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Agenda 12/16/2003 R COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA December 16, 2003 9:00 a.m. Tom Henning, Chairman, District 3 Donna Fiala, Vice-Chair, District 1 Frank Halas, Commissioner, District 2 Fred W. Coyle, Commissioner, District 4 Jim Coletta, Commissioner, District 5 NOTICE: ALL PERSONS WISHING TO SPEAK ON ANY AGENDA ITEM MUST REGISTER PRIOR TO SPEAKING. SPEAKERS MUST REGISTER WITH THE COUNTY MANAGER PRIOR TO THE PRESENTATION OF THE AGENDA ITEM TO BE ADDRESSED. COLLIER COUNTY ORDINANCE NO. 99-22 REQUIRES THAT ALL LOBBYISTS SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES (INCLUDING, BUT NOT LIMITED TO, ADDRESSING THE BOARD OF COUNTY COMMISSIONERS), REGISTER WITH THE CLERK TO THE BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT. REQUESTS TO ADDRESS THE BOARD ON SUBJECTS WHICH ARE NOT ON THIS AGENDA MUST BE SUBMITTED IN WRITING WITH EXPLANATION TO THE COUNTY MANAGER AT LEAST 13 DAYS PRIOR TO THE DATE OF THE MEETING AND WILL BE HEARD UNDER "PUBLIC PETITIONS". ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. ALL REGISTERED PUBLIC SPEAKERS WILL RECEIVE UP TO FIVE (5) MINUTES UNLESS THE TIME IS ADJUSTED BY THE CHAIRMAN. IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF CERTAIN ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL, NAPLES, FLORIDA, 34112, (239) 774-8380; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS' OFFICE. LUNCH RECESS SCHEDULED FOR 12:00 NOON TO 1:00 P.M. 1 December 16, 2003 INVOCATION AND PLEDGE OF ALLEGIANCE AGENDA AND MINUTES A. Approval of today's regular, consent and summary agenda as amended. (Ex Parte Disclosure provided by Commission members for summary agenda.) B. November 14, 2003 - Community Redevelopment Agency C. November 18, 2003 - Regular BCC Meeting SERVICE AWARDS PROCLAMATIONS A. Proclamation to designate December 17, 2003, as A Commemoration of the First Manned Powered Flight. To be accepted by Duke Vasey, Chairman, Collier County Airport Authority. Proclamation to designate Sunday, December 21, 2003, as National Homeless Persons' Day. To be accepted by Mary Soucek, Chairperson and Petro Jones, Incoming Chairperson, Catholic Charities of Collier County. PRESENTATIONS A. Recommendation to recognize Amy Tozier, Department as Employee of the Year 2003. Case Manager, Human Services 6. PUBLIC PETITIONS Item continued from the December 2, 2003 BCC Meetin¢l. Public Petition request by Mr. Charles H. Gunther regarding the removal of the Gateway Triangle from the Community Redevelopment Agency. 7. BOARD OF ZONING APPEALS Item continued from the December 2, 2003 BCC Meetin.q. ADA-2003-AR-4351 Anthony P. Pires, Jr., of Woodward, Pires and Lombardo, P.A., representing Keith and Sue Orschell, requesting an appeal to interpretation AR-4119 pursuant to Division 1.6 and Sections 2.7.3.5.2.2., 5.3.2.1. and 5.3.2.2. of the Collier County Land Development Code (LDC), for replacement of a mobile home in the rural agricultural (A) zoning district for property located at 6167 Adkins Avenue in Section 12, Township 49 south, Range 25 east, Collier County, Florida. 2 December 16, 2003 This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. CU-2002-AR-2354, William Hoover, AICP, ot Hoover Planning and Development, Inc., representing Pastor Roy Shuck of Faith Community Church, requesting Conditional Uses 3 and 4 of the "E" Estates District to add a child care and pre-school to the existing Faith Community Church, located at 6455 22"d Avenue NW, further described as part of Tracts 15 and 16, Golden Gate Estates Unit 97. 8. ADVERTISED PUBLIC HEARINGS A. Public Hearing for the 2003 Cycle 2 Growth Management Plan Amendments (adoption hearing). Bo This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. PUDZ-2003-AR-3905, Terry Kepple, PE, of Kepple Engineering, Inc., representing Stewart Marcus, requesting a rezone from "RSF-I" to "PUD" Planned Unit Development to be known as the Carlisle Regency PUD. The project will consist of a maximum of 35 residential dwelling units and is located at the southeast corner of the intersection of Orange Blossom Drive and Yarberry Lane, in Section 2, Township 49 south, Range 25 east, Collier County, Florida, consisting of 11.7+ acres. 9. BOARD OF COUNTY COMMISSIONERS A. Appointment of members to the Ochopee Fire Control District Advisory Committee. B. Appointment of member to the Golden Gate Estates Land Trust Committee. C. Appointment of members to the Golden Gate Community Center Advisory Committee. D. Appointment of member to the Environmental Advisory Council. E. Appointment of members to the Development Services Advisory Committee. F. Confirmation of member representing the EDC to the Revenue Commission. G. Staff analysis and drafting of an ordinance to regulate the Landscaping Mitigation Bank. (Commissioner Henning) Ho Board of County Commissioners item for discussion, public input and consideration of decision relating to Charter County Form of Government. (Commissioner Henning and David Weigel) 3 December 16, 2003 10. COUNTY MANAGER'S REPORT To obtain Board approval to award RFP #03-3505 "Transportation Roadway Asset Inventory Database" and authorize staff to commence negotiations. Estimated fiscal impact to be $250,000. (Norman Feder, Administrator, Transportation Services) Item continued from the December 2, 2003 BCC Meetin_q. Provide information to the Board of County Commissioners on hours of operation for construction activities including excavating operations. (Joseph K. Schmitt, Administrator, Community Development) Approve Budget Amendment recognizing award of Federal Aviation Administration Grants, eliminating a previously approved project, and returning net adjustment to General Fund. (Gene Schmidt, Executive Director, Airport Authority) Provide information and clarification on the provisions set forth by Code of Laws Section 74-201, the Collier County Consolidated Impact Fee Ordinance, 2001-13, as amended, regarding impact fee assessments for changes of use or new/added development/intensity. (Joseph K. Schmitt, Administrator, Community Development) Authorize staff to proceed with financing requirements to purchase a 49.81-acre parcel of land located in the northeast quadrant of the intersection of Goodlette- Frank Road and Golden Gate Parkway, providing for drainage improvements, transportation improvements and environmental protection. Fiscal impact not to exceed $20,300,000. (Norman Feder, Transportation Services Administrator.) Award a contract to Southwest Utility Systems, Inc., for construction of the Vanderbilt Beach Road Reclaimed Water Main, Bid #03-3529, Project 74034, in the amount of $845,415. (Jim DeLony, Administrator, Public Utilities) Approve a Development Agreement with Stock Development LLC, which among other things, resolves a long-standing issue involving the Lely Resorts PUD and Development Order, and which agreement includes (1) the conveyance to the County, at no cost, of needed right-of-way along Collier Boulevard, and Rattlesnake-Hammock Road and for certain intersection improvements; (2) allows for needed stormwater management projects; (3) requires developer to construct, in place of a six lane roadway, a four lane roadway from Rattlesnake- Hammock Road to Lely Resort Boulevard; (4) requires developer to construct sidewalks, and provide bicycle racks and easements for County bus shelters; (4) requires developer to pay County $200,000 for County's overlay of Lely Boulevard; and (5) requires the County give final acceptance for the maintenance of certain roadways which were previously preliminarily accepted by the County. (Norman Feder, Administrator, Transportation Services Division) 4 December 16, 2003 Direct County Attorney to file appropriate motions to pursue the recovery of funds deposited with the Registry of the Court. (Mike Smykowski, Director, Office of Management and Budget) Recommend that the Board of County Commissioners approve an agreement with the agency for Health Care Administration and Naples Community Hospital for participation in the Upper Payment Limit Program for services provided on behalf of the Human Services Department, County Health Department, and David Lawrence Center to generate an additional $438,915 in Federal Matching Funds annually. (John Dunnuck, Administrator, Public Services) That the Board of County Commissioners approve an agreement and plan to provide out of county transports for Naples Community Hospital (NCH) Healthcare Systems Facilities. (John Dunnuck, Administrator, Public Services) Item continued from the December 2, 2003 BCC Aqenda. Development Tax Category "A" Funding Policy for beach beach park facilities. (Jack Wert, Tourism Director) Approve a Tourist renourishment and 11. PUBLIC COMMENTS ON GENERAL TOPICS 12. COUNTY ATTORNEY'S REPORT 13. OTHER CONSTITUTIONAL OFFICERS 14. AIRPORT AUTHORITY 15. STAFF AND COMMISSION GENERAL COMMUNICATIONS 16. CONSENT AGENDA - All matters listed under this item are considered to be routine and action will be taken by one motion without separate discussion of each item. If discussion is desired by a member of the Board, that item(s) will be removed from the Consent Agenda and considered separately. A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES 1) Lien Resolutions-Code Enforcement Case Numbers: 20030508581Oiga Hirshhorn; 20030707221Aurora Bros; 2003051051/Buitrago, AIvaro; 20030605481Cook, Wesley; 20030705861Stonestreet, William; 2003060299/Tsalach Investments, LLC; 20030606081Baron, Mimon; 20030709861Lora, Bulfrano; 20030709871Lora, Bulfrano; 2003070985/Lora, Bulfrano; 2003080288/Condon, Lelly; 20030815101CNC Investments LLC; 20030810931Shelton, Randolph; 20030809661Ramos, Luis & Maryorie; 5 December 16, 2003 20030901141Galloway, Barbara; 20030706741Dion, 2003071414/Tremblay, Claudette, 2003080361/Seva Est., 2003080930/Wilkinson-Meffert Const. Co. Cheryl; Armand and 2) Petition AVESMT2003-AR4290 to disclaim, renounce and vacate the County's and the public's interest in a portion of the 10 foot wide utility easement conveyed to Collier County by separate instrument and recorded in Official Record Book 1040, Pages 1987 through 1993, and to accept a 15 foot wide relocation utility easement, located in Section 33, Township 48 south, Range 25 east, Collier County, Florida. 3) 4) Requesting Board approval of direction to staff and the County Attorney's Office to take all actions reasonably necessary to amend the Stipulated Settlement Agreement and Court Order pertaining to SDP-88-93, Dorset Park, to reflect approval of the Capital Center Conceptual Plan of Development for property located at the northwest corner of Coach House Lane and Airport- Pulling Road in Section 23, Township 49 south, Range 25 east, Collier County, Florida. Approval of the Satisfaction of Lien for Code Enforcement Board Case No. 2002-030. s) 6) Recommend that the Board of County Commissioners recognize a modification to United States Fish and Wildlife Service Cooperative Agreement No. 1448-40181-98-J-021 to extend the period of performance from September 1, 2003 to December 31, 2003. Request to approve for recording the final plat of "Pelican Marsh Unit Twenty Six". 7) Request Board approval to allow Collier HMA to continue to utilize the name "Collier Regional Medical Center" or "Greater Collier Regional Medical Center" for their proposed new hospital and medical office site on Collier Boulevard in Collier County. 8) Ratification of a Conditional Building Permit issued to Kelly and Wendy Paffel, for the construction of a swimming pool, deck, and cage that allows for a three (3) foot encroachment into the twenty (20) foot wide lake maintenance easement located in Pebblebrooke Lakes. 9) That the Board of County Commissioners approve a resolution that authorizes the Engineering Services Department to petition the South Florida Water Management District to delegate a portion of the Environmental Resource Permitting Program. 1o) Approve Professional Services Agreement No. 03-3473 in the amount of $337,466, for planning services to be provided by HDR, Inc., for a comprehensive zoning overlay for the BayshorelGateway Triangle Redevelopment. B. TRANSPORTATION SERVICES 1) Request the Board approve a resolution which permits the Transportation Services Division Administrator to accept on behalf of the County private 6 December 16, 2003 2) 3) 4) 5) 6) donations of plants for the public benefit, and where appropriate, to give such plants for buffering to private property owners who have been impacted by public projects. Approve a budget amendment for the Forest Lakes MSTU to transfer $587,000 from Reserves for future construction to Capital and Operating Expenditure Budget. Approve two Florida Communities Trust, Florida Forever Grant Contract Agreements, one in the amount of $1,909,200, reimbursement for the purchase of the Barefoot Beach Outparcel and one in the amount of $1,100,000, reimbursement for the purchase of mitigation lands for the Lely Area Stormwater Improvement Project and authorize the appropriate division administrator to execute all documents in connection with each project, as contemplated in the agreements. Board approval to reject all bids received under Bid #03-3567 "Pine Ridge Industrial park M.S.T.U. Drainage Maintenance". Approve the purchase of right-of-way Parcels 120 and 121 required for the expansion of Santa Barbar~ Boulevard and Golden Gate Parkway (Project No. 62081). Total fiscal impact: $602,808. Approve Change Order No. 13 in the amount of $234,015.51 to Ajax Paving Industries, Inc., for the Goodlette-Frank Road Project, from Pine Ridge Road to Vanderbilt Beach Road, Project No. 60134. C. PUBLIC UTILITIES 1) Award Annual Bid #04-3575 for underground utility supplies to various vendors in the estimated amount of $1,000,000. 2) Approve the Satisfaction of Lien documents filed against Real Property for abatement of nuisance and direct the Clerk of Courts to record same in the Public Records of Collier County, Florida. Fiscal impact is $66.00 to record the liens. 3) Adopt a resolution approving the Satisfaction of Lien for a Solid Waste Residential Account wherein the County has received payment and said lien is Satisfied in Full for the 1991 Solid Waste Collection and Disposal Services Special Assessment. Fiscal impact is $12.00 to record lien. 4) Adopt a resolution approving the Satisfaction of Lien for a Solid Waste Residential Account wherein the County has received payment and said lien is Satisfied in Full for the 1992 Solid Waste Collection and Disposal Services Special Assessment. Fiscal impact is $12.00 to record the lien. $) Adopt a resolution approving the Satisfaction of Lien for a Solid Waste Residential Account wherein the County has received payment and said lien is Satisfied in Full for the 1993 Solid Waste Collection and Disposal Services Special Assessment. Fiscal impact is $12.00 to record the lien. 7 December 16, 2003 6) Adopt a resolution approving the Satisfaction of Lien for a Solid Waste Residential Account wherein the County has received payment and said lien is Satisfied in Full for the 1994 Solid Waste Collection and Disposal Services Special Assessment. Fiscal impact is $12.00 to record the lien. 7) Adopt a resolution approving the Satisfaction of Lien for a Solid Waste Residential Account wherein the County has received payment and said lien is Satisfied in Full for the 1995 Solid Waste Collection and Disposal Services Special Assessment. Fiscal impact is $12.00 to record the lien. 8) Adopt a resolution approving the Satisfaction of Lien for a Solid Waste Residential Account wherein the County has received payment and said lien is Satisfied in Full for the 1996 Solid Waste Collection and Disposal Services Special Assessment. Fiscal impact is $12.00 to record the lien. 9) Recommendation to approve the sole source purchase of cartridge filters from George S. Edwards Company Incorporated in the amount of $164,000. 10) Approve a budget amendment for County-Wide Sand Search, Project 90527, in the amount of $425,000. 11) Approve a work order, under Contract #0.1-3271, Fixed Term Professional Engineering Services for Coastal Zone Management Projects, with Coastal Planning and Engineering for responding to permit agency comments and requests for information as part of County-Wide Sand Search, Project 90527, not to exceed $100,000. '12) Approve a work order, under Contract #01-3271, Fixed Term Professional Engineering Services for Coastal Zone Management Projects, with Coastal Planning and Engineering for an environmental assessment in support of a lease agreement with the U.S. Minerals Management Services as part of County-Wide Sand Search, Project 90527, not to exceed $50,000. 13) Approve Work Order CDM-FT-04-02 for utility engineering services related to South County Regional Water Treatment Plant Lime Softening Process, Project 70057, in the amount of $690,664. 14) Approve Work Order HS-FT-04-01 for utility engineering services related to North County Regional Water Treatment Plant Wellfield Reliability, Project 71006, in the amount of $622,350. .15) Approve Work Order CDM-FT-04-01 to Camp Dresser and McKee Engineers for engineering services related to telemetry and scada upgrades for Manatee Pump Station in the amount of $120,696 for Project 70124. 16) Authorize a work order under Contract No. 03-3427 to Professional Service Industries, Inc. (PSI) in an amount not to exceed $375,500 to assist in the preparation of conceptual plans and construction documents to upgrade and reconstruct the facilities at the Immokalee, Marco Island, Naples Airport and Carnestown Recycling and Hazardous Waste Collection Centers. .17) Approve a blanket purchase order with U.S. Filter for maintenance and repair of odor control units at both the North County Water Reclamation Facility and the South County Water Reclamation Facility, in the amount of $163,231. 8 December 16, 2003 18) Approve a Utility Facilities Reimbursement Agreement with Southern Development Company, Inc. (Home Center Plaza). 19) Approve Contract 03-3517 with Greeley and Hansen, LLC, for "Professional Engineering Services for Water Main Projects" in the amount of $889,999 for Projects 70151, 70152 and 70153. 20) Approve Work Order WMI-FT-04-01 under Contract 01-3290 with Wilson Miller Inc., in the amount of $161,500 for professional services associated with rezoning and site development planning for the site of the proposed Northeast Regional Water Reclamation Facility and Water Treatment Plant, Project Numbers 70154 and 73155. 21) Approval of a budget amendment for $47,100 for the operation of the Public Utilities Operations Center. 22) Approve Budget Amendments to transfer carry forward funds in the amount of $119,000 from the Solid Waste Department and $189,000 from the Pollution Control Department to fund the office renovation project for the Public Utilities Offices on the Third Floor of Building H. 23) Approve a scope increase to the project to renourish Hideaway Beach with Upland Sand to include renourishment of Hideaway South Point, Project 90541. 24) Approve a budget amendment to reallocate funds in the amount of $253,000 for the South County Water Reclamation upgrades to the Chemical Feed Systems, Project 72008. D. PUBLIC SERVICES 1) Approve a Florida Emergency Medical Services County Grant Application, Grant Distribution Form and Resolution for training and medical/rescue equipment. 2) Approve Work Order #PBS-02-33, Contract 02-3349 in the amount of $67,940 to Professional Building Systems, General Contractors for the construction of a restroom facility at Roberts Ranch. 3) Approval of a Sole Source Agreement with Medtronic Physio-Control for the maintenance and upgrade of Lifepak Monitors for the Emergency Medical Services Department in the amount of $34,896. 4) Request to appropriate $15,474 to carry forward for the purchase of Automatic External Defibrillators (AED's), which will be placed in high- volume Collier County Government Buildings. 5) Approval of the annual contract between Collier County and the State of Florida Department of Health for operation of the Collier County Health Department at an FY04 cost to the County of $1,462,200. 6) Approve a lease agreement with the Children's Museum of Naples Inc., for vacant land at the North Naples Regional Park at an annual rent of $100. 9 December 16, 2003 E. ADMINISTRATIVE SERVICES 1) Recommendation to award Bid No. 04-3580, On-Call Electrical Repairs and New Installation, to be used by various County departments for maintenance and repairs. (Estimated dollar amount of $100,000) 2) Approve a budget amendment to acknowledge receipt of a $1,000 gift from Wal-Mart Stores Inc., for the installation of a County Government and Museum Sign at the south entrance of the US-41 Main Government Complex. 3) Approve and execute an agreement to provide the District School Board of Collier County, Florida, $102,917.65 from the GAC Land Trust to purchase playground equipment and sunscreens at Sabal Palm Elementary School. 4) Approval of the 2004 contract renewal with Corporate Benefit Services of America, Inc., for group health insurance claims adjusting services. 5) Report and ratify staff-approved change orders and changes to work orders to Board-approved contracts. 6) Approval of the purchase of Group Health Excess Insurance for Calendar Year 2004. 7) In compliance with the purchasing policy, report to the Board of County Commissioners that there were no interest penalty payments for violations of the Florida Prompt Payment Act during the Fiscal Cycle beginning October 1, 2003 and ending September 30, 2003. F. COUNTY MANAGER 1) Approval of a resolution designating the Tourism Department, which operates as The Greater Naples, Marco Island, Everglades Convention and Visitors Bureau, as the Official County Tourism Promotion Agency. 2) Approval of Budget Amendment Report - BA #04-073 in the amount of $25,000 - engineering fees for Vanderbilt Beach Beautification Master Plan. 3) Award Bid #02-3392, Emergency Management Public Safety Wind Protection Project, to Teragram Inc DIBIA AIIsafe Shutters in the amount of $82,000 to provide wind protection to eight (8) public safety facilities in Collier County. G. AIRPORT AUTHORITY H. BOARD OF COUNTY COMMISSIONERS I. MISCELLANEOUS CORRESPONDENCE 1) Miscellaneous items to file for record with action as directed. J. OTHER CONSTITUTIONAL OFFICERS 1) That the Board of County Commissioners make a determination of whether the purchases of goods and services documented in the Detailed Report of l0 December 16, 2003 Open Purchase Orders serve a valid public purpose and authorize the expenditure of County funds to satisfy said purchases. K. COUNTY ATTORNEY 1) Authorize the Making of Offers of Judgment for Parcels 806, 106, 111 and 115B in the Immokalee Road Project (Wilson to Collier Boulevard #60018). 2) Authorize the Making of Offers of Judgment for Parcels 117, 118A, 130, 114, 121 and 122 in the Immokalee Road Project (Wilson to Collier Boulevard #60018). 3) Approve the stipulated final judgment relative to the acquisition of Parcel 218 in the lawsuit styled Collier County v. Kathryn Hankins, et al, Case No. 99-1296- CA, Golden Gate Boulevard Project No. 63041. 4) Approve the stipulated final judgment relative to the acquisition of Parcel 203 in the lawsuit styled Collier County v. Douglas Terry, et al, Case No. 00-1297- CA, Golden Gate Boulevard Project No. 63041. 5) Recommendation that the Board approve a retention agreement for legal services on an "as needed" basis with the Law Firm of Nabors, Giblin and Nickerson, P.A., to meet County purchasing policy contract update requirements. 6) Approve the Stipulated Final Judgment relative to the Acquisition of Parcels 119A, 119B and 719 in the lawsuit styled Collier County v. Daniel F. Johnston, et al, Case No. 02-1446-CA (Goodlette-Frank Road Project #60134). 7) Approve the Mediated Settlement Agreement as to Parcel 194 in the lawsuit entitled Collier County v. Robert W. Pieplow, et us, et al, (Immokalee Road Project 60018) total cost $44,275. 8) Approve the Mediated Settlement Agreement and a Stipulated Final Judgment to be drafted incorporating the same terms and conditions as the Mediated Settlement Agreement relative to the acquisition of Parcels 117, 133, 717A, 717B and 733 in the lawsuit styled Collier County v. Calusa Bay Master Associations Inc., et al, Case No. 02-2040-CA (Goodlette-Frank Road Project No. 60134). 9) Approve the Stipulated Final Judgment relative to the easement acquisition on Parcel 326 in the lawsuit entitled Collier County v. Agnaldo Delima, et al, (Golden Gate Boulevard Project). lo) Accept a Child Dependency Grant-In-Aid of $43,952.76 from the State of Florida, Justice Administrative Commission (JAC) and authorize Chairman to sign the Amendment. 17. SUMMARY AGENDA - THIS SECTION IS FOR ADVERTISED PUBLIC HEARINGS AND MUST MEET THE FOLLOWING CRITERIA: 1) A RECOMMENDATION FOR APPROVAL FROM STAFF; 2) UNANIMOUS RECOMMENDATION FOR APPROVAL BY THE COLLIER COUNTY PLANNING COMMISSION OR OTHER AUTHORIZING AGENCIES OF ALL MEMBERS PRESENT AND VOTING; 3) NO WRITTEN OR ORAL OBJECTIONS 11 December 16, 2003 TO THE ITEM RECEIVED BY STAFF, THE COLLIER COUNTY PLANNING COMMISSION, OTHER AUTHORIZING AGENCIES OR THE BOARD, PRIOR TO THE COMMENCEMENT OF THE BCC MEETING ON WHICH THE ITEMS ARE SCHEDULED TO BE HEARD; AND 4) NO INDIVIDUALS ARE REGISTERED TO SPEAK IN OPPOSITION TO THE ITEM. FOR THOSE ITEMS, WHICH ARE QUASlJUDICAL IN NATURE, ALL PARTICIPANTS MUST BE SWORN IN. Ao This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. Petition AVPLAT2003-AR3673 to disclaim, renounce and vacate the County's and the public's interest in a portion of the 10 foot wide drainage easement located along the rear of Lot 23, according to the plat of "The Lodgings of Wyndemere Section One" as recorded in Plat Book 13, Pages 8 through 12, Public Records of Collier County, Florida, located in Section 19, Township 49 south, Range 26 east. B. This item has been deleted. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. An Ordinance amending Collier County Ordinance No. 72-1, as amended, which created the Collier County Lighting District; to add Trade Center of Naples, Trade Center of Naples Replat of Lots 44 and 45, Industrial Village, Industrial Village No. 2, Kathleen Court, Lot 155 J & C Industrial Park, and J & C Industrial Park to the Collier County Lighting District; by deleting Imperial Golf Estates Unit 1, Imperial Golf Estates II, Imperial Golf Estates III, Imperial Golf Estates I Access Road, Imperial Golf Estates 4, Imperial Golf Estates Unit 5, and Railhead Industrial Park from the Collier County Lighting District; providing for inclusion in Code of Laws and Ordinances; providing conflict and severability; providing an effective date. Do This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. PUDZ-2003-AR-3665, Vincent A. Cautero, AICP, of Coastal Engineering Consultants, Inc., representing Gates McVey- Knopke, LLC, requesting a rezone from the "A' rural agricultural zoning district to a "PUD" Planned Unit Development district to be known as the Lemuria PUD. This project will consist of 72 residential dwelling units for a density of 2.976 dwelling units/acre. The property to be considered for this rezone is located on the east side of Goodlette-Frank Road; north of Orange Blossom Drive, south of Vanderbilt Beach Road, and adjacent to the south of the Collier County Carica' Road Water Storage and Pump Station, in Section 3, Township 49 south, Range 25 east, Collier County, Florida, consisting of 24.21+ acres. 18. ADJOURN INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO THE COUNTY MANAGER'S OFFICE AT 774-8383. 12 December 16, 2003 AGENDA CHANGES BOARD OF COUNTY COMMISSIONERS' MEETING December 16, 2003 Move Item 10C to 14A: Approve Budget Amendment recognizing award of Federal Aviation Administration Grants, eliminating a previously approved project, and returning net adjustment to General Fund. (Staff request.) Add Item 10L: A request for a permit to conduct a carnival hosted by the Naples Junior Chamber of Commerce. (Staff request.) Add Item 10M: Approve an interim agreement between Schenkel Shultz and Collier County to act as architect for the Naples Jail project and retain services of TKW Consulting Engineers, Inc., TLC Engineering for architect, Walker Parking Consultants and Goetz and Stopes Landscaping, retroactive to December 3, 2003 after declaration of emergency. (Staff request.) Withdraw Item 16(B)1: Request the Board approve a resolution which permits the Transportation Services Division Administrator to accept on behalf of the County private donations of plants for the public benefit, and where appropriate, to give such plants for buffering to private property owners who have been impacted by public projects. (Staff request.) Move Item 17D to 8C: PUDZ-2003-AR-3665, Vincent A. Cautero, AICP, of Coastal Engineering Consultants, Inc., representing Gates McVey-Knopke, LLC, requesting a rezone from the "A" rural agricultural zoning district to a "PUD" Planned Unit Development district to be known as the Lemuria PUD. This project will consist of 72 residential dwelling units for a density of 2.976 dwelling units/acre. The property to be considered for this rezone is located on the east side of Goodlette-Frank Road; north of Orange Blossom Drive, south of Vanderbilt Beach Road, and adjacent to the south of the Collier County Carica Road Water Storage and Pump Station, in Section 3, Township 49 south, Range 25 east, Collier County, Florida, consisting of 24.21+ acres. (Staff request.) NOTE: Item 10B will be heard after 1:00 p.m. Provide information to the Board of County Commissioners on hours of operation for construction activities including excavating operations. Item 16(B)5: Pursuant to s.125.355(b), Fla. Stat., approval of this purchase, which exceeds the average appraised price of two appraisals, will require an extraordinary vote (4 of 5) by this Board. Approve the purchase of the right-of- way parcels 120 and 121 requested for the expansion of Santa Barbara Boulevard and Golden Gate Parkway Project #62081. Total fiscal impact $602,808. Item 16(K)3: The County Attorney was able to settle with the property owner for $1000 rather than $800, and received the executed judgment from the owner on December 12, 2003. Therefore, the additional deposit is $600 rather than $400. Also, the correct case number for this item is No. 00-1296-CA rather than 99-1296- CA. PROCLAARA TIO~. manned pow~d flight of o "h~avi~f than air" airc~ft, and WHEREAS, Collier County, Florida, has provided county aviation facilities; and, WHEREAS, Collier County, Floeida, is home to aeranout/cal service providers including Ajrwork$ Enterpr/$ex, Hornet Flight T~imi~, Xan ~om Air Shows, ~a~o A~ation, 5un~ 5~lan~, ~i~, ~., Chain ~ other; and, WHEREAS, Collier County, Flor/do, i$ hom~ to the Lm~mzo Walker -rnstifute of Techonlogy, a school for instruct/on of avian'on $k/715: a US Air Force Auxiliary, Marco Island San/or Squadron, Civil Air ?alrol, and Collier ~odel Aeronautic Club; and, WHEREAS, aviation/s a growin9 economic, engine and as a transportation source, · -onnectx ocli coaa~ --~ ~--' ' .~, -- · - / ' b ~ ~'.~' ~ ~;'; . .. ,... ., ..._. th~ i~m[~ and ~eativi~ to air a~ space flight.. . NOW ~EREEORE, be it proclaimed by th~ Bona. of Cmn~ C~m~m of Caili~e _. ~ ..... ?.~ A~E~T: BROCK, CLERK AGE.NO~-ZT~M No. t-+rt,, , , DEC 02 2o03 PROCLAIAA TZrON ~/HEREA$ : meseorcher$ have shown that over I3 million adults nationwide have been homeless at some point in their lives and the number of individuals and £ami//es needing assistance £rom social service pro, rams continue to increase at an o/arming rate; and, 14/HER EA $ : nearly 34. 6 m/Ilion people across the nan'on were living in poverty /a~t year of which over l~. I m/Ilion of ~ were children wi~h many of whom have no p/ace to ca//home; and, ~VHEREAS: in Co/her County, it is estimated that at any point in time there are over 800 men, women, and children home/ess; and, IMHEREA$: Vt/HERGA $: over fifty £our years have passed since the Aiousin9 Act of 1949 which co/Is £or o decent home and suitable living environment the CMI~ C~ ~ ~'~ ~i/Hon i~ made up over ~i~ ~ local ~/a/ se~ice ~ 9o~a/ a~ncie$ who $h~ ~he m/sston o/ $up~/ng ~he. ~, de/ive~, and c~i~rion o~ h~h ~a//~ se~ic~ ro ~e h~ and homele~ ~ Collier Count; ~d, N/HEREA$: hUn~~' nd homeleasne~s impac~ the ~ti~ ~m~, and each i~i~,.U~a in a c~m~i~ ~n ma~ a di~e in soluti~s to these p~blem$. ~1~io~ begin with a~ and action ~i~ with awa~$$. NO~ THER~ORE: Be i~ p~clai~d ~ the Board o~ Colli~ ~ Commiss/onecs ~ha~ ~hey de~nate 5unday, Decembec 32, ~3 ~ ~i~ Home/~ Pe~$' ~a/ Day BOARD OF COUN~ CO~55ZONEg5 CO~ER CO~N~, FLO~DA A T'I'ES T: TO~ HENMNG, CHAZR~fAN DWIGHT E. BROCK. CLERK DEC 1 6 2003 EXECUTIVE SUMMARY RECOMMENDATION TO RECOGNIZE AMY TOZIER, CASE MANAGER, HUMAN SERVICES DEPARTMENT AS THE EMPLOYEE OF THE YEAR FOR 2003. OBJECTIVE: To recognize Amy Tozier as the "Employee Of The Year" 2003. CONSIDERATIONS: Amy Tozier graduated from Florida Gulf Coast University with a bachelor's degree in Human Services specializing in gerontology. Amy started her employment with Collier County Government in 2000 and has demonstrated significant initiative in working with both her colleagues within County and within the community. In February 2003, she worked with the Health Department and the David Lawrence Center to establish a "Get Help" clinic for the areas homeless. This clinic provided much needed medical and social services for these individuals who live in our area, but are unable to afford housing. Amy has also worked closely with the Services for Senior's staff to initiate and complete the process of automating the entire assessment process for Services for Seniors clients. In order to accomplish this, Amy investigated the successful computerized programs in other Counties and extrapolated their information for the use of our Program. Amy worked on her own time and after hours to fine-tune the computerizing of the required forms and data gathering instruments. She is working with Collier County's Information Technology Department to further the usefulness of the au?~mation by researching a database. Amy's work has been instrumental in allowing Case Managers to be less involved with paperwork and more involved with the attention to the needs of the Collier County's senior population. She has demonstrated exemplary customer service throughout her short tenure at Collier County Government. Amy has intervened in some extremely challenging situations that has required her to work above and beyond her expected responsibilities. Customer satisfaction surveys have consistently indicated that her clients find her not only to be a kind and caring person, but also a consummate professional. FISCAL IMPACT: "Employee of the Yea¢' receives a $250.00 cash award. Funds for this award are available in the Department Budget Cost Center. RECOMMENDATION: APPROVED BY: APPROVED BY: ~ea'r~ ~erritt, directc~r-'" Human Resources Department Len Pri~e, Administrator Administrative Services Division DATE: DEC ] 6 2003 Pg.. , // COI I.IER COUNTY MANAGER'S OFFI 3301East Tamiami Trail · Naples. FL 341!.2 · 239-,'*74-8383 · Fax239-774-4010 November 18, 2003 Mr. Charles H. Gunther 2448 Bayside Street Naples, FL 34112 Re: Public Petition Request Regarding the Removal of the Gateway Triangle from the Community Redevelopment Agency Dear Mr. Gunther: Please be advised that you are scheduled to a2pear before the Collier County Board of Commissioners at the meeting of December 2, 2003, regarding the above referenced subject. Your petition to Ihe Board of County Commissioners will be limited to ten minutes. Please Ue advised that the Board will take no action on your petition at this meeting. However, your petition may be placed on a future agenda for consideration at the Board's discretion. Therefore, your petition to the Board should be to advise them of your concern and the need for action by the Board at a future meeting. The meeting will begin at 9:00 a.m. in the Board's Chambers on the Third Floor of the W. Harmon Turner Building (Building "F") of the government complex. Please arrange to be present at this meeting and to respond to inquiries by Board members. If you require any further information or assistance, please do not hesitate to contact this office. Sincerely, Y3ames V. Mudd ' County Manager JVM/jb cc: David Weigel, County Attorney Joe Schmitt, Administrator, C.D.&E.S. C DEC - 2003 Request to Speak under Public Petition NOV 1 8 2003 Please print ACTION Name: Charles H. Gunther supported by attachmen~- .. Ad,ess: 2448 Bayside Street Naples. FL 34112 Phone: 239 248-1394 Date of the Board Me~tinR you w~sh to soeak: December 2, 2003 Please explain in detail the reason you are requesting to speak (attach additional paee if ....... necessAAs;) > This is a grass roots effort to remove the Gateway Triangle from the Community Redevelopment Agency and create a new District to be known as the "Freedom Triangle" This neighborhood can be bett~r represented as a separate District apart from the .~ayshore District. These two are divergent areas with separate ~-nb1=m~. Th~s is also an effort to be recognized as the "Freedom Trianq!e"the name by which we are commonly known in this neighborhood. ?%ease see attached sheets... Please explain in detail the action you are asldn~ the Commission to take (attach additional page if necessary): The Collier county CRA was created by the Commission under S.R, 163.356. It is within the powers of the Commission to Sunset and/or create distinct Districts within the CRA. I therefore would like the Commission to consider A. Optfo~l 1 and/or Opt:~on :2 as noted on attached sheet. ]~_ T would li~ ~he Commission to recognize the neighborhood name "Freedom Tr~aDqte" as outlined on the attached sheet. This would be mute point if A. Opt iol3 1 amd/or Opt foa 2 were c hose:.~. ,.A(~i~M DEC - 2 2003 pg. D-- PETITION Petitioner: Charles H. Gunther supported by Attachments "A" and "B" 2448 Bayside St. Naples, Florida 34112 239 248-1394 To: Board of CounU,' Commissioners In the County of Collier 3301 Airport Pulling Road Naples. Florida 34112 Re: A. Option 1: To remo~'e altogether the area designated as the "Gateway Triangle" and contiguous areas from the present Community Redevelopment Agency Option 2: To separate the Bayshore/Gateway district of tt' ~ '~A into two separate Districts with the Gateway area renamed as the "Freedom Triangle"with two separate Advisory. Boards, one for the Bayshore District and one for the Freedom Triangle District. B.To have the area with the boundaries of Davis Boulevard, Airport Road, and U.S. 41 (Tamiami Trail) recognized as the "Freedom Triangl~'' Option A. 1 and A. 2 are based on the fact that these are two distinctly separate and divergent areas. The Triangle is very sin~ply but very definitely geographically delineated by Airport Road, Davis Boulevard, and U.S. 41 (Tamiami Trail). Our wastewater problems are separate from the Bayshore wastewater problems as they are basically two separate systems. The Triangle is landlocked whereas the Bayshore area has Bay or Bay inlet frontage creating distinctly different problems. The Triangle is Commercial on almost all three boundary roads with more Commercial and Light Industrial within the Triangle. The Bayshore area basically has only Bayshore Drive zoned Commercial. There is also an established residential area in the Triangle but the Bayshore area has their residential areas separated by Bayshore Drive and the Gated area of Windstar Country Club. The Triangle has created a cohesive neighborhood that is most generally united in their views. The Freedom Triangle is truly a gass roots area. The Residential and Commercial groups can work together in a complimentary manner. Redevelopment can best be achieved by separating the Bayshore/Gateway areas. Part B. of this petition is an outcry from the grass roots to be recognized and to be given the pride bad:_to, go _ I}EC-k~2003 / forxvard as a cohesive neighborhood both Residential and Commercial working together. We only ask that the Freedom Triangle be given the respect that the taxpayers of this County all deserve-let us work with the County.. We should also mention that the name "Freedom Triangle" came from within the neighborhood with the input of the people prior to 9/11 as noted on our petition sheets. The petition sheets were started on August 28, 2001. That's 8/28. That is just a short time before the events of 9/11, but demonstrates that we ~vere definitely not taking advantage of a very, unfortunate event in histoo~. PETITION'BCC.doc ~EE - 2 2003 P.. % LU L.U U.J LU g / Freedom Triangle Association Freedom Triangle Association 2448 Bavside St. Naples, FL 34112 941 ,/4-66o_ c~cleanc~rnediaone, net August 28, 200l Collier County Commissioners; C1~4, Board 3301 Tamiami Trail East Naples, FL 34112 Cc: Para Mac'Kie Donna Fiala, Jim Carter, Jim Coletta, Tom Henning, and Co. Mgr. Tom Olliff Our Association would like to have the name "Gateway Triangle" officially changed to 'Treedom Triangle". This is a neighborhood with very definite physical boundaries being U.S. 41 East, Davis Blvd., and Airport pulling Road South. We have a neighborhood that has been overlooked for many, many years. Now we have been given a name with no meaningful input from the people of the neighborhood. Then to add insult to injury the people of this County have been told that the people here have no pride in our neighborhood. This simply is not so. To arbitrarily give us a name without our input should be enough to remove any pride that we may have. The name "Gateway" is used in this area off Interstate 75 (Exit 21) for a large development. The name "Gateway Plaza" is used on U. S. 41 at Golden Gate Parkway. The Gordon River Bridge is supposedly going to be the "Gateway Bridge". We cannot envision our area with the "Gateway" Computer black and white cow motif as a facade down our three main roads. Many of us feel that "Gateway" is a place to pass through and not a destinati ...... ~I~ID~ ITn'gu M alone is not conducive to good business tbr our commercial area. No.~ DEC - 2 2O03 On the other hand, "Freedom" inspires pride. It is a name that is used elsewhere in the greater trian~e. The greater triangle again is the area between U.S. 41, Davis Blvd., and Collier Blvd. (951). On the South East corner of that triangle we now have "Freedom Square" shopping plaza. The North East Corner has 'naples Heritage" a very fine community. In that same triangle are the "Freedom Horses" at the entrance to Lely Resort. In the Freedom Triangle area we now have three Veterans organizations. They are the Naples Memorial VFW Post #7369 on Linwood Ave., The Hardee Mills Arnerican Legion Post #135 on U.S. 41 East and the Archie Turner A~MVETS Post #23 on Bayshore Drive. All of these fine Vbterans groups represent men and women who fought for our freedom. '`Freedom" is what they deserve. We don't believe "Gateway" is a name to instill pride. "Freedom Iriangle" is a name that instills pride. Freedom is our Heritage! What better way to pull East Naples together, a theme in the name of :'Freedom" By the way, the name of the Boulevard that leads into "Freedom Square from both U.S. 41 and C.R. 951 is Triangle Blvd. Just another piece in the puzzle. In summation, we the people beseech you to please put our request for a neighborhood name change from "Gateway Triangle" to ''Freedom Triangle" on your next agenda and of course we would love your full support in this matter. Chuck Gu ,r)ther President, Freedom Triangle Association No. / ~.~ - 2 21103 Freedom Triangle Neighborhood Name Petition Form We, the undersigned, as Property Owners, Renters, and Supporters of the neighborhood bordered by U. S. 41, Davis Blvd. and Airport Pulling Road, and contiguous properties, which is commonly known as the Freedom Triangle, do hereby request that this area be officially recognized as the Freedom Triangle. Please List addresses in petition area. Please designate if owner, remer, or supporter. Da~ Name (ple. as~ Print) Adalr~ Signam~ Own Rent i' DEC - 2 2003 EXECUTIVE SUMMARY ADA-2003-AR-4351 ANTHONY P. PIRES, JR., OF WOODWARD, PIRES & LOMBARDO, P.A., REPRESENTING KEITH AND SUE ORSCItELL, REQUESTING AN APPEAL TO INTERPERTATION AR-4119 PURSUANT TO DIVISION 1.6 AND SECTIONS 2.7.3.5.2.2., 5.3.2.1. AND 5.3.2.2. OF THE COLLIER COUNTY LAND DEVELOPMENT CODE (LDC), FOR REPLACEMENT OF A MOBILE HOME IN THE RURAL AGRICULTURAL (A) ZONING DISTRICT FOR PROPERTY LOCATED AT 6167 ADKINS AVENUE IN SECTION 12, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA OBJECTIVE: The objective of this Executive Sunnnary is to provide the Board of Zoning Appeals (BZA) with all the relevant information regarding the above referenced matter, and to establish a complete record for consideration by the Board in rendering a determination. CONSIDERATIONS: Section 1.6.6. of the Collier County Land Develop~nent Code (LDC) establishes a procedure for appeal of an official interpretation of the Planr',-g Services Director. In accordance with Section 1.6.6. the Board of Zoning Appeals shall adopt . Planning Services Director's interpretation, with or without modifications or conditions, or reject me interpretation. The Board of Zoning appeals is not authorized to modify or reject the Planning Services Director's interpretation unless it finds that the determination is not supported by substantial competent evidence or that the interpretation is contrary to the Growth Management Plan, the Future Land Use Map, the Land Development Code or the official zoning atlas, or building code, whichever is applicable. On May 1, 2003, staff received a request for an official interpretation of the Collier County Land Development Code (LDC) submitted by Anthony P. Pires, Jr. of Woodward, Pires, & Lombardo, P.A., representing Keith and Sue Orschell (Exhibit "A"). The official interpretation, rendered by the Planning Services Director on May 13, 2003, was advertised in the Naples Daily News (Exhibit "B") and property owners within 300 feet of the subject site were notified (Exhibit "C") in accordance with the procedures established in Division 1.6.6. of the LDC. The request for interpretation focuses on the legality of building permit number 2003010885. This building permit is for the replacement of a mobile home in a Rural Agricultural Zoning District. The request is for a formal interpretation contending that the new replacement mobile home is not authorized or legally appropriate on the subject property. A copy of the Planning Services Director's Official Interpretation Letter is attached (Exhibit "D"). In preparing for the rendering of this interpretation, staff reviewed and relied on the following documents (in addition to those cited elsewhere in this executive summary): ADA-2003-AR-4351 Pa, AGE. I~ A ITEM^ oPsEC 1 6 2003 I::'g. / ,, Document Date(s) Exhibit Amended Appeal submitted by June 24, 2003 "E" Anthony P. Pires, Jr. 1993 "F" Sectionl.8.11. "hnprovements or additions to nonconforming mobile homes" of Collier County LDC Ordinance 93-89 Building Permit Number 71- 494 Building Permit Number 97100520 Plot plan submitted with Building Permit Application Letter submitted by Maureen Schoch owner of subject replacement mobile home, dated May 5, 2003 in re>ponse to Interpretation request January 10,1971 October 27, 1997 October, 2002 May 5, 2003 The official interpretation (Exhibit D") sets forth in detail the rationale used in making this interpretation. In summary, the interpretation is as follov,'s: The Collier County Land Development Code addresses nonconformities in Division 1.8. Within this Division, a Section exists, Sectic,n 1.8.11, which specifically addresses nonconforming mobile homes in the Rural Agricultural Zoning District only. The section addresses nonconforming mobile homes that contain a conforming use and their replacement within the Rural Agriculture district. The improvement or addition must meet the setbacks of the district. This is a departure from the manner in which the LDC treats all other nonconforming structures. All other nonconforming structures addressed by the LDC cannot increase or enlarge their nonconformity. The LDC allows a distinction for mobile homes in Rural Agricultural Zoning districts, only requiring that the setbacks for the Rural Agricultural Zoning district are met. Also, the section qualifies the type of mobile homes for which this is applicable, as those that contain conforming uses. For the purpose of this section, a conforming use is limited to that of a residence. This section does not protect mobile homes used for other uses, such as storage. The mobile home replacement authorized by building permit number 2003010885 at 6167 Adkins Avenue has been determined by the Building Review and Permitting Department staff to meet both of these qualifying requirements of use and dimensional compliance. ADA-2003-AR-4351 No.AGENOAq ITE~f._i 16 2003 p~. c~ Subsection 1.8.11.1.1. addresses the specific submittal requirements for a mobile home replacement, which are a site plan and a copy of the building permit for the mobile home being replaced. To obtain Building Permit number 2003010885 for 6167 Adkins Avenue, Maureen Schoch, the owner of the property, submitted the required plans for the property as well as the required proof of original building permit. A plot plan (Exhibit 'T') for the property showing the location of the replacement mobile home and its relationship to the parcel boundary lines and other structures was submitted with the building permit application in accordance with the regulations. The original building permit for the location was issued on January 10, 1971, under permit number 71-494 (Exhibit "G"). This original b ,ilding permit date of issue establishes the mobile home at the location as a permitted use in the Agricultural Zoning District. At that time mobile homes were permitted within the A-2 zoning district. Subsequently, the agricultural zoning regulations were changed in 1974 and mobile homes were eliminated from the list of permitted uses within the Agricultural Zoning District. This original building permit is the instrument which establishes the mobile home as a legal nonconforming use. In October of 1997, the original mobile home on the property was replaced with a newer model authorized by building permit number 97100520 (Exhibit "H"), utilizing the regulations contained within Section 1.8.11. Proof of the issuance of this building permit was supplied with the building permit application indicating the structure was in compliance with the regulations Based upon the two above referenced sections of the LDC and the regulations contained within, a clear procedure has been established pertaining to nonconforming mobile homes in the Rural Agricultural Zoning district. The mobile home located at 6167 Adkins Avenue meets the regulatorjy requirements dictated by these regulations. Mrs. Schoch within the past six years has twice utilized the provisions of the LDC, protecting her right to utilize an originally permitted use, by complying with the procedures established for the replacement of the mobile home located upon her property. The issuance of building permit number 2003010885 has been found by the Community Development and Environmental Services Division to comply with the procedural and substantive regulations relating to the matter. The amended appeal to the official interpretation submitted by Mr. Pires (Exhibit "E") sets forth in detail his objections to the official interpretation. The main points are as follows: 1) 2) 3) 4) 5) ADA-2003-AR-4351 The plain meaning of statutory language is the first consideration of statutory construction. The Request For Interpretation requested that the Director interpret two sections within Division 1.8 of the LDC. The Interpretation only addressed the provisions in Section 1.8.11 and completely ignored the provisions of Section 1.8.10. The interpretation does not even acknowledge the existence of Section 1.8.10 of the LDC INTP-2003-AR-4119 is not supported by substantial competent evidence and is erroneous. For all the reasons outlined and contained within INTP-2003-AR-4119 is incorrect. INTP-2003-AR-4119 fails to address or consider the application of the provisions of Section 1.8.10 of the LDC concerning replacement of non-conforming mobile homes. The building permit #2003-010885 was for the replacement of a mobile home and not for an improvement or addition to a mobile home. ,¢_~^ ~ · ~'~g~ ~s BEC 1 FISCAL IMPACT: Approval or denial of the appeal would have no quantifiable fiscal impact upon the County. A negative decision may have a substantial fiscal impact to the owner of the replacement mobile home in relation to the removal of the replacement mobile home or the cost and time associated with the re-permitting of the structure. GROWTH MANAGEMENT IMPACT: Not applicable. RECOMMENDATIONS: That the Board of Zoning Appeals uphold the interpretation of the Planning Services Director regarding the replacement of a mobile home in the rural Agricultural Zoning district. ADA-2003-AR-4351 AGENOA ITE~ ,,,,,. DEC 1 6 2003, ~o 4 of 5 PREPARED BY: MIKE BOSI, AICP, PRINCIPAL PLANNER DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW DATE REVIEWED BY: I:~AY B~LI~OVv~, CHIEF PLANNER DEPARTMENT OF ZONING ,AND LAND DEVELOPMENT REVIEW DATE SAN MURRAY, AICP, INTEI~IM DIRECTOR DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW /a-~-O~ DATE APPROVED BY: JOSEPH K. SCHMITT COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES ADMi ..... TnATOR Executive SummaryADA-200J-AR-4351 ADA-2003-AR-4351 Page s of ~DEC 1 6 2003 (..- 0 0 ._J EXHIBITS "A-J" DEC I 6 2003 CARRII: E. (2~>,I]I[XJ.[ILBBARI) BLRT L. S\L XI)I!R% ["l. lZ \; .J · rBoard Certified Real Estate Atrorr~c'. > (Board Cetrir2cd (:in.'. CounT ami Local Government · ~Cerr~t~ed Circuit L2~ ti Med:aror~ ~ ,Ccrnfied Famd~ [.a~ Med:ator~ & ,.kilo X Ln:rre. d :n 3200 Tamiami Trail N. Suite 2oo Naples, FL 34zo3 TEl_ (239) 649-6555 FAX (239) 649-7342 www. wpl-legal.com Exhibit "A" WOODWARD, PIRES & LOMBARDO, P.A. Attorneys-At-Law May 1, 2003 VIA HAND DELIVERY RECEIVED Ms. Margaret Wuerstle Planning Services Director 2800 North Horseshoe Ddve Naples, FL 34104 Joseph K. Schmitt Development Services Director 2800 North Horseshoe Ddve Naples, FL 34104 Re: Request for Formal Interpretation Building Permit No. 2003010885 Mobile Home Replacement Dear Ms. Wuerstle: This letter constitutes an application pursuant to Division 1.6 and Section 2.7.3.8 of the Collier County Land Development Code (LDC), and the provisions of Chapter 67-1246, Laws of Flodda, for a formal interpretation of provisions of the Collier County Land Development Code (LDC) concerning the replacement or enlargement of a mobile home on property zoned '%" Agricultural. This law firm represents Keith and Sue ©rschell C©rschells'). This request for a formal interpretation is being requested by the Orschells as property (land) owners in and residents of Collier County, and as affected persons. Keith and Sue Orschell own property located at 6266 Adkins Avenue, Naples, Florida, Folio # 00422640006, and further described in that certain deed recorded at Official Records Book 651, Page 1924, Public Records, Collier County, Flodda. (See Exhibit "A") This request for a formal interpretation requests a formal interpretation of certain provisions of Division 1.8 of the LDC (more particularly Sections 1.8.10 and 1.8.11) and Section 2.2.2 of the LDC, the Rural Agricultural ("A") District Regulations, and their application to certain real property located at 6167 Adkins Avenue, Naples, Flodda, owned by Maureen Schoch (see Exhibit "B"). Under Section 2.2.2.2.1.1 of the LDC, permitted uses of the "A" District, "a single family dwelling" is a permitted use (see Exhibit "C"). Pursuant to the definition of "Dwelling, single-family or one-family" at pages LDC6:20.1 and LDC6:21, "f. A mobile home shall not be permitted in zoning districts which allow single-family dwellings as permitted uses unless the term mobile home is expressly stated as a permitted or conditional use." (See Exhibit "D") INTP-2003-AR- PROJECT #20( DATE: 5/7/03 MIKE BOSI ~050006 DEE 1 $ 2D03 A mobile home is very strictly regulated in the "A' District and is only allowed as either a temporary residence while a permanent single-family dwelling is being constructed (see Section 2.2.2.2.2.7, LDC) and then only for a limited time; and, in conjunction with bona fide commercial agricultural activities (see Section 2.2.2.2.2.9, LDC); and then again only under certain conditions. Thus a mobile home in the "A" Distdct does not per se qualify as a single-family dwelling. With regards to the "replacement mobile home" at 6167 Adkins Avenue, I am not aware that the property or mobile home is, has been, or is contemplated being utilized under the scenarios outlined in the above noted Sections 2.2.2.2.2.7 and 2.2.2.2.2.9 of the LDC. The property at 6167 Adkins Avenue is zoned Agricultural as outlined on the attached zoning map (Exhibit "E"). The placement of a new, larger, replacement mobile home was recently authorized on this property pursuant to building permit No. 2003010885 (Exhibit "F"). As cleady stated in the building permit application for #2003010885, this building permit is for a mobile home that is a replacement for a previously existing mobile home. The previously existing mobile home was a double- wide placed on the subject property in 1997. The new replacement mobile home is a triple-wide. The new, replacement mobile home is not only larger than the one it replaces, it is also located on a different portion of the subject property. The Agricultural Distdct regulations in the LDC do not allow mobile homes as principal structures or principal permitted uses. In those instances where a mobile home was a principal use prior to the revised LDC provisions, previously existing mobile homes could remain as a non- conforming structure. Division 1.8 of the LDC address non-conformities, such as a non conforming structures. Section 1.8.10.4 of the LDC states as follows: "Non-conforming residential structures, which for the purposes of this section shall mean detached single family dwellings, duplexes, or mobile homes in existence at the effective date of this zoning code or its relevant amendment and in continuous residential use thereafter, may be altered, expanded or replaced upon recommendation of the Collier County Planning Commission and approval of the Board of Zoning Appeals by Resolution." Additionally, Section 1.8.10.1 of the LDC states that: "...provided, however, that the alteration, expansion, or replacement of non-conforming single family dwellings, duplexes or mobile homes shall be permitted in accordance with Section 1.8. 10.4. (i. e. by the Board of Zoning Appeals)" The first paragraph of Section 1.8.10.4 of the LDC provi( "Nonconforming residential structures, which for the purpose of this section shall mean 2 DEC 1 6 2003 detached single-family dwellings, duplexes or mobile homes in existence at the effective date of this zoning code or its relevant amendment and in continuous residential use thereafter, may be altered, expanded or replaced upon recommendation of the Collier County planning commission and approval of the board of zoning appeals by resolution." I am not aware of any application or petition being filed and reviewed by the Collier County Planning Commission ("CCPC") and approved by the Board of Zoning Appeals that would authorize the location and placement of a replacement mobile home on the property at 6167 Adkins Avenue. Section 1.8.11.1.1 of the LDC only addresses nonconforming mobile homes containing conforming uses in the "A" Agricultural District. There is no conforming use associated with this new, larger, revised siting replacement mobile home. Thus, this request for a formal interpretation that the new replacement mobile home, is not suthodzed or legally appropriate on the subject property. Accompanying this request is check ,~6105 in the amount of $275.00 representing the requisite filing fee. If you have any questions please do not hesitate to contact me. We look forward to the processing of this request and a timely reply and response. If there is any additional information required, please do not hesitate to contact me. Very tru~ / MBARDO, P.A. ~rYh fh 6ny-P."-P i re/Jr. APPIalr Enclosures cc wlenc.: client '~ enc.: Schoch F:\US ER S~,PP\OrschelIWIO BILEH OME~eqFormlnterp05-01-03.wpd 3 ' AGENDA ITEM DEC 1 6 2003 Exhibit "B" COLLIER COUNTY GOVERNMENT May 27, 2003 Community Development and Environmental Services Division Planning Services Department · 2S00 North Horseshoe Drive · Naples, Florida 34 I04 Naples Daily News 1075 Central Avenue Naples, Florida 33940 ATTENTION: LEGAL ADVERTISING Dear Ms. Perrell: Please publish the following Legal Notice in your edition of May 3 l, 2002, and furnish proof of publication to the Development Services Building, Current Planning, 2800 North Horseshoe Drive, East Naples, Florida 34104, Attention: Cecilia Martin. NOTICE OF OF t:ICIAL INTERPRETATION Pursuan amended, Notice of Official Interpretation o_f Collier County Land Development Code Ordinance .o Division f.:~: of the Collier County Land Development Code (LDC), Ordinance 91-102, as public notice is hereby given of an official interpretation. INTP-2003-AR-4119Anthony P. Pires, of Woodward, Pires & Lombardo, P.A., representing Keith and Sue Orschell, requesting a formal interpretation concerning the replacement or enlargement of a mobile home on property zoned "A" Agricultural. Property is located at 6167 Adkins Avenue. This formal interpretation requests an interpretation of certain provisions of Division 1.8 of the LDC (particularly Sections 1.8.10 and 1.8.11) and Section 2.2.2. Request for rendering of an official interpretation of the Collier County Land Development Code (LDC) as it relates to "the replacement or enlargement of a mobile home on property zoned "A" Agricultural." Specifically, a determination on whether building permit number 2003010885, for property located at 6167 Adkins Avenue, Naples, Florida was issued in compliance with the pertinent regulations of the Collier County Land Development Code. The Collier County Land Development Code addresses nonconformities in Section 1.8. Within this section a subsection exists, Section 1.8.11., which specifically addresses nonconforming mobile homes in the agricultural district only. Sec. 1.8.11. Improvements or additions to noncor. Jorming mobile homes. - Improvements or additions to noncot. Jorming mobile homes containing cor. Jorming uses, in the A agriculture district oniy, shall be per~nitted ,J the addition or improvement comMge&tld, o~h the sitback and other afplicable regulations. . DEC 1 6 2CG3 Phone (239) 403-2400 Vax ~ 27~} (,~-3 The section addresses nonconforming mobile homes that contain a conforming use and their replacement within the agriculture district. The improvement or addition must meet the setbacks of the district. This is a departure from the manner in which the LDC treats all other nonconforming structures. All other nonconforming structures addressed by the LDC cannot increase or enlarge its nonconformity. The LDC allows a distinction for mobile homes in agriculture districts, only requiring that the setbacks for the agricultural district are meet. Also, the section qualifies the type of mobile homes applicable to this section, as ones that contain conforming uses. For the purpose of this section, a conforming use is limited to that of a residence. This section does not protect mobile homes used for other principal uses, such as storage. The mobile home replacement authorized by building permit number 2003010885 at 6167 Adkins Avenue has been determined by the Community Development and Environmental Services Division to meet both of these quali~,ing requirements of use and dimensional compliance. For a copy of the actual interpretation letter, please contact the Collier County Planning Services Department at 403-2400 by phone, or by mail at 2800 Nort}, Horseshoe Drive, Naples, FL 34104, Attention: Cecilia Martin. Within 30 days of publication of this public notice, any atfected property owner or aggrieved or adversely affected party may appeal the interpretation to the Board of Zoning Appeals. An affected property owner is defined as an owner of property located within 300 feet of the property lines of the land for which the interpretation is effective. An aggrieved or adversely affected party is defined as any person or group of persons which will suffer an adverse effect to an interest protected or furthered by the Collier County Growth Management Plan or Land Development Code. A request for appeal must be filed in writing and must state the basis for the appeal and include any pertinent information, exhibits, or other back-up information in support of the appeal. The appeal must be accompanied by a $500.00 application and processing fee. (If payment is in the form of a check, it should be made out to the Collier County Board of Commissioners.) An appeal can be hand delivered to my attention at the address provided. Please do not hesitate to contact me by phone (403-2400) should you have any further questions on this matter. Margaret Wuerstle, AICP Collier County Planning Services Director. DEC 16 2003 Exhibit "C" COLLIER COUNTY GOVERNMENT May 27, 2003 Community Development and Environmental Services Division Planning. Services Department · 2S1)0 North Horseshoe Drive · Naples. Florida 34104 CURRENT PLANNING Dear Property Owner: This is to advise you that you own property located ~vithin 300 feet of the property lines of the land for which the following described official interpretation is effective: Notice of Official Interpretation , of Collier Count~' Land Development Code Ordinance Pursuant to Division 1.6 of the Collier County Land Development Code (LDC), Ordinance 91-102. as amended, public notice is hereby given of an official interpretation.. The interpretation is · INTP-2003-AR-4119 .z hony P. Pires£gf Woodward, Pires & Lombardo, P.A., representing Keith and Su. Orschell, requesting a formal interpretation concerning the replacement o enlargement of a mobile home on property zoned "A" Agricultural. Property is located at 616', Adkins Avenue. This formal interpretation requests an interpretation of certain provisions of Division 1.8 of the LDC (particularly Sections 1.8.10 and 1.8.11) and Section 2.2.2. Request for rendering of an official interpretation of the Collier County Land Development Code (LDC) as it relates to "the replacement or enlargement of a mobile home on property zoned "A" Agricultural." Specifically, a determination on whether building permit number 2003010885, for property located at 6167 Adkins Avenue, Naples, Florida was issued in compliance with the pertinent regulations of the Collier County Land Development Code. The Collier County Land Development Code addresses nonconformities in Section 1.8. Within this section a subsection exists, Section 1.8. I 1., which specifically addresses nonconforming mobile homes in the agricultural district only. Sec. 1.8.11. Improvements or additions to noncor, Jorming mobile homes. - Improvements or additions to noncor, jorming mobile homes containing cor, Jorming uses, in the A agriculture district omy, shall be permitted ,j the addition or improvement complies Juliy with the setback and other ai:plicable regulations. The section addresses nonconforming mobile homes that contain a conforming use and their replacement within the agriculture district. The improvement or addition must meet the setbac~ sot tllg~,16'liri~,,,This ' a departure from the manner in which the LDC treats all other nonconforming stru, tureaa. All other 7~ DEC 1 6 2003 Phone (239) 403-2400 Fax ~ _'3t)~ r~43-(¢)~,5 nonconforming structures addressed by the LDC cannot increase or enlarge its nonconformity. The LDC allows a distinction for mobile homes in agriculture districts, only requiring that the setbacks for the agricultural district are meet. Also, the section qualifies the type of mobile homes applicable to this section, as ones that contain conforming uses. For the purpose of this section, a conforming use is limited to that of a residence. This section does not protect mobile homes used for other principal uses, such as storage. The mobile home replacement authorized by building permit number 2003010885 at 6167 Adkins Avenue has been determined by the Community Development and Environmental Services Division to meet both of these qualifying requirements of use and dimensional compliance. For a copy of the actual interpretation letter, please contact the Collier County Planning Services Department at 403-2400 by phone, or by mail at 2800 North Horseshoe Drive, Naples, FL 34104, attention Cecilia Martin. Within 30 days of publication of this public notice, any affected property owner or aggrieved or adversely affected party may appeal the interpretation to the Board of Zoning Appeals. An affected property owner is defined as an owner of property locate:.~ . 4thin 300 feet of the property lines of the land for which the interpretation is effective. An aggrieved o~ adversely affected party is defined as any person or group of persons which will suffer an adverse effect to an interest protected or furthered by the Collier County Groxvth Management Plan or Land Development Code. A request for appeal must be filed in writing and must state the basis for the appeal and include any pertinent information, exhibits, or other back-up information in support of the appeal. The appeal must be accompanied by a $500.00 application and processing fee. (If payment is in the form of a check, it should be made out to the Collier County Board of Commissioners.) An appeal can be hand delivered or mailed to my attention at the address provided. Please do not hesitate to contact me by phone at 403-2461 should you have any further questions on this matter. The interpretation file and other pertinent information related to this interpretation is kept on file and may be reviexved at the Development Services Center located at the address listed above. Please contact the staff member noted below at 403-2400 to set up an appointment if you wish to review the file. ~rely, , Margar~Vuerstle, AICP Planning/Services Director Community Development and Environmental Services MW/cm DEC 1 6 2003 /5/ _ Exhibit "D" COLLIER COUNTY GOVET 2Tb/tENT Planning Services Department · 2800 North Horseshoe Drive - Naples, Florida 34104 May 13, 2003 Anthony P. Pires, Jr. Woodward, Pires & Lombardo, P.A. 3200 Tamiami Trail North - Suite 200 Naples, FL 34103 RE: INTP-2003-AR-4.119; Request for official interpretation regarding the replacement or enlargement of a mobile home on property zoned "A" Agricultural; Per Division 1.6 of the Collier County Land Development Code (LDC) Dear Mr. Pires: You have asked me to render an official interpretation of the Collier County Land Development Code (LDC) as it relates to "the replacement or enlargement of a mobile home on property zoned '"A" Agricultural." Specifically you want a determination on whether building permit number 2003010885, for property located at 6167 Adkins Avenue, Naples, Florida was issued in compliance with the pertinent regulations of the Collier County Land Development ' de. The Collier County Land Development Code addresses nonconformities in Section 1.8. Within th~ section a subsection exists, Section 1.8.11., which specifically addresses nonconforming mobile homes in the agricultural district only. Sec. 1.8.11. Improvements or additions to nonconforming mobile homes. - Improvements or additions to nonconforming mobile homes containing conforming uses, in the A agriculture district only, shaft be permitted if the addition or improvement complies fully with the setback and other applicable regulations. The section addresses nonconforming mobile homes that contain a conforming use and their replacement within the agriculture district. The improvement or addition must meet the setbacks of-the district. This is a departure from the manner in which the LDC treats all other nonconforming structures. All other nonconforming structures addressed by the LDC cannot increase or enlarge its nonconformity. The LDC allows a distinction for mobile homes in agriculture districts, only requiring that the setbacks for the agricultural distdct are meet. Also, the section qualifies the type of mobile homes applicable to this section, as ones that contain conforming uses. For the purpose of this section, a conforming use is limited to that of a residence. This section does not protect mobile homes used for other principal uses, such as storage. The mobile home replacement authorized by building permit number 2003010885 at 6167 Adkins Avenue has been determined by the Community Development and Environmental Services Division to meet both of these qualifying requirements of use and dimensional compliance. interpertation 6167 Adkins~venueo , ~:~ i'" DEC 1 6 2003 elof3 Ps. / Section 1.8. specifically addresses mobile home replacement within Section 1.8.11.1.1. Sec. 1.8. 11.1.1. Prior to issuance of any building permit for replacement of a mobile home, the property owner or authorized agent shaft provide the site development review director, or his designee, with three copies of a scaled drawing of the subject parcel which indicates: 1. Proof of building permit issuance for structure being replaced. 2. The location of the structure to be replaced and its relationship to adjacent mobile homes and parcel boundaries. This section addresses the specific submittal requirements for a mobile home replacement, which are a site plan and a copy of the building permit for the mobile home being replaced. To obtain building permit number 2003010885 for 6167 Adkins Avenue, Maureen Schoch the owner of the property submitted the required plans for the pro,perry as well as the required proof of original building permit. The original bu ding permit for the location was issued on January 10, 1971 under permit number 71- 494. A plot plan for the property showing the location of the replacement mobile home and its relationship to the parcel boundary lines and other structures was submitted with the building permit application. This original building permit date of issue establishes the mobile home at the location as a perrT, i~ted use in the agricultural zoning district. Subsequently, c~ ~e agricultural zoning regulations were changed in 1992 and mobile homes were eliminated from the list of permitted uses within the agricultural zoning district. This original bui!ding permit is the instrument which establishes the mobile home as a legal nonconforming use. In October of 1997, the original mobile home on the property was replaced with a newer model authorized by building permit number 97100520, utilizing the regulations contained within Section 1.8.11. Proof of this building permit was supplied with the building permit application in compliance with the regulations. Based upon the two above referenced sections of the LDC and the regulations contained within, a clear procedure has been established pertaining to nonconforming mobile homes in the agricultural district. The mobile home located at 6167 Adkins Avenue meets the regulatory requirements dictated by these regulations. Mrs. Schoch within the past six years has twice utilized the provisions of the LDC, protecting her right to utilize an originally permitted use, by complying with the procedures established for the replacement of the mobile home located upon her property. The issuance of building permit 2003010885 has been found by the Community Development & Environmental Services Division to comply with the procedural and substantive regulations relating to the matter. Pursuant to Divis: ~ ¢' of the LDC, this interpretation has been sent to you via certified mail, r6turn receipt requester.. .... tis is a site-specific interpretation, all property owners within 300 feet of the subject property will be mailed notice of this interpretation and a notice of this interpretation and appeal time frames will be advertised in the Naples Daily News. Within 30 days of receipt of this letter, or within 30 days of publication of the public notice, any affected property owner or aggrieved or adversely affected party may appeal the interpretation to the Board of Zoning Appeals. An affected property owner is defined as an owner of property located within 300 feet of the property lines of the land for which this interpretation has been rendered. An aggrieved or adversely affected party is defined as any person or group of persons, who will suffer an adverse effect to an interest, protected or furthered by the Collier County Growth Management Plan or the Land Development Code. A request for an appeal must be filed in writing and must state the basis for the appeal and include any pertinent information exhibits, or other back-up informa inn in "'"""'_"~- of-the appeal, t~_ ~' ?~ DEC 1 6 2003 Interpertation 6167 Adkins Avenue Pa< 2 of 3 The appeal must be accompanied by a $500.00 application and processing fee. If payment is in the form of a check, it should be made payable to the Collier County Board of Commissioners. An apt' can be hand-delivered or mailed to my attention at the address provided. Please do not hesitate contact me should you have questions on this matter. ,~cerely, Margar~,tlWuerstle, AICP, Director Ptannin~Services Department cc: Collier County Board of Commissioners James V. Mudd, County Manager Joseph K. Schmitt, Administrator, Community Development & Environmental Services Division Patrick G. White, Assistant County Attorney ~...Marjorie M. Student, Assistant County Attorney , DEC 1 6 2003 / 7 Interpertation 6167 Adkins Avenue Page 3 of 3 Exhibit "E" '.'; ' ~'~,'-' ~ '~' ~-'~ ~Yf~ ~fi', ''~ ~..):~'L~,.~ .\lARK J. ANTHONY P. Pm~S,JR. j. CHRISTOPHER LO.\IBARDO STEVEN M BLOUNT CARRIE E. L.\DEM,kX4 CYNTHIA J. Iq'L BBARD BURT L. SAL'NDERS OF COt'XSF~L '~F,,~r ~. Certified Real Estate '~o;. ~ Cert:fied CiD; County and Local Government :\ttornev) !Certx~ed Circuit Cix~ Mediator) ,Certi(ied Fam~!~ Law Mediatori · h-\~$o 3. dmitted in June 24,2003 Margaret Wuerstle, Director Planning Services Department 2800 North Horseshoe Drive Naples, Florida 34104 Joseph K. Schmitt, Administrator Community Development and Environmental Services 2800 North Horseshoe Drive Naples, Florida 34104 Board of Zoning Appeals Board of Collier County Commissioners Attention: Tom Henning, Chairman 3301 Tamiami Trail East Building F Naples, Florida 34112 VIA HAND DELIVERY AMENDED APPEAL Re: Board of Zoning Appeals; Collier County Board of County Commissioners; Appeal of Written Formal Interpretation INTP-2003- AR-4119 [with a date of May 13, 2003, postmarked May 27, 2003, and received May 29, 2003]; concerning Building Permit #2003-010885, Replacement of Mobile Home In Agricultural "A" District 3200 Tamiami Trail N. Suite 2oo Naples, FL 34m3 ~' TEL (239) 649-6555 }:AX (239) 649-7342 ~'x~:wpl-le~zal.co m - F':\US ERS~AP P\ORSC H E LL~,IOBILEHOME~/~MENDEDAPPEAL.DOC A~A IT~}~' DEC 1 6 2003 Dear Chairman Henning, Ms. Wuerstle and Mr. Schmitt: By letter dated May 13, 2003 [mailed with an envelope postmarked May 27, 2003, received via certified mail on May 29, 2003] an official interpretation, INTP-2003-AR- 4119, was signed by Margaret Wuerstle as Planning Services Department Director, hereinafter referred to as "Administrator" or "Director". A true and correct copy of said interpretation INTP-2003-AR-4119 [together with the postmarked envelope] is attached hereto and made a part hereof as Exhibit The Request For Formal Interpretation ("RFI") which lead to INTP-2003-AR-4119 (hereinafter also referred to as "INTP' or "AR-4119") was filed on May 1, 2003 [see attached Exhibit "El"]. The RFI requested a formal interpretation of provisions of the Collier County Land Development Code (LDC), in Division 1.8 (Sections 1.8.10 and 1.8.11) concerning the replacement or enlargement of a non-conforming mobile home on property zoned "A" Agricultural. The building permit at issue was for a replacement mobile home and not for an improvement or addition to a mobile home. The RFI requested that the Director interpret two sections within Division 1.8 of the LDC. The INTP only addresses the provisions in Section 1.8.11 and completely ignored the provisions of Section 1.8.10. The INTP does not even acknowledge the existence of Section 1.8. t0 of the LDC This Appeal is being timely filed within thirty (30) days of the date of receipt of the Interpretation. The Appellants herein are the applicants in the RFI, are property owners in Collier County and are adversely affected, or aggrieved parties. THE APPELLANTS The Appellants herein qualify as property owners, adversely affected property owners; persons aggrieved; aggrieved parties, and/or parties who have a right to appeal said interpretation to the Board of County Commissioners and/or the Board of Zoning Appeals by virtue of Division 1.6 and Sections 2.7.3.5.2.2, 5.3.2.1 and 5.3.2.2 of the Collier County Land Development Code CLDC"); and Sections 250-55 through 250-60, inclusive, of the Codes of Laws and Ordinances of Collier County, Florida (Ch. 67-1246, Laws of Florida, Sections 13 through 18, inclusive). Keith and Sue Orschell (the "Orschells") own property located at 6266 Adkins Avenue, Naples, Florida, Folio # 00422640006, and further described in that certain deed recorded at Official Records Book 651, Page 1924, Public Records, Collier County, Florida. (See Exhibit "C") The RFI was made by the Orschells as property (land) owners in and residents of Collier County, and as affected persons. The Orschells, because of their proximity to the property involved in INT-2003-AR-4119, stand to suffer special damages; have a definite interest exceeding the general interest in community good shared in common with all persons or citizens; and have a legitimate and protectable interest in preservation and character of their community. F:\US E RS~a, PP\ORSCHELLWIOBILE HOMEV~MEN DE DAPPEAL, DOC DEC 16 2003 This letter (and its Attachments and Exhibits), and accompanying Notice of Appeal are notice of, is and constitutes the appeal to the Board of County Commissioners ("BCC") and/or the Board of Zoning Appeals ("BZA") of said interpretation INTP-2003-AR-4119. The Appellants herein have a right to appeal said interpretation to the Board of County Commissioners and/or the Board of Zoning Appeals. PRELIMINARY The bases for this appeal, although not exhaustive are as follows: 1 ) The plain meaning of statutory language is the first consideration of statutory construction. The RFI requested that the Director interpret two sections within Division 1.8 of the LDC. The Interpretation only addressed the provisions in Section 1.8.11 and completely ignored the provisions of Section 1.8.10. The Interpretation does not even acknowledge the existence of Section 1.8.10 of the LDC. 2) INTP-2003-AR-4119 is not supported by substantial competent evidence and is erroneous. 3) For all of the reasons outlined and contained within the RFI (Exhibit "El") INTP-2003-AR..4119 is incorrect. 4) INTP-2003-AR-4119 fails to address or consider the application of the provisions of Section 1.8.10 of the LDC concerning replacement of non- conforming mobile homes. 5) The building permit # 2003-010885 was for the replacement of a mobile home and not for an improvement or addition to a mobile home. ARGUMENT The Agricultural District regulations in the LDC do not allow mobile homes as principal structures or principal permitted uses. In those instances where a mobile home was a principal use prior to the revised LDC provisions, previously existing mobile homes could remain as a non-conforming structure. Division 1.8 of the LDC address non-conformities, such as a non-conforming structure. Section 1.8.10.4 of the LDC states as follows: ERS'.APP\ORSCHELLWIOBILEHOME'C, MENDEDAPPEALDOC 3 AGENC)A ~T~.~. DEC 1 6 2003 "Non-conforming residential structures, which for the purposes of this section shall mean detached single family dwellings, duplexes, or mobile homes in existence at the effective date of this zoning code or its relevant amendment and in continuous residential use thereafter, may be altered, expanded or replaced upon recommendation of the Co/tier County Planning Commission and approval of the Board of Zoning Appeals by F~esolution." Additionally, Section 1.8.10.1 of the LDC states that: "...provided, however, that the alteration, expansion, or replacement of non-conforming single family dwellings, duplexes or mobile homes shaft be permitted in accordance with Section 1.8.10.4. (i. e. by the Board of Zoning Appeals)" The first paragraph of Section 1.8.10.4 of the LDC provides: "Nonconforming residential structures, which for the purpose of this section shaft mean detached single-family dwellings, duplexes or mobile homes in existence at the effective date of this zoning code or its relevant amendment and in continuous residential use thereafter, may be altered, expanded or replaced upon recommendation of the Collier County planning commission and approval of the board of zoning appeals by resolution." [Emphasis added] No application or petition was filed or reviewed by the Collier County Planning Commission ("CCPC") or approved by the Board of County Commissioners ("BCC"), or the Board of Zoning Appeals ("BZA") that would authorize the location and placement of a replacement mobile home on the property at 6167 Adkins Avenue. The subject property is zoned "A" Agricultural. In 1997, by way of permit #97100520, Maureen Schoch, owner of the property at 6167 Adkins Avenue, placed a 1,008 square foot double-wide mobile home on the subject property (Exhibit "B", p. 45). AGEI',~A ITEM ~, 4 ERS'C, pp\oRSCHE LLWIOBILE HOMEVMvIE N DEDAPPEALDOC DEC 16 2003 In 2003, by way of permit #2003010885, Maureen Schoch, the owner of the property at 6167 Adkins Avenue, removed the 1,008 square foot mobile home and replaced it with a 1,835 square foot triple-wide mobile home (Exhibit "lB", p. 37). A mobile home is very strictly regulated in the "A" District and is only allowed as either a temporary residence while a permanent single-family dwelling is being constructed (see Section 2.2.2.2.2.7, LDC) and then only for a limited time; and, in conjunction with bona fide commercial agricultural activities (see Section 2.2.2.2.2.9, LDC); and then again only under certain conditions. Thus a mobile home in the "A" District does not per se qualify as a single-family dwelling. With regards to the "replacement mobile home" at 6167 Adkins Avenue, there is no evidence to suggest that the property or mobile home is, has been, or is contemplated being utilized under the scenarios outlined in the above noted Sections 2.2.2.2.2.7 and 2.2.2.2.2.9 of the LDC. The INTP AR-4119 justified the subject building permit under the provisions of Section 1.8.11 of the LDC. "Sec. 1.8.11. Improvements or additions to nonconforming mobile homes. -Improvements or additions to nonconforming mobile homes containing conforming uses, in the A agricultural district only, shall be permitted if the addition or improvement complies fully with the setback and other applicable regulations." The property at 6167 Adkins Avenue is zoned Agricultural. The placement of a new, larger, replacement mobile home was authorized on this property pursuant to building permi ~003010885 (Exhibit "B", p. 37). As clearly stated in the building permit applicatiof, for ,. 2003010885, this building permit is for a mobile home that is a replacement for a previously existing mobile home. The previously existing mobile home was a double-wide placed on the subject property in 1997. The new replacement mobile home is a triple-wide. The INTP AR-4119 erroneously treated the larger, new, replacement mobile home as an "improvement" or "addition". It is neither. The new, replacement mobile home is not only larger than the one it replaces, it is also located on a different portion of the subject property. ERS~APP\ORSCHELLWIOBILEHOMEkAMENDEDAPPEAL.DOC 5 DEC 1 6 2003 Section 1.8.11.1.1 of the LDC only addresses nonconforming mobile homes containing conforming uses in the "A" Agricultural District. There is no conforming use associated with this new, larger, revised siting, replacement mobile home. Thus, the new replacement larger mobile home, is not authorized or legally appropriate on the subject property. CONCLUSION The Board of Zoning Appeals and/or the Board of County Commissioners should: reverse and reject the aforesaid official interpretation INTP-2003-AR-4119; or determine that INTP-2003-AR-4119 is incorrect, and determine that no permit for the placement of the triple-wide mobile home should have been issued without the prior review and approval of the Collier County Planning Commission and the Board of County Commissioners. Check number 6156 from Keith and Suzanne Orschell representing the requisite appeal filing fee of $500.00, made payable to the Board of County Commissioners of Collier County, Florida accompanied the original Appeal. If you have any further questions, please do not hesitate to contact me. 5incerely, ERS'C*PP\ORSCHE LL~MOBIL E HOME~ME N DEDAPPEAL.DOC 6 DEC 16 2003 Pg. ~ Exhibit "F" GENERAL PROV'ISIONS § 1.8.13 Sec. 1.8.11. Improvements or additions to nonconforming mobile homes. Improvements or additions to nonconforming mobile homes containing conforming uses, in the A agriculture district only, shall be permitted if the addition or improvement complies fully with the setback and other applicable regulations. 1.8.11.1. Issuance and reissuance of building permits when multiple mobile homes are located on a single parcel of land. Where specific zoning districts permit mobile home development and said lands have been substantially developed prior to the effective date of this code with multiple mobile homes under singular ownership without an approved site development plan, as required by division 3.3 of this code, no further building permits for the placement or replacement of mobile homes may be obtained except as defined below. 1.8.11.1.1. Mobile home replacement. Prior to issuance of any building permit for replace- ment of a mobile home, the property owner or authorized agent shall provide the site development review director, or his designee, with thre~ copies of a scaled drawing of the subject parcel which indicates: 1. Proof of building permit issuance for structure being replaced. 2. The location of the structure to be replaced and its relationship to adja- cent mobile homes and parcel boundaries. 1.8.11.1.2. Additional mobile homes. Prior to issuance of a building permit for any addi- tional mobile home(s}, the applicant or authorized agent shall obtain a site development plan, consistent with division 3.3 of the land development code. As part of the SDP application, building permit numbers of all existing mobile homes shall be submitted. 1.8.11.1.3. [Maximum density.] In no case shall the issuance or reissuance of building permits cause the density of the subject parcel to exceed that provided in the density rating system of the growth management plan or the Immokalee fu- ture land use map, except as may be provided in section 1.8.10.4 of this code. (Ord. No. 93-89, § 3) Sec. 1.8.12. Destruction of major structur~ or structures. When nonconforming use status applies to a major structure or structures, or to a major structure or structures and premises in combination, removal or destruction of the structure or structure shall eliminate the nonconforming status of the land. "Destruction" of the struc- ture for purposes of this subsection is hereby defined as damage to the extent of more than 50 percent of the replacement cost at the time of the destruction. Upon removal or destruction as set out in this section, the use of land and structures shall therefore conform to the regulations for the district in which such land is located. Sec. 1.8.13. Repairs and maintenance. On any nonconforming structure or portion of a structure and on any structure containing a nonconforming use, work may be done in any period of 12 consecutive months on ordinary repairs, or on repair or replacement of nonbearing walls, fixtures, wiring, or plumbing to an extent not exceeding 20 percent of the current assessed valuation of the structure (or of the nonconforming portion of the structure if a nonconforming portion of a structure is inv dved)~ar. NoA LDCI:21 DEC 1 6 2003 § 1.8.13 COLLIER COUNTY/.43gD DEVELOPMENT CODE provided that the cubic content of the structure existing at the date it becomes nonconforming shall not be increased except subject further to the exception provided at section 1.8.10, herein. (Ord. No. 93-89, § 3) Sec. 1.8.14. Nonconforming structures unsafe because of lack of maintenance. If a nonconforming structure or portion of a structure, or any structure containing a noncon- forming use becomes physically unsafe or unlawful due to lack of repairs or maintenance, and is declared by the duly authorized official of Collier County to be unsafe or unlawful by reason of physical condition, it shall not thereafter be restored, repaired, or rebuilt except in confor. mity with the regulations of the district in which it is located. Sec. 1.8.15. Nonconforming structures u--ale for reasons other than lack of mainte- If a nonconforming structure or portion of a structure, or any structure containing a noncon- forming use, becomes physically unsafe or unlawful for reasons other this lack of repairs or maintenance, nothing contained herein shall be deemed to prevent the strengthening or re- storing to a safe condition of such building or part thereof declared to the [be] unsafe by the authorized official of Collier County charged with the public safety; provided, however, that where such unsafeness or unlawfulness is the result of damage from destruction, the per- centage of damage limitations set out in section 1.8.12, a~ the case may be, shall apply. DMSION 1.9. ENFORCEMENT Sec. 1.9.1. ~.,eneraL The provisions of this code shall be enforced by (1) the Collier County code enforcement board pursuant to the authority granted by F.S. § 162.01 et seq., (2) by the board of county commis- sioners through its authority to enjoin and restrain any person violating the code, or (3) by Collier County through the prosecution of violations in the name of the State of Florida pursuant to the authority granted by F.S. § 125.69. The county manager shall have the right to inspect those lands, waters, or structures affected by this code and to issue citations for violations. 1.9.1.1. The term "county manager" as used in this code shall mean the county man- ager or his designee. (Ord. No. 92-73, § 2; Ord. No. 93-89, § 3) Sec. 1.9.2. Violation. Whenever, by the provisions of this code, the performance of any act is required, or the performance of any act is prohibited, or whenever any regulation or limitation is imposed on the use or development of any land or water, or on the erection of a structure, a failure to comply with such provisions shall constitute a violation of this code. (Ord. No. 93-89, § 3) Sec. 1.9.3. Complaints regarding violations. Whenever a violation of this code occurs, or is alleged to have occurred, any person may file a complaint. Such complaint stating fully the causes and basis thereof shall be filed with the county manager. The county manager, or his designee, shall record properly such .~-,-~-i-e · A~A ~T~_~ LDCl:22 DEC 16 2003 Perm£t Number Name of O~nez 3ob Address ^?p[.tC.-\'t'!.gN FOR DUILDING I'HN!NIIT Exhibit"G" COLLIER COUNTY, FLOIIlbA 71-494 Date 1-10-71 }id Johnson Contractor Phone Architect Contractor Ralph Eilec tr lc Address Address ~ L~t 55 Block__Unit__ .~ If no record plat, mctel & bounds: Subdivi s ion Permit to (Build-Alter-Repair-Move) LL-l_ectric Cha~eover Size x Height No. of Storie0 A copy of the approved plans and specifications shall be ke during construction. ~ ..... / PLOT PLAN Zoning A-1 Building or Structure will face. Use In~roase Po~er to 150 Amps feet from East line feet from South line feet from West line feet from North line Sq. Feet Sq. Feet Sq. Feet Sq. Feet __ Sq. Feet Sq. Feet Floor Space. Utility Porch_ Car Porte Other Total Estimated Cost $ Building Permit $ Elec'vical Permit $ Plc'nbing Permit $ Septic Tank $ Total $ Central Sewer Name Central Water Name Well Permit No. Septic Tank Drainfield Septic Tank No.. Flumbing Stub Inche~ below Finish Floor Grade. Sanitarian Ye~ Sq. Ft. )a y~e. nt of Th~ above application has been examined and is hereby 'ubject to the $ '-'.. :,:' by as provided by the Collier County Building Code Payme,~t Received: ':ar! ;'.. ~:le~..:.~,r Building Officia DEC 1 6 2003 Exhibit "H" COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS PEI~V~IT #: 97100520 ISSUED: 10-28-97 BY: GARRETT S MASTER #: COA 9: N/A JOB ADDRESS: 6167 ADKINS AVE JOB DESCRIPTION: REPLACEMENT MOBILE HOME TIEDOWN PERMIT PERMIT TYPE: BRMH APPLIED DATE: 10-09-97 JOB PHONE: VALID #: APPROVAL DATE: (941) 417-0855 8O7 10-27-97 SUBDIVISION %: 100 -Acreage FLOOD MAP: 0605 ZONE: X ELEVATION: FOLIO #: 0000000421840001 TOWNSHIP-RANGE-SECTION: BLOCK: 50 26 16 076 OWNER INFORM~%TION: SCHOCH, MAUREEN 6167 ADKINS AVE NAPLES, FLB003 341120000 CONTRACTOR INFORMATION: LOT:.000 CERTIFICATE FCC CODE: 900 - MOBILE HOMES CONSTRUCTION CODE: 10 / OTHER gOB VALUE: $ 1,000.00 TOTAL SQFT: 1,008 SETBACKS FRONT: 50.00 REAR: 50.00 LEFT: 3Cr?-.O0 RIGHT: 30.00 SEWER: SEPTIC SEPTIC Y WATER: WELL WELL Y iONTACT NA/4E: OWNER/BUILDER iONTACT PHONE: (941)417-0855 PHONE: Per Collier County Ordinance No. 96-83. as amended, all work under the approved building permit shall comply with all applicable laws, codes, ordinances and additional stipulations and/or Conditions of Permit. The approved permit expires if work authorized is not commenced within six (6) months from date of issue as evidenced by the successful cc~pletion of the foundation inspections as stated in Ordinance No. 96-83 104.6.1.b as amended. Fee Resolution No. 96-594 provides for additional fees for failing to obtain permits prior to commencing construction. The permittee further understands that only licensed contractors may be employed and that the structure shall not be used or occupied until a Certificate of Occupancy is issued. 4OTICE: In addition to the requirements of this permit, there may be additional restrictions applicable to this property that nay be found in the public records of this county, and there may be additional permits required from other governmental ~ntities such as water management districts, state agencies, or federal agencies. WARNING TO OWNER: YOUR FAILURE TO RECORD A NOTICE OF COMMENCEMENT MAY RESULT IN YOUR PAYING TWICE FOR IMPROVEMENTS TO YOUR PROPERTY. IF YOU iNTEND TO OBTAIN FINANCING CONSULT WITH YOUR LENDER OR AN ATTORNEY BEFORE I;',EOE)RBtNG YOUR NOTICE OF COMMENCEMENT.~ ? ~ DEC 1 6 200:] p~. J~ N J Exhibit "I" DEC 1 6 Z003 Exhibit "J" May 5, 2003 Ms. Margaret Wuerstle Planning Sexvices Director 2800 North Horseshoe Drive Naples, FL. 34104 Joseph IC Schmitt Development Services Director 2800 North Horseshoe Drive Naples, FL. 34104 Keith and Sue Orschell's request for a formal interpretation on my building petmlt No. 2003010885, a rep~ mobile hom~ Dear Ms. Wuerstle: The May 1 st letter to you bom Anthony P. Pires, Jr. (representing the Orsehells) contains both inaccuracy and omissions. Iflac, t, llrar~: On p. 2, paragraph 3, Mr. Pires states: "The new, replacement mobile home is not only larger than the one it replaces, it is also located on a different portion of the subject property." Not true. The new replacement mobile is located precisely where the old one was. ~ewide~ it. has..a larger footprint, but it sits exactly where the old one used to ~ (i 68-ft~ fxom the road), and conforms t"-~ all setback requirements, as did the old mobile. (See enclosed site plan and spot survey). ~ Mr. Pires ~aHq t~ mention that our he has already received its Certificate Of Occupany. (See enclosed C.O. dated April 7, 2003.) ~ Mr. Pires acknowledges that the new mobile replaces one that was duly permitted in Oct., 1997 and C.O.'d in March, 1~}98, but he conveniently omits the fact that THAT mobile was ALSO a ' ' . He fails to mention that there has been a fuh'y legal, continuously occupied mobile home on this property for over 32 years -- since 1971. The F~ When we purchased the property in 1997, there was already a singlewide mobile h~:re; it already had'a septic, ~vell and 150 amp service, and in fact we moved in and lived in it for 7 months,~until we were able to afford to replace it with a better one. The first mobile on this land was duly permitted on Jan. 10, 1971 by the original occupant, Ed Johnson, (Permit No. 71-494), who on that date requested and received 150 amps of electric service for a singlewide mobile home. A copy of Ed Johnson's 1971 permit for that original mobile is enclosed, along with documents showing that we obtained all necessary permits, complied with everything the county requested and paid all county fees for removal of that original singlewide mobile and the setting of the doublewide replacement mobile in 1998. P. 1 of 2 AGENDA ITEIOA DEC 16 2003 6167 Adkins Ave. REPLACEMENT MOBILE HOME May 4, 2003 Also enclosed are documents showing that in 2003, we again obtained all necessary permits, con,plied with everything the county requested and paid all county fees for removal of the second mobile and the setting of its replacement, the new Wind Zone III triplewide in which we now live. We never took any pictures ofthe original singlewide mobile, but I have enclosed photos showing the second mobile home, both in 1998 while we were ~ in it as well as a picture taken last February on the day it was being removed. To complete the record, I also included photos of our new, log-sided manufactured home, so you can see and compare the "old" and the "new". _. I don't know why the Orschells have mounted this vendetta agalr~ me and my new home. I've never met them or even knew they existed until yesterday when I received a copy of their letters to you requesting a "formal interpretation" of my building pexmit and complaining about my "nonconforming" home. Though it may be technically "nonconforming", in reality my home conforms very well to the neighborhood, which is a mixture of mobiles and prexiominantly tiny, site-built homes, all on 1 to 5-acre lots, on streets that are primarily unpav~ Far from being a detriment to the neighborhood, my new home is actually one of the nicest (and largest) homes in the ;,~:ir~liate area. It's attractive, well-landscaped, and like the mobile it replaced, it sits 168 feet back from the road. Please keep me informext on this matter. After receiving my building permit from you, I demolished my existing home and spent my life's savings to purchase this new home. In the months that followed, I passed every inspection and paid every fee, received my C.O. and moved in. I cannot afford to he blindsided now by these neighbors from the next block. Thank you. Sincerely, M~;~h ~/Y-/~~ 6167 Adkins Ave., Naples 34112 (239) 417-0855 EXECUTIVE SUMMARY CU-2002-AR-2354, WILLIAM HOOVER, AICP, OF HOOVER PLANNING & DEVELOPMENT, INC., REPRESENTING PASTOR ROY SHUCK OF FAITH COMMUNITY CHURCH, REQUESTING CONDITIONAL USES 3 & 4 OF THE "E" ESTATES DISTRICT TO ADL A CHILD CARE AND PRE-SCHOOL TO THE EXISTING FAITH COMMUNITY CHURCH, LOCATED AT 6455 22N'r~ AVENUE NW, FURTHER DESCRIBED AS PART OF TRACTS 15 & 16, GOLDEN GATE ESTATES UNIT 97. OBJECTIVE: For the Board of Zoning Appeals to approve, with conditions, a Conditional Use for child care and a preschool on property currently used as a church. CONSIDERATIONS: The petitioner requests Conditional Use "3" and Conditional Use "4" of the Estates (E) zoning district to add a pre-school and child care as uses on a parcel which currently has a Conditional Use for a church. A Conditional Use was approved by the Board of Zoning Appeals in 1997 (CU-97-23) for a church. The petitioner now wishes to add a pre-school and child care as uses and to indicate additional buildings on the church campus. This requires a Conditional Use. The Transportation Planning Department has reviewed the existing access points, pedestrian safety, and traffic circulation and has added several conditions. These conditions include a sidewalk along 22"d Avenue NW in front of the church; and turn lanes at the 22nd Avenue NW - Oakes Boulevard intersection when the church adds structures. With those conditions, staff believes traffic and pedestrian safety will be satisfactorily addressed. However, many residents in the Oakes Boulevard area have expressed the opinion that the proposed uses will add excessive traffic to Oakes Boulevard, and will create traffic and pedestrian hazards. (Letters are attached to this Executive Summary.) A question was raised as to whether the site meets the locational criteria for Conditional Uses in the Golden Gate Area Master Plan. Staff research indicates that a site at the northwest AC,~A ITEM '7 r3 DEC 16 2003 comer of Golden Gate Estates, Unit 97, was the subject of a Conditional Use petition for a church (currently Faith Bible Church). This church is approximately one-quarter mile north of the subject site. Directly to the west of that church site, across a drainage canal, is the Brentwood PUD, a commercial PUD. On August t3, 1993, the Director of Long Range Planning issued an Interpretation (attached) stating that the site met the locational criteria for a Conditional Use. The Board of Zoning Appeals subsequently approved the Conditional Use. The original Conditional Use for the church that is the subject of the current petition was approved based on the same Interpretation letter (again, the sites are approximately one- quarter mile apart). Because the church Conditional Use was approved and subsequently constructed, the petition to add church-related uses is recommended for approval by staff. A further question was raised. If the Interpretation of August 13, 1993, was not issued, would staff recommend approval of a new Conditional Use for a church on the subject site? Stan Litsinger, AICP, Comprehensive Planning Director, and David Weeks, AICP, Chief Planner opined that, xvithout the Interpretation, staff ~vould recommend that the location is not consistent with the Golden Gate Area Master Plan. FISCAL IMPACT: No fiscal impact to Collier Count,',' is anticipated by' the approval of this Conditional Use. GROWTH MANAGEMENT IMPACT: The subject property is designated as "Estates" on the Future Land Use Map of the Golden Gate Area Master Plan (GGAMP). A Conditional Use for the church was granted on November 25, 1997. and the church has since been constructed and is currently operating on the subject pr( The request is to initially operate the child care and pre-school programs withi, ,,¢ dsting facilities. However, the church anticipates that these programs would require expansion of the onsite facilities (new construction) in 2004 (an additional 8,500 square feet) and again in 2007 (another 8,000 square feet). Within the GGAMP, Objective 1.1 and Policies 1.14, 1.15 and 1.16, govern new Conditional Uses in the Estates Area. Objective 1.1 requires new or revised uses of land to be consistent with the designations outlined on the Golden Gate Area Future Land Use Map. Policy 1.14 requires Conditional Use requests to be consistent with the guidelines outlined in the Conditional Use description section of the plan. Policy 1.15 requires all Conditional Use 2 AGENOA ITEM ,,'~ DEC 1 6 2003 requests to be approved by the Board of County Commissioners by a super majority (4/5) vote. Policy 1.16 requires all new uses (conditional or otherwise) to be reviewed for consistency with the GGAMP, except for certain properties deemed consistent by policy, or which were previously approved under the County's January 1989 Comprehensive Plan. The subject property is within the Estates Designation, Estates-Mixed Use District, Conditional Use Subdistrict. The subdistrict contains stringent limitations upon the location of Conditional Use within the Estates Designation. The subject property meets the requirements for "Transitional Conditional Use", as determined by the Board of County Commissioners, in approving the existing Conditional Use, in 1997. The review criteria have not changed since that time. This petition is seeking to add church-related Conditional Uses on the same property (no change in legal description). Based upon the above analysis, staff concludes the proposed uses for the subject site can be deemed consistent with the Future Land Use Element. HISTORIC/ARCHAEOLOGICAL IMPACT: Staff's analysis indicates that the petitioner's property is not located within an Area of Historical and Archaeological Probability as referenced on the official Collier County Probability Map. Therefore, no survey or Waiver of Historic and Archaeological Survey & Assessment is required. EAC RECOMMENDATION: The Environmental Advisory Council did ::c;t hear this petition because an Environmental Impact Statement was not required. An EIS ,~as not required because the site was previously developed. PLANNING COMMISSION RECOMMENDATION: The Collier County Planning Commission heard this petition on May 15, 2003. The Commissioners heard presentations by the petitioner, Staff and neighbors. The neighbors stated that they considered the church a good neighbor, but that adding a child care facility and school would add increased traffic to the neighborhood. DEC 1 6 2003 Commissioner Budd made a motion for approval, seconded by Commissioner Adelstein, with the following condition: The child care and preschool uses shall occur in two phases. Phase One shall be limited to a maximum of 65 children/students. Phase Two shall be limited to a maximum of 120 children/students. Phase Two shall commence only upon the completion of construction of the segment of Livingston Road from Vanderbilt Beach Road to Immokalee Road; and the completion of construction of the segment of Logan Boulevard from Vanderbilt Beach Road to Immokalee Road; and the completion of construction of the segment of Collier Boulevard from Vanderbilt Beach Road to Immokalee Road. By a vote of 5 to 2, the Planning Commission forwarded the petition to the BZA with a recommendation of approval with conditions. PLANNING SERVICES STAFF RECOMMENDATION: Staff recommended that the Collier County Planning Commission forward Petition CU-2002- AR-2354 to the Board of Zoning Appeals with a recommendation of approval with the following conditions: 1. Site Development Plan approval is required prior to Phase Two of the preschool or childcare facility. The Site Development Plan shall include the following: Turn lanes shall be provided by the petitioner at the petitioner's cost, at the intersection of 22nd Avenue NW and Oakes Boulevard. The turn lanes provided shall be a northbound left-turn lane, a southbound right-turn lane, and an eastbound right-turn lane. The turn lanes shall be shown on the Site Development Plan for Phase Two of the preschool or child care facility. b. The Site Development Plan shall indicate signage and pavement striping. c. The Site Development Plan shall indicate a sidewalk, to be constructed within the 22nd Avenue NW access easement, in front of the church. Fifteen-foot Type "B" buffers are required along all north and east property lines; and a landscape area, a minimum of 10 feet in width, shall be provided in front of all buildings. 4 A~A ~TE~ DEC 1 6 2003 A fence or wall along 22"d Avenue NW shall be indicated on the Site Development Plan, pursuant to Subsection 2.6.11.4.2 of the Land Development Code. f. Parking areas adjacent to the north and east property lines shall be set back 50 feet and shall be buffered by a wall, six feet in height, constructed of decorative concrete block or pre-cast masonry material, with landscaping, six feet in width, outside the wall. As an alternative to a wall, parking areas shall be set back 50 feet from the north and east property, lines and that area shall be planted with vegetation which provides a 100 percent visual screen from the ground to a height of six feet. Terminal landscape islands with trees, and landscape islands with trees every 10 parking spaces, shall be required tbr grassed parking areas. Curbing for these landscape islands is required and may be constructed of pressure-treated wood. 2. The use as a school is limited to preschool through kindergarten. 3. The number of parking spaces for the school use shall be in accordance with Division 2.3 of the LDC. The required parking area for the school shall be paved. PLEASE NOTE: Attached to this Executive Summary is an email from Karl Fry, President of Oakes Estates Advisory, Inc. to Commissioner Henning. In that email, Mr. Fry describes a meeting between representatives of the church and Oakes Estates Advisory, Inc. County Staff was not aware of this meeting and, therefore, did not attend. 5 DEC 1 2003 P~. ~.~.~ PREPARED BY: %~' ~.(9 ~ //. ~/. c~_~ F _R~ ~..~ISCHL, AICPT-fl"RINCIPAL PLANNER DATE DEPARTMENT OF ZONING 8,: LAND DEVELOPMENT REVIEW REVIEWED BY: RAY B~LLOWS, CHIEF PLANNER DATE' DEPAR'TMENT OF ZONING 8,: LAND DEVELOPMENT REVIEW .~"'=~5~Tr:/:UMTDIRECTOR f~'Z; 793 :" US-~N N'IU ~,, XICP, I~A]-~ DEPARTMENT OF ZONING & LAND DEVELOPMENT REVIEW APPROVED BY: JOSEPH K. SCHMITT, ADMINISTRATOR DATE COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION CU-2002-AR-2354 6 DEC 1 6 2003 p~. (~ COLLIER COUNTY GOVERNMENT DIVISION OF COMMUNITY DEVELOPMENT SERVICES LONG RANGE PLANNING DEPARTMENT August 13, 1993 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 33942 (813) 643-8300 FAX (813) 643-6968 A CERTIFIED BLUE CHIP COMMUNITY Mr. Roy Schaetzel 400 Oak Ave. Naples, FL 33963 Re: Interpretation of Golden Gate Area Master Plan Sub Element - Transitional Conditional Use Criteria Dear Mr. Schaetzel: This correspondence serves as a response to your request for an interpretation of a section of the Golden Gate Area Master Plan.' Specifically, your request ast.~ for a determination as to whether or not a proposed site for a church, identified as Tracts 19 & 20, Golden Gate Estates Unit No. 97, Plat Book 7, pages 95 & 96, Public Records of Collier County, meets the Transitional Conditional Use criteria specified in the Golden Gate Area Master Plan sub-element of the Future Land Use Element. The purpose of this type of Conditional Use is to provide for conditional uses in areas adjacent to non-residential uses generally not appropriate for residential use. The objective here is to allow for a transition area between residential and non-re~ ','tial uses. With the subject property directly abutting a Minor Arterial (Immokalee Rd.) to the north and a non-residential PUD within a designated Interstate Activity Center immediately to the west, it is my opinion that the subject property is generally not appropriate for residential use. Criterion a., under Transitional Conditional Use requests, states that the "Site shall be directly adjacent to a non-residential use (zoned or developed) ". While a sixty (60) foot drainage easement (canal) traverses north and south across the western boundary of Tract 19, and is located entirely within Tract 19, the legal lot lines of Tract 13 ~A~ the PUD to the west do share a common bo~ nde. ~ ~.~ DEC 1 6 2003. For the purposes of this determination it is my opinion that the subject site is directly adjacent to a non-residential use and does meet the test of criterion a., in the sub-element under Transitional Conditional Uses. If I can be of further assistance regarding this matter, please contact me at your convenience. Sincerely, David J. P~ :row, Director Long Range Planning xc: Marjorie Student Barbara Cacchione Ken Baginski AGENDA ITEM:] DEC 1 6 2003 P~. ~ CU-2002-AR-2354 · ul~iect site DEC 16 2003 ..... Original Message From: Karl Fry [mailto:karlfry@earthlink.net] Sent: Wednesday, October 08, 2003 4:37 PM To: 'Henning, Tom' Cc: 'Smith, Mark & Vicky'; 'Walker, Bob 8, .ludy' Subject: Oakes Estates Board mtg update! Commissioner Henning. In an effort to keep you informed... Last night we had two meetings related to Faith Community church's application for a childcare/pre-school which is due to come before the BCC on 10/28. First, Mark Strain facilitated a session with two representatives from each group. Pdor to the meeting, the church had offered a compromise of 50 initial students and an additional 50 (for a total of 100) after Livingston, Logan, and 951 are completed from Vanderbilt to Immokalee, but insisting that access be maintained via 22nd Avenue NW. Our counter offer had been 35 students up front, which is the maximum number of students we feel is reasonable to ask residents to pass by their homes on 22nd Ave NW, a tiny side street. Mark Strain opened the session with some research which suggested that a bridge might cost $250K or more, a number that the church was not prepared to accept. And that Tarpon Bay Blvd. might be private rather than county owned. And that Don Scott mentioned the possibility of a new bridge from 22nd Avenue as part of removing the light at Immokalee & Oakes. (A proposal which the neighborhood does not support by the way.) The church was not amenable to discuss an opening number of 35 and w. t want to come close to 100 students in phase II. We took these numbers and related info immediately to our Oakes Estates Advisory board meeting and presented it to the board and audience. Feedback was unanimous that the church's numbers are not acceptable. Residents clearly feel it is neither neighborly nor consistent with the intent and purpose of the GGAMP for several hundred cars to be forced down a small side street every day during peak traffic times. The church's phase 1 and phase 2 numbers impose more of a burden on the neighborhood than the many residents who have spoken over the past months believe is reasonable from a single property owner's business. Regardless of the church's stated mission, this is a business they will be running. To summarize, we feel that our third good-faith gesture toward compromise must be our last. Our board decided to fight the application outright and believe the only "solution" is for the church to bridge across the canal if they want to open such a facility on their property. Frankly, cost is not our concern. Thousands of churches have raised far more than $250K for expansions and related projects. The Oakes board will now be preparing our case for the 10/28 BCC meeting. We are continuing the search for an attorney, and anticipate a strong factual case with or without legal counsel. We ask you to stand alongside a large and unified contingent from our neighborhood in opposing this application, and we still believe the issue of traffic access as intended by the GGAMP was never sufficiently addressed regarding this church's location. In our opinion, the BCC continues to risk illegal action by approving the church's application with the current traffic access via 22nd Avenue NW only. Cheers. Karl Fry DEC 16 2003 I0 Oakes Estates Advisory "For the Betterment of our Community" Karl Fry I President I kfry(~oakesadvisorv.com Oakes Estates Advisory, /nc. P.O. Box 111046 Naples, FL 34108-1146 www,oa kesadvis o ~f.com AGENDA ITEM 8-G MEMORANDUM TO: FROM: COLLIER COUNTY PLANNING COMMISSION PLANNING SERVICES DEPARTMENT COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION DATE: SUBJECT: MAY 20, 2003 CU-2002-AR-2354 PROPERTY O V~%~ER/AGENT: OWNER: AGENT: Faith Community Church of the Nazarene, Inc. 6455 22nd Avenue NW Naples, FL 34119 William Hoover, AICP Hoover Planning and Development, Inc. 3785 Airport Road North, Suite B-1 Naples, FL 34105 REQUESTED ACTION: The petitioner requests Conditional Use "Y' and Conditional Use "4" of the Estates (E) zoning district to add a pre-school and childcare as uses on a parcel which currently has a Conditional Use for a church. The Conditional Use Site Plan also indicates that additional square-footage is to be added, in phases, to increase the area of the church facilities from the existing 8,500 square feet to 25,000 square feet. LOCATION: The subject parcel is located on 22"a Avenue NW, west of Oakes Boulevard and south of Immokalee Road. The site consists of 4.99 + acres. ^C~NOA ITEM~ DEC 1 6 2003 .g. /,,I, DESCRIPTION OF PROJECT: The petitioner seeks two Conditional Uses. A Conditional Use was approved by the Board of Zoning Appeals in 1997 (CU-97-23) for a church. The petitioner now wishes to add a pre-school and childcare as uses and to indicate additional buildings on the church campus. This requires a Conditional Use. SURROUNDING LAND USE & ZONING: SUBJECT: Property developed with a church; zoned E SURROUNDING: North: East: South: West: Single-family homes; zoned E Sinl~le-family homes; zoned E 22na Avenue NW ROW, across which are single- family homes; zoned E There is a 60-foot drainage easement (canal) on the western portion of the subject parcel that abuts the Tarpon Cove subdivision; zoned PUD (Malibu Lakes) GROWTH MANAGEMENT PLAN CONSISTENCY: The subject property is designated as "Estates" on the Future Land Use Map of the Golden Gate Area Master Plan (GGAMP). A conditional use for the church was granted on November 25, 1997, and the church has since been constructed and is operating on the subject property. The request is to initially operate the childcare na e- DEC 1 a 2003. 2 /'4 sc-h-ool programs within the existing facilities. However, the church anticipates that these programs would require expansion of the onsite facilities (new construction) in 2004 (an additional 8,500 square feet) and again in 2007 (another 8,000 square feet). Within the GGAMP, Objective 1.1 and Policies 1.14, 1.15 and 1.16, govern new conditional uses in the Estates Area. Objective 1.1 requires new or revised uses of land to be consistent with the designations outlined on the Golden Gate Area Future Land Use Map. Policy ~,.14 requires conditional use requests to be consistent with the guidelines outlined in the conditional use description section of the plan. Policy 1.15 requires all conditional use requests to be approved by the Board of County Commissioners by a super majority (4/5) vote. Policy 1.16 requires all new uses (conditional or otherwise) to be reviewed for consistency with the GGAMP, except for certain properties deemed consistent by policy, or which were previously approved under the County's January 1989 Comprehensive Plan. The subject property is within the Estates Designation, Estates-Mixed Use District, Conditional Uses Subdistrict. The subdistrict contains stringent limitations upon the location of conditional uses within the Estates Designation. The subject property meets the requirements for "Transitional Conditional Use", as determined by the Board of County Commissioners, in approving the existing conditional use, in 1997. The review criteria have not changed since that time. This petition is seeking to add church-related conditional uses on the same property (no change in legal description). Based upon the above analysis, staff concludes the proposed uses for the subject site can be deemed consistent with the Future Land Use Element. HISTORIC/ARCHAEOLOGICAL IMPACT: Staff analysis indicates that the petitioner's property is located outside an area of historical and archaeological probability, as referenced on the official Collier County Probability Map. Therefore, no Historical/Archaeological Survey and Assessment is required. TRANSPORTATION, INFRASTRUCTURE & ENVIRONMENTAL EVALUATION: The proposed impact of a church and childcare on transportation, infrasmacture, and the environment was reviewed by the applicable reviewing agencies and their comments have been incorporated into this Staff Report. DEC 1 6 2003 STAFF ANALYSIS: Before any Conditional Use shall be recommended to the Board of Zoning Appeals, the Planning Commission shall make a finding that the granting of the Conditional Use will not adversely affect the public interest and that the specific requirements goveming the individual Conditional Use, if any, have been met by the Petitioner and that satisfactory provision and arrangement have been made concerning the following matters, where applicable: ao Consistency with the Land Development Code and the Growth Management Plan. A consistency analysis was performed by the Comprehensive Planning section of Planning Services and the finding was made that the proposed pre-school and childcare may be deemed consistent with the Future Land Use Element of the Growth Management Plan. Consistency with the Land Development Code will be determined at the time of Site Development Plan review. be Ingress and egress to the property and proposed structures thereon, with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe. The Transportation Planning Department has reviewed the existing access points, pedestrian safety, and traffic circulation and has added several conditions. These conditions include a sidewalk along 22"d Avenue NW in front of the church; and mm lanes at the 22na Avenue NW - Oakes Boulevard intersection when the church adds structures. With those conditions, staff believes traffic and pedestrian s.M'._ety will be satisfactory. However, many residents in the Oakes Boulevard area have expressed the opinion that the proposed uses will add excessive traffic to Oakes Boulevard, and will create traffic and pedestrian hazards. (Letters are attached to this Staff Report.) Co The effect the Conditional Use would have on neighboring properties in relation to noise, glare, economic or odor effects. 4 DEC 1 6 2003 W There will be limited, if any effect on neighboring properties in relation to noise, glare or odor. The sounds of the children in the pre-school and childcare program may be heard by neighbors when the children are out of the building. d. Compatibility with adjacent properties and other property in the district. Both schools and childcare may be allowed in the Estates and other residential districts through the Conditional Use process. Staff considers both uses to be compatible with residential districts. However, many area residents (letters are attached to this Staff Report), while not opposed to the continued existence of the church, oppose the pre-school and childcare. EAC RECOMMENDATION: The Environmental Advisory Council did not hear this petition because it did not meet the size threshold. PLANNING SERVICES STAFF RECOMMENDATION: staff recorn~-ends that the '~ollle'i Co-unt~ Planning ~on~anission forward Petition CU- 2002-AR-2354 to the Board of Zoning Appeals with a recommendation of approval with the following conditions: 1. Site Development Plan approval is required prior to use of the site as a pre-school ..... rtrchildcare_facility~_Ihe-Site Development Plan shall include the following: ao Turn lanes shall be provided by the petitioner at the petitioner's cost, at the intersection of 22nd Avenue NW and Oakes Boulevard. The turn lanes provided shall be a northbound left-mm lane, a southbound right-mm lane, and an eastbound right-mm lane. The mm lanes shall be shown on the Site Development Plan for the next expansion of the Church buildings (shown as Phase II on the Traffic Impact Study dated April 2, 2002). The tmn-lane-construction-shall be complete and approved by Collier County prior to any construction expanding the existing buildings. b. The Site Development Plan shall indicate signing and pavement striping. Co The SDP shall indicate a sidewalk, to be conslamcted within the 22nd Avenue NW access easement along the frontage of the church, unless the petitioner obtains a variance from the Board of Zoning Appeals. d. Fifteen-foot Type "B" buffers are required along all property lit 5 DEC 16 2Qa3 e. A fence along 22 Avenue NW shall be indicated on the Site Development Plan, including a double-row hedge. f. A minimum of a 10-foot wide landscape area shall be provided in front of buildings. go Terminal landscape islands with trees, and landscape islands with trees every l0 parking spaces, shall be required for grass parking. Curbing for these landscape islands is required and may be constructed of pressure- treated wood. 2. The use as a school is limited to pre-school through kindergarten. 3. Required parking for the use as a school shall be in accordance with Division 2.3 of the LDC. The required parking for a school shall be paved. 6 DEC 1 6 2003 PREPARED BY: ~ m~sc~, A~CP p~AL PLANNER REVIEWED BY: DAT~ .FU~AN ~4UP. P~AY, mCP PLANNIN(9': ;El{VICES DIRECTOR DA~ DATE C~~v~]~i'-~yCI~EMIvETTLoPMENT & ENVIRONMENTAL SERVICES ADMINISTRATOR. petition Number: CU-2002-AR-323~4 Collier Count' manning Commission: ~ENNETH L. 7 Division of Corporations Page 1 of 2, Florida Non Profit FAITH COMMUNITY CHURCH OF THE NAZARENE INC. PRINCIPAL ADDRESS 6455 22 AV NW NAPLES FL 34119 US Changed 04/23/2001 MAILING ADDRESS 6455 22 AV NW NAPLES FL 34119 US Changed 04/23/2001 Document Number FEI:Number Date Filed N95000001745 650530132 04/03/1995 State Status Effective Date FL ACTIVE 04/01/1995 Registered Agent Name&Address SHUCK, ROY A 6455 22 AV NW NAPLES FL 34119 Address Changed: 04/23/2001 Officer/Director Detail Name & Address Title SOl-tN, CRAIG 6647 MANGROVE WAY NAPLES FL 34109 EPPLER, CARLA 4062 VINE l. Jq T NAPLES FL 34112 ARCHIE, GEORGE 5288 TAMIAMI CT D NAPLES FL 34113 DEC 1 6 2003 .../cordet.exe?al --DETFIL&n 1 =N95000001745 &n2=NAMFWD&n3 =0000&n4=N&r 1 =&r2=~5/20/2003 · Division of Corporations Page 2 of 2 2655 WHII'E CEDAR LN D NAPLES FL 34109 Annual Reports Report Year2o022o0, 2000 Ill[ltl[ Filed Date om6r2002 05/omoo0 o~maoo, Iillllll Intangible Tax ]I No Events No Name History Information Document Images Listed below are the images available for this filing. 02/26/2002 -- ANN REP/UNIFORM 04/23/2001 - ANN REP/UNIFOKM BUS ldiiP 05/02/2000 -- ANN REP/UNIFOKM BUS REP 04/23/1999 -- ANNUAL REPORT 03/26/1998 -- ANNUAL REPORT 02/28/1997 - ANNUAL REPORT 02/26/1996 - 1996 ANNUAL REPORT THIS IS NOT OFFICIAL RECORD; SEE DOCUMENTS IF QUESTION OR CONFLICT DEC 1 6 2003 .../cordet.exc?a!-D£TFIL&n!--N9500000! ?45&n2=NAMFWD&n3=0000&n4=N&r!--&r2= 5/20/2003 Details Page 1 of 1, Folio No. Jl 41930720008 Current Ownership II Property Address~ 6455 22ND AVE NW Owner Name~ FAITH COMMUNITY CHURCH OF THE Addresses I NAZARENE INC 6455 22ND AVE "W City~ NAPLES I Satei FL I Zlpl U119-8603 Legal GOLDEN GATE EST UNIT 97 TR 15, LESS E 600FT, & TR 16, LESS E 600FT OR 1564 PG 96 Section Sub No. ~ '~ Use Code ~ ~ Township ~ Range I Acres ~ MapNo. I StrapNo. I ~ 48 ~ 26 I 2.11 Il 3B29 356500 15 03B29 356500 71 GOLDEN GATE EST UNIT 97 INSTITUTIONAL Millage Area 145 "~ Milla~ 13.2998 2002 Final Tax Roll Values I Land Value [!+) Improved Value I (=) Market Value f (') SOH Exempt Value [ (=) Assessed Value I (') Homestead and other Exempt Value [ (=) Taxable Value SOH = "Save Our Homes" exempt value due to cap on assessment increases. $116,050.00 $ 3,739.00 $119,789.00 $ 0.00 $119,789.00 $119,789.00 $ 0.00 Latest Sales History 0~1 / 1Date I Book - Page 12 / }==~ 148~-'~69 t ~1/]98~ 1322-303 Amount $120,000.00 $ 72,500.00 $ 92,000.00 The Infermation is Updated Weekly. http://www.collierappraiser.com/RecordDetail.asp?FolioID=0000041930720008 AC, gNO ~TF-H DEC 1 6 2003 5/20/2003 HOOVER PLANNING & DEVELOPMENT. INC. Rezonings, PUDs, Conditional Uses, Variances, Plan Amendments, Traffic, Parking~--&-E~-nd'Us~- Studies, Site Planning -&- Subdivisions April 2, 2002 Mr. Fred Reischl Collier County Current Planning 2800 N. Horseshoe Dfiv~ Naples, FL 34104 CU-2002-AR-2354 PROJECT 112002020034 DATE: 4/11/02 FRED REISCHL Proposed Conditional Use Petition to Add a Child Care and Pre-School for the Existing Faith Community Church, Collier County, Florida Dear Mr. Reis~hl: The subject 4.99-acre site is located on the north side of 22nd Avenue NW, approximately 500 feet west of Oakes Boulevard. On November 25, 1997, a Conditional Use was approved on the subject property for a church. The Faith Community Church has opened in approximate 8,500 square foot church facility and now desires to add a child care and pre- school The church currently has approximately 100 persons in atterdance at a typical Sunday service, including about 35 children and teachers in classrooms and 65 adults in the sanctuary. The church's existing facilities can be utilized for the child care and the church hopes to open in early Fall 2002, for up to 65 students (the 1 st of 3 phases). In 2004, Phase II is expected to occur. In Phase II, the church's structures would be expanded to an estimated 17,000 square feet and the child care/pre-school facility enlarged to accompany up to 160 children. Per our Pre-Application meeting with County stoff~ the church would likely need to be installing turn lanes where 22nd Avenue NW intersects with Oakes Boulevard and extending-public-sewer and__water to the site and switching their utilities over from the existing well and septic, prior to the opening of the phase Il expansion. Phase III is projected to occur in 2007, where the church would be expanded to approximately 25,000 square feet of structures and the child care/pre-school facilities increased to serve up to 240 children. During our Pre-Application Meeting, we advised County staff that we would be also be requesting a private elementary/middle school and the total children at all of the facilities would not exceed 300. Approximately 1 week after the neighborhood meeting, the church decided to drop the private school and reduce the maximum number of children being served to 240, in attempting to meet a neighbor's concern with the project. If any additional items are needed or the County st_off has any suggestions on improving this project, feel welcome to contact us. Sincerely, HOOVER PLANNING & DEV., INC. AGENDA ITEM DEC 1 6 2003 lip File #31 lnarrl.llx -- ,~;,~,t, rt Road North, Suite B-I, Naples, Florida 34105 ° Phone: 941.403-8899 ° lax:. 941.405-9005 APPLICATION FOR PUBLIC HEARING FOR: CONDITIONAL USE Petition No.' Commission District: Date Petition Received: CU-2002-AR-2354 PROJECT #2002020034 DATE: 4/11/02 Planner Assigned: ~ FRED REISCHI, ABOVE TO BE COMPLETED BY STAFF General Information Name ofApplicant(s)'-IS~-stor Ro~;-S-huck~'f of Applicant's Mailing Address City_ Naples Applicant's Telephofie # 6455 the - 22nd Ave. NW Faith C~mm~ tY Church Nazarer:=, Inc. State FL Zip 34119 '-514-0040 Fax# 593-5222 NameofAgent William Agent's Mailing Address 3785 Airr>ort Agent's Telephone # 4 0 3 - 8 8 9 9 Agent's E-Mail Address: Hoover, AIC~Firm Hnov~r plann4n? Road N.~ Suit9 B-1 State FL Zip 34105 Fax# 403-9009 Hooverplanning@cs.com & D~v_: Inc. COLLIER COUNTY COMMUNITY DEVELOPMENT PLANNING SERVICES/CURRENT PLANNING 2800 N. HORSESHOE DRIVE - NAPLES, FL 34104 PHONE (941)' 403-2400/FAX (941) 643-6968 APPLICATION FOR PUBLIC HEARING FOR CONDITIONAL USE - 02'2000 DEC 1 6 2003 Complete the following for all Association(s) affiliated with this petition. sheets if necessary) (Provide additional Name of Homeowner Association: Mailing Address City State . Zip Name of Homeowner Association: Mailing Address City State ~ Zip Name of Homeowner Association: Mailing Address City State __ Zip Mr..Richard Lydon Name of Master Association: Greater Naples Property Owners ASSOC. Mailing Address 450 Tradewind.q Ave. City_~ State FL_ Zip /iL0_B_ Ms. Karen Acquard Name of Civic Association: Goldan Gat-a E.qt-af-a-q A~-~=a C.'~v~ ~ A_q_qr~e,_ Mailing Address 441 - 24th Ave, NE City--State FL Zip~ o Disclosure oJ intL. est Information: a. If the property is owned fee simple by an INDIVIDUAL, tenancy by the entirety, tenancy in common, or joint tenancy, list all parties with an ownership interest as well as the percentage of such interest. (Use additional sheets if necessary). Name and Address Percentage of Own~r~aip lXlA APPLICATION FOR PUBLIC HEARING FOR CONDITIONAL USE- 02/2000 PA~ AGENDA IT~ 0EC 16 2003 bo If the property is owned by a CORPORATION, list thc officers and stockholders and the percentage of stock owned by each. Name, Address and Office Percentage of Stock If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with the percentage of interest. Name and Address Percentage of Intere~ do If the property is in the name of a GENERAL or LIMITED pAR.~RSHIP, list the name of the general and/or limited partners. Name and Address Percentage of Ownership If there is a CONTRACT FOR PURCHASE, with an individual or individuals, a Corporation, Trustee, or a Partnership, list the names of the contract purchas~'r~ below, including the officers, stockholders, beneficiaries, or partners. Name and Address NA AppLICATION FOR PUBLIC HEARING FOR CONDITIONAL USE - 02/2000 Pcmcntage of Owncrship DEC_-I 6 2003 If the property is owned by a CORPORATION, list the officers and stockholders and the percentage of stock owned by each. Name, Address and Offic.e T'--he property is owned by Faith Community Church of the Nazarene, Inc., 6455 - 22nd Avenue NW, Naples, FL 34116. This is a non-profit 6rganization- Church Officers Include: Roy Shuck, Presider~i and Pastor Craig Sohn, Secretary Carla Eppler, Treasurer Robert Mathews, Trustee Chris Zawistowski, Trustee George Archie, Trustee Page 4-A DEC 1 6 2003 Date of Contract: NA If any contingency clause or contract terms involve additional parties, list individuals or officers, if a corporation, partnership, or trust. Name and Address Term of lease yr./mos. g. Date subject property acquired ~:~tleased ( ):_ - December 23, 1997 and date option If, Petitioner has option to buy, indicate date of option: terminates: .., or anticipated closing date h. Should any changes of ownership or changes in contracts for purchase subsequent to the date of application, but prior to the date of the final public hearing, it is the responsibility of the applicant, or agent on his behalf, to submit a supplemental disclosure of interest form. Detailed le al descri tion of the ro er covered b the a iication: (If space is inadequate, attach on separate page.) If request involves change to more than one zoning district, include separate legal description for property involved in each district. Applicant shall submit four (4) copies of a recent survey (completed within the last six months, maximum 1" to 400' scale) if required to do so at the pre-application meeting. NOTE: The applicaat is responsible for supplying the correct legal desCription. If questions arise concerning the legal description, an engineer's certification or sealed survey may be required. Township: _ ,~ ~ Range: ~ 6 - Section: ~29 Part of Tracts 15 and 16 Lot: Block: Subdivision: G_olden Gate Estates Unit 97 "' 41930720008 & 41 930721 007 Plat Book 7.__.~ Page #: 9 5- 9 6 Property I.D.#: Metes & Bounds Description: ' ' "" APPLICATION FOR PUBLIC HEARING FOR CONDITIONAL USE - 02F100~0 fL X _fLtg___fl. = Total Sq. Ft. Acr=s 4.99 erW:. ( odd-shaped ) Address~eral location of subiect property/.' DEC 1 6 2003. west of oakes Blvd. ------- o _Adlacent zonine and land use;. Zoning Land use N Estates Single-Family Home Single-Family Home S Estates E Estates Sinqle-Family Home V~ PUD Vacant Commercial & Multi-Family Units under const. Does property owner own contiguous property to the subject property? If so, give complete legal description of entire contiguous property. (If space is inadequate, attach on separate page). No Section: Township: Range: Lot: B lock: S ubdivi si on: Plat Book ..... Page #: Property I.D.#: Metes & Bounds Description: o o Type of Conditional Use; This application is requesting conditionaluse # ~ & # 4 of the~istrictforowP£OFUS£) Child care facilit a~_q~__private school for pre-school children only. Present Use of the Property: Chn.-~h Evaluation Criteria; Provide a narrative statement describing this reque: use. NOTE: Pursuant to Section 2.7.4. of the Collier County Land Development Code, staff's recommendation to the Planning Commission and the Planning Commission's recommendation to the Board of Zoning Appeals shall be based upon a finding that the granting of the conditional use will not adversely affect the public interest and that the specific requirements governing the individual 'conditional use, if any, have been met, and that further, satisfactory provision .and arrangement have been made concerning the following matters, where applicable. Please provide detailed response to each of the APPLICATION FOP. PUBLIC I'IF.~-~ING F~I~ C~]'?lOl~,$.L U~'~- 07J~0~. PAGE 6 OF 16 criterion lisied below. Specify how and why the request is consistent with each. (Attach additional pages as may be necessary). a. Describe how the project is consistent with the Collier County Land Development Code and Growth Management Plan (include information on how the request is consistent with the applicable section or portions of the future land use element): ' b undar with property that is zoned commercial, is less than five acres in size, and therefore qualifies as a Transitional Conditional Use. b. Describe the existing or planned means of ingress and egress to the property and proposed structure thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or v n catastrophe: , 22nd Avenue NW and then onto one of the two church s accesses off of 22nd Avenue NW. The existing church has two available drop-off and pick-up points for the children and one of thes~ is covered on the west side of the church building. c. Describe the effect the conditional use will have on neighboring properties in relation to noise, glare, economic impact and odor: mhl ~ _~hnnl r] b~ n~gl i gibl ~- d. Describe thesite'sand theproposeduse'scompatibility wi~ a~acentpropertiesand otherprope~iesin ~edis~ct: The propn~d n~ ~hnnl~ b~ aompa~ible with neighboring properties based on the required buffers and landscaping already installed by the church. e Please provide any additional information which you may feel is 'elevant to this request. ~o. r7 i"'~ 3,0 APPLICATION FOR pUBLIC HEAP, lNG FOR CONDITIONAL USE - 02;200~0 10. 11. Deed Restrictions:. The County is legally precluded from enforcing deed restrictions, however, many communities have adopted such restrictions. You may wish to contact the civic or property owners association in the area for which this use is being requested in order to ascertain whether or not the request is effected by existing deed restrictions. Previous land use petitions on the subject propertW_: To your knowledge, has a public that hearing been held on this property within the last year'/ If so, what was the nature of hearing? ___..__....l~Im_ ~Additiona~.__LSubmittal requirements_.' In addition to this completed application, the following must be submitted in order for your application to be deemed sufficient, unless otherwise waived during the preapplication meeting. A copy of the pre-application meeting notes; Sixteen (16) copies of a 24" x 36" conceptual site plan [and one reduced 8V:" x 11" copy of site plan], drawn to a maximum scale of 1 inch equals 400 feet, depicting the following [Additional copies of the plan may be requested upon completion of staff evaluation for distribution to the Board and various advisory boards such as the Environmental Advisory Board CEA-B), or CCPC]; · all existing and proposed structures and the dimensions thereof, · provisions for existing and/or proposed ingress and egress (including pedestrian ingress and egress to the site and the structure(s) on site), · all existing and/or proposed parking and loading areas [include matrix indicating required and provided parking and loading, including required parking for the disabled], · loc~ 5 solid waste (refuse) containers and service function areas, required yards, open space and preserve areas, . proposed locations for utilities (as well as location of existing utility services to the site), · proposed and/or existing landscaping and buffering as may be required by the County, location of all signs and lighting including a narrative statement as to the type, · character, and dimensions (such as height, area, etc.); An Environmental Impact Statement rEIS), as required by Section 3 Development Code (LDC). APPLICATION FOR PUBLIC HEAJ:L1NG FOR CONDITIONAL USE- 02F200~. DEC 1 6 2003 EXItlBIT UA '~ OR: 2381 PG: 0258 PARCF. L ONe: Tracts 15 and 16, Golden Gate Estntes Unit 97, according to th~ plat thereof ~corded in Plat Book 7, Pages 9:5 and 96, of the Public Records of Collier County, Florida, Il:ss nnd exc~_ tln~_ the Easterly 600 feet ~. PARCEL TWO: Th~ Easterly 600 feet of Tract I5, Golden Gate Estates Unit 97, according to the pht thereof recorded in Plat Book 7, Pages 95 and 96, of tha Publi~ Records of Collier County, Florida, less and exc~_ dn_~ tl~ Easterly 300 fe~rt thereof. DEC 1 6 2003 JA 5975195 DC~VI~ ENKSIh~ERIh~ P~C~ 0Q/05 03/11/2002 1d:2~ Utility Provisions For Conditional Usc Req~st FAITH COMMUNTIY CHURCH PHASE II NAME OF APPLICANT: F~ith C~munity Church - MAILING ADDR.ESS:~ip: 34119 -- cITY: NaI~le~% FL ADDRESS OF SUBJECT pKOPERTY (IF AYAILABLE):_ liS B~o~e LEGAL DESC1LLP'fION: Scction:~Township: 48..._.Rangc:.26 .,, TraCt: Parts of Tra~$15 & 16 Lot: _Bl~k;_ SuLxtivision:~ldcn Gatc Estates Unit 97 Plat Book 7_..~_Page #:_ 95-~Propcrty I.D #:.~.~; 9__30721007 & 41990720008, Metes & Bounds Description: 4.38 Acres TYPE OF SEWEGE DISPOSAL TO BE PROVIDED (check applicable system): A. COUNTY UTILITY SYSTEM_ X _ B. CITY SYSTEM C. FRINCH1SED SYSTEM _ NAME: D. PACKAGE TREATME2qT pLANT ,CAPACITY E. SEPTIC SYSTEM OF WATER SERVICE TO BE PROVIDED (check applicable ~ystem): COUNTY UTILITY SYS'I'EM X _ CITY SYSTEM FK1NCISI'IED SYSTEM NAME: PRIVATE SYSTEM TYPE B. C. D. TOTAL POPULATION TO BE SEKVED: LO0 Church .e~..at.~ (Existine~ 300 S tudc. nt$ ] ? 8chooI.W0;'kcr~ CU.2002-AR-2~ PROJECT #20 DATE: 4/11/02 FRED REISCH AGENDA ITEM, )2020034 -- DEC 1 $ 2003 ]0. Il. 12. PEAK AND AVERAGE DALLY DEMANDS: A. WATER - PEAK 3,9 GpM B. SEWER- PEAK ~.0 GPM AVEKAGE DALLY 1~98 GPD _AVERAGE DAIIN' 1075 GPD IF PROPOSING TO CONNECT TO COLLIER COUNTY REGIONAL WATER SYSTEM, DATE SERVICE EXPECTED TO BE REQUIR£D: NARRATIVE STATEMENT: Provide a brief and concise narrative and schematic drawing of the sewage treatment process to be used as well a~ a specific s~amment r~g,rdiag thc method of a/fluent ,,nd sl'udgc disposal. If percolation ponds are to be used, then percolation data of $oll involved shill providod from tests prepared by a professiooal engineer. COLLIER COUNTY UTILITY DEDICATION STATEMENT: If the proje~ is located witlfin the services boundaries of Collier County's utility service system, written notarized statement shall be provided agreeing to dedicate to Collier County Utilities thc water distribution and sewage collecuon facilities within the project area upon completion of thc construction of these facilities in accordance with all applicable Cuu~sty o,dhxm~¢cs in effect at this time. This statement shall also ~ncl : an agreemem.','hat thc applicable system development charges ~xnd c~nnection, ea will be .paM'~'~ the County Utilities Divifioo prior to the issuance of building perm/ts by the County. If applicable, the statement shall e~ntain .~hall contain an agreement to dedicate the appropriate utility, easements for serving thc 'water and sewer systems. STATEMENT OF AVAILABILITY CAPACITY FROM OTHER PROVIDERS: Unless waived or otherwise provided for at the pre-application meeting, if thc project is to receive ~ewer ur putabl~ w~tcr :~crvi¢c~ fi'o,n provider other than ~he County, a statement fi'om that provider indicating that there i~ adequate capacit)' to r, erve the project shall b~ providecL DEC 1 6 2003. Utility Provisions For Conditional Use Request FAITH COMMUNTIY CHURCH PI-!ASE I NAME OF APPLICANT: Faith Community Chu.,'¢h MAILING ADDRESS: 043~ 22"" Avcn:u~ NW CITY: Naples. FI, ZIP: ,34119 ADDRESS OF SUBJECT PROPERTY (IF AVAILABLE): $am~ aS above LEOAL DESCRiP'I'[ON: Section: 79 'tOwnship: ~8.Rangc:26 Tract: Parts of Tracts 15 8:16 Lot: Block:__Subdivision: Golden Gate ~te~ Unit 9'7 'Plat Bo~k 7 . Page #:. ,95-6 Property I.D.#: 41930721007 & 41930720008 Metes & Bounds Description: _ 4.58 Acres TYPE OF SEWEGE DISPOSAL TO BE PROVIDED (check applicable system): A. COUNTY SYSTEM B. CITY SYSTEM C. FRINCHISED SYSTEM NAME: D. PACKAGE TREATMENT PLANT. CAPACITY (GPD), E. SEP'flC SYSTEM X (Pha~e 1) TYPE OF WATER SERVICE TO BE PROVIDED (check applicable system): C. D, COUNTY SYSTEM CITY SYSTEM FRINCIgHED SYSTEM PRIVATE SYSTEM X (Phase 1) TOTAL POPULATION TO BE SERVED: NAME: 100 Church Seats (Existin~t~ 70 Students School Workers DEC 1 6 2003 lO. 11. 12. pEAK AND AVERAGE DAILY DEMANDS: A. WATER -PEAKI3.0 GPD AVERAGE DALLY 4.652 GPD (29.6 Capita}_ D. SEW'ER- PEAK--AVER.AGE DALLY 2.552 GPO (9.(},6 Capita`) iF PROPOSING TO CONNECT TO COLLI~.R COUNTY REGIONAL WATER. SYSTEM, DATE SERVICE EXPECTED TO BE REQUIRED: NARRATIVE STATEMENT: Provide a bri,'fand concise narrative and schematic drawing of lhe sewage Ireatment process to be used as well as a specific statement regarding lhe method ofafl'lucnt mid ~ludgc disposal. If percolation ponds are to be used, then percolation dala of soil involved shall be provided from tcat~ ~eparcd by a professorial engineer. COl,!,IEg COUNTY UTILITY DEDICATION STATEblE~IT: If the ~oject is located witl.tn the services boundaries of Colller County's utility servtc¢ system, written notarized s~atemcnt shal.I be provided agreeing to dedicate ~o Collier' Couaty Utilities the water distribulion and sewage collection faciliti~ withb~ the project area upon completion of the conslructJon of thes~ facilities in accordance with all applicable County ordiiimi;r~ h', ~ffcc! at this time. Il'ds statement shall also include an agreement thai t~--. applicable sysl¢m development ' . --- K .... t charges and cot'a~c¢'tJon 't'c¢3 v-ill 1:~ prod ~o th~ .~unt), Uiiht~e~tvis~on prior o ~he isstta~,ce of building petunias by the County. If applicable, the slatcmcnt shall contsJv shnll e, antain an agreemen! to dedicate the ap.propria~e utility eascm~mts for scrv~g t. he water and sewer systems. STATEMENT OF AVAILABILITY CAPACITY FROM OTHER PROVIDERS: Unless waived or o~hcrwis¢ provided for al thc pr~-applica'6on meeting, if thc project is to ~eceive sewer or potable water services from any pl~vider other lhan thc Couvty, a stmemen! from that provider indicating thai there is adequate cnpaci~, to serve thc pro. Sect shall 1~ provided. DEC 16 2003 HOOVER PLANNING & DEVELOPMENT INC. Rezonings, PUDs, Condi[ional Uses, Variances, Plan Amendments, Traffic, Parking, & Land Use Studies, Site Planning & Subdivisions April 2, 2002 RE: Traffic Impact Study for the Faith Community Church Conditional Use Petition to Add a Child Care and Pre-School, Located Approximately 500 Feet West of Oakes Boulevard on the North Side of 22nd Avenue NW, in Sec. 29, Twp. 48S, Rng. 26E, Unincorporated Collier County, Florida iNTRODUCTION ~he subject 4.99-acre site is located on the north side of 22nd Avenue NW, approximately 500 feet west of Oakes Boulevard. On November 25, 1997, a Conditional Use was approved on the subject property for a church. Faith Community Church has opened an approximate 8,500 square foot structure and now desires to add a child care and pre- school. The church currently has approximately 100 persons in attendance at a typical Sunday service, including about 35 cNldren and teachers in classrooms and 65 adults in the sanctuary. The existing facility would initially be utilized in early Fall 2002, for up to 65 students in the child care facility (Phase I). . _ In the future, the church would like to further expand the church buildings in order to have a total of up to 25,000 square feet of church structures and serve up to 240 children within the child care and pre-school facilities. This is. expected to occur over 2. additional separate phases. We have anticipated Phase II occurring in 2004, with the church's structures being-expanded to total 17,000 and with up to 160 children in the child care/pre-school facilities. We have .projected Phase 1II occurring in 2007, with the church's structures being increased to a total of 25,000 square feet and the child care/pre- school facilities expanded to serve up to 240 children- TRIP GENEI The ITE's 6th ~mt~ a of Trip Generation was utilized to estimate the number of trips for these land uses. Classification "Church (560)" was used for the church buildings and "Day Care Center (565)''~was used for the child care and pre-school to estimate those trips. The Fitted Curve Equation, when available, was utilized. The church was based on 1,000 square feet of gross floor area with the church's size at approximately 8,500 square feet in Phase I, 17,000 square feet in Phase II, and 25,000 square feet in Phase III. The day care center was based on the number of expected students (maximum of 65 in Phase I, 160 in Phase II, and maximum of 240 in Phase III). The child care and pre-school would not be operational on Sundays, as those facilities would be needed by the church. It should be remembered that Faith Community Church I r- church expansions while the subject Conditi' ,nal/u[~ applicat~9'rt'~ -ip geh~ numlx pre-school facilities. However, the church's at the request of the County Transportation zoning wise, for future ~ for the child care and rs are also being shown CU.2002-AR-2354 PROJECT #2002020034 DATE: 4/I 1/02 North. Suite B-I. Nat~les. Florida 34105 ' Phone: 941-403. FRED KEISCHI. Modification for Multi-Purpose On-Site Trips and Passer-by Traffic Since the day care center would most likely be used by parents who are members of the church, the day care center's off-site trips were reduced to reflect multi-purpose trips to the day care center/church and also to reflect passer-by traffic. The total reduction in off'- site trips for the day care center was estimated at 25%. Normally, the passer-by traffic would be for one of the parents on their trip to or from work. The adjustments are shown below. PHASE I - TRIP GENERATION NUMBERS (Based on 8,500 square foot church and maximum of 65-student child care or pre-school) CHURCH (560) (Based on 1,000 Sq. Ft. with 8,500 Sq. Ft. in Phase I) Formula = Number of Trips per Time Period Ave. Rate = 9.11 x 8.5 = 78 Weekday Daily Trips Ave. Rate = .72 x 8.5 = 6 Wkdy. AM PK HR of Adj. St. Ave. Rate = .66 x 8.5 = 6 Wkdy. PM PK HR of Adj. St. Ln(T) = .593 Ln(x) + 4.766 = 418 Sunday Daily Trips Ave. Rate = 9.49 x 8.5 = 81 Sunday AM PK HR of Gert Enterf%VExit(%) 39(50%)/39(50%) 3(54%)/3(46%) 3(54%)/3(46%) 209(50%)/209(50%) 41(51%)/40(49%) DAY CARE CENTER (565) (Based on #Students = 65) Formula = Number of Trips per Time Period Ln(T)=I.168 Ln(x) + 0.758 = 280 Weekday Daily Trips T = 0.717(x) + 6.280 = 53 Wkdy. AM PK HR of Adj. St. Ln(T') = 0.934 Ln(x) + 0.078 = 53 Wkdy. PM PK HR of Adj. St. Enter(%)~-: :.%) ] 4o(5o%)/140(50%) 28(53%)/25(47%) 25(47%)/28(53%) DAY CARE CENTER OFF-SITE TRIPS After Adju~ment for Mfilti-purpose-Trips/paS-ser-by Traffic-. 280 x 75% -- 210 Weekday Daffy Trips 53 x 75% = 40 Wkdy. AM PK HR of Ad~. SI'. 53 x 75% = 40 Wkdy. PM PK HR of Adj. St. Enter(%)/Exit(%) 105/105 21/19 19/21 PROJECT'S TOTAL OFF-SITE TRIPS Formula = Number of Trips per Time Period 78 + 210 = 288 Weekday Daily Trips 6 + 40 = 46 Wkdy. AM PK I-IR of Adj. St. 6 + 40 = 46 Wkdy. PM PK HR of Adj. St. 418 + 0 = 418 Sunday Daily Trips 81 +0=81 Sunday AM PK HR of Gen- Emer(%)/Exit(%) 144(50%)/144(50%) 24/22 22/24 209(50%)/209(50%) 41/40 DEC 1 6 2003 -- PHASE II'- TRIP GENERATION NUMBERS (Based on 17,000 sq. foot church and maximum of 160-student child care or pre-school) CHUR~60) (Based on 1,000 Sq. Ft. with 17,000 Sq. Ft. in Phase IF/ Formula = Number of Trips per Time Period Enter(%VExit(%) Ave. Rate = 9.11 x 17 = 154 Weekday Daily Trips Ave. Rate = .72 x 17 = 12 Wkdy. AM PK HR of Adj. St. Ave. Rate = .66 x 17 = 11 Wkdy. PM PK HR oi Adj. St. Ln(T) = .593 Ln(x) + 4.766 = 630 Sunday Daily Trips Ave. Rate = 9.49 x 17 = 161 Sunday AM PK HR of Gen. 77(50%)/77(50%) 6(54%)/6(46%) 6(54%)/5(46%) 315( 50%)/315(50%) 82(51%)/79(49%) DAY CARE CENTER 565 ased on #Students = 160 Formula = Number of Trips per Time Period Ln(T)=1.168 Ln(x) + 0.758 = 800 Weekday Daily Trips T = 0.717(x) + 6.280 = 121 Wkdy. AM PK HR of Adj. St. Ln(T) = 0.934 Ln(x) + 0.078 = 124 Wkdy. PM PK HR of Adj. St. Enter(%)/Exit(%) 400(50%)/400(50%) 64(53%)/57(47%) 58(47%)/66(53%) DAY CARE CENTER OFF-SITE TRIPS ~ent for Multi-Purpose Trips/Passer-by Traffi_c 800 x 75% --- 600 Weekday Daily Trips 121 x 75% = 91 Wkdy. AM PK HR of Adj. St. 124 x 75% = 93 Wkdy. PM PK HR of Adj. St. Enter(%)/Exit(%) 300/300 48/43 44/49 PROJECT'S TOTAL OFF-SITE TRIPS Formula = Num~ of Trips per Time Period 154 + 600 .= 754 Weekday Daily Trips 12 + 91 = 103 Wkdy. AM PK HR of Adj. St. 11 + 94 = 105 Wkdy. pM PK HR of Adj. St. 630 + 0 = 630 Sunday Daily Trips 161 + 0-- 161 Sunday AM PK HR of Gen. Enter(%)/Exit(%'l 377(50%)/377(50%) 54/49 50/54 315(50%)/315(50%) 82/79 DEC I 6 2003 PHASE III - TRIP GENERATION NUMBERS (Based on 25,000 sq. foot church and maximum of 240-student child care or pre-school) CHURCH (560) (Based on 1,000 Sq. Ft. with 25,000 Sq. Ft. in Phase III) Formula = Number of Trips per Time Period Ave. Rate = 9.11 x 25 = 228 Weekday Daily Trips Ave. Rate = .72 x 25 = 18 Wkdy. AM PK I-~ of Adj. St. Ave. Rate = .66 x 25 = 16 Wkdy. PM PK HR of Adj. St. Ln(T) = .593 Ln(x) + 4.766 = 792 Sunday Daily Trips Ave. Rate = 9.49 x 25 = 237 Sunday AM PK HR of Gen. Enter(%)/Exit(%) 114(50%)/114(50%) 10(54%)/8(46%) 9(54%)/706%) 396( 50% )/396( 50%) 121 (51%)/116(49%) DAY CARE CENTER (565) (Based on//Students = 240) Formula = Number of Trips per Time Period Ln(T)=I. 168 Ln(x) + 0.758 -- 1286 Weekday Daily Trips T = 0.717(x) + 6.280 -- 178 Wkdy. AM PK HR of Adj. St. Ln(T) = 0.934 Ln(x) + 0.078 = 161 Wkdy. PM PK HR of Adj. St. Enter(%)/Exit(%) 643(50%)/643(50%) 94(53%)/84(47%) 85(47%)/96(53%) DAY CARE CENTER OFF-SITE TRIPS After Adjustment for Multi-Purpose Trips/Passer-by Traffic 1286 x 75% = 964 Weekday Daily Trips 178x75%= 134 Wkdy. AMPKHRofAdj. St. 181 X 75%-=: '13-6'-Wl~i:ly. PMPKHR of Adj. St. Enter(%)/Exit(%) 482/482 71/63 64/72 PROJECT'S TOTAL OFF-SITE TRIPS Formula__=_ Number of Trips per Time Period 228 + 964 = 1192 Weekday Daily Trips 18 + 134 = 152 Wkdy. AM PK HR of Adj. St. 16 + 136 = 152 Wkdy. PM PK HR of Adj. St. 792 + 0 = 792 Sunday Daily Trips 237 + 0 = 237 Sunday AM PK HR of Gen- Enter(%)/Exit(%) 596(50%)/596(5 0%) 81/71 73/79 3 96( 5 0% )/396( 5 0% ) 121/116' TRIP DISTRIBUTION The project's trips were distributed based on dwelling unit counts within Traffic Analysis Zones (TAZ) of the project's trade area or marketing area. A map showing the project's trade area and trip distribution for each TAZ is shown on Exl'fibit 2. The number of dwelling units in each TAZ were first put on a list (see Appendix) and these were based on the 2001 dwelling unit counts as of March 31, 2001. After totaling all of the dwelling units within the trade area, the ratios of the :lwelling units within each TAZ compared to those within the total trade area were computed for all of the TAZ. The ratios were rounded to the nearest full percentage point. Next each ratio was assigned to the closest roadway serving each TAZ. This is also shown on Exhibit 2. The project's cumulative trip distribution was then determined by having the traffic utili?e the most likely route to and fi.om the subject site (see Exh~"oit 3). ~_ '7 45 DEC 1 6 2003 z,./O ... 4 RADIUS OF DEVELOPMENT IMPACT The RDI was based upon the County's determination that the RDI for this type of project is any arterial roadway within 5 miles where the project's trips exceed 1% of LOS C based on peak hour traffic for that roadway segment. Exl'u'bit 5 shows that the project's Phase 1 traffic would have an RDI of Immokalee Road, between Livingston Road and Oakes Boulevard; Oakes Boulevard, between Vanderbilt Beach Road and Immokalee Road; and Vanderbilt Beach Road, between Oakes Boulevard and Logan Boulevard. Exhibit 8 shows the project's Phase II RDI. This is Immokalee Road, between Airport Road and Collier Boulevard, and Oakes Boulevard between Vanderbilt Beach Road and Immokalee Road. Exhibit 10 shows the projecCs Phase III RDI, which is Immokalee Road, between Airport Road and Collier Boulevard and Oakes Boulevard, between Immokalee Road and Vanderbilt Beach Road. PLANNED ROADWAY IMPROVEMENTS The numerous planned roadway improvements based on the latest AUIR are shown on Exba'bit 6. These planned improvements were utilized when projecting future R.DIs and LOS standards. EXISTING TRAFFIC/PHASE I TRAFFIC (2002) ¥o project the existing 2002 traffic and future tral~c the data from the County's 2001 traffic counts was utili?ed. After adjusting these gross counts to reflect the truck factor (.9524), traffic projections beyond 2001 were increased annually by 8% to reflect growth and background traffic. Peak Season Daily Traffic was based on the Peak/Annual Ratios also shown in the County's 2001 traffic counts. In 2002, Oakes Boulevard is at LOS B; Vanderbilt Beach Road, between Oakes Boulevard and Logan Boulevard is at LOS F; and Immokalee Road, between Livingston Road and Oakes Boulevard is at LOS F. FUTURE TRAFFIC FOR PHASE II (2004) The numerous road improvements currently being made or those planned in FY 03 will have substantial impacts on traffic patterns and volumes within the project's study area and RDI. To reflect these changes within the project's RI)I, the following 2 adjustments were made. The opening of Livingston Road and the 4-1aning of Collier Boulevard will provide quality alternative roadways to Oakes Boulevard that are projected to reduce traffic along Oakes Boulevard by 25% in 2004. Likewise, the widening of Vanderbilt Beach Road ia FY 03, the recent completion of the Pine Ridge Road widening to 6 lanes (impacts have not yet shown up on the County's traffic counts), and the opening of Livingston Road to Bonita Beach (should reduce the motorists traveling along Immokalee Road between 1-75 and Airport Road in order to utilize 1-75 for local travel). To reflect these improvements the 2004 traffic on Immokalee Road, between Airport Road and 1-75, was reduced by 20%. DEC 16 2003 All of the roadway segments within the project's RDI in 2004 will be at LOS B, both with and without the project's ti-affi~,,-e~C~l~t-fbi i~si:gme/it-fil-0-ng Irnmokalee Road (see Exhibit 14). Immokalee Road, between Airport Road and Oakes Boulevard, will be at LOS F. FUTURE TRAFFIC AT PHASE I11 BUILD-OUT (2007} All roadway segment's LOS within thc project's RDI are projected to remain at LOS B except for the one segment along Immokalee Road that is projected to remain at LOS F. PROJECT'S IMPACT WITHIN RDI The project's traffic will not drop the LOS on any roadway segment within its RDI ia any of the 3 phases. TURN LANE ANALYSES Exhibit 15 shows a turn lane analysis for the project's Phase I traffic, including the existing church's traffic, for the intersection between Oakes Boulevard and 22nd Avemm NW. During the Pre-Application Meeting it was noted by County staff that typically turn ~ would be required in this type of situation (local road accessing onto a collector roadway) if any of the project's traffic movemems had 20 or more vehicles per AM or PM Peak -Hour. Ekhibit 15 shows that-the-~0uthbound right movemem had 18 vehicles in the AM Peak Hour and the eastbound left had 18 vehicles in the PM Peak Hour. All other movements were 16 vehicles or less. The church desires to keep their Phase I traffic below the thresholds for-turn lanes. Their plan is to significantly increase church attendance prior to Phase II being initiated and then taking out a major mortgage for all of the improvements at that time. Prepared by: HOOVER PLANNING.& DEV., INC. William L. Hoover, AICP HP #31 ltisl u DEC 1 S 2003 EXHIBIT 1 VICINITY MAP .5 1 , Mile ~ ~ s ~ <}" IrnrnokoleeRood ~ 22nd Ave. NW ~ Project ~ ~ q Golden G ~ Parkwq j ~ c Bl~. Green Blvd. DEC 16 2003 (9~'8 'U'~) "BEC: 1 6 Z{]03 EXHIBIT 3 PtEOJEC T'S CUMULA TI VE TRIP DISTRIBUTION 0 .5 I ~ ,,. w E Mile ~ 21~ 21% 34% ~ 60% ~ 40~~'~ ~ Project o ~ V~nderbilt Beoch Rood ~ ~, Golden G~ ~ Porkwoj / Green Blvd. ~ AGE~A I~ ~ DEC 1 6 200~ P~._ ~ EXHIBIT 4 PROJECT'S PHASEI TRIP AS$1GNMEN T KEY 1) AM PEAK HOUR (46) 2) PM PEAK HOUR (46) ~) ~,C~KO,, Y ~L Y (2~) IN 2002 5 I § ~ t ~ ~ 10 s Mile § ~ I0 10 1~ ~ 22~d Ave. SO 9 ~ Project ~ 115 Vonderbil~ Beech Rood 0 7 lO ~ 2 0 ~ 7 lO r. 3 ~ 43 ~ ~ 2 60 12 0 ~ ~ o ~ ~ ~ 3 Golden Gat, ~ Parkway ()Pine RfdEe Rood Green Blvd. DEC 1 6 2003 EXHIBIT 5 ..~ETEIEMINA TION OF PROJECT'S PHASE I RDI IN KEY 1) GREATER OF PROJECT'S AM OR PM PEAK HOUR TRIPS 2,) PERCENT OF ROADWAY'S LOS C AT PEAK HOUR .~,) WITHIN RDI (1.0~ OR MORE OF ROADWAY'S LOS ¢) 2002 .5 1 f ~ w Mile § ~ O. 5J~ '~ NO NO ~S ' ~ Project ~ ~S o ~ Vond~rbilt Beoch Rood 0 7 10 ~ 2 Dc NO ~ NO ~ ~S NO ~ o NO Oolden ~ Green Blvd. AUI£ PLANNED EXHIBIT 6 ROAD WA Y IMPR 0 VEMEN TS c~ N .5 ? ~ ~ w Mile c ~ s ~ .~ ~-~w~ ~N Fr 02 ~ Project ~ ~ ~ 6-LANING ,IN ~ 03 4-LANING IN FY 03 m D~ ~'/ 6-L~NIN~ IN FY OJ ~ ~ ~ Golden Gal Green Blvd. DEC PR OJEC T'S EXHIBIT ? PHA SE II TRIP A SSI~NMEN T IAI KEY 1) AM PEAK HOUR (10,3) 2) PM PEAK HOUR (105) 3) WEEKDAY DAILY (754) 2005 0 .5 1 J | I , Mile 22 22 158 35 36 256 41 Subject 42 Project 302 15 11,] 22 22 158 N Immokolee Rood 62 63 452 Vonderbilt Beach Road 22 ~ 158 2 / 4 4 30 / Green Blvd. / 1 1 8 AGENDA IT~F~- DEC 1 6 2003 /J 3 2J Golden G Parkw~ EXHIBIT 8 D£TERMINA TION OF PROJECT'S PHASE II RDi IN K~Y GREATER OF PROJECT'S AM OR PM PEAK HOUR TRIPS PERCENT OF ROADWAY'S LOS C AT PEAK HOUR WITHIN RDI (1.0~ OR MORE OF ROADWAY'S LOS C) 20~ .5 I ~ ..~d w £ Mile § ~ 1.2X ~ ~S ~ / ~ ~ Immokolee Rood 22 1.7~ 2. 8~ ~ 63 ~s ~s ~~ ~s ~ NO ~ Subject ~ 4. 5X ~ Project ~ 0.2% ~~ ~ NO o ~ VonderbH~ Beoch Rood aox ~ 0.~% ~ 0.4~ ~ 0,2% / NO ~ NO NO ~ NO 1 ~ ~ ~ 0.0~ . ~ o NO '~ ~ ~ Go/den Gat, ~ ~ Porkwoy 0.2~ Green Blvd. I DEC 1 6 2003 EXHIBIT 9 pROJECT'S PHASE ill TRIP ASSiCNMENT IN 2007 KEY 1) AM PEAK HOUR (152) P~ PEAK HOUR (152) 23~ WEEKDAY DALLY (1192) 0 .5 I $2 F ~ ~" 32 M/le 250 52 32 52 32 405 250 61 Subject 61 Projecf 477 23 2 23 2 ~7~ ~ 12 N Vanderbilt $2 ~ 25O 3 Green B/vd. / Immokalee Roo~~~--.~ 9~ 9each Road / 6 6 48 DEC 1 6 200: 5 .96 / 2 2 12 Golden G, Pork wa. EXHIBIT 10 DETERMINATION OF PROJECT'S PHASE I11 RD! IN 2~ KEY 1) GREATER OF PROJECT'S AM OR PM PEAK HOUR TRIPS 2,) PERCENT OF ROADWA Y'S LOS C AT PEAK HOUR 3,) H4THIN RDI (1.0% OR MORE OF ROADWA¥'S LOS 0 .5 I ~ Mile § -= 1. 7X ~2 4.0~ ~ 91 5 2.5X ~S --__ 9.8X ~ O. SX ~ ~ Vonderbilt B~och Rood O. OX ~ NO NO NO E ~ o NO NO Green Blvd. DEC I 6 EXHIBIT 11 EXISTING TRAFFIC IN 2002 KEY AAD T/L OS PSD T/AAD T RATIO PSD T/L OS · 5 I ~ ' Mile '~ ~_, 3~, 4~6/~os E ~ ~ 133.81X ~ ~ ~ /~ ~ Immokelee Rood 3 Subject / ~ 11,268/LOS B 99. 40~ o ~ l ;,200/L OS B ~ Pro, ct ~~ Vonderbilt 8eoch Rood 20, 147/LOS F ~ ~ 20. 569~L OS F BIo~ r. ~ 102. 09~ ~ Porkwo '~ ~ ~ Golden G Green B/vd. DEC 1 6 2003 EXHIBIT 12 EXISTIN~ PSDT IN PHASE I (2002) KEY 1) Without Project's Traffic/LOS 2) Project's Troffic ~) With Project's Traffic//LOS Mile -~. ~ 42, 104/'LOS ? ~ 98 ~ ~ s 42,202~0S F ~ ~ ~ / ~ ' I~mokolee Rood ~ / ~ ~,200/LOS B .~ ~ Pr~c~ ~ -Von-derbilt Beoch Rood ~ ~ 20, 56g/LOS F ~ 20,629/LOSF~ Porkwoy J ~ C BI~ Green Blvd. EXHIBIT 13 EXISTING PSDT IN PHASE !! (2004) KEY 1,) Without Project's Troffic/LOS 2) Project's Traffic 3) With Project's Traffic/LOS Mile ~ · w ~ ~ 20,977/LOS B s 59, 288/L OS F ~ 256 ~ 158 $9,544/LOS F § ~c 21,135/LOS B I.~NW ~ 9,798/LOS B 452 10, ~O0/LOS B ~ Pro, ct ~ ~~ '~n-~erbilt Beoch 'Rood Blos~m L ~ ~ ~ ~ Golden Green Blvd. EXHIBIT 1# EXISTIN~ PSDT /IV PHASE III (2007) KEY 1) Without Project's Traffic~LOS 2) Project's Traffic J) With Project's Traffic/LOS .5 I ~ ~ ~~ , ~ ~ ~ b~ ~ w E Mile '~ ~ 49, 492/LOS F ~ 2 405 ~ ~ 26,45~/tos B s ~ 250 49,897/LOSF ~ ~ ~ / 26,701~0S B 13,057/LOS B ~ ~ Subject / 12,342/LOS B .~ 477 ~ ~ 12,8~9/LOS B ~ Pro, ct . Blossom ~. ~ '~ ~ ~ ~ Golden G~t~ ~ P~rkwoy / ~ ine Rid~Rood Green Blvd. / A~A IT'~ DEC 1 6 2003 EXHIBIT 15 '= 3o 0 ACCc. NOA ITEJ~I ~., DEC 1 6 2003 .,. DEC 1 6 2003 ( . Ol / 7 9 -PC 0 o 0 e. 7:~o ...(~..~ '7 ._3_'/.Z., 1% DEC 1 6 2003 Public Participation Meeting Summary Faith Community Church Conditional Use March 11, 2002 The meeting was called to order at 5:22 PM by Collier County Planner Fred Reischl. There were 13 people in attendance including Collier County Community Planning Coordinator Jane Eichhom. Mr. Reischl outlined the Conditional Use process and introduced Bill Hoover fi.om Hoover Planning & Development as the petitioner's representative. Mr. Hoover gave an overview of the proposal for child care and eventually a school Questions raised included a clarification that only the existing facilities would be used ia Phase 1 ofchildcare only. A neighbor of the church raised concerns about the potential increase in traffic. He wasn't concerned about the Phase 1 daycare but noted that 300 children in total at Phase 2 concerned him. Mr. Hoover reminded the group that a Traffic Impact Statement is required by Collier County as part of the process. This will provide the necessary x:eview by Collier County Transportation planners. Mr. Hoover noted that turn lanes on Oakes Blvd. Will be provided prior to Phase 2. Pastor Roy Schuck ,-~ Faith Community Church noted that the school will only be the primary grades. It was noted that many of the parents would be dropping offmore than one child with each car trip. Mr. Reischl noted that the public will have more input at the Planning Commission. Audience members noted that there was a great need for daycare in the neighborhood and those parents were driving somewhere every day already. The meeting ended 'at 5:48 PM. DEC 1 6 2003 CU-201 2-AR-2354 PROJECT #2002020034 DATE: 4/11/02 FRED REISCHL Letter Affidavit Faith CommunitY Church Conditional Use On February 27, 2002 letters were mailed to all property owners within 1,000 feet of the subject property. Additionally letters were mailed to the North Naples Property Owner's Assn. and the Golden Gate Estates Area Civic Assn. William L. Hoover, AICP ~__M._.--L~ DEC 1 6 2003 Oakes Estates Advisory, Inc. PO Box 111046 Naples, FL 34108-1146 May 22, 2002 Mr. Fred Reisehl Planning Services Dept. 2800 N. Horseshoe Drive Naples, FL 34104 Re Petition #CU-2002-AR-2354 Dear Mr. Reischl, Over the past 24 months, The Oakes Estates Advisory, Inc. and its predecessors have made several attempts to ascertain the chief concerns of our neighbors, and overwhelmingly, the single biggest concern in our area is excessive traffic on Oakes Blvd. We, as an association, having been solely developed to serve the interests of our neighbors, must therefore state our opposition to the introduction of a school in our neighborhoo& We also wish to inform all interested parties that our association is very much in favor of the expedition of the opening of additional north/south corridors, such as Livingston Road fxom Vanderbilt Beach Road on the south up to Immokalee Road. We are opposed to any development or activity that will add vehicular traffic to Oakes Blvd. For the record, we are also opposed to the widening (or adding of additional lanes) to Oakes Blvd. Commissioner Tom Henning, having attended several of our association meetings, is very familiar with our grpu_p _and our opposition to the over use of Oakes Blvd. Our approximately 500 property owners can and will become very vocal in opposition to anything that will further overcrowd our area with traffic. Thank you very much for your consideration of the matter. Please decline the request to rezone for a school. Please contact me WI can provide any more information or if there are any proceedings of which my group should be made aware. Sincerely, Brian $o Kirk President, Oakes Estates Advisory, Inc. 254-2221 A~r. NOA ITEM DEC 1 6 2003 Services DelX ~00 N. Horseshoe Drive 'aples, FL 34104 E: Petition # CU-2002-AR-2354 ~e. ar Mr. Reisctfl, am writing today to voice my opposition to the request for property rezoning by the Faith Community Church located at 6455 22~a Ave, NW' {y understanding is that the church intends to add a child day care and pre-school. My concern is that this will only add more traffic to Oakm ;Iv&, which is already over burdened- 'lease recommend that the re~llg~r~ue~ be denied when the time comes. Thank you very much. Yakes Estates Reside )ocumentl- 010100 0:00 AM DEC 1 6 2003 Page RECEIVED AU6 - 6 2O02 TO: lVl~. Fred Reischl Planning Services Dept. 2800 N. Horseshoe Drive Naples, FL 34104 RE: Petition # CU-2002-AR-2354 Dear Mr. Reischl, I am writing today to voice my opposition to the request for property rezoning by the Faith Community Church located at 6455 22"a Ave, N-W. My understanding is that the church intends to add a child day care and pre-school. My concern is that thi~ will only add more traffic to Oakes Blvd., which is already over burdened. Please recommend that the rezoning reque~s~ d~.~ed ~when the ttme comes. Thank you very m~h-~ / ~ Smcerely~ ~~ Kathryn and Fred Bickfor Oakes Estates Resident DEC 1 6 2003 To: Mr. Fred Reischl Planning Services Dept. 2800 N. Horseshoe Drive Naples, FI,' 34104 5815 20th Ave. NW Naples, FI. 34119 Aug. 6, 2002 2002 Re: Oakes Estates Dear Mr. Reischh I. We don't want Oakes 1o ev',ei Ix~ :[ tbur-lane road. In l~act, we would like to have it classified ~ residential and ngt for t~ough traffic, and h~vc the s~c.d linfit reduced to 35mph. 2. To accommodate the existM~ hcaW traffic on Oakcs, I.ogan extension, from ' · w~ have lo ~ expedited. Vanderb~t Be~ch ext. tv l~okz~lee Road, }]OWF. VER, no one wan~s a~y of thc numbered avenues to c~nncct O~es and Iogan We ~evc a buffer ~,a~l, nicely landscaped, should I:< placed along the length of the new I,ogan extension, ~.tween the ends of our avenues and Logan. Similar to what was done ~t%,een the Pine ~dge [~cigh~rhood) and Vandcrbilt Beach Road. Logan emensidn then becomes a much more approl)~iate t~ough street, ~cause it won't have'any private driveways or bus stops. The ~mpletion 0. ·, .... ~,~ h~l~e nfl~dt tim n~d for Oakes to ~ a North-South cool,or. 3. Thc buffcrh~ systcm used o~ Lo~ s~ould cont~uc up Vandcrbdt ~e ho~f thc ~uthcrmnost r~sidc~ts of 10~ Ave. 4. We al~ do not want to sec Kny of thc propc~y h our ~ca, ~ rczoncd put.sc of inltoducin8 ~y ~.hools, as has already ~cn proposal. ~ailh Conmmnity Church, located Pt 6455 22~ Ave. ~",V .h~ applied for [e~g of the pro~y to add a clfld c~rc nnd pre-school, wMch, according to thek own estbmtes would have nppro~atcly 300 students. That could add as ~y as 600 additional c~ trips daily Jo O~es Blvd. It is important to nme; we do not oppose schools, we oppose ~uaW traffic. Sincerely, M. Catherine and Peter Goodin DEC I $ 2003 August 5, 2002 TBG R CEIit D tanrd 2800 ~V. Wapteo, ~£ 34104 RE: The Oakes Estates Rezoning-Our Home 3vty wife and l reside in 7Re Oalies community on ~8~ ~en~ w~re we ~ve an o~e in ~r ~. ~it~ ~ of t~ recent c~es in ~r cit~, we fe~t t~ ~e~ to .c~yose a re~ardi~ certain ~s f~i~ ~r ~~od , .-.. . ' ~e were reCently. inf~d t~t yaith C~muntty Church ~cated at 6455 22 appl~d f~ a~operty rez~ m ~pes of ~i~ a c~ ~y care a~e-sc~ol f~iaty. c~em ~ ~d tra~ to O~es ~l~d. ~t appea&d to ~ ~t ~ O~es w~ t~t it w~ a res~nt~~~odwith ~ wa~ in a~ way ~t=O~es ~l~d. It see~dt~t t~ re~ f~ any~ to ~e ~ O~es w~ to ~a~e t~ir ~ always ~een.ap~e w~re ~r ~ c~safel~ r~ t~ir ~yc~s,p~y a~n wit~t fear of ~j%t~' ~o r~i~ tra~. ~er t~ ~t c~& of ~ears, we ~¢i~ city y~ w~e to ext~ ~ogan stra¢at ~oss to Immo~e. ~ w~ ~ef~e ls~ ~ w~t im ~ ~e~e~er ~ mre ~ ~osit~ t~ ~s a~ &~t of t~ c~muni~ w~re t~ y~n to exte~ Zogan w~ ~t ~e ~oss~. It ~ a~i~ w~t ~ can ~ to c~e eo ~ear o~~ ~ t~ ~&n ~ to z~-z~ Zogan ~xte~m ~etwe~ ~a~r~ Jm~e at t~ e~of ~r streets. ~ th~ w~sa~e O~es ~a~e~e tra~ c~est~ O~es, mg w~e a~l are a~f~ it. ~e w~ ~e~er, ~t sta~f~ ~r ~~s~eets ~e~ o~e~ u~. ~e sta~ unite~ ~ a c~munit~ req~sti~ a ~ffer afifie~i~ ~ca~e to ~n t~ &~th of Zo~an ~xte~m ~etween t~ e~ of ~r a~s a~ Zogam ~st ~mre~ t~t we w~ ~ w~te~ it t~es, ~r. ~c~ to mintain ~-city m~~i~S, wnwn coumr cua,,y ,~ a~ ~i~. ~n Zi~i~st~ ~ ~ c~f~te~ tA~ ~i~ gi~e ~otR s~s of ~' O~es a~ t~ ~e~to exfa~ O~es ~~t ~e ~ ~t ~ant an~ re-z~i~ t~i~ ~e f~ t~ ~rfose of ~i~ SC~O~ ~ anF c~~c~ z~i~. ~e ~t to ~eey tR~ a q~int res~nt~ c~munit~. gra~,r~ in t~ sa~ at~~re t~t our c~r~ were ra"e~i~ . DEC 1 6 2003 TBG 2 .tn closing, 3vtr. 9~eiscfff -sorne tFiings sfiouf~f not cfiange. Some tFtings are ~etter felt as t~e~j are to apyreciate tf~e 2~fapfes tfmt once was. We afl stanaC uniteaC as neighbors, family and friends to jrrotect tfte inte~rit~t of t~is l~reat community-fl;re Oal~es- in w~icfi ~ve are j2roud to resix[e. 'We fuave a~fressed this ~etter to you as we are confident tftat your opinion is ~ii~fzfy resyectedwith tf~e town of SXfapfes. 'We I~now tfuzt you are on our sic~e anaC apjrreciate you ~e~t mzu:f~ qTta~s from our family to yours! ~~ ~ '~~ ~~' Oa~es :Estates :Resizfertts 597o ~8~ ~tvenue ffq34r Naples, FL 34119 (239) 596-4735 ftome cc: Oakcs Estates Advisory, Inc. AGENDA ITEM DEC 1 6 2003 Appraisal & Umpire Services * Professional Consultation & Representation * Catastrophe Specialists Property Claims * Commercial / Residential Building Damage & Defect Evaluation Water, Fire, Vandalism & Arson Specialists * FWUA & NFIP Certified * Cause & Origin Investigations * Roof Consultants P.O. Box 110910 * Naples, Florida 34108-0116 * 941-596-4738 * FAX-941-596-4739 7 AUGUST 2002 Mr. Fred Reischl Planning Services Department 2800 N. Horseshoe Drive Naples, FL 34104 Re: Petition #CU-2002-AR-23 54 g£C ly£D Dear Mr. Reischl, Thank you for the opportunity to contact you regarding the proposed rezoning requested by the Faith Community Church currently located at 6455 22~ Avenue NgF off Oakes Blvd. Our neighborhood has learned that Faith Community wishes to include a day care and pre-school to its facility. While I would not prohibit anyone from caring or teaching children, we must also remember that the Oakes area is a neighborhood with resident children whose safety must be considered with the obvious increase in traffic.flow on Oakes that the day care and pre-sch°°l would generate. _ _ Oakes Blvd. already has a traffic situation that hopefully will be relieved somewhat when Logan and Livingston Roads are completed. The addition of Tarpon Bay and Malibu Lakes have already caused a burden on Oakes for residents of our area. Additional traffic resulting from the Faith community project would only add to the residents' dilemma. The residents fear the increases in traffic would encourage the county to four lane Oakes B..lvd. which would seriously compromise our quality of life. I urgeyou to deny this rezoning request. Respect. f~l~~ Davi~letzlaff Oakes Estates Resident DEEI 2003 i Dave & Traci Walker 6161 22nd Avenue N.W. Naples, FL 34119 (239) 591-1554 fax (239) 591-0367 e~mail: Tra¢iwalk@~swfla.rr. com August 5, 2002 Mr. Fred Reischl Planning Services Dept. 2800 N. Horseshoe Drive Naples, FL 34104 RE: Petition #CU-2002-AR-2354 Dear Mr. Reischl: We would like to express our concerns regarding the request for property rezoning by the Faith Community Church (6455 22ad Ave. N.W.) which is located at the end of our street. Our road is already extremely_ overburdened with traffic. Our neighborhood cannot possibly take on several hundred additional car~ passing through here on a daily basis! Please recommend that the rezoning request be denied when the times comes. Respectfully, Dave & Traci Walker AGE. NOA I T E.~I~ - DEC 1 6 2003 August 23, 2002 Planning Services Dept. Attn: Mr. Fred Reischl 2800 N. Horseshoe Drive Naples, FL 34104 RE: Petition #CU-2002-AR-2354 Dear Mr. Rcischl, I am writing today to voice my opposition to the request for property rezoning by thc Faith Community Church located at 6455 22nd Ave, NW. My understanding is that thc church intends to add a child day care and pre-schooL My concern is that this will only add more traffic to Oakes Blvd., which is already over burdened. Please recommend that thc rezoning request be denied when the time comes. Thank you very much. B~m~ and Virginia Beckman 940-Oakes Bird Oakes Estates Resident RECEIVED SEP - 9 2002 September 4, 2002 Mr. Fred Reischl Planning Services Dept. 2800 N. Horseshoe Dr. Naples, Fl 34104 RE: Petition #CU-2202-AR-2354 Dear Mr. Reischl, I wish to express to you my feeling of the request for property rezoning by the Faith Community Church located at 6455 22~ Ave. NW. My understanding is that the church intends to add child-care and preschool services. This will add more traffic to Oakes Blvd., which has more than its share already. The construction traffic, alone, traveling down Oakes Blvd. is dangerous enough and adding more to that is just waiting for a tragedy to happen. I feel that Oakes Blvd., even though it is a connecting street between Vanderbilt Beach Ext. and Immokalee Rd., is a residential area and should be treated as such - not just a major thoroughfare as it is becoming. Please recommend that the rezoning request be denied when the time comes. Thank you very much for your time smd attamtion to my lettex. Sincerely, Michele Quintero Oakes Estates Resident AOENDA ITEM DEC 1 6 2003 7/ TO: Mr. Fred Reischl Planning Services Dept. 2800 N. Horseshoe Drive Naples, FL 34104 RE: Petition # CIJ-2002-AR-2354 'Dear Mr. Reischl, I am writing today to voice my opposition to the request for property rezoning by the Faith Community Church located at 6455 22na Ave, NW. My understanding is that the church intends to add a child day care and pre-school. My concern is that this will only add more traffic to Oakes Blvd., which is already over burdened. Please recommend that the rezoning request be denied when the time comes. Thank you very much. ~Weber 6225 14th Ave NW Oakes Estates Resident DEC 1 6 2003 ; ! August 8, 2002 Michael and Bobbi Sutton 5830 24th Ave. NW Naples, FL 34119 Re: Petition # CU-2002-AR-2354 Dear Mr. Reischl, We are sending this letter today to state our disagreement with the property rezoning by Faith Community Church located at 6455 22r~ Ave. NW. It is our UnderStanding that the church plans to add a child day care and pre-school. We know this will add more traffic and congestion to an already over-crowded Oakes Blvd. In order to leave our street, we must often sit and wait for five minutes for traffic to clear enough to get out onto Oakes Blvd. Turning left onto Oakes Blvd is almost impossible and without a doubt very dangerous because of the heavy volume of cars. Please recommend_that the rezoning._request be .denied when the time comes. We appreciate your consideration in this matter. Sincerely, Mike and B(~bbi Sutton DEC 1 6 2003. P~,.~ El ~C,E.,c.E. Ly / DEC 1 6 2003 · Page 1 of 1 reischl_f ._ =- From: denton baker [dentonbaker@sprintmail.com] Sent: Monday, July 29, 2002 12:56 AM To: reischl_f Subject: Opposition to Community Church Daycare 28 July 2002 To: Mr. Fred Reischl Planning Services Dept. 2800 N. Horseshoe Drive Naples, FL 34104 RE: Petition # CU-2002-AR-2354 Dear Mr. Reischl, I am writing today to voice my opposition to the request for property rezoning by the Faith Community Church located at 6455 22nd Ave, NW. My understanding is that the church intends to add a child day care and pre-school. My concern is that this will only add more traffic to Oakes Blvd., which is already over burdened. Please recommend that the rezoning request be denied when the time comes. Thank you very much. Sincerely, Denton and Connie Baker 5640 l0th Avenue NW 34109 Oakes Estates Resident 8/5/2002 DEC 1 6 2003 Richard L LJdgard, Jr. Home Phone 94 !-597-2552 Email Lidgar6~swfla-q.oom 5810 10l~ Ave August 08, 2002 Mr. Fred Rcisch Planning Services Dept 2800 N. Horseshoe Dr. Naples, FL 34 i 04 RE: Petition # CU-2002-AR-2354. Dear Mr. Reischl, 1 live offOakes Blvd- in north Naples. I am opposed to Faith Community Church's request for property rezoning at 6455 22nd Ave NW. I believe they plan to add a day care and pre-school. I am not against churches, in fact, quite the opposite. But I am against increased traffic on Oakes Blvd, which is already overloaded. This rezoning will only add to the traffic, especially during morning and afternoon hours when it is already the heaviest. Please recommend that the rezoning request be denied when the time comes. Sincerely, AC~.NOA ITEM/~-)' ~ DEC 1 6 2003 Jim Ileberts 6265 14t~ Avenue N.W. Naples, FL 34 ! 19 ~6~-8745 Fax 941-59S-9605 Hon~ 941 598 2323 RECEIVED July 19, 2002 TO: Mr. Fred Reischi Planning Services Dept. 2800 N. Horseshoe Drive Naples, FL 34104 RE: Petition # CU-2002-AR-2354 Dear Mr. Reischl, I am wxiting today to voice my opposition to the request for property rezoning by the Faith Community Church located at 6455 22"a Ave, NW. My understanding is that the church intends to add a child day care and pre-schooL My concern is that this will only -add=more tra~c to Oakes Blvd.,-wl-tich is already overburdened.-Please recommend that the rezoning request be denied when the time comes. Thank you very much. DEC 1 6 2003 Nora Beyem 6060 22"' Avenue NW Naples, FL 34119 Telephone: 239.566.1181 Fax: 239.566.7057 E~lail: -- eagles3~naple$;net- July 29, 2002 Mr. Fred Reischl Planning Services Department 2800 N. Horseshoe Ddve Naples, FI 34104 RECEIVED AU6 - 2 2002 Re: Petition #CU-2002-AR-2354 Dear Mr. Reischl: It is my understanding that Faith Community Church Iodated at 6455 22n~ Avenue NW has requested property rezoning so they may add a child day care and pre- school. Please recommend this request be denied. We currently live on 22r~ Avenue NW on the east side of Oakes Blvd. Because this street is only a short distance from the busy intersection of Oakes Blvd. and Immokalee Road, we already experience long delays and dangerous situations trying to gain ingress and egress to our street. In season at morning and afternoon peak traffic times, vehicles may be backed up in the northbound lane of Oakes from the traffic light all the way back to almost 20th Avenue. When trying to merge from 22"~ onto Oakes, turning left becomes a genuine safety issue because it is impossible to see vehicles traveling in the southbound lane. It is terrifying to think of an accident happening as children wait on the comer for their school bus. If the church (on the west side of 22r~ Avenue) is permitted to open a school and day cam center it will only add to the congestion and unsafe condition of more people because most likely their peak traffic pattern would be the same time as the peak traffic time on Oakes Blvd. Aside from the safety issue, the logistics of possibly 600 daily car trips going in and out of this short street (some turning left and some turning right unto Oakes) is not prudent reasoning on the church's part. Sincerely, Nora Beyers TO: Mr. Fred Reischl Planning Services Dept. 2800 lq. Horseshoe Drive Naples, FL 34104 RE: Petition # CU-2002-AR-2354 Dear Mr. Rcischl, I am writing today to voice my opposition to the request for property rezoning by the Faith Community Church located at 6455 22'~ Ave, NW. My understanding is that thc church intends t~ add a child day care and pre-schooL My concern is that this will only add more traffic to Oakes Blvd., which is akeady over burdened. Please recommend that the rezoning_~r_e~l_ U _e~t_. _b~_ denied when the time comes. Thank you very much. Sincerely, Oakes Estates Resident AOENOA ITEMr~ - DEC 1 6 2003. DEC 1 6 2003 RECEIVED AUG - 6 2002 TO: Mr. Fred Reischl Planning Services Dept. 2800 N. Horseshoe Drive Naples, FL 34104 RE: Petition # CU-2002-AR-2354 Dear Mr. Reischl, I am writing today to voice my opposition to the request for property rezoning by the Faith Community Church located at 6455 22na Ave, NW. My understanding is that the church imends to add a child day care and pre-school. My concern is that tkis will only add more traffic to Oakes Blvd., which is already over burdened. Please recommend that _the_rezoning request be denied ~hen the time comes. _Thank you very muck Sincerely, Oakes Estates Resident DEC 1 6 2003 ,'L RECEIVED AIJ$ - 7 200~ TO: Mr. Fred Reischl Planning Services Dept. 2800 N. Horseshoe Drive Naples, FL 34104 RE: Petition # CU-2002-AR-2354 Dear Mr. Reischl, I am writing today to voice my opposition to the request for property rezoning by the Faith Community Church located at 6455 22"d Ave, NW. My understanding is that the church intends to add a child day care and pre-school. My concern is that this will only add more traffic to Oakes Blvd., which is already over burdened. Please recommend that ---the-rezxmi~-request be.denied when the time comes. Thank you very much. Sincerely, - OakesEstates Resident l~p~ FL ::Ml19-1221...,~ A~I:)A ITF_~M DEC 1 6 2003 RECEIVED AU6-.7 2002 TO: Mr. Fred Reischl Planning Services Dept. 2800 N. Horseshoe Drive Naples, FL 34104 RE: Petition # CU-2002-AR-2354 Dear Mr. Reischl, I am writing today to voice my opposition to the request for property rezoning by the Faith Community Church located at 6455 22~ Ave, NW. My understanding is that the church intends to add a child day care and pre-school. My concern is that this will only add more traffic to Oakes Blvd., which is akeady over burdened. Please recomn~nd that the rezoning request be denied when the time comes. Thank you very much. Oakes Estates Resident AGE~A DEC 1 6 2003 RECEIVED AU$ -. 2002 TO: Mr. Fred Reischl Planning Services Dept. 2800 N. Horseshoe Drive Naples, FL 34104 RE: Petition # CU-2002-AR-2354 Dear Mr. Reischl, I am writing today to voice my opposition to the request for property rezoning by the Faith Community Church located at 6455'22~ Ave, NW. -My understanding is that the church intends to add a child day care and pre-school. My concern is that this will only add more traffic to Oakes Blvd., which is already over burdened. Please recommend that t-he~e~g-~q~ bexlenied when_the t'_tm..e c_o_ _me~. ~ you very much. Oakes Estates Resident AGENDA ITEM _ DEC 1 6 2003 TO: Mr. Fred Reischl Planning Services Dept. 2800 N. Horseshoe Drive Naples, FL 34104 RE: Petition # CU-2002-AR-2354 'Dear Mr. Reischl, I am writing today to voice my opposition to the request for property rezoning by the Faith Community Church located at 6455 22"d Ave, NW. My understanding is that the church intends to add a child day care and pre-school. My concern is that this will only add more traffic to Oakes Blvd., which is already over burdened. Please recommend that the rezoning request be denied when the time comes. Thank you very much. AO~r. NOA ffEM DEC 1 2003 TO: Mr. Fred Reischl Planning Services Dept. 2800 N. Horseshoe Drive Naples, FL 34104 RECEIVED ,~U$ - 8 2OO2 RE: Petition # CU-2002-AR-2354 Dear Mr. Reischl, I am writing today to voice my opposition to the request for property rezoning by the Faith Community Church located at 6455 22~a Ave, NW. My understanding is that the church intends to add a child day care and pre-schooL My concern is that this will only add more traffic to Oakes Blvd., which is already over burdened. Please recommend that the'rezoning request be denied when the time comes. Thank you very much. Sincerel~r, , ! /~/ O~e-s E~tates Resident 3 DEC 1 6 2003 TO: Mr. Fred Reischl Planning Services Dept. 2800 N. Horseshoe Drive Naples, FL 34104 RE: Petition # CU-2002-AR-2354 Dear Mr. Reischl, I am writing today to voice my opposition to the request for property rezoning by the Faith Community Church located at 6455 22~a Ave, NW. My understanding is that the church intends to add a child day care and pre-school. My concern is that this will only add more traffic to Oakes Blvd., which is already over burdened. Please recommend that the rezoning request be denied when the time comes. Thank you very much. Oakes'Estates Resident DEC 1 6 2003 'TO: Mr. Fred Reischl Planning Services Dept. 2800 N. Horseshoe Drive Naples, FL 34104 RE: Petition # CU-2002-AR-2354 Dear Mr. Reischl, I am writing today to voice my opposition to the request for property rezoning by the Faith CommUnity Chin;ch located at 6455 22~ Ave, NW. My understanding is that the church intends to add a child day care and pre-school. My concern is that this will only add more traffic to Oakes Blvd., which is already over burdened. Please recomn~nd that th-e-'~-ezoning'request be de_nie~r~he~n the time comes. Thank you very much. Sincerely, ~ ~ TO: Mr. Fred Reischl Planning Services Dept. 2800 N. Horseshoe Drive Naples, FL 34104 RE: Petition # CU-2002-AR-2354 Dear Mr. Reischl, I am writing today to voice my opposition to the request for property rezoning by the Faith Community Church located at 6455 22~a Ave, NW. My understanding is that the church intends to add a child day care and pre-school. My concern is that this will only add more traffic to Oakes Blvd., which is already over burdened. Please recommend that the rezoning request be denied when the time comes. Thank you very much. Sincerely, O~es Estates Resident AGEI~A ITEM [.)_... No._, DEC I 6 2.003 TO: Mr. Fred Reischl Planning Services Dept. 2800 N. Horseshoe Drive Naples, FL 34104 RECEIVED AU~ 2 6 2002 RE: Petition # CU-2002-AR-2354 Dear Mr. Reischl, I am writing today to voice my opposition to the request for property rezoning by thc Faith Community Church located at 6455 22"d Ave, N-W. My understanding is that the church intends to add a child day care and pre-school. My concern is that this will only add more traffic to Oakes Blvd., which is already over burdened. Please reconamend that the rezoning_r_e_quest be_de_ni_e_d_~hen the time comes. Thankyou very much. Sincerely, · Oakes Estates Resident AGE~A ITEM DEC 1 ~ 2003 TO: Mr. Fred Reischl Planning Services Dept. 2800 N. Horseshoe Drive Naples, FL 34104 AU$ - 2 RE: Petition # CU-2002-AR-23.54 Dear Mr. Reiseht, I am writing today to voice my opposition to the request for property rezoning by the Faith Community Church located at 6455 22~d Ave, NW. My understanding is that the church intends to add a child day care and pre-schooL My concern is that this will only add more traffic to Oakes Blvd., which is already over burdened. Please recommend that the rezoning request be_ d_e?_'.ed w_~hen ~th.e~ tim? co__mes_. Thank _y_?~ very much. Oakes Estates Resident DEC 1 6 2003 q/ AUG - 8 2002 TO: Mr. Fred Reischl Planning Services Dept. 2800 N. Horseshoe Drive Naples, FL 34104 RE: Petition # CU-2002-AR-2354 Dear Mr. Reischl, I am writing today to voice my opposition to the request for property rezoning by the Faith Community Church located at 6455 22~ Ave, NW. My understanding is that the church intends to add a child day care and pre-school. My concern is that this will only add more traffic to Oakes Blvd., which is already over burdened. Please recommend that th~ request be denied when the time comes. Thank you very much. .Oakes Estates Resident AGE~A ITE~"~'/' i ' DEC I 6 2003 TO: Mr. Fred Reischl Planning Services Dept. 2800 N. Horseshoe Drive Naples, FL 34104 A U$ 2 3 200 RE: Petition # CU-2002-AR-2354 Dear Mr. Reischl, I am writing today to voice my opposition to the request for property rezoning by the Faith Community Church located at 6455 22~ Ave, NW. My understanding is that the Church intends to add a child day care and pre-schooL My concern is that this will only add more traffic to Oakes Blvd., which is already over burdened. Please recommend that the reZ°ning request be denied when the time comes. Thank you very much. Sincerely, Oakes Estates Resident Pg. ~ TO: Mr. Fred Reischi Planning Services Dept. 2800 N. Horseshoe Drive Naples, FL 34104 RE: Petition # CU-2002-AR-2354 Dear Mr. Reischl, I am writing today to voice my opposition to the request for property rezoning by the Faith Community Church located at 6455 22~ Ave, NW. My understanding is that the --church intends to add a child day care and pre-schooL My concern is that this will only. add more traffic to Oakes Blvd., which is already over burdened. Please recommend that the rezoning request be denied when the time comes. Thank you very much- Sincerely, Oakes Estates Resident ss s 20t '3 v .-gw Naples, FL 34119 DEC 1 6 2003 TO: Mr. Fred Reischl Planning Services Dept. 2800 N. Horseshoe Drive Naples, FL 34104 RE: Petition # CU-2002-AR-2354 Dear Mr. Reischl, I am writing today to voice my .opposition to the request for property rezoning by the Faith Community Church located at 6455 224 Ave, NW. My understanding is that the church intends to add a child day care and pre-school. My concern is that this will only add more traffic to Oakes Blvd., which is akeady over burdened. Please recommend that the rezoning request be denied when the time comes. Thank you very much. Sincerely, Oakes Estates Resident AGENDA ITEM DEC 1 6 2003 TO: Mr. Fred Reischl Planning Services Dept. 2800 N. Horseshoe Drive Naples, FL 34104 RE: Petition # CU-2002-AR-2354 De~Mr. Reischl, I am writing today to voice my opposition to the request for property rezoning by the Faith Community Church located at 6455 22~ Ave, N-W. My understanding is that the chtirch intends to add a child day care and pre-school. My concern is that this will only add more traflfic to Oakes Blvd., which is already over burdened. Please reconm~nd that the rezoning request be denied when the time comes. Thank you very much. Sincerely, Oakes Estates Resident DEC 1 6 2003 SEP 2 3 2002 TO: Mr. Fred Reischl Planning Services Dept. 2800 N. Horseshoe Drive Naples, FL 34104 RE: Petition # CU-2002-AR-2354 Dear Mr. Reischl, I am writing today to voice my opposition to the request for property rezoning by the Faith Community Church located at 6455 22~ Ave, NW. My understanding is that the church intends to add a child day ca~e and pre-school. My concern is that this will only add more traffic to Oakes Blvd., which is akeady over burdened. Please recommend that the rezoning request be denied when the time comes. Thank you very much. Sincerely, Oakes Estates Resident DEC 1 6 20~3 SEP ~ 0 2001 TO: Mr. Fred Reischl Planning Services Dept. 2800 N. Horseshoe Drive Naples, FL 34104 RE: Petition # CU-2002-AR-2354 Dear Mr. Reischl, I am writing today to voice my opposition to the request for property rezoning by the Faith Community Church located at 6455 22~a Ave, NW. My understanding is that the church intends to add a child day care and pre-school. My concern is that this will only add more traffic to Oakes Blvd., which is already over burdened. Please recommend that the rezoning request be denied when the time comes. Thank you very much. Sincerely, Oakes Estates Resident AGENDA I'T~--M I!.~ DEC 1 6 2003 RECEI¥1~O $£P ! 8 2002 TO: Mr. Fred Reischl Planning Services Dept. 2800 N. Horseshoe Drive Naples, FL 34104 RE: Petition # CU-2002-AR-2354 Dear Mr. Reischl, I am writing today to voice my opposition to the request for property rezoning by the Faith Community Church located at 6455 22~a Ave, NW. My understanding is that the church intends to add h child day care and pre-school. My concern is that this will only add more traffic to Oakes Blvd., which is already over burdened. Please recommend that the rezoning request be denied when-the time-comes.--Thank you very much. Sincerely, -Oakes Estates Resident AGENDA I~ DEC 16 2003 RECEIVED SEP - § 2002 TO: Mr. Fred Reischl Planning Services Dept. 2800 N. Horseshoe Drive Naples, FL 34104 RE: Petition # CU-2002-AR-2354 Dear Mr. Reischl, I am writing today to voice my opposition to the request for property rezoning by the Faith Community Church located at 6455 22~ Ave, NW: My understanding is that the church intends to add a child day care and pre-school. My concern is that this will only add more traffic to Oakes Blvd., which is akeady over burdened. Please recomn~nd that the rezoning request be denied when the time comes. Thank you very much. Sincerely, Oakes Estates Resident DEC 1 6 2003 _ RECEIVED SEP - 5 2002 TO: Mr. Fred Reischl Planning Services Dept. 2800 N. Horseshoe Drive Naples, FL 34104 RE: Petition # CU-2002-AR-2354 Dear Mr. Reischh I am writing today to voice my opposition to the request for property rezoning by the Faith Community Church located at 6455 22~ Ave, NW. My understanding is that the church intends 1o add a child day care and pre-school. My concern is that this will only add more traffic to Oakes Blvd., which is already over burdened. Please recommend that the rezoning request be denied when the time comes. Thank you very much. TO: Mr. Fred Reischl Planning Services Dept. 2800 N. Horseshoe Drive Naples, FL 34104 RE: Petition # CU-2002-AR-2354 Dear Mr. Reischl, I am writing today to voice my opposition to the request for property rezoning by the Faith Community Church located at 6455 22~a Ave, NW. My understanding is that the church intends to add a child day care and pre-school. My concern is that this will only add more traffic-to Oakes BI¥_c[., w_bjc_h is already over burdened. Please recommend that the rezoning request be denied when the time 'comes. Thank you very much. /,/ 6a~e;~'st~s P-esident AGENDA ITE~I /h DEC 1 6 2003. t'agc ~ o~ ~ TO: Mr. Fred Reischl Planning Services Dept. 2800 lq. Horseshoe Drive Naples, FL 34104 RE: Petition # CU-2002-AR-2354 Dear Mr. Rcischl, I am writing today to voice my opposition to the request for property rezoning by the Faith Community Church located at 6455 22nd Ave, NW. My understanding is that the church intends to add a child day care and pre-school. My concern is that this will only add more traffic to Oakes Blvd., which is already over burdened. Please recommend that the rezoning request be denied when the time comes. Thank you very much. Sincerely, Oakes Estates Resident http:/lwww.oakesadvisory-com/letter-htm DEC 16 2003 4/2/03 RECEIVED AUG 2 9 2002 TO: Mr. Fred Reischl Planning Services Dept. 2800 N. Horseshoe Drive Naples, FL 34104 RE: Petition # CU-2002-AR-2354 Dear Mr. Reischl, I am writing today to voice my opposition to the request for property rezoning by the Faith Community Church located at 6455 22~ Ave, NW. My understanding is that the church intends to add a child day care and pre-school. My concern is that this will only add more traffic to Oakes Blvd., which is akeady over burdened. Please recommend that -t-h~-rezoning requestbe denied when the time comes. Thank you very much. Oake~ Estates-Residem DEC 1 6 2003 .~. /O~ RECEIVED TO: Mr. Fred Reischl Planning Services Dept. 2800 N. Horseshoe Drive Naples, FL 3411M RE: Petition # CU-2002-AR-2354 Dear Mr. Reischl, I am writing today to voice my opposition to the request for property rezoning by the Faith Community Church located at 6455 22~a Ave, NW. My understanding is that the church intends to add a child day care and pre-school. My concern is that this will only add more traffic to Oakes Blvd., which is already over burdened. Please recommend that the rezoning request be denied when the time comes. Thank you very much. Sincerely, Oakcs Estates Resident AGENOA ITEM ~ DEC 1 6 2003 Petition Letter TO: Mr. Fred Reischl Planning Services Dept. 2800 N. Horseshoe Drive Naples, FL 34104 Page 1 of 1. RECEIVED ALIG' 1 3 2002 RE: Petition # CU-2002-AR-2354 Dear Mr. Reischl, I am writing today to voice my opposition to the request for property rezoning by the Faith Community Church located at 6455 22nd Ave, NW. My understanding is that the church intends to add a child day care and pre-school. My concern is that this will only add more traffic to Oakes Blvd., which is already over burdened. Please recommend that the rezoning request be denied when the time comes, Thank you very much Sincerely, Oakes Estates Resident http://www.oakesadvis°ry'comAetter'htm AGENOA ITEM DEC 1 ~ 2003 8/5/2002 RECEIVED AUG ! 3 2002 TO: Mr. Fred Reischl Planning Services Dept. 2800 N. Horseshoe Drive Naples, FL 34104 RE: Petition # CU-2002-AR-2354 Dear Mr. Reischl, I am writing today to voice my opposition to the request for property rezoning by the Faith Community Church located at 6455 22''a Ave, NW. My understanding is that the church intends to add a child day care and pre-school. My concern is that this will only add more traffic to Oakes Blvd., which is already over burdened. Please recommend that the rezoning request be denied when the time comes. Thank you very much. Sincerely, Oakes Estates Resident DEC ! 6 2003 P,. /~?,, TO: Mr. Fred Reischl Planning Services Dept. 2800 N. Horseshoe Drive Naples, FL 34104 RE: Petition # CU-2002-AR-2354 Dear Mr. Reischl, I am writing today to voice my opposition to the request for property rezoning by the Faith Community Church located at 6455 22~ Ave, NW. My understanding is that the church intends to add a child day care and pre-school. My concern is that this will only add more traffic to Oakes Blvd., which is akeady over burdened. Please recommend that the rezoning request be denied when the time comes. Thank you very much. Oakes Estates Resident BEC 1 6 2003 TO: Mr. Fred Reischl Planning Services Dept. 2800 N. Horseshoe Drive Naples, FL 34104 RE: Petition # CU-2002-AR-2354 Dear Mr. Reisclal, I am writing today to voice my opposition to the request for property rezoning by the Faith Community Church located at 6455 22'~ Ave, NW. My understanding is that the church intends to add a child day care and pre-school. My concern is that this will only add more traffic to Oakes Blvd., which is already over burdened. Please reeomn~nd that the rezoning request be deniedwheruthe.~-ne-comes..~ank_you yery much. Sincerely, Oakes Estates Resident TO: Mr. Fred Reischl Planning Services Dept. 2800 N. Horseshoe Drive Naples, FL 34104 RE: Petition # CU-2002-AR-2354 Dear Mr. Reischl, I am writing today to voice my opposition to. the request for property rezoning by the Faith Community Church located at 6455 22~ Ave, NW. My understanding is that the church intends to add a child day care and pre-school. My concern is that this will only add more traffic to Oakes Blvd., which is already over burdened. Please recornn~nd that the rezoning request-be denied when the time ~omes. Thank you very much, DEC I 13 2003. p~. /!0 TO: Mr. Fred Reischl Planning Services Dept. 2800 N. Horseshoe Drive Naples, FL 34104 RE: Petition # CU-2002-AR-2354 Dear Mr. Reischl, ! am writing today to voice my opposition to the request for property rezoning by the Faith Community Church located at 6455 22~ Ave, NW. My understanding is that the church intends to add a child day care and pre-school. My concern is that this will only add more traffic to Oakes Blvd., which is already over burdened. Please recommend that the rezoning-request be-denied-~hervthe-time-c°mes. Thank.you very much. Oakes Estates Resident DEC 1 6 2003 "~.. /1! TO: Mr. Fred Reischl Planning Services Dept. 2800 N. Horseshoe Drive Naples, FL 34104 RE: Petition # CU-2002-AR-2354 Dear Mr. Reischl, I am writing today to voice my opposition to the request for property rezoning by the Faith Community Church located at 6455 22~a Ave, NW. My understanding is that the ' church intends to add a child day care and pre-school. My concern is that this will only add more traffic to Oakes Blvd., which is already over burdened. Please recommend that :the -rezoning-request be- denied when-the-time-comes..--Thank you very much. Sincerely, AGE~A rr~_~ DI DEC 1 6 2003 ~lA ._ Henry IUidrdh ~ l~h Ave NV/ TO: Mr. Fred Reischl Planning Services Dept. 2800 N. Horseshoe Drive Naples, FL 34104 RE: Petition # CU-2002-AR-2354 Dear Mr. Reischl, I am writing today to voice my opposition to the request for property rezoning by the Faith Community Church located at 6455 22~ Ave, NW. My understanding is that the church intends to add a child day care and pre-school. My concern is that this will only add more traffic to Oakes Blvd., which is already over burdened. Please recommend that the rezoning request be denied when the time comes. Thank you very much. Sincerely, AGENDA ITEM DEC 1 6 2003 ,,.. t/3 TO: Mr. Fred Reischl Planning Services Dept. 2800 N. Horseshoe Drive Naples, FL 34104 RE: Petition # CU-2002-AR-2354 Dear Mr. Reischl, I am ~iting today to voice my opposition to lhe request for property rezoning by the Faith Community Church located at 6455-22~ Ave, NW. My understanding is that the church intends to add a child day care and pre-school. My concern is that this will only add more traffic 1o Oakes Blvd., which is already over burdened. Please recommend that th~e_rc_zo_ning request be d~nied w~gn th~!_'_~n, e co _m~_s._ Thank you very much. Sincerely, Oakes Estates Resident AGENOA ITEM~ DEC 1 6.2003 .,. TO: Mr. Fred Reischl Planning Services Dept. 2800 N. Horseshoe Drive Naples, FL 34104 zooe, 6- RE: Petition # CU-2002-AR-2354 Dear Mr. ReischI, I am writing today to voice my opposition to the request for property rezoning by the Faith Community Church located at 6455 22°d Ave, NW. My understanding is that the church intends to add a child day care and pre-school. My concern is that this will only add more traffic to Oakes Blvd., which is already over burdened. Please recomn~nd that ---the rezoning request be denied when the time comes. Thank you very much. Oakes Estates .Resident DEC 1 6 2003 116' RECEIVED AUG 1.5 2002 TO: Mr. Fred Reischl Planning Services Dept. 2800 N. Horseshoe Drive Naples, FL 34104 RE: Petition # CU-2002-AR-2354 Dear Mr. Reischl, itin toda to voice opposition to the request for property rezoning by the ~ - --:'-' '~' .... h located at 6455 22~ Ave, NW _.jy']~understandmg rs that the rc~Tc~;~en~Us ~oy ~j~'"a~hild day care and pre-school. J~,Y°~:[ncem rs that this will only add more traffic to Oakes Blvd., which is already over burdened. Please recommend that . _. the rezoning request be denied when the time comes. Thank you very much. Sincerely, Oakes Estates Residerrtrq AGENDA fFEM ~ 2003 TO: Mr. Fred Reischl Planning Services Dept. 2800 N. Horseshoe Drive Naples, FL 34104 2002 RE: Petition # CU-2002-AR-2354 Dear Mr. Reischl, I am writing today to voice my opposition to the request for property rezoning by the Faith Community Church located at 6455 22~a Ave, NW. My understanding is that the church intends to add a child day care and pre-school. My concern is that this will only add more traffic to Oakes Blvd., which is already over burdened. Please recommend that t-he' rezoning-request be denied when the time comes. Thank you very much. Sincerely, Oakes- Estates-Resident AGENDA ITEM [}El} I ~ ~00~ /17 Petition Letter Page I of 1' TO: Mr. Fred Reischl Planning Services Dept. 2800 N. Horseshoe Drive Naples, FL 34104 RE: Petition # CU-2002-AR-2354 RECEIVED a~c ! 9. 2002 Dear Mr. Reischl, I am writing today to voice my opposition to the request for property rezoning by the Faith Community Church located at 6455 22nd Ave, NW. My understanding is that the church intends to add a child day care and pre-school. My concern is that this will only add more traffic to Oakes Blvd., which is already over burdened. Please recommend that the rezoning request be denied when the time comes. Thank you very much. Sincerely, Oakes Es _tate_s_Resi~dent http://www, oakesadvisory-com/letter-htm AGF_NDA I'I'F_.M/-',~ DEC 1 or 2003 8/15/2002 RECEIVED AU6 2 0 2002 TO: Mr. Fred Reisehl Planning Services Dept. 2800 N. Horseshoe Drive Naples, FL 34104 RE: Petition # CU-2002-AR-2354 Dear Mr. ReischL, I am writing today to voice my opposition to the request for property rezoning by the Faith Community Church located at 6455 22~d Ave, NW. My understanding is that the church intends to add a child day care and pre-school. My concern is that this will only add more traffic to Oakes Blvd., which is already over burdened. Please recommend that the rezoning request be denied when the time comes. Thank you very much. Oakes Estates Resident DEC 1 § 2003 TO: Mr. Fred Reischl Planning Services Dept. 2800 N. Horseshoe Drive Naples, FL 34104 RECEIVED AUG 2 13 21302 RE: Petition # CU-2002-AR-2354 Dear Mr. Reischl, I am writing today to voice my opposition to the request for property rezoning by the Faith Community Church located at 6455 22~ Ave, NW. My understanding is that the church intends to add a child day care and pre-school. My concern is that this will only add more traffic to Oakes Blvd., which is akeady over burdened. Please recommend that the rezoning request be denied when the time comes. Thank you very much- Oakes EstTResident DEC 1 6 2003 TO: Mr. Fred Reischl Planning Services Dept. 2800 N. Horseshoe Drive Naples, FL 34104 RE: Petition # CU-2002-AR-2354 Dear Mr. Reischl, I am writing today to voice my opposition to the request for property rezoning by the Faith Community Church located at 6455 22~ Ave, NW. My understanding is that the church intends to add a child day care and pre-school. My concern is that this will only add more traffic to Oakes Blvd., which is already over burdened. Please recommend that -therezoningrequest-bc denied-when-the-time comes. Thank you very much. Sincerely, O~i~-S ~"~t~s ~&sident Mike Sawatzki 5'/48 12th Ave NW Naples, FI., 34119-1318 AGENDA ITEM ~-,~ DEC I 6 2003 P~.~ TO: Mr. Fred Reischl Planning Services Dept. 2800 N. Horseshoe Drive Naples, FL 34104 RECEIVED AUG f ~ 2002 RE: Petition # CU-2002-AR-2354 Dear Mr. Reischl, I am writing today to voice my opposition to the request for property rezoning by the Faith Community Church located at 6455 22=a Ave, NW. My understanding is that the church intends to add a child day care and pre-school. My concern is that this will only add more traffic to Oakes Blvd., which is already over burdened. Please recornn~nd that the rezonm~j request be denied when the time comes. Thank you very much. Sincere~ .... Oakes ~ DEC 1 6 2003 RECrlVED AUG I.~ 200~) TO: Mr. Fred Reischl Planning Services Dept. 2800 N. Horseshoe Drive Naples, FL 34104 RE: Petition # CU-2002-AR-2354 Dear Mr. Reischl, I am writing today to voice my oppositionto the request for property rezoning by the Faith Community Church located at 6455 22*a Ave, NW. My understanding is that the church intends to add a child day care and pre-school. My concern is that this will only odd more_.t_raffi_c t_o_ Oake~ Blyd., which is already over burdened. Please recommend that the rezoning request be denied wfi~n t-h~-t-ime Comes. ~ you very much. Sincerely, . _ Oakes Estates Resident AGENOA ITEM DEC 1 6 2003 TO: Mr. Fred Reischi Planning Services Dept. 2800 N. Horseshoe Drive Naples, FL 34104 RE: Petition # CU-2002-AR-2354 Dear Mr. Reischl, ° I am writing today to voice my opposition to the request for property rezoning by the Faith Community Church located at 6455 22~ Ave, NW. My understanding is that the church intends to add a child day care and pre-school. My concern is that this will only add more tr~affic to Oakes Blvd., which is already over burdened. Please recommend that the rezoning request be denied when the time comes. Thank you very much. Sincerely, Oakes Estates Resident AGENDA I.'I'EIvI~. DEC 1 6 2003 .4. I, q RECEIVED AUG 2 2002 TO: Mr. Fred Reischl Planning Services Dept. 2800 N. Horseshoe Drive Naples, FL 34104 RE: Petition # CU-2002-AR-2354 Dear Mr. Reischl, I am writing today to voice my opposition to the request for property rezoning by the Faith Community Church located at 6455 22~a Ave, NW. My understanding is that the church intends to add a child day care and pre-school. My concern is that this will only add more traffic to Oakes Blvd., which is already over burdened. Please recommend that the rezoning request be denied when the time comes. Thank you very much. Sincerely, Oakes Estates Resident DEC 1 8 20[}3 TO: Mr. Fred Reischl Planning Services Dept. 2800 N. Horseshoe Drive Naples, FL 34104 RE: Petition # CU-2002-AR-2354 Dear Mr. Reischl, I am writing today to voice my opposition to the request for property rezoning by the _.Faith Community Church located at 6455 22~a Ave, NW. My understanding is that the church intends to add a child day care and pre-school- My concern is that this will only add more traffic to Oakes Blvd., which is already over burdened. Please recommend that the rezoning request be denied when the time comes. Thank you very much- Sincerely, Oakes Estates Resident I]EC 1 6 2003 RESOLUTION 03- A RESOLUTION PROVIDING FOR THE ESTABLISHMENT OF CONDITIONAL USES "3" AND "4" IN THE "E" ESTATES ZONING DISTRICT PURSUANT TO SECTION 2.2.3.3 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE FOR PROPERTY LOCATED IN SECTION 29, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. V~rHEREAS, the Legislature ot the State of Florida in Chapter 67-1246, Laws of Florida, and Chapter 125, Florida Statutes, has conferred on Collier County the power to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public; and WI-IEREAS, the County pursuant thereto has adopted a Land Development Code (Ordinance No. 91-102) which includes a Comprehensive Zoning Ordinance establishing regulations for the zoning of particular geographic divisions of the County, among which is the granting of Conditional Uses; and WHEREAS, the Collier County Planning Commission, being the duly appointed and constituted planning board for the area hereby affected, has held a public hearing after notice as in said regulations made and provided, and has considered the advisability of Conditional Uses "3" and "4" of Section 2.2.3.3 in an "E" Estates Zone for a Child Care and Pre-School on the property hereinafter described, ~l~ and has found as a matter of fact (Exhibit "A") that satisfactory provision and arrangement have been made concem!ng all applicable matters required by said regulations and in accordance with Subsection 2.7.4.4 of the Land Development Code for the Collier County Planning Commission; and WHEREAS, all interested parties have been given opportunity to be heard by this Board in a public meeting assembled and the Board having considered all matters presented. NOW, THEREFORE, BE IT RESOLVED BY the Board of Zoning Appeals of Collier County, Florida that: The petition filed by William Hoover of Hoover Planning & Developemnt representing with respect to the property hereinafter described as: Exhibit "B" which is attached hereto and incorporated by reference herein be and the same is hereby approved for Conditional Uses "3" and "4" of Section 2.2.3.3 of the "E" Estates Zoning District for a Child Care and Pre-School in accordance with the Conceptual Master Plan (Exhibit "C") and subject to the following conditions: Exhibit "D" which is attached hereto and incorporated by reference herein. BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this AGENDA ITEM DEC 1 6 2003 This Resolution adopted a~ter motion, second and majority vote. Done this .... day of ,2003. BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA BY: TOM HENNING, CHAIRMAN ATTEST: DWIGHT E. BROCK, Clerk Approved as to Form and Legal Sutficiency: Ma~jorie M. Student Assistant County Attorney CU .2002-AR-2354/FR/sP AC_~=.h~)A !~ DEC 1 6 2003 FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-2002-AR-2354 The following facts are found: 1. Section 2.2.3.3.3 and Section 2.2.3.3.4 of the Land Development Code authorized the conditional uses. ,2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: Consistency with the Land Development Code and Growth Management Plan: Yes ( No Bo Ingress and egress to Property and proposed structures thereon with particular reference to automotive and. pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egress Yes ~// No Co Affects neighboring properties in relation to noise, glare, economic or odor effects: No affect or V~Affect mitigated by __ Affect cannot be mitigated D. Compatibility with adjacent properties and other property in th', Compatible use within district Yes ~//''' No Based on the above findings, this conditional us (c~ (should not) be recommended for approval. DATE: 19 "~"7' 0 ~ CHAIRMAN: EXHIBIT "A" DEC 1 6 2003 EXHIBIT "A " OR: 2381 PG: 0258 PARCEL ONE: Tracts 15 and 16, Golden Gn.te Estates Unit 97, according to the plat thereof recorded in Plat Book 7, Pagez 95 and 96, of the Public Records of Collier County, Florida. ~lX~ the Easterly 600 feet thereof. PARCEI~ TWO: Thc Easterly 600 feet of Tract 15, Cyoldcn Gate Estat~ U~it 97, according to the plat thereof recorded in Plat Book 7, Pages 95 and 96, of the Public Re. cards of Collier County, Florida, ~ the Easl~rly 300 feet thereof. Exhibit "B" AG~,~)A ITEM DEC I 6 2003 Exhibit "C" CU-2002-AR-2354 CONDITIONS Site Development Plan approval is required prior to Phase Two of the pre-school or childcare facility. The Site Development Plan shall include the following: ao Turn lanes shall be provided by the petitioner at the petitioner's cost, at the intersection of 22nd Avenue NW and Oakes Boulevard. The turn lanes provided shall be a northbound left-turn lane, a southbound right-turn lane, and an eastbound right-turn lane. The turn lanes shall be shown on the Site Development Plan for Phase Two of the pre-school or childcare facility. b. The Site Development Plan shall indicate signage and pavement striping. c. The Site Development P'lan shall indicate a sidewalk, to be constructed within the 22nd Avenue NW access easement, in front of the church. do Fifteen-foot Type "B" buffers are required along all north and east property lines; and a landscape area, a minimum of 10 feet in width, shall be provided in front of all buildings. eo A fence or wall along 22 Avenue NW shall be indicated on the Site Development Plan, pursuant to Subsection 2.6.11.4.2 of the Land Development Code. Parking areas adjacent to the north and east property lines shall be set back 50 feet and shall be buffered by a wall, six feet in height, constructed of decorative concrete block or pre-cast masonry material, with landscaping, six feet in width, outside the wall. As an alternative to a wall, parking areas shall be set back 50 feet from the north and east property lines and that area shall be planted with vegetation which provides a 100 percent visual screen from the ground to a height of six feet. go Terminal landscape islands with trees, and landscape islands with trees every 10 parking spaces, shall be required for grassed parking areas. Curbing for these landscape islands is required and may be constructed of pressure-treated wood. The use as a school is limited to pre-school through kindergarten. The number of parking spaces for the school use shall be in accordance with Division 2.3 of the LDC. The required parking area for the school shall be paved. EXHIBIT "D" The childcare and preschool uses shall occur in two phases. Phase One shall be limited to a maximum of 65 children/students. Phase Two shall be limited to a maximum of 120 children/students. Phase Two shall commence only upon the completion of construction of the segment of Livingston Road from Vanderbilt Beach Road to Immokalee Road; and the completion of construction of the segment of Logan Boulevard from Vanderbilt Beach Road to Immokalee Road; and the completion of construction of the segment of Collier Boulevard from Vanderbilt Beach Road to Immokalee Road. EXHIBIT "D" EXECUTIVE SUMMARY PUBLIC HEARING FOR THE 2003 CYCLE 2 GROWTH MANAGEMENT PLAN AMENDMENTS. (Adoption Hearing) OBJECTIVE: For the Board of County Commissioners to review the 2003 cycle 2 amendments to the Collier County Growth Management Plan and consider adopting, adopting with changes, or not adopting, said amendments. CONSIDERATIONS: · Chapter 163, F.S., provides for an amendment process for a local government's adopted Growth Management Plan (GMP). · Resolution 97-431, as amended, provides for a public petition process to amend the Collier County GMP. · The 2003 cycle 2 amendments include six County-initiated amendment petitions; there are no private sector-initiated amendments in this cycle. · The Collier County Planning Commission (CCPC), sitting as the "local planning agency" under Chapter 163.3174, F.S., held their Transmittal hearing on July 18, 2003. The BCC held their Transmittal hearing on July 29, 2003. The Transmittal hearing recommendations of both the CCPC and BCC are contained in the CCPC adoption hearing Staff Report. · The Objections, Recommendations and Comments (ORC) Report from the Florida Department of Community Affairs (DCA), dated October 13, 2003, contained several objections, recommendations and comments relative to petition CPSP-2003-8, transportation concurrency management, and a comment relative to petition CPSP-2003-6, manatee protection plan. The ORC Report is contained in the back-up materials. · Staff's response to the ORC Report is contained in the CCPC Staff Report and in a document referenced in that Staff Report ("CPSP-2003-8 Staff Response to Florida Department of Community Affairs' Objections, Recommendations & Comments Report"). · All six petitions have been modified since Transmittal hearings, as noted in this Summary. · The CCPC held their Adoption hearing on December 4, 2003. · This Adoption hearing considers amendments to the following Elements of the Plan: 0 Future Land Use Element (FLUE) and Future Land Use Map (FLUM) and Map Series 0 Golden Gate Area Master Plan (GGAMP) 0 Immo.k:r-,~, Area Master Plan (lAMP) 0 Recr¢ ...... ~d Open Space Element (ROSE) © Conservation and Coastal Management Element (CCME) 0 Transportation Element (TE) 0 Capital Improvement Element (CIE) O New Economic Element (EE) · The underlying text of the FLUE, GGAMP and CIE, and the FLUM, has been modified since Transmittal hearings so as to reflect the 2002 cycle of GMP amendments. These previously adopted amendments were found "in compliance" with Florida Statutes by DCA and no Challenges were filed; as a result, these amendments are now in effect. DEC 1 6 2003 FISCAL IMPACT: There are fiscal impacts to Collier County as a result of some of these amendments to the Growth Management Plan. Specifically: 1 ) Petition CPSP-2003-4 will require future amendments to the Future Land Use Map as the School Board acquires new sites for future schools and support facilities. Existing staff resources will be used to prepare the amendments but legal advertising costs, or a portion thereof, will come from general revenue funds. [Total legal ad costs are in excess of $16,000 for the required four public hearings. However, GMP amendments are processed in a cycle typically containing several petitions that would share those advertising costs. Accordingly, it is anticipated that the cost to taxpayers would be far less than the $16,000+.] 2) Petition CPSP-2003-5 will require the development of parks plans for neighborhood, community and regional parks; will require acquisition of land for these parks; and, will require desi.rm and construction of these parks. However, development of community and regional parks is already a GMP requirement based upon adopted Level of Service Standards. It is presumed that existing staff resources will be utilized to prepare parks plans, and that impact fees will be utilized for the capital expenditures for site acquisition and parks development for community and regional parks. Land acquisition and development for neighborhood parks is paid for by ad valorem taxes. 3) Also, some of these GMP amendments will require subsequent Land Development Code amendments; these will be prepared using existing staff resources. GROWTH MANAGEMENT IMPACT: This is an Adoption public hearing for the 2003 cycle 2 amendments to the Collier County Growth Management Plan. The Florida Department of Community Affairs (DCA) will have 45 days to review the adopted Plan amendments for compliance with Chapter 163, F.S. and Rule 9J-5 F.A.C., and to file a "Notice of Intent" to find the amendments "in compliance" or not "in compliance." If determined to be "in compliance", and timely challenge to that determination is not filed by an affected party within 21 days, then the amendments will become effective. ENVIRONMENTAL ISSUES: No particular issues have been identified relative to protected plant or animal species, groundwater resources, or soils. Prior to development, subsequent development order approvals must be obtained (e.g. rezoning, subdivision plat and/or site development plan); these development orders would be reviewed for compliance with various environmental protection standards contained in the Land Development Code. Also, as applicable, subsequent development orders are subject to review for compliance with state and federal environmental protection regulations. HISTORICAL/ARCHAEOLOGICAL IMPACT: None of these amendments to the GMP contain lands identified as being in areas of historical or archaeological probability. COMPREHENSIVE PLANNING STAFF RECOMMENDATION: Adopt the 2003 cycle 2 GMP amendments as modified since Transmittal hearings, as reflected in the CCPC Staff Report and in Exhibit "A" to the adoption ordinance. EAC RECOMMENDATION: Growth Management Plan amendments such as these (routine cycle amendments) are not reviewed by the EAC. CCPC RECOMMENDATION: The Collier County Planning Commission held their required public hearing on December 4, 2003. Due to deadline requirements, this Executive Summary was prepared prior to the CCPC hearing. Accordingly, the CCPC recommendations will be presented at the BCC hearing. AGENOA DEC 1 6 2003 PETITION CPSP-2003-4 1. Amending the Future Land Use Element (FLUE) to add a new policy referencing the two Interlocal Agreements adopted in May 2003 by the Collier County School Board and the Board of County Commissioners; referencing the Future Land Use Map (FLUM) Series depicting existing and future school sites and school support facilities; referencing a map of existing school and school support facilities in the FLUE support document; and, identifying zoning districts which allow and which do not allow school and school support facilities. 2. Amending the FLUM Series to add new maps depicting sites upon which schools and school support facilities are located, and depicting undeveloped sites for future schools and school sur-h)ort facilities. 3. Amending the Intergovernmental Coordination Element (ICE) to refer to the two Interlocal Agreements adopted in May 2003 between the Collier County School Board and the Board of County Commissioners and to cross-reference the FLUE and ICE policies and FLUM Series. 4. Amending the Golden Gate Area Master Plan to reference the two Interlocal Agreements adopted in May 2003 between the Collier County School Board and the Board of County Commissioners and to cross-reference the FLUE and ICE policies and FLUM Series. 5. Amending the Immokalee Area Master Plan to reference the two Interlocal Agreements adopted in May 2003 between the Collier County School Board and Board of County Commissioners and to cross-reference the FLUD and ICE policies and FLUM Series. [coordinator: David Weeks] Petition CPSP-2003-4 has been modified regarding notice procedures when the School Board intends to acquire land for a future school or support facility, and to recognize that the means by which land uses are allowed within the Rural Lands Stewardship Area Overlay are different from lands outside of the Overlay, as pertains to schools and support facilities. The proposed changes are reflected in the CCPC Staff Report. PETITION CPSP-2003-5 Petition requesting amendments to the Future Land Use Element and Future Land Use Map, and the Recreation and Open Space Element, in order to incorporate the recommendations of the Community Character/Smart Growth Advisory Committee, including establishment of the Residential Mixed Use Neighborhood Subdistrict and Commercial Mixed Use Subdistrict - both providing for mixed use residential/commercial development; adding specific provision for mixed use residential/commercial development within the Mixed Use Activity Center Subdistrict; and, adopting goals, objectives and policies specific to developing neighborhood, community and regional park systems. [Coordinator: John David Moss/David Weeks]. Petition CPSP-2003-5 has been substantially modified since Transmittal hearings to provide clarity and ease in implementation. The proposed changes are reflected in the CCPC Staff Report. PETITION CPSP-2003-6 Petition requesting the adoption of the County Manatee Protection Plan (MPP) and the amendment of the goals, objectives and policies of the Conservation and Coastal Management Element and the Future Land Use Element to establish the Manatee Protection Plan (MPP). [Coordinator: Darren Murphy] DEC 1 6 2003I J Petition CPSP-2003-6 has been modified slightly since Transmittal hearings to correct a policy reference. The proposed changes are reflected in the CCPC Staff Report. PETITION CPSP-2003-7 Petition requesting the adoption of a new Economic Development Element including goals, objectives and policies to the Growth Management Plan. [Coordinator: John David Moss & Randy Cohen]. Petition CPSP-2003-7 has been modified slightly since 'r'ransmittal hearings to delete specific reference to the Tourist Development Council. Other such specific entity references were deleted at the Transmittal hearings but this reference was inadvertently not removed. The proposed changes are reflected in the CCPC Staff Report. PETITION CPSP-2003-8 Petition requesting amendments to the Capital Improvement Element (CIE), Transportation Element, and Future Land Use Element to revise Transportation Concurrency Management policies to establish a real time checkbook concurrency management system; to establish two (2) Transportation Concurrency Management Areas (TCMA), and to adopt a Map of the proposed TCMA within the Urban Designated Area on the Future Land Use Map (FLUM); to establish a Transportation Concurrency Exception Area (TCEA), and to adopt a Map of the proposed TCEA within the Urban Designated Area on the FLUM; and to add policies providing for fairshare developer contributions, to the Multimodal Transportation Work Program of a TCMA when directly impacting a deficient road segment. [Coordinator: Stan Litsinger] Petition CPSP-2003-8 has been modified since Transmittal hearings in response to the ORC Report. The proposed changes, and support for those changes, are reflected in Attachment "A", CPSP-2003-8 Staff Response to Florida Department of Community Affairs' Objections, Recommendations & Comments Report. PETITION CPSP-2003-9 Petition requesting change to Overlays and Special Features of the Land Use Designation Description Section of the Future Land Use Element, and revisions to the Future Land Use Map, to amend certain noise contours to correlate with the noise contours previously changed by a Land Development Code (LDC) amendment adopted on June 14, 2000, and an LDC amendment scheduled for adoption in January 2004. [Coordinator: Marcia Kendall]. Petition CPSP-2003-9 has been modified slightly since Transmittal hearings to further adjust the noise contours depicted on the Future Land Use Map. Though not easily discernable, the proposed changes are reflected on the Future Land Use Map attached as Exhibit "A" to the adoption ordinance. RECOMMENDATION: That the Board of County Commissioners adopt, or adopt with changes, and transmit to DCA and other required agencies, or not adopt, the 2003 cycle 2 Growth Management Plan amendments (CPSP-2003-4, -5, -6, -7, -8 and -9), as noted above and as recommended by the CCPC. DEC 1 6 2003 PC. // PREPARED BY: DAVID WEEKS, AICP CHIEF PLANNER COMPREHENSIVE PLANNING DEPARTMENT REVIEWED BY: ~ ,~ DATE: ~-l-d~ ~-TAN LITSINC__~5'R, AICF:'''~ DIRECTOR COMPREHENSIVE PLANNING DEPARTMENT APPROVED BY: // :J ~;EPH K. S~HI~ITT (' /COMMUNITY DEVELOPMENT & ? ENVIRONMENTAL SERVICES DIVISION EX SUM Adoption 2003 cycle II G, Comp, Comp Plan Amendments, 2003 cycle GMP Am dw/11-26-03 AGENDA BEC 1 NOTE' The back-up material for this Executive Summary is abbreviated (due to the tremendous volume of materials, the size of some maps/plans, and the color copy of some documents which do not photocopy well in black and white). The complete back-up material for these Growth Management Plan amendments will be provided to the BCC approximately one week prior to the Dec. 16 hearing. The complete back-up material for these Growth Management Plan amendments is available for review, Monday through Friday, between the hours of 8:00 a.m. and 5:00 p.m., in the Comprehensive Planning Department, located in the Collier County Development Services Center at 2800 North Horseshoe Drive (phone: 239-403-2400). Also, on December 4, the day of the Board of County Commissioners' public hearing on these amendments, the complete back-up material will be available for review in the hallway outside the BCC Meeting Room, 3rd Floor, W. Harmon Turner Administration Building, at the Collier County Government Center, 3301 East Tamiami Trail. ~A tTEM /~ DEC 1 6 2003 p~._ ~-: __. STAFF REPORT COLLIER COUNTY PLANNING COMMISSION FROM: HEARING DATE: SUBJECT: ELEMENTS: COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION COMPREHENSIVE PLANNING DEPARTMENT December4,2003 2003 CYCLE 2 GROWTH MANAGEMENT PLAN AMENDMENTS, PETITION NUMBERS: CPSP-2003-4, CPSP-2003-5, CPSP-2003-6, CPSP-2003-7, CPSP- 2003-8, CPSP-2003-9 (Adoption Hearing) FUTURE LAND USE ELEMENT (FLUE) AND FUTURE LAND USE MAP AND MAP SERIES, GOLDEN GATE AREA MASTER PLAN (GGAMP), IMMOKALEE AREA MASTER PLAN (lAMP), CAPITAL IMPROVEMENT ELEMENT, RECREATION AND OPEN SPACE ELEMENT, CONSERVATION AND COASTAL MANAGEMENT ELEMENT, TRANSPORTATION ELEMENT, AND NEW ECONOMIC ELEMENT Transmittal hearings on these amendments were held on July 17, 2003 (CCPC) and on July 29, 2003 (BCC). The resp., ive Transmittal recommendations/actions are presented below, under each petition. FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS ORC REPORT: I. In their ORC (Objections, Recommendations and Comments) Report, prepared in response to review of the Transmitted GMP amendments, the Florida Department of Community Affairs (DCA) raised one comment in regards to the Collier County Manatee Protection Plan (CCMPP), petition CPSP-2003-6. This comment was based upon the fact that the CCMPP is dated and the data and analysis upon which it is based may not represent the best available data. The DCA comments, with accompanying recommendations are: 'We would encourage the County to update the plan as part of the forthcoming evaluation and appraisal report and the EAR-based amendment process by incorporating new data and, if necessary, revising the guidelines in the manatee protection plan, accordingly." II. DCA had several objections, recommendations and comments regarding petition CPSP-2003- 8, transportation concurrency management. Please see the attached ORC Report. STAFF RESPONSE TO ORC REPORT: I. The above comment relative to petition CPSP-2003-8 has been taken into consideration, and the County's Environmental Services Department (ESD) has already set-up the Collier County Manatee Protection Stakeholder group as a means of updating the CCMPP's policies and accompanying data and analysis. However, due to the nature and complexity of collecting data on dispersed manatee populations within the jurisdictional waters of this County, alon~ i Words underlined are added; words struck t,hrcu;h are deleted. Words double underlined are add~; ~ double ~ are deleted- both since Transrr the vast amount of data under rigorous scientific standards, the staff of the ESD, at this time, are unable to provide the updated CCMPP as part of the forthcoming evaluation and appraisal report. Nonetheless, ESD staff fully !ntend on updating the CCMPP when the best available data is assessed. II. Relative to petition CPSP-2003-8, please refer to attached document titled "CPSP-2003-8 STAFF RESPONSE TO FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS' OBJECTIONS RECOMMENDATIONS & COMMENTS REPORT". PROPOSED AMENDMENTS A. PETITION CPSP-2003-4 1. Amending the Future Land Use Element (FLUE) to add a new policy referencing the two Interlocal Agreements adopted in May 2003 by the Collier County School Board and the Board of County Commissioners; referencing the Future Land Use Map (FLUM) Series depicting existing and future school sites and school support facilities; referencing a map of existing school and school support facilities in the FLUE support document; and, identifying zoning districts which allow and which do not allow school and school support facilities. 2. Amending the FLUM Series to add new maps depicting sites upon which schools and school support facilities are located, and depicting undeveloped sites for future schools and school support facilities. 3. Amending the Intergovernmental Coordination Element (ICE) to refer to the two Interlocal Agreements adopted in May 2003 between the Collier County School Board and the Board of County Commissioners and to cross-reference the FLUE and ICE policies and FLUM Series. 4. Amending the Golden Gate Area Master Plan to reference the two Interlocal Agreements adopted in May 2003 b~tween the Collier County School Board and the Board of County Commissioners an( :.. cross-reference the FLUE and ICE policies and FLUM Series. 5. Amending the Immokalee Area Master Plan to reference the two Interlocal Agreements adopted in May 2003 between the Collier County School Board and Board of County Commissioners and to cross-reference the FLUE and ICE policies and FLUM Series. [Coordinator: David Weeks] TRANSMITTAL HEARING: STAFF AND CCPC RECOMMENDATIONS, and COMMENTS: Staff recommended the map titled "Existing Sites for Future Public Educational Plants and Ancillary Plants be modified to add one site inadvertently omitted (site EE located in Golden Gate Estates), and to add a legend and modify map symbols so as to distinguish between educational plant sites and ancillary plant sites. By vote of 6/0, the CCPC recommended the BCC Transmit the petition to the Florida Department of Community Affairs as recommended by staff, subject to modification of FLUE Policy 5.14d., as noted below. The CCPC was concerned that there was insufficient notice provided to the public prior to site acquisition for the location of new schools and support facilities, therefore insufficient opportunity for the public to participate in the site selection process. A representative of the Collier County School Board was in attendance to answer questions and to support the petition. TRANSMITTAL HEARING: BCC ACTION: The Board of County Commissioners approved (vote: 5/0) Transmittal of this petition to DCA, per the CCPC and staff recommendations, with the addition of one sentence, noted below. The amendment, as approved for Transmittal by BCC, is shown ~, below. --- '~C,E.l~.lTrd~l/~ Words underlined ~e added; words struck thrcugh are deleted. , r- Word dou ¢ =deanna daaa; word, doubl da¢ ¢d - boa ,i.c¢ mgE' ! iOOY Subsequent to Transmittal hearings, two changes have been proposed by staff: 1) provide for an exception for lands within _the Rural Lands Stewardship Area as the base standards for that area are different for other "A"-zoned properties; and, 2) change the pre-site acquisition notice procedure from a County requirement to a School Board requirement. These changes are reflected below and are found in Exhibit "A" to the Ordinance. BCC Transmittal version: #1. NEW POLICY 5.14 [page 19] Policy 5.14 Public educational plants and ancillary plants: Future sites for public educational plants and ancillary plants: As additional sites for educational plants and ancillary plants are acquired by the Collier County School Board and deemed to be consistent with the FLUE, GGAMP, or lAMP, as applicable, and allowed by existin.q zoninq on the site, these sites will be added to the Future Land Use Map Series, as provided for in the two Interlocal Aqreements adopted in accordance with Sections 163.3177(6)(h) and 163.31777, F.S., on May 15, 2003 by the Collier County School Board and on May 27, 2003 by the Board of County Commissioners. Future development of these sites will be subject to the provisions of the two Interlocal Aqreements, and subiect to the implementinq land development requlations to be adopted. [this next sentence added by CCPC -->] Durin.q the consistency review process prior to site acquisition, as set forth in the, Intertocal Aqreements, Collier County will provide notification to impacted property owners. [this next sentence added by BCC --->] All public commentary received as a result of these notices will be provided to the Collier County School Board. Staff-recommended Adoption version: #1. NEW POLICY 5.14 [page 19] Policy 5.14 Public educational plants and ancillary plants: Future sites for public educational plants and ancillary plants: As additional sites for educational plants and ancillary plants are. acquired by the Collier County School Board and deemed to be consistent with the FLUE, GGAMP, or lAMP, as applicable, and allowed by existinq zonin.q on the site, these sites will be added to the Future Land Use Map Series, as provided for in the two Interlocal Aqreements adopted in accordance with Sections 163.3177(6)(h) and 163.31777, F.S., on May 15, 2003 by the Collier County School Board and on May 27, 2003 by the Board of County Commissioners. Future development of these sites will be subject to the provisions of the two Interlocal Aqreements, and subject to the implementinq land development re.qulations to be adopted. Dur!~q ~- ..... ~ ......... I .... ~. ......~ ~rior to site acquisition, ~ ~ ~- !~ ~ '~-"-,-~ ~ ~ ........................ ^..q:oemontc, the Collier County School District will provide notification to ~ adjacent property owners. At the public hearing to consider the land acquisition. A.__~all public commentary received as a result of these notices will be provided to the Collier County School Board. Zoninq district provisions for future educational plants: Except to the extent that such would be in conflict with the Rural Frinqe Mixed Use District adopted on June 19, 2002, or the Rural Lands Stewardship Area Overlay adopted on October 22. 2002, all future ed~ shall be allowed in zoninq districts as follows: Words underlined are added; words stpacl: '~ ..... ~' are deleted. Words double underlined are added; words double ~ are deleted - both since Transm (1) Educational plants are prohibited in the Residential Tourist (RT), Golf Course (GC), Conservation (CON), Travel Trailer Recreational Vehicle Camp.qround (TTRVC), Business Park (BP,), and Industrial (I) zoninq districts. (2) Educational plants are permitted by right in alt other zoninq districts. However, for a hi.qh school facility to be located in any residential zoninq district or residential component of a PUD, a formal compatibility review and determination is required, as set forth in the Interlocal Aqreements adopted in accordance with Sections 163.3177(6)(h) and 163.31777, F.S., on May 15, 2003 by the Collier County School Board and on May 27, 2003 by the Board of County Commissioners. Zoninq district provisions for future ancillary plants: Except to the extent that such would be in conflict with the Rural Frinqe Mixed Use District adopted on June 19, 2002, or the Rural Lands Stewardship Area Overlay adopted on October 22. 2002, all future ancillary, r)lants shall be allowed in zoninq districts as follows: (1) Ancillary plants are prohibited in the Residential Sinqle Family (RSF-1 throuqh RSF-6), Mobile Home (MH), Travel Trailer Recreational Vehicle Camp.qround (TTRVC), Golf Course (GC), and Conservation (CON) zonin.q districts. (2) Ancillary plants are permitted by ri.qht in the General Commercial (C-4), Heavy Commercial (C-5), and Industrial (I) zoninq districts. (3) Ancillary plants are permitted by conditional use approval in all other zoninq districts. PROPOSED AMENDMENTS B. PETITION CPSP-2003-5 Petition requesting amendments to the Future Land Use Element and Future Land Use Map, and the Recreation and Open Space Element, in order to incorporate the recommendations of the Community Character/Smart Growth Advisory Committee, including establishment of the Residential Mixed Use Neighborhood Subdistrict and Commercial Mixed Use Subdistrict - both providing for mixed use residential/commercial development; adding specific provision for mixed use residential/commercial development within the Mixed Use Activity Center Subdistrict; and, adopting goals, objectives and policies specific to developing neighborhood, community and regional park systems. [Coordinators: John David Moss and David Weeks] TRANSMITTAL HEARING: STAFF AND CCPC RECOMMENDATIONS, and COMMENTS: By vote of 4/1 (Richardson opposed), the CCPC recommended that BCC not Transmit the petition to the Florida Department of Community Affairs at this time. The CCPC was concerned that there were still too many issues yet to be resolved, as evidenced by the Staff Report and their own questions. The CCPC suggested staff and the Community Character/Smart Growth Committee resolve the issues and refine the language then bring it back for consideration at some future date. There were three speakers. One person spoke in favor of the petition and stated existing mixed- use provisions in the GMP are not working, and that a combination of mandates and incentives are needed. Two speakers recommended fewer mandates; one suggested more encouragement language, the other stated mandates ignore what the market will support. TRANSMITTAL HEARING: BCC ACTION: The Board of County Commissioners approved Transmittal of this petition to DCA, 5/0, per staff recommendations, which was to transmit, then finalize language prior to Adoption. Staff and the Community Character/Smart Growth Advisory Committee have since amended the Transmitted language, as shown below, and reflected in Exhibit "A" to the Ordinance. Following the recommended language is staff's explanation and rationale for the proposed changes. AGENDA ITE ~1~ Words underlined are added; words s+mck thrcugh are deleted. Words double underlined are added; words double st:cci: :k,"au.;,"'. are deleted - both since Transmitt FUTURE LAND USE ELEMENT CPSP-2003-5 Staff and Community Cha [acter/Smart Growth Advisory Committee-recommended Adoption version: [NOT to adopt the Transmitted Goals 2 and 3 and subsequent Objectives and Policies] '3. t'W"~l I lCD P?~,llklW BI A[llkllklt'~_ ECE?'%D'I'O OHAI I DEI'~O/'2-klI"~E TUE %IADIAI'It'~I~J DIIII r"'~l[kl/"3_l~! AI~.IF'~ 1'U~ I~llrtl I/''~ ~'I~A~I'"' ~'UlII~ /~-I'""~AIAI~II'~I'T'~'IIUII31I"'ll,IEl~l"rll~.l/"~ n.'. ,m-.T,VEo a~,n p,'~, ,r.,,-e ,:.ua, ~ ~.,, v m," ^m,',, ,ch TO pR,"~ ................................. ~ ........ CC~ rOqUOSt ~ ~O,,'~,,'~,,u2lt'r' PI-~;~!~,~ ............. ~rCCCS:: ,,,;11 k~ k, u,k;~k thc!: Words underlined are added; w ..... t. ,~. ..... ~. ords ............. ~,, are deleted. Words double underlined are added; words double :.tr,:'z]: :hrzugh are deleted - both since Trans ............. .~ .............................. ~ ........... .., ................. , ........ rc.qd: to /-..lle?/'N[~,qr'[~/N/"Nkl%lr~'klirlklfN~' A"l'"'t'IE3A/'~'IlI%l~ flllOI Ifq' ~nAf'~r'o Aklr'~ A rNlTIr'r)~ AGENDA ITrrrj~ Words underlined are added; words str'.:ck through are deleted. Words double underlined are added; words double ~ are deleted - both since Trans maior corridors to cen'.'crt ts mixcd usc nciqhbsrhood ccntcrs. town ccntcrs, which shall cons!der: ,,,,ow.n-, ........................ .... ~., ..... ~.~.~, as reduce tra'.'cl on roadways. ~ ~ ............... nc crhocd ~-.,I,.-, dc'.'c!c?mcnt +u~, !nc!udsc !ntcrccnncct!'.'!t',' cf scmmcrs!c! dc'.'c!c;msnt with rsc!dcnt!a! arcsc, Words underlined are added; words struck through are deleted. Words double ~jnderlined are added; words double ~ are deleted - both since Tr DEC i,5 2003 Urban - Mixed Use District 7. -r..,,~.',.',~,,,~ ~,,.-,~ks~,~,~,,.,,.,,~ n,,o.',,,., Residential Mixed Use Neiqhborhood ~ Subdistrict [page 25] The purpose of this provision subdistrict is to encourage tho dovo!opmcnt of Traditional TND$ ~A;.,~.~ ,,~ ~,,~;,~.^.~.~ ,"^~* ...... *..~;~,,,, human-scaled, pedestrian-oriented, interconnected residential neighborhood projects that i_nclude -~re conic:cd crcund ~ '.'illcgc g;ccn '.':!th a mix of commercial uses; includ!n?; rotc!!, cfi!cc, end civic amenities_, and institutional uses that complement each other. The purpose of the commercial component is to provide retail, office and personal service uses to serve the needs of the subject neighborhood and surrounding residential neighborhoods where there is no existing nearby opportunity for those commercial needs to be met. Within the commercial component, mixed use residential/commercial is allowed. The commercial component may be located internal to the proiect or along the boundary; if externally located, frontage and access should be restricted so as not to promote strip commercial development. Rc~;'~*;~' "o'~' .... "^~ '~"~'~ ~ ....... *~;' ..... A grid pattern is usually the basis for the transportation network and typically includes interconnections for vehicles, pedestrians and bicycles. Within one year of the effective date of this subdistrict, the Land Development Code shall be amended, as necessary, to implement this subdistrict, Thc .m.~in st;cot Projects util zing this Subdistrict shall comply with the followinq standards and criteria: a. Uses in the commercial component are limited to those allowed in the C-1, C-2 and C-3 zoning districts as contained in the Collier County Land Development Code. The boundaries of the commercial component shall be no closer than Y~ mile radial distance from the boundaries of the nearest site zoned commercial, developed commercial, or designated in the Growth Management Plan for commercial uses. c. The commercial component shall be no larger than 10 acres in size and shall not exceed 80,000 square feet of gross leasable floor area. d. A maximum of one acre of land for commercial uses is allowed for each five acres of land for fo residential uses. NO single tenant in the commercial component shall exceed 15,000 square feet of gross leasable floor area. except that a grocery store or supermarket shall not exceed 45.000 square feet of gross leasable floor area. The maximum floor area ratio for commercial uses is 0.25, For freestanding residential uSeSr, acreage to be used for calculating density is exclusive of the commercial component and of any component acreage for a use with a residential equivalency. e.g. ALF-adult living facility. For properties not located in the Urban Reside '~tial FrinQer eli?,ible density shall be as allowed by the Density Rating System, or as allowe¢ Words underlined are added; words ...... v '~hrou -gh st ..... are deleted. Words double underlined are added; words double ~~ are deleted - both since Tr2 OEO ! 6 2003 ~srmtta[. residential zoning district, or as otherwise allowed by Policy 5.1. For properties located in the. Urban Residential Fringe. eligible density shall be as allowed by that Subdistrict. h. For residential uses located within the commercial component of the proiect - whether located above commercial uses in the same building, in an attached building, or in a freestandinq building - density is calculated based upon the gross proiect acreage. For properties not located in the Urban Residential Fringe, eligible density is the base density allowed by tho Density Rating System, less any reductions. For properties located in the Urban Residential Fringe, eligible density shall be as allowed by that Subdistrict. i. The proiect is encouraged to contain a grid street system so as to afford maximum opportunity for interconnections with surrounding properties and to provide multiple route alternatives j. The commercial component shall be interconnected with the residential neiqhborhood by streets, sidewalks or other pedestrian pathways, and bike lanes, unless precluded by thn existence of wetlands or other environmentally sensitive habitats. In such instance where this preclusion exists, no less than one type of interconnection shall be provided. The project shall provide street, sidewalk and bike lane interconnections with adiacent properties, where possible and practicable. I. All buildings shall be limited to five stories in height, inclusive of under building parking. m. The commercial component of the project shall be internally located with no direct access to adiacent external roadways, or the commercial component must have frontage on a road classified as an arterial or collector in the Transportation Element n. If the commercial component is not internally located, then its frontage shall be no greater than twice its depth. o. For proiects located along an arterial or collector road, the number and type of access points shall be limited, as appropriate, so as to minimize disruption of traffic flow on the adjacent arterial or collector roadway. Urban - Commercial District Commercial Mixed Use Subdistrict [new] The purpose of this subdistrict is to encouraqe the development and re-development of commercially zoned properties with a mix of residential and commercial uses. The residential uses mav be located above commercial uses, in an attached building, or in a freestanding building. Such mixed-use proiects are intended to be developed at a human-scale, pedestrian-oriented, and interconnected with adjacent proiects - whether commercial or residential. Within one year of the effective date of this subdistrict, the Land Development Code shall be amended, as necessary, to implement this subdistrict. Projects utilizing this Subdistrict shall comply with the followinq standards and criteria: 1. This subdistrict is applicable to the C-1 throuqh C-3 zoning districts, and to commercial PUDs and the commercial component of mixed use PUDs where those commercial uses are comparable to those found in the C-1 through C-3 zoning districts. 2. Commercial uses and development standards shall be in accordance with tho commercial zoning district on the subject property, Residential density is calculated based upon the gross commercial project acreage. For property in the Urban Residential Frinqe Subdistrict. density, shall be as limited by that Subdistrict. For property not within the IJrban Residential Fringe Subdistrict but within the Coastal High Hazard Area, density shall be limited to four dwelling units per acre. For property not within the [Jrban Residential Frin.qe Subdistrict and not within tho Coastal High Hazard Area, density shall be limited to sixteen dwelling units per acre, In the case of residential uses located within a buildina attached to a commercial buildinq or in the case of a freestanding residential building, building square feet and acreage devoted to residential uses shall not exceed fifty percent (50%) of the eros?, · buildinq square feet and acreage of the project. Street, sidewalk and bike lane interconnections with adjacent prope and practicable, are encouraged. Words underlined are added; words struck through are deleted. Words double underlined are added; words double ~ are deleted - both since Tr Urban - Mixed Use District Commercial Mixed Use Subdistrict [new] The purpose of this subdistrict is to encourage the development and re-development of commerciall.v zoned properties with a mix of residential and commercial uses. The residential uses may be located above commercial uses, in an attached building, or in a freestanding building, Such mixed-use projects are intended to be developed at a human-scale`, pedestrian-oriented, and interconnected with adjacent proiects - whether commercial or residential. This subdistrict is allowed in the Urban - Mixed Use District subiect to the standards and criteria set forth under the Commercial Mixed Use Subdistrict in the Urban - Commercial District Urban - Commercial District 1. Mixed Use Activity Center Subdistrict [page 41 - new 5th paragraph] For residential development, if a project is within the boundaries of a Mixed Use Activity Center which is not within the Urban Residential Fringe Subdistrict or Urban Coastal Fringe Subdistrict, up to 16 residential units per gross acre may be permitted. This density may be distributed throughout the project, including any portion located outside of the boundary of the Mixed Use Activity Center. Mixed use developments - whether consisting of residential units located above commercial uses. in an attached building, or in a freestanding building - are allowed, Such mixed-use projects arc. intended to be developed at a human-scale, pedestrian-oriented, and interconnected with adjacent projects - whether commercial or residential, Street, sidewalk and bike lane interconnections with adjacent properties, where possible and practicable, are encouraged. Density is calculated based upon the gross proiect acreage within the Activity Center. If such a proiect is located within the boundaries of a Mixed Use Activity Center which is not within the Urban Residential Fringe Subdistrict and is not within the Coastal High Hazard Area, the eligible density is sixteen dwellinq units per acre. If such a project is located within the boundaries of a Mixed Use Activity Center that is not within the Urban Residential Fringe Subdistrict but is within the Coastal High Hazard Area, the eligible density shall be limited to four dwelling units per acre. If such a project is located within the boundaries of a Mixed Use Activity Center which is within the Urban Residential Fringe Subdistrict. eligible density shall be as allowed by that Subdistrict. Policy 5.1: [page 17] All rezonings must be consistent with this Growth Management Plan. Property zoned prior to adoption of the Plan (January 10, 1989) and found to be consistent through the Zoning Re-evaluation Program are consistent with the Growth Management Plan and designated on the Future Land Use Map series as Properties Consistent by Policy. Zoning changes will be permitted to these properties, and to other properties deemed consistent with this Future Land Use Element via Policies 5.9 through 5.12, provided the amount of commercial land use, industrial land use, permitted number of dwelling units, and the overall intensity of development allowed by the new zoning district, except as allowed by Policy 5.11_. are not increased. However.. for these properties approved for commercial and residential uses, an increase in the number of dwelling units may bn permitted if accompanied by a reduction in commercial area such that the overall intensity of development allowed by the new zoninq district is not increased. Further. though an increase in overall intensity may result, for these properties approved for commercial uses, residential units may be added as provided for in the Commercial Mixed Use Subdistrict. Policy 1.1: The URBAN Future Land Use Designation shall include Future Land Use Districts and Subdistricts URBAN - MIXED USE DISTRICT 1. Urban Residential Subdistrict 2. Urban Residential Fringe Subdistrict 3. Urban Coastal Fringe Subdistrict Words underlined are added; words struck through are deleted. Words double underlined are added; words double ~ are deleted -both since Trar for: A. AC~_NDA IT~ DEC ! 6 2O03 4. Business Park Subdistrict 5. Office and Infill Commercial Subdistrict 6. PUD Neighborhood Village Center Subdistrict 7. Traditional ."!s!,ghbsrhood Dcsign Residential Mixed Use Neighborhood Confer Subdistrict 8. Orange Blossom Mixed-Use Subdistrict 9. Goodlette/Pine Ridge Commercial Infill Subdistrict 10. Vanderbilt Beach/Collier Boulevard Commercial Subdistrict 11. Henderson Creek Mixed-Use Subdistrict 12. Research and Technology Park Subdistrict 13. Buckley Mixed-Use Subdistrict 14. Commercial Mixed Use Subdistrict B. URBAN- 1. 2. 3. 4. 5. 6. 7. 8. COMMERCIAL DISTRICT Mixed Use Activity Center Subdistrict Interchange Activity Center Subdistrict Livingston/Pine Ridge Commercial Infill Subdistrict Business Park Subdistrict Research and Technology Park Subdistrict Livingston Road/Eatonwood Lane Commercial I nfill Subdistrict Livingston Road Commercial Infill Subdistrict Commercial Mixed Use Subdistrict URBAN DESIGNATION [page 21] Non-residential uses including: 12. Commercial uses subject to criteria identified in the Urban-Mixed Use District, PUD Neighborhood Village Center Subdistrict, Office and Infill Commercial Subdistrict, Traditional ~,~,-,;g~,~,-,r~,,-,,-,,4 r~,.,o;g,, ~,,~,,4~.~,.~ Residential Mixed Use Neiqhborhood ~ Subdistrict, Orange Blossom Mixed-use Subdistrict, Goodlette/Pine Ridge Commercial Infill District, ~ Buckley Mixed Use Subdistrict, Vanderbilt Beach/Collier Boulevard Commercial Subdistrict, and Commercial Mixed Use Subdistrict, and in the Urban Commercial District, Mixed Use Activity Center Subdistrict, ~ Interchange Activity Center Subdistrict, ~ Livingston/Pine Ridge Commercial Infill Subdistrict, ~ Henderson Creek Mixed Use Subdistrict, ~ Livingston Road/Eatonwood Lane Commercial Infill Subdistrict, ~ Livingston Road Commercial Infill Subdistrict, and Commercial Mixed Use Subdistrict, and in the Bayshore/Gateway Triangle Redevelopment Overlay. FUTURE LAND USE MAP SERIES See two attached maps: Future Land Use Map - Existing Future Land Use Map- Proposed: change name of "Traditional Neighborhood Design Subdistrict" to "Residential Mixed Use Neighborhood Subdistrict", and add "Commercial Mixed Use Subdistrict" under both the Urban - Mixed Use District and the Urban - Commercial District. RECREATION AND OPEN SPACE ELEMENT CPSP-2003-5 The proposed text amendments to the Recreation and Open Space Element (ROS, E) will be added after Policy 1.6.1, beginning on page 4 of the ROSE, and are as follows: [all new, beginning on page 4] Words underlined are added; words struck through are deleted, l t Words double underlined are added; words double ~,t?a.:l: t~r~,'cgh are deleted - both sincetTransr ittal. GOAL 2: THE COUNTY SHALL DEVELOP A NEIGHBORHOOD PARK SYSTEM TO PROVIDE USEABLE OPEN-SPACE TO MEET THE RECREATIONAL NEEDS OF RESIDENTS WITHIN THE COMMUNITY. Objective 2.1 By the year 2010, the County Parks and Recreation Department will develop a Neighborhood Park Plan to identify .qeneral areas where neiqhborhoods miqht request sites for future neiqhborhood Policy 2.1.1 The Parks and Recreation Department will develop a Neiqhborhood Park Plan and identify those sites or qeneral areas for neiqhborhood parks on a Neiqhborhood Park Master Plan. This Plan will be developed by the year 2010 with citizen input to determine the types of recreational facilities particular communities would like to see within their neiqhborhoods. Policy 2.1.2 The Land Development Code shall be amended to include a new definition of useable open space that will provide for an open space area to be used as a neiqhborhood park for the recreational needs of the surroundinq area. Policy 2.1.3 New neiqhborhood parks will be carefully sited and intentionally inte.qrated into existinq residential neighborhoods, and shall be desiqned accordinq to the principles of Crime Prevention Through Environmental Desiqn (CPTED). Neiqhborhood parks may also be co-located with churches, schools, or other recreational facilities. Policy 2,1.4 Investiqate the utilization of tax credits or other incentives for property owners who wish to dedicate land to the County to meet the recreational needs of neighborhood parks. Policy 2.1.5 Encourage the development communities to park sites. of sidewalks and bike lanes from the surrounding residential GOAL 3: THE COUNTY SHALE DEVELOP A COMMUNITY AND REGIONAL PARK SYSTEM TO PROVIDE USEABLE OPEN SPACE TO MEET THE RECREATIONAL NEEDS OF RESIDENTS_WITHIN THE COMMUNITY. Obiective 3,1 _.-2-.9_ By the year 2010, the Parks and Recreation Department will develop a Community and Re.qional Park Plan to provide larger parks and recreational facilities as well as dassive open space within a 15 to 20 minute drive of residents within the Grcator ."!aplss coastal and Immokalee Urban Areas and Northern Golden Gate Estates. This plan will include the identification of future community and reqional park sites (or general areas), park improvements, cost estimates, and potential fundinq sources. The principles of Crime Prevention Throuqh Environmental Desiqn (CPTED) will be inteqrated into the planning and development of the Community and Reqional Park sites. Policy 3 I I ~ '~ '~ uyD" --~'~a'~n. ~, ~-T¼a,_U ,~ Parks and Recreation Department will acquire land to meet Community and Regional Park Plan, includinq sufficient land to allow for a portic remain in passive open space. Words underlined are added; words strucl: through are deleted. Words double underlined are added; words double zt.'-:z:: t5ra'.:g5 are deleted - both since Tran Policy 3.1.2 ~ "'~,D'' .... .'~-I~, ~.T¼~...,~ Parks and-Recreation Department will desiqn and construct the new community and regional parks. Policy 3.1.3 _._-2.-2.-2.-2.-2.~._ Continue to partner with the Collier County Public Schools to co-locate ee~ parks in coniunction with new school sites as they are identified and developed. Policy 3.1.4 ~ Continue to update the parks and recreation impact fees to keep pace with increased land acquisition and development costs for community and reqional parks. Policy 3.1.5 -.--~L.-.-.-.-.-.-.~8.- Investi,qate the utilization of tax credits or other incentives for property owners who wish to dedicate land to the County to meet the recreational needs of,-^'~""'^-'-~4. v.,.._v,,.vv..,, communityf and reqional parks. Policy 3.1.6 ~ Encoura,qe the development of sidewalks and bike lanes ~ from the surroundinq residential communities to park sites. Policy 3.1.7 ~ By the year 2010, the Parks and Recreation Department and the Transportation Operations Department wilt investiqate the utilization of the existinq canal and power line easements to create a ,qreenway system throuqhout the Grcatcr ,~2p!33 coastal and Immokalee urban areas and Northern Golden Gate Estates. ,~, CPSP-2003-5 Revisions - Explanation and Rationale: The primary concern with petition CPSP-2003-5 at time of Transmittal was an overall lack of clarity as to intent and purpose, and, as a result, the inability to implement. As reflected above via double underline and double strike-through, significant revisions are proposed to the Transmitted text. The major accomplishments of these revisions are as follows: · Establish the new Residential Mixed Use Neighborhood Subdistrict (via modification of the existing Traditional Neighborhood Design Subdistrict) to promote mixed-use development; specifically, allowing residential developments to include a commercial component, and allowing residential uses within that commercial component. · Establish the Commercial Mixed Use Subdistrict to promote mixed-use development; specifically, allowing commercial development to include residential uses, e.g. residential units over commercial uses. · Modify the Mixed Use Activity Center Subdistrict to specifically allow residential uses within a commercial development, e.g. residential units over commercial uses. · Modify FLUE Policy 5.1 to allow for mixed residential/commercial development on commercial properties deemed consistent by policy that would not otherwise be allowed due to the increase in overall intensity of development. · Make several housecleaning changes necessitated by the creation of the new Subdistricts. · Propose not to adopt the Transmitted FLUE Goals 2 and 3 and subsequent objectives and policies as these were the major cause of lack of clarity and confusion as to intent and purpose. These GOPs dealt with mixed-use development, scale of development, and streetscapes. The mixed-use component has been addressed in the above revisions; a future GMP amendment will revisit the scale of development and streetscape design. Words underlined are added; words s~,r.'.ck thrc',:'F~h are deleted. Words double underlined are added; words double ~ are deleted - both since Tran: For the Residential Mixed Use Neiclhborhood Subdistrict, staff offers the below information to support the proposed criteria. As a reference source, staff used "Dollars & Cents of Shopping Centers: 1995" published-_by the Urban Land Institute. That book includes the following description: "The neighborhood shopping center provides for the sale of daily living needs - convenience goods like food, drugs, hardware, and personal services. A supermarket is the principal tenant in this type of shopping center." The book analyzed 306 neighborhood shopping centers in the U.S., 118 of which were located in the South. As to neighborhood shopping center size, all expressed in gross leasable area: national average: +65,000 s.f. South regional average: +61,000 s.f. national median' +64,000 s.f. South regional median: +61,000 s.f. National upper decile (largest 10%): +95,000 s.f. South regional upper decile: +__~89,000 s.f. Commercial uses limited to C-1 thru C-3 zoning districts as these have been historically considered to allow mostly neighborhood commercial uses. The 1/2 mile spacing criteria is based upon acceptable walking distances and to insure some level of reasonable separation between commercial areas. The proposed 80,000 s.f. is considerably larger than the average and median center size in the South region and the nation, yet is smaller than the largest centers, thereby providing some flexibility in size for the Collier County market. Using a generally accepted rule of thumb of 10,000 s.f. per acre, the 10-acre maximum size can easily accommodate the maximum 80,000 s.f. Though the 1994 Urban Area Build-out Study, Phase I, used an average of 8,500 s.f. per acre for retail uses, that is still sufficient to accommodate the 80,000 s.f. maximum proposed. The flexibility afforded by having a larger acreage figure should serve to account for site- specific circumstances that may affect a given parcel's developability, e.g. presence of wetlands that cannot be developed. The literature indicates the national median tenant size in a: eighborhood center is far less than 10,000 s.f. with only two exceptions - drug stores (9,431 s.f.) and general merchandise stores (11,770 s.f.). The proposed 15,000 s.f. figure still allows for significant variation above the median for the Collier County market. The national median for supermarkets in neighborhood shopping centers is 25,000 s.f. Staff research of four Publix stores in Collier County indicates the sizes are far larger than this national average, although these tend to be located in community shopping centers - not neighborhood centers, thus are intended to serve a larger market. (Publix is used as they are the most common supermarket in Collier County. The 4 stores: King's Lake Square shopping center on Davis Blvd. - 40,940 s.f.; Naples Lakes shopping center at Collier Blvd./Rattlesnake Hammock Rd. - 44,627 ~s.f.; Shops at Hammock Cove shopping center at US-41 East/Thomasson Drive - 44,627 s.f.; Naples Walk shopping center at Airport-Pulling Rd./Vanderbilt Beach Rd. - 51,295 s.f.) Staff believes the proposed 45,000 s.f. figure is reasonable, considering the local store size variation, the maximum center size of 80,000 s.f., and that staff is not promoting a given store chain or even a chain store at all. It is possible that the maximum store size, combined with the maximum center size, may be self-limiting such that only an independent grocery store may locate in the neighborhood center. The maximum floor area ratio of .25 (10,890 s.f./acre) is taken from the PUD Neighborhood Village Center Subdistrict, an existing FLUE provision that allows commercial uses in a residential development. For residential units located within the commercial component of a project, e.g. residential units over commercial uses, allowing the gross project acreage to be used in calculating the allowable number of dwelling units - not just the commercial component acreage - is seen as a necessary incentive. Existing mixed-use provisions (residential over commercial) have not been utilized; it is hoped that a higher density may provide the needed incentive · ~'-~ ~'~' '~ such mixed-use development. However, as each project will be viewed on a ase.~s~e ~. 1~ Words underlined ....... "'~ ..... ~ ~e ~ are added, words .............. ~,, deleted. 4 Words double underlined are added; words double ~ ~e deleted - both since Tr~s~tta ~EC ] 2003 basis via the rezone process, compatibility and/or pubic facility impact considerations may dictate that the maximum density/number of dwelling units not be granted for a given project. (The gross density wouJd be calculated at 4 DU/A, or 3 DU/A if located within the Traffic Congestion Area, or 1.5 DU/A if within the Urban Residential Fringe Subdistrict which lies east of CR-951 .) 7. Interconnections are important to the function as a truly neighborhood center, whether the commercial component be internally located or along the exterior road frontage. Though the center is not intended to serve only the immediate residential community - it is acknowledged that it will provide goods and services to a larger surrounding area and to pass-by traffic - it is intended to be designed in a pedestrian/cyclist friendly manner so as to lessen dependency upon the automobile, and to afford the opportunity to drive to the center without having to drive onto the arterial and collector road network. 8. Allowing a maximum height of 5 stories total potentially allows for a greater number of dwelling units to be located within the commercial component of the project, part of the incentive to promote such development. It also allows greater flexibility in design, and may be needed to make a project financially feasible given additional building code requirements and costs associated with certain number of building stories, e.g. elevator requirement. However, as each project will be viewed on a case by case basis via the rezone process, compatibility considerations may dictate that this maximum height not be granted for a given project. 9. The frontage/depth ratio is an effort to prevent creation of a strip commercial development, especially when combined with access limitations. For the Commercial Mixed Use Subdistrict, staff offers the proposed criteria. a. below information to support the The C-1 thru C-3 zoning districts allow the lower intensity commercial uses, and also already allow mixed residential/commercial uses as a conditional use. The C-4 and C-5 districts allow the most intense commercial uses where mixed residential/commercial may not be appropriate. b. Allowing density at 16 DU" is seen as ~pecessary incentive. Existing mixed-use provisions (residential over commer, :d) have not been utilized; it is hoped that a higher density may provide the needed incentive to bring about such mixed-use development. c. Due to recent discussions pertaining to a specific project, staff believes it appropriate to limit potential density in the Coastal High Hazard Area (CHHA). Staff intends to comprehensively review the issue of allowable residential density in the CHHA; as a result of that review, staff may propose amendments in several places in the FLUE to more consistently address allowable density in the CHHA. Potentially, this could result in a higher, or lower, density being proposed for the CHHA. d. Staff believes it appropriate to place a ceiling on the amount of residential to insure a reasonable mix of commercial and residential uses; otherwise, the poiential exists for a ludicrous ratio, e.g. 95% residential and 5% commercial. After all, this subdistrict applies to commercial properties. PROPOSED AMENDMENTS C. PETITION CPSP-2003-6 Petition requesting the adoption of the County Manatee Protection Plan (MPP) and the amendment of the goals, objectives and policies of the Conservation and Coastal Management Element and the Future Land Use Element to establish the Manatee Protection Plan (MPP). [Coordinator: Darren Murphy] TRANSMITTAL HEARING: STAFF AND CCPC RECOMMENDATIONS, and COMMENTS: At the CCPC hearing, staff recommended the marina siting criteria maps not be adopted in to the Future Land Use Element; that the CCME Objective 10.1 be modified to state the Manatee Protection Plan does restrict the location of marinas, and that it may restrict the number ¢ construction of dry storage facilities, and boat ramps (a member of the local m Words underlined are added; words s::",:'ck thrcugh are deleted. Words double underlined are added; words double ~ are deleted - both since Transmit association assisted in drafting this new text); and, that the Urban-Mixed Use District in the FLUE be modified to add informational text advising what zoning districts in the LDC allow marinas, boat yards, boat docks, boathouses and boat ramps. By vote 6/0, the CCPC recommended the BCC Transmit the petition to the Florida Department of Community Affairs as recommended by staff. One person spoke, neither for nor against, seeking clarification that the amendment does not add new regulatory requirements. Staff advised that it does not as the Manatee Protection Plan is already in existence as are implementing regulations in the Land Development Code. TRANSMITTAL HEARING: BCC ACTION: The BCC approved Transmittal of this petition to DCA 5/0, per CCPC and staff recommendations. The amendment, as approved by BCC, is found in Exhibit "A" to the Ordinance. Below is the amended language to CCME Policy 10.1, as recommended by staff. CCPC/BCC Transmittal version: MARINA SITING CRITERIA FOR ALL REMAINING COASTAL AREAS WITHIN COLLIER COUNTY CCME, Policy 7.2.3 [page 32] "In order to protect manatees, marinas shall be discouraged in designated manatee critical habitat unless other protective measures are provided. (Reference Policy 4=$.10,1.5)." PROPOSED AMENDMENTS D. PETITION CPSP-2003-7 Petition requesting the adoption of a ne~ Economic Development Element including goals, objectives and policies to the Growth Management Plan. [Coordinators: John David Moss & Randy Cohen]. TRANSMITTAL HEARING: STAFF AND CCPC RECOMMENDATIONS, and COMMENTS: By vote of 6/0, the CCPC recommended the BCC Transmit the petition to the Florida Department of Community Affairs as recommended by staff, subject to modification of Policy 1.1.5 to identify other benefits of recycling, and modification of several objectives and policies to eliminate reference to specific entities. The CCPC was concerned that identifying specific entities where policies indicate the County will support them might be construed as a requirement to support them, e.g., financially, and that indicating support of specific entities may not be appropriate when the specific programs and activities of those entities are not known and/or are beyond County control. There were no speakers. TRANSMITTAL HEARING: BCC ACTION: The BCC approved Transmittal of this petition to DCA 5/0, per CCPC and staff recommendations. The amendment, as approved by BCC, is found in Exhibit "A" to the Ordinance. Below are the amended policies and objective, as recommended. CCPC/BCC Transmittal version: POLICY 1.2.4: Collier County will support the research efforts of thc Tc'.:'r!ct Dc'.'c!cpmc~t Co'.:'~3!! 2Rd elbe; appropriate entities to accurately measure the economic impact of tourism and provide information for planning, marketin.q and manaqeme~ ~ ur .... both the private and public sectors. No. ,~.._r-~ \Vords underlined are added; words strce!,', t.hrcu~.h are deleted. DEC Words double underlined are added; words double r~ are deleted - both since Transmit d. PROPOSED AMENDMENTS E. PETITION CPSP-2003-8 Petition requesting amendments to the Capital Improvement Element (CIE), Transportation Element, and Future Land Use Element to revise Transportation Concurrency Management policies to establish a real time checkbook concurrency management system; to establish two (2) Transportation Concurrency Management Areas (TCMA), and to adopt a Map of the proposed TCMA within the Urban Designated Area on the Future Land Use Map (FLUM); to establish a Transportation Concurrency Exception Area (TCEA), and to adopt a Map of the proposed TCEA within the Urban Designated Area on the FLUM; and to add policies providing for fairshare developer contributions, to the Multimodal Transportation Work Program of a TCMA when directly impacting a deficient road segment. [Coordinator: Stan Litsinger] TRANSMITTAL HEARING: STAFF AND CCPC RECOMMENDATIONS, and COMMENTS: At the CCPC hearing, staff recommended numerous modifications, as reflected in the text below. By vote of 4/2 (Strain and Young opposed), the CCPC recommended the BCC Transmit the petition to the Florida Department of Community Affairs as recommended by staff, subject to modification of CIE Policy 1.5.3C. and D., as noted below. The CCPC was concerned that most projects would not impact roadways until close to three years after their original approval because of the time needed to obtain subsequent development order approvals and to complete actual construction, therefore a time period of less than three years was inappropriate. There were four speakers. They were in support of a three-year time frame and opposed to the one year proposed by staff, and one speaker questioned the rationale for using "85%" in Transportation Element Policy 5.8. TRANSMITTAL HEARING: BCC ACTION: The BCC ~proved Trar'4smittal of. this petition to DCA 3/2 (Coletta and Henning opposed), per CCPC ,d staff recommendations. Subsequent to Transmittal, primarily in response to the ORC Report, staff has proposed substantial revisions. These are shown in the attached document titled "CPSP-2003-8 STAFF RESPONSE TO FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS' OBJECTIONS RECOMMENDATIONS & COMMENTS REPORT" and are reflected in Exhibit "A" to the Ordinance. PROPOSED AMENDMENTS F. PETITION CPSP-2003-9 Petition requesting change to Overlays and Special Features of the Land Use Designation Description Section of the Future Land Use Element, and revisions to the Future Land Use Map, to amend certain noise contours to correlate with the noise contours previously changed by a Land Development Code (LDC) amendment adopted on June 14, 2000, and an LDC amendment scheduled for adoption in January 2004. [Coordinator: Marcia Kendall] TRANSMITTAL HEARING: STAFF AND CCPC RECOMMENDATIONS, and COMMENTS: By vote of 6/0, the CCPC recommended the BCC Transmit the petition to the Florida Department of Community Affairs as recommended by staff. TRANSMITTAL HEARING: BCC ACTION: The BCC approved Transmittal of this petition to DCA 5/0 per CCPC and staff recommendation. A letter received from the Naples Airport Authority (NAA) shortly after the Transmittal hearing(s) requested that a further change be made to the noise contour area depicted on the FLUM. The amendment, as approved for Transmittal by BCC and modified per NAA's request, is found in Exhibit "A" to the Ordinance. , ,&G£1',IDA ITEM Words underlined are added;,,vords ~'~'~'- ....... thr.o',::h are deleted. Words double underlined are added; words double ~t:",x,:l: :h:~',:'~k are deleted - both since Transmit al. - STAFF RECOMMENDATION: That the CCPC forward the 2003, cycle 2 GMP amendments (petitions CPSP-2003-4, CPSP-2003- 5, CPSP-2003-6, CPSP-2003-7, CPSP-2003-8, CPSP-2003-9) to the BCC with a recommendation to adopt - with modifications since Transmittal hearings, as noted in this Staff Report - and transmit to the Florida Department of Community Affairs. Ma c"a R. Kendall, Planner Comprehensive Planning Department Reviewed By: Approved By: , AICP, Chief Planner Comprehensive Planning Department "' Date: Stan Litsinger, AIC~ Director Comprehensive Planning Department Approved By: ~ Date: ~opmenit ai'nd Environmental Services Division COLLIER COUNTY PLANNING COMMISSION: MR. RUSSELL BUDD, CHAIRMAN 2003 cycle 2 GMP amendments - Adoption (petitions CPSP-2003-4, -5, -6, -7, -8, -9). Staff Report for December 4, 2003 CCPC hearing. NOTE: This petition has been advertised for the December 16, 2003 BCC hearing. CCPC Staff Report Adoption 2003 cycle 2 G, Comp, Comp Plan Amendments, 2003 cycle GMP Am mk-dw/11-26-03 Words underlined ace added; xvords ~truck through are deleted. Words double underl ned are added; words double ~ are deleted - both since Transmittal. AGENDA ORDINANCE NO. 03- AN ORDINANCE AMENDING ORDINANCE NO. 89-05, AS AMENDED, THE COLLIER COUNTY GROWTH MANAGEMENT PLAN FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA BY PROVIDING FOR: AMENDMENTS TO THE FUTURE LAND USE ELEMENT AND FUTURE LAND USE MAP AND MAP SERIES, THE GOLDEN GATE AREA MASTER PLAN, THE RECREATION AND OPEN SPACE ELEMENT, THE IMMOKALEE AREA MASTER PLAN; THE INTERGOVERNMENTAL COORDINATON ELEMENT, THE CAPITAL IMPROVEMENT ELEMENT, THE TRANSPORTATION ELEMENT, THE CONSERVATION AND COASTAL MANAGEMENT ELEMENT: AND THE ADDITION OF AN ECONOMIC ELEMEMT: PROVIDING FOR SEVERABILtTY AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Collier County, pursuant to Section 163.3161, et. seq., Florida Statutes, the Florida Local Government Comprehensive Planning and Land Development Regulation Act, was required to prepare and adopt a comprehensive plan; and WHEREAS. the Collier County Board of County Commissioners adopted the Collier County Growth Management Plan on January 10, 1989; and WHEREAS, Ihe Local Government Comprehensive Planning and Land Development Regulation Act of 1~85 prcvites authority for local governments to amend their respective comprehensive plans and outlines certain procedures to amend adopted comprehensive plans pursuant to Sections 163.3184 and 163.3187, Florida Statutes; and WHEREAS, staff initiated amendments to the Future L . Use Element (FLUE) to add a new policy referencing the two Inter-Focal Agreements ~,uopted in May 2003 by the Collier County School Board and the Board of County Commissioners; referencing the Future Land Use Map (FLLIM! Series depicting sites of existing and future school and school support facilities: referencing a map of existing school and school support facilities in the FLUE support documenl: and. '.dentifying what zoning districts allow or prohibit school and school support facilities: and WHEREAS, staff initiated amendments to the Future Land Use Map (FLUM) Series to add new maps depicting cites containing existing school and school support facilities, and depicting undeveloped sites for future school and school support facilities. WHEREAS, staff initiated amending the Intergovernmental Coordination Element (ICE) to reflect the two Inter-local Agreements adopted in May 2003 by the Collier County School Board and the Board of County Commissioners; and WHEREAS, staff initiated amendments to the Golden Gate Area Master Plan to reference the two Inter-local Agreements adopted in May 2003 by the Collier County School Board and the Board of County Commissioners, and to cross-reference the FLUE and ICE policies and FLUM Series: and WHEREAS, staff initiated text amendments to the Goals, Obiectives and Policies of the Future Land Use Element and the Recreation and Open Space Element to incorporate the Community Character/Smart Growth principles adopted by the Community Character/Smart Growth Advisory Committee; and WHEREAS, staff initiated the adoption of the County Manatee Protection Plan (MPP) arid amend the Goals, Objectives and Policies of both the County's Conservation and Coastal Management Element and the Future Land Use Element; and WHEREAS, staff initiated the adoption of the Goals, Obiectives and Policies of a new Economic Development Element to the Growth Management Plan; and WHEREAS, staff initiated amendments to the Capital Improvement Element (CIE), Transportation Element, and Future Land Use Element (FLUE) to revise Transportation Concurrency Management policies to establish real time checkbook concurrency; to establish two (2) Transportation Concurrency Management Areas (TCMA), and to adopt a Map of Proposed TCMA's within the Ur)an Designated Area on the Future Land Use Map (FLUM); to establish a Transportation Concurrency Exception Area (TCEA), and to adopt a Map of the proposed TCEA within the Urban Designated Area on the FLUM; and to add policies providing for Fairshare Developer Contributions to the multimodal Transportation Work Program of a TCMA when directly impacting a deficient road segment within the TCMA; and WHEREAS, staff initiated amendment to the Future Land Use Element (FLUE) Airport Noise Area Overlay, and the Future Land Use Map (FLUM) to bring into compliance noise contour changes approved by the Board of County Commissioners on June 14, 2000 via Ordinance No. 2000-43; and WHEREAS, Collier County did submit these Growth Management Plan amendments to the Department of Community Affairs for preliminary rewew on August 11, 2003: and WHEREAS, the Department of Community Affairs did review and did not make written objections to these amendments to tile Future Land Use Element, the Future Land Use Map and Map Series, the Golden Gate Area Master Plan, the Recreation and Open Space Element, the Immokalee Ama Master Plan, the Intergovernmental Coordination Element, the Capital Improvement Element. the Transportation Element, the Conservation and Coastal Management Element; and adding an Econonmc Element, to the Growth Management Plan and transmitted its findings of no objection in writing to Collier County. within the time provided by law; and WHEREAS, Collier County has 60 days from receipt of the Objections, Recommendations, and Comments Report from the Department of Community Affairs to adopt, adopt with changes or not adopt the proposed amendments to the Growth Management Plan; and WHEREAS, the Board of County Commissioners of Collier County did take action in the manner prescribed by law and did hold public hearings concerning the adoption of the Future Land Use Element, Future Land Use Map and Map Series, amendments to the Growth Management Plan on November 18, 2003; and WHEREAS, Collier County has gathered and considered additional information, data and analysis supporting adoption of these amendments, including the following: the Collier County Staff Report; the Notice of Proposed Change application; the documents entitled Collier County Growth Management Plan Amendments, and the other documents, testimony and information presented and made a part of the record at the meetings of the Collier County Planning Commission held on December 4, 2003, and the Collier County Board of County Commissioners held on December 16, 2003; and WHEREAS, all applicable substantive and procedural requirements of law have been NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY. FLORIDA, that: SECTION ONE: ADOPTION OF AMENDMENTS TO THE FUTURE LAND USE ELEMENT, FUTURE LAND USE MAP AND MAP SERIES. The Board of County Commissioners hereby adopts these amendments to the Future Land Use Element. Future Land Use Map and Map Series, the Immokalee Area Master Plan, the Potable Water Sub-Element and Sanitary Sewer Sub-Element of the Public Facilities Element, the Golden Gate Area Master Plan Element and Golden Gate Area Master Plan Future Land Use Map and Map Series, and the Capital Improvement Element, in accordance with Section 163.3184, Florida Statutes. The text and maps of the amendments are attached hereto as Exhibit "A' and are incorporated by reference herein. SECTION TWO: SEVERABILITY. If any phrase or portion of this Ordinance is held invalid or unconstitutional by any eourt 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. SECTION THREE: EFFECTIVE DATE. The effective date of these amendments shall be the date a final order is issued by the Department of Community Affairs or Administration Commission finding the amendments in compliance ~n accordance with Section 163.3184, Florida Statutes, whichever occurs earlier. No development orders, development permits, or land uses dependent on these amendments may be issued or commence before it has become effective. If a final order of noncompliance ~s issued by the Administration Commission. these amendments may nevertheless be made effective by adoption of a Resolution affirming its effective status, a copy of which Resolution shall be sent to the Department of Community Affairs, Bureau of Local Planning, 2555 Shumard Oaks Blvd., 3'd Floor. Ta!Iahassee, Florida 32399-2100. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida this ___ day of 2003. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COlVlMISSIONERS COLLIER COUNTY, FLORIDA BY: TOM HENNING Chairman Approved as to form and legal suffiency: ,~ARJORIE M. STUDENT ssistant County Attorney Adoptiorl Ordinance CPSP-2003-4, CPSP-2003 5 CP~P 2003-6 CPSP-2003 7, CPSP-2903 8, CPSP-2003-9 ' Exhibit A FUTURE LAND USE ELEMENT FUTURE LAND USE MAP SERIES CPSP-2003-4 #1. NEW POLICY 5.14 [page =1~ 19] Policy 5.14 Public educational plants and ancillary plants: Existinq public educational plants and ancillary plants: The sites containinq existinq public educational plants (schools and associated on-site facilities, includinq sports stadiums, gymnasiums and recreation areas) and ancillary plants (support facilities, includinq administrative offices, transportation facilities, maintenance yards, and bus barns) are depicted on the Future Land Use Map Series. This includes four sites where educational plants have been approved but construction either has not commenced or is not completed. More detailed descriptions or depictions of all of the sites containinq these existinq educational plants and ancillary plants are contained in the FLUE Support Document. Expansion of these educational plants and ancillary plants on these existinq sites, as well as expansions to the sites themselves, are subject to the provisions outlined in the two Interlocal Agreements adopted in accordance with Sections 163.3177(6)(h) and 163.31777, F.S., on May 15, 2003 by the Collier County School Board and on May 27, 2003 by the Board of County Commissioners. and subiect to the implementinq land development requlations to be adopted. Existinq sites for future public educational plants: The Collier County School Board has acquired numerous sites for which educational plants are planned for future development; these sites contain no existinq educational plants. Most of these sites are consistent with Iocational criteria in the FLUE, GGAMP, or lAMP, as applicable, and are allowed within the existinq zoning district on the property; these sites are depicted on the Future Land Use Map Series. As consistency is achieved for the remaininq sites, via future GMP amendments and/or zoninq amendments and/or conditional use approvals, these sites will be added to the Future Land Use Map Series. Development of the mapped sites shall be subject to the provisions of the two Interlocal Aqreements adopted in accordance with Sections 163.3177(6)(h) and 163.31777, F.S., on May 15, 2003 by the Collier County School Board and on May 27, 2003 by the Board of County Commissioners, and subiect to the implementinq land development requlations to be adopted. Existinq sites for future public ancillary plants: The Collier County School Board has acquired sites for which ancillary plants are planned for future development; these sites contain no existinq ancillary plants. Most of these sites are consistent with Iocational criteria in the FLUE, GGAMP, or lAMP, as applicable, and are allowed within the existinq zonin.q district on the property; these sites are depicted on the Future Land Use Map Series. As consistency is achieved for the remaininq sites, via future GMP amendments and/or zoninq amendments and/or conditional use approvals, these sites will be added to the Future Land Series. Development of the mapped sites shall be subiect to the provisions ol Words underlined are added; words~,.~' ~..~..~ are deleted. Words double underlined are added; words double struck through az - both since Transmittal Hearings. Use Map .... _....~, the t,cc~E~,?rc¢~ :~ Interlocal Aqreements adopted in accordance with Sections 163.3177(6)(h) and 163.31777, .F.S., on May 15, 2003 by the Collier County School Board and on May 27, 2003 by the Board of County Commissioners, and subiect to the implementinq land development requlations to be adopted. Future sites for public educational plants and ancillary plants: As additional sites for educational plants and ancillary plants are acquired by the Collier County School Board and deemed to be consistent with the FLUE, GGAMP, or lAMP, as applicable, and allowed by existinq zonin.q on the site, these sites will be added to the Future Land Use Map Series, as provided for in the two Interlocal Aqreements adopted in accordance with Sections 163.3177(6)(h) and 163.31777, F.S., on May 15, 2003 by the Collier County School Board and on May 27, 2003 by the Board of County Commissioners. Future development of these sites will be subject to the provisions of the two Interlocal Aqreements, and subject to the implementinq land development requlations to be adopted. Dur!n.q "- ..... ;~* ......... ; .... process p Prior to site acquisition, 2: cot forth !n thc !ntsr!cc~! .^.qrccmentc, the Collier County School District will provide notification to i¢~eeete4¢ adjacent property owners. At the public hearing to consider the land acquisition, ¢~all public commentary received as a result of these notices will be provided to the Collier County School Board. Zoning district provisions for future educational plants: Except to the extent that such would be in conflict with the Rural Frinqe Mixed Use District adopted on June 19, 2002, or the Rural Lands Stewardship Area Overlay adopted on October 22, 2002, all future educational plants shall be allowed in zoninq districts as follows: (1) Educational plants are prohibited in the Residential Tourist (RT), Golf Course (GC), Conservation (CON), Travel Trailer Recreational Vehicle Campqround (TTRVC), Business Park (BP), and Industrial (I) zoninq districts. (2) Educational plants are permitted by ri.qht in all other zoninq districts. However, for a hiqh school facility to be located in any residential zoninq district or residential component of a PUD, a formal compatibility review and determination is required, as set forth in the Interlocal Aqreements adopted in accordance with Sections 163.3177(6)(h) and 163.31777. F.S., on May 15, 2003 by the Collier County School Board and on May 27, 2003 by the Board of County Commissioners. Zonin.q district provisions for future ancillary plants: Except to the extent that such would be in conflict with the Rural Frinqe Mixed Use District adopted on June 19, 2002, or the Rural Lands Stewardship Area Overlay adopted on October 22, 2002, all future ancillary plants shall be allowed in zoninq districts as follows: (1) Ancillary plants are prohibited in the Residential Sinqle Family (RSF-1 throuqh RSF-6), Mobile Home (MH), Travel Trailer Recreational Vehicle Camp.qround (TTRVC), Golf Course (GC), and Conservation (CON) zonin.q districts. (2) Ancillary plants are permitted by riqht in the General Commercial (C-4), Heavy Commercial (C-5), and Industrial (I) zonin.q districts. (3) Ancillary plants are permitted by conditional use approval in all other zoninq districts. FUTURE LAND USE MAP SERIES [page ~8 110] FUTURE LAND USE MAP SERIES Future Land Use Map Words underlined are added; ~ords double underlined are added; - both since Transmittal Hearings. OEC ! ¢ 2003 words struck through are deleted. words double struck through are d--~e=leted Mixed Use & Interchange Activity Centers Properties Consistent by Policy (5.9,5.10,5.11) Natural Resources Wetlands Map Wellhead Protection Areas Bayshore/Gateway Triangle Redevelopment Overlay Map Stewardship Overlay Map Rural Lands Study Area Natural Resource Index Maps North Belle Meade Overlay Map Existinq Public Educational Plants (Schools) and Ancillary Plants (Support Facilities) Existinq Sites For Future Public Educational Plants and Ancillary Plants #3. FUTURE LAND USE MAP SERIES see two NEW Maps titled: "Existing Public Educational Plants (Schools) and Ancillary Plants (Support Facilities)" and "Existing Sites For Future Public Educational Plants and Ancillary Plants" Words underlined are added; words Words double underlined are added; - both since Transmittal Hearings. struck through are deleted. words double struck through are AGENDA iTE~ !6 20G3 i Exhibit A GOLDEN GATE AREA MASTER PLAN ELEMENT IMMOKALEE AREA MASTER PLAN ELEMENT INTERGOVERNMENTAL COORDINATION ELEMENT CPSP-2003-4 GOLDEN GATE AREA MASTER PLAN ELEMENT #1. NEW POLICY 1,1.7 [page 7] Policy 1.1.7: The sites containin.q existinq public educational plants and ancillary plants, and the undeveloped sites owned by the Collier County School Board for future public educational plants and ancillary plants, within the GGAMP area. are depicted on the Future Land Use Map Series in the countywide FLUE, and referenced in FLUE Policy 5.14 and Interqovernmental Coordination Element Policy 1.2.6. All of these sites are subiect to the two Interlocal Aqreements adopted in accordance with Sections 163.3177(6)(h) and 163.31777, F.S., on May 15, 2003 by the Collier County School Board and on May 27, 2003 by the Board of County Commissioners, and subject tn the implementinq land development re.qulations to be adopted. All future educational plants and ancillary plants shall be allowed in zoninq districts as set forth in FLUE Policy 5.14. IMMOKALEE 'A~EA MASTER PLAN ELEMENT #1. NEW POLICY I1.1.7 [page 3] Policy I1.1.7: The sites containinq existinq public educational plants and ancillary plants, and the undeveloped sites owned by the Collier County School Board for future public educational plants and ancillary plants, within the lAMP area, are depicted on the Future Land Use Map Series in the countywide FLUE, and referenced in FLUE Policy 5.14 and Interqovernmental Coordination Element Policy 1.2.6. All of these sites are subject to the two Interlocal Aqreements adopted in accordance with Sections 163.3177(6)(h) and 163.31777, F.S., on May 15, 2003 by the Collier County School Board and on May 27, 2003 by the Board of County Commissioners, and subiect to the implementing land development re.qulations to be adopted. All future educational plants and ancillary plants shall be allowed in zoninq districts as set forth in FLUE Policy 5.14. INTERGOVERNMENTAL COORDINATION ELEMENT #1. POLICY 1.2.6 [page 2] The County shall continue to coordinate with the Collier County School Board on the site selection for new school~ public educational 'plants and ancillary plants and the provision of infrastructure, particularly roads, to support existing and proposed public educational plants and ancillary plants school f~c!!itic$ in accordance with the two Interlocal Agreements adopted in accordance with r-~,.~,-,+,-,,v, ,~.,~, Sections 163.3177(6)(h) and 163.31777, F.S., on May 15, 2003 by the Collier County_ School Board and on May 27, 2003 by the Board of County Commissioners Juno 25, 199(;. Exhibit A, CPSP-2003-4 G, Comp, Comp Plan Amendments, 2003 ,:)c!e dw'6-13,16,17-03 (7/30/03 DCA final revision to transmittal] 4 Words underlined are added; words struck through are deleted. Words double underlined are added; words double struck through are del~ - both since Transmittal Hearings. EXISTING PUBLIC EDUCATIONAL PLANTS (SCHOOLS) AND ANCILLAR Y PLAN'PS (SUPPORT FACILITIES) COLLIER COUNTY PUBLIC SCHOOLS LEE COUN~ VANOE,°.~IL T IMMOKAJ-EEROAD ROAD CITY ~ OF NAPLES R~DiO R°AD DA VtS BLVD. INSET: IMMOKALEE INSET: EVERGLADES CITY SCALE aXNco ISLAND AI-LIGA TOR ALLEY FS R 84) INTERSTATE - 75 LEGEND' EXISTING ELEMENTARY SCHOOLS /-% ',_~1 SEAGATE ~17 NAPLES mARK SABAL mALM ,:~, GSC~OLA i,~ L&KE PAR~ ¢ TERRACE ( CENTER NORTH ~ '%" E'G ,2~PFESS ~ HIGHLANDS ~--~ CDRKSC. REW f?~, iL~MOKALEE LEGEND: EXISTING HIGH SCHOOLS I~ BE THUNE I~ WALKER INSTITUTE OF TECHNOLOGY L ~ EVERGLADES SCHOOL LEGEND; FACILITIES ADMINISTRATION CENTER MMOKALEE ~AMSP'ORTA~CN FAClL~ BUS BARN (CR.-86&) FORMER ADMINIS~A~ON CEN%R EXISTING SITES FOR FUTURE PUBLIC EDUCATIONAL PLANTS AND ANCILLAR Y PLANTS COLLIER COUNTY PUBLIC SCHOOLS CITY / OF NAPLES LEGEND: · : EDUCATIONAL PLANT SITE · = ANCILLARY PLANT SITE · = EDUCATIONAL AND/"3R ANCILLARY PLANT SITE N SCALE! i ~ w+~ VANDERBIL; IMMOKALEE ROAD RADIO ROAD DA VIS BOULEVARD MARCO tMMOKALEE ROAD uj Ott WELL iNTERSTATE. 75 Exhibit A FUTURE LAND USE ELEMENT FUTURE LAND USE MAP RECREATION AND OPEN SPACE ELEMENT CPSP-2003-5 FUTURE LAND USE ELEMENT Urban - Mixed Use District 7. -r.~,am..,...,...-,.,v.,....~.~"";g~'~'"'~'"'"'~,,-v..,v~- ~,~..n"~'"" Residential Mixed Use Neighborhood Subdistrict [page 25] The purpose of this~, ~.,..,~,,;o;"" subdistrict is to encourage ~h,..,,~ dcvc!cpmcnt ~, '''~ T..,~m......,,, ~,.,~,,~, F~o;gkk'-'-k'-'-''4 Design /T~,,r~ ,-,.,-.~..~o T~,~r~ .... *'"-';"""" human-scaled, pedestrian-oriented, interconnected residential neighborhood projects that include,~, ...... .~ ~.., ,,,..,..~+"~",4 ~,~,,~,4 ~'- ,,u,~,,,~_~, ......... ~,, ,.,~,h..,.,, a mix of commercial uses. including ,~.~,,,~'"*'~" ,-.m~,,,~, .... ~,,~'4 civic amenities, and institutional ,uses that complement each other. ~"'o;~'~-'~;"' ......... .,~,. ,,.,.o,,-,,4 .,~. ...... ~... ..... The purpose of the commercial component is to provide retail, office and personal service uses to serve the needs of the subiect neighborhood and surroundinq residential neiqhborhoods where there is no existinq nearby opportunity for those commercial needs to be met. Within the commercial component, mixed use residential/commercial is allowed. The commercial component may be located internal to the project or alonq the boundary; if externally located, fronta.qe and access should be restricted so as not to promote strip commercial development. A grid pattern is usually the basis for the transportation network and typically includes interconnections for vehicles, pedestrians and bicycles. Within one year of the effective date of this subdist.(!F.t, the Land Development Code shall be amended, as necessary, to implement this subdistrict. ~e main strcct ........ , c~ +h,~ T~,,n ;o ,,,,~,~v~ ,,, ~,,~ ,,,~ ~,,~ ~,~ ,,, ~,v~v,,,v,, ~ u,v ~v~ vJ ~,,~ ~,~j~ ,,,,,, ~ Proiects utilizinq this Subdistrict shall comply with the followinq standards and criteria: a. Uses in the commercial component are limited to those allowed in the C-1, C-2 and C-3 zoning districts as co~htained in the Collier County Land Development Code. b. The boundaries of the commercial component shall be no closer than V~ mile radial distance from the boundaries of the nearest site zoned commercial, developed commercial, or desiqnated in the Growth Manaqement Plan for commercial uses. The commercial component shall be no larqer than 10 acres in size and shall not exceed 80,000 square feet of qross leasable floor area. d. A maximum of one acre of land for commercial uses is allowed for each five acres of land for residential uses. No single tenant in the commercial component shall exceed 15,000 square feet of gross leasable floor area, except that a grocery store or supermarket shall not exceed 45,000 square feet of gross leasable floor area. The maximum floor area ratio for commercial uses is 0.25. For freestandinq residential uses, acreage to be used for calculatinq density is exclusive of the commercial component and of any component acreaqe for a use with a residential equivalency, e.q. ALF-adult living facility. For properties not located in the Urban Resident ~ prlqcle density shall be as allowed by the Density Rating System, or as allowed ~der Words in single ~.;].~. ...... ~. ............... ~,, are deletions, and words in single underline are additions - as Transi 7/29/03. Words in .1~..~.1 .... ;'.~ .1.. ..... t. , ...................... ~.. are deletions, and words in double underline are additions Transmittal. !it!e~ 1 6 2008 ;since residential zoninq district, or as otherwise allowed by Policy 5.1. For_properties located in the Urban Residential Fringe, eliqible density shall be as allowed by that Subdistrict. h. For residential uses located within the commercial component of the project - whether located above commercial uses in the same buildinq, in an attached buildinq, or in a freestandinq buildinq - density is calculated based upon the gross project acreaqe. For properties not located in the Urban Residential Frinqe, eliqible density is the base density allowed by the Density Ratinq System, less any reductions. For properties located in the Urban Residential Frin.qe, eligible density shall be as allowed by that Subdistrict. i. The proiect is encouraqed to contain a qrid street system so as to afford maximum opportunity for interconnections with surrounding properties and to provide multiple route alternatives. j. The commercial component shall be interconnected with the residential neiqhborhood by streets, sidewalks or other pedestrian pathways, and bike lanes, unless precluded by the existence of wetlands or other environmentally sensitive habitats. In such instance where this preclusion exists, no less than one type of interconnection shall be provided. k. The proiect shall provide street, sidewalk and bike lane interconnections with adiacent properties, where possible and practicable. I. All buildinqs shall be limited to five stories in heiqht, inclusive of under building parking. m. The commercial component of the proiect shall be internally located with no direct access to adjacent external roadways, or the commercial component must have frontaqe on a road classified as an arterial or collector in the Transportation Element. n. If the commercial component is not internally located, then its frontage shall be no .qreater than twice its depth. o. For proiects located alonq an arterial or collector road, the number and type of access points shall be limited, as appropriate, so as to minimize disruption of traffic flow on the adiacent arterial or collector roadway. Urban - Commercial District 8. Commercial Mixed Use Subdistrict [new] The purpose of this subdistrict is to encouraqe the development and re-development of commercially zoned properties with a mix of residential and commercial uses. The residential uses may be located above commercial uses, in an attached buildinq, or in a freestanding building Such mixed-use proiects are intended to be developed at a human-scale, pedestrian-oriented, and interconnected with adiacent proiects - whether commercial or residential. Within one year of the effective date of this subdistrict, the Land Development Code shall be amended, as necessary, to implement this subdistrict. Projects utilizing this Subdistrict shall comply with the followinq standards and criteria: 1. This subdistrict is applicable to the C-1 throuqh C-3 zoninq districts, and to commercial PUDs and the commercial component of mixed use PUDs where those commercial uses are comparable to those found in the C-1 throuqh C-3 zoning districts. 2. Commercial uses and development standards shall be in accordance with the commercial zoninq district on the subject property. Residential density is calculated based upon the gross commercial proiect acreage. For property in the Urban Residential Frinqe Subdistrict, density shall be as limited by that Subdistrict. For property not within the Urban Residential Frin.qe Subdistrict but within the Coastal Hiqh Hazard Area, density shall be limited to four dwelling units per acre. For property not within the Urban Residential Fringe Subdistrict and not within the Coastal Hi.qh Hazard Area, density shall be limited to sixteen dwellinq units per acre. In the case of residential uses located within a buildinq attached to a commercial buildinq or in the case of a freestandinq residential buildinq, buildin Words in single '.;trike through are deletions, and words in single underline are additions - as 'Frans 7/29/03. Words in dz'abD z:r~l:: :h':z'zgh are deletions, and ~vo]'ds in double underline are additions Transmittal. nitte~ · t6 20032 acreaqe devoted ,to residential uses shall not exceed fifty percent (50%) of the gross buildinq square feet and acreaqe of the project. Street, sidewalk and bike lane interconnections with adjacent properties, where possible and practicable, are encouraqed. Urban - Mixed Use District 14. Commercial Mixed Use Subdistrict [new] The purpose of this subdistrict is to encouraqe the development and re-development of commercially zoned properties with a mix of residential and commercial uses. The residential uses may be located above commercial uses, in an attached buildinq, or in a freestandinq buildinq. Such mixed-use projects are intended to be developed at a human-scale, pedestrian-oriented, and interconnected with adiacent proiects - whether commercial or residential. This subdistrict is allowed in the Urban - Mixed Use District subiect to the standards and criteria set forth under the Commercial Mixed Use Subdistrict in the Urban - Commercial District. Urban - Commercial District 1. Mixed Use Activity Center Subdistrict [page 41 - new 5th paragraph] For residential development, if a project is within the boundaries of a Mixed Use Activity Center which is not within the Urban Residential Fringe Subdistrict or Urban Coastal Fringe Subdistrict, up to 16 residential units per gross acre may be permitted. This density may be distributed throughout the project, including any portion located outside of the boundary of the Mixed Use Activity Center. Mixed use developments - whether consistinq of residential units located above commercial uses, in an attached buildinq, or in a freestandinq building - are allowed. Such mixed-use projects are intended to be developed at a human-scale, pedestrian-oriented, and interconnected with adjacent proiects - whether commercial or residential. Street, sidewalk and bike lane interconnections with adiacent properties, where possible and practicable, are encouraqed. Density is calculated based upon the qross project acreaqe within the Activity Center. If such a project is located within the boundaries of a Mixed Use Activity Center which is not within the Urban Residential Frinqe Subdistrict and is not within the Coastal Hiqh Hazard Area, the eligible density is sixteen dwellinq units per acre. If such a project is located within the boundaries of a Mixed Use Activity Center that is not within the Urban Residential Frinqe.Subdistrict but is within the Coastal Hiqh Hazard Area, the eliqible density shall be limited to four dwellinq units per acre. If such a project is located within the boundaries of a Mixed Use Activity Center which is within the Urban Residential Frinqe Subdistrictl eliqible d~msity shall be as allowed by that Subdistrict. Policy 5.1: [page 17] All rezonings must be consistent with this Growth Management Plan. Property zoned prior to adoption of the Plan (January 10, 1989) and found to be consistent through the Zoning Re-evaluation Program are consistent with the Growth Management Plan and designated on the Future Land Use Map series as Properties Consistent by Policy. Zoning changes will be permitted to these properties, and to other properties deemed consistent with this Future Land Use Element via Policies 5.9 through 5.12, provided the amount of commercial land use, industrial land use, permitted number of dwelling units, and the overall intensity of development allowed by the new zoning district, except as allowed by Policy 5.11, are not increased. However, for these properties approved for commercial and residential uses, an increase in the number of dwellin~ ,~J,nit~ may be permitted if accompanied by a reduction in commercial area such that the overall in' ~nsit¢C~-ND~J~ Words in single .... ;we. ..... ~. :~e~c 20303 ~ . ............... ~.,, are deletions, and words in single underline are additions - as Transmi 7/29/03. Words in '2';'.:5[z. r~.tr!!:~--, thr.~x..:h are deletions, and words in double underline are additions - 1 ~ Transmittal. development allowed by the new zoninq district is not increased. Further, thouqh an increase in overall intensity may result, for these properties approved for commercial uses, residential units may be added as provided for in the Commercial Mixed Use Subdistrict. FUTURE LAND USE DESIGNATION DESCRIPTION SECTION: Policy 1.1: The URBAN Future Land Use Designation shall include Future Land Use Districts and Subdistricts for: A. URBAN- 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. MIXED USE DISTRICT Urban Residential Subdistrict Urban Residential Fringe Subdistrict Urban Coastal Fringe Subdistrict Business Park Subdistrict Office and Infill Commercial Subdistrict PUD Neighborhood Village Center Subdistrict Traditicna! Ncighbcrhood Dcsign Residential Mixed Use Neiqhborhood Subdistrict Orange Blossom Mixed-Use Subdistrict Goodlette/Pine Ridge Commercial Infill Subdistrict Vanderbilt Beach/Collier Boulevard Commercial Subdistrict Henderson Creek Mixed-Use Subdistrict Research and Technology Park Subdistrict Buckley Mixed-Use Subdistrict Commercial Mixed Use Subdistrict Bo URBAN 1. 2. 3. 4. 5. 6. 7. 8. - COMMERCIAL DISTRICT Mixed Use Activity Center Subdistrict Interchange Activity Center Subdistrict Livingston/Pine Ridge Commercial Infill Subdistrict Business Park Subdistrict Research and Technology Park Subdistrict Livingston Road/Eatonwood Lane Commercial Infill Subdistrict Livingston Road Commercial Infill Subdistrict Commercial Mixed Use Subdistrict URBAN DESIGNATION [page 21] Non-residential uses including: 12. Commercial uses subject to criteria identified in the Urban-Mixed Use District, PUD Neighborhood Village Center Subdistrict, Office and Infill Commercial Subdistrict, T,-,.~..-4Hq~,~,-d, .~,.,v, ,~, ,.~,l%l~;gkk~rk~'~l. ,~v,, ,v~ _~,~,,n"";""- Subdistrict, Residential Mixed Use Neiqhborhood Subdistrict, Orange Blossom Mixed-use Subdistrict, Goodlette/Pine Ridge Commercial Infill District, and Buckley Mixed Use Subdistrict, Vanderbilt Beach/Collier Boulevard Commercial Subdistrict, and Commercial Mixed Use Subdistrict, and in the Urban Commercial District, Mixed Use Activity Center Subdistrict, c~d Interchange Activity Center Subdistrict, cnd Livingston/Pine Ridge Commercial Infill Subdistrict, and Henderson Creek Mixed Use Subdistrict, and Livingston Road/Eatonwood Lane Commercial Infill Subdistrict, and Livingston Road Commercial Infill Subdistrict, and Commercial Mixed Use Subdistrict, and in the Bayshore/Gateway Triangle Redevelopment Overlay. _ Words in single strike through are deletions, and xvords in single underline are additions - as Trans~ 7/29/03. Words in '2r~::5~o :tr!k~. thr~.::gh are deletions, and words in double underline are additions Transmittal. FUTURE LAND USE MAP See two attached maps: Future Land Use Map - Existing Future Land Use Map - Proposed: change name of "Traditional Neighborhood Design Subdistrict" to "Residential Mixed Use Neighborhood Subdistrict", and add "Commercial Mixed Use Subdistrict" under both the Urban - Mixed Use District and Urban - Commercial District. RECREATION AND OPEN SPACE ELEMENT The proposed text amendments to the Recreation and Open Space Element (ROSE) will be added after Policy 1.6.1, beginning on page 4 of the ROSE, and are as follows: [all new, beginning on page 4] GOAL 2: THE COUNTY SHALL DEVELOP A NEIGHBORHOOD PARK SYSTEM TO PROVIDF USEABLE OPEN SPACE TO MEET THE RECREATIONAL NEEDS OF RESIDENTS WITHIN THE COMMUNITY. .Objective 2.1 By the year 2010, the County Parks and Recreation Department will develop a Nei.qhborhood Park Plan to identify qeneral areas where neiqhborhoods might request sites for future neiqhborhoo~t parks. ' Policy 2.1.1 The Parks and Recreation Department will develop a Nei.qhborhood Park Plan and identify those sites or qeneral areas for neiqhborhood parks on a Neiqhborhood Park Maste r'lan. This Plan will be developed by the year 2010 with citizen input to determino the types of recreational facilities particular communities would like to see within their nei.qhborhoods. Policy 2.1.2 The Land Development Code shall be amended to include a new definition of useable ope~l space that will provide for an open space area to be used as a neiqhborhood park for thai recreational needs of the surroundinq area. Policy 2.1.3 New nei.qhborhood parks will be carefully sited and intentionally inte.qrated into existinq residential neiqhborhoods, and shall be desi.qned accordinq to the principles of Crimo Prevention Throuqh Environmental Desiqn (CPTED). Neiqhborhood parks may also be co located with churches, schools, or other recreational facilities. Policy 2.1.4 Investiqate the utilization of tax credits or other incentives for property owners who wish t~ dedicate land to the County to meet the recreational needs of nei.qhborhood parks. Policy 2.1.5 Encouraqe the development of sidewalks and bike lanes from the surroundinq residential communities to park sites. Words in single .... .............. ugh are deletions, and words in single underline are additions - as Tram 7/29/03. Words in 'dc'.zU1.: :;trihz thrzagh m'e deletions, and words in ¢_o_uble underline are addition: Transmittal. GOAL 3: THE COUNTY SHALL DEVELOP A COMMHNITY AND REGIONAL PARK SYSTEM TO PROVIDE USEABLE OPEN SPACE TO MEET THE RECREATIONAL NEEDS OF RESIDENTS WITHIN THE COMMUNITY. Obiective 3.1 By the year 20101 the Parks and Recreation Department will develop a Community and Reqional Park Plan to provide larqer parks and recreational facilities as well as passive open space within a 15 to 20 minute drive of residents within the coastal and Immokalee Urban Areas and Northern Golden Gate Estates. This plan will include the identification of future community and reqional park sites (or qeneral areas), park improvements, cost estimates, and potential fundinq sources. The principles of Crime Prevention Throuqh Environmental Desiqn (CPTED) will be inteqrated into the planninq and development of the Community and Reqional Park sites. Policy 3.1.1 The Parks and Recreation Department will acquire land to meet the needs of the Community and Reqional Park Plan, includinq sufficient land to allow for a portion of these sites to remain in passive open space. Policy 3.1.2 The Parks and Recreation Department will desiqn and construct the new community and re.qional parks. Policy 3.1.3 Continue to partner with the Collier County Public Schools to co-locate parks in coniunction with new school sites as they are identified and developed. Policy 3.1.4 Continue to update the parks and recreation impact fees to keep pace with increased land acquisition and development costs for community and reqional parks. Policy 3.1.5 Investiqate the utilization of tax credits or other incentives for property owners who wish to dedicate land to the County to meet the recreational needs of community and reqional parks. Policy 3.1.6 Encouraqe the development of sidewalks and bike lanes from the surroundinq residential communities to park sites. Policy 3.1.7 By the year 2010, the Parks and Recreation Department and the Transportation Operations Department will investiqate the utilization of the existinq canal and power line easements to create a .qreenway system throuqhout the coastal and Immokalee urban areas and Northern Golden Gate Estates. dw/11-19-03 CPSP-03-5 exhibit A Adoption to CCPC G, Comp, Comp Plan ~mendments, 2003 cycle GMP AGENDA DEC 1 6 2003 Words in sino_le ~,trike" ...... ~' are deletions, and words in sin~ole underline are additions - as Transmitted on 7/29/03. Words in ........................ '~-"~" ..... "~ '~' ..... =.,~' m'e deletions, and words in double underline are additions - since Transmittal. 't T ,q6 S T 47 S I T 4B S ] T ¢9 S T 49 S $ 6Y .,L $ Lt .L j S 8) I ; S Sfr I T 50 S Exhibit A CONSERVATION AND COASTAL MANAGEMENT ELEMENT FUTURE LAND USE ELEMENT CPSP-2003-6 MARINA SITING CRITERIA FOR ALL REMAINING COASTAL AREAS WITHIN COLLIER COUNTY COME, Policy 7.1.2(2)(h) [page 31] .......................................................... ~, ~ ............. posting with thc UPP/S South :l~.;~ ~n,,m ep~¢;~¢ RecovEry Plan, May ~aan ~,,ki~**~ *hu provisions ~¢~, Policy ~, . ~, .~/°¢a~ ~.~¢ ,k;¢., ,,~ o !em ~k" CCME, OBJECTIVE 7.2 [page 32] "Historical data from 1990-1996 shows that the average number of manatee deaths in Collier County due to incidents with watercraft is approximately 3.2 per year per 10,000 boats. Through Policies 7.2.2 through :;z~2¢4 7.2.3, the County's objective is to minimize the number of manatee deaths due to boat related incidents." CCME, Policy 7.2.1 [page 32] "The County shall apply the marina siting criteria contained in D,-,U,-,y 7 -~ o /oWk~ ,-,~ this , v,,v ~ ' ' '~ \~/\' '/ v' clement the Collier County's Manatee Protection Plan (NR-SP-93-01), May 1995 in order to direct increased boat traffic away from sensitive manatee habitats." CCME, Policy 7.2.3 [page 32] "In order to p~,..~,., nanatees, marinas shall be discouraged in designated manatee critical habitat unless other protective measures are provided. (Reference Policy 11. 10.1.5). The County shall maintain the manatee protection speed zones that were adopted in Collier County Manatee Protection Plan (NR-SP-93-01), May 1995 and make revisions as needed. The County shall continue to work with appropriate State and Federal agencies to identify areas where the use of propeller driven boats may be restricted or prohibited, or where speed zones may need to be changed." COME, OBJECTIVE 10.1 [page 37] "Priorities for shoreline land use shall be given to water dependent uses over water related land uses and shall be based on type of water-dependent use, adjacent ;na use, and surrounding marine and upland habitat considerations. The Collier Cot Words underlined are added; words struck through are deleted: Words double underlined are added, words double struck through are deleted - since Transmittal Hearings. ,ty ~th 16 2003 Manatee Protection Plan (NR-SP-93-01) May 1995 restricts the location of marinas and may limit the number of wet slips, the construction of dry storaqe facilities, and boat ramps, based upon the Plan's marina sitinq criteria." FLUE, URBAN DESIGNATION [page I~° !9 20] "1, URBAN DESIGNATION: Urban Designated Areas will accommodate the following uses: b. Non-residential uses including: 1. Essential services as defined by the most recent Land Development Code. 2. Parks, open space and recreational uses; 3. Water-dependent and water-related uses (see Conservation and Coastal Management Element, Objective 11.1 10.1 and subsequent policies and the ,r'~n3too Protection Plan Collier County Manatee Protection Plan (NR-SP-93-01), May 1995 contained in thc Land Dcvc!opmcnt Code); 4. Child care centers; 5 .... 17." FLUE, A. Urban - Mixed Use District [page 4~9 22] "This District, which represents approximately 116,000 acres, is intended to accommodate a variety of residential and non-residential land uses, including mixed-use developments such as Planned Unit Developments. Certain industrial and commercial uses are also allowed subject to criteria. This may be accomplished by encouraging coordinated mixed-use sites of water-dependent and water-related land uses are permitted within the coastal region of this District. Mixed-use sites of water-dependent and water-related uses and other recreational uses may include water-related parks, marinas (public or private), yacht clubs, and related accessory and recreational uses, such as boat storage, launching facilities, fueling facilities, and restaurants. Any water- dependent and/or water-related land use shall encourage the use of the Planned Unit Development technique and other innovative approaches to conserve environmentally sensitive features and to assure compatibility with surrounding land uses. Note: Collier County's Land Development Code allows for the construction of private boathouses and docks as an accessory use to permitted uses in the followinq zonin.q districts: Rural A.qricultural (A), Residential Sinqle Family, (RSF 1-6), Residential Multiple Family (RMF 1-6, 12, 16), Residential Tourist (RT}, Villaqe Residential (VR), and Mobile Home (MH). Marinas are a permitted use in the Commercial (C-3) and Commercial (C-4) Districts. Marinas are permitted as a conditional use in the RT District. Marinas and boat ramps are permitted as a conditional use in the Community Facility (CF) District. Boat yards and marinas are permitted as a conditional use in the VR District. The Collier County Manatee Protection Plan (NR-SP-93-01) May 1995 restricts the location of marinas and may limit the number of wet slips, the construction of dry stora.qe facilities, and boat ramps, based upon the Plan's marina sitinq criteria." Words underlined are added; words struck through are deleted: 6 2003 WordSsince TransmittaldOUble underlinedHearings.are added, words d ~~ through are deleted bo'~C ¢ '~ Pg. ¢ ECONOMIC ELEMENT Exhibit A ECONOMIC ELEMENT CPSP-2003-7 GOAL 1: Collier County will achieve and maintain a diversified and stable ec;onomy by providin.q a positive business climate that assures maximum employment opportunities while maintainin,cI a hi.qh quality of life. OBJECTIVE 1.1: Collier County will encouraqe the conservation and enhancement of those natural, cultural, and social resources that represent the foundation of the county's existinq retirement, recreation, and tourist-oriented economy, in order to place Collier County in a competitive position to enable the retention and expansion of these and other business opportunities. POLICY 1.1.1- Collier County will encouraqe the development of diverse cultural facilities throuqh public, private, or public/private partnerships that meet the needs of the residents and visitors of Collier County. POLICY 1.1.2: Collier County will support the opportunity for development and support of hospitals, nursin.q homes and additional medical related facilities in order to promote a continuum of care to enhance the quality of life throuqhout the county. POLICY 1.1.3: Collier County will cooperate with state entities and other social service providers to encouraqe the establishment of proqrams and facilities that assist the elderly population of Collier County. POLICY 1.1.4: Collier County will work with the sheriff, fire districts, municipalities, and other appropriate entities to provide a stronq public safety pro.qram capable of protectinq the citizens of Collier County and their property. POLICY 1.1.5: Collier County will support recyclinq pro.qrams in Collier County to protect natural resources, conserve enerqy, prolong the useful life of landfills, and maintain a positive public imaqe. POLICY 1.1.6: Collier County will support the protection of the environment that sustains the commercial fishin.q and tourist industries by opposing the leasin.q of off-shore tracts for the purpose of oil exploration and dritlinq. The county will oppose off-shore oil drillinq in the re.qion south of latitude 27 deqrees north to the state waters north of the Florida Keys and west to Ionqitude 86 de.qrees west. POLICY 1.1.7: Collier County will encoura.qe the preservation of sensitiw natural resources, includinq beaches, wetlands, estuaries, clean air and water, historic resources, scenic vistas and other unique natural resources. _ Words underlined are added; words ...... u ,~. ..... ~. .............. ~,, are deleted, Words double underlined are added; words double ~ are deleted - since Transmittal Hearings. bot§EC 1 6 2003 POLICY 1.1.$: Collier County, in response to the current and proiected needs of its residents, will encoura.qe a diverse mix of housinq types, sizes, prices, and rents. OBJECTIVE 1.2: Collier County will support pro.qrams that are desi.qned to expand and enhance the tourism industry. POLICY 1.2.1: Collier County will continue to support the area's domestic and international tourism pro.qrams to ensure continuation and expansion of the tourism industry. POLICY 1.2.2: Collier County will continue to support the local tourism industry and work with the community to position Collier County as a friendly and hospitable visitor destination. POLICY 1.2.3: Collier County will support appropriate entities toward positioninq Collier County as a major aviation international port of entry. POLICY 1.2.4: Collier County will support the research efforts of thc Ts'Jr!ct ~.-,..¥~..vr-' .... ,~p--~,,,,..,,~ ,.-.._..... ..... ..... :, ..., ,.-.~'4 ...,, ,~..^"'~' appropriate entities to accurately measure the economic impact of tourism and provide information for planninq, marketin.q and manaqement of tourism for both the private and public sectors. POLICY 1.2.5: Collier County will support the development of ecotourism in Collier County. OBJECTIVE 1.3: Collier County will support pro.qrams which are desiqned to promote and encouraqe the recruitment of new industry as well as the expansion and retention of existinq industries in order to diversify Collier County's economic base. POLICY 1.3.1: Collier County will support efforts to formulate an economic development plan to assist local orqanizations in fosterinq the expansion and diversification of Collier County's economic base. POLICY 1.3.2: Collier County, in support of appropriate entities, will support a coordinated local, re.qional, national, and international marketinq program that will identify and attract industrial, commercial, and office space users. POLICY 1.3.3: Collier County will support the preparation of an annual report on the progress of economic development in Collier County. POLICY 1.3.4: Collier County will support a marketinq proqram to actively pursue and encouraqe businesses to relocate to Collier County. POLICY 1.3.5: Collier County will study the economic incentives utilized by various Florida cities and counties that may also be utilized by Collier County to, place the county in a competitive position to attract new businesses. Words underlined are added: words struck throu'gh are deleted, Words double underlined are added: words double ~ are deleted - since Transmittal Hearings. POLICY 1.3.6: Collier County, in coordination with appropriate entities, will support the expansion of international banking and finance to better accommodate the needs of international visitors to the area and that of local firms enqa.qed in .qlobal markets. POLICY 1.3.7: Collier County will support the location of business and industry in the Foreiqn Trade Zone located at the Immokalee Airport. POLICY 1.3.8: Collier County, in coordination with appropriate entities, will continue pro.qrams that encouraqe and assist in the location of new companies that build on the traditional economic base. POLICY 1.3.9: Collier County will support the preparation of an annual report on the pro.qress of existinq industry expansions and traditional industry starts. POLICY 1.3.10: Collier County will support the protection and promotion of its existinq water port developments. POLICY 1.3.11- Collier County will actively pursue state and federal fundinq for transportation improvements to the local, reqional, state, and national hi,qhway system in Collier County. POLICY 1.3.12: Collier County, in coordination with other appropriate entities, will support the establishment and retention of small businesses throu.qhout the County. POLICY 1.3.13: Collier County will encouraqe a.qriculture industry pro.qrams to maintain or improve its economic viability, provide necessary support and promote Collier County produce. OBJECTIVE 1.4: Collier County will support the economic development qoals, efforts and community involvement of nonprofit or.qanizations, c vic associations and local .qroups and proqrams. POLICY 1.4.1 Collier County will support the economic development initiatives of reqional nonprofit orqanizations POLICY 1.4.2 Collier County will support the economic development .qoals and efforts of countywide orqanizations. POLICY 1.4.3 Collier County will support the economic development efforts of localized orqanizations. OBJECTIVE 1.5 Collier County will encouraqe the expansion and development of educational facilities and pro.qrams that complement economic development and diversification. Words underlined are added; words ..... ~- '" .... o~ ............. ~,, are deleted, Words double underlined are added; words double 'st':'ac!: through are deleted - b~ since Transmittal Hearings. POLICY 1.5.1: Collier County will continue to coordinate with and assist the Collier County School Board in the orderly and rational expansion of educational facilities that enhance economic qrowth and a desired quality of life. POLICY 1.5.2: Collier County will promote the development of proqrams and facilities at institutions of hiqher learninq, includinq business and commerce, health services, technoloqies, and education careers. POLICY 1.5.3: Collier County will encouraqe institutions of hiqher learninq to develop cooperative and inteqrated curriculums that enhance and increase the productivity of the local work force and attract industries and skilled workers. OBJECTIVE 1.6: Collier County will maintain a system of development requlations that will promote the accomplishment of the qoals, obiectives, and policies of this element. POLICY 1.6.1 Collier County will periodically review its land development re.qulations for consistency with the Collier County Growth Manaqement Plan to promote the accomplishment of the qoals, obiectives and policies of this element. Words underlined are added; words~,,,.,,.,,~' '~'~c,u~',,,, s,, are deleted. Words double underlined are added; words double e~ut4.M.4,~ are deleted - since Transmittal Hearings. AGENDA UEC 1 6 2003 Exhibit A CAPITAL IMPROVEMENTELEMENT/TRANSPORTATION/FUTURE LAND USE ELEMENTS CPSP-2003-8 [CIE - Page 12] Policy 1.5.3: The concurrency requirement of the Transportation Level of Service Standards of this Growth Management Plan will be achieved or maintained if any one of the following standards of the Concurrency Management System is met: The necessary facilities and services are in place at the time a final site development plan, final plat or buildinq permit is issued; or The necessary facilities and services are under construction or the contract for such facilities and services has been let at the time a final site development plan, final plat or buildin.q permit is issued; or The necessary facilities and services are in the first year of the Schedule of Capital Improvements, and the Collier County Annual Budqet adopted followinq each AUIR at the time a final site development plan, final plat or buildinq permit is issued; or The necessary facilities and Work Pro.qram at the time a buildinq permit is issued: or service:-: are in the first year of FDOT 5-Year final site development plan, final plat or The final local development TCMA desi.qnated pursuant requirements of Policies 5.5 order is for a project located within a TCEA or to this GMP and meets the applicable throuqh 5.8 of the Transportation Element. The necessary facilities and services are the subject of a bindinq commitment with the Developer to contribute fair share funding as provided for in Policy 5.9 of the Transportation Element, if applicable, or to construct the needed facilities. Words underlined are added; words ...... t. ,~. ..... ............... sh are deleted. Words double underlined are added; words double et,.~}~}w-ee~ are deleted - b since Transmittal Hearings. n 'l I l ,th DEC I O 20(13 o ,-.-,,4 -..~,-, requirements, must ~"-' ~; .... ;.,.y ~,~,-,$;kl,-, TH,-, P.-~.--,H..-~I ............................ ~. .... provement$ may throe :,'cars '''¢ ~' ....,,..,~,~,-, .~,4,,p,,~,4 ~,,,;,4., Department '''~ Tra.-op,-,''*''*;'-''' ~;"c y ........ u A five year e,-.~,,-,,4, ,i,-, ,-,f Capita! I .......... + .... h;.-h ....* ;..Ch ,,4,- K,-.fh necessary f.~..u;,;,-,o +.-. ,-,...;,-.,-.;,-, th,-, adopted ' .... ' '''~ .... ;""~ o,o,-.,4.~.,4.. ,,-. o,.~.,,-. ,~.,-, ,~,-,,., ,4,-.,,,.i,-,p,-,.,-,,** ,-..,-.,-,,-,o,-.,4 ,,-, ~,~ ...........................,~q~,,~ .................... pertie~s '-'~ ^ .,...ii,.,;.. f; .... ;o, ~....oi~.l~. funding system h..o..,4 · -~,,-~11-'~1~1~ r,--~,,-~r~, ,,-, or-,, ,rr, r~', ~^,hir, h m, ,et hr~ ,~,4~q, five year Schedule of Capita! !mprovements. A five yegr Sched'J'!e of Capita? !mprevements which must Schcd'dJe of Capital !mprevements. Schedule cf !mprovements. [Transportation - Page 14] Policy 5.2: Project traffic that is less than 1% or less of the adopted peak hour service .... volume represents a de minimis impact. Authorization of development for de mlnlmls impact shall be pursuant to Section 163.3180(6), F.S. Policy 5.3 The County wi!! conducte_~d a Traffic Impact Vesting Affirmation Review yea¢ in 2003 to determine for plannin.q purposes only which developments are may be vested for concurrency: No leqal determination of vested status for proiects was made and even thou.qh the initial review indicated vestinq, this findinq does not provide a leqal presumption that a proiect is vested. All previously approved proiects must .qo throuqh a vestinq review pursuant to Section 3.15.7.2.6. of the Land Development Code,--t-he schedule '''~ ,,,h,.,. m,-,.-.-, ,4 .... S,-.p--..-,~,~ .... ~,, h,~ I.-., ,;H- .-,~,4 ~.1..,~ magnitude '''~ bo g .......... ~, ............ r- ................ decrease *~'"' impact '-'f *~'" ,4 .... ~,-.p~,',-,* through .... h .-,.,~*~.,-,,4 ..... ,4..,-~.',,-. ~ensit .-.. ., ~. ~ ,-, ,. -,,4,4~.~,-,.-,-.i previsions *'-'~ -.~..,-,,4.~ .... a .... ~ ..... * *,-,,~ capture *~'-'o.. '-'~ ......... . ............................ ........ Words underlined are added; words s~n:ck '.brough are deleted. Words double unde~rlined are added; words double st..-'.:ck tS:'c'~:g5 are deleted - b< Ih EJEP~ sinc~ Transmittal Hearings. o,4,~a;,..~,.,~ t .... p'"'"*;"" system ;,.t ........ fl,-,,,,- may h ..... ;,4~.,~,~ ,.,ah,-,,,t i king ,vested status. Policy 5.4 To optimize the County's transportation analysis, the County shall prepare an analysis of the transportation system within the urban area utilizinq SYNCHRO or other current traffic analysis techniques and tools by January 2004. Policy 5.5 Pursuant to Rule 9J-5.0055(6)(a)3., F.A.C. and the Urban Infill and Urban Redevelopment Strateqy contained in the Future Land Use Element of the GMP, the South U.S. 41 Transportation Concurrency Exception Area (TCEA) is hereby desi.qnated. Development located within the South U.S. 41 TCEA (MapTR-4) may be exempt from transportation concurrency requirements, so Ionq as impacts to th~ transportation system are mitiqated usin.q the procedures below. Any proposed development within the concurrency exception area that would reduce the LOS on Florida Intrastate Hiqhway System (FIHS) roadways within the County by more than 5% of the capacity at the adopted LOS standard must meet the transportation concurrency requirements specified in Rule 9J- 5.0055(3)(c) 1-4, F.A.C. Any proposed development within the concurrency exception area that would reduce the LOS op, FIHS roadways within the County by less than 5% of the capacity at the adopted LOS standard and meets the requirements identified below in Policy 5.5 are exempt from the transportation requirements of 9J- 5.0055(3)(c) 1-4, F.A.C. Policy 5.6 Developments within the South U.S. 41 TCEA that choose to obtain an exception from concurrency requirements for transportation will provide Transportation Planning Division that at least four of the Demand Manaqement (TDM) strateqies will be utilized: certification from the followin.q Transportation a_g_) Preferential parkin.q for carpools and vanpools that is expected to increase the average vehicle occupancy for work trips generated by the development. b__) Parkinq char.qe that is expected to increase the avera.qe vehicle occupancy for work trips generated b.v the development and/or increase transit ridersh c_1 Cash subsidy that is expected to increase the average vehicle occupancy for work trips generated by the development and/or increase transit ridership, d_¢_2 Flexible work schedules that are expected to reduce peak hour automobile work trips generated by the development e)Compressed work week that would be expected to reduce vehicle miles of travel and peak hour work trips aenerated by the development. f_). Telecommutinq that would reduce the vehicle mile's of travel and peak hour work trips generated bv the development. g}Transit subsidy that would reduce auto trips generated by the development ~ ~d increase transit ridership. Words underlined are added; words sir,~t' *~- ..... k .......... s,, are deleted. Words double underlined .are added; words double ...... ,. ,t. ..... since Transmittal Hearings. ~' ............ t,., are deleted - bot h_).Bicycle and Pedestrian facilities that would be expected to reduce vehicle miles of travel and automobile work trips generated by the development. i.). Includinq residential units as a portion of a commercial proiect.that would reduce vehicle miles of travel. An applicant seeking an exception from concurrency requirements for transportation through the certification mentioned above shall submit an application to the Transportation Division Administrator on forms provided by the Division, Binding commitments to utilize any of the above techniques relied upon tO obtain certification shall be required as a condition of development approval. Developments within the South U.S. 41 TCEA that which do not provide certification shall meet all concurrency requirements. Whether or not a concurrency exception is requested, developments will be subiect to a concurrency review for the purpose ct reservinq capacity for those trips associated with the development and maintaininq accurate accounts of the remaininq capacity on the roadway network. Policy 5.7 The County shall desiqnate Transportation Concurrency Manaqement Areas (TCMA) to encouraqe compact urban development where an inteqrated and connected network of roads are in place that provide multiple, viable alternative travel paths or modes for common trips. Performance within each TCMA shall be measured based on the percentaqe of lane miles meetinq the LOS described in Policies 1.3 and 1.4 of this Element. The followinq Transportation Concurrency Manaqement Areas are desiqnated: 1 Northwest TCMA - This area is bounded by the Col - Lee County-Line on the ~orth side; the west side of the 1-75 riqht-of-way on the e~,s[ side; Pine Ridqe Road on the south side; and, the Gulf of Mexico on the west side (Map TR-5). 2. East Central TCMA - This area is bounded by Pine Ridqe Road on the north side; C'--ollier Boulevard on the east side; Davis Boulevard on the south side, and: Livin.qston Road (extended) on the west side (Map TR-6). Policy 5.8 Each TCMA shall maintain 85% of its lane miles at or above the LOS standards described in Policies 1.3 and 1.4 of this element. If any Traffic Impact Statement (TIS) for a proposed development indicates that fewer than 85% of the lane miles in a TCMA are achievin.q the LOS standards indicated above, the proposed development shall not be permitted where such condition occurs unless modification of the development is made sufficient to maintain the LOS standard for the TCMA, or the facilities required to maintain the TCMA LOS standard are committed utilizinq the standards for committed improvements in Policy 1.5.3 of the Capital Improvement Element of the GMP. Policy 5.9 Should the TIS for a proposed development reflect that it will impact either a constrained roadway link and/or a deficient roadway link within a TCMA by more than a de minimis amount (more than 1% of the maximum service volume at the adopted LOS), yet continue to maintain the established percentaqe of lanes miles indicated in ........ h ~ h,~l ~.-,4. ~ p,. , .. above Policy 5.8. a proportionate share payment ......... * +,-, Rule a ' c nnc.:/o~ ~ ^ ~' shall be required as follows: .... ~ *~C.F_J~A Words underlined are added; words strucl~ through are deleted. Words double underlined are added; words doubleo~ ~.. o'" ~" ~'-,~..~' ,,,~,'~ deleted - b since Transmittal Hearings. 4 th -JEC i 2003 a. Proportionate share payments shall be calculated usin.q the formula established in Rule 9J-2.045(2)(h), F.A.C. with crcdit for thc fu!! roccver¥ -"*~ '''* impact foc$ in cffcct at th3t time. The facility cost for a constrained roadway link shall be established using a typical lane mile cost as determined by the Collier County Transportation Administrator of addinq lanes to a similar area/facility type as the constrained facility.. b. Proportionate share payments shall be utilized by Collier County to add trip capacit-'~ within the impacted TCMA, road seqment(s) and/or to enhance mass transit or other non-automotive transportation alternatives, which adds trip capacity within the impact fee district or adioininq impact fee district. c. Proportionate share payments under this section are determined subse(]-Tuent to a find ng of concurrency for a proposed project within a TCMA and do not influence the concurrency determination process. d. No impact will be de minimis if it exceeds the adopted level-of-service standard of any affected designated hurricane evacuation routes within a TCMA, Hurricane routes in Collier County are shown on Map TR7. Any impact to a hurricane evacuation route within a TCMA shall require a proportionate share payment provided the remaining LOS requirements of the TCMA are maintained. [FLUE - Page -'t-1-12] Policy 2.2: Deficiencies or potential deficiencies that have been determined through the Annual Update and Inventory Report on capital public facilities may include the following remedial actions: establish an area of significant influence for roads, TCEA, TCMA, add projects to the Capital Improvements Element, enter into a bindinq commitment with a Developer * .... *'~" '~ .......~,.,-,,.,,-, oh,..,~ ~, ,,-,,4~ ..... ,-,,,~,4,.,~ for in ............. ~., ~ ........................ ,~ ~ p ....... Pc!icy ......... Tr3nspc~aticn ~,~,,,~,,,,~ e, to construct the needed facilities systcm widc facilities or defer development until improvements can be made or the level of service is amended to ensure available capacity. [FLUE- Page 13] Policy 2.4 Pursuant to Rule 9J-5.0055(6)(a) 3., F.A.C. and the Urban Infill and Urban Redevelopment Strateqy contained in this element of the GMP, development located within the South U.S. 41 Transportation Concurrency Exception Area (TCEA) (See map TR-4) may be exempt from transportation concurrency requirements, so Ionq as impacts to the transportation system are mitiqated usinq the procedures set forth in Policies 5.5 and 5.6 of the Transportation Element of the GMP. Developments within the South U.S. 41 TCEA that obtain an exception from concurrency requirements for transportation, pursuant to the certification process described in Transportation Element Policy 5.6 of this GMP. and that include Affordable Housing (as per Section 2.7.7 of the Collier County.. Land Develooment. Code. as amended ~ Dar~,~'NDA. :: ITF_~¢^... ' 'pc Words underlined are added; xvords ..... v ,~ ..... ~ .............. s,, are deleted. Words double u__~nderlined are added; words double ~ are deleted - since Transmittal Hearings. b th their plan of development shall not be subject to the Traffic Congestion Density Reduction, as contained in the Density Rating System of this Future Lanai' Use Element, Developments within the South U.S. 41 TCEA that do not obtain certification pursuant to Policy 5.6 of the Transportation Element shall meet all concurrency requirements. Whether or not a concurrency exception is requested, developments will be subiect to a concurrency review for the purpose of reservinq capacity for those trips associated with the development and maintaininq accurate accounts of the remaining capacity on the roadway network. Policy 2.5 The County shall designate Transportation Concurrency Management Areas (TCMA) to encouraqe compact urban development where an inteqrated and connected network of roads ar--e in place that provide multiple, viable alternative travel paths or modes for common trips. Performance within each TCMA shall be measured based on tho percentaqe of lane miles meetinq the LOS described in Policies 1.3 and 1.4 of this the Transportation Element. Standards within TCMAs are provided in Policy 5.8 of thc Transportation Element ~.~New Development within each TCMA shall be consistent with the criteria set forth in Objective 6. and Policies 6.1 through 6.5 of this Element. The followinq Transportation Concurrency Mana.qement Areas are hereby desiqnated: I Northwest TCMA - This area is bounded by the Collier - Lee County Line on the north side; the west side of the 1-75 right-of-way on the east side; Pine Ridqe Road on the south side; and, the Gulf of Mexico on the west side (See map TR-5). 2_=. East Central TCMA- This area is bounded by Pine Ridqe Road on the north side; Collier Boulevard on the east side; Davis Boulevard on the south side, and; Livin.qston Road (extended} on the west side (See map TR-6). [FLUE- New Objective/Page 19] Objective 6 Transportation Concurrency Management Areas (TCMAs) are geographically compact areas designated in local government comprehensive plans where intensive development exists, or such development is planned. New development within a TCM^ shall occur in a manner that will ensure an adequate level of mobility ('as defined in Policy 5.8 of the Transportation Element) and furt'her the achievement'o~ the following identified important state planning goals and policies: discouraging the proliferation of urban sprawl, protecting natural resources, protecting historic resources, maximizing the efficient use of existing public facilities, and promoting public transit, bicycling, walking and other alternatives to the single occupant automobile. Transuortation Concurrency Management Areas are hereby established in the specific geographic areas described in Policy 2.5 of this Element. Policy 6.1 Collier County's designated Transportation Concurrency Management Area,, shall discourac~e the proliferation of urban sprawl by promoting resid, Words underlined are added; words strucl~ through are deleted. Words double underlined are added; words double ~ are deleted - since Transmittal Hearings. '... ,-,,..~-.,-~pA ITEM ~ntlal and ~-:, .~ 6 bot~EC 1 6 2003 p~. .'~_" ~ ~ commercial infill development and by promotin,q redevelopment of areas wherein current zoning was approved prior to the establishment of this Growth Management Plan (January. 10, 1989). Infill development and redevelopment within the TCMAs shall be consistent with Obiective 5. and relevant subsequent policies, of this Element. Policy 6.2 In order to be exempt from link specific concurrenc.v`, new commercial development or redevelopment within Collier County's designated .Transportation Concurrency Management Areas (TCMAs) shall utilize a: least two (2) of the following Transportation Demand Management (TDM) strategies., as may be applicable: a) b) c) d) e) Preferential parking for carpools and vanpools that is expected to increase the average vehicle occupancy for work trips generated b.v the development. Parkinc~ charge that is expected to increase the average vehicle occupancy for work trips generated by the development and/or increase transit ridership. Cash subsidy that is expected to increase the average vehicle occupancy for work trips generated by the development and/or increase transit ridership. Flexible work schedules that are expected to reduce peak hour automobile work trips generated by the development. Compressed workweek that would be expected to reduce vehicle miles of travel f) g) h) and peak hour work trips generated by the development. Telecommutin.q that would reduce the vehicle miles of travel and peak hour work trips generated b.v the development. Transit subsidy that would reduce auto trips generated by the development and increase transit ridership. Bicycle and Pedestrian facilities that would be expected to reduce vehicle miles i) of travel and automobile work trips generated by the development. Including residential units as a portion of a commercial proiect that would reduce vehicle miles of travel. Providing transit shelters within the development (must be coordinated with Collier County Transit). Policy 6.3 In order to be exempt from link specific concurrency, new residential development or redevelopmer ,,ithin Collier County's designated Transportation Concurrency Management..,,~, (TCMAs) shall utilize at least two (2) of the following Transportation Demand Management (TDM) strategies, as ma.v be applicable: a) b) Collier County Transit). C) Providing bicycle and pedestrian facilities., with commercial properties. d) Including affordable housing (minimum of 25% development. e) Vehicular access to adiacent commercial properties. Including neighborhood commercial uses within a residential project. Providing transit shelters within the development (must be coordinated with connections to ad!acent of the units) within the I 2003 p~. '-:)~., Words underlined are added; words struck through are deleted. Words double underlined are added; words double str.::.l: tkrcugk are deleted - b~ th since Transmittal Hearings. Policy 6,4 All rezoning within the Transportation Concurrency Management Areas (TCMAs) in encouraged to be in the form of a Planned Unit Development (PUD), Any development contained in a TCMA, whether submitted as a PUD or non-PUD rezone shall be required to be consistent with the native vegetation preservation requirements contained within Policy 6.1,1 of the Conservation and Coastal Management Element, Policy 6.5 All new development, infill development or redevelopment within a Transportation Concurrency Management Area is subject to the historical and archaeological preservation criteria, as contained in Objective 11,1 and Policies 11.1.1 through 11.1,3 of the Conservation and Coastal Management Element. [FLUE Density Rating System/Page 38] a. Density Bonuses 7. Residential redevelopment or infill development that meets the criteria established in Policies 6.1 through 6.5 of this Element, and which occurs within a designated Transportation Concurrency Management Area (TCMA) may add 3 residential units per gross Acre. This density bonus shall not be available if the proposed development iR iocated within the Coastal High Hazard Area. Additionally, in no instance shall the total proiect densitV exceed 16 units per gross acre. b. Density Reduction Consistency with the following characteristic would subtract density: 1. Traffic Congestion Area If the project were within the Traffic Congestion Area, an area identified as subject to long-range traffic congestion, 1 dwelling unit per gross acre would be subtracted. The Traffic Congestion Boundary is shown on the Future Land Use Map and consists of the western coastal Urban Designated Area seaward of a boundary marked by Airport- Pulling Road (including an extension north to the Lee County boundary), Davis Boulevard, County Barn Road, and Rattlesnake Hammock Road consistent with the Mixed Use Activity Center's residential density band located at the southwest quadrant of the intersection of Rattlesnake Hammock Road and County Road 951 (including an extension to the east). Properties adjacent to the Traffic Congestion Area shall be considered part of the Traffic Congestion Area if their only access is to a road forming the boundary of the Area; however, if that property also has an access point to a road not forming the boundary of the Traffic Congestion Area it will not be subject to the density reduction. Furthermore. this density reduction shall not apply to developments located within the South U.S, 41 Traffic Concurrency Exception Area (as identified within Transportation Element. Map TR-4. and Policies ,5.5 and 5.6. and FLUE Policy 2.4) that obtain an exception from concurrency requirements for transportation; pursuant to tho certification process described in Transportation Element Polic.v 5.6 of this GMP. and that include Affordable Housing (as per Section 2.7.7 of the Collier C( Development Code. as amended) as part of their plan of development Words underlined are added; words ¢'-t,~1- *~- ..... ~, .............. s., are deleted. Words double underlined are added; words double ..... "'~' ..... ~- are deleted since Transmittal Hearings. iunty ~1,,':,.,.,.,.,,~ rm._.M ,--, nF¢ ¢6 2003 bot~-'" pg.. -9 ~ COUNTY BARN RD -- '--- '~3~ o~o ~ -.~ ~ ~1: ~ O ~~ BAYSHORE DR 0 d I DEC ~._ --3 ' I'B COLLIER BLVD ~mmmmm, LO'SAN BLVD I ~ ~ o ~ ~ ...... m ~ ~ o0 ~ ~ AIRPORT PULLING R ~.~ ~ 0 ~ E I nFr' 1~ COLLIER BLVD ~,.._~ ~mmmmmmmmmm~mmmmmImmmmmmmm~mmmmmm mmmmmmmmmm - z i SANTA BARBA~ BLVD [ [ O o LiViNGSTON RD z Exhibit A Future Land Use Element CPSP-2003-9 V. OVERLAYS AND SPECIAL FEATURES [Pg. ~ 74] E. Airport Noise Area Overlay [Pg, 52 104] --'The Naples Airport Authority developed an airport noise compatibility plan under the guidelines of the Federal Aviation Regulation, Part 150. This plan included identifying noise contours at the 60, 65, 70 and 75 Ldn (day-night average sound level). The Airport Noise Area Overlay shown on the Future Land Use Map reflects the 6__0_0 6~ Ldn contour, the least severe impact of these th-r-ee four noise contours. Residential and other noise sensitive land uses are considered "normally unacceptable" in areas exposed to levels between 6._QO 6,5 Ldn and 75 Ldn. This Overlay is informational and has no regulatory effect. However, the Land Development Code contains an Airport Overlay District, which regulates development near the Naples Municipal Airport. Words underlined are added; words struck through are deleted. Words double underlined are additions, words double ctr'=c!', thrc'..:'gh are deleted - both since transmittal. AoENI) ~1~._~- 9EC !6 2003 I $ 91~ J. ~ Lt .L $ 9'Ir EXECUTIVE SUMMARY PUDZ-2003-AR-3905, TERRY KEPPLE, PE, OF KEPPLE ENGINEERING, INC., REPRESENTING STEWART MARCUS, REQUESTING A REZONE FROM "RSF-I" TO "PUD" PLANNED UNIT DEVELOPMENT TO BE KNOWN AS THE CARLISLE REGENCY PUD. THE PROJECT WILL CONSIST OF A MAXIMUM OF 35 RESIDENTIAL DWELLING UNITS AND IS LOCATED AT THE SOUTHEAST CORNER OF THE INTERSECTION OF ORANGE BLOSSOM DRIVE AND YARBERRY LANE, IN SECTION 2, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF ll.Tm ACRES. OBJECTIVE: To have the Board of County Commissioners determine whether the requested rezone is consistent with the Collier County Growth Management Plan and Land Development Code and is in the best interest of the community. CONSIDERATIONS: The petitioner wishes to rezone approxim~xely 11.7 acres of land currently zoned Residential Single- Family (RSF-1) to PUD (Carlisle Regenc,, ~'UD). The Carlisle Regency PUD is a proposed residential development consisting of single-family and two-family dxvclling units. The petitioner proposes an interconnection to The Carlisle retirement facility to the east. Under the Density Rating System, the PUD is eligible fbr a maximum of 35 dwelling units. The proposed PUD provides for a maximum of 35 dwelling units, resulting in a gross density of 2.99 dwelling units per acre, slightly less than the maximum of 3 dwelling units per acre indicated by the Density Rating System. The density of adjoining parcels to the north, east, and a portion of the west pr6perty lines is greater than the proposed density of 2.99 dxxelling units per acre. The RSF-1 parcels to the west have a density of 1 dwelling unit per acre, but they are eligible to request a rezone of up to 3 dwelling units per acre, subject to the provisions of the density rating system. The maximum building height of 35 feet is compatible with the building heights of ad}acent parcels. FISCAL IMPACT: This rezoning ;vill have no fiscal impact on Collier County. ttowever, the development of the property will result in future fiscal impact on County public facilities. The County collects impact fees prior to the issuance of building permits to help offset the impacts of each new development. The following impact fees will be applicable to this project: DEC 1 6 2003 · Park Impact Fee: Libraries Impact Fee: · Fire Impact Fee: · Road Impact Fee: · Correctional Facility: · EMS Impact Fee: · Schools (multifamily): $578 $ 20,230 $181 $ 6,335 $0.15 per square foot under roof $ 10,500 $2,882 per dwelling unit $ 100,870 $118 per dwelling unit $ 4,130 $2 per dwelling unit $ 70 $827 per dwelling unit $ 28,945 The estimated total amount of impact fees for the proposed rezone is $171,080. It should be noted that this estimate is based on 35 2,000 square-foot multi-family dwelling units being developed. Other fees will include building permit review fees and utility fees associated with connecting to the County's sewer and water system. Finally, the developed residential units will be required to pay ad valorem taxes. GROWTH MANAGEMENT IMPACT: The subject property is designated Urban (Urban Mixed-Use District, Urban Residential Subdistrict) on the Future Land Use Map of the Growth Management Plan. This Subdistrict permits residential development (with a variety ~,f unit types) at a base density of 4 dwelling units per acre. This district is intended to accommodate a xariety of residential and non-residential uses, including mixed-use developments such as Planned Unit Developments. '[his project is located within a Traffic Congestion Area, as depicted on the Future Land Use Map and described in the FLUE, and so is subject to a 1 dwelling unit per acre reduction from the base density of 4 dwelling units per acre and is not eligible for any density bonuses. Therefore, this project is limited to a maximum density of 3 dwelling units per acre. Base Density Traffic Congestion Area Total Eligible Density 4 dwelling units per acre -_[1 dwelling units per acre 3 dwelling units per acre FLUE Policy 5.4 requires new land uses to be compatible with the surrounding area. Based upon the above analysis, Staff concludes the proposed uses and density of 2.99 units per acre may be deemed consistent with the Future Land Use Element. ENVIRONMENTAL ADVISORY COUNCIL RECOMMENDATION: The Environmental Advisory Council did not hear this petition because an Environmental Impact Statement was not required. An EIS was not required because the site had been ~reviously used for agriculture and contains mostly disturbed vegetation. - DEC 1 6 2003 PLANNING COMMISSION RECOMMENDATION: The Collier County Planning Commission heard this petition on December 4, 2003. Two neighboring property owners spoke with concerns about traffic on Yarbcrry Lane, however they did not object to the petition. The CCPC made some minor changes to setbacks and building heights. The Planning Commission voted 8 to 0 to forward Petition PUDZ-2003-AR-3905 to the Board of County Commissioners with a recommendation of approval. PLANNING SERVICES STAFF RECOMMENDATION: Staff analysis indicates that the proposed PUD is compatible with the surrounding area and consistent with the Future Land Use Element of the Growth Management Plan. Therefore, Zoning and Land Development Review Staff recommended that the Collier County Planning Commission forward Petition PUDZ-2003-AR-3905 to the Board of County Commissioners with a recommendation of approval, subject to the PUD document attached to this Staff Report. DEC 1 6 2003 ps. PREPARED BY: CP~PRINCIPAL PLANNER FREDREISCttL, Al , -- DEPARTMENT OF ZONING & LAND DEVELOPMENT REVIEW DATE REVIEWED BY: RAY ~?LLOWS, CHIEF PLANNER DEPARTMENT OF ZONING & LAND DEVELOPMENT REVIEW SUSA'Lq/MURRAY, AICP, Jj~,ITERIM I)IRECT )R DEPARTMENT OF ZONING & LAND DEVELOPIMENT REVIEW DATE DATE APPROVED BY: 7OSEPH K. sci-.t n r'T, ADMINISTRATOR CC)MMUNITY DEVELOPMENT & ENVmONMENTAL SERVICES DIVISION ~" PUDZ-2003-AR-3905 DATE 'AGENDA I DEC 16 2003 FROM: HEARING DATE: SUBJECT: STAFF REPORT COLLIER COUNTY PLANNING COMMISSION DEPARTMENT OF ZOI,'ING & LAND DEVELOPMENT REVIEW COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION DECEMBER 4, 2003 PUDZ-2003-AR-3905 CARLISLE REGENCY PUD OWNER/AGENT: Agent: O~vner: Terrance Kepple, PE Kepple Engineering, Inc. 3806 Exchange Avenue Naples, FL 34104 Stewart I. Marcus, Trustee 3225 Aviation Avenue, Suite 700 Miami, FL 33133 - 4741 REQUESTED ACTION: The petitioner wishes to rezone approximately 11.7 acres of' land currently zoned Residential Single- Family (RSF-I) to PUD (Carlisle Regency PUD). The Carlisle Regency PUD is a proposed residential development consisting of single-family and two-family dwelling units. GEOGRAPHIC LOCATION: The subject property is located west of Airport-Pulling Road, at the southeast comer of the intersection of Orange Blossom Drive and Yarberry Lane in Section 2, Township 49 South, Range 25 East. The parcel is approximately 11.7 acres. DEC 1 6 2003. § ~>lO-1 uo!luale&l .~luno3 'x3 a. io ,'t2 puod II!1~ 0 o Cl._ t.- PURPOSE/DESCRIPTION OF PROJECT: The petitioner proposes a residential PUD with an interconnection to The Carlisle retirement facility to the east. The PUD permits single-family, two-family and duplex dwelling units at a density below the maximum permitted density of 3 dwelling units per acre. The entrance to the development shall be from Yarberry Lane. SURROUNDING LAND USE AND ZONING: Subject Parcel: Undeveloped property; zoned RSF-1 Surrounding: North: Orange Blossom Drive ROW, across which is the Emerald Lakes; zoned PUD (Emerald Lakes PUD; 3.54 dwelling units per acre) East: South: The Carlisle ALF; zoned A with a Conditional Use (floor area ratio of 0.45) Collier County. stormwater retention pond; zoned PUD (Sunshine Village PUD) West: Yarberry Lane ROW, across which is the Cay Lagoon subdivision; zoned PUD (Cay Lagoon PUD; 5.45 dwelling units per acre) and single-family homes; zoned RSF-1 (1 dwelling unit per acre) GROWTH MANAGEMENT PLAN CONSISTENCY: The subject property is designated Urban (Urban Mixed-Use District, Urban Residential Subdistrict) on the Future Land Use Map of the Growth Management Plan. This Subdistrict permits residential development (with a variety of unit types) at a base density of 4 dwelling units per acre. This district is intended to accommodate a variety of residential and non-residential uses, including mixed-use developments such as Planned Unit Developments. This project is located within a Traffic Congestion Area, as depicted on the Future Land Use Map and described in the FLUE, and so is subject to a 1 dwelling unit per acre reduction from the base density of 4 dwelling units per acre and is not eligible for any density bonuses. Therefore, this project is limited to a maximum density of 3 dwelling units per acre. 2 DEC 1 6 2003 Base Density Traffic Congestion Area Total Eligible Density 4 dwelling units per acre -1 dwelling units per acre 3 dwelling units per acre FLUE Policy 5.4 requires new land uses to be compatible with the surrounding area. Based upon the above analysis, Staff concludes the proposed uses and density of 2.99 units per acre may be deemed consistent with the Future Land Use Element. ANALYSIS: Staff completed a comprehensive evaluation of this land use petition and the criteria on which a favorable determination must be based. The listed criteria are specifically noted in Section 2.7.2.5 and Section 2.7.3.2.5 of the Land Development Code thus requiring staff evaluation and comment, and shall be used as the basis for a recommendation of approval or denial by the Planning Commission to the BCC (See Exhibit "A" and Exhibit "B"). These evaluations are completed as separate documents and are attached to the staff report. Appropriate evaluation of petitions for rezoning should establish a factual basis for supportive action by appointed and elected decision-makers. Environmental: The Environmental Advisory Council did not hear this petition. Although the parcel is larger than 10 acres and therefore eligible for submittal of an Environmental Impact Statement, a site visit revealed mostly previously disturbed land. For this reason, a waiver of the ElS requirements was granted. Transportation: The Transportation Services Department analysis required that the entrance to the project should be on Yarberry Lane, rather than Orange Blossom Drive, as requested by the petitioner. Utilities: Public utilities are currently available to the site. Planning: Under the Density Rating System, the PUD is eligible for a maximum of 35 dwelling units. The proposed PUD provides for a maximum of 35 dwelling units, resulting in a gross density of 2.99 dwelling units per acre, slightly less than the maximum of 3 dwelling units per acre indicated by the Density Rating System. The density of adjoining parcels to the north, east, and a portion of the west property lines is greate¥" "' the proposed density of 2.99 dwelling units per acre. The RSF-1 parcels to the west have a density ~)r ~ twelling unit per acre, but they are eligible to request a rezone of up to 3 dwelling units per acre, subject to the provisions of the density rating system. The maximum building height of 35 feet is compatible with the building heights of adjacent parcels. STAFF RECOMMENDATION: Staff analysis indicates that the proposed PUD is compatible with the surrounding area and consistent with the Future Land Use Element of the Growth Management Plan. Therefore, Zoning and Land Development Review Staff recommends that the Collier County Planning Commission forward Petition PUDZ-2003-AR-3905 to the Board of County Commissioners with a recommen [atign of appro.v, al, , subject to the PUD document attached to this Staff Report. 3 DEC 1 6 2003. PREPARED BY: FR AICP, PRINCIPAL PLANNER DEPARTMENT OF ZONING & LAND DEVELOPMENT REVIEW II. /7-o._5 DATE REVIEWED BY: ~A~//~__/k.,____~y ~ ,~ NNER t~LLO,, S, CHIEF PLA DEPARTMENT OF ZONING & LAND DEVELOPMENT REVIEW //-/e,- o3 DATE SUSAN MURRAY, AICP, INTERIM DIRECTOR DEPARTMENT OF ZONING & LAND DEVELOPMENT REVIEW DATE APPRO~ ,D BY: JOSEPH K. SCHMITT, ADMINISTRATOR DATE COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION Petition PUDZ-2003-AR-3905 Tentatively scheduled for the December 16, 2003 Board of County Commissioners Meeting. COLLIER COUNTY PLANNING COMMISSION: RUSSELL A. BUDD, CHAIRMAN ^GENOA DEC 1 6 2003 p~. /0 REZONE FINDINGS PETITION PUDZ-2003-AR-3665 Section 2.7.2.5. of the Collier County Land Development Code requires that the report and recommendations of the Planning Commission to the Board of County Commissioners shall show that the Planning Commission has studied and considered the proposed change in relation to the following, where applicable: Whether the proposed change will be consistent with the goals, objectives, and policies and Future Land Use Map and the elements of the Growth Management Plan. Staff analysis (see attached Staff Report) indicates that the proposed PUD is consistent with the goals, objectives, and policies of the Future Land Use Map and the other applicable elements of the Growth Management Plan. e The existing land use pattern; The parcel is adjacent to residential uses on the north, east and west. The zoning of the abutting property to the south is PUD but it is being used as a stormxvater management pond. According to the Growth Management Plan, the proposed rezone is consistent with the existing land use pattern. The possible creation of an isolated district unrelated to adjacent and nearby districts; The parcel is adjacent to two residential PUDs. Analysis of the surrounding uses indicates that the PUD will not create an isolated, unrelated zoning district. Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. The current district boundaries are logically drawn, since they are consistent with the Growth Management Plan. EXHIBIT "A" Page 1 of 4 DEC 1 6 2003 Whether changed or changing conditions make the passage of the proposed amendment necessary. The petitioner believes that changing market conditions favor the development of a higher density residential community on a currently undeveloped parcel. e Whether the proposed change will adversely influence living conditions in the neighborhood; The parcel is adjacent to existing residential uses, or uses compatible with residential uses. Therefore, the proposed PUD will not adversely affect living conditions in the neighborhood. Whether the proposed change will create or excessively increase traffic congestion or create types of traffic deemed incompatible with surrounding land uses, because of peak volumes or projected types of vehicular traffic, including activity during construction phases of the development, or othemvise affect public safety. Analysis by the Trar- ,ortation Services Division has determined that the proposed PUD will not increase tr, ,c congestion or create types of traffic deemed incompatible with surrounding land uses. Whether the proposed change ~vill create a drainage problem; The project will be required to obtain a permit from the South Florida Water Management District. Drainage problems should not be created when construction is done in accordance with the permit. Whether the proposed change will seriously reduce light and air to adjacent areas; All projects in Collier County are subject to the development standards of the zoning district in which they are located. These development standards are designed, at a minimum to maintain light and air circulation. EXHIBIT "A" Page 2 of 4 DEC 1 6 2003 10. Whether the proposed change will adversely affect property values in the adjacent area; An appraisal of estimated future property values resulting from a rezone was not required to be submitted. However, this site is adjacent to other residential uses and an adverse effect on property values is not anticipated. 11. Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations; The development of adjacent properties in accordance with existing regulations will not be affected. 12. Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasting with the public welfare; Since the proposed PUD has been found to be in compliance with the Growth Management Plan, the proposed change will not constitute a grant of special privilege. 13. Whether there are substantia! reasons why the property cannot be used in accordance with existing zoning; The property today could be used to construct one single-family house and guesthouse on each existing parcel, or to subdivide the parcel into 11 1-acre lots with a single family house on each lot. However, the Growth Management Plan permits a request to rezone the property to a density of up to 3 dwelling units per acre. Whether the change suggested is out of scale with the needs of the neighborhood or the County; Since the proposed PUD complies with the Growth Management Plan, it is not out of scale with the needs of the neighborhood or County. 15. Whether is it impossible to find other adequate sites in the County for the proposed use in districts already permitting such use. EXHIBIT "A" Page 3 of 4 [ EC 20C3 There are many similar parcels in the County. The petitioner wishes to construct residential uses on this parcel. 16. The physical characteristics of the property and the degree of site alteration which would be required to make the property usable for any of the range of potential uses under the proposed zoning classification. While site conditions may restrict the location and square-footage of the buildings, they would not render the property unusable. 17. The impact of development on the availability of adequate public facilities and services consistent with the levels of service adopted in the Collier County Growth Management Plan and as defined and implemented through the Collier County Adequate Public Facilities Ordinance, as amended. The rezoning of this property will eventually result in the creation of a residential development. The Site Development Plan or Plat will be reviewed for compliance with the Levels of Service required for public facilities in the area. EXHIBIT "A" Page 4 of 4 DEC 1 6 2003 PUD FINDINGS PETITION PUDZ-2003-AR-3665 Section 2.7.3.2.5. of the Collier County Land Development Code requires that the report and recommendations of the Planning Commission to the Board of County Commissioners be supported by the following findings, where applicable: The suitability of the area for the type and pattern of development proposed in relation to physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer, water, and other utilities. The Carlisle Regency PUD was found suitable for the type and pattern of development in the area. Utilities are available to the site. Detailed drainage calculations will be reviewed at the time of SDP or plat. Traffic and access issues xvere resolved with the Transportation Services Division. The physical characteristics of the land may limit the location of structures, but not the ability to construct them. Adequacy of evidence of unified control and suitability of any proposed agreements, contract, or other instruments, or for amendments in those proposed, particularly as they may relate to arrangements or provisions to be made for the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained at public expense. The petitioner has provided evidence that the PUD is under unified control. Conformity of the proposed PUD with the goals, objectives and policies of the Growth Management Plan. Staff analysis indicates that the Carlisle Regency PUD is consistent with the goals, objectives and policies of the Growth Management Plan. The internal and external compatibility of the proposed uses, which conditions may include restrictions on location of improvements, restrictions on design, and buffering and screening requirements. Staff analysis indicates that the Carlisle Regency PUD is compatible, both internally and externally, with the proposed uses and with the existing surrounding uses. e The adequacy of usable open space areas in existence and as proposed to serve the development. AC, E~A tXr:~. EXHIBIT "B" Page 1 of 2 DEC I 6 2003 The existing PUD is undeveloped and therefore consists entirely of open space. The proposed PUD will meet the LDC requirement for 60 percent open space in residential developments. The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. The PUD is required to meet concurrency requirements at the time of Site Development Plan or plat approval. The ability of the subject property and of surrounding areas to accommodate expansion. Ability to expand, as applied in this context, implies supporting infrastructure, such as wastewater disposal system, potable water supplies, characteristics of the property relative to hazards, and capacity of roads which is available to this site. Infrastructure is in place in the vicinity and its adequacy will be determined at the time of SDP or plat approval. Conformity with PUD regulations, or as to desirable mo.-fications of such regulations in the particular case, based on determination that such modifications are justified as meeting public purposes to a degree at least equivalent to literal application of such regulations. The proposed Carlisle Regency PUD conforms to PUD regulations or requests deviations that staff analysis finds justified. EXHIBIT "B" Pa~;e 2 of 2 ^GENOA DEC 1 6 2003 APPLICATION FOR PUBLIC HEARING FOR: [__]PUD REZONE ~--]PUD TO PUD REZONE Petition No.: Date Received: Planner Assigned: Commission District: ABOVE TO BE COMPLE:iED BY STAFF General Information: Name of Applicant(s) __ Applicant's Mailing Address __ City Coconut Grove Applicant's Telephone # Applicant's E-Mail Address: Name of Agent _Terrance Kepple Agent's Mailing Address__ City Naples Agent's Telephone # _403-1780 Agent's E-Mail Address: Stewart I Marcus, Trustee 3225 Aviation Ave., Suite 700 State FL Zip _~33133 305-860-8188 Fax # Firm 3806 Exchange Ave. State Kepple Engineering FL__ Zip __34104 Fax # 403-1787 02/27/03 Ap~-~__,:~lion For Public Hearing For PUD Rezone DEC I 6 2003 COLLIER COUNTY COMMUNITY DEVELOPMENT PLANNING SERVICES/CURRENT PLANNING 2800 N. HORSESHOE DRIVE-NAPLES, FL 34104 PHONE (941) 403-2400/FAX (941) 643-6968 *Be aware that Collier County has lobbyist regulations. Guide yourself accordingly and ensure that you are in compliance with these regulations. Complete the following for all Association(s) affiliated with this petition. (Provide additional sheets if necessary) Name of Homeowner Association: Mailing Address City State __ Zip Name of Homeowner Association: Mailing Address City State __ Zip. Name of Homeowner Association: Mailing Address City State __ Zip Name of Master Association: Mailing Address City State __ Zip Name of Civic Association: Mailing Address City State __ Zip 2. Disclosure of Interest Information: If the property is owned fee simple by an INDIVIDUAL, tenancy by the entirety, tenancy in common, or joint tenancy, list all parties with an ownership interest as well as the percentage of such interest. (Use additional sheets if necessary). Name and Address Percentage of Ownership 02/27/03 Application For Public Hearin~ For PUD Rezone BEC 1 6 2003 If the property is owned by a CORPORATION, list the officers and stockholders and the percentage of stock owned by each. Name and Address, and Office Percentage of Stock If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with the percentage of interest. Name and Address Percentage of Interest Stewart Marcus ~100% If the property is in the name of a GENERAL or LIMITED PARTNERSHXP, list the name of the general and/or limited partners. Name and Address Percentage of Ownership eo If there is a CONTRACT FOR PURCHASE, with an individual or individuals, a Corporation, Trustee, or a Partnership, list the names of the contract purchasers below, including the officers, stockholders, beneficiaries, or partners. Name and Address 02d'27/03 Application For Public Hearing For PUD Rezone Percentage of Ownership Date of Contract: If any contingency clause or contract terms involve additional parties, list all individuals or officers, if a corporation, partnership, or trust. Name and Address g. Date subject property acquired (X) leased ( ):_10/5/98, Term of lease yrs./mos. If, Petitioner has option to buy, indicate date of option: terminates: , or anticipated closing date and date option Should any changes of ownership or changes in contracts for purchase occur subsequent to the date of application, but prior to the date of the final public hearing, it is the responsibility of the applicant, or agent on his behalf, to submit a supplemental disclosure of interest form. Detailed legal description of the property covered by the application: (If space is inadequate, attach on separate page.) If' request involves change to more than one zoning district, include separate legal description for property involved in each district. Applicant shall submit four (4) copies of a recent survey (completed within the last six months, maximum 1" to 400' scale) if required to do so at the pre-application meeting. NOTE: The applicant is responsible for supplying the correct legal description. If questions arise concerning the .legal description, an engineer's certification or sealed survey may be required. Section: Town ship: Range: Lot: Block: Subdivision: Plat Book Page #:__ Property I.D.#: Metes & Bounds Description: SE ¼ ofNW % of SE ¼ of Section 2, Township 49 South, Range 25 East, less the West 30 feet and N ½ of NE 1/4 of SW IA of SE % of Sec 2, Twp Rng 25 E, Less 40 It R/W. Size of property: _792 It. X __641__ It. = Total Sq. Ft. Acres_17.9_ 5. Address/general location of subject property: Blossom Dr and Yarberry Lane Southeast intersection of 02/27/03 Application For Public Hearint For PUD Rezone }ran~~lv-9~ DEC 1 6 2003 Pg. ,~ PUD District (LDC 2.2.20.4): Adiacent zoning and land use: Zoning N PUD S RSF-I~ E A w/CU W RSF-1 X Residential [~ Community Facilities [---] Commercial I--] Industrial Land use Emerald Lakes ~Single family. The Carlisle (retirement housing) & vacant land Yarberry Lane Does the owner of the subject property own property contiguous to the subject property? If so, give complete legal description of entire contiguous property. (If space is inadequate, attach on separate page). NO Section: Township: Range: Lot: Block: Subdivision: Plat Book Page #:__ Property I.D.#: Metes & Bounds Description: Rezone Request:. This application is requesting a rezone from the RSF-1 zoning district(s) to the PUD zoning district(s). Present Use, "roperty: Vacant - old farm land a.,~d Proposed Use (or range of uses) of the property: Original PUD Name: PUD for single family Ordinance No.' ~)USI~__~~ DEC 16 20O3 9. Evaluation Criteria: Pursuant to Section 2.7.2.5 and Sec. 2.7.3.2.5 of the Collier County Land Development Code, staff's analysis and recommendation to the Planning Commission, and the Planning Commission's recommendation to the Board of County Commissioners shall be based upon consideration of the applicable criteria noted below. Provide a narrative 02/27/03 Ai~uc,~lon For Public Hearinl;For PUD Rezone statement describing the rezone request with specific reference to the criteria noted below. Include any backup materials and documentation in support of the request. PUD Re[one Considerations (LDC Section 2. 7.3. 2. 5) o ~hi: 5. The suitability of the area for the type and pattern of development proposed in relation to physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer, water, and other utilities. 8. Adequacy of evidence of unified control arm suitabihty of any proposed agreements, contract, or other instruments, or for amendments in those proposed, particularly as they may relate to arrangements or provisions to be made for the continuing operation and maintenance of such areas and faciBties that are not to be provided or maintained at pubBc expense. Findings and recommendations of this type shall be made only after consultation with the county attorney. Conformity of the proposed PUD with the goals, objectives and policies of the growth management plan. The internal and external compatibility of proposed uses, which conditions may include restrictions on location of improvements, restrictions on design, and buffering and screening requirements. The adequacy of usable open space areas m existence and as proposed to serve the development. The timing or sequence of development for the purpose of assuring the adequacy of available improvements ami facilities, both public atut private. The ability of the subject property and of surrounding areas to accommodate expansion. Conformity with PUD regulations, or as to desirable modifications of such regulations in the particular case, based on determination that such modifications of justified as meetmg public purposes to a degree at least equivalent to literal application of such reomdations. Deed Restrictions: The County is legally precluded from enforcing deed restrictions, however, many communities have adopted such restrictions. You may wish to contact the civic or property owners association in the area for which this use is being requested in order to ascertain whether or not the request is affected by existing deed restrictions. 10. Previous land use petitions on the hearing been held on this property within the last year? hearing? 02.r27/03 Application For Publl~ H~artn~ For PUD Rezone subject property: To your knowledge, has a public If so, what was the nature of that BEC 1 6 2003 11. Additional Submittal re~luirements: In addition to this completed application, the following shall be submitted in order for your application to be deemed suf~cient, unless otherwise waived during the pre-application meeting. a. A copy of the pre-application meeting notes; If this rezone is being requested for a specific use, provide twenty (20) copies (this includes: HUI if affordable housing, Joyce Ernst, if residential and Immokalee/Water Sewer District, if in Immokalee) ora 24" x 36" conceptual site plan [and one reduced 81/2" x 11' copy of site plan], drawn to a maximum scale of 1 inch equals 400 feet, depicting the following [Additional copies of the plan may be requested upon completion of staff evaluation for distribution to the Board and various advisory boards such as the Environmental Advisory Board (EAB), or CCPC]; · all existing and proposed structures and the dimensions thereof, provisions for existing and/or proposed ingress and egress (including pedestrian ingress and egress to the site and the structure(s) on site), all existing and/or proposed parking and loading areas [include matrix indicating required and provided parking and loading, including required parking for the disabled], · required yards, open space and preserve areas, · proposed locations for utilities (as well as location of existing utility services to the site), · proposed and/or existing landscaping and buffering as may be required by the County, c. An architectural rendering of any proposed structures. ti. An Environmental Impact Statement (EIS), as required by Section 3.8. of the Land Development Code (LDC), or a request for waiver if appropriate. 02/27/03 Application For Public Heart~ For PUD Rezone Whether or not an EIS is required, two copies of a recent aerial photograph, (taken within the previous twelve months), minimum scale of one inch equals 400 feet, shall be submitted. Said aerial shall identify plant and/or wildlife habitats and their boundaries. Such identification shall be consistent with Florida Department of Transportation Land Use Cover and Forms Classification System. Additionally, a calculation of the acreage (or square feet) of native vegetation on site, by area, and a calculation a~ a locAug~qq~thg/ required portion of native vegetation to be preserved (per LDC Sectic 3.~5..5.4.).Lg~ ~ DEC 1 6 2003 f. Statement of utility provisions (with all required attachments and sketches); g. A Traffic Impact Statement (TIS), unless waived at the pre-application meeting; h. A historical and archeological survey or waiver application if property is located within an area of historical or archaeological probability (as identified at pre-application meeting); i. Any additional 'requirements as may be applicable to specific conditional uses and identified during the pre-application meeting, including but not limited to any required state or federal permits. j. An electronic version of the PUD on a disk as part of this submittal package. k. Boundary Survey, no more than six months old - LDC Section 2.7.3.1.2.(8) Please be advised that Section 2.7.2.3.2 (3) of the Land Development Code requires an applicant to remove their public hearing advertising sign (s) after final action is taken by the Board of County Commissioners. Based on the Board's final action on ~ ~ item, pleas~eremove all public hearing advertising sign (s) immediately. 02/27/03 Application For Public Hearin~ For PUD Rezone STATEMENT OF UTILITY PROVISIONS FOR PUD REZONE REQUEST NAME OF APPLICANT: Stewart Marcus, Trustee 2. MAILING ADDRESS: ~3225 Aviation Ave., Suite 700 CITY Coconut Grove STATE FL ZIP __33133__ 3. ADDRESS OF SUBJECT PROPERTY (IF AVAILABLE): LEGAL DESCRIPTION: Section: ' 2__ Township: j49 S Lot: Block: __ Subdivision: Plat Book Page #: Metes & Bounds Description: ~ Range: __25 E Property I.D.#:__ ~~/;-o£ SeCtion 2, "" ~:- ~ (GPD TYPE OF SEWAGE DISPOSAL TO BE PROVIDED (Check applicable system): COUNTY UTILITY SYSTEM X b. CITY UTILITY SYSTEM c. FRANCHISED UTILITY SYSTEM PROVIDE NAME d. PACKAGE TREATMENT PLANT [--] capacity) ~. SEPTIC SYSTEM [--] TYPE OF WATER SERVICE TO BE PROVIDED: a. COUNTY UTILITY SYSTEM b. CITY UTILITY SYSTEM c. FRANCHISED UTILITY SYSTEM PROVIDE NAME d. PRIVATE SYSTEM (WELL) 02/27/03 Ap~__ic=~on For Public Hearing For PUD Rtaon~. X DEC 1 6 2003 10. 11. 12. TOTAL POPULATION TO BE SERVED: 112 PEAK AND AVERAGEDAILY DEMANDS: A. WATER-PEAK __1759 gph AVERAGE DAILY__16,875__gpd__ B. SEWER-PEAK __1166 gph AVERAGE DAILY__11200 gpd IF PROPOSING TO BE CONNECTED TO COLLIER COUNTY REGIONAL WATER SYSTEM, PLEASE PROVIDE THE DATE SERVICE IS EXPECTED TO BE REQUIRED: 2005 . NARRATIVE STATEMENT: Provide a brief and concise narrative statement and schematic drawing of sewage treatment process to be used as well as a specific statement regarding the method of affluent and sludge disposal. If percolation ponds are to be used, then percolation data and soil involved shall be provided from tests prepared and certified by a professional engineer. COLLIER COUNTY UTILITY DEDICATION STATEMENT: If the project is located within the services boundaries of Collier County's utility service system, written notarized statement shall be provided agreeing to dedicate to Collier County Utilities the water distribution and sewage collection facilities within the project area upon completion of the construction of these facilities in accordance with all applicable County ordinances in effect at the at time. This statement shall also include an agreement that the applicable system development charges and coy :tion fees will be paid to the County Utilities Division prior to the issuance of building perni~s by the County. If applicable, the statement shall contain shall contain an agreement to dedicate the appropriate utility easements for serving the water and sewer systems. STATEMENT OF AVAILABILITY CAPACITY FROM OTHER PROVIDERS: Unless waived or otherwise provided for at the pre-application meeting, if the project is to receive sewer or potable water services from any provider other than the County, a statement from that provider indicating that there is adequate capacity to serve the project shall be provided. Utility Provision St~ement ILIM 10~17/97 02/27/03 Application For Public Heta~ng For PUD Rezone A~N~A I~,~ DEC 1 6 2003 Page 1 of 1 Fo,o .o. II 00236920006 II Current Ownership Property Addressll NO SITE ADDRESS Owner Name]l MARCUS TR, STEWART I Addresses [ CIO CLINTON INTRNL GROUP INC 3225 AVIATION AVE STE 700 I c~wll M,AM~II Statell FL II z'Pll 331a3-4741 Legal I 2 49 25 Sll2 OF SEl/4 OF NWl/4 I oF sE ,/4, .Wl/4 oF SE,/4 oF 11 .w1/4 oF sE1/4, LESS W 30FT Illl*F°rR/wm°re than four lines of Legal Descri pti on please call the Property Appraiser's Office. Section ti Township It Range II Acres II Map Strap No. i 114925o2 0, S.0004A021 '~ Millage 13.1244 2003 Final Tax Roll Values Latest Sales History Land Value II $ 724,000.0011 Date II Book- Page 11 (+) lmproved Value II ~o.ooll lo/199s II 2465-2,59 II (=) Market Value ]{ $ 724,000.00 i I 10/1998II 2455- 2,57 (-) SOH Exempt Value Jl $0.00 1[ 10/1998 Il 2468-2155 (=) Assessed Value )l $ 724,000.00 $ 0.00 I (-) Homestead and other Exempt Value (=) Taxable Value II $ 724,000.00 SOH = "Save Our Homes" exempt value due to cap on assessment increases. Amount $ 0.00 $ o.oo $ 825,000.00 The Information is Updated Weekly. http ://www.collierappraiser.com/RecordDetail.asp?FoliolD=0000000236920006 AGENDA ITEM// DEC t 6 2003 11/17/2003 PUD REZONE APPLICATION SUBMITTAL CHECKLIST THIS COMPLETED CHECKLIST IS TO BE SUBMITTED WITH APPLICATION PACKET~ REQUIREMENTS oF NOT COPIES REQUIRED REQUIRED 1. Completed ApplicatiOn/PUD documents 24* 2. Copy of Deed(s) and list identifying Owner(s) and all Partners if a Corporation 3. Completed Owner/Agent Affidavit, Notarized 2* 4. Pre-application notes/minutes 24* 5. Conceptual Site Plans 24* 6. Environmental.Impact Statement- (ELS) 4 7. Aerial Photograph - (with habitat areas identified) 8. Completed Utility Provisions Statement (with required 4 attachments and sketches) 9. Traffic Impact Statement- (TIS) 4 10. Historical & Ar, chaeologicai Survey or Waiver 4 Application 11. Copies of State and/or Federal Permits 4 12. Architectural Rendering of Proposed Structure(s) 4 13. Pre-Application Fee, Application Fee and Data _ Conversion Fee Check shall be made payable to Collier County Board of Commissioners 14. An electronic version of the PUD on a disk as part of the submittal packet. 15. PUBLIC PARTICIPATION MEETING: APPLICATION SUBMITTAL: Copy of Affidavit attesting that all property owners, civic associations and.property owner associations were notified. Copy of audio/video recording of public meeting. Written account of meeting. 16. Affordable Housing Density Bonus Agreement 4 including all Appendices and Exhibits. 17. Boundary Survey (no more than 6 months old) 5 18. OTHER REQUIREMENTS: * Documents required for Long-Range Planmng Review * 1 additional copy ff for affordable housing As the authorized agent/applicant for this petition, I attest that all of the information indicated on this checklist is included in this submittal package. I unclershand that failure to include all necessary submittal information may result in the delay of processing this petition. Agent/Applicant Signature 02/27/03 Application For Public Hearing For PUD Rezone i~el 6 2003 AFFIDA FIT · -in- t;rst duly sworn, depose oa~l say that wall am/are WI~ Stewar~ ~rcus ~. ~._~ ~. g,J~ .... ~- -.~.;.,,., .,ntter o£ the proposed hearing; that all the answ, rs to the questions in this applicatmn, including the disclo.rur¢ of interest information, all sketche~ data. and other sut~plementary matter attached to and mad~ a part of this application, are ~ and true to the best of our knowledge and belief. We. Il understa~M that th~ information requested on this application must be complete and accurate and that the content of this not be altered. Public hearings will not be form, whether computer gert~rated or County pr~nteH shall has bee~t advertised until ti~s appliactlion is deemed complete, and all required information subrnitted to act as KEPPLE E~GI .~_~JS -- our/~ rcpr¢2~ntati~¢ ~n a~ m~rttem Signature of Property Owner Stewart Marcus, Trustee Typed or Printed Naz. t of Ow.er Typed or Printed Name of Owner Stat, of Florida County of Collier (Signature of Notary Public - State of ..,,~.,,~% 3~lone B. Wildenbu~ %/,~,~o' Aristotle BoMing~o.,In~ Ed bldL..qO:gO EOOE £E 9~£0 609 ~S6: DEC 1G 2003 (I~ll:t~Elcl~Dt'41 NODE]~:I: ~ TRAFFIC IMPACT STATEMENT (TIS): A TIS is required unless waived at the pre-application meeting. The TIS required may be either a major or minor as determined at the pre-application meeting. Please note the following with regard to TIS submittals: MINOR TIS: Generally required for rezone requests for property less than 10 acres in size, although based on the intensity or unique character of a petition, a major TIS may be required for petition often acres or less. MAJOR TIS: Required for all other rezone requests. A minor TIS shah include the following: Trip Generation: (at build-out) Annual Average Dally Traffic Peak Hour (AM)T) Peak Season Daily Traffic Peak Hour (PSDT) 2. Trip Assignment: Within Radius of Development Influence (RDI) 3. Existing Traffic: Within RDI AADT Volumes PSDT Volumes Level of Service (LOS) 4. Impact of the proposed use on affected major thoroughfares, including any anticipated changes in level of service (LOS). 5. Any proposed improvements (to the site or the external right-of-way) such as providing or eliminating an ingress/egress point, or providing turn or decel lanes or other improvements. 6. Describe any proposal to mitigate the negative impacts on the transportation system. For Rezones Only: State how this request is consistent with the applicable policies of the Traffic Circulation Element(TCE) of the Growth Management Plan (GMP), including policies 1.3, 1.4, 4.4, 5.1,5.2, 7.2 and 7.3. A Major TIS shall address ali of the items listed above (for a Minor TIS, and shall also include an analysis of the following: 1. Intersection Analysis 2. Background Traffc 3. Future Traffic 4. Through Traffic 5. Planned/Proposed Roadway Improvements 6. Proposed Schedule (Phasing) of Development 02/27/03 Application For Public Hearing For PUD Rezone AOI~NOA ITeM DEC 1 6 2003 ,30_ TRAFFIC IMPACT STATEMENT {TIS} STANDARDS: The following standards shall be used in preparing a TIS for submittal in conjunction with a conditional use or rezone petition:-- Trip Generation: Provide the total traffic generated by the project for each link within the project's Radius of Development Influence (RDI) in conformance with the acceptable traffic engineering principles. The rates published in the latest edition of the Institute of Transportation Engineers (ITE) Trip Generation Report shall be used unless documentation by the petitioner or the County justifies the use of alternative rates. Trip Assienment: Provide a map depicting the assignment to the network, of those trips generated by the proposed project. The assignment shall be made to all links within the RDI. Both annual average and peak seasonal traffic should be depicted. 3. Existing, Traffic: Provide a map depicting the current traffic conditions on all links within the RDI. The AADT, PSDT, and LOS shall be depicted for all links within the RDI. 4. Level of Service {LOS): The LOS of a roadway shall be expressed in terms of the applicable Collier County Generalized Daily Service Volumes as set forth in the TCE of the GMP. $. Radius of Development Influence (RDI): The TIS shall cover the least of the following two areas: a ) an area as set forth below; or, b) the area in which traffic assignments from the proposed project on the major thoroughfares exceeds one percent of the LOS "C". Land Use Distance Residential 5 Miles or as required by DRI Other (commercial, industrial, institutional, etc.) 0 - 49, 999 Sq. Ft. 2 Miles 50,000 - 99, 999 Sq. Ft. 3 Miles 100,000 - 199, 999 Sq. Ft. 4 Miles 200,000 - 399, 999 Sq. Ft 5 Miles 400,000 & up 5 Miles In describing the RDI the TIS shall provide the measurement in road mil~ project rather than a geometric radius. DEC 1 6 2003 the pi u'posedTM Intersection Analysis: An intersection analysis is required for all intersections within the RDI where the sum of the peak-hour critical lane volume is projected to exceed 1,200 Vehicles Per Hour (VPH). 7. Background Traffic: The effects of previously approved but undeveloped or partially developed projects which may affect major thoroughfares within the RDI of the proposed 02/27/03 Application For Public Uearin~ For PUD Rezone e 10. I1. project shall be provided. This information shall be depicted on a map or, alternatively, in a listing of those projects and their respective characteristics. Future Traffic: An estimate of the effects of traditional increases in traffic resulting from potential development shall be provided. Potential development is that which may be developed maximally under the effective Future Land Use Element (FLUE) and the Collier County Land Development Code. This estimate shall be for the projected development areas within the projects RDI. A map or list of such lands with potential traffic impact calculations shall be provided. Through Traffic: At a minimum, increases in through traffic shall be addressed through the year 2015. The methodology used to derive the estimates shall be provided. It may be desirable to include any additional documentation and backup data to support the estimation as well. Planned/Proposed Roadway Improvements: All proposed or planned roadway improvements located within the RDI should be identified. A description of the funding commitments shall also be included. Project Phasine: When a project phasing schedule is dependent upon proposed roadway improvements, a phasing schedule may be included as part of the TIS. If the traffic impacts ora project are 'mitigated through a phasing schedule, such a phasing schedule may be made a condition of any approval. NOTICE: This application will be considered "open" when the determination of"sufficiency" has been made and the application is assigned a petition processing number. The application will be considered "closed" when the petitioner withdraws the application through written notice or ceases to supply necessary information to continue processing or otherwise actively pursue the rezoning for a period of six (6) months. An application deemed "closed" will not receive further processing and an application "closed" through inactivity shall be deemed withdrawn. An application deemed "closed" may be re- opened by submitting a new application, repayment of all application fees and granting of a determination of"sufficiency". Further review of the project will be subject to the then current code. (LDC Section 2.2.20.2.3) 02/27/03 Appilcagh~n For Public Heartn~ For PUD Rezone DEC 1 6 20O3 0It: 2168 PG: 2160 IN WITNESS WHEREOF, li~ said grantor has sign~ and sealed these presents fl~e day and yea~ fir~ abov~ wriUen. Signext, sealed and deliw-mex:! in our pre~-nce: Witness i - Print~i Nam~ W'm~ess 2 - Prin~l N~-ne Lea A. Civ¢lio STATE OF Ma.ssach~ coum'v o~ ~ef., ~~~.oing Trust's Deed was acknowl~gexi befor~ me this day of ,1998 by ~ A. Civello, as Truste~ who is pemonally known io me or who has Commission No. (Seal) DEC ! 6 2003 pg. ~ THIS INSTRUMENT PREPARED BY: Fla. Bar No. 136571 Vogek Davis & Vogel. P.A. So~ B, MidweM ~'lde Bldg. 3936 Tamiami Trail Ncnb (94 !) 262-221 ! PREPARATION ONLY WITHOUT OPINION 2380652 OR: 2468 PG: 2159 ltltl/ll tt Il:Ii ~ I. I~, ~ ~ ~ 11.~ ~-.70 TRUSTEE'S DEED THIS TRUSTEE~ DFJ~) ~ the 50] day of October, 1998, by Lea A. Civcllo as Trustoe under Agreement dated Febrtmry 5, 1991, hereinafter called the Grantor, to Sl~svnr~ I. MJ,-~.,u, granite. 3225 Av"J~t.J.c~ Ave, Ste 700, (2oc~-u.~t G_-'ov~,FL 33].33 (Whnce~ used hncin the tats "ipantot)' ~xi "gnntc~" incl~l~ ~1 the pm~ies to ~ instrument and the heirs, legal rq~esentatives and ~ssigns of the individuals, and the successors a~ assigns of corporations.) WITNESSE'FH: That the grantor, for and in consideration of the sum of $10.O0 and other valuable cortsiderations, receipt whereof is hereby acknowledged, hereby grants, bargains, sells, aliens, rcmises, releases, conveys and confirms unto the grantee, all tt~! certain land sit,_]~e in Collier County, Florida, viz: Thc Southeast F4 of the Northwes~ 1/4 of the Southeast 1/4 of Section 2, Township 49 South, Range 25 East, Collier County, Florida, less the West 30 fect thereof. Property I.D. Number:. GRANTOR fur0]a' wananE 0]at the Within describecl property is not nor cvcr has been homestead propcay nor is it adjacent to my homestead, nor does any member of my tinnily reside thereon, and that thc grantor's lesq~J address is: 6825 Grcrmdier Blvd., AI~- 604, Nar)les, FL 34108-7217 'l~c ben(:fits and oblilptions hereunder shall inure to and be binding upon the heirs, cxecutors, ad~rninisUsto~ ~ ~zl nssigns of thc Grantee, and the Grantor does hereby fully warrant thc title to said propcrty and will defend the same ngain~t lawful claims of nH pcrsons claiming by, through and under Caantor, but against nonc other; and that said land is rice of all encum~ except taxes accnting subsequent to December :3 !, i 997. DEC 1 6 2003 ORDINANCE NO. 03 - ~ AN ORDINANCE OF THE BOARD OF COIFNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING THE COLLIER COUNTY LAND DEVELOPMENT CODE (ORDINANCE NUMBER 91-102, AS AMENDED), WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA BY AMENDING THE OFFICLa, L ZONING ATLAS MAP NU~fBERED 9502S; BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM "RSF-I" TO PLANNED LrNIT DEVELOPMENT (PUD) TO BE KNOWN AS THE CARLISLE REGENCY PUD LOCATED AT THE SOUTHEAST CORNER OF THE INTERSECTION OF ORANGE BLOSSOM DRIVE AND YARBERRRY LANE, IN SECTION 2, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 17.9+ ACRES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Terrance Kepple, PE, of Kepple Enganeenng Inc., representing Stewart 1. Marcus, Trustee, petitioned the Board of County Commissioners to change the zoning classification of the herein described real property. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of Collier County., Florida, that: SECTION ONE.'. The zoning classification of the herein described real property located in Section 2, Township 49 South, Range 25 East, Collier County., Florida, is changed from "RSF-I" to Planned Unit Development (PUT)) in accordance with the Carlisle Regency PUD Document, attached hereto as Exhibit "A" and incorporated by reference herein. The Official Zoning Atlas Map numbered 9502S as described in Ordinance Number 91-102, the Collier County Land Development Code, is hereby amended accordingly. SECTION 'I%VO: This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this __ day of ,. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA ATTEST: DWIGHT E. BROCK, CLERK BY: TOM HENNING, CHAIRMAN Approved as to Form ¢iciency Patrick G. White Assistant County Attorney PUDZ-2003-AR-3905/FRAo DEC 1 6 2003 3..<" 2ND RE-SUBMITTAL PUDZ-2003-AR-3905 PROJECT #2002100034 DATE: 9/30/03 FRED REISCHL Carlisle Regency PUD A Planned Unit Development Prepared for: Stewart Marcus 3225 Aviation Ave. Ste 700 Miami, Florida, 33133 Prepared by: Kepple Engineering, Inc. 3806 Exchange Ave. Naples, FL 34104 Date Filed Date Revised Date Reviewed by CCPC Date Approved by BCC Ordinance Number DEC 1 6 2003 Table of Contents Table of Contents List of Exhibits Statement of Compliance Section I Section Section 121 Section IV Property Ownership and Description Project Development Requirements Residential Areas Plan Development Commitments Page I II 2-3 4-5 6-10 11-14 DEC 1 6 2003- List of Exhibits Exhibit "A" PUD Master Plan Exhibit "B" PUD Water Management Plan DEC 1 6 2003 o STATEMENT OF COMPLIANCE The development of approximately 11.7 +/- acres of property in Collier County, as a Planned Unit Development to be known as Carlisle Regency PUD will be in compliance with the planning goals and objectives of Collier County as set forth in the Collier County Growth Management Plan (GMP). The residential facilities of the Carlisle Regency PUD will be consistent with the growth policies, land development regulations, and applicable comprehensive planning objectives for the following reasons. The location of the subject property in relation to existing or proposed community facilities and services permits the development's residential density as described in Objective 2 of the Future Land Use Element (FLUE). The project development is compatible and complimentary to surrounding land uses as required in Policy 5.4 of the FLUE. Improvements are planned to be in compliance with applicable sections of the Collier County Land Development Code (LDC) as set forth in Objective 3 of the FLUE. The project development will result in an ~.t.~c~ent and economical allocation of community facilities and services as required in Policies 3.1G of the FLUE. The project development is planned to protect the functioning of natural drainage features and natural ground water aquifer recharge areas as described in Objective 1.5 of the Drainage Sub-Element of the Public Facilities Element. The project is located within the Urban Mixed Use District, Urban Residentaial Subdistrict. The projected density of 2.99 dwelling units per acre (35 units) is in compliance with the FLUE of the GMP based on the following relationships to required criteria: Bas,. ~,c~ Jty Traffic Congestion Area Maximum Permitted Density 4 dwelling units/acre - 1 dwelling unit/acre 3 dwelling units/acre All final local development orders for this project are subject to Division 3.15, Adequate Public Facilities, of the Collier County LDC. DEC 1 6 2003 1.1 SECTION I PROPERTY OWNERSHIP AND DESCRIPTION pURPOSE The purpose of this Section is to set forth the location and ownership of the property, and to describe the existing conditions of the property proposed to be developed under the project name of the Carlisle Regency PUD. 1.2 LEGAL DESCRIPTION The subject property being 11.7 +/- acres, is located in Section 2, Township 49 South, Range 25 East, and is fully described as: SE lA of NW IA of SE 1/4, Sec 2. Twp 49, Rng 25 E less W 30 feet for POW 1.3 PROPERTY OWNERSHIP The subject property is owned ' y: Stewart Marcus, Trustee 3225 Aviation Ave. Ste 700 ~liami. FL 33133 1.4 GENERAL DESCRIPTION OF PROPERTY AREA A. The subject property, is located on the South side of Orange Blossom Dr. immediately east of Yarberl-y Lane. B. The project site is currently zoned RSF-1 and is proposed to be rezoned to PUD. 1.5 PHYSICAL DESCRIPTION The project site is located xvithin the Airport Rd. Drainage Basin according to the Collier County Drainage Atlas. The proposed outfall for the project is the Airport Rd canal, via the Carlisle PUD detention system. The peak discharge rate from the design storm will be limited to 0.06 cubic feet per second/acre per Collier County Ordinance No. 90-10. Natural ground elevation is approximately 10.0 feet NGVD. TN located within FEMA Flood Zone "X" with no base flood elevation entire site is ~pec~l~Gl~k'~OA rrt~ 16 20O3 1.6 1.7 The water management system for the project proposed the construction of a perimeter berm with crest elevation set at or above the 25-year, 3-day peak flood stage. Water quality pretreatment is proposed in the on-site detention system prior to discharge to the Carlisle PUD water management system and Airport Road canal. The water management system will be permitted by Collier County in accordance with the South Florida Water Management District (SFWMD) requirements. All rules and regulations of SFWMD will be imposed upon this project including but not limited to: storm attenuation with a peak discharge rate of 0.06 cfs/acre; minimum roadway centerline, perimeter berm and finished floor elevations; water quality pre-treatment; and wetland hydrology maintenance. Per Collier County Soil Legend, dated January 1990, the soil type found within the limits of the property is #2 - Holopaw Fine Sand. The site was used as a farm many years ago and the vegetation consists primarily of exotic vegetation with some minimal second growth Slash Pine and Cabbage Palm. PROJECT DESCRIPTION The Carlisle Regenc.5 PUD is an age-restricted residential project composed of a ma.ximum of 35 residential units. These residential units are projected to be developed as: detached single-family homes or two-family dwellings. Recreational facilities may be provided in conjunction with the dwelling units. Residential land uses, recreational uses, and signage are designed to be harmonious with one another in a natural setting by using common architecture, quality screening/buffering and native vegetation, whenever feasible. SHORT TITLE This Ordinance shall be known and cited as the "Carlisle Regency Planned Unit Development Ordinance". DEC 1 6 2003 2.1 SECTION II PROJECT DEVELOPMENT REQUIREMENTS PURPOSE 2.2 The purpose of this Section is to delineate and generally describe the project plan of development, relationships to applicable County ordinances, the respective land uses of the tracts included in the project, as well as other project relationships. GENERAL A. Regulations for development of the Carlisle Regency PUD shall be in accordance with the contents of this document, PUD - Planned Unit Development District and other applicable sections and parts of the Collier County LDC and GMP in effect at the time of issuance of any development order to which said regulations relate which authorizes the construction of improvements, such as but not limited to final subdivision plat, final site development plan, excavation permit and preliminary work authorization. Where these regulations fail to provide development standards, then the provisions of the most similar district in the LDC shall apply. B. Unless otherwise noted, the definitions of al crms shall be the same as the definitions set forth in the Collier County LDC in effect at the time of building permit application. C. All conditions imposed and graphic material presented depicting restrictions for the development of the Carlisle Regency PUD shall become part of the regulations which govern the manner in which the PUD site may be developed. D. All applicable regulations, unless specifically waive'd through a variance or separate provision provided for in this PUD Document, shall remain in full force and effect. 2.3 E. Development permitted by the approval of this petition will be subject to a concurrency review under the provisions of Division 3.15 Adequate Public Facilities of the Collier County LDC at the earliest, or next, to occur of either final site development plan approval, final plat approval, or building permit issuance applicable to this development. DESCRIPTION OF PROJECT DENSITY OR INTENSITY OF LAND USES A maximum of 35 dwelling units shall be constructed in the residential areas of the project. The gross project area is 11.7 +/- acres. The gross densit, shall~l~l~lIA~ 4 DEC 1 6 2003 maximum of 2.99_units per acre. 2.4 RELATED PROJECT PLAN APPROVAL REQUIREMENTS A. The general configuration of the land uses are illustrated graphically on Exhibit "A", the PUD Master Plan, which constitutes the required PUD Development Plan. Any division of the property and the development of the land shall be in compliance with the PUD Master Plan, Division 3.2 Subdivisions of the LDC, and the platting laws of the State of Florida. B. The provisions of Division 3.3, Site Development Plans of the LDC, when applicable, shall apply to the development of all platted tracts, or parcels of land as provided in said Division 3.3 prior to the issuance of a building permit or other development order. C. Appropriate instruments will be provided at the time of infrastructure improvements regarding any dedication to Collier County and the methodology for providing perpetual maintenance of common facilities. 2.5 MODEL UNITS AND SALES FACILITIES A. In conjunction with the promotion of the development, residential units may be designated as models. Such model units shall be governed by Section 2.6.33.4 of the Collier County LDC. B. Temporary sales trailers and construction trailers can be placed on the site after site development plan approval and prior to the recording of Subdivision Plats, subject to the other requirements of Section 2.6.33.3 of the LDC. 2.6 PROVISION FOR OFF-SITE REMOVAL OF EARTHEN MATERIAL The excavation of earthen material and its stock-piling in preparation of water management facilities or to otherwise develop water bodies is hereby permitted. Off-site disposal is also hereby permitted subject to the following conditions. A. Excavation activities shall comply with the definition of a "Development Excavation" pursuant to Section 3.5.5.1.3 of the LDC, whereby off-site removal shall be limited to 10 percent of the total volume excavated but not to exceed 20,000 cubic yards. B. All other provisions of Division 3.5 Excavation of the Land Development Code shall apply. DEC 1 6 2003 3.1 3.2 3.3 SECTION III RESIDENTIAL AREAS PLAN PURPOSE The purpose of this Section is to identify specific development standards for the Residential Areas as shown on Exhibit "A", PUD Master Plan. MAXIMUM DWELLING UNITS The maximum number of residential dwelling units within the PUD shall be 35 units. PERMITTED USES No building, structure or part thereof, shall be erected, altered or used, or land used, in whole or part, for other than the following: A. Permitted Principal Uses and Structures: 1. Single family dwellings (includes zero-lot line). 2. Two family dwellings and duplexes. B. Permitted Accessory Uses and Structures: 1. Customary accessory uses and structures including carports, garages, and utility buildings. 2. Recreational uses and facilities including swimming pools, walking paths, picnic areas, recreation buildings, verandas, and shuffle board courts. 3. Manager's residences and offices, temporary sales trailers, and model units, (Sec. 2.5, as applicable). 4. Gatehouse. 5. Essential services, including maintenance facilities. 6. Water management facilities, habitat areas. interim and permanent utility and including those within any natural 3.4 7. Recreational facilities, such as boardwalks, walking paths and picnic areas within any natural habitat areas. 8. Supplemental landscape planting within natural habitat areas. 9. Any other accessory use deemed comparable by the Community Development and Environmental Services Administrator. 10. Carports and garages. DEVELOPMENT STANDARDS A. Table I sets forth the development stand,u-ds for land uses within the Carlisle Regency PUD. Front yard setbacks in Table I shall be measured as follows: 1. If the parcel is served by a public or private right-of-way, the setback is measured from the adjacent right-of-way line. 2. If the parcel is served by a non platted private drive, the setback is measured from the back of curb or edge of pavement. If the parcel is served by a platted private drive, the setback is measured from the road easement or property line. B. Off Street Parking and Loading Requirements: As required by Division 2.3 ef the LDC in effect at the time of building permit application. DEC 1 6 2003 TABLE I RESIDENTIAL DEVELOPMENT STANDARDS STANDARDS Minimum Lot Area (per unit) Minimum Lot Width Front Yard Setback Side Yard Setback Rear Yard Setback: Principal Structure Accessory Structure PUD Boundary Set- back: Principal Structure Accessory Structure Lake Setback Distance Between Principal Structures: Distance Between Accessory Structure: Maximum Height; Principal Building Accessory Building Minimum Floor Area Minimum carport or garage per unit SINGLE FAMILY 6,000 Sq. Ft. 50' Interior Lots (1) 60' Comer Lots 20' 0' & 10' or both 5' 20' 10' NA 20' I0' 10' 2 stories with a maximum of 35' 20'/Clubhouse 35' 1200 Sq. Ft. 1 car garage TWO FAMILY 5,OOO Sq. Ft. 90' Interior Lot (1) (45') (2) 110' Comer Lots (55') (2) 20' 0' & 10' or both 5' 20' 10' NA NA NA 20' 10' 10' 2 stories with a maximum of 35' 20'/Clubhouse 35' 1100 Sq. Ft. 1 car garage (1) (2) NOTE: Lot width may be calculated per LDC for cul-de-sac lots. Minimum lot frontage in parenthesis applies in cases where a dwelling unit in a 2 family structure is on an individually platted lot. Common area pool, clubhouse, or recreational amenities setback (all yards): 20 feet DEC 1 6 20133 pg. '~ Open Space/Natural Habitat Preserve Area Requirements 1. A minimum of sixty (60) percent open space, as described in Section 2.6.32 of the LDC, shall be provided on-site. 2. A minimum of twenty five (25) percent of the viable naturally functioning native vegetation on-site (natural habitat preserve area), including both the understory and the ground cover emphasizing the largest contiguous area possible, shall be retained on-site, as described in Section 3.9.5.5.3 of the LDC. Landscaping and Buffering Requirement:. 1. Landscape requirements shall be in accordance with the Collier County LDC, at time of permitting. 2. Preservation of existing vegetation on the perimeter of the project will constitute the required landscape buffering, if the existing vegetation meets or exceeds the minimum requirement. 3. A minimum of 2 canopy trees is required for each lot. Architectural Standards 1. All buildings, lighting, signage, landscaping and visible architectural infrastructure shall be architecturally and aesthetically unified. Said unified architectural theme shall include: a similar architectural design and use of similar materials and colors throughout all of the buildings, signs, and fences/walls to be erected on all of the subject parcels. Landscaping and streetscape materials shall also be similar in design throughout the subject site. All buildings shall be primarily finished in light subdued colors with stucco except for decorative trim. 2. All pole lighting, internal to the project, shall be architecturally designed, limited to a height of thirty (30) feet. Si2ns Signs shall be permitted as described within Division 2.5 of the Collier County LDC. AGE~A fl'F.M_~' ~._ ~/~., DEC 1 6 20O3 4"7 4.1 PURPOSE SECTION IV DEVELOPMENT COMMITMENTS 4.2 The purpose of this Section is to set forth the commitments for the development of this project. GENERAL 4.3 All facilities shall be constructed in strict accordance with final site development plans, final subdivision plans and all applicable State and local laws, codes, and regulations applicable to this PUD, in effect at the time of final plat, final site development plan approval or building permit application as the case may be. Except where specifically noted or stated otherwise, the standards and specifications of the official County LDC shall apply to this project even if the land within the PUD is not to be platted. The developer, his successor and assigns, shall be responsible for the commitments outlined in this document. The developer, its successor or assignee, shall follow the PUD Master Plan and the regulations of this PUD as adopted and any other conditions or modifications as may be agreed to in the rezoning of the property. In addition, any successor in title or assignee is subject to the commitments within this Document. PUD MASTER PLAN A. Exhibit "A", PUD Master Plan illustrates the proposed development and is conceptual in nature. Proposed area, lot or land use boundaries or special land use boundaries shall not be construed to be final and may be varied at any subsequent approval phase such as final platting or site development plan approval. Subject to the provisions of Section 2.7.3.5 of the Collier County LDC, amendments may be made from time to time. 4.4 B. All necessary easements, dedications, or other instruments shall be granted to insure the continued operation and maintenance of all service utilities and all common areas in the project. SCHEDULE OF DEVELOPMENT/MONITORING REPORT A. A Site Development Plan shall be submitted per County regulations in effect at time of site plan submittal. The project is projected to be completed in two (2) or three (3) phases. B. The landowners shall proceed and be governed according to the tlrne li~ pursuant to Section 2.7.3.4 of the Land Development Code. A fl'El~ I BEC 1 6 2003 4.5 4.6 4.7 C. Monitoring Report: An annual PUD monitoring report shall be submitted pursuant to Section 2.7.3.6 of the LDC. The monitoring report shall be accompanied by an affidavit stating that representations contained therein are true ' and correct. ENGINEERING A. This project shall be required to meet all applicable County Ordinances in effect at the time final construction documents are submitted for development approval. B. Design and construction of all improvements shall be subject to compliance with appropriate provisions of Division 3.2, Subdivision, of the Collier County LDC. WATER MANAGEMENT A. The water management system shall be permitted by Collier County in accordance with SFWMD requirements. B. An Excavation Permit will be required for all lakes in accordance with Division 3.5 of the Collier County LDC and SFWMD rules. C. Lake setbacks from the perimeter of the PUD may be reduced to twenty-five (25) feet where a six (6) foot high fence or suitable substantial barrier is erected. UTILITIES A. Central water distribution shall be constructed throughout the project development by the developer pursuant to all current requirements of Collier County and the State of Florida. Water facilities constructed within platted rights- of-way or within utility easements required by the County shall be dedicated to the County for ownership, operation and maintenance purposes. All water facilities constructed on private property and not required by the County to be located within County Utility Easements shall be owned, operated and maintained by the developer, his assigns or successors. Upon completion of construction of the water facilities within the project the facilities shall be tested and inspected to insure they meet Collier County State and Federal requirements at which time they shall be conveyed to the Collier County Water/Sewer District, when required by the Public works Divisions, Water Department, prior to being put into service. B. All construction plans and technical specifications and proposed plats, if applicable, for the proposed water distribution system shall be review.e~ andt~e, moArr~l~t' approved by the Engineering Review Services Department priT ti%. ~,ct~. I gC 1 6 2.003 commencement of construction. C. The tie-in to the County Regional Water system shall be made to the existing water main on Orange Blossom Drive. Main sizing on the site shall be determined by Section 3.2.8.4.8. of the Collier County LDC. Potable water for fire-flows shall be of sufficient quantity, as determined by the North Naples Fire Control District, for the purpose of fire fighting at the furthest point from the proposed tie-in. D. Utility-stubs for future system interconnects with adjacent properties shall be provided as determined by the Public Works Division and the developer during the design phase of the project. 4.8 SEWER A. Sewage collection system shall be constructed throughout the project by the developer pursuant to all current requirements of Collier County and the State of Florida. Sewer facilities constructed within platted rights-of-way or within utility easements required by the County shall be conveyed to the County for ownership, operation and maintenance purposed pursuant to appropriate County Ordinances and regulations in effect at the time of conveyance. Sewer facilities constructed on private property and not required by the County to be located within utility easements shall be owned, operated and maintained by the Developer, his assigns or successors. Upon completion of construction of the sewer facilities within the project, the facilities shall be tested and inspected to insure they meet Collier County's utility construction requirements in effect at the time construction plans are approved. The above tasks must be completed to the satisfaction of the Development Services, Engineering Review Section, prior to placing any utility facilities, County owned or privately owned, into service. Upon completion of the sewer facilities and prior to issuance of certificates of occupancy for structures within the project the utility facilities shall be conveyed to the County, when required by Public Works, pursuant to County Ordinances and Regulations in effect at the time conveyance is requested. B. All construction and technical specifications and proposed plats, if applicable, for the proposed sewage collection system shall be reviewed and approved by the Engineering Review Department prior to commencement of construction. 4.9 TRAFFIC A. All traffic control devices, signs, pavement markings and design criteria shall be in accordance with Florida Department of Transportation (FDOT) Manual of Uniform Minimum Standards (MUMS), current edition, FDOT Design Standards, current edition, and the Manual On Uniform Traffic Control Devices (MUTCD), current edition. All other improvements shall be consistent with and as requi~l~,lt~A 12 DEC by the LDC. B. Arterial level street lighting shall be provided at all access points. Access lighting must be in place prior to the issuance of the first certificate of occupancy, (co). C. Site-related improvements necessary for safe ingress and egress to this project, as determined by Collier County, shall not be eligible for impact fee credits. All required improvements shall be in place and available to the public prior to the issuance of the first CO. D. Road impact fees shall be paid in accordance with Collier County Ordinance 01-13, as amended, and Division 3.15 of the LDC, as amended. E. All work within Collier County rights-of-way or public easements shall require a Right-of-way Permit. F. All proposed median opening locations shall be in accordance with the Collier County Access Management Policy (Resolution 01-247), as amended, and the LDC, as it may be amended. Collier County reserves the right to modify or close any median opening existing at the time of approval of this PUD which is found to be adverse to the health, safety and welfare of the public. Any such modifications shall be based on, but are not limited to, safety, operational circulation, and roadway capacity. G. Nothing in any development order shall vest a right of access in excess of a right in/right out condition at any access point. Neither will the existence of a point of ingress, a point of egress or a median opening, nor the lack thereof, shall be the basis for any future cause of action for damages against the County by the developer, its successor in title, or assignee. H. All internal roads, driveways, alleys, pathways, sidewalks and interconnections to adj,, .~ 4evelopments shall be operated and maintained by an entity created by the de.. ~)k. ' and Collier Country shall have no responsibility for maintenance of any such facilities. I. If any required turn lane improvement requires the use of existing County right- of-way or easement, compensating right-of-way, shall be provided without cost to Collier County as a consequence of such improvement. J. If, in the sole opinion of Collier County, a traffic signal, or other traffic control device, sign or pavement marking improvement within a public right-of-way or easement is determined to be necessary, the cost of such improvement shall be borne by the developer and shall be paid to Collier County before the ssuance of the first CO. DEC 1 6 2003 K. Adjacent developments have been designed to provide shared access or interconnections with this development. The PUD Master Plan indicates these locations. The developer, or assigns, shall assure that any such shared access or interconnection is utilized and shall accommodate the perpetual use of such access by incorporating appropriate language into the development covenants or plat. 4.10 4.11 PLANNING A. Pursuant to Section 2.2.25.8.1 of the LDC, if during the course of site clearing, excavation or other construction activity a historic or archaeological artifact is found, all development within the minimum area necessary to protect the discovery shall be immediately stopped and the Collier County Code Enforcement Department shall be contacted. ENVIRONMENTAL A. Environmental permitting shall be in accordance with the State of Florida Environmental Resource Permit Rules and be subject to review and approval by the Environmental Review Department Staff. B. Buff, shall be provided around any wetlands, extending at least fifteen (15) feet landward from the edge of wetland preserves in all places and averaging twenty five (25) feet from the landward edge of xvetlands. Where natural buffers are not possible, structural buffers shall be provided in accordance with the State of Florida Environmental Resources Permit Rules and be subject to review and approval by the Environmental Review Staff. C. An exotic vegetation removal monitoring and maintenance (exotic-free) plan for the site, with emphas~s on me conservation/preservation areas, shall be submitted to Environmental Review Department Staff for review and approval prior to final site development plan/construction plan approval. D. Existing native vegetation shall be preserved in accordance with the LDC requirements. 14 BEC 1 6 2003 Mill Pond ~> -0 0 o 5' Ex. County Retention Lake I n~c I1 6 2003 Milt Pond Circje ZZZ-_Z-_-D .......... _0_ _za_ ~ ~ = ~ tos'~fi¢= ~.- ...... ~ Woter Ouc 33 I 42 Ex. County Retention Loke AGENDA ITF-~ OEO 16 2003 EXECUTIVE SUMMARY APPOINTMENT OF IV[EMBER(S) TO TIlE OCHOPEE FIRE CONTROL DISTRICT ADVISORY COMMITTEE OBJECTIVE: To appoint 2 members to serve 2 year terms expiring on December 31, 2005, 1 member to ~alfill the remainder oi' a vacant term expiring on December 31, 2004, and confirm the representative for Everglades City on the Ochopee Fire Control District Advisory Committee. CONSIDERATIONS: The Ochopee Fire Control District Advisory Committee has 3 terms expiring on December 3 I, 2003, representing the Port of the Islands, Everglades City, Everglades City Council and Plantation Island. This 5-member committee advises the Board on the budget and operation of the Ochopee Fke Control District. Members must reside within the taxing district. Terms are 2 years. A list of the current membership is included in the backup. There is currently one long-standing vacancy and the terms for Councilman David Loving, Hugo C. Sims and John L. Pennell will expire on December 31, 2003. A press release was issued and resumes were received from the following 4 interested citizens: APPLICANT CATEGORY David Loving f John Pennell I Plantation Island ~_ Councihnm~-E-~rgladcs City Jane Bee Julianne Ballard COMMITTEE RECOMMENDATION: DIST ELECTOR ADV. COMM. 5_5 -- ~y_es~Oc_hopee Fire Control District -I y~(~c~_o?ee Fire Control District John Pennell - reappointment expiring on December 31, 2005 Jane Bee - new appointment fulfilling remainder of vacant term expiring on December 31, 2004 Julianne Ballard - new appointment expiring on December 31, 2005 Everglades City - BCC confunnation of Councilman David Loving expiring on December 31,2005 NOTE: Section Seven (B) of Ordinance 2001-55 states "Terms of office tbr Board members shall be limited, to two consecutive terms of service on any one Board..." Under (D) of the same section, it is noted that "By a unanimous vote of the Commission, the limitations set forth in subsection (B) above may be waived". According to available records, Mr. John Penncll has served 2 full terms. Should the Board wish to re-appoint Mr. Pennell, the limitations on two consecutive terms will need to be waived. FISCAL IMPACT: NONE GROWTH MANAGEMENT IMPACT: NONE RECOMMENDATION: That the Board of County Commissioners consider the recommendation appointment, appoint 3 members, cont~irm the member representing Everglades City, and direct the County Attorney to prepare a resolution confn-ming the appointments. Prepared By: Sue Filson, Executive Manager Board of County Commissioners Agenda Date: DECEMBER 16, 2003 l Memorandum Date: November 14, 2003 To: Sue Filson, Board of County Commissioners From: David Loving, Chairman ~*:-~:--- Ochopee Fire Control District At the Ochopee Fire Control District Advisory Board Meeting of 11-12-03 the new applicants Ms. Jane Bee and Ms. Julianne Ballard were accepted by that board for submission to the Board of County Commissioners for approval. At the Meeting of 11-12-03 the Ochopee Fire Control District Advisory Board also agreed to submit the renewal of current board members John Pennell and David Loving for approval by the Board of County Commissioners. Therefore, the purpose of this letter is to recommend that the Board of County Commissioners approve the submitted candidates Ms. Jane Bee, Ms. Julianne Bailard, John Penneli and David Loving. Thank you for your assistance in this matter. Sincerely David Loving, Chairman Ochopee Fire Control District Emergency Services Division Ochopee Fire Control District Advisory Committee Worlr Phone Appt'd Exp. Date Home Phone DateRe-appt 2ndExpDate 2nd T~m Mr. VACANT District: Category: Port of the Islands Mr. Kent L. Omer, Sr. P.O. Box 659 Chokoloskee Island, FL 34138 District: 5 Catego~,: Chokoloskee Councilman David Loving P.O_ Box 110 Everglades City, FL 34139 District: 5 Category: Everglades City 423 Riverside Drive Everglades City, FL 34139 Distric!: 5 Categoo,: Everglades City Mr. John L. Pennell 32 E. Flamingo Drive Everglades City, FL 34139 Distrk¢: 5 Catego~,: Plantation Island 695-3546 695-3781 695-2517 01/07/97 12/17/02 03/28/00 01/22/02 0 !/22/02 12/14/99 01/22/02 ! 2/31/02' 12/31/98 12/31/04 12/31/01 12/31/03 12/31/03 12/31/01 12/31/03 2 Years 2 Years 2 Years 2 Years 2 Years 2 Years 2 Years 2 Years t%-iday, December 20, 2002 Page 1 of 2 Ochopee Fire Control District Advisory Committee Work Phone Appt'd Exp. Date Term Name Home Phone DateRe-appt 2ndExpDate 2nd Term This 5 member committee was created by Ord. No. 89-98 to advise the Board of County Commissioners on the operations and budget of the Ochopee Fire Control District. Members must reside within the boundaries of the Ochopee Area Fire Control Special Taxing District, 1 member from Everglades City (appointed by the Mayor), I member from Plantation Island, 1 member from Chokoloskee, 1 member from Lee Cypres (Copeland) and I member from Ochopee. Terms are 2 years. Ochopee Fire Control District - 695-4114 Amended by Ord. No. 89-98 FL STM T 125.01 Staff: Chief Paul Wilson, Ochopee Fire Department: 695-4114 Friday, December 20, 2002 Page 2 of 2 M E M O R A N D U M DATE: August 25, 2003 TO: FROM: Elections Office c~ Sue Filson, Executive Manager Board of County Commissio~a'er,~ ' Voter Registration - Advisory Board Appointments The Board of County Commissioners will soon consider the following individuals for appointment to one of the county's advisory committees. Please let me know if those listed below are registered voters in Collier County. Also, please list the commission district in which each applicant resides. OCHOPEE FI~_~ CO~NTROI DISTRICT ADV COMM Jane Bee ,.~L~'~'~'~'t P.O. Box 87 Web Road Copel~d, FL 34137 Julianne Ballard 390 Newport Drive,//107 Naples, FL 34114 COMMISSION DISTRICT Thank you for your help. 5© d i' MEMORANDUM ;3V i2 Pn I2:30 DATE: TO: FROM: November 10, 2003 Elections Office Sue Filson, Executive Manager~/I. Board of County Commissioners"-' RE: Voter Registration - Advisory Board Appointments The Board of County Commissioners will soon consider the following individuals for appointment to one of the county's advisory committees. Please let me know il'those listed below are registered voters in Collier County. Also, please list the commission district in which each applicant resides. OCHOPEE FIRE CONTROL DISTRICT COMMISSION DISTRICT John Pennell 32 E. Flamingo Drive Everglades City, FL 34139 David Loving 401 Allen Avenue Everglades City, FL 34139 Thank you for your help. DATE: TO: FROM: August 25, 2003 Chief Paul Wilson Ochopee Fire Control District Sue Filson, Executive Manager Board of County Commissio~t'~ Ochopee Fire Control District Advisory Board As you know, we currently have vacancies on the above-relErenced advisory committee. A press release was issued requesting citizens interested in serving on this committee to submit a resume for consideration. I have attached the resumes received lbr your review as follows: Jane Bee P.O. Box 87 Web Road Copeland, FL 34137 Julianne Ballard 390 Newport Drive,//107 Naples, FL 34114 Please let me know, in writing, the recommendation for appointment of the advisory conunittee within the 41 day time-frame, and I will prepare an executive summary for the Board's consideration. Please categorize the applicants in areas of expertise. If you have any questions, please call me at 774-8097. Thank you for your attention to this matter. SF Attachments 7 T BY: PORT OF THE ISLANBS; 239 394 4335; AUG-t S-OG PAGE i/2 Board of County Commissioners Naplc.~, FL 34112 (941) 774-809'7 Fax: (941) 774-3602 Application C.~Io~ (if a~[j~ble): Are yo~ a ~tored voice i~ Co~r Coanly: Y~ /' No Do you cu~ent~ hold pubUc o~e? Yes If~ ~t b t~ ~.~.~o 7ou n~ se~ OF b~ ~ ~r s~ed, on · Co~er Couu~ bem~ w com~? Yes for Advisory Committees/Boards Zip Code: ~ ~/~ ~_ _. .~t~l of C~ C~mmlzdon~r~, ~1 E~t T~l~l ~e,,i~ Na~le~. FL $4112, lf y O~t ~islL pte~e f~x y ~ I~ sufft~O~rJJ~t'~o~,n~e ~"~WI~ pMf~l~l' 'i~ll~j~g~t'jljg la ~'~£ ~lt t'4~-!'~t of CO~al~ L'ol~at'l~, IT HY: PORT CF THE iSLANDS; s/13/2003 16:33 FA~ 9417743602 BCC AUG-IS-OS !7:07; PAGE 2/2 ool/oo! Board of CounW Commissionem 3311~. East Tamiarni Trail Naples, I~L 34112 (941) 774-809'/ ~ax: (941) 774.3602 Application for Advisory Committees/Boards Home Phone: e-mail address; ~ Are you a registered voter in Collier Coauty: ¥¢z '~ No Do you currently hold public office? Ye~ If sa, what La t/ant ol~ce? If y~s, Db list the c~smittee~mnrda: Please Iht your community activitl~ (civic clubs, neighborhood ag~oclatiom, etc. and positions held: _~ .d,.., ~.cxc,eo ~ MEMORANDUM DATE: TO: FROM: RE: November 10, 2003 Chief Paul Wilson Ochopee Fire Control District. ~/~.. Sue Filson, Executive Managq~/j' .' Board of County Commissionei~ ' Ochopee Fire Control District Advisory Committee As you know, we currently have 3 vacancies on the above-referenced advisory committee. A press release was issued requesting citizens interested in serving on this committee to submit a resume for consideration. I have attached the resumes received for your review as follows: John Pennell 32 E. Flamingo Drive Everglades City, FL 34139 David Loving 401 Allen Avenue Everglades City, FL 34139 Please let me know, in writing, the recommendation for appointment of the advisory committee within the 41 day time-frame, and I will prepare an executive summary for the Board's consideration. Please categorize the applicants in areas of expertise, l fyou have any questions, please call me at 774-8097. Thank you for your attention to this matter. SF Attachments Name: Fax No. - Business: Board of County Commissioners 3301 East Tamiami Trail (941) Fax: (941) 774-3602 OCT 2 1 2003 ~Oii)'d 0!: (io'Jn%~ ¢ommissio~er~ Application for Advisory Committees/Boards Business Phone:~ '" - Home Phone:, ? ~ ~? ,- .~7-'~_./7'" ~?,Z./' ~--/ Zip Code: '_~.~//~ 7 e-ma. address: ~ ZZe'm I e (~ r~,~, Are you a registered voter in Collier County: Yes Do you currently hold public office? Yes If so, what is tha! office? Board or Committee Applied for: (~) ('Tf/~i~)/gd767_ ~L~ ['--'--~ff,_ ~1~¥~ Example: Commission Di~lricl. ~eveloper, environmentalist, lay'~rson, etc. No ~~ Do you now se~e, or have you ever se~ed, on a COlier County ~d or committee? Yes ~ ! f yes, please liM the commi.e~oards: ~I ~?~e I ~ ~~ ~ 7 ~¢i~ Please list your community activities (civic clubs, laeighbor_hood associations, etc._and ~)ositions ~ ~ r'~ ~ .... Education: Experience: Please attach any additional information you feel pertinenL This appfication should be forwarded to Sue Filson, Executive Manager to the Board of CounO, Commissioners, 3301 East Tamiami Trail, Naples, FL 34112. if you wish, please fax your application to (941)774-3602 or e-mail to suefilson(fi.a;colliergov net. Thank you for volunteering to serve the citizens of Collier County. // Board of County Commissioners 3301 East Tamiami Trail Naple~, FL 34112 _ (941) 774-8097 ~E~ Fax: (941) 774-3602 Application for Advisory Committees/Boards Fax No~~ ~~ Bus.ess Phone:.~ ~ ~~e~mail address: ~ Board or Committee Applied for: Category (if applicable): Example: C0mmt~ion Dts~rkl. D~veloper, euvironmtmtalist~ lay p~r~oI, etc. Are you a registered voter in CoiNer County: Yes ~' No Do you currently hold public office? Yes '~- No lfs~,~d~at~stkatolT~ce? ~ /~-'y w- - Do yon now serve, or have yon ever served~ on a Collier Ctmnty b~mrd or committee? Yes. If yes, please I~t tine ce~mltltcs/boards: ~ _~ t~ '~ No Please list your community activities (civic clubs, neighborhood associations, etc. and positions Pteazt attach any additional information you feel perttnenL Thlt dpplfe-a~-nn ~ould be forwarded to S~e Fib~on, Executive Muflager lo the ~oard of County Comrnl~iontrt, $~1 l~tt~ Taml~nl Tr~l, N~pte~, FL $6112. If you wl~h, please/ax yo~tr application to (94 i)774-$602 or EXECUTIVE SUMMARY APPOINTMENT OF MEMBER(S) TO THE GOLDEN GATE ESTATES LAND TRUST COMMITTEE OBJECTIVE: To appoint 1 member to fulfill the remainder of a vacant term, expiring on October 13, 2005 to the Golden Gate Estates Land Trust Committee. CONSIDERATIONS: The Golden Gate Estates Land Trust Committee has 1 vacancy, due to a resignation, for applicants residing in Golden Gate Estates Units 21-22, 36-47, 52-53, 59-93 or those units located south of Alligator Alley. This 5-member committee serves in an advisory capacity to the Board of County Commissioners for the purpose of carrying out the requirements, conditions and various provisions of an Agreement relating to the use of land, or funds derived from the sale of land, conveyed to the County by Avatar Pxx)perties Inc. (f/k/a GAC Properties Inc.). Applicants must reside within the subdivision known as "Golden Gate Estates." Member selection may depend upon location of residence within specific areas (phases) of the Estates. Terms are 4 years. A list of the current membership is included in the backup. A resignation was received from Joy Dawson on March 24, 2003: A press release was issued and one resume was received from the following interested citizen: APPLICANT CATEGORY VJeffrey Scott Curl I Phase 1I COMMITTEE RECOMMENDATION: DIST ELECTOR ADV. COMM. TS--1v INo. e Jeffrey Scott Curl FISCAL IMPACT: NONE GROWTH MANAGEMENT IMPACT: NONE RECOMMENDATION: That the Board of Coanty Commissioners consider the recommendation for appointment, appoint 1 member, and direct the County Attorney to prepare a resolution confirming the appointment. Prepared By: Sue Filson, Executive Manager Board of County Commissioners Agenda Date: DECEMBER 16, 2003 AGENDA ITEM NO. fl~ eEC 1 6 2003 Pg. I Memorandum To: Sue Filson, Administrative Assistant Board of County Commissioners From:, , .T~o~. Mott, Supervisor ~roperty Acquisition and Construction Management Date: November 25, 2003 Subject: Golden Gate Estates Land Trust Committee The Golden Gate Estates Land Trust Committee Members, at their November 24, 2003 meeting, unanimously recommended the Board of County Commissioners accept the application of Jeff Curl for membership to the Committee. Mr. Curl resides within Golden Gate Estates, Unit 80, Tract 126 (Phase II). Please present the Golden Gate Estates Land Trust Committee's recommendation to the Board of County Commissioners at your earliest convenience. Thank you. Real Property Management Department BEC 1 6 2003 Name Golden Gate Estates Land Trust Committee Work Phone Appt'd Exp. Date Home Phone DateRe-appt 2ndExpDate Term 2nd Term Ms. Linda Hartman 794 17th Street, N.W. Naples, FL 34120 E-Maih lindamikeh~aol.com District: 5 Category: Phase I Mr. Stephen B. Greenberg 2780 8th Street, N.W. Naples, FL 34120 E-~14ail: District: 5 Category: Phase III Ms. Karen M. Acquard 441 24th Avenue, N.E. Naples, FL 34120 E-Maih District: 5 Category: Phase I Ms. Joy Dawson ~45 ~_ 3930 26th Avenue, S.E~. Naples, FL 34117 E-il,lail: District: 5 Category: Phase II Mr. Charles Purcell VanGelder, II 760 7th Street, S.W. Naples, FL 34117 E-~laik redlegnaucc~cs, com District: 5 Category: Phase I 274-5400 02/25/03 10/13/03 8 mo. 455-1739 10/14/03 10/13/07 4 Years 10/11/94 10/13/98 4 Years 455-1204 11/05/02 10/13/06 4 Years 03/10/98 10t13/98 8 months 455-8318 11/05/02 10/13/06 4 Years 353-.044~ 09/11/01 10/13/05 4 Years 597-8774 10/10~95 10/13/99 4 Years 353-5713 I 0/14/03 10/l 3/07 4 Years FFednesday, October 15. 2003 Page 1 of 2 AGENDA I..TEM 12~C i 6 2333 Pg. $ Golden Gate Estates Land Trust.Committee ~'ork Phone Appt'd Exp. Date Term Name Home Phone DateRe-appt 2ndExpDate 2nd Term This 5 member committee was created by Ord. No. 87-48, amended by Ord. No. 87-98 and 94- 40 to carry out the requirements, conditions and various provisions of an Agreement relating to the use of land, or funds derived from the sale of land, conveyed to the County by Avatar Properties, Inc. (fld/a GAC Properties, Inc.) Applicants must reside within the subdivision known as "Golden Gate Estates." Members must reside within 1 of the 5 phases within the Golden Gate Estates area. Terms are 4 years FL STAT 125.01 Staff: Toni Mort, Supervisor, Real Property: 774-8991 R~'ednesday, October 15, 2003 Page 2 of 2 AGENDA ITEM DEC 1 6 2033 Pg. _~ MEMORANDUM DATE: August 25, 2003 TO: FROM: Elections Office Sue Filson, Executive Manageff~ ~ Board of County Commissioners~ Voter Registration - Advisory Board Appointments The Board of County Commissioners will soon consider the following individuals for appointmem to one of the county's advisory committees. Please let me know if those listed below are registered voters in Collier County. Also, please list the commission district in which each applicant resides. GG ESTATES LAND TRUST COMMITTEE Jeff Curl 4010 8th Avenue, S.E. Naples, FL 34117 COMMISSION DISTRICT Thank you for your help. .RECEIVED MEMORANDUM DATE: TO: FROM: August 25, 2003 Toni Mott, Real Property Management Department Sue Filson, Executive Manager ~ Board of County Commissioners Golden Gate Estates Land Trust Committee As you know, we curremly have vacancies on the above-referenced advisory committee. A press release was issued requesting citizens interested in serving on this committee to submit a resume for consideration. I have attached the resumes received for your review as follows: JeffCurl 4010 8t~ Avenue, S.E. Naples, FL 34117 Please let me know, in writing, the recommendation for appointment of the advisory committee within the 41 day time-frame, and I will prepare an executive summary for the Board's consideration. Please categorize the applicants in areas of expertise. If you have any questions, please call me at 774-8097. Thank you for your attention to this matter. SF Attachments Board of County Commissioners 3301 East Tamiami Trail Naples, FL 34112 (941) 774-8097 Fax: (941) 774-3602 Application for Advisory Committees/Boards Name: _~eff Cud Home Phone: 304.0958 Home Address: 4010 8th Avenue S.E., Naples, FL Zip Code: 34117 Fax No. 261.5378 Business Phone: 261.4007 x. 23 e-mail address:_¢url@irlpllc.com Business: J. Roland Lieber, pllc Board or Commiffee Applied for:. Golden ~aTe ' ' ,, .dv~so,%, Camm!tiao_ Category {if applicable):__Landscape Architectural Candidate Example: Commission District. DevelopeL en~ironmentalist, lay person, etc. Are you a registered voter in Collier County: Yes X No Do you currently hold public office? Yes --No X If so, what is that o~fice? Do you now serve, or have you ever served, on a Collier County board or committee? Yes No X Il'yes, please list the committees/boards: -- Please list your community activities (civic clubs, neighborhood associations, etc. and positions held: 1998 - 1999: Green Buildinq CommiHee Participant at Florida Gulf Coasl University; 1998-2000: American Orchid Society, Naples Chapter; 1998-current: Floridc, Native Plant Society, Naples Chapter;, 2003: City of Naples Visioninq Plan for the Broad Avenue Sculpture Garden Education: 1995: Bachelor of Science in Landscape Architecture from the University florida, gainesv~le; includes: summer internship in West Palm Beach, 1994; overseas studie:; in Vicenza, Italy, 1994 with the Universily of Florida; Student Desiqn Awards in 1993 af tho Thomas Center, Gainesv~le Experience: .. I have been in professional practice from 1995-present in West Palm Beact~ and Naples in the areas of plannin.q, landscape architecture, and desiqn/build. Projecl t~loe has included: residential, commercial, and .qovernment projects. Relative fo qovernment projects, I have experience with the Florida Department of Transportation, Collier and Palm Beach Counties' Transportation, Utilities, and Recreation Departments. AGENDA I~EM NO. ~_~ Additional Statement: Professionally, my employment at the landscape architectural and planninq firm of J. Roland Ueber. pilc, has allowed the continuation of my expertise in the areas of public projects. Our firm has desi.qned projects for both Collier County Transportation and Parks and Recreation. My experience focuses Jn the coordination of fundinq and utility a.qencies, state requirements, and future planning (expansion, ultimate ri.qht-of-way considerations, etc.) in projects of these types. Additionally, adjoinina uses such as residential and commercial projects, the desi.qn establishes a "sense of place" by respondin.q to different neighborhoods. My experience has included master plannin.cl and site desi.qn, in the areas of Planned Unit Developments and for the town of Belie Glade. Such large-scale "visioninq" is necessary to plan for the future and decide how expansion is handled, where it is located, the potential impacts, and the ultimate advanta.qes. Personally, my home is located at the eastern ed.qe of Golden Gate Estates. Therefore, I have a clear understandin.q of traffic patlernin.q, neiqhborhood trna.q_ ery, and environmental impact issues. Please attach any additional information you feel pe~t/nent. This application should be/ozwarded to Sue FiZson, Executive Manage~ fo the Board of County Commissioners, 330 ! East Tamiami Trail, Naples, FL 34! ! Z If you wish, pJeaze fax your application to (941) 774-3602 or e-mag to suefilson~collierqov, net.. Thank you for volunteering to sense the c/tizens of Collier County. AGENDA ITEM ,,,,, ,,~..,,~ ,~ EXECUTIVE SUMMARY APPOINTMENT OF MEMBER(S) TO THE GOLDEN GATE COMMUNITY CENTER ADVISORY COMMITTEE OBJECTIVE.: To re-appoint 2 members to serve 2 year terms, expiring on December 31, 2005, to the Golden Gate Community Center Advisory Committee. CONSIDERATIONS: The Golden Gate Community Center Advisory Committee has 2 terms expiring on December 31, 2003. This 5-member committee assists the Board of County Commissioners by reviewing and making recommendations regarding the budget and operation of the community center. Applicants must reside within the Golden Gate Community Center MSTU District. Terms are 2 years. A list of the current membership is included in the backup. The terms for Kaydee Tuffand Vicki A. Clavelo will expire on December 31, 2003. A press release was issued and resumes were received from the following 2 interested citizens: CATEGORY APPLICANT fKaydee Tuff Vicki Clavelo COMMITTEE RECOMMENDATION: DIST ELECTOR ADV. COMM. Resides within district Resides within district ~~ I GG Community Center ~ I Yes_[~ GG Community Center Re-appointment Kaydee Tuff Re-appointment Vicki Clavelo NOTE: Section Seven (B) of Ordinance 2001-55 states "Terms of office for Board members shall be limited to two consecutive terms of service on any one Board...' Under (D) of the same section, it is noted that "By a unanimous vote of the Commission, the limitations set tbrth in subsection (B) above may be waived". According to available records, both Kaydee Tuff and Vicki A. Clavelo have served 2 full terms. Should the Board wish to re-appoint Ms. Tuffand Ms. Clavelo, the limitations on two consecutive terms will need to be waived. FISCAL IMPACT: NONE GROWTH MANAGEMENT IMPACT: NONE RECOMMENDATION: That the Board of County Commissioners consider the recommendation for appointment, appoint 2 members, and direct the County Attorney to prepare a resolution confirming the appointments. Prepared By: Sue Filson, Executive Manager Board of County Commissioners Agenda Date: DECEMBER 16, 2003 AGENDAITEM NO. , 16 2D03 Pg._ I MEMO Date: December 2, 2003 To~ Sue Filson Executive Manager Board of County Commissioners From: Keith Larson Center Supervisor Golden Gate Community Center Re: Advisory Board Member Recommendations At its December meeting, which took place Monday, December 1, 2003, the Golden Gate Community Center Advisory Board voted unanimously to recommend another term for two of its members, Vicki Clavelo and Kaydee Tuff. AC~NDA ITEM UO. ~ DS~ 1 6 2O03 Pg. _a.._____ Name Golden Gate Community Center Advisory Committee Work Phone Appt'd Exp. Date Term Home Phone DateRe-appt 2ndExpDate 2nd Term Ms. Kaydee Tuff 2642 44th Terrace, S.W. Naples, FL 34116 District: 3 Category: Ms. Cheryle L. Newman 5101 31st Avenue, S.W. Naples, FL 34116 District: 3 Category: Mr. William E. Arthur 4200 22nd Place, S.W. Naples, FL 34116 District: 3 Category: Mr. James J. Hennink 4397 21st Avenue, S.W. Naples, FL 34116 District: 3 Category: Ms. Vicki A. Clavelo 3610 21st Avenue, S.W. Naples, FL 34117 District: 3 Category: 03/28/00 12/31/01 -~ 2 Years 455-3496 12/I 1/01 12/31/03 2 Years 12/03/96 12/31/98 2 Years 353-7969 01/28/03 12/31/04 2 Years 09/26/00 12/31/00 3 Months 455-4503 01/28/03 12/31/04 2 Years 09/26/00 12/31/00 3 Months 353-3697 01/28/03 12/31/04 2 Years 06/08/99 12/31/99 6 months 455-1475 12/I 1/01 12/31/03 2 Years Tuesda~v, Januar?; 28, 2003 Page 1 of 2 2003 Name Golden Gate Community Center Advisory Committee Work Phone Appt'd Exp. Date Term Home Phone DateRe-appt 2ndEx:pDate 2nd Term This 5 member committee was created by Ord. No. 75-4 to advise the Board of County Commissioners on the budget and operation of the Golden Gate Community Center. Members must reside within the boundaries of the Golden Gate Community Center Municipal Services Special Taxing District. Terms are 2 years. Keith Larson, Golden Gate Community Center Supervisor 455-2343 FL STAT 125.01 Staff: Mada Ramsey, Parks and Recreation Director. 353-0404 Tuesday, January 28, 2003 Page 2 of 2 AGENDA ITEM ~£C t8 2003 MEMORANDUM DATE: TO: FROM: November 10, 2003 Elections Office e¢ Sue Filson, Executive Manag Board of County Commissioners Voter Registration - Advisory Board Appointments The Board of County Commissioners will soon consider the following individuals for appointment to one of the county's advisory committees. Please let me know if those listed below are registered voters in Collier County. Also, please list the commission district in which each applicant resides. GG COMM CENTER ADV COMM Vicki A. Clavelo 3610 21~ Avenue, S.W. Naples, FL 34117 Kaydee Tuff 2642 44th Terrace, S.W. Naples, FL 34116 COMMISSION DISTRICT Thank you for your help. MEMORANDUM DATE: TO: FROM: November 10, 2003 Keith Larsoa, Supervisor, Golden Gate Community Center Sue Filson, Executive Manager Board of County Commissioners Golden Gate Community Center Advisory Committee As you know, we curremly have vacancies on the above-referenced advisory committee. A press release was issued requesting citizens interested in serving on this committee to submit a resume for consideration. I have attached the resumes received for your review as follows: Vicki A. Clavelo 3610 21~ Avenue, S.W. Naples, FL 34117 Kaydee Tuff 2642 44th Terrace, S.W. Naples, FL 34116 Please let me know, in writing, the recomn~ndation for appointmem of the advisory committee within the 41 day time-frame, and I will prepare an executive smm-cmry for the Board's consideration. Please categorize the applicants in areas of expertise. If you have any questions, please call me at 774'-8097. Thank you for your attention to this matter. SF Attachments AGENDA ITEM NO..~.~ l 6 2003 Application Name:~Kaydee Tuff 0444 Home Address: Code: _3411~-'~ Board of CounO, Commissioners 3301 East Tamiami Trail Naples, FL 34112 (941) 774-8097 Fax: (941) 774-3602 for Advisory Committees/Boards 2642 44th Terr. SW Fax No.._353-9040____ Business Phone: 353-0444 e-mail address:__newsroom~goldengategaze~e.com -- Business:__Tuff Publications. Home Phone: ~353- _Zip Board or Committee Applied for: Golden Gate Community Center Advisory Board - Category (if applicable):. Example: Commission District, Developer, environmentalist, lay person, etc. Are you a registered voter in Collier County: Yes_ X~ _No Do you currently hold public office? Yes If so, what is that office? No __X Do you now serve, or have you ever served, on a Collier County board or committee? Yes If yes, please list the committees/boards:~Golden Gate Community Center Advisory Board __ X ]No Please list your community activities (civic clubs, neighborhood associations, etc. and positions held: Education: Experience: FROM : Uicki's S~cp~%arial S~pwi¢~ PHONE NO. : 239 353 7885 Now. 04 200% 01:58PM PI NOV 0 ~ 2003 ~;aro of Count.v Commiss~oner. s ,36~0 - 21st Avenue, S. W; .NaPles, FL 34117 November, 4, 2003 Ms. Sue Filson, Executive Manager Board of County Commissioners 330! .East Tomiami Trail l~ples, FL .34112-4977 GOlden Gate Community Cente. r Advisory Board bear Ms..Filson: · Enclosed please find my o~pplicotion for consideration reoppointment to the Golden Gore Community Center Advisory Bo(zrd. Thank you. Sincerely, /VQC .Enclosure Vicl~i A. Clavelo lCor AGENDA ITEM No. __ . C~.'.. I~ 2003 FROrl : Uick~'s S~cr~taria! $~rwic~ PHONE NO. : 259 35~ 7885 Now. 04 2~0~ 01:58PM P2 Board of County Commissioners' Naples, FL 34112 (941) 774-8097 Fax: (941) 774-3602 Application for Advisory Committees/Boards Category (if applicable): ~x~mp~: C~ommlsslon Dlslrlcl, D~veloper, environmentalist, ~y ~rsou. cit.. Are you a regi~tered voter In Collier Count: Yes ~ . No Do you currently hold public o~? Yes No . if so, ~nt I~ lhnt Do yon n~w serve, or have you evcr ~crved,~n n ~:~lller Cm,nfy bo~,~rd Or commlfl~? ~,~e co. mi.~oa~.L ~~~1 ~.s_~ No Eaucation: , e ' /.4 P/ease attach any ~ddillona! Itlformallo~ ya# leal perllnen£ This appllcafl~t~ should be forw~ded lo Sue I~Irott F~av,llI,V Mamtger to the Board of C'o~n(~ Cosiotl~'lot~ere~ 3.~01 East Tomlaml Dali, Nopl~, FL 34112. if j, oa wish, please f~ j, outaf ~/;.:../_ ;~ ?~77f .... 2003 EXECUTIVE SUMMARY APPOINTMENT OF MEMBER(S) TO THE ENVIRONMENTAL ADVISORY COUNCIL OBJECTIVE: T° appoint 1 member to fulf'fll the reminder of a vacant term, expiring on April 13, 2005, to the Environmental Advisory Council. CONSIDERATIONS: The Environmental Advisory Council has I vacancy due to a resignation. This 9 member council acts in an advisory capacity to the Board in matters dealing with the regulation, control, management, use or exploitation of any or all natural resources within the County, and the review of all land development petitions which require an environmental impact statement (EIS) per section 3.8 of the Code, all developments of regional impact (DRI), lands with special treatment (ST) or Area of Critical State Concern/Special Treatment zoning overlays, areas of the county covered by interlocal agreements, any petitions which cannot be resolved between the applicant and staff. The membership will include technical and non-technical members. Technical members shall demonstrate evidence of expertise in one or more of the following areas related to environmental protection and natural resources management: Air Quality, Biology (including any of the sub-disciplines such as botany, ecology, zoology, etc.), Coastal Processes, Es~uarine Processes. Itazardous Waste, Hydrogeology, Hydrology, Hydraulics, Land Use Law, Land Use Planning, Pollution Control, Solid Waste, Stormwater Management, Water Resources, Wildlife Management, or other representative areas deemed appropriate by the Board such as, but not limited to, a representative of the development community. Members are required to file a Form I Statement of Financial Interest each year with the Supervisor of Elections. After initial appointments, terms are 4 years. A list of the current membership is included in the backup. A resignation was received from Lt. Col Michael G. Coe. A press release was issued and one resume were received from the following interested citizen: APPLICANT Joseph Gammons CATEGORY Non-technical DIST ELECTOR ADV. COMM. [-~_ lYes INone COMMITTEE RECOMMENDATION: Quasi-Judicial: no recommendation FISCAL IMPACT: NONE GROWTH MANAGEMENT IMPACT: NONE RECOMMENDATION: That the Board of County Commissioners consider the recommendation for appointment, appoint 1 member, and direct the County Attorney to prepare a resolution confirming the appointment. Prepared By: Sue Filson, Executive Manager Board of County Commissioners Agenda Date: December 16, 2003 AGENDAITEM NO. 125 , 16 Pg. I 2003 To: From: Date: Subject: Memorandum Sue Filson, Executive '¢J~]'- ~., Manager, Bec Barbara Burgeson, Principal Environmental Speciatist Environmental Services Department November 25, 2003 Environmental Advisory Council (EAC) applicant Environmental Services staff has reviewed the single application for the vacancy on the EAC. The EAC section of the LDC allows for 3 non-technical members. Staff has classified the applicant as non-technical member and the appointment of this member could conform to the EAC ordinance. He would be replacing Mr. Cee who was a non- technical member. Below is the summary information for Mr. Gammons. COLLIER COUNTY ENVIRONMENTAL ADVISORY COUNCIL APPLICANTS NAME Joseph Gammons (non-technical) PROFESSIONAL DEGREE/ASSOC. BA -poli-science WORK RELATED EXPERIENCES none (business owner) EAB/EAC EXPERIENCES none C: William D. Lorenz, Jr., P.E., Environmental Services Department Director Environmental Services Department Community Development & Environmental Services Division N/tine Environmental Advisory Council Work Phone Appt'd Evq~. Date Home Phone DateRe-appt 2ndExpDate Term 2nd Term Ms. Erica Lynne 676 110th Avenue North Naples, FL 34108 E-Maih ericalynne~earthlink.net District: 2 Category: Technical-Ph.D. Engineering 514-2968 11/28/00 04/13/02 1.5 yrs 04/24/02 04/13/06 4 Years Ms. AIexandra Santoro 210 Rivcrwood Road Naples, FL 34114 E-Maih asantoro@flfamily, com District: 5 Category: Technical-Bio logist 403-1858 04/11/00 04/13/04 793-7878 Mr. Alfred F. Gal, Jr. 82 North Barfield Drive Marco Island, FL 34145 E-~lail: Agal~bsk.com District: 1 Category: Technical-Attorney; Energy & Env Studies 4 Years Mr. Kenneth K. Humiston 324 Sharwood Drive Naples, FL 34110 E-Maih kh~humistonandmoore.com District: 2 Category: Technical - Professional Engineer 262-8000 09/12/00 04/13/01 7 months 38943479 03/13/01 04/13/05 4 Years Mr. Ed Carlson 3331 1st Avenue, N.W. Naples, FL 34120 E-~Iail: ecarlson(~audubon.org District: 5 Category: Technical - Zoology & wildlife ecol 594-2021 04/24/02 04/13/06 594-2030 4 Years 348-9143 08/09/99 04/13/03 4 Years 455-9445 04/13/03 04/13/07 4 Years Monday, November 03. 2003 Page I of 3 AGENDA ITEM NO. ~ Pg. Environmental Advisory Council Work Phone Appt'd Ex7x Date Term Name Home Phone DateRe-appt 2ndExpDate 2nd Term Mr. William W. Hughes 435-1188 4501 Rosea Court 435-3923 Naples, FL 34104 E-~[lail: hughesco~earthlink.net District: 4 Category: Water Treatment & Hazardous Waste Lt. Col. Michael G. Coe fC~r'e~ 262-1818 4552 Eagle Key Circle 732-0625 Naples, FL 34112 E-Mail: District: 1 Category: Non-Teclmi. cal-Economics & History 04/13/03 08/03/99 03/13/0 ! 04/13/07 4 Years 04/13/O 1 04/13/05 2 Years 4 Years Mr. Michael V. Sorrell 353-5932 2335Wilson Boulevard, N. 571-7781 Naples, FL 34120 E-Mad: www.colliersportsman~hotmail.com District: 5 Category: Non-Technical - Owner Lawn Service 06/11/02 04/13/03 04/I 3/03 04/13/07 10 Mos. 4 Years Mr. Thomas W. Sansbury 840 River Point Drive//840 Naples, FL 34102 E-Maih tomgator~aol.com District: 4 Category: Technical - Mgmt. 403-6800 417-2053 04/13/99 04/11/00 04/13/00 04/11/04 1 Year 4 Years :~londay, .November 03, 2003 Page 2 of 3 AGEND.a~.ITEM NO. P'ZC ! 2003 Naine Environmental Advisory Council Work Phone Appt'd E~7~. Date Home Phone DateRe-appt 2ndExpDate Term 2nd Term This 9 member committee was created on 01/27199 by Ord. No. 99-06 to act in an advisory capacity to the BCC in matters dealing with regulation, control, management, use or exploitation of any or all natural resources within the County, and the review of all land development petitions which require an environmental impact statement (EIA) per section 3.8 of the Code, all developments of regional impact (DRI), lands with special treatment (ST) or Areas of Critical State Concern/Special Treatment zoning overlays, areas of the county covered by interlocal agreements, any petitions which cannot be resolved between the applicant and staff. Quasi-Judicial Board; members must file a Form I Statement of financial Interests each year with the Supervisor of Elections. Terms are 4 years. FL STol T Staff.. Joe Schmitt, Community Development Administrator:. 403-2385 .~):[onday, November 03, 2003 Page 3 of 3 2003 MEMORANDUM DATE: October 6, 2003 TO: FROM: Elections Office 1~) Sue Filson, Executive Manage Board of County Commissioners Voter Registration - Advisory Board Appointments The Board of County Commissioners will soon consider the following individuals for appointment to one of the county's advisory committees. Please let me know if those listed below are registered voters in Collier County. Also, please list the commission district in which each applicant resides. ENVIRONMENTAL ADVISORY COUNCIL Joseph D. Gammons 185 Skipping Stone Lane Naples, FL 34119 COMMISSION DISTRICT Thank you for your help. MEMORANDUM DATE: TO: FROM: October 6, 2003 Joseph K. Schrnitt, Administrator Community Development & Environmental Services Sue Filson, Executive Manager~ ' Board of County Commissione/x"' Environmental Advisory Council As you know, we currently have 1 vacancy on the above-referenced advisory committee. A press release was issued requesting citizens interested in serving on this committee to submit a resume for consideration. I have attached the resumes received for your review as follows: Joseph D. Gammons 185 Skipping Stone Lane Naples, FL 34119 Please let me know, in writing within the 41 day time-frame, if the applicants meet the criteria to serve as members on the board, and I will prepare an executive summary for the Board's consideration. Please categorize the applicants in areas of expertise. If you have any questions, please call me at 774-8097. Thank you for your attention to this matter. SF Attachments 09/i5/2003 MON 9:47 FAX ~_002/008 Board of County Commissioners 330t East Tarniami Trail Naples, FL 34112 (941) 774~8097 Fax: (941) 774-3602 Application for Advisory Committees/Boards Name: Home Home Phone: Zip Code: ~Y'//,/ Fax No. E~m~e: Commi~iou Dl~te~ De~lo~c, ~viroameuml~ Are you a r~tered your ~ Col~er Coun~: Y~ /' No Do you eu~ ho~ public o~ce? Y~ No lfs~ what Is Do you now Ify~, p~se l~t Business Phone: o~'crZ-/.~/.~?--- ~.mailaddress:d~t~~ e~-z-~z. ~ Please list your community activities (civic clubs, neighborhood associations, etc~ and positions,~ ~, Ple. a~e _,'~r~ -sch ast~ addlt~onal Lrsfor,:,,, _m_ ¢,n you f~ ~ ~ ~p~on ~M he fom~ ~ ~ ~ ~e M~ ~ ~ B~ of ~ ~o~, 3301 ~ T~ Tr~ ~ap~ ~L 3411~ ~you w~. ping.your a~pi~n to (940~3~ or ~ ~ _~epl~e~o~.n~. ~k ~u for ~o~ ~ ~e the .~ of~ ~u~. 09/11/2003 TI]U t6:12 FIX 00 /00.3 ,-kUTI:IOR I~wl) STii~LCASI, September 2, 2003 2323 Cleveland Avenue, Fort Myers, Florida 33901 Fort Myers 239~337.1212 * Napl~ ~39.598.9805 1.888.537.2323 * Fa.x: 2-39.33'7.4910 www. ofdc-inc, com Mrs. Sue Filson Executive Manager to BBC 3301 Tamiami Trail East Naples, FL 34112 Dear Mrs. Fflson: My name is Joe Gammons and I would like to be considered for an Adv/sory Committee position. My home addres~ is: 185 Skipping Stone Lane, Naples, FL 34119. Please find encl. osed a COpy of my resume and credentials. I look forward to working with you as a member of an Advisory Committee. If you have any questions or you would like additional information, please do not hesitate to contact me per~nally at; 239-337-1212. Thank you in advance for your consideration. enclosure )9/1!/2003 TltU 16:12 FAX 003/003 Joseph D. Gammons 185 Skipping Stone Lane Naples, FL 34119 Tel: 239-354-0075 EXPERIENCE Office Furniture & Design Concepts Owner- 2003 to Present Multi-million dollar Steelcase and OFUSA office furniture dealership serving Lee, Collier, Hcm3r, Glades and Charlotte counties. Michigan Department of State Secretm3r of State Terri Lyrm Land Director of External Relations _ 2003 Headed the Department of External Affairs, Depmtment of Governmental Affairs and Department of Communications. Coordinated the operations for Michigan's Secretary of State, including the direction of her overall political career as well as the direction of her politically appointed start Worked daily on solutions that would benefit the citizens of the State of Michigan. Kent County Republican Committee F2cecutive Director- 1999 to 2003 Lead the 3rd strongest county Republican organization in the United States, implememting a budget of $500,000 to elect Republicans in Grand Rapids and Wc~t Michigan as a whole. Coordinated campaigns for elected officials from Township Trustee to President of the United States. Organ/zed a Republican Presidential Primary Debate at Calvin College, sponsored by thc Kent GOP. Consistently elected Republicans in two consecutive election cycles including Michigan's top Republican elected official, Secretary of State Terri Lynn Land. .United State Congress Congressman Dave Camp - 4t~ Congressional District, Micah/gan District Director- 1998 to 1999 lVliehigan State Senate Senator Walter H. North - 37m District District Representative / Deputy Director of Constituent Relations EDUCATIO~N lVlichigan State University Bachelor of Arts in Political Science- May 1997 Ftillsdale College August 1993 to May 1995 AGENDA, IT_EM EXECUTIVE SUMMARY APPOINTMENT OF MEMBER(S) TO THE DEVELOPMENT SERVICES ADVISORY COMMITTEE OBJECTIVE: To appoint 6 members to serve 4-year terms, expiring on December 14, 2007, t° the Development Services Advisory Committee. CONSIDERATIONS: The Development Services Advisory Committee has 6 terms expiring on December 14, 2003. This committee is composed of 15 members and represent the various aspects of the development industry such as architect, general contractor, residential or builder contractor, environmentalist, land planner, land developer, landscape architect, professional engineer, utility contractor, plumbing contractor, electrical contractor, structural engineer, and attorney. The purpose of this committee is to provide reports and recommendations to the Board of County Commissioners to assist in the enhancement of operational efficiency and budgetary accountability within the Community Development Services Division and to serve as a primary communication link between the Community Development Services Division, the development industry and the citizens of Collier County. Members are required to file a Form 1 Statement of Financial Interest each year with the Supervisor of Elections. A list of the current membership is included in the backup. The terms for Dino J. Longo, Blair A. Foley, Peter Van Arsdale, Thomas Master, Marco A. Espinar, and Brian E. Jones expired on December 14, 2003. A press release was issued and resumes were received from the following 7 interested citizens: APPLICANT CATEGORY DIS'ii .ELECTOR ADV. COMM. Blair A. Foley Engjnee[ -~- Thomas Masters ' Engineer -~- Peter Van Arsdale Building Contractor 4 Marco Espinar Environmental Planner 4 Brian E. Jones Building Contraclor 1 William J. Varian General Contractor---- ' 5 ~"Joseph D. Gammons Business Owner 3 COMMITTEE RECOMMENDATION: FISCAL IMPACT: NONE Yes DSAC Yes DSAC Yes DSAC; Community Character; Bayshore/Gateway Triangle __ Yes DSAC; Land Acquisition Yes DSAC __ _~_ Yes Bd of Adj and Appeals Yes None Blair A. Foley - reappointment Thomas Masters - reappointment Peter Van Arsdale - reappointment Marco Espinar -.- reappointment Brian E. Jones - reappointment William J. Varian - NEW appointment GROWTH MANAGEMENT IMPACT: NONE Prepared By: Sue Filson, Executive Manager Board of County Commissioners Agenda Date: DECEMBER 16, 2003 RECOMMENDATION: That the Board of County Commissioners consider the recommendation for appointment, appoint 6 members, and direct the County Attorney to prepare a resolution confirming the appointments. ~ AGENDA ITEM NO. ~ DEC 1 {i 2003 Memorandum To: From: Date: Subject: Sue Filson, Executive Manager Board of County Commissioners / Joseph K. Schmitt, Administrator Community Development and Enviror~ntal Services December 3, 2003 Development Services Advisory Committee Listed below are the applicants for the Development Services Advisory Committee. All applicants have been categorized in their areas of expertise. Joseph D. Gammons Businessman; owner of Office Furniture & Design Concepts - office furniture dealership At the December 3, 2003 Development Services Advisory Committee, the following applicants were approved for reappointment to the DSAC Committee. Blair A. Foley Thomas Masters Peter VanArsdale Marco Espinar Engineering Consultant: professional engineer registered with the State of Florida in private practice Engineer/Developer; Professional Engineer working with Vineyards Development Corporation Building Contractor; owner of VanArsdale Construction Environmental Planner; owner of Collier Environmental Consultants Inc. Brian E. Jones William J. Varian Building Contractor; owner/partner of Tamiami Builders, Inc. General Contractor; Wm. J. Varian Construction Co. Inc. Community Development and Environmental Services Office of the Administrator AGENDA ITEM -- NO. DEC ! 6 2003 Name Development Services Advisory Committee Work Phone /lppt'd Exp. Date Home Phone DateRe-appt 2ndExpDate Mr. Dino J. Longo 4711 Via Carmen Naples, FL 34105 E-Mail: District: 5 Category: General Contractor ~L)~ 514-4404 12/19/95 12/14/99 643-7557 12/14/99 12/14/03 Mr. Herbert Rosser Savage 816 Elkcam Cir. #101, P.O. Box 639 Marco Island, FL 34146 E-Mail: District: 1 Category: Architect Mr. Dalas D. Disney 125 Airport Road, N. Suite 200 Naples, FL 34104 E-Mail: Distn'ct: 3 Category: Architect Mr. Blair A. Foley 120 Edgemere Way South Naples, FL 34105 E-MaiL' District: 2 Category': Engineer Mr. Robert J. Mulhere 1946 Sheffield Avenue Marco Island, FL 34145 E-Mail: District: i Category: Land Planner rel'm 2nd Term 4 Years 4 Years 394-1580 12/14/93 12/I 4/97 4 Years 394-2918 02/12/02 12/14/05 4 Years 261-3399 10/18/94 12/14/96 2 Years 455-2300 02/27/01 12/14/04 4 Years 643-2324 12/14/99 12/14/03 4 Years 649-1509 09/10/02 12/14/04 2 Years Thursday, September 11. 2003 Page 1 of 4 _ A ENO^ Name Development Services Advisory Committee Work Ph on e Appt'd Exp. Date Home Phone DateRe-appt 2ndExpDate Term 2nd Term Mr. Peter Van Arsdale 123 11 th Avenue South Naples, FL 34102 E-Mail: District: 4 Category: Construction Mr. Clay C. Brooker 271 Broad Avenue South,//201 Naples, FL 34102 E-Maih cbrooker~yvvalaw.co~ District: 4 Category: Attorney Mr. Robert L. Duane 4880 6th Avenue, S.W. Naples, FL 34119 E-.Mail: District: 3 Category: Land Planner Mr. Bryan P. Milk 634 Bimini Avenue Marco Island, FL 34145 E-Mail: District: i Category: Professional Land Planner Mr. Thomas R. Peek 90 East Avenue Naples, FL 34108 E-Mail:' DistriCt: 2 Category: Professional Engineer 649-6112 11 / ! 4/00 12/14/03 253-8246 597-2814 09/10/03 12/14/05 213-0910 3 Years 2 Years 262-4617 10/18/94 12/14/96 2 Years 353-4167 02/27/01 12/14/04 4 Years 649-1509 02/27/01 12/14/04 4 Years 649-4040 12/14/93 12/14/96 3 Years 02/27/01 12/14/04 4 Years Thursday, September 1I, 2003 Page 2 of 4 Name Development Services Advisory Committee Work Phone Appt'd Exp. Date Home Phone DateRe-appt 2ndExpDate T~rm 2nd Term Mr. Thomas Masters 4401 Pond Apple Drive Naples, FL 34119 E-Mail: District: 5 Category: Professional Engineer Mr. Marco A. Espinar 3880 Estey Avenue Naples, FL 34104 E-Mail: District: 3 Category: Environmental Planner Mr. Charles Morgan Abbott 1306 28th Avenue North Naples, FL 34103 E-Mail: District: 4 Category': General Contractor Mr. Justin Martin 5353 23rd Avenue, S.W. Naples, FL 34116 E-Maih District: 3 Category: Professional Engineer Mr. Brian E. Jones 2121 Heritage Tr. Naples, FL 34112 E-.4/lail: District: 1 Category: General Contractor 353-1551 02/23/99 12/14/99 1 Year 592-5853 12/14/99 12/14/03 4 Years 263-2747 ! 2/14/99 12/14/03 649-4286 12/14/93 12/14/97 4 Years 649-4286 02/12/02 12/14/05 4 years 6494O40 02/12/02 12/14/05 455-1535 4 Years 4 Years 793-1133 12/14/99 12/14/03 4 Years Thursday, September 11, 2003 Page 3 of 4 N~zme Development Services Advisory Committee Worh Phone Appt'd Exp. Date Home Phone DateRe-appt 2ndExpDate Tel'm 2nd Term This 15 member committee was created on 10112/93 by Ord. No. 93-76, amended on 11/07/95 by Ord. No. 95-60 to add additional categories of industry membership representation. This committee represents the vadous aspects of the development industry such as architect, general contractor, residential or builder contractor, environmentalist, land planner, land developer, landscape architect, professional engineer, utility contractor, plumbing contractor, electrical contractor, structural engineer, and attorney. The purpose of this committee is to provide reports and recommendations to the BCC to assist in the enhancement of operational efficiency and budgetary accountability within the Community Development Services Division and to serve as a primary communication link between the Community Development Services Division, the development industry and the citizens of Collier County. Terms are 4 years. FL STAT Staff: Joseph Schmitt, Corem Der & Env Services Administrator. 403-2385 Thursday, September 11, 2003 Page 4 of 4 AGRA ITEM ! 6 ZOO3 MEMORANDUM DATE: November 10, 2003 SUPERV ~SOP, OF ELECIIO,~i$ COt_Lh.R CO. FL. TO: FROM: Elections Office ~ Sue Filson, Executive Manager Board of County Commissioners RE: Voter Registration - Advisory Board Appointments The Board of County Commissioners will soon consider the following individuals for appointment to one of the county's advisory committees. Please let me know if those listed below are registered voters in Collier County. Also, please list the commission district in which each applicant resides. DEVELOPMENT SERVICES ADV COMM COMMISSION DISTRICT Blair A. Foley 120 Edgemere Way, W. Naples, FL 34105 Thomas Masters 4401 Pond Apple Drive Naples, FL 34119 Peter VanArsdale 123 11th Avenue South Nap!es, FL 34102 Marco Espinar 3880 Estey Avenue Naples, FL 34104 Brian E. Jones 2121 Heritage Trail Naples, FL 34112 Thank you for your help. NO',/ MEMORANDUM DATE: December 1, 2003 TO: FROM: Elections Office re Sue Filson, Executive Manage Board of County Commissioners Voter Registration - Advisory Board Appointments The Board of County Commissioners will soon consider the following individuals for appointment to one of the county's advisory committees. Please let me know if those listed below are registered voters in Collier County. Also, please list the commission district in which each applicant resides. DSAC COMMISSION DISTRICT William J. Varian 210 31 ~t Street, N.W. Naples, FL 34120 Joseph D. Gammons 185 Skipping Stone lane Naples, FL 34119 Thank you for your help. A~-J~DA ITeM MEMORANDUM DATE: TO: FROM: November 10, 2003 Joseph K. Schmitt, Community Development & Environmental Services Administrator Sue Filsorg Executive Managerl~ ° Board of County Commissioner-s/ Development Services Advisory Committee As you know, we currently have 6 vacancies on the above-referenced advisory committee. A press release was issued requesting citizens interested in serving on this committee to submit a resmne for consideration. I have attached the resumes received for your review as follows: Blair A. Foley 120 Edgemere Way, W. Naples, FL 34105 Thomas Masters 4401 Pond Apple Drive Naples, FL 34119 Peter VanArsdale 123 11th Avenue South Naples, FL 34102 Marco Espinar 3880 Estey Avenue Naples, FL 34104 Brian E. Jones 2121 Heritage Trail Naples, FL 34112 Please let me know, in writing, the recommendation for appointment of the advisory committee within the 41 day time-frame, and 1 will prepare an executive summary for the Board's consideration. Please categorize the applicants in areas of expertise. If you have any questions, please call me at 774-8097. Thank you for your attention to this matter. SF Attachments _ Hov 05 2003 12:52PH baF,pe, ]]c 239-2G3-0472 p.1 Blair A. Foley, P.E. Civil Engineer I Development Consultant ?4O¥ 0 5 2003 6o~r'd of Cou~%y Corr~missJoaers November 5, 2003 Ms. Sue Filson, Executive Manager to BCC Collier County Government Complex 3301 East Tamiami Trail Naples, FL 34112 Re: Application to DSAC Committee Dear Ms. Filson: Please accept this letter as a formal request for reappomtment to the above referenced Commit-tee. I have enjoyed my tenure on DSAC and wish to be considered for another term. My specific area of expertise is in professional engineering. I am a professional engineer registered in the state of Florida offering a wide range of civil engineering services. Az a long term resident of Collier County, I have over 18 years of engineering experience in both government and private sectors. Aside fi-om subdivisions, expert witness, zoning and commercial site development, I have also provided financial institutions with periodic progress inspection services and environmental assessments. As a previous owner ora regional engineering firm, I now enjoy my own private practice in Collier County, Florida. I am committed to serving on the DSAC and would consider it an honor to he included on .your potential fist of candidates. Il'you require additional information, please call me. Sincerely, " . oley, P.E. President Blair A. Foley, EE., LLC · 120 Edgemerc Way South * Naples, Flork 239.263.1222 o Fax 239.263.0472 o Cellular 239.289.4900 o email: foes Pg. , Ho~ 05 2002 12:52PH baF,pe, llc 238-2G3-0472 p.2 Board of County Commissioners 3301 East Tamiami Trail Naples, FL 34112 (941) Fax: (941) 774-3602 Application for Advisory Committees/Boards Board or Commitl~ Applied E~ple: Comm~u D~I, Deve~r, eo~m~ lay ps--~ et~ Are you a reg~tered voter in Collier Count: Yes ~' No Do you currently hold public o~ce? Yes ~ Ne ~ you n~ se~, ~ ~ve y~ e~er ~ed, on a ~oBier Coun~ boa~ or commi~e? Y~ ~ Please lis comm~taity activities (civic clubs, neighborhood associations, etc. and positions Experience: t ' ' ~'~'~ Tk~ ~l~l~calton skauld be ]'or~,~ard. ed to $~ ~ Boa~ Of Co~W co~e~ 3301 E~ Tamt~ r~ Napt~ ~ 34112. ~OU ~ ~e~e f~ yo~l Vineyards October 30, 2003 Mrs. Sue Filson, Administrative Assistant Board of County Commissioners 3301 Tamiami Trail East Naples, FL 341 12 Re: DSAC Dear Mrs. Filson: Please accept this letter in application for reappointment to the Development Services Advisory Committee. Please do not hesitate to contact me if you have any questions or need any additional information. Thank you for your consideration. Sincerely, Thomas Masters, P.E. Director of Engineering Vineyards Development Corporation 75 Vineyards Boulevard Naples, Florida 34119 (239) 353- ! 551 · Fax: (239) 455-5057 Board of County Commissioners 3301 East Tamiami Trail Naples, FL 34112 (941) 774-8097 Fax: (941) 774-3602 Application for Advisory Committees/Boards Name: ~'~o,n? ,~'~'.J ~-~f Home Address: g'/rVO [ ~~ ~./~ ~/~'~f Business: ~'d~OO~J ~ ~~f ~ Board or Committee Applied for: ~f~ Example: Comm~ion Dis~ct, Devel~ e~r~nmcnt~ lay ~on, etc. Are you a registered voter in Collier County: Yes Do you currently hold public office? Yes if so, what is that office? ~' No Do you now serve, or have you ever served, on a Collier County board or committee? Yes If yes, please list the committees/boards: ~'~. ~- Home Phone: ,~- Zip Code: ~'t./'/! e-ma~ addre~:~ AP- No Please list your community activities (civic clubs, neighborhood associations, etc. and positions held: Education: Experience: Please attach any additional information you feel pertinen~ This application should be forwarded to Sue FHson, Executive Board of County Commissioners, 3301 East Tamiami Trail Naples, FL 34112. lf you wish, please fax your application to e-mail to suefilson(~colliergov_ne~ Thank you for volunteer~ to serve the citige~s of Collier County. ffanager to the '41) 774~61~ or~ 6 2003 Pg. /~ Board of County Commissioners 3301 East Tamiami Trail Naples, FL 34112 (941) 774-8097 Fax: (941) 774-3602 Application for Advisory Committees/Boards Name: ~c4~- ~--~ l~/o ,~~ L4~ Home Phone: Home Address: I Z.g ~ t 'F/+ ~ v~ .~ Zip Code: ,3 Fax No. Z39- 2 &f- & I t 9 Business Phone: Board or Committee Applied for: ~)tn4.n~rtnt.-~- Category (if applicable): ~ta~~ Example: Commission District, Developer, environmentalist, lay person, etc. Z39 - g&l ~ ,~Jt o e-mail address: ?e /~ t/~_~,_ Are you a registered voter in Collier County: Yes ~ No Do you currently hold public office? Yes If so, what is that office? No ~ Do you now serve, or have you ever served, on a Collier County board or committee? Yes ~ No lfyes, please list the committees/boards: ~rt.Y~4f~an.c.~r Please list your community activities (civic clubs, neighborhood associations, etc. and positions held: /v~t.,a Cfr,/ t'_,~O,'-'C~L.: ~,,,~nn.,~n~,¢~.. t'~t~nnv~,,r-n ~"~....-?m ~ Education: ii. ~. ~ c-n=~ ~- t:-rod..' 7-1//~/'~;. u~t/b'b'rt_S/,~? /~ 7 '~' Please attach any additional information you feel pertinent This application should be forwarded to Sue I~lson, Executiw Board of County Commissioners, 3301 East Tamiami Trail, Naples, FL 34112. If you wish, please faxyour application to e-maii to sue~lson~folli~rgov, ne~ Thank you for volunteermg to serve th~ citir, ens of Coll~er Cotmty. AGENDA ITEM NO ~anager'~~-~ ~41) 774d~O2~ or~ ~-:"-' , ~ 2003 Pg. Collier Environmental Consultants Inc. Telephone (239) 263-2687 3880 Esley Ave. Naples, FlcaSdo 34104 October 27, 2003 Sue Filson, Administrative Assistant Board of County Commissioners 3301 Tamiami Trail East Naples, Florida 34112 Fax {239) 263-6616 Dear Ms. Filson, I am writing to request consideration for reappointment to Development Services Advisory Committee. I obtained my degree in Biology from the University of South Florida: in Tampa, Florida. I have been employed as a Biologist at South and Southwest Florida Water Management Districts, Collier County Development Services and currently as the owner of an environmental consulting firm. While at Collier County Development Services, Compliance Division, I gained an understanding and knowledge of Collier County Codes and Ordinances and even assisted in writing several environmental ordinances for the Collier County Land Development Code. I was previously appointed and served on the Environmental Advisory Board. In addition, I was elected and served two terms on the Southwest Chapter of the Florida Association of Environmental Professionals. I also served on their By-Laws Committee. I currently serve on Conservation Collier and chair the Budget Sub-committee and Land Acquisition and Management Sub-committee. I fulfilled an entire term on Development Services Advisory Committee and was a member of the Land Development Code Sub-Committee. I am currently also a member of the Republican Exe. cutive Committee. As previously mentioned, I currently own and operate Collier Environmental Consultants. This experience has made it necessary to understand and balance the Environmental Laws that govern my business along with my client's needs. My comprehension of this balance, having experience both as a regulator and a regulated party gives me an objective and unbiased viewpoint. I believe that my years of experience as a professional Biologist in south Florida, coupled with objectivity will enable me to make a positive contribution. AGENDA ITE~d NC). ,....C 1 2003 RESUME Marco A. Espinar 3880 Estey Avenue Naples, Fl 34104 Bilingual: English & Spanish Office: 239-263-2687 EDUCATION Cardinal Mooncy Itigh School Sarasota, Florida Diploma 1980 Manatee Junior College Bmdenton, Florida AA Degree 1982 Biology University of South Florida Tampa, Florida BS Degree 1990 Biology Completed USF Cooperative Education Program April 1988 USF Undergraduatc Research - USF 1985 Apalachicola Archaeological Expedition & Research - Lab Coordinator of Fauna Identification from Archeol0gical Sites - Studies of Seagrass Beds (Thalassia testudinum) in Upper Tampa Bay, Florida - Growth Rates ot' Marine Algae ( Gracilaria tikvahiae, G. verrucosa, G. deblis ) Port Manatee, Florida EMPLOYMENT HISTORY & EXPERIENCE Collier Environmental Consultants Inc. Naples, Florida Owner & Environmental Planner Environmental Permitting, Planning Vegetation Inventory Mitigation & Monitoring Plans Threatened and Endangered Species Survey Gopher Tortoise Permitting, Testing, Relocation Exotic Plant Removal / Poisoning Mitigation Plantings Jurisdictional Determination Environmental Impact Statements Turrell & Associates, Inc. Naples, Florida Senior Environmental Planner Environmental Permitting, Planning Threatened and Endangered Species Survey Environmental Impact Statements Supervision of Staff Review Staff Reports AGENDA ITEM NO. Pg. South Florida Water Management District Fort Myers, Florida Dredge & Fill Permit Review Surface Water Permit Review Environmental Analyst Collier County Government, Development Services Naples, Florida Site Development Plan Compliance Planned Unit Development Compliance Site Drainage Inspections Environmental Specialist II Landscape Inspections Environmental Enforcement Southwest Florida Water Management District Tampa, Florida As-Built Inspections- Engineering, Survey Surface and Ground Water Permit Compliance Well Construction & Abandonment Inspections Field Services Technician Southwest Florida Water Management District Brooksville, Florida (CO-OP) Environmental Scientists 1 Wetland Vegetation Studies At Major Well Fields Water Quality Sampling & Testing PROFESSIONAL ASSOCIATIONS Florida Association of Environmental Professionals, Member Southwest Florida Association of Environmental Professionals, Member Elected to Governing Board for 2 terms; Bylaws Committee Exotic Pest Plant Council, Member Appointed by the Board of County Commissioners and Served on the Collier County Environmental Advisory Board Appointed by the Board of County Commissioners and Currently Serving on the Development Services Advisory Committee - Term Expires 12/03 Currently Serving on the Land Development Code Sub-Committee AGENDA ITEM -- NO. ~ DS.C 1 2303 Appointed by the Board of County Commissioners and Currently Serving on Conservation Collier Land Acquisition Advisory Committee Term Expires- 2/04 Currently Serving on the Conservation Collier Budget Sub-Committee, Chairman Currently Serving on the Conservation Collier Land Acquisition and Management Sub-Committee, Chairman Gopher Tortoise Management and Mitigation Professional Training Program Successful Completion 9/01 Member, Collier County Republican Executive Committee REFERENCES UPON REQUEST AGENDA ITEM NO. ~ CEC 1 2003 Board of County Commissioners 3301 East Tamiami Trail Naples, FL 34112 (941) 774-8097~ECEIV El-/ Fax: (941) 774-3602 OCT 2 ? ?~!~ Board nf County Commis~:on~r Home Address: Vax No. Business: Application for Advisory Committees/Boards Busiaess Phone: ~3~ 5tOt.) e-mail address: Home Phone: Zip Code: Board or Committee Applied for: Category (if applicable): Example: Commission District, Developer, environmentalist, lay person, etc. . / Are you a registered voter in Collier County: Yes Y No Do you currently hold public office? Yes No y If so, what is that office? V Do you now serve, or have you ever served, on a Collier County board or committee? Yes r No If yes, please list the committees/boards: t~_~V~-~ O~ ~ ~ ~'~,40,.~'I ~-~?.~ ~,~5 {/l ~ ~ ~m,L~, Please list your community activities (civic clubs, neighborhood associations, etc. and positions held: / '-. Education: Experience: AGENDA 2003 Please attach any additional information you feel pertinent This application should be forwarded to Sue Filson, Executive Manager to the Board of County Commissioners, 3301 East Tamiami Trail Naples, FL 34112. if you wish, please fax your application to (941) 774-3602 or e-mail to suefilson~ollierRov, net Thank you for volunteering to serve the ~ of Coll. i~r Coumy. June 2, 2003 Sue Filson, Administrative Assistant Board of County Commissioners 3301 East Tamiami Trail Naples, FL 34112 Dear Ms. Filson; I am a past member of the Board of Building Adjustments and Appeals and a current member of DSAC. I would ask to be re-appointed to the DSAC advisory board to ensure that the iniatives of this committee, especially the new building department addition and improved response to review times are in place. As a forty two year old native of Naples, I see first hand the challenges of balancing growth and quality of life. I have a degree in finance from the University of South Florida. I am self-employed for twenty-three years as Owner/Parmer of Tamiami Builders, Inc. I currently hold a Florida Building Contractor license and Real Estate Sales license. I am familiar with the county staff personnel and permit procedures. I am also involved with improving opportunities and quality of life for the indigent, Hispanic and Haitian immigrants to our county. I will provide a statement of fmancial interest and other required documents if I am selected to serve. My motives are non pecuniary. I desire to give back and do my part in the community. Constructively, Brian E. Jones 2121 Heritage Trail Naples, FL 34112 239-643-5100 AGENDA ITEM NO. ~ MEMORANDUM DATE: TO: FROM: December 1, 2003 Joseph K. Schmitt, Community Development & Environmental Services Administrator Sue Filson, Executive Manager~ Board of County Commissionerg- Development Services Advisory Committee As you know, we currently have vacancies on the above-referenced advisory committee. A press release was issued requesting citizens interested in serving on this committee to submit a resume for consideration. I have attached the resumes received for your review as follows: William J. Varian 210 31~ Street, N.W. Naples, FL 34120 Joseph D. Gammons 185 Skipping Stone lane Naples, FL 34119 Please let me know, in writing, the recommendation for appointment of the advisory committee within the 41 day time-fi-ame, and I will prepare an executive summary for the Board's consideration. Please categorize the applicants in areas of expertise. If you have any questions, please call me at 774-8097. Thank you for your attention to this matter. SF Attachments FROM :NM J UARIAN FAX NO. :239352?392 Now. 17 2003 05: 13AM Pi Collier County Home I gCC 1 Application 10r Adv,sory Committees/Hoards }'age I ol I Board of County Commissioners 334)1 East Tamiami Trail Naples, FI, 34112 (239) 774-8097 Fax: (239) 774-3602 Application for Advisory Committee/Boards Name: ~O~C. Lxp}~ ~3". VAt~\~p, C.~,~ HomeAddr~s: ,~ 5]~ ~. ~-~. FaxNo. "7~ 0~ B~ine~Phone: Board or CommiUcc Applied for: Cam~o~ ~f ~pp~c~e): ~ ~ ~ampi~: C0mmi~ion Dis~ Develops, environmentali~ ~y per.n, etc. Are you a registered voter in Collier County: Yes Do you currently hold public office ? Yes If sa, what ix that office ? [NO /X, No Do you now serve, or have you ever served, on a Collier County board or Committee? Yes If yes, please ligt the committeeafooards: ~3~r~ O ~ .,~c~:~-T'g~AX.~.z~.a' ~. fi( No Pleaze list your community activities (civic clubs, neighboorh~md associations, etc.) and Please t,ttaah any additional information you feel pertinent. Th~ application should be forwarded to Sue Fllson. EXecutive Manager to the Board of Ctranty C. omrnissioner$, 3301 F_~st Tamiami Trail Naples. FL 214112. If you wish. plcva~e fax your application to (94 I)774-3602 or e-mail to suefilson(~colliergov, net._ Thank you for volunteering to serve the citi~ =~?A~Aff.,,ttter ITEM .... County. Return to Top print this Page Cotli~r County ,,- n ...n,,.o/advisory%20application-htm http:llwvoN.co.c°mer .u. u~ ~ 11/1,3/2003 THU 11:26 FAX [ 002/003 Board of County Commissioners 3301 East Tamlami Trail Naples, FL 34112 (941) 774-8O97 Fax: (941) 774-3602 Application for Advisory Committees/Boards Home Phone: Zip Code: Fax No. o~' V -- ~' ~'/0 Business Phone: ~ ? -/~/L e-mail aadress:Lff,~,~ ~_ ~/~-,~c_ ~ Board or Committee Applied for: '~_~6'¢~!1~f~ ~' , 5e~4~c~ /~'.~o~./ ~t'¢tg~'~ Category (-ff apphcable): Example: Cammisaion El~trict, Oex'eioper, environmentalist, la}, pe~xun, etc. Are you a registered voter in Collier County: Yes ~ No Do you currently hold public of Hce? Yes No t~~ If ~ what is that oIHce? Do you now serve, of have you ever sewed, on a Co]Her Count~ board or committee? Yez If yes, please list the committees/boards: No p~ Please lkst your community activities (civic clubs, neighborhood associations, etc- and positions Education: Experience: AGENDA ITEM NO_ _ pg. ~ ~ l'leawe ttttach a~ ~Gdlt]o~l inform~on ~ feel ~ Th~ app~n shouM be f°~a~ed to S~ ~i~on ~a~ger to ~ B~rd of Cou~ ~mmi~on~ ~301 E~ Tamiaml Tr~, ~!~, FL 3d112. If ~u wixh, plea~ f~ your ~on to ~4 0 77~3602 ar ~ to s~f~L~o~o_~ou, ne~ T~ you for ~rlng to ~e t~ Otl~ of C~ Co~. 11/13/2003 THU 11:26 FAX 003/003 Joseph D. Gammons 185 Skipping Stone Lane Naples, FL 34119 Tel: 239-354-0075 EXPERIENCE Office Furniture & Design Concepts Owner - 2003 to Present Multi-million dollar Steele. asa and OFUSA office furniture dealership serving Lee, Collier, Henry, Glades and Charlotte counties. Michigan Department of State Secretary of State Terri Lynn Land Director of External Relations - 2003 Headed the Department of External Affairs, Department of Governmental Affairs and Department o£Communications. Coordinated the operations for Michigan's Secretary of State, including the direction of her overall political career as well as the direction of her politically appointed start: Worked dally on solutions that would benefit the citizens oF the State of Michigan. Kent County Republican Committee Executive Director- ] 999 to 2003 Lead the 3~a strongest county Republican organization in the United States, implementing a budget of $500,000 to elect Republicans in Grand Rapids and West Michigan as a whole. Coordinated campaigns for elected officials from Township Trustee to President of the United States. Organized a Republican Presidential Primary Debate at Calvin College, sponsored by the Kent GOP. Consistently elected Republicans in two consecutive election cycles including Michigan's top Republican elected official, Secretary of State Terri Lynn Land. · United State Congress Congressman Dave Camp - 4th Congressional District, Michigan District Director- 1998 to 1999 Michigan State Senate Senator Walter H. North - 37th District District Representative / Deputy Director of Constituent Relations EDUCATION Michigan State University Bachelor of Arts in Political Science - May 1997 Hillsdale College August I993 to May 1995 'AGENDA_I/T? NO. { 6 2O03' EXECUTIVE SUMMARY CONFIRMATION OF APPOINTMENT TO THE REVENUE COMMISSION OBJECTIVE: To confirm the appointment of I member representing the Economic Development Council to the Revenue Commission. CONSIDERATIONS: The Revenue Commission was created on March 11, 2003 by Resolution No. 2003-118 to explore alternative revenue sources for meeting the County's numerous and varied needs. They will identify the infrastructure requirements, governmental service and community needs of Collier County; explore both private and public revenue sources to meet these needs; and submit written findings and recommendations annually to the Board of County Commissioners. This is a 19-member committee with thc respective 19 organizations nominating 1 representative. The commission will expire 18 months after its first meeting immediately subsequent to appointment of members. A list of the current membership is included in the backup. A letter dated December 1, 2003 was received from Tammie Nemecek, Executive Director, EDC, submitting a replacement member to represent the EDC on the Revenue Commission. Carol Girardin has recently resigned and the EDC has requested that the Board of County Commissioners confirm the appointment of Jamison Savage to replace Ms. Girardin. COMMITTEE RECOMMENDATION: EDC Recommendation: Janfison Savage FISCAL IMPACT: NONE GROWTH MANAGEMENT IMPACT: NONE RECOMMENDATION: That the Board of County Commissioners consider the request to confirm the appointment of Jamison Savage, and direct the County Attorney to prepare a resolution confirming the appointment. PrePared By: Sue Filson, Executive Manager Board of County Commissioners Agenda Date: DECEMBER 16, 2003 AGENDA ITEM NO. q~ DEC 1 6 2003 Pg. I 2002-2003 ED~rd OF Directors Freu r'ezeshkan President & CEO Kraft Construction Company, Inc. Immediate Past Chairman Robed E. Doyle, Jr. Padner Quarles & Brady LLP Chairman Elect Adria Parsons Executive Vice President Wachovia Bank Executive Director Tammie J. Nemecek Economic Development Council of Collier CounW Vice Presidents Brad Boaz Chief Financial Officer Barron Collier Companies Tom Conrecode Vice President, Governmental Affairs Collier Enterprises Geoffrey Moebius Hospital Administrator Cleveland Clinic Florida Hospital Naples Directors Buddy W. Brunker P'~-" Affairs Laura Dixon Chief Executive Officer Haynes Corporation Todd Gales President Gates McVey Builders, Inc. Carol Girardin Partner Girardin, Briant & Baldwin, LLC David Had Vice Presidenl, Governmental Relations WCI Communities Tim Parry Sr. Vice President & General Counsel Health Management Associates, Inc. Dr. Richard Pegnetter Dean, College of Business Florida Gulf Coast University Dr. Ursula Pfatrl Vice President, Marketing Yamron Jewelers Stephen L. Price Presidenl & CEO Florida Community Bank Jutie Schmelzle Senior Vice President ~ of America .as Faylor President & CEO Hole Montes & Associates, Inc. James Warnken Chief Financial Officer & Executive Vice President NCH Healthcare System, Inc. December t, 2003 Sue Filson, Executive Manager to BCC Collier County Government 3301 E. Tamiami Trail Bldg. C-1 Naples, Fl. 34112 ECONOMIC DEVFLOPMENT COUNCIL OF COLLIER COUNTY NAPLES, FLORIDA iMMOKALEE · MARCO ISLAND 3050 North Horseshoe Drive, Su~ 120 Naples, Flodda 34104, USA Phone: {239) 263-8989 Fax: (239) 263-6021 Toll Free: 1-866-eNaples e-moil: edc@eNa plesFIorida.com www. eNaplesFIorida.com Dear Ms Filson: The Economic Development Council of Collier County respectfully requests a replacement for Carol Girardin (Girardin, Briant & Baldwin, LLC.) with Jamison Savage (Global Wealth AdvisOrs) as our representative on the Collier County Revenue Commission. Due to excessive workload Carol Girardin has regretfully expressed to us that she would like to be replaced on the Collier County Revenue Commission. AGEND'~-IT--'EM NO. EEC ! 6 2003 PI,. Name Revenue Commission Work Phone Appt'd Home Phone DateRe-appt Exp. Date 2ndExTaDate Term 2nd Term Mr. James A. Peterka 1101 Edington Place Marco Island, FL 34145 E-Mail: District: 1 Category: Airport Authority 768-4486 06/24/03 389-4262 Ms. Marian Thompson 284 Sabal Lake Drive Naples, FL 34104 E-Maih mtisfi'ee~att.net District: 3 Category: Black Affairs Advisory Board 348--3335 Mr. William P. Harrison 389-5006 9896 El Greco Circle 9924922 Bonita Springs, FL 34135 E-~[ail: bharrison~cityofinarcoisland.com District: Category: City of Marco Island Mr. Clark Russell 643-1234 3005 Fort Charles Drive 777-0181 Naples, FL 34102 E-Mad: citycouncil(~naplesgov.com District: 4 Category: City of Naples Mr. Robert Guididas ~'~'~o-'C~ 649--1500 1550 13th Ave., N. to 643-6311 Naples, FL 34102 E-Mail: rguididas~communitybanko fnaples.com District:4 Category: Collier Building Industry Association Wednesday, June 25, 2003 06/10/03 06/10/03 06/10/03 0~1~03 Page I of 5 01/08/05 01/08/05 01/08/05 01/08/05 01/08/05 18 mos. 18 mos. 18 mos. 18 mos. 18 mos. AGEND&ITEM 2003 ~-ame Revenue Commission Work Phone Appt'd Home Phone DateRe-appt Exp. Date 2ndExpDate Term 2nd Term Mr. Rodney Lee Robinson 34 Golf Cottage Drive Naples, FL 34105 E-Mail: rodr~conservancy, org District: 3 Category: Conservancy of SW Florida 403-4235 06/10/03 213-4229 Mr. James R. Gibson 5041 Mabry Drive Naples, FL 34112 E-Maih jgibsonjr~aol.com Distn'ct: 1 Category: East Naples Civic Association 732-8830 Ms. Carol E. Girardin 693 Hickory Boulevard Naples, FL 34108 E-Mail: cgirardin@att.net District: 2 Category: Economic Development Council 597-9911 Ms. Mayme Dembecki 4178 27th Court, SW, Bldg 37 #103 595-6975 Naples, FL 34116 E-Mall: District: 3 Category: Golden Gate Civic Associaiton Mr. Matthew Hudson 248-7101 321 13th Street, S.W 354-2769 Naples, FL 34117 E-Mail: mhudson~viprealty.com District: '5 Category: Golden Gate Estates Civic Association 06/10/03 06/10/03 06/10/03 06/10/03 01/08/05 01/08/05 01/08/05 01/08/05 01/08/05 18 mos. 18 mos. 18 mos. 18 mos. 18 mos. Wednesday, June 25, 2003 Page 2 of 5 AGEND& ITEM E:2C 1 6 2003 Pg. _Name Revenue Commission Work Phone Appt'd Home Phone DateRe-appt Exp. Date 2ndExpDate Term 2nd Term Mr. Jeff Mangan 649-5699 9741 Wilshire Lakes Boulevard 513-1236 Naples, FL 34109 E-Mail: jrmconsu lting~earthlink.net District: 2 Category: Greater Naples Chamber of Commerce Ms. Teresa Nelson 1150 Reserve Way, Apt. 302 Naples, FL 34105 E-Mail: District: 3 Category: Hispanic Affairs Advisory Board 774-8875 434-2969 Mr. Clive Walcott 649-5500 3060 Horizon Lane,//1404 597-3793 Naples, FL 34109 E-Maih cwnext~aol.com District: 2 Category: Naples Area Hotel/Motel Association Ms. Janet Vasey 4398 Longshore Way, N. Naples, FL 34119 o E-Mail: jvasey~gulfaccess, net District: 3 Category: Productivity Committee 598-4378 Mr. Douglas M. Fee 921 Carrick Bend Circle, #201 Naples, FL 34110 E-Maih feegroup~aol.com District: 2 Category: 2nd District (POANCC) 513-1040 513-1040 06/10/03 06/10/03 06/10/03 06/10/03 06/10/03 01/08/05 01/08/05 01/08/05 01/08/05 01/08/05 18 mos. 18 mos. 18 mos. 18 mos. 18 mos. Wednesday, June 25, 2003 Page 3 of 5 Revenue Commission Work Phone Appt'd Home Phone DateRe-appt Mr. Samuel Joseph Moran 15081 Royal Fern Ct., H200 Naples, FL 34110 E-Maih joemoran~mindspring.com District: 2 Category: United Arts Council 392-5339 06/10/03 592-5339 VACANT Naples, FL E-Mail: District: Category: City of Everglades VACANT Naples, FL E-Mad: District: Category: Immokalee Civic Association Chose Not To Participate Naples, FL E-Mail: District: Catego~': Naples Better Government Committee Exp. Date 2ndExpDate 01/08/05 01/08/05 01/08/05 01/08/05 Term 2nd Term 18 mos. 18 mos. 18 mos. Wednesday, June 25, 2003 Page 4 of 5 AGENDA ITEM NO. ~ DEC 1 6 2003 Pg. ~ Revenue Commission Name Work Phone Appt'd Exp. Date Term Home Phone DateRe-appt 2ndExpDate 2nd Term Created on March 11, 2003 by Resolution No. 2003-118 to explore alternative revenue sources for meeting the County's numerous and varied needs. They will identify the infrastructure requirements, governmental service and community needs of Collier County; explore both private and public revenue sources to meet these needs; and submit written findings and recommendations annually to the Board of County Commissioners. This is a 19 member committee with the respective 19 organizations nominating 1 representative. The commission will expire 18 months after its first meeting immediately subsequent to appointment of members. FL STAT Staff.. Joe Schmitt, CDES Administrator:. 403-2385 Wednesday, June 2& 2003 Page 5 of 5 AGENDA ITE ~ No. ~ ESC 1 6 2~03 Pg._ 7 Board of County Commissioners 3301 East Tamiami Trail Naples, FL 34112 (941) 774-8097 Fax: (941) 774-3602 Application for Advisory Committees/Boards Name:__Jamison Savage. Home Address:__52 Golf Cottage Dr., Naples Fax No.._659.3225 Business Phone: jsavage~globalwealthadvisor, com " Home Phone: Zip Code:._____~105 _. 659.3225.__~mai1: ~.262.8382 Business:. Global Wealth Advisors,lnc. Board or Committee Applied for: CC_Revenne Commission Category (if applicable):. Example: Commission District, Developer, environmentalisl, lay person, etc. Are you a registered voter in Collier County: Yes X Do you currently hold public office? Yes No lfso, what is that office? No X Do you now serve, or have yma ever served, on a Collier County Imnrd or committee? Yes . If yes, please list the committees/boards: No Please list your community activities (civic clubs, neighborhood associations, etc. and positions held: Currently the Treasurer for SW Fi Youth for Christ, Young Republicans, EDC member Education: Barron Collier, F.S.U. Grad '96 ' Experience: I Moved to Naples in 1986 and received my degree in Business from Florida State Univ. ~ I manage Global Wealth Advisors, Inc., here in Naples and am married and have 2 sons. Please attack any mfii~ informmion you feel pertinent. Tkis gppigc~ion sko~ld I~ fot~rarded to Stsc i~lson, F-xectttive Manager to tke Botw~ of County Commi~ers. $3~! East Tttn~ Trat~ Na. pl~ FL 3411Z lf yo~t wisk, ple4t~e fox yo~r appli~ to (941)774-36~2 or e-maii to suefdso .nE~coHiergav. n~ lTsank you foe rolunteoing to so~e tire citizs~ of Collier Corinth. AGENDA ITEM no. DF:.-C 1 6 2003 Pg .... ~' RECEIVED COUNTY MANAGEI~ Olila~ UEC - 5 20O3 ^C~ FILE MEMORANDUM DATE: TO: FROM: SUBJECT: December 5, 2003 Jim Mudd, County Manager Tom Henning, Chairman Commissioner, District 3 December 16th BCC Agenda I am requesting an addition to the BCC Agenda of December 16th, under Item 9, Board of County Commissioners, for discussion and direction of staff. Request for staff analysis and drafting of an ordinance to regulate the Landscaping Mitigation Bank. Currently, Code Enforcement addresses pruning and removal violations through replacement of trees; no fines are implemented. I would like to suggest, as a replacement to current codes, to include monetary fines to individuals and developers, which will be applied to the Landscape Mitigation Bank. The following rules will apply: o For hatracking violations, a fine is assessed for each individual tree that is severely pruned. This fine is assessed regardless of whether tree replacement is required. (This will, hopefully, prove to be a deterrent for repeat violators.) Lee County currently implements a $100.00 per tree monetary fine. Modify the Code to provide donations to be directed to the Landscaping Mitigation Bank in lieu of off-site mitigation (when sought as an option for compliance in vegetation). The Bank will be the sole recipient of the mitigation funds, rather than the current code requirement of funds to be distributed a AOEI~i~ITfiM conservation organizations. No. DEC 16 2003 Memo to Jim Mudd, County Manager December 5, 2003 Page Two o Monetary fines to be assessed when an individual, who has the required permit to remove exotic vegetation, also removes native vegetation, referred to as "over-clearing". o Monetary fines to be assessed when a Developer deviates from their original SDP and are not able to add landscaping to their site, after-the-fact. I would appreciate your assistance in adding this item to the next agenda. Thank you. Tom Henning, C?.a! .r[n~an~ Commissioner, District 3 ~ TH:mst DEC 16 2003 - EXECUTIVE SUMMARY BOARD OF COUNTY COMMISSIONERS ITEM FOR DISCUSSION, PUBLIC INPUT AND CONSIDERATION OF DECISIONS RELATING TO CHARTER COUNTY FORM OF GOVERNMENT. OBJECTIVE: Board discussion with public input to gather information to consider a request for Collier County to consider procedures for moving to a charter form of government. CONSIDERATIONS: On November 18, 2003, Mr. Bob Stone, Chairman for Citizens for Charter Political Action Committee ("CFCPAC'), spoke to the Board under Public Petition Agenda Item 6B. The reason to address the Board was "[T]o petition the Board of County Commissioners with a verbal and written request to appoint members to a Charter Commission for the purpose of the study and writing of a Charter document for Collier County." The Board was asked to "[W]ithin a thirty (30) day period after receipt of this petition, establish a resolution to appoint members to a Charter Commission for the purpose of the study and writing of a Charter document for Collier County in accordance with Florida Statutes 125.60-64." During the public petition presentation, Mr. Stone provided the Board with an additional written request of the CFCPAC Executive Board requesting Board adoption of a resolution establishing and appointing members to a Charter Commission and a draft Charter document by CFCPAC requested to be provided as a "guide" to a Charter Commission, upon creation and member appointment [attached]. After discussion, the Board directed the subject matter of a charter form of government for Collier County be brought back before the Board as a regular agenda item, including consideration for a petition process under the laws addressing the charter form of government. A copy of the Florida Statutes pertaining to county charter government is attached. Also provided is a copy of the initiative petition form utilized by the Collier County Supervisor of Elections pursuant to Section 125.61, Florida Statutes. An example of petition language is provided. FISCAL IMPACT: None for this agenda item. Any future petition process, Charter Commission operation and election referenda would have fiscal impact. GROWTH MANAGEMENT IMPACT: None. Prepared by: /O · Tom Henning, Chairman /Y' Date: Date: DEC ! 6 2003 Pg. From: The Citizens for Charter Political Action Committee (CFCPAC) To: The Board of County Commissioners, Collier County Florida Subject: Initiative petition for the establishment of a Charter Commission, and appointment of members submitted November 18, 2003. Reference: (a) Article VIII, Florida Constitution (b) Title 11, Chapter 125.60-64 Florida Statutes Attachment (a) Proposed Draft Charter document for Collier County. It is requested that the Board of County Commissioners of Collier County Florida adopt a resolution in accordance with reference (b) to establish and appoint members to a Charter Commission for the purpose of the study and writing of a Charter document for Collier County. If this resolution cannot be adopted this date, it is requested that it be adopted at the next regularly scheduled meeting of this board. Upon the appointment of members to the Charter Commission it is requested that attachment (a) be provided as a guide for this Commission in the writing of a charter document for Collier County. Ail requirements regarding this petition sha~l be in accordance with Florida Statutes 125.60 through 64. Citizens for Charter Political Action Committee Executive Board. Bob Stone Rosmarie Strother Secretary Treasur,,~r Don Baumgartner Mary Lou Hull AGENDAJ[EM NO. DEC 1 § 200 P~. ~.~ Collier Charter Draft. presented to the Board of County Commissioners NoYernb~,~r !8. 2003 Preamble We the people of Collier County, in order to attain greater local control over our own destiny, to create a more responsible, effective, efficient, and responsive government embodying the concept of separation of powers for the citizens of the county, to empower lhe people of this county to make changes in their own government, and to guarantee constitutional rights to all equally, and avail ourselves of the opportunity afforded by the Constitution of Florida, do hereby ordain and establish this Charter for Collier County. Article 1: Creation, Powers, and Ordinances of Charter Government 1.1 Creation and general powers of home rule charter government Collier County shall be a charter county, and except as may be limited by this charter, shall have all powers of self-cjover, nment granted now or hereafter by the constitution and Iaws of the State of Florida. 1.2 Body corporate, name and boundaries Collier County shall be a body corporate and politic. The corporate name shall be Collier County. The county seat and boundaries shall be those presently designated by law. 1.3 Relation to s~ate law Under this charter the County shall have all powers of local sel[-cjovernment including all powers and duties prescribed by/he constitution and general laws of the State of Florida. The provisions of Ibis charter are net intended, and shall not be construed to con, icl with ',he constilution, or general laws of the Stale of Florida, or special law approved by vote of the electorate. '1.4 Special powers and duties of the county The County operating under this charter, sha!l have ail special powers and duties which are not inconsistent with this Charter, heretofore granted by Slate or Federal law to the Board of County Commissioners, and shall have such additional county and municipal powers as may be required to fulfill the intent of this charter. Municipal ordinances shall prevail over county ordinances to the extent of any conflict. Article 2: Or§anization of County Government 2.1 Legislative Branch 2.1.1 Board of County Commissioners, Composition, Election, Terms The governing body of the coun~ shall be a Board of Counb./Commissioners comcosed of five (5) members sap/in9 staggered terms of four (4) yearn. There shall be pu~ua~t to general law, one county ~mmissioner for each of fha five (5) ~unty commission election districts and each county commissioner shall be elected from the single member d~strict in A A M DEC 1 6 pg. '~ which they ser~e. Each county commissioner during the term of office shall reside in the district from which such commissioner ran for office, provided that any commissioner who is removed from a district due to redistricting may continue to serve dudng the balance of the term of office. No commissioner shall-serve more than two full terms on the board of county commissioners under this charier. This charter shall not modify in any manner the district representation of the Bosrd of County Commissioners. 2.1.1.1 Interest No Commissioner shall be excused from voting upon any matter before the County Commission except where such matters involve the consideration of his/her own official conduct, or where a personal financial interest is involved, in which case he/she shall be disqualified from voting. 2.1.2 Salaries and other compensation The salary and other compensation of the county commissioners shall be uniform and shall be set by ordinance. The salary in effect at the time this Charter is approved by the citizens will be the base salary of the county Commissioners. Salary increases shall be limited to one per year and shall be tied to the to the Sodal Security Cost of Living Adiustment (COLA) and will otherwise not be changed except by citizen referendum. 2.2 Executive Branch 2.2.1 Division of Powers This Charier hereby establishes the separation between the legislative and the executive functions of this government. The establishment and adoption of policy shall be the responsibility of the Legislative Branch, and the execution of that poli©./shall be the responsibility of the Executive Branch, 2.2.2 Elected County Manager A duly elected county manger shall exercise the executive responsibilities as the chief executive officer of the county and serve no more than two consecutive terms of four years each. The responsibilities of this office shall be in accordance with Florida Statute 125.84(1), 125.85, and/or as fudher directed by the language of the charter document. 2.2.2.1 Salaries The salaw in effect at the time this Charter is approved by the citizens wilt be the base saiary of the County Manager. The salary and other compensation of the County Manager and other elected county positions shall be set by Ordinance, and will be commensurate with the responsibilities of the office. Salaries shalt be adjusted yeady to the Social Security Cost of Living Adjustment (COLA) and will otherwise not be changed except by citizen referendum. 2.2.2.2 Budget and Veto The County Manager shall prepare and submit to the Board of County Commissioners in a timely fashion the annual budget for the county. The County Manager shall have the power of line item veto on any changes initiated by the County Commission, which in turn shall have the power to override a veto by a supermajority vote. AGENDA I~£M NO. DEC 1 6 2003 2.2.3 County Department Heads The county department heads shall be appointed by the County Manager, shall be employees at will, and be responsible ~o that office for the day to day functions of their responsibilities. The County Manager shall have the sole authority to terminate any department head with cause. The County Manager shall fix the compensation of county department heads. 2.3 County Attorney 2.3.1 Appointed Office The Board of County Commissioners shall appoint the position of county attorney. The County Attorney shall be a member in good standing of the Florida Bar, and reside within the county during the term of employment. The county attorney shall provide legal services to the board of count,/commissioners, county departments, county boards and agencies as specified by count,/ordinance. The compensation of the county attorney shall be fixed by ordinance and be commensurate with the responsibilities and duties of the office. Article 3: Elected Constitutional Officers 3.1 Defined The offices of Sheriff, Property Appraiser, Tax Collector, Clerk of the Circuit Court, and Supervisor of Elections shall remain as elected county constitutional cffices and the powers, duties, and functions shall not be aitered by this Charter with the exception that the Clerk of the Circuit Courts as the financial officer of the county will have overview of the county budget. The constitutional officers shall perform their executive and administrative functions as specified by Florida stale law. 3,1.1 Sheriff The position of Sheriff shall be an elective constitutional office under the terms provided in state taw. The Sheriff shall be responsible for the protection of lives and property of the citizens of the county; enforce laws mandated by Florida Statute and county ordinances; manage the centralized dispatch center; receive calls for law enforcement, fire and rescue; be responsible for dispatching and maintaining coordinated communication for responding units; provide ~,ah~f,s for county courts and oversees and operate the county jail. 3.1.2 Property Appraiser The position of Property Appraiser shall be an elective constitutional office under the terms provided in state law. The Property Appraiser shall appraise all property within the borders of the county, administer ad valorem exemptions, produce and administer the tax rolls for the board of county commissioners, the Municipal Services Taxing Units, the School Districts, and various municipa!ifies and other entities in the county, 3.!.3 Tax Collector The position of Tax Collector shall be an elective constitutional office under the terms provided in state law. The Tax Collector shall collect and distribute all current and deiinquent ad valorem taxes and non-ad valorem assessments levied by the board of county commissioners, school board, municipalities, and refuse and water districts; act as an agent for the Department of Highway Safety and Motor Vehicles and Fish and Wi!d!ife Commission AGEN~.A/~TI~M NO. DEC 1 6 2003 pg., in the issuing of licenses and the collection of fees; collect toudst development taxes and occupational ~icense fees. 3.1.4 Clerk of the Circuit Court The position of Clerk of the Circuit Court shall be an elective constitutional office under the terms provided in state Jaw. The Clerk of the Circuit Court shall be custodian of ail court records, evidence, and the court's seal; issue process, enter judgments and orders, give certified copies from record; collect court ordered child support, court fines and fees, and make disbursements pursuant to law; act as the count'/recorder, issue marriage licenses and home solicitation permits; collect and distribute documentary stamps and intangible taxes for the Department of Revenue; provide a full range of financial services to the county; prepare financial statemenLs and olher mandated financial reporting; provide general accounting, accounts payable, payroll accounts receivable; grant and enterprise accounting, treasury and investment functions, debt and property management, and internal auditing; record the minutes of the board of county commissioners meetings. 3.1.5 Supervisor of Elections The position of Supervisor of Elections shall be an elective constitutional office under the terms provided in state law. The Supervisor of Elections shall be responsible for all matters pedaining to voter registration within the county; supervise county, state, and national elections; maintain the county's voting equipment, files, candidate contributions and expenditure reports; oversee candidate qualifying, financial disclosures filed by selected c.;.;jovemment officials and employees, and assist county municipalities with their elections. Article 4: Powers Reserved to the People: Initiative, Referendum, and Recall 4.1 initiative The power to propose amendment or repeal of this chad~r, or to propose enactment, amendment or repeal of any county ordinance by initiative is reserved to the people of the county. A petition signed by 4 percent of the qualified e~ectors of the county is required. 4.1.1 Procedure for Petition The sponsor of an initiative shall prior to obtaining any signatures, submit the ten of a oroposed ordinance to the supervisor of elections with the proposed, ballot summary and ~e ;form on which signatures will be affixed and obtain a dated receipt therefore. Any such ordinance shall embrace but one subject and matter directly connected therewith and include a fiscal impact statement. The sponsor shall cause a notice of such submission to be published within fourteen days thereof in a newspaper of general circulation in the county. The allowable pedod for obtaining signatures on the petition shall be completed not later than one year after initial receipt of the petition by the supervisor of elections. The sponsor shall comply with ail requirements of general I~rw for political commiUees, and shaft file quaderly reports with the supervisor of elections stating to the best of the sponsor's information and belief, the number of signatures procured. The time and form of such reports may be prescribed by ordinance. When a sufficient number of signatures is obtained, the sponsor shall thereupon submit signed and dated forms to the supervisor of elections and upon submission shall pay all fees required by general law. The supervisor of elections shall within sixty days after submission, verify the signatures thereon or specify a reason for the invalidity of each rejected signature if the petition is reiected for insufficiency of the number of va!id signatures. If the petition is rejected for insufficiency of the number of signatures, the sponsor shall have an additional thirty days within which to submit additional signatures for NO. Lru DEC 1 § 2OO3 Pg. verification. The supervisor of elections shall within thirty days verify the additional signatures. In the event sufficient signatures are still not acquired, the petition initiative shall be rendered null and void and none of the signatures may be carried over onto another identical or similar petition. 4.1.2 Consideration by Board of County Commissioners Within sixty days after the requisite number of names has been venfied by the supervisor of elections and repoded to the board of county commissioners, the board of county commissioners shall give notice and hold a public hearing on the proposed ordinance according to law and vote on it. If the board fails to enact the proposed ordinance, it shall by resolution call a referendum on the question of the adoption of the proposed ordinance to be held at the next general election ocoumng at least forty five days after the adoption of such resolution, tf the question of the adoption of the proposed ordinance is approved by a majority of those registered electors voting on the question, the proposed ordinance shall be declared by resolution of the board of county commissioners to be enacted and shall become effective on the date specified in the ordinance or if not so specified on January 1 of - the succeeding year. The board of county commissioners shall not amend or repeal an ordinance adopted by initiative without a majority of the electors voting at a referendum called for that purpose. 4.1.3 Ordinances by Initiative The power to enact, amend or repeal a county ordinance or amend this Charter by initiative rests with the people of the county. There shall be no limitation on any ordinances written within the county regardless of the type, which the people do not have the power to amend, or repeal, with the requisite number of signatures as stated previously. 4.2 Referendum '4.2.1 Procedure The power to bring to a referendum of the people any ordinance which is proposed or initiated by the board of county commissioners rests with the people of [he county. 4.3 Recall 4.3.1 Procedure The power to recall any elected official not adhering to the code of ethics or who engages in the public abuse of the office that they occupy rests with the people of the county. 4,3.1,1 Grounds for Recall The grounds for removal of elected officials under this Charter shall be cleady stated in the rec~il petition and be limited to the following items: Malfeasance; Misfeasance; Nonfeasance; Neglect of duty; Drunkenness; Incompetence; Permanent physicai or mental inabiiity to perform off%iai duties, and Conviction of a felony involving moral turpitude. AGENDA t'~EM NO. DEC 1 6 21:1113 pg. Article 5: Ethics 5.1 Code of Ethics This Policy shall be known as the Collier County Code of Ethics. 5.2 Intent and Purpose It is declared to be the policy of the county that public officers and employees are agents of the people and hold their positions for the benefit of the public. Such officers and employees are bound to observe the highest standards of ethics regardless of personal considerations recognizing that promoting the public interest and maintaining the respect of the people in their government must be of foremost concern. No public officer, candidate for election, or employee shall solicit or accept goods, services, monetary consideration, gift, loan, award, promise of future employment, meal, entertainment, sporting event, or favor, based upon any likelihood or understanding that the vote, official action, or judgment of the public officer, employee, or candidate would be influenced thereby. This extends to the campaign contributions by any entities who may come before any elected or appointed public official whose official duties may be to render decisions which may be of benefit to those entities. All public officers and employees of the county are hereby bound to the ethics requirements of state statute 112 and those as stated in this charier. 5.2.1 Integrib.¢ The proper operation of County government requires the County Commissioners be independent and impartial; that County policy and decisions be made through established processes; that a County Commissioner not use public funds to obtain private benefiLs; that a County C'ommissi°ner avoid actions which create the appearance of using public office to obtain a benefit; and that the public have confidence in the ~ntegrfty o, its County §ovemment and County Commissioners. 5.3 Acknowledgement 5.3.1 Understanding by Commissioners Ail County Commissioners, upon taking their oath of office to their current term, shall submit a signed statement to the County Attorney acknowledging that they have received and read the Collier County Code of Ethics, that they understand it, and that they are bound by it. 5.3.2 Understanc~ing by Candidates All candidates for county office, upon qualifying to run for that office, shall submit a signed statement to the Supervisor of Elections acknowledging that they have received and read the Collier County Code of Ethics, that they understsnd it, and that they are bound by it. 5.4 Interpretation and Ad¥isoW Opinions 5.4.1 Applicability When in doubt as to the applicability and interpretation of the Collier County Code of Ethics, any County Commissioner may request an advisory opinion from the County Attorney's office. The County Attorney's Office shall keep a file, open to the public, of al! electronically transmitted or written opinions issued and submit a copy of each opinion rendered to every County Commissioner. AGENDAJ]'£M NO. °t DEC 1 6 2003 pg. 5.4.2 Advisory opinion Any County Commissioner may request a review by the Board of County Commissioners of any advisory opinion. A majodty vote of the Board of County Commissioners shall be the final determination of said opinion. 5.5 Definitions 5.5.1 Generally All provisions, terms, phrases, and expressions contained in this Charier shati be liberally construed in order that the true intent and meaning of the people of Collier County may be fully carried out. Terms used in this Charter, unless olherwise specifically provided, shall have the meanings prescribed by the statutes of this stale for the same term. 5.5.2 Definitions Unless expressly provided herein to the contrary, for purposes of this Collier County Code of Ethics, the following definitions shall apply: a. "Candidate" shall mean any individual who has flied a statement of financial interest and qualification papers, has subscribed to the candidate's oath required by Section 99.021, Florida Statutes, and seeks by election to become a member of the Board of County Commissioners. b. "Conflict'", or "A Conflict of Intere~" shall mean a situation in which regard for a private interest could outweigh a public duty or interest. c. "Count,/Commissioner" shall mean any member of the Board of County Commissioners of Collier Counb/, Florida. d. "Padicipate" shall mean any attempt to influence a decision by oral, written or other communication, whether made by a person subject to this Collier County Code of Ethics or at his or her direction. e. "Person" shall mean individuals, firms, association, joint ventures, partnerships, estates, trusts, business trusts, syndicate, fiduciaries, corporations (profit or not-for- profit), professional corporations or associations, and all other groups or combinations however constituted. f. "Relative" shall mean an individual who is related to the subject county o~cial as father, mother, son, daughter, brother, sister, uncle or aunt, or anyone who is related by marriage or engaged to be married to the subject county official. 5.6 Conflicts of Interest 5.6.1 Prohibition of Doing Business with the County a. No elected o~cial or county employee acting in his or her official capacity may, either directly or indirectly, purchase, rent or lease any realty, goods or services for. the County, from any person in which said official or employee, or his or her relative, is an officer, padner, director or proprietor, or in which he or she or any relative (or any combination of them) has a material interest. For purposes of this Section, o,,,v, nership of five (5) or more percent of the total assets of a business entity si~a~l - constitute a matedat interest. b. No elected official or count,./employee acting in a private capacity, or a member of his or her immediate faro]y, m~y rent, lease or sell any rea!fy, goods or services to the County. 7 AGEN A M .o. DEC 1 6 2003 Pg- c~ 5.6.1.1 Prohibition of Lobbying No elected official or county employee, having left office or county employment for any reason, shall appear before the County Commission, the Planning Commission, any other regu[ator'y or advisory board or commission, or county agency, on behalf of any individual or entity for a period of three years. 7his prohibition shall continue indefinitely for any matter with which the elected official or county employee may have been connected or to whiCh the indNidual may have been assigned as an official duty of oMce or employment. 5.6.2 prohibition of Conflicting Employment or Contractual Relationship No County Commissioner shall have or hold any employment or contractual relationship with any person if the approval, concurrence, decision, recommendation or advice of the Count'/ Commissioner in his or her official capacity may be sought, obtained or required on any county matter involving such person. as required 5.6.3 Disclosure Before submitted applicable disclosure forms to the Florida Secretary of State, by Section 112.3145, Florida Statutes, County Commissioners shall submit to the County Attorney such completed forms for review for accuracy. 5.6.4 Other ~3oards ~ndividual Commissioners shall not serve on any advisory board internal to the county govemme~- 5.c~.5 Makeup of Boards ' ns and temporary, will be composed of Boards, committees, or commissto , both permanent an odd-number of members, and will include persons professionally credentia[ed in the subject field and lay persons representative of the general public. Expeds may be called to provide testimony on particular aspects of the matter under consideration, but in all cases the voting majodty sha~l be of lay persons. 5.7 Acceptance of Gif~-s 5.7.1 Prohibitions A county Commissioner, individual elected to that office, nominee of a major party for election to that office, other elected official, or county employee shall not, directly or indirectly, solict, accept or agree t.o accept for himself or herself, or for a relative, anything of value which can be reasonably inferred as intended or expected to be intended to influence the performance of an official act. This provision shall not be construed to prohibit the exchange of gifts between county employees if such acts are associable with the reasonable and customary practices of the private sector. 5.8 Voting Conflicts 5.3.1 General A County Commissioner is prohibited'from voting or participating in his or her official position on any matter ii he or she knows or should know that doing so would inure, either directly or indirectly, to: DEC 1 6 pg. a. His or her special private gain; or The special private gain of any person by whom he or she is retained for compensation; or c. The special private gain of any of his or her relatives. For the purposes of this sub-section, "special private gain" shall mean economic benefit or loss of any kind that inures to the person, as opposed to a ctass of similarly situated persons. 5.8.2 Disclosure County Commissioners prohibited from voting or participating on any matter pursuant to sub- section 5.8.1 above, shall: a. Publicly state to the assembly the nature of their interest in the matter in which they are prohibited from voting and padicipatin9; and b. Disclose in writing the nature of their interest in the matter from which they are prohibited from voting and participating. Such written disclosure shalt be submitted within seven (7) days after the vote occurs in a memorandum to the Clerk of the Circuit Court, who shall incorporate the memorandum in the minutes. 5.9 Representation Standards 5.9.1 Time Interval A County Commissioner is prohibited for three (3) years after leaving office from representing for compensation any person before any entity of the Collier County 9overnment, including county staff or consultants. 5.9.2 Contacts All County staff and consultants are prohibited from direct or indired contacts on official su~e~,.on matters before them with former County Commissioners covered by · ~ ~-,i 5.9.1 above- 5.9.3 Consu~f:an[s Engineering or other consulting firms currently under contract with the county or for a period of six months following the end of such a contract shall not represent clients with business, petitions, or other matiers before the county. 5.9.4 Statement of Qualifications Ail consulting, engineering, research, or other agencies intent on providing professional services to the County shall file, on an annual basis, a slatement of their qualifications to provide such services and their intent to be considered in the competitive bidding process. No agency holding a current Courtly conlra¢ exceeding the threshold amount provided in F.S.s. 287.017 for CATEGORY FIVE shall represent groups or individuals in matters before any county entity acting in a quasi-judicial role. Consulting, engineering, research or other firms representing groups or individuals in matters before any county entity acting in a quasi- judicial roie shall be ineligible for county contract work over the threshold amount provided in F.S.s. 287.017 for CATEGORY -P,'VO either as the pdme contractor or as a sub-contrsctor. 9 AGEJ"~DA/TEM NO. ~(~'~ DEC 1 6 2003 5.10 Prohibition of Campaign Contributions by Contractors 5.10.1 Limits A county Commissioner, or candidate for County Commissioner, sha[l not solicit or accept political campaign contributions from any person who is an officer, partner, director or proprietor of, or has a material interest in, a business entity which has a contract, or is in negotiations to contract, or has had a contract in the previous 24 months with Collier County in excess of $10,000 per year either for personal services or for the furnishing of material, supplies, services, or equipment to Collier County, or for selling land or a building to Collier County, or for any franchise agreements with Collier Ceunty. For purposes of this Section, any equib/interest, whether voting or not, in the assets of a business entity shaft constitute a material interest. 5.11 Prohibition of Interference with Performance of Duties by County Employees or Contractors 5.11.1 Interference Except for the purposes of inquiry and information, all County Commissioners are prohibited from interfering with or directing the performance of the duties of any employee or contractor under the direct or indirect supervision of the County Manager, Counb/Administrator, County Attorney, or County Auditor. This shall not prevent a County Commissioner from referring a citizen complaint or request to the County Manager or County Attorney. Violations of this section shall be constitute maffeasance within the meaning of Section 100.361(1 )(b) Fiodda Statutes. 5.12 Residence Required in County Commission District 5.12.1 Location Ail County Commissioners or candidates for County Commissioner or candidates for other offices representing a County Commission District shall reside in that district. All candidates for public office elected at-large shall reside in Collier County. 5.13 Availability of Documents to the Pubiic 5.13.1 General The County Attorney shall ensure that copies of public documents releva~-~t to the conduct in office by County Commissioners and all other holders of elective of[ice are available in print form at the office of the Clerk of the Circuit Court and at ail branche, s of the Collier County Library, and in electronic form on the individual County Commissioner's official web site, as maintained by Collier County information Services (IS). These documents shall include, but not be limited to, the following: a. The signed acknowledgment statement required in Section 5.3.1 above; b. All advisory opinions requested by that County Commissioner under the provisions of Section 5.4.1 above; c. All Form 2, Form 6, Form 9 and Form 10 reports required of that County Commissioner by Chapter 112, Florida Statutes, since taking office; d. All Campaign Treasurer's Repods required of that County Commissioner in seeking election or re-election for the office currently held by Chapter 106, Fiodda Stai. utes; and e. A ledger showing itemized disbursements in that County Commissioner's discretionary account [or travel, office and related o~cial expenses. 10 DEC 1 6 2003 pg. 5.14 Enforcement 5.14.1 Complaints Persons making a complaint of violations of this Code of Ethics shall submit the complah'~t to the County Attorney, who will determine legal sufficiency.' 5.14.2 Hearing Officer If the County Attorney determines that legal sufficiency exists, the County Attorney shall hire and appoint a Hearing Officer to determine probable cause of violation or violations. 5.14.3 Final Determination If the Headng Officer determines probable cause of violations, the Board of County Commissioners shall make a final determination upon a majority vote of ail members, except for the member who is the subject of the complaint. 5.14.4 S~ndard None of these prOceedings shall be bound by the strict rules of evidence, and the standard of proof required for a final determination of violation shall be a preponderance of evidence. 5.14.5 Sanctions At the discretion of the Board of County Commissioners, sanctions may include reprimand or censure, or removal or ex~usion from leadership positions, 9Graining boards, and other official positions or duties that do not conflict with Section 12o.0 , Florida Statutes. Violators are also subiect to the recall provisions of Sectior~ 5.14.5 Gl' this Charier. 5.15 Effective Date The effective date of the provisions of the Collier County Code of Ethics is the date of the special eiection in which the citizens of the county approve this Charier. Article 6: Public participation and inclusion 6.! Cit';zen's Bill of Rights This government has been created to protect the governed, not the governing. In order to provide the public with full and accurate information, to promote efficient administrative management, to make government more accountable and accessible, and to insure to persons fair and equitable treatment, these rights are guaranteed. 6.f.i Government Access This government wilt provide at all reasonable times, considered to be normat business hours, convenient access to all citizens. 11 DEC 1 6 2'883 6.1.2 Truth in Government No information access wilt be denied citizens of the county to 9overnment records or information, nor will raise information be given by any member o1' the county government, or knowingly omit si9nificant facts when giving requested information to members of the public. 6.1.7, Public Records Records not under seal by order of a coud or otherwise legally restricted will be available for public scrutiny. 6.1.4 Minutes All minutes and supporting materials of public business will be open to the citizens of the county. 8.1.5 Right to be Heard All citizens have the right to be heard by the county government. Citizens will not be denied access to any headn9s, or meetings where public business is discussed. They. will be provided reasonable time, defined in a posting at each meeting place, to state their concerns or reservations regarding county business. 6.1.6 Right to Notice Citizens have to right to notice of any hearing well in advance of the hearing in order to preoare for it. No hearing ,,viii be heid in which the citizens have not been notified in plain and understandable language in public notices as to content and hearing matter. No unreasonable postponements will be made to items placed_ on a formai agenda by the county. 6.1.7 Right to public Hearing All citizens have the right to a public hearing upon a timely request. 6.1.8 Right to Ful~, Oisclosure and Proper Notice county commission shall not propose, debate, or pass any ordinance, rule, regulation, or The . ; - · . s more than one subject, that subject bein. g cl.ea?. , other teglslat,ve prowsl__o.n t~at e,rnb,race ' ;~ ntiretv in all related and/or required expressed in tile title, the utle snail appear Ln ,,~ e notices and agendas. 6.i.9 Righ~- to Access to Government Controlled Nledia All citizens have the right of reasonable access to county media facilities, including but not limited to television channels, radio programs, Internal or Web facilities, and print distributions. Such access shall be accorded in direct propodion to the time and/or space allocated to any subject, matter, or issue related to the planning, administration, execution, or review of county affairs. 6.2 Budget 6.2.1 Cou,*,ty Personnel County personnel, funds, or facilities shall not be used to proselytize undecided or developing issues before the county. 12 AGENDA ITEM NO... q DEC ! 2002 IH 6.2.2 County Manager and Attorney's Report The County IVlanager and the County Attorney will quarterly make a public status report of all major matters pending or concluded within their respective jurisdictions_ 6.2.3 Budgeting In addition to any budget required by state statute, the County Manager will, prior to the county commissioners first public hearing on the proposed budget, make public a budget summary setting fodh the proposed cost ot~ each individual program and reflecting all major proposed increases and decreases in funds, personnel, and personnel salaries, for each program, the purposes therefore, the estimated mille9e cost of each program and the amount of any contingency and carryover funds for each program. This includes the budgets of the county constitutional officers. t~.2.4 Quarterly Budget Comparisons The County Manager shall make public a quarterly report showing the actual expenditures during the quarter just ended against one quad. er of the proposed annual expenditures set forth in the budget. Such report shall ~lso reflect the same cumulative information for whatever portion of the fiscal year that has elapsed. ,3.2.5 Adequate Audi~:s The county financial officer shall insure thai an independent, certified public accounting firm in accordance with generally accepted auditing standards conducts an annual audit of the ccur¢.y budget. A summary of the results inch_Jding any deficiencies found shall be made public. Auditing firms shall not perform more ~han two consecutive audits, and shall remain ineligible to perform work on behalf of Collier County until a foudh year shatt have ir~tervened. ,5.2.5 Expenditure Limitations The General Fund Operating Budget shall be set at the amount of the prior year, adjusted by a factor equal to the Social Security Cost of Living Adjustment (COLA) plus the annual percentage of population increase in Collier County. Any overage of revenue above this amount, from any source, shall be returned to the citize~;s as a tax rebate. In addition, the county reserve fund, as indicated in the Comprehensive Annual Financial Repod (CAFR) shall be limited to no more than 5% above absolute and documented contingency items approved by the elected county manager each fiscal year and any overage refunded as a tax rebate to citizens. No annual carryover will be permitted, increases above these limitations shall be authorized by citizen referendum. 6.3 Taxes Other than ad valorem property taxes the counly commission shall not impose or increase any tax, fee, or assessment of any nature within the county without referendum. No new bond issues ,,,,,itl be invoked without citizen referendum. No existing bond issue fund amounts or extensions of tin'~e limitations will be increased or extended without citizen re~er~.ndum. 13 NO. DEC 1 Iii 2003 Article 7: Special Districts and Authorities 7.1 Defined The board of county commissioners may set such special and/or dependent districts and authorities as are required to effectively administer county government. 7.2 independent Districts Independent special districts shall be created only upon approval by citizen referendum. Article 8: Miscellaneous Provisions Miscellaneous provisions may be developed in order to effectively administer the duties of the offices of commissioner and manager of the county, These miscellaneous provisions must be in accordance with the provisions of this charter, 8.1 Effective Date The effective date of this Charier is the date of the special election in which the citizens of the county approve it. 8.2 Transition The transition from the constitutional to the charier form of government will begin immediately upon approval by the citizens of the county. The transition will continue until all requirements specified within this charter are fulfilled. 8.2.1 Continuation of Laws, Ordinances, and Contracts Laws and contracts in force at the time of the approval of this charter by the citizens of the county, will remain in effect unless, or until, they are changed by the requirements of this charter. 8.2.2 Administrative Code The County Manager, with the majority approval of the Board of County Commissioners, shall, wil_hin twelve (12) months of the adoption o[ this Charier, adopt an Administrative Code by ordinance and in accordance with general taws. The Administrative Code shall organize the administration of County government 2=nd set forth the duties, responsibilities, and powers of county officials and agencies. The provisions of the Administrative Code shall not be binding on the elected Constitutional Officers. 8.2.3 initial County Commissioners The persons comprising the Collier County Board of Commissioners shall, on lhe effective date of this Charter, shall become the initial Board or County Commissioners of the Charter Government so formed and shall perform the funct~ns of office unt'-;! the norma!'expiration o[ their term or until the qualification and election of their successor as provided by taw. 14 AGEND,.,A ,I'~'M NO. '-Ifd.[) .... . .... DEC 1 6 2003 8.2..4 Initial Elected Offices Any appointed person whose position is changed by this charter to an elected position shall be granted the option of occupying that of]ice for an initial term not to exceed four years and ending at the second biennial election following the adoption of this Charter. 8.2.5 Employee Continuation The charter will not change initial employees of the county at the time of the approval of this charter. 8.2.6 Continuation of Special Agencies and Advisory Bodies Agencies and advisory bodies in force at the time cf the approval of this charter will remain in force until changed by the County Manager or the requirements of this charter. 8.2.7 Outstanding Bonds Outstanding bonds in effect at the time of the approval of this charter will remain in force until changed by the Couniy Manager or the requirements of this charter. 8.3 Charter Amendment Amendment to this charter may be effected only by majority vote of the electors of the county, 8.3.1 Amendment by County Commissioners Amendment may not be effected to this charter by the board of commissioners except by majority vote of the electors of the county. 8.3.2 Amendment by Petition Amendment by petition to this charter will be by a majority vote of the electors of the county. 8.3.3 Amendment by Referendu~n Amendment by referendum Io lhis charter will be by a majority vote of the electors of the county. 8.4 Charter Review A charier review commission will be convened evew four years for the purpose of reviewing and proposing changes to this charter for the approval of the electors of the county. The charter review commission will be appointed in accordance with the provisions of state statutes and additionaJ!y be composed of a supermajority of laypersons representative of the citizens of the county. No individual shail serve on more i. han two consecutive chaffer review commissions. 8.5 Seve~'ability and ValidiDy tf any article, section, subsection, sentence, clause, or provision of this charter is held to be ia,Muliy or constitutionaily invalid, that article, section, subsection, sentence, clause, or provision of this charier is held to be Invalid, unenforceable under the provisions of this charier, and witho¢- effect on the remaining portions of this Charier. 15 NO. , DEC 1 6 2003 pg. PART II SELF-GOVERNMENT 125.60 Adoption of county charter. 125.61 Charter commission. 125.62 Charter commission; organization. 125.63 Proposal of county charter. 125.64 Adoption of charter; dissolution of commission. 125.60 Adoption of county charter.--Any county not having a chartered form of consolidated government may, pursuant to the provisions of ss. 125.60-125.64, locally initiate and adopt by a majority vote of the qualified electors of the county a county home rule charter. History.-s. 1, ch. 69-45. 125.61 Charter commission.-- (1) Following the adoption of a resolution by the board of county commissioners or upon the submission of a petition to the county commission signed by at least 15 percent of the qualified electors of the county requesting that a charter commissian be established, a charter commission shall be appointed pursuant to subsection (2) within 30 days of the adoption of said resolution or of the filing of said petition. (2) The charter commission shall be composed of an odd number of not less than 11 or more than 15 members. The members of the commission shall be appointed by the board of county commissioners of said county or, if so directed in the initiative petition, by the legislative delegation. No member of the Legislature or board of county commissioners shall be a member of the charter commission. Vacancies shall be filled within 30 days in the same manner as the original appointments. History.--s. 2, ch. 69-45; s. 1, ch. 73-290; s. 1, ch. 74-239. 125.62 Charter commission; organization.-- (1) A charter commission appointed pursuant to s. 125.61 shall meet for the purpose of organization within 30 days after the appointments have been made. The charter commission shall elect a chair and vice chair from among its membership. Further meetings of the commission shall be held upon the call of the chair or a majority of the members of the commission. All meetings shall be open to the public. A majority of the members of the charter commission shall constitute a quorum. The commission may adopt such other rules for its operations and proceedings as it deems desirable. Members of the commission shall receive no compensation but shall be reimbursed for necessary expenses pursuant to law. (2) Expenses of the charter commission shall be verified by a majority vote of the commission forwarded to the board of county commissioners for payment from the general fund of the county. The charter commission may employ a staff, consult and retain experts, and purchase, otherwise provide for such supplies, materials, equipment and facilities as it deems nee ess~E:t~ desirable. The board of county commissioners may accept funds, grants, gifts, and sep ice~r th~ DEC 1 6 2003 charter commission from the state, the Government of the United States, or other sources, public or private. 2 History.-s. 3, ch. 69-45; s. 820, ch. 95-147. 125.63 Proposal of county charter.-The charter commission shall conduct a comprehensive study of the operation of county government and of the ways in which the conduct of county government might be improved or reorganized. Within 18 months of its initial meeting, unless such time is extended by appropriate resolution of the board of county commissioners, the charter commission shall present to the board of county commissioners a proposed charter, upon which it shall have held three public hearings at intervals of not less than 10 nor more than 20 days. At the final hearing the charter commission shall incorporate any amendments it deems desirable, vote upon a proposed charter, and forward said charter to the board of county commissioners for the holding of a referendum election as provided in s. 125.64. History.--s. 3, ch. 69-45: s. 2, ch. 73-290. 125.64 Adoption of charter; dissolution of commission.- (t) Upon submission to the board of county commissioners of a charter by the charter commission, the board of county commissioners shall call a special election to be held not more than 90 nor less than 45 days subsequent to its receipt of the proposed charter, at which special election a referendum of the qualified electors within the county shall be held to determine whether the proposed charter shall be adopted. Notice of the election on the proposed charter shall be published in a newspaper of general circulation in the county not less than 30 nor more than 45 days before the election. (2) If a majority of those voting on the question favor the adoption of the new charter, it shall become effective January 1 of the succeeding year or at such other time as the charter shall provide. Such charter, once adopted by the electors, may be amended only by the electors of the county. The charter shall provide a method for submitting future charter revisions and amendments to the electors of the county. {3) If a majority of the voters disapprove the proposed charter, no new referendum may be held during the next 2 years following the date of such disapproval. (4) Upon acceptance or rejection of the proposed charter by the qualified electors, the charter commission will be dissolved, and all property of the charter commission will thereupon become the property of the county. History.-s. 4, ch. 69-45. PART IV OPTIONAL COUNTY CHARTERS 25.80 Short title. 25.81 Definitions. 125.82 Charter adoption by ordinance. NO. '~ ~ DEC 1 6 2003 3 125.83 125.84 125.85 125.86 125.87 125.88 125.80 Law? County charters; general provisions. County charters; optional forms. County charters; executive responsibilities.- County charters; legislative responsibilities. Administrative code; adoption and amendment. Civil service. Short litle.--This part shall be known and may be cited as the "Optional County Charter History.-s. 2, ch. 74-193. 125.81 Definitions.--As used in this part, the following words and terms shall have the meanings ascribed to them in this section except when the context clearly indicates otherwise: (1) "County charter" means the charter by which county government in this state may exercise all powers of local self-government not inconsistent with general law and as adopted by a vote of the electors of the county. (2) "Form of county government" is that form adopted by the electors providing for the operation of a county government operating under a charter which shall be provided in the charter. (3) "Officer" means all officials of county government operating under a charter which shall be provided in the charter. History.--s. 2, ch. 74-193. 125.82 Charter adoption by ordinance.-- (1) As a supplemental and alternative way to the provisions of ss. 125.60-125.64, inclusive, the board of county commissioners may propose by ordinance a charter consistent with the provisions of this part and provide for a special election pursuant to the procedures established in s. 101.161 (1) with notice published as provided in s. 100.342. The time period provided in s. 125.64 does not apply to the proposal of a charter by ordinance under this section. (2) Any charter proposed under this section which was adopted by vote of the electors at an election conducted and noticed in conformance with the requirements of ss. 100.342 and 101.161 (1) is hereby ratified. History.--s. 2, ch. 74-193; ss. 1, 2, ch. 88-38. 125.83 County charters; general provisions.-- (1) A county charter may prescribe one of the optional forms of government herein authorized, and shall clearly define the responsibility for legislative and executive functions in accordance with the provisions of this chapter. AGEND~T~I~ NO. (2) The county charter shall require all elective offices to be filled only by qualified voters c county. All appointed offices may be filled by nonresidents of the county; however, the ch the ,rterDEC 1 6 4 may require that, upon appointment, such officers shall reside in the county during their tenure in office. (3) The county charter shall define "vacancy in office" and provide methods for filling such vacancy. (4) The county charter shall provide that the salaries of all county officers shall be provided by ordinance and shall not be lowered during an officer's term in office. (5) The county charter shall provide a schedule for the transfer of governmental ~dnctions into the charter form of government as adopted. History.-s. 2, ch. 74-193. 125.84 County charters; optional forms.--Any county desiring to adopt a county charter shall provide for one of the following optio_nal forms of government: (1) COUNTY EXECUTIVE FORM.--The county executive form shall provide for governance by an elected board of commissioners and an elected county executive and such other officers as may be duly elected or appointed pursuant to the charter. The elected county executive shall exercise the executive responsibilities assigned by the charter and shall, in addition, approve each ordinance by signiNg it or allowing it to become approved without signature by failing to veto it or may veto any ordinance by returning it to the clerk of the board within 10 days of passage with a written statement of his or her objections, if two-thirds of the members of the board present and voting and constituting a quorum shall, upon reconsideration, vote for the ordinance, the executive's veto shall be overridden and the ordinance shall become law in 10 days or at such other time as may be provided in the ordinance or by resolution of the board, without the executive's signature. (2) COUNTY MANAGER FORM.--The county manager form shall provide for governance by an elected board of commissioners and an appointed county manager and such other officers as may be duly elected or appointed pursuant to the charter. The county manager shall be appointed by, and serve at the pleasure of, the board and shall exercise the executive responsibilities assigned by the charter. (3) COUNTY CHAIR-ADMINISTRATOR PLAN.--The county chair-administrator plan shall provide for governance by an elected board of commissioners, presided over by an elected chair who shall vote only in case of tie, and an appointed county administrator and such other officers as may be duly elected or appointed pursuant to the charter. The county administrator shall be appointed by, and serve at the pleasure of, the chair. The chair shall exercise, in conjunction with the administrator, the executive responsibilities assigned by the charter. History.--s. 2, ch. 74-193; s. 823, ch. 95-147. 125.85 County charters; executive responsibilities.-The executive responsibilities and power of the county shall be assigned to, and vested in, the appropriate executive officer, pursuant to the optional form adopted under s. 125.83, and shall consist of the following powers and duties: (1) Report annually, or more often if necessary, to the board of commissioners and to the citizens on the state of the county, the work of the previous year, recommendations for action or programs for improvement of the county, and the welfare of its residents; (2) Prepare and submit to the board for its consideration and adoption an annual ope budget, a capital budget, and a capital program; establish the schedules and proced ~ ti n~G E~I D A~IT.E;I~[. DEC 1 6 2003 Pg. ~1 5 followed by all county depadments, offices, and agencies in connection therewith; and supervise and administer all phases of the budgetary process; (3) Administer and carry out the directives and policies of the board of county commissioners and enforce all orders, resolutions, ordinances, and regulations of the board, the county charter, and all applicable general law, to assure that they are faithfully executed; (4) Supervise the care and custody of all county property, institutions, and agencies; (5) Supervise the collection of revenues, audit and control all disbursements and expenditures, and prepare a complete account of all expenditures; (6) Review, analyze, and forecast trends of county services and finances and programs of all boards, commissions, agencies, and other county bodies and report and recommend thereon to the board; (7) Develop, install, and maintain centralized budgeting, personnel, legal, and purchasing procedures as may be authorized by the administrative code; (8) Negotiate contracts, bonds, or other instruments for the county, subject t'o board approval; make recommendations concerning the nature and location of county improvements; and execute services determined by the board; (9) Assure that all terms and conditions imposed in favor of the county or its inhabitants in any statute, franchise, or other contract are faithfully kept and performed; (10) Supervise, direct, and control all county administrative departments; (11) Appoint, with the advice and consent of the board, all appointed departmental heads, who shall serve at his or her pleasure, and employ, pursuant to appropriation and the administrative code, such personnel as necessary to administer county functions and services; (12) Order, at his or her discretion, any agency under his or her jurisdiction as specified in the administrative code to undertake any task for any other agency on a temporary basis if he or she deems it neqessary for the proper and efficient administration of the county government to do so; and (13) Any other power or duty which may be assigned by county charter or by ordinance or resolution of the board. History.--s. 2, ch. 74-193; s. 1, ch. 77-174; s. 824, ch. 95-147. 125.86 County charters; legislative responsibilities.--The legislative responsibilities and power of the county shall be assigned to, and vested in, the board of county commissioners and shall consist of the following powers and duties: (1) Advise and consent to all appointments by the executive for which board confirmation is specified; (2) Adopt or enact, in accordance with the procedures provided by general law, ordinances and resolutions it deems necessary and proper for the good governance of the county; I' AGEND~ IT.F_.~ (3) Appoint a clerk to the board who shall serve at its pleasure and keep the records anc~ mi~. s of the board; DEC 1 6 2003 Pg. ~-~ (4) Approve the annual operating and capital budgets and any long-term capital or financial program; 6 (5) Conduct continuing studies in the operation of county programs and services and take action on programs for improvement of the county and the welfare of its residents; (6) Adopt, and amend as necessary, a county administrative code to govern the operation of the county; (7) Adopt, pursuant to the provisions of the charter, such ordinances of countywide force and effect as are necessary for the health, safety, and welfare of the residents. It is the specific legislative intent to recognize that a county charter may properly determine that certain governmental areas are more conducive to uniform countywide enforcement and may provide the county government powers in relation to those areas as recognized and as may be amended from time to time by the people of that county; and (8) All other powers of local self-government not inconsistent with general law as recognized by the Constitution and laws of the state and which have not been limited by the county charter. Hislory.--s. 2, ch. 74-193. 125.87 Administrative code; adoption and amendment.-- (1) Following the organization of the first board of county commissioners elected pursuant to a charter, the board of commissioners shall adopt an administrative code organizing the administration of the county government and sebring forth the duties and responsibilities and powers of all county officials and agencies pursuant to the provisions of the charter. (2) The administrative code shall be effective upon adoption or as otherwise provided therein, and all existing agencies shall assume the form, perform the duties, and exercise the power granted them under the administrative code and shall do so in the manner prescribed. History.--s. 2, ch. 74-193. 125.88 Civil service.-- (1) Upon adoption of an administrative code and also upon the adoption of a charter, all officers and employees in the classified service of the county shall be transferred to the department, division, or agency to which the functions, powers, and duties in which they were engaged are allocated under the administrative code. Such transfer shall be without examination or diminution of existing compensation, pension or retirement rights, privileges, or obligations of any such officer or employee existing immediately prior to the referendum at which the charter was adopted. It is the intent of the Legislature that the adoption of any plan required by the charter shall not adversely affect the civil service tenure, pension, seniority, or promotional rights of any county officer or employee in the classified service. (2) The board of county commissioners of any county adopting a charter may, by ordinance, administer the merit system through a county department of civil service unless otherwise provided by the charter. Such administration shall include classification, recruitment, examination, establishment of eligibility lists, grievances, compensation, and other conditions of employment pursuant to law. - AGEND,~_ Hisfory.--$. ~, ch. 7~-]~. NO. DEC 1 6 2003 pg. The Collier County Supervisor of Elections requests that any initiative petition circulated be limited to one signature per page and contain the following in substantially the same form. This format follows the format used for ballot initiatives by the State of Florida. Title of Petition Substance of the Petition I am a registered voter of Collier County, Florida and hereby petition the Board of County Commissioners to .......................................... pursuant to Florida Statute 125.61. (Please print the information as it appears on voter records) Namc Street Address City , FL Voter Registration No. Sig-nature Is this a change of address for voter registration? ( ) Yes Name and Address of Organization circtllating the petition. Zip Code (OR) Date of Birth Date Signed ( ) No No. DEC 1 Il 200t The Collier County Supervisor of Elections requests that any initiative petition circulated be limited to one signature per page and contain the following in substantially the same form. This format follows the format used for ballot initiatives at the state level. Title of Petition: CHARTER GOVERNMENT COMMISSION PETITION Substance of the Petition: Request for creation of appointment of members to Charter Commission. I am a registered voter of Collier County, Florida and hereby petition the Board of County Commissioners to establish a charter commission and appoint members to the charter commission pursuant to Florida Statute 125.61. (Please print the information as it appears on voter records) Name Street Address City , FL Voter Registration No. Signature Is this a change of address for voter registration? ( ) Yes Name and Address of Organization circulating the petition. Zip Code (OR) Date of Birth Date Signed ( ) No AGENDA ITEM No. DEC 1 § 2003 EXECUTIVE SUMMARY TO OBTAIN BOARD APPROVAL TO AWARD RFP # 03-3505 "TRANSPORTATION ROADWAY ASSET INVENTORY DATABASE" AND AUTHORIZE STAFF TO COMMENCE NEGOTIATIONS. ESTIMATED FISCAL IMPACT TO BE $250,000. OBJECTIVE: To receive Board approval of Committee's selection of firm for professional services for data collection related to roadway asset inventory and authorization to begin contract negotiations for subsequent Board approval of contract. CONSIDERATIONS: The Transportation Service Division maintains a comprehensive inventory of roadway infrastructure assets. To maximize the life of all the roadway infrastructure assets with the least overall cost, the Transportation Services Division needs to record and report on its value and condition of all existing assets. To meet that requirement, the Transportation Services Division needs to develop a highly accurate geographic information system of all County roadway system and all transportation roadway assets. Pursuant to meeting that goal, an RFP was publicly advertised on March 21, 2003. Notices were sent to 249 firms with 90 finns requesting full packages. Four responses were received by the due date of April 18, 2003. A Selection Committee meeting was held on May 28, 2003, and after review and discussion of the proposals; the committee selected two finns, Transmap and Space Imaging, as finalists for consideration, however, it was determined that additional clarification of some proposal information was needed in order to make a decision as to the final ranking. Questions were composed by the committee, and submitted to the finalists. The finalists were requested to present the answers directly to the committee in the form of a presentation. The presentations were given on June 27, 2003. Following the presentations, a Selection Committee Meeting was held, and the final ranking, by consensus was as follows: 1. Transmap 2. Space Imaging During the course of Transmap's presentation, they used a former Selection Committee Member and currently contracted County GIS Consultant as part of their presentation team. Due to potential conflict of interest concerns, the decision was made to make the final shortlist recommendation subject to an inquiry as to the relationship between the consultant and Transmap. After review of the information submitted by Transmap and the consultant, the Purchasing and General Services Director determined that Transmap's proposal should be disqualified. The Selection Committee was reconvened on July 30, 2003 to discuss whether to approve the second ranked firm for selection, and during the course of discussion, it was determined that there were several issues related to the collection and application of the data that were unresolved. For these reasons it was decided by the Committee that it would bc-i-ilXL_uik~iiSh-E~ interests of the County to reject all proposals. Subsequent to this decision, the~,- ,-,,.~,.w~.-- .~ :~rlqB.sv~aon Administrator reviewed the Selection Committee's recommendation and requested that the Selection Committee reconvene to reconsider the award based on his determination of the business and operational needs of the division. A Selection Committee meeting was held on September 15, 2003 whereby the Committee was briefed by Mr. Feder as to his reasons for requesting reconsideration of the project award. After discussion and review of the stated operational requirements, by consensus, the committee recommended award of the contract to Space Imaging as the available qualified finn. With Board approval, negotiations will commence with this firm. Subsequent to the posting of the award recommendation, Transmap filed a formal protest in accordance with the County's purchasing policy. A copy of the protest and the Purchasing Director's decision are enclosed. FISCAL IMPACT: Funds in the amount of $250,000 are available in the County-Wide Capital Fund (301) under the GIS project (50014). GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact result from this project. RECOMMENDATION: That the Board of County Commissioners; (1) Approve the Committee's selection of firm. (2) Authorize staff to begin Contract negotiations. SUBMITI'ED BY: .~~~-- ~~ Date: Beth Yang, Senior GIS Anal:frg't REVIEWED BY: ~_0~ ~ Date: B~n Miller G.I.S Project Manager RE V~D BY: .~ ~' ~~ Date: Steve e~/ll ~ APPRO~D BY: ~ Date: on Administrator Jam~ ~ .dd, County Manager -2- A(gFN[hA,~T_EM b 003 pg. COLLIER COUNTY GOVERNMENT PURCHASING DEPARTMENT November 6, 2003 3301 EAST TAMIAMI TRAIL PURCHASING BUILDING NAPLES, FLORIDA 34112 (239) 774-8407 FAX (239) 732-0844 Mr. George E. Spotford, Esq. Glenn Rasmussen Fogarty & Hooker, P.A. 100 S Ashley Drive, Suite 1300 P.O. Box 3333 Tampa F1 33601-3333 Re: Protest Decision, RFP 03-3505, Database Transportation Roadway Asset Inventory Dear Mr. Spotford: I have reviewed the formal protest of October 16, 2003 filed by your firm on behalf of TRANSMAP Corporation pertaining to the referenced contract award. This decision has been formulated after review of the issues, and supporting arguments found in the protest document and a review of the selection record. SUMMARY OF FINDINGS AND ISSUES The following is a summary of significant issues and assertions presented in the protest followed by a summary of findings pertaining to each: 1. The protest repeatedly refers to the offers received in response to the Request for Proposals as "bids". FINDINGS: The offers received in response to the RFP are considered to be proposals, not bids. That is to say, they are solicited, evaluated and awarded under an entirely different process known as competitive selection and negotiation. The sealed bidding process is a price-based competition in which the order of the bidders is established through an "objective" tabulation of the price offers. By contrast, selection and negotiation is a qualifications-based process achieved through the work of an appointed committee that evaluates each proposal on a number of factors other than price. Hence judg~nents, impressions, perceptions and appearances that are formulated and occur during the solicitation and evaluation processes take on greater significance. 2. The proposal from TRANSMAP was voted to be "the best" on at least three occasions during the selection process. END&II'EM No._.. Mr. George Spotford November 6, 2003 Page 2 of 4 FINDINGS: The proposal from TRANSMAP was tentatively selected by the selection committee at the June 27t~' meeting, subject to further investigation into Mr. Walter's participation in the presentation. Prior to that meeting, no selection decision had been made by the committee. Under Collier County's consultant selection procedures, all selection decisions are made by consensus, rather than by vote. It is evident/:rom the deliberation record that apart from the conflict of interest question involving Mr. Walter, TRANSMAP was the preferred choice of the selection committee. 3. The recommended firm did not provide evidence of experience comphant with the pubhshed requirements of the RFP (p.8). FINDINGS: The RFP required the proposing firms to have the following experience and/or abilities: Minimum five years of experience in developing Roadway Asset Inventory databases The ability to develop a database that is compatible with other asset management software Minimum five years experience in working with ESR! GIS software Demonstrated ability to provide full scope of services either directly or through identified partners. Demonstrated ability to implement projects. Experience with at least three public entities in Florida. Review of Space Imaging's proposal and the selection committee record indicates that the firm and/or the members of its proposing team identified previous jobs that in the opinion of the selection committee met, and in some cases exceeded the requirements of the RFP. As summarized in the fourth bullet above, the proposing primary firm was not strictly required to have all o£ the requisite experience/abilities within its firm, but rather could deliver portions of the project through '~dentified partners". In the estimation of all of the committee members, Space Imaging met the published requirements of the RFP. TRANSMAP was disquahfied because of an apparent conflict of interest due to the attendance of Mr. William Walter at the June 27, 2003 selection committee meeting. Mr. Walter had no involvement with and no opportunity to influence the drafting of the RFP nor the evaluation process. FINDINGS: Based on discussions with members of the selection committee and other County staff involved in this project, Mr. Walter was determined to have had the following involvement in the selection process: AGENDA I'rF,.M No._ Pg- ~ Mr. George Spotford November 6, 2003 Page 3 of 4 On February 7, 2003, Mr. Walter received an e-mail from Ms. Beth Yang, a GIS Analyst in the Transportation Services Division asking him if he had access to any sample "GIS RFPs". Mr. Walter responded that same day, indicating that he did not have any such RFPs, but he did attach copies of documents detailing the scope of work for other layers of the County GIS system pertaining to right-of-way, stormwater and traffic control that he thought would help in formatting the scope requirements for the Roadway Asset Inventory Database scope (copy attached). On February 18, 2003, .Ms. Yang forwarded an initial draft of the RFP to Mr. Walter and to the County's Information Technology Director (copy attached). On February 25, Mr. Walter received an e-mail from Ms. Yang with a copy of the proposed RFP document attached and was asked to comment on the content. Mr. Walter was then privy to e-mail replies from other staff members who received and subsequently responded to the same request from Ms. Yang. On February 28, Mr. Walter responded to Ms. Yang, saying that "the RFP looks good from a GIS technical perspective" (copy attached). On March 14, 2003, the County Manager formally appointed the selection committee to evaluate the proposals. Mr. Walter was notified of his appointment to the committee on March 26th (copy ore-mail attached). On April 25th, Mr. Walter attended the organizational meeting of the RFP selection committee and was given copies of all of the proposals. On May 8tn, Mr. Walter resigned from the committee citing the fact that the County now has a full time GIS coordinator who could provide the expertise that he brought to the committee. He also indicated that he felt that serving as a voting member might be perceived as a conflict of interest. Mr Walter offered to participate as a non- voting member. At TRANSMAP's June 27~h presentation, Mr. Itoward Luxoj introduced Mr. Walter, described his credentials and the value that he would provide to the team as the ESRI representative. Mr. Walter actively participated (i.e.; spoke, operated presentation equipment and software) in the June 27th presentation. 5. The conflict of interest provision in the RFP did not prohibit the attendance of a Wilson Miller representative at TRANSMAP'S selection presentation. FINDINGS: There are at least two references and clauses addressing conflict of interest in the RFP (pages 11 and 18 respectively). Neither lists any examples of what specifically constitute a conflict of interest. Both clauses require the proposer to discuss possible known conflicts at the time of proposal submission. Though the RFP does not expressly state this, it is reasonable to assume that these provisions would also a~ ~1¥ to. cpnflicts that might arise after the receipt of the proposals during the evaluation pe 'iod. Mr. George Spotford November 6, 2003 Page 4 of 4 CONCLUSIONS Having reviewed and considered the issues raised in the protest and the findings concerning each, this office has made the following determinations: 1. Mr. Walter clearly had and took the opportunity to review the RFP prior to issuance and to possibly influence the process through his role as GIS consultant to the County. 2. Mr. Walter attended the initial meeting of the selection committee and received copies of the proposals. Mr. Walter actively participated in TRANSMAP's presentation to the selection committee. He clearly was there to facilitate TRANSMAP's efforts to win the contract. That role, on its face, conflicts with the aforementioned roles he performed as a member of the selection committee. In one role, he is preparing to impartially evaluate the competitors. In the other, he is working directly on behalf of one of the competitors. The protest contends that Mr. Walter resigned from the selection committee to avoid any perceived conflict of interest. Clearly, Mr. Walter was applying the standard of a perceived conflict of interest to his role on the committee at that time. Given this stated sensitivity to a potential conflict and the facts of his involvement on the committee, it is not clear why he did not deem his subsequent involvement with the presentation team to also constitute a possible conflict and hence, why no one contacted this office to address this matter prior to the presentation. In hght of the findings and conclusions as set forth herein, it is the position of this office that the participation of Mr. Will Walter in TRANSMAP's presentation to a selection committee that he also actively served on at the onset of the sohcitation process taints the apparent capacity of the selection committee to objectively evaluate that proposal and thereby constitutes a conflict of interest. Hence, it is the decision of this office to reject the protest filed on behalf of TRANSMAP and proceed with award as recommended. Under Section XVIII.C of the County's purchasing pohcy, the decision of the Purchasing Director shall be considered final and conclusive unless the protestor dehvers a subsequent written objection to my attention within two business days from the date of receipt of this decision or not later than close of business on Monday, November 10, 2003. Sincerely, Purchasing/General Services D~rector CCi Norman Feder, Transportation Services Administrator Beth Yang, GIS Analyst Robert Zachary, Assistant County Attorney Enclosures OCT. 16. 2003 t1:28AM GLENN RASMUSSEN NO. 710 P, 2/10 GLENN RASMUSSEN FOGARTY & HOOKER, P.A. ~l"lllEl11'isS I&W FIIIMS WQII~Wli)! Via Fa~imile (239./32.0844} and Certilied Mail Return Receipt Requested Steve Carnell Purchasing/General Services Director Collier County Pttrchasing Department Purchasing Building O 3301 East Tamiami Trail Naples, FL 34112 Re: Formal Protest of Collier County, Florida's RFP 03-3505, Transportation Roadway Asset Inventory Database; Protesting Party: TRANSMAP Corporation, 1275 Kinnear Road, Columbus, OH Dear Mr. Carnell: This firm represents TRANS~ Co~oration ("TRANSMAP'D with regard to the referenced matter (the '~Project'D. Pursuant to Article XVIII of the Collier County Pumhasing Policy, this letter is TRANSMAP's formal written protest of Collier County's disqualification of TRANSMAP'.q bid, and the County's staled intent to award the contract for thc Project to arty entity other than TRANSMAP. As you are aware, TRANSMAI>'s bid has been selected by the County's Selectioa Committee on three separate occasions as the best bid for the Project. We believe that once the County management is fully apprised of the facts and law surroundiag this dispute, the County will agree that the contract can only be awarded to TRANSMAP. We believe th~ County will also agree that aa award to TRANSMAP will best serve the interests of the County's citizens because (1) TRANSMAP's bid is clearly the best bid (based on the Selection Committea's recommendations); and, (2) an award to TILANSMAP will enable the Project to proceed' without additional delay, expense, or inconvenience ttmt will ~esult othelwise. Briefly stated, the County has indicated that it has disqualified TRANS~'s bid because the County believes that thm'e is an appearance of impropriety (a conflict of interest) created by the attendance of WilsonMiller, Inc. employee William Walter at a June 27, 2003 oral presentation conducted afl~ TRANSMAP's bid had bee~ ...... -- OCT. 1,5. 2003 11:29AM October I6, 2003 Page 2 GLENN RASMUSSEN N0.710 P. 3/10 that there is no evidence indicating an actual conflict of interest, but believes that there is merely ma appem-ance of kaptopriety. We believe that once the County understands what constitutes a tree conflict of interest under public contraeti~ ~aw, and fully appreeiatez what ttampimd, the County will agree that there is not even an appearance of imprgpriei7. In fact, with the exception of the disqualification of TRA2qS~'s bid, the steps taken b~ Mr. Walter (resigning from the Selection CommiRee pt'Jot to making any recommendation) and the County Purchasing Department (bringing the issue to the forefront) to ensure that there is no actual or ~reeived conflict, should be held out as a~ example of how to avoid even the appe~ance of impropriety. The only depamn~ ~om proper procedure iz the disqualification of TRANSMAP's bid, and that can easily be remedied after the County comiders all of the facts and law involved. The critical fact that must be understood, is that at no time did Mr. Walter take any steps to influence the County's selection of a particUlar bi&, and as soon.as Mr. Walter perceived the potential for a eonftlct, he resigned his position or[ the Selection Committee. That is precisely the type of action that is required to avoid aa actual conflict or even the appearance of impropriety. See e.g. Florida Statutes, Section II2.313 (2003); AGO 73-362; AGO 73-215; AGO 73-198; and Nachtigall v. New Jersey Tumpikc Authority, 694 A,2d 1057 (Sup.Ct. N.J. 1997) (removal from the decision making process before a decision is rendered is required igthexe is a potential for a conflict of interest.) Mr. Walter resigned from ~ Selection Commi,ttee beford he made any recommetldation to the County. MJ:. Walter aisc was never in a position to affect.the content of TRANSMkP's proposal because he was not even contacted by TRANSMAP to att~nti the Sune 27~ meel~ag until aRer. the proposals akeady had been submitted and after TRANS~'s proposal had been selected as the winning bkL Mr. Walter resigned because he was concerned that ifke made any recommendations regarding the proposals, or any futare proposals, it could be construed.as an attempt to send County contract dollars to his employer, WilsonMLller. The only solution was for Mr. Walter to resign without making any ~commendations that could be construed as an attempt to sway the County for his employer's benefit. By resi~ing, he avoided even the appeanmee of an improper conflict of interest. That is precisely the conduct that is requked and should be encotwaged by the County to ensure that confidence in the public bid process is mainlined. The County cannm disqualify TRANSMAP's bid on the basis cfa staffmembor's subjective betlef that Mx. WaRer's kavolvement 'looks bad," partioularly when the facts and law establish that thee was no conflict and Mr. Walter's actions were entirely The chronology of material events and the undisputed facts provided below clearly establish that there was no actual or apparent conflict of interest. AGEND.~ r~? No.__ , OCT. 16. 2003 11: 29AM October 16, 2003 Page 3 GLENN RASMUSSEN NO. 710 P, 4/10 April 18, 2003 - April 25, 2003 - May ! 0, 2003 - May 28, 2003 - June l3~2003 - June I6, 2003 - CHRONOLOGY OF MATERIAL EVENTS TRANSMAP submitted its sealed proposal in response to the Roadway Asset Inventory Database 0t~ID) RFP dated March 21, 2003. TRANS~'s team includes Dynat~st and ESRI Corporation, not Wilson.Miller. William Walter attended the organizational meeting of the Selection Committee at the Count'S request. Mr. Waiter.was unaware of the purpose of the organizational meetinE until he arrived at the meetlng. Upon learning of the purpose of the Selection Committee, Mr. Walter conferred with his employer and immediately resigned without playing any role on the Select/on Com/nittee. William Walter resigned from Selection Committee, without making any recommendations or comments regard!og the proposals. A pub[ia meeting was held to di$c~s the proposals. At that meetflag the Selection Committee voted 5 to 1 to select the ..TI3~24SMAP proposal as the best proposal based on the criteria identified in the Request for Proposals. It should be noted ihat at the time of this meeting there had been no discussions of any kind between TRANS~ and Mr. Walter a~d/or WilsonMiller. At'this time TRANSMAP had no idea that ML Walter had ever been a part of thc Selcotion Committee. Mr. Walter and WilsonMiller did not participate in the May 2g~ selection of TRANSMAP's bid. The Seleetkm Committee requested' tlmt the remaining bidders provide oral ~entatiom 6n J~me 27a. The Courtty ~uggested that the bidders invite up to three additional people to assist wi~h the oral presentations and to answer questions. When TRANSMAP contacted ESR/ regarding this projec.t, ESR.I suggested that TRANSMAP could better serve its customer, Collier County, by working with a local ESR/ representative and recommended WilsonM/ller, ESR/ suggested Wii~oalVFfller becaase WilsonMiller has previously sold ESRI products to Collier County and WilsonMiller is located in Naples. Ill. ANSMAP had its first discussion W~th Mr. Walter of WilsonMiller. Mr. Walter was '.introduced to TRANSMA.P as WilsomMiller's ESRI "GIB expert" capable of answering any questions the County may have regarding the ESRI lxoduet. .o._ ICy' OCT. 16. 2003 11:29AM O~ober 16, ]2003 Pa~e 4 qLENN RASMUSSEN NO. 710 P. 5/10 June 27, 2003 - Sept l$,2003- Mr. Walter attended the oral presentation to respond to questions from the County regarding ESRI's products, Mr. Walter spoke for approximately five (5) minutes during the two (2) hour presentation and he only spoke in' response to the County's questions. The Selection Committee again recommended TRANSMAP for selection over the competing proposals by a vote of 4-2. The Selection Committee chose TRANSMAP's bid as the best bid for the thixd time. UNDISPUTED FACTS WilsonMiller and Mt. Walter were availaMd, ready, willing and able to attend the oral presentations by any of the bidders upon request. Only TRANS~ elected t~ have the local ESRI representative attend. TRANSMAP does not have a contract with WilsonMiller and is not go/-ng to utilize WflionMiller's services on the Project. TRANSMAP hx~ also prohibited ESRI, a TRANSMAP subcontractor, from utilizing WilsonMiller on this Project County staff wrote the Request for Proposal~ and submitted it to the County Purchasing Director for distribution to bidders prior thc Selection Comm~ee being formed. Mr. Waiter was not on the RFP dinting committee. On April 25, 2003, Mr. Walter attended an organiz~ational and procedural meeting o£ the Selection Committee. Mr. Walter received the p/oposals which were distributed at that meeting, but he offered no opinions or comme'o, ts. After April 25, 2003, Mr. Walter did .not discuss this procurement with anyone including members of the Selection Committee. Mr, Walter resigned fi'om thc Selection Committee on May 10, 2003. He did not review the proposals although they were public records and subject to inspection by any Florida citizen at the time. Mr. Walter did not attend or participate in the Ma), 28, 2003 Selection Committee meeting during which TRANSMAP's bid was overwhelmingly selected as the lowest best bid by a 5 tn I vote. OCT. 16. 2003 11:29AM October 16, 2003 Page 5 GLENN RASMUSSEN N0.710 P7 6/10 Mr. Walter had no involvement with, and no opportamity to impact or influence, the drafting of tko RFP. He did not participate in any of the evaluation activities of the Selection Committee. Because Mr. Walter and TR~SMAP had no commtw, ications with each other until June I6, 2003' (after he had resigned), and Mr. Walter took no acrlions whi;1- e he techn{cally was on thc Selection Committee, he did not do anything that could be construed as an attempt to favor TRANSMAP. I0. While Mr. Waltkr was on the Selection Committee, he had no knowledge of TRANSMAP, aad TRANSMAP ..~_s never had any contractual ties with WilsonMiller. ESRI's referral of TRA.NSMAP to WilsOnMiller was a standard ESRI business practice and did not occur until .after Mr. Walter had resigned and the TRANSMAP bid had been selected as'the best bid. 11. There is no, and never has been, any agreement or understanding between WflsomMitler and/or Mr. Walter, and TR2MNSMAP on this or any other project. Neither WilsonM_ill~ or Mr. Walter is part of the TRANSMAP proposal, a~d neither WilsonMiUer or Mr. Waiter has any pecuniary or personal interesl in auy contract obtained by TRANSMAP. 12. Because Nei~er WilsonMiller or Mr. Walter have any interes.t, pecuaiary or otherwise, in TRANSMAP's bid or con~ract, by defini_tion, Mr. Walter cannot haye a conflict of interest. 13. The County has admitted in its :uly 22~ 2003 letter that there is n6 evidence indicating ~hat TRANSMAP improperly benefited from Mr, Walter's limited exposure to thc Project. 14. The Selection Comm_ittee chose TRANS~ as the most qualified bidder on three separa~, occasions. The l~id selection criteria Published in the Request ;for Prop6sals does not prohib~t the attendance of a WflsonMill~r repres, entativc ai th~ 5uue 27, 2003 oral presentation. The Reque.st for Proposal eom'lict 6f interest provisions do riot protn'bit Wilsoi~Miller's or M~. Waiter's involvement in this Project.. Accordingly, if thc. County xejecis TKANSMAP's bid on the basis of an unpublished criteria, such a rejection will, by definition, constitute arbitrary and capricious conduct..See City of Sweetwater v. Solh Cohstructi°n, 823 So.2d 798 (Fla. 3 DCA 2002). Pg. / / OCT. 16. 2003 11:29AM October 16, 2003 Page 6 GLENN RASMUSSEN 710' 7/10 STA.TEMEh7 OF I)IsPuTE~,IJS~S OF MAT~RtAL FACT The primary disputed issue .of material fact is whether there is sufficient, or any, grounds to. disqualify TRANSMAP's bid because of an alleged perceived conflict of intc~sL There are no such grounds. LEGAL STANDARD There are no reported cases by Florida Courts discuss~g wh~ constitme$ a conflict of interest in thc public bid arena, However, there ar~ numerous cases from other jurisdictions thzt are il~tructive on this issue. For example, a thorough discussion of the public secant eonfl~c~ of interes/issue is set forth in Wyzvkowski v. Rizas, 626 A.2d at 406 (Sup.Ct. N.J. 1993). /-u Wyzykowski, the New lersey Supreme Court sta~es that conflicts which require disqualification ~al_l halo the followin~ four categories: (I) '~Direct' Pecuniary Interest," when an official votes, on a matter benefiting the official's own property or affording a direct ~n_~ncial gain; (2) "Indirect Pecuniary Interest," when an official votes on a matter that fmmae~ly benetits one closely tied lo the official, such as an employer or family member, (3) "Direct Personal Intel~s~" when an official votes, on a matter that benefits a blood relative or close friend in a non-financial way, but a matter of great importance, as ha the case cfa councilman's moth~ being in the nursing home subject to a zoning issue; and, (4) "indirect Personal Interest," .when an official votes on a matter in which an individual's judgment may be affected because of membership in some organization and a desi~ to help th~, organization further its policies. 626 A.2d at 523 (emphasis added), The common element in each category identified by the New lersey Supreme Court is the ability of the public official to influence the outcome of the government's decision, e,g. by an official vote. In the instant case, WflsonMillcr and Mr, Walter never influenced the outcome of the County's select/on process, or had the opportunity to do so, because Mr. Walter resigned from the Selection Committee prior to making ~ recommendations regarding which propos~I was superior. As stated in L~Rue v. Township of East Bronswick~ 68 N.J. Super. 435, 448, 172 A.2d 6.9.1 (App.'Div. 1961), "there c~nnot be a conflict of in~eres~ where there do not exist realistica~l, y co,~tradietory desires ragging the official ha opposite directions.' Accordingly, even if Mr. Waiter could be viewed as a public official, by resigning prior to making any recommendation, he avoided pIacing himself in a position where he was "tugged in opposite dh-ections" by his desire to benefit the County and his desire to benefit his employer WilsonMiller. In view of the County's an'~__i-~ibn that there is no evidence of any cnnfllct of intixes~ (County;s letter dated J'uly 22, 2003), alld MI'. Walte~'s resignation[ ~roln~.D~l ~T~ ' OC~. 16. 2003 11:~9^M Ootob~ 16. 2003 .Page 7 GLENN RASMUSSEN NO. 710 P. 8/10 Selection Committee prior to m~_~: any recommendation, the County simply cannot disqualify TRANSMAP's hid. At best, the County has a mm suspicion of a conflict, and case law h61ds that a mere suspicion of a conflict is not sufficient to void an otherwise legitimate bid. Sec Po¥1dyne, Inc..v. City ofphiladel _o~/a, 2001 W.L. 1807900' (Pa.C, omm. PI.). Moreover, because there is no ~vidence or rca.son to beheve that any voting official had a pecuniary interest in the bid, there is no con:fl/ct of interest whether actual or perceived. See Van Itatlie v. Borough of Franklin. Hpmes, 146 A.2d I 11 (Sup. Ct, N,J, 1958); Wyzykowski v. Rizas, 626 A.2d 406 (Sup. CL N.J. 1993), The County also should not lose sight of.the broader impact a disqualification will have on the County's ability to aZ~ract qualified employees, consultants, or volunteers to assist thc County. Mr. Walter was asked to participate on the Selection Committee.' As soon as he perceived the potential for a co;fiict tl~t might arise in the future, he resigned. Mr. Walter, WilsonMillcr, and TRANSMAP now must all defend themselves against the County's allegations that there was an improper conflict of interest_ Courts have cautioned public owners about making precipitous allegations such as this and the impact they have on thc public owner as well as those alleged to have acted improperly. The New Jersey, Supreme Court in .Van Ital]ic v. Borqugh of Franklin Lakes, 146 A.2d 111 (Sup. Ct. NJ. 1958) acknowledged that loc~ governments would be seriously h=ndlcappcd ~ every possible interest, no matter how remote and speculative, would serve as a disqtmlification of an official. The Court observed that "J.f this were so, it would discourage capable men and women from holrling public office. Of course, courts should scrufi_njzc thc circumstances with great care ~ should condemn anything which indicates the likelihood of corruption or favoritism. But J.u dc;ing ~o, they must also be m~r~dful that to abrog~t~ a municipal acQon at thc suggestion that scm6 remote and nebulous interest is present, would bc to unjustifiably deprive a municipal/ty in many important instances o£the services o£its duly elected or appointed officials." 146 A.2d at 269. The 'Florida public Consultant Competitive Negotiation Act, Section 287.055, ' F,S., and thc Reque:st .for Proposal provide that thc contract for thc Project will be awarded to the re~ponsi'ble bidder who has submitted the best responsive bid follow/ng negotiations with the County. In matting the determ~ ~tion which bid' satisfies this criteria, the County is allotted a certain degree of discretion. Wood-Ho~kin~ Cautra~ Co. v. Roger L Au & ~on~ Inc., 353 So.2d 446 (Fla. DCA 19.78). The excrdse of this ctiscretion, however, c~nnot be in an arbitrary et capricious manner. City_ o£pensacola v. Kitty, 47 So.2d 533 (Fla. 1950). The County cannot ignore TRAN~MAP's bid under the Pacts of this case, because to do so wo~ld be arbitrary and capxicious. See Department of Transportation v, Groves-Watk'ms ConsW~tors, 5~0 So.2d 912 (Fh, 1988). City_.of Swee~Fater v, Solo Construct/on; Agrico 'Chemical Company v. State, 365 So.2d 759 (Fla. l~ DCA 1978) ("A capricious action is one which is taken without thought or reason or kratio~lly. An a~bitrary decision is one not supported by Pacts or log/c er despotic." At 7/;3.) AGEI)IE~A No._ OCT, 16. 2003 11:30AM October 16, 2003 Pagc,8 GLENN RASMUSSEN NO. 710 P. 9/10 The prohibition agaimt arbitrary or capricious contract award determinations by a contracting authority is intended to prevent collusian ,and favoritism in the award of public contracts and to ensure fair competition. Wood-Hopldns; Robert G. Lassiter & Company y. Taylor, 28 So.2d 14 ~la. 1930). The system of competitive public bidding conf~-s upon both the contractor and the public authority recipro6al benefits and obligations. The bidder is assured of fair consi~ierafion of its offer and is guaranteed the centract ff it submits the lowest best bid in accordance with the notice for bids. The public authority is thereby provided the opportunity of purchasing goods and services required at the best price obtainable. Under .a competitive bidding system, a public authority may not arbitrarily or capriciously discriminate between bidders. Hotel China' & Glassware Company v. Board of Public Construction, 137 So.2d 78 (Fla. 1st DCA 1961); Liberty County v, Baxter's Asp. halt & Concrete, Inc., 421 So.2d 505 (Fla. 1982). A decision by a contracti~ authority to ignore the best bid is arbitrary and capricious if the decision is based on criteria not revealed to the bidders prior to the bid letting. Wester v. Belbte, 138 So.2d 728 (Fla. 1931). In .Belote, the Court expz~ssly warned that prior to a bid letting the contracting authority must make known to the bidders all criteria that will be considered in deciding which bidder will receive aa award, otherwise there is no way to compare the bids, or to avoid favori6.?o__. The admonition provided by the Betote court is particularly relevant in the instant situation, because the RFP states that each bidder "shal___! have a rninimurll of five (5) years acceptable professional experience with projects of similar size and scope...and shsl___~l, fi]mish the names of three (3) public entities within the State of Florida with whom the consultant has acceptably contracted for work..." {emphasis added), Thc RFP's use of the ten "shall" makes thc provision a mandatory term. See Florida Tallow Corporation v. Bryan, 237 So.?.d 308 fib. 4~ DCA 1970). TRANSMA~ was the only bi&t~r to satisfy this __m__~_ndatory requirement, Thc other bidders' failure to satisfy this mandatory term renders their bids non-responsive and the Courrty cannot award a contract to non-responsive bidders. ~ City of Opa-Locka vs. Trustees of the Plumbings_In_a. Promotion F-n,~, 193 So.2d 29 (Fla. 3 DCA 1996)(I~nproper favoritism if a city waives a mandatory bid .provision for some, but not all bidders:) See also _City of Miami Beach v. Klinr,ef, 179' So.2d 864 (Fla. 3 DCA 1965')(Contract entered into in violation of competitive bid law is void). Because none of the other bidders submitted responsive bids, the County caruaot award the contract to anyone other than TRANSMAP. Sec Preston Carroll Co. v. Fla. Keys Aqueduct Authori~, 400 So.2d 524 (Fla. 3nt DCA 1981); E.M- Watkins & Co. v. Board of Regents, 414 So.2d 583 (FIa. Iq DCA 1982); .I~tercontincntal Properties, Inc., v. State of Florida I-I.R.S.., 606 So.2d 380 (FI~, 3~ DCA 1~92). CONCLUSION Florida Statt~s, Section I12.313 .(2003), "Standards of Condu~ for Public Officers, Employees of Agencies, and Local Government Attorneys," .as well as case law make it ,clear'that in the event or a potential conflia of interest in th~ public No.__ lo:kc r _ OCT. 16. 2003 11'30AM October 16, 2003 P~g~ 9 GLENN RASMUSSEN NO. 710 P. 10/lO solution is for th~ public official to somehow abstain from voting on any matter that impacts the official's pe.c,?a.ry or pcrso~ i~tercst. Mx: Waiter abstained by resigning his position on the Selection Committee, thereby elimina~g the'potential for fa.rare conflicts of interest. ~ Mr. Walter merely abstain, ed from voting or resigned prior to vqffng, the end ~sult is th~ sax~. MX. Walter avoided the conffict of ixaerest by removing him.~elffrom the scl¢cti°n pzocess prior to making any recommendations to the County. There is no evidence of an actual or perceived conflict of interest Th~ only evidence that exists establishes that Mx. Walter properly r6moved himself from tim decision making process bffore any decision was made that TRANSMAP's.bid was the best. Them is no evidence that any bidder improp~ly benefited or was prejudiced by Mr. Walter answering the County's questions for five miuutes on June 27, 2003, after TRANSMAP's bid had been id. entified as the best bid. Disqualification of ~SMAP's bid in the absence of evidcntiaxy support is by d~finition an arbitrary and capricious decision, The best interests of the ~2ounty will not be 'served fi.the contract is not a~arded to TRANSMA/'. If not awar~d to TRANSMAP, the County ~ receive an inferior product (based on the. Selection Committee's rankings); .the County will find it difficult or impossible to obtain q-alified employees, consultants, or volunteers to assist in the procurement process; the County's competitive procurement process will be tarnished, leading to higher contract, prices because fewer bidders will be willing to invest the effort to seek Collier County contracts if there is a risk that their bids will be improperly rejected; and, completion o£ the Project will be delayed until TRANS~ exhausts its protest and appeal fights. If the relief requested is not granted, TRANSMAP requests that the County Manager appoint an independent hearing officer pursuant to Article X-VHI(G) of the Purchasing Policy, TR~SMAP respectfully requests that the Couhty award the contract to TRAN@MAP. Very truly yours, GLENN RASMUSSEN FOGARTY 3ira Mudd, County Manager (via fax) TRAIWSMAP Corporation (via fax) AGENO~ IT'=M No. / ~.~, ~ 0_!6 2003 Pg- ./~ carnell s From: yang_b Sent: Wednesday, November 05, 2003 8:35 AM To: carnell s Subject: FW: RFP sample .... -Original Message ..... From: Will Walter [mailto:WillWalter@wilsonmiller.com] Sent: Friday, February 07, 2003 2:20 PM To: 'yang_b' Subject: RE: RFP sample Sorry, I do not. But hopefully the scope request attached should be helpful in providin8 standard [anguase concerning format and compatibility with County GIS. ..... Original Message From: yang_b [mailto:BethYang@colliergov.net] Sent: Friday, February 07, 2003 2:12 PM To: Walter_W Subject: RFP smaple Will: Do you have any sample GIS RFPs? Thanks Beth Yang, GIS Analyst Transportation Services Division 2685 South Horseshoe Drive, Suite #211 Naples, Florida 34104 Tel: (941)-6.59-5779 11/5/2003 Message t'age ~ o~ ~ carnell s From: AxelrodBarry Sent: Wednesday, November 05, 2003 2:55 PM To: carnell_s Subject: FW: draft RFP and ITQ I wilt send them to you as I find them... <<<Barry>>> ..... Original Message ..... From: yang_b Sent: Tuesday, February :[8, 2003 :[1:07 AM To: Walter_W; AxelrodBarry Subject: draft RFP and Here is the draft RFP and ITQ. I am stir[ working on it... Beth Yang, GIS Analyst Transportation Services Division 2685 South Horseshoe Drive, Suite #211 Naples, Florida 34104 Tel: (941)-659-5779 11/5/2003 Sweets Page 1 of 2 carnell s From: yang_b Sent: Wednesday. November 05. 2003 8:26 AM To: carnell s Subject: FW: RFP ..... Original Message ..... From: Will Walter [mailto:WillWalter@wilsonmiller.com] Sent: Friday, February 28, 2003 11:22 AM To: 'yang_b' Subject: RE: RFP The rfp looks good from a GIS technical perspective. ..... Original Message ..... From: yang_b [mailto:BethYang@colliergov.net] Sent: Friday, February 28, 2003 8:28 AM To: higdon_r; Walter_W; Moser_]ennifer; AxelrodBarry; CatesRoss; AxelrodBarry Subject: RE: RFP You are right, the conversion of the data would be included in the budget of the new system, either Hansen, City view, etc. For attachment C, I am attaching those files below. These forms are collection sheets used by traffic operations. If you have any other questions, please let me know. Thanks Beth Yang, GIS Analyst Transportation Services Division 2685 South Horseshoe Drive, Suite #211 Naples, Florida 34104 Tel: (941)-659-5779 ..... Original Message ..... From: higdon_r Sent: Friday, February 28, 2003 8:23 AM To: yang_b; Walter_W; MoserJennifer; AxelrodBarw; CatesRoss; AxelrodBarry Subject: RE: RFP My only concern would be in regards to the gathering of the tabular data and how that will be stored in a manner that can be migrated/converted to a new system. I assume that would be something that would be included in the budget of the new system. Also, for attachment C, is there something that is supposed to be defined there? 11/5/2003 ..... Original Message ..... From: yang_b Sent: Tuesday, February 25, 2003 1:53 PM To: Walter_W; HoserJennifer; AxelrodBarry; higdon_r; CatesRoss Subject: RFP WEe_ Z003 pg. / Sweets Page 2 of 2 please comment by Friday. Thanks Beth Yang, GIS Analyst Transportation Services Division 2685 South Horseshoe Drive, Suite #211 Naples, Florida 34104 Tel: (941)-659-5779 11/5/2003 AGENDA ITF_~I Message Page 1 ot I carnell s From: AxelrodBarry Sent: Wednesday, November 05, 2003 3:03 PM To: carnell s Subject: FW: copy of appointed selection committee members ~4 ..... Original Message ..... From: higdon_r Sent: Thursday, March 27, 2003 7:14 AH To: AxelrodBarry Subject: FVV: copy of appointed selection committee members FYI ..... Original Message ..... From: yang_b Sent: Wednesday, March 26, 2003 10:19 AM To: Walter_W; Etelamakirvlike; Regandaniel; Miller_3ohn; yang_b; higdon_r Subject: copy of appointed selection committee members Attached is a scanned copy of the Roadway Asset Inventory database RFP se[ecUon committee members appointed Et empowered by the Division Administrator and county man§er. Beth 11/6/2003 carnell s .-- ,--From: ent: Subject: yang_b Wednesday, November 05, 2003 8:28 AM carnell s FW: R~ference Check questions and heading for email. ..... Original Message ..... From: Will Walter [mailto:WillWalter@wilsonmiller-com] Sent: Friday, April 25, 2003 2:15 PM To: 'yang b' Subject: ~E: Reference Check questions and heading for email. Thank you. ..... Original Message ..... From: yang_b [mailto:BethYang@colliergov-net] Sent: Friday, April 25, 2003 2:04 PM To: Walter W Subject: F~: Reference Check questions and heading for email. > ..... Original Message ...... > From: ward kelsey > Sent: Friday, April 25, 2003 10:44 AM % To: higdon r; yang_b; Miller John Subject: ~eference Check questions and heading for email. > Please see attached forms. Call with any questions. Beth, please forward > to Will, since we do not have his email address. > Thanks! > <<Reference check cover language for faxes and emails.doc>> <<Reference > check standard questions.doc>> Confidentiality Notice: This e-mail is for the sole use of the recipient(s). Any unauthorized review, use, disclosure or distribution is prohibited. AG~nA - carnell s From: Sent: To: Subject: yang_b Wednesday, November 05, 200;3 8:28 AM carnell s FW: Transportation Asset Inventory RFP ..... Original Message ..... From: Will Walter [mailto:WillWalter@wilsonmiller.com] Sent: Thursday, May 08, 2003 4:44 PM To: 'kelseyward@colliergov.net, Cc: 'bethyang@colliergov.net, Subject: Transportation Asset Inventory RFP I need to resign from the selection committee, and nominate Bert Miller to take my place. I was added to the committee as the GIS Coordinator for Collier County. Now that the County has a GIS Manager, he can provide the expertise I brought to the committee. I also feel there may be some perceived conflicts as I am performing the selection work as a consultant. I thank you for the opportunity to serve, and feel confident the cou~nittee will make the right selection. I am available to participate in a non-voting capacity if you would like to include me. Thank you, Will Walter GIS Manager WilsonMiller, Inc Phone {239) 649-4040 willwalter@wilsonmiller.com http:\\www.floridagis.com Confidentiality Notice: This e-mail is for the sole use of the recipient(s). Any unauthorized review, use, disclosure or distribution is prohibited. EXECUTIVE SUMMARY PROVIDE INFORMATION TO THE BOARD OF COUNTY COMMISSIONERS ON HOURS OF OPERATION FOR CONSTRUCTION ACTIVITIES INCLUDING EXCAVATING OPERATIONS ~ To follow up with the Board of County Commissioners on questions pertaining to hours of operation for construction activity including excavation operations. CONSIDERATIONS: At the October 28m, 2003 Board meeting the matter regarding the changing hours of operation for commercial excavations was discussed and staff was directed to review the regulations and report back to the Board. Representatives from the Engineering Services, Planning Services, Building and Code Enforcement Departments met to discuss the question at hand. The discussion considered the following existing provisions and/or restrictions in the Land Development Code and other "stand-alone" ordinances. Factors: 1. The Noise Ordinance (93-77) has a definition of "noise" ("... annoys or disturbs humans..."), but the LDC does not define "noise". Section SIX E. of the Noise Ordinance is about construction noise and gives decibel standards but docs not limit hours of operation. 2. The Building Construction Administrative C.,,!e~ (Ord. 2002-01), Sec 104.5.6, limits hours of construction to between 6:30 AM and 7:00 PM and calls the section "Noise Control", 3. Sec. 1.5.5 of the Land Development Code echoes 2002-01for hours of operation and says it's for "regulating noise" 4. Sec. 3.5.7.5 of the L. D. C. further limits hours of operation for excavations near residential. All these references seem consistent, but they are progressively limiting depending on the .activity and the proximity to residential areas. Staff discussed whether the above noted language pertained to excavating operations that are commercial in nature and presently not committed for a specific development project. The majority opinion among staff was that while such excavation activities are, to a large extent, a processing operation, the activity is accomplished in such a way as to allow further development of the property once the excavation has been completed. Therefore, the activity should be considered constructton. This being said, staff also discussed the other limitations noted in section 1.5.5 and found that although the regulation further prohibits this activity on Sundays and holidays, there is an exception provision for anyone desiring to engage in these activities beyond the stated hours based on urgent necessity, or the interests of the public health, safety and welfare. A written request for an exception would be submitted to the County Manager, or designee. The code provides for approvals up to 15 days with the ability for extensions should the applicant demonstrate the continued need or urgency. ~Off~ No._ In addition to section 1.5.5, staff also discussed the restrictions noted under section 3.5.7.5., which regulate the hours of operations for excavations. In lhese cases the hours are limited to 7:00 a.m. to 5:00 p.m., Monday through Saturday, for all excavation operations within 1,000 feet of developed residential property; and to 7:00 a.m. to 5:00 p.m. Monday through Friday for private and "type I and II" (Golden Gate Estates) commercial excavation operations. In both cases the hours are being limited because of the noise generated by the activity and the impact on the surrounding properties. PROS AND CONS of amendin the hours of o eration from 7:00 a.m. - 5:00 .m. to the proposed 5:30 a.m. - 3:30 p.m.: 1. Pro: If Commercial Excavations are allowed to start earlier, conflicts with school buses picking up and dropping off children should decrease because the "rush" from the pits will be over before school start-times, and, in general, there should be less intense truck traffic during morning and evening rush hours 2. Pro: There is, technically, no difference between fill pits, asphalt plants, and concrete plants and fill pits sell aggregate to asphalt and concrete plants. Hours of operation for concrete and asphalt plants are not limited under LDC 1.5.5. 3. Pro: The intent of all these rules seems to be noise control, but the rule singles out the construction industry and ignores leisure activities, nighttime deliveries, waste management pickup, and e, :n early morning newspaper deliveries. 4. Pro: Emergency nighttime road or utility projects sometimes require fill. 5. Pro: If fill is unavailable in Collier County during certain hours, developers and contractors will simply buy it elsewhere. 6. Pro: Some fill pits are far from civilization and/or surrounded by farm operations that start earlier than the pit. 7. Con: Any commercial excavations near occupied residential areas that create noise, either too early or too late, will generate complaints. 8. Con: Amending the hours of operation to a time earlier than 7:00 AM is certain to allow for dump truck traffic to transit through residential communities earlier in the morning and as such will most likely result in an increase noise complaints. 9. Con: School children walking to school bus stops very early in the morning would have increased truck traffic to contend with. FISCAL IMPACT: If the number of complaints increases, any increased revenues from fines should be cancelled out by increased staff enforcement time. The apparent fiscal impact on private sector operations should be toward the positive side. GROWTH MANAGEMENT IMPACT:. None RECOMMENDATION,.: Staff recommends that the BCC weigh the Pros and Cons and determine whether to institute a new hours of operation policy for commercial excavations on a temporary or permanent basis. PREPARED BY: REVIEWED BY: REVIEWED BY: __._ Stan Chrzanowski Senior Engineer ,, Tom Kuck Engineering Services Director Michelle Edwards Arnold Code Enforcement Director APPROVED BY: _ :., --- .'~.'.- ~ .--7--7 .-7'--- 'Jo~(eph Schmitt, Division Adnun~strator Community Development & Environmental Service Date: Date: Date: /'Z DEC 16 2003 EXECUTIVE SUMMARY APPROVE BUDGET AMENDMENT RECOGNIZING AWARD OF FEDERAL AVIATION ADMININSTRATION GRANTS, ELIMINATING A PREVIOUSLY APPROVED PROJECT, AND RETURNING NET ADJUSTMENT "¢O GENERAL FUND Objective: Board of County Commissioners approval of a budget amendment which recognizes the award of three FAA grants, eliminates a previously approved capital project, and authorizes the return of the net adjustment of the sponsor's match to the General Fund. Consideration: On August 25, 2003 the Collier County Airport Authority accepted three grants from the Federal Aviation Administration. The purposes and the amounts of the grants were as follows: Everglades Airpark Design phase of construction $128,626 of parallel taxiway Immokalee Airport Design phase of construction of partial parallel taxiway Marco Airport Design phase of parallel *-,,I,, .... mitigation $150,000 $135,484 These grants cover 90% of the project cost. The remaining 10% is to come equally from the Florida Department of Transportation and the airport sponsor (the Airport Authority). The Authority's required match is $7,146 for the Everglades grant; $8,333 for the Immokalee grant; and $7,527 for the Marco grant. A previously approved project, Immokalee Security Plan & System grant (Project number 46002) in the amount of $800,000 has not received grant funding and the likelihood of receiving grant funding is remote. Therefore, the County match associated with this project in the amount of $40,000 is available for the above match requirements and the excess should be returned to the General Fund. The net effect on the General Fund of recognizing the FAA grants and eliminati_ng the previously approved project is as follows: .... Parallel taxiway: Design Phase Current Budqet Sponsor Tota__~l Match Neede__.._.__d Budget. Sponsor Tota__._~l M atc__..__~h 142,918 7,146 Immokalee Partial parallel taxiway: Design Phase Security Plan 800,000 40,000 166,667 8,334 Marco. Partial parallel taxiway: 150,538 7,527 Mitigation Design Phase Net decrease in Sponsor's match to be returned to General Fund Difference Sponsor Tot~ Match 142,918 7,146 166,667 8,334 (800,000) (40,000) 150,538 75_~_Z27 Fiscal Impact: The budgets for the above projects, which are in the Airport Authority Capital Fund (fund 496), will be impacted as shown in the above schedule. The net effect of the budget amendment reflecting these adjustments is that $16,993 will be returned to the General Fund from Fund 496. Growth Management Impact: There is no growth management impact associated with this Executive Summary. Recommendation: That the Board of County Commissioners approve a budget amendment which recognizes the award of these three FAA grants, eliminates a previously approved capital project, and authorizes the return of the $16,993 net adjustment of the sponsor's match requirement to the General Fund. Prepared by: ~'us, Fina Manager Date: Approved ~,'~er~ Schmidt, Executive Director Date: 3301 EastTam~arniTraii oNautes,Fionda 34112-4977 ,;~a~ 774 8E, 97 - F2x 1'2391 774-3602 Donna Fiaia ,2istr;c*, 1 ? ', Frank Haias December 4, _00_~ District 2 Tzm Hennin§ District 3 ~X,~[I'. Dennis Vasey, Chairman F~ed W. CoCo Collier County Airport AuthoriW ~i~ co,~,,~ ~00_~ Mainsail Drive Cis~rict 5 Naples, FL 34114 Dear Mr. Vasey: l',his correspondence is to inform you o£ the Board of County Cormmss~one, s actions at our December 2. 2003, meeting regarding item 10B? "Review Staff Recommendations for Further Assessment of Alternative Administration of the Collier County Airport _.\uthoriU' and Ordinance Revisions and Provide Direction". After review of staff recommendations, the Board directed the tbllowing actions: Request that the Naples City Council and Naptc.*: Airport .~uthority enter into discussion with the Collier County :\irport :\uthori[y to determine if there are ooportunities for the entities to work together to incre~e economic viability (economies oi'i;caie) and improve aeronautical activities throughout Collier Counq/. ~ Reauest that Commissioner Covle. as the Board's Airport Svstem Assessment {i~ison, pm4icipate in any discussions IJetween the Naples City Council and the two Airport Authorities. 3. Request that the Evemlades City Council meet with the Collier CounU/Airport Authority to establish a line of communication and open &scussmn to evaluate options and dete~nine what, if anything, should be done with the Everglades Airpark. Input from Evero_.lades City residents should be solicited prior to making such determination. At the current time the Board does not consider selling the Everglades Airpark property as a viable option. ~ T~e Collier County Airport Authority, is directed not to expend any Federal 7~x, iation Administration (FAA) grant funds on the Everglades Airpark tmtil the disposition of item 3 is determined. 5. The Collier County Airport Authority is directed to outsource the Lmmokalee Regional Airport Industrial Park as recommended by the Economic Development Council. 16 2003 6. 'l~,~e Collier Countw Airport ,\uthoritv is directed to adve~ise a Request fbr Proposal (RFP), including a one-quarter page advertisement to be run in the Wall Street Jotwna]. describing the Immokalee Airport ihcilitics and soliciting proposals :~br utilization and operation of the .Airport. 7. The Airport Authority. is to provide the Board with a stares report on the above items no later than the joint Board/Airport Authority. Workshop to be scheduled pr/or to the submission of the Authority's FY 05 budget request. In addition to the above, the Board h~ directed staffto draft several amendments to the Airport Authority.- Ordinance. Staff' was also directed to revise the references to "net income" status tbr determining when repayments are required, contained in the July 25. t995 Collier Coun¢-/Airport Authority A~oreement for Remvment of County Advances to the Airport AuthoriLy' to wording acc~.pta~le to the Clerk ~f'Courts. Please do not hesitate to contact me should you have any questions reuardino the actions taken by the Board. ' ' ~ = S i ncereix,..--~ Tom Henning. Chairman Board of Cc, unU, Commissioners ;"~VYk S C: 8oard ot'Cotmtv Commissioners Dx~i,,ht Brock. Clerk of Courts Jim Mud& Countw' Manager David Weioel Countw Attorney Mayor Bonnie MacKenzie, City of Naples Dr. Robert Lee, Naples City Manager Mayor Sammy Hamilton. Jr., Everglades City I'ammv Smailwood, Ever=~ades Cio./Councii Chairperson Peter Eschauzicr, Naples Airport Authodrv Chairman Ted Soliday. Napies Airport Authoritv Executive Director Gene Schmidt. Collier Coun .ty ASrport Author/q,, Executive Director EXECUTIVE SUMMARY PROVIDE INFORMATION AND CLARIFICATION ON THE PROVISIONS SET FORTH BY CODE OF LAWS SECTION 74-201, THE COLLIER COUNTY CONSOLIDATED IMPACT FEE ORDINANCE, 2001-13, AS AMENDED, REGARDING IMPACT FEE ASSESSMENTS FOR CHANGES OF USE OR NEW/ADDED DEVELOPMENT/INTENSITY OBJECTIVE: Provide background information and clarification on the provisions set forth in Code of Laws (Code) Section 74-201, the Collier County Consolidated Impact Fee Ordinance (CIFO), 2001-13, as amended, regarding the requirement to assess impact fees for changes of use or new/added development/intensity. CONSIDERATIONS: On March 13, 2001 the Board of County Commissioners adopted the Collier (~ounty Consolidated Impact Fee Ordinance (CIFO), 2001-13, codified as Code Section 74-201. The CIFO repealed and superceded all of the County's existing impact fee ordinances, with the goal of developing a single ordinance, thereby eliminating inconsistencies in calculation methods, administrative procedures, definitions, exemptions, collection provisions, etc. between the previously existing individual impact fee ordinances. One such calculation process that was clarified through the adoption of the CIFO was the procedure for calculating impact fees for a change of land use. Based upon recommendations from our consultants, Tindale-Oliver and Associates and Icard, Merrill, et al., language was incorporated into the CIFO that requires that credits for prior land uses be calculated based on the fee schedules in effect at the time of the new construction. This matter was thoroughly vetted by the County Attorney's Office working in conjunction with the aforementioned consulting law firm of Icard, Merrill, et al. and the final conclusion was summarized in a memo to the Board of County Commissioners from the County Attorney's Office dated March 13, 2001, the day of the Public Adoption Hearing for the CIFO. The memo discussed revisions to the text in regards to Code Section 74-201 C(4), Imposition of Impact Fees, and concluded with the following in regards to changes of use: "The intent is now clear that previously existing buildings are grandfathered-in and vested." Based upon the change above, the CIFO was adopted with the provision that impact fees related to a change of use will be assessed according to the following direction: - ~,GE:NOA IT Impact Fees Page 2 74-201 C (4) If proposed changes to a lawfully existing building or then permitted use are deemed to create any additional impact on one or more Public Facilities, then the Impact Fee that will be due and payable to the County for such proposed changes will be the monetary difference between any previously paid and applicable impact fees and the impact fees which would then otherwise be charged for the proposed changes. On June 24, 2003, staff presented an amendment to the CIFO to the Board of County Commissioners for consideration and adoption (Ord. No. 2003-32). The intent of one portion of the amendment was to provide clarification to the existing policies and provisions for the assessment of impact fees for Developments that create additional net demand on Public Facilities, due to a change in size or use, in order to ensure that impact fees are imposed equitably and lawfully. As part of the amendment process, staff from the Impact Fee Administration office solicited a formal legal review and opinion(s) from the County Attorney's Office regarding changes of use and vesting issues related to developments that were constructed prior to the adoption of the various impact fee ordinances. The consensus opinion, as clarified and reflected in the ordinance amendment, was that structures constructed prior to the adoption of the applicable impact fee ordinance(s) are vested for their legally existin9 land use. Additionally on March 23, 2001, staff from the Impact Fee Administration office provided information to the Clerk of the Circuit Court's Internal Audit Departmert in response to a request for the review of the practices and procedures related to impact fee assessments for changes of land use. Staff answered a follow-up request for information on April 19, 2001. The internal Audit Department conducted a thorough review of procedures as well as reviewing individual judicial decisions that required impact fee assessment or review for changes of land use. The Internal Audit Department concluded that the practices and procedures related to impact fee collections for changes of land use were in compliance with tl~e regulations set forth by the ClFO and no changes in policy were required. Below are examples of changes of land use and the corresponding action taken with regards to the assessment of impact fees. (Spreadsheets of additional examples are also attached.) · Permit Number 2001051831 for the construction of a retail building was issued and Road, Jail, and EMS Impact Fees were paid in the amount of $139,618.26. An offset in the amount of $26,768.41 should have been applied to the impact fee assessment for a pre-existin9 11,385 sq. ft. general industrial structure that was removed in 2001 to make way for the AGENDA BEC 1 G 2003 Impact Fees Page 3 new construction. The offset was subsequently reimbursed to the customer (approved by BCC) based upon the provisions of the CIFO. · Permit Number 2002102966 for a change of use from Office to Medical Office. Additional impact fees in the amount of $12,073.45 were paid. · Permit Number 2002101947 for the Boy's and Girl's Club Youth Center, received an offset of $29,395.94 for a pre-existing church and hall. Additional Impact Fees in the amount of $138,433.96 were paid for the Youth Center. · City of Naples - all redevelopment projects in the City of Naples are reviewed by the impact fee staff for potential changes of land use, offset calculations, and additional impact fees related to the new construction FISCAL IMPACT: The imposition of impact fees provides funding for the construction of public facilities necessitated by growth. The CIFO provides for the assessment of impact fees for changes of use in the event that the change results in a net increase in demand on one or more of the respective Public Facilities. Each project is required to pay its fair share of the impact fee costs that result from increased demand on the specified public facility but shall not be required to pay impact fees in excess of the amount associated to the demand created by the respective new development. STAFF ANALYSIS:_The purpose of the Collier County Consolidated Impact Fee Ordinance (ClFO) is to ensure that development that necessitates additional Public Facilities contributes its fair share towards the cost of the improvements and additions to the effected Public Facility. However, the CIFO also ensures that no funds for land or Public Facilities "are collected from new development in excess of the actual amount reasonabJy determined necessary to offset the demand on the Public Facilities generated by new development." The proportionate share of the funds contributed by new development for Public Facilities must have a rational nexus to the need attributed to the new development. Additionally, impact fees, and the obligation to pay such fees, run with the specified land. Therefore, it is reasonable to conclude that if a development was constructed prior to the adoption of impact fees the obligation to pay impact fees was met and the cost of the additional infrastructure or capacity reserved for the development was financed by a different funding source. Equally, developments that were constructed and paid impact fees in compliance with the regulations in place at the time of their building permit issuance, but at a lesser rate then current adopted impact fee rates also have met their obligation to pay the respective impact fees. AGENO,~,.EM DEC 1 6 2003 Impact Fees Page 4 If Collier County's Consolidated Impact Fees Ordinance is hereafter amended to require impact fees to be paid above the current requirement to pay for increases in demand, such new regulations would directly conflict with Florida Supreme Court case law and would be a violation of the "dual rational nexus test" by requiring development to pay more than its proportionate share of the cost associated to the expansion of infrastructure and the inability to show a reasonable association between the expenditure of the impact fees collected and the benefit to the development that paid the impact fee. GROWTH MANAGEMENT IMPACT: The ClFO requires that development must contribute its fair share towards the costs of funding improvements and expansions of public facilities necessitated by such projects, and implements an essential element of the Growth Management Plan. RECOMMENDATION: The Board of County Commissioners directs staff to continue to follow existing procedures and comply with the regulations set forth by the Consolidated Impact Fee Ordinance, 2001-13, as amended, which have been thoroughly reviewed by the County Attorney's Office and determined to be legally sufficient and defensible, and are fully supported and endorsed by the Consultants Tindale-Oliver and Associates and Icard, Merrill, et al. who developed the CIFO for Collier County. OEC 1 6 2003 hnpact Fees Page 5 SUBMITTED BY: REVIEWED BY: REVIEWED BY: REVIEWED BY: APPROVED BY: ,~~~)¢')d~ Date: ~'"b'~'l~ act Fee Coordinator ;r n~O~ Date: H. )enton Baker, Director :inancial Administration and Housing Assistant County Attorney Thomas C. Palmer Assistant County Attorney /2- ¥-05 /~¢"~p-h K. Sct~nitt, ...... Administ'r-~to" / r (q/'ommunity Development a,':d Environmental Services Division AGENDA DEC 1 6 2003 ADDITIONAL EXAMPLES OF CHANGES OF USE COLLIER COU~TY IMPACT FEES CALCULATION SPREADSHEET EXPLANATION Permit #2002102934- Uptown Center a) The existing structures, three single-family homes, were constructed prior to1985; therefore no impact fees were required to be paid on the existing structures. b) The new construction, a shopping center, consists of 19,768 square feet of retail space. c) An offset of $6,107.94 was calculated for the existing structures based upon the single-family rates in effect at the time of the building permit application for the new structure. Additional impact fees (Road, Jail and EMS) totaling $95,512.60 were paid for the change of use/increase in sq. ft. d) Permit #2002081085 - USA Stor-A-Way a) The existing structures, a Retail building and an Auto Repair, were constructed prior to1985, therefore no impact fees were required to be paid on the existing structures. b) The new construction, a Mini-Warehouse, consists of 85,563 square feet. c) An offset of $28.146.41 was calculated for the existing structures based upon the rates in effect at the time of the building pen-nit application lbr the nexv structure. d) Additional impact tees (Road, Jail and EMS) totaling S27,871.31 were paid for the change of use/increase in sq. ft. City of Naples - 900 5th Avenue South a) The existing structure, a bank building, was constructed prior to1985: therefore no impact fees were required to be paid on the existing structure. b) The new construction contains a bank and residential units. c) An offset of $120,687.28 was calculated for the existing structure based upon the (bank) rate in effect at the time of the building pen~it application for the new structure. Additional impact fees (EMS, Parks, Library and School) totaling 526,748.91 xvere paid for the change of use. d~ Permit #2003051795 - Auto Repair to Retail a) The existing structure, consisting of 3,200 square feet of Auto Repair space, was constructed in 1993, and paid the impact fee rates in effect at the time of issuance of the building permit. b) Building Permit #~003051795 chan ed th ' ' o - g e use of the bmldm= to Retail. c) Additional Road and EMS Impact Fees were not required to be paid because the change in use constituted a decrease the intensity of demand on the specified Public Facilities. Additional Correctional Facilities (Jail) Impact Fees in the amount of S3,394.56 were required to be paid based upon the change of use and application of the current Correctional Facilities Impact Fee Rate Schedule. aOE:NC~ ITEM ~. ,/~ ~'~)~ p~p=~.~l 'o..,-,. pJilF~ 1 g 2003 :AH, CDES 1 _, ~ ~003 Pg. d) 19,768 UPTOWN CENTER SQUARE FOOT SHOPPING CENTER DRAFT ROAD IMPACT FEES New Structure - Retail (19,768 Sq. Ft.) Less Previous Structure - 3 S/F Homes ROAD AMOUNT ASSESSED RATE PER 1000 MULTIPLIER $3,838.00 x 19.768 $1,825.00 x 3.000 = $75,869.58 = ($5,475.00) TOTAL $70,394.58 EMS IMPACT FEES New Structure - Retail (19,768 Sq. Ft.) Less Previous Structure - 3 S/F Homes EMS TOTAL AMOUNT ASSESSED RATE MULTIPLIER $197.00 x 20 $93.00 x 3 = $3,894.30 = ($279.00) $3,615.30 RATE PER SQ. FT. CORRECTIONAL FACILITIES IMPACT FEES New Structure - Retail (19,768 Sq. Ft.) $1.0920 Less Previous Structure - 3 S/F Homes $117.98 CORRECTIONAL FACILITIES TOTAL AMOUNT ASSESSED MULTIPLIER x 19,768 × 3 = $21,586.66 = ($,353.94) $21,502.72 TOTAL IMPACT FEES DUE $95,512.60 DEC 1 6 2003 Pg. ~ Prepared by: P. Fleishman FAH, CDES 12/4/2003 x x x II II II x x x 0 0 ,bOOB. b ii Z o II I1 II x x x CNI 0 0 · '--C'~ C',,J L"~ C~ 0') 0 0 0 0 ,-- ~ n ~_d-ez ,.~ c:, ~ 0 o~m .~< 2003 900 5th Avenue South Antaramian Development Corporation Information on demolished building: Address: 900 5th Avenue South Classification of Occupancy: Commercial - Bank Square Footage: 14,931 square feet Information on replacement building: Address: 900 5th Avenue South Classification of Occupancy: Mixed Use - Commercial - Bank/retail and Residential - Condominiums Square Footage: Commercial - 6,583 square feet Residential - 14 units ~! approximately 1,790 square feet each Credits for demolished bank building Type of Fee } Rate Calculahon ~ $ Total (credit) Road $6,636.00 per 1000 S6,636.00 x 14.931 $99,082.12 Bank: Walk-in rate square feet ~ EMS $121.00 per 1000 $121.0(~ x 14.931 $ 1,806.65 I Bank: Walk-in rate square feet Jail $1.3260 per square $1.3260 x 14,931 $19,798.51 Office rate foot I [5120,687.28 Total Credits Prepared by: BE3 1 6 2003 Et CDFS 12/4/2003 Applicable tees for new buildi Type of Fee Rate r! Calculation $ Total Road $11,125.00 per 1000 511,125.00 x 6.583 $73,235.88 Bank: Drive-in square feet Road . $1,512.00 per . $1,800.00 x 14 $21,168.00 Multifamily dwelling unit 1-2 stories EMS $106.00 per 1000 [ 5106.00 x 6.583 $ 697.80 !_Bank: Drive-in square feet EMS $104.00 per $104.00 x 14 $1,456.00 Multi-Familv dv¥'elling unit , 1500-2499 sq. ft. j Jail $1.3260 per square $1.3260 x 6,583 $ 8,729.06 }foot Jail / S117.98 per -- i 5117.98x 14 $ 1,651.72 Residential dwelling unit mmv Parks S571.02 per 5571.02 x 14 Regional Parks $249.82 x 14 Library 5238.00 x 14 1500 -2499 sq. ft. School Multi-family dwelling unit 5249.82 per dwelling unit S238.00 per dwelling unit S827.00 per dwelling unit $827.00 x 14 $ 3,497.48 $ 3,332.00 $11,578.00 Applicable fc~.s tbr new building less credits Type of fee Calculation $ Total (Net Fee) Road EMS Jail Community Parks ($7.~,~8>.88 * 21,168.00) - 99, 082.12 = ($697.80 + 1,456.00) - 1,806.05: ($8,729.06 + 1,651.72)- 19,798.51 = $ 0.00 - credit exceeds fees for new construction S 347.15 $ 0.00 - credit exceeds fees for new construction $ 7,994.28- 0.00 = $ 7,994.28 , Regional Parks $ 3,497.48 - 0.00: $ 3,497.48 5brary $ 3,332.00- 0.00 = $ 3,332.00 School $11,578.00 - 0.00 = $11,578.00 Total Impact Fees $26,748.91 Prepared by: F .~ AC~ZNDA ITF_M PattJ~C 1 6 2003 H, CDES 2/4/2003 // Pg. / iii W~ w Z© Z Zo EXECUTIVE SUMMARY AUTHORIZE STAFF TO PROCEED WITH FINANCING REQUIREMENTS TO PURCHASE A 49.81-ACRE PARCEL OF LAND LOCATED IN THE NORTHEAST QUADRANT OF THE INTERSECTION OF GOODLETTE-FRANK ROAD AND GOLDEN GATE PARKWAY, PROVIDING FOR DRAINAGE IMPROVEMENTS, TRANSPORTATION IMPROVEMENTS AND ENVIRONMENTAL PROTECTION. FISCAL IMPACT NOT TO EXCEED $20,300,000 CONSIDERATION_: A relatively unique parcel of land is being offered for sale within the County's Urban Area. Situated in the northeast quadrant of the intersection of Goodlette-Frank Road and Golden Gate Parkway, all within the boundaries of the City of Naples (see attached map), the property is 49.81 acres in size (according to the records of the Collier County Property Appraiser). The western portion of the property (nearly half of the entire parcel) is zoned "tlC" (Highway Commercial) and according to some sources could be approved for the construction of over 300,000 square feet of retail commercial and/or office space. The eastern portion of the property, which borders on the headwaters of the Gordon River, is zoned "R 3-12" (Medium Density Residential), and could be approved for the construction of up to 12 dwelling units per acre. Title to this vacant parcel of land is held primarily within the estate of Dorette K. ~ 0 Fleischmann. It is being offered for sale by real estate broker, Scott Cameron, for $20,.~00,00 . The property also contains approximately 13 acres of ~vetlands located along the eastern (Gordon River) boundary, 7.5 acres of which have previously been targeted as a conservation area. It is primarily for this reason that the property (or at least the wetlands portion) has attracted the attention of the Conservation Collier Program. Other public uses of the property (aside from natural resource conservation) include stormwater retention and treatment within the Gordon River Basin area, and road right-of-way for the construction of capacity improvements at the intersection of Goodlette-Frank Road and Golden Gate Parkway. One possible scenario involves the construction of westbound-to-northbound turn lanes along the rear of the bowling alley and the bank property. (Removing the right turn lanes from the intersection itself might improve through movements and increase overall capacity.) The turn lanes would require an estimated 1.43 acres, and would sever an additional 1.88 acres from the parent tract (that small triangular portion of the property located north of the Parkway and immediately to the east of the bowling alley, and that portion of the property currently encumbered by the Florida Power and Light Company electrical transmission lines, immediately to the north of the bowling alley and the bank). Another scenario for public use of the property involves the construction of a large holding pond for the slow release of fresh water into Naples Bay. The close proximity of the Gordon River and Naples Bay to the subject neighborhood, which has an elevation which is nearly at sea level already, makes the acquisition of the Fleischmann property for stormwater retention an appealing consideration. Before any official offers for public purchase of the property may be made] is required by Florida Statutes (Section 125.355)to obtain 2 independentl Page 2 of 3 Furthermore, should the purchase price exceed the average of the estimates of market value set forth in the two appraisals, the Commission must approve the purchase by a super-majority vote. The difficulty in appraising the subject property arises from the Pact that there will be few (if any) properties that have sold in the recent past, which are comparable to thc subject property in terms of size, zoning, location, or percentage of wetlands coverage. The scope of the appraisal assignment, therefore, requires that each appraiser consult with professional land planners, engineers and building contractors in the development of the highest and best use scenario for the property, and in the development of the expense side of the proforma budget for horizontal and vertical improvements to the property. This type of valuation methodology forms the basis of the discounted sales analysis, which in turn, is an indicator of the value of the land. FISCAL IMPACT: The fiscal impact assumes a $20,300,000 acquisition cost for this property. Of this amount, $2,700,000 is road impact fee eligible leaving a remaining balance of $17,600,000. A Commercial Paper (5 year) loan is recommended as the interim financing mechanism for this purchase. Assuming a 5% interest rate, the annual debt service ranges from $4.4 million in the initial year to $3.7 million in the final year. Interest is payable monthly on Commercial Paper loans. Annualized interest at 5% amounts to $880,000 annually; assuming interest payments began in January (9 months of County fiscal year 2004) the interest required in FY 04 amounts to approximately S660,000. Funds are available in General Fund reserves for the interest payment in FY 04. Future debt service payments would be repaid from available non ad valorem revenues. County staffwill be aggressively pursuing cost sharing with the following e~tities: Conservation Collier, the City of Naples, and the South Florida Water Management Dist., GROWTH MANAGEMENT IMPACT: The purchase of ti'tis property is consistent with the County's Capital Improvement Element, Conservation Collier Program, Stormxvater Management goals, and Big Cypress Basin goals. RECOMMENDATION: That the Board of County Commissioners: 1. Authorize the use of up to $2,700,000 of road impact fees towards the purchase of this property; 2. Approve a resolution authorizing a Commercial Paper loan in an amount up to $25,000,000 towards the purchase of this property and designate available non ad valorem revenues toward the future debt service payments; 3. Authorize staff to pursue cost sharing commitments towards this purchase with the following entities: Conservation Collier, the City of Naples, and the South Florida Water Management District; and 4. Approve all necessary budget amendments. ~~~,~ Page 3 of 3 SUBMITTED BY: DATE: /,~- ~i'n tl~e~k~, Right-of-X,~y4danager Trans~afion Engineering and Construction M~agement ~VIE~DBY: ~ O~ ~ DATE: queJine Robins&pAssist~t Co~ty Anomey ty_ A~omey's O~ce ~~D BY: ~~' DA~: Alex Sulec~, Senior Environmental S~cialist Environmental Se~ices ~ViE~D By: ~h~~~° DATE: ~ / Road Mainten~ce Depa~ment ~VIE~D BY: . -- DATE: Gregg Str~use, Director Transpo~tion Engineering m~d Construction M~agement APPROVED BY: Norman Feder, AICP, Administrator Transportation Sen, ices Division DATE: SPECIAL REVIEW BY: ~ .~/ffDATE: ~"Clarence Tears, Director Big Cypress Basin AGENDA ITEM No. /~,,¢~ _ DEC 1 6 200:3 Pg. --~ ~OOOLETTE ~ ® F~ANK ED Q GOODLET AGEN DEC TEM I(I ~ RESOLUTION NO. A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AUTHORIZING THE BORROWING OF NOT EXCEEDING $25,000,000 FROM THE POOLED COMMERCIAL PAPER LOAN PROGRAM OF THE FLORIDA LOCAL GOVERNMENT FINANCE COMMISSION PURSUANT TO THE TERMS OF THE LOAN AGREEMENT BETWEEN THE COMMISSION AND THE COUNTY IN ORDER TO FINANCE THE ACQUISITION OF CERTAIN REAL PROPERTY WITHIN THE COUNTY, INCLUDING THE REIMBURSEMENT OF CERTAIN EXPENSES INCURRED BY THE COUNTY IN CONNECTION THEREWITH, IF NECESSARY; AUTHORIZING TIqE EXECUTION OF A LOAN NOTE OR NOTES TO EVIDENCE SUCH BORROWING; AGREEING TO SECURE SUCH LOAN NOTE OR NOTES WITt! A COVENANT TO BUDGET AND APPROPRIATE LEGALLY AVAILABLE NON-AD VALOREM REVENUES AS PR(' DED IN THE LOAN AGREEMENT; AUTHORIZING .,~E EXECUTION AND DELIVERY OF SUCIt OT}{ER DOCUMENTS AS MAY BE NECESSARY TO EFFECT SUCH BORROWING; AND PROVIDING AN EFFECTIVE DATE. BE 1T RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA: SECTION 1. DEFINITIONS. Unless the context of use indicates another meaning or intent, the following words and terms as used in this Resolution shall have the following meanings. Capitalized terms not defined herein shall have the meanings ascribed thereto in the hereinafter defined Loan Agreement. "Act" means, collectively, Part l, Chapter 125, Florida Statutes, Part I, Chapter 163, Florida Statutes, and all other applicable provisions of law. "Additional Payments" means the payments required to be made by the County pursuant to Sections 5.02(b), 5.02(c), 5.02(d), 5.05 and 6.06(e) of the Loan Agreement. "Board" means the Board of County Commissioners of the County. "Chairman" means the Chairman or Vice Chairman of the Board, and such other person as may be duly authorized to act on his or her behalf. "Clerk" means the Clerk of the Circuit Court for the County, ex-officio Clerk of the Board, and such other person as may be duly authorized to act on his or her behalf. "Commission" means the Florida Local Government Finance Commission, and any assigns or successors thereto. "County" means Collier County, Florida, a political subdivision of the State of Florida. "County Administrator" means the County Administrator of the County and such other person as may be duly authorized to act on his or her behalf. "Designated Revenues" ineans (1) Public Agency Moneys budgeted and appropriated for purposes of payment of the Loan Repayments and any other amounts due under the Loan Agreement, and (2) the proceeds of the Loan pending the application thereof. "Draw" means the borrowing of money under the Loan Agreement in accordance with Article III thereof. "Finance Director" means the Director of Finance and Accounting and such other person as may be duly authorized to act on his or her behalf. "Loan" means the loan to be made by the Commission to the County from proceeds of the Series A Notes in accordance with the terms of this Resolution and o'f the Loan Agreement. "Loan Agreement" means the Loan Agreement, dated as of April 12, 1991, between the County and the Commission, as amended and supplemented and as the same may be further amended and supplemented. "Loan No. A-27" means the Loan designated as "Loan No. A-27" the proceeds of xvhich are to be used to finance Project A-27. 2 i OEC "Loan Note" means a note of the County evidencing the obligations incurred under the Loan Agreement by the county on account of a Draw made in regard to a Loan, which shall be in substantially the form provided in Exhibit 1 to the Loan Agreement. "Loan Rate" has the meaning set forth in the Loan Agreement. "Loan Repayments" or "Repayments" means the payments of principal and interest at the Loan Rate on the Loan amounts payable by the County pursuant to the provisions of the Loan Agreement and all other payments, including Additional Payments, payable by the County pursuant to the provisions of the Loan Agreement. "Non-Ad Valorem Revenues" means all legally available revenues of the County derived from any source whatsoever other than ad valorem taxation on real and personal property, which are legally available to make the Loan Repayments required in the Loan Agreement, but only after provision has been made by the County for the payment of services and programs which are for essential public purposes affecting the health, welfare and safety of the inhabitants of the County or which are legally mandated by applicable law. "Program" means the Pooled Commercial Paper Loan Program established by the Commission. "Project A-27" means the costs and expenses relating to the acquisition of approximately 50 acres of real property located in the northeast quadrant of the intersection of Goodlette-Frank Road and Golden Gate Parkway and commonly known as the Fleishman property and as more particularly described in the plans and specifications on file with the County. "Public Agency Moneys" shall mean the moneys budgeted and appropriated by the County for payment of the Loan Repa~nents and any other amounts due hereunder from Non-Ad Valorem Revenues pursuant to the County's covenant to budget and appropriate such Non-Ad Valorem Revenues contained in Section 6.04 of the Loan Agreement. "Resolution" means this Resolution. as the same may from time to time be amended, modified or supplemented. "Series A Notes" means the Commission's Pooled Commercial Paper Notes, Series A (Governmental Issue), to be issued from time to time by the Commission. The terms "herein," "hereunder," "hereby," "hereto," "hereof," and any similar terms, shall refer to this Resolution; the term "heretofore" shall mean before the date of adoption of this Resolution; and the term "hereafter" shall mean after the date of adoption of this Resolution. Words importing the masculine gender include every other gender. Words importing the singular number include the plural number, and vice versa. SECTION 2. AUTHORITY FOR RI~i, SOLUTION- This Resolution is adopted pursuant to the provisions of the Act. SECTION 3. FINDINGS. It is hereby ascertained, determined and declared that: (A) The Commission has been established for the principal purpose of issuing commercial paper notes in order to provide funds to loan to public agencies, such as the County, desiring to finance and refinance the cost of acquiring, constructing and equipping capital improvements and to finance and refinance other governmental needs. (B) In furtherance of the foregoing, the Commission shall issue? from time to time, commercial paper notes to be known as "Florida Local Government Finance Commission Pooled Commercial Paper Notes, Series A (Governmental Issue)" and shall loan the proceeds of such Series A Notes to public agencies, including the County. (C) Pursuant to the authority of the ,\ct, the Commission has agreed to loan, from time to time, to the County such amounts as shall be authorized herein and in the Loan Agreement in order to enable the County to finance, reimburse or refinance the cost of acquisition, construction and equipping of capital improvements. (DJ There is presently a need by the county to finance Project A-27 and the most cost-effective means by which to finance Project A-27 is by the use of moneys obtained pursuant to the ~' ,e,mm by means of Loan No. A-27. (E) The County hereby determines that the provision of funds by the Commission to the County in the form of Loan No. A-27 pursuant to the terms of the Loan Agreement and the financing of Project A-27 will assist in the development and maintenance of the public welfare of the residents of the County, and shall se~we a public purpose by improving the health and living conditions, and providing governmental services, facilities and programs and will promote the most efficient and economical development of such services, facilities and programs. (G) Loan No. A-27 shall be repaid solely from the Designated Revenues. Such Designated Revenues shall include moneys derived from a covenant to budget and appropriate legally available Non-Ad Valorem Revenues. The ad valorem taxing power of the County ~vill never be necessary or authorized to make the Loan Repayments. (H) Due to the potential volatility of the market for tax-exempt obligations such as the Note or Notes to be issued evidencing Loan No. A-27, the complexity of the transactions relating to such Note or Notes and th~' uniqueness of the Program, it is in the best interest of the Connty to deliver the Note or Notes to the Commission pursuant to the Program by a negotiated sale pursuant to Section 218.385(1), Florida Statutes, allowing the County to utilize the Program in which it participates from time to time and to enter the market at the most advantageous time, rather than at a specified advertised date, thereby permitting the County to obtain the best possible price, issuance costs and interest rate for such Note or Notes. SECTION 4. TERMS OF LOAN S. The County hereby approves of Loan No. A-27 in the aggregate amount of not exceeding S25,000,000 for the purpose of providing the County with sufficient funds to finance, ret'inance or reimburse the costs of Project A-27. The Chairman and tile Clerk are hereby authorized to execute, seal and deliver on behalf of the County the Loan Note and other documents, instruments, agreements and certificates necessary or desirable to effectuate the Loan as provided in the Loan Agreement. The Loan Note or Notes with respect to Loan No. A-27 shall reflect the terms of such Loan and shall be substantially in the form attached to the Loan Agreement as Exhibit I. The Finance Director shall determine the date or dates of funding of Loan No. A-27 and the amounts thereof in accordance with the terms of the Loan Agreement as appropriate to finance Project A-27 and is permitted by the Loan Agreement. The repayment of Loan No. A-27 shall be made in such amounts and at such time or times as shall be determined by the Finance Director and set forth in the applicable Note or Notes and as shall be permitted by the Loan Agreement; provided, however, the fina! principal payment with respect to the Loan may not be later than December 2, 2008. Loan No. A-27 shall bear interest at the Loan Rate in accordance with the terms of the Loan Agreement. The County further agrees to make all Loan Repayments required of it pursuant to the terms of the Loan Agreement. The Letter of Credit fees for Loan No. A-27-1 shall be 30 basis points or such other amount as Wachovia Bank and the Finance Director shall agree. SECTION 5. AUTHORIZATION OF PROJECT A-27. The County does hereby authorize the acquisition of Proiect A-27 and the reimbursement of any costs incurred by the County with respect to Project A-27 within the prior 60 days which are approved by Bond Counsel to the Program. SECTION 6. SECURITY FOR THE LOAN. The County's obligation to repay Loan No. A-27 ~vill be secured by a pledge of and lien upon the Designated Revenues in accordance with the terms of the Loan Agreement. The obligation of the County to repay Loan No. A-27 shall not be deemed a pledge of the faith and credit or taxing power of the County and such obligation shall not create a lien on any property whatsoever of or in the County other than the Designated Revenues. SECTION 7. GE'qERAL AUTHORITY. The members of the Board and the officers, attorneys and other agents or employees of the County are hereby authorized to do all acts and things required of them by this Resolution and the Loan Agreement, or desirable or consistent ~vith the requirements of this Resolution and the Loan Agreement, for the full punctual and complete performance of all the terms, covenants and agreements contained in this Resolution and the Loan Agreement, and each member, employee, attorney and officer of the County or its Board is hereby authorized and directed to execute and deliver any and all papers and instruments and to do and cause to be done any and all acts and things necessary or proper for carrying out the transactions contemplated by this Resolution and the Loan Agreement. SECTION 8. SEVERABILITY. If any one or more of the covenants, agreements or provisions herein contained shall be held contrary to any express provision of law or contrary to the policy of express law, though not expressly prohibited, or against public policy, or shall for any reason whatsoever be held invalid, then such covenants, agreements or provisions shall be null and void and shall be deemed separable from the remaining covenants, agreements or provisions and shall in no way affect the validity of any of the other provisions hereof. SECTION g. REPEAL OF INCONSISTENT RESOLUTIONS. All resolutions or parts thereof in conflict herewith are hereby superseded and repealed to the extent of such conflict. SECTION 10. EFFECTIVE DATE. This Resolution shall take effect immediately upon its adoption. 6 DULY ADOPTED this 16th day of December, 2003. (SEAL) BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA ATTEST: By: Chairman Tom HennJ_ng Clerk Dwight E. Brock APPROVED AS TO FORM AND LEGAL SUFFICIENCY' Co~ntv ,~ttorney -" C. '~igel EXECUTIVE SUMMARY AWARD A CONTRACT TO SOUTHWEST UTILITY SYSTEMS, INC. FOR CONSTRUCTION OF THE VANDERBILT BEACH ROAD RECLAIMED WATER MAIN, BID 03.3529, PROJECT 74034, IN TIlE AMOUNT OF $845,415.00. OB~IECTIVE: To receive approval to award a contract for construction of the Vanderbilt Beach qoad Reclaimed Water Main. CONSIDERATIONS: The Wastewater Master Plan calls for construction of a reclaimed water main along Vanderbilt Beach Road from an existing main at Airport Road to another existing main at Village Walk Circle. This main will complete looping of the North Reclaimed Water System and provide additional flow capacity to and from the North/South Reclaimed Water Interconnect. On July 31, 2003, seven bids were received for the project as follows: Florida State Underground, Inc. Southwest Utility Systems, Inc. Mitchell & Stark Construction Company, Inc. K.E.R. Enterprises, Inc. d/b/a Armadillo Underground Kyle Construction, Inc. Danella Companies, Inc. Douglas N. Higgins, Inc. $723,401.85 $845,415.00 $849,987.50 $853,095.97 $897,336.00 $932,857.00 $1,379,590.00 The Engineer's Estimate for the project was $1,043,015. Florida State Underground, Inc. was the apparent l~west bidder. In accordance with Section VI, Article F, of the Purchasing Policy, staff has determined that this contractor has had an unsatisfactory perfownance record on previous projects involving similar work. Specifically, they have failed to perform previous c.ontracts within the time required. The quality and performance has been poor on previous contracts' awarded to them. They have failed to fully comply with laws and ordinances relating to previous contracts. Subsequent to the submission of this award recommendation, a formal protest of the award recommendation was filed on behalf of Florida State Underground, Inc. A copy of the protest and the Purchasing Director's decision in response to the protest will be provided to each commissioner under separate cover prior to the Board meeting. Given the volume, nature and severity of the performance issues, staff believes that circumstances may warrant formal debarment of this contractor. However, no debarment action is recommended at this time. Staff will further review this matter ~vith the appropriate parties, proceed accordingly and come back to the Board as warranted. In consideration of the above, staff recommends award of this Contract to the second lowest bidder, Southwest Utility Systems, Inc. AGENDA ITEM .0. /o F-- - DEC 1 6 20113 Executive Summary Award a Contract Page 2 FISCAL IMPACT: The project is included in the FY 2004 Budget adopted by the Board on September 18, 2003, Agenda Item 2H, (Resolution 2003-318). Additional funds are needed for the construction, to provide a construction contingency of 10%, and to provide engineering construction services, including full time inspection of construction. The contingency requested is the sole contingency available to this project pending further BCC approval and is for budget purposes in order to avoid work stoppage should the contingency funds be required for unforeseen circumstances. A budget amendment in the amount of $289,720 is needed to transfer funds from Wastewater Impact Fee Reserves to Project 74034 - Vanderbilt Beach Road Reclaimed Water Main. The source of funds is Sewer Impact Fees. GROWTH MANAGEMENT IMPACT: fl'his project is consistent with the 2001 Wastewater Master Plan Update, adopted by the Board on December 11, 2001, Agenda Item 8 (A), and the 2002 Wastewater Master Plan Update adopted by the Board on February 25, 2003, Agenda Item 10 (B). RECOMMENDATIONS: That the Board of Courtly Commissioners, as Ex-officio the Governing Board of the Collier County Water Sewer District; award and authorize the Chairman to execute a standard County contract for construction of the Vanderbilt Beach Roac~ Reclaimed Water Main, to Southwest Utility Systems, Inc. in the amount of $845,415.00 and ~:~pprove the necessary budget amendment. SUBMITTED BY: ~ ~' %"~/ / "~' ' ~/ DATa: / Ronald F. Dillard, P.E., Senior Pr%ect Manager Public Utilities Engineering Deparlment REVIEWED BY: i,/z~_ I4_~_,~ ¢-_^ DATa: William D. Mullin, P.E., Principal Project Manager Public Utilities Engineering Department Roy B. Anderson, P.E.. Director Public Utilities E~artment REVIEWED BY: Q~~ DATa:12--44Y J~seph B. Cheatham, Wastcwater Director ~Stephen Y. Ca rector BY: ~ ~"~ ~fi--- ! AGENDA ~o. /o OD ,oo OD :o' ~ , o OD ~ ~oo '~ o ol o o/ o ~ ~ o o ~ o o o o o o o ~ o o o 0 0 0 0 0 0 0 0 0 0 0~ ~ ~ ~ ,~ ~ ~ ~ u 0 00~ c- LD C~ ~ ::1:*: '~ .. ~0./o . [lEg 1 6 2 RECLAIMED WATER MAIN EXTENSION - VANDERBILT BEACH ROAD Engineer's Opinion of Probable Construction Costs ESTIMATED ~TEM NO. DESCRIPTION QUANTITY UNIT UNIT PRICE AMOUNT EM-1 Mobilization 1 LS $ 85,000.00 $ 85,000.00.. EM-2 20" DR 25 PVC 7,355 LF $ 65.00 $ 478,075.00 EM-3 20" DR 18 PVC 488 LF $ .~30'00 $ 39,040.00 EM-4 '8" DR 18 PVC 40 LF $ 25.00 $ 1,000.00 EM-5 20" Ductile Iron Pipe 40 LF $ 120.00 $ 4,800.00 EM-6 Jack & Bore (36" Steel Casing) 188 LF $ 400.00 $ 75,200.00 EM-7 20" Gate Valve 6 EA $ 8,500.00 $ 51,000.00 EM-8 8" Gate Valve 2 EA $ 1,500.00 $ 3,000.00 EM-9 ~,ir Release Valves 4 EA $ 2,000.00 $ 8,000.00 EM-10 :{elocate Existing 20" Gate Valve I EA $ 5,000.00 $ 5,000.00 EM-11 20" Reclaimed Water Main Dip Assembly 2 EA $ 10,000.00 $ 20,000.00 EM-12 4" Force Main Dip Assembly 1 EA $ 1,500.00 $ 1,500.00 EM-13 6" Water Main Dip Assembly 1 EA $ 2,000.00 $ 2,000.00 EM.14 8" Water Main Dip Assembly 0 EA $ 2,500.00 $ EM-15 8" Stubout & Plug 2 EA $ 750.00 $ 1,500.00 EM-16 20" Reclaimed Water Main Connection 4 EA $ 5,000.00 $ 20,000.00 EM-17 Concrete Cradle Crossing 1 EA $ 15,000.00 $ 15,000.00 EM-18 Open-Cut/Restore Asphalt Driveway 2 EA $ 2,000.00 $ 4,000.00 EM-19 Open-Cut/Restore Limerock Driveway 2 EA $ 1,000.00 $ 2,000.00 EM-20 Landscape Removal/Restoration 1 LS $100,000.00 $ 100,000.00 EM-21 Silt Fence 8,500 LF $ 2.00 $ 17,000.00 EM-22 Maintenan,. .? ¢ T"affic 1 LS $ 15,000.00 $ 15,000.00 EM-23 Open Cut/~ .~,~, 1-iburon Drive I EA $ 25,000.00 $ 25,000.00 $ 948,115.00 Subtotal $ 94,900.00 10% Contin~enc)/ Total $ 1,043,015.00 #113860 v3 JBROWN WILSONMILLER, INC. EXECUTIVE SUMMARY APPROVE A DEVELOPMENT AGREEMENT WITH STOCK DEVELOPMENT, LLC, WHICH AMONG OTHERS THINGS, RESOLVES A LONG-STANDING DISPUTE INVOLVING THE LELY RESORTS PUD AND DEVELOPMENT ORDER, AND WHICH AGREEMENT INCLUDES (1) THE CONVEYANCE TO THE COUNTY, AT NO COST, OF NEEDED RIGHT-OF-WAY ALONG COLLIER BLVD. AND RATTLESNAKE-HAMMOCK ROAD AND FOR CERTAIN INTERSECTION IMPROVEMENTS; (2) ALLOWS FOR NEEDED STORMWATER MANAGEMENT FOR THE RATTLESNAKE-HAMMOCK ROAD AND COLLIER BLVD. ROAD PROJECTS; (3) REQUIRES DEVELOPER TO CONSTRUCT, IN PLACE OF A SIX LANE ROADWAY, A FOUR LANE ROADWAY FROM RATTLESNAKE-HAMMOCK ROAD TO LELY RESORT BLVD.; (4) REQUIRES DEVELOPER TO CONSTRUCT SIDEWALKS, AND PROVIDE BYCYCLE RACKS AND EASEMENTS FOR COUNTY BUS SHELTERS; (4) REQUIRES DEVELOPER TO PAY COUNTY $200,000 FOR COUNTY'S OVERLAY OF LELY BLVD.; AND (5) REQUIRES THE COUNTY G1VE FINAL ACCEPTANCE FOR THE MAINTENANCE OF CERTAIN ROADWAYS WHICH WERE PREVIOUSLY PRELIMINARILY ACCEPTED BY THE COUNTY. OBJECTIVE: To obtain Board approval of an Agreement between Stock Development, LLC (the "Developer"), the new developer of Lely Resorts, and the County. This Agreement resolves a longstanding dispute involving the Lely Development Order and PUD between the County and Developer's predecessors in interest. Among other things, this Agreement will require the new Developer to (1) convey to the County, at no cost, much needed right-of-way along Collier Blvd. (CR 951) and Rattlesnake-Hammock Road, and to agree to no further access points along Collier Blvd.; (2) convey an easement to the County, at no cost, for sufficient acreage to manage stormwater for a 25-year storm event associated with Rattlesnake-Hammock Road; (3) permit stormwater collected on Collier Blvd. between Rattlesnake Hammock Road and Grand Lely Drive to be incorporated into Developer's Stormwater management System at no cost to the County; (4) convey to the County, at no cost, sufficient right-of-way to provide for intersection improvements at the intersections of Grand Lely Drive and Collier Blvd., and Collier Blvd. and Triangle Blvd.; (5) construct, by the opening of the Santa Barbara Extension, but no later than January 1, 2008, a 4-lane roadway from Rattlesnake-ltammock Road to Lely Resort Blvd.; (6) contribute 33.33% of all costs associated with signalization; (7) construct sidewalks and provide bicycle racks; (8) provide at no cost to the County two 20 foot by 20 foot easements for bus shelters; (9) install arterial lighting; and (10) pay County $~.00,000 to overlay Lely Resort Blvd. In exchange for these concessions, the County has agreed that the Transportation conditions set forth in the Lely Development Order and PUD will have been satisfied, and has further agreed to (1) cooperate with Developer to amend the PUD Master Plan with respect to certain commercial development; (2) permit Developer to install up to a 12-foot wall and berm combination to abate noise along Collier Blvd.; (3) maintain the Lely PUD Unit vesting; and (4) accept for ongoing maintenance certain roadways which were preliminarily accepted in the early 1990's. CONSIDERATION.'. This Agreement is the culmination of lengthy discussions between the County and the Developer, with input from representatives of the community. Staff believes that · 'S it is a "win-win-win" result for all concerned. From the County perspective, the County can now proceed with much needed improvements to Collier Blvd. and Rattlesnake Road in an area within a very narrow corridor, at a substantial savings to the taxpayer. The Developer, who is new to the Development, can now proceed with its plans without being saddled with ongoing problems and omissions created by former developers of this project. benefit from this Agreement by having tour lane collector roads through homeowners will ~ ~ i rl~to~r,h ~tFalilth er - than a six lane arterial road, and will not need to worry about being required to repair roads which they long believed the County would maintain. · The estimated cost to widen Lely Resorts Boulevard from four to six lanes ~ISCAL IMPAC. _T_~,_~., q:< 3 million for design and construction, ff the Developer was required ~oul~l be approxmmtc~y *~,- ' ' to continue with those plans. The value of the right-of-way on Rattlesnake and Collier Blvd., Stormwater treatment for Collier Blvd. and the limited access rights along Collier Blvd. to the County is estimated to be $5.54 million. This Agreement will allow for the extension of Santa Barbara, thereby avoiding the Alternative C route, with a savings of at least $10.1 million, plus additional right-of-way issues, including impact to existing structures, which would have been encountered by Alternative C. Two FTE's in Road and Bridge will be required in the future to provide for maintenance of the previously preliminarily accepted roadways representing approximately 21 lane miles, however, the developer is to provide to the County $200,000 towards the overlay of Lely Resort Boulevard and the $200,000 will be deposited in the Transportation Supported Gas Tax Fund. GROWTH MANAGEMENT_: This project is consistent with the Long Range Transportation Plan and the Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners approves this Development Agreement, and authorizes the Chairman to execute the Agreement on behalf of the County and approve any necessary budget amendments. Prel Jeff Assi Klatzkow zan County Attorney I Revi:l! and Appro~Id by:. , ~. }~ ~' Donald ;cott Director, Transportation Planning Date:~6.3 .-- trakaluse Director, Transportation Engineering : by: __ Trlsportation Ad~°r~ 15eder' ' -ministrat2r 2 Date: Date:_ /2" AGE. Ni~'iTEM' No. DEC EXECUTIVE SUMMA RY DIRECT COUNTY ATTORNEY TO TRANSMIT AND FILE APPROPRIATE DOCUMENTS TO PURSUE THE RECOVERY OF ELIGIBLE FUNDS DEPOSITED WITtt TIlE REGISTRY OF THE COURT OBJECTIVE: To pursue the recovery funds on deposit with the registry of the court associated with certain eligible Collier County eminent domain proceedings. CONSIDERATIONS: Collier County capital projects often involve obtaining the necessary rights-of- way and easements thr,Jugh eminent domain. Eminent domain proceedings typically require Collier County to make a deposit with the registry of the court based on the estimate of fair value of the property being secured. While negotiations as to the value of the property in question are finalized, funds on deposit with the registry of the court are invested and earn interest. The final disbursements made are very specific as to dollar amounts and do not address any interest earned on funds deposited with the registry of the court. Recently the Clerk of Courts has advised that it is in the County's benefit to pursue prior to January 1, 2004 funds on deposit with the registry of the court associated with Collier County eminent domain proceedings which xvould other~vise statutorily be turned over to the Chief Financial Officer of the State of Florida. To avert these funds being redirected to the State of Florida, Collier County must file appropriate documents in Collier County Circuit Court. GROWTH MANAGEMENT IMPACT: There is no Growth Management hnpact associated with this Executive Summary. FISCAL IMPACT: The attached spreadsheet identifies a list of closed Collier County cases still in the court registry with balances amounting to $255,709.40. While there may be some costs incurred to reopen these cases, any funds ultimately recovered would be additional unbudgeted revenue. RECOMMENDATION: That the Board of County Commissioner's: Submitted By: //4~~,~~ Date: / ~ ~/~-~---~ Michael Smykowski, OMB Director Reviewed By: ~a~~.h3~el, County .~orn y Jat~Q. Mudd, County ~vlahager ~ Direct t he County Attorney t o file appropriate documents s) to recoup funds deposited with the registry of the court associated with Collier County eminent domain proceedings; Notify the Chief Judge of the 20th Judicial Circuit as to the County's intentions to pursue these interest earnings. Collier Cases Page 1 ASE NO. u0-0137-CA 00-0137-CA 00-0137-CA 00-0137-CA 00-0137-CA Total 00-0139-CA 00-0139-CA 00-0119-CA Total 00-0140-CA 00-0140-CA Total 00-0141 -CA 00-0141-0A Total 00-0142-CA 00.0142-CA Total 00-0488-CA 00-0488-CA 00-0488-CA Total 00-0930-CA 00-0930~CA 00-0930-CA 00-0930-CA Total 00-0936-CA ._00-0936-CA )-0936-CA ~J0-0936-CA 00-0936-CA 00-0936-0A Total 00-0941 -CA 00-0941-CA 00-0941-CA Total 00-1294-CA 00-1294-CA 00-1294-CA 00-1294-CA 00-1294-CA 00-1294-CA Total 00-1295-CA 00-1295-CA 00-1295-CA Total 00-1395-CA 00-1395-CA 00-1395-CA 00-1395-CA 00-1395-CA Total 00-1397-CA 00-1397-CA .---00 - 1397-CA J0-1397-CA Total 00-1399-CA 00-1399-CA 00-1399-CA EMINENT DOMAIN 12/10/03 8:49 AM 661-0-202916-0 STYLE CC VS COMMUNITY SCHOOL CC VS COMMUNITY SCHOOL CC VS COMMUNITY SCHOOL CC VS COMMUNITY SCHOOL December 10, 2003 BALANCE CC VS GERACE CC VS GEl(ACE CC VS KRALIK CC VS PURPERO CC VS JANCIGAR CC VS PINE RIDGE ASSOC II CC VS PINE RIDGE ASSOC II CC VS BARRY CC VS BARRY CC VS BARRY CC VS CORTINA CC VS CORTINA CC VS CORTINA CC VS CORTINA CC VS CORTINA CC VS DAHLSTROM CC VS DAHLSTROM CC VS STONEROCK CC VS STONEROCK CC VS STONEROCK CC VS STONEROCK CC VS STONEROCK CC VS DUARTE CC VS DUARTE CC VS DAVIS CC VS DAVIS CC VS DAVIS CC VS DAVIS CC VS PINE RIDGE GOLF CENTER CC VS PINE RIDGE GOLF CENTER CC VS PINE RIDGE GOLF CENTER CC VS ALVARADO CC VS ALVARADO CC VS ALVARADO 4.65 11.98 191.96 603.44 812.03 4.07 2,659.70 2,663.77 697,51 697.51 24.12 24.12 113.41 113.41 708,52 708.52 1,417.04 5.35 8.83 360.57 374.75 3.96 6.67 75.85 107.53 425.24 619.25 5.25 161.88 167.13 3.94 5.08 23.84 162.83 192.40 388.09 3.94 35.75 39.69 1.96 3.86 47.67 77.82 13t.31 361.13 838.09 3,257.03 4,456.25 6.01 6.01 38.26 EMINENT DOMAIN 12/10/03 8:49 AM CASE NO. STYLE 00-1399-CA CC VS ALVARADO 00-1399-CA CC VS ALVARADO 00-1399-6A Total 00-1819-CA CC VS GONZALEZ 00-1819-CA CC VS GONZALEZ 00-1819-CA Total 00-1966-CA CC VS CHRISTIE 00-1966-CA CC VS CHRISTIE 00-1966-CA CC VS CHRISTIE 00-1966-CA Total 00-1968-CA CC VS MARIBONA 00-1968-CA CC VS MARIBONA 00-1968-CA Total 00-1969-CA CC VS BLANTON 00-1969-CA CC VS BLANTON 00-1969-CA CC VS BLANTON 00-1969-CA Total 00-1971-CA CC VS ROBERTSON 00-1971-CA CC VS ROBERTSON 00-1971-CA CC VS ROBERTSON 00-1971-0A Total 00-1972-CA CC VS DELAROSA 00-1972-CA CC VS DELAROSA 00-1972-CA CC VS DELAROSA 00-1972-0A Total 00-1973-CA CC VS PLAISANCE 00-1973-CA CC VS PLAISANCE 00-1973-CA CC VS PLAISANCE 00-1973-CA CC VS PLAISANCE 00-1973-CA CC VS PLAISANCE 00-1973-CA Total 00-1974-CA CC VS HELLMER 00-1974-CA Total 00-1976-CA CC VS GARGIULO 00-1976-CA CC VS GARGIULO 00-1976-CA CC VS GARGIULO 00-1976-CA CC VS GARGIULO 00-1976-CA CC VS GARGIULO 00-1976-CA Total 00-1977-CA CC VS CARDOSO 00-1977-CA CC VS CARDOSO 00-1977-CA CC VS CARDOSO 00-1977-6A Total 00-1978-CA CC VS ZAMARRIPA 00-1978-CA CC VS ZAMARRIPA 00-1978-CA Total 00-1979-CA CC VS BALORAS 00-1979-0A Total 00-2001-CA CC VS TOWNSEND 00-2001-CA CC VS TOWNSEND 00-2001-CA CC VS TOWNSEND Collier Cases 661-0-202916-0 December 10, 2003 BALANCE 180.70 238.11 469.09 0.64 6.57 7.21 6.05 29.25 132.35 167.65 46.22 65.17 111.39 25.32 27.96 91.95 145.23 5.36 45.63 172.80 223.79 6.75 121.14 168.25 296.14 0.66 3.21 3.21 11.96 174.79 193.83 26.09 26.09 1.31 15.31 35.96 45.63 110.05 208.26 51.96 55.89 60.18 168.03 2.63 31.91 34.54 43.19 43.19 1.98 7.57 12.02 Page 2 Page 3 Collier Cases ~SE NO. d0-2001-CA 00-2001-CA Total 00-2433-CA 00-2433-6A Total 00-2898-CA 00-2898-CA Total 01-0711-CA 01-0711-CA 01-0711-CA 01-0711-CA 01-0711 -CA Total 01-0756-CA 01-0756-CA 01-0756-6A Total 01-0757-CA 01-0757-0A Total 01-0758-CA 01-0758-CA 01-0758-CA 01-0758-CA Total 01-0819-CA 01-0819-CA ..-01-0819-CA 1-0819-CA Total 01 -1088-0A 01o1088-CA 01-1088-CA 01-1088-CA Total 01-1235-CA 01-1235-CA 01-1235-CA 01-1235-6A Total 01o5054-CA 01-5054-6A Total 02-1446-CA 02-1446-CA Total 02-1480-CA 02-1480-CA 02-1480-CA 02-1480-6A Total 02-1602-CA 02-1602oCA 02-1602-CA 02-1602-6A Total O2-1702-CA 02-1702-CA ~-.02-1702-6A Total 2-1742-CA 02-1742-CA 02-1742-CA 02-1742-CA EMINENT DOMAIN 12/10/03 8:49 AM 661-0-202916-0 STYLE CC VS TOWNSEND CC VS BOLLT CC VS TOBIN CC VS LEWIS CC VS LEWIS CC VS LEWIS CC VS LEWIS CC VS SUTHERLAND CC VS SUTHERLAND CC VS NASH CC VS BAISLEY CC VS BAISLEY CC VS BAISLEY CC VS RIHS CC VS RIHS CC VS RIHS CC VS HIWASSE CC VS HIWASSE CC VS HIWASSE CC VS EVANS CC VS EVANS CC VS EVANS CC SCHL BD VS LEQUERICA CC VS JOHNSTON CC VS COLLIER DEVLPMT CC VS COLLIER DEVLPMT CC VS COLLIER DEVLPMT CC VS CENTEX CC VS CENTEX CC VS CENTEX CC VS N NAPLES FIRE CC VS N NAPLES FIRE CC VS N NAPLES UNTED METHOD CC VS N NAPLES UNTED METHOD CC VS N NAPLES UNTED METHOD CC VS N NAPLES UNTED METHOD December 10, 2003 BALANCE 174.44 196.01 472.80 472.80 51.88 51.88 1.59 171.87 558.99 2,732.93 3,465.38 197.40 244.74 442.14 513.72 513.72 74.84 113.29 190.74 378.87 17.40 226.O6 258.02 501.48 46.67 78.13 4,276.14 4,400.94 273.05 518.30 827.92 1,619.27 57.02 57.02 2.84 2.84 10.59 13.33 13.33 37.25 2.99 9.35 65.11 77.45 116.48 243.04 359.52 2.23 2.82 210.48 288.11 EMINENT DOMAIN 12/10/03 8:49 AM CASE NO. STYLE 02-1742-CA Total 02-1908-CA CC VS PULLING 02-1908-CA CC VS PULLING 02-1908-CA CC VS PULLING 02-1908-CA CC VS PULLING 02-1908-CA Total 02-1909-CA CC VS TIBURON 02-1909-CA CC VS TIBURON 02-1909-CA CC VS TIBURON 02-1909-CA Total 02-1949-CA CC VS SCHUBRING 02-1949-CA CC VS SCHUBRING 02-1949-CA Total 02-2021-CA CC VS FIRST BAPTIST 02-2021-CA Total 02-2040-CA CC VS CALUSA BAY 02-2040-CA CC VS CALUSA BAY 02-2040-CA CC VS CALUSA BAY 02-2040-CA CC VS CALUSA BAY 02-2040-CA CC VS CALUSA BAY 02-2040-CA Total 02-2048-CA CC SCHL BD VS CHIAPPO 02-2048-CA Total 02-2119-CA CC VS ARCE 02-2119-CA Total 02-2132-CA CC VS LAMBERT 02-2132-CA CC VS LAMBERT 02-2132-CA CC VS LAMBERT 02-2132-CA Total 02-2133-CA CC VS PIEPLOW 02-2133-CA CC VS PIEPLOW 02-2133-CA Total 02-2134-CA CC VS COLLINS 02-2134-CA CC VS COLLINS 02-2134-CA Total 02-2135-CA CC VS COMBS 02-2135-CA CC VS COMBS 02-2135-CA Total 02-2182-CA CC VS ALVAREZ 02-2182-CA CC VS ALVAREZ 02-2182-CA Total 02-221 l-CA CC VS HERRERA 02-2211-CA CC VS HERRERA 02-2211-CA CC VS HERRERA 02-2211-CA Total 02-2212-CA CC VS G JR 02-2212-CA CC VS G JR 02-2212-CA Total 02-2217-CA CC VS BOLLT 02-2217-CA CC VS BOLLT 02-2217-CA Total Collier Cases 661-0-202916-0 December10,2003 BALANCE 503.64 1.23 8,65 20.96 30.84 61.68 14.53 14.53 75,88 104.94 2.62 20.68 23.30 67.54 67.54 1,64 68.57 100.07 121.86 309.81 601.95 130.73 130.73 85.35 85.35 2.85 11.22 19.00 33.07 7.65 8.40 16.05 4.30 6.47 10.77 1.48 16.31 17.79 15.09 36.49 51.58 7.50 23.00 40.04 70.54 77.25 299.99 377.24 25.45 220.96 246.41 Page 4 Collier Cases page 5 ASE NO. ,~2-2218-CA 02-2218-CA 02-2218-CA 02-2218-CA O2-2218-CA 02-2218-CA Total 02-2236-CA 02-2236-6A Total 02-2428-CA 02-2428-CA Total 02-5058-CA 02-5058-CA 02-5058-CA 02-5058-CA 02-5058-6A Total 02-5137-CA 02-5137-CA 02-5137-6A Total 02-5139-CA 02-5139-CA 02-5139-CA 02-5139-CA ~02-5139-6A Total ~.-5140-CA O2-5140-CA 02-5140-CA Total 02-5164-CA 02-5164-CA Total 02-5165-CA 02-5165-CA Total 02-5166-CA 02-5166-CA 02-5166-CA 02-5166-CA Total 02-5167-CA 02-5167-CA Total 02-5168-CA 02-5168-0A Total O2-5169-CA 02-5169-CA 02-5169-CA 02-5169-CA Total 03-0518-CA 03-0518-CA 03-0518-CA 03-0518-CA .-..03-0518-CA Total 3-2197-CA 03-2197-CA 03-2197-CA 03-2197-CA EMINENT DOMAIN 12/10/03 8:49 AM STYLE CC VS BIG CORKSCREW CC VS BIG CORKSCREW CC VS BIG CORKSCREW CC VS BiG CORKSCREW CC VS BIG CORKSCREW CC SCHL BD VS VELAZCO CC SCHL BD VS SHEPHERD CC VS DURDEN CC VS DURDEN CC VS DURDEN CC VS DURDEN CC VS BANAS CC VS BANAS CC VS CAROLE CONSTR CC VS CAROLE CONSTR CC VS CAROLE CONSTR CC VS CAROLE CONSTR CC VS CALUSA PINES CC VS CALUSA PINES CC VS WILSON CC VS SANDITEN CC VS RAMIREZ CC VS RAMIREZ CC VS RAMIREZ CC VS TREESOURCE CC VS SUDAL CC VS MORGAN CC VS MORGAN CC VS MORGAN CC VS HAAGA CC VS HAAGA CC VS HAAGA CC VS HAAGA CC VS MCCUMBER CC VS MCCUMBER CC VS MCCUMBER CC VS MCCUMBER 661-0-202916-0 December 10, 2003 BALANCE 7.43 46.42 48.67 75.97 499.88 678.37 15,882.47 15,882.47 723.36 723.36 12.97 13.59 21.64 53.28 101.48 84.53 157.72 242.25 16.38 55.97 85.12 252.99 410.46 38.27 526.40 564.67 24.70 24.70 328.89 328.89 17.06 33.96 165.58 216.60 162.42 162.42 29.47 29.47 17.84 89.94 109.13 216.91 13,30 26.55 60,73 625.92 726.50 0.10 0.93 5.60 50.65 EMINENT DOMAIN 12/10/03 8:49 AM CASE NO. STYLE 03-2197-CA Total 03-2227-CA CC VS GREEN 03-2227-CA CC VS GREEN 03-2227-CA CC VS GREEN 03-2227-CA Total 03-2259-CA CC VS YAKLICH 03-2259-CA CC VS YAKLICH 03-2259-CA Total 03-2273-CA CC VS LICHLITER 03-2273-CA CC VS LICHLITER 03-2273-CA CC VS LICHLITER 03-2273-CA CC VS LICHLITER 03-2273-CA CC VS LICHLITER 03-2273-CA Total 03-2283-CA CC VS MENDES 03-2283-CA CC VS MENDES 03-2283-CA CC VS MENDES 03-2283-CA CC VS MENDES 03-2283-CA Total 03-2352-CA CC VS COMBS 03-2352-CA CC VS COMBS 03-2352-CA CC VS COMBS 03-2352-CA CC VS COMBS 03-2352-CA CC VS COMBS 03-2352-6A Total 03-2353oCA CC VS FREY 03-2353-CA CC VS FREY 03-2353-CA CC VS FREY 03-2353-CA CC VS FREY 03-2353-CA CC VS FREY 03-2353-CA Total 03-2372-CA CC VS PRIMERA IGLESIA 03-2372-CA CC VS PRIMERA IGLESIA 03-2372-CA CC VS PqlMERA IGLESIA 03-2372-CA CC V,c 'PA IGLESIA 03-2372-CA CC VS ~'Rlrv~,jRA IGLESIA 03-2372-CA Total 03-2373-CA CC VS PERRY 03-2373-CA Total 03-2499-CA CC VS TECH 03-2499.CA Total 03-2500-CA CC VS SANNICANDRO 03-2500-CA CC VS SANNICANDRO 03-2500-CA CC VS SANNICANDRO 03-2500-CA Total 03-2549-CA CC VS GUIDISH 03-2549-CA CC VS GUIDISH 03-2549-CA CC VS GUIDISH 03-2549-CA CC VS GUIDISH 03-2549-CA Total 03-2550-CA CC VS SALZMANN Collier Cases 661~0-202916-0 December 10, 2003 BALANCE 57.28 0.10 8.74 22.99 31.83 19.39 21.88 41.27 0.10 0.10 7.76 13.95 39.08 60.99 0.19 6.18 10.70 14,54 31.61 2.82 5.99 30.32 64.11 113.19 216.43 0.19 9.04 14.93 29.39 38.46 92.01 7.17 7.17 15.81 20.04 68.75 118.94 5.89 5.89 8.94 8.94 0.10 7.96 20.63 28.69 15.32 18.17 25.01 39.08 97.58 12.38 Page 6 Page 7 Collier Cases ~,SE NO. U3-2550-CA 03-2550-CA Total 03-2551 -CA 03-2551-CA 03-2551 -CA 03-2551-CA Total 03-2788-CA 03-2788-CA Total 03-2872-CA 03-2872-0A Total 86-2289-CA 86-2289-CA Total 87-1943-CA 87-1943-CA Total 87-307-CA 87-307-CA Total 87-308-CA 87-308-CA Total 88-2866-CA 88-2866-CA Total 88-2867-CA 88-2867-CA Total --~-8-2868-CA -2868-CA Total 88-2869-CA 88-2869-CA Total 88-2870-CA 88-2870-CA Total 89-1009-CA 89-1009-CA Total 89-1013-CA 89-1013-CA 'l:otal 89-1090-CA 89-1090-CA Total 89-1581-CA 89-1581 -CA Total 89-2821 -CA 89-2821-CA Total 89-2825-CA 89-2825-CA Total 89-2935-CA 89-2935-CA Total 89-472-CA 89-472-CA Total 89-859-CA 89-859-CA Total "-"q-875-CA ~-875-CA Total 89-957-CA 89-957-CA Total 89-978-CA EMINENT DOMAIN 12/10/03 8:49 AM 661-0-202916-0 STYLE CC VS SALZMANN CC VS GATTI CC VS GATTI CC VS GATTI CC VS LEMUS CC VS SCHIEBEL cc v. rowland cc v. hitching post cc v. sigler cc v. malt cc v, palmer cc v. erin's isle cc v. krantz cc v. fayard 88 case cc v. texland cc v. davis blvd real estate cc v. perrine cc v. ernest kanelos cc v. miceli trust cc v. windjammer village cc v. long cc v. fayard 89 case cc v. robed smith cc v. robed taylor cc v. vernon & francis miller cc v. walker & wing cc v. sanders $ $ December 10, 2003 BALANCE 26.23 38.61 0.10 8.16 17.29 25.55 151.75 151.75 25.43 25.43 1,202.65 1,202.65 7,653.10 7,653.10 107.15 107.15 215.08 215.08 31,178.05 31,178.05 532.24 532.24 289.99 289.99 3,900.75 3,900.75 1,195.50 1,195.50 2.900.50 2,900.50 398.16 398.16 4,113.65 4,113.65 550.60 550.60 81.43 81.43 583.21 583.21 3,377.44 3,377.44 331.53 331.53 1,922.07 1,922.07 2,630.82 2,630.82 1,616.84 1,616.84 1,641.07 CASE NO. 89-978-CA Total 89-987~CA 89-987-CA Total 89-991 -CA 89-991 -CA Total 91-1600-CA 91-1600-CA Total 91-2352-CA 91-2352-CA 91-2352-CA Total 91-2775-CA 91-2775-CA Total 91-2776-CA 91-2776-CA Total 91-3162-CA 91-3162-CA Total 91-3388-CA 91-3388-CA Total 91-3691-CA 91-3691-CA Total 91-3955-CA 91-3955-CA Total 91-3956-CA 91-3956-CA Total 91-3983-CA 91-3983-CA 91-3983-CA 91-3983-CA 91-3983-CA Total 92-1508-CA 92-1508-CA Total 92-2045-CA 92-2045-CA Total 92-2065-CA 92-2065-CA Total 92-2079-CA 92-2079-CA Total 92-2791-CA 92-2791-CA Total 94-2131 -CA 94-2131 -CA Total 94-2826-CA 94-2826-CA 94-2826-CA Total 94-2934-CA 94-2934-CA 94-2934-CA Total 95-2863-CA 95-2863-CA Total 95-5071-CA 95-5071 -CA EMINENT DOMAIN 12/10/03 8:49 AM STYLE cc v. call cc v. duncklee cc v. comm development 91 cc v. vaughn CC VS VAUGHN cc v. sizer/hodges cc v. visinich & papasidero cc v. currie cc v. kingmont corp. cc v. flneis cc v. naples industrial park cc v. Mco cc v. d'antuono CC VS D'ANTUONO CC VS D'ANTUONO CC VS D'ANTUONO cc v. maloney cc v. bendott cc v. lamar gable trustee cc v. fritchey cc v. rak development cc v. parkway church cc v. sexton CC VS SEXTON cc v. comm development 94 CC VS COMMUNITY DEV cc v. titus cc v. doane-kempfer CC VS DOANE-KEMPFER Collier Cases 661-0-202916-0 December 10, 2003 BALANCE 1,641.07 8,834.11 8,834.11 2,001.29 2,001.29 2,243.29 2,243.29 2,869.30 93.29 2,962.59 483.71 483.71 10,996.88 10,996.88 33.19 33.19 152.96 152.96 392.87 392.87 79.97 79.97 564.16 664.16 2,958.58 22.24 101.38 501.67 3,583.87 419.64 419.64 3,474.86 3,474.86 650.84 650.84 68.42 68.42 1,646.02 1,646.02 1,025.08 1,025.08 2,454.20 66.96 2,521.16 2,618.17 107.28 2,725.45 546.14 546.14 6,039.07 62.20 Page 8 Collier Cases Page 9 ASE NO. 95-5071-CA 95-5071-CA Total 96-1314-CA 96-1314-CA Total 96-1315-CA 96-1315-CA 96-1315-CA 96-1315-CA 96-1315-CA 96-1315-CA 96-1315-CA 96-1315-CA 96-1315-CA 96-1315-CA 96-1315-CA 96-1315-CA 96-1315-CA 96-1315-CA Total 96-2011-CA 96-2011-CA 96-2011-CA Total 96-4052-CA --~6-4052- CA ~-4052-6A Total 98-1393-CA 98-1393-CA 98-1393-CA 98-1393-CA 98-1393-CA Total 98-1394-CA 98-1394-CA 98-1394-CA 98-1394-CA 98-1394-CA 98-1394-CA 98-1394-CA 98-1394-CA 98-1394-CA 98-1394-CA 98-1394-CA Total 98-1396-CA 98-1396-CA 98-1396-CA 98-1396-CA 98-1396-CA 98-1396-CA '"'~ 8-1396-CA 3-1396-CA 98-1396-CA 98-1396-CA 98-1396-CA EMINENT DOMAIN 12/10/03 8:49 AM 661-0-202916-0 STYLE CC VS DOANE-KEMPFER cc v. olah cc v. kinsley CC VS KINSLEY CC VS KINSLEY CC VS KINSLEY CC VS KINSLEY CC VS KINSLEY CC VS KINSLEY CC VS KINSLEY CC VS KINSLEY CC VS KINSLEY CC VS KINSLEY CC VS KINSLEY CC VS KINSLEY cc v. schwikhardt CC VS SCHWEIKHARDT cc v. collier dev corp CC VS COLLIER DEVLPMT cc v. clemens CC VS CLEMENS CC VS CLEMENS CC VS CLEMENS cc v. bender CC VS BENDER CC VS BENDER CC VS BENDER CC VS BENDER CC VS BENDER CC VS BENDER CC VS BENDER CC VS BENDER CC VS BENDER cc v. radio road CC VS RADIO ROAD CC VS RADIO ROAD CC VS RADIO ROAD CC VS RADIO ROAD CC VS RADIO ROAD CC VS RADIO ROAD CC VS RADIO ROAD CC VS RADIO ROAD CC VS RADIO ROAD CC VS RADIO ROAD December 10, 2003 BALANCE 237.46 6,338.73 49.93 49.93 1,074.84 3.88 3.88 3.88 4.47 4.47 4.47 4.47 6.14 7.64 19.56 52.50 52.50 1,242.70 47.78 24.25 72.03 1,988.69 431.93 2,420.62 3.31 12.24 18.11 26.35 60.01 197.43 6.99 35.44 129.95 132.49 171.86 224.48 585.79 1,478.07 4,508.41 7,470.91 430.08 72,87 580.59 847.17 889.00 907.14 1,305.05 1,339.89 1,596.58 1,850.57 1,886.97 EMINENT DOMAIN 12/10/03 8:49 AM CASE NO. STYLE 98-1396-CA CC VS RADIO ROAD 98-1396-CA CC VS RADIO ROAD 98-1396-CA CC VS RADIO ROAD 98-1396-CA CC VS RADIO ROAD 98-1396-CA CC VS RADIO ROAD 98-1396-CA Total 98-1635-CA cc v. mcalpine 98-1635-6A Total 98-1672-CA cc v. naples italian/american 98-1672-CA CC VS NAPLES ITALIAN-AMER 98-1672-CA CC VS NAPLES 98-1672-CA CC VS NAPLES 98-1672-CA CC VS NAPLES 98-1672-CA CC VS NAPLES 98-1672-CA CC VS NAPLES 98-1672-CA CC VS NAPLES 98-1672-CA CC VS NAPLES 98-1672-CA CC VS NAPLES 98-1672-CA CC VS NAPLES 98-1672-CA CC VS NAPLES 98-1672-CA CC VS NAPLES 98-1672-CA CC VS NAPLES 98-1672-CA CC VS NAPLES 98-1672-6A Total 98-1674-CA CC VS PULLING 98-1674-CA Total 99-1291-CA CC VS WARD 99-1291-CA Total 99-2165-CA CC VS FAITH BIBLE 99-2165-CA CC VS FAITH BIBLE 99-2165-CA CC VS FAITH BIBLE 99-2165-CA CC VS FAITH BIBLE 99-2165-CA CC VS FAITH BIBLE 99-2165-CA CC VS FAITH BIBLE 99-2165-0A Total 99-3040-CA CC VS FASSETT 99-3040-CA CC VS FASSETT 99-3040-CA CC VS FASSETT 99-3040-CA CC VS FASSETT 99-3040-CA CC VS FASSETT 99-3040-CA CC VS FASSETT 99-3040-CA CC VS FASSETT 99-3040-CA CC VS FASSETT 99-3040-CA CC VS FASSETT 99-3040-CA CC VS FASSETT 99-3040-CA Total 99-3682-CA CC VS PATTERSON 99-3682-CA Total 99-3683-CA CC VS REY 99-3683-CA CC VS REY 99-3683-CA CC VS REY Collier Cases 661-0-202916-0 ITALIAN-AMER ITALIAN-AMER ITALIAN-AMER ITALIAN-AMER ITALIAN-AMER ITALIAN-AMER ITALIAN-AMER ITALIAN-AMER ITALIAN-AMER ITALIAN-AMER ITALIAN-AMER ITALIAN-AMER ITALIAN-AMER December 10, 2003 BALANCE 2,458.38 2,902.91 3,410.62 3,773.77 11,910.91 36,162.50 604.16 604.16 475.40 32.02 63.77 96.67 96.67 139.13 199.57 343.46 462.95 462.95 495.58 542.98 931.29 1,808.50 2,141.13 8,292.07 2,077.91 2,077.91 2,546.88 2,546.88 4.15 80.45 295.45 434.12 434.12 1,349.00 2,597.29 111.89 129.90 655.94 876.98 882.54 919.60 2,075.69 2,388.28 5,487.39 7,625.59 21,153.80 104.18 104.18 12.90 24.12 28.93 Page 10 Collier Cases Page 11 ASE NO. u9-3683-CA 99-3683-CA Total 99-3684-CA 99-3684-CA 99-3684-CA 99-3684-CA Total 99-3685-CA 99-3685-CA 99-3685-CA Total 99-3686-CA 99-3686-CA 99-3686-CA Total 99-3687-CA 99-3687-CA Total 99-3688-CA 99-3688-CA 99-3688-CA Total 99-3689-CA 99-3689-CA 99-3689-CA 99-3689-CA 99-3689-CA Total ~99-3690-CA )-3690-CA 99-3690-CA 99-3690-CA Total 99-3884-CA 99-3884-CA Total Grand Total EMINENT DOMAIN 12/10103 8:49 AM STYLE CC VS REY CC VS ELAINE CC VS ELAINE CC VS ELAINE CC VS KRAMER CC VS KRAMER CC VS THOMPSON CC VS THOMPSON CC VS BAUM CC VS DERMA CC VS DERMA CC VS BERGERON CC VS BERGERON CC VS BERGERON CC VS BERGERON CC VS DANIELSON CC VS DANIELSON CC VS DANIELSON CC VS WOODRUFF 661-0-202916-0 December 10, 2003 BALANCE 211.05 277.00 4.40 63.17 141.57 209.14 64.43 225.57 290.00 5.14 107.59 112.73 107.11 107.11 16.65 299.35 316.00 3.74 10.46 125.57 301.19 440.96 8.92 92.51 129.27 230.70 284.42 284.42 $255,709.40 RECOMMEND APPROVE AN EXECUTIVE SUMMARY,, THAT THE BOARD OF COUNTY COMMISSIONERS AGREEMENT WITH THE AGENCY FOR HEALTH CARE ADMINISTRATION AND NAPLES COMMUNITY HOSPITAL FOR PARTICIPATION IN THE UPPER PAYMENT LIMIT PROGRAM FOR SERVICES PROVIDED ON BEHALF OF THE HUMAN SERVICES DEPARTMENT, COUNTY HEALTH DEPARTMENT, AND DAVID LAWRENCE C~NTER TO GENERATE AN ADDITIONAL $438,915 IN FEDERAL MATCHING FUNDS ANNUALLY. OBJECTIVE: To provide human services at the most efficient value by leveraging Federal funds with existing budgeted local funds. CONSIDERATIONS: The Agency for Health Care Administration (AHCA), the State entity that provides Medicaid Services in Florida, offers a program that leverages Federal funds with local matching funds to enhance services to low-income individuals through special Medicaid payments. This Upper Payment Limit program as it is titled provides for communities to enter into an agreement with ACHA to utilize local funds to gain an additional 17.5% from the Federal Government to provide inpatient services through a local qualifying hospital. In Collier County's case, Naples Community ttospital is the only eligible hospital locally. Naples Community Hospital has agreed to accept these funds and in return fund the County's programs (Human Services, County Health Department, and David I,awrence Center) at amounts that program levels funded by the Board of County Commissioners in FY '04 utilizing the additional Federal dollars (see attached table). Specifically, the three Agencies will continue to provide these services and the Hospital will be indemnified from these programs through the attached agreement. The only issue is whether all health services programs submitted will be approved by ACHA. There is continual discussions at the State and Federal level in this respect, but indications in spe',ffdng with ACHA representatives is that these programs are all eligible. If some of the programs are declared ineligible, the County would receive less revenue. However, existing programs would not be impacted. Furthermore, if the County participates in this program, it is anticipated that other programs' may be eligible in the future which ~vould allow the County to leverage additional savings potentially over a million dollars annually. FISCAL IMPACT_'. It is estimated that if all the proposed programs are funded, the Upper Payment Limit program will provide an additional $391,415 annual revenue for healthcare and behavioral healthcare resources to Collier County thus reducing the contribution of general funds to the programs outlined above. Local matching funds are avail'4'~le ! ~° '--Z~ the FY04 budget within these program budgets, but have been partially expended. Therefore, it is expected that the savings in FY04 will be based upon when the program is officially implemented. It is anticipated at this time that the County will receive $391,415. Naples Community Hospital will receive $47,500 from the revenue to administer the program. This fee was negotiated as an actual cost of the administration based upon personnel time and overhead. GROWTH MANAGEMENT IMPACT: associated with this Executive Summary. There is no growth management impact RECOMMENDATION: That the Board of County Commissioners approve the agreement and authorize the Chairman to sign said agreement. SUBMITTED BY: ~~ s, ~)ire~r, Wfih m~~nt APPROVED BY: Jc ~ Du~n~ck.'~dministrator--~ P tic Services Division Date: Date: Agend~ item DEC 1 6 2003 AGREEMENT THIS AGREEMENT is made and entered into this by and between Collier County, Florida, a political subdivision of the State of Florida, hereinafter referred to as '~the County" and Naples Community Hospital, a Florida not-for-profit hospital incorporated under the laws of the State of Florida, hereinafter referred to as "the Hospital". RECITALS: WHEREAS, Section 125.01(1)(e), Florida Statutes, authorizes the County to provide health welfare programs for the residents of Collier County to the extent not inconsistent with general or special law, and WHEREAS, The establishment and maintenance of such programs are in the common interest of the people of Collier County, and WHEREAS, The County desires to contract with the Hospital to provide payments for health prevention programs, and mental health services to residents of the County, where no existing state or federal resources are available, and WHEREAS, The Hospital is willing to provide third party administrative (TPA) services for such services, subject to the terms and conditions hereinafter set forth. NOW THEREFORE, in consideration of the covenants herein contained, the parties hereby agree as follows: ARTICLE I SERVICES TO BE PERFORMED 1. The Hospital shall provide TPA services for the following services in the manner as described in Attachment A, Scope of Services: a. Immunization program provided by the Collier County Health Department. b. AIDS Prevention Program provided by th(; Collier County Health Department. c. Tuberculosis Program provided by the Collier County Health Department. d. Communicable Disease Program provided by the Collier County Health Department. e. Child Health Program provided by the Collier County Health Department. f. Healthy Start Prenatal Program provided by the Foundation for Women's Health. g. School Health Program provided by the Collier County Health Department. h. Adult Health Program provided by the Collier County Health Department. i. Dental Program provided by the Collier County Health Department. j. Community Mental Health Services provided by the David Lawrence Center, Inc. k. Hospital agrees to fund other health related programs and services as directed by the County. 2. The obligation of the Hospital to provide any services pursuant to this Agreement, or to pay for services provided by other parties approved by the County pursuant to this Agreement, shall be contingent upon designated funds being paid to Hospital by the state or county in advance of the obligation of the Hospital to provide any services or to pay for any services. In the event that sufficient designated funds are not on deposit with the Hospital, the Hospital shall have no obligations under this Agreement. FAgenda It~ t ,E'6 f 6 2003 ARTICLE II PAYMENTS The County shall make payments to the State of Florida under the Inter Governmental Transfer Program (IGT). ARTICLE III CLAIMS VALUATION AND CLAIMS PROCESSING As the claJms processing entity, the hospital will provide quarterly financial reports to the County in such detail as reasonably requested by the County. ARTICLE IV TERMS OF AGREEMENT AND TERMINATION The term of this Agreement shall be October 1, 2003 through September 30, 2004 with two annual renewals. The IGT program is authorized annually by the Florida Legislature and subsequent renewals are contingent upon Legislative continuation of the program. Either pady may terminate this Agreement, without cause, thirty (30) calendar days after receipt by the other party of written notice of intent to terminate. In the event of termination, the (' nty shall pay for services rendered, prorated to the date of termination. The (_ ~,unty shall continue to pay for any inpatient receiving services on the date of termination until the discharge of such patient. Upon breach of this Agreement. the aggrieved party may, by written notice of breach to the breaching party, terminate this Agreement. Termination shall be upon no less than twenty-four (24) hours notice, in writing, delivered by certified mail, telegram or in person. Waiver by either party of a breach of any provisions of this Agreement shall not be deemed to be a waiver of any other or subsequent breach and shall not be construed to be a modification of the terms of this Agreement. Prior to any notice of breach being effective, the notifying pady must provide the party alleged to be in breach of this agreement five (5) business days in which to cure any alleged ' ~.,. It is further agreed that in the event general funds to finance all or part of this Agreement do not become available, the obligations of each party hereunder may be terminated upon no less than twenty-four (24) hours notice in writing to the other party. Said notice shall be delive-ed by certified mail, telegram or in person. The County shall be the final authority as to the availability of funds and as to how any available funds will be allocated among it various service providers. ARTICLE V ASSIGNMENT The Hospital and/or its sub-contractor shall not assign or transfer this Agreement or,,..q.~.~any interest, right or duty herein, without the prior written consent of the Count~ w~ . consent shall not be unreasonably withheld by the County. Without obtaining prior consent by the County, the Hospital shall be allowed to assign or transfer this Agreement, or any of the Hospital's obligations hereunder to affiliates or wholly owned subsidiaries of the Hospital. This Agreement shall run to the County and its successors. ARTICLE VI SUBCONTRACTING The parties agree that the Hospital shall be permitted to execute subcontracts for the purchase by the Hospital of such services, articles, supplies, and equipment, which is both necessary and incidental to the performance of the work, required under this Agreement. However, the Hospital expressly understands that it shall assume the primary responsibility for performing the services outlined in Article I of this Agreement. ARTICLE VII INSURANCE, SAFETY AND INDEMNIFICATION Indemnity. The Hospital and/or its sub-contractor shall indemnify the County against any claims, damages, losses, and expenses, including reasonable attorneys' fees and costs, arising out of, resulting from the Hospital's failure to pay for services as directed by the County. The County shall indemnify the Hospital against any claims, damages, losses, and expenses, including reasonable attorneys' fees and costs, arising out of, resulting from or in any way connected with the performance of the County's responsibilities under this Agreement including the County' ,view of all invoices to insure that no violations of state or federal laws, rules or ret ations occurs in payments made pursuant to this Agreement. Insurance Required. The Hospital maintains insurance as described in the attached Insurance Exhibit that fully satisfies the insurance requirements of the County. ARTIQI.E lilY BILLING PROCEDURES The Hospital has standard, acceptable billing procedures that Hospital will utilize in the performance of its obligations under this Agreement. County shall direct Hospital to make payments pursuant to this Agreement once County has verified the validity of invoices to be paid by Hospital. Hospital will not pay any invoices prior to approval by County. Hospital shall make payments to specific healthcare programs and services, such as the mental health programs of the David Lawrence Center that are pre-approved by the County for payment. Hospital shall use reasonable efforts to pay invoices approved by County within thirty (30) days of County approval. For the healthcare services provided by Hospital, the Hospital shall be reimbursed at the federally approved Medicare rates. The County shall be responsible for verifying invoices for such services prior to reimbursement to the Hospital. The Hospital has the right to balance b'_,~th,~ ~' Agenda patient for any difference between the Medicare rate and the amount the hospital is paid pursuant to the county's authorization. For providing TPA services, the Hospital shall be compensated monthly and in advance at the rate of $4750.00 (four thousand seven hundred and fifty dollars) per month. ARTICLE IX RECORDS The Hospital and/or its sub-contractor shall keep orderly and complete records of its accounts and operations related to the services provided under this Agreement for the entire term of the Agreement plus three (3) years. The Hospital and/or its sub-contractor shall keep open these records to inspection by County personnel at reasonable hours during the entire term of this Agreement. If any litigation, claim or audit is commenced prior to the expiration of the three (3) year period and extends beyond this period, the records shall be maintained by Hospital and be reasonably available until the litigation, claim, or audit has been resolved. Any person duly authorized by the County shall have reasonable access to and the right to examine any of said records during said period. ARTICLE X CIVIL RIGHTS There will be no discrimination against any employee or person served on account of race, color, sex, age, religion, ancestry, national origin, handicap or marital status in the performance of the Agreement. 2. It is expressly understood that, upon receipt of evidence of such discrimination, the County shall have the right to terminate this Agreement for breach of agreement. 3. The Hospital and/or its sub-contractor shall comply with Title VI of the Civil Rights Act of 1964 (42 USC 2000d) in regard to persons served. 4. The Hospital and/or its sub-contractor shall comply with Title VII of the Civil Rights Act of 1964 (42 USC 2000c) in regard to employees or applicants for employment. 5. The Hospital and/or its sub-contractor shall comply with Section 504 of the Rehabilitation Act of 1973 in regard to employees or applicants for employment and clients served. ARTICLE Xl OTHER CONDITIONS Any alterations, variations, modifications or waivers of provisions of this Agreement shall only be valid when they have been reduced to writing, duly signed by the both parties hereto and attached to the original of this Agreement. The parties agree to renegotiate the Agreement if revision of any applicable laws or regulations makes changes in the Agreement necessary. This Agreement contains all the terms and conditions agreed upon by the parties. All items incorporated by reference are as though physically attached. No other agreements, oral or otherwise, regarding the subject matter of this Agreement, shall be deemed to exist or to bind any of the parties hereto. 3. The Hospital and/or its suo-contractor shall obtain and possess throughout the term of this Agreement all licenses and permits applicable to its operations under federal, state, and local laws, and shall comply with all fire, health and other applicable regulatory codes. 4. The Hospital and/or its sub-contractor agrees to comply with all applicable requirements and guidelines prescribed by the County for recipients of funds. 5. The Hospital and/or its sub-contractor agree to safeguard the privacy of information pursuant to the Health Insurance Portability and Accountability Act of 1996 (HIPAA). IN WlTHNESS WHEREOF, the parties have executed this Agreement on the dates indicated below. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY By: ATTEST: By: Date: Naples Community Hospital By: Title: ATTEST: By: Date: Approved a~ to form f~ legal sufficiency Assistant County Attorne~ E C 1 6 2003 ATTACHMENT A SCOPE OF SERVICES _Responsibilities of the Hospital: The Hospital and/or its sub-contractor shall provide payments for health prevention programs identified in this Agreement to the Collier County Health Department. The Hospital and/or its sub-contractor shall provide payments for community mental health services as identified in this Agreement to the David Lawrence Center, Inc. The Hospital and/or its sub-contractor shall provide timely responses to contract requirements. Responses to inquiries from the Public Services Division, County Health Department or designee regarding any aspect of payment of services being provided shall be as indicated below. The Hospital and/or its sub-contractor shall provide payments for emergency room, secondary, and tertiary care for those patients determined eligible by the County Human Services Department. o Secondary and tertiary services shall be provided upon the re ~,ring physician or designated physician's order. The referral order shall distinguish between a referral for specific therapeutic services and a diagnostic workup. Nothing in this contract shall be construed to limit access for a patient to any service provided by the Hospital that is medically necessary and approved by the County. Collier County Responsibilities: 1. Provide Quarterly payments to the Agency for Health Care Administration ACORD., CERTIFICATE OF LIABILITY INSURANCE Pare 10/03/2003 ~ ROD UC E R INSURED THIS CERTIFICATE IS ISSUED AS A MATFER OF INFORMATION 877-945-7378 Willis Nort~America, Inc. . Reglonal Cert Center 26 century Blv~. P. O. Box 305191 Nashville, TN 3~2305191 NCH Healthcare Systems, i~¢. PO .qox ¢13029 Naples, FL 34101 ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE Paul Fire & Marine Insurance Company 24767-001 INSURER~. Steadfast Insurance Co. 26387-001 INSURERC: M/c~west ~mployers Casualt7 Co. INSURER O~. 23612-000 INSURER~ COVERAGES THE POLICIES OF INSURANCE us'rED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED A~O. VE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH HESPECT TO WHICH THIS CERTtFfCATE MAY BE ISSUED OR , E INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH MAY PERTAIN TH_^.~=:, t,~rrc~ c:~4nwN MAY HAVE BEEN REDUCED BY PAID CLAIMS. POLICIES, AGGREG~, ~ ,.~ ............. p OLICY EFFE~..19VE [ POLICY EXPIRATION ~NSR TYPEOF IN~U~ANCE I:~OL)Cy NUMBER DATE ~MM/OD/Y'Y~ ~ DATE (MM/OOPf~ LIMIT~ , LTR EACH OCCURRENCE $ GENERAL LIABILITY FiRE DAMAC~ {Any one I~e) COMMERCIAL GENE F~AL UABIt ITY MED EXP {A~y ot, e person) $ GEN EPJ~L AGGREGATE ! $ pROOUCTS.COMPJOpAG~i ~$ GEN~. AG(3 REGATE U MIT APPLIES PER: JECT -- AUTOMOBILE UABILrFY CK06B07231 10/1/2003 10/1/9-004 COf~NED aNGLE m eMIT __ ALLOWNEDAU'TOS i , (Perpemo~) -- SCHEDULED AUTOS X HIREDAUTOS ~ (Peracc~ent) NON-OWNED AL/TOS PROPERTY DAMAGE .-- (Per accident .,,[--i~, -- AUTO ONLY- EA ACCJDENT GA'M'.AGE LtAS~ITY I ~-,~AACC ; $ , AUTO ONLY: AGG B B ESSLmmU~ 1 HPC280705507 10/1/2003 ] 10/1/2004 , ~ACHOCCURRENC~ 5, 000, 000 ' DEDUOI~BLE $ I OTH- X' TORY UMITS WORKERS COMPENSATION AND EMPLOYER~ LIA~IUTY ~E_.L- EACH ACCIDENT $ EL. OIS F-.AS E - E.L. D1SC--ASE-POUcYLIMIT i $ ]g',~C005209 10/1/2003 10/1/2004 C l OT~ER J $1,000,000. Each Accident ~XCeBm Workers I $1,000,000. Each Em~loyee/D£sease Com~enmat[on [ ILimi~s are in Excess of $500,000. ~ o~sC~'N o~ Op~O~OCAT~O~SNENmLES/EXCLUS~S AmOSO ~ ~NOO~SE~N~SPEC~C P,OWEm"S Pro~ese~onal Liabilit~ PoliCy # HPC280706507 10/1/2003 - 10/1/2004 Carrier: Stea~Eas~ Insurance Cortland?/2638?-001 RETRO DATE: 7/1/78 $15,000,000. Li~Lt over SIR / SiS $3,000,000. Umbrella liability is excess oE Hospital Pro~essional Liability wit/~ a Self-Insure~ retention $3,000,000 Der cla/~n, and Gert.era1 Liability with a Self-Insured retention of $1,000,000 CERTIFICATE HOLDER ACORD 2S-S (7/97) iAODITIONAL ~HSUREO; IN~URER LE3TER: SHOULD ANY OF THE ABOVE DESCRIBED POLICIES gE CANCELLED BE FORE THE EXPIRATION DATE THEREOF, THE ISSU1NG INSURER WILL ENDEAVOR TO MAIL 3 0 DAYS WRnF[EN NOT~CE TO TH~ CERTIFICATE HOLDER NAMED TO THE LEFT. BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ~TS AGENTS OR / / ~ .... ~'~' ~T/~,CO RD C ORPORATIO N 1 g88 CO21:828520 ~p1:209687 Cer~09195 No. /~ ~ DEC 1 6 2003 :23~ -~3~ 5285 3 / 3 Page 2 of 2 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, [he policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, sublect to the terms and conditions of the policy, certain poricies may require an endorsement. A statement on this certificate does not confe¢ rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the polities listed thereon. ACORD 25..S (7/97) Coli:828620 Tp1:209687 Cert:3509195 Agenda Item No. ,/~ DEC 1 6 003 Agenda ,I .o. ,~._._~ DEC ! 6 2003 Letter of Agreement THIS LETTER OF AGREEMENT made and entered into in duplicate on the day of ~( ~ ~ , ~- )0.~ by and between Collier County, (the County) and the State of Florida, through its Agency tbr Health Care Administration, Per Senate Bill 2-A, the General ,Appropriations Act of FY 2003-2004, passed by the 2003 Florida Legislature, Collier County and the State of Florida. through the Agency tbr Health Care Administration, agee that Collier County will remit to the State an amount up to $2,508,085. a) The County and State have a~eed that these funds xvill only be used to increase tile provision of Medicaid fltnded health sera'ices to the people or'the County and the State of Florida at large. b) The increased provision of Medicaid funded health ser~'ices will be accomplished through the following Medicaid programs: 1. The removal or'inpatient and outpatient reimbursement ceilings l:br teaching, specialty and community health education programs hospitals. 2. Increase tile annual cap on outpatient services for adults from 5500 to $1500. Special Medicaid pa.xqnents to rural hospitals, trauma centers, graduate medical education pro.ams, prima~ care services and other Medicaid participating hospitals. 4. Special ~Iedicaid payments to hospitals that provide enhanced services to low-income individuals. The County' will pa.',,' tile State in the amount of $2.508,085. The County will transfer pa>Tnents to the State in the following manner: a) The first quarterly pa,vment ofS627,022 for the months of Juty, August, and September is due upon receipt of the first quarter invoice. b) Each successive payment of $627,021 is due no later than the end of each quarter, December 3 I, 2003, March 31, 2004 and June 30, 2004. c) The State xvill invoice Collier County each quarter payments are due. The County and the State agree that the State x~ ill maintain necessary records and supporting documentation applicable to Medicaid health serx'ices covered by this Letter of Agreement. Further the County and State agree that the County shall have access to these records and the supporting documentation by requesting the same from the State. The County and the State agee that any modifications to this Letter of Agreement shall be in the same form, namely the exchange of signed copies of a revised Letter of Agreement. The county confirms that there are no pre-arranged agreements (contractual or otherwisei between the respective counties, hospital districts, and/or the hospitals to re-direct an.,,' portion of the Medicaid supplemental payments in order to satisfy non- Medicaid activities. 6. This Letter of A~eement covers the period Jul.',' 1, 2003 through June 30, 2004. x, V1TNESSETH: IN WITNESS WHEREOF the parties have duly e×ecutcd this Letter of Agreement on the day and year above first written. Count.',' State or' Florida Signature Kenneth L. Thurston, CPA Assistant Deputy Secretary tbr Medicaid Finance Agency' tbr Health Care Administration Name Title Agenda Item~- No, /0 ~-- DEC-'- 2003 EXECUTIVE SUMMARY. THAT THE BOARD OF COUNTY COMMISSIONERS APPROVE AN AGREEMENT AND PLAN TO PROVIDE OUT OF COUNTY TRANSPORTS FOR NAPLES COMMUNITY HOSPITAL (NCH) HEALTHCARE SYSTEM FACILITIES. OBJECTIVE: T o provide better protection for the health, safety, and welfare o fthe residents of Collier County through efficient use of resources. CONSIDERATIONS: The Board directed staff and the Naples Community Hospital to develop a settlement agreement to provide out of County transports from NCH healthcare facilities. Following this direction both stall's met and agreed to a short and long term solution. Short Term Solution: The short tcnn solution is to modify the inter-facility transport agreement t o allow t he hospital t o u sc t his dedicated u nit ( Medic 8 0) for b otb o ut-of- county and inter-facility transports at an "at-cost" rate determined by a base rate and out of county mileage. In cases where the unit is in route out-of-county, the hospital will then seek a private carrier for inter-facility transports. If a private carrier is unavailable and a County unit is available, NCH may request the County services, but must pay the fees established by Resolution. Under this plan the County will recoup its investment in the program, ensure there is continuity tbr the community, and plan the coverage accordingly. Long term Solution: The long-term solution is to support the hospital's request for a limited Certificate of Public Convenience and Necessity to operate a transport service aimed at providing inter-facility and out-of-county post-hospital transports only. In order to accomplish this goal, the Board would have to direct staff to modify County Ordinance 81-75 to allow for specific provisions. This solution meets the County goal of providing a practice that" ;~1 be consistent for current as well as future hospitals. It will also allow the County t! a to either remove Medic 80 from the system or use the existing unit to meet seasonal and future demand levels of service. NCH has committed to have ambulances up and running by April 30, 2004. Services Rendered: While the solutions moving forward are much better than current practice, the Board previously ratified the agreement set forth by the County Manager which bills the hospital for services provided to date. As part of this settlement, NCH has agreed to pay a rate comparable to a Medicare rate ($154,510.27) for these services instead of the rate established by Resolution ($217,391.65). This settlement, if accepted, will help prevent a potential lawsuit relating to whether there was actually an a~eement _ in place. No. I ~l~.~l _ DEc., 16 2003 FISCAL IMPACT: The cost to provide inter-facility transport services is $250,000. The cost to provide out-of-county transport service to the hospital as the payer of last resort is $6.50 per mile. The amount to date (as of this summary) for services already rendered under the ratified agreement is estimated at $217,391.65. Should the Board agree to the proposed settlement, the County would receive $154,51027 GROWTH MANAGEMENT IMPACT: Growth units for EMS are based upon population derived from response times. 'lhe loss of a unit to out-of-county transports impacts response times and will accelerate the need for additional units. RECOMMENDATION: Recommendation that the Board of County Commissioners approve the attached settlement agreement and the County Attorney to modify Ordinance 81-75 to provide for limited licenses as set forth in this executive summary. SUBMITTED BY' APPROVED BY: J/e~Page, EMS Director 1~'~_ blic Services Date: ,:~te: Agenda item .o. DEC 1 6 200t Pg ..... ~ NCH HEALTHCARE SYSTEM TRANSPORTATION SERVICE AGREEMENT FOR DEDICATED AMBULANCE AND OTHER TRANSPORT SERVICES THIS AGREEMENT is made and entered into this day of ,2003, by and between COLLIER COUNTY, a political subdivision of the State of Florida, hereinafter referred to as (COUNTY) and NCH HEALTHCARE SYSTEM, INC., hereinafter referred to as "NCH", effective _, 2003, (hereinafter referred to as the "Effective Date"). RECITALS: WHEREAS, NCH desires to obtain professional health care transportation services for the transfer of patients from NCH facilities by entering into an Agreement with the COUNTY; and WHEREAS, the COUNTY desires to provide such services and has the necessary equipment, training, expertise, professional certifications and licenses to do so; and WHEREAS, the Agreement results in a benefit to the COUNTY, by reducing response times for transports and providing funding for the etnployment of three [3] additional EMS employees; and WHEREAS, the County is willing t,, .rovide one dedicated ambulance under the conditions as set forth herein; and NOW, THEREFORE, in consideration of the foregoing recitals, mutual covenants and promises, and provisions set forth herein and for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: WITNESSETH: ARTICLE I RESPONSIBILITIES OF COUNTY 1.1 Provision of Services. COUNTY agrees to provide NCH with ambulance transport services pursuant to the terms and conditions set forth in this Agreement. The COUNTY shall provide one [1] ambulance [hereinafter referred to as the "Dedicated Ambulance"] pursuant to this Agreement, staffed with one [1] COU2qTY Certified Paramedic [hereinafter referred to as the "Dedicated Paramedic"] to exclusively service the needs of NCH as follows: 1.1.1. The Dedicated Ambulance shall service the needs of the North Collier and Naples Community Hospitals [hereinafter referred to as the "NCtt Facilities"] by providing patient transports Twenty Four [24] hours a day, seven [7] days a week, three hundred and sixty five [365] days a year. Agen da/.It~ il 1.2 1.3 1.4 1.5 1.6 1.7 1.1.2. The COUNTY EMS Department will license and equip this vehicle as an Advanced Life Support transport unit under the Board of County Commissioner's authority pursuant to Chapter 401, Fla. Stat. And Subtitle 64E-2, Fla. Admin. Code. 1.1.3. 1.1.4. The Dedicated Paramedic shall be stationed out of a facility provided by NCH, logistically appropriate and agreed to by Collier County and will work in conjunction with NCH personnel to transport patients between NCH Facilities twenty-four [24] hours a day, seven [7] days a xveek, three hundred and sixty five [365] days a year. The COUNTY shall be responsible for all routine maintenance and repairs to the Dedicated Ambulance, and it shall remain the property of Collier County. Timeliness of Services. COUNTY shall provide all health care transportation services on a timely basis, determined as follows: 1.2.1. The Dedicated Ambulance shall be scheduled and dispatched by designated NCH personnel. The dedicated Ambulance shall not provide services for any facility or patient except as provided in paragraph 1.1.1 and 2.5. Disaster Scl-vices. In the event of a major disaster requiring the evacuation of NCH's facilities, COUNTY shall, subject to equipment and manpower availability, utilize its resources to provide NCH support and patient transportation based upon the current COUNTY ambulance user fee billing ordinance at time of service. Confidentiality. COUNTY shall maintain confidentiality of client information acquired in the course of providing services, and shall not release such information without prior written authorization from a representative of NCH or otherwise in accordance with any applicable law, role or regulation. Certifications and Licenses. The COUNTY's EMS Department, in coordination with NCH, shall be responsible for verifying that the Paramedic/EMT's employed by NCH, and assigned to the Dedicated Ambulance, meet all requirements for certifications and licensure as required by Florida Statutes. Client Notification. COUNTY shall keep NCH informed of its policies, procedures and activities relevant to COUNTY's obligations under this Agreement, and shall meet with representatives of NCH on a regular basis to review procedures, policies, quality and timeliness of services. Insurance. COUNTY shall maintain, at its own expense, professional liability insurance in amounts equal to at least One Million Dollars [$I,000,000.00] for each claim and Three Million Dollars [$3,000,000.00] annual in the aggregate. COUNTY shall maintain, at its own expense, comprehensive general liability insurance in amounts equal to at least One Million Dollars [$1,000,000.00] for each claim and Three Million Dollars [$3,000,000.00] annual in the aggregate. COUNTY agrees to furnish Hospital with satisfactory evidence of such insurance upon request. COUNTY shall immediately advise NCH of any termination of such insurance or any reduction in the amount of such insurance. Agenda DEC 1 Iii 2003 1.8 1.9 1.10 Billing. For all services provided by the Dedicated Ambulance, NCH shall pay the COUNTY the total sum of Two Hundred Fifty Thousand dollars [$250,618.00] during the term of this agreement. This sum will be paid in twelve [12] equal monthly payments of Twenty Thousand Eight Hundred Eighty-Four dollars and Eighty-Three cents [$20,884.83] with the first payment being due on ,2003. COUNTY shall not bill Medicare, Medicaid, third party payors, or the patient for any charges for transports provided by the Dedicated Ambulance pursuant to paragraph 1.1 above. Out of County Transports. For out of county transports provided by the Dedicated Ambulance pursuant to paragraph 1.1 above. The COUNTY will bill the patient the rate established by Resolution per mile. After 90 days NCH will be billed at the rate of [$6.50] per mile. Should NCH have a need for a patient to be transported to an out of county facility that requires medical intervention outside the scope described under paragraph 1.1 above, NCH agrees to first attempt to utilize an ALS or BLS licensed provider from outside Collier County. In the event that NCH has to request the COUNTY to provide this type of transport, the COUNTY shall, subject to equipment, manpower, availability and its sole discretion, utilize its resources to provide NCH support and patient transport. County shall invoice NCH for all out of county transports from NCH facilities that remain uncompensated after a period of ninety (90) days. USE OF OTHER VEHICLES OTHER THAN THE DEDICATED AMBULANCE. NCH shall pay the COUNTY for all ambulance services provided by the COUNTY to NCH for 1.11 1.12 1.13 1.14 transfers from Marco Island Urgent Care Center and additional inter-facility transfers between its facilities requested by NCH using a vehicle other than the dedicated ambulance. Such services shall be outside the scope of services provided under paragraph 1.1 above. County shall invoice NCH for all out of county transports from NCH facilities that remain uncompensated after a period of ninety (90) days from the date the County sought payment from Medicare, Medicaid, third party payors, or the patient. For all patients for which the NCH Facilities are responsible for payment, COUNTY shall invoice NCH on a monthly basis, each invoice reflecting the total amount due for the previous month's service. Invoices will also delineate the type of service provided; points of pick-up and discharge; date and time service was requested, pick-up time; distance of transport; added charges, if any; and NCH's authorization or reference number for each transport, if available. These rates shall be based upon the current COUNTY ambulance user fee-billing ordinance at time of service. Availability of Records. COUNTY shall make any and all records related to this Agreement available for inspection and/or audit upon request by NCH. Equipment Records. COUNTY shall document the receipt of any NCH equipment necessary for the convenient transfer of patients, assume custody for such during the transfer, and return such to the appropriate department as soon as practicable after the transfer. Patient Valuables. COUNTY shall document the receipt of patient valuables, assure custody for such upon receipt, and deliver such to a responsible party at the receiving facility. 1.15 1.15 2.1 2.2 2.3 2.4 2.5 2.6 Documentation Records. COUNTY shall retain all records pertaining to this Agreement for a period of four [4] years after furnishing services as described herein. Upon request, the COUNTY shall provide to the Secretary of Health and Human Services or the Comptroller General or any of their duly authorized representatives, the Copies of the Agreement, books, documents, and records necessary to certiI}' the nature, extent, and cost of any provided service. 1.15.1 Any provision of this Agreement performed under a sub contractual agreement valued at Ten Thousand Dollars [$10,000.00] or more over a 12-month period shall also be retained for a period of four [4] years following receipt of services, and COUNTY shall afford the Secretary of Health and Human Services or the Comptroller General access to the sub contractual agreement, as well as to the subcontractor's books, documents and records necessary to verify the nature, extent and costs of the subcontract. Patient's Right For Ambulance Service. COUNTY does not discriminate in the provision covered medical services hereunder, whether on the basis of a person's age, sex, marital status, sexual orientation, race, color, religion, ancestry, national origin, disability, handicap, health status, or other unla~vful basis including, without limitation, the filing by a person of any complaint, grievance or legal action against NCH? COUN'FY or a payor. ARTICLE II NCH RESPONSIBILITIES Agreement to Meet. NCH agrees to meet with representatives of COUN-_' on a regular basis, at mutually acceptable times, to review policies, procedures, and quality issues. Timeliness of Payment. When acting in the capacity of guarantor of payment or when directly responsible, NCH shall reimburse CO[rNTY within thirty [30] days from date of receipt of invoice. NCH will have at all times at least one Paramedic/EMT assigned to the Dedicated Ambulance who will meet all requirements for ccrtification and licensure as required by Florida Law. Exclusive Pro..,;~or_. NCH agrees to utilize COUNTY as the exclusive ALS or BLS licensed provider for a ical transportation ser¥ices that are to be provided between NCH Facilities requiring medical intervention when an actual representative of NCH requests these services within Collier County. Disaster Services. In the event ora major disaster requiring the need for additional EMS transport units, NCH will allow the COUNTY, upon a request by the COUNTY to utilize the supplied Dedicated Ambulance as a resource to provide EMS departmental support and patient transportation. NCH will provide the location for housing the Dedicated Ambulance and in the event material damage has been done to the vehicle, notify COUNTY immediately, but in no event later than three [3] hours after becoming aware of any incident. =Agenda I t~,,n, DEC 1,6 2003 , 2.7 2.8 2.9 Insurance: NCH shall maintain at its own expense, professional liability insurance in amounts equal to at least One Million Dollars [$1,000,000.00] for each claim and Three Million Dollars [$3,000,000.00] annual in the aggregate. NCH shall maintain, at its own expense, comprehensive general liability insurance in amounts equal to at least One Million Dollars [$1,000,000.00] for each claim and Three Million Dollars [$3,000,000.00] annual in the aggregate. NCH agrees to furnish COUNTY with satisfactory evidence of such insurance upon request and name COUNTY as an additional insured on the Certificate of Insurance. NCH shall immediately advise COUNTY of any termination of such insurance or any reduction in the amount of such insurance. NCH Paramedics and/or EMTs assigned to this unit will meet the same requirements and perform under the same medical protocol, standard operating procedures, quality assurance program, general orders and chain of command as employees of the COUNTY EMS Department. Linen Exchange. NCH agrees to provide COUNTY linen exchange services. For all services provided, COUNTY shall pay NCH the total sum of [$ ] during the term of this agreement. This sum will be credited to NCH's account in twelve [12] equal monthly payments of [$ ] with the first payment being due on ., 2003. ARTICLE III TERM AND TERMINATION 3.2 Term. The term of this Agreement shall commence on the date the COUNTY executes the Agreement and shall continue for a period of one [11 year. This Agreement may be extended for successive one [1] year terms upon the mutual assent of both NCH and COUNTY. NCH and COUNTY shall annually review the COUNTY's personnel costs, operational and the capital recovery costs associated ~vith providing these services tbr adjustments within Sixty [60] days of the Agreement anniversary date. Termination. Either party by giving the other party Thirty [30] day's advance xvritten notice, may terminate this Agreement, without cause, at any time. ARTICLE IV OTHER PROVISIONS 4.1 4.2 Compliance with Applicable Laws, Rules, and Regulations. All services furnished by COUNTY and NCH shall be rendered in full compliance with all applicable Federal, State and local laws, rules, and regulations. It shall be COUNTY's sole responsibility to determine which laws, rules, and regulations apply to the services it renders under this Agreement. NCH shall be responsible for complying with all laws, rules and regulations pertaining to any service it renders under this Agreement. Third Party Billing Information. NCH and COUNTY will use their best efforts to assist each other in obtaining patient and/or third party billing information. Each party shall cooperate with the other party in providing this information. IAgendq' It~2~t DEC 1 IS 2003 j5 4.3 4.4 5.1 5.2 5.3 5.4 5.5 COUNTY's Responsibility for Claims: COUNTY hereby agrees, and without waiver of its sovereign immunity limits, to the extent permissible, pursuant to Florida Statutes, Section 768.28 and other applicable Florida Law, indemnify and hold harmless NCH and to be responsible for the negligent acts of it's employees for damages, losses, liabilities fines, penalties, costs and expenses, [including, reasonable attorneys fees] with respect to or arising out of any demand, claim, investigation or action of any kind or nature resulting from personal injury to any person, or the damage to any property, arising or alleged to have arisen out of any of the COUNTY's negligent acts or omissions related to the performance of this Agreement. Indemnification by NCH: NCH hmeby agrees to indemnify and hold harmless, COUNTY, its Commissioners, their officers, directors, and employees for, from and against all damages, losses, liabilities [absolute and contingent], fines, penalties, costs and expenses [including, without limitation, reasonable attorneys fees, costs or expenses incurred in the investigation, defense or settlement of any claim covered by this indemnity] with respect to or arising out of any demand, claim, investigation or action of any kind or nature resulting from the personal injury to any person [including death], or the damage to any property, arising or alleged to have arisen out of any act or omission of NCH, its officers, directors, employees or agents, related to the performance of this Agreement. ARTICLE V MISCELLANEOUS PROVISIONS Independent Contractor. It is understood and agreed that the personnel of COUNTY and NCH shall not be considered agents or employees of the other and shall not be under the supervision, management, direction or control of the other in the performance of their duties, except as identified under paragraph 1.1 above, and except as may be required by Florida Department of Health Services rules and regulations, if applicable. The employees of each party are not entitled to any of the benefits that the other party provides for its employees. Governing Law. This Agreement shall be subject to and governed according to the laws of the State of Florida. Binding Effect. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto, their respective successors, assigns or other legal representatives. Assignment. No right or obligation hereunder may in any way whatsoever be assigned or delegated to a third party without the express prior written consent of the other party hereto, and any attempted assignment without such consent shall be considered null and void. Notwithstanding the above, this Agreement, or any or all of the services required herein, may be assigned, or subcontracted to any of COUNTY's affiliates. Le.eal Fees. In the event either party brings any action for any reliet; declaratory or otherwise, arising out of this Agreement, or on account of any breach or default hereof, the prevailing party shall be entitled to receive from the other party, reasonable attorneys' fees, costs, and expenses related to such action. 5.6 5.7 5.8 5.9 5.10 Severability. If any portion or portions of this Agreement shall be for any reason invalid or unenforceable, the remaining portion[s] shall be valid and enforceable and carried into effect unless to do so would clearly violate the present legal and valid intention of the parties hereto. Notices. Any notice required or permitted to be given pursuant to any provisions of this Agreement shall be given in writing, and either delivered in person, by electronic transmission, deposited in the United States mail, postage pre-paid, registered or certified mail, return receipt requested, properly addressed, or by a nationally recognized overnight courier service, to the following addresses: Collier County Government Center 3301 E. Tamiami Trail Naples, Fl. 34112 Attn.: Leo Ochs, Assistant County Manager NCH Healthcare Systems 350 Seventh Street North Naples, Fl. 34102 Attn.: James A. Warnken Either party with proper notice as listed above can change the notification addresses listed above. Entire Agreement. This Agreement constitutes the entire agreement and understanding between the parties with respect to the subject matter hereof and supersedes any previous agreement or understanding, whether oral or otherwise. No modification of this Agreement shall be valid unless in writing and signed by each of the parties hereto. Counterparts. This Agreement may be executed in several counterparts, each of which shall be an original, but-all of which shall constitute one and the same instrument. Reports. COUNTY agrees to provide NCH a monthly report of the services provided to NCH under the terms of this Agreement. The report shall detail at least the tbllo~ving information: Date and time service was requested · Time provider arrived at the scene Identity of the agency providing the service · Identity of specific provider representatives providing services NCH agrees to provide COUNTY with a monthly report of the requests for services made to the COUNTY, including: · Date and time of request and identity of person making request. · Nature of services requested and services rendered. · Identity of persons responding to request. · Date and time of response to request. 5.11 Dispute Resolution. If a dispute arises among the parties in connection with this Agreement, or any instruments delivered in connection herewith, including without limitation an alleged breach of any representation, warranty or covenant herein or therein, or a disagreement regarding the interpretation of any provision hereof or thereof [the "Dispute"], the parties agree to use the following procedure in good faith prior to any party pursuing other available judicial or non- judicial remedies: a. Collier County Alternative Dispute Resolution Procedure xvhich is attached as Exhibit IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their authorized representatives on the day and year first above written. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA Deputy Clerk By: Tom Henning, Chairman Approved as to form and legal Sufficiency: Jacqueline Hubbard-Robinson Assistant County Attorney NCH HEALTHCARE SYSTEM. Inc. By: James A. Warnken Approved as to form and legal Sufficiency: Burt L. Saunders, Esq. Attorney for the Naples Community Hospital Agend} ite~- DEC 1 6 2003 EXHIBIT "A" COLLIER COUNTY ALTERNATIVE DISPUTE RESOLUTION PROCEDURES BETWEEN COLLIER COUNTY AND NCH HEALTHCARE SYSTEM, INC. [NCH] INTRODUCTION: Florida law provides that written arbitration agreements are valid, irrevocable and enforceable. Unless otherwise provided for herein, the provisions of Florida Statutes, Chapter 682.01 et seq. shall be controlling. These provisions provide a mechanism to resolve claims or disputes that could potentially lead to litigation in contract disputes. The object is to attempt to settle claims by mutual agreement or to make a good faith effort to settle claims and disputes prior to litigation in court. The methods involve binding arbitration and pre-suit mediation. Arbitration is a quasi-judicial approach in which a dispute is resolved by a tier of fact after presentations by opposing parties. Its purpose is the speedy and economical resolution or'disputes. Arbitration is traditionally a less formal process than court litigation. Mediation is a method used to settle disputes using an impartial person who listens to presentation by both sides and facilitates settlement negotiations between the parties. Collier County will utilize the Twentieth Judicial Circuit Court Mediation and Arbitration Program, [hereinafter "Court Program"], to facilitate these procedures. DEFINITIONS: 2.1 Claim: A demand by a party to a contract for an equitable resolution of a legal claim for damages under the contract. A claim should cover all unresolved disputes existing at the time of presentation to arbitration or mediation. 2.2 Evidence: Oral. testimony, ~vritten or printed material or other things presented to the arbitrator[s] or mediator[s] as proof of the existence or nonexistence of a pertinent fact. JURISDICTION: 3.1 A claim that does not exceed $250,000.00, excluding interest claimed, shall be submitted to binding arbitration. The parties may, by mutual consent, agree to a one-person or single arbitrator panel. Aggregate claims may total more than $250,000.00 for binding arbitration, but no single claim may exceed that amount. 3.2 A claim in excess of $250,000.00 brought pursuant to a contract with the county shall be submitted to mediation or binding arbitration if voluntarily agreed to by all parties. All claims less than $250,000.00 and all non-monetary claims brought pursuant to a contract ~vith the county must be submitted to binding arbitration. 3.3 Prior to the institution of any litigation in a circuit court against Collier County, this Dispute Resolution process must be initiated. 3.4 Once the dispute resolution procedure has been initiated, a court of law may not consider the issues involved in the claim(s) until the dispute resolution process has been completed. 3.5 The claim must be a dispute between the County and NCH. 3.6 The claim must be related to issues in dispute, whiCh have been previously submitted in good faith to the County pursuant to this procedure and could not be resolved by negotiation. 3.8 Pendency of a claim or arbitration or mediation of a dispute shall not be a basis for delay of the party's performance under the contract. 4.1 INITIATING DISPUTE RESOLUTION PROCEDURE: .cfi.2 Either party shall initiate a request for mediation or arbitration within thirty (30) calendar days after a denial of the claim after negotiation by County staff or no later than forty-five (45) calendar days after knowledge of' a claim by claimant. In any event, no claim shall be made after the date when institution of` lezal or equitable proceedings based on such claims would be barred by the applicable statute (~f limitations. Upon request, the County xvill make available to any party wishing to initiate arbitration or mediation, a procedural package containing the necessary forms. The forms shall include a Notice of Claim, a Request for Ne=ot~at~on, a Request for Arbitration and a Request for Mediation. The County's Purchasing Department shall have these forms available and they will be included in the County's bid package. 4.3 Either party to the contract may initiate arbitration or mediation of a claim by submitting a Request for Arbitration or a Request for Mediation Claim Form to the Purchasing Department. The initiating party must indicate on the form whether or not they will be represented by counsel during the hearing and may indicate a desire to resolve the claim based solely on a submittal of documents by the parties with no hearing. 4.4 The Clai shall be accompanied by: a. A brief summary of the nature of the dispute involved in each part of the claim. b. The amount of compensation being requested for each part of the claim along with supporting information. Copies of additional xvritten information, not previously submitted under Section 3 including exhibits, intended to be used during the hearing to support the claim, excluding the contract documents. It is suggested that information be assembled in a tabbed notebook for ease of reference. N DEC 1 o 5.1 5.2 d. Contract Time analysis if a Release of Liquidated Damages is included in the claim. e. No new or different claim, other than a change in the amount claimed, will be allowed once the time and date for the hearing has been set. f. If the arbitration panel or mediator determines that information known to a person not in attendance at the hearing or the mediation is essential to arriving at its decision or for the fair exercise of the mediation process, he or she may obtain a written affidavit from that person and enter such statement into the record. ADMINISTRATION OF ARBITRATION: The respondent shall prepare a rebuttal to the claim and furnish a copy to the party requesting arbitration and to each of the members of the panel so that it is received at least fourteen (14) calendar days prior to the date scheduled for the hearing. The County shall set a time and date for an arbitration hearing within 21 calendar days after receipt of the Request. In scheduling the time allotted for a hearing for complex claims, consideration will be given to the need for the greater amount of testimony or other information required in order fbr the arbitrators to gain a complete understanding of the issues, and if a party requests additional time, the arbitrators selected may continue the matter in 7-calendar day increments. A request for a continuance must be submitted to the arbitrators no later than 48-hours prior to the commencement of the hearing. Once arbitration has begun, it may only be continued in 24 - hour increments. 5.3 The parties are expected to cooperate fully with each other in exchanging information prior to the hearing. In general, it is expected that the parties will have exchanged all documents relating to the claim during negotiations between them prior to arbitration being initiated. In any event, a full exchange of documents shall be completed no later than seven (7) calendar days prior to the date set for the hearing. Generally, introduction of documents will not be allowed during the hearing which have not been previously been revealed to the other party. 5.4 Depositions and interrogatories will not be allowed except upon an order from the arbitrators to take sworn testimony of an unavailable witness. INVOLVEMENT OF ATTORNEYS 1N AN ARBITRATION HEARING: Counsel or another person who has sufficient authority to bind that party at any hearing may represent a party. A court reporter will be present, unless waived by both parties. a. The hearing will be informal and involvement of attorneys, if desired, is expected to be minimal. The parties shall have full opportunity to offer such evidence as is relevant and material to the dispute. I~cJe. d& Ite~.~ D E C 1 6 2003 ii ] Unnecessary extensive examination or cross-examination or extensive argument of legal points by attorneys representing the parties will not be permitted. The arbitrators may limit examination and argument as they deem appropriate. CONDUCT OF EVIDENTIARY HEARING IN ARBITRATION: 7.1 The County or court reporter if present shall administer an oath to all persons who are to testify during the hearing. 7.2 Documents will be accepted and identified for the record. 7.3 Distinct and severable parts ora claim may be dealt with separately. 7.4 7.5 7.6 7.7 7.8 The order of proceeding will be for the party initiating arbitration to first present evidence to support their claim. At the beginning of their initial presentation, a party shall present a succinct statement of the issues and a position on each issue. Orderly discussion between the parties as evidence is presented will be allowed. Reasonable attempts will be made to assure that all relevant evidence necessary to an understanding of the disputed issues and of value in resolving the claim is heard and that each party has the opportunity to adequately rebut all arguments and evidence submitted. The arbitration panel will be the sole judge of the relevance and materiality of evidence off ed. Conformance to legal rules of evidence shall not be necessaxT. Members of the arbitration panel may ask questions of the parties for the purpose of clarification. If substantial new information is submitted during a hearing, xvhich the arbitration panel deems places the other party at a severe disadvantage because of inability to develop an adequate rebuttal, the panel may elect to extend the hearing to a later date as previously set forth herein. a. A stenographic record of any hearings by a Certified Court Reporter or any previously recorded testimony or document prepared under oath, such as an affidavit is admissible. b. Each party shall bear an equal share of the cost of the arbitration panel. c. Each party shall pay its own costs and attorney fees. All arbitration shall be concluded within one-half (1/2) day and all mediation shall be conducted within one (1) day unless continued pursuant to the provisions of Section 5.2 herein. ADMINISTRATION OF MEDIATION: i A~end~ Item ,o../z.' DEC ! 6 2003 Pg · ~______ 8.1 The respondent shall prepare a mediation summary regarding the claim and furnish a copy to the party requesting mediation and to the mediator so that it is received at least fourteen (14) calendar days prior to the date scheduled for the mediation. 8.2 The County shall set a time and date for the mediation within 21 calendar days after receipt of the Request. In scheduling the time allotted for complex claims, consideration will be given to the need for a greater amount of information required in order for the mediator to gain a complete understanding of the issues, and if a party requests additional time, the mediator selected may continue the matter in 7-calendar day increments. A request for a continuance must be submitted to the mediator no later than 48-hours prior to the commencement of the mediation. Once mediation has begun, it may only be continued in 24 - hour increments. 8.3 The parties are expected to cooperate fully with each other in exchanging information. In general, it is expected that the parties will have exchanged all documents relating to the claim during negotiations between them prior to mediation. In any event, full exchange of documents shall be completed no later than seven (7) calendar days prior to the date set for the mediation. 8.4 Each party shall bear an equal share of the cost of the mediator. 8.5 Each party shall pay its own costs and attorney fees. 8.6 All mediation shall be conducted within one (1) day unless continued pursuant to the provisions of Section 5.2 herein. 8.7 If a party fails to appear at a duly noticed mediation without good cause it shall bear the costs of the mediator, attorneys' fees and other costs. The County or any other public entity required to conduct its business pursuant to Florida Statutes, chapter 286, that party shall be deemed to appear at a mediation conference by the physical presence of a representative with authority to negotiate on behalf of the entity and Io recommend settlement to the appropriate decision-making body of the entity. 8.8 A party is deemed to appear if the party or its representative having full authority to settle without further consultation, the party's counsel or a representative of the insurance carrier who has full authority to settle up to the amount of the claimant's last demand or policy limits, whichever is less, without further consultation. 8.9 The mediator shall at all times be in control of the mediation and the procedures to be followed in the mediation. 8.10 Counsel shall be permitted to communicate privately with their clients. In the discretion of the mediator, mediation may proceed in the absence of counsel. 8.11 The mediator may meet and consult privately with any party or parties or their counsel, if any. 8.12 If a partial or final agreement is reached, it shall be reduced to writing and signed by the parties and their counsel, if any. 8.13 If the parties do not reach an agreement as to any matter as a result of mediation, the mediator shall prepare and distribute to each party a report indicating the lack of an agreement without comment or recommendation. With the consent of the parties, the mediator's report may also identify the outstanding legal issues or other action by any party that, if resolved or completed, would facilitate the possibility of a settlement. COMPENSATION OF THE ARBITRATION PANEL OR MEDIATOR: Arbitrators and Mediators shall be paid at the rate of $150.00 an hour, or the current rate for the Court program. An additional fee of 25% shall be payable to the Court Program for administration of any arbitration, but shall not be assessed for a mediation. The parties shall equally share all costs and shall remit all charges to the Court Program upon the conclusion of the ADR Process. MEMBERSHIP: 10.1 The Arbitration Panel will consist of one member selected by the County and one member selected by NCH, unless the parties agree to utilize the Court Program's arbitrators. The Court Program will select the third member of any panel and the third member will act as Chairman for all panel activities. Any single bitrator will be selected through the Court Program. 10.2 All mediators and the Chair of any arbitration panel shall appear on the Court Program's list of persons approved to serve as mediators and arbitrators. 10.3 It is desirable that all arbitration panel members have experience with the .type of contract involved in this project. 10.4 It is imperative that mediators and arbitration panel members show no partiality to either NCH or the County, nor have any conflict of interest. 10.5 The criteria and limitations for mediators and arbitration panel membership is as follows: The person[s] selected will not have any direct or indirect ownership or financial interest in NCH in any subcontractor or supplier of the project, nor in other panel members. Each panel member shall provide a statement of no known conflict. b. No arbitrator or mediator shall have had any prior involvement in the project of a nature that could be construed to compromise his/her ability to impartially resolve disputes. c. No arbitrator or mediator will be employed by NCH or by any subcontractor or supplier of the project during the life of the Contract, except as a panel member or mediator. No. /C DEC 1 6 2003 11. d. The Florida Rules of Court Rules 10.200 et seq., Part II of the Rules for Mediators and Part II of the Rules for Court Appointed Arbitrators shall apply, except Rule 11.110 and Rules 10.870 through 10.900. e. Rules 1.720(c), (d), and (e) of the Florida Rules of Civil Procedure governing mediation are incorporated herein. MISCELLANEOUS PROVISIONS: a. Arbitrators and mediators shall be agents and employees of the County for purposes of tort immunity resulting from any actions taken while conducting the hearing[s] or the mediation as long as these procedures are followed. Such status shall not create a conflict of interest. Prepared and Approved as to form and legal sufficiency: Jacqueline Hubbard Robinson Assistant County Attorney TIME CHART FOR ADR: Within the Following Time Periods Following the Notice of Claim or the Date of the Occurrence Underlying the Claim, Whichever is First, the Following Matters Must Occur, [All days are Calendar Days]: Agenda Item No. DEC 1 § 200315 P,:J. ,/7 Up to 14 days after occurrence or Notice of Claim, [whichever is first]: The matter must be negotiated xvith County Staff. Within 7 days of receipt of Notice of Claim: Staff shall prepare a written rebuttal. Within 15 Days of Notice of Claim' Negotiation of dispute with County staff must be completed. Within 30 Days after Negotiations with County Staff ends or Within 45 days of the date of the occurrence: a Request for Arbitration or Mediation Must be Filed. After a Request for Arbitration or Mediation is Filed: Within 21 days: The Mediation or Arbitration shall be set including the names of the participants and all relevant claim documents forwarded to the Mediator or Arbitrators. No Later Than 14 days prior to date of Nlediation: A written rebuttal to any claim must be served on opposing party and Mediator or Arbitrators. No Later Than 48 Hours Prior to the date of the Mediation or Arbitration: Any request for a continuance must be filed with the Arbitr:~tors or Mediator with a copy to County Staff. Once Mediation or Arbitration begins it may be continued for only 24 hours at a time with the consent of the Arbitrators or Mediator. Within 14 days of conclusion of Arbitration or Mediation: Written decision must be issued indicating that a certain conclusion has been reached or an impasse entitling claimant to proceed to court litigation. Both parties must undertake all ADR proceedings in good faith. H/Jackie/Dispute Resolution Pro,'edure Agen d.~ -I' tehi .... ,o. DEC J5 200] 16 EXECUTIVE SUMMARY APPROVE A TOURIST DEVELOPMENT TAX CATEGORY "A" FUNDING POLICY FOR BEACH RENOURISHMENT AND BEACH PARK FACILITIES OBJECTIVE: To preserve, protect and enhance the coastal beaches and associated beach park facilities throughout Collier County. CONSIDERATIONS: At the October 14, 2003 County Commission meeting, the Board directed staff to propose a policy that governs the expenditure of Tourist Development Tax revenues for Category "A" beach renourishment and beach park facilities projects. The goal of this proposed policy, attached as Exhibit A., is to maintain and enhance the shoreline beaches and provide visitors and residents convenient public beach access and quality beach amenities. The BCC deferred action on this policy until it could be reviewed by the Tourist Development Council (TDC) at their Joint Work Session on December 9. The proposed policy dedicates portions of Category "A" TDC funds to the specific program areas outlined below: a. Catastrophe reserves shall be accumulated in the budget with $1M in 2004 plus $0.5M per year thereafter up to a maximum of $10M . In the event of a catastrophe requiting the expenditure of all or part of these reserves, $0.5M will continue to be set aside. b. Annual monitoring and other permit compliance requirements. Beginning with FY 2005, these costs shall be cost-shared (if applicable) with TDC Category "A" funds at the same percentage as the project. c. Major renourishment reserves shall be accumulated in the budget with $2M per year after the completion of the major renourishment project currently in planning and permitting (as of November 2003; projected to start setting aside funds in FY 2006). d. Beach park facilities (including beach access property acquisition) shall be funded at an average of $2M per year. This funding allocation shall be adjusted annually in an amount equal to the percentage change in TDC Category "A" revenues. The proposed policy, attached as Exhibit A, incorporates elements from individual beach renourishment policy proposals previously prepared and submitted to the Board by County staff and the Coastal Advisory Committee. FISCAL IMPACT: The anticipated revenue for Tourist Development Tax Category "A" in fiscal year 2004 is $5.6 Million. The fiscal year 2004 budget, including reserves, is $19.1 million. GROWTH MANAGEMENT IMPACT: The Growth Management Plan Conservation and Coastal Management Element, Section 10.2 states "The County shall continue to ensure that access to beaches, shores, and waterways remain available to the public and continue with its pro,am to expand the availability of such access and a method to fund its acquisition." That section further states, "Evaluate appropriate public access intervals for renourished beaches considering the demand for recreation and the ability of the natural system to support the demand. If existing access is not sufficient, then the County shall acquire additional access points as a part of the rcnourishment project." RECOMMENDATION: At the Joint Work Session 'f the BCC and the Tourist Development Council on December 9, the attached Tourist Development Tax Category "A" Funding Policy (Exhibit A) was reviewed and was recommended for approval by the BCC on December 16 with support from the City of Naples and the City of Marco Island. Staff requests approval by the BCC of the attached policy. JAC.~ WERT, TOURISM DIRECTOR DATE APPRO~KD BY: JA~ES V. MUDD, P.E. COUNTY MANAGER DATE TOURIST DEVELOPMENT CATEGORY "A" FUNDING POLICY 1. Use of TDC Category "A "fimds. Category "A" Tourist Development Tax Funds shall be used for beach renourishment, beach maintenance, and beach park facilities including beach access acquisition. 2. Source of other_funds. Federal or State funds are desirable and should be diligently pursued. 3. Mandatory annual budget allocation of funds and maintenance of reserves. a. Catastrophe reserves shall be accumulated in the budget with $1M in 2004 plus $0.5M per year thereafter, up to a maximum of $10M. In the event of a catastrophe requiring the expenditure of all or part of these reserves, $0.5M will continue to be set aside. b. Annual monitoring and other permit compliance requirements. Beginning with FY 2005, these costs shall be cost-shared (if applicable) with TDC Category "A" funds at the same percentage as the project. c. Major renouristunent reserves shall be accumulated in the budget xvith $2M per year after the completion of the major renourishment project currently in planning and permitting (as of November 2003; projected to start setting aside funds in FY 2006). d. Beach park facilities (including beach access property acquisition) shall be funded at an average of $2M per year. This funding allocation shall be adjusted annually in an amount equal to the percentage change in TDC Category "A" revenues. e. Remaining funds may be used for eligible grant applications as outlined in the policy below. 4. Eligibility'. Eligible beach areas qualify for Category "A" funding. has: An "eligible beach area" a. At least one public access point from a public street; and b. Is no more than one-half mile from a beach park facility, public access point, hotel, motel or is a vital tourism area subject to abnormal erosion, provided that if at least 80% of a beach area is classified as eligible, otherwise ineligible gaps will be deemed eligible. 5. Level qfuse. Eligible beach areas are classified according to use. a. "High use" is an eligible beach area within one-half mile of a hotel, motel, designated public parking or public shuttle drop-off point. b. "Low use" is an eligible beach area outside the limits for high use, provided that if at least 80% of a beach area is classified as high use, low use gaps will be deemed high use. DEC 6. Level of service. Eligible beach areas qualify tbr Category "A" funding based on use. a. An eligible low use beach area qualifies for "minimum maintenance," meaning renourishment sufficient to provide minimum shoreline protection tbr a projected period of five years, including maintenance, monitoring and testing on a periodic basis as needed. b. An eligible high use beach area qualifies tbr full renourishment, meaning additional renourishment intended to enhance beach xvidth i-¥r recreational or other public purpose. c. Additional Category "A" funding may be provided for eligible low use beach areas for renourishment in addition to minimum maintenance, provided that at least 60% of the incremental cost is funded by private or other non-County sources. 7. Inlet Sand B3~assing. The bypassing of sand across inlets may be funded by Tourist Development Tax Category "A" funding provided the Inlet Management Plan recommends the bypassing and the sand will be placed on an eligible beach. No TDC Category "A" funding will be approved lbr dredging non-beach compatible material. Permit requirements, such as profile monitoring and beach tilling, will be funded the same way as the bypassing. 8. Shore protection structures and pro~eot V~onsorship. Projects, including construction and maintenance of shore protection structures (groins, jetties, breakwaters, etc.), may be funded by Category "A" funding ~br eligible beaches. }towevcr, 'ownership' responsibilities must rest with an entity other than "Tourist Development Taxes" - i.e. there must be a project sponsor (private interests, taxing districts, municipalities or Countv Departments other than those funded with Tourist Development Taxes). 9. Grant Application Review. The Coastal Advisory' Committee and the Parks and Recreation Advisory Board will prepare and maintain a proposed prioritized annual spending plan for the use of Tourist Development Tax Category "A" funds, with a ten year projection. The proposed plans will be submitted to the Board of County Commissioners (BCC)/'or their consideration and approval, via the TDC. These submissions will coincide with the annual Collier County budget cycle. The Coastal Advisory Committee will review all requests for Tourist Development Tax Category "A" funds, with the exception of County maintained beach park facilities that will be handled by the Park~ and Recreation Advisory Board. Both advisory boards will make recommendations royal, denial or modification to the BCC, via the TDC, consistent with the BCC established pohcy for use of these funds. EXECUTIVE SUMMARY A REQUEST FOR A PERMIT TO CONDUCT A CARNIVAL HOSTED BY THE NAPLES JUNIOR CHAMBER OF COMMERCE. Objective: That the Board of County Commissioners approve a permit to conduct a carnival at Sugden Regional Park. Consideration: The Board has previously approved an agreement with the Naples Junior Chamber of Commerce to host a New Years Eve Event at Sugden Regional Park on December 31,- 2003 between the hours of 5pm to 9pm. The carnival attractions will provide fun for children and families that wish to attend and will contribute to the overall success of event. Growth Management: None Fiscal Impact: None Recommendation: That the Board of County Commissioners approve the carnival permit for the Naples Junior Chamber of Commerce for a New Years Eve Event on December 31 _00.~. Prepared by:~~/2/~ ,~~------'~ Date: ]t~__~/~...~ ~ Mu~do Smith, Beach and Water Superintendent Department of Parks and Recreation R eviewand '~'/~//~2 /~? ~ F~la Ra~sey, ;~i~C~7~ Department of Parks an~~on ~~~ Dunnuck, Ad~n~strator t -'-- Division of ?ublic Services Date: 20O3 EXECUTIVE SUMMARY APPROVE AN INTERIM AGREEMENT BETWEEN SCHENKEL SHULTZ AND COLLIER COUNTY TO ACT AS ARCHITECT FOR THE NAPLES JAIL PROJECT AND RETAIN SERVICES OF TKW CONSULTING ENGINEERS, INC., TLC ENGINEERING FOR ARCHITECT, WALKER PARKING CONSULTANTS AND GOETZ & STOPES LANDSCAPING, RETROACTIVE TO DECEMBER 3, 2003 AFTER DECLARATION OF EMERGENCY. OBJECTIVE: To obtain Board approval of an intedm agreement between Schenkel Shultz and Collier County to act as architect for the Naples Jail Center and retain the services of TKW Consulting Engineers, Inc., TLC Engineering for Architect, Walker Parking Consultants and Goetz & Stopes Landscaping retroactive to December 3, 2003. A copy of the agreement is attached hereto as Exhibit "A". CONSIDERATION: On December 2, 2003 the Board of County Commissioners approved the termination of the contract with AEC National, Inc., declared a valid public emergency and waived the competitive selection process for retention of replacement consultants. A copy of this executive summary is attached hereto as Exhibit "B". Schenkel Shultz Architecture will operate with a fixed term annual architect contract pending presentation to the Board of County Commissioners of the final contract on January 16, 2004. FISCAL IMPACT: It is anticipated that funds will be available from AEC's insurance company to cover the impact to the existing project budget. The amount of these funds will not be determined until the claim is settled. County Attorney's office has filed a notice of claim with AEC's insurance carrier. In the interim, the architect will be working with a work order under the Annual Contract, No. 01-3235. This Work Order will be capped at the amount of $99,650.00. GROWTH MANAGEMENT: There is no impact. RECOMMENDATION: That the Board of County Commissioners: Approve an Interim Agreement Work Order between Schenkel Shultz and Collier County to act as architect for the Naples Jail Center in the amount of $99,650.00 under the Annual Contract for Architectural Services, No. 01-3235; and Retain the services of TKW Consulting Engineers, Inc., TLC Engineering for Architect, Walker Parking Consultants and Goezt & Stopes Landscaping retroactive to December 3, 2003; and Authorize the Chairman of the Board of County Commissioners to waive the Purchasing P°licy $90'000 W°rk Order Thresh°Id' Secti°n VII' C' b' 3' and lj~.~ authorize the Director of Facilities or his duly authorized signatory to execute the Interim Agreement Work Order on behalf of the Board for the Coun No.A...G~?~ ,~,E~ / DEC lli 2003 Prepared by: ,.~acqd~e ne Hubbhrd, Assistant County Attorney Reviewed by: S~; Ca~ Purchasin~Z/;irector Date: Date: Appr,~ved by: Ja/~t;. Crognal~'i C..e'ns:tr"-~Jcdon ~vlanager ~/~'/7acilities Management ~,// H: JHR/Executive Summary/AEC 121103 Date: 2 EXHIBIT COLLIER COUNTY GOVERNMENT ADMINISTRATIVE SERVICES DIVISION PURCHASING DEPARTMENT BUILDING "G" 3301 TAMIAMI TRAIL EAST NAPLES, FL 34112 (239) 774-8407 Fax (239) 732-0844 www.coiliergov, net August 4, 2003 Mr. J. Thomas Chandler Schenkel Shultz, Inc. 2640 Golden Gate Parkway, Ste. 1 I2 Naples, FL 34105 RE: Renewal of Contract # 01-3235; "Annual Contract for Architectural Service~" Dear Mr. Chandler: Collier County has been under Contract with your company for the referenced services for the past two (2) years. The County would like to renew this agreement under the same terms and conditions for one (1) additional year in accordance with the renewal clause in the agreement. If you are agreeable to renewing the referenced contract, please indicate intentions by p.~viding the appropriate information as requested,.,=,,.,v~.~'-' ..... I am agreeable to renewing the present contract for Annual COntract for Architectural Services under the same terms and conditions as the existing contract. your I am not agreeable to renewal of this contract. If you are agreeable to renewing the contract, said renewal will be consummated upon receipt of a County Purchase Order for this renewal period, commencing November 27, 2003 and ending November 26, 2004 ..... AGEND&ITEM NO. ~O DEl:: 1 6 2OO3 ,dr. d'. q-h0mas Chandler Schenkel Shultz, Inc. August 4, 2003 Page 2 of 2 RE: Renewal of Contract # 01-3235; "Annual Contract for Architectural Services" Your prompt attention is urgently requested. Please return this letter to the Purchasing Department, with your response, no later than August 15, 2003. If you have any questions you may contact me at 239/774-8949. This contract has multiple vendors, if all vendors agree to renew, the contract will be renewed with no further notice. If one or more vendors fail to indicate renewal intentions, the service may be place out for bid at the end of this term. Very truly yours, Keisey S. Ward Senior Purchasing & Contracts Agent Acceptance: Name of Firm Contracto r/Vend or Typed Name and Title (Corporate Officer) Date: /bkh C: ,Jack Crognate; Facilities Management Maria Ramsey;' Parks & Recreation Mary CarrolI-Milat, Contract Specialist, Finance Department AGENi~A ITEM NO. I (2 DEC ! 6 2003 Pg. L.~ SCHENKELSHULTZ ARCHITECTURE transmirta[ dtz[e : attention: CO~7lm. lgO..' prc~ect: August 11, 2003 Collier County Government ' Administrative Services Div. Building "G" 3301 Tamiami Trail East Naplies, Florida 34112 Purchasing Department J. Thomas Chandler 0220400 Annual Contract for Architectural Services 1 8/4/03 Renewal of Contract#01-3235; "Annual Contract for Architectural Services". Please find enclosed an excuted cop>, of the same. remarkx : roi' your use as requested .for review and comment for approval other: signed.' J. Thomas Chandler,AL~, President & COO cc: File AGENDA rr£M NO. ~ DEC 1 G 2003 227 W. Trade St. 681 ~ Shawnee Parkway t',; E. Wayne St. 200 E. Robinson St. 9100 Keystone Crossing 8250 College parkway Suite 555 Suite 300 Suite 700 Suite 203 Ft. Wayne, IN 46802 Odando, FL 32801 Indianapolis, IN 46240 Ft. Myers, FL 33919 Suite 2250 Suite 226 Charlotte, NC 28202 Overtand Pad,;, KS 66202 Contract # 01-3235 Annu~J Contract for Architectural Se~ices THIS AGREEMENT is made and entered into this~__~day of L 2001, by and between the Board of County Commissioners for Cot]ier County, Florida, a political subdivision of the State of Florida and (hereinafter referred to as the "OWNER") and Schenkel Shultz an Indiana Corporation, authorized to do business in the State of Florida, whose business address is 2706 Horseshoe Drive South, Suite 225, Naples, FL 34104 (hereinafter referred to as the "CONSULTANT"). WITNESSETH: WHEREAS, the OWNER ~-~ to obtain ~,r,~,~.oi~,.o ~.~.~,~,,.,-, .... ~ ~.~"~'~ of ....... ~ ............................... ~.~s the CONSULTANT concerning work and/or the improvement of areas within the operational jurisdiction of Collier County, such se~ices to be pedormed by the CONSULTANT pursupnt,to this Agreement and with Work Orders to be issued by OWNER subsequent to execution of this Agreement; and in accordance with the conditions that each Work Order shall not exceed $90,000 and that total initial compensation for all Work Orders issued under this Agreement shall not exceed $500,000. WHEREAS, the CONSULTANT has submi~ed a proposal for provision of those se~ices; and _ WHEREAS, the CONSULTANT represents that it has expe~ise in the type of professional se~fces that will be required by the OWNER. NOW, THEREFORE, in consideration of the promises and provisions contained herein, the parties hereto agree as follows: the mutual covenants and AGENDA.,~,TEM NO.. DEC ! 6 2003 ARTICLE ONE CONSULTANT'S RESPONSIBILITY 1.!. CONSULTANT, shall provide to OWNER professional Architectural services, in all phases of any Work Order to which this Agreement applies. 1.2. The Basic Services to be performed by CONSULTANT hereunder are those set forth in this Agreement and Work Orders prepared and issued by the OWNER and executed by the parties hereto subsequent and pursuant to execution of the Agreement. The total compensation to be paid CONSULTANT by the OWNER for all Basic Services is set forth in Article Five and Schedule A, "Consultant's Employee Hourly Rate Schedule", which is attached hereto and incorporated herein. 1.3. The CONSULTANT agrees to obtain and maintain throughout the period of this Agreement all 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 and other governmental agencies responsible for regulating and licensing the professional services to be provided and performed by the CONSULTANT pursuant to this Agreement. 1.4. The CONSULTANT agrees that, when the services to be provided hereunder relate to a professional service which, under Florida Statutes, requires a license: Certificate of autt-ibrization 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 a WOrk Manager in writing, within five (5) calendar days after receiving its Notice to Proceed under an executed Work Order. The Work Manager shall be authorized and responsible to act on behalf of the CONSULTANT with respect to directing, coordinating and administering all aspects of the serv :es-t~,-be..p(¢.ided ..... .... No. DEC 1 and performed under this Agreement and a Work Order. Within five (5) calendar days from the Notice to Proceed issued by the OWNER to the CONSULTANT, the CONSULTANT shall deliver to the OWNER a written statement, executed by the proper officers of the CONSULTANT, acknowledging that the Work Manager under the Work Order shall have full authority to bind and obligate the CONSULTANT on all makers arising out of or relating to such Work Order and this Agreement. The CONSULTANT agrees that the Work Manager shall devote whatever time is required to satisfactorily manage the services to be provided and performed by the CONSULTANT hereunder. The person selected by the CONSULTANT to sprve as the Work Manager shall be subject to the prior approval and .acceptance of the OWNER. 1.6. ~.,ONSULT~T agrees, within '~' '~ ~ -,/ c~,~,,~, days of receipt of a ~,,~e,, request from the OWNER, to promptly remove and replace the Work Manager, or any other personnel employed or retained by the CONSULTANT, or any subconsuttants or subcontractors or any, personnel of any such subconsuttants or subcontractors engaged by the CONSULTANT to provide and perform services or work pursuant to the requirements of this Agreement, whom the OWNER shall request in writing to be removed, which request may be made by the OWNER with or without stating its cause to CONSULTANT. 1.7. The CONSULTANT has represented to the OWNER that it has expertise in the type of professional services that will be performed pursuant to this Agreement. The CONSULTANT agrees that all services to be provided by CONSULTANT pursuant to this Agreement shall be subject to the OWNER's review and approval and shall be in 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. -3- In the event of any conflicts in these AGEND~A(~T£M NO. _ . , _ DEC 113 2003 requirements, the CONSULTANT shall noti~ the OWNER of such conflict and utilize its best professional judgment to advise OWNER regarding resolution of each such conflict. i .8. CONSULTANT agrees not to divulge, furnish or n~ake available to any third person, firm or organization, without OWNER's prior written consent, or unless incident to the proper performance of the CONSULTANT'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 empioyees, agents, subconsultants and subcontractors to comply with the provisions of this paragraph. 1.9. If required pursuant to a Work Order, CONSULTANT agrees to provide to OWNER professional evaluations of the OWN~_R S work budget. The evaluations and Opinions shall be ' delivered to O~II',IER in accordance with the following schedule: (a) The professional evaluations of the OWNER's work budget shall be deiivered with S_r~ ~,~.s the report to be furnished by CONSULTANT as part of the Scope of ~' ~'~'~ . 1.10. Evaluations CONSULTANT'S consultant. of the OWNER'S budget, prepared by the CONSULTANT represent the ,, ~,' ad professional Architectural best judgment as an e,,p,.nenc~ and qualified ARTICLE TWO ADDITIONAL SERVICES OF CONSULTANT Services: If authorized in writing by OWNER, CONSULTANT Shall furnish or obtain from othem Additional Services of the types listed in Article Two herein. These services wile be paid for by OWNER as indicated in Article Five and Schedule A. The following services shall be Additional Basic AGEN~A(~TEM NO. DEE: 1 6 2003 2.1. Preparation of applications and supporting docur':ents '(except those furnished under this Agreement) for private or governmental grants, loans, aiready to be bond issues or advances. 2.2. Services resulting from significant changes in the g~neral 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 previousiy accepted studies, reports, design documents or Contract Documents previously accepted by OWNER when such revisions are required by changes in laws, rules, regulations, ordinances, codes or orders enacted subs'equent to and not reasonably anticipated prior to the pre.paration of such studies, reports or documents, or are due to any other causes beyond CONSULTANT's control. 2.3 Preparation and submission of information to and necessa,~' consultations with the Collier County Transportation Department, Florida Department of Environmental Protection, Florida 'Department of Transportat on. South Florida Water Man, agement District, U.S. Army Corps of Engineers or other appropriate regulatory agencies, in order to obtain necessary permits or approvals for construction of the Project. 2.4 Providing renderings or models for OWNER's use. 2.5. Investigations and studies involving detailed consideration of operations, maintena_nce and overhead expenses; the preparation of feasibility studies, cash flow and economic 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. NO. DEC '2.7. Services during out-of-town travel required c~f CONSULTANT and directed by OWNE~. '~ 's local travel as defined herein. othe? than visits to the Project site or OWN-R - office or 2.8. Assistance in connection with bid protests, rebidding or renegotiating contracts for -- ~ t a~ otherwise provided for herein. construction, materials, equipment or services, e,,.c,.p 2.9. Providing any type of property surveys, aerial photography or related services needed for the transfer of interests in real prope~y 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. 2.10. Preparation provided for herein. of operating, maintenance and staffing manuals, except as otherwise '2.1 1. Preparing to serve or serving as a CONSULTANT or' witness for OWNER in any litigation, or other legal or administrative proceeding, involving the work lexcept for assistance in consultations which are included as part of the Basic Services to be provided harTein). 2.12. Additional services rendered by CONSULTANTS not otherwise provided for in this Agreement or not customarily furnished in Collier County in accordance with generally accepted practice. ARTICLE THREE OWNER'S RESPONSIBILITIES 3.1. The OWNER shall designate in writing a work coordinator to act as OWNER's representative with respect to the services to be rendered under this Agreement and a particular Work Order (hereinafter referred to as the "Work Coordinator"). The Work Coordinator shall have authority -6- AGENDA ITEM DEC 6 20 3 Pg._ \\ . to transmit instructions, receive information, interpret and define OWNER's poticies and decisions with respect to CONSULTANT's services for the work. However, the Work Coordinator is not authorized to issue any verbal or written orders or instructions to the CONSULTANT that would have the effect, or be interpreted to have the effect, of modifying or changing in any way whatever: (a) The scope of services to be provided and performed by the CONSULTANT hereunder: (b) The time the CONSULTANT is obligated to commence and complete all such (o) Sei"V ces: or The amount of compensati.on the OWNER is obligated or committed to pay the CONSULTANT. 3.2. The Work Coordinator shall: (a) Review and make appropriate recommendations on al! requests submitted by the CONSULTANT for payment for services and work provided and performed ' in accordance with this, AgreemenC (b) Provide ali criteria and information requested by CONSULTANT as to OWNER's requirements for the Project, including design objectives and constraints, space, capacity and performance requirements, flexibility and expandabitity, and any budgetary limitations; (c) Upon request from CONSULTANT, assist CONSULTANT by placing at CONSULTANT's disposal all available information in the Q_VVNER'S possession pertinent to the Project, including existing draw rigs. specifications, shop drawings, 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 site to perform the services to be pr3vided by CONSULTANT under this Agreement; and AGENDA ITEM No. DEC 1 6 2003 (e) Provide notice to CONSULTANT of any deficiencies or defects disco:vered by the OWNER with respect to the services to be rendered by CONSULTANT hereunder. 3.3. CONSULTANT acknowledges that access to any work site, to be arranged by OWNER for '-ONSULTANT, may be provided during times that ar~ not the normal business hours of the CONSULTANT. 3.4. OWNER shall be responsible for the acquisition of all easements, property sites, rights-of-way, or other property rights required for the work and for the costs thereof, including the costs of any required land surveys in connection with such acquisition. ARTICLE FOUR TIME 4.1. The period of service shall be from the date of execution of this Agreement through one year from that date, or until such time as all outstanding Work Orders issued prior to the expiration of the Agreement period have been completed. This Agreement ma~, be renewed for an additional three (3) years, renewable annually. Renewal shall be agreed to, in writing, by both parties. 4.2. Services to be rendered by CONSULTANT shall be commenced subsequent to the execution of this Agreement upon written Notice to Proceed from OWNER for all or any designated portion of the project established by a Work Order and shall be perf°-rmed and completed in accordance with such Work Order. Time is of the essence with respect to the performance of this Agreement. 4.3 Should CONSULTANT be obstructed or delayed in the prosecution or completion of its services as a result of unforeseeable causes beyond the control of CONSULTANT, and not due to its own fault or neglect, including but not restricted to acts of nature or of public enemy, acts q u ara nti n ~'--r~'~in'"'l~ a'" ior of government or of the OWN[R, fires, floods, epidemics, -s- - ! DEC 1 1 200 , iock-outs, then CONSULTANT shall notify OWNER in writ';ng within five (5) working days after commencement of such delay, stating the cause or causes thereof, or be deemed to have waived any right which CONSULTANT may have had to request a time extension. 4.4. No inte~uption, interference, inefficiency, suspension or delay in the commencement Or progress of CONSULTANT's services from any cause whatsoever, including those for which OWNER may be responsible in whole or in part, shall relieve CONSULTANT of its duty to pedorm 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 ~, , , ,- rr the services to be provided hereunder by CONSULTANT have not been ~,ONSU~-lAN ,, -' '~ TANT'~ completed within two calendar years of a Notice to Proceed, the CON~Su-. ~ compensation may be equitably adjusted, with respect to those services that have not yet been perfc~rmed, to reflect the incremental increase in costs experienced by CONSULTANT after expiration of the two year period, plus alt time extensions granted by OWNER to coNsULTANT. 4.5. Should the CONSULTANT fail to commence, provide, perform or complete any 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 and option may withhold any and all payments due and owing to the CONSULTANT until such time as the CONSULTANT resumes performance of its obligations hereunder in such a manner so as to reasonably establish to the OWNER's satisfaction that the CONSULTANT's performance is or will shortly be back on schedule. ARTICLE FIVE COMPENSATION -9- AGENDA~ITEM NO. ~u DEC 1 6 2003 '5.1. ,The COUNTY will compensate the CQNbULt~,NI for the services pedormed on each Work Order in accordance with a negotiated lump sum, cest plus fixed fee, or established hourly rate as provided in Schedule A attached hereto. AGENDA..I.TEM NO .... ~ u DEC 1 G 2003 5.2. Subcontractua! services, paid by the CONSULTANT. 5.3. Reimbursabie expenses CONSULTAFIT as follows: if any, shall be invoiced by the CONSULTANT at the actual fees shall be invoiced fo~ the expenditures incurred by th6 5.3.1. Expenses of transportation and living when traveling in connection with each Work Order, except for local travel within Collier or Lee Counties, as provided in Section 112.d61, Florida Statutes, and fees paid for securing approval of authorities have jurisdiction over the Work Order. 5.3.2. Expenses of reproductions, postage and handling of Drawings and Specifications including duplicate sets at the completion of each Work Order for the Oounty's review and approval. 5.3.3. Expense of overtime work requiring higher than regular rates, when authorized by the County. 5.3.4. Expense of models for the County's use. 5.4. Total compensation for all services and expenses shall not exceed the limit listed upon each Work Order without written approval. 5.5. Total initial compensation for all services and expenses shall not exceed $90,000 per Work Order and total contract limit shall not exceed $500,000. 5.6. Payments for Basic Services, Additional Basic'Ser¢ices, Subcontractuat Services, and Reimbursable Expenses as defined in Section V, shall be made upon presentation of the CONSULTANT's County-approved itemized invoice. 5.7. Records of Reimbursable Expenses and Expenses pertaining to Additional Basic Services on the Work Order shall be kept on a generally recognized accounting basis and shall be available and provided to the County with submittal of invoices. ARTICLE SiX OWNERSHIP OF DOCUMENTS 6.1. Upon completion or termination of this Agreement, all records, documents, tracings, plans, specifications, maps, evaluations, reports, computer assisted design or drafting disks and other technical data, prepared or developed by CONSIjLTANT under this Agreement shall be delivered to and become the property of OWNER. This does not apply to working papers. Said records, ,documents, tracings, p ans. specifications, maps, evaluations, reports, computer disks and other technical data prepared by the CON'SULTANT for each project under this Agreement are considered to be instruments of the CONSULTANT'S service. CONSULTANT, at its own expense, may retain copies for its files and internal use. OWNER agrees to indemnify and hold harmless CONSUL:TANT with respect to any claim brought by any third party against CONSULTANT, including loss or damage from the claim including attorneys fees incurred by CONSULTANT, which claim arises out of 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 use is authorized by CONSULTANT. 6.2. With respect to and in consideration for the indemnification provided by OWNER in paragraphs 6.1. above, CONSULTANT has paid to OWNER $10.00, the sufficiency and receipt of which is acknowledged by OWNER through the signing of this Agreement. DEC I ARTICLE SEVEN MAINTENANCE OF RECORDS -~ ~ CONSULTANT will keep adequate records and supporting documen~¢uon which concern or reflect its services hereunder. The records and documemat~o will be retained by CONSULTANT for a minimum of five (5) years from the date of termination of this Agrevmem or the date the work is' completed, whichever is later. OWNER, or any duly authorized agents or representatives of OWNER, shall , free of charge, have the right to audit, inspect and copy all such records and documentation as often as they deem necessary during the period of this Agreement and during the five (5) year period noted above; provided, however, such activity shall be conducted only during normal business hours. ARTICLE EIGHT iNDEMNIFICATiON 8.l. The CONSULTANT in consideration of $100.00, the sufficiency and receipt of which is acknoWledged through the signing of this Agreement shall indemnify and hold OWNER and its officers, employees and agents harmless from and against any and ali losses, liabiltes. damages, and costs, including, but not limited to, reasonable attorney fees to the extent caused by the negligence, recklessness, or intentional wrongful conduct 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 CONSULTANT'S obligation under this paragraph shall not be limited in any way by the agreed upon contract _price as " 'T'S lack of, sufficient insurance shown in this Agreement or the CON~ULTAN limit, of, or protection. 8.2. CONSULTANT acknowledges that the general conditions of any construction contract that CONSULTANT creates in performance of a Work Order 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 AGENDA ITeM NO. DEC 1 2003 'litigation and judgments of any name and ues,.,lpt~on arising out of pedormance of the construction contract or work performed thereunder. or incidental to the ARTICLE NINE iNSURANCE 9.1. During the life of the Agreement (and until final acceptance by Owner for work performed under any Work Order issued by Owner) the CONSULTANT shall provide, pay for, and maintain, with companies satisfactory to the OWNER, the type and amounts of insurance described herein and on Exhibit B. Ail insurance shall be from responsible companies duly authorized to. do business in the State of Florida and/or responsible risk retention group insurance companies registered with the State of Florida. Promptly after written Notice of Award is issued by the OWNER, the insurance coverages and limits required must be .... '~ by ,,r,~,¢rt,J executed Certificates of Insurance on forms which are acceptable to the OWNER. The Certificates must be personally, manually signed by the Authorized ~eprese0tatives of the insurance company/companies shown on the Certificate with proof ttnat he/she is an authorized representative thereof. In addition, certified, true and exact copies of all insurance policies required shall be provided to the OWNER, on a timely basis, if required by the OWNER. These Certificates and policies shall contain provisions that thirty (30) days written notice by registered or certified mail shali be given to the OWNER of any cancellation, intent not to renew, or reduction in the polic, ies' coverages, except in the application of the Aggregate Limits Provisions. in the event of a reduction in the Aggregate Limits of any policy, the CONSULTANT shall immediately take steps to have the Aggregate Limit reinstat~ed to the full e~ent permitted under such policy. All insurance coverages of the CONSULTANT shall be primary to any insurance or self-insurance program carried by the OWNER applicable to the Work. 9.2. The acceptance by the OWNER of any Certificate of Insurance evidencing the insurance coverages and iimits required in this Agreement does not constitute approval or agreement by the OWNER fhat the insurance requirements have been met or th~ . AGENDA ITEM .o. DEC 1 shown' on the Certificates of Insurance are in compliance with the requtremenL= of this Ag reement. 9.3. No work shall commence unless and until the required Certificates of Insurance are received and the written Notice to Proceed is issued to the uONSULTAN by the OWNER. 9.4. Promptly after written Notice of Award is issued by the OWNER and prior to approving any work CONSULTANT shall procure and maintain insurance of the types and to the limits specified in Schedule B entitled "Insurance Coverage", which is attached hereto and made a part hereof. CONSULTANT shall require each of its subconsultants and subcontractors to procure and maintain, until the completion of that subconsultant's or subcontractor's work, insurance of the types and to the limits specified in Schedule B, unless such insurance requirement for the subconsuitant or ~ubuunL,~,~to, is expressly waived in writing by the O\NNER. Said waiver shall not be unreasonably withheld upon CONSULTANT representing in writing to' OWNER that CONSULTANT's existing coverage includes and covers the subconsultants and subcontractors for which a waiver is sought, and that such coverage is in conformance with the types and limits of insurance specified in Schedule B. Ail liability insurance policies, other than the Professional Liab lit¥. Worker's Compensation and Employers' Liability policies, obtained by CONSULTANT to meet the requirements of this Agreement shall name OWNER as an additional insured as to the operations of the CONSULTANT under this Agreement and the Contract Documents and shall contain severability of interests provi_sions. 9.5. If any insurance provided pursuant to this Agreement expires prior to the completion and final acceptance by Owner of any works, performed hereunder, renewal Certificates of insurance and, if requested by Owner, certified, true copies of the renewal policies shall be furnished by CONSULTANT thirty (30) days prior to the date of expiration. 9.6. Should at any time the CONSULTANT not maintain the insurance this Agreement, the OWNER may cancel this Agreement or at its s~ coverages required in DEC 16 2003 authSrized to purchase such coverages and charge the CONSULTANT for such coverages purchased. The OWNER shaIl 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 construed to be a waiver of its rights under this Agreement. coverages shall in no way be ARTICLE TEN SERVICES BY CONSULTANT'S OWN STAFF 10.1. The services to be performed hereunder shall be performed by CONSULTAN~ own staff, unless otherwise authorized in writing by the OWNER. The employment of, contract with, ~- person or firm by CONSULTANT, as independent ~.v,,~ ..... or use of the services of any uL, ,~., - 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 in this Agreement 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. CONSULTANT's acceptance of final payment under any Work Order shall constitute a full waiver of any and alt ctaims, except for insurance company subrogation claims~ by it against OWNER arising out of this Agreement or otherwise related to the work, except those previously made in writing and identified by CONSULTANT as unsettled at the time of the final payment. Neither the acceptance of CONSULTANT's services nor payment by OWNER shall be deemed to be a waiver of any of OWNER's rights against CONSULTANT. NO. DEC I 20023 ARTICLE TWELVE TERMINATION OR SUSPENSION '=-:~t default of this Aareement and such default 12:1. CONSULTANT shall be considered in ma~ will 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 the services to be provided hereunder or as directed by OWNER, or (c) the bankruptcy or insolvency or a general assignment for the benefit of creditors by CONSULTANT or by any of cONSULTANT's principals, officers or directors, or (d) failure to obey taws: ordinances, regulations or other codes of conduct, or (e) failure to perform or abide by the terms ~,~:'~, of this AareemenL or (f) for any other just cause. The OWNER may so terminate this or sb,,, I Agreement, in whole or in part, by' giving the CONSULTANT seven (7) calendar days written notice of the material default. 12.2. If, after notice of termination of this Agreement as provided for in paragraph 12.1 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 termination given pursuant to paragrapi~ 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 event of such termination for convenience, CONSULTANT's recove~ against OWNER shall be limited to that portioh of the fee earned through the date of terminat on. together with any retainage withheld and any costs reasonably ,ncurred by CONSUL~A~o' at~totChr~r do~e~bc~tvaeb~ ~ '--e ination, but cONSULTANT shall not be entel , ~ _a , rm . - - ,~;~-ir~.afc~rfl f¢¢~ or profits on work not requir=d to bT · ,. ~ ~ ' ' ~ TO. a~ ~L,~,,~, OWNER, mcludlng, buL noL hmlt~ . . performed. CONSULTANT must mitigate all such c~sts to the greatest extent reasonably possible. 12.4. Upon termination, the CONSULTANT shall deliver to the OWNER all original papers, records, documents, drawings, models, and other material set forth and described in this Agreement including Section 6.1. ~. - ~-, ,~,,^,~.,F~ shal! have the power to suspend all or any portions of the services to be provided by CONSULTANT hereunder upon givin9 CONS~JLTANT two (2) calendar days prior written notice of such suspension- If all or any portion of the services to be rendered hereunder are so susi~ended, the CONSULTANT's sole and exclusive remedy shall be to seek an extension of time to its schedule in accordance with the procedures set forth in Article Four herein. ARTICLE THIRTEEN TRUTH 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 CONSULTANT, to solicit or secure this Agreement and that CONSULTANT has not paid or agreed to pay any person, company, corporation, individual or firm, 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. -18- DEC 1 k )&t 9.3 13.2. In accordance with provisions of Section 287.055, (5)(a), Florida Statutes, the ~,,¢r-.~ e the required Truth-tn-Neaotiation Certificate, a~ached hereto CONSULTANT agrees to ~ .... t v and incorporated herein.as Schedule C, stating that wage rates and other factual unit costs supporting the compensation are accurate, complete a~nd current 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 the OWNER determines the Agreement price was increased due to inaccurate, incomplete, or non-current wage rates and other factual unit costs. Alt such adjustments shall be made within one (1) year following the end of this AgreemenL. ARTICLE FOURTEEN CONFLICT OF INTEREST I-4.!. CONSULTANT represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of sen/ices such required hereunder. CONSULTANT further represents that no persons having any interest shall be employed to perform those services. ARTICLE F1FTEEN MODIFICATION 15.1. No modification or change in this Agreement shall be valid or binding upon either party unless in writing and executed by the party or parties intended to be bound by it. ARTICLE SIXTEEN NOTICES AND ADDRESS OF RECORD 16.1. All notices required or made pursuant to this Agreement to be 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 following OWNER's address of record: Board of County Commissioners, Collier County Florida Purchasing Department 3301 Tamiami Trail East Naples, Ft. 34112 NO, _..~ DEC 1 G 2002 Attention: Purchasing Director 16.2. Ail notices required or made pursuant to this Agreement to be given by the OWNER to the CONSULTANT shall be made in writing and shall be delivered by hand or by the United States Postal Service Department, first class mail service, postage prepaid, return receipt requested, addressed to the following CONSULTANT's address of record: Schenket Shultz 2706 Horseshoe Drive South, Suite 225 Naples, FL 34104 Attention: J. Thomas Chandler 16.3. Either party may change its address of record by written notice to the other party given in ' = with requirements of this Article. accoraanc,~ ARTICLE SEVENTEEN MISCELLANEOUS 17.1. CONSULTA~IT, in representing OWNER, shall promote the best interest of O, WNER 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, or otherwise transferable 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 terms of this Agreement. -20- ' 1/.3. 'The headings of the Articles, Schedules, Parts and A~achments as contained in this Agreement are for the purpose of convenience only and shall not be deemed to expand, limit or change the provisions in such A~icles, Schedules, Parts and Attachments. i7.6. This Agreement, initially consisting of 27 continuously-numbered pages including the referenced Schedules and Attachments hereto, constitutes the entire agreement between the parties hereto and shall supersede, replace and nullify any and all prior agreements or understandings, written or oral, relating to the matter set forth herein, and any such prior agreements or understanding shall have no force or effect whatever on this Agreement. t7.7 COIvIPONENT PARTS OF THIS AGREEMENT. This Agreement consists of the attached component parts, all of which are as fully a part of the Agreement as if herein set out verbatim: Contractor's Proposal, RFP #0fl-3235 - "Annual Contract for Architectural Services", Consultant's Fee '- ~--~, ,~ "B", Truth in Negotiation Schedule "C". Schedule "A", Insurance Coverage ~c~u,~; ARTICLE EIGHTEEN APPLICABLE LAW "18.1. Unless otherwise specified, this Agreement shait be governed by the laws, rules, and regulations of the State of Florida, and by such laws, rules and regulations of the United States as made applicable to when providing services 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 the appropriate Florida state court in Collier County, Florida. IN WITNESS WHEREOF, the parties hereto have executed this Professional Set-vices Agreement for Architectural Services the day and year first written above. BOARD OF COUNTY COMMISSIONERS FOR COLLIER COUNTY, FLORIDA, A POLITICAL SUBDIVISION OF THE STA/,.TE OF FLORIDA ~ NO. \ ~ _:~__ DEC I 6 2003 , Ap,r)roved as to form and Ass'istant Cou~.'/Attorney Schenket Shultz Witnessed' (Type narhe~: .~ ~_~_o_~s_~_C_t~a~_dler__ (Title)~?nior vice President -22- DEC 1 6 2003 i SCHEDULEA Collier County Fee Schedule RFP 01-3235 · 'A~uual Contrac~ for Archite-~urai Profe_ ssio~n~l~ Senior Project Planager Project Manager Or Director Jr. Project: tvlanager Princi ,pal Archite~ Sr. Architect Project Architect Architect Field/Construction/Contract Administrator Draftsman/CADD Oper,ator/CADD Technician/ ~r. AutoCAD Drafter/Designer C~erical Spec Writer Job Site ]:nspector UBCI - Field $ 85.00/hr $ 85.00/hr $ 75.00/hr $110.00/hr SL00.00/hr $ 87.50/hr $ 85.00/hr $ 75.00/hr $ 70.00/hr $ 42.50/hr $ 82.50/hr $ 85.00/hr · $ 77.50/hr This iisi is noL intended to be all-inclusive. Hourly rate fees for other categories of professional, support: and other services shall be mutually negotiated by the Count3f and firm on a project by project basis as needed. END OF SCHEDULE A AGENDA.ITEM NO. ~ L2 DEC 1 6 2003 'E sCHEDUL B INSURANCE COVERAGE (1) The amounts and types of insurance coverage shall conform to the following minimum requirements with the use of Insurance Services Office (tSO) forms and endorsements or their equivalents. WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY Insurance shall be maintained by the Contractor/Consultant/ 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 Ftorida. The amounts of such insur?nce shall not be less than: a. Worker's Compensation - Florida Sta[utory Requirements b. Employers' Liability (check one) V $100,000 Each Accident $500,000 Disease Aggregate $100,000 Disease Each Employee (2) The insurance company shall waive its Rights of Subrogation against the Owner and the policy shall be so endorsed. COMMERCIAL GENERAL LIABILITY Insurance shall be maintained by the Contractor/Consultant/Professional- Coverage wilt 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 and Completed Operations Coverage. Products and Completed Operations coverage shall be maintained for a period of not less than five (5) years following the completion and acceptance NO. ~ 0 DEC I 6 2003 by' the Owner of the work under this Agreement. following' (check one) General Aggregate ProduCts/Completed Operations Aggregate Personal and Advertising Injury Each Occurrence Fire Damage Limits of Liability shall not be less ihau the $1,000,000 $1,000,000 $~,000,000 $1,000,000 $ 50,000 (2) The General Aggregate Limit shall apply separately to this Project and the policy shaft be endorsed using the following endorsement wording. "This endorsement modifies insurance provided under,the following: Commercial General Liability Coverage Part. -The General Aggregate Limit under LIMITS OF INSLIRANCE applies separately to each of your projects away from premises owned by or rented to you." -, ,'.~ "+, insurance reauired herein is issued or renewed on a "claims · (3) If the Genera, ~_,~bdl,y . made" basis, as 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) f6r claims shall be no less than three (3) years. (4) 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 carded by the Owner. AUTOIVIOBILE LIABILITY INSURANCE shall be maintained by the Contractor I Consultant / Professional for the ownership, maintenance or use of any owned, non-owned or h?ed vehicle with limits of not less than: (check one) X Bodily Injury & Property Damage - $ 500,000 pROFESSIONAL LIABILITY INSUP, ANCE shall be maintained by the Consultant/Professional to insure its legal liability for claims arising out of the performance of professional services under this Agreement. Such insurance shall have limits of not less than $I,000,000 each claim and in the aggregate AGENDA ITEM NO. ',. (~ DEC 1 6 2003 pg, .... (`2) Any deductible applicable to any claim Sh~all be the sole Consultant/Professional and shall not be greater than $50,000 each claim. responsibility of the (3) The,.Consuttant/Pr°fessi°nal 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. END OF SCHEDULE B. -26- AGE. NDA ITEM NO. ~ O DEC 1 6 20O3 Pg. ~ CERTiFiCATE OF ~DUCEt~ Acordia, Inc, P.O. Box 885 Fo~ Wayne, IN 46801-0885 (p)219-432-3400 (F)219-432-2075 ;URED Schenket & Shultz, inc., etal 8250 College Pkwy., Ste. 203 Fort Myers, FL 33919 ~ ! DATE {MM/DD,WYI ISSUED AS A MATTER OF O~ THIS CERTIFt ........ ,,,r, ,.::;t~I.4TS UPON THE CERTIFICATE -----~ ONLY AND ~;U_N_~_~_~.~'~ '~'~ NOT AMEND EXTEND OR INSURERS AFFORDING COVERAGE I NSURER A: INSURER B: Federal Insurance Company Cincinnati Insurance Co. First National Ins, Co. ~ PERIOD INDICATED, NOTWITHSTANDING OVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE '~ERMS, EXCLUSIONS AND CONDITIONS OF sUCH ~ -- ,'-~~lVF t pOLiCY EXPIRA~I..O.,N · LI1V~ITS POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. pOLICY j 10/14/01 10/14/02 ~A~H OCCURR-NC 35113928 / 1 FIRE DAMAGE (An,,, one fire) $ TYPE OF INSURANCE GENERAL LIABILITY MMERCIAL GENERAL LIABILITY CLAIMS MADE ~ OCCUR . GEN'L AGGREGATE LiMiT APPLIES PER: JEC% I ' AUTOmOBIlE LIABILITY ANY AUTO ~LL O~VNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON OWNED AUTOS Como 500 De Coil 500 De GE LIABILITY ANY AUTO EXCESS LIABILITY ~---~ OccUR ~ CLAIMS MADE DEDUCTIBLE ~ RETENTION r.,/ORKERS COMPENSATION AND EMPLOYERS' LIABILITY ~1OTHER 77839599 CCC4404601 10/14/01 10/14/02 WC7777089A ,MED EXP (Any She p,~rsenl PERSONAL & ADV tN.JURY GENERAL AGGREGATE PRODUCTS - COMP/OP COMBINED SINGLE LIMIT (Ea accident) BODILY INJURY (Per person) BODILY INJURY (Per accident) PROPERTY DAMAGE (Per accident) AUTO ONLY -EAACCiDE_ NT OTHER THAN EA ACC AL)TO ONLY: AGO EACH oCCURRENCE _~E.L. DISEASE - POLICY JMIT I ~SC~O~~ OF OPERATiONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY I Certificate Holder is included as additional insured regarding contract 01-3235 t 500~00 .... 500000 10000 500000 500000 500000 500000 7000000 50oo~oo~ 500000 500000 __ ENDORSEMENT/SPECIAL pROVISIONS CANCELLATION CERTIFICATE HOLDER J ADDITIONAL INSURED; INSURER LETTER: Collier County Government Purchasing Buiiding-G S301 E Tamiami Trail Naples, FL 34t12 45-30 ACORD 25-S [7/97) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED I~EFORE THE E. XPIRATIOf~ DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30_ DAYS WRITTEN OT]C£ TO THE CERTIFICATE HOLDER .AI~iED,~TD 'I;~~~~-D.,O,',', SO*,,SHALL N ! ..... A,L?.l~hl~l~Jl~J~J~i::~* ITS AGE~TS OR IMPOSE NO OBLIGATION OR LIABILITY OF AITF KIN~:~I,~ r~I~FT' ~ .EpRESENTA V.. TATIVEL _ / · CERTIFICATE OF INSUIL NCE DATE, l 0/_,'2/0 t ~ CERTIFICa_T= IS ISSUED ~S & IVLATTER OF [NTORMATION ONLY _&N-D CONFERS NO iRiGHT UPu!s ~nr. ~.= ....... _=~2'.' .... 2 ..... ~'~' ~{E POi ~C~rE~ BEt OW ~EXWE~ OR ALTER T~F CC:~AGB ;~r ru~mu ~ ~ ~ r . __ - ..... - - - PROFESS[ON-~-' DESIGN ~SU~ANCE ~ES ~Fp~iNG CO~5~GE - I~&&NAGEMENT CO~O~&TION ~ 'A Nu~eg l. ns~ce Company P.O. Box iNDiAN~OLIS, ~ 46250 Phone: (317) 570-6945 Fax: (317)579-6410 iCO E y c ~ ultz Inc Schenkel & Sh , · 8250 College Parkway. Suite 203 {CON. ANY D Ft. Meyers, FL 33919 . ==x, m~t~:'D TO ~ ~SURED N~ ~%~()X~ FOR T}~ POLICY PERIOD CO~&GES ........... '~ ~I: INSUR~CE LISTED BELOS¥ tL~kX'E B~:~ ...... . ....... r~mu=~ DOC~IENT %~[ ~SPECT TO W~CH T}~S IS TO CERTIF~ TKAI vobt~TT&2 ~7~,,,~r,~T EN~ICATED- NO~VITHSTzMNDIN~ .~N ~: ~Mu~z~* THIS CERTIFICATE N~AY BE ISS~D OR MAY PERTAIN, T~ ~SU~&NCE TERMS. EXCI USION. ~3 CO~ON OF SUCH POLICIES_ LIN~7S SHOWN MAT HAX~ BEEN REDUCED BY P.&~ CLAIMS. '- AUTOiMOB[LE Lb'MBILITY A T'VPE OF INS LHLANCE :iGENERAL LL&BILrlW ] CON,~IERCL~ GEN~R~ LL~BmlTY ] [ ]CLAIN~ ~mE [ l OCC~NCE ] OWNER'S & CONTIL:XCTORS PROTECTIVE ] ANY AUTO _~L o~D AUTOS SC~D~ED ALTOS ~D AUTOS NON-Og~D AUTOS G_~AOE L~tTY EXCESS L~B~ITY ] L~LLA FOCI ] O~R Ti~ UMB~LLA WOKKERS' CO~ENSATION E~LO~R L~I~' OT~R PROFESSION~ L~Y POLiCY NUMBER NTC 0154379-00 X] _~RCHITECTS .&NT) ENGINEERS DESCRIPTION OF OPERATIONSfLOCATION/VEHICLES/SPECIAL ITEMS POLICY '[ POLIC~7-~ L!M[TS , EFFECTP/E !E.,Y-P[RATION! ~ ...... ---T~NE tL&L AGGR ~ ATE ~PKODUCTS-COMt/OPS AfKiREGATE ~ /p~p. SON~XZ & .~VERTISENG INJ~Y [EACH OCCUT{ENCE IFmE DAMAGE CAN¥ O~ F~E) 01 Jul 00 BODE[ .Y INJURY PER PERSON) ~6Dn~Y INJURY PER ACCLDENT) PROPERTY DAM AGE EACH OCCURRENCE ST ATUTORY 22 iMar 02 !$ (EACH ACCIDEN%) (DiSEASE~POLI[CY LIB~T) S 0DISEA~SE_EACH EMPLOYEE.) 52000000 LIN'fiT EACH CLAIiM t$2000000A_NNUALAGOREGATE. ,$tdObrLD ANY OF THE .&BOVE DESCRIBED POLIC'I~S BE C~ IWlLLx-~NDEAVORTO ~"~ ~0 I~_Y~S~ CERTI2ZlCATE HOLDER Collier Count3.' Government Purchasing Building G 3301 E. Tamiami Trail Naples, FL 34112 Attn: Kelsey Ward ACORD .~_-S (1195) SCHEDULE C TRUTH IN NEGOTIATION CERTIFICATE In compliaqce with the Consultants' Fiorida Statutes, Sche~kel S1~ultz, T-nc. Competitive ,_8, .05~: Negotiation Act, Section o -~ ¢, herebY ceAifies that wages, rates and other factual unit costs supporting the compensation for the Professional Architectural Services of the CONSULTANT to be provided under the Professional Services Agreement are accurate, complete and current as of the time of contracting. DATE: -2? - AGENDA II'EM NO. ~, C~ DEC I 6 2003 I EXHIBIT I EXECUTIVE SUMMARY APPROVE TERMINATION OF AGREEMENT BET'WEEN AEC NATIONAL, INC. AND COLLIER COUNTY AND DECLARE A VALID PUBLIC EMERGENCY AND WAIVE 'THE COMPETITIVE SELECTION PROCESS FOR RETENTION OF REPLACEMENT CONSULTANTS OBJECTIVE: To obtain Board approval of termination of contract no. 98-2867 (Design Professional Se~'ices Agreement-Naples Jail Center) between AEC National, Inc. and Collier County and to declare a valid public emergency. CONSIDERATION: AEC National, Inc. (hereinafter "AEC"), has been notified that it is in defaul[ in excess of $100,000.00 to the Bank of Naples. As part of the security for a loan from the bank, AEC pledged, among other things, its accounts receivable for work done pursuant to the above- referenced contract. It has no other assets. County staffmet ~vith AEC to receive assurance that it would be able to complete the work under the contract if its payments from the County were seized under a writ of attachment. It has indicated that it would not be able to do so. As a result, since the Bank of Naples appears to have a valid claim against the company, it would be in the best interest of the county to terminate the contract for cause as soon as possible. On November [9, 2003, a letter was sent to AEC giving it notice of termination, subject to approval by the Collier County Board of County Commissioners. A copy of this notice is attached hereto as Exhibit "A". Upon termination, the County will have to locate replacement consultants as soon as possible because the construction under AEC's design has already begun. 2-o date, all addendums to the contract have been paid in full except Addendum No. 4, Contract No. 98-2867. Addendum no. 4 consists of the following work: The Naples Jail Addition, Parking Garage, Chiller Plant Addition and Jail Renovations. The balance remaining to be paid is $379,056.83. A declaration of valid public emergency needs to occur because delay.will result in unnecessary and possibly substantial economic loss to the County.. Pursuant to the emergency declaration, staff is recommending that the formally waive the requirements of subsections 2 and 3 under Section 287.055, F.S. After such declaration is made, County staff will be abte to secure replacement consultants expediously. Staff will come back to the Board for approval of the new contract at a subsequent meeting. FISCAL IMPACT: It is anticipated that additional county .funds will be required to complete the project. GROWTH MANAGEMENT: There is no impact. AGENDA ITEM .----'t -, RECOMMENDATION: That the Board of County. Commissioners approve the termination of the contract with AEC, declare a valid public emergency and authorize staff to negotiate an agreement with a successor entity to assume the provision of the sep,'ices pending under the current agreement. Prepared by: J~aCquel~ne Hubbard ~Rob~nson, A4sistant County Attorney Reviewed by: Steve C~amelI, Ffirchasin='owDirector Date: Approved by: · SklCi~p. Facdmes ~4amgement Director Date' AGENDA I~EM NO. \ DEC 1 6 2003 'gL 2 COLLIER COUNTY DAVID C. WEIGEL COLLIER CouhrTy ATTORNEY 3301 Tamiami Trail East Naples, Honda 34112-4902 Teiephone: (239) 77.1-8400 FAX: (239) 774-0225 Via Federal Express Overnight DeZivem, and Facximi~e Transmixxion (239) 26]-3639 November 6, 2003 Heidi FAshton Jennifer A. Belpedio Ellen T. Chadwell Jeffrey A. Klatzkow WilLiam E. Motmtgord Thomas C- Palmer Michael W. Pettit Jacqueiine Hubba.rd Robimson Mauorie M. Student Scot.: R. Teach Patrick G. V~'Ute Rober~ N..7.achzry Rober'[ G. Menzies, Esquire Roetzei & Andress 850 Parkshore Drive-Suite 300 Naples, Fionda 3~103-3587 Re: AEC National, Inc.-Notice of Default b~ Bank of' Naples Dear Robert: ~, This correspondence is written to request a meeting with you and your ciient, on November 1'7, 2003 at 9 a.m. at the Office of the Count,,' Attomev. Pursuant To A2-ticte I2. Sechon 12.1 of the contract betw, esn AEC National, Inc. and Collier County, the Count>,' is hereby requesting your client provide irarnediate assurance that under the current ctrcumstances, it will be able to adequately perform the remainder of its contractual obligations. The Design Proi-essional Serx'ices ,Agreement at issue, ~vas initialiv entered into by Collier County with the 'x' Group of Florida, and authorized bx' its Board of Directors on January 7, !999. According to our records, ,AEC National, Inc. is currently completing the work under Amendment No. 4 to the original contract for the new Naples Jail Center. Approximately Three hundred-seventy-nine thousand, twenty-six dollars and eighty-three cents, ($379,026.$3), of work remains to be done. It is our opinion that the remaining work is of a highly sensitive and important nature. Article I2, Section 12.1 reads as follows: Design Professional shall be considered in material default of this Agreement and such default will 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 be~n work under the Agreement within the times s >ecified under the Notice(s) to Proceed, or (b) failure to properly and tim~ NO. _ LL~ DEC 1 6 2003 be pro~ AGEN Eu 2' 0 2 200i Robert IVlenzies, ;Esquire November 6, 2003 Page Two hereunder or as directed by Owner, or (c) the bankruptcy or insolvency or a general assignment for the benefit of creditors by Design Professional or by any of Desig~ Professional's principals, partners, officers or directors, or (d) failure to obey laws, ordinances, regulations or other codes of conduct, or (e) otherwise materially breaches this Agreement. The Owner may so terminate this Agreement, in whole or in part. by giving the Design Professional seven (7) catenda~ days written notice. According t'o counsel for the Bank of Naples, >,our client is in default of a secured loan under which there hms been a "general assi=cmment" for its benefit as a creditor, if true. this could result in your client being in default under the contract provision rare,wed to above. ~n aeffontoamiabiyresoivetnismatter, please be advisedtimttn~ ,,o, ~qovember 17. ~00:. has been set ~n order to decidt thc most masona9ic course ol 'action for thc County. it would be to everyone's benefit if you and your ciicru ara in preparauon for' this meeting our office is recuestin~ that copies of the foilo'~'~n .documents be delivered to my attention, no la',er than November I3, 2003. A current financial statement w~th a balance sheet clem-iv Incucating expenditures and income for the last twelve (12) months. A list of existing contracts for work b'~ ~he. firm ~d cop~cz of each CORW~C[. X"enficauon that thc Architect of R~cord w~]t be available to complete mc Naples Jml Center Prolact. A list of all cu~cnt subcontractors on the Naples Jail Canter Project with work remmning, indicating thc amount of payments remmning, a statement of no liens as to each of them, and the means by which they will be pad. Conies of the contracts relevant to paragraph 4 above. The manner in which the dispute with The B~k of Naples reg~ng the secured 1o~ will be resolved and thc expecmd date of resolution. The November 17, 2003 date h~ been selected because key employees of your client have indicated to County staff they will be available that day. It is anticipated that this meeting will only involve Collier County staff, you, and your client. It is respectfully requested that you give this matter your immediate attention. If you have any questions or wish to discuss this matter further, p~case do not hesitate to contact me. AGENDA i'[EM NO. ~' ('''~ DEC I 6 2003 O 2 2003 ,,-..- Robert Menzies, Esquire November 6, 2003 Page Three tt is certainly hoped this matter can be amiably resolved. Sincere])' yours, A'~sistant County Attorney ~'2vid C. Wei_~et. County Attorney Michae! W. Pettit. Ch:cf-Assistant County .attorney S~p Camp, Director-Facilities Mana_ement Jim L. N,StchelI, D~rcctor of Financz d JHJt,'-kEC ',anon:il inc ,.-' sxu,-an::: L-~:::: ,Menz~zs AGENDA DEC 1 6 2003 EXECUTIVE SUMMARY " E LIEN RESOLUTIONS-CODE ENFORCEMENT CAS NUMBERS: 2003050858~ Olga Hirshhorn; 2003070722/Aurora Bros; 2003051051/Buitrago, Alvaro; 2003070384/Buitrago, Alvaro; 2003060548/Cook, Wesley; 2003070586/Stonestreet, William; 2003060299/Tsalach Investments, LLC; 2003060608/Baron, Mimon; 2003070986/Lora, Bulfrano; 2003070987/Lora, Bulfrano; 2003070985/Lora, Bulfrano; 2003080288/Condon, Kelly; 2003081510/CNC Investments LLC; 2003081093/Shelton, Randolph; 2003080966/Ramos, Luis & Maryorie; 2003090114/Galloway, Barbara; 2003070674/Dion, Cheryl; 2003071414frremblay, Claudette; 2003080361/Sera Est., Armand and 2003080930fWilkinson-Meffert Const Co. OBJECTIVE: For the Board of County Commissioners to adopt separate Resolutions assessing separate liens against certain parcels identified in the Resolutions in order to recover public funds expended to affect the abatement of public nuisances at such locations, all as provided for in Ordinance No. 99-51, as amended, the Collier County Litter, Weed and Exotics Control Ordinance. CONSIDERATIONS: Ordinance No. 99-51, as successor to Ordinance No. 91-47, as amended, mandates tl~'e Board to impose a lien against property when an invoice to recover public funds expended to affect the abatement of a public nuisance is not paid at the expiration of twenty (20) days of the date of the notice. The tbllowing properW owner's have not remitted the invoiced amounts. Case No. Owner of Record Case Summary Lien Amount a. Violation determined 05/21/'03 b. Notice of Violation served NA c. Notice of Violation t'osted 05/21/03 $415.00 20030.50858 Hirshhorn, Olga d. Unabated nuisance xerified 06/20.'03 e. Nuisance abated with public funds 07,'15/03 f. Owner invoiced tbr costs 07."17.'03 a. Violation detennine'~ 07/14/03 b. Notice of Violation served claimed c. Notice of Violation Posted NA $255.00 2003070722 Aurora Bros d. Unabated nuisance verified 08/04/03 e. Nuisance abated with public funds 08/16/03 f. Owner invoiced for costs 09,'05/03 a. Violation determined 06,'26:03 b. Notice of Violation served NA AGE:N~A ITE~ DEE 1 6 2003 c. Notice of Violation Posted 06/26/03 2003051051 Buitrago, Alvaro d. Unabated nuisance verified 07/1/03 $255.00 e. Nuisance abated with public funds 07/02/03 f.Owner invoiced for costs 07/10/03 a.Violation determined 07/20/03 b. Notice of Violation served NA c. Notice of Violation Posted 07/20/03 $255.00 2003070384 Buitrago, Alvaro d. Unabated nuisance verified 07/28/03 e. Nuisance abated with public funds 07/29/03 f.Owner invoiced for costs 07/30/03 a. Violation determined 06/04/03 b. Notice of Violation served unclaimed c. Notice of Violation Posted 06/27/03 $255.00 2003060296 Milbert, Cletus & Anita d. Unabated nuisance verified 07/10/03 e. Nuisance abated with public funds 07/14/03 f. Owner invoiced for c<~sts 07/15/03 a. Violation determined 06/16/03 b. Notice of Violation served NA c. Notice of Violation Posted 06/17/03 $255.00 2003060548 Cook, Wesley C d. Unabated nuisance verified 06/30/03 e. Nuisance abated with public funds 07/15/03 f. Owner invoiced fi)r costs 07/18/03 a. Violation determined 07/! 1,'03 b. Notice of Violation served NA c. Notice of Violation Posted 07/14/03 $255.00 2003070586 Stonestreet, William d. Unabated nuisance :erified 07/25/03 e. Nuisance abated with public fitnds 08/06/03 f. Owner invoiced for costs 08/11/03 a. Violation determined 06/04/03 b. Notice of Violation served claimed c. Notice of Violation Posted NA $255.00 2003060299 Tsalach Investments, d. Unabated nuisance verified 06/25/03 LLC e. Nuisance abated with public funds 07/01/03 f. Owner invoiced for costs 07/10/03 a. Violation determined 06/13:03 b. Notice of Violation served NA c. Notice of Violation Posted 06/18/03 $255.00 2003060608 Baron, Mimon d. Unabated nuisance verified 06/30/03 e. Nuisance abated with public funds 07/11/03 f. Owner invoiced tbr costs 07/29/03 AGENDA I'r~.MI BEC 1 6 2003 - a. Violation determined 07/21/03 b. Notice of Violation served claimed c. Notice or' Violation Posted NA $255.00 2003070986 Lora, Bulfrano d. Unabated nuisance verified 08/15/03 e. Nuisance abated with public funds 09/22/03 f. Owner invoiced for costs 09/26/03 a. Violation determined 07/21/03 b. Notice of Violation served claimed c. Notice of Violation Posted NA $255.00 2003070987 Lora, Bulfrano d. Unabated nuisance verified 08/15/03 e. Nuisance abated w4th public funds 09/22/03 f. Owner invoiced for costs 09/26/03 a. Violation determined 07/21/03 b. Notice of Violation served claimed c. Notice of Violation Posted NA $255.00 2003070985 Lora, Bulfrano d. Unabated nuisance verified 08/15/03 e. Nuisance abated with public funds 09/22/03 t'. Owner invoiced [or costs 09/26/03 a. Violation determined 08/05/03 b. Notice of Violation served unclaimed c. Notice of Violation Posted 09/02/03 $255.00 2003080288 Condon, Kelly d. Unabated nuisance verified 09/15/03 e, Nuisance abated with public funds 09/22/03 fi Owner invoiced for costs 10/01/03 a. Violation determined 08/28/03 b. Notice of Violation served NA c. Notice of Violation Posted 09/02/03 $255.00 2003081510 CNC Investments, LLC d. Unabated nuisance verified 09/15/03 e. Nuisance abated with public funds 09/17/03 f. Owner invoiced for costs 09/24/03 a. Violation determined 08/19/03 b. Notice of Violatiort served unclaimed c. Notice of Violation Posted 09/19/03 $255.00 2003081093 Shelton, Randolph d. Unabated nuisance verified 09/29/03 e. Nuisance abated with public funds 10/3/03 f. Owner invoiced for costs 10/17/03 a. Violation determined 08/15/03 b. Notice of Violation served claimed c. Notice of Violation Posted NA $255.00 2003080966 Ramos, Luis & d. Unabated nuisance verified 09/16/03 Maryorie e. Nuisance abated with public funds 09/20/03 f. Owner invoiced for costs 09/25/03 16,/t ! DEC 1 6 2003 a. Violation determined 09/04/03 b. Notice of Violation served NA $400.00 2003090114 Galloway, Barbara 09/04/03 c. Notice of Violation Posted d. Unabated nuisance verified 09/15:'03 e. Nuisance abated with public funds 10/13,:03 f. Owner invoiced tbr costs 10/14/03 a. Violation determined 07/15:'03 b. Notice of Violation setwed unclaimed c. Notice o f Violation Posted 08/06/03 $2 5 5.00 2003070674 Dion, Cheryl d. Unabated nuisance verified 08/18/03 e. Nuisance abated with public funds 08/21/03 f. O~vner invoiced for costs 08/28/03 a. Violation determined 07/31/03 b. Notice of Violation served NA c. Notice of Violation Posted 07/31/03 $255.00 2003071414 Tremblay, Claudette d. Unabated nuisance verified 08/11/03 e. Nuisance abated with public funds 08/18/03 f. Owner invoiced for costs 08/20,"03 a. Violation determined 08/07/03 b. Notice of Violation served unclaimed c. Notice of Violation Posted 09/03/03 $255.00 2003080361 Seva Est., Armand d. Unabated nuisance verified 09/15/03 e. Nuisance abated with public funds 09/20/03 f. Owner invoiced for { ~ l 0/01/03 a. Violation determined 08/18/03 b, Notice of Violation served claimed c. Notice of Violation Posted NA $255.00 2003080930 Wilkinson-Meffert d. Unabated nuisance verified 09/10/03 Const Co c. Nuisance abated wilh public fimds 09/11/03 f. Owner invoiced for costs 09/17/03 Upon the Board's adoption of the Resolutions, copies of such and the kegal Notices of Assessment will be mailed to the respective properly owners. If the property owners fail to pay the amounts specified in the respective Resolutions within twenty (20) days hereof, the Clerk to the Board will record the Resolutions in the official records of the County. FISCAL IMPACT: A total reimbursement of $5,660.00 may be anticipated by voluntary action or foreclosure. The only expense projected to be incurred by the County is the cost of recording the Liens, which is estimated to be approximately $12.50 per DEC 1 6 2003 lien, totaling $178.50 ($10.50 x 17 Liens (~!one page) $57.00 ($6.00 for first page and $4.50 thereafter for t3vo liens (~4 pages) totaling $235.50 which is budgeted and available in the current fiscal year Code Entbrcement budget. GROWTH MANAGEMENT IMPACT: This request will have no impact on the County's Growth Management Plan. RECOMMENDATION,;. That the Board of County Commissioners adopt the attached Resolutions. PREPARED BY: Shanelle Hilton, Administrative Secretary Code Enforcement REVIEWED BY: Jane~ Powers, Operations Manager Code Enforcement APPROVED BY: Michelle Edwards Am~'~l, l~irector Code Enforcement APPROVED BY: J~?/~bh K. Sch~i'it, Admi~istra Cmmunity De,,elor)ment & Environmental Services DATE: DATE: DATE: I~2-,,~ - 0,.5? ! DEB 1 6 7_003 RESOLUTION NO. 2003- ~ RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR THE ASSESSMENT OF IAEN FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE No. 99-51, AS AMENDED WHEREAS, as provided in Ordinance No. 99-51, as amended, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property: and WHEREAS, the cost thereof to the County as to each parcel shali be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable no later than twenty (20) days of the date of the Legal Notice of Assessment and interest shall accrue on the unpaid balance beginning on the date this Resolution is recorded at the rate of twelve percent (, 12°,/o) per annum. NOW, T}tEREFORE, BE I1- RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUN[Y, FLORIDA, that the property described as follows, having been abated of a public nuisance after due and proper notice thereof to the owner(s) of said property, is hereby ,~ssessed the following costs of such abatement, to ~4t: NAME: OLGA HIRSHHORN & TItOMAS G SCHESSLER LEGAL DESCRIPTION: SEE AqVI'AC}tL:D EXttlBIT COST: $415.00 REFERENCE#: 2351 FOLIO#: 00738160005 The Clerk shall (by regular mail) mail a copy of this Resolution along x~Sth the Notice of Assessment of Lien to the oxvner(s) of the above-described property. If within twenty (20) days of the date of mailing that copy, the owner fails to deliver pa.sqnent in full to Collier County, the Resolution and Notice of Assessment shall be recorded in the official records of Collier County, and by recording shall constitute a lien against the above-described real property, and to the extent allowed by law, shall also be a lien upon all other real and/or personal property owned by the noted property owner(s) in Collier County. qqxis Resolution passed trod duly adopted by the Board of County Commissioners of Collier County, Florida, this __ day of__ ,2003. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COLrNTY, FLORIDA BY: Deputy Clerk Approved as to form and Legal sufficiency: Thomas C. 'Palmer, A~s[smnt County Attorney F: LIEN/MSTR RESOLUTION BY: Tom ttenning, Chairman DEC 1 6 2003 Pg. BOARD OF COUNTY COMMISSIONERS THROUGH ITS CODE ENFORCEMENT DEPARTMENT COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN OLGA HIRSHHORN & THOMAS G SCHESSLER 600 Admiralty Parade Naples, FI. 341027803 DATE: REF. INV.# 2351 FOLIO #00738160005 LIEN NUMBER: LEGAL DESCRIPTION: SEE AT[ACHED EXHIBIT "A" You, ms the owner(s) of the property above-described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Code Enforcement Director, did determine a public nuisance existed and constituted a violation of county regulations on June 6, 2003, and ordered the abatement t,f a certain nuisance existing on the above property prohibited by Ordinance No. 99-51 and served a notice of violation upon you. The nuisance is: PROHIBITED ACCUMULATION OF V~'EEDS, GRA' OR OTHER ~ SIMILAR NON- PROTECTED OVERGRO'~Sq'H 1N EXCESS OF EIGHI ~'4 (18) INCHES IN HEIGHT. You failed to abate such nuisance; whereupon, it xvas abated by the expenditure of public funds at a direct cost of-fwo tlundred Fifteen (215.00) Dollars plus an administrative cost of Two Hundred ($200.00) dollars for a total of FOUR HUNDRED FIFTEEN (415.00) DOLLARS. Such cost, by Resolution of the Board of County Commissioners of Collier County, Florida, shall become a lien on your property when recorded after approval by the Board. FAILURE TO TIMELY PAY TIlE AMOUNT SPECIFIED IN THIS NOTICE MAY RESULT IN A LIEN AGAINST ALL OF YOUR PROPERTY IN COLLIER COUNTY. F: LIENS/MSTR [aNAL 2003 2121U~ Oil: 2502 l~: 31~6 III I.D. No. ~1~ ~ ~ j ~UIT CLAIM DEED S~ ~ b~: i~ ' m ~ ....... ~ ........ ~~) A~A ITEM, .o._/~4 / DEC 1 6 ZOO3 pg. OR: 2502 3187 I~HiBI? "A" Ll~dk L DP. SCR IPTION ~nn~ng at ~e SOu%~eas% ~orner of Sect/on 12,.Township ~th. ~anee ~ Zaet, Collie~ County, Florida, t~ence S O° 0~' 0~# ~,~d feet to · ~int ~n ~'~l ~ ~1~ bll ~nae ~ j~o ~, 00" V .1672,10' feet along ~he ~h R~-of-~ 1~ of ~gh,ay ~l to a. aonc~te mon~t ~ t~ ~e ~a~e Of ~eg~lng of the ~el herelh - ~h~nee c~U~ N ~o ~6' 00" V along th~ No~h ~ne a distance of'8~.80 Cecil ~he~e N '0° ~"' E ~long the E~st R~8~'-of-~ of ~OSep~a,o ~ distance of h~.8~ feetF th~ce S ~O ~, E a d~atance o~ 16~.~;t feet; thence;S 89° ~''30" E a dt~ce ~ ~.~ Fecal thence S.~° ~5' ~ a distance of feet~ ~e~e S 0° 1~' ~O~ V a distance of ~.~6 feet to 'pi'ace off~g~nn~ng Of the ~el herein described. AGENDA ITE. M DE[; I 6 2003 RESOLUTION NO. 2003- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR THE ASSESSMENT OF LIEN FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE No. 99-51, AS AMENDED WHEREAS, as provided in Ordinance No. 99-51, as mended, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and WHER 7AS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable no later than twenty (20) days of the date of the Legal Notice of Assessment and interest shall accrue on the unpaid balance beginning on the date this Resolution is recorded at the rate of ~'elve percent (12%) per annum. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the property described as follows, having been abated of a public nuisance after due and proper notice thereof to the owner(s) of said property, is hereby assessed the following costs of such abatement, to wit: NAME: Aurora Bros LEGAL DESCRIPTION: Lot t7, Block 13, Naples Manor Addition, according to the plat thereof, as recorded in Plat Book 3, pages 67 & 68, of the Public Records of Collier County, Florida. COST: $255.00 REFERENCE#: 2383 FOLIO #: 62102040003 The Clerk shall (by regular mail) mail a copy of this Resolution along with the Notice of Assessment of Lien to the owner{s) of the above-described property. If within twenty (20) days of the date of mailing that copy, the owner fails to deliver payment in full to Collier County, the Resolution and Notice of Assessment shall be recorded in the official records of Collier County, and by recording shall constitute a lien against the above-described real property, and to the extent allowed by law, shall also be a lien upon all other real and/or personal property owned by the noted property owner(s) in Collier County. This Resolution passed and duly adopted by the Board of County Commissioners of qlier County, Florida, this __ day' of_. ,2003. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLOKIDA BY: Deputy Clerk BY: Approved as to form and Legal sufficiency: Thomas C. Palmer, Assistant County Attorney F: L[E2q./ MS'IR RESOLUTION Tom Henning, Chairman ~,fd~OA fl'EM DE(; 1 [ 2003 BOARD OF COUNTY COMMISSIONERS THROUGH ITS CODE ENFORCEMENT DEPARTMENT COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN Aurora BFOS 2425 Landerro Cleveland, Ohio 44124 0000 REF. INV.# 2383 FOLIO# 62102040003 DATE: LIEN NUMBER: LEGAL DESCRIPTION: Lot 17, Block 13, Naples Manor Addition, according to the plat thereof, as recorded in Plat Book 3, pages 67 & 68, of the Public Records of Collier County, Florida. You, as the owner(s) of the property above-described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Code Enforcement Director. did determine a public nuisance existed and constituted a violation of county regulations on July 14, 2003, and ordered the abatement of a certain nuisance existing on the above property prohibited by Ordinance No. 99-51 and served a notice of violation upon you. The nuisance is: PROHIBITED ACCUMULAIION OF WEEDS, GRASS, OR OTHER SI3,1ILAR NON- PROTECTED OVERGROgVFH IN EXCESS OF EIGHTEEN (18) INCHES IN HEIGHT. You failed to abate such nuisance; whereupon, it was abated by the expenditure of public funds at a direct cost of Fifty Five ($55.00) Dollars plus an administrative cost of Two Hundred ($200.00) dollars for a total of TWO HUNDRED AND FII~Y FIVE DOLLARS ($255.00). Such cost, by Resolution of the Board of County Commissioners of Collier County, Florida, shall become a lien on your property when recorded after approval by the Board. FAILURE TO .TIMELY PAY THE AMOUNT SPECIFIED IN THIS NOTICE 5La. Y RESULT LN A LIEN AGAINST .ALL OF YOUR PROPERTY IN COLLIER COUNTY F: LIENS/MSTR LNAL A~=J~DA IT~ DEC ! 0 2003 RESOLUTION NO. 2003- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR THE ASSESSMENT OF LIEN FOR THE COST OF -['HE ABA1EMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITtt ORDINANCE No. 99-51, AS AMENDED WHEREAS, as provided in Ordinance No. 99-51, as amended, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and WHEREAS, 'd~e cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable no later than txventy (20) days of the date of the Legal Notice of Assessment and interest shall accrue on the unpaid balance be~,4nning on the date this Resolution is recorded at the rate of twelve percent (12%) per annum. NOW, THEREFORE, BE tT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the property described as follows, having been abated of a public nuisance after due and proper notice thereof to the owner(s) of said property, is hereby assessed the following costs of such abatement, to wit: NAME: Buitrago, Alvaro & Veronica LEGAL DESCRIPTION: kot 3 Block 93, Unit 3, according to the Plat thereof as recorded in Plat Book 5. at Page 97 through 105, inclusive of the Public Records of Collier County, Florida COST: $255.00 REFERENCE#: 2335 FOLIO #: #35992520003 The Clerk shall (by regular mail) mail a copy of this Resolution along ~vith the Notice of Assessment of kicn to the owner(s) of the above-described property. If within twenty (20) days of the date of mailing that copy, the owner fails to deliver payment in full to Collier County, the Resolution and Notice of Assessment shall be recorded in the official records of Collier County, and by recording shall constitute a lien agait~st the above-described real property, and to the extent allowed by law, shall also be a lien upon ;all other real anWor personal property owned by the noted property owner(s) in Collier County. This Resolution passed and duly adopted by the Board of County Commissioners of Collier County, Florida, this __ day of_ ,2003. AWl'EST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORiDA BY: BY: Deputy Clerk Approved as to form and Legal sufficiency: Thomas (~.~balm~r, A'ssistant County Attorney F: LIEN/MSTR RESOLL'TION Tom Henmng, Chairman 16,4 [ DEC 1 6 2003 ,. BO.bID OF COUNTY COMMISSIONERS THROUGH ITS CODE ENFORCEMENT DEPARTMENT COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN Buitrago, Alvaro Veronica Silvia Buitrago 10033 SW 164th PL Miami, Fl. 33196-0000 DATE: REF. INV.# 2335 FOLIO #35992520003 LIEN NUMBER: LEGAL DESCRIPTION: Lot 3 Block 93, Unit 3, according to the Plat thereof as recorded in Plat Book 5, at Page 97 through 105, inclusive of the Public Records of Collier County, Florida You, as the owner(s) of the property above-described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Code Enforcement Director, did determine a public nuisance existed and constituted a violation of county regulations on July 8, 2003, and ordered the abatement of a certain nuisance existing on the above property prohibited by Ordinance No. 99-51 and served a notice of violation upon you. The nuisance is: PROttIBITED ACCUMULAYION OF P*'EEDS, GRASS, OR OTHER SIMILAR NON- PROTECTED OVERGROWTH IN EXCESS OF EIGflTEEN (18) INCHES IN HEIGHT. You failed to abate such nuisamce; whereupon, it was abated by the expenditure of public funds at a direct cost of Fil2v Five ($55.00) Dollars plus an administrative cost of Two Hundred ($200.00) dollars for a total of TWO HUNDRED 3uND FIFTY FIVE DOLLARS ($255.00). Such cost, by Resolution of the Board of County Commissioners of Collier County, Florida, shall become a lien on your property when recorded after approval by the Board. FAILURE IO YLMELY PAY THE AMOUNT SPECIHED IN THIS NOTICE MAY RESULT IN ALIEN AGAINST ALL OF YOUR PROPERTY IN COLLIER COUNTY. F: LIENS/MSTR LNAL AOF. JqOA I'r~aM, DEC 6 2003 RESOLUTION NO. 2003- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR THE ASSESSMENT OF LIEN FOR THE COST OF '[HE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE No. 99-51, AS A~MENDED WHEREAS, as provided in Ordinance No. 99-51, as amended, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Cotmnissioners, together with a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable no later than twenty (20) days of the date of the Legal Notice of Assessment and interest shall accrue on the unpaid balance begriming on the date this Resolution is recorded at the rate of twelve percent (12%) per annum. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the property described as follows, having been abated of a public nuisance after due and proper notice thereof to the owner(s) of said property, is hereby assessed the following costs of such abatement, to wit: NAME: Buitrago, Alvaro & Veronica LEGAL DESCRIPTION: Lot 14, Block 93, GOLDEN GATE, Unit 3, according to the Plat thereof as recorded in Plat Book 5, at Page 100, of the Public Records of Collier County, Florida COST: $255.00 REFERENCE#: 2360 FOLIO #: #35992960003 The Clerk shall (by regular mail) mail a copy of this Resolution along with the Notice of Assessment of Lien to the owner(s) of the above-described property. If within twenty (20) days of the date of mailing that copy, the owner fails to deliver pasTnent in full to Collier County, the Resolution and Notice of Assessment shall be recorded in the official records of Collier County, and by recording shall constitute a lien against the above-described real property, and to the extent allowed by law, shall also be a lien upon all other real and/or personal property owned by the noted property owner(s) in Collier County. This Resolution passed and duly adopted by the Board of County Commissioners of Collier County, Florida, this __ day of __., 2003. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: Deputy Clerk Approved as to form and Legal sufficiency: Thomas 6. Palmer, [Assistant County Attorney BY: Tom Henning, Chairman .&C~I~A ITEM DEC I § 2003 n. /4- F: LIEN/MSTR RESOLUTION BOARD OF C DUNTY COMMISSIONERS THROUGH ITS CODE ENFORCEMENT DEPARTMENT COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN Buitrago, Alvaro Veronica Silvia Buitrago 10033 SW 164th PL Miami, FI. 33196-0000 DATE: REF. INV.# 2360 FOLIO # 35992960003 LIEN NUMBER: LEGAL DESCRIPTION: Lot 14, Block 93, GOLDEN GATE, Unit 3, according to the Plat thereof as recorded in Plat Book 5, at Page 100, of the Public Records of Collier County, Florida You, as the owner(s) of the property above-described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Code Enforcement Director, did determine a public nuisance existed and constituted a violation of county regulations on July 28, 2003, and ordered the abatement of a certain nuisance existing on the above property prohibited by Ordinance No. 99-51 and served a notice of violation upon you. The nuisance is: PROHIBITED ACCUMULATION OF WEEDS, GRASS, OR OTHER SIMILAR NON. PROTECTED OVERGROWTH IN EXCESS OF EIGHTEEN (18) INCHES IN HEIGHT. You failed to abate such nuisance; whereupon, it was abated by the expenditure of public funds at a direct cost of Fifty Five ($55.00) Dollars plus an administrative cost of Two Hundred ($200.00) dollars for a total of TWO HUNDRED AND FIFFY FIVE DOLLARS ($255.OO). Such cost, by Resolution of the Board of County Commissioners of Collier County, Florida, shall become a lien on your property when recorded alqer approval by the Board. FAILURE TO TIMELY PAY THE AMOUNT SPECIFIED IN THIS NOTICE MAY RESULT IN A LIEN AGAINST .ALL OF YOUR PROPERTY IN COLLIER COUNTY F: LIENS/MSTR LNAL A~IDA ITEM DEC 1 6 2003 /o RESOLUTION NO. 2003- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR THE ASSESSMENT OF LIEN FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE No. 99-51, AS AMENDED WHEREAS, as provided in Ordinance No. 99-51, as amended, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property: and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, thc assessment shall become due and payable no later than twenty (20) days of the date of the Legal Notice of Assessment and interest shall accrue on the unpaid balance beginning on the date this Resolution is recorded at the rate of twelve percent (12%) per annum. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the property described as follows, having been abated of a public nuisance alter due and proper notice thereof to the owner(s) of said property, is hereby assessed the following costs of such abatement, to wit: NAME: Milbert, Cletus tt & Anita F. LEGAL DESCRIPTION: Lot 22 Block 165, Unit 5, Golden Gate, according to the Plet thereof recorded in Plat Book 5. Page I 18, of the Public Records of Collier County, Florida COST: $255.00 REFERENCE#: 2348 FOLIO #: 36239720002 The Clerk shall (by regular mail) mail a copy of this Resolution along with the Notice of Assessment of Lien to the owner(s) of the above-described property. If within twenty (20) days of the date of mailing that copy. the owner fails to deliver payment in full to Collier County, the Resolution and Notice of Assessment shall be recorded in the official records of Collier County, and by recording shall cnnstitute a lien against the above-described real property, and to the extent allowed by law, shall also be a lien upon all other real and/or personal property owned by the noted property owner(s) in Collier County. This Resolution passed and duly adopted by the Board of County Commissioners of Collier County, Florida, this day of __, 2003. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: Deputy Clerk Approved as to form and Legal sufficiency: ThomaS. Pal~,¢~ Assistant County Attorney F: LIEN,' MSTR RESOLUTION BY: Tom Henning, Chairman BOARD OF COUNTY CO1MMISSIONERS THROUGH ITS CODE ENFORCEMENT DEPARTMENT COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN Milbert, Cletus H & Anita F 790 Bennett Rd South Daytona, Fl. 32019-0000 DATE REF. 1NV.# 2348 FOLIO #36239720002 LIEN NUMBER: LEGAL DESCRIPTION: Lot 22 Block 165, Unit 5, Golden Gate, according to the Plat thereof recorded in Plat Book 5, Page 118, of the Public Records of Collier County, Florida You, as the owner(s) of the property above-described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Code Enforcement Director, did determiue a public nuisance existed and constituted a violation of county regulations on July 14, 2003, and ordered the abatement of a certain nuisance existing on the above property prohibited by Ordinance No. 99-51 and served a notice of~5olation upon you. The nuisance is.' PROHIBITED ACCUMULATION OF WEEDS, GRASS, OR OTHER SEMILAR NON- PROTECTED OVERGRO~,$q~H IN EXCESS OF EIGHTEEN (18) INCHES IN HEIGHT. You tailed to abate such nuisance; whereupon, it was abated by the expenditure of public funds at a direct cost of Fifty Five ($55.00) Dollars plus an administrative cost of Two Hundred ($200.00) dollars Ibr a total of TWO HUNDRED AND FIFTY FIVE DOLLARS ($255.00). Such cost, by Resolution of the Board of County Commissioners of Collier County, Florida, shall become a lien on your property when recorded after approval by the Board. FAILURE TO TIMELY PAY THE AMOUNT SPECIFIED ~NT THIS NOTICE RESULT IN A LIEN AGAINST ALL OF YOUR PROPERTY IN COLLIER COUNTY. F: LIENS/MSTR LNAL AGENDA ~ lm DEC 1fi2003 { ._17 RESOLUTION NO. 2003- .._ A RESOLUTION OF TIlE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR THE ASSESSMENT OF LIEN FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE No. 99-51, AS AMENDED WHEREAS, as provided in Ordinance No. 99-51, as amended, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable no later than twenty (20) days of the date of the Legal Notice of Assessment and interest shall accrue on the unpaid balance begixming on the date this Resolution is recorded at the rate of twelve percent [ 12%) per annum. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the property described as follows, having been abated of a public nuisance after due and proper notice thereof to the owner(s) of said property, is hereby assessed the following costs of such abatement, to wit: NAME: Wesley C. Cook LEGAL DESCRIPTION: Lot 10, Block 29, NAPLES PARK SUBDIVISION, Unit 3, according to the Plat thereof as recorde{i in Plat Book 3, at Page 5, of the Public Records of Collier County, Florida COST: $255.00 REFERENCE#: 2352 FOLIO #: # 62636920000 The Clerk shall (by regular mail) mail a copy of this Resolution along with the Notice of Assessment of Lien to the owncr(s) of the above-described property. If within twenty (20) days of the date of mailing that copy, the owner fails to deliver payment in full to Collier County, the Resolution and Notice of Assessment shall be recorded in the official records of Collier County, and by recording shall constitute a lien against the above-described real property, and to the extent allowed by law, shall also be a lien upon all other real and/or, personal property owned by the noted property owner(s) in Collier County. This Resolution passed and duly adopted by the Board of County Commissioners of Collier County, Florida, this ___ day of __, 2003. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: Deputy Clerk Approved as to form and Legal sufficiency: Thomas C. Palmer, Assistant County Attorney BY: Tom Henning, Chairman DEC 1 6 2003 F: LIEN/MSTR RESOLUTION BOARD OF COLqNTY CO~MISSIONERS THROUGH ITS CODE ENFORCEMENT DEPARTMENT COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN WESLEY C. COOK 218 Broadway Pt Pleasant Beach, N.J. 87420 DATE: REF. INV.# 2352 FOLIO # 62636920000 LIEN NUMBER: LEGAL DESCRIPTION: Lot 10, Block 29, NAPLES PARK SUBDIVISION, Unit 3, according to the Plat thereof as recorded in Plat Book 3, at Page 5, of the Public Records of Collier County, Florida You, as the owner(s) of the property above-described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Code Enforcement Director, did determine a public nuisanc~ cxi~stcd and constituted a violation of county regulations on July 14, 2003, and ordered tl~e abatement of a certain nuisance existing on the above property I ,ibited by Ordina!3~e No. 99-51 and served a notice of violation upon you. The nuisance is: PROHIBITED ACCUMULATION OF WEEDS, GRASS, OR OTHER SIMILAR NON- PROTECTED OVERGROWTH IN EXCESS OF EIGHTEEN (18) INCHES IN HEIGHT. You failed to abate such nuisance: whereupon, it was abated by the expenditure Of public funds at a direct cost of Filly Five ~555.00) Dollars plus an administrative cost of Two Hundred ($200.00) dollars for a total of TWO ttUNDRED AND FIFTY FI%rE DOLLARS ($255.00). Such cost, by Resolution of the Board of County Commissioners of Collier County, Florida, shall become a lien on your property when recorded after approval by the Board. FAILURE TO TIMELY PAY THE AMOUNT SPECIFIED IN THIS NOTICE ~'IAY RESULT IN A LIEN AGAINST ALL OF YOUR PROPERTY IN .COLLIER COUNTY. F: LIENS/MSTR LNAL DEC 1 6 2003 RESOLUTION NO. 2003- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR THE ASSESSMENT OF LIEN FOR TIlE COST OF '[tie ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE No. 99-51, AS AMENDED WHEREAS, as provided in Ordinance No. 99-51, as amended, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and ~,3tEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and WttEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WItEREAS, the assessment shall become due and payable no later than twenty (20) days of the date of the Legal Notice of Assessment and interest shall accrue on the unpaid balance bc~,inning on the date this Resolution is recorded at the rate of twelve percent (12%) per annum. NOW, TtlEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the properly described as follows, having been abated of a public nuisance after due and proper notice thereof to the owner(s) of said property, is hereby assessed the following costs of such abatement, to NAME: Stonestreet, William M. LEGAL DESCRIPTION: Lol 7 Block C, Riverwood, Unit 1, in accordance with and subject to the plat recorded in Plat Book 8, P' ;3, of the Public Records of Collier County, Florida COST: S255.00 REFERENCE#: 2364 FOLIO #: 69810840006 The Clerk shall (by regular mail) mail a copy of this Resolution along with the Notice of Assessment of Lien to the owner(s) of the above-described propert, y. If within twenty (20) days of the date of mailing that copy, the oxvner thils to deliver pa)Tnent in full to Collier County, the Resolution and Notice of Assessment shall be recorded in the official records of Collier County, and bv recording shall constitute a lien against the above-described real property, and to the extent ailowed by law, shall also be a lien upon all other real an&'or personal property o~med by the noted properly owner(s) in Collier County. This Resolution passed and duly adopted by the Board of County Commissioners of Collier County, Florida, this __ day of ,2003. ATTEST: DWIGHT E. BROCK. Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: Deputy Clerk Approved as to form and Legal sufficiency: Thomas C. Palmer, ~[s~istant County Attorney F: LIEN/MSTR RESOLUTION BY: Tom Henmng, Chairman A~A IT~/~I~I DEC 1 6 2003 BOARD OF COUNTY COMMISSIONERS THROUGH ITS CODE ENFORCEMENT DEPARTMENT COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN Stonestreet, William M. 28 Lakeshore Dr. Hudson, Ma. 17493-0208 DATE REF. INV.# 2364 FOLIO # 69810840006 LIEN NUMBER: LEGAL DESCRIPTION: Lot 7 Block C. Riverwood. [!nit 1, in accordance with and subject to the plat recorded in Plat Book 8, Page 53, of the Public Records of Collier County, Florida You, as the owner(s) of the property, above-described, as recorded in the records maintained by the office of the Property Appraiser. are hereby advised that the Code Enforcement Director. did determine a public nuisance existed and constituted a violation of county regulations on August 10, 2003, and ordered the abatement of a certain nuisance existing on the above property prohibited by Ordinance No. 9c and sen'ed a notice of violation upon you. The nuisance is: PROHIBITED ACCUMULATION OF WEEDS, GRASS, OR OTHER SIMILAR NON- PROTECTED OVERGROWTIt 1N EXCESS OF EIGHTEEN (18) INCHES IN HEIGHT. You failed to abate such nuisance; wherenpon, it was abated by the expenditure of public funds at a direct cost of Fifty Five ($55.00) Dollars plus an administrative cost of Two Hundred ($200.00) dollars for a total of TWO HUNDRED AND FIFTY FIVE DOLLARS ($255.00). Such cost, by Resolution of the Board of County Commissioners of Collier Count,, Florida, shall become a lien on your property when recorded after approval by the Board. FAILURE TO TIMELY PAY THE AMOUNT SPECIFIED IN THIS NOTICE MAY RESULT IN A LIEN AGAINST ALL OF YOUR PROPERTY IN COLLIER COUNTY. F: LIENS/MSTR LNAL AGENOA ITeM ,~ .o. DEC 1 fi 2003 RESOLUTION NO. 2003-~ A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR THE ASSESSMENT OF LIEN FOR THE COST OF TIlE ABA t[:.MENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ()RDINANCE No. 99-51, AS AMENDED ~qqEREAS, as provided in Ordinance No. 99-51, as amended, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property: ,'md WttEREAS, the cost thereof to the Connty as to each parcel shall be calculated and reported to the Board of County Cormnissioners, together with a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable no later than twenty (20) days of the date of the Legal Notice of Assessment and interest shall accrue on the unpaid balance beginning on the date this Resolution is recorded at the rate of twelve percent (12%) per annmn. NOW, TIIEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the property described as follows, having been abated of a public nuisance alter due and proper notice thereof to the oxvner(s) of said property, is hereby assessed the fi)llowing costs of such abatement, to wit: NAME: TSALACH INVESTMENTS LLC LEGAL DESCRIPTION: I.ot 1% Block 191, GOLDEN GATE UNIT 6, according to the Plat there~'f as recorded in Plat Book 5. at Page 124. of the Public Records of Collier County, Florida COST: $255.00 REFERENCE#: 2338 FOLIO #: 36308280004 The Clerk shall (by regular mail) mail a copy of this Resolution along with the Notice of Assessment of Lien to the *~,.~ ner(s~ of the above-described property. If x~dthin twenty (20) days of the date of mailing that copy. the owner fails to deliver pa~,Tnent in full to Collier County, the Resolution and Notice of Assessment shall be recorded in the official records of Collier County, and by recording shall constitute at lien against the above-described real property, and to the extent allowed by law, shall also be a lien upon all other real and/or personal property owned by the noted property o~xmer(s) in Collier County. This Resolution passed and duly adopted by the Board of County Commissioners of ",-'her Cotmty, Florida, this __ day of ,2003. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: Deputy Clerk Approved as to form and Legal sufficiency: Thomas C. Palmer, Assistant County Attorney F: LIL~I/MSTR RESOLUTION BY: Tom Henning, Chairman AGENDA ITEM,f DEC 1 6 2003 BOARD OF COUNTY COMMISSIONERS THROUGH ITS CODE ENFORCEMENT DEPARTMENT COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN TSALACH INVESTMENTS LLC 800 5TM Ave. S. Naples, FI. 34102-6629 DATE: REF. INV.# 2338 FOLIO #36308280004 LIEN NUMBER: LEGAL DESCRIPTION: Lot 19, Block 191, GOLDEN GATE UNIT 6, according to the Plat thereof as recorded in Plat Book 5, at Page 124, of the Public Records of Collier County, Florida You, as the owner(s) of the property above-described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Code Enforcement Director, did determine a public nuisance existed and constituted a violation of county regulations on July 8, 2003. and ordered the abatement of a certain nuisance existing on the above property prohibited by Ordinance No. 99-51 and served a notice of violation upon you. The nuisance is: PROHIBITED ACCUMULATION OF ",VEEDS, GI~' c>, OR OTHER SIMILAR NON- PROTECTED OVERGROWTtt IN EXCESS OF EIGIITEEN (18) INCHES IN HEIGHT. You riffled to abate such nuisance; ;;'hereupon, it was abated by the expenditure of public funds at a direct cost of Fifty Five ($55.00) Dollars plus an administrative cost of Two Hundred ($200.00) dollars t',~r n total of TWO HUNDRED AND FIFTY FIVE DOLLARS ($255.00). Such cost. by Resolution of the Board of County Commissioners of Collier County, Florida, shall become a lien on your property when recorded after approval by the Board. FAILURE 1'O TIMELY PAY THE AMOUNT SPECIFIED IN THIS NOTICE MAY RESULT IN A LIEN AGAINST ALL OF YOUR PROPERTY IN COLLIER COUNTY. F: LIENS/MSTR LN,M~ /o,q/ DEC 1 6 2003 RESOLUTION NO. 2003- . A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR THE ASSESSMENT OF LIFN FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE No. 99-51, AS AMENDED WHEREAS, as provided in Ordinance No. 99-51, as amended, the direct costs of abatement of certain nuisances, including prescribed admimstrative cost incurred by the County, shall be assessed against such property: and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable no later than twenty (20) days of the date of the Legal Notice of Assessment and interest shall accrue on the unpaid balance beginning on the date this Resolution is recorded at the rate of twelve percent (12%) per annum. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORDA, that the property described as follows, having been abated of a public nuisance after due and proper notice thereof to the owner(s) of said property, is hereby assessed the lbllowing costs of such abatement, to wit: NAME: BARON, MIMON LEGAL DESCRIPTION:: Lot 6, LELY COUNTRY CLUB, MUIRFIELD, according to the Plat thereof as recorded in Plat Book 14, at Page 75, of the Public Records of Collier County, Florida COST: $255.00 REFERENCE#~ 2354 FOLIO #: 55200240000 The Clerk shall (by regular mail) mail a copy of this Resolution along with the Notice of Assessment of Lien to the owner(s) of the above-described property. If within twenty (20) days of the date of mailing that copy, the owner fails to deliver payment in tull to Collier County, the Resolution and Notice of Assessment shall be recorded in the official records of Collier County, and by recording shall constitute a lien against the above-described real property, and to the extent allowed by law, shall also be a lien upon all other real and/or personal property owned by the noted property owner(s) in Collier County. This Resolution passed and duly adopted by the Board of County Commissioners of Collier CounW, Florida, this __ day of __, 2003. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF Cou2qTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: Deputy Clerk Approved as to form and Legal sufficiency: Tho Palrher, ~Assistant County Attorney F: LIEN:' MSTR RESOLUTION BY: Tom Henning, Chairman / DEC 1 6 2003 p,. BOARD OF COUNTY COMMISSIONERS THROUGH ITS CODE ENFORCEMENT DEPARTMENT COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN BARON, MIMON 2375 Tamiami Trl N. STE 300 Naples, Fl. 34103-4439 DATE: REF. INV.# 2354 FOLIO #55200240000 LIEN NUMBER: LEGAL DESCRIPTION: Lot 6, LELY COUNTRY CLUB, MUIRFIELD, according to the Plat thereof as recorded in Plat Book 14, at Page 75, of the Public Records of Collier County, Florida You, as the o~mer(s) of the property above-described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Code Enforcement Director, did determine a public nuisance existed and constituted a violation of county regulations on July 22, 2003, and ordered the abatement of a certain nuisance existing on the above property prohibited by Ordinance No. 99-51 and setw'ed a notice ofviolaiion upon you. The nuisance is: PROHIBITED ACCUMULATION OF WEEDS, GRASS, OR OTHER SIMIL ~ NON- PROTECTED OVERGROWTH IN EXCESS OF EIGHTEEN (18) INCHES IN HEIGHT. You failed to abate such nuisance; whereupon, it was abated by the expenditure of public funds at a direct cost of Fifty Five {$55.00) Dollars plus an administrative cost of Two Hundred ($200.00) dollars for a total of TWO HUNDRED AND FII~Iry FIVE DOLLARS ($255.00). Such cost, by Resolution of the Board of County Conmaissioners of Collier County, Florida, shall become a lien on your property when recorded after approval by the Board. FA/LURE TO .TD,1ELY PAY THE AMOUNT SPECIFIED IN THIS NOTICE MAY RESULT 1N A LIEN AGAINST ALL OF YOUR PROPERTY IN COLLIER COUNTY. F: L[LrNS/MSTR LNAL AC.~A DEC 1 6 2003 RESOLUTION NO. 2003- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR THE ASSESSMENT OF LIEN FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE No. 99-51, AS AMENDED WHEREAS, as provided in Ordinance No. 99-51, as amended, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and WHEREA?, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable no later than twenty (20) days of the date of the Legal Notice of Assessment and interest shall accrue on the unpaid balance beginning on the date this Resolution is recorded at the rate of twelve percent (12%) per annum. NOW~ YHEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the property described as follows, having been abated public nuisances after due and proper notice thereof to the owner(s) of said property, is hereby assessed the following costs of snch abatements, to xvit: NAME: Lora. Bulfrano LEGAL DESCRIPTION: Lot 1, 2 and 3, Block 12, NAPLES MANOR EXTENTION, according to the Plat thereof as recorded in Plat Book 3, Page(s) 102, of the Public Records of Collier County, Florida COST: $255.00 COST: $255.00 COST: $255.00 REFERENCE#: 2407 REFERENCE#: 2410 REFERENCE#: 2411 FOLIO #: 62207280001 FOLIO #: 62207280001 FOLIO #: 62207280001 The Clerk shall (by regular mail) mail a copy of this Resolution along with the Notice of Assessment of Lien to the owner(s) of the above-described property. If within twenty (20) days of the date of mailing that copy, the owner fails to deliver payment in full to Collier County, the Resolution and Notice of Assessment shall be recorded in the official records of Collier County, and by recording shall constitute a lien against the above-described real properiy, and to the extent allowed by law, shall also be a lien upon all other real and/or personal property owned by the noted property owner(s) in Collier County. This Resolution passed and duly adopted by the Board of County Commissioners of Collier County, Florida, this __ day of __, 2003. ATTEST: D\VIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: BY: Deputy Clerk Approved as to form and Legal sufficiency: Thomas C. Palmer, Assistant County. Attorney F: LIEN/MSTR KESOLUTION Tom Henning, Chairman DEC 1 6 2003 Lora, Bulfrano 5213 Carlton St Naples, Fl. 34113 BOARD OF COUNTY COMMISSIONERS THROUGH ITS CODE ENFORCEMENT DEPARTMENT COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN DATE: REF. INV.# 2407 REF. INV.# 2410 REF. INV.# 2411 FOLIO # 62207280001 FOLIO # 62207280001 FOLIO # 62207280001 LIEN NUMBER: LIEN NUMBER: LIEN NUMBER: I.EGAL DESCRIPTION: Lot 1, 2 ,and 3. Block 12, NAPLES MANOR EXTENTION, according to the Plat thereof as recorded in Plat Book 3, Page(s) 102 of the Public Records of Collier County, Florida You. as the owner(s) of the property above-described, as recorded in the records maintained by the office of the Property Appraiser. are hereby advised that the Code Enforcement Director. did determine public nuisances existed and constituted a violation of county regulations on August 15, 2003. and ordered the abatement of certain nuisances existing on the above property prohibited by Ordinance No. 99-51 and setwed notices of violation upon you. The nuisances are: PROtlIBITED ACCUMULATION OF 'vVEEDS, GRASS, OR OTHER SIMILAR NON- PROTECTED OVERGROWTH IN EXCESS OF EIGItTEEN (18) INCHES IN HEIGHT. You failed to abate such nuisances; v~hereupon, it was abated by the expenditure of public funds at a d_irect cost of Fifty Five ($55.00) Dollars plus an administrative cost of Two [hmdred ($200.00) dollars for a total of TWO HUNDRED AND FIFTY FIVE DOLLARS ($255.00) for each nuisance, for a total of SEVEN HUNDRED AND SIXTY FIVE DOLLARS ($765.00) ($255.00 X 3 abatements). Such cost. by Resolution of the Board of County Commissioners of Collier County, Florida, shall become liens on your property when recorded after approval by the Board. FAILURE TO TIMELY PAY THE AMOUNTS SPECIFIED IN THIS NOTICE MAY RESULT IN LIENS AGAINST ALL OF YOUR PROPERTY IN COLLIER COUNTY. F: LIENS/MSFR LNAL ACtA I~ DEC 16 2003 RESOLUTION NO. 2003- A RESOLUTION OF THE BOARD oF COUNTY COMMISSIONERS PROVIDING FOR THE ASSESSMENT OF LIEN FOR THE COST OF THE ABAIEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE No. 99-51, AS AMENDED WHEREAS, as provided in Ordinance No. 99-51, as amended, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and x,%q:tEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and V~qqEREAS. such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable no later than twenty (20) days of the date of the Legal Notice of Assessment and interest shall accrue on the unpaid balance beginmng on the date this Resolution is recorded at the rate of twelve percent (12%) per annum. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the property described as follows, having been abated of a public nuisance after due and proper notice thereof to the owner(s) of said property, is hereby assessed the tbllowing costs of such abatement, to wit: NAME: Condon. Kelly LEGAL DESCRIPTION: Lot 8 Block E, MYRTLE COVE ACRES, per Plat recorded in Plat Book 3, of the Public Records of Collier County, Florida. COST: $255.00 REFERENCE#: 2413 FOLIO #: 60783600000 The Clerk shall (by regular mail) mail a copy of this Resolution along with the Notice of Assessment of Lien to the owner(s) of the above-described property. If within twenty (20) days of the date of mailing that cop>, the owner fails to deliver payment in full to Collier County, the Resolution and Notice of Assessment shall be recorded in the official records of Collier County, and by recording shall constitute a lien against the above-described real property, and to the extent ailowed by law, shall also be a lien upon all other real and'or personal property owned by the noted property owner(s) in Collier County. This Resolution passed and duly adopted by the Board of County Commissioners of Collier County, Florida, this .... day of __,, 2003. A I-TEST: D'~VIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: Deputy Clerk Approved as to form and Legal sufficiency: Tho m asaP. p a?mer,~A s~s i:S~ty Attorney F: LIEN/MSTR RESOLUTION BY: Tom Henning, Chairman DEC 1 6 2003 BOARD OF COUNTY COMMISSIONERS THROUGH ITS CODE ENFORCEMENT DEPARTMENT COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN Condon, Kelly 312 Southwind Ct. #102 N. Palm Beach, Fl. 33408-5304 DATE: REF. INV.# 2413 FOLIO: 060783600000 LIEN NUMBER: LEGAL DESCRIPTION: Lot 8 Block E, MYRTLE COVE ACRES, per Plat recorded in Plat Book 3, of the PuNic Records of Collier County, Florida. You, as the owner(s) of the property above-described, as recorded in the records maintained by the office of the Property Appraiser, are herebv advised that the Code Enforcement Director, did determine a public nuisance existed and constituted a violation of county regulations on September 15, 2003, and ordered the abatement of a certain nuisance existing on the above property prohibited by Ordinance No. ~9-51 and served a notice of violation upon you. The nuisance is: PROHIBITED ACCUMUI~ATION OF WEEDS, GRASS, OR OTHER SIMILAR NON- PROTECTED OVERGRO~VTIt IN EXCESS OF EIGHTEEN (18) INCHES IN HEIGHT. You thiled to abate such nuisance; whereupon, it was abated by the expenditure of public funds at a direct cost or' Fifty Five ($55.00) Dollars plus an administrative cost of Two tlundred {$200.00) dollars t,,r a total of TWO HUNDRED AND FIFTY FIVE DOLLARS ($255.00). Such cost. by Resolution of the Board of County Commissioners of Collier County, Florida. shall become a lien on your property when recorded after approval by the Board. FAILURE TO TIMELY PAY THE AMOUNT SPECIFIED IN THIS NOTICE MAY RESULT IN A LIEN AGAINST ALL OF YOUR PROPERTY IN _COLLIER COUNTY. F: LIENS/MSTR I~NAL DEC 1 6 2003 RESOLUTION NO. 2003-__ A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR TIlE ASSESSMENT OF LIEN FOR THE COST OF I'ilE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE No. 99-51, AS AMENDED WHEREAS, as provided in Ordinance No. 99-51, as amended, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WltEREAS, the assessment shall become due and payable no later than twenty (20) days of the date of the Legal Notice of Assessment and interest shall accrue on the unpaid balance beginning on the date this Resolution is recorded at the rate of twelve percent (12%) per annum. NOW, T}tEREFORE, BE IT RESOLVED BY IHE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the property described as follows, having been abated of a public nuisance after due and proper notice thereof to the ox~aqer(s) of said property, is hereby assessed the follox~dng costs of such abatement, to wit: NAME: CNC INVESTMENTS LLC LEGAL DESCRIPTION: Lot 16, Block 140, OF golden gate unit 4, according to ~he plat or map thereof, as recorded in Plat Book 5, al page 107 - 116 inclusive, of the Public Records of Collier County, Florida. COST: $255.00 REFERENCE#: 2404 FOLIO #: 36126560003 The Clerk shall (by regular mail) mail a copy of this Resolution along x~'ith the Notice of Assessment of Lien to the owner(s) of the above-described property. If within twenty (20) days of the date of mailing that copy, the ox~mer fails to deliver payment in full to Collier County, the Resolution and Notice of Assessment shall be recorded in the official records of Collier County, and by recording shall constitute a lien against the above-described real property, and to the extent ailowed by law, shall also be a lien upon all other real an&/or personal property ow'ned by the noted property owner(s) in Collier County. This Resolution passed and duly adopted by the Board of County Commissioners of Collier County, Florida, this __ day of ,2003. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: BY: Deputy Clerk Approved as to form and Legal sufficiency: Thomas C.~ Palmer, ~ssistant County Attorney F: LIEN/MSTR RESOLLrrlON Tom Henning, Chaim~an AGENDA rl'~"d DEC 1 6 2003 BOARD OF COUNTY COMMISSIONERS THROUGH ITS CODE ENFORCEMENT DEPARTMENT COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN CNC INVESTMENTS LLC 9141 Quarter Moon Dr. Naples, Fi. 34109-0000 DAVE: REF. INV.# 2404 FOLIO: 36126560003 LIEN NUMBER: LEGAL DESCRIPTION: Lot 16, Block 140, OF golden gate unit 4, according to the plat or map thereof, as recorded in Plat Book 5, at page 107 - 116 inclusive, of the Public Records of Collier County, Florida. You, as the owner(s) of the property above-described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Code Enforcement Director, did determine a public nuisance existed and constituted a violation of county regulations on September 15, 2003, and ordered the abatement of a certain nuisance existing on the above property prohibited by Ordinance No. 99-51 and served a notice of violation upon you. The nuisance is: --PROHIBITED ACCUMULATION OF '~VEEDS, GRASS, OR OTHER SIMILAR NON- PROTECTED OVERGROWTII IN EXCESS OF EIGHTEEN (18) INCHES IN HEIGHT. You failed to abate such nuisance: whereupon, it ;;,as abated by the expenditure of public funds at a direct cost of Fitly Five ($55.00) Dollars plus an administrative cost of Two Hundred ($200.00) dollars for a total of T'WO HUNDRED AND FIFTY FIVE DOLLARS ($255.O0). Such cost, by Resolution of the Board of County Commissioners of Collier County, Florida, shall become a lien on your property when recorded after approval by the Board. FAILURE TO TIMELY PAY THE AMOUNT SPECIFIED IN THIS NOTICE MAY RESULT IN A LIEN AGAINST :&LL OF YOUR PROPERIY IN COLLIER COUNTY. F: IJENS/MS'fR LNAI. ITEM ! I DEC 6 2003 RESOLUTION NO. 2003-~ A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR THE ASSESSMENT OF LIEN FOR THE COST OF THE ABATEMENt' OF PUBLIC NUISANCE, IN ACCORDP3qCE WITH ORDINANCE No. 99-51, AS AMENDED WHEREAS, as provided in Ordinance No. 99-51, as amended, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable no later than twenty (20) days of the date of the Legal Notice of Assessment and interest shall accrue on the unpaid balance beginning on the date this Resolution is recorded at the rate of twelve percent (12%) per annum. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the property described as follows, having been abated of a public nuisance after due and proper notice thereof to the owner(s) of said property, is hereby assessed the folloxving costs of such abatement, to wit: NAME: Shelton, Randolph A. LEGAL DESCRIPTION: Lot 9 Block 29, Golden (k~te Unit 2, in accordance with and subject to the plat recorded in Plat book 5, Pages 65 through 77, ir~clusive, Public Records of Collier County, Florida. COST: $255.00 REFERENCE#: 2454 FOLIO #: 35753000005 The Clerk shall (by regular mail) mail a copy of this Resolution along with the Notice of Assessment of Lien to the owner(s) of the above-described property. If within twenty (20) days of the date of mailing that copy, the owner fails to deliver payment in full to Collier County, the Resolution and Notice of Assessment shall be recorded in the official records of Collier County, and by recording shall constitute a lien against the above-described real property, and to the extent allowed by law, shall alsq be a lien upon all other real and/or personal property owned by the noted property owner(s) in Collier County. This Resolution passed and duly adopted by the Board of County Commissioners of Collier County, Florida, this ___ day of __, 2003. Aq~TEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: BY: Deputy Clerk Approved as to form and Legal sufficiency: Thomas ~. Palm[r, )[ssistant County Attorney F: LILZN/MS'IR RF. SOLUTION Tom Henmng, Chairman AGENOA I'r~r-M DEC 1 2003 ,.. BOARD OF COUNTY COMMISSIONERS THROUGH ITS CODE ENFORCEMENT DEPARTMENT COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN Shelton, Randolph A 2338 Immokalee Rd. Naples, Fl 34110-1445 DATE: REF. INV.# 2454 FOLIO # 35753000005 LIEN NUMBER: LEGAL DESCRIPTION: Lot 9 Block 29, Unit 2, Golden Gate, in accordance with and subject to the Plat recorded in Plat Book 5, Page 65 through 77, inchisive of the Public Records of Collier County, Florida You, as the owner(s) of the property above-described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Code Enforcement Director, did determine a public nuisance existed and constituted a violation of county regulations on September 29, 2003, and ordered the abatement of a certain nuisance existing on the above properly prohibited by Ordinance No. 99-51 and served a notice of violation upon you. The nuisance is: PRC ~BITED ACCUMULATION OF ',VEEDS, GRASS, OR OTHER SIMILAR NON- PROTECTED OVERGRO~,gq'H IN EXCESS OF EIGHTEEN (18) INCHES IN HEIGHT. You failed to abate such nuisance: whereupon, it was abated by the expenditure of public funds at a direct cost of Fifty Five ($55.00) Dollars plus an administrative cost of Two Hundred ($200.00) dollars for a total of TWO HUNDRED AND HFTY FIVE DOLLARS ($255.00). Such cost, by Resolution of the Board of County Commissioners of Collier County, Florida, shall become a lien on your property when recorded after approval by the Board. FAILURE TO TIMELY PAY THE AMOUNT SPECIFIED IN THIS NOTICE MAY RESULT LN A LIEN AGAINST ALL OF YOUR PROPERTY IN ,COLLIER COUNTY~ F: LIENS, MSTR LNAL AO~IOA ~ / DEC 2003 RESOLUTION NO. 2003- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR THE ASSESSMENT OF LIEN FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, 1N ACCORDANCE WITH ORDINANCE No. 99-51, AS AMENDED WHEREAS, as provided in Ordinance No. 99-51, as amended, the direct costs of abatement of certain nuis~mces, including prescribed administrative cost incurred by the County, shall be assessed against such property: and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Conunissioners, together with a description of said parcel; and WHEREAS. such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable no later than twenty (20) days of the date of the Legal Notice of Assessment and interest shall accrue on the unpaid balance beginning on the date this Resolution is recorded at the rate of twelve percent (12%) per annum. NOW, I'HEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLkIER COUNTY, FLORIDA, that the property described as follows, having been abated of a public nuisance after due and proper notice thereof to the owner(s) of said properly, is hereby assessed thc fiqlowing costs of such abatement, to ~vit: NAME: Ramos, Luis C. & Marvorie E. LEGAL DESCRIPTIC : L~t 3, Block 195, Golden Gate, Unit 6, according to the Plat thereof, of Record in Plat Book 5, [ 124 through 134, of the Public Records of Collier County, Florida COST: $255.00 REFERENCE#: 2400 FOLIO#: 36312000005 The Clerk shall tl>/, regular mail) mail a copy of this Resolution along with the Notice of Assessment of Lien to the owner(s) of the above-described property. If within twenty (20) days of the date of mailing that cop,',, thc owner fails to deliver payment in full to Collier County, the Resolution and Notice of Assessment shall be recorded in the official records of Collier County, and by recording shall constitute a lien against the above-described real property, and to the extent allowed by law, shall also be a lien upon all other real and/or personal property owned by the noted property owner(s) in Collier County. This Resolution passed and duly adopted by the Board of County Commissioners of Collier County, Florida, this ___ day of .., 2003. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: Deputy Clerk Approved as to form and Legal sufficiency: Thomas C: l~alm~'r, ~ssistant County Attorney F: LIEN/MSTR RESOLUTION BY: Tom Henning, Chairman DEC 1 [ 2003 BOARD OF COUNTY COMMISSIONERS THROUGH ITS CODE ENFORCEMENT DEPARTMENT COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN Ramos, Luis C & Maryorie E. 485 20th Ave NW Naples, Fl. 34120 DATE: REF. INV.# 2400 FOLIO # 36312000005 LIEN NUMBER: LEGAL DESCRIPTION: Lot 3, Block 195, Golden Gate, Unit 6, according to the Plat thereof, of Record in Plat Book 5, Pages 124 through 134, of the Public Records of Collier County, Florida You, as the owner(s) of the property above-described, as recorded in the records Inaintained by the office of the Property Appraiser, are hereby advised that the Code Enforcement Director. did deter/nine a public nuisance existed and constituted a violation of county regulations on September 16, 2003. and ordered the abatement of a certain nuisance existing on the above property prohibited by Ordinance No. 99-51 a~d served a notice of violation upon you. The nuisance is: PROHIBITED ACCU31ULAII .~ OF WEEDS, GRASS, OR OTHER SIMILAR NON- PROTECTED OVERGRO'O, TH IN EXCESS OF EIGHTEEN (18) INCHES 1N HEIGHT. You ~::ailcd to ~bate such nuisance: whereupon, it was abated by the expenditure of public funds at a direct c,~<t of Fifty Five ($55.00) Dollars plus an administrative cost of Two Hundred ($200.00) dollars t'or a total of T~,VO HUNDRED AND FIFTY FIVE DOLLARS ($255.00). Such cost, by Resolution of the Board of County Commissioners of Collier County, Florida, shall become a lien on 3'our property when recorded after approval by the Board. FAILURE TO _TIMELY PAY THE AMOUNT SPECIFIED IN THIS NOTICE MAY RESULT IN A LIEN AGAINST ALL OF YOUR PROPERTY IN ..COLLIER COUNTY, F: LLENS,' MSTR LNAL DEC I 6 2003 RESOLUTION NO. 2003- _ A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR THE ASSESSMENT OF LIEN FOR TttE COST OF Tile ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITIt ORDINANCE No. 99-51, AS AMENDED WHEREAS, as provided in Ordinance No. 99-51, as amended, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable no later than twenty (20) days of the date of the Legal Notice of Assessment and interest shall accrue on the unpaid balance beginning on the date this Resolution is recorded at the rate of t~velve percent (12%) per annum. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the property described as follows, having been abated of a public nuisance after due and proper notice thereof to the owner(s) of said property, is hereby assessed the following costs of such abatement, to wit: NAME: Barbara L. Galloway LEGAL DESCRIPTION: SEE ATTACItED EXItlBIT "A" COST: $ 400.'00 REFERENCE#: 2421 FOLIO#: 01131800000 The Clerk shall Coy regular mail) mail a copy of this Resolution along with the Notice of Assessment of Lien to the owner(s) of the above-described property. If within twenty (20) days of the date of mailing that copy, the owner fails to deliver pay~nent in full to Collier County, the Resolution and Notice of Assessment shall be recorded in the official records of Collier County, and by recording shall constitute a lien against the above-described real property, and to the extent allowed by law, shall also be a lien upon all other real and/or personal property owned by the noted property owner(s) in Collier County. This Resolution passed and duly adopted by the Board of County Commissioners of Collier County, Florida, this __ day of ,2003. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: BY: Deputy Clerk Approved as to form and Legal sufficiency: ~'"'~lax ~ orne Thomas C. Palmer, Assistant County Att y F: LIEN/MSTR RESOLUTION Tom Henning, Chairman DEC 1 6 2 '-33 BOARD OF COUNTY COMMISSIONERS THROUGH ITS CODE ENFORCEMENT DEPARTMENT COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT O¥ LIEN Barbara L Galloway PO Box 196 Everglades City, FI. 34139~0196 DATE: REF. INV.# 2421 FOLIO # 011318000001 LIEN NUMBER: LEGAL DESCRIPTION: SEE ATTACHED EXHIBIT "A' You, as the owner(s) of the property above-described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Code Enforcement Director, did determine a public nuisance existed and constituted a violation of county regulations on September 15, 2003, and ordered the abatement of a certain nuisance e×istmg on the above property prohibited by Ordinance No. 99-51 and served a notice of violation upon you. Thc nuisance is: PROHIBITED ACCUMULATION OF WEEDS, GRASS, OR OTIIER SIMILAR NOV PROTECTED OVERGROWTH IN EXCESS OF EIGHTEEN (18) INCIIES IN HEIGHT. You failed to abate such nuisance; whereupon, it was abated by the expenditure of public funds at a direct cost of Two Hundred Dollars ($200.00) Dollars plus oa~ administrative cost of I'wo Hundred ($200.00) dollars for a total of FOUR HUNDRED DOLLARS ($400.00). Such cost, by Resolution of the Board of County Commissioners of Collier County, Florida, shall become a lien on your property when recorded alter approval by the Board. FAILURE TO TIMELY PAY TIlE AMOUNT SPECIFIED IN TillS NOTICE 5lAY RESULT IN A LIEN AGAINST ALL OF YOUR PROPERTY IN COLLIER COUNTY. F: LIENS,, MSTR LNAL A~NDA I'I'J[M t6, I DEC 1 6 2003 RESOLUTION NO. 2003- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR 'FILE ASSESSMENT OF LIEN FOR THE COST OF TIlE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE V~ITtt ORDINANCE No. 99-51. AS AMENDED WHEREAS, as provided in Ordinance No. 99-51, ~ amended, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together wSth a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid: and WttEREAS, the assessment shall become due and payable no later than twenty (20) davs of the date of the Legal Notice of Assessment and interest shall accrue on the unpaid balance beginning on the date this Resolution is recorded at the rate of twelve percent (12%) per annum. NOW, TIIEREFORE. BE IT RESOLVED BY TIlE BOARD OF COUNTY COMNilSSIONERS OF COLLIER COLFNTY, FLORIDA, that the properly described as follows, having been abated of a public nuisance after due and proper notice thereof to the owner(s) of said property, is hereby assessed thc folloxving costs of such abatement, to wit: NAME: Cheryl L. Dion LEGAL DESCRIPTION: Unit 41, West Wind Mobile Home Estates, a Condominium, according to the Declaration of Condominium thereof recorded in official record book 630 at pages 1883 to 1932, inclusive, of the Public Records of Collier County, Florida COST: $255.00 REFERENCE#: 2380 FOLIO #: 81621640004 The Clerk shall Iby regular mail) mail a copy of this Resolution along with the Notice of Assessment of Lien to the oxxq~er(s) of the above-described property. If within txventy (20) days of the date of mailing that copy, the owner fails to deliver payment in full to Collier County, the Resolution and Notice of Assessment shall be recorded in the official records of Collier County, and by recording shall constitute a lien against the above-described real properly, and to the extent allowed by laxv, shall also be a lien upon all other real and/or personal property, owned by the noted property owner(s) in Collier County. This Resolution passed and duly adopted by the Board of County Commissioners of Collier County, Florida, this __ day of__ ,2003. ATTEST: DWIGHT E. BROCK. Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: Deputy Clerk Approved as to form and Legal sufficiency: Thom as'-~. Pa~m'er, AgssifA~s~~ Attorney F: LIENI MSTR RESOLUTION BY: Tom Ilenning. Chairman DEC 1 6 2003 BOARD OF COUNTY COMMISSIONERS THROUGH ITS CODE ENFORCEMENT DEPARTMENT COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN Cheryl L. Dion 101 Grassy Key Ln. Naples, Fl. 34112-8403 DATE: REF. INV.~ 2380 FOLIO # 81621640004 LIEN NUMBER: LEGAl. DESCRIPTION: Unit 41. West Wind Mobile ltome Estates, a Condominium, according to the Declaration of Condominium thereof recorded in official record book 630 at pages 1883 to 1932, inclusive, of the Public Records of Collier County. Florida You, as the owner,s) of the property above-described, as recorded in the records maintained by the office of the Property Appraiser. are hereby advised that the Code Enforcement I3i rector, did determine a public nuisance existed and constituted a violation of county regulations on August 18, 2003. and ordered the abatement ora certain nuisance existing on the above property prohibited by Ordinance No. 99-51 and served a notice of violation upon you. The nuisance is: PROHIBITED ACCUMULATION OF WEEDS, GRASS, OR OTHER SIMILAR NON- PROTECTED OVERGROWTH IN EXCESS OF EIGHTEEN {18) INCHES IN HEIGHT. You failed to abate such nuisance; v;hereupon, it was abated by the expenditure of public funds at a direct cost of Fifty Five ($55.00) Dollars plus an administrative cost of Two Hundred ($200.00) dollars fbr a total of T'O,'O tIUNDRED AND FIFTY FIVE DOLLARS ($255.00). Such cost, by Resolution of the Board of County Coxnmissioners of Collier County, Florida, shall become a lien on 3'our property when recorded after approval by the Board. FAILURE TO TIMELY PAY THE AMOUNT SPECIFIED IN THIS NOTICE MAY RESULT IN A LIEN AGAINST ALL OF YOUR PROPERTY IN ..COLLIER COUNTY F: LI~,IS: MSTR LNAL DEC I 6 2003 RESOLUTION NO. 2003- . A RESOLUTION OF ]'HE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR THE ASSESSMENT OF LIEN FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITtt ORDINANCE No. 99-51, AS AMENDED WHEREAS, as provided in Ordinance No. 99-51, as amended, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property: and W'::EREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assess~nent shall become due and payable no later than twenty (20) days of the date of the Legal Notice of Assessment and interest shall accrue on the unpaid balance beginning on the date this Resolution is recorded at the rate of twelve percent (12%) per annum. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the property described as follows, having been abated of a public nuisance after due and proper notice thereof to the owner(s) of said property, is hereby assessed thc fi~llowing costs of such abatement, to wit: NAME: TREMBLAY. CIA DF'FIE LEGAL DESCRIPTION: Lot 19, Block 100, Unit 3, Part__ Golden Gate, according to the plat thereof recorded in Plat Book 5. Page 101, of the Public Records of Collier County Florida. COST: $255.00 REFERENCE#: 2374 FOLIO #: 36000240009 The Clerk shall (by regular mail) mail a copy of this Resolution along with the Notice of Assessment of Lien to the owner(s) of the above-described property. If within twenty (20) days of the date of mailing that copy. thc owne~ fails to deliver payment in full to Collier County, the Resolution and Notice of Assessment shall be recorded in the official records of Collier County, and by recording shall constitute a lien against the above-described real property, and to the extent allowed by law, shall also be a lien upon all other real and/or personal property owned by the noted property owner(s) in Collier County. This Resolution passed and duly adopted by the Board of County Commissioners of Collier CounW, Florida, this .... day of __, 2003. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORiDA BY: BY: Deputy Clerk Approved as to form and legal sufficiency: Thomas C. Palmer, Assistant County. Attorney F: LIE-N/MSTR RESOLUTION Tom Henning, Chairman AGE~A IT~ ~ DE(; 1 2003 BOARD OF COUNTY COMMISSIONERS THROUGIt ITS CODE ENFORCEMENT DEPARTMENT COLLIER COUNTY, FLORIDA I,EGAL NOTICE OF ASSESSMENT OF LIEN Tremblay, Claudette DATE: Maurice Tremblay 50 Ardmore Rd West Hartford, CT 06110-2430 REF. INV.# 2374 FOLIO # 36000240009 LIEN NUMBER: LEGAL DESCRIPTION: Lot 19, Block 100. Unit 3, Pan Golden Gate, according to the plat thereof recorded in Plat Book 5, Page 101, of the Public Record~ of Collier Coun~ Florida. You, as the owner(s) of the property above-described, as recorded in the records maintained by the office of the Property Appraiser, ~e hereby advised that the Code Enforcement Director, did determine a public nuisance existed and constituted a violation of county regulations on August 7, 2003, and ordered the abatement of a certain nuisance existing on the above property prohibited by Ordinance No. 99-51 and served a notice of violation upon you. The nuisance is: PROHIBITED ACCUMULATION OF WEEDS, GRASS, OR OTHER SIMILAR NON- PROTECTED OVERGROWTIt IN EXCESS OF EIGHTEEN (18) INCHES IN HEIGHT AND PROHIBITED DUMPING, ACCUMULATION, STORAGE OR BURIA~L OF LITTER WASTE OR ABANDONED PROPERTY. You failed to abate such nuisance; whereupon, it was abated by the expenditure of public funds at a &rc, t ,,,..t of Fifty Five ($55.00) Dollars plus an administrative cost of Two Hundred (S200.00) dollars r'or a total of TWO HUNDRED AND FIFty FIVE DOLLARS ($255.00). Such cost. by Resolution of the Board of County Commissioners of Collier County, Florida, shall become a lien on your property when recorded after approval by the Board. FAILURE TO FIMELY PAY THE AMOUNT SPECIFIED IN THIS NOTICE MAY RESULT IN A LIEN AGAINST .ALL OF YOUR PROPERTY IN COLLIER COUNTY. F: LIENS,' MSTR LNAL AC3Eh4DA ITEM DEC 1 6 2003 ..._. RESOLUTION NO. 2003- A RESOLUTION OF ]'HE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR THE ASSESSMENT OF LIEN FOR THE COST OF THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITH ORDINANCE No. 99-51, AS AMENDED WHEREAS. as provided in Ordinance No. 99-51, as amended, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable no later than twenty (20) days of the date of the Legal Notice of Assessment and interest shall accrue on the unpaid balance beginning on the date this Resolution is recorded at the rate of twelve percent (12%) per annum. NOW. THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the property described as follows, having been abated of a public nuisance al~ter due and proper notice thereof to the o~vner(s) of said properly, is hereby assessed the following costs of such abatement, to wit: NAxME: SEVA EST, ARMAND, RAUL SEVA LEGAL DESCRIPTION: Lot 127, ISLES OF CAPRI #1, according to the plat thereof, recorded in Plat Book, 3, at Page 41. of the Public Records of Collier County, Florida. COST: $255.00 REFERENCE#: 2412 FOLIO #: 52344760009 The Clerk shall (by regular mail) mail a copy of this Resolution along with the Notice of Assessment of Lien to the mxmer(s) of the above-described property. If within twenty (20) days of the date of mailing that copy, the owner fails to deliver pa>a~mnt in tull to Collier County, the Resolution and Notice of Assessment shall be recorded in the official records of Collier County, and by recording shall constitute a lien against the above-described real property, and to the extent allowed by law, shall ~so be a lien upon all other real an&or personal property owned by the noted property owner(s) in Collier County. This Resolution passed and duly adopted by the Board of County Commissioners of Collier County, Florida, this __ day of __, 2003. ATI'EST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA BY: BY: Deputy Clerk Approved as to form and legal sufficiency: Thomas C. Palmer, Assistant County Attorney F: LIEN/MSTR RESOLUTION Tom Henning, Chairman ACtA ITEM, DEC 1 6 2003 .,. BOARD OF COUNTY COMMISSIONERS TttROUGH ITS CODE ENFORCEMENT DEPARTMENT COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN Sera Est Armand DATE: Raul Sera 25 Dolphin Cir Naples, FL 34113-4017 REF. INV.# 2412 FOLIO # 52344760009 LIEN NUMBER: LEGAL DESCRIPTION: Lot 127, ISLES OF CAPRI #1, according to the plat thereof, recorded in Plat Book, 3, at Page 41, of the Public Records of Collier County, Florida. You, as the owner(s) of the property above-described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Code Enforcement Director, did determine a public nuisance existed and constituted a violation of county regulations on August 7, 2003, and ordered the abatement of a certain nuisance existing on the above property prohibited by Ordinance No. 99-51 and served a notice of violation upon you. The nuisance is: PROHIBITED ACCUMULATION OF ~VEEDS, GRASS, OR OTHER SIMILAR NON- PROTECTED OVERGROXWTH IN EXCESS OF EIGHTEEN (18) [NCHES IN HEIGHT AdND PROIlIBITED DL3IPING, ACCUMULATION, STORAGE OR BURIAL OF LITTER ~,VASTE OR ABANDONED PROPERTY. You failed to abate such nuisance: ~vhereupon, it was abated by the expenditure of public funds at a direct cost of Filly Five ~S55.00) Dollars plus an administrative cost of Two Hundred ($200.00) dollars tbr a total of T~VO HUNDRED AND FIFTY FIVE DOLLARS ($255.00). Such cost, by Resolution of the Board of County Commissioners of Collier County, Florida, shall become a lien on your property when recorded after approval by the Board. FAILURE TO .T. IMELY PAY THE AMOUNT SPECIFIED IN THIS NOTICE MAY RESULT IN A LIEN AGAINST ALL OF YOUR PROPERTY IN _C. OLLIER COUNTY. F: LIENS/MSTR LNAL A6J~'qDA IIEM DEC 1 6 2003 RESOLUTION NO. 2003- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS PROVIDING FOR THE ASSESSMENT OF LIEN FOR THE COST OF -['HE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE WITlt ORDINANCE No. 99-51, AS AMENDED WHEREAS, as provided in Ordinance No. 99-51, as amended, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable no later than txventy (20) days of the date of the Legal Notice of Assessment and interest shall accrue on the unpaid balance begimfing on the date tiffs Resolution is recorded at the rate of twelve percent (12%) per annum. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the property described as follows, having been abated of a public nuisance after due and proper notice thereof to the owner(s) of said property, is hereby assessed the tbllowing costs of such abatement, to wit: NAME: WILKINSON-MEFFERT CONSTRUCTION COMPANY. IrC LEGAL DESCRIPTION: Lot 3 Block 40, Unit 2, Golden Gate, according to the Plat in Plat Book 5, Page 65 through 77, inclusive of the Public Records of Collier County, Florida COST: $255.00 REFERENCE#: 2389 FOLIO#: 35761120003 The Clerk shall (by regular ~nail) mail a copy of this Resolution along with the Notice of Assessment of Lien to the owner(s) of the above-described property. If within twenty (20) days of the date of mailing that copy, the owner fails to deliver pa)anent in full to Collier County, the Resolution and Notice of Assessment shall be recorded in the official records of Collier County, and by recording shall constitute a lien against the above-described real property, and to the extent allowed by law, shall also be a lien upon all other real and/or personal property owned by the noted property owner(s) in Collier County. This Resolution passed and duly adopted by the Board of County Commissioners of Collier County, Florida, this __ day of __, 2003. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY CONIMISSIONERS COLLIER COUNTY, FLORIDA BY: BY: Deputy Clerk Approved as to form and Legal sufficiency: Thomas t2. Paltrier, Assistant County Attorney F: LIEN/MSTR RESOLUTION Tom Henning, Chairman DEC 1 6 2.003 BOARD OF COUNTY COMMISSIONERS THROUGH ITS CODE ENFORCEMENT DEPARTMENT COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN Wilkinson-Meffert Cnst Co lnc % Avatar 201 Alhambra Circle Coral Gables, FL 33134 DATE: REF. iNV.# 2389 FOLIO # 35761120003 LIEN NUMBER: kEGAL DESCRIPTION: Lot 3 Block 40, Unit 2, Golden Gate, according to the Plat in Plat Book 5, Page 65 through 77, inclusive of the Public Records of Collier County, Florida You, as the owner(s) of the property above-described, as recorded in the records maintained by the offtce of the Property Appraiser, are hereby advised that the Code Enforcement Director, did determine a public nuisance existed and constituted a violation of county regulations on September 17, 2003, and ordered the abatement of a certain nuisance existing on the above property prohibited by Ordinance No. 99-51 and served a notice of violation upon you. The nuisance is: PROHIBITED ACCUMULATION OE VCEEDS, GRASS, OR OTHER SIMILAR NON- PROTECTED OVERGROWTH IN EXCESS OF EIGHTEEN (18) 1NCHES IN HEIGHT. You failed to abate such nuisance; whereupon, it was abated by the expenditure of public funds at a direct cost of Fifty' Five ($55.00) Dollars plus an administrative cost of Two Hundred ($200.00) dollars tbr a total of TWO HUNDRED AND FIFTY FIVE DOLLARS ($255.00). Such cost, by Resolution of the Board of County Commissioners of Collier County, Florida, shall become a lien on your property when recorded after approval by the Board. FAILURE TO .TIMELY PAY THE AblOUNT SPECIFIED IN THIS NOTICE MAY RESULT IN A LIEN AGAINST ALL OF YOUR PROPERTY IN COLLIER COUNTY. F: LIENS/' MSTR LNAL ACtA ITEM DEC 1 6 2G03 AVESMT2003-AR4290 SHEET I OF 2 EXECUTIVE SUMMARY PETITION AVESMT2003-AR4290 TO DISCLAIM, RENOUNCE AND VACATE THE COUNTY'S AND THE PUBLIC'S INTEREST iN A PORTION OF THE 10 FOOT WIDE UTILITY EASEMENT CONVEYED TO COLLIER COUNTY BY SEPARATE INSTRUMENT AND RECORDED IN OFFICIAL RECORD BOOK 1040, PAGES 1987 THROUGH 1993, AND TO ACCEPT A 15 FOOT WIDE RELOCATION UTILITY EASEMENT. LOCATED IN SECTION 33, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. OBJECTIVE: To adopt a Resolution to vacate a portion of the above described 10 foot wide Utility Easement and to accept a 15 foot wide relocation Utility Easement. CONSIDERATIONS: Petition AVESMT2L, .AR4290 has been received by the Planning Sen, ices Department from Clayton R. Miller, P.E., from Coastal Engineering Consultants, Inc., as agent for the petitioner, Collier Development Corporation, requesting the vacation of a portion of the above-described 10 Foot wide Utility Easement to accommodate the proposed construction of a building at the site. They are also requesting that Collier County accept a 15 foot wide relocation Utility Easement. Letters of No Objection have been received from Collier County Transportation, Collier County Engineering Review and Collier County Public Utilities. Zoning is PUD. A copy of this Executive Summary and the date of ti~e County Commission Board Meeting were sent to Ed Kant in Transportation and to Jacquelyn Johnson in Public Utilities on Nov. 25, 2003. FISCAL IMPACT: Planning Ser~Ticcs has collected a $1,000 "Petition to Vacate" fee from the petitioner which covers the County's cost of processing and recording the Petition. GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with this Executive Summary. AC.~]'~I~A I'IT~/~ DEC 1 6 2003. AVESIVlT2003-AR4290 SHEET 2 OF 2 ENGINEERING SERVICES STAFF RECOMMENDATION: Recommendation that the Board of County Commissioners: 1. Adopt the Resolution for Petition AVESMT2003-AR4290 for the vacation of a portion of the 10 foot wide Utility Easement as described therein; and 2. Approve and accept the 15 foot wide relocation Utility Easement; and 3. Authorize the execution of the Resolution by its Chairman and direct the Clerk to the Board to record the Resolution in the Official Records; and 4. Direct the Clerk to the Board to record the 15 foot wide relocation Utility Easement documents individually in the Official Records. PREPARED BY: Rick Grigg, P.S.M. Engineering Services / Thomas E. Kuck, P.E., Engineering Services Director DATE: mmunity Development & Environmental Services DATE: DEC 1 6 2003 RESOLUTION NO. 2003-____ A RESOLUTION OF THE COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS FOR PETITION AVESMT2003-AR4290 TO DISCLAIM, RENOUNCE AND VACATE THE COUNTY'S AND THE PUBLIC'S INTEREST IN A PORTION OF THE 10 FOOT WIDE UTILITY EASEMENT CONVEYED TO COLLIER COUNTY BY SEPARATE INSTRUMENT AND RECORDED IN OFFICIAL RECORD BOOK 1040, PAGES 1987 THROUGH 1993, AND TO ACCEPT A 15 FOOT WIDE RELOCATION UTILITY EASEMENT. LOCATED IN SECTION 33, TOWNSillP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. WHEREAS, pursuant to Section 125.01(t), Florida Statutes, Clayton R. Miller, P.E., from Coastal Engineering Consultants, Inc., as agent for the petitioner, Collier Development Corporation, does hereby request the vacation of a portion of the 10 foot wide Utility Easement conveyed to Collier County by the Grant of Utility Easement recorded in Official Record Book 1040. Pages 1987 through 1993, Public Records of Collier County, Florida, and does hereby request Collier County to accept a 15 foot wide relocation Utility Easement; and V,qtEREAS, the Board has this day held a public hearing to consider vacating a portion of the lt~ foot wide Utility Easement granted to Collier County by the Grant of Utility Easement recorded in Official Record Book 1040. Pages 1987 through 1993, as more fully described below, and notice of said public hearing to vacate was given as required by law; and WHEREAS. the granting of the vacation will not adversely affect the ownership or right of convenient access of other property owners. NOW. THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the County's interests in the following described portion of the 10 foot wide Utility Easement be and are disclaimed, renounced and hereby vacated, and this action is declared to be in the Public's interest and will provide a public benefit: See Exhibit "A' attached hereto and incorporated herein. l of 2 DEC 1 6 2003. BE IT FURTHER RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the 15 foot wide Utility Easement more particularly described in Exhibit "B" attached hereto and incorporated herein, is hereby accepted as a relocation Utility Easement for the Utility Easement vacated herein. BE IT FURTHER RESOLVED, that the Clerk to the Board is hereby directed to record a certified copy of this Resolution and the 15 foot wide relocation Utility Easement individually in the Official Records of Collier County, Florida. This Resolution is adopted this day of after motion, second and majority vote favoring same. 2003, DATED: ATTEST: DWIGHT E. BROCK. Clerk BOARD OF COUNTY COMMISSIONER COLLIER COUNTY, FLORIDA Dcput? Clerk BY: 1-mn ttenning, Chairman Appro,.ed as to form and legal Patrick G. White, Esq. Assistant County Attorney 2of2 COASTAL ENGINEERING CONSULTANTS INC A CECI GROUP COMPANY CECI Group Servic~ Civil Engineenr Survey & Mappir Coastal Eng~neenr Real Estate Appra~s Environmental Assessrr, e Webstte; www coastc!eng~neenng co EXHIBIT "A" SHEET I OF 2 AVESMT2003-AR4290 FLEMINGS RESTAURANT PAVILION SHOPPING CENTER PORTION OF EXISTING I0' WIDE UTILITY EASEMENT FOR WATER DISTRIBUTION SYSTEM TO BE VACATED DESCRIPTION A TEN (10) FOOT WIDE STRIP OF LAND LYING IN SECTION 33, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORiDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCLNG AT THE EAST QUARTER CORNER OF SAID SECTION 33, RUN S00°37'39"E ALONG THE EAST LINE OF SAID SECTION 33 A DISTANCE OF 17.65 FEET TO THE EXTENDED NORTHERLY RiGHT-OF-WAY LINE OF VANDERBILT BEACH ROAD; THENCE N80°08'20''W ALONG SAID EXTENDED RiGHT-OF-WAY LINE A DISTANCE OF 152.55 FEET TO IHE INTERSECTION OF IHE WESTERLY RIGHT-OF-WAY LINE OF U.S. 41 AND THE NORTHERLY RiGHT-OF-WAY LINE OF SAID VANDERBILT BEACH ROAD; THENCE ALONG SAID WESTERLY RIGHT-OF-WAY LINE OF U.S. 41 N00°39'06"W 565.41 FEET; THENCE LEAVING SAID RIGHT-OF-WAY LtNE S89°20'54''W 37.10 FEET TO AN INTERSECTION WqTH THE EASTERLY LINE OF A TEN (I0) FOOT WIDE UTILITY EASEMENT FOR WATER DISTRIBUTION SYSTEM AS RECORDED IN OFFICIAL RECORDS BOOK 1040, PAGES 1987 THROUGH 1990 OF THE PUBLIC RECORDS OF SAID COLLIER COUNTY, FLORIDA AND THE POINT OF BEGINNING; THENCE ALONG SAID EASEMENT LD4E N22°49'35"W 111.22 FEET; THENCE N63°08'00''W 15.46 FEET: THENCE S22°49'35''E 124.13 FEET; THENCE N25°25'25''E 5.36 FEET; THENCE N89°20'54'E 6.48 FEET TO THE POINT OF BEGINNING; THE ABOVE DESCRIBES APPROXIMATELY I, 161 SQUARE FEET OF LAND. SUBJECT TO .... ~. ENTS, RESTRICTIONS AND RESERVATIONS OF RECORD. COA~C~NGII,?,/E,J~G CONSULTANTS, [NC. FLO~i~,- B~s.rNFrSS ~L~rH(~R.IZATION NO. LB 2464 , R~CHARD J. E',VI'NG,''%''71~. ~ PROFESSIONAL SUR',rE',/OR AND MAPPER FLORIDA CERTIFICATE NO. 5295 NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER CEC FILE NO. 01.559A _~ DATE SIGNED: ~ -/¢ -¢2_ 7106 S. Horseshoe '~ ' ~ ,,~C .... .... AC_.-,E:NDA ITF.~ DEC 1 6 237,3 ! EXtlIBIT "A" SHEET 2 OF 2 AVESMT2003-AR4290 o~ 1 6 2003. Pg. ~ Prepared by/Return to: Michael E. Botos, P.A. Edwards & Angell, LLP One North Clematis Street, Suite 400 West Palm Beach, Florida 33401 EXHIBIT "B" SHEET I OF 5 AVE S MT2003-A R4290 COUNTY UTILITY EASEMENT THIS EASEMENT made this ~I,O4t' day of ~0V~'pdtlo~ , 2003, between COLLIER DEVELOPMENT CORPORATION, as the first party, and the BOARD OF COUNTY COMMISSIONERS, EX OFFICIO THE GOVERNING BOARD OF THE COUNTY WATER-SEWER DISTRICT OF COLLIER COUNTY, 3301 Tamiami Trail East, Naples, Florida, its successors and assigns, as the second party. WITNESSETH: That the first party, for and in consideration of the sum of $1.00 and other valuable considerations paid by the second party, receipt of which is hereby acknowledged, hereby grants unto the second party, a non-exclusive county utility easement, to construct, enter upon, own, and maintain utility facilities above and below ground on the following described lands being located in Collier County, Florida, to-wit: Lands described in Exhibit "A" attached hereto and made a part hereof. WITNESSETH: The first party agrees that it shall be responsible for all improvements such as pavement, curbs, sidewalks, etc., which lie within the easements described herein, and further agrees to repair any damages and/or replacement costs caused as a result of the second party's performance of maintenance on the water and sewer lines installed therein. IN WITNESS WHEREOF the said first party has caused these presents to be executed this ~.C~I~ day of_Movelqq~r' ,2003. DEC 1 [ 2003 EXHIBIT "B" SttEET 2 OF 5 AVESMT2003-AR4290 Signed, sealed and delivered in the presence of: Witness3 Print Name: "~.~, ~Vitness~ Print Name: COLLIER DEVELOPMENT CORPORATION, a Florida corporation By' ~ Print Name: Title: COUNTY OF The tbregoing instrument was ac'knowled~oed before me this IOtt''x-- day of (~ o-b~ ,2003 by "~".e ~ ~ m . (~ i o_~ , the of COLLIER DEVELOPMENT CORPORATION. a Florida, who is [~p"~sonally known to me, or who has [] produced as identification. (seal) NANCY LYNN HALL MY COMMISSION # DD 031397 EXPIRES: June 24. 2005 1-~CO-3-NOTAt4Y FLNotm'~.S. ervJ~&[3o~,~n~. Inc. ~//~ Public in'~ and for the State and County Notary aI%resaid. Print Notary Name: ~ o.-.~e_.k.~ L, 4 1< It [JOINDER OF LESSEE ON FOLLOWING PAGE] -2- AGENDA ri'~.lVl DEC I 6 2OO3 EXHIBIT "B" SHEET 3 OF 5 AVESMT2003-AR4290 JOINDER OF LESSEE CFS I-PAVILION, LTD., a Florida limited partnership, as lessee under that certain Ground Lease, a memorandum of which has been recorded in the Public Records of Collier County, Florida, at ORB 986, Page 1731, hereby joins in the foregoing instrument for the purpose, of subordinating the Lessee's interest in said Ground Lease to the conveyance contained in the instrument. Signed, sealed and delivered in the presence of: Print Name: Print Name: CFS I- PAVILION, LTD., a Florida limited partnership By: COLLIER FINANCIAL SERVICES, INC., a Florida corporation, its general partner By: Title: STATE OF ~T~ O-'C; ~ COUNTY OF O__~0 [. \ ~' o-C' .. {~ The foregoing inst~l~m~nt.[' was acknowledged before me this lID~v'''' day of wo~~ .,2003 by-~O.:pk'¢~E~S ~.{~lo._& ,the O ~'c_o. of COLLIER FINANCIAL SERVIC , INC., a Flo~'ida COrporation, the General Partner of CFS I-PAVILION, LTD., a Florida limited partnership .who is personally knoxvn to me or has produced as identification and he/she executed the foregoing for and on behalf of said limited partnership. Witnessed by hand and this notarial seal, this\O day o~ ~,._ 2003. tN ~n ~xOtw'°~' NANCY LYNN HALL aforesaid. M Y COMMISSION # DD 031397 (seal) '~'o~..* EXPIRES:June24.2005 Print Notary Name: ~f~ et-r,. State and County L,4-tI AC~.N~A ITl~ld~ -3- DEC 1 6 2003. COASTAL ENGINEERING CONSULTANTS INC A CECI GROUP COMPANY FLEMINGS RESTAURANT PAVILION SHOPPING CENTER PROPOSED 15' WIDE COUNTY UTILITY EASEMENT DESCRIPTION _C. ECI Group Servic~ Civil Engineering Planning Services Survey & Mapping Coastal Engineering Real Estate Appraisal Website: www.coastalengineering.com EXHIBIT "B" SHEET 4 OF 5 AVESMT2003-AR4290 A FIFTEEN (15) FOOT WIDE STRIP OF LAND LYING IN SECTION 33, Tov, qNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE EAST QUARTER CORNER OF SAID SECTION 33, RUN S00°37'39"E ALONG THE EAST LINE OF SAID SECTION 33 A DISTANCE OF 17.65 FEET TO THE EXTENDED NORTHERLy RIGHT-OF-WAY LINE OF VANDERBILT BEACH ROAD; THENCE NS0°08'20"W ALONG SAID EXTENDED RIGHT-OF-WAY LINE A DISTANCE OF 152.55 FEET TO THE INTERSECTION OF THE WESTERLY RIGHT-OF-WAY LINE OF U.S. 41 AND THE NORTHERLY RIGHT-OF-WAY LINE OF SAID VANDERBILT BEACH ROAD; THENCE ALONG SAID WESTERLY RIGHT-OF-WAY LINE OF U.S. 41 N00°39'06"W 565.41 FEET TO AN INTERSECTION WITH THE NORTH LINE OF A UTILITY EASEMENT FOR WATER DISTRIBUTION AS RECORDED IN O.R. BOOK 1040, PAGES 1987 THROUGH 1990 OF THE PUBLIC RECORDS OF COLLIER COUNTY FLORIDA; THENCE ALONG SAID LINE S89°20'54'W 10.00 FEET TO THE POINT OF BEGINNING; THENCE LEAVING SAID EASEMENT LINE N00°39'06"W 81.16 FEET; THENCE N61 °24'00"W 89.37 FEET TO AN INTERSECTION WITH THE NORTHEASTERLY LINE OF SAID UTILITY EASEMENT RECORDED IN O.R. BOOK 1040, PAGES 1987 THROUGH 1990 OF SAID PUBLIC RECORDS; THENCE ALONG SAID LINE S22°49'35"E 24.06 FEET; THENCE LEAVING SAID LINE S61 °24'00"E 61.78 FEET; THENCE S00°39'06'E 72.37 FEET; THENCE N89°20'54"E 15.00 TO THE POINT OF BEGINNING; THE ABOVE DESCRIBES APPROXIMATELY 2,285 SQUARE FEET OF LAND. SUBJECT TO EASEMENTS, RESTRICTIONS AND RESERVATIONS OF RECORD. COASTo~IxG~E~G CONSULTANTS, INC. FLO~A~?TION N~. LB 2464 R/CHARD J. EWING, V..12~ ~ ~ - PROFESSIONAL SURVEYOR AND MAPPER FLORIDA CERTIFICATE NO. 5295 NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AN-D MAPPER CEC FILE NO. 02.028 DATE SIGNED: ~d'. / 7' ~ ~ 3106S. Horseshoe Drive, NaPles, Florida 34104 · Phone (239) 643-2324 Fax (239) 643-1143 DEC 1 6 2083 Io E-Mail: engcollier@cecifl.com ~'OLV~ ¥Ol~O]J '539dYN 3AIBO 3OHS3S~OH HlnOS got~ SINVI'II'ISNOO 9NIBBBNIgN3 9VISVO0 EXHIBIT "B" SHEET 5 OF 5 AVESMT2003'AR4290 w r J U.S. 41 ~ TAIIIA]~ TRAIL ~I~ ~o~ o? ~ R.O.W. · ~ NORTH N 00'3g'05' W 555.4l' -- AGENOA ITEM~ DEC 1 6 2~{33 _ L Attachment "C" PETITION FORM FOR THE EXTINGUISHMENT OF PUBLIC DEDICATED EASEMENTS RECORDED BY SEPARATE INSTRUMENT IN THE PUBLIC RECORDS (OTHER THAN ON A SUBDIVISION PLAT) ON PLATTED OR UNPLATTED LAND, EXCEPT FOR PUBLIC ROADS Date Received: ~-I~_a>~ Petition #: Petitioner (Owner): Collier Development Corporation Address: 3003 Tamiami Trail North City/State: Naples, Florida Telephone: 239-261-4455 Zip Code: 34103 Agent: CLAYTON R. MILLER, P.E., COASTAL ENGINEERING CONSULTANTS, INC. Address: 3106 S. HORSESHOE DRIVE Telephone: (239) 643-2324 x155 City/State: NAPLES, FL Zip Code: 34104 Location of Subject Property: U.S. 41 NORTH OF VANDERBILT BEACH ROAD Location: Section 33 Township 48S Range 25E Official Record Book 1040 Page (s) 1987-1993 Current Zoning: PUD Does this affect density? NO Legal Description: Pi~EVIOUSLY SUBMITTED Reason for Request: ~tELOCATIO~-OF WATER MAIN TO ALLOW CONSTRUCTION OF NEW BUILDING. I hereby authorize Agent above to represent me for this petition: Signature of Petitioner Print Name [] Yes [] No Date (Title) Please see "Policy and Procedure for the Extinguishment of Public Easements by Separate Instrument" for the list of supportive materials which must accompany this petition, and deliver or mail to: Community Development & Environmental Services Division Planning Services Department 2800 North Horseshoe Dr. Naples, Florida 34104 (1) (2) (3) (4) Attachment "C" Page 4 of 4 major stockholders. If applicant is a partnership, limited partnership or other business entity, indicate th~ principals. List all other owners. If applicant is a land trust, indicate the name of beneficiaries. If applicant is a corporation other than a public corporation, indicate the name of officers and name of DEC I 6 2003, Official Receipt- CDPR1103 - Official Receipt Collier County Board of County Commissioners i Trans Number -- i Date ~.P_ost Date 1409029 16/9/2003 2:48:37 PM F~/972-0~3 -- - Payment Slip Nbr AR 4290 Appl Name: COASTAL ENGINEERING Appl Stage/Status: REVIEW STAGE NO. 1/PENDING Address: KEVlN L. HIGGINSON, P.E. 3106 S. HORSESHOE DR. NAPLES FL 34104 Proj Name: FLEMING'S PRIME STEAKHOUSE AND WINE BAR Type: COM TAZ: Subdiv Nbr: 100 Project Nbr: 2002020025 Payor' FLEMINGS Fee Information Fee Code ! Description ~_GL Account ! Amount Waived 12TRVC : I REV ACCT/VAC EASEMENT-ROW 11313832032910000000 $1000.00 Total $1000.00 j Payment Code Payments Account/Check Number I Amount . CHECK i 22580 Memo: Total Cash $0.001 Total Non-Cash $1000.00 Total Paid ! $1000.00 j Cashier/location: MCCAULEYKATY / 1 User: SMITH_G Collier County Board of County Commissioners CD-Plus for Windows 95/NT DEC 1 6 2003,. NO. 561 833 7700 P.002 1::-999 ; ! .t -- 8 17 3 19 6 6 P. 02 DEC { 6 2003 P~._ /'~ _ nuO-08-~O03 FRI 11,18 t~l'1 EI)H~,RD$ & ,~NC, DJ. F~× NO. 561 833 7700 ?. 09 T"6~D P.009/014 F-9~9 IMAGE01: F1~03~17192-2 08/06/20&~ ll:~:Ilam pag~ 8 or 13 ' " " 'Co :~1~%:~ "'"~'.'., . . . '. . . } :.: .. . .... . .. : '~.. ..~ .4-- DEC I 6 2003. AU'G-08-2003 FRI !1'18 APl EDigARDS & ANGELL At,'Z-O?'-~O0~ 15:2g From- IMAGE01: I"L4)3-171!~_-2 Illt106/2003 1 l:49:llam FAX NO. 581 833 7700 T-~40 P.0t3/014 F-ggg P~12 of 13 the. p~,o.er, ae ad' u~ DEC 1 6 2003 13 ,,LJG-U8-ZL]03 h'kt 11:19 lqM EDWARDS B. ,qNGELL UW'AGE01: I,'T_,-O]-lTIP2-2 08/06/2003 ll:49:llam FAX ~0, 833 7700 P. 014/014 F-99':J {m'ak~ 13 et' 13, 14 AGEhlOA ITEM DEC I 6 2003- COLLIER COUNTY R(COkOEO OR BOOK UTILITY EASEMENT 147 THIS [XSEHENT mede this ~/'~ day of (~'~L/zT,.~/~ ' 1~8~, A. D.. between COLLIER DEVELOPMENT CORPORATION, aS the Tlfst party, and the BOARD OF COUNTY COHMI$SION£RS, EX OFFICIO THE GOVERNING BOARD OF THE COUNTY VATER-SE~ER DISTRICT OF COLLIER COUNTY, 33OI Tmla~l Trail East, Naples, FIorlda, Its' successors and assigns, as the second party. VITNE$SETH: That the first party, for and In consideration of the sum of $1.OO and other valuable considerations paid by the second party, receipt of which Is hereby ackAc~ledged, hereby grants unto the second party, non-exclusive easements, license and privilege to enter upon, oq~ and maintain utility facilities above end bele~ ground o~ the following described lands belr~ located in Collier County, Florida. -Lands descried In Exhibit "A" attac~d hereto and Mde e part VITNESSETH: The first party agrees that It shell be responsible for all improvem~nts such as pavement, curbs, sidewalks, kash racks, etc., which lie within the easements described herein, and further agrees to repair any damages and/or replacement costs caused es a result of the second partyas performance of maintenance on the water and sewer lines installed therein. IN VITNESS ~I14EREOF the said first party has caused these presents to be executed this ~/~C~- day of VITNESSES: STATE OF FLORIDA ) Cliff(:f,~ B. Bark::lale Vice President of Development Received $ ' L~'~ Ccx:umentory Stomp Tax Collier County, Florida COU~Y OF COLLIER) ss: I HEREBY CERTIFY that on thls dmy, beforo.~, an officer duly authorized Iff the State a~ County aforesaid to take acknoNledgmeflts, personally appeared CLIFFORD I. BARCODE, as Vice President of Collier Oevelopeent Cor~ratl~, a Florida Cor~ratlon, to ~ ~c~vn to be the pers~ described in and ~o executed the foregoing Instrument and eckn~ledged before ~ that he ~ecuted the sa~e. day ol~ I# VITNESSiSa,I.V~EREOF. i hive hereunto sec ~ hand and seal ~ ~"~'"... ,,,...': o,, i--- ~,,.:,.~ :,:~.' · ~ '.... DEC 16 21 03 o~o~o o~ie~-~' o~ eoo~ P,~O'~~ ?<),-¢ unJer the: c~r~,ln Srou~d Lcas~, I men,;ra~dum of ~hlc~ has ~ . reco.'~ in the public records oF Collier C~unty. Florida. at O.R. Boo~ DS6, page 17~1, hereb~ Joins In the foregoing instrument for the purpOSe o~ subordinating the Lessee"s Interest In said Ground Lease to the conveyance contained in the Instrument. Signed in the presence of: STATE OF FLORIDA COUNTY OF COLLIER HEREBY CERTIFY that c~ this day before me, In officer duly qualified to acknowledgments, personally ap~ired ~ilel C. ~lller, to ~ ~ to be the described In and ~o e~ecuted the foregolng ~c~nt and ack~ledged ~ t~t he execute~the IR VlT~SS ~[REOF. I havl hereunto set , 1~81 ............ ~~......:,~. ~ ....-. ~ (~ ,.,. .-. ¢'. ':? · ,,, ,/. . L.... AGENC)A I'lTr~ DEC 1 6 2003 ~._/~/ _. II 0010 0 001989 BOOK PA(;[ CO/, TAL ~ .~ -:/'~i'"J t ..~ ;l'~',..-'. THE PAVIL]CN SHOPS ~TI~ITY EASENENTS FOR ~ATER DISTRIBUTION SYSTEH IX#Ill1' A ten Ct0) foot wlde easement, lying five (5) Feet on each lid· of the herelnafte~ described "Ce·ratline of Easement"/ Co~Ynenclng et the Intersection of the Northerly rlght£of-way llne of Vanderbllt Beach Road end the Westerly right-of-way line of U.S. #Z, run N 00e39'06" W along said Westerly right-of-Way line of U.S. ~1 · distance of 560.~1 Feet to the POINT OF BEGINNING of the herein described Centlrllne of S 25e25'25" W 205-.00 flail thence S 6~e1#'15'' thence N $~03~'}~# W 31.~ feet; thence S 23o25'2~ feeL; thence N 6~o]b']S'' ~ ~9.02 fee%j thence S 6~o3~'3S- E ~1~.02 feetl :hence S 2~°2~'2~'' W 7~.92 feetj thence N 2~02~'25'' E ~82.00 feetj thence N 22~9'3~,' W 203.~] feet; :hence N 71e~8'0~" W 18.29 fee:; t~e~ce S feeL; thence N 2~05~'0~'' W ~2.0~ fee:; thence N 2Z2.~2 feet; thence S 27°05'52' W 7~.70 fee:j thence S 62eS3'08'' E 63.~b feet; thence N 62o3]'0~ thence S 27005'32'' W 13.~0 feet; thence N 62o53'0~,, feet) thence S 62~3'0~'' E $~.~0 feet; thence S 7~.70 feet; thence S $2°~3'01'' E $~.Z# feet; thence N 52033'01'' W $3.]# feet; thence S 27°0~'32'' W Z].50 feet; thence ~ 62033'08'' W 55.60 feet; :~ence S 62°~3'08'' E 33.60 faet; %hence S 27~05'32'' W ~0.20 feetl thence S $2~53'0~'' E 19.23 feet; thence N 62~3'0~'' W ~9.25 feetl thence S 27e05'32'' W liS.GO ~eet; thence S SSe]l'~0'' :hence S 2~6'#~'' W ~16.39 feeLj t~ence feecj thence S 0~a~O*~7'' W 22.3~ fee:j thence N 09o10'~7 22.3~ feet; thence S 72~0~'~8'' E 55.82 feetj thence N 21a]$'~'' E 11~.59 ~eet; thence N 62e]B'~0'' W 20.~& feetj . C~ence S 27e05'52" W ~0.05 feet; :hence N fee:; thence N 10eO0']~'' E 9.70 fee:; Chence S 9.70 feet; thence N 7~°39'26'' W $27.28 feet; thence S O~°b&'2S" W 273.8S feetj thence S 80°03'07' E 6~.$0 feet; thence S 0905~'53'' W ]~.50 feet; :hence S ~0e05'07" E 257.30 feet; thence N 80o0s'07'' W 32A.10 fee:j thence S 09° ~5'26" W Z06.03 feet to the POINT O~ ?ERNINATION; being lO.O0 foot easement over and across part of Section ]3, Townshla bi South~ Range 2~ East~ Collier County~ FIorldej subJoc~ to easementl~ restrictions and reservations of record, AGENDA DEC 1 2003. ~nases t - XV]i ASSESSMENT MAP COMPILED ~ DRAWN FOR ABE SKINNEK PROPERTY ,APPRAISER NAPES. ',FLORIOA ~ TRACING SECTION 33 North TOWNSHIP RANGE 25 COH~ILEO & DRAWN, REVISION DATES. ~O/Bf ~ PRINT' "= ;.' t ~ ..... ACtA ITEM_ ~ /~F~ ~- DEC 1 ~ 2003 3j From-COASTAL ENGINEERING NAPLES +25§G424~E4 T-EGG PDO2/O02 F-48B COIJJER PUBLIC UTILITIES DMSION 3301 E. Tamiami Trail · Naples, Florida 34112 · (239) 732-2575 * FAX (239) 732-2526 August 14, 2003 7ohn Landress, E.L Coastal Engineering Consultants, me. 3106 S. Horseshoe Drive Naples, FL 34104 R~e.i ...... ~I__e__m/n__g's Pr/me Steak House, Pavillion Shopping Center Dear Mr. Lan&ess: This office bas rev[ewed your request to vacate a portion of the l 0' easement near the north-cast comer of the shopping center. The Collier County Water-Sewer District has an 8" water line running through this easement. Provided an alternate easement is provided in accordance with all applicable ordinances, codes mid technical standards, we have no objection to the vacation of this easement. Should you have any further questions, please feel free to contact me at 732-2571. Sincerely, En~neering Technician CC: Paul Mattausch, Water Director Joseph Cheatham, Wastewater Director Rick Cn'igg, Land Surveyor, Community Development g:\engineering rech\eas~nent_rm._w.tv '-~~ Pg' ~ c9~ ~ak ho__~se, pavilIk~n sboppin~g center - revised.doc DEC 16 2003 COASTAL ENGINEERING CONSULTANTS INC A CECI GROUP COMPANY CECt Group Services Civil Engineering P!anning Services S~m,~ey & Mapping Coastal Engineering Real Estate Appraisal Welosite: www.c oastaleng~neering.com June 9, 2003 M',-. John Houldsworth Collier County Engineering Services 2800 North Horseshoe Drive Naples,Fl 34104 RE: Notification of a proposed easement vacation located on the following parcel(s): FOLIO NO. 00176685207 To Whom It May Concern: We intend to submit a Petition to the Collier County Board of Commissioners seeking to vacate the public interest in the easements on the property identified above. The platted easement prohibits the construction of our proposed site plan. We have included a sketch or drawing of the parcel(s) with the easements clearly marked Please provide us with a letter of review and recommendation so we can proceed with our petition submittal. If you have any questions, please contact Signed, COASTAL ENGINEERING CONSULTANTS, INC. ( joh ~ Agentkf,~gne Pet,honer Eric.: As Noted Cc: Eric Hartman, Outback w/encl. Robert Breder, Collier Enterprises w/encl. G :~)ata\2002\02028\Civil\CorrespXEasement Vacat ion.,02*)28_Houldsworth.doc 3106 S. Horseshoe Drive, Naples, Florida 34104" Phone (239) 643-2324 Fax (239) 643-1143 ~ E-Mai COLLIER COUNTY GOVERNMENT TRANSP~____ORTATION DEVELOPME_.NT.REVIEW DEPARTMENT TRANSPORTATION SERVICES DIVISION 2685 SOUTH HORSESHOE DRIVE, SUITE 211 NAPLES, FL 34104 (239) 403-2310 FAX: (239) 213-5815 July 22, 2003 Mr. John Landress, E.I. Coastal Engineering Consultants, Inc. 3106 S. Horseshoe Drive Naples, Florida 34104 SUBJECT: Folio No. 00176685207 Letter of No Objection Dear Mr. Landress: The C'¢¢~er County Transportation Operations Development Review Department has reviewed your request to vacate the existing ten (10) foot CUE Easement. After looking at the information you submitted, Transportation Development Review Department has no objection to the vacation of said easement as described and depicted in the proposed Sketch of Description. Furthermore, please find attached letters of no objection from Transportation Engineering and Construction, Transpodation Maintenance and Transoortation Planning. If you have any questions regarding this matter, please contact me. Sincerely, Alan S E-Urfali, E.I..~ Senior Project Manager CC: Ed Kant, P.E., Director BEg ! 6 2003. P.. ~SZ AREA OF EXISTING ESMT. TO BE VACATED EXIST 8" WM FROROSEE C~E / / / / SCALE 1 "=20' W W _J L~- DEC 16 2003 Map Output Page I ol CCPA GIS - HTML Stm [~ PLS sub,~ ] Par~ Aeri No. / ~,q :9--.. DEC 1 ~ 2003 htt~://gis.c~ierappraiser.c~n~/serv~edc~m.esri.esrimap.Esrima~ ?ServiceName=cc~a`~design&C~ient Versi(... 6/12/2001 239 263 3849; .TAXES AND. .g:~ IN. Jun-Il-03 10:09; Page 3/4 Sent By: Collier Enterprises Ltd; 239 263 3849; Jun-Il-03 10:09; Page 4/4 ~' ' '-~.~: ~ ', · i ."' .... . ' : " ~i~: .."..~' :. :'-' .:'-.:.~ .~ 'i'.. :'.:'..'. ..... ~..' ~*: ~ i.. ~L ..., . :"' "~ .... ' .~-~ ..... .' ...... '-'...':.',~, i.".-'...'.'. ' .'. · "' EXECUTIVE SU'MMARY REQUESTING BOARD APPROVAL OF DIRECTION TO STAFF AND THE COUNTY ATTORNEY'S OFFICE TO TAKE ALL ACTIONS REASONABLY NECESSARY TO AMEND THE STIPULATED SETTLEMENT AGREEMENT AN[) COURT ORDER PERTAINING TO SDP- 88-93, DORSET PARK, TO REFLECT APPROVAL OF THE CAPITAL CENTER CONCEPTUAL PLAN OF DEVELOPMENT FOR PROPERTY LOCATED .AT THE NORTHWEST CORNER OF COACH HOUSE LANE AND AIRPORT-PULLING ROAD IN SECTION 23, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. OBJECTIVE: To obtain Board of County Commissioners (BCC/Board) approval of direction to staff and the County Attorney's Office to take all action deemed reasonably necessary to amend the Stipulated Settlement Agreement and Court Order previously entered into for approved SDP # 88-93, Dorset Park, to allow administrative approval of an amendment to that SDP based upon an existing detailed conceptual plan of development for a project known as Capital Center so as to ensure development of only that project with the no greater intensity of development and with near total compliance with existing Land Development Code (IA)C) requirements. CONSIDERATIONS: The subject property is situated at the northwest comer of Airport-Pulling Road and Coach House Lane, approximately one half mile north of Golden Gate Parkway. The County, on September 19, 1990, approved SDP-88-93. This action authorized 142,000 square feet of commercial development (the intensity of development). During the zoning reevaluation program of 1991, the subject property was sought to be down-zoned by the County. The owner of the property, already having approval of SDP-88-93 for the Dorset Park Plan, objected to the County's proposed down-zoning action and filed suit. Thc suit x~'as settled through a Stipulated Settlement Agreement bet~veen the property owner and the County. which the Court adopted as part of its final Order. That Order granted the property owner, essentia(ly at a time of his choosing, the right to develop the parcel to the intensity of development (142,000 square feet of C-3 commercial uses) depicted in the plans approved under SDP-88-93. In the past year and one-half, the property owner's agents have contacted the County to schedule pre- construction meetings in an effort to initiate the process of building the development designated under the Dorset Park Plan SDP or to pursue other alternatives. Staff has repeatedly expressed its concern over the high degree of current LDC non-compliance that would result if the Dorset Park Plan were to be developed. Although the most recent alternative plan. called Capital Center, almost completely complies with the current LDC, the Court's Order and corresponding Stipulated Settlement Agreement only allow an alternative to be approved il! it is then in complete LDC compliance. Since that Court Order was issued there have been significant amendments to the LDC to better protect the public's health, safety, and welfare. Attached Exhibit "A" provides a general comparative break down of the two plans in relationship to their current LDC compliance. The Dorset Park Plan is significantly non- compliant with the current LDC requirements in twenty-two (22) areas. If the Capital Center plan were A~A ITE. M DEC I 6 2003 to be developed with absolute compliance with the current LDC, the property owner's agent, Michael Fernandez of PDI Inc., has advised then thc project would not allow development of the intensity vested and approved by the Court Order. Again, Exhibit "A," through Staff's comparative analysis, identifies the only three areas or sections of the LDC where the Capital Center Plan would not fully comply with the current LDC. The owner of the property has indicated to Staff that he cannot economically afford to develop the project with less than the intensity vested by the Dorset Park Plan through the Court Order. Staff does not prefer to see a project developed that would only meet the standard,, of the 1990's, and as such, would not be a quality development when gauged against the current LDC in numerous areas. Through the guidance of the County Attorneys Office, however, the solution represented by this Executive Summary was proposed, which was reached as follows. First, staff evaluated both sets of plans to determine which of the txvo was a better fit for the surrounding land uses and infrastructure of the Coach House Lane/Airport-Pulling Road area. Next, Staff met again and reviexved their respective areas of responsibility and concern. The results of which was a unanimous Staff preference for the Capital Center Plan. Exhibit "A" provides a qualitative comparative tool utilized by Staff to analyze the respective LDC compliance of both projects and then arrive at the current Staff recommendation. For a more detailed understanding of each project, attached please find Exhibits "B" & "C" which are, respectively, the Capital Center and Dorset Park plans. With the final Staff determination that the Capital Center Plan would be a more welcomed development compared to the Dorset Park Nan, the Collier County Attorney's office has worked with Staff to prepare this executive summary recommending direction and guidance to Staff and the County Attorney's Office to take all actions reasonably necessary to amend the Stipulated Settlement Agreement and Court Order to alloxv Staff to administratively approve an amendment to approved SDP-88-93 to authorize development of the conceptual Capital Center Plan once more detailed plans and drawings are submitted for review. The BCC direction sought would provide to the applicant the rights already vested to the development through the Court Order, while allowing assurance that more detailed plans and drawings can be completed without risk of triggering the complete LDC compliance provisions of the current Order. This will result in a developed project that also better conforms to the land use and infrastructure available within the project's geographic area than would otherwise have been possible. FISCAL IMPACT: Providing the requested direction leading to amendment of SDP-88-93 would only bring the development proposed for this site into further compliance with the current Land Development Code. Therefore, those actions, by and of themselves, would have no quantifiable fiscal impact on the County. A change from the Dorset Park Plan to the Capital Center Plan, because there would be no increase or decrease to the project's intensity of development, would not alter the amount of impact fees the development would be required to pay. GROWTH MANAGEMENT IMPACT: The original project plan was previously reviewed for consistency and found to be consistent with all the applicable provisions of the GMP in effect at the Page 2 of 4 time of review. Today's action will not adversely impact the Growth Management Plan because the commercial uses depicted within the Capital Center Conceptual plan have already been determined to be a vested right by Court decision. PLANNING SERVICES STAFF RECOMMENDATION: That the Board of County Commissioners (BCC) direct Staff and the County Attorney's Office to take all actions reasonably necessary to amend the Stipulated Settlement Agreement and Court Order for SDP-88-93 to authorize approval of the Capital Center conceptual plan of development through an amendment to SDP # 88-93 once more detailed plans and drawings are provided to the Cov~nty. Page 3 of 4 DEC 1 6 2003 PREPARED BY: MIKE BOSI, AICP, PRINCIPAL PLANNER DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW REVIEWED BY: DATE RAY BELLOW , PLANNER DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW IL- DATE ~D'i'RECTOR DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW ATRIC~q~. WHITE, ASS'T. COUNI'Y ATT'Y. COUNTY ATTORNEY'S OFFICE APPROVED BY: DATE DATE DATE Page 4 of ACk. IDA ITEM DEC 1 6 2003 ~ 0 AGENDA rTEM DEC 16 2003 EXHIBIT "B" COACH HOUSE N ENTRY DRI~I~ CAPITAL CENTER ....... Conce_e_ptual Master Plan A '142,000 SF MIXED-USE THEMED DEVELOPMENT .~ /~~ DEC 1 6 2003 EXHIBIT "C" ill[i! 'f////~//////~ ~ AGENDA ITE~.., DEC I LUff,,) EXECUTIVE SUMMARY Approval of the Satisfaction of Liens for Code Enforcement Board Case No. 2002-030. OB~IECTIVE: To approve and authorize the Satisfaction of Lien in Code Enforcement Board in 2002-030 styled Board of County Commissioners vs. Hada G. Olivella CONSIDERATION:. On October 24, 2002 a public hearing was heard before the Code Enforcement Board regarding violation of Section 2.7.6., 2.7.6.1 and 2.7.6.5 of Ordinance No. 91-102, as amended and codified the Collier County Land Development Code. An Order Imposing Fine/Lien in the amount of One Thousand Three Hundred and Eighty Five Dollars and Fifteen Cents ($1,385.15) for the operational costs incurred in this case was approved by the Code Enforcement Board on January 23, 2003· The violation was abated before the fines began to accrue. Said Certified copy of the Lien was recorded in Official Record Book 3208 Page 3208 through 3210 in the Public Records of Collier County Florida. An Affidavit of Compliance has been filed bearing the date of December 26, 2002 indicating compliance with the Order of the Code Enforcement Board. On November 3, 2003 the lien amount was paid in full. Therefore, a Satisfaction of Lien is in order as all requirements have been met in this case. FISCAL IMPACT'... The fiscal impact related to recording in the amount of Six Dollars ($6.00). This cost will be paid by Code Enforcement 11 l-138911-64907,~). GROWTH MANAGEMENT IMPACT: This request will have no impact on the County's Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners approve the Satisfaction of Lien in the above referenced cause and authorize their execution and recordation in the Public Records of Collier County, Florida. PREPARED BY: ~---D~ Date: Shanelle Hilton REVIEWED BY: 'r Jan'~t Powers, Operations Manage SUBMITTED BY: ~ _6{"~/~ '~Date: /~.1.0~ Michelle Arnold, Code Enforcement Director APPROVED BY'~t Date: · '/' or This instrument prepased by: Janet Powers, Operations Manager Code Enforcement 2800 N. Horseshoe Drive Naples. Florida 34112 (239) 403-2440 SATISFACTION OF LIEN This is to certify that the claim of lien in the sum of One Thousand Three Hundred and Eighty Five Dollars and Fifteen Cents ($1,385.15), arising out of the Code Enforcement Board Order Imposing Fine/Lien dated January 28, 2003, recorded in O.R. Book 3208 Page 2208 et seq. of the Public Records of Collier County, Florida against the following described real property, and all other real and personal property, located in Collier County, which is owned by Hada G. Olivella, has been satisfied in full. The West 310 feet of Tract 127, of that certain subdivision known as Golden Gate Estates, Unit No. 193, according to the map thereof on file and recorded in the office of the Clerk of the Circuit Court of Collier County, Florida in Plat Book 7, Page 100. Folio No. 45852980003 The undersigned is authorized to and does hereby release this lien as to the whole of the above-described real property, and all other real and personal property owned by Hada G. Olivella, and consents to this lien being discharged of record. Dated this day of _, 2003. AT/EST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA , Deputy Clerk t3y: TOM HENNING, Chairman DEC 1 [ 2aC3 EXECUTIVE SUMMARY RECOMMEND THAT THE BOARD OF COUNTY COMMISSIONERS RECOGNIZE A MODIFICATION TO UNITED STATES FISH AND WILDLIFE SERVICE COOPERATIVE AGREEMENT NO. 1448-40181-98-.I-021 TO EXTEND THE PERIOD oF PERFORMANCE FROM SEPTEMBER 1, 2003 TO DECEIVIBER 31, 2003. OBJECTIVE: To notify the Board of County Commissioners that a modification was requested by staff and approved by the Fish and Wildlife Service to extend the period of performance from September 1, 2003 to December 31, 2003. CONSIDERATIONS: In August 1998, the Environmental Services Department submitted a grant and was awarded funds in the amount of $4,200 from the United States Fish and Wildlife Services (USFWS) for Removal of Exotic Invasive Plants within the Lely Barefoot Beach Conservation Easement. Because extensive invasive exotic re-growth occurred after initial treatment, more time was required to re-treat and monitor the success of the project. On May 26, 2003, staff sent a letter of request to extend the contract and was notified October 24, 2003 that the extension had been granted. The USFWS does not require that grantees sign modifications that only involve an extension of time and therefore sent the attached executed Modification No. 1 to extend the period of performance to December 31, 2003. It is anticipated that all project components will be completed by the revised December 31, 2003 deadline. FISCAL IMPACT: There is no fiscal impact associated with this request since the contract amount and match have not changed. GROWTH MANAGEMENT IMPACT: There is no impact to the growth management plan associated with this request. RECOMMENDATION: That the Board of County Commissioners recognize a modification to United States Fish and Wildlife Service Cooperative Agreement No, 1448-40181-98-J-021 to extend the period of performance from September 1 2003 to December 31, 2003. ., >' .- .,"7/ / / '-?' "/ ~'" t i .: /' Mdlissa Henmg, Env~ron~'n~ Spec~ahst / ,~liam D. Lorenz, Jr. P.E., Director, Environmental Services Department irnV~ ~?; ~dn~irn/lnS tmr ';tn°tra, Services AGI~NDA DEC 1 6 2003 In Reply Refer To: FWS/R4/BA/CGS United States Department of the F1S}-t AND WILDLIFE SERVICE 1875 Centuo' Boulevard Atlanta, Georgia 30345 October 24, 2003 Interior · ~ lC, r- IVI:D Mr. William D. Lorenz Collier County Natural Resources Department 3301 East Tamiami Trail Naples, Florida 34112 Dear Mr. Lorenz: Enclosed for your files is an executed copy of Modification No. 1 to Cooperative Agreement No. 1448-40181-98-J-021. If you have any questions concerning this modification, please contact Janice McNeill, Jamison Professional Services Contract Specialist, at the above address, Suite 310, or at telephone number (404)679-4061. Sincerely, Marsha Isaac Chief, Contracting and General Services Division Enclosure DEC 1 6 AGREEMENT NO: 1448-40181-98-J-021 CHARGE CODE: NO CHANGE AMOUNT: NO CHANGE TIN: 59-6000558 DUNS: 07-699-7790 MODIFICATION NO. 1 To COOPERATIVE AGREEMENT Between UNITED STATES DEPARTMENT OF THE INTERIOR FISH AND WILDLIFE SERVICE And COLLIER COUNTY The purpose of this modification is to extend the Period of Performance with no impact to the amount of the Agreement. The Service Administrative Officer is also revised by this modification. 1. Article VI., PERIOD OF PERFORMANCE, is revised to read as follows: The Period of Performance for this Agreement is from September 1, 1998 to December 31, 2003. 2. Article VII., AWARD AMOUNT, is reviscd to read as follows: C. FUNDED PERIOD: September 1, 1998 to December 31, 2003 3. Article X., ADMINISTRATIVE OFFICER, is revised to read as follows: Janice McNeill/Evelyn Bradley Jamison Professional Services/RS Staffing U.S. Fish and Wildlife Service 1875 Century Bouleveard, Suite 310 Atlanta, GA 30345 Phone: (404) 679-4061/4068 Fax: (404) 679-4057 Email: janice mcneill~fws.gov evelyn_ bradle¥~fws, go_v DEC 1 6 2003 All other terms and conditions remain the same. U.S. DEPARTMENT OF THE INTERIOR FISH AND WILDLIFE SERVICE Anltn Wender Supervisory Contrncttng Officer TITLE: EXECUTIVE S~UMMARY '~-"~EQUEST TO APPROVE FOR RECORDING THE FINAL PLAT OF "PELICAN MARSH UNIT TWENTY SIX" OBJECTIVE: TO approve for recording the final plat of Pelican Marsh Unit Twenty Six, a subdivision of lands located in Section 34, Township 48 South, Range 25 East, Collier County, Florida. CONSIDERATIONS: Engineering Review Section has completed the review of the final plat of "Pelican Marsh Unit Twenty Six". This document is in compliance with the County Land Development Code and Florida State Statute No. 177. Ail fees have been paid. There are no subdivision related improvements associated with this plat. The plat consists of four future development Tracts to be developed by W.C.I. Communities, Inc. Engineering Review Section recommends that the final plat of "Pelican Marsh Unit Twenty Six" be approved for recording. FISCAL IMPACT .' The County will realize revenues as follows: Fund: Community Development Fund 113 Agency: County Manager Cost Center: 138900 - Development Services Revenue generated by this project: Total: $450.00 Plat Review Fees GROWTH MANAGEMENT IMPACT: The Concurrency Waiver and Release relating to conditional approval has been reviewed and approved by the County Attorney's office for the project. ENVIRONM~__NTAL ISSUES: There are no environmental issues. DEC 1 6 2003 Executive Summary Pelican Marsh Unit Twenty Six Page 2 HISTORICAL / ARCHEOLOGICAL ISSUES: ~'~ archeological issues. There are no historical or EAC RECO~NDATION: Not required. CCPC RECOMMENDATION: Not required. PLANNING SERVICES STAFF RECOMMENDATION: That the Board of County Commissioners approve the Final Plat of "Pelican Marsh Unit Twenty Six" with the following stipulations: 1. Authorize the recording of the Final Plat of "Pelican Marsh Unit Twenty Six." PREPARED BY: John R. Houldsworth, Senior Engineer Engineering Review REVIEWED BY: Thomas E. Kuck, P.E. Engineering Review Director Date APPROVED BY: /~~dmini s tra tot ommunity Dev. and Environmental Svcs. D~¥e DEC 1 § 2003 EXECUTIVE SUMMARY REQUEST BOARD APPROVAL TO ALLOW COLLIER HMA TO CONTINUE TO UTILIZE THE NAME "COLLIER REGIONAL MEDICAL CENTER" OR "GREATER COLLIER REGIONAL MEDICAL CENTER" FOR THEIR PROPOSED NEW HOSPITAL AND MEDICAL OFFICE SITE ON COLLIER BOULEVARD IN COLLIER COUNTY OBJECTIVE: Approve as an exception to sections 3.2.7.1.2 and 3.2.8.3.19 of the Collier County Land Development Code and Section 13, Ordnance 2003-14, a request of Collier HMA to continue to utilize the name "Collier Regional Medical Center" or "Greater Collier Regional Medical Center" for their proposed new hospital and medical office site on Collier Blvd. near its intersection with Rattlesnake-Hammock Road. CONSIDERATIONS: On December 2, 2003, Mr. Bruce Anderson, representing Collier HMA, Inc., petitioned the Board of County Commissioners to approve the continued use of the word "Collier" for the proposed new regional medical center. In order to assure compliance with the Collier County enhanced 9-1-1 System and to prevent incorrect address delay response time for emergency vehicles, sections 3.2.7.1.2 and 3.2.8.3.19 of the Collier County Land Development Code require that no street, subdivision or identifying title shall duplicate or closely approximate the name of any other street or subdivision, and Section 13, Ordnance 2003-14 specifies that, "No street, development, building, or subdivision shall bear the same name of a similar sounding name as another development, building, subdivision or street in the incorporated or unincorporated area of Collier County. Subparagraph 2, paragraph D of that section notes that, "Only five (5) variations shall be permitted countywide for names beginning with the same word. The use of the word "Naples" shall be the only exception to this condition." To date, there are 25 buildings, developments, or sub-developments starting with the word "Collier." Though the use represents far more that the five permitted variations, the fact that this facility is a regional hospital designed to servi~e all of Collier County warrants the use of the word "Collier." This new hospital project has been filed with the County for rezoning review and it was in the context of the rezone review that the project name was raised as an issue by the County's addressing department as to similar sounding to other project names already in use. In support of this request, the petitioner offers the following points: 1. The purpose of the County's addressing Ordinance and the limitation on similar sounding names is to prevent confusion when emergency vehicles respo~tdh to a distress call. In that there are only 3 existing hospital sites, this proposed new one, should not create any confusion. AGEI~A ITEM~ uo./&'q "-'l DEC I 6 2003 2. The addressing Ordinance provides an outright exemption for franchise names. "Collier Regional Medical Center" is a trademarked name that is similar to a franchise- protected name. 3. HMA has invested a significant amount of money in marketing this trademarked name, and the Certificate of Need issued by the State for this new hospital specifically references the trademarked name. 4. The addressing Ordinance also provides an outrhght exemption for use of the name "Naples" but oddly enough doesn't exempt the name "Collier" Staff has no objection to this request and as such supports this petition to grant approval to continue to use the name "Collier," so that the ongoing rezoning review process can continue. FISCAL IMPACT: None. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: That the Board of County Commissioners approve the request to allow for the use of the name "Collier Regional Medical Center" or "Greater Collier County Regional Medical Center.~//.~.~/. SUBMITTED BY: D. E. "BLEU" WALLACE. Director, CDES Operations ~~m~ DATE:,' APPROVED BY: r, ent and Environmental SerVices Division DATE: DEC 1 6 2003 Pg. ~ EXECUTIVE SUMMARY RATIFICATION OF A CONDITIONAL BUILDING PERMIT ISSUED TO KELLY AND WENDY PAFFEL, FOR THE CONSTRUCTION OF A SWIMMING POOL, DECK, AND CAGE THAT ALLOWS FOR A THREE (3) FOOT ENCROACHMENT INTO THE TWENTY (20) FOOT WIDE LAKE MAINTENANCE EASEMENT LOCATED IN PEBBLEBROOKE LAKES OBJECTIVE: To ratify the building official'.~ issuance of a conditional building permit intended to accommodate the needs of Kedy and Wendy Paffel's minor child, Devon Paffel, who suffers from cerebral palsy. CONSIDERATION: The Paffels moved to Florida in the late summer of 2002. The Paffels moved to Florida because of its climate, and purchased a home in the Pebblebrooke Lakes subdivision that would be constructed with a swimming pool that would allow for the equipment necessary for Devon Paffel's aqua therapy and would be of a size that would allow for easy wheelchair accesS. The Pebblebrooke Lakes Homeowners Association granted the Paffels a variance, which would allow them to encroach three (3) feet into the lake maintenance easement (LME). The PaffeIs applied for a building permit for the swimming pool in Collier County, after determining that South Florida Water Management District had no objection or interest in this matter in that it does not regulate the property currently encumbered by the lake maintenance easement. Collier County issued its conditional building permit for the construction of the swimming pool cage and pool deck to accommodate these special needs. The three (3) foot encroachment into the 20-foot LME provides Devon Paffel with a pool specifically designed to accommodate his needs today and well into the future. The pool has been designed to accommodate the water therapy equipment which dramatically improves his ability to move and function. The LME into which the Paffel pool, deck, and cage encroaches three (3) feet, is a LME described on the plat for the Pebblebrooke Lakes Homeowners Association as L-4. L-4 is an easement which provides access to Tract 2, which as shown on the plat, are the lakes within Pebblebrooke Lakes. A letter from Turre!l & Associates, dated March 6, 2003, confirms that South Florida Water Management District does not have any interest in, nor does it regulate the property currently encumbered by the LME. The Homeowners Association documents for Pebblebrooke Lakes Homeowners Association provide in Section 7.2.11, Section 7.2.12 and 7.13, for variances and encroachment into the various easements located throughout the subdivision, and otherwise, the Homeowners Association will still be to effectively maintain the lake in Tract L-4 unaffected by the encroachments. In the past, under a prior (but now discontinued) policy Collier County staff had reviewed and, where appropriate, issued building permits which allowed for encroachments into lake maintenance (and certain other) easements. However, DEC 1 6 2003 I~. recognizing that these encroachments into easements were more properly administered through the vacation petition process, staff no longer relies solely on a letter of no objection (LONe) to issue a building permit that in effect releases a portion of an easement to the extent of the encroachment. In this instance, because of the special needs of Devon Paffel, and the irreparable harm that could have come to Devon Paffel as a result of a continuing delay in the construction of the swimming pool, the county issued the conditional building permit to allow for the immediate construe[ion of the pool. Additionally, because the pool is desired by the Paffels to be considered a "permanent" structure, the staff while believing the permit should be granted, felt it appropriate to have the Board of County Commissioners decision to issue the conditional building permit so that the Paffels could rely on the continued existence of the pool, deck, and cage as they have now been constructed. RECOMMENDATIONS: Staff recommends that the Board of County Commissioners ratify the conditional building permit issued by Collier County to Kelly and Wendy Paffel for the construction of their pool, deck, and cage at 282 Shellstone Court, Naples, Florida 34119. , f ger, Cou. ntv Bu'Cd1'r')~ Official DATE: Ed Perico, Director Building Review and Permitting REVIEWED BY-'~Q~, [.~ DATE: Patrick G. White, Assistant County Attorney / J,Cseph K. Schmitt, Administrator ommunity Development & Environmental Services AC, ENOA DEC I 6 2003 EXECUTIVE S U M MARY THAT TIlE BOARD OF COUNTY COMMISSI¢)NERS APPROVE A RESOLUTION THAT AUTHORIZES THE ENGINEERING SI,;RVICES DEPARTMENT TO PETITION THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT TO DELEGATE A PORTION OF TilE ENVIRONMENTAL RESOURCE PERMITTING PROGRAM. OBJECTIVE: To approve a resolution that attthorizcs the Engineering Services Department to petition the South Florida Water Management District ("District") to formally delegate a portion of its environmental resource-pem:itting program. CONSIDERATIONS: On November 18. 2003, the Board of County Commissioners ("BCC") approved the filing of the Petition for Delegation of all or a portion of the District's responsibilities under the environmental resource permit program by following the procedures as set forth in 62- 344.300 F.A.C. 62-344.400 F.A.C. requires the petition to be accompanied by a resolution approved by the BCC, which expresses support for the petition. By petition, Engineering Services will seek delegation from the South Florida Water Management District ("District") of a portion of certain permitting, compliance, and entbrcement responsibilities, associated with implementation of the Environmental Res~',urce Permit program under part IV of Chapter 373 of the Florida Statutes. The delegation would include County responsibility for (1) the Management and Storage of Surface Waters permit programs under subsections 373.414(11)-(16) of the Florida Statutes and (2) tbr the Management and Storage ,~f Surface Waters permit programs under subsections 373.414(11 )-(16) of the Florida Statutes. Engineering Services presently reviews the \Vater Management Systems tbr freestanding projects less than 40 acres in size containing no wetlands. SF\VNID. thorough its rules, delegated this review authority to Collier County in September 1980. and. xxhile the occasional clarification letter has been sent by SFWMD, there has been no tbrmal legal agreement bctxveen SFWMD and Collier County. If the District grants the County's Petition, then any subsequent delegation agreement that is negotiated by staff with the District will be scheduled lbr BCC consideration and approval. FISCAL IMPACT: None. CDES charges a review fee based on the size of the project to recoup staff costs, GROWTH MANAGEMENT IMPACT: There is no impact to the growth management plan associated with the filing of the petition or with any subsequent delegation agreement entered into by the BCC and the District. RECOMMENDATION: That the Board of County C)mmissioners approve a resolution that authorizes the Engineering Services Department of the Community Development and Environmental Services Division in coordination with the Office of the County Attorney to petition the South Florida Water Management District to delegate a portion of its Environmental Resource Permitting program. DEC 1 6 2003 PREPARED BY: STAN CH~ANO~SKI, P.E. MANAGER REVIEWED BY. / THOMAS E. KUCK, P.E. ENGINEERING SERVICES DIRECTOR Date: REVIEWED BY: JENlx~E~ A. B~LPE}~'I'Ox ASSISTANT COUNTY',A27TORN E Y APPROVED BY: -~PH K. SClqMITT, ADMINISTRATOR (/~OMML~ITY DEV. AND ENV. SERV. 2 DEC 1 6 2003 RESOLUTION No. 2003-~ A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AUTHORIZING THE ENGINEERING SERVICES DEPARTMENT TO PETITION THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT TO DELEGATE A PORTION OF THE ENVIRONMENTAL RESOURCE PERMIT WHEREAS, In September 1980, the South Florida Water Management District ("SFWMD") delegated its revie~v authority of Water Management Systems to Collier County for freestanding projects less than 40 acres in size containing no wetlands; WHEREAS, On November 18, 2003, the BCC authori×ed Engineering Services to file a Petition for Delegation to seek formal delegation from SFWMD of a portion of certain permitting, compliance, and enforcement responsibilities, associated with implementation of the Environmental Resource Permit program under part IV of Chapter 373 of the Florida Statutes; gVHEREAS, the BCC desires the delegation to include County responsibility for (1) the Management and Storage of Surthce Waters permit programs under subsections 373.414(11)-(16) of the Florida Statutes and (2) for the Management and Storage of Surface Waters permit programs under subsections 373.414( 11 )-(16) of the Florida Statutes; WHEREAS, 62-344.400 F.A.C. requires the Co~tnty to file a petition for delegation accompanied by a resolution approved by the BCC, which expresses support for the petition; ~VHEREAS, the BCC deems it appropriate and in the best interest of the public health, safety and welfare to adopt this resolution, which provides the requisite support for the petition. NOW, THEREFORE, BE IT RESOLVED BY TIlE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: The BCC authorizes Engineering Services Department to Petition the South Florida Water Management District on its behalf to delegate a portion of the Environmental Resource Permit program. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this __ day of ,2003. ATTEST: BOARD OF COUNTY COMMISSIONERS. Dwight E. Brock, Clerk OF C()LLIER COUNTY, FLORIDA By: By: Deputy Clerk Tom Hcnning, Chairman Approved as to form and legal sufficiency: Jennifer A. Belpedio Assistant County Attorney DEC 1 6 2003 EXECUTIVE SUMMARY APPROVE PROFESSIONAL SERVICES AGREEMENT NO. 03-3473 IN THE AMOUNT OF $337,466.00, FOR PLANNING SERVICES TO BE PROVIDED BY HDR, INC. FOR A COMPREHENSIVE ZONING OVERLAY FOR THE BAYSHORE/GATEWAY TRIANGLE REDEVELOPMENT. OBJECTIVE: Approve the negotiated Agreement, in the amount of $337,466, for Professional Services with HDR, Inc. for planning services for a comprehensive zoning oveday for the Bayshore/Gateway Tdangle Redevelopment Area. CONSIDERATIONS: On November 14, 2003, the CRA Board approved the negotiated Agreement, in the amount of $337,466, for professional services agreement with HDR, Inc. for planning services for a comprehensive zoning overlay for the Bayshore/Gateway Triangle Redevelopment Area. On September 30, 2002, the CRA approved the Bayshore/Gateway Triangle CRA Advisory Board recommendation to hire a professional consultant to prepare a comprehensive zoning overlay for the Redevelopment Area, using funds from Fund 187 (Bayshore/Gateway Triangle Redevelopment). CRA Staff solicited proposals from qualified consultants through a Request for Proposal process in accordance with Flodda State Statute 287.055. Notices were sent to 5 firms and 2 responses were received by the due date. Staff began contract negotiations with the top ranked firm for planning services for a comprehensive zoning overlay for the Bayshore/Gateway Triangle Redevelopment Area, Staff successfully negotiated with the Consultant, HDR, Inc. and established a fair and reasonable amount of $337,466 for this contra¢ Services within this contract also include coordination with staff to conduct several informa. ,~al meetings to acquire public input on the project. FISCAL IMPACT: The total cost for this contract is $337,466. Funding in the amount of $337,466 will come from Fund 187 (Bayshore/Gateway Triangle Redevelopment- Other Contractual Services). GROWTH MANAGEMENT IMPACT: None. ADVISORY BOARD RECOMMENDATION: Approve the negotiated Agreement, in the amount of $337,466, for Professional Services with HDR, Inc. for planning services for a comprehensive zoning oveday for the Bayshore/Gateway Tdangle Redevelopment Area. AG~:NDA ITEM ~O1~ ~3L,~,i~, URBA'-"~ DESIGN PLANNER COMPREHENSIVE PLANNING DEPARTMENT DATFI ,, RANDY COHEN, MANAGER COMPREHENSIVE PLANNING DEPARTMENT 12-Ao3 DATE STAN LITSINGER, AICP DIRECTOR COMPREHENSIVE PLANNING DEPARTMENT DATE APPROVED BY: .~ //~.)~SEPH K. SCHMITT DATE //ADMINISTRATOR L/' COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES EXECUTIVE SUMMARY REQUEST THE BOARD APPROVE A RESOLUTION WHICH PERMITS THE TRANSPORTATION SERVICES DIVISION ADMINISTRATOR TO ACCEPT ON BEHALF OF THE COUNTY PRIVATE DONATIONS OF PLANTS FOR THE PUBLIC BENEFIT, AND WHERE APPROPRIATE, TO GIVE SUCH PLANTS FOR BUFFERING TO PRIVATE PROPERTY OWNERS WHO HAVE BEEN IMPACTED BY PUBLIC PROJECTS. -- OBJECTIVE: To request the Board approval of a resolution which would allow nurseries and other private entities to donate plant material to the County. CONSIDERATION: The donated plants may best be utilized for buffering purposes, such as in the public fights-of-way, for the general beautification of the community, such as in public lands and parks, or for other public benefits. Since it is recognized that certain public projects, such as the construction of roads and public utilities, may impact local property owners, this donated plant material may be used to mitigate the impact of the road construction. Furthermore, it is recognized that it serves a public purpose for private property owners to maintain landscape buffers, which reduces maintenance costs to the County and also generally serves to beautify the community. Where appropriate the donated plant material may be used to buffer residential area adjacent to retention ponds, and may be used as part of the median planting in accordance with "Collier County Landscape Beautification Master Plan". SCAL IMPACT: There will be no affect on the Board's budget. GROWTH MANAGEMENT IMPACT: This request for approval of the attached Resolution is consistent with the Collier County Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners approve the attached Resolution "l~ela J. Lulich, A~;a~, Project Manager , ~ Traff~perations ~d Alternative Transportation lvlodes REVIEWED BY: ~ ~ DATE: Dian~ l~la~ig, Director Traffic Operations and Alternative Transportation Modes AGENDA ITEM i,.to. ~ DEC 15 2003 Execuii3e Summary Page2 of 2 APPROVED BY: / ¢~--//n~/. ~ __ or ~lormj~n E..Fed'e._.r: AIC P, Administrat Tran/~portation D. ivision Attachment No. 1 - P~oposed Resolutton DATE: "---~.~qFrN,gA (TEM DEC 1 0 2003 -- RESOLUTION NO. 2003-~ A RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, WHICH PERMITS THE TRANSPORTATION SERVICES DIVISION ADMINISTRATOR TO ACCEPT ON BEHALF OF THE COUNTY PRIVATE DONATIONS OF PLANTS FOR THE PUBLIC BENEFIT, AND WHERE APPROPRIATE, TO GIVE SUCH PLANTS FOR BUFFERING TO PRIVATE PROPERTY OWNERS WHO HAVE BEEN IMPACTED BY PUBLIC PROJECTS. WHEREAS, from time to time, nurseries and other private entities wish to donate trees and other plants to the County; and WHEREAS, such plants may best be utilized for buffering purposes, such as in the public rights- of-way, for the general beautification of the community, such as in public lands and parks, or for other public benefits; and WHEREAS, it is recognized that certain public projects, such as the construction of roads and public utilities, may impact local property owners; and WHEREAS, it is recognized that the planting of trees and other buffering plants between these public projects and private property owners, both on publicly and privately owned land, mitigates the impact of such projects upon private property; and WHEREAS, it is recognized that it serves a public purpose for private property owners to maintain landscape buffers, which reduces maintenance costs to the County and also generally serves to beautify the community; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: The Collier County Transportation Services Division Administrator is hereby authorized to accept donated plants on behalf of the County, which may to be utilized for the public benefit in the public rights-of-way, in County facilities, and in all other public lands and parks, and where found by the Administrator to be appropriate, to accept donated plants to be then or later donated to private property o,vners who have been impacted by public projects, to be used to mitigate such impa~t~ p~r~-~l~.~T~M such private property owners agree to maintain such plants, i BEC 1 ~ 2003 This Resolution adopted alter motion, second and majority vote favoring same, this ,2003. day Of ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: , Deputy Clerk By: TOM HENNING, Chairman Approved as to form and legal sufficiency: Jeffrey A. Klatzkow Assistant County Attorney AGEN[~A If EM EXECUTIVE SUMMARY APPROVE A BUDGET AMENDMENT FOR THE FOREST LAKES MSTU TO TRANSFER $587,000 FROM RESERVES FOR FUTURE CONSTRUCTION TO CAPITAL AND OPERATING EXPENDITURE BUDGET OBJECTIVE: To obtain approval from the Board of County Commissioners to process a budget amendment to transfer $587,000 from Reserves for Future Construction to the Forest Lakes MSTU Capital and Operating Expenditure budget. CONSIDERATIONS: On November 19, 2003, the Forest Lakes Advisory Committee met and discussed the Drainage Master Plan recommendations presented by Wilson Miller and the current allocation of funds within Fund 155 Forest Lakes MSTU. The Committee requested and voted to have funds transferred to the Capital and Operating Expenditure Codes to provide the funds to implement Phase One and the Priority Improvements recommended by the Wilson Miller Drainage Master plan and to repair the potholes in the roads within the MSTU boundaries. Priority Improvements and Phase One of the Wilson Miller Drainage Master plan include cleaning out the swales, placing a weir gate, removing debris and rocks from Lake 4, and placing single family culverts and cross drains. _~-~[ISCAL IMPACT: A budget amendment is needed to transfer $587,000 from Reserves for uture Construction to Capital Improvements General and Operating. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: That the Board of County Commissioners approve the necessary budget amendment to transfer 587,000 from Reserves to the Forest Lakes MSTU Operating and Capital budget. Date: il ~ Diane ;ctor, Traffic Ops. and Alt. Transp6rtati6n'Modes Department REVIEWED BY: Norm~ APPROVED BY: ~~ Date: tif2~fl°J E. Feder, AICP, Administrator Transp0rtaUofi Services Division OEC 1 2003 FOREST LAKES eo,\ I)XVAY AN 1) DR,\ 1N,\(; !~ NI.S.'F.U. ADVISORY COMMITTEE 2705 IIORSEStlOE DRIVE SOUTtl NAPLES, FL 34104 hl~enda December 17, 2003 II. III. IV. V. VI. VII. CALL MEETING TO ORDER: ATTENDANCE: APPROVAL OF MINUTES: November 19, 2003 APPROVAL OF AGENDA: TRANSPORTATION SERVICES REPORT A. Budget- Val Prince OLD BUSINESS A. Report by Wilson-Miller - Craig Pager 1. Update on Specification Contract B. Update on turn lanes onto Pine Ridge from Forest Lakes Main Entrance NEW BUSINESS: A. Results of special meeting with Golf Course - Bob Jones B. Ownership of Woodshire Lane - Val Prince VIII. PUBLIC COMMENTS IX. ADJOURNMENT The ttext meetit~g will be ,htttttctt'V 2 l.~'t~ 2003 at I0:00 ..t T TIlE I-'ORE'SI' L.-t KES CL [ ~BHO[ SE 1058 l:ore~'t Lakes Drive .N'alde.~', FL 34105 A~N~A No. DEC 1 6 2{}03 FOREST LAKES ROADVqAY ANI) 1)I~.\INAGE 51.S.T.U. ADVISORY COMMITTEE 2705 tlORSESHOE DRIVE SOUTH NAPLES, FL 34104 MINUTES November 19, 2003 1II. IV. The meeting was called to order at 10:07 ANI by Chairman Robert Jones. ATTENDANCE: Members: Bill Seabury, Bob Cunningham, Roger Somerville, Virginia Donovan, Bob Jones County: Val Prince-Landscape Operations, Tessie Sillery-Operations Coordinator, Diane Flagg-Director Traffic Operations-ATM-kandscape Operations, Jerry Kurtz-Project Mgr./Storm Water Mgt., Bob Tipton- Traffic Operations Engineer Others: Robert Kindelan-CkM, Rebecca King-Wilson Miller, Craig Pajer-Wilson Miller, Sue Chapin-Manpower Services, and approx. 10-15 ;¢csidents. (Sheet attached) APPROVAL OF MINUTES: October 15, 2003 Roger Somerville moved to approve the minutes of October 15, 2003. Second by Virginia Donovan. Carried unanimously 4-0. APPROVAL OF AGENDA: Under Old Business add: C. Maintenance Contract for Woodshire Ditch Bob Cunningham moved to approve the Agenda as amended. Second by Roger Somerville. Carried unanimously 4-0. TRANSPORTATION SERVICES REPORT A. Budget- Val Prince handed out the Budget sheets. He explained the various accounts, line items and Revenues. (Attached) 1. Pot Hole Update - Invoice for Road & Bridge on Pothole repairs is for $934.79. That account is now in the negative. Originally budgeted $500.00. (The Committee directed the County to fill the pot holes.) It was noted they are in need of repair again. Val mentioned the fund for Electricity is also in the negative of $37.50. General Improvements are in the negative $3,750.00. Those 3 accounts will need adjusting. DEC 1 2003 VI. Val recommended monies be moved from "Reserves for Future Construction" and done all at the same time aftcr Craig Pajer's presentation. Transfer of Funds - will discuss further after Wilson Millers presentation. OLD BUSINESS B. Traffic Concerns onto Pine Ridge - Bob Tipton Bob Jones suggested a dual let~ and the right lane go left or right on red only. Bob Cunningham stated they have a problem for approx. 10 weeks during the year - to make a double tum. lane and not a right at the traffic light at Pine Ridge and Forest Lakes Blvd. He feels the green light is for too short a time period. He felt the solution was to extend the timing of the green light in order to get more cars out of the entrance onto Pine Ridge Road. Bob Tipton informed the Committee they cannot extend the timing of the light any longer than it already is. It is getting 24% of the cycle time and can't take any more time away from Pine Ridge Road. The times change during the day and he is looking at the AM rush peak hours. There have been complaints with right tums on red while Pine Ridge west bound has the green arrow. There have been requests of posting and changing "no turn on red". The sign now says "right turn on red, yield to U-turn traffic". The '~no turn on red" will reduce the traffic going out. After a lengthy discussion, Bob Tipton recommended installing a "dual use left turn lane" - 30 seconds green in AM, and "no turn on red". ...... can do the markings and changes within a month. Bob Cunningham is in favor of the dual let't, but not the "no turn on red". It was discussed that residents should be able to turn right on red in the non-peak hours. More discussion lbllowed on possibilities. Mary Marconi (resident) stated she doesn't want to increase the traffic, but she would take the road behind Publix to get onto Pine Ridge. Mr. Tipton stated it might be an alternative. Roger Somerville moved to have the County install a dual left lane "left only" option of the right lane; "left turn, through traffic or right turn on red." They will study the options of the right lane, leaving it as is, (which is right turn on red, yielding to U-turn) with the possibility of changing the right lane to "no turn on red" eventually if needed. Second by Bob Cunningham. Carried unanimously 4-0. Update on Proposed StudyfWilson-miller - Craig Pager A report was handed out. (Attached) Map displayed. Table 1 - Swale Re-grading 2 DEC 1 $ 2003 ?g. · Majority of swales are on golf course property, but considered joint in nature as originally designed. · No historical data so took Counties fixed term construction costs (3 contractors) at hourly rate for; equipment operator, laborer, foreman and equipment. Estimated in one day they could reconstruct 100 feet of swale. · Estimated cost $629,325 Table 2 - Swale Replacement with Pipes. · A pipe could be used instead of re-grading swales. · Estimated cost. $3,050,595 Craig discussed the east side of Forest Lakes - all swales drain to Lake #12 - outfalls to Swale # 18. A controlling factor is the elevation of the water in the canal adjacent to Forest Lakes. When extreme flooding, water level in canal is high and above elevation. Have no control over the elevation in the canal that goes to the Gordon River, taking care of the flow internally. Need to clean up everything in Forest Lakes so not responsible for any internal flooding - then if it can flow it will. The County is responsible for the Gordon River. Craig commented that $600,000 to re-grade the swales is costly, but is 20% of what it would cost to put a pipe in, which is a long-term fix. They would be paying 5 times more money, but more ora permanent solution to the drainage problems. The Committee will have to make that dec .on. The total flow during a 100 year rainfall for the Forest kakes development on the east side is 200 Cubic feet/sec. Double it when adding the whole area. (Bill Seabury arrived- 10:50 AM.) Table 3 - Additional Improvements. · Single Family Side Yard Culverts - pipes and catch basins - replacing the swale with a pipe. Est. cost $549,885 · Single Family Roadway Cross Drains - connections to each side of roadway so swales of homes on east side would connect to west side swales. Instead of going toward golf course, xvould flow to north south canal. Est. cost $117,000 · Lake/Swale Interconnects - connect lakes, replacing swales w/pipe and put a catch basin in golf course swale to intercept the flow in swale putting it into the lake. Est. cost $87,842 Valley Gutter along Woodshire Lane - problem is buildup on east side - add 2 foot valley gutter to roadway. Will take water off asphalt, channel into valley swale, and direct to eastern perimeter ditch or #18 ditch. Est. cost $120,000 Lake Enlargements -4% of land allocated to lakes. Naples Bath 8,: Tennis is 17%. Part of problem is when it rains no place for water to go giving more volume to the lakes. Need app~ 3 DEC 1 2003 golf course and would double the amount of lakes to 8%. Est. cost $1,771,189 Water Storage Tank - concrete tank for golf course to store irrigation water. They are now getting reclaimed water from City of Naples. Putting water in the lakes is taking up volumes of water that could be used to store run off for storm drainage. Solution is to take reclaimed & irrigation water for the golf course out of the lakes, by having a storage tank that would be filled through-out the day. Showed site location by Lake #8. 1M gal tank. Est. cost $400,000. De-silt Twin Culverts at Hole 5 -by Lake ~t4 - Est. cost $17,280 Littoral Zone Plantings (Lake vegetation) - planted around lakes on the golf course. Est. cost $127,850 Add Catch Basins Along Forest Lakes Blvd - Man holes there and no way for water to go into the storm sewers. Est. cost $24,0O0 New Outfall ~ Fairways at Emerald Greens/Single Family Homes - connect lakes and outfall to eastern drainage ditch to relieve existing control structure and capacity of ditch by routing it out of Forest Lakes into the east south canal. Est. cost $107,625 Potential Solutions: Yq cost estimates given at this time. · Forest Lakes Viii: wale Installation - driveways have inverted concrete swales - soa is high - put swale in for drainage. Committee needs to decide whether they will be getting involved in individual Condominium Assoc. to make improvements, or leave those improvements to the individual Assoc. themselves. Will the MSTU correct swales in front of all single family homes, or just provide the infrastructure, allowing them to grade the homes properly and take responsibility for the maintenance of their own systems. · Repave & Add Storm Drains- Quail Forest Drive ~ Clubhouse - Roadway deteriorating- culvert there - ground higher than culvert - no place for water to go. Need to repave roadway and put swales and culverts in for drainage. · Swale #18 Vegetation Maintenance - eastern swale- vegetation from Naples Bath & Tennis overgrows on top of swale - leaves and roots - need to hire someone to keep cleaned out. · Clubhouse Parking Lot Underground Water Storage- taking out parking lot and putting in plastic water vaults. Connect to lakes - expensive. Table 4 - Enlarge Lakes · Description of each lake- doubling the volume. E: $1,771,189 t. cos~q~N~A DEC 1 S 2003 ;-~g. ~ DRAFT WORK PLAN - PRIORITY IMPROVEMENTS Clean out swales #18b & #18c - chtical as it is 1 ½ foot too high - will get drainage out of Lake 10 & Lake 12. Est. cost $68,731 Weir Gate -Lake 12 - planks raise the water level so it can't get out of the lakes in Forest Lakes and go through the pipe into the swale. Planks are difficult to remove and install - better to have a weir gate to raise and lower. Can maintain the water levels more accurately. Est. cost $12,000 · Remove Rocks & Debris from Lake #4 -the build up of rocks and debris is restricting the flow - also on the outfall side that need to be cleaned. Est. cost $20,000 · Priority Improvements total estimated cost: $100,731 DRAFT WORK PLAN - PHASE I · Swale #2 Re-grade - by Forest Lakes Villas - Est. cost $66,803 Swale #16 Re-grade- by Belvedere- Est. cost $50,098 · Connect F-3 (Fairway) to Lake 2 - by Clubhouse- Est. cost S20,450 · Single Family Cul L ts & Cross Drains - Est. cost $65,370 · Phase I total estimated cost: $202,720 Virginia Donovan stated large rocks or boulders have been dumped into the lakes. Lake ~6 should be corrected first as they arc very laroe., rocks. Craig stated there should be no rocks in the lakes. Lou Rossi, Quail Run General Manager - stated the level of the golf course was never raised. Asked about increasing the lakes from the 4% to 8%. Is property, going to be taken? Craig responded some fairway would be taken. Lou said that would be a major problem. Inet,~ :'~e the lakes would be nice but can't increase the lakes with the expense of taking the f ,. Craig stated they looked at it from an engineering perspective. That will be a decision between the Board and MSTU Committee. Lou also asked if Wilson Miller had checked the soil for what the depth is and how deep the stone cap is. When they put in 20 additional new greens they found large rocks which would have been astronomical to remove, so consequently they dumped them in the lakes. Lou also mentioned they received notice from the County they can no longer spray for weeds because the acidity of the golf course and lakes are too high because of the run off from the 14 communities. He stated it is imperative the water get off the golf course and indicated there may be some serious legal problems. Craig would like a copy of the notice that was sent to Lou by the County. No.A~EI~A~ DEC 1 $ 2003 5 Pg' 7 Lou mentioned when the new greens were added they did raise them. (Bob Cunningham left at 11:30 PM.) Jerry Kurtz informed everyone two years ago the County spent $200,000 on a major clean out of the southern most portion of the upper branch of the Gordon River. They took out a lot of debris from the clogged area, but are now clean and being maintained. It is working properly. The Wilderness Golf Course and Royal Poinciana is draining because of the improvements to the Gordon River and their own internal improvements. If Forest Lakes cleans out their internal system it will also work a lot better. Discussions followed further on various problems with water flow and drainage in the community. Jerry Kurtz stated the canals have all been cleaned out from the bottom of Forest Lakes to Golden Gate Parkway and another half mile south to the Conservancy. They worked with Royal Poinciana and Wilderness with barges etc. to clean them out. A Gordon River study will determine how big the channel needs to be dug out and will then get proper permits etc., but is cleaned out and working properly now. He suggested to stop putting the blame outside of the Forest Lakes project, and the MSTU Committee needs to start working on their swales and vote today to implement Phase I of the Work Plan and start some action immediately. Roger Somerville wanted to get a proposal from Butler Engineering for a pump station and prioritize what needs to be done on the golf course and get the roads fixed. Jerry Kurtz responded the pot holes are all related and a direct result of the problems they have with their own (Forest kakcs) drainage. They need to take care of the pot holes now since they are so bad, which shows the urgency of implementing the work plan. As the projects and improvements are done, the pot holes will be less and less severe. He also said Julio Ordones tried his best years ago for the Committee and now they need to continue and get the projects started again. Roger Somerville moved to get an estimate from Craig Pajer/Wilson Miller & Butler engineering for a pump station to understand the cost difference. Second by Bob Jones. Wilson Miller did not recommend a Fump station in their plan. After completion of the study, it is their opinion it can be drained by gravity and a pump station is not needed. Vel mentioned there would be long term maintenance and replacement costs to the residents and would not recommend putting it in either. Motion fails 3 - 1 - Donovan, Jones & Seabury voting "no" - Somerville voting "yes." Diane Flagg addressed the Committee stating they havc spent money to hire Wilson Miller to develop a plan on how to get the water off the property into the Gordo~ IDEC 1 {i 2003 A motion needs to be made to implement the Work Plan and Phase I and allocate $2-3,000 to continue to repair the potholes until the water can be taken offthe road. No sense in allocating funds fbr an overlay until the plan is implemented to get the water off the road. Bill Seabury moved to implement the Draft Work Plan and Phase I that was recommended by Wilson Miller for an estimated cost of approx. $300,000. Second by Bob Jones. - Bill wondered if just the priority improvements could be done first. - Val said the committee needs to get easements from the golf course and would like the motion to be amended to include acquisitions are needed for any easements necessary; whether they be construction or drainage easements. Bill Seabury amended his motion to include acquiring any needed easements from the golf course or needed property owners in implementing the Work Plan. Bob Jones amended his second. Motion carried unanimously 4-0. Bob Jones moved to authorize Collier County and Wilson Miller prepare a Scope of Work for services for plans, costs, design and specifications. Second by Roger Somerville. Carried unanimously 4-0. Bil!.?sea~urY ~v-edt°transfer the-maj0ri~f tli~$587,000~.to ,:~~~ ~..=~:. General with the ~mainder of the funds tO 'be di'~']d~am0'ng the oPerating categories in the amounts appropriate to cover the deficit accounts and any other accounts necessary. Second by Bob Jones. A Budget Amendment and Executive Summary will be prepared. Carried unanimously 4-0. C. Maintenance Contract for Woodshire Lane Drainage Ditch- Roger moved to cancel the contract with Commercial Land Maintenance to clear Woodshire Ditch. Second Virginia Donovan. Robert Kindelan/CLM explained his contract is for once a month to do weed control on the banks of the canal and control plant material that impedes the flow of water. They are not to clean out or dredge out the canal. They did it on a one time basis with a back hoe etc. He also said it didn't make sense to do the maintenance if they are going to excavate the canal, so it would be logical for them not to do that particular maintenance. Motion carried 3-1. Bill Seabury voting "no. Bill Seabury wanted to reword the contract according to the extra xvork that should be done and maintained. They are paying $260/Month for those services. DEC i 5 2003 VII. NEW BUSINESS: A. Estimate on Weir Gate - Craig Pajer/WM - discussed earlier B. Quotes for cleaning out the ditches & swales - Val Prince - discussed earlier. C. Results of meeting with Golf Course - Bill Seabury - The committee has a copy of the Special Meeting held on October 23, 2003. Another follow-up meeting will be held at Quail Run Clubhouse on December 10, 2003 - time to be determined. D. Ownership of Woodshire Lane - Val Prin 'e Val handed out a copy of the tax map. (Attached) There are issues on the ownership of the right-of-way. Will cost $150 for each parcel for a title search. There was a lengthy discussion on the ownership and verification of a certified title search for Woodshire Lane. Legally this will have to be done before a contract or any improvements are done on the properties. Easements need to be verified. Improvements cannot be made on private property unless the owner's permission is given. (Associations etc.) Bob Jones moved to authorize staff to get the Abstract Title work done by a Certified Title Company to verify the ownership and right- of-way of Woodshire Lane from Pine Ridge to Emerald Greens including Woodshire Villas, not to exceed $500.00. Second by Roger Somerville. Carried unanimously 4-0. D. Sunshine Law Workshop- 12/5/03- 2-3:30 or 1/14/04-9-10:30 Val would like authorization to provide an RLS to the County Attorney to review the Ordinance making sure the MSTU is incompliance and the Ordinance doesn't have to be modified and continue without changing it. The Committee feels they should not have to pay any legal tees for the County Attorneys Office to review the Ordinance that they created originally. Val will discuss street lighting xvith the Committee at another meeting. VIII. PUBLIC COMMENTS - Ernie Carroll discussed the potholes, grants and sidewalks for future consideration. Being no further business to come before the committee Roger Somerville moved to adjourn. Second by Bob Jones. Meeting adjourned at 1:25 PM. The next meeting will be December 1 7th, 2003 at 10:00 A.31. A T TIlE FOREST L. I KES CL [ 'BftOI:SE I058 Fore.st L,'tt, c~x Drive .Vaple~', [:L 34105 DEC 1 2003 pg. JO EXECUTIVE SUMMARY APPROVE TWO FLORIDA COMMUNITIES TRUST, FLORIDA FOREVER GRANT CONTRACT AGREEMENTS, ONE IN THE AMOUNT OF $1,909,200, REIMBURSEMENT FOR THE PURCHASE OF THE BAREFOOT BEACH OUTPARCEL AND ONE IN THE AMOUNT OF $1,100,000, REIMBURSEMENT FOR THE PURCHASE OF MITIGATION LANDS FOR THE LELY AREA STORMWATER IMPROVEMENT PROJECT AND AUTHORIZE THE APPROPRIATE DIVISION ADMINISTRATOR TO EXECUTE ALL DOCUMENTS IN CONNECTION WITH EACH PROJECT, AS CONTEMPLATED IN THE AGREEMENTS Objective.: To further the goals of the Barefoot Beach Land Management Plan and the Comprehensive Pathways Plan through participation in the Florida Communities Trust Florida Forever grant program. Considerations: On May 13, 2003, the Board authorized county staff to apply for two Florida Communities Trust grants. On October 2-3, 2003, the Florida Communities Trust (FCT) Governing Board selected both Collier County projects for funding during the FF3 grant cycle. The Parks and Recreation Department was awarded $1,909,200 for reimbursement for the purchase of the Barefoot Beach Preserve outparcel. This parcel was purchased for $4,773,000 in December of 2001. Transportation Division's Department of Traffic Operations and Alternative Transportation Modes was awarded $1,100,000 for reimbursement of the 99-acre Lely Area Stormwater Improvement Project mitigation site. The County acquired this parcel in August of 2002 for $2,750,000. Special conditions of the Barefoot Beach Preserve outparcel contract include exotic removal, development of recreational and educational elements on site, preservation and restoration of natural communities, and preservation of archeological resources. Special conditions of the Lely Area Stormwater Improvement Project mitigation site contract include restoration of 68 acres of degraded natural areas, development of resource-based recreation facilities, installation of interpretive signage, and institution, if necessary, of a prescribed burn regimen. Fiscal Impact: No fiscal impact is associated with approving the grant contracts and authorizing the appropriate Division Administrator to sign the grant contracts. A net positive fiscal impact is associated with accepting these grant awards. A portion of the $1,909,200 reimbursement for Barefoot Beach will be used to meet grant requirements for exotic removal and recreational and educational element development. The remainder will be returned to the General Fund. The $1,100,000 reimbursement for the mitigation lands will be used for design/construction of Pathway Greenway projects. No._ t~o.r~ ~ DEC 1 6 2003 Growth Management Impact: The Florida Forever Program rewards projects that demonstrate consistency with the local comprehensive plan. The Barefoot Beach Preserve outparcel is inventoried in the Growth Management Plan. The implementation of the Comprehensive Pathways Plan is a directive of the Transportation Element of the Growth Management Plan. Recommendation: That the Board of County Commissioners approve the two grant contracts and authorize the appropriate Division Administrator to sign the grant contracts associated with the award of two Florida Communities Trust Florida Forever grants. Submitted by-~t/~'~~/:/~"~'~c-/~.~. ;~? Date: ' ~.__.A~mfi~a 6. gffownse~'~nd': Ope}aiio~s~oordinator Parks a~ Re~re~epa~me~ ~. ~~%g~erlin, Pnncipal Planne Reviewed by: Reviewed by: Approved by: jT5 Di~si~ Approved by: ¢ Traffic Operations/~lternative Transportation Modes Department l~ifi ~:Ram'sey, Direc~ P~ks and Recreation D~ment Diane Flagg, Director erations and Alternative Transpo~ation Modes Department ~~ ~ Date: /~/~ t~f~nuck, Administrator i~ i°v~:ne do;r~- rAadn anion ir tSat ~iaot 101r - AO. N No. DEC 1 6 2003 pg._ ~ FCT Contract Number __-CT- FLORIDA COMMUNITIES TRUST 03-073-FF3 THE "PRESERVE THE PRESERVE" BAREFOOT BEACH OUTPARCEL CSFA# - 52002 GRANT CONTRACT , 200_, the date THIS AGREEMENT is entered into on the last party executes this Agreement, by and between the FLORIDA COMMUNITIES TRUST (FCT), a nonregulatory agency within the State of Florida Department of Community Affairs, and COLLIER COUNTY, local government of the State of. Florida (Recipient). The intent of this Agreement is to impose terms and conditions on the use of the proceeds of certain bonds, hereinafter described, and the lands acquired with such proceeds (Project Site), that are necessary to ensure Compliance with applicable Florida law and federal income tax law and to otherwise implement provisions of Sections 259.105,259.1051, and Chapter 380, Part III, Florida Statutes (F.S.). WHEREAS, Chapter 380, Part III, F.S., the Florida Communities Trust Act, creates a nonregulatory agency within the Department of Community Affairs (Department) that will assist local governments in bringing local comprehensive plans into compliance and implementing the goals, objectives, and policies of the conservation, recreation and open space, and coastal management elements of local comprehensive plans, or in conserving natural resources and resolving land use conflicts by pro*iding financial assistance to local governments and nonprofit environmental organizations to carry out projects and activities authorized by the Florida Communities Trust Act; 'WHEREAS, Section 259.105(3)(c), F.S., of the Florida Forever Act provides for the distribution of t~venty- two percent (22%) less certain reductions of the net Florida Forever Revenue. Bond proceeds to the Department to provide land acquisition grants to local governments and nonprofit environmental organizations through the FCT for acquisition of community-based projects, urban open spaces, natural resource conservation areas, parks, greenways and outdoor recreation areas to implement local comprehensive plans; WHEREAS, the Bonds are issued as tax-exempt bonds, meaning that the interest on the Bonds is excluded from the gross income of bondholders for federal income tax purposes; 03-073-FF3 11/10/2003 Preacquisition -1- A N I'1':. M _ DEC 1 2003 pg. 3 WHEREAS, Rule Chapter 9K-7, Florida Administrative Code (F.A.C.), describes the procedures for evaluation and selection of lands proposed for acquisition using funds allocated to the FCT through the Department from the Florida Forever Trust Fund; WHEREAS, the FCT Governing Board met on October 2 - 3, 2003, to score, rank, and select projects to receive approval for funding;. WHEREAS, the Recipient's project, described in an application submitted for evaluation, ~vas selected for funding and in accordance with Rule Chapter 9K-7, F.A.C., and more particularly described within this Agreement; WHEREAS, Rule 9K-7.009(1), F.A.C., authorizes FCT to impose conditions for funding on those FCT applicants whose projects have been selected for funding; and WHEREAS, Rule 9K-7.003(5) F.A.C., recognizes real property owned by the Recipient and included in the application as part of the Project Site as an eligible source of local match, provided that real property owned by the Recipient was acquired by the Recipient within 24 months prior to the application deadline for which the application xvas made. The date of this application deadline was June 10, 2003; WHEREAS, the Recipient acquired the fee simple title to the entire Project Site on (Insert Seller name[si); WHEREAS, the Recipient has requested disbursement of FCT Florida Forever Bond proceeds from FCT subsequent to the dosing on the acquisition of the Project Site for the project costs expended for the acquisition of the Project Site by the Recipient; and WHEREAS, the purpose of this Agreement is to set forth the conditions of approval that must be satisfied by Recipient prior to the disbursement of any FCT Florida Forever funds awarded, as well as the restrictions that are imposed on the Project Site subsequent to its cost reimbursement with the Bond proceeds. NOW THEREFORE, FCT and Recipient mutually agree as follows: I. GENERAL CONDITIONS 1. At least two original copies of this Agreement shall be executed by the Recipient and returned to the FCT office at 2555 Shumard Oak Boulevard, Tallahassee, FL 32399-2100, as soon as possible and before December 11v 2003. If Recipient requires more than one original document, the Recipient should photocopy the number of additional copies needed, and then execute each as an original document. Upon receipt of the signed Agreements, FCT will execute 03-073-FF3 11/10/2003 Preacquisition -2- DEC I S 2003 the Agreements, retain one original copy and return all other copies that have been executed to the Recipient. 2. This Agreement between the parties sets forth the requirements and responsibilities for cost reimbursement and management of the Project Site, described in the application that was submitted and selected for funding by FCT (Application). A royal for funding shall be until ~ (Expiration Date). In the event ., 3~ . ~ ,,~P_] ~ .... ;~,,,a ' ection V below has not been approved by the Exprat~on that me rroject rian uc,,~,,,,.,~ In S - ' ' Date, this Agreement Shall be terminated. The FCT may extend this Agreement beyond the Expiration Date if the Recipient demonstrates that significant progress is being made toward Project Plan approval or that extenuating circumstances warrant an extension of time. A request for an extension must be made in ~vriting to FCT, fully explaining the reason for the delay and why the extension is necessary. If the Recipient does not request an extension, or if an extension is not granted to the Recipient by the FCT, the Florida Forever award granted to the Recipient shall terminate and all obligations hereunder shall cease. 4. This Agreement may be terminated before its Expiration Date at the wriaen request of the Recipient. Such a request shall fully describe the circumstances that compel the Recipient to ferminate the project. A request for termination should be mailed to the FCT at the address given in paragraph 1 above] 5. This Agreement may bc terminated bcforc its Expiration Datc by thc FCT if it is determined by the FCT that no significant progress is being made toward Project Plan approval, non-performance by the Recipient of the requirements listed or that other circumstances are present that would, in all likelihood, preclude or prevent the successful reimbursement for the acquisition costs for the Project Site within the established time frame. Prior to termination, notice of the proposed termination shall be mailed to the Recipient at the address given in paragraph 13 below. 6. Recipient agrees to submit the documentation to FCT that is required in this Agreement as soon as possible so that the Project Site acquisition oosts may be reimbursed in an expeditious manner. Deadlines stated in this Agreement, as well as deadlines associated with any FCT activity relating to the project, are strictly enforced. Failure to adhere to deadlines may result in delays in the project, may result in allocation of time or resources to other recipients that responded timely, and may result in this Agreement being terminated by FCT. It is the responsibility of the Recipient and its representatives to know all project deadlines, to devise a method of monitoring the project, and to adhere to all deadlines. The Recipient shall provide a monthly status report to FCT of progress towards reimbursement of the acquisition project costs. 03-073-FF3 11/10/2003 Preacquisition -3- ~AGENI~A ITF..,M DEC 1 2003 7. The FCT Florida Forever award granted to the Recipient will in no event exceed the lesser of Forty Percent (40.00%) of the final total eligible project costs, as defined in Rule 9K-7.002(29), F.A.C., or One Million Nine Hundred Nine Thousand Two Hundred Dollars And No Cents ($1,909,200.00), unless the FCT approves a different amount, after determination of the Maximum Approved Purchase Price as provided in Rule 9K-8.007, F.A.C., and which shall be reflected in an addendum to this Agreement. The amount of the grant shall not exceed the Limitation of Award prOVided in Rule 9K-7.003(3), F.A.C., and as advertised in the Notice of Application. 8. The grant amount stated in paragraph 7 above is based on the Recipient's estimate of total project costs in its Application, as well as limits on awards in the notice of application period announcing the application cycle. When disbursing funds for the project, the FCT will recognize the actual total project costs, defined in Rule 9K-7.002 (29), F.A.C., for acquisition of the Project Site. The total project costs will be reflected on a grant reconciliation statement prepared pursuant to paragraph 10 below. The FCT will participate in the land cost at either the actual purchase price, or the Maximum Approved Purchase Price based on appraisal reports that comply with requirements set forth in Rule 9K-8.007, F.A.C., whichever is less, and multiplied by the percent stated in paragraph 7 above. 9. The FCT Governing Board has selected the Recipient's Application for funding to 1 ,~_.h~ to acquire the entire Project Site identified in its Application. The FCT resmwes the ';o -' withdraw or adjust the FCT award if the acreage that co~nprises the Project Site is reduced or the project design in changed so that the objectives of the acquisition cannot be achieved. Any request for modification of the boundary of the Prqiect Site identified in the Recipient's Application may be considered by the FCT following the procedures forsu~,m~s~on'" : ~' .... o.:~,_,~' review of boundary modification requests set forth in Rule 9K-7.010, F.A.C. 10.. The FCT funds shall be delivered either in the form of eligible project costs prepaid by FCT to vendors or in the'form of a State of Florida warrant to the Recipient. FCT award funds shall only be delivered after FCT approval of the Project Plan and terms of the acquisition of the Project Site. FCT will prepare a grant reconciliation statement prior to the reimbursement that will evidence the amount of local match, if any is required, provided by the Recipient. Funds expended by the FCT for eligible project costs incurred by the FCT will be recognized as part of the FCT grant award amount on the grant r~conciliation statement. 11. The Recipient's local match, if any is required, shall be delivered either in the form of eligible project costs prepaid to vendors by the Recipient; purchase price paid to Seller; or eligible documented donation by Seller of land value. The funds expended by the Recipient for eligible project costs incurred by the Recipient will be recognized as part of the local match, if any is required, on the grant reconciliation statement prepared pursuant to paragraph 10 above. In the event that preacquired land or donated land value is the source of local match, if any is required, the value attributed to the local match shall be determined after an appraisal report(s) that complies with the procedures and requirements set forth in Rule 9K-8.007, F.A.C. is reviewed and approved by FCT prior to FCT funds being delivered for the project. 03-073-FF3 11/10/2003 Preacquisition -4- AGENDA !TF¢t~I DEC 1 6 2.003 12. The Recipient shall provide the required appraisal(s) for review by a date not to exceed 90 days after execution of this Agreement. FCT will review the appraisals and, upon approval, will determine the Maximum Approved Purchase Price as provided in Rule 9K- 8.007(5) and (6), F.A.c., for FCT reimbursement. 13. Recipient hereby notifies the FCT that the following administrator, officer, or employee is the authorized key contact, or project manager, on behalf of the Recipient for purposes of coordinating project activities for the duration of the project: Name: Title: Address: Phone: All contact and correspondence from FCT to the Recipient will be through the key contact. The Recipient must notify the FCT as to any change in the authorization of the key contact on behalf of the Recipient named above. This notification must be made in writing to the Executive Director and signed by the appropriate authorized administrator, officer, or employee or named in paragraph III.4. below. 14. This Agreement may be amended at any time and must be set forth in a written instrument and agreed to by both the FCT and the Recipient. Such amendments shall become a part of this Agreement. II. AUDIT REQUIREMENTS Section 215.97, Florida Statutes, the Florida Single Audit Act, provides uniform state audit requirements for state financial assistance provided by state agencies over the audit threshold as defined in that Section as follows: 1. The Recipient agrees to maintain financial procedures and support documents, in accordance with generally accepted accounting principles, to account for the receipt and . expenditure of funds under this Agreement. 2. These records shall be available at all reasonable times for inspection, review, or audit by state personnel and other personnel duly authorized by FCT. "Reasonable" shall be construed according to circumstances, but ordinarily shall mean normal business hours of 8:00 a.m. to 5:00 p.m., local time, Monday through Friday. 03-073-FF3 11/10/2003 Preacquisition -5- AGENDA IT~,J~I No.~ DEC 1 § 2003 3. The Recipient shall also provide FCT with the records, reports or financial statements upon request for the purposes of auditing and monitoring the funds a~varded under this Agreement. 4. In the event that the Recipient expends a total amount of State financial assistance from all state sources equal to or in excess of $300,000 in any fiscal year of such Recipient, the Recipient must have a State single or project-specific audit for such fiscal year in accordance with Section 215.97, Florida Statutes; applicable rules of the Executive Office of the Governor and the Comptroller, and Chapter 10.600, Rules of the Auditor General. Section 1.7. above indicates State financial assistance through FCT by this Agreement. In determining the State financial assistance expended in its fiscal year, the Recipient shall consider all sources of State financial assistance, including State funds received from FCT, except that State financial assistance received by a nonstate entity for Federal program matching requirements shall be excluded from consideration. The funding for this Agreement was received by FCT as a grant appropriation. ao The annual financial audit report shall include all management letters and the Recipient's response to all findings, including corrective actions to be taken. bo The annual financial audit report shall include a schedule of financial assistance specifically identifying all Agreement and other revenue by sponsoring agency and Agreement number. The complete financial audit report, including all items specified in (d) below, shall be sent directly to: Department of Community Affairs Office of Audit Services 2555 Shumard Oak Boulevard . Tallahassee, Florida 32399-2100 and State of Florida Auditor General Room 401 574, Claude Pepper Building 111 West Madison Street Tallahassee, Florida 32302-1450 In connection with the audii requirements addressed above, the Recipient shall ensure that the audit complies with the requirements of Section 215.97(7), Florida Statutes. This includes submission of a reporting package as defined by Section 215.97(2)(d), Florida Statutes, and Chapter 10.550 and 10.650, Rules of the Auditor General. 03-073-FF3 11/10/2003 Preacquisition -6- DEC 1 2003 If the Recipient expends less than $300,000 in State financial assistance in its fiscal year, an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, is not required. In the event that the Recipient expends less than $300,000 in State financial assistance in its fiscal year and elects to have an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost of the audit must be paid from non-State funds (i.e., the cost of such an audit must be paid from recipient funds obtained from other than State entities). 5. In the event the audit shows that the entire funds disbursed hereunder, or any portion thereof, were not spent in accordance with the conditions of this Agreement, the Recipient shall be held liable for reimbursement to FCT of all funds not spent in accordance xvith these applicable regulations and Agreement provisions within thirty (30) days after FCT has notified the Recipient of such non-compliance. 6. The Recipient shail retain all financial records, supporting documents statistical records, and any other documents pertinent to this contract for a period of five years after the date of submission of the final expenditures report. However, if litigation or an audit has been initiated prior to the expiration of the five-year period, the records shall be retained until the litigation or audit findings have been resolved. 7. The Recipient shall have all audits completed in accordance with Section 215.97, Florida Statutes, by an independent certified public accountant (IPA) ~vho shall either be a certified public accountant or a public accountant licensed under Chapter 473, Florida Statutes. The IPA shall state that the audit complied with the applicable provisions noted above. III. AFFIRMATIONS, ANNUAL STEWARDSHIP REPORT, AUTHORIZED EXECUTOR AND FEDERAL EMPLOYEE IDENTIFICATION NUMBER. By execution of this Agreement, the Recipient affirms that: 1. the Recipient is re. ady, willing and able to provide the local match, if an), is required; 2.' the Recipient reaffirms the representations made in its Application; 3. the Recipient shall, on January 30 of each year after FCT reimbursement for project costs for the acquisition of the Project Site, prepare and submit to FCT an annual stewardship report as required by Rule 9K-7.013, F.A.C.; 4. the Recipient authorizes the administrator, employee, officer or representative named in this paragraph to execute all documents in connection with this project on behalf of the Recipient, including but not limited to the Grant Contract or any addenda thereto, grant reconciliation statement, statements submitted as a part of the Project Plan, and Grant Award Agreement. 03-073-FF3 11/10/2003 Preacquisition -7- - AGENDA DEC 1 § 2003 Name: Title: Phone: Fax: ~.Sq - 7.52--25P-5 Email: The Recipient must notify the FCT as to any change in the authorization of the administrator, officer or employee named in this paragraph to execute all documents on behalf of the Recipient. This notification must be made in writing to the Executive Director and signed by the appropriate administrator, officer or employee. 5. the Recipient hereby notifies the FCT that the Recipient's Federal Employer Identification Number is ,5'q '- FoOOOU.Sg IV. MANAGEMENT PLAN APPROVAL 1. Prior to approval of the Project Plan (described in Section V below), and final disbursement of award funds by FCT, the Recipient must prepare a Management Plan that complies with Rule Chapter 9K-7.011, F.A.C., and addresses the criteria and conditions set forth in Sections IV, VI, VII, VIII, and IX herein. Recipient is strongly urged to coordinate with the FCT staff in order to ensure that the FCT approval of the Management Plan occurs prior to the closing date of the real estate transaction(s) associated with the project and delivery of FCT 'funds. 2. The Management Plan, which is intended to explain how the Project Site will be managed to further the purposes of the project and meet the terms and conditions of this Agreement, shall include the following: ao An introduction containing the project name, location and other background information relevant to management. The stated purpose for acquiring the Project Site as proposed in the Application and a prioritized list of management objectives. The identification of known natural resources including natural communities, listed plant and animal species, soil types, surface and groundwater characteristics. 03-073-FF3 11/10/2003 Preacquisition A detailed description of all proposed uses including existing and proposed physical improvements and the impact on natural resources. -8- AGeNdA ITeM DEC ! 6 2003 A detailed description of proposed restoration or enhancement activities, if any, including the objective of the effort and the techniques to be used. A scaled site plan drawing showing the project site boundary, existing and proposed physical improvements and any natural resource restoration or enhancement areas. The identification and protection of known cultural or historical resources and a commitment to conduct surveys prior to any ground disturbing activity, if applicable. A description of how the management will be coordinated with other agencies and public lands, if applicable. A schedule for implementing the development and management activities of the Management Plan k. Cost estimates and funding sources to implement the Management Plan. I. A schedule for implementing the development and management activities of the Management Plan. 3. lfthe Recipient is not the proposed managing entity., the Management Plan must include a signed agreement bevween the Recipient and the managing entity stating the managing entity's willingness to manage the site, the manner in which the site will be managed to further the purpose(s) of the project, and identification of the source of funding for management° In the event that the Recipient is a partnership, the' Recipient must also provide FCT with the interlocal agreement that sets forth the relationship among the partners and the fiscal and management responsibilities and obligations incurred by each partner for the Project Site as a part of its Project Plan. 4. To ensure that future management funds will be available for the management of ' the site in perpetuity pursuant to Section 259.105 and Chapter 380, Part III, F.S., the Recipient(s) shall be required to provide the FCT with Reasonable Assurance, pursuant to Rule 9K-7.002(32), F.A.C., that it has the financial resources, background, qualifications and competence to manage the Project Site in perpetuity in a reasonable and professional manner. Where the Recipient does not include at least one Local Government, the FCT may: require the Recipient to post a performance or other bond in an amount sufficient to ensure that the Project Site shall be reasonably and professionally managed in perpetuity; require the Recipient to establish an endowment or other fund in an amount sufficient to ensure performance; require a guaranty or pledge by the Local Government, in whose jurisdiction the Project Site is located, which shall require the Local Government to take over the responsibility for management of the Project Site in the event the Nonprofit Environmental Organization Recipient is unable to, and may require 03-073-FF3 11/10/2003 Preacquisition -9- T4EU DEC 1 8 2003 the Local Government to be a named co-signer on the Grant Award Agreement; or require such other assurances as the Governing Board may deem necessary to adequately protect the public interest. V. PROJECT PLAN APPROVAL 1. Prior to final disbursement of award funds by FCT, the Recipient must prepare a Project Plan that complies with Rule 9K-8.011, F.A.C. This Project Plan is a compilation of the following items listed below, which must be reviewed and approved by FCT. The Project Plan shall include, and shall not be considered by FCT unless it includes all of the following documents, to be reviewed and approved by FCT to ensure that the inferest of the State of Florida will be protected: a. The following closing documents associated with the parcel(s): A copy of the Purchase Agreement(s) for sale and purchase of the parcel(s) between Recipient and ~ 1(3KV ~7,n,~ irtc[ ~ (Insert name[s] of Seller[s]). (2) A copy of closing statements.omC" Buyer(s) and Seller(s) for the purchase of the parcels. (3) A copy of the recorded deed(s) evidencing conveyance of title to the parcel(s) to the Recipient. (4) Certified survey(s) of the parcel(s) that meets the requirements of Rule 9K-8.006, F.A.C, and dated within 90 days of the date of acquisition of the parcel(s) by Recipient. (5) A copy of the title insurance policy(s) evidencing marketable tide in'Recipient to the parcel(s) and effective the date of acquisition of the parcel(s) by the Recipient, including a statement from the title insurer as to the minimum promulgated rate if premium was paid by Recipient, and all documents referenced in the title policy(s). (6) Environmental site assessment(s) of the parcel(s) certified to the Recipient, which meets the standards and requirements of ASTM Practice E 1527, and with a date of certification within 45 days of the date of acquisition of the parcel(s) by Recipient, together with the statement required by Rule 9K-8.012(4), F.A.C. 03-073-FF3 11/10/2003 Preacquisition A letter from FCT indicating approval of the Management Plan written according to Rule Chapter 9K-7.011, F.A.C., and as described in Section IV above. -10- DEC 1 § 2003 pg. ~'~' Co do eo A statement of the total Project Cost as defined in Rule Chapter 9K- 7.002(29), F.A.C. A statement of the amount of the award being requested from the FCT. Supporting documentation that the conditions imposed as part of this Agreement have been satisfied. A signed Statement by the Recipient that the Recipient is not aware of any pending criminal, civil or regulatory violations imposed on the Project Site by any governmental agency or body. go Additional documentation as may be requested by FCT to provide Reasonable Assurance as set forth in Section IV.4. above. 2. The FCT strongly encourages the Recipient to request a courtesy review of its Project Plan pri9r to sQbmission of the Project Plan for approval and release of funds. FCT will recommend approval of complete and accurate Project Plans or disapproval of incomplete or insufficient project plans. 3. Reimbursement for project costs may be made only after FCT approval of the Project Plan. VI. REQUIREMENTS IMPOSED BY CHAPTER 259 AaND CHAPTER 380, PART III, F.S. RECIPIENT AGREES.AS FOLLOWS: 1. FCT shall approve the terms under which the interest in land is acquired, pursuant to Section 380.510(3), F.S. Such approval is deemed given when the FCT approves the Project Plan containing a copy of the document(s) vesting title to the Project Site in the Recipient. 2. Title to the Project Site shall be titled in the Recipient. 3. Each parcel to which the Recipient acquires tide in the Project Site shall be subject to such covenants and restrictions as are, at a minimum, sufficient to ensure that the use of the Project Site at all times complies with Section 375.051 and 380.510, F.S.; Section 1 l(e), Article VII of the State Constitution; the applicable bond indenture under which the Bonds ~vere issued; and any provision of the Internal Revenue Code or the regulations promulgated thereunder that pertain to tax exempt bonds and shall contain clauses providing for the conveyance of title to the Project Site in the Board of Trustees of the Internal Improvement Trust Fund or another local government or non-profit organization upon failure to use the Project Site conveyed thereby for such purposes. 03-073-FF3 11/10/2003 Preacquisition -11- No.._~.~--E~~ DEC 16 2003 4. A Grant Award Agreement containing such covenants and restrictions as referenced in paragraph 3 above and describing the real property subject to the Agreement shall be executed by the FCT and Recipient at the time of the reimbursement for the Project Site and shall be recorded in the county in which the Project Site is located. The Grant Award Agreement shall restate the conditions that were placed on the Project Site at the time of project selection and initial grant approval. All statements contained in the Grant Award Agreement are contained in this Agreement, with the exception of statements that do not survive the reimbursement for costs for the acquisition of the Project Site. 5. If any essential term or condition of the Grant Award Agreement is violated, and the Recipient does not correct the violation within 30 days of written notice of violation, title to all interest in the Project Site shall be conveyed to the Board of Trustees of the Internal Improvement Trust Fund. The deed transferring tide to the Project Site to the Recipient shall set forth the executory interest of the Board of Trustees of the Internal Improvement Trust Fund. 6. The interest acquired by the Recipient in the Project Site shall not serve as security for any debt of the Recipient. 7. If the existence of the Recipient terminates for any reason, title to the Project Site shall be conveyed to the Board of Trustees of the Internal Improvement Trust Fund, unless FCT negotiates an agreement with another local government or nonprofit organization which agrees to accept tide and' to manage the Project Site. VII. OBLIGATIONS OF THE FCT RECIPIENT AS A CONDITION OF PROJECT FUNDING 1. Following the reimbursement for costs of the Project Site, the Recipient shall ensure that the future land use designation assigned to the Project Site is for a category dedicated to open space, conservation, or outdoor recreation uses as appropriate. If an amendment to the applicable comprehensive plan is required, the amendment shall be proposed at the next comprehensive plan amendment cycle available to the Recipient subsequent to the reimbursement for costg for the acquisition of the Project Site. 2. Recipient shall ensure, and provide evidence thereof to FCT, that all activities under this Agreement comply with all applicable local, state, regional and federal laws and regulations, including zoning ordinances and the applicable adopted and approved comprehensive plan. 3. The Recipient shall, through its agents and employees, prevent the unauthorized use of the Project Site or any use thereof not in conformity with the Management Plan approved by the FCT as a part of the Project Plan. 4. FCT staff or its duly authorized representatives shall have the fight at any time to inspect the Project Site and the operations of the Recipient at the Project Site. 03~073-FF3 11/10/2003 Preacquisition -12- AGENDA t T,,E~ i .o. DEC 18 2003 5. All buildings, structures, improvements, and signs shall require the prior written approval of FCT as to purpose. Further, tree removal, other than non-native species, and major land alterations shall require the written approval of FCT. The approvals required from FCT shall not be unreasonably withheld by FCT upon sufficient demonstration that the proposed structures, buildings, improvements, signs, vegetation removal or land alterations will not adversely impact the natural resources of the Project Site. The approval by FCT of the ' Recipient's Management Plan addressing the item~ mentioned herein shall be considered written approval from FCT. VIII. OBLIGATIONS OF THE RECIPIENT RELATING TO THE USE OF BOND PROCEEDS 1. FCT is authorized by Section 380.510, F.S., to impose conditions for funding on Recipient in order to ensure that the project complies with the requirements for the use of Florida Forever Bond proceeds including without limitation the provisions of the Internal Revenue Code and the regulations promulgated thereunder as the same pertain to tax exempt bonds. 2. Recipient agrees and acknowledges that the below listed transactions, events, and circumstances, collectively referred to as the "disallowable activities", may' be disallowed on the Project Site, as they may have negative legal and tax consequences under Florida law and federal income tax law'. The Recipient further agrees and acknowledges that these disallowable activities may be allowed up to a certain extent based on guidelines or tests outlined in the Federal Private Activity regulations of the Internal Revenue Service: any sale or lease of any interest in the Project Site to any person or organization; the operation of any concession on the Project Site by any person or organization; any sales contract or option to buy things attached to the Project Site to be severed from the Project Site, with any person or organization; any use of the Project Site by any person other dian in such person's capacity as a member of the general public; any change in the character or use of the Project Site from that use expected at the date of the issuance of any series of Bonds from which the disbursement is to be made; a management contract of the Project Site with any person or organization; or 03-073-FF3 11/10/2003 Preacquisition such other activity or interest as may be specified from time to time in writing by FCT to the Recipient. -13- DEC 1 Pg. ~ 3. If the Project Site, after its acquisition by the Recipient and/or the Trustees, is to remain subject to any of the "disallowable activities", the Recipient shall provide to FCT at least 60 calendar days advance written notice of any such transactions, events, and circumstances, and shall provide to FCT such information as FCT reasonably requests in order to evaluate the legal and tax consequences of such activity or interest for FCT approval. 4. In the event that FCT determines at any time that the Recipient is engaging or allowing others to engage in disallowable activities on the Project Site, the Recipient agrees to immediately cease or cause the cessation of the disallowable activity upon receipt of written notice from the FCT. In addition to all other rights and remedies at law or in equity, FCT shall have the right to seek temporary and permanent injunctions against Recipient for any disallowable activity on the Project Site. DELEGATIONS AND CONTRACTUAL ARRANGEMENTS BETWEEN THE RECIPIENT AND OTHER GOVERNMENTAL BODIES, NONPROFIT ENTITIES, OR NON GOVERNMENTAL PERSONS FOR USE OR MANAGEMENT OF THE PROJECT SITE WILL I/'4 NO WAY RELIEVE THE RECIPIENT OF THE RESPONSIBILITY TO ENSURE THAT THE CONDITIONS IMPOSED HEREIN ON THE PROJECT SITE AS A RESULT OF UTILIZING BOND PROCEEDS TO ACQUIRE THE PROJECT SITE ARE FULLY COMPLIED WITH BY THE CONTRACTING PARTY. IX. CONDITIONS PARTICULAR TO THE PROJECT SITE THAT MUST BE ~DDRESSED IN THE MANAGEMENT PLAN .The Management Plan for the Project Site is mentioned throughout this Agreement, and is particularly described in Section IV. above. In addition to the various conditions already described in this Agreement, which apply to all sites acquired with FCT funds, the Management Plan shall address the following conditions that are particular to the Project Site and result from either commitments made in the application that received scoring points or observations made by the FCT staff during the site visit described in Rule 9K-7.009(1), F.A.C.: 1. Two or more resOurce-based outdoor recreational facilities includinga paviIion and nature trail, shall be provided. The facilities shall be developed in a manner that allows the general public reasonable access for obse~wation and appreciation of the natural resources on the project site without causing harm to those resources. 2. A permanent recognition sign shall be maintained in the entrance area of the Project Site. The sign shall acknowledge that the Project Site is open to the public and was purchased with funds from the Florida Communities Trust and Collier County. 3. An interpretive kiosk shall be provided to educate visitors about the natural environment and unique history of the Project Site. 03-073-FF3 11/10/2003 Preacquisition -14- ^qgN DEC I ro 2003 4. At least 24 regularly scheduled and ongoing educational classes or programs that promote the protection of natural and historic resources shall be provided at the project site. 5. A survey of the natural communities and plant species on the project site shall be conducted prior to the development of the project site. The survey shall be used during development of the site to ensure the protection, restoration, and preservation of the natural communities on the project site 6. The beach dune, maritime hammock, and tidal swamp communities that occur on the project site shall be restored and appropriately managed to ensure the long-term viability of these communities. 7. The project site shall be managed in a manner that protects and enhances habitat for listed wildlife species that utilize or could potentially utilize the project site, including sea turtles, listed wading and shore birds, gopher tortoises, and eastern indigo snakes. The development of the management plan'shall be coordinated with the Fish and Wildlife Conservation Commission?s Office of Environmental Services to ensure the preservation and viability of listed and non-listed native wildlife species and their habitat. Periodic surveys shall be conducted of listed species using the project site. 8. Approximately half of the project site has been colonized by invasive exotic vegetation. Exotic vegetation shall be removed and appropriate native vegetation shall be planted to restore the upland in terms of biological composition and ecological fiJnction. 9. An ongoing monitoring and control program for invasive vegetation including exotic (non- native) and nuisance native plant species shall be implemented at the project site. The objective of the control program shall be the elimination of invasive exotic plant species and the maintenance of a diverse association of native vegetation. The management plan shall reference the Exotic Pest Plant Council's List 6f Florida's Most Invasive Species to assist in identifying invasive exotics on the project site. 10. A feral animal removal program shall be developed and implemented for the project site. 11. An archaeological survey shall.be preformed for any area within the project site proposed for development prior to the cormnencement of proposed development activities in that area. All planned activities involving kno~vn archaeological sites or identified site areas shall be closely coordinated with the Department of State, Division of Historic Resources in order to prevent the disturbance of significant sites. A protection plan shall be developed and implemented in conjunction with the Division of Historic Resources for the protection of know historic site located on the project site. 12. The nature trail and pavilion shall be located in such a manner that these facilities will have minimal impact on the natural resources on the project site. 03-073-FF3 11/10/2003 Preacquisition -15- DEC 1 § 2003 pg. ~,"'[ 13. The project site shall be protected and managed as part of linked conservation lands and wildlife corridor extending from Barefoot Beach Preserve to Delnor-Wiggins State Recreation Area. 14. Proposed site improvements shall be designed and located to minimize or eliminate the long term risk of storm damage or flooding in conjunction with appropriate hazard mitigation agencies or experts. 15. The requirements imposed by other grant program funds that may be sought for activities associated with the project site shall not conflict with the terms and conditions of this award. This Agreement including Exhibit "A", if required, embodies the entire agreement bet~veen the parties. THE FLORiDA COMMUNITIES TRUST'S OBLIGATION TO PROVIDE FUNDS UNDER THIS AGREEMENT IS CONTINGENT UPON AN ANNUAL APPROPRIATION BY THE LEGISLATURE. IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement. COLLIER COUNTY FLORIDA COMMUNITIES TRUST By: By: Print Name: Title: Date: Janice Browning Executive Director Date: Approved as to Form and Legality: By: _.__. Print Name: Approved as to Form and Legality: By: Trust Counsel 03-073-FF3 11/10/2003 Preacquisition -16- AG~N D,.A ITE-~ DEC ! 6 2003 EXECUTIVE SUMMARY ,BOARD APPROVAL TO REJECT ALL BIDS RECEIVED UNDER BID # 03-3567- "PINE RIDGE INDUSTRIAL PARK M.S.T.U. DRAINAGE MAINTENANCE" OBJECTIVE: To assist the Traffic Operations/Alternative Transportation Modes Department in establishing a contract for drainage maintenance services in the area known as "Pine Ridge Industrial Park". CONSIDERATIONS,: This Bid was publicly posted on September 15, 2003, in the lobby of the Purchasing Building with sixty-six (66) notices being sent to firms who provide these services and nine (9) of those firms requesting full packages. Two (2) responses were received by the due date of October 1, 2003. The bid responses received are as follows: Thrasher Site Development Inc. - $88,476.00 Colony Services Inc. - $204,561.00 During the preliminary review of the bids received by Staff and the Project Manager, it was determined that the bids were technically non-responsive per the requirements of the Specifications-Paragraph E- Safety, as neither bidder submitted Maintenance of Traffic (M.O.T.) certification, Paragraph R-Method of Award, submission of a Collier County Occupational License and pricing deviations from the method requested on the bid proposal pages. In addition to the above, the bids received all exceeded the department budget ($20,000) allocated for these services. It is Staff's recommendation to reject all bids received, and have the department develop a revised Scope of Services in-line with budgeted funding and re-solicit for said services. FISCAL IMPACT: There is no fiscal impact associated with this action. Q~GROWTH MANAGEMENT PLAN: There is no impact on the Growth Management Plan. RECOMMENDATION: 03-3567 and allow for the re-soliciting of these services at a future date. Prepared by: ~ 7~/~ J /t')~m )klbury, Pu~hasinOgent ',4%rchasing Department Reviewed by: ~ /~>~t)c~' Val Prince, Project Manager Traffic 9perations/Alternative Transportation Modes Diane Fla ;g, Director ReviewS: Reviewed by: Approved by: Traffic C "Steve C~ Purcha Tram That the Board of County Commissioners reject the bids received under Bid # Date: I~/~/O -~ Date: Date: Date: [~(O~e~ Date: ons/Alternative Transportation Modes mell, Dir~tor ' ~ Feder, Administrator ~ortation Division DEC 1 2003 Pcj. EXECUTIVE SUMMARY APPROVE THE PURCHASE OF RIGHT-OF-WAY PARCELS 120 AND 121 REQUIRED FOR THE EXPANSION OF SANTA BARBARA BOULEVARD AND GOLDEN GATE PARKWAY (PROJECT NO. 62081) TOTAL FISCAL IMPACT: $602,808. ~ To approve a Purchase Agreement for the acquisition of two right-of-way parcels which are required for the construction of the six laning improvements to Golden Gate Parkway and the improvements to Santa Barbara Boulevard (Project No. 62081). CONSIDERATIONS: The Parkway Church of Christ property is located at the SW comer of the intersection of Golden Gate Parkway and Santa Barbara Boulevard. A portion of the church property (a strip along the northern boundary) is required for the construction of the six lane improvements to Golden Gate Parkway. In addition, a portion of the church property (a strip along the eastern boundary) is required for the construction of the intersection improvements at Santa Barbara Boulevard and Golden Gate Parkway. While the construction of these two capital improvements projects will not occur simultaneously, the right-of-way requirements for the two projects has been identified by design. The Board has already approved a Gift and Purchase Resolution for the Santa Barbara Blvd. corridor and this recommendation to acquire right-of-way is consistent with that Resolution. Because of the anticipated value of the subject property, staff ordered real estate appraisals from two different appraisers under annual contract to Collier County. One appraiser estimated the value of the right-of-way required from the church to be $400,000. Another appraiser estimated that full compensation to the church for the right-of-way required for both projects should be $559,695. The property owner agreed to.convey the property for $560,472, and payment of attorney fees of $25,000 and expert fees of $13,282. FISCAL IMPACT: Total expenses will not exceed $602,808 including all land, attorney and expert witness fees, title insurance and recording fees. Source of funds is Transportation Gas Tax. GROWTH MANAGEMENT IMPACT: As part of the County's Capital Improvement Element, the Santa Barbra Boulevard project is an integral part of Collier County's Growth Management Plan. NO._ ' I DEC p~,. Page 2 of 2 RECOMMENDATIONS: Recommendation that the Board of County Commissioners of Collier County, Florida: 1. Approve the attached Purchase Agreement by super-majority vote; 2. Authorize its Chairman to execute same on behalf of the Board; and 3. Authorize staff to close the transaction and record the conveyance instruments in the public records. Gordon Douglhs,,property Acq. gisition Specialist. Engineering a~Construct.~Management Department REVIEWED BY: _ Date: ,~'~[~Right -of-~ui si tion Manager. Engineeri_ng and/~onstru/ztion Management Department APPROVED BY: Date: Gregg R. Strakaluse, P.E., Director Eng3n/~_ .i~ ~,n, structi°n Management Department APPROVED l~I0rf~an/~e .der, ~AIC.P, Administrat TranT/~nation Services Division DEC; 1 ~ 2003 __2- PROJECT: SANTA BARBARA BOULEVARD 62081 PARCEL No: 120 & 121 FOLIO Nos: As to parcel 120= ~38170080003 As to parcel 121= ¢38170040001 PURCHASE AGREEMENT THIS PURCHASE AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into this ~ day of 2003, by and between PARKWAY CHURCH OF CHRIST, INC., a FLORIDA Non-Profit Corporation, f/k/a/ GOLDEN GATE CHURCH of CHRIST, Inc., a FLORIDA Non-Profit Corporation (hereinafter referred to as "Owner"), whose address is 3001 Santa Barbara Boulevard, Naples, Florida 34116-7427, and COLLIER COUNTY, a political subdivision of the State of Florida, its successors and assigns (hereinafter referred to as "Purchaser"); WHEREAS, Purchaser requires a fee estate in that land described in Exhibits "A & B" (hereinafter collectively referred to as the "Property"), which are attached hereto and made a part of this Agreement; and WHEREAS, Owner desires to convey the Property to Purchaser for the stated purposes, on the terms and conditions set forth herein; and WHEREAS, Purchaser has agreed to compensate Owner for conveyance of the Property; NOW THEREFORE, in consideration of these premises, the sum of Ten Dollars ($10.00), and other good and valuable consideration, the receipt and sufficiency of which is hereby mutually acknowledged, it is agreed by and between the padies as follows: 1. Owner shall convey the Property to Purchaser for the sum of $598,754.00 payable by County Warrant (said transaction hereinafter referred to as the "Closing"). Said payment shall be full compensation for the Property conveyed, including all landscaping, trees, shrubs, improvements, and fixtures located thereon, and for any damages resulting to Owner's remaining lands, and for all other damages in connection with conveyance of said Property to Purchaser, including all attorneys' fees, exped witness fees and costs as provided for in Chapter 73, Florida Statutes. 2. Prior to Closing, Owner shall ob[ain from the holders of any liens, exceptions and/or qualifications encumbering the Property, the execution of such instruments which will remove or release such encumbrances from the Property upon their recording in the public records of Collier County, Florida. Owner shall provide such instruments, properly executed, to Purchaser on or before the date of Closing. 3. Both Owner and Purchaser agree that time is of the essence in regard to the closing, and that therefore Closing shall occur within sixty (60) days from the date of execution of this Agreement by the Purchaser; provided, however, that Purchaser shall have the unilateral right to extend the term of this Agreement' pending receipt 'of such instruments, properly executed, which either remove or release any and all such liens, encumbrances or qualifications affecting Purchaser's enjoyment of the Property. At Closing, Purchaser shall deliver the County Warrant to Owner and Owner shall deliver the conveyance instrument to Purchaser in a form acceptable to Purchaser. 4. Conveyance of the Property by Owner is contingent upon no other provisions, conditions, or premises other than those so stated herein; as well as those considerations as identified in the September 12~ letter attached hereto as exhibit "C", and the written Agreement, including all exhibits attached hereto, and shall Purchase Agreement ~P. ENDA IT, EM DEC 1 $ 2003 Purchase Agreement Page 2 constitute the entire Agreement and understanding of the parties, and there are no other prior or contemporaneous written or oral agreements, undertakings, promises, warranties, or covenants not contained herein. 5. Owner is aware and understands that the "offer" to purchase represented by this Agreement is subject to acceptance and approval by the Board of County Commissioners of Collier County, Florida. 6. Owner represents that the Property and all uses of the Property have been and presently are in compliance with all Federal, State and Local environmental laws; that no hazardous substances have been generated, stored, treated or transferred on the Property except as specifically disclosed to the Purchaser; that the Owner has no knowledge of any spill or environmental law violation on any property contiguous to or in the vicinity of the Property to be sold to the Purchaser, that the Owner has not received notice and otherwise has no knowledge of a) any spill on the Property, b) any existing or threatened environmental lien against the Property or c) any lawsuit, proceeding or investigation regarding the generation, storage, treatment, spill or transfer of hazardous substances on the Property. This provision shall survive Closing and is not deemed satisfied by conveyance of title. 7. ~,ner shatl~1q,demnify, dc~nd, save ~,,.d hold harr~ss the Purchaser against a,n'C~from, arid t~reimburse"~ Purchase't,,kNith respect'"~, any and a~J damages, clain~, liabilities,~laws, cost~,,,,,.and expe~es (inclucl~q without~limitation r_e_as~c~r~b, le .parateg~tk,,an~e~L,.ees and e~nses whe~er in cou~ out of court, in~an~ o-~n appe-a'l)7~nalties o~ines ~a~UeoSutof~n~e CIosing'"~,nd is r~zt deemed satisfied by convey~of b'tle~ '~ 8. The Purchaser shall pay for all costs of recording the conveyance nstrument in the Public Records of Collier County, Florida. A~II other costs associated with this transaction including but not limited to t-r,a~,~.e~c ~ , ,a.¢:~-recording costs for any curative instruments shall be borne and paid by Owner. Owner shall be responsible for paying any costs and/or fees associated with securing from modgagee(s), and recording in the public records of Collier County, Florida, such full or partial release(s) or satisfaction(s) as are necessary to convey a clear and marketable title to the Property. The cost of a title commitment shall be paid by Purchaser. 9. This Agreement and the terms and provisions hereof shall be effective as of the date this Agreement is executed by both parties and shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, personal representatives, successors, successor trustees, and/or assignees, whenever the context so requires or admits. 10. If the Owner holds the Property in the form of a partnership, limited partnership, corporation, trust or any form of representative capacity whatsoever for others, Owner shall make a written public disclosure, according to Chapter 286, Florida Statutes, under oath, of the name and address of every person having a beneficial interest in the Property before the Property held in such capacity is conveyed to Purchaser, its successors and assigns. (If the corporation is registered with the Federal Securities Exchange Commission or registered pursuant to Chapter 517, Florida Statutes, whose stock is for sale to the general public, it is hereby exempt from the provisions of Chapter 286, Florida Statutes.) 11. This Agreement is governed and construed in accordance with the laws of the State of Florida. AGiE~D~ No.. I ~.~'_ (~),~ DEC 1 6 2003 Purchase Agreement Page 3 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on this ~ day of 20 Property acquisition approved by BCC pursuant to Resolution No. 2002-442, dated October 22, 2002. AS TO PURCHASER: DATED: ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA , Deputy Clerk BY: TObl HENNING, Chairman AS TO OWNER: DATED: Witness (Signature) Name (Pdnt or T~ W~tne~(si6natu~) Name (print or type) Approved as to form and I~sufficiency: Assistant County A~orney PARKWAY CHURCH OF CHRIST, INC., A Florida non-profit corporation Signature (print name) (print title) AGENDA ITEM .o. DEC 1 6 2003 114 ~ ~ COL~N CATE ESTATES UNIT JO, ~ ~ j ~LA T ~OOK ~ PAGES 58 ~H~c SCA~ ~ ~ , ~ 50' ' ~ PROPOSED [ ~ ~ , . ~ "~ / ~ ~,'~~ ~,~.~ ~'~ ~.0 RO~ EASEMENT PAGES ~-~ EAST LINE OF SECTION 29 ~ ;OLDEN CA~E UNI7 Z' ~ ~' SA~A ~ ~ I' GOLDEN GA 7E C. qY UNt~ 7. PLA ~ 8OOK 5. PAGES ~55-~46 ~ ~GAL DESCRIPD~ 8D~'G ~E ~ES~ 46 FEEr OF 7HE EA5~ ~5 7EET aZ 7HE NORTH 150 FEE~ OF ~9ACF ~4. OOLOEN GATE ESTATES UN/~ 30, PLA7 BOOK ~ PACE ~. COLbL~ COUN7~ FLORIDA. CON-M/vWG 5,900 50UARE FEET /~ORE ZP LEES 5U~,,~C~ TO EASD,¢EH75 ~ RES,TR/CDON5 OF ~GEA'D: R.O.~ EASE~EN~ lANC UR~YOR · WAPPER R.O~ E~SE~ENI NO[ VALID UNLESS SI~EO 8Y THE SUR~YOR AND RO~ =RIGH[ ~ WAY ~ ~ ~ ~ ~ O.~B. ~ OFFICiAl RECORDS BOOK ~ALED ~TH THE SUR~YOR'S E~8OS$ED SEAL ~m~ ~ ¢~o) ~-,~ ~c~ .o.: 62081 ~ ~o : 120 c~: ~ C~N~ ~TA~, ~ ~'.c~.~ BE/NC PARr ~ THE N~TH ~50' OF TRACT ~ ' L~c~ ~ . }r~m~ C~¢~ GOLDEN GA ~ ES ~A TES UNIT ~0. PLA T BOOK 7. PAGE 58. ~, ~ C~LIER COUNTY. FLORIDA AGFA',I D~ tT, I~ M No. DEC ! 6 2003 360 oo' (pLA I) C,R APHIC SCALE 20O 113 PROPOSED PERPETUAL NON-EXCLUSIVE ROAD R.O.F(.., DRAINAGE, AND UTIUTY 8.00' ~00'28'19"£. 112 N 00'07 ~]5'~ 20.5. 72>~ ; 00~27'35~E. 27750' ADDI DONAL :~ '%SE. CORNER~, k IRACf PLAT BOOK Z, PAGES ~35-146 28 BLOCK 230' GOLDEN GATE CtTY UNIT 7 ' PLAT BOOK ~, PAGES PROPOSED O. · EASEMEN I ~ EAST LINE OF SECtiON 29 .gANTA iBARBARA BOULL;VARD LEGAL DESCRIPTION: SEE SHEET 12lA PREPARED BX. ~tSOiVMtkt'"~, I~ ~ LAN~R, P¢OFE~,~{At. SURVEYOR & MAPPER FLORIDA REQSTRA~ tS I5627 NOT VALID UNLESS SIGNED BY rile SURVEYOR AND SEALED W/TH THE SURVEYOR'S EMBOSSED SEAL. CERFIFICA TE OF AUTHO/~IZA TION ~ LB-4~ *** NOT A SURFEY *** ~ LEGEND: k%%%%%%~i R.O. · EASEMENT PROPOSED R.O.W, EASEMENI R,O.P~ = RIGHT OF WAY POB. = POINT OF BEGINNING PO, C, = POINT OF COMMENC£MENr O,R.B, = OFFICIAL RECORDS BOOK 62081 I .,act~ .o.: 121 } c~,;,~, COLLIER COUNTY TRANSPORTA'BON, - --m- - -- --e-- ~ ......... I ENGINEERING ~ CONSIRUCTION MANAGEMENT DMSION Wile nMilinr SK£TCH OF DESCRtPTtON ~I~ BE~VBBB~BBBB~B J OEING PA~r ~' r~Acr us. PA · [ GOLDEN GATE ESTATES UNI~ JO, PLAT BOOK 7. GE 58. COLLIER COUNTY. FLORIDA 04/2002 N6022-OO2-OtO-TOH~ t2~ or xxx 2GG-203 AGENDa, !~,, ,~ NO._ ' ,~.E~ , ._ DEC 1 § 2003 LEGAL DE$¢RIP llOtV ALL THAT PART OF TRACT //.3, GOLDEN GATE ESTATES UNIT JO, PLAT BOOK 7, PAGE 5~, COLLIER COUNTY. FLORIDA, AND BE/NO MORE PARBCULARL Y DESCRIBED AS FOLLOWS,- COMMENCING AT THE SOUTHEAST CORNER OF SAIO TRACT H.3, A POINT ON THE EAST LINE OF .SECtiON 29, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA,. THENCE ALONG THE SOUTH LINE OF SAID TRACT SOLITH 89'J1'$1' WEST 87.00 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID SOUTH TRACT L/NE SOUTH 89',31'5/" W~ST 46.00 FEE~' THENCE LEA~NO SAID SOUTH TRACT LINE NORTH 00'07'~" WEST 205.72 FEET; THENCE NORTH 60~0'~0" ~ST 7886 FEE~' THENCE SOUTH 89'51'57" ~ST 55867 FEE~' THENCE SOUTH 00'28'19" EAST 800 FEE~- THENCE SOUTh' 89~1]7" ~ST 27Z90 FEET TO THE ~ST LINE OF SAID TRACT ItS,- THENCE ALONO SAID ~ST ~.4C[ LINE NORTH 00~8'~2" ~ST 40.84 FEE~:' THENCE LEAVtNO SAID ~ST TRACT LINE NO~TH &'guI'5I" EAST 761.~5 FEE~' THENCE SOUTH 00'07'~' EAST 277.50 FEET TO THE POINT OF BECINNINO. CONTAINING 39,$06 SOUARE FEET MO,RE OR LESS SUBJECT TO EASEMENTS & RESTRICTIONS OF RECORO. IANC r~_.~N, P~OFE~,~At SURVEYOR ~ UAP?ER' FLORIDA REGISTRx?I~I L$ ~:5627 NOT VALID UNLESS SIGNED BY FHE SURVEYOR AND SEALED ~fH THE SURVEYOR'S EUBOSSED SEAL, CERF}FICA TE OF AUrHOR(ZA TION ~ LS-4J *** NOT A SURIrEY *** .~,'~ .e=~, '~'L~.T~~, ] GOLDEN C~TE ESTATE~ UNIT ~. PLAT BO~ ~. PAGE W~. ~ [ COLLIER COUNTE FL ORIDA ~--~ ~ 04/2002 N6022-OO2-OIO-TDH~ ~2~ Or XXX 2GG-20J AG.E~ D,% IT/EM .o. DEC 1 2003 COLLIER COUNTY TRANSPORTATION DIVISION DEPARTMENT OF ENGINEERING & CONSTRUCTION MANAGEMENT RIGHT-OF-WAY ACQUISITION OFFICE 2685 South Horseshoe Dr,.ye, Suite 214, Naples, Florida 34104 phi:me: (239)213-5805 FAX: {239)213-5885 .................. r-~'mi!: fflORD~NT}C}! TGI .A.e,~C September 12, 2003 RE: Parkway Chtt~ch of Christ 300!, Santa Barbara Boulevard Naples, Florida 34116 Deax: Mr. Forman, As attorney-in fact, for the Golden Gate Church of Christ Inc., the record owner of the above named church; we at Collier County offer this as the written, documentation of our agreement of August 22. 2003. The two ~eparate parcels we are acquiring from the 7.46 acre parent tract total 1.07 acres. We have agreed that ou~ fee simple take of these 1.07 acres will be purchased on the basis of $12.00/Sq.ft or 1.07 X 12.00= $560,472.00. In addition, experts' fees of $13,282 and an attorney's .tee of $25,000 will also be paid. There are no other fees, costs, or expenses. Collier County further agrees not to unreasonably withhold approval of a Right-in and Right-out and left-in directional median opening on Golden Gate Parkway near the western property boundary. Said access must be in accordance with Collier County's access management policies and would be subject to closure or modification by the County in the interest of public safety. If the above summarizes your recollection of the agreement, please sign and return to me. For safety sake, please have your clients sign as well. Gordon Douglas Property Acquisition Specialist Please do not hesitate to call if you any questions or if I may be of any further assistance. Sincerely, ~ Client Signature Client Signature g.aGF__bIDI~.ITI~M~ .o '-IGDS- DEC 1 2003 -. EXECUTIVE SUMMARY APPROVE CHANGE ORDER NO. 13 IN THE AMOUNT OF $234,015.51 TO AJAX PAVING INDUSTRIES, INC. FOR THE GOODLETTE FRANK ROAD PROJECT, FROM PINE RIDGE ROAD TO VANDERBILT BEACH ROAD, PROJECT NO. 60134. OBJECTIVE: To obtain the Board of County Commissioners approval of Change Order No. 13 in the amount of $234,015.51 to Ajax Paving Industries, Inc. for the Goodlette Frank Road Project, Pine Ridge Road to Vanderbilt Beach Road, Project No. 60134. This will allow for the adding of two additional lanes from Center Street to Orange Blossom Drive. CONSIDERATION: On October 22, 2002, the Board of County Commissioners approved the contract with Ajax Paving Industries, Inc. for the Goodlette Frank Road Project four and six lane road Project, from Pine Ridge Road to Vanderbilt Beach Road (Agenda Item 10C). The current portion to be six laned is fi.om Pine Ridge Road to approximately Center Street. The current Project is scheduled has an aggressive two-year schedule. On June 24, 2003 the Board of County Commissioners also approved the expansion of the previously approved four-lane portion of this project fi.om Center Street to Orange Blossom Drive to be expanded to six lanes using the current designer, contractor and CEI. Operationally, carrying the 6-lanes from Center Street to Orange Blossom Drive improves the level of service along this arterial and better accommodates the additional traffic volume attributed to further growth in the area. In addition, by adding the two additional lanes at this time, we can take advantage of 2002 pricing as well as not having additional costs in the future for mobilization and reduce the costs of the additional maintenance of traffic. Also, if we were to construct the two additional lanes in the future, the inconvenience to the driving public would be compounded by the need to close down one of the two lanes in each direction to facilitate construction. suSCAL IMPACT: Funds in the amount of $230,358.87 will come from the Transpo~at!on. pported Gas Tax Fund and $3,656.64 will come from the Utilities Wastewater Capital Fund. Source of Funds are Gas Taxes, User Fees and Impact Fees. GROWTH MANAGEMENT IMPACT: This Capital Improvement Element (CIE #65) is consistent with the Transportation Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners approve Change Order No.13 in the amount of $234,051.51 to Ajax Paving Industries, Inc., for the Goodlette Frank Road Project, Project No. 60134 and to authorize the TransDort~ Administrator to sign the Change Order. N~,;-~..~/~)--~) _ SUBMI~rED BLY~. / Tho~ ~e, P.E., Principal Project Manager Gr~gg R. Strakaluse, Director, T.E. & C.M.D. APPROVED BY: ~7~ ~ Roy An/crson, P.E., P.U.E.D. APPROVED BY: 7~,~ or Norma/fi E.' Feder, AICP, Administrat T~tisportation Division DATE: DATE: DATE: DATE: AGENDA ITEM DEC 16 2OO3 Date: RE: Contract: Name of Contract: Tuesday, December 2, 2003 O~i~e~e_Fr ~Widening Pine Ridge Road to Vanderbilt Beach Road To Steve: 12/2 BCC Report: _12/2 Scanned, to Bonnie Project: 60134 Amendment No.: Change Order/Work Order No.: CO ¢¢13 Contractor/Consultant: Ajax Paving Change Order/Work Order Amount: $234,015.51 Last BCC Approved Amount $12,752,570.63 Revised Agreement Amount $13,352,929.29 Percentage Increase/Decrease 4.71% Steve, This change order represents additions to the 'pr,ject due to redesign to lenc~then the 6 lane segment from Center Street to Orange Blossom Drive, Steve' s Acknowledgement: ScarmedDate: Date: I AGENDA IT~U No.__.t t, (9'k0 DEC 1 6 20O3 CONTRACT MODIFICATION CHECKLIST FORM PROJECT NAME: Goodlette-Frank Road Wideninq PROJECT #: 60134 BID/RFP #: 02-3424 MOD #: 13 AMOUNT OF THIS CHANGE $_234~015.51 PO #: 4500002260 Work Order #: N/A CONTRACT AMOUNT: ORIGINAL $ _12,495.051.66 CURRENT $_13,352,929.29 (STARTING POINT) (INCLUDING THIS CHANGE ORDER) Last BCC Approved Amount $_!2,752,570.63 (LAST TOTAL AMT. REQUIRING BCC APPROVAL) Date of Last BCC Approval__April 22, 2003 Agend~ Rs,m # 16 B 7 Percentage of the change over/under current contract amount Formula: (Current Amount / Last BCC approved amount)-i ,-':-~,~.~:~ and .Ac:,o..s. the m-,,~ng~ e>'ceerJs . ?,~ ,_,,~.,~. cr.:o,,.,...a~ ~. on Purchasing repori:. CURRENT COMPLETION DATE (S): ORIGINAL: November 15, 2004 CURRENT: December 15, 2004 SUMMARY OF PROPOSED CHANGE (S): Ail line items associated with this chan.qe order were due to tho redesian to lenqthen the six lane seqment from Center St. to Oran,qe Blossom Dr. JUSTIFICATION FOR CHANGE (S):__The accelerated population ,qrowth alonq the road seqment. Tho, substantial costs savin-qs usin,q current contract prices. The time savinqsand convenience factor by doing the work as part of the onqoin,q construction proiect. The safety factor that would eliminate the hazard,-; associated with doinq the work as a separate proiect at a later time PARTIES CONTACTED REGARDING THE CHANGE: Norman Fedrer (Transportation Division Administrator); Gre.q,q Strakaluse (TE&CM Director); Lynn Thorpe (TE&CM Principal Proiecl Manaqer);Sandy Sridhar and Fred Sexton (Utilities Enqineerin.q); Eyra Cash f Johnson En.qineerin.q); Tom Deer and Dennis Day IPBS&J~; Richard Billian and Michael Murphy (Aiax ConstructionS: David Scafidi (Mitchell and Stark). IMPLEMENTATION STEPS (Verify each before proceeding with change using Y, N or N/A) ~Y Proposed change is consistent with the scope of the existing agreement ~Y Proposed change is in fact an addition or deletion to the existing scope ~Y Change is being implemented in a manner consistent with the existing agreement ~ The appropriate parties have been consulted regarding the change ~ Proposed prices, fees and costs set forth in the change are reasonable PROJECT MANAGER RECOMMENDATION: APPROVE: John R. Conti Date: DISAPPROVE: Date: December 1,2003 COMMENTS: Revised 8/22/03 DEC 1 6 2003 CHANGE .DRDER #13 TO: Michael J. Murphy FEOM: Collier County Transportation Engineering Ajax Paving Industries Inc. . 10501 Six Mile Cypress pkwy, Suite 108 Fort Myers, Fl. 339 ! 2-6400 Project Name: Goodlette Frank Road Widening Construction Agreement Dated: Change Order NO.: THIRTEEN (13) & Construction Management Department 2675 South Horseshoe Drive. Suile #401 Naples, Florida 34104 P.O. No.: 4500002260 Project No.: 60134 Bid No.: 02-3424 Date: 12/01/03 Change Order Description: (See Anached Change Order Summary) Original agreement amount .............................................................. $12,495,051.66 Sum of previous change orders amount ........................................... $ 623,862.12 This Change Order Amount [add] ................................................... $ 234,015.51 Revised Agreement Amount .............................................................. $13,352,929.29 Original contract time in calendar days to suNqantial ............... 690 days Adjusted number of calendar days due to prey ous change orders. 25 days This change order adjusted time is ...................................... 30 days Revised Contract Time in calendar days substantial ................ '/45 days Original Notice to Proceed date ................................................. Completion date based on original contract time ......................... Revised completion date ............................................................ Revised completion date to final ..................................... December 02, 2002 October 21, 2004 October 21. 2004 December 15, 2004 Your acceptance of this change order shall c>nstitute a modification to our Agreement and will be performed subject to all the same terms and conditions as contained in our Agreement indicated above, as fully as if the same were repeated in this acceptance. The adjustment, if any, to this Agreement p'h-~l constitute a full ~_nd final settlement of any and all claims of the C(~ntractor arising ou~/~, ~ related to. the change set forth herein, including claims for impact and delay cost~ ~ , ~'~ ~X~ Date Prepared by' "-'ql ~1 / I \ / : ~ ~ Dennis ~5'ay,~jqct Engineer PBS&J -- Reviewed by: ~~ Date: J~ Conti, Proj~t Manager Reviewed by: ~ ~]._ U\ ,1%.~}/,~,, RofB. Anderson, P.E., P.U.E.D. Director Reviewed by: L Lsmn R. ho~e, P.E.,?fincipal Project Manager Approved by: Gregg S ~aluse, T.E.C.M. Director Approved by: ~ ~ Date: Michael J. M~hy~Aj~~ndus~es. Inc. Accepted by: Reviewed by: . / ~ ~: ' "~1 .; ' I ' ~' ' ' unty Steve Camell, Purefias~n= Director. Colher Co Date: / // Date: AGENDA ITEM DEC Chan e Order # 13 Summary ROADWAY 101-lA MOBILIZATION This pay item was added with a quantity, of l .( LS. as a means &paying the con~ractor for the additiona| work as.~ociated with the plan redes gn performed by Johnson Engineering for six laning Goodlettc-Frank Road from just No~h of Center Street to Orange Blossom Drive. Platt Quantity Pay Item Increase $ 27,775.00 lncreq$.e. 1-102-10A MAINTENANCE OF TRAFFIC This pay item was added with a quantity of ] .( LS, as a means of paying the con~ractor for the additional work associated with the plan redes gn performed by Johnson Engineering for six laning Goodlette-Frank Road from just North.~f Center SU'eet to Orange Blossom Drive. Plan Quantity Pa), Item Increase ~ 28,795.00 Increase 120-1A EXCAVATION (ROADWAY) This pay item was added with a quantity of 1,583 CY, as a means of paying the contractor for the additional work associated with the plan redes gn performed by Johnson Engineering for six Inning Goodlette-Frank Road from just North 3f Center Sweet to Orange Blossom Drive. Plan Quantity Pa)' Item Increase $ 7,826.30 Increase 120-6 EMBANKMENT (ROADWAY) This pay item was decreased by a quantity of ~ .987 CY, for work not necessa~' with the plan redesign performed by Johnson Engineering t't.~ six laning Goodlette-Frank Road from just North of Center Street to Orange Blossom Drive. Construction ~lethod Change $120.863.$0) Decrease 126-1 MEDIAN BACKFILL FOR LANDSCAPE This pay ~tem was decreased by a quantity of 2,514 CY, for work not necessau with the plan redesi~m performed by Johnson Engineering l:c,r six laning Goodlerte-Frank Road from just North of Center Street to Orange Blossom Drive. Construction Method Change ~ (39,950.20) Decrease · 160-4A TYPE "B' STABILZATION This pay item was added with a quantity of 4,( 04 SY, as a means &paying the contractor for the additional work associated with the plan redes gn performed by Johnson Engineering for six laning Goodletle-Frank Road from just North of Center SWeet t{~ Orange Blossom Drive. Plan Quantity Pay Item Increase $ 7,807.80 Increase · 285-709A OPTIONAL BASE (GROUP 9) This pay item was added with a quantity of 8933 SY, as a means of paying the contractor for the additional work associated with the plan redes ga performed by Johnson Engineering for six laning GoodletXe-Frank Road from just North of Center Sweet to Orange Blossom Drive. Plan Quantity Pay Item Increase $ 67~662.80 Increase · 331-2-AA TYPE "S" ASPHALT CONCRETE 1' This pay item was added with a quantity of 89 }3 SY, as a means &paying the contractor for ~he additional work associated with the plan redes gn performed by Johnson Engineering for six laning Goodle~te-Frank Road from just North ,ffCentcr Sweet tn Orange Blossom Drive. Plan Quantity Pay Item Increase $17~806.00 lncrease · 331-2-CA TYPE =S' ASPItALT CONCRE'gE 2 Va ~ This pay item was added with a quantity of 89 )3 SY, as a means of paying the conWactor for the additional work associated with the plan redes gn performed by Johnson Engineering for six Plan Quantity Pay Item Increase $ 47,631.05 Increase No.. I [] ~"-1 DEC 16 2003 520-1-10A CURB & GUTTER TYPE "F" This pay item was added with a quantity of 6,_x44 LF, as a means of paying the contractor for the additional work associated with the plan redes:gn performed by Johnson Engineering for six liming Goodlelte-Frank Road fromjust North mt'Center Street to Orange Blossom Drive. Plan Quantity Pa), Item Increase $ 35,970.48 Increase 520-70A CONCRETE TRAFFIC SEPARATOR (SPECIAL) This pay item was added with a quantity of 19.7 SY, as a means o£paying the contractor for the additional work associated with the plan rede,~o__n performed by Johnson Engineering for six laning Goodlette-Frank Road from just North ~£Center Street to Orange Blossom Drive. Plan Quantity Pay Item Increase $ 7~084.12 Increase 526-1-1A UNIT PAVER PAVEMENT This pay item was added with a quantity of 13 } SY. as a means of paying the contractor for the additional work associated with the plan redes gn performed by Johnson Engineering for six laning Goodlette-Frank Road from just North ,>fCenter Street to Orange Blossom Drive. Plan QuantiO, Pay Item Increase $ 5~418.40 Increase 570-5 FERTILIZER This pa? item was decreased by a quantity, of 94 TN for work not necessary with the plan redesign performed by Johnson Engineering ftr six liming Goodlette-Frank Road frorn just North of Center Street to Orange Blossom Drive. Construction ,}lethod Change S ~253.80} Decrease 575-1 SODDING BAHIA This pay item was decreased by a quanti~ o£; 1,325 SY for wo~ k not necessar-,' with the plan redesign performed by Johnson Engineering for six laning Goodlette-Fmnk Road from just North of Center Street to Orange Blossom Drive. Construction .~lethod Change ~; (10,985.25'~ Decrease SIGNALS AND CO MMUNICATION 649-113-003A MAST-ARM (STEEL, DOUBLE ARM) This pax, item was added with a quantity of I.~, AS. as a means of paying the contractor for lhe additional work associated with the plan redes.gn performed by Johnson Engineering for six toning Goodlerte-Frank Road fi-om just North )f Center Street lo Orange Blossom Drive. Plan Quantify Pay Item Increase $17,862.12 Increase 649-123-305 MAST-ARM (STEEL, DOUBLE ARM) This pay item was established with a quantity ~f 1.0 AS, as a mcims of paying the contractor for the additional work associated with the plan redesign performed by Johnson Engineering for six laning Goodlette-Frank Road from just North >fCenter Street tn Orange Blossom Drive. New Pay Item $ 24~486.53 Increase SIGNING AND MARKING 700-40-1A SIGN, SINGLE POST <i2 SF This pay item was added with a quantity of 2.~, AS, as a means of paying the contractor Ibr the additional work associated with the plan redes, gn performed by Johnson Engineering for six laning Goodlette-Fmnk Road from just Norlh )fCenter Street to Orange Blossom Drive. Plan Quantity Pay Item Increase $ 345.60 Increase 705-71A TUBULAR DELINEATOR (FLEXIBLE) This pay item was added with a quantity of 3.0 EA. as a means o£paying the corm'actor for the additional work associated with the plan rede~gn performed by Johnson Engineering for six laning Goodlette-Frank Road from just North >f Center Street to Orange Blossom Drive. Plan Quantity Pa)' Item Increase $ ! 45.80 Increase AGENDA IT. EM DEC 1 6 2003 pg._ ~O · 706-3A REFLECTIVE PAVEMENT MARKER, TYPE "B" This pay' item was added with a quantity of 18: EA, as a means of paying the contractor Ibr the additional work associated with the plan redes~n performed by Johnson Engineering for six laning Goodlet~e-Frank Road from just North tf Center Street to Orange Blossom Drive. Plan Quantity Pa), Item Increase ]; 741.15 Increase · 710-30 REFLECTIVE PAINT (BULL NOSE) (YELLOW) This pay item was decreased by a quantity of&50 SY for work not necessary with the plan redesign performed by Johnson Engineering f~ six laning Goodlel~e-Frank Road from just North of Center Street to Orange Blossom Drive. Construction Method Change $ (70.203 Decreas~ · 711-3 PAVEMENT MESSAGE, THEREMOPLASTIC This pay item was decreased by a quantity of 2.00 EA for work not necessary, with the plan redesign performed by Johnson Engineering t'cr six laning GoodSe~te-Frank Road from just North of Center Street to Orange Blossom Drive. Construction Method Change $ (2 ! 0.60) Dec rease 711-4A DIRECTIONAL ARROWS, THEREMOPLASTIC This pay item was added with a quantity of 3.£ EA, as a means of pa.~ing the contractor for the additional work associated with the plan redes gn performed by Johnson Engineering for six laning Goodletle-Frank Road from just North ,ff Center Street to Orange Blossom Drive Plan Quantity Pay Item Increase $136.08 Increase 711-31A SKIP TRAFFIC STRIPE, THEREMOPLASTIC (WHITE 10/30) This pay item was added with a quantity of 1.23 GM, as a means of paying the contractor for the additional work associated with the plan redes gn performed by 3ohnson Engineering for six laning Goodlette-Frank Road fi.om just North nf Center Street te Orange Blossom Drive. Plan QuantiO' Pat' Item Increase $ 790.02 Increas~ · 711-34 SKIP TRAFFIC STRIPE, TH ERE34OPLASTIC YELLO'~x.' This pay item was decreased by a quantity of-" 55 LF for work not necessaD' with the plan redesign performed by Job. nson Engineering f~ r six laning Goodlette-Frm:k Road from just North of Center S~'eet to Orange Blossom Drive. Construction ,~lethod Change $ (248.50) Decrea:*e · 711-35-121A TRAFFIC SOL1D STRIPE, T:IEREMOPLASTIC, WH1TE 12" This pay item was added with a quantio' of 23 LF, as a means of paying the contractor for the additional work associated with the plan redes gn performed by Johnson Engineering for six laning Goodlette-Frank Road fi-om just North ~f Center Street to Orange Blossom Drive. Plan QuantiO' Pay Item Increase $ 28.52 Increase · 711-35-181 TRAFFIC SOLID STRIPE, THEREMOPLAST1C, V~qIITE This pay item was decreased by a quantity of 25 LF, for work no; necessary with the plan redesign performed by Johnson Engineering for six lan~g Goodlette-Frank Road fi.om just North of Center Street to Orange Blossom Drive. Construction ,~ethod Change $ (51.25) Decrease · 711-35-241A TRAFFIC SOLID STRIPE, THEREMOPLASTIC, WHITE 24" This pay item was added with a quantity of 10 LF, as a means &paying the contractor for the additional work associated with the plan redes- gn performed by Johnson Engineering for six ]aning GoodleMe-Frank Road from just North ¢f Center Street to Orange Blossom Drive. Plan Quantity Pay Item Increase $ 24.80 Increase · 711-36-81A TRAFF1C SOLID STRIPE, TEEREMOPLASTIC, YELLOW This pay item was added with a quantity of 64-2 LF, as a means of paying the contractor for the additional work associated with the plan redes, gn performed by Johnson Engineering for six laning Goodlette-Frank Road fi-om just North )f Center Street to Orange Blossom Drive. Plan QuantiO~ Pa)' Item Increase $ 449.40 Increasg AOl?na DEC I 6 2003 3 Pg, 711-36-181A TRAFFIC SOLID STRIPE, THEREMOPLASTIC, YELLO'~V 18~ This pay item was added with a quantity of 3,:E2 L?. as a means of paying the contractor for the additional work associated with the plan redesien performed by Johnson Engineering for Six laning Goodlette-Frank Road from just North o-f Center Street to Orange Blossom Drive. Plan Quantity Pa.v Item Increase $ 738.72 Increase 711-36-61 TRAFFIC SOLID STRIPE, THEREMOPLASTIC, YELLOW 6" This pay item was decreased by a quantity orE6 NM, for work not necessary, with the plan redesign performed by Johnson Engineering t'~' six laning Goodlette-Frank Road from just North of Center Street to Orange Blossom Drive. Construction Method Change $ (533.52) Decrease EM-33 DEFLECTION OF EXISTING 6" EFFLUENT MAIN FOR REVISED MAST ARM LOCATION AT ORANGE BLOSSOM DRIVE This pay item was established with a quant.ity .ff 1.0 LS, as a means of paying the contractor for the additional work associated with the plan rez~esign performed bv Johnson Engineering for six farting Goodlette-Frank Road from just North ~fCenter Street to Orange Blossom Drive. Nev~ Pa.v Item $ 3,656.64 Increase AGENDA IT~'_~-~ No. DEC 1 6 2003 Pg.. A~nA ITEM, DEC. I a 2Q03 Pg. t / ~OR NU~BERM ~I-ASSIFICATION TOTAL HOURS RATE AMOUNT 76 00 $ 24.40 $ 1.854 78 $ EQUIPMENT UNITS DESCRIPTION TOTAL HOURS RATE AMOUNT 1 To~ Tr~k 2800 ! $ 21 00 $ 5&8 00 I B~c~mtl'mck 6.00 ' $ 4500 $ 27000 1 w~?mck 15 00 = $ 1860 $ 27900 I ~3~mTmcklLiR 1300 $ · 2380 $ 30940 3,172.05 I MATERIALS QT~.I IA$~3~$ Pol~ DESCRIPTION UNIT PRICE ~ AMOUNT $ $ $ $ - QTY. DESCRIPTION ONTRACT REDUCTION TOTAL DESCRIPTION ADDITIONAL PAY ITEM WORK TOTAL SUBCONTRACTOR COST FOR ADDITIONAL WORK $ 21,200.47 SUBCONTRACTOR MARKUP 10% $ 2,120.05 PRIME CONTRACTOR MARK UP 05% $ 1,166.03 TOTAL COST ADDITIONAL WORK $ 24,486.54 SUBTOTAL OF ADDITIONAL PAY ITEM WORK $ CONTRACT REDUCTIONS $ ~TOTAL COST OF FJ(TRA WORK --' ~ $ 24,4~6.54 WE HEREBY CERTIFY THAT THE ~ AND A&~:NJNTS LISTED O~ THE WORKSHEET ABOVE HAVE BEEN CHECKED AND ARE ACCEPTED BY: CON~CTOR ~ AGENDA ~T~.~.~ DATE DEC 1 Ii Tm. GOODLETTE*F RANK ROAD WIDENING PROJECT L~BOR NUMBER CLASSIFICATION TOTAL HOURS RATE AMOUNT 1 r ...... 6.00 $ 37 00 $ 222.00 EQUIPMENT U TS , DESCRIPTION TOTAL HOURS RATE AMOUNT N11 $ 75 O0 $ 450 0~ 6.00 1 ~cavator~.oad~ 6 O0 $ 50 O0 $ 300 O0 600 $ 1875$ 11250 I ro~ TraCt E.00 $ 18 75 $ 112.50 1 .... I" 000 $ ' $ 000 $ 0 00 $ MATERIAL5 QTY. DESCRIPTION UNIT PRICEAMOUNT 4 ~' MJ 4S'S $ 35.64 $ 71 28 $ $ $ $ $ [CONTRACT REDUCTION TOTAL 3UBCONTRACTOR COST FOR ADDITIONAL WORK $ 3,166.19 SUBCONTRACTOR MARKUP 10% $ 316.62 PRIME CONTRACTOR MARK UP 05% $ 174.14 tOTAL COST ADDITIONAL WORK $ 3'656'r-" SUBTOTAL OF ADOITIONAL PAY n'EM WORK CONTRACT REDUCTIONS $ TOTAL COST OF EXTRA WORK $ 3,656.95 WE NEI~EBY CERTIFY THAT THE ITEMS AND AMOUNT~ USTED O1~ THE WORKSHEET ABOVE HAVE SEEN CHECKED AND ARE CORRECT. SIGNING THIS DOCUMENT THE CONTRACTOR AGREES THIS DOCUMENT CONSTITUT~ A FULL AND COMPLETE SETTLEMENT OF THE MATTERS SET FORTH HEREIN, INCLUDING ALL DIRECT AND INDIRECT COSTS FOR EQUIPMENT, MANPOWER, APPROVED BY: PROJECT MANAGER ,/ WORK DIRECTIVE NO.: PRICING INFORMATION DIRECT LABOR CLASSIFICATION Superintendent Foreman Operator Pipe Layer Laborer Truck Driver MA TERIAL S DESCRIPTION 6" DR-18, PVC 6" MJ 45' 6" MJ Sleeve 6" Megalugs 6" Bell Restraint Md Rng Mrkrs # 57 Stone EQUIPMENT DESCRIPTION Excavator Loader Pumps Tool Truck SUBCONTRACTORS DESCRIPTION CHANGE PROPOSAL SUMMARY FORM RFP No. 40 Deflect 6" Effluent Main as required for 6 lane redesign' HOURS RATE COST 0 $50.06 $0.00 6 $37.06 $222.00 12 $34.56 $414.00 12 $29.06 $348.00 12 $26.06 $312.00 0 $26.06 $0.00 TOTALS QUANTITY UNIT PRICE COST 40 If $2.35 $94.00 4 ea $32.56 $130.24 2 ea $35.64 $71.28 12 ea $25.50 $306.00 4 ea $32.00 $128.00 4 ea $10.00 $40.00 5 ton $15.00 $75.00 SUB-TOTAL $844.52 TAX 6.00% $50.67 SUB-TOTAL $2,191.19 MARK-UP 10% $219.12 TOTAL LA3OR & MATERIALS $2,410.31 DAYS RATE COST 0.75 $60000 $45000 0.75 $40000 $300.00 0.75 $150.0(I $11250 0.75 $150.0(, $112.50 SUB-TOTAL $975.00 MARK-UP 10% $97.50 TOTAL E¢ UIPMENT $1,072.50 QUANTITY UNIT PRICE COST $0.00 $0.00 SUB-TOTAL $0.00 MARK-UP 10% $0.00 TOTAL SL BCONTRACTORS TOTAL COST UNIT TOTAL UNIT PRICE LS $0.00 $3,482.81 1.00 $3,482.81 XGEI~i~A DEC 1 6 20 J NGIN.EERING Mr. John Conti Collier County Transportation Services 2675 Horseshoe Drive South Suite 401 Naples, FL 34104 SINCE lg46 September 30, 2003. Re: Goodlette-Frank Road Dear Mr. Conti: Below please find the Summary of Pay Items for the lane additions on Goodlette-Frank Road: ROADWAY Item No. Description Units Quantity Total 120-1 EXCAVATION (ROADWAY) CY +1,283 120-6 EMBANKMENT {ROADWAY) CY -1,987 126-1 MEDIAN BACKFILL FOR LANDSCAPE CY -2,514 160-4 TYPE "B" STABILIZATION SY +4,004 285-709 OPTIONAL BASE GROUP 09 I SY +8,903 ,_,,.~, ,,.,, ,~, ,.. ~ 1 / ..... [ . 331-2-A TYPE "~S;' ASPHALT!G r-~ur-~,-'r= / "~ SY ~1-:~-~ TYPE "S" ASPHALTIC CONGRETE (2-1/2") t ~' SY' ' +8,903 520-t-10 CONCRETE CURB & GUTTER (TYPE F) LF I +6,344 520-70 , CONCRETE TRAFFIC SEPARATOR/SPECIAL) SY +197 526-1-1 !UNIT PAQER PAVEMENT SY +130 TN -0.94 570-5 ~I FERTILIZER ~ ~v ., .~ ~ 575-1 SODDING SIGNING AND PAVEMENT MARKINGS () Item No. Description I Units I Quantity Total 700-40-1 SIGN, SINGLE POST (<12 SQ. FT.) AS +2 705-71 TUBULAR DELINEATOR EA +3 706-3 REFLECTIVE PAVEMENT MARKER, TYPE "B" EA +183 710-30 REFLEGTIVE PAINT (YELLOW) ISLAND NOSE SY -6.5 711-3 PAVEMENT MESSAGES EA -3 711-4 DIRECTIONAL ARROWS, THERMOPLASTIG EA +3 711-31 SKIP TRAFFIC STRIPE, THERMOPLASTIC (WHITE) (10130) GM +1.33 711-34 SKIP TRAFFIC STRIPE, THERMOPLASTIC (YELLOW) (6/10) LF -355 711-35-121 SOLID TRAFFIC STRIPE, THERMOPLASTIC {WHITE) {12") LF +23 711-35-181 SOLID TRAFFIC STRIPE, THERMOPLASTIC {WHITE) (18") LF -25 711-35-241 SOLID TRAFFIC STRIPE, THERMOPLASTIC {WHITE) (24") LF +10 711-36-81 SOLID TRAFFIC STRIPE, THERMOPLASTIC {YELLOW) (8") LF .+. ;42 AGEI 711-36-181 SOLID TRAFFIC STRIPE, THERMOPLASTIC (YELLOW) (18") LF + ;43NO.__ 711-38-61 SOLID TRAFFIC STRIPE, THERMOPLASTIC (YELLOW) (6") NM -(,260 16 2003 3501 Del Prado Boulevard · Cape Coral, Florida 33904 pg. ~/.~ (23% 334-004 November 7, 2003 PBS&J Construction Services 1719 Trade Center Way, Unit 10 Naples, FL 34109 Subject: Goodlette-Frank Road Widening Project Ajax Paving Industries, Inc. Job No. 2432 Collier County Project No. 60134 Re: Goodlette-Frank Road Change Order 13 Pricing Mr. Day, . Please find enclosed pricing' for mobilization and maintenance of traffic for change order 13, the six-laning addition on Goodlette-Frank Road from Center Street to Orange Blossom Drive. Aj,~x Paving Industries is also requesting a time increase of six~'y (60) days for the r~roposed six-laning addition. Mobilization Maintenance of Traffic Tom! Cost $31,562.00 $27,687. OO $59,249.00 Michael Murphy Project Superimendem CC: Ajax Area 2 File N AGENO,~ j~ DEC 16 2003 T~i~;: ~o%; ~: October 14, 2003 PBS&J Construction Services 1719 Trade Center Way, Unit 10 Naples, FL 34109 Subject: Goodlette-Frank Road Widening Project Ajax Paving Industries, Inc. Job No. 2432 Collier County Project No. 60134 Re: Pricing for Pay Item #649-123-305, A3-A3-P5 Mast Arm (Southwest Comer Orange Blossom Drive and Goodlette-Frank Road) Mr. Day, Please f'md enclosed pricing for Pay Item #649-123-305, Mast Arm Type A3-A3-P5, at the Southwest comer of Orange Blossom Drive andGoodlette-Frank Road. Pricing is based on the revised Traffic Signal Plans dated 09/13/03. Pay Item #649-123-305, Mast Ann Type A3-A3-P5 Prime Contractor Mark-Up 5% Total Cost $23,320.50 EA $ 1,166.03 $24,486.53 If you have any questions, or need additional information, please feel free to contact me. Sincerely, Michael J. Murphy Project Superintendent Cc: RJ Bflllan. General Supefinttmdent Ajax Area 2 File AGENn,,, ,Tr--/~. ~_., No. , .~_~ff~..;' J:./,J' DEC 1 6 2003 ~JAX PAVING INOUSTRIES ' 10501 Six Mile Cvpress Pkwv, Ste 108 ' Fort Mvers. FL 33RI 2.64F~FI , October 14, 2003 Mike Murphy Ajax Paving Industries 10501 Six Mile Q,press Parkway, Ste. 108 Fort Myers, Florida 33912 239,936-9444 Fax 239-936-9445 Ref: Pricing Pay-Item #649-123-305, A3-A3-P5 Mast Arm SW Corner Orange Blossom Dr/ye ~ Goodlette-Frank Road Goodlet~e-Frank Road Widening From Pine Ridge Road to Vanderbilt Beach Road Collier County Project # 60134, Contract # 00-3184 Dear Mike, Please find eocloscd cost breakout sheet for PaT'-Item .~.~49-123-305. Mast AFro Type A3-A3-PS, SW Comer Orange Blossom Drive, based on revised Trafific Signal plans dined SeptemBer 19.. 2003. Also note tha! sheet 02 of 20, SummaD, of Traffic Quantities, has been revised to reflect new quantities and pay-items. Should you have My q'_ae~ions, p!¢a_~e c~lI. Pricing for Pay-Itera #649-123-305, Mast Arm Type A3-A3-PS: $23,320.50 Each Sincerely, Vice-President PHONE (2,~9) 643-C266 5821 P~G~' 02 10tld/20~3 14:26 0B00000000 Additional W~K 1 Ch~nge~rder P~c9 Spr~d~heet. Project No.: 5~9 Coun~: Co1~ier Projec~ 80134 .... Subml~d By: ~ D~scri~on of Wo~: P~ le ~umnt~: ~.00 Ea Propo~ Bid A~: ~123-3~5 . 2BOO 5~,~51.24' Signal Technician $18.00 $12.30 Signal Technic~an(OT) $27.00 $18.44 $45.4~t 0.00 $000 Installer $14.50 $9.90 $24.40 76.00 $1,864.78 Insta!ler(OT) $21.75 $14.86 $36.61 0.00 $0.00 U nskill~l Labor $10.00 $6.83 $16,83 0.00 $0.00 Unskilled Labor(OT) $15.00 $10,25 $25.25 0.00 $0.00 Transport Driver $I2,00 $8.20 $20.20 2,00 $40,39 $3,046.41 Labor Cost Total Materials and ~.~up_.J31l . ~--~5 1.00 $10,854,40 C[~s IV DS C~ete fi 8.00 $95.00 51,71 DOC Re!d~em~ ~1 1,00 $1,017,60 ~t 1,00 $1,400,00 $1,400.00 0.00 S0.00 0.00 $0,00 $0,~ ~ Matedal C~t T~al Inctud~ Sales Tax & Fr~ ht - $14 '982.~ -- ~S~"~ Houdy Rate ~rs C~t Ext~on E ul ment Char~s ...................... ~ .... ~.--~= _~_.P~ .................... Pick-Up , tuck with To~S $21.00 Bucket Tru~ $45.00 6,00 $270.00 Water Truck $18,60 15.00 $279.00 5vv~ T~u~k t UrL 323.~ 13.00 ~300.40 Mixer $29.75 1 B.0O $4~.25 Semi w~railer S57,B5 2,00 S1~570 Texoma Drill Rig 10,0(} $158,70 B~.'A Hoe $15.§7 , _ ..... ......... 2 0.~ $0.~ $0,00 Su~ont~ Cost To~l = $0,0~ ~terl3l & ~pplies ~st $14,982.~ 10,0% $1,498.20 $16,480,20 Equipment Coat $3,17Z~ 10.0% $317,21 $3,489.26 Su~On~ct Oem~ SD.00 10,0% ~.00 S0.00 Ail Cos~ ( BOND S [.lABILe) $21,200.~ 00% $0,00 $0.00 -- Unit Price ) To~l: $23,320,51 64.9-t 23-30,~ I Ea $23,320.51 AGENp_A No._ DEC 1 6 2003 SINCE lg46 ( September 30, 2003 ENGINEERING _ Mr. John Conti Collier County Transportation Services 2675 Horseshoe Drive South Suite 401 Nap]es, FL 34104 Re: Goodlette-Frank Road Dear Mr. Conti: "'?:; '..:-' Below please find the Sum,maW of Pay Items for the lane additions on Goodtette-Frank Road: ROADWAY Item No. 120-1 120-6 126-1 160-4 285-709 331-2-A 331-2-C 520-1-I0 520-70 526-1-1 570-5 575-1 Description EXCA VATIO N_.(ROADWAY__m EMBANKMENT_~ROADWA¥L. MEDIAN BACKFILL FOR LANDSCAPE TYPE "B" STABILIZATION OPTIONAL BASE GROUP 09 , TYPE "S" ASPHALTIC ,~ONCRETE (1 '~ i ¥~ "5" ASHHALI lC C(~~1/2") CONCRETE CURB & GUTTER (TYPE F) CONCRETE TRAFFIC SEPARATOR (SPECIAL) UNIT RAVER PAVEMENT. FERTILIZER SODDING SIGNING AND PAVEMENT MARKINGS Units cY CY CY SY Quantity Total +1,283 -1,987 -2,514 +4,004 +8,903 +R.9OR +8,903 LF I +6,344 SY +197 SY +130 TN -0,94 SY ! -11,325 Item No. Description Units Quantity Total 700-40-1 SIGN, SINGLE POST (<12 SQ. FT.) AS +2 705-71 =TUBULAR DELINEATOR EA +3 706-3 REFLECTIVE PAVEMENT MARKER, TYPE "B" EA +183 710-30 REFLECTIVE PAINT (YELLOW1 ISLAND NOSE SY -6.5 71 1-3 PAVEMENT MESSAGES EA -3 711-4 DIRECTIONAL ARROWS, THERMOPLASTIC EA +3 711-31 . SKIP TRAFFIC STRIPE, THERMOPLASTIC (WHITE/ (10/30) GM +1.33 711-34 SKIP TRAFFIC STRIPE, THERMOPLASTIC (YELLOW) (6/10) LF -355 711-35-121 SOLID TRAFFIC STRIPE, THERMOPLASTIC (WHITEt (12") LF +23 711-35-181 SOLID TRAFFIC STRIPE, THERMOPLASTIC (WHITE) (18") LF -25 711-35-241 SOLID TRAFFIC STRIPE, THERMOPLASTIC (WHITE) (24") LF +:0 ........... A~ AGF NDA iTEM 711-36-81 'SOLID TRAFFIC STRIPE, THERMOPLASTIC (YELLOW)(8") LF 711-36-181 SOLID TRAFFIC STRIPE, THERMOPLASTIC (YELLOW/ (18") LF +C- 42 711-38-61 SOLID TRAFFIC STRIPE, THERMOPLASTIC (YELLOW) (6") NM -0J_~60 DE 1 6 200;J 3501 Del Prado Boulevard · Cape Coral, Florida 33904 Pg. EXECUTIVE SUMMARy. AWARD ANNUAL BID //04..3575 FOR UNDERGROUND UTILITY SUPPLIES TO VARIOUS VENDORS IN THE ESTIMATED AMOUNT OF $1,000,000 ~ That the Board of County Commissioners, Ex-Offido the Governing Board of the Collier County Water-Sewer District award annual Bid No. 04-3575 for underground utility supplies to the vendors as shown on Exhibit A. CONSIDERATION: The Water and Wastewater Departments utilize underground utility supplies to maintain and repair the underground system infrastructure in order to provide water and wastewater services to the customers of the County Water-Sewer District. Bid #04-3575 £or Underground Utility Supplies was posted on September 18, 2003. Ninety-five inquiries were sent to vendors and six (6) bidders responded. Staff has reviewed the bids received and awards are based on a primary and secondary vendor basis. Attachment A outlines the low (primary) bidder and secondary bidder for each category that was included as part of Bid #04-3575. Some of' the awards are to different vendors For the Water and Wastewater Departments due to the Florida Administrative Statue 62-555 requirement that all water systems utilize only NSF 61 certified parts that come into contact with potable water. Every effort has been made to bid all underground parts necessary for the day-to-day operation of the County Water-Sewer District. This bid has approximately five hundred (500) line items; however, due to the dynamic and diversified nature of the work done by the Water and Wastewater Departments, it will occasionally be necessary to purchase items not specifically priced under this bid. Staff is requesting approval of the Board for the Water and Wastewater Departments to purchase up to $25,000 annually from each vendor for generically r~lated underground utility supplies under this bid. Quotes will be solicited for items costing more than $2,000 per item, and will be procured only alter receiving written quotes from the list of vendors approved on this bid. FISCAL IMPACT: The estimated annual expenditures for the supplies covered by Bid #02-3402 are anticipated to be $1,000,000. The actual cost is dependent upon the number of parts required for maintenance and repair of the Water and Wastewater Systems. Funds are available in the following Cost Centers: North County Regional Water Treatment Plant, South County Regional Water Treatment Plant, Water Distribution, Wastewater Collections, North County Regional Reclamation Facility, South County Regional Reclamation Facility and the Reuse Section - County Water/Sewer Fund (408). GROWTH MANAGEMENT IMPACT: There is no growth management impact related to the awarding of this bid for the purchase of underground utility supplies to maintain and repair the County Water-Sewer District underground infrastructure. AGENDA ITEI, I No. /z. e_ I DEC I 6 200 PG. / Page 2. Executive Summary Underground Utility Supplies RECOMMENDATION: That the Board of County Commissioners, Ex-Officio, the Governing Board of the Collier County Water-Sewer District award Annual Bid #04- 3575 for Underground Utilities Supplies as shown on Attachment A. para Libby, Wate~)Jstribution Manager, t'uo Joseph Ch~eatham, Wastewater Director, Public Utilities Dlvlsio REVEIWED BY: Pj~ui'~lattausch, Wa ' ctor, Public Utilities Division ' St~ve C~trnell, I3i/r~~-~asing/General Services APPROVED BY~ De~Lo/ly~lic Utilities DivisioDna;~q~~'~ ATTACHMENT A UNDERGROUND BID Group Primary Vendor A - Adapters Ferguson - Water only Group Al- Stops & Couplings luson - Water only Group B - Bushings, Couplings, Elbows, Ni ~les & Plus C - Check Valves Ferguson Ferguson-Water only Hughes-Wastewater Group D - Clamps D 1 - Maxifit/Maxistep Couplings Group E-Elbows Group El- Reducers Group F- Gaskets & T-Bolt'S---- Group G - Gate Valves Group Gl- Butterfly & Air ~lease Valves ._____ Group H -Mega Lugs Group I - Meter Boxes & Lids Ferguson-Water only Cole Industrial- Wastewater uson-Water only S u n state-Wa stewate r :erguson-Water only Cole Industrial- Ferguson-Water only ~iat'l. Waterworks- Yastewater ~'~uson-Water only Cole Industrial- Wastewater Ferguson - Water only '----- ~"~uson-Water only Hughes ~-'~uson-Water only Cole Industrial- Wastewater only Secondary Vendor Hughes - Hughes - Group J -PVC C900 Pipe Ferguson Group J1- Grade 316 Pipe & Hughes Adjustable Pipe Stands Group J2 - Plug Valves & Wing Ferguson Nuts Group J3 -Test Balls & Cole Industrial-Water Cleanouts only Hughes-Wastewater only Group J4 - Rubber Coup Hughes Group K - Schedule 40 PVC Ferguson Pipe & Fittings - 3" and above Group K1- Schedule 80 PVC Ferguson Pipe & Fittings - 3" and above Group K2-SDR-26 PVC Pipe Ferguson & Fittings - 3" and above Group K3 - CPVC Pipe & Ferguson - Fittings - ~" and above Group L - Saddles ;Ferguson-Water only Cole Industrial- Wastewater only Group M - Sleeves Ferguson-Water only Cole Industrial- Wastewater only Group N - Poly Tube Ferguson Group O - Glands, Flanges &Hughes iUniflanges Group P - VVyes & Tees Ferguson-VVater only Cole Industrial- Wastewater only Group Q - Accessory Kits for Ferguson-Water only Ductile Iron & Stainless Steel, Hughes-Wastewater _ Threaded Rod only ,,o./-/-/-~ _ DEC 1 § 2003 'Group R - Flags, Tape, & Hughes Markers Group S - Kamlocks Hughes Group T- Air Release Housing Ferguson Group T1- Eclipse Sample Hughes Station ~o. /C, DEC 1 6 2003 EXECUTIVE SUMMARY APPROVE THE SATISFACTION OF LIEN DOCUMENTS FILED AGAINST REAL PROPERTY FOR ABATEMENT OF NUISANCE AND DIRECT THE CLERK OF COURTS TO RECORD SAME IN THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. FISCAL IMPACT IS $66.00 TO RECORD THE LIENS. OBJECTIVE: Approve the satisfaction of lien documents filed against real property for abatement of nuisance and direct the Clerk of Courts to record same in the public records of Collier County, Florida. CONSIDERATION: Authorize the filing of satisfaction of liens, for previously recorded liens that have subsequently been paid. SEE ATTACHED EXHIBIT "A" Said Liens were recorded in Official Record Bo,,.: of the Public Records of Collier County, Florida. The owners of said properties nave paid to the Board of County Commissioners sums representing full payment of principal and interest due. Collier County has verified that said Liens have been satisfied and now requests Satisfaction of Lien documents and order the Clerk of Courts to record same in the public Records of Collier County, Florida. FISCAL IMPACT: Recording the Satisfaction of Liens is approximately $66.00 and will be charged to MSTD General Fund (111) -'Code Enforcement Admin. GROWTH MANAGEMENT IMPACT: There is no Growth Management impact associated with these items. RECOMMENDATION: That the Board of County Commissioners authorize the Chairman to execute the attached Satisfaction of Lien documents filed against real property for abatement of nuisance and direct the Clerk of Courts to record same in the Public Records of Collier County, Florida. ~0 .~ DEC 2003 Pam Calli,,~, Rever~e'~u pe rviso r Utility ~,ifling and Customer Service '~r~sa A. Riesen, Revenue Manager ,~l~_B. illing and Customer Service Approved by: ../'~---~'~ ,,~'~_ _ -,,~ame~ W. De~Lony, P/Z'.E., Administrator Utilities Divis(on DateL ?//'/~ .~/'"~ Date: Date: \\/"z---t'/°-~ Date: / '~~"'~ Exhibit A Baker, Thomas L & Marian J, Folio # 48173960000, Lot 4, Block 6, Gulf Shores, Res. # 2002-102 Bidak LLC, Folio # 62787920001, Lots 49 and 50, Naples Park, Unit 5, Block 72, Res. # 2002-53 3. Fontana, Anthony & Divina, Folio # 62572960001, Lots 49 & 50, Block 18, Naples Park, Unit No 2, Res. # 2002-392 4. J T Gaunt & Lois B. Gaunt, Folio # 56405840000, Lot 11, Block 4, and Lots 21-24-25, Block 6, Mainline Subdivision Of Immokalee, Florida, Res. # 2001-103 o ° o o Jesus Gomez, Folio # 62102840009, Lot 3, In Block 14, Of Naples Manor Addition, Res. #2001-385 I1 Dollaro S.R.L., An Italian Corporation, Folio # 61380720007, Lots 28 and 29, Naples Bayview Addition No. 1, Res. # 2002-352 Mayhood, Sue Ann, Folio # 74030960007, Lot 8, Block 2, of that certain subdivisior~ known as Immokalee Heights, Res. # 2001-144 RSG Family Ltd, Padnership - Immokalee, Folio # 00126120000, 4-47-29 SE1/4 of SW1/4 of SE1/4, Less R/W 8.82AC, Res. # 2000-314 Realty Holdings, L.P., % Kenneth R Johnson, Folio # 61380040004, Lots 1,2, and 3, Naples Bayview Addition, Res. # 2001-326 10. Realty Holdings, L.P., A Pennsylvania Limited Partnership, Folio # 61380040004, Lots 1,2, and 3, Naples Bayview Addition, Res. # 2001- 147 11. Eileen Curran Spector, Folio # 62101400000, Naples Manor Add BIk 12, Lot 36, Res. # 2001-102 DEC 1 6 2003 This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 Property Folio No. 48173960000 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLOR[DA was the owner and holder of a certain Lien against: BAKER. THOMAS L &/MARIAN J 2759 LAKEVIEW DR NAPLES, FL 34112 The Lien ,*'as recorded on the 20th day of March '~00~ in Official Record Book 3002 Page 2539 in the Office of the Clerk of the Circuit Court of Collier Count,,'. State of Florida. The Lien secures the principal sum of Two Hundred Fifty Five Dollars and N~) Cents ($255.00) plus accrued interest and penalties, if any. and imposes certain obligations against real proper situated in Coll[~.County. Florida, described as follows: .i , · LOT 4, BLOCK 6, GULF SHORES Collier Count.,,'. a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is herebv directed to record this Satisfaction of Lien in the Official Records of Collier Count,,'. Ftonda. to acknowledoe that the Lien ceases to exist. EN W1TNESS WHEREOF. the Board of Count), Commissioners of Collier Count).', Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this day of 2003. ATYEST: DWIGHT E. BROCK, Clerk Approved as to form and legal sufficiency BOARD OF COLTNTY COMMISSIONERS, COLLIER COUNTY, FLOR[DA B v~ TOM HENNING, CI-bMRMAN This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiarm Trail Naples, Florida 34112 (941) 774-8400 Property Folio No. 62787920001 SATISFACTION OF LIEN KNOW ALL NIEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: BIDAK LLC 270 MONTEREY DR NAPLES, FL 34119 The Lien was recorded on the 6th day of March 2002, in Official Record Book 2993 Page 3072 in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the pnncipal sum of Two Hundred Fifty Five Dollars and No Cents ($255.00) plus accrued interest and penalties, if any, and imposes certain obligations ag:finst real property situated in Collier County, Florida, described as follows: LOTS 49 AND 50, NAPLES PARK, UNIT 5, BLOCK 72 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby canccls the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN W1TNESS WHEREOF, the Board of County Commissioners of Collier County, Flor/da, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this __ day of 2003. ATI'EST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY CO.MMISSIONERS, COLLIER COUNTY, FLORIDA Approved as to form an~cy /c. ROi ERT'Z^9 4 Y By: 'EOM HENNING, CHAIRMAN C G2003 I This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tarmarm Trail Naples, Honda 34112 (941) 774-8400 Property Folio No. 62572960001 SATISFACTION OF 1JEN KNOW ALL NIEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY. FLORIDA was the owner and holder of a certain Lien against: FONTANA, ANTHONY & DIVINA 591 99th AVE N NAPLES, FL 34108 The Lien was recorded on the 15th day of October 2002, in Official Record Book 3131 Page 2314 in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Thousand Dollars and No Cents ($1,000.00) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, desr .ed as follows: - LOTS 49 & 50, BLOCK 18, NAPLES P,~RK, L.,~%IIT NO 2 Collier Count>,, a political subdivision of the State of Honda, hereby acknowledges receipt of pa>wnent in full satisfaction of the Lien and herebv cancels the Lien. The Clerk of the Circuit Court is herebv directed to record this Satisfaction of Lien in the Official Records of Collier County. Honda, to acknowledge that the Lien ceases to exist. hN WITNESS WHEREOF, the Board of County Commissioners of Collier Count>', Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this __. day of 2003. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLOR[DA Approved as to form By: TOM HENNING, CHA1P, MAN This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tarmarm Trail Naples, Horida 34112 (941) 774-8400 Property Folio No. 56405840000 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORDA was the owner and holder of a certain Lien against: J T GAUNT & LOIS B. GAUNT PO BOX 757 CLEWlSTON, H. 33440 The Lien was recorded on the 2nd day of May 2001, in Official Record Book 2817 Page 0505 in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of Two Hundred Forty Five Dollars and No Cents ($245.00) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier Count.,,', Florida, described as follows: LOT 11, BLOCK 4, .AND LOTS 21-24-25, BLOCK 6, MAINLINE SUBDIVISION OF IMMOKALEE, FLORIDA Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this __ day of 2003. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA Approved as to form and legal sufficiency ROBER'IXZA~oI~ By: TOM HENN1NG, CHAIRMAN This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attomev 3301 East Tamiarm Trail Naples, Florida 34112 (941) 774-8400 Property Folio No. 621028400~o SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: JESUS GOMEZ 6034 SW 27TH STREET MI.-X.MI. FL 33155 The Lien was recorded on the 31st day of October 2001, in Official Record Book 2916 Page 2701 in the Office of the Clerk of the C:,~z ::,it ('our~ of Collier County, State of Florida. The Lien secures the pnncipal sum of Three Hundred Ei ~htv Dollars and No Cents ($380.00) plus accrued interest and penalties, if any, and imposes certzn n obligations against real property situated in Collier County Florida. described as follows: ' LOT 3, IN BLOCK 14, OF: :\FLES MANOR ADDITION Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier Count.,,,, Flond:~.. to zScknow]edge that the Lien ceases to exist. IN WITNESS WFIEREOF, the Bor:d of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this. day of 2003. ATFEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA Approved as to form and legal sufficiency R y By: TOM HENNING, CHAIRMAN .0. /& DEC 1 6 2003 PG. ~ This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tarmarm Trail Naples, Florida 34112 (941) 774-8400 Property Folio No. 61380720007 SATISFACTION OF LBEN KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COM2MISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: IL DOLLARO S.R.L., an Italian corporation Via melchiorre Gioia #11 44100 Ferrara Italy The Lien was recorded on the 2nd day of October 2002, in Official Record Book 3121 Page 1552 in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of Two Hundred Fifty Five Dollars and No Cents ($255.00) plus accrued interest and penalties, if any. and imposes certain obligations against real property situated in Collier County, Florida, described as follows: LOTS 28 AND 29, NAPLES BAYVIEW ADDITION NO. 1 Collier County, a political subdivision of the State of Fl?ida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of, the Circuit Cot~rt is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledg.e that the Lien ceases to exist. IN WITNESS WHEREOF. the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this __ day of ,2003. ATI'EST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY CO1VEMISSIONERS, COLLIER COUNTY, FLORIDA Approved as to form ROBERT'Z,~:'HARY By':. TOM HENNING, CHAIRMAN This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 O41) 774-8400 Property Folio No. 74030960007 SATISFACTION OF LiEN KNOW ALL MEN BY TH~ESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: NIAYHOOD, SUE ANN 11071 Terry Street E Bonita Springs. FL 34135 The Lien was recorded on the 16th da), of May 2001, in Official Record Book 2825 Page 1908 in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the pnncipal sum of Two Hundred Forty Five Dollars and No Cents ($245.00) plus accrued interest and penalties, if an.,,', and imposes certain obligations against real property situated in Collier County, Flonda, described as follows: I.OT 8, BLOCK 2, OF THAT CERTAIN SUBDIVISION KNOWN AS IMMOKALEE HEIGHTS Collier County'. a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of tine Lien and hereby cancels the Lien. The Clerk of the Circmt Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County'. Ftonda, to acknowled=e that the Lien ceases to exist. IN WITNrESS WHEREOF. the Board of County Commissioners of Collier County, l~lorida, acting through its Chairman. directs execution and recordin~ of this Satisfaction of Lien, bv action of the Board this __ day of 2003. ~ ~ ATTEST: DWIGHT E. BROCK, Clerk Approved as to form and leaal sufficiencv BOARD OF COUNTY COMMISSIONERS, COLLIER COLrNTY. FLORIDA By: TOM HENNXNG, CHAIRNL, MN This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 Property Folio No. 00126120000 SATISFACTION OF LIEN KNOW ALL ~MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: RSG FAMILY LTD P,&RTNERSHIP - IMMOKALEE 850 S COLLIER BLVD APT 1701 MARCO ISLAND. FL 34145-6119 The Lien was recorded on the 17th da>' of Octc,ber 2000, in Official Record Book 2732 Page 3326 in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of Four Hundred Fifty Dollars No Cents t$450.00) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: 4-47-29 SE1/4 OF SW1/4 OF SE1/4, LESS R/\V 8.82AC Collier County, a political subdivision of the SI ate of Flo, rida. hereby acknowledges receipt of pa,vment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. EN WITNESS WHEREOF, the Board of County' Commissioners of Collier Couniy, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this __ day of 2003. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA Approved as to form an~ienc y __ /< -> R 6 BER"T(Z"AC~HAR y By: TOM HENNING, CHAIRMAN DEC 2003 PG. This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tam/arm Trail Naples, Florida 34112 (941) 774-8400 Property Folio No. 61380040004 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: RE,~L,TY HOLDINGS, L.P., % Kenneth R Johnson 4001 Tamiami TrN Ste 300 Naples, FL 34103 The Lien was recorded on the 3rd day of October 2001, in Official Record Book 2901 Page 1769 in the Office of the Clerk of the Circuit Court of Collier County. State of Florida. The Lien secures the pdn_qipal sum of Three Hundred Sixty Five Dollars and ~0 Cents ($365.00) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier Count,,', Florida, described as follows: ~ LOTS 1, 2, AND 3, N,4A:>LES BAYX'IEW ADDITION Collier County, a political subdivision of the State of Florida. herebv acknowled~,es receipt of payment in full satisfaction of the Lien and hereby cancels the Li~n. ' = The Clerk of the Circuit Court is herebv directed to record this Satisfaction of Lien in the Official Records of Collier County, Ftonda, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF. the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this day of 2003. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLOR[DA Approved as to form an~encv RO&~ Z~C'rHARY By: TOM HENNLNG, CHAIRMAN EC 1 6 /.t _ This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiarm Trail Naples, Honda 34112 (941) 774-8400 Property Folio No. 61380040004 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORDA was the owner and holder of a certain Lien against: REALTY HOLDINGS, L.P., A Pennsylvania Lirmted Partnership 4001 Tamiami Tr N Ste 300 Naples, F1 34103 The Lien was recorded on the 16th day of May 2001, in Official Record Book 2825 Page 1914 in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of Three Hundred Thirty Five Dollars and No Cents ($335.00) plus accrued interest and penalties, if any, and imposes certain obligations; against rea! property situated in Collier County, Florida, described as follows: LOTS I, 2, AND 3. NAPLES BAYVIEW ADDITION Collier County, a political subdivision of the State of Flo, rida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. 1N WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this __ day of 2003. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORDA Approved as to form an~ncy RO E~R;~ Zt~'~/t'~/y By: TOM HENNLNG, CHAIRMAN ~o. pG. This instrument prepared by: Robert Zachary, Assistant County Attorney Office of the County Attorney 3301 East Tamiaml Trail Naples, Florida 34112 (941) 774-8400 Property Folio No. 62101400000 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: EII~EEN CURRAN SPECTOR 1232 WOODRDGE AVE NAPLES. FL 34103-8922 The Lien was recorded on the 2nd day' of Mav 2001, in Official Record Book 2817 Pate 0503 in the Office of the Clerk of the Cir,:'t:it Court of Col'Iier County, State of Florida. The Lien se~cures the pnncipat sum of Two Hundred Ninet,,, Dollars ($290.00) plus accrued interest and penalties if any and imposes certa ~b]igations a~amst real property situated in Collier County, Florida, described as follov,,s: NAPLES MANOR ADD Bi~K 12. LOF 36 Collier County, a political subd~ v~s~on of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien ~m.d hereby cancels the Lien. The Clerk of the Circuit Court is i~erehy ciirected to record this Satisfaction of Lien in the Official Records of Collier Count,,'. Florida. to acknowledge that the Lien ceases to exist. ff,l WITNESS WHEREOF. the Board of County Commissioners of Collier County, Florida, acting through its Chairman. directs execution and recording of this Satisfaction of Lien, by act/on of the Board this __ day of · 2003. ATTLST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORDA Approved as to form By: TOM HENNING, CHAIRMAN EXECUTIVE SUMMARY ADOPT A RESOLUTION APPROVING THE SATISFACTION OF LIEN FOR A SOLID WASTE RESIDENTIAL ACCOUNT WHEREIN THE COUNTY HAS RECEIVED PAYMENT AND SAID LIEN IS SATISFIED IN FULL FOR THE 1991 SOLID WASTE COLLECTION AND DISPOSAL SERVICES SPECIAl. ASSESSMENT. FISCAL IMPACT IS $12.00 TO RECORD LIEN. OBJECTIVE:' Adopt a Resolution approving the Satisfaction of Lien for residential account where the County has received payment in full for the 1991 Solid Waste Collection Services Special Assessment. CONSIDERATIONS: Resolution No. 93-29 adopted by the Board on January 26, 1993 provided for the recording of the list of 1991 delinquent solid waste collection and disposal services special assessment and a mailing of a written notice of the imposition of each residential unit lien. Resolution No. 93-29 was recorded on February 1, 1993 in Official Record Book 1793, Pages 459 through 598 of the Official Records of Collier County, Florida, which placed a lien on certain residential properties for the 1991 Solid Waste Collection Services Special Assessment. Collier County Ordinance No. 90-30, as amended, provides that Satisfaction of Lien shall be approved by Resolution. The attached Resolution lists the one account that has been paid in full for the 1991 Solid Waste Collection Services Special Assessment Lien. FISCAL IMPACT: The fiscal impact for recording ~he Satisfaction of Lien and the Resolution is approximately $12.00, which is to be charged to County Water/Sewer Operating Fund (408). GROWTH MANAGEMENT IMPACT: There is no Growth Management impact associated with this item. RECOMMENDATION: That the Board of County Commissioners adopt the attached Resolution approving the one Satisfaction of Lien for the account listed in the Resolution and authorizing the Chairman to sign this one Satisfaction of Lien for the 1991 Solid Waste Collection Services Special Assessment Lien. Pam Calli-}/,, Reven/u~ Supervisor Utility Bi, l~'ng and Customer Service 71'e'~eSa A. Riesen, Revenue Manager Utility Billing and Customer Service · J~'~n' A. Yc~n~)s~, Dir~cto~ ~ ',~ ~.~,~¢~m ~~ S e~ce Approved by: ~ame~:. OeL2ny, ~.E., Administrator, Date: Date: EC 1 6 2003 · ,~ RESOLUTION NO. 2003-__ A RESOLUTION APPROVING SATISFACTION OF LIEN FOR CERTAIN ACCOUNT THAT HAVE PAID IN FULL THE 1991 SOLID WASTE COLLECTION AND DISPOSAL SERVICES SPECIAL ASSESSMENTS WHEREAS, pursuant to Collier County Ordinance No. 90-30, as amended, the Board of County Commissioners on January 26, 1993 adopted Resolution No. 93-29 authorizing the recording of notices of liens for the delinquent solid waste collection and disposal services special assessments for 1991; and ' WHEREAS, Resolution No. 93-29, was recorded on February 1, 1993 in Official Record Book 1793, Pages 459 through 598 of the Official Records of Collier County, Florida, which placed a lien on certain properties for the delinquent solid waste collection and disposal services special assessments for 1991; and WHEREAS, Collier County Ordinance No. 90-30, as amended, requires the Board to approve by Resolution and record in the Official Records a Satisfaction of Lien on all accounts that have been paid in full. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that pursuant to Collier County Ordinance No. 90-30, as amended, the Board recognizes full payment and receipt of the 1991 Service Year Solid Waste Collection and Disposal Special Assessments for the following account numbered below, subsequent to the adoption of Resolution No. 93-29, whereupon a lien had been recorded on real property pertaining to the account identified herein. The Satisfaction of Lien attached hereto referencing the accounts identified herein are hereby approved and the Chairman is hereby authorized to sign on behalf of the Board of County Commissioners, and the Clerk is directed to record this Resolution and this Satisfaction of Lien individually in the official records of Collier County: Account No. 82400 This Resolution adopted this ___ day of ,2003, after motion, second and majority vote ATTEST: DWIGHT E. BROCK, CLERK Approved as to form and c. County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: TOM HENNING, CHAIRMAN I A GENDA ~ T£1'~ ~ DEC 1 6 2003 PG. ~ . This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774- 8400 Property Folio No. 62770720001 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Miyares, Teresa 807 96th Ave N Naples FL 341082465 The Lien was recorded on the 19TM day of September, 1994, in Official Record Book 1986, Pages 766 through 942, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of Ninety Nine Dollars and Seventy Two Cents ($99.72) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, F;c,r,da. described as follows: NAPLES PARK UNIT 5 BLK 61 LOT 29 OR 1368 PG 1982 Folio No. 62770720001 Project No. 60000 ,Account No. 82400 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. J WITNESS WHEREOF. the Board of County Commissioners of Collier County, :orida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this day of · 2O03. ATTEST: DWIGHT E. BROCK, CLERK Approved as to form c~Cy .. R~BE~RT ?~¢~C~A R Y BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: TOM HENNING, CHAIRMAN EXECUTIVE SUMMARY. ADOPT A RESOLUTION APPROVING THE SATISFACTION OF LIEN FOR A SOLID WASTE RESlDENTI.AL ACCOUNT WHEREIN THE COUNTY HAS RECEIVED PAYMENT AND SAID LIEN IS SATISFIED IN FULL FOR THE 1992 SOLID WASTE COLLECTION AND DISPOSAL SERVICES SPECIAL ASSESSMENT. FISCAL IMPACT IS $12.00 TO RECORD LIEN. OBJECTIVE: Adopt a Resolution approving the Satisfaction of Lien for residential account where the County has received payment in full for the 1992 Solid Waste Collection Services Special Assessment. CONSIDERATIONS: Resolution No. 94-668 adopted by the Board on September 13, 1994 provided for the recording of the list of 1992 delinquent solid waste collection and disposal services special assessment and a mailing of a written notice of the imposition of each residential unit lien. Resolution No. 94-668 was recorded on September 19, 1994 in Official Record Book 1986, Pages 766 through 942 of the Official Records of Collier County, Florida, which placed a lien on certain residential properties for the 1992 Solid Waste Collection Services Special Assessment. Collier County Ordinance No. 90-30, as amended, provides that Satisfaction of Lien shall be approved by Resolution. The attached Resolution lists the one account that has been paid in full for the 1992 Solid Waste Collection Services Special Assessment Lien. FISCAL IMPACT: The fiscal impact for recording the Satisfaction of Lien and the Resolution is approximately $12.00, which is to be charged to County Water/Sewer Operating Fund (408). GROWTH MANAGEMENT associated with this item. IMPACT: There is no Growth Management impact RECOMMENDATION: That the Board of County Commissioners adopt the attached Resolution approving the one Satisfaction of Lien on the account listed in the Resolution and authorizing the Chairman to sign this one Satisfaction of Lien for the 1992 Solid Waste Collection Services Special Assessment Lien. DEC 1 6 2003 PG. / 'Pam Callis,~e/venue Supervisor Utility Bi~g and Customer Service Reviewed by: ./'~*, ~'/~'~-'~. T~r~sa A. Riesen, Revenue Manager and Customer Service Reviewed b'y~ 'Jo Service Approved by: _,,-~ //Jaml Administrator i.~ Utll~t~es,.~ws~on Date: Date: Date: Date: AG£ ~40A IT£N NO. /~ ~ DEC 1 6 2003 RESOLUTION NO. 2003 - __ A RESOLUTION APPROVING SATISFACTION OF LIENS FOR CERTAIN ACCOUNTS THAT HAVE PAID IN FULL THE 1992 SOLID WASTE COLLECTION AND DISPOSAL SERVICES SPECIAL ASSESSMENTS WHEREAS, pursuant to Collier County Ordinance No. 90-30, as amended, the Board of County Commissioners on September 19, 1994 adopted Resolution No. 94-668 authorizing the recording of notices of liens for the delinquent solid waste collection and disposal services special assessments for 1992; and WHEREAS, Collier County Ordinance No. 90-30, as amended, requires the Board to approve by Resolution and record in the Official Records a Satisfaction of Lien on all accounts that have been paid in full. NOW, THEREFORE, BE IT 'RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that pursuant to Collier County Ordinance No. 90-30, as amended, the Board recognizes full payment and receipt of the 1992 Service Year Solid Waste Collection and Disposal Special Assessment for the following accounts numbered below, subsequent to the adoption of Resolution No. 94-668, whereupon a lien had been recorded on real property pertaining to the accounts identified herein. The Satisfactions of Lien attached hereto referencing the accounts identified herein are hereby approved and the Chairman is hereby auti~c,ized to sign on behalf of the Board of County Commissioners, and the Clerk is directed to record this Resolution and these Satisfactions of Lien individually in the official records of Collier County: Account No. 119852 This Resolution adopted this __ second and majority vote. day of ,2003, after motion, ATTEST: DWIGHT E. BROCK, CLERK Approved as to form and ~¢"David C. Welgel County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: TOM HENNING, CHAIRMAN AGENDA [T£1~ . · BEC 1 6 2003 __~_G :..-_ - -~-- -: This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774- 8400 Property Folio No. 62770720001 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Miyares, Teresa 807 96th Ave N ".,faples, FI 339630000 The Lien was recorded on the 19th day of September 1994, in Official Record Book 1986, Pages 766 through 942, in the Office of the Clerk of the Circuit Court of Collier County. State of Florida. The Lien secures the principal sum of One Hundred Dollars ~,~,:i Saver~ty Four Cents ($100.74) plus accrued interest and penalties, if any. and imposes certain obligations against real property situated in Collier County. Florida, described as follows: NAPLES PARK UNIT5 BLK 61 LOT29 OR 1368 PG 1982 Folio No. 62770720001 PROJECT NO. 61000 Account No. 119852 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of pa~,ment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. ,N WITNESS WHEREOF. the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien. by action of the Board this day of 2003. -' A'I-rEST: DWIGHT E. BROCK, CLERK Approved as to form a~./icie ncy RO BERT/'~A'~IARY BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: TOM HENNING, CHAIRMAN NO. /~ DEC I 6 2O03 EXECUTIVE SUMMARY,. ADOPT A RESOLUTION APPROVING THE SATISFACTION OF LIEN FOR A SOLID WASTE RESIDENTIAL ACCOUNT WHEREIN THE COUNTY HAS RECEIVED PAYMENT AND SAID LIEN IS SATISFIED IN FULL FOR THE 1993 SOLID WASTE COLLECTION AND DISPOSAL SERVICES SPECIAL ASSESSMENT. FISCAL IMPACT IS $12.00 TO RECORD THE LIEN. OBJECTIVE: Adopt a Resolution approving the Satisfaction of Lien for residential account where the County has received payment in full for the 1993 Solid Waste Collection Services Special Assessment. CONSIDERATIONS: Resolution No. 94-694 adopted by the Board on September 20, 1994 provided for the recording of the list of 1993 delinquent solid waste collection and disposal services special assessment and a mailing of a written notice of the imposition of each residential unit lien. Resolution No. 94-694 was recorded on September 22, 1994 in Official Record Book 1987, Pages 1514 through 1749 of the Official Records of Collier County, Florida, which placed a lien or ,?~.rtain residential properties for the 1993 Solid Waste Collection Services Special Assessment. Collier County Ordinance No. 90-30, as amended, provides that Satisfaction of Lien shall be approved by Resolution. The attached Resolution lists the one account that has been paid in full for the 1993 Solid Waste Collection Services Special Assessment Lien. FISCAL IMPACT: The fiscal Resolution is approximately Operating Fund (408). impact for recording the Satisfaction of Lien and the $12.00, which is to be charged to County Water/Sewer GROWTH MANAGEMENT IMPACT: There is no Growth Management impact associated with this item. RECOMMENDATION: That the Board of County Commissioners adopt the attached Resolution approving the one Satisfaction of Lien for the account listed in the Resolution and authorizing the Chairman to sign the one Satisfaction of Lien for the 1993 Solid Waste Collection Services Special Assessment Lien. ~o. / 4, DEC 1 6 2003 -Pam Call~, Rev/en'ue Supervisor Utifity I~11ing and Customer Service Reviewed by: T'~esa A. Riesen, Revenue Manager and Customer Service Reviewed b,y'~ · ;ervice Approved by~ Administrator, (~.~c UtflR~es Date: 1/~ ~.~'~' Date: BEC I 6/.~3 RESOLUTION NO. 2003- __ A RESOLUTION APPROVING SATISFACTION OF LIENS FOR CERTAIN ACCOUNTS THAT HAVE PAID IN FULL THE 1993 SOLID WASTE COLLECTION AND DISPOSAL SERVICES SPECIAL ASSESSMENTS WHEREAS, pursuant to Collier County Ordinance No. 90-30, as amended, the Board of County Commissioners on September 20, 1994 adopted Resolution No. 94-694 authorizing the recording of notices of liens for the delinquent solid waste collection and disposal services special assessments for 1993; and WHEREAS, Collier County Ordinance No. 90-30, as amended, requires the Board to approve by Resolution and record in the Official Records a Satisfactions of Lien on all accounts that have been paid in full. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that pursuant to Collier County Ordinance No. 90-30, as amended, the Board recognizes full payment and receipt of the 1993 Service Year Solid Waste Collection and Disposal Special Assessment for the following accounts numbered below, subsequent to the adoption of Resolution No. 94-694, whereupon a lien had been recorded on real property pertaining to the accounts identified herein. The Satisfactions of Lien attached hereto referencing the accounts identified herein are hereby approved and the Chairman is hereby authorized to sign on behalf of the Board of County Commissioners, and the Clerk is directed to record this Resolution and these Satisfactions of Lien individually in the officia~ records of Collier County Account No. 23838 This Resolution adopted this ___ day of second and majority vote. ATTEST: DWIGHT E. BROCK, CLERK Approved as to form and .~&- ~Da~vi~ C.~e,~ge, County Attorney , 2003, after motion, BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: TOM HENNING, CHAIRMAN This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Tra~l Naples, Florida 34112 (941) 774-8400 Property Folio No. 62770720001 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Miyares, Teresa 807 96th Ave N ~l.-~ples, FI 339630000 The Lien was recorded on the 22nd day of September 1994, in Official Record Book 1987, Pages 1514 through 1749, in the Office of the Clerk of the Circuit Coud of Collier County State of Florida. The Lien secures the principal sum of One Hundred Dollars ;~:~d Seventy Four Cents ($100.74) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County. Florida, described as follows: NAPLES PARK UNlT5 BLK61 LOT 29 OR 1368 PG ,'2 Folio No. 62770720001 Project No. 63000 Account No. 23838 Collier County, a political subdivision of the St'ate of Florida, hereby acknowledges receipt o¢ payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. N WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien. b,/~ctio,q of the Board this __ day of ., 2003. A-I-rEST: DWIGHT E. BROCK. CLERK Approved as to form and legal sufficiency BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By:. TOM HENNING, CHAIRMAN AGE.NOA ITEN ~ NO. /C, ~-- ~ DEC I 6 003 EXECUTIVE SUMMARY ADOPT A RESOLUTION APPROVING THE SATISFACTION OF LIEN FOR A SOLID WASTE RESIDENTIAL ACCOUNT WHEREIN THE COUNTY HAS RECEIVED PAYMENT AND SAID LIEN IS SATISFIED IN FULL FOR THE 1994 SOLID WASTE COLLECTION AND DISPOSAL SERVICES SPECIAL ASSESSMENT. FISCAL IMPACT IS $12.00 TO RECORD LIEN. OBJECTIVE: Adopt a Resolution approving the Satisfaction of Lien for residential account where the County has received payment in full for the 1994 Solid Waste Collection Services Special Assessment. CONSIDERATIONS: Resolution No. 95-475 adopted by the Board on August 22, 1995 provided for the recording of the list of 1994 delinquent solid waste collection and disposal services special assessment and a mailing of a written notice of the imposition of each residential unit lien. Resolution No. 95-47'5 was recorded on September 14, 1995 in Official Record Book 2099, Pages 1338 through 1574 of the Official Records of Collier County, Florida, which placed a lien on cedain residential properties for the 1994 Solid Waste Collection Services Special Assessment. Collier County Ordinance No. 90-30, as amended, provides the Satisfaction of Lien shall be approved by Resolution. The attached Resolution lists the one account that has been paid in full for the 1994 Solid Waste Collection Services Special Assessment Lien. FISCAL IMPACT: The fiscal impact for recording the Satisfaction of Lien and the Resolution is approximately $12.00, which is to be charged to County Water/Sewer Operating Fund (408). GROWTH MANAGEMENT IMPACT: There is no Growth Management impact associated with this item. RECOMMENDATION: That the Board of County Commissioners adopt the attached Resolution approving the one Satisfaction of Lien for the account listed in the Resolution and authorizing the Chairman to sign the one Satisfaction of Lien for the 1994 Solid Waste Collection Services Special Assessment Lien. DEC 1 6 2O03 P6. I-'am C~r..is, R,c~e~e Supervisor Utility~illing and Customer Service Reviewed Teresa A. Riesen, Revenue Manager aha Customer U~,~t_~illing~ \` ~, _~_~ ~ervice by:~ Utili't¢~~ Service Approved by: ~ W. DeLony, P. Administrator Jtilities Division Date: DEC I 6 2003 PG. ~ RESOLUTION NO. 2003- A RESOLUTION APPROVING SATISFACTION OF LIENS FOR CERTAIN ACCOUNTS THAT HAVE PAID IN FULL THE 1994 SOLID WASTE COLLECTION AND DISPOSAL SERVICES SPECIAL ASSESSMENTS. WHEREAS, pursuant to Collier County Ordinance No. 90-30, as amended, the Board of County Commissioners on August 22, 1995 adopted Resolution No. 95-475 authorizing the recording of notices of liens for the delinquent solid waste collection and disposal services special assessments for 1994; and WHEREAS, Collier County Ordinance No. 90-30, as amended, requires the Board to approve by Resolution and record in the Official Records a Satisfaction of Lien on all accounts that have been paid in full. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that pursuant to Collier County Ordinance No. 90-30, as amended, the Board recognizes full payment and receipt of the 1994 Service Year Solid Waste Collection and Disposal Special Assessment for the following account numbered below, subsequent to the adoption of Resolution No. 95-475, whereupon a lien had been recorded on real property pertaining to the account identified herein. The Satisfaction of Lien attached hereto referencing the account identified herein are hereby approved and the Chairman is hereby authorized to sign on behalf of the Board of County Commissioners, and the Clerk is directed to record this Resolution and this Satisfaction of Lien individually in the official records of Collier County: Account No. 22392 This Resolution adopted this __ second and majority vote. ATTEST: DWIGHT E. BROCK, CLERK day of , 2003, after motion, BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Approved as to form and cy: County Attorney BY: TOM HENNING, CHAIRMAN DEC 1 6 2003 This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 Property Folio No: 62770720001 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Miyares, Teresa 807 96th Ave N Naples, FI 339630000 The Lien was recorded on the 14TM day of September 1995, in Official Record Book 2099, Pages 1338 through 1574, in the Office of the Clerk of the Circuit Court of Collier County. State of Florida. The Lien secures the principal sum of One Hundred Four Dotlars And Thirty Seven Cents (104.37), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: NAPLES PARK UNIT 5 BLK 61 LOT 29 OR 1368 PG 1982 Folio No. 62770720001 Project No. 64000 Account No. 22392 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, tile 8oa~d of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien. by action of the Board this day of ,2003. ATTEST: DWIGHT E. BROCK. CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Approved as to form ncy By TOM HENNING, CHAIRMAN AG£NOA N0. / G ¢-. ~(,, DEC 1 6 2003 PG.__ ~ EXECUTIVE SUMMARY ADOPT A RESOLUTION APPROVING THE SATISFACTION OF LIEN FOR A SOLID WASTE RESIDENTIAL ACCOUNT WHEREIN THE COUNTY HAS RECEIVED PAYMENT AND SAID LIEN IS SATISFIED IN FULL FOR THE 1995 SOLID WASTE COLLECTION AND DISPOSAL SERVICES SPECIAL ASSESSMENT. FISCAL IMPACT IS $12.00 TO RECORD THE LIEN. OBJECTIVE: Adopt a Resolution approving the Satisfaction of account where the County has received payment in full for the Collection Services Special Assessment. Lien for residential 1995 Solid Waste CONSIDERATIONS: Resolution No. 2000-236 adopted by the Board on August 1, 2000 provided for the recording of the list of 1995 delinquent solid waste collection and disposal services special assessment and a mailing of a written notice of the imposition of each residential unit lien. Resolution No. 2000-236 was recorded on August 8, 2000 in Official Record Book 2707, Pages 3195 through 3273 of the Official Records of Collier County, Florida, which placed a lien on certain residential propedies for the 1995 Solid Waste Collection Services Special Assessment. Collier County Ordinance No. 90-30, as amended, provides the Satisfaction of Lien shall be approved by Resolution. The attached Resolution lists the one account that has paid in full for the 1995 Solid Waste Collection Services Special Assessment Lien. FISCAL IMPACT: The fiscal impact for recording the Satisfactions of Lien and the Resolution is approximately $12.00, which is to be charged to County Water/Sewer Operating Fund (408). GROWTH MANAGEMENT IMPACT: There is no Growth Management impact associated with this item. RECOMMENDATION: That the Board of County Commissioners adopt the attached Resolution approving the one Satisfaction of Lien for the account listed in the Resolution and authorizing the Chairman to sign the one Satisfaction of Lien for the 1995 Solid Waste Collection Services Special Assessment Lien. ~o. /& ~"' ~7,, DEC 1 6 2003 PG. Pam Cal.~, Revenue Supervisor Utility .Bi'lling and Customer Service Reviewed by: //~/~¢~,.~ / ~-~~~ 't/6're'sa A. F~iesen, Revenue Manager Utility Billing and Custorr~r~Service ( Reviewed by: (~(~,~.~'~~"~~ Joi~¢ \A. Yonkos~, irOn,or / Utilit~ A,Billing~~~to er Service Approved by:~~~ ,,,~'~am~,s W. DeLony/C.E., Administrator 12 Utilities Division Date: //.///~ ¢~..~ Date: Date: ,/~--~ AGE NDA ! / C 1 6 200.t RESOLUTION NO. 2003- A RESOLUTION APPROVING SATISFACTION OF LIENS FOR CERTAIN ACCOUNTS THAT HAVE PAID IN FULL THE 1995 SOLID WASTE COLLECTION AND DISPOSAL SERVICES SPECIAL ASSESSMENTS WHEREAS, pursuant to Collier County Ordinance No. 90-30, as amended, the Board of County Commissioners on August 1, 2000 adopted Resolution No. 2000-236 authorizing the recording of notices of liens for the delinquent solid waste collection and disposal services special assessments for 1995; and WHEREAS, Resolution No. 2000-236, was recorded on August 8, 2000 in Official Record Book 2707, Pages 3195 through 3273 of the Official Records of Collier County, Florida, which placed a lien on certain properties for the delinquent solid waste collection and disposal services special assessments for 1995; and WHEREAS, Collier County Ordinance No. 90-30, as amended, requires the Board to approve by Resolution and record in the Official Records a Satisfaction of Liens on all accounts that have been paid in full. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISIONERS OF COLLIER COUNTY, FLORIDA, that pursuant to Collier County Ordinance 90-30, ,s amended the Board recognizes full payment and receipt of the 1995 Service Year Solid Waste Collection and Disposal Special Assessments for the following accounts numbered below, subsequent to the adoption of Resolution No. 2000-236, whereupon a lien had been recorded on real property pertaining to the accounts identified herein. The Satisfactions of Lien attached hereto referencing the accounts identified herein are hereby approved and the Chairman is hereby authorized to sign on behalf of the Board of County Commissioners, and the Clerk is directed to record this Resolution and these Satisfactions of Lien individually in the official records of Collier County: Account No. 23605 This Resolution adopted this day of 2003, after motion, second and majority vote. ATTEST: DWIGHT E. BROCK, CLERK Approved as to form and / /4 County Attorney BOARD OF COMMISSIONERS COLLIER COUNTY, FLORIDA BY: TOM HENNING, CHAIRMAN DEC 1 6 OO3 This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County A~.[orney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 Property Folio No. 62770720001 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: .Mivares, Teresa 807 96~h Ave N Naples, FL 341082465 The Lien was recorded on the 8th day of August 2000, in Official Record Book 2707, Pages 3195 th-s~gi~ 3273, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Two Dollars a¢~,d Eighty Nine Cents ($102.89), plus accrued interest and penalties, if any. and imposes certain obligations against real property situated in Collier County, Ficrida, des¢ ~.d as follows: NAPLES PARK UNIT 5 BLK 61 LOT 29 OR 1368 PG 1982 Folio No. 62770720001 Project No. 65000 Account No. 23605 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. .,*,1 WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this day of ., 2003. ATTEST: DWIGHT E. BROCK, CLERK Approved as to form and legal sufficiency BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: TOM HENNING, CHAIRMAN 0E£ 1 6 2003 , PG. ¢ EXECUTIVE SUMMARY ADOPT A RESOLUTION APPROVING THE SATISFACTION OF LIEN FOR A SOLID WASTE RESIDENTIAL ACCOUNT WHEREIN THE COUNTY HAS RECEIVED PAYMENT AND SAID LIEN IS SATISFIED IN FULL FOR THE 1996 SOLID WASTE COLLECTION AND DISPOSAL SERVICES SPECIAL ASSESSMENT. FISCAL IMPACT IS $12.00 TO RECORD LIEN. OBJECTIVE: Adopt a Resolution approving the Satisfaction of Lien for residential account where the County has received payment in full for the 1996 Solid Waste Collection Services Special Assessment. CONSIDERATIONS: Resolution No. 20-237 adopted by the Board on August 8, 2000 provided for the recording of the list of 1996 delinquent solid waste collection and disposal services special assessment and a mailing of a written notice of the imposition of each residential unit lien. Resolution No. 20-237 was recorded on August 8, 2000 in Official Record Book 2708, Pages 0199 through 0309 of the Official Records of Collier County, Florida, which placed a lien on certain residential properties for the 1996 Solid Waste Collection Services Special Assessment. Collier County Ordinance No. 90-30, as amended, provides the Satisfaction of Lien shall be approved by Resolution. The attached Resolution lists the one account that has paid in full for the 1996 Solid Waste Collection Services Special Assessment Lien. FISCAL IMPACT: The fiscal impact for recording the Satisfaction of Lien and the Resolution is approximately $12.00, which is to be charged to County Water/Sewer Operating Fund (408). GROWTH MANAGEMENT IMPACT: There is no Growth Management impact associated with this item. RECOMMENDATION: That the Board of County Commissioners adopt the attached Resolution approving the one Satisfaction of Lien for the account listed in the Resolution and authorizing the Chairman to sign the one Satisfaction of Lien for the 1996 Solid Waste Collection Services Special Assessment Lien. AGENDA ITEM ~ DEC 1 6 2003 PC-,. ~ . Pam'C/atlls, RevenUe Supervisor Utility/Billing an.~ Customer...Service Tbresa A~Rie~s'en, Revenue Manager//~ ~ Reviewedby: .~ -- Utility Billing and Customer Service Reviewed by' ~'"'~:~~re ct~~ ' Jo(h'~f~ A. Yonk~osk'~, Direct~_ Approved by~j~m~e ~. D~L_ony, .~.E.,Administrator Utilities Div'(sion Date: ////~/'~ Date: /~¢ '~ E¢ ! 6 ~003 RESOLUTION NO. 2003- A RESOLUTION APPROVING SATISFACTION OF LIENS FOR CERTAIN ACCOUNTS THAT HAVE PAID IN FULL THE 1996 SOLID WASTE COLLECTION AND DISPOSAL SERVICES SPECIAL ASSESSMENTS WHEREAS, pursuant to Collier County Ordinance No. 90-30, as amended, the Board of County Commissioners on August 1, 2000 adopted Resolution No. 2000-237 authorizing the recording of notices of liens for the delinquent solid waste collection and disposal services special assessment3 for 1996; and WHEREAS, Resolution No. 2000-237, was recorded on August 8, 2000 in Official Record Book 2708, Pages 0199 through 0309 of the Official Records of Collier County, Florida, which placed a lien on certain properties for the delinquent solid waste collection and disposal services special assessments for 1996; and WHEREAS, Collier County Ordinance No. 90-30, as amended, requires the Board to approve by Resolution and record in Official Records a Satisfaction of Liens on all accounts that have been paid in full. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISIONERS OF COLLIER COUNTY, FLORIDA, that pursuant to Collier County Ordinance No. 90-30, as amended the Board recognizes full payment and receipt of the 1996 Service Year Solid Waste Collection and Disposal Special Assessments for the following account numbered below, subsequent to the adoption of Resolution No. 2000- 237, whereupon a lien had been recorded on real property pertaining to the accounts identified herein. The Satisfactions of Lien attached hereto referencing the accounts identified herein are hereby approved and the Chairman is hereby authorized to sign on behalf of the Board of County Commissioners, and the Clerk is directed to record this Resolution and these Satisfactions of Lien individually in the official records of Collier County: Account No. 26042 This Resolution adopted after this __day of ,2003 after motion, second and majority vote. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COMMISSIONERS COLLIER COUNTY, FLORIDA BY: TOM HENNING, CHAIRMAN Approved as to form and legal sufficiency: This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 Property Folio No. 62770720001 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Miyares, Teresa 807 96~ Ave N Naples, FI 341082465 The Lien was recorded on the 8'H day of August 2000, in Official Record Book 2708, Pages 0199 through 0309, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Four Dollars and Thirteen Cents ($104.13) plus accrued interest and penalties, if any, and ~mposes certain obligations against real property situated in Collier County, Florida. described as follows: NAPLES PARK UNIT 5 BLK 61 LOT 29 OR 1368 PG 1982 Folio No. 62770720001 Project No. 66000 Account No. 26042 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. 4 WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien. by action of the Board this __ day of 2003. A'FI'EST: DWIGHT E. BROCK, CLERK Approved as to form and legal sufficiency ROI~E RCZA4~'H,~,Ry BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: TOM HENNING, CHAIRMAN AGENDA ~o. /~ DEC I 6 2003 EXECUTIVE SUMMARY RECOMMENDATION TO APPROVE THE SOLE SOURCE PURCHASE OF CARTRIDGE FILERS FROM GEORGE S. EDWARDS COMPANY INCORPORATED IN THE AMOUNT OF $164,000 OBJECTIVE: That the Board of County Commissioners, Ex-Officio the Governing Board of the Collier County Water-Sewer District approve the sole source purchase of Cuno Betapure cartridge filters from George S. Edwards Company Incorporated for the North County Regional Water Treatment Plant. CONSIDERATION: The North County Regional Water Treatment Plant (NCRWTP) utilizes cartridge filtration as pretreatment to the membrane filtration process. This critical process serves to protect the membrane filters from [>articulate matter contained in the feed water stream. Over the last ten years, various cartridge filters from other manufacturers have been field tested at the NCRWTP. This testing has demonstrated that other brands of cartridge filters have caused process related problems. The prime difference between the different brands of filters is the varying density throughout the filter. Other brands of filters allow particulate matter to penetrate the filter and get trapped below the surface. While utilizing filters from other manufacturers, the NCRWTP experienced bypass resulting in particulate matter passing through the filters, causing plugging or fouling of the membrane filters. The Cuno Betapure filters that are in serv'ice maintain the same density throughout the filter. This allows particulate matter to collect on the surface of the filter, thereby reducing the risk of bypass. Additionally, other brands of filters have a tendency to flex or bend due to normal fluctuations in feed water pressure. This condition results in bypass of particulate matter at the ends of the filters, lhe Cuno Betapure filters have a greater density, thereby reducing the risk of bypass as a result of flexing or bending. The Cuno Betapure filters have proven to be a reliable product toward maintaining a consistent treatment process at the North County Regional Water Treatment Plant. Ihe sole distributor for the State of Florida is George S. Edwards Company. FISCAL IMPACT: Fiscal impact of the purchase of these filters will be in the amount of $164,000 for four complete sets of replacement filters during the 2003/2004 FY. Funds are available in the North Water Plant budget - County Water/Sewer Fund (408). GROWTH MANAGEMENT IMPACT: There is no growth management impact related to the approval of this sole source purchase of cartridge filters. Executive Summary Approve Purchase Page 2 RECOMMENDATION: That the Board of County Commissioners, Ex-Officio, the Governing Board of the Collier County Water-Sewer District approve the sole source purchase of Cuno Betapure cartridge filters from George S. Edwards Company for the North County Regional Water Treatment Plant· SUBMITTED BY:~r_~I~-~ ~~-~' Steve Messner, Plant Superintendent Date: REVEIWED BY: usch, Director, Wate Department Date: · 'Steve (~arne~ .;r~ Director APPROVED BY: ~ :Z-/~'~'~--- Date: W. DeLonv, PE., PTic Utilities DMsion Administrator EXECUTIVE SUMMARY APPROVE A BUDGET AMENDMENT FOR COUNTY-WIDE PROJECT 90527, IN THE AMOUNT OF $425,000 SAND SEARCH, OBJECTIVE: To obtain Board of County Commissioners (BCC) approval of a budget amendment in the amount of $425,000. CONSIDERATIONS: The Coastal Advisory Committee (CAC) has recommended the fast- tracking of the next major beach renourishment project originally projected for 2006. The last major renourishment, completed in May 1996, had an anticipated life of eight to ten years. However, the entire project was not constructed due to time constraints. Annual monitoring reports indicate that the beach has eroded beyond the design minimum and therefore renourishment is needed. In order to work toward a goal of renourishing as soon as possible, Coastal Planning & Engineering (CP&E) has been working on a sand search as well as designing the renourishment construction plans. The joint coastal permit application was approved by the BCC on October 28, 2003 with construction planned to start in November 2004. Due to the large equipment that will need to be mobilized, construction contract award is scheduled for the summer of 2004. On November 10, 2003, an updated budget estimate was received from CP&E raising the total engineering services from $1,235,000 to $1,658,171. Work orders have been issued to CP&E in the total amount of $1,155,168 and there are currently two work order proposals for another $150,000 which would bring the total to $1,305,168; this is $70,168 over the current budget. The original estimate xvas for renourishment of the 1996 project area and the project length has increased by 60% (for permit purposes only), which increased the amount of hard-bottom investigation and requires the establishment of an Erosion Control Line in areas not previously filled. Florida Department of Environmental Protection permit requirements are constantly evolving, which increase the amount and detail for investigations of hfird-bottom, shore birds and sand sources, changing previous standards significantly. The results of the borroxv area investigation showed that a rock disposal area will be necessary for permit approval. The inclusion of a borrow area within federal jurisdiction requires the completion of an Environmental Assessment for the U.S. Minerals Management Service. A budget amendment of $425,000 is proposed to increase the budget from $1,235,000 to $1,660,000. The Board of County Commissioners approved a contract with the Florida Department of Environmental Protection (FDEP) on December 11, 2001, Agenda Item 16.C.18, for reimbursement of up to $1,285,040 for beach-related projects. On October 28, 2003, Agenda Item 16.C.4, a contract amendment was approved increasing the amount to a total of $1,638,755 and adjusting the amounts designated for each project. A total of $552,909 has been designated for the ongoing County-wide Sand Search project based on a project budget of $1,235,000 (50% of 89.54%, the portion that meets the state public accessibility guidelines). A request will be DEC 18 2003 submitted to FDEP to increase their budget for this project to a new total of $743,182 based on the same cost-share percentage. The Coastal Advisory Committee recommended approval at their meeting on December 11, 2003. The Tourist Develop~nent Council recommended approval at their meeting on November 24, 2003. FISCAL IMPACT: The source of funds is Tourist Development Taxes. GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan related to this action. RECOMMENDATION: That the Board of County Commissioners approve a budget amendment in the amount of $425,000. SUBMITTED BY: Date: ----Ron Manager ~y N~ndef~, P.~ P6blic Utilities Enginee~ng Director W. D~Lony, ~/Public Utilities Administrator DEC I 6 EXECUTIVE SUMMARY APPROVE A WORK ORDER, UNDER CONTRACT # 01-3271, FIXED TERM PROFESSIONAL ENGINEERING SERVICES FOR COASTAL ZONE MANAGEMENT PROJECTS, WITll COASTAL PLANNING & ENGINEERING FOR RESPONDING TO PERMIT AGENCY COMMENTS AND REQUESTS FOR INFORMATION AS PART OF COUNTY-WIDE SAND SEARCH, PROJECT 90527, NOT TO EXCEED $100,000 OBJECTIVE: To obtain Board of County Commissioners (BCC) approval of a work order with Coastal Planning & Engineering to respond to permit agency comments and requests for information based on time and materials estimate not to exceed $100,000. CONSIDERATIONS: A Request for Proposal (RFP) 01-3271 was issued on July 25, 2001 for qualified firms capable of providing engineering services for coastal zone management projects. The scope of the RFP was "for the purpose of establishing a two (2) year contract with two (2), one-year renewal options with up to three (3) firms". On October 9, 2001, Agenda Item 16.C.2, the BCC approved the short list of firms, fi'om nine proposals, as follows: Humiston & Moore Engineers, Coastal Planning and Engineering (CP&E) and Taylor Engineering. On May 14, 2002, Agenda Item 16.C.4, the BCC approved the County-Wide Sand Search project with a budget of $600,000. This budget was again approved on September 18, 2002 as part of the total County budget On November 5, 2002, Agenda Item 16.C.20, the BCC approved an additional $635,000. On October 10, 2002, the Coastal Advisory Committee (CAC) unanimously recommended that the sand search be "fast-tracked" with a goal of accelerating the planned major re-nourishment of Vanderbilt, Park Shore and Naples beaches tt) :he winter of 2003/2004. CP&E has submitted a time and materials estimate in the amount of $100,000 to respond to permit agency comments and requests for additional information. The cumulative value of all work orders related to the sand search and major re-nourishment is currently $1,155,168. Future phase work orders will also be taken to the BCC for approval. On November 13, 2003, the CAC recommended approval of this work order. On November 24, 2003, the Tourist Development Council recommended approval of this work order. FISCAL IMPACT: The funding for this work order is available from the remaining $919,203 of the project budget. The source of funds is the Tourist Development Tax. GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan related to this action. RECOMMENDATION: That the Board of County Commissioners approve a time and materials work order with Coastal Planning & Engineering for $100,000 and authorize the Public Utilities Administrator to execute the work order. i SUBMITTED BY: REVIEWED BY: W. P.E., _ mes DeLony, Pubic ~ox ell, P E, Specml Projects Manaoer RoD ' ~ · " ' ' '* Roy B.'Anderson, P.E., l~ublic Utilities Engineering Director eral Services Director Utilities Administrator Permit Comment and Response Phase Collier County Renourishment Project Scope of Services and Fee Proposal This is a scope of services to respond to permit agency comments and requests for information on the Collier County permit application. Before the agencies are satisfied with the permit application and the project conditions, they will request additional information to clarify the project description, its potential impacts, and measures to cc~atrol or minimize the impacts. This process of comment and response continues until the agencies are satisfied and issue a permit. This process includes the preparation of short plans required for permit approval. The plans include a physical monitoring plan, biological monitoring plan, shorebird monitoring plan, fill sand quality control plan, and other plans as designated by permit agencies. These plans and more may be required in satisfaction of agency requirements. Responses to agencies' comments may also require new field investigations and laboratory analysis. This proposal covers moderate efforts in this category. This ~vould include additional diver and site investigations accompanying agency inspectors, additional laboratory analysis of sediment or marine samples, specific engineering analysis requested by agencies, and research into potential impacts and agency concerns caused by the project. In addition, this proposal covers meetings xvith the agencies at a location of their choosing or funding of agency visits to the local site when agency budgets are limited. Creating and updating permit sketches and other project draxvings will occur during the comment and response cycle. Agencies' representatives may need assistance in preparing their required reports, such as Biological Opinion for U.S. Fish and Wildlife Service. Typically, the State FDEP, in conjunction with FWC goes through t~vo to ttzree comment/response cycles, while the Federal agencies issue less frequent comments but address issues in a more piecemeal manner. The Collier County renourishment project has a history which will lead to detailed questions about sand quality, construction methods, and potential impacts to nearshore natural resources. Thc scope of this proposal is expected to address concerns of the agencies to the extent that additional research, investigation, laboratory analysis, and engineering calculations is moderate. The fee for this scope of work will be hourly, not to exceed $100,000. FS,CPEX_ProposalsX, Collier~Permit Comment and Response Phase.doc AC,~ NOA ITEM DEC 1 6 2003 EXECUTIVE SUMMARY APPROVE A WORK ORDER, UNDER CONTRACT # 01-3271, FIXED TERM PROFESSIONAL ENGINEERING SERVICES FOR COASTAL ZONE MANAGEMENT PROJECTS, WITH COASTAL PLANNING & ENGINEERING FOR AN ENVIRONMENTAL ASSESSMENT IN SUPPORT OF A LEASE AGREEMENT WITH THE U.S. MINERALS MANAGEMENT SERVICE AS PART OF COUNTY-WIDE SAND SEARCH, PROJECT 90527, NOT TO EXCEED $50,000 OBJECTIVE: To obtain services work order with Assessment in support of a Board of County Commissioners approval of a $50,000 engineering Coastal Planning & Engineering for conducting an Environmental lease agreement with the U.S. Minerals Management Service. CONSIDERATIONS: A Request for Proposal (RFP) 01-3271 was issued on July 25, 2001 for qualified firms capable of providing engineering services for coastal zone management projects. The scope of the RFP was "for the purpose of establishing a two (2) year contract with two (2), one-year renewal' options with up to three (3) firms". On October 9, 2001, Agenda Item 16.C.2, the Board of County Commissioners (BCC) approved the short list of firms, from nine proposals, as follows: Humiston & Moore Engineers, Coastal Planning and Engineering (CPE) and Taylor Engineering. On Mav 14, 2002, Agenda Item 16.C.4, the BCC approved the County-Wide Sand Search project (vith a budget of $600,000. This budget was again approved on September 18, 2002 as part of the total County budget. On November 5, 2002, Agenda Item 16.C.20, the BCC approved an additional $635,000. On October 10, 2002, the Coastal Advisory Committee unanimously recommended that the sand search be "fast-tracked" with a goal of ttccelerating the planned major re-nourishment of Vanderbilt, Park Shore and Naples beaches to the winter of 2003/2004. CPE has submitted a proposal in tine amount of $50,000 for conducting an Environmental Assessment as required by the U.S. Minerals Management Service. While this proposal does not exceed the $90,000 limit of the fixed term contract, the cumulative value of all work orders related to the sand search and major re-nourishment is currently $1,155,168. On November 13, 2003, the Coastal Advisory Committee recommended the approval of this work order. On November 24, 2003, the Tourist Development Council recommended approval of this work order. FISCAL IMPACT: The funding for this work order will be available from the project budget upon approval of a budget amendment that is the subject of separate action. The source of funds is the Tourist Development Tax. GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan related to this action. RECOMMENDATION: That the Bo-'.trd of County Commissioners approve a work order with Coastal Planning & Engineering not to exceed $50,000 and authorize the Public.: Utilit~v.-',~ Administrator to conclude negotiations and execute the work order up to that amount. _. P6. _ / ,. SUBMITTED BY: REVIEWED B Y: Ron Hovell, P.E., Special Projects Manager Roy B. Anderson, P.E., Public Utilities Engineering Director REVIEWEDB : ,Xsr _~ . jxj , ' Stephen ;f. Carnell, Purc~eneral Services Director APPROVED I:Y' ~ r./,-) ~ .... ~ _x ames W. DeLony, P,E., P~l'blic Utilities Administrato Preparation of Environmental Assessment for Minerals Management Service Collier County Renourishment Project Scope of Services and Fee Proposal The Minerals Management Service requires that an environmental assessment be prepared as a prerequisite for a lease for use of a borrow area within the Federal waters of the United States. The environmental assessment will be similar to the one prepared for Holly Beach to Constance Beach Segmented Breakwater Enhancement and Sand Management Project, Louisiana dated March 2002. The preparation of the EA xvill include new work and summarize work previously performed for the Collier County renourishment project. The previous work will include the cultural resources investigation now underway as part of the sand search and reformatting the environmental information from the permit application. Additional environmental research will be necessary in order to address issues pertinent to an offshore borrow area. Nexv work, as part of the environmental assessment, will include a wave refraction analysis. A wave refraction analysis will be conducted using the STP Wave model, analyzing the wave transformation over borrmv area T1 before and after dredge conditions. The wave transformation effects will be evalnated on Sanibel Island and the mainland beaches of the project area. The format for the environmental assessment will include the following major topic headings: Introduction; Formulation and Comparison of Alternatives; Affected Enx'ronment; Environmental Consequences and relevant appendices. The alternatives considered wall center around those alternatives that will use Borrow Area T1 as a sand source and those that can be accomplished without Borro~v Area T1. The without conditions will include alternatives for using sand from other sources such as Borroxv Area N5. upland sources, or increased sediment bypassing at inlets. The major biological environment elements will include soil and vegetative communities; wildlife resources; threatened and endangered species; essential fish habitats and benthic organisms. The Ibrn~at and content of the environmental assessment will be coordinated with Minerals Management Service to satisfy their needs. In addition, other cooperating Federal agencies will be contacted and their concerns incorporated into the environmental assessment. The proposal includes preparation of a draft environmental assessment and one comment and response cycle to incorporate comments from appropriate Federal agencies. This proposal is lump sum for a fee of $50,000. The wave refraction analysis is $15,000 and preparation of the EA is $35,000. F:',CPE\__Proposals\Collier~EA for MMS.doc EXECTIVE SUMMARY APPROVE WORK ORDER CDM-FT-04-02 FOR UTILITY ENGINEERING SERVICES RELATED TO SOUTH COUNTY REGIONAL WATER TREATMENT PLANT LIME SOFTENING PROCESS, PROJECT 701}57, IN THE AMOUNT OF $690,664 OBJECTIVE: To improve safety, ensure compliance, enhance operations, and improve reliability within the existing lime softening plant at the South County Regional Water Treatment Plant. This will be achieved by refurbishing equipment within the existing Chemical Building, upgrading high service pumping equipment, adding chlorine ton-cylinder scales, and adding a containment curb around the odor control process. CONSIDERATIONS: When the South County Regional Water Treatment Plant (South Plant) was built in 1984, it was the County's only regional water treatment plant. Today, the South Plant continues to be a consistent and reliable producer of potable water at a rated capacity of 12 million gallons per day (mgd). However, it is time to rehabilitate or replace many of the existing unit processes and upgrade others. Staff invited two independent consultants to ~ isit the site, assess the needs of the existing lime softening plant, and provide a report with their recommendations at no cost to the County. On January 31, 2003, Camp Dresser & McKee (CDM) visited the site and subsequently submitted their report one week later ~ ; ~:ebruary 6, 2003. On January 8, 2003, Metcalf & Eddy (M&E) visited the site and subsequ,: ly provided their report 10 weeks later on March 18, 2003. Both consultants provided reports that were complete, of comparable quality, and contained similar recommendations. Staff therefore elected to negotiate a proposed work order with CDM. The proposed approach is tailored to fit the intent of the needs assessment. Utilities Engineering worked in cooperation with plant operations staff to fine-tune the needs assessment into a list of proposed plant improvements. Utilities Engineering staff worked with CDM to develop a scope of work and implementation schedule that best fits the proposed work plan. To optimize the delivery schedule, the work is divided into two phases: Expedited Work Items and Design Report Items. Expedited Work Items are those items that are well-defined for which procurement of materials and contractor services can begin immediately. Design Report Items are those items that warrant additional investigation or engineering analysis before the work can be clearly defined. The proposed work items are as listed in the following table. AGENDA ITEM ,NO DEC 1 t~ 2003 ~., / Executive Summary Approve Work Order CDM-FT-04-02 Page 2 E__x_pedited Work Items Replace polymer aging tanks and mixers Improve ventilation of the Chemical Building Upgrade high service pumping equipment Add chlorine ton-cylinder scales Add spill-containment curb at odor control units Add chlorine ton-cylinder scales Design Report Items Address chemical compatibility issues Evaluate trip hazards at odor control units Address electrical safety concerns in Chemical Building Address electrical reliability issues in Chemical Building Systems ~valuation Some equipment at the facility is original equipment installed between 1984 and 1988. This original equipment includes some of the chemical materials handling systems and high service pumping systems. The South Plant high service pumping systems are the County's oldest. The age of the equipment makes it increasingly difficult to find spare parts, replacement parts, and rebuild kits. The interior of the chemical building has been modified over the years to accommodate minor process changes and additional materials handling equipment; however, if does not appear that a comprehensive evaluation of the necessary support systems was considered as part of the modifications. The proposed ?.ope of work will address issues of ventilation, compatibility between chemicals, signage and labels, spill containment, flooring systems, security, and accessibility for operations and maintenance. The primary disinfectant used at this facility is chlorine. It is delivered in pressurized steel cylinders. Additional storage for chlorine cylinders was not included as part of the on-going 8 mgd South Water Plant expansion. Therefore, this additional storage will promote better maintenance of the cylinders and allow for a safer and more direct delivery and placement, thereby promoting worker safety. The availability of the protected additional 6hlorine cylinders will enhance operability by better matching the anticipated chemical usage with the increased demand anticipated with the completion of the 8 mgd South Water Plant expansion project. The Consultant will perform a Systems Evaluation. This evaluation will review the interface between man and equipment within areas of the plant covered by the proposed scope of work. The evaluation will provide recommendations for operational efficiencies and enhancements relative to potential changes in day-to-day operations, reliability of alarms and monitoring systems, maintenance and testing of electrical equipment, spare parts inventory, and moving to paperless library of Operations and Maintenance Manuals. Camp Dresser & McKee will provide professional engineering services. The proposed services include preliminary design, final design, permitting, services during bidding, nstruction contract administration, detailed observation during construction, start-up CO _ ~. assistance, training, additional services, and overall project management ana coormnatlon,0./ Executive Summary Approve Work Order CDM-FT-04-02 Page 3 Staff has negotiated a Work Order and has determined the scope and fees to be fair and reasonable. The scope of the work order is consistent with the intent of the Fixed-Term Utility Engineering Services Contract pursuant to RFP 00-3119. A copy of the proposed work order is attached. The fees are consistent with the complexity and magnitude of the project. Staffing levels for project management and coordination are reasonable at 4 hours per week. The number of design hours per drawing sheet is less than 60 hours per sheet, which is consistent with industry practice. The proposed method of compensation is time and reimbursable expenses with an upper limit cost-not-to-exceed, which is appropriate for retrofit projects which typically have a high probability of unforeseen work. FISCAL IMPACT: Funds in the amount of $690,664 are available for this project. The proposed scope of work is consistent with funds budgeted in FY 04 for Project 70057, Facility Rehabilitation, as approved by the Board on September 18, 2003. The requested funding is ['or services that are consistent with the 2002 Update to the Water Master Plan as adopted by the Board on February 25, 2003 as agenda item 10(A). The source of funds is Water User Fees (412). GROWTH MANAGEMENT IMPACT: There is no impact on growth management related to this project. RECOMMENDATIONS: '['hat the Board of County Commissioners, as the Ex-Officio governing board of the Collier County Water-Sewer District. approve and authorize the Public Utilities Engineering Director to execute Work Order CDM-FT-04-01 related to Facility Rehabilitation, Project 70057. SUBMITTED BY: /~"?<..,-. C'c. '-J'/'M~~- Date: Karl W. Boyer, P.E., Utilities Engineering Principal Project Manager/ -- REVIEWED BY: ~ Date: stephen Y. ~arnell, Purchasing Director REVIEWED BY: _~(?;-~.~ ~./~ t Paul Mattausch, Water Di~c~or Date: Roy B' Aa/derson, P E, Utilities Engineering Director ._ ?r__ZV.X · DeLony, P.E., Public Utili Administrator ] ~0. /a, , . Ue.c 1 G 2003 WORK ORDER CDM-FT-04-02 Agreement for Fixed Term Utilities Engineering Services Contract #00-3119 Dated April 10, 2001 f.U.E.O. This Work Order is for professional engineering services for work known as:.. "~3 0~T [~ TM :e, II: Design, Permitting, Construction, and Operations and Maintenance Services for twodificataons and Upgrades to the Chemical Building and Related Chemical Feed Systems, High Service Pump Station, and Odor Control Area at th e at the South County Regional Water Treah~nent Plant The work is specified in the proposal dated 10/13/03, which is attached hereto and made a part of this Work Order. In accordance with the Terms and Conditions of the Agreement referenced above, Work Order CDM-FT-04-02 is assigned to Camp, Dresser, & McKee, Inc. Scope of Work: ENGINEER will develop Contract Documents (plans and specifications), opinions of probable construction cost, the FDEP construction permit application for the South Water Treatment Plant Modifications and Upgrades and provide general services during construction for those items which are the expedited items as identified in Task B. Fast track items will be developed for bidding incrementally to expedite procurement for long-lead procurement items. ENGINEER shall also prepare a design report which evaluates the basis for continued use of certain existing facilities and/or recommends modification to existing facilities. Schedule of Work: Complete work within 560 days from receipt of the Notice to Proceed authorizing start of work. Compensation: In accordance with Article Five of the Agreement, the County will compensate the Firm in accordance with the negotiated time and material sum amount indicated in the schedule below (if a task is time and material, so indicate and use the established hourly rate(s) as enumerated in Schedule "A-I" and as modified for this work order only and attached hereto). Plant not to exceed Task A trolec~ l.~ana~,emen. S 122,338 time and reimbursable costs Eng-ineerin$ Services not to exceed Task B i Expedited Work items $ 293,695 time and reimbursable costs -,' not to exceed Task C Design Report Work $ 193,443 time and reimbursable costs ITask D Additional Services $ 81,188 not to exceed time and reimbursable costs TOTAL FEE S 690,664 Any change within monetary authority of this Work Order made subsequent to final department approval will be considered an additional service and charged according to the modified Schedule "A-I" attached to this Work Order. PREPARED BY' Karl W.~q~oyer, P.E., PUED Principal Project Manager AUTHORIZED BY: '~/~/~~~' / Paul ~attausc~, ~ater Director Date Date APPROVED BY: Roy B. Anderson, P.E., Utilities Engineering Director Approved as to Form and Legal Sufficiency: Assistant County Attorney Witnesses (2) ~, ( .<O' .. ,,,.~.< ~ ~. ~_~ Fand: CC: G/L Account: Date Project Number: ACCEPTE'D BY: "<" "' /L ' ' *homa Camp Dresser & Melee, Inc. 1 8 2003 Modified Schedule A-1 for Work Order CDM-FT-04-02 (NIodifications in Bold Text) Collier County Proposed Fee Schedule RFP 00-3119 "Annual Contract for Utilib, Engineering Consultant Services" 2003-2004 Renewal Professional Principal (Parmers and Associates) Senior Design Engineer/Chief Engineer Senior Project Manager/Construction Manager Project Manager/Senior Engineer/Senior Planner Engineer III Engineer II/Senior Designer Engineer I/Designer/Planner Senior Inspector/Design Technician Inspector/Senior Technician Technician Contract Professionals Fe_~e $154.00/hr $144.00/hr $123.00/hr $103.00/hr 92.00/hr 82.00/12- 72.00/hr 67.00/hr 57.00/hr 46.00/hr Senior Designer Inspector (general) Inspector (electrical) _Support $ $0.00/hr $ 50.00/hr $ 40.00/hr Administrative Assistant/Secretary $ 51.00/hr Clerical/Other Support $ 41.00/hr This list is not intended to be aiMnclusive. Hourly rate fees for other categories of professionals and/or specialists, support, and other services shall be mutually negotiated by the County and firm on a project-by-project basis, as needed. END OF MODIFIED SCHEDULE A-1 FOR WORK ORDER CDM-FT-04-0___22 l AGENDA ITE~ .~, ~' w'~--,.~°,~.,cou~,,,~.,.~o, co,,,~rco...~.w~,o,o0,~o~.~..~.~ DEC 1 6 ~003 Design, Permitting, Construction, and Operations and Maintenance Services for Modifications and Upgrades to the Chemical Building High Service Pump Station and Odor Control Area 10/13/03 SCOPE OF ENGINEERING SERVICES Design, Permitting, Construction, and Operations and Maintenance Services for Modifications and Upgrades to the Chemical Building and Related Chemical Feed Systems, High Service Pump Station, and Odor Control Area INTRODUCTION Collier County (COUNTY) has requested assistance from Camp Dresser & McKee Inc. (ENGINEER) to design, permit and provide general services during construction for Modifications and Upgrades and to the Chemical Building High Service Pump Station and Odor Control Area at the South County Regional Water Treatment Plant (SCRWTP). The modifications and upgrades will provide additional capacity and enhanced reliability of the chemical feed system and high service pump station. The modifications will also include a secondary containment curb around the odor control area. ENGINEER's proposed services are authorized upon of a Work Order for the services described hereafter. The receipt of the Work Order will serve as ENGINEER's Notice-to-Proceed (NTP) with the assignment. DESCRIPTION OF THE ASSIGNMENT Project Issues and Work Items The COUNTY requires additional capaci~ at the South Water Treatment Plant. ENGINEER has been asked by the COUNTY to design, permit and provide general services during construction for recommended plant modifications and upgrades. ENGINEER will develop Contract Documents (plans and specifications), opinions of probable construction cost, the FDEP construction permit application for the South Water Treatment Plant Modifications and Upgrades and provide general services during construction for those items in this phase which are the expedited items as shown below Task B. Fast track items will be developed for bidding incrementally to expedite procurement for long-lead procurement items. For the expedited work two levels of bidding and two levels of construction services are assumed for development of the scope. ENGINEER shah also prepare a design report which evaluates the basis for continued use of certain existing facilities and/or recommends modification to existing facilities. Issues and items to be evaluated in the design report are identified in Task C of the scope. SCOPE OF SERVICES ENGINEER shah develop Contract Documents (plans and specifications) as described in TASK B and shall prepare a design report for issues and items identified in Task C, as well a~ovinions I - ,G~0^ i Pagelof25 [ DEC 1 V:\Proposals~Collier County\Water'~Scope Collier County $CRWTPIO 10.03..cloc [ PG. ~ Design, Permitting, Construction, and Operations and Maintenance Services for Modifications and Upgrades to the Chemical Building High Service Pump Station and Odor Control Area 10/13/03 of probable construction cost, the FDEP construction permit application for the South Water Treatment Plant Modifications and Upgrades, and provide general services during construction for all work items described in this assignment. E ' NGINEER s services shall be completed as a series of distinct tasks as follows: Task A - Project Management and Plant Engineering Services ENGINEER will provide a project manager t~ oversee all Tasks to be performed by the ENGINEER and its sub-consultants, and interface with the COUNTY, the Contractor and regulatory agencies. Task A.1 - Contract Project Management This Task includes project administration and sub-consultant coordination, and maintenance of project records and documents. ENGINEER will provide project management services for the project period as described in the Tasks B though D. Task A.2 - Plant Engineering Administration Services to the County Related to Retrofit Work This project consists of developing plans, specifications and a design report on a number of items to retrofit an existing water treatment plant. Retrofit work is a challenging prospect to both the ENGINEER and the COUNTY. The ENGINEER will assist the COUNTY from the beginning of the process through construction of the expedited work items and the design report by working with the COUNTY to address unforeseen conditions. ENGINEER will assist by developing the necessary documents to expedite the process for the COUNTY in all aspects of administration that can be legally assigned to the ENGINEER. ENGINEER will also work with COUNTY to shorten procurement time for long lead procurement items by submitting certain items prior to completion of the entire bid package for early pukchase. ENGINEER will work with COUNTY for the most efficient procurement and installation method for products and services included in this scope of work. Task B - Expedited Work items ENGINEER shall develop Contract Documents (plans and specifications), opinions of probable construction cost, the FDEP construction permit application for the South Water Treatment Plant Modifications and Upgrades, and provide general services during construction for all work items described in this assignment. The expedited work items are described as follows: Chemical Building Page 2 of 25 V:~Proposa~$~Collier County\Water, Scope Collier County S CRw'rP 10.10 03, doc Replace existing polymer aging tanks (2) with tanks and mixers of additional capacity to meet future plant demands. Polymer feed system piping (double-walled), valves, mixers and appurtenances to be upsized as required. Existing polymer-aging tanks to be cleaned and relocated on-site to an area designated by the COUNTY. AGENDA ITEM BEC I 6 2003 Design, Permitting, Construction, and Operations and Maintenance Services for Modifications and Upgrades to the Chemical Building High Service Pump Station and Odor Control Area 10/13/03 2. Install four new exhaust fans and louvers on the existing walls designed for cross ventilation. Exhaust fans and types to be sized on at least ten air changes per hour. Chlorine Scale Evaluate the change out of the existing 4-pack chlorine cylinder scale with a 6-pack scale and provide a design for implementation if possible. Verify the adequacy of the existing chlorine gas scrubber with expanded chlorine cylinder capacity. Odor Control Area Install a concrete containment curb along the entire perimeter of the existing concrete slab. This new curb will be evaluated at the maximum water elevation required to avoid submerging the existing pumps, controls and electrical outlets. 2. Encase all electrical wire conduits and control wiring and accessories in watertight conduit§. 3. Evaluate the Installation of a 2-foot by 2-foot concrete sump with valve on the south end of the existing concrete slab and the ability of the new sump to drain to the existing sanitary sewer manhole located east of the existing odor control area or whether an alternate sump design is required. Install the recommended configuration approved by the County. 4. Install a high water alarm system with a report back signal back to the plant's $CADA System. Upgrade High Service Pump Station 1. Evaluate the existing plant loads, transformers, and power feed system to verify its ability to accommodate additional loads. 2. Evaluate and replace as necessary the existing vertical turbine pump cans with proper size and depths. Evaluate/Upgrade/replace anticipated surge relief valves as required. Evaluate, and design or remedy for the existing finished water butterfly valves that don't completely seat. The valves are located one on each of the two headers and one on the interconnect between the headers. V:tProposals\Collier Counly~Water~Scope Collier County $CRWTP10 10.03 .doc Replace the three existing small 1125 gpm capacity, vertical turbine pumps and motors with three pumps of equal capacity of the existing three large 300 hp 3,750 gpm vertical turbine, Page 3 of 25 ~" .... · t 2001 Design, Permitting, Construction, and Operations and M'aintenance Services for Modifications and Upgrades to the Chemical Building High Service Pump Station and Odor Control Area 10/13/03 240 TDH pumps. Confirm hydraulic sufficiency of existing inflow piping. Confirm the integrity of the existing piping materials. Replace existing inflow piping as needed based on evaluation. Replace the three vertical turbine pumps discharge piping, valves and appurtenances to the existing pump 30" force main discharge header. Cut and weld new pump discharge piping to the existing header and install pipe sleeves. Evaluate or replace as necessary new air and vacuum relief valves. Replace wire, conduit, and VFDs as required. Modify the existing IvICC as required to accommodate the large power cables. Evaluate and upgrade existing electrical se~'vice as required for these and future improvements. For the three new pumps, provide new VFD's, to match the existing VFD's. Develop and implement maintenance of flow procedures to construct proposed improvements as well as a framework for the outage plan and sequence of construction. Identify and resolve conditions under which pump room work is to be performed and any conditions for facility shutdown. 9. Coordinate with COUNTY's design profession~ on the design of the future high service pump room addition. Systems Evaluation Evaluate if the system or equipment properly interfaces with existing plant operations, and is maintenance withln Owner's operational scope with current staff. Identify what changes in day-to-day operations ;vill occur in process apphcat:ion or operator's daily routine. 3. Assess the reliability of equipment interface to ensure the alarm signals, visual, audible, or computer systems are interfaced consistently with plant operations. 4. Asses the maintenance requirements of electrical equipment. 5. Identify spare parts that are suitable for COUNTY's realistic needs both long and short term. 6. Examine the possibility of obtaining vendor O&M data in computerized format in lieu of handling numerous copies of hardbound paper O&M manuals - this would be in conjunction with providing computerized O&M services. V ',Proposals/Collier County~Water~Scope Collier County SCRVVTP10.10.03 doc Page 4 of 25 F~ 4G.E NO4 I l' £~, ] OEC 2003 Design, Permitting, Construction, and Operations and Maintenance Services for Modifications and Upgrades to the Chemical Building High Service Pump Station and Odor Control Area 10/'13/03 Task B.1 - Coordination and Data Collection ENGINEER will coordinate with the COUNTY regarding the record drawings of the existing chemical building high service pump station and odor control area. ENGINEER will convene and attend a kick off meeting with the COUNTY's engineering and operations staff. ENGINEER will also interview COUNTY staff identified by the COUNTY as those who will operate the upgraded pump station and chemical feed system. The data collected from the COUNTY will be used by ENGINEER to set the boundary conditions for the preliminary and final design of the plant modification and upgrades. ENGINEER will review the collected data for reasonableness. Task B.2 - Development of Contract Documents Based upon the data collected under Task B.1, ENGINEER will develop Contract Technical Documents for all plant modifications and upgrades described in this assignment. ENGINEER will work with the COUNTY for the advance procurement of long lead material items to expedite the schedule. Task B.2.1 - Development of 60 Percent Design Documents ENGINEER will develop the 60 percent complete construction plans and technical specifications. The 60 percent plans will generally consist of the general, civil, mechanical, structural and single line electric power sheets. An opinion of probable construction cost will be included in the submittal to the COUNTY. ENGINEER will submit four (4) sets of the 60 percent construction plans and specifications to the COUNTY for review. Task B.2.2 - Review of 60 Percent Design Documents ENGINEER will convene a meeting with the COUNTY to discuss and receive comments on the 60 percent design plans. ENGINEER will develop an agenda for the review meeting and will prepare the minutes of the review meeting. ENGINEER will issue the review meeting minutes within 10 working days from the date of the review meeting. Task B.2.3 - Development of 90 Percent Design Documents ENGINEER will use the review comments on the 60 percent complete design plans as the basis to develop the 90 percent complete construction plans and technical specifications. The 90 percent plans will generally consist of the general, civil, mechanical, structural, electrical, and instrumentation sheets. An opinion of probable construction cost will be included in the submittal to the COUNTY. ENGINEER will submit four (4) sets of the 90 percent construction plans and specifications to the COUNTY for review. Task B.2.4 - Review of 90 Percent Design Documents ENGINEER will convene a meeting with the COUNTY to discuss and receive comments on the 90 percent design plans. ENGINEER will develop an agenda for the review meeting and will prepare the minutes of the review meeting. ENGINEER will issue the review meeting n-dnutes within 10 working days from the date of the review meeting. Page 5 of 25 V '.Proposals\Collier County\Water, Scope Collier County SCRVVTPIO 10.03. doc ~G£NOA IT[H,,'? ,~0. /~,c!. I~2 DEC I 6 2003 PG. /O Design, Permitting, Construction, and Operations and Maintenance Services for Modifications and Upgrades to the Chemical Building High Ser~'ice Pump Station and Odor Control Area 10,'I 3,"03 Task B.2.5 - Development of Final Design Documents ENGINEER will use the review comments on the 90 percent complete design plans as the basis to develop the final percent complete construction plans and technical specifications. The final percent plans ~vill generally consist of the general, civil, mechanical, structural, electrical, and instrumentation sheets. An opinion of probable construction cost will be included in the submittal to the COUNTY. The opinion of probable construction cost will divide the costs between renewal/replacement and upgrades/additions/improvements. ENGINEER will submit six (6) sets of the final percent construction plans and specifications to the COUNTY for review. Task B.3 - Preparation of Permit Application ENGINEER will prepare the FDEP Construction Permit Application for the construction of the plant modifications and upgrades. The completed permit application will be submitted to the COUNTY along with the submission of the 90 percent complete design documents. ENGINEER will coordinate with the South Florida Water Management District (SFWMD) regarding permitting requirements. ENGINEER wilt provide the documents required for the COUNTY's site plan submission. The completed a~_Td:.~:a~vns will be submitted to the COUNTY for further processing and submittal to the regulatory agencies. Permit application fees will be paid directly by the COUNTY. ~ ask B.4 - Services During Bidding ENGINEER ~vilI assist the COUNTY in obtaining bids for the project construction work to be performed. ENGINEER will: Prepare responses to written requests fc, r interpretation of the Contract Documents by prospective bidders, including the preparation of such addenda as may be necessary and provide to the COUNTY. 2. Attend one (1) pre-bid conference, and maintain a record of attendees. Prepare responses to appropriate questions and provide those responses to the COUNTY. 3. Attend one - opening, review bids received, review contractor references and make recommendation of contract award to the COUNTY. Task B.5 - General Services During Construction Task 5 services are activities during the construction and start-up of the modifications and upgrade to the existing chemical feed system and building, high service pump station and odor control area. Task B.5.! - Construction Management ENGINEER will provide a project manager to oversee all Tasks to be performed by the ENGINEER and its subconsultants, and interface with the COUNTY, the Contractor and regulatory agencies. This Task includes project administration and subconsultant coordination, Page 6 of 25 V ~roposals~Collier County\Water~Sco!~ Collier County SCRVVTPIO. IO 03 doc Design, Permitting, Construction, and Operations and Maintenance Services for Modifications and Upgrades to the Chemical Building High Service Pump Station and Odor Control Area 10/13/03 and maintenance of project records and documents. ENGINEER will provide project management services for a Project period of twelve (12) months for the construction of the plant modifications and upgrades described above. Task B.5.2 - Pre-construction Conference ENGINEER will attend and participate in one (1) pre-construction conference for the construction contract awarded and respond to design ~md construction issues. ENGINEER will prepare and issue the minutes of the pre-construction conference. The minutes will be issued within ten (10) working days from the date of the pre-construction conference. Task B.5.3 - Construction Observation ENGINEER will provide part-time construction observation during construction of the Project. ENGINEER will provide consultation and advice to the COUNTY during the period of construction up to twelve (12) months. ENGINEER will prepare and issue design clarifications and other supplementary information, as required, and provide technical reviews and assist in preparation of proposed Change Orders to Construction Contracts. ENGINEER will review the O&M manuals to confirm that systems have been properly integrated to provide operation performance consistent with design intent, review the equipment installation and provide interim site visits to familiarize plant personnel with modifications to existing equipment or new installations to assure a smooth transition and increase operator awareness, thereby enhancing subsequent vendor and CDM O&M training, oversee vendor system startup and initial operation to confirm proper system operations, prior to vendor/owner training, and review contractor training plans to ensure that a complete electrical overview is presented in training classes as system suppliers describe their component equipment. For example, a pump supplier may provide a pump, but the electrical contractor has installed switchgear and MCCs, so the pump training should include the electrical training germane to the overall system. This approach differs slightly from the specification requirements but is essential to ensure ~,at ah¢~'e is contihuity of training. ENGINEER shall consult with and advise the COUNTY and act as the COUNTY's representative during construction. Instructions to Contractor shall be issued through ENGINEER who shall have authoriW to act on behalf of the COUNTY in dealings with the Contractor to the extent provided for in this Agreement. ENGINEER shall be present during critical and milestone construction work tasks to observe as an experienced and qualified professional the progress of Contractor's work and compliance with the various aspects of the Contract Documents. Based on information obtained during these inspections, ENGINEER shall determine, in general, if such work is proceeding in substantial conformance with the Contract Documents and ENGINEER shall keep the COUNTY informed in writing of the progress of the work. The purpose of ENGINEER's inspections shall be to determine that the completed work of Contractor conforms substantially to the Contract Documents and that the integrity, of the design concept of the completed constructed project has been implemented and preserved by ~ AGF_J~OA Page 7 of 25 ,0. DEC 1 G 200: PG. Design, Permitting, Construction, and Operations and Maintenance Services for Modifications and Upgrades to the Chemical Building High Service Pump Station and Odor Control Area 10/13/03 Contractor. ENGINEER does not, during such inspections of Contractor's work in progress, supervise, direct or have control over Contractor's work. ENGINEER will not have authority over or responsibility for the means, methods, techniques, sequences or procedures of construction selected by Contractor. ENGINEER does not have authority for safety precautions and programs incident to the work of Contractor or for any failure of Contractor to comply with laws, rules, regulations, ordinances, codes or orders applicable to Contractor's furnishing and performing the work. The following activities by ENGINEER for this Task include: 1. Conduct part-time on-site observations of the work in progress by the Contractor to determine that the project is proceeding in accordance with the Contract Documents. 2. Ensure that tests are conducted as required and that Contractor maintains adequate records thereof. Also, observe, record, and report to the COUNTY test procedures and results. 3. Assist the COUNTY in serving as the liaison with the Contractor. 4. Transmit through the COUNTY to the Contractor, clarifications and interpretations of the Contract Documents. Maintain drawings addenda, orderly . ,:~s for correspondence, reports of job meetings and conferences, shop and sample submissions, reproductions of original contract documents including supplementary reports and other project related documents. Make reviews to ascertain that the Contractor maintains up-to-date record drawings at the site. 7. Revie~v Contractor's monthly applications for partial and final payments and forward them with appropriate recommendation to the COUNTer. 8. Conducting monthly progress meetings with the Contractor and the COUNTY. ENGINEER will provide technical expertise and support as necessary to respond to RFIs and design/technical issues as may arise during construction. ENGINEER will review up to four (4) Change Orders proposed by the contractor or COUNTY and will prepare Change Orders for submittal to the Contractor prior to the commencement of Change Order-related Work. Change Orders are for minor adjustments to the basic project design that require an adjustment to the Contract Time or Price and do not include design of new facilities not initially included in the project. Change Orders for the design of new facilities will be an additional service to be authorized by the COUNTY. V \Proposals\Collier Counly\Water~Scgpe Collier Counly SC RWTP10 1003.d ~c Page 8 of 25 DEC 1 6 2003 PG. Design, Permitting, Construction. and Operations and Maintenance Services for Modifications and Upgrades to the Chemical Building High Service Pump Station and Odor Control Area 10/13/03 Task B.5.4 - Shop Drawing Processing and Review ENGINEER will review all Contractor submittals, including but not limited to, Shop Drawings, Product Data, and Samples. ENGINEER will evaluate and determine the acceptability of substitute or "or equal" materials and equipment proposed by the Contractor and recommend to the COUNTY. ENGINEER will review submitted shop drawings, materials, and samples for conformance with the conformed Contract Documents (plans, specifications and addenda). Reviewed shop drawings will be returned to the COUNTY for return to the Contractor within twenty-one (21) calendar days of receipt of submittals. ENGINEER will maintain a shop drawing computer- based document control system, ff shop drawings are rejected and are required to be re- submitted more than once, the cost for the third and subsequent review is not budgeted and these additional costs will be paid by the COUNTY to ENGINEER. The COUNTY will deduct these additional shop drawing review costs from the Contractor's application for payment. Review of shop drawings in excess of two will be additional services to be authorized by the COUNTY. Attachment No. I details the anticipated shop drawings for the Project. If the Contractor wishes to submit alternates, as defined in the Contract Technical Documents, ENGINEER will perform this Work and COUNTY will pay the cost of this Work to ENGINEER. Task B.5.5 - Facility Startup Assistance ENGINEER will provide facility startup guidance and assistance to the Collier County Water Treatment Plant staff. Both COUNTY and ENGINEER O&M staff will jointly participate in the startup and initial operation of each section of the facility as developed in the pre-startup training program. Prior to startup: · All pumping, piping, and hydraulic systems will be tested with water, ff possible. · A schedule will be developed to sequence the units that will be put into service. · There will be a series of "dry-run walk-throughs" by all key COUNTY O&M personnel, ENGINEER project staff, and the Contractor. · Equipment that will not be used in the initial startup will be isolated from the system. · All instrumentation and electrical systems will be tested before actual startup. Systems that are not essential for immediate use will be started and tested after the initial facilities are on line. · A preliminary valve schematic will be available prior to the startup of each section of the facility. The preliminary sections of manufacturers' maintenance manuals will be made available for use by COUNTY staff during the startup. ENGINEER and COUNTY staff will: V \Proposals'~Collier Coulnty\Water~Scope Collie*' County SC, R'W"rP10.10 03 .doc Page 9 of 25 Design, Permitting, Construction, and Operations and Maintenance Services for Modifications and Upgrades to the Chemical Building High Service Pump Station and Odor Control Area 10/13/03 · Jointly participate in the start-up and initial operation of each unit process described above. · Document each trait process operation utilizing operational logs and checklists. · Conduct process testing of each unit process to establish overall operability and effective process performance. Process testing will be based on the design criteria limitation of each unit process. Task B.5.6 - Operations and Maintenance Training ENGINEER's O&M specialist will conduct an onsite classroom and hands-on instruction specific to the need of the Collier County South Water Treatment Plant O&M staff. Classroom instruction will cover such topics as the instrumentation and SCADA system operations, new chemical feed systems, post treatment, pumping, storage and blending, electrical systems, system troubleshooting, and process control. A maintenance course will be provided that will include general maintenance procedures, site specific maintenance of plant equipment, electrical, instrumentation subsystems, and preventive maintenance programs. Task B.5.7 - Certify Project Completion 1. Rejection of Non-Conforming Work ENGINEER will have authority to recommend the rejection of the Work that does not conform to the Contract Technical Documents. ENGINEER will promptly notify the COUNTY and will immediately provide the COUNTY written basis for such recommended rejection. 2. Final Inspections ENGINEER will conduct two final inspections for the project together with the COUNTY and the Contractor. The first final inspection will be to develop a list of incomplete or defective work for the Contractor. A second final inspection will be made to determine that the items have been completed. This will be done for the purpose of certifying substantial and final project completion to the COUNTY and FDEP as required. The cost for subsequent final inspections necessitated by the Contractor's failure to correct incomplete or defective work will be borne by the Contractor. This scope of services includes one project certification to FDEP. Additional and/or Fartial certifications will be considered out of scope. Task B.5.8 - Record Drawings 1. Preparation of Record Drawings V:'~rop~sals~Cc~llier County~Water~Scope CotJier County SCRVVTPIO. 10 03,.doc Page I0 of 25 DEC 16 ?003 J Design, Permitting, Construction, and Operations and Maintenance Services for Modifications and Upgrades to the Chemical Building High Service Pump Station and Odor Control Area 10/13/03 ENGINEER will prepare Record Drawings of the construction from field revision notes and markups provided by the Contractor. The Record Drawings wiJ1 be reproducibles copied from the design drawings and edited to show the Contractor's notations. One (1) hard copy set and one (1) electronic file AutoCAD R14 compatible version will also be provided to the COUNTY. ENGINEER will prepare permitting record drawings as required for project certification to FDEP. Field visitations will be conducted to determine that the project has been constructed in substantial conformance with the Contract Documents. Services of a Professional Surveyor may be included on an as-needed basis for field verification if requested by ENGINEER to facilitate project certification. 2. Review of Manufacturers' Operation and Maintenance Manuals ENGINEER will review Manufacturer's operation and maintenance manuals for compliance with the requirements of the Contract Documents 3. Development of Vendor Training Operation and Maintenance Program ten (10) meetings. ENGINEER will schedule and monitor vendor supplied operation and maintenance training_ and coordinate with the COUNTY for up to three (3) meetings. On-site training on specific pieces of mechanical equipment will be supplied by vendor representatives prior to facility's start-up. Task C - Design Report Work ENGINEER shah prepare a design report for issues and items identified below. Upon completion of the design report, acceptance by the COUNTY, and authorization by the COUTNTY, ENGINEER shall develop Contract Documents (plans and specifications) for the work identified in the design report, as well as opinions of probable construction cost, the FDEP construction permit application for the So.uth Water Treatment Plant Modifications and Upgrades, and provide general services during construction. ENGINEER shall only complete Tasks C.3 through C.6 for work items recommended in the design report and specifically authorized by the COUNTY. No fees for Tasks C.3 through C.6 have been included in the project costs. Fees for Tasks C.3 through C.6 will be developed upon authorization by the COUNTY. The items to be evaluated in the design report are as follows: Polymer Chemicals Prepare a preliminary design of a replacement system with both wet and dry chemical capability. Chemical Building 1. Evaluate the compatibility of the different chemicals that are used or stored in the chemical room and make recommendations to separate the chemical processes and spill containment V:\Proposals'~Collier County\WateAScope Collier Counl7 SCRWTP10.10 03, doc Page 11 of 25 Design, Permitting, Construction. and Operations and Maintenance Services for Modifications and Upgrades to the Chemical Building High Service Pump Station and Odor Control Area l 0/I 3/'03 as appropriate. Evaluate alternate chemical delivery and receiving procedures. Consider existing floor drains and whether the existing system is adequate or requires modifications. Based evaluations, provide a recommendation for separation within the existing building, an addition to the building or a new building. The recommendation, at a minimum, should take into consideration the need to include room for chemical storage and transportation of the chemicals by a forkLift. This scope does not include the design and construction of an addition to the bu, ilding or a new building. 2. Evaluate and make a recommendation on the feasibility of designing and constructing a work platform to access the slakers. Evaluate the use of a dry versus liquid Hydrofluosilic acid chemical feed system for the plant. The evaluation will include the pros and cons, economic and non-economic factors for the use of a dry or liquid feed. Remove the existing doors, frames, and door hardware and replace with doors, frames, and door hardware constructed of corrosion resistant materials. Provide hardware that is compatible with the coun ,ty's "cyber lc, ok" locking system. 5. Evaluate and make recommendations for 'painting/coating the interior of the chemical building including surface preparation. 6. Evaluate and make recommendations for coating the existing concrete floor or installing non-skid tile. 7. Inspect and make recommendations for repair or modifications to the existing floor drains as needed. 8. Evaluate and make recommendations for re.routing the existing lime slaker piping (air, water)) to eliminate trip hazards as necessary. Odor Control A~'- 1. Evaluate and make recommendations to eliminate potential trip hazards in the walkways. GENERAL ELECTRICAL Have and experienced electrical engineer evaluate the facility and make recommendations relative to safety and reliability improvements. The review and recommendations will be completed regarding following items: · Electrical system housekeeping · Removing and replacing corroded junction boxes and enclosures Page 12 of 25 V:\Proposals\Collier County\Waler~Scope Collier County SCRWTP10.10.0a..doc DEC 1 6 2003 Design, Permitting, Construction, and Operations and Maintenance Services for Modifications and Upgrades to the Chemical Building High Service Pump Station and Odor Control Area 10/l 3/03 · Replacement of seals on enclosures · Testing and replacement of conduit seals · Removal of excess wire in the bottom of control cabinets · Cleaning and tightening of all connections · Retagging of conductors as appropriate · Retag or relabel all cabinets and enclosures · Moving all electrical equipment away form locally col rosive chemical environments Evaluate the removal of the door between the lime slaker area and the electrical room and replacement with a permanent wall and window. Review the labeling system and asset numbering standards for Collier County and make recommendations for painting and provision of new labels on all existing enclosures in the electrical room. Systems Evaluation 1. Evaluate ff the system or equipment properly interfaces with existing plant operations, and is maintenance within Owner's operational scope with current staff. 2. Identify what changes in day-to-day operations will occur in process application or operator's daily routine. 3. Assess the reliability of equipment interface to ensure the alarm signals, visual, audible, or computer systems are interfaced consistently with plant operations. Asses the maintenance requirements of electrical equipment. Identify spare parts that are suitable for COUNTY's realistic needs both long and short term. Examine the possibility of obtaining vendor O&M data in computerized format in lieu of handling numerous copies of hardbound paper O&M manuals - this would be in conjunction with providing computerized O&M services. Task C.1 - Coordination and Data Collection ENGINEER will coordinate with the COUNTY regarding the record drawings of the existing chemical building high service pump stat/on and odor control area. ENGINEER will convene and attend a kick off meeting with the COUNTY's engineering and operations staff. ENGINEER will also interview COUNTY staff identified by the COUNTY as those who will operate the upgraded pump station and chemical feed system. V \Proposals'~Collier County\Water, Scope Collier County SCRWTP I 0.10.03, doc Page 13 of 25 o£c 1 6 2003 /o':::' Design, Permitting, Construction, and Operations and Maintenance Services for Modifications and Upgrades to the Chemical Building High Service Pump Station and Odor Control Area 10/13/03 The data collected from the COUNTY will be used by ENGINEER to set the boundary conditions for the preliminary and final design of the' plant modification and upgrades. ENGINEER will review the collected data for reasonableness. Task C.2 - Design Report ENGINEER shall prepare a design report which evaluates the basis for continued use of existing facilities and/or recommends modifications to certain existing facilities as identified in this Task. Task C.3 - Development of Contract Documents Based upon the data collected under Task C.1 and the recommendations of Task C.2 above, ENGINEER will develop Contract Technical Documents for all plant modifications and upgrades described in this assignment. Task C.3.1 - Development of 60 Percent Design Documents ENGINEER will develop the 60 percent complete construction plans and technical specifications. The 60 percent plans will generally consist of the general, civil, mechanical, structural and single line electric power sheets. An opinion of probable construction cost will be included in the submittal to the COUNTY. ENGINEER will submit four (4) sets of the 60 percent construction plans and specifications to the COUNTY for review. Task C.3.2 - Review of 60 Percent Design Documents ENGINEER will convene a meeting with the COUNTY to discuss and receive comments on the 60 percent design plans. ENGINEER will develop an agenda for the review meeting and will prepare the minutes of the revie~v meeting. ENGINEER will issue the review meeting minutes within 10 working days from the date of the review meeting. Task C.3.3 - Development of 90 Percent Design Documents ENGINEER will use the review comments on the '60 percent complete design plans as the basis to deveIop the 90 percent complete construction plans and technical specifications. The 90 percent plans will generally consist of the general, civil, mechanical, structural, electrical, and instrumentation sheets. An opinion of probable construction cost will be included in the submittal to the COUNTY. ENGINEER will submit four (4) sets of the 90 percent construction plans and specifications to the COUNTY for review. Task C.3.4 - Review of 90 Percent Design Documents ENGINEER will convene a meeting with the COUNTY to discuss and receive comments on the 90 percent design plans. ENGINEER will develop an agenda for the review meeting and will prepare the minutes of the review meeting. ENGINEER will issue the review meeting minutes within 10 ~vorking days from the date of the review meeting. ¥:',Proposais~Collier County\Water, Scope Collier Count'/SCRWTPIO. 10.03..doc Page 14 of 25 E C 1 2003 ~. Design, Permitting, Construction, and Operations and Maintenance Services for Modifications and Upgrades to the Chemical Building High Service Pump Station and Odor Control Area t 0/13/03 Task C.3.5 - Development of Final Design Documents ENGINEER will use the review comments on the 90 percent complete design plans as the basis to develop the final percent complete construction plans and technical specifications. The final percent plans will generally consist of the general, civil, mechanical, structural, electrical, and instrumentation sheets. An opinion o£ probable construction cost will be included in the submittal to the COUNTY. The opinion of probable construction cost will divide the costs between renewal/replacement and v, pgrades/additions/improvements. ENGINEER ~vill submit six (6) sets of the final percent construction plans and specifications to the COUNTY for review. Task C.4 - Preparation of Permit Application ENGINEER will prepare the FDEP Construction Permit Application for the construction of the plant modifications and upgrades. The completed permit application will be submitted to the COUNTY along with the submission of the 90 percent complete design documents. ENGINEER will coordinate with the South Florida Water Management District (SFWMD) regarding permitting requirements. ENGINEER will provide the documents required for the COUNTY's site plan submission. The completed applications will be submitted to the COUNTY for further processing and submittal to the regulatory agencies. Permit application fees will be paid directly by the COUNTY. Task C.5 - Services During Bidding ENGINEER will assist the COUNTY in obtaining bids for the project construction work to be performed. ENGINEER will: Prepare responses to written requests for interpretation of the Contract Documents by prospective bidders, including the preparation of such addenda as may be necessary and provide to the COUNTY. 2. Attend one (1) pre-bid conference, amd maintai_fi a record of attendees. Prepare responses to appropriate questions and provide those responses to the COUNTY. 3. Attend one (1) bid opening, review bids received, review contractor references and make recommendation of contract award to the COUNTY. Task C.6 - General Services During Construction Task 6 services are activities during the construction and start-up of the modifications and upgrade to the existing chemical feed system and building, high service pump station and odor control area. Task C.6.1 - Project Management ENGINEER will provide a project manager tb oversee all Tasks to be performed by the ENGINEER and its subconsultants, and interface with the COUNTY, the Contractor and regulatory agencies. This Task includes project administration ~'md subconsultant coordination, [ ~G~OA ITEM,~ Page 15 of 25 i ~0' /~ ~"-~~ Design, Permitting, Construction, and Operations and Maintenance Services for Modifications and Upgrades to the Chemical Building High Service Pump Station and Odor Control Area 10/13/03 and maintenance of project records and documents. ENGINEER will provide pro'ect ~m~an~.a,.gem..ent services for a Project period of twelve t12, mon+~,o ~-a._ . . J ~Luumcanons anc~ upgrades described above. ' · me construction of the plant Task C.6.2 - Pre-construction Conference ENGINEER will attend and participate in one (1) pre-construction conference for the construction contract awarded and respond to design and construction issues. ENGINEER will prepare and issue the minutes of the pre-construction conference. The minutes will be issued within ten (10) workmg days from the date of the pre-construction conference. Task C.6.3 - Construction Observation ENGINEER will provide part-time construction observation during construction of the Project. ENGINEER will provide consultation and advice to the COUNTY during the period of construction up to twelve (12) months. ENGINEER will prepare and issue design clarifications and other supplementary information, as required, and provide technical reviews and assist in preparation of proposed Change Orders to Construction Contracts. ENGINEER will review the O&M manuals to confirm that systems have been properly integrated to provide operation performance consistent with design intent, review the equipment installation and provide interim site visits to familiarize plant personnel with modifications to existing equipment or new installations to assure a smooth transition and increase operator awareness, thereby enhancing subsequent vendor and CDM ©&M training, oversee vendor system startup and initial operation to confirm proper system operations, prior to vendor/owner training, and review contractor training plans to ensure that a complete electrical overview is presented in training classes as system suppliers describe their component equipment. For example, a pump supplier may provide a pump, but the electrical contractor has installed switchgear and MCCs, so the pump trairdng should include the electrical training germane to the overall system. This approach differs slightly from the specification requirements but is essential to ensure that there is continuity of training. ENGINEER shall consult with and advise the COUNTY and act as the COUNTY's representative during construction. Instructions to Contractor shall be issued through ENGINEER who shall have authority to act on behalf of the COUNTY in dealings with the Contractor to the extent provided for in this Agreement. ENGINEER shah be present during critical and milestone construction work tasks to observe as an experienced and qualified professional the progress of Contractor's work and compliance with the various aspects of the Contract Documents. Based on information obtained during these inspections, ENGINEER shall determine, in general, if such work is proceeding in substantial conformance with the Contract Documents and ENGINEER shah keep the COUNTY informed in writing of the progress of the work. The purpose of ENGINEER's inspections shall be to determine that the completed work of Contractor conforms substantially to the Contract Documents and that the integrity, of the design concept of the completed constructed project has been implemented and preserved by Page 16 of 25 I ~a~OA .o. /~ VAProposals/Collier Counly~Water~Scope CoUier County SCRW-rPI 0 10.03..doc ' -- DEC 1 6 2.003 PG. Design, Permitting, Construction, and Operations and Maintenance Services for Modifications and Upgrades to the Chemical Building High Service Pump Station and Odor Control Area 10/13/03 Contractor. ENGINEER does not, during such inspections of Contractor's work in progress, supervise, direct or have control over Contractor's work. ENGINEER will not have authority over or responsibil/ty for the means, methods, techniques, sequences or procedures of construction selected by Contractor. ENGINEER does not have authority for safety precautions and programs incident to the work of Contractor or for any failure of Contractor to comply with laws, rules, regulations, ordinances, codes or orders applicable to Contractor's furnishing and performing the work. The following activities by ENGINEER for this Task include: 1. Conduct part-time on-site observations of the work in progress by the Contractor to determine that the project is proceeding in accordance with the Contract Documents. 2. Ensure that tests are conducted as required and that Contractor maintains adequate records thereof. Also, observe, record, and report to the COUNTY test procedures and results. 3. Assist the COUNTY in serving as the liaison with the Contractor. 4. Transmit through the COUNTY to the Contractor, clarifications and interpretations of the Contract Documents. Maintain orderly flies for correspondence, reports of job meetings and conferences, shop drawings and sample submissions, reproductions of original contract documents including addenda, supplementary reports and other project related documents. 6. Make reviews to ascertain that the Contractor maintains up-to-date record drawings at the site. 7. Review Contractor's monthly applications for partial and final payments and forward them with appropriate recommendation to the COUNTY. 8. Conducting monthly progress meetings with the Contractor and the COUNTY. ENGINEER will provide technical expertise and support as necessary to respond to RFIs and design/technical issues as may arise during construction. ENGINEER will review up to four (4) Change Orders proposed by the contractor or COUNTY and will prepare Change Orders for submittal to the Contractor prior to the commencement of Change Order-related Work. Change Orders are for minor adjustments to the basic project design that require an adjustment to the Contract Time or Price and do not include design of new facilities not initially included in the project. Change Orders for the design of new facilities will be an additional service to be authorized by the COUNTY. V:~,Proposals;CoHier County\WateO. Scope Collier County SCRWTPIO. IO.O3..doc Page 17 of 25 Design, Permitting, Construction, and Operations and Maintenance Services for Modifications and Upgrades to the Chemical Building High Service Pump Station and Odor Control Area 10, I 3'03 Task C.6.4 - Shop Drawing Processing and Review ENGINEER will review all Contractor submittaIs, including but not limited to, Shop Drawings, Product Data, and Samples. ENGINEER will evaluate and determine the acceptability of substitute or "or equal" materials and equipment proposed by the Contractor and recommend to the COUNTY. ENGINEER will review submitted shop drawings, materials, and samples for conformance with the conformed Contract Documents (plans, specifications and addenda). Reviewed shop drawings will be returned to the COUNTY for return to the Contractor within twenty-one (21) calendar days of receipt of submittals. ENGINEER will maintain a shop drawing computer- based document control system. If shop drawings are rejected and are required to be re- submitted more than once, the cost for the third and subsequent review is not budgeted and these additional costs will be paid by the COUNTY to ENGINEER. The COUNTY will deduct these additional shop drawing review costs from the Contractor's application for payment. Review of shop drawings in excess of two will be additional services to be authorized by the COUNTY. Attachment No. 1 details the anticipated shop drawings for the Project. If the Contractor wishes to submit alternates, as defined in the Contract Technical Documents, ENGINEER will perform this Work and COUNTY will pay the cost of this Work to ENGINEER. Task C.6.5 - Facility Startup Assistance ENGINEER will provide facilit-v startup ,guidance and assistance to the Collier County Water Treatment Plant staff. Both COUNTY and ENGINEER O&M staff will jointly participate in the startup and initial operation of each section of the facility as developed in the pre-startup training program. Prior to startup: · All pumping, piping, and hydraulic systems will be tested with water, if possible. · A schedule will be developed to sequence the units that wi_Il be put into service. · There wF' ' - a series of "dry-run walk-throughs" by all key COUNTY O&M personnel, ENGINE ~ lect staff, and the Contractor. · Equipment that will not be used in the initial stamp will be isolated from the system. · All instrumentation and electrical systems will be tested before actual startup. Systems that are not essential for immediate use will be started and tested after the initial facilities are on line. · A preliminary valve schematic will be available prior to the startup of each section of the facility. The preliminary sections of manufacturers' maintenance manuals will be made available for use by COUNTY staff during the startup. ENGINEER and COUNTY staff will: V/Proposals~CoIIier County~Water~Scope Collier County SCRVVTP10 1003 doc Page 18 of 25 0 IG, ENOA IT£~, ~ l EC 1 6 2003 Design, Permitting, Construction, and Operations and Maintenance Sen'ices for Modifications and Upgrades to the Chemical Building High Service Pump Station and Odor Control Area 10/13/03 · Jointly participate in the startup and initial operation of each unit process described above. · Document each unit process operation utilizing operational logs and checklists. · Conduct process testing of each unit process to establish overall operability and effective process performance. Process testing will be based on the design criteria limitation of each unit process. Task B.5.6 - Operations and Maintenance Training ENGINEER's O&M specialist will conduct an onsite classroom and hands-on instruction specific to the need of the Collier County South Water Treatment Plant O&M staff. Classroom instruction ~vill cover such topics as the instrumentation and SCADA system operations, new chemical feed systems, post treatment, pumping, storage and blending, electrical systems, system troubleshooting, and process control. A maintenance course will be provided that will include general maintenance procedures, site specific maintenance of plant equipment, electrical, instrumentation subsystems, and preventive maintenance programs. Task C.6.7 - Certify Project Completion 1. Rejection of Non-Conforming Work ENGINEER will have authority to recommend the rejection of the Work that does not conform to the Contract Technical Documents. ENGINEER will promptly notify the COUNTY and will immediately provide the COUNTY written basis for such recommended rejection. 2. Final Inspections ENGINEER will conduct two final inspections for the project together with the COUNTY and the Contractor. The first final inspection will be to develop a list of incomplete or defective work for the Contractor. A second final inspection will be made to determine that the items have been completed. This will be done for the purpose of certifying substantial and final project completion to Lc COUNTY and FDEP as required. The cost for subsequent final inspections necessitated by the Contractor's failure to correct incomplete or defective work will be borne by the Contractor. This scope of services includes one project certification to FDEP. Additional and/or partial certifications will be considered out of scope. Task C.6.8 - Record Drawings 1. Preparation of Record Drawings V \Proposals~,Collier County\Wated~Scopo Collier County SC RWTP 10.10 03 doc Page 19 of 25 LAG£ NOA IT£~ DEC Design, Permitting, Construction, and Operations and Maintenance Services for Modifications and Upgrades to the Chemical Building High Service Pump Station and Odor Control Area 1 O~ 13/03 ENGINEER will prepare Record Drawings of the construction from field revision notes and markups provided by the Contractor. The Record Drawings will be reproducibles copied from the design drawings and edited to show the Contractor's notations. One (1) hard copy set and one (1) electronic file AutoCAD R14 compatible version will also be provided to the COUNTY. ENGINEER will prepare permitting record drawings as required for project certification to FDEP. Field visitations will be conducted to determine that the project has been constructed in substantial conformance with the Contract Documents. Services of a Professional Surveyor may be included on an as-needed basis for field verification if requested by ENGINEER to facilitate project certification. Review of Manufacturers' Operation and Maintenance Manuals ENGINEER will review Manufacturer's operation and maintenance manuals for compliance with the requirements of the Contract Documents ¸3. Development of Vendor Training Operation and Maintenance Program ten (10) meetings. ENGINEER will schedule and monitor vendor supplied operation and maintenance training and coordinate with the COUNTY for up to three (3) meetings. On-site training on specific pieces of mechanical equipment will be ~upplied by vendor representatives prior to facility's ,tart-up. Task D - Additional Services (as authorized) We will provide additional services, at costs agreed upon by the COUNTY and ENGINEER and as authorized by the COUNTY, which may arise during the course of the work that were not envisioned as part of the original or amended scope of work. Compensation to the ENGINEER for performance of Additional Services as well as the specific services to be performed and time of completion shall be approved by the COUNTY's project manager in writing in advance of performance of said Additional Services. Additional Services must be identified by the ENGINEER prior to the performance of the work. Failure to notify the COUNTY in writing of Additional Services shall be deemed a waiver of any claim by ENGINEER that such services were Additional Services. Additional written authorization from the COUNTY will be required for any charges that exceed the predetermined upper limit. Additional Services will include but not be limited to such items as Geotechnical work or surveying. DELIVERABLES ENGINEER will provide the following deliverables: 1. Four copies of the design report that evaluates existing facilities. V:~Proposals\Coltier County~Waler~Sco~pe Collier County $CRWTP10.10.03 doc Page 20 of 25 i .~g£ NDA ITEI~ OEC 1 6 003 Design, Permitting, Construction, and Operations and Maintenance Services for Modifications and Upgrades to the Chemical Building High Service Pump Station and Odor Control Area 10/13/'03 2. Four (4) sets for Task B and when authorized for Task C, of ll-inch by 17-inch 60 percent design plans and opinion of probable construction cost will be submitted to the COUNTY for review and comment. 2. Four (4) sets for Task B and when authorized for Task C, of 24-inch by 36-inch 90 percent plans, specifications and opinion of probable construction cost will be submitted to the COUNTY for review and comment. 3. Six (6) sets for Task B and when authorized for Task C, of 24-inch by 36-inch final plans, specifications and opinion of probable construction, cost will be submitted to the COUNTY. 4. FDEP Construction Permit Application for Task B and when authorized for Task C. 5. Various meeting minutes. 6. Initial and Final Punch Lists for Task B and when authorized for Task C. 7. One (1) hardcopy set of 24-inch by 36-Lnch Record Drawings for Task B and when authorized for Task C. 8. One (1) AutoCAD R2002 electronic file containing Record Drawings for Task B and when authorized for Task C. TIME OF PERFORMANCE ENGINEER will complete Tasks B and C sub-tasks 1, 2, 3, 4, 5, and 6 in accordance with the schedule based on cumulative weeks from the date of the NTP by the COUNTY: SCHEDULE TASK 1. Coordination and Data Collection 2. Design Report 3. Design 4. Permit Application Preparation V:\Proposals\Collier County\Water, Scope Cotlie¢ Cour~ty SCR'WTP10.10 03 .doc Page 21 of 25 CUMULATIVE WEEKS FROM NTP Expedited Work Design Report Task B Work Task C 3 4 N/A 15 16 14 30 32 AGENDA IT£~ '~ BEC 1 fi 200: Design. Permitting, Construction, and Operations and Maintenance Services for Modifications and Upgrades to the Chemical Building High Service Pump Station and Odor Control Area t 0,13/03 I 5. Bidding Services 24 40 6. General Services During Construction 80 66 ENGINEER will observe the time limitations. However, should there be delays in receiving subsequent authorizations, approvals, and review comments from the COUNTY, and other governmental agencies, the schedule will be updated and adjusted as mutually agreed upon by ENGINEER and the COUNTY. ENGINEER shall not be responsible for delays that occur as the result of action or inaction of others not under contract to ENGINEER. PROPOSED STAFFING Fhe following staff is proposed for performing the professional engineering services: i LABOR PROJECT POSITION -- , NAME CATEGORY F ] Officer Client Officer/Quality Control -- ' Thomas Missimer, PbL ..... P.G. SCEV 9 Robert Driver, P.E. Consultant Civil and Process Engineering Senior Donald E. Lindeman, P.E. Professional Project Manager ENEV 7 Senior Electrical Power Engineermg - Paul Lefave, P.E. Professional ENEL 6 Senior Structural Engineering j Khalid Motiwala, P.E. Professional ENST 6 ~C Senior Instrumentation -- ary Yocum, P.E. Professional ENEL 5 Construction Construction Coordination Adam Sobolewski, P.E. Coordinator CNCC 8 Senior Civil Mechanical Design -- Dana Garrett Designer DNDF 8 V ~Proposals\Collier County"~Waler\Scope Collier County SCRWTPI0.10.03 doc NO. ~_~__~.~__~,,~_ Page 22 of 25 DEC I 6 2 03 .G. Design, Permitting, Construction, and Operations and Maintenance Services for Modifications and Upgrades to the Chemical Building High Service Pump Station and Odor Control Area 10/13/03 Operations Vendor Training Rick Shelton Specialist OPGN 8 Professional Project Engineer Stefan Haecker, E.I. I ENEV 3 Professional Project Engineer Craig P. Osmanski, P.E. II ENEV5 Proposed Subconsultants: Drafting: Electrical: Inspection: Paul Sargeant Clif Whitmore Larry Martin COUNTY's RESPONSIBILITIES 1. Provide Record Drawing Information o. ~xisting South Water Treatment Plant. 2. Provide contacts within the COUNTY that will be tasked to operate the new chemical feed systems and high service pump station. 3. Attend the Kick Off Meeting. 4. Pay Required Permit Fees. 5. Participate in Design Reviews. COMPENSATION For the professional services set forth in Tasks A, B, C, and D, the COUNTY shall pay ENGINEER on a not to exceed basis for time and materials up to $ Attachment No. 2 provides the basis of the fee calculation. The not to exceed for time and materials fee is based upon the Contract Billing Rates Schedule (Attachment A to Contract# 00-3119 "Professional Utility Engineering Services"). Compensation for the services provided shah be due and payable monthly based on the time and material costs for the work completed and approved by the COUNTY. Page 23 of 25 V \Prcposal$~Collier County~,Waler~Scope Cotlier County SCRWTPIO. 10.~'3 .doc Design, Permitting, Construction, and Operations and Maintenance Services for Modifications and Upgrades to the Chemical Building High Service Pump Station and Odor Control Area ! 0/13/03 ATTACHMENT NO. 1 ANTICIPATED SHOP DRAWINGS 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. 30. 31. 32. 33. 34. Project Schedule Submittal Schedule Ductile Iron Pipe and Fittings Chemical Feed PVC Piping Hydrofluosilic Acid Chemical Feed System Equipment Polymer Feed System High Service Pumps and Motors High Service Pump Piping Yard Piping Laying Schedule Air and Vacuum Release VaIves Butterfly Valves Check Valves Reinforcing Steel for Miscellaneous r, ds Concrete Mix Design and Certificw Cement Grout Electrical Boxes Electrical Switches, Devices and Receptacles Electrical Raceways, Conduits and Connectors Electrical Bodies and Hubs Electrical PVC Conduit and Fittings Electrical Wires and Cables Electrical Grounding Systems Electrical Lighting Systems Elec~ical Motor Control Center Var~; -' 'vquency Drives Proc¢ss LtL. trumentafion and Controls Painting and Coatings Miscellaneous Metals, Gratings, etc. Miscellaneous Metals PVC Water Stop Aluminum Doors and Frames Exhaust Fans Pre-Engineered Metal Canopy Vg, Proposals~Collier County\Water, Scope Collier County SCRW-FPIO. 10 03. doc Page 24 of 25 AGENDA DEC 1 Ii 2003 Design, Permitting, Construction, and Operations and Maintenance Services for Modifications and Up~ades to the Chemical Building High Service Pump Station and Odor Control Area 10/I 3/20O3 ATTACHMENT No. 2 I I Total Task Description Costs Task A. Project ManaBement and Plant En9ineerincj Services (not to exceed for time and materials) $122,338 !Task B. Expedited Work (not to exceed for time and materials) $293,695 Task C. Design Report Services (not to exceed for time and materials) $193,443 Task D - Additional Services (not to exceed for time and materials) $81,186 TOTAL $690,664 Page 25 of 25 A¢£NOl II,ri I~0.~ DEC 1 21 EXECUTIVE SUMMARY APPROVE WORK ORDER HS.FT-04-01 FOR UTILITY ENGINEERING SERVICES RELATED TO NORTH COUNTY REGIONAL WATER TREATMENT PLANT WELLFIELD RELIABILITY, PROJECT 71006, IN THE AMOUNT OF $622,350 OBJECTIVE: To provide a sufficient number of water supply wells to avoid a potential water supply deficit and/or disruption to water service in the event of an unplanned problem with an existing well. This will be achieved by adc lng three additional brackish water supply wells in advance of the need to repair or replace an existing well. CONSIDERATIONS.: On June 24, 2003, Agenda Item 10(H), the Board heard a staff report and approved funding related to the need for water reliability improvements in both the reverse osmosis production facility and the brackish water supply wellfield serving the North County Regional Water Treatment Plant. Additional brackish water supply wells were recommended because of a concern that the County's wells tapping the brackish waters of the Lower Hawthorn aquifer were showing a trend of increasing salinity. Since then, staff facilitated a study by Water Resources Solutions, Inc. (WRS) titled ,' 2003. In that '~' T p NCRWT Brackish Water Wellfield Well Siting Evaluation dated September report, WRS evaluated how many wells the existing County park and School Board property could support given the relatively close proximity to the existing County wells. This property is located east of CR951 north of Vanderbilt Beach Road Extension. WRS recommended that any new Lower Hawthorn well sites be "adequately separated" from current wellfield, or that Mid-Hawthorn wells be added. It is recommended that two reliability wells be installed on ihis County property. Currently, there are total of 16 wells of which nine wells are available for continuous duty, three are questionable due to various reasons, and four are not available because of high salinity. The NCRWTP needs at least eight wells to operate the 8-MGD reverse osmosis proceSs. Of the three questionable wells, one is experiencing a trend of higher salinity and is being rested as much as possible. One is out-of-service because the well produces sand with the water. And, one is not used because of low yield. Staff believes that on-going efforts to restore the three questionable wells for reliable service remains uncertain. The proposed wells will be located on readily-available property for reliability. Although the hydrogeologic assessment recommended no more than two wells, the proposed scope of work is to provide three wells to tap the Lower Hawthorn aquifer, but at all times to operate only two of the three wells at any given time due to groundwater drawdown concerns. DEC 1 6 20 13 L?, ' , · Executive Summary Approve Work Order HS-FT-04-01 Page 2 The proposed scope of work also includes the possibility of adding wells that would also tap the Mid Hawthorn aquifer. Professional engineering services on this project are to bt: provided by Hazen & Sawyer (Consultant) under a proposed Work Order. The proposed services include all services from design through final completion. The proposed scope of work consists of preliminary design, final design, permitting, services &,ring construction bidding, construction contract administration, detailed observation during construction, and additional services. Staff has negotiated a Work Order with Hazen and Sawyer and determined the scope and fees to be fair and reasonable. The scope of the work order is consistent with the intent of the Fixed-Term Utility Engineering Services Contract pursuant to RFP 00-3119. The fees are commensurate with the level of complexity and order ol:' magnitude of this project. The number of design hours per drawing sheet is less than 40 hours per sheet, which is below the industry standard of 60 to 80 hours per sheet. The low number of design hours per sheet is appropriate given the mix of relatively simple civil drawings for work in undeveloped lands with more complex mechanical, structural, electrical, and instrumentation drawings for the wells and well heads. The total proposed fees are 18.8 percent of the planning-level estimated construction cost of $3,300,000. The proposed method of compensation is time and reimbursable expenses with an upper limit cost-not-to-exceed. The proposed compensation method is appropriate because this project must adhere to an accelerated, yet achievable schedule to provide additional wells by November 2004 in order to be available for peak season 2005. The proposed approach contemplates two separate bid packages and possible direct purchases of long-lead equipment in order to reduce project delivery time. A copy of the proposed work order is attached. FISCAL IMPACT: Funds in the amount of $622,350.00 are available for this project. The proposed scope of work is consistent with funds budgeted in FY 04 for Project 71006, NCRWTP RO Wellfield Reliability as approved by the Board on September 18, 2003. The requested funding is for services that are consistent with the 2002 Update to the Water Master Plan as adopted by the Board on February 25, 2003 as Agenda Item 10(A). The source of funds is Water User Fees (412). GROWTH MANAGEMENT IMPACT:_ There is no impact on growth management r-elated to this project. re"'" DEC I 6 2003 Executive Summary Approve Work Order HS-FF-04-01 Page 3 RECOMMlgNDATIONS: That the Board of County Commissioners, as the Ex-officio Governing Board of the Collier County Water-Sewer District, approve and authorize the Public Utilities Engineering Director to execute Work Order HS-FT-04-01 related to the NCRWTP Wellfield Reliability Improvements, Project 71006. 7 ]-%z '5 :_'.c .......... Date: ,t!2/,:, Karl W. Boyer, P.E., Utilities Engmeenng Principal Project Manager Stephen Y. Camell, Purchasing t~rcc REVIEWED Paul }/fatta[sch, Water Date: REVIEWED BY: ~{,~ ::~ z~- kLt~_~ Date: Roy B. Anderson, P.E., L"t, ~neering Director Cme~)-DeLony, P.E.. p~d>~:Xit,litics AOministrat DEC } 2003 WORK ORDER HS-FT-04-01 Agreement for Fixed Term Utilities Engineering Services Contract #00-3119 Dated April 10, 2001 This Work Order is for professional engineering services for work known as: Project: Fast Track Water Supply Wells for the North County Regional Water Treatment Plant The work is specified in the proposal dated November 21, 2003, which is attached hereto and made a part of this Work Order. In accordance with the Terms and Conditions of the Agreement referenced above, Work Order HS-FT-04-01 is assigned to Hazen and Sawyer, P.C. Scope_ of Work: This work order provides engineering services for the design, permitting, construction administration, construction observation, startup and testing, and training support for the addition of three new water supply wells and associated pumping systems to convey raw water to the North County Regional Water Treatment Plant. The work authorization is broken down into tasks as follows: Task 1 - Preliminary Design Task 2 - Final Design Task 3 - Permitting Task 4 - Construction Bid Services Task 5 - Construction Contract Administration Task 6 - Detailed Observation Task 7 - Additional Services Schedule of Work' The duration of major work tasks are summarized below: Description Completion Time from Notice-to- Proceed^ Task 1 - Preliminary Design 13 weeks Task 2 - Final Design · Bid Package A - New Wells (Bid Set) 14 weeks Bid Package B - Pumping and Transmission Facilities (Bid Set) 16 weeks Task 7 - Additional Services · Draft O&M Manual update I 6 weeks after closeout of construction for Bid Package B ?Vote A: Unless otherwise noted Page I of 2 i -- AGENDA ITEM! OEC I 6 2003 PG. WORK ORDER HS-FT-04-01 Agreement for Fixed Term Utilities Engineering Services Contract #00-3119 Dated April 10, 2001 Compensation: In accordance with Article Five of the Agreement, the County will compensate the Firm in accordance with the negotiated time and material sum amount indicated in the schedule below (if a task is time and material, so indicate and use the established hourly rate(s) as enumerated in Schedule "A" of the Agreement). The compensation for engineering services provided under this work order shall be on a Time and Material basis with a not-to-exceed amount of $622,350.00. A cost breakdown by task for engineering services described in this work order follows: Description Time and Materials Not-to-Exceed Fee Task I - Preliminary Design $ 56,940.00 Task 2 - Final Design 208,390.00 Task 3 - Permitting 43,410.00 Task 4 - Construction Bid Services 23,590.00 Task 5 - Construction Contract Administration 110,620.00 Task 6 - Detailed Observation 122,120.00 Task 7 - Additional Services 57,280.00 Total - Labor and Expenses (Not-to-Exceed) $622,350.00 Any change within monetary authority of this Work Order made subsequent to final department approval wilt be considered an additional service and charged according to Schedule "A" of the Agreement. Karl W. Boyer, P.E., PU~ED Principal Project Manager ;~)ate' AUTHORIZED BY: Stephen Y. Carnell, Purchasing Director Date AUTHORIZED BY: Paul Mattausch, Water Director Date APPROVED BY' Roy B. Anderson, P.E., Utilities Engineering Director Date Approved as to Form and Legal Sufficil/~ / Assistant County Attorney Witnesses (2) ACCEPTED BY: Date' I\ ")~-0"~ By: Patrick A. Davis, Vice President Hazen and Sawyer, P.C. Project Number: 710061 Page 2 of 2 DEC 1 6 2003 ATTACHMENT A Collier County County Work Order HS-FT-04-01 H&S Job No. 41010 Fast Track Water Supply Wells for the North County Regional Water Treatment Plant Date: November 20, 2003 PREAMBLE The Board of County Commissioners of Collier County (hereinafter COUNTY) requested Hazen and Sawyer, P.C. (hereinafter CONSULTANT) to provide engineering services for the fast track design and construction of three new water supply wells to supply raw water to the North County Regional Water Treatment Plant (NCRWTP). Currently, the North County Regional Water Treatment Plant is supplied with raw water from Lower Hawthorn (brackish water) raw water supply wells. Over the last two years, western wells have shown a trend of increasing salinity. Remedial action has been successful in improving only one of the wells. The Lower Hawthorn wells in this region typically produce 1 million gallons per day. The NCRWTP currently has a sufficient number of operating raw water supply wells to meet finished water production demand through peak season 2004. However, if an existing raw water supply well is removed from service for maintenance there is insufficient pumping capacity in the remaining wells to meet peak demands. Additionally, pumping of more western located wells during peak demand has the potential to increase western well salinity. Consequently, new eastern raw water supply wells are required to avoid a potential water supply deficit and/or disruption to water service in the event of an unplanned problem with an existing well. This will be achieved by adding three additional Lower Hawthorn brackish water supply wells in advance of the need to repair or replace an existing well. These new "reliability" wells will provide redundancy in the wellfield syste~ so that existing wells can be removed from service without causing a disruption in finished water production. To add more Lower Hawthorne wells, the County must secure the property for wells, and utility access easements for raw water transmission mains and electric power lines. There is readily available property on a future County park site and future County School site adjacent to the existing wellfield that may be able to support up to 3 wells. It is recognized that the proposed sites are relatively close to the existing well sites. This raises concerns about the negative effects on groundwater drawdowns when wells are clustered too close together. The County recognizes that a hydrogeologic assessment must be made to determine the number of wells that the County park and County school sites can support without interfering with the normal operation of the existing ,,,/ells. Given the urgent need for these three new wells they should be spaced as widely apart as possible to reduce the potential for groundwater drawdowns. The COUNTY's goal is to have the three new "reliability" water supply wells equipped and operational no later than November 1, 2004 to meet the peak seasonal water demands. Consequently, the COUNTY recognizes that this project must be fast tracked to attain this ,qoal. ,~o. /~ ,~-[ ~ utc I 6 2003 This work order provides engineering services for the design, permitting, construction administration, construction observation, startup and testing, and training support for the addition of three new water supply wells and associated pumping systems to convey raw water to the North County Regional Water Treatment Plant. The work authorization is broken down into tasks as follows: Task I - Preliminary Design Task Task Task Task Task Task 2- Final Design 3 - Permitting 4 - Construction Bid Services 5 - Construction Contract Administration 6 - Detailed Observation 7 - Additional Services Due to the nature of well construction and construction of the facilities to equip new wells with pumping system the work will be designed and constructed as two bidding packages. The bid packages shall be as follows: Bid Packaqe A - New Wells: This bid package shall include the construction of three new wells. The contract documents shall include drilling and performance testing of the three new wells. Bid Packaqe B - Pumping and Transmission Facilities This bid package shall include the construction of pumping, piping, electrical, controls, structures, startup and testing of two new wells. -: ;s bid packa .~g¢~ shall include the following: · New transmission system piping to connect the new wells to the existing transmission system; · Pumping systems; · Primary power supply system, backup power generator, and instrumentation and control system; · Air conditioned or ventilated enclosure at the electrical distribution well house building to house solid-state control equipment; · Security fencing around each well; · Utility operations and maintenance access road(s) to the new well sites; · The COUNTY recognizes that it may be desirable to revised the pump and motor selection after completion of the well performance testing conducted dudng construction of Bid Package A. Based on preliminary discussion with the COUNTYthe following criteria shall be considered during design: 1. The project shall include the design, construction, equipping, and connection of three new wells to the existing transmission system. 2. The existing wells in the wellfield terminate in the Lower Hawthorn Formation. The new wells shall also terminate in the Lower Hawthorn Formation. The Lower Hawthom wells are anticipated to produce about 1 million gallons per day. However, the preliminar, O:/HS-FT-O4-O1-ATTACHMENTA/11_20_03 Page 2of20 DEC report shall assess additional costs to construct the wells as dual zone wells with the second zone well terminated in the mid-Hawthorn formation. The mid-Hawthorn formation well is anticipated to produce about 0.5 million gallons per day. The COUNTY shall select whether or not to construct the wells as dual zone wells after review of the preliminary design report; 3. The detailed design of the new well construction shall require the contractor to perform aquifer performance testing of the mid-Hawthron formation during construction of the Lower Hawthorn wells; 4. The design of mid-Hawthorn wells is not included in this Work Order. This contract may be amended at the request of the COUNTY to include engineering services for the design, permitting and construction administration services to provide the new well sites as dual zone wells with a mid-Hawthorn and Lower Hawthorn well; 5. The operational strategy for the new equipped wells will be to operate them when other wells are down for maintenance. Therefore, no increased allocation in the COUNTY's consumptive use permit is anticipated; 6. New wells shall be spaced approximately 0.25 miles apart; 7. Pump type and materials of pump column, well casing and transmission piping shall match materials of the existing wellfield. 8. Primary power quality issues related to voltage surges, phase imbalance and intermittent outages have been identified by the COUNTYand need to be accounted for in the detailed design; 9. Coordinate with FPL to size the power suppI,, for wells on the County School property such that power can be provided for the future school with minimal additional FPL improvements; 10. Provide new wells and transmission piping with pig launching facilities; 11. Compliance with COUNTY noise ordinance is a key County goal. The design shall provide for extra sound attenuation measures if warranted; 12. Design and construction of utility operations and maintenance access road(s) to the new well sites is required; 13. The raw water transmission hydraulic analysis and surge analysis should include a scenado where all three new wells are constructed as dual zone wells with all new mid and Lower Hawthorn wells operating simultaneously. The work in each will be dependent on recommendations developed in preceding phases. Consequently the fees tor the scope of services can only be roughly estimated at this time. Due to the fast track nature of this project, the scope and fee will be roughly estimated and included in this work authorization on a time and matedal basis with a maximum not-to-exceed upper limit. This approach will allow the project to proceed on the fast track basis requested by COUNTY. As the project progresses and the scope of work is better defined, the scope and fees will be equitably adjusted as needed. SCOPE OF SERVICES O.'/HS-FT-04-O 1 - A TTA CHMENT A/11-20-03 Page 3 of 20 ACk,IDA IT£# IIF ,~0. ~~i~ DEC 1 6 2003 PG. ~ TASK 1 - PRELIMINARY DESIGN 1.1 - Well Procurement Memorandum Prepare a memorandum discussing feasibility of alternative procurement options for fast track well construction. Options shall include "piggybacking" and conventional design, bid, and award. The memorandum shall include discussion on advantages and disadvantages of the options considered. The approach selected by the COUNTY shall be incorporated into the preliminary design report and implemented dudng final design. 1.2 - Preliminary Well Site Selection and Pipeline and Power Route Analysis Based on preliminary discussion with COUNTY staff there is readily available property on a future County park site and future County School site adjacent to the existing wellfield that may be able to support up to three wells. The COUNTY'has not acquired easements for the well sites, pipeline or the FPL power to the new well sites. Meet with COUNTY staff and others identified by the COUNTYto identify possible locations of the production well sites. Information necessary to determine suitable locations will be based on land use, property ownership, and compliance with the requirements of Florida Administrative Code (FAC) 62-532 "Water Well Permitting and Construction" and 62-555 "Permitting, Construction, Operation and Maintenance of Public Water Systems". Identify potential pipeline routes from the new wells to a connection with the existing raw water transmission system. This task also include Jentification.of.the likely route for Florida Power and Light (FPL) to provide primary power the ~,.~w wells. Preliminary pipeline route study shall also consider future wellfield expansion based on the best available information of the day. Preliminary pipeline sizing and hydraulic analysis shall consider the potential for future wellfield expansion to the north of County school si[e. It is recognized that future wellfield expansion scenarios are uncertain. Pipeline sizing shall be based on the best available information at the time of the analysis. Develop a preliminary plan that includes an aerial image that shows the existing water treatment plant, the approximate location of the existing wells, the approximate location of the proposed wells, the likely sources of primary power, the preliminary route for power from the existing primary power source to the new wells, and the likely route for the raw water transmission pipeline to convey water from the new wells to the existing transmission system. Coordinate with FPL to identify likely power routes and preliminary assessment of easement requirements. After initial meetings with FPL meet with County school board and County Parks and Recreation Division stalls to discuss preliminary well sites, pipeline routes, and FPL power routes. Discuss advantages that the project offers to County school board and County Parks and Recreation Division (e.g., Parks gets a nature trails with the new wells access roads and School gets power for the future school). During meetings with the County school board and County Parks and Recreation Division staff the approach to the disposal of water from trench dewatering and well development will be discussed. The intent of this discussion is to gain agreement from the County school board and County Parks and Recreation Division that construction water may be disposed of on their properties. _ I'"[ DEC 1 6 2003 O.'/HS-FT-04-01 - A TTACHMENT A/11-20-03 Page 4 of 20 PG. ~;I This analysis of potential pipeline routes shall be completed in conjunction with raw water transmission system modeling prepared under Task 1.3. This task will assume pig launching / retrieval stations will be incorporated into the final design of the recommended pipe route. 1.3 - Preliminary Hydraulic Analyses This task includes development of a raw water transmission system model. The model will be used to evaluate the system under steady state conditions. The model will be used in conjunction with other work elements to evaluate the sizing and selection of raw water transmission system p;ping and pumping systems. The computer model shall utilize WaterCAD hydraulic modeling software. The new wells will be at the most extreme upstream end of the raw water transmission system. Consequently, a preliminary surge analysis shall be performed and the results shall be included in the preliminary design memorandum. The purpose of the preliminary surge analysis is to determine if improvements the wellfield surge protection system are required. The County reports that the North County Regional WTP includes a hydropneumatic tank for raw water transmission system surge suppression. The operational and mechanical status of this system is unknown. Conduct interviews with plant staff and collection information on the design and operational status of the existing system necessary for the surge analysis. Design of improvements to correct deficiencies in the surge system is not included in this work order. This work order may be amended at the request of the COUNTYto provide additional engineering services for the design of improvements to the wellfield surge suppression system. Due to the fast track nature of this project the computer models of the raw water transmission system shall not be calibrated. The models may be calibrated under a future work assignment at the discretion of the County. The COUNTY recognizes that the final determination of pumping-unit sizing criteria (i.e., Total Dynamic Head and motor size) cannot be known until the new wells are constructed and the well hydraulic performance testing results are available. Due to the fast track nature of this project the preliminary piping, pumping and electrical system sizing must proceed using conservative assumptions. As a result, this preliminary assessment will assume the following: · Maximum well hydraulic capacity is assumed to be 1,000 gallons perminute; · Design pumping rate for the new well pumps is assumed to be 1,000 gallons per minute; Reasonable values for the static water level and drawdown level in the new wells shall be assumed based on discussion with COUNTY staff. If needed COUNTY will perform drawdown and pumping tests on existing production wells; The backpressure at the connection between the new and the existing raw water transmission piping shall be assumed based on discussion with COUNTY. If required, perform pressure-recording on the existing water supply to pumps to assess the potential backpressure at the connection between the new and the existing raw water transmission piping. The findings of the preliminary hydraulic analyses shall be incorporated into the preliminary design memorandum. j lq /OEC oo3 O:/HS-FT-04-01 -ATTACHMENTA/11-20-03 Page 5 of 20 iPG. /~ . J 1.4 - Electrical Requirements Evaluate proposed wellfield configuration for electrical power distribution system requirements and make recommendations for system configuration. Make contact local power utility (FPL) for preliminary discussion of available options for electrical service. One of the three new wells shall include a backup power generator in a sound attenuation enclosure similar to the existing wells. Primary power shall be supplied from FPL to this generatorwell house. The motor control centers for the other two new well shall be located at this generator well house. The generator shall be sized for simultaneous operation of the three wells. Generator sizing shall also consider operating the wells as dual zone wells. The COUNTYhas identified primary power quality issues. Issues include phase imbalance, voltage irregularity, and intermittent outages. In conjunction with the meetings scheduled with FPL under Task 1.2, review these issues with the COUNTYand FPL and make recommendations regarding electrical device protection equipment that should be included in detailed design. Evaluate proposed wellfield configuration for emergency power distribution system requirements and make recommendations for system configuration. 1.5 - Preliminary Opinion of Probable Construction Cost The .purpose of this task is to prepare a preliminary opinion of the construction cost for the recommended well and raw water transmission pipeline configuration. The preliminary construction cost estimate shall include the well drilling, raw water pumps aw water pipeline, electrical proviSions including generator(s), remote monitoring and control system and pig launching stations. 1.6 - Preliminary Project Delivery Schedule The purpose of this task is to prepare a preliminary project delivery schedule that includes design, permitting, bidding, and construction. The schedule shall be prepared for the overall project; however, the activities will be divided between bid packages A and B. The schedule shall be prepared using Microsoft Project 2000. 1.7- Wellfield Operation Plan The preliminary design technical memorandum shall include a wellfield operation plan and sequencing protocol for coordinating the startup of treatment plant membrane skids with wellfield pumping units. The operation plan shall include preferred wellfield operating protocol based on discussion with plant operating staff. 1,8 - Saltwater Monitoring Network Recommendations The preliminary design technical memorandum shall include a brief discussion of current issues related to increasing salinity in the COUNTY's wellfields and make recommendations regarding the development of a saltwater monitoring network to protect the long term sustainability of the wellfield operations. Recommendations may include further studies and/or construction of a preliminary set of monitoring wells. The work order does not include the engineering services to implement the saltwater monitoring network recommendations. DEC 1 6 2003 O:/HS-FT-04-01 - A TTACHMENT A/11-20-03 Page 6 of 20 PG. //' 1.9 - Preliminary Design Technical Memorandum Prepare a draft preliminary design technical memorandum that incorporates the findings developed during Task 1. Eight (8) copies of the draft preliminary design technical memorandum shall be submitted to the COUNTY. Attend one meeting with the COUNTYto collect input on the draft memorandum. This meeting will be scheduled within two week of submittal of the draft memorandum. Comments received during review of the draft preliminary design technical memorandum review meeting shall be incorporated and a final version of the memorandum shall be prepared. Eight (8) copies of the final preliminary design technical memorandum shall be submitted to the COUNTY. TASK 2 - FINAL DESIGN 2.1 - Engineering Design Survey Employ the services of a Certified Land Surveyor in the State .of Florida (SURVEY SUBCONSULTANT), to perform an Engineerin9 Design Survey. The Engineerin9 Design Survey shall include the following: In the survey area locate all existing aboveground pipes, valve boxes, watedelectrical meter boxes, electrical pull boxes, telephone/cable risers, fences, hydrants, aboveground utilities, wood/concrete utility poles, overhead electrical lines, culverts, guardrails, pavement limits, headwalls, endwalls, manholes, vaults, mailboxes, driveways, side streets, right-of-ways limits, landscaping, traffic signage, other signage and any other improvements; o Provide boundary survey information that identifies all utility, drainage, electric power, and canal easements and rights-of-way; and provide information on existing zoning and setbacks for each zoning code within and adjacent to the survey area; Within the survey area survey the locations of vegetation and individual trees (native and exotic). Trees greater than four (4) inches in diameter shall be located and identified as to caliper and type; Produce a complete engineering design base map (geometric control plan) including all right-of-ways, easements and plats. The surveyor shall attempt to locate front property corners throughout the project. Data shall be compiled from recorded plats and field located property corners. Establish horizontal and vertical survey base line at 100-foot stations, nails set at 50-foot stations, cross sections at 25-foot stations and benchmark set at every 300- feet stations. The Geometric Control Plan shall be related to the Florida State Plan Coordinates and shall be based on NAD 1983/90. O:/HS-FT-04-O 1 - A TTA CHMEN T Al11-20-03 Provide legal description(s) of the properties where the three new wells will be located. The COUNTY Real Property agent will acquire the easements needed for the three new well locations. .o. DEC Page 7 of 20 PG. Provide a general description, including aerial photo, showing the location of the proposed raw water transmission pipeline and new FPL power supply. The COUNTY Real Property agent will provide all services (including legal description survey) to acquire the easements needed for the proposed raw water transmission pipeline and new FPL power supply. 2.2 - Geotechnical Investigation CONSUL TANT shall employ the services of a geotechnical specialty firm, to perform the following work: Perform soil borings, in accordance with the Standard Penetration Tests (ASTM D-1586) procedure. One boring shall be performed approximately every 500 feet along the pipe route. An average depth of 15 feet per boring has been assumed. Prepare a Geotechnical Report to provide recommendations on the foundation design for new structure (i.e., the generator enclosure and the pump control and electrical enclosure) associated with the new central well house. Recommendations shall include recommended sub-surface preparation procedures, inspection requirements and testing requirements. Geotechnical Report shall include recommendations on pipeline trenching, backfill and compaction. 3. Geotechnical Report shall provide recommendations on dewatering requirements during construction. 2.3 - Prepare 60% Contract DOcuments Upon receiving final acceptance of the Preliminary Design Report from COUNTY, commence preparation of the preliminary design (i.e., 60% design stage) contract documents (i.e., drawings and technical specifications). Prepare contract documents for two bidding packages. The Bid Packages shall be designated A and B as described above. The COUNTY will decide the procurement approach of Bid Package A (i.e., p'ggybacking" or competitive bidding based on results of the memorandum furnished under Task 1.1 ). The COUNTYwill competitively bid the Bid Package B. Prepare cost estimates to provide COUNTY with an up to date progress estimate of projected probable construction costs. Estimates will be prepared and forwarded to COUNTY at the 60 percent design completion stage. Schedule review meetings/workshops to receive input at the 60 percent design completion stage of each bid package. Based on comments received make subsequent revisions to the documents. This does not include out of scope changes outside of the recommendations identified in the final preliminary design memorandum. Furnish eight (8) sets of the 60% contract documents and 60% opinion of probable construction cost for each bid package. 2.4- Prepare Final Contract Documents O:/HS-FT-04-01 - A TTACHMENT A/I 1-20-03 Page 8 of 20 Based on input received at review meetings during the preliminary design phase and associated design reviews prepare the final (100%) contract documents (i.e., drawings and specification) and cost estimate for each bid package. During preparation of final contract documents finalize the preliminary transmission system hydraulic modeling and the preliminary surge analysis prepared during Preliminary Design. Conduct a 100 percent completion stage project peer review of each bid package, to provide QA/QC of the final contract documents and cost estin ate prior to submittal. The review shall include final interdisciplinary checks, general coordination and constructability issues, and shall be conducted by senior level personnel not involved in the day-to-day activities of the project to ensure a "fresh eyes" review. Furnish eight (8) copies of a memorandum summarizing the results of the 100 percent completion stage project peer review. Furnish eight (8) sets of the final (100%) contract documents and opinion of probable construction cost for each bid package. Approximately two (2) weeks after delivery, of the final (100%) contract documents schedule a final review meeting so that any changes that may be necessary to meet the project's budgetary requirements can be incorporated. This dces not include out of scope changes outside of the recommendations identified in the final preliminary design memorandum. Furnish eight (8) sets of the final contract documents for each bid package, revised per items addressed under final review meeting. TASK 3 - PERMITTING 3.1 - Construction Permitting Coordinate and attend up to four (4) meetings with the following regulatory agencies to discuss the requirements for acquiring pre-bid construction permits for this project. · Collier Cc~ ~ ~velopment and Environmental Services Division · Florida Departmunt of Environment Protection (FDEP) · Collier County Health Department · Collier County Building Department Water Well permitting section Coordinate contact with these agencies through the COUNTY Project Manager. Prepare permit applications required for the construction of the new facilities. Completion of the following permit applications are assumed: One application for new fuel storage tank associated with the backup generator; One FDEP permit application for construction of the pumping and transmission facilities required by 62-555 "Permitting, Construction, Operation and Maintenance of Public Water Systems"; ~GE.O* ~'i .o./4, ¢---. Page 9 of 20 O:/HS-FTo04-O 1 - A TTA CHMENT Al11-20-03 DEC 1.6 · Three Site Development Applications required by the Collier County Development and Environmental Services Division. Prepare up to three (3)written response to the regulatory agencies request for additional information (RAI) regarding each permit application referenced above. It is assumed that the Bid Package A and B contractors shall be responsible for the following: · Obtaining the water well construction permit required by the South Florida Water Management District (SFWMD). · Be solely responsible for obtaining bacteriologic clearance in accordance with FAC 62-555. · Preparation, and submittal of Building Department Construction Permits; the contractors shall be responsible for obtaining all building department permits. It is assumed that the contractor will assist the COUNTY in collection of water samples and the COUNTYperform all laboratory analyses for bacteriological clearances. It is also assumed that the COUNTY shall perform the first laboratory analysis for bactedolog cai clearances free of charge. If retesting is required due to a positive bacteriological result then the contractor s retesting, ha I pay for all 3.2 - Water Use Permitting Assistance Determine what water use permit modifications will be required by the SFWMD to allow construction of the new wells. Attend up to three (3) meetings with the South Florida Water Management Distdct (SFWMD) to discuss the requirements for obtainin9 a modification of the COUNTY's Consumptive Use Permit (CUP) for construction of the new water supply wells. Review the proposed new well configuration with the SFWMD. Draft up to three (3) letters addressed to the South Florida Water Management District for COUNTY signature. The letters will request the proposed new well configuration. It is assumed that a modification to *~ ~ ~ ;,, .... x,~t,,,g water use permit will not be required as the proposed wells are to serve as backup wails with no increase in allocation requested. Therefore, this task does not engineerin9 services to prepare an application for the modification of the COUNTY's Consumptive Use Permit. This work order may be amended, at the request of the COUNTY, to provide additional engineering services to prepare an application requesting a modification of the COUNTY's Consumptive Use Permit. 3.3 - Conditional Use Applications Prepare and submit the "Application for Public Hearing for: Conditional Use" form for the new wells and associated pumping and transmission facilities. Preparation of the "Application for Public Hearing for: Conditional Use" form includes preparation of all necessary additional documents including legal descriptions, narrative statement describing the request for conditional use, pre- application meeting notes, 24" x 36" conceptual site plan, Environmental Impact Statement (ELS) as required by Section 3.8. of the Land Development Code (LDC), etc. 0.7'HS-FT-04-O 1 - A TTA CHMENT A/11-20-03 Page 10 of 20 ,oZ_/., ¢_-. DEC 1 6 2003 PG. /-~' This work order does not include assistance with re-zoning of the properties proposed for construction of the new water supply facilities. 3.4 - New Production Well Completion Report The purpose of this task is to prepare a report that summarizes the data collected during well construction. Additionally, the report shall analyze the data collected during well performance testing to evaluate the specific capacity for each well. This data will be used during the selection of pumps during detailed ,design of Bid Package B. Four (4) copies of the Draft Well Construction Report will be submitted to the COUNTY. A meeting shall be scheduled within two week of submittal of the draft report to the COUNTY. The purpose of the meeting is to collect COUNTY input on the Draft Well Construction Report. Issue meeting minutes summarizing the meeting. Comments received from COUNTY during review of the Draft Well Construction Report Review Meeting shall be incorporated and a final version of the report shall be prepared. Ten (10) copies Final Well Construction Report will be submitted to the COUNTY. Task 3.5 - Building Department Permit Assistance Supply the contractor with three (3) signed and sealed bid-set contract documents for the contractor to apply and a~quire a Collier County Building Department permits. The contractor shall be responsible for obtaining the building department permit. Assist the contractor obtain a construction permit from the Collier County Building Department. Assistance shall include, correspondence with the Bid Package A and B contractors and Collier County Building Department, coordination and attendance at meetings with the Collier County Building Department to address comments regarding the design intent, revisions of drawings and specifications as required to meet the requirements of the Collier County Building Department. TASK 4 - CONSTRUCTION BID SERVICES Services to be provided during the bidding and award phase are as follow: 1. Attend pre-bid meeting with prospective bidders; 2. Prepare and issue addenda as appropriate to interpret or clarify contract documents; 3. Provide COUNTYwith a recommendation as to the acceptability of subcontractors, suppliers and other persons and organizations proposed by the bidders for those portions of the work as to which such acceptability is required by the contract documents; 4. Provide COUNTYwith a recommendation to make a contract award, as necessary. TASK 5 - CONSTRUCTION CONTRACT ADMINISTRATION 5.1 - General Management O.'/HS-FT-04-01 - A TTACHMENT A/11-20-03 Page 11 of 20 DEC I 6 208 Provide necessary services for the management of engineering services during the construction period. Such management act v ties shall include project coordination with the COUNTY, contractor and resident project representative. General management shall also include scheduling specialty inspections, and general correspondence with COUNTY, construction contractor and subcontractors. Maintain orderly files for correspondence reports of job conferences, shop drawings and sample submission, reproductions of original Contract Documents including all change orders, field orders, additional drawings issued subsequent to the execution of the contract, clarifications and interpretations of the Contract Documents, progress reports, and other project related documents. Receive and Icg all correspondence, change orders, shop drawings, and submittals received from the contractor using the network based Expedition software system. 5.2 - Contract Interpretations and Clarifications Issue necessary technical interpretations and clarifications of the Contract Documents in a timely manner. Make recommendations on requests of the contractor and the COUNTY as to the acceptability of construction or the interpretation of the technical requirements of the Contract Documents. 5.3 - Change Orders Review the technical appropriateness, project cost and/or schedule impacts because of changes submitted by the contractor, requested by the COUNTYor recommended by the CONSULTANT. Changes may be the result of unforeseen conditions or interferences identified by the contractor during the routine progress of work, inadvertent omissions (betterment) issues in the contract documents, or additional improvements requested by the COUNTY after the project bid date. Comment on the technical aspects and impact of the change request in terms of project cost and schedule. Prepare change orders and negotiate all changes in contract time and cost with the contractor. Prepare an analysis of the change request indicating reasons for acceptance, references to applicable sections of the contract documents that validate or disclaim the change request, and if accepted, a statement noting that the requested cost / schedule impacts are fair and reasonable. Prepare, recommend and submit for COUNTY's approval such change orders. Services do not include claims analysis or litigation support. 5.4 - Work Change Directives Due to the fast track nature of this project, the COUNTY authorizes CONSUL TANT to issue work change directives. A work change directive shall be a written directive to the contractor issued after contract execution, signed by the COUNTY and recommended by the CONSUL TANTordering an addition, deletion or revision in the work. A work change directive shall not change the Contract price or time, but is evident that the parties expect that the change directed or documented by a work change directive will be incorporated into a subsequently issued Change Order following negotiations by the parties as to its effect, if any, on the Contract Pdce or Contract Time. O.'/HS-FT-04-O 1 - A TTA CHMENT A/11-20-03 Page 12 of 20 Issue work change directives only when necessary to avoid potential project delivery delays associated with the time needed to negotiate and p~cess change orders. 5.5- Shop Drawings Review shop drawings and any other submittals (except detailed construction progress schedules) that the contractor is required to submit by the Contract Documents. Reviews shall be completed ,?ithin twenty-one (21) calendar days of CONSUl_ TANT's receipt of the submittal except for special items requiring longer review time if so noted in the Contract Documents. The review shall be for conformance with the design intent and compliance with the information presented in the Contract Documents. Determine the acceptability of materials and equipment proposed by the contractor. Shop drawings shall be returned to the contractor with CONSULTAN'Ps written comments and recommendations concerning their completeness under the Contract Document. Retain one copy of each shop drawing for delivery to the COUNTY at the end of the project. 5.6 - Pay Requests Review the construction contractor's monthly applications for payment and accompanying data and recommend approval of payments due to the construction contractor. CONSULTANT's recommendation of any payment requested in an application for payment shall constitute a representation by CONSULTANT to the COUNTY' as an experienced and qualified professional, that based on CONSULTANT's Resident Project Representative on-site observations of construction in progress; that, to the best of CONSULTANT's knowledge and belief, that construction has progressed to the point indicated and that the quality of construction is in substantial accordance with the Contract Documents. Process pay requests in accordance with the Florida Prompt Payment Act. All incoming invoices processed by CONSUL TANT shall be mechanically stamped with the date received. 5.7 - Construction Schedule Submittal Review The contractor shall be required to submit detailed construction progress schedules on a monthly basis. Review the contractor's progress schedule for acceptance. Acceptance shall demonstrate that the schedule is acceptable with respect to the Contract Documents. TASK 6 - DETAILED OBSERVATION 6.1 - Resident Project Representative Furnish Resident Project Representative (RPR) to observe performance of the work for Bid Package A and one RPR for Bid Package B. The RPR duties and responsibilities for Bid Packages A and B are as follows: O.'/H S-F T-0 4-O 1 - A TTA CHMEN T A/11-20-0.3 Construction Observation- Conduct on-site observations of construction in progress to assist in determining if construction is proceeding in substantial accordance with the Contract Documents, and that completed construction conforms to the Contract Documents. Inform o 2o DE6, Page CONSULTANT and the Contractor whenever RPR believes that any construction is unsatisfactory, faulty or defective or does not conform to the Contract Documents, or does not meet the requirements of any inspections, tests or approval required to be made, or has been damaged before final payment. Photo,qraphic Record - Provide a photographic record of the construction, beginning with pre- construction documentation and completing with post-construction photographs. Photographs shall be digital type taken to define the progress of the project and unusual or important construction events as deemed necessary. General Coordination - Coordinate submittal of O&M manuals, operation and maintenance training plans and schedules, startup and testing plans and scheduled, and assist the COUNTY to establish a schedule and venue for training sessions. Oversee substantial and final completion inspections, coordinate delivery of spare pads and warranties, and maintain the punch list. Upon RPR issuance of a punch list for a substantially complete work element, the RPR shall follow up to assure that punch list items are corrected and/or completed. Coordinate Laboratory Testin.q - Coordinate with COUNTY's testing laboratory to schedule water sample collection and laboratory tests as requested by the contractor and required by the Contract Documents. Observe Requlatory A.qency Inspections- Accompany visiting inspectors representing public or other agencies having jurisdiction over the project, record the outcome of these inspections in the daily reports which shall be recorded on CONSULTANT's standard forms. Wi' Daily Lo.q - Keep a daily diary and / or Icg book recording hours on the job site, weather conditions, data pertaining to questions of extras or deductions, list of visiting officials and representatives of manufacturers, fabricators, suppliers and distributors, daily activities, decisions, observations in general and specific observations in more detail as in observing test procedures. Forward the RPR's completed daily logs to the COUNTYon a regular basis. Construction Proqress Meetinqs - Chair periodic progress meetings with the construction contractor and the COUNTY to review project status and identify issues that may affect the project schedule. Such issues may include suggested changes and/or methods to keep the project on schedule (except for the construction contractor's means, methods, techniques, sequences or procedures of construction). Prepare and issue written meeting minutes to the COUNTY and the Contractor. Additional representatives of CONSULTANT (i.e., technical experts, project manager, etc.) shall accompany the RPR as necessary during the construction period as specific needs arise. For Bid Package A, the RPR's duties and responsibilities shall also include the following: Well Performance Testinq - RPR shall coordinate with the well drilling contractor to observe and record hydraulic information during the performance testing of the new wells. The performance testing requirements will be outlined for the well drilling contractor in the Contract Documents. Information to be recorded for use in design of pumping equipment includes: · Pumping rate · Water levels every two minutes during the pumping pedod · Static water level prior to pumping · Drawdown O.'/HS-FT-04-01 - ATTACHMENT A/11-20-03 Page 14 of 20 N0./4' ~ ~'"~- DEC I62003 Geoloqical Lo.ct - Collection and analysis of drill cutting and preparation of a log of drill cutting lithology. 6.2 - Specialty Inspections For Bid Package A, furnish the periodic services of engineering staff experience in water supply well construction to supplement the RPR during the construction period as appropriate to perform specialized inspections associated with work and compliance reporting in accordance with regulating agency construction permit sworn statement requirements. For Bid Package B, furnish the periodic services of the design engineers (i.e., Instrumentation, Electrical, Structural, Mechanical, Plumbing/HVAC, etc.) to supplement the RPR inspections to ensure compliance with the Contract Documen[s. Specialty inspection labor shall include attendance at field meetings requested by the COUNTY. 6.3 - Substantial Completion Inspections Conduct substantial completion inspections when requested by the contractor and the RPR recommends that the work is sufficiently complete to warrant a substantial completion inspection. The following substantial completion inspections are contemplated: · Three (3) substantial completion ~nspections shall be provided for' Bid Package A · Three (3) substantial completion inspections shall be previded for Bid Package B During the substantial completion inspection the inspection staff shall prepare initial punch list items requiring completion or correction to the satisfaction of COUNTY. The RPR shall be responsible for maintaining the punch-list and issuing updates to the punch-list on a periodic basis. Issue up to six certificates of substantial completion as warranted by the project progress. 6.4 - Project Closeout Services Upon the request or Ira. contractor and concurrence of the RPR and the COUNTY, conduct final inspections of portions of the project as they are finished to determine if construction has been completed in substantial accordance with the contract documents and the construction contractor has fulfilled its obligations there under. The following project closeout inspections are contemplated: · Three (3) project closeout inspections shall be provided for Bid Package A · Three (3) project closeout inspections shall be provided for Bid Package B Based on the results of the final inspection, judge the work complete or not complete. If the work is judged complete, issue a "notice of final acceptance and recommendation for final payment". TASK 7 - ADDITIONAL SERVICES O:/HS-FT-04-O 1 - A TTA CHMENT A/11-20-03 Page 15 of 20 AG£ NOA IT£~ DE(; 1 6 21 PG. ,::~O 7.1 - Control System Implementation Management Services Services included in this task pertain to the system integration of the production well control system. For Bid Package B, provide system implementation management services including, technical review of control system operator work station software installation, database configuration, alarm and data reporting development, and related technical services associated with the control and information systems being provided. Review and coordinate data communications, operator workstation HMI graphic displays, and alarms in conjunction with plant operations staffto ensure the completed system specifically addresses the needs of COUNTY. 7.2 - Startup, Testing and Operator Training For Bid Package B, in association with the contractor shall participate in control system field tests,~u~3~ witnessed loop checks, and control system startup (in accordance with the approved construction schedule) and the specified final acceptance testing program to ensure proper interaction between the HMI software graphic displays, databases, driver tables, PLC network data tables and control logic developed by the instrumentation and control system supplier. Equipment and software training shall be provided by the contractor and coordinated by the RPR. The Contractor shall provide instructional meetings with the facilities operational staff to cover both the basic concept of operation of the new wells under normal and anticipated abnormal operating conditions including response to failure occurrences and system alarms. It is anticipated that the training will be completed in general conformance with the following training sequence: 1. Deliver itten O&M m*a~ual section(s) updates to CONSULTANT for review. Contractor submittal of training and testing plan and schedule to CONSULTANT. Upon CONSUL TANT approval of training and testing plan and schedule Contractor will complete system startup and testing. CONSUL TANT shall witness testing and control system startup. 4. Contractor performs control system operator classroom training sessions. 7.3 - Operation and Maintenance Manual Update Assistance Update the existing Operation and Maintenance (O&M) Manual for the new improvements. The manual update shall include a description of how the process is designed to operate, control system interface points and general operational procedures. The manual shall also consolidate maintenance information and design parameters for the various equipment items. Two copies of the draft O&M manual shall be submitted to in ring binders for review and comment. Two final copies of Operation and Maintenance Manuals in ring binders, together with three copies in electronic format on CD-ROM, shall be prepared specifically for this project. Operation and Maintenance manuals shall focus upon providing personnel with a clear description of the process, operating theory, normal and potential abnormal operating conditions and corrective procedures to maintain the process within compliance levels, as well as the following routine policies and procedures: 1. Process sampling and frequency O:/HS-FT-04-01 - A TTACHMENT A/11-20-03 Page 16 of 20 ,~o. /~c.. Jl" DEC 1 6 p~. 3. 4. 5. Emergency response Equipment checks Lubrication schedules Vendor / Supplier contact information Operation and maintenance manual shall include a schematic illustrating all wells at the wellfield. Operation and maintenance manual shall include a well operating and sequencing protocol for startup of treatment plant membrane skids. Detailed equipment operation and maintenance manuals of all Contractor furnished equipment will be furnished to COUNTYby the Contractor in accordance with the construction contract documents. All printed copies of the manuals furnished by CONSULTANT shall be assembled and bound in separate volumes. Electronic copies shall be submitted in Microsoft Word WPD, AutoCAD DWG, or Adobe PDF file formats, as appropriate. 7.4- Reimbursable Expenses Expenses of reproductions, postage and handling of Drawings and Specifications, travel, etc. in accordance with Article 5.3 of the Agreement for Professional Utility Engineering Services between Hazen and Sawyer, P.C. and Board of County Commissioners for Collier County, Florida. 7.5- Additional Services (as authorized) Provide additional services, at costs agreed upon by the COUNTY and CONSULTANT and as authorized by the COUNTY, which may arise during the course of the work, that are consistent with the intent of the original work order; but, were not envisioned as part of the original or amended scope of work and. CQNSULTANTshall submit a proposal to perform Additional Services prior to the performance of the work. The proposal shall include the specific services to be performed, time to complete, compensation, and an explanation as to why the services were not previously envisioned as part of the scope of work. The proposed Additional Services must be approved by the COUNTYs Project Manager in writing in advance of performance of said Additional Services. Failure to notify the COUNTYin writing of Additional Services shall be deemed a waiver of any claim by the CONSULTANTthat such services were Additional Services. Additional written authorization from the COUNTYwill be required for any charges that exceed the predetermined upper limit. The following is a preliminary scope of work for additional services that County may decide to authorize by addendum to this Work Order. The fees included in this work order do not include performance of the following tasks. 7.5.1 - Replacement of Flow Meters on Existing Wells The existing wells use propeller type flow meters. Reliability issues associated with the flow meters on the existing wells may warrant their replacement. 7.5.2 - Decommissioning of Existing Wells O:/HS-FT-04-01- A TTACHMENT A/11-20-03 Page 17of20 ,0./~,c:. DEC 1 6 _PG. The COUNTYis contemplating the decommissioning of two existing wells due to increased salinity. Decommissioning would include design services for salvage as of much equipment as possible, removal of remaining above ground items, and capping of the existing wellheads above ground. 7.5.3 - Dual Zone Wells The COUNTY is contemplating designing the three new wells as dual zone wells with a mid- Hawthorn and Lower Hawthorn well. This work order only provides the engineering services for design and permitting of single zone Lower Hawthorn wells. If the COUNTY elects to construct the wells as dual zone wells then an amendment will be required. ASSUMPTIONS The following assumptions were made in preparation of the above scope: 1. Contractor shall be responsible for providing marked up copy of engineering drawings to show as-built conditions. 2. COUNTY will pay for all laboratory testing required by the contract documents. The COUNTYwill be responsible for procurement of laboratory testing services. 3. Engineering fees for construction phase ~ervices are based upon 8-hourworkdays, Monday through Friday, excludes work on wee :~ds and COfJNTYholidays. 4. It is assumed that the Florida Power and Light shall be responsible for obtaining construction permits for the construction of their facilities. 5. COUNTYwill assist in coordinating site access for construction of the new production wells. 6. The COUNTY will provide to-scale hard copies of all available documents (i.e., design drawings, record drawings, shop drawing laying schedules, Atlas maps, other improvements records) that show the location of all existing wells and raw water transmission system piping. CONSUL TANT shall review these documents to develop a map based schematic model, in electronic format, of raw water system that serves the North County Regional Water Treatment Plant. 7. It is CONSULTANT'S understanding that, during the timeframe in and around the anticipated new well construction and completion, simultaneous commensurate work may be underway for upgrade of the NCRWTP SCADA system to Intellution iFIX, which may or may not include modifications to the SCADA system architecture. This work, under the direction of Carollo Engineers, may have an impact or other ramifications on the decisions and direction of the CONSULTANT'S control system design and system tie-in. Accordingly, CONSUL TANTshall endeavor to coordinate efforts with both the County and with Carollo and/or its designated integrator/contractor(s) to ensure a consistent I&C product, one that has uniform control strategy, streamlined integration, and full compatibility. Due to the uncertainty in the timing and scope of the NCRWTP SCADA system upgrade project (designed by others) CONSULTANTs level of effort to coordinate the well control system design with the NCRWTP SCADA system upgrade cannot be known. O.'/HS-FT-04-O 1 - A TTA CHMEN T A/11-20-03 Page 18 of 20 AG£ttOA [T[~. ,o./~, e_- \ ~ ,\ DEC 1 6 003 COMPENSATION The compensation for engineering services provided under this work order shall be on a Time and Material basis with a not-to-exceed amount of $618,610.00. A cost breakdown by task for engineering services described in this work order follows: Description Time and Materials Not-to-Exceed Fee Task 1 - Preliminary Design $ 56,940.00 Task 2 - Final Design 208,390.00 Task 3 - Permitting 43,410.00 Task 4 - Construction Bid Services 23,590.00 Task 5 - Construction Contract Administration 110,620.00 Task 6 - Detailed Observation 122,120.00 Task 7 - Additional Services 53,540.00 Total - Labor and Expenses (Not-to-Exceed) $618,610.00 Pass through costs, such as excess shop drawing reviews, inspection overtime, and contractor proposed substitution reviews shall be billed separately to COUNTYfor contractor reimbursement in accordance with the construction contract documents. NOTE: It is noted that this scope of services assumes services are based upon 8-hour workdays, Monday through Friday, excluding COUNTY holidays. Should longer work hours, or weekend work hours, be requested by the construction contractor and approved by the COUNTY, an equitable adjustment to CONSULTANT's fee will be made which may include overtime rates. Should the construction period extend beyond the contract construction period, appropriate adjustment of services and fee shall be made by amendment to this Work Order. O.'/HS-FT-04-0I - A TTACHMENT A/11-20-03 Page 19 of 20 DEC 1 6 2 , SCHEDULE The duration of major work tasks are summarized below: Description Completion Time from Notice-to- ProceedA Task 1 - Preliminary Design __-_ Preliminary well site selection 6 weeks · Draft Preliminary Design Technical Memorandum 10 weeks · Final Preliminary Design Technical Memorandum 13 weeks Task 2 - Final Design · Survey 1 12 weeks · Finalize well site selection 1 week after completion of survey · Bid Package A- New Wells (Bid Set) 14 weeks · Bid Package B - Pumping and Transmission 16 weeks Facilities (Bid Set) Task 3 - Permitting As Needed Task 4 - Construction Bid Services ^ '~ Needed Task 5- Construction Contract Administration No .,nber 1, 2004 Task 6 - Detailed Observation t November 1, 2004 Task 7 - Additional Services · Draft O&M Manual update 6 weeks after closeout of construction for Bid Package B A: Un/ess othem4se noted. O:/HS-FT-04-O 1 - A TTA CHMENT Al11-20-03 Page 20 of 20 DEC I G 2003 EXECUTIVE SUMMARY APPROVE WORK ORDER CDM-FT-04-01 TO CAMP DRESSER AND MCKEE ENGINEERS FOR ENGINEERING SERVICES RELATED TO TELEMETRY AND SCADA UPGRADES FOR MANATEE PUMP STATION 1N THE AMOUNT OF $120,696 FOR PROJECT 70124 OBJECTIVE: To improve the reliability and operability of the Water Distribution System by upgrading the instrumentation, controls, remote monitoring, and Supervisory Control and Data Acquisition (SCADA) systems of the Manatee Pump Station, the County's largest control point in the South Water Distribution area. CONSIDERATIONS: The Water Distribution System consists of six (6) primary facilities from which the potable water distribution is controlled and monitored. Processes within the system are highly automated, using programmable controllers locally at each facility, various forms of communications technology to transmit data, and SCADA software on computer servers that function as the network hub. ~ t For Manatee Pump Station, a site in the south end of the Coun y, the SCADA system that interacts with the telemetry and accommodates the automatic remote control of the site is several years old. Advancements in technology have made this portion of the automated system obsolete. Pursuant to the County's need for evaluation, design and implementation of an upgraded SCADA system to control and monitor this facility, Camp, Dresser and McKee Engineering has provided a proposal to perform such services. The scope of work proffered by Camp, Dresser and McKee outlines the tasks for completion in six (6) elements: System Review and Study, Detail Design, Construction Bid Services, Construction Administrative Services, Software/Controller Programming, and Additional Services. Cumulative pricing of Phase I through Phase VI services is proposed for an amount of $120,696. The proposed work order will be supplemented with an additional work order for installation to deliver the full product of the upgrade at this site. PUED and Purchasing Staff worked together to negotiate this proposed work order with the Consultant for Phases I through VI, and determined the scope and fees to be fair and reasonable. The scope of the xvork order is consistent with the intent of the Fixed-Term Instrumentation and Controls Engineering Services Contract pursuant to RFP 03-3484. The level of effort is commensurate with the level of complexity and order of magnitude of this project. Staff has reviewed all 6 tasks and has concluded that the hourly allocations and respective engineering rates for each of the tasks are reasonable based on tasks of similar scope and complexity. A copy of the proposed work order is attached. Camp, Dresser and McKee Engineering is approved under Contract 03-3484 Fixed Term Instrumentation and Controls Engineering Services. Executive Summary Approve WO to CDM for Manatee SCADA Upgrade Page 2 FISCAL IMPACT: Funds in the amount of $120,696 are available for this project in the Water Capital Fund 412, Water User Fees, in Project 70124 Water System Telemetry. The scope of work is consistent with Water Capital Budget funds budgeted in FY 04, as approved by the Board on September 18, 2003. The proposed work order is consistent with the 2002 Water Master Plan Update as adopted by the Board on February 25, 2003 as Agenda Item 10(A). GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact resulting fi.om this action. RECOMMENDATION: That the Board of County Commissioners, as the Ex-officio Governing Board of the Collier County Water-Sewer District, approve and authorize the Public Utilities Engineering Director to execute Work Order CDM-FT-04-01 related to the telemetry and SCADA upgrades for Manatee Pump Station, Project 70124. DEC 1 G 20O3 Executive Summary Approve WO to CDM for Manatee SCADA Upgrade Pagi~ 3 SUBMITTED BY: ~~ Date: Dennis McGee, P.E., Instrumentation/SCADA Manager, PUED REVIEWED BY: ~c~'~ -~'~;'~~-' .Date: Karl Boyer, P.E., Utilities Engineenng Principal Project Manager Roy~lerson, P.E., PUED Director REVIEWED BY: 65/~//~~~ .-- e/ul..M~ttausch, Water Director REVIEWED BY: ~ /J)-' ~~ Date: Stephen '¢. Came{fl, Purchasing_~r . DeL y, , one OF_.C I G 2003 WORK ORDER CDM-FT-04-01 Agreement for Fixed Term I&C Design Engineering Services Contract #03-3484 Dated June 24, 2003 This Work Order is for professional engineering services for work known as: Proiect: Phase Scope Title: 70124: Water System Telemetry Collier County Pump Station SCADA System, Manatee Road Pump Station and ASR System SCADA Upgrade The work is specified in the proposal dated November 25, 2003, which is attached hereto and made a part of this Work Order. In accordance with the Terms and Conditions of the Agreement referenced above, Work Order CDM-FT-04-01 is assigned to Camp, Dresser, & McKee, Inc. Scope of Work: CONSULTANT shall provide engineering design services for the SCADA upgrade of the Manatee Road Pump Station and ASR system. CONSULTANT will also provide programming services for the pump station SCADA upgrade. Schedule of Work: Complete work within 24 weeks from receipt of the Notice to Proceed authorizing start of work. Compensation: In accordance with Article Five of the Agreement, the County will compensate the Firm on a lump sum basis and time and reimbursable costs for labor plus reimbursable expenses as identified below. Task I System Review and Study 2 Detail Design 3 Construction Bid Services $ 110,696 lump sum 4 Construction Administration 5 Services Application Engineerincj services not to exceed Task 6 Additional Services $ 10,000 time and reimbursable costs TOTAL FEE $ 120,696 Any change within monetary authority of this Work Order made subsequent to final department approval will be considered an additional service and charged according to Schedule "A" of the Agreement. PREPARED BY: Dennis McGee, P.E., PUED Instrumentation/SCADA Manager Date REVIEWED BY: Stephen Y. Carnell, Purchasing/General Services Director Date AUTHORIZED BY: Paul Mattausch, Water Director Date APPROVED BY: Roy B. Anderson, P.E., Utilities Engineering Director Date Date: Approved as to Form and Legal Sufficiency: Assistant County Attorney Wit e s~/~(2 ACCEPTED BY: Date: ,I /~.c/03 By: Tl~omas M. Missimer, Vice President Camp Dresser & McKee, Inc. | DEC 162003 Fund: 412 CC: 273512 Object Code: 634999 Project Number: 70124 SCOPE OF SERVICES Collier County Pump Station SCADA System Manatee Road Pump Station and ASR System SCADA Upgrade November 25, 2003 Background Collier County has issued a contract to upgrade the Capri and Goodland pump stations fi.om the existing Dutec/Genesis control system to an Allen-Bradley/Intellution iFix control system. The Capri upgrade is contracted with Consolidated Power System (CPS). CPS is installing an Allen-Bradley Micrologix 1500 PLC, DataRadio Integra-TR radio with an operating frequency of 154.0325 at the Capri pump station. At the South Water Plant, an Intellution iFix'3.0 SCADA Server is being installed along with a DataRadio Integra-TR radio at the same operating frequency. At this time, the South Plant does not use a PLC data concentrator. The Goodland pump station upgrade is under contract at this time with another firm and is going to be using the same type of equipment and technology as the Capri pump station. Introduction The County has selected CDM to design the expansion for the Manatee Road ASR system. In the preliminary design report, CDM recommended that the ASR expansion become a unique drop using a modem or antenna splitter in the communication system as opposed to using the hardware interface between the Manatee Road Pump Station and the Manatee Road ASR system. Collier County agrees with this recommendation. Collier Cbunty would like CDM to provide engineering design services for the SCADA upgrade of the Manatee Road Pump Station and ASR System. The first step for CDM is to provide a quick study and review of the all six pump stations (Capri, Goodland, Manatee, Carica Road, Vanderbuilt, and Barefoot Beach) to ensure that the overall communication scheme is solid (determine if a data concentrator is required). CDM shall also review the VO layout of each station and the required I/O communication between the station and the South Plant, including a quick review of the new SCADA server. The second step for CDM is to generate design documents (drawings and specifications) for the Manatee Road pump station and provide construction oversight services during the installation of the SCADA upgrade. The design for the Manatee Road Pump Station would also include the communication modification for the existing ASR system with capacity for the ASR expansion. CDM would also provide programming services for the pump station SCADA upgrade project and for the Manatee Road ASR expansion project. The programming services for l oflO 11/}6/g£C I I~ 200,] the Manatee Road ASR expansion project would be included in the ASR expansion project but would be performed by CDM as opposed to a contractor. Task 1 Pump Station SCADA System Review and Study $5~595.00 The ENGINEER will provide engineering services to review and study the pump station SCADA system that is being installed at the South Plant for the Capri and Goodland pump stations. These engineering services shall review and study the effects and requirements for the addition of the Barefoot Beach, Vanderbuilt, Carica Road, and Manatee Road pump stations and the Manatee Road ASR system. Included in the review and study shall be the development of the required I/O communication between the stations and the south plant. Included would also be a quick review of the new SCADA server. The overall purpose of this review and study is to allow the ENGINEER to become intimately familiar with these pump stations, systems and the COUNTY's control and operation philosophies. An additional outcome of this study will be the determination if a data concentrator is required at the South Plant to improve response time and facilitate overall SCADA communications between the stations and the HMI computer and possible future HMI computers. Task 2 Detail Design for Pump Station SCADA Upgrade $24~556.00 The ENGINEER will develop Contract Technical Documents for the Manatee Road Pump Station SCADA Upgrade. Design Drawings - Detailed design will consist of preparation of instrumentation and control drawings. Standard details will also be prepared. Construction drawings will be prepared using AutoCAD software. Contract and Technical Specifications - The technical specifications will be prepared in conformance with the Construction Specifications Institute (CSI) format. The ENGINEER's standard master construction specifications will be used as the basis for the technical specifications for the project. Suitable manufacturer and suppliers will be identified for each specified item. The COUNTY will be provided with both hard and electronic copies of the completed specifications. The COUNTY's special conditions specifications will be incorporated into the General and Special Conditions sections of the ENGINEER's standard specifications. Requirements for special provisions will be carefully evaluated with the COUNTY. The electronic copy will be provided in Adobe Acrobat® Reader format. Design Progress Submittals - Four sets of construction drawings and specifications will be produced and submitted for COUNTY review at the 60-percent and 90-percent design levels. The drawings will be provided on bound 11 x 17-inch sheets. After addressing review comments for the 60-percent submittal, a 90-percent submittal of the drawings 2 of l 0 1 ~126111[ C I Ii 2003 and specifications will be produced for final review. The 90-percent submittal will be defined as a set of drawings and specifications that is complete and biddable, but subject to final comment from the COUNTY. Final Plan Preparation -The final design, 100-percent complete documents, will incorporate final comments from the COUNTY. The final design documents will consist of bidding and contract documents, technical specifications, and engineering drawings. A bid schedule will be prepared, describing the work to be performed. A meeting with the COUNTY will be held within two weeks of submittal of the final design to discuss comments and recommendations. The COUNTY will provide verbal and written comments and each comment will be addressed by the ENGINEER. Six full-size and six half-size copies of completed design drawings and six sets of specification documents will be submitted to the COUNTY. Task 3 Construction Bid Services for Pump Station SCADA Upgrade $3~552.00 ENGINEER will provide bid period services to the COUNTY consisting of responding to bidder inquiries, preparation of addenda, and review of bids. The services are described below. Pre-Bid Conference/Response to Bidders Questions - A pre-bid conference will be conducted. The conference will be held at a convenient location and ENGINEER will maintain a set of notes. Questions will be logged and appropriate responses will be either given at the conference and/or in addenda prepared by ENGINEER. Bid Evaluation and Recommendation for Award - The bid packages will be received and opened by the COUNTY. Bid packages will be reviewed by ENGINEER for completeness and appropriateness for award. ENGINEER will check references as appropriate. ENGINEER shall provide written recommendation for award of the construction contract to the lo,vest responsive, responsible bidder. Task 4 Construction Administration Services $8~767.00 Construction administration services to be provided for the construction of the Pump Station SCADA Upgrade are listed below. Pre-Construction Conference - ENGINEER will attend a pre-construction conference with representatives from COUNTY and CONTRACTOR. ENGINEER will prepare minutes and distribute. Shop Drawings - ENGINEER will review and process shop drawings, samples, schedules, certifications and other data, which the construction contractor is required to submit. The review will be for conformance with the design concept and compliance with the information provided in the construction contract documents. ENGINEER will submit reviewed shop drawing submittals to the COUNTY for its records. 3oflO 11~6/t~C Observation of Construction - Provide two-weeks of on-site observation of construction activities by one or more representatives as authorized and approved by the COUNTY. ENGINEER will provide construction observation services during the construction of the production pump station SCADA stations. These services consist of observation of construction activities, testing of any nature, and certification of construction. ENGINEER's on-site representative shall prepare and submit weekly progress reports to the COUNTY during construction. The weekly progress reports shall include project status, materials and equipment received, work performed, and problems encountered and rectification. Review Pay Requests - ENGINEER's representative will note actual quantities of materials used, and progress of completion. Contractor requests for payment will be reviewed to verify the requests are consistent with the amount of work accomplished. Issue Interpretations - ENGINEER will issue necessary interpretations and clarifications of the construction contract docurcents, in writing, and prepare change orders as required. ENGINEER will interpret the requirements of the construction contract documents, evaluate the work performed there under, and make recommendations on any claims by the Contractor. Record Drawings - Record drawings of the upgrade will be prepared by the ENGINEER using construction information provided by the Contractor. Four (4) 24-inch by 36-inch copies of the Record Drawings will be provided to the COUNTY six (6) weeks after project completion. Certificate of Completion - ENGINEER will prepare a certificate of completion for the Pump Station SCADA Upgrade. Task 5 Application Engineering Services (AES) $68~226.00 AES shall be provided for Manatee Road Pump Station SCADA Upgrade and the Manatee Road ASR System expansion project. Services to be provided are included below: Develop Work Plan - ENGINEER will develop a work plan that details the various aspects of performing the tasks of the project. The work plan will include sections on project background, project team and communications, project schedule, development standards, and task list. ENGINEER will prepare a preliminary work plan prior to the kick off meeting. The ENGINEER will then finalize the work plan after the COUNTY provides their comments. Kickoff Meeting - ENGINEER will hold a kickoff meeting at the COUNTY's facility for this task. The kickoff meeting will include an introduction of team members, discussion of our approach to the work, review of the Work plan, and an open discussion on project related issues. NO. / 4oflO 11/I, p~;. o~ , r,: Coordination Meetings - ENGINEER will attend ttu:ee project design coordination meetings at the COUNTY's facility. Develop Graphics Template - ENGINEER will develop the graphics templates in accordance with the operator interface requirements outlined in this task. The templates when finished will serve as the basis for all screens of similar type to ensure a consistent approach to the product. Develop PLC Memory Map - ENGINEER will develop the memory map for intercommunication between all PLCs and the Intellution iFix HMI software. Each item that will be displayed on a HMI screen or used by more than one PLC will be included in this map with its address in each PLC. Develop the HMI Database - ENGINEER will setup and configure the Intellution iFix HMI software. ENGINEER will then develop the real-time database following the development standards outlined in the Work Plan. Develop HMI Graphics - ENGINEER xvill develop up to 10 graphic displays (including pop-ups). Each graphic will be based on an approved template. The development effort will include a two-phase approach including the following steps: Develop Status Graphics - ENGINEER will develop static graphic displays using the Intellution iFix HMI software based on the design documents and the COUNTY's comments. ENGINEER anticipates some changes by the COUNTY's staff to each graphic at this stage. Develop Dynamic Graphics - ENGINEER will develop the dynamic graphics based on static graphics and the COUNTY's comments. ENGINEER anticipates minor, if any, changes by the COUNTY's staff to each graphic at this stage. Develop PLC Program - ENGINEER will program the Allen-Bradley Programmable Logic Controllers based on the control strategies included in the design documents. The programming methodology, file assignments, and documentation shall follow the formats as defined in the Work Plan. Prior to beginning the configuration task, ENGINEER will hold an one-day meeting at the COUNTY's offices with COUNTY's staff to confirm the control strategies. Each PLC program will be documented using RSLogix PLC progrannning software. The documentation will consist of the standard Allen Bradley documentation including annotation of each element, a brief description of each rung, and a cross-reference list. Develop Training Guide - ENGINEER will meet with COUNTY's staff to discuss the training requirements outlined in the specifications. ENGINEER will then develop a training guide based on our previous experience and comments from COUNTY's staff. The training guide will be custom-developed for the project and will include: 5 ofl0 · An overview of the system, · initialization procedures, · basics on using the system, · a troubleshooting guide, · a glossary, and · copies of each screen. Develop Test Procedures - ENGINEER will develop test procedures to verify the functionality of our configuration effort. ENGINEER test procedures will provide for verification of all graphic screen links, reports, and communications (where applicable), and verification of PLC logic. The test procedures will be bound and will include sign off spaces for both ENGINEER and COUNTY. Field Checkout, Testing, Startup, ORT, and the FAT - Prior to ENGINEER performing control system startup, the ENGINEER in conjunction ~vith the COUNTY will verify that the Contractor's work has been completed. Specifically, the Contractor will prove that all wiring is complete, all necessary communication systems are complete and functional, and all new equipment is functional. ENGINEER will field check and test all PLC logic and graphic displays based on the requirements outlined in the test procedures. The operational readiness test (ORT) will occur according to the requirements in the design documents and test procedures. When the ORT is complete and any punchlist items have been resolved, ENGINEER will begin the Functional Acceptance Test (FAT). The FAT shall follow the requirements outlined in the test procedures. During the anticipated two-xveek startup and FAT period, ENGINEER will verify proper operation of the following: · Data collection and control functions · Display dynamics and set point entry features · Historical collection and display · Alarming functions · Security functions The SCADA System project shall be considered substantially complete when all I/O points have been verified, the system is meeting the design intent (based on the written control strategies), and any minor problems or issues have been noted on the project punch list. Assumptions: 1. ENGINEER is not responsible for software bugs inherent to vendor package software including the Windows operating system, Intellution HMI software, Microsoft tools, etc. ENGINEER will make reasonable efforts to resolve these issues during the project. 6 o fl0 2003 ENGINEER personnel shall have access to the SCADA system from 7 a.m. to 7 p.m. Monday through Friday, and at other COUNTY designated times during startup and emergencies. 30-Day Test - After startup, ENGINEER will perform a thirty-day test to verify the functionality and reliability of the system. ENGINEER will be on site as needed to correct errors noted on a punch list developed by COUNTY personnel during this testing period. The 30-Day Test shall be considered complete when the system has operated without significant failure for a period of thirty consecutive days. Significant failure shall be defined as lack of control capability at the PC/PLC level or hardware failure of critical PLC control components. Failure of ancillary hardware devices (printers, CRT screens, etc.) or software bugs inherent to vendor software shall not constitute system failure. Minor graphical inconsistencies (e.g. color definition, symbol structure, etc.) or County-requested changes to graphical layouts shall not constitute system failure. Develop Operations and Maintenance Manual - ENGINEER will prepare an O&M manual consisting of the following: · Documented PLC ladder logic · Printouts of all displays · Printout of the Intellution database · Printout of all Intellution configuration flies · Printout of the I/O driver configuration file · Copyofthe training guide · Procedure for starting and stopping a PLC · Procedure for starting, stopping and rebooting a workstation · System overview · Troubleshooting guidelines · Contact phone numbers · Electronic copy of all PLC, PC, and Intellution files Assumptions: 1. The O&M manuals for PLC hardware and the PLC panels will be provided by the Contractor. Punch List - A final punch list of outstanding items shall be prepared jointly by COUNTY personnel and ENGINEER. ENGINEER shall clear all final punch list items, with the exception of items beyond ENGINEER control, within 4 weeks of substantial completion. Examples of items considered beyond ENGINEER control include items dependent on County-owned process equipment or repairs, hardware or software bugs inherent to vendor supplied equipment (i.e., defects that require manufacturer revisions to correct), etc. ALL-Max OPS-10 - ENGINEER shall provide data on planned maintenance and predictive replacement of furnished components in a format that is compatible for direct 7 oflO insertion to the COUNTY's database. The County has standardized on a database using the latest edition of ALL-Max OPS-10 software for this purpose. Assumptions: 1. A .CSV type file from an Excel spread sheet is suitable for this purpose. 2. The COUNTY will provide the ENGINEER with the required format of the .CSV file. Operator Training - ENGINEER will provide on-site operator training of the new control system. Training will be a hands-on review of the classroom operator training, plus instruction on specific tasks for the SCADA System. Formal training will supplement the informal training provided throughout the development and installation process by ENGINEER staff. Formal training will follow ENGINEER's training guide, and training will occur after startup. 16 hours of formal training have been included in the scope. Assumptions: 1. ENGINEER has not included manufacturer's training for the Intellution software, RSLogix, or Windows software products. ENGINEER recommends the COUNTY obtain this type of training directly from each respective manufacturer prior to the field training by the ENGINEER. Project Closeout - This task includes the final project items such as completing the punch list, providing additional copies of documentation, and settling any remaining contractual issues. Upon completion of this task, the COUNTY shall consider the project to be accepted and completed. Task 6 Additional Services $10~000.00. The ENGINEER will provide additional services at costs agreed upon by the County and ENGINEER and as authorized by the COUNTY, which may arise during the course of the work. Engineering services can be provided under this item. Compensation to the ENGINEER for performance of Additional Services as well as the specific services to be performed and time of completion shall be approved by the COUNTY's project manager in writing in advance of performance of said Additional Services. Out of scope services must be identified by the ENGINEER prior to the performance of the work. Failure to notify the COUNTY in writing of out of scope services shall be deemed a waiver of any claim by ENGINEER that such services were out of scope services. Additional written authorization from the COUNTY will be required for any charges that exceed the predetermined upper limit. General Assumptions Work described in the scope of services for the five project elements is based upon the assumptions listed below: 8orlo 11 6/03[C ] 6 2003 [ ,, PG. o Record drawing mark-ups will be prepared by the project construction contractors and submitted to the ENGINEER for review. COUNTY will provide Bid/Contract front-end documents for incorporating with ENGINEER-supplied technical specifications. The COUNTY will pay all permit application fees if required. Deliverables ENG1NEER will provide the following deliverables: 1. Three (3) sets of Pump Station SCADA System Revie~v and Study report. 2. Four (4) sets of 11-inch by 17-inch 60 percent plans and specifications 3. Four (4) sets of 11-inch by 17-inch 90 percent plans and specifications 4. Six (6) sets of 24-inch by 36-inch I00 percent plans and specifications 5. Six (6) sets of 11-inch by 17-inch 100 percent plans and specifications 6. Four (4) hardcopy sets of 24-inch by 36-inch Record Drawings 7. Four (4) copies of preliminary SCADA work plan 8. Four (4) copies of final SCADA work plan 9. Copy of kickoff meeting agenda and meeting minutes. 10. Printout copy of the graphics templates. 11. Printout copy of the PLC memory map. 12. Electronic and printout copy of the Intellution database 13. Printout copy of static graphics, dynamic graphics, and meeting minutes. 14. Printout copy of documented PLC ladder program and meeting minutes. 15. Copy of training guide. 16. Copy of test procedures. 17. Signed copy of all test procedures. 18. Letter stating completion of the 30-day test and copies of all field reports. 19. Four (4) copies of the O&M manual 20. Four (4) copies of ENGINEER prepared training guide. Time of Performance ENGINEER will complete Tasks 1,2, 3, 4, and 5 in accordance with the schedule based on cumulative weeks from the date of the NTP by the COUNTY: TASK 1. System Review and Study 2. Detail Design 9of10 CUMULATIVE WEEKS FROM NTP 4 8 3. Construction Bid Services 12 4. Construction Administration Services 24 5. AES - HMI and PLC Programming 24 ENG1NEER will observe the time limitations. However, should there be delays in receiving subsequent authorizations, approwds, and review comments from the COUNTY, and other governmental agencies, the schedule will be updated and adjusted as mutually agreed upon by ENGINEER and the COUNTY. ENGINEER shall not be responsible for delays that occur as the result of action or inaction of others not under contract to ENGINEER. The COUNTY agrees to provide comments on all draft deliverables within two weeks, unless another deadline is agreed upon. Compensation The ENGINEER will be compensated $110,696 for the work performed under Tasks 1 through 5 on a Lump Sum basis. An allowance of $10,000 on a time and materials not to exceed basis is identified for Task 6 (Additional Services). 10 of 10 / 0£C ! 6 2003 11 ~26/03 ,, ,,,' EXECUTIVE SUMMARY AUTHORIZE A WORK ORDER UNDER CONTRACT NO. 03-3427 TO PROFESSIONAL SERVICE INDUSTRIES, INC (PSI) IN AN AMOUNT NOT TO EXCEED $375,500 TO ASSIST IN THE PREPARATION OF CONCEPTUAL PLANS AND CONSTRUCTION DOCUMENTS TO UPGRADE AND RECONSTRUCT THE FACILITIES AT THE IMMOKALEE, MARCO ISLAND, NAPLES AIRPORT AND CARNESTOWN RECYCLING AND HAZARDOUS WASTE COLLECTION CENTERS OBJECTIVE: To provide improved facilities and operating systems for receiving and managing recyclable and hazardous waste materials at Immokalee, Marco Island, Naples Airport and Camestown consistent with maximum safety conditions for both staff and customers. CONSIDERATIONS: 1. The Solid Waste Management Department operates Recycling Centers that include limited household hazardous waste collection in Naples, Marco Island, Immokalee and Carnestown. 2. The current facilities consist of temporary structures (sheds) that have been added as the needs for recycling services have increased. 3. New facilities are needed to better utilize the available space and ensure proper storage and environmental containment. 4. PSI will provide conceptual planning and prepare final construction drawings for the reconstruction of the recycling and household hazardous waste collection centers. These centers will have updated recycling services and state of the art household hazardous waste collection facilities. 5. Contract No. 03-3427 was awarded to PSI for engineering services including "Environmental Engineering, Remediation and Restoration Services for Collier County", by the Board on October 28, 2003, Agenda Item 16 C (7). This Work Order is consistent with the scope and terms of Contract 03-3427. 6. In accordance with the terms and conditions of the contract, the Board must approve Work Orders over $90,000. 7. Fees for this Scope of Work were found to be fair and reasonable and consistent with the Board approved contractual terms. The level of effod is commensurate with the level of complexity and order of magnitude of this project. Based on staffs review of the individual tasks and the projected construction costs for the proposed scope of work, the engineers' fees represent an acceptable portion of this anticipated total project cost. associatP-d ,- GROWTH MANAGEMENT IMPACTS: There are no Growth Management Impacts r with this project. ~ ~0-,~ FISCAL IMPACT: Funds are available in the Solid Waste Disposal Fund (470). RECOMMENDATION: That the Board of County Commissioners authorize the Solid Waste Director to execute Work Order #552-G3163 with PSI, in an amount not to exceed $375,500, to assist in the preparation of conceptual plans, and construction documents, for the Immokalee, Marco Island, Naples Airport and Camestown Recycling and Household Hazardous Waste Collection Centers. SUB M ITTED BY: '::~' ~//,¢/~'/~-~-'.-SC' ~ Da to:-" ~,ev~-n Hi b-~g~Lf~,,C~clh~T~nr~ental Compliance Manager Solid ~,/<~ste Managemen~Department REVIEWEDBY: i~~'~~~/ Date: Ron Hovell, Special Project Manager -- REVIEWED BY: REVIEWED BY: Public Utilities Engineering Department Roy B. Anderson, P.E., Director Public Utilities Engineering Director G. George Yilmaz, Director Solid Waste Managemen~t Dep~enl: REVIEWED BY: Date: i 7-~//o ~.~//~ 7 Stephen Y. Carn'ell Director,,...--} P_urchasing~Gener_al ~e,p~ce~/Department APPROVED BY: '~"~----~)~'~J~ Date: ~~::),-~ ..~me~ W. DeLony, P.E.,/~dministrator Utilities Division/ AGENDA N0. /~ 'l OEC 1 G 2O03 Work Order #552-G3163 Design for Operations, Recycling and Household Hazardous Waste Collection Centers Immokalee Landfill Naples Airport Recycling and Household Hazardous Waste Collection Center Marco Island Recycling and Household Hazardous Waste Collection Center Carnestown Recycling and Household Hazardous Waste. Collection Center Collier County, Florida Collier County Contract # 03-3427 November 17, 2003 This Work Order is for Preliminary and Final Design for the Proposed Recycling and Household Hazardous Waste Collection Centers, subject to the terms and conditions of the Contract referenced above, for work known as: Project: Proposed Operations, Recycling and Household Hazardous Waste Collection Centers at the Immokalee Landfill, Naples Airport Recycling and Household Hazardous Waste Collection Center, Marco Island Recycling and Household Hazardous Waste Collection Center, and Carnestown Recycling and Household Hazardous Waste Collection Center, Collier County, Florida. Project Backqround; Each of the four locations are in need of upgrades in equipment, facilities, and traffic flow to better serve the current citizen needs and projected future growth of Collier County. In general, the layout, facility size, a nd equipment requirements will b e d etermined for e ach s ire. Of p articular importance in the design and common to all sites is safety and ease of use by citizens of Collier County (user friendly household hazardous waste collection and recycling centers). A second requirement is to provide adequate space for employees of Collier County who will be working at these facilities. A third requirement of the designs is to meet all environmental, safety, regulatory, and permit requirements. Finally, all facilities are to be designed for 150 mph wind load. Collier County desires that the facilities withstand significant wind loads so .that debds collection can be provided to the community in the aftermath of a major wind disaster. Following is a brief discussion of the specific requirements at each site. Immokalee Landfill The Immokalee Landfill, Stockade Road, currently serves the northeast Collier County area with waste disposal and recycling services. Waste Management, Inc. (WMI) operates the landfill with Collier County employees currently manning the scale house and performing landfill oversight. This UEC I 62003 Operations and Recycling Center Design Various Sites Work Order 552-G3163 November 17, 2003 Page 2 of 6 background discussion addresses the scales and scale house, landfill operations center, weather station, recycling center, and household hazardous waste collection center. The scale and associated scale house are rapidly reaching the need for replacement. Among several factors, the scale is adversely affected by lightening from thunderstorms, which occur on a frequent basis during the rainy season. Moreover, as the volume of traffic and size of trucks continues to increase, there is a need for an outbound scale, improved traffic control, and larger scales. The landfill currently lacks an operations center. The Collier County person assigned to landfill oversight does not have any office or other facilities when on site. There is no office area on site for the collection and analysis of weather and other operational data. Waste Management, Inc. 0NMI) currently operates a maintenance shed located south of the scale house. Collier County desires a landfill operations center to serve these and other needs. There is no weather station at the landfill. Collier County desires a weather station including telemetry to the proposed Operations Center. Moreover, links to other data such as landfill gas detectors and leachate pumping are desired which would centralize the environmental requirements of the entire landfill and create a more efficient operation. Currently there is no household hazardous waste collection center at the Immokalee Landfill. Collier County desires to incorporate into the proposed improvements a household hazardous waste collection center. Currently there is limited provision for household and business recycling at the Immokalee Landfill site. Collier County desires to incorporate into the proposed improvements a recycling center. Naples Airport Recycling Center The Naples Recycling Center, 2640 Enterprise Avenue Extension, currently serves the Naples area with a wide variety of waste transfer, recycling and limited household hazardous waste collection services. · As citizen need for recycling services has increased over the past several years, the recycling center has grown in size and complexity. The recycling concept revolves around a cluster of sheds of various shapes and sizes. The white goods are located bn soil with no provision to address stormwater impact or runoff. The available space is not used efficiently and facility structures do not meet the wind load requirements desired by Collier County. Currently there is no household hazardous waste collection center at the Naples Recycling Center. Collier County desires to incorporate into the proposed improvements a household hazardous waste collection center. One of the objectives of the upgrading of the Naples Recycling Center is for the center to survive a major hurricane and be ready to receive large amounts of foliage and debris without dependence on the public power supply. Included in the design for the Naples Airport Recycling Center is an operations facility for use by employees to administer and manage the recycling and household hazardous waste collection center activities. Scales are not required at this facility. AGENOA [T[~t /~ .0. DEC I 6 2OO3 PG. '~ Operations and Recycling Center Design Various Sites Work Order 552-G3163 November 17, 2003 Page 3 of 6 Marco Island Recycling Center The Marco Recycling Center, 771 East Elkcam Circle, currently serves the Marco Island area with limited household hazardous waste collection and recycling. There is a need for an operations center with office and related facilities for the Collier County operator of this site. Moreover, improvements are needed for the receiving, storage, and handling of household hazardous waste and materials to be recycled. Scales are not required at Marco Island. Carnestown Recycling Center The Carnestown facility, U.S 41 approximately ¼ mile west of Everglades City turnoff near S.R. 29, currently has limited capability. The design includes an operations center, a household hazardous waste collection center, and a recycling center. Scales are not required at Carnestown. Scope of Work: Following is an overview of the proposed scope of work: PSI proposes to perform the following scope of work, as applicable, to address the design of desired improvements at the proposed sites. Task A Preparation of Design Concepts Site Investigation: a. Site Survey: A Meets and Bounds survey, complete with topological, tree locations, easements, utilities and existing site improvements such as buildings, drives, etc. will be commissioned. b. Soils and Foundation Study: Soil bodngs will be taken at proposed new building locations and new proposed parking areas and drives in order to determine the correct structural foundation for all buildings and base foundations for parking lots and drive areas. In addition the groundwater table depth will be identified. c. Utility Permit Status: An investigation will be undertaken to determine'the stormwater criteria previously permitted for the site and the ease in which that stormwater permit may be modified to reflect the new construction. Bo Programming: a. Key individuals from Collier County will be interviewed to determine: Staffing Current and Future Growth requirements · Support requirements (restrooms, lounges, storage, cash/coin safes, etc.) · Special Needs (security, technical equipment, phone/data, surge protection, lightening protection, other vendor equipment, etc.) b. Key meetings with Collier County Site Permitting Officials AGENOA ![T[.l~ -~i No. ,/'~ ~-. BEC I 6 2 03 PG. ~' operations and Recycling Center Design Various Sites Work Order 552-G3163 November 17, 2003 Page 4 of 6 Task B Co Deliverables at the end of this phase will be: · Preliminary proposed site layout and floor plan altematives will be prepared and submitted for Collier County review, comment and selection. · Proposed preliminary project schedule · Proposed preliminary phasin9 plan · Proposed preliminary budget Preliminary Design Documents Design documents will be prepared showing: a. Civil Engineered Documents: Site Grading Plan, Site Stormwater and Drainage plans which include retention ponds and drainage structures, Site Utility Plan which includes septic systems, potable water, electrical service, and fire water lines. b. Architectural Site Plan showing the location of existing and proposed new improvements such as: weather station, scales, scale monitoring areas, operation center, household hazardous waste collection center, recycling center, roads and parking area, traffic' control devices. Architectural Exterior Elevations and Rendering showing the architectural look of the facility improvements. Architectural Floor Plans of any proposed new buildings. Equipment cut sheets of major proposed items. Co Other Design Documents a. Updated Project Schedule b. Updated Phasing Plan c. Updated Preliminary Design Budget d. Copies of Site Permit Applications Preparation of Final Design Documents: PSI will prepare and submit final design documents and specifications for the new User Friendly Hazardous Waste Collection Centers, Recycling Centers, and Operations Buildings and other facility documents to include: A. Demolition Plans B. Civil Site Plan C. Civil Grading Plan D. Civil Stormwater Plan E. Civil Utilities Plan F. Landscape Plan G. Architectural Site Plan H. Floor Plan I. Reflected Ceiling Plan J. Roof Framing Plan & Details K. Exterior Elevations L. Wall Sections AG£NDA ITEl'( .o. //_. DEC I 6 2003 Operations and Recycling Center Design Various Sites Work Order 552-G3163 M. Building Section N. Door and Window Elevations/Schedule O. Head, Sill and Jamb Details P. Furniture Plan Q. Interior Elevations R. Casework Details S. Finish Schedule T. Structural Foundation Plan U. Structural Roof Framing Plan V. Structural Details W. Structural Sections X. Mechanical Plan & Details Y. Plumbing Plan & Details Z. Electrical Site Plan AA. Electrical Power Plan BB. Electrical Riser Diagram & Details CC. Security Plan DD. Phone, Data & Equipment Plan November 17, 2003 Page 5 of 6 Schedule of Work: The Design Services will take approximately six to eight months to complete from the date of authorization not including review time by Collier County. Compensation: Based upon the scope of work outlined herein, the estimated cost for providing the services is outlined as follows: Location Task A Task B Task C* Total I mmokalee $35,220 $53,705 $8,893 $97,817 Naples Airport $35,220 $51,205 $8,643 $95,068 Marco Island $34,750 $49,600 $8,435 $92,785 Carnestown $34,000 $47,650 $8,165 $89,815 TOTAL $375,485 *Additional Services as authorized by the County should be on a time and material basis. PSI will conduct the work on a lump sum, Not To Exceed basis in accordance with Collier County Contract # 03-3427, Environmental Engineering, Remediation and Restoration Services for Collier County. Please note that the quantities for personnel are estimates only. Actual conditions may necessitate changes, which will be billed in accordance with the Contract. Operations and Recycling Center Design Various Sites Work Order 552-G3163 November 17, 2003 Page 6 of 6 Additional work required beyond the scope of services included in this proposal will be invoiced in accordance with Section 2, Collier County Contract # 03-3427. ISSUED BY: G. George Yilmaz Solid Waste Depadment Director Date REVIEWED BY: ACCEPTED BY: Stephen Y. Carnell Purchasing / General Services Director Nana G. Faulkner Professional Service Industries, Inc. (PSI) Date Date \\PSI_TAMPA\USR\Shared\ENV~Collier County Engineering Contract 2003\Facility Design Projects\Work Order Combined Design G3163 11-10-03.doc EXECUTIVE SUMMARY APPROVE A BLANKET PURCHASE ORDER WITH U .S. FILTER F OR MAINTENANCE AND REPAIR OF ODOR CONTROL UNITS AT BOTH THE NORTH COUNTY' WATER RECLAMATION FACILITY AND THE SOUTH COUNTY WATER RECLAMATION FACILITY, IN THE AMOUNT OF $163,231 OBJECTIVE: That the Board of County Commissioners, Ex-Officio, the Goveming Board of the Collier County Water-Sewer District approve a blanket purchase order for maintenance and repair services by U.S. Filter in order to keep the odor control units at both the North County Water Reclamation Facility (NCWRF) and the South County Water Reclamation Facility (SCWRF) in optimum operating condition. Odor control at the Collier County Water Reclamation facilities is paramount, to exceeding our customer's expectations for odor abatement. Collier County Public Utilities has "Good Neighbor" policies in place that has zero tolerance for odors in and around our wastewater treatment facilities. CONSIDERATIONS: The NCWRF utilizes four (4) chemical scrubbers and SCWRF utilizes five (5) chemical scrubbers for odor control of hydrogen sulfide and organic gasses that are by-products of the wastewater treatment processes. On September 26, 2000, (Agenda Item 16C6), the Board of County Commissioners approved the standardization of U.S. Filter chemical scrubbers for all Water and Wastewater Treatment Plants. Due to the complex and proprietary nature of the chemical scrubbers, it is necessary to have trained technicians perform maintenance and repair of the chemical scrubbers on a regular basis. U.S. Filter offers a service of maintenance, repair and extended warranty of the equipment to 'maintain optimum performance. This includes biweekly service checks, repair or replacement of malfunctioning equipment, the supply of chemicals required, and troubleshooting odor problems that only U.S. Filter can offer for their equipment. US Filter will be required to maintain the chemical scrubbers to factory standards. When comparing the past individual agreements with this consolidated service, maintenance and extended warranty value, there is a $200 per month/per scrubber discount. This reflects a savings of $21,600/year from previous service contracts with U.S. Filter. This is a comparable price that is common for all U.S. Filter clients throughout the State of Florida. o The alternative would be to create a full time position with benefits and a vehicle. This position would involve the .handling of caustic chemicals, which are very hazardous. Collier County would lose the extended warranty portion of the contract for maintenance, repair, and replacement o f malfunctioning equipment. Troubleshooting o dot problems would take much longer than for U.S. Filter, as they have the most knowlcd~6 No. /~ d I-/ their equipment. Pg._ / Staff recommends a blanket purchase order for maintenance and repair services by U.S. Filter for the chemical scrubbers at both the NCWRF and the SCWRF for an annual lump sum cost of $148,392. Staff further recommends approval of a 10% contingency ($14,839) to cover unforeseen acts or conditions beyond the control of the vendor (i.e., lightning strikes), which are not covered. FISCAL IMPACT: Total expenditures for this service are estimated at $163,231 and will be funded from FY04 NCWRF and SCWRF Budgets in County Water/Sewer Fund 408. GROWTH MANAGEMENT IMPACT: There is no growth management impact. RECOMMENDATION: That the Board of County Commissioners, Ex-Officio, the Governing Board of the Collier County Water-Sewer District approve the blanket purchase order for maintenance and repair services with U.S. Filter, including a 10% contingency. Date'SValler, NCWRF Superintendent Jo ' eatha~O REVIEWED BY'. ~ ' r ~. DeL~)ny, p.E., Public Uiilit~es ~d-d-d~istrator DATE: DATE:Z/'/,~~ .o../~ c.. /~ DEC 2003 RJ ENVIRONMENTAL PRODUCTS 13100 GREGG STREET, SUITE B POWAY, CA 92064 TELEPHONE FACSIMILE 858.-486-8500 858-486-8501 August 25, 2003 Mr. Joe Cheatham Director, Wastewater Dept. Collier County 10500 Goodlette Rd. Naples, FL 34109 E-Mail: JosephCheatham~colliergov.net Subject: Inclusive Service Contract for 4 Odor Control Scrubber Systems - North WRF Dear Mr. Cheatham: Thank you very much for your confidence in US Filter/RJ Environmental Products and services. We are pleased to offer this proposal for an all inclusive monthly service contract for the 4 USFilter odor control scrubber systems at the North Plant. The service will include the following: Regular service visits to site as needed, at least twice per month. Service will include measurement of inlet and outlet H2S concentrations, and calibration of stack H2S analyzer, verification of scrubbing solution pH by grab sample and by pH controller, measurement of chlorine residual in scrubbing liquid, check and adjust makeup water rate as needed, inspect and clean chemical feed line wye strainers, inspect packing, nozzles, probes for scaling and fouling, inspect pumps and blowers for leaks and vibration, and perform all required routine maintenance including calibrations and lubrication. Emergency response. USFilter agrees to have technician on site within 24 hours of notification. Please contact Scott Labelle at our Sarasota, Florida office in case of emergency. Acid wash of scrubber system as needed Replacement parts will be the same make and model as the original equipment This service contract duration will be from October 1, 2003 through September 30, 2004 The service schedule will be coordinated out of our Poway, California office using technicians and engineers based in our Sarasota, Florida office. Please contact Scott Labelle or Jim Pike regarding any emergency service requirements. The price per scrubber per month is $1,374 and includes all services as stated above. Service will be invoiced quarterly based on the actual number of systems on-line and serviced each month. Please do not hesitate to call us if you have any questions or if we may be of any assistance. Si cerely, Vaughan Harshman Technical Sales Manager RJ ENVIRONMENTAL PRODUCTS 13100 GREC-.-.-.-~ STREET, SUITE B POWAY, CA 92064 TELEPHONE FACSIMILE 858--486-8500 858-486-8501 August 25, 2003 Mr. Joe Cheatham Director, Wastewater Dept. Collier County 10500 Goodlette Rd. Naples, FL 34109 E-Mail: JosephCheatham~colliergov. net Subject: Inclusive Service Contract for 5 Odor Control Scrubber Systems - South WRF Dear Mr. Cheatham: Thank you very much for your confidence in US Filter/RJ Environmental Products and services. We are pleased to offer this proposal for an all inclusive monthly service contract for the 5 USFilter odor control scrubber systems at the South Plant. The service will include the following: Regular service visits to site as needed, at least twice per month. Service will include measurement of inlet and outlet H2S concentrations, and calibration of stack H2S analyzer, verification of scrubbing solution pH by grab sample and by pH controller, measurement of chlorine residual in scrubbing liquid, check and adjust makeup water rate as needed, inspect and clean chemical feed line wye strainers, inspect packing, nozzles, probes for scaling and fouling, inspect pumps and blowers for leaks and vibration, and perform all required routine maintenance including calibrations and lubrication. Emergency response. USFilter agrees to have technician on site within 24 hours of notification. Please contact Scott Labelle at our Sarasota, Florida office in case of emergency. Acid wash of scrubber system as needed Replacement parts will be the same make and model as the original equipment This service contract duration will be from October 1, 2003 through September 30, 2004 The service schedule will be coordinated out of our Poway, California office using technicians and engineers based in our Sarasota, Florida office. Please contact Scott Labelle or Jim Pike regarding any emergency service requirements. AGENOA ~o._ ,. 0EC I 6 2003 The price per scrubber per month is $1,374 and includes all services as stated above. Service will be invoiced quarterly based on the actual number of systems on-line and serviced each month. Please do not hesitate to call us if you have any questions or if we may be of any assistance. Sincerely, Vaughan Harshman Technical Sales Manager DEC ! I~ zaa~ EXECUTIVE SUMMARY APPROVE A UTILITY FACILITIES REIMBURSEMENT AGREEMENT WITH SOUTHERN DEVELOPMENT COMPANY, INC. (HOME CENTER PLAZA) OBJECTIVE: That the Board of County Commissioners as the governing body of Collier County, Florida, and as Ex-Officio the Governing Board'of the Collier County Water-Sewer District approve a Utility Facilities Reimbursement Agreement with Southern Development Company, Inc. CONSIDERATIONS: The Home Center Plaza development is located on the north side of U.S. 41 near the intersection of C.R. 951 and U.S. 41 in Section 4, Township 51 South, Range 26 East. This sixteen-inch (16") water main will serve this project and Collier County will extend the water main to serve property north and south of U.S. 41 from the intersection of U.S. 41/C.R. 951 to the intersection of U.S. 41 and Manatee Road. This developer showei:l an interest in developing the Home Centcr Plaza project and requested regional water service for the project. Since the Home Center project required a 10" or 12" water main, the Collier County Water-Sewer District would be willing to cost share only on the upsizing costs of the 16" water main in order to meet future demand for the surrounding vicinity. The Water-Sewer District is desirous of looped water systems; therefore the County pursuant to the agreement ,,"~¥ould reimburse the cost difference for the upgrade of the water main and for an automatic flushing device at ne end of the proposed water main that would remain until the County project completes the loop of the system. The cost sharing arrangement provides for Southern Development Company, Inc. (SDC) to pay for the 10" water main that would have been needed to serve the Home Center Plaza and for the County to pay for the up- sizing of the water main to a 16" line as well as the additional costs for appurtenances related to the up-sizing. The total estimated Utility Project cost is $72,630, these costs have been found to be fair and reasonable as compared to recently bid projects of similar scope and complexity. SDC will initially fund the total project cost of $72,630. The Water-Sewer District will reimburse SDC $55,111 for the upsizing of the water main and the additional costs for appurtenances. These costs will be paid out of water impact fees. The allocation of project costs is described in Exhibit "A and B" of the attached agreement. The County Attorney's Office has reviewed the proposed agreement. FISCAL IMPACT: Funds in the amount of $55,111 for the County Water-Sewer District's portion of the costs are available from project 70153 - US 41 Water Main from CR 951 to Manatee Road. This project is included in the FY 2004 Budget adopted by the Board on September 18, 2003, Agenda Item 2H, (Resolution 2003-318). The source of funds is water impact fees. GROWTH MANAGEMENT IMPACT: This project is included in the 2002 Water Master Plan Update adopted by the Board on February 25, 2003, Agenda Item 10 (B). ..-IIECO~~ATION: Staff recommends that the Board of County Commissioners, the Goveming aard of Collier County, and, as Ex-Officio, the Governing Board of the Collier County Water-Sewer District: 1. Approve the Utility Facilities Reimbursement and Contribution Agreement with Southern Development Company, Inc. 2. Authorize the Chairman to sign the agreement on behalf of the Board. 3. Authorize staff to record the agreement in the Public Records of Collier County. PREPARED BY: ~nn Marie Saylor, Oc[¢rations Analyst Date Ronald F. Dillard, P. E., Senior Project Manager Date REVIEWED BY: Jef~re37 Waf'ker, Risk Management Director ,.._.REVIEWED B Y: T~(,.,)W~:p~rector APPROVED BY: ~ ~ '%,,h .d/lJtilities . DeLony, P.E., P: Utilities Administrator Date Date CONTRIBUTION AGREEMENT Home Center Plaza Water Utilities THIS CONTRIBUTION AGREEMENT is made and entered into this of , 2003, by and between SOUTHERN DEVELOPMENT COMPANY, INC., a Florida corporation herein "CONTRACTOR", and TI-IE BOARD OF COUNTY COMMISSIONERS OF COLI.IFJR COUNTY, FLORIDA AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT hereinafter "County". RECITALS: WHEREAS, Contractor is desirous of entering into a contribution agreement with the County whereby the County agrees to pay cash in exchange for the construction and installation of certain UPSIZED regional water system facilities, improvements or additions thereto, made to the County's regional system, which are not presently needed by Contractor to satisfy the project's needs, but which are requested by the County to accommodate needs of others; and WHEREAS, Contractor either has legal control over, or is the legal owner of certain lands described in Exhibit "A" (hereinafter referred to as "Project" or "Water System Impact Development Lands") attached hereto and incorporated herein by references which upon development in near future will be subject to the imposition of water and wastewater system impact fees; and WHEREAS, all parties acknowledge that the valuation of eligible anticipated construction to the County's regional water system shall initially be based upon professional opinions of total project probable costs certified by a professional engineer; and WHEREAS, all parties acknowledge that in the case of contributions of construction or installation of improvements, the value of Contractor's proposed contribution shall be adjusted upon completion of the construction to reflect the actual cost of construction or installation of improvements contributed by Contractor; and WHEREAS, the County Public Utilities Division has recommended to the Board of County Commissioners that it will be advantageous to the public for Contractor to install certain water utility facilities described in Exhibit "B" and "C" which facilities are hereinafter referred to as the "Utility Project", which are composed of, among other things, UP-SIZF. D water utility facilities that are larger in size and that will carry capacity in excess of the size and capacity determined by Contractor to be needed solely to accommodate Contractors' Project; and WHEREAS, the County is amenable to reimbursing Contractor's increased materials costs and increased installation costs actually incurred and paid by Contractor, which costs would not have been incurred or paid but for the up-sizing of the subject water transmission facilities; and WHEREAS, all parties acknowledge that NO CREDIT WHATSOEVER for land, easements, construction or infrastructure otherwise required to be built or transferred to the County by law, ordinance or any other rule or regulation shall be considered or included in the value of any developer's contribution pursuant to the Contribution Agreement but shall be eligible for reimbursement of provided for in said law, ordinance or rule or regulation; and WHEREAS, all parties acknowledge that all construction cost estimates shall be based upon, and all construction plans, specifications and conveyances shall be in conformity with the utility construction standards and procedures of the County and shall be first approved by the Collier County Public Utilities Administrator prior to commencement of construction; and WHEREAS, Contractor acknowledges and agrees that Contractor shall have full power and authority to cause the construction or installation of the subject contribution and thereafter execute any and all documentation on behalf of Contractor necessary to convey the contribution to the County in'conformance with the County's utilities standards and procedures ordinances and regulations; and WHEREAS, Contractor has submitted to the Collier County Public Utilities Administrator an acceptable proposed plan and estimate of costs for the subject contributions (hereinafter "Proposed Plan") which includes but is not limited to' a. A designation and description of the Water System Impact Development for which the Proposed Plan is being submitted; b. No land is proposed to be donated; c. Acceptable initial professional opinions of probable construction cost for the proposed construction prepared by a professional engineer; d. An acceptable proposed time schedule for the completion of proposed plan prepared by a professional engineer; and e. A twenty-five hundred dollar ($2,500) processing, review and audit fee payable to the County; and WHEREAS, after reasoned consideration by the Board of Commissioners, the Board has authorized the County Attorney to prepare this Contribution Agreement upon the Board finding that: a. The subject Proposed Plan is in conformity with the contemplated improvements and additions to the County's regional water system; bo Such Proposed Plan, viewed in conjunction with other existing or proposed plans, will not adversely impact the cash flow or liquidity of the County's water qv~t,~,-,, I NO. ! DEC impact fee trust account in such a way as to frustrate or interfere with other planned or ongoing growth necessitated capital improvements and additions to the County's regional utility systems; Co Such proposed Plan, viewed in conjunction with other existing or proposed plans, will not create a detrimental imbalance between the treatment and transmission capabilities of the County's regional water system; d. The Proposed Plan is consistent with the public interest; and The proposed time schedule for completion of the Proposed Plan is consistent with the most recently adopted five-year capital improvement program for the County's regional water system; and WHEREAS, the Board of County Commissioners finds that the contributions contemplated by this Contribution Agreement are consistent with the County's existing comprehensive plan; and WHEREAS, Contractor agrees and acknowledges that it shall not proceed to install and construct any portion of the subject contribution, nor shall this Contribution Agreement be effective unless Contractor's legal counsel shall satisfactorily advise the County Attorney in writing prior to time of recordation of this Contribution Agreement as required herein, that Contractor has all funds necessary to complete the contribution available and under its control; and WHEREAS, the contribution contemplated under this Contribution Agreement shall be construed and characterized as work done and property rights acquired by a utility or other persons engaged in the distribution of water for the purpose of constructing or installing on established rights-of-way, mains, pipes, cables, utility infrastructure or the like; and WHEREAS, this Contribution Agreement shall not be construed or characterized as a development agreement under the Florida Local Government Development Agreement Act. WlTNES SETH: NOW, THEREFORE, in consideration of Ten Dollars ($10.00) and other good and valuable consideration exchanged amongst the parties, and in consideration of the covenants contained herein, the parties agree as follows: 1. The above recitals are true and correct and shall be incorporated herein. o In exchange for the contributions identified and contemplated in this Contribution Agreement, Contractor shall be entitled to a cash reimbursement as more particularly described herein. iAG£ I'lOJ~ IT£~q ! 6 2003 o The amount of Contractor's cash reimbursement shall be determined according to the following standards of valuation: a. The Contractor acknowledges and agrees that with regard to this Agreement there are to be no donations of land for which there is to be any credit from the County. The value of eligible and anticipated construction to the County's regional water system shall be based upon professional opinions of total project probable cost certified by a professional engineer. In the case of contributions of construction or installation of improvements, the value of Contractor's proposed contribution shall be adjusted upon completion of the construction to reflect the actual cost of construction or installation of improvements experienced by Contractor, exclusive of design costs. However, in no event shall any upward adjustment exceed twenty percent (20%) of the initial estimate of costs for contributions. The initial estimate of costs for contributions under this Contribution Agreement is detailed in Exhibit "C". No credit whatsoever for lands, easements, construction or infrastructure otherwise required to be built or transferred to the County by law, ordinance or any other rule or regulation shall be considered or included in the value of any developer's contribution. A narrative description of the contribution which is the subject of this Agreement together with initial professional opinions of probable construction costs for the proposed construction and a time schedule for completion of the Proposed Plan, if applicable, prepared by a professional architect or engineer, are attached hereto as composite and Exhibit "B", the Proposed Plan, which is incorporated herein by reference. Upon execution of this Contribution Agreement, additional work requested by the County beyond that contemplated in the description of and estimate of costs for contributions under this Contribution Agreement shall be paid for by the County and shall not be considered or included in the value of any Developer's contribution. An annual review and audit of performance under this Contribution Agreement shall be performed by the County to determine whether or not there has been demonstrated good faith compliance with the terms of this Contribution Agreement. If the Collier County Board of Commissioners finds, on the basis of substantial competent evidence, that there has been a failure to comply with the terms of this Contribution Agreement, the Agreement may be revoked or unilaterally modified by the County. Contractor shall keep or provide for retention of adequate records and supporting documentation which concern or reflect total project cost of construction or installation of any improvements to be contributed. This information shall be available to the County, or its duly authorized agent or representative, for 0.__/o__% ! D£C 162003 inspection, or copying, for a minimum of five (5) years from the termination of this Contribution Agreement. 7. The failure of this Contribution Agreement to address any permit, condition, term, or restriction shall not relieve either the Developer or its successors, of the necessity of complying with any law, ordinance, rule or regulation governing said permitting, requirements, conditions, or terms of restrictions. This Contribution Agreement shall be modified or revoked as is necessary to comply with all relevant State or Federal laws, State or Federal laws enacted after the execution of this Contribution Agreement which are applicable to and preclude the parties compliance with the terms of the Contribution Agreement. o Except as otherwise provided herein, this Contribution Agreement shall only be modified or amended by the mutual written consent of the parties hereto or by their successors in interest. The burdens of this Contribution Agreement shall be binding upon, and the benefits of the Contribution Agreement shall inure to, all successors in interest to the parties to this Contribution Agreement. 10. The performance and execution of this Contribution Agreement shall be carried out in conformance with the Risk Management Guidelines established by the County's Risk Management Department as more particularly described in Exhibit "E" attached hereto and incorporated herein by reference. 11. This Contribution Agreement shall be recorded by the County in the Official Records of Collier County, Florida within fourteen (14) days after the County, by its duly authorized Chairman, executes this Agreement. A copy of the recorded document will be provided to Contractor. 12. Any party to this Agreement shall have the ability to file an action for injunctive relief in the Circuit Court of Collier County to enforce the terms of this Contribution Agreement, said remedy being cumulative within any and all other remedies available to the parties for enforcement of this agreement. IN WITNESS WHEREOF, the parties have hereunto affixed their signatures by their duly authorized representatives. DATED: ATTEST: DWIGHT E BROCK, Clerk BOARD OF COUNTY COMMISIONERS COLLIER COUNTY, FLORIDA, A POLITICAL SUBDIVISION OF THE STATE OF FLORDA By: By: Deputy Clerk JAMES M. COLETTA, Chairman WITNESSES: FIRST WITNESS: Print/type name SECOND WITNESS: lfrint/type name SOUTHERN DEVELOPME~ANY, / // -Marlo Cufiale, 'Director STATE OF COUNTY OF The foregoing instrument was acknowledged before me this ~'4 day of____~_, 2003,by MARIO CURIAI.F., President of SOUTHERN DEVELOPMENT COMPANY, INC., a Florida Corporation, on behalf of the corporation. He is [ ] personally known to me, or [ ] has produced driver's license no. ~ ~ ¢o -fi'Co ~.5'/-/55 -0 as identification. NOTARY PUBLIC (SEAL) Name: ffarba~,a ;re~,,o 5r~aor~_~ (Type or Print) My Commission Expires: t/O/a 5/ Approved as to forn).and legal sufficiency: Thoma~s P~lmer, A~sistant County Attorney BARBARA JEAN MOORE: My COrem F.~p, 1117/04 No, CC 896761 NO._j/~,, , g 2003 EXHIBIT "A" HOME CENTER PLAZA-16" WATER SERVICE Description of land (Physical Location of tf ater Main) The 16" water main complete with fittings and ready to be placed into service exists within the U.S. 41 Right of Way. The 16" water main is located along the south shoulder of U.S. 41 beginning at the east Right of Way Line of C.R. 951 and extending 780' ± to its eastern terminus. -- AC.,I[IIOA ITl# ~ DEC ~G 20{ EXHIBIT "B" HOME CENTER PLAZA-16" WATER SERVICE Project Description The project consists of 740 feet of 16" PVC water main complete, ready to be placed into service including tie-in to existing County 20" water main, including all fittings, valves and appurtenances. The main exists within the U.S. 41 Right of Way and extends along the south shoulder of U.S. 41 approximately 740 feet eastward l~om the tie-in point at the east Right of Way line of CR. 951. Home Center Plaza AKA MARCO BUILDING SUPPLY Davidson Engineering 2154 Trade Center Way, Suite 3 Naples, FL 34109 Phone: 239-597-3916 Fax: 239-597-5195 Prepared by: Jeff Davidson Davidson Engineering, Inc. Collier County Water Main Cost Estimate Description Quantity Each Total 16' C-900 CL 150 690 LF 34.33 23,687.70 16" BUTTERFLY VALVE I EA 2,500.00 2,500.00 16" 45 DEGREE BEND 2 EA 990.00 1,980.00 16' X 12" TEE lEA 1,410.00 1,410.00 16" SLEEVE 1EA 500.00 500.00 16" BELL RESTRAINT 7 EA 500.00 3,500.00 16" X 2' CAP lEA 550.00 550.00 16' PLG lEA 2,500.00 2,500.00 AUTO. FLUSH. DEVICE lEA 5,200 5,200 16" Water/Fire Main Total $41,827.70 10" C-900 CL200 690 LF 11.72 8,086.80 10" GATE VALVE I EA 1,080.00 1,080.00 10" TEE I EA 480.00 480.00 10' 45 DEGREE BEND 2 EA 310.00 620.00 10" BELL RESTRAINT 7 EA 207.50 1,452.50 10" X 2" CAP 1 EA 240.00 240.00 10" LP SLEEVE 1 EA 360.00 360.00 AUTO. FLUSH. DEVICE 1 EA 5,200 5,200 10" Water/Fire Main Total $17,519.30 Difference between 16" and 10" water main cost = $24,308.40 The chore cost estimates are to accompany the attached base plan showing the proposed 16" water main construction within the US41 Right Of Way. Home Center Plaza AKA MARCO BUILDING SUPPLY ADDENDUM Davidson Engineering 2154 Trade Center Way, Suite 3 Naples, FL 34109 Phone: 239-597-3916 Fax: 239-597-5195 Collier County Water Main Cost Estimate Nov. 13, 2003 Prepared by: Jeff Davidson Davidson Engineering, Inc. Description Quantity Each Total 16" C-900 CL 150 690 LF Additional Cost Per L.F. 15.67 10,812.30 16' C-900 CL 150 50 LF Additional Length 50.00 2,500.00 16" 45 DEGREE BEND 1 EA I Additional Bend 990.00 990.00 16" X 2" C153 TP lEA 1,200.00 1,200 16" SLEEVE lEA 500.00 500.00 16" BELL RESTRAINT 4 EA Four Additional 500.00 2,000.00 20" MEGALUG lEA 600.00 600.00 16" PLG 2 EA 2 Additional 2,500.00 5,000.00 20"x16' REDUCER I EA 1,200.00 1,200.00 PIG 1 EA 1,500.00 1,500.00 ADDITIONAL ENG/INSP 4,500.00 4,500.00 16" Water/Fire Main Total $30,802.30 The above costs are additional to the original estimate of $ 41,827.70 for the 16" water main construction. The total estimated revised difference in construction costs between the 10' water main and the 16" water main are as follows: $41,827.70 + $30,802.30 - $17,519.30 = $55,110.70 DEC 1 G 2O0.. EXHIBIT "D" HOME CENTER PLAZA -16" WATER SERVICE Region to be Served The subject 16" water main will currently serve a project area known as Home Center Plaza which is a 16.2 acre parcel located along the length of the main and on the north side of U.S. 41. Collier County has plans for the subject main to be extended and ultimately serve property north and south of U.S. 41 from the intersection of US. 41/C.R. 951 to the intersection of U.S. 41/ Manatee Road. EXHIBIT 'E' RISK MANAGEMENT GUIDELINES Insurance Provisions: Developer shall require all contractors performing work pertaining to this Agreement to procure and maintain the following insurance policies. Prior to the commencement of work, Developer shall provide to the County certificates of insurance indicating these coverages. Comprehensive General Liability: Contractor shall maintain minimum limits of $1,000,000 per occurrence Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include Premises and/or Operations, Independent Contractors and Subcontractor, Completed Operations, Board Form Property Damage, XCU Coverage and Contractual Liability endorsement. Worker's Compensation: Coverage shall apply for statutory Limits in compliance with applicable state and federal laws. The policy must include Employer's Liability with a limit of $1,000,000 each accident. Business Automobile: Contractor shall carry minimum limits of $1,000,000 per occurrence Combined Single Limit for Bodily Injury include Owned Vehicles, Hired and Non-owned Vehicles and Employee Non-ownership. Additional Insured, Miscellaneous: The Collier County Board of County Commissioners are to be added as an Additional Insured on the Comprehensive General Liability Policy. Current valid insurance policies meeting the requirements herein identified shall be maintained during the duration of the utility project. Renewal certificates shall be sent to the County 30 days prior to any expiration date. There shall be a 30-day notification to the county in the event of a cancellation or modification of any stipulated insurance coverage. Developer shall be responsible for ensuring that the contractor complies with the above- mentioned requirements. No work shall commence until proper certificate(s) indicating compliance are received by the County. DEC 162( Indemnification Provisions: Developer, in consideration of Ten Dollars ($10.00) receipt and sufficiency of which is accepted through the signing of the Agreement to which this exhibit is attached shall hold harmless and defend County and its respective agents and employees from all suits and actions, including attorney fees and all costs of litigation and judgments of any name and description arising out of or incidental to Developer's performance under the subject Agreement or the relocation of the Utility Facilities thereunder. This provision shall also pertain to any claims brought against the County by any employee of Developer, any Contractor or Subcontractor or anyone directly or indirectly employed by them. Developer's obligation under this provision shall not be limited in any way by the contribution amount or Developer's limit of or lack of sufficient insurance protection. EXECUTIVE SUMMARY APPROVE CONTRACT 03-3517 WITH GREELEY AND HANSEN LLC FOR "PROFESSIONAL ENGINEERING SERVICES FOR WATER MAIN PROJECTS" IN THE AMOUNT OF $889,999 FOR PROJECTS 70151, 70152, AND 70153. OBJECTIVE: To Receive Board approval of a contract for professional engineering services related to three water transmission main projects along Collier Boulevard (CR 951) and East US 41. CONSIDERATIONS: The 2001 and 2002 Water Master Plan Updates include the construction of three water transmission mains to carry treated water from the South County Regional Water Treatment Plant to proposed water storage facilities on Manatee Road. A Request for Proposal was issued for the purpose of establishing a contract with a firm capable of providing engineering services required for these water transmission mains under the direction of i;he Public Utilities Engineering Department. The Request for Proposal (RFP) was issued in accordance with Florida State Statute 287.055, Consultant Competitive Negotiation Act, and publicly advertised on April 10, 2003. Notices were sent to 153 firms and responses were received from eleven firms by the due date of May 9, 2003. A Selection Committee meeting was held on June 20, 2003, and after review, scoring and discussion of .the proposals, by consensus of the members, the firms were selected for the short list as follows. 1. Greeley and Hansen LLC 2. Wilson Miller 3. CH2M Hill On July 29, 2003, Agenda Item 16 (C) 14, the Board approved the ranking of the firms and authorized staff to negotiate a Contract with the top ranked firm. Staff has negotiated a Contract with Greeley and Hansen for all engineering services from design through final completion. The scope of work consists of survey, preliminary design, final design, permitting, services during bidding, construction contract administration, detailed observation during construction, and additional services for two water transmission mains along Collier Boulevard (Davis to Rattlesnake Hammock and Rattlesnake Hammock to US 41) and one along US 41 (Collier Boulevard to Manatee Road). Staff has determined that the scope and fees are fair and reasonable. The fees are commensurate 'with the level of complexity and the magnitude of these projects. The number of design hours per drawing is less than 59 hours per sheet, which is below the industry standard of 60 to 80 hours per sheet. The total proposed fees are 10.9 percent of the planning level estimated construction cost of $8,188,400. This is within the industry standard range of 10 to 15 percent. [""~' xat"~9~'~----' I~" it.c . I o 2003 . PG. / Executive Summary Approve Ranking Page 2 FISCAL IMPACT: Funds for the three projects are included in the 2003 budget adopted by the Board on September 18, 2002, Agenda Item 2 and in the FY 2004 Budget adopted by the Board on September 18, 2003, Agenda Item 2H, (Resolution 2003-318). The source of funds is water impact fees. GROWTH MANAGEMENT IMPACT: These projects are consistent with the 2001 Water Master Plan Update, adopted by the Board on December 11, 2001, Agenda Item 8 (B), and the 2002 Water Master Plan Update adopted by the Board on February 25, 2003, Agenda Item 10 (B). RECOMMENDATIONS: That the Board of County Commissioners, as Ex-officio the Governing Board of the Collier County Water Sewer District, approve Contract 03-3517 with Greeley and Hansen LLC for "Professional Engineering Services for Water Main Projects" in the amount of $889,999 and authorize the Chairman to execute a standard County contract. SUBMITTED BY: Ronald F. Dillard, P.E., Senior Project Manager Public Utilities Engineering Department DATE: REVIEWED BY: William D. Mullin, P.E., Principal Project Manager Public Utilities Engineering Department DATE: iz-~-e'-3 REVIEWED BY: _ Roy B. Anderson, P.E., Director Public Utilities Engineering Department Paul E. Mattausch, Water Director · 'Stephen Y. Carthtell, Parc?siC/ct ~~Y~ ~es W. DeLony, P.E., Public~ilities ~:ffd DATE: DATE: DATE:C~J)'~U~ Z)_~ Administrator DEC 1 8 2003 EXECUTIVE SUMMARY APPROVE WORK ORDER WMI-FT-04-01 UNDER CONTRACT 01-3290 WITH WILSONMILLER, INC. IN THE AMOUNT OF $161,500.00 FOR PROFESSIONAL SERVICES ASSOCIATED WITH REZONING AND SITE DEVELOPMENT PLANNING FOR THE SITE OF THE PROPOSED NORTHEAST REGIONAL WATER RECLAMATION FACILITY AND WATER TREATMENT PLANT, PROJECT NUMBERS 70154 AND 73155. OBJECTIVE: To obtain approval of a work order under the Agreement for Fixed Term Professional Engineering Services (Contract 01-3290) authorizing performance of professional services necessary for rezoning and site development planning of property purchased for the proposed Northeast Regional Water Reclamation Facility, Water Treatment Plant and other utility related facilities. CONSIDERATION: On May 13, 2003, the Board of County Commissioners approved the acquisition of a 216-acre site in the Orangetree PUD for the purpose of constructing a proposed water reclamation facility, water treatment plant and other utility related facilities to serve the northeast region of the County (Agenda Item 10 C). It is necessary to rezone the property to accommodate the proposed uses. In this regard, site development planning services are necessary to prepare the application and develop a master site plan required for the rezoning process as well as providing the best use of the site for the proposed uses. Therefore, the attached work order has been prepared to obtain the professional services necessary for this purpose. This work order is being performed under the annual contract for Fixed Term Professional Engineering Services [Contract 01-3290, approved by the BCC on December 3, 2002, Agenda Item 16(E)1]. The work order is consistent with the scope of services in said contract. The fixed fee amounts for tasks #1 through #7 are the result of negotiation as to the most. reasonable cost to perform the scope of work associated with these tasks. The fees for tasks #8, #9 and #10 are estimated time and material costs associated with these tasks. The actual cost for these tasks will be based upon the fee schedule contained in the proposal, which is attached to the work order. The total amount of fees is considered to be fair and reasonable for the scope of services to be rendered under this authorization. FISCAL IMPACT: The total cost associated with this work order is $161,500.00. Funding for this obligation is available in and is consistent with the FY 04 Capital Budget approved by the BCC on September 18, 2003. Current appropriations are identified in the Water Impact Fee Fund (411), NE Regional WTP Acquisition Project (70154) and the Sewer Impact Fee Fund (73155), NE Regional WRF Acquisition Project (73155). The source of funds is Water and Wastewater Impact Fees. GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan related to this item. RECOMMENDATION: That the Board of County Commissioners, Ex-officio the Governing Board of the Collier County Water-Sewer District: 1. Approve Work Order WMI-FT-04-01 with WilsonMiller, Inc. in the amount of $161,500.00. 2. Authorize the Public Utilities Administrator to execute the Work Order. SUBMITTED BY:__ REVIEWED BY: REVIEWED BY: Date: Harry Huber, Senior Project Manager Public Utilities Engineering Depadment ~(J?..¢,~--_, _ Date: William D. Mullin, P.E., Principal Project Manager Public Utilities Engineering Department ~¢/~, ~ Date: S~eve C~rnell, ~irector Purohasing Depadment U~ ~ ~ Date: REVIEWED BY: Roy Anderson, P.E., Director ~~Public Utilities En~~padment APPROVED B~~ ~-' Date: e.on , Utilities Administr~or DEC I 8 2003' WORK ORDER # WMI-FT-04-01 Agreement for Fixed Term Professional Engineering Services Dated December 3, 2002 (Contract #01-3290) This Work Order is for professional engineering services for work known as Northeast Water Reclamation Facility / Northeast Water Treatment Plant For Rezoning and Site Development Planning of property purchased for proposed NERWRF/NERWTP and other utility related facilities. the The work is specified in the proposal dated November 11~ 2003 which is attached hereto and made a part of this Work Order. In accordance with the Terms and Conditions of the Agreement referenced above, Work Order # WMI-FT-04-01 is assigned to Wilson Miller, Inc. Scope of Work' Task 1: Task 2: · Task 3: · Task 4: · Task 5: · Task 6: · Task 7: · Task 8' · Task 9: · Task 10 Schedule of Work: Complete work within Notice to Proceed authorizing start of work. Boundary Survey Site Master Planning Traffic Impact Statement Environmental Impact Statement Conceptual Stormwater Plan PUD Rezone Application Meetings, Public Hearings and Support Services for the PUD Rezone Application Additional Services (if required). TIS Data Collection (if required). Reimbursable Expenses 300 days from receipt of the Compensation: In accordance with Article Five of the Agreement, the County will compensate the Firm in accordance with the negotiated lump sum amounts indicated in the schedule below (if a task is time and material, so indicate and use the negotiated hourly rate(s) as enumerated in the attached proposal). Task 1 $16,000.00 (lump sum) Task 2 30,000.00 (lump sum) Task 3 12,000.00 (lump sum) Task 4 8,000.00 (lump sum) Task 5 14,000.00 (lump sum) Task 6 20,000.00 (lump sum) Task 7 40,000.00 (lump sum) Task 8 15,000.00 Time & Material Task 9 4,500.00 Time & Material Task 10 2,000.00 Time & Material TOTAL FEE $161,500.00 AGENDA IT£1~ ~ ,o. DEC 1 6 2003 PG. 3 Any change within monetary authority of this Work Order made subsequent to final department approval will be considered an additional service and will be subject to further written approval. Harry Huber, Senior Project Manager Public Utilities Engineering Department /z ._~. 0..3 Date REVIEWED BY 'Stephen Y. Carnell, Director Purchasing Department Date AUTHORIZED BY Roy B. Anderson, P. E. Director Public Utilities Engineering Department Date APPROVED BY James W. DeLony, P. E., Administrator Public Utilities Division Date Witnesses (2) ACCEPTED BY: (1) By: Date: (2) By: Signature Print Name Signature Print Name WilsonMiller, Inc. Name of Firm By: David S. Wilkison, P.E. Senior Vice President Approved as to Form and Legal Sufficiency: Assistant C'ounty Attorney 2003 Wils nMiiler® New Directions In Planning, Design & £ngineedng P. U. E. B. '03DEC-3 PA 17 PROFESSIONAL SERVICES PROPOSAL TO: FROM: Mr. Harry Huber, Senior Project Manager Public Utilities Division Engineering Department 3301 East Tamiami Trail Building H, Third Floor Naples.[.FL 3411~ Craig J. ~P,E. Project Manager David S. Wilkison, P.E. Senior Vice President DATE: SUBJECT: December 3, 2003 Professional Services Proposal for Rezoning and Site Development Planning of Property Purchased for the proposed Northeast Regional Water Reclamation Facility, Water Treatment Plant and other utility related facilities. OVERVIEW 1.1. Public Utilities Division Engineering Departrnent (PUED) intends to retain the professional services of a consultant to provide planning and land use services for the property purchased for the Northeast Regional Water Reclamation Facility (NERWRF), Northeast Regional Water Treatment Plant (NERWTP) and other Collier County owned facilities. This Proposal anticipates that the extent of these facilities will require that the property be zoned to Planned Unit Development district (PUD). 1.2. WilsonMiller, Inc. has been requested to submit a proposal to render professional planning and engineering services for the Project. 1.3. The property to be rezoned consists of approximately 216 acres consisting of properties having the following Collier County folio numbers: 00210041309; 00209961704; 00209920208; 00210041008; 00209961607; 00209920101; 00209961005; 0209920004 and 00209800001. 1.4. At this time, Collier County anticipates that the 216 acre site will be used for a potable water treatment plant, wastewater treatment plant, solid waste transfer station and a park or recreational site. 2. SCOPE OF SERVICES 2.1. Surveying 2.1.1 Prepare a boundary survey of the Project boundary for a two hundred sixteen (216) acre parcel. Horizontal control will be based on state plane coordinates. Offices strategically located to serve our clients 800.649.4336 t~0. Naples/Corporate Office 3200 Bailey Lane, Suite 2~ . Naples, Florida 34105 · 239.~9.4040 . F~ 239.~3.571~ WilsdnMiller' New Directions In Planning, Design & Engineerin¢ Mr. Harry Huber Proposal Northeast Regional Water Reclamation Facility Rezone Page 2 December 3, 2003 2.1.2 Prepare a limited topographic survey of the Project site. 2.2. Site Master Planning 2.3. 2.2.1 Obtain available (from the Collier County Property Appraiser's office) aerial photography surrounding the project area to be used throughout the rezoning process. 2.2.2 Obtain site information and PUED program information regarding intended use of property to be rezoned. Meet with representatives of the Collier County Solid Waste and Parks and Recreation Departments two (2) times to obtain program information regarding the proposed solid waste transfer station and park proposed for this site. 2.2.3 Based on the anticipated site program prepare two (2) preliminary alternative layouts of the program elements on site. 2.2.4 Review with Client and select a preferred alternative. 2.2.5 Enter the client selected Site Master Plan and the building and tankage footprints into an AutoCAD 2000 digital format file. The Site Master Plan will include information stipulated in the Collier County Land Development Code to graphically illustrate the development strategy. Prepare the Traffic Impact Statement (TIS) generally required for the rezone application. This work will be prepared consistent with Collier County guidelines and as agreed in the pre-application conference. 2.3.1 The TIS will include an analysis of the traffic that is likely to be generated by the use proposed, and as appropriate, a traffic mitigation plan. The appropriate trip generation methodology to be used will be determined at a pre-application or transportation methodology conference with County Staff. It will be necessary to perform one or more travel demand model simulations in order to develop background traffic forecasts and assist in site traffic distribution analysis. WilsonMiller will develop the travel model parameters for this project and run the simulations using existing Metropolitan Planning Organization (MPg) models. The performance of any required travel demand modeling for use in the TIS, and the collection of any additional data required by Collier County, are included as part of this proposal. The data collection is included in this proposal as "if necessary" items, the need for which would be decided at the pre-application or transportation methodology conference with County Staff based upon the availability of required data from existing sources. 2.3.2 The transportation planning services to be provided by WilsonMiller are based upon one (1) agreed upon a single land use scenario approved by the client for a single phased development. This fee does not include any sensitivity analysis to test various alternative land use scenarios, mixes, or intensities, except as may be required to establish appropriate levels of mitigati(i,-, ;'or ~t~^ ~T~, __= DEC 1 G 2003 Wils nMiiler* New Directions In Planning, Design & Engineering Mr. Harry Huber Proposal Northeast Regional Water Reclamation Facility Rezone Page 3 December 3, 2003 2.4. 2.5. agreed upon scenario. If such sensitivity testing is needed and requested by Client, WilsonMiller will perform such work as an additional service.. In the event that Client or Collier County requires an analysis of more than one scenario or phase, WilsonMiller will perform such work as an additional service. Prepare an Environmental Impact Statement (ELS) generally required for the rezone application. Conduct a listed species survey and document findings in the ElS report. Prepare a SFWMD jurisdictional determination request package including soils map, quad map and aerial to SFMWD. Conduct a site visit with SFWMD. Prepare and submit an ElS. Prepare a Conceptual Stormwater Management Report generally required for the rezone application. 2.6. PUD Rezone Application 2.6.1 Based upon a site plan completed in Task 2.2, WilsonMiller will prepare the PUD master plan report to be submitted with the rezone application for public hearing and used in support of the rezone to PUD petition during the public hearing process. A color rendered PUD master plan will also be prepared for use in public hearings. 2.6.2 Prepare a rezone to PUD application, PUD document and support documentation, and required exhibits and submit to Client and Client's attorney for review and comment prior to submittal. 2.6.3 Prepare a Buffer Plan and line of sight exhibit to address the expected concerns of neighboring property owners regarding the visibility of the proposed development from their properties. 2.7. Client and Team Meetinqs, Nei.qhborhood Information Meeting, Public Hearin.qs, and Support Services for the PUD Rezone Application 2.7.1 Because of the nature of this project and the anticipated concerns of area property owners the effort required at this stage of the project may be very extensive. At a minimum, WilsonMiller will: a. At one (1) meeting, meet with the Client and Client's attorney to confirm the site program and general configuration, to establish and review the land use requirements for the site, and to confirm potential land use issues associated with the Project. b. Prepare information for and attend a rezoning pre-application conference with Collier County Development Services staff (one (1) meeting required). c. Prepare information for and attend the neighborhood information meeting as required by Collier County Land Development Code (one meeting required). Wils nMiller New Directions In Planning, Design & Engineering Mr. Harry Huber Proposal Northeast Regional Water Reclamation Facility Rezone Page 4 December 3, 2003 Prepare responses to requests for additional information from Collier County Development Services regarding the PUD rezone application and prepare materials/information for and attend meetings with County Development Services staff during their sufficiency review of the application. 2.7.2 2.7.3 Review County staff reports, stipulations, and conditions concerning the PUD rezone application, and will provide assistance to Client and Client's attorney in negotiating terms and conditions of approval of the rezone. Prepare for and attend a public hearing conducted by the Environmental Advisory Council (EAC), Collier County Planning Commission, and Board of County Commissioners for the PUD rezone application (one hearing by each body). 2.8. Additional Services (if required) 2.8.1 Additional meetings with the area residents in addition to the required neighborhood meeting. 2.8.2 2.8.3 Additional research and unusual defense of the project regarding potential noise, odor and other nuisance effects on area homeowners. The extent of this effort will only be known after the initial neighborhood meeting is held. Existing available traffic data will be used to the maximum extent feasible. In the event that insufficient traffic data is available from existing sources, it may be necessary for WilsonMiller to collect machine traffic count data and/or manual turning movement data on one or more facilities within the radius of influence of the project. WilsonMiller or one of its traffic data collection subconsultants will collect the necessary data in the manner prescribed by Collier County. 2.8.4 Provide additional site planning services as required. It is acknowledged that additional fees may be needed based on the specific scope of work required. 2.9. Reimbursable Expenses 2.9.1 Expenses for blueprints, reproduction services, database searches, color graphics, overnight express delivery service and long distance telephone calls shall be reimbursable to WilsonMiller. 3. GENERAL CONDITIONS AND UNDERSTANDING~ 3.1. All application fees and public notice costs, such as zoning signs and newspaper advertisements will be paid by Collier County. The Client shall be responsible for the preparation and costs of mail-outs and for arranging meeting space required for public meetings. 1 2003 Wiis nMiller* New Directions In ~anning, Desicn & Engineering Mr. Harry Huber Proposal Northeast Regional Water Reclamation Facility Rezone Page 5 December 3, 2003 3.2. 3.4. 3.5. WilsonMiller will be given free access to information regarding this project. Client will provide copies of existing surveys, as-built drawings, and any other environmental, engineering, survey data or other documentation for the project to Consultant for analysis purposes. Legal counsel will be required for the neighborhood meeting and public hearings. This Proposal is prepared with the understanding that the Client will retain the services of legal counsel for this project. It is understood that the Public Utilities Engineering Department will represent the applicant by taking the lead role in the public hearings and neighborhood meetings. FEES, The fees for SCOPE OF SERVICES shall be on a lump sum, fixed fee basis except for scope of service items 2.7, 2.83 and 2.9, which will be billed on a time, materials and expenses (T/M/E) basis. In accordance with Schedule A of Contract No. 01-3290, Collier County Fixed Term Professional Engineering Services Contract, the following rate fees are for other categories of professional support and other services mutually negotiated by the County and WilsonMIIler for this project. Time related fees for this project will be based on the hourly rate schedule as negotiated and provided below as follows: PC2 PC4 PC5 PC6 PC7 CT3 CT4 CT5 AM1 SC2 SC4 GS1 GS2 GS3 GS4 GPC Junior Drainage Engineer Professional Engineer, Planner or Ecologist Senior Design Engineer Senior Project Manager/Senior Project Planner Planning and Ecology Depadment Director Computer Designer AutoCAD Designer Senior AutoCAD Designer Administrative Specialist 2 Person Field Crew 3 Person Field Crew Geographic Information Systems Analyst 1 Geographic Information Systems Analyst 2 Geographic Information Systems Specialist 3 Geographic Information Systems Specialist 4 GPS Crew $85.00/Hr. $110.00/Hr. $125.00/Hr. $137.00/Hr. $150.00/Hr. $75.00/Hr. $90.00/Hr. $100.00/Hr. $45.00/Hr. $100.00/Hr. $125.00/Hr. $60.00/Hr. $75.00/Hr. $90.00/Hr. $105.00/Hr. $135.00/Hr. Wilso*nMiller* New Directions In ~annmg, Desi~Tn & £n~neenng Mr. Harry Huber Proposal Northeast Regional Water Reclamation Facility Rezone Page 6 December 3, 2003 Reimbursable material and expenses shall be paid based on Contract # 01-3290; Fixed Term Professional Engineering Services dated December 3'd, 2002. The fees for SCOPE OF SERVICES shall be as follows: SERVICE FEE FEE TYPE* AMOUNT 2.1 Surveying Fixed $ 16,000 2.2 Site Master Planning Fixed $ 30,000 2.3 Traffic Impact Statement Fixed $12,000 2.4 Environmental Impact Statement Fixed $ 8,000 2.5 Conceptual Stormwater Plan Fixed $14,000 2.6 PUD Rezone Application Fixed $ 20,000 Client and Team Meetings, Neighborhood 2.7 Information Meeting, Public Hearings and Support T/M/E $ 40,000 Services for the PUD Rezone Application 2.8 Additional Services (if required) T/M/E $15,000 2.83 TIS Data Collection (if needed) T/M/E 4,500 2.9 Reimbursable Expenses T/M/E 2,000 *T/M/E - Time, materials and expenses ACCEPTANCE AND AUTHORIZATION TO PROCEED 5.1, This Proposal/Agreement is open for acceptance by Client through December 31, 2003 after which it will be withdrawn by WilsonMiller and may be subject to re-negotiation. 5.2, If this Proposal/Agreement satisfactorily sets forth Client's entire understanding of the agreement, please issue a work order in accordance with the terms and conditions of the Collier County Fixed Term Professional Engineering Services Contract No. 01-3290 and forward it to WilsonMiller as authorization to proceed with the work. EXECUTIVE SUMMARY APPROVAL OF A BUDGET AMENDMENT FOR $47,100 FOR THE OPERATION OF THE PUBLIC UTILITIES OPERATIONS CENTER OBJECTIVE: That the Board of County Commissioners, Ex-Officio the Governing Board of the Collier County Water-Sewer District, approve a budget amendment in the amount of $47,100 to fund the operation of the new Public Utilities Operations Center. CONSIDERATION: At the June 24, 2003 Meeting of the Board of County Commissioners, the Board approved the purchase of a building to house the Water Distribution, Utility Billing and Customer Service, Locate Services and a portion of the Wastewater Collections Sections of the Public Utilities Division. The purchase of the building was finalized after the submission and approval of the budget for the 2004 fiscal year. Funding is being requested for the operation of the facility for the current fiscal year. Funding is needed for general maintenance, utility services, and upkeep on the new facility. FISCAL IMPACT.:... A portion of the utility and maintenance fees will be offset by the collection of rental payments over the course of the fiscal year. Monthly rental fees are being collected from all non-Public Utilities agencies currently occupying this facility. Funding is available within the County Water/Sewer Reserves (408) Fund. GROWTH MANAGEMENT IMPACT'.. There is no growth management impact related ot the approval of this budget amendment. RECOMMENDATION..:. That the Board of County Commissioners, Ex-Officio the Governing Board of the Collier County Water-Sewer District, approve a budget amendment in the amount of $47,100 to fund the operation of the new Public Utilities Operations Center. SUBMITTED BY:~~ ~J Pamela Libby, Water Dist~ution Manager REVIEWED BY: P~ APPROVED BY:~ Date: _/ / - ,~SJ Mattausch, ~at~ctor Date: DeL bloc Utilities Division Administrator EXECUTIVE SUMMARY APPROVE BUDGET AMENDMENTS TO TRANSFER CARRYFORWARD FUNDS IN THE AMOUNT OF $119,000 FROM THE SOLID WASTE DEPARTMENT AND $18%000 FROM THE POLLUTION CONTROL DEPARTMENT TO FUND THE OFFICE RENOVATION PROJECT FOR THE PUBLIC UTILITIES OFFICES ON THE THIRD FLOOR OF BUILDING H. OBJECTIVE: To provide proportional funding for design, construction, temporary moving, storage, furniture and security equipment purchases to renovate the third floor of Building H. CONSIDERATIONS: On September 18, 2003, the Board of County Commissioners approved the FY 03 Forecast and the FY 04 Budget (Agenda item #2H). In preparation for the budget hearings, it was anticipated that the renovation project for Public Utilities offices would start during FY 03. However, the detail design portion of the project did not start until FY 04. The total estimated cost of the Building H, third floor office renovation project was estimated to be $700,000 and is broken down as follows: Fund # Fund Name FY 03 FY04 114 Pollution Control $189,000 412 Water Capital Projects $196,000 414 Sewer Capital Projects $196,000 470 Solid Waste $119,000 TOTAL .$308,000 .$392.000 '$700,000 During the budget hearing preparation, it was anticipated and forecasted that Solid Waste and Pollution Control would encumber $119,000 and $189,000 respectively in FY 03 for this project. Since the detail design did not occur until FY 04, the funds have been moved to carryforward in FY04. The office renovation work is now underway, with the portion for Public Utilities Administration, Engineering and Financial Operations being expensed and funded from Water Capital Projects Fund (412) and Sewer Capital Projects Fund (414). Since the amount forecasted in FY 03 for Solid Waste Administration and Pollution Control Administration was never expended, funds must be transferred from carryforward to make the funding for this project whole. FISCAL IMPACT: The total estimated cost of the Public Utilities office space renovation is unchanged at $700,000. The Board of County Commissioners has already approved in the FY 04 Budget, $196,000 in the Water Capital Projects Fund (412) for this office renovation project number 71015-1 and $196,000 in the Sewer Capital Projects Fund (414) for this office renovation project number 71015-2. By transferring $119,000 from carryforward from the Solid Waste Fund (470) and $189,000 from the Pollution Control Fund (114), the total estimated renovation cost of $700,000 for i AC-~ NOA lIEN ~ this project will be fully funded in FY 04. .u0. /d, ~ ~. ~, 13EC 162003 pG. / GROWTH MANAGEMENT IMPACT;.. There is no growth management impact associated with this Executive Summary. RECOMMENDATION: That the Board of County Commissioners approve budget amendments to recognize carryforward of $119,000 in Solid Waste Disposal Fund and $189,000 in Water Pollution Control Fund. SUBMITTE~~'-'~ Operations Supervisor, Public Utilities DATE REVIEWED BY: Thomas G. Wides Director, Public Utilities Operations DATE ~V~W'~~n~o~S'm ith Director, Pollution Control DATE EI~: G] George Yilmaz Director, Solid Waste .~-A-~P<~OVED BY: Jam~ w~my,P.E. ..istrator, Public Utilities / DATE DATE NO. DEC 1 PG., EXECUTIVE SUMMARY APPROVE A SCOPE INCREASE TO THE PROJECT TO RENOURISH HIDEAWAY BEACH WITH UPLAND SAND TO INCLUDE RENOURISHMENT OF HIDEAWAY SOUTH POINT, PROJECT 90541, IN THE AMOUNT OF $0 OBJECTIVE: To obtain approval of a project scope increase for the Hideaway Beach Renourishment with Upland Sand Project to include renourishment of Hideaway South Point. CONSIDERATIONS: On June 10, 2003, the Board approved $600,000 for placement of upland sand on the north end of Hideaway Beach (Royal Marco Point) under Agenda Item 10.E. In large part, this decision was based on complying with the permit conditions imposed by the Florida Department of Environmental Protection (FDEP), i.e. maintaining the beach profiles in the vicinity of temporary groins. On October 14, 2003, under Agenda Item 16.C.19, the Board approved a $183,400 purchase order ($4.34 per ton of sand plus $280 per geological report) with E.R. Jahna to provide beach compatible sand and a $387,250 work order ($4,250 plus $15.32 per ton of sand) with STD Enterprises to transport, place and grade an estimated 25,000 tons of sand. Humiston & Moore Engineers estimates that the north end of Hideaway Beach (Royal Marco Point) will need 21,600 tons of sand in order to reach the design template. Sand placement onto Royal Marco Point is scheduled to commence on December 1, 2003. The consultant also recommends placing 2,700 tons of sand at the southern end of Hideaway Beach (South Point) in order to comply with existing permit requirements. On November 13, 2003, the Coastal Advisory Conmfittee recommended placing sand on the south end only if it can be accomplished within the $600,000 project budget, which equates to about 29,000 total tons of sand (would be an additional $61,280 for trucking and a decrease of $56,700 for the purchase of sand). On November 24, 2003, the Tourist Development Council recommended the expansion of the project scope to include South Point subject to the same conditions as the Coastal Advisory Committee. A request to proceed with the project at the south end has been sent to the Florida Department of Environmental Protection (FDEP). Additional items needed before placing sand on South Point will be permissions from the Hideaway Beach Association and vacant lot owner (for stockpiling sand from sand source). It should be noted that inclement weather may cause the actual amount of sand needed to fill the design template to exceed the project budget of $600,000. Previous projects have been done to project scope with the potential of needing additional funding. The Board of County Commissioners (BCC) meets on December 16, 2003, with the following meeting on January 13, 2004, and this work is anticipated to be complete during that timeframe. If work is stopped based on a budget figure rather than a project scope, the contractor will de-mobilize well before a follow-on request could reach the BCC; this could place the permit and the County's credibility in jeopardy with the FDEP. ~o.~~ BEC I 6 2003 Executive Summary Ch',mge in Scope of Hideaway Beach Sand Haul Project to include Hideaway Beach South Point Page 2 FISCAL IMPACT,: There is no fiscal impact related to this action if the project budget of $600,000 is not exceeded. GROWTH MANAGEMENT IMPACT: This project is within the City of Marco Island and is not subject to the Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners 1) approve an increase in project scope to the Hi'deaway Beach Renourishment with Upland Sand Project to include possible renourishment of Hideaway South Point, 2) authorize the Public Utilities Administrator to execute a work order amendment with STD Enterprises for up to $61,280 and 3) authorize the County Manager to authorize completion of the project scope up to 10% above budget. p a.~Kw~ager REVIEWED BY: . ~ Date: _ t Ron Hovell, P.E., Special Projects Manager ' REVIEWED BY: ~4~., J~.x~ ~-~ ~ Date: Roy Ander..s.on, P.E., Public Utilities Engineering Diryctor BY (~)-,~ ~-, ~ Date: {-'~[ ~ (0._~ REVIEWED : ~:-~~ ' ' -~ ~ - ' Stephen Y. Ca~l/~chasing/General Services Director ~--"--~c-) ,-~ (.~ ~, Date' APPROVED BY: .~,~M-" ~4/./It:~- -/ .... · ' . ,m/es W. DeLony,/P.E., Public Utilities Administrator EXECUTIVE SUMMARY APPROVE A BUDGET AMENDMENT TO REALLOCATE FUNDS IN TilE AMOUNT OF $253,000 FOR THE SOUTH COUNTY WATER RECLAMATION UPGRADES TO THE CHEMICAL FEED SYSTEMS, PROJECT 72008. OBJECTIVE: To obtain approval of a budget amendment to transfer hinds to a new project needed to improve safety and reliability for the chemical storage systems at the South County Water Reclamation Facility (SCWRF). CONSIDERATIONS: Staff determined that upgrades are required to improve the safety features of the chemical storage systems, specifically those handling sodium hypochlorite (bleach), sodium hydroxide, and alum. This work was not included in the SCWRF expansion project scope, however events have occurred that require the inclusion of this project to improve the safety of these facilities. The safety upgrades at the SCWRF include work to both existing and new structures and equipment. Funds will be divided between impact tees and user tees. Thc upgrades funded by impact fees are those needed for the new chemical systems currently being installed under the SCWRF expansion project. The upgrades funded by user fees include thc work to be performed on the existing chemical systems. FISCAL IMPACT: Funds are needed for bidding services, services during construction, and construction. A contingency is included in the estimate tbr budget purposes, as there are only cost estimates available at this time. A budget amendment is needed to transfer funds in thc amount of $82,000 t'rom Reserves for Capital Outlay in Sewer Impact Fee (Fund 413) to project 72008, SCWRF Chemical Facility Upgrades. Source of funds is Wastewater hnpact Fees. A budget amendment is also required to transfer funds fi'om Project 73060 in Sewer User Fee Capital (Fund 414) in the amount of $171,000 to project 72008, SCWRF Chemical Facility upgrades. Source of fimds is Wastewater User Fees. GROWTH MANAGEMENT IMPACT: This project is needed to meet current and future wastewater management needs in the south sewer service area. This project is not included in the 2002 Wastewater Master Plan but will be included in the 2003 Wastewater Master Plan currently being developed. RECOMMENDATIONS: That the Board of County Commissioners, as the Ex-officio Governing Board of the Collier County Water-Sewer District approve the budget amendment to fund the SCWRF upgrades to the chemical feed systems, Project 72008, DEC I G 2003 Executive Summary SCWRF Chemical Feed Upgrades Budget Amendment Page 2 SUBMITTED BY: Alicia Abbott, E.I., Project Manager Public Utilities Engineering Depamnent DATE: REVIEWED BY: William D. Mullin, P.E., Principal Project Manager Public [Jtilities Engineering Department REVIEWED BY: Roy B. Anderson, P.E., Director Public [ttililies Engineering Department DATE: t~--~ -07 Jo~ph B. Cheatham, Dire' Wastcwater Department APPROVE? ~rn}cs ~. Dci, ony, ~ ~X_~mi~_/:~r ,...,lic Utilities DATE' !2- I-o.3 DATE: DEC 1 6 2{303 T r TM EXECUTI'~ E SUMMARY APPROVE A FLORIDA EMERGENCY MEDICAL SERVICES COUNTY GRANT APPLICATION, GRANT DISTRIBUTION FORM AND RESOLUTION FOR TRAINING AND MEDICAL/RESCUE EQUIPMENT. OBJECTIVE: To expand and improve emergency medical services utilizing State grant money with no fiscal impact to the County. CONSIDERATIONS: The State of Florida established the Emergency Medical Services Grant Award Program for the expansion and/or improvement of emergency medical services..Recent corresponden,:e fro m State of Vlomda indicates Collier County's grant award for fiscal year 2004 will be $142,168.03 A Resolution is required to be included with the grant application that states funds will not be used to supplement thc EMS budget and certifying that the grant funds will be used to expand and improve the County's Emergency Medical Services. The Grant will be used to purchase Medical/Rescue Equipment and required training materials to provide educational opportunities for Emergency Medical Responders FISCAL IMPACT: Medical/Rescue Equipment and Training purchases will be completely funded by the State of Florida Emergency Medical Services Grant Award Program. 'The money will deposited and disbursed from Fund 491-EMS Grants. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this Executive Summary. RECOMMENDATION: That the Board of County Commissioners approve the Florida Emergency Medical Services County Grant Application, Grant Distribution Form and adopt the necessary Resolution. REQUESTED BY ' ' ~an DATE: Emergency Medical Services Department REVIEWED BY: C~/-ffM //~,/,.v DATE: jeff,,lff~Director ~' Medical Services Department Er/~e~ency APPROVED BY:~~~ Jo 'h~ Dunnuck, Admi ni su-ator Pu~ic Services Division DATE: 2.003 RESOLUTION NO. 2002 A RESOLUTION CERTYFING THAT THE APPLICATION FOR AND THE USE OF EMS COUNTY GRANT FUNDS WILL IMPROVE AND EXPAND PRE- ttOSPITAL EMS DEPARTMENT ACTIVTIES AND SERVICES AND WILL NOT SUPPLANT EXISTING COUNTY EMS BUDGET ALLOCATIONS. WItEREAS, EMS Department Paramedics and Paramedic/Firefighters provide basic and advanced life support care and highly technical service to the citizens and visitors of Collier County; and WHEREAS, the purchase of equipment and the provision of training classes shall ~eatly enhance the effectiveness of pre-hospital emergency medical care. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMI~IISSIONERS OF COLLIER COUNTY, FLORIDA, that; The $142,168.03 in the EMS Grant will be used to purchase medical/rescuer equipment and training classes and these funds will not be used to supplant existing EMS Department budget allocations. This Resolution adopted this motion, second and majority vote. day of ., 2 © 0 3 after A'IWEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY CONLMISSIONERS COLLIER COUNTY, FLORIDA BY: TOM HENNING, CHAIRMAN Approved as to form and legal sufficiency; ~ (~ (J~cqdeline Hubbard Robinson ~,6unty Attorney DEC 1 5 003 FLORIDA DEPARTMENT OF HEALTH Bureau of Emergency Medical Services Complete all items ID. Code (The State Bureau of EMS will assign the ID Code - leave this blank) C 1. County Name: CO[,LTER COUNTY BOARD OF COMMISSIONERS BusinessAddFesS~ 3301 East Tamiami Trail Naplem. Fl, 34112 Telephone: 2'{9-723-2584 Federal Tax ID Number (Nine Digit Number). VF 596000558 2. Certification: (The applicant signatory who has authority to sign contracts, grants, and other legal documents for the county) I certify that all information and data in this EMS county grant application and its attachments are true and correct. My signature acknowledges and assures that the County shall comply fully with the conditions outlined in the Florida EMS County Grant Application. ............. Sjg_nature:__ .............. Date: Printed Name: Tom Henning .......... ........ Position:Title: ...... C h-a=f-r-ma~n 3. Contact Person: (The individual with direct knowledge of the project on a day-to-day basis and has responsibility for the implementation of the grant activities. This person is authorized to sign project reports and may request project changes. The signer and the contact person may be the same.) Name: ~ene Rami lton Position Title:Fiscal Tech. Address: 3301 Tamiami Trail_ East Building H Nap!esr"/~L 34112 Telephone: 239-723-?~R4 1Fax Number: 239-775-4454 funds will improve and expand the county pre-hospital EMS system and will not be used to supplant current levels of county expenditures. 5. Budget: Complete a budget page(s) for each organization to which you shall provide funds. List the organization(s) below. (Use additional pages if necessary) Collier County EMS 'DH FoFm 1684, Rev. June 2002 E-mail Address: lu_genChami I ~-on@col I ~ ergov_net Resolution: Attach a current resolution from the Board of County Commissioners certifying the grant Approved as to form & legal suffici_ency ~ County Attorney -- I N~./~-~)- ~_. J BEC f 6 2003 Pg, ~ each-pOsition t~, provide the amount of salary per hour, FiCA per hour, other fringe benefits, and the total number of hours. Amount TOTAL Salaries TOTAL FICA --Grand total Salaries and FICA B. Expenses: These are travel costs and the usual, ordinary, and incidental expenditures by an agency, such as, commodities and supplies of a consumable nature excluding expenditures classified as operating capital outlay/see next category). - - List the item and, if applicable, the quantity ~ Amount - TOTAL iS C. Vehicles, equipment, and other operating capital outlay means equipment, fixtures, and other tangible personal property of a non consumable and non expendable nature with a normal expected life ~-f' o~ne (1') year or more. Li~t the item and, if applicable, the quantity Amount -lie_dical/Rescue E~quipment $100,000-00 - $ 42,168.03 Traininq TOTAL $ 142,168.03 Grand Total $L142,16.8,'03 DH Form 1684, Rev. June 2002 Agenda.'It~ FLORIDA DEPARTMENT OF HEALTH EMS GRANT PROGRAM REQUEST FOR GRANT FUND DISTRIBUTION In accordance with the provisions of Section 401.113(2)(a), F. S., the undersigned hereby requests an EMS grant fund distribution for the improvement and expansion of pre-hospital EMS. DOH Remit Payment To: Name of Agency: COLLIER COUNTY BOARD OF Mailing Address: 3301 East TamLami_ Trail COMMISSIONERS Naples, FL 34112 Federal Identification number VF- 5 9 6 0 0 0 5 5 8 ..................... AbthbrFzed' OflTdal~ Signature Tom Hennin9, Chairman Type Name and Title Date Sign and return this page with your application to: Do not write below this line. F ida Department of Health BEMS Grant Program 4052 Bald Cypress Way, Bin C18 Tallahassee. Florida 32399-1738 For use by Bureau of Emergency Medical Services personnel only Grant Amount For State To Pay: $ Approved By , Signature of EMS Grant Officer Grant ID: Code: State Fiscal Year: Orqanizat on Code E.O. OC__~A Obiect Code 64-25-60-00-000 N_ N2000 7 Federal Tax ID: VF_5 9 6_0_0 0 5_5_B_ _ Grant Beginning Date: October 1, DH Form 1767P, Rev. June 2002 Grant Ending Date: September 30,. Date Approved as to form & legal d I County Attorney ciency.. DEC 1 6 200..1 Pg · ~.~.~_..~ EXECUTIVE SUMMARY,. /-'.PPROVE WORK ORDER # PBS-02-33, CONTRACT 02-3349 IN THE AMOUNT OF $67,940.00 TO PROFESSIONAL BUILDING SYSTEMS, GENERAL CONTRACTORS FOR THE CONSTRUCTION OF A RESTROOM FACILITY AT ROBERTS RANCH. OBJECTIVE: To approve work order # PBS 02-33 issued to Professional Building Systems, General Contractors (PBS) for construction of a restroom facility at Roberts Ranch CONSIDERATION: The Collier County Museum maintains and conducts tours in the historic Roberts Ranch facility in Immokalee. Presently there are not enough restroom facilities for the public to utilize. The addition of this building will enhance the public's enjoyment of this historic property. Quotes were obtained under the General Contractors contract (02-3349) for the building of this facility. Staff has reviewed the quotes and recommends award to the Iow bidder. Quotes were received from the following firms: · PBS Builders $67,940.00 · William J. Varian $ 77,650.00 · Chris-Tel Company $ 80,048.00 · Surety Construction $ 71,250.00 /-""=ISCAL IMPACT: The Museum ha., these funds budgeted in the FY04 capital cost center for Roberts ,anch. GROWTH MANAGEMENT IMPAOT: There is no impact on the County Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners approved Work Order # PBS-02-33. SUBMITTED BY: ~'¢--'"-~ Date: //. 2. 3'. O3. Museum Director ./ja~ck/~;roc~6~{le, ConsJc4Jction Manager Facilities Managern4fnt Department REVIEWED BY: S'(ev¢ Carnel,~Director ' APPROVED BY: Joh: .Pub ~asing Department DUnnuck, Administrator ic Services Division Date: Date: Date: DEC 1 § 2003 WORK ORDER # _ PBS.02-33 _ Agreement for Fixed Term Professional General Contractor Services Dated June 11, 2002, (Contract #02-3349) [his Work Order is for professional architectural services for work known as Title Roberts Ranch SDP Pro'ect Reason for Pro'ect To re are Roberts Ranch for ublic tours as a livin histor museum. The work is specified in the proposal dated November 17, 200~3 which is attached hereto and made a part of this Work Order. In accordance with the Terms and Conditions of the Agreement referenced above, Work Order #PBS-02-33 is assigned to _ Professional Building Systems (Firm Name) S__ccope of Work: (List all tasks: Task 1, Task 2, etc.) 1. Work shall be completed as per plans and specs. Schedule of Work' Complete work within 120 days from receipt of the Notice to Proceed authorizing start of work. ~ In accordance with Article Five of the Agreement, the County will compensate the Firm in accordance with the negotiated lump sum or time and material amount provided in the schedule below (if a task is time and material, so indicate and use the established hourly rate(s) as enumerated in Schedule "A" of the Agreement). (List all Tasks)Time an material per attached proposal $ 67,940.00 (lump sum) $ (time & material) Reimbursables $ TOTAL FEE $ 67,940.00 Any change within monetary authority of this Work Order made subsequent to final department according to Schedule "A" of the approval will be considered a~tio/~T'~ervice and charged PREPARED BY: Bob Pierce; Proiect Manager Date Name and Title ~ 11/17/2003 AUTHORIZED BY' Ron Jamro, Director Client Department Director Date ACCEPTED BY' Professi~ ~ S ystems~..._. f/ ~---~~V~'Jomp a n y..0 ffi c er ~ Bart Zin"ff~, Vice President ~ or Print Name and Title Date LAge~a~item~ ~ EXECUTIVE SUMMARY,. APPROVAL OF A SOLE SOURCE SERVICE AGREEMENT WITH MEDTRONIC PHYSIO- CONTROL FOR THE MAINTENANCE AND UPGRADE OF LIFEPAK MONITORS FOR THE EMERGENCY MEDICAL SERVICES DEPARTMENT IN THE AMOUNT OF $34,896.00 OBJECTIVE: To maintain and upgrade Medtronic Physio-Control LifePak monitors for the Emergency Medical Services Department in a cost effective manner. CONSIDERATION.:.. The LifePak 12 Defibrillator/ Monitor by Medtronic Physio- Control gives paramedics access to sophisticated diagnostics and related treatments in the field. This single piece of equipment monitors the ECG continuously, measures the level of oxygen in the blood and, if necessary provides, defibrillation and pacing to help maintain the heart's rhythm. The Collier County EMS Department must assure these vital pieces of equipment are maintained and repaired per the manufacture's requirements. Additionally, the LifePak 12's technology is routinely upgraded through improvements in technology made available from Medtronic Physio-Control. The Board of County Commissioners has previously approved the lease / purchase of thirty-one (31) Medtronic Physio-Control LifePak 12 monitors and battery support systems fi.om Medtronic Physio-Control. The proposed service agreement provides the following for the LifePak 12: Scheduled monitor upgrades · Unscheduled monitor repairs · No charge of covered monitor repairs · Discounted uncovered monitor repairs · Training of Collier County Paramedics on new upgrades · Discounted prices on new purchases · Battery replacement program · Loaner monitor program The Collier County Emergency Services Department is anticipating to save additional money this and upcoming years by agreeing to a multi-year Technical Service Support Agreement and by delaying any potential price increases until the agreement is renewed. FISCAL IMPACT: Funds in the amount of $104,688.00 have been budgeted for FY 04, FY 05 and FY 06 in EMS Fund 490. payable in monthly installments. The annual ~as Ige,0.~ ~t~ this Technical Service Support Agreement will increase as the number of units incr ses.~o,~ t DEC 6 2003 GROWTH MANAGEMENT IMPACT2 There is no Growth Management Impact associated with this Executive Summary. RECOMMENDATION:~ That the Board of County Commissioners approve this three (3) year Technical Service Support Agreement between Collier County EMS add Medtronic Physio-Control at $34.896.00 per year for service and upgrades of Lifel~ak monitors and authorizes the Chairman of the Collier County Board of Commissioners to sign this contract. This agreement is to remain in force for as long as Medtronic Physio- Control is the sole source provider of these services. Tom Maguire, p,.}ylsion Chief, E-~ergency Medical ~5ervices REVIEWED BY: REVIEWED BY: APPROVED BY: Jeff P ency Medical Services ~. '~ Purc'h~sir(g Department ck, P~ Services Administrato [ DEC 2003 Nov-Z4-O3 03:31pm From- T-44Z P.001/00B F-B53 ~CAL SEE~ SLrP~ORT AGRW..~/[ENT 34116 xed ~. r=, 7/99-1. 17% D.TF~O'LI'NT ONLPT21/~ FA.X: ;23~.'775-4.4.54 Nme Pa~ I of 5 Agenda I te~-~'1' DEC I 6 ~cv-Z4-03 03:31pm From- Agenda Ite~ DEC 1 6,2003 Nov-Z4-O$ O$:31pm From- -.._,. MEDTRONIC lqtTSIO~OI~ROL CORP. TEC~~ SERVICE ~ AG~ T-44Z P.O0~/O08 474I C3aDI.DE~ NA~'LI~ FL 56.-1031 Tog 3 3 3 3 Agenda Item. DEC 1 G 20113 Nov-24-03 05:32pm From- T-44Z P,006/008 F-B$3 3 0 0 0 0 0 o 0 Agen~ lte~ "°'~ DEC L? Nov-24-03 03:32pm Fr~m- v %442 P OOT/O08 F-$53 Nay-24-02 O~:~2pm From- T-442 ~IIiiDTRON1C FfIY~IC)-CONTROL COl[P, TECttiWlCAL SliRV1C~ SUPPORT P.008/008 qitJO07 IAgen da Item DEC 1 6 2003 EXECUTIVE SUMMARY REQUEST TO APPROPRIATE $ PURCHASE OF AUTOMATIC WHICH WILL BE PLACED GOVERNMENT BUILDINGS. 15,474'OF CARRY FORWARD FOR THE EXTERNAL DEFIBRILLATORS (AED'S), IN HIGH-VOLUME COLLIER COUNTY OBJECTIVE: That the Board of County Commissioners approve a budget amendment to appropriate a carry forward towards the purchase of Automatic External Defibrillators. CONSIDERATION: The American Heart Association has donated $15,074.00 to the Collier County EMS Department for the purpose of purchasing Automated External Defibrillators (AED's), which will be placed in high-volume Collier County Government Buildings. Collier County EMS staff has recommended the folh)wing Collier County Government Buildings to receive Automated External Defibrillators. 1) Administration Building (F) 2) Health Department Building (H) 3) Immokalee Health Department 4) Veteran's Community Park 5) Max Hasse Community Park 6) Development Services x 2 devices 7) Nonh Naples Library An additional $400.00 of miscellaneous revenue ~vas received from CPR fi~nds. The contribution of $15,074 from the American Heart Association and the miscellaneous revenue of $400.00 was received in FY 03, but not appropriated before the end of the year. A budget amendment is required to recognize this revenue as carry forward in FY 04. FISCAL IMPACT: $15,474.00 of carry forward will be recognized and appropriated in the EMS Fund (491), and used for the purchase of Automated External Defibrillators. GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with this Executive Summary. RECOMMENDATION: That the Board of County Commissioners approves the budget amendment to appropriate carry forward for the purchase of Automatic External Defibrillators for high-volume County facilities. ~io. /~e/~ ~ DEC 1 6 200t REVIEWED BY: REVIEWED BY: APPROVED BY: .~,,~ d~//_z-~-, Date: Jo~ge A'guilef'a, Division Chief Emergency Medical Services Depmment ~ ~ Date: Jeff Pz~,~ Di :gency Medical Services Department }..~,. ~t'~~ Date: )unnuck, Administrator ic Services Division DEC 1 ~ 2.00t EXECUTIVE SUMMARY ?PROVAL OF THE ANNUAL CONTRACT BETWEEN COLLIER COUNTY AND THE STATE OF FLORIDA DEPARTMENT OF HEALTH FOR OPERATION OF THE COLLIER COUNTY HEALTH DEPARTMENT AT AN FY 04 COST TO THE COUNTY OF $1,462,200.00 OBJECTIVE: To maintain and in some cases augment the level of public health services provided to the residents of Collier County. CONSIDERATIONS: Each year, the County enters into an agreement with the State of Florida that provides funding and facilities for the provision of Public Health services. The attached agreement is that annual contract and, if executed, will begin on October 1, 2003and run concurrently with the County's fiscal year expiring on September 30, 2004. In essence, the agreement is the same agreement as last year's, which indicates the services that will be provided and the cost share between the State and the County. It also indicates the expected third party sources of revenues and attributes those to the County or the State based upon each agency's contributions. In addition, this agreement includes as the last attachment indemnification language that was negotiated between the State and the County Attorney's office, which is a feature of this contract unique from others around the State. GROWTH MANAGEMENT IMPACT: There is no Growth Management Plan impact associated with this item. · .~qSCAL IMPACT: The contract includes a cash contribution of $1,184,100, an increase of 7.05 % from last :ar's agreement. These funds are budgeted in the FY XI~ General Fund (001) budget in the Public Health cost center. $505,300 will be used to support Communicable Disease Control; $613,900 will go toward School and Adult Health Programs and $64,900 will go toward the Environmental Health and Engineering program. In addition to the cash contribution, the agreement recognizes the contribution the County makes in the form of office and clinic space. Lastly, the contract recognizes the contribution that the County makes in the way of BCC paid operating expenses. These are generally associated with building maintenance, utilities, and insurance and, in FY 2004, amount to $278,100. In total, the County will provide the Health Department with $1,462,200 which is included in the FY04 tentative budget, RECOMMENDATION: It is recommended that the Board authorize the Chairman to execute the annual contract with the State of Florida Department of Health for the operations of the Collier County Health Department. PREPARED BY: C-J'ol a M. Colfer, M.D., M.P]H., LJirector ' APPROVED BY: _~ .... John D~nnurk, Public Services Administrator CONTRACT BETWEEN COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AND STATE OF FLORIDA DEPARTMENT OF HEALTH FOR OPERATION OF THE COLLIER COUNTY HEALTH DEPARTMENT CONTRACT YEAR 2003-2004 This agreement ("Agreement") is made and entered into between the State of Florida, Department of Health ("State") and the Collier County Board of County Commissioners ("County"), through their undersigned authorities, effective October 1,2003. RECITALS A. Pursuant to Chapter 154, F.S., the intent of the legislature is to "promote, protect, maintain, and improve the health and safety of all citizens and visitors of this state through a system of coordinated county health department services." B. County Health Departments were created throughout Florida to satisfy this legislative intent through "promotion of the public's health, the control and eradication of preventable diseases, and the provision of primary health care for special populations." C. Collier County Health Department ("CHD") is one of the County Health Departments created throughout Florida. It is necessary for the parties hereto to enter into this Agreement in order to assure coordination between the State and the County in the operation of the CHD. NOW THEREFORE, in consideration of the mutual promises set forth herein, the sufficiency of which are hereby acknowledged, the parties hereto agree as follows: 1. RECITALS. The parties mutually agree that the forgoing recitals are true and correct and incorporated herein by reference. 2. TERM. The parties mutually agree that this Agreement shall be effective from October 1, 2003, through September 30, 2004, or until a written agreement replacing this Agreement is entered into between the parties, whichever is later, unless this Agreement is otherwise terminated pursuant to the termination provisions set forth in paragraph 8, below. 3. SERVICES MAINTAINED BY THE CHD. The parties mutually agree that the CHD shall provide those services as set forth on Part III of Attachment II hereof, in order to maintain the following three levels of service pursuant to Section 154.01(2), Florida Statutes, as defined below: a. "Environmental health services" are those services which are organized and operated to protect the health of the general public by monitoring and regulating activities in the environment which may contribute to the occurrence or transm~ss~(~-c, ~;.,cc,..c. Environmental health services shall be supported by available federal, state ~,"~c,~%~_X"~- funds and shall include those services mandated on a state or federal level. Examples of environmental health services include, but are not limited to, food hygiene, safe drinking water supply, sewage and solid waste disposal, swimming pools, group care facilities, migrant labor camps, toxic material control, radiological health, occupational health. b. "Communicable disease control services" are those services which protect the health of the general public through the detection, control, and eradication of diseases which are transmitted primarily by human beings. Communicable disease services shall be supported by available federal, state, and local funds and shall include those services mandated on a state or federal level. Such services include, but are not limited to, epidemiology, sexually transmissible disease detection and control, HIV/AIDS, immunization, tuberculosis control and maintenance of vital statistics. c. "Primary care services" are acute care and preventive services that are'made available to well and sick persons who are unable to obtain such services due to lack of income or other barriers beyond their control. These services are provided to benefit individuals, improve the collective health of the public, and prevent and control the spread of disease. Primary health care services are provided at home, in group settings, or in clinics. These services shall be supported by available federal, state, and local funds and shall include services mandated on a state or federal level. Examples of primary health care services include, but are not limited to: first contact acute care services; chronic disease detection and treatment; maternal and child health services; family planning; nutrition; school health; supplemental food assistance for women, infants, and children; home health; and dental services. 4. FUNDING. The parties further agree that funding for the CHD will be handled as follows: a. The funding to be provided by the parties and any other sources are set forth in Part II of Attachment II hereof. This funding will be used as shown in Part l of Attachment II. i. The State's appropriated responsibility (direct contribution excluding any state fees, Medicaid contributions or any other funds not listed on the Schedule C) as provided in Attachment II, Part II is an amount not to exceed $ 5,011,092 (State General Revenue, Other State Funds and Federal Funds listed on the Schedule C). The State's obligation to pay under this contract is contingent upon an annual appropriation by the Legislature. ii. The County's appropriated responsibility (direct contribution excluding any fees, othercash orlocalcontributions) as provided in Attachment II, Part II is an amount not to exceed $1,184,100 (amount listed under the "Board of County Commissioners Annual Appropriations section of the revenue attachment). b. Overall expenditures will not exceed available funding or budget authority, whichever is less, (either current year or from surplus trust funds) in any service category. Unless requested otherwise, any surplus at the end of the term of this Agreement in the County Health Department Trust Fund that is attributed to the CHD sh~;i forward to the next contract period. c. Either party may establish service fees as allowed by law to fund activities of the CHD. Where applicable, such fees shall be automatically adjusted to at least the Medicaid fee schedule. Fees are listed in Attachment II Part II of this contract and in the Environmental Health Fee Schedule that is provided by the Environmental Health Program Office. The estimated annual environmental health fee revenues accruing to the County Health Department Trust Fund are listed on Attachment VI. Either party may increase or decrease funding of this Agreement during the term h(~;eof by notifying the other party in writing of the amount and purpose for the change in funding. If the State initiates the increase/decrease, the CHD will revise the Attachment II and send a copy of the revised pages to the County and the Department of Health, Bureau of Budget Management. If the County initiates the increase/decrease, the County shall notify the CHD. The CHD will then revise the Attachment II and send a copy of the revised pages to the Department of Health, Bureau of Budget Management. e. The name and address of the official payee to who payments shall be made is: County Health Department Trust Fund Collier County 3301 E. Tamiami Trail, Bldg. H Naples, FL 34112 5. CHD DIRECTOR/ADMINISTRATOR. Both parties agree the director/administrator of the CHD shall be a State employee or under contract with the State and will be under the day-to-day direction of the Deputy State Health Officer. The director/administrator shall be selected by the State with the concurrence of the County. The director/administrator of the CHD shall insure that non-categorical sources of funding are used to fulfill public health priorities in the community and the Long Range Program Plan. A report detailing the status of public health as measured by outcome measures and similar indicators will be sent by the CHD director/administrator to the parties no later than October I of each year (This is the standard quality assurance "County-State Goal Achievement" report located on the Department of Health Intranet). 6. ADMINISTRATIVE POLICIES AND PROCEDURES. The parties hereto agree that the following standards should apply in the operation of the CHD: a. The CHD and its personnel shall follow all State policies and procedures, except to the extent permitted for the use of county purchasing procedures as set forth in subparagraph b., below. All CHD employees shall be State or State-contract personnel subject to State personnel rules and procedures. Employees will report time in the Client Information System/Health Management Component compatible format by program component as specified by the State. b. The CHD shall comply with all applicable provisions of federal and state laws and ~1~'"~ ~: I n ~"~. regulations relating to its operation with the exception that the use of countytp',~rs ..... !., procedures shall be allowed when it will result ina be~er price or se~ice and ~ st~¢~qS~(~ Department of Health purchasing contract has been implemented for those goods or services. In such cases, the CHD director/administrator must sign a justification therefore, and all county-purchasing procedures must be followed in their entirety, and such compliance shall be documented. Such justification and compliance documentation shall be maintained by the CHD in accordance with the terms of this Agreement. State procedures must be followed for all leases on facilities not enumerated in Attachment IV. c. The CHD shall maintain books, records and documents in accordance with those promulgated by the Generally Accepted Accounting PrinciPles (GAAP) and Governmental Accounting Standards Board (GASB), and the requirements of federal or state law. These records shall be maintained as required by the Department of Health Policies and Procedures for Records Management and shall be open for inspection at any time by the parties and the public, except for those records that are not otherwise subject to disclosure as provided by law which are subject to the confidentiality provisions of paragraph 6.i., below. Books, records and documents must be adequate to allow the CHD to comply with the following reporting requirements: The revenue and expenditure requirements in the Florida Accounting System Information Resource (FLAIR). The client registration and services reporting requirements of the minimum data set as specified in the most current version of the Client Information System/Health Management Component Pamphlet; .oo III. Financial procedures specified in the Department of Health's Accounting Procedures Manuals, Accounting memoranda, and Comptroller's memoranda; iv. The CHD is responsible for assuring that all contracts with service providers include provisions that all subcontracted services be reported to the CHD in a manner consistent with the client registration and service reporting requirements of the minimum data set as specified in the Client Information System/Health Management Component F:", ',h'.et. d. All funds for the CHD shall be deposited in the County Health Department Trust Fund maintained by the state treasurer. These funds shall be accounted for separately from funds deposited for other CHDs and shall be used only for public health purposes in Collier County. e. That any surplus/deficit funds, including fees or accrued interest, remaining in the County Health Department Trust Fund account at the end of the contract year shall be credited/debited to the state or county, as appropriate, based on the funds contributed by each and the expenditures incurred by each. Expenditures will be charged to the program accounts by state and county based on the ratio of planned expenditures in the core contract and funding from all sources is credited to the program accounts by state and county. The equity share of any surplus/deficit funds accruing to the state a,r¢~ ~,',,,nty is determined each month and at contract year-end. Surplus funds may be apl~lied ~"~cl ~.t~,, /,--! / DEC ,-6A~'O03 the funding requirements of each participating governmental entity in the following year. However, in each such case, all surplus funds, including fees and accrued interest, shall remain in the trust fund until accounted for in a manner which clearly illustrates the amount which has been credited to each participating governmental entity. The planned use of surplus funds shall be reflected in Attachment II, Part I of this contract, with special capital projects explained in Attachment V. f. There shall be no transfer of funds between the three levels of services without a contract amendment unless the CHD director/administrator determines that an emergency exists wherein a time delay would endanger the public's health and the Deputy State Health Officer has approved the transfer. The Deputy State Health Officer shall forward written evidence of this approval to the CHD within 30 days after an emergency transfer. g. The CHD may execute subcontracts for services necessary to enable the CHD to carry out the programs specified in this Agreement. Any such subcontract shall include all aforementioned audit and record keeping requirements. h. At the request of either party, an audit may be conducted by an independent CPA on the financial records of the CHD and the results made available to the parties within 180 days after the close of the CHD fiscal year. This audit will follow requirements contained in OMB Circular A-133 and may be in conjunction with audits performed by county government. If audit exceptions are found, then the director/administrator of the CHD will prepare a corrective action plan and a copy of that plan and monthly status reports will be furnished to the contract managers for the parties. i. The CHD shall not use or disclose any information concerning a recipient of services except as allowed by federal or state law or policy. j. The CHD shall retain all client records, financial records, supporting documents, statistical records, and any other documents (including electronic storage media) pertinent to this Agreement for a period of five (5) years after termination of this Agreement. If an audit has been initiated and audit findings h~ve not been res'olved at the end of five (5) years, the records shall be retained until resolution of the audit findings. k. The CHD shall maintain confidentiality of all data, files, and records that are confidential under the law or are otherwise exempted from disclosure as a public record under Florida law. The CHD shall implement procedures to ensure the protection and confidentiality of all such records and shall comply with sections 384.29, 381.004, 392.65 and 456.057, Florida Statutes, and all other state and federal laws regarding confidentiality. All confidentiality procedures implemented by the CHD shall be consistent with the Department of Health Information Security Policies, Protocols, and Procedures, dated September 1997, as amended, the terms of which are incorporated herein by reference. The CHD shall further adhere to any amendments to the State's security requirements and shall comply with any applicable professional standards of practice with respect to client confidentiality. Agenda~ DEC ! I. The CHD shall abide by all State policies and procedures, which by this reference are incorporated herein as standards to be followed by the CHD, except as otherwise permitted for some purchases using county procedures pursuant to paragraph 6.b. hereof. m. The CHD shall establish a system through which applicants for services and current clients may present grievances over denial, modification or termination of services. The CHD will advise applicants of the right to appeal a denial or exclusion from services, of failure to take account of a client's choice of service, and of his/her right to a fair hearing to the final governing authority of the agency. Specific references to existing laws, rules or program manuals are included in Attachment I of this Agreement. n. The CHD shall comply with the provisions contained in the Civil Rights Certificate, hereby incorporated into this contract as Attachment III. o. The CHD shall submit quarterly reports to the county that shall include at least the following: i. The DE385L1 Contract Management Variance Report and the DE580L1 Analysis of Fund Equities Report; //. A written explanation to the county of service variances reflected in the DE385L1 report if the variance exceeds or falls below 25 percent of the planned expend!', Jre amount. However, if the cumulative amount of the variance between:, actual and planned expenditures does not exceed three percent of the cumulative expenditures for the level of service in which the type of service is included, a variance explanation is not required. A copy of the written explanation shall be sent to the Department of Health, Bureau of Budget Management. Age'nd~ l. tem ~ DEC 1 5 6 p. The dates for the submission of quarterly reports to the county shall be as follows unless the generation and distribution of reports is delayed due to circumstances beyond the CHD's control: March 1,2004 for the report period October 1,2003 through December 31,2003; June 1, 2004 for the report period October 1,2003 through March 31,2004; III. September 1,2004 for the report period October 1,2003 through June 30, 2004; and iV. December 1,2004 for the report period October 1, 2003 through September 30, 2004. 7. FACILITIES AND EQUIPMENT. The parties mutually agree that: a. CHD facilities shall be provided as specified in Attachment IV to this contract and the county shall own the facilities used by the CHD unless otherwise provided in Attachment IV. b. The county shall assure adequate fire and casualty insurance coverage for County- owned CHD offices and buildings and for all furnishir'gs and equipment in CHD offices through either a self-insurance program or insurance pL~rchased by the County. c. All vehicles will be transferred to the ownership of the County and registered as county vehicles. The county shall assure insurance coverage for these vehicles is available through either a self-insurance program or insurance purchased by the County. All vehicles will be used solely for CHD operations. Vehicles purchased through the County Health Department Trust Fund shall be sold at fair market value when they are no longer needed by the CHD and the proceeds returned to the County Health Department Trust Fund. 8. TERMINATION. a. Termination at Will. This Agreement may be terminated by either party without cause upon no less than one-hundred eighty (180) calendar days notice in writing to the other party unless a lesser time is mutually agreed upon in writing by both parties. Said notice shall be delivered by certified mail, return receipt requested, or in person to the other party's contract manager with proof of delivery. b. Termination Because of Lack of Funds. In the event funds to finance this Agreement become unavailable, either party may terminate this Agreement upon no less than twenty-four (24) hours notice. Said notice shall be delivered by certified mail, return receipt requested, or in person to the other party's contract manager with proof of delivery. c. Termination for Breach. This Agreement may be terminated by one par~, U~rr'~ z~t~ , less than thirty (30) days notice, because of the other party's failure to ~)erfo~_&q obligation hereunder. Said notice shall be delivered by certified mail, return receipt requested, or in person to the other party's contract manager with proof of delivery. Waiver of breach of any provisions 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 terms of this Agreement. 9. MISCELLANEOUS. The parties further agree: a. Availability of Funds. If this Agreement, any renewal hereof, or any term, performance or payment hereunder, extends beyond the fiscal year beginning July 1, 2004, it is agreed that the performance and payment under this Agreement are contingent upon an annual appropriation by the Legislature, in accordance with section 287.0582, Florida Statutes. b. Modification. This Agreement and its Attachments contain all of the terms and conditions agreed upon between the parties. Modifications of this Agreement shall be enforceable only when reduced to writing and signed by all parties. c. Contract Manaqers. The name and address of the contract managers for the parties under this Agreement are as follows: For the State: For the County: Joan M. Colfer, M.D., M.P.H. Name John Dunnuck Name Director, Collier County Health Department Title Public Services Administrator Title 3301 E. Tamiamai Trail, Bldg. H 3301E. Tamiami Trail, Bldg. H Naples, Florida 34112 Naples, Florida 34112 Address Address (239) 774-8201 Telephone (239)774-8383 Telephone If different contract managers are designated after execution of this Agreement, the name, address and telephone number of the new representative shall be furnished in writing to the other parties and attached to originals of this Agreement. d. Captions. The captions and headings contained in this Agreement are for the convenience of the parties only and do not in any way modify, amplify, or give additional notice of the provisions hereof. Ag en.d,a ~ tem~ No.J DEC 1 5 2003 In WITNESS THEREOF, the parties hereto have caused this page agreement to ae executed by their undersigned officials as duly authorized effective the 1st day of October, 2003. BOARD OF COUNTY COMMISSIONERS FOR COLLIER COUNTY STATE OF FLORIDA DEPARTMENT OF HEALTH SIGNED BY: NAME: TITLE: DATE: ATTESTED TO: SIGNED BY: NAME: TITLE: DATE: SIGNED BY: NAME: John O. A.qwunobi, M.D., M.B.A. TITLE: Secretary DATE: SIGNED BY: NAME: Joan M. Colfer, M.D., M.P.H. TITLE: CHD Director/Administrator DATE: Approve and legal sufficiency .Chief, Assistant Cdunty Attorney Date Agenda. Item~ NO.~ DEC 1 ? ZO0 ATTACHMENT I COLLIER COUNTY HEALTH DEPARTMENT PROGRAM SPECIFIC REPORTING REQUIREMENTS AND PROGRAMS REQUIRING COMPLIANCE WITH THE PROVISIONS OF SPECIFIC MANUALS Some health services must comply with specific program and reporting requirements in addition to the Personal Health Coding Pamphlet (DHP 50-20), Environmental Health Coding Pamphlet (DHP 50-21) and FLAIR requirements because of federal or state law, regulation or rule. If a county health department is funded to provide one of these services, it must comply with the special reporting requirements for that service. The services and the reporting requirements are listed below: Service Requirement Sexually Transmitted Disease Program Requirements as specified in FAC 64D-3 and F.S. 384 and the CHD Guidebook Internal Operating Policy STD 6 and 7. 2. Dental Health Monthly reporting on DH Form 1008'. Special Supplemental Nutrition Program for Women, Infants and Children. Service documentation and monthly financial reports as specified in DHM 150-24' and all federal, state and county requirements detailed in program manuals and published procedures. Healthy Start/ Improved Pregnancy Outcome Requirements as specified in the Healthy Start Standards and Guidelines 1998 and as specified by the Health Start Coalitions in contrar-t with each county health department. o Family Planning Immunization Chronic Disease Program Environmental Health HIV/AIDS Program Periodic financial and programmatic reports as specified by the program office and in the CHD Guidebook, Internal Operating Policy FAMPLAN 14' Periodic reports as specified by the department regarding the surveillance/investigation of reportable vaccine preventable diseases, vaccine usage accountability, the assessment of various immunization levels and forms reporting adverse events following immunization and Immunization Module quarterly quality audits and duplicate data reports. Requirements as specified in the Community Intervention Program (CIP) and the CHD Guidebook. Requirements as specified in DHP 50-4* and 50-21' Requirements as specified in Florida Statue 384.25 and 64D-3.016 and 3.017 F.A.C. and the CHD Guidebook. Case reporting on CDC Forms 50.42B (Adult/Adolescent) and 50.42A (Pediatric). Socio-demographic data on persons tested for HIV in CHD clinics should be reported on Lab Request Form 1628 or Post-Test Counseling Form 1633. These reports are to be sent to the Headquarters HIV/AIDS office within 5 days of the initial post-test co~pselin¢~ , appointment or within 90 days of the misse(~ post4~t~de~ ~.,ter,~ counseling appointment. / NO,_ DEC 1 6 2003 Pg.// _____ u ATTACHMENT I (Continued) School Health Services HRSM 150-25', including the requirement for an annual plan as a condition for funding. *or the subsequent replacement if adopted during the contract period. NO o ~.,/_..~_.~ DEC 1 6 2003 I-- Z UJ Z ..J W W ,J ,J 03 LLI Z Z Z _J Z o (D o Z Z ._i _J 0 ~0 0 0 0 0 CO 0 C 0 C~ 0 0 ~3 0 C J~ LO 0 0 E o Pg. / ATTACHMENT III COLLIER COUNTY HEALTH DEPARTMENT CIVIL RIGHTS CERTIFICATE The applicant provides this assurance in consideration of and for the purpose of obtaining federal grants, loans, contracts (except contracts of insurance or guaranty), property, discounts, or other federal financial assistance to programs or activities receiving or benefiting from federal financial assistance. The provider agrees to complete the Civil Rights Compliance Questionnaire, DH Forms 946 A and B (or the subsequent replacement if adopted during the contract period), if so requested by the department. The applicant assures that it will comply with: Title VI of the Civil Rights Act of 1964, as amended, 42 U.S.C., 2000 Et seq., which prohibits discrimination on the basis of race, color or national origin in programs and activities receiving or benefiting from federal financial assistance. Section 504 of the Rehabilitation Act of 1973, as amended, 29 U.S.C. 794, which prohibits discrimination on the basis of handicap in programs and activities receiving or benefiting from federal financial assistance. Title IX of the Education Amendments of 1972, as amended, 20 U.S.C. 1681 et seq., which prohibits discrimination on the basis of sex in education programs and activities receiving or benefiting from federal financial assistance. 4. The Age Discrimination Act of 1975, as amended, 42 U.S.C. 6101 et seq., which prohibits discrimination on the basis of age in programs or activities receiving or benefiting from federal financial assistance. 5. The Omnibus Budget Reconciliation Act of 1981, P.L. 97-35, which prohibits discrimination on the basis of sex and religion in programs and activities receiving or benefiting from federal financial assistance. All regulations, guidelines and standards lawfully adopted under the above statutes. The applicant agrees that compliance with this assurance constitutes a condition of continued receipt of or benefit from federal financial assistance, and that it is binding upon the applicant, its successors, transferees, and assignees for the period during which such assistance is provided. The applicant further assures that all contracts, subcontractors, subgrantees or others with whom it arranges to provide services or benefits to participants or employees in connection with any of its programs and activities are not discriminating against those participants or employees in connection with any of its programs and activities are not discriminating against those participants or empl6yees in violation of the above statutes, regulations, guidelines, and standards. In the event of failure to comply, the applicant understands that the grantor may, at its discretion, seek a court order requiring compliance with the terms of this assurance or seek other appropriate judicial or administrative relief, to include assistance being terminated and further assistance being denied. t DEC 1 6 2003 ATTACHMENT IV COLLIER COUNTY HEALTH DEPARTMENT FACILITIES UTILIZED BY THE COUNTY HEALTH DEPARTMENT Facility Description Collier County Health Department & Public Services Building H CHD/Environmental Health Co-Location with Development Services IMMOKALEE SATELLITE A. Clinical Services Health Services Facility B. General Public Health Services Triple Wide Mobile Office Unit GOLDEN GATE WlC OFFICE Location 3301 E. Tamiami Trail Building H, Naples 2800 North Horseshoe Dr. Naples 419 North First Street Immokalee 5258 Golden Gate Parkway Unit 1 (Park East), Naples Owned By Collier County Collier County Collier County Collier County Collier County Agende ~tem~ DEC PO, f'~ ATTACHMENT V COLLIER COUNTY HEALTH DEPARTMENT DESCRIPTION OF USE OF CHD TRUST FUND BALANCES FOR SPECIAL CAPITAL PROJECTS, IF APPLICABLE (From Attachment II, Part I) Include detailed Special Capital P"')ject information, including description, cost by each project and anticipated completion date on this attachment, 1) Renovation of CHD offices in Building H of the Collier County Government Complex. Areas to be renovated are as follows: a) Epidemiology Offices b) Vital Statistics Offices c) Information Technology d) Administration Offices PROJECT TOTAL $45,000 6-30-2004 $35,000 6-30-2004 $40,000 6-30-2004 $55,000 9-30-2004 $175,000 DESCRIPTION OF SPECIAL CONTRACTS (From Attachment II, Part III) Please list separately Special contracts are contracts for services for which there are no comparable services in the county health department core programs; no service codes in Departmental coding manuals; projects that are locally designed and have no standard statewide set of services and therefore cannot be accounted for within existing county health department programs. These contracts are coded to FLAIR Level 5 of 599 and include some contracts formerly handled at the district offices such as epilepsy, Project WARM, community planning and special family planning and teen mother projects. 1) Special Needs Shelter Program $81,000 DEC ! 6 2003 GENERAL REVENUE - STATE 015011 ALG/CONTRIBUTION TO CHDS-PRIMARY CARE 27,361 015011 ALG/PRIMARY CARE 354,068 015011 PRIMARY CARE SPECIAL PROJECT 0 015012 G/A EPILEPSY SERVICES 0 015048 ALG/CONTR TO CHDS-STD PROGRAM 0 015050 ALG/CESSPOOL IDENTIFICATION AND ELIMINATION 0 015050 ALG/CONTR TO CHDS 1,829,164 015050 ALG/CONTR TO CHDS-MIGRANT LABOR CAMP SANITATION 51,765 015050 ALG/CONTR. TO CHDS-DENTAL PROGRAM 0 015050 ALG/CONTR. TO CHDS-IMMUNIZATION OUTREACH TEAMS 25.580 015050 ALG/CONTR. TO CHDS-INDOOR AIR ASSIST PROG 0 015050 ALG/CONTR. TO CHDS-SOVERElGN IMMUNITY 0 015050 CIT1ZENS AGAINST TOXIC EXPOSURE (CATE) 0 015050 COMMUNITY TB PROGRAM 111,702 015050 CONTR TO CHDS - DUVAL TEEN PREGNANCY PREVENTION 0 015050 FIRST STEP - MOTHERS AND INFANTS PROGRAM 0 015050 IlEALTHY BEACHES MONITORING 24,098 015050 INTERDISCIPLINARY MANAGED CARE INITIATIVE 0 015050 LA LIGA CONTRA EL CANCER 0 015050 MANATEE COUNTY RURAL HEALTH SERVICES 0 015050 MEDIVAN PROJECT - ELDERLY 1NTEREST 0 015050 METRO ORLANDO URBAN LEAGUE TEENAGE PREG PRE',,' 0 015050 RED LEGISLATION - GAP GRANT (CAT 050310) 110,000 015050 SPECIAL NEEDS SHELTER PROGRAM 81,000 015065 ALG/CONTR TO CHDS-AIDS PATIENT CARE 03.263 015065 ALG/CONTR TO CHDS-AIDS PREV & SURV &FIELD STAFE 100,075 015115 VOLUNTEER SCHOOL HEALTH NURSE GRANT 0 015123 ALGFFAMILY PLANNING 48,602 015124 ALGfIPO - OUTREACH SOC1AL WORKERS CAT. 050707 0 015124 AkG/IPO HEALTHY START 0 015124 ALG/IPO HEALTHY START/IPO CAT 050707 0 015124 ALG/IPO-1NFANT MORTAL" ' ~RC~JECT CAT. 050707 0 015124 ALG/MCH HEAL/ItY STA '~T 050870 0 015124 ALG/MCH-INFANT MORTALITY PROJECT CAT. 050870 0 015124 ALG,~ICH-OUTREACH SOCIAL WORKERS CAT 050870 0 015137 ALG/CONTR. TO CHDS-MCH HEALTH - FIELD STAFF COST 0 015137 HEALTHY START - DATA COLLECFION PROJECT STAFF 0 015140 ALG/SC HOOL HEALTH/SUPPkEMENTAL 0 015050 Health Promotion and Education Initiative 0 GENERAL REVENUE TOTAL 2.856,678 2. NON GENERAL REVENUE - STATE 001009 Debit Memo-Bad Checks 0 010304 Stationary Pollutant Storage Tanks 0 015000 Transfer 1,500 015010 ALG/CONTR TO CHDS-REBASING TOBACCO TF 33.298 015010 ENHANCED DENTAL SERVICES TOBACCO TF 0 015010 FL HEPATITIS & LIVER FAILURE PP, EVENTION/CONTROL 186,012 0 27,361 0 27,361 0 354,068 0 354,068 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 1,829,164 0 1,829,164 0 51,765 0 51,765 0 0 0 0 0 25,580 0 25,580 0 0 0 0 0 0 0 0 0 0 0 0 0 111,702 0 111,702 0 0 0 0 0 0 0 0 0 24,098 0 24,098 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 110,000 0 110,000 0 81,000 0 81,000 0 93,263 0 93,263 0 100,075 0 100,075 0 0 0 0 0 48.602 0 48,602 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 2,856,678 0 2,856,678 0 0 0 0 1,50 0 33,29 0 0 186,01 NON GENERAL REVENUE - STATE 015010 SUPER ACT PROGRAM ADM IF 015016 G/A EPILEPSY PREVENTION AND EDUCATION EPILEPSY 'IT 015020 FOOD AND WATERBORNE DISEASE PROGRAM ADM TF 015026 ALG/CONTR. TO CHDS-BIOMEDICAL WASTE/DEP ADM TF 015047 SUPER AC ,' PROGRAM (CAT 050329 OCA 9V000)ADMIN TF 015072 ALG/CONTR. TO CHDS-SAFE DRINKING WATER PRG/DEP ADM 015084 VARICELLA IMMUNIZATION REQUIREMENT TOBACCO TF 015170 TOBACCO COORDINATION 015172 FULL SERVICE SCHOOLS - TOBACCO 'IT 015174 BASIC SCHOOL HEALTH - TOBACCO TF iON GENERAL REVENUE TOTAL ;. FEDERAL FUNDS- State 007000 007000 007000 007000 007000 007030 c,~o44 .9 007049 007049 007049 007049 007051 007056 007056 007058 007062 007063 007064 007064 007064 007065 007066 007066 007066 007066 007067 007068 007069 007077 007077 77 077 007084 007084 WINGATE DISEASE & SYMPTON PREVALENCE SURVEY CHILDHOOD LEAD POISONING PREVENTION GRANTS AND DONATIONS FEDERAL COASTAL BEACH MONITORING PROGRAM STATE PROGRAMS TO PREVENT OBESITY 2003-04 PHBG/MIGRANT LABOR CAMP SANITATION PHBG/RAPE AWARENESS STD PROGRAM-CSPS STD PROGRAM-INFERTILITY PROJECT STD PROGRAM-MED & LAB SVCS TRNG CNTR STD PROGRAM-STD/PHY TRAINING CENTER STD pROGRAM-SYPHILIS ELIMINATION PROJECT FGTF/WlC ADMINISTRATION tlEALTH PROGRAM FOR REFUGEES REFUGEE HEALTH TB TARGETED TESTING FGTF/DIABETES CONTROL FGTF/AIDS EPIDEMIOLOGICAL RESEARCH STUDY PHBG/COMPREHENSIVE COMM CARDIO HLTH PRGM AIDS SEROPREVALENCE EVAL INTEG HIV/AIDS SURV SYST PERFORMANCE FGTF/AIDS SURVEILLANCE AIDS PREVENTION FGTF/RYAN WHITE FGTF/RYAN WHITE - EMERGING COMMUNITIES FGTF/RYAN WHITE-AIDS DRUG ASSIST PROG-ADMIN FGTF/RYAN WHITE-CONSORTIA TUBERCULOSIS CONTROL - FEDERAL GRANT FGTF/AIDS INMATE INTERVENTION FGTF/AIDS MINORITY INVOLVEMENT IN HIV BIOTERR SURVEILLANCE & CAPACITY/US Al'YACK 2002 BIOTERR SURVEILLANCE & EPIDEMIOLOGY B1OTERRORISM NETWORK COMMUNICATIONS BIOTERRORISM PLANNING & READINESS FGTFflMMUNIZATION ACTION PLAN FGTFflMMUNIZATION-PROJECT FIELD STAFF 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 13,691 0 13,691 0 13,691 0 0 0 0 0 114,545 0 114,545 0 !14,545 136,680 0 136,680 0 136,680 485,726 0 485,726 0 485,726 0 0 0 0 0 0 0 0 0 0 5,000 0 5.000 0 5.000 22,751 0 22,751 0 22,751 0 0 0 0 0 34,278 0 34,278 0 34.278 0 0 0 0 b 0 0 0 0 0 ~ -, 5,624 5,624 0 _ ,6,.4 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 920,300 0 920,300 0 920,300 70,485 0 70.485 0 70,485 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 140,000 0 140,000 0 140,000 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 135,771 0 135,771 0 135,771 0 0 0 0 0 0 0 0 0 0 77,951 0 77,951 0 77,95 i 0 0 0 0 0 63,914 0 63,914 0 63,914 0 0 0 0 0 0 0 0 0 0 10,120 0 I0,120 0 10,120 51,151 0 51,151 0 51,151 13,568 0 13 568~ 0 1~:_--.53,3~_ 6~541~ - ~62,54{ 62,541 0 -. NO , 62,3730 00 62,37~ DEC 1;6 Z00362'37~ 07084 !07084 ~07084 )07084 ~07085 )07127 )07127 ,)07132 007133 007133 007134 007134 907134 007134 007135 015021 015021 015060 015075 015075 015075 FEDERAL FUNDS - State FGTF/1MMUNIZATION-WIC LINKAGES IMMUNIZATION SPECIAL PROJECT IMMUNIZATION SUPPLEMENTAL IMMUNIZATION SUPLLEMENTAL (RMS) FGTF/BREAST & CERVICAL CANCER-ADMIN/CASE MAN MCH BGTF-MCH/CHILD HEALTH MCH BGTF-MCH]CHILD HEALTH AGES 0-1 YR MCH BGTF-MCH/DENTAL PROJECTS FGTF~FAMILY PLANNING TITLE X SPECIAL INITIATIVES FGTF/FAMILY PLANNING-TITLE X MCH BGTF-GADSDEN SCHOOL CLINIC MCH BGTF-HEALTHY START IPO MCH BGTF-INFANT MORTALITY PROJECT MCH BGTF-OUTREACH SOCIAL WORKERS FGTF/ABSTINENCE EDUCATION PROGRAM MEDIPASS WAIVER-HLTHY STRT CLIENT SERVICES MEDIPASS WAIVER-SOBRA Entran! Reimburement Transfer FULL SERVICE SCHOOLS-TANF , IDCARE OUTREACH REFUGEE-ENTRANT SCHOOL HEALTH-SUPPLEMENT-TANF 015075 TR.~NSER OF FEDERAL GRANTS FROM OTItER AGENCIES 015075 TITLEXXI/SCHOOL HEALTH/SUPPLEMENTAL FEDERAL FUNDS TOTAL 4. FEES ASSESSED BY STATE OR FEDERAL RULES - STATE 001026 Retumed Check Set Fees 001091 Communicable Disease Fees 001092 Environmental Health Fees 001092 OSDS Repair Permit 001092 OSDS Permit Fee 001092 I & M Zoned Operating Permit 001092 Aerobic Operating Permit 001092 Septic Tank Site Evaluation 001113 Mobile Home and Parks 001132 Food Hygiene Permit 001135 OSDS Variance Fee 001139 Migrant Housing Permit 001140 Biohazard Waste Permit 001142 Non SDWA Lab Sample 001144 Tanning Facilities 001145 Swimming Pools 001149 Body Piercing 001165 Private Water Constr Permit 001166 Public Water Annual Oper Permit 001166 Public Water Constr Permit 001166 Non-SDWA System Permit 001170 Lab Fee Chemical Analysis 0 0 0 0 12,368 0 12,368 0 21,961 0 21,961 0 20,000 0 20,000 0 0 0 0 0 11,251 0 11,251 0 0 0 0 0 0 0 0 0 0 0 0 0 72,572 0 72,572 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 13,376 0 13376 0 0 0 0 0 0 0 0 0 52,000 0 52,000 0 0 0 0 0 1,879.355 0 t,879.355 0 0 0 0 0 7,000 0 7,000 0 256,000 0 256,000 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 22,000 0 22,000 0 24,600 0 24,600 0 0 0 0 0 15,000 0 15,000 0 0 0 0 0 600 0 600 0 4,800 0 4,800 0 180,000 0 180,000 0 0 0 0 0 500 0 500 f' 20,000 0 20,0021 0 0 0 0 0 12,368 21,961 20,000 0 11,251 0 0 0 72,572 0 0 0 0 0 0 0 0 13,376 0 0 52,000 0 1,879,355 0 7,000 256,000 0 0 0 0 0 22,000 24,600 0 15,000 0 6O0 4,800 180,000 0 No._ ? o,oo DEC 8 2003 oi · FEES ASSESSED BY STATE OR FEDERAL RULES - STATE 001211 S ate Drinking Water O 10403 Fees-Copy of Public Doc 01 _';052 Transfers-Mobile Home~RV Park EES ASSESSED BY STATE OR FEDERAL RULES TOTAL ;. OTHER CASH CONTRIBUTIONS - STATE 090001 Draw down from Public Health Unit 015029 '¥ranfers Intra Agency 015121 Super Act Reimbursements 015139 Well Surveillance Reimbursement - Pesticide 001052 001056 001059 001080 001081 001082 b o4 001085 001086 001087 001088 001089 001147 001148 001181 001191 001192 001193 001194 001208 MEDICAID )THER CASH CONTRIBUTIONS TOTAL ;. MEDICAID - STATE/COUNTY Medicaid Receipts - Part B CHD Incm:Medicaid-Pharmacy Medicaid EIP CHD Incm;Medicaid-Other CHD Incm:Medicaid-EPSDT CID Incm;Medicaid-Dental CHD [ncm:Medicaid-FP CHD Incm:Medicaid-Physician CHD Incm:Medicaid-Nursing CHD Incm:Co-Insurance CHD Incm:Medicaid-STD CHD Incm:Med Reimb AZT Disp Fee Medicaid AIDS Medicaid HMO Rate Medicaid-HMO Admin CHD Incm:Medicaid Transportation CHD Incm:Medicaid Maternity CHD lncm:Medicaid Comp. Child CHD Incm:Medicaid Comp. Adult CHD Incm:Medicaid Sonagram Medipass $3.00 Adrn. Fee TOTAL 7. ALLOCABLE REVENUE - STATE 018001 018003 018004 018005 018006 018010 '1 ~,, oo13 018099 029010 Refunds, Salary Refunds, other Personal Services Refunds, Expenses Refunds Grants to Local Gov't Refunds, Operating Capital Outlay Refunds, Special Category Refunds, Other DMS Refunds by Journal Transfer-65900 Refunds, Certified Forward Sale of Fixed Assets 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 530,500 0 530,500 0 530,500 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 351,044 503,701 854,745 0 854,745 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 240.296 344,792 585,088 0 585,088 0 0 0 0 0 30,597 43,903 74,500 0 74,500 0 0 0 0 0 0 0 0 0 0 1.027 1,473 2,500 0 2,500 0 0 0 0 0 19,919 28,581 48,500 0 48,500 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 308 442 750 0 750 643,190 922,893 1.56&083 0 1,566,083 0 0 1.625 0 0 0 o 0 35 0 0 0 0 0 0 0 1,625 0 1,625 0 0 0 0 0 0 0 0 0 ALLOCABLE REVENUE-STATE 37000 Prior YearWarrant 38000 12 Month OId Warrant .LOCABLE REVENUE TOTAL OTHER STATE CONTRIBUTIONS NOT IN CHD TRUST FUND - STATE State Pharmacy Services qtate Laboratory Services State I'B Services 5tale !mmunization Services State STD Services 5,..~te Construction/Renovation W!C Food State AIDS Drug Assistance Program Other (specify) Other (specify) }TILER STATE CONTRIBUTIONS TOTAL ,. DIRECT COUNTY CONTRIBUTIONS - COUNTY 0 0 0 0 0 0 0 0 0 0 1,660 0 1.660 0 1,660 0 0 0 0 0 0 0 0 0 0 0 0 008030 Grants-County Tax Direct 008034 (}rants Cn~: Commsn Other gOARD OF COUNTY COMMISSIONERS TOTAL 10. FEES .\UTItORIZED BY COUNTY ORDINANCE OR RESOLUTION - COUNTY 0 0 O 001004 Child Car Seat Prog 0 001060 x, ital Statistics Fees Other O 001062 Rabies Vaccine 0 O01062 Rabies Vaccine 0 001074 Adult Enter. Permit Fees 0 0 O01077 Primary Care Fees 001093 Communicable Disease Fees 0 001094 Environmental Health Fees 0 001114 New Birth Certificates 0 001115 Death Certificates 0 O01116 Computer Access Fee 0 001117 Vital Stats-Adm. Fee 50 cents 0 001195 Primary Care Transfer Fees 0 001196 Water Analysis-Potable 0 FEES AUTHORIZED BY COUNTY TOTAL 0 11. OTItER CASH AND LOCAL CONTRIBUTIONS - COUNTY O01000 Fees Other 0 O01010 Recovew-Bad Checks 0 001026 Returned Check Fee 0 001029 U-drd Parry Reimbursement 0 001072 Rsan White lille I 0 0 0 156,169 156,169 0 0 316,854 316,854 0 0 0 0 0 0 407,185 407,185 0 0 0 0 0 0 0 0 0 0 4,567,663 4,567,663 0 0 1.267,235 1,267,235 0 O 0 0 0 0 0 0 0 0 0 0 0 0 6,715,106 6,715,106 0 0 0 0 1,184,100 1.184,100 0 1,184,100 1.184A00 1,184,100 0 1,184,100 0 0 0 0 0 0 0 0 0 0 0 0 0 O 0 0 O 0 0 0 78,500 78,500 0 78,500 69,700 69,700 0 69,700 434,000 434,000 0 434,000 34,434 34,434 0 34,434 204,320 204,320 0 204,320 6,487 6,487 0 6,487 2,704 2,704 O 2,704 0 0 0 0 0 0 0 0 830,145 830,145 0 830,145 2,250 0 2,250 2,250 [:.~ , , 0 ~ 62,600 62,600~ D[C-;~ ~OOt2'600~ o o ~, o o~ 1. OTHER )01073 )01075 )01090 001190 005040 305041 007010 008010 008031 008033 008050 008090 008094 008095 008099 010300 010301 010302 010402 0!,~03 0 ~ ~ ~,08 010409 011001 011007 011098 011099 011522 012020 012021 028010 028010 028020 090002 001015 011066 011067 CASH AND LOCAL CONTRIBUTIONS - COUNTY Ryan White Title II Ryan White Title 111 Medicare Health Maintenance Organ. (HMO) Interest Earned lnterest Earned-State Investment Account U.S. Grants Direct GRANTS AND DONATIONS, CITY AND COUNTY County AIDS Education County Contributions For Facilities Grants-Cnty Sch Board Direct Grants other Local Govn't Direct Gmts/Contracts other Agencies Direct Grants Cnty Sect 403.102 Air Poi Reimb/Rebate Local Govn't Sale of Goods and Services Exp Witness Fee Consultnt Charges Sale of Goods and Services, to Other Agencies Rec>cle Paper Sales Fees-Copies of Documents Sale of pharmaceuticals Copy Fess lntraAnter Agency Sale of Goods and Services Outside State Government Healthy Start Coalition Contributions Cash Donations Private Donation School Based Clinic Other Grants/Donations Direct Other Grant DOE Fines and Forfeitures Return Check Charge Insurance Recoveries-Fire Losses Insurance Recoveries-Fire Losses Insurance Recoveries-Other Draw down from Public Health Unit Recovery of Collection of Agency Placements Ryan White Local Revenues AIDS Insurance Continuation Project )THER CASH AND LOCAL CONTRIBUTIONS TOTAL 12, ALLOCABLE REVENUE- COUNTY 018001 018003 018004 212~05 6 0~010 018011 018013 Refunds, Salary Refunds, other Personal Services Refunds, Expenses Refunds Grants to Local Gov't Refunds, Operating Capital Outlay Refunds, Special Category Refunds, Other DMS Refunds by Journal Transfer-65900 0 0 0 0 0 0 0 0 104,746 104,746 0 104,746 0 0 0 0 25,000 25,000 0 25,000 0 0 0 0 0 0 0 0 17,000 17,000 0 17,000 193,000 193,000 0 193,000 0 0 0 0 0 0 0 0 0 0 0 0 84,272 84,272 0 84,272 0 0 0 0 0 0 0 0 600 600 0 600 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 46,351 46,351 0 46,351 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 669,029 669,029 0 669,029 0 0 0 0 5,000 5,000 0 5,000 25 25 0 25 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 1,209,948 1,209,948 0 1,209,948 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 fl o DEC 1 8 2003 o ~ 0,~ pg,~ '.. ALLOCABLE REVENUE - COUNTY ,18099 Refunds, Certified Forward ~29010 Sale of Fixed Assets )37000 Prior Year Warrant GS000 12 Month Old War~ant OUNTY ALLOCABLE REVENUE TOTAL 3. BUILDINGS - COUNTY .&nnual Rental Equivalent Value Facility Operating Expense Facility Janitorial Services Other (specify) Other (specify) Other (speci fy) Other (specify) :U1LDINGS TOTAL 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 496,455 496,455 0 0 0 278,100 278,100 0 0 0 66,414 66,414 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 840.969 840,969 4. OTHER COUNTY CONTRIBUTIONS NOT IN CHD TRUST FUND - COUNTY Other County Contribution of some unknow origin Other County Contribution (specify) Other County Contribution (specify) Other County Contribution (specify.) Other County Contribution (specify) )THER COUNTY CONTRIBUTIONS IOTAL RAND IOTAL CHD PROGRAM 0 0 0 0 0 0 0 0 0 4.147,086 0 10,544,195 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 7,556,075 18,100,270 DEC 1 Ii 2003 ' COMMUNICABLE DISEASE CONTROL: Immunization (101) 12.20 10,200 37,000 240,244 STD (102) 8.05 I,I00 10.200 95,763 A.ID.S (103) 14.05 400 5,500 366,608 TB Control Services (104) 10.20 1,700 14,900 143,048 Comm. Disease Surv. (106) 5.15 0 3.300 76,644 Hepatitis Prevention (109) 3.40 750 7,000 77,536 Public Health Preparedness and Response (I 16) 5.95 0 1,200 90,324 Vital ,Statistics (180) 2.00 0 0 20,444 )MMUNICABLE DISEASE SUBTOTAL 61.00 14,150 79.100 1,110,611 PR1MARY CARE: Chronic Disease Services (210) 4.50 2,100 5,700 70,117 Tobacco Prevention (212) 1.30 0 100 11,451 Home Health (215) 0.00 0 0 0 W.I.C. (221) 28.50 I 1,550 95,200 279,877 Family Planning (223) 2.00 825 1.9~)0 43.210 Improved Pregnancy Outcome (225) 2.90 5 75 74,731 ~'"~hy Start Prenatal (227) 16.70 1,700 31.200 220,723 ,)rehensive Child Health (229) 4.80 140 I. 100 77,688 ttealthy Start Infant (231) 3.95 440 %000 45,409 School Health (234) 7.00 0 200.000 104.864 Comprehensive Adult Health (237) 3.05 700 2.300 68,089 Dental Health (240) 10.30 2,300 19.000 I93,428 85.00 19,760 365.575 1~189,587 9,1MARY CARE SUBTOTAL ENVIRONMENTAL HEALTH: /Vater and Onsite Sewage Progran~s Coastal Beach Monitoring (347) 040 0 650 9,458 Limited Use Public Water Systems (357) 1~40 50 700 30,400 Public Water System (358) 0.01 I 5 1,351 Private Water System (359) 0.00 0 0 0 Individual Sewage Disp. (361) 8.20 2,500 7.! 00 112,441 Group Total 10.01 2,551 8,455 153,650 Facility Programs Food Hygiene (348) 2.15 135 1,750 28,822 Body Afl (349) 0.00 0 0 0 Group Care Facility (351) 1.15 240 450 15,538 Migrant Labor Camp (352) 2~55 125 650 35,954 Housing,Public Bldg Safety,Sanitation (353) 0.00 0 0 34 Mobile Home and Parks Services (354) 0.45 51 140 5,168 ~':mming Pools/Bathing (360) 8.00 1.120 4 ~00 88.066 .,~medical Waste Services (364) 0.00 0 0 68 Tanning Facility Services (369) 0 10 13 30 1,014 160,187 160,187 160,187 376,577 344,228 720,805 95,763 95,763 95,764 153,928 229,125 383,053 366,608 366,609 366,609 620,041 846,393 !,466,434 143,047 143,047 143,047 249,417 322,77;: 572,189 76,645 76.645 76,644 138,700 167,878 306,578 77,537 77,536 77,536 121,900 188,245 310,145 90,323 90,323 90,323 Il9,000 242,293 361,293 20,444 20,445 20,444 81,777 0 81,777 1,030,554 1,030,555 1,030,554 1,861,340 2,340,934 4,202,274 70,118 70,119 70,120 93,445 187,029 280,474 11,451 11,451 11,451 15,200 30,604 45,804 0 0 0 0 0 0 279,878 279.877 279,877 0 1,119.509 1,119,509 43,210 43,210 43,210 64,721 108,119 172,840 112,096 112,095 74,731 328,725 44,928 373,653 220,724 220,723 220,724 344,329 538,565 882,894 77,688 77,688 77,688 73,900 236.852 310,752 45,409 45,409 45,409 72,654 108,982 181,636 104,864 104,865 104,864 167,783 251,674 419,457 68,090 68,091 68,088 106,220 166,138 272,358 193,418 193,414 193,410 451,692 321,978 773,670 1,226,946 1,226,942 1,189,572 1,718,669 3,114,378 4,833,047 9,457 9,458 9,458 15,132 22,699 37,831 30,400 30,401 30,400 47,424 74,177 121,601 1,351 1,351 1,351 2,162 3,242 5,404 0 0 0 0 0 0 112,444 112.439 112,438 175,407 274,355 449,762 153,652 153,649 153,647 240,125 374,473 614,598 28,823 28,823 28823 45,750 69,541 115,291 0 0 0 0 0 0 15,538 15,538 15,538 24,240 37,912 62,152 35,955 35,955 35,954 56,100 87,718 143,818 34 34 33 135 0 135 5,168 5,168 5,168 7,650 13,022 20,672 88,066 88.066 88,067 137,380 214,885 352,265 69 69 64 100 170 270 1,013 1,013 1,013 1,540[: I DEC 1 6 2003 ENVIRONMENTAL HEALTH: 'oup Total 14~40 1,684 7,320 174,664 oundwater Contamination :torage Tank Compliance (355) 0.00 0 1 0 ;uper Act Service (356) 0.00 0 0 271 roup Total 0.00 0 1 271 )mmunity Hygiene )ccupational Health (344) 0.00 0 0 0 2onsumer Product Safety (345) 0.00 0 0 0 Emergency Medical (346) 0.00 0 0 0 Lead Monitoring Services (350) 0.02 I 2 507 Public Sewage (362) 0.00 0 0 17 Solid Waste Disposal (363) 0.00 0 0 0 Sanitary Nuisance (365) 0.02 0 1 304 Rabies Su~'eillancetControl Services (366) 0.00 0 0 64 ,~Xabovirus Surveillance (367) I 0O 0 0 20.943 Rodent/,Mthropod Control (368) 0.00 0 0 17 Water Pollution (370) 0.00 0 0 506 Air Pollution (371 ) 0.05 0 0 2.366 Radiological Health (372) 0.00 0 0 15 Toxic Substances t373) 0.00 0 0 2 ;roup Total 1.09 I 3 24,741 qVIRONMENTAL HEALTH SUBTOTAL 25.50 4,236 15,779 353,326 SPECIAL CONTRACTS: Special Contracts (599) 0.00 0 0 23,892 'ECIAL CONTRACTS SUBTOTAL 0.00 0 0 23.892 ~TAL CONTRACT 171.50 38,146 460,454 2,677,416 174,666 174,666 174,660 272,895 425,761 698,656 0 0 0 0 0 0 270 270 270 400 681 1,081 270 270 270 400 681 1,081 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 507 507 506 770 1,257 2,027 17 17 17 30 38 68 0 0 0 0 0 0 304 304 304 470 746 1,216 68 69 69 270 0 270 20,942 20,942 20,943 32,950 50,820 83,770 17 17 17 68 0 68 507 507 507 800 1,227 2,027 2,364 ' '64 2,364 _ 3,700 5,758 9,458 16 15 15 4-2-- 25 36 61 1 2 2 7 0 7 24,743 24,744 24,744 39,090 59,882 98,972 353,331 353,329 353,321 552,510 860,797 1,413,307 23,893 23.892 23,890 14,567 81,000 95,567 23.893 23,892 23,890 14567 81,000 95,567 2,634,724 2.634,718 2.597,337 4,147,086 6,397,109 10,544,195 m I"- m w- E' '-- -- ~ 3 3 ~ · ~ ~ ~ ~ ~o ~ o ~ ~ ~ ......... o~ ~ o ~zm ~ ~x~x~ x~.,~ a ~x XX~x, x x. . , . ~ m o o o o oO o o o o o o o o o o o 8 : 8 : : 8 :8 : 8 : 8 : : : : : : : : : : : o o o o o o 8 o 8 8 8 o o o o 8 8 8 g 8 8 ~ g ~ 8 8 ~ ~ 8 8 8~8 8 8 8 8 8 o o o o o o o o o z ~ ~, p~ 0 0 o o ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ oo o o o o o o o o o o ~~888~8 ~ ~8~888888~'~ o oooooooo oo o o oo oooo 8o8o8ogo ~o8 8080 o o oooooooo~ o ooooo~oooooooooooooooooo 888oo o o o o oo 8 °°8888 8 88~88888~888888888888888 ~, o888888880 oo° ° ° ° 8888888o o o o o o8 88o o o88888o o o o o88888o o o o 8 o888888888 )EC ".~ ~ ~ 6''~ o -' o = I i~ ~ '~i''" ~ ~' ~' ' ~ ~- :~ ~ -- =_ ~ ~ ~- _ 1 ' I DEl Pg ~ ~ ~ o o ~ ~ ~ · ~ ~ o o ~ ~- '5 3. _ ~ ~ ~ ~ ~ o ~ ~ o ~ 3 ~ o ~' o o c ~. o ~ ~ b~ ~' o o _ - - ~ - I I Agen DEC 1 6 2003 Pg Fee Schedule Fiscal Year 2oo3-2oo4 CCHD CLINIC FEE SCHED~ PROPOSED Physical Exams ~migration PE (Adult) ~,4th CXR, PPD, RPR, HW !Immigration PE (Child) !5! D Completion of 1-693 INS Immigration Form ] PE Alone, no other tests (Employment, Sports PE) ~. Emplo~xnent PE with PPD, RPR : Measles i i Rubella --[ 4 Hepatitis B Pre-Employment Screen (HBsAb) Hepatitis Panel A, B, and C Panel - No Risk Identified ' Varicella :Vaccines - Pre-employment; or optional per pt. request ~: MMR Vaccine Hepatitis B Vaccine (Single Dose) Hepatitis B Vaccine (Series of 3) . Hepatitis A (Single Dose) Hepatitis A (Series of 2) Tetanus Vaccine Varicella Vaccine ' '-~Post Exposure Rabies Vaccine Single Dose (Insurance Billed) Post Exposure Rabies Vaccine Series of 2 (Insurance Billed) ;~Pre-Exposure Employee Rabies Vaccine (single dose) Pre-Exposure Employee Rabies Vaccine Series of 3 doses Flu Vaccine ]Pneumonia Vaccine HIS,~ i H IV Test to DOH Lab (turnaround lo days) __ --!~IV Testing (To DSl for expedited turnaround) i~C~R Only (1 view x~Sth reading, no followup) !ZI, CXR with reading &Follow-up Nursing Evaluation Visit I, LTBI EmployTnent Package (PPD, CXR, Evaluation, INH if needed) 4ppD placement & reading STD i STD As)Tnptomatic Screen (RPR, HIV CC, CT) & Followup :STD As)~nptomat~c Screen ~ath Regular P & Followup ! ! STD Asymptomatlc Screen w Thru Prep PAP, no reflex HPV ENVIRONMENT~ HEALTH FEES Plan Review __~_Reinspection ~-~' I Plan Rex4ew Fee Schedule for Core Contract (excludes State EH Fees) 15o.oo 1OO.OO 25.00 40.00 60.00 15.oo 15.OO 15.oo 20.00 15.oo 50.00 __ 5o.oo 15o.oo __ 5o.oo 100.OO __ 20 .O0 65.00 __ 102.00 __ 20~ ~0 405.00 20.00 25.o0 20.00 30.00 -- 40.00 __ 6o.oo 300.00 __ 2o.oo 5o.oo 75.oo 75.00 Per Hour~-- Agend~ 50.00 "~ One timTee 50.00 DEC 16 12/2/2003 i Reinspectio?_ Fee Schedule Fiscal Year 2oo3-2oo4 Foster Care _~Residential Facilities _~, _:Schools Other Group Facilities -- Plan RexSew ~___ R~inspection TANNING [Plan Rexdew I Bacteriological Fee !Rough Plumb Inspection ! Renovation Inspection ~empt~Pool~ I Operator Certificate _~_ ~O~rator Course _ [ ] Bacteriological Sample ~ Sample Collection Nitrate Sample --i !Bacteriological Sample , I Sample Collection Nitrate Sample i OSTD$ -- [ i Development Plan Rexdew e -rm~-pntal Plan RexSew plication i Construction Inspection --' ~ Final Cover Inspection ~OSTDS Permit Issuance ! i ATU Permit ---~-~PBT Permit ! Reinspec~gn __.~_!Repair Permit t ! Septic Lett~_e_r [DIAGNOSTIC Initial Oral Exam - Dol5o Periodic Oral Exam - Do12o Limited Oral Exam-Probl~ Focused ~ Dm40 50.00 One time fee 5o.oo One time fee 1So.oo Annual Fee 250.00 Annual Fee 350.00 Annual Fee 15o.oo Annual Fee 250.00 Annual Fee 500.00 Annual Fee 15o.oo Annual Fee St .oo Per Hour 5o.oo One time fee 5o.oo Per Hour 50.00 One time fee 50.00 -- One time fee 18o.oo Annual Fee 50.o0 One time fee 50.00 One time fee 50.00 One time fee 2o.oo One time fee 50.oo One time fee 30.00 -- One time fee 25.00 One time fee 60.00 One time fee 6o.o0 One time fee ~5.oo One time fee 40.o0 One time fee 60.oo One time fee 20.00 One time fee lo.oo One time fee x4o.oo One time fee 55.oo One time fee 55.oo One time fee 55.oo One time fee ~5o.oo )mnual Fee 200.00 Annual Fee 5o.oo One time fee xSO.OO One time fee ~5.oo One time fee 49.00 Dol5o 29.0o Do12o 45.oo Dm4o Code ..... Agena~ .o. Pg. Fee Schedule for Core Contract (excludes State EH Fees) 2 !X-RAYS Fee Schedule Fiscal Year 2oo3-2oo4 i ~ Intraoral Complete Series ~ Periapical first film _ Periapical-each addt'l film Bitewing-single film Bitewings-two films --[ i BitewSngs-four films PREVENTIVE , Routine Child Prophylaxis _ i Prophylaxis Adult i Topical application of fluoride Oral hygiene instruction ' Sealant ' [Periodontal Scaling and Root Planing (per quadrant) RESTORATIVE (FILLINGS) - [ [?u~nalgam-one surface, primary surfaces, primary ~ ~ ~malgam-three surfaces,primary i l,~nalgam-four or more surfaces primary Amalgam-one surface, permanent i)dmalgam-two surfaces, permanent ~:Amalgam-three surfaces, permanent 85.00 D021o 17.oo Do22o 14.oo Do23o 17. oo Do27o 28.oo D0272 39.oo D0274 43.00 Dl12o 59.00 DlllO 23.00 D12O3 32.00 D1330 34.00 D1351 165.oo D4341 69.00 D211o 86.0o D212o lO4.OO D213o 125.00 D2131 76.00 D214o 97.00 D215o 118.oo D216o --~ Amalgam-four or more surfaces, permanent i Resin - one surface, anterior ~-i Resin - two surfaces, anterior _ __ ~,, Resin - three surfaces anterior ---~-e~isi~-~-o~surf~-~ ~)r invohSng incisal angcl-a ntc riot ' -- i Resin - one surface, posterior-primary' ! Resin - two surfaces, posterior- primary i Resin - three or more surfaces, posterior-primar3' Resin one surface posterior-permanent ~__~. Resin - two surfaces posterior-permanent +Resin - three or mot,' ~' 4aces posterior-permanent Pulp cap - direct (excludin~ fit,al restoration) Pulp cap - indirect (excluding final restoration) ~,Gross pulpal debridement primary permanent and teeth Apexification/recalcification - initial visit Apex/fication/recalcification-interim medication replacement , Ape.,dfication/recalclficatmn - final msit Tooth re-impl-anta~fion and/~r stab~li~on of accident ally evulsed or displaced toot~and/o~ ~v~ololus - ]ORAL SURGERY (EXTILa~CTI~,~ ~-¥ [Simple extraction, first tooth Simnle_ extractiont a_d_di_t!0_n_a] t~oot~h surgical extraction, e_rupted tooth Soft tissue impaction Partial bony impaction 144.oo D2161 94.00 D233o H7.oo D2331 145.00 D2332 181.oo D2335 91.oo D238O 117.oo D2381 147.oo D2382 lO2.OO D2385 144.oo D2386 179.oo D2387 49.00 D3no 48.00 D312o 83.00 D3221 221.oo D335~ 16o.oo D3352 275.00 D3353 320.00 D727o 94.00 D711o 88.oo D712o ~76.oo D721o 2o5.oo D7220 267.oo D723o Fee Schedule for Core Contract (excludes State EH Fees) 3 12/2/2003 ~,tlUjAI I ! HF2~.LIH l]]t,l'~Ll~l I¥1EA.N 1 Fee Schedule Fiscal Year 9003-2004 !ADJUNCTIVE SERVICES ] !IRM (sedative filling) Analgesia, per ~4sit i ~_~onsultation (diagno_stic_serx4ce pro,Sded by dentist or_ '? i ~ o~er~n practitioner providing treatment Suture removal Injection of novacaine Space Maintainer unfiat I~lu vaclZATiciOnaNtio~ I I Flu vaccinations ~eumonia VITAL STATISTICS Death Certificates , Birth C ~-~ c~;7 ! Birth Certificates 1 ttEALTlt PROMOTION' CLASSF_~ _~_ iWinning ~ith Wellness ! Sm~o~ng Ce~~ I i Stress Management 68.00 D294o 133.oo D751o 74.00 D931o 75.00 D9110 76.00 D9920 20.00 D9999 lO.OO JllTO 156.41 DO151O 229.08 Do1515 20.00 17.OO Sponsored, grouup billing 25.oo 8.o0 lo.oo First copy 6.00 6o.oo 45.00 30.00 Each additional BEC 1 5 ZOO3 Fee Schedule for Core Contract (excludes State EH Fees) 4 12/2/2o03 EXECUTIVE SUMMARY APPROVE A LEASE AGREEMENT WITH THE CHILDREN'S MUSEUM OF NAPLES, INC. FOR VACANT LAND AT TIlE NORTH NAPLES REGIONAL PARK AT AN ANNUAL RENT OF $100. OB..IECTIVE: To provide enhanced culture and recreation opportunities to Collier County residents a:d visitors through a public-non-profit partnership. CONSIDERATIONS: The Parks and Recreation Department has negotiated a Lease Agreement with the Children's Museum of Naples, Inc. (the 'Museum') for approximately two acres of vacant property at the North Naples Regional Park ('Demised Premises'). The Museum will construct a 20,000 square foot building at its sole cost and expense in order to operate a facility to provide cultural and educational exhibits and events. The Museum estimates the facility, and its related improvements, including landscaping, infrastructure and parking area, to cost approximately Eight Million Dollars. The project shall be solely funded by the Museum. The initial lease term is for thirty years commencing as of January 1, 2004, with the Museum having the right to automatically renew the Lease for four (4) additional fifteen-year lease periods, provided the Museum is not in default under the terms of the Lease. The Lease requires that the Museum complete construction of the facility within five (5) years of the commencement date of Lease. If the facility is not completed by the aforementioned date, the Demised Premises and any improvements placed thereto shall become the property of Collier County. Rent during the initial and extended periods of the Lease will be $100.00 annually. The Museum shall pay all costs related to the facility and its maintenance, landscaping, parking area and utilities. The Lease provides a provision for the County to terminate the Lease if the Museum is not in compliance with the terms of the lease, by providing the Museum with 180-day prior written notice. The Risk Management Department has reviewed the insurance requirements in the Lease for sufficiency. Pursuant to Florida Statute, 125.38, a Resolution has been prepared and is attached stating the Board of County Commissioners is satisfied that the Demised Premises is required for the intended use by the Museum and is not needed for County purposes. FISCAL IMPACT: The annual rent of $100 shall be deposited into Parks and Recreation Administration, within the General Fund (111). The Museum has committed to pay up to $400,000 to the County for infrastructure within the Park. GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan. Agenda ~te~ O EC ! 6 2003 EXECUTIVE SUMMA RY Lease with Children's Museum of Naples, Inc. Page 2 RECOMMENDATION: That the Board of County Commissioners approves the Lease Agreement with the Children's Museum of Naples, Inc. and authorizes its Chairman to execute the Lease and the Resolution concerning same. "' mman[ta Town'nd; Operations C/o~rdinator Parks and Recreation Departn~t~t ~lichaei H. Dowling, Prop~rt~ Mhllhgement Real Estate Services Department REVIEWED BY: . ~I;,h'l~ Ramsey,'D~r'~ctor ~'~ Pa3s and Recreation De~rtment Joh~Dunnuck, Administrator PulJic Services Division DATE: Specialist DATE: DATE: i Agen da,..,1%e~_ ~_- LEASE AGREEMENT THIS LEASE AGREEMENT ("Lease") entered into this __ day of _ , 2003 between the CHILDREN'S MUSEUWI OF NAPLES, INC. ("LESSEE") whose mailing address is PO Box 2423, Naples, '-"~lorida 34106 and COLLIER COUNTY, a political subdivision of the State of Florida, whose mailing address is .i01 East Tamiami Trail, Naples, Florida 34 l 12, hereinafter referred to as "LESSOR." WITNESSETH THE PARTIES AGREE AS FOLLOWS: ARTICLE 1. Demised Premises. (A) LESSOR agrees to Lease approximately two (2) acres as described in Exhibit "A" which Exhibit is attached hereto and made a part hereof, herein called the "Demised Premises," situated in Collier County, Florida, for the purpose of LESSEE to fully fund, constrUct, operate and maintain a twenty thousand (20,000) square foot building only as a Childrens' Museum (the "Facility") for uses commonly and normally associated with a Childrens' Museum. No "zoo" or other housing of animals is being authorized. LESSEE may expand the size of the Facility subject to LESSOR'S prior expressed written approval, and to include related parking and landscaping. As the underlying land is zoned "Park," LESSEE may serve alcoholic beverages dunng infrequent fundraising events. LESSEE shall also be permitted to contract for (or conduct) one (1) concession/gift shop and the proceeds shall be revenue to LESSEE. (B) LESSOR agrees to allow LESSEE'S overflow parking to utilize the area indicated as 'NNRP Bus Parking' on Exhibit "A" as 'Shared Parking'. ARTICLE 2. Term of Lease. (A) LESSEE hereby Leases for a term of Thirty (30) years commencing on January 1, 2004 and ending ;)ecember 31, 2034 (the "Initial Term"). lB) LESSEE is granted four (4) additional (separate) fifteen (15) year renewal terms following the initial thirty (30) year term. This Lease shall automatically renew for each successive renewal fifteen (15) year term under the same terms and conditions, as provided herein, including as to the rental amount, as provided herein, unless LESSEE notifies LESSOR, in writing, of its intention n~t to renew this I.ease, which notice must actually be delivered to LESSOR not less than one hundred eighty (180) days prior to the expiration of the then current lease term. Notwithstanding, if LESSEE is in default under on the terrns and conditions of this Lease prior to the expiration leasehold estate hereby created or renewal term then in effect, LESSOR shall have the right not to renew this Lease by providing LESSEE with Notice of such intent not to renew not less than one hundred eighty (180) days prior to the expiration of the initial term, or the renewal term, then in effect. Said notice shall be effective upon actual receipt by LESSEE. (C) LESSEE agrees to complete the proposed Facility on or before the fifth year of the commencement date of this Lease. LESSEE shall be responsible for providing LESSOR with a copy of the Certificate of Occupancy issued by Collier County for the Facility. (D) If after the fifth year of this Lease, LESSEE has not actually fully completed the proposed Facility at the Demised Premises, this Lease shall be null and void and LESSOR, if it so elects, may renegotiate a new LEASE AGREEMENT with LESSEE for the intended purpose of this Agreement, or in the altemative, [£SSOR can elect to take possession of the improvements the on the Demised Premises without compensating LESSEE in any way. Upon issuance of a Certificate of Occupancy, the County shall have no further right to declare this Lease null and void for non-performance of the required construction. (E) The Board of County Commissioners, as a last resort, reserves its right to terminate this Lease, of_qz cause, upon providing to LESSEE at least one hundred and eighty (180) days prior written notice actually delivered to LESSEE at the mailing address set forth in ARTICLE 8 (or then substituted "notice address"). Said notice shall be effective upon actual receipt by LESSEE. Term/nation for cause shall be a last resort and shall not be exercised unless LESSOR has providcd LESSEE with advance written notice of each such violation(s) and has afforded LESSEE reasonable time to cure all such noticed curable violations, or in the event LESSEE violates this Lease by committing one or more material, non-curable violation(s). Any unauthorized use by LESSEE shall be a "material violation" and shall be independent grounds for termination by LESSOR for cause. If termination for cause is exercised by LESSOR, LESSEE shall surrender the Facility and all fixture and non- ~gend~ ~It~ fixture improvements to LESSOR without cost or expense to LESSOR, and the Facility and all such improvements shall become the absolute property of LESSOR. (F) The Facility and all other fixed improvements to the Demised Premises shall automatically, and at no cost to LESSOR, become sole property of LESSOR upon termination of this Lease. ARTICLE 3. Rent. LESSEE hereby covenants and agrees to pay as rent for the Demised Premises the sum of One Hundred Dollars ($100.00) per annum. The rent for the first ten (10) lease years ($1,000) shall be paid to LESSOR within ten workdays of LESSOR'S execution of this Lease. Thereafter, the annual rent shall be paid in full not later then thirty (30) days following the anniversary date of the execution of this Lease by LESSOR, and shall be paid to LESSOR not later then the anniversary date of the commencement date of this Lease for each year thereafter. ARTICLE 4. LESSEES' Other Expenses and Costs. (A) LESSEE shall pay to the LESSOR one half (1/2) of LESSOR'S total expenses to develop shared "infrastructure" as indicated on Exhibit B, including LESSOR'S costs of engineering, and LESSOR'S costs of construction of ingess/egress, parking facilities, site de','elopment, water and wastewater facilities, electric service facilities and hook-ups, surface water management and landscaping. It is anticipated that these costs by LESSOR should not exceed $800,000 and, therefore, LESSEE'S costs for this infrastructure is not anticipated to exceed $400,000. These costs shall be paid by LESSEE to LESSOR promptly after LESSOR delivers invoices t'or same to LESSEE from time-to-time. (B) LESSEE shall be responsible for its pro-rata share of any on-going maintenance or future maintenance costs or expenses related to the Shared Parking Area that LESSOR may elect to complete. This may include, but not be limited to repaying, complying with any future code issues or water management issues. (C) LESSEE shall also be responsible for the sole cost and expense of monthly costs related to electricity, air conditioning, water, sewe ]est control, telephone and other communications, trash removal, janitorial services and landscaping used .ndered or supplied to the Demised Premises throughout the life of this Lease. ARTICLE 5. Commitment. LESSEE agrees that: I. This Facility wilt be open to the general public but reasonable admittance fees may be required. 2. LESSEE shall provide the Public Services Administrator and the Parks and Recreation Department Director with construction plans for the proposed Facility. LESSOR shall review the plans and provide xvritten approval or disapproval within thirty days to LESSEE prior to any construction by LESSEE to ensure that the exterior of the proposed Facility, and that all related improYements such as landscaping, lighting and parking areas, are compatible with LESSOR'S improvements and architectural style at and near the Demised Premises. Upon review of LESSEE'S plans by LESSOR, LESSOR shall provide LESSEE with written notice of any construction scheduling conflicts that in LESSOR'S opinion may be caused by LESSEE'S construction at the Demised Premises that may hinder maintenance and/or operations at or near the Demised Premises. 3. LESSEE shall totally complete the proposed Facility, whereby in the normal course of events a normal Certificate of Occupancy can be issued to LESSEE by LESSOR not later then the fifth (5th) year from the commencement date of this Lease, or this Lease may be declared by the Board of County Commissioners to have become null and void for such non-compliance by LESSEE. 4. Any and all improvements must be in accordance with all then applicable local, State and Federal Laws, rules and regulations. 5. If LESSEE shall engage in fund raising activities, LESSEE will strictly comply with and any all laws and regulations applicable to fund raising activities and County will not be responsible in any way for any fundraising activities or reimbursements. Agen,dak I te~m DEC ! §.2003 ARTICLE 6. Indemnity. (A) LESSEE, in consideration of Ten Dollars ($10.00), the receipt and sufficiency of which is hereby acknowledged, shall indemnify, defend and hold harmless LESSOR, its agents and cmp,oyees from and against '"""'ny and all liability (statutory or otherwise), damages, claims, suits, demands, judgments, costs, interest and ~pcnses (including, but no limited to, attorneys' fees and disbursements both at trial and appellate levels) :a'~sing, directly or indirectly, from any injury to, or death of, any person or persons or damage to property (including loss of use thereof) related to (i) LESSEE'S use of the Demised Premises, (ii) any work or thing whatsoever done, or any condition created (other than by LESSOR, its employees, agents or contractors) by or on behalf of LESSEE in or about the Demised Premises, (iii) any condition of the Demised Premises due to or resulting from any default by LESSEE in the performance of LESSEE'S obligations under this Lease, or (iv) any act, omission or negligence of LESSEE or its agents, contractors, employees, subtenants, or LESSEE'S invitees. In case any action or proceeding is brought against LESSOR by reason of any one or more thereof, LESSEE shall pay all costs, attorneys' fees, expenses and liabilities resulting therefrom and shall defend such action or proceeding if LESSOR shall so request, at LESSEE'S expense, by counsel reasonably satisfactory to LESSOR. (B) The LESSOR shall not be liable for any injury or damage to person or property caused by the elements or by other persons in the Demised Premises, or from the street or sub-surface, or from any other place, or for any interference caused by operations by or for a governmental authority in construction of any public or quasi-public works. (C) The LESSOR shall not be liable for any damages to or loss of, including loss due to petty theft, any property, occurring on the Demised Premises or any part thereof, and the LESSEE agrees to hold the LESSOR harmless from any claims for damages, except where such damage or injury is the result of the gross negligence or willful misconduct of the LESSOR or its employees. ARTICLE 7. Insurance. (A) LESSEE shall provide and maintain general liability and property liability insurance policy(les), ~.approved by the Collier County Risk Management Department, I lot less than Three Hundred Thousand Dollars and No/Cents ($300,000.00) combined single limits durine. .' tcrm of this Agreement. In addition, ~.ESSEE shall provide and maintain Worker's Compensation Insurance covering all employees meeting then minimum required Statutory Limits in compliance with the then applicable F1orida and, if applicable, federal laws. The coverage shall include Employer's Liability with a minimum limit of One Hundred Thousand Dollars and No/100 Cents ($100,000.00) each accident. (B) Such insurance policy(ies) shall list Collier County as an additional insured thereon. Evidence of such insurance shall be delivered by LESSEE to the Collier County Risk Management Department, 3301 East Tamiami Trail, Administration Building, Naples, Florida, 34112, for approval within thirty days from the execution of this Lease by both parities; and shall include a provision requiring ten (.10) days prior written notice to Collier County c/o County Risk Management Department in the event of cancellation or changes in policy(ies) coverage. LESSOR reserves the right to reasonably amend the insm'ance requirements by issuance of notice in writing to LESSEE, whereupon receipt of such notice LESSEE shall have thirty (30) days in which to obtain such additional insurance. ARTICLE 8. Default by LESSEE. (A) Failure of LESSEE to remedy any non-compliance of this Agreement within sixty (60) days from receipt of LESSOR'S written notice stating the non-compliance shall constitute a default, whereby LESSOR may, at its absolute discretion, terminate this Lease by giving LESSEE thirty (30) days written notice unless the default is fully cured within that sixty (60) day notice period (or such additional time as is reasonably required to correct such default). However, the occurrence of any of the following events shall constitute a default by LESSEE. and this Lease may be immediately terminated by LESSOR except to the extent then prohibited by law: (i) Falsification by LESSEE or an agent of LESSEE of any report required to be furnished to LESSOR pursuant to the terms of this Lease. (ii) Filing of insolvency, reorganization, plan or arrangement of bankruptcy. (B) In the event of the occurrence of any of the foregoing defaults in this ARTICLE 6, LESSOR, in addition to any other rights and remedies it may have, shall have the immediate right to re-enter and remove all signs from the Demised Premises. Such property may be removed and stored in a public warehouse or elsewhere at the cost of and for the account of LESSEE, all without service of notice or resort to legal process and without being deemed guilty' of trespass, or being liable for any loss or damage which may be occasioned thereby. :\RTICLE 9. Obligations by LESSOR. LESSOR shall have no obligations whatsoever except to the extent expressly specified herein. ARTICLE 10. Notices. :",ny notice which LESSOR or LESSEE may be required to give to the other party shall be in writing to the other party at the following addresses: LESSOR: Board of County Commissioners c/o Real Property Management Dept. Administration Building 3301 Tamiami Trail East Naples, Florida 34112 LESSEE: Children's Museum of Naples, Inc. c/o President P.O. Box 2423 Naples, Florida 34106 CC: Office of the County Attorney Administrator, Public Services Director, Parks and Recreation Department ARTICLE 11. Surrender of Premises; Future Lease of the Demised Premises to LESSEE. LESSEE shall remove all signs installed by or on behalf of LESSEE immediately upon expiration of this Lease and .;hall deliver np and surrender to LESSOR possession of the Demised Premises in good physical condition, only ordinary wear and tear excepted, and shall be free from liens, security interests, and all other encumbrances except those, if any, authorized in writing by the Board of County Comrmssioners. The Board shall have no obligation to agree to any such encumbrance and such authorizations shall be as the unbridled discretion of the Board of County Commissioners. .. ',,. ARTICLE 12. General Provisions. LESSEE expressly agrees for itself, its successor and assigns, to refrain from any and all use of the Demised Premises which would interfere with or adversely affect the operation or maintenance of LESSOR'S operations v, here any such operations share common facilities or other, vise. Rights not specifically ganted the LESSEE by this Lease are hereby reserved to the LESSOR. ARTICLE 13. Effective Date. This Lease shall become effective upon execution by both LESSOR and LESSEE. ARTICLE 14. Governing Law. This Lease shall be governed by, and construed in accordance with, the laws of the State of Florida. [tN WITNESS WHEREOF, the parties hereto have hereunder set forth their hands and seals. AS TO LESSEE: FIR~"~'--~ I~I',TE~S (signature) (print/type.name) ~ ~ (pnnffty~ nme) THE CHILDREN'S MUSEUM OF NAPLES, iNC. Agenda. Itgm- 2OO3 AS TO LESSOR: DATED: ATTEST: DWIGHT E. BROCK, Clerk By: Deputy Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: TOM HENNING, Chairman Approved as to form and legal sufficiency: Th~o~m~as C. Palmer Assistant County Attorney DEC 1 ~ 200] EXHIBIT A K =7953 Nor~ ( ~.EGIONAL pARK CO~ COUNq'Y pkRF.~ & LEASE PARCEL NAPLES, FLORIDA 3, H6 ' DEC 1 5 2003 DEC 1 I~ 2003 RESOLUTION 2003 - __ RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS, COtJJER COUNTY, FLORDA, APPROVING THE LEASE AGREEMENT BETWEEN COLLIER COUNTY AND THE CHILDREN'S ,~SEUM OF NAPLES, INC. FOR USE OF COUNTY-OWNED PROPERTY AT THE NORTH NAPLES REGIONAL PARK WHEREAS, the Children's Museum of Naples, Inc. ('Museum'), desires to lease approximately __ square feet of Collier County-owned unimproved land located at the North Naples Regional Park, for construction and operation of a Children's Museum; and WHEREAS, the lease shall have an initial term lease of thirty (30) years and includes four (4) additional (separate) renewal terms of fifteen (15) years each. The annual rental shall be and shall remain to be $100; and WHEREAS, the Board of County Commissioners believes and finds that this land ("Demised Premises") is required for the Museum's use and is not presently needed exclusively for County only purposes. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORDA, that: 1. The Board of County Commissioners hereby approves the attached Lease Agreement between Collier County and the Children's Museum of Naples, Inc. 2. The Chairman of the Board of County Commissioners of Collier County, Florida, is hereby authorized to execute the attached Lease Agreement on behalf of the Board.. This Resolution adopted this majority vote in favor of adoption. day of , 2003 after motion, second and ATI'EST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: BY: · Deputy Clerk TOM HENNING, Chairman Approved as to form and legal sufficiency: Thorn-as C.'P~mer, Assistant County Attorney Agenda It ~o. i'(~ 12EC 1 EXECUTIVE SUMMARY RECOMMENDATION TO AWARD BID NO. 04-3580, ON-CALL ELECTRICAL REPAIRS AND NEW INSTALLATION TO BE USED BY VARIOUS COUNTY DEPARTMENTS FOR MAINTENANCE AND REPAIRS. (ESTIMATED DOLLAR AMOUNT OF $100,000) OBJECTIVE: To award Bid No. 04-3580 for On-Call Electrical Repairs and New Installation, to be used by various County departments for maintenance and repairs. (Estimated dollar amount of $100,000.) CONSIDERATION: From time to time it is necessary to have emergency work, preventive maintenance, and new installation of equipment performed by a licensed electrical firm. It is equally important to have a wide specialty of contractors awarded contracts. Some examples are dealing with industrial high voltage power systems or small Iow voltage systems, such as a scoreboard. On October 7, 2003, formal bid invitations were posted in the lobby of the Purchasing Building and distributed to seventy-four (74) firms who provide these services. On October 29, 2003, bids from three (3) firms were opened. A bid tabulation sheet is attached for review. Staff has reviewed the bids and recommends award to EB Simmonds Electrical, Inc. as primary vendor, Paragon Electric, Inc. as secondary vendor, and Southwest Electric, Inc. as tertiary vendor. FISCAL IMPACT: Funds are budgeted in the user departments' cost centers for the annual amount of their usage. GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact. RECOMMENDATION: That the Board of County Commissioners award Bid No. 04-3580 for On-Call Electrical Repairs and New Installation to EB Simmonds Electrical, Inc. as primary vendor, Paragon Electric, Inc. secondary vendor, and Southwest Electric, Inc. as tertiary vendor. SUBMITTED BY: Scott D. Johnson, Purchasing Agent Purchasing Department REVIEWED BY: '~C '~ne"l~l Date: Stephen . ar , ' Purchasing Department APPROVED BY: C~~ ~ Len Gol~len FSrice, Administrator Administrative Services Division Date: Date: 17_-/-03 CD ~ o,oooo ~ ~ ~ o ~ ~ z ZZZ i ~ Z ~ ~ ZZZ ZZZ ~ o EXECUTIVE SUMMARY APPROVE A BUDGET AMENDMENT TO ACKNOWLEDGE RECEIPT OF A $1,000 GIFT FROM WAL-MART STORES INC. FOR THE INSTALLATION OF A COUNTY GOVERNMENT AND MUSEUM SIGN AT THE SOUTH ENTRANCE OF THE US~41 MAIN GOVERNMENT COMPLEX. OBJECTIVE: To have the Board of County Commissioner approve a budget amendment recognizing receipt of a $1,000 gift from Wal-Mart Stores Inc. for the installation of a County Government Sign at the south entrance of US-41 at the Main Government Complex. CONSIDERATION: The Department of Facilities Management has initiated a project to provide sign upgrades for the Main Government Complex. This sign upgrade project includes the installation of a large lighted sign at the entrance of US-41 near Wal-Mart Store's west entrance with changeable letters allowing Museum staff and other Departments to post special events available to the public. In an effort to participate and show a "good neighbor" effort, Wal-Mart Stores Inc. has graciously offered a gift of $1,000 for the purchase and installation of the Government sign, which will include island-landscaping upgrades. In addition, Wal-Mart has also authorized the use of their median island at the south US- 41 entrance. Facilities Management has budgeted funds for this sign project under its 301 Capital Projects and will apply this gift to those funds to help in covering costs associated with this project. FISCAL IMPACT: The $1,000 gift will be deposited in 301 Capitat Budget/Sign Upgrades. Additional funds needed for this project have been budgeted in FY 2004 Capital Budget/Main Campus Sign Upgrades. GROWTH MANAGEMENT IMPACT: There is no impact on the Collier County Growth Management Plan. RECOMMENDATION: That the Board of Collier County Commissioners approve the acceptance of the $1,000 gift from Wal-Mart Stores Inc. for the purchase and installation of a Main Government Complex Sign at the south US-41 entrance and the necessary budget SUBMITTED . D~ni~l R Rodr[gu.~, .F~ies Manager Department of I~cilities Management REVIEWED BY: APPROVED BY: ~6~p, CFM, Director Department of Facilities Management Len Gold~n-Price, Administrator Administrative Services Division Date: Date:/ AGENOA I T E NJ~,'t .o. !/_, DEC 1 6 2003 WAL -MART WAL~¥ MART STORES INC. Daniel R. Roddguez Facilities Manager Facilities Management, Bldg. W 3301 East Tamiami Trail Naples, Florida 34112 Dear Mr. Roddguez Wal-Mart would be happy to authorize and participate in getting a sign for the Collier County Museum built on the driveway island directly between our store and the county complex. ' Jr local Wal-Mart store would also like to give a $1000.00 grant towards the .,,.4n and or any upgrades to the islands landscaping. I look forward to seeing the project completed in the coming months. If ever in the future an idea comes up to be better neighbors please give me a call! Scott E. Schwalback Store Manager Wal-Mart Stores, Inc. AGENDA I T..E ~ ~ DEC 1 6 2003 I ~°. J EXECUTIVE SUMMARY APPROVE AND EXECUTE AN AGREEMENT TO PROVIDE THE DISTRICT SCHOOL BOARD OF COLLIER COUNTY, FLORIDA, $102,917.65 FROM THE GAC LAND TRUST TO PURCHASE PLAYGROUND EQUIPMENT AND SUNSCREENS AT SABAL PALM ELEMENTARY SCHOOL. OBJECTIVE: Board of County Commissioners' approval and execution of an Agreement between Collier County (County), a political subdivision of the State of I lorida, by its Board of County Commissioners, acting in their capacity as Trustee of the GAC Land Trust and the District School Board of Collier County, Florida (School), which provides for a maximum expenditure of $102,917.65 from the GAC Land Trust to purchase playground equipment and sunscreens for the Sabal Palm Elementary School. CONSIDERATIONS: On November 15, 1983, Avatar Properties, Inc., and Collier County entered into an Agreement (1983 Agreement) that dedicated 1,061.5 acres of property in Golden Gate Estates to the County. The conditions of the dedication include that the property or revenue from the sale thereof are to be used for fire and police protection facilities and services, public schools, libraries, and recreational facilities for existing and future residents and visitors of Collier County. The 1983 Agreement also specifies that all capital improvements must be physically located within the geographical boundary of "Golden Gate Estates." At the September 22, 2003, meeting, the Golden Gate Estates Land Trust Committee recommended by a vote of 4/0 (fifth member is vacant) that the Board approve a request from the School for a maximum allocation of $102,917.65 for the purchase of playground equipment and sunscreens for Sabal Palm Elementary School located at 4095 18th Avenue NE in Golden Gate Estates. The terms of the contribution and equipment list are provided for in the attached Agreement. The School has six months from execution of the Agreement to expend the funds. As required !n the 1983 Agreement, a "Letter of No Objection," (copy attached), has been secured from Avatar Properties, Inc. The Agreement has been reviewed and approved by the County Attorney' s Office. FISCAL IMPACT: A total allocation of $102,917.65 shall be withdrawn from Fund 605 Reserves and deposited into the appropriate Fund 605 operating account. GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact. RECOMMENDATION: Staff is recommending that the Board of County Commissioners: Approve the attached Agreement providing for a maximum expenditure of $102,917.65 for the purchase of playground equipment and sunscreens for Sabal Palm Elementary School; and Authorize Chairman Henning to execute the Agreement; and Approve the attached Budget Amendment.. AGE NOA ITEM No./~-g DEC 1 6 003 Executive Summary GAC Land Trust Funding Page 2 Toni A. Mott, Supervisor Real Estate Services - Facilities Management Department REVIEWED BY: ~ha~-l~I~. Carrington, J~., SR/WA, Manager Real Estate Services - Fdcilities Management Department REVIEWED BY~~ Skip C~amp, CFM, Director Facilities Management Department DATE: APPROVED BY: Administrative Services Division DATE: DEC 1 6 2.003 AGREEMENT THIS AGREEMENT made this __ day of 2003 between the DISTRICT SCHOOL BOARD OF COLLIER COUNTY, FLORIDA, (hereinafter referred to as the "School") ,,,,hose mailing address is 5775 Osceola Trail, Naples, Florida 34109, and COLLIER COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA, BY ITS BOARD OF COUNTY COMMISSIONERS, ACTING IN THEIR CAPACITY AS TRUSTEE OF THE GAC LAND TRUST, (hereinafter referred to as the "County") whose mailing address is 3301 Tamiami Trail East, Administration Building, Naples, Florida 34112. WHEREAS, County has acquired 1.061.5 acres, located in Collier County, Florida (hereinafter referred to as "Property"), from Avatar Properties Inc. f/k/a/GAC Properties Inc. in accordance with the November 15, 1983 Agreement between Avatar Prop 'ties Inc. and Collier County, (hereinafter referred to as the "1983 Agreement"); and WHEREAS, pursuant to the 1983 Agreement, the Property deeded to the County and/or the monetary proceeds acquired from the subsequent sale of said Properly are to be used to provide governmental facilities within and for the geographical area known as "Golden Gate Estates"; and WHEREAS, the County currently has funds derived from the use and/or sale of a portion of the above-described Property; and WHEREAS, the School has requested funds to purchase Playground Equipment and Sunscreens for the playground at the Sabal Palm Elementary School, which is located in Golden Gate Estates; and WHEREAS, the County has determined that a disbursement of a portion of said funds to the School is in accordance with the intent of the provisions of the 1983 Agreement and accomplishes the purposes of said 1983 Agreement by providing Playground Equipment and Sunscreens for the playground at the Sabal Palm Elementary School, which is located in Golden Gate Estates; and WHEREAS, Avatar Properties Inc. has provided a "Letter of No Objection", dated I'x/dv. 10, 80_5, approving the use of funds derived from the sale of Property to fund the purchase of "Playground Equipment and Sunscreens" to be located at the Sabal Palm Elementary School located within Golden Gate Estates. NOW THEREFORE, in consideration of the above premises which are incorporated herein and made part of this Agreement, and in further consideration of the mutual covenants set forth below, and other good and valuable consideration, acknowledged by the parties to be sufficient, just and adequate, the padies hereto do agree as follows: 1. The County hereby agrees to contribute a maximum of One Hundred Two Thousand Nine Hundred Seventeen and 65/100 Dollars ($102,917.65) of the total funds to be expended by the School for purposes hereinafter stated, (hereinafter referred to as the "Funds"), in accordance with the terms and conditions of this Agreement, provided said Funds are to be used solely for the purpose of purchasing the items listed on the attached Exhibit "A", attached hereto and made a part hereof, (hereinafter collectively referred to as "Equipment"). 2. The School agrees and warrants that the Equipment purchased with the Funds shall be utilized solely for the School for the primary purposes of providing Playground Equipment and Sunscreens at the Sabal Palm Elementary School, which is within the geographical area commonly known as "Golden Gate Estates". 3. The School hereby agrees 1hat the purchase of the Equipment has been or shall be in accordance with all applicable bidding or other requirements for the procurement of property and services as set forth in Chapter 287, Florida Statutes, and such other statutory provisions as may apply. The School hereby agrees that the purchase of the Equipment shall be conducted in a manner ccnsistent with the Board of County Commissioner's purchasing policy and in proper coordination with the County's Purchasing Department prior to the ordering or receiving of any goods or services purchased under this Agreement. 4. Payment of the Funds for the Equipment shall be in accordance with the following procedure: (1) After delivery of said Equipment to the School, the School shall deliver to the Real Estate Services Manager for approval prior to any payment made to the District: (a) Copies of any and all invoices for said Equipment, clearly stating the purpose of said invoices and indicating that the invoices have been paid in full. (b) A letter from the School, signed by the Chairperson, stating that the Equipment has been received and accepted in good order and directing the County to reimburse the School upon payment of the invoices for those items listed in Exhibit "A" for purooses specified in this Agreement. ' (2) Within thirty (30) days after receipt and approval of the above-described documents and verificalion that all invoices have been paid in full by the School, it not already provided, a County warrant for payment shall be prepared and made payable to the School and shall be forwarded directly to the School by the County. In no way, shall the total amount to be paid exceed $102,917.65. (3) The Equipment shall be purchased by the School within six (6) months of the execution of the Agreement by both parties. In the event that the Equipment is not purchased by lhe School within six (6) months from the execution of this Agreement, it is understoc~d and agreed by the parties that the School shall refund and repay to County, within thirty (30) days, any and all Funds which have been provided to the School pursuant to the provisions of this Agreement. (4) If the School obtains any monies as a gift, contribution or reimbursement, through any grant program, pedaining to the purchase of said Equipment, such gift. contribution or reimbursement shall be, within ten (10) days of receipt by School, forwarded to the Board of County Commissioners for deposit into the GAC Land Trust Account as reimbursement of Funds provided for by this Agreement. School agrees to prepare and submit the appropriate qrant applications whereby verification of such application, and its approval or denial, shall be ~rovided to the County within thirty (30) days of submittal and/or receipt. (5) The School covenants and agrees that upon the payment of alt or any portion from the Funds in accordance with the obligation contained in this Agreement it shall be the further obligation of the School to pay any remaining balance required to complete the purchase of any other Equipment required. 5. The School agrees to obtain and maintaininsuran, e, .eCace ~n an amount sufficient to provide for full repair and/or replacement of Equipment in the event the ~quipment is damaged or destroyed. 6. The School covenants and agrees that this Agreement :s solely between the County and the School and, although the County shall reimburse the School for afl ~r only a portion of the Funds on behalf of the School, the County shall have no direct or indirect liability to the vendor of Equipment or any other third party resulting from this Agreement. 7. School agrees to protect, defend, indemnify and ho~d the C,3~inty harmless from any and all claims, actions, causes of action or liabilities including attorney's fees and costs arising from or in any way connected with the use of the Funds or the se eclion. F.,~;rc'm~p delivery or use of the Equipment by the School, its agents, employees, or in any way elate, ~ to the use of the Equipment by the School, its agents, employees or any third party. 8. The School understands and agrees that the Funds to se provided to the School in accordance with the terms of this Agreement have been derived from and are being provided solely for the sale and/or use of a portion of the Property conveyed to the County pursuant to the 1983 Agreement administered and managed by the County for the GAC Land Trust and that such Funds are currently in County Fund 605-122390 (The GAC Trust Land Sales Fund}. The School fudher understands and agrees that n, ~ ,rem taxes, revenues or moneys form other sources have been committed or will be corr the Collier County Board of County Commissioners for the purposes set forth in this Agreement. 9. The School agrees that following purchase, and at all times thereafter, the Equipment shall be used to provide Playground Equipment and Sunscreens for the Sabal Palm Elementary School within the geographical area commonly known as "Golden Gate Estates". 10. In the event that the Equipment ceases to be utilized by the School as described in Paragraph 2, or if the Equipment ceases to be used in accordance with the terms of this Agreement, the School agrees that the School shall pay to the County, within thirty (30) days, an amount equal to the fair market value of the Equipment as of the date the Equipment ceases to be used by the School as described in Paragraph 2 or the date the Equipment ceases to be used in accordance with this Agreement. The fair market value shall be determined by a third party, selected by the County, who is determined to be qualified to establish the valuation of said Equipment. 11. Florida. This Agreement is governed and construed in accordance with the laws of the State of 12. Any notice required by 1his Agreement shall be addressed to the padies at the address set forth below: IF TO THE COUNTY: Collier County c/o Real Estate Services Administration Building - 4th Floor 3301 Tamiami Trail East Naples, Florida 34112 IF TO THE DISTRICT: The District School Board c/o Dave Lesansky Office of the Director Facilities Planning and Construction 5775 Osceola Trail Naples, Florida 34109 13. This Agreement represents the entire Agreement between the parties, and no promise, representation, warranty or covenant not included in this Agreement or any such referenced agreements has been or is being relied upon by either party. No modification or amendment of this Agreement shall be of any force or effect unless made in writing and executed and dated by both p~rties. 14. This Agreement may not be assigned. IN WITNESS WHEREOF, School and County have caused this Agreement to be duly executed on the day and year first above written. AS TO COUNTY: DATED: ATTEST: DWIGHT E. BROCK, Clerk AS TO SCttOO~_: DATED: WITNESSES: Fir~ Wli~qss (Signature). Name: '~ ¢---Y '--I (Print-~r Tyl~e) S_cond Witnes~ (STgnatur/~)/)~ Name: Deborah (Print or type) BO'*,RD C}F COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: Tom Henning., Chairman DISTRICT SCHOOL BOARD OF COLLIER GOUNTY FLORIDA CHAIR Super/~ntendent c~f Schools and Ex-Officio Secretary (Print Name) Approved as to form and legatlsufficienc~: Heidi F. Ashton Assistant County Attorney UEC ZOO3 I OWEN-AMSS-K~MBALL COMPANY ~310 TRAIL BLVD. SABAL PALt4 ELEHENTARY 409~ tBTH AVENUE N.Eo T NAPLES, FLOR 34108 r NAPLES 0 . O PROJECT NAHE~ ~ABAL FALM ELEMENTARY ,~S~^T,V~ DOMINICA ALL':~4 MRS B4 DEL' STEV~ HEBDEN ~39-455-B51! 40B~ PtB~7 IZO2q t2027 ~Z4oo. SADDLE 'MAT~ (PLASTIC:?8 REDZ00; 4'CRAWh TUBg W/SPY (PLASTIC:SZ YEt,LOWZ01 3~I/2"UPRT ASS'Y ,(BA9IC~ GREEN)".'; SWAMP BIRD ASSEMBLY COIL SPRIHG MT-LOOSB;iFILL WHALg'.ANIMAL ONLY '~COIh.SFRiNG M'r-LQOSB FIL~ PORPOISE ASSEMBLY "¢"' ?COIL:SPNING MT-LOOS~ FILL ~ORT PLASTISOL BENCH, ~< BASIC~ GREEN) (TUFFC[ SPNT ASS'Y ALUM ,IC~M GRgEN) : ',,. ASS'Y ALUM GREEN PA6~AGE FLOR 341ZO 3~4~ 136,OO0 oc.uoci 41,000 62.000 41,O00 ~2.000' 41.000 ~Z.000 ZIZ.O0( B~IGEZO PELL PAi No../~ -o x.7..~ DEC 1 6 2003 Pg. ~ S © ~ N~PLES, FLO~ 34108 O ! )ST ADD~A' G.-POL: GHT ,SlCf~ GREEN , ¸H "' .~AFAL PALI4 ELEMENTARY u 4098 tSTH AVENUE ~I'';T NAPLES, FLOR 34120 O 38146 42.000 4s. oo'~t ... BI.O00'. DBCKi'PVC!HL 223,000. " ~3.000' ~8.doi BLLOWZ0C AGE N,D,A ~o.~~ u~-c 1 6 200~ | / G3IO TRAIL ~LVD. r 409~ 18TH AVENU~ N,~. NAPLES, FLO~ 3~100 .: T ~ NAPLES, FLOR O DOM! HICA 38146 -,~ 10i94 MAINLINER 5L PLASTI Icg. 000 J" 10172 ATTACHMENT' '~ 8,000 :C~TA~TOB ( PLA~TIC~ EB' BE: hOOP: LAD. I 30o DEC 1 6 2003 o L OWEN-AMES-KIMBALL COMPANY ~ G310 'FRAIL BLVD. o NAPLES, FLOR 34108 ~s~ .... ~ DOMiNIdA ALL ~ HR~ B4 DES': J. 1 1 1 4 PAINT 4;5. ~O~OL'PAINT YELLOW~ W/ CAP)6 BASIC~ GREEN /O CA] ~5 GREEN IP W/AL CAP PIP. W/ALr~AP CA~i 48. O0 212. 000 aL SLU~ zooz ~ ','?'~'" lOZ4,0 O z', 0~¢.' : · 000- · 000 · 000' · QO0~ :, ~ 000 AGEN~.A ITEM --? No./~,-z~'- .._'~ DEC 1 6 2003 EXHIBIT ~. ~'~ ~ , ; / , FLOR ~ :' ' S '.~':;, '¥~5~ GA~E ~R~O~/~B~;~ ~'; ';'~ '" ,., ORDER NUMBER O~'TEN-AME$-K iMBALL COMPANY 6310 TRAIL BLVD. NAPLE~i FLOR 34108 i A GE N~A ITEM,---, No..//.~-~___~ DEC 1 G 200] Pg. EXHIBIT ~' .~ ,,.~,' ~'~,~'~>~' ' - '- ' ~' ~ ;~ ~ '~'~;,t~ ~,~ ~~~ , ~ -", ~¥' OWEN-AMgS-RZ[qaALL COMPANY '~.~1~ 9ABAL PALM ELEHBNTARY G~lO TRAIL RLVD. NAPLES, FLOR 34t0~ T:,' NAPLES FLOR ~4120 ' 'DOM[N[gA .... 38146 · : O00ZZ 796 IL' No. ,X_~--~' .~ L,~'L; 1 ti 200:{ Pg' ,// -- I649 SW lst Way # B - 3 Deer. field Beach, FL 33441 954-425-0161 - Fax 954-425-0144 www. shadeports, com NAM~ / ADIDRE~S Owen. Ame$.KimbaI{ 6310 Trml Blvd Naples, FL 34108 INVOICE SHiP TO ~ABAL PALM ~LEMENTARY 4095 18TH AVENUE NORTHEAST NAPLES, FL 34120 ORDER#125g-051-M POrt5979-1~'§9-M- 10021 i 239-'~96-0294 r ITEM OEgCRIPTION AMOUNT ~ S AI~,~,I~'FA~ ~-I~ L ~ M ENT A R Y SC H-'~L-- r 195' x 45' x 15' ~t SOLAR St4ADJ~ STRUCTLI~ES 2.5 CUSTOM 5- 39'x 45'x 15'H SOLAR SHADEPORT STRUCTURE 24,131 ~ COVER SUPER Uv UL fRABLOCK "TM' FABRIC AS PER SAMPLE CURTAINS 3F x 5' CURTAINS CURTAINS 45' K 5' CURTAINS 8" COLUMNS 8" STEEL GALVANIZED FINISHED COLUMNS WITH BASEPLATE~ APPLICATION , HOOPS 3" DIAMETER, PRE-SHAPED WITH A NATURAL GALVANIZ6D Ft~,,SH BRACES 8RACES ~ ENGINEERING ENGINEERING DRAWINGS 550 00 04 INSTALLATION NAPLES FL 5264 S/H SHIPPING ANO HANDLING WARRANTy WEOFFERA 10 YEAR WARRANTY I SEE WARRANTY CERTIFICATE) INStALLATiON DURATION ( 10 DAYS) Amount due this Our shadeport structure(s) remain(s) the property of Industrial Shadeports USA Inc., until proposal and matching invoice amounts are paid in full. APPROVED PA YMENT PLAN 1 6 2003 /2--- 1649 S~V 1st l~'ay # B - 3 Deer. field Beach, FL 33441 954-425-016I - Fax 954-425-0144 www. sAad~porls, corn Owen- Ame~-Kimbail 6310 Trail Bird, Naples, I:L 34108 CUSTOM COVER CURTAINS CURTAINS B' COLUMNS HOOPS BRACES ~NGINEERING INSTALLATION SIH NARRANFY DATE INVOICE SHIP TO ,1095 18TH AVENUE NORTHEAST NAPLES, FL 34120 ORDER#12$O-051-M 195'x45'x 15'H SOLAR SHAOE STRUCTURES 5 - 39' x 45' x 15' H SOLAR SHADEPORT STRUCTURE 24.111 00 SUPER UV UI_TRABLOCK'TM" FABRIC AS PER SAMPLE 39' x 5' CURTAINS 45' X 5' CURTAINS ~" STEEL OALVANIZED FINISHED COLUMNS WITH ~ASEPLATES APPL CAT ON 3" DIA~ ret: PRE-SHAPED WITH A NATURAL GALVA¢IZED 8RACES ' ~ NAPLES FL 7 897 20 / SHIPPING AND HANDLING WE OFFER A 10 YEAR WARRAN~ ( SEE WARRANTY CERTIFICATE} INSTALLATION DURA]iON [ 10 OAYS RECEIVED SEP 2 :' Z'~23 Q'~-AMES KIMBALL CL,MP", Amount due this Involce:$32,02B.20 Our shadeport structurefs) remain(s) the property of Industrial Shadeports USA Inc., until proposal and matching invoice amounts are paid in full. APPROVED PAYMENT PLAN AVATAR PROPERTIES INC. November 10, 2003 Collier County Government 3301 E. Tamiami Trail Naples, FL 34112 Attention: Re: Toni A. Mott- Supervisor Administrative Services Division Real Estate Services RECEIVED N0¥ I 2 2003 REAL ESTATE SERVICES 1983 Agreement between Avatar Properties Inc. and Collier County. Proposed Expenditure: District School Board - Playground Equipment & Sunscreens Dear Ms. Mott: On behalf of Avatar Properties Inc. I would hereby acknowledge receipt of your recent correspondence dated October 30, 2003 which references the above captioned matter. In your correspondence you have requested a "Letter of No ObJection" with regard to the recommendation by the Golden Gate Estates Land Trust Committee to expand funds not to exceed $102,917.64 to assist the Collier County District School Board with regard to the purchase of playground equipment and sunscreens to be located at the new Sabal Palm Elementary School in Gol'jn Gate Estates. The aforesaid being setforth in the proposed form of Agreement attached to your cz .espondence. By this letter I would on behalf of Avatar Properties Inc. confirm that said corporation does not have any objection to the expenditure of funds as recommended by the said CommJttee. If I can be of further assistance, please feel free to contact me at your convenience. DJG/zb Very truly yours, AVATAR PROPERTIES INC. Dennis J. German Executive Vice President General Counsel P.O. Box 023000, Miami, Florida 33102-3000 - (305) 442-7000 F,~MX (305) 448-9927 M:~DAILY~,GETMAN~ZURlkLetters\CollierContyGoverment. 11-6-03.DOC A C:i £ I~,,,,A l T...,.,.,~ No. ,/6~ ~ ~ ~ DEC !6200: I Pg' ?// - EXECUTIVE SUMMARY APPROVAL OF THE 2004 CONTRACT RENEWAL WITH CORPORATE BENEFIT SERVICES OF AMERICA, INC. FOR GROUP HEALTH INSURANCE CLAIMS ADJUSTING SERVICES. OBJECTIVE: To procure group health insurance claims adjusting services to the Collier County Group Health Insurance Plan for 2004. CONSIDERATIONS: The County administers a partially self-funded Group Health Insurance Program for the employees of Collier County. The program requirr s the use of a Third Party Claims Administrator to adjudicate claims presented to the plan. Since January 1, 2000 the County has used Corporate Benefit Services of America (CBSA) as its claims payer. The performance of services by CBSA has been satisfactory. The contract with CBSA requires that they provide a renewal price quotation annually to the Board for the Board's approval. The current rate is $14.85 per employee per month or approximately $372,960 per year. CBSA has requested a rate increase of $.50 per employee per month for 2004. Thus, the total rate will be $15.35 or $386,620 annually. This equates to an increased annual fee of $13,660 or approximately 3.5%. The reason for this requested increase is attributable to Collier County experiencing a higher claim volume than the typical claim volume of CBSA's other clients. The services offered include health claims adjudication; COBRA administration; dental claims adjudication; and HIPAA administration. Staff requested that the County's contracted broker, Willis Corporation, provide comparative data to assure that CBSA's rates remain competitive. According to Willis Corp., rates for these services range from $15 to $18 per employee per month for comparable companies and services. Therefore, CBSA's rates remain competitive. Finally, the decision to change claims administrators has significant (and potentially negative) logistical and service impacts to employees and medical providers. In summary, service delivery has been satisfactory; the proposed rate increase is commensurate with the inflation rate and the level of service provided; and the rate remains competitive with comparable companies. The effective date of the contract renewal is January 1, 2004. FISCAL IMPACT: The estimated annual cost for third party administration fees are $386,620. These figures are based upon an average enrollment of 2,100 employees. The specific rates are as follows: Service Health Claims Adjudication COBRA Administration Dental ¢''' = irn s Administration H IPA/' ;ates Total Fee- 2004 Rate (per employee per month) $12.25 ~$.95 $1.80 $.35 $15.35 Sufficient funds are budgeted within Fund 517, Group Health and Life Insurance for this purchase. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this item. RECOMMENDATION: for group health claims administration services at the rates quoted herein. PREPARED BY: (,~_/.,~'.~'~<',~""-'~ Date: J~/-CCalk(~r, CPCU, ARM, Director, Risk Management Department REVIEWED BY'~ ~/'~'~_~ Date: Len Goid~n Price, Administrative Services Administrator It is recommended that the Board approve the renewal of the agreement with CBSA .o. DEC 1 6 EXECUTIVE SUMMARY REPORT AND RATIFY STAFF-APPROVED CHANGE ORDERS AND CHANGES TO WORK ORDERS TO BOARD-APPROVED CONTRACTS OBJECTIVE: To enable the Board to oversee the execution of administrative change orders and changes to work orders, and pl ~mote accountability in the use of staff authority. CONSIDERATIONS: On April 22, 2003, the Board approved a recommendation to implement a plan to enable changes to BCC-approved contracts of 10 percent or less to continue to be authorized by staff. The plan calls for staff to submit a monthly report listing these change orders from the previous reporting period. Enclosed is the monthly report of the Administrative Change Order and Administrative Changes to Work Orders Report. This report covers period beginning on or about November 1, 2003 through November 30, 2003. FISCAL IMPACT: There is no fiscal impact resulting from this action. GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with this action. RECOMMENDATION: That the Board of County Commissioners accepts the enclosed Administrative Change Order and Administrative Changes to Work Orders Report and ratifies the listed change orders and changes to work orders. PREPARED ,'dr 'nda L Jac~ n, Contracts Agent DATE: /Z-/ Stephen Y. Carnell, Purchasing/General Services Director Len GoldetJ Price, Administrative Services Administrator 2003 o o 0 0 u E 0 CONTRACT MODIFICATION CHECKLIST FORM PROJECT NAME: Renovation of Building B PROJECT #: 52001 BID/RFP #: 02-3349MOD #: 2 AMOUNT OF THIS CHANGE $820.00 PO #: 4500012831 Work Order #:SC 02-36 CONTRACT AMOUNT: ORIGINAL $ 43,059.00 CURRENT $47,303.00 Last BCC Approved Amount $. (STARTING POINT) (INCLUDING THIS CHANGE ORDER) (LAST TOTAL AMT. REQUIRING BCC APPROVAL) Date of Last BCC Approval Agenda Item # of the change over/under current contract amount 9.9% U~ ~i~'/~ ~ Percentage Formula: (Current Amount / Last BCC approved amount)-1 Results and Actions: If the change exceeds 10% BCC approval is required; under 10% reported to BCC on Purchasing report. CURRENT COMPLETION DATE (S): ORIGINAL: 11/15/03 CURRENT: 11/15/03 SUMMARY OF PROPOSED CHANGE (S): Prime and paint chair rail in two offices. Patch drywall where conduit was removed. Furnish & install two by two Lay in light fixture in hall. Re ballast arid re !,a. mp 3 existing fixtures. JUSTIFICATION FOR CHANGE (S): Owner Requested PARTIES CONTACTED REGARDING THE CHANGE: Robert Fuentes, Jack Croqnale, Jean Men'itt. IMPLEMENTATION STEPS (Verify each before proceeding with change using Y, N or N/A) Y Proposed change is consistent with the scope of the existing agreement Y Proposed change is in fact an addition or deletion to the existing scope Y Change is being implemented in a manner consistent with the existing agreement Y The appropriate parties have been consulted regarding the change Y Proposed pdces, fees and costs set forth in the change are reasonable PROJECT MAN.~G~/~ RECOMMENDATION: APPROVE: DISAPPR/~: COMME 'I~S: Date: Date: REVISED 9/9/03 AGENQA L~EH DEC 1 6 2003 CONTRACT MODIFICATION CHECKLIST FORM PROJECT NAME: John's Street Intersection Improvements PROJECT #: 66065 BID/RFP #: 02-3327 MOD #: I AMOUNT OF THIS CHANGE $ 2477.51 PO #: 4500012620 Work Order #: APC-FT-03-02 CONTRACT AMOUNT: ORIGINAL $ 58,054.00 CURRENT $60,531.51 (STARTING POINT) (INCLUDING THIS CHANGE ORDER) Last BCC Approved Amount $ N/A (LAST TOTAL AMT. REQUIRING BCC APPROVAL) Date of Last BCC Approval N/A Agenda Item # __N/A Percentage of the change over/under current contract amount 4% Formula: (Current Amount / Last BCC approved amount)-1 Results and Actions: If the change exceeds 10% BCC approval is required; under 10% reported to BCC on Purchasing report. CURRENT COMPLETION DATE (S): ORIGINAL: 10-15-03 CURRENT: 10-15-03 SUMMARY OF PROPOSED CHANGE (S): The purpose of this chanqe order is to add to the work order amount for additional work necessary to match existinq conditions. JUSTIFICATION FOR CHANGE (S): Due to chanqes in the existinq conditions after the desi.qn phase, additional work was necessary to provide a safe intersection. PARTIES CONTACTED REGARDING THE CHANGE: APAC-Southeast, Inc., En.qineerin.q and Construction Manaqement Department, Water Utilities Department Transportation IMPLEMENTATION STEPS (Verify each before proceeding with change using Y, N or N/A) '¢' Proposed change is consistent with the scope of the existing agreement ~ Proposed change is in fact an addition or deletion to the existing scope ~__ Change is being implemented in a manner consistent with the existing agreement Y~ The appropriate parties have been consulted regarding the change ~ Proposed prices, fees and costs set forth in the change are reasonable PROJECT MANAGER RECOMMEI~iDATI~N: APPROVE: ~ ¢_~,~J¢ -¢~/,~/:~-¥~" Date: DISAPPROVE: Date: COMMENTS: '- Revised 8/22/03 No. /L~-O ~ DEC 1 6 2003 11/11/03 Collier County Government Transportation Operations Dept. 2705 Horseshoe Drive Naples, Florida 34104 Attn: Daniel G. Hall (eng. 1) Re: John Street Improvements Dan Please find listed below the Items that need to be adjusted for the final papetTvork of this proj ec t. 3. SILT FENCE (320 LF) ~ $ 1.50 $ ( 480.00) 6. EMBANKMENT 60 CY ~ $ 43.95 $ 2637.00 11. MISC. ASP]q(~ t.52 TN @ $ 268.00 $ 407.36 21. SODDING 34 SY @ S 2.65 $ 90.10 23. RPM'S i0~ EA ~ S 5.25 $ (47.25) 25. REMOVE EXIST LINES ~It LS ~ S 157.50 $ (157.50) 26. 6" SOL TRAF STRIPE (WH) (10) LF @ $ .80 $ (8.00) 27. 12" SOLTtL&F STRIPE {ii Lb- @ $ 2.10 $ (2.10) 28. 24" SOL TRAF STRIPE !0 LF @ S 3.15 $ 31.50 29. 6" SOL TRAF STRIPE (YEL) 8 LF ~ $ .80 $ 6.40 If you should Sincerely TOTAL FOR CO# I (FINAL) $ 2,47Z51 further questions please feel free to call at any time. APAC - Southeast, Inc' Southern Florida Div. James H. Stem Projec[ Nlanager AGEt40A DEC 1 G 2003 i!l~ .......................... 0 0 0 ol 0 u 0 D co pg. CONTRACT MODIFICATION CHECKLIST FORM PROJECT NAME: Immokalee Road, Phase I & II PROJECT#: 60018 BID/RFP #: 03-3462 MOD #: No. 1 AMOUNT OF THIS CHANGE $ 7,000.00 PO #: 4500013045 Work Order #: RWA-PL-2003-1-A1 CONTRACT AMOUNT: ORIGINAL $17,525.00 CURRENT $24,525.00 (STARTING POINT) (INCLUDING THIS CHANGE ORDER) Last BCC Approved Amount $ (LAST TOTAL AMT. REQUIRING BCC APPROVAL) Date of Last BCC Approval June 24, 2003 Agenda Item # 16B (7) Percentage of the change over/under current contract amount 39.94 % Formula: (Current Amount / Last BCC approved amount)-1 Results and Actions: If the change exceeds 10% BCC approval is required; under 10% reported to BCC on Purchasing report. CURRENT COMPLETION DATE (S): ORIGINAL: N/A CURRENT: N/A SUMMARY OF PROPOSED CHANGE (S): General Consultation, research & analysis related to Collier County ROW takinq and eminent dom case(s) for various parcels adjacent to Immokalee Road (Phase I & II). Includes: research & analysis of allowable uses, site visits: LDC/GMP analysis; preparation of correspondence, reports as necessary; meetinq with County staff as necessary. Expert Testimony - Includes: Meetinq with County staff and other consultants to review reports and prepare for testimony, whether in mediation, hearin.qs, or other court proceedinqs. JUSTIFICATION FOR CHANGE (S): The increase in the contract amount is necessary to fund additional work to be completed by RWA, Inc. on the Immokalee Road Project, Phases I & II (Project No. 60018). The additional work to be performed is consistent with the scope and description contained in the oriqinal contract. PARTIES CONTACTED REGARDING THE CHANGE: Bob Mulhere, AICP, RWA, Inc.; Lisa Taylor, Mana.qementJBud.qet Analyst, Trans/Admin.; Heidi F. Ashton, Assistant County Attorney; Ellen T. Chadwell, Assistant County Attorney. IMP/LEMENTATION STEPS (Verify each before proceeding with change using Y, N or N/A) .~' Proposed change is consistent with the scope of the existing agreement 'A/ Proposed change is in fact an addition or deletion to the existing scope /~ Change is being implemented in a manner consistent with the existing agreement The appropriate parties have been consulted regarding the change Proposed prices, fees and costs set forth in the change are reasonable PROJECT MANAGER RECOMMENDATION: APPROVE: Date: DISAPPROVE: Date: COMMENTS: Revised 8/22/03 AGENDA DE(: 1 6 2003 E 0 o 0 o 0 o o 0 o o 0 u~ DEC 1 6 2003 UO~ U ol C E o 0 m o o o U o u r~ ti_ o 0 x © u Z E o o ~3 ~ 0 LL o '1:3 0 × 0 0 ~J U c o o O0 0 0 'q' o-~ >~ o~ ~E~ · . ~ ~ '~1~o BEC OI ~ ': ~ 0 CD DEC ~ zoo~f CONTRACT MODIFICATION CHECKLIST FORM PROJECT NAME: Collier County Fleet Facility PROJECT #: 52009 BID/RFP #: 02-3422MOD #: 5 AMOUNT OF THIS CHANGE $-2,500.00 PO #: 4500016851 Work Order #: CONTRACT AMOUNT: ORIGINAL $ _5000,000.00 CURRENT (STARTING POINT) (INCLUDING THIS CHANGE ORDER) Last BCC Approved Amount $5000,000.00 (LAST TOTAL AMT. REQUIRING BCC APPROVAL) Date of Last BCC Approval2/25/03 Agenda Item # 16-E-3 Percentage of the change over/under current contract amount % Formula: (Current Amount / Last BCC approved amount)-1 Results and Actions: If the change exceeds 10% BCC approval is required; under 10% reported to BCC on Purchasing report. CURRENT COMPLETION DATE (S): ORIGINAL: 1/1/05 CURRENT: 1/1/05 SUMMARY OF PROPOSED CHANGE (S): This is to void Chanqe Order # 3 as the services were deemed to be un-necessary due to a poor findin.qs related to wetlands. JUSTIFICATION FOR CHANGE (S): Services not needed. PARTIES CONTACTED REGARDING THE CHANGE: Len Price, Skip Camp, Jack CroRnale IMPLEMENTATION STEPS (Verify each before proceeding with change using Y, N or N/A) YesProposed change is consistent with the scope of the existing agreement Yes Proposed change is in fact an addition or deletion to the existing scope Yes Change is being implemented in a manner consistent with the existing agreement Yes The appropriate parties have been consulted regarding the change Yes Proposed prices, fees and costs set forth in the change are reasonable APPROVE: ..~,/~ Date: ///~ --~ DISAPP ROV/~./ / Date: COMMENTS: REVISED 9/9/03 AGE A DEC 1 6 2003 CONTRACT MODIFICATION CHECKLIST FORM PROJECT NAME: Livingston Road III PROJECT #: 62071 BID/RFP #: (02-3413) MOD#: 10 AMOUNT OF THIS CHANGE $__87,128.68 PO #: __.207487 CONTRACT AMOUNT: ORIGINAL $ _18,899,386.08 CURRENT $ 19,64,7299.45 (STARTING POINT) (INCLUDING THIS CHANGE ORDER) Last BCC Approved Amount $ .. !9,189,590.24 (LAST TOTAL AMT. REQUIRING BCC APPROVAL) Date of Last BCC Approval_April 22,2003 Agenda Item # 16B2 Percentage of the change over/under current contract amount 2.4 % Formula: (Current Amount / Last BCC approved amount)-1 Results and Actions: If the change exceeds 10% BCC approval is required; under 10% reported to BCC on Purchasing report. CURRENT COMPLETION DATE (S): ORIGINAL: November 30,2004 CURRENT: November 30,2004 SUMMARY OF PROPOSED CHANGE (S): Add Opticom cable at all intersections for future pre-emtiw emerqency si.qnalization capabilities, add internally illuminated U-turn si.qns, Add Video detection equipme~ at all intersections in lieu of traffic loop system, adjust conduit type and quantities for street crossinqs JUSTIFICATION FOR CHANGE (S): All additional siqnal and sicln changes were requested n ordered by the traffic operations department. The chanqe in conduit type is a cost savings to tl- county by usin.q onlv what is required and deletinq non required conduit PARTIES CONTACTED REGARDING THE CHANGE: En.qineedn.q, Better Roads Inc. Collier County Traffic Operations, Air IMPLEMENTATION STEPS (Verify each before proceeding with change using Y, N or N/A) _x_ Proposed change is consistent with the scope of the existing agreement x Proposed change is in fact an addition or deletion to the existing scope x Change is being implemented in a manner consistent with the existing agreement x The appropriate parties have been consulted regarding the change x Proposed prices, fees and costs set forth in the change are reasonable PROJECT MANAGER REC~ATION: APPROVE: ~'-~ Date: DISAPPROVE: Date: COMMENTS: Revised 8/22/03 CONTRACT MODIFICATION CHECKLIST FORM PROJECT NAME: Community Development Services Additional & Garage BID/RFP #: 00-3064 MOD #: 5__AMOUNT OF THIS CHANGE $1,184.00 PROJECT #: O PO #: 4500016724 Work Order #: CONTRACT AMOUNT: ORIGINAL $ 6,049,635.00 CURRENT 6,232,375.59 (STARTING POINT) (INCLUDING THIS CHANGE ORDER) Last BCC Approved Amount $6,049,635.00 (LAST TOTAL AMT. REQUIRING BCC APPROVAL) Date of Last BCC Approval Agenda Item August 1,2000 16 E 13 Percentage of the change over/under current contract amount 3.2% Formula: (Current AmoUnt / Last BCC approved amount) Results and Actions: If the change exceeds 10% BCC approval is required; under 10% reported to BCC on Purchasing report. CURRENT COMPLETION DATE (S): ORIGINAL: 10131103 CURRENT: 11/07/04 Substantial Completed SUMMARY OF PROPOSED CHANGE (S): Various Credits and additions for revised Roof Drain & Structural Details at Parkinq Gara.qe and revised door frames. JUSTIFICATION FOR CHANGE (S): PARTIES CONTACTED REGARDING THE CHANGE: Skip Camp and Jack Crognale. IMPLEMENTATION STEPS (Verify each before proceeding with change using Y, N or N/A) Y Proposed change is consistent with the scope of the existing agreement Y Proposed change is in fact an addition or deletion to the existing scope Y Change is being implemented in a manner consistent with the existing agreement Y The appropriate parties have been consulted regarding the change Y Proposed prices, fees and costs set forth in the change are reasonable PROJECT MA/NA~ _C~_R RECOMMENDATION: APPROVE:--/ ~/'~ DISAPP~E: / COMMdENTS: Date: Date: REVISED 9/9/03 DEC ? 6 20O3 FO: ORDER 5MENT G701 Collier County Development Services Building Addition & Parking Garage 2800 North Horseshoe Drive Naples Florida 34104 Kraft Construction Co., Inc. 2606 South Horseshoe Drive Naples Florida 34104 DISTRIBUTION TO: Owner: Architect: Contractor: Field: Other: CI'L&NGE ORDER NUMBER: Five (05) INITIATION DATE: October 20, 2003 ARCHITECT'S PROJECT NO.: CONTRACT DATE: August 14, 2002 CONTRACT FOR: New Construction You are directed to make the following changes in this Contract: Adjust Contract Amount to Include the Following Approved Pending Change Requests (PCR's): PCR # 010-15 PCR # 010-30 PCR# 010-33 PCR# 010-34 PCR # 010-40 Credit Balance o£Allox~ ,t:icc :bt Ceiling Mount Projectors Revised Roof Drain & Str"~ct",ra! Details at Parking Garage Credit for Toilet Partition Changes ASI #12 (BA) - Revise Framing & HM Door Frames Credit for Chilled Water Piping Insulation Change (235.00) 3,776.00 (2,471.00) 1,314.00 (1,200.00) Total Add: $1,184.00 Not valid until signed by both the Owner and Architect. Signature of the Contractor indicates his am'eement herewith including an',' adius?.~:cnts in Contract Sum or Contract Time. The Original Guaranteed Maxim, .vas: Net Change by previously authorized Ch,rage Orders (1-4): .......................................................................... $ The Guaranteed Maximum Cost prior to this Change Order was: .................................................................$ The Guaranteed Maximum Cost will be increased by this Chan~e Order: ..................................................... $ The ne~ Guaranteed Maximum Cost mcludin~ this Chan~e Or'er ',' Fhe Contract time will be unchanged. The Date of Substantial Completion as oft. he date of this Chanze ~ )rder therefore is unchanged. 6,049',635.00 181,556.59 6,231,191.59 1,184.00 6,232,375.59 ARCHITECT. Barany, Sch~'}t, summers, Weaver 5185 Castdlo Drive, Suite 4 Nap le ~5-~ ~]~/~~ MA DOCUMENT G701 - CHANGE ORDER Tk~zz -%MEPdCAN INSTITUTE OF ARCN~ITECTS, 1715 NEW YORK &¥ E N%V W AS,' ING iGN D.C CONTRACTOR: OWNER: Kraft Construction Company, Inc. Collier County Government 2606 S. Horseshoe Drive Naples Fl°!2da'~104 ,e /.,,~/ 3301E. Tamiami Trail, Bldg. W Naples FL/3~ 112 B obert G. Schubr,nu, VP Constructio~ /5"~ -- 4 Date: October 20, 200f ,/ ,~.~: /4~/44,"5'~[ O701-1978 I CONTRACT MODIFICATION CHECKLIST FORM PROJECT NAME: Community De~,elopment Services Additional & Garage PROJECT #: BID/RFP #: 00-3064 MOD #: 6 AMOUNT OF THIS CHANGE $(8,279.91) 0 PO #: 4500016724 Work Order #: CONTRACT AMOUNT: ORIGINAL $ 6,049,635.00 CURRENT 6,224,095.68 (STARTING POINT) (INCLUDING THIS CHANGE ORDER) Last BCC Approved Amount $6,049,635.00 (LAST TOTAL AMT. REQUIRING BCC APPROVAL) Date of Last BCC Approval Agenda Item August 1,2002 16-E-13 ~,~ Percentage of the change over/under current contract amount '3.'7'.'2% ~,,~'~ -~ Formula: (Current AmoUnt / Last BCC approved amount) Results and Actions: If the change exceeds 10% BCC approval is required; under 10% reported to BCC on Purchasing report. CURRENT COMPLETION DATE (S): ORIGINAL: 10131103 CURRENT: 11107104 Substantial Completed SUMMARY OF PROPOSED CHANGE (S): Various Credits to owner and addition for paintin.q Elevator Shaft JUSTIFICATION FOR CHANGE (S): Credits due owner and painting requested by owner. PARTIES CONTACTED REGARDING THE CHANGE: Skip Camp. S, and Jack Cro.qnale, IMPLEMENTATION STEPS (Verify each before proceeding with change using Y, N or N/A) Y Proposed change is consistent with the scope of the existing agreement Y Proposed change is in fact an addition or deletion to the existing scope Y Change is being implemented in a manner consistent with the existing agreement Y The appropriate parties have been consulted regarding the change Y Proposed prices, fees and costs set forth in the change are reasonable PROJECT MANAGER R~COMMENDATION: APPROVE: ,~ COMMEN~T~: Date: Date: REVISED 9/9/03 DEC 1 6 200 .-tNGE ORDER I)O('[' N I E N 1' (,,;'"()1 ('oilier County Development Services Buiidin~ Addition & Parkino~ (;ara~e 2S<x) North ~tor~c~hoc [')ri', c Naples }:}onda 34104 Krafl Construction C'o.. inc. Six {06) October 20. 2003 August 14. 2002 ('('~N iRAt'I } New Construction You arc directed io make the foll(min~ changes in this Contract: !. 136 !2.376,.31) ( l'olal l)cduct: S(8.279.91) Thc G'.mr:mtccd M:lxinlum Co5[ pi x); R', ihh ('ha:':2c ~)l t.'~ ,,xas 5 I'hc tSuar:mtccd Maximum ('os~ xsii[ be ,tcc:-c:i>~'d b'. :his ( h:m~c ();dcr S 6.232,3-5 59 (5.2799!~ CONTRACT MODIFICATION CHECKLIST FORM PROJECT NAME: Community DeVelopment Services Additional & Garage PROJECT #: BID/RFP#: 00-3064MOD#:7 AMOUNT OF THIS CHANGE $8,153.14 0 PO #: 4500016724 Work Order #: CURRENT 6,232,248.82 (INCLUDING THIS CHANGE ORDER) CONTRACT AMOUNT: ORIGINAL $ 6,049,635.00 (STARTING POINT) Last BCC Approved Amount $6,049,635.00 (LAST TOTAL AMT. REQUIRING BCC APPROVAL) Date of Last BCC Approval Agenda Item August 1,2000 16 E 13 Percentage of the change over/under current contract amount 3.2% Formula: (Current Amount / Last BCC approved amount) Results and Actions: If the change exceeds 10% BCC approval is required: under 10% reposed to BCC on Purchasing report. CURRENT COMPLET!ON DATE (S): ORIGINAL: 10t31/03 CURRENT: 11/07/04 Substantial Completed SUMMARY OF PROPOSED CHANGE (S): Credit for vinyl Covering on folding partitions, Seal tops of Shear walls, pavement topping east parking lot, add cables for TV at three additional offices, 15 fire sprinkler heads. JUSTIFICATION FOR CHANGE (S): Owner requested changes. PARTIES CONTACTED REGARDING THE CHANGE: Skip Camp and Jack Crocnale. IMPLEMENTATION STEPS (Verify each before proceeding with change using Y, N or N/A) Y Proposed change is consistent with the scope of the existing agreement Y Proposed change is in fact an addition or deletion to the existing scope Y Change is being im, pternented in a manner consistent with the existing agreement Y The appropriate pa~ies have been consulted regarding the change Y Proposed prices, fees and costs set lorth in the change are reasonable Date: Date: PROJECT MANAG,.E~ RE/C/0MMENDAT1ON: APPROVE: DISAPPROVE;, .... / / / / COMMENTS:/' REVISED 9,903 ORDER Collier (N~t~x l)¢x elopmenl Services l~uildin~ Addition & Parkin~ G:~ra~e 'q~' North Hor~cshoc[)~-~;c ~<~U~ics Flor~& 341()4 Fie!d: Seven (07) October 20, 2003 Augusl 14. '~ (' i)Ni~RA(' I [ New Construction X,'ou ;ire directed {o m:~ke the foiloxving cha~gcs in this Contract: 9 ] {! 3,225.00 1 4.431.!4 Total Add: ~8.153.14 l 74,400.68 (;.124.095.05 8.153 14 ',,.252.245 F2 CONTRACT MODIFICATION CHECKLIST FORM PROJECT NAME: Community Development Services Additional & Garaqe PROJECT"- BID/RFP #: 00-3064 MOD #: 8 AMOUNT OF THIS CHANGE $(19,652.81) PO#:4500016724 Work Order#: CONTRACT AMOUNT: ORIGINAL $ 6,049,635.00 (STARTING POINT) Last BCC Approved Amount $6,049,635,00 (LAST TOTAL AMT. REQUIRING GCC APPROVAL) CURRENT 6,212,596.01 (INCLUDING THIS CHANGE ORDER) Date of Last GCC Approval Agenda Item August 1,2000 16 E 13 Percentage of the change over/under current contract amount 2.6% Formula: (Current Amount'/Last BCC approved amount) Results and Actions: If the change exceeds 10% BCC approval is required; under 10% reported to BCC on Purchasing report. CURRENT COMPLETION DATE (S): ORIGINAL: 10131103 CURRENT: 11/07104 Substantial Completed SUMMARY OF PROPOSED CHANGE(S)' Relocate Cabinet work per Ed Pericoand add water supply to Chiller enclosure and credits due owner. JUSTIFICATION FOR CHANGE(S): Owner requested changes and credits were due owner. PARTIES CONTACTED REGARDING THE CHANGE: Skip Camp and Jack Croanale, IMPLEMENTATION STEPS (Verify each before proceeding with change using Y, N or N/A) Y Proposed change is consistent with the scope of the existing agreement Y Proposed change is in fact an addition or deletion to the existing scope Y Change is being implemented in a manner consistent with the existing agreement Y The appropriate pa~ies have been consulted regarding the change Y Proposed prices, fees and costs set forth in the change are reasonable PROJECT MANA(~ER?~ECOMM EN DAT1ON' APPROVE: ~L ~ ~ ~'.~.~.~---~;~ DISAPPROVE/ /'- COMMEN7 Date: Date: REVISED 9 g,i)3 ORDER .dENI G'701 Collier Couniv Dexelopment Serxices Building Addition & Parking Garage 2~00 North [~ore:'~hoc Dri~c Naples Florida ;'~ Kraft Construction ('o.. Inc. 2(i()6 South }{,)r:-;es, hoc D:ive N::,pics Florida..-,-.'-' ~ (~4 Eight (08} . October 20, 2003 \!2.( 'l ii I'[ (' i 'S PR()J[~(' l AIl~tlfit 14. 2002 FOR: Ne,,',' Construction ~ ou are directed to make thc follo~vino~ chan~es in this Contract: :\dlt.15!. ('oI:tracl A!uoun! 1o I!]c'1~,i-, iI~.-.,, [:ollov, in:_ .-\,',.t [,, o',',' ct! Pcndir_.u,~ ('han~c~ Rcducsts { [)('R'~)'~. Rclocme Cabinci Work Per Ed Pcrico ' ' I x. Vz:cr S:~pp!5 to Chiller Enc!,:,sure 655.00 14.530.OO) 1.415.10 Total Deduct: $(t9.652.81) 1S2.613.82 0.232.24S.S2 (i9.65Z81} o.2i2.59601 /q CONTRACT MODIFICATION CHECKLIST FORM PROJECT NAME: Community Development Services Additional & Garaqe PROJECT #' O BID/RFP#: 00-3064MOD#: 9 AMOUNT OF THIS CHANGE $11,247.93 PO#:4500016724 Work Order#: ~ CONTRACT AMOUNT: ORIGINALS6,049,635.00 CURRENT6,2~3,843.94 (STARTING POINT) (INCLUDING THIS CHANGE ORDER) Last BCC Approved Amount $6049.635.00 (LAST TOTAL AMT. REQUIRING BCC APPROVAL) Date of Last BCCApprovatAgendaltem August !,2000 16 E 13 Percentage of the chaqge over/under current contract amount 2-,,8.°/. Formula: (Current Amount ? Last BCC approved amount'! Results and Actions: If the change exceeds 10% BCC approval is required; under 10% reported to BCC on Purchasing repo~. CURRENT COMPLETION DATE tS): ORIGINAL: 10/31/03 CURRENT: 1t/07/04 Substantial Completed SUMMARY OF PROPOSED CHANGE tS)' Change gates from Alu(ab to Sunmaster, added electric and telephones for work stations, drainage revision L~ S. Horseshoe and credit for gate hardware. JUSTIFICATION FOR CHANGE(S): Owner requested changes and credit that was due owner. PARTIES CONTACTED REGARDING THE CHANGE: Skid Camo and Jack Crocnaie. IMPLEMENTATION STEPS (Verify each before proceeding with change using Y, N or N/A) Y Proposed change is consistent with the scope of the existing agreement Y Proposed change is ~n fact an addition or deletion to the existing scope Change is being implemented in a manner consistent with the existing agreement t" The appropriate pa~ies have been consulted regarding the change Y Proposed prices, fees and costs set, fofih in the change are reasonable PROJECT MAN/t~,GER RECOMMENDATION: APPROVE' DISAPPROVE;,/' Date: Date: ,RDER , q' G?01 (?oilier Count)' Developmenl Services Building Addition & Parking Garage 2800 N'orfi~ }torscshoe Drive :,,pies Florida 34i 04 Kraft Construction Co.. Inc. 26(i6 South Horseshoe Drive Naples Florida 34104 Other: Nine (09) tON DA Oclober 20. 2003 AP,(THITECT'S PRO.?F("I CONTR:\(7'I D:VFL: August 14, 2002 CON'I'R:': ('T l: ()R: New Construction You are directed to make the following changes in this Contract: Adiust Contract Amount to Include the Fotlox~ ing Approved Pending ( PCR¢ 010-62 PCR ~ r}1()-63 PCR 2 !I10-<;5 PCR :: 010-66 Change Gates fi'om Aluf'ab to Sunmaster Credit Ga~es Hardware ,Allowance Added Electric ~ Telephones For Work Stations RFI ::1(}5 Drainage Revisions '.~i S. l!orscshoe RUt = 1 i 0 - Lox~cr Yard Drain t 1.537.90 (3,134,00) 1,344.03 1 ,O20.00 Total Add: S11,247.93 The Original G-uarantt-cd Maxmmm Cos! was: ......................................................................... Nc~ Change b} prcv~ousl5 aut}mrized Change ()rdcrs { ! -~ ~: ................................................................ The Guaranteed Maxmmm Cost pr;or v~ flus Chance Order was: ..................... The { ktaranteed Maxinmm Cost xki~l be increased by this Chang~ Order: I'hc new Guaraniccd Maximun2 ('oM including this Charmc C,r,,c, will be: The (7omracl nme will be unchanged. f-he Date of Substantiai Completion as of d~c date of this Change Chder therefore is unchanged 6.049.635 O0 162.96I OI 6.21 11.24-' c~3 6,223.~z3 94 CONTRACT MODIFICATION CHECKLIST FORM PROJECT NAME: Community Development Services Additional & Garaqe PROJECT BID/RFP#: 00-3064 MOD#: 10 AMOUNT OF THIS CHANGE $2,545.00 PO #: 4500016724 Work Order #: CONTRACT AMOUNT: ORIGINAL $ 6,049,635.00 CURRENT 6,226,388.94 (STARTING POINT) (INCLUDING THIS CHANGE ORDER Last BCC Approved Amount $6,049,635.00 (LAST TOTAL AMT, REQUIRING BCC APPROVAL) Date of Last BCC Approval Agenda Item August 1~2000 16 E 13 Percentage of the char)ge over/under current contract amount 2.9% ~,- ~ ~'(';~ Formula: (Current Amount / Last BCC approved amount) Results and Actions: If the change exceeds 10% BCC approval is required; under 10% reported to BCC on Purchasing report. CURRENT COMPLETION DATE (S): ORIGINAL: 10t31103 CURRENT: 11/07104 Substantial Completed SUMMARY OF PROPOSED CHANGE (S): Credit from fire panel renovation, Dialer upgrade, hookup for added furniture, add power to fire alarm bells and relocate Security Cameras. JUSTIFICATION FOR CHANGE (S): Fire Marshall required dialer to be upgrader, owner requested changes and credit due owner. PARTIES CONTACTED REGARDING THE CHANGE: Skip Camp and Jack Croqna!e. IMPLEMENTATION STEPS (Verify each before proceeding with change using Y, N or N/A) Y Proposed change is consistent with the scope of the existing agreement Y Proposed change is in fact an addition or deletion to the existing scope Change is being implemented in a manner consistent with the existing agreement Y The appropriate parties have been consulted regarding the change Y Proposed prices, fees and costs set forth in the change are reasonable PROJECT MAN,~EF RECOMMENDATION' D l S,--',P PRC): COMMEN~TS: Date: Date: ANGE ORDER DOCUMENT (;7(}I PR(~J ECT' Collier County Developmen! Services Building Addition & Parking Gara2e 2500 North Horseshoe Drixc Naples Fkn-ida 34104 Kraft Construction Co.. Inc. 2606 South Horseshoe Drive N,pms Florida 32 104 Field: Other: Ten (I O) [NITI.,\TI( )N October 20. 2003 CC;NI'JLAq'i I):\117' Augustl4,2002 ('()NTF,:~CT New Construction You are directed to ~nake the foilo~ving changes in this Contract: ,Adjust Contract Amount to Include the Folloxx in~ Approved Pendin~ ('h:m~e_ ~,:,,cquc>ts~ (PCR's): PCR ~ 0!0-69 PCRS 010-V0 PCR :: 010-73 PCR g 0i0-74 PCR :: 010-75 Jol'mson Controls' Dialer Upgrade Existing Bldg. Fire Panel Renovation Hook Lip Added Furniture Add Po~.ver to Fire .-\lann Bells Relocate Securit5 ('amcras 1,490,00 (3,432.00~ 1,692.88 S87.69 t .9(i6.43 Total Add: S2,545.00 Thc Original Gua::antced X' , ' _ ................................. , ~aXIIIIHHi (_'esl Was' . .......................................... ~ Net Change by prcvious!y authorized Change Orders ( l-O l: 5 The Gunrameed Maxinmm Cos~ prior to this Change Order was: ......................................................... 5 Fhc Guarant¢cd M.x ...... n ('est will bc increased by this Chan~c Order: ...................... ~ Fhc n~x~ Guaramccd Maxmmm Cost mc!udins this Change Order will be: S Fhc Contract time wdl bc ~,:r",',~,.~r. gcu.,~ '~ i'hc Da{c of Substamia) Compk'tion as of t[~¢ da~c of ~his Changc Ordcr thcrcforc ,~ unchan~ud 0.049,635.00 174,208.94 6,223,$43.94 2,545.0O 6.226.35S.94 ('C) NTR:\C-['()R Kraf',: (7onstnict~on Company, Ina. 2606 S. ~-' Robcrl G Schubrinz, VP C'onsn-uc~on [')a,~' October 20, ()\VN[:R: .... !, ~ {)",'C I / ~ / - ~ AGENOA, ,,,,/' , '! D~ ~ r L ~ I U PROJECT NAME: Naples Jail BID/RFP #:9~.-2829 MOD #: 3 CONTRACT MODIFICATION CHECKLIST FORM PROJECT #: 52008 AMOUNT OF THIS CHANGE $(2,217,680.00) PO #: 4500012306 Work Order#: CONTRACT AMOUNT: ORIGINAL $ 34,402176.00 CURRENT $27,337,797.50 (STARTING POINT) (INCLUDING THIS CHANGE ORDER) Last BCC Approved Amount ~,~ .... , ~.~ ,/ (LAST TOTAL AMT. REQUIRING BCC APPROVAL) Date of Last BCC Approval9/9/03 Agenda Item # 16 F 1 Percentage of the chun, ge over/under current contract amount '~q;~% -- g, (~ z~'?~, '~i([l~ Formula: (Current Amount / Last BCC approved amount)-1 Results and Actions: If the change exceeds 10% BCC approval is required; under 10% reported to BCC on Purchasing report. CURRENT COMPLETION DATE (S): ORIGINAL: 6/13/05 CURRENT: 6/13/05 SUMMARY OF PROPOSED CHANGE (S): Direct Material Purchase JUSTIFICATION FOR CHANGE {S)' Tax Savings PARTIES CONTACTED REGARDING THE CHANGE: Skip Camp, Jack Cro.qnale & Steve Carnell IMPLEMENTATION STEPS (Verify each before proceeding with change using Y, N or N/A) Y Proposed change is consistent with the scope of the existing agreement Y Proposed change is in fact an addition or deletion to the existing scope Y Change is being implemented in a manner consistent with the existing agreement Y The appropriate padies have been consulted regarding the change Y Proposed prices, fees and costs set forth in the change are reasonable PROJECT MAN/~GEI~ RECOMMENDATION' APPROVE: ./,/ /~.~_~ DISAPP R~V'E-/ / COMMEN:FS: Date: ////,~/~ ~ Date: REVISED 9/9/03 ,RI)ER .NT GT01 Owner: Architect: Contractor: Field: Other: KOJECT: TO: Naples Jail Center C-10-01260 3301 E. Tamiami Trail Naples FL 34112 Kraft Construction Co., Inc. 2606 South Horseshoe Drive Naples, Florida 34104 CHANGE ORDER NUMBER: Three (3) INITIATION DATE: November 6, 2003 ARCHITECT'S PROJECT NO.: 9819-004 CONTIL&CT DATE: January 12, 1999 CONTRACT FOR: Expansion & Renovation of the Naples Jail Center, Chiller Plant Expansion & S-Story Parking Garage You are directed to make the following changes in this Contract: Credit for Material and Use Tax for Precast Concrete at Parking Garage to be Purchased Directly by the Owner per the Attached Purchase Order Requisition Form. Coreslab Direct Material Purchase Order (2,153,690.00) Use Tax Credit for Fabrication per the State of Florida (63,990.00)__ Total Credit: (2,217,680.00) Not valid until si~qed by both the Owner and Architect. Signature of'~he Contractor indicates his agreement herewith, ncluding any adjustments in Contract Sum or Contract Time. The Original Guaranteed Maximmn Cost was: .................................................................... ' ..... $ $ Net Change by previously authorized Change Orders (I-2): ........................................................................... The Guaranteed Maximum Cost prior to this Change Order was: ........................................... ' .... $ The Guaranteed Maximum Cost will be decreased by this Change Order: ...................................... $ The new Guaranteed Maxunum Cost including this Change Order will be: .................................................... $ The Contract time ,,viii be unchanged by: (0) Days The Date of Substantial Completion as of the date of tiffs Change Order therefore is tmchanged. 34,402,176.00 (4,846,698.50) 29,555,477.50 (2,217,680.00) 27,337,797.50 ARCHITECT: CONTRACTOR: O~rNER: AEC National, Inc. Kraft Construction Company, Inc. Collier County Government 3301 E. Tam/ami Trail, Bldg. W .... th . " Suite 201 ?606 S HorseshoeDrive /~ luu> ~venue~., 7, , '~, .'.--~'~ /~ /7 // Na,qesFL~4112 THE KM=~CAN INSTITL~E OF ARCHITECTS, I 715 NE%k 5 PROJECT NAME: Naples Jail BID/RFP #:~),~-2829 MOD #: 4 CONTRACT MODIFICATION CHECKLIST FORM PROJECT #: 52008 AMOUNT OF THIS CHANGE $1,551.84 PO #: 4500012306 Work Order #: CONTRACT AMOUNT: ORIGINAL $ 34,402176.00 CURRENT $27,339,349.34 (STARTING POINT) (INCLUDING THIS CHANGE ORDER) Last BCC Approved Amount $34-~ ,-~q~ ~?'~///~ 7o -~,.~ (LAST TOTAL AMT. REQUIRING BCC APPROVAL) Date of Last BCC Approvalg/9/03 Agenda Item # 16 F 1 Percentage of the chun, ge over/under current contract amount Formula: (Current Amount / Last BCC approved amount)-1 Results and Actions: If the change exceeds 10% BCC approval is required; under 10% reported to BCC on Purchasing report. CURRENT COMPLETION DATE (S): ORIGINAL: 6/13/05 CURRENT: 6/13/05 SUMMARY OF PROPOSED CHANGE (S): PO Mod for Direct Material Purchase, to rcduce PO j-o JUSTIFICA'~ON FOR CHANGE (S): Revised pricing for Notix storage boxes. PARTIES CONTACTED REGARDING THE CHANGE: Skip Camp, Jack Croqnale & Steve Carnell IMPLEMENTATION STEPS (Verify each before proceeding with change using Y, N or N/A) Y Proposed change is consistent with the scope of the existing agreement Y Proposed change is in fact an addition or deletion to the existing scope Y Change is being implemented in a manner consistent with the existing agreement Y The appropriate parties have been consulted regarding the change Y Proposed prices, fees and costs set forth in the change are reasonable PROJECT MANA~ER I~J~COMMENDATION: APPROVE: /~ c/~ ~,._~,,~ Date: // COMMEN,CF/' ~.-'~,~¢~ CZf"z~.~.~'¢'~ ,~.~¢Z,0 .~0/~..~-¢~¢,~.,?'..z~.- REVISED 9/9/03 .. ORDER CUSIENT G701 D1STRJBUTI©N TO: O\vner: Architect: Contractor: Field: Other: /0 / PROJECT: TO: Naples Jail Center C-10-01260 3301 E. Tamiami 'Frail Naples FL 34112 Kraft Construction Co., Inc. 2606 South Horseshoe Drive Naples, Florida 34104 CHANGE ORDER NUMBER: Four (4) Dx'ITIATION DATE: November 6, 2003 ARCttlTECT'S PROJECT NO.: 9819-004 CONTRACT DATE: January 12, 1999 CONTILACT FOR: Expansion & Renovation of the Naples Jail Center, Chiller Plant Expansion & 5-Story Parking Garage You are directed to make the following changes in this Coutract: Reduce Direct Material PO #450014978 (Norix Group) Duc 1o Change in Storage Boxes Per Submittal Comments Direct Material Sales Tax 1,464.00 87.84 Total Add: $1,551.84 Not valid tmtil signed by both the Owner and :Mchitecr Signature of tl~e Contractor indicates his agreement hc~e~.tth, including any adjusm~ents m C'onlracl Sum o~ Conlract Time. Thc Original Guaranteed Maximum Cost was: .............................................................................................. $ Net Change by previously' authorized Change O~ ders (1-3): ........................................................................... $ The Guaranteed Maximum Cost prior to this Change Order was: ................................................................... $ The Guaranteed Maximum Cost will be increased by this Change Order: ............................ :. ....................... $ The new Guaranteed Maximum Cost including this Change Order x~itl be: .................................................... $ The Contract lime will be unchanged by: (0) Days The Date of Substantial Completion as of the date of this Change Order therefore is unchanged. 34,402,176.00 (7,064,378.50) 27,337,797.50 1,551.84 27,339,349.34 ,ARCHITECT: AEC National, Inc. 1100 5'h Avenue S., Suite 201 Naples FL 34102 CONTPO, CTOR: Kraft Construction Company, lac. 2606 S. [torsesh,gc Drive Robert G. Schub~m~. VP ' ~ Q oI~sltllcUon Date: November 6. 2003 / A1A DOCLg, IENTG701 - CHANGE ORDER q }HZ AMER1CAN INSI 1 I ~ 7I 15 O}~ A. RC~}ti [E{'I S. 1715 NEW YORK -\\ E X'A % :,53 ING OX:. D C (;701 1978 OWNER: Collier County Government 3301 E. Tamiami Trail, Bldg. W Naples FL 34112 CONTRACT MODIFICATION CHECKLIST FORM PROJECT #: 69110 OF THIS CHANGE $_3,25~.98.~ PROJECT NAME: Transfer Road Improvements_ BID/RFP #: 03-3453~MOD #: 01 AMOUNT PO #: _4500011095 Work Order #:_01 CONTRACT AMOUNT: ORIGINAL $ 580,945.70 CURRENT $_584,20~.68 (STARTING POINT)-- (INCLUDING THIS CHANGE ORDER) Last BCC Approved Amount $ 580,945.70_ (LAST TOTAL AMT. REQUIRING BCC APPROVAL) Date of Last BCC Approval__4/22/2003 Agenda Item # _16 B-4 Percentage of the change over/under current contract amount 0.56 % Formula: (Current Amount / Last BCC approved amount)-1 Results and Actions: If the change exceeds 10% BCC approval is required; under 10% reported to BCC on Purchasing report. CURRENT COMPLETION DATE (S): ORIGINAL: 12/03/2003 CURRENT: 1/24/2004 SUMMARY OF PROPOSED CHANGE (S): 1. Relocation of the irrigation system on Naples Airport property. 2. Abandment of the monitoring wells on N. side of Transfer Road. 3. Extension of the pipe culvert on Lot 8 4. Delete replacement of the pipe culvert on Lot 29 5. Extension of the contract time. JUSTIFICATION FOR CHANGE (S): The irrigation line and the monitoring wells are located in the proposed shoulder of the new roadway. The replacement of the existing pipe culvert on Lot 29 is not needed because of the new curbing design and the good condition of the storm water pipe. The extension of the pipe culvert on Lot 8 is necessary for safety reasons. The mitered end is located to close to the proposed pavement. Extension of the contract time is based on the waiting period to design the wing walls for box culvert .and additional time for the proposed changes. PARTIES CONTACTED REGARDING THE CHANGE: Robbie Powell, Better Roads, Inc. Gregg Strakaluse, Director TECMD, Lynn Thorpe, Principal Project Manager TECMD. IMPLEMENTATION STEPS (Verify each before proceeding with change using Y, N or N/A) _x_ Proposed change is consistent with the scope of the existing agreement x Proposed change is in fact an addition or deletion to the existing scope _x_ Change is being implemented in a manner consistent with the existing agreement x The appropriate parties have been consulted regarding the change x Proposed prices, fees and costs set forth in the change are reasonable PROJECT MAN__.A.GER RELATION: APPROVE: v/,c:~C DISAPPROVE: Date: Date: COMMENTS: Revised 8/22/03 CONTRACT MODIFICATION CHECKLIST FORM PROJECT NAME: Goodlette-Frank Road Wideninq PROJECT #: 60134 BID/RFP #: 02-3424 MOD #: 12 AMOUNT OF THIS CHANGE $146~789.83 PO #: 4500002260 Work Order #: N/A CONTRACT AMOUNT: ORIGINAL $ _12,495~051.66 CURRENT $ 13,118~913.78 (STARTING POINT) (INCLUDING THIS CHANGE ORDER) Last BCC Approved Amount $ 12,752,570.63 (LAST TOTAL AMT. REQUIRING BCC APPROVAL) Date of Last BCC Approval April 22, 2003 Agenda Item # 16 B 7 Percentage of the change over/under current contract amount 2.87 % Formula: (Current Amount / Last BCC approved amount)-1 Results and Actions: If the change exceeds 10% BCC approval is required; under 10% reported to BCC on Purchasing report. CURRENT COMPLETION DATE (S): ORIGINAL: October 21, 2004 CURRENT: November 15, 2004 SUMMARY OF PROPOSED CHANGE (S): The first 12 items listed under Roadway are draina.qe related items at various locations. The next three items are traffic siqnal items. The next 12 items are roadw;- li.qhtinq items. The next 11 items are Utility items. See attached spread sheet. JUSTIFICATION FOR CHANGE (S): The first 12 items listed under Roadway, the third item listed under Signals, and all 11 Utility items were necessary in order to resolve conflicts that were discovered durinU construction. The first two items under Siqnals were added at the request of Traffic Operations. The first tesl items under Roadway Lighting were added due to the revisions to the liqhtin~ plans which resulted in a net savin.qs to the County of over $12,000.00. The 11th item under Roadway Li.qhtinq was added to address th~ need to relocate 3 existincl liqht poles outside of the proposed sidewalk. The 12t" item under Roadway Li.qhtin.q was needed to avoid the potential of havin.q li.qht poles infrin.qincl over the Ri.qht of Way onto private:,. property along the Calusa Bay berm. See attached spread sheet and Summary. PARTIES CONTACTED REGARDING THE CHANGE: .Dennis Day and Tom Deer (PBS&J), Lynn Thorpe (TE&CM), Fred Sexton and Sandy Sridhar (PUED), Dick Billian and Mike Murphy ('Ajax Pavin.q), Douu Mclntyre and Jim Smith (Mid-Continent Electric), Dave Scafidi (Mitchell and Stark). IMPLEMENTATION STEPS (Verify each before proceeding with change using Y, N or N/A) Y. Proposed change is consistent with the scope of the existing agreement Y Proposed change is in fact an addition or deletion to the existing scope Y _ Change is being implemented in a manner consistent with the existing agreement Y The appropriate parties have been consulted regarding the change ~ Proposed prices, fees and costs set forth in the change are reasonable PROJECT MANAGER .RECOMMENDATION: APPROVE: John R. Conti Date: DISAPPROVE: Date: November 14, 2003 Revised 8/22/03 ,o. /t_r, . Change Order # 12 Summary ROADWAY 999-013 8" HD PLASTIC PIPE This pay item was established with a quantity of 60 LF, to replace an existing yard drain facility that was removed during the utility relocation of the existing 16" Force Main in fiont of the North Naples Fire Station located on Pine Ridge Road. Extra Work $1~628.52 Increase 999-014 YARD DRAIN This pay item was established with a quantity of 1.0 EA, to replace an existing yard drain facility that was removed during the utility relocation of the existing 16" Force Main in front of the North Naples Fire Station located on Pine Ridge Road. Extra Work $ 964.61 Increase 999-015 ALTERNATE DRAINAGE CONNECTION This pay item was established with a quantity of 2.0 EA, as a means of connecting the new drainage system into the existing 42" drainage pipe that runs along the North side of Pine Ridge Road. This construction method was employed as a means of reducing the cost that would have been incurred with placing a new structure on an existing lh~e. Construction Method Change ~4,820.74 Increase 999-0t6 BARRIER WALL (TEMP) (F&I) (STD) (CONCRI~TE wi LIGHTS) This pay' item was established with a quantity of 1500 LF, this item was necessity when the construction tnethodology ,,vas changed from precast structures for S 144 and S 128A to pour in place structures. The MOT plan provided in the construction plans had to be amended to allow for an open hole to be left over night. The barrier wall was erected to protect the traveling public fi.om the construction excavation area. Construction Method Change $ 23,925.00 Increase 999-017 EXPLORATION OF EXISTING UTILITIES ~1 CARlCA TANKS RD. & PINE RIDGE RD. This pay item was established with a quantity of 1.0 LS, as a means of paying the contractor to locate all uoderground utilities that were not shown in the pimps at both locations. PBS&J h~s provided time and material docmnentation as back up for the cost of performing this operaUon. Extra Work $ 5~087.12 Increase 999-018 MODIFY AN EXISTING STRUCTURE (~ STA. 508+60 This pay item was established with a quantity of 1.0 LS, as a means of paying the contractor to modify an existing structure that the plans showed not to conflict with the new 16" Force Main. This structure had to be modified to allow the new 16" Force Main to pass over the top. PBS&J has provided time and material documentation as back up for the cost of performing this operation. Extra Work $ 2~527.14 Increase 999-019 CAS'/ IN-PLACE P6 INLET TOP Tbis pay item was established with a quantity of 1.0 LS, as a means ofpayh~g the contractor to pour in place a P6 inlet top fnr S144. This was necessary when PBS&J had to direct the utility contractor to cast in-place the proposed S 144 conflict structure. The reason for this change was because the existing utility locations in the plans were not accnrate. Extra Work 5; !,838.70 Increase · 999-020 FURNISil & INSTALL SII6B (J-7 MH) This pay item was established with a quantity of 1.0 LS, as a means of paying the contractor to comaect the existing 24" overflow pipe from Car/ca Tanks not shown in the p!ans into the new drainage system on Goodlette-Frank Road.. Extra Work $ 2~223.51 Increase · 999-021 FURNISH & INSTALL SII7A (Junction Box) This pay item was established with a quantity of 1.0 LS, as a means of paying the contractor to modify the new drainage system on Goodlette-Frank Road to acconimodatc the plan change for the connection points of the new 16" & 24" Force Mains. Extra Work $ 2~812.49 Increase " 999-022 INSTALL A RISER ON S72 This pay item was established with a quantity of 1.0 LS, as a means of paying the contractor to modify S72 to capture the existing 36" RCP coming out of Autumn Woods Lake # 18 that was three feet lower than the elevation stated in the plans. Structure S72 was modified to accommodate this plan error. Plan Error $ 4~231.92 Increase 430-141-102 ELLIPTICAL RCP 14" X 23" This pay item was increased by 18 LF 1.0 LS, as a means of paying the contractor to connect the existing 24" overflow pipe from Carica Tanks, not shown in the plans, into the new drainage system on Goodlette-Frank Road. Extra work $ 758.16 Increase · 430-11-329 CONCRETE PIPE 24" This pay item was increased by 75 LF 1.0 LS, as a means of paying the con~ractor to connect the existing 24" overflow pipe from Carica Tanks, not shown in the plans, into the new drainage system on Goodlette-Frank Road. Extra work $ 3,057.00 Inet'ease · 425- - 2-71 MANHOLE J-7310' CEI team made a clerical error in reference to the previous plan qnantiW amount fur this item in Change Order # 10. This caused the revised contract amount to date to be offby $4,968.77. CEI Clerical Mistake $ 4,968.77 Increase SIGNALS AND COMMUNICATION 651-181-A LED COUNT DOWN PED This pay item was established with a quantity of 24.0 EA, after Collier County directed the contractor to upgrade the type of pedestrian signals originally called out in the construction plans. New Pay Item $ 21,901.58 Increase · 651-191 PEDESTRIN SIGNALS (LED, lWAY) This pay item was reduced by a quantity of 24.0 EA, after Collier County directed the contractor to upgrade the type of pedestrian signals originally called out in the construction plans to Count Down Signals. Construction Method Change $ (17,236.80) Decrease · 999-023 RELOCATION OF T}][E EXISTING PREEMPTION CONDUIT This pay item was established with a quantity of 1.0 LS, as a means of paying the contractor for relocating the existing preemption conduit that was in conflict with the widening of Pine Ridge Road. This preemption conduit allows the North Naples Fire Station to preempt the signals at Jaeger Road for access to East bound Pine Ridge. Extra work $ 2,331.81 Increase ROADWAY LIGHTING 555-1-1 DIRECTIONAL BORE LESS THAN 6" This pay item was established with a quantity of 1935 LF, after Mid ~ontinent Electric, inc. redesigned the existing lighting plang to give Collier County a more efficient lighting system for ttfis project. New Pay Item : $ 34.791.30 Increase DEC 16 20{13 ! · 620-1-1 GROUNDE'qG ELECTRODE This pay itetn increased by a quantity of 260 LF, after Mid ~Continent Electric, Inc. redesigned the existing lighting plans to give Collier County a more efficient lighting system for this project. Con~struction Method Change $ 1,053.00 Increase · 630-1-22 CONDUIT FURNISH (2 IN) This pay item was established with a quantity of 1935 LF, after Mid Continent Electric, Inc. redesigned the existing lighting plans to give Collier County a more efficient lighting system for this project. New Pay Item $ 2~399.40 Increase · 639-1-13 ELECTRICAL POWER SERVICES This pay item reduced by a quantity of 2_0 EA, after Mid -continent Electric, Inc. redesigned the existing lighting pla~s to give Collier County a more efficient lighting system for fl~is project. Construction Method Change $ (1~440.72) Decrease · 715-1-111 CONDUCTOR NO. 10 INSULATED This pay item reduced by a quantity of 124,106 LF, after Mid Continent Electric, Inc. redesigned the existing fighting plans to give Collier County a more efficient lighting system for this project. Cor~truction Method Change $ (47,160.28) Decrease · 715-1-113 CONDUCTOR NO- 6 INSULATED This pay item was established with a quantity of 79,500 LF, after Mid 42ontinent Electric, Inc. redesigned the existing lighting plans to give Collier County a more efficient fighting system for this project. New Pa3' [tern $ 58~766.31 Increase · 715-2-115 CONDUIT, UNDERGROUND 2" PVC ]/'his pay item was increased by a quantity of 955 LF, after Mid --Continent Electric, Inc. redesigned the existing lighting plans to give Collier County a more efficient lighting systetn for this project. Car,'true}ion Method Change _$ 2,215.60 Increase · 715-2-235 CONDUIT, UNDERGROUND This pa5' item reduced by a quantity of2082 LF, after Mid -~ontineot Electric, Inc. redesigned the existing lighting plans to give Collier County a more efficient lighting system for this project. Con3truction 3[elhod Change ~$ {40,369.98)_ Decrease · 715-%11 LOAD CENTER, SECONDARY VOLTAGE This pay item reduced by a quantity of 2.0 EA, after Mid ~ontinent Electric, h~c. redesigned the existing lighting plans to give Collier County a more efficient lighting system for this project. Canstruction Method Change $ (11,039.76'~ Decrease · 715-14-11 PULLBOX ROADSIDE This pay item reduced by a quantity of 102.0 EA, after Mid 42ontinent Electric, Inc. redesigned the existing lighting plans to give Collier County a more efficient lighting system for this project. Canstruction Method Change $ {17~956.08) Decrease ,, 999-024 RELOCATION OF THE EXISTING LIGHT POLES SOUTH OF PINE RIDGE This pay item was established with a quantity of 1.0 LS, as a means of paying the contractor for relocating three existing light poles South of Pine Ridge Road- The pole foundations were below the new fimshed grade fnr the top of the ditch and the existing conduit for these poles fell in the way of the widening for Goodlette-Frank in this area. Extra Work $ 5~546.04 Increase · 999-025 LIGItT POLE ANCHORS This pay item was established with a quantity of 14.0 EA, as a means of payillg the contractor for casting in place the foundations for the new light poles from station 500+00 it} 524+00 on the RT. Roadway. Th/s was necessary to resolve a conflict with the new utility lines Extra Work $ 2L040.08 Increase FM-I 16" FORCE MAIN (C905, PRI65, DR25) This pay item was decreased by a quantity of 360 LF, as a result ora utility design change involving the driveway crossLng located at Canca Tanks Road. The plan modificatinn was made necessa~' by thc munerous existing utilities not shown in the plans that were in conflict with the new force mains. Construction Method Change $ (9,892.8(I) Decrease FM-2 16" FORCE MAUN (C905, PR235, DRI8) This pay item was decreased by a quantity of 100 LF, as a result of a utility design change involving the driveway crossing located at Carica Taak~ Road. The plan modification was made necessary by the numerous existing u~ilities not shown in the pla.ns that were itl conflict with the new force mains. Construction Method Change $ (3~$35.00) Decrease FM-3 24" FORCE MAIN (C905, PR235, DR25) This pay item was decreased by a quantity of 600 LF, as a result of a utility design change h'lvolving the driveway crossing located at Cahca Tanks Road. The plan modification was made necessa~ by the numerous e~isting utilities not shown in the plans that were in conflict with the new force mains. Construction ~44ethod Change $ (37,740.00) Decrease FM-4 24" FORCE MAIN (C905,PR 235, DR 18) This pay item was decreased by a qnautity of 100 LF. as a result of a utility design change involving the driveway crossing located at Carica Tanks Road. The plan modification was made necessary by the nmnerous exfsting utilities not sho,,~n in the plans that were in conflict with the new force mains. Construction Method (_7tange $ (7,149.00) Decrease FM-II FORCE MAIN CONNECTION 16" This pay item was increased by 4.0 EA as a result of plan modifications to the existing 16" Force Main on Pine Ridge Road. These modifications were uecessmy to resolve conflicts with thc new drainage system. PBS&J added two connectinns that are required to connect the directional bore operation at the North Naples Fire Station. The DOR omitted two coimections tbat are required on tile plan diversion fi>r S144 that was moved to S146. Designer Error / Construction Method Change $48~816.00 Increase FM~I8 SEWER CONFLICT RESOULTION This pay item was decreased by a qnamity of .613 Ls, as a result o fa utilitv design change involving the driveway crossing located at Cafica Tanks Road. The plan r~odification was made necessary by the mwnerous existing utilities not shown in the plans that were in conflict with the new force mains. Construction ~l~[ethod Change $ {30,650.00) Decrease FM-19 AIR RELEASE VALVES This pay item was increased by a quantity of 1.0 EA, Per the Collier Count5, Utility Department Standard Specifications that require an air release valve be placed on the dov~ flow side of every force main dip constructed. The ARV was made necessary alter a vertical dip was installed to resolve tile above-mentioned conflict. Extra Work $ 3,177.36 Increase FMc30 16" EPOXY LINED DUCTILE IRON PIPE This pay item was established with a quantity of 1.0 LS, the pipe material chm~ge was neccssa~ since the DOR had to raise tile plan elevation o£the new force main to avoid conflicts with the existing utilities not shown in the plans. Tiffs caused the cover material over the pipe to fall below the minimum 36" that is required per tile Collier County Utility Department Standard Specifications. Extra Work $18,768.47 Increase FM-31 24" EPOXY LINED DUCTILE IRON This pay item was established with a quantity of 1.0 LS, the pipe material change was necessary since the DOK had to raise the plan elevation of the new force main to avoid conflicts with the existing utilities not shown in the plans. This caused the cover material over the pipe to fall below the minimum 36" that is required per the Collier County Utihty Department Standard Specifications. Extra Work ~$ 31,628.10~Increase FM-31 16" DIRECTIONAL BORE This pay item was established with a quantity of 1.0 LS, as a means of paying the contractor for relocating the existing 16" Force Main in l~ont of the North Naples Fire Station that was in conflict with the widening of Pine Ridge Road. The contractor was unable to utilize the open cut trench method for installing this portion of the force main because access to the North Naples Fire Station must be maintained at all times. Extra Work $ 41~763.81 Increase WM-32 POTABLE WATER CONFLICT RESOULTION This pay item was decreased by a quantity of .350 LS, as a result additional work involved in change order twelve. The additional work was necessary to resolve conflicts with the existing utilities not shown in the plans that were in conflict with the new force mains. Construction Method Change $ (1'7,500.00) Decrease WM-43 CUT & CAP EXISTING 20" WATER MAIN This pay item was established'l, vith a quantity of 1.0 LS, as a means of paying the contractor for cutting and capping the existing 20" water main that feeds Calusa Bay subdivision- This water main parallels the old Goodlette-Frank alignment on the right roadway and the plans call for it to be abandoned. The DOR provided no means to cut and cap this line, which feeds from the Carica Tanks main. Designer Error $ 4.957.86 Increase ¥VNI-44 CAST IN PLACE CONFLICT STRUCTURES This pay item was established with a quantity of 1.0 LS, as a means of paying the contractor for casting in place S 144. This structure has to be cast in placed do to the existing water main was not where the plans depicted it to be. DeMgner Error $ 10,266.80 lncrease WlM-45 RELOCATE 1" WATER SERVICE BEHIND ROW ~ FI]RE STATION This pay item was established with a quantity of 1.0 LS, as a means of paying the contractor for relocating the water service to the North Naples Fire Station. This service was in direct conflict with the widening of Pine Ridge Road. This service had a substandard valve assembly. The contractor brought this service ap to today's code. Extra Work $ 2~152.27 Increase EM-23 20" EPOXY LINED DUCTILE IRON PIPE This pay item was established with a quantity of 1.0 LS, the pipe material change was necessary since the DOR had to raise the plan elevation of the new force main to avoid conflicts with the existing utilities not shown in the plans. This caused the cover material over the pipe to fall below the minimum 36" that is required per the Collier Cotmty Utility Department Standard Specifications. Extra Work $18~340.78 Increase CONTRACT MODIFICATION CHECKLIST FORM PROJECT NAME: Immokalee Road, Collier to 43rd Ave. N.E. PROJECT #: 60018 BID/RFP #: 02-3419 $__398~449.78 MOD #: 2 AMOUNT OF THIS CHANGE PO #: 45-00002113 CONTRACT AMOUNT: ORIGINAL $ __30,107,739.23 CURRENT $__.34~336~474.96 (STARTING POINT) (INCLUDING THIS CHANGE ORDER) Last BCC Approved Amount $_33,938,025.18 (LAST TOTAL AMT. REQUIRING BCC APPROVAL) Date of Last BCC Approval November 18, 2003 Agenda Item # 16- Percentage of the change over/under current contract amount I % Formula: (Current Amount / Last BCC approved amount)-1 Results and Actions: if the change exceeds 10% BCC approval is required; under 10% reported to BCC on Purchasing report.. CURRENT COMPLETION DATE (S): ORIGINAL: October 14, 2007 CURRENT: April 11,2008 SUMMARY OF PROPOSED CHANGE (S): Increase Embankment quantity to account for the asphalt thickness that will be removed on the existinq roadway. Add a new Item for reqular excavation that was left off from the oriqinal Bid. Also includes new siqnalization and li.qhtin.q quantities reflecting the directive given by Collier County traffic operations department. JUSTIFICATION FOR CHANGE(S): Added Embankment to cover the quantity needed to replace the asphalt removed from the existinq roadway. Excavation added that was left off from tho original bid. Siqnalization items were requested by Collier County Traffic Operations to be installed on all new proiects, Adjusted quantities, deletinq items that are beinq replaced by new items. Fiber Optic pull boxes for the interconnect and communications system are needed and these are different than the reqular pull boxes already in the contract PARTIES CONTACTED REGARDING THE CHANGE: APAC- Southeast, inc., Johnson En.qineerinq, Lynn Thorpe, Gre.q.q Strakaluse Revised 8/22/03 IMPLEMENTATION STEPS (Verify each before proceeding with change using Y, N or N/A) x Proposed change is consistent with the scope of the existing agreement x Proposed change is in fact an addition or deletion to the existing scope x Change is being implemented in a manner consistent with the existing agreement x The appropriate parties have been consulted regarding the change ~ Proposed prices, fees and costs set forth in the change are reasonable PROJECT MANAGER RECOM_.M~__NDATION: APPROVE: ---'~'-.,~-~ ~ DISAPPROVE: Date: Date: COMMENTS: Revised 8/22/03 0 o [27 "~o:- ~.. m CONTRACT MODIFICATION CHECKLIST FORM PROJECT NAME: 2002 Pathways Proqram PROJECT #: 69081 & 60173 BID/RFP #: 02-3376 MOD #: 4 PO #: 206524 Work Order #: N/A AMOUNT OF THIS CHANGE $ 2742.10 Last BCC Approved Amount $ Date of Last BCC Approval Percentage of the change ov'er/under current contract amount 4% CONTRACT AMOUNT: ORIGINAL $ 613,797.75 CURRENT $638,730.25 (STARTING POINT) (INCLUDING THIS CHANGE ORDER) 613,797.75 (LAST TOTAL AMT. REQUIRING BCC APPROVAL) 6/25/02 Agenda Item # __16 (B) 12 Formula: (Current Amount / Last BCC approved amount)-1 Results and Actions: If the change exceeds 10% BCC approval is required; under 10% reported to BCC on Purchasing report. CURRENT COMPLETION DATE (S): ORIGINAL: November 5, 2002 CURRENT: October 28, 2003 SUMMARY OF PROPOSED CHANGE (S): The purpose of this chanqe order is to add to the bid amount for additional work necessary to match existinq conditions and also work required to meet the permit conditions per the South Florida Water Manaqement District. JUSTIFICATION FOR CHANGE (S): Due to chanqes in the existinq conditions after the desi.qn phase, additional sod was necessary. In addition, it was determined that a safety rail was necessary on the .quardrail in addition to more Type IV .quardrail end treatments due to desiqn changes necessitated by South Florida Water Manaqement District to meet permit conditions. PARTIES CONTACTED REGARDING THE CHANGE: Aiax Pavinq Industries, Inc., Transportation En.qineerin.q and Construction Manaqement Department, South Florida Water Manaqement District IMPLEMENTATION STEPS (Verify each before proceeding with change using Y, N or N/A) Y__Proposed change is consistent with the scope of the existing agreement Y Proposed change is in fact an addition or deletion to the existing scope ~Y Change is being implemented in a manner consistent with the existing agreement Y The appropriate parties have been consulted regarding the change Y Proposed prices, fees and costs set forth in the change are reasonable PROJECT MANAGER RF_._COMMENDATIO~:~ APPROVE: ,~_.~ ~~/ ~' ~"~¢~ Date: DISAPPROVE: Date: COMMENTS: DEC i 6 200: Revised 8/22/03 CONTRACT MODIFICATION CHECKLIST FORM PROJECT NAME: Golden Gate Parkway .,, PROJECT #: 60027A&B BID/RFP #: 00-3063 MOD #: SA ~[4 AMOUNT OF THIS CHANGE $ 123,350.00 PO #: Work Order #: CONTRACT AMOUNT: ORIGINAL $ 1~245~857.00 CURRENT $ 3,541,357.00 (STARTING POINT) (INCLUDING THIS CHANGE ORDER} Last BCC Approved Amount $ 3,398,807.00 (LAST TOTAL AMT. REQUIFUNG BCC APPROVAL) Date of Last BCC Approval 5/14102 Agenda Item # 16B5 Percentage of the change over/under current contract amount + 4.2 % Formula: (Current Amount / Last BCC approved amount)-1 Results and Actions: If the change exceeds 10% BCC approval is required; under 10% reported to BCC on Purchasing report. CURRENT COMPLETION DATE (S): ORIGINAL: December, 2003 CURRENT:_April, 2004 SUMMARY OF PROPOSE .D CHANGE (S): S,a0g4 provides ~i51 600 00 to compensate for desif:ln services required to rework various tasks due to redirection on the pad of the county (tasks 0001, 0002, 0004, 0005, 0006 and 0008) and to compensate for additional services (task 0003) It also provides for $71,750 in Post Design Services (task 0008) as itemized in Attachment B. These chanqes were directed by the T.E.&C.M. Director and his staff. JUSTIFICATION FOR CHANGE (S) Durinq the desiRn of the project various assumptions on which the desicln was based chanqed, such as the city water main which was intended to be relocated and was allowed to remain in place. This resulted in the need to reworkinq of the desiqQ plans over and above what would normally be the case in the desiqn of a project The staking of the riglht of way and the post desiqn services were not included in the onqinal scope of services. The chanqes and additional work are necessa~ to provide for a complete and accurate proiect. The redesiqn efforts are supported by time and materials documentation. The Post Desiqn services w/Il be fixed fee PARTIES CONTACTED REGARDING THE CHANGE: T.E.&C.M. Director Riglht of Way Manaqer, City of Naples Utilities, RWA and Stanley Consultants. IMPLEMENTATION STEPS (Verify each before proceeding with change using Y, N or N/A) Y Proposed change is consistent with the scope of the existing agreement Y Proposed change is in fact an addition or deletion to the existing scope Y Change is being implemented in a manner consistent with the existing agreement Y The appropriate padies have been consulted regarding the change Y Proposed prices, fees and costs set forth in the change are reasonable PROJECT MANA~,~iER ~/~MMENDATION: APPROVE: _~---".~ ~' Date: DISAPPROVE: / Date: COMMENTS: SAN was reviewed by the former Proiect Manaqer assiqned to the project as well as the Director of TE.& C.M REVISED 9/9/03 DEC I 5 2 Q3 CONTRACT MODIFICATION CHECKLIST FORM PROJECT NAME: Immokalee B~anch Library Expansion PROJECT #: 33776 BID/RFP #: 02-3405MOD #: 2 AMOUNT OF THIS CHANGE $(559.00) PO #: 4500001967 Work Order #: CONTRACT AMOUNT: ORIGINAL $ 490,000.00 CURRENT $498,737.00 (STARTING POINT) (INCLUDING THIS CHANGE ORDER) Last BCC Approved Amount $490,000.00 (LAST TOTAL AMT. REQUIRING BCC APPROVAL) Date of Last BCC Approval9/11/02 Agenda Item # 16 D 10 Percentage of the change over/under current contract amount 1.78% Formula: (Current AmOunt / Last BCC approved amount)-1 Results and Actions: If the change exceeds 10% BCC approval is required; under 10% reported to BCC on Purchasing report. CURRENT COMPLETION DATE (S): ORIGINAL: 2101/04 CURRENT:02/01104 SUMMARY OF PROPOSED CHANGE (S): To correct Change Order #1 JUSTIFICATION FOR CHANGE (S): Contractors mark-up was more then allowed in the contract PARTIES CONTACTED REGARDING THE CHANGE: Jack Croqnale, Skip Camp, & Steve Carnell IMPLEMENTATION STEPS (Verify each before proceeding with change using Y, N or N/A) _y_ Proposed change is consistent with the scope of the existing agreement _y_ Proposed change is in fact an addition or deletion to the existing scope _y_ Change is being implemented in a manner consistent with the existing agreement _y_ The appropriate parties have been consulted regarding the change _y_ Proposed prices, fees and costs set forth in the change are reasonable PROJECT MANAGER RECOMMENDATION: APPROVE ,,~, ¢/~.'v%~_~.¢~__./ Date: I'L/~/' ~"~-~ DISAPPROV '-~.- r Date: ~ ' COMMENTS: REVISED 9/9/03 CONTRACT MODIFICATION CHECKLIST FORM PROJECT NAME: Collier County Emergency Services PROJECT #: 52160 BID/RFP #: 03-3448 MOD #: /~.2-, ~ AMOUNT OF THIS CHANGE $13,397.00 PO #: 4500012091 Work Order #: CONTRACT AMOUNT: ORIGINAL $1,859,000.00 CURRENT $1,872,397.00 (STARTING POINT) (INCLUDING THIS CHANGE ORDER) Last BCC Approved Amount $1,859,000.00 (LAST TOTAL AMT. REQUIRING BCC APPROVAL) Date of Last BCC Approval 6/10/2003 Agenda Item # 16 E 8 Percentage of the char)ge over/under current contract amount .72% Formula: (Current Amount / Last BCC approved amount)-1 Results and' Actions: If the change exceeds 10% BCC approval is required; under 10% reported to BCC on Purchasing report. CURRENT COMPLETION DATE(S): ORIGINAL: 1/1/06 CURRENT: 1/1/06 SUMMARY OF PROPOSED CHANGE (S): Additional Services for providinq PUD Amendment JUSTIFICATION FOR CHANGE (S): Owner Requested PARTIES CONTACTED REGARDING THE CHANGE: Jack Croqnale, Skip Camp IMPLEMENTATION STEPS (Verify each before proceeding with change using Y, N or N/A) Proposed change is consistent with the scope of the existing agreement Y Proposed change is in fact an addition or deletion to the existing scope Y Change is being implemented in a manner consistent with the existing agreement The appropriate parties have been consulted regarding the change Proposed'prices, fees and costs set forth in the change are reasonable PROJECT MANAGER RECOMMENDATION: APPROVE: .'~ [/&..¢%, ¢:/~r i,j DISAPPROVe: Date: Date: COMMENTS: REVISED 9/9/03 AG£NOA IT,,~ DEC ! 6 2003 EXECUTIVE SUMMARY APPROVAL OF THE PURCHASE OF GROUP HEALTH EXCESS INSURANCE FOR CALENDAR YEAR 2004 OBJECTIVE: To procure group health excess insurance coverage for the Collier County Group Health Plan to protect the plan from catastrophic losses. CONSIDERATIONS: The County administers a partially self-funded group health insurance program for the employees of Collier County. The program requires the purchase of excess insurance coverage to provide financial stability to the Plan should catastrophic losses occur. Staff sought excess insurance proposals from interested insurance companies utilizing the services of the County's contracted broker, Willis Corporation. Proposals were received from nine carriers and included fifteen coverage proposals. These proposal types included Specific Excess, Specific Excess with Aggregate Excess and an Aggregate Excess only quote. Specific Excess insurance protects the plan from catastrophic losses if paid claims for a single insured member exceed a threshold deductible. Typically, the deductible threshold is $175,000 per person for Specific Excess insurance. Aggregate Excess insurance protects the plan if paid claims from all covered members exceed an aggregate threshold deductible. The aggregate deductible is calculated on the basis of expected claims plus a margin or "corridor". This corridor is usually equal to 125% of expected paid claims. While Specific Excess insurance can be quite expensive, the cost of Aggregate Excess insurance is usually quite inexpensive because of the unlikelihood of the plan reaching the aggregate deductible. Finally, excess insurance is quoted on an "incurred and paid" basis with terms such as "claims incurred in 12 months and paid in 12, 15, 18, or 24 months". Essentially, the carrier accepts only those claims incurred during the 12 month policy term and paid over a 12, 15 or 24 month period. A longer paid term is desirable to assure that all eligible costs are counted toward any excess insurance recovery due the plan. Currently, the County purchases Specific Excess insurance through SunLife of Canada. Aggregate coverage is not purchased. Of the fifteen proposals received, four were determined to be the most responsive due to their contract terms and price which stipulated that the contract be underwritten on the basis of a "claims incurred in 12 months and paid in 24 months" (12/24) term. Each carrier holds an A. M. Best rating of "A" or higher (see attached). Staff reviewed the proposals and ranked them as follows: Carrier Type Annual Premium 1) CapCostJBoston Mutual 2) Standard Security 3) Allianz 4) SunLife Aggregate Only Specific and Aggregate Specific Only Specific and Aggregate $627,092 $647,635 Specific $691,749 Specific and Aggregate $712,658 $924,720 Specific $945,192 Aggregate Staff believes there are many advantages and few disadvantages to the Aggregate Only coverage offered by CapCost/Boston Mutual. These advantages are: The Aggregate Only product will allow the cOunty to reliably predict aggregate claims costs in calendar year 2004. The current program does not do this. v' The potential for the variability of overall plan costs is reduced. Thus, the potential need for mid- year budget amendments or plan changes is reduced. The current program does not do this. over=Il nrir'p ~ ,/ The 110% corridor is a reasonable provision when comparing the protection offered to . DEC 16 The Cap Cost program does not include the cost of prescription drugs in the calculation of the aggregate deductible; however, prescription drug costs do not vary in a given year as do hospital and surgical costs. The aggregate deductible is $18,414,021. Expected claims, other than prescription costs, are $16,740,019. These figures are commensurate with actuarial predictions and current funding. The overall premium for the Cap Cost program as compared to the current program is $143,479 less than current rates and $297,628 less than the current carrier's proposed 2004 rates. The plan will retain these savings. The program offers a $5,000,000 limit of coverage above the aggregate deductible which is sufficient. The only negative aspect to the CapCost program involves a potential shod term demand on cash assets if a series of catastrophic losses are presented for payment within a shod time frame. However, this event is considered an unlikely and manageable issue. These proposals are subject to the submission of certain outstanding underwriting information required to bind coverage. Thus, they could change. Final proposals are expected by December 18, 2003 and must be bound within 24 to 48 hours of that date. Therefore, in the interest of time, staff is seeking authority from the Board to bind coverage in accordance with the ranking contained herein, predicated upon no substantive changes in the terms currently proposed. The effective date of this coverage is January 1, 2004. FISCAL IMPACT: Estimated annual premium for the CapCost program is $627,092. These figures are based upon an average enrollment of 2,100 employees. Sufficient funds are budgeted within Fund 517, Group Health and Life Insurance for this purchase. GROVV'DH MANAGEMENT IMPACT: There are no growth management issues associated with this item. RECOMMENDATION: It is recommended that the Board approve the purchase of the CapCost/Boston Mutual excess insurance program pursuant to the terms contained herein, authorizing staff to complete the paperwork necessary to bind coverage. Should the final CapCost proposal change after the receipt of final underwriting information, staff requests permission bind coverage with the next highest ranked proposal and report same to the Board in a subsequent executive summary. J~fC'~alker, CPCU, ARM, Director, Risk Management Department Len Golden IF~ce, AcTministrative Services Administrator DEC 162003 I COMPARISON OF 2004 GROUP HEALTH EXCESS INSURANCE PROPOSALS The CapCost program does not include the cost of prescription drugs in the calculation of the aggregate attachment point; SunLife SunLife Coverage Terms (current (proposed) Alli~ 2003_rate) __ Specific Excess: Contract Basis 12/24 12/24 12/; Includes PO( yes yes yes Deductible $175,000 $175,000 $17 Single Rate $15.86 $19.03 $14 Family Rate $43.33 $52.00 $40 Annual Premium $770,571 $924,720 $71 Change from Current Rate (%) Current 20% __ -7.5 __Change from Current Rate ($) Current $154,149 __ Aggregate Excess: Contract Basis ...... N~_A_ ..... 12/2~ _NA Includes RX NA __ yes NA Aggregate Attachment Point NA $21,919,224 NA (Deductible) . -- 125% of N,~ Aggregate Corridor NA Expected Claims _ Annual Premium NA $20,472 NA Total Annual Premium $770,571 $945,192 $7' Change from Current (%) NA 22.7% -7.: Change from Current ($).... _N._A .... $174,622 Change from SunLife NA , NA Renewal Quote ($) -- All quotes are subject to medic~ *CapCost quote does not incl ........... at~t~_~ 000 ¸74 658 ,5_~7,913) 2,658 Standard Security 12/24 yes $175,OOO $11.90 $37.48 $647,635 -16% $122,935) CapCost/. Boston Mutual xes $22,226,045 NA NA NA NA NA NA NA NA 12/24 12/24 no 125% of Expected Claims $44,113 $691,749 -10.2% *$18,414,021 110% of Expected Claims $627,092 627,092 -18.6% .5_7,_913) ($78,822) $143,479) $232,534) ($253,443) ($318,100) confirmation and final underwriting approval. prescription drug costs in the aggregate lent calculation. LAG£ND, A ITEN,~ No._~__~_~ 0EC 1 6 2003 COMPARISON OF 2004 GROUP HEALTH EXCESS INSURANCE PROPOSALS The CapCost program does not include the cost of prescription drugs in the calculation of the aggregate attachment point; SunLife Coverage Terms (current SunLife Standard CapCost/ 2003 rate) (proposed) Allianz Security Boston Mutual Specific Excess: Contract Basis 12/24 12/24 12/24 12/24 NA Includes RX yes yes yes yes NA Deductible $175,000 $175,000 $175,000 $175,000 NA Single Rate $15.86 $19.03 $14.74 $11.90 NA Family Rate $43.33 $52.00 $40.02 $37.48 NA Annual Premium $770,571 $924,720 $712,658 $647,635 NA Change from Current Rate (%) Current 20% -7.5% -16% NA Change from Current Rate ($) Current $154,149 ($57,913) ($122,935) NA Aggregate Excess: Contract Basis NA 12/24 NA 12/24 12/24 Includes PO( NA yes NA yes no Aggregate Attachment Point (Deductible) NA $21,919,224 NA $22,226,045 *$18,414,021 Aggregate Corridor NA 125% of NA 125% of 110% of Expected Expected Claims Expected Claims Claims Annual Premium NA $20,472 NA $44,113 $627,092 Total Annual Premium $770,571 $945,192 $712,658 $691,74-9 627,092 Change from Current (%) NA 22.7% -7.5% -10.2% -18.6% Change from Current ($) NA $174,622 ($57,913) ($78,822) ($143,479) _ Change from SunLife Renewal Quote ($) NA NA ($232,534) ($253,443) ($318,100) All quotes are subject to medical confirmation and final underwriting approval. *CapCost quote does not include prescription drug costs in the aggregate attachment calculation. DEC 1 6 2003 Pg EXECUTIVE SUMMARY IN COMPLIANCE WITH THE PURCHASING POLICY, REPORT TO THE BOARD OF COUNTY COMMISSIONERS THAT THERE WERE NO INTEREST PENALTY PAYMENTS FOR VIOLATIONS OF THE FLORIDA PROMPT PAYMENT ACT DURING THE FISCAL CYCLE BEGINNING OCTOBER 1, 2002 AND ENDING SEPTEMBER 30, 2003. OBJECTIVE.' Report to the Board of County Commissioners that there were no interest penalty payments for violations of the Florida Prompt Payment Act during the fiscal year beginning October 1, 2002 and ending September 30, 2003. CONSIDERATIONS: Section XI of the Collier County Purchasing Policy which is entitled Payment of Invoices, requires the Finance Director and Purchasing Director to submit to the Board of County Commissioners a joint report listing the number and total dollar amount of interest payments made for violations of the Florida Prompt Payment Act for the preceding fiscal year. For the aforementioned period we are pleased to report that there were no interest payments made for violations of the Florida Prompt Payment Act. FISCAL IMPACT: There is no fiscal impact to this item. RECOMMENDATION: In compliance the Collier County Purchasing Policy, accept this joint report prepared by the Finance Director and Purchasing Director, documenting that there were no interest penalty payments made for violations of the Florida Prompt Payment Act for the fiscal year begitming October 1, 2002 and ending September 30, 2003. Submitted By:-~t~s~ J6tnes L. Mitchell Director of Finance and Accounting Date: /Z/~/~ Steve Carnell Director of Purchasing Date: 2003 EXECUTIVE SUMMARY APPROVAL OF A RESOLUTION DESIGNATING THE TOURISM DEPARTMENT, WHICH OPERATES AS THE GREATER NAPLES, MARCO ISLAND, EVERGLADES CONVENTION & VISITORS BUREAU, AS THE OFFICIAL COUNTY TOURISM PROMOTION AGENCY OBJECTIVE: Clarify a similar designation made by County Resolution No. 2002-501 on December 17, 2002. CONSIDERATIONS: The Clerk of the Court has recommended that the designation of the Tourism Department as the Official County Promotion Agency needs further clarification. This resolution accomplishes that goal. FISCAL IMPACT: There is no fiscal impact with this action. GROWTH MANAGEMENT IMPACT: There is no Growth Management impact with this action. RECOMMENDATION: That the Board of County Commissioners adopt the Resolution designating the Tourism Department, operating as the Greater Naples, Marco Island, Everglades Convention and Visitors Bureau, as the official County Tourism Promotion Agency. SUBMITTED BY J^ TOURISI I DIRECTOR DATE JA~ES V. MUDD, P.E. COUNTY MANAGER DATE RESOLUTION NO. 2003- RESOLUTION OF THE COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS DESIGNATING THE COUNTY TOURISM DEPARTMENT OFFICE KNOWN AS THE GREATER NAPLES, MARCO ISLAND, EVERGLADES CONVENTION AND V1SITORS BUREAU AS THE OFFICIAL COUNTY TOURISM PROMOTION AGENCY WHEREAS, On December 17, 2002, by Resolution No. 2002-501, the Board of County Commissioner's designated the new tourism marketing office of the County as The Greater Naples, Marco Island and the Everglades Convention and Visitor's Bureau, and V~rlERAS, the County Tourism Department was created for the purpose of tourism promotion by Collier County, and WHEREAS, the Board of County Commissioners desircs to designate the Collier County Tourism Dep~rtment office, which is currently known as The Greater Naples, Marco Island, Everglades Convention and Visitor's Bureau, as the Official County Tourism Promotion Agency pursuant to Section 125.0104(9), FS. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that, the Collier County Tourism Department office is hereby designated as the Official County Tourism Promotion Agency pursuant to Section 125. 0104(9), FS. This Resolution adopted this ____ day of December 2003 after motion; second and majority vote favoring same. ATFEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORDA By: Tom Henning, Chairman Approved as to form and legal sufficiency: Assistant County Attorney DEC 2 03 APPROVAL OF BUDGET AMENDMENTS BCC Agenda of December 16, 2003 Vanderbiit Beach MSTU (Fund 143) Budget Amendment #04-073 Operating Engineering Fees - Other $25,000 Reserves Reserve for Capital (25,000) Total -0- Explanation: Funds are needed for engineering fees for the Vanderbilt Beach Beautification Master Plan. AGENDA ITEM No. DEC I 6 2D03 Pg.__ / EXECUTIVE SUMMARY AWARD BID /402-3392, EMERGENCY MANAGEMENT PUBLIC SAFETY WIND PROTECTION PROJECT, TO TERAGRAM INC., D/B/A ALLSAFE SHUTTERS IN THE AMOUNT OF $82,000 TO PROVIDE WIND PROTECTION TO EIGHT (8) PUBLIC SAFETY FACILITIES IN COLLIER COUNTY OBJECTIVE: To award Bid //02-3392 for the manufacture and installation of wind protection devices for eight (8) public safety facilities in Collier County. CONSIDERATIONS: On November 18, 2003, the Board approved Agreement //04HM-9-09-21-15-001 between Collier County and the State of Florida, Department of Community Affairs (DCA) accepting a $83,640 matching (75/25) grant to provide wind protection to eight public safety facilities in Collier County. On June 7, 2002, a formal request for proposals was posted by the Collier County Purchasing Department. On June 19, 2002, proposals from five (5) finns were received. Staff has reviewed the proposals and recommends award of Bid/402-3392 to Teragram Inc., D/B/A/ Allsafe Shutters as the lowest qualified bidder in the amotmt of $82,000. Two wind protection systems will be installed: 1) window and door hurricane shutters (where required) and 2) large hurricane screens for the bay doors. All systems being installed meet current codes for wind protection, and have been engineered for the specific buildings and openings where installed. FISCAL IMPACT: Funds are budgeted for FY 04 in the Emergency Management Grant Fund, Fund 1 I8, project #343011. Each of thc affected Fire Districts (independent and dependent) and Collier County EMS have affirmed in writing their commitment to reimburse the County the 25% dollar match required by this grant for their facility. East Naples FD Station 20 $2,275., North Naples FD Station 45 $2,275., Golden Gate FD Station 70 $3,350., Immokalee FD Station 30 $2,025., Isles of Capri FD Station 90 $2,700, Ochopee FD Station 60 $1,475., Big Corkscrew Island FD Station 12 $2,275., and Medic 2 Helicopter Operations $4,125. GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with this Executive Summary. DEC 1 6 2003 RECOMMENDATION: That the Board of County Cormnissioners award Bid//02-3392 to Teragram Inc., D/B/A Allsafe Shutters in the amount of $82,000 to provide wind protection to eight (8) public safety facilities in Collier County. SUBMITTED BY: ~..~ [, ~,.~~ Date: James J. von Rinteln?FPEM, CL~;~I., Emergency Management Coordinator Stephen Y. Camell, al Date: '~ '7,.(c~ Services Director Dan Summers, CEM, Emerge y AGENDAITEM ..... No. /~;.£ ~ DEC 16 2003 Pg. ~ A(3ENDA LTEM BEC 1 6 2003 Pg. ~ BOARD OF COUNTY COMMISSIONERS MISCELLANEOUS CORRESI'ONDENCE December 16, 2003 FOR BOARD ACTION: 1. MISCELLANEOUS ITEMS TO FILE FOR RECORD WITH ACTION AS DIRECTED: Bo Clerk of Courts: Submitted for public record, pursuant to Florida Stmutes, Chapter 136.06(1), the disbursements for the Board of County Commissioners for the period: 1. Disbursements for October 18, 2003 through October 24, 2003. 2. Disbursements for October 25, 2003 through October 31, 2003. 3. Disbursements for November 1,2003 through November 7, 2003. 4. Disbursements for November 8, 2003 through November 14, 2003. 5. Disbursements for November 15. 2003 through November 21. 2003. 6. Disbursements for November 22, 2003 through November 28, 2003. Minutes: 1. Collier County Hispanic Affairs Advisory Board - Minutes of September 25, 2003. 2. Radio Road Beautification M.S.T.U. - Agenda for Nove~nber 18, 2003; Minutes of October 21, 2003. 3. Immokalee Beautification M.S.T.IJ. Advisory Committee- Agenda for November 19, 2003; Minutes of October 22, 2003. 4. Forest Lakes Roadway and Drainage M.S.T.U. - Agenda for November 19, 2003; Minutes of October 15, 2003. 5. Pelican Bay Services Advisory Committee - Notice of Cancellation of Public Meeting- December 3,201)3; Budget Sub-Committee- Agenda for November 13, 2003; Regular Agenda for November 5, 2003; Minutes of October 1, 2003; Clam Bay Sub-Committee Minutes of October 1, 2003. 6. Collier County Water and Wastewater Authority Advisory Board - Minutes of September 22, 2003. H:Data/Format _ AGF..NDI~ ITEM" ~j No._ ~ _~ DEC 1 6 2003 o 10. 11. 12. Environmental Advisory Council -- Agenda for November 5, 2003; Minutes of August 6, 2003; October 1, 2003. Collier County Planning Commission Advisory Committee - Agenda for November 6, 2003; November 20, 2003; Minutes of September 18, 2003; October 2, 2003 and October 16, 2003. Bayshore Beautification M.S.T.U. Advisory Board - Agenda for November 12, 2003; Minutes of October 8, 2003. Collier County Citizen's Corps Advisory Committee - Agenda for August 21, 2003; Minutes of August 21, 2003. Coastal Advisory Committee - Minutes of September 11,2003. Collier County Airport Authority Advisory Committee - Agenda for November 10, 2003; Minutes of October 13, 2003. 13. Parks and Recreation Advisory Board - Agenda for November 19, 2003; Minutes of October 15, 2003. 14. Lely Golf Beautification Advisory' Committee - Agenda for November 20, 2003; Minutes of October 16, 2003. 15. Historical & Archaeological Preservation Board Advisory Committee - Agenda for November 19, 2003; Minutes of October 15, 2003. Other: ]) Florida Department of Revenue -Letter to Guy Carlton, Collier County Tax Collector regarding budget amendment for the final salary, FICA and retirement benefits. H:DatadFormat No. I(e-2::~ DEC 16 2003 PO. ~ EXECUTIVE SUMMARY THAT THE BOARD OF COUNTY COMMISSIONERS MAKE A DETERMINATION OF WHETHER TttE PURCHASES OF GOODS AND SERVICES DOCUMENTED IN THE DETAILED REPORT OF OPEN PURCHASE ORDERS SERVE A VALID PUBLIC PURPOSE AND AUTHORIZE TtlE EXPENDITURE OF COUNTY FUNDS TO SA TISFY SAID PURCHASES. OBJECTIVE: To have the Board of County Commissioners make a determination whether the purchase orders opened from November 14, 2003 through December 5, 2003 serve a valid public purpose and authorize the expenditure of County funds to satisfy said purchases. CONSIDERATIONS: To ensure compliance xvith State law, the Clerk's Office has prepared a detail list of all purchase orders that have not previously been approved by the Board of County Commissioners that were opened for the period November 14, 2003 tlu:ough December 5, 2003. This report is available for inspection and review in the County Manager's Office. FISCAL IMPACT: The goods and services included in the aforementioned report have all been previously appropriated. GROWTH MANAGEMENT IMPACT: related to this item. There is no Growth Management impact RECOMMENDATION: That the Board of County Commissioners make a detemfination of whether the purchases of goods and services documented in the detailed report of open purchase orders serve a valid public purpose and authorize the expenditure of County funds to satisfy said purchases. Prepared By:,~~/~ ~es L. Mitchell, CIA, CFE, CBA Director of Finance and Accounting Date: Reviewed and Approved By: Co~h'~stdnce Murray General Operations Manager Date: ~,~_ND A iTEM BEg 1,q 2003 p~. / EXECUTIVE SUMMARY ALrFHORIZE THE MAKING OF OFFERS OF JUDGMENT FOR PARCELS 806, 106, 111, 116 AND llSB IN THE IMMOKALEE ROAD PROJECT (WILSON TO COLLIER BOULEVARD #60018) OBJECTIVE: Approve and authorize the making of Offers of Judgment pursuant to Section 73.032, F.S. for the condemnation of Parcels 806, 106, 111, 116 and 115B in the Immokalee Road Project (Wilson to Collier Boulevard # 6001.8). CONSIDERATIONS: Eminent domain actions were filed in December, 2002 and February, 2003 for the acquisition of Parcels 806, 106, 111, 116 and 115B for fee simple interests. In May of 2003, Orders of Taking were entered by the Circuit Court and the good faith estimate of value for these parcels as listed below were deposited into the Court registry on May 20, 2003 and June 6, 2003, thereby vesting title in the parcels in Collier County. The proposed Offers of Judgment, copies of which are attached as Exhibit "A", offer the property owners 20% above the deposit of the County's good faith estimate of value at the hearing on the Orders of Taking. Proposed Offer Parcel O.T. Deposit of Judgment Difference 806 $ 420,300 $ 504,360 $ 84,060 106 87,700 105,240 17,540 111 74,900 89,880 14,980 116 33,900 40,680 6,780 lI5B 554.600 665,520 110,920 $1,171,400 $1,405,680 $234,280 The County Attorney's Office has reviewed all considerations in making the Offers of Judgment and has calculated in good faith these offers of full compensation for the property interests taken. This office considers the terms of the Offers of Judgment to be reasonable. If the property owner rejects the Offer of Judgment and the case is settled at an amount below the proposed Offer of Judgment, then the County is not responsible for the owner's expert fees from the date of the rejection of the offer. FISCA~L I~MPA.___._CT.__i: Funds in the amount of $234,280 are available in the Transportation Road ' Construction Gas Tax Fund. Source of Funds are Gas Taxes. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: That the Board of County Commissioners: 1. Approve the terms of the Offers of Judgment and authorize its service upon 2. Approve the expenditure of funds as stated; and es~&ITEM DEC 1 6 2003 Pg. ~ Approve Stipulated Final Judgments based on the acceptance of the Offers of Judgment including attorney's fees pursuant to Section 73.092(1), F.S. H~ F. Xs-~n, Ass~ounty A,torney REVIEWEDBY: ~~~/~ i~cks, ROw'~11~tion Manager Transpo~ ion/ECM/ROW REVIEWED BY: ~/X~. ~ Gregg Strakaluse 'LE., Director REVIEWED BY: APPROVED BY: Transpor Norm 1: tion/ECM :let, Administrator Trans~ )rtation Division David C. Weigel, Cour/~j Attorney Date: Date: //,- / ~]~ O~ Date: /t//~?~ Date: AGENDA ITEM NO. ~b~ I DEC 1 § 2003 pg. ,9, IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA CIVIL ACTION COLLIER COUNTY, FLORIDA, a political subdivision of the State of Florida, VS. Petitioner, TREE PLATEAU CO., INC., et al., Respondents. Case No.: 03-0519-CA Parcel No.: 106, 806 / OFFER OF JUDGMENT TO: Mary H. Wagner c/o John C. Lukacs, Esquire JOHN C. LUKACS, P.A. 201 Sevilla Avenue, Suite 305 Coral Gables, FL 33134 PETITIONER, COLLIER COUNTY, FLORIDA, pursuant to Section 73.032, Florida Statutes, and Fia.R.Civ.P. 1.442, does hereby make this binding Offer of Judgment in this action to Respondent, MARY H.WAGNER, for all compensation, including severance damages, business damages, statutory interest, costs to cure, together with the value of thc taking, and any other claims of Respondent, MARY H.WAGNER, arising out of the laking of Parcels 106 and 806, in the total amount of Six Hundred Nine Thousand Six Hundred Dollars and No/100 ($609,600.00), which includes the amount of $508,000.00 which was deposited pursuant to the Order of Taking dated May 22, 2003. There are no non-monetary terms or other relevant conditions to this offer except that this offer does not include attorneys fees and costs. - AO.~.NDA IT£M NO. t~ii"' i DEC 1 § 2003 The construction plans and specifications for the project on which the offer is based have been previously and continue to be made available for the Respondent(s) review upon reasonable notice of such a request. Dated this __ day of October, 2003. OFEICE OF THE COUNTY ATTORNEY Harmon Turner Building 3301 East Tamiami Trail Naples, Florida 34112 (239) 774-8400 - Telephone (239) 774-0225 - Facsimile BY: HEIDI F. ASHTON, ESQUIRE Florida Bar No. 0966770 ATTORNEY FOR PETITIONER CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished to John C. Lukacs, Esquire, JOHN C. LUKACS, P.A., 201 Sevi'lla Avenue, Suite 305, Coral Gables, FL 33134; Jean G. Howard, Esquire, Florida Power & Light Company, P. O. Box 029100, Miami, FL 33102-9100; and E. Glenn Tucker, Esquire, RHODES & TUCKER, P. O. Box 887, Marco Island, FL 34146 this __. day of October, 2003 via regular United States Mail. HEIDI F. ASHTON, ESQUIRE A~A ITIEU-- NO. ~ DEC 1 6 2003 Pg._ /-/ IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA CIVIL ACTION COLLIER COUNTY, FLORDA, a political subdivision of the State of Florida, VS. Petitioner, NORMA E. BANAS, et al., Respondents. Case No.: 02-5137-CA Parcel No.: 111 / OFFER OF JUDGIVlENT TO: Whitley S. Ward, Trustee c/o Brian P. Patchen, Esquire EARLE & PATC}tEN, P.A. 1000 Brickcll Avenue, Suite 1112 Miami, FL 33131 PETrFIONER, COLLIER COUNTY, FLORIDA, pursuant to Section 73.032, Florida Statutes, and Fla. R.Civ. P. 1.442, does hereby make this binding Offer of Judgment in this action to Respondent, WHITLEY S. WARD, TRUSTEE, for all compensation, including severance damages, business damages, statutory interest, costs to cure, together with the value of the taking, and any other claims of Respondent, WHiTLEY S. WARD, TRUSTEE, arising out of the taking of Parcel 111, in thc total amount of Eighty-Nine Thousand Eight Hundred Eighty and No/100 Dollars ($89,880.00), which includes the amount of $74,900.00 which was deposited pursuant to the Order of Taking dated May 13, 2003. There are no non-monetary terms or other relevant conditions to this offer except that this offer does not include attorneys fees and costs. AC~_NDA ITEM No. DEC 1 2003 The construction plans and specifications for the project on which the offer is based have been previously and continue to be made available for the Respondent(s) review upon reasonable notice of such a request. Dated this __ day of October, 2003. OFFICE OF THE COUNTY ATTORNEY Harmon Turner Building 3301 East Tamiami Trail Naples, Florida 34112 (239) 774-8400 - Telephone (239) 774-0225- Facsimile BY: }tEIDI F. ASHTON, ESQUIRE Florida Bar No. 0966770 ATTORNEY FOR PETITIONER CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished to Brian P. Patchen, Esquire, EARLE & PATCHEN, P.A., 1000 Bricketl Avenue, Suite 1112, Miami, FL 33131; and E. Glenn Tucker, Esquire, RHODES & TUCKER, P. O. Box 887, Marco Island, FL 34146 this __ day of October, 2003 via regular United States Mail. HE1DI F. ASHTON, ESQUIRE AC~NDA ITEM DEC 1 6 2003 IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER_ COUNTY, FLORIDA CIVIL ACTION COLLIER COUNTY, FLORDA, a political subdivision of the State of Florida, Petitioner, VS. CALUSA PD,rES GOLF CLUB, LLC, INC., et al., Respondents. TO: Royal Watch, Inc. c/o Kenneth A. Jones, Esquire ROETZEL & ANDRESS 2320 First Street, Suite 1000 Fort Myers, FL 33901 Case No.: 02-5140-CA Parcel No.: 116 / OFFER OF JUDGMENT PETITIONER, COLLIER COUNTY, FLORDA, pursuant to Section 73.032, Florida Statutes, and Fla. R.Civ. P. 1.442, does hereby make this binding Off'er of Judgment in this action to Respondent, ROYAL WATCH, INC., for alt compensation, including severance damages, business damages, statutory interest, costs to cure, together with the value of the taking, and any other claims of Respondent, ROYAL WATCH, INC., arising out of the taking of Parcel 116, in the total amount of Forty Thousand Six Hundred Eighty and No/100 Dollars ($40,680.00), which includes the amount of $33,900.00 which was deposited pursuant to the Order of Taking dated May 13, 2003. There are no non-monetary terms or other relevant conditions to this offer except that this offer does not include attorneys fees and costs. DEC 1 6 2003 Pg.__ q The construction plans and specifications for the project on which the offer is based have been previously and continue to be made available for the Respondent(s) review upon reasonable notice of such a request. Dated this __ day of October, 2003. OFFICE OF THE COUNTY ATTORNEY Harmon Turner Building 3301 East Tamiami Trail Naples, Florida 34112 (239) 774-8400 - Telephone (239) 774-0225 - Facsimile- BY: HEDI F. ASHTON, ESQUIRE Florida Bar No. 0966770 ATTORNEY FOR PETITIONER CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished to Kenneth A. Jones, Esquire, ROETZEL & ANDRESS, 2320 First Street, Suite 1000, Fort Myers, FL 33901; and E. Glenn Tucker, Esquire, RHODES & TUCKER, P. O. Box 887, Marco Island, FL 34146 this __ day of October, 2003 via regular United States Mail. HEIDI F. ASHTON, ESQUIXE A~-NDA ITE~ NC). DEC I 6 2003 Pg. ~ IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA CIVIL ACTION COLLIER COLrNTY, FLORIDA, a political subdivision of the State of Florida, Petitioner, Case No.: 03-0518-CA Parcel No.: l15B VS. DIANE P. HAAGA, et al., Respondents. OFFER OF JUDGMENT TO: Diane P. Haaga Robert Haaga John C. Haaga, Trustee Luanne Ver Sluis Haaga Patricia Perlstein Susan Handville c/o Kenneth A. Jones, Esquire ROETZEL & ANDRESS 2320 First Street, Suite 1000 Fort Myers, FL 33901 PETITIONER. COLLIER COUNTY, FLORIDA, pursuant to Section 73.032, Florida Statutes, and FIa. R.Civ. P. 1.442, does hereby make this binding Offer of Judgment in this action to Respondents, DIANE P. HAAGA; ROBERT HAAGA; JOHN C. HAAGA, TRUSTEE; LUANNE VER SLUIS HAAGA; PATRICIA PERLSTELN; and SUSAN HANDVII.IJE, for all compensation, including severance damages, business damages, statutory interest, costs-to cure, together with the value of the taking, and any other claims of Respondents, DIANE P. HAAGA; ROBERT HAAGA; JOHN C. HAAGA, TRUSTEE; LUANNE VER SLUIS HAAGA; PATRICIA PERLSTEIN; and SUSAN HANDVILLE, arising out of the taking of Parcel l15B, in the total amount of Six Hundred Sixty-Five Thousand Five Hundred Twenty and No/100 Dollars ($665 includes the amount of $554,600.00 which was deposited pursuant to the Order May 13, 2003. 52010S~, I~h[t~M NO. .I/,,/~' t T a~ dated 1 6 2003 pc. There are no non-monetary tenThS or other relevant conditions to this offer except that this offer does not include attorneys fees and costs. The construction plans and specifications for the project on which the offer is based have been previously and continue to be made available for the Respondent(s) review upon reasonable notice of such a request. Dated this __ day of October, 2003. OFFICE OF THE COUNTY ATTORNEY Harmon TUrner Building 3301 East Tamiami Trail Naples, Florida 34112 (239) 774-8400 - Telephone (239) 774-0225 - Facsimile BY: HEIDI F. ASHTON, ESQUIRE Florida Bar No. 0966770 ATTORNEY FOR PETITIONER CERTIFICATE OF SERVICE I HEREBY CERTI:FY that a true and correct copy of the foregoing has been furnished to Kenneth A. Jones, Esquire, ROETZEL & ANDRESS, 2320 First Street, Suite 1000, Fort Myers, FL 33901; and E. Glenn Tucker, Esquire, RHODES & TUCKER, P. O. Box 887, Marco Island, FL 34[46 this __ day of October, 2003 via regular United States Mail. HEIDI F. ASHTON, ES(: AGENDA ITElvl NO. it., I( ~ DEC 1 6 2003 Pg. 10 EXECUTIVE SUMMARY AUTHORIZE THE MAKING OF OFFERS OF JUDGMENT FOR PARCELS 117, l18A, 130, 114, 121 AND 122 IN TItE IMMOKALEE ROAD PROJECT (WILSON TO COLLIER BOULEVARD #60018) OBJECTIVE: Approve and authorize the making of Offers of Judgment pursuant to Section 73.032, F.S. for the condemnation of Parcels 117, l18A, 130, 114, 121 and 122 in the Immokalee Road Project (Wilson to Collier Boulevard # 60018). CONSIDERATIONS: Eminent domain actions were filed in December, 2002 and February, 2003 for the acquisition of Parcels 117, l18A, 130, 114, 121 and 122 for fee simple interests. In May of 2003, Orders of Taking were entered by the Circuit Court and the good faith estimate of value for these parcels as listed below were deposited into the Court registry on May 20, 2003. thereby vesting title in the parcels in Collier County. The proposed Offers of Judgment, copies of which are attached as Exhibit "A", offer the property owners 20% above the deposit of the County's good faith estimate of value at the hearing on the Orders of Taking. Proposed Offer Parcel O.T. Deposit of Judgment Difference 117 $ 11,800 $ 14, 160 $ 2.360 I18A 23,500 28,200 4,700 130 53,800 64,560 10,760 114 75,420 90,504 15,084 121 61,900 74,280 12,380 122 2,200 2,640 440 $ 228,620 $ 274,344 $ 45,724 The County Attorney's Office has reviewed all considerations in making the Offers of Judgment and has calculated in good faith these offers of full compensation for the property interests taken. This office considers the terms of the Offers of Judgment to be reasonable. If the property owner rejects the offer of Judgment and the case is settled at an amount below the proposed Offer of Judgment, then the County is not responsible for the owner's expert fees from the date of the rejection of the offer. FISCAL Funds in the amount of $45,724 available in the Road IMPACT: Transportation are Construction Gas Tax Fund. Source of Funds are Gas Taxes. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: That the Board of County Commissioners: 1. Approve the terms of the Offers of Judgment and authorize its service upon R~ ~ ~ b-~-~L~-~ ITEM,---. NO._ DEC 1 6 2003 Pg. o Approve the expenditure of funds as stated; and Approve Stipulated Final Judgments based on the acceptance of the Offers of Judgment including attorney's fees pursuant to Section 73.092(1), F.S. SUBMITTED BY: REVIEWED BY: REVIEWED BY: REVIEWED BY: APPROVED BY: Heidi F. Asht9 ,, Assistant.,.Gonnty Attorney .,~'~~~ ROW P~C~l~4t~on Manager Transpprtafion/ECM/ROW Gregg Strakaluse, P.E., Director Tra~/ECM Norm/Feder, ~~rator Tran[portation Division Davi~l c. Weigel, C~n{~ Attogey- Date: Date: 1! - Iq '0.5 Date: Date: Date: //---- ~ 0 ---0 3 AGENDA.IJEM NO. ~ ¢ DEC 1 6. 2003 pg. A_ IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA CIVIL ACTION COLLIER COUNTY, FLORIDA, a political subdivision of the State of Florida, VS. Petitioner, DIANE P. HAAGA, et al., Respondents. Case No.: Parcel Nos.: 03-0518-CA t17, ll8A& 130 OFFER OF JUDGMENT TO: Janet Romano c/o Kenneth A. Jones, Esquire ROETZEL & ANDRESS 2320 First Street, Suite i000 Fort Myers, FL 33901 PETITIONER, COLLIER COUNTY, FLORIDA, pursuant to Section 73.032, Florida Statutes, and Fla. R.Civ.P. 1.442, does hereby make this binding Offer of Judgment in this action to Respondent, JANET ROMANO, for all compensation, including severance damages, business damages, statutory interest, costs to cure, together with the value of the taking, and any other claims of Respondent, JANET ROMANO, arising out of the taking of Parcels 117, 118A and 130, in the total amount of One Hundred Six Thousand Nine Hundred Twen~ and No/100 Dollars ($106,920.00), which includes the amount of $89,100.00 which was deposited pursuant to the Order of Taking dated May 13, 2003. There are no non-monetary terms or other relevant conditions to this offer except that this offer does not include attorneys fees and costs. AGENDA ITEM NO. /0K DEC 1 6 2003 The construction plans and specifications for the project on which the offer is based have been previously and continue to be made available for the Respondent(s) review upon reasonable notice of such a request. Dated this __ day of October, 2003. OFFICE OF THE COUNTY ATTORNEY Harmon Turner Building 3301 East Tamiami Trail Naples, Florida 34112 (239) 774-8400 - Telephone (239) 774-0225 - Facsimile BY: HEDI F. ASHTON, ESQUIRE Florida Bar No. 0966770 ATTORNEY FOR PETITIONER CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished to Kenneth A. Jones, Esquire, ROETZEL & ANDRESS, 2320 First Street, Suite i000, Fort Myers, FL 33901; and E. Glenn Tucker, Esquire, RHODES & TUCKER, P. O. Box 887, Marco Island, FL 34146 this __ day of October, 2003 via regular United States Mail. HEIDI F. ASHTON, ESQUIRE AGF..NDA ITEM NO. ~ BEC 1 2003 Pg-~ IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA CIVIL ACTION COLLIER COUNTY, FLORIDA, a political subdivision of the State of Florida, VS. Petitioner, CAROLE CONSTRUCTION OF NAPLES, INC.; et al., Respondents. Case No.: 02-5139-CA Parcel No.: 1 t4 / OFFER OF JUDGI~IENT TO: Carole Construction of Naples, Inc. c/o Kenneth A. Jones, Esquire ROETZEL & ANDRESS 2320 First Street, Suite 1000 Fort Myers, FL 33901 PETITIONER, COLLIER COUNT~., FLORDA, pursuant to Section 73.032, Florida Statutes, and Fla. R.Civ.P. i .442, does hereby make this binding Offer of Judgment in this action to Respondent, CAROLE CONSTRUCTION OF NAPLES, iNC., for all compensation, including severance damages, business damages, statutory interest, costs to cure, together with the value of the taking, and any other claims of Respondent, CAROLE CONSTRUCTION OF NAPLES, INC., arising out of the taking of Parcel 114, in the total amount of Ninety Thousand Five Hundred Four and No/100 Dollars ($90,504.00), which includes the amount of $75,420.00 which was deposited pursuant to the Order of Taking dated May 13, 2003. There are no non-monetary terms or other relevant conditions to this offer except that this offer does not include attorneys fees and costs. AGEN .D.A no. DEC 1 6 2003 Pg. The construction plans and specifications for the project on which the offer is based have been previously and continue to be made available for the Respondent(s) review upon reasonable notice of such a request. Dated this day of October, 2003. OFFICE OF THE COUNTY ATTORNEY Harmon Turner Building 3301 East Tamiami Trail Naples, Florida 34112 (239) 774-8400 - Telephone (239) 774-02_5 Facsimile BY: HEDI F. ASHTON, ESQUIRE Florida Bar No. 0966770 ATTORNEY FOR PETITIONER CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished to Kenneth A. Jones, Esquire, ROETZEL & ANDRESS, 2320 First Street, Suite 1000, Fort Myers, FL 33901; and E. Glenn Tucker, Esquire, RHODES & TUCKER, P. O. Box 887, Marco Island, FL 34146 this __ day of October, 2003 via regular United States Mail. HEIDI F. ASHTON, ESQUIRE 3% DEC 1 6 2003 IN TI-YE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA CIVIL ACTION COLLIER COUNTY, FLORDA, a political subdivision of the State of Florida, VS. Petitioner, CAROLE CONSTRUCTION OF NAPLES, INC., et al., Respondents. Case No.: 02-5139-CA Parcel Nos.: 121 & 122 / OFFER OF JUDGMENT TO: St. Paul Antiochian Orthodox Church, Inc. c/o Kenneth A. Jones, Esquire ROETZEL & ANDRESS 2320 First Street, Suite i000 Fort Myers, FL 33901 PETITIONER, COLLIER COUNTY, FLORDA, pursuant to Section 73.032, Flori&z Statutes, and Fla. R.Civ. P. 1.442, does hereby make this binding Offer of Judgment in this action to Respondent, ST. PAUL ANTIOCHIAN ORTHODOX CHURCH, INC., for all compensation, including severance damages, business damages, statutory interest, costs to cure, together with the w_due of the taking, and any other claims of Respondent, ST. PAUL ANTIOCHIAN ORTHODOX CHURCH, INC., arising out of the taking of Parcels 121 and 122, in the total amount of Seventy- Six Thousand Nine Hundred Twenty and No/100 Dollars ($76,920.00), which includes the amount of $64,100.00 which was deposited pursuant to the Order of Taking dated May 13, 2003. There are no non-monetary terms or other relevant conditions to this offer except that this offer does not include attorneys fees and costs. ACaF_NDA iIEM~ NO. ~ ~ [¢:Z ! 6 2003 The construction plans and specifications for the project on which the offer is based have been previoUsly and continue to be made available for the Respondent(s) review upon reasonable notice of such a request. Dated this __ day of October, 2003. OFFICE OF TI-IE COUNTY ATTORNEY Harmon Turner Building 3301 East Tamiami Trail Naples, Florida 34112 (239) 774-8400 - Telephone (239) 774-0225 - Facsimile BY: HEIDI F. ASHTON, ESQUIRE Florida Bar No. 0966770 ATTORNEY FOR PETITIONER CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished to Kenneth A. Jones, Esquire, ROETZEL & ANT)RESS, 2320 First Street, Suite 1000, Fort Myers, FL 33901; Fifth Third Bank, 4099 Tamiami Trail North, Naples, FL 34103; and E. Glenn Tucker, Esquire, RHODES & TUCKER, P. O. Box 887, Marco Island, FL 341.46 this __ day of October, 2003 via regular United States Mail. HEIDI F. ASHTON, ESQUIRE AGENDA ITEM NO. ~ DEC 1 2003 EXECUTIVE SUMMARY APPROVE THE STIPULATED FINAL JUDGMENT RELATIVE TO THE ACQUISITION OF PARCEL 218 IN THE LAWSUIT STYLED COLLIER COUNTY V. KATHRYN HANKINS, ET AL, CASE NO. 99-1296-CA, GOLDEN GATE BOULEVARD PROJECT NO. 63041. .OBJECTIVE: That the Board of County Commissioners approve the Stipulated Final Judgment as full and final compensation to be paid for the acquisition of the easement interest in Parcel 218 for the Golden Gate Boulevard project in the lawsuit styled Collier County v. Kathryn Hankins, et al., Case No. 99-1296-CA. CONSIDERATIONS: On June 30, 2000, an Order of Taking was entered in Collier County Circuit Court regarding the acquisition of Parcel 218 for the Golden Gate Boulevard project (Project No. 63041). On July 17, 2000, Collier County deposited with the Registry of the Court the sum of $400.00 for Parcel 218 in accordance with the Order of Taking. Through negotiations, the parties have reached a settlement agreement whereby the property owner will be fully and fairly compensated for the property interests taken for the public purposes enumerated in the resolution of condemnation (Resolution No. 99-286). The terms of the settlement agreement are set out in the Stipulated Final Judgment (attac:hed as Exhibit "1"). The Stipulated Final Judgment provides for $800.00 to be paid to Respondent, H. R. Moag, Jr., as full compensation for the property rights taken as to Parcel 218. The Stipulated Final Judgment provides that Collier County shall deposit an additional amount of $400.00 with the Court Registry. There are no attorney's fees or costs. Staff has reviewed the County's obligations stated in the Stipulated Final Judgment and considers them to be reasonable. FISCAL IMPACT: Funds in the amount of $400.00 are available from the Transportation Supported Gas Tax and Impact Fee Funds. Source of funds are Gas Taxes and Impact Fees. GROWTH MANAGEMENT IMPACT, Consistent with the Collier County Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners: 2. 3. 4. approve the Stipulated Final Judgment; approve the expenditure of the funds as stated; direct staff to deposit the sum of $400.00 into the Court Registry; and direct payment of $100 service fee to Clerk of Court. SUBMITTED BY: 'H 'eidi~F Ashto ' ant County Attorney Date: REVIEWED BY: REVIEWED BY: REVIEWED BY: APPROVED BY: Date: K~ ~te-~-R-OW Acq~kki~n Manager Transportation/ECM/ROW ./~J Date: Gregg Strakaluse, P.E., Director Transportation/ECM ~~.~. Date: TNrTo~td;t~ ~) nA ~) .r?~ ~iSot :~at °r David C. Weigel, ~'ounty i~)ttomey NO. ~ DEC 1 6 2003 IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCU1T IN AND FOR COLLIER COUNTY, FLORIDA COLLIER COUNTY, FLORIDA a political subdivision of the State of Florida, VS. Petitioner, KATHRYN HANKINS, et al., Respondents. CASE NO.: 00-1296-CA CIVIL ACTION PARCEL: 218 / STIPULATED FINAL JUDGMENT THIS CAUSE having come before the Court upon Joint Motion made by Petitioner, by and through its undersigned counsel, and Respondent, H. R. MOAG, JR., for entry of a Stipulated Final Judgment as to Parcel No. 218, and it appearing to the Court that the parties are authorized to make such Motion, the Court finding that the compensation to be paid by Petitioner is the full compensation due the Respondent, H. R. MOAG, JR., and the Court being otherwise fully advised in the premises thereof, it is thereupon ORDERED AND ADJUDGED that Respondent, It. R. MOAG, JR., have and recover from Petitioner, COLLIER COUNTY, FLORIDA, the sum of Four Hundred and No/100 Dollars ($400.00) for Parcel No. 218 as full payment for the property interests taken and for damages resulting to the remainder, if less than the entire property was taken, business damages, and for all other damages in connection with said parcel; it is further ORDERED that no attorneys fees or other costs shall be awarded in connection with the above cause of action as it relates to Parcel 218; and it is further AGENDA ITEM ..... NO. fSk -~ DEC I 6 2003 ORDERED that the Clerk of this Court shall disburse the total amount of Four Hundred and No/100 Dollars ($400.00) to H. R. Moag, Jr., 1104 Gretchen Lane, Greensboro, NC 27410, less any amounts previously paid for the benefit of Respondent, H. R. MOAG, JR.; and it is further ORDERED that title to Parcel No. 218 drainage, utility and maintenance easement, being fully described in Exhibit "A" attached hereto and incorporated herein, which vested in Petitioner pursuant to the Order of Taking dated June 30, 2000, and the deposit of money heretofore made, is approved, ratified, and confirmed; it is further ORDERED that the Notice of Lis Pendens filed in the above-styled cause and recorded in Official Record Book 2664, Page 2666 of the Public Records of Collier County, Florida be dismissed as to Parcel No. 218; it is therefor DONE AND ORDERED in Chambers at Naples, Collier County, Florida, this day of ,2000. conformed copies to: Heidi F. Ashton, Assistant County Attorney H. R. Moag, Jr. Florida Department of Revenue Internal Revenue Service Avatar Properties, Inc. Collier County Tax Collector Bookkeeping Ted Brousseau Circuit Court Judge AOENDA ITEM No. t ,tf DEC I 6 2003 pg. /4~ JOINT MOTION FOR STIPULATED FINAL ,~tJDGMENT The Parties hereby stipulate and respectfully request this Court to enter the foregoing Stipulated Final Judgment as to Parcel No. 218. Dated: Dated: H. R. MOAG, JR. 1104 Gretchen Lane Greensboro, NC 27410 HEIDI F. ASHTON, ESQUIRE~ Florida Bar No. 0966770 Assistant County Attorney 3301 East Tamiami Trail, 8th Floor Naples, Florida 34112 (941) 774-8400 - Phone (941) 774-0225 - Facsimile Attorney for Petitioner PROJECT NO. 63041 PROJECT PARCEL NO. 218 LF. GALD..E~ N 8LSKETCU (NOTA SURVEY) EXJ'IFJlT "N' s The Nodh 15 feet of the South 65 feet of the West 75 feet of the East 150 feet of Tract 95, Golden Gate Estates Unit No. 7, as recorded In Plat Book 4, Page [¢5 of the Public Records of Collier County, Florida, ./~'//'. _~W.EST PROPERly LiNE NORTH PROPER'If LINE 75 FEET EA__._._~8~PROPERTfLINE__ .N EXISTING RAN LINE AND M~INTENANCE EASEMENT ~o~oE..^~'.'.~V, i ,'Tf' '; !' I,',,I ." ,~ ' ;'' ' -- :': [EXlSftl'te 50 FT. ~ EASEMEN~i · . ' ~il i " ROPEff~y LINE SCALE; 1 Inch ,~ l~feet AGENDA ITEM ,-~ NO. lb IT DEC 1 6 2O03' EXECUTIVE SUMMARY APPROVE THE STIPULATED FINAL JUDGMENT RELATIVE TO THE ACQLTISITION OF PARCEL 203 IN THE LAWSUIT STYLED COLLIER COUNTY V. DOUGLAS TERRY, ET AL, CASE NO. 00-1297-CA, GOLDEN GATE BOULEVARD PROJECT NO. 63041. OBJECTIVE: That the Board of County Commissioners approve the Stipulated Final Judgment as full and final compensation to be paid for the acquisition of the easement interest in Parcel 203 for the Golden Gate Boulevard project in the lawsuit styled Collier County v. Douglas Terry, et al., Case No. 00-1297-CA. CONSIDERATIONS: On June 30, 2000, an Order of Taking was entered in Collier County Circuit Court regarding the acquisition of Parcel 203 for the Golden Gate Boulevard project (Project · No. 63041). On July 17, 2000, Collier County deposited with the Registry of the Court the sum of $600.00 for Parcel 203 in accordance with the Order of Taking. Through negotiations, the parties have reached a settlement agreement whereby the property owners will be fully and fairly compensated for the property interests taken for the public purposes enumerated in the resolution of condemnation (Resolution No. 99-285). The terms of the settlement agreement are set out in the Stipulated Final Judgment (attached as Exhibit "l"). The Stipulated Final Judgment provides for $2000.00 to 'be paid to Respondents, Douglas Terry, Duane Terry, and the Estate of David Terry, as full compensation for the property rights taken as to Parcel 203. The Stipulated Final Judgment provides that Collier County shall deposit an additional amount of $1400.00 with the Court Registry. There are no attorney's fess or costs. Staff has reviewed the County's obligations stated in the Stipulated Final Judgment and considers them to be reasonable. FISCAL IMPACT: Funds in the amount of $1400.00 are available from the Transportation Supported Gas Tax and Impact Fee Funds. Source of funds are Gas Taxes and Impact Fees. GROWTH MANAGEMENT IMPACT: Consistent with the Collier County Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners: 2. 3. 4. approve the Stipulated Final Judgment; approve the expenditure of the funds as stated; direct staff to deposit the sum of $1400.00 into the Court Registr,. direct payment of $100 service fee to Clerk of Court. SUBMITTED BY: REVIEWED BY: REVIEWED BY: REVIEWED BY: APPROVED BY: Heidi F. A~c~Assistant County Attorney ~~/~/~ Date: fin- l~e?~qllqrc ~s. ~RO w~6~qui si ti on Man age r Transportation/ECM/ROW Gregg Strakaluse, P.E., Director Transportation/ECM _. _ // Date: David C We~gel, ~rounty ~omey IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA COLLIER COUNTY, FLORDA A political subdivision of the State of Florida, Petitioner, VS. DOUGLAS TERRY, et al., Respondents. CASE NO. 00-1297-CA CIVIL ACTION PARCEL: 203 STIPULATED FINAL JUDGMENT TI-HS CAUSE having come before the Court upon Joint Motion made by Petitioner, by and through its undersigned counsel, and Respondents, DOUGLAS TERRY, individually and as personal representative of the Estate of David Terry, and DUANE TERRY, for entry of a Stipulated Final Judgment as to Parcel No. 203, and it appearing to the Court that the parties are authorized to make such Motion, the Court finding that the compensation to be paid by Petitioner is the full compensation due the Respondents, DOUGLAS TERRY, individually and as personal representative of the Estate of David Terry, and DUANE TERRY, and the Court being otherwise fully advised in the premises thereof, it is thereupon ORDERED AND ADJUDGED that Respondents, DOUGLAS TERRY, individually and as personal representative of the Estate of David Terry, and DUANE TERRY, have and recover from Petitioner, COL1.1ER COUNTY, FLORDA, the sum of Two Thousand and No/100 Dollars ($2,000.00) for Parcel No. 203 as full payment for the property interests taken and for damages resulting to the remainder, if less than the entire property was taken, business dar other damages in connection with said parcel; it is further ORDERED that no attorneys fees or other costs shall be awarded in connection with the above cause of action as it relates to Parcel No. 203; and it is further ORDERED that Petitioner shall deposit an additional One Thousand Four Hundred and No/100 Dollars ($1400.00) into the Court Registry subject to approval of the Board of County Commissioners within thirty (30) days of the date of this Stipulated Final Jud~m-nent; it is further ORDERED that the Clerk of this Court shall disburse the total amount of Two Thousand and No/100 Dollars ($2,000.00) to Respondents, Douglas Terry, Duane Terry and the Estate of David Terry, c/o Douglas Terry, 31552 Trail Ridge, Steamboat Springs, CO 80488, less any amounts previously paid for the benefit of Respondents, Douglas Terry, Duane Terry and the Estate of David Terry; it is further ORDERED that title to Parcel No. 203, right-of-way, drainage and utility easement, being fully described in Exhibit "A" attached hereto and incorporated herein, which vested in Petitioner pursuant to the Order of Taking dated June 30, 2000, and the deposit of money heretofore made, is approved, ratified, and confirmed; it is further ORDERED that the Notice of Lis Pendens filed in the above-styled cause and recorded in Official Record Book 2664, Page 2633 of the Public Records of Collier County, Florida be dismissed as to Parcel No. 203; it is therefor DONE AND ORDERED in Chambers at Naples, Collier County, Florida, this __ day of ,2003. Ted Brousseau Circuit Court Judge conformed copies to: Heidi F. Ashton, Assistant County Attorney Douglas Terry, individually and as personal representative of the Estate of David Terry Duane Terry Avatar Properties, Inc. Collier County Tax Collector ,/OINT MOTION FOR. ~]]'II?ULAI'ED FINAl, JUDG~T The Parties hereby stipulate and respectful}y r,~ioest this Court to enter the for :gmng StiPulated Final Judgment as to Pan:el 203. This Joint Motion for Stipulated Final Judgment may Be signed in counterparts. Dated: ./ .. / r. a..OefsOnal Repr6sentabv¢ of the Estate of David Terry 31552 Trail Ridge Steamboat Spnngs, CO 80488 Dated: ~'~A NE TERRY 2807 Oak Park Austin, TX 7870a Dated: H2EIDI F. ASFITON, ESQUIRE Florida B a~ No. 0966770 Assistant County A~tomey 3301 Eas'c Tamiami Trml, 8m Floor Naples, Florida 34I 12 (941) 754-8400 - Phone (941) 7'/44)225 - Facsimile Attorney for Petitioner HO. /[~.C,~Z.L i Pg. g'd ~99L-6LS-OL6 xx ~81:60 ~0 D! now ...../ JE. CT NO. 63041 PROJECT PARCEL NO. 203 LEGAL DE$C, RIPTION &~ (NOT A SURVEY)' The South 25 feet of the North 75 feet of the East 105 feet of Tract 48, LESS the East 30 feet thereof, Golden Gate Estates Unit No.8, as recorded in Plat Book 4, Page 97 of the Public Records of Collier County, Florida. hlORTH PROPE~RTY LINE ~¥EST ?SFEET '~OFT SOUTH PROPERTY LINE_~--L 30 FTi SCALE: 'i Inch = 100 leel (EXlSTII,~G 50 FT, RNV EA§EMENT) EXISTIIIG Rte LILIES N .: <i:-'".' ' '" .,., . ~. 3301 EAST i~l~ TRAIL ' EXECUTIVE SUMMARY RECOMMENDATION THAT THE BOARD APPROVE A RETENTION AGREEMENT FOR LEGAL SERVICES ON AN "AS NEEDED" BASIS WITH THE LAW FIRM OF NABORS, GIBLIN & NICKERSON, P.A., TO MEET COUNTY PURCHASING POLICY CONTRACT UPDATE REQUIREMENTS. OBJECTIVE: The Board approve a Retention Agreement With Nabors, Giblin & Nickerson, P.A. for outside legal services on an "as needed" basis. CONSIDERATIONS: Attached for the Board's approval is a Retention Agreement with the law firm of NABORS, GIBLIN & NICKERSON, P.A., ("Nabors, Giblin") which is a law firm used by the County on an as-needed basis to provide specialized legal services. The contract does not address .any specific project or assignment, but rather sets forth the criteria under which payment will be made when services are requested. Although this firm has a wide array of legal expertise, the County generally requests services on tin as-needed basis in the area of local government bonds and finance, legislative matters, home rule, taxation, impact fees and utilities. The rates charged by the law firm vary, as with any law firm, depending upon the attorney working on the matter and the other resources that are necessary to provide the County with the services it requests. Although this firm has increased its rates slightly over the prior agreement, the firm previously had agreed that the increased rates would not be charged to the County under past agreement renewals and would only be effective when it was necessary to revise the contract. Slightly increased rates are therefore reflected in the attached agreement. The agreement also provides for reimbursement of actual out-of-pocket expenses to make clear that lodging and traveling expenses are to be paid in accordance with Section 112.061, Florida Statutes, which is the section applicable to travel by County personnel. FISCAL IMPACT: The approval and execution of the attached retention agreement has no fiscal impact in and of itself but there will be a fiscal impact in accordance with the terms and conditions of such contracts, upon the County's request for legal services. Such fiscal impact will be determined on an hourly basis at the rate of the attorney working on the request or project or a declining fixed rate for bond issues based upon size of issue and will include appropriate reimbursable expenses including travel and per diem expenses in accordance with Section 112.061, Florida Statutes. GROWTH MANAGEMENT IMPACT: None AGENDA ITEM No. 16(K)('~ )__ December 16, 2003 Page l__ RECOMMENDATION: That the Board approve and authorize the Chairman to execute the attached retention agreement with the law firm of NABORS, GIBLIN & NICKERSON, P.A. for specialized legal services requested on an as-needed basis. Approved by: David C. Weigel County Attorney DCW/dda/H/exec summ/2003/re Nabors, Giblin Continuing Retention Agreement Date AGENDA ITEM No._ 16(K)(z~) December 16, 2003 Page2_2__ RETENTION AGREEMENT WITH NABORS~GIBLIN & NICKERSON~ P.A. This Retention Agreement is made by and between the Board of County Commissioners of Collier County, Florida (the "County"), and the law firm of Nabors, Giblin & Nickerson, P.A., of Tampa and Tallahassee, Florida CNabors, Giblin"). Whereas, Nabors, Giblin has special expertise and resources in a wide range of legal matters, with particular expertise in local government law, including taxation and revenue, bonds and finance, legislative matters, impact fees and utilities; and Whereas, the County from time to time has a requirement and need for legal services which are particularly within the expertise of Nabors, Giblin. Now, Therefore, in consideration of the premises contained herein, the County hereby hires and retains Nabors Giblin and Nabors Giblin hereby agrees to provide legal services to County. ARTICLE 1 COMPENSATION; METHOD OF PAYMENT 1.1 Compensation shall be paid to Nabors, Giblin in accordance with the terms set forth in Exhibit A, and Exhibit B, attached hereto and made a part hereof. Requirements for reimbursable expenses are set forth in Exhibit C, attached hereto and made a part hereof. Expenses other than automobile expenses must be documented by copies of paid receipts or other evidence of payment. The Certificate contained in Exhibit D must be included with every invoice submitted for payment. Page 1 of 23 AGENDA ITEM No..16(K)('~ )__ December 16, 2003 Page --~ 1.2 1.3 The rates set forth in Exhibits A and B shall remain in effect without change for a minimum of three (3 years) from the effective date of this Agreement. In the fourth and fifth years of the Agreement, upon the request of Nabors, Giblin, the County Attorney is authorized to negotiate to increase the hourly rate up to a maximum of ten (10) per cent without approval by the Board of County Commissioners. In the negotiation process, Nabors, Giblin must substantiate the reason the request is being made (i.e. market conditions, increase in CPI, etc.) Multiple Attorney Assignments. The County acknowledges that, from time to time, it may be advisable for Nabors Giblin to assign more than one attorney to a project or case. Nevertheless, in order to ensure that such multiple attorney assignments are efficient and cost-effective for the County, Nabors following procedures and billing limitations for multiple attorney Giblin agrees to the assignments. 1.3.1 1.3.2 A primary attorney will be identified for such projects or cases and that attorney will be the sole contact attorney for the County, except in the case of an emergency or the County's written' pre-approval. In practice, this means that generally only the primary attorney will meet or communicate directly with County personnel or attend meetings, court, arbitrations, mediations or other proceedings on behalf of the County. Attorneys assigned to a project or case other than the primary attorney will be less senior attorneys with lower billing rates unless the additional attorney(s) Page 2 of 23 AGENDA ITEM No... 16(K)( ~)__ December 16, 2003 Page q 1.4 1.3.3 has/have a demonstrated expertise that will demonstrably enhance the value and efficiency of the legal services being provided to the County. Nabors Giblin agrees that internal or in-house conferences among multiple attorneys assigned to a project or case shall be kept to the absolute minimum necessary for the provision of the legal services in question. To the extent internal or in-house conferences among multiple attorneys assigned to a project or case are necessary, each such attorney may bill at his or her customary rate for up to thirty (30) minutes for any such conference. To the extent such a conference exceeds thirty (30) minutes in length, Nabors Giblin'agrees that it will discount the total billings for all attorneys involved in the conference by forty-five (45) percent. For example, if three (3) attorneys meet in conference for thirty (30) minutes and each such attorney bills at $200.00 per hour, the total billing to the County for that conference shall be $300.00. If the same three (3) attorneys meet for two (2) hours in conference, however, the total billing to the County shall be calculated as follows: three (3) attorneys times two (2) hours times $200.00 equals $1,200.00 discounted by 45% equals total billing of $740.00. Nabors, Giblin understands and agrees that its compensation relating to bond issues and financing shall be contingent upon the consummation of the applicable financing transaction (i.e., the issuance and sale of the financial instruments) unless otherwise set forth in Exhibit A. Nabors, Giblin further agrees that its fees for refunding of prior bond Page 3 of 23 AGENDA ITEM No. 16(K)(~ ) December 16, 2003 Page_ _~ 1.5 1.6 1.7 issues shall be the same as a new issue of bonds, unless otherwise set forth in Exhibit A. Nabors, Giblin shall submit invoices for compensation no later than sixty (60) days after the issuance of the bonds, notes or other financial instrument. Nabors, Giblin may submit invoices for hourly work assignments pursuant to Exhibit B only after the services for which the invoices are submitted have been completed or expenses incurred. An original invoice plus one copy is due within fifteen (15) days of the end of the month, except the final invoice which must be received no later than sixty (60) days after the work is completed or the expiration of this Agreement. To be deemed proper, all invoices must comply with the requirements set forth in this Agreement and must be submitted on the form and pursuant to the instruction prescribed by County. Payment may be withheld for failure of Nabors, Giblin to comply with a term, condition, or requirement of this Agreement. Payment shall be made to Nabors, Giblin at: Nabors, Giblin & Nickerson, P.A. 1500 Mahan Drive Suite 200 Tallahassee, Florida 32308 2.1 ARTICLE 2 BOND COUNSEL - SCOPE OF WORK Nabors, Giblin shall serve as bond counsel to the County in connection with the issuance of Bonds. The duties of Nabors, Giblin as bond counsel shall include the following: Page 4 of 23 AGENDA ITEM No. _. 16(K)(~) December 16, 2003 Page ~ 2.1.1 2.1.2 2.1.3 2.1.4 2.1.5 2.1.6 2.1.7 Review and advise the County as to the legal feasibility of any financing program proposed by the County's Finance Committee and advise as to the compliance with applicable law and pending or proposed revision in the law, including U.S. Treasury regulations. Reviewing any conduit bond issues for compliance with all applicable securities and tax law and regulations. Advise as to procedures, required approvals and filings, schedule of events for timely issuance, potential cost-saving techniques and other legal matters relative to the Bondsl whether the financing is undertaken by competitive bid or negotiated sale. When requested, attend conferences of County officials, staff members, the County's Financial Advisor, and if a negotiated sale is undertaken, representatives of the selected underwriters. When requested, attend meetings of the Board of County Commissioners. Prepare bond documents and any amendments thereto to authorize the issuance of the Bonds. Prepare any trust indenture, escrow deposit agreement, trustee or paying agent agreement, and any other agreements or similar documents necessary, related or incidental to the financing. Page 5 of 23 AGENDA ITEM No ..... 16(K)('~ )__ December 16, 2003 Page_ 2.1.8 2.1.9 2.1.10 2.1.11 2.1.12 2.1.13 Prepare all pleadings (e.g., complaint, notice of service, proposed answer, memorandum of law, proposed order, etc.) and conducting the validation heating of any appeals related thereto or arising therefrom. Review the transcript of all proceedings in connection with the foregoing and indicating any necessary corrective action. If sale is by competitive bid, assist in the preparation of the bid documents, notice of sale, evaluation of bids and any other documentation or action necessary to conduct a sale of the Bonds in the matter. Review of the preliminary official statement and final official statement and preparation of the award resolution, any amendments thereto, for the sale of the Bonds and review of the bond purchase agreement, if any. Prepare, obtain, deliver and file all closing papers necessary in connection with the sale and issuance of the Bonds, including, but not limited to, certified copies of all minutes, ordinances, resolutions and orders; certificates such as officers, seal, incumbency, signature, no prior pledge, arbitrage and others; and verifications, consents and opinions from accountants, engineers, special consultants and attorneys. Issue standard, comprehensive bond counsel opinion as to the legality of the bonds, the security of their payment and the exemption from federal income taxation of the interest on the Bonds, as well as the customary opinion as to the accuracy of the Official Statement. Page 6 of 23 AGENDA ITEM No., 16(K)( December 16, 2003 Page ARTICLE 3 INSURANCE 3.1 3.2 3.3 In order to insure the indemnification obligation contained above, Nabors, Giblin shall as a minimum, provide, pay for, and maintain in force at all times during the term of this Agreement, professional liability insurance in an amount not less than Three Million Dollars ($3,000,000.00) Per Occurrence, Combined Single Limits. If any liability insurance obtained by Nabors, Giblin to comply with the insurance requirements contained herein is issued on a "claims made" form as opposed to an "occurrence" form, the retroactive date for coverage shall be no later than the commencement date of the assigned work to which this Agreement applies, and such insurance shall provide, in the event of cancellation or non-renewal, that the discovery period for insurance claims (tail coverage) shall not be less than three years following the completion of the assigned work and acceptance by the County. Such policy or policies shall be issued by United States Treasury approved companies authorized to do business in the State of Florida, and having agents upon whom service of process may be made in Collier County, Florida. Nabors, Giblin shall furnish to the Risk Management Director Certificates of Insurance or endorsements evidencing the insurance coverages specified by this Article prior to beginning performance of work under this Agreement. Page 7 of 23 AGENDA ITEM No. 16(K)('-'~) December 16, 2003 Page_ c~ 4.1 4.2 4.3 5.1 ARTICLE 4 TERM AND TIME OF PERFORMANCE The term of this Agreement shall be for a period of three years to begin November 18, 2003 and to end on November 17, 2006, unless terminated earlier in accordance with the provisions of this Agreement. Absent notice of intent to terminate, the Agreement may be renewed upon mutual consent of the parties for two (2) additional terms of one (1) year each. (In the event the term of this Agreement extends beyond a single fiscal year of County, the continuation of this Agreement beyond the end of any fiscal year shall be subject to the availability of funds from County in accordance with Chal~ter 129, Florida Statutes.) Time shall be deemed to be of the essence in performing the duties, obligations and responsibilities by this Agreement. Any amendments, alterations, variations, modifications or waivers of provisions of this Agreement shall only be valid when they have been reduced to writing, duly signed by both parties hereto, and attached to the original of this Agreement. ARTICLE 5 TERMINATION This Agreement may be terminated by either party for cause upon ten (10) days' notice or by the County for convenience upon no less than thirty (30) days' advance written notice in accordance with the "NOTICES" section of this Agreement. Page 8 of 23 AGENDA ITEM No. 16(K)(~).__ December 16, 2003 Page I 0 5.2 5.3 6.1 Termination of this Agreement for cause shall include, but not be limited to, failure to suitably perform the work, failure to continuously perform the work in a manner calculated to meet or accomplish the objectives of County as set forth in this Agreement, or multiple breach of the provisions of this Agreement notwithstanding whether any such breach was previously waived or cured. In the event this Agreement is terminated for convenience, Nabors, Giblin shall be paid for any services performed to the date the Agreement is terminated; however, upon being notified of County's election to terminate, Nabors, Giblin shall refrain from performing further services or incurring additional expenses under the term of this Agreement. Nabors, Giblin acknowledges and agrees that Ten Dollars ($10) of the compensation to be paid by County, the adequacy of which is hereby acknowledged by Nabors, Giblin, is given as specific consideration to Nabors, Giblin for County's right to terminate this Agreement for convenience. Nabors, Giblin's obligations to the County as provided for hereunder shall cease upon termination, except for participating in an orderly and professional transfer of such responsibilities and files or copies of files to the County or its designee. ARTICLE 6 RECORD AUDIT AND INSPECTION County shall have the right to audit the books and records of Nabors, Giblin pertinent to the funding under this Agreement. Nabors, Giblin shall preserve and make available, at reasonable times for examination and audit by County, all financial records, supporting Page 9 of 23 AGENDA ITEM No. 16(K)(~'D ) December 16, 2003 Page ~ X 6.2 documents, and other documents pertinent to this Agreement for a period of three (3) years after termination of this Agreement or, if any audit has been initiated and audit findings have not been resolved at the end of the three years, the books and records shall be retained until resolution of the audit findings. If the Florida Public Records Act (Chapter 119, Fla. Stat.) is determined by County to be applicable to Nabors, Giblin's records, Nabors, Giblin shall comply with all requirements thereof, however, no confidentiality or non-disclosure requirement of either federal or state law shall be violated by Nabors, Giblin. ARTICLE 7 CONFLICT OF INTEREST 7.1 7.2 7.3 Nabors, Giblin states that it is familiar with and will comply with the terms and conditions of Chapter 112, Part IH, Florida Statutes (Code of Ethics). It is important that Nabors, Giblin be independent and impartial in order to properly conduct its services to the County. Nabors, Giblin shall not act as counsel in any lawsuit or other adversary proceeding in which County is named as an adversary party or in which Nabors, Giblin takes an adverse position to the County. Neither Nabors, Giblin nor its employees shall have or hold any continuing or frequently recurring employment or contractual relationship that is substantially antagonistic or incompatible with Nabors, Giblin's loyal and conscientious exercise of judgment related to its performance under this Agreement. Page 10 of 23 AGENDA ITEM No. _ 16(K)('~ )__ December 16, 2003 Page I Z- 7.4 7.5 8.1 In the event Nabors, Giblin is permitted to utilize subcontractors, herein, to perform any services required by this Agreement, Nabors, Giblin agrees to prohibit such subcontractors, by written contract, from having any conflicts as within the meaning of this section. If at any time Nabors, Giblin's firm represents a client in matters having to do with the Collier County government, be it before the Board of County Commissioners or any other agency or division of Collier County government, Nabors, Giblin will contact the County Attorney's Office before undertaking such representation so that it can be determined whether a conflict of interest exists. ARTICLE 8 INDEMNIFICATION Nabors, Giblin acknowledges and agrees that Ten Dollars ($10.00) of the compensation to be paid by County, the adequacy of which is hereby acknowledged by Nabors, Giblin, is given as specific consideration to Nabors, Giblin so that Nabors, Giblin shall at all times hereafter indemnify, hold harmless and, at County's option, defend or pay for an attorney selected by County to defend County, its officers, agents, servants, and employees against any and all claims, losses, liabilities, and expenditures of any kind, including attorney fees, court costs, and expenses, caused by negligent act or omission of Nabors, Giblin, its employees, agents, servants, or officers, or accruing, resulting from, or related to the subject matter of this Agreement including, without limitation, any and all claims, demands or causes of action of any nature whatsoever resulting from injuries or Page 11 of 23 AGENDA ITEM No.. 16(K)(~)__ December 16, 2003 Page_ 13 9.1 damages sustained by any person or property. The provisions of this section shall survive the expiration or earlier termination of this Agreement. To the extent considered necessary by County, any sums due Nabors, Giblin under this Agreement may be retained by County until all of County's claims for indemnification pursuant to this Agreement have been settled or otherwise resolved; and any amount withheld shall not be subject to payment of interest by County. ARTICLE 9 OWNERSHIP OF DOCUMENTS Any and all reports, photographs, surveys, and other data and documents provided or created in connection with this Agreement are and shall remain the property of County. In the event of termination of this Agreement, any reports, photographs, surveys, and other data and documents prepared by Nabors, Giblin, whether finished or unfinished, shall become the property of County and shall be delivered by Nabors, Giblin to the County within seven (7) days of termination of this Agreement by either party. Any compensation due to Nabors, Giblin shall be withheld until all documents are received as provided herein. 10.1 ARTICLE 10 INDEPENDENT CONTRACTOR Nabors, Giblin is an independent contractor under this Agreement. Services provided by Nabors, Giblin shall be subject to the supervision of Nabors, Giblin, and such services Page 12 of 23 AGENDA ITEM No. _16(K)(~)__ December 16, 2003 Page 1 q 11.1 11.2 1 1.3 shall not be provided by Nabors, Giblin as officers, employees, or agents of the County. The parties expressly acknowledge that it is not their intent to create any rights or obligations in any third person or entity under this Agreement. ARTICLE 11 NONDISCRIMINATION, EQUAL OPPORTUNITY AND AMERICANS WITH DISABILITIES ACT Nabors, Giblin shall not unlawfully discriminate against any person in its operations and activities in its use or expenditure of the funds or any portion of the funds provided by this Agreement and shall affirmatively comply with all applicable provisions of the Americans with Disabilities Act (ADA) in the course of providing any services funded in whole or in part by County, including Titles I and II of the ADA (regarding nondiscrimination on the basis of disability), and ali applicable regulations, guidelines, and standards. Nabors, Giblin's decisions regarding the delivery of services under this Agreement shall be made without regard to or consideration of race, age, religion, color, gender, sexual orientation national origin, martial status, physical or mental disability, political affiliation, or any other factor which cannot be lawfully or appropriately used as a basis for service delivery. Nabors, Giblin shall comply with Title I of the Americans with Disabilities Act regarding nondiscrimination on the basis of disability in employment and further shall not discriminate against any employee or applicant for employment because of race, age, Page 13 of 23 AGENDA ITEM No. 16(K)( December 16, 2003 Page 1 1.4 11.5 religion, color, gender, sexual orientation, national origin, marital status, political affiliation, or physical or mental disability. In addition, Nabors, Giblin shall take affirmative steps to ensure nondiscrimination in employment against disabled persons. Such actions shall include, but not be limited to, the following: employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff, termination, rates of pay, other forms of compensation, terms and conditions of employment, training (including apprenticeship), and accessibility. Nabors, Giblin shall take affirmative action to ensure that applicants are employed and employees are treated without regard to race, age, religion, color, gender, sexual orientation, national origin, marital status, political affiliation, or physical or mental disability during employment. Such actions shall include, but not be limited to, the following: employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff, termination, rates of pay, other forms of compensation, terms and conditions of employment, training (including apprenticeship), and accessibility. Nabors, Giblin shall not engage in or commit any discriminatory practice in performing the Scope of Services or any part of Scope of Services of this Agreement. ARTICLE 12 NOTICES 12.1 Whenever either party desires to give notice to the other, such notice must be in writing, sent by registered or certified United States Mail, postage prepaid, return receipt requested, or by hand-delivery, addressed to the party for whom it is intended at the place Page 14 of 23 AGENDA ITEM No. 16(K)(~ )__ December 16, 2003 Page 16, last specified. The place for giving notice shall remain the same as set forth herein until changed in writing in the manner provided in this section. For the present, the parties designate the following: FOR COLLIER COUNTY: David C. Weigel, County Attorney Government Center 3301 Tamiami Trail East Naples, Florida 34112 FOR NABORS~ GIBLIN: L. Thomas Giblin Nabors, Giblin & Nickerson, P.A. 2502 Rocky Point Drive Suite 1060 Tampa, Florida 33067 13.1 13.2 ARTICLE 13 MISCELLANEOUS WAIVER OF BREACH AND MATERIAL1TY Failure by County to enforce any provision of this Agreement shall not be deemed a waiver of the provision or modification of this Agreement. A waiver of any breach of a provision of this Agreement shall not be deemed a waiver of any subsequent breach and shall not be construed to be a modification of the terms of this Agreement. COMPI.IANCE WITH LAWS Page 15 of 23 AGENDA ITEM . K~ No. 16( ){____)~ December 16, 2003 Page_ 1 7 13.3 13.4 Nabors, Giblin shall comply with all federal, state, and local laws, codes, ordinances, rules, and regulations in performing its duties, responsibilities, and obligations related to this Agreement. SEVERANCE In the event a portion of this Agreement is found by a court of competent jurisdiction to be invalid, the remaining provisions shall continue to be effective unless County and Nabors, Giblin elect to terminate this Agreement. The election to terminate this Agreement based upon this provision shall be made within seven (7) days after the finding by the court becomes final. APPLICABLE LAW AND VENUE, This Agreement shall be interpreted and construed in accordance with and governed by the laws of the State of Florida. Venue for litigation concerning this Agreement shall be in Collier County, Florida. 13.5 PRIOR AGREEMENTS This document supercedes all prior negotiations, correspondence, conversations, agreements, and understandings applicable to the matters contained herein and the parties agree that there are no commitments, agreements or understandings concerning the subject matter of this Agreement that are not contained in this document. Accordingly, the parties agree that no deviation from the terms hereof shall be predicated upon any prior representations or agreements, whether oral or written. It is further agreed that no Page 16 of 23 AGENDA ITEM No. 16(K)(~) December 16, 2003 Page I g 13_5 13.6 PRiOR AGREEMENTS This document supercedes all prior negotiations, correspondence, conversations, agreements, and understandings applicable to the matters contained herein and the parties agree that there are no commitments, agreements or understandings concerning the subject matter of this Agreement that are not contained in this document. Accordingly, the parties agree that no deviation from the terms hereof shall be predicated upon any prior representations or agreements, whether oral or written. It is further agreed that no modification, amendment or alteration in the terms or conditions contained herein shall be effective unless contained in a written document m accordance with Artmle 4 above. INCORPORATION BY REFERENCE The truth and accuracy of each ::Whcreas" clause set/brth above is acknowledged by the parties. The attached Exhibits A, B, C and D are incorporated into and made a part of this Agreement_ DATE: ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: TONI HENNING, CHAIRMAN Approved as to form and legal sufficiency David C_ Weigel d~) County Attorney Page AGEI~::)A fi. EM ~ DEC 1 6 2003 pg. I<:::] DATE: NABORS, GIBLIN, & NICKERSON, P.A. By: Its: STATE OF FLORIDA COUNTY OF The foregoing Retention Agreement ~vas acknowledged before me this 5W~day of /~~~ 2003, by ~ c~_ /q~ as ~f Sabots, Giblin & Nickerson, P.A., a Florida Professional Association, on behalf of the p rotkssional association_ He/she is personally known to me or-produced -~n. Signature of Ndta~ Pubic -- Name of Notary Public typed, printed or My Commission Expires: Page I,~ of 2..~ AC~..NDA DEC 1 6 2003 Pg. ~_.0 EXHIBIT A SizeFFype of Issue Bond issue - First $50,000 Bond issue - Second $50,000 Bond issue - Over $100,000 Bank Loan Fee $1.00 per bond $0.75 per bond $0.25 per bond $15,000 flat fee NOTES: In the context of the above, a Bond is a $1,000 increment of the principal amount of Bonds issued. Payment of the fee described herein shall be contingent upon successful issuance of the Bonds. Depending on the complexity, or lack thereof, of the legal work associated with the issuance of Bonds, the above fee schedule can be adjusted up or down upon the written consent of both parties. Page 19 of 23 AGENDA ITEM No. 16(K)( _) December 16, 2003 Page 2.1 EXHIBIT B For professional services rendered, Nabors, Giblin's fee shall be based on the hourly rate as follows: $200.00 per hour for services provided by principals; $175.00 per hour for services provided by associates; $ 70.00 per hour for services provided by law clerks & paralegals. Nabors, Giblin's fee shall not exceed $100,000.00 without the approval of the Board of County Commissioners. Any expenditure beyond the initial $100,000.00 approval by the Board of County Commissioners, must have Board approval prior to work being performed. (Where appropriate a "not to exceed" sum shall be agreed to when each assignment is made to Nabors, Giblin.) In the event that Nabors, Giblin is required or requested to perform any additional or extraordinary services not herein contemplated, Nabors, Giblin shall be entitled to apply for additional compensation, the amount of which shall be subject to the approval of County and no such additional compensation in excess of the amount herein stated shall be paid unless specifically authorized in advance by County in its sole discretion. Nabors Giblin shall provide, at no cost to County, the annual response to County's auditors regarding pending or threatened litigation. The auditors typically request information regarding all litigation, claims and assessments considered to be material. The response should include the nature of the litigation, the progress of the case to date, an estimate of the amount or range of potential loss, and any other information considered necessary to explain the case. Nabors Giblin shall provide said response within 30 days of receipt of the request. NOTES: Divisions, or departments within such divisions, shall be responsible and pay for legal counsel services relating to litigation and outside counsel specifically for cases, matters or issues relating to such division or department, as determined by the County Attorney in coordination with the County Manager. Page 20 of 23 AGENDA ITEM No. _16(K)( ~..__ December 16, 2003 Page 7_.Z. EXHIBIT C In addition to the charges for professional fees set forth in Exhibits A and B, and the Schedules attached hereto, County shall reimburse Nabors, Giblin for out-of-pocket expenses reasonably incurred in the course of rendering such legal services, including costs of long distance calls, printing, costs of reproduction, and necessary travel expenses incurred in accordance with the requirements of Chapter 112, F.S. Nabors, Giblin shall not charge for travel of attorneys between its offices so that it can provide the best available and most appropriate lawyer in any of its office locations for the issues involved. Nabors, Giblin shall submit invoices on a monthly basis for the payment of out-of- pocket expenses. Each invoice shall include a signed certificate listing all costs, expenses, vouchers, invoices and other documentary evidence that will describe in reasonable detail the basis for expenditures for which reimbursement is sought as set forth below. 3. REQUIREMENTS The following represents Collier County's payment requirements for legal costs ~ Your federal employee identification number must be on all invoices submitted. No service, interest, or other charge of like nature is to be imposed with regard to any item, invoice, or request. All firms doing business with Collier County must have a current W-9 "Request for Taxpayer Identification Number and Certification" on file. Services rendered must be specifically and concisely identified, as well as the bond issue or financing transaction for which the services were rendered. Names of persons performing services, hourly rates, and dates must be listed. The County agrees to reimburse Nabors, Giblin for retention and utilization of sub-consultants. Page 21 of 23 AGENDA ITEM No. 16(K)(~) . December 16, 2003 Page_ Z.'~ . Reimbursable expense must be verified by attached receipts or copies thereof. Claims for mileage and meals cannot exceed statutory allowance as provided for under Chapter 112, F.S. (mileage $0.29 per mile; breakfast $3.00; lunch $6.00; dinner $12.00). Meals and mileage cannot be charged unless the professional has traveled outside the county of the principal business location. Claims for lodging at single rate (actual cost) must be substantiated by paid bill or charge. Car rentals required for travel should include compact or standard-size vehicles only. Common carrier travel shall be reimbursable at tourist or coach class fares only. Accounting Division requires original receipts, or copies of receipts which have been individually certified to be true copies of the originals. In addition the Certificate contained in Exhibit D must accompany each invoice. The certifying person must sign the Certification form and a description provided of the items, which are certified. Faxes shall not be reimbursed Legal Research costs (Lexis-Nexis, Westlaw, etc.) shall not be reimbursed. Page 22 of 23 AGENDA ITEM No. _I6(K)(~ December 16, 2003 Page 7_ q EXHIBIT D CERTIFICATE IT IS HEREBY CERTIFIED that: 1. has been duly designated as special counsel to render legal services or provider of services for or on behalf of Collier County; 2. Each of the documents hereinafter identified and attached is a true and correct copy of the original record; 3. Expenditure(s) enumerated represent costs necessarily incurred during the course of official business for which payment has not been received and for which documentation is not available or reasonably retrievable; 4. Claims are in compliance with the applicable statutes and administrative orders, and with the express provision that all other parties are barred from entitlement to any part of these costs. RE: Invoice No. ., Dated Period Covered: , Amount IN-HOUSE CHARGES: Photocopies: Mileage: copies @ $0.15/each $. miles @ 0.29/mile $ OTHER (Copies of invoices required): Long Distance Calls Other: $ $ TOTAL: FOR THE FIRM Signed: Print Name: Title: Date: Page 23 of 23 AGENDA ITEM No. 16(K)C___) December 16, 2003 Page EXECUTIVE SUMMARY APPROVE THE STIPULATED FINAL JUDGMENT RELATIVE TO THE ACQUISITION OF PARCELS I'I9A, l19B AND 719 1N THE LAWSUIT STYLED COLLIER COUNTY V. DANIEL F. JOtlNSTON, ET AL., CASE NO. 02.1446,CA (GOODLETTE-FRANK ROAD PROJECT #60134). ~ That the Board of County Commissioners approve the Stipulated Final Judgment as full and final compensation to be paid for the acquisition of Parcels 119A, 119B and 719 for the Goodlette-Frank Road project in the lawsuit styled Collier County v. Daniel F. Johnston, et al., Case No. 02-1446-CA. CONSIDERATIONS_.' On September 5, 2002 an Order of Taking was entered in Collier County Circuit Court regarding the acquisition of Parcels 119A, 119B and 719 for the Goodlette-Frank Road project (Project No. 60134). On September 19, 2002, Collier County deposited with the Registry of the Court the sum of $35,700.00 for Parcels 119A, 119B and 719 in accordance with the Order of Taking. Through negotiations, the parties have reached a settlement agreement whereby the property owner will be fully and fairly compensated for the property interests taken for the public purposes enumerated in the resolution of condemnation (Resolution No. 2002-97). The terms of the settlement agreement are set out in the Stipulated Final Judgn, t (attached as Exhibit "1"). The Stipulated Final Judgment provides for $44,250.00 to be paid to Respondent, Gates McVey- Knopke LLC, as full compensation for the property rights taken as to Parcels 119A, 119B and 719; and $1000.00 to be paid to Cheffy Passidomo Wilson & Johnson, LLP, 821 Fifth Avenue South, Suite 201, Naples, FL 34102 for attorney fees. The Stipulated Final Judgment provides that Collier County shall deposit an additional amount of $9550.00 with the Court Registry. Staff has reviewed the County's obligations stated in the Stipulated Final Judgment and considers them to be reasonable. FISCAL IMPACT: Funds in the amount of $9550.00 are available from the Transportation Supported Gas Tax and Impact Fee Funds. Source of funds are Gas Taxes and Impact Fees. GROWTH MANAGEMENT IMPACT: Consistent with the Collier County Growth Management Plan. RECOMMENDATION.:. That the Board of County Commissioners: 2. 3. 4. approve the Stipulated Final Judgment; approve the expenditure of the funds as stated; direct staff to deposit the sum of $9550.00 into the Court Registry; direct payment of $100 service fee to Clerk of Court. ,,,o. BEC 1 6 2003 SUBMITTED BY: REVIEWED BY: REVIEWED BY: REVIEWED BY: APPROVED BY: dlAd[ ~'- ~--"~ Date: He~ssistant County Attorney 5~'?~-~n~sl ~OW ~i.on M~m~g=r Transponatio~C~OW Gregg Strakaluse, P.E., Director Transponatio~CM ~~ Date: David C. Weigel, County~ttomey AGENDA DJ'EM, NO. ~ DEC ,',lcv-t 7-03 09:Z?am Fro~- T-355 P,O03/011 F-6@8 EN T~ CIRCUIT COURT OF T~ TWENTIET1Z J'UDI~L CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA CIVIL ACTION COT I .IER COUNTY, FLORIDA, a political subdivision of rahe State of Florida, Petitioner, VS. DANIEL F_ JOI-IN'STON, et al., Case No.: Parcel Nos.: Respondents. STIPULATED FIN~ .I'U'DGMENT THIS CAUSE having come before the Court upon Joint Motion made by Petitioner, COT,I_rFR Cou]qTY, FLORIDA, by and through undersigned counsel, and Respondent, GATES MCVEY-I~q'OPKE LLC, by and through undersig-ned counsel, for entry of a Stipulated Final Judgment as To Parcels li9A, l19B and 719, and it appearing to the Court that the parties are authorized to make such Motion, the Court finding that the compensation to be paid by Petitioner, COLLIER COUNTY, FLORIDA, is the full compensation due Respondent, GATES MCVEY- I~h--xIOPKE LLC, and the Court being otherwise tully advised in th~ premises thereof, ir is thereupon ORDERb;D A.N-D ADYU'DGED that Respondent, GATES MCVEY-KNOPKE LLC, have and recover 'from Petitioner, COLLIER COUNTY, FLOR_IDA, the sum of Forty-Four Thousand Two Hundred and Fifty Dollars ($,$4,250.00) for Parcels IIgA, i19B and 719 as full payment for the propeety interests taken and for damages resulting to Thc rcrna/nder, if less than the entire proper~y was taken, business damages, and for all other damages in connection with said parcels; it is fmxher ORDEi'~ED that Respondent, GATES MCVEY-IZ~NOPKE LLC, rcceivi COLLIER. COUNTY, FLORIDLA, as a rcasonuble attorney's fee the sum c Dollars and 00/100 ($1000.00). Except as provided herein, no attorney's fees or other costs shall be awarded in connection with the above-styled cause of action as it relates to Parcels 119A, 119B and 719; it is further ORDERED that Respondent, GATES MCVEY-KNOPKE LLC, waives any right to claim non-monetary benefits; it is further ORDERED that Petitioner, COLLIER COUNTY, FLORIDA, shall deposit an additional Nine Thousand Five Hundred Fifty Dollars and No/100 ($9550.00) subject to approval of the Board of County Commissioners within thirty (30) days of the date of this Stipulated Final Judgment; it is further ORDERED that disbursement of the qum of Forty-Four Thousand Two Hundred and Fifty Dollars ($44,250.00) shall be by further order of this Court; it is further ORDERED that the Clerk of this C(~tnl shall disburse the total sum of One Thousand Dollars and 00/100 ($1000.00) to Cheffv Passidomo Wilson & Joh~ m, LLP, 82[.~.Fifth Avenue South, Suite 201, Naples, Florida 34102. for :t~torney's fees pursuant to Section 73.092, Florida Statutes; it is further ORDERED that the County shall construct a driveway opening to Respondent's remainder property pursuant to the plans prepared by Coastal Engineehng Consultants dated Ma.y 2003 entitled "Goodlette Frank Road Bella Lago Modifications" (sheets I through 11). Any median openings and turn i __ picted on said plans are governed by the County's police power and may be altered, closed or modified based on safety and/or capacity issues; it is further ORDERED that title to Parcels I19A. I19B and 719, being fully described in Exhibit "A" attached hereto and incorporated herein, which vested in Petitioner, COLLIER COUNTY, FLORIDA, pursuant to the Order of Taking dated September 5, 2002, and the deposit of money heretofore made, are approved, ratified, and confirmed: it is further AGENDA ITEM NO, //~JT' L/~ DEC 1 6 2003 From- T-355 P.O05/OI1 F-69B ORDERF. D ~at the Notice of Lis Pendens filed in the above-styled cause and recorded in Official Record Book 3019, Page 253 of~e Pablic Records of Collier County, Flor/da be dismissed as to Parcels ll9A, I19B a.nd 719; and it is further ORDERED that th/s Stipulated Final Judgment is to be recorded in the Official Records o[' Collier County, Florida; it is therefore DONE AND ORDERED in Chambers at Naples, Collier County, Florida, this day of ,2003. Conformed copies Eteldi F. Ashton, Esquire Lisa I-L Barnett, Esquire Jean G. Howard. Esquixe Robert D. gritt, Esquire E. Glema Tucker, Esquire Colonial Bank CIRCUIT COLq~.T JUDGE JOINT MOTION FOR STIPULATED FINAL JUDGI~EENW The Parties hereby stipulate and ;¢specrfully request this Court to enter Stipulated Final Judg-ment as to Parcels ll9A, 119B and 719. the foregoing LISA H. BARNETT, ESQUIRE Flor/daB,u-No.: C~qb~ ~, e~ Cheffy Passidomo Wilson & Johnson LLP 82t Fifth Avenue South, Suite 201 Naples, Flor/da 34102 (259) 261-9300 - Telephone (239) 261-9782 - Facsirrfile ATTORNEY FOP, RESPONDENT Dated: H'EIDI F. ASHTON, ESQ'UI_RE Florida Bar No.: 0966770 COUNTY ATTORNEY' S OFF.ICE Harmon Turner Building 3301 East Tamiarrfi Trail Naples, Florida 34112 (259) 774-8400 - Telephone (239) 774-0225 - Facsimile ATTOt~NEY FOR P) !~ov-]?-03 09:2Tam From- T-355 P.OO6/O;1 F-69B PROJ~C't' NO. ; . ~1~, PRGu'r. CT P^RC?:.L NO. :~ LOT 1~ LDT ~3 // EXHIBIT_z~_-~ / / / / ~IgAPHIC SCAL~ i ~-mch = gO0 C,~. NCICATE~; 0FRC[AL RECIDRD5 DG. iNDICATES PAGE ?,C.~. JNOICATEs FE~RM~NENT ~ONT~oL POINT' NO. ~ SKETCH AND DESCRIPTTON SECT]ON .~, TO'C,/NSHI? 49 SOUTH, RANCE 25 EAST INC, Nov-I?-O~ O9:2~am From- T-~55 P.OOT/011 F-698 PROJECT NO. : ~01~4 . EXHIBIT EE..SCRIPTION: PARCEL 11gA A PARCEL OF' LAND LOCATED IN 5ECllON 3, TO',~/NSH]P 49 SOUTH. RANGE' 25 FAST, COLLJER COUNTY. FLORIDA, AND BEING MORE PARTICIJI.ARLy DE.SCRIBED AS FOLLOWS: COMME~CE AT 'i'HE NORTHEA_N-T CORNER OF 5--ECTiGN :3, TOWNSHIP 4.9 SOUTH, RANC.~ 2.5 EAST, COLLIF. R COUNTY, FLORIDA AND RUN SOUTH 8g'50'32' WEb-q' ALON~ THE NORTH LINE OF' SAID SECTION 5, A DIb-T'ANCE OF 877,05 FEET TO AN INTERSECTION W1TH THE EASTERLY RIGHT-OF-WAy LiNE OF FRANK BOULEVARD (COODL_C-[TE-' FRANK-. ROAD) AS PER PLAT RECORDED (N PLAT ROOK t3, PAGE: 58 OF THE PUaIdc RECORDS OF COLLIER COUNTY, FLDRJDA (1~O' R/W); THENCE RUN SOUTH 07'0B'12= WE~'-F ALONG SAiD F. ASTERLY RIGHT-OF-WAY LINE, A OlSTANQE 0F.1224.90 FEET TO THE POINT OF BEGINNING; FROM SA)D POINT' OF BEGINNING CONTINUE SOUTH 07'08'12' 'NEST, A DISTANCE CF 132.85 ?E]ET T(J AN iNTERSECTION WITH TItlE SOU'iH LINE OF THAT PARCEL OF LAND ~ECORDED iN OFFICIAL RECORDS BOOK 2080, PAGE. 22gO. OF Title PUBLIC RECORDS OF COLLIER COUN.TY, FLORIDA; THENCE-RUN SOU,'EH 68'.52'12" ','/EST ALONG SAID SOUTH , ONE, A DISTANCE OF' 15.12 FEET TO AN iNTERSECTION WiTH SAID EASTERLY RIGHT-OF-WAY LiNE OF G,UODLE"r-TE--FRANK ROAD (100' R/68); THENCE RUN NORTH 07'08'i2" EAST ALONG SAID EASTERLY RIGHT-OF-WAy LINE. A DJSTANCE OF 1~4.7§ F~T; ,T,~,,ENCE RUN SOUTH 82'51'48" EAST, A OlSTA,NCE OF 10,00 FEET 'FO THE SAID PO~NT OF' BEGINNING. ?ONTAJN[NG 0~046 ACRES OF LAND, MORE OE LESS. DEC I 2 03 SKETCH AND DESCRIPTiON S~CllON 3, T~;VNSHIP 40 .~UTH, P.~NGE: 25 EAST COLUER COUNTT, FLORIDA ~IOHNSON E:N~iN£E'RiN6. linC. :.- "- = Og:28~m From- P.O08/Oll F-Gg8 / / P~. INDICATE~ OFFI~AL RECORDS IN DIO. ATE..~ PAOE kNDICA'~E5 PF-,RHANENT CONTRDL POINT Nov-I7-O~ 09:ZSam From- T-355 P.009/011 F-Bg6 DESCRIPTION: PARCEL 119B A PARCEL OF LAND LOCATED IN SEC-rlON 3, TOWNS-HIP 49 SOUTH, RANGE 25 EA3T, COL.UER COUNT'f, FLORIDA, AND BEING MORE PARTICULARLY DESCJ~IBED AS FOLLOW~ COMMENCE AT THE NORTH£AST CORNER OF SECTION 3, TOWNSHIp 49 SOUTH, RANG~.' 25 EAST, COLDER COUNTer, FLOR]DA AND RUN SOUTH 89'~0'J2" WighT ALONG 'THE NORTH LINE OF SA~D SECT]ON 3, A DISTANCE OF- 877. O5 FEET TO AN INTERSECTION WiTH THE EASTF_~LY RIGHT-OF-WAY I. JNE OF GOODLETTE--CRANK ROAD (130' R/W); THENCE RUN SOUTH 07'08,'12" WEST. ALONG SAID F-~STERLY RIG'HT-0F-WAY UNE. A DISTANCE OF 301.38 FEET 1rD AN INTF..RSECllON WITH TH~' SOUTH LINE OF THA'f PARCEL OF LAND AS RECORDED IN OFFICIAL RECORDS I~OOK 1788, PAGE I09I OF THE PUBUO RECORDS OF COLLIER COUNTY, ;:'LORIDA, FOR A POINT OF 8'IE(~NNING; THENCE RUN NORTH 89'52'12" EA:ST ALONG SAID SOUTH LINE OF' THE PARCEL CF LAND AS RECORDED tN? O,c'FIC1AL RECORDS BOOK 1788, PAgE 1091, A DISTANCE .CF' IO.4.5 FEET; T];iF_NCE RUN SOUTH 05'37',57" WES'T, A DISTANCE OF 925.08 FEET; THENCE'RUN NORTH '1~2_'~1'48" WEST, A DISTANCE OF 18.50 FEET TO AN INTERSECTION WITH 5AID EASTERLY RIGHT-OF-WAY UNE OF ¢*OODLETTE-FRANK ROAD;, THENCE RUN NORTH 0.7'08'I2." EAST ALONG SAID EASTERLY RIgHT-OF-WAy LINE, A DISTANCE OF 9;25_72 FEET TO ,T~E SAiD POINT 0F BEGINNING. CONTAINING D.306 ACRES OF 'LAND, MORE OR I F.~w_. DEC ! j 2003 FE~ SL'ufPLE INTP. R]EST SKETCH AND DESCR~P-~ON SEc~ON 3, TO'~5'HL~ 4~ ";CUTH, RANGE ~ COUN~, FLOR]DA 11~ ~3 ~_~ FroB- P.010/011 F-$g8 TEMPORARY DRIVEWAy RESTORATION (DURATION.' 3 YEAR;~ F~.CM COMMENCEMENT CF PARCEl.. "71 g I 1, '~..~El ps NOT A ~R~. & ~u~ ~ ~ ~VA~ , 09:~Sam From- PROJECT NO. :__ ,.301.3a. PROJECT PARCEZ. N0. ~ 7i9 -- TEMPORARY DRIVE'WAY RESTORATION EASEMENT (DURATION: 3 YEARS FROM COMMENCEMENT OF CCN~FRUCTICN) T-355 P.011/011 OESL-'I~PTION; PARCEL 719 A PARCLrL OF LAND LOCATED IN SECTION 3, TOWNS'HIP 4.9 SOUTH, RANGE 25 EAST, COLLIER COUNTY'~ FLDRIDA, AND BEING MORE PAR'I']CULARLY D.ESDmBED AS FOLLOWS:' - COMMENCE AT THE NORTHEAST CDRNEJ~ OF 5~-CTION 3, TOWNSHIP 49 SOUT~. RANGE 25 EAST, COLLJI~ COUNT~, FLORIDA AND RUN' SOUTH B9'50'32' WEST ALONG THE NORTH LINI~ OF SAID SECTIGN 3. A DISTANCE DF B7~.05 F~ET TO AN INTERSECTION WITH THE EASTERLY RIGHT-OF-WAY LINE OF GOODL~-TTE--FRANK ROAD (130' R/W); THENCE RUN SOUTH 07'0B'12" WEST ALONG SAID ~ST~RLY RIGHT--OF-WAY LINE, A DISTANCE OF 1297.99 FEET TO TIdE POINT OF BEGiNNiNG; THF___NC:E RUN SOUTH" ' 82'5i'48" EAST, A DISTANCE CF 31.2~ FEET; THENgE I~LJN SCU.T~ 0~;D§'12'' WEST, A DISTANCe. 0£ ~.g.93 Fi~T: T~XlC~ RUN 'NORTH 82'51'48" WEST, A DISTANCE OF 37.25 FEET; THENCE RUN NORTH 07'08'12" ;EAST. A DJSTANCi-' OF &g.g.~ ~-EET TO THE SAID ,POINT OF BEGINNING. : CCNTAJI~tING 0.058 ACRES cF LAND, MORE OR LESS. pg. -SKETCH AN[3 DESCRIPTION SECT}ON ,3. TO~,1,~..?~lp 49 SCI. JT~-i. RANCF... 25 EAST COLLIER C{3UNTY, FLCRIJ.7.,A EXECUTIVE SUMMARY APPROVE THE MEDIATED SETTLEMENT AGREEMENT AS TO PARCEL 194 IN THE LAWSUIT ENTITLED COLLIER COUNTY V. ROBERT I4/. PIEPLOW, ET UX, ET AL., (IMMOKALEE ROAD Project 60018) Total cost of $44,275.00. OBJECTIVE: That the Board of County Commissioners approve the Mediated Settlement Agreement and Stipulated Final Judgment as to Parcel 194 in settlement of the lawsuit entitled Collier Count), v. Robert W. Pieplow, et. ux, et al, Case No. 02-2133~CA. CONSIDERATIONS: On September 5, 2002, an Order of Taking was entered in Collier County Circuit Cou~ regar( :g the fee, simple acquisition of Parcel 194 for the Imr -kalee Road project (Project No. 60018). On September 19, 2002, Collier County deposited into the Court Registry the sum of $60,300.00 for Parcel 194 in accordance with the Order of Taking. On November 25, 2003, at a Mediation Conference the parties agreed to a Mediated Settlement Agreement whereby the property owners ~vill be fully and fairly compensated for the property i?~tcrest taken for public purposes enumerated in the resolution of condemnation (Resolution No. 02-125). The Stipulated Final Judgment provides for $95,500.00 to be paid to Respondents, Dennis J. Navarra and Anna Navarra, as full compensation for the property rights taken as to Parcel 194 and $9.075.00 to Kenneth A. Jones, Esqnire for attorney' fees. Staff has reviewed the County's obligations stated in the Stipulated Final Judgment and considers them to be reasonable. FISCAL IMPACT: Funds in the amount of $44,275.00 are available in.the FY 2004 adopted budget. Source of funds are Gas Taxes and Impact Fees. GROWTH MANAGEMENT IMPACT: Consistent with the Capital Improvement Element and the Transportation Element of the Collier County Growth Management Plan. RECOMMENDATION: That the Board of County' Commissioners: 1. approve the Mediated Settlement Agreement; approve the expenditure of the funds as stated; 3. approve a Stipulated Final Judgment based on the terms of the Mediated Settlement Agreement; AGE~DA ITEM NO. ~ E)EC 1 $ 2003 po., SUBMITTED BY' REVIEWED BY: REVIEWED BY: REVIEWED BY: APPROVED BY: ~e¢i n~t~"~n~t~c~'~, ~0~,? ,~ ~4~ition Manager .A.//f / trakaluse, Director, Gre~,~ Trans/ECM No~an Feder, Administrator, Trans ~ ~ Date: David C. Wei~cl County Attorney /.2/////~ -~ ~.'d"/. j, / ' 2 ~ OEC 1 6 2003 IN T{q~ CIRCUIT CQi.;RT OF TH-F: TWENTIETH JUDICIAL CIRCUIT IN .~ND FOR COLLIER ' rN - ' CIV![. XCTION COLLIER COL~TY, FLORIDA, a political subdivision of the State o(Fiorida. Petitioner. ROBERT W P~iEPLOW. et ux. et al. Defendants. CASE NO. '~"" · . PARCEL NO: 194 Mediation Confere,qc~: hcid ~:;n .',~,..~,. ember 15. 2Li03. the parties reached the tbilo,,,4ng .-\_. c ~, nent. preuiously deposited in the Re,gistn, of~'nc ('~>un in this case Iw Pe:itioner ~ Counse! i-'or Petitioner z!nd ~-' '*'~" ~' ' 1 ,,.,,. .... mtt si will jointly submit to the Court tbr signature a mutually' approved ~brm of 5tipulatod Final Judgment or'this matter as soon as practical hereafter. Petitioner ~,~,iit pa.,,' Det'c:~d:,nu s~ :he balance, due or' 5 ff~, ~ 75'7, days o(the entr~,' or'the Stiouizited [:!mit Jud~zment by the Court. ,,vithin -- -AGENDA ITEM NCX ~ DEC 1 6 2003 5. This ,\greement is subject to approval by the Board of County Commissioners of Collier County. 6. The Corn1 ,,,,'ill retain jurisdiction herein as to the matter of Defendants ~s li:~,, expert's fees, costs, and expenses. .-\ttached hereto is an Addendum to this/\~reement. / Yes v/ . No 8 agreements et' the parties. Petitioner ', , . Attorney tbr Petitioner ~'e,~, This Agreement and the attached addendum, ii'any, contain(s) all of'tt~e Det'cndant, R-9.~M5 -?7. ~,, t)e!'cnd~, / DEC 1 ~ _"'7? EXECUTIVE SUMMARY APPROVE THE MEDIATED SETTLEMENT AGREEMENT AND A STIPLATED FINAL JUDGMENT TO BE DRAFTED INCORP()RATING THE SAME TERMS AND CONDITIONS AS THE MEDIATED SETTLEMENT AGREEMENT RELATIVE TO THE ACQUISITION OF PARCELS 117, 133, 717A, 717B & 733 IN THE LAWSUIT STYLED COLLIER COUNTY V. CALUSA BAY MASTER ASSOCIATION, INC., ET AL., CASE NO. 02-2040-CA (GOODLETTE-FRANK ROAD PROJECT NO. 60134). OB.JECTIVE: That the Board of County Commissioners approve the Mediated Settlement Agreement and a Stipulated Final Judgment to be drafted incorporating the same terms and conditions as the Mediated Settlement Agreement as full and final compensation to be paid for the acquisition of Parcels 117, 133, 717A, 717B and 733 for thc Goodlette-Frank Road Project (4-Lane and 6-Lane Improvements between Pine Ridge Road and Vanderbilt Beach Road) in the lawsuit styled Collier County v. Calusa Bay Master Association, Inc., et al., Case No. 02-2040-CA. CONSIDERATIONS: On September 5, 2002, an Order of Taking was entered in Collier County Circuit Court regarding the acquisition of temporary construction easements, fee simple interests and a temporary driveway restoration easement for the Goodlette-Frank Road Project No. 60134. On September 19, 2002, Collier County deposited with thc Registry of the Court thc sum of $402.100.00 for Parcels 117. 133, 717A. 717B and 733 in accordance with the Order of Taking. A Mediation Conference was held on November 17. 2003 in which the parties reached a settlement agreement whereby the property (m, ners will be fully aud fairly compensated for the property interests taken for the public purposes enumerated in the resolution of condemnation (Resolution No. 2002-97, as amended by Resolution No. 2002-145), The terms of the Mediated Settlement ,Agreement (attached as Exhibit "A") will be incorporated in the Stipulated Final Judgment to be presented to the Court for entry. The Mediated Settlement Agreement provides for $650,000.00 to be paid to Respondent in full settlement of all claims for compensation including statutory interest, but excluding attorney's fees, experts' fees and costs. Statutory attorney's fees are $81,840.00. The Mediated Settlement Agreement requ. ires Collier County to pay an additional amount of $247.900.00 equaling the balance of full compensation. FISCAL IMPACT: Funds in the amount of $329,740.00 are available from the Transportation Supported Gas Tax and Impact Fee Funds. Source of funds are Gas Taxes and hnpact Fees. GROWTH MANAGEMENT IMPACT: Consistent with the Collier County Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners: 1. approve the expenditure of funds as stated: AGENDA ITEM t% BEC i 2003 approve the Mediated Settlement Agreement; and approve the Stipulated Final Judgment which incorporates the terms and conditions of the Mediated Settlement Agreement to be presented to the Court for entry. SUBMITTED BY: REVIEWED BY: REVIEWED BY: REVIEWED BY' APPRO\/ED BY' ,~'~I-~erf~ricks, ROW ,~'i'uisition Mana=er Transpopati?/ECM/ROW Grcoo Strakaluse, P.E., Director Transpo~li~ion/ECM So,~ ~cdc~. Airmnistrator Trans~o~ation Division David C. Weigel, C~nty ArVey Date: Date: /! Date: / / d Date: _11 - O_~_'~:2T DEC 1 ~ 2003 ¢~. 2.- IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COL~TY, FLORIDA CIVIL ACTION COLLIER COUNTY, FLORDA, a political subdivision of the State of Florida, Petitioner. CALUSA BAY MASTER ASSOCIATION. INC., et al., Defendants. CASE NO.: 0~-.040-CA PARCEL NOS.: 117, 133,717a, 7t7b & 733 ME DIA. T E D S ETTI. E,X 1E NT AGREEMENT 'D .At a Mediation Conference held on Jutv l i,), 2003, and continued on November 17, the parties reached the following Settlement Agreement: Petitioner ,,,,ill pa.',,' to Defendanttsl. (_~/~a ~aS/ /q./l(IS~r ! the sum ors 65'~5~ £C-;0. °c½OO in full settlement of'ail claims for compensation from Petitioner whatsoever, including statuto~' interest, but excluding attorney's fees, expe~'s tbes. 2 Petitioner is entitled to a credit in the amount ors ~D~,/&O. °~0 wNch xvas previously deposited in the RegNtry o(the Cc)un in tNs case by Petitioner. 3. Counsel for Petitioner and Defendant(s) will jointly submit to the Court for signature a mutually approved form of Stip,.~,l.~ted Final Judgment of this matter as soon as practical hereafter. .4O Petitioner will pay Defendant(s)the balance due of S ~5~5' .7, days of the entry of the Stipulated Final Judgment by the Court. within AGEt, I.D.A NO. ~ DEC 'I 2003 ~ This Agreement is subject to approval by the Board of County Commissioners of Collier County 6 The Court will retain jurisdiction herein as to the matter of Defendants attorney's fees, expert's fees, costs, and expenses .Attached hereto is an Addendum to tiffs Agreement. xJ'/ Yes No agreements of'the parties Petitioner ~/44~' This Agreement and the attached addendum, if any, contain(s) all of the Defendant Attorney i~br Petitioner ~t.~o~ F ,~vs,4~,~---' Defendant AGENDA ITEM ,r-, OEC , Pg- ADDENDUM TO MEDIATED SETTI~EMENT AGREEMENT settlement is made subject to the following additional conditions: EXECUTIVE SUMMARY APPROVAL OF THE STIPULATEI) FINAL JUDGMENT RELATIVE TO THE EASEMENT ACQUISITION ON PARCEL 326 IN 'FILE LAWSUIT ENTITLED COLLIER COUNTY V. AGNALDO DELIMA, ET AL., ((;olden Gate Boulevard Project). OBJECTIVE: That the Board of County Commissioners approve the Stipulated Final Judgment as full and final compensation to be paid for the acquisition of the easement on Parcel 326 for the Golden Gate Boulevard project in the lawsuit entitled Collier County v. Agnaldo DeLima, et al., Case No. 00-1967-CA. CONSIDERATIONS: On September 12, 2000, an Order of Taking was entered in Collier County Circuit Court regarding the acquisition of casements for the Golden Gate Boulevard project (Project No. 63041). On Sep[ember 29, _0 )0, Collier County deposited with the Registry of the Court the sum of $900.00 for Parcel 326 in accordance with the Order of Taking. Through negotiations, the parties have reached a settlement agreement whereby the property owner, Ruth Berelman, will be fully and i'~it!N ~.o;npensated for the property interests taken for the public purposes enumerated in the resolution of condemnation (Resolution No. 99-290). The terms of the settlement agreement are set t>ut in the Stipulated Final Judgment (attached as Exhibit "1"). The Stipulated Final Judgment provides for ~;1.2!){}.00 to be paid to the Respondent as full compensation for thc property rights taken as to Parcel 326. The Stipulated Final Judgment provides that ('¢, licr County shall deposit the additional amount of $300.00 with the Registry of the C( urt. Staff has reviewed the County's obligations stated in the Stipulated Final Judgment and consider them to be reasonable. FISCAL IMPACT' Cost: $400 including $ lt)0 service tee to Clerk Fund: 313 - Road Construction Gas Tax Cost Center: 163673 - Surplus Gas Tax Road Construction Project Number: 63041 - Golden Gate Boulevard GROWTH MANAGEMENT IMPACT: Consistent with the Collier County Growth Management Plan for CIE Project No. 53. RECOMMENDATION: That the Board of County Commissioners: I AGENDA ITEM l. approve the Stipulated Final Judgment: NO. ~ 2. approve the expenditure of the funds as stated; and i ~[~C I {3 2003 1 3. direct staff to deposit the sum of $300.00 into the Registry' of the Court. SUBMITTED BY: REVIEWED BY: REVIEWED BY: REVIEWED BY: APPROVED BY: HeTd/i F. ~n, Assi~ County Attomey Gre~ $trakaluse, Director, Trans~CM ~~~ Date: NoTan Fcdcr, Admi,~istrator, Trans ~avid C. Wei~el ~ County Attorney D a t e: / AGENDA ITEM NO. __~ DEC i 6 2003 Pg. ___~'~ IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA CIVIL ACTION COLLIER COUNTY, FLORIDA, a political subdivision of the State of Florida, VS. Petitioner, AGNALDO DELIMA, et al., Respondents. Case No.: 00-1967-CA Parcel No.: 326 / STIPULATED EINAL JUDGMENT ,kS TO PARCEL 326 THIS CAUSE having come before the Court upon Joint Motion made by Petitioner, COLLIER COUNTY, FLORIDA, by and through its undersigned counsel, and Respondent, RUTH BERELMAN, for ent~ of a Stipulated Final Judgment as to Parcel No. 326, and it appearing to the Court that the parties are authorized to make such Motion, the Court finding that the compensation to be paid by Petitioner is the full compensation due Respondent, RUTH BERELMAN, and the Court being otherwise fully advised in the premises thereof, it is thereupon ORDERED AND ADJUDGED that Respondent, RUTH BERELMAN, have and recover from Petitioner, COLLIER COUNTY, FLORIDA, the sum of Twelve Hundred and No/100 Dollars ($1,200.00) for Parcel No. 326 as full payment for the property interests taken and for damages resulting to the remainder, if less than the entire property was taken, business damages, and for all other damages in connection with said parcel: it is further AGENDA ITEM 0 Nc). DEC 1 6 2003 ORDERED that Petitioner shall deposit an additional Three Hundred and No/100 Dollars ($300.00) subject to approval of the Board of County Commissioners within thirty (30) days of the date of this Stipulated Final Judgment; it is further ORDERED that no attorneys fees or other costs shall be awarded in connection with the above cause of action as it relates to Parcel No. 326; it is further ORDERED that the Clerk of this Court shall disburse the total amount due to satisfy completely the outstanding 2001 Tax Certificate #2630, which payoff for the month of November 2003 is $350.49, the outstanding 2002 Tax Certificate #2566, which payoff for the month of November 2003 is $363.44, and the outstanding 2003 lax Certificate #2532, which payoff for the rr~onth of November 2003 is $420.92 and understanding that each month thereafter the total amount duc will increase, to the Collier County Tax Collector, c/o Glenn E. Tucker Esq., Rhodes & Tucker, P. O. Box 887, Marco Ishmd, FL 34146: it is further ORDERED that the Clerk of this Court shall disburse the balance of Twelve Hundred and No/100 Dollars ($1,200.00), after satisfaction of 2001 Tax Certificate #2630. 2002 Tax Certificate ~2566 and 2003 Tax Certificate #2532 to Respondent, RUTH BERELMAN, P.O. Box 220552, West Palm Beach, Florida 33422, less any amounts previously paid for the benefit of Respondent, RUTH BERELMAN; it is further ORDERED that title to Parcel No. 326 sidewalk, drainage utility and maintenance easement, being fully described in Exhibit "A" attached hereto and incorporated herein, which vested in Petitioner pursuant to the Order of Taking dated September 12, 2000, and the deposit of money heretofore made, are approved, ratified, and confirmed; it is further AGENDA ITEM NO. ~ DEC 1 5 2003 ORDERED that the Notice of Lis Pendens filed in the above-styled cause and recorded in Official Record Book 2684, Page 954 of the Public Records of Collier County, Florida be dismissed as to Parcel No. 326; and it is further ORDERED that this Stipulated Final Judgment is to be recorded in the Official Records of Collier County, Florida; it is therefore DONE AND ORDERED in Chambers at Naples, Collier County, Florida, this __ day of · 2003. Conformed copies to: Heidi F. Ashton, Esq. Ruth Berelman Avatar Properties, Inc. E. Glenn Tucker. Esq. Ted Brousseau Circuit Court Judge JOINT MOTION FOR STIPULATED FINAL JUDGMENT The Parties hereby stipulate and respectfully request this Court to enter the foregoing Stipulated Final Judgment. Dated: RUTH BERELS'L4,N P.O. Box 220552 West Palm Beach, Florida 33422 (561) 689-4782 - Phone RESPONDENT Dated: HEIDI F. ASHTON, ESQUIRE Florida Bar No. 0966770 COUNTY ATFORNEY'S OFFICE Harmon Turner Building 3301 East Tamiami Trail Naples, Florida 34112 (239) 774-8400 - Phone (239) 774-0225 - Facsimile ATTORNEY FOR PETITIONER 1 6 2003 -)FFICE OF CAPI-I ,L PROJF,CTS 33[.)i lbtST TAMIAMI TRAIl_ flAIq_ES, FLORIDA 3'[d 12 (941 ) 77,11 [ ] 102 SKETCH OF DESCRIPTION t;R(3,1~CT ',tO, (N[)I ASURVEY) ~,I~uJ~crr, Ar~cEL t'-,'L., o t~- 3711,¥ooooo !!)qtlBl! "A" I ( 1 C 0' R O .'.I' ) ! 33L1' EXIST "9' I',WE3SEMEH[~1 ~ _ _ ............. t ........ [ { EXISTING BIOIIT OF WAY I 53 5!DEWALK, Df iLl;Y, & I,IAIN f F N:',NLE V2F.qTILOFEET T R?,C f 53 II?AC 150' t330' DESCRIPTION: T~*IE SOUDI25 FEET OF THE NORTH 75 FEET OF THE WE,ST !,~3 FEET OF TRACT 53, GOLDEN GATE ESTATES UNIT ~;O 12. AS RECORDED IN PLAT BOOK 4, PAGE '105, OF THE PUBLIC RECORDS OF COLLIER CCUNTY', FLORrDA. i (;~cr/;,e it. t"dchmcnJ P.LS. //2406 ;.h~blic Works Enginccri.i; Depl :-:;talcs Fl. 34112 1"= I [,'9' lqgB GGD32g SHEEr 1 OF 1 A C-;-;-;-;-;-;-;-;-~N D A ITEM NO. _16 b. DEC 1 6 2003 Pg'., ~ EXECUTIVE SUMMARY ACCEPT A CHILD DEPENDENCY GRANT-IN-AID OF $43,952.76 FROM THE STATE OF FLORIDA, JUSTICE ADMINISTRATIVE COMMISSION [JAC] AND AUTHORIZE CHAIRMAN TO SIGN THE AMENDMENT OBJECTIVE: To accept a Child Dependency Grant-in-Aid of $43,952.76 from the State of Florida, JAC and authorize Chairman to sign the agreement. CONSIDERATION: Collier County has been awarded a Child Dependency Grant-In-Aid for $43,952.76 from the State of Florida, JAC. Quarterly reports will be submitted to the Justice Administrative Commission and, in turn, the JAC will disburse funds directly to the Collier County Board of County Commissioners bank. Funds will be used for the reimbursement of contractual attorneys representing individuals in Dependency cases. The Chief Judge of the Twentieth Judicial Circuit has agreed to this allocation. GROWTH MANAGEMENT IMPACT: None. FISCAL IMPACT: This will recognize a grant award of $43,952.76. RECOMMENDATION: The Board of County Commissioners accept the Grant-in-Aid of $43,952.76 and authorize the Chairman to sign the agreement and approve the associated budget amendment. Prepared by: Date: November 14, 2003 Mark Middlebrook Sr. Deputy Court Administrator Reviewed by: Michael Smykowski Budget Director .. Approved by: .i'" 'C~Manager Date: (/_2- ~-- ,2003 GRANT-IN-AID AGREEMENT FOR CHILD DEPENDENCY for Collier County, Florida This Agreement is made between the Justice Administrative Commission (the "JAC"), and the Collier Board of County Commissioners (the "Grantee") on behalf of the Twentieth Judicial Circuit (the "Circuit") as Grant Manager. The parties agree that: The JAC will pay the Grantee for expenditures made by the County Government in an amount not to exceed $43,952.76 for the period beginning July 1, 2003 and ending June 30, 2004. Payments will be disbursed quarterly upon receipt of properly completed reports noted in B(1) below. The Grantee will use grant monies provided under this Agreement to assist in the payment of costs incurred for Dependency Counsel in accordance with 39.013 (11), F. S. The Grantee will submit quarterly Dependency Court Representation Reports to the JAC no later than the 25th of the next month following the end of the quarter. The Grantee will not use grant funds for lobbying the Flor/da Legislature, the judicial branch, or a state agency. The Grantee, as a "Recipient" of state funds, will comply with the Florida Single Audit Act, section 215.97, Florida Statutes, as tbllows: In the event that the Recipient expends a total amount of State awards equal to or in excess of $300,000 in the Recipient's fiscal year, the Recipient must have a State single or project-specific audit for such fiscal year in accordance with section 215.97, Florida Statutes, and applicable roles of the Executive Office of the Governor, the Comptroller and the Auditor General. Applicable rules of the Executive Office of the Governor, the Auditor General, and Comptroller, and other information pertaining to the Florida Single Audit Act can be tbund at _http://wwxv. fsaa. state, fl. us/statutes, asp#C The Catalog of State Financial Assistance (CSFA) establishes that state funds were awarded to the Recipient through the Justice Administrative Commission. The CSFA number for this grant is 21.001. Information from the CSFA can be found at http://ww~v.fsaa.state.fl.us/statutes.asp#C In determining the State awards expended in its fiscal year, the Recipient shall consider all sources of State awards, including State fimds received from the Justice Administrative Commission, except that State awards received by a nonstate entity for Federal program matching requirements shall be excluded fi.om consideration. The Recipient shall ensure that the audit complies with the requirements of section 215.97(7), Florida Statutes, and the State Projects Compliance Supplement. The State 2.- 2003 Projects Compliance Supplement can be found at tqtlp :/"xv,.xTv. f'saa, state, fl.us/statutes.asp#C. Compliance includes submission of a reporting package as defined by section 215.97(2)(d), Florida Statutes. If the Recipient expends less than $300,000 in State awards in its fiscal year, an audit conducted in accordance with the provisions of section 215.97 is not required. Audit costs may not be charged to state projects when the Recipient expends less than $300,000 in State awards. Unless prohibited by law, thecost of an audit required by section 215.97 is an allowable charge to a state project. However, charges to state projects should be limited to those incremental costs incurred by the Recipient as a result of the audit requirements of section 215.97 in relation to other audit requirements. The Recipient should allocate the incremental costs to all state projects for which it expended state financial assistance. The Recipient shall submit copies of reporting packages required by section 215.97 to each of the following: The Justice Administrative Commission at the following address: Attn: Roy Neet, Accounting Director P.O. Box 1654 Tallahassee, FL 32302 The ,Auditor General at the lbllowing address: State of Florida Auditor General Room 574, Claude Pepper Building 111 West Madison Street Tallahassee, FL 32302-1450 The Recipient shall retain sufficient records demonstrating compliance ~vith the terms of this Agreement for a period of 4 years from the date the audit report is issued, and shall allow the JAC access to such records upon request. The Recipient shall ensure that audit working papers are made available to the JAC upon request for a period of 4 years from the date the audit report is issued, unless extended in writing by the JAC. Pursuant to section 215.97, the JAC, the Auditor General and other state officials may conduct additional audits or evaluations of state financial assistance provided to the Recipient under this Agreement. This Agreement is subject to the following terms and conditions: The JAC's obligation to pay the Grantee is contingent upon the availability of state funds lawfully appropriated for the purposes stated in Paragraphs A & B. The Grantee will maintain all records made or received in conjunction with this Agreement in accordance with Rule 2.051. Flor/da Rules of Judicial Administration. In providing, or contracting to provide, services, programs or activities, maintaining facilities, and other~vise performing obligations under this Agreement, the Grantee and Grant Manager will comply with the Americans with Disabilities Act, the Civil Rights Act of 1964, as amended, the Florida Civil Rights Act of 1992 and any other federal or state law that prohibits discrimination on the basis of race, color, national origin, religion, sex, age, marital status, or handicap. If, in the judgment of the JAC, the Grantee for any reason fails to comply with the terms of this Agreement, the JAC will have the right to terminate the Agreement on 30 days written notice by certified mail. In the event of termination, the Grantee will return to the JAC all grant funds, except those expended in compliance with this Agreement, for reversion to the Grants and Donations Trust Fund unallocated. This Agreement constitutes the entire understanding of the parties. All modifications to the Agreement must be in writing. Tiffs Agreement is effective on the date of execution and will terminate on June 30, 2004. STA'FE OF FLORIDA JUSTICE ADMINISTRATIVE COMMISS~O: ' GPoMNTEE BOARD OF COUNTY COMMISSIONERS COLLIER COLrNTY Signed by: Name: Roy L. Neel Signed by: Name: Title: Date: Title: Director, Finance & Accounting_ Justice Administrative Commission Date: 10/27/03 GRANT MANAGER TWENTIETH JUDr, ? C'IRCUIT Signed by: Name: Title: Date: Chief Judge, Twentieth Judicial Circuit EXECUTIVE SUMMARY Sheet 1 of 2 AVPLAT2003-AR3673 PETITION AVPLAT2003-AR3673 TO DISCLAIM, RENOUNCE AND VACATE THE COUNTY'S AND THE PUBLIC'S INTEREST IN A PORTION OF THE 10 FOOT WIDE DRAINAGE EASEMENT LOCATED ALONG THE REAR OF LOT 23, ACCORDING TO THE PLAT OF "THE LODGINGS OF WYNDEMERE SECTION ONE" AS RECORDED 1N PLAT BOOK 13, PAGES 8 THROUGH 12, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. LOCATED IN SECTION 19, TOWNSHIP 49 SOUTH, RANGE 26 EAST. OBJECTIVE: To adopt a Resolution to vacate a portion of the 10 foot wide Drainage Easement located along the rear of Lot 23, according to the plat of "The Lodgings of Wyndemere Section One." CONSIDERATIONS: Petition AVPLAT2003-AR3673 has been received by the Engineering Services Department from ne Yeager Chcffy, Esq., as agent for the petitioners, Kenneth W. and Barbara Finn, requesting ,he vacation of a portion of the 10 foot wide Drainage Easement located along the rear of Lot 23. The 10 toot wide easement is acutally a Drainage and Utility Easement. However, only the Drainage Easement was dedicated to Collier County. Maintenance of the Drainage Easement is the responsibility of the Wyndemere Homeowner's Association. A portion of the easement is being requested to be vacated because a pool and pool deck was previously constructed in this area of the Drainage Easement. The pool setback requirement in the rear of the lot is 10 feet but the corner of' the pool deck is only 8.2 feet from the rear lot line, so an Administrative Variance was applied for and was approved by the Collier County Planning Department (Administrative Variance AVA-2003-AR-4627). Letters of no objection have been received from the k)llowing Collier County Departments: Public Utilities, Engineering Services, Stormwater Management and Transportation. Letters of no objection have also been received from Wyndemere Homeowners' Association, Florida Power and Light, Sprint, Time Warner Cable and the owners of the abutting lots (Lots 22 and 24). Zoning is P.U.D. A copy of this Executive Summary and the date of the County Commission Board Meeting were sent to Ed Kant in Transportation and to Jacquelyn Johnson in Public Utilities on Nov. 14, 2003. FISCAL IMPACT: Planning Services has collected a $1,000 "Petition to Vacate" fee from the petitioner which covers the County's cost of advertising, recording and processing the Petition. DEC 16 Sheet 2 of 2 AVPLAT2003-AR3673 GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with this Executive Summary. ENGINEERING SERVICES STAFF RECOMMENDATION: Recommendation that the Board of County Commissioners: 1. Adopt the Resolution for Petition AVPLAT2003-AR3673 for the vacation of a portion of the 10 foot wide Drainage Easement along the rear of Lot 23, "The Lodgings of Wyndemere Section One"; and 2. Authorize the execution of the Resolution by its Chairman and direct the Clerk to the Board to record a certified copy of the Resolution in the Official Records; and 3. Request the Clerk to the Board to make appropriate marginal notes on the recorded plat. PR EPARED BY:~2_~_.,~_.._ Rick Grigg, P.S.M. Engineering Services DATE: Thomas'T~. I~hc-k, P.E. Engineering Services Director DATE: J,4o'seph K:.Schmitt, Administrator t~munity Development & Environmental Services DATE: DEC 1 6 2003 RESOLUTION NO. 2003- A RESOLUTION OF THE COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS FOR PETITION AVPLAT2003-AR3673 TO DISCLAIM, RENOUNCE AND VACATE I'HE COUNTY'S AND THE PUBLIC'S INTEREST IN A PORTION OF THE 10 FOOT WIDE DRAINAGE EASEMENT LOCATED ALONG THE REAR OF LOT 23, ACCORDING TO THE PLAT OF "THE LODGINGS OF WYNDEMERE SECTION ONE" AS RECORDED IN PLAT BOOK 13, PAGES 8 THROUGH 12, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. LOCATED IN SECTION 19, TOWNSHIP 49 SOUTH, RANGE 26 EAST. WHEREAS, pursuant to Section 177.101, Florida Statutes, Jane Yeager Cherry, Esq., as agent for the petitioncrs, Kenneth W. ~ml B-tr~"ara Finn, does hereby request the vacation of a portion of the 10 foot wide Drainage Eascment l~,cated along the rear of Lot 23, according to the plat of"The Lodgings of Wyndemere Section One" as recorded in Plat Book 13, Pages 8 lhrough 12, Public Records of Collier County, Flor/da; and WHEREAS, the Board has this day t:eld a public hearing to consider vacating a portion of the 10 foot wide Drainage Easement located along the rear of Lot 23, according to the plat of "The Lodgings of Wyndemere Section One," as more fully described below, and notice of said public hearing to vacate was given as required by law; and WHEREAS, the granting of the vacation will not adversely affect the ownership or right ofconveni ..... c('~s of other property owners. NOW, 'h,EREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNIY, FLORIDA, that the County's easement interests over and across the following portion of the t 0 foot wide Drainage Easement are hereby vacated, extinguished, renounced and disclaimed, and this action is declared to be in the Public's interest and for the Public's benefit: See Exhibit "A" attached hereto and incorporated herein. Page I of 2 BE IT FURTHER RESOLVED, that the Clerk to the Board is hereby directed to record a certified copy of this Resolution in the Official Records of Collier County, Florida, and to make proper notation of this vacation on the recorded plat as referenced above. This Resolution is adopted this after motion, second and majority vote favoring same. day of ,2003, DATED: ATTEST: DWIGHT E. BROCK, Clerk BO,ad>d) OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Deputy Clerk BY: Tom Henning, Chairman Approved as to form and legal sufficiency: Patrick G. White, Esq., Assistant County Attorney Page 2 of 2 ACtA I~.~ DEC 1 6 2003 LEGAL DESCRIPTION EXHIBIT "A" SHEET 1 OF 2 AVPLAT2003-AR3673 A portion of Lot 23, The Lodgings of WYNDEMERE, SECTION ONE, recorded in Plat Book 13 page 8 of the Public Records of Collier C',unty, Florida, being more particularly described as follows: Commencing at the Northeast comer of Lot 23, The Lodgings of WYNDEMERE, SECTION ONE, recorded in Plat Book 13, page 8 of the Public Records of Collier County, Florida and run 38.45 feet along the arc of a curve concave to the Southwest having a radius of 1360.0 feet, a central angle of 1°37'12", a chord of 38.45 feet and a chord bearing of N83°16'05"W; thence run S05°55'19"W for 7.69 feet to the POINT OF BEGINNING; thence run S00°59'41"W for 2.32 feet to the intersection with the 10 foot easement line and a non-tangential point with a curve; thence run 29.48 feet along the arc of said curve concave to the Southwest, having a radius of 1350.0 feet, a central angle of 1°15'04'', a chord of 29.48 feet and a chord bearing of N84°41'4Y'W; thence run S89°12'10"E for 29.40 feet to the Point of Beginning, containing 32.5 square feet more or less. Prepared by: Carol E. Nelson, PLS Florida Reg. No. 5013 330 Wilson Boalevard South Naples, F!ofida 34117 Date: Feb. 24, 2003 DEC 1 6 2003. EXHIBIT "A" SHEET 2 OF 2 AVP LAT2003-AR3673 SKETCH OF LEGAL DESCRIPTION THE LODGINGS OF WYNDEMERE, SECTION LOT 25 ONE 10' EASEMENT ~2 POOr SCREENED POOL AREA ENLARGED DETAIL PARCEL "G-I" THIS IS NOT A SURVEY. CLIENT: KENNETH W. and JANE CHEFFEY, NORTHEAST CORNER OF LOT 23, LODGINGS OFWYNDEMERE, SEC~ON ONE .., ONE STORY RESIDENCE ~ LOT 24 LOT 23 CURVE 1 o/ 0 BARBARA FINN ATTORNEY CURVE 2 R=1550.00' D=01'15'04' A=29.48' C=29.48' CB=N84.'41'45"W R=1560.00' D=01'57'12" A=58.45' C=58.45' CB=N83'16'O5"W SCALFz DATE: BY: CAROL E. NELSON, PLS FLORIDA REG. NO. 5013 AC,~OA ITI~ DEC ] 6 2003 CAROL E. ] PROFESSIONAL 330 ~ILSON BC NAPLES. FI 239') 3~ 1'=30.0' Feb. 2003 CI'~ BY:_ I PETITION Attachment "B' FORM FOR VACATION OF PLATS OR OF PLATS OF SUBDIVIDED LAND PORTIONS 16Al Date Received: Petition #: Petitioner: Kenneth W. and Barbara Finn Address: 146 Edgemere Way South City/State: Naples, Florida 34105 Telephone: Zip Code: Agent: Jane Yeager Chef fy Address: 2375 Tamiami Trail North, Suite 310 Telephone: City/State: Naples, Florida 34103 Zip Code: 239 263-1130 Address of Subject Property: 146 Edgemere Way South, Iqnpl ~: F1 nfl ctn Location: Section Township Range Subdivision: Legal Description: Lot 23 Block Unit Plat Book 13 Reason for Request: Encroachment on Drainage ~asement Current Zoning: Does this affect density? Page(s) 8 I hereby authorize Agent above to represent me for this petition: 7q~] Yes [] No Signature of Petitioner Date Kenneth W. Finn and Barbara Finn Owners Print Name (Title) Please see "Policy and Procedure for the Vacation and Annulment of Plats or Portions of Plats of Subdivided Land" for the list of supportive materials which must accompany this petition, and deliver or mail to: Community Development & Environmental Services Division Planning Services Department 2800 North Horseshoe Dr. Naples, Florida 34104 (1) (2) (3) (4) Attachment "B" Page 4 of 4 If aPplicant is a land trust, indicate the name of beneficiaries. If applicant is a corporation other than a public corporation, indicate the name of officers and major stockholders. . If applicant is a partnership, limited partnership or other business entity, i~~~~-- principals. List all other owners. IDEC 16 2E23 P~°- 7 Official Receipt- CDPR1103 - Official Receipt Collier County Board of County Commissioners iTrans Number t Date Post Date 383010 1/29/2003 1:50:56 PM I 1/29/2003 Payment Slip Nbr AR 3673 Appl Name: JANE YEAGER CHEFFY Appl Stage/Status: REVIEW STAGE NO. 1/PENDING Address: 2375 TAMIAMI TRAIL NORTH SUITE 310 NAPLES FL 34103 Proj Name: FINN, KENNETH Type: TAZ: 88 Subdiv Nbr: 1975 Project Nbr: 2003010053 Payor · JANE YEAGER CHEFFY Fee Information Fee Code [ Description I GL Account il 2TRVC REV ACCT/VAC EASEMENT-ROW 11313832032910000000 Total Amount Waived $1000.00 $1000.00 P~a.~/m ent Code Payments Amount I $4000.00 !CHECK Accoun~Check Number 4000 Total Cash I $0'00 t Total Non-Cash $1000.00 Total Paid i $1000.001 Memo: Cashier/location: MCCAULEYKATY / 1 User: SMITH_G Collier County Board of County Commissioners CD-Plus for Windows 95/NT DEC 1 6 2003 3055221 OR: 3122 PG: 1139 RBCORDBD in OFFICIAL RECORDS of COLLIBR COI;ll?~, FL 10/03/2002 at 08:I~AM DWlGIiT Il. BROCI(, CLBRK CO~S 585000,00 R]C ~]! 10,50 DOC-.70 4095.00 JANB YBAGBR CHE~F¥ This Instrument Prepared by, without opinion or review of title: ,JANE YEAGER CHEFFY, Attorney at Law 2375 Tamiami Trail North, Suite 310 Naples, Florida 34103-4439 Phone: (239) 263-1130 Fax: (239) 263-3827 Property Appraisers Parcel Identification Number: 83340920003 Grantee's Tax Identification No.: SPACE ABOVE THIS LI~{E FOR RECORDING DATA THIS WARRANTY DEED made and executed the (5~.day of Se_pte. mbert A.D., 20.02, b~alASA L. ANDER.SON, a single woman, ',,:hose mailing address is: c4 ~___7--[ CC)bIO.__ ~__~t>'J'o.~ $ Et. ,5 qff - . (hereinafter the "Grantor"), to KENNETHW. FINNand BARBARA FINN, husband and wife, as tenants by the entirety whose mailing address is: 146 Edgemere Way South, Naples, Florida 34105, (hereinafter the Grantee"): (Wherever used herein the terms "Grantor" and "Grantee" include all Ihe parties to this instrument and the heirs, legal representatives and assigns of individuals, and the ~uccessors and assigns of corporations.) WITNESSETH: That the Grantor, for and in consideration of the sum of$10.00 and other valuable considerations, receipt whereof is hereby acknowledged, by these presents does grant, bargain, sell, alien, remise, release, convey and confirm unto the Grantee, all that certain land and all improvements thereon situate in Collier County, Florida, (the "Land") via: Lot 23, THE LODG'INGS AT WYNDEMERE, SECTION ONE, according to the plat thereof as recorded in Plat Book 13, Page(s) 8 through 12, Public Records of Collier County, Florida SUBJECT ..sements, restrictions, reservations, limitations and conditions of record common to the subdivision, applicaole zoning ordinances and taxes accruing subsequent to December 31, 2002. TOGETHER with ali the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. TO HAVE AND TO HOLD, the same in fee simple forever. Page I of 2 DEC 1 6 2003. *** OR: 3122 PG: 1140 AND the Grantor hereby covenants with said Grantee that it is lawfully seized of the Land in fee simple; that it has good right and lawful authority to sell and convey the Land; that it hereby fully warrants the title to the Land and will defend the same against the lawful claims of all persons whomsoever; and that the Land is free of all encumbrances. IN WITNESS WHEREOF the Grantor has caused these presents to be executed the day and year first above written. Sign)d sealed and delivere~lA..n tht presence of: S' ',TE OF FLORIDA COUNTY OF COLLIER I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and aforesaid to take ackno~:leff~ments, per.5-~alL,~ap.12ea,red,...LISA L. ANDERSON __ who are County personally known to me, or v.~ave produced V-C.- L)'~d----/--41'2 as identification, and who did not take an oath. & AWi~TNESS my hand and official seal in the State' and County l~lst af°resaid;his C:Q-~ dayof ~..'~ Wot,vt Publt0 · state ol rt. Printed Name of Notary ~-[~p.~/Comm. Exp. Oeo. 26, ~003 My Cormnission Number is: '"~"~'- Comm. No. CC 879733 My Commission Expires: Page 2 of 2 DEC I 6 2003 Parcel Collier County Tax Collector 3301 Tam[ami Trail East, Naples, FL 34112-4997 2002 Tax Roll Inquiry System Page 1 of 1 OWNER INFORMATION PROPERTY INFORMATION ;~ls334°92°°°3 II Acre:ll°'3a Name:]IANDERSON, LISA L Address:Ill46 EDGEMERE WAY S Address:Il Address:Il Address:II Address:IINAPLES, FL 34105-7107 [ Loc:[[146 S EDGEMEREWAY I LegaI:[[WYNDEMERE LODGINGS SECT I I LegaI:J[LOT 23 [ Legal:II [Legal:[[ VALUE/EXEMPTIONS I TAX INFORMATION PAY TERMS PAYMENT INFO Taxble Value:H391402 Mi'age C°de:lll°4 Homestd Ex:II2s000 Agricltr Ex:II0 Widow Ex:ilo ~,,~d ExflO Ve~era~ sdlo Whol,y Ex:Ilo Civilian Ex:Ilo School st:J[1,702.21 School Ioc:111,002.77 City Tax:Il0.00 lndepend:][437.08 Advertising:]Jo.o0 Nov:lis,ms2 ~[s,=,9.~o Paid Dt :1[~ ~ ~oz ~ecpt:l[~S8 Mach:l[0s STATUS INFO. Non Ad Va:][Y Installment:liN Deferred:liN Bankrupt::JJN TDA:I[0 COMMENTS * Non Ad Valorem Amount Included in Gross Tax I NON AD VALOREM INFORMATION ]JAuth # IJPer age ][9013 ]IGAP. BAGE IIDIST 1 ]]Amount jjAuth Name jj127.27 Last Updated: 2/6/2003 5:00pm http://ww~v.colliertax.com/RecordDetail.asp?FoliolD=83340920003 DEC 1 6 2003. II .,CB :" ..-' ~ ®~, DEC 1 6 2003 I I t DEC I 6 2003 ~. /$ Details Folio No.ll83455000400 il Current Ownership Page 1 of 1 Property AddressJJ 760 WYNDEMERE WAY Owner Name]J WYNDEMERE COUNTRY CLUB INC Addresses]J 700 WYNDEMERE WAY city]J NAPLES II StateJJ FL tl ZiPlJ 3410S - 7aa9 I 1 WYNDEMERE TRACT MAP REPLAT OF REPLAT TRACT GC-2 J Section Il I '"~,,Use Code JJ Township il Range II Acres II Map No. 49 ti 26 IJ 174.22 ][ 4B19 730300 38 J[ Strap No. ] J[730300GC-2 14B19 ] ~ Mi[La g~ ] o 1 2002 Final Tax Roll Values Land Value [ (+) Improved Value J (=) Market Value J (-) SOH Exempt Value J (=) Assessed Value J (-) Homestead and other Exempt Value J (=) Taxable Value ]t $4,061,415.00 I1 Date JJ ]J $ 3,555,586.00t J07/1988jJ JJ $ 7,517,oozoo J II $ o,oo I II $ 7,617,002.00 J $ 0.00 J II $ 7,5a7,oo2.oo I SOH = "Save Our Homes" exempt value due to cap on assessment increases. Latest Sales History 1352-1so7 JJ $8,6o?,3oo.ooj The Information is Updated Weekly. DEC I 6 2003. http://ww~v.collierappraiser.conVRecordDetail.asp?FoliolD=O000083465000400 2/7/2003 Details I Folio Nc. II 83340800000 Current Ownership Page 1 of 1 Property Addressil 140 EDGEMERE WAY S Owner Namell JEPPESEN, WARREN=& DONNA I Aadressesjl 140 EDGEMERE WAY S J I Cityll NAPLES II Statell-~-I~' II Zipll 34105 - 7107 Legaq WYNDEMERE LODGINGS SECT I LOT 20 [ Section ]1 Township IlRange il Acres Jl Ma..o. il Strap.o. I [ 19 ]1 49 II 26 [I 0.31 II 4B19 II 729400~ =04m9 I SubNo. ]1 729400 IIw¥"DEMERELODC'NGSSECl II~Mi[lage_._A_r.e~a II ~ U.~e Code ]1 ' II SINGLE FAMIL~ RESIOENTIAL II ,04 II 2002 Final Tax Roll Values Land Value II $ 127,200.00 ] (+) Improved Value 11 $ 250'545'001 (=) Market Value ][ $ 377,745.00 (-) SOH Exempt Value ]1 $ 5,537.00 (:) Assessed Value ][ $ 372,208.00 i (-) Homestead and other Exempt Value $ 25,000.00 J (=) Taxable Value Il $ 347,208.00 J SOH = "Save Our Homes" exempt vaitJe due to cap on assessm¢pt increases. Latest Sales History Date II Book- Page II Amount 08/1999 tl 2577-1574 il $ 427,500.00 07 / 1995}1 2074- 2207 IJ $ 365,000.00 041 1989II 1431- 254 II $ 430,000.00 12/1987 Il 1313-144 Il s 365,000.00 11/ 1986 Il 1233-197]1 $ '00,000.00 The Inf,3rm3t:on ;s U~:dated Weekly, ,~D^ ~/1. DEC 1 6 2003 /5' http ://~vxvw.collierappraiser.conv'RecordDetail.asp ?FoliolD=O000083 340800000 2/7/2003 Details Folio uo.ll 83340840002 I Current Ownership Property Addressl1142 EDGEMERE WAY S Owner Namell WHITBECK, WILLIAM R Page I of 1 Addressestl 142 EDGEMERE WAY S I cityJl NAPLES II Statell FL zipjl 34105- 7107 Legal][-'~/~YNDEMERE LODGINGS SECT I LOT 21 Section ii Township II Range 19 II 49 II 26 11 Acres II Map It 0.31 II 4B19 IIWYNDEMERE LODGINGS SEC I IISINGLE FAMILY RESIDENTIAL Il Strap No, I 11 7294001214B19 I Il ~'' Mi!.!~geArea II MillaGe_ o 2002 Final Tax Roll Values Land Value I (+) Improved Value IL I (=) Market Value I[ I(') SOH Exempt Value II I(=) Assessed Value 1t I (') Homestead and other Exempt Value IF I (=) Taxable Value $ 127,200.0011 Date II $ 249,460.00 I f 07/1994 1[ $376,66o.oo]1 14/1986 tl $19,023.0011 06/1985 II $ 357,637.00 t $ 25,000.00 ] $ 332,637.00 j SOH = "Save Our Homes" exempt value due to cap on assessment increases. Latest Sales History Book-Page 1965-1455 1230-251 1142-2370 Amount $422'500'001 Il $375,000.00J II s lOO,OOO.OOl The !n¢orm:t"n s Updated Weekly. ACd~D~I:)A ITED~ / 7 DEC 1 6 2003 http:/Av~w~.collierappraiser.com/RecordDetail.asp?FoliolD=0000083340840002 2/7/2003 Details Page 1 of 1 Current Ownership Property Addres;/I 144 EDGEMERE WAY S Owner Name]l BUTTEREY, SCOTT E=& LINDA Addresses]1144 EDGEMERE WAY S NAPLES II Statell FL II zipl134105-7107 Legal WYNDEMERELoT 22 LODGINGS SECT I I Section tl Township II Range II Acres I 19 II 49 II 26 II 0.31 IIWYNDEMERE LODGINGS SEC 1 IISINGLE FAMILY RESIDENTIAL II MapNO. [I Strap No. I IL 4B19 Il7294001224B19 I tl 1o4 II o I 2002 Final Tax Roll Values I Land Value II $127,200.00 t (+) Improved Value ti $ 245,557.00 I (=) Market Value II $ 372,757.00 I{-) SOH Exempt Value II $ 0.00 I (=) Assessed Value tl $ 372,757.00 I (-) Homestead and other Exempt Value II $ 0.00 L (=) Taxable Value {I $ 372,757.00 S©H = "Save Our Homes" exempt value due to cap on assessment increases. Latest Sales History I Date II Book-Page II Amount I I 08 1 2000 tl 2712- 85 tl $ 3o5,ooo.oo I I 06t~98~ Il ~44.-~461t $ 350,000.001 I 02/~986 II .77-~752II ~ ~00,000.001 The Information is Updated Weekly. DEC 16 2003 P~' /7 http://wwxv.collierappraiser.com/RecordDetail.asp, FoliolD=0000083340880004 2/7/2003 Details I Fo,,o No.il 83340960005 Current Ownership II Prope.y Addressll 148 EDGEMERE WAY S Page 1 of 1 Owner Nameit HILL IRS, BARBARA=& ROBERT W Addresses THE148 EDGEMEREBARBARA HILLwAyTRs 10/2/92 I cityll NAPLES II statell FL zip[I 34105 - 7107 Legal WYNDEMERELoT 24 LODGINGS SECT I [ Section I[ Township I[ Range ]1 Acres II Map No. I 19 II 49 II 26 II 0.32 II 4B19 I SubNo. Il 729400 I ~ Us.~Co~de II I IIWYNDEMERE LODGINGS SEC I SINGLE FAMILY RESIDENTIAL Strap No. II ?29400,244819 Millage_ o 2002 Final Tax Roll Values Latest Sales History Land Value ti $129,744.00 t (+) Improved Value [I $ 223,455.00 I (=) Market Value II $ 353,199.00 t (-) SOH Exempt Value 11 $ o.oo t (=) Assessed Value II $353'199'00 I Homestead and other Exempt Value $ 25,000.00 I (=) Taxable Value II $ 328,199.00 Oate ]1 Book-Page II 2o01 112843- 372II 1 o612OOl II 2843-369 II 04/1995 il 2045- 2138 o3/~989 ]1 1420-1459 [ 11/1982 ]1 994-1319 II Amount [ $ 0.00 [ $ 0.00 { $ 355,000.00 $ 395,000.00 $ 73,400.00 SOH = "Save Our Homes" exempt value due to cap on assessment increases. The Information is Updated Weekly. DEC I 6 2003 p,. //~' http://www.collierappraiser.corn/RecordDetail.asp?FoliolD=0000083340960005 2/7/2003 Details Page 1 of 1 Fo,io No.l183344000003 Current Ownership Property Addressl[ 150 EDGEMERE WAY S Owner Name]l LIEBERT JR, CARL W=& KATHIE H Addressesll 150 EDGEMERE WAY S I civil NAPLESII Statell FL ZipJl 34105- 7107 I Legal WYNDEMERELoT 25 LODGINGS SECT I Section II Township II Range lg 11 4~ II 26 11 Acres II Map No. 11 0.29 II 4B19 II WyNDEMERE LODGINGS SEC I SINGLE FAMILY RESIDENTIAL t[ ~ M iJJ ag_e. A_r__ea 11 Strap No. [ II 729400,264B19 I 2002 Final Tax Roll Values ILand Value II i (+) Improved Value 11 [ (=) Market Value Jl l (-) SOH Exempt Value Latest Sales History I (=) Assessed Value Homestead and other Exempt Value [ (=) Taxable Value $417,722.oolt Date II Book-Page $426,$s1'°° I I °9/4989 II 1469-1481 $ 544'273'00 I I 12/1980 II 44Ol-1,66 11 $o.oo I I ~2,1987 II 134~-~4o $ ~,~7~.oo I $ 0.00 ~ $ 544,273.00 ~ :5OH = "Save Our Homes" exempt value due to cap on assessment ir~creases. II $ s94.ooo.oo I II $1~$,ooo.oo I I[ $ lO4,6oo.ool The Information is Updated Weekly. ~A rrr~ DEC 1 6 20O3 http://xvww.collierappraiser.com/RecordDetaiI.asp?FolioID=0000083341000003 2/7/2003 Details Current Ownership Property Addresst[ 152 EDGEMERE WAY S Owner Name][ TENHOOPEN, PAUL E=& MARIAN P Page 1 of 1 Addresses]l 152 EDGEMERE WAY S city]{ NAPLES smell FL zipll a41os-71o7 Legal][ WYNDEMERE LODGINGS SECT I LOT 26 Section ]] Township ][ Range 19 Il 49 Il 26 Sub No. 11 729400 II Acres II Map No. II 0.42 Jl 4B19 II IIWYNDEMERE LODGINGS SEC 1 SINGLE FAMILY RESIDENTIAL Strap No. [ 729400 I 264B19 I ~ Millag~ o I 2002 Final Tax Roll Values Latest Sales History I Land Value Il $145,683.ooII Date II .ook- Page I(+) Improved Value Il $ 299,963.00 I I 08~2000II 2709-1328 I (=) Market Value ti $ 446,646.00 }10411999 II 2530- 3011 I(-)SOH ExemptVa,.e II $6,596.0011 02,1988 II 1326-9~8 t (=) Assessed Value II $44o,o5o.ooll 03/1982Il 962-1927 ~(-) Homestead and other Exempt Value ~ $ 25,000.00 I SOH = "Save Our Homes" exempt value due to cap on assessment increases. tl $ ~o,ooo.oo I Il * 425'000'00 I II $ o.oo I $ 86'°°°'°° I The Information is Updated VVeekly. DEC 1 G 2003 http://wxvw.coltierappraiser.comJRecordDetail.asp?FoliolD=0000083341040005 2/7/2003 Details I Folio NO.]I 83343280009 Current Ownership Page 1 of 1 Property Address]l 153 EDGEMERE WAY S Owner Name][ BISSON, MARGARET L Addresses][ 153 EDGEMERE WAY S c,~ll NAPLES Stateit FL z'.l134405- 7~08 LegalI WYNDEMERE LODGINGS SECT I I LOT 83 Section il Township 1t Range 49 II 49 l[ 28 Acres 0.28 IIWYNDEMERE LODGINGS SEC 1 IISINGLE FAMILY RESIDENTIAL Map No. 4B19 ,04 II Strap No. l II 7294001834B19 I 2002 Final Tax Roll Values Latest Sales History I Land Value II $ 84,835.001f Date II Book- Page ti I(+) Improved Value II $ 224,234'°0 1 I 051 2002II 3041- 2SS Il I(=) Market Value Ii $309,0~9.0011 08~998 II 2~83-23s3 II I(~)SOHExemptvalue Il $ooo J t o~.~e Il 2183-2360 Il I (=) Assessed Value Il $309,0~.00 i Foz~198~ II 14~e-e=~ Il { (-) Homestead and other Exempt Value II $0.00iL o2¢19~ Jl 1416-624 II t ~=~T~b,~W,.~ II$~os.o~.oo I~o~ ]1 ~o-~ It SOH = "Save Our Homes" exempt vague due ~o cap on as59%~r ~n~ i~creases. Amount $ 237,000.00 $ 307,500.00 $ 307,$00.00 $ 82,500.00 $ 82,500.00 $ 66,000.00 The [rffor~ ',:,;;,:~ ~s Updated Weekly. http ://w~'w.collierappraiser.com/RecordDetail. asp?FolioID=0000083343280009 A~A ,TEMA_. DEC 16 2003- 2/?/2003 Details Page 1 of 1 Folio No. JJ 83343320008 Current Ownership II Property Address]t 151 EDGEMERE WAY S Owner Namell BELT, RICHARD B=& JESSIE B Addresses]J 151 EDGEMERE WAY S City]l NAPLES smell FL ZipJJ 34'105-7'108 Legal [ WYNDEMERE LODGINGS SECT I I LOT 84 J Section jJ Township 1[ Range I 49 11 49 1[ 26 J Sub No. JJ 729400 I '~'' use c°de I1 ~ ]1 Acres It ~ap No. Il o.3 II 4m9 II JJWYNDEMERE LODGINGS SEC I JJSINGLE FAMILY RESIDENTIAL Strap No. ] 729400 I 844B19 1 ~ Millag~ I o I 2002 Final Tax Roll Values Latest Sales History I Land Value II s86,640.00 II Date J[ Book- Page J(+)lmprovedValue II $230,104.00t J 09/1991 J[ 1648-891 I (=) Market Value II $3~6,744.001 [ o~ ~987 ]l ~249-~28 J(-) SOH Exempt Value II $ ~3,o7o.oo I J (=) Assessed Value JJ $ 303,674.00 J l<') Homestead and other Exempt ValueII ,29,ooo.oo 1 J (=) Taxable Value Il $ 278,674.00 J · SOH = "Save Our Homes" exempt value due to cap on assessment eas~. increases. ][ s o.ool The ,cf ........ is Updated Weekly. A~r_NOA ITEM DEC 1 6 2003. http://,,wwv.collierappraiser.com/RecordDetail.asp?FolioID=0000083343320008 2/7/2003 Details Page 1 of 1 Fo,io No-II 83343360000 Current Ownership Property Addressl[ 149 EDGEMERE WAY S Owner Namell DE VINCENT, JOHN =& MICHELLE I Addressesl1149 EDGEMERE WAY S I c~ll NAPLESII Statell FL I zipl134105- 71o8 I Legal I WYNDEMERE LODGINGS SECT I LOT 85 Section II Township 1[ Range 19 tl 49II 26 I Sub No. II 729400 I ~UseCo~_ tl 1 Acres II0.32 il WYNDEI~IERE LODGINGS SEC 1 SINGLE FAMILY RESIDENTIAL Map No. II 4B19 11 Strap No. II 729400,854B19 I II ~ ~,,,a~ I 2002 Final Tax Roll Values Latest Sales History I Land Value II $ 89,340.001 [ Date ]1 .ook- Page I(+)ImprovedValue II $ 224,598.001 [ 12/1996 ]1 2258- 365 t (=) Market Value 11 $ 313,946.00I [ 10/1995 ]1 2107-92 I{-)SOH ExemptValue t{ $11,89o.oo1[ 03/1991 ]t 1597-1677 I (=) Assessed Value Il $ 302,056.00 t[ 12/1985 il 1167-1955 I(') Homestead and other Exempt Value II $ 25,000.00 I { (=) Taxable Value tl $ 277,056.00 I SOH = "Save Our Homes" exempt value due to cap on assessment increases. II * 31o,ooo.ool II$ 330,000'00 1 II $ 327,250-001 tl * 327,5°°-°°1 The Information is Updated Weekly. http://w~vxv.collierappraiser.com/RecordDetail.asp?FoliolD=O000083 34 3 360000 DEC 1 6 2003 2/7/2003 Details i Fo,io No.]l 83343400009 Current Ownership Page 1 of 1 It Property AddressJt 147 EDGEMERE WAY S Owner NamejJ WILSON, BRIAN AddressesJJ 147 EDGEMERE WAY S I ciwlt NAPLESII StateJl FL zipl134105- 7108 I Legal WYNDEMERELoT 86 LODGINGS SECT I I Section 11 Township tl I 19 tl 49 It I UseCod. tl 1 Range Il Acres II map No. 26 I! 0.32 !1 4B19 jJWYNDEMERE LODGINGS SEC 1 J[SINGLE FAMILY RESIDENTIAL JJ ~,, Millage A~rea 104 J[ Strap No. J I[ 729400,864B19 I l[ ~,. Millage_ J 2002 Final Tax Roll Values [ Land Value ][ $ 89,348.00 [(+) Improved Value ][ $182,454.00 [ (=) Market Value ][ $ 271,802.00 J(-) SOH Exempt Value ][ $ 0.00 j (=) Assessed Value ]J $ 271,802.00 J(-) Homestead and other Exempt Value ][ $ 25,000.00 J (=) Taxable Value II $ 246,602.00 SOH - "Save Our Homes" exempt value due to cap on assessment ir~cr ~s. I o8~2OOl tl I lO/ml 106/1987 I Ol ,' 1987 Latest Sales History Book-Page 2872-1152 1659-1685 1277-1586 1243-1034 JJ Amount J Il $335,ooo.ooj Il $337,9o0.ooj ti $ 64,000.00 J 6o,ooo.ool The Information is Updated Weekly. DEC 1 6 2003 ,,.. 2'/ http://www.collierappraiser, com/RecordDetail.asp?FolioID=0000083343400009 2/7/2003 Details J Fo,o No:J183343440004 Current Ownership Page 1 of 1 Il Property AddressJJ 145 EDGEMERE WAY S Owner Namell HANSON, DAVID J=& CARMEN Addressesll 145 EDGEMERE WAY S I cityll NAPLES II smell FL zipl134~0s-?~08 I LegalI VVYNDEIVIERE LODGINGS SECT I LOT 87 I Sectio. IITownshipIlRange ti Acres I ~9 II 4911 26 Il 0.33 IIWYNDEMERE LODGINGS SEC I II SINGLE FAMILY RESIDENTIAL Map No. It 4m9 II II 404 Strap No. II 729400 ~ ~74m9 2002 Final Tax Roll Values ILand value II I(+) Improved Value I (=) Market Value [ {-) SOH Exempt Value i (=} Assessed Value Il Homestead and other Exempt Value JJ j {=) Taxable Value JJ $ os,44s.ooll Date II 267,941.0011 04,2004 II ~s6,s86.oo I I o9 ~ =ooo II $6,69o.oo II o~98s II $349,696.oo I I oe,~9~s II *2s,ooo.oo I I 07,~8s II ,324,~os.oo II o2,~8s II SOH = "Save Our Homes" exempt value due to cap on assessment increases. Latest Sales History Book-Pagetl 2813-759 11 2726-475 II ~372-~o76It Amount $ o.oo $ 340,000.00 $ 320,000.00 $ 60,000.00 $ 60,000.00 $ 60,000.00 The Information is Updated Weekly. http://xvww.collierappraiser.com/RecordDetail.asp?FoliolD=0000083343 440001 2/7/2003 BOUNDARY SURVEY FOUND 5/8 RO~ OLD CAP .... CABLt.. LITIU'BES LOT 22 bJ U 49.1' SCREENED POOL PARCEL "G-l" FOUND 5/8 ROD OLD CAP C2 ONE STORY RESIDENCE FOUND 5/8 RO0 NO CAP FOUND PERMANENT LOT 2,3 REFERENCE ~5.3'~ MONUMENT LOT 2.4 CONCRETE. - ,: · ? ~,~.. z.. · ' 23.6' · " ~ I FOUND ~:1 5/8 ROe .-,L- ~ #501 ------ WITNESS I 1.y N.W. 2' VALLEY GU1TER ]B '-: I ~-- EDOE P^VEMENT FOUND ~ ~ ~ NAIL -~",DG,~'.I~.~"R.~7 ~'A~,,- ~0~ ~FOUND 50' E~GHT OF WAY NAiL CURVE J RADIUS I LENGTH j CHORD I BEARING J DELTA J C1 1225.00' 100.50' 100.47' N84'OO'59'W 04'42'02"J 02 1360.00' 100.40' 100.38' S84'34'23"E 04q3'48""J Sept. lC. 2002 Dmtc of Survmy, 5¢ale, 1' = 30' Project No. F8 No. __O_..~.._D__. p.~O Job No. --02--41! .... KENNETIY W. FINN end BARBARA FINN JANE YEAGER CMEFFY ATTORNEYS' TITLE INSURANCE FUNZZ /NC. LOT 2.3. The Lodging~ of WYNDEMERE. 5EGTION ONE. Rmcorded In ?lint Book I.3. Rmge ~, of the Rubllc R~cord~ of Collier County. F/or/dm. J4G EDGEME/PE WAY 50UTH FLOOD ZONE 'X' - PANEL 120067 0425 O. BEARINGS BA~D ON PH~ICAL CEN~UNE ~ 16th A~NUE N.[ AS BEING N89'40'50'W. NO~ V~ EMBOSSED WITH SEAL CO?TRIC_.J'IT 2002 BY CAROL E. NEI. SO~. P~4. ALL RIC~T$ I~SERVED. COPY OF PLAT "THE LODGINGS OF WYNDEMERE SECTION ONE" PI.AT BOOK 13. PAGES 8 THRU 12 OF PARCEL S-4 I! , PAGES EAST , I#EET IOIr I DEOICATIO# to hP atoll. ~ll~ ~OWATI~ ~1 Ciue~ the~o preoe~tl to ~ ~1~ O~ ott*~ted to ~ t~ i~o~l:'l COIISt'II! |Fll~! I"%l'101e~l, JAr( 'AWD 'TRus'F Cf)49Ald¥ C~ ll~ or Ot~lT e~c~"a~c~ i~ ~lvor of X~EHLI~G i~U~T~%~S. I~C., A ti re~de~ i~ Offi ~ ~ecord ~ 79~, ~qel 769 thr~ 772, of t~ ~rtor4tto~, Dy a~lt~ recor~ OR ~ 7~, Fage LIZL, ~b AGENDA I~ DEC 16 2003 0 0 ~oo i- ACiENOA I~ DEC 1 6 2003 DEC 1 6 2003 coLLIER COUNTY GOVEM,~i~i~NT ;'[. BLI( UTILITIES DIVISION November 8, 2002 3301 E. TAMIAMI TRAIL NAPLES, FL 34112 (941) 732-2575 FAX: (941~ 732-2526 Jane Yeager Cheffy Suite 310 2375 Tamiami Trail North Naples, Florida 34103 Re: Lot 23, The Lodgings of Wyndemere Easement Vacation Dear Ms. Yeager Cheffy: l-his office has reviewed your request to vacate the utility and drainage easement along thc north border of the above referenced lot. The Collier County Water~Sewer District has no facilities in the area and ':. refore has no objection to the vacation of the utility and drainage easernent. Shonld you have any' further questions, please feel flee to contact me at 732-2571. Sincerely, Jacquelyn .P~J,6hnson Engineering Technician CC: Paul Mattausch, Water Director .loseph Cheatham, Wastewater Director Rick Grigg, Land Surveyor, Community Development g:X, engineering tcchX, easemcnt-r.o.xv, vacation,lot 23. thc lodgings of wvndcmeredoc OEC 1 § ~003 [ ! ~. ~o I.IGENSED TO PBACTIGE IN HEArI4E[I GILGHRIST, OF COUNSEL ! [CEN%ED TO pRAGTIGE IN FLORIDA, ILLINOIS, INDDKNA & OHIO TELEPHONE (94.1) 20~3 FAGSIMILE (941) j ych¢ f~y{~a, orldnel, att.n~ March 11,2003 k)hn Houldsworth ('oilier County Planning Department 2800 North Horseshoe Drive Naples, Florida 34104 Re: Letter of No Objection Partial Vacation of Plated Easement/Full Variance - _~, The Lodmngs of Wvndemere Dear Mr. Houldsworth: Please be advised that I represent Kenneth W. Finn and Barbara Finn in the matter of the :,~box e referenced request tbr a letter of no obiection. We recently closed upon the purchase of Lot :3, I he Lodgings of Wyndemere. Prior to that closing wc became aware ora small encroachment ~I' about 1.8 [~ct into the 10 tbot rear lot line utility and drainage easement. The encroachment is by a small sliver of the pool cage, as is more t~[ly described on the enclosed survey prepared by Carol E. Nelson, P.i,.S. and dated September 16, 2002. ~e Finns elected to close ~vith the encroachment but only with an undertaking to remedy the problem. Their decision was based upon cnangc~, and no one had ever tlxe tact that the * ...... '" ),ems old, has sevcrat times raised any objection. Also enclosed is a copy of the Plat of The Lodgings of Wyndemere, Section One, Plat Book 13, Pages 8 through 12, Public Records of Collier County, Florida. The Plat shows that there are two additional easements. One is a 7.5 tbot utility and drainage easement on the west lot line and thc other is a 10/hot drainage and utility easement along the front lot line. The Power & Light Co., and United Telephone Co. (their snccessors/assigns). Further enclosed is a letter from Florida Power and Light indicating that they have no objection or issue regarding the encroachment. Apparently there is an additional easement on the front lot line that they are using. ~A I~ DEC 1 5 2003 Letter of No Objection March 11, 2003 Page 2 On behalf of the Finns' I am requesting that you sign the "No Objection" statement below and return the same to me in the enclosed self addressed stamped envelope at your earliest convenience. Please do not hesitate to call me should you have any questions or comments. Thank you so much for your assistance in this matter. Sincerely, Jane Yeager Chef~' We have read the above request, reviewed the enclosed material and Collier Count3; Planning [)epartment has no objection to the partial vacation of the platted Utility and Drainage Easement. JOHN HOULDSWORTH DEC 16 2003. Right-of- Way Acquisition Stormwater :$tanagement Design & Engineering Construction Management October 21, 2002 Attorney At Law 23'75 Tamiami Trail North, Suite 310 Naples, Florida, 34103-4439 Subject: Lot 23, The Lodgings of Wyndci~,:::' Letter of No Objection Dear Ms. Cheffy: The Collier County Stormwater Management Section has reviewed the information showing an encroachment into the 10' Utility and l~rainage Easement that envelopes the rear yard of the property. The information as provided sho~s the pool enclosure to be about 25' long and encroactfing no more than 1.2' within tile I~Y l'tilitv and Drainage Easement. The existing easement is not being utilized by this Section. therefore, this Section has no-objection to the encroachment as shown. If you have any questions regarding this matter, do not hesitate to contact me. Sincerely yours / Jul5' C. Adannes Minor, P.E. Engineer, Senior JCAM/jcam CC: Robot! C. \Vilcs. P [:~., Principal Project~Ma. ttager, Stormwater Management Section Reading File QSoil'/er County F:\ Easement Encroachment\ Jane Yeager Cherry DEC 1 6 2003 ,3,3 LICENSED TO PRAGTIGE IH FI.C~RIDA & OHIO HEATHER GILGHRIST, OF COUNSEL LICENSED TO PRACTICE IN FLORIDA. ILLINOIS, INDIANA & OHIO JA3IE Y-EAGER GttEFFY ATTORNEY AT LAW SUITE 310 2375 TA~'vIIA>II TRAIL NORTH N.A_PLES, FLORIDA 04103o44~9 TELEPHONE (941) 263-113 0 FAG$I}'IILE {941) 263-3827 jycheffy(~w~rldnet, att.net October 15, 2002 Collier County Transportation Department ATTENTION: GREG GARCIA 2685 ltorseshoe Drive, Suite 210 Naples, Florida 34102 Letter of No Objection Partial Vacation of Plated Easement/Lot 23, The Lodgings of Wyndemere 1-o \Vhom it May Concern: Please be advised that I represent Kenneth W. Finn and Barbara Finn in the matter of the ',~bove referenced request for a letter of no obJ,:ction. We recently closed upon the purchase of Lot =o. I'he [.c3dgings of Wyndemere. Prior to that closing we became aware of a small encroachment of about 1.8 feet into the 10 foot rear lot line ~.~tilitv and drainage easement. The encroachment is bv a small sliver of the pool cage, as is more fully described on the enclosed survey prepared by Carol E. Nelson, P.L.S. and dated September 16, 2002. The Finns elected to close with the encroachment but only with an undertaking to remedy the problem. Their decision ,,vas based upon the fact that the house is over 10 years old. has changed hands several times and no one had ever raised any objection. Also enclosed is a copy of the Plat of l'he Lodgings of Wyndemere, Section One, Plat Book 13, Pages 8 through 12, Public Records of Collier County, Florida. The Plat shows that there are two additional ensements. One is a 7.5 fi)ot utility and drainage easement on the west lot line and the other is a 10 foot drainage and utility easement along the front lot line. The Power & Light Co., and United Telephone Co. (their successors, assigns). Further enclosed is objection or issue regarding the encroachment. 15'ont lot line that thev are using. a letter from Florida Power and Light indicating that they have no Apparently there is an additional easement on the AG~A ITE~/I~ DEC 1 6 2003. pg./ Letter of No Objection October 15, 2002 Page 2 On behalf of the Finns' I am requesting that you sign the "No Objection" statement beloxv and return the s~,me to me in the enclosed self addressed stamped envelope at your earliest convenience. Please do not hesitate to call me should you have any questions or comments. Thank you so much for your assistance in this matter. Sincerely, Jane Yeager Cheffy I have read the above request, reviewed the enclosed material and on behalf of Collier County Transportation Department, I have authority to sign this letter and the Transportation Department has no objection to the partial vacation of the platted Utility and Drainage Easement. Collie, r,County Transportation Department [ts: Print/Type Name JYC:mmi enclosures as stated ~,e-~J~A rr~.~ / DEC 1 6 2003 P~. ~ LICENSED TO PRACTICE IN tq.t~}~[DA & 0tIlO HEA~THER GILGHRIST, OF COUNSEL LICENSED TO PRACTICE IN FLORIDA, ILLINOIS, INDI,~X,IA & OHI0 ATTORNEY AT LAW SUITE ~10 2375 TA~IAMI T~ML NORTH ~LE~, FLO~DA ~410~-44~9 TELEPHONE (941) 263-11130 FACSIIqlLE (941) 263-3827 jyche fr-y ~xvorldnet, art.net October 15. 2002 Wyndemere Homeowners Association, Inc. ATTENTION: MARY JO FAUSNIGHT 98 \Vyndemere Way Naples, Florida 34105 Re: Lettter or'No Objection Partial Vacation of Plated Easemenb'Tot 23. The Lodgings of Wyndemere 'Fo Whom it lVlay Concern: Please be advised that I represent Kenneth W. Finn and Barbara Finn in the matter of the above referenced request fl0r a letter of no objection. \Ve recently closed upon the purchase of Lot 23. The Lodgings of Wyndemere. Prior to that closing we became ay:are of a small encroachment of about 1.8 feet into the I0 foot rear lot line utility and drainage easement. The encroachment is by a small sliver of the pool cage, as is more fully described on the enclosed survey prepared by Carol E. Nelson, P.L.S. and dated September 16. 2002. The Finns elected to close with the encroachment but only with an undertaking to remedy the problem. Their decision was based upon the ~hct that the house is over 10 vears old. has chan~oed hands several times and no one had ever raised any objection. Also enclosed is a copy of the Plat of The Lodgings of Wyndemere, Section One, Plat Book 13, Pages 8 through 12, Public Records of Collier County, Florida. The Plat shows that there are two additional easements. One is a 7.5 foot utility and drainage easement on the west lot line and the other is a 10 foot drainage and utility easement along the front lot line. The Power & Light Co., and United Telephone Co. (their successors/assigns). Further enclosed is a letter from Florida Power and Light indicating that they have no objection or issue regarding the encroachment. Apparently there is an additional easement on the front lot line that the3,' are using. / ¢/'"f DEC 1 6 2003 Letter of No Objection October 15, 2002 Page 2 On behalf of the Finns' l am requesting that you sign the "No Objection" statement below and return the same to me in the enclosed self addressed stamped envelope at your earliest convenience. Please do not hesitate to call me should you have any questions or comments. Thank you so much for your assistance in this matter. Sincerely, Jane Yeager Chef(v I have read the above request, reviewed the enclosed material and on behalf of Wyndemere t tomeowner's Association. the Association has no objection to the partial vacation of the platted [ 'tility and Drainage Easement. Wyndemere Homeowners Association, Inc. By: Print/Type N'ame Its: President JYC:mmi enclosures as stated DEC I 6 2003. .,. 37 LICENSED TO PRACTICE IN FLORIDA & OHIO HEATHER GILGHRIST, OF GOUNSEL LICENSED TO PRAGTIGE IN FLOIRIDA. ILLINOIS, INDIA2q.A & OHIO JANE YEAGIBR GHEFFY ATTORNEY AT LAW SUITE 310 237,5 T.~,MIA~'qI 'rP,~U~. NORTH NA. PLE$, FLORIDA. 84108-4480 TELEPHONE (941) 263-1130 FACSIMILE (941) 263-3827' j ycheff'y(~worl dnct. att .net October 15, 2002 Florida Power & Light Company ATTENTION: ANNE HARRIS 4105 15TM Avenue SW Naples, Florida 34116 Re: Letter of No Objection Partial Vacation of Plated Easement/Lot 23, The Lodgings of Wyndemere To \Vhom it May Concern: Please be advised that I represent Kem~eth W. Finn and Barbara Finn in the matter of the above referenced request tbr a letter of no objection. We recently closed upon the purchase of Lot 23, Thc Lodgings of Wvndemere. Prior to that closing we became aware of a small encronchment of about 1.8 feet into the 10 tbot rear lot line utility and drainage easement. The encroachment is by a small sliver of the pool cage, as is more fully described on the enclosed survey prepared by Carol E. Nelson. P.L.S. and dated September 16, 2002. The Finns elected to close xvith the encroachment but only with an undertaking to remedy the problem. Their decision was based upon the fact that the house is over 10 years old, has changed hands several times and no one had ever raised any objection. Also enclosed is a copy of the Plat of The Lodgings of Wyndemere, Section One, Plat Book 13, Pages 8 through 12, Public Records of Collier County, Florida. The Plat shows that there are t~vo additional easements. One is a 7.5 foot utility and drainage easement on the west lot line and the other is a 10 foot drainage and utility easement along the front lot line. The Power & Light Co., and United Telephone Co. (their successors/assigns). Further enclosed is a letter from Florida Power and Light indicating that they have no objection or issue regarding the encroachment. Apparently there is an additional easement on the fl'ont lot line that they are using. ,~C,¢..~,~ rrt~ _- ",,,. / ¢/"F BEg 1 6 2OO Letter of No Objection October 15, 2002 Page 2 On behalf of the Finns' I am requesting that you sign the "No Objection" statement belo~v and return the same to me in the enclosed self addressed stamped envelope at your earliest convenience. Please do not hesitate to call me should you have any questions or comments. Thank you so much for your assistance in this matter. Sincerely, .kine Ycager Chefl~ I have read the above request, revicx~ cci the enclosed materu,1 and on behalf of Florida Power and Light Company, I have authority to sign this letter and Florida Power and Light Company has no objection to the partial vacation of the platted Utility and Drainage Easement. Florida Power & Light Company ,-! ,-,,. 4 }~v: .. ~.,-,~,,~.. - ~5'dl . ?rint/Ty~oe Name lis: J YC :mmi enclosures as stated LICENSED i'O PR~xCTiGE IN HEATHER ©II.CHRIST, OF COUNSEL LICENSED TO P}~z\G~IGE IN FLORIDA, ILLINOIS, iNDL-MXlA & uHIO ATTOIiNEY AT LAW 2~75 TAMI:k>Ii r~ML NORTH N2~LES, FLORIDA 84108=4480 TELEPHONE (941) 268-1113 O FAGSIMILE (941) 2~,8-~8.27 j ycheffy~vorldnet, att.n~t ~larch 11,2003 Greg Winland Sprint - Net\york Engineering I P.O.Box 2469 Naples, Florida 34106 Re: Letter of No Objection Partial Vacation of Plated Easements'Full Variance - Lot 23, The Lo~ -ings of \Vvndcmere [)ear Mr. Winland: Please be advised that I represent Kenneth W. Fiim and Barbara Finn in the matter of the above referenced request tbr a letter of no obi~'ction. \Ve recently closed upon the purchase of Lot 23. The Lodgings of Wyndemere. Prior to that closing we became aware of a small encroaclunent of about 1.8 t'eet into the 10 toot rear lot linc ~nilitv and drainage easement. 'I'he encroachment is by a small sliver of the pool cage, as is more fully described on the enclosed survey prepared by Carol E. Nelson, P.L.S. and dated September 16, 2002'. The Finns elected to close with the encroachment but only with an undertakipg to remedy the problem, fl~eir decision was based upon tile [act Lti~tt ~}~e }l()Lise iS OVCi' l~ years oki. mrs changed nanos 5e~ erat times and no one had ever raised any objection. Also enclosed is a copy of the Plat of t'he Lodgings of Wyndemere, Section One, Plat Book 13, Pages 8 through 12, Public Records c;l' C,dlicr County, Florida. The Plat shows that there are two additional easements. One is a 7.5 t-oot utility and drainage easement on the \vest lot line and the other is a I 0 t'oot drainage and utility easement along the front lot line. The Power & Light Co., and United Telephone Co. (their snccess~r:,'. Further enclosed objection or issue regarding the encroachment. front lot line that they are using. is a letter from Florida Power and Light indicating that they have no .\pparently there is an additional easement on the DEC 1§ 2003 / I.ettcr ~i' No Objection Nlarc. h 11, 2003 Page ~ On behalf of the Finns' I am requesting that you sign the "No Objection" statement below and return the same to me in the enclosed self addressed stamped envelope at your earliest co~:' ~ ~dcnce. Please do not hesitate to call me should you have any questions or comments. Thank x ,~: 3(~ much for >'our assistance in this matter. Sinc~reiy, Jane Yeager Cheffy We have read the above request, reviewed the enclosed material and Sprint has no objection to the partial vacation of the platted Utility and Drainage Easement. Gre~ Winland DEC 1 6 2003. ,,,. LICENSED TO PRACTICE IN I-tEAIttER L;ILUHNIS F. OF COUNSEL LICENSED TO PRACTICE IN FLORIDz~. ILLINOIS. INDIANA & OHIO JANE YEAGEtl GHEFFY ATTOFINEY AT [.AW 51'ITE O10 237,5 TAMIASII TP~5IL NORTH NAPI,ES, FLORIDA 041o3~4430 TELEPIIONE (941) 26:B-1 llBO FAGSIMILE (941) 260-0827 J ycheffyl~vorldne~ art. net April 14, 2003 Time \Varner Cable Director of Technical Operations l 610 4(I~h Terrace SW Naples, Florida 34103 Re: Letter of No Objection Partial Vacation of Plated Easement,.. Full Variance - Lot 23, The Lodgings of Wy'ndemere Dear Sirs: Please be advised that I represent Kem~eth W. Fi~m and Barbara Finn in the matter of the above referenced request for a letter of no objection. \ve recently closed upon the purchase of Lot __,. The Lodgings of Wyndemere. Prior to that closing we became axvare of a small encroachment ~)t' about 1.8 feet into the 10 foot rear lot line utility and drainage easement. The encroachment is by a small sliver of the pool cage, as is more fully described on the enclosed surw, ey prepared by Carol E. Nelson, P.L.S. and dated September 16', 2002. The Finns elected to close with the encroachment but only with an undertaking to remedy the problem. Their decision was based upon the fact d:at t!~e house is over 10 vears old, has changed hands several times and no one had ever raised any objection. Also enclosed is a copy of the Plat of The Lodgings of Wyndemere, Section One, Plat Book 13, Pages 8 through 12, Public Records of Collier County, Florida. The Plat shows that there are two additional easements. One is a 7.5 foot utility and drainage easement on the west lot line and the other is a 10 foot drainage and utility easement along the front lot line. The Power & Light Co., and United Telephone Co. (their successors/assigns). Further enclosed is a letter from Florida Pov,'er and Light indicating that they have no objection or issue regarding the encroachment. Apparently there is an additional easement on the front lot line that the)' are using. - DEC 1 6'2003 I cltcr of No Objection April 14, 2003 l'age 2 On behalf of the Finns' I am requesting that you sign the "No Objection" statement below and return the same to me in the enclosed self addressed stamped envelope at your earliest convenience. Please do not hesitate to call me should you have any questions or comments. Thank x ,,,tt so much for your assistance in this matter. Sincerely, ~, / , ~ ' ii /t /~ . { : '" ' ; ~ ! .Ii ~ .',~,. ~ I ~..I~. .( " Jane Yeager C~effy " We have read the above request, reviewed the enclosed material and Time Warner has no ,,i?ction to the partial vacation of the platted Utility and Drainage Easement. AGENDA IT~ DEC 16 2003. LICENSEr) TO PRACTICE IN I-i Oi;IDA & OHIO HEATHER GILCHHIST, OF COUNSEL LICENSED TO PRACI'ICE IN FLORIDA. ILLINOIS, INDbM"qA 8:0HI0 TELE PHONE (941) 263-113 O FACSIMILE (9.t.!) 2613-:3827 jychefl~y(~worldnet, atLnet Octoberl 5, 2002 Mr. and Mrs. Scott Buttrey 144 Edgemere Way South Naples, Florida 34105 Letter of No Objection Partial Vacation of Plated Easement/Lot ~.o, The Lodgings of Wyndemere Dear Mr. and Mrs. Buttrey: Please be advised that I represent Kenneth W. Finn and Barbara Finn in the matter of the above referenced request ibr a letter of no objection. We recently closed upon the purchase of Lot 23. The Lodgings of Wyndemere. Prior to that closing we became aware ora small encroachment of about 1.8 feet into the 10 foot rear lot line utility and drainage easement. The encroachment is by a small sliver of the pool cage, as is more fully described on the enclosed survey prepared by Carol E. Nelson, P.L.S. and dated September 16, 2002. The Finns elected to close xvith the encroachment but only with an undertaking to r~medy the problem. Their decision was based upon the fact that the house is over 10 years old, has changed hands several times and no one had ever raised an,,,' objection. Also enclosed is a copy of the Plat of The Lodgings of Wyndemere, Section One, Plat Book 13, Pages 8 through 12, Public Records of Collier County, Florida. The Plat shows that there are two additional easements. One is a 7.5 foot utility and drainage easement on the west lot line and the other is a 10 foot drainage and utility easement along the front lot line. The Power & Light Co., and United Telephone Co. (their successors/assigns). Further enclosed is a letter from Florida Power and Light indicating that they have no objection or issue regarding the encroachment. Apparently there is an additional easement on the front lot line that they are using. l T rr DEC 1 6 2003 Letter of No Objection October 15, 2002 Page 2 On behalf of the Finns' I am requesting that you sign the "No Objection" statement below and return the same to me in the enclosed self addressed stamped envelope at your earliest convenience. Please do not hesitate to call me should you hax,e any questions or comments. Thank you so much for your assistance in this matter. Sincerely, Jane Yeager Cherry We have read the above request, reviewed the enclosed material and we have no objection to the partial vacation of the platted Utility and Drainage Easement. SCOT1~' BUTTREY [.INDA BUTTREY JYC:mmi enclosures as stated DEC 1 § 2003 LIGENSED TO PRACTICE 1N FLORIDA & OHIO HEATHER GILCHR1ST, OF COUNSEL LICENSED TO PRACTICE IN FLORIDA. ILLINOIS. INDIANA & OHIO JAbTE YEAGER CHEFFY ATTORNEY AT LAW SU 11-E 310 P:375 T)dql_~Nl[ TRAIL NORTH NAPLES, FLORIDA B410O*~409 TELEPHONE (941) 203-1 ! 30 FACSIMILE (941) 263-~827 jych~fldnet aR.n~q October ! 5, 2002 Mr. and Mrs. Robert Hill 148 Edgemere Way South Naples, Florida 34105 Re: Letter of No Objection Partial Vacation of Plated Easement/Lot 23, The Lodgings of Wyndemere Dear Mr. and Mrs. Hill: Please be advised that I represent Kenneth W. Finn and Barbara Finn in the matter of the above referenced request tbr a letter of no objection. We recently closed upon the purchase of Lot 23, The I,odgings of Wyndemere. Prior to .'&~t closing we became axvare of a small encroachment of about 1.8 feet into the 10 foot rear lot line utility and drainage easement. The encroachment is by a small sliver of the pool cage, as is more IYdlv described on the enclosed survey prepared by Carol E. Nelson, P.L.S. and dated September 16, 2002. The Finns elected to close with the encroachment but only with an undertaking to r~medy the problem. Their decision was based upon the fact that the house is over 10 years old, has changed hands several times and no one had ever raised any objection. Also enclosed is a copy of the Plat of The I.odgings of Wyndemere, Section One, Plat Book 13, Pages 8 through 12, Public Records of Collier County, Florida. The Plat shows that there are two additional easements. One is a 7.5 foot ,,:ti!ity and drainage easement on the west lot line and the other is a 10 foot drainage and utility easement along the front lot line. The Power & Light Co., and United Telephone Co. (their successors/assigns). Further enclosed is a letter from objection or issue regarding the encroachment. front lot line that they are using. Florida Power and Light indicating that they have no Apparently there is an additional easement on the st, gm^ Ixt~ DEC 1 6 2003 Letter of No Objection October 15, 2002 Page 2 On behalf of the Finns' I am requesting that you sign the "No Objection" statement below and return the same to me in the enclosed self addressed stamped envelope at your earliest convenience. Please do not hesitate to call me should you have any questions or comments. Thank you so much tbr your assistance in this matter. Sincerely, Jane Yeager Cheffy We have read the above request, reviewed the enclosed material and we have no objection to the partial vacation of the platted Utility and Drainage Easement. By: ROBERT HILL By: BARBARA HILL JYC:mmi enclosures as stated DEC 1 6 2003 .,. 4-7 COLLIER COUNTY GOVERNMENT Community Development and Environmental Services Division Planning Services Department · 2800 North Horseshoe Drive · Naples, Florida 34104 September 4, 2003 Ms. Jane Yeager Cherry, Attorney at La~v 2375 Tamiami Trail North, Suite 310 Naples, FL 34105-7107 RE: Administrative Variance AVA-2003-AR-4627; subject property located at 146 Edgemere Way legally kno~vn as Lot 23, The Lodgings of Wyndemere, Section One, in Section 19, Township 49 South, Range 26 East, Property ID #83340920003. Dear Ms. Cherry: Requests for variances for a structure for which a certificate of occupancy or development order has been ganted may be approved administratively by the Planning Services Director or designee. The survey of the subject property provided to the Current Planning Section in the application packet clearly indicates that the existing rear yard is 8.2 feet, which is 1.8 feet less than the 10.0 feet required by the Collier County Land Development Code and Wyndemere Planned Unit Development for a residential swimming pool and screen enclosure. Current Planning staff has reviewed the administrative variance request for the structure and has found that the encroachment meets the criteria for granting, the administrative variance as outlined in Section 2.6.4.2. of the Collier County Land Development Code. Further, the granting of this variance will not significantly affect the air and light considerations of adjacent property owners. In addition to the setback encroachment, the structure encroaches into a 10-foot utility/drainage easement, which is a separate vacation of easement. Vou may xvish to have this letter recorded in the official records of Collier County as a permanent record of the variance approval. DEC 1 6 2003 n., '45' If you should have any questions, please do not hesitate to contact me. Sincerely, S san Murray, AIC~er Planning Services Department The foregoing agreement sheet was acknowledged before me this /~L~lday of °~~.. ' 2003, by who is personally known to me produced a~n and ~vho di4-(did not) take an oath. State of Florida County of Collier (Signature of Notary Public - State of Florida) (Stamp Commissioned Name of Notary Public) Susan Murray, AICP, Current Planning Manager Correspondence file AVA-2003-AR-4627 file :,~ MY COMMISSION # iX) 1743~ AC~',IOA I'IT=~ DEC 1 6 2003. Map Output Page I of 1 CCPA GIS - HTML Ma DEC 1 6 2003 http://arc.c~ierappraiser.c~m/serv~et/c~m.esri.esrimap.Esrimap?ServiceName=ccp;... 9/26/2003 EXECUTIVE SUMMARY AN ORDINANCE AMENDING COLLIER COUNTY ORDINANCE NO. 72-1, AS AMENDED, WHICH CREATED THE COLLIER COUNTY LIGHTING DISTRICT: TO ADD TRADE CENTER OF NAPLES, TRADE CENTER OF NAPLES REPLAT OF LOTS 44 & 45, [NDUST~ VILLAGE, INDUSTRIAL VILLAGE NO. 2, KATHLEEN COURT, LOT 155 J & C INDUSTRIAL PARK, AND J & C INDUSTRIAL PARK TO THE COLLIER COUNTY LIGHTING DISTRICT; BY DELETING iMPERIAL GOLF ESTATES UNIT 1, IMPERIAL GOLF ESTATES II, IMPERIAL GOLF ESTATES III, IMPERIAL GOLF ESTATES I ACCESS ROAD, IMPERIAL GOLF ESTATES 4, IMPERIAL GOLF ESTATES UNIT 5, AND RAILHEAD INDUSTRIAL PARK FROM THE COLLIER COUNTY LIGHTING DISTRICT; PROVIDING FOR INCLUSION IN CODE OF LAWS AND ORDINANCES; PROVIDING CONFLICT AND SEVERABILITY; PROVIDING AN EFFECTIVE DATE. OBJECTIVE: That the Board adopt an Ordinance amending Ordinance No. 72-1, as amended, creating and providing for the Collier County Lighting District (CCLD), by adding the areas noted above to the CCLD, and by deleting all of the Imperial Golf Estates Subdivision and Railhead Industrial Park from the CCLD. CONSIDERATIONS: Transportation Operations staff received a request from the Collier County Sheriff's Office for installation of streetlights in the J & C Industrial Park and Trade Center Way areas. While the purpose of streetlights is not to fimction as security lighting, they do help deter crime to a certain extent, and these roads are well traveled and very dark at night. All roadways within the designated area are County-maintained xvith the exception of Corporation Boulevard, which is located in Industrial Village No. 2. However, 1,180'+ of Corporation Boulevard, beginning at Lee Ann Lane has been included in the Pine Ridge Industrial Park MSTU, and as such is maintained by the MSTU. Based on that, the portion of Corporation Boulevard that is part of the Pine Ridge Industrial Park MSTU is included in the streetlight plan. It is highly likely that, upon completion of the MSTU, that portion of Corporation Boulevard will become part of the County's roadway system. In 1979, Flora Sun Realty made the initial request for the County to provide street lighting in Imperial Golf Estates, with subsequent requests for other areas as they were being developed. This area was developed as a private sttbdivision. As all areas of Imperial Golf Estates Subdivision are private, Collier Cotmty has neither jurisdiction nor maintenance responsibility for roadways, landscaping, etc., within the subdivision. Subdivision deed restrictions make provision for Homeowner's Associations to collect funds from property owners for improvements such as street lighting, grounds maintenance, and landscaping. Therefore, it is in the public's and the County's best interest to delete Imperial Golf Estates Unit 1, Imperial Golf Estates II, Imperial Golf Estates III, Imperial Golf Es' Road, Imperial Golf Estates 4 and Imperial Golf Estates Unit 5 from the C( Ll&o~nd turn DEC 1 2003 / EXECUTIVE SUMMARY Amend Ordinance No. 72-1 Page 2 of 2 operation and maintenance responsibilities over to the Imperial Golf Estates Homeowner's Association. o In 1981, Industrial Properties of Naples requested the County provide street lighting in Railhead Industrial Park. The Board adopted an ordinance creating the Railhead Industrial Park Street Lighting MSTU. This particular area is unrecorded, the roadways on the lighting plan do not exist, and the streetlights were not installed due to non-development. The MSTU was rolled into the CCLD and the originating ordinance rescinded by the Board. The developer of the area now known as Railhead Industrial Park had streetlights installed, which are not County standard, and are privately maintained by the Property Owner's Association. Therefore, it is in the public's and the County's best interest to delete Railhead Industrial Park street lighting from the CCLD. FISCAL IMPACT: There is no Fiscal Impact at this time; however, if the Board adopts the attached Ordinance: (1) the deletion of the Imperial Golf Course Subdivision would reduce the CCLD fund (760) by approximately $25,500 annually; (2) the deletion of Railhead Industrial Park Street Lighting would have no impact on the budget as there are no operating costs; and (3) the amount required to administer and operate streetlights for J & C Industrial Park and Trade Center of Naples areas ~vill be established and included in the FY05 budget request for the CCLD fund. Deletion of the Imperial Golf Estates streetlights from the CCLD would make those funds available to offset the cost of the streetlights requestcd .cot J & C Industrial Park and Trade Center of Naples areas. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this item. RECOMMENDATION: That the Board adopt the attached Ordinance, which has been reviewed and approved by the County Attorney's Office. This ordinance amends Ordinance No. 72-1, as amended, by: (1) adding those roadways in the J & C Industrial Park and Trade Center of Naples areas to the CCLD; (2)deleting Railhead Industrial Park street lighting; and (3) deleting Imperial Golf Course Estates Unit 1, Imperial Golf Estates II, Imperial Golf Estates III, Imperial Golf Estates I Access Road, Imperial Golf Estates 4, and Imperial Golf Estates Unit 5 street lighting from the CCLD. } PREPARED BY: 5*tarquiJ~i_n~, Senior~dmin'~atwe~tant (~! DATE: 10/30/03 REVIEWED BY: Edwardt '~~J. ~ant, PE, Tra(~t6'o~:ion Operations Director REVIEWED BY:~~f-,~ DATE: Feder, AICP, Transportation Setwices Administrator Trade mk/060303/ES Amend 72-1 Ctr etc Attachment(s): Proposed Ordinance AGENDA ITeM ,~4o. F') ~ - DEC 1 2003 Pg. 1 4 5 6 7 8 9 10 11 '12 13 14 15 16 17 18 19 20 ORDINANCE NO. 2003- AN ORDINANCE ;kMENDLNG COLLIER COL~'NTY ORDINANCE NO. 72-1, AS AMENDED, WHICH CREATED THE COLI.IER COUNTY LIGHThNG DISTRICT: TO ADD TRADE CENTER OF NAPLES, TRADE CENTER OF N,~°LES REPLAT OF LOTS 44 & 45, INDUSTRIAL VILLAGE, INT)USTRL4&, VILLAGE NO. 2, KATHLEEN COURT, LOT 155 J & C INDUSTRIAL PARK, ,AND J & C INDUSTRIAL PARK TO THE COLLIER COUNTY LIGHTING DISTRICT; BY DELETING IMPERLAL GOLF ESTATES UNIT l, hMPERIAL GOLF ESTATES II, iMPERIAL GOLF ESTATES HI. IMPERIAL GOLF ESTATES I ACCESS ROAD, hMPERIAL GOLF ESTATES 4, IMPERIAL GOLF ESTATES UNIT 5, A_ND RAILHEAD INDUSTRIAL P.~ FROM THE COLLIER COUNTY LIGHTING DISTRICT; PROVDING FOR INCLUSION LN CODE OF LAWS AND ORDINANCES; PROVIDING CONTLICT AND SEVERABILITY: PROVIDING AN EFFECTWE DATE. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY 21 COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: 22 23 24 25 SECTION ONE: AMENDMENTS TO COLLIER COUNTY ORDINANCE NO. 72-1, AS AMENDED Section One of Collier County Ordinance No. 72-1, as amended, is hereby amended to ~6 add the following geo~aphic area into the Collier Cc, urn? Lighting District: 28 29 30 31 32 33 34 35~ 36 37 All d~at land in the North 1/2 of Section 1 I. Township 49 South. Range 52 East, Collier County Florida. which is more particularly described as: ,&.Il of the North 1,/2 of Section 11, Township 49 South, Range 29 East, less and except the South 12 of the Northeast 1/4 of said Section 11 and the East 1758 Feet more or less of the South 330 Feet more or less of the South I/2of the North 1./2of the Northeast 1/4 of said Section 11, as described in O.R. Book 2412 at Page 1773, also being Lots 21 through 36 of Industrial Village Two an unrecorded plat bv Bruce Green and Associates, Dated 6/18/1973, inclusive, of the P~tblic Records of Collier County, Florida. Section One of Collier County Ordinance No. 72-1, as amended, is hereby further 38 amended to delete the following geographic areas from the Collier County Lighting District: 39 4O 41 42 43 44 45 46 47 48 49 5O z 53 54 in,dusive of the Officia! Records cf Collier County, Florida. ........... e .... ng ..... of a .......................... continuing Page 1 of 3 I rnderlired v, ords arc added; ~lruck tkmugh words are del¢led DEC 1 2003 Pg. ~ 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 3O 31 32 33 34 35 36 37 38 39 4O 41 42 43 44 45 46 47 48 49 5O 51 52 53 54 55 .feet; the remainder of said easement continues at a 60 foot width !'ting 30 feet each side cf a ...... e ......... ...... ~ea_n~ ............. chord distance 385. il t~et) for 392.38 t~ct tca print cf t&ngency; thence mn nosh 89'12'41" (chord bearing ncnb 6F45'92" east. chord 'J~stance S32.58 ~ect) far 551.83 feet to a point of ................ ~ .... arc ~, a cup:e t a .................... , ....................... expmnds .~ a .............. , side cfa line being no~h ~' °~'na" ~" a a; ....... caa,~ ~a c~, ,~ a p~;-* ~r ........... thencu ......... ~ ................................................................. point ~, said panicular!y described as follows: ~mmencmg..~*. ................................. ~, ,,,~ ,..~ ...~ one f~,::::tv D~,..~ e~ (Old ITC iT/. ,~, ........ ~. e0=4'~'1/c' ~+ ~lon~. ~x .... point ~7 .... ................... a on the concave '~ '~ .... * --~ haviJg a *~a; .... c ~c~Sa: c ..... ~ ......... ~ ......... h, ~, .... "~ arc ~r ............ ~ ................... ,~, an arc ........ , ............. , ........south -,- ........... . ....... , ............ ........... & .... arc ~. z cuP,'e, .~k ~,~,~n,, ...., along .~;,4 ~h ~r ...... line n; ....... c ~< ~ r ......... ; ............................ point of e~mcncJng. ....................... s ........ , =,, be:rig a ............... SECTION TWO: ENCLUSION IN THE CODE OF LAWS AND ORDINANCES 56 The provisions of this Ordinance shall become and be made a part of the Code of Laws 57 and Ordinances of Collier Count,/, Florida. The sections of the Ordinance may be renumbered or Page 2 of 3 I 'vderiincd ~.ords arc added; :,.m~g~ v. ords are ddcted AGENDA IT~M No._ DEC 1 2003 Pg. 1 re-lettered to accomplish such. and the word "ordinance" naa,.' be cram,ed= to "section", "article", or an3' other appropriate word. 3 SECTION THREE: CONFLICT ANT) SEVERAJ3[LITY 4 in the event this Ordinance conflicts with any other ordinance of Collier County or other 5 applicable law, the more restrictive shall apply. If any court of competent jurisdiction holds any 6 phrase or portion of the Ordinance invalid or unconstitutional, such portion shall be deemed a 7 separate, distinct and independent provision and such holding shall not affect the validity of the 8 remaining portion. 9 SECTION FOUR: EFFECTIVE DATE 10 This Ordinance shall take effect upon filing with the Secretarx' of State. 11 PASSED AND DULY .aDOPTED by the Board of County Commissioners of Collier 12 County, Florida, this day of ,20~.i3. ~4 15 18 BY: 19 ATTEST: DWIGHT E. BROCK, Clerk \pproied/as tolorrn a, nd,~, legal sufficiency: 23 ,~'~ ~"'~' ' ' Y [ieidi F. Ashton 24 .\ssistant Collier County Attorney 25 BO.',RD, ~'-" ~ ',1 NTY COMMISSIONERS COLLIER C()I.;NTY. FLORDA ~ :, iiiiNNING, Chaim~an No. I-q CU DEC 2003 Pg. ~ Page 3 of 3 ~. EXECUTIVE SUMMARY PUDZ-2003-AR-3665, VINCENT A. CAUTERO, AICP, OF COASTAL ENGINEERING CONSULTANTS, INC., REPRESENTING GATES MCVEY-KNOPKE, LLC, REQUESTING A REZONE FROM THE "A" RURAL AGRICULTUICkL ZONING DISTRICT TO A "PUD" PLANNED UNIT DEVELOPMENT DISTRICT TO BE KNOWN AS THE LEMURIA PUD. TillS PROJECT WILL CONSIST OF 72 RESIDENTIAL DWELLING UNITS FOR A DENSITY OF 2.97 DWELLING UNITS/ACRE. TIlE PROPERTY TO BE CONSIDERED FOR THIS REZONE IS LOCATED ON THE EAST SIDE OF GOODLETTE-FRANK ROAD; NORTH OF ORANGE BLOSSOM DRIVE; SOUTH OF VANDERBILT BEACH ROAD, AND ADJACENT TO AND SOUTH OF THE COLLIER COUNTY CARICA ROAD WATER STORAGE AND PUMP STATION, IN SECTION 3, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 24.21+ ACRES. OBJECTIVE: To have the Board of County Commissioners determine whcthcr the requested rezone is consistent with the Collier County Growth Management Plan and [,and Development Code and is in the best interest of the community. CONSIDERATIONS: The petitioner wishes to rezone approximately 24.21 acrcs of undeveloped land currently zoned Rural Agricultural (A) to PUD (Lemuria PUD). The Lemuria PUD is a proposed residential development consisting of two-family and multi-family dwellings of two-stories, with a maximum height of 35 feet. Also included are recreational amenities, a preserve, and stormwater management lakes. Goodlette-Frank Road is currently being 4-1aned in the vicinity of the Lemuria PUD. Under the Density Rating System, the PUD is eligible for a maximum of 3 dwelling units per acre. The proposed PUD provides for a maximum of 72 dwelling units on 24.21 acres, resulting in a gross density of 2.97 dwelling units per acre. In order to somewhat reduce the impact of the neighboring utility tanks on future residences in the Lemuria PUD, Staff recommends that a minimum of 100 fcet be maintained betxveen the property line which abuts the utility site and principal residential structures. In addition, Staff recommends that the required Type "B" landscape buffer, be increased to a Type "C" buffer. The neighboring Monterrey PUD includes t~vo-family and multi-family &veilings with a maximum height of 30 feet for the two-family units and 3 floors for the multifamily units. The adjacent 300-Acre Goodlette Road PUD also includes two-family and multi-family dwellings at a maximum height of 35 feet (50 feet for multi-family not located adjacent to Monterrey). The proposed residential PUD is DEC 1 6 2003 similar to the surrounding housing types, and Staff analysis finds the use compatible with the neighborhood. FISCAL IMPACT: This rezoning will have no fiscal impact on Collier County. However, the development of the property will result in future fiscal impact on County public facilities. The County collects impact fees prior to the issuance of building permits to help offset the impacts of each new development. The following impact fees will be applicable to this project: · Park Impact Fee: · 15braries Impact Fee: · Fire Impact Fee: Road Impact Fee: · Correctional Facility: · EMS Impact Fee: · Schools (multifamily): $578 $ 41,616 $181 $ 13,032 $0.15 per square foot under roof $ 21,600 $2,882 per dwelling unit $ 207,504 $118 per dwelling unit $ 8,496 $2 per dwelling unit $ 144 $827 per dwelling unit $ 59,544 The estimated total amount of impact fees for the proposed rezone is $351,936. It should be noted that this estimate is based on 72 2,000 square-foot multi-family dwelling units being developed. Other tees ~vill include building permit review fees and utility fees associated with connecting to the County's server and water system. Finally, the developed residential units will be required to pay ad valorem taxes. GROWTH MANAGEMENT IMPACT: The subject property is designated Urban (Urban Mixed-Use District, Urban Residential Subdistrict) on the Future Land Use Map of the Growth Management Plan. This Subdistrict permits residential development (with a variety of unit types) at a base density of 4 d~velling units per acre. This district is intended to accommodate a variety of residential and non-residential uses, including developments such as Planned Unit Developments. The project is located within a Traffic Congestion Area, as depicted on the Future Land Use Map and described in the FLUE, so it is subject to a 1 dwelling unit per acre reduction from the base density of 4 d,,velling units per acre and is not eligible for any density bonuses. Therefore, this project is limited to a maximum density of 3 dwelling units per acre. Base Density Traffic Congestion Area Total Eligible Density 4 dwelling units per acre -1 dwelling unit per acre ~3 dwelling units per acre Based upon the above analysis, Staff concludes that the proposed uses and density consistent with the Future Land Use Element of the Growth Management Plan. 2 ay be~_m~gl DEC 1 8 2003 ENVIRONMENTAL ADVISORY COUNCIL RECOMMENDATION: The Environmental Advisory Council heard this petition on October 1, 2003. The EAC heard this petition under the name of Bella Lago; the name has subsequently been changed to Lemuria. The petitioner presented the proposed PUD and EAC members questioned the petitioner. The majority of the questions centered around the gopher tortoises on site and their viability within the future preserve. The EAC voted to recommend approval of the subject PUD by a vote of 7 to I (Council Member Lynne cast the dissenting vote without stating a reason on the record). PLANNING COMMISSION RECOMMENDATION: The Collier County Planning Commission heard this petition on December 4, 2003, prior to the deadline for preparation of this Executive Summary. The ?lanning Commission recommendation will be presented at the Board of County Commissioners meeting. PLANNING SERVICES STAFF RECOMMENDATION: Collier County Staff analysis has made the PUD Findings and Rezone Findings required by the Land Development Code, found the Lemuria PUD consistent with the applicable provisions of the Growth Management Plan and compatible with the surrounding area. Therefore, Staff recommends that the Collier County Planning Commission forxvard PUDZ-2003-AR-3665, the Lemuria PUD, to the Board of County Commissioners with a recommendation of approval, subject to the P[rD Document attached to this Staff Report. DEC 1 6 2003 PREPARED BY: FRE~._~SCHL, AICP, PRINCIPAL PLANNER DEPARTMENT OF ZONING & LAND DEVELOPMENT REVIEW DATE REVIEWED BY: Y, AICP, INTERIm! DIRECTOR DEPARTMENT OF ZONING & LAND DEVEI.ODMENT REVIEW DATE DATE APPROVED BY: JOSF¢15 K~. S~FO CO;~3NiTY D~EVELOPMENT & ENVIRONMENTAL SERVICES DIVISION PUIIJZ-2003-AR-o66; DEC 1 6 2003 AGENDA ITEM 8-A FROM: STAFF REPORT COLLIER COUNTY PLANNING COMMISSION DEPARTMENT OF ZONING & LAND DEVELOPMENT REVIEW COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION HEARING DATE: SUBJECT: NOVEMBER 20, 2003 PUDZ-2003-AR-3665 LEMURIA PUD OWNER/AGENT: Agent: Owner: Vincent A. Cautero, AICP Coastal Engineering Consultants, Inc. 3106 South Horseshoe Drive Naples, FL 34104 Gates-McVey-Knopke, LLC 5405 Park Central Court Naples, FL 34109 REQUESTED ACTION: The petitioner wishes to rezone approximately 24.21 acres of land currently zoned Rural Agricultural (A) to PUD (Lemuria PUD). The Lemuria PUD is a proposed residential development consisting of two- family and multi-family dwellings of two-stories, with a maximum height of 35 feet. Also included are recreational amenities, a preserve, and stormwater management lakes. GEOGRAPI-HC LOCATION: The subject property is an undeveloped 24.2 l-acre parcel located on the east side of Goodlette-Frank Road, approximately 1000 feet south of Vanderbilt Beach Road in Section 3, Township 49 South, Range 25 East. (See illustration on the following page.) The site is south of a County utilities plant with water tanks. .o.__ D) DEC 1 6 2003 // TYPE CALUS& BAY (PUD) PURPOSE/DESCRIPTION OF PROJECT' The proposed Lemuria PUD is a residential development with a maximum of 72 dwelling units. The residential units include two-family and multi-family dwellings of two-stories, with a maximum height of 35 feet. Also included are recreational amenities, a preserve, and stormwater management lakes. SURROUNDING LAND USE AND ZONING: Subject Parcel: Undeveloped property; zoned A Surrounding: North: Pelican Marsh preserve area; zoned PUD (Pelican Marsh PUD; 2.16 dwelling units per acre) Collier County Utilities plant; zoned A East: Residential Tract of Monterey; zoned PUD (Monterey PUD; 4.69 dwelling units per acre) South: Residential Tract of Calusa Bay; zoned PUD (300-Acre Goodlette Road pl rD; 3.0 dwelling units per acre) West: Good,ette-Frank Road ROW, across ~vhich are single family and agricultural uses; zoned A (Pine Ridge Subdivision; legal non- conforming lots, generally greater than 1 acre in size) GROWTH MANAGEMENT PLAN CONSISTENCY. The subject property is designated Urban (Urban Mixed-Use District, Urban Residential Subdistrict) on the Future Land Use Map of the Growth Management Plan. This Subdistrict permits residential development (with a variety of unit types) at a base density of 4 dwelling units per acre. This district is intended to accommodate a variety of residential and non-residential uses, including developments such as Planned Unit Developments. The project is located within a Traffic Congestion Area, as depicted on the Future Land Use Map and described in the FLUE, so it is subject to a 1 dwelling unit per acre reduction from the base density of 4 dwelling units per acre and is not eligible for any density bonuses. Therefore, this project is limited to a maximum density of 3 dwelling units per acre. Base Density Traffic Congestion Area Total Eligible Density 4 dwelling units per acre -__1 dwelling unit per acre 3 dwelling units per acre DEC ~ 6 2003 Based upon the above analysis, Staff concludes that the proposed uses and density may be deemed consistent with the Future Land Use Element of the Growth Management Plan. ANALYSIS: Environmental: The Environmental Advisory Council heard this petition on October 1, 2003. The EAC heard this petition under the name of Bella Lago; the name has subsequently been changed to Lemuria. The petitioner presented the proposed PUD and EAC members questioned the petitioner. The majority of the questions centered around the gopher tortoises on site and their viability within the future preserve The EAC voted to recommend approval of the subject PUD by a vote of 7 to 1 (Council Member Lynne cast the dissenting vote without stating a reason on the record). Transportation: The Transportation Services Department provided comments to the petitioner who incorporated the language into the PUD. Goodlette-Frank Road is currently being 4-1aned in the vicinity of the Lemuria PUD. Utilities: Public utilities are currently available to the site. Planning: Under the Density Rating System, the PUD is eligible for a maximum of 3 dwelling units per acre. The proposed PUD provides for a maximum of 72 dwelling units on 24.21 acres, resulting in a gross density of 2.97 dwelling units per acre. In order to somewhat reduce the impact o:5 the utility tanks on future residences in the Lemuria PUD, Staff recommends that a minimum of 100 feet be maintained between the property line which abuts the utility site and principal residential structures. In addition, Staff recommends that the required Type "B" landscape buffer, be increased to a Type "C" buffer. The neighboring Monterrey PUD includes two-family and multi-family dwellings with a maximum height of 30 feet for the two-family units and 3 floors for the multifamily units. The adjacent 300-Acre Goodlette Road PUD also includes two-family and multi-family dwellings at a maximum height of 35 feet (50 feet for multi-family not located adjacent to Monterrey). The proposed residential PUD is similar to the surrounding housing types, and Staff analysis finds the use compatible with the neighborhood. STAFF RECOMMENDATION: Collier County Staff analysis has made the PUD Findings and Rezone Findings required by the Land Development Code, found the Lemuria PUD consistent with the applicable provisions of the Growth Management Plan and compatible with the surrounding area. Therefore, Staff recommends that the Collier County Planning Commission forward PUDZ-2003-AR-3665, the Lemuria PUD, to the Board of County Commissioners with a recommendation of approval, subject to the PUD Document attached to this Staff Report. DEC 1 6 2003 PREPARED BY: F~,'~AICP, PRINCIPAL PLANNER DEPARTMENT OF ZONING & LAND DEVELOPMENT REVIEW DATE REVIEWED BY: RAY I~LOWS, CHIEF PLANNER DEPARTMENT OF ZONING & LAND DEVELOPMENT REVIEW ti,- 3-0..5 DATE /g~JSAN MURRA~RIM DIRECTOR DEPARTMENT OF ZONING & LAND DEVELOPMENT REVIEW DATE APPROVED BY: · SCHMITT, ADMINISWI-RATOR , D,~TE' - MUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION Petition PUDZ-2003-AR-3665 Tentatively scheduled for the December 16, 2003 Board of County Commissioners Meeting. COLLIER COUNTY PLANNING COMMISSION: RUSSELL A. BUDD, CHAIRMAN DEC 16 2003 REZONE FINDINGS PETITION PUDZ-2003-AR-3665 Section 2.7.2.5. of the Collier County Land Development Code requires that the report and recommendations of the Planning Commission to the Board of County Commissioners shall show that the Planning Commission has studied and considered the proposed change in relation to the following, where applicable: Whether the proposed change will be consistent with the goals, objectives, and policies and Future Land Use Map and the elements of the Growth Management Plan. Staff analysis (see attached Staff Report) indicates that the proposed PUD is consistent with the goals, objectives, and policies of the Furore Land Use Map and the other applicable elements of the Growth Management Plan. The existing land use pattern; The parcel is adjacent to residential uses on the east and south. The zoning of the abutting property to the north is agricultural (the use is a utilities plant) and the preserve tract o.~' a mixed-use PUD. According to the Growth Management Plan, the proposed rezone is consistent with the existing land use pattern. The possible creation of an isolated district unrelated to adjacent and nearby districts; The parcel is adjacent to residential, preserve and public utilities uses. Analysis of the surrounding uses indicates that the PUD will not create an isolated, unrelated zoning district. o Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. DEC 1 6 2003 // The current district boundaries are logically drawn, since they are consistent with the Growth Management Plan. e Whether changed or changing conditions make the passage of the proposed amendment necessary. The petitioner believes that changing market conditions favor the development of a residential community on a currently undeveloped parcel. 6e Whether the proposed change will adversely influence living conditions in the neighborhood; The parcel is adjacent to existing residential uses, or uses compatible with (preserve, utilities) residential uses. Therefore, the proposed PUD will not adversely affect living conditions in the neighborhood. 0 Whether the proposed change will create or excessively increase traffic congestion or create types of traffic deemed incompatible with surrounding land uses, because of peak volumes or projected types of vehicular traffic, including activity during construction phases of the development, or other,vise affect public safer- Analysis by the Transportation Services Division has determined that the proposed PUD will not increase traffic congestion or create types of traffic deemed incompatible with surrounding land uses. ge Whether the proposed change will create a drainage problem; The project will be required to obtain a permit from the South Florida Water Management District. Drainage problems should not be created when construction is done in accordance with the permit. Whether the proposed change will seriously reduce light and air to adjacent areas; All projects in Collier County are subject to the development standards of the zoning district in which they are located. These development standards are designed, at a minimum to maintain light and air circulation. 2 !fi':'9 i 10. Whether the proposed change will adversely affect property values in the adjacent area; An appraisal of estimated future property values resulting from a rezone was not required to be submitted. However, this site is adjacent to other residential uses and an adverse effect on property values is not anticipated. 11. Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations; The development of adjacent properties in accordance with existing regulations will not be affected. 12. Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasting with the public welfare; Since the proposed PUD has been found to be in compliance with the Growth Management Plan, the proposed change will not constitute a grant of special privilege. 13. Whether there are substantial reasons why the property cannot be used in accordance with existing zoning; The property today could be used for an agricultural operation or to construct one single family house and guest house. However, the Growth Management Plan permits a request to rezone the property to a density of up to 3 dwelling units per acre. Whether the change suggested is out of scale with the needs of the neighborhood or the County; Since the proposed PUD complies with the Growth Management Plan, it is not out of scale with the needs of the neighborhood or County. 15. Whether is it impossible to find other adequate sites in the County for the proposed use in districts already permitting such use. 3 DEC 1 6 2003 /.5 16. There are many similar parcels in the County. The petitioner wishes to construct residential uses on this parcel. The physical characteristics of the property and the degree of site alteration which would be required to make the property usable for any of the range of potential uses under the proposed zoning classification. While site conditions may restrict Us location and square-footage of the buildings, they would not render the property unusable. 17. The impact of development on the availability of adequate public facilities and services consistent with the levels of service adopted in the Collier County Growth Management Plan and as defined and implemented through the Collier County Adequate Public Facilities Ordinance, as amended. The rezoning of this property, will e;'entually result in the creation of a residential development. The Site Development Plan or Plat will be reviewed for compliance w/th the Levels of Service required for public facilities in the area. AGE. N[:)A DEC I 6 2003 PUD FINDINGS PETITION PUDZ-2003-AR-3665 Section 2.7.3.2.5. of the Collier County Land Development Code requires that the report and recommendations of the Planning Commission to the Board of County Commissioners be supported by the following findings, where applicable: The suitability of the area for the type and pattern' of development proposed in relation to physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer, ~vater, and other utilities. The Lemuria PUD was found suitable for the type and pattem of development in the area. Utilities are available to the site. Detailed drainage calculations will be reviewed at the time of SDP or plat. Traffic and access issues were resolved with the Transportation Services Division. The physical characteristics of the land may limit the location of structures, but not the ability to construct them. Adequacy of evidence of unified control and suitability of any proposed agreements, contract, or other instruments, or for amendments in those proposed, particularly as they may relate to arrangements or provisions to be made for the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained at public expense. The petitioner has provided evidence that the PUD is under unified control. Conformity of the proposed PUD with the goals, objectives and policies of the Growth Management Plan. Staff analysis indicates that the Lemuria PUD is consistent with the goals, objectives and policies of the Growth Management Plan. The ir '.. and external compatibility of the. proposed uses, which conditions may include restrictions on location of improvements, restrictions on design, and buffering and screening requirements. Staff analysis indicates that the Lemuria PUD is compatible, both internally and externally, with the proposed uses and with the existing surrounding uses. The adequacy of usable open serve the development. space areas in existence and as proposed to DEC 1 6 2003 · ~ The existing PUD is undeveloped and therefore consists entirely of open space. The proposed PUD will meet the LDC requirement for 60 percent open space in residential d, evelopments. e The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. The PUD is required-to meet concurrency requirements at the time of Site Development Plan or plat approval. The ability of the subject property and of surrounding areas to accommodate expansion. Ability to expand, as applied in this context, implies supporting infrastructure, such as wastewater, disposal system, potable water supplies, characteristics of the property relative to hazards, and capacity of roads which is available to this site. Infrastructure is in place in the vicinity and its adequacy will be determined at the time of SDP or plat approval. Conformity with PUD regulations,, or as to desirable modifications of such regulations in the particular case, based on determination that such modifications are justified as meeting public purposes to a degree at least equivalent to literal application of such regulations. The proposed Lemuria PUD conforms to PUD regulations or requests deviations that staff analysis finds justified. DEC 1 5 2003 n. /¢ Folio No.~ 00238681903 Current Ownership Property Addressi NO SITE ADDRESS ' Owner NameD GATES MCVEY-KNOPKE Addresses~ 5405 PARK CENTRAL CT ci~I .A,,ES! S~eI F~ ! Legal~ 3 49 25 BEG AT NE CNR SEC 3, S . t OlDEG E 1347.52FT, S89DEG W !1090.57FT, N06DEG E 134.76FT, B S83DEG E 15FT, N06DEG E 923.71 B'For more than four lines of LeGal Description please call the Property Appraiser's Office. Zip~ 34109 - 5934 Section ~ Township I Range I Ac~, i 03 ! 49 I 2s i 23.~9 I Sub NO. I 100 i ~ ~(~ Millage Area ~0 Use Code I 99 I NON-AGRICULTURAL ACREAGE I 133 Map.o. I S~p.o.. I 4A03 1492S03 016.0004A03 I '~J Millage I 13.2998 I 2003 Preliminary Tax Roll Values (Subject to change) I Land Value I (+) Improved Value I (=) Market Value I (-) SOH Exempt Value $ 2,679,270.00 II Date s o.oo I I lO / 2002 $ 2,679,270.00 I $ o.oo ] I (=) Assessed Value ~ $ 2,679,270.00 I (') Homestead and other Exempt Value ~ $ 0.00 I (=) Taxable Value ~ $ 2,679,270.00 SOH = "Save Our Hemes" exempt value due to cap on assessment increases. Latest Sales History Book - Page ~ .amount 3136- 1462 ~ $ 3,200,000.00 The Information is Updated Weekly. ^c,e~o^ rr~ DEC 1 (; 2003 "'" /1 http://wWW.collierappraiser.com/RecordDetail.asp?FoliolD=0000000238681903 10/29/2003 Florida Limited Liability. GATES MCVEY - KNOPKE, LLC PRINCIPAL ADDRESS 5405 PARK CENTRAL COURT NAPLES FL 34109 MAILING ADDRESS 5405 PARK CENTRAL COURT NAPLES FL 34109 Document Number L02000025063 State FL Total Contribution 0.00 FEI Number Date Filed 113654955 09/25/2002 Status EffectiVe Date ACTIVE NONE }I Registered Agent Name & Address ROBISON, STEPHEN V 5405 PARK CENTRAL COURT NAPLES FL FL Manager/Member Detail v Name & Address Jl Title ROBISON, STEPHEN V 5405 PARK CENTRAL COURT MGR NAPLES FL 34109 Annual Reports 2003 II 04/,S~003 DEC 1 6 2003 .../cordet.exe?al =DETFIL&n 1 =L02000025063 &n2=NAMFWD&n3=0000&n4=N&rl =&r2=l 0/29/2003 19~v~s~on ot Corporations Page 2 of 2 No Events No Name History InformatiOn Document Images Listed below are the images available for this filing. TInS is NOT OFFICIAL RECORD; SEE DOCUMENTS IF QUESTION OR CONFLICT DEC 1 6 2003 .../cordet.exe?al =DETFIL&n 1 =L02000025063 &n2=NAMFWD&n3=0000&n4=N&r 1 =&r2 10/29/2003 ZNC; 94159~3477; De¢:9-02 16:52; Page 1 :' Eient :By.: F bx To: Kcvin _H_~n F~ Kanm A~'7 F_~_:'- 239-643-1143 Pag~ ~ Phone; 1:~:. l:)eceni~ 9, 2002 l~:- OM-Knoplm OC: Atlncbed please ~ tl~ Deed. Ga~ McYex-Knopke, LLC is a ~ ~ liabil~ company ~0% Ga~ McVc'y CapitalOmup, LLC. Matthew J. Knopf, Tms~ of ~l~ MaRhew .l, Knopk~ Revocable Tm~t u/t/a ~ ~~ 23, 1~8 M~ F. ~, T~ of~e ~F. Kn~ ~k T~ ~Va ~ May 8,1~8 D~ ~ ~, T~ of ~ Da~ ~ ~ ~~e T~ ~a ~d ~~ 29,1~ ~ . -' . ~~-~-~"- ~Un~u~ ~ $. Knopl~ Co-Trus~ of The Dm'id M. and Snnlc~ B. Knopke, 1998 Chnriiabb Rm~ Unitmst Addrens forKnopk~: llS00HighDriv~ Lenwoo~IGS 66211 5405 Pa~k Centrnl Court. N~ples, Florida 34109 Phone (239) 593-3777 * Fax (239) 593-3477 DEC 1 § 2003 ~.: c~o /IFFIDA FIT I, James McVey, beingfirst duly sworn, depose and say that I am a 50% owner of the property described herein and which is the subject matter of the proposed hearing,, that all the answers to the questions in this application, including the disclosure of ~nterest information, aH sketches, data, and other supplementary matter attached to and made a part of this application, are honest and true to the best of our knowledge and belief I understand that the information requested on this application must be complete and accurate and that the content of this form, whether computer generated or County printed shah not be altered Public hearings will not be advertised until this appHcation, is deemed complete, and aH required information has been submitted As property owner We/I further authorize Coastal Engineering Consultants, Inc. to act as my representative in any matters regarding this Petition. pertyOwner The foregoing instrument was acknowledged before me this ~ll t-__b day of January,_ 2003, by ~J a ,~ ,, L. c~ 0~,4 who is oersonallv knol~__to me o ~fTi-~--fffoduced State of Florida County of Collier Application for Variance Petition - 6/24/02 Florida) (Print. Type. or Stamp Commissioned Name of Notary Public) DEC 1 6 2OO3 AFFIDAVIT We, Matthew J. Knopke, David M. Knopke and Mark F. Knopke, as Trustees, being first duly sworn, depose and say that we are 50% owners of the property described herein and which is the subject matter of the proposed hearing; that all the answers to the questions in 'this application, including the disclosure of interest information, all sketches, data, and other supPlementary matter attached to and made a part of this application, are honest and true to the best 'of our knowledge and belief. We understand that the information requested on this application must be complete and accurate and that the content of this form, whether computer generated or County printed shall not be altered. Public hearings will not be advertised until this application is deemed complete, and ail required information has been submitted. As, property owner We further authorize CoaStal Engineering Consultants, Inc. to act as our representative in any matters regarding this Petition. Signature of Prop.ertl'Owner Matthew J. Knopke Signatu~ df Property Owner Mark F. Knopke Signature of Property Ow~e'r David M. Knopke T~_ e for_egoing i~__~.~m.e, nt was acknOwledged before me this /~/~ day of January, .2003, by IT~/i ~q~q~rx~.C-_J. EaO._a[lewhojs perSonally known to me or has produced · ' t as identification. State of ~d~d~ County Of Application for Variance Petition - 6/24/02 (Print, Type, or Stamp Commissioned Name of Notary Public) NOTARY PUBLIC Jo Ellen Tierney Exp. Date #'/~-c, STATE OF KANSA,( 16 2003 ~ '- ' P yknownto~e ' - 2003, by or has produced as identification. State of_ County of 7;eroe (Print, Type, or Stamp Co/nrnissioned Name of Notary Public) NOTARY PUBLIC Jo Ellen Tlernev NSAS The f. o. regoing~instrumen, t was acknowledged before me this /~ _ ,ff]Ot'~ ~'. /d190~9~o who ispersonally known to m~ ~r _ day of January, 2003, by has produced ' " ~ts identificatiort State of ~920~d~ County of, ~,~ (Print, Type, or Stamp Comrhissioned Name of Notary Public) NOTARY PUBLIC Jo Ellen 'i'iemA~ Exp. Date~/-/'~r~r-~<~ STATE Application for Variance Petition - 6/24/02 DEC 1 6 2003 Item V.A. ENVIRONMENTAL ADVISORY COUNCIL STAFF REPORT MEETING OF OCTOBER Iv 2003 II. HI. NAME OF PETITIONER/PROJECT: Petition No.: Petition Name: Applicant/Developer: Engineering Consultant: Environmental Consultant: PUDZ-2003'AR-3665 Bella Lago PUD Gates McVey-Knopke, LLC Coastal Engineering Consultants, Inc. Earth Balance LOCATION: The subject property is an undeveloped 24.21-acre parcel located on the east side of Goodlette-Frank Road, approximately 1000 feet south of Vanderbilt Beach Road in Section 3, Township 49 South, Range 25 East, Collier County, Florida. DESCRIPTION OF SURROUNDING pROpERTIES: Development and road right of way surrOund the property. ZONING DESCRIPTION N- PUD A Pelican Marsh preserve area Collier County Utilities plant S- PUD Residential Tract of Calusa BaT, 300-ACre Goodlette Road PUD E- PUD Residential Tract of Monterey; Monterey PUD W - ROW Goodlette-Frank Road ROW A Single family and agricultural useS; Ridge subdivision Pine DEC 1 6 2003 EAC Meeting Page 2 of 7 IV. PROJECT DESCRIPTION: The proposed Bella Lago PUD is a residential development with a maximum of 72 dwelling units. The residential units include attached single family, villas .and townhouses of two-stories, with a maximum height of 35 feet. Also included are recreational amenities, a preserve, and stormwater management lakes, GROWTH MANAGEMENT PLAN CONSISTENCY: Future Land Use Element: The subject property is designated Urban (Urban Mixed-Use District, Urban Residential Subdistrico on the FutUre Land Use Map of the GroWth Manageraent Plan. This Subdistrict permits residential development (with a variety of unit types) at a base density of 4 dwelling units per acre. This district is infended to accommodate a variety of residential and non-residential uses, including mixed- use developments such as Planned Unit Developments. The project is located within a Traffic Congestion Area, as depicted on the Future Land Use Map and described in the FLUE, so is subject to a 1 dwelling unit per acre reduction fi.om the base density of 4 dwelling units per acre and is not eligible for any density bonuses. Therefore, this project is limited to a maximum density of 3 dwelling units per acre. Base Density Traffic Congestion Area Total Eligible Density 4 du/a - 1 du/a 3 du/a Based upon the above analysis, staff concludes the proposed uses and density may be deemed cOnsistent with the Future Land Use Element. Conservation & Coastal Management Element. The project is consistent with the Policies in Objective 6.1 and 6.2 of the Conservation & Coastal Management Element, for the following reasons: A minimum of 25 % of the existing native vegetation on-site is being retained and set aside as preserve areas with conservation easements prohibiting further development. Preserve areas are interconnected to adjoining off-site preserve areas and wildlife corridors. DEC 1 6 2003 EAC Meeting Page 3 of 7 Habitat management and exotic vegetation removal/maintenance plans shall be required at the time of Site Development Plan/Construction Plan submittal. Preserve areas shall be maintained free of Category I invasive exOtic plants as defined by the FloridaExofic~P~est~ant Councit~. ~ ......... , The requirement for an Environmental Impact Statement (ELS) pUrSUant to policy 6.1.7 has been satisfied, Jurisdictional wetlands have been identified as required by Policies 6.2.1 and 6.2.2. Agency permits shall be required prior to Site Development Plan/Construction Plan approval. As stated in Policies 6.2.3 and 6.2.4, where permits issued by jurisdictional agencies allow for impacts to wetlands within the Urban Designated Area and require mitigation for such impacts, this shall be deemed to meet the objective of protection and conservation of wetlands and the natural functions of wetlands within this area. In accordance with Policy 6.2.6, required preservation areas have been identified on the PUD master plan. Allowable uses within the Preserve areas have been included in the PUD document, and are consistent with the uses identified in Policy 6.2.6.: A wildlife survey for listed species in accordance with Policy 7.1.2 is included in the Environmental Impact Statement (ELS). A'gopher tortoise management plan in accordance with Policy 7.1.2 will be required at the time of Site Development PlaxffConstmction Plan submittal. MAJOR ISSUES: Stormwater Management: The site is located within the Pine Ridge Canal Basin. The County maintains the stormwater facility adjacent to the west side of Goodlette-Frank Road. The stormwater system will be designed to meet SFWMD and Collier County roles an regUlations for a 25-year 3-day storm event and for water quality. The discharge will be limited to 0.15 CFS/AC, and it will be directed to the ditch located on the west Side of Goodlette-Frank Road. DEC 1 6 2003 Page 4 of 7 Environmental: Site Description: Pine flatwoods occupy the majority of the subject property (20.79 acres) with the remaining acreage being made up of vegetated non-forested wetland (.41 acres), herbaceous rangeland (.78 acres) and 2.23 acres of utility easements which front Goodlette-Frank Road. Varying degrees of exotics are present ~throughout 'the property. A portion of the site is being used for beekeeping and honey production.' Three soil types occur On the subject property as mapped by the Natural Resources Conservation Service (NRCS). lmmokalee fine sand covers most of the site, Basinger fine sand and Boca, RiViera, Limestone Substratum and Copeland fine sand, depressional make up the remaining soil types. One of the soil types found' on site, Boca, Riviera, Limestone Substratum and Copeland rifle sand, depressional is listed aSa hydrie soil by the NRCS. A map showing the loc~tions of the soils on site, along with deSCriptions of each soil type, are included as attachments in the (EIS).. Wetlands: A small portion of the northeast comer of the site is jurisdictional wetland (.41 acre). A brief summary of the major flora within these wetland areas is found on page ten of the EIS. This wetland is contiguous to wetland preserves on the Pelican Marsh and Villages of Monterey PUDs. Part of the wetland contains an FP&L eaSement and has seVere rotting from vehicle access. This area comprises only .02 acres of the Site. The entire area of the wetland, minus the .02 .acre FP&L easement, will be preserved aS part of the project's preservation requirements. . .~- Preservation Requirement: As required in Section 3.9;5.5.3 of the Land Development Code, twenty-five percent of the existing native vegetation is required to be retained onsite. The minimum preservation requirement for the 24.21-acre site, excluding the FPL' easements (2.25 acres) is 5.49 acres. The applicant is proposing to retain 5.59 acres of wetlands and uplands as shown on the PUD master plan. DEC 1 6 2003 EAC Meeting Page 5 of 7 Listed So~Cies_: One-protected. species was fOund on the property by the environmental~consul't~ using state methodology to survey the property. Eight active and six inactive gopher tortoise burrows were observed, which are scattered throughout the site (see Exhibit 10 of the EIS). Staff observed one additional active burrow and four gopher tortoises during two site visits. A current survey will be required at the time of Site Development/Construction Plan submittal and a state permit for relocation will be required for approximately six of th~ fifteen burrows. They will all be relocated within the northern upland preserve tract (Tract B-l), which is the best suitable habitat available and is contiguous with off-site preserves, and will be protected through a required gopher tortoise relocation/management plan. RECOMMENDATIONS: Staff recommends approval of Planned Unit Development No. PUDZ-2003-AR- 3665, "Bclla Lago" with the following stipulations: Stormwater Mana~,ement: 1. This project must obtain a surface water management permit from the South Florida Water Management District. 2. Collier County Stormwater Management Section will review and approve the stormwater system. 3. At the time of construction plans review, petitioner shall verify that peak stages do not cause adverse off-site impacts to neighboring developments. Environmental: 1. Revise Section 2.17 of the PUD document to reflect the correct acreage of preserve requirement, 5.49 acres. 2. Revise the master plan to reflect the correct acreage of preserve requirement and the correct boundary of the preserve (minus the east-west FP&L easement). 3. Revise the EIS to reflect the correct acreage of preserve requirement and indicate that the FP&L easement through the wetland will not be included in the required preserve, nca~nlx~[< DEC 1 6 2003 EAC Meeting Page 6 of 7 PREPARED BY: . DATE ' JO~. ADA2LMES MINOR, P.E. ENGINEER SENIOR LAURA ROYS ENVIRONMENTAL SPECIALIST PRINCIPAL PLANNER DATE DEC-1 6 2003 EAC Meeting Page 7 of 7 REVIEWED BY: BARBARA S. BURGESON (5;f PRINCIPAL ENVIRONMENTAL SPECIALIST DATE ~'-~b. Lo~Nz, jr.,EE? - EeNVIRONMENTAL SERVICES DEPARTMENT DIRECTOR ~>9--/6 - c~.-q DATE ~~GER DATE APPROVED BY: ~~ DATE-' SEPH K VELoPMENT & ENVIRONMENTAL SERVICES ADMINISTRATOR ^C~.NOA rr~ CI0 DEC 1 6 2O03 Pg. ~ APPLICATION FOR PUBLIC HEARING FOR: PUD REZONE Petition No.: Date Received: Planner Assigned: Commission District: PUDZ-2003-AR-3665 PROJECT #2002090082 DATE: 2~3~03 - FRED REISCHL ABOVE TO BE COMPLETED BY STAFF General Information: Name of Applicant(s) Gates McVey-Knopke, LLC ' Applicant's Mailing Address 5405 Park Central Ct. City Naples State FL Applicant's Telephone # 239-593-3777 Zip 34109 Fax # 239-593-3477 Applicant's E-Mail Address: jmcvey(~gatesmcvey.com Name of Agent Vincent A. Cautero Finn Coastal Engineering Consultants, Inc. Agent's Mailing Address 3106 South Horseshoe Drive City Naples Agent's Telephone # 239-643-2324 AGENT'S E-MAIL ADDRESS: State FL Zip 34104 Fax #239-643-1143 VCAUTERO(~CECIFL.COM COLLIER COUNTY COMMUNITY DEVELOPMENT PLANNING SERVICES/CURRENT PLANNING 2800 N. HORSESHOE DRIVE-NAPLES, FL 34104 PHONE (941) 403-2400fFAX (941) 643-6968 12/26/2002APPLICAIION FOR PUBLIC HEARING FOR PUD RE-ZONE DEC 1 6 2003 Complete the following for all Association(s) affiliated with this petition. (Provide additional sheets if necessary) Name of Homeowner Association: N/A Mailing Address City State Zip Name of Homeowner Association: Mailing Address City State Zip Name of Homeowner Association: Mailing Address City State . ZiP. Name of Master Association: Mailing Address N/A City State ~ Zip Name of Civic Association: Mailing Address N/A City State ~ Zip Disclosure of Interest Information: ao If the property is owned fee simple by an INDIVIDUAL, tenancy by the entirety, tenancy in common, or joint tenancy, list all parties with an ownership interest as well as the percentage of such interest. (Use additional sheets, if necessary). Name and Address Percentage of Ownership 12f26/2002APPLICATION FOR PUBLIC HEARING FOR PUD RE-ZONE DEC 1 6 2003 If the property is owned by a CORPORATION, list the officers and stockholders and the percentage of stock owned by each. Name and Address, and Office P6rcentage of Stock Ce If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with the percentage of interest. Name and Address - see attached - Percentage of Interest 50% do If the property is in the name of a GENERAL or LIMITED PARTNERSHIP, list the name of the general and/or limited partners. Name and Address: Gates McVey Capital Group, LLC 5405 Park Central Court Naples, FL 34109 Percentage of Ownership 50% If there is a CONTRACT FOR PURCHASE, with an individual or individuals, a Corporation, Trustee, or a Partnership, list the names of the contract purchasers below, including the officers, stockholders, beneficiaries, or partners. Name and Address Percentage of Ownership Date of Contract: 12/26/2002APPLICATION FOR PUBLIC HEARING FOR PUD RE-ZONE L") DEC 1 § 2003 ... $c3 Matthew J. Knopke, Trustee of the Matthew J. Knopke Revocable Trust u/t/a dated September 23, 1998 Mark F. K.nopke, Trustee of the Mark F. Knopke Revocable Trust u/ifa dated May 8, 1998 David M. Knopke, Trustee of the David M. Knopke Revocable Trust u/ifa dated September 29, 1992 Mark F. Knopke, Co-Trustee of the David M. and Janice B. Knopke 1998 Charitable Remainder Unitrust Matthew J. Knopke, Co-Trustee of the David M. and Janice B. Knopke, 1998 Charitable Remainder Unitrust Address for Knopke: 11500 High Drive, Leawood, KS 66211 12/2612002APPLICATION FOR PUBLIC HEARING FOR PUD RE-ZONE DEC 1 6 2003 If any contingency clause or contract terms involve additional parties, list all indiViduals or officers, if a corporation, partnership, or trust. Name and Address go Date subject property acquired (X) leased ( ): 10/17/02 'Term of lease _ yrs./mOs. If, Petitioner has option to buy, indicate date of option: and date option terminates: , or anticipated closing date . ho Should any changes of ownership or changes in contracts for purchase occur subsequent to the date of application, but prior to the date of the final public hearing, it is the responsibility of the applicant, or agent on his behalf, to submit a supplemental disclosure of interest form. Detailed legal description of the properOg covered by the application: (If space is inadequate, attach on separate page.) If request involves change to more than one zoning district, include separate legal description for property involved in each district. Applicant shall submit four (4) copies of a recent survey (completed within the last six months, maximum 1" to 400' scale) if required to do so at the pre-application meeting. NOTE: The applicant is responsible for supplying the correct legal description. If qUestions arise concerning the legal description, an engineer's certification or sealed survey may be required. Section: 3 Township: __495 ~ Range: _25E Lot: N/A Block: ~N/A Subdivision: N/A Plat Book_N/A Page #: N/A __ Propert33 I.D.#: 00238681709- ' Metes & Bounds Description: __See attached survey Size of property: N/A ft. X __N/A ft. = Total Sq. Ft. 24.21 Acres Address/general location of subject property: _On the east side of Goodlette Road; north or Orange Blossom Drive, South of Vanderbilt Beach Road, and adjacent to and south of the Collier County Carica Road Water Storage and Pump Station 12/'26/2002APPLICATION FOR PUBLIC HEARING FOR PUD RE-ZONE DEC 1 6 2003 Adjacent zoning and land use: Zoning 'Land use N A (Rural Agriculture)/p0 33 Urban Mixed UseFLtrban Residential //Pe~ \; co.~, ~c4r.~¼ 'q'L~ ~ S PUD (Planned unit Development) " "" " "(Calusa Bay) E " "" " "(Monterrey) W A " "" " "(Pine Ridge Estates) Does the owner of the subject property own property contiguous to the subject property? If so, give complete legal description of entire contiguous ProPerty. (If space is inadequate, attach on separate page). N/A Section: Lot: Plat Book Metes & Bounds Description: Township: Range: Block: Subdivision: Page #:__ Property I.D.#: Rezone Request: This application is requesting a rezone from the A (Rural Agriculture) zoning district(s) to the PUD (Planned Unit Development) zoning district(s). Present Use of the Property: Vacant Proposed Use (or range of uses) of the property: Residential Development consisting of approximately 72 units with r~creational facilities, lake, clubhouse, and conservation uses. Evaluation Criteria: Pursuant to Section 2.7.2.5 and Sec. 2.7.3.2.5 of the Collier County Land Development Code, staff's analysis and recommendation to the Planning Commission, and the Planning CommissiOn's recommendation to the Board of County Commissioners shall be based upon consideration of the applicable criteria noted below. Provide a narrative statement describing the rezone request with specific reference to the criteria noted below. Include any backup materials and documentation in support of the request. Standard Rezone Considerations (LDC Section Z 7.2. 5) II/26r2002APPLICATION FOR PUBLIC HEARING FOR PUl) RE-ZONE DEC 1 2003 I. Whether the proposed change will be consistent with the goals, objectives, and policies and future land use map and the elements of the growth management plan. 2. The existing land use pattern. 3. The possible creation of an isolated district unrelated to adjacent and nearby districts., 4. Whether existing district boundaries are illogically drawn in relation to existing conditions on the property for the proposed change. 5. Whether changed or changing conditions make the passage of the proposed amendment (rezone) necessary. 6. Whether the proposed change will adversely influence living conditions in the neighborhood 7. Whether the proposed change will create or excessively increase traffic congestion or create types of traffic deemed incompatible with surrounding land uses, because of pea'k volumes or projected types of vehicular traffic, including activity during construction phases of the development, or otherwise affect pu'blic safety. 8. Whether the proposed change will create a drainage problem. 9. Whether the proposed change will seriously reduce light and air to adjacent areas. 10. Whether the proposed change will seriously affect property values in the adjacent area. 11. Whether the proposed change will be a deterrent to the improvement Or development of adjacent property in accordance with existing regulations. IZ Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasted with the public welfare. 13. Whether there are substantial reasons why the property cannot be used in accordance With existing zoning. 14. Whether the change suggested is out of scale with the needs of the neighborhood or the county. 15. Whether it is impossible to find Other adequate sites in the county for the proposed use in districts already permitting SUch use. 16. The physical charaCteristics of the property and the degree of site alteration which wouM be required to make the property usable for any of the range of potential uses under the proposed zoning classification' 17. The impact of development on the availability of adequate public facilities consistent with the levels of service adopted in the Collier County growth 12/26/2002APPLICATION FOR PUBLIC HEARING FOR PUD RE-ZONE ~d se~ ~ DEC 1 6 2003 plan and as defined and implemented through the Collier County Adequate Public Facilities Ordinance [Code ch. 106, art. III, as amended 18. Such other factors, standards, or criteria that the board of county commissioners shall deem important in the protection of the public health, safety, and welfare. PUD Rezone Considerations (LDC Section 2. 7.3.2.5) The suitability of the area for the type and pattern of development prbposed in relation to physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer, water, and other utilities. Adequacy of evidence of unified control and suitability of any proposed agreements, contract, or other instruments, or for amendments in those proposed, particularly as they may relate to arrangements or provisions to be made for the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained at public expense. Findings and recommendations of this type shall be made only after consultation with the county attorney. 3. Conformity of the proposed PUD with the goals, objectives and policies of the growth management plan. The internal and external compatibility of proposed uses, which conditions may include restrictions on location of improvements, restrictions on design, and buffering and screening requirements. 5. The adequacy of usable open space areas in existence and as proposed to serve the development. 6. The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. 7. The ability of the subject property and of surrounding areas to accommodate expansio~ Conformity with PUD/'egulations, or as to desirable modifications of such regulations in the particular case, based on determination that such modifications o f justified as meeting public purposes to a degree at least equivalent to literal application of such regulations. 10. Deed Restrictions: The County is legally precluded from enforcing deed restrictions, however, many communities have adopted such restrictions. You may wish to contact the civic or property owners association in the area for which this use is being requested in order to ascertain whether or not the request is affected by existing deed restrictions. Previous land use petitions on the subject property: hearing been held on this property within the last year? hearing? No 12/26/2002APPLICATION FOR PUBLIC HEARING FOR PUD RE-ZONE To your knowledge, has a public If so, what was the nature of that DEC ! 6 2003. The existing land use pattern consists of residential developments on three sides of the sUbject property - south, east and west, and County essential services immediately to the north - Collier .County Water Storage and Pump Station. Immediately north of the water storage and pump station is a churCh located at the southeast comer of Vanderbilt Beach Road and Goodlette-Frank Road. This geographic area of the County contains several residential subdivisions that have access off Goodlette-Frank Road and Orange Blossom Road. The proposed development would not disrupt the existing land use pattern. Rezoning this parcel to PUD would not create an isolated district unrelated to adjacent and nearby districts, since surrounding properties are zoned PUD (Calma Bay and Monterrey)'. Adequate access to the property is provided via Goodlette-Frank Road. The traffic analysis shows that the proposed project will not have an adverse impact on Transportation Level of Service. Drainage will be controlled on-site via construction of a 4.4 acre (+/-) lake. Potable water and sanitary sewer facilities will be provided via connection to the County's central water and sewer systems. The physical characteristics of the land are suitable for a development of this magnitude, provided the preservation techniques described herein are followed. Additional utilities will be provided by North Naples Fire Control and Rescue District (Fire Protection); Comcast (Cable TV); Sprint (telephone service); Florida Power and Light (electricity); and Waste Management (garbage pick-up and recycling). The project will remain und.er the Control of the developer until such time as it is turned over to a homeowner's association. The project is consistent with the goals, objectives, and policies and future land use map and elements of the County's Growth Management Plan. The property is located within the Urban- Mixed Use District/Urban Residential Subdistrict, which allows residential development at a density up to four units per acre. Since this property is located in the traffic congestion area, the allowable density is reduced to three units per acre. Also, the property is located in close proximity to community facilities and services. Surrounding this parcel are residential developments on three sides. 12,r26t'2002APPLICATION FOR PUBLIC HEARING FOR PUD RE-ZONE Growth Management Plan objectives and policies call for use of land in the urban area in an efficient manner and prevention of urban sprawl. Development of this parcel would utilize existing land in the urban area suitable for this type of development. ' nc.,~o,s ~.. DEC 1 6 2003 o The proposed uses of recreation, open space, and conserVation uses do not prevent any compatibility issues. These uses frequently exist in close proximity to one another and provide benefits for residents and protect property values. Buffering will be provided to screen uses from adjoining properties. The 4.4 acre (+/-) lake will provide a tranquil am6nity, coupled with open space 'and recreational areas, for use by residents and their guests. Over five acres (5.51 +/-) of recreation and open space will be provided for use by the residents and their guests. This acreage will consist of a clubhouse, walking trails, tennis'courts, and other recreational amenities. Additional open space (4.20 +/- acres) will be preserved as conservation areas. The development will be cOnstructed in Phases. Each phase will only commence once adequate public and private facilities, as needed, are operational. Open space on the property, not used for recreational amenities, buffering, roadways., or other required utilities, will remain non-developable to meet County LDC requirements. All other portions of the property will be committed to the development. No land is available for expansion. The development will conform to the County's Land Development Regulations. 12/26F2002APPLICATION FOR PUBLIC HEARING FOR PUD RE-ZONE DEC 1 8 2003 Additional Submittal requirements: In addition to this completed application, the following shall be submitted in order for your application to be deemed sufficient, unless otherwise waived during the pre-application meeting. a. A copy of the pre-application meeting notes; If this rezone is being requested for a specific use, provide twenty (20) copies (~ais includes: HUI if affordable housing, Joyce Ernst, if residential and Immokalee/Water Sewer District, if in Immokalee) of a 24" x 36" conc.epmal site plan [and one reduced 8½" x 11" copy of site plan], drawn to a maximum scale of 1 inch equals 400 feet, depicting the following [Additional copies of the plan may be requested upon Completion of staff evaluation for distribution to the Board and various advisory boards such as the Environmental Advisory Board (EAB), or CCPC]; · all existing and proposed structures and the dimensions thereof, · provisions for existing and/or proposed ingress and egress (inCluding pedestrian ingress and egress to the site and the structure(s) on site), all existing and/or proposed parking and loading areas [include matrix indicating required and provided parking and loading, including required Parking for the disabled], · required yards, open space and preserve areas, · proposed locations for utilities (as well as location of existing utility services to the site), · proposed and/or existing landscaping and buffering as may be required by the County, ¢. An architectural rendering of any proposed structures. d. An Environmental Impact Statement (EIS), as required by SeCtion 3.8. of the Land Development Code (LDC), or a request for waiver if appropriate. hether or not an ElS is required, two copies of a recent aerial photograph, (taken within the previous twelve months), minimum scale of one inch equals 400 feet, shall be submitted. Said aerial shall identify plant and/or wildlife habitats and their boundaries. Such identification shall be consistent with Florida Department of Transportation Land Use Cover and Forms Classification System. Additionally, a calculation of the acreage (or square feet) of native vegetation on site, by area, and a calculation and location(s) of the required portion of native vegetation to be preserved (per LDC Section 3.9.5.5.4.). £. Statement of utility provisions (with all required attachments and sketche,, 12/26/2002APPLICATION FOR PUBLIC HEARING FOR PUD RE-ZONE DEC 1 6 2003 Traffic Impact Statement (TIS), unless waived at the pre-application meeting; ho A historical and archeologicaI survey or waiver application if property is located within an area of historical or archaeological probability (as identified at pre-application meeting)i Any additional requirements as may be applicable to specific conditional uses ,and identified during the pre-application meeting, including but not limited to any required state or federal permits. j. An electronic version of the pUD on a disk as part oftl4is submittal package. 12/26/2002APPLICATION FOR PUBLIC HEARING FOR PUD RE-ZONE No. ,'.'I~ DEC 1 6 2003 STATEMENT OF UTILITY PROVISIONS FOR PUD REZONE REQUESI' NAME OF APPLICANT: Gates-McVey Knopke, LLC ' 2. MAILING ADDRESS: CITY Naples __5045 Park Central Court STATE .. FL ZIP 34109 ADDRESS OF SUBJECT PROPERTY (IF AVAILABLE): (No address assigned; vacant property). Goodlette-Frank Road - LEGAL DESCRIPTION: Section: 3 Township: 49 South Range: 25 East Lot: N/A Block: N/A Subdivision: N/A Plat Book N/A Page #: N/A Metes & Bounds Description: Property I.D.//: 00238681709 .. (See attached Survey) TYPE OF SEWAGE DISPOSAL TO BE PROVIDED (Check applicable system): a. COUNTY' UTILITY SYSTEM (GPD capacity) e. SEPTIC SYSTEM b. CITY UTILITY SYSTEM c. FRANCHISED UTILITY SYSTEM PROVIDE NAME d. PACKAGE TREATMENT PLANT TYPE OF WATER SERVICE TO BE PROVIDED: a. COUNTY UTILITY SYSTEM b. CITY UTILITY SYSTEM c. FRANCHISED UTILITY SYSTEM PROVIDE NAME d. PRIVATE SYSTEM (WELL) 12/26/2002APPLICATION FOR PUBLIC HEARING FOR PUD RE-ZONE DEC 1 6 2003 10. 11. 12. TOTAL POPULATION TO BE SERVED:__108 PEAK AND AVERAGE DALLY DEMANDS: A. WATER-PEAK 46 GPM AVERAGE DAILY B. SEWER-PEAK 36 GPM AVERAGE DAILY 16,632 GPD 12,960 GPD IF PROPOSING TO BE CONNECTED TO COLLIER COUNTY REGIONAL WATER SYSTEM, PLEASE PROVIDE THE DATE SERVICE IS EXPECTED TO BE REQUIRED: 12-03 NARRATIVE STATEMENT: Provide a brief and concise narrative statement and schematic drawing of sewage treatment process to be used as well as a specific statement regarding the method of affluent and sludge disposal. If percolation ponds are to be used, 'then percolation data and soil involved shall b~ provided from tests prepared and certified by a professional engineer. COLLIER COUNTY UTILITY DEDICATION STATEMENT: If the project is located within the services boundaries of Collier County's utility s~rvice system, written notarized statement shall be provided agreeing to dedicate to Collier County Utilities the water distribution and sewage collection facilities within the project area upon completion of the construction of these facilities in accordance with all applicable County ordinances in effect at the at time. This statement shall also include an agreement that the applicable system development charges and connection fees will be paid to the County Utilities Division prior to the issuance of building permits by the County. If applicable, the statement shall contain shall contain an agreement to dedicate the appropriate utility easements for serving the water and server systems. STATEMENT OF AVAILABILITY CAPACITY FROM OTHER PROVIDERS: Unless waived or otherwise provided for at the pre-application meeting, if the project is to redeive sewer or potable water serVices from any provider other than the County, a statement from that provider indicating that there is adequate capacity to serve the project shall be provided. Utility Provision Statement RJM 10/17/97 1/23~003APPLICATION FOR PUBLIC HEARING FOR PUD RE-ZONE AOi~IDA I~ DEC 1 6 2003 LEMURIA PUD (FORMER!,Y BELLA LAGO) SECTION 3, TOWNSHIP 49 SOUTH, RANGE 25 EAST COLLIER COUNTY, FLORIDA TRAFFIC IMPACT STATEM~ CEC FILE No. 02.174 Coastal Engineering Consultants, Inc. 3106 South Horseshoe Drive Naples, FL 34104 Telephone: (239) 643-2324 Florida Certificate of Authorization No. 2464 OCTOBER 2003 PREPARED BY: APPROVED BY: DATE: Kevin L. Higginson, P.E. Cla3a~n R.'Milier, ,PE Florida.Registration NO. 4697~ DEC 1 6 2.003 ,,,.. TABLE OF CONTENTS Executive Summary Introduction Trip Generation Area of Influence Adjacent Roadway Network Committed Roadway Improvements Trip Distribution and Assignment Background Traffic Level of Service Analysis Signalized Intersection Analysis Unsignalized Intersection Analysis Conclusion List of Tables Table 1: Trip Generation Table 2: Adjacent Roadway Information Table 3: Growth Rate Table 4: Projected Traffic Volmes Table 5: Level of Service Table 6: Proposed Turning Movement Volumes at Project Entrance Table 7: Unsignalized Intersection Delay and LOS w/Project List of Figures Exhibit #1 - Location Map Exhibit #2 - Site Plan Exhibit #3 - Area of Influence Exhibit #4 - Trip Distribution AM Peak Hour Exhibit #5 - Trip Distribution PM Peak Hour Page 1 2 5 6 8 9 10 13 15 17 18 19 5 8 13 14 16 18 18 3 4 7 11 12 Appendix 1 - Level of Service Tables 2 - Unsignalized Intersection Analysis DEC 1 6 2003 BeHa Lago PUD Traffic Impact Analysis CECI File No. 02.174 £X rCVTI ,r This proposed residential community will be located on the east side of Goodlette-Frank 'Road, approximately one-quarter mile south of Vanderbilt Beach Road. See Exhibits 1 and 2 for the location and layout of the site. The site area is 24.21 acres and the proposed density is 72 dwelling units. The site is currently undeveloped. The proposed completion date is 2004. The traffic analysis indicates that there are three roadway segments that will experience levels of service problems at project buildout. However, these problems axe not the result of traffic from this project, but are due to the anticipated background traffic. This project does not have significant (i.e. project trips more than 5% LOS Standards) roadway impacts on any of the roadways within the area of influence. Similarly, this analysis indicates that in 2004, the proposed project entrance will operate at an acceptable level of service for AM and PM peak conditions. DEC 1 S 2003 Bella Iago PUD Traffic Impact Analysis CECI File No. 02.174 Page 1 of 19 iNTRODUCTION This report is prepared in support of a Planned Unit Development (PUD) rezoning application for Bella Lago PUD, a proposed residential condominium. The project 'is located within Section 3, Township 49 South, Range 25 East, Collier County, Florida. The property is bounded on the north by the Carica Road Storage and Pump Station and undeveloped property, on the south by Calusa Bay, on the east by Monterrey, and on the west by Goodlette-Frank Road. Exhibit 1 illustrates the project location. The 24.60-acre site is currently undeveloped- Collier County has recently, acquired 0.39 acres for widening of Goodlette-Frank Road, leaving a remainder of 24.21 acres. At buildout, the project will consist of 72 multi-family dwelling units, a loop road, recreational facilities, and a water management lake. Exhibit 2 illustrates the proposed site plan for the project. The proposed project entrance includes a median opening and full access connection to Goodlette-Frank Road. Buildout is expected to occur in 2004. Both AM and PM Peak Hour conditions will be analyzed as part of this report. Beila Lago PUD Traffic Impact Analysis CECI File No. 02.174 Page 2 of 19 SITE DEC 1 $ 2003 TRIP GENERA TION For the purposes of this 'analysis, 100% occupancy is assumed. Table I summarizes the estimated trip generation resulting fi.om the project at buildout. The rates are based on ITE Trip Generation, 6th Edition. The fitted curve equation for Land Use Code 230, Residential Condominium/Townhouse, was used to estimate trip generation for the project since it has a description most similar to the development concept proposed for this project. Table 1: Trip Generation ' Land Use Parameter AADT Peak Hour (AM) Peak Hour (PM) (Dwelling (weekday) Units) Residential 72 935 40 (7 entering, 33 48 (32 entering, 16 Condominium/Townhouse exiting) exiting) Total 72 935 40 48 DEC 1 6 2003 n._,57 Bella Lago PUD Traffic Impact Analysis CECI File No. 02.174 Page S of 19 AREA OF INFLUENCE In accordance with the TIS methodology meeting with Collier County staff, the radius of influence and extent of this traffic analysis includes the roadways within three miles of the project. The roadways within the area of influence are illustrated on Exhibit 3. DEC 1 5 2003 Bella Lago PUD Traffic Impact Analysis Page 6 of 19 SITE ADJA CENT ROAD WA Y NETWORK The roadways within the area of influence and their characteristics are listed in Table 2. Table 2: Adjacent Roadway Information Road Name Number of Posted Speed Lanes Limit Goodlette-Frank Road (Solana Road to Pine Ridge 4D 45 Road) Goodlette-Frank Road (Pine Ridge Road to 2U 45 Vanderbilt Beach Road) GoodletteoFrank Road (VanderbiR Beach Road to 2U 45 Immokalee Road) U.S. 41 (Pine Ridge Road to Gulf Park Drive) 6D 45 U.S. 41 (Gulf Park Drive to Vanderbilt Beach 6D 45 Road) U.S. 41 (Vanderbilt Beach Road to Immokalee 6D 45 Road) Airport Road (Pine Ridge Road to Vanderbilt 6D 45 Beach Road) Airport Road (Vanderbilt Beach Road to 6D 45 Immokalee Road) Pine Ridge Road (U.S. 41 to Goodlette-Frank 6D 45 Road) Pine Ridge Road (Goodlette-Frank Road to Shirley 6D 45 Street) Vanderbilt Beach Road (Gulfshore Drive to U.S. 2U 45 41) Vanderbilt Beach Road (U.S. 41 to Goodlette- 4D 45 Frank Road) Vanderbilt Beach Road (Goodlette-Frank Road to 4D 45 Airport Road) Vanderbilt Beach Road (Airport Road to Logan 2U 45 Boulevard) Immokalee Road (U.S. 41 to Airport Road) 4D 45 Bella Lago PUD Traffic Impact Analysis CECI File No. 02.174 DEC 1 6 2003 Pg. ,~ Page 8 of 19 COMMITTED ROAD tVA Y IMPROVEMENTS Roadway improvements that are currently under construction or scheduled for construction within the next three years were considered to be a committed improvement. These were identified, in the Collier County Transportation Improvement Plan and FDOT Adopted Work Program for Collier County, Fiscal Year 2002/2003-2006-2007. FDOT is not planning any improvements to roadways in the vicinity of the project within the three-year timeframe. Collier County is planning the following projects: · Widen Goodlette-Frank Road from Pine Ridge Road to Vanderbilt Beach Road to four lanes in FY2003. · Widen Immokalee Road fi.om U.S. 41 to Airport Road to six lanes in FY2004. · Widen Vanderbilt Beach Road from Airport Road to Logan Boulevard to four lanes in FY2003. Beila Lago PUD Traffic Impact Analysis CECI File No. 02.174 DEC 1 2003 Page 9 of 19 TRIP DISTRIB UTION AND ASSIGNMENT Site traffic distribution is based on locations of generators and attractors in the area of the project. Generally, project traffic is expected to split evenly between the north and south. The anticipated traffic distribution for the project is shown on Exhibits 4 and 5. AGEN~.~'~ rT~,t DEC 1 ZOO3 Bella Lago PUD Traffic Impact Analysis Page 10 of 19 CECI File No. 02.174 ~ ~ IMMOKALEE ROAD N.T.S. ~ ~ ~ ENTRANCE ,--, z GU LF PARK~ DRIVE D g SHIRLEY 1 imb DEC 1 2003 IMMOKALEE ROAD ' N.T.S. !--------, "~""----~ANDERBIL T = I d E~mr~ ENTRANCE o o ~ I il o~ GULF ~ i PARK~ ~ ~ o SHIRLEY 0 STREET __ ~ __ 4 PINE RIDGE ROAD 4 ~ -- zz / I~Z~ OZO I~ ~ ~17~ BACKGROUND TRAFFIC The average growth rate of each road was determined using the 2001 Traffic Counts prepared by the Collier County'Transportation Operations Department and is listed in Table 3. Table 3: Growth Rate' Road Name 1997 ADT 2001 ADT Growth Rate Goodlette-Frank Road (Solana Road to 29,970 35,934 3.70% Pine Ridge Road) ~ Goodlette-Frank Road (Pine Ridge 16,886 24,426 7.66% Road to Vanderbilt Beach Road) Goodlette-Frank Road (Vanderbilt 11,583 17,368 8.44% Beach Road to Immokalee Road) U.S. 41 (Pine Ridge Road to Gulf Park 45,594 44,117 -0.66% Drive) (use 3.0%)~ U.S. 41 (Gulf Park Drive to Vanderbilt 45,594 44,117 -0.66% Beach Road) (use 3.0%)~ U.S. 41 (Vanderbilt Beach Road to 45,594 44,117 -0.66% Immokalee Road) (use 3.0%)~ Airport Road (Pine Ridge Road to 38,882 43.525 2.28% Vanderbilt Beach Road) Airport Road (Vanderbilt Beach Road 30,659~ 36,183 3.37%4 to Immokalee Road) Pine Ridge Road (U.S. 41 to 40,624 45,988 2.51% Goodlette-Frank Road) Pine Ridge Road (Goodlette-Frank 45,948 53,993 3.28% Road to Shirley Street) Vanderbilt Beach Road (Gulfshore 16,641 20,389 4.15% Drive to U.S. 41) Vanderbilt Beach Road (U.S. 41 to 13,319 22,870 11.42% Goodlette-Frank Road) Vanderbilt Beach Road (Goodlette- 20,4332 24,732 3.89% Frank Road to Airport Road) Vanderbilt Beach Road (Airport Road 8,550 19,587 18.03% to Logan Boulevard) lmmokalee Road (U.S. 41 to Airport 34,508 37,278 1.56% Road) negative presumably due to widemng project that was recently completed. Use assumed growth rate of 3.0% to account for completion of widening project. Projected traffic volumes, based On the growth rates computed above, are listed in Table 4. The Collier County K100 (9.7%), Axle Factor (95.24%) and "D" Factor (55.2%) is Beila Lago PUD Traffic Impact Analysis CECI File No. 02.174 DEC 1 6 2003 Page 13 of 19 used to determine a projected 2004 Peak Season Peak Hour (Direction) background volume for each roadway link. Table 4. Projected Traffic Volumes Road Name 2001 Growth 2004 2004 ADT Rate ADT Peak Hour Goodlette-Frank Road (Solana Road to 29,970 3.70% 40068 2043 Pine Ridge Road) Goodlette-Frank Road (Pine Ridge 16,886 7.66% 30482 1554 Road to Vanderbilt Beach Road) Goodlette-Frank Road (Vanderbilt I 1,583 8.44% 22147 1129 Beach Road to Immokalee Road) U.S. 41 (Pine Ridge Road to Gulf Park 45,594 -0.66% 48208 2458 Drive) (use 3.0%)~ U.S. 41 (Gulf Park Drive to Vanderbilt 45,594 -0.66% 48208 2458 Beach Road) (use 3.0%)~ U.S. 41 (Vanderbilt Beach Road to 45,594 -0.66% 48208 2458 Immokalee Road) (use 3.0%)~ Airport Road (Pine Ridge Road to 38,882 2.28% 46573 2375 Vanderbilt Beach Road) Airport Road (Vanderbilt Beach Road 30,659t 3.37% 39964 2038 to Immokalee Road) Pine Ridge Road CU.S. 41 to 45,988 2.51% 49,541 2,526 Goodlette-Frank Road) Pine Ridge Road (Goodlette-Frank 45,948 3.28% 59481 3033 Road to Shirley Street) Vanderbilt Beach Road (Gulfshore 16,641 4.15% 23032 1175 Drive to U.S. 41) Vanderbilt Beach Road CtJ.S~ 41 to 13,319 11.42% 31633 1613 Goodlette-Frank Road) Vanderbilt Beach Road (Goodlette- 20,4332 3.89°/$ 27734 1414 Frank Road to Airport Road) Vanderbilt Beach Road (Airport Road 8,550 18.03% 32208 1642 to Logan Boulevard) Immokalee Road (U.S. 41 to Airport 34,508 ! 1.56% 39046 1991 Road) Bella Lago PUD Traffic Impact Analysis ?age 14 of CECI File No. 02.174 LEVEL OF SERVICE ANAL YSIS Thc traffic gcrleratcd by the development wag aSsigned to the roadway network using the directional distribution illustrated in Exhibit 4. The project traffic waS then added to thc Peak Season Peak Hour directional traffic aS shown in Table 4 to determine the Buildout Year Peak Season Peak Hour Volume and Level of Service (LOS)of the roadway network. The LeVel of Service Tables used for this analysis arc shown in Appendix 1. The analysis indicates that several roadway segments will operate below minimum LOS standards in 2004~ However, no roadways are significantly impacted by this project. Significant impacts are defined as project trips equivalent to 5 percent or more of the LOS standard for the roadway segrnent, Three roadway segments are shown to operate at LOS F. These include Vanderbilt Beach Road west of U.S. 41, Goodlette-Frank Road from Vanderbilt Beach Road to Immokalee Road and Pine Ridge Road from Goodlette-Frank Road to Shirley Street. The referenced segment of Vanderbilt Beach Road is a constrained facility and only one trip end is expected to be added as a result of the project. The segment of Goodlette-Frank Road referenced above is slated for widening in the near future. County planning documents indicate that design of improvements is scheduled for Fiscal Year 2006. A summary of the results is provided in Table 5. Bella Lago PUD Traffic Impact Analysis CECI File No. 02.174 Page 15 of 19 Table 5: Level of Service Road Name 2004 PM 2004 PM 2004 2004 2004 2004 Project Peak Peak PM LOS LOS w/ Traffic as % Hour Project Peak Backgro Project of LOS Std Backgro Traffic Total und und Traffic. Goodlette-Frank Road (Solana 2043 6 2050 B B 0.3% Road to Pine Ridge Road) Goodlette-Frank Road (Pine Ridge 1554 32 1586 C C 1.8% Road to Vanderbilt Beach Road) Goodlette-Frank Road (Vanderbilt 1129 6 1136 F F 0.7% Beach Road to Immokalee Road) U.S. 41 (Pine Ridge Road to Gulf 2458 2 2461 C C 0.'1% Park Drive) U.S. 41 "(Gulf Park Drive to 2458 2 2460 C C 0.'1% V;anderbilt Beach Road) U.S. 41 (Vanderbilt Beach Road to 2458 3 2461 C C 0.'1% lmmokalee Road) Airport Road (Pine Ridge Road to 2375 2 2377 C C 0.'1% ~Vanderbilt Beach Road) Airport Road (Vanderbilt Beaclt 2038 3 2041 B B 0.1% Road to Immokalee Road) Pine Ridge Road (U.S. 41 to 2526 5 2531 C C 0.2% Goodlette-Frank Road) Pine Ridge Road (Goodlette-Frank 3033 5 3038 F F 0.2% Road to Shirley Street) Vanderbilt Beach Road (Gulfshore 1175 1 1175 F F 0.'1% Drive to U.S. 41) Vanderbilt Beach Road (U.S. 41 to 1613 5 1618 C C 0.3% Goodlette-Frank Road) Vanderbilt Beach Road 1414 5 1419 B B 0.3% (Goodlette~Frank Road to. . ·,.,.. ~n Road). vaaderbilt BeaCh Road (~rt 1642 1 1643 C C 0.1% ' ' Road-to Logan Boulevard) Immokalee Road (U.S. 41 to 1991 3 1994 B B 0.'1% Airport Road) AC.~A DEC 1 6 2003- Bella La~,o PUD Traffic Impact Analysis CECI File No. 02.174 SIGNALIZED INTERSECTION AN.4L YSIS No signalized intersections are significantly impacted bY this project and none have been analyzed. Bella Iago PUD Traffic Impact Analysis CECI File No. 02.174 AGENDA IT~_M -- DEC 1 ~ 2003 ~. (~ Page 17 of 19 UNSIGNALIZED INTERSECTION ANAL YSIS The project access connection to Goodlette-Frank Road was analyzed to determine the effects of the proposed project on the adjacent roadway. Table 6 shows the project traffic distribution at the project access connection for both AM and PM peak hours. The intersection was analyzed using McTrans HCS-3 software. See Appendix 2 for a detailed report of the analysis. Table 7 provides a summary of the level of service and delays for the AM and PM peak hour conditions with the project. The analysis shows that there are significant delays for left turning movements from the development. However, the overall delays are acceptable and operate at LOS D or better. Table 6: Proposed__ Turning.. Movement Volumes at Project Entrance ..... ,~V~ P~ PM Peak Direction Turning Volume Direction Turning Volume NBR 4 NBR 16 SBL 3 SBL 16 - WBR 17 WBR 8 WBL 16 WBL 8 Table 7: Unsignalized Intersection Delay and LOS w/Project AM Peak I PM Peak 2004 LOS 2004 Delay (sec) D 29.9 2004 LOS 2004 Delay (sec) 22.2 Bella Lago PUD Traffic Impact Analysis CECI File No. 02.174 DEC 1 2003 rage l~ 6t 19 '" CONCLUSION Several roadway segments are expected to operate at unacceptable levels of service at buildout of the project. However, the construction of this project with a 100% buildout will not adversely affect surrounding roadways within the Area of Influence. The additional trips produced by this project will not trigger any LOS changes on these roadways. Ail trip increases for affected road segments are below the 5% LOS "C" requirement. In addition, the project entrance, as currently proposed, will operate at an acceptable level of service. DEC 1 6 Bella Lago PUD T~c Impact ~alysis ~ ~ CECI File No. 02.174 P~e 19 of 19 APPENDIX 1 DEC 1 I~ 2003 BeHa Lago PUD Traffic Impact Analysis CECI File No. 02.174 AC, EI~ DEC 1 6 2003 APPENDIX 2 AGENDA ITEM DEC 1 Bella Lago PUD Traffic Impact Analysis HCS: Unsignalized Intersections Release 3.lb TWO-WAY STOP CONTROL(TWSC) ANALYSIS Analyst: Kevin Higginson, P.E. Intersection: Bella Lago Project Entrance/Goodlette-Frank Road Count Date: 2004 Peak Season ' Time Period: AM Peak Intersection Orientation: North-South Major St. Vehicle Volume Data: Movements: 1 2 5 6 10 12 Volume: 3 1261 1554 4 16 17 HFR: 3 1371 1689 4 17 18 PHF: 0.92 0.92 0.92 0.92 0.92 0.92 PHV:' 0.10 0.10 0.10 0.10 0.10 0.10 Pedestrian Volume Data: Movements: 13 14 15 16 Lane width: 0.00 0.00 0.00 0.00 Walk speed: 0.00 0.00 0.00 0.00 % Blockage: 0.00 0.00 0.00 0.00 Median Type: Raised Curb # of vehicles: 2 Flared approach Movements: # of vehicles: Eastbound 2 ~ of vehicles: Westbound 0 Lane usage for movements 1,2&3 approach: Lane 1 Lane 2 Lane 3 L T R L T R L T R Y N N N y N N y N Channelized: N AC~3u~& {TISi~ ~ Grade: 0.00 ~ 6'%L...), L DEC f 6 ~me u-<a~e for ~vement~ 4,$&6 approach: Channelized: Y Grade: 0.00 usage for movements 7,8&9 approach: Lane 1 Lane 2 Lane 3 L T R L T R L T R N N N N N N N N N Channelized: N Grade: 0.00 Lane usage for movements 10,11&12 approach: Lane 1 Lane 2 Lane 3 L T R L T R L T R y N N N N Y N N N Channelized: N Grade: 0.00 Data for Computing Effect of Delay to Major Street Vehicles: Northbound Southbound ~hared In volume, major th vehicles: ared in volume, major rt vehicles: ~at flow rate, major th vehicles: Sat flow rate, major rt vehicles: Nun%her of major street throu9h lanes: 0 0 0 0 3400 1700 1700 1700 2 2 Length of study period, hrs: 0.25 Worksheet 4 Critical Gap and Follow-up time calculation. Critical Gap Calculations: Movement 1 10 12 c,base 4.1 7.5 6.9 c,hv 2.0 2.0 2.0 hv 0.10 0.10 0.10 c,g 0.2 0.1 0.00 0.00 0.00 3,1t 0.0 0.7 0.0 c,T: stage 0.00 0.00 0.00 stage 0.00 1.00 0.00 c stage 4.3 7.0 7.1 stage 4.3 6.0 7.1 Follow Up Time Calculations: Movement 1 10 12 t f, base 2.2 3.5 3.3 t f,HV 1.0 1.0 1.0 P hv 0.10 0.10 0.10 t f 2.3 3.6 3.4 Worksheet 6 Impedance and capacity equations Step 1: RT from Minor St. 9 12 Conflicting Flows Potential Capacity Pedestrian Impedance Factor Movement Capacity Probability of Queue free St. 845 291 1.00 291 0.94 Conflicting Flows Potential Capacity Pedestrian Impedance Factor Movement Capacity Probability of Queue free St. Step 2: LT from Major St. 4 1 1689 340 1.00 340 0.99 Worksheet 7a Computation of the effect of Two-stage gap acceptance Step 3: TH from Minor St. 8 11 Part 1- First Stage Conflicting Flows Potential Capacity Pedestrian Impedance Factor Cap. Adj. factor due to Impeding mvmnt Movement Capacity Probability of Queue free St. 1377 1689 214 151 1.00 1.00 0.99 1.00 212 151 1.00 1.00 Part 2- Second Stage Conflicting Flows 1689 1377 Potential Capacity 151 214 Pedestrian Impedance Factor 1.00 1.00 Cap. Adj. factor due to Impeding mvmnt 1.00 0.99 Movement Capacity 151 212 Part 3- Single Stage Conflicting Flows 3066 3066 Potential Capacity Pedestrian Impedance Factor Cap. Adj. factor due to Impeding mvmnt Movement Capacity 12 12 1.00 1.00 0.99 0.99 12 12 DEC 1 6 2001I Y/ Result for 2 stage process: 0.95 0.95 1.48 0.69 113 114 C t Probability of Queue free St. 1.00 1.00 Worksheet 7b - Computation of the effect of Two-stage gap a~ceptance Step 4: LT from Minor St.710 Part 1- First Stage ................................. ~ .................... Conflicting Flows 1377 1689 Potential Capacity 203 124 Pedestrian Impedance Factor 1.00 1.00 Cap. Adj. factor due to Impeding mv~ult 0.99 1.00 201 124 Movement Capacity Part 2- Second Stage Conflicting Flows 845 692 Potential Capacity 387 437 Pedestrian Impedance Factor 1.00 1.00 Cap. Adj. factor due to Impeding mvmnt 0.94 0.99 ~vement Capacity 362 433 Part 3- Single Stage Conflicting Flows 2222 2381 Potential Capacity Pedestrian Impedance Factor Maj. L, Min T Impedance factor Maj. L, Min T Adj. Imp Factor. Cap. Adj. factor due to Impeding mv~u%t 38 26 1.00 1.00 0.99 0.99 0.99 0.99 0.93 0.99 Movement Capacity 35 25 Result for 2 stage process: ~: - ' ' ' ~ 0.95 0.95 ~ . . 0.51 0.24 Y 167 Worksheet 10 delay,~eue length, ~d ~S Movement 1 4 7 8 9 10 11 ~ 9 .... ~ ........................................................................................... ? (vph) 3 C m (vph) 340 ~/c 0.01 ~5% queue length Uontrol Delay 15.7 LOS C Approach Delay , Approach LOS 17 18 114 291 0.15 0.06 42.4 18.2 E C 29.9 D HCS: unsignalized Intersections Release 3.lb TWO-WAY STOP CONTROL(TWSC) ANALYSIS A~alyst: Kevin Higginson, P.E. iersection: Bella Lago Project Entrance/Goodlette-Frank Road ~ount Date: 2004 Peak Season Time Period: PM Peak Intersection Orientation: North-South Major St. Vehicle Volume Data: Movements: 1 2 5 6 10 12 Volume: 16 1554 126I 16 8 8 HFR: 17 1689 1371 17 9 9 PHF: 0.92 0.92 0.92 0.92 0.92 0.92 PHV~ 0.10 0.10 0.10 0.10 0.10 0.10 Pedestrian Volume Data: Movements: 13 14 15 16 Flow: 0 0 0 0 Lane width: 0.00 0.00 0.00 0.00 ~'~lk speed: 0.00 0.00 0.00 0.00 31ockage: 0.00 0.00 0.00 0.00 Median Type: Raised Curb # of vehicles: 2 Flared approach Movements: # of vehicles: Eastbound 2 # of vehicles: Westbound 0 Lane usage for movements 1,2&3 approach: Lane 1 Lane 2 L T R L T Lane 3 R L T R Grade: 0~00 Lane-usage for movements 4,5&6~appr~ach: Lane 1 Lane 2 Lane 3 L T R L T R L T R N Y N N Y N N N Y Channel i zed: Y Grade: 0.00 Lane usage for movements 7,8&9 approach: Lane I Lane 2 Lane 3 L T R L T R L T R N N N N N N N N N Channelized: N Grade: 0.00 Lane usage for movements 10,11&12 approach: Lane 1 .Lane 2 Lane 3 L T R L T R L T R Y N N N N Y N N N Channelized: N Grade: 0.00 Data for Computing Effect of Delay to Major Street Vehicles: Northbound Southbound Shared in volume, major th vehicles: Shared In volume, major rt vehicles: Sat flow rate, major th vehicles: Sat flow rate, major rt vehicles: Number of major street through lanes: 0 0 0 0 3400 1700 1700 1700 2 2 Length of study period, hrs: 0.25 Worksheet 4 Critical Gap and Follow-up time calculation. Critical Gap Calculations: Movement 1 10 12 ~t~c,base 411 7.5 6.9 c,hv 2.0 2.0 2.0 hv 0.10 0.10 0.10 c,g 0.2 0.1 0.00 0.00 0.00 3,1t 0.0 0.7 0.0 c,T: stage 0.00 0.00 0.00 stage 0.00 1.00 0.00 stage 4.3 7.0 7.1 stage 4.3 6.0 7.1 Follow Up Time Calculations: AGENOA I'I'F~ NO. Movement 1 10 12 ........................................................... t f,base 2.2 3.5 3.3 t.~f,PiV 1.0 1.0 1.0 ; 0.10 0.10 . 0.10 t f 2.3 3.6 3.4 Worksheet 6 Impedance and capacity equations Step 1: RT from Minor St. 9 12 . _ .................... 685 Conflicting Flows 372 Potential Capacity 1.00 Pedestrian Impedance Factor 372 Movement Capacity 0.98 Probability of Queue free St. Step 2: LT from Major St. 4 1 .................... 1371 Conflicting Flows 457 Potential Capacity 1.00 Pedestrian Impedance Factor 457 Movement Capacity 0.96 Probability of Queue free St .................... '--'.ksheet 7a - Computation of the effect of Two-stage gap acceptance Step 3: TH from Minor St. 8 11 Part 1- First Stage ................................. ..................... 1724 Conflicting Flows Potential Capacity Pedestrian Impedance Factor Cap. Adj. factor due to Impeding mvmnt Movement Capacity 1371 145 216 1.00 1.00 0.96 1.00 140 216 1.00 1.00 Probability of Queue free St. Part 2- Second Stage ............. ...................... 1371 1724 ~ '~ ~ ' 'Conflicting~Fl°ws~'i--~' 216 145 Potential Capacity 1.00 1.00 Pedestrian impedance Factor CaP. Adj factor due 'to Impeding mvmnt 1.00 0.96 ' 216 140 Movement Capacity ........................ ~"Tflicting Flows jcential Capacity Pedestrian Impedance Factor Part 3- Single Stage .............................. 12 12 N~'- 1.00 1.00 Cap Adj factor due to Impeding mvmnt 0.96 0.96 · · 12 12 Movement Capacity Result for 2 stage process: a 0.95 0.95 Y 0.69 1.60 C t 106 109 Probability of Queue free St. 1.00 1.00 Worksheet 7b - Computation of the effect of Two-stage gap acceptance Step 4: LT from Minor St. 7 10 Part 1- First Stage Conflicting Flows Potential Capacity Pedestrian Impedance Factor Cap. Adj. factor due to Impeding mvmnt Movement Capacity 1724 1371 132 187 1~00 1.00 0.96 1.00 127 187 Part 2- SecOnd Stage Conflicting Flows Potential Capacity Pedestrian Impedance Factor Cap. Adj. factor due to Impeding mvmnt Movement Capacity 685 879 467 347 1.00 1.00 0.98 0.96 456 334 Part 3- Single Stage Conflicting Flows Potential Capacity Pedestrian Impedance Factor Maj. L, Min T Impedance factor Maj. L, Min T Adj. Imp Factor. Cap. Adj. factor due to Impeding mvmnt Movement Capacity 2409 2250 28 32 1.00 1.00 0.96 0.96 0.97 0.97 0.95 0.97 27 31 Result for 2 stage process: a 0.95 0.95 Y 0.24 0.52 C t 116 155 Worksheet 10 delay, queue length, and LOS Movement 1 4 7 8 9 10 11 ,62003 i v (vph) 457 C m (vph) 0.04 v/c 9 g~- queue length ( rol Delay 13.2 B' LOS 9 9 155 372 0.06 0.02 29.5 14.9 D B 22.2 Approach Delay ' C Approach LO~ ............................................. · ...................................... DEC 1 61~)-~33 I I I BELLA LAGO ENVIRONMENTAL IMPACT STATEMENT July 2003 Revised August 2003 Revised September 2003 Prepared For Coastal Engineering And Gates McVey-Knopke, LLC 3106 S. Horseshoe Drive Naples, FL 34101 Prepared by EarthBalance (Formerly Florida EnvironmentaO 2579 North Toledo Blade Boulevard North Port, FL 34289 DEC 1 6~0~ I I I I I I I I I I I I I I BELLA LAGO ENVIRONMENTAL IMPACT STATEMENT July 2003 Revised August 2003 Revised September 2003 Prepared For Coastal Engineering And Gates McVey-Knopke, LLC 3106 S. Horseshoe Drive Naples, FL 34101 Prepared by EarthBalance (Form erly Florida En viro/t n, ental) 2579 North Toledo Blade Boulevard North Port, FL 34289 AGE:NI:)A IT'~ DEC 1 6 2003 ~. gO EDUCATION M.S., Resource Development, M/ch/gan State University B.S.A., Resource Economics and Environmental Studies, University of F/or/da LICENSES/CERTIFICATIONS Water Quality Assessment Certification Certified Pesticide Applicator Trainer Certified Master Naturalist Instructor SPECIALIZED TRAINING Irrigation System Design Service Center Training Hydraulics Training AFFILIATIONS Florida Association of Environmental Professionals SW Florida Watershed Council, Natural Resources Committee Florida Association of County Agricultural Agents Lee County SEEC (Science and Environmental Education Coalition) Association of Natural Resource and Extension Professionals Conservation 2020 Natural Resources Committee Lee County Speaker's Bureau AREAS OF SPECIALIZATION Natural Resource Management, Planning, and Economics Aquascaping; Water Conservation; Irrigation Design and Evaluation Native Plants and Xeriscaping Exotic Removal and Wetland Functions m m DACKGROUN D Shannon Ruby is consulting, natural experience includes SHANNON RUBY Biologist an experienced biologist with 8+ years in environmenta' resource management, and ecosystem restoration. He land management and stewardship, FCT grant application writing, project planning and management, environmental regulation, monitoring, wetland valuation, water quality and quantity monitoring, and wildlife relocation. She is an accomplished trainer, technical researcher, writer, and presenter. Ms. Ruby has received specialized training in irrigation system design and hydraulics, is certified in water quality assessments, and is a certified pesticide applicator trainer and Master Naturalist instructor. Ms. Ruby holds a M.S. degree in Resource Development and a B.S.A. degree in Resource Economics and Environmental Studies. EXPERIENCE AND ACHXEVEMENTS Wetland Permitting~ Monitoring and Compliance Provides environmental services to project engineers; acts as authorized agent to obtain permits from SFWMD, DEe, and ACOE for residential development and commercial and recreational facilities. Conducts surveys to maintain compliance with environmental conditions of state, federal, and local permits. Land Management/Stewardship Plans Works with local, state, and federal 'agencies to compile management goals and strategies for sound land management practices on several sites. Has educated landowners and professionals on management plan writing. Prepares land management plans. Ecosystem Restoration Designs and constructs small ponds; replants wetlands and lakes. Knowledgeable in planting densities and spacing; consults on proper plantings and pond/lake management; supervises crews and assists with marketing and education. RELATED EXPERZENCE Natural Resources/Agriculture Agent I:[, (Associate Professor) University of Florida~ Lee County Extension Servicex Fort Myers~ FL · interpret and deliver relevant educational information to the citizens of Lee County, with emphasis on efforts to ensure the application of this knowledge; major field of work in Natural Resources and Agriculture. Provide leadership and coordination to the total county effort in these areas. · Conduct educational programs to help people learn and use findings of science and technology. Determine the educational needs, establish objectives, design and implement plans, and evaluate results to account for accomplishments. Develop an on-going understanding of the county, its changes, and current needs with regards to the specific program areas. Collaborate with other agencies and private sector to assist in programming and obtaining information; obtain grants and in-kind contributions. Consult with clients extensively (phone or field visit) to answer questions with science-I~ased information. Mobile :Irrigation Lab (MIL) Coordinator, 1997 to December 1999 Lee $oil and Water Conservation D/strict, North Fort Myers, FL Oversee all operations of the Mobile Irrigation Lab for Lee County under the Lee Soil and Water Conservation District Board and the South District. Evaluate irrigation efficiency, collect field water holding capacities, and perform water tests. Ed~ interviews, and write news articles. ,, :ate~e 2oo I I i I I I i I I I I [arth Balance EDUCATION B.S., Biology F/or/da State University, Ma~Fna Cum Laude AFFILIATIONS Florida Association of Environmental Professionals Phi Beta Kappa AREAS OF SPECIALIZATION Wildlife Surveying Wetland Monitoring and Mitigation Permit Compliance Wetland ]urisdiction Biological and Ecological Assessments Wetland Permitting Wildlife Permitting Gopher Tortoise Relocation PREVIOUS EXPERIENCE Biologist, Environmental (~ua//ty Laboratory AGENDA I~ DEC 1 6 2803 WADE R. WALTIMYER ~ranch Manager, Sen/o/- E/o/c~/$t BACKGROUND Wade Walt/myer has 8+ years experience in wildlife surveying, wetland monitoring and mitigation, permit compliance, wetland jurisdiction, biological and ecological assessments, supervision of native plant installation, wetland permitting, wildlife permitting, and gopher tortoise relocation. His responsibilities include fieldwork coordination, agency coordination, research, and project management. Mr. Waltimyer's experience includes habitat mapping and protected flora and fauna- surveys on over 50,000 acres of property in Polk, Highlands, Sumter, DeSoto, Sarasota, Charlotte, Lee, and Collier CoUnties. He managed all of these projects, which typically ranged in size from 2,000 to 14,000 acres. Projects included numerous large ranches, fringing saltwater systems, reclaimed mine land, and a variety of urban and suburban parcels. He also assessed over 1,250 acres of environmentally sensitive land for successful Florida CommUnities Trust (FCT) grant funding. He is in constant contact with regulatory agencies and is completely knowledgeable of federal, state, and local environmental regulations. Mr. Walt/myer holds a B.S. degree in Biology. EXPERIENCE AND ACHIEVEMENTS Wildlife Permitting and Surveying Conducts field surveys for threatened or endangered wildlife to reveal the presence and/or densities of protected wildlife as per federal, state and local regulations; develops and obtains all necessary permits. Performs wildlife monitoring, surveying, and management planning for listed wildlife species. Supervises both manual and mechanical excavation of gopher tortoise burrowS; conducts necessary surveys and obtain permits for onsite relocation. Permit Compliance Conducts file reviews for compliance with state, federal, and local regulations and by Interface with client and regulatory agencies to resolve complianc~e issues. Have resolved compliance issues on 49 acres of wetlands at a Charlotte County vegetable farm, and at many subdivisions in Charlotte, Lee, and DeSoto Counties. Biological and Ecological Assessment~ Conducts preliminary environmental assessments to qualify the presence of threatened/endangered wildlife or vegetation for government requirements. Proposes options to clients when protected species or habitats are found. Wetland Mitigation Design Representative projects include 58-acres of freshwater marsh in St. Lucie County; a 26-acre dendritic marsh in Broward County; a 23-acre marsh restoration in Sarasota County; a 10-acre marsh in Hillsborough County; and a project with 100+ acres of mitigation including upland and wetland enhancement areas. Wetland Permitting, Monitoring/and Mitigation Works with project engineers and obtains permits from SWFWMD, SFWMD, DEP and USACOE for residential development, commercial and recreational facilities, agricultural projects and mines. Performs required wetland monitoring and report generation to satisfy permit requirements; assesses existing mitigation for corrective actions such as replanting or re-grading. Wetland Jurisdiction Assists in delineation of wetlands for SWFWMD, SFWMD, U.S. ACOE, and local governments. Delineations are performed in the field and by use of aerial interpretations. Projects include a 8S-acre site in Charlotte County; 630-acre site in Collier County; 2,300-acre site in Sarasota County; 300-acre site in Manatee County; 250-acre site in Osceola County; 50-acre site in DeSoto County. Supervision of Native Plant Instal/at/on Designs or assists in the design of wetland mitigation projects; supervises the replanting of mitigation areas with native vegetation to achieve compliance with state and local regulations. Have supervised the replanting of 400 trees in Charlotte County and the replanting of 1,300 cypress trees in Highland County. I l I I I I I I I I I I I I I I I I TABLE OF CONTENTS TABLE OF CONTENTS LIST OF EXHIBITS APPLICANT INFORMATION DEVELOPMENT AND SITE ALTERATION INFORMATION MAPPING AND SUPPORTING GRAPHICS Native Habitats Herbaceous Rangeland Pine Flatwoods, Disturbed Vegetated Non-Forested Wetland, Disturbed Power Transmission Lines Topography Existing Land Use Soils Drainage and Development Plan IMPACT CATEGORIES - BIOPHYSICAL Air Quality Water Quality Physiography and Geology Wetlands Upland Utilization and Species of Special Status Marine and Estuarine Resources Noise PUBLIC FACILITIES AND SERVICES Wastewater Management Water Supply Solid Wastes Recreation and Open Spaces Aesthetic and Cultural Resources Monitoring SPECIFICS TO ADDRESS 2 4 5 5 5 5 6 6 6 7 7 7 7 8 8 10 11 13 13 13 13 14 14 14 15 15 DEC 1 6 2003 [- I I I I I I I LIST OF EXHIBITS Exhibit 1 - Affidavit of proof of authorized agent Exhibit 2 - General Location Map Exhibit 3 - FLUCCS Map Exhibit 4 - Topographic Map Exhibit 5 - Existing Land Use Map Exhibit 6 - Soils Map Exhibit 7 - Proposed Drainage Plan Exhibit 8 - Development Plan Exhibit 9 - Aerial Extent of Topographic Modifications Exhibit 10 - Gopher Tortoise Burrow Locations Exhibit 11 - Response from the Florida Master Site File Exhibit 12 - Basic Architectural and Landscaping Designs 3 DEC 1 I I I I I I I I I I (3.8.5.1) APPLICANT INFORMATION 1. EarthBalance, previously Florida Environmental, (Sub Contractor) Biologist, Shannon Ruby, prepared the Environmental Impact Statement (EIS) for Gates McVey-Knopke (owner) and Coastal Engineering (Agent). Shannon Ruby received a Bachelor of Science in Natural Resource Economics from the University of Florida and a Masters of Science in Resource Development from Michigan State University. Her six years of experience includes coordinating water conservation efforts for the Lee County Soil and Water Conservation District, representing the University of Florida-Lee County Extension Service as the A~cciculture and Natural Resources Agent, and currently working as a biologist for EarthBalance. Upon Ms. Ruby's departure from EarthBalance in May 2003, her supervisor, Wade Waltimyer, oversaw revisions to this document. Both resumes are attached. 2. The owners of the parcel, Gates McVey-Knopke, have appointed Coastal Engineering as their agent. The project manager for Coastal Engineering is Clayton Miller, P.E. Coastal Engineering is located at 3106 S. Horseshoe Drive, Naples, Florida 34104. The subcontractor responsible for the environmental work on site is Earth_Balance, (previously Florida Environmental) located at 2579 North Toledo Blade, North Port, Florida 34289. The project manager for EarthBalance is Wade Waltimyer. 3. An affidavit of proof of the authorized agent can be found in Exhibit 1. I I I I I (3.8.5.2) DEVELOPMENT AND SITE ALTERATION INFORMATION 1. The property is currently described as vacant residential. Developers are interested in rezoning and constructing a multi-family housing development. 2. The property site is located in Township 49 South, Range 25 East, Section 3. It begins at the northeast comer of section 3 and has a further legal description of S01Deg 37'17"E 1347.52FT, S 89 Deg 28'30"W 1090.57FT, N 06 Deg 46'20"E 134.76FT, S 83 Deg 3. The strap number is 492503 014.0004A03, however there is no site address for the property at this time. The property is located on Goodlette-Frank Road just south of ....... -Vanderbitt Beach Road, adjacent to'two utility water tanks.'- A genera1 tocation3r!apl can~ be seen in Exhibit 2. {3.8.5.3) MAPPING AND SUPPORT GRAPHICS 1. The site consists primarily of disturbed pine flatwoods invaded with melaleuca. There are also portions of disturbed open land. A small area has been categorized as: a wetland. This hydric area is 0.41 acre (Approximately 1.7% of the project site). A map of vegetative communities using the Florida Land Use Cover and Forms Cia, System (FLUCCS) is provided Exhibit 3. This site is considered to be turb el~-~s ,.- e °"~v I I I I I I I I I I i I I I I I of human activity, the invasion of exotic plant species, and changes in the surrounding land use. The project area is,approximately 24.21 acres. A .general location map is provided as Exhibit 2. 2. Native Habitats A field survey was conducted in August 2002 to identify and map native habitats and wildlife utilization on site, with special emphasis on protected species listed by state and federal agencies. Habitat identification is consistent with the Florida Land Use Cover and Forms Classification System (FLUCCS) and is provided as Exhibit 3. The survey for the project consisted of pedestrian surveys with over 12,000 feet of'transects across the site. Trained and experienced biologists conducted these on site events. Habitats on the Bella Lago parcel include herbaceous rangeland, disturbed pine flatwoods, disturbed non-forested wetlands, and electrical power transmission lines. The project site consists of 24.21 acres, of which 21.98 acres are predominantly native. Required preservation totals 25% of the native habitat, or 5.50 acres. Herbaceous Rangeland - FLUCCS 310 The herbaceous rangeland area consists of 0.78 acre. This area has little canopy and is dominated by sand cordgrass (Spartina bakeri), wiregrasses (Aristida spp.), sedges ( Cyperus ligularis), partridge pea (Chamaecrista fasciculata), saw palmetto (Serenoa repens), and sparse slash pine (Pinus elliottii). Pine Flatwoods, Disturbed -FLUCCS 411-1 This native habitat is the most abundant on site, covering 20.79 acres. Slash pine is the dominant species in this habitat. Other frequent species include saw palmetto, sand cord grass, sedges, and partridge pea. Common species include grapevine (Vitis rotundifolia), melaleuca (Melaleuca quinquenervia), and poison ivy (Toxicodendron radicans). Other vegetative species observed include common guava (Psidium guajava), rattlebox (Crotalaria spectabilis), cabbage palm (Sabal palmetto), earleaf acacia (Acacia auriculiformis), myrsine (Rapanea punctata), Brazilian pepper (Schinus terebinthifolius), and Australian pine (Casuarina equisetifolia). The area is described as disturbed because it has been invaded with exotic/invasive plant species and exhibits signs of human alterations. (Panicum repens), smartweed (Polygonum densiflorum), flat sedge (Cyperus surinamensis), perennial marsh fleabane (Pluchea rosea), Para grass (Brachi, melaleuca, star rush (Dichromena colorata), and poison ivy. Vegetated Non-Forested Wetland~ Disturbed - FLUCCS 640-1 This is the only native wetland community occurring on site. It consists of 0.41 acre and is located in the northern portion of the site. The wetland exhibited ponding but has been severely rutted due to traffic along a powerline easement. The most frequently observed vegetative species include creeping ox-eye (Wedelia trilobata), which is invasive, and the native frog-fruit (Phyla nodiflora). Other species observed include torpedo grass rio rnutico), DEC 1 2003 I I I I I I I I I I I I I I i I I I I Power Transmission Lines - FLUCCS 832 There are 2.23 acres of utility easements that are adjacent to Goodlette-Frank Road. The easement (dirt road) to the north of the site is not calculated in this figure. The utility road is part of the wetland system and is therefore included in the wetland acreage figures. The easement along the western border has been used in the past to access utility sub-stations. Part of this area has an old trail that was paved..The paved area is cracked and various grass species have grown in. For the most part this area has a sparse groundcover and may have been scraped at one time. 3. Topography The majority of the site is vegetated with disturbed pine flatwoods, melaleuca, and disturbed open land. A small wetland also exists on the property. The topography of the site is relatively flat. A slough once flowed to the east of the project. Development and human activity have altered the hydrology of the site. Berms have been constructed on the eastern and southern boundaries, and there is rutting throughout the property from off road vehicle activity. There are also small berms on the parcel that could have been used as fire breaks at one time. Utility easements have altered the northern and western edges of the site. Each of these factors have influenced and changed historic drainage patterns. The soils on the project site are primarily comprised of Immokalee fine sand, described in the county soil sur~ey as nearly level, poorly drained soils in flatwoods areas. The northeast corner contains Boca, Riviera, limestone substratum and Copeland fine sands, depressional. This wetland area was part of the historical slough that flowed to the east of the project site. The southeastern portion of the parcel contains Basinger fine sand. These poorly drained soils were also part of the slough that once existed. The topographic map can be seen in Exhibit 4. Elevations for this area are between 10 and 15 feet above sea level according to the USGS topographic map. 4. Existing Land Use The site is currently undeveloped and is being used for beekeeping and honey production. It appears that the site has been used by off road vehicles in the past. The site has been disturbed, but still contains fair quality pine flatwoods. The parcel is almost contained by developed parcels. Goodlette Frank Road and a utility easement edge the western portion of the property. The property wraps around a water utility plant that includes two large holding tanks to the northwest. A single-family residential development lines the eastern edge of the site. Finally, a multi-family residential development borders the southern boundary of the property. The 1995 land use map and surrounding areas can be seen in Exhibit 5. This map depicts the parcel as upland conservation area bordered to the east by urban area and to the west by industrial area. The industrial area is actually a power line easement that runs along Goodlette Frank Road, and can be seen in red. The parcel uth of the ro erty was deemed upland conservation but has been convertea, m a multi- s~o., , 'P P~ · -' ' --'~ "re to the northeast is shown as wetland 4onse~.,!T~.-~- amll nousm development banu ua ' ~, y g · [ ~__'-' ._~ 6 area that is contiguous with the proposed preserves within the project site. The exterior of the site is proposed as one contiguous preserve that will connect with adjacent preserves including the wetland preserve/creation area for tha Villas of Monterey to the east. I i I i / I 5. Soils As previously stated, the soils on this site are primarily Immokalee fine sand. These soils are typical of the nearly level pine flatwoods that occur. Other soils include Basinger fine sand and Boca, Riviera, limestone substratum, and Copeland fine sands, depressional. These soils, consistent with sloughs and depressions, edge the property in the northeast and southeast corners of the site. The surrounding areas that contained these wet soils have been altered by development. Only the far northern portion of the site remains undeveloped. Still, a bit farther north, the construction of Vanderbilt Beach Road, which runs east to west, has altered histor/cal drainage into the undisturbed depressional soils to the north and the slough soils to the east and south of the project location. A soils map is included as Exhibit 6. 6. Drainage Plan The proposed drainage plan, including flow patterns, outfall and off-site drainage is provided as Exhibit 7. The proposed plan is to excavate a lake in the center of the development area and direct water flow into the lake. The outfall structure will be located west of the lake. Drainage will flow into an existing culvert that will divert water under Goodlette Frank Road and into a drainage canal (Pine Ridge Canal) on the west side of the road. Water will then flow north to the Cocohatchee River. 7. Development Plan The development plan, which includes a single construction phase, the service area of existing and proposed public facilities, and existing and proposed transportati9n network in the impact area is attached as Exhibit 8. The single-phase program will begin at the access point to the development from Goodlette-Frank Road. The service area of existing and proposed public facilities will be those existing facilities within a five-mile radius of Goodlette-Frank Road and Vanderbilt Beach Road. The existing transportation network will include Goodlette-Frank Road, Vanderbilt Beach Road, and Pine Ridge Road. (3.8.5.4) IMPACT CATEGORIES (3.8'5.4.1) BIOPHYSICAL 1. Air Quality The proposed development itself will not have lasting effects on air quality. This size of this development (24.21 acres) is not large enough to create significant change in level of air pollutants as defined by current regulation. The minimal impacts air I DEC 1 7 I I quality will come from the increased use of motor vehicles coming to and from the created residences. Therefore, the impacts on levels of air pollutants will have minimal effects on people in the area. The laws created by Collier County that limit the number of residences per zoning area and limit the number of persons per dwelling will regulate motor vehicle numbers. In addition, at least 25 percent of the native habitat will be preserved. Trees in this area along with trees incorporated into the landscape will help filter some of these pollutants. i I I I I I I I I I 2. Water Quality The proposed development will provide a storm water management system that will not result in pollution as defined by current regulations. By allowing development, the trend of dumping on site will be eliminated. There are no water uses that are restricted or precluded because of pollution levels resulting from this project. Stormwater treatment will be used to eliminate pollutants from flowing directly into groundwater sources. This treatment will reduce non-point source pollution coming from impervious surfaces. In addition, landscape needs and central waste facilities (i.e. dumpsters and recycling bins) will have minimal effects on water quality. Therefore, water quality stanciards should not be affected by this proposed project. Following laws and codes set forth by the State of Florida and Collier County Government will help minimize any impacts. For instance, trash receptacles will be placed on cement pads to minimize point source pollution, Landscaping will meet the criteria set forth by Collier County and will incorporate native, low-maintenance plantings to minimize the use of water and pesticides. Minimizing lawn areas will also reduce the need for fertilizers and pesticides. A centrally located stormwater pond should help recycle other nutrients and sediments that may flow from upland areas within the project boundaries. 3. Physiography and Geology a) The proposed development will exist on three soil types. The dominant soil type in the project area is Imrnokalee fine sand. These nearly level, poorly drained soils exist on flatwoods. The slope is between zero and two percent. The permeability is moderate and the water capacity is low. Under natural conditions, the seasonal high water table is between 6 to 18 inches for 1 to 6 months: During the drier months, the water table is below a depth of 18 inches and can recede to a depth of more than 40 inches during extended dry periods. . The remaining soil types make up less than 1% of the project area. The northeast comer of the project area contains Boca, Riviera, limestone substratum, and Copeland fine sands, depressional. These fairly level, very poorly drained soils are found in depressions, cypress swamps and marshes. The slope is between zero and one percent. The permeability is moderate, moderately rapid to moderately slow, and moderately slow, respectfully. The available water capacity is very low, low, and moderate, respectively. Under natural conditions these soils are ponded for six months or more each year. During other months the water table is within a depth of 12 inches and can recede 8 DEC 1 6 2003 I I i I I I i I to 40 inches during extended dry periods. The area containing these soils is used as an access area to a currently existing power line, and rutting has occurred over time. The final soil is located in the southeast corner of {he project site. Basinger fine sand is nearly level and poorly drained. It is found in sloughs and poorly defined drainage ways. Most of the areas containing these soils adjacent to the project site have al'ready been developed. The slope is between zero and two percent. The permeability of this soil is rapid and the available water capacity is Iow. Under natural conditions the seasonal high water table is within 12 inches of the surface. During other months, the water table is below 12 inches and can recede to more than 40 inches in extended dry periods. b) The aerial extent of proposed topographic modifications can be seen in Exhibit 9. A centralized stormwater pond will be excavated. This pond will be centrally located and all of the drainage will flow into this pond. The fill material will be used to meet building standards set forth in Collier County's Land Development Code. Topographic modifications will only be made in order to satisfy rules set forth in the Land Development Code. The minimum finished floor elevation will be at 13.3 feet NGVD and the minimum road crown elevation will be 12.0 feet NGVD. c) There is no natural barrier to storm waves or flooding currently in place. Therefore, there will be no removal or disturbance of these features. d) Historical drainage patterns appear to have occurred from the northwest to southeast; however, construction of nearby drainage ditches, roads, and development has altered the histor/cal flow. Though natural drainage still follows the historic pattern to some ex(ent, the developments to the east and south both have a large continuous berm topped with a cement wall that keeps drainage from leaving the site. Therefore, the water that does pool must simply infiltrate the soils below. The proposed development will route surface water to a centralized storrnwater pond located on site. Surrounding preserve areas will be maintained therefore, drainage patterns through the site will not be altered. The outfall structure will discharge water to the west under Goodlette Frank Road into a drainage canal that flows north to the Cocohatchee River (the historic drainage l~asin). e) The proposed development will create impervious areas on the site. Infrastructure will include an entrance drive, a circular road around the complex, a 3,600 square foot clubhouse with a swimming pool, parking for the clubhouse area, two lighted tennis courts with a parking area, eighteen two-story fourplex villas with driveways and walk'ways, and a sidewalk around the complex. These imperviOus surfaces will affect approximately 65% of the groundwater recharge area. However, the creation of the stormwater pond will allow for groundwater recharge of these areas while also providing water quality treatment. f) Annual draw down levels should not be significantly changed by the project. The project will be connected to a municipal water source that is subject to a water use permit will not allow for significant changes in drawdown. If irrigation wells are deerr ,,q necessary, they may alter the drawdown levels, however, these changes will be DEC I I I I I I I I I I I i I I I I temporary. The stormwater system will control water elevations close to existing ~oundwater elevatiofls. The average wet season water table will be at 9.5 feet NGVD. An average person uses 130 gallons of water per day inside the home. With 18 buildings containing 4 units each, and an average of 2.5 persons per dwelling, there would be 180 persons x 130 gallons of water/day = 23,400 gallons of water per day for"the entire development. The annual consumptive use rate would be 23,400 gallons per day x 365 days per year = 8,541,000 gallons of water per year. Since water will be supplied by Collier County Utilities, the indirect annual drawdown resulting from consumptive use would be insignificant due to the size of the development. g) There are no natural Water bodies on the project site. Discharge from the site will settle through drainage ditches. Therefore, the proposed use would not increase siltation. I 4. Wetlands a) The site contains a 0.41-acre degraded wetland situated in the northern portion of the site. The South Florida Water Management District has verified the wetland boundary. Using the Florida Land Use, Cover and Forms Classification System (FLUCCS), the wetland is deemed a vegetated non-forested wetland that has been disturbed. The area contains a dirt road that has been used to access the powerline easement. This road bisects the wetland and vehicle use has caused severe rutting. The road is part of the FPL easement and is used for service requirements. Frequently occurring vegetation includes the invasive creping ox-eye (Wedelia trilobata) and the native species frog fruit (Phyla nodiflora). Common species include smartweed (PoIygonum densiflorum), flat sedge ( Cyperus surinamensis), perennial marsh fleabane (Pluchea rosea), melaleuca (Melaleuca quinquenervia), slash pine (Pinus elliottii), para ~ass (Brachiaria mutica), and poison ivy (Toxicodendron radicans). Occasional species include torpedo grass (Panicum repens) and star rush (Dichromena colorata). The canopy is sparse and consists of slash pine and melaleuca. The midstory is also fairly open and consists of wax myrtle (Myrica cerifera) and young slash pine and melaleuca. The ~ound cover has moderate coverage consisting of the vegetation listed-above. The vegetation that occurs in the wetland has little wildlife value. These plants provide limited shelter and food sources for small amphibians, mammals, and does not provide significant habitat for wading birds. The function of this wetland is water attenuation and minimal wildlife habitat. As previously stated, rutting and the invasion of exotic plant species have degraded this wetland. Therefore, the values that may once have been associated with this wetland have been lost. b) The present seasonal high water levels and historical high water levels are difficult to define. During the site visit there were no drift lines, lichen lines, adventious rooting, or other biological indicators to indicate the high water levels. A second site visit (July 2003) revealed some ponding in the center of the wetland area after recent heavy rains. Therefore, the seasonal high water levels are near ground level and have been estimated at 9.5' NGVD. The soils are saturated during the rainy season, and shallow porn observed in some areas. Soils occurring here have moderate permeability. Dur 10 ng was _ .g th~C_,t~A DEC 1 t I I I I ! ! I I I I I I I dr/er months, the water table is within 12 inches ofti~e surface but can recede far below the land surface during extended dO, periods. Historical high water levels are difficuIt to determine. The lack ora mature canopy and biological ind~'cators, combined with the fact that much of this wetland has become a utility dirt road make it hard to determine the historical high water levels. c) The preset'ed wetland's hydroperiod will not be affected by development in the center of the site. The project design will preserve the natural slou~h area that exists in the northeast comer of the property as well as the entire penmen'er of the site. d) The wetland described above is the only wetland existing on the project site. This area will remain as part of the 25% of native habitat to be preserved. No impacts to wetlands or wetland functions will occur as a result of this project. e) The proposed project has been designed to minimize impacts to ~vetlands and other important environmental aspects. The wetland will be buffered from development activity, and no adverse effects will occur to the area. Since no wetland impacts are proposed, there should be no compensation required pursuant to the Collier County Growth Management Plan. f) The use of the road through the wetland by FPL is out of the control of the applicant, and it is presumed that the easement will continue to be used for access by FPL. 5. Upland Utilization and Species of Special Status a) The proposed development site consists mainly ofupland areas. Of the 24.21 acres to be developed, 23.8 acres are upland areas. Upland h:~bitats on the parcel include herbaceous rangeland, disturbed pine tatwoods, and ::tility easement. The herbaceous rangeland area consists of 0.78 acre. Fhis open area is dominated by herbaceous vegetation including sand cord~rass, '.viregrasses, sedges, and partridge pea. Some saw palmetto is present as well, and ~he canopy consists of sparse slash pine (?i~us elh'ottii). The most abundant native habitat is the disturbed pine flatwoods covering 20.79 acres. Slash pine is the dominant canopy species in this habitat. Subdominant trees inclnde melaieuca, which is common, and cabbage palm, earleaf acacia, and Australian pine that are found occasionally. Saw palmetto (Serenoa repent?) dominates the midstory, and other species occasionally occurring include common guava, rattlebox, myrsine, and Brazilian pepper. Groundcover consists primarily of sand cordgrass, sedges, and parthdge pea. Grapevine and poison ivy are also commonly found in the understory. There are 2.23 acres of utility easements that are adjacent to Goodlette-Frank Road. This area along the western border has been used in the past to access utility sub-stations. As described previously, part of the easement consists of an old paved trail now be,coming overgrown with vegetation. There are occasional slash pines in the easement :ea, 11 DEC I 6 2003 I I I I I I I I I I I I I I I ! I I providing approximately 5% canopy coverage. The disturbed habitat within the easement does not contain si~ificant native habitat. Each of the habitats provide similar functions. Tt~e main upland function on this property is to provide wildlife habitat. These uplands provide food and shelter for birds, amphibians, small reptiles, and small mammals. During the rainy season, there may be sparse and occasional ponding that provides a temporary source of water for these animals. The uplands are also being used to house beehives that produce honey. At one time the uplands provided recreation for persons with off-road vehicles. Hunting may have also occurred on the property as tl.ere is evidence of what may have been a deer blind. b) The development area will affect 16.11 acres of uplands or 66% of the project site. Most of this impact will occur in the herbaceous rangeland, disturbed pine flatwoods and melaleuca areas, with the greatest disturbance to the pine flatwoods since it makes up a majority of the project site. By' developing these uplands certain functions ,,,,'ill be lost. The functions that will be impacted include providing food and shelter for wildlife species. c) The proposed project desig-n will minimize these impacts by maintaining 25% of the native upland habitat. There ,,,,'ill be a twenty-foot buffer around the project edge and a preser~'ation area that will be large enough to provide habitat for the animal species that are currently utilizing the site. The preserve areas are strategically located predominantly along the north and east portion of the site to incorporate the wetland area and provide a connection to adjacent preserves. Ail preserves onsite are connected along the perimeter of the site, allowing movement of animais around the site and to adjacent preserves. d) The biological communities found on the site are suitable for numerous species. Species protected by state and federal lax',' that have the potential to utilize these types of habitats include the gopher tortoise (Gopl~erus £ol>Them~s, Species of Special Concern), Eastern indigo snake (Dry'marct~,o~ ¢orais couperi, Threatened), Sherman's fox squirrel (,Sciurus niger shermani, Species of Special Concern), and red-cockaded woodpecker (?icoides borealis, Threatened). Listed plant species that have the potential to be found in these habitats include pine-woods bluestem (A~d~-opogo~ ~retatz~s), Curtis' milkweed (Asclepias curtissii), Fakahatchee burmannia (Burmanniafla¥'a), Florida pinewood privet (~©restiera segregata var pinetorum), Carter's large-flowered flax (Z. inum carteri smallii), cypress peperomia (?eperomia glabella), Fakahatchee ladies' tresses ($pirantl~es Ianceolata ~ar paludicola), and rain lily (Zept~yranthes simpsonii). Trained biologists following methodologies set forth by the Florida Game and Freshwater Fish Commission (now Florida Fish and Wildlife Conservation Commission) completed species inventories in August 2002. These methodologies require pedestrian transects to cover suitable habitat. A 100% survey for listed species was conducted. There were no listed plant species observed on-site. However, gopher tortoise burrows were observed. The FWC lists this reptile as a Species of Special Concern. A follow-up pedestrian survey was conducted in July of 2003 with no changes in gopher tortoise burrm 12 DEC lt 03 I i I I I I I I I I I I I I I locations. A total o£ eight active and six inactive burrows ',,,'ere observed. Please refer to the attached map for burrow locations. (Exhibit 10) Non-listed species observed and documented on-site include the mourning dove, blue jay, northern mockingbird, downy woodpecker, pileated woodpecker, red cardinal, black vulture, raccoon, great homed owl, yellow-shafted flicker, .American bittern, brown anole, and southeastern five-lined skink. e) To minimize the impact to the gopher tortoise (Gopherus polyRhemus, Species of Special Concern) the desi~ impacts only 5 of the 14 burrows. These 5 bun-ows will be excavated and any tortoises relocated to the onsite upland preserve. 6. Marine and Estuarine Resources There are no manne or estuarine resources found on-site. Therefore, there will be no impacts on these resources. 7. Noise a) During the construction phase of the project there will be changes in noise levels in the area. Noise levels can be expected to increase to levels consistent with the use of construction equipment generally utilized to create a typical multi-family development. These noise levels may exceed those levels as set forth in Collier County regulations. The noise increase wilt be generated during the day when most nearby residents are away from their homes. There ',,,rill not be increases in noise levels during the evening or nighttime hours. After the project has been completed there will be no increase in noise, day or night, which exceeds Collier County regulations. b) During the construction phase, noise will be minimized with the use of up-to-date equipment and with a landscape buffer around the perimeter. These same vegetation buffers will also help keep noises contained after the project has been completed. The post-project noise levels will not exceed Collier County regulations. (3.8.5.4.2) PUBLIC FACILITIES AND SERVICES 1. Wastewater Management There are currently no existing treatment facilities on site. This project will be connected to county utilities for water and sewer. The treatment facility has the capacity to deal with 13.5 million gallons per day and only 63% of this capacity is being used. Collier County uses secondary activated sludge treatment to treat wastewater. The degree of treatment is tertiary. There will be no new treatment facilities located on the project site. Liquid and solid effluents will be standard household wastes. These wastes will be treated for reuse. Mater/als that must be removed ti-om the system will be handled in accordance with standard operating procedures set forth by Collier County Uti tieS, i I I I I I I I I I I I I I i I I I I 2. Water Supply The proposed project will result in an incrc::~e in water use..According to statistics stated by the Southwest Florida Water Nianag~n-~c~xt Dxstrict, an individual uses an average of 130 gallons per day. With eighteen buildi;'~5,< ?~olding four units each, and an average of 2.5 persons per unit, there are a possible ~ '-': Te~'sons using 130 gallons of water each day. Therefore, the average potable w:~:e: ,]emand by the project will equal 130 X 180 = 23,400 gallons of water per da5'. In ad',!:~'~'~ ;~:mpotable water will also be demanded. This water supply will be used to irrigate landscaping found throughout the site. There are minimal areas of landscaping to be ::~ ~,¢:~.icd. It is estimated that the demand for nonpotable water will be 1,000,000 gali,>:-~5 ?er irrigation cycle to exceed no more than three cycles per week. The water used to su~pply these demands will come from surface and groundwater sources. The project s;~e ~< adjacent to a Collier County Utilities Water Storage and Pump Station and an existi:'~:; {':,tv ~fNaples ',,,'ell head. The proposed lake may be used to provide some of the non?.,~ta",le water supply. A surface water permit would be obtained prior to use of this water. Water flowing from the site will flow to this centralized lake, which will act as a stet:::".. :~t:r retention pond. This will allow' for nutrient cycling and the settling of sedin-:ems ti:at may flow into the lake after a rainfall event. This lake will then help to keep ,:c,:'~tar:tn:ants from leaching in to the soil and polluting ~oundwater sources. Ott-;cr ,. :orm,,vater pond, there ,,,,'ill be no other on-site treatment systems. Water bein~ ,::','~ts::~ with the use of a retention pond will fall within state and county standards. 3. Solid Wastes Waste generated during the construction pr~.?cess will be placed in ~vaste receptacles and taken to the county landfill. It is difficult :o estimate the average daily volume of solid wastes generated by the proposed ,-o '? ~!--'.,:ever, the Center for Resourceful Building (CRB) states that a new' single family hence creates 4 to 7 tons of waste. Using the higher end of that scale, it can be estimated t12:~t ',Se construction of this project will create 126 tons of solid waste. After project completion, solid wastes wiiI still be created. It is estimated that a person crea~es 4 pounc! "< vlid wastes per da','..Again using averages, there are 18 buildings with 4 units pc ..... ng, or 72 units, a~:d ~n average of 2.5 persons per household, resulting in 180 persons. If each person creates 4 pounds of solid waste, the project will create an average daily volume of 720 pounds of solid waste per day. The local collection company contracted by Collier County will pick up solid wastes. Recycling bins will also be provided to residents to encourage solid waste reduction. 4. Recreation and Open Spaces The new development will house approximately 180 people. These people will create a demand on nearby facilities. It is estimated that the demand for acreage and facilities will equate to < 1 acre. The size of this development is not large enough to reach ae A$~ArI't~ thresholds set forth by the Collier County's Growth Management Plan which 14 1.~.8 DEC PS. I I I I ! I I acres of community park area per 1000 i"~rsons. The developer has not donated any public park/recreation land for this proiect due to its size. The developer will provide a clubhouse for activities, a swimming pool, sidewalks, and two lighted tennis courts for use by the residents. These amenities ~,,, i!i help minimize the impacts on outside facilities. The parcel to be developed '~v'.~s privately owned prior to the planned development and has not removed public recreation lands from inventory. There is also no conflict and or blockage of access to public beaches or waters. The proposed project does include a 3.87-acre lake as part ot't!~e stormwater plan. This lake will be created and fulfill requirements set forth in Co:i;u'r County Land Development Code. The developer will manage the lake until n::'-::ngement can be turned over to a homeowners' association. The lake will be manatee! ~s a stormwater pond and wildlife area, but will not allow for active recreational opporxunities. 5. Aesthetic and Cultural Factors The Florida Master Site File catalogues ~storicatly significant parcels of land. The Division of Historical Resources was c,..~'~tacted in August 2002 to determine if historical or archaeological surveys had been per,"(~z'ned on the project site. The Florida Master Site File lists no previously recorded c ,:,:~ral resources on the parcel or within Section 3, Township 49S, Range 25E. Therefo~. "c'.:Itural resources will be impacted by the proposed development. The response ' _':~er from the Florida Master Site file can be found in Exhibit 11. In addition, Ra. :>~':ioxvs, Chief Planner for Collier County was contacted with regard to historical sio: "':~nce. Basect on the information given, the site is located outside ora desi~o~nated arc:: -:~'i~-aeological probability and not deemed to be a significant historical site. There are no known historic or design. Therefore, the site design is of the site. In addition, there are no would require preservation. The basi.z in the PUD document. ;ical sites with relation to the proposed project !tvant to the historic/archaeological integrity :nding natural scenic features on the site that . :~itectural and landscape designs are explained 6.3,'lonitoring There will be no monitoring conduc:~ gopher tortoises, trained biologists the prese~,e areas. This will ensure tortoises is performed properly. :mn~ construction. In addition, ,,',,hen relocating on-site to assist and oversee the relocation into .xcavation of the burrows and movement of the A five year monitoring program that '~ ~l consist of semiannual monitoring events with a written armual report that will documer~t the conditions of the onsite preserve areas. Exotic removal will be preformed by' 'A to ensure that preserve areas have < 5% exotic coverage. The South Florida Water Management [District (SFWMD) may require monitorin~g for the Environmental Resource Permit. T!'..i ::n~it will conform to state water certif :atior~},',;~. I I I I I I I I I I I I I I I I I I i and ~eneral conditions that often require monitoring of storm water systems. No environmental monitoring is anticipated to be required by the SFV~ .'2viD. Collier County requires littoral shelf plantings in stormwater/retention ponds. The County may require monitoring for the establishment of these littoral plants. (3.8.6) SPECIFICS TO ADDRESS General The proposed development has been designed to fulfill the requirements of the Land Development Code and Growth Management Plan of Collier County. This project will maintain 25% of the natural vegetative communities that currently exist while removing vegetation that is considered nuisance, invasive, andJor exotic. By preserving land, much of the wildlife value can be maintained. This preservation will also add to aesthetics. Additional native landscaping will also enhance aesthetics and provide habitat for smaller wildlife. The use of native and ornamental plantings will enhance the landscape while keeping the site more consistent with "natural Florida." The project also preserves the wetland area, assisting with "no net loss" goals set by the federal government. Cultural resources do not exist on the property and therefore will not be affected. Other environmental considerations taken into account in the planning and design of the proposed project were the listed gopher tortoises. The design process considered the location of existing gopher tortoise burrows, and the proposed site plan avoids as many burrows as possible. The burrows that cannot be avoided will be excavated and the gopher tortoises will be relocated on-site. The largest environmental impact will be the loss of disturbed pine flatwoods. In order to develop the site, many of the existing trees will need to be removed. Maintaining at least 25% of the native habitats on-site will minimize the impact. To minimize environmental impacts, the site was reviewed and plans were created and adjusted to determine the appropriate course of action. For instance, the original plan had the preserve areas ih various portions of the site, including an island in the middle of the retention pond. The gopher tortoise map was then used as an overlay and a new design was proposed to provide more suitable habitat for these species and other species observed on site. In addition, the original stormv,,ater plan was redesigned to eliminate any potential drainage problems. Stormwater will now be diverted to the ,,vest into a drainage canal that is not being utilized at full capacity. Development options were clearly thought out and plans revised before a choice of action was determined. Immediate Short Term Impacts Displaced Wildlife Increased Noise Loss of Native Vegetation Increased Construction Vehicles in the Vicinity 16 t I I I I i I ! Immediate Long Term Impacts Displaced Wildlife Loss of Native Vegetation Hydrology and Drainage Patterns Increased Impervious Surfaces Increased Solid Waste Increased Water Demand Increased Traffic Irreversible and Irretrievable Commitments The loss of native vegetated upland communities. 17 AGEN(::)A DEC 1 6 200-~ I I I I I I I I I I I I I I I I I I I Exhibit 1 - Affidavit of proof of authorized agent I I AFFIDAVIT /, `james 3,lcVey, being first duly sworn, depose and say that I om a 50% owner of the property described herein and which is the subject matter of the proposed hearing,, that all the answers to the questions in this application, including the disclosure of interest information, ail sketches, data, and other supplementary matter attached to and made a part of this application, are honest and true to the best of our knowledge and belief I understand that the information requested on this application must be complete and accurate and that the content of this form, whether computer generated or CounO: printed shall not be altered Public hearings will not be advertised until this application is deemed complete and all required information has been submitted ' As property owner We/J further authorize Coastal Engineering Consultants, Inc. representative itt cmy mrttters regarding this Petition. , erty Owner ?ff~s Mc ~'e) to act as my I I I I I The foregoing instrument was acknowledged before me this c'l f-I- day of,January, 2003, by _ 3 a Ox ~ C. ,Oixe. Ot~ )vho ispersonally kn~o me o~ ~ ~tS t'~~H' State of Florida County of Collier Application for Variance Petition - 6/24/02 (S gnature of Notary ruottc - 5t~d~ of Florida) (Print, Type, or Stamp Commissioned Name of Notary Public) DEC 1 6 ~0-~ I I I I i I I I .-! FFIDA VIT We. Matthew J. Knopke, David M. Kno?ke and Mark F. Knopke, as Trustees, being first duly sworn, depose and say that we are 50'?,? ,:~:~ ?:ers of the property described herein and which is the subject matter of the proposed hearir, 7, :;:~:,' ~:,'! the answers to the questions in this application, including the disclosure of interest i~:F>~-,:¢:rion, all sketches, data, and other supplementary matter attached to and made a part off ,:/:is ~?£lication, are honest and true to the best of our knowledge and belief We understami ~,:::,~ :;:~' information requested on this application must be complete and accurate and that the c, ,;~: '~: , ,r'rhis form, whether computer generated or Coun~ ,~:~,~ ~,~s will not be advertised until this application is printed shall not be altered. Public '"' ~ deemed complete, and all required z'/~/~, ~?:~::~e,'z h~s been submitted. As property owner We further author',? ('~,,L~'tal Engineering Consultants, Inc. to act as our representative in any matters regar~ Signature of Property Owner 3[atthew J. Knopke ~Signatur~e of Property Owner 3,Iark F. Knopke i Signature of Property Owner David 3~L Knopke The foregoing instrument was acknowied,~ed before me this /qf:['- . day of Jam, ary, 2003, by ~, - '~- ?~')/~vho is ?~'r_~'~.,,xdJv known to me or has produced I as identification. I I I I I State County of Application for Variance Petition - 6/2 02 (Print, Type, or Stamp Commissioned ~,ot'm&~rrt~ ~(ne of Notary Public) ~ NOTARY PUBLIG ~~ ~ JoEllenTiern~ ~ OEO I 6 2023 Exp. Date//'/~'~ ~ STATE OF KANSAS ,, I I I I i I I I I I I I I The fiqreg?iqg instrument wos c~c/cnow/cd~,cd before me this ]_~ day of January, 2003 by as idenQfic~tion. State of ~ County of Name of Notary Public) NOTARy' PUBL/C Jo Ellen T~emev ,.- ,,ar- r'~NSAS The foregoing instrumen, t was acknowled,~cd before me thix _iq day . ~r~ ~ ~~ who is pc~,,'~,-onally &own to~e ~r has produced State of County of.. (Print, Type, or Stamp Comthissioned Name of Notary Public) NOTARY PUBLIC Jo Ellen Ti,,e/r.._n~..)~ 5 lATE OF KANSAS Application for Variance Petition -6/24/02 DEC 1 6 2003 I I I I I I I I I I I I I I I I I I I Exhibit 2 - General Location Map DEC 1 6 2003 Park, 1000 Meters ,, Local Road --~- Ma~or Connector ~ Stere Route Trail ~ US Highway ; "" Railroad ~I-.DATE: 07-16-03 ,'ILE: Final (Location) PROJECT NO: S02092 SCALE: NA ' LR~gent : ~Fou. - ,SeaSons ~L i.'41 ater~ide ~hoPS~ I ~ _'._ , . ; -- '---~ 851 I ' I Project Location-J . 31 Tiburon Golf Club - North/South '31 : Af :P~,li ,c~n__Ba_,y - ross~adsM, arket i:;ii~E RIC~E RD BELLA LAGO Location Map EXHIBIT 2 2579 Norfh Toledo Blode Blvd. Norfh Pod, FL 34289 Tel (.941) 426-7878 Fax (941) 426-8778 www.earfhbolance.com I I I I I I I I I I I I I I I I I I I Exhibit 3 - FLUCCS Map 110 Residential Low Density 120 Residential Medium Density 310 Herbaceous Rangeland (0.78 AC.) 411-1 Pine Flatwoods (20.79 AC.) 640-1 Vegetated Non-Forested Wetland Disturbed (0.41 AC.) 814 Roads 832 Power Transmission Lines (2.23 AC.) 833 Water Supply Plant Total Acres = -24.21 AC. Total Native Habitat (21.98 AC.) Required Native Preserve @ 25% (5.50 AC.) Property Boundary FLUCCS Boundary DATE: 09-08-03 c!LE: Final (Fluccs) PROJECT,,NO: S02092 ALE: 1 =200' BELLA LAGO FLUCCS / Habitat Ma EXHIBIT 3 0 50 DEC ~00 Toledo Blode Blvd. Pod', FL 54289 426-7878 426-8778 ~.earfhbalance.com I I I I I I I I I I I I I I I I I I I Exhibit 4 - Topographic Map DEC 1 ~ OATE: 07-16-03 FILE: Final (topo) PROJECT NO: S02092 SCALE: 1"=200' Topographic Ma BELLA I_AGO EXHIBIT 4 50 100 AGF_NOA DEC 162103 579 Nodh Toledo Blade Blvd. NoHh Pod, FL 34289 Tel (941) 426-7878 Fax (941) 426-8778 www,eadhbalance.com I I I I I I I I I I I I I I I I I I I Exhibit 5 - Existing Land Use 1Map Ul~ lili ,_'.,~ Url~n "'1 ! J;~ATE: 07-16-03 ,~E: Final (Land Use) PROJECT NO: S02092 ~ SCALE: NA BELLA LAGO Existing Land Use Map EXHIBIT 5 DEC 16 2003- 2579 Nor'ih Toledo Blad® Blvd. North Port, FL 54289 Tel (.941) 426-7878 Fax (941) 426-8778 www.earfhbalance.com I I I I I I I I I I I I I I I I I I I Exhibit 6 - Soils Map ~E: 07-16-03 ,-ILE: Final (Soils) PROJECT NO: S02092 SCALE: NA BELLA LAGI SOILS MAF EXHIBIT 6 2579 North Toledo Blade Blvd. North Port, FL 34289 Tel (,941) 426-7878 Fax (941) 426-8778 www.ear~hbalance.com I I I I I I I I I I I I I I I I I I I Exhibit 7 - Proposed Drainage Plan AOEM:)A n"~'.~,d DEC I 6 200~J O^DN ,0'6 = .~. ./ DEC NO.: I I I I I I I I I I I I I I I I I I I Exhibit 8 - Development Plan A~.~ rr~ OEC 1 6 200~ .~. //~ I ~ °o ooo~ g Z ~l~~ ~ 2> 2003 I I I I I I I I I i I I I I I I I I I Exhibit 9 - Aerial Extent of Topographic Modifications DEC I 6 2003 I I b /// ~o~ l /// DEC 1 2003 I I I I I I I I I I I I I I I I I I I i;ixhibit 10 - Gopher Tortoise Burrow Locations DEC I 110 Residential Low Density 120 Residential Medium Density 310 Herbaceous Rangeland (0.78 AC.) 411-1 Pine Flatwoods (20.79 AC.) 640-1 Vegetated Non-Forested Wetland Disturbed (0.41 AC.) 814 Roads 832 Power Transmission Lines (2.23 AC.) 833 Water Supply Plant Total Acres = -24,21 AC. Total Native Habital (21.98 AC.) Required Native Preserve @ 25% (550 AC.) Property Boundary FLUCCS Boundary DATE: 07-16-03 LE: Final (GT Ex) PROJECT NO: S02092 SCALE: 1" = 200' BELLA LAGO Gopher Tortoise Gurrow Locatio, EXHIBIT 10 0 50 !00 80 2579 2003~. Jr~,x )~) /ww. Toledo Blade BNd. rL $4289 B 426-8778 ~om I I I I I I I I I I I I I I I I I I I Exhibit 11 - Response from the Florida Master Site File DEC 162~3 FLORIDA DEPARTMENT OF STATE Katherine [-lards Secretary cf Slate D~'ISION OF HISTORfCAL RESOURCES August 30, 2002 ..Nfs. Shannon Ruby Floxida Environmenta. 12730 Commonwealth DrUnit 1 Fort Meyers, Fl 33913 Fax: 239-22543032 m i Dear Lis. Ruby: in response to your inquiry of A~§u~.t 26, 2002. the Florida Master Sit.'. File lists no previously recorded cultural resourcc~ in the following parcels: T49S, R25E. Section 3 l i l l I I tn interpreting the results of our search, please remember the following points; Areas which have not been completely surveyed, such as yours, may contain unrecorded archaeological sites, unrecorded blstoricaily important structures, or both. As you may knox-,-, state and federal laws require formal environmental review for some projects. Record search es by the staff of the Florida Master Site File do not constitute such a review of cultural resources. If your project falls under these laws, you should contact the Compliance Review Section of the Bureau of Historic Preservation at 850- 245-6333 or at this address. Sincerely, Data Analyst, Horida Master Site File Division cf Historical Resources R. A. Gray Building 500 South Bronough S=¢et Tallahassee, Florida 3239943250 Phone: 850-245-6'440 State. SunCom: 205-6440 Fax line: gS0-2Z5-6439 Err. ail: /,,.xfile~,~WmaiL dos.stare~7. ~ Web: http.'//,a,v~4,, dos. state.Jl te/dh r/ms..f/ I I 500 S. Bronough Street · Tallabassee, FL 32399-0ZS0 , http://wwn'.flherhage.com 121 Dir~cror'~ Office ~ A~h~ological Re~earch ~ tli~toNc Pre~em'ation ~ Hista~cal blu~e~,a (agc) 245-6500, FAX: 245-~35 (550) 2~ · F&K: 245~35 (SS0) 245-6333 · ~AX: 245~37 (8~ ~5~, FAX: 24~33 '~ St. Aug-u,rin¢. Re~io~al Office Tampa Reg~ot~a! O; Shannon Ruby :rom liov.,,s r [RayBellows@co!iiergov.nel] T~); ' Sh;nn~o,n Ruby Subject RE his,orical/Archaeological Probability Map 5;5 Base:i c.n- ~he'~n~ormas~on ~sov~dedi-Lhe--ssb}ect--siXe-~s--Located--outs{de-a desz~;;ated area s,f archaeological probability aha in not deemed to be a slgnificanE hisEoricat site. , if ~ have anz o~her questi~r,s, please do not hesitate to ask Pay Eeliows, Chief Planner · Curren~ .Planning Section ..... Original Messace ..... Prom: ~hannon Rub[ [mail~o:srubygearthbalance.com] Sent: .-!onday, Deck,er 16, 2002 4:00 PM To: ra ybel !owsgco!liergov. net histozical,/Archaelogical Probability Map I wc~k ~o~ an env~on~entai comoany ~hat is wo~k~ng on a pa~cei located t SectLzn 3 o~ Township ~95 ~n Section 25 ~ast. ?he owners a~e loo~ng a ~'~ ~s~es and asked me ro look ~nto this matte~. I have seen re az::. eStofth~s~ap, but cannot seem to find it on your web site. The co--on descrzzEien of the proper~y would be located just south of Vanderbilt Road on Goodlette-Frank Road (just south of the two water tanks and s ~r~ .~ ;=d by existing deve!oDment. If vcu cannot provide me with the locaEion of the map, cculd you please !et me know if this is in an area of .... ~ow s~cbability for historical or a~chaeologzcal szgnzfzcance. Ycur ~.-sistance is greatly appreciated. Thank you. ShanncnRuby BioLogist EarlhBa!ance 12730 Cor~onweatuh Orive, Uniu 1 ',232) 225-0033 ~r~' ''%E =~thBalance.com DEC 1 6 200 I 1 ! I I I I I I I I I I I I I Exhibit 12 - Basic Architectural and Landscaping Designs DEC 1~2~3 I I I I I I I I I I I I I I I AGEN )A OF~ 1 ~ ~003 I I i I ! LEMURIA (FORMERLY BELLA LAGO) ENVIRONMENTAL IMPACT STATEMENT SUPPLEMENT November 2003 Prepa 2 For Coastal Engineering And Gates McVey-Knopke, LLC 3106 S. Horseshoe Drive Naples, FL 34104 Prepared by EarthBalance (Formerly Florida Environmental) 2579 North Toledo Blade Boulevard North Port, FL 34289 LIST OF EXHIBITS Exhibit I - Affidavit of proof of authorized agent Exhibit 2 - General Location Map Exhibit 3 - FLUCCS Map Exhibit 4 - Topographic Map Exhibit 5 - Existing Land Use Map Exhibit 6 - Soils Map Exhibit 7 - Proposed Drainage Plan Exhibit 8 - Development Plan Exhibit 9 - Aerial Extent of Topographic Modifications Exhibit 10- Gopher Tortoise Burrow Locations Exhibit 11 - Response from the Florida - 'aster Site Fil~ Exhibit 12 - Basic Architectural and Landscaping Designs LIST OF ADDENDUMS Addendum 1 - Native Vegetation Requirement Adjustment 3 DEC of human activity, the invasion of exotic plant species, and changes in the surrounding land use. The project area isapproximately 24.21 acres. A general location map is provided as Exhibit 2. 2. Native Habitats A field survey was conducted in August 2002 to identify and map native habitats and wildlife utilization on site, with special emphasis on protected species listed by state and federal agencies. Habitat identification is consistent with the Florida Land Use Cover '~,md Forms Classification System (FLUCCS) and is provided as Exhibit 3. The survey for the project consisted of pedestrian surveys with over 12,000 feet of transects across the site. Trained and experienced biologists conducted these on site events. Habitats on the Belia Lago parcel include herbaceous rangeland, disturbed pine fiatwoods, disturbed non-forested wetlands, and electrical power transmission lines. The project site consists of 24.21 acres, of which 21.98 acres are predominantly native. Required preservation totals 25% of the native habitat, or 5.50 acres. (Addendum 1) Herbaceous Rangeland - FLUCCS 310 The herbaceous rangeland area consists of 0.78 acre. This area has little canopy and is dominated by sand cordgrass (Spartina bakeri), wiregrasses (Aristida spp.), sedges ( Cyperus ligularis), partridge pea ( Chamaecrista fasciculata), saw palmetto (Serenoa repens), and sparse slash pine (Pinus elliottii). Pine Flatwoods, Disturbed- FLUCCS 411-1 This native habitat is the most abundant on site, covering 20.79 acres. Slash pine is the dominant species in this habitat. Other frequent species include saw palmetto, sand cord grass, sedges, and partridge pea. Common species include grapevine (Vitis rotundifolia), melaleuca (Melaleuca quinquenervia), and poison ivy (Toxicodendron radicans). Other vegetative species observed include common guava (Psidium guajava), rattlebox (Crotalaria spectabilis), cabbage palm (Sabal palmetto), earleaf achcia (Acacia auriculiformis), myrsine (Rapanea punctata), Brazilian pepper (Schinus terebinthifolius), and Australian pine (Casuarina equisetifolia). The area is described as disturbed because it has been invaded with exotic/invasive plant species and exhibits signs of human alterations. Vegetated Non-Forested Wetland, Disturbed - FLUCCS 640-1 This is the only native wetland community occurring on site. It consists of 0.41 acre and is located in the northern portion of the site. The wetland exhibited ponding but has been severely rutted due to traffic along a powerline easement. (Addendum 1) The most frequently observed vegetative species include creeping ox-eye (Wedelia trilobata), which is invasive, and the native frog-fruit (Phyla nodiflora). Other species observed include torpedo grass (Panicum repens), smartweed (Polygonum densiflorum), flat sedge (Cyperus surinamensis), perennial marsh fleabane (Pluchea rosea), Para gra~ (Brachiaria mutica), melaleuca, star rush (Dichromena colorata), and poisor vy.~qo. 5 Power Transmission Lines - FLUCC~ ~32 There are 2.23 acres of utility easements that are adjacent to Goodlette-Frank Road. The easement (dirt road) to the north of the site is not calculated in this figure. The utility road is part of the wetland system and is therefore included in the wetland acreage figures. (Addendum 1) The easement along the western border has been used in the past to access utility sub-stations. Part of this area has an old trail that was paved. The paved area is cracked and various grass specie~ h~ve gown in. For the most part this area has a sparse groundcover and may have been scraped at one time. 3. Topography The majority of the site is vegetated with disturbed pine flatwoods, melaleuca, and disturbed open land. A small wetland also exists on the property. The topography of the site is relatively flat. A slough once flowed to the east of the project. Development and human activity have altered the hydrology of the site. Berms have been constructed on the eastern and southern boundaries, and there is rutting throughout the property from off road vehicle activity. There are also small berms on the parcel that could have been used as fire breaks at one time. Utility easements have altered the northern and western edges of the site. Each of these factors have :~,2~c~'~ced and changed historic drainage patterns. The soils on the project site are primarily comprised of Immokalee fine sand, described in the county soil survey as nearly level, poorly drained soils in flat ,~ods areas. The northeast comer contains Boca, Riviera, limestone substratum ar, d Copeland fine sands, depressional. This wetland area was part of the historical slough that flowed to the east of the project site. The southeastern portion of the parcel contains Basinger fine sand. These poorly drained soils were also part of the slough that once existed. The topographic map can be seen in Exhibit 4. Elevations for this area are between 10 and 15 feet above sea level according to the USGS topographic map. 4. Existing Land Use The site is cu, · '~" undeveloped and is being used for beekeeping and honey production. It appears tha, ,~c ~ ':e has been used by off road vehicles in the past. The site has been disturbed, but still contains fair quality pine flatwoods. The parcel is almost contained by developed parcels. Goodlette Frank Road and a utility easement edge the western portion of the property. The property wraps around a water utility plant that includes two large holding tanks to the northwest. A single-family residential development lines the eastern edge of the site. Finally, a multi-family residential development borders the southern boundary of the property. The 1995 land use map and surrounding areas can be seen in Exhibit 5. This map depicts the parcel as upland conservation area bordered to the east by urban area and to the west by industrial area. The industrial area is actually a power line easement that runs along Goodlette Frank Road, and can be seen in red. The parcel south of the property was deemed upland conservation but has been converted to a multi- family housing development. Land use to the northeast is shown as wetland co~ servat~l~o~3~ .... DEC 1 $ 2003 6 1,31 temporary. The stormwater system will control water elevations close to existing groundwater elevations. The average wet season water table will be at 9.5 feet NGVD. An average persor~ uses 130 gallons of water per day inside the home. With 18 buildings containing 4 units each, and an average of 2.5 persons per dwelling, there would be 180 persons x 130 gallons of water/day = 23,400 gallons of water per day for the entire development. The annual consumptive use rate would be 23,400 gallons per day x 365 days per year --- 8,541,000 gallons of w~ter per year. Since water will be supplied by Collier County Utilities, the indirect annual drawdown resulting fi.om consumptive use would be insignificant due to the size of the development. g) There are no natural water bodies on the project site. Discharge from the site will settle through drainage ditches. Therefore, the proposed use would not increase siltation. 4. Wetlands a) The site contains a 0.41-acre degraded wetland situated in the northern portion of the site. The South Florida Water Management District has verified the wetland boundary. Using the Florida Land Use, Cover and Forms Classification System (FLUCCS), the wetland is deemed a vegetated non--,'. ..... ~ed wetland that has been disturbed. The area contains a dirt road that has been used to access the powerline easement. This road bisects the wetland and vehicle use has caused severe rutting. The road is part of the FPL easement and is used for service requirc~nents. (Addendum 1) Frequently occurring vegetation includes the invasive creping ox-eye (Wedelia trilobata) and the native species frog fi-uit (Phyla nodiflora). Comm~::~ .vecies include smartweed (Polygonurn densiflorurn), flat sedge (Cyperus suri~.t~.~mensis), perennial marsh fleabane (Pluchea rosea), melaleuca (Melaleuca quinqt~e~'nervia), slash pine (Pinus elliottii), para grass (Brachiaria rnutica), and poison iv;,. -icodendron radicans). Occasional species include torpedo grass (Panic'urn repct~, ) and star rush (Dichromena colorata). The canopy is sparse and consists of slash ;_~i:~e and melaleuca. The midstory is also fairly open and consists of wax myrtle (Myrica cerifera) and young slash pine and melaleuca. The ground cover has moderate coverage consisting of the vegetation listed above. The vegetation that occurs in the wetland has little wildlife value. These plants provide limited shelter and food sources for s:nall amphibians, mammals, and does not provide significant habitat for wading birds. The function of this wetland is water attenuation and minimal wildlife habitat. As previo~ :~!V stated, rutting and the invasion of exotic plant species have degraded this wetland. ~ i~erefore, the values that may once have been associated with this wetland have been lost. b) The present seasonal high water lev'< is and historical high water levels are difficult to define. During the site visit there were no drift lines, lichen lines, adventious rooting, or other biological indicators to indicate the high water levels. A second site visit (July 2003) revealed some ponding in the c snter of the wetland area after recent heavy rains. Therefore, the seasonal high water levels are near ground level and have been estimated at 9.5' NGVD. The soils are saturated during the rainy season, and shallow ponding was observed in some areas. Soils occurring here have moderate permeability. Du ~' 10 DEC 1 6 2003 drier months, the water table is within 12 inches of the surface but can recede far below ~he land surface during extended dry periods. Historical high water levels are difficult to determine. The lack of a mature canopy and biological indicators, combined with the fact that much of this wetland has become a utility dirt road make it hard to determine the historical high water levels. c) The preserved wetland's hydroperiod will not be affected by development in the center of the site. The project design will preserve the natural slough area that exists in the northeast comer of the property as well as the entire perimeter of the site. d) The wetland described above is the only wetland existing on the project site. This area will remain as part of the 25% of native habitat to be preserved. No impacts to wetlands or wetland functions will occur as a result of this project. (Addendum 1) e) The proposed project has been designed to minimize impacts to wetlands and other important environmental aspects. The wetland will be buffered fi-om development activity, and no adverse effects will occur to the area. Since no wetland impacts are proposed, there should be no compensation required pursuant to the Collier County Growth Management Plan. f) The use of the road through the wetland by FPL is out of the control of the applicant, and it is presumed that the easement will continue to be used for access by FPL. 5. Upland Utilization and Species of Special Status a) The proposed development site consists mainly of upland areas. Of the 24.21 acres to be developed, 23.8 acres are upland areas. Upland habitats on the parcel include herbaceous rangeland, disturbed pine flatwoods, and utility easement. The herbaceous rangeland area consists of 0.78 acre. This open area is dominated by herbaceous vegetation including sand cordgrass, wiregrasses, sedges, and partridge pea. Some saw palmetto is present as well, and the canopy con§ists of sparse slash pine (Pinus elliottii). The most abundant native habitat is the disturbed pine flatwoods covering 20.79 acres. Slash pine is the dominant canopy species in this habitat. Subdominant trees include melaleuca, which is common, and cabbage palm, earleaf acacia, and Australian pine that are found occasionally. Saw palmetto (Serenoa repens) dominates the midstory, and other species occasionally occurring include common guava, rattlebox, myrsine, and Brazilian pepper. Groundcover consists primarily of sand cordgrass, sedges, and partridge pea. Grapevine and poison ivy are also commonly found in the understory. There are 2.23 acres of utility easements that are adjacent to Goodlette-Frank Road. This area along the western border has been used in the past to access utility sub-stations. As described previously, part of the easement consists of an old paved trail now becoming overgrown with vegetation. There are occasional slash pines in the easement ~a, n~o~,, ~ C~.~_r_$6___ [ 110 Residential Low Density 120 ResidentiaJ Medium Density 310 Herbaceous Rangeland (0.78 AC.) 411-1 Pine Flatwoods (20.79 AC.) 640-1 Vegetated Non-Forested Wetland Disturbed (0.41 AC.) 814 Roads 832 Power Transmission Lines (2.23 AC,) 833 Water Supply Plant Total Acres = -24.21 AC. Total Native Habitat (21.98 AC.) (Addendum 1) Required Native Preserve O 25% (5.50 AC.) Property Boundary FLUCCS Boundary DATE' 09-08-03 FILE: Final (Fluccs) PROJECT NO: S02092 SCALE: 1' = 200' BELLA LAGO FLUCCS / Habitat Map EXHIBIT 3 ~;:~' · .: 50 100 DEC Toledo Blade Blvd. Port, FL 3428g 426-7878 426-8778 / [ Pg. Z Z 110 Residential Low Density 120 Residential Medium Density 310 Herbaceous Rangetand (0.78 AC.) 411-t Pine Flatwoods (20.79 AC.) 640-1 Vegetated Non-Forested Wetland Disturbed (0.41 AC.) 814 Roads 832 Power Transmission Linea (2.23 AC.) 833 Water Supply Plant Total Acres = -24.21 AC, Total Native Habitat (21.9S Ac.)(Addendum 1) Required Native Preserve @ 25% (5.50 AC.) Property Boundary FLUCCS Boundary DATE: 07-16-03 FILE: Final (GT Ex) PROJECT NO: S02092 SCALE: 1' = 200' BELLA LAGO Gopher Tortoise Burrow EXHIBIT 10 0 50 lO0 1 30 DEC Toledo Blade Blvd. FL 54289 426-7878 426-8778 rlhbelanee.com Addendum 1 - Native Vegetation Requirement Adjustment The 0.02 acre FP&L utility easement within the jurisdictional wetland in the northeast comer of the property has been deducted from the existing predominant native area (21.98 acres to 21.96 acres). The 25% native vegetation requirement calculation for 21.96 acres is 5.49 acres of required native vegetation. AGF. NDA IT'~'~ ~ DEC 1 6 ~00~3~ ORDINANCE NO. 03- AN ORDINANCE OF THE BOARD OF COI'N'I'Y COMMISSIONERS OF COLLIER C'OUNTY, FLORIDA, ,~MENDING I}IE COLL1ER COUNTY LAND DEVELOPMENT CODE (ORDINAN('E NRJMBER 91-I02, AS AMENDED) WHICH INCLUDES THE CDMPREllENS1VE ZONING REGULATIONS FOR THE U,'NINCORPORATED AREA OF COLLIER COUNTY, FLORIDA BY AMENDING THE OFFICIAL ZONING ATLAS MAP NLJMBERED 9503N; BY CHANGING Tile ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPIr'iRT¥ FROM "A" RURAL AGRICULTURAL TO "pLrD" PLANNED UNIT D[~.VELOPMENT (PUD) FOR A DEVELOPMENT KNOWN AS THE LEMITRi.= ~'UD LOCATED ON THE EAST SIDE OF GOODLETTE-FRANK ROAD: (C.R. 851) NORTH OF ORANGE BLOSSOM DRP,"E; SOUTH OF V3, Nt)ERBILT BEACH ROAD (C.R. 862), AND zMDJACENT TO AND SOUTtt OF THE COLLIER COUNTY CcMR. ICA ROAD WATER STORAGE AND P['.\IP S['AT1ON IN SECTION 3, TOWNSHIP 49 SOUTH, RANGE 25 EAST, ('t3I I IER COUNTY, FLORIDA, CONSISTING OF 24.21 ACRES; AND PROVIDINt i _\N EFFECTIVE DATE. WltEREAS, Vincent A. Cautero, AICP, of Coastal Engineering Consultants, Inc., representing Gates McVcy - Knopke LLC, petitioned the Board of County Corem\.,,:, :,ers to change the zoning classification the herein described real property. NOW, THEREFORE BE IT ORDAINED by the Board oi (' .::,,ty Commissioners of Collier County, Florida. that: SECTION ONE: The zomng classification of the herein described real property !,,: ded in Section 3, Township 49 South, Range 25 East, Collier County, Florida, is changed from 'A' !(:i Agricultural to "PUD" Planned Unit Development in accordance with the Lemuria PUD Doc,~: ~ roached hereto as Exhibit "A" and incorporated by reference herein. The Official Zoning Atla~ '' ,, '.~tmbered 9503N, as described in the (%llier County Land Development Code (Ordinance 91-102, 2s i~ hereby amended accordingly. SE(TION TWO: [his Ordinance shall become effective upon filing with the IDcp~,~ ;:,v:~t of State. PASSED AND DULY ADOPTED by the Board of Coum3 ~. ummi~ioner's of Collier County, Florida, th'~s __ day of ,2003. BOARD OF COUNI 'x' !MISSIONERS COLLIER COUNTY. !:' ' [" fDA VH'EST: BY: TONI HENNING ~:~, lAN DWIGHT E. BROCK, CLERK .-\pproved as to Form ,~[.e gal Sutficiency Patrtck G. ~liite '\<sis\ant County Attorney :i DZ-2003-AR-3665/FRqo DEC 1 ,/3 S' LEMURIA A RESIDENTIAL PLANNED UNIT DEVELOPMENT REGULATIONS AND SUPPORTING MASTER PLAN GOVERNING LEMURIA, A PLANNED UN1T DEVELOPMENT PURSUANT TO PROVISIONS OF THE COLLIER COUNTY LAND DEVELOPMENT CODE PREPARED FOR: Gates McVey-Knopke, LLC PREPARED BY: Coastal Engineering Consultants, Inc. 3106 South Horseshoe Drive Naples, Florida 34104 DATE REVIEWED BY CCPC DATE APPROVED BY BCC ORDINANCE NUMBER AMENDMENTS AND REPEAL G:\Current~Reischl~PUDkLemuria FKA Bella Lago\PUD Doc 11-21-03 clean.doc No.: ~___~ DEC 1 6 2003 TABLE OF CONTENTS Page List of Exhibits ................................................................................. 3 Statement of Compliance ................................................................. 4 Section I Section II Section III Section IV Section V Section VI Property Ownership and Description ........................... 5 Project Development Requirements ............................. 7 Residential Areas Plan ................................................ 16 Recreation/Open Space ............................................. 20 Conservation Areas .................................................... 21 General Development Commitments ......................... 22 CSDocuments and SettingsXreischl_fXLocal SettingsXTemporary Internet Files\OLK17D'uR Supporting Master Plan Revised 11.24.03.doc DEC 1 6 2003 p~._ / ~O LIST OF EXHIBITS EXHIBIT A EXHIBIT B Boundary Survey Master Plan AO~iL~ ~ r~ DEC I 6 2003 C:~Documents and Settings~reischl_IXLocal Settings\Temporary Internet FilesXOLKl7DLRegs and 3 Supporting Master Plan Revised 11.24.03.doc STATEMENT OF COMPLIANCE The development ~)f approximately 24.21 acres' of property in Collier County, as a Planned Unit Development to be known as the Lemuria PUD shall be in compliance with the goals, objectives and policies of Collier County as set forth in the Growth Management Plan (GMP). The residential, conservation, and recreational facilities of the Lemuria PUD will be consistent with the growth policies, land development regulations and applicable comprehensive planning objectives of each of the elements of the GMP for the following reasons: The subject property is within the Urban Mixed Use District, Urban Residential Subdistrict Land Use Designation as identified on the Future Land Use Map as required in Objective 1, Policies 5.1, 5.3, 5.4, 5.5, and 5.6 of the Future Land Use Element (FLUE). The subject property's location in relation to existing or proposed community facilities and services permits the development's residential density as required in Objective 2 of the FLUE. 3. The project development is compatible and complementary to existing and future surrounding land uses as required in Policy 5.4 of .the FLUE. 4. Improvements are planned to be in co,,. ~liance with land development regulations as set forth in Objective 3 of the FLUE. 5. The project development will result in an efficient and economical extension of community facilities and services. The project development is planned to incorporate natural systems for water management in accordance with their natural functions and capabilities as may be required in forth coming regulations required by Objective 1.5 of the Drainage Sub- Element of the Public Facilities Element. The projected density of 2.97 dwelling units per acre is in compliance with the FLUE of the Growth Management Plan based on the following relationships to required criteria: Base density Density Band Activity Center Traffic Congestion Area 4.0 dwelling units per acre 0.0 dwelling units per acre 0.0 dwelling units per acr -1.0.dwelling units per acr{ Total Allowed 3.0 dwelling units per acr~ All final local development orders for this project are subject to the Colli Adequate Public Facilities Ordinance. AGENOA ITFI,~ DEC 1 6 2003 r Cqnt¥ / C:XDocuments and SettingsXreischl_fXLocal Settings\Temporary Internet Files\OLKl7D',Regs and Supporting Master Plan Revised 11.24.03.doc 4 SECTION I PROPERTY OgYNERNttlP AND DESCRIPTION 1.1 PURPOSE The purpose of this Section is to set tbrth the location and o'umership of the property, and to describe the ex~sring conditions of the property proposed to be developed under the project name ,~t~ the Lemuria PUD. 1.2 LEGAL DESCRIPTION The subject property, being '~ '~ ~-,t.-1 acres, is described in Exhibit A, Legal Description. 1.3 PROPERTY OWNERSHIP AND UNIFIED CONTROL The subject property is currently ,'.rqder the ownership of Gates McVey-Knopke, LLC. A. Gates McVey-Knopke, LLC. ~'~r ?b.e m~rpose of development within the PUD district, will control the properly :ribed hereifl?' All development will be performed in accordance with: 1. The PUD Master Plan of development officially adopted for the district; 2. Regulations and development standards as set forth in the PUD document and PUD Master Plan; 3. Such other conditions or modifications as may be attached to the rezoning of land to the PUD classification: ~tnd 4. The Collier County GMP.. B. Written agreements, contracts, deed restrictions, and sureties shall be provided to thc ',fy that are necessary tbr the completion of the development in accoru,nce vith the PUD Master Plan as well as for the continuing operation and maintenance of such areas, f'.mctions, and facilities that are not to be provided, operated or maintained at general Public expense. C. All successors in interest are bound by the commitments made under this PUD. C:"Documents and SettingsXa-eischl t2Local Settings\Temporary Internet FilesX, OLK17DX, Regs ar Supporting Master Plan Revised I ~24.03.doc ACI~NI:)A DEC 1 § 2003' ..:/%:3 1.4 GENERAL DESCRIPTION OF PROPERTY AREA A. The project site is located in Section 3, Township 49 South, Range 25 East. The project is located on the east side of Goodlette-Frank Road approximately 1,000 feet south of Vanderbilt Beach Road. B. The zoning classification of the subject property, prior to the date of this approved PUD Document was A (Rural Agriculture). 1.5 PHYSICAL DESCRIPTION The project site is located within thc Pine Ridge Canal Basin and flows north to the Cocohatchee River. Water management for the proposed project is planned to be of the lake detention type. The application for development approval includes a detailed analysis of the intended w:~ter management plan. Elevations within the project site range to 10.0 feet above mean sea level. Further, the seasonal high water table is wproximately 6 to 18 inches below the surface of the ground. The entire site is in [:l~od Zone X based on FEMA Firm Panel 120067 0381E dated August 3, 1992. The soils on this site are primarily lmmokalee fine sand. These soils are typical of the nearly level pine flatwoods ~hxt occur. Other soils include Basinger fine sand and Boca, Riviera, limestone substratum, and Copeland fine sands, depressional. These soils, consistent with sh,x,,i~s and depressions, edge the property in the northeast and southeast corners ,f the site. The surrounding areas that contained these wet soils have been altered ?,v development. Only the far northern portion of the site remains undevelopcc~. >~ill, a bit farther north, the construction of Vanderbilt Beach Road, which n~n~ east to west, has altered historical drainage into the undisturbed depressional soil., to the north and the slough soils to the east and south of the project locatiom A soils map is included in the environmental impact statement. 1.6 PROJECT DESCRIPTION The project will consist of the · ' ,ring uses: Residential, conservation, recreation and open space, a lake, and infrastructure. 1.7 SHORT TITLE This Ordinance shall be k:. ~, and cited as the "Lemuria Development Ordinance." C:XDocuments and SettingsVeischl_fXLocal Settings\Temporary Internet Files\OLKl7DXRegs a Supporting Master Plan Revised 11.24.03.doc Planned Unit DEC 1 ~. 2.1 PURPOSE SECTION II PROJECT DEVELOPMENT REQUIREMENTS The purpose of this Section is to delineate and generally describe the project plan of development, relationships to applicable County ordinances, the respective land uses of the tracts included in the project, as well as other project relationships. 2.2 GENERAL A. Regulations for development of the Lemuria PUD shall be in accordance with the contents of this document, PUD-Planned Unit Development District and other applicable sections and parts of the Collier County Land Development Code (LDC) and GMP in effect at the time of building permit application. Where these regulations fail to provide developmental standards, then the provisions of the most similar district in the County LDC shall apply. Co Eo Unless other,vise noted, the definitions of all terms shall be the same as the definitions set forth in Collier County LDC in effect at the time of building permit application. All conditions imposed and all graphic material presented ?icting restrictions for the development of the Lemuria PUD shall become part of the regulations that govern the manner in which the PUD site may be developed. Unless modified, waived or excepted by this PUD, the provisions of other land development codes, where applicable, remain in full force and effect with respect to the development of the land which comprises this PUD. Development permitted, by the approval of this petition will be subject to a concurrency review under the provisions of Division 3.15 Adequate Public Facilities at the earliest or next to occur of either final site development plan approval, final plat approval, or building permit issuance applicable to this development. The Lemuria PUD will be developed as a residential community featuring two family and multifamily residential buildings and a clubhouse providing for activities such as community gatherings, recreational amenities, and personal services, central to community residents. C:'tDocuments and Settings~reischl_thLocal Settings\Temporary Internet Files\OLK17D\Regs an Supporting Master Plan Revised 11.24.03.doc G. The PUD Master Plan is illustrated graphically as Exhibit B. A Land Use Summary indicating approximate land use acreages is shown on the plan. The location, size and configuration of the individual recreational areas, water management features and development tracts shall be determined at the time of final site development plan approval with minor adjustments at the time of final plan approval, in accordance with Sections 3.2.7 and. 3.3 of the LDC. H. The Lemuria PUD is compatible with and compk mentary to existing and future surrounding land uses as required in Policy 5.4 of the FLUE. 2.3 DESCRIPTION OF PROJECT PLAN AND PROPOSED LAND USES A. The layout of streets and use of land for the various tracts is illustrated graphically by Exhibit B, PUD Master Plan. There shall be four land use tracts, plus necessary water management lakes, street rights-of-way, the general configuration of which is also illustrated by Exhibit B. TYPE UNITS/SQ. FT ACREAGE TRACT A Residential 72 6.27 ACRES TRACTS B-1, B-2, B-3 Conservation -Wetlands N/A -Uplands N/A 0.39 ACRES 5.18 ACRES TRACTS C-l, C-2 Infrastructure -Roadway N/A -FPL/City of Naples Utility Easement N/A 2.77 ACRES 2.07 ACRES TRACTS D-l, D-2 Recreation/Open Space N/A 7.53 ACRES 24.21 ACRES C:kDocuments and Settingskreischl_tXLocai Settings\Temporary Internet Files\OLK17DkRegs ar Supporting Master Plan Revised 11.24.03.doc Areas illustrated as lakes by Exhibit B shall be constructed as lakes for water retention purposes. Such areas, lakes and intermittent wet and dry areas shall be in the same general configuration and contain the same general acreage as shown by Exhibit B. Minor modification to all tracts, lakes or other boundary may be permitted at the time of preliminary subdivision plat, plat or site development plan approval, subject to the provisions of Sections 3.2.6 and 2.7.3.5 respectively, of the Collier County LDC or as otherwise permitted by this PUD document. DEC 1 8 C. In addition to the various areas and specific items shown in Exhibit B, such easements as necessary (utility, private, semi-public, etc.) shall be established ~vithin or along the various tracts as may.be necessary. 2.4 COMPLIANCE WITH COUNTY ORDINANCES A maximum of 72 residential dwelling units, shall be constructed in the total project area. mo Regulations for development of the Lemuria PUD shall be in accordance with the contents of this PUD Ordinance and applicable sections of the LDC (to the extent they are not inconsistent with this PUD Ordinance) and the GMP which are in effect at the time of issuance of any development orders to which said regulations relate which authorize the construction of improvements such as, but not limited to, final subdivision plat, final site development plan, excavation permit, and preliminary work authorization. Where this PUD Ordinance does not provide developmental standards, then the provisions of the specific section of the LDC that is otherwise applicable shall apply. Where specific standards are specified in this PUD, these standards shall prevail over those in the LDC. Unless otherwise defined herein, or as necessarily implied by context, the definitions of all terms shall be the same as the definitions set forth in the LDC in effect at the time of development order application. C. Development permitted by the approval of this PUD will be subject to the Adequate Public Facilities Ordinance, Division 3.15 of the LDC. Do Unless modified, waived or excepted by this PUD, or by subsequent request, the provisions of all other sections of the LDC remain in effect with respect to the development of the land which comprises this PUD. mo All conditions imposed herein, or as represented on the Lemuria Master Plan, are part of the regulations which govern the manner in which the land may be developed. F° Division 3.3 of the LDC shall apply to the Lemuria PUD, except where an exemption is set forth herein or otherwise granted pursuant to Section 3.3.4. of the LDC. 2.5 RELATED PROJECT PLAN APPROVAL REQUIREMENTS C:~Documents and Settings~reischl_f~Local Settings\Temporary Internet Files\OLK17DXRees and Supporting Master Plan Revised 11.24.03.doc ~ A. Prior to the recording of a record plat, and/or condominium plat for all or part of the PUD, final plans of all required improvements shall receive approval of the appropriate Collier County governmental agency to insure compliance tPhUeD Master Plan, the Collier County subdivision code and the platting aWS OI ,. State of Florida. Exhibit B, PUD Master Plan constitutes the required PUD Development Plan. Subsequent to or concurrent with PUD approval, a preliminary subdivision plat, if applicable, shall be submitted for the entire area covered by the PUD Master Plan. Any division of property and the development of the land shall be in compliance with Division 3.2 of the Collier County LDC, and the platting laws of the State of Florida. Co The provisions of Division 3.3 of the Collier County LDC, when applicable, shall apply to the development of all platted tracts, or parcels of land as provided in said Division prior to the issuance of a building permit or other development order. The development of any tract or parcel approved for residential development contemplating fee simple ownership of land for each dwelling unit shall be required to submit and receive approval of a preliminary subdivision plat in conformance with requirements of Division 3.2 of the Collier County LDC prior to the submittal of construction plans and a final plat for any portion of the tract or parcel. Eo Appropriate instruments will be provided at the time of infrastructural improvements regarding any dedications and method for providing perpetual maintenance of common facilities. 2.6 MODEL HOMES AND SALES FACILITIES Model homes/model home centers including a sales center shall be permitted in conjunction with the promotion of the development subject to the following: One "wet" and one "dry" model may be constructed following SDP approval or administrative plat approval, prior to recording of a plat Project owner must apply for all models. The models permitted as "dry models" must obtain a conditional certificate of occupancy for model purposes only. The "wet" model may not be occupied until a permanent certificate of occupancy is issued. The "wet" model may be served by a temporary utility system with ultimate connection to the central system. Interior fire protection facilities in accordance with NFPA requirements are required unless a permanent water system is available. A water management plan must be provided which accommodates the runoff from the model home, parking, access road/driveway and other impervious surfaces. The system shall be designed and constructed so that it is integrated with the master system for the entire development. D. All other regulations pertaining to model homes shall be consistent wi 2.6.33.4 of the LDC. C:XDocuments and Settingsh'eischl_lXLocal Settings\Temporary Internet Files\OLK17DhRegs a~ Supporting Master Plan Revised 11.24.03.doc DEC 1 6 20O3 10 n. 2.7 AMENDMENTS TO PUD DOk't;Sii~;NF OR PUD MASTER PLAN Amendments may be made to the PUD as provided in Section 2.7.3.5. of the Collier County LDC. Minor changes and refinements as described herein may be approved by the Director of Zoning and Land Development Review, pursuant to Section 2.7.3.5.6 of the LDC in connection with any type of development or permit application required by the LDC. 2.8 COMMON AREA MAINTENANCE Common area maintenance will be ?rovided by a property owners' association. The Developer will create a properly owners' association or associations, whose functions shall include provision t0r the perpetual maintenance of common facilities and open spaces. The ?r,',?cr;y owners' association shall be responsible for the operation, maintenance, and management of the surface water and stormwater management systems and reserves serving the Lemuria PUD, in accordance with the provisions ,.~f C '!!ier County Ordinance 90-48 and Resolution 90-292, together with any appiic.,ble permits from the South Florida Water Management District. 2.9 ROADWAYS Roadways within the Lemuria PUD may be privately owned and maintained. Standards for roads shall be in c,,mpliance with the applicable provisions of the LDC regulating subdivisions, unless otherwise modified, waived or excepted by this PUD or approved during preliminary subdivision plat approval or site development plan approval. The rex ci,'.per reserves the right to request substitutions to Code design standards in accordance with Section 3.2.7.2 of the LDC. The developer retains the right to establish gates, guardhouses, and other access controls as may be deemed appropriate by the developer on all internal and privately owned and maintained project roadways. 2.10 LAKE b ~ ," ~.CK AND EXCAVATION The lake setback requirements described in section 3.5.7.1 of the LDC may be reduced with the administrative approval of the Collier County Zoning and Land Development Review Director. All lakes greater than two (2) acres may be excavated to the maximum commercial excavation depths set forth in Section 3.5.7.3.1 and subject to permit approval of the South Florida Water Management District. Removal of fill and rock from the Lemuria PUD shall be administratively permitted to an amount up to 10 percent per lake (20,000 cubic yar, '~ ,,,,qlt~..._¥1~_,._~0~..- unless issued a commercial excavation permit. ~ .. C:~Documents and Settingskreischl_ISLocal Settings\Temporary Internet Files\OLKl7D~Regs Supporting Master Plan Revised 11.24.03.doc and 11 2.11 USE OF RIGHTS-OF-WAY Utilization of lands within all project rights-of-way for landscaping, decorative entranceways, and signage shall be allowed subject to review and administrative approval by the Collier County Engineering Services Director for engineering and safety considerations during the development review process and prior to any installations. 2.12 LANDSCAPE BUFFERS, BERMS, FENCES, AND WALLS Landscape buffers, berms, fences and walls are generally permitted as a principal use throughout the Lemuria PUD. The following standards shall apply: A. Landscape berms shall have the following maximum side slopes: Grassed berms 4:1 Ground covered berms Perimeter 3:1 Internal t~ v, roject 3:1 Structural wat~c,,, cr~ns - vertical Bo Fence or wall maximum hei~i~t: Six feet (6'), as measured from the finished floor elevation of the nearest ~'~,qdential structure within the development. If the fence or wall is constructed ~ :~ landscaped berm, the wall shall not exceed six feet (6') in height from the r, ~ f berm elevation. Co Landscape buffers, berms. '.:taces and walls may be constructed within the landscape buffer tract alc:,~.,__ perimeter of the Lemuria PUD boundary prior to preliminary subdivision ?t:tt :tnd site development plan submittal. Do Fences and walls which arc ,~n integral part of security and access control structures, such as gatehouscs and control gates, shall be subject to the height limitations for principal residential structures. Any clearing or alteration in Conservation Tract B-l, B-2. r B-3 shall be in accordance with the regulations in Section V and in accord,~ ~,:e with preserve requirements in the GMP and LDC. Eo Pedestrian sidewalks and./" "~:e paths, water management systems, drainage structures, and utilities m~t': .',e allowed in landscape buffers. Where such structures or features are I~ ~ t in the required landscape buffer, the landscape buffer shall be increased i'~ · "h equal to the encroachment in that location. C:'d3ocuments and Settingsh'eischl_f~Local Settings\Temporary Internet Files\OLK17D~Regs and Supporting Master Plan Revised 11.24.03.&~c 12 2.13 FILL STORAGE Fill storage is generally permitted as a temporary (not to exceed 180 calendar days) principal use throughout the Lemuria PUD. Prior to stockpiling, the developer shall receive approval by the County Community Development and Environmental Services Administrator. 2.14 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 or control, as set forth in the LDC, Section 2.2.20.1. 2.15 GENERAL PERMITTED USES Certain uses shall be considered general permitted uses throughout the Lemuria PUD except in the Preserve/Open Space Area. General permitted uses are those uses which generally serve the developer and residents of Lemuria PUD and are typically part of the common infrastructure or are considered community facilities. A. General Permitted Uses: 1. Essential services as set forth under Section 2.6.9.1. of the LDC. 2. Water management facilities and related structures. 3. Lakes, including lakes with bulkheads or other architectural or structural bank treatments. 4. Piers with cabanas and cupolas 5. Guardhouses, gatehouses, and access control structures. 6. Community and neighborhood parks, recreational facilities. Sidewalks, with or without cupolas and benches. Temporary construction, sales, and administrative offices for the developer 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 2.9 of this PUD. 9. Fill storage subject to the standards set forth in Section 2.10 of C:'~Documents and Seningsh'eischl_f~Local Settings\Temporary Internet Files\OLK17DXRe Supporting Master Plan Revised 11.24.03.doc ^GENOA Ihis g~.D.-"- . t' ~'~ DEC 16 200'3- and 13 Pg. / Development Standards: Development standards are noted in Table 1. 2.16 OPEN SPACE REQUIREMENTS The Collier LDC requires that residential projects maintain open space at a minimum of 60 percent of the project area. The PUD Master Plan identifies preserves, lakes, recreation tracts, and buffers as open spaces. These areas, in conjunction with open 'space areas included within the Residential District, will satisfy the 60% open space requirements of Section 2.6.32 of the LDC for residential developments. 2.17 NATIVE VEGETATION RETENTION REQUIREMENTS Pursuant to Policy 6.1.1 of the Conservation and Coastal Management Element of the Collier County GMP, a minimum of 25 percent of the existing native vegetation on site shall be retained, which equates to 5.49 acres of native vegetation to be preserved. 2.18 SIGNAGE All signs will be in accordance with Division 2.5 of the Collier County Land Development Code in effect at time of their permitting. 2.19 SIDEWALKS/BIKEPATHS A. Pursuant to Section 3.2.8.3.17 of the LDC and Section 2.9 of the Lemuria .PUD, sidewalks/bikepaths shall be permitted as follows: An internal pedestrian walkway system is permitted within drainage easements. Sidewalks may be located outside platted rights-of-way, when located within a separate sidewalk easement. Sidewalks may be located within landscape buffers and/or easements; however, the landscape buffer shall be increased in width by an amount equal to the encroachment, at the point of encroachment. DEC 1 6 2003 C:XDocuments and Settingsh'eischl_fkLocal Settings\Temporary Internet Files\OLK17D\Regs and Supporting Master Plan Revised I 1.24.03.doc 14 2.20 SUBSTITUTIONS TO SUBDIVISION DESIGN STANDARDS Roadways within the Lemuria PUD shall be designed and constructed in accordance with Section 3.2.8 of the LDC with the following substitutions: 3.2.8.4.16 - Streets and access improvements Section 3.2.8.4.16.5, Street Right-of-Way Width If rights-of-way are platted, the minimum right-of-way width shall be forty (40) feet. Section 3.2.8.4.16.8, Intersection Radii Intersection radii: Street intersections shall be provided with a minimum of a twenty (20) foot radius (face of curb) for all internal project streets and a thirty-five (35) foot radius for intersections at project entrances. o Section 3.2.8.4.16.10, Reverse Curves Reverse Curves: Tangents shall not be required between reverse curves on any project streets. 2.21 DENSITY Acreage of the Lemuria PUD is approximately 24.21+/- acres and the number of dwelling units authorized to be built pursuant to this PUD is a · maximum of 72 units. The gross project density will be a maximum of 2.97 units per acre. C:XDocuments and Settings~reischl_f~Local Settings\Temporary Internet Files\OLKl7DLRegs Supporting Master Plan Revised ~ 1.24.03.doc and 15 3.1 3.2 SECTION III RESIDENTIAL AREAS PLAN PURPOSE,. The purpose of this Section is to identify permitted uses and development standards for areas within the Lemuria PUD designated on the Master Plan as Tract A, Residential. MAXIMUM DWELLING UNITS.. The development shall include a maximum of 72 dwelling units. development shall be limited to cleared and upland areas. Residential 3.3 GENERAL DESCRIPTION,. Areas designated as Tract A, Residential on the Master Plan are designed to accommodate residential uses as described by Section 2.13, a full range of recreational facilities, essential services, and customary accessory uses. The approximate acreage of the area designated for residential development is indicated on Exhibit B, PUD Master Plan. This acreage is based on conceptual designs and is approximate. Actual acreages of all development tracts will be provided at the time of site development plan in accordance with Division 3.3 of the LDC. Residential tracts are designed to accommodate internal roadways, open spaces, and other similar uses found in residential areas. 3.4 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: A. Principal Uses: 1. Two family and multifamily Residential dwelling units. 2. Model homes and model home centers, including administration, construction, sales and marketing. offices for project 3. Recreational facilities such as parks, playgrounds, and pedestrian/bikeways. DEC 1 6 C:XDocuments and SettingsXreischl_f~Local Settings\Temporary Internet Files\OLK17DXRegs and Supporting Master Plan Revised 11.24.03.doc 16 B. Accessory Uses and Structures: Accessory uses and structures customarily associated with the principal uses permitted in this PUD, including swimming pools, spas and screen enclosures, recreational facilities designed to serve the development, and essential services. Any other use. ,.v!,..i:-~ it comparable in nature with the foregoing uses, consistent with the accessory uses of this PUD as determined by the Board of Zoning Appeals. 3.5 DEVELOPMENT STANDARDS Co Table 1 sets forth the d,.',,:,, pment standards for land uses within the Lemuria PUD residential area. Site development standard:< 5, :-~twelling units apply to individual residential lot boundaries. Standards for parking, land<c,?ing, signs, and other land uses where such standards are not specified herein, are to be in accordance with the LDC in effect at the me of site idbvelopment plan approval. Unless otherwise indicated, required yard, height, and floor area standards apply to principal structures. Development standards for uses not specifically set forth in Table 1 shall be in accordance with those -,tandards of the zoning district which permits development that is most simit':.r to the proposed use. During the site development plan review process, the developer shall identify the specific housing type intended for each tract. R ~al dwellings shall be constructed in a similar architectural style and ot s~rm~r building materials. Off-street parking and loading requirements shall be consistent with Division 2.3 of the Collier County LDC at the time of building permit application. C:'Oocuments and SettingsXreischl_tSLocal Settings\Temporary lnternet Files\OLK17DLRegs and Supporting Master Plan Revised 11.24.03.d~c AC~ENDA 1~9 ] TABLE 1 Lemuria PUD DEVELOPMENT STANDARDS FOR "R" RESIDENTIAL AREAS Minimum Lot Area Minimum Lot Width *4 Front Yard Setback (Principal and Accessory) Front Yard for Side Entry Garage Rear Yard Setback (Principal) Rear Yard Setback (Accessory)*l Side Yard Setback *8 Maximum Height *2 Two Family Multi-Family_~ 3,500 SF N/A 35' N/A ~ 20' *3, 9, 10 20' *9, 10 12' N/A 10' 10' 10' 10' 0' or 7.5' *5,6 15' 35' 35' 1,000 SF 750 SF' 15' *6 15' *6 40' 40' 10' or 25 *7 10' or 25' *7 fFloor Area Minimum (SF) M---~nim-~--m ~eT~ween Principal Structures Setback from PUD Boundary Setback from Preserve Boundary BH: Building Height SBH: (Sum of Building Heights): Combined he: ! ' two adjacent buildings for the purpose of determining setback requirements. Front yards shall be measured as follows: A. If the parcel is served by a public or prix ~t,: ~eht-of-way, setback is measured from the adjacent right-of-way line. See applicable section for actual setbacks. *1 - Setback from lake for all accessory uses an,~ , . t ires may be 0' *2 - Building height shall be the vertical dj:- :~nrcd from the first habitable finished floor elevation to the midpoint of the roofline of the structure. '3 - For units with side entry garage, the garage ...... ~z constructed with a 12' front yard setback. *4 - Minimum lot width for cul-de-sac lots siiati t,c ~[.m~i>tcnt with the measurement standards established in Division 6.3 of the LDC. *'; - The sum of the side yards shall be a minim'~- .~ tifteen (15) feet. Zero lot line units shall provide the minimum 7]5 feet on the opposite side. In no case shall [-,rta~:',',.xt structures be less than fifteen (15) feet apart. *6 - Distance between principal structures not ~:: ' '~ of garages. Distance between garages shall be no less than 10'. *7 - Setbacks for the preserve area will be 25' f~'r r,t/: :ipal structures and 10' for accessory uses. *8 - Side yard setback for accessory structures [5~ccned patios, swimming pools, tennis courts and pavilions) shall be zero (0) feet. *9 - Guard houses, gatehouses, and access c;,nt., . ,~ctures shall have no required setback. *10 - No residential units shall be closer than I~ (~ ' ':t from the property boundary between the Carica Road Storage and Pump Station Facility and the Lcnxn;.t ~ UD. C:kDocuments and Settingskreischl_fkLocal Settings\Temporary Internet Files\OLKlTDkRegs and Supporting Master Plan Revised 11.24 ()~ ch c 3.6 RESIDENTIAL SETBACKS AND SUMMARY TABLE FOR RESIDENTIAl, AREAS General Application for Setbacks Generally, whenever the word setback is used relative to a measurement between the buildings and a lot line and/or perimeter boundary of a parcel of land upon which buildings are to be constructed, it shall have the following application: A. Front Yard Front yard setbacks shall be measured as follows: 1) If the parcel is served by a public or private right-of-way, setback is measured from the adjacent right-of-way line. 2) If the parcel is served by a non-platted, private drive, setback is measured from the back of curb or edge of pavement, whichever is more restrictive. 3) If the parcel is served by a platted private drive, setback is measured from the road easement or property line, whichever is more restrictive. 4) Principal buildings shall be se ~ck a distance sufficient to provide for two back-to-back parking sp.,ces, without encroaching into required sidewalks, one of which may be in an enclosed space, the other of which shall be of sufficient length not to cause an automobile to encroach into a sidewalk (minimum length 23 feet from the front of the garage). 5) When principal buildings front upon a common parking area, which in turn fronts upon a public or private right-of-way or non-platted drive, a minimum distance of ten (10) feet shall separate the principal building and any related parking facility, and a green belt of ten (10) feet shall separate said right-of-way, or other non-platted private drive from the common parking area. C:kDocuments and Settings~'eischl_fkLocal Settings\Temporary Internet Files\OLKl 7D\Regs Supporting Master Plan Revised 11.24.03.doc q DEC 1 6 2003' and 19 SECTION IV RECREATION/OPEN SPACE 4.1 PURPOSE The purpose of this Section is to identify permitted uses and development standards for the area within the Lemuria PUD designated on the Master Plan as Tracts D-1 and D-2, Recreation/Open Space Areas. 4.2 GENERAL DESCRIPTION,. Areas designated as Tract D, Recreation/Open Space, on the Master Plan are designed to accommodate passive and active recreation, and water management uses and functions. The approximate acreage of the Recreation/Open Space Areas is indicated on the Master Plan. This acreage is based on conceptual designs and is approximate. 4.3 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 1. Boardwalks, nature trails and preserves, shelters, lakes, cabanas and piers, and sidewalks. 2. Water management structures. 3. Lakes and water detention/retention areas. 4. Open spaces. 5. Recreational facilities, including clubhouse, pool(s), playground, and tennis courts. 4.4 DEVELOPMENT STANDARDS A. Minimum Yard Requirements: Not Applicable B. Maximum Height of Structures: 35 feet C:Xl)ocuments and Settings~reischl_PtLocal Settings\Temporary Internet Files\OLK17DXRegs and Supporting Master Plan Revised 11.24.03.doc DEC 1 6 20 3 2O 5.1 SECTION V CONSERVATION AREAS PURPOSE The purpose of the conservation areas, depicted as Tracts B-1, B-2 and B-3, on the PUD Master Plan, is to preserve and protect native vegetation and naturally functioning habitat in their natural state. 5.2 PERMITTED USES AND STRUCTURES No building or structure or pan thereof, shall be erected, altered or used, or land used, in whole or in part, for other than the following, subject to federal, state and county permits when required. A. Permitted Principal Uses and Structures 1. Nature preserves 2. Water management structures 3. Boardwalks and shelters Any other conservation use which is comparable in nature with the foregoing uses and which the Board. of Zoning Appeals determines to be compatible in the conservation area. Passive recreational uses such as pervious nature trails or boardwalks are allowed within the preserve areas as long as any cleating required to facilitate their use does not impact the minimum required vegetation. C:\Documents and Settings'u'eischl_t~Local Settings\Temporary Internet Fi les\OLKl 7DLRegs a Supporting Master Plan Revised 11.24.03.doc DEC 1 6 SECTION VI GENERAL DEVELOPMENT COMMITMENTS 6.1 6.2 6.3 PURPOSE. The purpose of this Section is to set forth the development commitments for the Lemuria PUD. GENERAL All facilities shall be constructed in strict accordance with final site development plans and all applicable State and local laws, codes, and regulations applicable to this PUD. Except where specifically noted or stated otherwise, the standards and specifications of Division 3.2 of the LDC shall apply to this project even if the land within the PUD is not to be platted. The developer, its successor and assigns, shall be responsible for the commitments outlined in this document. The developer, its successor or assignee, shall follow the Master Plan and the regulations of the PUD as adopted, and any other conditions or modifications as may be agreed to in the rezoning of the property. In addition, the developer shall convey to any successor or assignee in title any commitments within this Document. 6.4 C:XDocuments and Settingskreischl_tkLocal Settings\Temporary Internet Files\OLK17D\Regs anc Supporting Master Plan Revised 11.24.03.doc PUD MASTER DEVELOPMENT PLAN. A. All facilities shall be constructed in accordance with final site development plans and all applicable State and local laws, codes and regulations in effect at the time of approval of the development order to which such regulations apply, except where specifically noted. B. The PUD Master Plan (Exhibit B) is an illustration of the conceptual development plan. Tracts and boundaries shown on the plan are conceptual and shall not be considered final. Actual tract boundaries shall be determined at the time of site development plan approval. B. All necessary easements, dedications, or other instruments shall be granted to insure the continued operation and maintenance of all utilities. SCHEDULE OF DEVELOPMENT/MONITORING REPORT AND SUNSET PROVISION A. The Lemuria PUD shall be subject to Section 2.7.3.4 of the LDC, Time Limits for Approved PUDs. ,,c_.,rd~.t so. Recreational Facilities Provision: By the time building permits for 50 residential units are issued, the developer a~rces to have constructed two (2) tennis courts and a parking area serving the tenni~ courts. Monitoring Report: An annual PUD monitoring report shall be submitted pursuant to Section 2.7.3.6 of the LDC. The monitoring report shall be accompanied by an affidavit stating that representations contained therein are true and correct. 6.5 ENGINEERING A. Except as noted herein, all proiect development will be consistent with Division 3.2 and 3.3 of the LDC. 6.6 UTILITIES Water distribution, sewage collection, and transmission systems shall be constructed throughout the project by the Developer. Potable water and sanitary sewer facilities constructed ', i:hir,~ platted rights-of-way or within dedicated County utility easements sBall be conveyed to Collier County, pursuant to Collier County Ordinance 01-57 as may be amended, except as may be provided in Section 2.4 of this Document. Upon completion of the utility facilities, they shall be tested to insure they meet Collier County's utility construction requirements in effect at the time construction plans are approved. C. All customers connecting to tile potable water and sanitary sewer system shall be customers of the County. 6.7 WATEP , ' XrAGEMENT A. A SFWMD surface water management permit shall be obtained prior to commencement of site work. Bo An excavation permit will be required for the proposed lakes in accordance with Division 3.5 of the LDC. All lake dimensions will be approved at the time of excavation permit approval. C:~)ocuments and Settings~reischl_f~Local Settings\Temporary lnternet Files\OLKl 7DLRegs an( Supporting Master Plan Revised 11.24.03.doc C. The Lemuria PUD conceptual surface water management system is described in the Surface Water Management and Utilities Report, which has been in, iuaeqk~B~o~ rrE~ the PUD Rezone application materials. DEC 1 6 2 03 6.8 ENVIRONMENTAL. A. Buffers shall be provided around wetlands, extending at least 15 feet landward from the edge of wetland preserves and averaging 25 feet from the landward edge of wetland preserves. Where natural buffers are not possible, structural buffers shall be provided in accordance with State of Florida' Environmental Resource Permit Rules and be subject to review and approval by Environmental Services Review Staff. B. An exotic vegetation removal, monitoring and maintenance plan for the site, with emphasis on the preserve/open space areas, shall be submitted to Environmental Services Review Staff for review and approval prior to final site plan/construction plan approval. C. This PUD shall be consistent with the Environmental sections of the Collier County GMP Conservation and Coastal Management Element and the Collier County LDC at the time cf final development order approval. D. This PUD shall comply wid~ d~e guidelines and recommendations of the U.S. Fish and Wildlife Service ~L o ~-~VS) and Florida Fish and Wildlife Conservation Commission (P~vVCC) ~e~ .; !i~g potential impacts to protected species onsite. A Habitat Management Pian ~or those protected species shall be submitted to Environmental Services Rcvic,.v Staff for review and approval prior to final site plan/construction plan appro; ~ti E. All conservation areas shall !'~ designated as conservation/preservation tracts or easements on all construc~i, '~ plans and shall be recorded on the plat with protective convenants ?ct ~mlar to Section 704.06 of the Florida Statutes. Setbacks and buffers shall bc ,-;-ovided in accordance with the LDC. In the event the project does not requir,~ ting, conservation easements shall be dedicated to the project homeowner's' association or like entity for ownership and maintenance responsibility and to Collier County with no responsibility for maintenance. F. Environmental permitting .,i~,~ll be in accordance with the State of Florida Environmental Resource P '~' i¢ rules and be subject to review and approval by Environmental Services Re; iow Staff. Removal of exotic vegetation shall not be counted towards mitigati ~' ",>r impacts to Collier County jurisdictional wetlands. G. A gopher tortoise relocati ,,. =-:,nagement plan shall be submitted for approval at the time of fip~:d ,',, ~struction plan submittal. The approv shall be added to the construction plans. Off site relocation may be sufficient habitat is not found on site. C:XDocuments and Settingsh'eischl_fkLocal Scltings\Temporary Internet Files\OLK17D\Re Supporting Master Plan Revised 11.24.03.doc review and ,ri 1 ~qnOllag'e requ~ nd 24 H. All approved Agency (SFWMD, ACOE, FFWCC) permits shall be submitted prior to final plan/construction plan approval. 6,9 TRANSPORTATION All traffic control devices, signs, pavement markings and design criteria shall be in accordance with Florida Department of Transportation (FDOT) Manual of Uniform Minimum Standards (MUMS), current edition, FDOT Design Standards, current edition, and the Manual On Uniform Traffic Control Devices (MUTCD), current edition. All other improvements shall be consistent with and as required by the Collier county LDC. Bo Arterial level street lighting shall be provided at all access points. Access lighting must be in place prior to the issuance of the first certificate of occupancy (CO). Site-related improvements necessary for safe ingress and egress to this project, as determined by Collier County, shall not be eligible for impact fee credits. All required improvements shall be in place and available to the public prior to the issuance of the first CO. D. Road impact fees shall be paid in accordance with Collier County Ordinance 01-13, as amended, and Division 3.15. LDC, as it may be amended. E. All work within Collier County rights-of-way or public easements shall require a Right-of-way Permit. All proposed median opening locations shall be in accordance with the Collier County Access Management Policy (Resolution 01-247), as it may be amended, and the LDC, as it may be amended. Collier County reserves the right to modify or close any median opening existing at the time of approval of this PUD which is found to be adverse to the health, safety and welfare of the public. Any such modifications shall be based on, but are not limited to, safety, operational circulation, and roadway capacity. Nothing in any development order shall vest a right of access in excess of a right in/right out condition at any access point. Neither will the existence of a point of ingress, a point of egress or a median opening, nor the lack thereof, shall be the basis for any future cause of action for damages against the County by the developer, its successor in title, or assignee. C:LDocuments and Settings~reischl_lXLocal Settings\Temporary Internet Files\OLK17DLRegs and Supporting Master Plan Revised 11.24.03.doc All internal roads, driveways, alleys, pathways, sidewalks and interconnections to adjacent developments shall be operated and maintained by an entity created by the developer and Collier County shall have no responsibi itx~ fc~r maintenance of any such facilities. DEC 1 6 2003 25 I. If any required turn lane improvement requires the use of existing County right, of-way or easement, compensating right-of-way, shall be provided without cost to Collier.County as a consequence of such improvement. J. If, in the sole opinion of Collier County, a traffic signal, or other traffic control device, sign or pavement marking improvement within a public 'right-of-way or easement is determined to be necessary, the cost of such improvement shall be borne by the developer and shall be paid to Collier County before the issuance ' .of the first CO. K. Pedestrian/bicycle facilities shall be provided within .and between all residential areas including the multi-family areas. L. The development will be designed to promote the safe travel of all roadway users including bicyclists, and will provide for the safety of pedestrians crossing said roadways. Pedestrian travel ways will be separated from vehicular traffic in accordance with recognized standards and sate practices, as determined by Collier County Transportation Services Staff'. 6.10 ACCESSORY STRUCTURES Accessory structures shall be constructed simultaneously with or following the construction of the principal structure except for a construction site office and model unit. 6.11 _SIGNS. All signs shall be in accordance with Division 2.5 of the LDC. 6.12 LANDSCAPING FOR OFF-STREET PARKING AREAS All landscaping for off-street parking areas shall be in accordance with Division 2.4 of the Collier County LDC in cffect that the time of building permit application. 6.13 POLLING PLACES Pursuant to Section 2.6.30 of the LDC, provision shall be made for the future use of building space within common areas for the purposes of accommodating the function of an electoral polling place. An agreement recorded in the official records of the Clerk of the Circuit Court of Collier County, which shall be binding upon any and all successors in the interest nited A~,I~OA rr~,. that acquire ownership of such commons areas including, but not Ii condominium associations, homeowners associations, or tenants associati{ agreement shall provide for said community recreation/public building/pu CSDocuments and Settings~reischl_lNLocal Settings\Temporary Internet Files\OLK17DkRegs an Supporting Master Plan Revised 11.24.03.doc lic room t'"'/~-') BEC 1 6 2003' or similar common facility to be used for a polling place if determined to be necessary by the Supervisor of Elections. C:XDocuments and SettingsX.reischl_flLocal Settings\Temporary Internet Files\OLKl 7DhRegs Supporting Master Plan Revised 11.24.03.doc LEGAL DESCRIPTION (AS PROVIDED) . (OFFIC RECORD BOOK 2647, PAGE 2718) ALL THAT PART OF SECTION ~5, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SECTION 3; THENCE SOUTH 01 DEGREE 37'17" EAST ALONG THE EASTERLY UNE OF SAID SECTION 3, A DISTANCE OF 1347.52 FEET; THENCE LEAVING SAID EASTERLY UNE SOUTH 89 DEGREES 28'30" WEST, A DISTANCE OF 1090.57 FEET TO THE EASTERLY RIGHT OF WAY MNE OF GOODLETTE FRANK ROAD, AS RECORDED IN PLAT BOOK 15, PAGE 58; THENCE ALONG SAID EASTERLY RIGHT OF WAY UNE THE FOLLOWING THREE (5) COURSES: 1) THENCE NORTH 06 DEGREES 46'20" EAST, A DISTANCE OF 1;54.76 FEET; 2) THENCE SOUTH RS DEGREES 15'40' EAST, A DISTANCE OF 15.00 FEET; THENCE NORTH 06 DEGREES 46'20" EAST A DISTANCE OF 92:5.71 FEET; THENCE LEAVING SAID RIGHT OF WAY LINE NORTH 89 DEGREES 28'50' EAST, A DISTANCE OF 85.59 FEET TO THE EASTERLY LINE OF A FLORIDA POWER AND LIGHT EASEkiENT; THENCE ALONG SAID EASEMENT LINE SOUTH 06 DEGREES 46'20" WES'[ A OISTANCE OF 42.87 FEEl'; THENCE LEAVING SAID EASEMEN? UNE SOUTH 80 DEGREES 59'29" EAST, A DISTANCE OF 559.61" FEET TO A POINT OF INTERSECTION WITH A TANGENT CURVE, CONCAVE WESTERLY, HAVING A RADIUS OF 2515.48 FEE-q', AND A CENTRAL ANGLE OF 10 DEGREES 46'51", THENCE NORTHERLY ALONG THE ARC OF SAID CURVE A DISTANCE OF 4.55.68 FEET, SAID ARC SUBTENDED BY A CHORD WHICH BEARS NORTH 05 DEGREES 57'05' EAST, A DISTANCE OF 455.04 FEET, THENCE NORTH O1 DEGREE 26'20" WEST, A DISTANCE OF 3.99 FEET TO THE NORTHERLY UNE OF SAID SECTION ..5; THENCE ALONG SAID LINE NOR'"'--I 89 DEGREES 28'50" EAST, A DISTANCE OF 250.00 FEET, TO THE POINT OR PLACE OF BEGINNING. LESS AND EXCEPT A TRACT OR PARCEL OF LAND LYING IN SECTION 5, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, WHICH TRACT OR PARCEL tS DESCRIBED AS FOLLOWS: FROM THE NORTHEAST CORNER OF SAID SECTION ;5, RUN SOUTH 0'1 DEGPEE 15'18" EAST ALONG THE EAST UNE OF SAID SECTION ;5 FOR 1;547.51 FEET TO THE NORTHEASTERLY CORNER OF THOSE LANDS DESCRIBED IN OFFICIAL RECORDS BOOK 2148, PAGE 407, AS RECORDED IN THE PUBUC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE RUN SOUTH 89 DEGREES 52'14" WEST ALONG THE NORTHERLY LINE OF SAID DESCRIBED LANDS FOR 949.5;5 FEET TO THE POINT OF BEGINNING; FROM SAID POINT OF BEGINNING CONTINUE SOUTH 89 DEGREES 52'14" WEST ALONG SAID NORTHERLY LINE FOR 40.32 FEET TO ITS INTERSECTION WITH THE EASTERLY LINE OF THE 100 FOOT FLORIDA POWER AND LIGHT EASEMENT DESCRIBED IN DEED BOOK 50, PAGE 27, AS RECORDED IN THE PUBLIC RECORDS OF COLLIER COUN'I'~, FLORIDA; THENCE RUN NORTH 07 DEGREES 08'12" EAST ALONG SAID EASTERLY UNE FOR 57.97 FEET; THENCE RUN SOUTH 82 DEGREES 51'48" EAS~ FOR 40.00 FEET; THENCE RUN SOUTH 07 DEGREES 08'12"' WEST PARALLEL WITH THE EASTERLY UNE OF SAID 100 FOOT FLORIDA POWER AND LIGHT EASEMENT FOR 52.87 FEET TO THE POINT OF BEGINNING. ALSO LESS AND EXCEPT: THOSE CERTAIN LANDS DESCRIBED IN THE ORDER OF TAKING RECORDED IN OFFICIAL RECORDS BOOK 5'111, PAGE 591, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: PARCEL 119A: A PARCEL OF LAND LOCATED IN SECTION 5, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED BELOW: COMMENCE AT THE NORTHEAST CORNER OF SECTION 5, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLMER COUNTY, FLORIDA AND RUN SOUTH 89' 50' 52" WEST ALONG THE NORTH LINE OF SAID SECTION .5, A DISTANCE OF 877.05 'EFT TO AN INTERSECTION WITH THE EASTERLY RIGHT-OF-WAY LiNE OF FRANK BOI. LEVAI~_.4ENDA_.ITEN~ No. Exhibit "A" COMMENCE AT THE NORTHEAST CORNER OF SECTION 3, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA AND RUN SOUTH 89* 50' 52" WEST ALONG THE NORTH LINE OF SAID SECTION $, A DISTANCE OF 877.05 FEET TO AN INTERSECTION WITH THE EASTERLY ~ICHT-OF-WAY LINE OF FRANK BOULEVARD (GOODLETTE-FRANK ROAD) AS PER PL~r RECORDED IN PLAT BOOK "/5, PAGE OF' THE.PUBLiC REcORDs: OF COLLIER COUNTy; FLORIDA (1.50, R/W~); THENCE RUN SOUTH 07' 08' 12" 'WEST ALONG SAID EASTERLY RIGHT-OF-WAY LINE, A DISTANCE OF 1224.90 FEET TO THE POINT OF BEGINNING; FROM SAID POINT OF BEGINNING CONTINUE SOUTH 07' 08' 12" WEST, A DISTANCE OF 1.32.85 FEET TO AN INTERSECTION WITH THE SOUTH LINE OF THAT PARCEL OF LAND RECORDED IN OFFICIAL RECORDS BOOK: 2060, PAGE 2299, OF THE PUBMC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE RUN SOUTH 89' 52' 12' WEST ALONG SAID SOUTH UNE, A DISTANCE OF 15.12 FEET TO AN INTERSECTION WITH SAID EASTERLY RIGHT-OF-WAy UN/ OF GOODLETTE-FRANK ROAD(lO0' R/W); THENCE RUN NORTH 07. 08' 12" EAST ALONG SAID EASTERLY RIGHT-OF-WAY LINE, A DISTANCE OF 154.75 FEET; THENCE RUN SOUTH 82" 51' 48" EAST A DISTANCE OF 15.00 FEET TO THE POINT OF BEGINNING. PARCEL I 19B: A PARCEL OF lAND LOCATED IN SECTION 5, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, aND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHEAST CORNER OF SECTION 5, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY. ~'LORIDA, AND RUN SOUTH 89* 50' .32" WEST ALONG THE NORTH LiNE OF SAiD SECTION 3, A DISTANCE OF' 877.05 FEET TO AN INTERSECTION WITH THE EASTERLY ~]CHT-OF-WAY UNE OF GOODU?FTE-FRANK ROAD (130' R/W); THENCE RUN SOUTH 07' 08' 12" WEST ALONG SAID EASTERLY RIGHT-OF-WAY LINE, A DISTANCE OF -501.18 FEET TO AN INTERSECTION WITH THE SOUTH LINE OF THAT PARCEL OF LAND AS RECORDED IN OFFICIAL RECORDS BOOK 1788, PAGE 1091, OF THE PUBLJC RECORDS OF COLLIER COUNTY, FLORIDA, FOR A :)INT OF BEGINNING; THENCE RUN NORTH 89' 52' 12' EAST ALONG SAID SOUTH ~NE OF THE PARCEL OF LAND AS RECORDED IN OFFICIAL RECORDS BOOK 178B, PAGE 1091, A DISTANCE OF 10.45 FEET; THENCE RUN SOUTH 06' 57* 57' WEST A DISTANCE OF 925.08 FEET; THENCE RUN NORTH 82' 51' 48"' WEST, A DISTANCE OF 18.50 FELT TO AN INTERSECTION WITH SAID EASTERLY RIGHT-OF-WAy I..JNE OF GOODLETTE-FRANK ROAD; THENCE RUN NORTH 0'7' 08' 12'" EAST ALONG SAID EASTERLY RIGHT-OF-WAY LINE, A DISTANCE OF 925.72 FEET TO THE POINT OF BEGINNING. PARCEL 719: A PARCEL OF lAND LOCATED IN SECTION 5, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, AND BEING MORE PARTICULARLY D~SCRIBED AS FOLLOWS: COMMEN, '"' THE NORTHEAST CORNER OF SECTION 5, TOWNSHIP 49 SOUTH, RANGE .., ,..,., , COLLIER COUNTY, FLORIDA AND RUN SOUTH 89' 50' .:32" WEST ALONG THE NORTH ENE OF SAID SECTION 5, A DISTANCE OF 877.05 FEET TO AN INTERSECTION WITH THE EASTERLY RIGHT-OF-WAy L/NE OF GOODLETTE-FEANK ROAD (130' R/W); THENCE RUN SOUTH 07' 08' 12" WEST ALONG SAID EASTERLY RIGHT-OF-WAY lINE, A DISTANCE OF 1291.99 FEET TO THE POINT OF BEGINNING; THENCE RUN SOUTH 82' 51' 48" EAST, A DISTANCE OF 51.25 FEET; THENCE RUN SOUTH 07' 08' 12" WEST, A DISTANCE OF 49.95 FEET; THENCE RUN NORTH 82' 51' 48" WEST, A DISTANCE OF 51.25 FELT, THENCE RUN NORTH 07' 08' EAST, A DISTANCE OF 49.95 FEET TO SAID POINT OF BEGINNING.