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Backup Documents 10/21/1997 R0ctoher 21, 1997 9:00 A.M. October 21o 1997 AN~ PERSO~ ~0 ~ TO APPEAL A I~CISI(~ OF THIS BOARD ~ NERD A TO ~ THAT A VERBATTW_ RECORD OP ~ ~ IS MAIIR° ~HICll IS TO BE BASED. ALL RRGISTERED PUBLIC SPEAKR~S ~.?? HR n~ TO ~ ~LESS PRRMISSI0~ F0~ A~DITI(~L TIME IS CHAIRMAN. LQNCH R]ECESS ~ FOR 12:00 NO(~ TO 1:00 P.M. INVOC~TIO~ - James Perman, Temple Shalom. '~ ~-a/or ~tc~ 5/0 Proclamation proclaiming the week of October 23-31, Red Ribbon Week. To be accepted by Regina Wagstaff, Coordinator for Collier County Red Ribbon Campaign. adopted 5/0 1997 as 2) Proclamation proclaiming October, 1997 as Crime Prevention Pauel Month. To be accepted by Sheriff Hunter. a4apt~cl 5/0 Presentecl 1) Glen Miles - Facilities - 5 years October 21, 199'7 A. ANALYSIS OF CHANGES TO RESERqiES FORCe. 7. PU~'.?C PETITI(H'~S A. Mr. james L. Walker regarding mowing liens. County Attorney d/rectec] to present options on 11/4/97 8. CO~NTTAI~Q~iI~~R'S~ 1) 2) 3) 4) 5) Petition C-97-4, V. Carleton Case, Jr., representing Kiwanis Club of Naples, requesting a permit to conduct a circus on November 22 and November 23, 1997, at the Florida Sports Park on State Road 951. CP-97-3 A~~ S/O Petition C-97-3, Our Lady of Guadalupe Catholic Church requesting a permit to conduct a carnival from November 26 through November 30, 1997, on their church grounds located at 219 South 9th Street in Immokalee CP-97-& A~~5/0 This item has been deleted. Petit.ion C-97-5, Reverend Joseph Spinelli of St. Elizabeth Seton Catholic Church requesting a permit to conduct a carnival from November 5 through November 9, 1997, at 5325 28th Avenue S.W., Golden Gate, Florida. cP-gT-SAE~rove~5/0 Adopt an Interlocal Agreement between Collier County and the City of Naples to provide for a FEMACoordinator. Staff Request Board direction relative to the Developer's request to repeal the Twin Eagles PUD, Ordinance 97-29 Pa~m2 October 21, 1997 ~~ Staff recceeendatton to prepare it--- for public hearlnu 5/0 Moved from Item%16B3: 1. Approve an Alternate Road Impact Fee Calculation for the Sports Authority. Continued to 11/4/97 - A~ 4/1 {C~. Norris OJ~)OSed) C. PUBLIC S]~VICES ]~ved from Item 116C4: 1. Authorization to increase occupational license fees for landscape maintenance. Ai~Droved4/1 (Comm. Constantine opposed) R. O3ONTY AEKINISTRATOR F. ~ AOTHORXT~ 9. CCX]NT~ ATTORNK~'S ~ Board consideration for approval of a revised draft Memorandum of Understanding-Environmental Impact Statement (EIS) Southwest Florida, between the Army Corps of Engineers, Collier County and Lee County. Continued to October28, 1997 5/0. 10. BOARD OF~C0~I~SSIC~ERS Appointment of members to the Environmental Advisory Board. Res. 97-400 ~ppointin~ #tllta~ #. Htll a~d Breuda De]o~g - Adopted 3/1 (Cctv. Mac'k/e out an~ C=. ~an~:~k ~) Appointment of members to the Disaster Recovery Task Force. Res. 97-401 conf/zm/x~av~ltcants listed in the Exmcuttve A. A1 Per~{n- reBCC~ PUBLIC HEAR.TI'~,S ~ BE HEARD :I]M~IATE~Y ~ STAFF 12. AIT,;ERT/:SED PUBLIC ~ - BCC Page3 October 21, 1992 1) Petition PUD-97-11, Alan D. Reynolds of Wilson, Miller, Barton and Peek, Inc., and George Varnadoe of Young, vanAssenderp and Varnadoe, P.A., representing Barron Collier Partnership, requesting a rezoning of certain defined property as herein described from 'I" and "A" to "PUD" (Creekside Commerce Park PUD) for property located at the southeast and southwest intersection of Immokalee Road (C.R. 846) and Goodlette Frank Road (C.R. 851) in Sec. 27, T48S, R25E, consisting of 108.4 acres. Ord. 97-51 Adopted w/changes 4/1 (Co~aissioner Constantine opposed). Continued to 11/4/97: 2) Petition PUD-97-9, John P. Asher, P.E., of Coastal Engineering Consultants, inc., representing The Club Estates, L.C., for a rezone from "A" Rural Agricultural to "PUD" Planned Unit Development for a project titled The Club Estates PUD containing a development strategy consisting of 28 single family detached housing lots and homes on a total site area of 155.8 acres located on the west side of C. R. 951 (Isles of Capri Road) immediately contiguous to the property known as Naples National Golf and Country Club in Sec. 10, T50S, R26. (Continued from the meeting of 10/14/97) Continued to 11/4/97 1) Recommendation to create the Radio Road Beautification Advisory Committee; providing for appointment and composition; setting forth terms of office; providing for removal from office; failure to attend meetings; providing for officers, quorum, rules of procedure; providing for reimbursement of expenses; setting forth the functions; powers and duties of the Committee; setting forth the duties of the County Administrator or his designee; providing a review process; providing for conflict and severability; providing for inclusion in the Code of Laws and Ordinances; and Ordinances; and providing an effective date. Ord. 97-52 Adopted w/c~anges 5/0. 2) Petition AV 97-015 to vacate, renounce and disclaim the County's and the public's rights and interests in all of Waterway Drive and to vacate, renounce and disclaim the County's and the public's rights and interests in the 20' Page October 21o 1997 wide drainage easement between lots I and 2 and to vacate, renounce and disclaim the Ccunty's and the public's rights and interests in the 20' wide drainage easement between lots 6 and 70 according to the Plat of "A Replat of Tract 'L' Marco Beach Unit Six" as recorded in Plat Book 12, Pages 55 and 56° Public Records of Collier County, Florida. Res. 97-402 adopted S/0 13. BOARD OF Z~TING APPEAI~ A. ~SED PUBLIC B. OTHER 14. STAFF · S COI~I~[CATI01IS 15. ]K)ARDOFCOONTYCN31~]ISSI(H~ERS' C(~]MI~ICATI01TS 16. C~SENTA~ENDA- All matters listedunder ~h{8 item are considered to be rout{-e az~actionw~11 be taken by one motion desiredbyame~berof the Boar~, that itea(s) will be removed f~the Consent Agenda an~consideredse]~xately. A~and/orA~tedwithchanges 5/0 1) Request to approve the final plat of "Longshore Lake, Unit w/ Construction & Maint~--nceAgreement & sti~alations 2) Request to approve the final plat of "Quail Walk, Phase Four". w/ Construction & Maintenance ~z~reement & stipulati~ns 3) Request to grant final acceptance of the roadway, drainage, water and sewer improvements for the final plat of "Savanna". Res. 97-396 4) Approval of Contract GC526 with the Florida Department of Environmental Protection (FDEP) to continue to perform petroleum storage facility assessments within the County. 5) Request to approve the final plat of "Courthouse Shadows". wi sttp. 1) Approve Amendment #2 to Work Order ABB-FT96-3 for repair of Pa~e5 October 21, 1997 three SCRWTF Process Tanks, Project 70023. 2) Award a Contract for Bid No. 97-2731 to Mid-Continent Electric , Inc. for site electrical improvements for Sugden Park, Project No. 80081. In the amount of $162,900.00 Moved to Item %8B1: 3) Approve an Alternate Road Impact Fee Calculation for the Sports Authority. 4) Adopt Resolutions and enter into contract renewal with the Florida Department of Transportation for roadway sweeping and median mowing at selected locations within Collier County. Res. 97-397 andres. 97-398 5) Approve an Amendment to the Agreement with George Botner, ASLA for the Davis Boulevard Landscape Beautification and Streetscape Masterplan, Project 60013. In the amount of $28,875.00 6) This item has been deleted. 7) Approve Reclaimed Water Use Agreement with Lakewood Community Services Association. 8) Approve Change Order No. 2 to South County Regional Wastewater Treatment Facility Upgrade Contract i Bid 96 2509, Project No. 73916. ' 9) Approve the Professional Services Agreement with Johnson Engineering, Inc. for design and permitting of Goodlette Frank Road four laning improvements, CIE Project No. 065 (RFP No. 96-2599). Tn the amount of $665,182.00 C. PUBLIC SERVICES 1) 2) 3) Approve a budget amendment appropriating revenue received at Vineyards Community Park at the end of FY 97. In the a~ount of $9,939.00 Approve a budget amendment appropriating funds for improvements at the Immokalee Sports Complex/Fitness Center. In the amount of $22,400.00 Adopt the Sugden Regional Park Special Event Usage Policy. (Continued from 10/7/97.) Moved to Item ~8C! Pa~e 6 4) 21, 1997 Authorization to increase occupational license fees for landscape maintenance. 1) Approve budget amendment for the repair of plant material along US 41 at the Main ~overnment Complex due to construction In the amoun~ of $20,000.00 2) Approval of a First Amendment to Lease Agreement between Collier County and Congressman Porter Goss and execute a Resolution regarding same Res. 97-399 3) Execute Contractual Agreement with Golden Gate Fire Control and Rescue District for Fire and Rescue Protection Services within the Collier County Fire Control District 4) This item has been deleted. 5) Approval of award of Bid #97-2736 to Evergreen Landscaping of Collier for grounds maintenance at satellite facilities In the --nual amount of $58,080.00 1) Budget Amendment Report. B.A. 97-503 and 98-009 F. BOARD OF CO~NT~ C(~[I~~ 1) Satisfaction of Lien: NEED MOTION authorizing the Chairman to sign Satisfaction of Lien for Services of the Public Defender for Case Nos.: 89-1624-IT, 89-1622-IT, 94-4739-MMA, 93-0031-CFA, 94-1607-CFA, 88-0316-CFA, 88- 2330-TMC, 95-4162-MMA, 94-1757-CFA, 97-0721-MMA, 97-1987- MMA, 97-1666-MMA, 97-1094-MMA, 97-6361-MMA, 93-4558-MMA, 97-0726-MMA, 97-6360-MMA, 96-8782-MMA, 97-6415-MMA, 96- 9293-MMA, 95-524-CFA, 95-0524-CFA, 95-1997-CFA, 96-9349- MMA, 96-0484-MMA, 96-6940-MMA, 96-8858-MMA, 96-5877-MMA, 97-4541-MMA, 97-6335-MMA, 97-2808-MMA, 96-9329-MMA, 93- 1549-MI, 97-5230-MMA, 97-0692-MMA, 97-4072-MMA, 97-1907- MMA, 96-0298-MMA, 89-0634-MMA, 94-5886-MMA, 94-5885-MMA, 97-0234-MMA, 96-0795-MMA, 97-2036-MMA, 97-0940-MMA, 97- 6239-MMA, 97-1197-MMA, 96-1545-MMA. October 21, 199'7 1) Reco~endation that the Board sign the acceptance document for the $2,025,000 COPS Universal Hiring Supplemental Grant #95CCWX0265. I. CCK~T~A~ Jo AIRPORT~~ 17. ADJ(KTRN Page 8 AGENDA CHANGES COLLieR CO~ BOA~ OF ~~ ~~~IONE~' ME~G ~BER Il. I~ ADD:. ~ [(AXO')- REQUEST BOARD DIRF. CTION RELATIVE TO THE DEVELOPEIt'S REQUEST TO REPEAL THE TWIN EA~ PUD, ORDINANCE 97-29. (STAFF'S REQ~ CONTINUITO II/4/W/MEETINOt rrg. M 12(B)(2). PEITIION PUD-97-9, ~ (X.UB ESTATES m~ZOt~ NtOM"A" RURAL AC~~~ TO t~O FOg A Tm.ED TtUt Ct.Ua ESrATES ~ru WEST Sine oF C.l~. 9s~ ~tATELY COUt4m~Y CLUB. (STAFFS R~_.Q~. . MOVg: ~EM I6(C }(4) TO ~(C XI) - AUTHORIZATION TO INCREASE OCCUPA~ON~ LICENSE FEES FOP, LANDSCAPE MAINTENANCE. (STAFF'S ~. R o c ~,.4 st,{ ? t O l~ prevention resources hate been dramatically cut, progrttms and community based efforts are asked to do more wfth less and community servlct~ compete f°r remaining limited support; and substance abuse is the most common risk factor impacting our behavioral healtI~ particularly for our young people (furthering delinquency, teen pregnancy, HIV/AIDS, child abuse and violence and so forth): and families face unprecedented pressures and stress imposed upon them by the overwhelming nature of today': society; and prevention and Intervention efforts continue to tnfluence non-use of alcobM, tobacco and other drug abuse, tt still rernalns prevalent tn every Flortda community; and lqortdlans must recommit to strengthening families, ntlghborboods, and communities and educating our citizens about prevention focused Initiatives to counter the and Imperative; and · 'tt'EP, EA:R th, NO~' TFIEREFORK be County, RED RIBBON W'EEK of ~orfdo prewntiott ~f Colller . $1, 1997 be designated and encourage all Collier County citizens to wear a red rtbbon to symbolize our commitment to healthy and safe environment:for each cittu~ and to participate in events throughout the week and throughout the year that ntpport . posittve lifestyles. DONE AND ORDEJ~ED THIS 21st Day of October, 199Z** BOARD OF COUNTY COAO, tISSIONE~ · COLLIER COUNI~, FLORIDd ~OT~. }~qCOC~ gCe, PROC£AMA TION th,m~elv~, th~lr famtllu, Mtghbor~ and co-~,orlg, r~ from b~tng harm, d b~ drugs, Holenc~ m~d other crirtw~: and crtme l~'t~.ndon tnlti~l~ nmn In,Ind., b~ ~o ~nd ~l.f-I~Ottetlon :eeurtt~ to pro.oft .ollabo~l~ tfforu to ~ Mighborhood~ ~ for all age~ and to de.lop lx~ttl~ #duca~onal and ~cr~ational oppon'un~e~ young people; and f~om eff~ctt~ M't~ntlon and ~b't~ng cHn~ ; DONE AND O RD F~ ~n Pe~it No. PEP~SIT FOR CARNIVAL EXHIBITION CP-97-3 8 A I STATE OF FLORIDA : COUNTY OF COLLIER: I~EREAS. V. Carleton Csse of the Kiwanis Club of Naples, has made spglication to the Board of County Commissioners of Colli.~ County, Florida, for a per~Lt to conduct s carnival or exhibition; and ~ERKAS, V. Carleton Case of the Kiwanis Club of Naples, has presented to the Board sufficient evidence that all criteria for the issuance of a permit to conduct a carnival or exhibition as ss~ forth in Chapter 10~ Article II~ Amusements and ~ntertainments, of the Collier County Code have been satisfied and that such carnival or exhibition will be conducted according to lawful requirements and conditions; and ~HERF~AS, said V. Carleton Case of the Kiwanis Club of Naples, has requested a waiver of tbs Surety Bond; and NOW, THEREFORE, THIS PERMIT IS HEREBY GRANTED TO Our Lady of Guadalupe Catholic Church: To conduct a circus of November 22 and 23, 1997, in accordance with the terms and conditions set forth in the petitioner's application and all related documents, attached hereto and incorporated herein for tbs following described property: (See attached Exhibit "A") 2) The request for a waiver of the Surety Bond is hereby approved. WITNESS my hand as Chairman of ssid Board and Ssa1 of said County, attested by the Clerk of Courts in and for said County this ~ day of A~ESTt.~.. .' '~ ~ BO~D OF ~Y ~SSIONERS: ~IGHT;E. BR~ ~ OF COURTS APPRO~ AS ~TO ~ ~D LEG~ SUFF~CI~CY= ~J~ig M. STUD~T ~SIST~ COU~Y ATTORNEY The SW 1/4 of the NE 1/4 of section 14, Township 50 South, Raflge 26 East= the SW lf4 of the SE. 1/4 of Section 14, Township 50 Sou~h*~ Range 26'Eas~ ~he -I~ 1~4 o~- ~he . ' SE'1/4. of'Section 14, Township ~0 South~ · Range 26 Eas~{ an~ ~he Wes~ 1/2 of ~he ~ '' 1/4 of the NE 1/4 of the SE 1/4 of Section. 24, ToWnship' $0 South, Range 26 ~ast, Collier County, Florlda. Sub~]ec't to ~estz~ct~ons, reservat~ons.an~ easements of record. I £X~XBXT "A" September 19, 1997 ~/',9 CLUB OF HAPLES P.O. SOX 1653 NAPLES, FLORIDA 36101 8 A I Hr. Robert J. Mulhere Planning & Technical Services Manager 2800 North Horseshoe Dr Naples, Florida 34104 / Re:Application for Circus Permit Clyde Beatty-Cole Brothers Circus,Inc. Dear Mr. Mulhere: Herewith submitted is an application for a circus pemit for the Clyde Beatty-Cole Bros. Circus to perform shows on November 22 and November 23, 1997. The Kiwanis Club is sponsoring the performance as a way of raising funds for community service activities as a part of the 1995-1996 Kiwanis International major emphasis theme. Enclosed is a check for $200.00 representing the non-refundable application. All information and attachments required by Chapter 8 1/4 of the County Code are included except for a surety bond which we ask the county to waive and which it has the direction to waive. The Kiwanis Club of Naples has been responsible for handling the parking of cars and the cleaning of the County Fair parking lot for over eighteen (18) years. It has sponsored the circus for twelve (12) years. On the basis of our record, we submit to the county that we have shown and will be able to have the site cleaned after the circus leaves and otherwise perform as required. The site proposed is the Florida Sports Park on County Road 951. If you have any questions concerning this application, please call Dr. Michael Stevens at (941) 643-2324. Thank you for the office's consideration and anticipated cooperation. ~ V. Carleton C~(se VCC:tm Enclosure please read reverse side Copy: before cou~letina this Copy: ~ Copy: Zoning Direct/~ Petitioner V A 1 (2) County Hanagar' PETITION NO. ~ ~,_.~ DATE: PETITIONER'S NAME: ~IWANIS CLUB OF NAPLES,INC. PETITIONER'S ADDRESS: D_o. Box 1453 NAPLESr FL 33939 CONTACT: CARLETON CASE .TELEPHONE: 941/434-1212 PROPERTY OWNER'S NAME: FLORIDA SPORTS PARK/SWAMP BUGGY GROUNDS PROPERTY OWNER'S ADDRESS: S.R. 951 & RATTLESNAKE HAMMOCK ROAD GENE VACCARO~ MGR. .TELEPHONE: 941/774-2701 LEGAL DESCRIPTION OF SUBJECT PROPERTY: ,(SAME) SEE ATTACHED SEPTEMBER 12 f 19.97 GENERAL LOCATION: (SEE ABOVE) CURRENT ZONING: CURRENT USE: SPORTS/EVENT FACILITY NATURE OF PETITION: TEMPORARY USAGE OF PROPERTY/CIRCUS 2 DAY EVENT SATURDAY, NOV. 22 (shows at 4:30 & 7:30) SUNDAY, NOV.23 (shows at 1:30 & 4:30) THE FOLLOWING INFORMATION IS INCLUDED IN THIS PETITION. TION, SEE REVERSE SIDE.) (FOR EXPLANA- 3.e.1) 3.e.4) 3.e.7) 3.e.2) 3.e.5) 3.e.8) 3.e.3) 3.e.6). 3.e.9) Comments: . /IG~ATURE OF PETITIONER DATE REVIEWED by Board of County Commissioners: Approved: Disapproved: Conditions of Approval: SIGNATURE OF COUNTY MANAGER Excerpt 8 from Ordinance No. 75-11 Filed Secretary of State 3/6/75 3. Application and Fee for Permit. A minimum of twenty (20) days before occupying the carnival or exhibStion site, an application for a permit shall be submitted to the Cdunty Manager in four (4) copies accompanied by: a. A surety bond in the penal sum of $2,500, issued by a company authorized to issue such bonds in Florida, conditioned upon the operator complying with each provision of this Ordinance and subject to forfeiture under the terms provided in Paragraph 8 hereinbelow. b. Evidence of current public liability insurance coverage, issued by a company authorized to do business in Florida, in the minimum amount of $100,000 for any one person and $300,000 for any one incident. c. A non-refundable fee o~ d. ~ currentoccu~)ationai license issued by ~he Collier County Tax Collector, and e. Including the followiDg'information: 1) The name and headquarters address(es) of the carnival or exhibition company(les) with a direct or indirect financial interest; name(s) and address(es) of any sponsoring organization(s), and the name and local address of the applicant representing the carnival or exhibition company(les); 2) A description of the every activity to be conducted such as but not limited to, menageries; circus and side-show perform- ances;, amusement, merry-go-round and other ride activities; food and drink dispensing facilities; booths for conduct of games of skill or chance not prohibited by State law to be open to the public for an admission or participation fee and number of persons to operate the activities;. 3) Name, identification and social security number of each person accountable for the operation of each activity; 4) A description and sketch of the site showing the location of each activity proposed, the location and number of sanitary facilities; parking facilities, and provision for lighting and public water; '. 5) Application for Food Establishment Operating Permit from the County Health Department as required by Ordinance 74-45. 6) The plan for refuse, garbage, debris, and sewage disposal during and after operation of the circus or exhibition. 7) Provisions for traffic control, fire safety and security precautions; 8) The date and time each activity is to be conducted and concluded; 9) Written approval from the owner of the property authorizing the use of this premises for such carnival activity. 10) Legal description of property to be utilized. B 'A. ! The SW 1/4 of the NE 1/4 of Sectton 14, To,reship SO South, Range 26 East= the 1/4 of the SE. 1/4 o~ Sec,:ion 14, Tovnsh~p 50 Sou~h, Range 26'Eas~ the l~ 1/4 o~- the · SE'114. of' Section 14, Township S0 Sou~h; · Range 26 East~ aha the Wes= 1/2'of the 1/4 of ~he NE 1/4 of the SE 1/4 o~ Section. · 14, To~sh~p-S0 Sou~ Range 26 East, Collier County, Flo:~a- S~]ec't to =estt~cttons, :ese~attons.ana eas~en~s o~ record. E;X'~I'Z B l T ~B A 1~ 055 I · ,CARNIVAL OPERATION PETITION . THIS ADDENDUM OF INFORMATION REGARDING THIS PETITION REQUEST IS ATTACHED AS EXHIBITS TO ADDRESS ARTICLES INCLUDED IN ORDINANCE No.75-11: S3 (a) As a Civic Organization, applicant requests that the bond be waive{l, Cb) Insurance Certificate Attached ( see exhibit S9 ) (c) Check for f,, attach,d (Ch,ck f ~- DATED copy Attached (Chec , as a ~ee to Rene~ Co11%er County 0ccupa~ional '(e) il-EXHIBITION COMPANY 1.LOCAL SPONSOR: COLE BROS. CIRCUS, INC. d/b/a CLYDE BEATTY-COLE BROS. CIRCUS P.O. BOX ,127 · DELAND, FL 32721-0127 KIWANIS CLUB OF NAPLES,INC. P.O. BOX 1453 ~ NAPLES, FL 33941 2.The activity will include 4 scheduled circus performances each lasting approximately ~--~ours i~cluding animals, aerial~sts and other customary attractions within a single tented facility. Seating for 2700 ~s~provided% Patron Parking is provided within the CircUs site. On-site overnight accomodat~ons for circus .personnel. The Circus employs approximately 90 persons.a~d hires no local vendors or Jobbers. All food an4 beverage provided by Circus's mobile food facility. 3.CIRCUS ON 'SITE CONTACT~ MANAGER,'.~A~,~~__..- · · '.'. CIRCUS-FEDERAL I.D.S - 59-216155~---------'*' ~'~-- SOC. SEC 4.LEGAL DESCRIPTION OF SITE IS UNAVA~LABI~. SKETCH SHO~ING LOCATION OF PROPOSED ACTIVITIES/FACILITIE~h~ATTACHED (see exhibits 1, 2,3, ) · 5.FOOD ESTABLISHMENT PERMIT FROM STATE OF FLORIDA TO BE PROVIDED UNDER SEPARATE COVER. 6.LOCAL DUMPSTER/TRASH REMOVAL COHPANY IS CONTRACTED 'BY SPONSOR TO MAINTAIN AND CLEA~N AND REMOVE TRASH AND DEBRIS FROM SITE UPON CONCLUSION OF THE EVENT. THE CIRCUS PROVIDES 10 PORT-O-JOHN FACILITIES (5 male/Sfemale) FOR PUBLIC USE AND CONTRACTS LOCALLY FOR HANDICAPPED FACILITY. ALL PORT-O-JOHNS ARE PUMPED AND DISINFECTED ON A DAILY BASIS BY A LOCALLY CONTRACTED SEPTIC/SEWE~ CONTRACTOR ! · * cou~ l,P. Im'~O COMI,,i. NY [] {~ * P.O. Box 127, I .IpAY /' ' ~--/~ 10'~7 . . ,~ ............. -..: .............. ,~ - . , : ....~,_ , :- - . ........... ..,~ ~. ~ ~CUPA~ ~E 1~~ REN~ NO~CE - ~ ~' ~ ~~~R~8~~,lO~a '1 ~ i ~~ ~so ~ P 0 80X'127 0:~ ~ .... DELAND FL ~-~ t ~n~~s /;~ TRAVELING SHOU~CARNIVALS c 1, ~1 zoo.ool zzo.ool nS.OD I zzo. oo 'l Z35.00 I 9202*2/- IMPORTANT: RETURNTHIS FORM WITH OCCUPATIONAL UCENSE' KEY HOLDER INFORMATION BUSINESS TELEPHONF ¢~ 0 t~ "7'-~ -- ~ ~ '7 / KEYMO~ER INFORMATION (Nam~ & Home Tetopho~ Numtle0 ALARM CO. NAME AND PHONE..~"h # ETC' DO~ o~ P.E~S~S_.----,C~]~ CARNIVAL ..OPERATION PETITION ADDENDUM C0LLIEI~ ~0UNTY, FLORIDA DATED = RE~ KIWANIS CLUB OF NAPLES, INC./ CLYDE BEATTY-COLE BROS. CIRCUS PL'TITION REOUEST PAGE TW0(cont~nued...) 7.SPONSOR WILL ARRANGE, THROUGH COLLIER COUNT~ SHERIF~*$ OFFICE, TRAFFIC CONTROL PERSONNEL BOTH PRIOR TO AND AT THE CONCLUSION OF EAC~ PERFORMANCE TO ASSURE SAFE; EFFICIENT TRAFFIC ONTO. MAIN ~OADS. DEPUTY SHERIFFS OR LICENSED PRIVATE SECURIT]~ .PERSONNEL WILL BB ON SITE DURING P~ORMANCES AS A CI~OWD CONTROL AND.SECURIT~ MEASURE. THE KIWANIS CLUB OP NAPLES, INC. WI~-L ADDITION~_.?:]~ PROVIDE VOLUNTEERS TO DIRECT PARKING ON SITE. ' 8.T~E SCHEDULED PEI~FO~tANCES ARE AS .FOLLOW~= ~ W3:LL a~ A ~'OT~U, 0~' ~ P~m='. o~<~u~c~',~. .SATURDAY,NOVEMBE~ 22 ~.4~'~0. & '7=30 SUNDAY, NOV~. ER 23 ~'1'i30 & 4=30 9.COP]~ OF AGREEMENT WITH ~LORIDA SPORTS PARK '(SWAMP BUGG"Z,INC.) .FOR USE OF SITE ON THE DATES LISTED. ( see Exhib~ 910) e The SW 1/4 of the NE 1/4 of Sect£on Tovnship 50 South, Range 26 £ast= the 1/4 of the SE 1/4 of Section ~4, Township 50 South, Range 26 East= the .N~ 1/4 of, the SE 1/4 oE'Sec=~on 14, Townsh~'9 50 South; Range 26 East~ aha the Hest 1/2'of the 1/4 of the NE 1/4 of the SE 1/4 o~ Section. -14, To~sh~p. 50 South, Range 26 East, Collier County, S~]ect to restrictions, reservat~ons.ana easements of 1 [:x'.'z mx? 'A- 2. 4. 6. ?. Copy of Map Showing Site Sketch of Circus Layout on Site Circus Layout/Set-Up Diagram Insi4e Tent/Seating Diagram Circus Logistics Sheet Fire Safety Operations Sheet Inspection Requ. est Sheet Certt'ficate of Flame Resistance ' Insurance Certificate '' Agreement With' '~lo~i~a Sports Park 8 A " . 8 A I ._ m ,t LOGISTICS CIRCUS BIG TOP: 150 FEET BY 300 FE~T The Stake line extends fifteen feet beyond the perimeter of the canvas, and the."~'igger Lines" (Two) extend thirty feet beyond each "end" of the tent. SEATING CAPACITY: 3,000 Reserved Chair Seats (Twelve Sections) accommodate 1,716 patrons. General Admission Seating is provided by four ble~cher seat wagons. ' ' ELECTRICITY: ,.....Orovided by three dies~l-~:~wer~d generator plants RESTROOMS: Eleven self-contained units, serviced daily VEHICLES: 27 diesel-powered units: 3 straight trucks and twenty-four tractor-trailer mits. ?effo .truers and Staff travel in approximately 35 RV Units.. SAFETY: Chemical and water fire extinguishers in Big Top area as weI1 .',$ safety equipment in generator trailer and show trucks. Trained · personnel monitor safety, on showgrounds. No Smoking observed in Big Top. AREA NEEDED: Approximately 3 Acres (minimum of 300 feet by 450 feet) for placement of Big Top, seating, animals, vehicles and show equipment. Patron parking area is in addition to the minimum area required for Circus. Patron Access Main Front Ehtr'4nce/Egress 30' Wide · Rear Performer Entrance/Egress 15' Wide Four additional Auxiliary Exits (two each side of Big Top) 15' Wide. Clearly marked by contrasting color (red) and large lettering 'EXIT.' Each emergency auxiliary exit marked by lighted phosphurescent exit signs. No smoking announcements are made prfor to each performance and durfn~ parr, cfm, anco intermission. Two ushers monitor any patron stocking throughout the performance. No smoking signs posted on eve~-! other quarter-pole as well as three posted sT m~n p~tron e~,trsnce. All electrical power provided by two diesel-powered Caterpillar' Generators, 1 2.=0 KW Cat an, d 1 300 KW' Cat. All electrical cables are either buded, suspended, or covered by robber matting, Two'75 KW Emergency generators automa?JcaIly come on in ~he event of the failure of both m~n generators, All elevated end seating sections are banistered by 36" high railing .... .. o. Ail ~Jsles v~thin the seating sec'Jcns are 30' in w~dth, '- Es. ch of the four portable seat wagons co'ntsin two water-type fire extinguishers s: e-'c,~ e~d for a · to~sl of 16. Each of the four main centerpoles of the Big T~3p have two ABC Chemical fire exdn~;u~shers mounted on either s!de for s total of eight. . . · Each generator vehicle contains I ABC Chemicai. type extinguisher, 'i'he Main 'l'i~et Wagon Show Office contains Rrst-Nd kit, Weather-Alert equipment, and mobile ce!lular telephone. Local numbers of emergency support (Fire, Police, Ambulance) arb kept on file for each locale· Show manager, assistant managers utilize walX'y-talkys for c=nstan~ communicsticn on the Circus ~.rcuc, ds in the event of mishap or INJURY. , 8 A ITEMS RELATED TO FIRE DEPARTMENT PLEASE NOTE THAT THE CIRCUS RRE PROTECTION PRECAUTIONS AND EQUIPMENT ADHERE TO GUIDEUNES APPROVED UNDER THE NATIONAL STANDARD FIRE AND BO~A CODES. INCLUDE SPECIFICATIONS AS NECESSARY IN R~DS TO: (1) (2) Fire resistance materials Posting of NO SMOKING signs throughout tent. Announcements made prior to and during each scheduled performance. Circus personnel on watch Io enforce NO SMOKING ordinance. ( 3 ) Number of and dimenslons of widths and distance in regan:l~ lo entrances, e;g'resses, aisles and emergency exl~ Flre lane arounds clrcumference of the Blg Top. Unobsfn~cted ena'ances and egresses Io seating areas. Number and type of fire extinguishers available throughout the Big Top both water and chemical types, labeled as to current charge. Fire and first-aM kit for emergency medical treatment. Mobile telephone and walky, talky rna'lo for monltorlng threatenlng weather conditions. National Weather Service telephone numbers on file on a per-ar .~ basis. RRE.DEPARTMENT PERSONNEL SHOULD SCHEDULE INSPECTION TO TA~E PLACE · s.A~'., t,TOV. 22~ollowlng the set-up of the lent and related facilities and prior to the first scheduled performance before any member of the public has been admitted. ITEMS RELATED TO HEALTH DEPARTMENT (~) (2) Circus provides 10 chemically.treated portable "port-o-Joh'n' lype toilets (five men and five women) for pubilc use. Circus contracts local septic tank sarvlce to pump toil~t holding tanks on a dally basis. Indivldual motor-home and Iravel trailer holding tanks are on an 'as needed basle'. Clrcus contracts locally for two 20-40 yard roll off lype dumpsters for animal and patron, trash and refuge during the engagement. I dumpster is posllloned near the concession/food service area for paper trash and the second Is positioned near the animal compound for maure waste. Durnpsters are emptied during the engagement on an 'as needed basis"· (3) Food items available to the pubilc, Its storage, preparation and serving facilities are housed within a single trailer facility. Items are soft drtnks, popcorn, colton candy, snow cones, peanuts (pre packaged) and hot dogs. No frozen dairy products are served. ice and hot dogs arj~ purchased locally. "F. ALTH DEPAm a rr P NEL SHOULD SCHEDULS PSC'n TO PLACE 'SA'~.NOV.22 2~'H . following the set-up and preparation of Ihe health and food service facili~, and prior to the servin~ to the first member of the public. 8 A [or ore inherently nonintlammabte) and were supplied to: RECERTIFIED CLYDE BEATTY COLE BROTHERS 0^TE ~ ~.'.;SUEDW¢ ,.,, .,,v., ,' '" REGISTERED el ' ANCHOR INDUSTRIES INC. 02/26/93 &ppLICATION ,; i:,/AN%V;t t.(:. INOIANA 47711 . ~.., treeted This is to ce~ily thot the materials described have been tlam~retardent 32'/21-012'/ DELAND FL Cortilication is hereby made that: The articles described on this Certificate have been treated with a tlame-retardant npprovod chemical g~d that the application of said chomical was don~ ~n ccnformanco with California Fire Marshall Code, equal to or exceeds NFPA 701, CPAi ~4. ULC 109 The method ot the FR chemical appll~tion ~..,~,' ~5' BLUE ~ ~t~ NA~ ...................... 1038 W. MARTIN ST P O BOX 127 140' X 2~ l0 PC_ ROUND END CIRCUS Flame R.etardant''~r-°cess Used Will Not Be Removed. By Washing And Is Effective For The Life Of 'the Fabric .... ~k_Z/.2-'.~ ,~- Re$,$ta,t F,msh ~ ~ --TENT~RTMENT-ANCHOR INDUSTRIES INC. ALLIEO SPECXN. TY INSURANCE, INC. 10451 CIJI. F BOULEVARD, TREASURE ISI-AN~, FL. 3~3706 Toll Free 1-800-237-3355 National 1-600-282-6776 Fl or ida 8 A 1 Certificate Number: 126 CERTIFICATE QF INSURANCE This certificate neithe~ affi~mativel~ no~ negattvel~ amends, extends o~ alters the cove~age afforded b~.the ~olic~(tes) described hereon and is issued as a matte~ of information aha censers no right upon the holder. The.policy(les) identified belo~ b~ a policu number is in fo~ce on the date of certificate issuance. Insurance is afforded onl~ mith respect to those coverages for mhtch a specific limit of liability has been entered and is subject ~o ~ll terms o~ the policy having reference thereto. Nothing herein containeu snail modifg any provision o~ said poltc~. In the event o~ cancellation of ~he po!icy, the ~o~pan~ issuing said polic~ mill make all reasonable effort ~o sene Notice o~ uanceliation to the certificate holder at the address shown herein, but the. Compan~ assumes no responsibilities fo~ ang mistake or failure to give SUCh notice.' An9 insurance made a part of the ~olic9 includes as a person insured with respect to an occurrence.~Jktng place at a Circus site, (1) the Fair or exhibition association, sponsorino organization or committee ~R) the o~ne~ o~ la?see the~e of C9) a munictpali~ granting the Named Insured permission co operate a(n) Circus, but onl~ as respects bodilg _. ~njur~ or pr~pert~ damage cgused b~ or con2ributed to b~ the neqligence of the Named Insu~ea mhi~e acting zn the course and scope of their emplovment. NA~E & ADD~ESS OF INSURED: ADDITIONAl. Clyde BeaSt,-Cole Bras Circus P ~ Bo~ 1R7 KIwis CI~of~I~, its~fi~. DJ~to~ Deland ~ ~~ ~ Flori~ ~rts FL 32721 I~. NAHE & ADDRESS OF CERTIFICATE HOLDER: Car ! ton Case 710 CIarendon Court Naples, Fi. 339q2 PR [HARY . COVERAGE Companu: Firemans Fund Insurance Companq Polio9 Number: PQ602079 LIAB I[.ITY LIMITS BI/PD OCC: _$~, 000, 000 .$10, 000,000 Food Products: Policu pe~'iod: From: To: $~,000,000 0~/15/97 06/15/98 DATES: Hov. 22 & 23, 1997 EXCeSS COVERAgE Firemans Fund' Insurance Compan9 XS&02080 Bodily.In,ur9 & Proper=~ uamage f1 ooo, Excess of · ,00o, 0o , ~1~000,00~ 0~/15/~? 0a/15/~8 EXCESS COVERAGE . Firemans Fund Insurance Companu XS602081. odily InJuru & ropertu Damage $3,000,000 Excess of 00o 3,000,000 0&/1~/98 * - COMglNED SINQLE LIMIT Coveraqe shomn herein applies onl~ to those items scheduled on or endorsed to the polic~. This certificate is not valid unless an original signature appears below. (Copies Not Valid) d~lq l&,. 1~97 A ALLIED SPECIALTY INSURANCE. INC. LOCATION: FLOR! DA ZONED:. MUST PROVIDE THE FOLLOWING: OCCUPATIONAL UCENSE 1997/1998 RENEWAL NOTICE ~(X) N, HORSESHOE DRrvE · NAPLES, FLORIDA 34 ge ~ ~ TH18 L~ENSE EXPIRE8 SEPTEMBER 30, 19 '~ o SPORTS PARK I~I~E CI~J~GE$ OR CORRECTIOI~ BELOW SHOWtCARHIVALS 904-736-0071 CLYDE 8EATTY COLE 8ROS C COLE 6ROS CIRCUS P O 80X ~27 DELANO FL 32721-0127 NAME: C1~:1~ Bea~/-Ek~le l~os. ~ 904-736-0071 ADD~: P.O. _P-<,x 127 C~"Y: DeL~t , ~A~ . ~ ,~_ 3~721~127 .... ~~~: ~ ~ . ,...' ~. 2'2 ~ 23 DATE(S) OF RENTAL: · ~ ,NEEDED , Outs~ SPECIAL ,N'EEDS: .. ~ ~O~: ~ ~ 600.00 ties cont,-'~'l, p=~ties mD'~e to ~e tcrm~ of PAGE 2 of tl~s conu'xt. 'IhJs,c~ntrbctlsvolduntllgllnedbYbolhplrtl~s,__._ ----' - '"' .... · ' '.' ; Permit ~o. C~-97-~ PEN4IT FOR C2~RI~IVM, EXHTBITION STATE OF FLORIDA : COONTY OF COLLIER: WH£RFd~% Our lady of Guadalupe Catholic Church, has made application to the Board of County Commissioners of Collier CountT, £1orida, for a perm1: to conduct a carnival or exhibition; and WR£REAS, Our lady of Guadalupe Catholic Church, has presented to the Bo~Fd #ufficient evidence that all criteria for the issuance of a permit to conduct a carnival or exhibition as set forth in Chapter 10, Article II, Amusements and Entertainments, of the Collier County Code have been satisfied and that such carnival or exhibition will be conducted accordinq to lawful requirements and conditions~ and W~ER£AS, said Our Lady of Guadalupe Catholic Church, has requested a waiver of the Surety Bond~ and NOW, T~EREFORE, THIS PERMIT IS ~EREBY G~ANTED TO Our Lady of Guadalupe Catholic Church: 1) 2) To conduct a carnival or exhibi[ion from November 26 through November 30, 1997, in accordance with the terms and conditions set forth in the petitioner's application and all related documents, attached hereto and incorporated herein for the following described property= SE ~, NE ~, of the SW ~ of Section 4, Township 47 South, Range 29 East, Collier County, Florida. The request for a waiver of the 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 ~g_._ day of ~~ , 1997. 14A.~IO~B H. $TUDF. NT ASSISTANT COUNTY ATTORNEY ~OTE:. ~ Copy: Zoninq OlrecCor ' J~ ¢op¥: Pe~i~ioner P_~ CopM: (2) countM ~anager 8 A 2 PETITION NO. DATE: SEPTEMBER 16,1997 PETITIONER'S NAME= OU~ADY OF GUADA~UPE CAT~O~IC C~URCH P~IO~'S ~DR~S= 207 SOUTH 9~h. STREET I~OKA~EE,FhORID& 34142 ~H0~=(941)657-2666 -657-63( PROP~ O~'S ~D~SS= 207 SOUTH 9~h. STREET I~OKA~EE,F~ORIDA 34142 ~HO~=(941)~57'2666-65~'63( LEG~ DESk,ION OF S~ PROP~= SE~NE% OF THE SW~ OF SECTION 4~ TO,SHIP 47 SO~H,RANGE 29 EAST,CO~hIER COUNTY~F~ORIDA G~ ~TION= 1B~OCK ~OUTH OF STATE ROAD 29 on 9~h. STREET CURRENT ZONING= RMF-6 CURRENT USE= PLACE OF WORSHIP NATURE OF PETITION= A REQUEST IS HEREBY MADE FOR A PERMIT FROM THE COLLIER CUNTY TO HOLD ANNUAL CARNIYAL FROM NOVEMBER 26 ~hu= NOYEMBER 30,1997 L THE FOLLOWING INFORMATION iS INCLUDED IN THIS PETITION. TION, SEE REVERSE SIDE.) 3.a. YES 3.e.1), YES 3.e.4) YES 3.b. YES 3.e.2) YES 3.e.5) YES 3.c. YES 3.e.3) YES 3.a.6)..'.YES glGNATURE OF PETITIONER (FOR EXPLANA- 3.e:7) 3.e.8) YES YES .: 3.a.9) DATE R~%'IEWED by Board of County Commissioners: Approved: Disapproved= Conditions of Approval: SIGNAT~E OF COUNTY MANAGER ~ Copy: (2) County Manager P~ITION NO. DATE: SEPTEMBER 16,1997 PETITIONER'S NAME: OUR LADY OF GUADALUPE CATHOLIC CHURCH PETITIONER'S ADDRESS: 207 SOUTH 9th. STREET IMMOKALEE,FLORIDA 34142 PROPERTY OWNER'S NAME: VILMAR ORSOLIN,C.S. PROPERTY OWNER'S ADDRESS: TELEPHONE: 207 SOUTH g~h. STREET (941)657-2666 -657- IMMOKALEE,FLORIDA 34142 T~FT~HONE: LEGAL DESCRIPTION OF SUBJECT PROPERTY: SE%,NE% OF THE SW% OF SECTION 4, TOWNSHIP 47 SOUTH,RANGE 29 EAST,COLLIER COUNTY,FLORIDA (941)657-2666-657- GENERAL LOCATION: 1 BLOCK ~OUTH OF STATE ROAD 29 on 9th. STREET CURRENT ZONING: RMF-6 CURRENT USE: PLACE OF WORSHIP NATURE OF PETITION: A REQUEST IS HEREBY MADE FOR A PERMIT FROM THE COLLIER CUNTY TO HOLD ANNUAL CARNIVAL FROM NOVEMBER 26 thur NOVEMBER 30,1997 THE FOLLOWING INFORMATION IS INCLUDED IN THIS PETITION. TION, SEE REVERSE SIDE.) (FOR EXPLANA- ' YES 3.a. YES 3.e.1) YES 3.e.4) YES 3.e.7) 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)' YES ~ 3.e.9),YES 3. d. YES Comments: DATE R~IEWED by Board of County Commissioners: ....... Approved: Disapproved: Conditions of Approval: SIGNATURE OF COUNTY MANAGER Except from Ordinance No. ?S-11 Filed Secretary of S~ate 3/6/75 3. Applicatio~' and Fee for Pe~it. A minimum of twenty (20) days before oc~pyihg the carnival or exhibition site, an application for a pe~it shall be su~itted to the County Manager in four (4) copies accompanie~ by: a. A sure~ bond in the penal sum of $2,500, issued by a company authorized to issue such bonds in Florida, conditioned upon the opera=or complying with each provision of =his O~inance and subject to forfeiture under the te~s provided in Para,apb 8 hereinbelow. b. Evidence of current public liability insurance coverage, issued by a company authorized to do business in Florida, in the minimum amount of $100,000 for any one person and $~00,000 for any one incident. c. A no~Jrefundable fee of $200. d. A current occupational license issued by the Collier County Tax Collector, and i e. Including the following information: 1) The name and headquarters address(es) of the carnival or exhibition company(les) with a direct or indirect financial interest; name(s) and address(es) of any sponsoring organization(s), and the name and local address of the applicant representing the carnival or exhibition company(les); · 2) A description of the every activity to be conducted suc~as but not limited to, menageries; circus and side-show perform- ances; · amusement, merry-go-round and other ride activities; food and drink d£spensing facilities; booths for conduct of games of skill or chance not prohibited by State law to be open to the public for an admission or participation fee and number of persons to operate the activities; 3) Name, identification and social security number of each person accountable for the operation of each activity; 4) A description and sketch of the site showing the location of each activity proposed, the locatioH' and number of sanitary facilities; parking facilities, and provision for lighting and public water; 5) Application for Food Establishment Operating Permit from the County Health Department as required by Ordinance 74-45. 6) The plan for refuse, garbage, debris, and sewage disposal during and after operation of =he circus or exhibition. 7) Provisions for traffic control, fire safety and security precautions; 8) The date and time each activity is to be conducted and concluded; 9) Written approval from the owner of the propert~ authorizing the use of this premises for such carnival activity. 10) Legal description of proper~y to be utilized. September 16, 1997 CARNIVAL OPERATION PETITION Section 3a. A surety bond. Applicant is requesting a waiver of the surety bond due to the annual carnival being held on the Church grounds. Section 3b. Evidence of current public liability is herein attached to this petition from both our Church and the Tolve 'Presentations ,Inc. Section 3c. Permi: fee of $200.00 (Two hundred dollars) is herein attached per check. Section 3e. Information as you requested: 1. Tolve Presentations ,Inc. of 269 Orient Way Lyndhurst ,NJ 07071,will provide the carnival rides again this year. Our Lady Of Guadalupe Catholic Church, 207 South 9th. Stree~ ,Immokalee, Florida 34142,will sponsor said carnival .As the Bishop representative ,Rev. Vilmar Orsolin C.S. is the solely responsible of the Church affairs. 2. FOODS STANDS: ligh: foremostly Mexican dishes, Hamburgers, Hot Dogs, run by a team of five persons. SOFT DRINKS: will be served from two (2)booths separated from food stands. NO ALCOHOLIC BEVERAGE will be sold or allowed on the church grounds. MECHANICAL RIDES= for children and adults, since the availability of rides contingents upon what other areas the company is working at the time, it is almos~ impossible to know which specific rides will be offered. GAMES OF SKILL: or chance will be the =ype not prohibi~ed by S:ate Law. 3. ACTIVITIES: a. Games of skill will be provided by the Amusement Company who will pay a fee percentage of the earnings. b. Games run by the Church= 1. Loteria (Mexican Bingo) PRODUCER ~ ,~ ~ :. " o~.v ~ caea~ tee mam~ re,o# ~ c~R'nnc~'ra Arthur J. Gallagher & Co. · , . ~~~~~~s~. P.O. B~ 02-~ Phone: A OUR ~DY OF GUADALUPE CA~OUC CHURCH B ........... Di~ of Veni~ C X~~ X .... ~ , , X ~ C~3 O~ ~DY ~ G~LUPE ~~ CHURCH ~q~3OUC~ (:210) 829-7634 (210) 829-7636 S. Kaliff Insurance HO~THI~CI~I~DO~I~OTAI~X'TENDOR 1250 NE Loop 410 1308 · ALT~THEC~O~AFFOP~BYTI~I~~].OW. San Antonio, TX 78217 ~ COfaPANIE~ AFFORDING COVERAO~ C~A~T~ ~-.-' Pa-~l -$u6pluS L(~i INS;" Co ,.., Third ~anaratton, Inc./T°lva'";;;sen Stave Tolve . ................................ 269 Orient 'Way o Lyndhurst, N] 07071 D ~____~EX(3'U~DN$ AND cONDiTION8 Of: SU<~H pOUCIE$- UMrI'~ ~IOVvN MAY HAVI ~FIq~l RF'DUOED IY PAID ctAIM~' .............. LC05530615 ANY AUTO 01/24/1997 01/24/1998 **REVISED CERTIFICATE** 11-24-97 THROCI(~ 12-2-97 OUR LADY OFGUADALUPE ATrN: REV. VILMARORSOLIN 207 SOUTH 9TH STREET II~40KALEE, FL 33934 SPECIALIZED GUARD SERVICES 3012 S.E. 22ND PLACE CAPE CORAL, FL 33904 o~,~ &~ ~ CLS0469960 ~~~ ~ 19745213097 o?/oe/s7 o?/oe/ e ~ 1,000,00C ~ 1~ 000,00C ~ 1~000,00C , It 000~00£ 50,00c S, 00~, $ $ 100,000 , SO0~ 000 ~ 100~ 000 A 2~ ARNIVAL OPERATION PETITION CONT ....... 4. Name and Social Security numbers of each person that is responsible for a booth. Since neither Mr. Tolve nor I( Father Vilmar) will know ahead of time which particular worker will be at the carnival, I am unable to provide, at this, theirs Social Security numbers or names. Our parishioners are as follows: A. Kitchen and Foods Booths Gerardo Alfaro, Gloria Contreras, Anis Gedeon Catalina Lechuga NatividAyala Rosa Martinez Artemio Lozano Laura Lozano Neftali Ortiz Lucy Ortiz Rueben Marquez Maria Marquez Benjamin Marquez Andes Marques Nereida Marquez Isabel Marquez Jose Marquez Ch. employee Ch. employee Ch. employee Ch. employee Parishioner Parishioner Parishioner Parishioner Parishioner Parishioner Parishioner Ch. Employee Parishioner Parishioner Parishioner Parishioner Parishioner Saturnino Hernandez Parishioner Aurora Hernandez Digna Martinez Eduardo Silguero Salvador Garcia Dahlia Garcia Adan Contreras Norma Contreras Parishioner Parishioner Parishioner Parishioner Parishioner Parishioner Parishioner Anastacio Contreras Parishioner Sylvia Contreras Parishioner Natvidad Gamez Parishioner SS#449-80-9292 SS# 263-64-4965 SS# 594-39-3280 SS# 536-03-6239 SS# 455-64-2495 SS# 265-13-4519 SS# 267-62-9181 SS# 263-68-1167 SS# 581-86-0094 SS# 463-72-1256 SS# 092-42-8033 SS# 261-04-5155 SS# 592-05-0861 SS# 534-84-4685 SS# 266-93-8520 SS# 266-93-7617 SS# 092-42-8226 SS# 460-33-9200 SS# 460-33-8391 SS# 261-97-4679 SS# 265-37-1801 SS# 267-91-3047 SS# 262-83-0179 SS# 463-58-6585 SS# 451-64-6861 SS# 460-65-4373 SS# 265-73-9524 SS# 387-42-2946 6. 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) funch- tioning toilets in different church building and we will rent (8} eight portable toilets for the duration of the carnival. '.~aUT H ~d A ~ S~te of Ploridl Dei~rtment of Health and Rehlbillt~tive Servlce~ Sanitation Certificate/Operating Permit Food Program Issued to: Guadalupe Center 211 S 9th St Immokalee FL 34142 Ma~ed to: Our Lady Of Guadalupe Cath.Chu P O Box 1053 Immokalee FL 34142 Permit Number 11-48-00180 Occupancy/capacity: 88 Fee Paid: 180.00 Effective Date: 10118/96 Expiration Date: 9/30/97 Name of event Anmml CarnAval ~ddress off even2 219 S 9~h. ST~EET,I~OXA~EE,FLO~ID~ 34142 Da~a(s) oE even~ ~OV. 26 thur Mow.30,97 ~o~s o~ opera~ion6:00 P.~.-ll:00 P. Sponsor o~ even2 OUR E~DY OF COlD,tOPE C~T~O~lC C~URC~ Ad.ess of Sponsor207_ SOUTH 9~h. STREET,X~OKALEE,FLORIDA 34142 Person in charge of food service FR. VILMAR ORSOLIN Phone (941) 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: M~le ( 8 ) Female ( 8 ) Meth°df~Dtoilet-%~XSte disposal: PORT - O- 5ET,NAPLES,FE. AND IMMOKAEEE WATER SEWER XJ¢. --- Describe method of liquid kitchen waste disposal: IMMOKALEE ~ATER & SEWER Describe cpntaiDer~ add me%hod of solid ~as~ Du~s ,rom ,mmo~axee,cxsposaA ~nc. pzus lo,d3~Pe~on(~~)~&~ Number of solid waste disposal containers provided: ~3 larae d3mpsters Describe facilities and method of hand washing: contaxners vx Describe facilities and method of utensil washing, rinsing and sanitizing: s Source of potable water: water coolers and containers with spouts For information and assistance contact: Environmental ~ealth & Engineering Department (S13) 643--8499. ? Addr~: SERVICES: OUR LADY OF GUADELOUPE CHURCH 20? $. 9T~ $~ .. ]:MMOY,.A[.EE., t:7... :33934 U A 2 PURPOSE[: The purpose of this agreement is to create an understandi~ between the'above named clienL(Client) and Specialized GUard Servtcas (Company). Si~RVICE[ TYPI::: Providing payment has bccn rnade.~s agreed, the company will provide: Patrol Service with Trained K-9 r'l Armed Securit7 Officer(s) With Trained K-9 Unarmed Security Officer(s) .W~th trained K-9 INCLUDED AT NO EXTRA CHARGE, is bac. J<-up help provfded.by the company's road patrol officers. The compeny reserves the right to upgrade frbm Unarmed ,Security Officer(s) to Armed Security Officer(s) at any time, with no extra charge to the ~ent. HOUR$:', The hours sha/! bs from 'DAYS: ~Mo.d~y ~ Tuesday Wednesday,.C~Thur~day ~f/Friday~ Saturdayj~ Sunday ~,~'REPORT$: Repod, s C3 are required, O am not required. Reports are to dropped off each day of =ervice at .. 8 A 2 ,~U,--E~. The rJT~.nt agrees to, provide ~vr~,en rules of the properb! so that proper enfomernent may ~ provided. The client also agrees to notify the company of any changes made to the rules. These rules and the spatial conditions noted below will become part of the "post on:lam" that each security officer is required to fo,ow. ADD ITiONAL SPECIF;CATIONS: eoth company and the cJient undam'~,and, and agree to ablde by any ad~tlonal sFectflCatlons attached as ExhibP. "A". EMERG CY TELEPHONE NUMBERS,' The ctie~ provfd~ the following persormal names and telephone numbers to contact in casa cf emergency: The cttent eOme~ k3 notify the c~mPany cf any changes to this list. Phone: ,, 2. _ Phcne:,. 3., " _ Phone:. 4. _ Phcne: $ P-J~T~: The rate shall be set by the hour at .?, I '7..cO per hour. PLUS 6% STATE TAX. The rate shall be dcuble time for the seve~. (7) national h,~,days. The seven national holidays are: New Years Day, Easter Sunday, Memodal Day. Ju~ 4lb, Labor Day, Thanksgiving Day, and Christmas Day. ' °~**TERM$: The abeve noted rate shcrl l;a j:~ld wfthln ~ E=¥= cf receipt cf statement. All past due accounts are subject to a 1.5% interest rate PER MONTH. (18% per year). Ii' the client shall be more than 30 days past due, the sa~','lce may be suspended without notice. The client agrees to pay ail collection costs, including attorney's fees, should co,action procedures be required. If we receive a bounced check, your account will be charged $25.00 for the first occurrence. Your account will be charged $35.00 for the second occurrence. After the ~econd occu,mence, we will no longer accept payrr~, nt e~tcept by cash, money order or certified bank check. Statements to be delivered:/[~ Weekly t'1 Every two (2! wee~s ~WARRANTY: The company ~11 make every effort to provide the finest in security services, however, there is NO WARRANTY for burglary, theft, or vandalism to the property. Client egrees to HOLD HARMLESS, now and forev~, the compeny end it's employees from damages caused by any criminal activity. ~IINSUP~,,NCE: ne ~mpam' ~, ~,ue a sta.?rd ce~mcafe ~ ~nce ~ni~ the'~v~e ~;~a~ at the ~u~t of the d~ If ~ ~t ~ ~t the ~mte of l~n~ .names lhe c~ent as an add~! ~s~, ~ ~ ~ ~r that ~~1 ~L ~,CANCELLATION: Due. to the special training and i~ve~ begin a new acc~u'nt, each party agrees that canc~iladon by eit,he~- patty thirty (30) days written notice. ... ~IENTIRE AGREEMENT: This is the ~ntim No other representations are made cr agreed. Sy:.~~ For:. Specialized Guard Da~e: ?/~, 7 lrvices 8 A 2 CARNIVAL OPERATION PETITION CONT .... (7) There are four Street lights in front of the church eight(S) in the back and one (1) in the front of the Soup Kitchen. Power will be ~upplied by a generator from Tolve Presentations, Inc. for their own rides. {8) Plans for garbage, debris and sewerage disposal is as followed. Since our restrooms are permanent installed, we foresee no sewerage problems in this area. The portables will be service every day. The food concession stands 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 place around the grounds. (9) The Specialized Security and Armored Guard Services has been contacted, Gregory D,Renzo signed contract with Father Vilmar Orsolin, C.S. This contract states that there will be Five (5) armed officers and will provide uniformed certified guards for security to our Carnival. Fire extinguishers are available on the property for minor fires. (10) The Carnival shall be held from Wednesday November 26,1997 through Sunday November 30, ,1997. The hours of the Carnival shall be from 6:00P.M.to 11:00P.M. (11) As a legal administrator of Our Lady Of Guadalupe Catholic Church, I hereby give written consent for the Carnival to be held on the Church grounds from November 26,through November 30,1997. STATE OF FLORIDA : ~COUNTY OF COLLIER: WHEREAS, Reverend Joseph Spinelli of St. Elizabeth Beton Catholic , has made application to the Board of County Commissioners of Collier County, Florida, for a permit to conduct a carnival or ~exhibition; and WHEREAS, Reverend Joseph Spinelli of St Elizabeth Beton Catholic ~".Church, has presented to the Board sufficient evidence that all criteria for the issuance of a permit to conduct a carnival or exhibition as set forth in Chapter 10, Article II, Amusements and Entertainments, of the Collier County Code have been satisfied and that such carnival or exhibition will be.. conducted according to lawful requirements and conditions; NOW, THEREFORE, THIS PERMIT IS' HEREBY GRANTED TO Reverend Joseph ?' 'Spinelli of St. Elizabeth Seton Catholic Church: 1) To conduct a carnival or exhibition from November 5 through November 9, in accordance with the terms and. conditions set forth is the Petitioner's application and all related documents, attached hereto ~'. and incorporated herein for the following described property: (See attached Exhibit "A") WITNESS my hand as Chairman of said Board and Seal of said County, attested..b~ the Clerk of Courts in and for said County this day. Ofl~ ~ , 1997. ~C' ' ""- ~-~ ',~,'I' ' ' ' ~'~ :' , "''~C&,'~,u ~, "-~" r--%;me K BOARD OF COUNTY COMMISSIONERS: COLLIER COUNTY, FLORIDA: TIMOTHY ~C~K, Chai~an Appr6v~d~ ~ {~Po~ and Legal' Sufficiency: Assistant County Attorney fZC-97-5 l Block 204 and 205, Golden . Pa · :1:1. cord~i i Count:,, ,log~Ada.°£ the Public Record. 0£ Col~l. PJat Also lot ~, 8lock 201 G . Unit 60 acco _, Olden Gate, PAges 1 a · rdlflg tO plat book .s ~ ,~ ( ~ ~,~t~:~ GOLDEN GATE FIRE CONTROL & R~=$CUE DISTRI~r October 7, Igg? Reverend Joseph A. Spinslli St. Elizabeth Scion Church 2760 52nd Terrace Naples, Florida 34116 Dear Father Spinelli: This letter is to acknowledge receipt o~ your correspondence pertaining to the St. Elizabeth Seton Catholic Church annual festival to be held on November 5, 6, 7, 8 and 9, 1997. This department does not object to your having the festival, however, we must Insist that all fire codes and safety codes be strictly adhered to. In addition, it viii be necessary for all festival facilities to be inspected by a fire department inspector after they are set up and prior to their being opened to the public. Thank you for your cooperation. Sincerely, Fire Chief DRP/pm cc: Collier County Zoning Department St. Elizabeth Seton Church 2760 $2ndTerz S.W. Q Nq:l~ ~ 34116 0 (941) 4~-39~0 {3 Faz: (941) 455-6~95 8 A ~of~~ 41302O Naplc8, FL 34101 St. Elizabeth Scion Parish will b~ conducting tl~ annual Fc~val to ra~: funds for d~: ~ of tl~ C'nurcl~ and our EI~ School in Golden Gate. T~ Pari~ Festival will talin ~ ~ N~ $,6,7, 8 and 9,1997. TI~ hours will be ~y, Nov. 5 from 5'.30 to 10:00 p.m.; ~y, Nov. 6 from 5'.30 to 10.~0 p.m.; Friday, Nov. 7 from 5:30 to 11:00 p.m.; Saltmiay, Nov.8 from 1:00 to 1 !.'00 p.m.; Sunday, Nov. 9 from I:00 to 9:00 p.m. The Golden C~ue F~ ~ Coll~ Coum~s Ambulance service, ~ ~ ~s ~t ~ ~ ~ ~~ ~ ~ ~ ~ of~ F~ '~'~ ~ ~~n~~~m~l~ p.~ ~ ~ ~ ~~ ~ ~ I~ ~t ~ ~ ~ ~ ~ ~ PI~ ~t K-~ for ~ F~ R~v. $o~'I~ Spi~lli,O.S.~ Nuaber o£ £o~d and beverage bo~a /2~ · (/2) rema~e . Peraanent: l~a-- - - - ( a~ c~ and ~e~h~ o~ so,Sd v Describe £,aolll~iea amd ~ethod o~. hand 4 Aa ~-he sPOneor o£ thie eve all ~?od_vendors o£ ~:he st: y.ou_ar_e ~ee~naible Failure ~o c . ~mpora~ ~oo~ ompl7 ma7 auA ec~ ae~lce re P~lic h~l~ reasons 3 ~e boo,ha ~o be cl~ men~a. __ · ~ Mou underseas ~4_ Ye~ ~ d ~ ~O cer~lL~ that to ~he best o~ my Mno~wledge and belie£ ~-he e~atemente con~ained he ~e,_co~ec~, corn le~e rein ~nd on a~y a~a~e 1 o~ Underseas P , a~d made ~zl :o~* * ~o eos~e res ~e .... . agree even~ and ce~lfM ~ha~ said buain -- .~,, - l~ foF compliance wl~h ~e Florida A~lnio~T~AA_~ conauc~ 10~13. ~ve C~e, ~ap~eF Person An charve of boo~h~~ ive Cods, Chapter lOD-13 requires food to come from an approved source Preparation and · All food at utensl! cleanin orage, done In Private homes, g £o= thXe event shall not be L~ca~.lon o£ advanced food preparation.. ~,__-~._., /:' , '~:;:':'~::" event location? He,hod of keeping food hot and or co ~ J'~r'"~~nd~/o_r c._~ol.d at even~ site: He~od of cooking food at ~he location: Food lue~ be PZm~ec~ed fro. dus~, insects, flies, coughs, sneezes. Ho~ will you provAde ~his Probection? DescrAbe ~Ype o~ e~ruc~ure: ~.~_~_~, . . adequate facilities and supplies shall be provided eaployee handwashing. How will Mou provAde ~hie? for X cez~ltM ~hat to ~he beet of n knovle .~-he e~a~eaen~e co _Y dve and belAe~ al nCained herein 1 o~ ~e~. co~ec~, coa-le~e ..~ __~nd_on any a~chmen~s are ' ' r t u,~ maum in 9o~ fa/ch, ae~loe ~o ~e ~ a Anclu~e ~o~ in~en~e~ P lie ~ega~les cha~e ro~ ~e r~. a o~ vhe~eF ~ere la a C~e, ~P~r 10~13. ' w~ cae Florlaa A~tn~s~ra~Ave -... - .,,?.: Florida A~uinistr&tive Code~ Chat food to come f - ...... P er 10D-13 reaui J. mll rOm a~ ap rOVeS __ r ..... PreParation and Utens~P-,___.~°u~ce'. All ~ood storage, -- ~*-anzng EOF ~his event shall not be done in Private homes. L~cation of advanced f.~Preparation= ~ " '' ' ,'~.'.: .. ~ · Her. hod of cooking food at the location= Food must be protected fron dust, insects, flies, coughs, sneezes. How will you p~ovide ' ty'p~ o£ struc~ure~ ~- . ~-hle protectLon? Adequate facilities and supplies shall be employee hendwashin~, u.~...... _ . provided for - "-- --~ you PrOvide Failure to co~ply wl~h applicable ce requirements in accordance wi~hChapter lOD-13, Florida Administrative Code, maM result An enforcemtnt action. Do you understand f-his completely? Yea ~ No X_ cer'cl£M~.hat to the bsa2 o£~knovled · and be ,th~e,.at~men~a contained herein and on a~- ' · ~ .... ~ a.~ maas xn Ood Understand ~hat ~hese regulation, q l~. include food intended for service to ~he public reqardless o~ whether there I. a charge for ~he £ood. X aqree to assume responsibility ~hia ee~abliahAent and ~ cer~if2 that said business will be conducted in compliance with the Florida Administrative Code, Chapter lOD-13. ~ .,~u.u. ~c~ i Irl~A I I= UP UABILITY INSURANCE mmuc~ 'C210) 829-7634 .... S. Kal~ Insurance I ~ ~on~o, ~ 78217 Peggy Schulz ;~ Third Ceneratton. Znc./Tolve Presentations Stev~ Tolve 269 Ortent Yay Lyndhurst, N~ 07071 St. ~ul Surplus Lines Ins. Co ~ h _=== _=_=_' '_. t_~___.lIy ,' A cu~mmm X occm ommrt &~ ~OT LCO5S3061S 01/21/1997 iI1~/mmlnq AUTO ONlY · IA ACCIDENT S OTHER T~Wl AUTO QNLy LOCATION: EVENT DATES: 2760 52NOTERRACE SW, GOLDEN CATE, FL 11-3-97 THROUGH 11-10-97 ST. ELI~E~ S~ ~IC ~UR~ I A~: REV. SPZNELLZ I 27~ S2~ TER~CE ~LD~ ~TE, FL ]3999 .... ~ ~ ~ ~~ I ~_~ 1 Rev. Joseph Splnelll St. Elizabeth Satori Church 276B 52nd Terraoe SW Naples, FL 34116 Dear Rev. Spinelll~ We have received and reviewed the Request for Security for the St. Elizabeth Seton Festival, running from November 1997. The plans are hereby approved by the Collier County Sheriff's Office and adequate security will be provided. Questions and conoerna should be directed to me, or Sgt. Mike Wittenberg, as representatives of Sheriff Don Hunter. Very truly yours, Lt. William C. Sties, Golden Gate Substation Wa/apr crt file CHUR 8"*', A 4 OLD RF:.F'IJ~L.ZC ~URF:I'Y U]'NTER. PARK~ FL :32793-4~')~8 . PF.'E*N [ T CONTINUATION CERTIFIC,/ 11/:t5/1997 11 / t.";/I c~lt Dft riO;IH o COl. l. IEP. CTY 3301 E. TAMIAMI l'R NAPLES. Fl. 33962 ~ RECOVERIES ARE WITHW THE ~ ~ ~UBSEOUENT OR WiTN~i ANy EXTENSION O(q RENEWAL pERKX). ~. pAST ~ ~ SIGNED AND DATED THIS TI4 ! E'rEENTH ~,'T Fr.d"~N COf;,'F"C)l~ T T ON 9200 BONI'T~ DCH RD~, B.E. ~203 P 0 DOX 24013 F**:DNITA *~F'RIN~, FL. 34133-2408 D, qY OF ..~I.N.. Y lo, 9'7 I:)I. i3 lq, E'Pll,~':l. TC qLtP. F;TY 8 A 4 ITEM NO.: DATE RECEIVED: FILE NO.: ROUTED TO: DO NOT WRXTE ABOVE THIS LXN~ Tot Office of the Count~ ~,ttoLsne~, Attentions M. Student Co~nun£ty Development SmrV:~ces Departnen2 Planning & Technical Services Section R.: C- 9 7- 5~ ~+. ~,~ ~ ~w THIS DOCUMENT ~ BEEN REVIEWED FOR TYPING AND 8PE~LING ~OP~ BY (Planner' s initials) BACKGROUND OF REQUEST/PROBLEM= (Are there documents or other information needed to review this matter? If yes, attach and reference this information). This item has/~en previously submitte4. (If previously suq~mitted provide County Attorney's Office file no.) ACTION REQUESTED= ~ OTHER COMMENTS: PLEASE RESPOND IN WRITTEN FORM. SEND RESPONSE TO cc~ Cecilia Martin, Planning Technician APPROVED BY COMMUNITY DEVELOPMENT SERVICES ADMINISTRATOR ITEM NO.: FiLE NO.: ROUTED TO: DATE RECEIVED: DO NOT WRITE ABOVE THIS LINE REQUEST FOR LEGAL SERVICES 'Office of the County Attorney, Attention: M. Student co~n~ty Development Services Departaent Planning & Technical Services Section 'THIS DOCUMENT HAS BEEN REVIEWED FOR TYPING AND SP~LLING ERRORS BY (Planner s initials) B~CKGROUND OF REQUEST/PROBLEM: (Are there documents or other information needed to review this matter? If yes, attach and reference this information). This item has/~een previously submitted. (If previously suq~mitted provide County Attorney's Office file no.) ACTION REQUESTED: OTHER COMMENTS: /~ .. PLEASE RESPOND IN WRITTEN FORM. CO: " I -, I SEND RESPONSE TO Cecilia Martin, Planning Technician APPROVED BX COMMUNITY DEVELOPMENT SERVICES ADMINISTRATOR Permit No. PERMIT FOR CARNIVAL EXHIBITION 8A4,. STATE OF FLORIDA COUNTY OF COLLIER= WHEREAS, Reverend Joseph Spinelli of St. Elizabeth Seton Catholic Church, has made application to the Board of County Con~issioners of Collier County, Florida, for a permit to conduct a carnival or exhibition~ end WHEREAS, Reverend Joseph $pinallt of St. Elizabeth Seton Catholic Church, has presented to the Board sufficient evidence the= all criteria for the Lssuance of s permit to conduct a carnival or exhibition as sat forth in Chapter 10, Article II, Amusements and Entertainments, of the Collier County Code have been satisfied and that such carnival or exhibition will be conducted according to lawful requirements and condittons~ NOW, THEREFORE, THIS PERMIT IS HEREBY GRANTED TO Reverend Joseph Spinelli of St. Elizabeth Seton Catholic Church: 1) To conduct a carnival or exhibition from November $ through November 9, in accordance with the ten~s and conditions set forth is the Petitioner's application and all related documents, attached hereto and incorporated herein for the following described property= (See attached Exhibit 'A') WITNESS my hand as Chai~an of said Board and Seal of said County, attested by the Clerk of Courts in and for said County this day of ., 1997. ATTEST: BOARD O£ COUNTY COMHZS$IONERS= DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA= Approved as to Fo~m and Legal Sufficiency= Har~j~te M. Studen~ Assistant County Attorney TIMOTHY L. HANCOCK, Chairman Date: Oc~:ober 23, 1997 To: From: Ed Perico, Director Building Review & Permitting Sue Barbiretti, Minutes & Records Re: Item ~8A5, BCC meeting date: 10/21/97 Please find attached one original Interlocal Agreement that was approved by the BCC on Tuesday, October 21, 1997. They must be signed by the City of Naples. When the executed copy is returned to you, please forward it to this office for our files. If you have any questions, call me at 774-8406. !' INTERLOCAL AGREEMENT FOR CITY-COUNTY FEMA COORDINATOR Thls Agreement, made and entered into this~ay of ~ , 1997, by and between the CITY OF NAPLES, a municipal corporation, hemlnaffer called "City" and COLLIER COUNTY, a political subdivision of the state of Rorlda, hereinaftar called "County", to provide for the joint coordination and Implementation of the National Rood Insurance Program and Community Rating System within each community. WITNESSETH WHEREAS, the City and County both participate in FEMA's National Flood Insurance Program and the Community Rating System; and WHEREAS, the City and County would both benefit from coordinating their efforts in these programs. NOW, THEREFORE, tn consideration of the mutual covenants contained herein, the parties hereby agree as follows: Them will be one Community Rating System Coordinator ("FEMA Coordinator") for both the City and the County. The City will employ the FEMA Coordinator subject to the funding provisions set forth in paragraph 3. e The responsibilities of the FEMA Coordinator are as follows: a. Plan, implement, and oversee the completion of Community Rating Sy~em activities. The activities to be completed before October 1, 1998, include, but are not Ilmited to the following: Activity 310 -- Elevation Certificates * Maintain and collect Elevation Certificates for all new construction and substantially Improved buildings built in the Special Rood Hazard Area since the community Joined the Community Rating System. Maintain and collect Elevation Certificates for all new construction and substantial Improvements on buildings built in the Special Rood Hazard Area stnce the community joined the National Rood Insurance Program. Input Elevation Certificate data received after October 1, 1997, in computer format and provide this data to FEMA annually. Establish a procedure for more efficient and effective storage and retrieval of Elevation Certificates. Activity 320 ~ Map Information · Provide Information regarding the Flood Insurance Rate Map (FIRM) and flood Insurance purchase requirements to the public. Activity 330 .-- Outreach Projects · Once annually send written Information to all property owners of the City and County covering the following topics; local flood hazard, map of the local flood hazard, flood warning system, flood safety, flood insurance, property protection measures, floodplain development permit requirements, substantial improvement requirements, drainage system maintenance, and the natural and beneficial functions of the local floodplain. This outreach project will also advertise the services provided by the Development Services Division, including providing FIRM Information, canal/ditch dumping regulation, and flood protection assistance. · Provide Information on monthly utility bills from the City and County (one topic/month). · Twice annually send wriffen information to owners of property in the Special Flood Hazard Area located in either the City or County, explaining that the recipient is located in a Special Flood Hazard Area. This outreach project will cover the following topics: local flood hazard, map of the local flood hazard, flood warning system, flood safety, flood insurance, property protection measures, floodplain development permit requirements, substantial improvement requirements, drainage system maintenance, and the natural and beneficial functions of the local floodplain. Services provided by the Development Services Division, lncludlng providing FIRM information, canal/ditch dumping regulation, and flood protection assistance will also be advertised in this publication. · Conduct other outreach projects, such as presentations to professional organizations, school groups, homeowners' associations, etc. Activity 340 -- Hazard Disclosure · Establish hazard disclosure standards for real estate agents to notify those Interested in purchasing properties located in the SFHA about the flood hazard and flood Insurance purchase requirement. Activity 350 -- Flood Protection Library · Ensure that the local libraries contain the following: a copy of the City's and County's current Flood Insurance Rate Map, an up-to- date directory of addresses and telephone numbers of local offices that can provide more information including a reference on the Floodplain Management Resource Center and Instructions on how people can use it, and publications relating to the following topics: flood Insurance, flood protection, floodplain management or flood hazard mitigation, natural beneficial functions of floodplains. Activity 360 -- Flood Protection Assistance · Provide site-specific flood and flood-related data, such as floor elevations, data on historical flooding tn the neighborhood, or similar information so that inquirers can relate the flood threat to their properties. · Provide names of contractors and consultants knowledgeable or experienced in retrotiffing techniques and construction. · Provide material on how to select a qualified contractor and on what recourse people have if they are dlssatlsfled with a contractor's performance. · Make site visits to review flooding, drainage, and sewer problems and provide one-on-one advice to the property owner. · Provide retrofifflng advice and assistance. Activity 420 -- Open Space Preservation · Monitor City and County regulations for vacant floodplain lands open through public ownership, private preserve, or which regulate development so that there will be no new buildings or filling on the land. · Monitor City and County regulations which require that areas preserved as Open Space are maintained in an undeveloped natural state, restored to a natural state, or which protect natural and beneficial floodplain functions. Activity 430 -- Higher Regulatory Standards · Coordinate with City and County Building Officials to ensure. enforcement of the Standard Building Code regulation requiring engineered foundations. Activity 440 -- Flood Data Maintenance · Coordinate annual update and maintenance of digitized parcel data. · Coordinate annual update and maintenance overlay map of FIRM and property map. Activity 450 -- Stormwater Management · Coordinate continued routine Inspection and maintenance of stormwater management system. Activity 510- Floodplain Management Planning · Coordinate the development of a Floodplain Management Plan utilizing the following standard planning process; organize and o prepare the plan, Involve the public, coordinate with other agencies, assess the hazard, assess the problem, set goals. review possible acttvfftes, draft an action plan, adopt the plan, implement the plan, and evaluate and revise annually. Activity 530 --. Retror~lJng · Coordinate the retrofitting of Insurable buildings located in the Special Rood Hazard Area in order to protect them from flood damage. Activity 540 --. Drainage System Maintenance · Coordinate the inspection of drainage systems and removal of debds from the drainage system on a routine basis. · Coordinate the enforcement of the canal/ditch dumping regulation. · Coordinate the maintenance of coastal eroston protection programs. Activity 610 ~ Rood Warning Program · Coordinate the flood warning program Including emergency warning dissemination and maintaining and evaluating critical facilities planning annually. Prepare and maintain Community Rating System activity documents. Provide input to the City and County on policy decisions that affect floodplain management and flood hazard mitigation. The funding under this Agreement is as follows: a. Budgeted Items Projected Amount Salary and Benefits Printing and Mailing Vehicle Computer Equipment Cellular Phone Work area at City of Naples & Collier County Total $40,000 $7,000 $7,000 $2,500 $100 n/a $57,100 bo Any additional expenses must be decided upon through mutual written agreement. All costs and expenses set forth above shall be paid 50% by the City and 50% by the County. The City will pay for all expenses initially and bill the County on a quarterly basis for the County's 50% share. This Interlocal Agreement shall be in effect until December 1, 1998, unless it has been renewed through mutual agreement by both the City Council and the Board of County Commissioners. This Agreement shall be recorded in the Public Records of Collier County, Florida. IN WITNESS WHEREOF, the parties have executed this Agreement effective the date first above written. Attest: CITY OF NAPLES Tara Norman, City Clerk Bill Bamett, Mayor Approved as to form and legality:. Kenneth B. Cuyler, City Attomey Attest: · ' ~p~ C~; Appm~ a~ to m~ and I~al s~enW: Na~leT-David c. We~l~ ZY~?~, County Attorney BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA Timothy L. Hancock, Chairman :~2.':~ To~ C~a~k to the Ioard~ }laale pla~l the £oXXmrXng a~ a~ 4 ~ See Attached HorAce Bore space needed, attach separate 'i', leaxiag be£orat (AX) BCe ! ] BrA [ ! O~mr :: ~est~ he~ ~te, I~ ~ a~ertAs~t a~hg da~ blare hear~g, October 21, i997 ow l~aXXy r~ed t ] [ J o~er ~ ~- ;~ Tox~t (~X~ X~ b~~ i ~ ~ati~ i late)o ~ Memorandum of Understandin~E~S bs ~e~i~ioa Yee ~cl~e a~r~g cos~? ~e~] ~ ~N X~ ~s. ~ ac~ ~ld h ch~ for eo,~. ~_~~ - ~~00 ...... ..... ....... ........... . ....... .......... ~ ~ ...... agar ~Att &ttacJme~tf(X) Notice of hearing ~age='o Office viXX dietz~te c~test [ ) Cmmt3, Jfanager agenda felt~ [ ) leq~leathg DAvition! [ ) OrAginaX to CXerk'a Office ~, XnXtiacAng ~ to approv~ and m~mAt orAgtnaX to ~Aerk'a O~A~o, z~toLuAnq · copy for fall, HO. DRTE ST. TII~ ¥~¥1:~1- TII"E ~ ' iD STI:ITUS ~ 10'-07 2.6:42 ~' 04' 12 9141.~,.~,'~ ,.T74 1e-g8 10: 52. GM' ~2' 91 9'26,34864 OK 3 :3'75 18-G~ 16:a,5 08' 01',~ ~ :3"/G, 18-~ ~3:~ G~ G4'01 94~ C:]K 5 ~::~C~~111 ~.~'? 18-09 15: tB E~'82'~ ~864 OK 3 ,~ 18-19 12:32 8~'84'10 I 941 ,~j iB--101 15:88 ~8~ Ol'a4 .92~ _ :~ OK October 10, 1997 Ms. Judith Flanagan Naples Daily News 1075 Central Avenue Naples, Florida 34102 Re: Notice of Public Hearing Dear Judi: Please advertise the above referenced notice one time on Wednesday, October 15, 1997 and send the Affidavit of Publication, in duplicate, together with charges involved to this office. Sincerely, Sue Barbiretti, Deputy Clerk Encl. Acct. No. 001-010510-649100 PUBLIC NOTICE OF HEARIN(3 At its regularly scheduled public meeting of October 21, 1997, comm~ si 9:00 A.M., at tho Colli~' County Government Center, 3'~ Floor Commi~on Cl~mb~ Administration Building, 3301 Fast Tami~uni Trail, ~ N~ple~, the Board of County Commissioncr~ shall consider for ~pprov~l ~d hear public comment upon the following agenda item ~'ing in the County Attorney's Report ofl~ald 10/21/97 Bom'd Agenda: Board consideration for ~:~proval of a revised draft Memorandum of Understanding-Environmental Impact Statement (EIS) Southwest Florida, between the Army Corps of Engineers, Collier County and Leo County. COLLIX~ COU~, TI~fOTHY L. HAI~C~, CHAI~N~ D~C~f By: Deputy Clerk BOARD O~ C~HTY C~RI$SIOfl~R$ ATTH: WJECY SJJ~GUI PO BOX 41~C)~6 N~°LES FL 341CrIo30~6 REFE~EXCE: 0C~230 M9~O0 S?S7~155 P~J~LIC I~TICE OF I~ State Of County of Cottter ·rfor, the undersigned eu~tty, · * A~otatmt Cofl~ofeta $,crfftefy of the Deity ~, i d~tty ~vq~ pubLtd~d at ~n CoLLier Count~, ~Lof~d~: that th~ attac~KI Afft~nt fur~Jwf ~ that the ~td I~p~e~ ~ to · ne~q~apef pubttd~ed et #aptee, tn #td CoLLier' County, FLoftck~ end thet the Ix~tt~hed tn letd Coltt~f CountT, Ftortcb~ each ~tte~ at the po~t offtce tn lllpLe~, tn ~etd ' CoLLtEf CotmtT, Ftm'?cb, for ·pertod of I year n~t prececltng the firot pubLic.tim of the PUBL~S~O m: 10/15 AO SPACE: el.000 I~CH FXLED Oll: 10/15/97 Signature Of Afftent SuOfll to ~ It~lcribed before le thio .~ day of RESOLUTION NO. 97-400 RESOLUTION APPOINTING MEMBERS TO THE ENVIRONMENTAL ADVISORY BOARD. WHEREAS, Ordinance No. 92-I02, ~ smended, tho Collier County Land Development Code, established the Environmental Advisory Board, and provides fltat the Advisory Board sh~! consist ofseven (7) members; ~d WHEREAS, ther~ arc currently two (2) vacancies on this Board; ~nd WHEREAS, the Board of County Commissioners previously provided public notice soliciting applications from intm'ested pmies; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: 1. William W. Hill is hereby appointed to the Environmental Advisory Board for · four year to'Tm, said term expiring Scptcmber 30, 2001. 2. Brenda Dcjong is hcrcby sppointed to tho Environmcntal Advisory Board for a tour year tcrm, ~d tcrm cxpir/ng Scptcmber 30, 2001;11, This Resolution adopted after motion, second and majority vote. DATED: October 21, 1997 County Attom~ BOARD OF COUNTY COMMISSIO~ COLLIER COUNTY, FLORIDA RF_,SOLtrrION NO. 97-401 A RESOL~ON RATIFYING TI~ APPOINTMENT OF, APPOINTING OR REAPPOINTING OF MEMBERS TO THE DISASTER RECOVERY TASK FORCE. 10B ', ' WHEREAS, Collier County Ordinance No. 93-20, established the Collier County Disaster Recovery Task Force for the purpose of taking reasonable action to guide redevelopment activities during the response and recovery period following major emergencies such u tropical storms and hurricanes in accordanco wi~h objective 13.3 of' the Conservation and Coastal Management Element of the Collier County Growth Management Plan; and WHEREAS, the Disaster Recovery Task Force committee consists of twenty-six (26) individuals that reflect st broad-based r~'In'esentation of community interests, including liaison members sppointed by prlv~te agencies; and WHEREAS, there are curr~tly nine (9) vacancies on this Board; and WHERF. AS, the staff of Collier County has provided the Board of County Commissioners with st list of'names for appointment and ratification; NOW, THEREFORE, BE IT RF. SOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the following members ar~ hereby ratified for appointment, appointed, or reappointed to the Disaster Recovery Task Force: CATEGORY Op ~J'POINTMrENT $ohn Boldt Vince Cautero Ed IOmt Robert Mulhere Ed Perlco Ken Pincou David Russell Marjorie Student Sandra Taylor Water Management Director Community Development & Environmental Services Adminisirator T~on Liaison On'rent Planning Manager B~ldin8 Review & Permitting Department Emergency Management Director Solid Waste Director Assistant County Attome~ Real l~operty Director The terms of appointment ofthe above-listed members shall be for four (4) years, said terms to expire on September 21, 2001. BE IT FURTHER RESOLVED that Ed llshner, Public Works Administrator is hereby appointed to fulfill the remainder ofthe vacant term, said tcrrn to expire on September 21, 2000. This Resolution adopted after motion, second and majority vote. DATED: October 21, 1997 .ATT .u . ,..~bWIGHT:E. B.t~_ CLERK . .'.,"L ** :',, ,.'. '/' ,- : ~! './).,,: ./ · . · .L;,. ! , l, ', ; :. ,'-/ ... : ;,~ ',..'o% / / D~tid C. Welgel /_.) - BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA l '!'~"::~' ~.'~r R'KQUF'ST FOR LKGAL ADVERTISING OF PUBLIC HEARINGS ~ ~:.To. Oe~ to ~e ~on~: Ple~e pln~e the follo~in~ as a:~,~" ~'.~~'~':~'~'~'%: - ' :' ~ ~'~' ~ · _ ,,.,,.,. ,,, .,,,., ............. =_ .... . B~;~a~..~u,~. ~n~ ~n a~n~e~ & vam~d~. SOL ~t ~ D~ SuiFe 3~: I~:~'~ ~IA~ ~I~~an°n ~ P~k, l~c.: 32~ epil~ ~k~: Suife 2~.'Npbl~' ~'3410 ~' :'~ nm ~I0~~ '~., H~TM '-' '~. . :~'~J~~-,~" ~'%~';':"' ~n~ ~n A~ndcm & Va~d~. and Allan E~olds ¢~ Wil~ ~iller. ~on ~ ~K ~hio. ~o~n~ ~on~ ~m 'A" ~I~1 and '~ l~ai to ~" Plan~ Unit ~~ ~ ~ k~,~ ~" F~ Rind fC.~ 8~ 1). imm~ialclv ~uth of lmmokal~ Rind fC~ 846). in ~ion 27. T~shio 48 ~t~ ~n~ ~. mn~stine or 108.4 acid, * ..... -- ........... ~m~nion ~dtion(s), it any & pm~ ~ffng date: '- ' coslr~ ~cs ~ No If Y~ what ~unt should ads:nising 113-138323~9110 ~:d by: Appm~ by: Division Head Date County Manager Date List Attachments: DISTRIB~ITION INSTRUC'TIONS A.For hearings befor~ BCC or B~: Initiating person lo complete one coy and obtain Di~sion lle~d appm~! ~bmltfing to County Mnnnier. Note: If legal d~ument ~ invoh'ed, ~ m~ lhat lay n~e~a~ I~nl for same, is submitted to County Atto~ey befo~ mbml~ln[ (o C~nty Mnnt~n ~e Manager's office will dlst~ute ~ County Mnnnger niendn file: to ~ Requestin~ Di~gon ';~"~ ?~'~ ~e~'s O~ce - I -" :"- -::-':: · ........ * ,., ..... ,~ ******--********************************************* ~'~~ '::*.'~Date~i~:~~:~t~f~bi~~ - L:~. .~" 11111111111111111111111111111111111111111111i1111111111111111111 (8X3) 774-8408 , (83.3) %41 1 September 22, 1997 Ms. Judith Flanagan Naples Daily News 1075 Central Avenue Naples, Florida 34102 " Re: Notice of Public Hearing to Consider Petition PUD-97-11 Dear Judi: Please advertise the above referenced notice one time on Sunday, September 28, 1997, and kindly send the Affidavit of Publication, in duplicate, together with charges involved to this office. Thank you. Sincerely, Ellie Hoffman, Deputy Clerk Purchase Order No. 704259 1 SeDtember 22, 1997 Mr. George Varnadoe, Esquire · Young, van Assendesgp & Varnadoe I'~."~' ~801 Laurel Oak Drive, Suite 300 Naples, Fh 34101 Re: Public Hearing to Consider Petition PUD-97-11 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, October 14, 1997, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday,..September 28, 1997. You are invited to attend this public hearing. Sincerely, E11ie Hoffman, Deputy Clerk Enclosure 1 September 22, 1997 Mr. Alan Reynolds Wilson, Miller, Barton & Peek, Inc. 3200 Bailey Lane, Suite 200 Naples, FL 34105 Re: Public Hearing to Consider Petition PUD-97-11 Dear Petitioner: Please be advised that the above referenced petition will be consideredby the Board of County Commissioners on Tuesday, October 14, 1997, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, September 28, 1997. You are invited to attend this public hearing. Sincerely, Sllie Hoffman, Deputy Clerk Enclosure September 22, 1997 Barton Collier Partnership 2640 Golden Gate Parkway Naples, FL 34105 Re: Public Hearing to Consider Petition PUD-97-11 Dear Petitioner= Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, October 14, 1997, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, September 28, 1997. You are invited to attend this public hearing. Sincerely, E11ie Hoffman, Deputy Clerk Enclosure NOTICE OF INTENT TO CONSIDER ORDINANCE Notice is hereby given that on TUESDAYr OCTOBER 14~ 1997~ in the Boardroom, 3rd Floor, Administration Building,"Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida, the Board of County Commissioners will consider the enactment of a County Ordinance. The meeting will commence at 9:00 A.M. The title of the proposed Ordinance is as follows: AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATEDAREAOF COLLIER COUNTY, FLORIDA, BY AMENDING THE OFFICIAL ZONING ATLAS MAP NUMBER 8527N BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM "A' RURAL AGRICULTURAL AND "I" INDUSTRIAL TO "PUD" PLANNED UNIT DEVELOPMENT KNOWN AS CREEKSIDE COMMERCE PARK, FOR INDUSTRIAL, BUSINESS AND MEDICAL RELATED USES FOR PROPERTY LOCATED ON THE EAST ANDWEST SIDES OF GOODLETTE FRANK ROAD (C.R. 851), IMMEDIATELY SOUTH OF IMMOKALEE ROAD (C.R. 846), IN SECTION 27, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 108.4 ACRES; AND BY PROVIDING AN EFFECTIVE DATE. Petition PUD-97-11, George L. Varnadoe, Esquire, of Young, van Assenderp & Varnadoe, and Alan Reynolds of Wilson, Miller, Barton & Peek, Inc., representing Barron Collier Partnership, requesting a rezone of property. Copies of the proposed Ordinance are on file with the Clerk to the Board and are available for inspection. All interested parties are invited to attend and be heard. Any person who decides to appeal a decision of the 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 based. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA TIMOTHY L. HANCOCK, CHAIRMAN DWIGHT E. BROCK, CLERK /s/E11ie Hoffman, Deputy Clerk (SEAL) !~illlillllllllll. lliillillillillllllilillliilllillilllllllllili I.ili. illllilli, illlllllllllllllllllllli, iilii ililllllllllli~ rz= z~: (82.2) ~'Hot 774-84O8 ,8~06 T~mm m~m 12[ 1 September 30, 1997 Ms. Judith Flanagan Naples Daily News 1075 Central Avenue Naples, Florida 34102 Re: Notice of Public Hearing to Consider Petition PUD-97-11 Dear Judi: Please advertise the above referenced notice one time on Sunday, October 5, 1997, and kindly send the Affidavit of Publication, in duplicate, together with charges involved to this office. Thank you. Sincerely, E11ie Hoffman, Deputy Clerk Purchase Order No. 704259 NOTICE OF INTENT TOCONSIDER ORDINANCE Notice is hereby given that on TUESDAYr .O?TOBER 21f 1997f in the Boardroom, 3rd Floor, Administ~ation Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida, the Board of County Commissioners will consider the enactment of a County Ordinance. The meeting will commence at 9:00 A.M. The title of the proposed Ordinance is as follows: AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102, THE COLLIER COUNTY LA~ DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE OFFICIAL ZONING ATLAS MAP NUMBER 8527N BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM "A" RURAL AGRICULTURAL AND "I" INDUSTRIAL TO "PUD' PLANNED UNIT DEVELOPMENT KNOWN AS CREEKSIDE COMMERCE PARK, FOR INDUSTRIAL, BUSINESS AND MEDICAL RELATED USES FOR PROPERTY LOCATED ON THE EAST AND WEST SIDES OF GOODLETTE FRANK ROAD (C.R. 851), IMMEDIATELY SOUTH OF IMMOKALEE ROAD (C.R. 846), IN SECTION 27, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 108.4 ACRES; AND BY PROVIDING AN EFFECTIVE DATE. Petition PUD-97-11, George L. Varnadoe, Esquire, of Young, van Assenderp & Varnadoe, and Alan Reynolds of Wilson, Miller, Barton & Peek, Inc., representing Barron Collier Partnership, requesting a rezone of property. Copies of the proposed Ordinance are on file with the Clerk to the Board and are available for inspection. All interested parties are invited to attend and be heard. Any person who decides to appeal a decision of the 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 based. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA TIMOTHY L. HANCOCK, CHAIRMAN DWIGHT E. BROCK, CLERK /s/Ellie Hoffman, Deputy Clerk (SEAL) 1 Date: October 1, 1997 To: D. Wayne Arnold, Director Planning Services Department From: Ellie Hoffman, Deputy Clerk Minutes & Records Department Re: Advertising for Petitions PUD-97-9 and PUD-97-11 · ..Enclosed please find the fax sheets and letters, requesting that the above-referenced petitions be advertised on Sun~ay, September 28, 1997, for public hearings on October 14, 1997. The Naples Daily News received these requests within the required time frame for advertising, however, they were inadvertently omitted from the paper on the 28th. If you should have any questions, please contact me at: 774-8406. Thank you. Enclosures September 30, 1997 Mr. George Varnadoe, Esquire Young, van Assender9 & Varnadoe 801 Laurel Oak Drive, Suite 300 Naples, FL 34101 Re= Public Hearing to Consider Petition PUD-97-11 Dear Petitioner= Please be advised that the above referenced~etition will be considered by the Board of County Commissioners on Tuesday, October 21, 1997, as indicated on the enclosed notice. The legal notice pertaining to this ~etition will be published the Naples Daily News on Sunday, October 5, 1997. You are invited to attend this public hearing. Sincerely, Ellie Hoffman, Deputy Clerk Enclosure September 30, 1997 Mr. Alan Reynolds Wilson, Miller, Barton & Peek, 3200 Bailey Lane, Suite 200 Naples, FL 34105 ThC. Re: Public Hearing to Consider Petition PUD-97-11 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, October 21, 1997, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, October 5, 1997. You are invited to attend this public hearing. Sincerely, Ellie Hoffman, Deputy Clerk 12B September 30, 1997 Barton Collier Partnership 2640 Golden Gate Parkway Naples, FL 34105 Re: Public Hearing to Consider Petition PUD-97-11 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board o~ County Commissioners on Tuesday, October 21, 1997, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, October 5, 1997. You are invited to attend this public hearing. Sincerely, E11ie Hoffman, Deputy Clerk Enclosure " ~" ' ~" ORDINANCE NO. 97- ,AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102 THE. COLLIER COUNTY,LAND. DEVELOPMENT CODE WHICH INCLUDES :THE ..COMPREHENSIVE ZONING ,REGULATIONS FOR -. THE' UNINCORPORATED 'AREA 'OF COLLIER'.COUNTY,"' FLORIDA BY AMENDING THE OFFICIAL' ZONING .ATLAS MAP NUMBER" _8527N; ;.BY.,CHANGING .THE ZONING .CLASSIFICATION OF ..THE .HEREIN,DESCRI, BED&REAL:~PROPERTy~FROM':.~A".:~RURAL · UNIT ~DEVE~&~PMEHT~KNowN ;A§~ CREEKSIDE :COMMERCE J PARK, FOR~ ~NDUST~IA~L~,US~ZNE~S~;~.ND ~ MEOICA~: ~S~O ~USES, ?' "' ~R'~;Pkd~ ~LO~TE~ aON '~fHE' ~ST; ~D~'WEST;.;SIDES ,OF .,:;?. ..... ,?'- De; Esquire; of' adoe, .and Alan Reynolds of Wilson, Hiller, Barton ~resentin~ B~rron Collier. ~artnershtp, petitioned ~the Board of. County Comissioners to change ~e zoning. .:t~,-~._ .classificattbh':of ~the herein described real property; NoW'"'THERE~RE Bg IT 'ORDAINED by the B0a~d of County Co~issioners of Collier County, Florida: SECTION ONE: The zoning classification of the herein described real property located in Section 27, Township 48 South, Range 25 East, Collier County, Florida, is changed from 'A" Rural Agricultural and "I" Industrial to "PUD" Planned Unit Development in accordance with the Creekside Commerce Park PUD Document, attached hereto as Exhibit "A" and incorporated by reference herein. The Official Zoning Atlas Map Number 8527N, as described in Ordinance Number 91-102, the Collier County Land Development Code, is hereby amended accordingly. SECTION TWO: This Ordinance shall become effective upon filing with the of State. PASSED AND DULY ADOPTED by t:he Board of Cpunt:y Commissioners ,.°f Collier Count:y, Flortdl, thts-~ day of,, , ', ... 1997 ........... . '-.,*-:,, ~ ~ -** .... -.* - -~..- ..... .-*-~. ~.~ .~.~-,- , - ~r~,*~.. ~. ...... "~'~ ':BO~D OF CO~TY CO~iSSlONERS Cm~~m~ COMMERCE A PLANNED UNIT DEVELOPMENT PREP~ FOR BARRON COLLIER PARTNERSHIP Sl~mEa, 1997 CREEKSlDE COMMERCE PARK A PLANNED UNIT DEVELOPMENT I0~ Acres Local! in Section 27 Township 48 South, Range 27 East ColHer County, Floflch PREPARED FOR: BARRON COLLIt~ PARTNERSHIP 2640 Golden Oate Padcway Naples, FL 34105 PREPARED BY: WILSON, ~ BARTON & PEEK, INC. 32O0 Bailey Lane, State 20O Nnples. Florida 341 O5 ¥OLrNO, VAN ASS~rOS~, & VAr~N~ ~,.~ Nsples, Florida ~4~01 DATE FILED __._ DATE APPROVED BY CCPC .. DATE APPROVED BY BCC ORDINANCENUMBER 12B 1 *e/*/97 e/ce/97 12B I TABLE OF CONTENTS STA~ OF COMPLIANCE AND SHORT TITLE S~"TION I LEG~ DESCRIPTION, PROPERTY OWNERSIflP, & GENERAL DESCRIPTION SECTION Il COMMERCE PARK DEVELOPMENT 2.1 2.2 2.3 2.4 2,5 2.6 2.7 2.8 2.9 2.10 2.11 2.12 2.13 2.14 2.15 2.16 2.17 2.18 2,19 2.2O 2.21 General Description Of'I'he Park and Proposed Land Uses Compliance With County Ordinances Community Dewlopment District Land Uses Lake Sking Fill Stora~ Use Of Rift-Of-Way Sales Office and Construction Office Changes and Amendments To PUD Document Or PUD Masm' Plan Preliminary Subdivision Plat Phasing Open Space and Native Vegetation Retention Requirements Surface Water Management Utilities Design Guidelines and Standards Landscape Buff`ers, Berms, Fences and Walls Signage General Permitted Uses SECTION [] INDUS'rRIAI7 COMMERCE DISTRICT SECTION IV BUSINESS DISTRICT SECTION V PRESERVE AREA EXHIBIT A AERIAL PHOTOGRAPH, LOCATION MAP (WMB&P File No. RZ-255A) EXHIB1T B CREEKSIDE COMMERCE PARK MASTER PLAN (WMB&P FileNo. RZ-255B) ii I-I 2-1 3-1 4--I $-I STATEMENT OF COMPLIANCE The'purpose of this section is to ~ the intent of the Ban'on Collier Partnership, ~ r,d'ert~! to as Barren Collier or ~ De~loper, to create a Planned Unit Devel~ (PUD) on 108~ acr~ of land located in Section 27, Township 48 Sou~ Ran~ 25 East, Collier Com~, devd~ of Cr~ksicle Commerce Park will be in substantial compliatx~ with tl~ planning .goals and objectiws of Colli= County ns set for& in the Omwth Managem~ Plan. The de~lotanmt will be eongstmt with th~ policies md lard devdopment-t~g-~ adopled itzreunder of the Growth I~ Plan Future Land Use Element and o~her npplicable regulations for the followina reasons: de The subject property is within the Urban Mixed Use District as identifi~ on the Futur~ Land Use ~ which allows certain inchtstrial and commercial uses. The Urban desitp~ion also allow~ support medical facilities, offices, cffn~cs, treatment, r~earch and rehabilitative centers and pharmacies provided they are located wRhin 1/4 mile of the property boundary of an existin~ or approv~ hospital or medical center. The existing Industrinl zoning is considered consist~ with the Future lamd Use Element (FLUE) ns provided for by Policy 5.9 nnd 5.10 of the FLUE. The FLUE Urban-Industrial District allows for ~on of the industrial land use provided the rezone is in the form of a PUD, the site is adjacent to existing land designated or zoned induslzial the land use is compaq'hie with adjacent hnd uses and the necessa-y ~ is provided or in place. Creek.side Commerce Park has explmded the industrial land use accordingly. ~dc Commerce Park is compatible with and complementary to existing and futur~ surrounding land uses as requital in Policy 5.4 of the FLUE. Improvements nm plam~l to be in substantial compliance with applicable land development t~,ulations ns set forth in Objective 3 ofthe FLUE, The development of Cr~ekside Commerce Park will r~sult in an effident and eeonomi~ ex'tension of community facilities and services as requ/n~ in Policies 3. I.H and L of the ~ -v. es~o~.nM fl SHORT TITLE This ordimm~ shall b~ Imown s~t cited ~s ~ "CREEKSIDE CO--CE PAI~ PLANN]~ UNIT DEVELOP~ ORDINAN~". ~ SECTION I LEGAL DESCRIFFION, PROPERTY OWNERSHIP, AND GENERAL DESCRIFFION 1.3 PURPOSE dcvcZol~L 1.4 LEGAL DESCRIPTION Ail ~at p~ of $octl~ 27, Township 48 So.h, Rsn~ ~~ ~ n fo~; ~~~O ~ ~ ~ ~ of~d ~ · ~ a~ b ~ lb of~ ~ ~ ~ ~45'21' · ~ ~g ~ I~ ~ ~14'3~ W~ 1~.~ ~~ ~ ~ ~ ~ ~e ~ OF B~~O I) ~ ~45'21~ ~ 415.~ f~ 2) ~ ~14'39~ W~ 10.~ f~ 3) ~ ~45'21" ~ I~0.19 ~ 4) ~ ~4~'33~ ~ 716.11 ~ ~ N~ 0~'33" W~ 10.0S f~ .... ~ ~ ~ ~e ~ 0~3'~ ~ 17~.~ ~ ~ ~d b ~ ~0'53~ W~ SI.Il · ~ N~ ~°S5'~3'Wm 13.~ ~ ?~ ~ n~, 30.71 ~ ~ ~ ~ ora ~ ~ 10.~ f~ ~ a ~ mslo ~21e~~ ~ i~55'5~ W~ 30~3 ~ · ~ N~ 05~'53" W~ 31~ ~ ~N~ ~'3~ W~35.11 ~ · ~N~ ~9'I~ W~ 32.~ ~ ~ N~ [~9'12" W~ ~.~ ~ · ~ N~ ~'~ W~ 45.~ f~ · ~ N~ ~49'4~ W~ 132.~ ~ ~a~~.~ ~~a~~of3~0'l~~~~a~~ ~ ~ 1~.~ ~ ~ a ~ ~ of2~12'5~ ~ ~ ~~ a~ ~ ~ thenc~ w~sm'ly and ~, 46.18 fe~t alon~ the sr~ of a ch~:ular cutv~ concr~ ~o ~e mutheast, hav~n~ a radius of g0.00 feet, ~n'ough a eemral angle of'33004' 14" and I~ subtended by n chord which bern South t2'35'1 !" We~t 45.54 ~ to a point of compound ~m~:o ~ md w~terly, 3~.16 feet along the arc ora cbcular curw concr~ to t~ n~t~hwes~ hsvtng · radon of 60.00 feet, ~ a central angle of 36'26' 19" and being sul~mded by a bern Somh M*16'14" West 37.52 feet to a point of compound curvatm~ thence ~ and nortlrsmm~, 6~.15 having a ~ of 30~.00 feet, ~rough a mm'al angle of 12'$$'~9" md bani subtn~d by a which bern North t3~5l'36''' Wmt 61.70 thence Somh g9~33'2~ West 1l~36 feet; thence South 89°39'19'' West 71.63 feet; ~ North t9°34'S6'' West 36,03 fe~, , ~ence South 86°06'41" West 42.94 feet; ~tce Somh 83'44'16" West 26.23 feet; , ~henco South SIO01'I3'' West 27.49 thence South 33~25'50'' West 19.95 feet; ~hence South 15040'05" West 20.54 foet; ~m~ce South 10'M'39" West 34.64 feet; thence S~th 89°20'14'' West 101.06 feet; thence Nc~th 10046'06'' East 101.42 feet; ~hence Norfh 89020'53'' East 65.45 feet; thence North 00'39'07" West 100.64 feet;: ~henee Somh 89020'53'' West 503.7~ feet; tbence Noflh 00039'07'' West 27.71 feet; thence North 7'2°$8'$5'' We~t 131.30 feet: thence Noflh 02e08'$6'' West 1473.29 feet m n point on the south right ofway line of saki lmmokalee Road (S.R. 846) and the POINT OF BEOINN~O of the lxu'cel herein described; Containing 69.48 acres mom ot less; Subject to easements smd ~ ofrecoed. Bearings ate asmned and based on the north line of said Section 27 being South 19°49'40" East. All ~hat ~ of Section 27, Townshtp 48 South, Range 25 East, Collier ~mnty, Florida being more pm4culn-ly desc~ed as fol~ ~henc~ along the east Hne of said Sectkm 27, Sonth 01°09'43" East 125.00 feet to a potnt ~ the south r~ght of way l/n~ of lrnmolml~ RoM (S.R. 846) and ~e POINT OF BEGINNINO of'the I~rcel herein thence continue along said east line South 01009'43'' East 1189.62 feet; thence leaving said line sumb 89048'50.' W~st 677.35 feet; · thence South 05~35'39'' Enst 886.02 f'eet~ thence South 89048'50'' West 400.00 fe~t to a point on the easterly right ofwty line of(3oodle~ Frank Rosd as ~ in Plat Book thenc~ along said Ibm North 05~$'39" West 2088.10 feet to a point of~ south r~ght of'w~y line of satd Ihenc~ along saki line Somh 89o49'40" East 1168.55 feet; ~ conttm~ along said llne ~ g9°12'$~'' East 1.85 feet to tho POINT OF BEGINNINO ortho Containing 38.9 acres more ~ leas; Subject m easements and ~ of record. Bearings are assumed sad based ma the north line or'said Section 27 being South 89'46'26' East. 1.3 IA 12[ 1 PROPERTY OWNERSHIP TI~ subjcc~ ~ is currently unde~ the equiublc ~wne~hip or co~t~! of ~ OF its lusism, wh(m sidress Js 2640 Ooldcn GKNERAL DF, SCRIF~ON OF PROPERTY the s~t~ is shown on ExMbit A Aerisl Pho~ogr~ Lo~ I~ (Ind~ and A (Agric-ulttual). Elevations w~in the site nm ~y 7.5 to 9 f~m-NGVD. Per FEMA F'mn ~ Panels No. 1200670193D, dated June 3, I~6, tt~ Cn~dcside Commn~ Paik property is located within Zones "AE-II" of the FEMA flood hsmmce rste. Topographlc mapping is shown on Exlu'bit O. Do The soil types on the s/te genentlly include Rivient limestone ndmmm~ Copeland Soil ~on Service mappi~ of soil types is showa tm Exl~'bit D. consists primm'ly of Brszillnn pepper that sun'omds n small willow nren. The wettnnd on the enst side of Goodlette-Frnnk Road consists primn~y of cabbage palms. A portion of tl~ historic wnm, com, se within ~ wetlnnd hns been chanmliz~ Brazilhn~l~infestedthen<mhempnrtofthiswetlnnd. A detailed vegetation mnpp~ is shovm on Exhibit C. (July, 1995). The Conceptual Stormwater Management Ma.q~ Plan is shown on Extu~t H. I-;3 I.S DEVELOPMENT Ol~ REGIONAL IMPACT 12B 1 below ~0% ofall num~'ic~l ~ m me gu~-mxa ~ ~.~,~,-- I-4 12B 1 LI SECTION II PR~ DEVELOPMtlNT PURPOSE The ptrtx~ of this Section is to generally describe the plan of development for Creekside Commerce Park (park), and to identify relationships ~o applicable County ordinances, GENERAL DESCRIFrlON OF THE PARK AND PROPOSED LAND USF_~ A. Cree~de Commerce Park will consisis of predomtm~ly light induslrial, warehouse, wholesale, distribution, financial institutions, business and office uses, with limited amounts of retail uses. Crceksido Comm~ Park shall establish project-wide guidelines and mndards to ensur~ a high and co~ lewl of qualiiy for proposed features and facilities. B. The Mas~ Plan is illustraled graphically on Extn'blt B (WMB&P, Inc. File No. RZ-225B). A Land Use Summary indicating approxima~ land use acreages is shown on the plan. The location, si~ and configuration of individual tracis shall be detmmined at the time of Pmliminary Subdivision Plat approval with minor adjustments at the time of Final Phi approval, in szcordance with Section 32.7.2. of the Colli~r County laud Development Code (LDC). COMP!.I~d'tCE WITH COUNTY ORDINANCES Unless otherwise defin~ heroin, or as necessarily implied by context, thc definilions of all ~ms shall be the same as the definifiom set forth in the LDC in effect at th~ time ofde~lopment order application. Developme~ permit~ by the al~Xoval of ~his PUD will bo ~bject io hge Adequa~ Public F~ilitie~ Otdimn~ Division 3.15 of tho LDC. 2-1 2.4 12B 1 The Site Development Plans Division of the LDC (Article 3, Division 3.3) shall apply to Creekside Commerce Park, except whe~ an exemption is set forth herein or othcn~se granted pursuant to LDC Section 3.3.4. '. COMMUNFFY DEVELOP~ DISTRILT The Dcveloper may elect to establish a Comm~W Dcvelopment District (CT)D) pursuant to Chaptcr 190, ~~a, 1997, to provide and maintain ~ and community facilities needed to save the park. A CDD would constitute a timely, efficient, effective, responsive and econotnic way to ensure the provision of facilities and in~a.suucuz~ for the proposed development. Such infrast~ as may be cousuucted, rmmaged and Financed by the CDD sludl be subject to, and shall not be inco~t with, the Collier County C_aowth ~t Plan and all applicable ordinances dealing with plarming md permitting of Creeksicle Commerce Park. The land area is amenable to infi'as~ctm'c provision by a district that has the powers set forth in the charter of a Community Development District under Section 190.006 through 190.041, ~ Such a district is a legitimate alternative available both to the County and to the landowner for the timely and sustained provision of quality infras~cture under the terms and conditions of County development approval. LAND USES As The location of land uses are shown on the PUD Master Plan, Exhibit B. Changes and variations in building tracts, location and acreage of these uses shall be permitted at preliminary subdivision plat approval, preliminary site development plan approval and firml site development plan approval to accommodate utilities, topography, vegetation, and other site and market conditions, subject to the provisions of Section 2.7.3.5. ofthe Collier County LDC. The specific location and size of individual tracts and the assignment of square footage or units shall be determined at the time of site development plan approval. B. Roads and other {nfrastmctu~ may be either public, private or a combination of public and private, depending on location, design and ~. The request for a mad to be public shall be made by the Develo~ at the time of final subdivision plat approval. The Dcvelop~ or its assignees shall be t~4xmsible for maintaining the systems ere not dcdicated to the County. Standards for roads shall be in compliance with the applicable provisions of the County Code regulating subdivisions, unless otherwise approval during subdivision approval. The IX'veloper r~e:ves the right to request subs~tutions to Code design standards in accordance with Section 3~..7~2. of the LDC. ~ .w~t.~M 2-2 12B 1 2.6 LAKE strING of tl~ Mas~ Plan is to nchiew and ~ ~ charne~ mr tn~ ps~ ~ m~t ~ Fill ~ ~ 1~ h p~ ~ ~ ~ ~ . ~~ ~ ~1~ Ol ~ ~, ~ flu ~ ~ ~ ~ off~. _ ~a ~~ ~n ~ S~on 3.5.7. of~e ~ Setbacks: Excavations shall be located so that the control elevation shall adhere to the following minimmn seibnck requirements, subject to approval of County staff'at time of final construction plan approval: Twenty feet (20') fxom right-of-way of' internal roads. The roads will be desilp~ed to (AASHTO) mad standards and shah incorporate such factors as road aligxtment, m~'el ~ bank Forty fcei 00') fi. om lmmoknlee Road or Ooodlette-Frank Road rights-of-way. Perimeter ~ lines will hav~ a setback of twe~ feet (20').. The roads will be desil~ed to (AASHTO) road travel speed, bank slope, road cross sections snd need for barrlen. 2,7 Stockpile maximum beight: ThC-five feet 05') Fill storage areas in excess of five fi:et(Y)in ~ shall bo ~ from bnrriers iftbe side slope of tho slocktgd~ is stceperflmn4 to ! 0.e. 3 to 1). 2-:t 12B 1 Soil croton oontrol ~ugl be provided ~ m:~o~ wi~ LDC Division 3.?. . 1,10 USF. OF ~ OFIrlCg A~) CO~UC'~ON OFFIC~ ' 3 6. md Division 33 ot me ~t~ ~- ~ ,.,-,~- . 2.6.33.4, Bec:eon 3.2.6 · ~ - ..- , .....,.~ -.-.~ ~..~,,m,, of~me ..... ,--, ,'--- --- --use ,,.~c tnnts or hotd~ t.nks fa' ? C[IAN~ AND AMEND~ TO PUD I)OCIFM~NT OR PUD MASTER PLAN Be Plan as ~ in ~ion 2.73-~. of the LI)C- IV?~ chengnn and. t',:fm~ ma. d~,ca'bo:l ~ ...ay b~ mmd~ by tl~ I~loIx~ in o:,.nm:~ion with Park Plzn~' '~ wrlt~en requ~ of th~ Developer ~' his ~gnee. The followi~ ILmitadons sludl apply to stroh ~lmSts: e The mlnot cllallge ot tefillcme~lt shall llOt ~ It ~glbstant~ chailge ~ to ~tion 2.7.3.5.1. oft]~ LDC. 2-4 12B 1 The minor changz or r~nem~nt shall be compatible with external ~l]acent land uses ~ shall not ~ deizimental impacts to abutgn~ land uses, Do The followir~ shall be deemed minor changes or r~fmements: Reconfiguration of lakes, ponds, canals, or other water management facilities wher~ such changes a~ consistent with tho criteria of the South 2. htaml rcaligmncat of rights-of-ways. 3. Reconfiguration of parcels per Section $.$ ofthis PUD. compliance with all applicablo County Ordinances and v~,ulatlons prior to th~ Community Dcvel~t and Environmental Services Adw;nlstrator's condderafion for approval. Approval by the Community Developm~t and En,Aronmental Services Administrator of a minor change or r~aem~t may occt~ independently from and prior to any application for Subdivision or Site D~vdopment Plan approval, however such approval shall not constitute an authorization for development or implementation of the minor change or refinement without first obtaining all other 2.11 2.12 Pi~'J.IMIN~Y SUBDIVISION PLAT PHAS~G Submission, review, and approval of Preliminary Subdivision Plats for the park may be accomplished in phases to correspond with the planned development of thc property. OPEN SPACE AND NATIVE VEGETATION RETENTION REQUIREMENTS The PUD will fully comply with all sections of tho LDC and meet the ~ents of the Growth Management Plan relating to open space and retention of nativ~ v~getation- 2.13 SURFACE WATER MANAGEMENT A. In accordmce with the Rules of th~ South Florida Water Management District (SFWMD), Chapters 40E-4 and 4-E-40, this project shall b~ designed for a storm event of 3-day duration and 2.S-year return frequency, ~ .w~cn.~ 2-5 2.14 1,1S 2.16 2.17 12B 1 All necessary easements, dedications, or other inslnunents, shall be granted to inswe the continued operation and maintenance of all service utililies in compliance with applicable regulations in effect at the time approvals ar~ re st . TRANSPORTATION The Developer ~ provide appropriate left and/or right tam la,es on Immokalee Road and GoodletIe-Frank Road at the main park enlranc~ Such turn lanes s~all be in place prior to the issuance of any Certificates of Occupancy for a use that utilizes the pcrspcctive/associatcd entrancc. There shall be a full access intersection at the park's northerly entrance on Goodlctte Frank Road. When justified by u-affic v,-a~a,-,ia, this intersection ~ be signalized, notwitl~andi~ its proximity to Tmmokale~ Road. Futwe access points to Tin.kalco ~ Ooodlette-Frank Roads not shown on the Creekside Commerce Park Mas~ Plan may be applied for, analy-a:d and approval by the Comm~llity De~lopm~-llt ~ ~llvil'ollm~ld ,~l'vi~ Administrator at the time of devdopment approval. Arterial level str~-t li~n~ shall be provided by th~ Dewloper ai the park's main entrauce in conjunction with the development of~is entrance. Road impact fees shall be paid in accordance with the provisions of Ordinance 92- 22, as amended. COMMON AREA MAINTENANCE Most common a~a maintemmoe will be provided by tl~ CDD or by a Property Owner's Association (POA). The CDD or the POA, as al~licable, s}mll be r~xmm'ble for opera, on, maintenance, and numagement of the surface water and stormwater management systems and ~erves serving ~de Commerce Park, in accordance with any applicable 2-6 2.18 DESIGN GUIDELINES AND STANDARDS The Collier County Planned Unit Development District is intended to encourage ingenuity, innovation and imagination in the planning, design and devel6pment, or redevelopment of relatively large tracts of land under unified ownership as set forth in the LDC, Section 2.2.20. Creekside Commerce Park is planned as a functionally, interrelated business park under unified control. The Developer will establish community.wide guidelines and standards to ensure a high level of quality for both the common areas and the individual parcel developments. These guidelines will serve as a control for individual parcel development, and be referred to as The Declaration of Coveuan~ Conditions and Restrictions for Creekside Commerce Park. The level of quality defined in this document is directed towards the creation of an attractive business environment, and thes~ stan~ are the basis for evaluation of projects submitted for review to the Property Association's Architectural and Landscaping Committee, refined to as the ALC. The standards in this document will include criteria for site planning, architectural design, lighting, landscaping, and graphics and signage. The specific design guidelines will act es supplemen~ standards to the requirements of this Planned Unit Devclopment Ordinance, and other County codes, but in no way supersede them. 1. Common Areas Thc master design of the park's entries and slgnage, streetsca~ and open space areas will form a harmonious framework that visually links the entire park together. This unified appearance will enhance the image of the entire community. Internal roadways will provide efficient vehicular circulation with streclscapes that create pleasant neighborhood environments. Streetscape plans will be designed to establish a hierarchy of landscape improvements appropriate in scale and character with the function of the street and adjacent land uses. Along these streetscapes a pedestrian walkway system will be established to llnk each project with the overall community. 2. Individual Projects Site Planning: Each individual parcel project will provide a visually appealing, articulated, identifiable path of entry for pcdcstrians and vehiclcs from the street to the site ami from the ske to the buildings themselves. The orientation of a building or structure upon a will not only reflect the project's functional need, 2-7 12B 1 b) c) but will also be responsive to the individual parcel's characteristics and be sensitive to adjacent land uses and the surrounding community. Architectural standards: The objective of the architectu;al standards will be to promote the creation of an attractive, value- apparent business environment Design elements throughout a project must be consistent with the nattne of the chosen style and building materials selected. Project design should endeavor to adhere to the classical principles of design and avoid clichds, overly complex or garish motifs, while seeking to invoke a "timeless" quality. Lighting: The guidelines for lighting will establish a continuity of design for all lighting in the park which is consistent with the overall visual impression of the park. Landscaping: The purpose of landscape design guidelines within individual projects is to guide development toward harmonious and visually pleasing landscape that is cohesive with the overall master landscape plan. The Creekside landscape concept will have a naturalistic theme. Similar to the overall project's plant palette, individual sites will be dominated with plants that arc native., xeric, or naturalized within $outhwcst Florida. Landscape designs will create a coherent theme which emphasizes plant material as a primary unifying element. O) Landscape elements along public R's.O,W. will be complimentary to m'eetsca~ landscaping. Parcel entries will be designed to harmonlz~ with adjacent streetseape landscaping, and clearly accen~tc, the parcel entry. Individual parking lots will be screened from the roadways as much as possible, without obscuring views ofthe building entrances. In addition, plant materials used around main entrances of buildings will visually cue visitors to their location. Ca'aphics/signagc: The guidelines serve to provide continuity of design for all signage in the park which is consistent with overall visual impression of the park. Parcel signage serves the identification needs of the individual tenants and user. 2.19 LANDSCAPE BUFFERS, BERMS, FENCF~ AND WALLS ~-v..~,.~oL'n~ 2-8 128 1 ~ buffers contiguous to Immokalee Road R.O.W. will be installed at the time of subdivision improvement pet' constn~on phase and will hav~ the following characteristics: 1. ]Vlln;mum width of 20'-0", measm'ed fi'om the R.O.W. e Adjacent to Business District type uses within the Business District, trees will be native, xeric, or mttmalized canopy trees, SlX:ed at 25' on center (O.C.), planted at an initial height of 12' overall (O.A.). At the time of individual lot improvements, hedges will be placed at parking lot edges to satisfy the requlr~ents of LDC Section 2.4.7.4. Ce Landscape buffers contiguous to Goodlette-Frank Road R.O.W. will be installed at the time of subdivision improvement per development phase and will hav~ the following chamctcr~cs: 1. Minimum width of 20'-O", measured from the R.O.W. e Adjacent to Business District type uses within the Business and natmalized canopy trezs, spaced at 25 O.C. planted at an mt/al height of 12' O.A.). At the time of individual lot improvements, hedges will be placed at parting lot edges to satisfy the requirements of LDC Section 2.4.7.4. Adjacent to Industrial D[str~ct type uses within the ~l~al/Commerce District, ~ will be native, x~c or natmalb~ canopy trees, spaced at 25' O.C., planted at an initial height of' 12' O.A. Trees will be placed on a berm, 3 feet high and supplemented with a 5 foot high hedge consisting of but not limited to the following plant material: coco plum, vibumam, ficus. The intent will be to obtain 80% opacity within one year ofplanfing for tm~ers on Goodl~Frank Road. Landscape buffers surrounding the perimeter of the park will be installed at the time of subdivision improvement per construction phase. The buffers are r~~ on Exhibit B, and proceed in a clockwise diiv~on form the northeast comer ofthe project as follows: 2-9 5 1213 1 The landscape buffet along the eastern most property boundary, north of the preserve area, as depicted on Exhibit B, shall ~nslst oran Alternative "A" type buffet. Any preservation areas within this buffer may be credited toward buffeting requirements. ' The preserve area along the balance of the eastern most property boundary and along the southern boundary to the Collier County Sewage Treatment facility will serve as the buffer between uses. The landscape buffet dong the western property boundary contiguous to the Collier County Sewage Treatment Plant, has been planted by the County and will serve as the buffer between uses. Landscape buffcrs along the southern most property boundary, east of Goodlette-Frank Road, shall be a minimum width of five feet (:5'). An opaque hedge six fcet (6') high will be planted to supplement the existing oak tree buffet planted by the County at the Collier County Sewage Treatment PlanL The open space and lake along the southern property line shall act as the buffet from Goodlette Frank Road to the Pine Ridge Drainage EasemenL The Developer will supplement the existing landscape buffet by adding an Alternative "C" type buffet between the I/C District and the Pelican Marsh PUD from the west side of the Pine Ridge Drainage Easement to the existing berm to th~ south. This buffet will be installed concurrent with any I/C construction west of the Pine Ridge Drainage F. asement. The adjacent berm and landscaping will act as the buffet along the temalnlng portion of the southern property line. The land.ape buffet between the I/C District and the adjacent Agricultural District along the southern portion of the western property line will be an Alternative "A" type buffer. The landscape buffer between the R.O.W. and the adjacent Agricultural District to the west will be an Alternative "A" type buffer arid be incorporated into the R.O.W. Maximum fence or wall he/ght internal to the PUD: Twelve fee~ (12'). Landscape buffers, be, u~ fences and walls will be constructed along the perimeter of the Creeksi~ Commerce Park PUD boundary eom! with ~ubdlvhloa site development construction phase. 2-10 Fe Be Ce Sidewalks, wa~r management systems, draln~ siructm~ and utilities may allow~d in landscape buffers pum~t to r~ew and approval of the De~Iopment way lira wl~n ~ by fl~e applicable owner or ai~m~. ~GNAGE Pursuant to Section 2.5.5.2.%7. of the LDC., the following conditions provide for th~ requited com~v~ sign plan for ~ Cre~aide For the purpose of this PUD Document, each platted parcel shall be considered a separate parcel of land and shall be entitled to any sign as Should any of hhe signs be requested to be placed within a County dedicated fight-of-way, a fight-of way pennit must be applied for and 4. Ail sil~s shall be located so as not to cause sight line obstructions. All internal project fights-of, way may be utilized for decorative landscaped enirance feahnz~ and signa~e subject to review and approval from Planning Services for comistency with tbe mtuirements set forth herein. PARK ENTRY SIGNS Major park entry signs shall be located as depicted on Exhibit B. Each sign will not exceed 240 square feet in size on any side and signs will be no longer than 40 feet in length and 8 feet in height. e l~mor park entry signs shall be located as depicted Exhibit B. Each minor monument sign will not exceed 140 square feet in ~ on any side. Minor monument signs will bo no larger than 30 feet in length and 6 feet in height. ~AL SIGNS D. USER I. Directional or identification signs are allowed within the business park. Such signs may be used to identify the location or direction of approved uses such as sales centers, information centers, etc. Individual signs may be a maximum of 4 square feet per side in size, or signs maifitalning a common architectural theme may be combined to form a menu board with a maximum size of 25 squar~ feet per side, and a maximum height of g feet. No building permit is required unless such signs are combined to form a menu board. Special Event signs not exceeding 32 square feet per side in size may be displayed to announce or advertise such temporary uses as open houses, programs or any charitable, educational event. Such sign shall be located no closer than 15 feet to back of curb ora roadway. No building permit is Crand Opening signs: The Developer or parcel owner may display an on- site grand opening sign not exceeding 32 square feet on a side, and not exceeding 64 square feet total. Banner signs shall be anchored and may be displayed on-site for a period not exceeding 14 days within the first three months that the Developer/occupant is open for business. SIGNS Wall, mansard, canopy or awning signs: One wall, mansard, canopy or awning sign may be permitted for each single-occupancy facility, or for each establishment in a multiple-occupancy facility. Comer units within multiple-occupancy facilities, or multi-frontage single-occupancy facilities shall be allowed two signs, but such signs shall not be combined for the purpose of placing the combined area on one wail. However, the combined area of those signs shall not exceed the maximum allowable display area for signs by this ordinance. a) The maximum allowable display area for signs may not be more than 15 percent of the total square footage of the visual facade of the building to which the sign will be attached and may not, in any case, exceed 200 square feet in m-..a for any sign. Monument and Pole signs: One (I) monument or pole sign is permitted for each lot or parcel for each external and internal road frontage(s). a) Maximum allowable sign area: 60 square feet per side, if two- sided b) Maximum allowable height: 1:5 feet for pole signs, 8 feet for monument signs. 2-12 ~~i~ c) Setbacks: Zero feet (0') from any right-of-way property line. Signs may encroach .when approved by the Community ~,'fi?!?; E~?lopmen! .and Environmental Services Administrator and apphcable uhhty. Spot or floodlights may be permi~ provided said light shines only on the signs or landscaping and is shielded from motorists and adjac~t ~id~ts. e) Should the U.S. Postal Service. purchase or lease land within Creckside Commerce Park, they will be glowed one sign between Immokalee Road and the proposed lake adjacent to the west entry. E. TRAFFIC SIGNS Traffic signs such as street name signs, stop signs, speed limit signs, otc:. may be designed to reflect a common architectural theme, in accordance with Section 3.2.8.3.19. ofthe LDC. 2,~1 GENERAL PERMrlTED USES ~ uses shall be considered general permitted uses throughout the Creekside Commerce Park PUD except in the Preserve Area. General permitted u~ are those uses which genially ser~ the Develol~' and tenants of Cr~kside Commerce Padc and are typically part ofthe common infrastru~. B. General Permitted Uses: 1. Essential services as set forth under LDC, Section 2.6.9.1. 2. Water management facilities and related stmctm~. 3. Temporary sewage treatment £aeilities. Lakes including lakes with bulkh~ or other architectural or structwal bank treatments. 5. Guardhouses, gat~hous~s, and acc~s control structures. Temporary construction, sales, and administrative offices for the Developer and Developer's authorized contractors and consultants, including neces.vu-y access ways, parking areas and related uses. e I0. 11. 12. 12B I' Landscape features includln~, but not l/m/ted to, landscap~ buffers, bcrms, fcr~s and walls subject to the standards set forth in Section :2.11 of this PUD. Fill ston~ subject to the stan~ set forth in Section 2.12 Of this Pt.~D. Site filling and grading as set forth in Section 2.23 ofthls PUD. 2-14 3.1 3.2 3.3 SECTION III 12B 1 INDUSTRIA~COMMERCE DISTRICT PURPOSE The purpose of this Section is to identify permitted uses and development standards for ar~as within C~kside Commerce Park designated on the Master Plan as "I/C". GENERAL DESCRIPTION Areas designated as "I/C" on the PUD Master Plan are intended to provide a maximum of 620,000 square feet ofgross floor area of industriaffcommerce uses on 44.2.t: net acres. The floor area ratio (FAR) for the designated industrial land uses shall not exceed .35. PERMITTED USES AND STRUC'rURF~ No building or s'tmcture, or part thereof, shall be erected, altered or used, or land used,' in whole or lx~ for other than the following: Ae The permitted principal uses and structures will generally consist of light manufactwing, wholesale, war~house, distribution, processing and packaging, laboratories and clinics, research, design and product development, business services and corporate offices and headquarters. 2. 3. 4. e 8. 9. 10. 11. 12. 13. 14. Aircraft and Parts (Groups 3724, 3728) Apparel and Other Finished Products (Groups 2311-2399) Building Construction (Groups 1521-1542) Business Services (Groups 7311-7313, 7319, 7322, 7323, 7331-7338, 7342- 7389) Child Day Care Services (Group 8351) Communications (Groups 48124899), not including major communications towers related to cellular phone service. Co--on; Special Trade Contractors (Groups 1711-I 799) Depository and Non-Depository Institutions (Groups 6011-6163) Drugs and Medicines (Oroups 2833-2836) Educational Services (Groups 8221-8299) Electronics and Other Electrical Equipment Manufactming ( Groups 3612- 3699) Engineering, Accounting, Research, Management and Related Services (C ups 8711-8748) Fabricated Metal Products (Groups 3411-3479, 3491-3499) Furniture and Fixtur~ Manufacturing (Groups 2511-2599) 3-1 15. Government Offices/Buildings (Groups 9111-9222, 9224-9229, 9311, 941 ! - 9451, 9511-9532, 9611-9661) 16. Industrial end Commercial Machinery end Computer Equipment (Cn'oups 3511-3599) , 17. Industrial Inorganic Chemicals (Cn'oups 2812-2~ 19) 18. Job Training end Vocational Rehabilitation Services (Caoup 8331) 19. ~ md Leather Products (Oroups 3131-3199) 20. M~g, Amlyzing, and Controlling Insm~ents; Pho~ogn~phle~ Medical and Optical Goods: Watches and Clocks Manufacturing (Ch'oups 3812- 3873) 21. Membership Orga~flons (Croups 8611-8631) 22. Miscellaneous Manufacturing Industries (Groups 3911-3999) 23. Motion Picture Production (Groups 7812-7819) 24. Motor Freight Transportation and Warehousing (Groups 4212, 4213-4225, 4226 except oil and gas storage, and petroletm~ and chemical bulk stations) 25. Packing and Crating (Croup 4783) 26. Paper and Allied Products (Groups :2621-2679) 27. Personal Services (Groups 7211-722 I) 28. Physical Fitness Facilities (Oroup 7991) :29. Plastic Materials and Synthetics (Groups 2821-2834) 30. Printing, Publishing and Allied Industries (Groups 2711-2796) 31. Professional Of~ces: including but not limited to, Travel Agencies (Group 4724); Insurance Agencies (Croup 641 I); I~ Carriers (Croups 6311- 6399); Real Estate (Groups 6512, 6514, 6517, 6:519, 6:531, 6541, 6:5:52,) 32. Rubber and Miseellaneous Plastic Products (Croups 3021-3089) 33. Transportation Equipment (Groups 3714, 3716, 3731, 3732, 37;51, 3761, 3764, 3769, 3792, 3799) 34. United States Postal Service (Group 4311) 3:5. Warehousing and Storage (Cnoup 4225, 4226, :5012-:5014) Only one (I) self storage use allowed to be located adjacent to the Collier County Sewage Treatment Plant. 36. Wholesale Trade-Durable ~ (Oroups :5021-$031, $043-$049, :50:51, 5063-:5078, :5091, 5092, :5094-5099) 37. Wholesale Trade-Nondurable Goods (Groups :5111-:51:59, :5181, :5182, :5192- 38. Any other use or service which is comparable in nafm~ with the foregoing uses and is other~se clearly consistent with the intent and pmlx)se statement of the District and which the Community Development and Environmental Services Administrator determines to be compatible in this District. Restricted Principal Uses 3-2 t~ The following medical related uses must be located within a 1/4 mile radius ofthe Health Services, medical clinics and offices (Oroups 8011-8049) · Medical Laboratories and research and Rehabilitative Centers (Otoups 8071. ~092, 8099) Any oe~' use or ~'viee which is comparable in nature with the toregoin8 uses and is otherwL~ ¢lesdy consistent with the intent and purpose ~_~aent of the District and which the Community Development and Environmental Servlc~ Administrator determines to be compa~le in thh District. C. Pcrmk~l Accessory Uses and Slructures: Uses and ~ that are accessory and incidental to uses permitted in this district. 2. Retail and wholesale sales and/or display areas as accessory to the principal use, not to exceed an area greater than forty percent (40%) of the gross floor 3.4 DEVELOP~ STANDARDS A. Minimum Lot Area: 20,000 S.F. B. Minimum Lot Width: 100 FT. C. Minlrnulll Yard Requirements: Front Yard, adjacent to Immokalee or Goodle~F~ Road: (so') feet 2. Front Yard, Internal: Thirty feet 00') Side Yard: Tea feet (10') Five feet ($') to internal prolx'rty line along Pine Ridge canal Wamt'onc Zero feet (0') to bulkhead or dp-rap at top of bank, othenvise feet C2O') 5. Rear Yard: Twenty-five feet (25') He Minimum Building Setback from Perimeter Boundary of PUD: FiRy feet Maximum Height: Thirty Five Feet (35'). Silos, storage tanks, elevator t6w~s, e~tc. are permitted to fifty feet ($0') and can be no larger than ten percent (10~A) of the total roof area. Outside s~orage or display shall be permitted and shall be r~n~,-ened with a fence at least seven feet in height above ground level, or landscaping equivalent or combination thereof. Said fence,, wall or landscaped ~'reen shall be opaque in design. Ail manufacturing shall be conducted in a fully enclosed building. All industrial building sides visible from roadways internal or external to the park shall have the appearan~ of a concrete material, such as, but not limited to, block, brick, tilt up concr¢~ panels, stucco on lathe systems, ~c. Corrugated steel sides vis~le from said roadways are prohibited. Business District type uses located within the I/C District along Goodlette-Frank Road will meet the Collier County Architectural Guidelines in Division 2.8. of th~ LDC. Industrial type uses requiring greater visibility fi'om Goodlette-Frank Road shall have the option of utilizing the landscaped buffer applicable to business uses fronting Goodlette-Frank Road, provided the building meets the following Architectural Guideline Sections of the LDC or satisfies the spirit of th~ building design section of the Arohitectuml Guidelines in the opinion of the Planning S~'~vices Administrator:. 1. Section 2.8.3.5.1, Purpose and intent 2. Section 2.8.3.5.4., Facade standard 3. Section 2.8.3.5.6., Project standards (only two required) 4. Section 2.8.3.5.7, Detail features except for 2.8.3.5.7.2. 5. Section 2.g.3.5.12., except for 2.8.3.5.12.2.2. 3-4 BU~ DISTRICT 4,1 PURPOSE The purpose of this section is to identify permitted uses nnd development standards for nreas within Creekslde Commerce Park designated on the Mnster Plan ns "B". 4,2 GENERAL DESCRIFrlON Areas designated ns "B" on the PUD Master Plnn are in~,nded to provide a mnximum of 190,000 square feet of floor area, including approximately 150,000 square feet of office uses and 40,000 square feet of retail uses on 17.0-~: net acres. The floor area ratio (FAR) for the desi~?~ bu~ess land uses shall not exceed .35. 4.3 PERbffI'rED USES AND STRUCrURES No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or part, for other than the following: A. Permitted Principal Uses and Structures: e 0 Building Construction (Groups 1521-I542) Business Services (Groups 7311-7313, 7319, 7322, 7323, 7331-733S, 7342- 7389) my Services (Group S351) Convenience Store (Group 5411) and Gasoline Filling Station (Group 5541) Only' one (I) allowed. Communicatiom (Groups 4812-4899), not including major communications towers related to cellular phone sca'vice. Depository and Non-Deposi~ay Institutions (Groups 6011-6163) including automatic teller machines Drugs and Medicines (Oronp~ 2833-2836') Eating Plzc~ (Group~ 5812, not including r~,~unms) fast food and drive-thru Educational Services (Groups 8221-8299) 4.1 B+ 10. Engineering, Accounting, Research, Management and Related Services (Croups 8711-8748) I1. Government Offices/Buildings (Groups 9111-9222, 9224-9229, 9311,9411- 9451, 9511-9532, 9611-9661) ' 12. .lob Training and Vocational Rehabilitation Services (Group 833 I) 13. Professional Offices: Travel Agencies (Group 4724); Insurance Agencies (Group 6411); lnsm-ance Carders (Groups 6311-6399); Real Estate (Groups 6512-6515, 6517, 6519, 6531, 6541, 6552, 6553); Holding and Other Investment Offices (Groups 6712.6799); Attorneys (Group 811 I) 14. Physical Fitness Facilities (Group 7~)1) 15. United States Postal Service (Cn-oup 431 I) 16. Any other use or service which is comparable in nature with the fo~going uses and is otherwise clearly consistent with the intent and purpose statement of the District and which the Community Development and Environmental Services Administrator determin~ to be compatible in this Restricted Principal Uses The following medical misted uses must be located within 1/4 mile radius of the bospi property boundary. e Drug Stor~s and Proprietary Stores (Group 5912). Only one (1) drug stor~ nllowed. Health Services (Grout~ 8011-8009). Medical Clinics and Offices (Groups 8011, 8021, 8031, 8041-g009). Medical Laboratories and r~search and Rehabilitative Centers (Groups 807 ~ -8099). Any other use or service which is compn~able in nature with the foregoing uses and is ofl~'wlse clen~'iy consistent with the intent and purpose statement of the District and which the Community Development nnd Environmental Services Administrator determines to be compatible in this P~,u,itted Accessory Uses and Slructures 4-2 4.4 1 1. A~ry ~ ~nd ~mctm~ ~'tom~ufly ~ ~ ~ ~ 2. ~ ~ ~l~e ~ ~or ~lay ~ n ~~ to ~o ~~ ~ ~t to ~ ~ ~ ~ ~ fo~ ~t (4~) of ~ ~ fl~r ~ of ~ ~~ p~i~ ~. D~P~ ~~S ~~ ~ ~ 20,~ S.F. B. ~~ ~ ~d~: 1 ~ ~. C. ~~ Y~ ~~: I. Front Y~ ~o~ ~ ~~F~ R~: ~i~ f~ (~0') Fmn~ Y~ ~ R~: ~ f~ (30') 3. Side Y~: T~ f~ (10') ~i~ f~ (~') ~ ~ ~ ~ gons ~e P~e ~d~ ~ ~e ~~ ~d ~&L ~~ 4. Wa~n~: ~ ~ (0') ~ ~~ or fl~ at top o~ ~ o~ ~V r~ ~0') f. ~ Y~: ~-fi~ f~ ~') ~~ B~l~g S~k ~m P~ Bo~ of P~: a) ~i~ r~ (s0') r~ ~p ~ ~ ~ ~ r~ (~f') ~ h~ b) ~ ~o~ f~ (3~ for ~ one f~ of b~l~ng heist o~ ~ five f~ (~f') ~jo~s ~d~ di~ Maximum Height: Three stories o,,~r parking to a maximum of ~ feet (50') for buildings within_ 1/4 mile of the hospital property boundary except that no stmct~ ~ be greater than thin-five feet (35'), on property west of the Pine Ridge Drainage Easem~ Commercial desi~ guidelines for facilities in lhe Business Distri~ shall be subject to the provisions of Division 2.8. ArcM~'htral and Site Design Standards and Site Design Standards for commerci~ buildings and projects.. 4-3 Out~d, mrag~ or display shall b~ permitt~ and shall b~ scmmed with a ferm at least seven f~t in height abov~ ground I~t~l, or landsmpMg equivalent or combLrmion thereof, gaid fence, wall or iandscap~ grin ahall b~ opaq~ in d~sign. · SECTION V PRESERVE AREA $.1 PUI~OSE The pm'pose of this Section is to identify permitted uses and devdopment siandards for the area within Creek.side Commerce Park, designated on the Master Plan, as Preserve Area. 5.2 GENERAL DESCRIFFION Areas designated as Preserve Area on the Master Plan are designed to accommodate natural systems existing or created as ~es and limited water management uses and functions. ~.~ PERMITFED USES AND S'rRUCFURF~ No building or stmclure, or part thereof, shall be erected, altered or used, or land or water used, in whole or in part, for other than the following: A. Permitted Principal Uses and Stmctur~ I. Boardwalks and nature trails (excluding asphalt paved lralls). 2. Water management facilities. Any other pre.serve and related open space activity or use which is comparable in nature with the forgoing uses and which the IMvelopment Services Dir~or determines to be compatible in the Preserve Area. 5.4 PRESERVE DISTRICT PRESERVA~ON EASEMENT A non-exclusive preservation easement or tract is required by LDC Section 3.2.8.4.7.3. for preservation lands included in the Preserve Area. The Developer, its successor or assign shall be responsible for the control and maintenance of lands within the Preserve Area. Exact location/boundary of the Preserve Area will be d~errnined during the development Ix'rmi~g process with the South Florida Water Management District, Army Corps of Engineers, and Colli~ County. 5..$ PRESERVE AREA ADJUSTMENTS The proposed native vegelation r~tention areas, depicted on the Cree~de Commerce Park Master Plan, are intended for meeting the native vegetation requirements of the Collier County Growth Management Plan and the Collier County LDC. Adjustments may be made to the location of the ~ons areas at the grne of prelingnary plat or site development $-1 ~ or i~ovid~ ~ n~iv~ l~lscspe l~r the Colli. Counv/LI~ Th~ ~ ~o~ ~ ~ 2.9 acr~ ofwetlznds ~nd 4.1 ~ of uphmds, depleted on .the -? ,I DOA~ OF CO~¢TY C~HZ$S~ONERS ATTIC: HAICCY SALOiP~ ~ BO~ &13016 KA, PLES FL 34101-3016 REFEPJ~NCE: 001230 70&259 573726M NOTICE OF XNI~NT TO County o~ CoU. te~ kfore t~ ~rs~ ~rt~, ~r~t~y tn ~ttt~ ~y, Ftor~: t~t t~ ettl~ ~r ~ ~t~ ttst~. Afft~ f~r ~ t~t t~ ~td ~t~ mtt~ it ~ ~t dfta tn ~teSs tn Mtd Cotttff ~s ft~IM, fo~ · ~rt~ ~ 1 ~e f~ ~ tMt ~ Mt Ntt~r ~td ~ ~ ~ 0~t~ thto ~to~t for ~ttmtm tn tM Mtd I~LZS~D oN: lO/O5 AD SPACE: 110.O(X) ZNCH FZLED ~: lo/o6/97 Stgnlturt of Afftint ,~' _ , 12B 1 ORDINANCE NO. 97- 5! AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102 THE COLLIER COUNTY LAND DEVELOPMENT CODE WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA BY AMENDING THE OFFICIAL ZONING ATLAS MAP NUMBER 8527N; BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM ~'A" RURAL AGRICULTURAL AND "I" INDUSTRIAL TO "PUD" PLANNED UNIT DEVELOPMENT KNOWN AS CREEKSIDE COMMERCE PARK, FOR INDUSTRIAL, BUSINESS AND MEDICAL RELATED USES FOR PROPERTY LOCATED ON THE EAST AND WEST SIDES OF GOODLETTE FRANK ROAD (C.R. 851), IMMEDIATELY SOUTH OF IMMOKALEE ROAD (C.R. 846), IN SECTION 27, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 108.4 ACRES; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, George L. Varnadoe, Esquire, of Young, van Assenderp & Varnadoe, and Alan Reynolds of Wilson, Miller, Barton & Peek, Inc., representing Barton Collier Partnership, petitioned the Board of County Commissioners to change the zoning classification of the herein described real property; NOW, THEREFORE BE IT ORDAINED by the Board of County Commissioners of Collier County, Florida: SECTION ONE: The zoning classification of the herein described real property located in Section 27, Township 48 South, Range 25 East, Collier County, Florida, is changed from "A" Rural Agricultural and ~I" Industrial to "PUD" Planned Unit Development in accordance with the Creekside Commerce Park PUD Document, attached hereto as Exhibit "A" and incorporated by reference herein. The Official Zoning Atlas Map Number 8527N, as described in Ordinance Number 91-102, the Collier County Land Development Code, is hereby amended accordingly. SECTION TWO: This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this 2lsd: day of Oct:obe~ 1997. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: TIMOTHY HANCOCK, Approved as to Form and Legal Sufficiency MarJ~kie M. student Assistant County Attorney CREEKSIDE COMMERCE PARK A PLANNED UNIT DEVELOPMENT PREPARED FOR BARRON COLLIER PARTNERSHIP OCTOBER, 1997 Ys~. OI ~,Jad~m CREEKSIDE COMMERCE PARK A PLANNED UNIT DEVELOPMENT 108+ Acres Located in Section 27 Township 48 South, Range 25 East Collier County, Florida PREPARED FOR: BARRON COLLIER PARTNERSHIP 2640 Golden Gate Parkway Naples, FL 34105 10t'~t97o~VJ ¥ff:. OI ~-A~lm PREPARED BY: WILSON, MILLER, BARTON 8; PEEK, INC. 3200 Bailey Lane, Suite 200 Naples, Florida 34105 YOUNG, VAN ASSENDERP & VARNADOE, P.A. 801 Laurel Oak Drive, Suite 300 Naples, Florida 34101 DATE FILED 7/I 5/97 DATE APPROVED BY CCPC ~ DATE APPROVED BY BCC 10/21/97 ORDINANCE NUMBER 97-5 1 TABLE OF CONTENTS 12B1 STATEMENT OF COMPLIANCE AND SHORT TITLE SECTION 1 SECTION I! LEGAL DESCRIPTION, PROPERTY OWNERSHIP, & GENERAL DESCRIPTION COMMERCE PARK DEVELOPMENT 2.1 2.2 2.3 2.4 2.5 2.6 2.7 2.8 2.9 2.10 2.11 2.12 2.13 2.14 2.15 2.16 2.17 2.15 2.19 2.20 2.21 Purpose General Description Of The Park and Proposed Land Uses Compliance With County Ordinances Community Development District Land Uses Lake Siting Fill Storage Use Of Right-Of-Way Sales Office and Construction Office Changes and Amendments To PUD Document Or PUD Master Plan Preliminary Subdivision Plat Phasing Open Space and Native Vege~tion Retention Requirements Surface Water Management Environmental Utilities Transportation Common Area Maintenance Design Guidelines and Standards Landscape Buffers, Berms, Fences and Walls Signage General Permitted Uses SECTION III SECTION IV INDUSTRIAL/COMMERCE DISTRICT BUSINESS DISTRICT ii I-I 2-1 3-1 4-1 SECTION V EXHIBIT A EXHIBIT B PRESERVE AREA AERIAL PHOTOGRAPH, LOCATION MAP (WMB&P File No. RZ-2$$A) CREEKSIDE COMMERCE PARK MASTER PLAN (WMB&P File No. RZ-255B) $-I 12B1 STATEMENT OF COMPLIANCE The purpose of this .section is to express the intent of the Barron Collier Partnership, hereinafter referred to as Barron Collier or the Developer, to create a Planned Unit Development (PUD) on 108~: acres of land located in Section 27, Township 48 South, Range 25 East, Collier County, Florida. The name of this Planned Unit Development shall be Creekside Commerce Park. The development of Creekside Commerce Park will be in substantial compliance with the planning goals and objectives of Collier County as set forth in the Growth Management Plan. The development will be consistent with the policies and land development regulations adopted thereunder of the Growth Management Plan Future Land Use Element and other applicable regulations for the following reasons: The subject property is within the Urban Mixed Use District as identified on the Future Land Use Map which allows certain industrial and commercial uses. The Urban designation also allows support medical facilities, offices, clinics, treatment, research and rehabilitative centers and pharmacies provided they are located within 1M mile of the property boundary of an existing or approved hospital or medical center. The existing Industrial zoning is considered consistent with the Future Land Use Element (FLUE) as provided for by Policy $.9 and $.11 of the FLUE. o The FLUE Urban-Industrial District allows for expansion of the industrial land use provided the rezone is in the form of a PUD, the site is adjacent to existing land designated or zoned industrial the land use is compatible with adjacent land uses and the necessary infrastructure is provided or in place. Creekside Commerce Park has expanded the industrial land use accordingly. The FLUE Urban-Industrial District requires the uses along the boundaries of the project to be transitional. Creekside Commerce Park has included transitional uses accordingly. Creekside Commerce Park is compatible with and complementary to existing and future surrounding land uses as required in Policy 5.4 of the FLUE. Improvements are planned to be in substantial compliance with applicable land development regulations as set forth in Objective 3 of the FLUE. The development of Creekside Commerce Park will result in an efficient and economical extension of community facilities and services as required in Policies 3.I.H and L of the FLUE. 8. Creekside Commerce Park is a master planned, deed-restricted commerce park and is planned to encourage ingenuity, innovation and imagination as set forth in the Collier County Land Development Code (LDC), Planned Unit Development District. Ii 12B1 Tl~s ma~tcr p]mmed park ~I1 ~ncorP°ratc clements ~rom ~hc cxi~ng Industrial, Bus~r,c~ Park and Industrial PUD s~'~ons ofthe LI)C. SHORT TITLE · This ordinance shall 1~ known and cited as the "CREEKSIDE COMMERCE PARK PLANNED UNIT DEVELOPMENT ORDINANCE". iii 12B1 SECTION I LEGAL DESCRIPTION, PROPERTY OWNERStHP, AND GENERAL DESCRIPTION 1.3 PURPOSE The putlx~ of this section is to set forth the legal description and ownership of Creekside Commerce Park, and to describe the existing condition of the property proposed to be developed. 1.4 LEGAL DESCRIPTION All that part of Section 27, Township 48 South, Range 25 East, Collier County, Flortd~ being moro particularly descn~x,d as follows; COMMENCING at the northwest corner ofsald Section 27; thence along the north line of said Section 27 South 89°45'21" East 1869.61 fee~ thence leaving said line South 00014'39'' West 125.00 feet to a point on the south right of way line of lmmokalee Road (S.R. 846) and the POINT OF BEGINNING of the parcel herein described; thence along said right of way line in the following Six (6) described courses; I) South $9°45'21'' Fast 485.99 feet; 2) South 00014'39" West 10.00 feet; 3) South 89°45'21" East 150.19 feet; 4) South 89°48'33'' East 716.gl feet: 5) North 05034'33" West 10.05 feet; 6) South 89048'33" East 486.21 feet to a point on the west right ofway line of Gcodlette Road as recorded in Plat Book 3, page $$, Public Records of Collier County, Florida; thence along said line South 05"J3'48" East 1767.02 feet; thence leaving said line South 19~20'53'' West 51.1 $ feet; thence North 23055'53" West 13.07 feet; thence nor&westerly, 30.71 feet along the arc ora circular curve concave to the northeast, having a radius of g0.00 feet, through a central angle of 21°$9'$2" and being subtended by a chord which beats North 12'55'57' West 30.53 feet; thence North 05000'$3" West 31.56 feet; thence North 36o19'20" West 32.02 feet; thence North 56004'35' West 35.1 ! feet;, thence North 80039'l 5' West 32.53 feet; thence North 88*39' 12" West 97.78 feet: thence North 86004'40" West 45.79 feet; thence North 89049'48" West 132.77 feet; thence North 69040' lO" West 37.23 feet: thence South 89020'53" West 142.47 feet; thence South 84°$9'26'' West 24.66 feet; thence South 74°56'50" West 121.32 feet; thence South 79049'.59" West 45.93 feet; thence westerly and northwesterly, 45.51 feet along the arc ora circular curve concave to the northeast, having a radius of 66.00 feet, through a central angle of 39030'16'' and being subtended by a chord which bears North 80024'53' West 44.61 feet to a point of compound curvature; thence northwesterly, 52.92 feet along the arc ora circular curve concave to the southwest, having a radius of 150.00 feet, through a central angle of 20°12'57'' and being subtended by a chord which bears North 70°46'! 3" West 52.65 feet; thence North 80052'42'' West 36.59 feet; I-I thence westerly and southwesterly, 46.18 feet along the nrc ora ckcular c:utve concave to the southeast, having a radius of 80.00 feet, through a central angle of 33°04'14'' and being subtended by a chord which beats South 82035, I I" West 45.54 feet to a point ofcompound curvature; thence southwesterly and westerly, 38.16 feet along the arc ora circular curve concave to the northwest, having a radius of 60.00 feet, through a central angle ot'36~26' 19" and being subtended by a chord which bears South 84016, 14" West 37.52 feet to a point ofcompound curvature: thence westerly and northwesterly, 68.85 feet along the arc ora circular curve concave to the southwest, having a radius of 305.00 feet, through a cemral angle of 12°$$'$9'' and being subtended by a chord which bears North 13°:58'36" West 68.'/0 tee; thence South 89033'25" West 18.36 teL, t; thence South 89'39'19" West 71.63 feet; thence North 89'34'$6" West 36.03 feet;, thence Sot.nh 86e06'4 !" West 42.94 feet; thence Sott~ 83°44'!6" West 26.23 feet;, thence South 51°0]'i3" West 27.49 feet; thence South 33~25':50" West 19.9:5 feet; thence South 15040'0:5" West 20.54 feet; thence Sout~ 10°:54'39" West 34.64 feet; thence South 89°20'14" West 101.06 feet; thence North 10046'06'' East 101.42 feet; thence North 89020'53" East 65.45 feet; thence North 00o39'07" West 100.64 feet; thence South 89020'53" West 503.78 feet; thence North 00o39'07" West 27.71 feet; thence North 72058'55" West 131.30 feet; thence North 02008'56" West 1473.29 feet to a point on the south right of way line of said lmmokalee Road (S.IL 846) and the POINT OF BEGINNING of the parcel herein described; Containing 69.48 acres more or less; Subject to easements and restrictions of record. Bearings are assumed and based on the north line of said Section 27 being South 89049'40'' East. All that pan of Section 27, Township 48 South, Range 25 East, Collier County, Florida being more particularly described as follows; Commencing at the northeast comer of sald Section 27; thence along the ~ line of sald Section 27, South 01009'43" East 125.00 feet to a point on the south right of way line of lmmokalce Road (S.IL 846) and the POINT OF BEGINNING of the parcel herein descn'bed; thence continue along said east line South 01eO9'43" East 1189.62 feet; thence leaving said line South 89048'50" West 677.35 feet; thence South 05o35'39" East 886.02 feet; thence South 89'48'50' West 400.00 fret to a point on the easterly right of way line of'Goodlette Frank Road as Recorded in Plat Book 13, page 58, Public records of Collier County, Florida: thence along said line North 05°35'39'' West 2088.10 feet to a point of the south right ot'way line of said Immokalce Read (S.IL 846); thence along said line South 89049'40" East i 168.$5 feet; thence continue along said line South 89'12'58" East !.85 feet to the POINT OF BEGINNING of the parcel herein descn'bed; Containing 38.9 acres more or less; Subject to easements and restrictions of record. Bearings are assumed and based on the noah line of said Section 27 being South 89'46"26" EasL I-2 12B1 1,3 1.4 PROPERTY OWNERSItlP 1,2B1 The subject property is currently under the equitable ownership or control of Barron Collier Partnership, or its assigns, whose address is 2640 Golden Gate Parkway. Naples. FL 34105. GENERAL DESCRIPTION OF PROPERTY Thc project site is located in Section 27. Township 48 South. Range 25 East, and is generally bordered on the west by Agriculturally zoned and developed property; on the north, across lmmokalee Road by office and medical (North Collier Hospital) PUD zoned and developed property; on the east by Medical Office Park currently under development, County Park and County Wastewater Treatment Facility; and on the south by PUD and County Wastewater Treatment Facility. The location of the site is shown on Exhibit A Aerial Photograph, Location Map. The zoning classification of the subject property at the time of PUD application is I (Industrial) and A (Agricultural). Elevations within the site are approximately 7.5 to 9 feet-NGVD. Per FEMA Firm Map Panels No. 1200670193D, dated June 3, 1986, the Creekside Commerce Park property is located within Zones 'AE-I 1" of the FEMA flood insurance rate. Topographic mapping is shown on Exhibit G. The soil types on the site generally include Riviera limestone substratum, Copeland fine sand, Pineda fine sand, lmmokalee fine sand, Myakka fine sand, Basinger fine sand, Riveria fine sand, Ft. Drum and Malabar fine sand, and Satellite fine sand. Soil Conservation Service mapping of soil types is shown on Exhibit D. Prior to development, vegetation on the site primarily consists of active croplands and small amounts of pine flatwoods. An isolated wetland system is located along the south side of Immokalee Road west of Goodlette-Frank Road. This wetland consists primarily of Brazilian pepper that surrounds a small willow area. The wetland on the east side of Goodlette-Frank Road consists primarily of cabbage palms. A portion of the historic water course within this wetland has been channelized. Brazilian pepper has infested the northern part of this wetland. A detailed vegetation mapping is shown on Exhibit C. The project site is located within the Pine Ridge Canal and West Branch Cocohatchee River sub-basins, as depicted within the Collier County Drainage Atlas (July, 1995). The Conceptual Stormwater Management Master Plan is shown on Exhibit H. I-3 DEVELOPMENT OF REGIONAL IMPACT Cr~ekside Commerce Park does not meet the minimum thresholds for a Development of Regional lmpac~ (DIU), pursuant to Chapter 380.06, ~ 1997, in that it is at or below 80% of all numerical thresholds in the guidelines and standards set forth therein. !.4 2.1 SECI'ION II PROJECT DEVELOPMENT PURPOSE The purpose of this Section is to generally descfit~ the plan of development for Creekside Commerce Park (park), and to identify relationships to applicable County ordinances, policies, and procedures. 12B 1 2.2 GENERAL DESCRIPTION OF THE PARK AND PROPOSED LAND USES Creekside Commerce Park will consist of predominately industrial, warehouse, wholesale, financial institutions, business and office uses, with limited amounts of retail uses. Creekside Commerce Park shall establish project-wide guidelines and standards to ensure a high and consistent level &quality for proposed features and facilities, 2.3 The Master Plan is illustrated graphically on Exhibit B (WMB&P, Inc. File No. RZ-225B). A Land Use Summary indicating approximate land use acreages is shown on the plan. The location, size, and configuration of individual tracts shall be determined at the time of Preliminary Subdivision Plat approval with minor adjustments at the time &Final Plat approval, in accordance with Section 3.2.7.2. of the Collier County Land Development Code (LDC). COMPLIANCE WITH COUNTY ORDINANCES go Regulations for development of Creckside Commerce Park shall be in accordance with the contents ofthis PUD Ordinance, and to the extent they are not inconsistent with this PUD Ordinance, applicable sections of the LDC and Collier County Growth Management Plan which are in effect at the time of issuance of any development order. Where this PUD Ordinance does not provide developmental standards, then the provisions of the specific sect/on of the LDC that is otherwise applicable shall apply to which said regulations relate. Unless otherwise defined herein, or as necessarily implied by context, the definitions of ali terms shall be the same as the definitions set forth in the LDC in effect at the time of development order application. Development permitted by the approval of this PUD will be subject to the Adequate Public Facilities Ordinance, Division 3.15 of the LDC. Ali conditions imposed herein or as represented on the Creekside Commerce Park Master Plan are part of the regulations which govern the manner in which the land may be developed. 2-1 Eo 2.4 2.5 The Site Development Plans Division of the LDC (Article 3, Division 3.3) shall apply to Creekside Commerce Park, except where an exemption is set forth herein or other~4se granted pursuant to I,DC Section 3.3.4. The Developer shall submit to the County an annual PUD monitoring report in accordance with LDC Section 2.7.3.6. COMMUNITY DEVELOPMENT DISTRICT The Developer may elect to establish a Community Development District (CDD) pursuant to Chapter 190, Florida Statutes, 1997, to provide and maintain infrastructure and community facilities needed to serve the park. A CDD would constitute a timely, efficient, effective, responsive and economic way to ensure the provision of facilities and infrastructure for the proposed development. Such infrastructure as may be constructed, managed and financed by the CDD shall be subject to, and shall not be inconsistent with, the Collier County Growth Management Plan and all applicable ordinances dealing with planning and permitting of Creekside Commerce Park. The land area is amenable to infrastructure provision by a district that has the powers set forth in the charter of a Community Development District under Section 190.006 through 190.041, F_l.(lfi.it~.Slal~t~. Such a district is a legitimate alternative available both to the County and to the landowner for the timely and sustained provision of quality infrastructure under the terms and conditions of County development approval. The location of land uses are shown on the PUD Master Plan, Exhibit B. Changes and variations in building tracts, location and acreage of these uses shall be permitted at preliminary subdivision plat approval, preliminary site development plan approval and final site development plan approval to accommodate utilities, topography, vegetation, and other site and market conditions, subject to the provisions of Section 2.7.3.5. of the Collier County LDC. The specific location and size of individual tracts and the assignment of square footage or units shall be determined at the time of site development plan approval. Roads and other infrastructure may be either public, private or a combination of public and private, depending on location, design and purpose. The request for a road to be public shall be made by the Developer at the time of final subdivision plat approval. The Developer or its assignees shall be responsible for maintaining the roads, streets, drainage, common areas, water and sewer improvements where such systems are not dedicated to the County. Standards for roads shall be in compliance with the applicable provisions of the County Code regulating subdivisions, unless :2.2 2.6 2.7 otherwise approved during subdivision approval. The Developer reserves the right to request substitutions to Code design standards in accordance with Section 3.2.7.2. of the LDC. LAKE SITING As depicted on the PUD Master Plan, lakes have been preliminary sited. The goal of this Master Plan is to achieve and overall aesthetic character for the park, to permit optimum use of the land, and to increase the efficiency of the water management network. Fill material from lakes is planncd to be utiliT~l within the park; however, excess fill material may be utilized off-site. The volume of material to be removed shall be limited to ten percent of the calculatccl excavation volume to a maximum of 20,000 cubic yards. If the applicant wishes to take more off-site, a commercial excavation permit will be required. Final lake area determination shall be in accordance with the South Florida Water Management District stormwater criteria and Section 3.5.7. &the [.DC. Setbacks: Excavations shall be located so that the control elevation shall adhere to the following minimum setback requirements, subject to approval of County staff at time of final construction plan approval: a) b) Twenty feet (20') from right-of-way of internal roads. The roads will be designed to (AASHTO) road standards and shall incorporate such factors as road alignment, travel speed, bank slope, road cross sections, and need for barriers. FILL STORAGE Forty feet (40') from Immokalee Road or Goodlette-Frank Road rights-of-way. Perimeter property lines will have a setback of twenty feet (20'). The roads will be designed to (AASHTO) road standards and shall incorporate such factors as road alignment. travel speed, bank slope, road cross sections and need for barriers. Fill storage is generally permitted as a principal use throughout the Creekside Commerce Park PUD. Fill material generated from properties owned or leased by the Developer may be transported and stockpiled within areas which have been disturbed. Prior to stockpiling in these locations, the Developer shall notify the Community Development and Environmental Services Administrator per Section 3.2.8.3.6. oftbe LDC. The following standards shall apply: 1. Stockpile maximum height: Thirty-five feet (35') 2-3 2.8 2.9 2.10 e Fill storage areas in excess of five feet (ST in height shall be separated from developed areas by fencing, excavated water bodies or other physical barriers if the side slope oftbe stockpile is steeper than 4 to I (i.e. 3 to !). a) Soil erosion control shall be provided in accordance with LDC Division 3.7. USE OF RIGHTS-OF-WAY Utilization of lands willgn all park rights-of-way for landscaping, decorative entrance ways, and signag¢ shall be allowed subject to review and administrative approval by the Develolx~ and the Community Development and £nvimnmental Services Administrator for engineering and safety considerations during the development rrsdew process. SALES OFFICE AND CONSTRUCTION OFFICE Sales offices, construction offices, and other uscs and structures related to the promotion and sale of real es'tale such as, but not limited to, pavilions, pa&lng areas, and signs, shall be permitted principal uses throughout Creekside Commerce Park. These uses may be either wet or dry facilities. These uses shall be subject to the requirrments of Section 2.6.33.4, Section 3.2.6.3.6. and Division 3.3 of the LDC, with the exception that the temporary use permit shall be: valid through the life ofthe project with no extension of the temporary use required. These uses may use septic tanks or holding tanks for waste disposal subject to permitting under F.A.C. 10D4 and may use potable water or irrigation wells. CHANGES AND AMENDMENTS TO PUD DOCUMENT OR PUD MASTER PLAN Ao Changes and amendments may be made to this PUD Ordinance or PUD Master Plan as provided in Section 2.7.3.5. of the LDC. Minor changes and refinements as descn'bed herein may be made by the Developer in connection with any type of development or permit application required by the LDC. The Community Development and Environmental Services Administrator shall be authorized to approve minor changes and refinements to the Creekside Commerce Park Master Plan upon written request of the Developer or his assignee. C. The following limitations shall apply to such requests: The minor change or ref'mement shall be consistent with the Collier County Growth Management Plan and thc Creckside Commerce Park PUD document. IOt'lff~4,Prl~ ¥~r 02~. ~' 2*4 o The minor change or refinement shall not constitute a substantial change pursuant to Section 2.7.3.5.1. of'the LDC. e The minor change or refinement shall be compatible with external adjacent land uses and shall not create detrimental impacts to abutting land uses, water management facilities, and conservation areas within or external to the PUD. The following shall be deemed minor changes or refinements: Reconfiguration of lakes, ponds, canals, or other water management facilities where such changes are consistent with the criteria of the South Florida Water Management District and Collier County. 2. Internal realignment of rights..of-ways. 3. Reconfiguration ofparcels per Section 5.5 ofthis PUD. Minor changes and refinements as described above shall be reviewed by appropriate Collier County staff to ensure that said changes and refinements arc otherwise in compliance with all applicable County Ordinances and regulations prior to the Community Development and Environmental Services Administrator's consideration for approval. Fo Approval by the Community Development and Environmental Services Administrator of a minor change or refinement may occur independently from and prior to any application for Subdivision or Site Development Plan approval, however such approval shall not constitute an authorization for development or implementation of the minor change or refinement without first obtaining all other necessary County permits and approvals. 2.11 PRELIMINARY SUBDIVISION PLAT PHASING 2.12 Submission, review, and approval of Preliminary Subdivision Plats for the park may be accomplished in phases to correspond with the planned development of the property. OPEN SPACE AND NATIVE VEGETATION RETENTION REQUIREMENTS Ae The PUD will fully comply with ali sections ofthe LDC and meet the requirements of the Growth Management Plan relating to open space and retention of native vegetation. 2-5 2.13 SURFACE WATER MANAGEMENT 2.14 In accordance with the Rules of the South Florida Water Management District (SFWMD), Chapters 40E-4 and 4-E-40, this project shall be designed for a storm event of 3-day duration and 25-year return frequency. ENVIRONMENTAL 2.15 Environmental permitting shall be in accordance with the State of Florida Environmental Resource Permitting (ERP) Rules, and shall further be subject to review and approval by Collier County Planning Services Department Environmental Review Staff. UTILITIES Ae All necessary easements, dedications, or other instruments shall be granted to insure the continued operation and maintenance of' all service utilities in compliance with applicable regulations in effect at the time approvals are requested. 2.16 TRANSPORTATION Ae The Developer shall provide appropriate left and/or right turn lanes on lmmokalce Road and Ooodlette-Frank Road at the main park entrances. Such turn lanes shall be in place prior to the issuance of any Certificates of Occupancy for a use that utilizes the perspective/associated entrance. De There shall be a full access intersection at the park's southern entrance on Goodlette Frank Road. When justified by traffic warrants, this intersection shall be signalized, notwithstanding its proximity to Immokalee Road. Future access points to Immokalce and Goodlette-Frank Roads are those shown on the Creekslde Commerce Park Master Plan. Arterial level street lighting shall be provided by the Developer at the park's main entrance in conjunction with the development of this entrance. Road impact fees shall be paid in accordance with the provisions of Ordinance 92- 22, as amended. The Developer shall provide the appropriate easements or reserve right of way so that the southerly access road west of Goodlette Frank Road may be interconnected to the properties to the west of Creekside Commerce Park. 2-6 12B The Developer shall provide a fair share contribution toward the capital cost of traffic signals at any project access when deemed warranted by Collier County. The signal shall be owned, operated and maintained by Collier County. He The Developer agrees to complete construction of the segment of internal roadway that connects Ooodlette-Frank Road to the I/C parcel therein called "southern parcel") that is west of Goodlette Road and abuts Pelican Marsh prior to the first of the following to occur: 1. The issuance ora certificate of occupancy for the "southern parcel"; The issuance of a certificate of occupancy on the second business parcel to be developed west of the Pine Ridge Drainage Easement: 3. Within 3 years of approval ofthis PUD; or Within 9 months of obtaining "grant" money or other funds Ibr construction of such infrastructure from an outside source. The I/C parcels west of the Pine Ridge Drainage Easement and immediately north of' the south road shall connect for service and employee access at the time that the south road is extended to a point that they may connect. The Developer agrees to provide the County with an update of the Transportation Impact Statement (TIS) at the time of submittal of a Preliminary Subdivision Plat or Site Development Plan. The Goodlctte-Frank Road southemmost access to the lie parcel east of Ooodlette-Frank Road shall be limited to a right-in/right-out access. 2.17 COMMON AREA MAINTENANCE Most common area maintenance will be provided by thc CDD or by a Property Owner's Association (POA). The CDD or the POA, as applicable, shall be responsible for the operation, maintenance, and management of the surface water and stormwater management systems and reserves serving Creckside Commerce Park, in accordance with any applicable permits £rom the South Florida Water Management Dislrict. 2.18 DESIGN GUIDELINES AND STANDARDS The Collier County Planned Unit Development District is intended to encourage ingenuity, innovation and imagination in the planning, design and development or redevelopment of relatively large tracts of land under unified ownership as set forth in the LDC, Section 2.2.20. 2-7 1281 Creekside Commerce Park is planned as a functionally interrelated business park under unified control. The Developer will establish community-wide guidelines and standards to ensure a high level of quality for both the common areas and the individual parcel developments. These guidelines will serve as a control for individual parcel development, and be referred to as The Declaration of Covenants, Conditions and Restrictions for Creekside Commerce Park. Thc level of quality defined in this document is directed towards the creation of an attractive business environment, and these standards are the basis for evaluation of projects submitted for review to the Property Association's Architectural and Landscaping Committee, referred to as the ALC. The standards in this document will include criteria for site planning, architectural design, lighting, landscaping, and graphics and sJgnage. The specific design guidelines will act as supplemental standards to the requirements of this Planned Unit Development Ordinance, and other County codes, but in no way supersede them. 1. Common Areas The master design of the park's entries and signage, streetscapes, and open space areas will form a harmonious framework that visually links the entire park together. This unified appearance will enhance the image of the entire community. Internal roadways will provide efficient vehicular circulation with streetscapes that create pleasant neighborhood environments. Streetscape plans will be designed to establish a hierarchy of landscape improvements appropriate in scale and character with the function of the street and adjacent land uses. Along these streetscapes a pedestrian walkway system will be established to link each project with the overall community. 2. Individual Projects a) Site Planning: Each individual parcel project will provide a visually appealing, articulated, identifiable path of entry for pedestrians and vehicles from the street to the site and from the site to the buildings themselves. The orientation of a building or structure upon a site will not only reflect the project*s functional need, but will also be responsive to the individual parcel's characteristics and be sensitive to adjacent land uses and the surrounding community. Architectural standards: The objective of the architectural standards will be to promote the creation of an attractive, value- apparent business environment. Design elements throughout a 2-8 2.19 b) c) project must be consistent with the nature of the chosen style and building materials selected. Project design should endeavor to adhere to the classical principles of design and avoid clich:fs, overly complex or garish motifs, while seeking to invoke a "timeless" quality. Lighting: Thc guidelines for lighting will establish a continuity of design for all lighting in the park which is consistent with the overall visual impression of the park. Landscaping: The purpose of landscape design guidelines within individual projects is to guide development toward harmonious and visually pleasing landscape that is cohesive with the overall master landscape plan. The Creekside landscape concept will have n naturalistic theme. Similar to the overall project's plant palette, individual sites will be dominated with plants that are native, xeric, or naturalized within Southwest Florida. Landscape designs will create a coherent theme which emphasizes plant material as a primary uniting element. (1) (2) Landscape elements along public R.O.W.s will be complimentary to streetscape landscaping. Parcel entries will be designed to harmonize with adjacent street.scape landscaping, and clearly accentuate, the parcel entry. Individual parking lots will be screened from the roadways as much as possible, without obscuring views of the building entrances. In addition, plant materials used around main entrances of buildings will visually cue visitors to their location. d) Graphics/signage: The guidelines serve to provide continuity of design for all signage in the park which is consistent with the overall visual impression of the park. Parcel slgnage serves the identification needs of the individual tenants and user. LANDSCAPE BUFFERS, BERMS, FENCES AND WALLS Landscape buffers, berms, fences and walls arc generally permitled as a principal use throughout Crcckside Commerce Park. Required buffer treatments shall terminate at entrances to accommodate entrance treatments and at lakes to accommodate views into the park. Thc following standards shall apply: 2-9 Landscape buffers contiguous to Immokalce Road R.O.W. will be installed at Ihe time of subdivision improvement per construction phase and will have the following characteristics: !. Minimum width of 20'-0", measured from the R.O.W. Ce Adjacent to Business District type uses within the Business District, trees will be native, xeric, or naturalized canopy trees, spaced at 25' on center (O.C.), planted at an initial height of 13'-14' overall (O.A.) with a 6' spread. In addition, a continuous 24" high shrub hedge shall be provided within the 20' buffer. Landscape buffers contiguous to Goodlette-Frank Road R.O.W. will be installed at the time of subdivision improvement per development phase and will have the following characteristics: I. Minimum width of 20'-0", measured from the R.O.W. Adjacent to Business District type uses within the Business and Industrial/Commerce (l/C) Districts, trees will be native, xeric, or naturalized canopy trees, spaced at 25' O.C., planted at an initial height of 12' O.A., with a 6' spread. At the time of individual lot improvements, hedges will be placed at parking lot edges to satisfy the requirements of LDC Section 2.4.7.4. Adjacent to industrial type uses within the Industrial/Commerce District, trees will be native, xeric or naturalized canopy trees, spaced at 25' O.C., planted at an initial height of 12' O.A, with a 6' spread. Trees will be placed on a berm, 3 feet high and supplemented with a 5 foot high hedge consisting of but not limited to the following plant material: coco plum, viburnam, ficus. The intent will be to obtain 80% opacity within one year of planting for travelers on Goodlette-Frank Road. Landscape buffers surrounding the perimeter of the park will be installed at the time of subdivision improvement per construction phase. The buffers are referenced on Exhibit B, and proceed in a clockwise direction from the northeast comer of the project as follows: The landscape buffer along the eastern most property boundary, north of the preserve area, as depicted on Exhibit B, shall consist of an Alternative "A" type buffer. Any preservation areas within this buffer may be credited toward buffering requirements. The preserve area along the balance of the eastern most property boundary will serve as the buffer between uses. 2-I0 The Developer will provide a five feet (5') wide Alternative "A" type buffer with trees planted fifty feet (50') on center between the business u~ and the preserve/lake area, as depicted on Exhibit B. e The Developer will provide a five feet (5') wide Alternative "A' type landscape buffer with trees planted fifty feet (50') on center along the eastern property boundary contiguous to the Collier County Sewage Treatment Plant. The landscape buffer along the southern most property boundary, east of Goodlctte-Frank Road, shall be a five feet (5') wide Alternative "A' type buffer with trees planted fifty feet (50') on center. An opaque hedge six feet (6') high will be planted to supplement the existing oak tree buffer planted by the County at the Collier County Sewage Treatment Plant. The existing landscape berm/buffer from Goodlette Frank Road to the west side of the Pine Ridge Drainage Easement will be supplemented as follows: a type "A" buffer along the proposed lake; and the remaining area westward of the lake will be supplemented to consist of 50 sabal palms, 8'-14' O.A. and 4 Ficus nitida 12'-13' O.A. and 6'-$' wide: locations to be coordinated with the adjacent property owner. The Developer will provide a ninety percent (90%) opaque landscape buffer and berm between the I/C District and the Pelican Marsh PUD from the west side of the Pine Ridge Drainage Easement to the existing berm to the west, that approximates the existing Pelican Marsh berm/buffer. This buffer will be installed concurrent with any I/C construction west of the Pine Ridge Drainage Easement. The buffer shall meet ninety percent (90%) opacity within one (1) year of planting. The Developer will supplement with additional trees the buffer along the remaining portion of the southern property line westward to achieve a ninety percent (90%) opaque buffer. This buffer will be installed concurrent with any tlc construction west of the Pine Ridge Drainage Easement. The landscape buffer between the l/C District and the adjacent Agricultural District along the southern portion of the western property line will be an Alternative "A' type buffer. I0. The landscape buffer between the R.O.W. and the adjacent Agricultural District to the west will be an Alternative "A" type buffer and be incorporated into the R.O.W. 2-11 2.2O D. Maximum fence or wall height internal to the PUD: Twelve feet (12'). Landscape burl'ers, ben'ns, fences and walls will be constructed along the perimeter of the Creekside Commerce Park PUD boundary concurrent with subdivision and site development construction phase, except where noted in this document. Sidewalks, water management systems, drainage structures, and utilities may be allowed in landscape buffers pursuant to review and approval of the Development Services Administrator. Landscape berms located within the Creekside Commerce Park PUD boundary and contiguous to a property line and/or fight, of-way line may be constructed such that the toe of slope is located on the property line and/or encroaches into the right-of- way line when approved by the applicable owner or agency. SIGNAGE ge GENERAL Pursuant to Section 2.5.5.2.3.7. of the LDC, the following conditions provide for the required comprehensive sign plan for the Creekside Commerce Park 2. Each platted parcel shall be considered a separate parcel of land. Signs and decorative landscaped entrance features within a County dedicated fight-of-way, shall require a right-of way permit subject to the review and approval of the County. 4. Ail signs shall be located so as not to cause sight line obstructions. PARK ENTRY SIGNS Major park entry signs shall be located as depicted on Exhibit B. Each sign will not exceed 160 square feet in size on any side and signs will be no longer than 25 feet in length and 8 feet in height. Minor park entry signs shall be located as depicted Exhibit B. Each minor monument sign will not exceed I00 square feet in size on any side. Minor monument signs will be no larger than 20 feet in length and 6 feet in height. INTERNAL SIGNS 2-12 · USER 1. Directional or identification signs are allowed within the business park. Such signs may be used to identify the location or direction of approved uses such as sales centers, information centers, etc. Individual signs may be a maximum of 4 square feet per side in size, or signs maintaining a common architectural theme may be combined to form a menu board with a maximum size of 25 square feet per side, and a maximum height of 8 feet. No building permit is required unless such signs are combined to form a menu board. ~ Grand Opening signs: The Developer or parcel owner may display an on- site grand opening sign not exceeding 32 square feet on a side, and not exceeding 64 square feet total. Banner signs shall be anchored and may be displayed on-site for a period not exceeding 14 days within the first three months that the Developer/occupant is open for business. SIGNS Wall, mansard, canopy or awning signs: One wail, mansard, canopy or awning sign may be permitted for each single-.occupancy facility, or for each establishment in a multiple-occupancy facility. Comer units within multiple-occupancy facilities, or multi-frontage single-occupancy facilities shall be allowed two signs, but such signs shall not be combined for the purpose of placing the combined area on one wall, However, the combined area of those signs shall not exceed the maximum allowable display area for signs by this ordinance. a) The maximum allowable display area for signs may not be more than ! 5 percent of the total square footage of the visual facade of thc building to which the sign will be attached and may not, in any case, exceed 200 square feet in area for any sign. Monument and Pole signs: One (1) monument or pole sign is permitted for each lot or parcel for each external and internal road frontage(s). a) Maximum allowable sign area: 60 square feet per side, if two- sided b) Maximum allowable height: 15 feet for pole signs, 8 feet for monument signs. c) Internal road frontage setbacks: A minimum of fifteen feet (15') from the edge of pavement. Signs may encroach within the right- of-way subject to maintaining safe site distance triangles as per Section 2.4.4.16. of the LDC and when approved by the 2-13 Community Development and Administrator and applicable utility. Environmental Services d) External road frontage setbacks: Pole signs shall be setback from any external right-of, way in accordance with the applicable section of the LDC. Monument signs may be permitted closer to the right- of-way subject to maintaining safe site distance triangles as per Section 2.4.4.16. of thc LDC and when approved by the Community Development and Environmental Services Administrator and applicable utility. e) Spot or floodlights may be permitted provided said light shines only on the signs or landscaping and is shielded from motorists and adjacent residents. f) Should the U.S. Postal Service purchase or lease land within Creekside Commerce Park, in addition to the user signs as permitted herein, they will be allowed one sign between Immokalee Road and the proposed lake adjacent to the wesl entry. TRAFFIC SIGNS Traffic signs such as street name signs, stop signs, speed limit signs, etc. may be designed to reflect a common architectural theme, in accordance with Section 3.2.8.3.19. of the LDC. 2.21 GENERAL PERMITTED USES Certain uses shall be considered general permitted uses throughou~ the Creekside Commerce Park PUD except in the Preserve Area. General permitted uses are those uses which generally serve the Developer and tenants of Crcekside Commerce Park and are typically part of the common infrastructure. B. General Permitted Uses: 1. Essential services as set forth under LDC, Section 2.6.9.1. 2. Water management facilities and related strucRugs. 3. Temporary sewage treatment facilities. Lakes including lakes with bulkheads or other architectural or structural bank treatments. 2-14 10. 11. 12. Guardhouses, gatehouses, and access control structures. Temporary construction, sales, and administrative offices for the E)=veloper and Developer's authorized contractors and consultants, including necessary access ways, parking areas and related uses. Landscape features including, but not limited to, landscape buffers, berms, fences and walls subject to the standards set forth in Section 2.11 of this PUD. Fill storage subject to the standards set forth in Section 2.7 ofthis PUD. Site filling and grading as set forth in Section 2.7 ofthis PUD. Any other use which is comparable in nature with the foregoing uses and which the Community Development and Environmental Services Administrator determines to be compatible. Sidewalks may occur within County required buffers if approved by thc Community Development and Environmental Services Administrator. Standards for parking, landscaping, signs and other land uses where such standards are not specified herein are to be in accordance with the LDC provision in effect at the time &Site Development Plan Approval. Creekside Commerce park shall be permitted to d~velop with a maximum of 40 percent commercial uses. Commercial use~ are defined as offices, health services, medical clinics, financial institutions, fitness centers, child care centers, r~aurants and retail sales in accordance with Section 3.3. C.2. hereof. 3.1 3.2 SECTION III INDUSTRIAL/COMMERCE DISTRICT PURPOSE The purpose of this Section is to identify permitted uses and development standards for areas within Creekside Commerce Park designated on the Mas~er Plan as "I/C". GENERAL DESCRIPTION Areas designated as "I/C" on the PUD Master Plan are intended to provide a maximum of 620,000 square feet ofgross floor area of indus,'iai/commerce uses on 44.2+ net acres. The floor area ratio (FAR) for the designated indus~al land uses shall not exceed .3S. 3.3 PERMITTED USES AND STRUCTURES No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or part, for other than the following: ge The permitted principal uses and structures will generally consist of light manufacturing, wholesale, warehouse, processing and packaging, laboratories and clinics, research, design and product development, business services and corporate offices and headquarters. e Aircraft Parts and Auxiliary Equipment (Group 3728) Apparel and Other Finished Products (Groups 2311-2399) Building Contractors (Groups 1521-1542), except for general contractors for mobile home repair on site., modular housing and premanufactured housing assembled on site., dry cleaning plant construction, paper pulp mill consm~on, and truck and automobile assembly plant construction. Business Services (Groups 7311-7313, 7319, 7322, 7323, 7331-7338, 7352, 7359-7389 except for industrial track rental and leasing; plants, live: rental and leasing; toilets, portable: rental and leasing; employment agencies, except theatrical and motion picture; labor contractors (employment agencies) model registries; labor pools; manpower pools; modeling service; dogs, rental of: for protective service; automobile recovery service; automobile repo~ion service; bartering services for businesses; bondspersons; bottle exchanges; check validation service; contractors disbursement control; filling pressure containers (aerosol) with hair spray, insecticides, etc.; fire extinguishers, service of gas systems, contract conversion from manufactured to natural gas; metal slitting and shearing on a contract or fee basis produce weighing service, not connected with transportation; scrap s~eel cutting on a contract or fee basis; solvents 3-1 recovery service on a contract or fee basis; tobacco sheeting service on a contract or fcc basis) 5. Child Day Care Services (Group 8351) 6. Communications (Groups 4812-4899 not including major communications towers related to cellular phone service, radio broadcasting, television broadcasting, radar or telephone service) 7. Computer and Office Equipment (Groups 3571-3579) 8. Construction; Special Trade Contractors (Groups 1711-1799 except for boiler erection and installation contractors; drainage system installations, cesspool and septic tank contractors; fuel oil burner installation and servicing contractors; gasoline hookup contractors; sewer hookups and connection for buildings contractors; epoxy application contractors; flreprootlng buildings contractors: gasoline pump installation contraclors: lead burning contractors; and mobile home site setup and tie down contractors) 9. Depository and Non-Depository Institutions (Groups 6011-6163) 10. Drugs and Medicines (Groups 2833-2836, except for adrenal derivatives: bulk, uncompounded; barbiturlc acid and derivatives: bulk, uncompounded; cocaine and derivatives; codeine and derivatives; gland derivatives: bulk, uncompounded; mercury chlorides, U.S.P; mercury compounds, medicinal: organic and inorganic; morphine and derivatives; opium derivatives) Il. Educational Services (Groups 8249-8299 except construction equipment operation schools; truck driving schools; automobile driving instruction; survival schools; vocational counseling) 12. Electronics and Other Electrical Equipment Manufacturing (Groups 3612, 3613, 3624, 3625, 3631, 3641-3676, 3678, 3679, 3694, 3695, 3699, except for airport lighting transformers, autotransformers, electric (power transformers) distribution transformers, electric; electric furnac~ transformers; lighting transformers, street and airport; transformers, reactor. atom smashers (particle accelerators; electron beam metal cutting, forming, and welding machines; electron linear accelerators; electrostatic particle accelerators)) 13, Engineering, Accounting. Research, Management and Related Services (Groups 8711-8748 except chcmlcal laboratories, commercial research; automobile rnovin8 and lestin8 grounds; metallurgical testing laboratories: pollution testing, except automotive emissions testing: radiation dosimetry laboratories; seed testing laboratories: veterinary testing laboratories) 14. Fabricated Metal Pro(fuels ('Groups 341 !-3432, 3442. 3444. 3446, 3452, I 5. Fumttwc and Ftxtm~ Mamffectt~ {Caou~ 1511-1599) I6. Oovemment Offlces/~utfdings (Groups 9111-9199, 921!1, 9221!, 9224-9229, 9311,9451, 9511-9532, 9611,9631.9661) 17. Industrial and Commercial Machinery (Groups 3524, 3546, 3553-3556, 3559, 3562, 3564-3566, 3581-3599 except for bronzing and dusting m :h m tra ; rom,by typ rot pm, 12B1 slugs printers'; ammunition and explosives loading machinery: brick making machines; cement making machinery; chemical kilns; control rod drive mechanisms for use on nuclear reactors: foundry, machinery, and equipment; frame straighteners, automotive (garage equipment): fur sewing machines; ginning machines, cotton; metal finishing equipment for plating, except rolling mill lines; metal pickling equipment, except rolling mill lines) 18. Leather and Leather Products (Groups 313 I-3199) 19. Measuring, Analyzing, and Controlling Instruments; Photographic, Medical and Optical Goods: Watches and Clocks Manufacturing (Groups 3812-3843, 3845-3873) 20. Membership Organizations (Groups 8611-8631) 21. Miscellaneous Manufacturing Industries (Groups 3911-3999 except for dressing of furs: bleaching, blending, cutting, scraping, and tanning; feathers: curling, dyeing, and renovating - for the trade; fur stripping; furs dressed: bleached, curried, scraped, tanned, and dyed; pelts: scraping, cutting, tanning, bleaching and dyeing; plumes, feather; tear gas devices and equipment; veils made of hair) 22. Motion Picture Production (Groups 7812-7819) 23. Motor Freight Transportation (Groups 4214, 4215) 24. Packing and Crating (Group 25. Paper and Allied Products (Groups 2652-2657, 2673-2679) 26. Personal Services (Groups 7213, 7216, 7219, 7221 ) 27. Physical Fitness Facilities (Group 7991) 28. Plastic Materials and Synthetics (Groups 2833,2834) 29. Printing, Publishing and Allied Industries (Groups 271 !-2791) 30. Professional Offices: including but not limited to, Travel Agencies (Group 4724); Insurance Agencies (Group 6411); Insurance Carriers (Groups 6311- 6399); Real Estate (Groups 6512, 6514, 6517, 6519, 6531, 6541, 6552,) 31. Rubber and Miscellaneous Plastic Products (Groups 3021, 3085, 3086, 3088, 3089) 32. Transportation Equipment (Group 3732, except for boats, fiberglass: building and repairing; boats: motorboats, sailboats, rowboats, and canoes - building and repairing; houseboats, building and repairing; motorboats, inboard and outboard: building and repairing) 33. United States Postal Service (Group 4311) 34. Warehousing and Storage (Group 4225, 4226, 5014 except oil and gas storage, petroleum and chemical bulk stations and automobile dead storage) Only one (1) self storage use allowed to be located adjacent to the Collier County Sewage Treatment Plant. 35. Wholesale Trade-Durable Goods (Groups 5021-5031, 5043-5049, 5063- 5074, 5078, 5091, 5092, 5094-5099 except for fencing, wood-wholesale: lumber: rough, dressed, and finished-wholesale; batteries, except automotive-wholesale; storage batteries, industrial-wholesale; unit substations-wholesale; boilers, power: industrial-wholesale; boilers, steam 3.4 1281 36. 37. and hot water heating-wholesale: burners, fuel oil and distillate oil- wholesale; oil burners-whole.lc) Wholesale Trade-Nondurable Goods (Groups 511 I-5143.5 ! 45. 5147-5 ! 49, 5192, 5199 except for cats-wholesale; charcoal-wholesale; dogs-wholesale; fish, tropical-wholesale; furs, dre.~-'d.wholesale; greases, animal and vegetable-wholesale; ice, manufactured or natural-wholesale, leather and cut stock-wholesale; linseed oil-wholesale; oils, except cooking: animal and vegetable-wholesale; oilseed cake and meal-wholesale; rubber, crude- wholesale; sawdust-wholesale; vegetable cake and meal-wholesale; wigs- wholesale; worms-wholesale) Any other use or service which is comparable in nature with the foregoing uses and is otherwise clearly consistent with the intent and purpose statement of the District and which the Community Development and Environmental Services Administrator determines to be compatible in this District. Restricted Principal Uses The following medical related uses must be located within a 1/4 mile radius of the hospital property boundary. 1. Health Services, medical clinics and offices (Groups 80114049) Medical Laboratories and research and Rehabilitative Centers (Groups 8071-8092, 8099) Any other use or service which is comparable in nature with the foregoing uses and is otherwise clearly consistent with the intent and purpose statement of the District and which the Community Development and Environmental Services Administrator determines to be compatible in this District. Permitted Accessory Uses and Structures: Uses and structures that are accessory and incidental to uses permitted in this district. Retail and wholesale sales and/or display areas as accessory to the principal use, not to exceed an area greater than forty percent (40%) of the gross floor area of the permitted principal use. DEVELOPMENT STANDARDS A. Minimum Lot Area: 20,000 S.F. Do ao 12B1 Minimum Lot Width: 100 FT. Minimum Yard Requirements: Front Yard, adjacent to Immokalee Road or Goodlcuc-Frank Road: Fifty feet (5o') Front Yard, Internal: Thirty feet (30') Side Yard: Ten feet (10') Five feet (5') to internal property line along Pine Ridge canal drainage easement and FP&L easement o Waterfront: Zero feet (0') to bulkhead or dp-rap at top of bank, otherwise t,,~nty feet (20') 5. Rear Yard: Twenty-five feet (25') Minimum Building Setback from Perimeter Boundary of PUD: Filty feet (50') Maximum Height: Thirty Five Feet (35'), including silos, storage tanks, elevator towers, satellite dishes, antennas, etc. Outside storage or display shall be permitted and shall be screened from all internal and external public roadways with a fence or landscaping equivalent or combination thereof. Said fence, wall or landscaped screen shall be opaque in design. All manufacturing operations and equipment, including accessory process equipment such as compressors and air handlers shall be comained in an enclosed structure. All industrial building sides visible from roadways internal or external to the park shall have the appearance of a concrete material, such as, but not limited to, block. brick, tilt up concrete panels, stucco on lathe systems, etc. Corrugated steel sides visible from said roadways are prohibited; as well as exposed metal siding on any building west of Goodlette Frank Road. Business District type uses located within the I/C District along Goodlctte-Frank Road will meet the Collier County Architectural Guidelines in Division 2.8. of the LDC. Industrial type uses abutting Goodlette-Frank Road shall meet the requirements of Section 2.19.B.3 hereof, alternatively, said uses shall have the option of utilizing the landscaped buffer applicable to business uses fronting Goodlette-Frank Road, provided the portion of the building facing Goodlette-Frank Road meets the following Architectural Guideline Sections of the LDC, therefore satisfying the 3-5 Le Mo 12B1 intent of the building design section of the Architectural Guidelines in the opinion of the Community Development and Environmental Services Administrator: 1. Section 2.8.3.5.1., Purpose and Intent 2. Section 2.8.3.5.4. Facade Standard 3. Section 2.8.3.5.6, Project Standards 4. Section 2.8.3.5.7.. Detail Features except for 2.8.3.5.7.2. 5. Section 2.8.3.5.12. Loading Areas: Buildings west ofthe Pine Ridge canal and adjacent to the Pelican Marsh boundary shall orient loading docks to the north, east or west. Noise: Uses within the l/C District shall not exceed 65 dBA between the hours of 7 a.m. and 10 p.m. Monday through Saturday, and 60 dBA after 10 p.m. to 6:59 a.m. and all of Sundays, as measured at the property boundary of the land use from which the sound emanates. Odor: No business shall cause or allow the emission of odorous air from any single source such as to result in odors which are detectable outside the parcel boundaries. Best practical treatment, maintenance, and control currently available shall be utilized in order to maintain the lowest possible emission of odorous air. Lighting: Lighting shall be located so that no light is aimed directly toward a property designated residential if lighting is located within 200 feet of residential properly. Light fixtures within parking areas shall not exceed 25 feet in height. Emissions: All sources of air emissions shall comply with rules set forth by the Environmental Protection Agency (Code of Federal Regulations, Title 40) and the Florida Department of Environmental Regulation (Florida Administrative Code, Chapter 17-2). No person shall operate a regulated source of air emissions without a valid operation permit issued by the Department of Environmental Regulation. 3-6 12B1 SECTION IV BUSINESS DISTRICT 4.1 PURPOSE The purpose of this section is to identify permittcd uses and devclopmcnt standards for areas within Creekside Commerce Park designated on the Master Plan as "B". 4.2 GENERAL DESCRIPTION Areas designated as "B" on the PUD Master Plan are intended to provide a maximum of 190,000 square feet of floor area, including approximately 150,000 square feet of office uses and 40,000 square feet of retail uses on 17.0:t: net acres. The floor area ratio (FAR.) for the designated business land uses shall not exceed .35. 4.3 PERMITYED USES AND STRUCTURES No building or structure, or part thereof, shall be erected, altered or used. or land used. in whole or part, for other than the following: A. Permitted Principal Uses and Structures: Building Contractors (Groups 1521-1542), except for general contractors for mobile home repair on site, modular housing and premanufactured housing assembled on site, dry cleaning plant construction, paper pulp mill construction, and truck and automobile assembly plant construction. Business Services (Groups 7311-7313, 7319, 7322, 7323, 7331-7338, 7352, 7359-7389 except for industrial track rental and leasing; plants, live: rental and leasing; toilets, portable: rental and leasing; employment agencies, except theatrical and motion picture; labor contractors (employment agencies) model registries; labor pools; manpower pools; modeling service; dogs, rental of: for protective service; automobile recovery service; automobile reposse~ion service; bartering services for businesses; bondspersons; bottle exchanges; check validation service; contractors disbursement control; filling pre~ure containers (aerosol) with hair apray. insecticides, etc.; fire extinguishers, service of gas systems, contract conversion from manufactured to natural gas; metal slitting and sheafing on a contract or fee basis produce weighing service, not connected with transportation; scrap steel cutting on a contract or fee basis; solvents recovery service on a contract or fee basis; tobacco sheeting service on a contract or fee basis) 3. Child Day Care Services (Group 8351) o o 10. 12B1 11. 12. 13. 14. Convenience Store (Group 5411) and Gasoline Filling Station (Group 5:541) Only one (1) allowed. Communications (Groups 4812-4899), not including major communication towers related to cellular phone service, radio broadcasting, IcleviSion broadcasting, radar or telephone service. Depository and Non-Depository Institutions (Groups 601 !-6163) including automatic teller machines Drugs and Medicines (Groups 2833-2836 except for adrenal derivatives: bulk, uncompounded; barbituric acid and derivatives: bulk. uncompounded; cocaine and derivatives; codeine and derivatives; gland derivatives: bulk. uncompounded; mercury chlorides, U.S.P; mercury compounds, medicinal: organic and inorganic; morphine and derivatives; opium derivatives) Eating Places (Group 5812) not including fast food and drive-thru restaurants Educational Services (Groups 8249-8299 except construction equipment operation schools; truck driving schools; automobile driving instruction; survival schools; vocational counseling) Engineering, Accounting, Research, Management and Related Services (Groups 8711-8748 except chemical laboratories, commercial research; automobile proving and testing grounds; metallurgical testing laboratories; pollution testing, except automotive emissions testing; radiation dosimetry laboratories; seed testing laboratories; veterinary testing laboratories) Government Offices/Buildings (Groups 91 ! 1-9199. 9221. 9222. 9224-9229. 9311, 9451, 9511-9532, 9611,9631-9661) Professional Offices: Travel Agencies (Group 4724): Insurance Agencies (Group 6411); Insurance Carriers (Groups 6311-6399); Real Estate (Groups 6512-6515, 6517, 6519, 6531, 6541, 6552, 6553); Holding md Other Investment Offices (Groups 6712-6799); Attorneys (Group 81 i I) Physical Fitness Facilities (Group 7991) Any other use or service which is comparable in nature with the foregoing uses and is otherwise clearly consistent with the intent and purpose statement of the District and which the Community Development and Environmental Services Administrator determines to be compatible in this District. Restricted Principal Uses 4-2 4.4 The following medical related uses must be located within I/4 mile radius of the hospital pmperty boundary. Drug Stores and Proprietary Stores (Group 5912) Only one (1) drag store allowed. 2. Health Services, Medical Clinics and Offices (Groups g011-8049) 3. Medical Laboratories and research and Rehabilitative Centers (Groups 8071-8099) Any other use or service which is comparable in natur~ with the foregoing uses and is otherwise clearly consistent with the intent and purpose statement of the District and which the Community Development and Environmental Services Administrator determines to be compatible in this District. C. Permitted Accessory Uses and Structures Accessory uses and structures customarily associated with principal uses permitted in this district. Retail and wholesale sales and/or display areas as accessory to the principal use, not to exceed an area grater than forty percent (40%) of the gross floor area of the permitted principal use. DEVELOPMENT STANDARDS A. Minimum Lot Area: 20,000 S.F. B. Minimum Lot Width: 100 FT. C. Minimum Yard Requirements: 1. Front Yard, Immokalee and Goodlette-Frank Roads: Fifty feet (50') 2. Front Yard, Internal Roads: Thirty feet (30') 3. Side Yard: Ten feet (I 0') Five feet (5') to internal property line along the Pine Ridge canal drainage easement and FP&L easement o Waterfront: Zero feet (0') to bul 'khead or rip-rap at top of bank, otherwise twenty feet (20') 4.3 5. Rear Yard: Twenty-five feet (25') 6. Minimum Building Setback from Perimeter Boundary of PUD: Fifty feet (50') for buildings up to thirty five feet (35') in height. b) Three additional feet (3') for every one foot of building height over thirty five feet (35') adjoining residential districts. Maximum Height: Three stories over parking to a maximum of fifty feet (50') for buildings within I/4 mile of the hospital property boundary except that no structure shall be greater than thirty-five feet (35'), on proper~y west of the Pine Ridge Drainage Easement. Commercial design guidelines for facilities in the Business District shall be ~ubject to the pmvisiom of Division 2.8. Architectural and Site Design Standards and Site Design Standards for commercial buildings and projects, Outside storage or display shall be permitted and shall be screened from all internal and external public roadways with a fence at least seven feet in height above ground level, or landscaping equivalent or combination thereof. Said fence, wall or landscaped screen shall be opaque in design. 121 1 4-4 He me Ve SECTION V PRESERVE AREA PURPOSE The purpose of this Section is to identify permitted uses and development standards for the area within Creekside Commerce Park, designated on the Master Plan, as Preserve Area. GENERAL DESCRIPTION Areas designated as Preserve Area on the Master Plan are designed to accommodate natural systems existing or created as preserves and limited water management uses and functions. PERMITTED USES AND STRUCTURES 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: A. Permitted Principal Uses and Structures I. Boardwalks and nature trails (excluding asphalt paved trails). 2. Water management facilities. o Any other preserve and related open space activity or use which is comparable in natu~ with the foregoing uses and which the Development Services Director determines to be compatible in the Preserve Area. PRESERVE DISTRICT PRESERVATION EASEMENT A non-exclusive preservation easement or tract is required by LDC Section 3.2.8.4.7.3. for preservation lands included in the Preserve Area. The Developer, its successor or assign shall be responsible for the control and maintenance of lands within the Preserve Area. Exact loeation/~undary of the Preserve Area will be determined during the development permitting prtr,.ess with the South Florida Water Management District, Army Corps of Engineers, and Collier County. PRESERVE AREA ADJUSTMENTS 12[ 1 ' The proposed native vegetation retention areas, depicted on the Creekside Commerce Park Mas~cr Plan, ar~ intended for meeting the native vegetation requirements of the Collier County Growth Management Plan and the Collier County LDC. Adjustments may be made to the location of the preservations areas at the time of preliminary plat or site development, plan approval. If adjustments are needed, per the Collier County LDC the Developer will have the option to increase the preservation in another ar~a, enhance and preserve another area, or provide increased nmive landscape per the Collier County LDC. The proposed preservation areas, including 2.9 acres of w~tlands and 4.1 acres of uplands, depicted on the Creekside Commerce Park master plan, are areas where the native vegetation requirements may be met as set forth in the Collier County LDC. Illl I'l .~11 STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIG"HT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida do hereby certify that ~he foregoing is a true copy of.. ORDINANCE NO. 97-51 Which was adol~ted by the Board of County Commissioners on the 21st day of Octol:~r, 1997, during Regular Session. . ..WITNESS ~ ~d and the official seal of the Board of County Commissioners of Collier County, Florida, this 24th day of September, 1997. DWIG'AT E BROCK · Clerk of Courts end'Clerk ,~' .. .... Ex-off~cio to Board_~of . .. ,..' · County Co,~esione~s .... . By: Ellie Hoffman .~.,~ .. '-... ~ u~ 0 0 12C 1 "~""~ &A~ofmypenon(s)~obe notifledbyClerk's~: ~ ~ce is needed, a~nch septrate sbe~) N/A ~ ~He.~ dart.. 0hsed on advtflhen~'n: sppari~ 10 day, beror, htari~.) Oc~t~ 21. if m~ & proposed he.-lng daM: N/A · Doesp~qitionFeeinchide~cost?rNYes X No lfYe~ what account thould be charged for adverfisi~ ~s: I01- 163610-648110 Al~mved !~. DI~N'RrB~ON INSTRUCTIONS For hearhtp before BC~ or BZA: lnMatht[ person to complete one coy and obtfdn DIvlon Read approval before submiRInttoCoun~Mattt~r. Note: Irlep] document b involv~ be sure that asTneemsar,yleplrevlew, o~request for same, b submRted to County Attorney l~d'o~ submltfln~ t~ Cou~ ManMm'. TIM Manager's office will distribute [2] C~nt~ Manattr atenda file: to Oerk's Oflq~ FOR CLi:R]CS OFFICE USE ONLY: . ]:M, ~.i,,d: ~///~n~' t~ of~ b~b~ ,',~1'/,,~"/ ~ ~~ I~1~ iiililllllllllllllillillllllllllililillililli|illlillilillllilli (82.3) 7'/,~-.8408 , (83.3) 77~-8~06 nm~t:~ · sant:= September 18, 1997 Ms. Judith Flanagan Naples Daily News 1075 Central Avenue Naples, Florida 34102 Re: Notice of Public Hearing to Consider the Creation of the Radio Road Beautification Advisory Committee Dear Judi: Please advertise the above referenced notice one time on Friday, October 10, 1997, and kindly send the Affidavit of Publication, in duplicate, together with charges involved to this office. Th-~k you. Sincerely, Ellie Hoffman, Deputy Clerk Charge to: 101-163610-648110 NOTICE OF INTENT TO CONSIDER ORDINANCE Notice is hereby given that on TUESDAYf OCTOBER 21f 1997~ in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida, the Board of County Commissioners will consider the enactment of a County Ordinance. The meeting will commence at 9:00 A.M. The title of the proposed Ordinance is as follows: AN ORDINANCE CREATING THE RADIO ROAD BEAUTIFICATION ADVISORY COMMITTEE; PROVIDING FOR APPOINTMENT AND COMPOSITION; SETTING FORTH THE TERMS OF OFFICE; PROVIDING FOR REMOVAL FROM OFFICE, FAILURE TO ATTEND MEETINGS; PROVIDING FOR OFFICERS, QUORUM, RULES OF PROCEDURE; PROVIDING FOR REIMBURSEMENT OF EXPENSES; SETTING FORTH THE FUNCTIONS, POWERS AND DUTIES OF THE COMMITTEE; SETTING FORTH THE DUTIES OF THE COUNTY ADMINISTRATOR OR HIS DESIGNEE; PROVIDING FOR REVIEW PROCESS; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN CODE OF LAWS AND ORDINANCES; AND PROVIDING AN EFFECTIVE DATE. Copies of the proposed Ordinance are on file with the Clerk to the Board and are available for inspection. All interested parties are invited to attend and be heard. Any person who decides to appeal a decision of the 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 based. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA TIMOTHY L. HANCOCK, CHAIRMAN DWIGHT E. BROCK, CLERK /s/Ellie Hoffman, Deputy Clerk (SEAL) ORDXI~C~ NO. g?- AN ORDI~TC~ CI~TIN~ T~E PJtDIO ROAD BF~%UTIFICATION ADVISOR~ COMMITTEE; PRO%~XDING FOR /~POINTMENT AND COMPOSITION; SETTIt~ FORTH T~ TEI~ OF OFFICE; PRO~DIN(~ FOR FRO~ OFFICE, F~LUt~ TO AT~ PROVIDIN~ FOR OFFICE~, QUORUM, RULES OF PROCEDUI~E; PROVIDIN~ FOR REIMBUP~ OF E~ENSES; ~/'TTIN~ FORTH Tw~ P~]NCTIO.NS, POWERS AND DUTIES OF THE C0t~'x'x~us~ SETTING FORTH THE DUTIES OF THE COL~ ~%DMINISTI~AT~R OR BIS DESI~EE; PI~VIDIN~ FOR P~EW PROCESS; PRON"XDING FOR CO~ICT AND BL"FEI~B ILI TT PROVIDIN~ FOR INCLUSION IN CODE OF ORDINANCES; ~ PRON"/DING ~uN EFFECTIVE DATE. 12C WHEREAS, Collier County Ordinance No. 86-41, as amended, sets forth the requirements for creating County Advisory Boards; and WHEREAS, Collier County Ordinance Nc. 96-84 created the Radio Road Beautification Municipal Service Taxing Unit in Collier Count~% Florida; and WHEREAS~. the- Board of County Commissioners desires to establish an advisory committee to advise th~ Board of County Commissioners on matters pertaining to the Radio Road Beautification Municipal Service Taxing Unit (MSTU). NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA: EECTION O1TE. Creation of the Radio Road Beautification the "Co~.~ittee". SECTION TWO. Advisox-FC~ittee. There is hereby created and established the Radio Road Advisory Committee, hereinafter referred to as A~ointmmnt and Co~osition. A. The Committee shall consist of fiv~ (5) members which generall~ reprcsem~ ~he area wi%bin the Radio Road Beautification Municipal ~ervice Taxing Unit as said MSTU is described in Collier County Ordinance No. 96-84. 1 12C Members of the Committee shall be appointed by and serve 1 at the pleasure of the Board of County Commissioners. Said members shall be permanent residents within =he HSTU and electors of Collier County. The Board shall consider appointment of members from different subdivisions or communities within the MSTU. C. Appointment of members to the Committee shall be by resolution of ~he Board of County Commissioners, which resolution shall set forth the date of appointment and the term of office. S~CTIONTHRE~. Tez~s of Off~oe. The initial terms of office of the Committee shall be as follows: Ae years. B. (3) years. C. One Two (2) members shall be appointed for a term of two (2} Two (2) members shall be appointed for a term of three (1) member shall be appointed for a term of years. Thereafter, each appointment or reappointment shall be for a term of four (4) years. Appoint~ents to fill any vacancies on the Committee shall be for the remainder of the unexpired term of office. SECTION FOUR. Removal from off~e; Failure to &t~nd mee~L~n~mt A. Any member of the Committee may be removed from office with or without cause by a majority vote of the Board of County Commissioners. B. If any member of the Committee fails to attend two (2) consecutive Committee meetings without a satLsfactory excuse or if a member is absent for more Ithan one-half of the Committee~s meetings in a ~iv~n fiscal year, the Committee shall recommend -2. the member's seat to be declared vacant and if approved, the vacancy shall be filled by the Board of County Commissioners. C. In the uvent of a vacancy under this Section or by reason of the expiration of a term, then a new member will be appointed by the Board of County Commissioners after recommendation by the remaining members of the Committee. ~CTZONFIVE. Offioe=s~ ~uorum~ Rules of A. At its earliest opportunity, the membership of the Committee shall elect a chairman and vice chairman from among the members. Officers' terms shall be for one (1) year, with eligibility for re-election. B. The presence of three (3) or more members shall constitute a quorum of the Committee ne=essary to take action and transact business. C. The Committee shall, by majority vote of the entire membership, adopt rules of procedure for the transaction of bus[ness and shall keep a written record of meetings, resolutions, findings and determinations. Copies of all Committee ~nutes, resolutions, reports, and exhibits shall be submitted to the Board of County Commissioners. ~ECTIONSIX. Reimbursement of Ex~ensos. Members of the Committee shall serve without compensation, but shall be entitled to receive reimbursement for expenses reasonably incurred in the performance of the£r duties upon prior approval of the Board of County Commissioners. SECTION SEVEN. Funo~onst Powers &nd Dut~os of~./~e The functions, powers and duties of the Committee shall be as follows: A. To aid and assist the IBoard of County Commissioners in carrying out the ~purposes of providing curbing, watering -3- 12C facilities, plantings and maintenance of the median areas as set forth in Collier County Ordinance No. 96-84. B. To prepare and recommend to ~he Board of County Commissioners an itemized budget of the am6unt of money required to carry out the business of the Municipal Service Taxing Unit for the next fiscal year. In carrying out this responsibility, the Committee shall, no later than April 1't of each year,.meet with the County Administrator or his designee and outline to the County Administrator or his designee those projects which the Committee wishes to see accomplished during the next fiscal year. Based upon this information, the County Administrator or his designee shall prepare a proposed budget for the Municipal Service Taxing Unit, in accordance with the standard County guidelines regarding the preparation of budgets. This proposed budget shall then be reviewed by the Committee and upon approval by the Committee be transmitted through the County Administrator or his designee to the Board of County Commissioners for adoption in accordance with the procedures for the adoption of budgets set forth under general law and the Board of County Commissioners' policy. Should the Committee fail to approve a budget by June 1't of each year, the County Administrator or his designee shall be authorized to submit a proposed budget to the Board of County Commissioners. C. The priorities to Committee shall recommend work programs and the County Administrator or his designee in accordance with the adopted budget or budget amendments which may be adopted by the Board of County Commissioners. The execution of work programs shall be under the direct supervision and responsibility of the County Adm~inistrator or his designee. Said work may be performed under contract (in accordance with law) or by County forces. 1 D. The Committee may adopt and amend "Guidelines" to govern its operation and the operation of the Municipal Service Taxing Unit, subject to approval by the Board of County Commissioners. BECTIONEIG~T. D~ties of ~e Coun~Admi~istrato= o= hie DesAgnee. The duties of the County Administrator or his designee shall be: A. To administer the activities of the Municipal Services Taxing Unit in accordance with established polices of the Board of County Commissioners and guidelines adopted by the Committee. B. To prepare the annual budget in accordance with Section Seven, Paragraph B, above. C. To provide periodic written reports to the Committee, the County Administrator or his designee and the Board of County Commissioners of the activities of the Municipal Service Taxing Unit and its finances in accordance with established guidelines of the Board of County Commissioners or the Committee. D. Attend all Committee meetings. SECTION NINE. Review Process. This Committee shall be reviewed once every four (4) years commencing in , 2001, in accordance with the procedures contained in Collier County Ordinance No. 86-41, as amended, or its successor ordinance. SECTION TEN. Confl$ot and Severability. In the event this Ordinance conflict, with any other ordinance of Collier County or other applicable law, the more restrictive shall apply. If lany phrase or portion of this Ordinance is held invalid or unconstitutional by any court of competent Jurisdiction, such portion shall be deemed a separate, · 5' distinct and independent provision and such affect the validity of the remaining portion. SEC~I(~N holding shall not In~lusion In The Code Of L~ws And O=~inen~e-. The provisions of this Ordinance shall beuome 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 chan~ed to "section", "article", or any other appropriate word. ~EC"~ION ~EL%'E. Effective Date. This Ordinance shall become effective upon filing with the Secretary of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida this , day of 1997. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA Approved as to form and legal sufficiency: Heidi -F. Ashton - Assistant County Attorney f'./~'w/O~ln~nces/R~d[o Ro~d [~mutfflcntion Advisory Comen~tte~ By: TIMOTHY L. HANCOCK, Chairman - 6. 1 '1.20 Niq)L.~, FL 339~ Affidavit of I~bL~cltton N~pte~ I)e~ t¥ Nwa BOARD OF COt~ COI~X$$XOI~R$ ATTN: NANCY 1~).06Ua PO BOX 413O16 NAPLES FL ~101-30~6 REFERENCE: (:X)l Z30 1~116361C)6(81 57~74~3 NOTZCE OF ZItTEXT TO Stlte of FLortda Count-/of Cottteff B~fol~ th~ wYleritgned luthoe~ty, I~:~llf~d B. Lmlb, MIo of 1 Nth i~/O thor ~ Ill'vii ~ A~otitmnt Corpo~ite /.e~r~t-r'y of th~ I)BtLy INIt,, ii dmtt~, n~ p~bLtlhid it Nml)lel, 4n CoLLt~ Com~ty~ Ftc~tclm: thmt the oo~/of Idvertlitng ~ pubLteMcl tn M~tant further ~ ttwt th~ ~tcl IlgpL~ D~ Ly ~ hie h~etoforl ~ ~tt~ty ~tt~ tn ~td ~LLt~ ~ty, FL~t~, ~~~t~N~eLmmtt dtl~, ~te, m1~ ~ ~f~ for ~tt~tt~ tn t~ ~td ~r. 10/10 AD SPACE: 8&.CXX) XNCl4 FXLED oN: Io/lo/97 Signature o, Afftmt ORD~C~ NO. 97-52 AN ORDIIO~NCE CREATING THE RADIO ROAD BEAUTIFICATION ADVISORY C(H~I'~.u.-r.,~.,; PROVIDING FOR APPOINTMENT AND COHiK)SITION; SETTING FORTH TH~ TERMS OF OFFICE; PROVIDING FOR REMOVAL PEON OFFICE, FAILURE TO ATTEND ~TINGS; PROVIDING FOR OFFICERS, QUORUM, RULES OF PROCEDURE; PROVIDING FOR REIMBURSEMENT OF EXPENSES; SETTING FORTH THE FUNCTIONS, POWERS AND DUTIES OF THX CO~4ITTEE; SETTING FORTH THE DUTIES OF THE COUNTY ADMINISTRATOR OR HIS DESZGNE~; PROVIDING FOR REVIEW PROCESS; PROVIDING FOR CONFLICT AND SEVERABILITT; PROVIDING FOR INCLUSION IN CODE OF LAWS AND ORDIN&NCES; AND PROVIDING AN EFFECTIVE DATE. 1201 WHEREAS, Collier County Ordinance No. 86-41, as amended, sets forth the requirements for creating County Advisory Boards; and WHEREAS, Collier County Ordinance No. 96-84 created the Radio Road Beautification Municipal Service Taxing Unit in Collier County, Florida; and WHEREAS, the Board of County Commissioners desires to establish an advisory committee to advise the Board of County Commissioners on matters pertaining to the Radio Road Beautification Municipal Service Taxing Unit (MSTU). NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA: SECTION ONE. Creation of the Radio Road Bo&u~zLf~u~zLon Adviso~ Cc----4ttee. There is hereby created and established the Radio Road Beautification Advisory Committee, hereinafter referred to as the "Committee". SECTZONTWO. Al~Pointmentand Cc~osition. A. The Committee shall consist of five (5) members which generally represent the area within the Radio Road Beautification Municipal Service Taxing Unit as said MSTU is described in Collier County Ordinance No. 96-84. 12Cl B. Members of the Committee shall be appointed by and serve at the pleasure of the Board of County Commissioners. Said members shall be permanent residents within the MSTU and electors of Collier County. The Board shall consider appointment of members from different subdivisions or communities within the MSTU. C. Appointment of members to the Committee shall be by resolution of the Board of County Commissioners, which resolution shall set forth the date of appointment and the term of office. ~ECTIONTHREE. Tezms of Office. The initial terms of office of the Committee shall be as follows: A. Two (2) members shall be appointed for a term of two (2) years. B. Two (2) members shall be appointed for a term of three (3) years. C. One (1) member shall be appointed for a term of (4) years. Thereafter, each appointment or reappointment shall be for a term of four (4) years. Appointments to fill any vacancies on the Committee shall be for the remainder of the unexpired term of office. SECTION FOUR. Removal from offioe; F&ilure to attend mee~/n~n. Committee member attendance requirements, including failure to attend meetings-and member removal from office are governed by Ordinance No. 86-41, as amended, or by its successor ordi~a~ce. aCTI0~FIVE. Officers~,~uorum~,ltules,of Prooedure. A. At its earliest opportunity, the membership of the Committee shall elect a chairman and vice chairman from among the members. Officers' terms shall be for one (1) year, with eligibility for re-election. B. The presence of three (3) or more members shall constitute a quorum of the Committee necessary to take action and transact business. C. The Committee shall, by majority vote of the entire membership, adopt rules of procedure for the transaction of business and shall keep a written record of meetings, resolutions, findings and determinations. Copies of all Committee minutes, resolutions, reports, and exhibits shall be submitted to the Board of County Commissioners. SECTION SIX. Reimbursement of Ex~nses. Members of the Committee shall serve without compensation, but shall be entitled to receive reimbursement for expenses reasonably incurred in the performance of their duties upon prior approval of the Board of County Commissioners. ~ECTION SEVEN. Functionsr Powers ~ndDutiee of the The functions, powers and duties of the Committee shall be as follows: A. To aid and assist the Board of County Commissioners in carrying out the purposes of providing curbing, watering facilities, plantings and maintenance of the median areas as set forth in Collier County Ordinance No. 96-84. B. To prepare and recommend to the Board of County Commissioners an itemized budget of the amount of money required to carry out the business of the Municipal Service Taxing Unit for the next fiscal year. In carrying out this responsibility, -3- 12C1 the Committee shall, no later than April 1'~ of each year, meet with the County Administrator or his designee and outline to the County Administrator or his designee those projects which the Committee wishes to see accomplished during the next fiscal year. Based upon this information, the County Administrator or his designee shall prepare a proposed budget for the Municipal Service Taxing Unit, in accordance with the standard County guidelines regarding the preparation of budgets. This proposed budget shall then be reviewed by the Committee and upon approval by the Committee be transmitted through the County Administrator or his designee to the Board of County Commissioners for adoption in accordance with the procedures for the adoption of budgets set forth under general law and the Board of County Commissioners' policy. Should the Committee fail to approve a budget by June 1"~ of each year, the County Administrator or his designee shall be authorized to submit a proposed budget to the Board of County Commissioners. C. The priorities to Committee shall recommend work programs and the County Administrator or his designee in accordance with the adopted budget or budget amendments which may be adopted by the Board of County Commissioners. The execution of work programs shall be under the direct supervision and responsibility of the County Administrator or his designee. Said work may be performed under contract (in accordance with law) or by County forces. D. The Committee may adopt and amend "Guidelines" to govern its operation and the operation of the Municipal Service Taxing Unit, subject to approval by the Board of County Commissioners. ,,, be: The duties of the County Administrator or his designee shall A. To administer the activities of the Municipal Services Taxing Unit in accordance with established polices of the Board of County Commissioners and guidelines adopted by the Committee. B. To prepare the annual budget in accordance with Section Seven, Paragraph B, above. C. To provide periodic written reports to the Committee, the County Administrator or his designee and the Board of County Commissioners of the activities of the Municipal Service Taxing Unit and its finances in accordance with established guidelines of the Board of County Commissioners or the Committee. D. Attend all Committee meetings. SECTION N~. Review Prooess. This Committee shall be reviewed once every four (4) years commencing 2001, in accordance with the procedures contained in Collier County Ordinance No. 86-41, as amended, or its successor ordinance. SECTION TEN. Conflict and Severabilit~. In the event this Ordinance conflicts with any other · ~. ordinance of Collier County or other applicable law, the more restrictive shall apply. If any phrase or portion of this Ordinance is held invalid or unconstitutional by any court 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 portion. Znc~lus£on Zn The Coc~ O~ ~w~ And Oz'd.t.n~so~. 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. · ECTION TWELVE. Effective Date. This Ordinance shall become effective upon filing with the Secretary of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida this 21st day of October, 1997. AT E .~_.~ ~' Approved as to form and legal sufficiency: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA TIMOTHY ~. HANCOCK, Chairman Assistant County Attorney h'J~v~gk~fln~nc~ ~a~o Ro~d B~u~flc~o. Ad~7 Co.~c~ STATE OF FLORIDA) OF COLLIER) I, DWIOHT E. BROCK, Clerk of Courts in and for the Twentieth ~udicial Circuit, Collier County, Florida, do hereby certify ~ha~ the foregoing is a true copy of: ORDINANCE NO. 97-52 Whichwas adopted by =he Board of County Commissioners on the 21s= day of October, 1997, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 27th day of October, 299?. ,~.-..,* REQUEST FOR LEGAL ADVER.olN~ ur PUBLIC HEARINGS 12C-2 To: Clerk of the Board: Please place the following as a: I X/Normal Legal Advertisement / !-I/ Other:. (Display Adv., location, etc.) Dept/DIv: Transportation/Public Works Person: Rick Grigg Date: 09/04/97 (Sign clearly) Petition No. (If none, give brief description): AV 97-015 Petitioner:. (Name & address): Waterway Pointe LLC, 5870 Merve Hay Rd., Johnston, Iowa 50131 and Salgtn, Inc. c/o clausen Properties, Inc., 601 Elkcam Circle Suite A-1 P.O. Box 429, Marco Island, FL 34146 Name & Address of any person(s) to be notified by Clerk's Office: See attached list of property owners. (If more space needed, attach separate sheet) Heaflngbefore: /X/BCC I /BZA / IOther Requested hearing date: October 2~, 19'37 Based on advertisement appearing 15 days before hearing. ~ c:'T'. ~1 Newspaper(s) to be used: (Complete only if important /X/, /X/ Naples Daily News or legally required/X/) / / Other Proposed Text: (Include legal description & common locations & size): Petition AV 97-015 to vacate, renounce end disclaim the County's and the Public's rights and interests in all of Waterway Ddve and to vacate, renounce and disclaim the County's and the Public's rights and interests in the 20' wide drainage easement between Lots 1 and 2 and to vacate, renounce and disclaim the County's and the Public's dghts and interests in the 20' wide drainage easement between Lots 6 and 7, according to the Plat of 'A Replat of Tract 'L' Marco Beach Unit Six" as recorded in Plat Book 12, Pages 55 and 56, Public Records of Collier County, Flodda. ~ 'C°mpanion petition(s), if any, & proposed headng date: Does Petition Fee Include Advertising Cost? Yesj~J NoJ[~l If yes, what account should be charged for advertising costs 101-163610-649100 /~"". z~,~,~ ~f'~P ~'3 ~ Reviewed by: A.ol3roved by: Division Head Ed Ilschner Date County Administrator Robert F. Fernandez Date Ust Attachments: (1) Resolution (2) I:,~!ition (3) DISTRIBUTION INSTRUCTION~ For headnas before BCC or BZA: Initiating person to complete one copy and obtain Division Head approval before submitting to County Manager. Note: If legal documents Is involved, be sure that any necessary_ legal rev~,~w. re~.uest for same. is submitted to Coun .N Attorney before submlfftng to Coun .b/Manags,_-. The Manager's Office will distribute copies: B. /X/County Manager agenda file; /X/ Requesting Division; /X/ Odginal to Clerk's Office Initiating J~ to approve and submit original to Clerk's Office, retaining a copy for file. FOR CLERK'S OFFICE USE ONLy_ 3'11 89'Q5 16;16 ~13 ~ ~ ~:14 ~'59 ~14 ~ 15:~ ~81'~ ~~ 315 ~ 16:~ ~'~ ~1~3 316 ~18 1~:~ ~81'43 ~ 317 ~le 16: ~ 318 ~11 10:~ ~19 ~11 14:21 ~ ~12 10: ~ SeDtember 12, 1997 Ms. Judith Flanagan Naples l~ily News 1075 Central Avenue Naples, Florida 34102 Re: Notice of Public Hearing to consider Petition AV-97-015 Dear Judi: ~''Please advertise the above referenced notice two times, one time on Sunday, October 5, 1997 and one time on Sunday, October 12, 1997 and send the Affidavit of Publication, in duplicate, together with charges involved to this office. Sincerely, Sue Barbiretti, Deputy Clerk Encl. P.O. No. 700897 Notice is hereby given that the Board of County Commissioners of ~'=! Collier County, will hold a public hearing on TUESDAY, OCTOBER 21, m~R 1997, in the Boardroom, 3rd Floor, Adminis.tration Building, Collier m~-j- , county Government Cen. ter, 3301 East Tamiaml Trail, Naples, Florida. ~:' The meeting will begin at 9:00 A.M. The Board will consider []~i Petition AV-97-015, David C. Sneed of Kuhlman Engineering, Inc., as ~J~. ~ agent for the owners, Waterway Pointe, L.C., Salgin, Inc. and Marco ~]!~ Island Area Board of Realtors, Inc., requesting to.vacate, renounce and []~' disclaim the County's and the Public's rights and ~nterests in all of []~ Waterway Drive and to vacate, renounce and disclaim the County's and ~?' the Public's rights and interests in the 20' wide drainage easement ~!<l~~ between Lots I and 2 and to vacate, renounce and disclaim the County's ~i'~ and the Public's rights and interests in the 20' ~ide drainage easement ~,'/i~"'ii between Lots 6 & d 7, ac ording t~ .t "A Replat of Tract 'L' m~' Marco Beach Unit Six" as recorded in 56, of wide and 7,, according to the Plat of . Rep t S: x as record~ d n Plat .Book 12, Pages 55 and the Public Records of Collier county, Florida. _ All intereste.d parties are ~nvited to attend, to register to speak and to se]malt their objections, if any, in writing, to the Board prior to the public hearing] Any ~erson who deczdes to appeal a decision of the 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 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA CHAIRMAN EROCK. CLERK .~;iiii By. /s/Sue Sarbiretti, Deputy Clerk (snnm) Brock CLERK OF THE CIRCUIT NAPM~. FLORIDA ~,~941 ~ CIRCUIT COURT COUNIY COURT COUNTY RECORDER CLERK BOARD OF COUNTY COMMI~ION~ · .' "'SeDtember 12, 1997 ,~:~. Re: Notice of P~blic Hearing re Pe~i~ion AV-97-015 : ~ ~ogerty ~.~ .~ Please ~ a~is~ ~a~ ~he ~ve ,referenced ~ibion will . ..~.~ ...~.co~ered ~ the Boar~' 'of~Co~ty Co~issloners on ~es~y, h., . . ~?~o~r 21, 1997, as indicat~d on the enclose~"not~ce. "~'-" .. 1~al nobice ~erba~n~ng to ~=he' ~bition wi11;~ p~l~sh~ ~n ,~ -'~'.~he Na~les~ily Ne~ on S~day, 0choir 5,~ 1997 ~ S~day, ' Oc~o~r 12~ 1997. '. · .~ .You are invibe~ to at=end this p~lic hearing. Ve~ b~ly ~s, · DWIGHT E. BROCK, CLERK Sue Barbirebti, Deputy Clerk Encl. October 24, 1997 Ms. Judith Flanagan Naples Daily News 1075 Central Avenue Naples, Florida 34102 Re= Notice of Public Hearing to consider Petition AV-97-015 Dear Judi: Please advertise the above referenced notice one time on Sunday, Novem~her 2, 1997 and send the Affidavit of Publication, in duplicate, together with charges involved to this office. Sincerely, Sue Barbiretti, Deputy Clerk Encl. P.O. No. 800835 PUBLIC NOTICE Notice is hereby given that on the 21st day of October, 1997, the Board of County Commissioners of Collier County, Florida, adopted Resolution 97-402, re Petition AV-97-015 pursuant to Sections 336.09 and 336.10, David C. Sneed of Kuhlman Engineering, Inc., as agent for the owners, Waterway Pointe, L.C., Salgin, Inc. and Marco Island Area Board of Realtors, Inc., requesting to vacate, renounce and disclaim the County's and the Public's rights and interests in all of Waterway Drive and to vacate, renounce and disclaim the County's and the Public's rights and interests in the 20' wide drainage easement between Lots I and 2 and to vacate, renounce and disclaim the County's and the Public's rights and interests in the 20' wide drainage easement between Lots 6 and 7, according to the Plat of "A Replat of Tract Marco Beach Unit Six" as recorded in Plat Book 12, Pages 55 and 56, of the Public Records of Collier county, Florida. Resolution 97-402 may be viewed in the Office of the Clerk to the Board Office, Minutes & Records Department, 4th Floor, Administration Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA TIMOTHY L. HANCOCK, CHAIRMAN DWIGHT E. BROCK, CLERK By: /s/Sue Barbiretti, Deputy Clerk (SEAL) SeDtember 12, 1997 David C. Sneed Kuhlman Engineering, Inc. 2647 .vis Blvd. Naples, FL 34104 Dear Petxtion r: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, October 21, 1997, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, October 5, 1997 and Sunday, October 12, 1997. You are invited to attend this public hearing. Sincerely, Sue Barbiretti, Deputy Clerk cc: Salgin, Inc. Waterway Point, LLC September 12, 1997 Re: Notice of Public Hearing re Petition AV-97-015 Dear Property Owner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, October 21, 1997, as indicated on the enclosed notice. The legal notice pertaining to the petition will be published in the Naples Daily News on Sunday, October 5 1997 and Sunday, October 12, 1997. ' You are invited to attend this public hearing. Very truly yours, DWIGHT E. BROCK, CLERK Sue Barbiretti, Deputy Clerk Encl. September 12, 1997 Salgin, Inc. c/o Clausen Properties, Inc. 601 Elkcam Circle Suite A-l, P. O. Box 429 Marco Island, FL 34146 RE: Notice of Public Hearing to consider Petition AV-97-015 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, October 21, 1997, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, October 5, 1997 and Sunday, October 12, 1997. You are invited to attend this public hearing. Sincerely, Sue Barbiretti, Deputy Clerk Encl. cc: Kuhlman Engineering, Inc. Waterway Point, LLC Waterway Polnte LLC 5870 Merle Hay Road P.O. Box 3940 Johnston, Iowa 50~31 RE= Notice of Public Hearing to consider Petition AV-97-015 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, October 21, 1997, as indicated on the enclosed notice. The legal notice pertaining to this petition will be publ{.shed in the Naples Daily News on Sunday, October 5, 1997 and Sunday, October 12, 1997. You are invited to attend this public hearing. Sincerely, Sue Barbiretti, Deputy Clerk Encl. cc: Salgin, Inc. Kuhlman Engineering, Inc. Abutting Owne~ Within 250 fL P.O. Z~zx 394O Marco Ber. h Unit 6 TR L RHP BI~ 799 LOT 1 t~ater~ay Potnte, LC ~B70 14erIe Hay Road P.O. Box 3940 Wm~wr~ Po[nm I, C P.O, Box 394 A~lstoa, IA ~0131 Mm:o Beech Unit 6 TR L BIX 709 LOT 3 Walw M Sr~ Doreen Hard 38 W 194 PLne Rm~ st. Chrk~ n 6o175 11102 SW llTth Sm~ ' ~ F! 3317(; Unit 1BL~ 1 LOT2 ~ohn N Statla~ Agra N Stxthkts ~. 2222 E Cinnabar Unit 1 BLK 1 LOT 3 ~ Tarno J'ill S Tamo 1~41 Foothill Drtv~ Huot[n~m Valley. PA 19006 Unft 1 BLK 1 LOT 4 .lill S Tnrno 1841 Foothill Driv~ l-luntlnStoa V~'~. PA Unit 1BLK 1 LOTS Agustin v & Julia Rodriques 4967 Pepper Circle 202 Naples, F1 34113 Unit 1 BLK 1 LOT 6 lmac Laniado Husny Fuenu, De tam Asullas : Mexico DF Mexico C P $3950 Unit 1 BLK 12 LOT 8 ~ H.Voslm~ Teresa E .Vosburf, h 225 Bald Engle Drive Marco l.~land, Fl 34145 Unit 1 BLK 12 LOT 9 Daryl K & S-en,~ B Kenning 6331 Marshall Road Centerville., OH 45459 Unit 1 BLK 12 LOT 10 Calixto J Hcmandcz 643 3~4h Street Union City, NJ 07087 Unit 1 BLK 12 LOT 11 /oseph T Homing 14133 Pleasant View Drive Bow~ IvlD 20'/20 Unit 1 BLK 12 LOT 12 140 Watn~ay Ddv~ Marco Island, FI 34145 Midisl~nd Prof__~'~__'onal Center Tract I Ronald H Stn~hnke Tr. IFF 40 IK Pension Plan 1044 Castetlo Drlv~ ~201 Naples, !~1 34104 lVlldisland Prof__~__onal Center Tract 2 Abutt!ng Owners Myron $. & Gaye A. Tassoul 1240 Lakeshore Drive Menasha, WI 54952 Marco Beach Unit 6 BLK 249 Lot 38 Stephan Schmitt 256 Bald Eagle Drive Marco Island, FL 34145 Marco Beach Unit 6 BLK 249 Lot 36 OR 1191 PG 1143 Stephan Schrnitt 256 Bald Eagle Drive Marco Island, FL 34145 Marco Beach Unit 6 BLK 249 Lot 37 OR 1191 PO 1143 NGE Corporation P.O. Box 020010-M88 Miami, FL 33102 Marco Beach Unit 6 TR L Replat Now Tract B RESOLUTION NO. 97- RESOLUTION FOR PETITION AV 97-015 TO VACATE, RENOIINCE AND DISCLAIM THE COUNTY'S AND TIlE PUBLIC'S RIGIITS AND INTERESTS IN ALL OF WATERWAY DRIVE AND TO VACATE, RENOUNCE AND DISCLAIM TIlE COUNTY'S AND TIlE PUBLIC'S RIGHTS AND INTERESTS IN TIlE 20' WIDE DRAINAGE EASEMENT BETWEEN LOTS I AND 2 AND TO VACATE, RENOUNCE AND DISCLAIM THE COUNTY'S AND TIIE PUBLIC'S RIGIITS AND INTERESTS IN TIlE 20' WIDE DRAINAGE EASEML~qT BETWEEN LOTS 6 AND 7, ACCORDING TO TIlE PLAT OF "A REPLAT OF TRACT 'L' MARCO BEACH UNIT SIX" AS RECORDED IN PLAT BOOK 12, PAGES 55 AND 56, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. WtIEREAS, pursuant to Sections ! 77.101,336.09 and 336.10, Florida Statutes, Petition AV 97-015 has been received from David C. Sneed of Kuhlman Engineering. Inc., ns agent for the ovmers (Waterway Pointe, L.C., Salgin, Inc. and Marco Island Area Board of Realtors, Inc.} tecluesting the vacation of all of Waterway Drive and lo vacate the 20' wide drainage easement between Lots I and 2 and to vacate the 20' wide drainage easement between Lots 6 and 7, according to the plat of "A Replnt of Tract 'L' Marco Beach Unit Six "as recorded in Plat Book 12, Pages 55 and 56, Public Records of Collier County, Florida. WHEREAS, the Board has Ihis day held a public hearing to consider vacating said road and easements as more fully described below, and notice of said public hearing Io vacate was given as required by la~ and WHEREAS, the granting of the vacation will not adversely affect the ovmership or righ! of convenient access o f other property owners. NOW, THEREFORE, BE IT RESOLVED BY TIlE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the County's and the Public's rights nnd interesls in the following be and is hereby renounced nnd disclaimed: Exhibit "A" attached hereto and incorporated herein BE IT FURTHER RESOLVED, that notice of the adoption of this Resolutinn by the Board of County Commissioners shall he published one time, within :30 days following its adoption, in one issue of a newspaper of general circulation published in the county. Proof of publication of the notice of public hearing, the Certified Resolution as adopted and Ihe proof of publication of the notice of adoption of such Resolution shall be recorded in the deed records of the county. The Clerk is hereby directed to make proper notations of this vacation on the recorded plat of "A REPLAT OF TRACT 'L' MARCO BEACtt UNIT SIX This resolution adopted after motion, second and majority vote favoring same. DATED: ATTEST: BOARD OF COLINTY COMMISSIONERS DWIGIIT E. BROCK, Clerk COLLIER COUNTY, FLORIDA By: TIMOTIIY L. IIANCOCK, Chairman Approved as lo form and legal sufficiency: lleidi F. Ashton Assistant County Attorney DESCRIPTION TO ACCOMPANY PETITION TO VACATE Th~ ROAD RIGHT-DF-IVAY OF VAT~R~AY ~RIV~ GOO F~T VIED, ~C~I~ TO A R~PLAT ~ TRACT 'L~ ~0 · ~C~ ~IT 2I~ A2 R~C~ IN PLAT ~K ~ PAG~ $$ A~ $~ OF T~ P~L~C R~C~2 ~ C~LI~ COUNT~ FLORI~ ~I~ M~ PARTIC~A~LY COMMENCE AT THE NORTHERNMOST CORNER OF LOT 1, BLOCK 799, A REPLAT ~T 'L ~ ~RCD ~AC~ U~T 2I~ AS R~C~D~ IN PLAT ~ ]~ P~S A~ ~ ~ T~ PUBLIC R~CDR~ ~ C~LI~R C~NT~ FL~I~ TH~ · ~H ~9'39'44' ~A2~ ALO~ TH~ SDUTHV~ST~RLY RIGHT-~-VAY LINE ~L~ EA~L~ ~RIV~ GOO F~ET VI~), FOR ]SO, fi0 F~ TD T~ P~NT ~ ~~ T~E CDNTIN~ 2DUTH ~9'39'44' ~AS~ AL~ ~AI~ R]gHT-~- VA Y LI~ ~0~00 F~E~ TO A POINT DF CU~P~ T~E AL~ TH~ SDUTH~RL~ ~STERLY AND N~T~RLY RIGHT-DF-VAY'LI~ DF VATERVAY DRIV~ TH~ · EV~N F~LDVI~ C~RSES, ~4 FEET AL~ THE ARC OF A CURVE C~CAVE TD T~ SDUT~ ~VI~ A RA~ ~ 5~OO FEE~ THROUGH A CENTRAL ANGL~ ~ 9O*O~D~ THE C~D OF VHICH BEAR2 NORTH 74'39'44' VE2~ F~R A CH~D DISTANC~ ~ 7~7I FEET~ T~NCE ~QUTH 60'~D96' VEST F~ 18~OOO FEET~ ~3~6~ FEET ALO~ THC ARC OF A C~VE CONCAVE TO THC EAST ~VING A RADI~ ~ I5~ FEEC T~GH A CENTRAL A~LE OF 90'00'00~ C~D OF VHICH BEARS SOUTH 15'2096' VES~ F~ A CHORD ~ 2lS. IB FEET~ THE~E S~TH 29'B9'44' EAST F~ BSB,~ FEET~ ~6~ FEET ALO~ THE ARC OF A C~VE CO. AVE TO THE NORTH ~VI~ A RADI~ ~ 15~ FEE~ T~GH A CENTRAL A~LE OF BD'~'DD~ T~ C~D OF V~CH BEARS SOUTH 74'B9'44' EAS~ F~ A CHORD OF 2lS. IB FEET~ T~E ~TH ~'~D96' EAST FOR IB~ FEET/ 7~54 FEET AL~G T~ ARC ~ A C~VE C~AVE TO T~ WEST ~VI~ A RADI~ OF 50.DO FEE~ THRO~H A CENTRAL ~LE OF 9~'OD'DO~ T~ CH~D OF ~HICH BEARS NORTH I5'~0'I6' EAST F~ A CHORD DISTANCE OF 7~,71 FEE~ TO THE SOUTHVESTERLY RIGHT-OF-WAY LINE OF ~ALD E~LE T~E S~TH ~9'~9'44' EAST FOR 18~DD FEET~ THE~E 21.11 FEET ALO~ THE ARC ~ A C~VE CO. AVE TO T~ SOUTHWEST ~VING A RADI~ OF 95~.~ THR~H A CENTRAL ANGLE ~ D196'~4~ THE C~RD ~ ~HICH BEARS SOUTH ~9'DI'BS' EAST FOR A CH~D DIS TA~E OF 2lJl FEE~ TO A P~NT OF CUSP~ T~E AL~G T~ S~THERL~ ~ESTERLY AND N~T~RLY RIGHT-OF-VAY LINE ~ ~ATER~AY DRIV6 THE SEVEN FOLLO~I~ COURSES, 79.6S FEET At~G THE ARC OF A CURVE CO. AVE TO THE S~TH HAVI~ A RADI~ OF 5~DD FEET THRO~H A CENTRAL ANGLE OF 91'1&'~4~ THE OF ~HICH ~EARS NORTH 74'D1'32' ~ES~ F~ A C~RD DISTA~E DF 71.49 FEET~ THE~E SOUTH 60'20'16' WEST FOR 184.78 FEET~ THENCE 39e.~ ALO~ THE ARC ~ A CURVE CSNCAVE TO THE NORTH ~VING A RADI~ eSO.~O FEE~ THROUOH A CENTRAL A~LE ~ 9D'DD'DD~ T~ CH~D DF VHICH · EAR~ NORTH 74'39'44' WE~ FOR A C~RD DISTANCE OF 353.55 THENCE NORTH e9'39'~' VE~T FOR 158. D0 FEET~ THE~E 39e, 70 FEET AtONG THE ARC OF A CURVE CONCAVE TO T~ EAST THRO~H A CENTRAL A~LE DF 9O'OO'O0~ THE C~RD ~ VHICH ~EAR~ NORTH 1S'~096' FOR A C~RD DISTANCE DF 353.55 FEET~ THE~E NORTH 60'~16· EAST FOR 1B~OO FEET~ THE~E 78.54 FEET ALQ~ THE ARC OF A C~VE CO. AVE T~ VE~T ~VINO A RADI~ OF 5~00 PEE~ THRD~H A CENTRAL ANGLE 9O*OO'O~ THE CHORD OF VHICH ~EARS N~TH I5'~096' EAS~ FOR A CHORD DISTA~E OF 7~71 FEE~ TO T~ POINT OF Jt 'J' ZGO & ASSOCIATES, INC. ~-3 ~E C~ WAY D~ ~: ~K SC~ N.T.S. N~. ~A ~t09 SH~ 1 OF 2 R~ NO. 97-~4 S[O~TCH rd ~'T~ .?~,..?.,,_ .,,?~ .h? ~'."~',,~,,c~'- (:~r'vm ma,~m~ J OF DESCRIPTION NOT A ~ SKETCH OF DESCRIPTION 12C- EXHI~I T '~' HARTLEY WATERWAY ,D£$CRIPTIDN OF' A tPO F'DDT .~RA!I~G£ £A$£1,~NT TO .~£ VACAT£,D, A E'O F'DDT WI~£ J~AINAG£ £ASEHENT L YII~ ]0 LDT I A~ LDT ~ ~L~K ~ T~ PLAT R~E~ IN PLAT ~ ~ A~ ~, ~ r~ PU~L~ RE~ C~LIER C~ FL~I~ T~ 2~TE~ TO INTERIECT WITH T~ RI~T-~- FAY L]~ ~ ~ATERVAY ~RI~ ~T~RLY t~ L]~2 ~ ~AI~ LDT 1 ~T ~ NOT A SUR WA TER WA Y DR/VE A. TRIGO & ASSOCIATES, INC. 2~3 ~E C~ WAY DATE : May 28. 1997 DRAWN BY:_ Egg SCALE: N.T.S. s.£~ 3_ or ~ n~ ~. 97-0004 2 ~.AVALL CAP SKETCH OF DESCRIPTION EXHI£I T 'A' 120-2 i I I I, I I i I I I I I I I I I WA TER WA Y DRIVE I i I I I I ! I I I I ;o'-x/ ! // /L-IO, / / a.. t Jg . DESCRIPTION OF A ~0 F~T VIDE LOT 6 AND LOT ~ ~K 79~ MARCO ~ACH ~Ir 6 A REPLAT ~ TRACT 't~ ACC~fll~ ~ AND 56 , DF r~ PU~IC ~KC~D$ C~LIKR COUNTg FLUID& r~ SHoercNcB To INTgRSKCr Wlr~ VEST~PL Y LOT LI~S ~ SAID LQT NOT A SURVEY GENERAL NOTES: 1~1 All distances ore in feet and decimals thereof. Bearings are based on the centerllne of Wcterewoy Drive. Marco Beach Un;t 6. a Replat of Tract 'L'. P. B. 12, Pgs. 55 & 56. as be;rig S. 2g'59'44' £. A. TRIGO & AssOCIATES, INC. PROI~:S~ONAL LAND S~JEFEYOI~ & PLANNERS 2223 TRADE CgNTER WAY NAPIJ~. FLORIDA 34109 DATE :_ July 28. 1997 DRAWN BY: EDK SCALE: SHEET 1.j.. OF' _I_ FILE NO. N.T.S. 97-0408.2 N~le~ ~lJ ty New IMpte~, FL 33g~0 Affidavit of PubLication BC)ARO Of CORM17 COflflZSSZC~RS ATTg: ~CY PO BOX &13Gq6 HAPLES FL 3~1CYl-30~6 REFEREgCE: OC~I Z~O 70(X397 57572853 NOTZCE OF PtJ~LXC HEA Stlte of FLortdl County c~ CoLLter B~ori ~h~ un6ert~gr~d authority, ~LLy ~tly bs, I ~tLy ~r ~Lt~ at ~Les, tn ~lLter ~ty, FLor4~: t~t th ittK ~r ~ ~t~ ttit~. ~tLter ~, FLort~, a~ t~t t~ ~tl~ tn .td ~LLter ~ty, FLort~, N~ ~t~ ~ t~ ~t ~ftce tn ~tfl, tfl ~tt~ ~, ~t~, for e ~rt~ ~ 1 ~r mt ~t~ t~ ftrst ~Lt~tt~ ~ t~ ~tK~ ~ ~ ~rtts~t; ~ iffJmt p~t~ ~y ~, ftru or ~rat~ ~ dts~, r~ete, ~ts8t~ or ref~ fo~ t~ ~e of ~rt~ thts ~ertti~t for I~LZS~D ex: 10/05 AD SPACE: 77.000 ZNCH FILED m: 10/06/97 Stgneture of AfYtent /' ~/~/ 12C-2 STATUS 6 3 6 5 OK 3 TOTRL ~ L~ BO~RO OF CCXMTY CONflZSSZONERS ATTN: RANCY SALOGU~ PO BOX &13016 HAft. ES FL REFERENC~: 001Z30 ~ 57586787 PUB~ZC NOTZCE Nottce Stmte of FLo~tcb County of CoLLier hfo~e the unders~gn~l authority, ~r~Lty ~ ~ ~ltzt~t ~ate ~reta~ of t~ tn ~tLter ~ty, FL~t~: tMt t~ att~ ~r ~ ~t~ L~zt~. Afftmt fu~ ~ t~t t~ aid ~Le~ ~tLy ~ t8 m ~r ~tt~ at ~L~, Iff ~ ~ ~etof~e ~ ~tt~ty ~tt~ in ~id Coktl~ ~, Ftort~, ~ ~t~ it t~ ~t ~ft~ In ~t~, tn Mid ~ of ~t~ thtl ~rtt~ f~ AD SPACE: 62.000 ZXCl4 FZLED ON: 11/05/97 Signature of Affilnt ~/Y- AffHev~t of PubHcet~m BO&RD OF COUNTY CO~RIS$IONERS ATTN: NANCY PO BOX &13016 NAJ~LES FL ItEFEIIBqCE: OCrlZ~O 7'00197 57S~3 NOTZCE OF PUBUC H~A appeared B. LNb, vhe on oath zr/z that she ~ Asat~tant Corporata Secratary of the h~ly Nw~, a ~ty ~ ~l~ et ~L~, ~ ~Ltter ~ty, FLoH~: t~t t~ att~ Afft~t f~t~ ~ tMt t~ ~td ~t~ ~ttte~ ~, Ft~t~, ~ tMt t~ Mtd mtt~ mt t~ ~t ~flfl tn ~tfl~ tn dJl~t, r~te, ~lss~ or ref~ for t~ ~ ~ ~e~r~ thts ~ertts~t for ~U~ttm ~n t~ ~td ~r. PUBLZSHED off: 10/0~ Al) SPACE: 77.000 ZNCH FZLED Off: 10/06/97 Signature of Aff,aflt 7.~~' ~rn to ~ Subscribed before me th,. _~ day of ~ 19~_.? l '-.L': - ? ',: RESOLUTION NO. 9%402 IBC Ill RESOLUTION FOR PETITION AV 97-015 TO VACATE.. RENOUNCE AND DISCLAIM THE COUNTY'S AND THE PUBLIC'S RIGHTS AND INTERESTS IN ALL OF WATERWAY DRIVE AND TO VACATE, RENOUNCE AND DISCLAIM THE COUNTY'S AND TIlE PUBLIC'S R/GHTS AND INTERESTS IN TIlE 20' WIDE DRAINAGE EASEMENT BETWEEN LOTS I AND 2 AND TO VACATE, RENOUNCE AND DISCLAIM THE COUNTY'S AND THE PUBLIC'S RIGHTS AND INTERESTS IN THE 20' WIDE DRAINAGE EASEMENT BETWEEN LOTS 6 AND 7, ACCORDING TO TIlE PLAT OF "A REPLAT OF TRACT 'L' MARCO BEACII UNIT SIX " AS RECORDED IN PLAT BOOK 12, PAGES 55 AND 56, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. WHEREAS, pursuant to Sections 177.101,336.09 and 336.10, Florida Statutes, Pclition AV 97-015 has been received from David C. Sneed o£ Kuhlman Engineering, Inc., as agent for the owners (Waterway Pointe, L.C., Salgin, Inc. and Marco Island Area Board of Realtors, Inc.) requesting the vacation of all o£ Waterway Drive and to vacate the 20' wide drainage easement between Lots 1 and 2 and to vacate the 20' wide drainage easement between Lots 6 and 7, according to the plat of "A Replat of Tract 'L' Marco Beach Unit Six "as recorded in Plat Book 12, Pages 55 and 56, Public Records of Collier County, Florida. WHEREAS, the Board has this day held a public hearing to consider vacating said road and easements as more fully described below, and notice of said public hearing !o vacate was given as required by law; and WHEREAS, the granting of the vacation will not adversely affect the ownership or right of convenient access of other property owncrs. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLOR/DA, that the County's and the Public's rights and interests in the following be and is hereby renounced and disclaimed: See Exhibit "A" atlached hereto and incorporated herein BE IT FURTHER RESOLVED, that notice of the adoption of this Resolution by the Board of County Commissioners shall be published one time, within 30 days following its adoption, in one issue of a newspaper of general circulation published in the county. Proof of publication of the notice of public heating, the Certified Resolution as adopted and the proof of publication of the notice of adoption of such Resolution shall be recorded in the deed records of the county. The Clerk is hereby directed to make proper notations of this vacation on the recorded plat of "A REPLAT OF TRACT 'L' MARCO BEACH UNIT SIX ". r~/~n~.l'~solutmn adopted after motion, second and majority vote favoring same. BOARD OF COUNTY COMMISSIONERS COLLIER..C-~UNTY, FLOR/DA Approved as to form and legal sufficiency: ' ' ;/II - ~( Heidi F. Ash.on ' Assistant County Attorney C'2 D£$CRIPTION TO ACCOHPANY PETITION TO VACATE THE ROAD RIGHT'DF-VAY DF ~ATERVAY ~RZVE (~00 FE~T VIED, ~C~Z~ TD A REPLAT ~ TRACT ~ ~ ~C~ ~T El~ AS REC~ED ~N PLAT ~ l~ PAGEE 55 A~ ~ ~ T~ P~LIC REC~ ~ C~LIER C~T~ FL~I~ ~EZ~ ~E P~T~A~Y COtg'IENCE AT THE NDRTHERNHD~T CORNER OFF' LOT ,[, ,BLOCK 799, A REPLAT TRACT 'L'. HARCO ,~EAC~ UNIT $],~ A$ RECORDED ]N PLAT ~ IF., PAGES AN~ $~, OFF' THE PLI~L]C RECORD2 OFF COLLIER COUNTY, FLOR]DAf SOUTH ~9'39'44' EAST, ALONG THE $OUTHIv'ESTERLY R]C_d*fT'-OF-VAY LSNE · 4LD EAGLE DRIVE (IO0 FEET VIDE), FOR JSO. O0 FEET, TO THE PITZNT {~ ~G]hlVZNCv THENCE CDNT]NU~ SOUTH ~'39'44' EAST, ALOI~ ~A]D R]GHT-OF- VAY Lll9~ ~0~00 FEET, TD A PDZNT DF CIJ~Pj THENCE ALONG THE EASTERLY AND NORTHERLY R]GHT-DF-VAY L]NE D~ VATERVAY DRIVE, THE SEVEN FDLLDVZN~ 7~$4 FEET ALONG THE ARC DF A CURVE CONCAVE Ti? THE $DUTI~ A RAD]LG DF 5~00 FEET, THROUGH A CENTRAL ANGLE DF 90'DO'g0', THE CHORD OF VH1CH ~EAR$ NORTH 74*39'44' VEST, FOR A CHORD D/STANCE DF 7~71 FEET/ THENCE SOUTH 60'~0'16' VEST FOR lO, ilO0 FEET/ THEI~,E ~3~.6~ FEET ALONG THE ARC DF A CURVE CONCAVE TD THE EAST A RADIUS DF' ]$1200 FEET, TI~DUGH A CENTRAL ANGLE DF 90'~, THE CI~RD DF VHTCN EEAR$ SOUTH ]5'~°0']6'VE$T, FOR A C147RD DF ~1~.]3 FEET/ THENCE SOUTH ~9'39'44' EAET FOR 35g00 FEET; TNENEE ~35.6~ FEET ALONG THE ARC DF A CURVE CONCAVE TO THE NORTH A RAD]LIE DF ]5~200 FEET, TI~OUGN A CENTRAL ANGLE DF 90'00'00', THE CHORD OF VHICH ~EAR$ SOUTH 74*39'44' EAET, FOR A CHORD D$STANC£ DF ~2~.]3 FEET/ THENCE NORTH 60%='0'./6' EAST FOR ]8300 FEETi THENCE 7~$4 FEET ALONG THE ARC D~ A CURVE CONCAVE TO THE k/gET HAVING A RAD]U~ DF 5~00 FEET, THROUGH A CENTRAL ANGLE DF 90'00'00', THE CHORD DF VH]CH ~EAR$ NORTH I5'~0']6' EAST FOR A CHORD D/STANCE DF 70.72 FEET, TO THE SDUTHVESTERLY R]GHT-DF-VAY L/NE DF ~ALD EAGLE DRa THENCE SOUTH ~9'39'44' EAST FOR 28~00 FEET~ THENCE gl.I] FEET ALONG THE ARC DF A CURVE CONCAVE TO THE $OUTHVEET brAVING A RAD]U:~ DF 95~00 FEET, THROUGH A CENTRAL ANGLE DF 0]*]6~4; THE CHORD DF VHZCH ~EAR$ $OUTH ~9'02'3~' EAET FOR A CHORD DISTANCE OF gI.]] FEET, TD A PDZNT DF CUSP/ THENCE AL[71V~ THE SOUTHERLY, VESTERLY AND NORTHERLY RIGHT-DF-VAY DF VATERiVAY DRIV6 THE SEVEN FDLLQVING CDURSE$~ 79.55 FEET ALONG THE ARC OF A CURVE CONCAVE TO THE $DUTH HAVIN~ A RADIU2 OF $~00 FEET THROUGH A CENTRAL ANGLE OF 91'I6'~4; THE CHORD DF VHICH ~EAR$ NORTH 74'01'3~' VEST, FOR A CHORD DISTANCE OF 71.49 FEET/ THENCE SOUTH 60'~0'16' MEET FOR I84.78 FEED THENCE 39~.70 FEET ALDN~ THE ARC DF A CURVE CONCAVE TO THE NORTH HAVING A RADIU2 OF ~50.OO FEET. THROUGH A CENTRAL AN~LE DF 90'00'00; THE CHORD DF VHICH ~EAR$ NORTH 74'39'44' VEST, FOR A CHORD DISTANCE OF 353.55 FEET~ THENCE NORTH ~9'39'44' VEST FOR 358.00 FEET; THENCE 39~.70 FEET ALONG THE ARC DF A CURVE CONCAVE TO THE EAET THROUGH A CENTRAL ANGLE DF 90'00'00; THE CHORD OF t/HICH ~EAR$ NORTH I$'~0'16' EAST. FOR A CHORD DISTANCE OF 352.55 FEET/ THENCE NORTH 60'~0'I6' EAST FOR 185.00 FEET; THENCE 78.54 FEET ALONG THE ARC OF A CURVE CONCAVE TO THE VEST HAVING A RADIU2 DF 5~Ofl FEET, THROUGH A CENTRAt ANGLE OF 90*OO'O0'. THE CHORD OF k/HICH ]~EAR$ NORTH l$*eO'lG' EAST, FOR A CHORD DISTANCE 01r 7~7I FEET. TO THE POINT OF BE~INNING. DATE : APRIL 25.1997 DRAWN BY: [DK SCALE: N.T.S. SHEL"T ~ Of' 2~ riLE NO. g7-0084 ,/ SKETCH OF DESCRIPTION NOT A SUgVgY TRIG0 & ASSOCIATES, I:NC. NAPLmS, FLOB3DA ~1~ DATE : APR1L 25. lg97 DRAWN BY: ~ SCALE: N.T.S. ]. 2C... 2 SKETCH OF DESCRIPTION EXHIBIT 'A' HARTLEY WATERWAY ,~E$CR]PTIDN DF' A ~ FDDT VI, P£ ,~RAJNAGE EASEHENT TD ~YE VACATE~ A EO F'DDT tV7~£ J~RA!NA~£ EA.~EHENT L fEET EACH $1~ ~ T~ C~ LI~ BErgEN LDT I A~ LDT Z ~ 79~ ~}T ~ A REPLAT ~ TRACT 'L~ T~ ~AT REC~E~ IN PLAT ~ ]~ P~ES C~LIE~ C~T~ FL~I~ T~ · ~TE~ TO ]NTER2ECT V[TH T~ R]GHT-~- VAY L]~ ~ VATERVAY ~R~ A~ ~T~RLY L~ L]~S ~ 2A]~ LOT Z A~ L~T ~. ~. TRIGO & ASSOCIATES, INC. DATE:MaY 2a. 1997 ~Z23 TRADg Cg:NTI:R WAY DRAWN BY: EDK SCN.[: ~ Jet,OR~)A 8410~ SHEEr _1_ OF' ~ fiLE NO. N.T.S. 97-0084 I.Z' CO~E $~.A VAL L / / l / / / / / / / I SKETCH OF DESCRIPTION EXHI~,I T 'A' 120-2 WA TE R WA Y DRIVE / I / i I D£$CRIPTIQN OF A ~0 FQOT I/I1~ DRAINA6£ EA$£M'CNT TO ;g VACATEI)~ A ~0 FOOT WIDE DRAINAOC EAS£MgNT LYING I0 ' FEET £ACH SlD£ OF rH~ COM~ tI~ ~T~EN LOT ~ AND LOT ~ ~K 79~ M~CD ~lt ~ A RE. AT ~ TRACT ~ ACC~DI~ TD r~ ~Ar R~C~D IN ~Ar ~ l~ S~T~ TO INTeRSeCT WITH T~ R~T-~- WAY LI~ ~ VA~RVAY DRIV~ ~D T~ VESTE~ Y LOT L~S ~ SAID LOT E LOT Z S, 89',,~'28'~'. 434.50' NOT A SURVEY GENERAL NOTES: 1~ All distances ore in feet and decimals thereof. 2) Bearings ore based on the centerl;ne of Woterewoy Drive, Marco 8each Unit 6, a Replat of Tn3ct 'L', P. B. 12, Pos. ,55 & 56, os being S. 29'39'44' Ir. A. TRIGO & ASSOCIATES, INC. PROFI:~ONAL LaU~D ~URVETORS & P~NE~ 2223 ~E C~R MAY N~, ~DA 34109 DATE : July 28, 1997 DRAWN BY: EDK SCALE: SHEET 1...L OF _1_ FILE NO. N.T.S. 97-0408.2 lilpLIl, FI ~ Affidavit af PubL~cottofl NapLes BetLy NEYS BOAItO OF CtXJNTY COIq~tSSICNERS ATTN: NANCY SALOGL~ PO BOX 41~r16 RAPt. ES FL ~10~-3016 IKFERENCE: OCr1Z:~O 70Q6~ $7~S6T~T PUBLIC: NOTICE Nottce State ~f FLortdl County of CoLLier Before the undersigned authority, per~o~Lty ~ B. ~, ~ ~ ~th ~ tMt she ee~e es t~ ~stst~t Co~rite ~retl~ of t~ ~Les ~n ~LLter C~ty, FLoP~: t~t t~ atta~ ~r m ~te~ Afft~t furt~r ~s t~t t~ ~td ~Lea ~tLy ~ 4e I ~r ~Lt~ at ~t~, 4n ~td ~LL4er ~ty, FLor~ ~ t~t t~ ~r ~ ~r~ofore ~ ~tt~lLy ~Lt~ In ~td CoLUer C~ty, Ftort~, flch ~ ~ ~s ~ ~ter~ le s~ cLass rotter it t~ ~t off,ce ~n ~t~, ~fl ~d ~tUee ~, Ftor~, for I ~r~ of 1 ~ ~t~ t~ first ~tt~tt~ of t~ gtK c~ of ~trt~t; K ~J~ ~ ~r~, ftrl or ~ret~ ~y dts~t, r~te, ~ts~t~ ~ ref~ foe ~ of se~rt~ th~o ~ertts~t for ON: AD SPACE: 62.000 INCH al 16A I CONSTRUCTION AND MAINTEN~CE AGREEMENT FOP, SUBDIVISION IMPROVEMENTS PRIOR TO RECORDING OF PLAT THIS CONSTRUCTION AND MAINTENANCE AGREEMENT FOP. SUBDMSION IMPROVEMENTS PRIOR TO RECORDING OF PLAT AGREEMENT entered into this ~/,.e~ day of ~_~~',.< 1997 between Longshore Lake Joint Venture, a Florida ~-neral Partnership, hereinafter referred to as the "Developer" and the Board of County Commissioners of Collier County, Florida, hereinafter referred to as the "Board". RECITALS 1. Developer has, simultaneously with the delivery of this Agreement, applied for the approval by the Board ora certain plat ora subdivision to be know as: Longshore Lake, Unit 5D 2. Division 3.2 of the Collier County Land Development Code allows the Developer to construct the improvements required by said subdivision regulations prior to recording the final plat. NOW, THEREFORE, in consideration of the foregoing premises and mutual covenants hereinafter set forth, Developer and the Board do hereby covenant and agree as follows: 1. Developer will cause to be constructed roadways, drainage facilities, water and sewer facilities, lighting and signage, within 24 months from the date of approval of raid subdivision plat, said improvements hereinafter referred to as the required improvements. 2. Developer herewith agrees to construct said improvements prior to recording said subdivision plat and the Board of County Commissioners shall not approve the plat for recording until said improvements have been completed. 3. Upon completion of said improvements, the Developer shall tender it subdivision performance seeurity in the amount of $12,628.42 which represents ten percent (10%) of the total contract cost to complete construction. Upon receipt of said subdivision performance security by the Development Services Director, the Developer may request the Board of County Commissioners to approve the subdivision plat for recording and grant preliminary approval of said plat. W,"~ 1986'~602 ~w'rc',e&mllu ~d 70717.doe 16A 4. The required improvements shall not be considered complete until a statement of substantial completion by Developer's engineer along with the final project records have been furnished to be reviewed and approved by the Development Services Director for compliance with the Collier County Land Development Code. 5. The Development Services Director shall, within sixty (60) days of receipt of the statement of substantial completion, either:, a) notify the Developer in writing of his preliminary approval of the improvements; or b) notify the Developer in writing of his refusal to approve the improvements, therewith specifying those conditions which the developer must fulfill in order to obtain the Director's approval of the improvements. However, in no event shall the Development Services Director refuse preliminary approval of the improvements if they are in fact constructed and submitted for approval in accordance with the requirements of this 6. The Developer shall maintain all required improvements for a minimum period of one year after preliminary approval by the Development Services Director. After the one year maintenance period by the Developer has terminated, the Developer shall petition the Development Services Director to inspect the required improvements. The Development Services Director or his designee shall inspect the improvements and, if found to be still in compliance with the Collier County Land Development Code as reflected by final approval by the Board, the Board shall release the ten percent (10%) subdivision performance security. The Developer's responsibility for maintenance of the required improvements shall continue unless or until the Board accepts maintenance responsibility for the County. 7. In the event the Developer shall fail or neglect to fulfill its obligation under this Agreement, upon certification of such failure, the County Administrator may call upon the subdivision performance security to secure satisfactory completion, repair and maintenance of the required improvements. The Board shall have the right to construct and maintain, or cause to be constructed or maintained, pursuant to public advertisement and receipt of acceptance of bids, the improvements required herein. The Developer, as principal under the subdivision performance security, shall be liable to pay and to indemnify the Board, upon completion of such construction, the final total cost to the Board thereof, including, but not limited to, engineering, legal and contingent costs, together with any damages, either direct or consequential, which the Board may sustain on account of the failure of the Developer to fulfill all of the provisions of this Agreement. 8. Ail of the terms, covenants and conditions herein contained are and shall be binding upon the Developer and the respective successors and assigns of the Developer. W:~1986X86029~WTCr.&mll u&1707 ! 7.doc 16A 1 IN WITNESS WHEREOF, the Board and the Developer have caused this Agreement to be executed by their duly authorized representatives this _~~ day of (~ ,19 ~ ?. SIGNED, SEALED AND DELIVERED IN THE PRESENCE OF: PHnted Name Below Witness $$2 Printed Name Below Longshore Lake Joint Ventw~ a Florida Generfl Partnership By: Naples Properties, Inc. a Florida Corporation, as Genend Partner Sandr~ Hesse, Vice Presiff'~t with full power and authority to bind the partnership 4500 Executive Dr., $$300, Naples, FL 34119 BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: , Timotl~ L]Hanc°Ck ~an /- ~XHma_71 ~wp\1986~86029~w'rL'Nc&mlluSdT0717.doc CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS PRIOR TO RECORDING OF PLAT THIS CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION 12vfPRO~NTS PRIOR TO RECORDING OF PLAT AGREEMENT entered |nlo this ~. ,~.,~:~- day of (2~.~.4~, 1997 between Longshore La~es Joint Venture, a Florida General Partnership, hereinafter referred to as the "Developer" and the Board of County Commissioners of Collier County, Florida, hereinafter referred to as the "Board". RECITALS 1. Developer has, simultaneously with the delivery of this Agreement, applied for the approval by the Board of a certain plat of a subdivision to be know as: Quail Walk, Phase Four 2. Division 3.2 of the Collier County Land Development Code allows the Developer to construct the improvements required by said subdivision regulations prior to recording the final plat. NOW, THEREFORE, in consideration of the foregoing premises and mutual covenants hereinafter set forth, Developer and the Board do hereby covenant and agree as follows: 1. Developer will cause to be constructed roadways, drainage facilities, water and sewer facilities, lighting and signage, within 24 months from the date of approval of said subdivision plat, said improvements hereinafter referred to as the required improvements. 2. Developer herewith agrees to construct said improvements prior to recording said subdivision plat and the Board of County Commissioners shall not approve the plat for recording until said improvements have been completed. 3. Upon completion of said improvements, the Developer shall tender it subdivision performance security in the amount of $11,444.23 which represents ten percent (! 0%) of the total contract cost to complete construction. Upon receipt of said subdivision performance security by the Development Services Director, the Developer may request the Board of County Commissioners to approve the subdivision plat for recording and grant preliminary approval of said plat. ~lm~_71 ~Wl~ 199~92075Xjea~i~970709.doe 16A 4. The required improvements shall not bc considered complete until a statement of substantial completion by Developer's engineer along with thc final project records have been furnished to bc reviewed and approved by thc Development Services Director for compl!ancc with thc Collier County Land Development Code. 5. The Development Services Director shall, within sixty (60) days of receipt of the statement of substantial completion, either: a) notify the Developer in writing of his preliminary approval of the improvements; or b) notify the Developer in writing of his refusal to approve lhe improvements, therewith specifying those conditions which the developer must fulfill in order to obtain the Director's approval of thc improvements. However, in no event shall thc Development Services Director refuse preliminary approval of the improvements if they are in fact constructed and submitted for approval in accordance with the requirements of this Agreement. 6. The Developer shall maintain all required improvements for a minimum period of one year after preliminary approval by the Development Services Director. After the one year maintenance period by the Developer has terminated, the Developer shall petition the Development Services Director to inspect the required improvements. Thc Development Services Director or his designee shall inspect the improvements and, if found to be still in compliance with the Collier County Land Development Code as reflected by final approval by thc Board, the Board shall release the ten percent (10%) subdivision performance security. The Developer's responsibility for maintenance of the required improvements shall continue unless or until the Board accepts maintenance responsibility for the County. 7. In the event the Developer shall fail or neglect to fulfill its obligation under this Agreement upon certification of such failure, the County Administrator may call upon the subdivision performance security to secure satisfactory completion, repair and maintenance of the required improvements. The Board shall have the fight to construct and maintain, or cause to be constructed or maintained, pursuant to public advertisement and receipt of acceptance of bids, the improvements required herein. The Developer, as principal under the subdivision performance security, shall be liable to pay and to indemnify the Board, upon completion of such construction, the final total cost to the Board thereof, including, but not limited to, engineering, legal and contingent costs, together with any damages, either direct or consequential, which the Board may sustain on account of the failure of the Developer to fulfill all of the provisions of this Agreement. 8. Ail of the terms, covenants and conditions herein contained are and shall be binding upon the Developer and the respective successors and assigns of the Developer. W:\1992~,92075',jcn~:masip~70709.dec 16A 2, IN WITNESS WHEREOF, the Board and thc Developer havc caused this Agreement to i~ executed by their duly authorized representatives this ~/~,~-~ dayof (g~::g'. ,19~?. to: Longshore Lakes Joint Venture a Florida General Partnership By: Naples Properti~, Inc. a Florida Corporation, as General Partner ; ~.,:-' . . ~.ff_.. be~,:~c,~..'- Approv~l as to form and legal sufficiency: ~" Collier County Attorney '-S--~dra~esse, Vice P~esident with full pos4er and authority to bind the partnership 4500 Executive Dr., #300, Naples, FL 34119 BOARD OF COUNTY COlVIMISSIONERS OF COLLIER COUNTY, FLORIDA ' TimoVLJ'l:~arlc.~k Chairman WAI R OL TIOS 07. 1 6 A .3 RESOLUTION AUTHORIZING FINAL ACCEPTANCE OF THOSE ROADWAY. DRAINAGE, WATER AND SEWER IMPROVEMENTS IN "SAVANNA", RELEASE OF THE MAINTENANCE SECLrRITY, AND ACCEPTING THE MAINTENANCE RESPONSIBILITY FOR THE ROADWAY, DRAINAGE, WATER AND SEWER IMPROVEMENTS THAT ARE NOT REQUIRED TO BE MAINTAINED BY THE HOMEOWNERS ASSOCIATION, WHEREAS, the Board of County Commissioners of Collier County, Florida, on May 7, 1996 approved the plat of "Savanna" for recording; md WHEREAS, the developer has constructed and maintained the roadway, drainage, water and sewer improvements in accordance with the approved plans and specifications and as requited by the Land Development Code (Collier County Ordinance No. 91-102, as amended); and the Utilities Standards and Procedures Ordinance (Collier County Ordinance No. 97-17), and WHEREAS, the developer has now requested final acceptance of the roadway, drainage, water and sewer improvements and release of his maintenance security; and WHEREAS, the Compliance Services Section of the Development Services Department has inspected the roadway, drainage, water and sewer improvements and is recommending acceptance of said facilities. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that final acceptance be granted for those roadway, drainage, water and sewer improvements in "Savanna", and authorize tho Clerk to release the maintenance security. BE IT FURTHER PdESOLVED AND ORDERED that the County accept the futura maintenance and other attf,.ndant costs for the roadway, drainage, water and sewer improvements that are not required to be maintained by the homeowners association. This Resolution adopted after motion, second and majority vote favoring same. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA TfMOTH~f'L: hANCOCK, CHAIRMAN Approved as to form and legal sufficiency: H~-dfF. Ashton Assistant Collier County Attorney 16A Date: To: From: Re: October 23, 1997 George Yilmaz, Pollution Control Sue Barbiretti, Minutes & Records Item %16A4, BCC meeting date: 10/21/97 Please find attached, for your files, one original Agreement for Storage Tank System Comgliance Verification Program that was agDroved by the BCC on Tuesday, October 21, 1997. If you have any questions, call me at 774-8406. Thanks, COMPLIANCE VERXFICATION FOR COLLnqR COUNTY COLLIER COUNTY BOARD O!* COUNTY COMMISSIONERS 3301 Tamiami Trail '---*F~t Building H Naples, Florida 34112 SCOPE OF SERVICES The Florida Department of Erwimnmental Protection (DEP or Department) hereby mt]ins the CONTRACTOR for the following specific purposes and duties: Perform compliance inspections st Chpten 62-761 and 62-762, Florida Administrative Code (F.A.C.), regulated storage facilities (excluding minerll acid tanks regulated by the DEP in accordance with Sections 376.320. 376.326, Florida Statutes) within the jurisdictional boundaries of Collier County as requircd by an executed Task Assignment(s). In addition, perform closure, .installation, discharge inspections, and reinspection], ts applicable, in accordance with each Task Assignment lnspectiom shall be performed by an individual(s) in a ptaition equivalent to an Environmental Specialist I level or hi~her. Beginning on the effective date of this Contract, the CONTRACTOR b authorized to enter private property in order to carry out inspections pursuant to Sections 403.091 and 403.858, Florida Statutes. Site inspection responsibilities shall include: Contacting facility owners or operators, in writin~ or verbally, to schedule compliance, installation and tank closu~ in.wpections. The DEl) Task Manager may require written notification of impeetions if v~ methods have proved unsatisfactory. Meeting with the owncra or operators of all regulated facilities in Collier County and determining complhnce with Chapters 62.761 and 62-762, F.A.C., and Chap~r 376, Florida Statut~ with the exception of CONTRACTOR-owned/operated facilities. Inspections s]x~ukl be performed in accordance with each executed Task Assisament in the following priority order: Perform all inspections at facilities with knovm or suspected discharges involving fr~ ~ct within twenty.four (24) boors of receipt of' notification, Authorize under Section 376.30711, F.S, (1996 Supp.), limited sco~ free pt~luct recovcr~ from a new clischar~e accord~ to Depattn~t guidelines. Perform all inspections at facilities with known or suspected discharges within ten (10) workin8 days of receipt of notification. Complete e~e Florida Petroleum Liability and Restoration Imurance Program cbeckllst for eligibtli~ Dltp Contract No, GCS26, Pa~ l of ! 1 m and ranking information. Send Cleanup Notification Letters to facility owners or operator%, ifapprupriste. Perform all Cloture Inspections mt all known stotuge tank syA, m closure activities. o Perform all installation in,qpectiofls of new installaflom in Collier County to ensur~ that thc s~tem ts properly cons~'ucted in accord~-,ce with Chapte~ 62- 761 and 62-762, F.A.C,, ~s applicable, Pcrform compliance inspections and r~inspections at registered regulated facilities as indicated by each executed Task Atstgnment, The following completion rate based on storage system constru~on and i~-vfou~ compliance record is required: All facilities having a moderate or major potential for harm to the environment and moderate or major extent of deviation from the regulations, u ref'erenced in the Storage Tank Penalty Guidelines and Assessmcnts Memo (12/1/95) the pr~viou~ year. (100%) b, All t'actlities with at least one single-walled regulated system. (100%) The following inspections mt registered regulated facilities will be performed by the CONTRACTOR based on resources and priorities: All facilities having only double-walled regulated sy~-ms. Perform rdnspections of facilities only as needed to vcri~ compliance of items previously identified as havmlt a moderate or major potential for harm to the environmcnt and moderate or major extent of deviation from the regulations, aa rcfercnced in the Storage Tank Penalty Guidelines and Assessments Memo (12/I/95). All violations, rcgtrdless of sevcrity, which solely involve notification or reporting will not require a reinspecflon. Facilities not inspected during the current executed Task Assignment, will be prioritized to be inspected during the subsequent Task Assignment. Dism*bute registration forms to all unregistered facilities that become known to the CONTRACTOR as they are discovered, perform eompliance irupectiom at all unregistered facilities found that are subject to Chapters 62-761 and 62-762, F.A.C.. and take appropriate measures where rcquircd to obtain compliance. Complete inspection forms in accordance with the minimum standards referenced in Attachment C, Exh~it i. Respond to complaints by performing a complaint investigation, documenting actions taken utilizing a DEP Tuk Manager approved complaint response form, and maintain copies of'all eomplaim information in the appropriate facility file. F. Respond to requests for public a~istance both in the office and during impecttons, Perform Level One Enforcement actions. These actions shall include investigation and documentation of violations, prcparation of noncompliance letters and wamin8 letters and related activities as described in Attachment A and in accordance with the Storage Tank Program Guidance Memo on Po~t Inspection Procedures (2/26/96). Level One enforcement activities shall be conducted by an individual(s) in a position equivalent to an Environmental Specialist U level or DEP Contract No. GCS26, Page 2 of 11 16A higher. Noncompliance learn3 may be prell'cd and sent by an individual(s) at the Environmental Specialist I level under the direction of an individual at the Envi~tal Specialist II level or higher. All enforcement documents shall be on DEP forms, m DEP formal or have DEP approval. Any penalties t~,sed under this Contract shall be m accordance with DEP't penal~ policy and prncedures. The CONTRACTOR shall LUesS performance levels monthly to determine i~ pmsrt~ towards coraplctien of' each Task Assignment and upon discovery shall notify the DEP Task Manager of any problems that would delay or prevent the timely progre~ and completion of each Task Assignment. Four menths from the effective date of.each Task Assignment, the CONTRACTOR should havoc completed 33 percent of the r~:luired cor~liance inspe~ons as indicated by the Task Assignment. If the actual number of rt~uired compliancc ins]~tions falls below 20 percent for the fourth month, 30 percent for the fif.th month, 40 percent for the sixth month, 48 percent for the seventh month, 57 percent for thc eighth month, 65 percent for the ninth month, 73 pa'~:ent for thc tenth month or 82 percent for thc eleventh month, then the CONTRACI'OR shall submit a Corrective Action Plan, within ten (10) days of receipt of a wr/mn request from the DEP Task Manager, to the Task Manager describing the steps it will take to meet the terma of the Task Assignment. If there is any indication that other required inspection~ arc not being pedormed, the DEP Task Manager may request the submission of a Corrective Action Plan. The Task Manager shall be responsible for revicwin8 the plan and notifying thc CONTRACTOR if the plan is approved or in need of revision. If thc CO,',~FRACTOR docs not successfully implement the Plan as approved by the DEP Task Manager for the remaining month.s of the Task Assignment, the Department may withhold f~'ther payment of monthly invoices until such time aa the CONTRACTOR comes into compliance with those performance levels aa outlined above. A completion rate of 100 percent is required for routine inspections as described in Paragraph I.B.$ above. In all cases, the f'mal invoice will be paid based on the actual completion rate. In the event the CONTRACTOR is unable to mcat performance levels, the Department reserves the right to seek cost recovery according to the inspection costs identified in each executed Task Assignment Notification Form (Attachment 13. at,ached hereto and made a I~fl hereof). The ~t reserves the right to seek cost recovery in thc event the CONTRACTOR is unable to mcct performance levels. For purposes of this Contract, it is understood and agreed by the parties hereto that the first task assignment issued may be for a period of less than twelve (I 2) months. In instances where an executed task assignment is for a period less than twelve (12) months, the following method will be used by thc CONTRACTOR to assess perfornunce monthly: The CONTRACi'OR shall perform inspections as directed in the previously stated Priority Order. The rate of routine inspections, as described in Paragraph I.B.5 above, shall be at the percentage rate per month as identified in the Task Assignment. The CO,N'TRACTOR shall assess performance levels monthly to determine its progress towards completion of thc Task Assignment. If there is any indication that other required inspections are not being performed, the DEP Task Manager may request the submission ora Corrective Action Plan. T~e Task Manager shall be respons~le for reviewing the plan and notifying the CONTRACTOR if the plan is approved or in need of revision. To assist the CONTRACTOR in complying with the terms and conditions established herein, standard program terminology used throughout this Contract is defined and provided in Attachment A, a~ached hereto and made a part hereof. Because this Contract does not include services asso~latod with mineral acid tanks, it is understood and agreed by both pa~es that all references to Chapters 62-761 ~d 62-762, F.A.C. in this Contract and/or Attachments incorporated herein shall refer to the provisions related to the storage tank progrzm and shall not include the provisions pertaining to mineral acid tanks. It is hereby understood and agreed that all references in this Centract to Florida Statutes and Florida Adminisuativc Code shall be for the laws and rules in effect at the time work is performed by the CONTRACTOR. DEP Contract No, GC$26, Page 3 of 11 Th~ Department shall mut}~ari~ ~ CONTRACTOR to provide services under this Cotmnct uttltzin~ the Tmak A~i/nnx'nt Form mtllched lx, reto tad mid~ m ~ hcr~f # Attnchmnt l~. ~ CX:}}iTRACTOR ~cknowled$cs that r,0 work shall b~ perfoflned until ~ Task As~i~ tuLhortztnl woflt ht been full,/~ec~'d by thc Dcpsrtn~t and tb~ CONTRACTOR. If, QM'tn8 ~ term of' an executed TRak Asoi~ment, ~ modification of the Ta~k Assiiymx'nt ia needed, the Depml:mut may issue n new 'faak Asa/ptment Form ck'arly rmtrked with the odstflal mk numbe~ and the ai}proFriate amendment nundm', d~tmiltn~ the reviu~l de~cr/p~on of the ~)rit to be perfonlx-d. ^$ with th~ original tm. ink m~ri~m~ont, iii aflJendn~-n~ must be executed by both the Deparunent and the CONTRAG"rOR prior to the work beths O3NTRACTOR RF, SPON$IBILITIF~ The CONTRACTOR shill: Administer the compliance verification program, provide technical a~lstance, and perform enforcement actions. En~ into STCM and PCTS relaml data [enerated from th~ insl:ectiom under the direction of the DEP prior to the submittal of mn invoice, POPS, and yellow co$fies of the compliance verification forms ~o the District. Comply with all provisions of tl~ C~ttact and v~fy facility compliance with Chapter 37~ F.~, Chapt~ 62-761 and 62-762, F.~C., be knowledgeable of the differences between the state and federal envirorm~ental statutes &nd rules applicable to under~au~ stooge tanlm Requi~ that field impectiom be performed by qualified individuals and that they r~-eive trnlni~. on Chapten 62-761 and 62-762, F.A.C., Chapter 376, F.S., RCRA $ubtitle I slanda.,~ and DEl) Provide · sufficient number of quilified staff to satisfactorily compk,~e all the included in this Contrsct for Collier Count,/. All individuals hired ~ the effective dam of th/s Contract shall possess qualificatiom equivnlent to DEP position levels aa specified in the Contract All field inspectors and enforcement personnel shall attend and comp~ scheduled stora~ tank inspector certification ~ coune~ and pt~ any examinatiom ~ · score of 70% Effectiv~ tl~ second y~ of Rtls Contract, impector certification will be sx'quit~ in order conduct impections. If the emplo3~ fails to attain a 70% or ht~hor score, th~ employe~ may take the examination at the ne~t offered trminin[ ~ls~s. Dur~ this period the employee ma), conttntm rmh.mion of the fixed price n~otiated in the Task Assignment. Determine the accurate latitude tnd longitude coordinates for cech facility tnsl2ccted and enter these into the DEP inspection datahase monthly. Review CiosmT Assessment Reports filed by facility owne~ or opcrators to instu~ that the 1~3~Unenrm c~r~t Closure Ouidemines h,ve been follow~ Maintain files on regulated facilities for impeclion repor~ noncotnl)lian~ letters, or any other relate! enfor~nent documentation, telephone Io~s and written ~ the fa~lity. In ~ event of a case t~fen'al to the DEP District Off, ce for furt~or enfon:onm~ a case s~m,,aO', a copy of the co~le~ case file, and a k-tt~ of referral shall be DEP District Of~ce. Facility filea must be kept until the site has been det~mined closed. Once the fnc-Ility has been closed for five ($) years, the records shall be sent to the Storq~ Tsuk ~oa Section in T~laha~ for prc~Tt~t/on, uale~ tbe CONTRACTOR h ~ubj~ stringent local record rrXlUirements. Copies can be maintained by the CONTRACTOR at th~ CONTRACTOR's e:qx'me. If, for any reason, the Department's contracix~ arransement with the DEP Contract No. GCS26, Pq, 4 or 11 16A II. 13. 14. 15. 16. 17. 18. CONTRACTOR to perform the inspection program (through this Con~'act or any future contralto ceases, the CONTRACTOR ~ail m all origiul facility files to the DEP Coatracl Manal~ wi~in 30 cak'~lat days of Conu'~ct cxph'at~on or tcrrmnatiou. Provide attendance of at leasl one staff member at scheduled meetinp and at ~heduled teleconfesx'nces at the District Office. The DEP Task Manager may authortz~ mtlmdan~e a! a location other ti'an the Dis~a Office provided the availabilily of r~sonrces. Maintain a ouie,,t set of standards r~ferenced by Chapters 62-761 and 62-'/62, F.A.C. Enswe that all field personnel r~ccive the health and ufcty Irnininl rt, quin'd to meet OSHA stand,vds, DEP provides an $ hour r~fresher course fi.at is available to the CONTRACI~R. Supervise the Local Compliance Program with tn individual at m minimum equivalent Io the Depamnenes Environmental Specialist III personnel category. Perform all ci~ric~! and dam entry activities for the above mentioned la.sits, by an individual al a minimum equivalent to a Secr,:tary Specialist level or higher. Provide copies of applicable rules, inspection forms, and other program/public ~ssistance info~xnation m the public and rt-gulalcd interests, ltowcver, this provision d0o not authorl~ pbotocop-/ing of r~fer~nce d~ttrr~ts in violation of copyright law. Use r~cycled paper for all program conespondence and doouneMs with the exception of inspection m-q~rt forms. Maimain m separate account (Trust Fund or Cost Center) within the CONTRACTOR's accounting system for the receipt ~xl disbursement of funds provided under this Contract. Provide a Statement of Revenue, Expenses and Fund Balance for the period of the executed Task Assignnwnt within 45 days of payment of the final invoice. Provide complete copies of discharge inspection packages to DEP.Tallahassee within thirty (30) days receipt of the reported discharge. Send under separate cover the yellow copies of the compliance verification forms identified in Paragraph I above. The DEP may provide equipment for the CONTRACTOR under this Contract. Equitable and beneficial title to the property may transfer to the CONTRACTOR, upon delivery of possession and custody by the DEP. and accep~nce of delivery by the CONTRA~R. However, if the CONTRACTOR fmih to perform its obligations under this Contract, title of the equipment shall r~vert to the DEP. and the CONTRACTOR shall deliver pos,session and custody of all such equipment to the near, st District Office location, unless agreed otherwhe, within thirty (30) calendar days of Contracl termination, if the CONTRACTOR satisfactorily performs its obligations under this Contract, legal title of the equipment will vest, and the CONTRACTOR will hold entit~ title to the property. The CONTRACTOR is responsible for the upkeep and maintenance of all equipment purchased by the DEP for the CONTRACTOR, such equipment sludl be used solely for performing the requirements of this Contract, The CONTRACTOR has an affirmative duty to maintain the equipment in good operating condition, and to equipment with equivalent equipment if it is stolen or lost, until the date that entire titl~ ves~ Decumentation identifying the equipment, serial number(s) and cost per item, in addition evidence of the parties transferring and receiving the equipment will be required at the time of the transfer of possession and-custody. In addition, the CONTP,.ACTOR, as custodian, shah maintain an adequate record of pn:q~-rty in his or her custody, shall take an annual inventory of all such equipment, and shall rcpun to the DEP, any changes to the inventory record. Such r~-pon should DEP Contract No. GC$26, Page S of 11 16A 4 be f'tled on or befor~ June 30 each year. The CON'TRACTOR shall submit · written request to t~ l:)q~tment prior to disp~ing of any propefl7 provided under this Contract, The Depaflmem will r~-vtcw such r~uest and provide wrt~en authorization to the CONTRACTOR. either plnfln8 r~luest of requirin~ an alternative form of disposition, The CONTRACTOR must ~ the written authorization prior to disposing of the properS, 19. Access to DE!) dmbsses will be made by using an Internes coone~fleo, The~fore, tim CONTRACTOR is responsible for subscribing to and pay~flg for all charrcs related to use of the services of a re~utable Init'met service provider, 20. Acknowledge rcceipt of the following guidance documents: a, Storage Tank Penalty Guidelines end A~essments Memo (12/!/~$), b. Storage Tank Program Guidance Memo on Post Inspection Pr~:edut~$ (2/26/96), c, Pollutant Storage Tank Closure Assessment Requirements (t0/96), d. LimitH Free Product Memo (!0/30~$) DEP RESPONSIBILITIES The DEP shall: Administer the "Storage Tank Training Course" to provide h~x-ctor certification for all CONTRACTOR inspectors and enforcement personnel. 2, Serve in an advisory capacity to the CONTR. ACTOR. 3. Review submitted compliance ins~'ction verification forms. Provide program and regulatory guidar~e for the CONTRACTOR. Provide training in new technotoD, and program management chtnge~ at the Annual Program and Supervisors' MeefinSs, Conduct enforcement activities for violations of Chapters 62-761 and 62-762, F.A.C., when case rcferrah a~ forwarded to the District Ofl3ce, 6. ~rovide mndard i~pection forn~ to the COro%~CToR. Provide information to the CONTRACTOR about DEP approvah of storage tank systet~, equipment, alternate procedur~ licensed Pollutant Storage Systems Contractors (PSSC), and Registered Pr~-ciston Tank Teste~, At least once annually, perform a Program Review using Attachment C, attached hereto and made a part hereof. The CONTRACTOR shall be notified, in writing, at knst fmmeen (14) cakndar days prior to pcrforrmnce of such review. The Task Manages may pcrfown additional program re~,tr~vs, as deemed ne~em~, to/nsu~ the rcquircd performance of the CONTRACTOR. R~I~RTS AND DEU'v'ERABLF, S In an effofl to conserve arid recycle natural resources, the CONTRACTOR shall submit all repom and correqx~lence generated under this Contrac~ on retried paper. The CONTRACTOR shall complete the appropriate sections(s) as applicable f'or ~ch facility inspected, in accor~nce with Attachments D and E, attached hereto and made a part hereof. The CONTRACTOR shall send copies to the DEP Task Maflagcr's a~ention at the Florida Department of Environmental Protection, South District Office, Storage Tank Regulation Section, 2295 Victoria Avenue, Suite 362, Ft. Myers, Florida 33901, on i monthly basis, and enter this information, along with DEP Contract No, GC526, Page 6 of I 1 16A enforcement m~cking information` into the DEP computer database. The yellow copy of all compliance verification forms completed each month shall be submitted along with the invoice and IN)PS to the DEP- District no later than the lSth day of the following month. If the iSth falls on a weekend or State otnerved holiday, the CONTRACTOR shall submit the required information no later than the next business day followtnt~ the weekend or holiday, The Ih'osram Output Repotting System (PORS) Report (A~chmen! F (Page 4), attached hereto and made I part hereo0 shall be completed eich month and submitted with the invoice to the DF.J* District Once only. The DEP Task Mansget shall vefl~ the number of inspections on the POPS Repot to the number of compliance verification forms received and to the STCM database before the monthb/invoice ia forwarded to the B~s ~j' Peu.el~m Ster~g,e ~/stms in Tallaha~ee, Florida for ptocessinI. T~e DEP hag ten (10) working dsya from the receipt of all ddiverablea and repom to review the wodt perfm'med by the CONTRACTOR during the Invoice period. If the CONTRACTOR fails to perform as dkected by the terms of this Co.tract. the DEP shall return the unpaid invoice and/or rclxms and deliverables to the CONTRACTOR docm~e~fing the areas in which the CONTRACTOR ha~ failed to meets tea con,'actual obligetions. T~RMOFCONTRACT This Contract shall be effective on the date of execution or October 1, 1997, whichever la later, and shall remain in effect for ten (10) years following the effective date ofthe Contract. Any and all work tender this Contract shall be evidenced by an executed task assigv, rnent. In no event shall the CONTRACTOR perform work without an executed Task Assignment. The Department anticipates Task Assi~rtrnenta will be executed no later than Iuly 1 of each year detailing the recluiremenU foe the next tw~hee (12) month period. This Contract may be renewed for an additional term not to exceed the oriltnal Conwact period unless the original Con.act period is 24 months or less, in which case the Contract may he renewed up to two additional one-year periods. Renewal of this Contract shall be in writing and subject to the same terms and conditions of this Contract. All renewals are contingent upon satisfactory performance by the CONTRACTOR and the availability of funds. NOTICES Any and all notices shall be delivered to thc parties at the following addresses: Con~lCtor Mr, Irving Berzon Collier County Environmental Science & Pollution Contxol 3301 Tamiami Trail East. Dldg. H Naples, Florida 34112 Dc~t Mr. Marshall Mint. Smith Dcpar~ncnt of Envimnn%,ntal Protection Bureau of Petroleum Storage Systems 2600 Blair Stone Road, MS4525 Tallahassee, Florida 32399-2400 SUBCONTRACTING The CONTRACTOR shall not subcontract, assign, or transfer any work under this Contrect without the prior written consent of the DEP. COMPENSATION For satisfactory performance, DEP agrees to compensate the CONTRACTOR on a fixed price basis as descrroed by each executed Task Assignment. It is hereby understood and agreed by both parties that the compensation provided under this Contxact shall not exceed the amount negotiated in each executed Task Assignment for each specified period. The DEP's calculation of the fixed price identified above is based on Attachrr~nt B, entitled "Task Assignment ", atnached hereto and made a part hereof. Dr-P Contract N~ GCS26, Page ? of l I 16A The State of Florida's performance and obligation to pay under this Con.ct is contingent upon an annual appropriation by the Legislature and continuation of other funding presently anticipated. PAYMEi~i~ The CnN'TRaCTOR shall submit monthly in,~oices in the amount ~ecifled in the executed Task Aui~trne~t. EKh invoice s~ll be submitted using thc Contnctual Services Invoice form ptovtded II Attachment F, a~¢hed hereto and made a part hereof..Each invoice is due no later than the 15th day of dm month following the month of services, Travel expenses associated with the annual meetinl, Storage Tank Program Ouidance Committee Meetinss~ Tanks Program S~q~ervisor's Meetings, end travel required for i~t~x.~o~, ev~forcernent retnspection.,, dts~c! coordination, trnining and monthly teleconf~,:e~ included in the monthly payment schedule and no additional travel expenses will be authorized. Each invoice must be submitted in detail sufficient for preaudit and postaudit review, A finel invoton mint b~ su~m~i~ted within thirty (30) days of the completion date of the end of the executed Task Asst~m~.'nt to assure the availability of funding for paymem. The DEP shall pay all utisfactory invoices in accordance with Section 215.422, Florida Ststutes. Six copies of each invoice and PORS Repor~ form, shall be submitted to: Department of Environmental Protectior~ South Dist~ct Office Arm.: Send to the DEP Task Manager '~ drtentton 2295 Victoria Avenue, Suite 364 Ft. M~, Florida 33901 Pursuant to Section 215.422, Florida Statutes, the ~ent's Task Manager shall have five (5) working days~ unless otherwise s~ecified herei~ to inspect and approve the services for payment: the Depm'm~nt must ~ubmit I request for payment to the Florida Department of Banking and Finance within twenty (20) days; and the Department of Banking and Finance is given ten (I0) days to issue a warrant. Day~ ate calculated from the latter date the invoice is received or services received, inspected, and approved, Invoice payment requirements do not au,ri until a proper nnd correct invoice has been received. Invoices which have to be returned to a contractor for correction(s) will result in a delay in the payment. In accordance with Section 215.422, Florida Statutes, the Department shall pay the CONTRACTOR, interest at a rate u established by Section 55.03(I), Florida Statutes on the unpaid balance, ifa warrant in payment of an invoice is not issued within forty (40) days after receipt nfl coflTct invoice and receipt, inspection, and approval of the goods and services. Imerest payments of le~ than $1 will not be enforced unless a comractor r~lue~ts payment. The interest ra~e established pursuant to Section 55.03(i), by Comptroller's Memorandum No. 3 (1996-97) dated December 3. 1996, has been ~et at 10.0% per annum or .02740% per day. The revised interest rate for each calendar year beyond 1997 for which the term of this Contract is in effect can be obtained by calling the Dcpm'm'~,-nt of Banking nd Finame, Vendor Ombudsman at the telephone number provided below or the ~fa Contract~ Section at 850/922.5942. A Vendor Ombudsman hu been established within the Department of Banking and Finance, The duties of this individual include acting as an advocate for vendors who may be experteneins problems in obtaining timely payment(s) from a state agency. The Vendor Ombudsman may be contacted at (850) 488- 2924 or by calling the State Comptroller's Hotiine 1.800-$48-3792. blANAGEMKNT The DEP Contract Manager is Marshall T. Mo~-Smith, Phone 850/485-3935 or SunCom 278- 3935. 'l'ne CONTRACTOR's Contract blanager is George Yilmaz, Phone 941/732-2502 or SunCom 751- 2502. Each Task Assigm~ent will identify the DEP Task Manager and the CONTRAC'rOR's Manager. All marten relating to a q~-ciflc task assignment shall be directed to the task manasera DEP Contrnct No. GCS26, Page 8 of 11 apptopriatc action m disposi6on. ldanagen, All matters relating to the Contract shall be dircct~ to ~ Cone'act The DEP and CONTRACTOR agree to the follow~ng terms: Either petty may t,~minate this Contract for its convcnicnce by giving the other party thtrry (30) days wntte~ notice. If termination ts effected by the DEP, the CONTRACTOR s~li be compensated for work satisfactori~y completed and irrevocable commitments made, If terminatkm is effected by the CO~TRACTOR, the COt, rrlLACTOR ~nll be compenuted for work sa~factorily complcted. Ail ~rvlce~ shall be perfo~ by t~e CONTRA~OR to ~ satisfaction of the Secretary of the DEP or bis/laer designated representative. If the CONTRACTOR fails to rerform in n timely and proper manner, in the Judgment of the DEP, ~ DEP may terminate this Contract by thirty (30) day~ written notice, specifying the ctTcctive time/date ot' t~rmL,~tion. In this event, the CONTRACTOR shall be compensated for any work satisfactorily complcted. The D-EP and the CONTRACTOR may at &ny time, by written order designated to be a change order, make any change in the work within the general scope of the Ccmtract (e.g., spe:tflcationa, time, method or manner of perforn~nce, requinm~n~ etc.). All change ordet~ a~e subject to mutual a~cment of both panics and shall be evidenced in writing. Any change order which causes an bx-retse or cL-ctt, ase in the CONTRACTOR's cost or time shall require an appropriate adjusm~'nt and medif'~.a~n (amendment) to this Contract. The CONTRACTOR shall maintaL~ books, records and docurnents directly pertinent to pert'ormance under this Contract in accordance w~th generally accepted accounting principles consistently applied. The DEP, the State, or their authorized representatives shall have acces~ to such records for audit purposes during the tcnn or' the Contact and for tlu~e yctra following Contract completion. 'l'ne CONTRACTOR covenants that it presently I~u no interest and shah not acquire any interest which would ~ in any manner or de~'ee with the pert'onnance of services required. The CONTRACTOR warrants that no person or agency has been employed or retained to solicit or secm'e this Contract upon an ag~-emcnt or understanding t'or a commLuton, percentage, brokerage, or contingem fee except bona fide ¢~loyees or agencies maintained by tlm CO~XrI'RACTOR for ~ purpose or' securing business. The DEP reserves the ri~t to unilaterally cancel this Contract tot refusal by the CONTRACTOR to allow reasonable public access to all documents, pepe~ letterL or other material subject to the provisions ot'Chapter 119, F.S., and made or received by the CONTRACTOR in conjunction with it is he,by understood and agreed ~tt in thc event the DEP makes a ¢lea~ determination that the CONTRACTOR bas btcac, hed this C.~ntract to the extent that the CONTRACTOR is (at the sole dlacre~on of ~ DEP) inadequate to sdm~ntstct the S~orage Tank System Compliance Verification Program, compliance inspe~ons and preliminary enforcement acthrttt~ under Chapters 62-'/61 and 62-762, F.A.C., a~d ~ter 376, F.S., for reguLtted storage tank ~tert~ in itt jufl~tictton, or that s~cl~ program is being carried out in a manner inconsistent with the requirements of Contract, the DEP may, et an a.lternative to termination ot' this Contract and at the DEP'I sole discretion, require corrective metsm~ to be taken by the CONTRACTOR witlfln n teuonable period of time, not to exceed 45 da~. In the event the CONTRACTOR fa~ to t~e DF.P Contract No. GC526, l'sre 9 or 11 16A 10, 12. necessary corrective action within the time required, the DEP may terminate this Contract in accordance with pa. ragtaph 3 of this lection. A pe~on or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not perform work as a cont~ctor, sup1~lier, subcontractor, or consttltant ur~der a contract with any public entity, and may not t~'nnssct business with any public entity in excess of the threshold amount provided in Section 287.017, F.S., for Category Two for a period of ~6 months t'rom the date of being placed on the convicted vendor list, 13. The CONTRACTOR shall comply with &ll federal, state and local rule~ and regulations in provMing services to the Dcpa~nt un~ler this Contract. The CON'1'~ACTOR. acknowledges that this requtren~-nt includes compliance with ill feder~0, state and local health and .gtfety ruler and reg~la~ons. No delay or failure to exercise any risht, po~ver or remedy accruing to either patty upon breach or default by either party under this Contract, shall impair any such right, power or remedy of ettlwr party: nor shall such delay or f'ailx~re be consoled as a waiver of any such breach or default, or any similar breach or dcfault thereafter. This Contract is an exclusive contract for s~rvices smd may not be assigned in whole or in part without the written approval or'the To the extent required by law, the CONTRACTOR will be self-insured against, or will secure and maintain during the life of this Contract, Workers' Compensation Insurance for all of' his employees connected with the work of this project and, in case any work is subcontracted, the CONTRACTOR shall require the subeontz~c~or similarly to provide Workers' Compensation Insurance for all or' the letter's employees unless such employees are covered by the protection afTorded by the CONTRACTOR. Such self. insurance program or insurance coverage shall comply fully with the Florida Workers' Comlx'nsation law. In case any class of employees engaged in hazardous work under this Contract is not protectecl under Workers' Compensation srntutes, the CONTRACTOR shall provide, and cause each subcontractor to provide, adequate insurance satisfactory to the Dcpaflrnent, for the protection of his employees not otl~-rwise protected. The CONTRACTOR, as an indcl~endent contractor and not an agent, representative, or employe~ of the ~t, agrees to carry adequate liability and other appropriate forms of insurance. The l~nt shall have no liability except as specifically provided in this Contract. Each party hereto agrees that it shall be solely responsible for the negligent or w~on~ful acta of its employees and agents. However, nothing contained herein th~ll constitute a waiver by either party of its sovercig~ immunity or the provisions of Section 768.28, Florida StatuteL SEVERABILITY In the event one or more provisions of this Contract arc declared invalid, t~e balance of this Conu-act shall remain tn full force and efTect. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DKP Contract No. GCS26, Page 10 of 11 16A It l, bar, by understood and ,greed that this Contract stat~ the ~ sf~rmm~nt a~l ~t ~ parti~ a~ not bound by any sttpui, dor~ r~-nt~o~% ,~~ o~ promt~ oral o~ oth~wt~ no~ prim~ {m this Coutract This Con~ract may be modified by wr~t~ ~t executed by t~ ~ COLLIER COUNTY BOARD OF COUNTY COMI'dlSSIONEgS~.~ h' ', i~TE: , .. ";.~ "Ap~r~ed as ~o form' ';, legal 'sufficienc7: Thomas C. Pahner, Asst. Cry. Attorney FLORFDA DEPAR~ OF ENVIRONI~O~'TAL PROTECTION Chief, Bureau of Petroleum Storage App~ved as to form/legality: · For contrxcts with governmental b~trds/c~_i~ions: It' someone other than the Chah'txun s~gns this C. otfltl~ a ruolu~on, statement or othex docun~.nt authorizing the person to ~ the Contract on behalf of List ofAttnchmenm incl~led m part of this Coatrnct Attochmem (include number of'pages) Attachmem A Attnclunent B Attachment C Attachment D Attochment E Attachment F Standard Contract Definitions (8 pages) Task Assignment Notification Form ( I P,ge) Pollutam Stora~ System Cot~liance lnspect~m Verification Propxtn Review (7 pages) Pollutant Storage Tank S~tem Inspection Report Form (9 pages) Fio~da Petroleum Liabili~/and Restoration lrmwance Pro.tm Checklist (2 pages) Contractual Scr~ces Invoice Form (4 pages) DEl' Coutract No. GCS26~ Page 11 of 11 16A ATTACHMENT A STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Storage Tank Pm~ Local Government Contracting Standsrd Contract Definitions Aa_d~_tional Installation Insr~ctions CRevisits)-USTs Inspections performed at newly installed facilities in order to determine if the underground storage tank system was properly installed. These inspeciions are not counted in the total number of inspections. Installation inspections should be performed at the folio.wing stages: e Testing of storage tanks prior to installation. Underground storage tanks after installation, but before backfilling, Underground piping after installation and prior to backfilling, preferably during fightnes~ t~ting. Installation of release detection equipment. After backfilling and before installation of concrete or asphalt covering, ii' applicable. Installation inspections can be performed at existing facilities for components, ss well as, total system Installation~, but only at the time of installation. Additional Installation In~ections (Rrvisitsl-ASTs Inspections pm'ormed at ne, vly installed facilities in order to determine if the aboveground storage tank system was properly installed. These inspections are not counted in the total number of inspections. Installation inspections may be performed at the following stages for shop-fabricated and field-erected tanks as applicable: · 2. 3. 4. Secondary containment and storm water handling preparation. Tank installation and te:~ting. Piping installation and testing. Secondary containment completion. Installation inspections cnn be performed at existing facilities for components, as well ts, total system Installations, but only at the time of installation, RF2vIAIHDER OF PAGE I~I'ENTIONALLY LEFT BLANK DEl' C~tr~ Ne. GCS26, Attadunent A, Pmg~ 1 of 8 (or) 16A ATTACHMENT A STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Storage Tank Program Local Government Contracting Standard Contract Definitions Additional Installation Ins~)ections fRcvisits~-USTs Inspections performed at newly installed facilities in order to dctermino if tho underground storage tank system was properly installed. These inspections are not counted in the total number of inspections. Installation inspections should be performed at tho follo .wing stages: Testing of storage tanks prior to installation. Underground storage tanks after installation, but before backfilling. Underground piping after installation and prior to backfilling, preferably during tightness testing. Installation of release detection equipment. After backfilling and before installation of concrete or asphalt covering, if applicable. Installation Inspections cnn be performed at existing facllltles for components, as well as, total system Installations, but only at the time of installation. Additional Installation Inspections (Rcvisits~-ASTs Inspections performed at newly installed facilities in order to determine if the abovcground storage tank system was pwperly installed. These inspections arc not counted in the total number of inspections. Installation inspections may be performed nt th~: following stages for shop-fabricated and field-erected tanks as applicable: ' 2. 3. 4. Secondary containment and storm water handling preparation. Tank installation and testing. Piping installation and testing. Secondary containment completion. Installation Inspections can be performed at existing facilities for components, as well as, total system installations, but only at the time of installation. REMAINDER OF PAGE n'qTENTIONALLY LEFT BLANK DK]P Contract No. GC526~ Attachment A, Page I of 8 16A _CI__,:~,__ Closure Review Letter A letter sent by the contractor to storage tank system owners notiyng them tl~t tlagr Closur~ Assessment Report has been reviewed and that no cleanup is required ba.scd on ~ dais submitted. Clesnuo Notification Letter A. letter sent by the contractor based on the review of Closure As,sessmcnt Reports or Discharge Inspections informing owners of their responsibilit7 to proceed with m cleanup of their site in accordance with Chapter 62-??0, F.A.C., or wait for Department authorization to proceed with cleanup in accordance with Section 376.30711, Florida Statutes (F.S.). Thc closure of a tank(s) or component(s) from a single excavation or location (AST) during a continuous time period. Glosur~ ~ _s~-tion An inspection performed during or after a storage tank system closure event in order to determine it' the tem was closed in accordance with Department rules. Additional site visits may be needed to complete the closure inspection form for a closure event. No compliance inspection will be performed at a closed facility after a closure inspection. An expression of dissatisfaction reccivcd by DEP or local government personnel from a person who is concerned about a storage tank system installation, removal, operation, or contamination situation. Complaint InvestS_gallon All work associated with responding to verbal or written complaints and inquiries including the investigation and r~x)rting of possible violations of storage tank system rules and suspected releases. Complaint investigations shall be conducted by the contractor for any complaints received from any source or as requested by the Department. Tho investigation should include a complete and thorough Chapter 62-761, F.A.C. et C:lu~pter 62-?62, F.A.C. inspection for regulated facilitias as appropriate. Inspection results for regulated and unregulated facilities should be written on a DEP-approved standard complaint investigation form. Comvlaint Referral If it is dete,-,~fined to be beyond the scopc of authority of tho contractor, a complaint may bo referred to the Depaxtrnent District Office or other appwpriate agency. Tho tot`offals shall D~I~ Coatragt Ne. CA:25'Ii~ Attsehmeat A~ lsap 2 of I include copies of all forms and documented findings of the investigation as required by Com~aliance Verification Prom'am A locally administered program for the inspection of storage tanks as authorized in 376.303(1Xa) F.S. The purpose of this program is to determine and enforce complianc~ with Chapter 62-761, F.A.C. and Chapter 62-762, F,A.C. ~Contractor..owned Facility A regulated facility which is owned or directly controlled by the contractor. Discherz_ e Ins!acction An inspection performed by the contractor as a result of a notification of a discharge fi'om a r%,xdated facility or a potentially regulated facility. A compliance inspection where a discherge is initially noted will only be counted ~s a compliance inspection and a DRF inspection would not be requir~ however, a FPLRIP checklist shall be completed. A discharge discovered at any other ~me would require a separate inspection within ten (I0) working days of reporting. An Environmental Specialist I must have: -A bachelor's degree from an acci~lited college or university with a major in one of th~ physical or natural sciences or engineering; or -A master's degree from an accr~Lited college or university in one of the physical or natural sciences or engineea'ing; or -Professional experience in environmental protection, regulation or health; one of tho physical or natural sciences; or engineering can substitute on a year-for-Year basis for tho required college education. Note: Substitutions for qualified personnel can be made at the discretion of the Department based on the tenure of professional experience In a directly related field. Environmental Specialist Il An Environmental Specialist II must have: -A bachelor's degree from an accredited college or university with a major in one of the physical or natu~ sciences or ~gineering and two years of professional experien~ in environmental protection, regulation or health; one of the physical or rmtursl sciences; or engineering; or DKP Contract No. GCS26, Attaebment A, Fas~ 3 of 8 16A -A master's degree from an sccreditcd college or university in one of the physic~ or natural sciences or engineering and one year of professional cxperi~e ss descn'bcd above; or -A doctorate degree from an accredited college or university in one of tho physical or natural sciences or engineering; or · One year of experience u an Environmental Specialist I with the State of Florida; or -Professional experience in environmental protection, regulation or health; one of tho physical or natural sciences; or engineering can substitute on a year-for-year basis for the required college education. Not~: Substitutions for quslilled personnel can be made st the discretion o[ lho Department based on the tenure of professional experience in a dir~:tiy related field. Environmental S_oecialist III An F.,nvironmental Specialist !II must have: -A bachelor's dele fi'om an accredited college or university with a major in one of' the physical or natural sciences or engineering and three years of prof~-ssional experienc~ in environmental protection, r~gulation or health; one of the physical or nattual sciences; or engineering; or -A master's degree from an accredited college or university in one of the physical or natural sciences or cngineering and two years of professional experience as described above; or -A doctontte degr~ from an accredited college or university in one of the physical or natural sciences or engineering; or -Two years of exp~ence as an Environmental Specialist I or higher with the State of Florida; or -Professional experience in cnvironmcntal protection, mgulstion or health; one of tho physical or natural sciences; or engineering can substituie on s year-for-year basis for the required college education. Note: Substitutions for qualified personnel can be made at the discretion of the Deptrtment based on the tenure of professional experience in a directly related field. F..nvironmental Suocrv'isor Il An Environmental Supe~sor II must have: -A bachelor's degree from an nccr~xiited college or university with a major in one of the physical or natural sciences or engineering and three years of professional experience in environmental protection, r~gulation or health; one of the physical or natural sciences; or engineering; or DIP Coairsff No, GC~6~ Attuchment A~ l~sfe 4 or 8 16A 4 -^ masteffs degree from an accredited college or univenity in one of the physical or natural sciences or engineo4ng and two years of professional experience as descn'bed above; or -d doctorate degree from an accredited college or university in one of the physical or natural sciences or engineering; or -Two years of' experience as an Environmental Specialist I or higher with the State of Florida~ or -Professional experience in environmental protection, regulation or health; one of the physical or natu~! sciences; or engineering can substitute on a year-for-year basis for the required college education. An Envirortrnental Supervisor II must supervise at least two professional environmental positions to be classified as an Environmental Supervisor II. ir this criteria is not met, the position must be classified as an Environmental Specialist Ill (see requirements above). . Note: Substitutions for qualified personnel can be made at the discretion of the Department based on the tenure of professional experience in a directly related lleld. FPLRIP Checklist ^ checklist completed by the contractor as a result of a discharge to obtain information about the reported contamination. Installation Insoections The initial inspections performed at new facilities at the time of installation in order to determine if the storage systems will be installed in accordance with Department rules. Undexground systems require DEP Form 761-03-91. Aboveground installations require the aboveground compliance form (DEP Form 762-01-91). [s_rte Retaliated 62-761 & 62-762 Facilities A registered facility with eight or more regulated aboveground storage tank systems, or eight or more underground storage tank systems storing regulated substances that are either in-service, temporarily out-of, service, or unmaintained including bulk product facilities, bulk terminals and groups of facilities with a single DEP registration number. Level 1 Enforcement The minimum level of enforcement responsibility that a local government must perform as part of the Compliance Verification Program. The Department has the responsibility for the lead in enforcement actions. The contractor shall follow department enforcement guidelines and updates thereto as specified in the DEP Enforcement Manual. The contractor is respons~le tot:. 1. Issuing Noncompliance and Waming Letters. DEP Cou~rlc~ No. GCS26~ AR~cbment A~ l~s~e S of 8 16A Conducting or participating in informal complimac~ or technic4d me,tings with owner/operators to resolve violations. Documentation of phone calls, me~tings, etc., to pr~mr~ enforcement r~fen'gs to the D~artment. On site inspections mad ~inspections. Testifying at hcarinp, witnessing ss r~quested. Level 2 Enfor~mcn~ A mid-level enforcement effort wher~ the contractor is m pmrmer in the enforcement lead and that r~cluir~s thc contractor to have previously performed I~vel I enforcement for at IS one year to the satisfaction of the D~artmcnt. Thc contractor must po'form the followins additional actions: Preparation of Case Reports. Participation at hearings, depositions, and formal and informal meetings ms requested by DEP. Participation in pa~alty calculations. Prq)mration of draft Consent Orders, Notices orViolations, and Formal Enforcement inspections ss requested. l.~vd 3 Enforccment The highest level of cn£orccrncnt for a contracted local government where thc contrnctor has the enforcernent lead and ertforccmcnt is carried out under the contractors ordinance. The contractor must also: Take the lead in the discovery process. Be r~t~nsa'ble for judicial remedies, including the determination of civil l:~nalties, injunctive rdief, and assessment of damages. Complete Consent Orders, Notices of Violation, and Final Orders. Perform post judgment erLt'orcement activities. Obtain inspection warrants as needed. Non-comoliance Letter A letter sent to a facility owner/operator after discovery of a violation or problem at a facility. Other Administrativc/ludicial Actions Notices of Violation, Consent Orders, and Administrative and Judicial Actions. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DIP C~mtraet No. C~...q26, Atta~t A, Pale 6 of 8 16A Pollution Recovery Trust Funds Any fund with disbm'scrnents made in a mariner consistent with the intent of Section 403.165, Florida Statutes. Public Assistan;~ Public assistance includes all work related to providing technical, regulatory and other information to citizens, government officials, associations, plarming councils, and consultants in order to implement the storage tank program for above and underground storage tank systems. Examples include rule interpretation meetings or calls, speeches, presentations, and me~dngs with local officials. Rctulated 62-761 & 62-762 Facilities A regulated facility which has at least one storage tank system which stores a regulated substance that is either in-service, temporarily out-of-service, or unmaintained, and includes federal facilities. Rctqstered Closed Facility A facility with one or more storage tank systems which have been registered as being closed where there is no information or confirmation regarding the closure. If there are regulated activ~ tanka at this facility it should I:e counted under the regulated or large regulated 62-761 & 62-762 facilities category. These facilities should only be inspired once and are normally only counted during the first contract year if applicable. Re-i _nsoection A follow-up inspection performed by the contractor to verify correction of noncompliance items requiring verification at the site for storage tank system mica. Re-inspections arc required for all violations identified as having a moderate or major potmtial for harm to thc environment and a moderate or major extent of deviation from the regulations, as referenced in the Storage Ta.~ Penalty Guidelines and Assessments Memo (12/1/95). All violations, regardless of severity, involving notification or reporting will not require a r~-inspection. Routine Compliance Inspection An inspection performed at a Chapter 62-761, F.A.C. or Chapter 62-762, F.A.C. regulated facility during the contract period, for which an Underground Storage Tank Compliance Inspection Form or an Aboveground Storage Tank Compliance Inspection Form has been completed. Routine compliance inspections do not include enforcement related rciz q tions. D~P Coutrnct No. GCS26~ Attachment A~ Pale T of 8 (6~ - 16A 4 Secretary Soecialist One year of secretarial or office clerical experience and attainment of'a typing scorn ofat least 35 correct words per minute on the tTping test administered by an office of the Sob Service of Florida, the state cmploym~t service of another state, or the central personnel agency of another state. Possession of' a Certified Professional Secretary Certificate; or College education can substitute at the rat~ of 30 semester or 45 quarter hours for the year ofrcquired experience; or Vocational/technical training in the area of' secretarial science or office/business studies can substitute at the rate of 720 cl~ssroom hours for the year of required work experience; or A high school diploma or its equivalent can substitute for the one year ofwork experience. A formal letter sent certified mail to a facility owner/operator when violations have' not been resolved as a result of a noncompliance letter or if the violation merits more stringent enforcement, These letters should follow a format approved by DEP's Office of General Counsel. ~E~F~ OF PAGE INTENTIONALLY LEFT BLANK Contract No, Florida Department of Environmental Protection Task Assignment Notification Form Task No., . Amendment r~o., Date. Performance Period: Effective the Date of Execution of the Task Assignment or .... whichever Is later and shall remain In effect until . Description: (Additional Pages May be Utilized) Payment schedule: Task Managers: DEP Task Manager: Contractor Task Manager: Phone: Phone: Authorization: ~ ....... °7: ...... - ,...., ,~:~ ,, . .~,- .... Funding Notes: CC: DEP Contrict~ (MS 93) Finance & Accountint, Contracts Disbursement Section (MS 78) - 2 Copies DEP Task Manager Contractor Task Manager DEl' Contract No. GCS26, Attachment ~ Pate I of 1 ATTAC}IMENT C 16A 4 Compliance Inspection Verification Program Review The purpose of this review is to gauge program performance, specifically between the fifth and tenth months of the task assignment. Our ultimate goal is to ensure effective communication between the Contractors and D£P. This communication should be in both written and verbal formats. F..ach section contains an area for comments. The comment section should be used to explain deficiencies as well as to highlight superior performance. These reviews will become part of' the Contractor's permanent file. Every effort should be made to adequately sample the Contractor's performance with emphasis on inspection type, facility type and insp~tor competence. In all cases, common sense and discretion should be used by the reviewer to ascertain the level of' effectiveness of' the Contractor. As we collect these reviews, this information will be important in developing future contract and /or task assignment performance standards. It is also very important to perform these reviews in a timely manner. The rationale for choosing the period between the fifth and tenth months was twofold; The fiRh month is early enough to identify problem areas and the tenth month allows adequate time to correct deficiencies. In summary: 1. Provide Comments 2. Highlight Deficiencies & Superior Performance 3. Conduct Reviews during the Fifth and Tenth Months 4. Provide Copies to Contractor, Contracts Section and Program Administrator of the Storage Tank Regulation Section 5. Make Sure to Discuss the Complete Review with the Contractor, if possible, the same day. Distribution should be made within 2 weeks of completion. DKP Contract No. GC5'26, Attachment C, Page 1 of ? 16A Pollutant Storage System CompUa~ce Inspection Vcri~cetion Pro.am Evaluation ... County, DEP Contract No. GC. , Task Assignment No,. Evaluation (_ ._ through ) Facfllt~r 1nspecflous & Enforcement Actions: (see Attachment F, Page 4) A. 'i'be program is fsJling w~thin established compliance rates. B. The program follows cmblhhed ent'orcem~t case referral procedure. C. The program refers cnforcement cases in a timely manncr Y Data Management: A. Contractual Service Invoices, Pon, Compliance Activity Summery, Inspection Forms, tad lists of un~gistercd facilities properly completed and submitted to the DeptrUnent no later than the 15th of the following month of operation. Updated inspections in ~ no hter h'~nn the 15th ofthe month following the ln.spe~on. C. Compare STCM, POPS and Dcparrment copies of'the Compliance Inspection Forms. The reported numbers on all three should match without exception. (POPs reports should be submitted with copies of CIFs). D. DRF inspections pe~ormed within 10 days of receipt. E. 3'CAR's r~riewed and approp~te followup letters issued. F. PCT fully updated in a timely manner. 0. Each facility's htitude and longitude coordinates verified and database corrccted, as necessary. IL FPLRIP checklists completed and FPLRZP/ATRP/PCpp packages submi~d to DF.J) within 30 days of'notice of DRF. L Completion of'the requ~d inspections identified in thc currcnt Task Assfpunent in accordaoce with the schedule set farth in the contfltct. If'tho completion rate Ja less that 9~ t~e final payment of the Task. Auignment will not be issued. N DEP Contract No. GC526~ Attachment C, Page 2 of 7 161 113 stamnl: A. Suft'supervi~cd by tn tndi¥td~l at the DEP ec~i~tlent of ES 13I or Higher. B. t,ev~l one and two eu~'orcement actions performed by an individ~l at tim DEP C. lnspection~ conduct~ by an individual at the DEP equivalent of F.~ I or higher. D. Clerical ac~vities performed by an individu~ll at the DEP equivalent of Secret~ K All ~ppli¢~ble st~fl'rnernber~ hsve r~ceived proper OSHA health ~nd F. ~rs mxl,'or mll'member~ st.'nd the required mee~inis, leleconfe~e~.ces O. Ail tnspector~ ~md enforcement personnel h~ve passed spplicsble Ir~inin~ courts. IV, l~zbHc A.qsbtanee A. Responses to public assistance requests arc cortzplet~ in a t~mcl¥ marmoT. B. Compla~t invcstil~atlons az~ Ix~ormed and 6ocumentat~on submitted to DEP on a moutMy C, ~ information (Rules, Forms, etc.) ere available to the public t:lx)n rt~luest in fi D. Reasonable public access provided for aH facility files. V. Pro, ram Management: A. Facility files proi~ly labeled, maifltainec~ and oz~nnized B, Enf'orcenx. nt caz~ r~'~i~alf submitted to DEP az necessary. C. Proper attc'ndanco at scheduled meetings, D. Comph.-te andcun~t set or~f'erc'nce standards rrutntained. DEP Contract No. GCS26, Attachment C~ ~alo 3 of 7 F. Conv~ve Action Plan submitted to DEP wttht, 10 days of'rectept ora written rCcluest ~ the DEP project mana~.r as npplicablc/necessary. O. Corrective Action Plan succetsf.ully implemented. H. Brach of contract corrected within 45 days ts applicable/necessary. VI. Accountint A. Fintncial books, records and othcr documents maintained for cun',~t and previous year~' B, A separate account within the Contractors accounting system bas been maintained for the contract. C, POPs r~'port matches physical copies of'Compliance l~"ction Forn~ (CIFs) and STCM, For rcporta that do not n~tch, the county should be contacted and provide and explanation. Unmatched POR's billings should not be submitted to £mance and nccounlin~ for payment until reconciled. VII. Equipment A. Computers, tcrminnls md printers a~e maintained, on site, ~d aYaflable to storage tank B, Sttff are Izxincd in the proper usc of'computer and field e~fipment. C, Field equilnnent ts maintained, in good working order, and cah'brated. D. Pro~ram has the necesstry equipment to perform t~e inspections, VIII. Inspection Report and File Review: (see attached Exhibit 1) Contract No, GC$26~ Attachment C, Page 4 of ? Meld Inspe~on Evaluation** (see attached Exhibit 2) X. Coutr~ctor Input: Ao TN'hat l:n'obtems bare been B, Wl~t chanaes should be made? Rfvkwer CommentJ: P. ev~ Completed By: DEP Contract No. GCS26, Attachment C, Page 5 of 7 a STORAGg ?AHK FILg RgVIEW FOI~! ,racllit~ iD ~m Smmme~ TH~W ~) ~~) D~ Fret ~ h ~~l ~ ~m ~ . $1gnatuFe of Reviewer: Attach Sepa~te l)lle Explaining Deficiencies Dill: (*) Sullested but not required DEl' Contrtct No. GCS26 Attachment C, Fife 6 of 7 16A Exhibit #2 Field Inspections Evaluation were the proper Inspection forms used? were the inspection forms properly completed? 3. Did the inspector explain the inspection to the facility representative? 4. Were appropriate corrective actions recommended and time frames included on the form? S. Were violations accurately recorded and and described on the inspection form? C, Registration forms distributed and revised as necelsary? 7. Proper use of safety equipment? No Proper use of sampling equipment? List any differences between inspector's end evaluator'e inspection results, 10. List facilities inspected and attach Inspection report 11. Other Coew, ents, . DaP Contract No. GCS26, Attachment C, Psge 7 of 7 ATTACI{M'KNT %) Florida Department of Environmental i~rot~'ion Twin Tov,~J Of'rice Bid& · 264M Blah' S~ Road ® Tallahass~ FJo~da Division of Waste Management- Bureau of Petroleum Storage Systems Storage Tank Regulation Compliance Inspection Cover Page Inspection Date ~ !%} Number [ Facility County,I--3 [ Latltud.I "1 LoDjltudt ,, , Cede Deseflp~ioa Afflvlt~ Code De~crtrtbu ' A re*hspeffJo~ of Ibis Facility will be gheduled In approximately . day~ to verify correction of the Ylolatlous noted betttn. · raj I~lMpeetl~ resulted In CWOI:. Compliance Without Enforcement (circle) YeS NO NIA Date Oflle~ pboae mumlmm Fadllty Reprt. J~lf~ Nam4. pletM print Sllna~tre Data DF.P Coutract No. GCS26, Attachment D, Pale 1 of 9 16A ~ Facilily I.D.#: ABOVEGROb'N~ STORAGE TANK COI~LtANCE INSPECTION FOR~ REOI:~ i' I~TION/NOTI F ICATION: Comments: " l, Facilit7 has re~stered ~]1 Ipplicable mots on rite; 62.762.400 I. 2, ~t registrtflon plncszd is p~perly displayed; 62.762,410 (6) 2. ~ ~n,,,.on h- ~ ,~, ro~ the ro,o~.: 6~.~2.4s0: ~ A~ndo.mmt and closure O0 d~ prior); (t) (a) 4. O~ge ofownmhtp (30 days iRer): (I) (b) 4. ! '" 6, Change of ta~k stztus (in service/out o1' service); (I) (d) 6, & C~ange of me~hod fit financial respons~iJity (within 30 da~): (2) 9. The tllcility owner/operator notified D.E,R. or tnte~ll tank inspe~ion 24 hn prior to the ~ 9, ' 10. Los~ ol'g~catcr thit 100 g,qlons on tn impervious surf,ce or 500 gallons inside seconda~ 10, IL RECORDS KEEPING: Comments: " 'L i, ,, ~ .: I I, All records were maintained for two (2) years and were rvlilable to~ tnspe~on wi~in fiv~ (~) I I. 12. Some, but not ali records were maintained for two (2) years and were as~ilible for inspection 12. within five (5) working days; 62-762.7i0 / l/ / IlL REPORTING/DISCHARGE RESPONSE/REPAIRS: Commen~: ~ ~o~s m.~.:,,.,-, to,. th, ro,~.r. 6:.762.4~. ~ I~1 ~ ~ I~ ~]l~! di~ ~in1 25 ~1~ on a ~ ~e; (2) 14. · ~..~. ~" 15. ~~ofa~l~de~d~o~in~O) 17. R~ my ~1~ m~cu ~m tM ~ 62-762.820 (i) I 7. E':r,. ~rL 4< 19. ~ hiflal ~fi~ miom t~ ~ ~J~; 62-962.820 (2) 19. 'iV. INVENTORY REOUIREMENTS FOR TANKS IN CONTACT WITH TI. IE SOIL: Comments: 21. Some, but not ~11 inventor7 mquirm~ents maintained in ~e~danc~ with 62.762`T20 (!) 21. l I I ~ DI~ ]to~n 762.OI-91 (2 ~} Revised by DRJI ~-4.95 hge I Elf] DK~ Contrlel No. GC$26~ Attachment D, Pale 2 of ~ ABOVEGROUND STORAGE TANI~ 16A Facility I.DJI: Date:. .................... I COIvIPLIANCE INSPECTION FORM PERFORMANCB STANDARDS/CATHODIC PROTECTIO~i Comments: 22. Meets construcdon upgrading schedule; .$10 and .520 23. Meets applicable storage tank standards; (I). (2) & (3) 23. 24, Tank hms secondary conbdnment sy~cm: 500 (6) 24, 2~. Tank equipped, with overfill protection; (3) (O I-4, (g) mm m m -' 26. Meets ne~ pipin~ s~andards wi~ secondary containme~r, .$00 (4) & .600 (4) 26. .' · 2'/. Meets constru~on upgrading schedule; 62//62,510 (3), & ,520 (2) ; ': ," 2~ Failed storage tank s,/,~.m component properly required; (1)-(4) 29. Tightness testing of the required component prior to being brought back into re'vice; ()) 29. Cathodic Protection; 62-762.730 m mm m m : 30. CathndI¢ pmt~.ction s)~l~ for t~nk mhd pip,hi prov(des continuous Ix~tecflon; (I).(4) ~ 31. Does ¢onb'dnmem m~ have suffictent volume; ~00 (6) (m) (2) )2, Is Ihe containment a~m mmde out of impervious mmleriml in accordance with Chmpter 62-?~2. ~2. ~ ~.~,~!,: $:). 15 th~ ci~t'*tnmenl mr~m equipp~l with draim~g~ system or p~tected from accunmhaion of r, ln; 34. Hydram pits equipped with spill prevention equipment: (5) VI. RELEASE DETECTION/MONITOR WELLS: Corm'ncnts: ,~', 35. PKflit7 hms mi approved rclemsed-dctecfion sys~ 62-?~2.600 & 62.?62.$60 35. 36. Monitoring w~lls propofly designed, constructed and tns~,,lled; 62//62.640 or 62.762.600 (6) ?'A' .~'..~:~. 37. lntemittal rnonitorin; ~dequa~ to detect a r~lemse from integral piping; 62-762.(d)0 (4) & (5) 37 ..... VIL OUT-OF SERVICE STATUS; Comments: ~.~',: < , '3%, AJ~ the corrc~ve protection devices properly rn~qttlned; 62-762.800 (I) ia) 31 .... 39. I,: the vtmt line mad othcr ancillary equipment properly secured and maintained; (I) ('o) 39. · i~7);'.~, ,,?. ::" : sclYlce; (1) (c)'fe~ ixffom'wcd to Insure the integrity of out-~f-~."TV~Ce systcm prior to being returned to 40, mill ~VIlL VARIANCE: Comments: ~.~.~: : 41. Hms the M:tlit7 for m Altemmte Procedure; 62.762.8~0 (I) 41.~ m ix. oYH FJ).s: Commcn~: : '~.',, {':"'::' 42. Anyothe~violmttonnoteddurinsinspeclton(l~plainincomments) 42'1'1 ~ i I ' ~ .... OEP Fa'm?62.Ot.gl ('2 bm--) Ke~,d by DPJ4 s-4.gs Contract lYo. GCS20, Attachmen( D, Page 3 of 9 16A Facility I.O.~ UNDERGROUND STORAGE TANY, CLOSURE INSPECTION FORM ]~BGISTRAT1ON AND NOTIFICATION: 62.761.400 & 450 FAC: Comments: s Proper notification made 30 days prior to tank(s) closure; .405 (I) (a) 2. ,~'~ :.'i;37.~'~ not~. ~ ~4 horn ~ ~, stor~ m~,) ct~, .4SO (4) CLOSURE PROCEDUR~ATU$: 62-761,800 C~ $. Storage tank(s) ptopcrly clog. d and r~oved from ~he st~; (2) (d) '/. Storage tank(s} ixo~t7 closed ~lhin 90 days of discov~'yl (2) (m) '7. ,. 9. Storase tanks properly purged or Jnerted pdoF to tranq:~rt; (2) (d) 9. '~ ~t~: ~:':~ ~ ~ .w~. ~ . .... ' ! l. All monitorin8 wells kl~ in phc~ for contmnirmion ~zsment purposas; (2) (I) t I. ~:~ ;It'?"All moaitort~,,d~ ~,~ ~ p~x'rt~, ,b.~dor~d; .SOO (~) (f) 12. 13. A clorara a.ssas~n~t wu prop~ly Ixrform~d; .~00 (3) IDISCHAROB ILEPORTING: 62-761.460, F.A.C,: Co~u'r~.n~ m I 15, ~h~ R~nin~ Fo~ ~RF) ~bmi~; .4~ (2) 14. I:}~Pltmu'161.04-91 (! Pap) Revia~ by DPJi 3-4-95 DIP Contraet No, GCS26, Attachment D, Page 4 of 9 16A UNDERGROUND STOI~GE TANF. INSTALLATION INSPECTION FO~ I Z Noflflcsflon of i~tafl~ or u~ing ~n~-four houri pdor to stm; .4~0 (4) I F~cilil7 I.D.S: IL T/~KS PER,FORJVIANCE STANDARD~: 62.761.500 Comments: ': ~ $. Tanks designed end constructed oftpproyed mnteritls ~cording ~ rcfcrcnced mndards; (I) $. I Ii ~. Treks tested prior to inst~llafion using rcl'cr~%"cd s~andsrds and m~ufnctur~t's ifls'ttucflof~s; 6. 7. Used tanks t~tifld prim to inmll~on~ (!) (c) '/' 8. Sccond~ry comainmcm pt~'s~ to h~'m'dous subst~ce stor~ie~ .S00 (I) TANK EXCAVATiON~ 62.'761.$00 (3) Comments: 9. Tank excnv'afio~ does not jcoperdizt the foundations of any or, ire buildin&: NFPA 30 9. 10. T~nk cxcav~tio~ pto',44es n minimum clcmmce of ! 2" (stol) or 18" (F'RP) in ~11 horizontal I0. dir~ction~; AP! 1615 IN I I !1. Tank ~xcav~ion is deep moush to provide fm backfill below tank bottom of at 1~ 6' (~1) II. }2. F~ t~Ak.110<~ted in non.trm~"{3c mr~a~, cove' dcpth i$m rain{mum o f 24"; of I minimum of 4" 12. l 13. For ta~tks located In t~aff~c ~ cov~ del~ is I minimum of 36"; °r u tr~imum °f I $" well 13. · ~,*~: I~ ~ pl~ 6" rdnl'orced co~cr~, or &' aq~altic coacrc,~, NF?A 30+ Al'! 1615 mIi ]4~ Clc~,~ non-cormsivc b&ckfiil rrm~,,1 (s~c~l) 16. Seco~ co~t~mrncm lincrs made ot'impct~ious I~. T~,~.s sq~r~cd from ~ I,.~d suff~c~ by 12' und? 19. Steel ~ ~'~ dc~ricdly tsol~'d ~rom ~chor ~r~ps? 19. CATHODIC SYSTEMS: Comments: Calhodlcally protected tanks and pipin{ meet the requirements of 62.'761.500 (I) (a) and 62-76l.:~00 (2) I ~.)_&L.(C)gspeci,lly top, din, the follow, ns: I T,,,k, . 23. Pipin& lXOpa'iy isohtcd Sacrtr -h Anodes ': ~2.4, Aaod, tnlllll~inth~mnnul'nctmL~qx'dflmclb~c~fill 25. Anodes unM'~plx'd fi'om p~ckinl prior to instnll~ton · :. '. ~'26, 'C4mnectioa made between I],,e protected structu~ and the anode lend wire Fa,m761.03.-91 (3 Pales) Rrdsed by DP, H ~4-9~ 21. 24, DEl) Contract No. GC526, Attachment D, Page S of 9 UNDERGROUND STOI~GE TANK INSTALLATION INSPECTION FORM 16A 4 Facility I.D.~. Dine:. 31. 32. ~ING EXCAVATIO~J~ERFORMANCI~ STANDAI~S: 62.761.$00 Comments: 33. ~,ecmda~ containment for ptpt~ 33. ,'~. ~ 34, Piping desi~'~e~ ~ constTucted to meet manufacturer's sttn<Luds .34. I 3~, Linen used tot seconda~ comainment meet tef~4~.ce standards; .$00 ('7) ~d .[60 ~6. I 37. ' Piti back~ll c~stm o f w~ll~ m~.c~rmsiv~ backfill as =Pecffl~ by ~ 37.; I 3[. Non-metallic pipinl t~alled in accordance with mnnufnctur~,,l specifications: A~I 1615 38. . .';,.:'39. Pii~nlSoe~notcro~ .o~'tanl~,API 1615.: ; ,%:,? 39. I .... l ~ ~u~d~tlin~slo~ktethe~;API 1615 40. Vl. PIPINO ~ONSTRUCTION: 42. Pt~ngjoin~ made liquid filht with s~icsble sealant; NFPA 30 42. 44, Dispcnser liners properly dt~'iDed and comtmcted; ~2-?~ i,500 (6) & (7) 44, ~ Confrn~ No. C.,C~6, Attachment D, Page 6 of 9 UNDEROROUND STORAGE TANK INSTALLATION INSPECTION FORM covet properly installed Ind identified; (I) (e) ?., 8., & 9. ~.,qu~ w4th i to~ked w&ter-ttSht cs~; (1) (6) 9. Facility $7. :SI. 60. 61. 62, DSPForm 761-03-91 0 hr:s) Rrvbcd b~ DJU. i DI:~ Contruct lqo. GC526, Attscbment D, l)age ? of 9 LrNDEROROUND STORAGE TAHK COMPLIANCE INSPECTION FORM OTIFICATION:Comrnems: t:~i~ ?:i I. F~flit7 has I~,~istered'all .ppltc.ble tank. on ~l~ ~2.761.400 I I 2. Ctm~nt_regigtration placard is prolxrly display~l; 62-761.410 (6) [© I 3, I J 4. ChanZe of ownership (30 days m~cr): (I) ('o) I ! 6. Change of tank status (in serdceJout of service), (within 30 day~): (I) (d) I~-?/i.~ I T. Chnseofracilitymtus(e.g, substmncusmred),(wi[hte30~ysy,(I)(e) I [ 8, Change of method of financial responsibility (within 30 day,); (3) t ! Foctlit7 I.D.#: Date: IL i~ECOR, DS KEEPING: Cormncnts: ~'~::','~%': 10, AIl teeord~ were mantled for two (2) year~ lad were available for in,specflo~ wj~bl 1 I. S~, but not mil r~cords ~ r~intmined for two (2) ~ml and wer~ available for I !. iq,~on withi, nye CS>,vorkinS da~,: 61-761.~0 0) ~ ~1 N ~ IlL REPORTING~IgGH6RGE RESPONSE/ILEPAIR$: Commcn~ r~,;,i,~ i~-~-.~,~g requiie,i~nZs have been met for the follow~n$; 62-761.460: ~,~.~...::. ! ~ 12. Results or dghmess test; (i) 12. 13. Any spill, overfill, or other discharse within one working day o{'discovery; (2) 13. ,'.~ ~. ~ ?': I~, Suspect~ releases within one worktnl day of dlseovery; O} (aL (b) 14. 15. Conflm'k'd r~leases (j>ositive response~ ora release dettction device) within one I$. working da), of discovery; (3) (¢) The ewn~t, th~ opemor of the system which hms disch.ged hu: IIII ~, ,.~ '.- ~.~"~"~ 16, dosedTIken It out-of, eerdee;it~ .~20 (I) 62.'/61.?00 (I), End il ~tit~l a~ ~,"placed~. ~i", · '700' Ol'i~)~ I~. IIi I' ~'"~" !?. Remo.,~d any relulated substances from ~e syste~ 62-761.~20 (1) 17. ~ w., ~:, · · ,~, '.?: ~ ..,"; ..l& '13$hme~ reseed atl repehtd compoeenU bd'ore plmlng them back in m~ice; 62.76 I.?00 (6) 1~. 19, Had repairs or replacements performed by a certified contr~lor, 459.10S (3) 19. ~,,, ':? 20. Had tighmesa test performed b), regista'od tank te~er. 62.761.200 20. 21. Be~m initial corrective ~cfior~ for a release; 62-'/61.1~20 (2) 21, ilV. ' lNVE74'FORY REC~UIRE~ENT~; Commcnls: '~,~.~=;?' "".~ ~ M~ ~bicc~ ~{nai~ ~ ~ ~lh 62-761.720 (1) ~. I I i I ~. ~ ~t not Ill invmto~ ~ui~u ~n~n~ In K~rd~ce ~th 62.761,720 (I) 23. I i I I V. PERFORJ~IANCE ETANDtypd::)S/CATHODIC PROTECTION: con~nents: St~ ~k ,.~ ii~ i~, 62-761.$00, .$20 and [,,~ ~.~:~'/, ,~ 24. Facility me~ applkable ~orage l~nk ~andatd~ (I) 24. 25. SyJtems meet sitia~ require'neats; (4) 25. l~,;:::~a~' :"~'~ ';~ ' .',.~ ~. 'Junk(a) equipped with spill ¢oa~ammt; O) (b) 2~, r ~r7. T~=) equipped wit~ ov~w~ll projection; (~) ('o) 27. Del~ Finn 76t.O'J,-el (7, I'~le'~) P.c,vbed b7 DIU~ S-~-9S Pule DKP Contract Ne. ~d::S2~, Attachment D, Pmfe I of 9 16A 4 Name: FnciliP/I.D.#: Dnte: UNDERGROUND STORAGE TAN1( COMPLIANCE INSPECTION FORM ~ .............................. &'~ B~.[~ Itm.:i b.q&. PERFORMANCE STANDAKDS~CATHODIC PROTECTION: Continu~: ~. N~ piping h~ ~ond~ ~tzln~t; (2) 29. 30, Di~n~ ~ u~ ~ p~ly In~ll~ ~ ~tntatn~ linc~; (6) 30. 31 F~i~ ~ ~cfl~ ~in~ ~u1~ 62-~61.~0 (6) 31. 3Z ~ic ~ ~ ~d~ comlnuo~ ~tectton; 62.961.930 (1~(4) 32. 33. P~SSC co~t~ ~II ~o~e ~ ~in, in~altations or ~vds; 62-96[.740 (1~(9) 33. ~. T~ ~ ~ ~ D,P.~-~gI~ t~ 62-961,940 34, kELEASE DETECTION/MONITOR, lNG WELLS: Comments: '~C~..,: 35. New pedicure or haza:dous substance stora~ tanks provided with an approved rel~ 35. · 36, All reletse detection sys~'ms meet general rdesse standards~ 62-761.600 36. ~::~'.~ .37, Rele~s~ detection ~cms 're moedlorcd for a 41tdmle at k~st eva'Y 30 d~YZ; 62-761.600 (5) 37. 3& Gmundwntet monitoring w~lls ~'c properly sampled m~d meet requiremenls of 62-761.640 (I) 38. ~¥i' 39, VN~or monitoring wells ~re properly s~npted ~nd meet the requiremeats of 62-761,640 (2) 39, A, approved r~lca.se detection system is provided for: 40. Exlsting h,,z~,-,~ous substance storage t~nks: 62-761.560 40. 41. Existin8 vehiculm' fuel storage t~nks; 62.761.610 41. 42. Other ex, lng re~lated substance storage ta~; 62.761.620 aZ 43. Integral piping lxovided with secondary containment; 62-761.630 43. .~.,,~ ~--. 44, l~tcsml piping without secondary conr, sinme~t; 62.761.640 (3) 44. i .. VIL OUT-OF-SERVICE STATUS; Comments: · ": 45. Slor~e ~ hav~ been ~cd o£re~ul~ed ~ul~nces~ 62-761.200 (26) 45. Out.f-Service storal~ tank systems have; 62-761.800: I I I m · , " 46. Corrosion pmtecllo~ properly trmtnl~ined; (l) (a) (I) 46. 47. Release dctection system, mo~itor~t for cvidence ot' a disch~e at leas~ every six months; (I) 4'/. : ~i': 4~ Vent lines opm, nncill~/~uipmcnt secura~ ti) (b) 48. ,, 49. Been ups, reded or r~iaccd before returning to sa'vice: (I) {c) 49, '~' ~ Been tested tight before remmm8 ~ service; (i } (c) 50. $l. Been out-of, scrvice tot no rno~ th~n two yesra: (I) (d) 51, ']-~.'~" · ~2. Be. en out.ol'-m'vi~ ~ no mo~ th~n 12 mmths (.nl~aCected bm'e s~eel syst~ns): (2) (b) 52. 53. Proper closure for nn un-maintained tank; (2) 53. ~ <~: M. Ha · closu~ mmment Ix~ormed: C3) ~4. .... .,.,.: $$. Facility Applied Fm Alternate Procedure (Explain in comments) 62-761.850 55. ~':,i~:. -: ~s. Any other vlolatlofu noted durini ir~pe~o. (Explain in comments) Dig" Fm'm761.o~-gl (2 Pips) Revt~ by DRH 5-4-95 hi* :2 of 3 DEP Contract No. GC526~ Attachment D, Page 9 of 9 16A A'I"I'A~]~IT i; DEP Fec~lty Number: Feclllty Name: Dire: Department of Environmental Protection FI, ORiDA PETROLEUM LIABIUTY RESTORATION AND INSURANCE PROGPJUVl COMPUANCE CHECKI. I~T a Flq. RIP O ATRP O I)CI~ Q OTHER DATE OF DISCHARGE: . DEP Fecillty Number: Telephone: ( ..... ) L~tttude: , ..... tho INml below thet mey indioBte non-~ompllmce or gees neoflgenco or unknown. MeIN ixpldn In dotldl, Ittich eddltJMd j)lgel N IWQe#ery~ doe, pro~4de eupponJng documemBtion Ind i vicinity ekBtch: Yn NC) COMFH_LA. NCE WITH CHAJ~TER 376.3072 F.8.. AS r'l r'l ¶l. Was •fly contimInBtion ripertod (d~ecowredJ pder tO the cun~flt dlochMg~? ri i-i 2. lb. If yet. wes off approved method of release detection Inst~ed by Jofluery 1. 19977 . WhBt r~thod? His propel demonitmtk)n of f~enclll reoponslbmty been mode in iccordlnce whh Rub 62.761.480 or 62.762.480, I""! [] 3. Hal I Storege Tek Program J~spectlon ever bo~fl Perfumed for thio f~.ill~ In lccofdoflc~ ~ ChII~II' 62-761, or 62-762. F.A.C.? If yes. 0lv~ tho dBte of the most riceflt Inspoctk)n led 1,4~olv · c~l~. []Compliance: Hove all previously Memifled violations (Mod/Mod) been corrected? [] Closure: [] Inltelhltl(m: [] [] 4. Has the owner or operator Intentionally caused or concealed a dJecherge of disabled leak detection equipment? Has the owner or operotor fulled to report a suspected release withIn I working {Sly efta discovery? · 0 [] 6. r'l r'l e. Hal the owner or operator, wllhin 3 dM of discovery of an IchJd now dlochirgl, flied to to test or empty the storage tank system end cemplete such Icthtty wtthin 7 doy~? [] [] 7. Hal the owner or operator, after testing or empt~/~g the Btorige tank system, ~mled to i)e0CNd withIn 24 houri there~ftm to id)Btu the known mwrce of the dlechmge M tO begin free product Nmovd rM~tlngtomK~udnewdbcherge~ndfMleSitocomplBte mbmemeflt within 72 Itoum, dlhOUgh ~ ATTACI:[MF, NT F CONTRA~~ SERVICES INVOICES VendoF~ Bill To: Co~ctor Use: F~ Pflce: C~t Plus: I. ~c~uk ~ ............ S 1. ~n~ ~ ............ ~ ~ ~ly ~ic~ ........... 2. ~ ~o~1~ Invo~ ........... 3. ~!~ gcu~gc ................... 3. ~ ~ge ................... 4. A~b~ P~~e F~ ........ 4. A~le P~~ F~ ....... S. ~b~ To~! ............................. ~. Su~ T~ ............................. ~ ~ke ToUl ............................. 6. ~voicc To~ .......................... ~,~;.~ ....... ~~~ ,. ** .. . ...... , ', .. * -~ ~..~ ~ . . ..: : ~.~ ~. :' . . ', ~ . ~ ::~ *.,.~..~ '..:v ~. ':'/ ' 4L ~'~E~t~:'~'' ~ .~ "~ :'*:' '~*~'~ DEP Cmutract No. GC526~ Attaclunent Ir, Pa~ 1 of 4 16A Instructions Invoice No,: Con~c~or/Co~ulanCs bLllin8 number. CoutfllCt No,: FDEP's Contract Number. Ttskl~o,: I:DEFs JobNumber. Task must be invoiced scparately, However. Mor~thanonesubtaskofd~ same task tony be included. Date: Date of Invoice Period of Service: The beginning and ending dates of the work done by the Con~cmr/Consuttant. V~mion Coniractot/Consultanfs business name and mailing ~ddress. ~ No.: Contrnctm'/~',o~ultanfs federal employment identification number. Telephone: Contractor/Consultant's telephone number for contract contact person. A[~t: Co~trnctor/Consulumts contract contact person. Colgr~ttor Use: For Contractor's Consulttnfs use only(e.l., any billing information unique to abe Contrac~or/Consul~nt's billing system). lqttd Price: I£ the contract or task is to be billed es a fixed price contract~___(k, fill in these blnnks. Fill in ~ applicable blanks and place "N/A" in the non-applicable blanks. 1. For tasked conuacu, enter only the amount of the ta~ bein~ invoiced. For nontasked conlncts, enter the to~al contract amount. 2. For ta~ked coniract~, enter the total amount previously invoiced for the task I~in8 invoiced this time. For nontasked contracts, enter the toutl amount previously invoiced for the contracL 3. Enter the appropriate amount if the contract provides for r~ainage. 4. Enter the appropriate tmoont if the con~nct provides for a performance fee. 5. Enter the total amount for nil subtuks being invoiced this time. Ifthe Optional Wodtahe~ is used, this amount would be the total oftbe entries in the '$ubtask Total" column. 6. Enter the total amount being invoiced this time. Cost Plus: If the contract or ~sk is to be billed on a cost plus f'xed fee b~sis, ~ in these bL~l~. Comple~ aH applicable blanks md place "N/A" in the non-applicable bln,lr~. i. - 2. See explanation under "Fixed Price". 3. Enter the appropriate amount if the contract provides for a fbted fee. 4. - 6. See explanation under "Fixed Price". DEP Use: For FDEP coding only. Con~c~r/Con~t should not Mite in this spice. Optional Worksheet: The second page of L~ con.ct invoice may be u.scd at the Conu-ac~/Consultant*s discretion to pwvide additional information. DKP Contract No. GCS26, Attachment F, Pale 2 of 4 OPTIONAL WORKStlEET FOR CONTRA~~ SERVlCES INVOICE 16A ~ ~ulm.d~ Sub~k To~l T~ ~k~ Dm Subt~k % Com~lcte l~ou~ Billin~ D~ ~ No. GC~2~ AtfJchmeut IP, ~ 3 or 4 Florida Department of Environmental Protection Task Assignment Notification Form Ceetrnct No,~ Task Ne, I Amendment No, Date Ptrbru~mcePet4od: L'TecttvetlmihteofExecutbmoftbeTmdtA~ er ~3gjlt. r_.L~L~ wtddtever h laMr smd droll resuda la dYect until June JO. 1999, Ihs:rlptio~ (AdmUeed Pqu May be Utmtcd) Contrm:tor will complete assi _tn~! task itt rltt of not less thin &3% oer month ac~ordlnt to the priorities described iff Exhibit #1. Facility Priority Raflkinf List (29 Dat~tL__Ezhiblt #2 Identlfte~ ~HIXI:K~K.~iZfl~d Facliitlfl f3 nates1 and Exhibit #3 ¢1 oa~el [dentif~s tuber of regulated tankt aa of Aoril 15, 1997 and the fundlnn aJIotment for FY 97-99 as Indlctted b~4ow. To incretse the ef~ and consistency of the task assiznmcnt, OEP will ourcbase comouter e~uJomeut for the exDIklt use of oerforminn the reouirements of the anltned task& Payment schedule: Pa,vment$1 - 8, S10,.R84.33 Payment 9, SI0.584.36 Task Managers: DEP Task Manaser: Vinci, MeI~ Contractor Task Manager: lrvin~ B. crzon Phone: ~ . Phone: 941/732-2502 Authorization: DF.P Contract Manager Date fontractoF's Contract Funding Notes: CC: Dm* Cm.-acts (MS 93) Financ~ & A~ Contracts Disbursement Section 0vIS ~) - 2 Copies Coatractor Tisk ~ DKP Comtrnct No. GC'$26, Attnclumeut IL Pnge I of I £xh~b~ #l 16A Collier County Tanks Priority Ranking List Compliance Verification Program Count of EVALRESU I 'EVALRESU FACDET Total ACTIVITY MISSING D A'CTIV~TY MISSING Total ..... 26 HISTORICAL OUT-OF- C'OMPLI~CE ID ,,[~ 10 HISTORICAL OUT-OF-COMPLIANCE Total 12 IN-COMPLIANCE ID 70 IS 681 IN-COMPLIANCE Total 75i MINOR OUT-OF-COMPLIANCE 'IS ' MINOR OUT-OF-COMPLIANCE Total SIGNIFIC~T 0UT-OFLCOMPLIANCE" ID ......... !? is SIGNIFICANT' OUT-OF-COMPLIANCE Total 76 Grand To~al .... 868 D-Double Walled Tank System ~ __ S-Single Walled Tank System t Page I II , 16A ~+ 16A ~ ! Exhibit Collier County Tanks Priority Ranking List Compliance Verification Program ~Count of EVALRESU EVALRESU FACDET Total ACTIVITY MISSING !D ACTIVITY MISSING Total HI STORI CAL OUT- OF- COMPLIANCE J~, 2 10 HISTORICAL OUT-OF-COMPLIANCE Total 12 iN.COMPLiANCE "' iD_ ........... 70' IN-COMPLIANCE Total 751 MINOR OUT-OF-COMPLIANCE IS 3 MINOR' 'OUT-OF-COMPLIANCE Total 3 SIGNIFICANT OUT-OF- COMPL'~ANCE ID 59 SIGNIFICANT ouT-OF-COMPLIANCE Total 76 Grand Total 868 D=Double Walled Tank S),s~em !S=Sing, le Walled Tank System ........ J ...... Page 1 Collier County Facility Count 16~ 4 Count of EVALRESU EVALRESU FACDET Total ACTIVITY MISSING .... D ' 1 S 16 ACTIVITY MISSING Total 17 HISTORICAL OUT-OF-COMPLIANCE ID "1 Is 7 HISTORICAL OUT-OF-COMPLIANCE Total 8 IN-COMPLIANCE Toial 281 MINOR OUT-OF-COMPLIANCE IS 3 MINOR OUT-OF-COMPLIANCE Total SIGNIFICANT OUT-OF-COMPLIANCE ~D Is 22 SIGNIFICANT OUT.OF.COMPLIANCE Total 29 Grand Total 338 $.Fecility with at least one double weP.~ system ! 16A ! 4 l ! 16A 4 I ,16A 4 16A 4 Ii o~o ~o~ff o o oeoo oo ooo oo &~ && & ........ 16A ~ ~ ~ ~ ~ ..................... t i 16A" ~. o ~ 16A 4 ! ' i ! 16A 4 I 16A 4 } 1 ! , · 16A ~+ I'1 vgz 16A ~ 16A 4 ! 1 Exhibit #2 Collier County Contractor-Owned Tanks Compliance Verification Program Count of EVALRESU '~ EVALRESU FACDET Total ACTIVITY MISSING D 1 ACTIVITY MISSING Total 6 IN-COMPLIANCE I~ 3612 IN-COMPLIANCE Total 48 SIGNIFICANT OUT-OF-COMPLIANCE IS 1 SIGNIFICANT OUT-OF-COMPLIANCE Total 1 Grand Total 55 D-Double Walled Tank System I S-Single Walled Tank System ~ 16A t L'~ ij IJ I Exhibi! #3 Charlotte : 519 0.9668 Citrus I 433' '0 9170" C_lay _ i 466 0.9~2: Co,ie, ..... ~'. .... 1..03~' Columbia-Harnillton D~le Desoto Otxte-Gilchrist 150.1R366,,$ _ 743,540 129.694~ $ ss:age' 1,36,5~61 $ 70,857' 129.554~ S 5~.097- ~3s.--3~ ~4~.32~.. $. ~2~.o~1. , ,. 5~[ 0,91~ 128.~76 S 74,224 49~ 1.~7a .... 431~,~._0,9180 171~ 0.91~ 129.91~ S 22.21~ ~ 0.9813 138.5~ S 481,671 Es~mbia 1~ 0.9511 1~.3288 ~ 183,224 Gadsden 378 0.9~9 132.~ S 49,9i~ 'Gu~ et al 392 0.9270 :Ha~ 376 0.9129 128,~ S 48,497 ~H~d~'~._Gl~e~ .......... ~01 0.~3 I~.1~ S 05,455 Hema~o 3~ 0.9282 131,12~ S Sl,925 ,HilJs~gh 3939 1,~32 141 ~28 S 557,851 Hol~-Wa~i~on = ~1 0,~39 127.71~ ~ 38,~2 ~lndian River 499 0.9842 1~.~28. $ 69.~2 Ja~sofl 474 0.8824 124.71~ S 59,113 Lake 877 0.~8 1~.72~ S 117,278 Lee 13~ 0.9~8 140. Z2~ $ ~91,9~" L~fl 821 0.9750 137.67~ S lt3,031 Madison et al 505 0.9~0 131.9~6 S 66,627 Manatee 1085 0.9~7 140.432~ S 152.~6-~' Madon 1103 09208 1~ 08~ S 143,486 Ma~in 735 0.9765 137.8846 S I01.~5 Moflr~ ~2 1.0930 1~.1~ S 10~,077 Oka~sa 767 0.9533 1~.~ S 10~.2~ Oke~b~Highlands 1112 0.~87 1~,~ S 148,~? Om~e 2889 0.~ 1~.~ S O~la 637, 0.~5 1~.2~ ~ ~,762 Palm Beo~ ~ 1.0269 1~.~ S 492,2~ Pas~ ~ ~. 09379 1~.~ S 120,~7 Pinerlas 2~1~ 1.01~ 143.2~ S Polk 28~ 0.9559 135 ~ S 3~' P~am ~1 0.9192 129.~26 $ ~,283 St. J~n~Fla~l~r ~2 0,9740 137.~ St. Lucie 959 0.9555 134.9446 S 129.412 Santa Rosa 447, 0.9198 129.9466 S. 58.086 Sarasota 833 1.0470 147,7546: $ 123,0~b- Seminole 797~__0.9913 139.9568 S 111,5~5- Sumter __ :__299 0.9131 129.(:X)86:'S 3J,574 Suwanee-Lafa~,e~e 313 0.9023 127.48iM $ 39.904 ?aXk~' 2~ 0.9287' 131.192~'S 27'.d~ Unioe-Oradford-Le,~ 4~4 0.0120 128.980~: S 89,~874~' Vo/usia 15~ 0.9~7: :- ~'~3~.5 i 2~"'~'-~ 401 0.9208' 1~0.c~,:'$ 52.185- 57'4281-_-_:__ :, ;$ "7,999,97-2- --[.Su~!~s ~ I s (28 Walton Total Number of Tanks Base TNK Fee=S140 16A 'WORK ORDER Al ABB-FT96-3 AMENDMENT All Agreement for Fixed Term Profess[onni Engineering Services Dated September 26, 199S (Contract #9:5-2422) OCT 2 1 tgg7 1 This Work Order is for professional engineering services for work known as: The work is specified in the proposal dated ~ which is attached hereto and made a part of this amended Work Order. In accordance with the Terms and Conditions of the Agreement referenced nbov0, Work Order #~ ls assigned to attached proposal dated August 28, 1997. ~.~di[RLL.~ Complete work within ~ from receipt of the Notice to Proceed authorizing start of work. ~ In accordance with Article Five of' thc Agreement, the County will compensate thc Firm in accordance with thc negotiated time and material, not to exceed ~.mount indicated in thc schcdulc below: Task: Dctailcd Observation, Contract Administration~ Total $17,1110.00 Time & Materials Not To Excccd Any change within monetary authority of' this Work Order made subsequent to final department approval will be considered an additional scrvicc and charged according to Schedule "A" of' thc Agrccmcnt. PREPARED BY: 'f~-~ ~ Pctcr Schalt, PMP, OCPM Project Manager ! \ ,. ! ~]1 ' ~ / :..~/~/I ~ , / OCPM Director I( I ATTEST:.' .,i D'~,ight, E. Br. ock..Clerk Appro~e.d as to Form and BOARD OF COUNTY COMMISSIONERS Collier County, Florida ~,,~ ~ './ . . By: T"~molhyL.-Han~ock, AICP, Chairman Legal Sufficiency: Date: ATTEST: (Corporate Secretary) By:~ Signature Contractor · Daniel Brundagc, Pr~ ~ Type Name and Title (or) witnesses (2) (I)~ Signature Print Name Signature Priqt Name OCT 2 I 1611 1' ~111[ Iml]lll[ IIII11! Aught 28, 1997 Mr. Pete Schalt Collier Count)' Capital Projects 3301 Tamiami Trail East. Building D Naples, Florida 33962 Subject: South Count)' Regional Water Treatment Plant Process Tank Repair, PN 6912/X001 Dear Mr. Schalt: Agnoli, Barber & Brundage, Inc. (ABB) proposes to render continuing professional engineering services for the proposed South CounD' Regional Water Treatment Plant Process Tank Repair. In accordance with direction given in our meeting with Acting Public Works Administrator. Ray MiIler P.E., these services are being performed under our current Annual Engineering Contract' with Collier Count)'. Pursuant to our meeting with Ray Miller P.E. (Then acting Public Works Administrator), Mike Newman (Water Director), Adolfo Gonzalez P.E.(OCPM Director), Kris Jain P.E., Jack McKenna P.E., yourself and myself we are hereby requesting an amendment to our Contract ,e95. 2422. It was determined at that meeting that the services ofthis firm as well ns those of Kris Jain P.E. (Who is serving as a sub-consultant to ABB) would be needed to assure the highest quality · product to Collier County. This change is primarily the result ora significa~,t increase in the contract time required for the tank repair. This increase in time ,.,,'as thc result, in part, of items added to the scope ofwork. These items included (but were not limited to) unforscen mechanical equipment which was determined to be in need of replacement, problems with post tensioning cables, and contractor needing to demobilize and remobilizc due to water demands being too high to allow for tanks being out of operation. Out additional services include an extension of the following items: Meetings and Coordinations 'l~pection Administration/Reporting For items listed above our tee shall be on a time and materials basis and is estimated at Seventeen thousand One Hundred and Eight7 Dollar's ($! 7,180.00). Billing will be in accordance with the terms of the Annual Contract. You will be billed 6n a monthly basis for services rendered. Sincerely. AGNOLI. BARBER & BRUNDAGE, INC. Daniel W. Brundage, P.E. President DWB'JGM [:m x encl. ACCEPTED THIS DAY OF .19 BY PropeR' Owner(s) or Authorized Agent(s) WP-OS-23SG PRO~7 168 4 R~SOLUTION NO. 97. 39._._/_7 A RESOLUTION AUTHORIZING EXECUTION OF A STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION MAINTENANCE AGREEMENT FOR HIGHWAY SWEEPING AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Collier County Board of County), Commissioners (BCC) is concerned over the appearance of median island curbing within the limits of Collier County; and WHEREAS, the Collier County BCC, after discussion with the State of Florida Del:~tfr~t of Transportation (FDOT), believes that it can assist in sweeping those areas; and WHEREAS, the FDOT has agreed to provide Funds in the amount of $7,929.18 per quarter for · total sum o1'$31,716.72 per year for ·pcried of three (3) years for Collier County to sweep said curbing;, and WHEREAS, the Collier County BCC belicves such an Agrccment to be in the besl intercsl of the citizens of Collier County; and NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA THAT: ¢~,I=IIO]:L[: The BCC does hereby authorize its Chairman to execute an Agreement entitled, "State of Florida Department of Transportation, Maintenance Agr~-ment," betwcen Collier County and the FIX)T, · greeing to sweep median island curbing described in said Agreement in exchange for the payment of $31,716.72 per year payable at the rate of $7,929.18 per quarter,/'or a period of three (3) years. ~: This Resolution supersedes Resolution No. 92-279. ~.,IZI].OH~: This Resolution shall takc effect immediately upon ils passage. ~: All Resolutions and parts of Resolutions in conflict herewith are repealed. This Resolution adopted thc ~/.~"day of 4~~, 1997, ·tier motion, second and ATTEST: · DWIGHT E. BROCK,'~Ierk Approved'as ~ form and lepl mfficiency: Collier County Peso FDOT Sv,wp.doc BOARD OF COUNTY COMMISSIONERS / County of COLLIER I HEREBY CERTIFY TH&T ·'-rroct cc~y of a ~cccment on O~IG~ E BROCK, CLERK OF~U~' 168 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION MAINTENANCE AGREEMENT This is an Agreement by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, an agency of the State of Florida, hereinafter referred to as the "DEPARTMENT", and ~ hereinafter referred to as the "AGENCY'. ---'-"=--=' WITNESSETH WHEREAS, the AGENCY has the attthority to enter into said A~t and to undertake the project hereinafter described, and the DEPARTMENT has been granted the authority to function adequately in all areas of appropriate jurisdiction and is authorized under Section 334.044 F. $. to enter into this Agreement; and , ,~ ~WH]~,.EAS, the AGENCY by Remokttion No. _ '~ ?-~ ~ dated the ~y of e.~-. , 19_mZ a copy of which is -- officers to enter into this Agreement; attached hereto and made a part hereof, has authorized its NOW, THEREFOr, in consideration of the mutual covenants, promises and representations contained herein, the parties agree as follows: I-SERVICES AND PERFORMANCE A. The DEPARTMENT does hereby retain the AGENCY to furnish certain services as described in EXHIBIT A, attached hereto and made a pan hereof. B. Before any additions or deletions to the work described in EXHIBIT A, and before undertaking any changes or revisions to such work, the parties shall enter into a Supplemental Agreement covering such modific.~uions and the compensation to be paid therefore. Performance of any such servk:~ prior to the execution of a Supplemental Agreement will result in nonpayment of those services. Reference herein to this Agreement shall be considered to include any supplemental thereto. C. The DEPARTMENT will be entitled at all times to be advised, at its request, as to the status of work being done by the AGENCY and of the details thereof. Coordination shall be maintained by the AGENCY with representatives of the DEPARTMENT. D. Ali services shall be performed by the AGENCY to the satisfaction of the Dirt, ctor who shall decide all questions, difficulties and disputes of any nature whatsoever that may arise under or by reason of this Agreement. The Director's decision upon all claims, questions and disputes shall be final and binding upon all parties. Adjustments of compensation and contract time because of any major changes in the work that may become mcessary or desirable shall be left to the absolute discretion of the Director. Reference berein to Director shall mean the DEPARTMENT's District Secretary for District One. A. This Agreement has a term of three (3) years, which term shall begin inunediately following the execution of this Agreement by the DEPARTMENT. B. The services to be rendered by the AGENCY shall commence subsequent to the ex_,~__~on of this Agreement, upon written notice from the DEPARTM~'s Project Manager, and shall continue until its expiration date of ,~t't~£t'~,' ~li~~, unless terminated in accordance with paragraph 6 of this Agreement. 3-COMPENSATION AND PAYMENT A. The DEPARTMENT agrees to pay the AGENCY for the herein described services at a compensation as detailed in EXHIBIT A attached hereto and made a part hereof. The DEPARTMENT shall have the right to retain out of any payment due the AGENCY under this Agreengnt an amount sufficient to satisfy any amount due and owing to the DEPARTMENT by the AGENCY on any other Agreement between the AGENCY and the DEPARTMENT. B. Payment shall be made only after receipt and approval of goods and servtces unless advance payments are authorized by the State Comptroller under Section 215.422(14), Flofldn Stamtos. C. If this contract involves units of deliverables, then such units must be received and accept~ in writing by the Contract Manager prior to payments. 2 16B D. Any penalty for delay in payment shall be in accordance with Section 215.422(3)(b), Florida Statutes. E. Bills for fees or other compensation for services or expenses shall be mbmitted in detail sufficient for a proper preaudit and postaudit thereof. F, Bills for travel expenses specifically authorized by this Agreement shall be submitted and paid in accordance with Section 112.061, Florida Statutes, G. AGENCY providing goods and services to the DEPARTMENT should be aware of the following time frames, Upon receipt, the DEPARTMENT has five ($) 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 Banking and Finance. 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. H. If a payment is not available within 40 days, a separate interest penalty in accordance with Section 215.422(3)Co), Florida Statutes, will be due and payable, in addition to the invoice amount, to the AGENCY. Interest penalties of less than one (1) dollar will not be enforced unless the AGENCY requests payment. Invoices which have to be returned to an AGENCY because of AGENCY 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. I. A Vendor Ombudsman has been establL~:d within the Department of Banking and Finance. The duties of this individual include acting as a advocate for contractors/vendors who may be experienci~ problems in obtaining timely payments(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. J. 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 thc DEPARTMENT upon request. Records of costs incurred includes the AGENCY's general accounting records and the project records, together with supporting documents and records of the AGENCY and all subcontractors performing work on the project, and all other records of the AGENCY and subcontractors considered necessary by the DEPARTMENT for a proper audit of costs. K. 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 16B 4 Comptroller of the DEPARTMENT that funds are available prior to entering into any such contract or other binding commitment of funds. Nothing herein contained shall prevent the making of contracts for periods exceeding one year, but any contract so made shall be executory only foe the value of the services to he rendered or agreed to he paid for in succeeding fiscal years, Accordingly, the State of Florida's performance nnd obligation to pay under this Contract is contingent upon an annual appropriation by the Legislature. L. A person or affiliate who has been placed on the convicted vendor list following n conviction for a public entity crime may not submit a bid on a contract to provide nny goods or services to a public entity, may not submit a bid on a contract with a public entity for the consuuct~n or r~pair of a public building or public work, may not submit bids on leases of real property to a public cntity, may not be awarded or perform work as a contractor, supplier. subcontraclor, or consultant under a contract with any public entity and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, Florida Statutes, for Category Two for a period of 36 months from the date of being placed on the convicted vendor list. &INDEMNITY AND INSURANCE A. INDEMNITY. AGENCY agrees, to the extent allowed by Section 768.28 F. S., that it will indemnify, defend, and hold harmless DEPARTMENT and all of DEPARTMENT's off'~'rs, agents, and employees from any claim, loss, damage, cost. charge or expense arising out of any acts, actions, neglect or omission by AGENCY, its agents, employees, or subcontractors during the performance of the contract, whether direct or indirect, and whether to any person or property to which DEPARTMENT or said parties may be subject, except that neither AGENCY nor any of its subcontractors will be liable under this section for damages arising out of injury or damage to persons or property din:cOy caused or resulting from the negligence of DEPARTMENT or any of its officers, agents, or employees. The parties agree that 1% of the total compensation to the AGENCY for performance of this Agreement is the specific consideration from the DEPARTMENT to the AGENCY for the AGENCY's indemnity agreement. B. LIABILITY INSURANCE. The AGENCY shall carry and keep in force during the period of this Agreement a general liability insurance policy or policies with a company or companies authorized to do business in Florida, affording public liability insurance with combined bodily injury limits of at least $100,000 per person and $300,000 each occurrence, and property damage insurance of at least $100,000 each occurrence, for the services to be rendered in accordance with this Agreement. 4 16B C. WORKER'S COMPENSATION. The AGENCY shall also carry and keep in force Worker's Compensation itmamnce as ec'quired for the State of Florida under the Worker's Compensation Law. S-COMPLIANCE WITH LAWS A. The AGENCY shall allow public access to all docu.rnents, papers, letters, or other main'iai subject to the provisions of Chapter 119, Florida Statutes, and made or received by the AGENCY in conjunction with this Agreement. Failur~ by the AGENCY to grant such public access shall be grounds for immedinte unilateral cancellation of this Agreement by the DEPARTMENT. B. The AGENCY shall comply with all federal, state and local laws and ordinances applicable to the work or payment for work thereof, and shall not discriminate on the grounds of race, color, r~ligion, sex or national origin in the performance of work under this Contract. 6-TERb~NATION AND DEFAULT A. This Contract may be canceled by the DEPARTMENT in whole or in part at any time the inter~st of the DEPARTMENT requires such termination. The DEPARTMENT also reserv~ the right to seek termination or cancellation of this Agreement in the event the AGENCY 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 assignraent be made for the bemf'rt of creditors. This Contract may be canceled by the AGENCY upon (60) days written notice to the DEPARTMENT. B. If the DEPARTMENT determines that the performance of the AGENCY ia not satisfactory, the DEPARTMENT shall have the option of (a) immediately terminatin~ the Agtee:xm~, or (b) notifying the AGENCY of the deficiency with a n:quinement that the deficiency be corrected within a specified time, otherwise the Agreement will be terminated at the end of such time, or (c) take whatever action is deemed appropriate by the DEPARTMENT. C. If the DEPARTMENT requitvs termination of the Agrggsm'nt for rgasons other than unsatisfactory performance of the AGENCY, the DEPARTMENT shall notify the AGENCY of such Im'mtmtion, with instru~ons to the effective date of termination or specify the stage of work at which the Agru-emem is to be terminated. D. If the Agreement is terminated befor~ performance is completed, the AGENCY shall be paid only for that work satisfactorily performed for which costs can be substantiated. 168 Such payment, ~, may not exceed an amount which is the same percentage of the contract price ns the anent of work satisfactorily completed is a percentage of the total work called for by this A~. Ali work in progress will become the property of ~ DEPAR*fM~ and will be turned over promptly by the AGF..NCY. ?-MISC~EOUS A. The AGENCY and the DEPARTMENT agree that the AGENCY, its employees, and subcoulractors are no~ agents of the DEPARTMENT as n result of this Contract for purposes other than those set out in Section 337.274, Florida Statutes. B. All words used her~in in the singular form shall extend to and include the plural. An words used in the plural form droll extend to and include the singular. All words used in any gender shall extend to and include all genders. C. This Agreement embodies the whole agreement of the parties. Them are no promises, terms, conditiom, or obligatiom other than those contained herein, and'this Contract shall supersede all pn:vious communications, representations, or agreen~nts, either verbal or writtc-n, between the parties hereto. D. It is undemoed and agn~ by the patties hercto that if any part, tenn or provision of this Contract is by the courts held to be illegal or in conflict with any law of the State of Florida, the validity of the remaining portions or provisions shall not be affected, and the rights and obligations of the parties shall be construed and enforced as if the Contract did not contain the particular part, term or provision held to be invalid. E. This Agreement shall be governed by and constn~ in accordance with the laws of the State of Florida. F. At~aclunent~. IN WITNESS WHERI~F, the AGENCY has caused this Agreement to be executed in its behalf th~ 9 ~_~? day of =I~,2R~,L~_, 19_97, by the {;..Ituol ,authorized to enter into a~d execute same by ResolmJon Number 97-397 ,,,. dated ,..OCTOnZR 2 1 .,. District One/~orida Depam~nt of Trampottauon, ~is ~ day of ~, 19..~/... ""'"' . '~/.~: ~ BOARD ~ C0Ua't~ ~o~zssl~s ~ .'AO CY ,., . '., NAME: , Z. [ROCK, NAME: TIt~t'tll L. ttAt~cOC~ TITLE: CLERX TTI'LE: CHAIRHAN STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION ~'DI~dCT ONE NAME.'~ DOT District Maimenat~ Engineer DOT Legal Approval as to form and legality: Availability of Funds Approval: Date H :\USER$~.G 150R L~WllCI~LEGAL'~MAINTA O R. 2 7 16B EXHIBIT 'A' COMPENSATION The l~nt aSr~s to pa), the Agency for services rendered in accordance with this Agreement. A lump sum paymcnt will be madc in thc amount of S~'wen 'l'ho~.~nd Nine Hm~dred '19~. -nt~ ~}oll~r~ ~nd 18/100 ($~ ~ quart~' for a total of Thirty On~ Thounand Seven Hundred Sixteen Dollars and 72/100 (I;~ per year. 2- LOCATION AND PERFORMED. · SEE ATTACHMENT A' DESCRIFTION OF MAINTENANCE ACTIVITIES TO BE 168 FLORIDA DEPARTMENT OF TRANSPORTATION 4800 Dav~a Boulevard, Nnplea, Florida 34104 Thoama F. Ber~. Jr, (94 !) 417.6320 Secnnary December 29, 1997 Mr. David Bobanick Collier County Transportation Department 3301 Tamiami Trail East Naples, Florida 34112 FILE: IX., , Mini Contract #BB-SS6 W.P.I. #1612067 State Project # 03906.9074 Comer County Dear Mr. Bobanick: This is to inform you that you ar~ hereby o~cially authorized to start work this date on the above r~a-enced contract executed December i 9, 1997, in accordance with the Florida Department of Transportation Project Specifications for this contract. Thne charges will begin on the 14th c~lendar day nf~er issuance ofthe notice to proceed or on the day you actually begin work, whichever date is earlier. This contract was executed on December 19, 1997. I will be the administrator of this contract, so please direct any questions to me. Lynn Radi Naples Comracts Manager cc: Mr. D. A. Twiddy, Jr.- M.S. 1-1, Bartow Mr. Philip Pryor - M,S. 42, Tallahassee Ma. Roni Costa - M.S. i- 12, Barrow Ms. Linda Wrisht - M.S. 1-18, Barrow Mr. Rick Marino - M.S. 1-3, Barrow I~L~ON NO. 9 ~, 398 A RESOLUTION AUTHORIZING EXECUTION OF A ~TATE OF FLORIDA DEPARTENT OF TRANSPORTATION MAINTENANCE AGREEMENT FOR HI--AY MOWrNG AND PROVIDINO AN EFFECTIVE DATE. WHEREAS. ~e Collier Counly Bom'd of County Commissioners (BCC) is ~ over O~e al~e~nce of median islands, inta~han~e ~ and HiMs-of-way within the limits of Collie~ CountT; and WHEKEAS, the Collier Count,/BCC, trier discussion with Ibc State of Florida Dei~runent of 'lYaml~ti(m (FD(Yr), believes iht it ~n assist in mowln8 those ~; and WItEREAS, the F[XYF has Bgr~ed to provid~ Funds in the amount of S9,$42.00 per quarter for · totnl m~n of $38,168.00 per ye~r f~ · period of thee (3) y~m for Collier Count/to mow said mcdian islands, int~chan~e ~ and rights-of-wa~ and WHEREAS, the Collie~ Count,/BCC believes such an A~reement to be in the best interest of the citiz~ of Collier County; and NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMlVfISSIONER~ OF COLLIER COUNTY', FLORIDA TI-L~T: ~: The BCC does hen=by authorize its Cl~irman to execute an Agra-meat enlitled, "Smta of Florida Dcpmlm~t of Tt~spo~tio~ Maintenance Agr~-m~" between Collier Cowry and th~ FDOT, a~'eein$ to mow median islands, interchange areas, and rights-of-way ___d,~on_.'bed in said A~eemcnt in exchange for the p~yment of $38,168.00 per year payable at the rote of $9,$42.00 per quarl~', for a period of ~E~ON 2: This Resolution sut3er~xles Re~olution No. 92-278 ~,~: This Resolution shall take effect immediately upon its passage. SECTION 4: All Rcsolulions and para of Rr. solutions in couflict I,,ctcwith arc repealed. This Resolution adopted the ~'day of ATTEST: ' :, ~ owmt. rr ~. laRoc:~ ~ aa to form and legal Collier County Attorney 1997. afie~ motion, second and BO,M~.D OF COUNTY COMMISSIONERS STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION MAINTENANCE AGREEMENT This is an Agreement by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, an agency of the State of Florida. hereinafter referred to as the "DEPARTMENT", and COIJJFR COUNTY . , hereinafter referred to as the 'AGENCY'. WHEREAS, the AGENCY has thc authority to enter into said Agreetm~ and to undertake the project hereinafter described, and the DEPARTMENT has been granted the authority to tknction adequatcly in all areas of appropriatc jurisdiction and is auflmfizcd under Section 334.044 F. $. to enter into this Agreement; and WHEREAS, the AGENCY by Resolution No, c??...ff p.~V dated the ~,2,ta;: day of ~tga'. , 19 ~*~, a copy of which is attached hereto and made a pan hereof, has authorized its officers to enter into this Agreement; NOW, THEREFORE, in comideration of the mutual covenants, promises and ~:~'ntafions contained herein, the parties agree as follows: I-SERVICES AND PERFORMANCE A. The DEPARTMENT docs hereby retain thc AGENCY to furnish certain services as described in EXHIBIT A, attached hereto and made a part hereof. B. Before any additions or deletions to thc work described in EXHIBIT A, and before tmdertaking any changes or revisions to such work, the parties shall enter into a Supplemental Agreem~ covering such rnodir~ and the compensation to be paid therefore. Performance of any such services i:n'ior to the execution of a Supp~ Agreement will r~ult in nonpayment of those services. Reference herein to this Agreement shall be considered to include any supplemental thereto. .... 168 C. The DEPARTMENT will be entitled at all times to be advised, at its request, as Io tbe status of work being done by the AGENCY ~ of the details thereof, Coordirmflon shall be matmained by the AGENCY with t~'presentattves of the DEPARTMENT. D. All services ~11 be performed by the AGENCY to the satisfaction of the Director ~ shall decide all questions, difficulties and disputes of any rmmre whatsoever that may ar~ under or by r~a~n of this Asreement. The Director's decision upon all claims, questions and dtsput~ sl~ll be f'mal and binding upon all parties. Adjustments of compensation and contract ~ bec___nuse of any major chanl~ in the work that may become necessary or desirable shall be left to the absolute discretion of the Director. Reference her~in to Director shall mean the DEPARTMF2qT's District Secretary for District One. A. This Agn~rnent has a term of three (3) years, which term shall begin immediately followin~ the execution of this Agreement by the DEPARTMENT. B. The services to be r~nder~ by the AGENCY shall commence subsequent to the execution of this Agreement, upon. written nofl~.e, from the DEPARTMENT's Project M. anager, and shall continue until its expiration date of ~_'t~'/~_ ~?'f~!. ,~.c~, unless terminated in accordance with paragraph 6 of this A~. 3-COMPENSATION AND PAYMENT A. The DEPARTMENT ~ to pay the AGENCY for the herein described services at a compensation as detailed in EXH~IT A attached hereto and made a part hereof, The DEPARTMENT shall have the fight to retain out of any payment due the AGENCY under this ~ an amount sufficient to satisfy any amount due and owing to the DEPARTMENT by the AGENCY on any other Agreement between the AGENCY nnd the DEPARTMENT. B. Payment shall be made only afar r~ceii~ and approval of goods and services unless advance payments a~ authorized by the State Comptroller under Section 215.422(14), Florida Statutes. C. If this contract involvm units of deliverables, then such units must be r~.eiv~ and accepted in writing by the Contract Mannger prior to payments. 2 · -. 16B 4' D. Any penalty for delay in payment shall be in accordance with Section 215.422(3)(b), Florida Statutes. E. Bills for fees or other compensation For services or expenses shall be submitted in detail sufficient for a proper preaudit and postaudit thereof. F. Bills for travel expenses specifically authorized by this Agreement sh~ll be submitted and paid in accordance with Section 112.061, Florida Statutes. G. AGENCY providing goods and services to the DEPARTMENT should be aware of the following time frames. Upon receipt, the DEPARTMENT has five ($) worktng days to inspect and approve the goods and services, unless the Agreement specifies otherwise. The DEPARTMENT has 20 days to deliver n request for payment (voucher) to the Deparunent of Banking and Finance. The 20 days are mea.vur~ from the latler of the date the invoice is received or the goods or services are received, inspected and approved. B. If a payment is not available within 40 days, a separate interest penalty In a,:cordance with Section 215.422(3)('o), Florida Statutes, will be due and payable, in addition to the invoice amount, to the AGENCY. Interest penalties of less than one (i) dollar will not be enforced unless the AGENCY requests payment. Invoices which have to be returned to an AGENCY because of AGENCY 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. 1. A Vendor Ombud,vnan has been established within the Department of Banking and Finance. The duties of this individual include acting as a advocate for contractors/vendors who may be expetieming problems in obtaining timely payments(s) from a state agency. The Vendor Ombudsn~n may be contacted at (904) 488-2924 or by calling the State Comptroller's Hotline, 1-800-848-3792. J. Records of costs incurred under terms of this Agreement shall be maintained and made available upon request to the DEPARTMENT at ali times during the period of this Agreeu~nt and for three years after f'mal payment is made. Copies of these documents and records shall be furnished to the DEPARTMENT upon request. Records of costs incurred includes the AGENCY's general accounting records and the project records, together with supporting documents and records of the AGENCY and all subcontractors performing work on the project, and all other records of the AGENCY and subcontractors considered necessary by the DEPARTMENT for a proper audit of costs. K. The DEPARTMENT, during any fiscal year, shall no~ expend money, incur any liability, or enter into any contract which, by its terms, involves the expenditur~ of money in excess of the amounts budgeted as available for expenditure during such fur. al year. Any contract, verbal or written, made in violation of this subsection is null and void, and no mom'y Comptroller of the DEPARTMF. NT that funds are available prior to entering into any such contract or ~ binding commiu'ne~ of funds. Nothing herein contained shall prevem the making of conu-acts for periods exceeding one year, but any contract so made shall be executory only for the value of the ~ervices to be r~mder~ or agreed to be paid for in succeeding fiscal years. Acx:oniingly, the Sine of Florida's performance and obligation to pay under this Contract is contingent upon an annual appropriation by the Legislature. L. A person or affiliate who has been placed on the convicted vendor list following a couvic6on for a public entity crime 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 consms:tk~ or r~1)air of a public building or public work, may not submit bids on leases of rual property to a public entity, may not be awarded or perform work as a contractor, supplier, su~, or consultant under a contract with any public entity and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, Florida Statutes, for Category Two for a period of 36 months from the date of being placed on the convicted vendor list. 4-1NDEMNITY AND INSURANCE A. INDEMNITY. AGENCY agrees, to the extent allowed by Section 768.28 F. S., that it will indemnify, defend, and hold harmless DEPARTMENT and all of DEPARTMENT's officers, agenu~, and employees from any claim, loss, damage, cost, charge or expense arising out of any acts, actions, neglect or omission by AGENCY, its agents, employees, or subcontractors during the peffonuance of the contract, whether direct or indirect, and whether to any person or property to which DEPARTMENT or said parties may be subject, except that neither AGENCY nor any of its subcontractors will be liable under this section for damages arising out of injury or damage to persons or property dhn~ctly caused or r~'ulting fwm ~e negligence of DEPARTMENT or any of its officers, agents, or employees. The parties agree that 1% of the total compensation to the AGENCY for performance of this Agreement is the specific consideration from the DEPARTMENT to the AGF..NCY for the AGENCY's indemnity agreement. B. UABILITY INSURANCE. The AGENCY shall carry and keep in force during the period of this Agreement a general liability insurance policy or policies with a company or companies authorized to do business in Florida, affording public liability insurance with combined bodily injury limits of at least $I00,000 per person and $300,000 each occurrence, and property damage insurance of at least $100,000 each occurrence, for the services to be rendered in accordance with this Agreement. ¢m e~e 4 C. V/ORKER'S COIVIPElqSATION. Worker's Compensation ln.~urance as mquir~ Compensation hw. 5-COMPLIANCE WTTH LAWS The AGENCY shall also cam/and keep in force for the State of Florida under the Worker's A. The AGENCY shill tilow l~blic ncc~,.s to ~il documents, papers, letters, or other maln~ subject to the provisions of Chapter 119, Florida Statutes, and made or received by the AGENCY in conjunction with this Agreement. Failure by the AGENCY to grant such public access sludl be grounds for immediate unilateral c~ncellntion of this Asreement by the B. The AGENCY shall comply with all federal, state and local laws and ordinance~ applicable to the work or payment for work theru, of, and shall not discriminate on the grounds of race, color, religion, sex or national origin in ~e performance of work under this Contract. 6-TER1/INATION AND DEFAULT A. Thh Contract may be canceled by the DEPARTMENT in whole or in part at any time the interest of the DEPARTME24T requires such termination. The DEPARTMENT also r~scrves the right to ~_~e_k termination or can~ of this Agreement in the event the AGENCY 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 bendit of creditors. This Contract may be canceled by the AGENCY upon (60) days written B. If the DEPARTMENT determines that the performance of the AGENCY la not satisfactory, the DEPARTMENT shall have th~ option of (a) immediately termtnatin~ the ~ or Co) notifying the AGENCY of the deficiency with a requirement that the deficiency be corrected within a specified thae. otherwise the Agreement will be terminated at the end of such time. or (c) take whatever action is deemed appropriate by the DEPARTMENT. C. If the DEPARTMENT requires termination of the Agreement for reasora other than unm~ perfornunce of the AGENCY, the DEPARTMENT shall notify the AOENCY of such ~mntnation, with instructions to the effective date of termination or specify the stax of work at which the Agreement is to be terminated. D. If ~ Agreernent is terminated before performance is completed, the AGENCY shall be paid only for that work satisfactorily performed for which costs can be mbst~ntiated. SUcla payment, however, may nc~ exceed an amount which is the same percentage of the contracl price as the amount of work satisfactorily completed is a percentage of the total work oiled for by this Agreement. All work in progress will become the property of the DEPARTMENT and will be turned over promptly by the AGENCY. ?-MISCP-t-I ANEOUS A. The AGF..NCY and ~ DEPARTMENT agree that the AGENCY, tts employees, and sutx:omracto~ ate not agents of the DEPARTMENT as a result of thts Contract for purposes otl~r than those set out in Section 337.274, Florida Statutes. B. Ali words used herein in the singular form shall extend to and include the plural. All words used in the plural form shall extend to and include the singular. All words used in any gender shall extend to and include all genders. C. This Agreement embodies the whole agreement of the panics. There are no promises, terms, conditions, or obligations other than those contained herein, and this Contract shall supersede all previous communications, representations, or agreements, either verbal or written, between the parties hereto. D. It is understood and agreed by the panics hereto that if any pan, term or provision of this Contract is by the courts held to he illegal or in conflict with any law of the State of Florkta, the validity of the remaining portions or provisions shall not be affected, and the rights and obligations of the parties shall be construed and enforced as if the Contract did not contain the particular part, term or provision held to be invalid. E. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. F. Attachments. ...................................... ~1 .................... II!. I_ll IN ~ WHERPX)F, the AGENCY has camed this A~=nem to be execu.~ in its behalf tht~ 2 ISTday of OC~..B~,.R, ., 19 97, by the 19 9? , tnd the DEPARTMENT has execu~d this Agreamk~. tlm:mt, l~tts Dts~t . '- ~' ' NAME' T].NO'Zlfl' t.. liAICCO<:K .......... TITLE:CHAIRNAN STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION DOT District Maintenance Engineer DOT Legal ~ u to form and legality: ~ Availability of Funds Al:X~'ovecl as to fu, rm & I~sufficionc¥ Approval: _. r - '~unt¥ Attorney (..,,) Date H:~,USt~S',LO150RL~WHC~.,EOAL',MAINTAOR.2 · '- '"' 16B EXHIBIT "A" COMPENSATION The Department agrees to pay the Agency for ~ervtces r~ndered tn accordame w~th ~ A~ A lump sum pmymem will be made in the amount of~ Nlm Thn.~nnd Five Htmdred Por~ ,-ttm Doltma ....... ($~ per quarter for a total of FJ_~ht ~nd On~ Hundred S~t~-~t_~ht ~llar~ .... ($ 2- LOCATION AND PERFORMED. "SEE ATTACHMENT A' DESCRIPTION OF MAINTENANCE ACTIVITIES TO BE FLORA DEPARTMENT OF 'IILANSPORTATION 4100 I:)u~l BodeYl~ Nif)k.I, FIo~dl 3410,i 13uxnem p. BraT. ~. (9,1t) 4~ ?..6320 seemm7 Ikc~r 29, 199'/ Mr. David Bobanick Colrief County Transponstion Depanmenl ~01 Tnmlami Trail East Naples, Florida 34112 Mini Contract #BB-SS7 W.P.L #1612066 State Project # 03906-9073 Collier Count~ Dear Mr. Bobanick: This is to inform you that you are hereby officially authorized to start work this d~te on the abov~ refer~x:ed contract executed December 19, 1997, in accordance with tl~ Florida Department of Trsnsportation Project Specifications for this contract. Time charges will begin on the 14th calendar day after issuance ofthe notice to proceed or on tim day you actually begin work, whichever date is earlier. This contact was executed on December 19, 1997. I will be the administrator ofthis contract, so please direct any questions to rr~. Lynn Rsdi Naples Contracts Manager cc: Mr. D. A. Twiddy, .Ir.- M.S. 1-I, Banow ,Mr. Philip Pryor - M.S. 42, Tallahassee Ms. Roni Costa - M.S. 1-12, Bartow Ms, Linda Wright. M,S. 1-18, Banow l~u'. Rick Marino - M.S. !-3, Bm'tow To= Re: October 23. 1997 M£tch Momtez, OCPM Sue Barbiretti, Minutes & Records Item 916B5. BCC meeting date= 10/21/97 Please f£nd attached, for your files, one original Supplemental Agreement that was approved by the BCC on Tuesday. October 21. 1997. Xf you have any questions, call me at 774-8406. 16B 5 SUPPLEMENTAL AGREEMENT TO DAVIS BOULEVARD LANDSCAPE BEAUTIFICATION AND STREETSCAPE MASTER PLAN PROJECr AGREEMENT FOR DAVIS BOULEVARD MEDIAN LANDSCAPE PHASE I PROJKCf NO. 60013 S/A NO. 2 THiS SI.~P~AL AGKE~t'~I', polh~ s~sion oF ~ Sine of K~d~ h~~ ~!~ Nap1~ ~'~ I~. ~ Co~ NIpl~ ~e Borne, ~ 3~ ~c~ A~ Suite ~ Nap~ ~o~ 341~, du~ a~z~ to ~ ~n~ ~ t~ State of GBASLA. WITNESSETH WHE~S, the COUNTY and the Profess~oml and Collier Naplescape 90's heretofore on ~ entered into a Davis Boulevvd Landscape Beautification and Streetscape Master Plan Project Agreement (the "Agreement") whereby the COUNTY retained the Professlotud to f'umlsh certain consulting services in connection with the orocosed Dv,'i$ Boulevard Median Landsca0in_n. V, TtEREAS, the COUN'i'Y the CONSULTANT and the Professional agree to mod~ the terms a~l/or scope or the work of the Agreement, and towa'd that end it is necessa~ to: EXPAND UPON THE SCOPE OF SERVICES PREVIOUSLY AUTHORIZED FOR THE PROJECT DESIGN AND PERMITTING SERVICES REQUESTED OF PROFESSIONAL BY COUNTY, AND TO COMPENSATE THE PROFESSIONAL FOR ADDITIONAL COSTS TO BE INCURRED FOR SUCH ADDITIONAL CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES PROFESSIONAL'S COST PROPOSAL FOR THIS SUPPLEMENTAL AGREEMENT IS ATTACHED HERETO AND INCORPORATED INTO THIS SUPPLEMENTAL AGREEMENT. NOW, THEREFORE, the As, reement is hereby supplemented u follows: Professional d,,..li provide construction management tad inspection services u descn'bed in Attac~ A County shall provide additional compensation to Professional in accordance with Attaclunent A. Attachment A is attached hero and incot~:,rated into this Suppleme~ai Asreement. 16B · Ilq w1'rN~s WHEREOF, ~he pan{es hemo have ~ ~heir hands and seals on t~ day and year ~ Ibove wtltten. 5 ,aS TO T~ COUNTY: APPROVED AS TO FORM AND LEGAL SUFFICIENCY: BOARD OF COUIqTY COMMISSIONERS COLLI~..R COUNTY, FLORIDA ~~ Cmmly Attorney TIMOTHY J~.I. LA,NCC)CK2 CHAIRMAN to fo.lt ,,, AS TO TH~CONSULTANT: COLLIER NAPL£SCAPE 90'S INC. AS SIGNED, SEALED AND DELIVERED PAUL WROBLEWSKI SECOND WITNESS .I~ L. MARTIN ,-{5 '{t>',"q & p~Or'~'$$~O,'~,,4 SIGNED, SEALED, AND DELIVERED IN Ti~ PRESENCE OF: ~{JLIE C. SPROUL SECOND WITNESS IVO1N]Z PICK ATTEST: CORPORATE SEAL ATT^Ci~g~cr A SCOPE OF SERVICES FOR SUPPLEMENTAL ^GREEMENT TO CONSULTING SERVICES AGREEMENT FOR DAVIS BOULEVARD MEDIAN LANDSCAPING PROJECT NO. 600! 3 Supplemental Agreement No, 2 September 25. 1997 5 ASSUMPTIONS I) GBASLA will be administering the contract for construction as detailed within the FDOT approved Grant Application for Davis Boulevard dated April 1, 1997 as jointly submitted by the Board of Collier County Commissioners and GBASLA. 2) Office of Capital Projects Manasement will serve as our liaison with Collie' County Government which will serve u the contracting amhotity for both Construction Contractor and Design Consultant Services. 3) Construction document formats shall be provided by OCPM consistent with Col~er County procedure but will be administered by GBASLA for action by OCPM. 4) This is a lump sum fee proposal based upon a~sumed staffhours as shown. However, lump sum nmount$ shall prevail over actual hours. s) Reimbursable out.of-pocket expenses are additional and are payable at invoice amounts, total ofwhich for the duration ofthis contract shall not exceed $1000. Rehnbursable long distance phone calls, plan and construction document printins, and out.of-town travel, Each such requirement shall be coordinated ftrst with OCPM. SCOPE OF SERVICES GBASLA shall provide the follo~in8 primary services for Davis Boulevard Phase I: · .-".. 16B 5 Ao C,~ntract Administration - GBASLA will assist OCPM with Biddin8 and Comract Award. Pursuant to selection ora qualified Contractor(s), GBASLA shall administer all normal and customary contract requirements, and forward same to OCPM tot processing, as required, Construction Observlltio~~ign. GBASLA will visit the site at least twice weekly to determine obvious compliance with construction plans and technical specifications, Plant Material Selection_. GBASLA shall inspect all tree and palm material at its source t'or approval prior to relocation to the project site, GBASLA shall confirm acceptance or denial or'all plant material at the project site prior to installation upon 48 hour notice by Contractor. Out oftown travel expenses shall not be reimbursed by the County for this service, Requ~:l.~L~tl~ati~-L - GBASLA shall be "on-call" throughout the term or active construction to answer any and all Contract request for information. In particular, OBASLA shall inspect contractor originated layout of'planting beds, tree and palm locations and major irrigation fixture locations. Out ottown travel expenses shall not be reimbursed by the County for this service. GBASLA shall not be respons~le for errors in surveyed locations of any fadlity above which are the respons~ity orthe Contractor. GBASLA shall coordinate all requests of'the Contractors' sub-contractors throush the Contractor and the County. Such requests shall be responded to by OBASLA only as authorized by the County, Ail requests for information, clarification, and interpretation shall be responded to in writing to both the Contractor and OCPM. Verbal responses may also be ifot'a timely nature. Warranty / Close-out . GBASLA shall review progress of'construction as to pay requests and requests for Substantial Completion approval, in whole or in pans. GBASLA will provide plant material warranty inspection at the t'ollowin8 intervals: Shrubs - 90 days ~'om Substantial Completion Trees / Palms. 90 days fi.om Substantial Completion. FDOT only, Trees/Palms - 365 days fi.om Substantial Completion - OCPM only. · - 16B 5 CON[PENSATION GBASLA shall provide all cf the above services for the follOwing lump sum fees in acco~ance with this schedule. Pay Requests will be submitted on the I" ~nd lhe I$a ore, ch month. Payment should be made in accordance to Collier County Payment Policy. I. Contract Administration ~ Bid / Award $ 2,000.00 I1 Contract Administration Construction Observation Plant Material Inspection(s) Requests for Information - 4 month period (~ S3,12S.00 per month 3,125.00 3,125.00 3,125.00 ~ S21,875.00 II Warranty / Close)ut - warranty period beans mt time of linml acceptance by the Landscape Architect & Collier County 90 Day Warranty - Trees/Shrubs 365 Day Warranty - Trees/Palms 2,000.00 2,000.00 S 4,000.00 Reimbursable out of pocket expenses (not to exceed) 1,000.00 S 1,000.00 TOTAL S28,875.00 *The above tee amounts are calculated bued upon the following hourly rate: Principal: 9$/hour Associate SS/hour Clerical/Technical 30/hour Minimum time requirements by staff' per week have been calculated as follows: Principal ½ day / week Associate 1 !4 day / week Clerical/Technical 114 day / week ** Ifthe construction continues beyond 120 days, the same hourly rates (as shown above) will be used to calculate consultant tees (not to exceed $3125/mo). p.t$.$ul:,piaSr¢¢land~ap~-~la, b ~ AGREEMENT FOR DELI'VERY AND USE OF RECLAIMED WATER FOR SPRAY IRRIGATION 168 7 Tills AGREEMENT is made and entered into this ~,tL~'_ day of (~e~'--- , 1997, bv and between LAKEWOOD COMMU'NITY SERVICES ASSOCIATION~ INC., (hcreinaftcr r~t'cwed to as "User") and thc BOARD OF COUNTY COMMISSIONERS OF COLMER C(.')UNTY, FLORIDA, AS THE EX-OFFICiO GOVERNING BOARD OF TIlE COLLIER C()UNTY WATER-SEWER DISTRICT, (hereinafter referred to as "DISTRICT'). User is used as singular or plural, as the context requires. RECITALS: WHEREAS, thc District is desirous of obtaining additional long-term di:;posal facilities li~r treated wastcwnter ctTiuent, (hereinafter referred to as "reclaimed water") produced by one of its wastcwater treauncnt facilities; and WItEREAS, User is desirous of obtaining reclaimed water as a long-tem~ irrigation rvsource for its residential and common areas, located upon Lakewood Property as described hcreln (hereinafter also referred to as "Property"). WITNESSETH NOW THEREFORE, in consideration of the covenants hcrelruffter contained and other good and valuable consideration, the parties hereto agree as follows: USER REPRESENTS AND WARRA~S RECORD OWNERSHIP. User has requested that District provide available reclaimed water to User. User represents and warrants to District that the party or parties identified herein as User constitute all persons or entities who are responsible for providing irrigation resources to the Property described in Article II of the Declaration of Covenants, Conditions and Restrictions for the Lakewood Project described in Official Records Book 551, Page 692 of the Public Records of Collier County (the "Lakewood Property''). User furth~ represents that it has easement interests or other land fights to accept and distfibut~ reclaimed water as described herein on the Lakewood Property. 16B QUANTITY. The User will make reasonable effort to accept from District a minimum of three hundred sixty five (365) million gallons per year ((il'Y) of reclaimed water for residential and common area irrigation for a period of five (5) )'ears from the date of this Agreement, The User guarantees to pay for a minimum of three hundred sixty five (365) million gallons per year (GPY) regardless of actual accept,'mce. At the end of the five (5) year period and each successive five (5) year period thereafter, this Agreement shall be amended and revised to reflect all of thc terms and provisions then being incorporated in like agreements by thc District for delivery and usc ol'rcclaimed water and thereafter renewed for successive five (5) year periods, unless terminated by either party as provided for herein. QUALITY. Thc reclaimed water shalt be a "polished" effluent from a tertiary treatment process which involves secondary wastcwatcr treatment, filtration and high- level disinfection as required by the Florida Department of Environmental Protection Rule 17-610, Florida Administrative Code, as amended rom time to time, and shall meet the criteria fi~r land application of domestic wastcwatcr ctlluent. Thc reclaimed water shall bc in accord with all requirements of permits issued by local, state and federal regulatory agencies with jurisdiction over such activities. POINT OF DELIVERY DEFINED. Thc Point of&livery ofcffluent shall be where thc reclaimed water passes into the User's pipeline(s) as described on Exhibit A attached hereto. TI;e District shall own, operate and maintain the reclaimed water distribution system and related storage tank(s), iran>', and shall be deemed to be in possession and control of the reclaimed water therein, upstream_of thc Point of Delivery. The User shall own, operate and maintain the reclaimed water distribution system and related lake storage facility, if any, and shall be deemed to be in possession and control of the reclaimed water therein, do,,vn.';trcam_ of thc Point of Deliver5'. Point or Delivery is used as singular or plural, as the context requires. DISTRIC'¥ RESPONSIBILITIES UPSTREAM OF POIN'I' OF DELIVERY. Thc District shall be responsible for the design, construction, permitting, financing of all costs and placing in operation the reclaimed water deliver)' system up to the Point of Deliver)'. Thc District shall bear all costs of operation aa~d maintenance of the reclaimed water delivery system up to and including the Point of Delivery. USER RESPONSIBII.ITIES DOWNSTREAM OF POINT OF DEt. IVERY. Thc User shall take full responsibility for the design, construction, pcrmitting, financing of all costs and placing in operation the reclaimed water delivery system downstream of the Point of Delivery. The User shall bear all costs of operation and maintenance of the reclaimed water delivery system downstream or the Point of Delivery. 7 18B ? 10. Ii. STANDARD OF MAINTENANCE. User shall maintain all reclaimed water distribution facilities downstream of the Point of Delivery at standards equal lo thc maintenance standards for comparable utility facilities maintained by tile District. Alter reasonable notice to User, the District shall have the right, but not the duty. to enter upon the Property to correct maintenance deficiencies ,'md charge IJscr thcrcl'or. RA'I'I'~ TO BE CIIARGED FOR EFFLUENT, For t'umishing of the reclaimed water. thc District shall initially charge and User shall pa.',' tile sum of thirteen cents ($. 13) ix:r thousand gallons (hereinafter mi'erred to as "reclaimed water" rate) for reclaimed water. Said reclaimed water rate per thousand gallons shall tx: in c['l~:ct commencing at thc time District begins delivery. It is anticipated, but not warranted, that said delivery will begin in December 1997. The User shall pa.,,' to thc District the charges set forth above, ,-m an availability charge, rcg~dlcss of whether or not thc IJscr takes reclaimed xwatcr. RATE CI IANGES. The District shall have thc right to decrcasc or increase the reclaimed water rate from time to time t~p<~n providing thirty (30) days prior written notice ora rate change. Any increase in the reclaimed water rate shall only arise from tile District's increase in costs representing production, treatment and delivery of reclaimed water, or as the result of a rate study which dctcrn~ines that an increase in the reclaimed water rate is required to finance the costs of production, treatment and delivery of the reclaimed water. Any rate increase shall be the same increase or rate charged to similarly situated users. BILLING. 'Dm District shall bill the User monthly for thc reclaimed water quantity agrccd upon herein. Should thc Uscr desire additional reclaimed water, and thc District be v,'illing and able to supply reclaimed water cxcccding thc amount (GPI)) agreed upon herein, thc User shall be billed for this additional amount within thc normal billing procedure. The User agrees to pay for this additional reclaimed water at the prevailing effluent rate. The User shall make payment to the District within thirty (30) days of the date of the monthly statement. UNPAID FEES ARE A STATUTORY I.IEN. The User acknowledges that in tile event thc fees, rates or charges of the services and facilitics provided for under this Agreement shall not be paid and become delinquent, any unpaid balance and all intcrest accruing thereon shall bc an automatic lien on thc propcrty owned by User, described in Exhibit B, pursuant to Chapter 153. Part I1. Florida Statutes, as amended. 168 7 12. RECLAIMED WATER AVAILABII,ITIY. The District shall make a diligent effort to make available to User the agreed upon quantity of reclaimed water during any hour period. It is thc express intention of this Agreement that this quantity of reclaimed water shall be available for withdrawal by user at any time during thc hour period from the storage facility on District's propcrt:>,. Exccpt as a result of an Act of God or Natural di~qstcr or situations described in Section 15, or except as prox idcd in Section 19, ifat an:>' time the District shall be unable to provide reclaimed water to riser for an extended period of time (over 45 days), User shall be credited all water user must obtain to cover its ncccssa~' usage requirements at thc contract rate during the V..'ri¢~.t ol'non-providing. 13. USER EMERGENCY SH'UATIONS. In thc event oFan emergency, as defined below, User shall notify any of those District representatives set forth herein and request that the pumping of reclaimed water tcmpora.'ily cease. Such notice shall bc in writing where circumstances pein'Hr and, in thc event of an immediate emergency, such notice may tx: by telephone with subsequent writlcn confim'mtion. It is umtcrstood by the parties that District anticipates that it can assist tJscr x,.ith the storage and non-deliver3' of reclaimed water for a period not It) exceed three (3) days in such an emergency situation. Such storage of reclaimed water, however, shall be subject to the roles, regulations and directives of the Florida Department of Environmcntal Protection. Emergencies shall inch:dc but shall not be limited to: (a) Climatic conditions such as hurricanes, floods or unseasonably excessive rainfall which makes it impossible for User to accept the reclaimed water. (b) Short term equipment or material failure, making it impossible for User to store or distribute the reclaimed water. (c) An Act of God which makes it impossible for User to accept, store or distribute thc reclaimed water. 14. NOTIFICATION OF DISTRICT, Those representatives of District who shall tlc notified in thc event of an emergency nrc: (a) Collier County Public Works Administrator 3301 E. %miami Trail, Bldg. I1/3''~ Floor (941)732-2575 Naples, Florida 34 i 12 (b) Collier County Wastcwnter Director 3301 E. Tamiami Trail, Bldg. 1I/3"~ Floor (941)732-2575 Naples, Florida 34112 16B Supervisor, Collier County South County Regional Wastev,'ater Treatment Facility 5600 Warren Street Naples, Florida 34113 (941)774-6,~86 15. DISTRICT NOT I,IABLE FOR FAIt,URE TO DEI,IVER RECI..AIMF, D WATER. Thc District shall not be held liable by User for failure to deliver reclaimed xvatcr ifa reasonable situation preventing such delivery, exists. Such situations shall include, but not be lirnited (a) A lack of reclaimed water clue to loss or lack of flow to the treatment plant clue to proccss failure. (b) Contamination in the reclaimed water making it unusable for irrigniitm. (c) Equipment or material failure in the reclaimed water delivery system, including storage ,,mci pumping. (d) ..\n Act of God which makes delivery by the District not reasonably t~'asiblc or impossible. 16. NOTIFICATION OF USER. The representative of User who shall be notified in t. hc event or'an emergency or District's inability 1o deliver reclaimed water is: (a) Jeanne Brooker, President 3635 Boca Ciega Drive, #109 Naples, Florida 341 ! 2 (941)774-5258 (b) R & P Management c/o Jack Felber 265 Airport Road South Naples, Florida 34104 (941 )643-3353 and when emergency situations occur, the District ,,viii notify User by telephone and follow up s~i~h a letter stating the nnture of the emergency and the anticipated duration. 17. WRI'ITEN NOTICE OF ADDRESSES AND TELEPI IONE CI IAN(;IlS REQUIRED. The District and the User may change the nlxwe mailing addresses nn&'or phone numbers nt any time upon giving the other party written notification, return receipt requested, by U.S. Mail. 7 16B ? 18. lISE OF EFFLUENT. Except as set forth above, User shall accept thc reclaimed water delivered by the District and use it for irrigation on the Propcr~y in any manner determined by User. except that use of thc reclaimed water shall be consistent with Focal, state and federal regulations. Except ~ the normal u.~ of thc irrigation may incidcnlally spray reclaimcd water into the lakes, ponds, ditches and sloug)~s the Property, User shall not discharge reclaimed water directly into thc surface watcru of the State of Florida without written authorization from the Florida Department F. nvironmcat Protcction. User shall take all reasonable precautions, inc',uding signs and labeling, to prevent confusion bctwccn reclaimed water sources and other water sourccs downstream of the Point of DclivcD'. Thc District slmll be dccmcd to bc possession and control of the reclaimed watcr until it shall have been delivered User at thc Point of Delivery, after which delivery riser shall it>(: dccmcd to bc in possession and control of thc reclaimed water. 19. EXCUSE FROM PERFORMANCE BY GOVERNMENTAl. ACTS. It' for any mason during the term of this Agreement, local, slate or feder::l governments or agcncics shall fail to issue necessary permits, grant necessary, approvals, or shall require an2,' change in the operation of the treatment, transmission and distribution s2"stcms or the application ~md use of reclaimed water, then to the extent that such requirements shall affect the ability of any party to perform any of the terms of this Agreement, the affected party shall be excused from the performance thereof and a new agreement shall be negotiated, if possible, by the parties hereto in confc, rmity with such permits, approvals, or requirements. }Iowever, nothing shall require User or District to accept any new agreement if it substantially adds to its burdens and obligations hereunder. 20. USER'S RIGItT TO TERMINATION; AGREEMENT RUNS WITtt USER'S LAND. The User shall have the right to terminate this Agreement if the District continually fails to deliver reclaimed water, under the conditions described in paragraph 15 herein. 'I'he User shall have the right to sell, transfer or encumber thc h'md areas irrigated with the reclaimed water that User owns, or otherwise has a property interest in, except that written notice of any proposed ~le or transfer of any lands or other property interests by User must be given to the District, as provided herein, at least thirty (30) days prior to the sale or transfer. So long as usc of any lands or other property interests held by User shall substantially continue to be Ibr thc purposes intended by this Agreement, any subsequent party in interest shall be obligated to receive and use the specified quantity of effluent under thc same terms and conditions of this Agreement unless modified by mutual consent of thc District and the buyer, or transferee, or successor in interest to the User. 16B 7 21. DISTRI(."F'S RIGI t'F TO TERMINATION. Thc District shall have Ibc right to, tcm'finatc this ,,\grcement if tim User fifils to accept reclaimed water under Iht conditions described hcrdn, or if performance is prevented by third party litigation, ir thc User is or reasonably appears to bc i~csponsibly or illegally disposing or or using the reclaimed water, or if any other event beyond thc control ortho District prcvcms pcrfimnance, or if thc User fails to pay delinquent fc~s, rates, or charge:; Ibc thc scrviccs and fiacilitics provided tbr under this Agreement. 22. q'IME OF TERMIN,VFION. Where practicable, termination on the part of either part.,,' shall not occur before one hundred and eighty (180) days after the termir~ati%, part.,.' has notified thc other party in writing, except in an instance ,.,,'here U'ser is, or reastmably appears to be, irresponsibly or illegally disposing of or using the reclaimed water. 23. ,\CCESS. Thc District shall have the right, but not thc duty. to enter upon the l.akcwood Property to review and inspect at reasonable times thc practices of user with rcs~ct to conditions agreed herein. Such entry shall normally be fi~r thc purpose of review of the operation of thc reclaimed water irrigation system, liar inspcctitm of distribution mains and appurtenances, and t~r sampling ntnny monitoring wells located on the property of User. User may have a representative accompany thc District personnel. 2,l. INDENINIFIC:VFION. User acknowledges that the reclaimed water, duc to its chemical composition, may not be compatible lbr irrigation ofcertnin susceptible vegetation. User agrees that District shall not be held liable for damages that may occur lo vegetation or for any other damages ,.,,hich may occur due to the use or acceptance of rcclaimed water. The User, in consideration of ten dollars, receipt ami sufficiency cd'which is accepted through the signing of this Agreement, shall hold harmless and defend the District and its agents nnd employees from all suits nnd actions, including attorneys' fees and all costs of litigation and judgments ofany name and description arising out of or incidental to this Agreement. This paragraph is not inlcndcd to require User to indemnity the District for the District's sole negligence, 25. DISCI,AIMI!R OF TI IIRD PARTY [IENEFICIARIES. This Agreement is solely for the bcncfh of the Ibm'ml parties hereto, and their successors in interest, and no right or cause ofaction shall accrue upon or by reason hercot; to or for the benefit of any third party not a pmly hereto. 16B 7 26. SEVERABII. ITY. If any part of this ,,\grccment is found invalid or uncnt'orccablc by any court, such invalidity or unenforccability shall not effect the other pans of this Agreement if thc rights and obligations of thc parties contained therein are not materially prQudiccd and if the intentions of the parties can continue to be elTcctcd. To that end. this Agreement is declared severable. 27. LAND USE AI'PROVA[,S. This Agrcmncnt shall not be construed as n basis lk~r either grnnting or assuring or indicating, or denying, refusing to grant or preventing any fulure grant of land use or zoning approvals, permissions, variances, special exceptions, or any other rights with respect to the real properly in thc irrigated ar,za. 28. APPLICABM'; I.A\V. This Agreement and the provisions contained herein shall be construed, comrollcd, and interpreted according to thc laws of thc State of Florida an~t the Collier County Utilities Standards anti Procedures Ordinance or its successor in i\mction. 29. RE('ORD,.\TION. This Agreement si'mil be recorded in thc Public Records of Collier County. Florida. 30. ASSIGNMENT. Assignment or transfer of thc Usc:"s rights or obligations under reis Agreement is prohibited without prior ,.wittcn consent o[' the District. 31. BINDING EFFECT. This Agreement shall be binding upon thc panics, their successors and assigns. 32. EN"I'IRE AGREEMENT; AMENDMENT. This Agreement constitutes the entire agreement between the panics with respect to the subject mntter referenced herein. Any amendment hereto shall be in writing dui.,,' executed by the par'ties hereto, or their successors in interest to the Property. 168 7 IN WITNESS WtlEREOF, the foregoing parties have subscribed their hands and seals for the day and )'car firs. t above mentioned. ' Signa~e~ Printcd/~ypcd Name .... Signature Pdnte~I'ypcd Name ST.,VFE OF FLORIDA COUNTY OF COLLIER I.akewood Community Services Association, Inc. Pti ntcdFFypcd Name Printcd, rrypcd Title , .3,,,.:,.,~ (Corporate Seal) I ttEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and County aforesaid to take acknowledgments, personally appeared well krtown to me to be the iPrffs/'o/~,~~- of Lakewood Community Services Association, Inc. being authorized so to do, executed the foregoing Effluent Agreement for thc purN~se therein contained under authority duly invested by the .L~'o~,,- · that the seal affixed thereto is the tree seal ofsaid__], ff". ~. and of (Notarial Scal) WITNESS my hmid and official seal in the County and State last aforesaid this .R ~. day ~m* Public - ~ly Commission Expires: · ~,D\VIGHT E. BR~'~'~i aLERK ,, . , ,,"'~ · .*. ,.. . ,",pprO'~d a~ t~.f4tm ~f.~bl ,chael W: P~'ttit k~ Assistant County Attorney 16B 7 BOARD OF COUNTY COMMISISONERS OF COLLIER COUNTY, FLORIDA. AS EX-OFFICIO TIlE GOVERNING BOARD OF TIlE COLLIER COUNTY WATI:'R-SEWI.',~ DISTRICT TIMOTt IY fi,. 117,xNCC~:~jI~AIRNiAN By: THOMASSON DRIVE FOXFIRE ~cs LAKE LOCATION PLAN miT,, :C 16B EXItlBIT B PROPERTY OWNED BY USER All of the Common Properties as referred to in that certain Dccl~uation of Covenants, Conditions and Restrictions for the Lakewood Project. as recorded in the Office of the Clerk of the Circuit court in Officials Records Book 581, Page 692 et seq., public Records of Collier County, Florida, together will all appurtenances thereunto appertaining trod specified in said Declaration and ali amendments thereto; conceivably and including any all control stnicturcs existing as part of the sm'face water management system; subject to restrictions, ea~*,cment$, and reservations of record as stated in said Declaration. Outlot "A" Lakewood Unit No. 4, according to plat thereof recorded in Plat Book 12 Page 27 of Public Records of Collier County, Florida. Drainage Right-of-Way adjacent to Lots 1, 2, and 3, Block "11", lakcwood Unit No. I, according to plat thereof in Plat Book 12 page 8 of Public Records of Collier County, Florida. Drainage Right-of-Way lying between Block "L" and Block "1I", Lakcwood Unit No. 1, according to plat thcreofrecorded in Plat Book 12 Page 8 of Public Records of Collier County, Florida. 168 9 Date: To: From: Re: October 23, 1997 Ladd Ryziw, OCPM Sue Barbiretti, Minutes & Records Item #16B9, BCC meeting date: 10/21/97 Please find attached, for your files, one original Professional Services Agreement that was approved by the BCC on Tuesday, October 21, 1997. If yeu have any questions, call me at 774-8406. Thanks, PROFESSIONAL SERVICES AGREEMENT 18B 9 THIS AGREEMENT is made and entered into this ~ day of ~.f. t7 r.,~- _/, e.t.L~' 19_'?_:? , by and between the Board of County Commissioners for' Collier Coun:y, Florida,, a political subd{vision of thc State of Florida (hereinafter referred to as the "OWNER") and Johnson Engineering, Inc., a Florida corporation, authorized to do business in the State of Florida, whos,~ business address is 2640 Golden Gate Parkway, Suile 216, Naples, Florida 34105 (hereinafter referred to as the "CONSULTAaNT"). W I T N E S S E'F H: WIIEREAS, the OWNER desires to obtain the professional engineering and surv~fing .~ervices of the CONSULTANT concerning certain design sea'ices for Goodlette-Frank Road (hereinafter referred to as the "Project"), said services being more fully described in Schedule A, "Scope of Services", which is attached hereto and incorporated herein; and WIIEREAS, the CONSULTANT has submitted a proposal for provision of those services; and WIIEREAS, the CONSULTANT represents that it has expertise in the type of professional services that will be required for the Project. NOW, TIIEREFORE, in consideration of the mutual covenants and provisions contained herein, the parties hereto agree as follows: ARTICLE ONE CONSULTANT'S RESPONSIBILITY 1. I. CONSULTANT shall provide to OWNER professional engineering and surveying services in ai! phases of the Project to which this Agreement applies. 1.2. The Basic Services to be performed by CONSULTANT hereunder ar, set forth in the Scope of Services described in detail in Schedule A. The total compensation to be paid CONSULTANT by the OWNER for all Basic Services is set forth in Article Five and Schedule B, "B:~sis of Compensation", which is attached hereto and incorporated herein. 1.3, Thc CONSUL'rANT agrees to obtain and maintain throughout the period or this Agreement a. ll such licenses as are required to do business in the State of Florida and in Collier County, Florida, including, but not limited to, all licenses required by the respective state boards trod otl~er governmental agencies responsible for regulating and licensing the professional sea-ices to be provided and performed by the CONSULTANT pursuant to this Agreement. 1.4. 'I'he CONSULTANT agrees that, when the services to be provided hereunder relate ~,o a professional service which, under Florida Statutes, requires a license, certificate of authorization or other form of legal entitlement to practice such services, it shall employ and/or retain only qualified personnel to provide such services. 1.5. CONSULTANT agrees to employ and designate, in writing, within five (5) calendar days after receiving its Notice to Proceed, a qualified licensed professional to serve as the CONSULTANTs project manager (hereinafter referred to as the 'Project M'anager"). The Project Manager shall be authorized and responsible to act on behalf of the CONSULTANT with respect to directing, coordinating and administering all aspects of the services to be provided and performed under this Agreement. Within five (5) calendar days from the Notice to Proceed issued by the OWNER ~o the CONSULT.,-U'/T, the CONSULTANT shall deliver to the OWNER a written statement, executed by the proper officers of the CONSULTANT, acknowledging that the Project Manager shall have full authority to bind and obligate the CONSULTANT on all matters arising out of or relating to this Agreement, The CONSULTANT agrees that the Project Manager shall devote whatever time is required to satisfactorily manage the services to be provided and pe,R~rmed by the CONSULTANT hereunder. The person selected by the CONSULTANT to serve as the Project Manager shall be subject to the prior approval and acceptance of the OWNER. ~.6. ¢ONSUhTANT ag~cs, within £our~een (l~) ~end~ ~)m o~ z~ip~ of: ~:~ z~uc~ employed o~ ~e~aincd by ~he COMS~TANT, o~ any su~on~uI::~ o~ ~u~om~1o~ o~ any ~onnel of any such subconsultants or subcontractors cn$~g~ by th~ CONS~T,~T to pros~de and pe~o~ seduces or work pursuant to the requirements of thi~ Agreement, whom the O~K shall t~uest in ~iting to be removed, which r~qu~ ~y ~ n~de by the 0~ with or ~thout ~msc, 1.7. The CONSULTANT has represented to thc OWNER that it has expcrtbc in the type of ?rofcssional services that will be required for the Project. Thc CONSULTANT asrccs that all services to be provided by CONSULTANT pursuant to this Agreement shall bc subjcct to the OWNER's review and approval and shall be irt accordance with the generally accepted standards of professional practice in the State of' Florida, as well as in accordance with all published laws, statutes, ordinances, codes, rules, regulations and requirements of any governmental agencies which regulate or have jurisdiction over the Project or the services to be provided and performed by CONSULTANT hereunder. In the event of any conflicts in these requirements, the CONSULTANT shall notify the OWNER of such conflict and utilize its best professional judgment to advise OWNER regarding resolution of the conflict. 1.8. CONSULTANT agrees not to divulge, furnish or make available to any third person, firm or organization, without OWNER's prior written consent, or unless incident to the proper performance of the CONSULT,.~NT's obligations hereunder, or in the course of judicial or legislative proceedings where such information has been properly subpoenaed, any non-public information concerning the services to be rendered by CONSULTANT hereunder, and CONSULTANT shall require all of its employees, a~.;ents, subconsultants and subcontractors to comply with the provisions of this paragraph. 1.9. CONSULTANT agrees to certify all estimates of construction costs and Projcct complction dates prepared by the CONSULTANT. Said certifications shall be in a form approved by the 168 9 1.10. Evaluations of the O\VNER'S Project budget, preliminary estimates of construction cost and detailed estimates of construction cost prepared by the CONSULTANT represent the CONSULTANTS best judgment ns a design professional familim' with the construction induswy. The CONSUI.TANT cannot and does not guarantee that bids or negotiated prices will not v-,try I'rom any estimate of construction cost or evaluation preps'ed or agreed to by the CONSULTANT. Notwithstanding anything above to the contrary, CONSULTANT shall revise and modify Construction Documents and assist in the rebiddin8 of the Work at no additionsl cost to O%q'4'ER, if all responsive and responsible bids exceed the estimates of construction costs prepared by CONSULTANT. 1.11. CONSULTANT shall not be responsible for means, methods, techniques, sequences or procedures of construction selected by contractors or the safety precautions and programs incident to the work of contractors. ARTICLE T~VO ADDITIONAL SERVICES OF CONSULTANT It' authorized in writing by OWNER, CONSULTANT shall furnish or obtain from others Additional Services of the types listed in Article Two herein. These services will be paid for by OWNER as indicated in Article Five and Schedule B. The following services, if not otherwise specified in Schedule A as part of Basic Services, shall be Additional Services: 2.1. Preparation of applications and supporting documents (except those already to be furnished under this Agreement) for private or governmental grants, loans, bond issues or advances in connection with the Project. 22. Services resulting from significant changes in the general scope, extent or character of the Project or its design including, but not limited to, changes in size, complexity, OWNER's schedule or character of construction; and revising previously accepted studies, reports, design documents or Contract Documents when such revisions are required by changes in laws, rules, regulations, ordinances, codes or orders enacted subsequent to and not reasonably anticipated prior to the 168 9 preparation of such studies, reports or documents, or are due to any other causes beyond CONSULTANT's control. 2.3 Prcpa,ration and submission of' in£ormation to sad ncccs,~ry consultations with the Collier County Transportation Department, Florida Department or' Environmcnta~ Protection, Florida Department of Transportation, South Florida Water Management District, U.S. Army Corps o£Eng~ncers or other appropriate regulatory agencies, in ordcr to obtain n¢ces~ry permits or approvals for construction of` the Project, unless such pcrn~its a~¢ expressly included in Basic Services to be pcrf'ormcd by CONSULTANT hereunder ss set £orth in thc Schedule A-Scope of Services, 2.4 Providing renderings or models for OW'NER's use. 2.5. Investigations and studies involving detailed consideration o£ operations, maintenance and overhead expenses; thc preparation of' f'casibi]ity studies, cash flow and cconomlc evaluations, rate schedules and appraisals; and evaluating processes available for licensing and assisting OWNER in obtaining process licensing. 2.6. Furnishing services of'independent professional associates and consultants for other than the contract services to be provided by CONSULTANT hereunder. 2.7. Services during out-of-town travel required of CONSULTANT and directed by OWNER, other than visits to the Project site or OWNER's office. 2.8. Assistance in connection with bid protests, rebidding or rcnegotiating contracts for construction, materials, equipment or services, except as otherwise provided for herein. 2.9. Providing any type of property surveys, aerial photography or related cnginecrin8 services needed for the transfer of interests in real property and field surveys for design purposes and engineering surveys and staking to enable contractors to proceed with their work and providing other special field surveys. 16B 9 2.10. Prep~ation of operating, m~inten~nce ~md staflqng m~nu~Is, except M otherwise provided for herein. 2.11. Preparing to serve or ser~4n8 as a CONSULTANT or v,qtne.~ for OWNER in ~ny litigation, or other lesal or administrative proceeding, involving the Project (except for assistance in consultations which are included as pm o£the B~sic Services to be provided herein). 2.12. Additional services rendered by CONSULTANT in connection with the Project, not other,vise provided for in this Agreement or not customarily furnished in ~ccordance with generally accepted engineering practice. ARTICLE TIIREE OWNER'S RESPONSIBILITIES 3.1. The Owner shall designate in writing a project coordinator to act n OWNER's representative with respect to the services to be rendered under this A~eement (hereirmfter referred to as the "Project Coordinator"). The Project Coordinator shall Mve authority to tr~smit instructions, receive information, interpret and define OWNER's policies and deci~ion~ with respect to CONSULTANTs services for the Project. However, the Project Coordinator is not authorized to issue any verbal or v, xitten orders or instructions to the CONSULTANT that would have the ell'ex:t, or be interpreted to have the effect, of modifying or changing in ~y way whatever: Co) (c) The scope of services to be provided and performed by the CONSULTANT hereunder; l'he time the CONSULTANT is obligated to commence Md complete all ~mch services; or The wnount of compens=tion the OWNER. is obligated or committed to pay the CONSULTANT. 3.2. The Project Coordinator shall: (a) Review and make appropriat: rccommendations on all requests submitted by the CONSULTANT for payment for services and work provided ,,nd performed in accordance with this Agreement', (b) Provide ail cF~teria and information requested by CONSULTA.NT as to OWNER's rcquircrncnts for the Project, including design objcctive~ and constraints, space, capacity and performance requirements, flexibility and expandability, and any budgetary limitations; (c) Upon request from CONSULTANT, assist CONSULTANT by placing CONSULTANTs disposal all avail.'.~ble information in the OWN.ER'S po~se~ion pertinent to thc Project, including existing drawings, specifications, shop dr:xwings, product literature, previous reports and any other data relative to design or construction of the Project (d) Arrange for access to and make all provisions for CONSULTANT to enter the Project site to perform the services to be provided by CONSULTANT under this Agreement; and (c) Provide notice to CONSULTANT of any deficiencies or defects discovered by the OWNER ,,vith respect to the services to be rendered by CONSULTANT hereunder. 3.3. CONSULTANT acknowledges that access to the Project Site, to be arranged by OWNER for CONSULTANT, may be provided during times that are not the normal business hours of the CONSULTANT. 3.4. OWNER shMI be responsible for the acquisition of all easements, properly sites, r-ights-of-way, or other property rights required £or the Project and for the co,ts thereof, including the costs of any required land surveys in connection with ~uch acquisition. ARTICLE FOUR TIi~IE 4.1. Services to be rendered by CONSULTANT shall be commenced subsequent to the execution of' this Agreement ,pon written Notice to Proceed from OWNER for all or any designated portion of the Project ~d shal~ be performed ~nd completed in accordance with the Project Schedule attached hcrcto and made a part hereof as Schedule C. Time is of the es.scnce with rcspcct to the performance of this Agrccmcnt. ,1.2. Should CONSULTANT be obstructed or delayed in the pro~:cution er completion of its services as a result of unforeseeable causes bcyond the control of CONSULTANT, and not due to its own huh or neglect, including but not restricted to acts of God or of public enemy, acts of government or nf thc OWNER. fire~, floods, epidemics, quarantine regulations, strikes or lock-outs, then CONSULTANI shall notify OWNER in writing within fivc (5) working days after commcncemcnt of such delay, stating the cause or causes thereof, or be deemed to have waived any right which CONSULTANT may have had to rcqucst a time extension. 4.3. No inten-uption, interference, inefficiency, suspension or delay in the commcnccmcnt or progress of CONSUI. TANT's services from any cause whatsoever, including those for which OW'NF..R may be responsible in ',',,hole or in part, shall relieve CONSUL'rA. NT of its duty to perform or give rise to any right to damages or additional compensation from OWNER. CONSULTANT's sole remedy against OWNER will be the right to seek an extension of time to its schedule. This paragraph shall expressly apply to claims for early completion, as well as claims based on late completion. Provided, however, if through no fault or neglect of the CONSULTANT, the services to be provided hereunder have not been completed within ninety (90) days of the date hereof, the CONSULTANT's compensation shall be equitably adjusted, with respect to those services that have not yet been performed, to reflect the incremental increase in costs experienced by CONSULT,-MNT after expiration of said twenty-four (24) month period. 4.4 Should the CONSULTANT fail to commence, provide, perform or complete ~y of the services to be provided hereunder in a timely and reasonable manner, in addition to any other rights or remedies available to the OWNER hereunder, the OWNER at its sole discretion option may withhold any and all payments due and owing to the CONSULTANT until such time as the CONSUUFANT resumes performance or its obligations hereunder in such a manner so as to reasonably establish to the OWNER's satisfaction that the CONSULTANTs performance is or w/Il shortly be back on schedule. ARTICLE FIVE COMPENSATION S.l. Compensation and the manner of payment of such compensation by the OWNER for services rendered hereunder by CONSULTANT shall be as prescribed in Schedule lB, entitled 'Basis of Compensation", which is attached hereto and made & part hereof. ARTICLE SIX OWNERSIIIP OF DOCUMENTS 6.1. Upon completion or termination of this Agreement, all rccords, documents, tracings, plans, specifications, maps, evaluations, reports, computer assisted design or dratting disks and off, er technical data, other than working papers, prepared or developed by CONSULTANT under this Agreement shall be delivered to and become the property of' OWNER. CONSULTANT, at its own expense, may retain cop[es for its files and internal use. OWNER agrees to indemnify and hold harmless CONSULTANT with respect to any claim, loss or damage, including attorneys fees incurred by CONSULTANT due to the OWNER's use of' said records, documents, tracings, plans, specifications, maps, evaluations, reports, computer disks and other technical data on some other project unless such usc is authorized by CONSULTANT. 6.2. With respect to and in consideration for the indemnification provided by OWNER in paragraphs 6.1. above, CONSULTANT agrees to pay to OWNER $I0.00, the sufficiency and receipt ofwhich is acknov,,ledged through the signing of this Agreement. ARTICLE SEVEN MAINTENANCE OF RECORDS 7.1. CONSULTANT ,.viii keep adequate records and supporting documentation wtfich concern or reflect its services hereunder. The records and documentation will be retained by CONSULTANT for a minimum of five (5) years from the date of termination oftkis Asrcement 18B or the date the Project is completed, whichever is later. OWNER., or any duly authorized agents or represcntatives o{' OWNER, shall have the fight to audit, inspect and copy all such records and documentation as often as they deem necessary during the period of this Agreement ~nd during the five (5) year period noted above; provided, however, such activity shall be conducted only during normal business hours. 9 ARTICL,£ EIGIIT INDEMNIFICATION 8.1. Thc CONSU'LTANT in consideration of $10.00, the sufficiency and receipt of which is acknowledged through the signing of this Agreement shall protect, defend, indemnify and hold OWNER and its officers, employees and agents harmless from and against any and all losses, penalties, damages, professional fees, including attorney fees and all costs of litigation and judgments arising out of any willful misconduct or negligent act, error or omission of the CONSULTANT, its Subconsultants, Subcontractors, agents or employees, arising out of or incidental to the performance of' this Agreement or work performed thereunder. The consideration exchanged and the provisions of this paragraph shall also pertain to any claims brought against, the OWNER its officers, employees or agents by any employee of the named CONSULTANT, or any Subconsultant or Subcontractor, or anyone directly or indirectly employed by any of them. The CONSULTANT'S obligation under this paragraph shall not be limited in any way by the agreed upon contract price as shown in this Agreement or the CONSULTANT'S limit of, or lack of, sufficient insurance protection. 8.2. CONSULTANT acknowledges that the general conditions of any construction contract shall include language, satisfactory to the OWNER's attorney, in which the contractor agrees to hold harmless and to defend OWNER., its agents and employees from all suits and actions, including attorney's fees, and all costs of litigation and judgments of any name and description srising out of or incidental to the performance of the construction contract or work performed thereunder. 1o ARTICLE NINE INSUP, ANCE 168 9 9. I. CONSULTANT shall obtain an carry, at all limes during its performance undcr the Contract Documents, insurance of thc types and in tile amounts set forth in SCtlEDULE D to this Asrccmcnt, ARTICLE TEN SERVICES BY CONSULTANT'S OWN S'rAFF 10.1. Thc services to bc performed hereunder shall bc pcrformcd by CONSUI,TAN'F's own staff, unless otherwise authorized in writing by the OWNER. Thc employment of, contract with, or m,e of the services of any other person or firm by CONSULTANT, as independent consultant or otherwise, shall be subject to the prior written approval of the OWNER. No provision of this Agreement shall, however, be construed as constituting an agreement between the OWNER and any such other person or firm. Nor shall anything contained herein be deemed to give any such party or any third party any claim or right of action against the OWNER beyond such as may otherwise exist without regard to this Agreement. ARTICLE ELEVEN WAIVER OF CLAIMS 11.1. CONSULTANTs acceptance of final payment shall constitute a full waiver of any and all claims, except for insurance company subrogation claims, by it against OWNER arising out of this Agreement or otherwise related to the Project, except those previously made in writin8 and identified by CONSULTANT as unsettled al the time of the final payment. Neither thc acceptance of CONSULTANT's services nor payment by OWNER shall be dccmcd to bca waiver of any of OWNeR's rights against CONSULTANT. ti ARTICI.E T~VELVE TERMINATION OR SUSPENSION 12.1. CONSULTANT shall be considered in mate'ial default of this Agrecment and such default x~4,11 be considered cause for OWNER to terminate this Agreement, in whole or in part, as further set forth in this section, for any of the following reasons: (a) failure to begin work under the Agreement within the times specified under the Notice(s) to Proceed, or (b) failure to properly and timely perform thc services to be provided hereunder or as directed by OWNER. or (c) the bankrupt~ or insolvency or a general assignment for the benefit of creditors by CONSULTAN-I' or by any of CONSULTANT's principals, officers or directors, or (d) failure to obey laws, ordinances, regulations or other codes of conduct, or (c) failure to perfom~ or abide by the terms or spirit of this Agreement, or (0 for an)' other just cause. The OWNER may so terminate thi.x Agreement, in whole or in pan, by giving thc CONSULTANT seven (7) calendar days written notice. 12.2. If, after notice of termination of this Agreement as provided for in paragraph 12. ! above, it is determined for any reason that CONSULTANT was not in default, or that its default was excusable, or that OWNER otherwise was not entitled to the remedy against CONSULTANT provided for in paragraph 12.1, then the notice of tertnination given pursuant to paragraph 12.1 shall be deemed to be the notice of termination provided for in paragraph 12.3 below and CONSULTANT's remedies against OWNER shall be the same as and limited to those afforded CONSULTANT under paragraph 12.3 below. 12.3. OWNER shall have the right to terminate this Agreement, in whole or in part, without cause upon seven (7) calendar days written notice to CONSULTANT. In the eveat of such termination for convenience, CONSUIjI'ANT's recovery agv. inst OWNER shall be limited to that portion of the fee earned through the date of termination, together v,4th any retainage withheld and ,,ny costs reasonably incurred by CONSULTANT that are directly attributable to the termination, but CONSULTANT shall not be entitled to any other or fimher recover)' against OWNER, including, but not limited to, anticipated tees or profits on work not required to be performed 12 12.4. Upon tcrmin~.tion, the CONSULTANT shall deliver to the OWl'41-'.t~, all original papers, records, documents, draxx4ngs, mo(leis, and other material ,.,et forth and described in thi~; Agreement. 12.5. 1'he OWNER shall have the power to suspend all or arty portions of the services to be provided by CObISUI,TA]x~F hereunder upon giving CONSULT~kNT two (2) calendar days prior written notice of such suspension. If all or any poction of the se~'ices to be rendered hereunder ar~ so suspended, the CONSULTANT's sole and exclusive remedy shall be to seek an extension o£ time to its schedule in accordance whh the procedures set forth in Article Four herein. ARTICI,E TtliRTEEN TRUTtt IN NEGOTIATION REPRESENTATIONS 13.1. CONSULTANT warrants that CONSULTANT has not employed or retained any company or person, other than a bona fide employee working solely' for CONSUI,TANT, to solicit or secure this Agreement and that CONSULTANT has not paid or agreed to pay any person. company, corporation, individual or tirm, other than a bona fide employee working solely for CONSULTANT, any fee, commission, percentage, gift or any other consideration contingent upon or resulting from the award or making of this Agreement. 13.2. Irt accordance with provisions of Section 287.055, (5)(a), Florida Statutes, the CONSULTANT agrees to execute the required Truth-In-Negotiation Certificate, attached hereto and incorporated herein as Schedule E, stating that wage rates and other f~ctual unit costs supporting thc compensation arc accurate, complete and curt'erie at the time of the Agreement. The CONSULTANT agrees that the original Agreement price and any additions thereto shall be adjusted to exclude any significant sums by which thc OWNER detcnninc:~ the Agreement price was increased duc to inaccurate, incomplete, or non-current wage rates and other factual unit costs. All such adjustments shall be made within one (I) year following the end of this Agreement. 13 ARTICLE FOURTEEN CONFI.,ICT OF INTEREST 14.1. CONSUI,TANT represents ).hat it presently has no interest ~md shall acquire no interest, either direct or indirect, which would conflict in. any manner wi~h thc pcd'ormanc¢ of' scrviccs required hereunder. CONSULTA~,FF t~nher reprcsems that no persons h:,v~ng shy such intcrc.st shall be employed to perform those services. AFtTICLE FIF'FEEN MODIFICATION l fi.l. No modification or changc in this Agrccmcnt shall be valid or binding upon the parties unless in ~ting and executed by the party or par~ies intended to be bound by it. ARTICI. E SIXTEEN NOTICES AND ADDRESS OF RECORD 16.1. Ali notices required or made pursuant to this Agreement to bc given by the CONSULTANT to the OWNER shall be in writing and shall be delivered by hand or by United States Postal Service Department, first class mail service, postage prepaid, return receipt requested, addressed to the follow/ng OWNER's address of'record: Board of County Commissioners, Collier County Florida c. Jo Office of Capital Projects Management 3301 Tamiami Trail East Naples, FI. 34112 Attention: Mr. Mirth Momtaz 14 16.2. All notices required or made pursuant to this Agreement to be given by the OWNT. R to the CONSLrLTANT shall be made in ~axitin$ and shall be delivered by hand or by the U~tited States Postal Ser¥ice Department, first ciasa mail service, postage prepaid, return receipt requested, addressed to the following CONSULTANT's address of record: Johnson Engineering, Inc. 2640 Golden Gate Parkway Suite 216 Naples, Florida 34105 Attention: Mr. Chris tlagan 16.3. Either party may change its address of record by written notice to the other party given accordance with requirements of this Article. ARTICLE SEVENTEEN MISCELLakNEOUS 17.1. CONSULTANT, in representing OWNER, shall promote the best interest of OWNER and assume towards OWNER a duty of the highest trust, confidence, and fair dealing. 17.2. No modification, waiver, suspension or termination of the Agreement or of any terms thereof shall impair the rights or liabilities of either party. 17.3. This Agreement is not assignable, in whole or in part, by CONSULTANT without the prior written consent of OWNER. 17.4. Waiver by either party of a breach of any provision of this Agreement shall not be deemed to be a waiver of any other breach and shall not be construed to be a modification of the tcrrns of this Agreement. t5 17.5. The headings of the Articles, Schedules, Parts and Attachments as contained in this Agreement are for thc purpose of convenience only and shall not be deemed to expand, limit or change the provisions in such Articles, Schedules, Pans and Attachments, 17.6. This Agreement, initially consisting of' 4° continuously numbered pages including the referenced Schedules and Attachments hereto, constitutes thc entire ~grecment between the p~rties hereto and shall supersede, replace and r. ullify my and all prior agreements or understandings, ',vdttcn or oral, relating to the malter set forth herein, and any ~uch prior ~grecmcnts or understanding shall have no force or effect whatcw:r on this Al~rccmcnt. ARTICLE EIGIITEEN APPLICABLE IakW 18.1. Unless othcrwise specified, this Agrccment shall bc 8ovcrncd by thc laws, rulcs, and regulations of the State of Florida, and by the laws, rules and regulations of the United States when providing sec,'ices funded by the United States government. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in thc appropriate Hofida state court in Collier County, Florida. IN WITNESS WHEREOF, the parties hereto have executed this Agreement for Goodlette-Fr~k Road the day and year firs', written above. 16t3 9 Professional Services BOARD OF couNtrY COMMISSIONERS FOR COLI.IER COUNTY, FLORIDA, A FOLITiCAL SUBDIVISION OF TIlE STATE OF FI.OR1DA [AND AS EX-OI.TICIO TIlE CK')VERN1NG BOARD OF 'FILE COLL1ER COUNTY WATF_..R- SEWER DISTRICT] ...... Timothy L./t/ancock, Cl'il!~immn '' . ' Approved as to form and legal sufficiency: Assistant County Attorney JOHNSON ENGINEERING, INC. Witness Stcven K. Morfison, President Witness (CORPORATE SEAL) 17 9 ~tCD. F]i_Q.F_ERQ EF~~ ~L_~F~JflQF~ For Goc~letic'-Fmak Road Improvements from Pine Ridge Road to Vandcrbilt Beach Road Extansion. (Collier County Project Nurubar ('QD~. The CONSULTANT shall provide and perform the following professional services which shall constitute the scope of the BASIC SERVICES under the covenants, terms, and provisions of the PROFF3SIONAL SERVICF~q AGREEM 'ENT: All work nccessaW for the completion of the project, including, but not limited to: surveys, design study, public hearings, preliminary plans and specifications, cost estimates, final plans and specifications, bid documents, contract documents, all government permit applications, coordination of all utility system adjustments, and partial construction administration and observation .services for the construction of a four lane or six lane upgrade of the existing Goc~lettc-Frank Road, complete in accordance with the contract documents. TA~..AND BASIC SERVIC,.F~ FOR D~ Pursuant to the GENERAL SCOPE of the BASIC SERVICES stated herein above, the CONSULTANT shall perform all services and/or work necessary to complete the following task(s) and/or provide the following item(s) which are enumerated to correspond to the task(s) and/or items set forth in Schedule B, entitled "BASIS OF COMPEaNSATION", dated June 19, 1 .c~')7. 1.00 2.00 3.00 4.00 5.00 6.00 7.00 8.00 9.00 Public Involvement Program Engineering and Land Surveys Gc-otechnical Services Traffic Data Develop Design Alternatives Peffor~n Comparative Analysis Roadway Plans Utility Relc~ation Plans Right-of-Way Maps .,6t3 10.00 Signalization Plans 11.00 Signing and Pavement Marking Plans i2.LX) Street Lighting Plans 13.00 Permits 14.00 Final Contract Documents 15.00 Advisory Services 16.00 Contn<t Administration and On-S,te Obser,,,ation 12A~.y~,._Q~; _ EkU~_bL~..tH VQ k,Y_t~I~I.E b rr PROGKAbl The CONSUL'TANT shall undcru'tke a Public involvement program which shall include the following: Task 1.01 Develop a Partnering program for this project to include elected and appointed officials in the local area, permit and review agencies, selected pro[x:rty owners rcprcsentnlivcs, design learn mcmbcrs, client staff, public and private utilities, and othcr intcrcstcd partics. Partnering meetings will be conductcd by thc sub-consultant at the following milestones: Start of Project (Notice to Proceed) Complete Comparative Analysis (Task 6.00) Complete Pre-Construction Conference (Task 15.07) Thc CONSULTANT shall send a notification of these meetings to all parties in the Partnering process. Task 1.02 Develop a Public Informational Program for this project to include elected and appointed officials in the local area, permit and rcvicw agencies, property owners, design team members, client staff, public and private utilities, and other interested parties. Public Informational Meetings will be conducted by the CONSULTANT at the following milestones: a. Complete Develop Design Alternates (Task 5.00) b. Construction Start The CONSULTAbrT shall prepare and submit a notification of these public meetings through the standard public notice prix:ess. Task 1.03 The CONSUI.TANrF shall prepare for and attend all Partnering and Public Informational Meetings. The CONSULTANT shall prepare and provide the following: Prepare presentation boards with alignment and typical sections depicted thereon for use as visual aids during the Partnering and Public Informational Meetings. 9 19 i6B 9 bo A written narrative suitable for hand-out at the Parmcring and ihab'tic Informational Meetings and for general information. Th.e narrative shall address the following topics. i. Description of the Proposed Project ii. Environmental consequence:t rdated to: -Social, economic and cultural resources - Physical and natural environment iii. Relationslfip to Comprehensive Plan, Development Standards and other adopted OWNER Policies and Ordinances. iv. Unavoidable Adverse Environmental Impacts and Proposed Mitigation Measures. Task 1.134 Provide audio recording equipment to record the met:ting proceedings and provide the OWNER with copies of transcripts Evaluate and consider identified concerns or challenges to thc typical sections and/or alignment obtained at the Partnering and/or Public Informational Meetings and revise the above exhibits accordingly as approved by the OWNER. Assemble thc Task 1.03 work product booklet. Participate in a Board of County Commissioncn Meeting to accept study and adopt findings. T2:~xol~{;~SGINEERIN0.AND LAND SURVEY~i The CONSULTANT will perform all survey services necessary to prepare the right-of-way maps, legal descriptions, engineering design and construction plans. Survey services must also comply with all pertinent Florida Statutes (FS) and applicable rules in the Florida Administrative Code (FAC). Topographic survey data will be gathered through the use of total station and data collector, readily available for input and use in CADD Design files. The survey work shall inctude thc tbllowing: Task 2.01 [~g. ligll_.S~ll2g.q,X Design survey services will be performed in a manner that will perpetuate the control and reference system through the construction and final estimate activities. Design survey activities may include, but will not be limited to, the following: 2O ao 168 '? The Survey Barn Linc shall be: established by producing tangent lines of existing right-of-way maps (if such maps exist), in the center of right-of-way dedicated by subdivision plat or in the roadway centerline, if neither of the above conditions are met. B~£~r~c~_ Points Reference all survey control points at intervals of 1,000 feet. Place aerial targcts as required for proper aerial photo rectification with wing targets as required for proper acrial photo recti fication. Establish a bench line on National Gccxtctic Vertical Datum of 1929 (NGVD 29). Bench marks will be scl at intervals of 1,000 feet. [Lc~adway Cross Sccti..Qns/Profil~ Gather data for cross sections for the cntirc limits of thc project at intcr',,'als of 1130 feet. Siclc S rLL2ct Surv¢.,~ Perform complete side street surveys for 1,500 feet at Pine Ridge Road, Orange Blossom Drive, and Vandcrbilt Beach Road Extension. All other side streets 500 feet each side of centcrline. Task 2.02 Controlled aerial photography shall be used as a basis for various data necessary for both engineering and environment"d analysis, alternative corridor and design studies, and the devclopmcnt of the preliminary plans for conceptual design. Copies of aerial photography are the prime source of inform?,tion used to convey project consideration to thc public at public meetings. Thc CONSULTANT wall furnish the necessary control survcys for the photography and the aerial photography to be u~d in the study. "I'hc following scales of aerial is ,'mticipated for the project: 1" = 20' Rasterized imagery and planimetrics for report graphics, environmental analysis, alternative alignment evaluation and coordination meetings. 21 1" = lO0' - Rastcrized imagery and planimetfic$ for mpo~ graphics, environmental analysis, alternative alignment evaluation and coordination meetings. Task 2.03 EjlflUc~f~x~5~_v S~2t~ %cction 5ric:~ Utilize State Plane Coordinate System to tie section lints and quarter section lines to the survey base line. Corners found or set in thc field will be properly identified and recorded in the field book and certified corner records completed and filed with the Florida Department of Environmental Protection (FDEP) in accordance with Chapter 177, FS. 7zUlZq!.b.'i sion Tits Tic all subdivisions, including condominium boundaries, at thc beginning and end, block lincs, and street right-of-way lines to the survey Oase line. Ties will be made by closed traverse to assure exact mathematical closure. All neccs~ry block comers will be found or set in the field with comers property identified and recorded in the field book. Efforts will be made to identify all vacated streets v,'ithin a subdivision, along with the recording data of vacation. Task 2.04. U,d¢ rground_l, ltililJcs Locate underground utilities both vertically and horizontally as flagged by the Utility Companies. This task include~ coordination with vafiou~ Utility Companies and assumes that the respective utility will be responsible for "pot holing" said underground system. "Pot holing" will be limited to potential conflict areas. TASK 3.,.09 - GF.,OTECHNICA_I.,_~R~ Thc CONSULTANT shall furnish soils investigation and analysis necessary for the design and preparation of construction plans for this project. A report shall be prepared with recommendations, and pertinent soils data, including the water table elevations for submission to the OWNER. Task 3.01 fi.el l.~~d L,qboril.~.ory-Tcsting Soil Auger Borings shall be obtained at locations directed by the CONSULTANT, after consultation with the OWNER, along the alignment. Auger Borings shall be a minimum of 5 feet deep with soil classifications. All auger borings are to stop if rock is encountered. 22 16g In ares w'her~ unsuit~bl¢ materi~J, such ~s muck, is found, probings sh~l ~ ~cn at each station cvc~ 25 fe~t acros~ ~c cmire width of the pro~d right-of-way to determine t~e extent of thc unsuitable stmtutn. '9 Co Laboratory, testing, sufficient to enable a Professional 'Engincc~ registered in the Scare of Florida, to analyze subsurface soil conditions and make design recommendations, shall be performed. Such texts may include, but shall not be limiled to, grain size analysis, Atterberg limits, and organic content. CONSULTANT shall perform field and laboratory testing of existing pavement section to provide preliminary evaluation of the condition with respect to reuse and/or removal. B~ued on the results of the preliminary evaluation, the need for and/or scope of work. required to complete the evaluation will be determined. This assumes that keeping the existing pavement is an option of thc Typical Section selected for Final Design. TASK 4,00 - TRAFFIC The CONSULTANT shall obtain and develop thc traffic data needed to design thc project from data available from thc OWNER (existing lane volumes - most recent Annual Average Daily Traffic (AADT) and from the Collier County Metropolitan Planning Organization and supplemented by hourly machine counts over a 24-hour period and/or 8-hour manual counts at intersections as required. The CONSULTANT shall: Task 4.01 Develop Project Traffic - K, D, and T factors, lane volumes, and turning movements for the following years: Existing, post construction, and 20 years after construction (Design Year). Task 4.02 Determine intersections that will meet warrants for traffic Signalization within 3 years of the design year. Where signals will be warranted, determine number of lanes required to handle peak seas. on traffic volumes using the Planning Procedures for Signalized Intersections from the latest Highway Capacity Manual. Task 4.03 E.stahlish Typical Scction.$ - With consideration of [.cvcl of Service, type of area (rural vs. urban), density of development, and available right-of- way, develop the cross section elements for roadway alternatives in accordance with design, ~fcty criteria as~d community priorities. 'Fask 4.04 Establish at-grade intersection geometry for all street intersections along Goodlctte-Frank Road. 23 16B 5 This task consists of identifying, analyzing, and developing fea.~ible design alternate~ for subsequent evaluation of viability. 'Ta.~k 5.01 Idcntify alignment controls - Using cultural and natural features and engineering requirements, ~dcntify alignmcnt control and ~tablish the alignment and proposed right-of-way requirements for each typical section under consideration. Task 5.02 ~tablish major design features such ~ major intersection~ and significant drainage requirements as necmssary to define the concep~ design for each alternate. Task 5.03 E.xtablish geometry All horizontal and roadway gc"ometry shall be established for evaluation to define design. Task 5.04 Draft design alignments - Plot design alternates in sufficient dctail to permit evaluation of costs and associated impacts. I~ASK 6.00 - PF. RFORM COMPARATIVE ANALYS~ Subsequent to developing thc design alternates, relative costs shall be prepared to demonstrate economic comparison and associated impacts shall be analyzed to .select the most viable alternate. Tyix:s of items to be evaluatcd and includcd in thc comparative analysis will include the following: Task 6.01 Right-of Way Costs - "ORDER OF MAGNITUDE F~q;TIMATE" appraisals for additional right-of-way costs will be obtained by thc CONSULTANT and included in the alternative~ analysis and comments made regarding potential property improvement impacts or taking. Task 6.02 Construction Costs "ORDER OF MAGNITUDE ':ESTIMATE" of the cost to construct thc improvements shall be prelxtred by the CONSULTANT and included in the alternatives analysis: Task 6.03 Capacity Analysis - Determine the travel lane and interso:tion level of service to the motorist in terms of volume to capacity ratios and de.sign speeds. Task 6.04 Prepare exhibits and assi::t in the preliminary Public lnfortnation Heari,'~g conducted by the OWNER. IaRSK 7.00_-.:_R_OADWAY PLANS The CONSULTANT shall furnish design services neces~u')' to perform project design and pre~xre construction plans and specifications in accordance with the intent of this 24 Agreement. Design activities shall be supported by design calculations properly identified as to subject and topic. Design reference, s and any assumptions shall be note"cl. Design calculations shall be bound in suilable booklet form, and the booklet sh~.ll be properly indexed as to content. Work prel:x,u'ed and/or submitted shall be reviewed, checked and certified by a professional engineer registered in Florida. "Fhc roadway construction plans shall tm complete in mope and detail, and shall be of simila.r content and format to the latest Florida Department of Transportation (FDO'D Standard Specifications and design standards. The plans shall include roadways, drainage structures, maintenance of traffic signing and paving markings, signal plans, lighting plans and incidental items. Plans shall be prepared at acceptable standards of draftsmamxhip in a manner to insure clarity and legibility of reproductions; the plans shall be provided on the following media: Ao Bond paper sheets 1'7 incites by 11 inches in size. Plans and Profiles at 1" equals 40' scale with borders and title blocks shall conform to current format. Intersection Details and Signalization Plans to bc drawn at a scale of 1" - 20'. Computcr Aided Dcsign drafting filcs (on 3.5" disks) of Autc~2AD Rclcasc 13 for Windows with Softdesk AutoCAD overlay Relearn 7.5 (for ra.~tcring). Thc plans arc to be submitted to the OWNER for their review and approval. In order for thc OWNER to monitor the project progress, the following submittal program will bc followed. Each submittal called for below shall be delivered with a transmittal letter signed by the CONSULTANT'S Project Manager stating that thc submittal paclo, gc is complete. Work will not proceed on the next submittal until written review commen~ from thc OWNEaR have been given to the CONSULTANT. The CONSULTANT will conduct project plans review with the OWNER at thc grades and geometries, basic plans, and detail plans completion stages. Each review shall be a verbal presentation supplemented with appropriate displays or other visual aids. Plans development at the respective submittal stages shall conform to the following: Task 7.01 GRADES AND O.F,O~~ (30% PLANS) Thc CONSULTANT shall submit to thc OWNER four (4) sets of full size (I 1" x 17") prints and one (1) set of double size prints (22" x 34" plans on 24" x 36" sheets) for review purposes. Thc plans shall depict existing topographical features, existing right-of-way and easement lines, and preliminary proposed right-of-way lines, proposed grades and proposed geometries, ar, d shall contain thc following: a. Key Map b. Back of Sidewalk Sheet c. Drainage maps depicting existing drainage arms, existing drainage structures, existing flow patterns, and proposed drainage patterns (I" =2oo'). d. Plan and Profile Sheets (1":40'). Task c. rypicaI Section Sheet f. Cross section sheets. Thc CONSULTANT shall submit a BUDGET ESI'IMATE of the cost of constr',cting the projcc:. Thc CONSULTANT shall submit to the OWNER four (4) sols of full size (I 1" ,x ~.'7") prints and one (1) sci of d~ouble size prin:$ (22" x 34" plan~ on 24" x 36" sheets) to the OWNER fee review. The submipuxl shall comply with any commcnts received on thc review of the §ra,4ezs and gcomctrics. Thc submittal shall contain thc following: a. Key Map b. Drainage Map c. Typical Section Sheets cl. Plan and Profile £hccts c. Drainage Structure Sheets f. Intersection Detail Sheets g. l,ntersection Profile Sheets h. [2tcral Ditch/Outfa!l Sheets i. Cross Section Sheets j. Prdiminary Design of Storm Water 'Fei:am'rant k. Drainage Tabulations Draft Maintenance of "l'raffic Plan m. Draft Bid Documcnt,s n. Dc.sign Documentation o. Up-dated Budget F_stimate ]~'~c submittal shall include all drainage calculations and other dc.sign do,:umcntafion. The CONSUI.TANT shall furnish certification that all utility conflicts have bc~n idcntifi,.xt and that all affc, cled utilities have bccn notified. Thc d~ft bid d(x:umcnts shall bc reviewed by thc OWNL:R for compliance with the OWNF. R'S purchasing manual, insurxnce requirements, and other regulations or requirements. '1t~¢ CONSULTANT shatl submit four (4) sets of full size: (1 l" x 17") prints and one (1) set of dou01e size print.,,~,.,.t°°" or. 34" plan:s on 24" x 36" sheet`s) prints to thc OWNER for review. The plans ~hall be complete construction plans and shall include the following: a. Key Map 26 168 b. Drainage Map c. Typical Section Sheet d. Summary of Quandty Sheet c. Summary of Drainage Structure f, Plan and Profile Sheets g, Miscellaneous Sheets h. Drainage Structures ,~hects i. Intersection Details and Profiles j. Lateral Ditch/Ouffall Sheets k. Cross Section Sheets 1. Completed Stormwater Treatment Design m. Maintenance of Traffic Plan n. Design Documentation o. Signalization Plan p. Street Lighting Plan q. Landscape Plan ~ILFFY R~I.,_QCATION PLAN~ The requirements of the various utility services shall be recognized and properly coordinated during thc project design. Thc CONSULTANT shall provide such representation and technical assistance as may be necessary for OWNER coordination and/or negotiation with utility owners or other public agencies affected by the proj~t. Utility adjustment plans shall be prepared on the roadway plans to show the propo.~xl utility locations when adjustment is required. The required utility adjustments will be designed by each utility and provided to the CONSULTANT by the affected utilities (water, sanitary .sewer, power, gas, eltx:trical, telephone, cablevision, etc.) on prints of rcxadway plans provided by the CONSULTANT after the basic plans review. Thc schedule contained herein is based upon receipt of the relocation design from the utilities within 90 days from submission of the basic plans to the utilities for their usc in showing their proposed adjustments. This work shall include the following: 'task 8.01 Utility Notification The CONSULTANT will send a letter to each utility company which may have facilities installed within the projc'ct corridor notifying them of the proposed project, asking them to submit plans of existing and proposed utilities and to submit their comments relative to the proposed roadway plans. Task 8.02 Approved basic plans will be sent to each utility company for their review requesting them to return plans showing additions or corrections to existing utilities and their proposed relocations where adjustments are necessary. 9 27 9 Task 8.03 Eir_, &iJli!j~ R eloc~ o n Upon rer. eipt of plans reviewed and approved by the utility comp,'mies within 90 days after written request is made, any additions ,'md/or corrections will bc made to the roadway plans. Utility axijustments provided by the utility companies will be shown in the CONSULTANT'S detail plans. CONSULTANT shall review the utility com?anies plans and notify the OWNER and utility companies of conflicts with thc roadway plans. T~I~%J~O_:_ KLQEIX:_QF -WA]CM The CONSULTANT shall be responsible for the complete preparation of Right-of-Way biaps. Task 9.0l L:qght-o f-Way The CONSUI.TANT shall be responsible for the complete preparation of preliminary and final Right-of-Way blaps for thc full length of thc project. Complete Right-of-Way Key Maps (1" =400) and Detail Maps (1"=40') shall be prepared in accordance with Florida Department of Transpomation (FDOT) Minimum Technical Standards as set forth by the Florida Board of Surveyors and Mappers, pursuant to Section 472.027, Florida Statutes, Task 9.02 [,.C~'tl Descriptions an0._Parccl Skctchcl A legal description and parcel sketch of each parcel required for Right-of -Way and/or constn~ction easement will be provided by the CONSULTANT. TASK 10.130 SIGNA[AZ2~EION PLAN~i The CONSULTANT shall furnish design services and prepare a complete set of construction pl,'ms for the modification of thc Signalization at the following intersections witk Goodlctte Road: (1) Pine Ridge Road, (2) Orange Blossom Drive, (3) Vandcrbilt Beach Road Extension. Thc signalization plans will consider future interconnection in the closed loop signal system. A traffic signal timing plan will be prepared for this interconnection. Plans will be submitted for review as follows. Task 10.01 ~ans Task 10.01.01 Signal modifications (3 intersections) The CONSULTANT shall submit to the OWNER two (2) sets of full size (11" x 17") prints of the preliminary plan for review. Plans will include: 28 16B 9 a. Plan sheet showing poles, signal h~ds, conLrollcrs, and loop locations. b. Copics of intersection dc:~ign volumes, recommended signal phasing, timing, and opacity analysis. These plans will be submitted with the 60% roadway plans. 'Task 10.02 Task 10.02.01 Signal modifications (3 intersections) The CONSULTANT shall prepare final signal plans submit them with the detail plans for review. TASK I.L.00 - SIGNIN.G The CONSULTANT shall furnish design sen'ices and prepare construction plans for tr'affic signing and pavement markings for the entire project. Final plans shall be submitted with the DemSl plans in accordance with OWNER specifications for review. TA S K 12.00 - _ST R F~F~T L Thc CONSULTANT shall furnish design ~/wices and prepare construction plans for the street lighting of thc existing roadway and intersections in conjunction with thc proposed construction. Final ptans shall be submitted with the detail plans for review. The CONSULTANT shall prepare permit applications, data and drawings required for submittal by the OWNER to local, state, and federal agencies and utility complies. For thc purpose of insuring the timcly approval of the permits ncccssary for thc construction of ~he project, the CONSULTANT shall schedule the nece:~sary contacts and liaison with the agencies having the permit jurisdiction over the project, and shall furnish ~uch plans, data, ,'md information as may be nec~...ssary to secure approval of the required permits. Agencies having permit jurisdiction may include, but are not limited to the Florida Department of Environmental Protection, South Florida Water Management District, the Florida Department of Transpor'uation and the U.S. Army Corps of Engineers. Drainage design shall include stormwater treatment and attenuation required to comply with the rules of the Florida Department of Environmental Protection (F.D.E.P) and the South Florida Water Management District (S.F.W.M.D). The CONSULTANT shall supply data reports required to support the proposed design. The CONSULTANT shall prepare requisite stormwater permit applications in accordance with Chapter 62- 29 25, REGULATION OF STORI~D, VA'I"E.R DISCHARGE, FLORIDA ADMINISTRATIVE CODE, and Chapters 40E-.4 a. nd 40E40 of S.F.W.M.D. for subrni~ion. This will consist of required evaluation, dc. sign, coordination a~'~d follow up work necessary to obtain final permits. The O~,'NF_..R will review the IX:trait applications as neces~try. Tile OWNER will review, sign and provide the ne. cexury permit application fees for each rco,fir~ permit. Thc OWNER will have a representative at all conferences between the CONSULTANT and the permitting agency, and shall be copied on all correspondence between the CONSULTANT and thc permitting agencies. The Coordination and Permitting process will be as follows: Task 13.01 ~~,l~'c rmittillg_Agr,.~k,~ Permitting agencies will be notified of the propomd project. A mecting will be held with persons from the agencies to review the proposed location in the field and to obtain their comments and areas of concern. Task 13.02 Task 13.03 P_.p,_r..m i t Aupli~qtion Permit application forms and supporting documents will be completed by thc CONSULTANT after receipt of the grades and geometries review and submitted to thc OWNER for their approval and thc CONSULTANT shall submit the applications to the appropriate agencies. ~rmit Revisions The CONSULTANT will meet with permitting agencies after rcccipt of thc basic plans review as required to respond to review comments, revise applications, if necessary, and submit additional material as requested and coordinated with the OWNER and permitting agencies to obtain approval of the permits. Requirements of permitting agencies shall be incorporated into final contract documents. TASK 14.00 - FINAL CONTI,',AC'T DOCUMEN/FS (100% PLANS) Once the detail plans have bccn approved by the OWNER for the entire project, a set of bid dc, cuments and a set of contract documents will be prepared for the construction of the improvements. The original plans, specifications, and "cost estimate" will be submitted to the OWNER. This task will include the following: Task 1.4.01 Final roadway plans, final signal plans, final signing and marking plans, final lighting plans, summary of all final quantities, and complete Order of Magnitude CONSTRUCTION ESTIMATE. 3o .tOO Task 14.02 Complete contract documents ready for bid including all forms, general conditions, and other material required by tl~ Cotli~ Cx~anty Purchasing Department and the Department of Admin~radve Ser,,4o:s. pn.wisions and other appropriate contract docun~cnt~ for incorporating [.'DOT specifications, U.S. Army Corps of Enginex:r~, FD'EP, and SFWMD permit requirements in the bid documents. Section 3.00 ~15 AISDJ'ttI~.fi.TA~O~ CONSTRUCTION 15.00 :~DVISORY SERVICF.~ Aftcr approval of construction plans, the CONSULTANT shall perform the following ]'ask 15.01 Provide the OWNER with six (6) sets of complete bid and contract documents. Task 15.0'2 Issue complete contract documents to all prospective bidders from the CONSULTANT'S office. A reasonable fcc may be charged to the prospective bidder for this service to cover costs of the CONSULTANT. Task 15.03 Assist the OWNER in sehcduling ,and presenting a Pre-Bid Conference. Task 15.04 Respond to Bidders inquiries. Task 15.05 Prepare addenda and, upon approval by the OWNER, issue addenda. Task 15.06 As.gist the OWNER in receiving and evaluating the bids and recommend award of the contract. 'Task 15.07 Attend a Pre-Construction Conference, provide assistance in conducting the meeting, answering questions, and providing necessary information. Section 4.00 Task 16.01 Site Visi~ The CONSULTANT shall make visits to the site at intervals appropriate to the various stages of construction to observe as an experienced and qualified design professional the progress and quality of the executed work of Contractor(s) and to determine, in general, if such work is 31 Task 16.02 proceeding in accordance with the contract documents. Such visits and observations are not intended to be exhaustive or to extend to every asl:xx:t of the work in progress, or to involve detailed inspections of the work beyond the responsibilities specifically assigned to CONSULTANT in tills Agreement, but rather are to be limited to spot checking, ~Icctive ~mpling and similar methods of general obsep,,ation of the work based on CONSUI.TAN'I"S c-crcise of professional judgment. Based on information obtained during such visits and such observations, CONSULTANT shall endeavor to determine in general if such work is proceeding in accordance with thc Contract Documcn~ and CONSULTANT shall keep OWNER informed o£ thc progress of the work. The purpose of the CONSULTANT'S visits at thc site will be to enable CONSULTANT to better carry out the duties and responsibilities assigned to ,'md undertaken by CONSULTANT during the Construction Phase, and, in addition, by the exercise of CONSULTANT'S efforts as an experienced and qualified design professional, to provide for OWNER a greater degree of confidence that the completed work of the Contractor will conform in general to the Contract Documents and that thc integrity of the design concept of the completed Project as a functioning whole as indicated in the Contract Documents has been implemented and preserved by Contractor. On the other hand, CONSULTANT shall not, during such visits or as a result of such observations of the Contractor's work in progress, supervise, direct or have control over Contractor's work nor shall CONSULTANT have authority over or responsibility for the means, methods, techniques, sequences or procedures of construction ~lected by Contractor, for safety precautions and programs incident to the work of Contractor or for any failure of Contractor to comply with laws, rulea, regulations, ordinances, codes or orders applicable to Contractor's furnishing and performing the work. Accordingly, CONSULTANT neither guarantees the performance of any Contractor nor assumes responsibility for any Contractor's failure to furnish and perform its work in accordance with the Contract Documents. Attend weekly progress meetings. A written report of each visit shall be prepared and submitted to thc OWNER within six (6) calendar days of the visit. Review, reject or approve shop drawings which each Contractor is required to submit, but only for conformance with the design concept of the project and compliance with the contract documents. Also, determine the acceptability, subject to OWNER approval, of substitute materials and equipment proposed by Contractors. Task 16.03 16B The CONSULTANT will respond to requests of the O~,~v~ER for nece. ssary n'dnor plan modifications, clarifications and interpretations of the contract documents. 9 Task 16.04 Task 16.05 Task 16.06 Participate with the OWNER in a pm-final inspection for the purpose of determining if the project is substantially complete, and participate with the OWNER's Representative in the prep,-'u'ation of a written "punch list" of all incomplele, defective or deficient items. Upon notice from thc OWNER's Representative, participate in a final inspection together with OWqq'ER and Contractor representatives to assure that all "punch list" items am completed and the work is indeed completed in accordance with all contract documents. permit Q:rtifications The CONSULTANT shall prepare and submit construction certification letters and documents to the South Florida Water Management District, Florida Department of Environmental Protection and COUNTY agencies for construction of the roadway improvements. Prepare record drawings delineating the dimensions, locations, elevations, etc. of all facilities as constructed. Provide the OWNER with four (4) ~ts of full size (11" x 17") prints and one (1) set of double size prints (22" x 34" plans on 24" x 36" sheets) on mylar of thc record drawings clearly marked "as builts". In preparing these drawings, the CONSULTANT will revise the original contract drawings utilizing information provided by the Contractor who will review the update "aa built" information periodically as the construction effort progresses. The CONSULTANT will perform field surveys to support the "aa built drawings" and said drawings shall be certified by a registered surveyor or engineer. Additional services may be requested by the OWNER in accordance with the Guidelines (Exhibit E). 16B SCI1EDUI. E B Date: lune i 9, 1997 -) For Goodlette - Frank Road Improvements from Pine Ridge Road to Vanderbilt Beach Road -Ext~sion (Collier County Project No. ~J.~). TASK I2El 1.00 1.01 1.02 1.03 1.O4 PUBLIC INVOLVEMENT Dcvcloprnent Partnering Program $ 10,250.00 Develop Public Informational Program $ 5,175.00 Prepare and Attend Partnering & Public Meetings $ 3,945.00 Evaluate and Rc'vi.~ Exhibits/Present to BCC L.Z,I2.O.iX) T~k No. 1.0O Sub Tot~l: $ 21,540.00 L~mp 2.00 2.01 2.02 2.03 2.04 ENGINEERING AND LAND SURVEYS Dc.sign Survey Aerial Photography Right-of-Way Survey Underground Utilities Task No. 2.00 Sub Total: 40,535.00 30,950.00 15,900.00 93,675.00 Lump Sum 3.00 3.01 GEOTECHNICAI. SERVICES Soil Boring:; and Laboratory Testing Task No. 3.00 Sub Total: S 25,006.00 l~unp,~ 4.00 4.01 4.02 4.03 4.04 TRAFFIC DNrA Develop Trifle (Factors) Dcttu'min~ lnter,,~'ction Signalization F_.stablish Typical Sections Establish At-Grade Inters~-fiona Geometry 'I'~k No. 4.00 Sub Total: $ 15,004.00 $ 1,770.00 s $ 24,625.0O Lump Sum 5.00 5.01 5,02 5.03 5.04 DEVELOP DESIGN ALTEKNATES Identify Aligrunent Controls F_stzblish Major Design Features F_zt ~lish Geometry Ds'Mi Design/,3ignments T~sk No. 5.00 Sub Total: 6,160.00 6,160.00 8,250.C)0 S 29,7G5.00 Lm~pS~m 6.00 6.01 6.02 6.03 6.04 PERFORM COMPARATIVE ANALYSIS Right-of-Way Costs - (Order ofMasnitude E~xirnale) S 4,130.00 Construction Costs - (Order ofMagnitude Estim~c) $ 4,330.00 Capacity Analysis - (Tmvd Lsnd and Intersection) $ 3,160.00 Prepare Exhibits - Public Infommtion Hearing $ 5.390.0~ T~k No. 6.00 Sub Torsi: $ 17,010.00 Lump S~am 7.00 7.01 7.02 7.03 8.00 8.01 8.02 8.03 9.00 9.01 9.02 10.00 10.01 10.02 RO/fi)WAY PLANS Grades and Geometries (30%) Basic Plans (60°/,) Detail Plans (90°/,) T~sk No. 7.00 Sub Total: UTILITY RELOCATION PLANS Utility Notification Utility Crx)rdination Final Utility Relocation Plans T~sk No. 8.00 Sub Total: RIGttT-OF-WAY MAPS Right-of-Way Maps (Preliminary & Final) Ixgal De~xiptions and Parcel Sketches Task No. 9.00 Sub Total: SIGNALIZATION PLANS Basic Plans Detail Plans T~k No. 10.00 Sub Tolal $ 38,000.00 $ 58,000.00 .$128.000.0Q $222,000.00 Lump Sum S 2,250.00 $ 3,000.00 '$ 14~250.00 Lump S om $ 14,930.00 $ $ 31,180.00 Lump Sam $ 26,143.00 ~_ 6.2J1~9 S 32,361.00 Lump S~m 35 16B 9 11.00 12,01 13.00 13.01 13.02 13.03 14.00 14.01 14.02 15.00 15.01 15.02 15.03 15.04 15.05 15.06 15.07 16.00POST 16.01 16.02 16.03 16.04 16.05 16.06 SIGNING AND MARKING PI.ANS $ T:uk No. 11.00 Sub Total: 16,220.00 Lump Sum STREET I.IGITrlNG PLANS Sires Lishting Plans Ta~k No. 12.00 Sub Total: $ 3,150.00 taunp Sam PER~ffl'S Initial Meeting with Pennitting Agencies Permit Applications Pennit Revisiom $ 3,200.00 $ 25,500.00 Task No. 13.00 Sub Total: S 42,200.00 L~mpS~m FINAL CONTRACT DOCUMENTS (100% PLANS) Final Plans $ 14,0C<).00 Final Documents Task No. 14.00 Sub Total: S 28,000.00 Lump Sum ADVISORY SF~VICES SLx (6) Sets Bid & Contract Documents Issue Complete Contract Documents Assig County with Pre-Bid Conference Respond to Bidders Inquirea Prepare Addenda and Issue Assist County w/Bids and Award Contract Attend Pre-Construction Conference 2,600.00 2,600.00 1,600.00 3,000.G0 3,000.00 1,600.00 1,600,00 Task No. 15.00 Sub Total: $ 16,000.00 Lamp Sum DESIGN SERVICES Site Visits Shop Drawings Clarifications Final Inspection Perrnit Certifications Record Drawings $ 14,000.00 $ 5,600.00 S 9,600.00 S 6,400.00 S 4,200.00 TAsk No. 16.00 Sub Total: S 48,200.00 Lump 2.00 Basic Design Ser¥iccs Crasks 1.00 - 14.00) $6cX),982.00 3.00 Ad,Story Services Cra.~ks 15.00) $ 16,000.00 4 00 Post Design Services (Task 16.00) [2~.~2k39~,.0~ GRAND TOTAL: $665,182.00 Lump Sum B.I.I. l.ump Sum Fees are understood and agreed to include all direct and indirect labor costs, personnel related costs, overhead and administrative costs, costs of sub-consultant(s) and/or sub- contractor(s), out-of-pocket expenses and costs, professional service fcc(s) and any other costs or expenses which may pertain to the services and/or work to be performed, provided and/or furnished by the CONSULTANT as may be required and/or necessary to complete each and every task set forth in the Scope of Professional Services, Schedule A. B.1.2. In no case shall the Lump Sum Fees on Schedule A be exceeded without a change in the scope of the project being approved by the Board of County Commissioners for Collier County Florida. B, 1.3. The portion of thc amount billed for CONSULTANT'S services which is on account of the Lump Sum Fees will be based upon CONSULTANT'S estimate of the proportion of thc total services actually completed at the time of billing. B. 1.4. Payments will be made for services rendered, no more than on a monthly basis, within thirty (30) days of submittal of an approvable invoice. The number of the purchase order by which authority the services have been made, shall appear on all invoices. All invoices shall be reasonably substantiated, identify the services rendered and must be submitted in triplicate in a form and manner required by OWNF. R. B. 1.5 Prior to authorization in writing by OWNER for CONSULTANT to perform thc Additional Services, pursuant to article two of the Professional Services Agreement, CONSULTANT and OWNER shall agree by contract amendment as to the hourly rate or lump sum payment to be made to CONSULTANT for such services. ~7 I~ROJECT $CI1EDUL~ $CI~.EDUL£ C D~t~: June 19, 19~7 9 PROJECT SCHEDULE DAY NO. Notice to Proceed 1 Design Study Due 120 30~A Plans 240 60% Plans 360 90% Plans 480 100% Plans 540 Schedule for Construction Services (Tasks 14 & 15) will be per the construction schcdulc to be determined at a later date~ 16B SCItED ULE D Da~e: Sune 19, 1997 9 ]~NSURANCE COVERAGE (l) The smounts and types of insurance coverage shall coafotm to the following minimum requirements with the use of Insurance Services Office (ISO) forms and endorsements or their equivalents. (2) The insurance required by this Agreement shall be written for not less than the limits Sl~cified herein or required by law, whichever is greater, (3) Coverages shall be maintained without interruption from the date of commencement of the work until the date of completion and acceptance of thc Project by the Owner or u specified in this Agreement, whichever is longer. (4) Certificates of insurance (3 copies) acceptable to the Owner shall be filed with the Owner within ten (10) calendar days sfter Notice of Award is received by Contractor/Consultant/ Professional. Such certificates shall contain a provision that coverages afforded under the policies will not be canceled or allowed to expire until at least thirty (30) days prior written notice h~ been given to the Owner. (5) All insurance coverages of the Contractor/Consultant/Professional shall be primary to any insurance or self insurance program carried by the Owner applicable to this Project. (6) The acceptance by Owner of any Certificate of Insurance does not constitut~ approval or agreement by thc Owner that the insurance requirements have been satisfied or that the insurance policy shown on the Certificate of Insurance is in compliance with the requirements of this Agreement. (7) Contractor/Consultant/Professional shall require each of its subcontractors to procure and maintain, until the completion of the subcontractotes work, insurance of the types and to the 39 limits specified in th~s Section unless such insurance requirements for the subcontractor are expressly w~ived in writing by the Owner. (8) Should at any time the Contractor/Consultant/Professional not maintain the insurance coverages required herein, the Owner may tcrmin,,tc thc Agreement or at its sole discretion shall be authored to purchase such coverages and charge the Contractor for such coverages purchased. The Owner shall be under no obligation to purchase such insurance, nor shall it be responsible for the coverages purchased or the insurance company or companies used. The decision of' the Owner to purchase such insurance coverages shall in no way be construed to be a waiver of' any of its rights under the Contract Documents. (9) If the initial, or any subsequently issued Certificate of Insurance expires prior to the completion of the Work or termination of the Agreement, the Contractor/ConsultamJ Professional shall furnish to the County, in triplicate, renew~ or replacement Certificate(s) of Insurance not later than thirty (30) calendar days prior to the da~,e of :heir expiration. Failure of the Contractor to provide the County with such 'renewal certificate(s) shall be considered justification for :he County to terminate the Agreement. WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY Required by this Agreement.'? (check one) X Yes __No (1) Workers' Compensation and Employers' Liability Insurance shall be maintained by the Contractor/Consultan'd Professional during the term of this Agreement for all employees engaged in the work under this Agreement in accordance with the laws of the State of Florida. The amounts of such insurance shall not be less than: a. Worker's Compensation - Florida Statutory Requirements b. Employers' Liability (check one) $1,000,000 Each Accident $500,000 Disease Aggregate $100,000 Disease Each Employee $1,000,000 Each Accident S t,OO0,0C~ Disease Aggregate $1,000,000 Disease Each Employee 9 (2) United States Longshoreman's and i larborsvorkefs Act coverage shall be maintained where applicable to the completion of the work. (check one) ~ Applicable X Not Applicable (3) Maritime Coverage (Jones Act) shall be maintained where applicable to thc completion of the work. (check one) Applicable X Not Applicable COIMMERCIAL GENERAL LIABILITY Required by this Agreement? (check one) ~ Yes __Ne (1) Commercial General Liability Insurance shall be maintained by the Contractor/Consultant/Professional. Coverage will include, but not be limited to, Bodily Injury, Property Damage, Personal Injury, Contractual Liability for this Agreement, Independent Contractors, Broad Form Property Damage including Completed Operations and Products snd Completed Operations Coverage. Products and Completed Operations coverage shall be maint~sined for a period of not less than five (5) years following the completion and acceptance by the. Ovrner of the work under this Agreement. Limits of Liability shall not be less tlum the following: (check one) __ General Aggregate Products/Completed Operations Aggregate Personal and Advertising Injury Each Occurrence Fire Damage $300,000 $300,000 $300,000 $300,000 $ 50,000 General Aggregate Products/Completed Operations Aggregate $500,000 $500,000 41 Personal and Advertising Injury Each Occurrence Fire Damage $500,000 $500,000 $ 50,000 16B 9 X General Aggregate Pxoduct~Completed Operations Aggregate Perr, onal and Advertising Injury Each Occurrence Fire Damage $ 1,000,000 $1,000,000 $1,000,000 $1,000,000 $ 50,000 (2) If the General Liability insurance required herein is issued or renewed on a 'claims made' basis, ss opposed to the "occurrence" form, the retroactive date for coverage shall be no later than the commencement date of the Project and shall provide that in the event of cancellation or non-renewal the Extended Reporting Period (Discovery Period) for claims shall be no less than three 0) years. (3) The Owner shall be named as an Additional Insured and the policy shall be endorsed that such coverage shall be primary to any similar coverage carried by the Ovmer. (4) Coverage shall be included for explosion, collapse or underground property damage claims. (5) Watercraft Liability coverage shall be carried at the limits shown above if applicable to the completion of' the work under this Agreement. (check one) ____ Applicable X__ Not Applicable (7) Aircraft Liability coverage shall be carried at limits of $2,000,000 each occurrence if applicable to the completion of the work under this Agreement. (check one) ___ Applicable X Not Applicable 42 PROPERTY INSURANCE- BUILDERS RISK 16B 9 (l) Property Insurznce - Builders Risk coverage shall be carried by the Owner if applicable. (chc. x:k one) ~ Applicable ._.,X._F,rot Applicable (2) The Owner shall purchase and maintain in a company or companies la,,v~lly authorized to do business in the State of Florida and in Collier County, property insurance in the amount of the initial Contract Sum as welt as subsequent modifications thereto for the entire Work at the site on a replacement cost basis without voluntary deductibles Such proper~y insurance shall be maintained, unless otherwise provided in the Contract Documents or otherwise agreed in writing by all persons and entities who are beneficiaries of' such insurance, until final payment has been made or until no person or entity other than the Owner has an insurable interest in the property required to be covered, whichever is earlier. This insurance shall include interests o£ the Owner, tile Contractor, Subcontractors, Sub-subcontractors and Material Suppliers in the Work. (3) Property insurance shall be on an all-risk policy form a~d shall insure against the perils of fire and extended coverage and physical loss or damage including, without duplication of coverage, theft, wind and hail, vandalism, malicious mischief, collapse, falsework, temporary buildings and debris removal including demolition occasioned by enforcement of any applicable legal requirements, and, at the Owner's option, shall cover reasonable compensation for Pro£essional's services and expenses required as a result of such insured loss. At the Owner's option, flood insurance will also be purchased. (4) The proper~y insurance provided by the Owner requires minimum deductibles and the Contractor shall pay costs not covered by tile deductibles. The responsibility of the Contractor For any deductible associated with the all-risk policy described above shall be limited to a maximum o£ $I,000 for each occurrence unless higher deductibles are identified in Exhibit C of the Contract Documents~ Thc responsibility of lhe Contractor for any deduc~.ible associated with the flood insurance identified herein, if' purchased by the Owner, shall be limited to ~ maximum ot' $1,000 for each occurrence unless higher deductibles are identified in Exhibit C of'the Contract Documents. (5) This property insurance st~all cover portions of the Work stored off the site after wrinen approval of thc Os,mcr at the value established in the approval, and also portions of the Work in uansit. (6) Boiler and Machinery Insurance. The Owner shall have the option of purchasing and maintaining boiler and machinery insurance requked by the Contract Documents or by law, which shall specifically cover such insured objects during installation ~d until final acceptance by thc Owner. If purchased this insurance shall include interests of thc Owner, Contractor, Subcontractors and Sub-subcontractors in thc Work. (7) Waivers of Subrogation. Tile Owner and Contractor waive all rights against '(l) each other and an), of their subcontractors, sub-subcontractors, agents and employees, each of the other, and (2) the Professional, Professional's consultants, for damages caused by fire or other perils to the extent covered by property insurance obtained pursuant to this or other property insurance applicable to the Work, except such rights as they have to proceeds of such insurance held by the Owner as fiduciary. The policies shall provide waivers of subrogation by endorsement or otherwise. (8) A loss insured under Owner's property insurance shall be adjusted by thc Owner as fiduciary and made payable to the Owner as fiduciary for the insureds, as their interests may appear. (9) If Builders Risk coverage is applical:le the Contractor shall be responsible for the following maximum deductibles per occurrence per p tragraph (3) above. (check one) All Risk Policy - $1,000 maximum de& ctible All Risk Policy - Maximum deductible ¢f$ Flood Policy - $I,000 maximum dedu :tible Flood Policy - Maximum deductible t iS · 16B 9' AUTOMOBILE LIABILITY INSURANCE F.~.'quircxl by tiffs Agreement? (check one.) X_Yes No (1) Automobile Liability Ins,: :anco shall I~ maintained by tM CoatractorlConsultant/'Professional for the ownersl ~p, maintenance or use of any owned, non-owned or hired vehicle with limits of not less than: (check one) Bodily Injury & Property Damage - $ 500,000 X Bodily Injury & Property Damage - $1,000,000 (2) The Owner shall be named as an Additional Insured under the policy. UMBRELLA LIABILITY (1) Umbrella Liability may be maintained as part of the liability insurance of the Contractor/Consultant/Professional and, if so, such policy shall be excess of the Employers' Liability, Commercial General Liability and Automobile Liability coverages required herein and shall include all coverages on a "following form" basis. (2) The policy shall contain wording to the effect that, in the event of the exhaustion of any tmderlying limit due to the payment of claims, the Umbrella policy will 'drop down' to apply as primary insurance. (3) The General A[~regate limit, if applicable, shall apply separately to this project and the policy shall be so endorsed. PROI"'ESSIONAL LIABILI'I~ INSURANCE Required by this Agreement? (check one) _ X Yes No (I) Professional Liability Insurance shall be v,aintained by the Con~ultant/'Pro£e~iona[ to insure its legal liability for claims arising out of the pe a~orrnance of professionxl services under thi~ Agreement. Such inmrance shall have limits of not lc' s than: (CHECK ONE) $ 500.000 each claim and in the agirt gate _.~_$1,000,000 c:~ch claim and in the %gregate $2,000,000 each claim and in the aggregate each claim and in the aggregate (2) Any deductible applicable to any claim shall be the sole responsibility of the Consultant/Professional and shall not be greater than $150,000 each claim. (3) Thc Consultant/Professional shall continue this coverage for this Project for a period of not less than five (5) years following completion and acceptance of the Project by the Owner. SC'IIEDUI,E E D~t~: June 19, 1997 In complianc~ with thc Consulters' Corrdctitiv¢ Negotiation Act, Section 287.055, Florida Statutes, lolm~on Engineering, Inc. here}" certifies tluR w'~ges, rates and other factu~ unit costs mpporting the compensation for thc basic services of the CONSULTANT to be provided under Professional Services Agreement, concerning Goodlett¢-Frank Road are accurate, complete ~md current ~s of the time of contracting, JOHNSO/N ENG]~Iq 'EER,ING, INC. Stcven K. Morrison, President Date: Jur~¢ 19. 1997 4'1 · 16B SCIIEDUL£ F Date: June 19. 1.997 9 pRQJEL-T[' GUID£1,1L~S ANI) F~;r (k)odlctte-Frank Road Improvements. (Limits of tl~ p~oject an: approximately 1,500' north of Vanderbilt Beach Road Extension on Goodlette-Frank Road ~d 1,500' south of Pine Ridge Road on Goodlette-Fraa~k goad). The OWNER has established the following Guidelines, Criteria, Goals, Objectives, ConstIlints, Schedule, Budget and/or Requirements which shall serve aa a ilulde to the CONSULTANT in performing the professional services and work to be provided pursuant to this Agrecme~lt: 1. The purpose of this document is to describe the Project in su.fficicnt detail that the CONSULTANT can prepare task descriptions and the basis of compensation for thc services in sufficient d¢~l to assure the OWNER that all a.nticipated tasks nccc.s.s.,'u'y and the corresponding compensation required have been identified and defined by the CONSULTANT. The services provided by' the CONSULTANT shall include all anticipated work ncccs~ry for the design and bidding phase of the project to ensure a complete, competently designed, and functional project. The services shall include all defined necessary studies and investigations, complete constructio,~ drawings, technical specifications, and contract docuracnts, including all known necessary engineering surveys, right-of-way surveys, and maps a,~d individual parcel survey plats and parcel descriptions, all necessary permits from state and federal agencies having jurisdictional authority over any aspect of the project. Should changes in design standards, scope of services, environmental regulations, and permitting requirements occur after execution of this agreement which substantially affect the effort required, compensation for additional effort will be negotiated. 2. The CONSULTANT will provide the construction plans and Right. of-Way maps for the widening of Goodlette-Frank Road from 2 lanes up to 4 or 6 limes. Final construction plans with respect to 4 or 6 lanes to be based on design study results. 3. T~sition of all proposed lanes, cros:s sections, profiles and horizontal layout to match existing conditions within the project limits. ,t. A drainage system shall be provided within the right-of-way to accommodate the design where fa~.sible. On and off-site stormwater run-off atienuation and treatment as required by permitting agencies shall be included in the design. Design sh,xll be in accordance with provisio~s of the County [.and Dc..,elopment Code and will be adequate :o meet permit or approval requirements for the governmental agencies having jurisdiction over this project, in force on the date the Agreement is 4~ 16B approved by the OWNER including, but not necessarily limited to U.S. Army Corps of Engineers, Florida Department of Environmental Protection, Florida Department of Natural Resources and South Florida Water Management District. Treatment of roadway run-off an(] prevention of erosion and siltgtion to adjacent areas during construction shall bt: provided, biitigation may be neccss, ary for wetlands area~ impacted by the roadway. Design to be ba"zd on the assumption that the OWNER c'm secure .~.ariances to the County Land Development Code The CONSUUrANT wilt prepare design alternatives, which result in a decision of right-of-way needs, design speed and road cross-sections. The wor~. will include an analysis of the existing cross-section to determine what portions are salvageable, if any. The OWNER will provide timely guidance to the CONSULTANT during this proces~ by using in-hou~ legal and right-of-way specialists to assist in decision making. The CONSULTANT shall consider in his schedule the impact of this activity. The CONSULTANT .,,.,ill provide planimetrics of the project area sufficient to define topographical details along the proposed roadway for a width of 300 feet either side of the Goodlette-Frank Road rights-of way. Provide one (1) set of blueline prints and one (1) reproducible copy of this survey. Improvements to maximize the safety and effectiveness of intersecting side streets [such as raised mcdians (curb and gutter), turn lanes, realignment, or expansions] within 1,500' of Gtxxtlctte-Frank Road. All roadway cross-sections and existing off-site tojx)graphy including driveway and street connection [x)ints vertical control to be from field surveys. 10. 11. 12. 13. 14. 15. The construction of this project is assumed to consist of one (1) contract. The design time for Task I through 14 including permit submittals is sch~uled for 365 calendar days (12 months). The project typical sections on Goodlette-Frank Road shall be detcrmin~ in the Design Study. Recommended u~ates, and additions to the OWNER'S Stand,'u'd Boiler Plate Contract documents shall be provided by the CONSULTANT to the OWNER for word processing. It is assumed that if environmental mitigation is required, it can be accomplished within the project's limits and/or adjacent to the right-of-way. Construction Services are based on a 365 day construction period. 9 49 RESOLUTION 97- 399 RESOLUTION OF TIlE BOARD OF COUNTY COMMISSIONERS, COIA.IER COUNTY, FI,ORIDA, APPROVING A FIRST AMENDMENT TO LEASE AGREEblENT BETWEEN COLLIER COUNTY AND CONGRESSM^N PORTER GOSS FOR TIlE CONTINUED UTII01ZAT1ON OF OFFICE SPACE WITIIIN TIIE ADMINISTRATION BUII.DING. WHEREAS, Congressman Porter Goss ("Congressman") desires to continue to lease an office space on the second floor of the Administration Building owned by Collier County, a political subdivision of the State of Florida ("Collier County"), in order to operate a United States §ovcmmcnt office. WItEREAS, the First Amendment to Lease Agreement provides options for two (2) additional terms of two (2) years each following the initial lease term of January 4, 1993. The amended termination date shall bc Janua~ 2, 1999, if thc options arc exercised. These dates reflect the Congressman's election tcrm. WHEREAS, thc Board of County Commissioners is satisfied that this property is required for thc Congressman's use m~d is not needed for County purposcs. NOW T}tEREFORE, BE 1T RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: I. Thc Board of County Commissioners does approve the attached First Amendment to Lease Agreement between Collier County and Congrcssm,'m Porter Goss, U.S. tlouse of Representatives. 2. The Chainmm of the Board of County Commissioners of Collier County, Florida, is hereby authorized to execute the attached Lease Agreement. This Rcsolution adopted this ,~/<,l.~r day of Q.~e.:Z.g?./~A_..-' , 1997 after motion, second and majority vote. ATTEST: DWIGtlT E. BRO~K,~lcrk / , D~uty'Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Approved as to form Assistant County Attorney AS TO THE LESSOR: CO k kl EI~°~. _b~_F. LO RIDA TIMOTIIY [~ HANCOCK, Chai~an Approved as to form and legal sufficiency: Assistant ~ounty Attorney FIRST AMENDMENT TO LEASE AGREEMENT 16D 2 l'tllS FIRST AMENDMENI' TO 1.EASE AGREEMENT entered into this,~,'-(, day ol'(,.~;('..F,*?,,'-',..~ , 1997 at Naples, Collier County, Florida by arid between Congressman Porter Goss whose mailing address is 3301 East Tamiami Trail, Administration Building, Naples. Florida 34I 12, hereinafter referred to as "LESSEE", and Collier County, a political subdivision of the State of Florida, whose mailing address is 3301 East Tamiami Trail, Naples. Florida 34112, hcrcinafler referred to as "LF. SSEE". W1TNESSETIt \VIIEREAS, the LESSEE and I.ESSOR have previously entered into a Lease Agreement dated November 16, 1993: \\'IlEREAS, thc LF. SSEE and I.ESSOR arc desirous of amending the Lease Agreement in order to rcflect the I.ESSF. E'S poJkical term; and NOW TItEREFORE, in considcratioo of thc covenants and ttgreemcnts provided within the said Lease Agreement dated November 16. 1993 and Ten Dollars ($10.00) and other valuable consideration, the said Lease Agreement is hereby amended as follows: Article 2 of the Lease Agreement is hereby deleted in its entirety and the following provision is substituted in its place: LESSEE shall have and hold the Demised Premises commencing on January 4, 1993 and terminating on January 2, 1995. If LESSEE'S political terms are extcnded, LESSEE is grantcd thc option, provided he is not in dcfault of any of thc terms of this Agrcement, to automatically renew same for two (2) additional lcrms of two (2) years each. reflecting LESSEE'S terms of office, under the terms and conditions as provided herein. Any holding over thc expiration of the tcrms of this Agreement with thc conscnt of LESSOR shall bc construed to be tenancy from month-to-month under the terms and conditions as provided herein, until such time as a new Lease Agreement can diligently be processcd by LESSOR for the new term. 2. Except as expressly provided herein, this l.case Agreement between Congressman Porter Goss and Collier County for utilization of thc premises dcscribcd in said Lease Agreement remains in full force and effect according to the terms and conditions contained therein, and said terms and conditions arc applicable hereto except as expressly provided ofilerwisc herein. IN WITNESS ~VItEREOF. tim I,ESSEE and I,ESSOR have hereto executed this First Amendment to Lease Agreement the day and year first above written. 'FO TIlE LESSEE: ...,.//..../-~ [~'[~es~i~namre) /') -C-- (X~N%RESSM~~;R GOSS (print nan,)~ (prml name) ~[~-OF'-FLOR IDA COU~W OF. ~,e foregoing t.case Agreement was acknowledged before me this 1997, by Congressman Porter Goss. who is ~rsonally ~no~ to as idcntilScation. (Signature of NoraD' Public) __ day of me or who has produced (Print name of Notary Public) NOTARY PUBLIC Serial Commission ~ My Commission Expires:. DISTRICT OFFICE LEASE ATTACHMENT 2 1. I,cssor and l~2~see agree that this DISTRICT OFFICE LEASE ATTACIIMENT (Attachment) is incorporated into and made n part ,f thc lease agreement fi)r Congressional district office space to which it is attached. 2. 14:ssor acknowledges that the liouse of Representatives is not responsible for the performance of thc lease agreement except as provided in paragTaph 8 of this Atta,nment, and Lessor agrees to h)ok solely to l,essce for performance of the lease agreement. 3. bessor acknowledges that the l{ouse does not disburse funds for advance payments or security deposits, and that payments made by the Chief Administrative Officer of the I{ouso on t~half of l~ssee will be sen~ to the [~ssor at the end of each month in satisfl, ction of each month's occupancy. ~ssor agrees that any payment by the Chief Administrative O~cer fi)r any period a~er this lease agreement has been terminated shall ~ refunded forthwith by ~ssor to the Chief Administrative Officer withaut fl~rmal demand. 4. The term of the lease agreement shall not exceed the shorter of two years or the constitutional term of the Congress to which the Member is elected. 5. The total dollar amount specified in the lease agreement shall not be varied by any filctor, cost of living clause, cleverer clause, escalator clause, or any oliver a(tjustment or measure during the term of the lease agTeemcnt. 6. l.essor agrees at its expense to maintain in good order the public and common areas of the building, and agrees to maintain, repair, or replace as needed, all structural and other components of the premises, including roof~, ceilings, walls, floors, windows, doors, fixtures and mechanical, plumbing and electrical systems and equipment serving the premises. 7. I.e.~sor agrees to ensure thc availability of premises wiring suitable for telecommunications and data transmi.-'sion ~22 to 26 AWG twisted pair of low capacitance). 8. In the event of the dentil, resignation, or removal from o~ce of t.essee, Lessm' hereby expressly gTants to the Clerk o1' tile lhmse thc right to contimm to occupy the premises under tim lease agreement fro' a period of tip to sixty (60~ days f~fllowing tile clectim~ of the l.cssve's successor, unless the Clerk elects tu terminate the lease agreement by giving tilirty {30) days written notice to I.essor. 9. The lease agreement and thin Attachment, and any termination notice given under the terms of the lease agreement, shall be sent t~l tile Office of Finance, 263 Cannon IIousc Office Building, Washington, D.C. 20515. Any portion of the lease agweement to which this Attachment is attached and any subsequent or additional agreements which are inconsistent with paragraphs 1 throogh 9 of this Attachment shall be of no force and effect to the extent of such inconsistency. IN WITNESS WHEREOF, the parties hereto have heeunt. p//~~d their seals. BOAR]? ~F~OUN_T.,Y ~2Q~IM ISS~ONERS, COLLIER COUNTy,r~ TIMOTHY L. HANCOCK, Chairman CONGRESSMAN PORTER GOSS .............. ............ ............ ....... ........ ............. ~I~ ~". '~f~ppmved pu~uant to the re,es ottne ~ommittee on s,ouae uve~ignt: D~put~,Clerk , ,, Signed Date DISTRICT OFFICE LEASE ATTACHMENT 16D 2 1, I~essor and Ix'ssee agree that this DISTRICT OFFICE I,EASE ATTACIIbIENT (Attachment) is incorporated into and made a part of the lease agreement for Congressional district office space to which it is attached. 2, I~essor acknowledges that the llouse or Repre~entatlves is not responsible for the performance or tho lease agreement except as provided in para~,n'nph 8 of this Attachment, and l,cssor ~grees to h)ok solely to l,essee for performance of the lease affree[nent. 3. l.cssor acknowledges that the ltouse does not disburse funds for advance payments or security deposits, and that payments made hy the Chief Administrative Officer of the lhmse on t~halfof l.essee will be sent to the Lessor at tile cad of each month in satisfl~ction of each month's occupancy. Lessor agrees that any payment by the Chief Administrative Officer for any period after this lease agreement has been terminated shall be refunded forthwith by Lessor to the ChiefAdministrative Officer without formal demand. 4. The term of the lease agreement shall not exceed the nhorter of two years or the constitutional term of the Congress to which thc Member ia elected. 5. The total dollar amount specified in the lease agreement shall not be varied hy any factor, cost of' living clause, elevator clause, escalator clause, or any other adjustment or measure during tile term uf thc lease agreement. 6. l,essor agrees at its expense to maintain in gt~ order the public and common areas of tile building, and agrees t,) maintain, repair, or replace as needed, ali structural and other cumponents or the premises, including roofs, ceilings, walls, floors, windows, d(z.'s, fixtures and mechanical, plumbing and electrical systems and equipment <vying the premises. 7. l~essor agrees to ensure the availability of premises wiring suitable for telecommunications and data transmission (22 to 26 AWG twisted pair of low capacitance). 8. in the event of the death, resignation, or removal from office of Lessee, Lessor hereby expressly grant& to the Clerk of the th)use tile right to continue to occupy the premises under the lease agreement for a period of up to sixty (60) days tbllowing tile election of thc l.cssce's successor, unless the Clerk elects to terminate the lease agreement by giving thirty 130) days written notice to l,essor. 9. The lease agreement and this Attachment, and any termination notice l~ven under tile terms of the Ica~e agreement, shall be sent to the Office of Finance, 263 Cannon House Office Building, Washington, D.C. 20515. tMLv portion of the lease agreement to which this Attachment is attached and any subsequent or additional agreements which are inconsistent wi~h paragraphs 1 through 9 of this Attachment shall be of no force and effect to the extent of such incon.aistency. BY: IN WITNESS WHEREOF, the parties hereto have hereunto ~J[i('~their seals. BOA~?3~' CC)lINTY CO~hMISSIONERS, COLLIER COUNTY, FL //~ /~F / .....-- .. .i-$3,, .... / (I~,,sor) /~Lcssee) TIMOTHY L,, H~NCOCK, Chairman CONGRESSMAN PORTER GOSS ~Uhl~ . ' ~' ~.... '. . ~fix;., '-i~--.. _..,~a, ~utticiencv..<,,,, · ---t~-?~ ............... ,~ ................. ,-.,-:~ ~ . --=.~ ........................................... OW1GtG :.~. BROCK..el ti**.: · ' ' Date GINI 160 SERVICE AGREEMENT BE"P, VEEN THE GOLDEN GATE FIRE CONTROL AND RESCUE DISTRICT AND TIlE BOARD OF COLLIER COUNTY COMMISSIONERS COI,LIER COUNTY, FLORlDA . This SERVICE AGREEMENT (Ag:cement) made this : /~-(-'day of ~~f._ , 1997, by and between the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, (hereinafter referred to as COUNTY), and the GOLDEN GATE FIRE CONTROL AND RESCUE DISTRICT. ~VtIERF, AS, pursuant to Collier County Ordinance 8.1-8-1, as amended, the Board of County Commissioners created the Collier County Fire Control Municipal Service Taxing Unit, ( hereinafter referred to as thc ".Collier County Fire Control District"); and V, qtEREAS, the Collier County Fire Control District, as created by Collier County Ordinance No. 84 - 84, as amended, include all of the unincorporated area of Collier County, Florida, that is not included within a dependent or independent fire control district; and WHEREAS, the GOLDEN GATE FIRE CONTROl, AND RESCUE DISTRICT has the necessary equipment and personnel, as described in fire departn~ent response procedures Exhibit "A" attached hereto and incorporated herein, to provide fire control, fire prevention and rescue services to sub-areas of the Collier Counly Fire Control District; and 9,qtEREAS, certain portions of thc District described above requires services; and Collier County Fire Control fire and rescue protection x, VItEREAS, the parties desire to enter into this Agreement under the authority of the Florida Intergovernmental Cooperation Act of 1969 (as amended), being Chapter 163.01,et.seq., for the lmrposc of most efficiently providi.g fire service and rescue service to those geographic areas and parts of the Collier County Fire Control District which are the subject of this Agreement. NOW, TItEREFORE, in consideration of the premises and covenants set out herein, and other valuable considerations in hand received this date, each party from the other, which is hereby acknowledged, the parties hereto agree :ts follows: The term of this Agreement shall be effective from October 1, 1997 to September 30, 1998, and, thereafter, shall be deemed extended year to year upon the same terms and conditions contained herein. This Agreement may be amended ns to its terms and conditions at any t;me by mutual consent of hoth parties, through a writing execnted with the same formalities as this Agreement by both parties. The (;OLDEN GATE FIRE CON'rRoI, AND RESCUE I)ISTIilCT agrees to furnish fire protection and rescue services, to a portion of the Collier County Fire Control District. The fire department responses ns described in Exhibit "A" shall lie deemed to establish the closest station response to calls service in the Collier County Fire Control District. The GOLDEN GATE. FIRE CONTROL AND RESCUI'; I)ISTRICT shall furnish said fire protection and rescue services within a primary zone of coverage within the Collier County Fire Control District, as well its in other zones of the Collier County Fire Control District, as required by procedure, or upon the request of the County or of other ('.,oilier County Fire Control I)istrict contract i~roviders. The Fire Chief of the GOI,I)EN GA'rE FIRE CONTROL AND RESCUE DIS'FRICT shall, in conjunction with the Chief of the County Deimrtment of Emergency Services and the other agency Fire Chiefs servicing the Collier County Fire Control District, forward to the County a map, indicating and confirming each agency's primary and secondary response zone within the Collier County Fire Control I)istrict. Said services shall be provided iu the same manner, level and priority :is the fire protection and rescue services furnished within the regular GOLI)EN GATE FIRE CONTROL AND RESCUE DISTRICT, taking into consideration the time, distance and resource limitations of the GOI,I)EN GATE FIRE CONTROL AND RESCUE DISTRICT. Thc COUNTY agrees to pay the GOLDEN GATE FIRE CONTROI, AND RESCUE DISTRICT for services rendered to a portion of the Collie,' County Fire Control District pursuant to the requirements of paragraph two above, from taxes collected during Fiscal Year 1997-1998. Payment shall lie calculated front the latest tax assessment rolls available May I't of each year of this Agreement. Available tax revenue is the total amount of taxes available for fire and rescue protection services after costs of collection have been deducted. Payment is to be paid on a qnarterly basis on January 1;April 1;July 1; and September 1. following formula: 16D Revenue and payment will be based on the Total ad valorem revenue for the Collier County Fire Control District less collection fees and administrative costs, less negotiated pa,-ment of 12.01% to the Isles of Capri Municipal Rescue and Fire Services Taxing District. The East Naples Fire Control and Rescue District, the Ochopee Fire Control District and the GoldenGat~ Fire Control and Rescue District shall each receive 29.33% of the remaining balance. Pa>qnents to the GOLDEN GATE Fire Control and Rescue District shall be made quarterly by the COUNTY on the following dates; .January 1, April 1, .July 1, anti September 1. 4. Both parties to this Agreement hereby agree to cooperate and participate in mutual programs and projects in the interest of firt: and rescue protection within the County of Collier, and with the Fire Marshall of the ~tate of Florida. 5. This Agreement may be terminated by either party by the sending and receipt of written notice of termination by the other party, on or before July 1't of each fiscal year. In the event that notice of termination is provided, it shall be effective beginning on the first day of October after delivered and received. Notice shall be considered sent and received if delivered to and' received hy the Collier County Emergency Services Chief, or the Fire Chief of the Golden Gate Fire Control and Rescue District. Notice maybe made by U.S. Mail, return receipt requested, or by hand delivery. 6. All Service Agreements, and amendments thereto, between the County and the GOLDEN GATE FIRE CONTROL AND RESCUE DISTRICT relating to the area previously termed the Collier County Fire Control District arc hereby rescinded and superseded. In WITNESS WIIEREOF , tl~e parties heret4x do hereby affix their hands :tad seals on thi:;~/.~2, day of (!.U.T,~[~t.t_ 1997. 3 Attest: Dated: Gene StaSh, Secretnry GOLDEN GATE FIRE CONTROL AND RESCUE DISTRICT Bob Mast, Chairman ATTESl: DWIGHT E. BROCK CLERK - t~ut$-.C, - -'-' ' '"":'-,i, ~' ' BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA nY:Timothy~ Hancoc Chnirman Approved as to for~n and // t , legal sufficiency: (~,~. Heidi Ashton Assistant County Attorney 160 EXHIBIT "A" FIRE DEPARTMENT RESPONSES TYPE OF SITUATION FIRST DUE PRIMARY SECOND DUE SHARED UNKNOWN SUBSTANCE EMERGENCY 1 ENGINE 1 RESCUE 1 COMMANDER ENGINE COMMANDER HIGH HAZARD BRUSH FIRE SEASON DIVISION OF FORESTRY 2 BRUSH UNITS OR 1 TANKER AND 1 BRUSH UNIT 1 COMMANDER 1 BRUSH UNIT 1COMMANDER OUTOFSEASON DIVISION OF FORESTRY 1 BRUSH UNIT OR 1 ENGINE AND 1 TANKER 1 COMMANDER NO RESPONSE VEHICLE ACCIDENT 1 RESCUE UNIT NO RESPONSE WITH WATER RESCUE CALL 1 RESCUE UNIT NO RESPONSE SMALL VEHICLE FIRE 1 ENGINE NO RESPONSE (CAR, PICK-UP) LARGE VEHICLE FiRE (TRUCK, RV, SEMI, OR UNKNOWN T~PE) 2 ENGINES OR 1 ENGINE AND 1 TANKER 1 COMMANDER 1 ENGINE OR 1 TANKER I COMMANDER STRUCTURE FIRE RESIDENTLAL 2 ENGINES OR 1 ENGINE AND 1 TANKER 1 COMMANDER 1 ENGINE OR 1 TANKER 1 COMMANDER COMMERCIAL STRUCTURE 2 ENGINES OR 1 ENGINE AND I TANKER 2 COMMANDERS 1 ENGINE OR 1 TANKER 2 COMMANDERS UNITS MAY BE SUBSTITUTED DUE TO TIME, DISTANCE AND RESOURCE LIMITATIONS OF THE PARTICIPATING AGENCY. COMMANDER: ANY OFFICER THAT HAS AUTHORITY FOR COMMAND. ~ATISFACTION OF LIEN FOR SER¥IC]~S OF T~E PUBLIC DEFENDER *** 2239866 OR: 2357 PG: 1785 *** letn: Cl$fllIR 1' FOR CLERK'S USE ONLY KNOW ALL MEN BY THESE PRESENTS that COLLIER COUNTY, FLORIDA, through its BOARD OF CO}~ISSIONERS, is the owner and holder of a certain lien againstz PEDRO MIGUEL (05/17/63) CASE NUMBER: 89 1624. IT for services of the Public Defender, bearing the date of the 5th day of May, 1993, recorded in office of the Clerk of the Circuit Court of Collier County, Florida, securing the principal sum of *~**TWENTY-FIVE AND 00/100~**********DOLLARS, under Final Judgement and Order recorded in Official Record book 1828, page 1560. The Board of County Commissioners of Collier County hereby acknowledges full payment and satisfaction of said lien, hereby surrenders the same as caaceled, and hereby directs that the Clerk of said Circuit Court cancel this lien of record. IN WITNESS WHEREOF, The Board of County Commissioners of Collier County, Florida, hereby directs that this Satisfaction of Lien be executed in its name by its Chairman. Executed this ~..,/~- day of ATTEST: ~/9~~c~ , 1997. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA B~: Timothy L. Hancock Chairman Approved as to form legal sufficiency Asslstaht County Attorney PREPARED BY: CLERK OF THE CIRCUIT COURT P.O. BOX 413044 NAPLES, FLORIDA 34101-3044 SATISFACTION OF LIEN FOR SERVICI~S OF TH~ PUBLIC DEFENDHR *** 2239867 OR: 2357 PG: 1786 *** R~CO~DID 1~ O~ICIA~ I~COD~ of CO~IIR CO~TT, ~ le~n: CASHIII FOR CLERK'S USE ONLY KNOW ALL MEN BY THESE PRESENTS that COLLIER COUNTY, FLORIDA, through its BOARD OF COMMISSIONERS, is the owner and holder of a certain lien againstz PEDRO MIGUEL (05/17/63) CASE NUMBERz 89 1622. IT for services of the Public Defender, bearing the date of the 3rd day of May, 1993, recorded in office of the Clerk of the Circuit Court of Collier County, Florida, securing the principal sum of ****TWENTY-FIVE AND 00/100"**********DOLLARS, under Final Judgement and Order recorded in Official Record book 1828, page 1559. The Board of County Commissioners of Collier County hereby acknowledges full payment and satisfaction of said lien, hereby surrenders the same as canceled, and hereby directs that the Clerk of said Circuit Court cancel this lien of record. IN WITNESS WHEREOF, The Board of County Commissioners of Collier County, Florida, hereby directs that this Satisfaction of Lien be executed in its name by its Chairman. Executed this J.,/.,~-' ~ day of ~~ , 1997. ATTEST: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIOA Hancock Chairman Approved as to form legal sufficiency nt County Attorney PREPARED BY: CLERK OF THE CIRCUIT COURT P.O. BOX 413044 NAPLES, FLORIDA 34101-3044 SATISFACTION OF LIEN FOR SERVICES OF T~E PUBLIC D~FENDER 010-~III0 *** 2239868 OR: 2357 PG: 1787 *** 11¢ III 16G 1 FOR CLERK'S USE ONLY KNOW ALL MEN BY THESE PRESENTS that COLLIER COUNTY, FLORIDa, through its BOARD OF COMMISSIONERS, ia the owner and holder of a certain lien againstx PAMELA ROBERTS NEWTON (10/10/61) CASE NUMBER: 94 4739, MMA for services of the Public Defender, bearing the date of the 24th day of October, !994, recorded in office of the Clerk of the Circuit Court of Collier County, Florida, securing the principal sum of HUNDRED TWENTY-ONE AND 00/100***********DOLLARS, under Final Judgement and Order recorded in Official Record book 1999, page 1230. The Board of County Commissioners of Collier County hereby acknowledges full payment and satisfaction of said lien, hereby surrenders the same as canceled, and hereby directs that the Clerk of said Circuit Court cancel this lien of record. IN WITNESS WHEREOF, The Board of County Con~issioners of Collier County, Florida, hereby directs that this Satisfaction of Lien be executed in its name by its Chairman. Executed this ATTEST: day o f tl~rk of Circ6it'Court BOARD OF COUNTY COMMISSIONERS COL_~ER COUNTY, FLORIDA BY~ Timothy I,. Hancock Chairman Approved as to form legal sufficiency Assi~stant Codnty Attorney PREPARED BY: CLERK OF THE CIRCUIT COURT P.O. BOX 413044 NAPLES, FLORIDA 3410]-3044 *** 2239869 OR: 2357 PG: 1788 *** I1¢01~10 ia O~II¢IIL I1COD$ 0[ COL~III COOl?I, IL le~n: CASHIII 1 ~ATISFACTION OF LIEI~ FOR ~RVICRS OF T~E PUBLIC DEFENDER ~10-~21110 FOR CLERK'S USE ONLY KNOW ALL MEN BY TItESE PRESENTS that COLLIER COUNTY, FLORIDA, through its BOARD OF COMMISSIONERS, is the owner and holder of a certain lien against: CECILIO PAZ (04/10/71) CASE NUMBER: 93 0031. CFA for services of the Public Defender, bearing the date of the 29th day of March, 1993, recorded in office of the Clerk of the Circuit Court of Collier County, Florida, securing the principal sum of ****SIXTY-TWO AND 50/100***********DOLLARS, under Final Judgement and Order recorded in Official Record book 1813, page 0399. The Board of County Commissioners of Collier County hereby acknowledges full payment and satisfaction of said lien, hereby surrenders the same as canceled, and hereby directs that the Clerk of said Circuit Court cancel this lien of record. IN WITNESS WHEREOF, The Board of County Commissioners of Collier County, Florida, hereby directs that this Satisfaction of Lien be .executed in its name by Executed. '.thJ. s...-~ ATTEST: ,.. :. ~1~,-- of Circui~ Cburt Approved as to form legal suf~tciency hs~Ist~nt County Attorney its Chairm~, day of ~~ , 1997. DOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Chairman PREPARED BY: CLERK OF THE CIRCUIT COURT P.O. BOX 413044 NAPLES, FLORIDA 34101-3044 *** 2239870 OR: 2357 PG: 1789 *** H¢O~OlD i~ O~FICIAL HCO~D$ of CO~[ll C01717~, ~ ~0/23/~7 at ll:n~ DVlG~ I. BIOCt. ~lll ~ATISFACTION OF LIEN FOR SERVICES OF THE PUBLIC DEFENDER 1110 FOR CLERK'S USE ONLY KNOW ALL MEN BY THESE PRESENTS that COLLIER COUNTY, FLORIDA, through its BOARD OF CO~{ISSIONERS, is the owner and holder of a certain lien against: JOSE NOE MONTEALVO (11/22/68) CASE NUMBER: 94 1607. CFA for services of the Public Defender, bearing the date of the 06th day of January, 1995, recorded in office of the Clerk of the Circuit Court of Collier County, Florida, securing the principal sum of ****FIFTY AND 00/100***********DOLLARS, under Final Judgement and Order recorded in Official Record book 2030, page ]198. The Board of County Commissioners of Collier County hereby acknowledges full payment and satisfaction of said lien, hereby surrenders the same as canceled, and hereby directs that the Clerk of said Circuit Court cancel this lien of record. IN WITNESS WHEREOF, The Board of County Commissioners of Collier County, Florida, hereby directs that this Satisfaction of Lien be · executed in its name by its Chairman. ~xecUted 'this .~/~.~y day of ~/ , 1997. ATTEST: ~le~k of C,ircuit Court BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: TimOthy L. Hancock Chairman Approved as to form legal sufficiency As ~is rantCbunty Attorney PREPARED BY: CLERK OF THE CIRCUIT COURT P.O. BOX 413044 NAPLES, FI~RIDA 34101-3044 *** 2239871 OR: 2357 PG: 1790 *** letn: 1 SATISFACTION OF LIEN · OR SE~ICBS OF THE PUBLIC DEFE~DER 610~3~1110 FOR CLERK' S USE ONLY KNOW ALL MEN BY THESE PRESENTS that COLLIER COUNTY, FLORIDA, through its BOARD OF COmmISSIONERS, is the owner and holder of a certain lien against: DANNY LYNN DANIELS (11/22/68) CASE NUMBER: 88 0316. CFA for services of the Public Defender, bearing the date of the 16th day of July, 1990, recorded in office of the Clerk of the Circuit Court of Collier County, Florida, securing the principal sum of *-**SEVENTY-FIVE AND 00/100-*-*'*''*''DOLLARS, under Final Judgement and Order recorded in Official Record book 1546, page 0573. The Board of County Commissioners of Collier County hereby acknowledges full payment and satisfaction of said lien, hereby surrenders the same as canceled, and hereby directs that the Clerk of said Circuit Court cancel this lien of record. IN WITNESS WHEREOF, The Board of County Commissioners of Collier County, Florida, hereby directs that this Satisfaction of Lien be executed in its name by its Chaiz~a.~ ATTEST: :' ~k of circuit fourt " BOARD OF COUNTY COM~ISSIONERS COLLIER COUNTY, FLORIDA BY: Tim6~y L. HancOck Chairman Approved 'as to form legal sufficiency Cbunty Attorney PREPARED BY: CLERK OF THE CIRCUIT COURT P.O. BOX 413044 NAPLES, FLORIDA 34101-3044 ~eCn: CXSUli! SATISFACTION O1~ LIEN FOR SERVICES OF TI1H PUBLIC DI~FENDER FOR CLERK'S USE ONLY KNOW ALL MEN BY THESE PRESENTS that COLLIER COUNTY, FLORIDA, through its BOARD OF COMMISSIONERS, is the owner and holder of a certain lien against: DANNY LYNN DANIELS (11/22/58) CASE NUMBER: 88 2330. TMC for services of the Public Defender, bearing the date of the 16th day of July, 1990, recorded in office of the Clerk of the Circuit Court of Collier County, Florida, securing the principal sum of ****T~LVE AND 50/100******.****DOLLARS, under Final Judgement and Order recorded in Official Record book 1545, page 0486. The Board of County Commissioners of Collier County hereby acknowledges full payment and satisfaction of said lien, hereby surrenders the same as canceled, and hereby directs that the Clerk of said Circuit Court cancel this lien of record. IN WITNESS WIIEREOF, The Board of County Commissioners of Collier County, Florida, hereby directs that this Satisfaction of Lien be executed in its name by its Chairman. Executed..this ~__day of ATTEST: ' ' ~.l. eri~' of Circu$~ Court Approved as to form legal sufficiency A~si~i-.ant C6Unty Attorney ~~-(_~ , 1997. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Chairman PREPARED BY: CLERK OF THE CIRCUIT COURT P.O. BOX 413044 NAPLES, FLORIDA 34101-3044 *** 2239873 OR: 2357 PG: 1792 *** tet~: ~ATISFACTION OF LIEN FOR SERVICES OF T~E PUBLIC DEFENDER FOR CLERK'S USE ONLY KNOW ALL MEN BY THESE PRESENTS that COLLIER COUNTY, FLORIDA, through its BOARD OF COMMISSIONERS, is the owner and holder of a certain lien againstz JOSE BARRINTEZ (12/11/68) CASE NUMBER: 95 4162. MMA for services of the Public Defender, bearing the date of the 23rd day of May, 1995, recorded in office of the Clerk of the Circuit Court of Collier County, Florida, securing the principal sum of ****TWENTY-FIVE AND 00/100***********DOLLARS, under Final Judgement and Order recorded in Official Record book 2064, page 1673. The Board of County Commissioners of Collier County hereby acknowledges full payment and satisfaction of said lien, hereby surrenders the same as canceled, and hereby directs that the Clerk of said Circuit Court cancel this lien of record. IN WITNESS WHEREOF, The Board of County Commissioners of Collier County, Florida, hereby directs that this Satisfaction of Lien be 'executed in its name by its Chairman. Executed this ~/.;61~-- day of ATTEST: Cl~rk of Circuit Court 1997. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY x Tim~{thy L. Hancock Chaiz~an Approved as to form legal 9ufficiency ASs'istant Cbunty Attorney PREPARED BY: CLERK OF THE CIRCUIT COURT P.O. BOX 413044 NAPLES, FLORIDA 34101-3044 HC 111 lttn: C~$[I11 SATISF~C~IOH OF LIB I'OR SBI~CBS OF T~ PUBLIC DBFB~BR FOR CLERK'S USE ONLY KNOW ALL MEN BY THESE PRESENTS tha~ COLLIER CO~TY, F~RIDA, through its BO~D OF CO~ISSIONERS, is the o~r and holder of a certain lien againstt ELLEN ELIZABETH ~LTON (10/20/50) CASE NUMBER: 97 1094. MMA for services of the Public Defender, bearing the date of the 21st day of May, 1997, recorded in office of the Clerk of the Circuit Court of Collier County, Florida, securing the principal sum of ****TWENTY-FIVE AND 00/100***********DOLLARS, under Final Judgement and Order recorded in Official Record book 2320, page 2552. The Board of County Commissioners of Collier County hereby acknowledges full payment and satisfaction of said lien, hereby surrenders the same as canceled, and hereby directs that the Clerk of said Circuit Court cancel this lien of record. IN WITNESS WHEREOF, The Board of County Commissioners of Collier County, Florida, hereby directs that this Satisfaction of Lien be executed in.its name by its Chairman. Exoeuted this ~./~E~- day of ATTEST: Clerk of Circuit Court ~.~~ ., 1997. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Chairman Approved as to form legal sufficiency A~istant Cdunty Attorney PREPARED BY~ CLERK OF THE CIRCUIT COURT P.O. BOX 413044 NAPLES, FLORIDA 34101-3044 SATISFACTION OF LIEN FOR SERVICES OF THE PUBLIC DEFENDER *** 2239877 OR: 2357 ?G: 1796 CAS~I!! 16G 1 FOR CLERK'S USE ONLY KNOW ALL MEN BY THESE PRESENTS that COLLIER COUNTY, FLORIDA, through its BOARD OF COMMISSIONERS, is the owner and holder of a certain lien againstz ELLEN ELIZABFTH CARLTON (10/20/50) CASE NUMBER: 97 1094. MMA for services of the Public Defender, bearing the date of the 21st day of May, 1997, recorded in office of the Clerk of the Circuit Court of Collier County, Florida, securing the principal sum of ****TWENTY-FIVE AND 00/100***********DOLLARS, under Final Judgement and Order recorded in Official Record book 2320, page 2552. The Board of County Commissioners of Collier County hereby acknowledges full payment and satisfaction of said lien, hereby surrenders the same as canceled, and hereby directs that the Clerk of said Circuit Court cancel this lien of record. IN WITNESS WHEREOF, The Board of County Commissioners of Collier County, Florida, hereby directs that this Satisfaction of Lien be executed in,its name by its Chairman. Executed this ~./~ day of ~ , 1997. ATTEST: .' dlefk of "Circuit Court BOARD OF COUNTY COtiMISSIONERS COLLIER COUNTY, FLORIDA y Chairman Approved as to form legal sufficiency Asbistant Cdunty Attorney PREPARED BY~ CLERK OF THE CIRCUIT COURT P.O. BOX 413044 NAPLES, FLORIDA 34101-3044 SATISFACTION OF LIEN FOR SERVICES OF THE PUBLIC DEFENDER JlO,.,~ 1110 *** 2239878 OR: 2357 PG: 1797 *** U~IlII 16G 1 FOR CLERK'S USE ONLY KNOW ALL MEN BY THESE PRESENTS that COLLIER COUNTY, FLORIDA, through its BOARD OF COMMISSIONERS, is the owner and holder of a certain lien againstl PABLO AVILES (04/28/60) CASE NUMBER: 97 6361. for services of the Public Defender, bearing the date of the llth day of August, 1997, recorded in office of the Clerk of the Circuit Court of Collier County, Florida, securing the principal sum of ****TWENTY-FIVE AND 00/100*******.***DOLLARS, under Final Judgement and Order recorded in Official Record book .2340, page 1812. The Board of County Commissioners of Collier County hereby acknowledges full payment and satisfaction of said lien, hereby surrenders the same as canceled, and hereby directs that the Clerk of said Circuit Court cancel this lien of record. IN WITNESS WHEREOF, The Board of County Commissioners of Collier County, Florida, hereby directs that this Satisfaction of Lien be · executed in its name by its Chairman. ATTEST: of circui Court (~~j _, 1997. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY z Hancock Cha i rrna n Approved as to form legal sufficiency Assistant Cdunty ~ttorney PREPARED BY: CLERK OF THE CIRCUIT COURT P.O. BOX 413044 NAPLES, FLORIDA 34101-3044 "~ATISFACTION OF LIEN FOR SERVICES OF THE PUBLIC DEFENDER 010~21110 /I 2239879 OR: 2357 PG: 1798 *** 16G 1 FOR CLERK'S USE ONLY KNOW ALL MEN BY THESE PRESENTS that COLLIER COUNTY, FLORIDA, through its BOARD OF COt~ISSIONERS, is the owner and holder of a certain lien againstl GARTH A BROWN AKA GARTH ANTHONY BROWN (01/07/551 CASE NUMBER~ 93 4558. MMA for services of the Public Defender, bearing the date of the 25th day of August, 1997, recorded in office of the Clerk of the Circuit Court of Collier County, Florida, securing the principal sum of ****TWENTY-FIVE AND 00/100***********DOLLARS, under Final Judgement and Order recorded in Official Record book 2344, page 1107. The Board of County Commissioners of Collier County hereby acknowledges full payment and satisfaction of said lien, hereby surrenders the same as canceled, and hereby directs that the Clerk of said Circuit Court cancel this lien of record. IN WITNESS WHEREOF, The Board of County Commissioners of Collier County, Florida, hereby directs that this Satisfaction of Lien be · executed in its name by its Chairman. Executed'this ~/~ ATTEST: '. C Circuit Court Approved as to form legal sufficiency Assistant ~ounty Attorney day of ~, ,, 1997. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA y L. Chairman PREPARED BY~ CLERK OF THE CIRCUIT COURT P.O. BOX 413044 NAPLES, FLORIDA 34101-3044 2239874 OR: 2357 PG: 1793 *** 16G 1 ~ATISF;~ION OF LIEN ~OR SERVICES OF THE PLq~LIC DEFENDER ~1110 FOR CLERK'S USE ONLY KNOW ALL MEN BY THESE PRESENTS that COLLIER COUNTY, FLORIDA, through its BOARD OF COMMISSIONERS, is the owner and holder of a certain lien against~ DEE ANN CLARK (11/15/60) CASE NUMBER: 94 1757. CFA for serwices of the Public Defender, bearing the date of the 27th day 'of Juno , 1995, recorded in office of the Clerk of the Circuit Court of Collier County, Florida, securing the principal sum of ****ONE HUNDRED SEVENTY-FIVE AND 00/100***********DOLLARS, under Final Judgement and Order recorded in Official Record book 2077, page 2198. The Board of County Commissioners of Collier County hereby acknowledges full payment and satisfaction of said lien, hereby surrenders the same as canceled, and hereby directs that the Clerk of said Circuit Court cancel this lien of record. IN WITNESS WHEREOF, The Board of County Commissioners of Collier County, Florida, hereby directs that this Satisfaction of Lien be executed in its name by its Chairman. Executed thi~" ~/~-2~ day of ~/~ , 1997. ATTEST: ' Cl6rk of circuit court BOARD OF COUNTY COMMISSIONERS Chairman Approved as to form legal sufficiency Asszstant Cohnty Attorney PREPARED BY: CLERK OF THE CIRCUIT COURT P.O. BOX 413044 NAPLES, FLORIDA 34101-3044 SATISFACTION OF LIEN FOR SERVICES OF THE PUBLIC DEFENDER ~10-3;21110 *** 2239875 OR: 2357 PG: 1794 IICOI~D in O~IC1AL 11¢0~$ o[ CO~LII! 1Q/23/{? aL ll:4li~ DWlGil I. BlO~l, 1I¢ Ill i.lO 160 1 FOR CLERK'S USE ONLY KNOW ALL MEN BY THESE PRESENTS that COLLIER COUNTY, FLORIDA, through its BOARD OF COMMISSIONERS, is the owner and holder of a certain lien againstl JOSE NOE MONTEALVO AKA JOSE NOR ~4~TINEZMCNTEAL%T) (11/22/68) CASE NUMBER~ 97 0721 MMA for services of the Public Defender, bearing the date of the 15th day of May, 1997, recorded in office of the Clerk of the Circuit Court of Collier County, Florida, securing the principal sum of *~**ONE HUNDRED AND 00/100***********DOLLARS, under Final Judgement and Order recorded in Official Record book 2320, page 2442. The Board of County Commissioners of Collier County hereby acknowledges full payment and satisfaction of said lien, hereby surrenders the same as canceled, and hereby directs that the Clerk of said Circuit Court cancel this lien of record. IN WITNESS WHEREOF, The Board of County Commissioners of Collier County, Florida, hereby directs that this Satisfaction of Lien be e'xecuted in its name by its Chairman. Executed this ~/~ day of .... ~L.~~ , 1997. A~TEST: Cledk of Circuit Court BOARD OF COUNTY CO~MISSIONERS BYI Timothy L. Hancock Chairman Approved as to form legal sufficiency PREPARED BY: CLERK OF THE CIRCUIT COURT P.O. BOX 413044 NAPLES, FLORIDA 34101-3044 2239876 OR: 2357 PG: 1795 *** 168 1 SATISFACTION OF LIEN FOR $~RVICES OF T[~E PUBLIC DEFENDER FOR CLERK'S USE ONLT KNOW AI,L MEN BY THESE PRESENTS that COLLIER COUNTY, FLORIDA, through its BOARD OF COMMISSIONERS, is the owner and holder of a certain lien against ~ PEDRO CASAS AKA PEDRO CASAS JR (03/31/77) CASE NUMBER: 97 1666. MMA for services of the Public Defender, bearing the date of the 6th day of May, 1997, recorded in office of the Clerk of the Circuit Court of Collier County, Florida, securing the principal sum of · ce*TWENTY-FIVE AND under Final Judgement and Order recorded in Official Record book 2315, page 3007. The Board of County Commissioners of Collier County hereby acknowledges full payment and satisfaction of said lien, hereby surrenders the same as canceled, and hereby directs that the Clerk of said Circuit Court cancel this lien of record. IN WITNESS WHEREOF, The Board of County CoMmissioners of Collier County, Florida, hereby directs that this Satisfaction of Lien be · executed in its name by its Chairman. Executed this '~.?~ day of ~~., 1997. BOARD OF COUNTY COMMISSIONERS CO~I~R COUNTY, FLORIDA BY~ Timothy L. Hancock Chairman Approved as to form legal sufficiency Assistant Codnty Attorney PREPARED BY: CLERK OF THE CIRCUIT COURT P.O. BOX 413044 NAPLES, FLORIDA 34101-3044 ~ATISFACTION OF LIEN FOR SHR¥ICES OF TIIK PUBLIC DEFENDKR 010%~21110 *** 2239880 OR: 2357 PG: 1799 *** UC III CA$~Iii 16G 1 FOR CLERK'S USE ONLY KNOW ALL MEN BY THESE PRESENTS that COLLIER COUNTY, FLORIDA, through its BOARD OF COMMISSIONERS, is the owner and holder of a certain lien against~ WENDY J BULLOCK (02/28/64) C~SB NUMBER~ 97 0726. MMA for services of the Public Defender, bearing the date of the 16th day of April, 1997, recorded in office of the Clerk of the Circuit Court of Collier County, Florida, securing the principal sum of ****FIFTY AND 00/100***********DOLLARS, under Final Judgement and Order recorded in Official Record book 2309, page 3374. The ~oard of County Commissioners of Collier County hereby acknowledges full payment and satisfaction of said lien, hereby surrenders the same as canceled, and hereby directs that the Clerk of said Circuit Court cancel this lien of record. IN WITNESS WHEREOF, The Board of County Commissioners of Collier County, Florida, hereby directs that this Satisfaction of Lien be executed in its name by its Chairman. Exeanted' this day of ATTEST: .. ~I'erk of, Circuit Court ~z~JJ-~ , 1997. BOARD OF COUNTY COMMISSIONERS CO__~.ER COUNTY, FLORIDA ~Y. T~mothy L. Hancock Chairman 1%~r~ as to form legal sufficiency Asszstant Count:¥ Attorney PREPARED BY~ CLERK OF THE CIRCUIT COURT P.O. BOX 413044 NAPLES, FLORIDA 34101-3044 ~ATISF~TION OF LIEN FOR SRRVICES OF THE P%r~LIC DEFI~NDER ~10,~1110 *** 2239881 OR: 2357 PG: 1800 16G 1 FOR CLERK'S USE ONLY KNOW ALL MEN BY TBESE PRESENTS that COLLIER COUNTY, FLORIDA, through its BOARD OF COMMISSIONERS, is the owner and holder of a certain lien against: ORLANDO GARCIA (04/10/74) CASE NUMBER 97 6360. MMA for services of the Public Defender, bearing the date of the 26th day of Augllst, 1997, recorded in office of the Clerk of the Circuit Court of Collier County, Florida, securing the principal sum of +***FORTY AND under Final Judgement and Order recorded itl Official Record book 2344, page 1108. The ~oard of County Commissioners of Collier County hereby acknowledges full payment and satisfaction of said lien, hereby surrenders the same as canceled, and hereby directs that the Clerk of said Circuit Court cancel this lien of record. IN WITNESS WHEREOF, The Board of County Commissioners of Collier County, Florida, hereby directs that this Satisfaction of Lien be executed in its name by its Chairman. Executed.this., ~_/.~- .day of ATTEST ~ ',' · ~i-ezrk of Circui% C~urt Approved as to form legal sufficiency ~/~~ , 1997 . BOARD OF COUNTY COMMISSIONERS CO~...R COUNTY, FLORIDA B~i Tt'~'thy fi. HancoCk Chairman PREPARED BY: CLERK OF THE CIRCUIT COURT P.O. BOX 413044 N;YPLES, FLORIDA 34101-3044 SATISFACTION OF FOR S~R~JICK$ OF THK PUBLIC DKFENDER *** 2239882 OR: 2357 PG: 1801 16G .L FOR CLERK'S USE ONLY KNOW ALL MEN BY THESE PRESENTS that COLLIER COUNTY, FLORIDA, through its BOARD OF CO44MISSIONERS, is the owner and holder of a certain lien again~t~ ALEJANDRO ECH~VARIA HERNANDEZ AKA ALEJANDRO CH H~RRANDEZ (03/21/60) CASE NUMBERs 96 8782'MMA for services of the Public Defender, bearing the date of the 28th day of July, 1997, recorded in office of the Clerk of the Circuit Court of Collier County, Florida, securing the principal sum of · **-TWENTY-FIVE AND 00/100******-****DOLlaRS, under Final Judgement and Order recorded in Official Record book 2338, page 1284. The Board of County Commissioners of Collier County hereby acknowledges full payment and satisfaction of said lien, hereby surrenders the same as canceled, and hereby directs that the Clerk of said Circuit Court cancel this lien of record. IN WITNESS WHEREOF, The Board of County Commissioners of Collier County, Florida, hereby directs that this Satisfaction of Lien be ekecuted.~9 its name by its Chairman. ' :.~i ,~ / ATTEST: Clerk of Ci..rCuit Court BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Chairman Approved as to form legal sufficiency Assistant County Attorney PREPARED BY: CLERK OF TItE CIRCUIT COURT P.O. BOX 413044 NAPLES, FLORIDA 34101-3044 ~ATISFACTION OF LIEN FOR SERVICES OF TBE PUBLIC DEFENDER *** 2239883 OR: 2357 PG: 1802 *** 11¢ 711 CA,HIll 1 FOR CLERK'S USE ONLY KNOW ALL MEN BY THESE PRESENTS that COLLIER COUNTY, FLORIDA, through its BOARD OF COMMISSIONERS, is the owner and holder of a certain lien against: MAKEBA RENEE ROBINSON (12/28/78) CASE NUMBER: 97 6415. MMA for services of the Public Defender, bearing the date of the 26th day of August, 1997, recorded in office of the Clerk of the Circuit Court of Collier County, Florida, securing the principal sum of ~***FORTY AND 00/100****-******DOLLARS, under Final Judgement and Order recorded in Official Record book 2344, page 1109. The Board of County Commissioners of Collier County hereby acknowledges full payment and satisfaction of said lien, hereby surrenders the same as canceled, and hereby directs that the Clerk of said Circuit Court cancel this lien of record. IN WITNESS WHEREOF, The Board of County Commissioners of Collier County, Florida, hereby directs that this Satisfaction of Lien be executed in its name by its Chairman. ATTEST: Clerk of cite'hit Court A~ro~ed as to form legal su f~ iciency AssiStant County Attorney 1997. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: TimOthy L. Hancock" Chairman PREPARED BY: CLERK OF THE CIRCUIT COURT P.O. BOX 413044 NAPLES, FLORIDA 34101-3044 SATISFACTION OF LIEN FOR SERVICES OF THE PUBLIC DEFENDER 810-,~1110 *** 2239884 OR: 2357 PG: 1803 *** Cl$1III 16¢ 1 FOR CLERK'S USE ONLY K}IOW ALL MEN BY THESE PRESENTS that COLLIER COUNTY, FLORIDA, through its BOARD OF COMMISSIONERS, is the owner and holder of a certain lien againstz JOSEPH WALTERS (10/26/25) CASE NUMBER: 96 9293. MMA for services of the Public Defender, bearing the date of the 22nd day of November , 1996, recorded in office of the Clerk of the Circuit Court of Collier County, Florida, securing the principal sum of ****TWENTY-FIVE AND 00/100*****-*****DOLLARS, under Final Judgement and Order recorded in Official Record book 2256, page 0923. The Foard of County Commissioners of Collier County hereby acknowledges full payment and satisfaction of said lien, hereby surrenders the same as canceled, and hereby directs that the Clerk of said Circuit Court cancel this lien of record. IN WITNESS WHEREOF, The Board of County Commissioners of Collier County, Florida, hereby directs that this Satisfaction of Lien be executed in its name by its Chairman. Executed this ~-J~ day of ATTEST: , o ~l"r/of Circuit Court 1997. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: TimOthy L. Hancock Chairman A~isroved as to fo~ legal sufficiemcy ~S~County Attorney PREPARED BY: CLERK OF TIlE CIRCUIT COURT P.O. BOX 413044 NAPLES, FLORIDA 34101-3044 SATISFACTION OF LIEN FOR SERVICES OF THE PUBLIC DE?ENPER *** 2239885 OR: 2357 PG: 1804 Ii¢OL~ID In O~I~2AL II~IU)$ 0{ ~)LL~IX c~,~rrr, FOR CLERK'S USE ONLY KNOW ALL MEN BY THESE PRESENTS that COLLIER COUNTY, FLORIDA, through its BOARD OF COF~ISSIONERS, is the owner and holder of a certain lien against~ LUIS SANTOS (05/19/52) CASE NUMBER: 95 524 CFA for services of the Public Defender, bearing the date of the 25th day of June, 1996, recorded in office of the Clerk of the Circuit Court of Collier County, Florida, securing the principal sum of e-e-FIFTY -FIVE AND 00/1OO********DOLLARS, under Final Judgement and Order recorded in Official Record book 2208, page 972. The ~oard of County Commissioners of Collier County hereby acknowledges full payment and satisfaction of said lien, hereby surrenders the same as canceled, and hereby directs that the Clerk of said Circuit Court cancel this lien of record. IN WITNESS WHEREOF, The Board of County Commissioners of Collier County, Florida, hereby directs that this Satisfaction of Lien be executed in its name by its Chairman. Executed this ._~c~/.,~:~'~ day of ATTEST: Clerk of'Circuit/CoUrt 1997. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: Timothy L. Hancock Cha irma n Af~rov~d as to legal sufficiency AssiStant County Attorney PREPARED BY: CLERK OF THE CIRCUIT COURT P.O. BOX 413044 NAPLES, FLORIDA 34101-3044 SATISFACTION OF LIEN FOR SERVICES OF THE PUBI, IC DEFENDER *** 2239886 OR: 2357 PG: 1805 FOR CLERK'S USE ONLY 1 KNOW ALL MEN BY THESE PRESENTS that COLLIER COUNTY, FLORIDA, through its BOARD OF COmmISSIONERS, is the owner and holder of a certain lien against~ LUIS SANTOS (05/19/42) CASE NUMBER: 95 0524. CFA for services of the Public Defender, bearing the date of the 10th day of May, 1996, recorded in office of the Clerk of the Circuit Court of Collier County, Florida, securing the principal sum of ****TWO HUNDRED EIGHTY-SIX AND 86/100***********DOLLARS, under Final Judgement and Order recorded in Official Record book 2185, page 0750. The Board of County Commissioners of Collier County hereby acknowledges full payment and satisfaction of said lien, hereby surrenders the same as canceled, and hereby directs that the Clerk of said Circuit Court cancel this lien of record. IN WITNESS WHEREOF, The Board of County Commissioners of Collier Count),, Florida, hereby directs that this Satisfaction of Lien be executed in its name by its Chairman. ATTEST: ~ of'CirCuit ~oU'r~ BOARD OF COUNTY COMMISSIONERS Approved as to form legal sufficiency Assistant CodKty Attorney COL_~J~R COUNTY, FLORIDA BY: Tin'orby L. }lancock Chainaan PREPARED BY: CLERK OF THE CIRCUIT COURT P.O. BOX 413044 NAPLES, FLORIDA 34101-3044 ~ATISFACTION OF LIEN FOR SERVICES OF THE PUBLIC DEFENDER elO~2! 110 2239887 OR: 2357 PG: 1806 *** FOR CLERK'S USE ONLY KNOW ALL MEN BY THESE PRESENTS that COLLIER COUNTY, FLORIDA, through its BOARD OF COMMISSIONERS, is the owner and holder of a certain lien againstz LUIS SANTOS AKA LOUIS SANTOS (05/09/42) CASE NUMBER~ 95 1997. CFA for services of the Public Defender, bearing the date of the 28th day of February, 1996, recorded in office of the Clerk of the Circuit Court of Collier County, Florida, securing the principal sum of ****SEVENTY AND 00/100***********DOLLARS, under Final Judgement and Order recorded in Official Record book 2156, page 1245. The 8oard of County Commissioners of Collier County hereby acknowledges full payment and satisfaction of said lien, hereby surrenders the same as canceled, and hereby directs that the Clerk of said Circuit Court cancel this lien of record. IN WITNESS WHEREOF, The Board of County Commissioners of Collier County, Florida, hereby directs that this Satisfaction of Lien be executed in its name by its Chairman. Ex.ecut~(~'this _~.~"' day of , 1997. ATTEST: bl~"k' of Cir6ui6 Court BOARD OF COUNTY COMMISSIONERS CO.~2R COUNTY, FLORIDA BY~ Tin~Othy L. Hancock Chairman A[~roved as to form legal sufficiency AssiStant County Attorney PREPARED BY~ CLERK OF THE CIRCUIT COURT P.O. BOX 413044 NAPLES, FLORIDA 34101-3044 SATISFACTION OF LIEN FOR 5H~ICHS OF THE PUBLIC DEFENDRR $10-,~ 1110 *** 2239888 OR: 2357 PG: 1807 *** 16G 1 FOR CLERK'S USE ONLY KNOW ALL MEN BY THESE PRESENTS that COLLIER COUNTY, FLORIDA, through its BOARD OF COMMISSIONERS, is the owner and holder of a certain lien against: DANIEL LEE BROWN (02/18/57) CASE NUMBERz 96 9349, MMA for services of the Public Defender, bearing the date of the 17th day of March, 1997, recorded in office of the Clerk of the Circuit Court of Collier County, Florida, securing the principal sum of **"*ONE HUNDRED AND 00/100***********DOLLARS, under Final Judgement and Order recorded in Official Record book 2301, page 3971. The Board of County Commissioners of Collier County hereby acknowledges full payment and satisfaction of said lien, hereby surrenders the same as canceled, and hereby directs that the Clerk of said Circuit Court cancel this lien of record. IN WITNESS WHEREOF, The Board of County Commissioners of Collier County, Florida, hereby directs that this Satisfaction of Lien be .executed in its name by its Chairman. Executed.~his ~W~ day of ATTEST: ~le~'of Circui't"Court ~~~L-~ , 1997. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Ttmp~hy L. Hancock Chairman Approved as to form 1~-~'9~1 sufficiency Assistant Cohnty Attorney PREPARED BY: CLERK OF THE CIRCUIT COURT P.O. BOX 413044 NAPLES, FLORIDA 34101-3044 SATISF;~ION OF LIEN FOR SERVICES OF THR PtrlILIC DEFENDER 2239897 OR: 2357 PG: 1840 *** IIC !I1 165 1 FOR CLERK'S USB ONLY KNOW ALL MEN BY THESE PRESENTS that COLLIER COUNTY, FLORIDA, through its BOARD OF COMMISSIONERS, is the owfler and holder of a certain lien against~ HEIDELBERG CAMACHO (10/25/72) CASE NUMBER~ 96 0484. MMA for services of the Public Defender, bearing the date of the 19th day of November, 1996, recorded in office of the Clerk of the Circuit Court of Collier County, Florida, securing the principal sum of ****FIFTY AND 00/100***********DOLLARS, under Final Judgement and Order recorded in Official Record book 2253, page 1114. The Board of County Commissioners of Collier County hereby acknowledges full payment and satisfaction of said lien, hereby surrenders the same as canceled, and hereby directs that the Clerk of said Circuit Court cancel this lien of record. IN WITNESS WHEREOF, The Board of County Commissioners of Collier County, Florida, hereby directs that this Satisfaction of Lien be executed in its name by its Chairman. Executed thi's' ~/.~ day of ~.~~-~ , 1997. ATTEST: · · ~ Clerk of Circuit Court BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY~ Timothy L. Hancock Chairman Approved as to form legal sufficiency s ii tant Attorney As County PREPARED BY: CLERK OF THE CIRCUIT COURT P.O. BOX 413044 NAPLES, FLORIDA 34101-3044 ~A~ISFAt'~IO~ O! LIE?! s .avxc s or PUBLIg D~ FIA'NDIKR *** 2239898 OR: 2357 PG: 1841 IICO~ID Ii O;~ICll~ IlCOl~l O[ C~LLI~I lAC ?Il 16G 1 FOR CLERK'S USE ONLY KNOW ALL MEN BY THESE PRESENTS that COLLIER COUNTY, FLORIDA, through its BOARD OF COMMISSIONERS, is the owner and holder of a certain lien against~ JUAN VARGAS GASPAR AKA JUAN GASPAR VARGAS (04/04/71) CASE NUMBER: 96 6940 MMA for services of the Public Defender, bearing the date of the 19th day of November, 1996, recorded in office of the Clerk of the Circuit Court of Collier County, Florida, securing the principal sum of *.**FIFTY AND 00/100***********DOLLARS, under Final Judgement and Order recorded in Official Record book 2255, page 2097. The Board of County Commissioners of Collier County hereby acknowledges full payment and satisfaction of said lien, hereby surrenders the same as canceled, and hereby directs that the Clerk of said Circuit Court cancel this lien of record. IN WITNESS WHEREOF, The Board of County Commissioners of Collier County, Florida, hereby directs that this Satisfaction of Lien be e'xecuted in its name by its Chairman. Executed'th'is ~~ day of , 1997. ATTEST: ¢~erk 'of-~ir~it court BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: TI'mothy L. Hancock Chairman Approve;ti as to form legal sufficiency Assistant Cofinty Attorney PREPARED BY: CLERK OF THE CIRCUIT COURT P.O. BOX 413044 NAPLES, FLORIDA 34101-3044 3ATISFA~TION OF LI~ FOR SKRVICKS OF T~l~ PUBLIC DEFHNDKR 2239899 OR: 2357 PG: 1842 *** ILKOI~D Il OF~I¢ILL I1C~1~$ of CO~,LII~ C~l~r~, 1L 16G 1 FOR CLERK'S USE ONLY KNOW ALL MEN BY THESE PRESENTS that COLLIER COUNTY, FLORIDA, through its BOA,RD OF COMMISSIONERS, ia the owner and holder of a certain lien againstz JACOB ROY SMALL (07/06/74) CASE NUMBER~ 96 8858. MMA for services of the Public Defender, bearing the date of the 27th day of December, 1996, recorded ill office of the Clerk of the Circuit Court of Collier County, Florida, securing the principal sum of ****FIFTY AND 00/100***********DOLLARS, under Final Judgement and Order recorded in Official Record book 2268, page 0907. The Board of County Commissioners of Collier County hereby acknowledges full payment and satisfaction of said lien, hereby surrenders the same as canceled, and hereby directs that the Clerk of said Circuit Court cancel this lien of record. IN WITNESS WHEREOF, The Board of County Commissioners of Collier County, Florida, hereby directs that this Satisfaction of Lien be · executed in its name by its Chairman. Executed"~his J/~ day of ATTEST: ~' ~ierk 'of Circuit Court , 1997. BOARD OF COUNTY COMMISSIONERS BY: Timothy L. Hnncock Chat~an A~proved as to form legal sufficiency Assi'stant Codnty' Attorney PREPARED BY: CLERK OF THE CIRCUIT COURT P.O. BOX 413044 NAPLES, FLORIDA 34101-3044 SATISFACTION OF LIEN FOR SERVICES OF THE PUBLIC DEFENDER 2239900 OR: 2357 ?G: 1843 ~$llll 16G 1 FOR CLERK'S USE ONLY KNOW ALL MEN BY THESE PRESENTS that COLLIER COUNTY, FLORIDA, through its BOARD OF COMI~ISSIONERS, is the owner and holder of a certain lien against~ JUNE ANN LAVELLE (06/24/66) CASE HUMBER: 96 5877. MMA for services of the Public Defender, bearing the date of the 14th day of October, 1996, recorded in office of the Clerk of the Circuit Court of Collier County, Florida, securing the principal sum of ****FIFTY AND 00/100***********DOLLARS, under Final Judgement and Order recorded in Official Record book ~252 , page 1267- The Board of County Commissioners of Collier County hereby acknowledges full payment and satisfaction of said lien, hereby surrenders the same as canceled, and hereby directs that the Clerk of said Circuit Court cancel this lien of record. IN WITNESS WHEREOF, The Board of County Commissioners of Collier County, Florida, hereby directs that this Satisfaction of Lien be .executed in its name by its Chairman. Execxlted. this 4/~- day of ~~. , 1997. ATTEST: ~~df Circuit C~u~E Approved as to form leg~ ~ufficiency AsSistant County Attorney BOARD OF COUNTY COMMISSIONERS BY: Timothy L. Hancock Chairman PREPARED BY: CLERK OF THE CIRCUIT COURT P.O. BOX 413044 NAPLES, FLORIDA 34101-3044 SATISFACTION OF LIEN FOR SER¥IC~S OF THE PUBLIC DEFENDER *** 2239901 OR: 2357 PG: 1844 *** I1¢ III t.O~ 16G ,l, FOR CLERK'S USE ONLY KNOW ALL MEN BY THESE PRESENTS that COLLIER COUNTY, FLORIDA, through its BOARD OF CO~MISSIONERS, is the owner and holder of a certain lien against~ JOHN W CORNWELL AKA JOHN WAYNE CORNWELL (09/27/76) CASE NUMBER: 97 4541. MMA for se~ices of the Public Defender, bearing the date of the 28th day of July, 1997, recorded in office of the Clerk of the Circuit Court of Collier County, Florida, securing the principal sum of ****TWEFrY-FIVE AND O0/IO0***********DOLLARS, under Final Judgement and Order recorded in Official Record book 2338, p~ge 1287. The ~oard of County Commissioners of Collier County hereby acknowledges full payment and satisfaction of said lien, hereby surrenders the sa~e as canceled, and hereby directs that the Clerk of said Circuit Court cancel this lien of record. IN WITNESS WHEREOF, The Board of County Commissioners of Collier County, Florida, hereby directs that this Satisfaction of Lien be executed in its name by its Chairman. Executed'{his. _ ~/~ day of ~~. , 1997. ATTEST: ': ~lerk 'of. Circuit Court Approved as to form legal snfficiency Assistant County Attorney BOARD OF COUNTY COI¢~ISSIONERS COLLIER COUNTY, FLORIDA BY: Ti~6thy L. Hancock Chairman PREPARED BY: CLERK OF THE CIRCUIT COURT P.O. BOX 413044 N;tPLES, FLORIDA 34101-3044 SATIS¥,~I'IO~ OF LIEN I~)R SEI~IC~S OF THE PUBLIC DEF~4TDER *** 2239902 OR: 2357 PG: 1845 *** UCOIDI~ l~ OIIICIA~ IIC~ID~ O~ CO~III CO,NTT, ~ ~e~: CA$~II! 1 FOR CLERK'S USE ONLY KNOW ALL MEN BY TIIESE PRESENTS that COLLIER COUNTY, FLORIDA, through its BOARD OF COMMISSIONERS, is the owner and holder of a certain lien against: JOSE B URRUCHAGA (12/04/63) NUMBER: 97 6335.~A for services of the Public Defender, bearing the date of the 26th day of August, 1997, recorded in office of the Clerk of the Circuit Court of Collier County, Florida, securing the principal sum of ****FORTY AND 00/100***********DOLLARS, under Final Judgement and Order recorded in Official Record book 2344, page 1115. The Board of County Commissioners of Collier County hereby acknowledges full payment and satisfaction of said lien, hereby surrenders the same aa canceled, and hereby directs that the Clerk of said Circuit Court cancel 'this lien of record. IN WITNESS WHEREOF, The Board of County Commissioners of Collier County, Florida, hereby directs that this Satisfaction of Lien be .executed.in its name by its Chairman. Executed this ~ ~/~f~ day of ~ , 1997. ATTEST: cler~ .of Circuit Court -! BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: Tim~hy L. Hancock Chairman Al~roved as to form legal sufficiency Assistant Coudty Attorney PREPARED BY: CLERK OF THE CIRCUIT COURT P.O. BOX 413044 NAPLES, FLORIDA 34101-3044 ~ATISFACTION OF LIEN FOR SERVICES OF THE PUBLIC DEFENDER ltO-,~ll110 *** 2239903 OR: 2357 PG: 1846 *** 1~/21/11 at 11:5111 }1I~ I. ~1Iilil 16G 1 FOR CLERK'S USE ONLY KNOW ALL MEN BY THESE PRESENTS that COLLIER COUNTY, FLORIDA, through its BOARD OF COMMISSIONERS, is the owner and holder of a certain lien agatnst~ ANGELO ALEXANDRE (04/22/68) CASE NUMBER: 97 2808. MMA for services of the Public Defender, bearing the date of the 25th day of August, 1997, recorded in office of the Clerk of the Circuit Court of Collier County, Florida, securing the principal sum of ****TWENTY-FIVE AND 00/100***********DOLLARS, under Final Judgement and Order recorded in Official Record book 2344, page 1122. The Board of County Commissioners of Collier County hereby acknowledges full payment and satisfaction of said lien, hereby surrenders the same as canceled, and hereby directs that the Clerk of said Circuit Court cancel this lien of record. IN WITNESS WHEREOF, The Board of County Commissioners of Collier County, Florida, hereby directs that this Satisfaction of Lien be · executed in its name by its Chairman. ATTEST: e:..-~'o,.,'...£,, . / ~l'erk of Circuit Court Approved as to form leqe] sufficiency BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY= Timof~y L. Hancock Chairman PREPARED BY~ CLERK OF THE CIRCUIT COURT P.O. BOX 413044 NAPLES, FLORIDA 34101-3044 *** 2239904 OR: 2357 PG: 1847 *** 1Q/23/)7 at 11:51~ DII~T I. BI.I, CLli; SATISFACTION OF LIEN FOR SERVICES OF TIIE PUBLIC DEFENDER tlc IIi Itt. n: FOR CLERK'S USE ONLY ~.00 KNOW ALL MEN BY THESE PRESENTS thah COLLIER COUNTY, FLORIDA, through its BOARD OF COMMISSIONERS, ts the owner and holder of a certain lien against: JOSE JAIME BARRON (01/08/76) CASE NUMBER: 96 9329. MMA for services of the Public Defender, 'bearing the date of the llT}! day of JUNE, 1997, recorded in office of 'the Clerk of the Circuit Court of Collier County, Florida, securing the principal sum of ****FORTY AND 00/100***********DOLLARS, under Final Judgement and Order recorded in Official Record book 2330, page 2451. The B~ard of County Commissioners of Collier County hereby acknowledges full payment and satisfaction of said lien, hereby surrenders the same as canceled, and hereby directs that the Clerk of said Circuit Court cancel this lien of record. IN WITNESS WHEREOF, The Board of County Commissioners of Collier County, Florida, hereby directs that this Satisfaction of Lien be executed in its name by its Chairman. Executed 'this ~/~" day of ~C~-~ , 1997. ATTEST: ~lerk of .Circuit Court BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: Timothy L. Hancock Chairman Approve(! as to form legal sufficiency ~~t C6unty ~ttorney PREPARED BY: CLERK OF THE CIRCUIT COURT P.O. BOX 413044 NAPLES, FLORIDA 34101-3044 SATISFACTION OF LIEN FOR SERVICES OF THH PUBLIC DEFENDER *** 2239905 ietn: OR: 2357 PG: 1848 *** 1 FOR CLERK'S USE ONLY KNOW ALL MEN BY THESE PRESENTS that COLLIER COUNTY, FLORIDA, through its BOARD OF COMMISSIONERS, is the owner and holder of a certain lien against: MARIA SOLIZ OVALLE AKA MARIA SOLI'$ OVALLE ( 03/10/52 ) CASE NUMBER: 93 1549' MI for services of the Public Defender, bearing the date of the 16th day of June , 1997, recorded in office of the Clerk of the Circuit Court of Collier County, Florida, securing the principal sum of ****TWENTY-FIVE AND 00/100***********DOLLARS, under Final Judgement and Order recorded in Official Record book 2330, page 2466. The Board of County Commissioners of Collier County hereby acknowledges full payment and satisfaction of said lien, hereby surrenders the same as canceled, and hereby directs that the Clerk of said Circuit Court cancel this lien of record. IN WITNESS WHEREOF, The Board of County Commissioners of Collier County, Florida, hereby directs that this Satisfaction of Lien be e'xecuted in its name by its Chairman. Executed this~''' .~./~.~ day of ATTEST: , clerk, of circuit court (~~. , 1997. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Chairman Approved as to form legal sufficiency AssiStant Cbdnty Attorney PREPARED BY: CLERK OF THE CIRCUIT COURT P.O, BOX 413044 NAPLES, FLORIDA 34101-3044 2239906 OR: 2357 PG: 1849 *** 10/~3/~7 t~ II:~1~ D~ i, B~I, ~I~ 1 6 1 ~%TISFACTION OF LIEN FOR SERVICES OF TUg PUBLIC DEFENDER FOR CLERK'S USE ONLY KNOW ALL MEN BY TIIESE PRESENTS that COLLIER COUNTY, FLORIDA, through its BOARD OF COMMISSIONERS, is the owner and holder of a certain lien against~ DENNIS MICHAEL HARVEY (07/28/71) CASE NUMBER: 97 5230. MMA for services of the Public Defender, bearing the date of the 6th day of August, 1997, recorded in office of the Clerk of the Circuit Court of Collier County, Florida, securing the principal sum of ****FORTY AND 00/100***********DOLLARS, under Final Judgement and Order recorded in Official Record book 2340, page 1808. The Board of County Commissioners of Collier County hereby acknowledges full payment and satisfaction of said lien, hereby surrenders the same as canceled, and hereby directs that the Clerk of said Circuit Court cancel this lien of record. IN WITNESS WHEREOF, The Board of County Commissioners of Collier County, Florida, hereby directs that this Satisfaction of Lien be .executed in its name by its Chairman. Exec,u t ed.'~h£s o',. ?~./~-- day of t. ATTEST: " dle'rk of circuit" court , 1997. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: Tim6thy L. Hancock Chairman Approved as to form legal auf£iciency Assi§tant County Attorney PREPARED BY~ CLERK OF THE CIRCUIT COURT P.O. BOX 413044 NAPLES, FLORIDA 34101-3044 ,9~TISF!CTION OF LIEN FOR SERVICES OF THE PUBLIC D~FENDER ~I0-321110 *** 2239907 IIC Ill let~: OR: 2357 PG: 1850 FOR CLERK'S USE ONLY KNOW ALL MEN BY THESE PRESENTS that COLLIER COUNTY, FLORIDA, through its BOARD OF COMMISSIONERS, is the owner and holder of a certain li8n against~ JERRY DALE HICKS (05/26/78) CASE NUMBER: 97 0692. MMA for services of the Public Defender, bearing the date of the 21st day of April, 1997, recorded in office of the Clerk of the Circuit Court of Collier County, Florida, securing the principal sum of ****FIFTY AND 00/100.**********DOLLARS, under Final Judgement and Order recorded in Official Record book 2307, page 3156. The ~oard of County Commissioners of Collier County hereby acknowledges full payment and satisfaction of said lien, hereby surrenders the same as canceled, and hereby directs that the Clerk of said Circuit Court cancel this lien of record. IN WITNESS WHEREOF, The Board of County Commissioners of Collier County, Florida, hereby directs that this Satisfaction of Lien be executed in its name by its Chairman. Executed ~his ATTEST: Cl~¥k:'~f Circuit Court Approved as' to form legal sufficiency Assistant Cdunty Attorney , 1997. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Chairman PREPARED BY: CLERK OF THE CIRCUIT COURT P.O. BOX 413044 NAPLES, FLORIDA 34101-3044 ,%ATISFACTION OF LIEN FOR SERVICES OF TIIK PUBLIC DEFKNDER 010~121110 *** 2239908 OR: 2357 PG: 1851 FOR CLERK'S USE ONLY KNOW ALL MEN BY THESE PRESENTS that COLLIER COUNTY, FLORIDA, through its BOARD OF COMMISSIONERS, is the owner and holder of a certain lien against: MICHAEL JOHN LINCOLN (11/22/77) CASE NUMBERI 97 4072. MMA for services of the Public Defender, bearing the date of the 6th day of August, 1997, recorded in office of the Clerk of the Circuit Court of Collier County, Florida, securing the principal sum of ****FORTY AND 00/100***********DOLLARS, under Final Judgement and Order recorded in Official Record book 2338, page 2256. Th~ ~oard of County Commissioners of Collier County hereby acknowledges full payment and satisfaction of said lien, hereby surrenders the same as canceled, and hereby directs that the Clerk of said Circuit Court cancel this lien of record. IN WITNESS WHEREOF, The Board of County Commissioners of Collier County, Florida, hereby directs that this Satisfaction of Lien be executed in its name by its Chairman. Executed this day of ATTEST: '--, . / ~lerk of Circuit Court 1997. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: Timgthy L. Hancock Chairman Approved as to form legal sufficiency AsliStant County Attorney PREPARED BYI CLERK OF THE CIRCUIT COURT P.O. BOX 413044 NAPLES, FLORIDA 34101-3044 SATISFP. CTION OF LIEN FOR SERVICES OF THE PUBLIC DEFENDER *** 2239909 OR: 2357 PG: 1852 *** FOR CLERK'S USE ONLY KNOW ALL MEN BY THESE PRESENTS that COLLIER COUNTY, FLORIDA, through its BOARD OF COMMISSIONERS, is the owner and holder of a certain lien against: JOCELOIN MAURISAINT (12/01/70) CASE NUMBER: 97 1907. MMA for services of the Public Defender, bearing the date of the 19th day of June, 1997, recorded in office of the Clerk of the Circuit Court of Collier County, Florida, securing the principal sum of ****FIFTY AND 00/100***********DOLLARS, under Final Judgement and Order recorded in Official Record book 2330, page 2486. The ~oard of County Commissioners of Collier County hereby acknowledges full payment and satisfaction of said lien, hereby surrenders the same as canceled, and hereby directs that the Clerk of said Circuit Court cancel this lien of record. IN WITNESS WHEREOF, The Board of County Commissioners of Collier County, Florida, hereby directs that this Satisfaction of Lien be rexecuted in its name by its Chairman. Executed this ~/.zZ~i--'_.day of ATTEST: ' , Clerk'of Circuit Court ;~rroved as to form legal s~ f f iciency AssiStant Cd~nty Attorney ~~--. ..., 1997. BOARD OF COUNTY COMMISSIONERS CO~I.~R COUNTY, FLORIDA ~Y: Timothy L. Hancock Chairman PREPARED BY: CLERK OF THE CIRCUIT COURT P.O. BOX 41304¢ NAPLES, FLORIDA 34101-3044 SATISFACT][OII OF LIEN FOR S~RVICI~S OF ~ PUBLIC DI~FEI~KR *** 2239910 OR: 2357 ?G: 1853 *** 11~191~ l~ 01II,IAI. II~t0$ 0[ UJLLIil ¢0~11~, Il, llll3l!! It Il:SIAl 9tl'I(;t1~ I. IlO(:l, U. III I]¢ 1'11 i. I~ 16G I FOR CLERK'S USE ONLY KNOW ALL MEN BY TI{ESE PRESENTS that COLLIER COUNTY, FLORIDA, through its BOARD OF COMMISSIONERS, is the owner and holder of a certain lien againstz TOMMY DARRYL W~IDDEN (03/02/64) CASE NUMBER~ 96 0298. MMA for services of the Public Defender, bearing the date of the 17th day of April, 1997, recorded in office of the Clerk of the Circuit Court of Collier County, Florida, securing the principal sum of ****FIFTY AND 00/100***********DOLLARS, under Final Judgement and Order recorded in Official Record book 2307, page 3125. Tha ~oard of County Commissioners of Collier County hereby acknowledges full payment and satisfaction of said lien, hereby surrenders the same as canceled, and hereby directs that the Clerk of said Circuit Court cancel thi~ lien of record. IN WITNESS WHEREOF, The Board of County Commissioners of Collier County, Florida, hereby directs that this Satisfaction of Lien be .executed in its name by its Chairman. ATTEST Cie~k o'~ circuit Ap[~owed as to form legal sufficiency As[iStant Cbdnty Attorney , 1997. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BYz Tim6thy L. Hancock Chairman PREPARED BY~ CLERK OF THE CIRCUIT COURT P.O. BOX 413044 NAPLES, FLORIDA 34101-3044 SATISFACTION OF LIEN FOR SERVICES OF THE PUBLIC *** 2239911 OR: 2357 PG: 1854 *** le~: 16G 1 FOR CLERK'S USE ONLY KNOW ALL MEN BY THESE PRESENTS that COLLIER COUNTY, FLORIDA, through its BOARD OF COMMISSIONERS, is the owner and holder of a certain lien against= ANDREW G PHELPS AKA ANDREW GEORGE PHELPS (11/07/56) CASE NUMBER: 89 0634. MMA for services of the Public Defender, bearing the date of the 15TH day of April, 1997, recorded in office of the Clerk of the Circuit Court of Collier County, Florida, securing the principal sum of ****TWENTY-FIVE AND 00/100***********DOLLARS, under Final Judgement and Order recorded in Official Record book 2308, page 1377. The Board of County Commissioners of Collier County hereby acknowledges full payment and satisfaction of said lien, hereby surrenders the same as canceled, and hereby directs that the Clerk of said Circuit Court cancel this lien of record. IN WITNESS WHEREOF, The Board of County Commissioners of Collier County, Florida, hereby directs that this Satisfaction of Lien be executed in its name by its Chairman. Ex~cuted th~,~.;. ~/X~ day of ATTEST: ' f Clerk of Circuit Court (~~- , 1997. BOA_~OF COUNTY COMMISSIONERS BY~ Timothy L. Hancock Chairman Approved as to form legal sufficiency Assistant County Attorney PREPARED BY: CLERK OF THE CIRCUIT COURT P.O. BOX 413044 NAPLES, FLORIDA 34101-3044 SATISF~r~TIOH OF LI~ ~ SEItVIC~S OF THE PUBLIC DRI~IDRR *** 2239912 OR: 2357 PG: 1855 *** ~C ill J.JJ 16G I FOR CL~RK'S USE ONLY KNOW ALL MEN BY THESE PRESENTS that COLLIER COUNTY, FLORIDA, through its BOARD OF COMMISSIONERS, is the owner and holder of a certain lien against~ JUAN JOSE ALVAREZ JR (03/30/61) CASE NUMBER~ 94 5886. MMA for services of the Public Defender, bearing the date of the 26th day of July, 1994, recorded in office of the Clerk of the Circuit Court of Collier County, Florida, securing the principal sum of ****TWENTY-FIVE AND 00/100***********DOLLARS, under Final Judgement and Order recorded in Official Record book 1074, page 0615. The hoard of County Commissioners of Collier County hereby acknowledges full payment and satisfaction of said lien, hereby surrenders the same as canceled, and hereby directs that the Clerk of said Circuit Court cancel this lien of record. IN WITNESS WHEREOF, The Board of County Commissioners of Collier County, Florida, hereby directs that this Satisfaction of Lien be executed in its name by its Chairman. Executed'this'/ ~/~ day of ATTEST: -. ,'. Clerk. of. Circu/t Court ., , 1997. BOARD OF COUNTY COMMISSIONERS COLLieR COUNTY, FLORIDA By~ Timbthy L. Hancock Chairman Approv~i as to form legal sufficiency Astistant County Attorney PREPARED CLERK OF THE CIRCUIT COURT P.O. BOX 413044 NAPLES, FLORIDA 34101-3044 2239913 U¢ ~Ii l.II OR: 2357 PG: 1856 *** ~ATISFACTION OF LIEN FOR SEKVICES OF THE PUBLIC DEFENDER FOR CLERK'S USE ONLY_ KNOW ALL MEN BY THESE PRESENTS that COLLIER COUNTY, FLORIDA, through its BOARD OF COMMISSIONERS, is the owfler and holder of a certain lien against~ JUAN JOSE ALVAREZ JR (03/30/61) CASE NUMBERc 94 5885. MMA for services of the Public Defender, bearing the date of the 26th day of July, 1994, recorded in office of the Clerk of the Circuit Court of Collier County, Florida, securing the principal sum of e***TWENTY-FIVE AND 00/100***********DOLLARS' under Final Judgement and Order recorded in Official Record book 1974, page 0614. The ~oard of County Commissioners of Collier County hereby acknowledges full payment and satisfaction of said lien, hereby surrenders the same as canceled, and hereby directs that the Clerk of said Circuit Court cancel this lien of record. IN WITNESS WHEREOF, The Board of County Commissioners of Collier County, Florida, hereby directs that this Satisfaction of Lien be .executed in its name by its Chairman. ATTEST: dlerk %f Circuit Court Approved as to for~ legal sufficiency ~ss.~~ant ~(ounty Attorney BOARD OF COUNTY COMMISSIONERS KY: Timothy L. Hancock Chairman pREPARED BY: CLERK OF THE CIRCUIT COURT P.O. BOX 413044 NAPLES, FLORIDA 34101-3044 SATISFACTIOH OF LIEH FOR SKRVICKS OF TEE PUBLI~ DEFEHDKR OR: 2357 PG: 1857 *** FOR CLERK'S USE ONLY KNOW ALL MEN BY THESE PRESENTS that COLLIER COUNTY, FLORIDA, through its BOARD OF CO~tMISSIONERS, is the owner and holder of a certain lien agatnstt CHARLES DEAN BROWN AKA CHARLR$ D BROWN (10/01/43) CASE NUMBERt 97 0234. MMA for services of the Public Defender, bearing the date of the 2nd day of September, 1997, recorded in office of the Clerk of the Circuit Court of Collier County, Florida, securing the principal sum of HUNDRED FIFTY AND 00/100***********DOLLARS, under Final Judgement and Order recorded in Official Record book 2343, page 2557. The ~oard of County Commissioners of Collier County hereby acknowledges full payment and ~atisfaction of said lien, hereby surrenders the same as canceled, and hereby directs that the Clerk of said Circuit Court cancel this lien of record. IN WITNESS WHEREOF, The Board of County Commissioners of Collier County, Florida, hereby directs that this Satisfaction of Lien be 'executed in its name by its Chairman. xecuted, is,, j/ZZ day of ATTEST: ¢"~ ~lerk'of CirCuir~Cou~t Approved as to form legal sufficiency AssJstant County Attorney , 1997. BOARD OF COUNTY COMMISSIONERS CO~L~. COUNTY, FLORIDA BY z Timothy L. Hancock Chairman PREPARED BYI CLERK OF THE CIRCUIT COURT P.O. BOX 413044 NAPLES, FLORIDA 34101-3044 .SATXSFACTIOH OF' LI]~N FOR S~R¥ICBS OF Tfl]l PUBLIC ~10-321110 *** 2239915 OR: 2357 PG: 1858 ll~Ol~ln ill O~IICI~ LICOID$ O! ~OLLIil letn: , ~lSlll 16G 1 FOR CLERK'S USE ONLY KNOW ALL MEN BY THESE PRESENTS that COLLIER COUNTY, FLORIDA, through its BOARD OF COMMISSIONERS, is the owner and holder of a certain lien against: RUDY M3%RTINEZ (01/26/74) CASE NUMBER: 96 0795. MMA for services of the Public Defender, bearing the date of the 18th day of December, 1996, recorded in office of the Clerk of the Circuit Court of Collier County, Florida, securing the principal sum of ****ONE HUNDRED AND 00/100***********DOLLARS, under Final Judgement and Order recorded in Official Record book 2343, page 2558. The ~oard of County Commissioners of Collier County hereby acknowledges full payment and satisfaction of said lien, hereby surrenders the same as canceled, and hereby directs that the Clerk of said Circuit Court cancel this lien of record. IN WITNESS WHEREOF, The Board of County Commissioners of Collier County, Florida, hereby directs that this Satisfaction of Lien be executed in its name by its Chairman. Execut~;" ~ t~iy~ J/,~Z~- day of ATTEST: '. · ~ierk of Circuit Court ~.~. , 1997. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA L. Chairman Approved as to [om legal Tufficiency County Attorney PREPARED BY: CLERK OF THE CIRCUIT COURT P.O. BOX 413044 NAPLES, FLORIDA 34101-3044 ~ATISFACTION OF LIEN FOR SI~RVICIlS OF THE PUBLIC DEFENDER I10-321110 *** 2239916 N/D/~7 at It:$1~ Df~GIT I. I~¢I, I~tn: OR: 2357 PG: 1859 *** 1 FOR CLERK'S USE ONLY KNOW ALL MEN BY THESE PRESENTS that COLLIER COUNTY, FLORIDA, through its BOARD OF COMMISSIONERS, is the owner and holder of a certain lien against~ JOSE CASTANEDA GUADALUPE AKA JOSE GUADALUPE (10/02/80) CASE NUMBERt 97 2036 for services of the Public Defender, bearing the date of the 22nd day of April, 1997, recorded in office of the Clerk of the Circuit Court of Collier County, Florida, securing the principal sum of ****TWFNTY-FIVE AND 00/100***********DOLLARS, under Final Judgement and Order recorded in Official Record book 2343, page. 2556. The Board of County Commissioners of Collier County hereby acknowledges full payment and satisfaction of said lien, hereby surrenders the same as canceled, and hereby directs that the Clerk of said Circuit Court cancel this lien of record. IN WITNESS WHEREOF, The Board of County Commissioners of Collier County, Florida, hereby directs that this Satisfaction of Lien be executed in its name by its Chairman. Executed-thi~.. ~/~jZf day of , 1997. ~'lerk of Circuit Court A~mv~d as to fob l~al ~ufficien~ Ass~t~n~ ~unt¥ Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA y L. Chairman PREPARED BY~ CLERK OF THE CIRCUIT COURT P.O. BOX 413044 NAPLES, FLORIDA 34101-3044 S~TISFACTION OF LIEN I~R S~VICRS OF TE~ PUBLIC *** 2239917 OR: 2357 PG: 1860 *** I0/23/J7 at II:$1U l}II(;]~ I, BIOC[, CIlll OC ~11 l.O0 ~lIII 16fi 1 FOR CLERK'S USE ONLY KNOW ALL MEN BY THESE PRESENTS that COLLIER COUNTY, FLORIDA, through its BOARD OF COMMISSIONERS, is the owner and holder of a certain lien againstz CONNIE R TIBBETTS (01/04/45) CASE NUMBER 97 0940. MMA for services of the Public Defender, bearing the date of the 27th day of March, 1997, recorded in office of the Clerk of the Circuit Court of Collier County, Florida, securing the principal sum of ****TWENTY-FIVE AND 00/100***********DOLLARS, under Final Judgement and Order recorded in Official Record book 2305, page 0724. T~e ~oard of County Commissioners of Collier County hereby acknowledges full payment and satisfaction of said lien, hereby surrenders the same as canceled, and hereby directs that the Clerk of said Circuit Court cancel this lien of record. IN WITNESS WHEREOF, The Board of County Commissioners of Collier County, Florida, hereby directs that this Satisfaction of Lien be · executed in its name by its Chairman. Executed this _~ff~__day of ATTEST.. , . Cter~ of Ctrcu'i't:'cO~.~rt Appr0qed ~'~ to form legal sufficiency Assistant Cbunty Attorney 1997. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Chairman PREPARED BY: CLERK OF THE CIRCUIT COURT P.O. BOX 413044 NAPLES, FLORIDA 34101-3044 *** 239918 OR: 2357 PG: 1861 I1~1~ it O;;ICIIL IIC~D$ of ~LLIII CINFFI, IL 16G 1 SATISFACTION OF LIRN 19R SIiRVICE$ OF TH~ PUBLIC DI~FZNDI~R ~lO~l 110 FOR CLERK*S USE ONLY KNOW ALL MEN BY THESE PRESENTS that COLLIER COUNTY, FLORIDA, through its BOARD OF COMMISSIONERS, is the owner and holder of a certain lien against~ FELIX EUSTAGUIO LUCENO AKA FELIX E LUCENO (0 Y14/39) CASE NUMBERs 97 6239'M MA for services of the Public Defender, bearing the date of the 10th day of September, 1997, recorded in office of the Clerk of the Circuit Court of Collier County, Florida, securing the principal sum of ****FORTY AND under Final Judgement and Order recorded in Official Record book 2349, page_2269. The Board of County Commissioners of Collier County hereby acknowledges full payment and satisfaction of said lien, hereby surrenders the same as canceled, and hereby directs that the Clerk of said Circuit Court cancel this lien of record. IN WITNESS WHEREOF, The Board of County Commissioners of Collier County, Florida, hereby directs that this Satisfaction of Lien be ekecuted in its name by its Chairman. ATTE ST " ~lerk' of Circuit Court , 1997. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Chairman Approved as to form legal sufficiency ASsiBtant Cdunty Attorney PREPARED BY~ CLERK OF THE CIRCUIT COURT P.O. BOX 413044 NAPLES, FI~RIDA 34101-3044 S~TISF~-'TION OF LIEN FOR SKHVI~$ OF THI~ PUBLIC 2239919 OR: 2357 PG: 1862 FOR CLERK'S USE ONLY KNOW ALL MEN BY THESE PRESENTS that COLLIER COUNTY, FLORIDA, through its BOARD OF COMMISSIONERS, is the owner and holder of a certain lien against~ k~RYILL~.CELIUS (06/04/47) CASE NUMBERz 97 1197. MMA for services of the Public Defender, bearing the date of the 26th day of March, 1997, recorded in office of the Clerk of the Circuit Court of Collier County, Florida, securing the principal sum of ****TWENTY-FIVE AND 00/100 ***********DOLLARS, under Final Judgement and Order recorded in Official Record book 2305, pag8 0715. The ~oard of County Commissioners of Collier County hereby acknowledges full payment and satisfaction of said lien, hereby surrenders the same afl canceled, and hereby directs that the Clerk of said Circuit Court cancel this lien of record. IN WITNESS WHEREOF, The Board of County Commissioners of Collier County, Florida, hereby directs that this Satisfaction of Lien be .executed in its name by its Chairman. Execu,~ed 'this ~.~/~ .day of ATTEST: ." 5' dlerk., of. Circuit' Court ",, : ~ :Y,?' Approvcd as to form legal suf fic~engy Assfstant County Attor y , 1997. BOARD OF COUNTY COMMISSIONERS COIJ-I~R COUNTY, FLORIDA BY{ Timothy L. Chairman PREPARED BYz CLERK OF THE CIRCUIT COURT P.O. BOX 413044 NAPLES, FLORIDA 34101-3044 SATISFACTION OF LIEN FOR SERVICES OF THE PUBLIC DEFENDER *** 2239920 OR: 2357 PG: 1863 *** II~OI~ID t! Of;I~Ilk U~tD$ o! ~kkIII L'O~FFI, FL 11/13/I? it II:SI~ ~1I~ I. I~l, 2lie 166- FOR CLERK'S USE ONLY KNOW ALL MEN BY THESE PRESENTS that COLLIER COUNTY, FLORIDA, through its BOARD OF COMMISSIONERS, is the owner and holder of a certain lien against: EARLE LESLIE SMITH AKA EARL SMITH (02/10/58) CASE NUMBER: 96 1545 MMA for services of the Public Defender, bearing the date of the 25th day of March, 1997, recorded in office of the Clerk of the Circuit Court of Collier County, Florida, securing the principal sum of *'**TWENTY-FIVE AND 00/100***********DOLLARS, under Final Judgement and Order recorded in Official Record book 2305, page 0726. The Board of County Commissioners of Collier County hereby acknowledges full payment and satisfaction of said lien, hereby surrenders the same as canceled, and hereby directs that the Clerk of said Circuit Court cancel this lien of record. IN WITNESS WHEREOF, The Board of County Commissioners of Collier County, Florida, hereby directs that this Satisfaction of Lien be executed,,ih!]%~ name by its Chairman. ExecUted this ~-/~ day of ATTEST: ¢lerk'o'f'"~ik~'uit Court , 1997. BOARD OF COUNTY COMMISSIONERS CO~~/~~~_~COUNTY,. FLORIDA BY: Timothy L. Hancock Chairman Approved as to form legal sufficiency Assistant County Attorney PREPARED BY: CLERK OF TIlE CIRCUIT COURT P.O. BOX 413044 NAPLES, FLORIDA 34101-3044 16G 1 SATISFACTION OF LIEN FOR SERVICES OF THE PUBLIC DEFENDER FOR CLERK'S USE ONLY KNOW ALL MEN BY THESE PRESENTS that COLLIER COUNTY, FLORIDA, through its BOARD OF COMMISSIONERS, is the owner and holder of a certain lien against: PER INGE NEDLUND AKA PERRY HEDLUND (02/06/64) CASE NUMBER: 97 1987. MMA for services of the Public Defender, bearing the date of the 21st day of April, 1997, recorded in office of the Clerk of the Circuit Court of Collier County, Florida, securing the principal sum of ****TWENTY-FIVE AND 00/100***********DOLLARS, under Final Judgement and Order recorded in Official Record book 2312, page 1435. The Board of County Commissioners of Collier County hereby acknowledges full payment and satisfaction of said lien, hereby surrenders the same as canceled, and hereby directs that the Clerk of said Circuit Court cancel this lien of record. IN WITNESS ~HEREOF, The Board of County Commissioners of Collier County, Florida, hereby directs that this Satisfaction of Lien be executed in its name by its Chairman. Executed[.t,h,is ~/~c~- day of ATTEST: : ". ~lerR of Circu±'t~ cdurt g~.~oved a~ to rom 1~1 ~uffictency Assistant County Attorney 1997. BOARD OF COUNTY COMMISSIONERS COLLI_~ COUNTY, FLORIDA By: Timothy L. Hanc0~k Chairman PREPARED BY: CLERK OF THE CIRCUIT COURT P.O. BOX 413044 NAPLES, FLORIDA 34101-3044 BOARD OF COUNTY COMMISSIONERS MISCELLANEOUS CORRESPONDENCE OCTOBER 21, 1997 $~,tisfactio~: NEED MOTION authorizing the Chairman to sign Satisfaction of Lien for Services of thc Public Defender for Case Nos.: 89-1624-IT, 89-1622-IT, 94- 4739-MMA. 93-003 ! -CFA, 94-1607-CFA, 88-0316-CFA, 88-2330-TMC, 95..4162- MMA, 94-1757-CFA, 97-072 I-MMA, 97-1987-MMA, 97-1666-MMA, 97-1094-MMA, 97-6361-MMA, 93-4558-MMA, 97-0726-MMA, 97-6360-NCMA, 96-87824MMA, 97- 6415-MMA, 96-9293-MMA, 95-524-CFA, 95-0524-CFA, 95-1997-CFA, 96-9349- MMA, 96-0484-MMA, 96-6940-MMA, 96-8858-MMA, 96-5577-MMA, 97-4541- MMA, 97-6335-MMA, 97-2808-MMA, 96.-9329-MMA, 93-1549-MI, 97-5230-MMA. 97-0692-MMA, 97-4072-MMA, 97-1907-MMA, 96-0298-MMA, 89-0634-MMA, 94- 5886-MMA, 94-5885-MMA, 97-0234-MMA, 96-0795-M1VIA, 97-2036-MMA, 97-0940- MMA, 97-6239-MMA, 97-1197-ND,4A, 96-1545-MMA. 2. MISCELLANEOUS ITEMS TO FILE FOR KECORD WITH ACTION AS DIRECTED: 3. blinute~: Environmental Advisory Board - agenda of October 1, 1997 and minutes of September 3, 1997. Referred to BCC. Technical Advisory Committee 8: Citizens Advisory Committee - agenda of September 24, 1997 and minutes of August 6, 1997. Referred to BCC. l:tistodcal & Archaeological Preservation Board - agenda of September 12, 1997. Refen',xl to BCC. Park~ 8: Recreation Advisory Board - agenda of September 24, 1997 and minutes of August 27, 1997. Referred to BCC. Marco Island Beach Renourishment Advisory Committee - agenda for October 1, 1997 and minutes of September 10, 1997. Referred to BCC. ttispanic Affairs Advisory Board - minutes of March 6 and 13, 1997. Referred to BCC. Pelican Bay MSTBU Advisory Committee - agencls of October 1, 1997 and minutes of September 3, 1997. Referred to BCC. Planning Commission - agenda of October 2, 1997 and minutes of August 21, 1997. Referred to BCC. AGE'ND~ I'_'TEM OCT 21 1997 pg. I Ca'tific~don of the I..m~s in Collier County Iy/n~ w/thin tl~e bouz~l~ of th~ South Florida Water M~ent District. Cop/es ofR~aoludon ~97-53, "Adopting the Tax Rates and Certifying th~ Levy fi:n the South Florida Water Management District and tl~ Bill Cypress Basin" and #97-54, "Adoption of thc Budget for Fiscal Ycax 1997-98". North Naples Fir~ Control & Rescue District - final millage rate for the District for fiscal year 1997-98 and final budget adopted by the Board of Fix~ Commissioners for fiscal year ! 997-98, Refcrred to BCC, AG[NDA ITEH No.~ OCT 21 1997 p~. .-..,,fL 166 2 COLLIER ENVIRONMKNTAL ADVISORY BQ~RD/~GENDA OCTOBER I, 1997:9:00 Lin. COMMISSION_ BOARDROOM. THIRD FLOOR--ADM~TION ]~UILDING I, ROLL CALL II. APPROVAL OF MINUTES - September 3. 1997 III. ADDENDA Election of Chairman and Vice-Chairman IV. CONSENT/ADMINISTRATIVE APPROVAL AGENDA V. REGULAR AGENDA A. Planned Unit Development No. PUD-82-29 (3) The Retreat at Naples Section 9, Township 48 South, Range 25 East Collier County, Florida VI. OLD BUSINESS VII. NEW BUSINESS Review of applicationa for EAB vacancies VIII. ADJOLFRNMENT IX. WOILKSHOP Misc. Date: Copies lo: A. [Board Member:]: Notify the PLANNING SERVICES DEPARTMENT (403- 2400) no later than 5 P.M. on September 26, 1997, ifyou cannot attend this meeting o.r if you have conflict and thus will abstain fi.om voting on a particular ,.//petiti/w/ H~ncock / Constant tne__~ Mac 'K t e '4~rr y V,/_ NOTES: Page [General Publicl: Any person who decides to appe~ a decision of this boa.rd will need a record of the proce~ings pertaining thercto; and ther~ore may need to insure that a vcrbatim record ofthe procecdings is rn~de, which r~ord includes the testimony and evidence upon which the appeal is to I~ based. 166 MI~I. ITE$ OF TIt. E ENVIRONMENTAL ADVISORY BOARD DATE: 'FI~E: PLACE: September 3, 199'7 9:00 am. 3~ Floor Boardroom, Administration Buildins, Collier County Government C~ter, Naples, Florida EAB STAFF PRESENT Espinar X Burgeson X Foley ~ Chrzanowski X Hermanson X Lenberser X I-Fmct~ff X Mulhere X Saadeh X (Arrived 9:08 a.m.) Seal X Straton ~bsent Wilkison X Stephen Lenberger, Envirorumcntal Specialist II AD~IOURNED AT; M~IUTES BY: CALl,ED TO ORDER AT: 9:05 a.m. ~'~F~IDING; David S. Wilkison, Cksi~ ADDENDA TO TIlE AGENDA: APPROVAl, OF MINU'I'~: 9:40 a.m. Motion tnade by ]gr.,..t.[~ seconded by~ and carried 5/0, to approve minutes of August 6, 1997. FFEM: Regular Agenda - Item V.A PETITION NO:~ Plan.ned Unit Development No. PUD-82-29 (3) The Retreat at Naples CON'I'INU~D 16G Environmental Advisory Board Minutes ................................... September 3. 1997 Page 2 Regular Agenda - Item V.D PETITION NO; Planned Unit Development Petition No. PUD-97-11 Creekside Commerc~ Park REOUESTING; Cr~kside Park is proposed to be predominantly light industrial, warehouse, wholesale and distribution uses, financial institutions, business, office, and a limited amount of'retail use. REPRESENTED BY; George Varnadoe, Young, VanAssenderp & Vamadoe, P.A. F. Alan Witt, P. E, Wilson, Miller, Barton & Peek, Inc. MOTION: Made by Mr, He,man,om seconded by Mr, ~ and carried 6/0, to approve Planned Unit Development Petition No. PUD-97-11 with staff's stipulations. Water Management: The petitioner vail be required to obtain a SFWMD permit prior to final SDP approval. Add the following language to Section 5 of the PUD document: "The proposed native vegetation retention areas, depicted on the Creekside Commerce Park Master Plan, are intended for meeting the native vegetation requirements of' tile Collier County Growth Management Plan (CCGMP) and the Collier County Land Development Code (CCLDC). Adjustments may b~ made to the location of' the preservation areas at the time of' preliminary plat or site development plan approval. If adjustments are needed, per the CCLDC the applicant will have the option to increase the preservation in another area, enhance and preserve another area, or provide increased native landscape per the CCLDC. The proposed preservation areas, including 2.9 acres of wetlands and 4.1 acres of uplands, depicted on the Creekside Commerce Park Master Plan, are areas where the native vegetation requirements may be met as set forth in the CCLDC'. Remove the last sentence in Section 5.4 ofthe PUD Document as it is redundant and covered more clearly in the above paragraph. 16G Environmental Advisory Board Minute~ ................................... September 3, 1997 Page 3 Add the following language to the PUD Document: Environmental permitting shall be in accordance with the State of Florida Environmental Resource Permitting (ERP) rules, and shall further be subject to review and approval by Collier County Planning Services Department Environmental Review Staff'. ITEM: Regular Agenda - Item V.B .PETITIQN NO; Planned Unit Development Petition No. PUD-95-10 (1) Naples IIeritage Golf and Country' Club PUD REOUEST!.NG; Proposing to expand through the addition of approximately 15 acres on the south end of the project. REPRESENTED BY: Dwight Nadeau, P.E., MeAnly Engineering & Design, Inc. Gins Green, P. E, MeAnly Engineering & Design, Inc. Tyler King, W. Dexter Bender & Associates, Inc. MOTION: Made by Mr. ,5.~.4~ seconded by Mr, Foley_ and carried 6/0, to approve Planned Unit Development Petition No. PUD-95-10 (I) with staffs stipulations. _Water Management: The petitioner must modify his SFW~ff) permit to reflect the abo've listed changes. ITEM; PETITION NO: REOUESTING: Regular Agenda - Item V.C Planned Unit Development Petition No. PUD-96-42 (2)/DOA-97-3 Marco Shores PUD (Fiddler's Creek) To add i,385 acres to the existing Marco Shores PUD. Environmental Advisory Board Miuutes ................................... September 3, 1997 Page 4 REPRESENTED BY: George Varnadoe, Young, VanAssenderp & Varnadoe, P.A. Tim Durham, Wilson, Miller, Barton & Peck, Inc. MOTION; Made by Mr. Sao.0..ch, seconded by Mr. Fol~ and carried 4/1, to approve Planned Unit Development Petition No. PLFD-96-42(2)/DOA-97.3 with amended stipulations. Mr. ttermanson abstained from the vote. ~¥~tcr Management: The following standards and stipulations shall apply to Sections 18 and 19 of thc Fiddler's Creck portion of the PUD: Any pcrimctcr bcrm for Sections 18 and 19 shall meet Land Development Code requirements as to setbacks fi'om property line. Thc developer shall attempt to procure (from thc current landowner) a temporary water management easement in favor of Collier County along the east sides of Sections 18 and 19 to pass through existing flows fi.om culverts SIS-O0-S0220 and SIS-OO-S0110 to assist thc County in managing drainage on the U. S. 41 corridor and to attempt to re- establish historical flow patterns. The followin8 shall apply to such an easement: a. The temporary easement shall not exceed 130' in width. County shall be responsible for all permitting regardin8 said easement and constructing any needed outfall structures if the County desires to build the facilities prior to development of Sections 18 and 19. The above is subject to permitting by South Florida Water Management District (SFWMD). If the developer is unable, despite reasonable efforts, to obtain a temporary easement from the current landowner; then within 6 months of the acquisition of Sections 18 and 19, developer shall 8rant to Collier County an 130' "temporary" eascment to accommo<iate the con,~mction of a drainage easement as set forth in 11.17.B.2 Developer shall grant permanent easements as part of the platting process, and shall have the ability to change the boundaries of the easement and profile of the drainage swale during said plattin8 process, provided minimum flows are maintained. The permanent easement shall not exceed 85' in width, so long as the County is provided access within thc 20' maintenance easement required by SI~ ,rMD. Environmental Advisory Board Minutes ................................... September 3, 1997 Page 5 The purpose of the ea.scment sct forth above is to provide for acceptance of the flows from north of U.S. 41 which historically would have sheet.flowed across Sections 18 and 19. Any temporary outfall constructed by the County may be removed by developer if the flows accommodated by water to said outfali are routed into the Fiddler's Creek spreader swale system. Label the preserved wetlands on the south and west sidcs of Section 29 as preserve or reserve areas on the PUD Master Plan. Amend Section 2.2 (A) of the PUD Document to read as follows by adding the und~lined lan~_a.g~ and deleting the stmok-~Moughq~,uag~ Regulations for development of MARCO SHORES PLANNED UNIT DEVELOPMENT 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 PI<, Amend Section 5.1.3 (A) (4) of the PUD Document to read as follows by adding the ~.0.3X]j~l_lgng'uage and deleting the s~l~h~a~gamge~. Water management facilities; md structures, other a~c4fitee, t ur-oJ-t+ea t mea~ A non-exclusive conservation easement will be established pursuant to the Fiddler's Creek Wildlife Habitat Entuancement and Management Plan and Collier County Land Development Code Section 3.2.8.47.3, to the extent such section does not conflict with said Management Plan requirements. For the Fiddler's Creek .AddJ~~ exclu~.v_e easement shill comply with ~21kI_.C, ounLy l,and Development Code Section Environment:~l Advisory Board Minutes ................................... September 3, 1997 Page 6 ~ For a complete record of the proceedings reader is directed to the rape recording of' this meeting, located in the Office of the Clerk to the Board, 5'*' Floor, Building "F", Collier County, Government Complex. There being no further business, the mce~ing was adjourned by order of the Chair, Environmental Advisory Board David S. Wilkison, Chairman ?D/h:F~XB Stsff Rcportsfg-3-97 FAB Minutes Co~$tan ~lac '~ le 8err~ 16G Technical Advisory Committee and Citizens Advisory Committee ofthe The Naples (Collier County) Metropolitan Planning Organization Wednesday, September 24, 1997 2:00 P.M. Supervisor of Elections Building Collier County Government Center tne ,.~ Planning Collier County's Transportation Future... 16G 2 Agenda 2. 3. 4. Naples (Collier County) Metropolitan Planning Organization Wednesday. September 24. i 997 2:00 p.m. Collier County Government Center Supervisor of Elections Building 3301 East Tamiami Trail Naples, Florida Notice: This meeting of the Cltl:ens Advisory Committee (CAC) and the Technical AdvLsory Committee fei'AC) to the Naples (Collier County) Metropolitan Planning Organi:atton (MPO) Is open to the public and ctti:en Input Ls encoura£e& Any person wtshlng to speak on any $clfeduled ltem may do $o upon recognition by the Chairman. Any per~on destrlng to have an Item placed on ttte agenda shall make a request tn wrltLng, with a description and summarization of the Item, to tl~e MPO Coordinator at least 14 days prior to the date of tire next scheduled meeting of tire CAC/E4C, Any person who decide~ to appeal a deciMon of #tls board will need a record of the proceedings pertaining thereto, and therefore may need to ensure that a verbatim record of the proceedLngs Is made, w/rich record Includes the testimony and evidence upon which tire appeal Is to be base& Addenda Io the Agenda Approval of Minutes for the August 6, 1997 Meeting Old Business New Busln~s A. Presentation o/FOCUS Roads Committee Acttvlt/es. B. Co~wderation of .4mendment$ to the UPWP. C. Appointment of Members to a.lolnt Tc~lk Force with the Lee County Td£VCAC. D. Dixcuaston of Meeting Times and Corttinuance of ,lotnt TAC/CAC Meetings. Miscellaneous Correspondence l. etter from U.S. Senator Bob Graham In re3pon~e to receipt of Collier County Reaolution 97-2 regarding /,~FF~ rccruthori:aHon. Discussion of Addenda Adjourn 16~ 2' I II AGENDA ITEM Approval of the Minutes of the August 6, 1997 TAC/CAC Meet- 2 2 2 2 2 2 2 2 2 I I[ I I II III1[ I II I MINUTES OF TIlE TECIINICAL ADVISORY COMMITTEE/ CITIZENS ADVISORY COMMITTEE OF TIIE NAPLES (COLLIER COUNTY) M£TROPOLITAN PLANNING ORGANIZ. ATION DATE: August 6. 1997 TIME: 2:00 P.M, PLACE: Collier County Government Center Supervisor of Elections Classroom Building B Naples, Florida TAC MEMBE .RS STAFF blEMBERS Wayne Arnold X Missy McKim ABS Vince Cautero X Edward Kant X Richard Gatti ( I ) Ted Soliday (2) Glen Ahlert ABS Frank Meares X John Starling ABS Ken Heatherington X Amy Taylor X Gavin Jones X TAC ALTERNATES (I) George Archibald (2) John Barnhart TAC NQN-VQT1NG MEMBERS Bill Lorenz ABS tL,'thur Dobberstein X Larry Anderson ABS Roger Krahi ABS Robert C. Daniel ABS Sherrill Culliver ABS CAC MEMBE.RS A. Gall Borman X Christine Straton ABS Sally Barker X Reed Jarvi ABS John Asher X Jack Pointer X Walter Johnson ABS GALLED TO ORDER 2.10 P~M. ADJOURNED: I~RE$1DI~4Q; Wayne Arnold, TAC Chairperson MINUTES BY: Gavin Jones \ ~ 3.45 ITEM i. ADDENDA An item was added to consider an extension of the David Plummet and Associates Task Order to produce a Congestion Management System. ITEbl 2. APPROVAL OF TAC/CAC MINUTES of May 21, 1997. For the TAC, Mr. Kant moved approval of the TAC/CAC minutes for the meeting of May21, 1997. Mr. Archibald seconded the motion. The motion passed unanimously. For the CAC, Mr. Asher moved approval of the TAC/CAC minutes for the meeting of May 21, 1997. Ms. Borman seconded the motion. The motion passed unanimously. ITEM 3. NONE OI_,D BUSINESS ITEM 4. NEW BUSINESS 4A. Prioritize the1997 ISTEA Transportation Enhancement Project Applications. The committees heard from spokesFeople fi~r each of the enhancement projects. Mr. Meares said that separate projects could be combined ifthey were functionally (not necessarily geographically) connected. Ifa pair of projects rm'fi:ed together as number one proved to be too expensive, FDOT would request reducing the total amount requested, at which time one of the projects could be dropped, For both committees, 5Ir. Archibald moved that the projects titled "lmmokalee Sidewalks" and "South 5'h Street Sidewalks" be ranked together as number one. Mr. Pointer seconded the motion. The motion passed unanimously. Mr. Kant moved that the "Rural Safety Refuges" be ranked number two, anti "Goodlette Greenway' be ranked number tl,rec. ,Mr. Barnhart seconded the motion. This motion was defeated. Ms. Borman moved that the "Rural Safety Refuges" be ranked number two, anti "immokalee Downtown Streetscape Beautification" be ranked number three. 31s. Barker seconded the motion. The motion passed unanimously. 4B. Recommend the MPO's 1997 Unfunded Priorities. Mr. Kant moved to endorse the prioritized list as it is included with these minutes. Mr. Archibald seconded the motion. The motion passed unanimot, sly. 4C. Recom~nend the MPO's 199'/Aviation and Public transportation Priorities. For both committees, Mr. Kant moved to endorse the aviation and public transportation priorities as they were included in the agenda package. Mr. Archibald seconded the motion. The motion passed, with Ms. Borman dissenting 4D. Recommend the lntermodal Development Priorities. For both committees, 3lt. Archibald moved to endorse the sole Intermodai Development priority, a second Gordon River bridge aligned with North Rd. and Central Avenue at its end points. 3Ir. Kant seconded the motion. The motion passed unanimously. 4E. Review a draft publication titled: Citizens Guide to the Ns?les (Collier Coun.O9 Metropolitan Planning Organization. This item was deferred 4F. Endorse the David Plummer and Associates Task Order for a Collier County Service Volume For both committees, 31r. Archibald moved to recommend that the MPO approve a Task Order for David Plummet and Associates to produce new Level of Service Tables for Collier County. unanimously. Mr. Kant seconded the motion. The motion passed rrEM 5. Miscellaneous Correspondence and Discussions Mr. Meares introduced the new FDOT liaison for the MPO, John Limbaugh. ITEM 6. Discussion of Addenda The re-scheduling of the August MPO meeting to August 8 meant that the first chance for David Plummcr and Associates to present their final report on the Con$cstion Management System to the MPO would be late September. For the TAC, Mr. Kant moved to extend the completion date on the Task Order to David Plummet and Associates to develop a Congestion Management System until September 30, 1997. Mr. Archibald seconded the motion. The motion passed unanimously. For the CAC, Mr. Asher moved to extend the completion date on the Task Order to David Plummet and Associates to develop a Congestion Management System until September 30, 1997. Ms. Borman seconded the motion. The motion passed unanimously. ITEM 7. Adjourn 3:45 p.m. i~G 2 1 6G 2 ~GENDA ITEM Old Business (None) 3 3 3 3 3 3 3 3 3 16G 2 AGENDA ITEM Presentation of FOCUS Roads Committee Activities 4A 4A 4A 4A 4A 4a 4A 4A 4A EXECUTIVE SUMMARY 16G 2 Pre~e=tntiom of F(I~CL'$ Roads Committee ActlviOez Objective: To bc inform~ of FOCUS Roads Commirtoe activities. Considerations: Norm Trebilcock and Anita Jmdfins from Wilson, Miik'r, Barton and Peek will be presenting fin' the FOCUS Roads Committee. Mr. Trtbilcock will provide a grmenti up&s!e of FOCUS activities and will submit for ~he committee.~' cc, nsidcration. FOCUS'~ proposed changes to the 202.0 Needs Assc~mcnt N¢~vork. Ms. Jenkins will be presenting typical cross scc6on proposed by FOCUS. Mi~) Staff Recom mend-, tton: is rcq u ir,_-d. 'lhis is an informational item only. No a~:tion Date: Me~ing Nole-s lMotton: blade by: Second by: Vote: CAC~TAC Al~em:la] September 24, l~r,/ Item o./ C,~OT~C~AL · ~T~I~tAL$ CO~3~T~u~T~ * FOCUS Rm~d. Committee~,' July 21. 1997 F. OC~S Network to ~c 10lO NEED5 Network kamd'-idmnd Z~772 (Fex) (301) 3:::~-1 ~7 9~0S W~ eg~ (3O3) ~ (F~) (3~3~ St Andrc-~ Btvd 1~~ Hazmnock Rd 2nd Gord~ ~e~ Bdd~ Goodlc~ Fr~k Rd ~ Ble,~nu'Rd 111 th Ave Vanderbilt Dr Wi~ P~ss LoBxn Bird Gol&~ ~ Bh, d End of Memorandum WIGGINS PASS ROAD CR [t88 11 lth AVE N GULF SttORE DR GOODLETTE-FRANK CR 851 PINE RIDGE RD CR 89(5 N GOLDEN GATE PK~Y CR 886 0 I 2 \3 Scale In Miles <-BONITA BEACH ROAD CR 865 /-VANDERBILT DR CR O0 t " IMMOKALEE Illllll -_ . BAYSHORE ROAD 16G 2 -- FUTURE E/W ARTERIAL CR 84e IIIIIiUl /~. VANDERBILT ~ BEACH RD - CR 862 GOLDEN GATE BLVD GREEN ~ c~ BLVD u_ .~RADIO RD CR 856 BLYD ~ SR ~m Illlllllill ~ -HAMMOCK ~ ROAD CR IIIll[ lin GRAND LELY DRIVE LELY RESORT BLVD FOCUS BUILDOUT HIGHWAY NET~ORIC Completed July 18. 1997 16G 2 16G 2 ' i 16G 2 16G 2 16G 2 16~ 2 AGENDA ITEM Consideration of Amendments to the 1997-1998 UPWP 41B 4B 4B 4B 4B 4B 4b 4B 4B EXECUTIVE SUMMARY 16G 2 C~ldcrat~ of lhe 1~O'O', I'r~pos~ Am~t~ ~ the 1~7-1~ Unlfk~l Flashing Werlt Program ~ To have td~e TAC sad CAC n~K-w smd cmmd~t (UFW~ for flacal 199'/-199~ Cos,.d~ ~ )~ar, tl~ M~O ts ~ to dew. k~ and s~n~t to FtlWA a U~if~! P~ir~ Work Progr~n (UPWP). Th~ UPWP ~ ~ th~ ~ s~d L"udi~ti~,g doo,~mcnl fo~ t]~ MPO fo~ the coming f~:~t! ~ I~girming J~ly l~ T'ne Ul~ArP w'as a~e~,-=d by I1~ bi:PO n~ the re~,~a.rly ~,.~d~d~ meeting of April 25. 1997. ~ ~o both fodr. r~ and st~ mq~ the UPWP ~xi Metrop~itan I1 1.4 12 1.I 15 1.4 16 2.3 17 2.1 19 2.3 2O 3.3 20 ~.4 20 3.5 21 3.1 ~.4 3.3 ,~5 3.4 26 3.5 27 4.6 30 4.2.1 34 4.5.1 35 4.6 ~ ~ of FTA ~ 5:303 Funds ('Ne~ Task) Str,~ S~q:-~-~ of FTA So;tion ~3 F~ ~ T~ ~~) T~~ ~ ~ ~~ ~l~ ~ Ta~) ~y T~ ~~t ~t ~ ~ Ta~) T~ Tr~ ~ ~ ~ ~ T~ ~nl ~ ~ T~) T~t ~~ ~ (~ T~) ~ Ne, tes EXECUTIVE SUMt%tARY 16G PAGE TWO 2 C~ ed' t~ l~'O's Propeod Amendments t6 the 1~97-19'~ Unified lquustoS Wsrk 1'~ $303 UP~t' r~ 2.3 Dutlt StuN'citLtnct 4.6 TrmmJ~ lV',ark~tiug S Z, 00~l $1,000 $1,000 $10,000 ~ 3,I00 $ 310 $ 310 S 3,720 Sg~,~ ! 24 $9~9Jl S9193; S 100~0~ That the TAC ~ the Amcadmenl~ to ~ 1997-I~93 UPWP ~o I~ MPO for D a~.:* 09117/97 M~de by: Seeoad by: TAC/CAC Ima XT&C~2497.DOC J 16G 2 posed DtLA~T Amendments to: Fiscal Year (FY) 1997-1998 Unified Planning Work Program for The Naples (Collier County) Urbanized Area Naples (Collier County) Metropolitan Planning Organization September 1997 NAPLES (COLLIER COUNTY) METROPOLITAN PLANNING ORGANIZATION FISCAL YEAR (FY) 1997-1998 UNIFIED PLANNING WORK PROGRAM l, aplcs-Colll~ Metropolitan Plannins Orpnizatioa Florida ~ of Transponagon. District One Southwcaa Area ~ TABLE OF CONTENTS 16G ACRONYMS INTRODUClqON ORGANIZATION & MANAGEMENT WORK PROGRAM 1.0 PROGRAM ADMINISTRATION 1.1 Program Manasement 1.2 Program Development - UPWP 1.3 State Support/Match for FHWA Sec. 112 Planning Program 1.4 State Support/Program Assistance for FTA Sec. 5303 2.0 DATA COLLECTION AND SURVEILLANCE ACTIVITIES 2.1 Land Use & Socioeconomic Data Analysis 2.2 Trtffic Count/Crash Data Analysis 2.3 Transportation Data and congestion Surveillance 3.0 SYSTEMS PLANNING 3.1 3.2 3.3 3.4 3.5 Long Range Transportation Plan Update Transportation Improvement Program (TIP) Development Transit Service/Development Plan Immokalee Mobility Study Tamiami Trail Scenic Highway Corridor Planning 4.0 PROJECT PLANNING 4.1 4.2 4.3 4.4 4.5 4.6 Transportation Disadvantaged Program Special Studies Comprehensive Pha Development Assistance Bicycle/Pedestrian Pathway Planning Program Systems Managtnnent Plans Transit Marketing Planning 2 10 il 12 13 14 15 16 17 18 19 20 21 23 24 25 26 27 28 29 31 32 33 35 TABLE 1 TABLE 2 TABLE 3 TABLE 4 TABLE 5 LIST OF 'FABLES Asency Participation Table Funding Source Table Estimate of Total Expenditures for Prior Year (96/97) UPWP Budget Requirements for Next Fiw. al Year Fiscal Yeas' (98/99) ISTEA Metropolitan Planning Factors Matrix 36 37 3~ 39 40 16G UNIFIED PLANNING WORK PROGIL,~.M FY 199%1998 2 ACRONYMS USED IN TIlE UPWP Acronym AICP AUIK B-BOPP BEBK CAC CFASPP CFR CTC CUTR CUTS FAC FDOT FHWA IATS ISTEA J'PA LCB MPOAC MSA NATS PAC PD&E PL PUD SWFPd:'C TAC TIP USC Full Name American Institute of Certified Planners Annual Update and Inventory Report Bike, Bus, carPool or Pedestrian Bureau of Economic and Business Research Citizens Advisory Committee Continuing Florida Aviation System Planning Process Code of Federal Regulations Community Transportation Coordinator Center for Urban Transportation Research Coordinated Urban Transportation Studies Florida Association of Counties, Florida Administrative Code Florida Department of Transportation Federal Highway Administration Immokalee Area Transportation Study Intermodal Surface Transportation Efficiency Act Joint Participation Agreement Local Coordinating Board Metropolitan Planning Organization hiPO Advisory Council Metropolitan Statistical Area Naples Area Transportation Study Pathways Advisory Committee Project Development & Environment Planning Planned Unit Development South West Florida Regional Planning Council Technical Advisory Committee Transportation Disadvantaged Transportation Improvement Program Unified Planning Work Program United States Code UNIFIED PLANNING WORK PROGRAM FY 1997-1998 1.0 PROGRAM ADMINISTRATION 1.1 Program blanagement 1.2 Program Development- UPWP 1.3 State Support or Match for FtlWA Section 112 Planning Program 1.4 State Support of Program Management and Technical Assistance (FTA Section 5303 Funds) 11 16G 2 OBJECTIVE: To initiate and properly manaS'c the ~ tranqx)rtadon planain~ proct~ cnsurin~, that it i~ continuoua, PREVIOUS WORK: Collie~ County ~ Naples City staff hav~ ~ to complcu: the necmsa~ Info,local Aip'ocrrmnts, rules a,'ad tasks ~o ensure · continuo~s, cooperative, and comprchenaive uanst>orution pla,ming proc~n in tl~ Naples Ud:,s,n~ Ama. AJmual certification of complk%nc~ with applicable Federal h~ ~1 r¢sulationa in prior tlscnl ran. METItODOLOGY: ColLier County ixmdd~s staff rapport to t~e MPO, the Technical Advisory Committee, and the Citiz~na Advisory Commillt~ ~ Statl'wili implement the work t~&s as contained in th. is UPWP. Other ~Lmirdstr~dv~ ncti~it~s include: o Pmvidin$ local liaison to FIX3T, SWI:RPC, aad other tran.~on 8~a~ps mcm ~mon; o ~i~ ~ ~ m ~ T~ ~ Com~ ~A~, Cid~ ~ o ~n~i~g ~ ~n8 for p~r ~~m of c~g~ ~ffo~ ~ ~t ~n~ a~i~ ~ ~; o I~ ~ ~ ~ ~ ~ ~t~ in ~~ M~ ~ Collier Co~ B~ o ~ng ~ ~~ ~ ag~ ~fion; o ~ng ~ ~ ~ ~ ~ ~ ~ ~ for mmpl~; o A~ ~ ~ ~ ~ ~AC ~n~ o D~m~ i~o~ ~ng ~ ~h~ ~ ~ a q~rly ~lcttcr. ~ b~h~ END PRODUCr: Compi~on Date(s): June 30, 1998 lbd ~' OBJE~I~: PRE~OUS WORK: ME~IODOLOGY: CoUi~ Coun~ ~A ~L) ~,697 PREVIOUS WORK: Annual Sta~ support ~inc~ 1911243. Thh task wna divided among va~rious work tasks as nalutmd to ma~h F_,':~___ml PL Fu.rd~. M ETIIODOLOGY: The FDOT will assist th~ MPO staff in the ~idance and supe,~iston of ndministrativ~ tasks and project planning efforts. Mana~ efforts include [uidance ~d supervision of ndministrativ~ tasks __iwx'~___~ to caJ'ry out tmn.sporation planning process. Teclmical assistance includes both computer se~ic~ ~md staff aralysis of v'a..ious systems ~,d project planning eft'om, Fo~ Fiscal 1995-96 (and 1996-97), PL llunds will be by =soft match" provided entirely by FDOT (exccp~ for the pu~ah&te oi' equipment). The "tm match" Is toll rtwenue expenditures thai ar~ applied as a c'tedit to the non- Fedcrnl matchin~ share, Thc amount identified represents the amount of soil match r~uired, both stat~ and local, fo~ the amomt of FHWA Section 112 Pi functs budget~xl in the UPWP for sarious t~sks. END PRODUCT: Compktion Date(s): Not applicabic Transportation FDOT (Soft Match) S73,341 16G 2 TASK. TITLE ,~< State Support for.~ m.~.,,..~ .... ;c ...... PAGe. 15 To provide ~idance, technical tssist.~ and one-Mil t:., ctsh match to ~ MI~, MI:'O s~l'. and varto~ conunim:cs in support of thc tr'lnsit planning activities, PREVIOUS WORK: M ETtlODOLOGY: The FDOT will assisl tl~ MPO staff' in the gxtid~nce and supervision of tmasit project planning effortt Manageracnt efforts include st~ support in the l'orm of a cash match. Funding in this c~tego~ is contingcnt upon the execution of a Joint Participation Agreement (IPA) between FDOT ~d the MPO. END PRODUCT: ~ _nn,~_ timely retponse to m~ and teclmicnl pr'oblcma leadin~ to the eventual impletr~ntath~ of I:n~jec~ a~d a ~ m~tch to be used in co,junction with FTA Section 5303 funds. Florida ~t of Transportation mw^ (vt.) s FTA 5303 Sg,000 STATE $1,000 LOCAL $1,000 16G 2 UNIFIED PLANNING WORK PROGRAM FY 1997-1998 2.0 DATA COLLEC-YFION AND SURVEILLANCE ACTIVITIES 2.1 Land Use and Socioeconomic Data Analysis 2.2 Traffic Count/Crash Data Analysis 2.3 Transportation Data and Congestion Surveillance 16 1 0~~I~: 6G 2 PREVIOUS WORK: Collection of the base y~r soclo.~msomlc data (ZDATAI, ZDATAI) for tl~ NATS Transportation PLan. land s~e fom:a~ fo~ 199~, 2000. 1005, ~010, stat 1010. Revised foa:ca~ fo{ 1000, 1010, and 1010 -- dcvdopod. METttODOLOGY: The dev~l~ of the 2020 needs ~xl Financially.Feasible P¼as tre ~,ed, in ~ on estimau:d travel d~namd ~e~sted by projec'u:d ~ ~ projectin8 where Otis Lxnd use ~xivity will taie place is a process ~ ~ll possibi~ w/th/n etch tralTg: nn~l.vs/s zone by tl~ horizon y~'ar. Interim ~ ZDATA requir~d tre ZDATA se. ts for · recent yl~r. and for the buildoul conditJon~ For 1990, pop~ation nun,:rs I~i~r~ £~' each TAZ. Ixts~ on U.S. ~nst~/nformatimt; th~ ~ eslin~tes for population in ~ TAZ in tl~ year 2020 are ~ dose to ~ buildout v~Ju~ Interim yexr c~-ulafiom foilc~v as~unptio~ of how TAZ The raw da~ coll~cu:d by lool and sta~ phoning a~ will be mmpiled ialo a usal~ f~ ~ad will he di~.h-ainaled u appr~pfia~ The collecting ~ ~ ~H ~ ~n~ In ~ ~ ~ ~~~~th ~m~~~~~F~~~~ll ~~ ~. ~ fo~ ~ ~ ~a ~ ~ ~ng ~ ~ ~~c pm~om d ~ U~ d ~'s B~u d ~ ~ B~ ~h ~R). ~~ ~s): J~ 30, END PRODU~: Cotli~ County UPWPTASK NO: 2.2 16G 2 TASK,tITtLE:' ~ Traffic count/Crash Data Monitoring &Analysis PAGE: 18 OBJECTIVE: To compile and ~ wat'ric v~um~s and c'rzsh data on the arterial and collecmor roads in the study a~a for ~ ~ ~ UPWP pruJe~ts inch~iing: the TIP. Con~:stion ~mcnt Sys~m, Bic')cleYPudesu'i.~ Pmgra~ Immdtake Mobility Study. n~d the Long i~tnge PREVIOUS WORK: The O~-l~/nI ~ c~m inJ'~ pru~m and Annual Traific Coum I~'po~ P, thwa,/~ BicTcte stol Pedestri~ Cr'tsh Scstink~ analysis of historical data ~d d~xlopment of trends, METHODOLOGY: C.m~m~ the o~nt:/htion of local snd ~ t.'affllc counts wi~n C~li~ C~. ~4~ ~ ui~nI ~ ~ ~ ~ ~11 ~ ~ ~ ~ ~ ~ ~ ~ ~ ~o. ~ p~ fl~~ in ~1~ ~~ will ~ ~1~ m ~ in ~ pro--ming ~ imp~menu ~ ~ ~te ~ ~ ~. ~s is ~ ~n~ p~. In coo~r~tion with the Collier Coonty Public Works ~n'~nl's Transpor~tion Division, iMPO stall will mssisI in the development ora of permanent traffic count ~'uion network. StatI will wvicw lhe tr~c mo~toring ruports pruvidcd annually by approved Plaru~ Unit Dc',~clopment~ and D~'~lopments of P,.cgjonal Impacts. This data, which includes some 0/]3 irffom~tion will b~ used to supplement th~ data being colkx:m~ by Collier County. Accident/cr',uh ~ will be obtained from local and slate agencies including the Honda Highway Pau'ul and local polico st4 sheriff offices, Addhiomal data collection requirements are anticipated ~s a result of the p.at<.ag: of the lntcrmodal Surfaco T~tion Eff~icncy Act (IS'lEA). Sub-T~k 2.2.1 - Tr~flic Cou~t Equipment END PRODUCT: Completion Date(s): April 30, 199g Compilcd traffic c~mts, used throughout the planning pr~ext, will be colle~ed tm/doaum:nted in brid' ~ ~ rd~,-ting ~s~m a:~mts ~ coml:arim~. Two summary r~orts ~ the Annual Tr~F~c Co,mt and P~thsszy Plan Bicycle nnd p__e,~___~ Crash Analysis, Collier County Funding Sources Task 2.2: Task 2.2.1' T~ 2.2.1' ~A (PL) FH"WA (PL) $10,961 $11,470 $ 2,530 16G 2i ,UPW~,iTAS,~NO.~.:_3, TASKTITLE,~Transportatiou D~ita and.: .. PAGE. O~E~I~: PREVIOUS WORK: METHODOLOGY: and l~scs~T.h (H~&~) pml;ram, Clc3n Air Act compliance monitoring, and ltif, hway I¥.rfonnam~ Monitorin; Sys~n O~lS). ~ 8xsidcs provide for coo. sistcnt and n',caninLM coflcction. ~nf. s~d rctx~n~ of u-alr~: and ro~lway dat~ thai is comi~tibl~ with th~ ~xisting ~nd plafm~l ctat~base syslcms in the FDOT's Tr~~ Statistics Offic~ co~litioua. The volume Io LOS st~xlafd ratio alrandy r~xxted in Lt~ AUIR will be used ~o identify po~-ntially c~st~l roao'wr/s~n~ts O-~ 1~ and the a mor~ dtnaikd analy~ ~'th~ ~ w~tld be pe. rform~d uain; the FDOT ART_PL~ peck'am (T'~ ID. Evaluation o~~t7 ~ scrvicas will be an on-going process dgsigned to asscsa the icv~:l and quality of transportalioa scawiccs bcin~ prm4dcd. Thc cva.luation will a,s,scss whcl. hcr sc~,'iocs nrc n~'ting tl~ END PRODUCT: Compl~ion Dab(s): Jun~ 30, 1989 Coti~ Ccx,trl~ FHWA (PL) $3,758 FTA 5303 $3,100 STATE $ 310 LOCAL $ 310 16G UNIFIED PLANNING WORK PROGRAM FY 1997-1998 3.0 SYSTEMS PLANNING 3.1 Long Range Transportation Plan Update 3.2 Transportation Improvement Program (TIP) Development 3.3 Community Transit Planning/Transit Development Plan 3.4 Immokalee Mobility Planning Program 3.5 Tamiami Trail Scenic Highway Planning Program 20 ' '~ UPWP~TASK NO: OILIEC~IVE: p 3.1[ T~K TITLE: . PAGE: 21 To revisit the community's vision of tbe Naples-Collier Urbaniztxt Art~ Long Range Tr'msportation Plan and c,alua~ propose____ amendments, including the proc~sst'-.g of appropriate amendments, to be consi.stem with the planning r~quirtmcnts idcntitlod in Chapter 163, Florida Statutes, ami IS'rEA (23 USC 134 (g)) and 13 CFR, pml 450). Subpan C-Metropolitan Transportation Plannlr~ a~l Pmgrtmmin& PREVIOUS WORK: A. dopu~d Long R.xnge Tnm~ortation Plan, including the 2020 Financially Feasible Plan; Intcrim Yea~ Population ~nd Employment C~culations Study in 1996; C~[liex County 2020 Tranq~rtnfion Needs A.uc~mcnt R~-Evaluation in 1997; and Annual preparation a.,xl adoption of the Transportation lmprovengnt Program (TIP). METHODOLOGY: The Naples-Collier Urbanized Are~ 1997-1998 Long-Range Transportation Pla~ U~ will rtflect the guiding of the MPO's vision, input from an e.x~nsive public involvement process and the coordination of on-going technical initiatives, such as firmncial rcsourct projections and zonal data rtfi~ments. The M2~'s sdo~ed 2020 Financially.Feasible Plan is ~c~ ~ly to c~m ~i~c~ ~ ~ appli~le p~o~ ~ IS~ ~ Mcu~li~n Piing ~d ~gc~nt S~c~ Rul~ ~ ~ofi~ ~w. ~s u~ ~ a ~nim~ ~ ora ~ of~ follo~ng: (1) ~ g~s ~d ~j~ w~ch ~p~n ~ ~r ~ ~l~k p~o~ of IS~A ~ ~od~ ~ (2) ~c~ wi~ app~ I~ g~nt ~mpg~ P~ ~~ ~o~ ~li~ p~ ~ ~ Hofi~ T~goa P~; ~ (3) a ~ ~g ~ ~ long ~ p~ i~l~ng ~ ~lop~m ~ imple~nm~on ~ ~t ~11 ~ m i~ag ~ IS~A's S~n M~li~ Pl~ng F~on into ~ ~ piing p~ (~ Table 5, ~o~li~ Pl~ning F~ ~x). TM MPO's Long Range Plan annual review will be dcvtloped in a manm:r consistent with the MPO's ndoptcd Public Involvcmcnt ~ Manual. Opportunities will be provick:d during development of the plan, for public ini~ as to possible changes Io h-,msportation ~ltematives and kznd use scenarios. The Citi~ns Adviso~ Committ~: (CAe) will play an nctive role in rt'view. TM MI'O's nev,.slett~r a~l brochure will be ~ lo prm4de dmcJ7 utxtatcs to intcmsled citizcm and a,lv, m-ies as to tbe pmgmsx ~ the r~,iew, as wtli as providing noiic~ rtgzrding oppocmniti~ fo¢ input o¢~ Iv{PO ptans and projcct.t END PRODUCT: Completion Da~s): March 1, 1995 Napics-Collkr Urbanizat Ar~ 199%1998 Long. R,ang~ Transportation PLan Update ':,',:' e ';"' i F dl Sources enc· · ng Collier County Task 3.1 FHWA (PL) $ 6,263 OBJECTIVE: PREVIOUS WORK: Axk~exl L~l Ran~: T~ PL~, izv'.JLxfiflI ~ 2020 Fir,.u~ialb/F~auible ~ METtlODOLOGY: TI~ MPO's ndopi~ 2020 Fina.nci~l)'-Fca.sible Pla~ mua be rtvi~-w~ ~m~alb/m ~ ~l~ p~ ~ I~ ~ ~li~ Pgat ~ ~ga S~ R~ ~ ~ ~w. ~ ~ ~ a ~m~ ~11 ~ ~ (1) ~ ~s ~ ~ wh~h ~ ~ ~ I~ ~ ~o~ ~ ~) ~~ ~ ~ ~ ~nt ~p~ p~ ~ ~ ~1~ p~ ~ ~ ~o~a T~ ~ ~ (3) a ~ p~ ~ng ~ ~~ ~ impl~~ ~a ~ will ~ Io i~te ~ K~~ ~ng F~ in~ ~ ~ p~ing p~ (~ Table 5. ~li~ P~ng F~ ~). This Task d~crib~ a~klitioral t~Cmical work that tony need to be performed by thc MPO's cormdt~nt the Loa~ Ra. ng~ Tr'~xspoct~on Pl~a's annual review if ~. END PRODUCT: Compl~on Dates): March I. 1998 Amsual revic~ dthe Loag-Ran~: Tm, xqxnufioa Plan by March I, 1998. Comer County Task 3.1 FHWA (PL) S20,000 OILIEC'rlVE: Dew, lop a T~ I~ ~ (T1P) for FY 1999.03 that tdemtlks ~11 state and locally flmded the requirements of 23 CFR, PREVIOUS WORK: METHODOLOGY: This task ts tJae devgkqm~a~ ~' d~ T~ Improvcmcnt Program (HP), a traaqxxaa6on ~ including and ammal clement. The FY 1999-03 ~ will be devclogcd la coopcratio~ with the FTxYr and the units of local govcmmcnk ~nd will be drawn from cxtsttnl ~ (somctimca ~n&) ptosxama, plar~ and mxtica, and will bc consislcnl wilh regional prioritic~ and fln~-i~l constmin~ Upo~ ~dop6oa, tl~ TIP will bc published ~.d distributcd u rcquircd ~ d',c FIX)? Dirccxivc cnfid,xl ~_~nworf~tlon [m~ent Proem (TIP) D~flopment and Review (Topic No, .~ 2 ~-010-012-0~. Possible inconsistea~es wi~ adopted local comprchcnsb~c plans will be identified, ikmcdial actions will b~ developed sad impkmented to correct a~y in~nsigtgncic~ to tl~ maximum extent feasible. Thc TI~ will bc dcvciop~ in a manrg~ consis~nl with thc MPO's adopfcd Public lnvolvcment ~ Mm~u~l. Provi.~ fo~ public i~:mi/nm tl~ de~lop~ of thc u~unded priorities sl~ii Ix: made ~o camrc ~ ~ public has bad sa oppol'mniry for inpul inio thc development ol'the FIX)T's Dim-ici Tr. ntativc Wo~ Program which ulfima~ty ~ pan o~ tt~ TIP. In sdditioa, public commit is ~gcd in tl~ dcvclopmcnt County's ~ program through ~ Anaual Update and Invemtory Rtpofl (AUIR) procts~ which uhima~:ly k:ads m tha: sdoptioa ~ tl~ Capital Im~ Elem~t END PRODUCF: Completion Daig(s): July 1~, 199a T'ne FY 1999-03 T~on lmpwvcmcnt Program (TIP) Collier County FHWA (PL) S9,446 O~E~I~: To ~t~~~~ ~~~~~~C~~ PRE~OUS WORK: ~C ME~ODOLOGY: ~in~~~ ~ ~ ~t ~i ~ fl~ END PRODU~: ~3o3) ~8,~ Co~ T~ S~e ~,~ c~~ (~c) ~ ~ ~ ~,~ OILIECTIVE: To continue tl~ imp~ of a 3-C tr~sporiation pLttmin[ pr~i;mn la the sm~! ~ a~a of lnunidtai~ comist~t ~ith t~ pr~siom of :13 CI~ par~ 4~0, Sul~pnn ¢. PREVIOUS WORK: In 1992 tl~ MPO ~m~k-__~_ its ~lit,~n Ptsaning Ar~a Boun~ry to i.clude tl~ tnd th~ ~ trial ~ lqapl~s nnd Intmok~iee, Dwing FY 1993-94 the MPO Immcdta~e Ar~ Tr~ns~t~k~ Stud~ (tATS). Staffing limitalions ha~ forced ~ drays stnc~ METHODOLOGY: to ~is~.i~ and r~ probl~ns ~iU be ~xl for i~lic ~ END PRODUCTS: Completion D~tc($): Sun~ 30, 1998 The ~ Ar~ Motdli~ Study. The m~dy w~tld ~e tnch~ed In the MPO's Long Ran~ Plan by · Plan tm~ndme~ Complakm by l~ne 30, 199[. 2 UPWP TASK NO: 3.5' TASK TITLE: Scenic Highway DeSIinafion ,, NoU-Urbauized Area Planning Program PAGE: 26 OBJECTIVE: To continue the ~ ofa Y.C tmnspor~Jon pl~nin$ program in the ~ sres.s of Coill~r County consiste~ with ~ provisions of 23 CFR, p~ 4X), Sub-? m C, ~ ncb. icvin8 Fiodd~ S~:~ic }iilhway dcsi~ for · sel~nent of t.~ Tsmiami Tml (US 41 Easl), PREVIOUS WORK: Tm Trail Corrkior ^dvocac7 Group. The purpose of the [x~up ~ to olxatn ~c ~ ~~~~~~~~~. ~~~p~: (1) ~i~i~ ~ (2) ~ ~~t Pl~n~ ~ (3) P~ Impk~n~fi~. S~ ~ ~ ~ ~ G~ ~ ~ ~p~lon ~P~ O~, ~ f~ ~s ~ M~ t~1~ (1) ~~~ ~ ~~~ ~i~fio~ I.e. ci~ ~, S~Ie ~ ~flo~ ~blic I~ offic~ ~on ~s~; (2) ~ ~p~y p~ ~u~; (3) ~~nt ~ ~fin~; ~ (4) ~ mmpl~ of p~ ~ f~ ~ tim p~ to i~lu~ ~ cli~bili~ a~li~on, ~n~ a ~o~ ~. ~ T~ T~I Slo~ ~i~ p~nm~o~ a~ a ~i~ ~ci~tion pmk. METHODOLOGY: ~ focus of this task is Io assisl a Corridor Advocacy Group ~4th the completion of the Florid~ Sc~ni~ Highway Program's Designatio~ Phase. Upon ~ c~mpletion of this phase, th~ Tamiami Trail, from Collicr-Scminole Slate P'm'k to the Dade County line., will becon~ a Florida Scenic Highway. Os~r eighty I~rccnt of the roadway ~ ttu~gh public lands ~d pmvide~ tl~ traveler with unique scenic vistas of Old Florida. Planning activities and work pr~ucts required for this phase involve the pr~:mrafion ora Corridor Management Plan. Tasks include (I) implementation cd' the community participation program; (2) coramunity evaluation of goals m~l objectives (3) creation ara Corridor Story'. (4) est~blidunent of funding and prormxion plans: (3) an analysis of the exisling conditions and ruadway's n:htionship to the Collier County Comprehensive Plan: and (4) d~,eiopment of a cemmuaity based action plan and schedule. This task is inte _r~e__d to provide for the contimting effort associated with tl~ expansion of the MPO's planning program into the nomuban ar~a. it inclt_,des__ activities such as (i) coordination with cithzns, irst~m groupa, elected officials, state agencies, local govtrnmcnts and public land managers: p,'qxtratieu of[rants and agrt~ments as ~ (3) community ~,-al~mion of goals and o~jcctives; (4) rtvicw of pt~s4otts~ prtpa~d studi~ and pertin~t pla,ming doc~,ncnt~ and (5) de'vtlopment ofa slrat~gic plan fo~ implem~w, alie~t Spedf'x: str~egies ·nd/or cnpilal improvements ick:ntifkxt as possible erflxa~o:ments or w~utions to proble~us will be ~walual~l for public ncx:cptan~. END PRODUCTS: Completion Dates): Jun~ 30, 1998 ~ ~f tl~ ~ Sc~n~: Highway D,c:s~gnaLion Applic~ion Tmmami Trail Sa:mc Highway Comdor Ma~a~:mc~ PLaa (complction dau: depoxkal on funding . ResPonsible. Agency Collier County ,FUnding SourCes:, FHWA (PL) $18,892 UNIFIED PLANNING WORK PROGRAM FY 1997-1998 4.0 PROJECT PLANNING 4.1 Transportation Disadvantaged Program 4.2 Special Studies and Planning Projects 4.3 Comprehensive Plan Development Assistance 4,4 Bicycle/Pedestrian Pathway Plnnning Program 4.5 Systems Management Plans 4.6 Transit Marketing Planning 27 OBJECTIVE: To ovcn~ tod ~ ptttminl s:n/as fa' a couat,/-wtic cootdiralcd T~ Disadvantald (TO) Pmlx'am in Collk~ C, mmtT, in ~ with Ch. 427 F.S. and Rule 41-2 F.A.C. PREVIOUS WORK: Partidpat~ la tl~ ~ of Ral~ 41-2, Atto _~3~__ mectlnll O/the TD ~ Sclecl~l Locni Sa~'kna ~ the C__c,c,~ii_ 'nat~, dm'eloped TD-Trandt DcveloMncat Fiaa, developed ogeratin[ policies. METHODOLOGY: The gurpomc of tiffs taak is to prm'kic planninl sup~n serv/c~s and to tl~ Local Coonttnattns 13otrd (LCD). Staff scn,/ccs for TD Plann/nI ate prov/d~ by the Southwest FIodda P, tiional PlanninI Council under cont'lct lo the MPO, ~.d ~ s~pgocted financially by the Commiuion for the Transportation Dl~taScd Piannin~ Grant. MPO Staff w/il ass~ in ~ staffing of thc LCB a~l w/Il a.~ist the C]'C in th~ pcrfonnance of its rolc in prvvidin8 coord/~,~A_,~4 ~tion ~crv/c~ to the cldcrly, hand/capped, and the econotnically d/~lv~n~g~cl ci~ al' Collier County. MPO Staff w/Il ass/st the SWFRPC staff' in th~ dcvcloprn~nt and implcmcntation of thc Ion8 range Coordinated Transportation Dcvclopmcat Plan (CTDP), and more importantly, monitor t2,c act/v/ties of thc SWF'P, PC Staff. the LCD, a.nd th~ CTC to cnsu~ that the s~irit and intent of Ch. 427 and P, ulc 41-2 arc being mci in Collicr In FY 1997/98, an incrcascd level of cffort w/Il be rcquircd in th.is task as MPO Staff W/II assist the LCD in rcq~:s;ting propoaals for a ~ CTC, selecting a CTC, and participating in 5cc/sion-malting and Transit Dcv~opn~:ai Plaa act/v/fica to ~ ~ the dclivcry of transit services to the conununity. END PRODUCT: Complciion Date(s): June 30. 1998 An oalvin8 T~ Diudvamag~ pt~; Coordinated Transp~on i~lo~ment Plan; and ac~ lrua applications; Mcmocandum d Alrc~ncnts; ~ contmcu with spon.~ alcnc~ Rt~dcw of ~ for a n~v TD crc by June 30, 1991 ? O~E~I~: PRE~OUS ME~ODOLOGY: E~ PRODU~: ~~ ~,): ~i~ ~ ~ ~o, ....... · ...... ~. · ~..,.~z:.' ..x .......... ~,.'. '~'~'~'~:;'/, ...... ~ ~,'"~'F'" F>'~? ....... ,~'"~; ............. ,", ' ',,, ~i~ ~ T~ 4,2 ~A ~L) ~0,711 ~O 16G 2 T~ PEE~OUS WOR~ ME~ODOLOGY: ~~ ~ ~~ ~ ~ ~ (~) ~~ ~ (2) p~n ~ ~ PRODU~: 'compl~on Dates): ~~ 31, 1997 ~ ~ T~k 4,2.1 ~A ~L) $50,~ ? ; 0~~I~: To ~ ~ m ~ Ci~ ~ ~ a~ ~i11~ ~ in ~~ ~ T~o PRE~OUS WORK: a ~ ~ ~ ~ ~ in ~ E~on ~ A~ ~ p~ (Cl~ & C~y), ME~ODOLOGY: S~ ~1 ~ f~ ~~ ~ ~ PI~ ~1 ~n~ to ~ Compm~ P~ N~ ~ Ci~ ~ E~ ~ ~lli~ ~. ~ ~ ~ t~ ~ C~~~ ~ to ~e ~h p~ ~n~ m ~ ~ ~ f~. E~ PEODU~: ~mpl~on D~s): J~ 30, ~ ~ ~ ~~ng ~ ~ ~ ~ p~ for ~~ m~ ~ ~ ~ ~ ~n~ ~ ~ T~ ~ C~r S~ ~ ~ S~ Colli~ Coun~ H~VA O~L) , ',/~t~' :~'P TASI( NO: i, )i, "FCSFIVE: 4.4 TASK TITLE: , , PAGE:'$1 ,, .: ha:j ~ ' . . ~ .e..~ ~b.~. ,' '~ Bicycle/Pedestrian Pat way Planning P~g~m ~>:9',,~ =~ ~/:.,- ' 'i()U'S WORK: ~ t o,DOLO,. Y This t.tr& will be to maintain an on-going eomprehen.tive biw/x:l¢ ~ ~n pN~ing p~ for C~l~ Ct~m~ though a full tit~ Bi~:cl~P~stfian C~r~mtor ~ t~ imple~nmtion of a Comp~ Bi~l~ P~n Padm,2y PNn. ~>n~ of the p~gnm ~m~n~ 'ii' ()I)UCT: Cotnplction Date(s): June 30, 1998 Co!lief County rmVA ¢'L) ss ~,o4s TASK 4.5 TASK TITLE: Systems Management Plans,/-') PAGE: >.~PO~ of Icx, m.-m ,:'r~.t, It f,,~p, da~ion am r~'quircd by IS~A to ~si~ in t~ ~lop~m oft~ ~1~ ~ m~ml~o~ go,rrm n ~ ' ~ .~'elo~nl of thc six t mn~ ,don m~m ~mc~ i~n~ in IS~ ~ 5tatt~ ~uirr all MFx ,, '.o do.'cl~ Cong~qtion Manage~nt S)~e~. WORK: .\x, dsled in tim do'c ol .... :hi cfi thc F%~T work plans for t~ Iix ma~gc~nt ~tc~, Su~ ~ m~ :ont~ Io pr~m a ( ~".v::~i,:,n Ma/mg, mcnt System for Collier Co~, Work on thil ~nt~ ~11 fi~ in ,'ktl~ 19q~. in tl~ J;', ~-c C~'t~r i, 1997 dcadlitm. F!< MPCi ~,dt perform ,,.,.~ fun,:xio~ ar, rurally as prescribed in the Co~ge:stion Management System. !"t~ MPO ~dl aim pa~:,.. :pate m thc development of thc followSng management systems by FIX)T, as H>propnatc: Thc Naples MPO ~,ill a,~s~u in Ibc implementation of the Management Sy~em Rules to the degree appropriate for non-Trang)ortation Ma:z~gcmcnt Areas. ll',e ~ ~.~11 participate in training programs offered by FIr{WA and ti'~: FI)OT concerning ':,. tr::pl,':nentation of tl',c rules. Staff,,ill wm~. ~t)', I,. h~t:,h~,:~y officials to dctcrmm¢ the appropriate level of effort de~imd for ','olunta. ry prv,.~"am~ F?:,r ~,IIX5 ,. .tc, c.-,p unplcmcmadon plans to comply with all rmmdatory rmmagcment systems ""Lr'P, cn.i C:~:,hj~y:}:~.~' ': " t.. ()I)U(-I': Completion Date(s): Jun~ ]0, 1998 · *~'. cl~'~lop, wnt :a.: .... .-;rc:uatmn of ISTEA's s/x rrumagcmcnl system& as appropriate. Implementation o( hc Co~,cu}on LCn.~:(.i cai .5'v~tcm by C%..lc:i~r J. 1997. Application of CMS franc v~lume at~ly~ following ;cccipt o/.ptt-,-uaa vc:u - ,:~r7, c co~nl/from all agencm~., Completion by Jar~ 30, 1998. (:oilier C~..,,y T~d< 4.5 FITWA (PL) $ 9,395 TASK ,, ',~i~1~,,! fi,,. C'NfX ~ivi6e.~. in,cludil~g the AL/IR dal,~ Tier Complc0on Dutc(s):On-going thro~ Jtm~ 30, 199~ £'ollicr ~..~-).~ ~'i (', .,ion ,~,Cuxigcn~m S);cm. luat CMS slrategies. ResPonsib!,' ,\p'cncv Task. 4.5.1 FIIWA (PL) $ i 2,000 OB,i !., C~FIVE: Acti,,4ti¢~ t~:l;t~:zt l,,~ tt,~ , ,;rrn~ tran~om'~tio~ disaoN~maged pmgrm'a, Including th~ 1997 Collica' C. ot~y ua~it in tl~: c~;mmm',;:, hy cmpl~ing ~pific ~a ~i~ ~afiacat ~ ~ ~er ~ ~~. ~ ~ i~ag~ will ~ttir,.., ~. ~m logo aM a ~p~d~at impl¢~on ~. ~ ~ ~ Compl~tioa Da~):O~-go~ng t.h,ruugh Jma~ ]0, 199~ ,~:{espo. n s~l)~::: Age ncy,':.. ::~:~ 'V: ,;. ~::: :~:,:: :~:~; __~ ':' ':~:'-: , ......... : :~:~ ;':'<:.:~:::';; ¢:: .~.5;3 .:¢>)d'4~ ~ ~::: ~. :~-~: ~;~:~.. ~:~~:;:~ .... ~A 5303 S 21,024 Cotlic.r (' ~mty STA~ $ 2,628 ' ~ $ 2,628 166 DEPARTMENT OF TRANSPORTATIC April 21, 1997 TFB-L6-97 Mr. D. Wayne 3.;;~old, AICP, Acting MPO Director Naples (Cotlier County) Mctxopolitan Planning Organization Collier Count7 l-.~vclopnlent Services Center 2800 North }Io~cshoe Drive Napl~, Floricb, 3.ti04 Dra i'L~,.~c ,~ LY.z~c39.i21~&I.I~ ~-cl ?lannln g_LV_.ark_Ern gX~m: Ih.~blic '7~ ~ txspcn~.alton Of Hce Comments Summarized ~'. ,mY acc comments on thc Naples (Collier County) MetropoLitan planni~ OrE~i~tioa'~ (~ '.'?"O) ElrafLELa:alXear_(E~ JqqYtqR l lnified laLannin~ Wnrle Prn~r~m based on t'~&.:c Transportation Office (PTO) r~vicw remaxk~ following cloz ~jng mfc~< :,, you for app~ae ~. PI~ ~f~ ~ ~ p~i~ ~-atim ~.,r, lir, g m~dini ~ ~em. Mr. ~ch~d P. Shin~ of my $~ff ~t a d~ ~y of ~mm~ ate x~ fo~o~: Com~r~e.'~LH,'.. ~ - We roeommend that tl~ D~ FY l~D8 ~WP follo~ng MI'C, ~dopti~ on Apr~ ~, I~ ~mmen/ N,~. 4 in our Ap~ 8, 1~ comet l~Zr, ~mm~r I~, ~.>~ a~ I~ 16, I~, ~vkw comm~~ ,~: ~tcx of Ap~ 11, 1~, a ~ of ~cM~t P. S'h;r< ~ that ~m~ ~, ~ April 21, 199'7 , C.~'rant. nt~a.~. - We a~'e conctamed about tl~ absev, ce of ~t p~ng acfivifi~ ~~nding to F~e~ Transit Adminis~fi~ pl~ning cmph~is m for ~Os ~d ~nim~ publte ~~fi~ d4ta ~>ll~:fi~ ~ analysis to sup~n or renew ~e d~ision-m~ng p~ b~ ~ ~le ~m. Improver ~ ~ ~ ~ m~ ~t ~e ~O's me~~ ~s~flon p~n~g p~ ~411 ~ m~ ~c~ ~mpl~g wi~ ~e mulfi-m~ ~~fion pl~g: ~ui~tx of ~e r~te~ Suffa~ Tin,ration A~s~ Act of 1~I criteria for the MI'O's CongesOon M~gem~t Sysmm, due by ~I~ 1, I~. ~knowl~ge the Ml'O's ~t cf rom to ~y~ ~e ~s~mfion ~ pro.dM ~ c~ of the Community T=,-~stmrtafion ~i~tor ~ a view ~ imp~vM ~ ~d pubic. accomm~atioa. Gn~nen~N~._fi ~Vork T~k 3.5, 'Non-U~i~ ~ Pl~ning P~g~," d~fi~ p~on of ~e 'Ir~,no~l~ Am T~s~fion Study ~A~)," ~ment a~E m ~e ~ pwj~ Y~r ~m~nU ~lafive m how, ~d by when, ~~1 wi~ ~ a~>t~iat~. PI~ provide mo~ ~ific ~ro~afion ~ut ~e ~d p~uc~ · is mk vail pr~u~ ~~~4 - RogUing Work T~k No. 4.2, "~~us ~uc~," pl~ idmfi~ mom &finitivcly w~at ~d p~ ~ M ~mple~ ~d ~e ~h~ule for ~mpl~g ~m. C~ - Pl~ ~ Work T~k No. 4.4, 'Bicycle / P~~ Pl~nNg ~g~," ~ ~m ~ ~ ~ ~ ~ m ~ ~n ~t ~ ~ ~mple~ ~d ~mK - I&~u~t ~ undm~ f~m ~t N ~e '~ous Wo~ ~on o~ Work T~xk No. 4.5. 'Syx~x M~gem~t P~s,' ~t ~ ~'s Cong~fion SYstem Nax at~aly t~ ~mplet~. PI~ ~fer m ~mm~t No. 3i of ~ ~o~ c~)~imfi~ n~mo~';~r~ttm of M~ 17, 1~. PI~ ~ ~t ~ ~mm~m ~ m~l of the ~ng~ Ma;tage~t Sy~, ~lude ~f~ ~ it N ~ '~d P~uc m~ ~t ~ that ~ ~ ~ should ~n~ ~~g ~ '~j~, ' ~o~ Work,' ~ 'Me~ol~y' m mo~ ~Uy ~mmu~ ~c~ cu~t pre-d~s acfivifie.~ and ac~evem~. I'Ft~,'R PS/if ,:.4. M?O cc: 'I'a,'-~ Batte~, FDOT David A. Twiddy, .Ir., P.E., FDOT Norman E. Fc~Jcr, FDOT John Starling, FDOT Richard Drcyer, FDO'? ?;;~a Thebcrgc, FDO'I' 5herr7 Czr','er, ?,lark Gumuia, FDOT iLichar~l P. Shine, FDOT AGENDA ITEM .Appoinm',ent of Members to A Joint Collier/Lee TAC/CAC Task Force 4C¸ 4C: · 4C 4C 4C EX ECUTWE SUMMARY 2-. ,'\ptmit, t 3lc,nj:e: .... .~ .!.,m:t Ta,k Force with thc Lee Cmmty TAC/CAC. ", .cc~h'c: l'o appo ~t m "::bets Io a Joint Task For~ w~th tw., Lee Count,,. ; '.: '. CA C. . (' ~'Jdet'afions: Thc ;:,:cnlly completed Bonita Springs Area Study and tM :::, i~-.ucd 8outh~vcxt }qo:ida D:vironmcnlal [m~ 8tat~ent ~ B~ i$~ for ':, ~xamine t~.sc is~.;cs and c~h~r~ like t~nk ~ML in ag~ment ~ ~{ L~ C~t~ ,",utlu~b', F~U. Ibc ~nlhwe:;/ [qod&a Wat~ ~~t DisM~, and :u.-m~ fro~ ~ch . " P, ro:mmcm .~:i,,-~,: 7'bat ~h,: TAC/CAC ap~int momars 1o a joint /7 Gavin Jo:'. e~x. ~'' Datc:09/__Q2L[Z~~ S~¢~d by: V~e: WhyDo Regional Planning? the Krc's 168 Z 16G 2 It L~ cl~3r d~ co~.~.~¢~ ~ of Iool ~ow~h 1)olicics ~ ~ ~ure ~t c~~ ~11 ~m~n~ ~ !~ ~emll succc~ of ~ re~ wdl ~ und~ken. ~ ~ ~ ~ns f~ ~ng ~ u~ ~hng w~ [~ co~n in~ of [~ r~. ~nct~ ~ fol~n~ l~l c~Dc~e ph~. ~1 pbm ~re imam ~ n~, a~ ~te are nu~ ~ ~e~m pb~ m ~ rcD~. By ~lv~, ~, ~ are ~ [r~ ~c~ =~sin8 ~-~ ~, ~elo~ng n ~~n ~, c~ ~ ~ ~ ~ f~ ~ ~d ~ ~, ~ a~ ~ a~ ~~ ~in a ~~n arm ~ ~~ ~n~ ~ o~ a~. ~ ~ ~ ~ F~ ~ ~ ~ ~e ~ u~l~ f~ ~ ~wem ~8 ~ ~ ~ ~ ~ a ~ ~ ~ i~o~ 16~ 2 Re~-4~e pLtrmJ~K tot public facilitlc~ nnd ~ F~ ~n8 u~ a~ ~ ~ ~ ~. ~e n~ for, ~nd c~u ~. ~ t~~re s~ld ~ · r~ ~ f~ ~ uOli~ 2~ i~~ pbnmn8 eff~. In the p~st. reg~oc~l effor~ wo~ld have ~n dir~ 2z ~t ~ ~e r01e ~ regl0~! ,~,~~, ~.~,~..~ ~n ,~, .~d ~ ~ ~. ~p~a~~~~haveas~kein 2~ng r~l ~ues ~ ~e ~ch m ~ ~ ~ ~. ~e role of re~ ~g U ~ of ~n8 ~ ~ ~ ~r m~ crying 2 ~ I~ei c~ ~ or · re~l co~um~. Sutcessfially org~mzing the region ~o comp¢~ in the 21st Who should be Involved in ~,~,..,,.,,. ,,.,u ~,. ,-.,',,,,8 -.,~. ,~ ~.,=,.~ a ~he ,,~..,. ina~cs~ ~,,~lt~ the ~ In ~ cc~m'zl Floflda, a popubtic~ ~ ove~ 2 rm~k~ people L~ ~xpected by d~e mm ~ d-,e ce~o.~7'. In ~ public ~ there ~ 3 metropolitan :,te~, 67 ctO~, 6 coundcs..T purpc~ authont~ and dtmic~ and a mymd o/fede~ and state aSency dismc~ -- aU Recent legul~tion inrzoduceci slgntt~:~m chnnges to Flon~'s HOW does the ilPC fit lit? ~ m.,.~., ~,,., ~,,,g .~ ~ o~ ~ pl-.anning councils. The ~ ~ region~ plnnnm8 cotmc~ aw~ from a qua~-regulatory role to one c~ planni~ and ~ TI~ role Recogru2in8 thnt this legtslaOon ennbled regiortal planning councils zo develop a diffes'e~ ldnd o~ ~ the Eas~ Cen.~l Flc~id2 Relpon~l Ptannmg Council used the mandate m c~e~te a usable tool, a ~ianning proce~ tl~t foste~ eff~ coordinzcion. The proce~ ~ one ove~-a~l~g goal: m ge~ ~takehoider~ to ~ together m they can take the actions nccess.ary to comir~,te successfully ,z-ell Into the next century. Whats so dmereut abou mis The rclDon's st~teg~c ph~nning l~tocess ~ ~n nn~ ~ ~ p~ng ~ r~ t~t ~ s~nff re~ ~ ~ a sin~e enfi~. ~t t~ ~E~n 0:~ ~ ~ ~ch. ~lcl~u~~lle~alm B~ and Orla~o. lc Is ~thin nv~ ~n ~~. ~t ~re ~ f~s ~ t~ re~i pl~nmng ~m. K~ f~r~ ~ ~ ~ng ~e~ are su~fi~ ~: F~ ~ ~. ~ ~ ~ ~s and ~ ~tfing ~l~ m~ in~ ~ c~e ~ ~t mn ~ a sin~e ~e ~ dir~ f~ a ~n F~~~.~~~H ~fr~a~n~.~'~ c~~i~n~ which ~ a~ ~m ~a~ a~ a~ ~ ~l~g an a~ phn. c~~ ate ~ ~ a ~ a~ u~~ ~ m a ~n ~. A~~~n~~~~b~h~f~n8 i~s, Hu~lag Ilnmt. ~t tie lle~l~tal flaatal enadl: lllllfl--lfi~ n~. ill. AGENDA ITEM TAC/CAC Meeting T'm~e and Join! Structure 4D 4D 4D 4D 4D 4D 4D 4D 4D EXECUTIVE SUMblARY ~lm~i ~ ~ rcOort~ mem..md ~ ~m~ T'I~ TA C m compo.,~ of ~,~ AGENDA ITEM Correspondence from U.S. Senator Bob Graham nitui ,$tatts ,. omt 16G pas~ed ~y -~ ~;apl~e ~e:rc~ol:~an P[annxn~ grganzat:on. a~ i~fra~t~c~,~re, ~e National Hig~ay System ~t i~ an Now i= :s ti~ for our nation ~o explore what the ~ext era in =ransp~r~a:ion ~olic! will herald, .'~ 199L intern~:x~al Surface TransDor~a:i~n Eff lctency Ac~ '~ST',~A) has se~zed as the basis by which .~r f~deral ~over~m~,nt ~ at~c,~te~ to ,~anage ~ur national invest,~ents in ~ran~portation infrastructure. Unfortunately, deficlen: :n ad~ressing the needs Of the State of Florida and Florida receives back fron~ the federal government roughly 77 cents for every dollar ~hat its citizens contribute to the national h:ghway trust fund. Such a rate of return for a high- growth sta~e such as Florida is silly unacceptable. Our citizens and the millions of guests who visit our state each year deserve better. If Florida is to be poised to enter the 21st Century ready tc assume a leadership role in international co~r~erce .- ~artic-ularly with Lacin America, re~ain a comfortable and safe ~e f~r ~illlons, as well as maintain its envirorm~.ntal soundness and econoease and mil~ta~! strategic vitality, we ~ust ensure t.~at such icves~ment~ are made wisely and fairly. 16G 2 As you may be aware, iSTEA is set to expire on September 30, 1997. I am currently working on legislation that will help the State of Florida with its transportation priorities. I am the lead cosponsor with Senator Warner of Virginia, of the Streamlined Transportation Efficiency Program for the 21st Century (STEP 21). STEP 21 is a bold initiative that serves to build upon the successes of ISTEA and corrects many of its problems. STEP 21 guarantees every state a minimum 95 cents back for every gas tax dollar sent to Washington. STEP 21 also recognizes the importance of the National Highway System and therefore dedicates 40 percent of the total program to its maintenance and expansion. The remainder of the program funding will be utilized for various activities including: transit, state and local highways, air quality dmprovement initiatives, and transportation enhancements like bike trails. I recognize the importance of local governments and citizens remaining an important partner in transportation planning. That is why STEP 21 does not make any changes in the planning structure created by ISTEA. During this reauthoriza~ion, we will take a good, hard look at the appropriate role of the government in transportation policy. The Growing consensus is that the states, rather than the federal government, are in a better position to manage transportation policy in accordance with their needs. As a member of the Environment and Public Works Committee, I will continue to work toward a fair and equitable transportation program that will help to meet the needs of Floridians. Please be assured that I will have your views in mind as the legislative process continues. With kind regards, Sincerely, United States Senator BG/kwk 16G 2~ C A C Naples (Collier County) Metropolitan Planning Organization m~COLLIER COUNTY GOVEHN~IENT ]' ~) ~ ~ i COM,MUNITY DEVELOPMENT SERVICES DI~qSION September 16, 1997 2800 NORTH HORSESHOE DRIVE NAPLES, FL 35942 ~941) 645-8-100 A CERTIFIED BLI.'E CHIP CO.M,M UNITY Mr. Michael Zimny Bm'eau of Historic Preservation R.A. Gray Building 500 South Bronough Street Tallahassee, Florida 32399-0250 RE: Collier County Preservation Board Meeting Dem' Mr. Zimny: This letter is to inform you that the Collier County Historic and Archaeological Preservation Board held their public hearing on Friday, September 12, 1997. I have enclosed a copy of the minutes for your review and records. If you have any questions or concerns regarding this meeting, please do not hesitate to contact me at my new number: 941-403-2469. Ray Bellows Principal Planner (CLG Coordinator) Historic Preser~'ation/RVB/rb cc: Vincent A. Cautero Ron Jamro Robert Mulhere Nancy Sieraion Preservation Board Morris _ Hancock ~ -- Co~$t&nt ! ne_ MINUTt:J_$ COLLIEIR COUNTY I-IISTORICAL 8- ARCt-IAE-OLOGICAL PP.E-SF=RVATION BOARD Copieslo: Mee~in~ oF Septem~ I?. '0(;)7 S~,FF ADDI~NDA TO AC__.4~NDA: APPlROVAL O1:: MINUTI~$ TI,, P ....~,o~ ~o~I ~o~.j ~o.,~o~,t, (0.o) ~o op~,. d~. A~ ~. ,~7 .... t., P~NNING S~PVIC~S D~PARTM~NT P~RT: ~k SDD ~,,, ~o ~.~ ~ .!m SOP ~1~, ~,k~ ~bl~ ~, b ~ ,~ ~ ~~ ~ OLD ~SINGS~: A D r- N k--xY/BUSINESS: DISCUSSION OF- ADDE-NDA: NEXT M~I~TtNG ' PARKS & R£CREATION ADVISORY BOARD ,! I I r.o~ rant t ne_.____--..x------'--- rA,~c. Cerrss: Item~ { (-'*' ~-~ ' Copies To: PARK AND ~TION ADVISORY BOARD AGENDA September 24, 1997 Immokalee Administration Building 310 Alachua Street, Immok~lee, Florida The Parks and Recreation Advisory Board meeting ~ be held Wednesday, ~Ptlnnber 24, 1997, 2:00 'p.m. at lmmoknlee Administration Bn[ldin~ 310 Alaeh~ Street, Naples, I~orkla. I ('.~l.i. TO ()RI)ER: Il. lq.EDGE ()l,' ,%I.LE(;! %,N('E TO I ;IE ~:i Ill !~ VO('A'i'I()N: I~, AI'PROV.tI~OF NIIN~:'I'ES, Au~,4 27. I<~7 McclmR V NI;X%' IIt:SINESN;I'RESEN'I'A~IONS 1. Joint C~ & Conn~ A~ ~ard ~g ~ 1~7 2. Ag~sive S~t~ard. Ass~iafi~ REQi:ESTS FOR I)ISCI'.SSION - SPECIFIC UPDATE ITEM B6 Vll. R I:POR'FS/I:PDATES: 1. Monthly Report (Aught) (will be distributed at meetin~ 2. Parks Brochure Update 3, East Naples Sanctuary Skateboard Grand Ol~.aing status 4. Veterans Co~mnar~y Park S~rd Grand Opening Update 5. Cope~nd Playground Update 6. Adopt-A-Park Report 7. Parab Meetln~ Schedak PARAB member nddr~a 9. Meeting Adjourn C7 C8 C9 16G 2 A PARKS AND RECREATION ADVISORY BOARD PRESENT: ABSENT: August 27, 1997 Minutes Cocohatchee River Park Vanderbilt Drive, Napk~, Florida Thnothy Btackford, Chairman Elaine Wicks, Vice Chair Joseph Zaka Gayle L. Sam G~ MudJer Dtphne Bercher I I ALSO PRESENT: Maria Ramsey, Director Murdo Smith, Recreation Manager Gary Franco, Parks Superintendent Jacquie Hart, Secretary II John Dmmuck, Operntiom Coordinator Jim Thoraa~, Athletic Supervisor L CALL TO ORDER: The meeting was called to order at 2:20 p.m. IL PLEDGE OF ALLEGIANCE TO TIIE FLAG IlL INVOCATION: by la~xtuie Hart IV. APPROVAL OF MINUTES: July 30, 1997 meeting. Motion by Joseph Zaks to approve July 30, 1997, minutes. Seconded by Gil Mueller. Passed 7/0. V. NEW BUSINESS/PRESENTATIONS ~Attit~de Award Presentation - Chairman Btackford prec, ented an Attitude Award to Joel Saez, _Co,-~_ m'__~y Center Aide from tho Inunokale~ Sports Complex and Howard McFeo, Special Project Supervisor. Chairman Blackfurd read the plaque and then congratulated both employees for a job well dane. Collier County Summer Camp F.09d Pro, ram - Mr. Thomas stated that tl~ Parks and R~ Department ~plied for a food grant and was accepted. Tho 5u~mt~er Camp Food Program ran from June 16, 1997 through August 15, 1997. TI~ breakf2~ program ran for nine (9) wee. ks. Bmakfmt was serv~! at ~ lmmokaleo Midd~ Sck~ Lak~ Tnffurd Elmm~ry. and Pincream a total of 16,668 breakfasts were served and the cost for ~ is $20,835. I I I I I I I I I i I I I I I I I I i do 16G Lunches were served from July I, 1997 to August $, 1997. The lunch program ran late because the school opened tm those dates for summer school. All the lunches were hot meals and the school prepared them. A total of 63,200 lunches were served, which is a 10,000 increase from last year. The total cost for reimbursement is $13g,724 for lunches. Snack totaling 25,716, were distributed with total cost reimbursement of $13,243.74. The griu~d total for reimbursement of the Summer Camp Food Program is $172,802.74. This total will pay for the operation of'the Food Program. Mr. Muellet c, otmnmted on how 8reat the Food Program is and it's one of the best programs put forth by the Parks and Recr_e~__ion Department. Grant Applicat,ion F~r ~0uth Naples Community Park.._ - Mr. Dunnuck s-t~ed th~ ~e ~o~ ~~ ~1~ ~im~ P~m ~) ~ appli~ is s~lar ~ ~e ~e for Sug~ R~al Pa~. ~e S~ N~I~ C~ Pa~ ~11 mclu~ a hawaii fiel~ ~m ~g ~il ,~d bike p~. ~e bike p~ ~11 ~ Napl~ ~or a~ ~ ~e pa~. ~e ~ is $1~,~ ~g ~d. A copy of the grant proposal was distributed and reviewed by the Parks and Recreation Advisory Board members. Motion by Chairman Tim Blackford that the Parks and Recreation Advisory, Board recommend approval to the Board of County Commissioners. Seconded by .Joseph Zaks. Passed 7/0. PAP, AB Ne~ Member - Chairman Blackford welcomed Ms. Daphne Bercher to PARAB. Sugden Regional P~rk Policy - Ms. Rarnsey stated that she did not receive any feed back from PARAB members but she did make a few minor changes m the park policy. Ms. Ramsay stated that Mr. John Good (Boat Show P, caa-~xer) is interested in doing a boat show at the Sugden Regional Park. The program which is educational, consists ofbo~t safety and dock safety. However, the policy has not been pre~m~ to the Board of County Commission for approval. Ms. Ramsey also stated that Mr. Good would have to come before PARAB members for ~dation or approval of the project. Mr. Zaks suggested that under the deposit policy the security deposit is not sufficient (e.g. the International Fireworks went bankrupt), Mr. Zaks suggested that all organization's security deposits should be determined on a case by case basis and a minimum of $200. Ms. Ramsay stated that Jaycees had approached the Parks and Recre~on Dopartmerit regarding a 4~ of July fireworks event. Ms. Ramsay stated that the fireworks ev~t is recreational and nature. The Parks arid ~on Department 2 I I ! I I I I I i I I I I I I I I i I would like to be involved with that event. Ms. Ramsey stated that she would contact the Philharmonic to do patriotic orchestra music prior to the event. Ms. Ramsey s~ated the Parks and Recreation DepaRmer~ would review vendors list because the County do~s not warn any beer or alcohol vendors. The policy did address the period of time that the vendors list should be submitted. There are no activities at the Sugden Regional Park. The Parks and Recreation Department is waiting for the Southwest Florida Water Management permit, Corporation of Engineers Permit, the return of the grant money ($207,000); this has put the project on hold. Motion by Elaine Wicks that PARAB recommend to the Board of County Commissioners to accept the Sugden Park Policy including the changes made with regard to the minimum of a $200 security deposit. Seconded by Chairman Tim Btackford. Passed 7/0. City/(~ounW Aereement Retardine Fundins~ - Ms. Ramsey stated that Don Wirth from the City of Naples called and asked if PAP, AB would be inter~axt in having an annual joint advisory board meeting. Chairman Blackford stated that tha County should cnm~ a policy for funding the City's park projects. Chairman Bladoeord stated that he had requested from staff to research whether County had funding for exiting park~; Fk6gtzman, LaudermilL ami Cambier. The Coumy has never ftmded their parks in the past. Chairman Blackford stated that he docs not like the idea of the City requesting that thc County fund the parks, the City determines what's in the park, and the City dictates to the Coumy that County pays half. Chairman Black, rd siat~ that he could see the need to contribute to beach access as the Cotmty benefts from these accesses. Tho County palits program is similar to what the City has and the County is not bent~ting from the City's regular park syz~-rn. Chairman BLackford stated that he will not support funding for any City regular park project. Ms. Wicks stated that ~he agrees with Chairman BlacloeoM that if the City Parks are not offering anything new or diff~e~zt, then why should the County fund their projects. Ms. Ramsey stat~ that the City uses the issumce of beach ~ckers and determined that they issue 80% to county residents. Ms. Start recommends that a criteria should be set and if the City does not meet those criteria then there is no need to fund the project. Motion by Elaine Wicks that PARAB recommend to the Board of County Commissioners that the Parks and Recreation Department I I I I I I I I I I I I I I I I I i I 16G charge a minimum handling fee of $5.00 for a beach sticker. Seconded by Chairman Tim Blackford. Passed 7/0. Mr. Zaks sta~d that PAP, AB had a joint meeting once with the City and the sec.~d time the City Advisory Board stated that they were not ir~rested and canceled. Mr. Zaks stated that if the City Advisory Board is interested in having a nmeting then PARAB will meet with their board. Ms. Ramsey inquired as to what PARAB would like to ~ on the Joint Advisory Board meeting Agenda, No suggestions were made. VI. REQUEST FOR DISCUSSION/SPECIFIC UPDATE ITEM Pelican Bay Tennis Award - Mr. Mueller read a letter that Mr. Lewis received s~dng that the Pelican Bay Tennis has received an m~rd from the U.S.T.A for having one of the best tennis facilities in Southwest Florida. Dog Park Update - Ms. Ramsey stated that she received a response from the Transportation Depament and they asked that Ms. Ramsey consider monetary funding. Ms. Ramsey is looking into land donation for the Dog Park. The Dog Park cost is estimated approximately $30,000 to $100,000, depending on whether the land is donated and also what is included in the park. Vll. REPORTS & UPDATES a, Monthly Repgrt (June) - a brief discussion took place regarding the monthly report. b. Grand Opening of the Veterans Skateboard P~lrk - a grand opening for the Veterans Skateboard Park is scheduled for September 20, 1997. c. Pa~ Brochure - The park brochure is at the printer and will be distributed at next meeting. de L~i~sur~ Line Update - the Marco, lmmokalee, and the Naples area has each their own Leisure Line. PARAB commented on how the Leisure Line is easier to read. Copeland/t~ Cypress Park - Mr. Smith stated that he was under the impression that the land was cleared, however it is not. The water tank is on the property which is supposed to be vacant. The playground equipment is at the church ground t~-~,orarily until a piece of land is obtained. Mr. Mueller stated that his friend ce Marco Island owned a piece of propesty in the Copeland area and he is willing to donate. 4 2 I I I 'l 16G Ms. Rarnsey will contact the gentleman regarding the land donation. Adopt-A-Park R~port - Ms, Cbeney distributed a detailed report on the Immo~lee area. Each park supervisor at lmmokalee gave a report regarding programs and ev~r~s held. Ms. Bercher will adopt the Max Ham Jr., Co-uu~-~ity Park, Golden Gato Co~ianity Center, and the Golden Gate Community Park. Mr. Mueller would like to commend Annie Pappalardo for doing a gmat job ca the report. PARAB Meeting Schedule - the next meeting is scheduled at Imme~lee Administr~on Building ca September 24, 1997 at 2:00 p,m. Mr. Mueller statod that he will not be able to attend next month's meeting. VIII. ADJOURNMENT Meeting adjourned at 4'.30 P,M,. Motion by Elaine Wick~ to adjoarn. Seconded Joseph Zaks, Passed 7/0. I I I I I I I COMMUNITY SERVICES DEPARTMENT September 9, 1997 Maria Ramsey Director, Parks & Recreation of Collier County 3300 Santa Barbara Blvd. Naples, FL 34116 Dear Maria, I I I I I I The Naples Community Services Advisory Board accepted the invitation of the County Parks & Recreation Advisory Board to meet in joint session. Our Board agreed to the suggested October 22~ meeting at Golden Gate Community Center at 2:00 p.m. As you and I discussed, we need to develop the agenda. I will call you soon. Sincerely, Don Wirth, Director Community Services Department cc. CSAB Members Dr. Richard Woodruff I I I I (a) 6 275'flllTrE~r~ 8'TP, E~-T. ~ · NAPI.E~, F'LC)RIt~34102 '~'~ (~4~) 434-Me0 F~C: ~41) 2~-5~40 16G Z 33re Adopt-A-Park Report is provided by the Park~ and Reerea~ Advisory Board. ·ach PARAB member ~ ~ ~ p~ ~d ~m a ~ ~ of ~e ~ ~dit~ ~ p~ of ~ ~ h to ~ ~ and R~~n '~~t to ~u~ ~p~t ~ mt~in~g ps~ f~ Daphne Bercher G~ Mudler: Gayle Stan: · {osqmb 7_~s: b. Im I~kake Recreatim~/Aquatic a. (;olden Gale Commnnily P~rk b. Golcle~z Gate C0mmunitv Center c. .~tax A. Iiasse .Ir., Commonity Park I. Frank ~ Community Park ~ ~ Coumty Racqm ~ ~. Ea~ 1~ COmmm~y Path {]llmlI~Itlli II 8/27/97 Report on 9/24/97 ikeport on 10/22/97 Rfport ou 11119/97 lbport oi 12/17~7 Comp~ed oo 1/28~ ,~1 I I I I I I I I I I I I I I I I I PARKS AND RECREATION ADVISORY BOARD MEETING SCHEDULE September 24, 1997, meeting scheduled at immokalee Sports Complex, 505 Escambia Street, Immokalee, Florida at 2:00 p.m. **October 22, 1997, meeting scheduled at Veterans Community Park, 1900 Immokalee Road, Naples, Florida at 2:00 p.m. SPECIAL JOI_N~ meeting with Naples Community Services Advisory Board *November 19, 1997 meeting scheduled at Golden Gate Community Park (Administration Office) 3300 Santa Barbara Boulevard, Naples, Florida at 2:00 p.m. NOTE: Meeting dates could be changed due to holidays observed. PARAB members will be notified 2 weeks prior to meeting date in the event of a change. ** MEANS A DATE OR A LOCATION tlAS BEEN CHANGED. (c) ~ PARKS AND KI~ATION ADVISORY BOARD (1). Ms. Billie Che~y P. O. Box 5021 lmmokalce. Horida 34143 (r~sidcnce) (941) 657-1231 Tc, rm Expire~ 12/31/98 MARCO ISLAN~ DISTRICT (1). Mr. Gil Mneller 541 Bladanore Court Marco Island, Florida 34145 (residence) (941) 394-9444 Term Expires 12/31/99 U~ DISTm, fir (1). Mr. Joseph 7~ks 4841 Shearwater ~ Naples. Florida 34119 (residence) (941) 592-5140 (~ork) 262-5959 (Fax) 434-4999 Term Expire~ 11/31/95 (2). Ms. Elaine Wicks 2640 Golden G'ate Parkway Suite #216 Naples. Florida 34116 (residence) (941) 434-9784 (work) 434-0333 (Fax) 434.9320 Term Exptre~ 12/31/98 (3). (4). (5). Mr. Timothy M. Bladfford 276 Madison Avenue Naples. Florida 34110 (residence) (941) 566-9121 (work) 261 (]~ger) 436-9549 (Fax) 261-8707 lv~ Crayl¢ k Start 735 98m Aven~ North Naples, Flodda 34108 (residence) (941) 5914910 (work) 353-0444 (Pager) 7324505 (Fax) 353-9040 MS. Daphnie Ben:her 3800 F. stero Bay Lane/P. O. Box 1072, Naples, FL 34106 Naples, FL 34112 (residence) (941) 774-3181 (work) (Fax) Term g_.xpire~ 12/31/97 Term Exerts 12/31/97 Term Explrea 12/31/99 166 MARCO ISLAND BEACH RENOURISHMENT ADVISORY COMMITTEE 16G 2 AGRNDA MEETING OF OCTOMBER 1, 1997 HACKLE PARK 5. 6. 7. 8. 10. 11. 10. Agenda. Approval of Minutes of September 10, 1997 Beach Cleaning Schedules - purchase of second machine - beach tilling instructions re shell removal Collier County Ordinance 189-11 - schedule (or buoy installatlo~ HldeaYay Beach T-Groin installation Videotape presentation o[ beach - Harris Caxa~bas Boat Docks project Capri Pass Inlet Management Plan - public hearing a. Humiston & Moore b. Public hearing date - 10/30/91 Old Business Ney Business Public Comment Adjourn till November 5, 1997 Hancock Perr) Item# ](~.~, " (':oilier Cot,ntv Government ('~'rnter · qq]Ol T.~mtnmi 'l'rnil. E~! · Naple,~, FI.ridn 3qlg6? MARCO ISbAND BEACH RENOURISHHENT ADVISORY COHMITTEE MINUTES - SEPTEHRER 10, 1997 2 The Meeting vas called to order at 9:00 a.m. by Frank Blanchard, Chairperson. Meubers present were Charles Huttlnger, Giles Gora! and Darbata Schlerlnq. John Dougherty, Buddy Harris, Joe Christy, Gl1 $choles and Mike Glide were excused. Also present were Harry Huber, Collier County Capital Projects; Ken HumIston and Brett Moore, Humiston and Moore; Pat Berry, The Bottom Line; and Dave So~sers, Hideaway Beach. There were no motions made during the meeting due to there being no quorum. Humiston and Moore gave an overview of the Cap~l Pass Inlet Nanagement Plan. Several Issues discussed by ih~miston were: - Due to the south extension of Little ~arco Pass, Humlston suggested considering the Little Marco Pass shoal as a borrow area [or future beach £enourishment. - Coconut Island Is eroding and is current]y at 10% of the original size and shifting to the vest. ?he erosion could result In future problems. Ilumlston suggested looking at future stabilization. - Humiston suggested pursuing the expansion o£ the 'no wake zone' at the Hideaway Beach area. It vas reported that signs at the T-Groins have slowed down traffic at the Hideaway area. Humiston suggested Inviting ~evin Duggan along with a State Representative, and a representative from Florida Fish and Wildlife to the Workshop which is scheduled for October 30th at 7:15 p.m.~ they will be asked to address the "no wake zone' issue. - HumIston also suggested who wake' signs for the Caxambas Channel at the proposed location of the De~a Park Place dock area. - Humiston recommended an inter-local agreement with the Florida Game and Fish Group regarding Sanddollar Island. It was reported that this was addressed in the Management Plan but Tallahassee seems to be ignoring lt. It was agreed that County Staff draft the agreement and submit it to the Dame and Fish group. - South beach area shows no need for renourishment in the Immediate future. - The 1990/1991 borrow area has been filling in and will take approximately twenty years to recover at the rate its presently at. This area will continue to be a source for future borrowing. The management plan recommends against going north with sand from this borrow area. - Ongoing monitoring will continue and it vas suggested that monitoring increase through the Collier Bay Inlet. - Creation of wildlife habitat at a shoal away from recreation areas - an area without controversy. Dlsc~sion £olloved on Tlgertall recreational park a~ea as it pertains to beach ~enou~tshment. It vas recommended that both State agencies, Tallahassee and West Palm Beach~ ~eceive any and all information regarding the Inlet Nanagement Plan, etc. in the future. ~rco Island Beach Renou=~h~ent Advloo~y Committee Hlnutes - iepteBbec 10, 1997 ~age Two A question was raised ~egarding replacement of bags if they are damaged in the Hideaway Beach T-O~oin installation, llumiston reported that one or two bags can ba replaced without a ney permit, & ney permit viii be necessary to install the peraanent structures. & question vas raised relative to the grate Beach Cleaning permit, does it include Hideaway Beach, Hube£ agreed to respond to the issue. liter workshop on October 30th the plan will be submitted for Collier County Board approval and then the OEP who viii also hold a workshop, Huber reported that the arrival of the beach cleaning machine is two months away. Huber has nob completed the purchase papers for the ney beach cleanln~ Bachlne. The buoy installation for the entire sho=e line needs to be reviewed with Kevln Duggan. ~uber agreed to addtess this with Duggan. The Ca~ambas boat dock hearing before the Collie~ County Plmnnln9 Comtission ia scheduled for October 2. Huber viii be working with Bu~t Baunde£s on this appeal. Huber suggested completing a comprehensive Dian foz boat docks for [uture use. The ney l~arco Island City Council viii be sworn In November 10~h. A question vas raised on the ~ubure of ~he ~IBHC. The ney City Council could dissolve this connlttee and reform a ney city coasittee. As there was no [u~ther business to discuss the meeting adjourned at 10:00. Respectfull~ submitted by The Bottos Line. 16G 2 COLLIER COUNTY HISP IC AFFAIRS ADVISORY BOARD MINUTES OF MEETING March 6, 1997 BOARD OF COUNTY COMMISSIONERS BOARDROOM, 3~ FLOOR, ADMINISTRATION BLDG. NAPLES, FLORIDA- PRESENT: Ramiro Mafialich, Chief Assistant County Attorney, BCC Liaison to HAAB Armando Ayala, HAAB Member Pedro C. Vazquez, HAAB Member Frank Roddgue'z, HAAB Member Victor A. Valdes, Las Naciones News Eva Delashmet, HAAB Member David Correa, HAAB Member Melinda P. Riddle, Citizen Marlo E. Delgado, LABPA Jennifer Edwards, Director of Human Resources, Collier County Government Frank Loney, HAAB Member lYlisc. Corr.,s: Manuel Andres Laso Edgardo J. Tenreiro Item#/~. ~ . Copies To: The March 6, 1997 meeting of the Hispanic Affairs Advisory Board of Collier County convened at approximately 7:20 p.m. The first order of business was to discuss the need to provide the minutes of the December 5, 1996 and March 6, 1997 meetings at the next scheduled meeting. The meeting began with a discussion regarding the HAAB letterhead and it was agreed that the County Attorney's Office will provide and coordinate any decisions with the Chairman. Morris __ / _ Hancock _ Coestanttne_ -- I)mrry - ~ - 16G 2_ Ramiro reported that member Tenreiro called about his absence, and the motion to excuse his absence was made by David Correa and seconded by Frank Loney. The motion passed unanimously. Mario Delgado (representing LABPA) reported that he conferred with the Tax Collector regarding addressing needs of Hispanic businesses and accessing names of Hispanic businesses. The Tax Collector, in the next licensing cycle, is willing to place a flyer in mailings to identify Hispanic businesses and whether they want to join LABPA. The cost for such a flyer will be paid by LABPA. Mr. Delgado mentioned that he needs HAAB to support this endeavor. He mentioned that businesses that are not Hispanic can also join LABPA. The purpose is to help Hispanic businesses by developing services available to Hispanic businesses. David Correa made a motion, which was seconded by Eva and which received a unanimous vote, to strongly support the Tax Collector proposal and send a letter from the Chairman to Tax Collector and a copy to Delgado. David commended Marlo and LABPA for the efforts and support of this issue. County Manager Recruitment - On this issue, Jennifer Edwards, Collier County Human Resoumes Director, was present. Chairman Rodriguez clarified that it was his intent to look at the process and engage in constructive criticism as opposed to pointing fault at County officials. Mr. Rodriguez then gave a summary of the events involving the County Manager recruitment that lead to this topic being placed on the agenda. He mentioned that the process should include input from all segments of the community, but that it is presently lacking in this regard and with respect to sensitivity to minority issues. He mentioned that Hispanics are close to 20°,/o of the total population and the community deserves a leader who will be sensitive to the issues affecting said population. This would be true whether the leader selected is a minority or not. He mentioned that the Black Affairs Advisory Board (BAAB) had also weighed in on this issue through a February 26, 1997 letter to the Board of County Commissioners (BCC). Armando Ayala reported that the same issues have occurred in Lee County, and even affect advisory boards of the Board of County Commissioners. For example, he mentioned the landfill site committee which affects minorities yet lacks minority involvement. Eva Delashmet stated that she had received many comments from people she does business with regarding possible elimination of the minority boards and under representation of Blacks and Hispanics on County advisory boards. This problem has existed since the I960's and the only positive changes that have come about have been due to the efforts of the minorities themselves. Member Frank Loney mentioned that he had lived here for 18 years and that he had heard two main criticisms of the governmental structure: 1) continually selecting out of state candidates for important positions; and 2) the existence of an attitude among the top management which was arrogant and insensitive toward Hispanics. He specifically mentioned that the former County Manager had stated that there were no capable Hispanics that could be found to do the important positions in the County. Frank stressed the need for a manager with knowledge of 2 168 2 diversity and for a change of mentality which he thought could be accomplished with the assistance of the Human Resources Director for the good of the community. Jennifer Edwards, Human Resources Director, provided a history of the recruitment process since the resignation of the former County Manager. She mentioned that Human Resources Analyst Jerre Salmon is the primary County employee involved in the process. She mentioned that there is a County Manager Professional Association known as ICMA and that all County Manager candidates are aware of this publication. She mentioned that was the key advertisement for the Collier County Manager position. It was also advertised in the Wall Street Journal and there were direct mailings to Florida cities and counties and to six states which were mainly concentrated in the south of the United States. 89 applications and 2 internal applicants were involved in the process. The packets that were sent to interested applicants included demographics and questions about the applicant's skills and experience. A total of sixty formal applications were received. There was an optional EEO survey with ethnic and other information contained therein. 53 filled out this portion of the application. It was intended that this information be used as a confidential data base. Of the 53 that filled out this information, 45 were white males, 4 were Hispanics, there was 1 American Indian and there were 3 blacks making up a total of 15% minorities. Ms. Edwards commented a screening c6mmittee was designated by the Board of County Commissioners. A scoring sheet was developed for the screening committee based on community feedback on the type of County Manager that was desired. Each Commissioner on the Board selected one person from their district for the selection committee. The screening committee short-listed from 60 to 18. There was also a veterans preference added and the two internal candidates. In regard to the short-list, there were two Hispanics, one black and one female. The Board of County Commissioners directed that a company be hired to videotape interview the applicants based on five questions prepared by the screening committee. The Chairman of the screening committee is attorney John Passidomo. Copies of the videotape interviews are to be given to the screening committee for the screening committee to give the final short-list to the Board of County Commissioners. Ms. Edwards pointed out that one of the questions posed to the applicants had to do with outreach and diverse populations in policy making. David Correa mentioned that the Commissioners could have included minorities on the screening committee. He also found it to be in poor taste for Commissioner Norris to have claimed that the minority boards should be disbanded because they raised issues about the selection process. Frank Loney added that the message being given by the Board is that minorities are here to serve and not to share in leadership in County affairs. Frank Rodriguez reminded the Board members that the purpose of the minority boards was to ensure open communication between the Board of County Commissioners and the minority communities. He thought that the Board of County Commissioners should use the 16G 2 minority boards for thc important selection decisions, rather than make comments about the minority boards which amount to harassment. He thought thc main weakness in the selection process was that the screening committee does not reflect any community diversity. He also thought that there was a defect in the Collier County hiring process which was not allowing talented minorities to reach higher levels of County government. Frank said he knew of specific cases in this regard. Ms. Edwards responded that Human Resources would be happy to review any such individual cases. Eva Delashmet stated that she believed that there is underlying employment discrimination in Naples. She found it inappropriate for at least one Commissioner to have threatened to disband the minority boards for discussing these issues. Mr. Valdcs pointed out that The Miami Herald has a Spanish section and that there is also locally Las Naciones. He questioned why there were not ads in these publications. Ms. Edwards responded the emphasis of the County had been to place ads for the County Manager in professional publications. Mario Delgado mentioned several levels at which discrimination can take place: e.g., if professional magazines cater to historically whit~e males in that trade; job description should refer to the need for diversity; selection criteria should emphasize diversity; and the make-up of the screening committee should be reflective of community diversity. Jennifer Edwards responded that ads for a physician position would appear in a medical publication and likewise an ad for the County Manager should appear in a County Manager professional publication. Mr. Delgado thought that there could be equivalent experience and thus there could be advertising in other types of publications. Mr. Vasquez made a motion to support the Black Affairs Advisory Board proposal contained in the February 26, 1997 letter to the Board of County Commissioner~. Attorney Melinda Riddle commented that the Board should keep in mind that the Wall Street Journal is not related to the County Manager industry, that the southern states throughout which information was distributed are the ones that most likely haw whit~ managera and that not all management level employees will always have to have specialized degrees. Frank Rodrigu~, requested Mr. Vasquez to reconsider his motion and to instead move to have a subcommittee with the volunteer assistance of Mr. Delgado to report regarding this topic. Mr. Vasquez then withdrew his motion. David Correa made a motion to create the subcommittee and have a report within ten days to the Hispanic Board at a special meeting. The motion was seconded by Eva Delashmet and the motion passed 5-1, with Frank Loney dissenting. It was decided the subcommittee would meet at 6:00 p.m. on March 13, 1997, and that the Hispanic Board would subsequently meet at 7:00 p.m. Item number 9, the presentation by Mr. Valdes regarding his allegation of conflict of interest concerning the ShefiWs office and Mr. Rodriguez, was tabled for the next meeting. The meeting of the HAAB adjourned. 4 COLLIER COUNTY HISPANIC AFFAIRS ADVISORY BOARD MINUTES OF MEETING March 13, 1997 BOARD OF COUNTY COMMISSIONERS BOARDROOM, 3~ FLOOR, ADM/NISTRATION BLDG. NAPLES, FLORIDA- PRESENT: Ramiro Mafialich, Chief Assistant Coun~ Attorney, BCC Liaison to HAAB Armando Ayala, HAAB Member Pedro C. Vazquez, HAAB Member Frank Rodriguez, HAAB Member Victor A. Valdes, Las Naciones News David Correa, HAAB Member Frank Loney, HAAB Member Gina Edwards, Naples Daily News Axia Gonzalez, Las Naciones News Marisol Valdes, Las Naciones News Marilyn Valdes, Las Naciones News Henry C. Tribble, BAAB Manuel Andres Laso Edgardo J. Tem'eiro Eva Delashmet Misc. Corre~ Item, /~.~. Copies To: The March 13, 1997 meeting of the Hispanic Affairs Advisory Board of Collier County convened at approximately 7:10 p.m. There was a quorum of five (5) in attendance. A motion was made by David Correa to approve the minutes of December 5, 1996. Frank Loney seconded the motion and it was approved unanimously. The motion also authorized Ramiro Maflalieh to make typographical changesl~at were authorized by the Board. Hancock __ ,/ -- Co~t&nttne ¥ --- 16G Frank Rodriguez then began the report of the subcommittee charged with making recommendations about minorities and Collier County govemment employment, recruitment and promotion. He recommended that a statement be made to the Board of County Commissioners by HAAB on this topic to improve recruitment, selection and promotion systems within the County government and to make sure that the system was more accessible to minorities. He stated that the objectives of the recommendations would be: 1) Improve taxpayer service by use of talent in diversity; 2) Deal with a growing diverse economy; and 3) make Collier County competitive in a global economy. He stated that the emphasis should be not to challenge the outcome of the County Manager selection process but to review deficiencies in the current process. He proposed a diversity review team formed by the Hispanic Board, the Black Affairs Board, community organizations and County Staff to examine the present Human Resources hiring practices for all positions, including County Manager. David Correa commented that there was an under-representation of minorities and that the County Manager should have knowledge and sensitivity regarding minorities and diversity. Armando Ayala believed that the scrutiny should be given to the County advisory boards so that they would also reflect the diversity of the community. He mentioned that critical matters like landfill siting are one on which there shotild be minority input. The Board members then discussed whether advisory boards should be part of the proposed statement to the Board of County Commissioners on the subject of diversity. Frank Loney advocated for inclusion of the advisory boards in the statement. Black Affairs Advisory Board Chairman Henry Tribble commented that there was a history of exclusion of minorities, for that reason minorities do not apply in Collier County. Collier County government should be doing more effort to reach out and contact organizations to get minority applicants. Mr. Tribble mentioned that Commissioner Hancock's response letter of March 12, 1997, insulted the intelligence. He mentioned that the minority advisory boards should not be necessarily confrontational but must be active to address deficiencies in the recruitment process for County positions. Frank Rodriguez advised that there should be a reference to advisory boards and special committees in the statement to be given to the Board of County Commissioners. Ramiro Mafialich mentioned, at this point in the discussion, that the Hispanic Board needed to determine if they had a difference with the BA. AB regarding any challenge to the person selected for County Manager. Henry Tribble mentioned that both Boards should preserve their fight to challenge the person selected to be County Manager if that selection was now one done with minority issues in mind. A discussion occurred, at length, about these points. Frank Rodfiguez agreed that there should be reference in the statement to the Board of County Commissioners about the right to reserve any challenge to the County Manager's selection process. He also mentioned that advisory boards and special committees should be included in the statement. 2 16G 2 A motion was made by David Correa to approve the proposed statement to the Board of County Commissioners as discussed above. The motion was seconded by Mr. Vasquez and a unanimous vote was done in favor of the motion. Liaison Ramiro Mat'lalich provided updates regarding the letterhead, Eva Delashmet's call regarding her absence for this evening, Maria Louviere's resignation, advertisement by the Board office for filling the vacant position, and mention ofMr. Valdes' Internet card. Mr. Victor Valdes, Editor of Las Naciones News, at this point was given the opportunity to speak (continued from the previous meeting) to address a conflict of interest issue regarding the Hispanic Board Chairman, Mr. Rodriguez. Mr. Valdes requested that Mr. Rodriguez recuse himself regarding issues dealing with Collier County ShefiWs Office (CCSO), police brutality and police cases. He also requested the County Attorney furnish an opinion on this matter. Mr. Rodriguez responded at this point by s~:ating he did not 'know what Mr. Valdes was talking about. Mr. Valdes alleged that Mr. Rodriguez represents the CCSO, not the minority community or the public, on police issues. He sta'md that Mr. Rodfiguez always votes against Mr. Valdes when he raises issues about the CCSO. He provided a handout of materials and stated that Mr. Rodriguez served on the CCSO Minority T~k Force. He mentioned a December 5, 1996 correspondence from Sheriff Hunter which he said was designed to interfere with Mr. Valdes' rights to appear before the Hispanic Board. He said that Mr. Rodfiguez has attacked the Las Naciones newspaper and gave, as an example, an article in the 1992 Immokalee Bulletin. Mr. Valdes mentioned the minutes of the April 25, 1996 Hispanic Board meeting where it is shown that Mr. Rodriguez voted against an issue regarding the Sheriff brought by Mr. Valdes. Mr. Valdes added that federal court documents indicate that Anna Rodriguez is a defendant in a lawsuit brought by Mr. Valdes against the Collier County Sheriff. Mr. Valdes mentioned a Las Naciones newspaper highlighting documents showing Mr. Rodriguez to have lied to the Board of County Commissioners in order to become a member of the Hispanic Board. This was an article from July 1994. He mentioned a Las Naciones newspaper of August 1994, where Mr. Rodriguez also lied regarding several topics. He then produced other Las Naciones papers from August 1991, July 1994, June 1994 and February 1997, all of which he claims showed Mr. Xodriguez is partial to the CCSO. Mr. Valdes requested the County Attorney's Office review if these were substantial reasons for Mr. Rodriguez to recuse himself from consideration of Collier County SheriWs Office issues. He said he was making this request in the interest ofthe Hispanic community. He said the recusal would be limited to anytime a CCSO matter comes before the Hispanic Board. Liaison Ramiro M~alich mentioned that the County Attorney's Office would study the request and the applicable law and report back to the Hispanic Board. David Correa was concerned about whether any recusal of the Chairman would have a detrimental impact on the ability to have a quorum. He also questioned what power does the Hispanic Board have over the ShefiWs misconduct. Mr. Valdes responded that the Hispanic Board should report to the Board of Count2,' Commissioners about these concerns with the '166 SheriWs Office, but that he was not necessarily expecting the Hispanic Board to resolve the specific cases. Frank Rodriguez denied that he had a conflict of interest and he stated that he was not an employee of the ShefiWs Office and does not represent the Sheriff's Office. He said the Hispanic Board acted on a majority vote basis. In response, Mr. Valdes stressed that Mr. Rodriguez's wife is an employee of the SheriWs Office and that Mr. Rodriguez is a volunteer on CCSO groups. He said that Mr. Rodriguez has organized meetings for the SheriWs Office and has criticized Mr. Valdes. He .qaid that he firmly believes that Mr. Rodriguez is against the Hispanic community when it comes to CCSO issues. Mr. Rodriguez countered that there were many people at these meetings and that the Sheriff had responded regarding the allegations raised by Mr. Valdes in the Las Nacion~ newspaper. He cited the March 6, 1997 letter of the CCSO. Mr. Rodriguez responded that he never contacted the CCSO regarding Mr. Rodriguez's conflict of interest since the Hispanic Board is not part of the Sheriff's Office. Mr. Valdes said that the Sheriff's Office continues to cover up and lie. He said that the SheriWs Office has supported brutality against Hispanics. He alleged that Mr. Rodriguez sold out to the Sheriff's Office because he was having financial difficulty when he arrived in Collier County. Mr. Valdes cautioned that more Sheriff's Office issues will continue to come before the Hispani~ Board. The meeting adjourned at approximately 9:00 p.m. Respectfully submitted, StaltLiaison to the Hispanic Affairs Advisory Board APPROVED BY TIlE HISPANIC AFFAI1LS ADVISORY BOARD ON JUNE 25, 1997. Chairman of the Board 4 COIJJ R CC) GOVERNMENT PELIC, A~ BAY SERVI(~$ DIVISION 801 LAUREL OAK DRIVE SUITE 605 NAPLES, FL 34108 (941) 597-1749 FAX (941) 597-4502 A CEJL'TIFIED BLUE CHIP COMMI..'~IITY NOTICE OF PUBLIC MEETING NOTICE IS HERBEY GIVL-~ OF A REGULAR MEETING OF THE PELICAN BAY MSTBU ADVISORY COMMITTEE AT THE FOUNDATION CENTER, 8962 HAMMOCK OAK DRIVE, NAPLES, FLOPXDA 34108 ON OCTOBER 1, 1997 at 3:00 P.M. AGENDA Roll Call Approval of Minutes &the September 3, 1997 Meeting Clam Bay Restoration and Management Plan (A) Status Report on Environmental Permits - T. R. Brown (B) Status Report of Project Manager for permit implementation Discussion &Committee involvement with PBSD projects - Carryover from September 3, 1997 Meeting Consideration of Replanting Program for that portion of the Division's Water Management System lying west of the Heron Condominium Discussion to set a Public Hearing Date for Bicycle Paths on Pelican Bay Boulevard and Gulf Park Drive Audience Participation Committee Requests Adjourn ADDITIONALLY, THIS NOTICE ADVISES THAT, IF A PERSON DECIDES TO APPEAL ANY' DECISION MADE BY THE PELICAN BAY ADVISORY COMMI1WEE, WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING, HE WILL NEED A RECOI::LD OF THE PROCEEDINGS AND THAT FOR SUCH PURPOSE, HE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF TIlE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. ~err Y ---'-"-- Misc. Corres: Copies To: Naples, Florida 2 September 3, 1997 LET IT BE KNOWN, that the Pelican Bay MSTBU Advisory Committee met in Regular Session on this date at 3:00 P.M. at the Foundation Center, $962 Hammock Oak Drive, Naples with the following members present: Dr. Alan Varley, Chairman Mr. George Wemer, Vice Chairman Mr. Thomas Brown Mr. Rodkey Craighead Mr. Frederick llano (Absent) Mr. Edward Griffith Mr. Glen Harrell (Absent) Mr. Herbert Hasson Mr. George Hermanson Mr. John Hoyt Mr. Russell Mudge Mrs. Cora Obley Mr. Anthony Pircs Mr. Charles Popper Mr. Bemon Young (Absent) ALSO PRESENT: Various residents of Pelican Bay (approximately 17); Mr. James P. Ward, Division Administrator and Mrs. Barbara Smith, Recording Secretary. AGENDA: Roll Call Approval of the August 6, 1997 Meeting Minutes Clam Bay Restoration and Management Plan A) Status Report on Environmental Permits - T. R. Brown B) Discussion of Project Manager for permit implementation Discussion with regard to The Conservancy's participation in the Water Quality Analysis; llofida Yards and Neighborhood Program and alternative sources for funding Discussion of Comn'ittee involvement with PBSD projects -Audience Participation- · Committee Requests and Audience Comments Adjourn ROLL CALL: Dr. Varley called the meeting to order and asked that the Record show Messrs. Fred Flatto, Glen Harrell and Bernon Young with excused absences. APPROVAL OF MINUTES OF THE AUGUST 6, 1997 MEETING; Mr. Mudge moved, seconded by Mr. Has.~on and approved unanimously, the Minutes of the August 6. 1997 ,L£eeting. -2593- PELICAN BAY ADVISORY COMMITTEE September 3, 1997 16H 2 ~LAM BAY RESTORATION AND MANAGEMENT PLAN A) STATUS REPORT ON ENVIRONMENTAL PERMITS Mr. Ted Brown reported that if you were around Clam Bay before Labor Day you saw a fleet of canoes and government regulators walking and paddling the waters of your estuary. At this juncture everyone who needs to see the site has seen it. I don't think EPA will come to look at it and they will be the least significant of the agencies at the Federal level that will need to comment. The two critical ones, National Marine Fisheries and the U.S. Fish and Wildlife, were there yesterday and we walked and paddled through everything there was to see. Mr. Ted Brown continued that you had received a copy of the Request For Additional Information from the State of Florida and if you read through it you can see that progress is being made with that agency in terms of issues that they are wishing to have us address. One of the things that has come out of our site survey is that we have identified an alternative site for spoil disposition that is attractive to our consultant team and the regulators. This site is on the southern side of the main channel on the other side of the island. It is an area where the G-ulf sand is beginning to accumulate and push back into it. It is very shallow with the exception of about 3- 4 feet deep channel along the southern most portion of it. It has no sea grasses and goes virtually dry at iow tide. Even at high tide with the full moon we had last week, it was still only about one foot deep overall. We think, and we don't know, the very next task we are asking Wilson, Miller to do is go out and quantify how much of the spoil disposal that site can take, but our preliminary estimates suggest that we can get virtually all of it in that location. That is significant in terms of potential cost savings, because we are not using multiple sites and because the elevation at which we can put it in there will allow us to do it in a way that will not create uplands, but an area where 2594 PELICAN BAY ADVISORY COMMITTEE September 3, 1997 16H natural propagation of additional mangroves can take place. That is a huge plus to what it is we are trying to accomplish. The pitfall is that it does not take as much as we preliminarily thought it would, we would have to revert to one or the other alternatives as an additional disposal location Mr. Brown continued that in the last several weeks we have examined both from a cost point of view, technological point of view and a logistical point of view, a variety of other options for the disposal of spoil. Those have included, at the direction of the agency, pumping it into the Gulf of Mexico which has now been eliminated and included the more traditional methods of trying to haul it in some fashion and the costs of all ofthose are offthe charts in terms of available revenue. An example which gained some initial attention of both the agencies and myself was aerial disposition through a patented formula called Jet-spray. I don't think we will end up using it. It is a methodology which has been used very successfully in very ecologically senfitive wetland areas, but not with any good examples in mangrove areas. In has been used in areas which are more salt marsh transition areas which you would find in New Orleans or along the coastal regional of eastern United States. The video is very impressive, but when you see that much material being blasted into the air about 600', it is a little intimidating. On the other hand, the purveyors of the service say they can control the disposition of material to within ',~". In the small measure what you are doing is taking the material, blowing it out with large quantities of water, almost like you would ifyou had a fire engine, in a variety of directions. That migh{ work reasonably well on a salt marsh, but it has some issues associated with it in the context of a mangrove. Mr. Ted Brown continued that we are making great progress at this point. My sense is that we are in the stage of this process that is the most difficult, but is the end game of the 2595 PELICAN BAY ADVISORY COMMITrEE September 3, 1997 16G 2 process. What that essentially means is that I am hopeful that we can persuade the agencies that there is a need to get this done sooner rather than later if we are going to have a chance of implementing, particularly the major excavation points, before the beginning of turtle season next year, which is the articulated goal I have given them and given everybody. In the next fifteen, twenty to thirty days we have to identify and quantify the capacity of the revised spoil location to take the spoil and we will be doing that next week. The second is that we will, in order to address the sea grass issue which persists as an issue, but not nearly at the level as before the site visits, physically with the regulators walk the channel. We will mark the channel as proposed for excavation with stakes and with GPS technology so that we can develop an accurate survey and locate it on a survey in the field and on a piece of paper. The agencies at this point, certainly the State has and I am not going to say this is necessarily true for the Federal agencies, but I think they will come to this point of view, have recognized that there is likely to be some attrition in the short term of sea grasses in order to construct the cannel that is required to make this system work. I think the State is prepared to say that short term loss is just that, a short term loss, and the conditions that will persist in the system after implementation will enhance the tenacity for sea grass expansion and propagation and that the overall benefits of the system far outweigh any short term loss. Having said that is a position, I feel comfortable articulating on behalf of FDEP, it will be necessary for one of two things to happen. Marine Fisheries will need to reach the same conclusion or failing that, for the Army Corps of Engineers to tell them that they have reached that conclusion. I think either one of those or both are probable and I do not anticipate that being a significant impediment in the very near future. 2596 PELICAN BAY ADVISORY COMMITTEE September 3, 1997 166 2< Mx. Ted Brown continued that with respect to the navigation issue "the red herring", we have agreed with the agencies and the next letter I send will do this so that we get rid of this as a source of discourse, to substitute in the Plan the County Ordinance 96-16, which essentially allows motorized boating within the system as a whole as it presently exists. In short, no change in the navigational parameters. When the agencies actually got in the field and looked at where the channels are and the actual size it is intended to be and how they relate to the overall topography of the area, it becomes clear that even with an enhanced depth characteristio of the main channel it does not materially improve navigability to the extent that one can anticipate seeing a 27' Hatteras sneaking into Clam Bay. That is just not going to be physically possible. There will not be enough dirt moved to accommodate that. What I will say is that the policy will remain as it is now. My understanding is that it satisfies the Seagate residents and I presume it will satisfy the City of Naples which has gone on record essentially opposed to the project primarily predicated on that issue. Mr. Ted brown continued that the other issue that remains on the table and not at the regulators level because they are in support ofit, is the Seagate culvert matter. That is one where there appear to be a variety of under agendas that have nothing to do with the science or the ecology of the outcome. It has to do with the things that relate to the history of Pelican Bay's relationship with the City of Naples. The City Manager has taken a position in his correspondence to the agencies that he opposes that part of the project and the original plan as it was des~bed for navigation. I think we have solved his navigation problem and we have made no adjustments to solve his perceived problems surrounding the culverts. My sense is that too will pass in time. 2597 PELICAN BAY ADVISORY COMMITTEE September 3, 1997 166 2. Dr. Varley asked if he understood that the City Manager has formally said he is opposed to the program? Mr. Brown replied, opposed to the portion of the program that relates to the Seagate culverts and took the position that he wanted to see what we are going to do with the freshwater before he would support it overall. I think all of that will get worked out, I am just reporting the news to you. In that regard a City Commissioner, Bonnie MacKenzie has also written to Congressman Porter Goss raising those two issues as well. What happens when you write a congressman in this area is that you do not get an immediate response. The congressman packages the letter under a staff letter and puts his stamp on it and they send it to Colonel Rice who is the District Engineer for this region. The District Engineer does not have a clue what is going on because he has more things to do than he can say grace over and he packages that package up and sends it down to Chip Clough who is the Corps person on point. He then puts his form letter back on it which says we are continuing to investigate the matter and that letter goes to Congressman Goss, who then sends it to Commissioner MacKenzie and the issue is closed. That has been done. It does allow me to say something that I do think is important. The Public Comment period closed on August 20, with the exception that it was kept open at the request of National Marine Fisheries and U.S. Fish and Wildlife for an additional twenty days. It will now close on September 19. The technical proposition is closed for everybody, except for those two agencies, but as a practical proposition the Corps of Engineers will take comments from anybody through September 19 on this project. I don't know whether any of you have yet written a letter in support of this project, but if you haven't, you should. It should not be from the Chairman on behalf of the Board, it needs to be each one of you individually and anybody in the audience who 2598 PELICAN BAY ADVISORY COMMITTEE September 3, 1997 16G 2 thinks this is an important thing for the community to do. You need to tell them this is an important project, how it got started, what it means and what we are trying to do, so that there is information in the file that reflects that there is at least public support for what this is about. I do not want to mislead you and say these letters get brought up in son of a political beauty contest because they do not. On the other hand it is interesting that we have been advertising this as we have gone through this process that this is not a developer deal, not a deal where there is any gain for anybody, but a citizen group of'individual people who are committed to do the fight thing by a resource. Weeks ago you asked what you could do to help and now I am telling you it is now time to take the fifteen minutes to write Chip Clough a letter telling him you live in Pelican Bay, support this project and want it permitted as quickly as possible and please get on with it. If any of you know Congressman Porter Goss, I think he ought to know the facts and that Ms. MacKenzie's concerns are misplaced. It is indeed instructive to me that they are articulating concern that this will have some adverse affect on Doctor's Pass. The engineer that designed and p.ermi_t.t_e_d Do.ctor'_s p. ass is the sa.m...e. ~qa.sga]_E_.ngi_neer3hat we are using in our project and he has given everyone his opinion that it will have no adverse impact on Doctor's Pass. It is like so many things in the environmental arena, if you want to believe it you do and if you don't, you don't, it doesn't matter what the facts are. Mr. Mudge stated that Mr. Ward should get the addresses out to the Board. Dr. Varley asked it'the Foundation would let us run this on the scroll channel? Mr. Ward replied that he would ask them tomorrow. Mr. Brown continued that he met today with Mr. Steve Pisner of the Naples Cay Master Association and am happy to report that he is 150% willing to go forward with us as outlined. He 2599 PELICAN BAY ADVISORY COMMITTEE September 3, 1997 2 is going to write letters in support of this also. The next things we will be doing there to bring that to a close is that Wilson, Miller will be going out and staking the area that we think we need to develop a legal description boundary, that is large enough for us to do the work we need to do and have the ability to get in and do whatever maintenance is required sometime out into the future. Once that has been done we will then survey those stakes to develop a precise legal description. I then want to take that to a title company and get it searched so that we can discern whether there are any other parties that claim an interest in that dirt. There has been a suggestion that a Mr. 1ohn Pulling, used to own all of that land. I am told that he reserved a one foot strip of dirt for the express purpose of being able to have a veto over whatever goes on it. If in fact that is true, Mr. Pulling will have to be consulted in connection with this to get his concurrence. That will happen, but to the extent that any of you run into Mr. Pisner, express your gratitude. He is 100% on board with our agenda and has authorized me to report that to you and any of the regulatory agencies. Mr. Ted Brown continued that he has initiated with the City ofNaples a request for them to issue a permit to modify the culverts as well. As I indicated to you, the City Manager at this point is sitting back on that issue, but his Natural Resource Director has reported to me that he is 100% in favor of what we are trying to do. I don't know how all ofthat will finally play out, but being the eternal optimist that I am, I will say that we will get it resolved in time and in some way. We are formally in play with the City in the sense that they have in front of them what they directed me to file, which was a letter with appropriate exhibits requesting permission to access those culverts to initiate the work. A normal timeframe if there were no expedited results involved and the normal timeframe is a source of concern to me if we are going to be able to meet 2600 PELICAN BAY ADVISORY COMMITTEE September 3, 1997 my objective of having this done before turtle season. Given the normal things under FDEP even after they say they are ready to go and have accepted everything, they have a 90 day window before they are physically obligated to hand you the permit. What you can see from that is that if they green lighted this thing on October l, you still would not get it bet'ore .l'anuary 1 and that is too late to go to bed and do a whole lot of things to get that built and in place. Mr. Bray, Mr. Clough and I will be having some conversations this week in an effort to get them to get outside ofthe box and to move forward and deliver this permit considerably in advance of that timeframe. If that can happen, then we need to get very aggressive about developing and turning loose some of the money that goes into the' implementation phase and develop the blue line drawings, etc. The way this will come about is that they will give us a permit, essentially we will incorporate the plan as modified by agreement between us and the agencies, but in order to physically move the dirt we will have to provide a Notice of Intent To Proceed which will be accompanied not by permit drawings that are loose sketches, but by engineering drawings that are of sufficient detail that they can form a basis of a bid document. Dr. Varley asked if that had to be approved again? Mr. Brown replied that it did not as long is it is compatible with what you have there, that is a rubber stamp, but you still have to go through that process. By next meeting I may want you to get a little ahead of the curve and risk a few of those dollars to develop some of those planning documents. Mr. Brown continued that he would like to get two or three additional dredge operators on the property. What we have to do and where we have to do it is very delicate and would want to do it with a level of' sensitivity that needs to be reflected with minimal collateral damage to the system. It is important that we pre-qualify two or three operators that we would 2601 PELICAN BAY ADVISORY COMMITTEE September 3, 1997 2 encourage to submit bid proposals so that we can feel comfortable in tilling you that any one of these three or four can do the job and then you can focus on price rather than their ability to do the work. I will be getting with Mr. Ward within the next week to ten days to begin to develop some bid criteria that we would want or bonding capacities for these contractors. This is the single most important part of the deal and getting that done fight and in a way that the agencies will look back and say you did it right is really critical. Mr. Griffith asked if all of the construction plans that are needed to do some of this stuff have had their bases covered with the other agencies? Mr. Brown replied that no, we have not. The County Natural Resource Department staff has to certify that we are in compliance with their Comprehensive Land Use Plan to the State of Florida. I asked our Mr. Lorenz and Mn Hatcher if they would not mind running that down for me and get that letter. We got a letter back from the County saying that our plan is not in conformity with their Comprehensive Land Use Plan because it affirmatively appears that it would violate the policy of the County against no net loss of sea grasses. At this juncture we do not have that piece of paper, but like everything in this area, that is just the way it goes and you back up from that and you go deal with it and we will get past that. Mr. Werner asked the timing involved with the Seagate culverts? I kind of had the impression beforehand that we were going to do that, but only if needed. In other words if the system was functioning without tampering with that, then it would not have to be done. Mr. Brown replied that is not correct and I do not know where that came from. The answer is, the Seagate culverts in terms of what they do in contributing to the maintenance of the main channel by putting those in there, they hold the water and function as a pump, operate in 2602 PELICAN BAY ADVISORY COMMITTEE September 3, 1997 2 inverse relationship to the size of the channel that we are ultimately going to be allowed to develop. The smaller the channel, the more important the Seagate culverts will be. Ifwe are able to build the channel as we have designed it and I think we will be able to, then the head differential between Venetian Bay and Clam Bay will be roughly equal, thereby minimizing the effect in terms of the push on each element of the pump to the cleaning mechanism. In that context, ifall else failed and we were denied the ability to do it, it would not be a fatal flaw in the operational characteristics of the system. On the other hand, the installation of the flap gates have two very empowering advantages to the overall health of both Venetian Bay and Clam Bay, that both the Corps of Engineers and FDEP strongly support. That is on the thirty day cycle, if we change that from an oscillating type system, such as it is today, and turn it into a pump system, we will totally exchange the water at that end of the system about every thirty days. It has very dramatic affects in that context on water quality on what is essentially now a dead end system on both sides. If it weren't for the oscillation, it would be a real dead end problem and very __p.r_oblematic in all .!ikelih_0.0d, .With the pump, we.will totally exchange that water about every thirty days based on Mr. Tackney's computations. What that does for water quality and what that pump does cumulatively over time is important to channel maintenance and is important to improving the overall integrity of both sides of Seagate Drive. Mr. Hasson asked if the City of Naples has to approve what is going to be done at the Seagate location? Mr. Brown replied in the affirmative. We have formally filed a request that they do so. Mr. Hasson asked if we knew this would happen7 2603 PELICAN BAY ADVISORY COMMTFTEE September 3, 1997 Mr. Brown replied that he would predict that it will, on the basis that I am a pretty persistent fellow. Dr. Varley stated that the last Notice of Incompleteness which we received on August 7 had a number of things that needed to be responded to and asked if this is a ever narrowing number of issues or the next time we get one can they come up with new ideas? Mr. Brown stated that he had hoped in sending that letter out you would have looked at the first letter and saw that it was considerably narrowing. I view it like a funnel. You start at the top and push a permit out of the bottom. My sense is that we are coming to the end ofthe game. We had new players when the FDEP came down and one was a Coastal Engineer. It was a man from China and I could not understand him. His English was not good enough to grasp what he was asking us for. My sense is having Mr. Bray tell me what he thought he heard as well, is that his concern was more driven around issues that were more akin to a channel cut that was being used for navigational purposes as opposed to one being designed for ecological purposes. I am waiting to hear in writing what the issues are. At the risk of getting way far afield, I am very much secure in saying to you that Mr. Bray is not going to allow the engineering arm of his agency to dictate outcomes here. Mr. Bray is the man who counts. We will try to accommodate his questions to the fullest extent we can, but we don't have the time or money and that message has been delivered. Dr. Varley asked "How many more lobs over the net would you expect"? Mr. Brown replied that he is reasonably hopeful that we would not have any more. I don't want to say that we won't, but I think we can get to a place and that is what I am asking Mr. Bray to do and I think he will, where we can begin to work on the meat ofthe coconut even 2604 PELICAN BAY ADVISORY COMMITTEE September 3, 1997 16G 2 while we are responding to lobs, so that we don't have to stay in a straight serial fashion. I believe they will accommodate us in that regard. Dr. Varley asked if the agreement with the Seagate folks, that I have never seen, commit Pelican Bay to any long term financial responsibilities.'? Mr. Brown replied that it does. It is consistent with what we have previously talked about. We have not entered into any agreement, but the proposal that I made months ago and did communicate to you is that we would install the culverts at our expense and that we would maintain the culverts on into the future. Mr. Ward replied that is codified in an easement which essentially indicates that whoever is the owner of that property will grant to the County an easement over, across, under and through that property for the purpose of construction, operation and maintenance of the facilities that are identified. Dr. Varley stated that he did not realize how much help we are going to do Venetian Bay. If we are going to pump their bay out for them every thirty days, it does seem to me they should be ore than just a drag on this process. I would like to be sure that we are not going to get ourselves committed to long terms financial responsibilities that begin to build and mount in the future. Mr. Brown replied that he sees no real expense to you after the initial installation. The particular technology that we have recommended in the plan which is the rubber closing devices that Wilson, Miller came up with, had no moving parts, they are a very heavy duty gage of rubber and I would anticipate they would serve in that environment for some years into the future without any real maintenance. The plan itself, based upon the manufacturers recommendation, we 2605 PELICAN BAY ADVISORY COMMITTEE September 3, 1997 16G 2 were physically only going to go look at that on an annualized basis and we decided that we ought to look at it a little more frequently. Once it is installed, yes sometime out in the future, however long a culvert pipe can last and however long that rubber lasts, you will have to go in and do some sort of work. I would think that is a long way out. Dr. Varley stated that his concern is that down the way if something goes wrong with Venetian Bay and somebody says that figs bay was perfectly fine before those people in Pelican Bay put these culverts in here, then what is our responsibility? Mr. Brown replied that he does not think there is any responsibility. If you have installed and performed in accordance with the permits that you have, there is no liability. If everyone concluded at some time in the future and the risk factor that has been identified is that we would be contributing in some way, shape or form to the alteration of flow through Doctor's Pass so that it was closing prematurely, etc., all I can tell you is that on what I think is the responsible discourse is, that is not possible. Let's assume that people conclude that happens, then the Plan contemplates simply removing the rubber flap gates and going back to the oscillating system. In that context, what do xve lose? As long as we have been able to build the channel, we don't lose a lot in push, but we do lose the benefits of the accumulative push/pull of water and we do lose the benefits of effectively turning the water over every thirty days. Dr. Varley asked Mr. Brown his feeling on how to get the spoil materials from the north part down to this new locations? Mr. Brown replied that it will not reach all the way down there. In the area where there are dead mangroves, we are going to examine the feasibility, with the agencies concurrence, of spreading that in a very thin layer over that area. 26O6 16G 2 PELICAN BAY ADVISORY COMMITTEE , September 3, 1997 Dr. Varley asked if the material will be pumped or how? Mr. Brown replied that it will be pumped. The balance of the materials will be pumped to areas immediately behind the dune line that will be identified and agreed to with the agencies. We have preliminarily located tho~, but have not quantified their capacity to take it. It wa~ u.~fful to be out in the water with them and physically observe the constricted areas and what the differences are. At one point even at a very high tide you are paddling at 4-5' feet of water and then suddenly come to six inches of water. There were some very dramatic illustrations of the kind of benefits that these kinds ofinitlatives can have. Mr. Hermanson asked Mr. Brown to point out on the map the location of the potential area of dredge spoil. Mr. Brown pointed this area out on the map. Mr. Brown continued, saying that at this point we have been ~rt of given the nod to pursue that aggressively as the lead alternative for spoil disposition and frankly it was Da. Snedeker and Hillestad that came up with that idea and the agencies seem very enamored with it at this point. Mr. Hermanson asked if he felt that by pushing the beach sand back out you will have enough volume to essentially put all of the dredge material and still be at an elevation compatible with the surrounding area? Mr. Brown replied that ifwe come up short we are going to have to look back into two other areas which he pointed out on the map. Nobody is flinching at that and the hope is that in our rough cut calculations we can make that work. We have a pretty good handle on how much material we are taking out, and the core samples we have taken as to how much of that material 2607 PELICAN BAY ADVISORY COMMITTEE , September 3, 1997 16C 2 has to be deposited on the beach. By law, if it is good beach quality it cannot go into this preserve it has to go on the beach. We kind of know how much we have to play with and get rid of. First cut estimates, subject to field verification by Wilson, Miller during the next week will give us some comfort that this will work. I believe it will also be more cost effective because we will be in one location and we can plan the entire dredging operation without having to move the disposition point to a variety of locations. MR. PIRES LEFT THE MEETING AT 4: lS PM Mr. Hasson asked if we would be exposing ourselves to any other liability? We had some people here from Seagate and alluded to the fact that we were going to spoil their boating and I know we are not going to be doing that, but suppose down the road sometime the residents get together and decide we have screwed it up? Mr. Brown replied that the answer is no, you do not. I can't keep them from paying the fees and filing the suit, but can they recover? No. Mrs. Desilver, Mangrove Action Group stated that it all sounds terrific. Ifwe started on the Yards and Neighborhoods Program, wouldn't that be a plus in terms of the regulatory people because they have made such a point of wanting this program. Mr. Brown replied that there is no questions that this would be a plus. I would encourage you that to the extent that people begin to do it, you develop some sort of a tracking system that allows us to know who and how many are doing it and what they are doing. In this type of government work, it is important to get credit for what you do. To the extent that you start doing that and nobody can verify where you started from and where you went to, you won't get the credit. At some point in time, when we are held accountable, they are going to grade our paper 2608 PELICAN BAY ADVISORY COMMITTEE September 3, 1997 16G 2 on how well we did on implementing this and I would like to be able to say that there were "X" number of homes out here and of that numbe:, "X" agreed to participate in the program and here are the steps they have taken, which has resulted in A,B,C and D and we can demonstrate that. If you do it, please before you leap in and do it, develop a mechanism ot'reeording it. Mrs. DeSilver stated that we have said many times that there ar~ private homes, condos and there are the people who come in to do landscaping and maintenance. In order to communicate with these different groups we need to have some sort of brochures to direct what can be done. Way back the Mangrove Group stated they would be glad to help finance the publication of brochures to do this. I want to repeat that we were thinking in terms of the initial printing of material and would like to make a contribution to this and also in the concept of implementation. If there are brochures, maybe a coupon could be included to be completed if'this program was going to be worked on for tracking purposes. ~Dr. Varley asked Mrs. DeSilver how many people she could get to write letters in ~uppon or'this program? Mrs. DeSilver replied that she was thinking she could get a mailing out to all of their members and print all of the different addresses and timeframes in the letter. A member of the audience asked ifa sample letter could be provided? Mr. Brown replied that he would fax a letter to the Pelican Bay Services Office on Friday morning that would contain the major high points. This letter could be distributed to anyone who might want to send a letter and it could then be personalized. 2609 PELI~IAN BAY ADVISORY COMMITTEE · September 3, 1997 16G 2 Mr. Ward continued that once the bids have been awarded by the Board of County Commissioners, we then sign contract documents with the contractor based upon those bid proposals, which essentially are the bid specifications that you prepared along with a two or three page agreement that says you agree to provide the services contemplated in. the exhibit for a certain amount of money, in a certain timeframe. The contractor provides us with all of the insurance certificates and his performance and payment bonds if they are required are reviewed by my office and the County Attorney's office then signed by the Board of County Commissioners. Then you are offto the races. The time schedules to do all of that can be lengthy and now is the time to get some of those design professionals on staffto do that. Mr. Ward explained that with respect to the Seagate culvert issue the specific professional that you will need is someone who is a Civil Engineer who can handle the design aspects of the culverts. It is a relatively simple job from a civil engineering perspective and that individual will need to complete the final design elements which include the technical specifications themselves to do the drawings necessary to construct. Wilson, Miller will need to do some of the surveying work, etc. Then in some form, construction inspection services will have to be provided, which will be required on all portions of this job. Whoever this design professional is that you hire, whether it be Wilson, Miller or some other design professional, they will be required to certify to us that the facilities have been constructed in accordance with the plans and specifications, which relieves you of all of the liability with respect to the construction activities that occurred on this job. It assures you that the design they did for you was constructed correctly and they sre certifying to you that based on that design and the fact that it was constructed in accordance with that design plan, it will work. They are assuring to you that their design is in fact correct and that 2612 PELICAN BAY ADVISORY COMMITTEE September 3, 1997 16G 2 they will take responsibility and liability for that design. Whoever you choose as the design professional needs to be the company that you retain as the construction inspector to be able to certify the design on this project. That is true on the Seagate culverts and can be handled by a number of firms here in the County. I provided to you last month, a number of other engineering companies that are available and qualified to do this kind of work and is the decision point at this particular juncture ofthe process with respect to moving on with the Seagate culvert design. Dr. Varley asked if that concern is picked and there is no competitive bidding? Mr. Ward replied that Chapter 287, The Consultant Competitive Negotiations Act, you can go through that process in order to choose the design professional, but that is the qualification base. You can pick one of those design professionals and now you can go back and negotiate a fee based contract with the specific design professional at that point. Mr. Ward explained that with respect to the excavation work within Clam Bay, that work has primarily been handled by Tackney and Associates with Drs. ttillestad and Snedeker assisting. Those individuals will need to be the design professionals that work primarily on the balance of the design necessary for those excavation cuts. We will need an engineering company. Whoever you choose as the Seagate culvert engineer, to continue on to do some of the blue line drawings that will be required, to physically get it on a piece of paper as to where it needs to go in the field and to write some of the technical specifications that will be associated with that. Mr. Ward stated that with respect to the interior tidal cuts, those cuts outlined in Mr. Brown's plan are very similar to the short range cuts done by Mr. Robin Lewis. Those are his work product in this plan and really should be handled by him. He will need some assistance in putting some of the technical aspects on paper and the drawings in blue line. 2613 PELICAN BAY ADVISORY COMMITTEE September 3, 1997 Mr. Ward explained that finally and most important, is what I call an Environmental Project Manager which is someone such as Wilson, Miller; Hole Montes, etc. which will have to be maintained on a daily basis to implement and review the work of the contractor specifically doing the excavation work in Clam Bay. We need to be assured that wherever that contractor excavates is exactly where the plan shows it and to the depths outlined in the plan and does not either over excavate or under excavate those areas. That is a critically crucial area in the actual work product of this plan. Whoever that is needs to be a representative of that engineering company and they can probably do some double duty in terms of doing the daily inspection work on the tidal cuts. Depending upon the individual and their qualifications, they can probably do some of the day to day inspection work that will be required on the Seagate culverts. Mr. Ward continued that those in essence are the issues that we have with respect to moving on at this point. As indicated to you, most of the other issues are longer term and that is the monitoring phase of the project and what happens after the construction is completed. I am not in a position to provide a recommendation to you at this time, until we see what conditions will come out as a result of the permit conditions. That is something you do not need to make a decision on today. With respect to the starting the specific design elements, this is a crucial stage for you to have the discussion as to the design professionals and whether they be existing design professionals or some other ones that are available to help you through finishing the design and then the construction and inspection work related to this project. Dr. Varley asked what Mr. Ward was expecting from this group today.'? Mr. Ward replied that he would like some feedback as to your thoughts on the process itself. I have obviously listened over the past year with respect to concerns that have been 2614 PELICAN BAY ADVISORY COMMITTEE , September 3, 1997 expressed with using Wilson, Miller and maybe it is time to find some alternative engineering companies that could assist us in our endeavors. This is an opportune time to do that. That is the thought I want to plant in your head. If we are going to do something about looking at that issue, this would be an opportune time to do it. Whoever that firm is, we need to stick with that firm over the next twelve to eighteen months. Mr. Ted Brown stated that in this particular arena the agencies almost uniformly, and I certainly don't expect any exception here, require somebody to be on the property in charge who is typical!y not a engineer. He is an ecologist, a biologist, and environmental guy who is presumed to have a sensitivity as to how this is being implemented with those criteria in mind. To the extent that you focus on an engineering firm, I can assume that you can double dip and find someone in that organization that can carry that mail for you and be sensitive to whether or not they have those kinds of people on their staff. Otherwise you have to hire somebody independent to fulfill what will be a permit condition in that context. I wanted to emphasize that to you as you begin your discourse. Dr. Varley asked Mr. Brown if there was usually one individual in charge of the entire program or is it divided such as Mr. Ward is suggesting, with somebody monitoring one pan of it and somebody else watching another part? Mr. Ted Brown stated that the person he is talking about is the person the agencies are essentially going to look to for the entire program. The Seagate culvert deal is really almost exclusively an engineering function that any number of engineers and contractors can do. It is not rocket science work. Because it is being permitted as part of an ecological restoration project, it is going to fall within the purview of what I call the "Overlord of the Environmental Supervimr", 2615 PELICAN BAY ADVISORY COMMITTEE . September 3, 1997 for lack of a better term. I don't disagree with Mr. Ward's initiative of pushing you forward to think about this. If I can push to get these permits as fast as I am trying to do that, we will have to find ways to tighten our schedule so that we can get underway aa soon aa possible. Mr. Werner asked ifthere was any type of flow chart for this to happen? Mr. Brown replied that in the application itself there is a series of timefi.ames and for the most part I would like to hit the ground running almost simultaneously. Mr. Werner stated from what he has seen the Seagate culverts are not at the fi.ont. Mr. Brown replied that they are not, they are at the end. During my conversation with Mr. Pisner he requested that we not undertake that work during the season and is a fair request in my view. Dr. Varley asked whose season, the people or turtle season? Mr. Brown replied that in Mr. Pisner's case it is the people season. The turtle's will not be an issue with the Seagate culverts. hO. Griffith asked ifthere was a budget for this phase of the project? Mr. Brown replied that there is, but not for that consultant. They were included in the numbers provided. Mr. Ward replied that the cost estimates are in the total number and it is now time to start specifically identifying with the design professionals the costs of doing the design and putting together the construction inspection numbers for these phases of the project. Before we get to that phase, we have to discuss who is going to do that work? Mr. Werner asked if we are talking about the total budget number~ and not the ~h~t provided? 2616 PELICAN BAY ADVISORY COMMITTEE September 3, 1997 16G Z Mr. Ward replied no, that just covers the permit issue and we are now on the next phase of getting the design work done and then the numbers for the construction inspection portion of the job. The construction dollars are still an issue that is open. Mr. Hoyt stated that he still does not understand and asked who is overall in charge7 Mr. Griffith stated that was what he had in mind himself and was thinking of in the scope of things is that maybe it is two pan and can be combined where the two parts are the responsibility of one entity. You have your design part which is permitted and your design and bidding process and certifications required by the person who did the design, but then you have somebody that is actually monitoring the construction. Is that a two part process that cannot be one entity? Mr. Ward replied that it depends upon the individual you have out there. The environmental individual that you need to review the construction of the excavation work is a very specific kind of person. I looked at the Seagate culverts and considered that one of the civil engineering no-brainers that any number of companies can go out and do. Mr. Griffith stated that it appears to him that you could get a cost savings from having one comprehensive plan or set of documents that would go out as one bid, where you would get one price back. There should be bidders to handle the whole thing, otherwise you would have multiple packages going out getting different bids and each will have their additional costs on top of it. Mr. Ward agreed saying that it depends upon what the timing will be. You may not want to bid that just yet, pending the construction activities dealing with those issues and get through with the major construction ofthe interior tidal cuts first and the creation ofthe spoil islands. The 2617 PELICAN BAY ADVISORY COMMITTEE September 3, 1997 16G 2 County has already done the process in terms of going through the CCNA process and there are five engineering companies in the County that have been put under contract. The question is just picking one. Dr. Varley asked ii'Mr. Griffith meant that we should have a 8eneral contractor who then subcontracts the dredging and the Seagate cement, etc? Mr. Griffith replied no, the construction aspect of it is totally separate. The scope of work is just strictly the design and somebody who did the design being able to go out to the site and certify that it was done in accordance with the plans. I can see that happening through one entity, rather than having multiple people. That is why I was asking the question. Mr. Ward replied that it is one entity with the caveat that Tackney and Associates, along with Mr. Robin Lewis will have some significance on the design elements of that. They could either be sub-contracted to the entity or we will do a contract with them directly. Mr. Griffith replied that is more easily manageable if you have only one consultant to deal with versus several. Mr. Ward replied that from his perspective it is easier to deal with one consultant who has the responsibility to bring those others on board and do a technical design and then it comes back into my lap for the business deal. Mrs. Obley asked who would be the one to write the contract? Mr. Ward replied that the way it works in the County is that the division that is requesting it, along with the Purchasing Department and the County Attorney's office, prepares the business portion of the deal and then the design professional will prepare the technical section and they will be accumulated into one set of documents for purposes of bidding. 2618 PELICAN BAY ADVISORY COMMITTEE September 3, 1997 16G 2 Mr. Popper asked Mr. Ward how he saw himself'in this whole myriad of people? Mr. Ward replied that his forte was the business side of the issue, controlling the costs and making sure that whatever the design professionals come up with gets constructed within the constraints of your budget and I will rely on those individuals to make sure it gets constructed on time and in accordance with the design contract. I am indicating to you that it is a team effort. It is not one person, or firm that goes out and does all of' this. You have to work together in this kind of a project to get a job done. Mr. Popper stated that someone has to pull all of'this together. Mr. Ward replied that is what he does. .... Mr. Werner stated that truthfully, he does not believe that Mr. Ward has the time to do that. If you are going to go out there and spend a couple of million dollars, you need someone ,,~ ..... you is going to be in charge overall. That is going to pull it all together and Mr. Ward spends one day a week here. - Mrs. Obley stated that she feels Mr. Ward should be in a position to recommend who is going to be the project manager. Mr. Werner replied that he feels it is our money, not Mr. Ward's, and we should have an important input as to who that person is. I would prefer to see somebody other than Wilson, Miller as the engineer, just because I think we have given them the lion's share of'the work and if they come to depend upon it, we may not be getting the best price we can. Even though we cannot bid the engineering services, it will get out that we want competitive prices. Mr. Popper stated that he asked the question and is not qualified to make an opinion, but I think Mr. Ward has got to be able to say I can do this, I can do that and I can't do this, that or the 2619 PELICAN BAY ADVISORY COMMITTEE . September3, 1997 2 other thing. Somewhere along the line we need to have a matrix of who is up here and who is down here and how does this get funneled. It is very complicated and whether it is Mr. Ward or somebody else, I $sked the question who should that person be and I think it was annunciated that it would be Mr. Ward. Coming back to Mr. Wemer's thoughts, ifyou have the time and you say you do, then we have some trust in you. Mr. Ward replied that you are doing this differently than I would. I am gong to go back to this team concept. You don't build multi-million dollar projects with one individual. It doesn't happen, never did, never will. The concept of "having someone totally responsible for the whole job" doesn't work. There are too many parts to the puzzle. You need an attorney, you have to have legal help with respect to doing all of the contract documents. You have to have, in this instance, a purchasing department that knows how to go through the aspects of bidding. My forte is the business aspects of insuring that what we do financially meets within the constraints of your budset. Then generally, the project manager becomes whoever the engineer of record is that you decide that you want to utilize on this project. That is their job, that is what they do. They put together the technical specs for you, we put together the business aspects of it to gm it awarded. It then goes back into the hands of the project manager who is essentially the engineer of record for the project, for purposes of working on a day to day basis with that construction contractor to ensure that we issue the Notice To Proceed, we get the insurance requirements. He goes out there and does what he says he is going to do, he inspects it and reviews the pay estimates for conformity with the bid specifications. That is what the engineer of record really does for you, whoever that is that you hire. That is a very technical function. It is a matter of taking the documents that are prepared for you, insuring the contractor is proceeding in accordance with 2620 PELICAN BAY ADVISORY COMMITTEE September 3, 1997 16G 2 those documents and processing normal pay estimates with respect to those contract documents. The other side ofthe coin is that once those are all done, it goes through an internal review in our offices with respect to the payments and making sure that they get paid on time, etc. It is a very precise process. Mr. Tom Brown stated that we are an Advisory Committee and we have suggested that the Commissioner's levy a lot of taxes on our residents to pay for this. I think the County is non- existent and I am not so sure the County ought to be more involved from now on. Maybe it is easier to work without them. They have environmental people, do we need to go out and hire someone? Who owns the property, but the County. The County has totally abandoned us on this. We sit here and say this is what we ought to do, but the County ought to have enough interest in it to provide help. Dr. Varley stated that Mr. Tom Brown has a lot of confidence in government. Here is an organization that has totally abandoned us and now you want them to run the program after we have gotten the money for it. Mr. Tom Brown stated that he feels they ought to be involved in it and we should make them involved in it. We are sending a terrible message to the Commissioner's by saying increase our taxes and we are not trying to get them involved in it. We need to find out from Commissioner Hancock, where does the County pitch in? MR. BROWN LEFT THE MEETING AT 4:55 PM Mr. Mudge stated that we pay Mr. Ward to do his job and have for a long time. Mr. Mudge asked Mr. Ward what he would do here. You have had this problem with other areas that 2621 PELICAN BAY ADVISORY COMMITTEE · September 3, 1997 16G 2 you work in. Suppose we told you right now to go ahead and do it your way, what is your way? Do you have someone in mind that could do this work? Mr. Ward replied that answer is very easy. I have sensed for a long time that you are not particularly happy with the engineering consultant that we have on staff, that is W'tlson, ~vfiller. The question becomes, do you as a Committee want to continue with the existing team with respect to the design and construction implementation to this program. If the answer to that question is yes, then the balance of that memorandum is simple to implement. That is, you let me do my job. I get the proposals out of the individuals that you have identified you want to work with. I bring them back to you for your review and consideration and we all go out and do our job. If you don't like the team, what I am indicating to you is it is a team decision at this point as to who you want to use. The discussion of having "an individual or something that you will call a project manager to implement it", in my opinion I am not recommending it and I would not do that. I would recommend the team approach, because I think it will serve the long and short term interests much better in terms of getting this done on time and within your budget. Mr. Hasson asked who was going to monitor the team? Dr. Varley stated that he hears that we need a project manager and there are two difl'erent ways of doing it. There are some people here who think that is one person who oversees everything. What you are proposing is that we divide this up into four or five different subsections and contract that project manager out as a consultant. Isn't that the difference of the two debates here? 2622 PELICAN BAY ADVISORY COh&MITTEE September 3, 1997 16G Mr. Ward stated that whatever the team is, you then go on to the secondary discussion of how you want to divide up the work with the team. The team is the first decision and then how you want to divide up the work is part two. Mr. Ward continued that the answer to Mr. Hasson's question is that we ail do that. That is what the team approach is. I ensure that the business deal of the project works fine and that it comes in on time and within budget. The engineering professional's job is to ensure that he writes a set of technical specifications that will be bid within budget and then the County Purchasing Department and Legal Department ensure that the bidding process is statutorily correct so that it gets awarded correctly. We then go back into the construction phase and from that point forward there is a project manager and I think it is a company, that comes in and does the day to day inspection for the excavation work that is required. You can make the Seagate culverts a separate issue. We then work altogether and it works as a matter of course. Mr. Popper asked Mr. Ward who the environmentalist is in the matrix that has been drawn up? Mr. Ward replied that is a decision you can make. Wilson, Miller is qualified. I have confidence in Hole, Montes & Associates and beyond those two companies, I would stay out of that. As long as there is an individual within the engineering firm or consultant working for them that has the reputation with the regulatory agencies, that they know what is going on. For example at Wilson, Miller that is Dorothea Zysko. She is a former regulator so she has the relationship. They have the relationship within Hole, Montes also. You have to go beyond who the company is, and look in the company. You need to identify the professionals that are going to work on the job for you. 2623 PELICAN BAY ADVISORY COMMITTEE · September 3, 1997 16G 2 Mr. Popper stated that the question we need to get into is why make a change mid-stream from Wilson Miller to someone else? are we really that unhappy with them. Maybe some of you are unhappy with Wilson, Miller, but If we can agree on the engineering we are pretty much in agreement that the process outlined is what we should go with. Mr. Craighead asked if Mr. Brown didn't say that we would be asked who the project manager is and it will have to be an environmentalist. Mr. Ward replied that we will not be asked to do that as part ofthe permit, but as pan of the process we need to tell the agencies who we are going to use. They are going to want a contact. Mr. Hasson asked that suppose a team member screws up, who do they answer to? Mr. Ward replied that they answer to you. Dr. Varley replied that they would answer to the project manager. From our track record, the question is how competent and how interested in Pelican Bay have the engineers been that we have contracted for? Mr. Ward replied that is the key question. Dr. Varley stated that he has some experience with projects and has a different perspective. I think that you are right and it is a big undertaking and a lot of different technical disciplines. The projects that I have seen that have been successful has been because there are one, two or three people that have that as their sole responsibility and their dedication to get it through. Hence comes the old expression, "When it is everybody's responsibility, it is nobody's responsibility". That is my concern, if you divide this up, it will be so divided up that we will never know who is in charge. 2624 PELICAN BAY ADVISORY COMMITTEE September 3, 1997 Mr. Ward replied that he feels the opposite will happen. Let's break it down into two parts, the Seagate culverts and the excavation work related to Inner and Outer Clam Bay. Those ~'e basically the two construction jobs you have going on out there. The Seagate ~ulverts ~re a civil engineering no-brainer, with a relatively short construction time frame and not a lot of money in terms of the total construction dollar~. It is easy to construct and not a lot of environmental problems associated with it. The balance of the work itself, although expensive, is re~lly only going to take a coordinated effort by whoever the design professional is that did the design, to be out there on a daily basis to ensure that the contractor is in fact doing his job. In my mind it is really as simple that. What I was suggesting is that we set the level of tel'vice for that pm'titular infii~idual such that he, she ,,,,,ill be out there on a daily basis doing that kind of inspection job, giving those kinds of comfort levels and insuring that it is being done correctly, on time, etc. I think you can get to the answer to your question by setting the level of service for whoever you may choose that to be, to solve that problem. Dr. Varley stated that as he sees this project, you are the ideal person, but I agree with the other side who says you do not have that much time. You are not here enough and you just can't possibly be asked to take on this burden with the workload you have. Mr. Ward replied that he does not question that, but what I am trying to get to is whether you have someone sitting in this seat full time or not, that is not the role that the individual should play. My role is not to be out there on a day to day basis looking at construction activities on the project. If you set the parameters up at the construction job correctly to start with, then once they get in the field doing it, the person out there on a day to day basis is the individual that makes sure the project happens on time. 2625 PELICAN BAY ADVISORY COMMITTEE September 3, 1997 16G 2 Dr. Varley stated that there will be four of those in your program. Mr. Ward replied that you have to have control of all aspects of it. You have to have Mr. Lewis, Dr. Snedeker and Dr. Hillestad out there doing some aspec~ of it. Mr. Mudge asked if we told you to go ahead now with Wilson, Miller and the team, then you are set aren't you? Mr. Ward replied that my next step would be to go negotiate proposals with those people to do the design and construction work and bring those proposals back to you for consideration and it'you don't like the dollars we can go back and deal with somebody else. Mr. Mudge asked if that is the way you prefer to have it? Mr. Ward replied yes, that is my recommendation to you. What I am getting to in terms of Dr. Varley's problem of having someone at my level to push the button to make that happen, ali I am indicating is that I think you can get there but not neee~au'ily at my level. Put your dollars where it counts and that is in the field activities on a day to day basis to ensure the construction is done correctly. That is my big concern. What I see the big financial risk being is, if someone gets out there and does something that is not consistent with that permit, excavates something bigger than should have been done and disturbs some other mangroves or sea grass, that is a bigger problem. Mr. Mudge asked if the engineering firms controlled that? Mr. Ward replied yes, if' we have daily inspection which is the level of service that I tlfink we need to get to. Mr. Gfiffith asked when this would kick in that these fellows would actually need to start? 2626 PELICAN BAY ADVISORY COMMITTEE . September 3, 1997 16G 2 Mr. Ward replied that we need to get working on getting the design proposals out of the companies and back to you. If you are okay with those numbers we get into the design. You have three or four months, but we need to get to the point of design work and bidding. Mrs. Obley stated that there are two excellent companies in town. Hole, Montes started Pelican Bay. The Pelican Bay Improvement District changed to Wilson, Miller, but both are capable of doing the job. There are some givens here we have to accept such as Mr. Robin, Lewis, Mr David Tackney, etc. The only question we have to quarterback the entire project and do the work is to pick an engineering firm. That is what we should do. One company has to be responsible. Mr. Werner stated that he does not know why we are so enamored with the team in place now. They have gone from $90,000 for consulting work, to $285,000. Mrs. Obley stated that we paid for their background. Mr. Werner disagreed saying they gave us a firm quote to get us a permit, which was $90,000. That figure is now $285,000. Mr. Ward was supposed to give us decision points and he didn't, until last month when we were told you can either let it fall flat on it's face or you have $300,000 to invest in it. There is free office space available at a local engineering firm and that troubles me. I would prefer to use a different engineering firm for this project. Mr. Popper stated that we went through a whole litany of people that had to be convinced that our project was correct and that represented $100,000 or more. Every time a presentation was made to the Conservancy or Fish and Wilr."{fe it came to about $200.00 per hour. Mr. Werner disagreed saying that alter analyzing his invoices the total is more like $35,000. 2627 PELICAN BAY ADVISORY COMMrrTEE September 3, I997 16G 2 Mr. Popper stated that there has been enough people involved that he has met with, that in all fairness this whole project has become the interest of so many outside groups that do not live here and feel that they have a right even though they are not paying for anything. We have had to convince them. The other point is that there has been a team working together for a year that we have paid maybe more than we wanted to, but they have received an education. To change that at mid-stream I think would be wrong. Why bring somebody else new that has to be brought up to speed and break the ribbon that has been created. My recommendation, based on what I have been hearing, is to stay with the team. Dr. Varley stated that he feels the question is, do we hire a consultant engineering firm to be the project manager for this, or do we hire a single individual reporting to Mr. Ward? Mr. Mudge and Mrs. Obley replied, engineering firm. Mr. Werner stated that when he hears consultant he starts shaking. If we are going to employ somebody, let's try to get a fixed price out of them. This is crazy. Mr. Griffith stated that having been involved in permitting before, permitting can really be a scope that floats all over the place because you are dealing with so many agencies and they can really play havoc on fees. Whether or not that justifies the magnitude of the change that Wilson, Miller went through and their costs, I cannot comment on that. I do feel the scope ofwork that ia coming up can be put to a fine point pen and a fixed fee placed on it. It is already permitted and the scope is essentially established by the permit and that is an upset amount you can work with. There should be no reason whatsoever that they should be over the amount they give us to put in our budget. On the other side of that also, is the construction aspect ofit. This is where I think we are all collectively going to have a problem. That is going to be the difficult part for the 2628 PELICAN BAY ADVISORY COMMITTEE $_e?ember 3, 1997 16G 2 consultant to say it will cost "X" number of dollars. What is going to happen is that so many things change in the field on them, they do not know when they are going to be called in the field or for how long and they cannot put a fixed dollar to it. We are going to have to deal with them coming in and saying I need more money for this. To me, that is what we really have to focus on That dollar could really run amuck and off, et the balance on and figure out how to control that. the budget. [l~Ir. l~tudge moved, seconded by Mr. Craighead and approved onl a vote of 8/'2 to go ahead with WHson, Miller and the teant I dissenting votes ~,re Mr. Werner and, .Dr. Varley. [ Dr. Varley stated that we now have a consultant project manager, who will be Wilson, Miller. DISCUSSION WITH REGARD TQ THE C0NSERVANCY'S PARTICIPATION IN THE WATER QUALITY ANALYSIS; FLORIDA YARDS AND NEIGHBORHOOD rROGRAM AND ALERTNATIVE,', .SQUR~,S FOR FUNDING Dr. Varley stated that at the last meeting Dr. Guggenheim made an offer to the community that the Conservancy would be willing to help us with three things. They would be willing to do the water analysis of the data that has been collected for about ten years, they would help to organize the Yards and Neighborhood Program and that they would also help us to find other alternative sources of funding for this Restoration Program. Dr. Guggenheim had a handout with the number of references of State and Federal Grants and private grants that were available. He offered the services of the Conservancy to se, e if we could find some other funds to finance this Restoration Program. I have just been inforrt:,:d this morning that the County has undertaken this analysis, which is a surprise to me and also a surprise to Mr. Ward. We did not know this. 2629 PELICAN BAY ADVISORY COMMITTEE , September 3, 1997 2 Dr. Varley asked Mr. Ted Brown for his comments. As I have thought about it over the last month, it seems to me that this might be a little premature. We would like to know what the Conservancy would require of'us. Mr. Ted Brown asreed. We have in the Plan presently, a series of studies and analysis which are designed to analyze the freshwater component of the overall system. As I stand here today, it is my personal conviction that both the Federal and State government is prepared to accept our proposal as it is outlined in the PIan, provided they have a comfort level that whenever we get into that process wherever it leads we will adopt a reasonable number of those initiatives and go forward. With respect to the particular one in question, we have looked at that with your consultant team and there are many good and positive things in that particular program that will probably re-emerge in the context of what will probably be recommended for Pelican Bay. At least amongst those in your consultant team that have looked at it, their sense is that there are a number of areas that require further analysis and a number of areas where improvements can be made that will make that initiative better tailored for the community and interest that exists here. One of the things in the Plan presently is to analyze exactly that component and go a step further with it to refine it so that you have a component that works and can be accomplished here. The agencies in my view are prepared to accept that as a reasonable way of proceeding forward, so that you end up with something that you have a hand in creating and it works. Dr. Varley asked that if what he was saying is if we were to implement the Yard and Neighborhood Program as it is now written, it might be different than what we would end up with? 2630 PELICAN BAY ADVISORY COMMITTEE , September 3, 1997 16G 2 Mr. Ted Brown replied that he feels it will be different and would also say to you, that if you implemented it there would not be any negative affect. The sense of Dr. Snedeker and Dr. Hillestad is that it could be improved upon. I would 8o a step fiarther and say that one of the reasons I have found and one of the ways that we have success~lly sold this to the government in terms of delaying its immediate impact, is that from a practical point of view you have limited capacity to force anyone to do it. Therefore, drawing on one of my favorite sayings, '~Ifyou want people in on the landing, they need to be in on the takeoff." This is going to involve some degree of community involvement and community selling of the idea that each of them are going to have to make their level of sacrifice and commitment to this undertaking. I think that is easier done if it is done over a period of time with community involvement and participation by those that are going to be asked to live with it. That idea in my view has been sold and has been accepted and will emerge in that form. We are going to end up there in some way, shape or form. We may end up there in exactly the form as it rests before you even before it is looked at. That is a possibility, but I think all interests would be better served if that conclusion was reached by you folks after studying the input and fi~rther dialog and input by other residents of the community and then there is a real chance for success. Otherwise, I have some fear that there will not be the measure of compliance with it that would make a difference and it is important that we make a difference. Mr. Werner stated that he thinks what Mr. Brown is saying is that we do not want to be going in two directions at the same time. If we try to do this Yard and Neighborhoods Program, you might get people accustomed to doing that and we agree to do something else for the permit, then you have to re-convince the community. 2631 PELICAN BAY ADVISORY COMMI~E September 3, 1997 16G 2 Mr. Ted Brown stated that he wants it clear so that there is no misunderstanding, he is not opposed to this program. I think it is a very good program. I am simply a victim as we all are, of having to rely upon the folks that I rely upon that have gone through this. There has been a lot of work done in the community to get it where it is. The draR that I have been dealing with is the draR that did reflect some level of community involvement. That is what gave rise to taking the entire freshwater component and saying that there are just a lot of "X's" in the equation, and rather than ask you to do something that won't have the downstream impact we wanted it to have. The agencies have accepted the notion that makes no sense and we ought to go through that deliberately. Ms. Kathy Whorley, The Collier County Conservancy stated that she wanted to clear up a few things about this program. The program is totally voluntary and you cannot force any homeowner to do this. What it is, is a series of presentations and educational seminars that make people aware of how they are watering their lawns, what fertilizers they are using and usually for every area it is different. Your area would have to be assessed and is what is being spoken to in your plan. There are some things that are universal such as watering. You can tell people only eater at night and I have seen people watering around here during the day. There are things that can be implemented that are not a program per se, but something to make people aware of what they are doing. Mr. Werner stated that if Ms. Whofley wanted to come here and talk to the different associations, what do we have to say about that, ifyou wanted to try to convince them that this is voluntary and good for the community. 2632 PELICAN BAY ADVISORY COMMITTEE ,September 3, 1997 2 Ms. Whorley stated that these are just general things and are just common sense and people need to be reminded of them. Dr. Varley asked why the Conservancy could not do that anyhow even though it was not a part of the overall community effort to restore the mangroves? I would think that we would certainly like to take advantage ofyour offer when the time comes. Ms. Whorley stated this is completely voluntary and you will never have ev~y do it, but if it is presented right, people will. We would be happy to talk to your associations. IfI could get a list of who is the head ofthose associations then I could contact them directly. Dr. Varley stated that they do have a meeting of the Presidents, but not during the Summer and when it gets started I will ask that you be invited to see what you can do. Mrs. Obley stated that she sees no harm whatsoever in getting started. A little education will not hurt anybody. The sooner we can get started the better it will be even though we might have to change some of our plans later on. Mr. Ted Brown stated that he concurred. Dr. Varley stated that the second part of the offer was to help find alternative sources of funding. I don't know how anyone can quarrel with that. My feeling is that ifyou can find other sources of funding, then more power to you. Mr. Werner stated that his concern relayed to Dr. Guggenheim was that you may be able to find other sources of funding and we will be glad to take them, but we do not want to jeopardize the implementation of the Plan on some funding that may occur but doesn't come through. That would be my concern. Mr. Gfiffith asked ifthe funding would be to implement the program? 2633 PELICAN BAY ADVISORY COMMITTEE · September 3, 1997 16G 2 Dr. Varley stated that it was his understanding that this would be helping to pay some of the costs of this restoration program that we and WCI are presently funding. Mr. Hoyt asked if this was instead or, or in addition to? Dr. Varley replied that he does not think they would take the entire thing over, but part of it. Mr. Wemer stated that he thought they were going to find additional funding so that we did not have to create spoil islands. Ms. Whorley stated that was in the back of their minds, but this money could be used for any part of the restoration and to my thinking them is no harm in trying to get a gr~mt for something. If it comes through great, that will help your budget, but you e~amot depend on it. You have what you have planned already and you have already planned how you ara going to spend that money. Ifyou get money to help you out, I don't see how that can be a detriment. Dr. Varley asked if there was anyone opposed to that? Mr. Hermanson stated that he was not opposed, but would like to hear specifically what funding sources you think have a potential and how long doe~ it take to put through an application. Ms. Whorley replied that grant processes are like permitting proe.~ss~. They take a while because you have initial contact and then you have to say what you are doing and then they either talk to you or they don't. Mr. Hermanson asked what sources? Ms. Whorley replied that she had given a huge list to Dr. Vartey which cover~ private foundations, government foundations, state, etc. 2634 PELICAN BAY ADVISORY COMMITTEE September 3, 1997 Mr. Hermanson stated that there may be a "Catch 22". If you wait for the source, you are taking a risk on your schedule and if you go ahead on the project you lose the potential of getting the funds. If you have accomplished the work and paid for it, what is the incentive for the funding source to give you the grant. Ms. Whorley replied that to her knowledge this would be an on-going project. You are always going to have maintenance, etc. Mr. Hermanson said that the bulk of this is going to be one year or less. Can you get through the process in a few months or is it a year? Ms. Whorley replied that they usually mn six to eight months. Some private foundations are a lot faster. Dr. Varley asked if it would be possible to express our appreciation for it and go through your data base and find a half dozen or so that you feel are good sources and then we have a look at those as a first step.'? Ms. Whorley replied in the affirmative. It has to be understood that we would be willing to help you write it, but it would have to come from you since you are the ones doing the work. It is not a Conservancy grant. Mr. Griffith asked if this was something the administrative staff would have to do in association with the Conservancy? Mr. Ward replied that grants are generally by the agency who is getting the grant. We would have to do the signatory on the grant application and would have to go the Board of County Commissioners on a Consent Agenda Item Mr. Griffith asked if an outside consultant was needed? 2635 PELICAN BAY ADVISORY CO,'v~flTTEE September 3, 1997 166 2 Mr. Ward replied that it depended upon .the grant and what *,he requirements are for the grant. Most grants that that I have seen are generally done by an outside consultant who is not responsible for doing the main application but the necessary work with whoever the grant is coming from in order to secure it. It is a lot more than just submitting a grant application and getting in the mix, it does take a lot of work to get those kinds of applicatiens approved. I think you need to closely evaluate whatever grant application you decide you want to apply for and what may come out as a result of receiving that grant in terms of requirements. I see them happen all over, it is important to look at all of the details when it comes to doing those things to be sure you are getting what you actually want at the end ofthe day. Mr. Griffith said that we would then need more than the name of the source, but some background information to determine which to throw out and which to keep. Mr. Ward replied yes, and if the Conservancy wants to provide that information and knowledge to yott in terms of their research, that is great. Ms. Whorley explained that the list provided tells you who to contact, what dates, what they' are, what they sponsor, what they have sponsored in the past, etc. Dr. Varley asked if Ms. Whorley would come back with a list of about six of the most appropriate places for us to apply, which would be the most compatible with what we are doing and the most likely to succeed. We can then have a look and see how much work is involved, our chances for success and then maybe begin to move on them a little? Ms. Whorley replied in the affirmative. Mr. Ted Brown explained that he applauds the initiative of going forward with that and make one other observations. Whether or not you can actually get into play in time to get any 2636 · o . September 3, 199'7 relief in what I will call the "Big Hit" of doing the implementation of this plan should not deter you from going forward and continuing to inventory and assess the probability of getting grants in the future. Even if you look downstream and see the potential for some of the freshwater work that you are going to be doing two and three years out, there may be some opportunities there through the grant mechanism to augment what you are doing as part of this overall scheme. I think it is a data set that you would be well advised to pursue. I think the Conservancy's offer to assist you in that regard is a genuine one and they clearly have the expertise in this arena to pull together the data that you need to evaluate the feasibility of pursuing one or more of these for any part of this undertaking. As it relates to the present undertaking, the only real concern I have is the one voiced by Mr. Ward, and that is before you apply be sure what you get when you get done. What strings are attached to it, what kind of reporting requirements are and then understand that while I think the Conservancy can carry a fair amount of the load in terms of assisting you to fill in the forms and applications, I think the)' can only carry that load so far and then you have to provide some other data that will need to come from your consultant team. That is what it is. Dr. Varley expressed his appreciation to the Conservancy, saying that it was very good of them offer to do this. You can begin to get together a list of some good sources of outside funding. DISCUSSION OF COMMITTEE INVOLVEMENT WITH PBSD PROJECTS Dr. Varley stated that it has gotten kind of late and it was his discussion and asked if he would mind postponing that discussion until next meeting? Mr. Werner agreed. 2637 PELICAN BAY ADVISORY COMMITTEE ... September 3, 1997 16G 2 COMMITTEE REQUE.S. TS EXOTIC REMOVAL - THE H~ERQN Dr. Varley asked the status of the Heron project? Mr. Craighead asked how many people had been down the berm and saw the area behind the Heron. My colleagues that live in the Heron are really up tight. 'IbcT feel this exotic removal has created a monstrosity. Mr. Ward has visited the site and is working on something. I think we have a problem here. We have spent two years talking about nothing but the mangroves, but they have created a much worse problem there than the mangroves are. Mr. Ward reported that the exotic removal on the east side of the berm has come along extraordinarily well. The area directly behind the Heron on the east side of the berm had lots of exotics in it and when removed has been devastated, There are no materials left whatsoever. It is going to take a long time to get back in shape. After looking at it I don't think there is a lot of materials that will even come back in that area. What I indicated to some of the residents is that we would get a couple of companies that specialize in that kind of restoration work and give us some idea of plant material replacements that we put in that area, along with sizes, quantities and time schedules on how that could be implemented and how long it would take the residents to be happy with the restoration efforts that were undertaken. We have some preliminary cost estimates on that job fight now and 1 am not finished looking at that to determine whether or not it is within our budget or whether or not it will meet what the Heron residents want when it is done. I told Mr. Craighead that I would be in position in another week or so to get back with the Heron residents to go over that. We will then come back to the Advisory Committee with a firm recommendation. 2638 PELICAN BAY ADVISORY COMMI'I"TEE September 3, 1997 16G 2 Dr. Varley asked if this was going to happen anywhere else7 Mr. Ward replied that he was out there when it was being taken out and was a phenomenal job by the people that went in there and did it. I was impressed with the quality of work. It was pretty much all Brazilian Pepper in that particular location. Everywhere else, once the materials were taken out the stumps will be treated, there is enough materials will come back really nice without the invasives. Mrs. Obley stated that her complaint was that they were not thorough. There were still some Brazilian Peppers left and they will probably take over again, but the fact that they were there and did not pick up their own trash was unforgivable There were coke cans, bottles, etc. lea laying around. Mr. Ward stated that was not in the contract to be done and we will get back in there and do that. They uncovered construction debris that you could tell had been there from the days when the Heron was actually constructed. MR. HERMANSON LEFT THE MEETING AT 5:20 PM Mrs. Obley stated that there was new debris there also. EXOTIC PROGRAM ON THE BEACH Dr. Varley asked the status of the exotic removal program on the beach. Mr. Ward reported that area had been roped off and the memorandum sent to you. We are in the middle of some other issues right now and I will get with Mr. Lukacz and come up with a time schedule to start that process shortly. Mr. Popper asked about the Foundation's request for assistance in that vain.'? 2639 PELICAN BAY ADVISORY COMMITTEE September 3, 1997 Mr. Ward replied that he was not aware that the Foundation had a request in to him for Australian Pine removal, but I will talk to Brad Estes about it. Mr. Popper asked Mr. Ward if' he would because there have been demands made on the Foundation to remove the Australian Pines. I believe he had written to you or was in the process of doing so. Dr. Varley stated that these were on Foundation property and not on County property. Mr. Ward replied that he does not remember, Mr. Estes sent him a plan a while back and it did not look particularly large. Mr. Craighead asked what the County was going to do with the pines that they killed on the south side of Clam Pass? Mr. Ward replied that he has been told that they will be cut down and removed, but I do not know when. The sxamps will then be treated. I understand the Parks department actually went in and did that. Mr. Craighead stated that he hopes they do not do as was done in the past and dump them all behind the dunes. They are still back there and that has to have been ten years ago. U.S. 41 MEDIANS Mr. Griffith reported that he looked at the plans for the expansion of U.S. 41 and they do not contain conduit. On their current six laning project they have not proposed the sleeves for the irrigation to the median in any part of the project. I would suggest that Mr. Ward write a letter to DOT requesting that sleeves be put under there for irrigation. It is not a big deal on their part and does not interfere with drainage, utilities or anything. A letter request would be an official way to 2640 PELICAN BAY ADVISORY COMMITTEE September 3, 1997 16G 2 get on record to get that work completed. Mr. Griffith stated that it definitely has not been put in from Gulf Park south and is not shown in the plans for GulfPark north. Dr. Varley stated that we appealed for that to begin with and they must have ignored us. Mr. Gfiffith reported that he thinks it was just forgotten. Dr. Varley asked Mr. Ward if he would contact DO1. Ma'. Ward agreed. Mr. Popper stated that ifwe ever expect to have the medians looking decent we are going to need irrigation. AIIDIENCE PA RTICIPATION BIKEPATItS Mr. Hank Krehling of the San Marino Condominium Association, stated that he believes the Pelican Bay Services Division is in charge of sidewalks. Mr. Ward replied that it is the responsibility of the County Transportation Department. Mr. Krehling s~.ated that the area between St. Pierre and the Ciaridge is very bad. Yhe contractors are chewing it up and people have to walk out in the street and it is very dangerous. Mr. Ward stated that the plans call for the developer to replace the paths after construction completion. Mr. Krehling stated that will be two years and in the meantime there will be no paths along that area. If that is the case, it needs to be blocked off. Someone is going to break their leg. Mr. Ward stated that most residents said that they did not want it blocked, but he will take a look at it. Both Gulf Bay and WCI have been extraordinarily helpful in doing whatever the residents wanted. 2641 PELICAN BAY ADVISORY COMMITTEE September 3, 1997 168 2 Dr. Varley stated that this was discussed before and remember quite clearly that this was the responsibility of the contractor and would be maintained by the contractor during the construction period. Mr. Ward asked if the entire sidewalk was chewed up? Mr. Krehling replied that most of it. Mr. Ward replied that we can probably get that solved. Where they are coming in and out ofthe construction areas there is no sidewalk. Mr. Krehting asked if it could be graded or something to avoid the potholes that are there? Mr. Ward stated that he would check into that. Dr. Varley stated that the path that goes out to the tram station and the St. Raphael people were going to build a nice road out there and Mr. Young asked about an ambulance being able to get down there. In the meantime until they get it built, what is going to happen with it? Mr. Ward stated that they put in a temporary sidewalk to tie into the existing one. It has always been like that. MR ItOYT LEFT THE MEETING AT 5:35 PM Mr. Ward continued that it was never intended to be a walkway or bikepath for residents. It was solely an access point for PBSD to get back into that area for maintenance of the berm. It was an unpaved area for many years and has never been brought to the elevations for use as a sidewalk or an access point back to the berm. That was never the intent of that area. What we did when the development occurred was negotiate with the developer to raise the elevation and then re-pave it a~:d landscape it so that residents could use it. The time schedule to do that was essentially at completion of those projects We did not want to encourage people to go out to the 2642 PELICAN BAY ADVISORY COMMITTEE September 3, 1997 166 berm with the construction activity taking place along that road. We did have them put in a temporary tie in from Pelican Bay Boulevard back to the existing road. Please understand it was never intended to be a resident walkway or bikeway. MR. POPPER LEFT THE MEETING AT 5:37 PM Mr. Krehling stated that they were told that right-of-way was into perpetuity for residents to get out to the tram station. Mr. Ward replied that whoever told you that was not true, because that is not correct. The underlying fee title to the property goes to whatever the condominium is and then PBSD has an easement over it for purposes of access to the berm for water management purposes. To my knowledge there are no access easements granted in that area. The bottom line answer is that PBSD is not going to close it off and it is going to get improved when the construction is completed. OAKMONT LAKE Mr. Robert Michaelson, Oakmont Resident spoke stating that he was reading in the Operations Report about thc lights around Oakmont Lake and was wondering if the railroad ties that run along the path that are rotting and falling out and asked if they could be replaced. Mr. Michaeison also asked if' the bikepath along the lake on the east side could be rcsurfaced or replaced? Mr. Ward explained that we do not have a supply of' railroad ties any longer and they are very hard to come by We are presently looking for replacement materials to be used for these replacements. The resurthcing is in the budget for next year If we do not get to it before Thanksgiving, it will be after season. 2643 16G 2 PELICAN BAY ADVISORY COMMITTEE September 3, 1997 There being no further business, the meeting, tjoumed at 5:55 PM Dr. Alan Varley, Chairman 2644 16S 2 MEMORANDUM TO: Pelican Bay Advisory Committee FROM: James P. Ward DATE: September 26, 1997 SUBJECT: Clam Bay Restoration Project With the somewhat more likely success of the Pelican Bay Services Division receiving the neces~ary permits for the restoration of the Clam Bay system, I have enclosed for your i~fformation the organizational chart which the Division will be operating under for the next phase of this project which would include the design aspects and implememation aspects of this project. As noted in this chart, the Division will be assigning Kyle Lukasz in the role of Project Manager on a daily basis to coordinate all of the various activities necessary by the consultants and contractors to bring the restoration project to a successfisl conclusion. As the report indicates the largest portion of the work which is Clam Pass cuts 1,2,3 and 4 and the Interior Tidal cuts marked PH-I will be required to be completed before Turtle Nesting Season begins on May I, 1998 and which will be the largest dollar expenditure of the program. The Seagate culvert work can be done outside of the constraints of Turtle Nesting Season, since there will be no impact to the Sea Turtle nests for this portion of the project. The final component relative to the stormwater/freshwater analysis is more long term oriented and can be accomplishe0 at later dates. I have noted Wilson, Miller as the Consultant for this project. The additional work required is the design aspects of these studies, which can then be refined at a later date. In addition, enclosed are the duties and responsibilities that Kyle Lukasz will have during the restoration project, along with the coordination efforts that will be required of the consultants during this process. 16G 2 Clam Bay Restoration Project Proiect Manaeer Prcuardtion and Coordinali0n 0fBudgcl I. Prr-'pm"~ dc{ailed budgets based on fl~e appros~ proposals submitted from the various consultants and conLractor$. 2. Review all billing to a.~urc consistency with budget. 3. lh~:paru d~e estfimatcd costs to operau: the Clam Bay Restoration and Management Plan upon completion of the construction phase. Rcvic~ Consultant Prmx~a~3 Req,__-~_ dc,ailed proposals from thc consultants for the four major pha.gs of the tl~sloration project These propo.~s will include the engimx'ring work for the implementation slage of this project It will include the consultant's cost for various r, egm~ats of work including, p~tparation of the consuucfion bid specifications, imspcction of construction m~d tl~ir certification of the completod work. Proposals shall be presented in detailed form, itc'm/zing tlg costa of ~x)rk n~ry for the different segments of each phase. R~vicw Con~ ruct ion__~gg:ificalion~ I. Review Ibc construction specifications for consistency with the approved Clam Bay R~oration and Management Plan. 2. Evaluate bid proposal struclure to be consistenl v, ith Collier Coumy policies and in the best intert~l of Division. Coordinate Count' Bidding Process i. Incorporate Business Terms and Conditions and Construction Bid Specifications. 3. Cz)ordinate time schedule of bidding process to include: posting pre-bid conference, bid opening. 3. Rcv'i~v of proposals and bid asvard rccomsncudation tu ibc P.B.S.D. Advisory Board 4. Bid award by Board of Col{itt County Couunissioners. Schedule Work Activili_e-$ la coordination with thc consultants, prtpa.ru and a.ssu~ consistency with construction schedule. Ro'iew thc Construction and Con~ultant Activities 1. Assure that all construction activities are performed in compliance with the bid specifications and permit. 2. Coordinate any field issues that arise, insure that they are rusolved in compliance with appli~ble permits, specifications and in :he best intcrust oftbe Division. 3. Insure that thc c~nsultm~ts are pcffom~ing rrxtuirud insix~ons. 4. Insure that the contra~o~$ are performing work activities in accord with cons~ruclion contracts. Consultants 1. Preparu consultant services proposal lo include; all the various consultant set'docs necessary rot completion of thc phase of co~nk-'fion applicablc. Costs shall be itemized including but n;t limilcd to s'urvcying, colmtruction coordinagon: drawing prq~aralion, mor, itoring. 2. Prepare construction bid specificatioms. 3. Assi~ in flu: bidding p~:ess including: pre-b/d m~Jngs ~ e~-aluation of proposals. 4. Provide daily- on si~c i~spcction ofoun.~oa ~:t/vities by quali,qed personnel. 5. Provide the necessary certification ofc~z'~'ucfion mctb,-ities. MEMORANDUM Ill TO: Pelican Bay Advisory Committee FROM: James P. Ward DATE: September 25, 1997 SUB$ECTI': The Heron at Pelican Bay Exotic Removal and Replanting Program As we discussed at the September 3, 1997 Meeting of the Advisory Committee, as a part ofthe Exotic Removal Program within the Division's Water Management Systems I and II, the area directly west of the Heron Condominium was especially hard hit with the volume of exotic materials located in this area and which were removed during this proc. ess. In an effort to replant this area with native vegetation, the following proposal intends to replant approximately 25,000 square feet of this area with native vegetation. For your information, the area in question is approximately 36,000 square feet in size with 5,000 square feet of existing vegetation which will not be removed during this process. After an initial cleaning of the area, which will include the removal of some additional underbrush and undesirable trees, a herbicide will be applied to the area to help control the re-growth of non- native exotic materials. The proposed area to be repla-,ted has been divided into the following three zones: Zone I (wet) Zone 2 (Intermediate) Zone 3 (dry) This area is located just east of the swale along the berm, approximately 15-25 feet wide. This area lies generally east of Zone I and meanders through the area, between Zone I and 3 This Zone runs along the east edge of the area in question and essentially is directly west of the Heron Condominium. I5 to 25 feet wide. The following is a list of the proposed replanting program for each of the areas in question: Pelic~ Bay Advisory Committee September 25, 2997 Page 2 PLANT PLANT TOTAL NAM£ OVANTrry cost Bare root Arrowhead/Canna Lily Aquatic Plant 1500 2'o.c. $1,425 3-4' Buttonbush Shrub 10 10'o.c. 250 5-6' Bald Cypress Tree 6 300 ZONE 2 4" Juncu$ (Soft Rush) Aquatic Plant 2500 2'o.c. 3,125 4" Saw Grass Aquatic Plant 2500 2'o.c. 3,125 3 gal. Leather Fern Aquatic Plant 50 5'o.c. 500 34' Wax Myrtle Shrub I0 10' 250 5' Red Maple Tree 4 200 5' Dahoon Holly Tree 4 200 ZONE 3 4" Cord Grass Aquatic Plant 1500 2'o.c. !,875 3-4' Wax Myrtle Shrub 10 10'o.c. 250 5' Sweet Gum Tree 6 300 Additional Labor Costs for Clean-up and Planting o.c. - On center 1,000 Total $12,800 The proposed replanting program will achieve success levels in approximately 4-.6 months. In addition the success of this area will be monitored during this time as I am sure that some materials will need to be replaced during the re-growth period. PELICAN BAY SERVICES Drv~ION CLAM BAY RESTORATION FUND August 31, 1~7 16G 2 EXPENDITURES F, nvWonrnental Consult. Akerman, SerrterCrtl, et. al. Lewis Environmental Sen. Tackney & Associates Wilson, Miller, et. al. Dr. Samuel Snedeker Others Sub-Total Improvements General Other Machinery & Equip. Sub-Total Other Fees &Chm, ges Tax Co~teclor Property Appraiser Revenue Resewe Sub-Total F.Y. 1~7 Exp. PI~D WCI Balance Bud~ To Dat~ Portion PorUon 100,000 72,500 46,000 90,000 5,000 81,500 395,000 $ 85,502 $ 42,751 $ 42,751 $ 14,498 66,960 $ 33,480 46,000 $ 23.0OO 42,206 $ 23,561 4.864 $ 2,432 11~298 S 5,919 33,480 $ 5,540 23,000 $ 18,845 $ 47.794 2,432 $ 136 5,379 $ 70,202 $256,830 $131,143 $ 125,687 $138,170 55,000 $ 15,459 $ 15,459 $ $ 39,541 $ 2,827 $ 1~413 $ 1,414 $ (2T827) 55,000 $ 18,286 $ 16,872 $ 1,414 $ 36,714 $ 18.000 $ 10,214 $ 10,214 N/A $ 5,786 $ 10,700 $ $ - N/A $ 10,700 $ 12,600 $ $ - N/A $ 12T600 $ 39..300 $ 10,214 $ 10,214 $ - $ 29,086 TOTAL APPROPRIATION5 I s 489,300 $285,330 $156.229 $ 127.101 $203,970I ACCOUNTS PAYABLE - AUGUST & SEPTEMBER DATE INV. NO. AMOUNT Akerman, Senterfitt & Eidson Akerman, Senterrrtt & Eids4~ Akerrr~an, Se~erf~ & Eidson AkenTmn, Senterf'rll & Eidson Akerman, Senler/'dl & Eidson Hifbum O. Hillesta~ Lewis Er~vironme~tal Lewis Environmerrtai Or. Snedeker Dr. Snedeker Dr. Snedeker Suboceanic ~l~arns 'TacNney & -As.~3~at e~ Tackm~ & Asso~es Tackney & Associates YYMB&P WMB&P TOTAL INVOICES 04116/97 05/07/97 06/24/97 07/15/97 0~/11/97 04/1~97 07/02/97 0~/03/97 O4/30/97 06/30~97 08/30/97 O9/95/97 07/08/97 08/07/97 08/'~7 09/10~7 09/11/97 1748749 $ 15,902.27 1847943 $ 13,572.36 1880583 $ 8,679.83 1914393 $ 8,315.02 1949571 $ 7,511.39 O4-18-97 $ 10,549.40 97117 $ 2,032.03 97145 $ 4,500.00 O4-3O-97 $ 412.50 O6-3O-97 $ 281.25 08-30-97 $ 1,442.84 96.15-1 $ 732.94 0555 $ 978.87 0558 $ 6,28~.25 0561 $ 1,898.04 6082 $ 4,906.25 6107 $ 6,306.00 $ 94,307.24 . Department of Environmental Protection Twin Towers Office Building 2600 Blair Stone Road Virginim B. Wetherell Lawton Chiles Tallahassee, Florida 32399-2400 Secretary Governor September 17, 1997 Collier Count5'- Pelican Bay Services Division Ted R. Brown, Esquire Akerrnan, Senterfitt, & Edison, P.A. 255 South Orange Avenue Orlando, Florida 32801 NOTICE OF INCOlVIPLETENESS (NOI-2] File Nos. 113049919 and 0128463-001-JC, Collier County Clam Bay Restoration Dear Mr. Brown: Thank you for your response to our Notice of Incompleteness-1 dated August 7, 1997. The Department received your response on September 11, 1997, as part of the application for a Joint Coastal Pemfit, pursuant to Chapter 161 and Part IV of Chapter 373, Florida Statutes, and an authorization to use state-owned submerged lands, pursuant to Chapters 253 and 258, Florida Statutes, to conduct activities to restore the Clam Bay system. The Department is in the process of converting to a new computerized tracking system and your project has a new file number associated with it (0128463-001-JC); please make a note of it. Reference will be made to the new number and the old file number to prevent any confusion that may arise from this technological conversiov. Your response did complete some of the items in the NOI and the Department acknowledges that the remaining requested info~-mation is still in the process of being gathered, as mentioned in your response. In order to deem your application complete, we need the items listed below in this NOI by Novexnber 17, 1997. If necessary, you may request an extension up to 90 additional days. If neither the information nor a request for an extension is received by November 17, 1997, your application may be denied .Mthout prejudice. If you revise your project after submitting the initial joint application, please contact us as soon as possible. The information requested below is numbered to correspond with the application and previous correspondence: 14. Thank you for the copies of the letters you sent to obtain the necessary authorization to proceed with the proposed activities involving the Seagate culverts. Please keep the "Protect, Conserve and Manage Florida's Environment and Natural Resources" Pnnt~ on r~"l~k"d 2. NOI-2 File Nos. 113049919 & 0128463-001-JC Page 2 Department informed of the status of obtaining the needed authorizations from the City of Naples and the Naples Cay Master Association. 17. We acknowledge that this information will be provided at a future date. 24c. & 25. Your response to the issue of the stormwater treatment system along "The Strand" makes sense. Hopefully, this issue will be resolved by the separate letter to Collier County government that has been sent (copy attached). 30. Your response to questions from the Bureau of Protected Species Management has been forwarded to Ms. Mary Duncan of that bureau. Hopefully, your response will adequately answer her questions regarding potential impacts of this project on protected species and their habitats. 33a. Department engineers are continuing to work with your engineers to verify the calculated benefits of proceeding with the project (per the latest correspondence sent to you, dated September 3, 1997). The final recommendation of the staff regarding these engineering issues depends on being able to verify your calculations that show benefits to the system with minimal or no adverse impacts to existing natural resources and Dr.'s Pass. 33b. Department staff recognizes the potential for significant environmental benefit associated with this proposed restoration project, however, there is a minimal mount of data that we must have in order to show that adverse impacts to existing natural resources have been minimized and proceed with a reconunendation for issuance. The information needed remains the same regarding the various methods of spoil disposal for the material unsuitable for beach nourishment. Upon the final selection of the spoil disposal method, please submit drawings (plan view and cross-sectionals) that show the locations and dimensions of the spoil disposal areas with the number of cubic yards of material to be deposited in each area indicated. Also, provide a narrative describing the dredging and disposal techniques/equipment, vessel drafts, and corridors to be used during the process. Potential adverse impacts to the existing natural resources, such as the mangroves and seagrasses, must be minimized. Please provide the plan view and cross-sectional drawings that reference depths and widths in NGVD of the channel relocated to avoid adverse irnpacts to seagrasses, as soon as they become available. On the plan view drawings, indicate the natural resources (seagrasses, oyster beds, mangroves, etc...) with square footage/acreages of impacts shown in relation to the proposed channels to be dredged. 33d. We acknowledge that this information is still being gathered and will be provided at a future date. NOI-2 File Nos. 113049919 & 0128463-001-JC Page 3 Department staff agrees with your proposal to incorporate by referenoe County Ordinance No. 96-16 which allows motorized craft ',hroughout Clam Bay so long as they operate at idle speed and with no wake. Members from the public and local residents have made it abundantly clear that they are concerned that some of their boating rights would be taken away by implementing this project. The Department has tried to calm their fears by listening to their concerns and agreeing to not req,.fire any more restrictive conditions on boating than what is currently required by the county. This is consistent with Chapter 373.414, Florida Statutes, which requires the Department to consider recreational values and navigability of wetlands associated with proposed activities. However, the Department must also consider the potential impacts of recreation and navigation on the natural resources in the area. By opening up restricted channels that act to prevent the use of motorized craft now throughout parts of the Clam Bay system, Se proposed project has the potential to enlmnce navigability and increase boating in this system. Therefore, Department staff recommends that the existing boating restrictions in effect now by the county be continued as a specific condition of the permit (if issued) with an addendum to this condition that states, "If significant adverse ~pacts to the natural resources and water quality of the Clam Bay system are confu'med by Collier County and Department environmental staff, and attributable to the use of motorized vessels within the system, additional restrictions on the use of motorized vessels shall be enforced to provide protection to the natural resources and water quality of the Clam Bay System. These additional restrictions shall include, but not be limited to, the prohibition of the use of motorized vessels in the areas of concern for a length of time necessary to ensure that damaged natural resources have recovered and/or water quality has returned to and will continue to meet state water quality standards for those parameters associated with boating and motorized vessel usage including, copper, cadmium, zinc, hydrocarbons (PAHs), oils and greases, dissolved oxygen, total nitrogen, total phosphorus, and total and fecal coliform bacteria." Thank you for your proposal to map the natural resottrces (se~s, oyster beds, mangroves, etc...) within the project activity areas and relocate the channels to be d~dged to minimize impacts to the existing natural resources. Ilene Barneth with the Department's South District Office in Ft. Myers, has voluntee~d to field verify these activities. Please coordinate with her so these activities can be completed. She may be reached via phone at (941F332-6975. 16G 2_ NOI-2 File Nos. 113049919 & 0128463-001-JC Page 4 We appreciate your cooperation. If you have any questions, feel free to contact me at (850) 921- 5214. Sincerely, i~h~ M.P.H~ Environmental Specialist Attachment (1)- Copy of letter to Collier County Government CC'. Bob Brantly, Btueau of Beaches and Coastal Systems Ilene Barnett, DEP- South District Office- Ft. Myers Chip Clough, U.S. Army Corps of Engineers Mac Hatcher, Collier County Government Collier County- Pelican Bay Services Division Arm Lazaar, DEP- South Florida Project Manager Kalani Cairns, U.S. Fish and Wildlife Service David Guggenheim, The Conservancy of SW Florida Dan Spina, Save the Bays, Association Hilbum Hillestad, Ev.vironmental Consultant- Arvida Dorothea Zysko, Wilson, Miller, Barton & Peek, Inc. Karen Moody, DEP- Bureau of Protected Species Management Mary Duncan, DFP- Bureau of Protected Species Management John Iliff, National Marine Fisheries Service Permit Information Cente~ Department of Environmental Protection Twin Towers Office. Building La,,,~.on Chile~ 2600 Blair Stone Road Virg,nia B. Wetherell Governor Tallahassee.'Florida 32399-2400 Secretary September 17, 1997 Ed Perico Building Department Collier County 2800 North Horseshoe Drive Naples, Florida 33942 Dear Mr. Perico: Re: The Clam Bay Restoration Project DEP File Nos.: 113049919 and 0128463-001-JC Department staff are currently reviewing the above listed application to conduct activities within the Clam Bay system in an effort to thwart an increasingly alann.Mg trend for increased mangrove mortality and to rejuvenate the entire mangrove estuarine system. The application is not complete at this time, as we have requested additional information from the applicant/agent. During multiple field visits to assess the potential project site, it was noted by Department staff.that there appears to be minimal to no stormwater treatment system along the western perimeter of Inner Clam Bay, an area being developed as "The Strand" and part of the Pelican Bay Development. Specifically, it appeared as though stormwater runoff from the high- rise residential units, paved areas, and street were directly discharging into the large area of dead mangroves to the east through a series of 4-6 inch drain holes in the concrete wall to the east of the street. This observation, added with the fact that there are numerous acres of dead man~oves in this area, caused the staff to become concerned, since it is 'known that untreated stormwater runoff from residential areas, paved areas (such as parking lots) and streets is contaminated with many pollutants including, pesticides, herbicides, excess nutrients (fertilizers), oils, greases, and other hydrocarbons~ etc... In addition, it was noted that a substantial mount of construction was being undertaken on ',he west side of the street; these activities can add solvents and other toxic chemicals/dusts to the list of potential contaminants found in the untreated stormwater runoff. Upon responding to questions regarding this issue, the applicant/agent for the project has indicated that there is a trench system bet~veen the street and the concrete wall that treats some of the r'anoff. Plea.se provide the details for this system and the Collier County's requirements for the usage of suci~ systems. Also, provide ar~y scientific data that the county lms that shows how these systems are effective at removing the contaminants/toxins (and to what degree) found in untreated stormw:-~ter runoff from such areas as those listed above. "Prote,:.L Conse."ve u~d /vlclno~e .: .,.':zc's £nwron:?:en~ and hJo[ur3i Resources" Collier County Letter Clam Bay Restoration Project Page 2 16G 2 Please provide a response ~thin 30 days of the date of this letter. Your assistance ii greatly appreciated and Deeded to assist the Department staff in making the best rec, ommendation regarding the project being reviewed and potential impacts to our precious natural resources. Thank you very much. Sincerely, fl~chard/A. Bray, M.P.H. Environmental Specialist ccl Stephen Lenberger, Collier County Mac Hatcher, Collier County Ted Brown, Akerman, Senterfitt, & Edison, P.A. Ilene Bamet't, DEP South District Office Chip Clough, U.S. Army Corps of En$ineers 166 2 MEMORANDUM TO: FROM: DATE: SUBJECT: Pelican Bay Advisory Committee James P. Ward September 25, 1997 Save The Bays Communication I have attached for your information an excerpt of the recent Save The Bays communication relative to the Clam Bay Restoration Program. SAVE THE BAYS ASSOCIATION, INC. P.O. BOX 1593 NAPLES, FLORIDA 34106 16G 2~ "Serving Naples and County since 1981" AUGUST 28, 1997 REPORT TO MEMBERS OF SAVE THE BAYS OUR LAST REPORT WAS DATED MARCH 19, 1997. WE ALSO SENT YOU A SEPARATE PHOTO-STORY OF THE CONSTRUCTION AND INSPECTION OF THE EXTENSION OF THE NORTH JETTY AT DOCTORS PASS. THAT PHOTO-STORY HAS RECEIVED MANY FAVORABLE COt~ENTS. WE THANK YOU! THE MARCH 19TH REPORT INTRODUCED TO YOU "TODAY'S PROBLFN" OF THE FLAP BATES (CONTROL VALVES) BEIN~ PLANNED FOR THE THREE CULVERTS AT SEA~TE DRIVE, AS PART OF THE "CLAM BAY MAN(}ROVE RESTORATION PLAN" FOR PELICAN MY. THE PROBLEM, FOR US, WAS AND IS .... "WILL THE FLAP BATES DO ANY HARM TO VENETIAN BAY AND DOCTORS PASS?" ENGINEERS DAVE TACKNEY, P.E. AND BOB CRAWFORD, P.E., TOGETHER WITH ENVIRONMENTALIST DR. FI:~N STALLINGS, GAVE YOU LETTERS IN THAT REPORT EXPLAINING THE BENEFIT OF THE FLAP C~TES TO VENETIAN BAY AND THE ASSURANCE THERE WOULD NOT BE ANY HARi~, (INCREASED SHOALING) AT DOCTORS PASS. CLAM BAY AND PASS WOULD BE HELPED. 16G 2 ALSO INCLUDED WERE LETTERS FROM PRESIDENT DAVID GUGGENHEIM OF THE CONSERVANCY OF SOUTHWEST FLORIDA AND CITY MANAGER DR. RICHARD WOODRUFF. THEY WANTED TO WAIT UNTIL THEY READ THE ENTIRE PELICAN BAY REPORT. (IT ~TER DEVELOPED THAT THE CONSERVANCY AND DOCTOR WOODRUFF WOULD PREFER NOT TO INSTALL FLAP GATES UNTIL THE PELICAN BAY PLaiN WAS ACCEPTABLE OR IF MORE DATA INDICATED THE FLAP GATES WERE PROVEN TO BE NECESSARY AND WOULD NOT CAUSE HARM.) OUR MARCH REPORT ALSO MENTIONED THE "HABITATS" BEING PLANNED TO HELP IMPROVE WATER QUALITY. WE ARE FOLLOWING THE PROGRAM. THEY ARE BEING TESTED AT AQUALANE SHORES. WE TOLD YOU ABOUT THE MARCH 18TH DEPARTMENT OF ENVIRONMENTAL PROTECTION (DEP) PUBLIC HEARING IN NAPLES CONCERNING THE FINAL APPROVAL OF THE VERY FAMOUS AND IMPORTANT "DOCTORS PASS INLET MANAGEMENT PLAN" WE ARE PLEASED THAT AT LONG LAST THE MANAGEMENT PLAN HAS BEEN APPROVED FORMALLY BY THE DEP! IT WAS SUBMITTED TO THE DEP IN 1994. THIS PLAN REQUIRES THAT AT LEAST 10,000 CUBIC YARDS/PER YEAR OF SAND BE RETURNED, FROM DOCTORS PASS, AND DIRECTED TO THE BEACH, SOUTH OF THE SOUTH JETTY. THIS WOULD BE AVERAGED ON A FOUR YEAR BASIS. (THIS IS THE REASON WE DREDGED A SAND IMPOUNDMENT BASIN JUST WEST OF DOCTORS PASS IN ORDER TO COLLECT THE SAND.) THE MARCH REPORT WAS ALSO UNUSUAL BECAUSE IT ~NCLUDED PHOTOS OF OUR BOARD AND KE-Y PERSONNEL INVOLVED IN SAVE THE BAYS. THE REPORT WE ARE SENDING YOU NOW IS ALSO OUTSTANDING! IT COVERS THE FOLLOWING: MORE ABOUT THE FLAP ~ATE PROBLEM! WE ARE GIVING YOU THE CURRENT VIEWS OF THE DEPARTMENT OF ENVIRONMENTAL PROTECTION (DEP) MR, RICHARD B~AY, DEP BIOLOGIST AND MR, ALLISON CLOUGH, CORPS OF ENGINEERS PROJECT MANAGER WHO CAME TO THE SPECIAL SAVE THE BAYS MEETING ON JULY 28TH, ALSO, SAVE THE BAYS SUBMITTED ITS COMMENTS TO THE CORPS OF ENGINEERS ON AUG. 16TH AS REQUESTED BY THE CORPS, WE 16G 2 FAMILIES TOLD US OF THEIR A STRONG INTEREST IN OUR WATERS FROt~ CLAI~t BAY TO BANYAN BLVD, WE ARE HONORED! WE NOW GIVE YOU A BRIEF EXPLANATION OF THE IT,S LISTED ABOVE, YOU WILL FIND ATTACHt4ENTS WITH ~RE DETAIL, FLAP GATE PROBLEM EXPLAINED! NATURALLY, SAVE THE BAYS IS CONCERNED ABOUT THE EFFECT OF THE FLAP GATES AND ALSO THE ELIMINATION OF BOATING RIGHTS IN THE CLAM BAY AREA. OUR ENGINEERS, DAVE TACKNEY AND BOB CRAWFORD, ADVISE US THAT THERE WILL NOT BE ANY PROBLEM AT DOCTORS PASS AND THEY WILL HELP VENETIAN BAY AND CLAM BAY/PASS AND SEAGATE CITY RESIDENTS. WE HAVE ASKED THE DEP ENGINEER, MR. ~ACK WU, TO CHECK THIS OUT. WE HAVE ALSO ASKED THE CORPS OF ENGINEERS TO DETERMINE IF THE FLAP GATES WILL HAVE A NEGATIVE EFFECT ON DOCTORS PASS. THE SAVE THE BAYS COI~MITTEE, THUS FAR, HAS OPINIONS: 11 PERSONS SUPPORT TACKNEY'S ENGINEERING POSITION. 11 PERSONS HAVE NO OB3ECTION BUT WITH CONDITION THAT THE FLAP GATES BE INSTALLED AFTER THE DREDGSNG HAS BEEN DONE AT CLAM PASS AND CLAM BAY APPROACHES TO CLAM PASS AND IT IS CERTAIN THAT THE FLAP ~TES ARE NECESSARY. 5 PERSONS ARE ABSTAINING. BUT, THE DEP (MR. BRAY & MS. ILENE BARNETT) AND CORPS (MR. CLOUGH) PREFER THE FLAP GATES BE INSTALLED FIRST, BEFORE DREDGING, SO THAT L[TTLE DISTURBA~ICE OF THE BOTTOM SEA GRASE ETC. IS CAUSED (BY NOT DREDGING, AND IF THE FLAP GATES ARE EFFECTIVE). TACKNEY~ ON THE OTHER HAND, FEELS THAT DREDGING MUST BE GONE Ob THE FLAP GATES WILL HAVE LITTLE IF ANY VALUE. I'F WOULD BE HELPFUL IF THE DEP AND CORPS OF ENGINEERS ENGINEERS CONCURRED WITH TACKNEY. 16G 2 THE DISTRICT ENGINEER OF THE CORPS REQUESTED "COlV~IENTS" BY AUGUST 21. SAVE THE BAYS RESPONDED. IT REPORTED OUR VIEWS AND REQUESTED CORPS OF ENGINEERS' ENGINEERING ,EVALUATION OF THE FLAP GATES AND THEIR EFFECT ON DOCTORS PASS. "THE CORPS SHOULD NOT ALLOW A "CHANGE" WHICH WILL CAUSE DAMAGE AT DOCTORS PASS. THEY SHOULD EVALUATE THEM CAREFULLY". AS STATED, THE FLAP GATES SHOULD HELP VENETIAN BAY AND OUR CITY SEAGATE RESIDENTS AT CLAM BAY. WE ALSO SUPPORTED THE RESTORATION OF HISTORIC BOATING RIGHTS OF THE SEAGATE RESIDENTS. SAVE THE BAYS ALSO REQUESTED DEP'S ENGINEERING EVALUATIONS~ MR. JACK WU. DO THEY AGREE WITH TACKNEY'S DATA AND CONCLUSIONS? THE DEP ENGINEER IS NOW IN PROCESS OF REVIEWING TACKNEY'S AND OTHER DATA. BRAY'S DEP VIEWS AND OUR LETTER TO THE CORPS ARE ATTACHED. DOCTOR'S WOODRUFF'S VIEWS CONDITIONALLY SUPPORTING THE FLAP G~TES ARE ALSO ATTACHED. THE CITY COUNCIL HAS NOT YET TAKEN A POSITION. IT WOULD BE HELPFUL IF ENGINEERING POSITIONS OTHER THAN TACKNEY AND CRAWFORD WERE AVAILABLE. THE BOATING RIGHTS OF SEA GATE RESIDENTS ARE BEING DEFENDED AND ARGUED EFFECTIVELY BY DOCTOR WOODRUFF AND MARTHA DYKMAN, PRESIDENT OF THE SEAGATE HOMEOWNERS ASSOCIATION. WE BELIEVE THEY HAVE BEEN HEARD BY DEP AND THE CORPS. TilE CORPS AND DEP WILL HAVE TO ISSUE PERMITS FOR THIS PELICAN BAY PLAN TO HELP RESTORE TIlE MANGROVES. THE FLAP GATES ARE ONLY ONE OF MANY PARTS OF TtIE PLAN. o "MAJOR BR~A~H.R~GU~.t W~"~Po-~'T~D TO THE CITY COUNCIL AND COUNTY COMMISSIONERS A MAJOR BREAKTHROUGH IN HOW WE MEASURE AND PLOT ON CHARTS THE WATER DEPTHS OF MOORINGS BAY SYSTEM AmD DOCTORS PASS. WE REVIEWED ALL THIS WITH OUR ENGINEERS BOB CRA~q=ORD AND HIS S'IAFF AND HAVE THEIR CONCURRENCE. DOCTOR BILL LAZEAR OF THE COMM, ODO~E CLUB DEVELOPED THE PROCEDURE. HE HAS COME A LONG ~AY. HE USES TWO DEPTHFINDERS SIMULTANEOUSLY. ONE SEEKS DEPTH OF WATER VERTICALLY. THE OTHER IS MOUNTED HORIZONTALLY IN Tile WATER AND SEEKS DISTANCE OFF A KNO~rN POINT. 11 12 ~3 6G 0 14 16G 2 15 16G Memorandum TO: FROM: DATE: RE: Hilbum Hillestad, David Tackney, Steve Means, Dorothea Zysko, Robin Lewis, Sam Snedaker, Jim Ward, Susan Watts, Al Varley, Kyle Lucas Ted R. Brown ~ September 22, 1997 Clam Bay Restoration and Management Plan, Site Visits of September 17, 18, and 19, 1997 On Wednesday, September 17, 1997 four excavation contractors responded to our invitation to participate in a pre bid meeting to discuss the excavation of Clam Pass and Cuts 1, 2, and 3. After an initial office briefing, one o.~ the contractors dropped out and the other three separated themselves so that two were interested in only Clam Pass and the other only in Cuts 1, 2 and 3. Each of these will respond to the matters noted in my letter of this date and attached, but preliminary indications suggest that (1) it Will take about three months to do the work, but likely ~o be bid for'-a'f0ur 'month °re'livery period arid (2)- our early costs estimates appear to be holding up. Refinements to the Plan suggested by these meetings and the regulators requirement that we avoid seagrasses to the fullest extent possible will require a refinement of the costs estimate, but we will have some indication of that late this week. Plan modifications are (1) a realignment of the dredge area running north to south that avoids the mass of the seagrasses and (2) utilization of a cyclone device to separate the spoil into fines and beach quality sand. The revised disposition area has been surveyed by Wilson, Miller and it is confining, but appears to be workable provided we can realize the anticipated benefits from application of the cyclone separator. Reports from the excavators suggest that by using the cyclone separator, we can increase the amount of beach disposable quality material by an amount equal to about 70 to 80% of the total excavation arnount. This essentially reverses the prior ratio of beach disposal quality material to spoil disposal quality material, thereby reducing significantly the amount area needed for on site disposal and making the new area adjacent to the beach at the front of the system potentially viable, confirmation of this outcome is, of course, significant to our continued planning, but for now we are assuming its viability. In our meeting with the Corps on the 19th, I can report some enthusiasm for this outcome. An ancillary issue that we would have faced with any disposal site is what to do with the enormous quantities of water that need io be disposed of while the dredging operation is underway. This is estimated to be in the order of 3800 gallons per minute and the plan is to put it into the mangroves. Dr. Snedaker reports that so long as the mangrove area where the water is put continues to drain with each tide, there is no problem. The Corps is supportive of this, so long as it is monitored and stopped if any problems occur. As a backup, we suggested that the permit allow direct discharge into the Gulf at an offshore distance of approximately 1500 feet. There appears to be support for this, but we have additional work to do to refine both of these proposals. These processes will cause some turbidity and in amounts that likely will exceed state water quality standards. '['he FDEP will have to take the long view here and we expect that they will cooperate, but the issue has not been squarely faced as it has only now come into sharp focus. We have tentatively identified an area in the mangroves that would be the target for water disposition and Kyle Lucas is undertaking some analysis with the assistance of Tackney and Snedaker to determine the drainage mechanics of the area. It may require that we ask for and receive permission to enhance those (drainage mechanics) by mechanical means if they are not presently capable of discharging the water to the main system and then to the Gulf. Stay tuned. Because this approach will generate significant quantities of additional beach quality sand, we have accomplished one important regulatory goal of minimizing upland creation within the estuary, but have also created an additional disposal problem with more sand than had been originally anticipated. We proposed to the Corps that it be pushed into the Gulf to a point below mean high water and encountered no resistance to that proposal. Our Plan ,.,.,ill need to be modified to refleci that, but there is no indication that is not permittable. It still must be discussed with the FDEP, but I have reason to be optimistic that they will support this approach. I will discuss that more below. Channel Marking. C)n the 18th, Sam Snedaker, David Tackne¥, Kyle Lucas and myself spent very productive time marking in the field the proposed channel from Clam Pass to Outer Clam Ba~,.. It's !ocation is capable of be;ng seen from the boardwalk, assuming no one has dislodged the poles used. Wilson, Miller has surveyed the location which will allow us to produce specific locations for excavation. In undertaking this task, we moved the channel to some different locations in order to minimize impacts to seagrasses and can report that the total exteni of seagrass impacts is somewhere between 10 and 12% of the total excavation area. In accomplishing this goal, we have probably increased the total amount of excavation, but we anticipate that will be offset by the significantly improved line of the channel through the estuary. ]t is considerably straighter than we had originally anticipated, and this should provide for more ease in construction and will definitely improve the working of the channel upon completion. Kyle Lucas will be taking some additional cross sections based on the new alignment and 16G 2 Tackney will use these to compute a revised estimate of the quantity of proposed excavation. Additionally, we will be taking an additional set of soil bores in the new channel in order to bracket the soil profile and add some certainty to the effectiveness of the cyclone system and its impac! on spoil disposal. Corps Meeting, September 19, 1997. This meeting was attended by Ron Silver, Chip Clough's supervisor and this was a plus. We discussed each of the matters noted here, but importantly, focused on the timing and the need to get the permit done. I believe that if we can address the issues noted here and those that will surface from the Federal commenting agencies, the Corps will work hard to get the permit issued. Mention was made of the "Notice of Intent to Issue' and that is a positive. From the perspective ef the Federal commenting agencies, we only got a i~int at the probable comments and they were predictable. They will fax me the comments as soon as they are availabie and then give me their take on what matters and what does not. This discussion afforded me the opportunity to make my ~yo',J're the decision maker speech" and I don't think it fell on deaf ears. Ron Silver's presence was a help here. Finally, consistent with my discussions with the FDEP, the Corps is willing to approach this as a ~design/build" undertaking, meaning that we have some refinements which we are addressing, but that certain parts of the Plan are ready to go and are not in need of further refinement. Essentially that description applies to ever'ything except the final method and place of disposal. The size and location of the channel cut is not likely to have significant modifications even if they go into the field to review our work and so, is in my view locked in. We advised that we were proceeding to treat it as such and no disagreement emerged. The real task is to solidify spoil disposal and we are doing that presently. End of report. AK£P,.MAN. SENTER. FITT ~ F. ID.fON, P.A. ]. _ ~TroRNEY$ AT LA~' September 22, 1997 Paul J. Reinhardt Energy Resources, Inc. 2206 Samuel Ct. Chesterfield, MO 63005 RE: Calm Pass Excavation Dear Paul, Thank you for meeting with Kyle, David and me to review the dredging plan for Clam Pass. In an effort to get consistent information for our continued planning, I would ask you to address the following matters in your response to me. How would you propose to access the Pass, through the Pass or across Outer Clam Bay? What depth will you require to float your dredge equipment? Will the boardwalk require any modification in order for you to complete the dredging of Clam Pass? The width under the draw bridge portion is approximately 18 feet, but should be field verified. What is your maximum discharge distance with and without booster equipment? What additional information will you require in order to bid the job? How large of staging area will you require? Comment of the feasibility of pumping separated fines 1500 feet offshore rather than using designated spoil area. This may become a secondary disposal mechanism and as such, your thoughts are appreciated. In this matter, your preliminary assessment of costs associated with this technique. Paul J. Reinhardt Page 2 September 22, 1997 2 Comment of the impact of an imposed 29 NTU turbidity limitation both at the point of dredging and at the point of discharge. Are turbidity screens feasible? What recommended changes in the planning would you encourage to make the program more cost effective and easier to implement? What is the estimated cost for moving approximately 25000 cubic yards of material, (mobilization through finish grading)? In this regard, please outline your strategy for implementation, including your utilization of a cyclone or other technique for separation of dredged material and your recommendations for discharge of excess water. Make certain that your assumptions are clearly set forth, as they will likely form the basis for proposed modifications to the permit criteria. Please estimate the time neces~ry to mobilize and complete the project from the time that you receive a Notice to Proceed. I have attempted to identify the matters that are of immediate importance, but please provide such additional information as you think necessary for us to fully understand your approach to the task. Understand, as noted above, we will attempt to define the task in the permit to meet your description of the same and so, some specificity is desired. Thank you again for your help and I would like to hear from you no later than Thursday, September 25, 1997. Very truly yours, ~JR. Brown cC: David Tackney Hilburn Hil!estad Sam Snedaker Jim Ward Susan Watts Kyle Lucas Al Varley AKEP,,lvlAN. SENTER, FITT 8 EIDSON. P.A. ATTORNEYS AT LAW September 22, 1997 Don Fletcher Florida Dredge and Dock, Inc. 1040 N. Island Avenue Tarpon Springs, FL 34689 RE: Calm Pass Excavation, Cuts 1, 2, and 3 Dear Don, Thank you for meeting with Kyle, David and me to review the dredging plan for Clam Pass. In an effort to get consistent information for our continued planning, I would ask you to address the following matters in your response to me. How would you propose to access the Pass, through the Pass or across Outer Clam Bay? What depth will you require to float your dredge equipment? Will the boardwalk require any modification in order for you to complete the dredging of Clam Pass? The width under the draw bridge portion is approximately 18 feet, but should be field verified. What is your maximum discharge distance with and without booster equipment? What additional information will you require in order to bid the job? How large of staging area will you require? Comment of the feasibility of pumping separated fines 1500 feet offshore rather than using designated spoil area. This may become a secondary disposal mechanism and as such, your thoughts are appreciated. In this matter, your preliminary assessment of costs associated with this technique. OIJLAN J~(~l Irol~q' LAUDI:~OAL[ MIAMI TALLAHAS~II:r TAI~IIIA ~MI~.I&T IIALI~ I~.ACI4 Don Fletcher Page 2 September 22, 1997 16G 2 Comment of the impact of an imposed 29 NTU turbidity limitation both at the point of dr,:d§in§ and at the point of discharge. Are turbidity screens feasible? What recommended changes in the planning would you encourage to make the program more cost effective and easier to implement? What is the estimated cost for moving approximately 25000 cubic yards of material, (mobilization through finish grading? In this regard, please outline your strategy for implementation, including your utilization of a cyclone or other technique for separation of dredged material and your recommendations for discharge of excess water. Make certain that your assumptions are clearly set forth, as they will likely form the basis for proposed modifications to the permit criteria. Please estimate the time necessary to mobilize and complete the project from the time that you receive a Notice to Proceed. I have attempted to identify the matters that are of immediate importance, but please provide such additional information as you think necessary for us to fully understand your approach to the task. Understand, as noted above, we will attempt to define the task in the permit to meet your description of the same and so, some specificity is desired. Thank you again for your help and I would like to hear from you no later than Thursday, September 25, 1997. Ve~:~truly~ y~ours, CC: David Tackney Hilbum Hiltestad Sam Snedaker Jim Ward Susan Watts Kyle Lucas Al Varley $[I~VING TH! CLIIN~' &ND 'rH~ CO~U~I'T~' AIr, ER. MAN. SENTER. FITT ~ EID$ON. ATTORNEYS AT I~C)ST O~tCt I~C)x September 22, 1997 Chip Clough U.S. Army Corps of' Engineers 2301 /',4cGregor Street, Suite 300 Ft. Myers, FL 33901 RE: Clam Bay Restoration and Management Plan Dear Chip, Thank you for meeting with myself, David and Sam on Friday. I feel we are making progress and we are proceeding to refine the Plan in our continuing effort to address the concerns of the agencies and the ecology of the system. In that regard we will be refining the portions of the Plan fl'~at describes the main channel excavation as discussed in our meeting and making such further refinements as are necessaw to put the application into permittable form. We will look forward to receipt of the comments from the agencies and in particular your assessment of those that require our particular focus. I encourage you, or a member of your staff to inspec'~ the proposed channel as marked. I think it will provide a significant measure of comfort that the intrusion into the resource is of manageable proportions. Thank you again for your continued interest and we look forward to continuing our effort to bring this project to conclusion. CC: Ron Silver Jim Ward Susan Watts Al Varley Hilbum Hillestad Sam Snedaker David Tackney ~t~LANO0 leotrr LAUOI~MOAL[ MIAkll , TALLAHAIIII'I: ?AMIGA <IT ~'ALI. q II[AClq AKER. ktAN. SENTERFII-I' ~ EID5ON. A1-FORNEYS AT L^~ P.A. 1 6G 2 September 22, 1997 Ron Silver U.S. Army Corps of Engineers 400 West Bay Street Room 947 Jacksonville, FL 32232-00i9 RE: Clam Bay Restoration and Management Plan Dear Ron, I want to thank you for your contribution to the our recent meeting in Ft. Myers reviewing the progress in getting this Plan permitted. I look forward to receiving the comments of the other reviewing agendes and in particular your insight into them. I remain convinced that this Plan is on the right track and consistent with our advice to you and Chip, we will be proceeding to draft the appropriate amendments to the Plan to reflect the adjustments made to date and those that are to be proposed as the basis of final permitting. I very much appreciate the Corps' wil!ingness to attack the limited time frame we have to make this work and you may be assured that we will do all we can to provide you with the answers you need to make a favorable permit decision. Thanks again for your interest and I look forward to conferring with you soon. cc: Chip Clough Jim Ward Susan Watts Hilbum Hillestad Sam Snedaker David Tackney Al Varley OIqL.~,NOO IleORT LAUOIrI~DAL£ MIAM~ TALL. AMA$~,~: TAMIIIA W~I~? ~IALM II:ACM II[t~VINC Till (ZLIINT AKEP, A4AN. $~NTERFI1-F 8 EID$ON. P.A. ,~.T-TORN~YS AT LAW 2 September 22, 1997 Chuck Hahn Subaclueous Services 4945 Kim Lane Ft. Myers, FL 33905 RE: Calm Pass Excavation, Cuts 1, 2, and 3 Dear Chuck, Thank you for meeting with Kyle, David and me to review the dredging plan for Clam Pass and in particular Cuts 1, 2 and 3. In an effort to get consistent information for our continued planning, I would ask you to address the following matters in your response to me. How would you propose to acces~ the Cuts I, 2 and 3, through the Pass or across Outer Clam Bay or other? What depth will you require to float your dredge equipment? Will the boardwalk require any modification in order for you to access Cuts 1, 2 and 3? The width under the draw bridge portion is approximately 18 feet, but should be field verified. What is your maximum discharge distance witt~ and without booster equipment? What additional information will you require in order to bid the job? How large of staging area will you require? Comment of the feasibility of pumping separated fines 1500 feet offshore rather than using designated spoil area. This may become a secondary disposal mechanism and as such, your thoughts are appreciated. In this matter, please also provide your preliminary assessment of costs associated with this technique. 2 COLLIER COUNTY OCTOBER 2, 1997 ADMLN'ISTRATION TRAIL EAST. EAST NOTE AGENDA PLA24NING COMMISSION WiLL Nfl,ET AT 8:30 A.M., THURSDAY, IN 'DIE BOARD OF COUNTY COMMISSIONERS MF. ETING ROOM, BUILDING, COUNTY GOVERNMENT CENTER, 3301 TAMIAMI NAPLES, FLORIDA: ANY PERSON WHO DECIDED TO APPEAL A DECISION OF THIS BOARD WILL NEED A RECORD OF THE PROCEEDING PERTAINING THERETO, AND .qTIEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF TI-[E PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVDENCE UPON WHICH THE APPEAL IS TO BE BASED. ALL MATERIAL USED IN PRESENTATIONS BEFORE THE CCPC WILL BECOME A PERMANENT PART OF THE RECORD. THESE MATERIALS WILL BE AVAILABLE FOR PRESENTATION TO THE BOARD OF COUNTY COMMISSIONERS. 1. ROLL CALL BY CLERK 3. 4. 5. ADDENDA TO THE AGENDA APPROVAL OF MINLFFES: August 21. 1997 PLANNING COMMISSION ABSENCES: BCC REPORT M/sc. Cortes: CHAmMAN'S REPORT ADVERTISED PUBLIC HEARINGS: Copies To: Peufion No. CP-97-2. Recommendation to the Board of County Comrmaszoner~ to forward for tran-m~ttal to thc Department of Commumty Affah% Petition CP-97-2, Bruce ~ and Robe. ri Duane representing Jim Colosimo, Trtat~, requesting to amcxxl the Golden Gate Area Master Platt (Coordinator: Lee Layne) P~uon No. BD-97-19, Donald P. Ricci, Jr., of Mam~ .Marine Conztrucuork repre~mtmg Thomas Eiseman, requeatmg a 20 foot boat d~k extensaon to allow for a 40 foot boat dock nnth two flil~ and boat lift facility for property located at 790 Copeh,~ Drive. furthex ~bed as Lot 14. Block 419. Marco Beach Unit 13. (Coordinator: Ross Gcx. tzaaaux) PeUuon No. BD-97-18, Milea L. Soofield, rqan:seming Sarv~io Maggio, ~ ai~amval to construct a boathouse over an eximng boat dock and bo~t lift for ~ loea__tcd at 350 Avenue. further described as Lot 10, Block P, C. onnera Vandeabilt Beach Estatea, Unit 2. (Coordinator: Su~n Murray) (Contmt~l From Se1~_¢~'~'_ ¢, 1997) il 16G 2 F Pemion No. PDI-97-6, Barbara A. Cawley, AICP. of Wil~n, Miller, Barton & Peck, Inc., representing The Moonngs Incorporated, reque, xl~ng an msul:~lantial change deteraUnat~on to The Moonngs PUD Master Plan to allow one addiUonal enw~m'e from Goodletlc-Frank Road, for property located on the ea~ side of Goodlette-Frank Road (CR. 851) south of Pine Ridge R~ad (C.R. g96), in SeCtion 15, To'~nsh.qa 49 SOutlL Range 25 East, Collier Count5', Honda, consisting of 83 acres. (Coordinator; Susan Murray) Peution No. PDI-97-4. ,Mark D. McCleary, P.E., of Conunumty Engmeenng SerVices, Inc., repn:r.,enUng Worthington Realty Inc., requesttng an in.substan~ change deterrmnation to the purpo~ of replacing the Master Plan, resulting from a new marketing ~'ategy emphaxizing single- farmly homes with golf course v~ews. (Coordinator: Susan Murray) Petition No. NUA-97-2, Arthur C. Quinncll, represenUng Naples Land Yacht Harbor, Inc., requegung t~hc change of 25 non-conforrmng mobile home lots which do not comply with the ~"tback reqmrements to public streets and for 111 lots which do not meet the lot size requirements due to the. change of zoning from MHTT to MH, for property located at 2801 Pine Street in Section ! 1, Township 50 South, Range 25 East. (Coordinator: Ray Bellows) Petluon No. V.97-?, William L. Hoover. AICP, of Hoover plarmmg Shoppe and Dawd S. Wilkison of Wilkison & Assocaates. inc., represenung Target Benefit Plan of Imperial Homes of Naples, Inc.. reques~ng a variance of 0.91 acre from the mammum lot area reqmrement of 5.0 acres to 4.09 ac'rea tn the "A" district; a variance of 33 feet from the reqmred 165 foot lot Width to 132 feet; and a 5 foot variance from the required side setback of 20 feet to 15 feet for property located on the west side of Old U.S. -~1. approXimately 500 feet south of the Lee-Collier Co~mty Line, in Sectaon 10. Township 48 South. Range 25 East, Collier County. Florida. (Coordinator: Ray Bellows) (Compamon Item to CU-97-18) PettUon No. CU-97-18, William L. Hoover, AICP, of Hoover planning Shoppe and Wilkison & Associates, Inc., representtng Target Benefit Plan of Im~ Homes of Naples, inc., requesang Conditional Use '21' of the 'A" zomng distncl for a r~zlml plan nur~:~ for property located on the west side of Old U.S. 41, 1/3 rmle north of Rail Head Boulevard and $00 feet south ofth~ Collier- Lee County Line in Section 10, Township 48 South, Range 25 East, cotmistang of 4.09 acre~ more or less. (Coordinator: Ray Bellows) (ComPamon Item to V-97-7) Pctitton No. PSP-97-10, Taylor Woodrow Commumties requesting Prelimma~. Subdivmon plat approval for Stonebridge Umt Four located at A~rport-Pulling Road (C.R. 31) and lmmokalee Road (C.R. 846) in Section 26, TownahJp 48 South, Range 25 ~ con.slsllng of 16.4 aerea. (Coordinator: Ron Nino) Petition No. PSP-97-11, PMS of Naples, Inc., rep~ong Peh~an Strand Ltd., reti~am~g PrelinunarY Subdiv~ion Plat approval for Pelican Strand TmO.~ 6 & 8, located on Pehcan Stra~ Boulevard, in Section 18, Townahip 48 South, Rang~ 26 East, con.ni.nting of 10.09 acrea. (Coordinator: Ron Nmo) peUuon No. V-97-9, Susan Hebel Watts of WCl Communities Limited Pannetxhip, ~ a 250 square foot varmace from the requrred 1,000 square foot minimum for multi-family umta to 750 square feet per umt for pnape~, located in Pehcan Mm~ Ea~ m Se~ion 25, Township 48 South, Range 25 East, Collier Co~mty, Florida. (Coordinator: ROn Nmo) · P 9. i0. 11. PeuUon No. PUD-82-29(3), Ro~rt L. Duane of Hole. Montes & Assocmtes. relaresenung C.C. Naples. Inc., a Delaware Corporauon ,'md Jotm N. Brugger. Trustee for a moue from 'PUD' to "PUD'. Platmed Unit Development known as The Retreat ha~ng the effect of amending the Ret~at PUD for the purpose of allowing a conunmng care reurement commumty mclu~v~ of spocmliz~ health car~ living umts on Tract "B' and makang other changea to the ~ pud while consolidating all prevaous amendments into a new PUD Documeat The total authorized dwelling umu .,~mmn the same at 740 dwelling umts. The Retreat PUD (a/k/a Bentley Village) is locataM on the west side of North Tanuarm Trml (U.S. liN) and exltmda west lo Vandeflailt Drive, approximately ~/, mile north of wig~ns Pa~ Road, m Section 9, Townahlp 48 South, Range 2:5 East, Collier County, Honda, conaiSttng of 208 acres. {Coordinator: Pon Nino) PeUuon No. SV-97-1, Everglades Private 3arboats, representing CMC Heartlanda, requeatmg a variance from Section 2.5.5.2.3.10.4 of the LDC for 2 Directional S~gna 64 ~ feet each and 20 feet lagh installed on Airboats parked on the property, along U.S. 41, located in Section$ 26 and 27. Township 52 South, Range 29 East. (Coordinator: Chahram Badamtclaan) Petiuon No. CU-97-19, Michael I. Cormdi requesting CondiUonal Use "1' of the 'C-3' zoning district for amusements and recreauon sennees (fortune teUer, palm rt,,atle~_r, astrologer, and ~mtual counselor) for property located al 10401 Tamm.nu Trail North, further deaenbed aa Lota 9 & 10. Block 7. Naples Park Umt 1, m Sectaon 28, Toaxtship 48 South. Range 25 East. Collier County.. Florida. cons~sung of .62 acres. (Coordinator: Cha/tram Badamtch.tan} O Petition No. CU-97-20, Victoria Carl represenung Hou~ of Prayer of the God, requemng Conditional Use "3" of the "VR" zorUng district, for a church and commumty serv~cea for pnalaerty located at 401 South Second Street, lmmokalee, m Sec~on 4, To~mahip 47 South, Range 29 Eaat Collier CourtLy, Florida, consi~ing of 1.34 acres. (Coordinator: Ctxahram [~tchian) Petition No. CP-97-3, Growth Management Plan Amendment for the Fiddler's Cr~=k porUon of Marco Shores PUD/DRI. (Coordinator: DaVid Week~) (Tramm:ttal Hearing) Petition No. BD-97-15, Jerry Ne, al of Turrell & ~tea, Inc., relaresenUng Dela Pail: Soutlk Inc., requesung a 45 foot boat dock extermon from the reqtured 20 feel to allow a boat dock facility W~th 16 slips and lifb; prong 65 feet into the waterway for property located at 1020 Collier Boulevard South, further deSCnbed at Lot 3, Block 5R7. Marco Beach Umt 21. (Coordinator: Ckahram Badmntchian) (Continued from September 4. 1997}. Petition NO. PUD-97-11. George L. Vamadue, Esqmre, of Young, van A.~enderp & Varna~k~ and Allan Reyn, olds of Wilson, Miller, Barton & Peek, Inc., representing Barron Collier requea'Ung a rezone from "A" Agricultural and "I' Indusmal to 'PUD* Plaaued umt Dev~ to be known aa Creek~ide Commerc~ Center, for light i~ ~ and retail ua~ for pmper~ localed on thc e:a$t arid ~ si~ of Goodlett~ Frai~ ~ (C.R. gSl), Immod_ i~y ~ of [mmokalee Road (C.R. 846). in Section 2'/, Towmhip all Sou~ Range 25 Fast ootm.mng of 10ii.4 acres. (Coordinator: Bryan Milk) (Conunued from Selmunb~ 18, 1997). OLD BUSINESS NEW BUSINESS DISCUSSION OF ADDENDA ADJOURN 10-2-97 CCPC AGENDA/md 3 August 21, 1997 TRANSCRIPT OF THE MEETING OF ~ COLLIER COUNTY PLANNING COMMISSION Naples, Florida, August 21, 1997 LET IT BE REMEMBERED, that the Collier County Planning Commission in and for the County of Collier, having conducted business herein, met on this date at 8:30 a.m. in REGULAR SESSION in Building "F' of the Government Complex, East Naples, Florida, with the following members present: ALSO PRESENT: CHAIRMAN: Michael A. Davis Russell A. Budd Michael J. Bruet Fred Thomas Donald J. York Edward J. Oates, Jr. Michael Pedone Richard Nelson Gary Wrage Marjorie M. Student, Assistant County Attorney Robert J. Mulhere, Current Planning Manager Page 1 AGENDA 16G 2_ COLLIER COUNTY PLANNING COMMISSION WILL MEET AT 8:30 A.M., THURSDAY, AUGUST 21,. 1997 IN-THE BOARD OF-COUNTY COMMISSIONERS.MEETING ROOM, ADMINISTRATION BUILDING, COUNTY GOVERNMENT CENTEK, 3301 TAMIAMI TRAIl. EAST, EAST NAPLES, FLORIDA: ANY PERSON WHO DECIDED TO APPEAL A DECISION OF THIS BOARD WILL NEED A RECORD OF THE PROCEEDING PERTAINING THEKETO, AND THEKEFOKE MAY NEED TO ENSUKE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH KECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WI-HCH THE APPEAL IS TO BE BASED. ALL MATERIAL USED IN PRESENTATIONS BEFORE THE CCPC WILL BECOME A PERMANE~ PART OF THE RECORD. 'rKESE MATERIALS WILL BE AVAILABLE FOR PRESENTATION TO THE BOARD OF COUNTY COMMISSIONER~. 2. 3. 4. 5. 6. 7. ROLL CALL BY CLERK ADDENDA TO THE AGENDA APPROVAL OF MINLrrES: July 17, 1997 PLANNING COMMISSION ABSENCES: BCC REPORT REPORT ADVERTISED PUBLIC HEARINGS: do P~ifion No. BD-96-8, N~plc~ Dock and Marine Se~rices ~ lam~ Hughes. rt-q~:sti~ a 159 f~ot boat dock extrnsion to nllow for · 170 foot boat dock fm pmp~ Ioca~l 94 Doild~in Circle, further d~mcribed as Lots 84 & 85, Isles of Cal~ Unit 1, in Section 31, ffownal~ 51 So.h, ~ 26 F.t,t (~ Chahrsm ~) Bo Per,ion No. PDI-97-5, Jack B. McKenna of Agnoti, Ba/oer and Bnmd~e, ~ NTC i~the location tnd size of treas ~o be pre,m~ and ~e comeq~ ~ of ~ ~ f~ ~tix, R~nge26~C. olli~Cmmiy, ~ (C___,y~Mins~.RonNino) Peti~on No. V-97.6, Cn~ C. adiale icl,,"'~tt~ Henry [vi. lolmso~ r~lneSt~m[ · 10 fora ~ar meti:~k variance frora {he req~red 30 feet lo 20 feet fo~ prope~y Ioca~l mt Lot 18, Bscyfiont ~ in ~6, To~,~,So~.R.~a~e,m.~~,~ (Coo,~U,m~. Rayneno,,,) Do Eo Ho 16G ,_ Petition No. PUD-85-29(I), tL Bruce Anderson of Young, van.A.lacnderp and Varnado~, P.A., representing Jim Colosimo, Tmst~, requesting an u~mdment to the Naples Gateway PUD for the purposes of bri~ging the Master Plan into cortzpliance with the Cun'ent Collier County (3xowth Management Plan; reducing in height from 3 stories over parking to thr~ stories maximum: in~ setbacks to 50 feet for two and three story structures ·dj·cent to Livingston Woods Lane; include an eight foot masonry wall ·long the r~tr ~ line; archit~:ctxn-al contmis to encourage harmonious ~elationslups between buildings and uses; more restrictive silgnage requitvments than ~ by the LDC; increase hmd.scapmg r~quirements ·long internal roadways and to the r,zar of the p~hibit p~acement of fsa~ food r~nam-ants, convenience ~ and gasoline servic~ stations, 300 feet of Livingston Woods l. ane and prohibit loudspeakers or public adda~sa systmns, for properly locatext on the north side of Pine Ridge Road, east of Livingston Road, in Se':tion 7, Township 49 South, Ra~e 26 Ea~ Collier Cotmty, Florida, consisting of 13.45 sea's. (Coordinating. Bryan Milk) Petition No. PUD-89-6(2), Barbara Cawley, AICP, of Wilson, Miller, Barton & Peek. Inc., ~tin8 Grin/ Oaks Development Corporation, for an amendment to the Grey Oaks PUD, Ordinance No. 96-82, for the purpose of pm,,-iding a heigh! of buildings limitation of sixty-five (65) feet in the event a hospital is comlructed in the northeast quadrant officeJcot~-~rcial di.slxict of Airport-Pultia8 Ro·d (C.R. 31) and Golden G·te Parkway (C.R. 886). The Grey Oaks PUD is locatc-d on the northwest, northeast and southeast quadrants of Airport-Pulling Road (C.R. 31) and C-olden Gate Park~,ay (C.R. 886) ia Section s 24, 25 and 26, Township 49 South, Range 25 East, Collier County, Florida, consisting of 1,601.39 acres. (Coordinatnc Rou Nino) Petition No. PUD-89-28(I), Frederick R. Pauly, Trustee, requesting an amendment to the Brentwood PUD, eliminating liquor stores from the Principal Retail Uses and ·_dd_~ng the r~lui~-ment for · co~tu, uon architectural theme fo., all buildixtgs and paxcels within the PUD for property located east of 1-75 and on the south side of Immokalee Road (C.R. 846) in Section 30, Town.ship 48 South, Range 26 East, Collie~ County, Florida, consisting of 18.67 ac~ (Coordioato~. Ray Bellows) Petition No. PUD-91-1( I ), Thomas E. Killen, Architect, reD-esentiag Earl L. and Shirley A. Frye, requesting a rezone PUD to PUD known sa "Radio Squa~" to amend the PUD document for purposes of adding fraternal organ~tions sa an authorized use, for property Iocatc-d on the southwest corner of Radio Road (C.IL 856) and Donas Street, ia Section 1, Township 50 South, Range 25 East, Collier County, consistin~ of 9.4 ac~s. (Coordinator. Ron Nino) ?e~ition No. PUD-94-7(1), Barbara H. Cawley, AICP, of WiLson. Miller, Barton & Peek, Inc., representing Outdoor Resorts of America, requesting an ameadment to the Laur~lwood PUD, by changing the name of the PUD to Outdoor Resorts of Naples, The Moto~:oach Country Club PUD amendinlg the ownership, deleting the residential dwelling types and adding motto'coach recreational vehicle uiaits sa a permitl~l use, rt~placing the 465 ttm.ximum nmnber oJ'mixed residential trails with a maximum of 488 motorooach lots, and r~-vising the PUD Masm, Plan, for property located on the south side of Irnmokalee Road (CA~. 846) approximately ~A mile w~t 'of the intersection of C.R. 95 ! · nd lrm~k~ee Road, in Section 27, Township 48 South, Ran~ 26 East, Collie~ County, consisting of 78 ac~s, mor~ or less. (C..ootdinalx~. Ray Bellows) Petition No. PUD-97..6, Robert Duane of Hole, lvionl~ & Associate, t~senth~ Mark W~ Trustee, requesting t~z. one fix~m C-2 and "A" to PUD to be known as U.S. 41/Wig~na Pass P,x~d PUD PUD for conmaercial sad professional offices for ~ Iocat~ on the southeast corn~ of J.S. 41 Wigs, ins Pm .oad, in Secaon 15, Tos-ns 4a Sonttt, Ran r=ast, CotU C. on , Florida, consisting ofg.0g ncaa, mo~ o~ less. (~ Ron Nino) P~tion No. CU-97-9, Timothy W. Ferguson, P.A., as Agnn~t for:. El ~ Bus ~, ~g Conditional Use '12' of the C-5 zonia~ district for a ~ t~a~ninal for property ~ at the northea~ corn~ of New Mark~ Road and State Road 29, Innnokaiee, in ,.qectio~ 3, To~ 47 Pon Nino) 8. OLD BUSINESS 9. NEW BUSINESS 10. DISCUSSION OF ADDENDA 11. ADJOURN 16G 2 8-21-97 CCPC AGENDA/md 3 August 21, 1997 CHAIRMAN DAVIS: I'll call this meeting of the Collier County Planning Commission to order and begin by calling the roll. Mr. Nelson. COMMISSIONER NELSON: Here. CHAIRMAN DAVIS: Mr. Budd. COM/~ISSIONER BUDD: Here. CHAIRMAN DAVIS: Mr. Bruet. COMMISSIONER BRUET: Present. CHAIRM3~N DAVIS: Mr. Thomas. COMMISSIONER THOMAS: Here. ~{AIRMAN DAVIS: Mr. Davis. Here. Mr. York. COMMISSIONER YORK: Here. CHAIRMAN DAVIS: Mr. Oates. COMMISSIONER OATES: Here. CHAIRMAN DAVIS: M~. Pedone. COMMISSIONER PEDONE: Here. CHAIRMAN DAVIS: Mr. Wrage. COMMISSIONER WRAGE: Here. CHAIRMAN DAVIS: Any addenda to the agenda today? MR. ~JLHERE: Mr. Chairman~ I'd like to have a brief discussion on the FAPA, Florida American Planning Association Conference that will be in Naples the third. I know there was some discussion at the meeting -- at the last meeting which I was on vacation during -- I have some other information. CHAIRMAN DAVIS: Okay. Well, let's do that right before we get intq our public hearings. We've got one set of minutes up for approval of July 17th. COMMISSIONER YORK: Move they be approved. COMMISSIONER OATES: Second. CHAIRMAN DAVIS: Motion by Mr. York for approval, second by Mr. Oates. Discussion? (No response.) Ail those in favor, signify by saying aye. Opposed? (No response.) CHAIRMAN DAVIS: That carries unanimously. The Planning Commission absence is coming up. COMMISSIONER THOMAS: I will be absent on the first meeting in September. COMMISSIONER YORK: I will -- I'm trying to rearrange my schedule to be here that day and I think I will be absent on the first meeting in September and I will definitely not be here the last meeting in October. COMMISSIONER NELSON: I will be absent the first meeting in September also. Cfl~LISSI~WRAGE: I will be absent the 18th. CHAIRMAN DAVIS: September? COMMISSIONER WRAGE: September. Page 2 16G 2" August 21, 1997 CF~IRMAN DAVIS: Motion by Mr. York for approval, second by M.r. Oates. Discussion? (No response.) All those in favor, signify by saying aye. Opposed? (No response.) CHAIRMAN DAVIS: That carries unanimously. The Planning Commission absence is coming up. COM/4ISSIONER THOMAS: I will be absent on the first meeting in Septem~Der. COMMISSIONER YORK: I will -- I'm trying to rearrange my schedule to be here that day and I think I will be absent on the first meeting in September and I will definitely not be here the last meeting in October. COMMISSIONER NELSON: I will be absent the first meeting in September also. COMMISSIONER WRAGE: I will be absent the 18th. CHAIRMAN DAVIS: September? COMMISSIONER WI{AGE: September. CHAIRMAN DAVIS: The EAR is coming back. Is that the first meeting in September or second? MR. MULHERE: I think it's the second, the EAT meeting. CHAIRMAN DAVIS: Second. Okay. Because that should be -- that should add quite a bit to our agenda. Is the agenda for the first meeting in September fairly sizable? ~. MULHERE: Yes, it is. As far as I know, there are 11 items on that; potentially one or two that may be lengthy, some fairly short petitions. We're trying to keep the 18th on the lighter side because of the EAR. CHAIRMAN DAVIS: Okay. MR. MULHERE: And we'll just put a few petitions that, you know, otherwise we -- we need to get on there. CHAIRMAN DAVIS: It sounds like we're in pretty good shape for a quortun, so it shouldn't -- shouldn't be bad. BCC report; anything of note there, Mr. Mulhere? MR. MULHERE: No. Of course, they were on vacation so -- COMMISSIONER OATES: Didn't do as much anyway. MR. WJLHERE: Returning, I believe, this week, this coming week. CHAI!(MAN DAVIS: Okay. CO_~24ISSIONF~ WRAGE: Just a -- just a question. The mother-in-law house that we had in Golden Gate here about a month, a month and a half ago, was it ever -- the commission ever do with that one? Did they even go to the commission? It was a variance that we voted in. MR. MULHERE: I'm not sure. I' 11 have to check. COMMISSIONER BRUET: I think we turned it down. COMMISSIONER PEDONE: Yeah. The one with the -- had no permit? COMMISSIONER BRUET: Yeah. We turned it down. CHA~ DAVIS: Right. PIR. MU-n/{ERE: I think it was also denied by the board, but I'll Page 3 August 21, 1997 check. I'll get back to you on it. CHAIRMAN DAVIS: Okay. I guess under Chairman's Report, we can talk about the APA conference. This is prompted. I contacted Mr. Mulkere about the availability to attend some of the seminars and a lot of these conferences, apparently more the national conferences, they have workshops specifically for planning commissioners. And in talking with Mr. Mulhere, we discovered that apparently that's not the case for this one. MR. MULHERE: I have only eight of those but I understand some people -- COMtZISSIONER WRAGE: I do not need one. MR. MULHERE: -- right, will not be here, so -- CHAIFLMAN DAVIS: Okay. But I'd ask Mr. Mulhere to make a copy of this up for us because there are some of the seminars that -- that seem to be very worthwhile in attending. MR. MLrLHERE: Right. Let me -- what we did was we've purchased two conference a~nissions or -- for --- for the Planning Commission so we have to -- i think at the last meeting I wasn't here but Wayne indicated that there was some confusion potentially, for example, that Mr. Davis would be absent but he will -- ~.e will be in town during that time period. And, obviously, since I think there was an indication that three of the Planning Commission members would be -- not in town on the fourth and we have a meeting that morning, that kind of -- in order to have a quorum, that kind of shoots the morning out of the conference anyway. But I did take a look at this schedule. And on Thursday, there are some afternoon sessions that might be of interest to Planning COmn~ission members. And included with the two admissions that we're paying for, there are some -- there's a luncheon on Thursday and a luncheon on Friday and a -- and a reception on Thursday evening that, you know, are included with the ticket price, so whether or not anybody wants to attend those, I mean, I think you can work that out. But Thursday there is -- there is a morning session, and whether or not the Planning Commission is finished in 'time to achieve that one, there's one on Sustainability, the Path to Florida's Future, I know there's been some interest on that whole Sustainability 2000 of Governors, and -- and I'm sure that discussion revolves around that. If you can turn to the -- the schedule at a glance for Thursday, September 4th, a few pages back in the packet. There is a luncheon at 12:15 with a guest speaker, Jane -- Jane Hulls Kay (phonetic) is the author of Asphalt Nation. She's going to do a -- a session and then at 2:00 o'clock, from two to 3:30, there is a DCA Sustainable Communities Demonstration Project, and then at 3:45, there is a -- I think what might be of interest is Respecting Private Property, Vested Rights, Takings in the Bert Harris Act. And that may be of interest to some of the Planning Commission members. There's also a session at the same time, Visions of the Twentieth Century, Solutions for the Twenty-First Century, New Urbanism. And just to let you know, the planning staff is involved in two Paqe 4 16G 2 August 21, 1997 local track sessions on that day; one at 10:30, which is entitled, Don't Box Me In, Design Standards for Big and Little Box Retail Stores. That's our architectural standards. And we're also -- we've put together a -- a session on Economics 101, the ABC's of Florida's Coastal Counties at 3:45. Witt Ward, Beverly Fox from the Southwest Florida Film Commission, Janet Wate~--myer from the Lee County Economic Development Council and Fritz Rocca (phonetic) from the Immokalee University of Florida IFAS office, who's a Ph.D. in agricultural economics, will be speaking on the economy of Florida's coastal counties and the three big industries. And I don't know whether or not you'd be interested in attending either one of those sessions. I just wanted to let you know that we're -- we're involved in those. On Friday, on the next page, there are several that may be of interest. There is a nine to 10:30 which deals with University Outreach to Coma~unities, How Communities can Benefit from University Involvement, and with the advent of the new university opening that may be of interest. And at 10:45 to 12:15, there's Neighborhood Planning and Public Involvement. That seems like a good session. And at the same time there's Nuts, Bolts and Finger Sandwiches of Community Planning, a Grassroots Effort. Even though we only have paid for two admissions, I'll go out on a limb here and say that if anyone wants to show up and attend one of these sessions, I certainly don't think they'll have any armed guards there. So -- and to let you know -- I was going to tell you this as -- s0r6 of as a surprise later but I'll let you know now that we have a -- we submitted an application for an award and the Planning Department won an Award of Excellence for the Architectural Standards, which will be awarded at the conference. And as part of that we received a -- a booth. As part of the award they gave us a booth there, so we'll have a booth set up at the conference and we can use that as sort of a central meeting area, so if you want to leave a pass or if you want to leave a message or if you want to leave, you know, tickets to one of the luncheons or something like that or if you want to pick up -- if you show up and you feel like you need -- we'll be there. We're going to be .manning that booth throughout the whole conference, so we'll have somebody from the planning staff there at the booth. C}~I~4AN DAVIS: Yeah. It seeras to me that this -- this conference, being in our own backyard, any of these forums that we can attend as planning commissioners, it would -- it would certainly be wonderful for us to do so. It's a great opportunity to, I'm sure, hear some good information. So, through Mr. Mulhere, we'll, I guess, facilitate as many of us as we possibly can to -- MR. MDI2{ERE: I think what we're planning on doing is -- CHAIRMAN DAVIS: -- to listen. Page 5 August 21, 1997 MP,. MULHERE: -- we've purchased a number of admissions for the staff as well and not everybody will be able to attend. Some people -will be at the Planning Commission, some people will have other -- so, we're kind of juggling those around as well. And I think, you know, if -- if you show up and you want to attend a session, if you just stop by that booth, we'll -- we'll work something out. CPL~IRMAN DAVIS: Okay. We'll use the staff's booth then as the central point and get as much mileage out of the conference as we possibly can and -- and certainly congratulations are in order for the -- MR. MULHERE: Thank you. CHAIRMAN DAVIS: -- for the award because you and your staff and a lot of people from the public that all worked so hard on our new architectural standards. That's wonderful that our county is going to be recognized for that. MR. MIILHERE: But we'll -- once we get the award, we'll bring it forward and -- and share it with you. And I think it was -- and the packet that we submitted recognized a number of organizations and individuals in the entire community because that -- in the eight years that I've worked for the county, there's never been anything that was -- I've never worked on anything that was more of a unilateral effort than -- than that. And I -- and I think it shows in the product. COMMISSIONER THOMAS: I think I need to tell you congratulations although -- even though I seem to be the one dinosaur as it relates to those architectural standards. CHAIRMAN DAVIS: The rest of us pulled you along, correct? All right. With that, one more item of business at -- I've asked our Assistant County Attorney, Miss Student, at our next meeting to talk to us a little bit at the beginning of the meeting about the Sunshine Law ex parte communication, gifts, et cetera. COMMISSIONER THOMAS: Why can't we wait until the meeting after that because a lot of us are not going to be here at the next meeting? C~%IRMAN DAVIS: How many are going to be missing the first meeting in September? One, two -- yeah. And the second meeting, I think -- COMMISSIONER THOMAS: Only one. CHAIRMAN DAVIS: Just you, Mr. Wrage? COMMISSIONER WRAGE: That's all. CHAIRMAN DAVIS: Well, you can read the minutes thoroughly. Miss Student, can we do that at our second meeting in September? MS. STUDENT: That's fine. CF~IR~DAN DAVIS: %~at's -- that's a good point because we want as many here as possible. )~. S'IT~FJqT: Right. That works out better for me, too. CHAIRF~IN DAVIS: Okay. COMMISSIONER THOMAS: I need to fiqure out what this ex parte means. CtlAI~ DAVIS: She is going to enlighten us. With that, let's begin our advertised public hearings, the first being Petition BD-96-8. Page 6 August 21, 1997 Mr. Badamtchian. COMMISSIONER THOMAS: Swear him. CHAIRMAN DAVIS: And I would ask all those present here today who are going to testify on this petition to please stand, raise your right hand so the court reporter may swear you in. COMMISSIONER THOMAS: Let them all get up here. CHAIP~AN DAVIS: Okay. COMMISSIONER THOMAS: One, two, three, four, five, six, seven, eight, nine, ten, 11, 12, 13, 14, 15. Okay. (The speakers were sworn.) CHAIRMAN DAVIS: Thank you. COMMISSIONER THOMAS: I'd like to make a declaration. CHAIRMAN DAVIS: Declaration, Mr. Thomas. COMMISSIONER THOMAS: I would like to declare that I've talked to Rocky Scofield about this on two occasions. COMMISSIONER BRUET: Mr. Chairman, I also spoke with counsel about this issue. CHAIRMAN DAVIS: Okay. Mr. Nelson. COMMISSIONER NELSON: And I visited the site and also one of the owners that lives -- well, we can point it out later -- lives along Pelican, which is the main drive coming up to that, called me, Mr. Hodgkinson, and also sent me a letter but I believe he also sent the department a letter, too. CHAIRMAN DAVIS: Okay. Anyone else? All right. Thank you. Mr. Badamtchian. MR. BADAMTCHIAN: Good morning, commissioners. Chahram Badamtchian from Planning Sea-vices. - Mr. Richard Yovanovich, representing Mr. -- Mr. and Mrs. Hughes, is re,Jesting a 159 foot boatdock extension from the required 20 feet to 179 feet, a boatdock and boat lifting facility. This boatdock, as measured from the platted, single-family lot will be 359 feet. However, there's a sand deposit in front of the house. ~_nd the petitioners, they have purchased that sand deposit from the state. That's why we are measuring it from the edge of that sand deposit which makes it 179 feet. Staff reviewed this petition and believes that approval of this boatdock ~nd construction of this boat docks will interfere with the other neighboring properties who have similar boat docks and it also will be an eyesore. Staff recommends that the Planning Commission deny this petition. Staff believes that either a dredge in the area or having a boatdock to be used by everybody in the area is a better solution than having a -- such a large boatdock for just one single-family house. CHAIRMAN DAVIS: Mr. Thomas. COMMISSIONER THOMAS: I have to ask a couple of questions. You said they bought the sandbar. [~R. BADAMTCHIAN: There's a sand deposit. It was never properly clredqed. COMMISSIONER THOMAS: Okay. Let me ask you a question. There's Page 7 16G 2_ August 21, 1997 a line here on this drawing that runs -- MR. BADAMTCHIAN: That's this sand deposit line. COMMISSIONER THOMAS: That's a sand deposit. Now, who owns that sand deposit? MR. BADAMTCHIAN: State of Florida owns it but they have purchased the portion of that sand deposit from the state. COMMISSIONER THOMAS: Oh, a portion of it. Just the portion that comes down off their property -- MR. BADAMTCHIAN: Correct. Yes, sir. COMMISSIONER THOMAS: -- within the riparian lines? MR. BADAMTCHIAN: Yes. COMMISSIONER THOMAS: Thank you. CHAIRMAN DAVIS: Okay. Any other questions of staff? MR. BADAMTCHIAN: Staff has received the four letters against and three letters in favor of this petition. CHAIRMAN DAVIS: Mr. Bruet. MR. BRUET: The letters against all deal with view or they deal with environmental issues? What are the issues? MR. BADAMTCHIAN: They -- basically with environmental issues, the view and interference with navigation and basically seeing that a boatdock that big in the area, it's going to be an eyesore and it's going to interfere with navigation. COMMISSIONER BRUET: Are there any other docks similar to this in size within that community? MR. BADAMTCHIAN: Not that large. We have a 135 foot boatdock, I believe, approved not long ago. MR. 5~LHERE: But there's -- there are several. It's very shallow. There are several boatdocks on Isles of Capri that do extend 140"and I think maybe there are some that are existing that extend out even further than that. So, the length really is not unusual for that area. It's the unusual configuration of the lots in that corner there and in our opinion the -- the impacts that this dock might have on somebody else's ability to build a dock and be able to navigate there. CHAIRF~AN DAVIS: Mr. Thomas. COMMISSIONER THOMAS: A question. Will somebody explain to me how the riparian lines are done? MR. BADAMTCHIAN: That was done by DEP. It's not a county riparian line. COMMISSIOneR ~05~S: Wait a minute, wait a minute, wait a minute. Are you telling me that the State Department of Environmental Protection developed these riparian lines? MR. BADAMTCHI~N: Basically, they go to the center of the channel. They find the point and they draw lines going to the property lines. It's not the extension of the property lines itself. COMMISSIONER THOMAS: And I can tell it's not the extension of the property. That's why I'm asking the question. But the reason why I'm asking the question this way is if we use the normal riparian line scenario, there would be no way that you can build a dock here. But the State DEP developed these riparian lines. Page 8 16G 2 August 21, 1997 M~. BADAMTCHIAN: Yes. COMMISSIONER THOMAS: And what was their rationale for doing that? MR. BADAMTCHIAN: I don't know what was the rationale. Probably they tried to give some water frontage for everybody. COMMISSIONER THOMAS: Have they approved this petition for a boatdock? MR. BADAMTCHIAN: Yes. The DEP has approved it. COMMISSIONER THOMAS: Oh, DEP has approved it. MR. BADAMTCHIAN: Yes. CHAIRMAN DAVIS: Okay. Any other questions of staff? MR. BADAMTCHIAN: I have a -- CHAIRMAN DAVIS: Presentation -- MR. BADAMTCHIAN: I'm sorry. CHAIRMAN DAVIS: Did you have something else? MR. BADAMTCHIAN: I have a letter from the DEP supporting this boatdock extension request. COMMISSIONER THOMAS: Say again? MR. BADAMTCHIAN: I have a letter from the DEP supporting this request. COMMISSIONER THOMAS: Okay. CHAIRMAN DAVIS: Out of curiosity, are you familiar with the criteria under which the DEP evaluates the request? MR. BADAMTCHIAN: No, I'm not. CHAIRMAN DAVIS: Okay. COMMISSIONER THOMAS: Is -- is -- either one of these letters deal with that? MR. BADAMTCHIA~;: That -- yeah. That's -- that's the one that I w~s-talking to you about. CI{AIP/qAN DAVIS: Would the petitioner like to make a presentation? MR. SCOFIELD: Yes. Good morning. Miles Scofield'for -- representing Jim and Ellie Hughes. I -- I'd like -- I'll start out by showing you the location of where the dock is and then I want to give you a brief history of -- of this case. It's a little bit unusual. Is this on? CHAIRMAN DAVIS: Yes. MR. SCOFIELD: This -- this is the -- of course, the aerial map of Isles of Capri. This is Pompano Bay right here and you can see the red line here. That represents the proposed dock and how far it will entend out into Pompano Bay. There is a dock that was approved, I believe, a year ago or whenever -- in that time frame. It's right here. It's 130 feet out. The staff did recommend approval on that one. They didn't on ours. I'm not exactly sure why but this is the other one that was approved withi~ a year. This is the area here, Pelican Street. This shows you the Pompano Bay area in relationship to the streets here and how far out Page 9 16G 2 August 21, 1997 it extends. This is a blowup of it and you'll see this line here. This represents the mangrove line that's there. This land, and you'll see in your handout, is accreted land. Originally this was supposed to have been dredged. The property lines here were supposed to have been seawalled. They weren't. This land has accreted out. The Hughes -- the Hughes own these two lots here. They have acquired title to the land out to the mean high waterline. They pay taxes on that. That is their property now out to this line here. Actually, the mean high waterline, which is just inside of this mangrove line. The -- the letter from the state, that it was handed -- we received -- that was sent out August 15th, explains briefly about this area and I think you all have copies of that letter dated August 15th from the DEP? COMMISSIONER THOMAS: From a James Hughes? MR. SCOFIELD: That's correct. The second paragraph explains a little bit of the history right there so I'm not going to spend time reading through that but it tells that the extreme low tides go out to 130 feet. It tells you a little bit about the shoaling, that the area was supposed to have been dredged originally and was not. On Page 2 of that letter, I just wanted to read one thing here. If, they say -- it says, your project at its current permitted location is at its minimum distance from the shoreline allowable to meet the water depth requirements and at its maximum distance allowable waterward to meet the consent of use -- that's by the DEP -- the follewing is a brief summary. And you have that there. - This meaning the dock is at its -- is at its minimum point to reach the required depths, it's still at extreme low tides, we have a problem there getting on and off, but the configuration that we have will allow them to utilize this dock arid boat lift most of the time. It's a boat lift on the end of the dock. The boat lift actually ends -- the dock ends ten feet -- 12, 12 -- eight feet from the boat lift. They have a deck boat. The boat will be pulled in, bow towards the shoreline. They will step off of the bow onto a little two-foot T dock on the end. So, the dock is only four feet wide, very minimum requirements. That's also required by the state. They only have a four-foot dock and little two-foot wide T dock on the end of this. So, the only way on .and off of that is by their boat. The -- the Hughes have be_en going through this since about 1991 trying to get a dock onto their property. We've run up against a lot of problems along the way. Obviously, Corps and DEP took awhile to permit. The Hughes approached me, I believe, maybe a couple of years ago to look at this. They had a petition in that was to be heard November o~ ka~t year. That petition was not heard. We -- I requested it be withdrawn because of the opposition at the time. I came onto the case and I wanted to address the concerns of the Page August 21, 1997 letters and the people in Isles of Capri that were against it. So, that process went on -- actually, it started way before the hearing and I -- we were talking with the people in Isles of Capri. And I'm sure you'll hear from some of those people today. Originally, the Hughes wanted to put in a dock there. It was -- a lot of people neighboring there did not want that, so the ideas were brought up when I met with some of the people on Isles of Capri to put a coum~unal -- a common docking facility there, meaning that we could have a single walkway going out for all these people in this corner and maybe seven or eight boat slips on this dock. It's a good idea. I thought this -- we thought maybe the state would buy it, too, because it was a minimal impact on the sea grass beds and the shallow areas going out. The -- so, I pursued this a little bit with the state. The state was not too willing to hear this. They said it would take a literal act of Congress to grant this from the governor and the cabinet. This being single-family lots and putting in a common docking facility such as a condominium, which is commercial property, would take a lot of changes at the state level and the -- ultimately, approval from the governor and the cabinet. They said, you know, you're looking at a long process obviously with engineering firms and lawyers. It would take a lot of money to do that, too. That scenario for lack of interest of the people in Isles of Capri died out because it would take a lot of money and a lot of time. So, the next go around was -- and I was particularly talking to -- with -- with Mr. Huegel, who I know represented some of the homeowners do~ there around this lot. -And Ed -- Ed came up with the idea, which, you know, these are both great ideas, ~ud I think they're -- you know, they -- they would work, but in today's environment they don't, and that was to dredge a canal back through that, originally where it was supposed to be, along the original platted lines, riprap the sides, people could have their docks right by their -- by their homes, which would be nice. Well, if you're at all familiar with dredging and state lands, this is a thing that's almost taboo today. These are state lands. They weren't dredged. They belong to the state. And environment has accreted out there. You have shallow areas, you have grasses, you have mangroves in front of here. It would be almost impossible to get a dredging permit to go in there and do that at this time. Twenty years ago, 25 years ago, it could have been done. Impossible these days. And that would also be probably -- you might have a four-to-five-year fight at the state level and not even win to do something like that, again costing a lot of money. Interest for that died out. People weren°t willing to, from what L saw, come to the table, put up money and spend that time. So. now we came ful~l circle back to why we're here today and that is to put in the HUghes' dock as is proposed here. Basically, the Hughes have spent a lot of time in trying to do Page 11 August 21, 1997 the right thing on the property. We've -- we've come -- well, we've come this far and we're requesting that you approve this dock as it is. Now, they have two lots there. The riparian lines, as you can see, these were -- I must state they're within their riparian lines. They own two lots there. The state has -- excuse me. Staff has said it's -- may interfere with other people building docks. This dock is not going to interfere with anybody building other docks there, that their riparian lines may interfere with them being able to build a dock, getting it out far enough. COMMISSIONER THOMAS: Are you suggesting that if you only own one lot in that particular corner, there's no way to get a riparian' line that's going to be wide enough, far enough out to put a dock in? MR. SCOFIELD: It may on -- where the sand -- where the sandbar comes back in on this side, you may be able to get far enough out one, maybe on where 79 is, but it's very questionable. It's very shallow and they're probably -- probably not in that scenario with a single lot. It -- it would be very questionable. But eack case -- COMMISSIONER THOMAS: Definitely not for 80 and 81 -- 80, 81 and 82. MR. SCOFIELD: That's correct. Probably would not have enough water depth to be within the riparian lines there. COMMISSIONER THOMAS: How about 86 and 87? MR. SCOFIELD: However -- pardon me? COMMISSIONER THOMAS: How about 86 and 87? MR. SCOFIELD: That's questionable. -COMMISSIONER THOMAS: Okay. MR. SCOFIELD: it's -- it's -- it's right on the edge. The -- tile state grants consent of uses to use state lands and that's what they've gone ~hrough. Another argument that did come up when we're going through all this was, well -- some people said, well, if we're -- if we're assured we can build a boatdock there, then we won't object to this one. There's no assurance. The state -- everybody individually has to apply to the state, therefore, shooing the co~tunal docking system out. Each case has to be taken by the state and Corps of Engineers individually, so tkere's no assurance to that. They can with rights of neighbors and some -- some maneuvering there with the state and county, there possibly could -- you know, fudge on the over -- your riparian lines with consent of neighbors through the state. So, that's a possibility. COMMISSIONER THOMAS: ~e other question I have, between that -- you call it a n~ngrove line, you -- you -- you call it a mangrove line. How much water depth do I have between the mangrove line and the end of the -- and the end of the dock? HR. SCOFIELD: How far out? COM~/SSIONER THOMAS: How much water depth do I have out there? How -- how does the water drop off? Page 12 August 21, 1997 MR. SCOFIELD: Do you have the profile in your packet? COMMISSIONER YORK: Yes. CHAIRMAN DAVIS: Yes, we do. MR. SCOFIELD: At low tides, you go out almost a hundred feet before you get into some water. COMMISSIONER THOMAS: Okay. MR. SCOFIELD: Is that showing up clearly? COMMISSIONER THOMAS: Yeah, I see it. MR. SCOFIELD: Is that showing on there? COMMISSIONER THOMAS: I see it. MR. SCOFIELD: And we're -- and we're at very minimal depths there where the -- at the end of the dock. COMMISSIONER THOMAS: You go -- it looks like you're going about 128 feet out of solid dirt during low tide. MR. SCOFIELD: Well, yeah. Those -- those are tide -- that's a tidal area. COMMISSIONER THOMAS: Yeah. Okay. CHAIRMAN DAVIS: Question by Mr. York, and then Mr. Nelson. COMMISSIONER YORK: Mr. Scofield, on the -- on the land that has accreted, you know the -- where the -- the state that that's -- that's grown with grasses and mangroves, approximately how high is the vegetation in there? MR. SCOFIELD: The mangroves -- COMMISSIONER YORK: Yes. MR. SCOFIELD: -- in that area? What is the mangroves -- six to -- UNIDENTIFIED SPEAKER: Six to eight feet. MR. SCOFIELD: Six to eight -- six to eight feet. COMMISSIONER YORK: ~other question. From looking at the -- at the plat for the lots there and the riparian lines, from Lot 79, could you see Lot 87? }~. SCOFIELD: Can you see across to it? COMMISSIONER YORK: Could you see -- MR. SCOFiELD: Not -- not with a lot of the vegetation that is there. There is upland vegetation behind the mangroves which consist of cabbage palms and -- and other things, too. COMMISSIONER YORK: There -- you -- from Lot 79, you can't really look at Lot 87. ,MR. SCOFIELD: With the vegetation that's grown up in the back there, can you see a clear shot across -- ~{IDENTIFIED SPEAKER: What they're asking, is from here across to here, can you see that line? MR. SCOFIELD: You can see across there. It's in back of the mangroves. There is vegetation further inland from that that extends up higher, but I guess in the area -- some areas you can see across. COM}~ISSIONER YORK: Thank you. CHAIRMAN DAVIS: Mr. Nelson. COMMISSIO}~R THOMAS: But that's behind the mangroves. MR. SCOFIELD: That's behind the mangroves. COMMISSIONER NELSON: I only wanted, since I was -- I was there Page 13 16G 2 August 21, 1997 and looked, to clarify or clear some letters of this. Do you see this spot that's white right here? That's the part that sticks out at low tide but at high tide that's all water. The water goes all the way back to the vegetation at high tide. At low tide it's going to be over, you know, dry dock but at high tide, it's going to be -- it's going to look like -- HR. SCOFIELD: But it's also going to look like it just bends out into Pompano Bay and those other houses you see right around, look behind you. CHAIRMAN DAVIS: All right. MR. SCOFIELD: Let me -- I -- I wanted to -- I did want to address the environmental issues because, basically, most of these petitions does come down to -- to, you know, blocking someone's view. That's -- you know, in my experience, that's what 99 percent of these things are. The environmental issues have all been answered by the -- the environmental staff of the county has recommended approval of this project. It meets all the requirements lined out in the county. It also meets the manatee protection plans of the state, the DEP, preserving tke grass beds, the elevated walkway, so, all those concerns and the Army Corps of Engineers has been met. So, we -- we come down to, you know, blocking a view. Now, we do have a map, if you'd like to see it, that the owner drew out showing the adjacent docks around this area in relationship to this proposed dock, if you care to see that map. CHAIP/~AN DAVIS: We would. ~R. SCOFIELD: The -- okay. As you -- as you can see here, here's our proposed dock. Now, this dotted line here is the sandbar. The-sandbar extends out and it comes back in to this area right back in here. Lot 78 has a dock into this area, this little cove where the sandbar comes back in. I believe -- well, he -- this is encroaching over. I'm not sure exactly how that dock was -- was built, constructed on that parcel. I don't know if they have permission from 79 or not but it extends over a little bit. But this is a cove back in here. These are the other docks in the area. The sandbar, as you can see the dotted line, comes back out and these docks extend beyond there. And these are the docks on the opposite side of Pompano Bay and the docks over here. So, is when you're asking about the view from this lot over here, of course they're going to see the dock. I mean, the dock is only four feet wide. It's on -- it's being built on a -- on single piles on the walkway going out. So it's not -- it's a very minimal structure. If there's any other questions, I'd -- I'll answer them at this time and -- CHAIR/4AN DAVIS: Any other questions of Mr. Scofield? C(kMI~ISSIONER THOMAS: I want to ask a question of staff. This photograph here was taken from what perspective? MR. BA/DAMTCHIAN: One of the neighbor -- one of the neighbors Page 14 16G 2' August 21, 1997 send this to me. COM~4ISSIONER THO¥~S: It looks like it was taken from like 79 to 78 or 80. MP,. BADA~CHI~: It's 76. COMMISSIONER THOMAS: Seventy-six. That's way up here. Okay. MR. BAD~4TCHIAN: You can see the sandbar. COMMISSIONER THOMAS: Okay. MR. YOVANOVICH: Mr. Chairman, if I may, I'd just like to make a couple of brief comments and then -- CHAIRMAN DAVIS: Your name for the record. MR. YOV~NOVICH: Oh, for the record, Richard Yovanovich with the law firm of Roetzel and Andress representing Jim and Ellie Hughes. I just want to make a few brief comments and then I'd like to reserve my comments for after all the other public speakers. I just want to make sure that all -- everything that's been talked about has entered into the record and is -- is part of the record at this time. And we'd like to also enter into the record a petition signed by surrounding property owners along with a map color coded to show you who has approved or consented to this boatdock petition and who kasn't. The red is the letters of objection that we have heard about from county staff. The green is people who have been contacted and signed the petition or sent letters of support in favor of the petition, so I'd like to enter these into the record at this point. CHAIRMAN DAVIS: I'd like to see that. MR. YOVANOVICH: Now, obviously there are less names on the petJ. tion than are on the -- than are on the map, so the letters of -- of no objection have been given to staff. - And I -- do you have a copy of the petition? MR. BADAMTCHIAN: I have three letters. No, I don't have a petition. MR. YOVANOVICH: Okay. I'll give -- we have a copy for you, Chahram. CHAIRMAN DAVIS: Mr. Yovanovich, as -- as -- as you and I know. the -- how many people's names are on a petition -- MR. YOVANOVICH: No. I know. I just want to -- CHAIRMAN DAVIS: No, no. Wait a minute. Not -- are not part of the criteria. Would you -- Right. Would you be expressing that this would relate MR. YOVANOVICH: CHAIRMAN DAVIS: to the view issue -- MR. YOVANOVICH: CHAIRMAN DAVIS: MR. YOVANOVICH: Cq{AIRMAN DAVIS: MR. YOVA/qOViCH: A view issue. -- and people's concern of it? Absolutely. Okay. That people are not concerned about the vie~. it's not a popularity contest. I understand t/lat. It's just further eviclence that they're not concerned about ~he view. Cq~A_I~ DAVIS: Okay. MR. YOVANOVICH: And, finally, for the -- for the record, there's Page 15 16G 2 August 21, 1997 CHAIRMAN DAVIS: MR. YOVANOVICH: CHAIRMAN DAVIS: reporter. MR. YOVANOVICH: a cody of their most recent proposed tax bill showing that they do own and pay taxes to the mean high water line. So, they are waterfront because that was an issue raised by some people. Okay. If I could -- If you could, just give it to the court That's all I have for -- for right now. CHAIRMAN DAVIS: Thank you. This is a public hearing and anyone else that would like to speak on this petition, please come forward to the microphone, and, if you would, state your name for the record, and if -- if you could tell us where you are, what lot you're on in conjunction with the petition? MS. MILLER: My name is Cindy Miller. I'm on Lot 77. I jumped up to speak first because I have pictures. Mr. -- Mr. and Mrs. Hughes does have their boat in the water at the mangroves and I understand with the state giving them their patennial (sic) rights, that -- that all these lots back here -- CHAIRMAN DAVIS: Ma'am, there's a microphone to your left there that you can pick up and use. That way everyone will be able to hear you. MS. MILLER: I live right here. I have neighbors here with a home. There's an empty lot here. There's a home here and a home here. Next to mine is another empty lot, another home, another empty lot. All these people back here that have purchased off of -- why they say that's Perch Avenue, that's Dolphin Circle. COMMISSIONER THOMAS: Pelican Street? - MS. MILLER: This is Dolphin Circle. Mi{. YOV~OVICH: Yes, it is. MS. MILLER: Okay. All these -- we -- we, as waterfront owners, if -- if they could get their state rights to the water, we certainly would want them to get to the water on their boats. And as far as I'm concerned, the state has issued that to them ~d the state should find a way for them to keep their boats there and use them 24 hours a day. As far as the county zoning giving any kind of an extension that would run almost a pier out into the corner of our bay is just beside myself. I'll give you some pictures that you can see. We purchased our lot. My sister and I own a duplex on that lot and we purchased it several years aqo and we purchased it with the idea of having a nice place to retire in scme day and look out in our beautiful bay and the view. And I am going to express v%ew. I have these pictures in order. I have them labeled. I have spoken to several people on our street. Several of them have sent let%ers in. We're very, very, very serious about our property values. We've all purchased there for a reason. We like the sandbar. It's a natural, beautiful thing. Page 16 16G 2_' August 21, 1997 We all have sand problems. As you can see at my dock, I have a sand problem. The next door dock has a sand problem. All the way down the bay on Pelican Street has sand problems. In the Civic Association Isles of Capri, they have talked about getting together to do some dredging or excavating or whatever you want to call it. It's the moving of sand. I just really think that the state, putting them to the water off of that other road, that they should take the responsibility of getting -- allowing them to dredge through the water, which there's a channel right in front of my dock that ends at Mr. Hufnagel's dock on the left of me, and I think that they should go ahead and allow them the permits to move that sand to allow for docks along the outside of those mangroves. And I really have nothing else to say. CHAIRMAN DAVIS: Thank you for coming. MS. MILLER: I just hope that you represent us on Pelican Street on Pompano Bay in the best order. CHAIRMAN DAVIS: Thank you, ma'am. Yes, sir. COP~MISSIONER THOMAS: Oh, can I ask her a question? Ma'am, can you come back up a minute? I need to ask you a question. This is the Hughes' boat over here, this pontoon boat? MS. MILLER: Yes. COMMISSIONER THOMAS: Okay. CHAIRMAN DAVIS: Thank you. Sir, if I could remind you to state your name for the record and spell your last name. -MR. h~3EGEL: My name is Ed Huegel, H-u-e-g-e-1. I own Lot 87. Eventually I'm going to build a home on it. I now live on Isles of Capri and my daughter and my son also live on Isles of Capri. My son lives on Lot Number 81 that I've purchased from Ellie's brother. And my daughter lives on Lot 80. And I feel as if the Hughes want a dock, I don't have an objection to it, but if you're going to issue a dock permit to them for this particular thing, then I think everybody on the bay should be allowed to have one, you know, in a -- in a situation that you guys say, okay, you can have it. But then my son has a boat. My daughter has a boat. I probably won't have one. I've had enough of them and I'm finished with it. But I object to the form in which this is being presented and I've spoken to Rocky about this. And my_ proposal is to say possibly if we could get the county government, our commissioners, to get behind us with the help of you folks and go to the state and say we have a ~ulique situation which, as you can see, I've got a few of these if you'd like. It's the same as what Rocky has and what the Hughes have. CHAIR/4AN DAVIS: Yes, sir. We have a copy of that. MR. HI3EGEL: Okay. I would propose that if we went to the county goverrnm~mt aru~ just said, gentlemen, we'd like to try to get an excavation. Let's not dredge it. Let's excavate it. And get it Page 17 August 21, 1997 behind the island, leave the island there, everybody then on -- on Pelican and eve~tbody on Dolphin Circle would have the advantage of this particular channel that would be put in there. The water would freshen up. Cindy wouldn't have as much problem with sand in her -- in her backyard. The water would flow and flush out and be cleaner for everybody. And just as another proposal -- I don't know if this would fly -- but could there be a bond issue by the county? They do it for sewer. They do it for water. They do it for things, et cetera. Could a bond issue be floated that would take care of that ditch for the ten -- I think there's ten lots that are there and I -- I think a very strong possibility is that the people that live there would go along with something like that rather than the -- the dock that Ellie and Jim have proposed. I object to the dock, the way it's proposed, because, as I said, I'm going to build on that lot. Do I have the right to put a dock out there? If I put a dock out there, we're going to end up with a pressure treated lumber yard in the back-yard if all these other folks decide to build docks, too, and they should have the right as well as -- as Ellie and Jim. And I really don't have anything else to say. CHAIRMAN DAVIS: Thank you, Mr. Huegel. MR. HUEGEL: Thank you. CHAIRMAN DAVIS: Yes, sir. Whoever would like to come up next, please do. if -- if the next speaker would like to maybe get on up around the podium, that should save us some time. -Yes, sir. MR. SEDL~EIR: My name is Alexander Sedlmeir. My -- I spell my last name; S-e-d-l-m-e-i-r. I o~ Lot Number 89 and I'm against it. They're near neighbors and it's hard to talk against them but I think if they get the permi~ for building with such a big structure in bad area and where's -- where's the danger of more people building a similar dockage, it looks like. It looks awful. This is a really nice nature zone where it's mangroves. We keep it like in six feet height. We may cut it down. And there's a lot of fish where -- there's a really laid back area. It would change the whole feature of Wet Bay. And I'm talking about against it. There's a lot of bad blood in -- in that neighborhood. Some people told me this morning it wouldn't be wise to talk against it because my dock might be not have a permit but are required or I have cut down some mangroves. And I find it quite offensive to put -- put pressure on me not talking about against it, so I still object to it with -- with whole thing because I think it's -- it's quite a huge obj ec t. I mean, look at how big our lots are and how far with whole dockage goes out into Wet Bay. I mean it's -- it's almost double the size of the land, that property they own. It's -- it had a -- has a Page 18 16G 2.' August 21, 1997 huge impact on this whole area. I bought the property. I like the area and this thing is what going to change it to a very negative. I mean, it's -- it's a nice area and I t~, to keep it that way. Thank you. CHAIRMAN DAVIS: Thank you, sir. Yes, ma'am. MS. MIDDLEBROOK: Hi. My name is Susan Middlebrook and I'm the other half of my sister there that has the duplex on Lot 77° I'd like to say, first of all, that I'm very thankful and grateful for Ellie and Jim trying to do this dock out into the bay because it has brought forth an issue that's been a problem on Isles of Capri since the very beginning of time. We have shallow areas and it's true we are part of Rookery Bay, but I see this as a chance for all of us to pull together as a community and in a community spirit approach the state and try and get maintenance dredging on the island which is needed over the entire island except for like on Pelican Street. And some parts of Pelican Street have bay problems, too. So, I see this rather as a problem where it pulls everyone apart. It's an opportunity for us all to pull together as a community and work to solve this problem for everyone's benefit instead of for the benefit of a few or one and to the disgruntle of many. So, I look forward to working with them and working in the future and trying to do this as a community. CMAIP~W~N DAVIS: Thank you. Next° For -- as we're getting through the discussion here, I would just ask that you not be repetitive in your remarks to the previous speakers. Thank you. ~fR. ZINSER: Hello. My name is Troy Zinser. I live at 58 Dolphin Circle. COMMISSIONER THOMAS: What lot number is that? UNIDENTIFIED SPEARKER: Ninety-two. MR. ZiNSER: Z-i-n-s-e-r. I've been here in front of this exact col~,~ission twice myself. I built a dock there. I had to go through all this. I built a house on Keewaydin island. Same thing. It's ve~, ve~t difficult to get these permits from everybody, including five hearings you have to go th~'ough the county in my case. All ~he people that have come uD here and spoke so far, if you've noticed, they keep saying, well, my dock, my dock. They've all got their dock. I've got a dock. I know the Hughes. They're not really that close to me as far as where they live, but I feel for th~ because of where they're at in buildin~ this dock. Every person that stood up here has said, well, I've got sand at my dock. I can't get out from my dock. Well, that's the problem. They've got their dock. The Hughes don't have a dock. They have waterfront property. I have waterfront property. They pay taxes on it. Page 19 16G 2 August 21, 1997 The actual visual part of this dock, the way I see it, that you're going to see from any view from these people we're talking about, because the mangroves are going to hide half of it, the dock is only going to be about 65, 70 feet long that they can see. That's a little longer than.this room. That's really not a big dock. It'.s not, even.going to. be four feet wide because the county wiI~ no[ ~llow ~hem to~.-- or the state will not allow them to build a waI~way more than four feet. Mine, they let me build four feet wide. I guess they told them 39 inches. Thirty-nine inches. It's this wide. That's all it is. It's just a walkway out. This isn't a big pier as these guys keep saying. It's not a pier. It's a little walkway to a dock. I get aggravated because these people have their dock and they're just -- they've got theirs. They don't want to let anybody have theirs. Square feet wise, there are much bigger docks in that bay, probably mine, compared to what theirs is going to be. The dock that they're proposing to build, they're -- they're not proposing to build a dock that large because they want one. It's because they have to. That's very expensive to do that. The square footage of dock that they're actually going to have is -- is a lot -- the dock part that they need is much smaller than anybody else that they have on that bay. I mean, the state will not let them do it that way. I guess -- I guess what I'm saying is, if you -- if you tell these guys no, that they can't have their dock, they're never going to have a dock there, i mean, they're trying to do it with what the state's telling them to do. They're trying to do it within the guidelines to make it obviously useable to them but yet feasible to eve~Tbody to look at and deal with. I realize these other people have docks, but nobody stepped forward. I mean, everybody else that comes in there can -- can do the same thing. The state's not ever going to let them dredge that out. They're not going to let them excavate it. They're not going to do anything. I mean, the state won't let you do anything with that property. I know that. I've been dealing with those people for seven years. It's not going to happen. These people are -- if they have to build a dock this way, they're never going to have a dock. Now, somebody that comes in after them wants to build a dock, too, is going to have to go through the same thing and they're going to have to change the configuration to their dock to match what the state wants. By you guys saying no, these guys will never have a dock. And I just don't think that's right. And as far as these people up here complaining, they've already got their dock. That's all I have to say. Thanks. CHAIRMAN DAVIS: Thank you. M~s, ma'am. MS. MI)ORE: I'm Joanne Moore. I live in Lot 58 and directly opposite the dock that you're talking about. I live right here. Page 20 16G 2_ August 21, 1997 As you can see, this dock is going to absolutely cover my entire home. I will have nothing but lights, white, everything that that -- that dock has I'm going to have to look at. I came to Isles of Capri in 1957 and it was a beautiful, beautiful bay, and those people put in -- we all have problems with sand, with silting. It's natural. It's part of the waterfront. But those who came in put in seawalls and those seawalls slowed down the silting. Nothing was done over in front of that area and you'll see that it has built up into an island and it has created a problem. I understand that. But I object to a dock that length going out almost one-third into the bay and blocking so many homes. The configuration of the lots there was poor planning in the first place and created this problem, but on the other hand, those people who have lived here and have -- have enjoyed the bay in its quiet peaceful manner shouldn't have to now conduct their lives looking at some man-made structure. Second, I want to say that DEP wanted -- we went to them and talked to th~m when they were providing the -- the consent for this area. They are using it as an experiment to overcome this original problem of poor design in lots. Second, the boat lift with the T is what is now being planned but once it's there, it could be made into more dockage and a communal dock should not be owned by one person. I think that's creating more problems of control of -- there may be a monetary interest in -- in all of this. If Hughes has wasted a lot of his time and money, so have the other people on this bay. The mangroves that stand behind the island, the silted over area, wer~ all cut ,~bout two to three years ago. The county allowed them to cut it down to a certain height and then they took that away from them, but those were all filled in with mangroves. The letter of support shown by the lawyer here with green, if you will note, a majority of them were inland lots that don't have water access and they would be prone to accept something like this because in the future they, too, might be able to share waterfront property -- not property, waterfront access. I believe that this board should think about the people who -- who have bought lots who have used their property in one specific area. I don't -- I don't disagree that the man shouldn't be allowed his waterfront rights, but I disagree with him taking out his rights to the detriment of others. CHAIRMAN DAVIS: Thank you. Yes, sir. MR. COHAN: Good morning. ~ name is Steven Cohan. I live at 50 Dolphin Circle. That is at this point here. Since it's not marked, it would be Lot 95, I believe. I'm sorry. I don't -- I haven't looked at my tax records recently. MR. SCOFIELD: It's on the low map right there, the long one. MR. COHAN: I see. Page 21 16G'2 August 21, 1997 I just came fo~ard to -- I thought it was right that I should come and stand forward for Jim Hughes at this time around. The last time this issue came up and they never got this far. I have to admit I was swayed by rumor and innuendo about how this communal dock that was given to you in the history before was supposed to be used. And some of the rumor and innuendo I heard quite honestly upset me, that it would be used commercially, that some of the people who were going to be using it had a commercial marine business and I could see a large problem coming. But I've known Jim for awhile now and I find him to be a man of fine character. And he assures me that he is not going to be allowing someone else to use this dock for slippage or something else that, quite honestly, a four-foot wide dock, single piling, T'd at the end, I don't see how you could rent it to some -- how you're going to bridge something else off. I just want to come forward for him and say at this time that I find no objections at all to it and I really think that since there's no way in hell that I could see you're ever going to get the state to allow us to dredge that area. And I have a large problem with silting myself and have got a large beach building up on my side. I already know the state's never going to give me permission to -- you know, to even blow that out of there at all. We're part of Rookery Bay estuary. There's nothing we can do about that and, therefore, I think you should grant him his petition, you know, to build this dock. And that's all I have to say. Good morning, gentlemen. CHAI~VJkN DAVIS: Thank you, sir. - Is there anyone else from the public to speak? Would the petitioner like to add anything in closing? bHq. YOV~NOVICH: Just real briefly. Basically, we're here because we've gotten all of our state permits. We've done all we can. We've talked to the co~,~L,unity. We tried the communal dock approach first. We couldn't get DEP to go along with :hat. We're -- we're still willing to go along with that concept in the future if -- if the state will allow that, but at this point, we've done all we can. We have our -- our client has -- COMMISSIONER THOMAS: You're talking about a communal dock? MR. YOVA2;OVICH: No. Ours is not a communal dock right now. COMMISSIONER THOMAS: I'm trying to figure out where you're going. You said if the state changes their mind later on. Is tha~ on the comm~ai dock? MR. YOV~NOVICH: Yes. If they -- COMMISSIONER THOMAS: Okay. MR. YOVANOVICH: If they change their mind on a commuiual dock or change their mind on dredging, we are willing to allow others to -- we ~ill consent to this dock becoming a, quote, a communal dock if the state will go along with that, provided everybody pays their proportionate share of the construction costs that Mr. al~d Mrs. Hughes Page 22 16G August 21, 1997 put into that. So, we're -- we're willing to do that, but right now we don't have any hope for that to occur, but if that does occur, we're willing to go along with that. The dock is the minimum necessary to get to deed water. It has no environmental impacts. Both the state and county staff have said there's no environmental impact. There's absolutely no impact on navigation, so there's no safety issues. All this talk about property value impact is, you know, purely speculative. Who knows what's going to happen to property values? I would propose that if other people would go to the state and get the accreted land, that their property values would increase. Staff recommendation on the community dock obviously can't occur. We've -- we've tried that. It's -- it's not going to work. The same people complaining today complained about the community dock so I'm sure we're going to be back in the same position on the co~,~,~unity dock issue. The people who originally wanted the community dock no longer want the community dock. They're not here advocating a community dock. I think that's important, that they basically have said we don't want the community dock and the people most likely to be impacted in that cove have consented to this dock as not impacting their view and have no objection to it. Everybody recognizes that they do have riparian rights. They have the right to use the water. This is the minimum impact necessary to get to water that they can use. And as a final note, Mrs. Moore was talking about this is somehow going to be a community dock after it's permitted. Keep in mind that there's only one -- you can't tie it to the side of this dock because there's no water to the side of this dock. There's only one place a boat can go and that's at the end of the dock. We would -- we request that you approve this dock petition because it's -- it's in keeping with the rights of the property owner not impacting other people. CF~IRMAN DAVIS: Thank you. I'll close the public hearing. Mr. Tho~s, you have a question. COMMISSIONER THOF~S: Just one question. I'd like to know about how far is it from the point where Lot 95 is that gentleman spoke and across the water from him, the mouth of tha~ bay. Anybody have any idea? MR. MULHERE: There's a scale right there. COMMISSIONER THOMAS: Oh, that aerial over there? MR. SCOFIELD: What's the question? CO~MISSIONER THOMAS: About how wide is the mouth o~ that bay right there? MR. SCOFIELD: That's a 200 scale. MR. BADAHTCEIAN: Four to -- MR. SCOFIELD: Four to 500. COMMISSIONER THOMAS: Four to 500 feet. Page 23 16G 2 August 21, 1997 CHAIRMAN DAVIS: Okay. ~y other questions? Mr. Nelson. COMMISSIONER NELSON: Yeah. I -- I think this is a complicated one and what bothers me is that I hate to see us do the wrong thing because we've heard that the right thing can't be done. When Mrs. Miller got up and indicated that if we could simply dredge an area around in front of all those properties, everybody would have what they want. We wouldn't have to have boatdocks sticking way out. But there is a reasonable, this factor, you know, in terms of these people have property where they have had sand deposited to an unreasonable extent in front of their property, but if it were -- COMMISSIONER THOMAS: It is to be deposited. COMMISSIONER NELSON: -- but if it were going to be out there another hundred feet, if they simply were that unlucky, would we allow them to build the dock out 220 feet or 30 feet in order to get to water? There's no question they need to build it out this far to get to water, but is it reasonable to let people build a dock of any length necessary to get to water? It doesn't seem so to me, especially when they could -- when somehow, maybe with our help, get sand cleared out in front of all of those corner properties and not destroy the whole bay which is the -- my last point. If in fact we approve this, everyone in that whole corner is going to want at some point to get out to the water also. And then we're going to have a bay with just nothing but finger piers sticking out the whole end and I don't -- I don't think that's -- I don't think that's a step forward. That's a step back. -CHAIRMAN DAVIS: Okay. We're going to need a motion on this. Mr. Thomas. COb[MISSIONER THOMAS: I make a motion that we approve the dock as presented. COMMISSIONER OATES: Second. CHAIP~4AN DAVIS: A motion by Mr. Thomas, seconded by Mr. Oates. Is there a discussion on the motion? (No response.) I'm not going glo support the motion. I tend to agree with what Mr. Nelson had to say. It's -- it's my opinion that staff recommended denial in their expert opinion because of conflicts with criteria seven and nine, and I have to say I've heard no testimony today to refute either one of those. Any other discussion? COMMISSIONER YO~: I just have a comment. My -- my concern is that, number one, it goes out a long way; number two, that -- that -- that in addition to the pier being out there, there's going to be that boat sticking up out of the water, so I can't support the motion. CHAIRMAN DAVIS: I think we probably better do a -- I'm sorry. Mr. Thomas. COK~%ISSIONER THOMAS: The reason why I support this petition is very simple. DEP, Corps of Engineers, our own environmental staff Page 24 16G 2_. August 21, 1997 have looked at this thing, okay? We have a situation where you've got sand building up and sand building up and the pictures that some of the people brought up show that, you know, there's a boat sitting high and dz-y on the water. If you're concerned about an environmental situation, you don't want that boat being dragged up on -- on the grass beds and -- and that kind of issue. We're talking about a walkway, not -- it's hard for me to call it a dock when you've got a single line of pilings going out with a -- less th~n a four-foot walkway, going out to it just to give people access to a pontoon boat. You can't bring anything else up in that bay other th&n, at that particular location, than a pontoon boat. I think it's the most environmentally friendly way to give access to people. The petitioners are going out and purchased the land or somehow gotten the land from the state so that they can -- to even -- begin even to think about this, the state, DEP, has developed the riparian lines which is different than any I've ever seen come through here. And I just don't -- I have a real heartburn with us not allowing this, especially when you understand what -- the other docks that are around that -- that area. It just doesn't make sense to me why we would deny this. CHAIRMAN DAVIS: Mr. Bruet. CO~MISSIONER BRUET: Mr. Chairman, I agree with Commissioner Thomas. The petitioner seems to have done everything he can possibly do. He's still willing to talk about a community dock should there be one developed in the future. He's still willing to -- to make that offer. He's satisfied all of the state and Federal permitting recfu~irements. And I believe he has a right to build the dock. Because the sand is there and the state won't address the issue, I don't think he should be penalized for that. CHAI~4AN DAVIS: Any other comments? (No response.) CHAIP~ DAVIS: Let's take a roll call vote on this. ,Mr. Nelson? COMMISSIONER NELSON: Opposed. CHAIRMAN DAVIS: You're in favor of the motion. COMMISSIONER NELSON: No. I'm opposed to it. CHAIRMAN DAVIS: I'm sorry. The motion. COMI~ISSiONER THO~S: It's my motion. COmmiSSIOneR NELSON: I'm opposed to the motion to -- to approve. CHAIRMAN DAVIS: Thank you. Mr. Budd. COMiMISSIONER BUDD: COMMISSIONER BRUET: COMMISSIONER THOMAS: CHAIRMAN DAVIS: No. COMMISSIONER YORK: CO~]~frSSIONER OATES: COMMISSIONER PEDONE: NO. I'm in favor. Yes. NO. Yes. Yes. Page 25 16G 2 August 21, 1997 COMMISSIONER WRAGE: Yes. CHAIRMAN DAVIS: The vote was five to four so the motion passes. MR. MULHERE: Mr. Chairman, you might want to just let the public know that they have 30 days -- CHAIRMAN DAVIS: I'd advise the applicant that you should be aware that this dock petition may be appealed by an affected property owner within 14 days of this hearing and, therefore, the applicant proceed with any construction at their own risk during this period. Next up, Petition PDI-97-5. Mr. Nino. Once again, I would ask all those present to stand, raise your right hand so that the court reporter may swear you in. COMmiSSIONER THOMAS: Wave your hand if you're going to speak on this petition. Thank you. One, two, three, four, five. (The speakers were sworn.) CHAI~ DAVIS: Mr. Nino, this -- this seems to be pretty simple and straightforward. MR. NINO: It certainly is. CHAIRMAN DAVIS: I say -- I say that in great hopes of your brevity. MR. NINO: My brevity is that you have a purpose of a PDI is to allow an owner of property of a large -- of a PUD to recognize that perhaps there is a better design for their property and one that is consistent with all the criteria. ~nd staff has found that the changes that are effected by this plan bring -- bring about a consistency with all the criteria that are precedent to your approving a -- a redesign of a master plan for a PUD and we recommend your approval. CHAIRM~ DAVIS: Thank you so much. ~lestions of staff? COMMISSIONER THOMAS: None. C~%IRMAN DAVIS: Does the petitioner have anything to say? (No response.) Anyone else to speak on this petition? Seeing none, I'll close the public hearing. Motion? CO~MISSIONER YORK: Mr. Chairman, I move we forward PDI-97-5, that we approve it. CHAIRMAN DAVIS: That we approve it. COMMISSIONER YORK: Okay. I move for approval. COMMISSIO~ER THOMAS: Second. CHAIRMAN DAVIS: Motion by Mr. York, seconded by Mr. Thomas. Discussion on the motion? (No response.) CHAIRMAN DAVIS: All those in favor, signify by saying aye. O~posed? (No response.) CHAI~ DAVIS: That carries unanimously. Petition V-97-6. Mr. Bellows. All those -- I once again ask all those present here today that are going to speak on this petition to please stand, raise your right Page 26 16G 2 August 21, 1997 hand so that the court reporter may swear you in. COMMISSIONER THOMAS: Excuse me. Excuse me. Excuse me. Sir, are you going to speak, back there? Are you going to speak on this petition? CHAIPd~N DAVIS: Yes. If you think you may speak, please stand and be sworn in. (The speakers were sworn.) CHAIRMAN DAVIS: Thank you. Mr. Bellows. MR. BELLOWS: For the record, Ray Bellows, of current planning staff. COMMISSIONER OATES: Mr. Chairman, I have a question before we start. This reads here from 30 feet to 20 feet. Should it not be 25 feet to 15 feet? CO.~ISSIONER YORK: Well, it says so on the petition, 25 to 15. COMMISSIONER OATES: Well, I know, but how was it advertised? MP,. MULHERE: What; on the agenda? CHAIRMAN DAVIS: Yeah. There seems to be Some discrepancy between the petition and the agenda. MR. MULHERE: The resolution is correct. CHAIRMAN DAVIS: So, it would have been advertised correctly? MR. MULHERE: I believe so. D~IDENTIFIED SPEAKER: I've got the advertising here. CHAIRMAN DAVIS: Okay. MR. BELLOWS: Twenty-five feet. It was advertised correctly. CHAIR~U~ DAVIS: Th~nk you. And thank you for pointing that out, Mr. Oates. COM~ISSIONER THOMAS: Wait, wait, wait. The agenda that we have was-not the advertised agenda then. MR. BELLOWS: No. CHAIRF~N DAVIS: Oh, okay. COMMISSIONER THOMAS: Okay. MR. BELLOWS: The petitioner, Greg Carlisle, the contract purchaser is requesting a ten-foot variance from the required 25 foot rear setback to 15 feet to allow for the construction of a single family dwelling for property located within the Lely Barefoot Beach PUD. As you could see in the .-- on the zoning map, it's located on the west side of Bay Front Drive. It fronts on Little Hicko~ Bay. Lots 19 and 17 are both vacant and as you can see, it's in a wedge shape, irregularly shaped lot. The subject site is currently vacant and is irregularly shaped, such that a proposed dwelling cannot be reasonably placed so as to conform to the required setbacks. It should be noted that the subject site received a five-foot variance from the required 30-foot rear yard setback in 1996. However, the -- due to the irregular floor plan, the current property owner could not construct a dwelling. Subsequently, the contract purchaser is now requesting an additional ten feet, ten-foot variance, to place a more conventional Page 27 2 August 21, 1997 home that is similar to the other dwellings in this subdivision. It's staff's opinion that special conditions exist which are peculiar to the location and size of the characteristics of the land. The petitioner states that a home designed to accommodate the existing setback requirements would be inconsistent with the surrounding neighborhood and would require an irregular floor plan that would be impractical or unmarketable. Therefore, the petitioner is Only seeking the minim~m amount to allow the placement of a single-family dwelling of the footprint that's similar to other homes within the subdivision. Lastly, it's staff's opinion that the granting of this variance will not be in keeping with the general trend of the Land Development Code; however, it's unlikely that any detriment will occur because the property where the rear setback is occurring fronts on Little Hickory Bay, which will not affect the circulation of light and air between the structures. Staff has received one letter in support. Therefore, based on the findings in the staff report, staff recommends that the Collier County Planning Commission forward Petition V-97-6 to the Board of County Commissioners with a recommendation for approval. MR. MULHERE: Just one point. Perhaps I missed it, Mr. Bellows. Did you discuss the fact that there was previously a variance? MR. BELLOWS: Yes MR. MULHERE: Okay. Because I thought they might be familiar with that. MI{. BELLOWS: Yeah. In 1996, it was Petition V-96-18 that was approved allowing a -- the variance or the current 25-foot setback. COMMISSIONER YORK: Right. A question on ~xhibit A. - Are the encroachments just on this side, this side right here and then where the pool and spa area is? Is that -- MR. BELLOWS: I have a color rendering here. Basically, the structure comes out this way. The closest point is 15.16 feet and this is where their main encroachment would be. There's a deck lanai up in this area. And the pool -- COMMISSIONER YORK: Probably where the kitchen -- MR. BF2LLOWS: -- is a base along -- the pool is not requesting the variance because that is an accessory structure. COM~iSSIONER THOMAS: Where the nook is. CHAIRMAN DAVIS: ~r. Bellows, you stated that the variance request is occurring where it fronts on Little Hickory Bay so on the sides adjacent to the two vacant lots, it would conform. MR. BELLOWS: That's correct. CHAIRMAN DAVIS: Okay. Any other questions of staff? (No response.) CHAIRMAN DAVIS: The petitioner, does he have a presentation? Mi{. WHITE: Yes, we do. My name is John White. I'm an attorney and I represent Greg Carlisle and Greg is the petitioner in -- as an agent, the owner, in this -- in this variance application. And Mr. Carlisle is respectfully recfuesting a variance so that we Page 28 August 21, 1997 could construct a more reasonably designed home for the particular site. The -- the restricted covenants for this subdivision provide for a minim~ square footage home of 2,200 square feet to be constructed. We initially did a -- a site plan design or footprint design for a 2200 square foot home to comply with the restrictions and -- within the footprint. And the -- the home, when it was designed with two stories over parking, had a similar appearance to a bat wing and it didn't have a whole lot of appeal other than as a good prop for the next Batman and Robin sequel, but we didn't think that the neighborhood would particularly appreciate a design like that. And, so, we had just passed out to you an elevation and a footprint that is what we're requesting for approval. And I think you'll agree it's more consistent with the homes that are designed in the surrounding neighborhood and should not visually detract from -- from any of the other homes and should be a detriment -- or a benefit to the community. Does everybody have a copy of that elevation and the footprint? CHAIRMAN DAVIS: Yes. MR. WHITE: Okay. You'll see that on the rear the variance encroachment is in the pool area and in the -- in the location of the backside of the home. I'm sorry. It's not in the pool. It's the actual part of the You don't want to lose any votes. house. COMMISSIONER ~OMAS: on. Just go C}~iRMAN DAVIS: Anything to wrap up? (No response.) CHAIRMA~N DAVIS: Okay. No questions. Thank you. Anyone else to speak on this petition today? Please come forward and state your name for the record. MR. FAGA: Yes, sir. My name is Antonio Faga. I'm an attorney in Naples representing Mr. and Mrs. Stevens who happen to own Lot Number 19. I guess I would start by indicating that I don't know whether Mr. Bellows went up and looked at the site, but Lot 19 has a house being built on it now. It should be completed in about four or five or six months, so it's well in line. And I've also been told that Lot 17 has now been sold, so -- COMMISSIONER THOMAS: Can I ask you a question? MR. FAGA: Yes, sir. COMMISSIONER THO!,~S: Lot 19, is it to the north or to the south of the subject property? ~fR. FAGA: South. COMMISSIONER THOMAS: South? Okay. Thank you. MR. FAGA: Yes, sir. I~ I could just have a minute, I'd like to go through the petition. NLuaber one, I don't think that's an accurate statement to -- it's my understanding that you can't buy your way into a hardship variance. So, when Mr. Johnson purchased this lot with a 30-foot Page 29 2 August 21, 1997 setback and you granted the 25-foot easement last year, Mr. Johnson basically took this lot as it existed. You granted a 25-foot easement, and I would submit to you that a plan was presented with a total living area of 2980 square feet at the time of the 25-foot setback. And that was adequate and commercially feasible as -- as it was presented to you at that time. Now, if that was inaccurate or it wasn't true, then that's another question for you to think about. As far as the commercial feasibility is concerned, nobody is certain who makes that determination. It's my understanding that marketability should not be an analysis -- part of the analysis relating to the hardship. It's also not true that it would not affect the character of the area. I think when you consider the 15-foot setback, your house size relative to your lot size is going to change dramatically. And everything I read about Port Royal and everything I read about Bay Colony, this is a very real issue in these newer developments where people are building homes far in excess of the original square footage requirement for a particular lot. I would also indicate that the cost of the lot and the ratio of the house to lot will change if you allow this variance because this house is, quote, more marketable or commercially feasible, the house to lot ratio would change because obviously this lot -- the market probably indicated that this lot was less expensive because of its irregular shape. The shape of the lot has not changed. You had granted the variance to five feet last year in order to accommodate Mr. Johnson and to accommodate this lot, and I think to push this envelope and giant the 15-foot variance, which is extremely close, and to tell you the truth, I'm not certain how that fits in with the FEMA requirements or whether it affects that or not but it certainly should be a consideration, and I would urge that you reject this application at this time. CHAIRMAN DAVIS: Thank you, sir. ~nyone else to speak on this appellate? Please. Please do. State your name for the record. FLR. CARLISLE: My name is Greg Carlisle. And in regards to the Stevens' attorney's comment on the square footage, if you look at the lot, the square footage of the lot, the -- granted, we will be encroaching 15 feet from the water line. It's an irregular shaped lot, so if you do figure the square foot -- per square footage -- per square footage, total square footage of the lot, it will probably be, and I can fiqure that for you if you'd like, but it would be in line with the home the Stevens has and actually it would probably even be more square footage left over after the home is put on there than there is a -- COMMISSIONER THOMAS: Are you saying to me that the -- the square foot -- r_he house square footage to lot square footage would be less on ¥oura than a neighboring house? MR. CARLISLE: Than the Stevens' home, yes, sir. Page 30 16G 2 Au~cfust 21, 1997 And, in addition, if you're looking at the site plan, the home -- the lot directly across the bay from this home is irregularly shaped on Lely Boulevard. And last year, I believe, or two years ago, there was a ten-foot variance granted on that property. So, that's all I have to say unless you have any questions. Thank you. CHAI~IAN DAVIS: Thank you. ~nyone else ~o speak? (No response.) Close the public hearing. Motion. CO~4MISSIONER THOMAS: Wait, wait, wait, wait, wait a minute. Come on. We're waiting on you, sir. CHAIRMAN DAVIS: Oh, I'm sorry. I'll reopen the public hearing for the last speaker. ~LR. GRANT: My name is Doug Grant. I live in Bay Front Gardens. I live on Lot 27. And my wife and I are against the variance. I'm also on the Board of Directors and I'm also on the Architectural Review Committee. And the Architectural Review Committee has never seen what you have in front of you. We've never been approached about the home that would go on here, nor about the variance. CHAIRMAN DAVIS: Thank you. Anyone else to speak very briefly? MR. WHITE: In summary, the elevations that you're looking at have not been submitted. Obviously, this is the variance application sa it's a little premature to submit it. But the home that is proposed is only 24 to 2500 square feet nu~ximum, which is si_c~ificant!y less than a number of the 'homes up ther~ so we're not pushing the envelope in terms of trying to hack the -- the size of the house onto a smaller lot. CHAIRMAN DAVIS: Thank you. I will close the p'~blic hearing once again. Is there a motion? Mr. Nelson? COM~ISSIONER NELSON: I don't have a motion yet but I have a comment. ~d Miss Student may want to clarify what I say since I'm only going on memory from some similar cases. I understand that the irregular shape of the lot does constitute a hardship even if the petitioner purchased this knowing the shape. But, second, I think the second part of that hardship has to do with whether there's ~ly reasonable use of the property based on that shade of the property; in other words, if there's a clear hardship because of the shade. And, second, if he -- if he can't achieve reasonable use, then you have a true full hardship and I don't think that's the case here. I think they could construct a reasonable house on that waterfront property and i can't support this. CHAI~ DAVIS: Mr. Thomas. CC~F~ISSIONER THOMAS: I make a motion that we recommend for al~proval of V-97-6 COMMISSIONER YORK: Second. Page 31 2 August 21, 1997 CHAIRMAN DAVIS: Motion by Mr. Thomas, seconded by Mr. York by a hair. Any discussion on the motion? Mr. Wrage. COM~4ISSIONE~R WRAGE: There's a lot of irregular shaped lots there. }{as there been other variances granted like this on an area that you know? CO~4ISSIONER THOMAS: about a year or two ago. ~R. BELLOWS: Yeah. this map. COMMISSIONER THOMAS: There was one across the water that we did There was one -- I believe it might show on I think it's across the water from -- COMMISSIOneR WRAGE: Typically, right across the bay, there's there's two more lots almost to the same shape. MR. BELLOWS: Yeah. I don't see the other variance on here. I believe there was on -- oh, there it is, right here. COMMISSIONER THOMAS: Right across the water. COMMISSIONER WRAGE: I guess I would suggest we're going to see lot of these. And I -- I certainly understand what they're trying to do and -- and, fortunately, I was not here if you gentlemen approved some there before. I c~n't support it because I -- I think you've set a precedent for a variance on just about every lot there it looks to me like. C~,IRMAN DAVIS: That may be. I -- I would just point out that we -- we've got a positive staff recommendation by Mr. Bellows who's been confirmed as an expert before this board many times before, and I've heard no competent substantial testimony today at the podium to the contrary. COMMISSIONER THOMAS: I see that this is compatible to the existing housing over there. COmmISSIONER BRUET: It's a fine display of a -- of a, you know, some excellent architecture and planning on a very, very poor lot. I think it's -- COMMISSIONER WRAGE: And I certainly -- CO~4ISSIONER BRUET: We should commend the owner that he's going to do a -- a structure that looks like that. CO'MMISSION~ WRAGE: I certainly don't have a problem with that. It's just that -- that I have a problem, with, I guess, a precedent of a whole neighborhood of variances. If you buy a lot, you're right, marketability is based on what the lot is. And then to come in for a variance, I -- I certainly commend them for what they're trying to do. I think it's a quality product. MR. BELLOWS: I'd just like to point out staff made its review based on the criteria contained in the staff report and the part of the Land Development Code about special conditions, circumstances. Basically, the wedge shaped lot was determined by staff as a special condition and it was also deemed so by this board for the original five-foot variance that was approved in '96. CHAIRMAN DAVIS: Okay. Any other discussion? Hearing none, I'll ask for a vote. Page 32 16G 2 August 21, 1997 All those in favor, signify by saying aye. Opposed? COMMISSIONER NELSON: Nay. COM~ISSIONER WR3kGE: Nay. CHAIRMAN DAVIS: It passes seven to two. COMMISSIOneR THOMAS: Seven to two, yeah. CHAIR/W3%N DAVIS: And that was Mr. Wrage and Mr. Nelson dissenting. These I'm going to keep for the record. If you would give those to her for the record? Thank you. All right. PUD-85-20(1). Mr. Milk. Once again, I'd ask all those present that are going to speak on this petition to please stand and raise your right hand so the court reporter may swear you in. COMMISSIONER THOMAS: One, two, three, four, five, six, seven. (The speakers were sworn.) CHAIRMAN DAVIS: Thank you, Mr. Milk. MR. MILK: Good morning, commissioners. For the record, my name is Brian Milk. I am presenting Petition PULP-85-29(1), the Naples Gateway PUD. This petition is really twofold in that the reason it's being brought before you is the criteria contained in the Land Development Code under Section 2.7.3.4 as it -- it's in regards to the sunsetting provisions for all approved P%~'s which in -- which development has not occurred in five years for 15 percent of that gross area of the PUD. So, that's why we're being brought fcrwar~ today. The other reason is that the petitioner has elected to rezone the PUD ~rom PUD to PUD and the real reasoning for that was it brings up ~ new style and for~t that we currently use today that we bring before these boards. The real essence of that is that all the disciplines in the county has re-reviewed the engineering, water management, environmental, landscaping, architectural design criteria for this PUI and it is now consistent with the -- all requirements of the Land Development Code. The petition is approximately 14.3 acres in size. it was approved in June of 1985 for a commercial activity center with a mix of commercial uses including some retail, fast food, gasoline service station, convenience, hotel-motel for the traveling and passerby traffic. This area of the interchange was noted in 1983 as a co~ercial mode. In 1989 it was designated as a commercial interchange activity center which at that point effectively provided site specific lots fo] the interchange activity center. This particular master plan does a couple of things. It provide: the preservation of the existing Cypress Preserve along the western p~oDerty boundary. It enhances that with the lake and water mana~e_m~_~t system contiguous to that. It provides for two points of inqress and egress at Pine Ridge Road. It provides a vehicular share~ Page 33 August 21, 1997 access with the property to the east that's currently undeveloped on zone also within the activity center It provides a 20-foot buffer landscape area at the rear of the property adjacent to Livingston Woods Lane. And that buffer is to be designed, an eight-foot masonry architecturally designed wall, very similar with the Angileri PUD. On the outside of that wall would be a series of trees spaced about 20 feet on center and a row of hedging also at that point. Buffers along the side yards are ten feet and buffers along Pine Ridge Road are 20 feet. They all meet and exceed the Collier County Land Development Code buffer requirements. There is at this point a 300-foot setback separation for the gasoline service station, convenience store and fast food restaurants, very similar with the Angileri PUD. Setbacks in the particular project are limited to 35 feet. Setbacks for two-and-three-story buildings are limited to 90 feet from Livingston Woods Lane. One-story buildings are at 50 feet. The only recommendation staff had at this point is that the 50-foot setback from Livingston was land, shall be utilized as open space water management and landscape buffer, that it would prohibit vehicular usage parking and drive aisles in that particular area. COP/4ISSION~R THOMAS: One thing. Can I ask you a question? Is [hat to the east or the west of the property? MIR. MILK: That's -- that's the north end of the subject property. COM~4ISSIONER THOMAS: North end of it? Okay. MR. MILK: That's entirely on the north project boundary, which would be contiguous to Livingston Woods Lane. - There is a recommendation in the staff report from the staff recommendation that this 50-foot area shall be reserved for the water management landscape buffer and open space. You're going to hear Mr. Anderson discuss this to some degree and offer some other suggestions to this, so I want to bring this up at this time. There's also one change that staff is in favor of that we talked to transportation about, a transportation stipulation and the availability of some impact fee credits for the right turn lanes that the petitioner would provide and the right of way that's going to be ac~aired for the subject property. So, Mr. Kant has looked at that from -- and what's going to happen is Mr. Anderson is going to pass that out here when he makes his presentation. I just want to state for the record there will be two items on there. One item is talking about the rear yard issue and the other item is Item 6.7. Okay. So, staff is in favor of the transportation and there will be some discussion on the setback issue for open space versus ve-h~cular usage. I~ I can answer any questions at this time, I'd be happy to do so. I know that the neighboring property owner just behind the Page 34 16G 2 August 21, 1997 subject property is here to discuss some issues also with you. I have not received any letters of objection but, of course, the property owners out there are fairly well organized. I know some of their members are here. I -- I did not receive any written correspondence. CHAIRMAN DAVIS: Any questions of staff? (No response.) CHAIRMAN DAVIS: Mr. Milk, you talk about the similarities with buffering and walls and things with the Angileri PUD. Is -- and this is -- this is just kind of a question off to the side if -- if you'll pardon me. As far as architectural harmony, is there anything in the code that allows -- I know within the project we require that now -- MP,. MILK: Right. CHAIRMAN DAVIS: -- but from one project to another? MR. MILK: There's not that similarity. The entire project has to be architecturally designed as one project but from Angileri to Gateway, there's not a stipulation that that is concurrent from the standpoint of a similar project. It is from the standpoint of roof lines -- CHAIP~N DAVIS: Right. MP.. MILK~ -- colors but there might be a little bit more uniqueness to Angileri than there is to Naples Gateway. C~i~4A~ DAVIS: So, we have some harmony. MR. ~JLHERE: In fact, they're required to consider -- to consider in their design the heights and the locations of adjacent structures, but I, you know -- MR. MILK: ~md it's really twofold. I mean, the landscaping is ve~ consistent, the signage is exactly the same and, therefore, that design criteria does fold over to building heights, setbacks and the architectural styles. It's just -- they're going to have some variances in colors and -- and pastel type colors and roof lines ~hat will make that a little bit more unique than Angileri, but all in all, there are some distinct similarities between both projects -- CHAIRF~ DAVIS: That's great. MR. MILK: -- on puz~ose. CHAIP~kN DAVIS: It's good to hear. Yes. The petitioner? MR. AA~ERSON: Good morning, commissioners. For the record, my name is Bruce Anderson, representing the property owner. I do have a handout here that I wanted to share with you that highlights some of the very positive changes that we are making to this existing PUD. I also have present with me Mr. Robert Duane, the planner with the firm of Hole, Montes and Associates. One thing I want to stress at the outset here is although this PUD is subject to the sunset review procedures of the Land Development Code, this property owner voluntarily came in to file for a PUD amendmemt to bring this existing PUD up to the county's current Land Development Code standards. Page 35 16G 2 August 21, 1997 He did not -- he was not forced to do so by the commission. He did not seek a two-year extension of the existing PUD, at least he didn't yet. I mean, if the PUD araen~ment is turned down, then, of course, we -- that would be our only choice is to seek a two-year extension to the existing zoning, but we have not sought to do that. We've sought to be cooperative and bt±rig this PUD up to today's Land Development Code standards. Besides bringing it up to current Land Development Code standards, there are some other significant changes to this PUD and that handout that I gave you highlights those changes. We're reducing the building height. We are increasing the setback from Livingston Woods Lane from 30 feet to a minimum of 50 feet and the Land Development Code only requires a 25-foot setback. The buffering has been increased. The Land Development Code requires only a 15-foot wide landscape buffer with trees 30 feet on center. This PUD provides for a 20-foot landscape buffer and it will have trees planted 15 feet on center. Besides having twice as many trees in the landscape area as is required by the Land Development Code, we will also have an eight-foot high mason~ wall included in the buffer area. This PUD is also more restrictive than the Land Development Code when it comes to si~age. The Land Development Code permits pole signs up to 20 feet in height. This PUD prohibits pole signs and limits ~ro~nd signs Uo a ma3:imum of eight feet. We do believe this PUD araen~nent represents a dramatic improvement over what is permitted under the existing zoning and we weuid hope that the neighbors would find favor with it. Now, there is just one area of -- of disagreement with the staff. We o~ly found out about this stipulation on Friday. It was not previously discussed. And that is to not allow any parking at all in the 50-foot setback area for a one-sto~ structure. Now, as I'm sure you'r~ all familiar with under the Land Development Code, normally parking is allowed in setback areas except where you have landscape buffer. ~d we are requesting the ability -- and I have another handout for you that contains our proposed response to the staff's stipulation and also has the amended language regarding the transportation stipulations. We would propose that if we have a one-story structure that is 15 feet or less in height, that we would be able to use that portion of the setback area that is not landscape buffer for parking. Now, the reason we ask this is -- there's several reasons. One is under the new architectural guidelines, which the county is now receiving an award for, oftentimes property owners are going to have to put parking in the back of their building because there's now limitation on how much parking you can put in the front of your buildings. So, we need the flexibility for that -- for that -- to comply with that requirement. Also, we have environmental constraints on this property in that we have a large wetland right in the center along the western boundary Page 36 16G 2 August 21, 1997 of this PUD, which we are probably going to have to presez-ve, and if shown it as being preserved on our master plan, that limits our flexibility as well. The other mitigating factor is that the county is requesting a 20-foot dedication for the eventual widening of Pine Ridge Road. Again, that cuts down on our ability to have parking. And we would ask you to approve -- recommend approval of this PUD amendment with these two revised stipulations that I handed out and I or Mr. Duane will be happy to answer any questions that you may have. CHAIRMAN DAVIS: Mr. Thomas. C05~ISSIONER THOMAS: I'm to understand that what you're suggesting on the rear setback that if the building is one story but also less than 15 feet, then you would like to have parking in the setback? MR. ANDERSON: Yes, sir. COMMISSIONER THOMAS: Okay. Now, explain the second one to me again. MR. AA~ERSON: Oh, about the transportatJ, on? CO194ISSIONER THOMAS: Yes. ~,. AN-DERSON: Yes. That is merely to make very clear in this PUlD that the 20 foot of property that the county is requesting that we dedicate a~ sometime in the future for the six laning of Pine Ridge Road, that we will be eligible for road impact fee credits in accord with the road impact fee ordinance. It does not include CO~2MISSIONER 'IS{OMAS: Okay. And you're wording it this way so you'll deal with the future value of the land as of the present value of the l~nd? -5~. ANDERSON: Oh, no. No. That's already covered by the ordinance. COMMISSIONER THOMAS: Okay. MR. ANDERSOM: No, no. I mean, the value of the land is no different tod~y than it's going to be after this PUD is approved. The commercial zoning is already in place. COM~ISSION~R THOMAS: Okay. C.~AIRMJkN DAVIS: Mr. ~derson, on the signage aspect, I see you're not going to have pole signs but you -- you -- you still will have -- bare the right to do the ground signs -- MR. ANDERSON: Yes, sir. CHAIRMAN DAVIS: -- as the code states; right? MR. ANDERSON: Yes, sir. CHAIR/W2kN DAVIS: Okay. Mr. Milk, do you want to com~ent on the first paragraph as it -- as it relates to the setback issue? MR. MILK: Sure. Two issues. In the original Naples Gateway PUD, their setback was 30 feet and that 30 feet that was to be utilized for green space, water management, open space. ~r. ~d~rson has taken that 30 feet and adjusted that to 20 feet but also included the .masonry architecturally designed wall in that and all the overabundance of vegetation in that 20 feet. Page 37 16G 2 August 21, 1997 In comparison to the Angileri PUD, the Angileri PUD maintained a 90-foot green space setback for open space water management landscaping with the 20-foot landscape buffer and wail. Mr. Anderson wants a 50-foot setback. It was our response that it should mimic to some degree what we did on Angileri with the open space in the rear of the property to give some noise buffer, separation between the neighbors of Livingston Woods Lane and this property. That was the rationale behind that. CF~IRMAN DAVIS: So, we have an agreement. MR. MILK: The issue -- the issue of the building is not really an issue because the arquments we heard before is we limited hotels and motels to two stories so they wouldn't be peering into the neighbors' windows. Mr. Anderson is only going to go a one-story building in that area. W,e think that's ve~t adequate. It's just that transition, what happens behind the building to Livingston Woods Lane and that buffer that I was concerned about. CHAI~ DAVIS: So, you're not swayed by Mr. ~derson's suggestion. b~. MILK: Not at this point. CHAIRMAN DAVIS: Okay. Thank you. Any other questions? C©b~ISSIONER OATES: We ask Mr. Kant what the -- CHAI~V~N DAVIS: I got the impression through Mr. Milk that this was the second part of the 6.7. Everybody was in agreement on that. MR. MILK: That's correct. Yes, sir. C~IRMAN DAVIS: All righu. 14R. A/~DERSON: And then just -- by the way, I want to clear up ohe3 'That does not include -- we're not asking for a credit for the -- impact fee credit for the right-turn lane. CH3~IRMAN DAVIS: Okay. Understood. Someone else to speak? Ma'am,, please come to the microphone and state your name. COF2~ISSIONER OATES: Sworn in. CO~4ISSIONER THOMAS: She has to be sworn in. That's what I was going to tell you. C}~I~,IAN DAVIS: You were not sworn in, ma'am? MS. DEJONG: No. I'm sorry. I missed that part. CHAIRMAN DAVIS: Okay. If you could raise your right hand? (The speaker was sworn.) CHAIRMAN DAVIS: Thank you. And your name for the record? MS. DEJONG: My name is Brenda Dejong. CHAIRMAN DAVIS: Could you spell that? MS. DEJONG: D-e-j-o-n-g. CHAIRMAN DAVIS: Thank you. MS. DEJONG: The last time I spoke before you three years ago, I w~s ~itk the Homeless Advisory Co~:~ittee. But today I'm here as a pri~rate citizen and a landowner. I own a piece of land across -- across Livingston Woods Lane, so it's one block parallel to Pine Ridge Road. Page 38 16fi 2 August 21, 1997 I bought that land in 1990. My children were and still are attending the com~nunity school. If you're familiar, it's a prestigious private school. in 1990, I bought the land with the intent and purpose of building our family's dream home. The land is still vacant. Unfortunately, there's been a divorce and I have been unable to build the dream home. So, the land has been for sale and I've had difficulties selling it because of the fear of what will go across the street. ~en I bought the land in 1990, the PUD already existed. I went down to the Horseshoe Drive county office and i viewed a rendering of a conceptual drawing of what would most likely go in there. And somehow I missed the part about the fact that there could be a service station. That was just in some of the writing that I've since become aware of but the -- the rendering was beautiful and it certainly gave me no reason :o think I shouldn't live behind it. Now, I have another problem. Because I am a real estate broker now through the State of Florida, I have a responsibility to any buyer of not only full disclosure as a seller but also because of my expertise, supposed expertise in real estate, I had a potential buyer who I took do'~ to the co~ty and showed them :he rendering because I was afraid i might give the wrong impression and who knows what might be built t. here so you can see the paper work that I saw and, you know, just as -- as open as i could to let them know what might go there. ~nd to show th~n nhis rendering, I believe, is misleading because it's -- it's beautiful. That area has changed since 1983, 1985 and even sit, ce 1989. The l~nd is more scarce there and :he homes that have been built there, there's one recently has been built with 10,000 square feet. Very prestigious properties now except for on that one street, which I o~ ray land on. So, I'm very concerned about the beautification requirements of that property. And I'm concerned that it's misleading to see the beautiful conceptual drawing that is down in the public records. i understood when I bought the land in -- in 1990 that the 1990 -- '89 PLTD had a five-year approval. 14aybe I'm 'wrong on that but that's what I ,~nderstood. So, i understand that they need to get an extension anyway and I appreciate that they're tryin~ to be more strict on the beautification, but I would hope that you would consider the fact that the conm~unity is now more prestigious. It also -- the First Baptist Church has bought a hundred acres back there. Livingston Road, as you know, will probably be widened and the area has changed quite a bit. I would love to see protec:ion of the comra~nity. I'm not sure what you can do about the parking requirements but being that they would be able to park in the rear of 50 feet doesn't sound good to me, owning the property right across from it, so please consider that. CHAIRMAN DAVIS: Thank you. CO.~{MISSIONER THOMAS: I have a question. Page 39 August 21, 1997 CHAIRMAN DAVIS: Yes, M~r. Thomas. Question of staff. CObCMISSIONER THOMAS: We're not -- we' re not planning to have any access out onto Livingston Road, are we? MR. MILK: That's correct. No access. CO~4ISSIONER THOMAS: No access. Okay. CHAIRM~aN DAVIS: Ail right. Next speaker. is there anyone else in the room that's going to speak on this petition? Thank you. Yes, ma' MS. FEHR: Hello. My name is Sandra Fehr, F-e-h-r. I live on Livingston Woods Lane. I've been there for over six years. And my main concern is another gas station. I think you've heard about my story before. Now that Racetrac has been approved, there's going to be so many gas stations in tile one area and I'm afraid that it's not going to be very good for the environment and also there have been a few people on the Livingston Woods Lane that were interested in buying property on that street, and ali. of a sudden decided not to buy the property because of this commercial development that's going to be built there. And, a,=o, i want to make sure that the wall that's going to be built along Livingston Woods Lane is going to be the same. It's not going to be 50 feet back, 90 feet like a maze, and that it will be all the same height, the same color, and also that the cypress reserve that's in front of my property will be kept and made beautiful and not be accidentally bulldozed. And my main concerr~ is that, you know, there's going to be another gas station. That's what I'm really worried about because it looks ugly. Now, I love buildings. I have no -- I have nothing against a motel. The only thing if you have a gas station and motel together, there's going to be trucks parking there. That's already being done behind Shell where Knight's Inn is. I see big trucks being parked in tile empty lot there and, you know, it's going to be ugly, noisy, and that's what my main conce~ is and ~o make sure that the walls of all the different PUP's will. be the same. Thank you. CHAItLMAN DAVIS: Thank you. Yes, sir. ~iR. FE~: Good morning. My name is Robert Fehr. I live on east tract, Lot 27. The only -- nry only concern is this. There are already two Mobil stations. There's a Chevron, a Shell, an AMOCO, a Racetrac, which was initially denied, was approved later on. Do we need a seventh gas station in what I consider a walking distance? It's such close proximity. I've put an extension on my house. I've spent a lot of money on my home. It's a very pretty home. I have a quarter acre pond in the front with fish in it. My concern is -- my objection is only to the gas station being of such close proximity and also the lack of visual appeal that comes with that, especially an area that now looks so nice with the entrance Page 4 0 16G 2 August 21, 1997 to Naples via Exit 16 on Pine Ridge Road. That's all I have to say. COM/~ISSIONER PEDONE: I have a question. CHAIRMAN DAVIS: Okay. Thank you. Mr. Pedone. C05~ISSIONER PEDONE: When did you buy that property? MR. FEHR: I bought that property -- I think it was about eight years ago. COh/~ISSIONER PEDONE: 1-75 was there at the time? MR. FEHR: Yes, sir. COMMISSION]SR PEDONE: And you knew you were buying at an interchange of 1-757 MR. FEHR: No, not at that time. CO~MISSIO~ER PEDONE: Okay. MR. FEHR: They said everything would be nice, would be visually appealing. I did not know that they were going to put more than one gas station on that side of the road. As it turns out, this is going to be the second one just on that small strip and the seventh one in just a couple blocks. Seven gas stations, the entrance to Naples, is not visually appealing. That's my objection. CHAIR~AN DAVIS: Thank you. lfR. FEHR: Thank you. CHAIRMAN DAVIS: Anyone else? (No response. ) CHAIP/HA~ DAVIS: Thank you. Does the petitioner have anything to add before I close the public hearing? - MP,. A~.;DERSON: I'd just like to point out that this PUD right now today someone could march in to development services and pull a building permit for a ser~-ice station on this property, right now today. And this PUD does provide that for any service station or fast fcod that might go in on ~his property, that it has to be 300 feet from the property line, and then beyond that, there's the 60-foot right of way of Livingston Woods Lane before you get to the nearest residential property. So, you've got a 360-feet setback that there will be. I know that the issue of a service station is certainly going to come up before the County Commission and I would, in view of our mutual records on the issue of service stations in this area of Pine Ridge Road, I would ask that you not address that issue today. The first time I came before you with the Racetrac station, the Planning Commission recommended approval and the County Commission turned it down. The second time I came back before you, you all recommended denial and the County Commission approved it. CHAIRMA~4 DAVIS: Mr. Anderson, given that record, you may want us to feel pretty negatively about this. Mil. ANDERSON: I would rather that it just not be addressed today Page 41 168 2 August 21, 1997 at all and I'll be happy to answer any questions that -- CHAIrmAN DAVIS: Thank you. Mr. Thomas has got -- MR. A~ERSON: -- that you have. CHAIRMAN DAVIS: -- a question of staff. CO~ISSIONER THOMAS: Yeah. I want to talk to staff. We have a beefed up buffering on the rear setback. MR. MILK: That's correct. COM~[ISSIONER THOMAS: Plus a 50 foot setback. MR. MILK: That's correct. COmmISSIONER THOMAS: Okay. If they -- if we allow parking adjacent to less than 15-foot buildings -- MR. MILK: That's correct. COMMISSIONER THOMAS: -- that we would only infringe into that setback 20 feet. MR. MILK: Thirty feet. COMMISSIONER THOMAS: Thirty feet. Okay. But we still have the super buffer back there. MR. MILK: That's correct. COMMISSION~R ?HOMAS: Okay. Why do you still have a problem with the -- for less than 15-foot building? MR. MILK: I guess it's twofold. Going back to the Angileri PUD. And I hate to bring that up time and time again, but they offer what they call a 90-foot buffer. And I guess the uniqueness about that is it was only 4.5 acres, the water manag~_ment would be more suitable to the rear of the property. It acted as a tr~%sition from more intense to less intense commercial uses. C©MMISSIONER THO~S: Aren't they going to have water management to the west of the property? k[~. MILK: That's correct. So, here we've got a unique situation. We go from a 90-foot buffer down to a 20. CO~MISSIO~R ?HOF~S: Because of the Angileri PUD in that corner? MR. MILK: That's correct. So, ~f thought is if ~hey're going to offer one-story buildings at 50 foot, behind that 50 feet would be left open space water managemen~ and landscape buffer. COIC~ISSIO~ER TH©F~S: Well, that's goin~ to constrain parking on the side, especially when you're goin~ to take some other property on the front end. MR. MILK: No doubt about it. And Mr. Anderson is correct. There are architectural design guidelines that promote and provide parking at the rear and sides of all these buildings. COMMISSIONER THOMAS: That's these architectural s~andards tb~at -- MR. MILK: That's correct. COMMISSIONER THOMAS: -- that apply throughout the county. MI~. MILK: Throughout the county. C1D~SW_TSSIONER THOMAS: To my dismay. M~.. M/LK: That's correct. COMMISSI0~ER THOMAS: Okay. Page 42 August 21, 1997 MR. MILK: So, they're going to have to park behind that building whether they want to or not. So, that setback may be 90 feet rather than 50 feet. He is correct on that analogy. CHAIRMAN DAVIS: M~. Nelson. MR. MILK: I -- I just know that we're going to have about four or five coming up here in the next four to five months and it's precedent setting in my opinion what we're doing here. C}~IRMAN DAVIS: Mr. Nelson and then Mr. Bruet. COMMISSIONER NELSON: knd I'm just trying to also because it is the precedent to get further clarification. Is the fact that they proposed to install an eight-foot wall, however, in your mind mitigate this car request? MIR. MILK: It -- it does a lot to impact the noise sound relationship. An eight-foot wall at that location with the tree canopy above that, spaced on 15-foot center, that's going to be -- in a few years that's going to be a mature buffer that would impede any noise back to that area. COFSMISSIONER THO~iAS: And you're going to have vegetation outside of that wall, too. MR. MILK: That's correct. Towards Livingston Woods Lane. Now, that's a substantial buffer to those folks along Livingston Woods Lane. ~d accounting for the one coming out of the north and west for the majority of the year except for the summertime, it should be a lot of noise traveling that way. I'd say in my analogy is you've got a 90-foot on one spot two lots away and 20 here. P~at's the next pay going to come in and the next ~ly and then five more -- COM~!iSSION~R THOMAS: The only way you could tell that is from the air because of the buffer. PLR. MILK: I'm just saying that, you know, this is brand new on this side of the road. These folks are very well organized. Trying to keep that organization to some degree of consistency here, I'm not sure where to draw the line. ~nd I drew it at 50. C}~I~MAN DAVIS: I~. Bruet. COMMISSIONER BRUET: But with the new architectural guidelines encouraging parking in the rear, it just seems like an awful contrast of the staff position now to limit th~m in doing that when they have gone beyond your re~direments for buffering. It just isn't making an awful lot of sense. ~. MILK: It far exceeds our requirements. COMMISSIONER BRUET: Pardon me? MR. MILK: It far exceeds our requirements, that's correct. CHAIRMA/g DAVIS: Okay. And that's just an observation. That's the kind of petition, it would seem to me we'd like to see, as these other ones come in, that with the idea of a super buffer and in all fairness for the residential -- ~R. MILK: Super buffer -- CHAIRMAN DAVIS: -- properties. MR. MILK: -- 20-foot wall, that's going to have to be consistent Page 43 August 21, 1997 on that whole corridor adjacent to Livingston Woods, that's a given. MfR. MULHERE: May I also add that I'm just -- I just wanted to check these architectural standards because I thought that the -- the requirement for parking distribution applied to commercial structures in excess of 20,000 square feet and they do. They do not necessarily apply to commercial structures which are less than 20,000 square feet. CHAIPRViAN DAVIS: Good point. COMMISSIONER BRUET: And it's not to say, as you review these other designs, that you can encourage this type of -- of buffering through the back, right? MR. MILK: That's correct. COmmISSIONER BRUET: I mean, you're talking about a precedent. I think this is a great precedent, but I don't think he should be denied his ability to park in the back utilizing his site under these conditions. FIR. MILK: I just wanted to -- that's my point. COMMISSIONER BRUET: Okay. C05~ISSIONER THOMAS: And very helpful, thank you. CHAI~JkN DAVIS: Since I didn't before, I'll close the public hearinq. Is there a motion? CO-~SMISSIONER OATES: ~ir. Chairman, I would move we recommend approval of PUD-85-29(1) with the staff stipulation amending 5.6 and 6.7 as thay were submitted to us this morning. C01,~!SSIO~R '~OMAS: Second. C~I~Z~~ DAVIS: Motion by Mr. Oates, seconded by Mr. Thomas. Clarification, Ed. Your -- your motion includes the staff's stipulations and not Mr. Anderson's? COM~ISSIONER OATES: My motion is with the regular staff's stipulations substituting 5.6 and 6.7 as submitted by Mr. Anderson this mo~ing. CHAIR~f2kN DAVIS: Okay. I just wanted to make it clear. Is there a discussion on that? All right. Hearing none, all those in favor, signify by saying aye . Opposed? (No response.) CHAI~_~N DAVIS: Carries unanimously. PUD-89-6(2). COI4MISSiONF~ OATES: Mr. Chairman, for the record, please, let it be know~ that my wife is the sole beneficiary of the two trusts that own Grey Oaks and, therefore, ! will not be voting on this issue. C}~IRMAN DAVIS: Okay. Thank you, Mr. Oates. COMMISSIONER YORK: Mr. Chairman, I would like to mention the fact that I had a short telephone conversation with Mrs. Cawley regarding this petition. CHAIRMAN DAVIS: As did I. COMMISSIONER THOMAS: I would like to announce that I did in fact also have a conversation with Mrs. Cawley, long conversation, short on this subject though. Page 44 2.' August 21, 1997 COMI~ISSIONER BRUET: Mr. Chairman, I also had a conversation with Ms. Cawley. CF~I~V~%N DAVIS: All right. I'd ask all those present that may speak on this petition to please stand, raise your right hand so the court reporter may swear you in. (The speakers were sworn.) CHAIRMAN DAVIS: Mr. Nino. M/q. NINO: Yes. My name is Ron Nino for the record. The petition before you again, I'm happy to advise, is pretty straightforward. This petition does one thing only and it asks you tc recommend amending the Grey Oaks PUD to allow for the construction of a hospital -- to allow a hospital, if constructed, to achieve a height of 65 feet as opposed to the current limitation for all structures within the northwest -- northeast activity quadrant to 50 feet. As is in keeping with our policy, the petitioner has agreed to replace the PUD with a new PUD with that one modification in it as as -- as an administrative convenience to the staff and the county. Staff reco!r~nends approval. COmmISSiONER THOMAS: Could I ask a question? When they replace the new PUD with this PUD, are they then forced to deal with all the other stuff, with all the other problems? MR. NINO: We have -- we have not asked and we traditionally do not ask for any other changes, particularly when a PUD is of a modern contemporary vintage, which the Grey Oaks PUD is. CHAIRMAN DAVIS: Okay. Mr. Nino, in the staff report, the first page, it pointed out the -- in the geographic locational information that this was at -- I think Santa Barbara Boulevard is put in instead of Qolden Gate Parkway as it should have been. MI{. NINO: Thank you. We'll make that change. CHAIRMA.~ DAVIS: Okay. MR. NINO: You're correct. C]{AI~_AN DAVIS: Okay. And this height, height limitation, new height limitation, would only apply to hospitals. MR. NINO: It would only apply to hospitals and it would only apply to a hospital in the northeast quadrant. Ct{AIP24A/q DAVIS: Okay. Thank you very much. Any ~estions of Mr. Nino? (No response.) C~%IR/~,~ DAVIS: Petitioner. MS. CAWLEY: Good morning, Barbara Cawley representing Grey Oaks today. C-a-w-l-e-y. I just want to point out two things, that maybe just a little clarification. Hospital is a current allowed use within this PUD. We're not asking for any new use. Under commercial zoning, the height limitation is a hundred feet in a C-5 zone, which would be, oh, you know, about equivalent to this activity center that's within Grey Oaks. This ~arcel is internal to Grey Oaks and would have no impacts o adjacent p~perties, no compatibility problem with views from any -- any existing structures and I ask your approval, and if you have any Page 45 16G 2 August 21, 1997 questions, I would be here to answer them. CHAIRMAN DAVIS: Questions of Miss Cawley? (No response.) CHAIRMAN DAVIS: Thank you. MS. CAWLEY: I wish to, if there's any testimony, I'd like to be able to rebut that. CHAIRMAN DAVIS: Certainly. Additional speakers on this petition today? Please come forward, identify yourself for the record. MS. GROSS: Bonnie Gross, G-r-o-s-s. This is my first visit. I don't know if it's proper to ask questions, but just for my own information and for other homeowners in Grey Oaks that I represent, I would like to know what the magic numbe: of a floor -- or a ceiling height is in a hospital and why it has to be from 50 to 65 feet, number one? And I guess we've addressed the visual problems here but we haven't addressed the additional noise. Is this a full service hospital? Are we going to have a lot of ambulances, helicopters? And, if so, I think that that is devaluing the privacy of the people that live there and use that golf course, which may not be of interest to some of you. C©~ISSIONER THOMAS: Ma'~TL, it's already zoned -- CHAI~43kN DAVIS: It's already zoned. COMMISSIONER ~{OMAS: -- for a hospital. MS. GROSS: It's already zoned for a hospital? CO~24ISSIONER THO.MAS: It's already zoned to have a hospital at that location. CHAIRMAN DAVIS: Ail that is at issue -- - CO~4ISSIONER THOMAS: All we're talking about is the height limitation. C}~IRMAN DAVIS: All that is at issue today is the height. MS. GROSS: All right, ~hen. Can you explain to me why the extr~ 15 feet is needed for four floors? CHAIPdW~2q DAVIS: If you could respond to that, Miss Cawley? MS. CAW~EY: The additional 15 feet is -- is basically for where a patient wing would be located. The higher wing would be on the -- the upper floor of the hospital. It's a traditional design that's been used by hospitals in other parts of the state. It's a very ft~ctional type of facility, a moder] facility, that would allow the -- and the 15 feet is necessary for that. It's -- it's been used in other parts and it's not -- it doesn't have anything to do with the height of the ceiling. It has t do with the use of the facility for patient wings on the top floor basically. C}~IRMAN DAVIS: Okay. Thank you. Anyone else that would like to speak on this petition? (No response.) _(i~%lq DAVIS: Seeing none, we'll close the public hearing. COMMISSIONER BRUET: Mr. Chairman, I recommend we move forward with approval for Petition PUD-89-6(2) Page 4 6 16G 2 August 21, 1997 COMMISSIONER YORK: Second. CHAI~/4AN DAVIS: A motion by Mr. Bruet for approval -- recommendation of approval, seconded by Mr. York. Discussion? (No response.) CHAIRMAN DAVIS: All those in favor, signify by saying aye Opposed? ' (No response.) CHAIRMAN DAVIS: That carries unanimously. COFff4ISSIONER THOMAS: No, no, not unanimous. CHAIRMAN DAVIS: I'm sorry. With Mr. -- let the record show that Mr. Oates abstained from the vote. Petition PUD-89-28(1). Mr. Bellows. Once again I'd ask all those present who may testify on this petition to please stand, raise your right hand so that you may be sworn. (The speakers were sworn.) CHAIRMAN DAVIS: Thank you. ~. Bellows. MR. BELLOWS: For the record, Ray Bellows presenting Petition PUD-89-28(1). Frederick Pauly requesting to amend a PUD mmendment. The subject property is located on the south side of Immokalee Road and on the east side of Mocake PUD within the activity center. During the review of the PUD for compliance with the sunset provisions, the Board of County Commissioners directed the property ow~ler to amend the PlA document to delete the liquor store as a permitted principal use ~d add ~n architectural theme requirement. -That was the only change they had recommended. Basically consistent with the Growth Manag~nent Plan. CIiAIRMAN DAVIS: So, Mr. Pauly is coming forward to do just wha: he's been asked to do. HR, BELLOWS: Yes. He had six months to do that. C}~IP~!AN DAVIS: Is there anybody -- CO~MISSIONER THOMAS: This PIFD was required by the county comraissioners. M!R. BELLOWS: Yes. COMMISSIONER ~{OMAS: Okay. CHAIRMAN DAVIS: Is there ~nybody here today to speak on this petition? (No response.) Seeing none, I'll close the public hearing. COMMISSIONER OATES: Mr. Chairman, I move we submit PUD-89-28-(1) with a recommendation of approval. COMMISSIONER YORK: Second. CHAIRMAN DAVIS: Motion by Mr. Oates for approval -- recau~endation of approval, seconded by Mr. York. All those in favor, signify by saying aye. Opposed? (No response.) Page 47 August 21, 1997 CHAIRMAN DAVIS: Carries 'unanimously. Petition Number PUD-91-1(1). Mr. Nino. Once again, all those present who may testify on this petition, please stand, raise your right hand so that you may be sworn by the court reporter. (The speakers were sworn.) CHAIRMAN DAVIS: Thank you. Mr. Nino. }fR. NINO: It's Ron Nino for the record. The Radio Square PUD is an existing PUD. It's located on the south side of -- south side of Radio Road, opposite Industrial Boulevard. The property to the west of Radio Square is industrially developed. The property to the south of Radio Square is zoned industrial. And the property to the north is zoned industrial. And the property to the east is zoned single-family residential. CHAIRMA=N DAVIS: This is the one we just recently recommended approval of and the board subsequently approved. HR o NINO: Yes. The petitioner is requesting an amendment to the existing Radio Square PUD to provide for a use of a fraternal lodge. That PUD now permits essentially office and industrial type buildings. The PUD would ask that -- that in addition to those uses, allows:ce be made for the ccnstruction of a fraternal lodge. However, in keeping with the format of the PUD and previous commitments made, the fraternal lodge could only be constructed on the western side of the property. If I were -- if i were to draw the plan, the plan shows that in the ~orner here there is one lot that is exenrLpt from any use other than office use, and then along the west -- east side of the Radio Square PUD, there's an entire tract which is a preserve tract which was provided in the original Radio Square to provide -- which is required of the original Radio Square PUD te provide for a buffer from the residential area. So, basically, the fraternal lodge would not impact to any significant degree the residential properties to the east by virtue of the separation of the office tract and the preserve tracts. In terms of -- in terms of the consistency with the future land use e!~ent, a fraternal lodge as a transitional type use would be an allowable addition to the PUD. And it's staff opinion the land use issue is consistent with the future land use element. Relative to traffic, we don't -- we're of the opinion that the the addition of a -- of a fraternal lodge type of land use does not generate any significantly Greater amount of traffic than the currently authorized uses. And -- and in any event, Radio Square is Radio Road, as you know, is a four-lane divided highway and is nowhere near a level of service tb~t ~uG~ests any problems with respect to facilitating the movement of traffic. We did receive a letter in opposition only recently and I'm Going Page 48 .............. " ............... " ............. ' Ir ........... lli ..... 1 2 August 21, 1997 to hand out copies of that to you. As I indicated, there is no question of inconsistencies with any elements of the Growth Management Plan. And from a point of view of those standards that you and planners like myself normally apply to petitions for rezoning, we're of the opinion that the added use does not add a level of incompatibility to -- to adjacent property owners. Sewer and water is -- all of the infrastructure that you normally want to see in place in order to justify more intensive land uses is there. Certainly, all of the land around it is -- is developed so you have a -- the question of timing, is the time appropriate for the development of this property and, indeed, it is by virtue of its location within a highly urbanized area. Staff is of the opinion that you ought to recommend adoption of the PU -- Radio Square PUD. There are some outstanding issues that the petitioner has been advised needs to be addressed in terms of bringing the current Radio Square PUD document up to our standards that we traditionally ask for today. Miss Student has identified a number of things that she would like to see taken care of. They have to do with contextual matter -- MS. STUDENT: And clarity mostly -- MR. NIN0: -- and clarity. ~S. STUDEA~: -- so it's understandable what the document is t~fing to say, that's all. }~. NINO: Yeah. And do not deal with the basic substance of whether it's appropriate or not to add a fraternal lodge to this PUD. And I'm sure Mr. Killen will be responsive to those changes in the ver~ near future. We reccmmend approval. CHAI.RY~N DAVIS: To any motion we might~ make for approval, say, could include a stipulation that there will be some clean up of the language to bring it to that threshold you spoke about. ~CR. NINO: Yes. CHAIrmAN DAVIS: Okay. Mr. Killen? ~.. KILLEN: Good morninq. Tom Killen, K-i-l-l-e-n. i -- it's the first time I've been here not really representing a developer. Mr. Frye has his PUD intact. Several months ago at the Elks Club, I approached ~r. Frye to buy the entire acreage to build a club. We sent a letter to the county to get approval for that usage and it was denied. So, that's the reason we're here. We originally came in to change or add one sentence to the existing PUD. And I think we retyped it four times so far or we're working on the fourth time around to bring it up to the language that's there to date, plus we're adding some things also that John Asher has for Mr. Frye when they change the plat. And there's some minor lanquage and some technicalities, but basically ~e are adding one sentence to this entire PUD that says fraternal organizations in -- in their normal -- normal functions. Page 49 16G 2 August 21, 1997 I'm -- excuse me. I'm representing about 2600 people here today. That's the membership of the Naples lodge. It's -- I was -- when I became a member, I was -- I was dumbfounded at the number of people that belonged to the Naples Elks Lodge. C0~4ISSIONER THOMAS: Is that the same lodge that is down on Airport Road, the one we locate? FfR. KILLEN: Yes. CO~4ISSIONER THOMAS: Okay. FiR. KiLL,N: They've had several offers on that property to sell the property. It's a -- the building is tired. It's aP. old tired building. It served them very. well but it's better for commercial -- they've had several car dealerships and other people looking at them. So, it's a matter of time that that land will go under contract. So, what we're trying to do today is get this approval done so that they have a new home to Go to or construct once something's triggered on their existing property. Now, we've taken the entire PUD. As it stands, we tr~y to stay within its -- within its limits. This is the original PUD, calls for an office building in this location here. This, in our cpinion, will be Phase 2 at some point in time. The Elks may or may not build an office building at this location. That's how it stands now. We're Going to leave this -- this entire area intact for the moment once we start construction. In fact, we're Going to trying to keep most of the existing vegetation of the site in its -- in its natural, natural setting. It's a very highly wooded site with pines and palmettos. We're maintaining our detention area here to further the buffer fro~ Donna Street here and Lorraine down below. Lorraine comes in somewhere ab~out -- I forgot the handout. ~d give you these. It might be a little better. I ~nderst~nd that it would be a little easier. These show Lorraine Street. They only complaints are from those who live on Lorraine. So, the Lorraine intersection will be down at the south, south portion of the property. This is not a street across from the property in question. You can see that these homes are naturally buffered. ~ow, there's a terrific amount of -- of buffering existing now with one exception. The very far end, at the corner of Lorraine, ~out here, you can barely see it in this photograph, there's a very small home here on the corner of Lorraine and Donna, which would be the nearest -- nearest house without a larger buffer area. The way we've designed the function of the lodge, I think, is very important also. We've put all of our kitchen sea-vice to the rear. Now, this is industrial on this side. This is west of the industrial area. This is Naples Lumber over here, industrial on this side. Donna Street is the only residential buffer that we have. So, we brought our service to the rear. Now, the Naples lodge does two things. It has a day-to-day lodge Page 50 16G 2 August 21, 1997 restaurant activity. The restaurant closes at nine at night. They are functioned during the daytime. That -- that interest would be on this side. This is the main lodge facility, the day-to-day use lodge facility. This area will be meeting halls. This is where you carry on weddings, receptions, bingo games, et cetera, et cetera, et cetera. Those entrances are from the west side of the building which are on the complete opposite side of the residential section. This parking up here would be primarily used for those functions. The lodge use would be in here. There are times when the lodge has enormous crowds for a large function, not very often but on occasions. That's the reason for the large parking lot in this area so that they can be accommodated when that happens. And then the office building that's built somewhere in the future, this will be daytime shared parking. Basically, that's all I have to say. We have some people here from the Elks Club. Do you have a question? COMMISSIO.~TER YOP~K: In actuality then, the lodge has taken up the whole PUD. 5~. KILLE/~: That's correct. COMMISSIONER YORK: Other than the provision for a future office building. M~.. KILLEN: That's right. They have contracted to purchase the entire property. So, if that office building is built, it will be o~ned by the Elks Club. CHAI~,IAN DAVIS: Mr. Nelson. COMMISSIONER NIELSON: Mr. Kil!en, I just wonder whether you can c~nt on some of these questions that one of the objectors, 5~. Cooper, wrote here? !4R. KILLEN: I'll be happy to. C01~MISSiONER NELSON: X~d maybe ~. Nino also. The -- is, first, that it be put on the western boundary and that seemed to be met. The second is that alcoholic beverages and food sea--vice shall not be available to the public. Is that consistent with how -- ~. KILLEN: The only time alcohol and food is available to the public is from the meeting room site over on the west side of the building in a function like a wedding reception and then that type of -- the club itself is not open to the public. COMMISSIONER NELSON: Right. MR. KILLEN: It's members only. COMMISSIONER NELSON: Hours of operation shall be limited with closing times of eight p.m. daily except for ten p.m. on Fridays and weekends? Mlq. KILLEN: Oh, we -- I don't think we can meet that. The res~urant closes at nine at night, the dining room. The bar closes at 11:00 o'clock at night. Now, this is the inner club facility. Now, I've been there many times late after functions in the parking lot. There's no noise in the parking lot. It's -- I am one Page 51 16G 2 August 21, 1997 of the younger members of the Elks Club out of the 2600 people. They -- it's not like everyone piling out of a bar at 2:00 o'clock in the morning and standing out fighting in the parking lot. We don't have that -- we don't have that problem here. The other functions, as I say, the alcohol and food to the public, on the west side of the building, I don't know what those hours are but normally 11:00 o'clock would be the latest that any function would go on. COMMISSIONER NELSON: All right. And then -- you've answered number four. And then the last, no outdoor music or outdoor noises? Mit. KILL~N: We don't have outdoor facilities, outdoor parties. COMMISSIONER NELSON: Good. CHAIRMAN DAVIS: Would you -- would you be adverse to a stipulation to that effect? MR. KILLEN: To what effect? L~IIRMAN DAVIS: The outdoor music. MR. KILL,N: I don't know why not. I don't know of any reason. Let me ask. Any reason we ever need to have music outside? UNIDE~'IFIED SPEAKER: No reason to use the outside. MR. KILLEN: They have no functions outside. C!{AIRFIA~N DAVIS: Any -- any other questions? Fir. Wrage. COMMISSIONER %,~R3tGE: Just a quick question, Ron. In the Phase 2, is the ingress a~d egress to that phase be the same as what they've got right now? In other words, is there still going to be more? MR. NIMO: I beg your pardon? COMMISSIONER P~RAGE: Only one way in and out of the property? MIR. NiNO: Yes. Exactly. MR. KILL~N: I apologize. I've not gotten with Mr. Kant yet to review this. COMMISSIOneR WIIAGE: That would become an integral part of this, like you said, and that parking there would be universal parking for the whole -- MR. NINO: Exactly. Yes, it would be. ~41R. KANT: For the record, Edward Kant, K-a-n-t, Transportation Services Department. The existing PUD has one access off of Radio Road and they're showing a single access off of Radio Road. And since this is the first time i've seen the site plan, it would be tough to make any detailed connnent on it. They may wish to separate some of that traffic but Mr. Killen's already indicated that the bulk of the parking appears to be shared with that existing parking lot. We probably would have a problem based on the frontage in granting too many driveways. It probably can get an exit perhaps, you know, but I suspect that ultimately that -- that entrance, since most of the -- most of the Elks Club functions would be in the evening except for the members maybe coming in for lunch or something like c~at, -xow_ld probably be accessed from that one driveway. But we haven't really discussed that yet. I'm not sure that that's applicable to whether or not this is a good use of the PUD. We Page 52 16G 2 August 21, 1997 don't have a problem with the request for adding this use to the PUD. CHAIRMAN DAVIS: Any other questions? (No response.) CHAIRMAN DAVIS: Thank you, Mr. Killen. ~yone else to speak on this petition today? (No response.) CHAIRMAN DAVIS: Seeing none, I'll close the public hearing. COMMISSIONER YORK: ~,~. Chairman, I would -- CHAI~4AN DAVIS: Mr. York. COMMISSIONER YORK: I would move that we forward PUD-91-1(1) to the Board of County Commissioners with a recommendation for approval. COMMISSIONER OATES: Second. CHAIRMAN DAVIS: Motion by b[r. York, seconded by Mr. 0ares. Mr. York, the petitioner didn't have a problem with the additional stipulation of no outdoor music. Would you mind adding that? COMMISSIONER YORK: Add that stipulation that no outdoor music be allowed. CHAIt{MA~ DAVIS: Okay. ~y discussion on the motion? (No response.) C}~JkIRFJ=N' DAVIS: All those in favor, signify by saying aye. Opposed? (No response.) C~%IRMA/{ DAVIS: Carries unanimously. Thank you. ~. York asked to leave us. Next up, PUD-94-7(!}. Mr. Bellows. - I'd ask all those p~esent who may testify on this petition to please stand, raise your right hand so that you may be sworn. COMMISSIOneR THO~S: One, two, three, four, five, six, seven, eight, nine. (The speakers were sworn.) CHAIRI4A}~ DAVIS: ~. Bellows. 5~. BELLOWS: For the record, Ray Bellows, representing Petition PUD-94-7. Barbara Cawley of Wilson Miller. COM/~ISSIOA~R THOMAS: I had discussion with Barbara Cawley on this one also. COMMISSIONER OATES: So did I. COI~MISSIONER BRUET: Yes, Mr. Chairman, also. MR. BELLOWS: Petitioner's requesting a rezone from PUD to PUD for the purposes of amending the Laurelwood PUD and master plan. They're going to change the name to Outdoor Resorts of Naples, The Motorcoach Country Club PUD, amending the ownership, deleting all residential dwelling types and replacing them with motorcoach recreational vehicle units as a permitted use and replacing the pe-~mitted 465 maximum number of residential units with 488 motorcoach lots and revising the master plan accordingly. The current PUD is approved for 465 dwelling units results in six units per acre. The Board of County Commissioners at that time Page 53 2 August 21, 1997 approved that two unit increase over the base density. The petitioner now states that the demand for upscale motorcoach developments has risen and this area is deemed a desirable area for motorcoach units. As a result, the petitioner proposes to modify the PUD document and master plan to replace the 465 residential units with the motorcoach lots on the 48 six-acre tract. The proposed PUD will also provide 15 acres of golf course and clubhouse facility. The revised PUD also is designed around 11.69 acres of lakes and 4.43 acres of buffer. As you can see on the zoning map, the property is adjacent to the Richland PUD, which is approved at five units per acre and also is approved for commercial uses at the corner. To the west is vacant agricultural land and two lots over is the Gulf Coast High School that's currently under construction. To the south is vacant a~ricultural land. And to the north is Immokalee Road and some C-3 zoning and agricultural zoning in the small rural subdivision. Future land use element indicates that the 6.63 motorcoach recreational units is consistent with the Growth Management Plan which dictates or that the Land Development Code density provided for TTRVC would pertain, which allows for ].2 TTRVC lots per acre. So, therefore, they're way under that requirement. As i also previously stated, the currently approved PUD's approved that six residential units per acre e~d they could qualify up to seven being in the density band, so they're also consistent with that if you were using the residential density band of rating system. The traffic impact statement indicates that the proposed ~nerrclment will generate 2,648 trips because of TTRVC units under the trip generation manual. That was basically 650 trips less per day than the currently approved PUD would generate. L.~uuokalee Road is currently operating at level of Service B and there's a plaru~ed improvement for that sequent. Since the prcposed motorcoach development is deemed a nonresidential use in the Growth Management Plan, the Growth Management Plan requires that all travel trailer developments meet the criteria. Basically, the criteria is have a direct access to an arterial road, as it does on Immokalee Road. The proposed density is consistent with the density rating system or the TTRVC district, which it is, and that it also be compatible with the adjacent uses. Now, the -- as I previously stated, there is a -- the Richland PUD, which is a residential development, approved the five units per acre. It also has 150,000 square feet of commercial uses, which is a nonresidential use. ~nere's also the Crystal Lake RV Resort within a mile of this development, would set a precedent for RV type vehicles in this area. The petitioner is also proposin~ a 15-foot wide buffer strip and opaque wall to help screen the property on the east, west, south sides and a 20-foot wide buffer with landscaping and a wall to create a Page 54 16G 2 August 21, 1997 visual screen to prevent adjacent properties and/or to give units within this development their privacy. Therefore, based on these buffers and the fact that there is a precedent setting RV -- TTRVC development within the area and the commercial component to Richland, the school nearby to the west, staff has deemed this project to be consistent -- or compatible with adjacent areas. The only other thing staff had a concern about was the actual number of %ulits and due to the size and nature of the recreational vehicles, staff felt that they should be limited to six units per acre, which is consistent to their already approved number of six units per acre. Therefore, staff is recommending that the Planning Co~ission approve this petition subject to that density be limited to six units per acre and all other stipulations that have been incorporated into the PUD doc%~ent. ~{AIRFJ~N DAVIS: Mr. Thomas. CO.M~!SSiONER THOMAS: Question. In our code, do we have a definition of a motorcoach and, if so, what is it? ~. BELLOWS: I don't believe it actually spells out what a motorcoach is, no. CHAIFd~_A~ DAVIS: Other questions of staff? CO~V/qISSION~R THOMAS: Wait, wait, wait, wait, wait. CPlAI~24AN DAVIS: Yeah. ~. ~JLHEKE: A question? P~. BELLOWS: No, there isn't. That's correct. There isn't. CO~MISSIONER ~{Oi~S: Okay. So -- bu~ you make reference a number of times to a motorcoach. ~/R. BELLOWS: Yes. COMMISSIONER ~OMAS: That this be a motorcoach park, a motorcoach community. But what do we -- I know what a -- I think, a motorcoach is. Is there going to be ~=ny restrictions or do :here have to be -- MR. t~LHERE: No, not from our perspective, although I think the -- there were deed restrictions that the -- or something in the PUD? Okay. There are restrictions within the PUD. ~LAIRMAN DAVIS: I mean, they're big and expensive. COMMISSIONER THOMAS: Is there a definition in the PUD? CHAIRMAN DAVIS: Before we go on, in the way of disclosures, I also briefly discussed this with Mrs. Cawley on the phone and I am in receipt of a copy of a letter sent to Mr. Bellows from a Mr. Kenneth Saundzy. MR. BELLOWS: Yeah. I'd just like to point out I did receive in all four letters in opposition, one from Joanna Glasselwood (phonetic). She's a property owner to the immediate west, through here. One from George Werner. He owns 22 acres in the southwest corner of Immokalee Road, 951 portion, the commercial portion of the Kichland PUD. He's also opposed. The Saundry Associates, they're opposed per Richland, and an attorney representing Seminis Incorporation. They own 38 acres Page 55 16G 2 August 21, 1997 located within 300 feet of the proposed development. CHAIRMAN DAVIS: Okay. Petitioner? MS. CA¥~EY: Good morning, commissioners. Barbara Cawley representing Outdoor Resorts of ~erica with this petition. We would like to say that we've worked very well with the staff on this and would like to agree with the staff report. We understand that as part of this staff report, that they are asking for a reduction of density from 6.3 units per acre, which we have requested down to six units an acre. And although we -- we believe that that is a substantial reduction of density based on the type of use we're asking for, we will concur with that. I just wanted to get that on the record to start with. And we will build six motorcoach lots basically per acre in here. If -- if -- if you're not familiar with Outdoor Resorts of A~%erica, it's a national company. It has resorts in Hilton Head and Palm Desert in Tennessee. It has one cut on Chokoloskee, currently have been in Collier County for many, many years. It's a very well respected company. ~nd has chosen Naples to be one of the sites for ~nat it calls its Ritz Carlton of outdoor resorts. This project will be specifically designed for motorcoach use only. And for those of you who may not be f~iliar with exactly the types of %~its that we're talking about here, I have some -- some pictures that will sort of give you an idea of what this type -- this resort will look like. This is -- th~se are pictures from all over the country. The project currently is zoned for a residential- As residential, of course, you know that it's going to be using tremendous amounts of water and sewer and electricity. As a motorcoach resort, this -- the impacts associated with the project will be substantially reduced. Traffic particularly is going to ~ reduced 20 percent at a minimum. ~nere will be no residents allowed on the site long -- so there will be no school children, therefore, there will be no impacts to the schools. T~is property is ~ agricultural field currently, growing potatoes, so there's no environmental impacts associated with this. To point out a little bit what our design is, to give you a better idea of what we're planning on doing out there, you're familiar with the location of the property on Immokalee Road. It's about a -- about three-quarters of a mile west of 951. Crystal Lake is about the same distance south on 951. The property is 78 acres approximately. We're pl~-ning on having internal lots for the motorcoaches, a par three golf course, which will be the first one in Collier County, first motorcoach resort in Collier Cou/lty to have an amenity such as a golf course, a clubhouse. ~%ere will be pool structures on each corner of the property, which will allow the residents to recreate and look out over the golf c~urse, ~ith spas and saunas and those tsq~es of things. We'll have our e~try road with a decel lane, a gate house. This will be a gated community, private roads, the ability for the vehicles Page 56 Auqust 21, 1997 to come off of the road to park to get out of the traffic. There will be a check-in spot as well as a gate house. In total, there are about seven structures on the property, permanent structures. The remainder will be a park like setting with heavy landscaping as you could see from the pictures that you see there, a well designed median and buffer strip in here because we want to look good. That's the primary purpose of this is to attract the types of units that you're seeing in there and those people want to have a ve~t attractive facility to come to. It's a very low intensity facility. The staff recognized that it would be compatible with the adjacent property owners. There's no noise, there's no -- there's no anything half of the year basically because there's a six-month limitation in the PUD that there will be no -- you cannot remain in this facility for longer than six months and that is within the PUD document° We are going to be putting a wall all the way around and one of the things we'd like to discuss at some point with the staff, and I haven't done this yet, is we'd like to increase that to an eight-foot wall along the two -- the three sides instead of a six-foot wall and we would be changing that in our PUD. We would also have a wall along In~r~oka!ee Road but not j~st along I~r~okalee Road. We will have a wall that also follows the entry drive, so as you drive on I~m~okalee Road, all you will see is the heavy landscaping be~ with the wall on top and a clubhouse. There will be no vehicles visible from Immokalee Road at all. And that's -- that really ~oes two ways. That goes -- because these folks don't want to look a~ Immokalee Road as well as try to keep it visually attractive from Immokalee Road as well. - In terms of the definition of motorcoach -- COmmISSIONER THOMAS: I found it. MS. CAWLEY: You found it in there. That definition is a definition straight from the motorcoach industry. And this is something that we are very proud of and is something that we want in this document because we want to limit the types of units that can locate in this project to those types of units that you see there. There will be no park models. There will be no third wheelers. There would be no camping. These will be lots that will be sold to individual owners with a pad and they will be monitored and maintained by Outdoor Resorts of America, check-in facilities and keepin~ track of the timing. Now, if there's a problem with somebody wanting to stay longer, it will not be the homeowner who come out there and say, you must leave because, you know, they're best friends or something. This is Outdoor Resorts of America that's doing this. They do this all over the country and, therefore, there will be strict controls on how these lots are used. And if, in fact, they can't get someone to leave, it will be a zo~½n~ violation and they'll have to be cited for that. We believe that we have complied with all of the rules and Page 57 16G 2 August 21, 1997 regulations. We're consistent with the Growth Management Plan. We are consistent with the zoning code. We are compatible with the adjacent property owners, we believe. We will be buffering heavily along all our borders, not only with the wall but we will be vegetating. And once you put in a -- a buffer screen along all the sides, you won't even know that this project is there. It will be very, very compatible. One of the other things that we've -- that we are going to be doing, this whole area is in what they call the Harvey Basin in terms of drainage. ~d when this project was originally approved, it was allowed to d~ain north across Immokalee Road into the canal to go out the Cocohatchee. That is no longer the case. We now have to drain to the south ~nd that goes through Island Walk and they were all upgraded. All their facilities are upgraded to accept the water from this entire Haz~ey Basin canal. Along our south easement or south property line, we are agreeing to a 30-foot wide drainage easement. This is not something that we need. We can have an outfall right here and get into the Harvey Basin. This is to allow for drainage of the Richland PUD and other PUD's to the east of us. It's a benefit to the adjacent property owners. That, in fact, we don't really have to do but we have agreed to do that 30-foot drainage easement. All in all, we believe that we are going to be a benefit to the community. It will be a beautiful facility and we'll make Naples a world class facility in terms of the motorcoach industry, and we ask for your approval. A~.y questions? C~IRMA,N DAVIS: Yes, Miss Cawley. In reading what a motorcoach is -- MS. CAWLEY: Yes. CH3~IRMAN DAVIS: -- it talks about Class A and Class C -- MS. CArnEY: Yes. CHA/RMAN DAVIS: -- with a minimum length of 24 feet. That would include then, I take it, the 24 to 26-foot mini motor homes? MS. CAWLEY: I'm going to let Mr. Henderson, Randall Henderson, who is the president of Outdoor Resorts, answer that question since he is so much more familiar with the motorcoaches. CHAIRMAN DAVIS: Please? MR. HENDERSON: My name is Randall Henderson. I'm president of Outdoor Resorts of America and, yes, your inquiry regarding the Class C's Country Coach and Beaver and the others have started because, as people get older, they can't drive the larger rigs as they once did, so they're making some really high quality what we call Class C or more often now the mini motor homes, but in fact that are 24 or 25. I thought it was 25 feet. I think we literally intended to put it to 25, would include the Class C or what used to be referred to as a mini motor home. Yes. CHAIRMAN DAVIS: That's how long it's been since I owned one Page 58 16G 2 August 21, 1997 ~. Nelson. COMMISSIONER >~LSON: Could I ask Mr. Henderson one more question? M~. HENDERSON: Yes, sir. COMMISSIONER NELSON: And again, you've probably obviously thought of this and figured it into it, but I've noticed that many people driving these motor homes are towing a car now because they don't want to get around town in a car (sic). Have you adequately adc~ressed that on these things? MR. HENDERSON: Yes, sir, we have. We are -- we're designing all the sites so they're double wide, if you would, because you have two things: One, they do tow cars more often than not; and, two, as anyone else visiting a resort community, they also have visitors from t~me to time. So, you really do need a -- an additional parking space on the site itself so we designed the pads throughout as double wide which gives them a place for their own automobile in front of their rig and it also lets them -- if a guest does come by, they've got an additional parking space in front of their patio. CO!~MISSiONER ~LSON: And I have just one last question. I now see also that motor homes have sides that slide out and I wondered, you k~ow, what's going to be the limit on that? ¥~K. H~q~DERSON: I think -- I hope they've reached the limit. They've now gone to 45 feet of length. I think that's the limit legally. They now have got slide outs as well. The motor -- the travel trailers do, too, but the motor homes have slide outs up to about 32 inches. Just push a button and they go out and what it really does is enlarge the living room and the bedroom generally. And wha~ we've done to try to accom~odate that change in the industry is we've m~.de our pads much wider because we require that they have those things completely over the cement, otherwise it would interfere with our ability to maintain the grounds. We have -- everything is irrigated and l~ndscaped and if someone could just pull in and push a button and extend out over the grass, the riding mower or push mowers would make it more difficult to maintain the grounds. CHAIRMAN DAVIS: Any other questions? (No response.) CHAIRMAN DAVIS: Thank you. Next speaker. MR. SAUNDRY: Good morning. My name is Kenneth Saundry. We're the owners of the residential area in the Richland PUD adjacent to this property. And I did send a letter to Mr. Davis' office. It is my letter that you looked at there. We object to this request to allow this use in the adjoining PUD. The comments made by the representatives here that this is compatible with surrounding property owners and in keeping with the are_~, L think, is a judgment and our judgment is that it's not. Tl~ere has been coming to my attention representations that the applicants have spoken to the county commissioners in Brevard County Page 59 16G August 21, 1997 and have told them that the surrounding property owners have been consulted and that they didn't have a problem with this, that's -- that's not a true statement whatsoever. COMMISSIOneR OATES: Pardon me. But you said Brevard County. Was that -- MR. SAUNDRY: I'm sorry. I lived in Brevard County. I would certainly appreciate you correcting that. We're in Collier County here. Old habits are hard to break. I'm sorry. I've been a 20-year resident of Brevard County. I would say that those statements are not true. They're not false. The only time I ever have seen this design whatsoever was a third hand fax tha~ came to my office from an owner of another. This land that's spoken about is vacant agricultural land, including our land that's vacant, about to break ground, are not in favor of this. We think it is not in keeping with the area. In the matter of densities, this is being developed right up next to the maximum density. In the Richland PUD, adjoining this property to the east, our maximum density would have been just shy of six units per acre. We're -- we have a plan on file. We're about to break ground in -- within two, three weeks at three units per acre. We're doing a ~aality gated deed restricted community with a direction to be affordable to families. And this is families that live here in Collier Co~lty~ The con~r~ents about 150,000 square feet of commercial in Richland PUD is -- that might have been somebody's drawing but there's no more land there to accommodate more than 51,000 s~are feet of commercial there and when we did our plan, we made sure to buffer that commercial with a 38-acre preserve so it is not going to be detrimental and none of our people are ~oing to look at the back of a commercial development. We've taken great care with ours. The idea that -- that there's increased de~nd for motorcoaches, there may be increased de~.and but it's not people in Collier County that are demanding it. It's not your citizens that elected you to this board. We don't think that -- COMMISSIONER OATES: We're not elected. !~R. SAUNDRY: Yes, sir. Appointed. Thank you, Mr. Oates. Our opinion is we don't think it's compatible with our surrounding use. We have several million dollars invested in our ground. We're about to break ground on a quality lower density, half the density that's allowed in Collier County, and we don't think it's compatible for our homeowners to look out their back door and see motorcoaches all down the western side of our development And I wanted to take this opportunity to address the Planning Co~nission. If you have any questions, I'll be glad to answer them. COMMISSIONER THOS~S: Okay. But you're the Richland PUD, right? MIR. SAUNDRY: Yes, sir, that's correct. CHAIRMAN DAVIS: The residential portion of it. COS~ISSIONER THOMAS: Excuse me. Right up the street from the Crystal Lake. Page 60 16G 2 August 21, 1997 PSl. SA'J~DRY: It's across the street. COMMISSIONER THOMAS: Yeah. Okay. CI{AIRMAuN DAVIS: And you did say yours -- your plans -- you're three tunits per acre. MR. SAUNDRY: Yes. CHAIR/ZAN DAVIS: And it's a -- it will be a gated community. MR. SAUNDRY: Yes. We're doing a gated deed restricted community adjacent to this property and we're about to break ground and we took great pains. As i said, we're developing at much lower density than is allowed and it's my understanding that that's Collier County's direction not to develop at maximum densities but to try to be moderate. Especially when I bought the property next door, when we looked into it, we took great pains to research and look at what was planned to this property and it was residential PUD with low to medium density type development. This is at the eleventh hour. I'm about to break ground and now I find an RV park going next door. I would not have gone to contract on that property. I would not have purchased it had I known that was going to be the adjoining neighbor. CHAIRMAN DAVIS: Your -- your gated community of the residential portion of the Richland PUD is about -- is how n~%ny acres? MR. SAL%TDRY: A hundred. C~,I}LMAN DAVIS: A hundred acres. MR. SAUNDRY: Yes. It's 98, just shy of a hundred. And it's -- it's been s'~bmitted to Collier County as Pebble Brook Lakes. That's the name under which it's been reviewed. C}{AIR~AN DAVIS: ~y other questions? - COI.~ISSIONER BRUET: Yeah. C?LAI~,D~ DAVIS: M~. Bruet. COb~MISSIO~R BR~T: ~. Chairm~n, I'm very familiar with Ken's project that he's going to have next door. It's going to be a very nice cor~=~unity, as he says, kind of an entry level home and all, but, Ken, with -- with the landscape buffer, a block wall all the way around all four sides and some improvements they're making for your -- for your drainage system, this doesn't get you a little more comfortable with who your neighbors will be? MR. SAUNDRY: Well, with a -- you know, as in anything, the wishes of Collier County are going to be the wishes of Collier County and we would do our best to be a compatible neighbor with whoever is next door to us. I'm making my wishes and opinions known now. My problem becomes if people build two-story homes in Pebble Brook Lakes and there's -- and I can't -- I don't control where somebody builds a one or a two, but I don't want to have a whole -- down the whole western side of my property that no builders are going to want to build a two-story home there because they're going to be looking do,~rn in the back of motorcoaches. The design of this project might be fine as a motorcoach resort but it was designed for the resort, not with the adjoining property owners in mind. Page 61 16g 2 August 21, 1997 Our people would all look at the back of motorcoaches down the whole eastern side of their property. COMMISSIONER BRUET: But you don't think that -- COM/~ISSIONER THOMAS: You're going to have the same problem when you look out to your east because you've got a mobile home -- that is a mobile home or RV park at Crystal Lake. But I think the kind of buffering that you see along Crystal Lake is the kind of buffering you're going to get at this property and -- and -- and you might not even know what's on the other side. MiR. SAUNDRY: Well, Crystal Lake, I think there's a big difference as Crystal Lake relates to my project as this one does. Crystal Lake is all the way across 951 and then those homes don't start for another several hundred feet behind their entrance. I don't ew~n think if somebody stood on the roof in their two-story home in Pebble Brook Lakes they'd be able to see the units in Crystal Lake. 7~d it was there. I mean, it was already there. I saw it. I ~ew where it was. This wasn't here and I didn't have an opportunity to know this would be here until I've gone through two years of permitting. I've spent two and a half million dollars on property and I'm about to put three million dollars' worth of ~menities and infrastructure into my property and this comes up. This is my only opportunity to make my wishes expressed. I don't think from what I read in the paper and from what I hear around town that the mood of Collier County has been for maximum density development. And I think that these units -- this type of development is much more compatible out near 1-75 or in a more rural are~ than this one. This is -- this is a development corridor of Collier County here. By the way, I will mention that my planners and engineers I've designed to have a mile long bike path at my expense built all the way from my entrance on Immokalee Road all the way to those schools to get the children to the elementary and the high school. And I'm building a ~ate through the school board's fence under the junior high right where they want it so my children can safely get to school out of that subdivision. It's pretty hard for kids to get around motorcoaches coming in and out of that entrance there. CHAIRMAN DAVIS: Thank you. MR. SAUNDRY: Thank you. CHAI~ DAVIS: Next speaker. MR. WHITE: My name is John White and I'm also -- I'm an attorney but i also have a company and we have a building entity. And we have a com~nitment to buy a substantial number of lots from Ken in his new subdivision. And I personally am very concerned about an RV park going in next door. ~ith the -- with the way this RV park has been site planned, the units themselves will be backed up to the edge of the property. And -- and there may be a fence to be -- there's going to be a wall Page 62 2 August 21, 1997 constructed there? How tall is that wall going to be? MS. ~AWLEY: Eight feet. MR. WHITE: All right. And how long of a -- how large of a landscape buffer is there planned? MS. CAWLEY: Fifteen feet. MR. WHITE: Fifteen feet of landscape buffer? Well, but -- and -- and so, the -- the actual location of those RV's are going to be less than 20 feet from the rear of the homes that we're going to be constructing in the subdivision. And -- COMMISSIONER THOMAS: I don't -- i have a real problem with that, the numbers you just gave me because you're going to have a rear yard setback, today a rear yard setback that's -- that's -- that's going to m~ke it more than 20 feet. MR. ~tITE: I don't think so. I think our lots are going to be -- there may be a 20-foot setback, but if we got -- if there is a -- if there's a 15-foot landscaped buffer and -- and then -- and then 20 feet from the back of our house, but our back-yards are going to be up to the edge of their property, then -- then their units are going to be 15 feet away from the back edge of our property ~nd people are out enjoying our backyards, then because of the nature of RV vehicles, the air conditioners are going to be running, those air conditioners are substantially louder than the air conditioning ,~nits on a residential home. It's going to -- it's really going to create a burden to something that's very unreasonable to those homes that~ are backed up. This -- this plan see~ns to be site planned more to maximize its density than to make it compatible with the adjacent properties. It would seem to me if their goal was make the property co~mp~atible, that they could have looped the road with -- or looped their project with an exterior road and then develop their -- their pad locations on the interior -- on tke other side of that loop road. A,nd that would add some additional difference and create a little additional compatibility for the adjacent property owners. In other words, if there was an exterior loop road that would then have no P3;'s on the exterior of that road, that would be between their interior road and the interior permanent border of their property and that would sure make it a whole lot more compatible with the homeowners on the adjacent of that property. I think we've had letters here that indicate that all of the property owners that are contiquous to this piece of property have objected to this plan. And it would seem to me that if this commission or if this board would see fit to approve this kind of a plan, that it could impose a condition to loop that road and provide some additional buffering to the properties. Is that something that would be compatible with your -- MR. HENDERSON: I would like to address some of your concerns. CHAIRMAN DAVIS: We'll wait -- we'll wait and have the comments at tbe podium -- I(R. ~ITE: All right. CHAIRM3~ DAVIS: -- and he can respond to your question at the Page 63 August 21, 1997 podium. M~. WHITE: That's all I have, thanks. CHAIRMAN DAVIS: Thank you. COMMISSIONER BRUET: Could we clarify one thing though, Mr. -- CHAIRMAN DAVIS: Yeah. Please. COMMISSIONER BRUET: From the staff. If they -- if a residential development took place there, they could put seven units per acre in? Is that correct? MR. BELLOWS: Six. It's approved for six currently. CHAIRF=Alg DAVIS: So, the density of the motorcoaches and the density of homes is the same. I~R. BELLOWS: Yes. CI{AIRMAN DAVIS: Thank you. MR. BELLOWS: But I'd like to .qualify the point -- COMMISSIONER BRUET: You -- you -- it says here that the maximum density for this area would be seven residential units. MR. BELLOWS: Possibly, yes. COMMISSIO},rER BRUET: Right. Well, that's what I asked. To the .maximum J.f a residential community were there, they could put seven units per acre in. MR. MULHERE: No, they couldn't. They can only put six. MR. BELLOWS: They're currently approved for six -- MR. MUL,g_ERE: Excuse me. Thanks. Under the density rating system, they could ask for up to seven ,units per acre. COMMISSIONER BRUET: Okay. ~t. h73LHERE: Okay. They could qualify for seven -- up to seven, but what they're approved for, six. "COF~fISSIONER BRUET: All right. But they could have asked for seven. CHAIRMA/~ DAVIS: That's -- CO~LMISSIONER R~OMAS: No, no. This is a PUD amendment. The existing POD is approved for six. COMMISSIONER BRUET: All right. All right. I see it. I see what you're saying. Okay. MR. WHITE: And one additional comment is we're planning on constructing a number of two-story units. That's going to be part of our building plan. Again, we're trying to construct an affordable home to a start-up community and -- and we can create more value with these two-story homes. On that second story, we're Going to be overlooking a sea of used trucks and -- and that's pretty much the bottom line to it. And it's just difficult to sell that kind of a concept to a residential owner buying into a subdivision, so -- CHAIRMAN DAVIS: Do you have any -- could you tell me what your l~rOD, osed -- excuse me. You're in the -- up here. What sort of price range are your -- are you in? MR. WHITE: We're in the high one hundreds to low two hundreds. COMMISSIONER THOMAS: Say it again. Page 64 August 21, 1997 MR. WHITE: The high one hundreds, starting at probably $175,000 and we'll go into the low $200,000 price range for our homes. COMMISSIOneR THOMAS: And then the further statement is starter homes. MR. ~{ITE: I beg your pardon? COMMISSIONER THOMAS: And you further stated it's starter homes. MR. WHITE: Starter home on the north side of town and a gated community. CHAIRMAN DAVIS: I've been looking and -- I've been looking and, sadly, he's right, although I disagree. ~,. WHITE: I agree it's a sad commentary but the -- it's pretty sad. CHAiRMAn; DAVIS: Yes, it is. COMMISSIONER THO~4AS: I'm sorry, ~. Chairman. On that note, I've got to leave. I've just got to go. CHAIRMLAN DAVIS: Mr. Thomas is departing'. Yes, sir. Did you have something to add? If you could, restate your name for the record. M2~. SAUNDRY: My name is Kenneth Saundry once again. I just wanted to say Mr. ~lite's is not the only company building in Pebble Brook Lakes and the other builders are speaking about starting their homes in the range of one fifty ranging to two hundred. It is even more affordable than the one seventy-five to two and a quarter. People have different choices. CHA. i~4AN DAVIS: 14y starter home more years ago than I'd like to mention was twenty-seven eight but -- CO~4ISSIONER OATES: My starter home was 16,500. CHAIR/WJ~ DAVIS: You're a lot older th~n me. -COmmISSIONER OATES: Yeah, I know. CHAIRMAN DA'~IS: Yes, ma'am. MS. BISHOP: My name is Karen Bishop. I represent the owner and I was a potential home buyer in here, also. I wanted to clear up a couple of the items concerning the water management specifically. We currently already have our South Florida Water Management permit. We will not be draining to the east through their property. We drain directly to the south, through the school's property. So, their ditch really will have no impact on our current drainage as it stands. Let's see. What else? One of the things that as a potential buyer in there that I was concerned with, and I'm not going to rehash everything they all said because it's kind of redundant, but for me, I have three children that would be going to one of those high schools or to those schools and, you know, theoretically, on bicycles. And I'm conce=~ed about the maneuverability and the visual ability of these people to see these kids since they're not -- they're not permanent residents. If it was a residential home next door, they would be aware and possibly would be a part of the children going to school. Since they are just coming on vacation, they may not be aware of that and that Page 65 August 21, 1997 movement through our -- through our neighborhood, I think, could be somewhat of a detriment for the kids. CHAIRMAN DAVIS: Okay. Anyone else to speak? Yes, sir. MIR. HI/FF: For the record, my name is Dean Huff. I'm with Coldwell Banker, a commercial company. I'm representing the Seminis Seed Company, formerly known as the Asgrow Seed Company. They're very upset about this. They -- they have a contract working on it at this point for upgrade homes, residential homes, single-family homes. And although this has been explained as a beautiful park and I've been in those parks and I really appreciate them, but people my age still call them a mobile home park. ~nd back home they call them just a mobile home or a bus, mobile bus with wheels on them, mobile home, you know. ~d pretty soon it's just another mobile park. And they'll say, where do you live? Next to the mobile park. Well, nobody wants to hear that. I think 951 is a good barrier for raobile home parks in Collier County. Again, I've been in several of these. These people presented this nice].y but i really believe that these -- this is a detriment to the area. i ~ope you can see it that way. Thank you. C}{AI~4AN DAVIS: Anyone else to speak on this petition? (No response.) CHAiRMYuN DAVIS: Does the petitioner have anything to add in closing? MS. CAWLEY: Yes. I have a couple of things. I appreciated the co~ents of the adjacent property owners. One of the comments by Mr. Saundry, which I found interesting, as to the density issue about having six units an acre allowed in Richland as well as six units an acre allowed in Laurelwood, which is this PUD currently. Under the zoning code, a motor home resort would be allowed 12 units an acre. And the reason for that is because the impacts are so much less when you look at the -- the water, sewer, traffic, school facilities. So, Collier County has recognized that there's no reason to keep the densities for motorcoach and residential the same. We are half the density that's allowed under the code. We are half the motorcoach code. We are -- we are so far now reducing density with six units of motorcoach, it's not even equivalent to six units of residential in reruns of any kind of impact association. Concerns about the two-story homes. The buffers that will be built along the boundaries of this property will shield any -- any problems with the homes. They've already got pine trees all long their -- their boundary. Those can stay. Those probably should stay because they're native vegetation. They're very tall. We will be putting in ficus and other types of vegetation that grow up tall. There are ways to solve that problem and those will be solved by us because we want to be good neighbors. We don't -- this is a company that doesn't go into a place and -- and create problems. They Page 66 16G 2. Auqust 21, 1997 try to create a great amenity for the citizens as well as for people who come here and spend a lot of money. They may not be permanent residents but they come to our community and they bring in a lot of money to the restaurants, to the shopping centers. So, they are -- they are of benefit to the community just like the people who go down to the beach and stay in the condos. It's the same type of idea or into the Ritz Carlton and stay there. The drainage issue, we had a meeting with John Boldt who is the, as you know, the manager of Collier County's drainage and facilities. And he e×plained to us that that 30-foot easement was required in order to help the Richland PUD. If that's not the case, we are happy not to have to give it if -- if we can ~et by with that. That would be fine with us. But we would .-- we were trying to be good neighbors based on our conversations with Mr. Boldt. ~d for the school children, these folks are not out at school times. This is -- they don't -- these folks are primarily retired folks or vacationers. They aren't out to run over school children as they're waikinq by their property. That's just absolute ludicrous. These people are going -- are fine citizens who are going to be coming to our co~unity. And, basically, I can't find anything that creates an inconrpatibility. That is allowed under your Growth Management Plan. It's a perfectly logical use for this property and it will be well buffered ~nd maintained with adjacent properties. Finally, we did meet with Master Craft Homes and I want to bring -- put that on the record. These are -- these are -- this is the group that's building to our east, it's our understanding. And they have-indicated that they are in support of the project. We are going to be getting a letter from them. MR. HENDERSON: To the east. That's me. MS. CAWLEY: I'm sorry. I'm sorry. To the west. I'm getting my east and west mixed up. To the west. To the west. And they have indicated that they are in support. And they will be writing a letter if not showing up in support of the project. And Mr. Henderson would also like to address -- CHAIRMAN DAVIS: One point, Miss Cawley. MS. CAWLEY: Yes. CHAIRMAN DAVIS: You'd mentioned before about increasing the wall height to eight feet? MS. CAWLEY: Yes. We would like to do that. That's something that we would request to do. CHAIRMAN DAVIS: Okay. And, also, I think -- and Mr. ~enderson can comment on this -- an increase to 25 feet in the minimum length from 24? MR. }LENDERSON: typo. c-TIkIR14A~ DAVIS: (No response.) CHAIRMAN DAVIS: Yes. That would be fine. That probably is a Any other questions? Thank you. And, Mr. Henderson, did you have Page 67 August 21, 1997 something to add? MR. H2~NDERSON: The gentleman was asking about the 15-feet buffer zone between the wall and then he mentioned the fact that the recreational vehicles or the motor homes actually would be within 15 feet of the wall. That's not the case. That IS the rear end of the lot. That's where the lot line joins the buffer line. The pad on which the vehicle actually is parked is about ten foot forward of that, so we're talking about in the neighborhood of a 25-foot distance between the motor home, the rear of the motor home and the -- the wall itself. The other thing we -- we'd like to do is, certainly, we don't w~t to create a problem. We want to see their development done. They hope they get the co,~nercial activity up there. It would be the closest proximity to our facility. We don't plan any commercial facilities and we're willing to meet Mr. Saundz~ more than halfway in adding the vegetation to that borderline that would enable us to effectively screen it. CHAIF~ DAVIS: Okay. Thank you, Mr. Henderson. MR. HEndERSON: Yes, sir. CHAIRMAN DAVIS: I'll close the public hearing. Motion? COPH~ISSIONER OATES: Mr. Chairman, I move we submit pUD-94-7(1) to the Board of Ceunty Con~issioners subject to the stipulations -- with the stipulation, I guess. Could we do this now, Marjorie? Can we suggest that the wall be eight feet tall? MS. STUDENT: Yes. COb~w. ISSIONER OATES: As a stipulation? MS. STUDENT: As a stipulation and a change in PUD, yes, you may. - COMMISSIONER OATES: Thanks. COMMISSIONER BUDD: Second. CHAIRMAN DAVIS: Motion by Mr. Oates to recommend approval, seconded -- MR. BELLOWS: Does that also include the -- CHAIRMAN DAVIS: -- by Mr. Budd. We'll clarify that and with the stipulation I asked Mr. Henderson about for -- COMMISSIONF-~t OATES: Oh, yeah. The 24 and five feet. I'm sorry. CHAIRMAN DAVIS: So, with those two stipulations, is there a discussion on that motion? COMMISSIO~q~R BRUET: That's an eight-foot wall and a 24-foot height and vegetation; is that correct? CHAI~ DAVIS: No. Twenty-four -- five feet on the length of the -- under the definition of a motorcoach. COMMiS$IO~ER BRIrET: Oh, okay. CHAIRMOkN DAVIS: You mentioned it was -- actually should be 25. CO~ISSIONER BRUET: I understand. CHAIRMAN THOMAS: And an increase in the height of the wall to eight feet. COM/(ISSIONE~ BRUET:. Eight feet. M~. C~EY: On three sides. CHAI~ DAVIS: Yes. Page 68 August 21, 1997 Any -- any more discussion on the motion? (No response.) CHAIRMAN DAVIS: All those in favor, signify by saying aye. Opposed? (No response.) CHAIRM~N DAVIS: Carries unanimously. PUD -- excuse me. Yes. P~-97-6. Mr. Nino. (A recess was had.) CHAI~%/q DAVIS: Mr. Bruet's back in the room so we'll call the meetino back to order and we'll ask -- I'll ask that any people present today that are going to speak on this petition to please stand, raise your right hand so the court reporter may swear you in. (The speakers were sworn.) CHAIRMAN DAVIS: Mr. Nino. MR. N~O: Yes. Ron Nino for the record. PUD -- COPLMISSIONER OATES: Mr. Chairm~, for the record, I had a conversation with Mr. Pires relative to this petition. CO~MISSIONER BRUET: Mr. Chairman, ! had the same. One of my conversations was with Mr. Du~ne. CrlAI~kN DAVIS: Ail right. MR. N~O: The petition that's before you would ask you to recommend rezoning 9.089 acres of land at the southeast corner of U.S. 41 and Ta~r~iami Trail North and Wiggins Pass Road from A agricultural and C-2 to PUD. Currently, the most southerly three acres of the property in question is zoned C-2 and the northern portion, approximately six acres, is zoned agricultural. The land along the Tamiami Trail or U.S: 41 north and south of the subject property is zoned C-2 on the south and C-4 on the north. As you all know, this property lies opposite the Germain Automotive complex. This entire intersection is an activity center which is basically a policy statement that says we anticipate comraercial development at some point in the future. To the east of the subject property, we have mobile home parks, both on the south and the east and the north in part of the subject property. You all should appreciate that Wiggins Pass Road is a private road and was built by the Krehling cement products people and is extremely heavily used with cement trucks and aO~regate material. Inasmuch as this property is part of an activity center, obviously an application to rezone the property to a commercial PUD is consistent with the future land use element. With respect to traffic impacts and consistency with the traffic circulation element, technically this PUD will not ~enerate traffic in ~xcess of five percent of loss C; however, as we point out in the staff report, U.S. 41 is operatin~ at a deficient level of service. Currently, it's operating at a loss F and -- however, it's widening to six lanes -- is scheduled by FDOT for the year 1999 and inasmuch as it's within that appropriate window, it is technically consistent with the future land use element. Page 69 16G 2 August 21, 1997 I had indicated that as -- I -- I'd wanted to take that in my staff report, unfortunately addresses -- addresses the concern that would have you phase the project. Mr. Pires and Mr. Duane, prior to my departing for my vacation, discussed the issue and they pointed out that, you know, technically it is consistent with the traffic circulation element and, therefore, I wasn't really justified in asking you to submit a phased project. I'd indicated to them, and I apologize for that, that I would amend the staff report and this matter wouldn't be coming up at this point in time. And I thought I did that but I guess on the excitement of going on my vacation, I didn't do that. So, I'm asking you to forget that part of my staff report that deals with the phasing program. Does that make you happy? CHAIRMAN DAVIS: So overlooked, Mr. Nino. MR. NINO: Otherwise, the -- the report, the PUD, as structured, is consistent with all of the elements. You'll -- you'll note the conservation and open space element is preserved. The standards and the PUD addressed standards that are exactly the same as they would be for the -- the level of commercial activity that they're asking for. You'll note that Tract E in the PUD would have a mini warehouse type of development going there, whereas the frontage properties would be more in line with the typical C-3, C-4 uses. We think -- we think the -- the PUD and the land use strategy as proposed is the appropriate use of that land. The staff report suggests that -- that a neighborhood ty~e of land use, a neighborhood type of retail would really not be appropriate for that, that it's more your inter-county type of a co,~,ercial development that's going to be the most attractive for that site. In any event, to the northeast, a large shopping center will inevitably some day be built and that will address the more retail type of land use activities. We conclude that this petition is consistent with all elements of the -- of the Growth Management Plan. It represents adequate buffering between the mobile home ~ark, which is the only residential component, and to that extent, I have a letter that I want circulate to you that basically says if this property is going to be rezoned that we do an adequate job of providing buffering from the -- one of the -- one of the owners of a mobile home lot on Cove -- on Royal Cove Drive. And I think this petition does that. As a matter of fact, I explained to that person that the property up against their lot based on the master plan was also set aside as open space and that seemed to make them very happy but they said we w~nt to go on record as putting it in writing. CHAIRMAN DAVIS: The buffering appears to be more ~a%~ -- MR. NIFO: Yes. CHAIRMAN DAVIS: -- on the PUD master plan. Page 70 16G 2 August 21, 1997 MR. NINO: Yes. Yes. So, we heartily endorse your recommending approval of the PUD. There's some minor housecleaning that I think needs to be done. I don't think Miss Student has completed her review of the PUD and -- and so, to that extent, there might be some minor formatting issues that need to be addressed. The EAB heard this petition. They recommended approval subject to the inclusion of certain conditions in the PUD. Mr. Duane has -- has contained those -- provided those conditions in the PUD. We recommend approval. CHAIRMAN DAVIS: Questions of staff? Mr. Nelson. COMMISSIONER NELSON: Yes. Ron, because of the unusual level of excitement you had in leaving, would you mind telling us where you went on vacation? MR. NINO: I went to northern Ontario, Saulte Sainte Marie, Ontario. Great weather. ~AIRMAN DAVIS: With that, Hr. Duane? MR. DUANE: Yes. For the record, Robert Duane from Hole, Montes and Associates. And Mr. Pires is here also with me representing the property owner. One clarification, Mr. Nino. The mini warehousing, we're not limiting ourself only to that use on Tract D but mini warehouse can only occur on that tract. MR. NINO: Yes. MR. DUANE: I just wanted to make -- MR. NINO: I stand corrected. MR. DUANE: -- that distinction. Otherwise, we're in agreement with all the staff stipulations and appreciate your indulgence today. - CHAIRMAN DAVIS: Any questions of the petitioner? This is kind of a moot point, but is there anyone else here today to speak on this petition? Seeing none, I'll close the public hearing. COMMISSIONER OATES: Mr. Chairman, I move we approve -- or pardon me -- recoa=~end for approval PUD-97-6 subject to the staff's stipulations about changing the one stipulation that has to deal with phasing. COMMISSIONER PEDONE: I'll second that. CHAIRMAN DAVIS: Motion by Mr. Oates to recommend approval, seconded by Mr. Pedone. All those in favor, signify by saying aye. Opposed? (No response.) Carries unanimously. Last but not least -- COMMISSIONER OATES: Mr. chairman, I note on the rezone criteria number like the -- CHAIRMAN DAVIS: On the conditional use? CTH~L~iISSIONER OATES: Two, three, fourth sheet is not signed or notarized by the owner. Also, back further on and rezoned criteria a little bit later on, there's nothing signed by anybody. It's not Page 71 16G 2i August 21, 1997 signed by the agent, the owner, notarizations, none of them. None of those are in there. CHAIRMAN DAVIS: Mr. Nino. MR. NINO: I guess I -- I agree they're not signed; however, the signature of the petitioner or agent is Mr. Ferguson has signed the petition. We can take care of that oversight and have Mr. Ferguson or the homeowner sign the -- COMMISSIOI~ER OATES: Well, Mr. Ferguson isn't the owner. MR. DUANE: Mr. Blocker was supposed to have -- you didn't receive his signature? CHAIRMAN DAVIS: I didn't, no. MR. FERGUSON: For the record, Tim Ferguson, representing E1 Expresso and the Blockers, who are the owners of the property. MR. NINO: I -- I have talked to Mr. Blocker, though. And I k~ow that he's -- COMMISSIONER OATES: I think we should have that. MR. NINO: -- knowledgeable about this petition. COMMISSIONER OATES: No. I understand that, but I think for the record we ought to have that -- . MR. NINO: Yes. COMMISSIONER OATES: -- completed before it goes to the board. MR. NINO: Correct. CHAIRMAN DAVIS: And that certainly can be accommodated prior to going to the BCC. MR. NINO: Yes. CHAIRMAN DAVIS: Okay. All right. MR. NINO: The petition that's before you would -- CHAIRMAN DAVIS: Just a -- I need to -- we need to swear e ePybody in. Ail those present that are going to speak on this petition, raise your right hand. (The speakers were sworn.) CHAIRMAN DAVIS: Mr. Nino, you might take note that the residents of Immokalee are not here screaming about the conditional use today. MR. NINO: So noted. Ron Nino, again, representing Petition CU-97-9. This petition is in the community of Immokalee. The property is currently zoned C-5. I might point out that a C-5 -- a C-5 zoning classification allows the sale of transportation tickets, airline tickets, bus tickets, et cetera, but does not allow the stationing of a vehicle for embarkation and what have you. COMMISSIONER OATES: Could they use one of those like cow catcher things that they used to have that grab the people as they drive by? MR. NINO: The property is located on SR-29. You know, you come into Immokalee via Main Street and the property is located at New Market Road and East Main Street, just basically an industrial type area here, basically industrial down in here. Quite frankly, I'm -- and as a matter of fact, it's industrial to the -- to the north of it. For all practical purposes that C-5 is surrounded with industrial zoning and, quite frankly, we are surprised Page 72 16G 2 Auqust 21, 1997 that it's not zoned industrial. We've evaluated the condition of the criteria for autkorizing conditional uses. The staff finds that the -- that certainly the criteria for a conditional use is met by this petition by the use that is proposed and -- and to make a long story short, we recommend approval subject to the conditions that are noted in the -- in the resolution of adoption. There is one -- one issue that I promised Mr. Ferquson that I would talk to you about and that is the condition that says before they can do anything with the property, they need to have a site plan approved. Well, they're currently operating and that would impose a significant hardship. I would suggest -- my suggestion is that Item C be amended to simply require that they submit a Site Development Plan so that we can address the issues that are normally addressed for a Site Development Plan but that not be a precondition to them starting use of the property which they're already doing. CHAIRMAN DAVIS: Okay. So noted. Anything to add, Mr. Ferquson? MR. FERGUSON: No. We concur with the staff that worked really well with us and I just want to note for the record that we really appreciate their patience on this petition and if there are no other questions, I'll -- CHAIRMAN DAVIS: Okay. And no one else to speak on this petition today, I'll close the public hearing. COMMISSIONER OATES: Mr. Chairman, I move, after filling out my fin~ing of fact sheet, that we recommend approval of Petition CU-97-9 subject to the staff's stipulations with the correction of the one relative to the Site Development Plan. CHAIRMAN DAVIS: Item C? COM){ISSIONER OATES: Yes. C}IAIRMAN DAVIS: Motion by Mr. Oates -- COMMISSIONER BUDD: Second. CHAIRMAN DAVIS: -- seconded by Mr. Budd, a recommendation of approval. All those in favor, signify by saying aye. Opposed? (No response.) CFOkI~ DAVIS: T~__at carries unanimously. Having no old business or new business, I adjourn the meeting. There being no further business for the Good of the County, the meeting was adjourned by order of the Chair at 11:55 a.m. COLLIER COUNTY PLANNING COMMISSION Page 73 1_6~ 2 August 21, 1997 MICHAEL A. DAVIS, CHAIRMAN TRANSCRIPT PREPk~ED 0~ BEHALF OF GREGORY COURT REPORTING SERVICE, INC. BY ROSE M. WITT, RPR Page 74 South 3301 Gun Club Road, West Palm Be~ch, Florida 33406 · (561) 6g6-gg00 · Fl. WATS 1-800-432-2045 TDD (561) 697-2574 ADM 02.06-04 September 25, 1997 Hon. John Norris, Chair Collier County Commission 3301 E~t Tamiami Trail N~ples, FL 34112 Dear Mr. Norris: Enclosed is a certification of the lands in your county lying ~vithin the boundaries of thc South Florida Water Management District. Also enclosed are copies of Resolution number 97-53 "Adopting tlc Tax Rates and Certif)dng tlc Levy for the South Florida Water Management District and the Big Cypress Basin" and number 97-54 "Adoption of the Budget for Fiscal Year 1997-98". Sincerely, Michael Slayton Deputy Executive Director MS/rs c: County Property Appraiser w/o attachment CERTIFIED MAIL Enclosures (4) ~isc. Corres: Date: _!0/-? //~ Get,ern lng Boa rd: Frank x, Villiamson, Jr., Chairman Eugene K. Pettis, Vicc Chairman Mitchell W. Bergcr Item# Copies To: Vera M. Carter William E. Graham William Hammond Mailing Address: P.O. Box 24680, West Palm Beach, FL 33416-46~ Richard A. Machek Michael D. Minton Miriam Singer Samuel E. Poolc ]II. Executive Director Michael Slav~on Depu~ Executive Direr-tot !68.2 South Florida Water Management District 3301 Gun Club Road, We~t Palm Beach, Florid~ 33406 · (561) 686-8800 · FL WATS 1-800-432-2045 TDD (561) 697-2574 CERTIFICATE I, TONY BURNS ,Assistant Secretary to the Governing Board and Official Records Custodian of the South Florida Water Management District, do hereby certi~ that the following document(s), attached here. to and described below, is(are) a true and corred copy of the official records of the South ~:lorida Water Management District, which are kept in the usual and ordinary course of business. Resolution #97-52 - Adopting the Tax Rates and Certifying the Lev,/for the South Florida Water Management District, the Okeechobee Basin of the South Florida Water Management District, and the Everglades Construction Project within the Okeechobee Basin. Resolution #97-53 - Adopting the Tax Rates and Certifying the Levy for the South Florida Water Management District and the Big Cypress Basin of the South Florida Water Management District. Resolution #97-54 - Adoption of the Budget for Fiscal Year 1997-98. Dated d;is 23rd day of September , 1997. ~nt Secreta~/ Gwerning Board: Frank Williamson, Jr., Chairman Eugene K. Pcttis, Vice Chairman Mitchell W. Berger Vera M. Carter Richard A. Nlachck Samuel E. P,xde Ill, Executive Director ~,Villiam E. Graham Michael D. Minton Michael Sla~non Deputy Executive Director \Vi!liam Hammond Miriam Singer Mailing Address: P.O. Box 24680, West Palm Beach, FL 334164680 SOUTH FLOtLIDA WA'IF.I/MANAGEMENT DISTRICT iLESOLUTION NO. 97-53 ADOP'FENG TI-EE TAX RATES AND CERTEFYING TI-EE LEVY FOR TI-EE SOUTH FLORIDA WATER MANAGEMENT DISTRICT AND TI-~E BiG CYPRESS BASIN OF TI~E SOUTH FLORIDA WATER MANAGEMENT DISTRICT WHERF_d~, the Governing Board of the South Florida Water Management District in compliance with and by authority of'Chapters 200 and 373, Florida Statutes, as amended, and Chapter 25270, Laws of Florida, Act of 1949, shall on September 23, I997, adopt its budgrt for Fiscal Year 1997-98 and shall approve and confirm lists of lands ag'ainst which taxes of'the District and the Big Cypress Basin are to be u. ssessed; WHEREAS, it is determined that a tax levy of'two hundred eighty-four thousandths mill (.284 mill) ($.284 per $1,000 of'assessed value) upon all property lying within the District subject to the District's tax is necessary to provide funds for District budgeted expenditures; and WHE~, it is determined that a tax levy oftwo hundred seventy-eight thousandths mill (.278 mill) ($.278 per $1,000 ofassessed value) upon ali property lying within the Big Cypress Basin subject to the Basin's tax is necessary to provide funds for Big Cypress Basin budgeted expenditures; and WHEREAS, it is determined that the combined total tax levy of the District and the Basin is five hundred sixty-two thousandths mill (.562 mill) ($.562 per $1,000 of assessed value); and WHE~, the millage rate to be levied by the District for the District tax is 3.27 percent (3.27%) · gre=ter than the rolled-back rate and said percentage is the percentage increase in property taxes to be : adopted by the District; and WHEREAS, the millage rate to be levied by the District for the Big Cypress Basin tax is 44.79 percent (44.79%) greater than the rolled-back rate and said percentage is the percentage increase in property taxes adopted by the District; NOV/, THEREFORE, BE IT RESOLVED by the Governing Board of the South Florida Water Management District that there is hereby levied and assessed on the tax rolls for the year 1997 a uniform ad valorem tax on all property in the District as determined for county taxing purposes at the rate oftwo hundred eighty-four thousandths mill (.284 mill) ($.284 per $1,000 ofassessed value) on the dollar on the assessed valuation ofsuch property; and BE IT FURTHER RESOLVED by the Governing Board of the South Florida Water Management District that there is hereby levied and assessed on the tax rolls for the year 1997 a uniform ad valorem tax on ali property in the Big Cypress Basin as determined for county taxing purposes at the rate of two hundred seventy-eight thousandths mill (.278 mill) ($.278 per $1,000 of assessed value) on the dollar on the assessed valuation of such property; and '1. 6 G. t BE IT FURTHER P,_ESOLVED that said two hundred eighty-four thousandths mill (.284 mill) ($.284 per $1,000 of assessed value) tax levy and the lists of'lands included in the District are hereby certified to the Department of Revenue and the respective Tax Collectors and Property Appraisers of each of the counties wholly or partially embraced within the limits of the South Florida Water Management District for extension on 1997 tax rolls of each ofsaid counties; and BE IT FURT'vtER RESOLVED that said two hundred seventy-eight thousandths mill (.278 mill) ($.278 per $I,000 ofa.ssessed value) tax levy and the lis~.s of'lands included in the Big Cypress Basin are hereby certified to the Department of Revenue and the respective T~x Collectors and Property .~®praisers of ca:ch of the counties wholly or partially embraced within the limits of the Big Cypress Basin for extension on 1997 tax rolls of each of said counties; and BE IT FURTHER ILESOLVED that the combined total lev,/ofthe District and Big Cypress Basin is five hundred sNty-two thousandths mill (.562 mill) ($.562 per $1,000 ofassessed value); and BE IT FURTHER RESOLVED that the millage rate hereby levied by the District for the District tax is 3.27 percent (3.27%) greater than the rolled-back rate and said percent is the percentage increase in property taxes hereby adopted by the District; and BE IT FURTHER RESOLVED that the millage rate hereby levied by the District for the Big Cypress Basin tax is 44.79 percent (44.79%) greater than the rolled-back rate and said percent is the percentage increase in propem/taxes hereby adopted by the District. PASSED AND ADOPTED this 2.3rd Day of'September 1997. SEAL i,.,,: 5 ~.". ," BY ~ ~muel E. P~le ~, Secre~ SOUTH FLORIDA WATER MANAGEMENT DISTRICT BY ITS/GOVE~RNING BO/5t~D Frank Williamson, Jr., Chairman APPROVED: Thomas R. Wolfe, Office of CounSel SOITFH FLORIDA WATER MANAGEMENT DISTRICT RESOLUTION NO. 97-54 ADOPT/ON OF BUDGET FOR FISCAL YF_2kR 1997-98 16G 2 WHEREAS, Chapters 200 and 373, Florida Statutes, as arnended, and Chapter 25270, Laws of Florida, Act of 1949, require that the Governing Board of the South Florida Water Management District adopt a final budget for each risc. al year; and Wt-LE -REAS, the Governing Board of the South Florida Water Management District, after carefifl consideration and study, has caused to be prepared a tentative budget for the District covering its proposed operation and requirements for the fiscal year beginning October 1, 1997, and ending September 30, 1998; and WHEREAS, notice of intention to adopt said tentative budget, or as the same may be amended, setting forth said tentative budget in full as the final budget for said District for said fiscal year, was duly published in newspapers of general circulation in each county having land in the District, all required by law;, and WHEP..EAS, a public hearing was held by the Governing Board ofthe District in West Palm Beach, Florida, on September 23, 1997, at the time and place provided in said notices; and WH.E]:~E~S, the Governing Board of the District desires to, simultaneously with the adoption of this resolution, approve the transfers of funds to the extent set forth below;, and WHEREAS, the budget presented here contains an estimate of $72,195,699 in commitments previously entered into and anticipated to be outstanding at the start of the fiscal year, including the source of funds anticipated to be used in completing these commitments. NOW, THEREFORE BE IT RESOLVED, by the Governing Board of the South Florida Water Management District that the following budget be, and it is hereby adopted as the final budget of the District for the fiscal year beginning October 1, 1997 and ending September 30, 1998, and it shall be the official operating and fiscal guide of the District for said fiscakyear. This Resolution authorizes all transfers of funds in individual amounts during said f~7~al year within, but not among funds, dep;uu.ents or major object groups as set forth below. BE IT FURTHER RESOLVED, that the adopted FY97-98 Budget will reflect actual commitments outstanding at the start of the fiscal year as well as the source of funds anticipated to be used in completing these commitments ifdifferent from the estimates contained herein. fund Balance: TOTAL PRO/ECI~D REVENUES AND BALANCES Operating Tr~,s f¢~s (Net) TOTAL Resexved TOTAL PROSF_.C'~D REVENUES. BALANCES AND TRANSFERS BUDG~ EXPENDITURES Exoc~tiv~ O f£~.ez Pcraonai ,$ec~cea O'per'~r4 Expcnditur~ Capital Office or ~ F~gis,,~-ing Mills~es 0.284 0.313 0.278 0.100 Tool Total To~l Total TOTAL TOTAL TOTAL SPECIAL CAPITAL PROPOSEO GENERAL REVENUE PROIECI~ INTERNAL BUDGET FUND FUNDS FUNDS SERVICE FY 1998 $0,606,712 80.606,712 83,000.091 83,000.09 $~39,114 5,239, I 26,517,601 26,.517,601 406.527 18,149,27~ 93,S00.000 I ! 2,355,.~05 12,357.026 12,357,026 2,260.000 3,175.000 4.g65,000 10,300,000 5,099,081 832.000 5.931J~81 3,279.46 ! 3,279.461 90.213.395 1 i 0,495.483 13'/.539.627 3.279.4-61 341.527.966 13.355,704 12.939.488 65,409,206 0 91.904,398 8,321.853 271,623 227,255 8.820.73 I 4,344.358 363,800 643,395 5,351.556 30,458 0 ! 3.069 43.527 i 2,696.669 635.423 883,722 14.215,814 1,972.161 3,923.117 0 5.895,27~ 6,138.539 13,486,804 400,000 20,025..343 0 696,474 0 696,474 8,110,700 18.106,395 400.000 26,617,095 5,469,865 0 0 5,469,S65 8,132,49S 60,000 40,000 2J.46,462 0 0 Z,846,462 16.44~,~25 60,000 40.000 16,54S.g25 196,662 $,331.356 733.211 9.261.229 74.000 2.267,100 5.794.792 8.135,~2 0 3,513.612 110,839,220 114,35_~.~_32 270.662 ! 4.112,068 l 17367.223 131.749.953 Ma~agcme. m Services Operating Expemlitur:~ C~pital Outlay Re~iation C~iud Outlay Operations & bldnte, nance Persot~ Serd ct.s Open~dng Expenditurra C.~0ital Ouday Wa-crt Rcaource Evfluation Ope. x~ng Expenditures C~pital Outlay Big Cypress Basin PevsormlSexvices Ope. a~tingExpendimres C. api~lOuflay Pla=truing Pe~,ecal S~rvices TOTAL BUIX3E'FED E. XH~DrR.rR~ ENCUMBRANCES TOTAL BUDG~ EXPENDITURES AND ENCUMBRAN~ To~l Toud Tc~al Total Totll Toud Total GENERAL FUND 5,9~4,~35 7351.919 2,414.176 15.700.930 7,559.847 1.311.754 :2.22.782 9.101.383 0 235.000 0 235.G00 11.167.627 10.522.311 1.211.219 22.901.164 0 394.030 0 394.030 8~78.731 6.183.150 342,072 14,803,953 991.742 214,000 1.205.742 11.533.768 t13.4ff2_R26 TOTAL SPECIAL REVENUE FUNDS 0 2,060.334 8590 2.068.924 27391387 20.679.952 2.239.019 50JI0.428 6,058.605 12.959.412 2,470,268 21.~88.285 1.073.023 1.299.421 72,170 2,444.616 0 ~11.000 0 4311,000 885,116 4,39~.065 5.283.181 17.764,479 TOTAL C. APTTAL PROIEC'TS fUNDS 31.905 929.445 9~350 1,833,909 14325,671 63,g8.8,665 $0.0.48.245 7~7 630.0~0 42,860.868 INTERNAL SERVICE 2,171.361 1,108.100 0 3.279,461 16G 2 TOTAL PROPOSED BUDGET FY 199a 8.13S,101 ! 1,449.79~ 2,447,766 22,035,665 7.559,847 1318,754 222.782 9.101.383 27.591.397 20.679.952 2539,089 50,810.428 7,892_n 14 27320,0~3 66,358.933 101,771,530 i I.I 67.627 10328.818 1.211.219 22.907.664 1.073,025 i `693.45 ! 72.170 2.838.646 $,271,73 I 11.194,150 342,O72 19,814.953 3,53O,OOO 4336.O97 7.866,097 7.154,311 72,195.699 PASSED AND ADOIrFED this 23rd Day of September 1997. , ~III, S¢credry SOUTH FLORIDA WATER MANAGEMENT DISTRICT BY ITS G~.~NG BOAJ~ BY FrankWilliam~on, Jr., Chairman ' APPROVED: Thomas R. Wolfe, Office of~.our~el 1998 CERTIFICATE TAX LEVY SOUTH FLORIDA WATER MANAGEMENT DISTRICT I hereby certify that the boundaries of South Florida Water Management District as established by Chapter 373, Florida Statutes, and the Big Cypress Basin of the South Florida . Water Management District, as established by Chapter 373, Florida ~tatutes as amended, embrace all land and taxable property within the limits of Collier County. EXCEPT herefrom, (for taxing purpose'-) so much of said lands as were certified as being immune from taxation on list furnished on the 28th day of February ,A.D., 1997 ; said list being those certain lands wherein title or use rights are vested in South Florida Water Management District. IN WITNESS WHEREOF, I hereunto set my hand and the official seal of South Florida Water Management District, this 23rd day of September , A.D. 1997. SOUTH FLORIDA WATER MANAGEMENT DISTRICT BY Secr"etary 1441 PINE RIDGE ROAD' NAPLES, FLORIDA 34109 (941) 597-3222 Fax (941) 597-7082 September 24, 1997 Board of County Commissioners 3301 Tamiami Trial East Building F Naples, FL 33962-4977 Dear County Commissioners: Enclosed please find a copy of the original resolution adopted by the Board of Fire Commissioners establishing the final millage rate for the District for fiscal year 1997-1998. Also, enclosed is a copy of the final budget adopted by the Board of Fire Commissioners for fiscal year 1997-1998. Sincerely, ~c~APLES FIRE CONTROL & RESCUE DISTRICT Lis~ Stefani ~/ Administrative Aide to Chief James W. Tobin :lms enclosures 2 Hancock Constant ~n'~ ~iS¢. Cortes: CO:' RESOLUTION WHEREAS, NORTH KAPLES FIRE CONTROL ARD RESCUE DISTRICT, established pursuant to Chapter 61-2032, F.S., as amended, held a meeting to establish the millage rate to be levied for providing fire protection services to the district as required under Chapter 200, Florida Statutes; WHEREAS, Section 200.065, Florida Statutes requires disclosure of the percentage by which the millage rate to be levied exceeds the rolled back rate, and the Board having determined that the millage rate to be levied exceeds the rolled back rate by 4.15%, NOW THEREFORE, BE IT RESOLVED, on motion made by C~mmi~s~oner and seconded by _ Cqmmissioner Messer , the BOARD OF FIRE CO~fMISSIONERS of NOR~ NAPLES FiRE CONTROL AND RESCUE DISTRICT, in conformity with the laws of Florida, does hereby levy a tax of one (1.000) mill per $1,000.00 of assessed value on lands in the district for providing fire protection services to the district; and be it FURTHER RESOLVED, that the Board of Fire Commissioners adopts the levy of one (1.000) mill for providing fire services for the year 1997-1998 beginning October 1st, 1997 and ending September 30, 1998; and be it FURTHER RESOLVED, that the Board of Fire Commissioners adopts charges for impact fees of $.15 per square foot of defined living area on residential development and $.30 per square foot of useable area on commercial and industrial structures as defined; and be it FURTHER RESOLVED, that a copy of this resolution and a copy of the adopted budget be delivered to the Board of County Commissioners of Collier County, Florida, and to the Comptroller of the State of Florida. Duly passed in Special Session this_~3___ day of SEPTEMBER, 1997 with Commissioner votes recorded as follows: , Commissioner E. Maguire: YES Commissioner S. Milligan:' YES Commissioner E. Messer: ... YES NORTH NAPLES FIRE CONTROL A/TD RESCUE DISTRICT Edward Mag~e, Chairman tev~ Milligan, Treasurer ~ - 168 2 NORTH NAPLES FIRE CONTROL AND RESCUE DISTRICT OPERATING BUDGET IMPACT FEE BUDGET FIRE HYDRANT BUDGET FIRE CODE OFFICIAL BUDGET 1997 - 1998 16S 2 OPERATING BUDGET IMPACT FEE BUDGET FIRE HYDRANT BUDGET FIRE CODE OFFICIAL BUDGET 1997 - 1998 Board of Fire Commissioners North Naples Fire Control & Rescue District BOARD OF FIRE CO~MISSIONERS Ed Maguire, Chairman Steve Milligan, Treasurer Ed Messer, Secretary DISTRICT OFFICERS James W. Tobin, Chief Kenneth W. Rodgers, Assistant Chief ~OR'i~ N~L~.~ ~'ZRB ¢O~'RO~. ~ R)~SCUB D~BTRTCT TABLE OF CONTI~.NT$ _ ~f~ption _~ Su~nmary Page 2 Incoa~ Detail Ad Valorem Tax Revenue 4 Interest 4 Inspection Fees 5 Other Income 6 recap of Income 6 Expense Detail Staff Salaries and Benefits 7 Commissioners Salaries 7 Recap of Salary Information 9 ~.. Compensation and Benefit Costs 10 Employee Welfare Benefit Program 11 Sick Time Liability 11 Vacation Comp 11 Administration Employee Physicals 12 Insurance 13 Office Supplies 13 Office Equipment 16 Subscriptions & Dues 17 Additional Fees 18 Administrative Training 20 Operations Uniforms 21 Protective Gear 22 New Vehicles 22 Building Repair & Maintenance 23 Equipment Repair & Maintenance 27 Station Supplies 28 Telephone 29 Utilities 29 Vehicle Fuel & Oil 30 Vehicle Repair & Maintenance 30 Medical Equipment 30 Fire Equipment 31 Training 32 Fire Prevention Educational Material 33 Public Information Officer 34 Dive Rescue Team 35 168 2 The budget is arranged according to the organizational structure of the district. Under each division relevant income and expenses are detailed as they correspond to the district's financial structure. Each department provides priorities for budgetary requirements which are then reviewed and incorporated into the district budget according to those specific goals and objectives established by management. CASH CARRYOVER Incom~ Ad Valorem Tax Revenue Interest Inspection Fees Other income TOTAL FUNDS AVAILABLE: SUMNA~Y PAGE $6,547,915.00 90,000.00 80,000.00 24.000...00 16G 2_ 525. 000. G0 +S6~741~915.0Q $7,2GGt915.00 Expense Staff Salaries & Bmn&fits Employee Salaries $3,428,835.00 Commissioner Salaries 18,000.00 Propay 76,080.00 Holiday Pay 80,000.00 Overtime 120,000.00 Special Overtime 10,000.00 Beach Patrol Overtime 25,000.00 CompenSation & Benefit Costs 1,670,216.00 A~ployee Benefit Program 600,000.00 Sick Time Liability 100,000.00 Vacation Comp 40,000.00 Short/Long Term Disability 40,000.00 Total Salaries & Benefit Costs: Administrative Employee Physicals 27,845.00 Insurance 48,400.00 Office Supplies 14,639.00 Office Equipment 22,396.00 Subscriptions & Dues 6,880.00 Professional and Accounting 55,000.00 Appraiser's Fees 65,661.00 Special Assessors Fee 4,000.00 Tax Collector's Fees 134,262.00 Contingency 50,000.00 Impact Fee Collection 14,250.00 Miscellaneous 25,000.00 Administrative Travel 8,706.00 Total Administrative Costs: Operations Uniforms 25,879.00 Protective Gear 10,000.00 New Vehicles 20,000.00 Building Repair & Maintenance 33,245.00 Equipment Repair & Maintenance 10,458.00 Station Supplies 18,406.00 Telephone 33,000.00 Utilities 43,000.00 Vehicle Fuel & Oil 32,450.00 Vehicle Repair & Maintenance 132,450.00 ,%' $6,208,131.00 $ 477,039.00 2 Madical Equipment Fire Equipment Training Fire Prevention Ed. Material Public Information Officer Dive Rescue Team Total operations Costa: Less Total Expenses: Reserve to Capital Improvement Fund BALANCE= 13,700.00 10,000.00 68,971.00 21,561.00 21,600.00 22,688.00' 16G Z $7~202,$7~.00 64~337.00 *** CASH CA~RRY OVER - This amount represents one month of funding of operational expenditures due to the timing of receipt of the ad valorem taxes for the new year. 4 16G 2 ~NCO~E ~ ~ TaX REV~: Gross Taxable Value of Millage $ 6,892,542,119 x 95~ $ 6,547,915,013 X .001 PROJECTED AD VALOREM REVENUE: $ 6,547,91S. TO estimate interest for the budget year 1997-1998 an average of the previous four years was used. 1 1993/1994 49,037.00 2 1994/1995 96,010.00 3 1995/1996 111,260.00 4 1996/1997 ~ TOTAL EETIHATED INTEREST: 354,778.00 /4 = 88,695.00 $ 90,000.00 Inspection Fees represent funds received from the review and on site inspection of construction of new commercial buildings and new residential buildings in excess of three units. (Existing buildings which are inspected annually are not charged a fee for inspection.) Inspection fees are based upon the number of square feet built and is dependent upon growth of commercial and multi-unit residential construction. In estimating income from inspection fees, there is difficulty forecasting the growth of commercial and multi unit residential development because of the fluctuation in this type of building. Historical data was used showing income from inspection fees for the previous four year period. Year Inspection Fee Income 1 1993-94 $ 78,116. 2 1994-95 $ 73,871. 3 1995-96 $ 93,218. 4 1996-97 11 MOS. ~ $347,953. / 4 = $ 86,988.00 PROJECTED INSPECTION FEE INCOME: $ 80sO00.O0 Other general fund income is made up of various sources including but not limited to the following: Burn Permit FQes Alarm Malfunctions Fire Works permits Hydrant Flow testing fees Sale of Security Key Boxes The Sale of Capital Equipment Because it's difficult to predict or anticipate the likelihood of conditions resulting in an assessment of the above fees, it is equally hard to Droject income from such and other sources. To this end, historical data was also used to make approximations of income from the sources referenced, and others. The amount used is a moderate estimate of the 5 year average calculated. 1 1992-93 16,605. 2 1993-94 21,755. 3 1994-95 27,241. 4 1995-96 25,326. 5 1996-97 YTD 11 MOS. 32,845. $123,772. / 5 = 24,754.00 ESTIMATED OT~ER INCOME: 24,000.00 INCOME RECAP CASH CARRYOVER, AD VALOREM TAX REVENUE: TOTAL ESTIMATED INTEREST: PROJECTED INSPECTION FEE INCOME: ESTIMATED OTHER INCOME: TOTAL FUND8 AVAILABLE FOR 1997-1998: $ 525,000.00 $ 6,547,915.00 $ 90,000.00 $ 80,000.00 $ 7,266,915.00 6 STAFF SALARIES A~D BENEFITS 66 ~xisting Shift Personnel= I Chief, i Aaaistant Chief, i Administrative Aide, 1 Bookkeeper i Racel~ionllt I Public Information Off£cer Fire Prevention= I Fire Marshal, 6 Fire Inspectors 1 Fire Prev~mtion Secretary Training= ! Training Officer, I Asst. Training Officer BASE SALARIES $ 2,691,326.00 737.509.00 TOTAL SALARIES~ $ 3,428,835.00 All Salaries have been increased by a 3% Cost of Living Adjustment. Included are anniversary increases which are contractual and have alreadF bmen established in negotiations. BOARD OF COMMISSIONERS SALARIES Chairman $ 500.00 $ 6,000.00 Treaaurer $ 500.00 $ 6,000.00 Secretary $ 500.00 ~ Total Board of Fire Commissioner Salaries~ $18,000.00 Prepay is additional compen~&tion to those employees who maintain the qualification to perform additional emergency related =esponlibilitiel, and includes the following categoriel establishing the area of experti~e and the additional remuneration provided per pay Pe=iod therefore. EMT= Qualified as E~ergency Medical Technician $ 40.00 MSA~ l~aber of Mine Safety A~aociation in $ 20.00 MAKO: Make Air Equ£1a~nt Repair Technician $ 20.00 AS DEGRE~ Holds A~sociate in Sc£ence Degree in Fire Science $ 50.00 Currently 69 paid fire fighters also hold a= least one of these qual£fications. current projected cost of prepay compensation annually is $ 76,080.00 The Existing Personnel: $ 76,080.00 TOTAL PRO?AY= $ 76,080.00 Personnel: F241~LOYI~.E HOLIDAY PAY $ 80,000.00 TOTAL HOLIDAY PAY: $ 80,000.00 168 2 0VERTIKE DETAIL Overtime is paid to meet minimum manning shift requirements and when qualified replaceg~ent porsonnel are required in supervisory po~itions. For FY 1995/96 The department spent $116,859,84 in overtime. For the first nine months of 1996/97, the department spent $72,863.49 or 57.07% of the overtime budget. Factored out, it is estimated that the department will spend $120,000.00. Therefore, the department will budget $120,000.00 for overtime for 1997/98. TOT. AL OV~R:TIY',~ FOR BUDGIT,~I 8120,000.00 SPEC/AL OVERTIME This will be used to pay overtime to enable personnel to go to school and the department will be able to call personnel in to cover their shift. ~'OT,~J,, S~gCI;j, OVERTIME FOR BUD~ET: $ 10,000.00 BEACH PATROL OVERTIME This will b~ used on those occasions when shifts drop below minimum manning and it is necessary to bring in someone on overtime and paid at time and a half. TOTAL BEACH PATROL OVERTIME FOR BUIK;ET: $ 25,000.00 BASE SALARIES: COMMISSIONERS S*ALARIE$: PROPAY: HOLIDAYz OVERT IHE: SPgCIAL OVERTIME: BEACH PATROL OVERTIME: TOTAL SALARIES & OVERTIMe: $ 3,428,835.00 18,000.00 76,080.00 80,000.00 120,000.00 10,000.00 25,000.00 3,757,915.00 9 16G 2 COMP~N$~TION AND SOCIAL SECURITY - EMPLOYER'S TAX PORTION 1997-1998 Compensation including Sals~ies, Commissioners Salaries, Overtime, Special Overtime, Beach Patrol ~;ertime, Propa¥, & Holiday= Social Security Tax Rate: $ 3,757,915.00 7.65% K3,~LOYEI%S PORTION SOCIAL SECURI.TY TAXi $ 287,480.50 1997-1998 Ccmpensation including Salaries, Con~issioners Salaries, Overtime, Special Overtime, Beach Patrol Overtime, Propay, & Holiday: $ 3,757,915.00 Retirement System Comp Rats X 27.50% TOTAL RETIRI~MENT PLAN PREMIUMz 1,033,426.63 ~~__¢~ENSATION INSURANCK: 1997-1998 Compmnsation including Salaries, Overtime, Special Overtime, Beach Patrol Overtime, Propay & Holiday: Does Not Include Co~missioners Salaries $ 3,739,915.00 · etimated Workers Compensation Rates 9.34% TOTAX, WORKERS CO~'Z~'~ATXON PP.,~NXUMz $ 349,308.06 10 EMPLOFEB WEL~AR~ BENEFIT PRO~RAM -. The coat of ineurance was a major concern the District 1997 YTD 9 MOS. $486,333.11 16G 2' Th# total eeti~tsd Fr~niu~ for 1997/1998 is $600,000.00. Sick Ti~e Liability Vacation Comp Short/Long Term Disability TOTAL K~E£VES: RES~-RV~S $100,000.00 40,000.00 $180,000.00 11 16G 2i ~.D~INISTI~TXON H~PATITIS B _T~..$TI~G X'veryYear HEPATITIS B VACCIN~ ($eri,s - 3) Aa Heeded HF~OCCULTS X3 40-50 Every other year (10/2 yrs) Over 50 Every Year EKG Under 40 Evez~ 3 years (42/3 yrs) 40-50 Every other year {10/2 yrs) Over 50 Every Year Smokers Every Year TB Pos Every Year 30-50 Every 3 years (44/ 3 yrs) Over 50 Every Year Hi Risk PT A~ needed 8S 81 21 ].4 5 S 6 5 15 11 ¢OST 1~6.00 45.00 189.00 12.00 42.00 $ 89.00 15,810.00 3,645.00 .3,969.00 60.00 60.00 588.00 210.00 210.00 534.00 445.00 1,335.00 Total: $ 27,845.00 TOTAL ESTIMATED COST OF P~YSICALS= $ 27,845.00 12 Errors and Omissions Vehicle Insurance Building Accident and Special Ri~k (Death Benefit) '$ 3,600.00 $17,800.00 $20,000.00 $ 6,600.00' $ 400.D_Q TOTAL IWSURARCZ, z $ 48,400.00 Ave Pads $ 1.39 A-Z Dividers 4.27 Backup Tapes 25.00 Binders 3 Ring 1" 3.46 Binders 3 Ring 2" 5.95 Binders 3 Ring 3' 7.95 Binders Legal 2.75 Boxes Storage 5.10 Cassette Tapes Audio 3.00 Chalk .60 *Checks 100.00 Clip Boards " 3;50 Column Analysis Pads 3.00 Columnar Pads 5.80 Desk Calendars 2.10 De~k Cleaner 2.82 Desk Organizer 4.90 Disks 16.00 Dividers, Index 4.95 Envelopes Window 40.00 Envelopes Manila 6 ½ x 9 ½ .14 Envelopes Manila 9 ~ x 12 % .16 Envelopes Manila 10 x 13 .15 Erasers Chalk Board 2.00 Erasers Dry 6.50 Erasers .37 Erasers Clic .91 Erasers Refills for Clic .78 File Folders 6.53 Files, Hanging 9.10 Labels, Address 11.93 30 20 8 8 8 4 10 48 4 24 5 6 12 2 10 10 5 5O 100 25 15 2 1 5 12 3 7 2 1 10 2 100 100 25 5O 2 2 16 1 1 10 $ 45.87 8.54 500.00 62.28 47.60 63.60 11.00 76.50 180.00 6.00 400.00 94.50 15.00 34.80 39.90 11.28 4.90 320.00 59.40 200.00 21.00 32.00 7.50 4.00 13.00 18.50 1.82 1.56 202.43 27.30 23.86 13 Labels, Computer 28.40 Labels, Mailing 4.70 Labels, File Folder 3.03 Markers Hi Lighters .79 Markers, Sharpie .59 Message Book, Tele 8.33 Miscellaneous Paper Adding Machine .68 Paper Clips L (1000) 7.98 Paper Clips S (1000) 5.04 Paper Computer 16.82 Pa~r Copy Lgl 59.99 Pape. r Copy Ltr 33.00 Paper, Fax 6.00 Pa.~mr Lined Tablmts (dozen) 8.31 Parcel Post Labels 3.93 Pencils 1.38 Pencil Lead .66 Pencils Colored 15.97 Pencil Refills .80 Pens, Blue/Black/Red 8.23 Pen~, Bic Metal Point Pens 11.64 Precise Pens 12.48 Papermate Flox-grip pens 11.76 Pen Rcfill~ Papermate 1.08 Pen Refilll Parker 1.75 Pen Refills Cross 1.61 Postage Machine Rental & Postage Postage Registered 2.21 Printing Letterhead (per 1000) 42.00 Envelopes (per 1000) 58.00 Business Cards (per 1000) 31.00 F/P Work Order Forms 161.00 ' F/P C/O Forms (1000) 208.00 F/P Burn Permits (500) 140~00 F/P Special Projects 300.00 F/P Fire Alarm Out of Service 104.00 F/P Notice of Violation 224.00 Notes, Post It (Pkg)2" x 3" 6.88 Notes, Post It 3" x 3" 9.40 Printer Cartridges 99.00 Fax, Post It 6.63 Receipt Books 3.28 Report Folders (Box) 8.92 Reinforcements 1.50 Ribbons Calculator 3.25 Ribbons Printers 10.95 Ribbons Typewriter 8.00 Ribbon Correcting 19.20 Rolodex 13.47 Rolodex A-Z.Guide 3.43 Rolodex Cards .90 Rubber Bands 3.49 Rubbmr Cement 1.11 1 5 5 36 36 3 14 i 6 22 2 24 24 8 2 1 15 38 1 1 10 3 3 4 5 5 2 3 3 2 4 60 12 1 2 14 1 10 8 12 12 2 1 2 6 4 6 6 4 2 6 1 4 1 1 6 6 6 40 3 6 2 3 1 4 1 1 1 1 5 2 1 1 1 1 2 16G 2 56.80 70.50 39.39 37.92 28.32 41.65 2,000.00 10.20 23.94 60.48 437.32 119.98 990.00 144.00 116.34 23.58 2.76 4.62 15.97 12.00 345.66 11.64 12.48 11.76 7.56 lO.S0 11.27 2,465.00 110.50 252.00 522.00 186.00 161.00 208.00 140.00 300.00 104.00 224.00 55.04 56.40 594.00 26.52 9.84 8.92 4.50 16.25 657.00 136.00 57.60 13.47 3.43 .90 10.47 2.22 12' Rulers .75 2 Sc£emo~e 3.05 Sheet Protectorg 8.79 6 Station Loge 32.00 12 Stapler 13.97 Staple Pull .69 StApleg Lg 10.95 Staples Reg 2.23 3 TApe, Lift off 13.44 TApe, S¢o'tch 1.99 20 TApe, Ptck£ng 3.01 3 Tonmr, Copy Hachine 100.00 TransI~renci~ 19.50 U~S Delivery Ch~rgee White Out 5.00 4 TotAlz 1 1 1 1 1 1 1 4 1 1 2.25 3.05 37.80 384.00 13.97 .69 10.95 10.00 13.44 49.75 12.04 400.00 78.00 70.00 $14,639.30 TOTAL A~,0UN'£ IIUDGA'T~'D FOa OFFICE SUPPLIES: ~14,&3'.00 15 1 6G'"2 q Meeting Recording System Administrative Aide - New Transcriber Bookkeeper - Calculator Total 1 Keyboard L~ase Copier Fire Prevention Total ~ationg 42 an_d~4~ 25 Toner c&z~ridges @ 120.00 Total Maintenance Agreement on 2 Typewriters Maintenance Agre~ment on Copy Machine Maintenance on Fax Machine Total Maintenance on New Computer System Total 1,200.00 200.00 125.00 50.00 3,621.00 3,000.00 450.00 1,600.00 lSO.O0 $12,000.00 1,525.00 3,671.00 3,000.00 2,200.00 12,000.00 TOTAL OFFIC~ EQUIPMENT $22,39&.00 16 Organ£zation COLLIER CO FIRE CHIEFS FACAP FD S~JETY OFFICER FLA FIRE CH4IEFS FLA FIRE MARSHAL IAAI IAA! (State) IAFC ISFSI NFPA (Iht'l) (State) ROTARY FLA FIRE SPRINKLER ASSOC. COLLIER COUNTY FIRE MARSHAL STATE FIRE MARSHAL FIRE HOUSE ASSOC OF SPECIAL DISTRICTS $6,547,915. x $.0005 . DEPT OF COMMUNITY ?~FAIRS FIRE SERVICE STEERING COMMITTEE FIRE CHIEF ~iAGAZINE FIRE ENGINEERING MAGAZINE NAPLES DAILY NEWS $210.00 X 4 RL POLK City Directory 'SA~S W~OLESALE CLUB COMm~ICATION dm~rNEL$ FLA L~GISLATUR~ STATUTES SOUT]{ERN BUILDING CODE NFPA Codes TOTAL: 2 2 1 2 1 1 1 4 3 2 1 1 1 1 1 1 Stations Amount $ 25.00 40.00 60.00 75.00 15.00 80.00 15.00 90.00 60.00 10.00 100.00 75.00 20.00 10.00 10.00 28.00 Total Amount__ $ 50.00 40.OO 60.00 150.00 15.00 80.00 15.00 360.00 180.00 20.00 lO0.O0 75.00 20.00 10.00 10.00 28.00 3,274.00 175.00 600.00 104.00 34.00 840.00 96.00 200.00 78.00 116.00 50.00 100.00 $6,880.00 TOTAL DUES & SUB$CRIPTION$'I $ &,880.00 17 Fees for profess£onal services Fees for accounting assistance and required auditing 16G 2 $45,000.00 $10,000.00 Ol~rating As advised by Prop*r~y Appraiser: 65,6&1.30 SFEC~AL ASSESSOR'S FEE FOR STATION {~ This is an assessor fee charged by Collier County for the maintenance of station 44. SPECIAL ASSESSOR'S FEE &,000.00 Estimated Tax Revenue: COLLXE~_ COUNT~ TAX CO~-wCTOR FEES~ $ 6,547,915.00 1st $50,000.00 Bal @ 2.00% Postage $ 1,500.00 129,958.00 TOTAL TAX CO~ECTOR'S FEES: + 1% $132,933.00 1,329.33 $13&,262.00 18 1 6G '2'~ Provision for items not budgeted, but which may become an expenditure, depending upon certain circumst&nces or other conditions. Zst~ted~ $ 50,000.00 ~_CT F~E COLT2~CTIO_NI Fees paid for the collec*.ion and distribution of impact fees on new construction in the district. $ 14,250.00 MIS~OUS: It~as not othe~wise categorized: 25,000.00 19 Administrative Training consiete of tuition, lodging, meals, and travel. FIP~E/RESCUE - EAST '97 2 ATTENDING INTERNATIONAL FIRE CHIEFS 1 ATTENDING FLORIDA FIRE CHIEFS ANNUAL 1 GOVE~/~ORS HURRICANE CONFERENCE 1 FL. A~SOC. SPECIAL DISTRICTS 4 MISC. MEETINGS IAAI FL. S~--MINAR 1 INNOVATION '98 1 COMMUNITY AFFAIP~ MEETING 1 }~az Mat Training Luncheons TOT~J~ ADMINISTRATi%~E TRAININ~ 650.00 $ 1,358.00 650.00 450.00 960.00 1,500.00 610.00 300.00 728.00 1,000.00 500.00 $ 8,705.00 20 P&nta 84200 P&nts 34200 D=ems Shirtm 3202 or Jum~suits CP40NV P. E. Shir~m P. E. Shorts Bxlt$ 5532 S&fety ~ootwe&r Nlndbre~ker Repla¢~nt Uniforms OPERATIONS 12001 PRL~ ~xcH 22.00 28.00 28.00 40.00 9.00 9.00 7.00 26.00 160.00 4.00 25.00 OUAHTITY 10 246 70 166 85 190 30 25 28 50 4,180.00 280.00 6,888.00 2,800.00 1,494.00 76S.00 1,330.00 780.00 4,000.00 112.00 1,250.00 2,000.00 TOT~/~ UNI FORJC~ $25,879.00 21 6G PROTECTIVE GRAlt CURRE~ - OPERATIONS REPLACEMENT DUE TO AGE/DAKAGE Coats 6 Jets $500.00 Pants 6 Jets $400.00 Hoods 24 $ 22.00 Gloves 24 pair $ 28.00 Boots 15 pair $120.00 Helmets 6 pair $200.00 Repairs $3,000.00 2,400.00 528.00 672.00 1,800.00 1,200.00 400.00 TOTAL PROT]~C*TIVE GEAR $10,000.00 1 V~hicle - Training $20,000.00 TOTAL NEW VEHICLES $20,000.00 22 STATION 40 OUTSIDE BUILDING MAINTENANCE Lawn Pest Control & Fertilization by Outside Contractor Mulch & Misc. Materials for Bmds Sprinkler Repairs by Outside Contractor Sprinkler Repair Parts in House Outside Grill Repairs & 24% Replacement Cost Outside Furniture Garden Tools & Misc. Equi~wnent Sewer Lift Station Bi-Annual S~rvice Replacement Plants & Annual Flowers Lawn Mower & Power Tool Repairs 600.00 500.00 160.00 75.00 125.00 NA 75.00 200.00 100.00 300.00 SUB-TOTAL iNDOOR BUILDING MAINTENANCE Quarterly Fire Sprinkler Inspection Annual Fire Alarm Service & Test Annual Hood & Extinguisher Service Electrical & Plumbing Service Appliance Service General Household & Kitchen Equilmment, Etc. Air Conditioning & Ice Machines Service Carpet Cleaning Garage Door Repairs Annual Generator Service Telephone Service Gas Pump'Service Pest Control SUB-TOTAL TOTAL STATION 40 $2,135.00 150.00 350.00 125.00 450.00 100.00 225.00 400.00 250.00 2,500.00 300.00 250.00 150.00 250.00 $5,500.00 $7,635.00 23 OUTSIDE BUILDING MAINTENANCE Lawn Peat Control & Fertilization by Outside Contractor Mulch & Misc. Materials for Beds Sprinkler Repairs by Outside Contractor Sprinkler Repair Parts in House Outside ~rill Repairs & 24% Replacement Cost Outside Furniture Garden Tools & Misc. Equipment S~war Lift Station Bi-annual Service Replacement Plants & Annual Flowers Lawn Mower & Power Tool Repairs 800.00 400.00 200.00 100.00 125.00 400.00 50.00 60.00 250.00 300.00 SUB-TOTAL I~DR BUILDING F~AINTENA~NCE Annual Fire Alarm Service & Test Annual Hood & Extinguisher Service Electrical & Pl%unbing Service Appliance Service General Household & Kitchen Equipment Etc. Air Conditioning & Ice Machines Service Carpet Cleaning Garage Door Repairs Annual Generator Service Telephone Repair Gas Pump Sorvice Pest Control Ice Machine $2,685.00 350.00 200.00 30O.0O 100.00 125.00 400.00 225.00 1,200.00 250.00 250.00 S0.00 250.00 1,500.00 SUB-TOTAL $5,200.00 $7,885.00 24 OUTSIDE BUILDING MAINTENANCE Lawn Pest Control & Fertilization by Outside Contractor Mulch & Misc. Materials for Beds Sprinkler Repairs by Outside Contractor Sprinkler Repair Parts in House Outside Grill Repairs & 24% Replacement Cost Outside Furniture Garden Tools & Misc. Equipment Sewer Lift Station Bi-annual Service Replacement Plants & Annual Flowers Lawn Mower & Power Tool Repairs Install New Well and Sprinkler Pump SUB-TOTAL INDOOR BUILDING MAINTENANCE Quarterly Fire Sprinkler Inspection Annual Fire Alarm Service & Test Annual Hood & Extinguisher Service Electrical & Plumbing Service Appliance Service General Household & Kitchen Equipment Etc. Air Conditioning & Ice Machines Service Carpet Cleaning Garage Door Repairs Annual Generator Servicu Telephone Repair Gas Pump Service Pe~t Control SUB-TOTAL TOTAL 16( 2 850.00 500.00. 100.00 75.00 125.00 NA 50.00 NA 175.00 300.00 3,500.00 $5,675.00 1SO.O0 350.00 200.00 250.00 100.00 75.00 400.00 250.00 1,200.00 350.00 125.00 50.00 250.00 $9,425.00 25 OUTSIDE BUILDING MAINTENANCE Lawn Pest Control & Fertilization by Outside Contractor Mulch & Misc. Materials for Beds Sprinkler Repairs by Outside Contractor Sprinkler Repair Parts in House Outlide Grill Repairl & 24% Replacement Cost Outside Furniture Garden Tools & Misc. Equip~ent Sewer Lift Station Bi-annual service Rsplacement Plants & Annual flowers Lawn Mower & Poser Tool Repa£rs SUB-TOTAL INDOOR BUILDING MAINTENANCE Quarterly Fire Sprinkler Inspection Annual Fire Alarm Service & Test Annual Rood & Extinguisher Service Electrical & Plumbing Service Appliance Service General }Iousehold & Kitchen Equipment Etc. Air Conditioning & Ice Machines Service Carpet Cleaning Garage Door Repairs Annual Generator Service Telephone Repairs Gap Pu,'~p Service Pest Control SUB-TOTAL TOTAL STATION 40 STATION 42 STATION 43 STATION 44 I1' I .... II .... I 2 500.00 900.00 75.00 50.00 125.00 NA NA NA 100.00 150.00 $1,900.00 150.00 350.00 200.00 250.00 100.00 200.00 400.00 250.00 3,500.00 350.00 350.00 50.00 250.00 $6,400.00 $8,300.00 7,635.00 7,885.00 9,425.00 8,300.00 BUILDING REPAIR & MAINTENANCE $33,2~5.00 26 Filters, Oil, Air Quality Test & Minor Repair Nozzle Repair Proqram PART 241-950 @ 319.79 B-100-A 4000-10 5-58875 @ 3.12 8-57387 ~ 1.09 7-57330 @ 1.09 75-57298~ .61 7S-57348@ .61 1-63380 @ 8.57 5-33655 @18.61 1-62044 638.16 4-16892 @91.77 20-52143@ 2.52 2-66313 @ 90.77 9-17304 ~ 31.27 2-80902 @ 35.00 1-80657 @ 47.90 5-52145 @ 2.52 1-63392 @ 6.11 3-16886 @ 65.55 5-52146 @ 2.52 3-16794 @ 78.67 4-33642 @ 26.02 1-33639 @ 29.33 9-15076 @ 20.65 4-80650 @ 35.00 5-52135 @ 2.52 2-16965 @ 65.55 ~' 1-33638 @ 20.59 1-80636 @ 35.00 · 1-57618 @ 15.75 7-9151 @ 32.30 Parts Total DESCRIPTION Spare Foam Eductor Spare 2 % to 11/2 Gated Wye Fire Chief i ½ Nozzle Spinning Teeth O-Rings O-Rings Actuator Shaft O-Rings Handle Pivot Screw O-Rings Stem Base SM30 Bumper SM 30 Stem ~M30 Nozzle Body SM30 Indicator Plate SM30 Nozzle Tip SM30 Shutoff Balls SM20 Rebuild Kits SM30 Stem DSM30 Indicator Plate SM20 Stem Base SM20 Nozzle Body $M20 Indicator Plate SM20 Body SM20 Bumpers 4000-20 Bumper SM10 Shutoff Balls SM10 Kits SM10 Indicator Plate SM10 Shutoff Body 4000-10 Bumper 4000-10 Rebuild Kito Retaining Ring Akron Rebuild Kits ~LQ~~AIR & MAINT13~NANCR Normal repairs & maintenance on radio, valves, hand toole power tools. TOTAL EQUIPMENT ~%~T'AIK & MAINT~ANCE= 16S 2 $ 2,000.00 PRICE 319.79 179.00 322.16 15.60 8.72 7.63 45.75 45.75 8.57 93.05 38.16 367.0~ 50.40 181.54 281.43 70.00 47.90 12.60 6.11 196.65 12.60 236.01 104.08 29.33 185.85 140.00 23.60 131.11 20.59 35.00 15.75 226.10 S 5.000.00 $10,457.91 27 168 BASIC SUPPLIES - STATIONS 40,42, 43, 44 Gener&l Station Cle&ning Supplies, Maintenance Supplies, Lawn Maintenance Supplies CLEANING EOUIP~P~.NT 4 Broom Handles 4 Broom Heads I Hop bucket and wringer 2 Spongo mops 4 Window scrubbar i Floor scrubbing pad TOTAL CLEANING ~QUIPMENT $ 60.00 40.00 69.00 30.00 8.00 8.00 55.00 Four Station $250.00 Monthly TOTAL MISCELLAI~EOUS TO~AL STATION $14,635.51 2?0.90 3,000.00 500.00 $18,405.51 28 Actual Cost, All Stations~ 1997/1998 YTD 9 MOS. 24,148.00/09 X 12 Total= 32,197.00 Average Cost AZ1 Stat£ons~ $ 33,000.00 TOTAL ESTIMATE OF TEL~PHON~ SERVICE~ $ 33,000.00 Actual Cost, Ail Stations: 1997/1998 YTD 11 MOS. 39,121.24/11 X 12 Total 42,678.00 Average Cost Ail Stationm: 43,000.00 TOTAL PKOPOSED UTILITIES COST~ $43,000.00 29 5 Engines i Aerial 2 Brush Trucks 13 Staff & Support 1 Antique Anticlgate both call load and cost of fuel to increase. TOTAL%~KEZCL~ FUEL & OIL EAST NAPLES CONTRACt_ $6,002.50 PER MONTH $5,035.00 PER MONTH TOTAL VEHICLE MAINTENANCE & REPAIR Medical Gloves Sharps Waste Containers Medical supply &'~quip~ent replacement 02 bottles refill and service from IAP 6 per week X 52 weeks-312 bottles @ 9.00 ea. Laerdal service contract on Heart Start: $395.00 x 5 machines $ 75.00 x 5 machines Factory maintenance TOTAL MEDZCAL EQUIPMENT 30 $32,450.00 $32,450.00 $72,030.00 60,420.00 $132,450.00 $4,200.00 350.00 3,000.00 3,800.00 1,975.00 375.00 $13,700.00 1 6G"2 ~ Purchase Nozzles, &daptors, tools, appliances power toole, e&lv&ge covers, etc. 5,234.00 Toole, &da~tere, etc. 4,766.00 ~ FI~E EQUIPMENT $10,000.00 31 Training programs include the following: ROPE TEAM EXTRICATION PHYSICAL FITNESS SAFETY DIVE/WATER RESCUE OFFICER PROFESSIONAL DEVeLOPMeNT Summary of Ongoing Programs Technical/Rope Rescue Extrication Physical Fitness Safety Officer Professional Development Dive/Water Rezcue TOTAL PROGRAMS Summary of Training Aides & Equipment Audio Visual Equipment Manuals & Books 2,050.00 4,450.00 2,915.00 2,120.00 3,000.00 3,600.00 4,220.00 1,390.00 2,889.00 TOTAL TRAINING AIDES Sunxnary of Outside Training Preventi~n Operations Training Un-Announced TOTAL OUTSIDE TRAINING EAP PROGRAM TOTAL TRAININ~ 2,192.00 27,120.00 4,625.00 3,600.00 8.499.00 S37.537.00 4,800.00 $$8,97Z.00 32 F~RE P~NTION ~UC~?ZO!q~L ~IAT,: 16G 2 8000 Fire Helmets 5000 Pluggie Badges 3000 Muster Mouse Coloring Books 1000 Fire extinguisher pamphlets (100) 15 9 Volt Batteries 4 8 Pack 'AA" 25 4 Pack Batteries 4 4 Pack "AAA" 80 Packs of 35 ~ Film 80 Film Developing North Naples Poster Contest 4000 Firefighter badges 100 Class Pack FP~ handout material for Schools-Inc. For Pel. Marsh Elementary 3 Flashlights 3000 Safety Books from Burn Center Magic Supplies Pluggie Repair 1 set 8 ½ x 11 software 13 volumes 1997 NFPA 290 Codes 4 NFPA 101 Life Safety Code and Handbook set 2 Standard Building Code 1998 & Handbook set New carpet for fire prevention 5000 Flexible Magnets - House w/ Safety Message 5000 Heart Shaped Key Tags 5000 Bumper Stickers TOTAL FIRE PREVENTION EDUCATIONAL MATERIAL: $ 4,000.00 900.00 1,090.00 190.00 55.50 19.32 92.50 18.56 560.00 960.00 100.00 400.00 4,800.00 45.00 750.00 350.00 350.00 710.00 400.00 160.00 1,610.00 1,300.00 1,800.00 900.o~ $21,561.00 33 ~NTITY: OUANTITY Quarterly newsletter 10,000 4-Color Brochure gate fold-10 photos 2,000 Monthly mileage (Personal Vehicle) $75.00 Per Mos. Supplies Seminars (includes travel, lodging food, etc.) Miscellaneous TOTAL ~UDGET FOR PUBLIC INFORMATION OFFICER COST 4,200.00 3,500.00 900.00 S00.00 2,500.00 $21,600.00 34 DXV'~ R~SCU~ Mustang PFD 6 54.40 326.40 Water Rescue Gloves 6 28.00 168.00 PFD Lights 6 12.50 75.00 Underwater Strobes 6 38.20 229.20 Pelican Gun Light 4 49.30 197.20 Dive Marker Buoys 4 65.00 260.00 Search Line Buoy 6 8.50 51.00 ~{and Bearing Compass i 49.95 49.95 Gear Bag 2 80.00 160.00 80 Cu. Ft. Scuba Cylinders 4 125.00 500.00 Scuba/Hako Fill Station Adapter 2 75.00 150.00 Search Line Bag W/Rope 6 28.50 171.00 Pelican Float Buoys 4 31.45 125.80 Throw Line Bags 4 60.00 240.00 3~ Wet Suita 4 175.00 700.00 Wt. Belt Lead 100.00 Black Out Masks/Training 4 7.95 31.80 Child Training dun~ny I 125.00 125.00 Range Finder 1 65.95 65.95 Lazer Knife 4 43.98 175.92 Rescue Knife 5 52.45 262.25 Pr~msure/Depth/Compass Combo 5 150.00 750.00 Training Videos/Books 150.00 Divator MK Mauk 4 735.00 2,940.00 Viking Pro Surveyor Dry Suits 4 1,400.00 5,600.00 Viking Cuff Rings 4 75.00 300.00 Viking 5 Finger Gloves 4 30.00 120.00 Buddy Line 2 735.00 1,470.00 800' 4/Wire Cow Rope I 1.95' 1,560.00 High Use Connectors 4 75.00 300.00 Work & Wt. System 2 190.00 390.00 Wt. Pouches 4 55.00 220.00 Locking Carabiners 2 11.60 23.20 Dlvator MK11 Com~ Amps 4 300.00 1,200.00 16 Hour Dry Suit Training Class $.500.00 TOTAL DIVE ~ESCUE TEAMs $22,688.00 35 North Naples Fire Control & Rescue Impact Fee Budget lgg7-1gg8 District 2 Cauh Carryover 1996/1997 Interest: $ 3,085,031.00 + 80,000.00 Revenue from Impact Fees: Total Cagh Available: 932.328.00 4,097,359.00 Expenditures; Pine Ridge and Livingston Road Land Engineering/Planning Improvements Property on Immokalee Rd. Land Engineering/Planning Improvements Additional Equipment 2 Squads Equipment 2 Quints Equipment Refurb 42 & 44 Vehicles 345,000.00 25,000.00 495,000.00 500,000.00 35,000.00 945,000.00 S0,O00.O0 279,000.00 50,000.00 799,000.00 80,000.00 50,000.00 20,000.00 Total Expenditures S 3.673.000.0Q $ 424,359.00 36 FIRE HYDRANT BUDGET 1997/199S 16G 2 Celh Carryover 1996-1997 Revenue fro~ Hydrant Fees: Total Cash Available: Expenditures= 2 Cases of Peniblube 2 Cases hyd. markers 1 Case marker glue 2 Marker glum guns 4 Replacement Plungers for gun 12 Gallon hydrant paint 8 Gallon mineral spirits 10 Tubes of hydrant grea~e i Box rags Hydrant repair Total Expenditures $ 103,859.00 $ 125,234.00 114.24 396.00 85.00 120.00 24.00 322.50 21.92 89.50 10.00 10,000.00 $114,051.00 37 OFFICE OF T~ FIRE CODE OFFICIAL COLLIER COUNTY FIRE DISTRICTS Cash Carryover Revenue Plan Review Fees Total Cash Available: Expenditures~ SALA~IKS & BENEFITS Fire Code Official Salary Fire Code Official Workers Comp (9.34%) Fire Code Official Retirement {17.5%) FAre Code Official Social Security (7.65%) Health/Life Insurance (~;ertime Asst. Fire Code Official Salary Asst. Fire Code Official Worker's Comp (9.34%) Asst. Fire Code Official Retirement (17.5%} Asst. Fire Code Official Social Security (7.65%) Health/Life Insurance Overtime TOTAL SALARIES & BKNEFITS VEHICLE E~P~KSES Ford Ranger XLT Extended Cab 4X4 Ml0cellaneous Vehicle Equipment Gas & Oil Maintenance TOTAL VEHICLE EXPENSES OFFIC~ E~PE~SES County Rental Space Co~puter Workstation & Operating Software Equipment Maintenance & Software Office/Operating Supplies Telephones Codes & Standards Membership Duel & Subscriptions TOTAL OFFIC~ L'XPKXSES Training & Certification Maintenance Physicals Radio for Assistant Pagers Uniforms TOTAL 38 16G 2' 84,400.00 $309,520.00 41,500.00 3,876.10 7,262.50 3,174.75 3,888.00 1,346.75 39,500.00 3,689.30 6,912.50 3,021.75 3,888.00 1,281.85 119,341.50 19,500.00 500.00 1,200.00 400.00 21,600.00 2,000.00 2,500.00 2,500.00 650.00 1,500.00 1,500.00 S00.00 ll,ISO.O0 2,000.00 600.00 3,500.00 300.00 750.00 7,1SO.O0 O~A~ XDE SEK~XCE$ County Plan Review Clerk T~X~L O~SXDE SERVICE CO~TXN~E~C~ ~ ~XPK~'SES 16G 7,500.00 7,500.00 13&,505.50 2 Date: To: From: Re: October 23, 1997 Joyce Houran, Sheriff's Office Sue Barbiretti, Minutes & Records Item #!6H1, BCC meeting date: 10/21/97 Please find attached, for your files, one original Supplemental Grant Award that was approved by the BCC on Tuesday, October 21, 1997. If you have any questions, call me at 774-8406. Thanks, 1 6H"'l U. S. Department of Justice 1 6 H Office of Community On'ented Policing Services COPS Universal Hiring Supplemental Award Application Organization's Name: Grant #: ORI #: Vendor #: Collier County SheritTs Department 95CCW'X0265 FL01100 596000561 Law Enforcement Executive Name: Address: City, State, Zip Code: Telephone: Government Executive Name: Address: City, State, Zip Code: Telephone: Fax: Sheriff Don Hunter 3301 Tamiami Trail East Building J, Government Complex Naples. FL 34112 (941) 793-9203 (941) 793-9333 Chairman Tim Hancock 3301 Tamiami Trail East Naples, FL 34112 (941) 774-8391 (941 ) 774-3602 Award Start Date: April 1, 1995 SuPplemental Award Start Date: August I, 1997 Previous Award Amount: Sl,350,000 Supplemental Award Amount: $675,000 Tot~l Award Amount: 52,025,000 Previous Award End Date: August 31, 1999 Revised Award End Date: July 31, 2000 Previous Number of Offke~: Supplement to Number of Officers: Total Number of Officer~: Full Time: 18 Part Time:. 0 Full Time: 9 Part Time:. 0 F,ll Time: 27 Part Time:. 0 SEP 2 6 L°97 By signingthis award, the signatory official is agreeing to abide by the Conditions of Grant Award found on the reverse side of this document: Signature of Official whh the authority to accept this grant award. Timothy L. Hancock, Chaitu~"~llier County Date form & ~ ~ttt~y County A tt~r~%v Typed Name and Title of Official..0::~. ' ~mi,.ort. - ~ttITE ST : -= · · E. Roa},...... o~.l>uty Clerv .. .,, ,-', CONDITIONS OF SUPPLEMENTAL GRANT AWARD I. The funding under this Universal Hiring Program Supplemental Grant Award may only be used for the payment of the approved salaries and benefits oftho!;e additional, newly hired officers funded under your agency's Universal Hiring Program Supplemental Grant Award. Unless approved in writing by the COPS Office, the funding under this Supplemental Grant Award may not be applied to officers hired before rite Supplemental Grant Award Start Date printed on the other side. In addition, the funding may not be used to hire officers to fill current vacancies for which local funding is available. 2. Your agency remains subject-to the same terms and conditions as were set forth in the original FAST or AHEAD Award. 3. Your agency agrees to complete and keep on file, as appropriate, an Immigration and Naturalization Service Employment Eligibility Verification Form 0-9). This form is to be used by recipients of federal funds to verify that persons are eligible to work in the United States.