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Agenda 09/09/1997 R COLUER COUNTY BOARD OF COUNTY COMMI~81ONER$ AGENDA 8eptomlMr g, t097 9:00 A.M. NOTiC~ ALL ~ WL~a~O TO ~ ON ~ AO~ ~ MUST ~IST~ i~IOR TO~ REQUESTS TO ADDRESS THZ BOARD ON SUBJECTJ WHICH ARE NOT ON THI3 AGENDA MUST BE SUBMZFFZD IN WRITING V, TI'H KXPZANATIOff TO THZ COUNTY ADMENISTRATOR AT LEAST IJ DAYS PR/OR TO TH~ DATE OF TH~ MZKTING AND ~ BE HEARD Uh'DKR "PUBLIC i'~TT/ON~, ANY/'ERSON WHO DF, CIDES TO APPT. AL A DECLSJON OF THIS BOARD WILL ~ A RKCORD OF TH~ PROCEEDINGS PERTAINING THERFFO, AND THEREFORE MAY NEED TO ENSUR~ ALL ~ PI~BLIC ~ WILL BE ~ TO ~ (~ MD4-crTES UNLF. SS I~ON FOR ADDITIONAL TIM~ L~ GRANTED BY TR~ CKAI]tMAN. ASSISTED ~O DEVICF~ FOR T/~ HEAR~G IMPAIRI~ ARE AVAII,ABLE IN Tl~ COUNTY COMMISSIONER~ OFFICE. LUNCH RECESS SCHEDULED FOR 12.'00 NOON TO I:00 P.M. 2. 3. 4. 5. INVOCATION. R~d Carl Orr, OoMe~ Gte ~ Cbur~b PLEDGE OF ~G~ ~OV~ OF AG~A ~ CONSE~ AG~A ~~ OF ~ ~~ONS ~ S~ AW~ ~ ~~~ONS ~. To b~ ~H~. ~~ AW~S !) Nelds ~. ~~t or.uae - I0 ~u ! C. PRF, SE,NTATIONS I) Reeommeudtt~ou to r~copfzt Robrt Wboder, North Regfo~d Wtm'Trutmeut Works Dfvbfos, ts eupJayoe ortb mouth for September 1997. Pruentab to BCC of'A~ard of tzcdbsJe~ fimm fie lqorMa Clmpfm* AmerJcsB PIanaInf AJsocJatfon for the CoHJ~ Comt~ Archftectural ami Standards for Coumrrtlal Devdopmat. Preseutatfou by i:)kk Lydoe, C'datrman ortbe Beach Commfme, rueopidag Harry Huber's efforts. ~AL OF ~'$ REPORT A. ANALYSI~ OF CI:LS, NOES TO RF~"~V~ FOR CONTINGENCII3. I) Gesers~ Fusd (001) ltv 9(;97. 2) Con m unfty Devdopnent Ftmd(! 13) FY W~7. 3) FscJmbs Cosstr~tJon Fem. (301) FY PUBLIC I~ETITIONS I) refund of Collier ~ Rood impoct Fins punrmmst t~ Odtunmm ~ ~ iq~BLIC WORKS !) Recommenda~ou for Board spprovd to adeM s ~ to ~ the sped SS MYH betm~ U~41 (SJt. 90) nd SJt. 84 (D~b Bod~r4) md bmum Green BouJeurd otd Gok~ Got~ Boak~rd. C. FUBLIC SERVICES !) A sertJemeut dis~rssiom regnrding the lawsu~ McGhtuis vi. Colli~ County, ~ Nunbr 9~-14~1-CA-01 L COUNTY ADMINISTRATOR 13. 14. IS. Approval ors Rtsolst~on mpprovinf the prdlmhtary tss. smest roll ts tk final tm·es·rocor roll mud ndoptlnj mime ts ~t tmt4d vllorts tsNnsent roll rot' purpo~ of'ntJlMn$ the uniform meflJod of colkcthm pursuant to Sec·Sou 197. 3632, FJorlda Suns·mi, for SolM Wasa Dbtrkt No. 2 Muklpal Service Benefit Unit Specb1.4asessment bvbd ·plus· certain ruJdestbf prope-tbs within fbe Unincorporated Art~ orCdlbr Cou~ pummnt to Colller County ordinam ~qJ- 30, ts Amcod~L Approve hud udopt u Ordlnnnc~ to emend Ordhanct No. M)*r/, ts nmcoded, to exclude certain oddMoul srus from the ImposftJo· of Sewer Impuct FtsL Api~ro~e and Adop~ am Onflunnco to amend Ordinamco No* ~ as amended, to exclude certain uddMooal argus from th· ImposMon or Water Impact Fees. BOARD OF ZOfl~G AI~EALS A. ADVERTISED PUBLIC JZEAR~GS I) PftftSou V-96-2~ John Grbtsm repreMnthtf Landmark Communb ~o ~ J~n ~u~ a 1.~ f~ dl~l ~m ~m ~e mr ~ ~ ~uJ.m~t of ~e (~ f~ f~ tn ~ ~ h a ~ ~lng d~ for p~ ~t~ In ~u~'s PI~ Su~ st bgo V~ ~m ~, ~ 1~, 2) Peri·Sou V-YT-6, Gre[ Carbk (Co.root Purchtser) representing Henry Johnson requesting a 10 foot vnrbKe from d~ rtqufred 2S foot rear setback to IS feet for property inca·ed on the segthwset side or Bryfro~ Drive, further dem'ibed ts Lot 1~ Bayfron! Gardens Sub(fJyJdOl~ In Sec~ol (~ Towusbfp 48 Sontl~ Rsnfe 2S Etst, ConJer County, Florid& (Continual to tk 3) Petftfon No* CU-YT*~, Thunth7 W. Fergutsu. P.A., ts agent for El Espresso Bas Comp·ny, rL, qunsting CondltSounl Use "12" or·he C.S zoning dlstrk*t for · bus fff~sinal for property Jocnted st the nortktst corner of lqew Market Road nnd State Road 29, ImmokaJee fo S~ctJon 3, Township 47 South, Ranfe 29 East, Co~Jer Country, FJoddo cotsbthf or0.2 ncru, more or leu. (Continued to the meeting or OTHER BOARD OF COUNTY COMMISSIONERS' COMMU1~ICATIONS STAFF'S COM2~ONICATIONS 16. CONSENT AGENDA - All mitten bred under this bu irt co·dale'nd to bt routht and action will be mm by one modan wi·bom sepurote dM of coch Item. If dbcudon b desfred by a member of the Board, thst Rem(s) will be rtmoved from the Con·sun Agenda and consJderud COMM~FAIITY DEVELOPMENT & ENVIRO~AL SERVICES I) Request to spprove for recording the lrbal Plat or "Sterling Osks Phase 2A". 4 · . lq~LIC WORF~ i) to cotvey H emMmHt by quft-chlm dMd to CoHbr Cou~ for i~emi to Bm-nrw PR e~ 2 nd rot tk rout-bohr tmpr~uouU to Couty mru Rod, ClX No. 33. S) Tkb Jul bis bern dddd. Board apprm~l ~ Fbcal Yetr l~)?J8 Aloud ~ Mr Bid ritZY-2';13, T~rfk Sip lKtterbls, sod md W7.2712, ~ ~ rot Tnmc sipsl nd Street Award Cogtruct m cots~ Not~ Collier RqJoual Wtsmwst~ Trufmeut Platt Belt Film' Prem Walkwuys, Bkl No. 97-2721. Autborb~dou to sob souru imrcbm r~locemeut ImmlM, sp~ffkd r~peh' imm Aj~ove a l~mrdmme Order moder rzbtfq ~mce Comllc$ #90-2.M7 for WIdm ~ & ~ bc. ret rtlm~n of Wall No'f 6, !1 and 14. 11) Tkk item Ires bern ddlllL 12) C ,) percett Togrb~ Devdopmem Tiz,'nd ~ # to Ibc CoO~ ComttT Mmeum ruud. Apptm~ M Depart of F. JvtrumaUf Pra4mbu, FIorkh Recru~Joa bm~ [ki~ lb brd er CNt~ Commbdolel tpprovt M ttt~dJed budget anndnat rtopMq ~ to Ibe Goida Gate CotmuhT Center for the Simmer ~jnp J. roGrlak Dw 1) A Rasolufloa au~Jorttbg ~tp~tdltsru er rssds bra p~sk +o r,copim CenSer BOA.ql} OF COUNTY COMM]:SSIOFiERS MISCEI, LA.qEOUS CORRF. SI~NDENCE 1) H. OTHER CONSTFFU13ONAL OFFIC'13~ L ~_"OUNTY ATTORNEY ADJOURN ADD: ITEM 8(C XI) - Direction b being requested regarding a proposed ln-Hne pro-4our world championship to be bekl at the East Naples Skatepnrk In Ocfober. (Staff's request). ADD: ITEM 9(A) - Update to the Board rtgnrdln~ the concept ora juvent*le daytime curfew ordinance and request for the Board to provide direction regnrdinE same. (County Attorney's Office). ADD: ITEM 903) - Request for the Board of County Commissioners to receive for the publie record tn amended certificate of the Collier County Canvassing Board rdatlng to the 1WLtFCO bland XacorporatJon Election recount. (County Attorney's Office). NOTE: ITEM 8(BXI) - Change wording to read C.R. 951 (not Xsle of Capri Road). tbemselv~ to pre~ert~lng law and order and the Indulge '~ ~fety; and we rt, cogn~ that tht mot and women tn law ogbrcement rttk tbtlr l~ ~ a daily bas~ to protect our cttizen~ and maintain ~ order; and WHERE4S, w~ encourage all cttlztnt to pmae to recognize our law enf~ o~cer$ ~o that we may not take thetr work fo~ ~rante~ NOW THEREFORE, be it proclaimed by thg Board ~f County ~L~imsgr~ of Collitr I! bt dtrignated m DONE SEP O9 lee7 PO,,_ I , ~MMI~qDATION T~ ~ ROBERT ~.r~, NORTH B.FGIO~ WATI~ ~TMZNT PLANT, IqTBLIC WORKS DIVISION, AS ~ OF MONTH FOR ~ 1997. compktin~ tbs mamgmm~ course to qual~ him to test for the "A" ~ This is not ~LIM'I~ACr: "EmployeeoftheMonth"~~aS~.~~. Fundsfo~ this award a~ avaitable in the department budget cost center 40S-253221. RECOMMIINDATION: TI~ ~ ~ be rs~lg.zed u the "Employee of PREPARED BY: 4~~/ ~t- ~._DATE: SEP u FLORIDA SHORE & BEAGH PRESERVATION ASSOCIATION C)IMaW~ A~ 4, 1997 3301 Tamhmt Trail E~ Naples, FL 34112 RECEIVE£ /.UG 0 6 1997 OFFI~.~. O~ I am pleased to ndvise you thai our Awasds C-.ommlt~ has selected Yo~ as the 1997 redplem of FSBPA's Local Government Award which goes to · local ~ovemment Yo~ were ¢imd fm ya~a' ~o~ tn wOrk~ qu/edy ~d effecdve~ for many yea's to tan')' cmt Collie~ Cc~m~s/~ iaeludi~ h~13~n/, the dJfficuJt is.roes of local Prese~mion or,be r~rd w~ ~ plme ~t our mmuel Awards B~lmt ~ 7:00 We hope to see you m Ameli~ blend. 3. F.dllte. ~ Fu~ (3~1) FY ~,'g7 SEP 919S Pi_i.._ 11-27-96 48 S 5.12~.g~3. $ 448~3 I 12-11-96 (11.000.00) 12-11-96 ~8 To rear ~ Cmtr~ LIx~ C:~r (14.475.00) 12-314)6 1-18-97 1-22-97 4~,3oo.oo 110 To execute the FMr IJIx~ Stzlnd~'~ A~ I~ent ~ (42,770.00) 119 143 2-11-97 163 To fund gnin .M~ng ,vvnn~ ,~ ,l~X'oved by BCC 12-17-96 (80,g~,00) 3-17-97 187 To p~y It~ colt of hidng I new County ~. (12Aoo.oo) (1 s,r~o.oo) SEP g lgg7 I~ t . Page 2 5-5-97 5-7-97 6-16-97 8.-25.-g7 8-4-g7 ~7~7 8-12-97 8-19-97 312 401 411 To fund 8unxnm' Youth NIgh~ In N~31ee m~d IrmnokMee FKmt~ ~p~Ct F~e study. To corm ~ ~ ~ fee,.nd To pay ~ ~S~e ~t year of m~ntermnce ~ HRI$. (53,0OO.OO) (43.e,000.00) 47,800.00 (lO,OOO.OO) (14,500.00) ~1,900.00) (2o,5oo.oo) (1g,13~.00) ~,mcxJ~ng to le~ thm S10.000 Mch: (No.: 29. 17. 66. 69. 61.161.16~.336) Total ReduclJons S (3e,eeo) .~Fp 9 lg.c AICALll~ OF CHANGE~ TO COI~IUNTTY ~ FUND (1t~) ~ FOR F~'I~ me~ng 4,le o(8~mb,r 8. 1~7 FY 1~)' 1-22-r/ 112 $ $ (13,000.00) To~ Raductio~ S 472.200.00 .~lrp g 1~g7 jULIJ.YSIS OF CHaJIGU 1'O FAClUTIES CONS'IIUCTIOfl FUND (301) RESERVE FOR OOflTIk~M~ClES 2-1 I-g7 148 2.2497 t 56 3-5-97 t96 7-3-97 324 7-18-97 356 8-16-97 412 FY 1~47 $ $ for 1997. To Irmtal el~ circuiting f~n~ I~ em:h d~Y room (2~,42o.oo) (ll.2o2.oo) (8,1SO.O0) Amendmentl ~ ~o lell Ihln $10,000 em:h: (No.: 25, 210,302,309,325,338) Total r~ $ E~F_,CUTIV~ SUMMARY JAM~ B. YOI.rI~G, P.A., REI*'I~gNTING WOOROW AND LO~ HgNRY, R~I~'I'I~G A RIWUND OF ~ COUNTY ROAD IMPACT ~ PUP.~UANT TO ORDINANCE ~ ~2-22, FOR ~ PAID IN CO1Ra'UNCTION WITI! THE ~ANC'E OF BUll. DING PERMIT ~ 96- Y'/B3, BOBBIN HOLLOW EQUESTRIAN C"ENIXR. C'ON~TIONS: Th~ subject prupen'ty J~ c~ developed as · horse on Vmdetb~ Beach ~ The 3.8 aa~ sim camisls of n 12,S98 square foot and lnuvJdm far a total of 59 parking spaces far sts~n,uJ pstmm. road bnpect f~s rosier Section 3.01 of Ordinance No. 92-22 m mjm6M, nm, b mcb a facility enmnpml fl'om ~ ~ ~ ~ ~ 553.73, F.S. as a non- FINAL il~I'ACT: TI~ 1~ ofrosd ~ f~s ~ gl~ ~k:mlated ~ ragt in lieu of d~ ~aeral cotnmm~ ra~ pr~-viomly calculmed will Mequ~ly sddnms road REL"OMMgNDATION: Staff t~cotnmmd~ ~ ~ Board of County Commissioners rvject d~ ~ for a full road in~nct fee reftmd and ~ ~he ~'fund of road impact fees totaling S9,906.93. SEP 0 9 ~ kCTIOIs tilt: FIx ~41.2~2~2~1 Dece moe,' ~2. hi®a! Coun:y Nap es FL ~.411~ I~. 'e' ~i,e: C.:4~my G:cl~Jnce No. 92-22 02 o~e~ I:' ~:' 'N., a;o~,g :~e west r.G~t.~~ ~t~ ~ 035t2.2~G1. ~oG~ 1~' 4~ W ~.=~ t~e .ti' ~,~f~ se~m~31 t~e~e~n~ pAGE: e3 of the T~elring. JBY.S CC Mr, & Mrs. He, nc/ J..~a¢.es B, Y,>..,ng:_?..A_. ............. _. ..~;,.,'U-~ ..,:. '...~ ~e~. 330'- ~-m ..: .. ' 'T.~....' '~ ';fa-! l~mples Fl 34112 I~.~: sir.;, " .... " ' ". '.' : ,..:..:, £. ~c:;rT' .o~, '. .o; ,,', . . .o i~':. ,~;';5 ';~:. ; :.~ . ',."' ."e.~ :': ~..-.: ."".::: - '-' ~r, :I~ p.'op~ty ix/ iS "'" 0~. '; ' ': '*" · '/l ..:. ; . ,:.: ,t::. :; $ ,',,, ~..;:. '~':~ ~he~ h~:'o '...,~,',,:--' i}'o~,.. : ....'. ·' :.,f .,'3:..,,,t7 r.~,,:· $~'cv,.¢o{ to '. z:-:r.. ':..~.?.. 2eml 3. 8c.:ol':al:~'a ~'OX' Hlc£o~£1m ~,.. ~orth ~,~Iem'Tire._lns~ctlon ,154 ~cad I~a~'~. ~' ... "," ,. · '-~.tldl.n~ ~t~i~'a llapl~'g' ' .MEMORANDUM DATE: Imua~y 31, 1997 TO:. or under ~ 553.73, Florida Stntote~ . . .. '.'~'""~""'--'"~:_ ';_Z~. .... ' --,~ . ~,....,,...,.,, The road imt~act fee wss calcnlsted ' $18.533.00. It ]S nnclcar w ~= wt~ ~ . ,-=--~--~ _ . ~. ..... ,_~ ~-.~ reference. I would be ~ to meet wi~h Staff/o de~mn/n¢ ~he ~ hnd use cxte~ory for ~ in, act fc~ Please feel free to call me ii'you have shy questions, - D~vid c. wd~l, Cou~ Attorney oo $ 4ST/bo~t~ 2,063/1,000 Iq.ft. 22,.'.. office - so,ooo ri, or less -..$ ~,4s2/1,o~o 22. 'o~r~c. - so,oo~ - loe,ooo sr . ...2,o?s/1,ooo lq.ft.. ..... ~3. O~£J~e. - 100,001 - ~ ~:~_:'~1,7S3/1,~.~.~.:~ .* ' -:'24. '. OtZX~ -2~;~X'~'~,~ ~ :'..'..~,474/~;~_~.~ · 26. ~10~fL~. ~' '"' ..... . .*: .. *=-.. . ;'~, :. ~'~ ... '-:,~...~;~. '.. '%_.. - . .%. · 30. Batiil" ISO,O01 ' 200,000 31,, BltAJJ. - 300,001" 400,0C'~ 22. ~ -- 404,001 ' 33. BS'tAll -- 600;001 o 1~000,000 34,, JM't. LL.I o ~relt.4~ thlJ~ 3'/. Bdmstaumntt d:r~Te-Ln 38, 40. .41. than 3,000 S~ 42. Auto BepeL:/iody Shop 43. B4jIk/SivJ4~I: yuLe-tn 44. lellX/ll~Logsf d~Te-JJ~ 4S. CI~ Wash 48. Wa~b~sL~; 4 ! · 1,21l/l,0OOq. rt.. %l,4%811,0000q.ft. 9,S02/1~000 $ 1,33811,O001q.£t. 678/1,000 23~/1,0000q.£~. RESOLUTION SUPPORTING THE CONSTRUCTION OF A BIOLOGICAL CONTROL QUARANTINE FACILITY. ~ t~ Uuivmity ofl:lor~ i~ too ~ to ~d~t~ ~ ~ ~ ~ ~ 'l'his ~ mglxnu Goal 6 ofthe SUBMITTI~ BY:~ Natural R~smn'ces Dim~or ~LUTION NO. 97- RLqOX2YTION B~FI'ORTING THE CONSTRUCTION OF A QUARAN'I'I~ FACU.2'~ TO ~ FACfl2TA'I'g 1TrE DEVELOPMENT OF BIOt.OGI~ CONTROL AGEN~ FOR USE AGAINST INVASIVE KXOTIC VEGETATION. ~ iuvasivt exotic v~etation tach u Mdakuca, Brazilian PepPer md Austrabn plne pose a serious tlc'eat to the un;que ~ ofColl~ ~ and d~ rest ofSou~ ~ ~ has prepared a report ent]tlM "[NVASXVE EXOTIC VEGETATION XN COLLIEP. COUNTY"; snd DATED:.~ 1997 COMMISSIONI~RS BOARD OF COUNTY COLLI~ COUNTY, FLOB~A App~ved as m form and 9~PO 9 1997 ~ATION FOR BOARD APPROVAL TO ADOPT A RESOLUTION TO INCREASE ~ SYEI~D LIMIT ON TWO ROADWAY SEGMEHI~ ALONG C.R. 951 (ISLE OF CASA ROAD) FROM 4J ~ TO $~ MPH BEI'WEEN U~ 41 (~.R. ~R}) AND $.R. g4 (DAVIS BOULEVARD) AND BETWEEN GREEN BOULEV~ AND GOLDEN GATE BOULEVARD. I~dY.,CIII~: To ot~in ~ sppr~al to emblis~ a ~5 MPH speed limit on two (2) corridor se~meats aion~ C.R. 951 pm'sushi to Collier County Ordinance No. 91-25 and Section 316.199. Florida Stamps. tnalysis indicated that speed limits should be increased to 55 MPH along two rosa'way segments of C.R. 951. The two segments ar~ located between: Z) U.S. 4~ (S.l~ 90) n~d S.lC sa ~avis Boulevard). 2) C, rcx~ Boulevard and C,~lden Gate I~devsrd. A mx~rn~ speed limit ~to55 ~ on ~se two ~ sesments is based onthe following: 1) 2) ~ speeds on each roadwa~ sesment indicates ~hst the existing 45 MPH speed limit is being m~observed snd the majority of drivers are traveling at speeds of 55 MPH md srmer (85th percentage). ~sfics applicable to both roadway segtnents ar~: A. Divided highly (4-1aries rmV). B. Limited inicrsectins roatwa~ snd minimal traffic conflicts. C. Sight distance/tax,cry area is adeq~sIe to support the hi~r speed. D. Uniform n'tffi¢ flow. ~,,&t,.IM~..~: Speed limit ~ io existing si~na~e from 45 MPH to 55 MPH will cost S'/~0.00 02 sign races @ r~.00 each). Road & Bridse Fund 00B, Cost Center Z6~630 (Tranic Operations) md Object Code 6~'/z 0 (Trtni¢ Sisns~ Not applicable. 2 4 7 I !0 I1 12 14 Il rs 21 c ---.. DIRECTION IS BEING REQUESTED REGARDING .4, PROPOSED IN-LINE PRO-TOUR WORLD CHAMPIONSHIP TO BE HELD AT THE EAST NAPLES SKATEPARK IN OCTOBER . OBJECTIVE: To deterngne if Collier County will provide a venue for the Agsresslve Skate Association (ASA) Pro Tour World CONSIDERATIONS: Collier County is scheduled to complete its in-l~ne and skateboard p~rk to be known as "the Sanctuary" on September 20'. The facility has been designed with a cour~ of ramps that are similar to tho~e used by skaters on pro-tours and in the up- coming summer Olympics where skating evehts will be an exhibition sport. The facility is on schedule for the 20a with invitations already distributed t'or the grand opening. The ASA Pro Tour holds a series of sixteen events w~th over $400,000 in prizes throughout the summer for pro skaters. These events are held in major venues such as Los Angeles, Chicago and Philadelphia. The series ends with a World Championship that was scheduled to he held in either l~raarni or Fort Lauderdale. Due to logistical and permitting problems with these venues, the ASA is looking to move the champi~ to the new Sanctuary Park here in Naples. The event is scheduled to be the championship of the year-long series with the top skaters fi'om the summer long series participating. The three day championship is scheduled for October I1, 12 and 13 will be televised nationally and to more than 170 countries world wide via four hours of prime time coverage on ESPN, ESPN2 and filmed by MTV for an MTV Sports story. In addition, a full length movie is being filmed for rdease in 1998, which will feature the event. In all media coverage the Collier County area would be The ASA will need to request $70,000 to provide for promotion and advertising. In return the event is scheduled to bring at least 300 people from out of'town for the event, would have estimated crowds ot' 5,0(X) or more per day and would provide community media exposure valued at over S600,000. The estimated television audience for the event in the U.S. alone is 4,291,392, with ESPN ratings for ASA events running 35% higher than average ratings. Collier County as the host would ree~ve approximately 4:00 minutes of direct audio or visual identification for each of the four hours or' coverage in addition to the exposure provided by MTV coverage and movie exposure. The Tourist Development Council is not scheduled to meet again until late October, and a request for a special meeting would be required in order to review the application for the events fi.mding. In addition County assistance is requested to provide bleachers, parking at Sugden Park, on-site 24 hour security, limited labor, tables and chairs, a temporary office with a fixed budget for phone, fax and copier service and assistance with on site EMS coverage. The total cost to the County is estimated to be $6,000. Should the event be npproved and receive tourist do~.iopment tax support; funding and County facility use agreements will be dra~ed that will include gl of the necessary insurances, bold harmless clauses, and some revenue sharing with the concessionaire operations. The~ revenues would provide some funding back to the County Park system for use within the East Naples Community Park or to recover co~s spent by th~ Parks Departmeni in preparation for the event. Although the time frame is exceptionally short for an event of such magnitude, the ASA does have an expericnc~ staff that appears very capable of putting the many details together. In addition, a success~l event such as this woukl provide exposure for the new Sanctuary Skate Park that could not be equ~ as well as coverage for this destination resort community highlighting alternative [recreational opportunities to s completely different market. GROWTH MANAGEMENT IMPACT: None. FISCAL IMPACT: As outlined above the event would require $'70,000 in tourist development tax dollars, and an estimated $6,000 in goods and services from the County. Funds would be available within the Parks budget for the Rems requested in the FY budget with some anticipated revenue that may offset this cost. The Tourist Development funds would have to be reviewed by the TDC and the County Commission separately. RECOMMENDATION THAT THE BOARD OF COUNTY COMMISSIONERS, determine if it desires to proceed with the requested ASA Pro Tour Championships on October 11, 12 and 13, and if approved request that the Tourist Development Council schedule · special meeting to review a fundin~ application for $70,000 for the event ns soon as poss~le, waive the normal EMS charges for an on-ske ambulance and dkect staff to work with the ASA to host the event. Prepared by:~ Th~s-W. Olliff, Publ~,rvices Administrator ASA PRO TOUR 199'/ Thomas W. Olliff Public Scn, lc~s Administrator Colher County Gov~mmcnt 3301 Ezgt Tamiarni Trail, Suite 217 Naples. FL 33962 It was great meeting with yoo rcgardi~ ~ posm-I~ltty of'h~luding N~I~ ~ ~ ~ Silg f~ ~ ASA Pm T~s World ~~ ~ ~ ~ ~ fo~g ~ ~ ~ ~Is ~ ~hip wc ~ ~ng w~ ~r ~ ~. The ASA Pro Tom' is tl~e only profc~a] ~,~S~lve skating circuit in I1~ ~ Its athl~tes compcsc thr~o~ thc summcr In a s~rles of six~-, events for ~ves. $400~ in prize money and ~ints on ~he ASA's World Rankings m~ tl~ b~ s~ m~ tl~ plmc~ Only she top sk.~-, fr~n ~e year quzlify to eompe~ in lh~ Wmtd Championships. HOsting thc AXA Pro Toor'$ World Naples in ~ f~ of ~ ~ dsy ~ Pm T~r ~II ~lp m ~ Nap~ ~ f~l~s ~ ~ ~ i~1 m ~ ~ A~ ~t~ host sit~ of the C'han~,ionships, Nsp~ weald also ~. big pan of tie global Ix~blicity that the ASA Pro Tout l~'n~"~. ~ from llm dotr~.~sfi~ ~ espn2, the World Clm~i~i~ will be broadcsst to more than IT0 ~nttt'~es sttomxl ~e globe. MTY will also be st the event filming stor~ for M'TV In addition, d~e ASA is the sub'JcCt of a fu~ena~ ~ plctor~ which is being rcleased in 1998. A good dcal of the filminl for this movie ~I! be shot dmtnt lhe World ~ips. ASA will also !~ syndicating II~ l:~ogram lo · ~ net~m'k M'flflntt for ~ in I~8. And..o¢ to be o~crlookcd, every LXim and ¢lectrmic ns~dla company that follows skatt~ or extrcrne sports in thy way will be attending I~ ~ and filing'storles from and about Naples. Thc ASA Pro T~r's home video wo~d a~o ~ · ~n~at ~ of foota~ from Naples. Bnnging the cvent to Sancmuy Park has several other ~ advantages to the county:. I) a~ least 300 people will be corning from out of town fot Ibis evenl, who will need hotel root~ food, r~ntal cats, V,c. from Collier County businesses, and 2) having .~:talry ~ ho~ I~ most pask's cred~ility and iu future bminess.. To ssy,*om'ps~k hosted ~ ASA PmT~ Cham~ons~ips" is somali t~t no o~' ~ in d'm world will b~ sl~ so claim. '-'"-'"i sE, What the ASA Pro Tour is looking for d~ County to ptovid~ is fairly simple: · exclusive access to S:metum'y P~rk from October' 8 · actachmem to the vcnue'~ liability itaur~nc~ (~ol partichrant insatance)', · ali permitting and licensing for the event (Jnc;h~n~ l~'~tz, electt'ic~, food. tire, ~..); · help in advertising anc~ promoting I~ trent, inclucl~g ~ to tclrvisien, pr~ m~d radio relationships Chat the county has at its dLqlx~al: · help in accessing county and city schools to advertise and promote the cvem; · six labomr~ to help set up, sm'ice and run ~ event;., · stadium bleachers to scat approximately 21~10 spectat~; - wh;ucvcr tents thc county has at its d~isposaJ; · custodiul .~rviccs; · cvcm so:urJty (including overnight security to protect the venue when nc~ in u.se); · - a restricted acccs.~ parking area for thc event's staff, Vll)'s nnd skater% with parking attend:mrs; o usc o{' thc school's parking lc)( for ~cnend event · help with coordinating a group of local Yolunteer~ to work on thc o-vent; · len~porary o~ce spa~:e for 4 - 6 croat sta~cr~ (with access to phone lines, a fax machine and a ¢op~er) to work from for a one wcck period prtor to the event. · power for the event's clcctricaJ needs and an ¢Ioctrkian to oversee the dJstn'b~JtiOn of pow~ · PUblic mstroom Facilities; , an EMT on-sJt~; · help with build~ng or acquiring a ~r~o; · thirty (30) 4' x 8' tables and One Hundred Eighty (180) elmira. · help with securing a canopy to cov~ t~ concrete slab in case of w~ pmb~-ms. In addition, wc need to identify ~ area to move the event indoo~ in case of inclement wcazhcr. · Sixty Three Thousand Five Hundre~ Dollazs ($63,500). Because the event is non-ticketed, our ori4ite ~taff'nq atrcw ,,~hcrs to help with seating issues Ired a few security personnel to &,uard the VIP, skat~ and TV a~cas. The ASA dcx:s not have any specJ§¢ police or tqrc rcquimnmnts. A few ocher nccd to be clarified: · Pruduct sampling, display and sales by the ASA'S Iponsors will be perm~ttad; · All o~.sJtc concession rights durifl~: the evellt belong to lbo ASA; · Only ASA sponsors will be permitted at the event tmle~ approved in advance by the ASA. In exchange for thc~ items, Naples, Collier Com~ and Sanctuary l~k will recdve a formal comp~t~-n.~tvc benefits p~cknge from the event, which will L-ldad~ the followh1~: · Significant exposure as Host Site in e~ch of thc c~'s broadcasts on ~ mad eq~2; · Inclusion as the Host Site in all int~q'ttntlonal tale'el.den broadcasts vi' t~ Event (rnorc than 170 broudcasts expe.~lcc~: · ASA Properties will a&ree to shoot · feamt~ with the Tour's top ska~er~ tourin~ the ci~ and b~oadcas~ it on a worldwide basis; · Mulliplc in-bro-~ast audio/video idcnti.r~-adon of Naples as thc host site: · Identif~catim ts thc Host Site in any M~,~foota~e sk~ at the Event; · Tcicvislon visible banners identifying Na~ sad $~ Park as the host site; · Inclusion in ail local event print and radio adverting/promotion; · Inclusion in all national print and radio advertising/pmm~on of the event; · Inclusio~ m all national and internaltomd ix'eSs materials aboot thc ASA Pro Tour's ~sc~eclul~. · Six (6) acce~; p;~sscs to ho.~pitality functioris throughout I~c weekend: · Six (6) passes to the exclusive VIP Hospitality Deck; · Inclusion in thc ASA Pro Tour's web site; · Inclusion in ~he ASA Pro Toczr's Cl~oozbips draw sher~; · Four (4) public address annonnc~ments per ~y; · Signage on the event's electronic · Subs~,ntid residual cxposum in nH media sore, ecs covering the event such a~ Detaib Magazine and a vaziety of inlinc media cornp~J~t; · The opportunity to distribute T-sllh'ts, cads or ether ptc~,~ buadn% ~ vcnuc's name to run~r incre,ue telcvisio~ and on-site vidbillty; We a~e amenable to creating ways for thc County to tenet-ate some revenues f,v,,~ the event, such as through on-site food conccssions, local c'mlt sponsorsb~, ~nall pa-king fees, etc.: however. wc would n~d to clearly define those opportunit~ as soon as possible. This will bc the biggest event in the history of the ~ and will get. rate an Locred~le amo. nt of worldwide publicity and exposure for Naples,, CoLlier County and Sanctuary Park. Plea.e,e review thi.~ information and cot%tact me at 310-8'22-3348 with any que~lons. Thank you for your interest in the ASA Pro Tour. Pick Bratman Prcsidem I S£P 09' P T , , i TELEVISION INFORMATION Network: ESPN Network: espn2 Cover.,g~: 73 mil HH Covtwage: ~0 mil HH E.q. Avg. NTI: .6 Est. Avg. NTI: .7 F..~t. Avg. Share: 1.5 Esl. Avg. Share: I E.q. Avg. HUT: 38.5 Est. Avg. I4'UT: 49.5 H H Rc3ch/show: 438,000 ~ React~how: Avg..Co~/:30': $6,000 Avg. Cos~/:30~: $'2,500 ASA Pro Tour shows rate approxirmKcly 35~, higher than F. SPN's aven~ge r~flng during tl~ ASA's scheduled d3yp3xts.. The to~al nu,rsb~ of viewers ~xpectsd to ~ ~ ASA Pro To~'s Nnples shows is 4,291392 in tl~ US :done. OTc)ball),, ilth~gtl ~ rmmber ts lKatisttclHy vet'y difficult to n'~sure, it should exceed the stz8 of the US audience len.fold. These numbers do not include ~e domestic exposure on MTV or on a local ncswork affiliate., which has not y~ been determined. IN-BROADCAST VALUE OF TELEVISION EXPOSTJRE* Tclcvi.,gm ExposureI: Tclcw.,ion Feature:: $96.000 $4O.OOO $48.000 S20,000 Total Value of In-Broadcast gxposu~ (US' Only): Total l:~timated Value of f. nternationnl Television Exposure: · T~: ~t,o,,c vOJcs arc based ~ Jo,/~ Sullus snd Ass~clsm' NTIV (Nstionsl Tdcvbims lnq~rcsdon Viluc} f~'muli. IqTTV mcasmcs Ih~ Host $iV'S Iclo'isto~ csposun:, cquMing Ihsl numba and lbs numb,~ of ~mlxcssion~ m cbc co~t pc: :30 Kcc~ ann ~rlisinll me fo~ cash ~ 12~ ~veafs tdecas~ 1: The average amount of Mrne that Iha Hog Site receives via audio ov ~isu~l idmtiflcu~ion in an ASA Pro Tour broack:3st is approx~ly fora' minutes C4:00) pc'r hour. 2: Value of a one mintne (1:130) feature highlightin~ N~le~ into fora' ASA Tour broadcasts. PRINT, RADIO AND MLrLTI-MEOIA ADT'ERTlSl'NG VALUE Est. Newspaper Advertising wi~ Ntples Est. Radio Advertising and Promo(ion with Naple~ Exposur~ in the ASA Pro Tour Home Vklco:. Exposure on Promotional Mat~tls for ASA Pro Tom' Championships: Web Site Exposur~ on the ASA Sit~.. Inclusion in the Naple.~ Event Supplement: Inclusion in all national and intcr~tio~ Press Eu. Residual Exposure in oOgr forms of print and electronic media: ESL Residual Exposure in Ihe feature film being mad~ about the ASA: S30.000 S20,000 $14,000 $6,000 SI2D00 $3 S10,000 S20,O00 S40,04X) Total Print, Radio and Multimedia Value: S155,000e SEP 0 9 THE ASA PRO TOUR WORLD CHAMPIONSHIPS DATE: LOCATION: Oc~ol~r 11-13, 1997. Naples, FL at Sanctuary Perk. 'The event is bring Ix:Id in conjunction with the AS^',~ North American Arnatcur Cham_oionshios ~ welL TIMES DESCRIPTION: PARTICIPANTS: COM PETITIONS: · PRIZE MONEY: TELEVISION: ATTENDANCE/: TICKET PRICES: RESIDUAL EXPOSURE: MANAGEMENT: ~amrdax- October I I 9:00 AM - 10:00 PM Pro Vert Skating Pa:liras and Finals (Men and Women) Sunday. October 12 9:00 AM - 2:00 PM Amateur Vert Prelims and Finals (Men and Women) 3:00 PM - 9:00 PM Pro Strut Skating Prelims and Finals (Men and Women) Monday. October 13 ;i I 1:00 ~. 5:00 PM/~.-ur Strt. et Prelims and Finals (Men and Women) Fo~ ~ past three yeazs, inline skating has been th~ fastest growing .l~r~ in thc world. As part of its phenomenaJ development, a~ n~-w dLsciphne called aggressive skating (or trick skating) has taken the globe by storm tnd become the top growth suez in the ~ The ASA Pro Tour is the competitive cimuit on which ~ world's top skaters c~. The ASA features sixtec~ pro events in 199'/and includes the well-known X Games property on ESPN. This event, w~_hich is the World Chtrnp_ ionships of the soort and the bi_e.g_cst ~ycnt in ~ sport's history, will fe,slum the lop aggn~ssive ska~'~ in the world competing for the individual and t~zn championships on 0'~ pn:stigious ASA Pro Tour. Approxima~ly '70 skaters, Ixxh male and remade, will compete based on ~ f'mal r'~nkings throughout the year. In addition, the top 70 ~ s~tcrs in Noah Amcrica will compete in ASA's Amateur Championships lo determine the individuals who qualify for the 1998 ASA Pro Tour. ~ top amateurs will be invited to compete b~tsexl on their results on the 5'7 city ASA Amateur Circuit. Thc athlete~ compete in two disciplines: yen skating and attest .style skating. There is both a men's and a women's division. $30,000 in cash plus prizes The pro evenl will be tole'vised nationally in the form of Four (4) one hour shows on ESPN and espn2 in Prime-Time, MTV will be covering th~ Amateur Championships as an ~TV S[Jorts special. The Pr9 event will b¢ t¢lecasl inttarm~ionzlly to more than 170 coantries around ~ world. The event is expr~cl:ed to attract approxzmalely 25,000 spectators. Tickets are frcc of charge. A full-leneth foture film is b~ne made about the ASA and I great deal of shouting ~,i11 occur during the N~ple~ event· In addition, every inline · nd "extreme sports" publlcsfion will be covering ~his event, ~o the residual exposure for the host site will be substantial. Because this o, cnt is the la. rgcst in the sport's history, the glob~l media coverage will be enormous. The event is marmged and o,p~a~ed by ASA Properties, the ptoduclion ~ et' the AgKrtssiv¢ Ska~'a Associag~ (ASA). The ASA is_~ Body that ove~es the sport of a~grr, ssive skating o~ a global ASA PRO TOUR ^dv~lising and Prom<xJon Scaffolding/Decks Tent Tops (includes ~n contingency) Truckin~ ...:. Enhunccmcnts to the p~'k's exluyment (l~lf i~pe & r~s) Staging Site enhancements Equipment rental Tnv~l RoteL~ Shuttl~ Production Traflcr N~v SiNge Enhanc~mems to TV' Production (sound & ~adle. am) $15,000 S15,000 SI0,000' S3,000 .. S3,000 SS,000 $2,000 S2,000 S2,000 SI,000 .:' .Sl.O00 $~00 TOTAL $"~,.qO0 7 I0 15 15 100 150 1~) 120 2.5 7 EXECLrfIVE ~Y 14~I-CA-01. question whkh resulted in broken crickt ~ ~ thai ~ fdl H a rmult of~ ~ d~e would rt~eivt $3,000 u a rain/nh.tm amount pm'haut to thls ~ q~enmt be en:/tled to a maxinnxn of ~0,000 u a result ofthe av'emmt gnd~ an agroemmt i~ of S3o,ooo. TI/s is a rusonable fillet for th/s the and it h m:eusnnxled that the Board accept Howevm*, in KkFstion to the above, the plahaiffhas made ahanatfvdy a demand in the amount of S I0,000 to settle thh case. It h estimated that the cost to try thh case will be S3,000 to $4,000. A ixtN/ous Offer of~udsment wu approved by the Board in ~ 1996 in the anoint of S3,O00. ~No~ Mr. Ds~l Brya~ ~-y for t~ Bot~ to pr~m-e those ~ ~ to dreca:me t~ PREPAKED BY: ~~ · DATE:..~ ~//~ '7 REVIEWED BY:: ATE: EXECUTIVE SUMMARY UPDATE TO THE BOARD REGARDING THE CONCEIrl' OF A JUVENILE DAYTIME CURFEW ORDINANCE AND REQUEST FOR THE BOARD TO PROVIDE DIRECTION REGARDING SAME OBJE~: To present an update to the Board of County Conmfi$~oner$ regarding preliminary research about thc concept of a juvenile daytime curfew ordinance and its legal ramifications. In addition, to receive direction from thc Board with regard to whether the County Attorney should fumliz= legal research regarding this subject and l~'epa~ and advertise an ordirmce for later consideration by the Board. CONSIDERATIONS: Pursuant to contact with the Honorable Franklin G. B~er, Circuit Judge, the Office of the County Attomcy has done preliminary research regm'ding the concept and legality of a juvenile daytime curfew ordinance. The basic purpose of such an ordinance is to supplement the school attendance laws by requiring juveniles under a specified age to either be in school or be out of school only with a valid excuse. It is believed that such an ordinance can conm'bute to reducing the rates o f juvenile delinquency. Prdimina~ legal research indicate~ that jurisdictions outside the State of Flor/da have enacted such daytime curfew o~. Within Florida some jur~ction.~ ~:h u Dade County, have enacted nighttime curfew ordinances. If the Board finds that such a daytime curfew ordinance would serve ~igniflca~t t<~cial and governmental purposes, the County Attorney can finish researching the constitutional parametera involved in enacting such an ordinance. FISCAL IMPACT: No direct fiscal impact other than County Attorney time required to research and prepare the ordinance, as well as oMinance advertising coats. Other agenciea may incur costs involved with implementation and enforcement GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: That the Board of County Commissioners consider the concept of a juvenile daytime curfew ordinance. Further, that if the Board £mds that tach an ordinance serve~ sound social and governmental purposea, that the Board direct the Office of the County Attorney to finalize legal r~search and prepare and advertise an ordinance for consideration by the Board at a future public meeting. Prepared ~ate: Chief Assistant County Attorney Approved By: ~ Date: County Attorney aaa -c 1997 EXE~ SUMMARY REQ~ FOR THE BOARD OF COUNTY COMMISSIONERS TO RECKIVE FOR THE PUBLIC i~CORD AN AMENDED CERTIFICATK OF TH~ COLLIER COUNTY CANVASSING BOARD RELATING TO TI~ MARCO ISLAND INCORPORATION ELECTION RECOUNT OBa'E~: To have the Board of County Commiszioner~ accept and receive for public record the Amended Certificate of the Collier County Canvassing Board certifying rettuns, based on recount on September 3, 1997, for the Marco Island incorporation election. CONSIDERATIONS: On August 28, 1997, the Collier County Canvassing Board publicly canv'azr~ the Houso Bill 1729 Marco Island Incorporation votes for the mail ballot election held on August 28, 1997. On September 2, 1997, under Agenda It~n 9('B), the County Attorney present~ a certificate of the Collier County Canvas.~g Board certifying the returns from the election. In the interim, the Supervi~ of Elections discovered an apparent discrepancy which, in the opinion of the Elections Supervisor, warranted a recount. The circumstances of said recount are further outlined in the amended report on conduct of election included in the attachments to this Executive Sununmy. Said recount was held on September 3, 1997. The results of said recount ar~ pre~.-mted for your review and acceptanco into the public record pursuant to th~ Amended Cerfifica~ of Collier County Canv~g Board. Three additional pages ofr~x~ts m'e also included. FISCAL IMPACT: None. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: That the Board of County Commissioners review and accept for inclusion in the Board's records the Amended Certificate of Collier County Canvassing Board, the amended r~ort on conduct of election and three pages of reports regarding the election. Chief Assistant County Attorney Approved By:~ Supervisor of Elections 5EP 0 9 I'~._ M~ lg. lg~7 in orc~ t~ c~u~ ~iid PtJ~ to tmoom~ corml~mX wl~ b G°lll~ ~ GMP. GROWTH MANAGEMENT IMPAGT: 1997 CURREm' PLANN~ SECT]ON 199; TO: FROM: M~ORAN~M COLLIER COUNTY PLANNING COMMISSION COMMUNrI"Y DEVELOPMENT & ENVIRONMENTAL SEF6/ICE~ DATE: AUGUST 11, 1997 RE: PUD 89-14(1) BREEZEWOOD PUD Fmdrick FL Pauty. Tnmee Psu~y EmPty 86e gT~ Avenue No~ Robert g Duane, AICP Hole, Morges & Assodates 715 Tenth Street South Naples, FL 34102 ttmrefom, pursunnt to ~ 2.7.3.4 of Ute LDC, the rm,4sed PUD docume~ t~'mll be reviewed for consistency with the Future Land Use Elernm~ of the Growth Mane ~nent ......... SEP 0 ~ 1997 GEOGRAPHIC LOCATIOI~ LOCATION HAP SITE HAP ~URROU~O~NG LAND U~E AND ZONING; 7.4+1- acre ~ ~te; zoned PUD Irnmoka~ Roed ROW; ~ which is ~ Unk'nproved pmpeety zormd A & 1-75 RO~ ~', ~.,.---- SEP 0 9 199: 2 I West- A smaff pm.~el zoned A & lt~ Donov~n ~ PUD. curm~ unexcited Env~onmental Irn~c~ Statement was no~ required. 1989, the pn3~er~ w'as mzoned from ~ (A-2), to~t~ Breezewo~ PUD. The max~mm~ denstty fo~ the 7.40 acre s~te wss de~cr~>ed ~s 130 unit~ °n a 4'79 ~cre trac~ The BC~, purlu~mlt to ~::Uorl 2.7.3.4. of the I-Ind Developme~ C°de' Tkrle Umits f°r ~ 19, 1997 in order to cause said PUD to ~ consistent w~ ~e Colgm' County GMP. Slaff re<:ollxTtefldl Ittat lhe CCPC forward Petitto~ PUD-89-14(1) to the BZA with for approval. EP 0 .,c ~, FRED ~ PLANNER II CURRENT Pt. ANNING DATE ROBERT J. MUI.J'IERE, AICP, MANAGER CURRENT PLANNING ~ w. ~u~ou~. ~cP, o~m~c'roR PLANNING SERVICES DATE DATE VINCENT A. CAUTERO, AICP, ADMINISTRATOR DATE COMMUNITY DEVELOPMENT & ENVIRONMENTAL 8ERVlCES Petition Numbec. PUD-S9-14(1) Staff mpa't for ~'~e ~4, 1~7 CC, PC rneetir~g. This Pet~ has tentattveh/been ~edu~ fa' ~he September g, lg97 BZA Put~c Hearing. Collier County Ptanntng Commission: MICHAEL A. DAVIS, CHAIRMAN PETITION NUMBER ~ DATE '" '" ' I~ ; .... · COM~UNXT~ DEVEhO~ DI~IBION Name of A~l~t(l) ~. Yte~ Pauly, T~ltel · City ._~ S~ate norida Applicant's Telephone Number: Res.: .-- 2ip BUS.: (g&l) $97-8111 Is the a]:rp, licant the owner of the subject property? ~ ' Yes No -~-- '(a) If applicant is a land trust, so indicate and name ben.efic.iaries below. (b)' If applicant is corporation other than a public -- corporation, so indicate and name officers a~d major stockholders below. ; limited partnership -- (c) If applicant is a partnership, or ocher business entity, so ir~icate an~ name principals below. ----- (d) If ~pplicant is an owner, indicate exactly as reoorde~, and list all other o~mers, i£ any. (e) If applicant ts a lessee, attach copy of lease, and -- £ndt. ca~ actual owners if not indicated on ~he lease. (f) If a~plicant .is a contrac~ purchaser, attach copy of -- con~.ract, and indicate actual owner(s) name and ad~.ress below. (-~ space s ~ate, at~a on separate page.~ Holt, ~k~es i A~sociaces Name of Agent ~ober~ L. Duane Firm Agents ~ailing Address 715 Tanch Szree~ South City N__~es State Florida Telephone ;Number: Res.: Bus.: 3&102~- SEP 0 $ ! DETAILED LEGAL DESCRIPTIOH OF THE PROPERTY. COVERED BY THE APP~ZCA?ZON (Z~ space ks ~nadequate, attach on separate page. Z~ request involves change to ~ore than one zoning district, include separate legal description for proper~y involved in each dis~.rict. If proper~y is odd-shaped, summit copies of survey (X' to 400' scale). TH~ AI~LICA~ IS RY~PONSIBr-p- I~R SUI~LYZNG THE ~ LEGAL DESC3LTI~TON. IF ~ONS A~XSE CONCKR2FA~G THE LE~%L DKSCRXPTXON, AN ENGZNEER'S ~C:XTZON SHALL BE REQUIRED. SECTION 30 T~:~IqSHIP &8 South RANGE' See attached PI~ ordinance. Size of propex~y ft. X ft. Acres 7.4 Address or location of subJecl: properl:y l~ediacely vest of X-75 and Xamokalee Road - South Side Existing land elevation ae be X County Flo~d Criteria Elevation zl 1 Date subject proper~y acxiuired ( ) or leas~ ( ): day of ~, 19 If, Petitioner has option to buy, indicate, da~Aof option: . H/A and date option terminates: "' Does property owner own contiguous property.to ~he subJe~ proper~y? If so, give complete legal description of entire contiguous property. (If space is inadequate, it~ach on separate page). N/A THIS APPLICATION IS INTENDED TO COVER: (Check w~ich type of petition your are requesting): ' A. REZONING: PRESENT ZONING PUD REQ~ ZONING -- B. CONDITIONAL USE ____~A OF ~ ZONING FOR SEP 0 1997 REASON ~ ApPLICaTION SHOULD BE APPROVED (At~ addi~onal in i~ c~sis~eu~ ~th the 13. 14. iS PROPOSED USE PROHIBITED BY DEED RESTRICTIONS? IF ¥~S, PROVXDE C01~ OF THE DEED RESTXCTIONS- No _ IF SO, TO IS THIS R~ A RESULT OF A VIOLATION? _ WHOM WAS THE NOTICE SERVED? LA~ wzJ~? x~ so. z, WHosz ,~ _ ./A - ARE THERE EXI~I~NG STRUCTURE~ ON THE PROPERTY? N/A __ CBS._.___., ~----------' ~OBILE HOl~ -' We, ' =------=- being first duly sworn, ,, herein and ~i~ ls .~e ~3~_~. in ~is ~li~ion, and'all all ~e ~ers ~o ~e qu~,~?- o and ovled · and belief. X u~ders~and this application ~ust our kn _ g .......... '-arin- can be adverCised~. X comple~e~_an~ ac~.a~e.~e~_~_-_~ .. ~u~ re~relentative tn any ~[~m~aher pex~it t~· unaersxgne~ T..U .,..... -- ,-- hatters reqa~ding this Petition. /x.-...,,.r,~ / · SIGNATURE OF OWNER SIGNA~REOF AGENT S~at· of Florida County of Collier for o A lication was aakn_ovled9ed beC_ore The ecl in9 PP ~ . v./ ., WhO ~·onally k~novn '?o ne ee~u~-e~m~ .... ~d whO ~ (d.id not) __.. sv~mvA ~s~c~o ( xgnature Ny co~ission ~xres: ~.'~ WALTEK A ~.EH}d ~120 (PJADAI.UPR 1~ PUNTA GOi~DA lq. 70COW~ ST 62~0 ~ (}A'I~ FAKKWAY NAPLF~ Pt. ~1116 ~17 LAK~ l. Oq.)l~ CIR BI2 #102 ~ Pt. ~4110 DAVID i~"I'SBt,R{~ PA 1~206-1421 ~ PAULY NAP~ FL. 4345 'm0&lAS 13KIVE PA~AI~A CITY ~ FL 324O8 ~X3N THATC:ltZP. PO BOX 3"/0129 MIAJd~ FL 33137-0129 WBqTEZIIAVEN Fl, 33#4 691 YOtlf. ~ ~ FL ~4109 {~VAUOHN 1392 FRANK V/I'flTEMAN BLVD JO, PL,I~ FL ~4103 SEP 0 $ ~ ! 2 6 ? 10 11 12 !! 21 2S 34 41 44 4~ #I. IF.P..EAS, off #o~e~bel: 19, 1996, the ~ard o~ ~y o~ Collier Co~y, Flogt~, ~gsuaflC ~o Se~t~ 2.7.3.4. County ~nd ~vel~n~ C~e dtge~ the pg~y ~eg F~ck 1 Fiuly, T~s~ee of P~uly Realty, lflco~rl~, the devel~= of the nreezev~ ~D, co ~nd OrdLnaflce g~r 89-9S, al rended, the B=eez~o~ ~llnned Unto ~el~nc ~c, Lflco c~l~lflce v~ch the Co111e~ C~cy Gr~h ~gmnC ~lln ~ye~c C~ &fid ~teJencLng r:e~LcR R. Flu~y, T~lCfl, ~cLc~ the ~d ot C C~ssione=s co change chi z~iflg claJst~i~Cl~ ot the hegein delc~ibed zeal N~ T~~ S~ IT OR~X~D BY ~ ~O OF C~ ~ZSSXC OF CO~IER C~, l~ced in Se~i~ 30. T~hAp 41 ~, ~e 26 bn, ~llie~ he=eo~. ~e OfficAal ~o. ing A=las Hap fl~r~ ? JO II 12 15 19 21 O~diflance #uad~r 91-102, the Collie~ County Land Development Code, As hereby amended accordingly. . Ordinance Nmd:)ir 89-95, es ~ended, adopted on December 19, 1989 by the Soard et County CmmAssioflers o£ ~llAe= C~y, As hereby r~oled ~is OFdiflaflce shall ~c~ e~e~ive ~llie~ County, FloFida, this ~y of ., 1097. A~: ~D OF ~ ~XSSX~ APPROVED AS TO FOIU4 MID LF.~ SUFFXCXI~qCY ~Ol~g, H. STUDENT ASSXSTA~T COmFiT ATTOP~L'Y BY: -2- $EP 0 9 1997 B~OOD FLANNED UN~ DEVELOPMENT I-]]vfA FILE NO. 88.101A ~By Hole, Monks ,l~ Associates, Ina. 715 I0~ Street South Nsples, ~ 3394O 199'7 ;Xhtblt "A" SEP 0 9 1997 SECTION I STATEMENT OF COMPLIAN~ .................................................... I~OFf~TY OWNERSHIP, LF~AL DESCRIPTION, SHORT ~ AND UNIFIED CONTROL ................................................... SECTION HI STATEMENT OF INTENT AND FRO~.CI~ DESCRIPTION ..................... SECTION IV G~ DEVELOP~ REGULATIONS ....................................... 4-9 SECTION V ~r/RONM]/NT~ STANDAR,DS ...................................................... 10 SECTION VI TRANSPORTATION RE(~~ ................................................. 11 SECTION VIII WATER MANAGEMENT REQ~ ........................................... 15 EXHIBIT B $£P o 9 mi SECTION I STA~ OF ~ TI~ subject propen~ i~ located on the ~ corn~ ofd~ Innnolud~ P,z~l m~d 1-75. This su~gic lotions allows fl~ site supaior ~ for tb~ pl~nncnt of counncrc~ -1- SEP 0 9 1997 2.1 SECTION Il PROPERTY OWNERSHIP, LEO~ DESCRIPTION, SHORT TITLE AND UNIFIED CONTROL The East ½ of the We~t V~ of the N~ ~ of the N~ ~ of Secgon 30, Township 48 South, Range 26 East, Collier County, Florida. 1955, and nsxn~kd in D.B. 43, Pa~e 243, Public ~ ol c:° ~nn~y It is th~ insmt ofFr~ltick R. PsulY, Trns~ t° d~d°Pa Flamed~~ °f -2- SEP 0 9 SF. CTION III STATEMENT OF INTENT AND PROIF. CT DF. SCRIPTION 2.1 It b ~ dev6opcr's hxt~t to establish t Planned ~ ~ ~~ It is the purpose ofdgs docmneut to set forth flexible l~gde~ for ~ l*~i~, dev~Io~ ofii~ A. Regulations for development of Breczewood Unit Development shall be in ~xmtancc with the contents of ,~( ~ the PUD - Plsm~ Unit Devel~ Digrict and other applicable sections and parts of lhe Collier B. Unless ~ noted, the definitions of all terms shall be the same as the ~~ ~.~ ford~ ~n e~e hDC in for *,be dcvel~ of The Br,~zewood Unit IX*w.l~ shall bccome ~ of -:3- $EP09 ~ 4.1 4./ 4.3 GENERAL D~VELOPMENT KE~TIONS 4, -4.. SEP 09 1~. 0 10. I1. 12. 13. 14. 16. 17. IS. Ic~ cream stol'~. music stores; minor automobile repai.r work. (in accord,race v,'kh the standards of'Section 2.6.10 of the ~. Office - general; ot~e supply stor~. 2.~.10 or'the LDC); prof'mional l~tio taxi tel~*vi~on sales sad ~ ratio radon (offices and studios), -5- SEP 0 9 19 4.4 19. 20. Vm-ict~ s',m~s; vehicle rcnt~ - tu~nobi]cs ~ veterimri~ o~ces faxf clinics - no outside kcnncls. Warchoush~ and wbol~ uses sod compenble uses. Cotmnctcial .Tnct I ~ - Tract ~A.~a ~Area Tot~ Arcs 2.63 Acres 3.06 Acres 1.12Acres 7.42 Acres allowed in ~ with the l:~:~visions of Section IV, Subsection 4~ of ~ PUD ~ The Molel/Offlce Tract II will allow a maximum of 50,000 ~ -6'" 4.5 Gt~'iRAL D~-v~oP~r REGULATION?, Side yard s~back - Twenty-five (25) feet. A zero (0) setback is permil~d from ~ edge of the Conservagon ~ A z_-ro (0) ~back is ~ fi'om the Tract I/Tract Il pt'ope~ Rear ysrd setback - Twenty-five (25) feet. of thc building heists. J~llnirntma Floor Arm 1. Motel Uni~: Thr~ hu~lred (300) squ~m feet s~d not to exceed fiv~ ~und~d (500) ~ 2. All other comm~ uses: Minimum one ~ (1,000) I-lel ~ht -7- ! ISEP 091 L. Tl~ B~ ~ U~t~ ~ be ~v~:t to S~:doa L7.3.4 c ~ LDC, TLv~ Lknk~ for Approv~ FUD ~ ~ ~xl Sec~ioa 2.7.3.6 Amendmen~ to this ~ snd master plan shall be i,ummg ~o Sectk 2.7.3.5 of the LDC. -8- ! $EP 0 9 -9- SECTION V ENVIRONMENTAL STANDARDS T~~ ofd~ S~/o~ i~ ~ ~-~ fonh~ =~mm=ml ~ of the p~ect. provided in accordance with Sub Section 3.2J.4.73 of the CCLDC. In th~ event priest does not ~ p~anins, a~l conser~~on sr~ shsn be recoded, ~ e~iv/or to Collier County wi~h no r~x~"~ih'ty for mdumm~ mi rabj~ m ~ uses ~d 1Lin/m/OhS similar to or ss per Florid~ St~z~ 704.06. The ~plic. ent shall be subject to all applicable r~luimnen~ oft~ Collier Court Growth Mmagement Plan and LDC, inclndin~ fl~e requir~ents of Division Vegetation RemS, Protection and Pr~sa'v~on. coordine~ the dcsign of~e ~ ~snd site plans of fids sudt adjsc~,n dcv¢lopmcnI to g'~ wcst on ~b~ joindy h~ld w~lsnd. Ce -10- J SEP 09 ~ 6.1 6.l SECTION VI e e ~ u mtuimi by ~ 316.0747, Florid~ $~ ce~ificxt~l of~ ~ ~ Accm into e~ch u~ ts sbawn on the coocepm~ P.UD-Miner Plan SEP 0 9 ~ ?.1 and/or sewage trmmetn facilities to serve the project are ~o be designed, cons',ructed, conveyed, owned ~ ~ ~ ~ ~ Collier County Ordinance No. 88-76, as amended, and other applicable site waste and/or sewer fac/Uties s~ available to serve tbe project. ~ The s~zema~ nnm be legally ~ to tbe County, priar to em sppra~ of c~'a~m doc~m~ for the l,mject and be in confotms~ whh e~e requizeme~ of CoRier Coa~ Ordinance No. ga- 76, as mncnded. -12- SEP 0 9 1~, Prior to appwvsl of con.vauctioa docum~As by ~ Coutay, fig IX'vdoper must present veriEr, aEon pursuant to Chap~ 367, Florich Ststues, that the sewerage facilities of the District in the Immokalee Ro~ rights.of-wzy'. The force main must be ~ended from the main on-site pump station to the west right-of*way line of Immokalee Road and ~ It must be interc, onn~ W the pump stztion with ~ately located valves to permit simple redirection of tl~ project's s~-~gc when conne~on to a) b) developer during the d~ign plme ofthe project. .13- SEP 0 9 1c. &. - ! SEP 09 MANAGEMENT - 15- , SEP09 ~J97 -1 - -- ~' ~ ~'i111~ ] activities". CONSIDERATIONS: offices from hnpscfina Dzmna Street. No us~ of land can ao~ess Doma Street which tn psrt Futur~LmdU~Lri~m~pmvi~ fc~~ indust~~~m~ w~mu~ element~ of the ~d;P. Thc ~ct of adding sn nddit~na] uoe ~ ~ ~ ~ ~ ~ ~o)~~of~~~~~. ~~~h~~ , SEP 0 9 '199~, ~ ~nendmcnt by ~ of itself will have no fiscal ~ on the Count. H~, if ~ GROWTH MANAGEMENT IMPAC~: In view of the ~ finding~ mff find~ that there i~ no negative or other Dev¢l~ pcmfiucd by the approval of this petition will be subject to · comnnTmcy review ~ the prov~om of'ibc AdcqxLIte Public F~cilitie~ Ordinznce No. 90-24 ~t the em-liest or m~t to occur ol either fmxl SDP ~ tiaa] pht tppx-oval, or buiJdin~ pex~t inumce applicable to thif devclopmcnt. HISTORIC/ARCHAEOLOGICAL IMPACT: Staff's analysis indi~ that the petitioner's properv/is located outride m m~ of historical an~ srchaeologic, tl probability as rcf~ an thc offichl Collier Cou3ty Probability Mzp. Therefore, n~ HistoricaVArr. b~logical Survey and Assessmcnt is requim~ PLANN~G COblMISSION RECOMMENDATION: Tbxt Petition PUD-91-1(I) having the cffc~ of mnendin~ the Radio Squm'~ PUD wb2--]e rcpcali~ a~ 2 DAT~ ~ONALD W. Ai~OLD, AlCl~ pUD.91-1(1) EX ~JMMARY~md TO: CO! FROM: DATK: RK: OWNE~AGENT: Agent: )RANDUM COMMISSION COMMUNITY DEVELOPMENT SERVICF~ DIVISION FEITI'ION NO: PUD-gl-t(t), RADIO SQUARE PUD Thomas E. Killen Thomas E. Killen, Architect 2009 Trade Center Wsy N~Ies, Florida 34109 F.,~ L & Shirk~ A. Fry~ 4~$ Bo~i~ B~ch The Radio ~PUD is Ioc. sted on the south side ofRadio Rnad immedist~ west ofDonna Sttee (see iocstion rasp followin$ page). The amendme~ is for the singular ~ of allowing the d~velopment ora frsten~ orssnizafion o Surrmmding: North - South - "PUD" for a light industrial/business park type of dcv¢lopment. To the north lies Radio Road ~ land that is industrial in character (i.¢. Mini-storage war~houses, Forea'try Division of State Agricultural). Thc north ~id¢ of Radio Road in this sr~ is zoned Industrial. To th~ cast ~ across Domm Street the land is developed with a ~ingl¢ family detached mbdiviaiom The land ia zon~ P. SF-3. To the r~n:th lie~ the Westview Plaza a partially developed PUD in which the land usea allowed generally of a heavy commexcial nature. To the we~t the land ia developed with Industrially authorized u~a (i.e. Naples Building and Lumber Supplies. Thc Radio Squar~ PUD, was f'tm approved on October 8, 1991 (Ordinance Numbea' 91-95) as a light TI~ Furar~ Land Use Element providea for additional industrial type zoning tmd~r erit~a. When this PUD was approved it met that criteria, and thc. r~fot~ maaain~ consiat~nt with the Futu~ Land Use Nothing ha~ chan$cd six~e thai sppmval to call into question shy consistency t~laticrr~Mp with eleanetra of the G'MP. T~ act of adding m additional ~ae which meets the tramltional land use doe~ not give ri~ to any FLUE con~i~ taxiing. We do not find any other elements of the GMP incoraiWnt as s r~ult ofadding the use ors fraternal lodge. Not applicable.. EVALUATION FOR ENViRONM'ENTAL TRANSPORTATION AND INIrRASTRUCTUI~: Specifically, trarusportation engineering staff advised that development which included a fraternal lodge use of land would not significantly impact Radio Road. This is a PUD amendment even lhough the process is one of rezoning the land from "PUD" to "PUD". When we usc ,, re'zoning process to accomplish a PUD amendment, we do so to achieve · level of administrztive convenience becsme it avoids the requirement to tract amendments and their relationship to tl~ original document in order to trade-stand the totality of the regulations as they apply to the PUD zoning district. For this reason, staffis ofthe opinion that the requimt £mdings for standard and PUD rezones do not apply in recognition ofthe fact that, when the property was initially rezoned, the decision to approve the Radio Square PUD was baaed upon · prvponderanc~ of evidene~ and conditions which support the required findings for both standard and PUD rezoning actions. A comparison of potential impacts on adjacent property between a fraternal lodge and the curmatly authorized uses does not suggest that a fraternal lodge with its axvzillary uses would have a greater impact in terms of noise, odors, or traffic impact on streets serving adjacent land uses. It should be noted that the only relationship to a residential area is to the east of Donna $1azet The revised PUD does not change a commitment to designate a water management/lake featu~ immediately adjacent to Donna Street, thereby introducing an open space buffer of nearly' 200 feet between development on interior tracts within the Radio Square PUD and Donna Street. No development has occurred within the Radio Square PUD, therefore, no persons expectations can be abridged aa a consequence of prior development. In surm~ry staff'is of the opinion that a use of proper~ within the Radio Square PUD by · fraternal lodge will have no adverse effect on its adjacent land relations, when compared to the uses of land now authori~ The added us~ authorization does not in the opinion of ~ measurably change age level of s~s'ic~ relationship that was not determined consistent when this PUD was firtt approved, nor does the of property by · fraternal organization adversely affect the residential ~ to the ~$t of Dortna Strut to any greater extent than the currently authorized wes. That the Collier County Planning Commission recommend stapmval of Petition PUD-gl-lO) bclng · petition to repeal end rcadopt thc Radio Square PUD ss amended to include the use of property by s 'fraternal organization and their normal and customary accessory uses". SEP 0 9 RONALD F. NINO, AICP CHIEF PLANNIm PLANNING SI~VICES Dt~AR.~._~. DIRECTOR VINCENT A. CAUTERO, A.DMINISTRA~ COMMUNITY DEV. AND ENVIRO~AL SVCS. Petition Numba':. PUD-91-1(I) Staft'Rcpofl for August 21, 1997 CCPC mcctin& COLLIER COUNTY P ~L~/~COMMISSION: MI~ A. DAVIS, CHAIK~AN · .. FUD-91-1(I) STAFF DATE DATE DATE ~ $EP 09 ~ l~ame of Applicant(s) £arl h. and Sh£~ley A. Fry~ Applicant's ~ailing ~ese ~975 Bonita Beach Road -- Florida Z~p ~ ~91-0404 ~.= 4~8-6644 A~l~c~t~e Telephone ~r: Rea. = ~ Ie ~he a~li=an= the ~er of ~e e~J~ ~~ X Yea No .... (a) If applicant is a land ~s~, so ~~e aha na~ ~neficiaries ~low- co~ora=ion, so indica=e ~d n~ officers ~ ~Jor s~oldere ~1~. or o~er ~ineee en=i~, so ~n~i~e a~ n~e principals ~1~. X (d) If applican= ~e an o~er, ~ca~e exa~ly as -- recorded, and lis= all o~her ~e, ~f a~. (e) If a9plican= ~s a lessee, a~ch ~ of lease, an~ -- ~dica=e a~ual ~ere ~f n~ ~ca~ed on ~e lease. con~rac=, and in~ca~e a~ual ~er(s) ~e an~ address Fir~ Thomas E. Kille_~_~_~ch£ Name of Agent Thomas E. Klllen ._. Agen~ ~ailing Address 2009 Trade Center WAX______---------- City Naples State Florida Zip 34109 -- Bus.~ Telephon- ~1108 SEP 0 9 ! PUD ORDINANCE NAHE AND NUKBER: 91-95 4. DETAILED LEGAL DESCRIPTION OFT HE PROPERTY COVERED BY THE APPLICATION (If space is inadequate, attach on separate page. If request involves change to ~ore than one zoning district, include ----separate legal description for propez~c¥ involved in each district. If property is odd-shaped, submit five (5) copies of survey (1u ~:o 400' scale). THE APPLICANT IS RESPONSI~ FOR Sq~PPLYING THE CORRECT LEGAL DESCRIPTION. IF ~.STIONS ARISE CONCERNING THE LEGAL DESCRIPTION, AN ENGINEER'S CERTIFICATION SHALL BE ~. SECTION 1 TOWNSHIP 50 S RANGE._ 25 E The Northeast 1/4 of the ~ortheast 1/4 o~ the Horthwe~t ~__ Section 1, Township_~ South Ran e 25 East Collier County, __ Florida, less..______~he Northerl_y__50.O0 feet thereof. Address or location of subject property RADIO SQUARE P.U.D. Does property owner own contiguous property to the subJec~c property? If so, give complete legal description of entire contiguous property. (If space is inadequate, attach on separate page). No e TYPE OF AHEND~ENT= X A. PUD Document Language Amendment B. PUD Master Plan Amendment C. Development Order Language Amendment DOES AHENDHENT COMPLY WITH THE COMPREHENSIVE PLAN: . X Yes No If no, explain: HAS A PUBLIC HEARING BEEN HELD ON THXS PROPERTY WITHXN THE LAST YEAR? IF SO, XN WHOSE NAME? Earl L. & Shirle A._~ PETITION #: 97194 DATE: Resolution ~wo (2) year extez PETITION J: PSP 97-1 date 3/5/97 RESOLUTION , 97-8 10. ~%S ANY pOW~ION_ OF THE'PUD BZ~ .... SOLD AND/OR ' DEVELOPED? ARE ANY CHANGES PROPOSED FOR THE AREA SOLD AND/OR No. IF YES, DESCRIBE: (ATTACH . Earl L. & Shirley A. Frye being firs= duly sworn, We ..... _ ........ ~ the ~ropert¥ described herein and v~c~ is ~ ~J .... ,~,~ ~n a~lication, a~ a~A that all the answers to ~ ~ .......... ~is ._ er s le~en~ ~er atoned to a~ be c~Dle~ed and ac~ ....... our re-r~sen~a~ive in a~ ~tters regarding this Petition. OF ALL OWNERS ARE MANDATORY. Thomas E. Killen State of Flor£da county of collier ication vas acknov. Le~ed ~f~re me this take an oath. .COmmission {~ ...... l~ Commission ExpXres: PUD\DO APPLiCATION/mdi4128 AGEND~'rI'~ SEP 0 9 THOMAS E,. KILLEN Architect 8~ planner COLLIER COUtrl~ DEVELOPMENT SERVICES RTl/q: ROM NINO 2800 N. HORS~HOE DRIVE NAPLES, FLORIDA 34104 MAY 15, 199'/ ;997 AMEIqDME~T' TO RADIO SQUARE ORDINANCE # 91-95 DERR RON~ HEREMITH MAKE &pPLICATION TO ADD: HAVE YO~ H~ XN TIH~Y ~SINO ~XS A~XCATX~ MZ~ BE GR~Y A~IA~ BY MY ~I~- THOMAS E. KILLEN _~z ."e~ .......· ,'~-,--les Florida ~4109 · 941-591~150 ' Ce e 14. t~borator£es~ l£g~t ~nu~acturing and ~itbtn ~ully e~ st~tur~ T~l~t~l re~ar~ o~tces~ o~ce ~1 l~ratort~, clinic, treat~t at~ re~l~tive cente~ ~ere~i~, ~l~lt~, ~torage i~l~i~ c~rable ~, ~ly within k~l ~te ot{ic~; rmar~ d~i~ ~ Tr~r~ti~' ~i~ti~ ~ utilit~ Child care cente~; 1 3 6 7 I? 21 ~9 ~2 43 4~ ORDINANCE AN ORDINANCE A~NDING ORDINANCE NUMBER 91-102, THE COLLIER COUNTY LAND DEV£LO~ENT CODE, WMICH INCLUDES TRE COHPREHENSIVE ZONING REGULATIONS ran THE UNINCORPORATED AREA O£ COLLIER COUNTY, FLORIDA, BY AMENDING THE OFF/CIAL ZONING ATLAS ~4AP NLIHBE~D 0501N BY C~GING THE ZONING CLRSSIT/CATION OF THE HEREIN O~SCRIBED REAL PROPERTY TROH 'PUD' TO 'PUD' PLANNED UNIT DEVE~O~ KNOI~I RS RADIO $~UARE, FOR PROPERTY LOCATED ON THE SOtr~I~EEST CORNER OF RADIO ROAD (C.R. 856} AND DONNA STREET, IN SECTION 1, TOWNSHIP 50 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, CONSISTING Or 9.4 ACRES; PROVIDING FOR THE REPEAL O£ ORDINANCE NUMBER 91-95, AS AHENDED, THE rOARER RAOIO SOUARZ PUD; AND BY PROVIDING AN EF~CTIVE DATE. WHEREAS, Thomas E. Killen, Architect, representing Earl L. and Shirley A. Frye, petitioned the Board of County Co~nLssioners to change the zoning classification of the herein described rea~ property; NOW THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY COP~iISSIONERS OF COLLIER COUNTY, FLORIDA~ SECTION ONE: The Zoning Classification of the herein described re&~ property located in Section 1, Township 50 South, Range 25 East, Co11~er County, Florida, ia changed fro~ 'FUD' to 'PUD' Planned Onic Development in accordance with the PUD Document, attached hereto as Exhibit 'A', which is incorporated herein end by reference mde pa:t: hereof. Ordinance Number 91-102, the Collier County ~and Development Code, hereby amended accordingly. SECTION TWO: Ordinance Number 91-95, as araended, knouT, as the Radio Square PUD, adopted on October 8, 1~1 by the Board o~ County ¢~nm/aalonets of Collier County, is hereby repealed in its entirety. SECTION T~REE: SEP 0 9 1997 -~- . .~. _~l____ 7 $ I0 Il APPROVED AS TO roR~4 AND LEGAL ASSISTANT COUNTY ATTO~EY 21 23 TXI'IOTHY L, KAJ, ICOCK, CKAIi~AN -2- SEP 0 9 1997 FOR R~DIO SQUAR~ ~ Prepared For:. COLLIER COUNTY pI.ANN~G SERVICF~ 2SO0 North Horseshoe Drive Naples, Florida l'r~m~l By: THOMAS F,.. KILLEN ARCInTECT & P~ 2O09 Trade Crater Wsy Naples, FLorid' 34109 (941) S91-$150 Dste Reviewed By CO'C: ~_ ~,~r 19. 1991 ncc: SEP 0 9 1997 p~. /~, , TABLE OF COI~I'ENTS SECTION I STATEME2,rr OF COMPLIANCE ..................................... 1 SECTION II PROPI~TY OWNERSHIP. LF__X3~ DF__.SCR/FIION AND SHORT TITI~ ...... 2 SF. CI'iON m STATEMENT OF ~ AND PROPERTY DESCRIFTION .............. 3 SF_.CrlON IV GENERAL D~/ELOPMENT ~~ON~ ........................... 6 s~ON V .13 SE~ON ~ ~SPORTA~ON ~~~ .............................. S~ON ~ S~ON ~ WA~ M~AG~ ~~ ... 1~ s~ON ~ S~D~ION ~~~ ....................................... I ~ LIST OF EXHIBl~ A'I"T'A~ A - CONCEAL ~ 1~ I~ A'T'T'A~ B - LEGAL D~ON SEP 0 9 1997 SECTION I STATEMEb~ OF COMPLIANCE ~jc~ivcs ofColli~ C~ ~ s~ f~ in ~c ~o~ M~ PI~ ~s ~li~ ~I~: The subjcct property is ioca~d in ;m arca identified ns Uriah in I~ Growlh Man. cfm'hr Plan for Collier County. . Thc proj¢cl shaft I~ ia ¢ompliag¢¢ with zll applicable Coumy r=gulafioas iacludiag Growth M;magcnmm Plan. 'I'h¢ project will I~ served I~ a ¢ompl¢,~ rang= ofs~'vi¢~ and udliti~ ~ apps'ovcd Thc project is ¢omp=ible with ~jac~t land uses through the iatmml arm'gem~ o1' u-acts, thc placcmcnt ofland use buff'cs*s, ~ fl~c proposed dcvcl~ ~ comaincd lgr=in. The Planned Unit Development includes open spa~es and mmnl fealnres whlcb are prcsc~'vcd from furore d~¢lopmcnt in order to cnhatge llgir ~ functions and to On bis site, the project combine~ I~d uses, i~:ludi~g i~lusud~l ~md office usc~, wi~h cxtcmivc ~ spe~¢s md buff'ct z~cs to setis~t ~c ~uid~linc~ in ~c ~ Mnneg,:mcnt Plen l~x~ning to 4¢ mix le~d uses. Spcciffc'~ll~, ~bc proposed p~ojcct complics wRh fl~ Collier Coun~t O'ow~ M~cmcnt PI~n ~ follows: a. TI~ requested sc-zoning is in thc form ora PUD ~ rcquiccd. b. Thc proposed site is not"spot industrial" nmi is adjacent to ~ land z~ned industrial. '1~ i~'oposcd dcvclopmc~ is comp~iblc with ~dj~cut I~xl ~ in ~ Sp~ific dcvclopmc~ r~d~ md limit~io~ oa us~ Is~tc been ~dcd ia existing non-industrial type usc~ located ~oag Domm.Slrcct c~ ofllg projcct. SEP 0 9 1997 .:_ 2.1 1.2 SF. CrlON II PROPERTY OWNI!ICSI-tlP, LEGAL DESCRIP'IION, A.ND SHORT TITLE Th~ subject property is ~rrt~tly owned by:. Fad I,. Fry~ and Shldgy A. Frye. Tim subj~c~ property is desa'ibed in ~d"B" This ordinaxc shall bc known ~ cited ~ ~.e "Radio Squa~ Planned Unit D~¢l~-nt Ordir~ncc". STATEMENT OF INTENT AND PROJECF DE~"RJFFION 3.1 3.2 3.3 It is rig dcvcloix-r's intm to c~bli~ a Planned Unit Dcvcl~ for a Busincss Park. This ~in~ Pa~ will be a campus style nn-angcmcnt oflsild',gs, cobnivc ami m.'~hctically plcasing, containing a nmnbcr ofsci~n-~ olllcc, light m;~faclzr~ wholesale, and warebomh!g, ;md op~ space integrafi~ This project is, by design, to be compatiblc with thc ndjaccnt land uses. This rc~id~ial propcr~, placcmcnt o£w'atcr mauagcngnt fc~urcs a/ong l~ c~stcm cdgc of rig dcvelopag~ and through ~cmivc usc A. Rcgulallons for Dcvclopmcnt of Radio Square shall bc in accordance wi~ ~ contents of this docung~ PUD-Plam~ Unit IX'vcl~ District nad othcr applicable sectiom a~l par~ ofthc Collicr County ~.4~,dklnn~ ~ building pcrmit nppfic'-ation. ~;boald lhcsc rcgu/~t;ons fitil to M"ovid~ dcvclopmcn~ standar~ Ihcn thc provisions oflls~ most similar dls~rict in bbc B. Unless o~rwise note~ ~ defmi~ons ofall ~ms b~ Ilg san~ as th~ Code ia cftc. ct at tlc tim: oflmildiag permit applicatioa. Co SEP 09 199 3.5 D. ffn,.,-t specifically set forth or provided for in this ordinance, IJtca provisioas ofthc Collier County ' ' , ~ Code shall apply. Ci~ring, grading, earr~hwork, and si~ drainage work sl~Jl be performed in accordance with applicable Collier Courtly Codes and Ordinances and I~ standards and commitmcms of~is docung, m al.thc tlm~ ofconstructioa plans approval. whm qui d, studl be provided for walcr ~ arras, u~ilitics and o~,:r purposes as may be rcquirrd by Collier Couaty. All necessary ca~cmcnU, dedic~ons or other iastnam'a~ shah be granted lo insure the ¢ominued opcraion and aurin~'nanee of all servicc~ and t~litlcs. This will be in compliance wi;b applicable regulations ia eft'cci al lb= time co~,,'*uction plans and pla~ approv'aJs arc rcqucstt, d. 3.7 ,eu, ncn~ to this Ordinance and Master Plan shall be pursuam to Scctioa ~ ~viscd, = ~c time ~c Prior to thc recording ortho Record Plat, wh~ required by the -Reguta~ ~ final plato of~ r~qulrcd improvcmeau ~all reccive the approval of all appropri~ Collier Comty govcrnmemal agencies to insure compliance ~ It= PUD Master Plan, ofthc Stale of Florida. Amachmerg 'A,' PUD Ma~gr Plan, conalltmgs thg rgquirgd PUD Dcvgl~ Plan. Subsequent to, or coocurrcal with, PUD approval, a Subdivi$io~ Master Plan shall bc submlttcd for gao retire area covgrcd by ~ PUD Mastcr Plan. All divisio~ ofproperty and the devel~ ofl~ lam dali be in compliance with T~ provisions of,Se~ioa-14~ ~ of Ibc ~ Land SEP 0 9 1997' [RXtLqP. IILqlt..g~ shall apply to thc d~¥clopm~ o£all platted tragis, or parcels of land, as provided in said ,Seetiea40-3 ~.prior to fl,¢ issuam'o ora building p~rmit or oth~' d~lopmeal order. Thc ar~a illustra~d as a d mion ar~a on Attachrnc, nt"A" shall be a lake and it shall conform with thc r~qairctg'na of ' . ~. How,~w~, parts tha'~ofau~ be coastng~d as ~allow dep~ssio~ for water ~oa ~i~ f~ ~ ~d ~ ~i~ W~ M~ Di~i~ ~ in addition to thc various ar,zas and specific items shown in Amaciuuc~"A," casemcrc, s, as necessary (utility, priva~, semi-public, etc.), shall be eslablistmd within, or along, thc various tra~. 3.S ~ Radio .Squa~ PUD shall be ruquir~d to Side by any provisions in tbe ~ L.mad Dcvdopmc~t Code pertaining to sunsctting and monitoring as sebmdateg--fe~ i SEP 091 4.1 4.2 gECTXON IV GENERAL DEVELOPMENT TI~ purpose of'this section is to d~li,-g'-~ lt~ d~t~loi~n~ re~latlom fl~t accompany the PUD Mast~ Plan. Wher~ d~elopment standards are no~ spe¢|fiGdly prodded £or ~ ~s docmne~ npplicnbl¢ standards of~c Collier County ~ [.and Dev~l~ Cod~ shall apply. ' - 4.3 LA.ND USE I~$1TY AND PROJECT l~]]qO Tr=~-t 1 Tr=~-t 2-10 Tr'act I 1 '~ ~ t~ t~-~,'1.s of'land placed £m' dm~l~ wig~n I~is PUD. The ~.11 r-~ ofoffic¢ u~s will ~ ~ ~T~ I. T~ 2 ~lO ~ll ~ I~d ~ Ofli.~ us~ only Commen:e and mlaWd business park uses ~on/open spa~ only On Trnct 1, a m:vc~san floor nre~ r'~o of.35 foroff~ uses ~s pern~ed hs nccordancc v~ t~c provisions sct for~ in ~:ctlon IV. g~'~tim 4.4 ofg~s PUD document. Tr'~'tz 2 tol0 will allow a~ floor n~arnfio of.45 for all rises. ~ is proj~..d to b~ d~v~loped ova' a ~lx~iod or as mar~ conditions dict,~. 4.4 USE~ PERMrI'It~ No lx, ildin~ or ,l,'ucu~, or pat ~ drill b~ ~ altamd m' ns=d, ~r hnd nsed, in wix, lc or p'al, for o~,~,,, lh~ followi~ 6 SEP 0 9 jflllil:llllilll i11111 Ill llIIlll~l lllllllllJl! 1~1111 tllllllll 4. Laboratoricr, li~ tna~n~a~Sng a~l prod~ ~ly, o~ly wifl~n fully *nclose~l ~ 5. T¢¢hnolosical research offi¢c~, ottic, ~pl)' b~inc~c~, 6. Mcdicai laboralorlcs, clinics, In:atrnenl faciliticj, and n:scarch and r~habilimiv= ccnt,rr, 14. in¢ludi~ on~7-~.im ar~oar~oa and ~f~iio~ offoga alcoholic bcvgr~_ c~. ~ r~cr~atlormJ ~livi6~_ - Rc,;r~alo=l ~ ~ld ~r~ ~ ~1 ~ ~vihbl, for us, by cmpl~ ofl~si~ii Ioml,d ,villain I~ l~a~ilI, d or ~ use building~ ofl~i~ PUI>, SEP 0 9 1997 Co Any other commercial use or profe~slonal service wfilch is comparable ia nature with the foresoing u~es and whid~ ~ ~ ~ ~, or his dcsigncc, d~-rmine~ to be comparablc to and compatible with £or~going uses. a. Except ~ :Sctbac~ for Tract 2-earl 3 sba/l be Measured from thc Imlde Edge ofth= ~ Bufa'. b. From Yard. Twcnty-flw (25) fcct* ¢. Side Yard - Ten (10) fcct, cXCCl~ ghat no side yard dudl be lcss than fifty (50) fc~t ~rom any abutting residentially zoned loc d. Rear Yard - FiReen (15) feet, except thai ao re. yard shall be le~ than fifby (50) fe~t ~'om any abusing r~ide~ally zoned lot. a. Minimum lot width - On~ hundred (100) feet. b. Minimum lot size. I0,000 sq. fL o One thousand (1,000) square £ect As required by the Collier County Two ~tori~ or tw~'y-five (2~) ~ however, Trac~ 3,4, 6. 7 aad 8 ate permit~d two ~ori~ or lbirty-flve (35) f~et. None, or itprovided, ftfle~ (15) feet or e~e-l~df(1/2) ~ sam SEP 0 ii 1 I0. A twcmy-tiv¢ (25) foot buffs- shall I~ required aloa~ the ~ eastern edge oftlg project in accordance with the standards oflt~ Collier Comay any cmlfk--~tes o£o~~ for sttmaa~ and slnll be asiz, and ty~ which will iggu, ttg~ng and eighty (gO) lgrggtlt op~ity ~ ~ igight ofsix (6) f¢ct wilhin twelve 02) moal~ of~t~ date fu~ planted. As rcqulrcd by thc Collie' County No out~i&: storage or rcpair ofproducis shall be allowed on any tt-ac~. No loading and unloading to th~ ~ ofth~ lmild'mg ab~ r~idgmtlal u~s along the eastern property line.. Loading and reload'rog d~all no~ occur bcfore 7:00 a.m. or ~ 7:00p.m. Loading and unloading will only bc pcrmltz~d from angks onto ltg loading phZforms within enclosed swucturvs. 11. All wm-~hou~, wbol~aling, ~ra~, am/di~'ibutlo~ fagiliti~ ~all b~ ~ubj¢ct to a/I applicable Collie' Goumy lqoi~ IL"gulatlom. .mong me castcm cage oftl~ proje~ct to crvat, a great~ ~on between planned uses on this sit~ and residential usgs to ~ gag ofl:his Planned Unit Developmett 9 SEP 0 9 199', 14. open spaces areas to inane healthy plant n~,erial, ~ is free of'trash, debris, or any other uns|ghtIy conditions. No glar~ from ligfus shall be pcrmittcd beyond I~e boundary ofgm property and aJl lights shall be shielded nd oricr~d rewrde ee building to minimize impacU on adjoiaiag prol:~nict The intc~slty o£1ight shall be limited to a maximum of.-Ot.~ foot-candles. Con~ru~tlon vehicles shall be parked as far aw-ay Ii'om Donna ga-e~t as is practical during the course of¢~on. Burg, la- alarms shall be placed only ale~, ~ ~ side of~ beildln~ and shall be properly maintained at aJ! times. Should m,:tal buildings be erected on Tram 2, 5, 9 amd I0, g~y stzall be covered with a brick, stucco or similar type off-'adc on bo~ lbo nor~ .~.g~ and cas~ sides, ' · · fa~ae~~ for the pm-pos~ of~a~k~ compatibility with r~identlal proper~e~ ia the vi¢ialty oflbe prop~. Tr'act 3 sfiall havc a facade placed only on the north side mg-Tmei-~es '~. No such restrlc~ons stud! apply to Tn~ts 4,6.7, or 8. Front Yard - Fifty (50) f~'t t~'om I~ is~|de edge ofthe laod~cape buffs-. b. Sld~ Yard - Twenty (20) foot c. Rear Yard- T .wenty (20) 2.~ 10 $EP 0 9 199 o a. Miniature Lot Widlh - I00 b. Minimum Lo! Size. T¢~ o One thousand (I,O00) squar~ f~ (25) Hone, or ifscpa~ted, fiReea (15) feet or one-half(l/2) Ibc sum of the h¢ight~, whichever is greater. As r=quired by ~ ' · oCesg. Coil,er Courty ~ ~ As n:q~ir~d blt the ¢olli~' ¢oaay gi~a4~gs~ ~ - ~.Q~. Ia addition, rm wa/l signs shall b~ permlt~d to fro~ omo Domm Stn:~t and frec-sta~iag slgas st~a/! oa/y be igrmit~d oa ~ west sid~ of 0g l:n'opo~d offie~ buildklg. As required lay h~ Collier Courtly ~ so as to inm-~ a six (6) foo~ wi~in ~I~ (12) ~ of~ i~c~e b~ of~ (20) c~ c~ of~ office ~ild~ Thc office build/ag will no~ contala the ~ive me ofgla~. Colors and t~xtures will be rxnnpafible with residential muetanm and lac roofdm/I be ora hip and gablo type ~o a~ to lake o~ the ~ ora residential 11 I0. sm~mr~. Air condltlonln~ units for Trn~ 1 st/all b~ Io~'at~ away from residential structures. No glar~ from li/~ts shall b~ pormlttzd beyond g~ boung~ry oft~ prol~rty and all lights shall be shielded ~xl oriented towards ~he builgin~ to m/nimiz~/mpacts on adjoinhlg properties. T[~ be limited to a maxlnmm of,Ot ~ IZ A~ENDA~TI~M, SEP 0 9 199~ SECTION V ENVIRONMENT~ ~~ TI~ ~ of this sec~i~ is to set £orl~ I~ ~fipulatiou e~abli~,,d by t~ Eav~ Advisory G~-~ Petitlon~' fl~dl 1~ ~t~bjeet to ' ' B. Petitioner droll be mbject to ' · S~-Y3 'v' ' (removaJ of~xo~e P,'tltim~-r d~all b~ ~mbj~'l to lt~ Colli~' Com~ C~iw Pla, Policy 12.1.3 contained in ~h¢ Conservation and Coa~al M~ Eleme~ (discovery of aa wchaeolo~c~l or historical xilg, artlfacl oc other indicator of l~e~ervafion). D. Petitioner ~hall obtain and ~ait and federal permits. E. The applicant shall be ~ubj¢~ to all t~rviror~'t~ onli~a~ i~ eft'ca al I1~ same time ofdevelopme~ order ai~rovals. F. Thc ~pplie~ tirol! retain exi~ng nafiv~ vegelafiou ~ all pcop<~¢d Iz~t'et'~ R~.mion daall in¢lud~ ~11 ~r~ ~ The al~lieant shall ret~/n all mfive Tra~ ! 1, mien Ihe ¢ot~figumio~ oflb~ w-am' ~ ~ within 13 SEP 0 9 ~. ,,.~ 6.1 SECTION VI TRA1VSPORTATION REQUIREMENT5 Thc purpose ofthis section is to set forth thc Transportation commitments of the Project Developer. I. The developer shall provide arterial level street li~tin~ alt~ project cnlrancc. Th~ road impa~'t tee shall be ns set forth in Ordinan~ ~ ~ and shall be paid al the time building permits are issued unless approved by the Board ofCounty Conu'nissloners. 3. Access improvements shall not be subject to impact fee credits and shall be in place before any cevtificales of occupancy are issued, and slmll not be subject to impact fee credits. 4. AU-vafl~ ' ' ° 5. Access to the project shall be restricted to right turn-in/fight turn-out. 6. Thc median opening on Radio Road (four lane condition) at Industrial and Donna Street shall be clindna:d. 14 SEP 0 g VII 7.1 The purpo-~ ofthis scctlon is to sci forth thc ~ and uglitics rcquh-cmc~ which arc rcquircg offs project developer. Detailed p~ving, gradin~ sit= dralrra~, and utility pl~ sltgl b~ sulxnktgg to Project Review Services for review. No ¢onsms~o~ pcmdts droll tn issuexl and un~;l approval o£h~c proposed cmmn~oa ia ~ccordancc wilh I~ submiucd plans is granted by Project Review lSgrviccs. D,:siga and ¢oastngtioa of all imp~ow-agais shall b~ sabj¢~t to ¢ompli~a~ with g~¢ appropriat~ provisions of Og Collie' Coualy ~ Thc project shall be platt~d in accordaoce wiih ~ tl~ ofllg Collier comt to way and tracts as shown on ll~ PUD Master Plat Thc dcvclopcr and ' ' · - I'~'~:~/-OI ~ required lo rdlsfy 11~ r~quir~m~ of all County ordinanc~ or codes in ~t'~'~ prim'to or co~'urr~ with ;my subsequent dcvclopmcnt ordcr rclatblg to I~is site. This iecludcs, but is not limited to, Subdivisioa Master Plato, Site Dcvclopm~ Plato, sod any ocgel'. platted tract (not withla a right-of-w~) or withla g~e platted lets Ibal diroctly bacloJp to an o~site County, right, of-way, provided ~ ~ is not located within any utility or dr'aim~ eas~mmc All landsca~ bu~ea',s requb'ed by pcrmi~d, and ¢oaslzucted as part o£tl~ subdivision bqx'av'anon~ ~x'Ibo ~ojc~ 15 SEP 0 9 199 I. Scw'a~ collection, ~cwagg tran~p~ion, and ;r~rim xcw-agc Lrca~s~-~ £acili;ics ~o serve thc project arc to bc designed, cmmructcd, conveyed, owned, ~d maintained in accordance with Colllcr County Ordinance No. 88-76, as amended, and other applicable Cotm~ rules and rcgula~ior~, a~ applicable. 2. All custom~-~ connecting ~o the ~--wage collection f'acii;tlc~ to be will bc customc~ ofthe County and will be billed by Ibe County in accordance with the County's established raZex. Should ibe Courdy not be in posilion provide s~wer services to the project, Ibe sewer customers shall be cuslomer~ of the int=rim uIility established lo serve ;be project ungl the Com,~.v's facilities acc available to serve thc project 3. Prior to ¢onstcuction plato and plat approval, a Ict~c~- fi'om thc City oflqaplcs Water Did'let stating that the dlva'ict ha~ rz'vlcwcd and approved thc water facilities construction doeumcnt~ for service ~o the project dali be 4. Thc milltics c~ms~ruc~ion documcnt~ £or the project's sewage s'ystcm sfiail be prepared so tha~ a/I sewage flowing ~o thc Cou~y's ~pump station is transmlucd by one (1) main on-si~e pmnp s~a~ion. Due ~o ~e d~ign and comqgurazion ortho master p~ st,~o~ flow by gravity into the xta~on will no! be possible. Thc Devcloper'l E~necr ~fiaJ[ rncct with Cou~y sta~prior to commencing prcpar-~ion of¢ons~:uction drawings, so th.-e a/! aapcc~s sewage ~Tstcm design can be coordi~gcd with thc County's ~ master plan. 5. The ¢~i~ing off-site sewage ~as~ion C~cilifie~ ofthe d;~'a'ict must be cvalu.~¢d for hydraulic capacity ~o serve thix project and improved a~ requlrcd outside the pro,~cc~'s boundary Io provide adequate capa~ily ~o transport the a~ditiona~ ~ generated withou~ adverse impact ~o the existing transmission facilities. o 3ewer linc on-site will bc priva~ly owned and maintaitmd. Hom~owncr~ AssociaZion doctm~ must be provided with the flea/xi~ plan and provide for the property owncrd~ip and maintenance. 16 SEP 0 9 19 SECTION 8.1 TI~ purpose o£this section is ~o ~ forth the sl~pul~o~ establiVaed ~ ~ W~ M~~ A~is~ Bo~ ~i~ ~1 ~ ~d ~ ~j~ ~1~. ~1~ ~d ~il ~o~ of~c ~d c~~ ~ ~~c ~ ~ ~mined pl~ i~ ~d ~ ~c Projc~ R~i~ ~icc~ Design and construction o£aJi improv~m~nt~ ~aJI be ~jc~ ~ e~l;~ with ~c ~propr[~c provisio~ of~ Colli~ Co~ ~h'i;~ ~ ~=~ ~ E. xcava~ion P~mit will be required ~ the proposal wet rete~on area ia accordance with '~":~ ~' .... ,~--~:--- ~,T. ,,~ .,: Division 3.5 ofthc I~ Development C~d~ and SFWMD rulc~. 4. landscaping she. il not be placcd withla thc water ~ area.~ ual~ specifically approvcd by Project Review Service~. Prior to thc approval ofconstruc~on pla~ approve, pelitioaer ~ha~! provide aa analysis el'thc a~quacy ofthe rxiatiag &owrmmam awal¢ o~'-aile. Il'the awalo docs not havc adcqua~ capacity to handlc thc ruaoE; improv~amu dadl be made to make thc r, vaJe f]Jn~onaL Il'thc Corp=~ o£E~nc,~ claims part ortho det~on ama as weilands, the ly,.-titio,~--r shall obtain a 5ou~ Florida Wator Manageaz-nt District i~'rmit ~ curly work pormh prim- to comtmcfion pla'~ approve. However, il'~,ou~h Florida Waz~r M~ Di~rict d~nnlnes ~ a w~tlaz~ do~ not exj~ Collier County will issue thc surface water penniL WHIR~n cor~rmatlon to thi~ ¢~¢ct shall bc provided. 17 SEP 0 9 · SECTION IX SUBDIVISI~ EXCEPTIONS 9.1 The purpose of fbi, ~ection Street Names, Mark,-n, and Traffic Cona-ol Dcviccs: Walvc Ibc rcquircnm~ for street name markers, but traffic cm2fro! dcvi¢~t shall mcct thc U.S.D.O.T.F.H.W.A.M.U.T.C.D. Also, wa/ye I~ r~quir~nems fro' ~ p~vcment pa/ming s~ripln/, and r~flcctlng cd~ provided ro~l~ bavc a valley ~u~r s¢c~io~ ~ - ,Stt~ Right-Of-Way Width: Waiwd to a m/n/mum ofiO ~0 fool width ~. ~ - Curb Radii: Waived to a mlnlmmn 30 foot radiu~ htmmlly and a minimum 40 foot radius exltn'mflly. - Utility Casings: Waived subject m iastallation of utilities prim'to of pavement and base. - Monument: Waived th~ r~quirema~ fro' refertnge ma-kcr~ to be placed ia water valve covcr,t, subject to motammt~ im~allcd Fa accordance wir~ Florida Admini~'atiw Co6~ Rulo 21-HH-6. lg SEP 0 Th~ Norfl~a~ ~A ofth~ Norfl~ ~A of~ Norfl~ ~A of~'~ 1, Tow~ $0 South, Ran~ 2~ ~ Colli~ Courtly, Florida, ~ fl~ Norlh~y ~0.00 f~ APPROVAL OF A RESOLUTION APPROVING 'rilE PRELIMINARY ASSESSMENT ROLL AS THE FINAL ASSESSMENT ROLL AND ADOPTING SAME AS THE NON-AD VALOREM ASSESSMENT ROE. FOR PURPOSES OF UTILIZING THE UNIFORM METHOD OF COLLECTION PURSUANT TO SECTION '197.3632, FLORIDA STATUTES, FOR SOED WASTE DISTRJCl NO. t MUNICIPAL SERVICE BENEFIT UNIT SPECIAL ASSESSMENT ~ AGAINST CERTAIN RESIDENTIAL PROPERTIES WITHIN THE UNINCORPORATED AREA OF COLLIER COUNTY PURSUANT TO COLUER COUNTY ORDINANCE 90-30, AS AMENDED. OBJECTIVE: To have the Board of County Commissioners adopt a Resolutior approving the preliminary assessment roll as the final assessment roll am adopting same as the non-ad valorem assessment roll for purpose~ of iJt~T~z. Jn{ the uniform method of collection pursuant to section 197.3632, Florida Statutes for SOrKJ Waste District No. 1 Municipal Service Benefit Unit Special Aseessmen levied against certain residential properties within the unincorporated area o Collier County pu,'suant to Collier County Ordinance 90-30. as amended. CONSIDERATION: On December 19, 1995 the Board of Coun~ Commissioners approved an ordinance amending Collier County Ordinance 30, as amended, with the intent to place the Solid Waste Collection and Disposa Special Assessments on the non-ad valorem section of the tax bill commencin~ November, 1996. Staff is recommending that the Board adopt the attached Resol~ whict approves the preliminary assessment roll (on file with Records and Minutes Clerk to the Board) assessing certain properties within the identified areas in the unincorporated area of Collier County. Upon adoption of this Resolution all assessments shall be collected pursuant Section 197.3632, Florida Statutes, or any successor statutes authorizing th~ collection of such assessments on the same ba as ad valorem taxes, shall b~ billed. All special assessments (non-ad valorem assessments) up to $130 pe year for each Residential Unit for sor~l waste collection and disposal services in subsequent years shall be collected as non-ad valorem assessme~ on the tax bills. FISCAL IMPACT: $107.96 per equivalent residential unit. GROWTH MANAGEMENT IMPACT: NA RECOMMENDATION: The Board of County Commiesionem adopt lhe attache( Resolution approving the preliminary assessment mil as the final roll an( adopting same as the non-ad valorem assessment roll for purposes of ufl'lizinl the uniform method of collection pursuant to Section 197.3632, Florida StatUes for sor,:l Waste District No. 1 Municipal Service Benefit Unit Special Assessmen levied against certain residential properties within the unincorporated area o CoFfer County pursuant to Collier County Ordinance 90-30, as amended. PREPARED BY:~]/~,-..-~ DATE~ TereSa A. Riesen, Revenue~'~'nager Revenue Services Department REVIEWED 8Y~~~~~ __ J..,oh~ A. Y_onko~/, Revenue Ser~tc~-D~partrnent REVIEWED BY: ~ Leo Ochs_ J,. ,r Admin~trator Support Services, D.D.D~mion RESOLU~ON NO. A RESOLUTION APPROVING THE PRELIMINARY ASSESSMENT ROM. AS THE FINAL ASSESSMENT ROLL AND ADOPTING ~ME AS THE NON-AD VALOREM ASSESSMENT ROM. FOR PURPOSES OF UTILIZING THE UNIFORM METHOO OF COLLECTION PURSUANT TO SECTION 197.3632, FLORIDA STA'Tk/TES, FOR SOUD WASTE DISTRICT NO. 1 MUNICIPAL ~[IRVICE BENEFIT UNIT SPECIAL ASSESSMENT LEVIED AGAINST ~AIN PURSUANT TO COI. UER COUNTY ORDINANCE NO. ;0-30, AS AMENDED WHEREAS, tt~e Board ~a. ~r~r r~e~ ~ ~~ area ~ ~r C~ Was~ ~ a~ ~l W~ ~ No. 1 M~ ~ ~~~~ ~ b ~, 3~1 ~ T~ ~r 9, 1~. N~, ~OR~ BE C~ISSlO~S OF ~ Solid Waste Distr~ct No. I Municipal $ervtoe Berm~ Unit a~ par~ of ~ ~ ~ ~ a~ ~ ~ ~ ~~ ~~ ~ a ba~ ~ ~ ~ ~ ~ ~ ~ ~r~l fee for ~ ~e ~ a~ ~ ~ as ~ ~F~ Waste Ob~ No. I M~ ~ ~ ~~ ro~ (non-ad ~r~ as~ ~ ~ ~ ~ ~ f~ ~r~ Waste D~ No. I M~ ~ ~ 1~7~8 ~ $107.96 ~r Res~e~al UnR a~ ~ s~ ~ ex~ $130.~ ~r Res~e~l Un[ ~ ~1 ~ 2 9 I0 12 14 16 I? 2O 2! 2~ 29 ~7 39 4O 41 ~2 43 46 ~? LEGAL FOR DISTRICT ONE. Beginning at the intersection of Lbs Nert~ Uae of ~ecfion 6, T~wz~p 48 ~uth, ~nge 25 East al~ k~n as t~ ~-Co~er ~n~ ~e-~llier ~unty U~e ~ th~ ~.~a~ ~r ~ I~ T~hip 48 ~uth, ~n~ 28 Eas~; t~.,~ ~th ~ong ~e ~s~rly U~ ~ ~n~ T~nship 48 ~th, ~nge 26 Ea~ the~ ea~ al~g ~ ~tiona 19 and 20. T~nshlp 48 ~ ~n~ ~ ~t ~ ~e ~t~ag and 8 of T~hip 48 ~. ~n~ ~ ~ ~ ~ ~ ~ of ~uth line ~o~ 4. 3. 2 and 1 ~T~p 4~ ~ ~n~ ~ the ~theast ~er ~on 1. T~hip 48 ~. ~ 27 then~ ~h alon[ t~ east H~ ~ ~ 1. T~p 48 ~ 27 East: the~ n~h al~ t~ ea~ ~ ~ ~a T~nship 47 ~uth. ~n~e 27 ~t ~ t~ ~east ~ of~ T~nahlp 47 ~th. Ranffe 27 Eaa~ the~ eas~rly al~[ ~e ~th of ~ions ~. 20 and 21. T~ns~p 47 ~t~ ~n~ ~ ~st ~ t~ ~utheaat ~er of ~ion 21. T~ns~p 47 ~th. ~n~ then~ ~therly al~[ the west line ~ ~ and 34. T~nsh~p 47 ~outh. ~n~ ~ ~ast and ~ntlnuin[ ~t~rly a1~ t~ west ~ne of ~iona 3. 10. 15. 22. ~ and 34. T~p 4B ~t~ ~n~ the~ ~ a]~ff the west li~ ~ 3. 10. 15. ~ 27 and 34. T~nship 49 ~uth. ~n~ ~ ~t ~ ~ ~t~ ~ ~ 34; the~ eas~rly aloft ~e ~ ~ ~ ~ 34. ~ and ~. 49 ~uth. ~n~ ~ ~st and T~sh~ 4~ ~t~ ~n~ 30 ~theast ~r of~ 3G. T~hlp 49 ~t~ ~ ~0 al~ the ~n~r~n~ of ~,~ ~ ~-75); t~n~ ~n~n~[ alon~ the ~n~rline of ~ ~ ~-75) ~ t~ ~eaat ~er ~t~n 4. T~nship ~ ~uth. ~n~ 3~ Ea~; thenm ~ut~rly a~ the esst ~)on li~ ~ ~a 4. ~. 1~ 21. ~ a~ ~. T~p 9. IG. 27. ~ and 33. T~p 5~ ~ ~n~ 31 ~s~ ~therly ~ ~ east ~on H~ ~ ~ 4. ~. I~ 21. ~ and 33. T~nship 52 ~ ~n~ 31 ~ ~ ~rly ~g ~ eut ~i~ Une d~a 4.9. I6. 21. ~ and ~. T~p ~ ~ ~nty U~ ~ the e~ly a~ d ~ G~ ~ ~ Wea~rly and No~rly along ~ wa~ ~ ~ G~ of M~ ~-~ ~n~ Uae ~ng ~ ~ ~ d ~ ~ T~ 48 ~uth. ~n~ ~ ~st a~ ~ng t~ P~t ~~ ~ and E~ladea Ci~. ~. ~ and exit ~ h~ h~n~ ~ d~ in Or~nan~ No. ~. ~ amen~ ~ Upon sdoptk~ of INs Resolutk~ al em special 4+ as~.~.sments (r'~'~-ad valorem as~s'r~s) and al ~ as~ms'4~ in 5~ Waste Distrk:t No. 1 Munidpal Sefvtce ~ Llnll shal be celecled ~ te 52 Seclk~ 197.3632, Florida Ststu~. o~ my ~u~ce~4x ~ ~=dzing Ire ~4 t3xes sh~ll be biffed. SEP l! · lO II IJ 17 19 21 ~ The assessments shall be Final and conclLmlve ns to each ~ c~ parcel assessed and any c~ a~sessable Improvemer~ r~ so made shall be ~ aa waived, and If arty' objecU~ shal~ be made and ovemdad or shal not be sustained, the adol~m of a~d to t~ same extent as ttm lbo fo~ get'm~f cotmty tm~es paid when due shall be collected pu~uant to CI~pt~ 107, Flora Stntt.,~ in ~e s~rrm manner as property taxes ore colbcled. ~~ Tl.m Clerk is hereby directed to recorded co-,~ of I~is Resok.*~ and Itm sttnched ~*A" shal be rn~ Al'rEST: DVVIGHT F- BROCK, TI,IOn~L ~~ I SEP 0 9 1997 APPROVAL OF A RESOLUTION APPROVING THE PRELIMINARY ASSESSMENT ROLL AS THE FINAL ASSESSMENT ROLL AND ADOPTING SAME AS THE NON-AD VALOREM ASSESSMENT ROLL FOR PURPOSES OF UTIUZING THE UNIFORM METHOD OF COLLECTION PURSUANT TO SECTION 197.3632, FLORIDA STATUTES, FOR SOLID WASTE DISTRICT NO. 2 MUNICIPAL SERVICE BENEFIT UNIT SPECIAL ASSESSMENT LEVIED AGAINST CERTAIN RESIDENTIAL PROPERTIES WITHIN THE UNINCORPORATED AREA OF COLLIER COUNTY PURSUANT TO COLLIER COUNTY ORDINANCE 90-30, AS AMENDED. , OBJECTIVE: To have the Board of County Commissioners adopt a Resolution approving the preliminary assessment roll as the final assessment roll and adopting same as the non-ad valorem assessment roll for purposes of utilizing the uniform method of collection pursuant to section 197.3632, Florida Statutes, for Solid Waste District No. 2 Municipal Service Benefit Unit Special Assessment levied against certain residential properties within the unincorporated area of Collier County pursuant to Collier County Ordinance 90-30, as amended. CONSIDERATION: On December 19, 1995 the Board of County Commissioners approved an ordinance amending Collier County Ordinance 90-30, as amended, with the intent to place the Solid Waste Collection and Disposal Special Assessments on the non-ad valorem section of the tax bill commencing November, 1996. Staff is recommending that the Board adopt the attached Resolution which approves the preliminary assessment mil (on file with Records and Minutes, Clerk to the Board) assessing certain properties within the identified areas in the unincorporated area of Collier County. Upon adoption of this Resolution all assessments shall be collected pursuant to Section 197.3632. Florida Statutes, or any successor statutes authorizing the collection of such assessments on the same bill as ad valorem taxes, shall be billed. All special assessments (non-ad valorem assessments) up to $130 per year for each Residential Unit for solid waste collection and disposal services in subsequent years shall be collected as non-ad valorem assessments on the tax bills. FISCAL IMPACT: $110.52 per equivalent residential unit. ~ :is .~32,mo b.d~ GROWTH MANAGEMENT IMPACT: NA RECOMMENDATION: The Board of County Commissioners adopt the attached Resolution approving the preliminary assessment roll as the final m~l and adopting same as the non-ad valorem assessment roll for purposes of ufil'rzing the uniform method of collection pursuant to Section 197.3632, Florida Statutes, for SoFKI Waste District No. 2 Municipal Service Benefit Unit Special Assessment levied against certain residential properties within the unincorporated area of Collier County pursuant t,~Collier County Ordinance 90-30, as amended. Te(e/sa A. Riesen, Revenue Manager Revenue Services Departr;.~ent Joh'n~. Yonk0s~,'l~rector, / Reven~e Services Department REVIEWED BY: ~ ~t-('' "//"~ Leo Ochs, Jr., ,~/~inistrator Support Service.,,s Division OATS DATE ~////~,'~ SEP 0 9 1997 I 2 4 ? II ~2 16 I? 22 2~ RF-,~OLUTION NO. 97-__.___,____ A RESOLUTION APPROVING THE PREUMINARY ASSESSMENT ROLL AS THE FINN. ASSESSMENT ROM. AND ADOP~NG SAME AS THE NON-AD VALOREM ASSESSMENT ROLL FOR PURPOSES OF UTIUZ]NG THE UNIFORM METHOD OF COM. ECTION PURSUANT TO SECTION 197.3632, FLORIDA STATUTES, FOR SOLID WASTE DISTRICT NO. 2 MUNICIPAL SERVICE BENEFIT UNIT SPECIAL ASSESSMENT LEVIED AGAINST CERTAIN RESIDENTIAL PROPERTIES WITHIN THE UNINCORPORATED AREA OF COLUER COUNTY PURSUANT TO COLLIER COUNTY' ORDINANCE NO. 90-30, AS AMENDED WHEREAS, the Board of County Comm~lonem of Collier County, Florida, (hereinafter referred to as COUNTY), adol~ed CoO'mr County Ordinance No. 90-30, as amended, creating two (2) Municipal Sef~4ce Benefit Un~ in unincoq)orated area of Collie~ County f~ ~ purpo~ of providing and reguta~ng So~d Waste Collection and Disposal Services; and WHEREAS, the County intends to finance the Sold VWa~to Collecl~on and Disposal Ser~bes through the levy of ~oecial aa~m~ (non-ed es~essments) against reslden~al unitl aa defined in CoOler County Ordinance No. 9~.30, as amended, lhat are benefited by lite lo0d waste ~ and Waste Dist,,ct No. 2 Municipal Service Bene~ Unit aa det~bed herein and in WHEREAS, Section 197.3632, Fiodda Statutes0 mquire~ ~ · NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLUER COUNTY. FLORIDA. Ihat: written objections of the property owners and other interested perso~ appearing before the Board as to the propriety and edvtsal:~y of confirming and adopting t~ Solid Waste District No. 2 Municipal Service Ber~ffi Unit Prelknina~ lots and parcels of land to be benefited ~ as to the ~ of such assessments on a basis of justice and right, does hereby confirm such preliminary assessment roll which excludes certain residential unt~ that ere included in a homeowner's essociatio~ or property ovmer's essocla~m ltmt pats the commercial fee for sorid waste cotlectiort and disposal services for all such units. Further, the Board adopts ~ prern'ninary assessment roll and makes it final as the Solid Waste District No. 2 Municipal Service Benefit Unit assessme~',t roll (non-ad valorem assessment roll) for the purpose of using the uniform mettxxl of collection. The total special assessments for the ~ waste collecfJo~ and d'~posaJ services for Serif Waste District No. 2 Municipal Service Benefit Unit for FY 1g97/g8 la $110.52 per Residential Unit and in sutmequent years shall not exceed $130,00 per Resident~al Unit. The tolal esee~mer~ agalnat the benefited properties are descr~oed and set fo~ In Ihe pre,~nina~ assessment roll (non-ad valorem aseessment roi0 o~ file wtth Cle~ to the Bo~rd, Mim,'tes and Records and incorpemted herein as Exhibit 'A'. The Board hereby cor~wm the special assessments (no,ad valorem assessment) and the final assessment roll (no~-ad valorem assessment roll) which b o~ file ~ Cled~ to ~ Board ~ssassment ton) on file wffh Clerk to ~t~ Board, Mb-~tes ~nd Records nnd located w~in ~e SorK~ Waste Distric~ No. 2 Municipal ~ Benef'~ Unit ~ is more particularly described ns relieve: 7 I0 14 16 17 2O 22 2~ 24 2~ 26 2! 29 32 LEGAL FOR DISTRICT TWO Beginning at the northwest em'her of Ean~e 27 Eas~ ~llier ~unty. ~da; thenm e~t M~ ~ ~- ~ ~unty ~ne al~ the ~ns~p T~nship 47 ~uth. ~n[e 27 ~st; t~ n~ a]~g the ~- ~ ~un~ line al~ the rano ~ne T~nship 46 ~uth, ~nge ~ Easg t~ ea~ ~g t~ ~r- Hend~ ~nty Hne al~ the ~ns~p ~m f~ T~ 45 and 46 ~th ~ the n~heast ~er of T~ns~p 46 then~ ~uth along the ~er. Hend~ of ~nges 30 and 31 East ~ th~ ~t~ag ~r d T,~nship 49 ~uth, ~nge 30 East; then~ w.t a~g ~ ~P Hne f~ T~nships 49 and 50 ~uth ~ t~ ~w~ ~ ~ ~on 34, T~nship 49 ~uth, ~nge lines ~ the no~hwest ~er of~ 27, T~p 47 ~utk ~n~ 28 East; then~ west along the ~on ~nea ~ ~ ~th~ast ~ of ~ion 24. T~nahip 47 the range ~ne f~ Se~ion I, T~nship 48 ~uth, ~nO 27 ~sg the~ west ai~g the ~ctions lines ~ the southeast ~ of~on 5. T~na~p 48 ~ut~ ~nge 27 Eaat; then~ ~uth along the ~ion ~s ~ the ~east ~rner of ~ion 20, T~nship 48 ~ut~ ~no 27 ~ t~ west along the ~i~ li~s ~ t~ ~th~ ~ ~ ~ 19, T~nship 48 ~th, ~nge 27 ~g ~ n~ ~g ~ rano lines for ~nges 26 and 27 ~st ~ t~ ~ ~ ~T~hip 47 ~uth. ~nge 27 Easg ~ing the P~nt of ~nnin~ ~[.[~.J;l~--~ Upon adoption of this Resolution all the special assessments (non-ad valorem assessments) and all special assessments in subsequent years for Solid Waste Col~ctio~ mod Disposal Services within SOI'~ Waste District No. 2 Municipal Sewice Benefit Unit shall be colbcted pursuant to Section 197.3632. Florida Statutes. or any success~ stitutas authorizing the ;? collection of such non-ad valorem assessments oo the same bill as ~d valorem taxes sha[I be b~led. 39 SECTION FOUR. The assessments shall be final and conclusive as to 40 ea~ lot or parcel assessed and ar~/ objec~x~ against the making of any 4J assessable improvements not so made shal be comtdemd as waived, and If any 42 objection shall be made and overruled or shal n<X be sustairmd, the adop~k~ of 43 this Resolution approv~ the final assessments stml be at Itu find ad]udJc~lofl of the Issues presented unless proper steps shal be taken In a court cfi. I co. patent ~ur~iction to secure mlk~f within ~ f4 ~n ~ passage* 15 ~ Re~l~Jon ~ ~ ... d~ ~ ... _, 1~, 17 ~l A~E$T: ]e ~G~ E. BROCK, CLERK 2O 2! 22 23 24 27 2l 2'9 Approved as to form and legal sufr~:iency:. D~v~d c. w~el ~-- County Attorney BOARD OF COUNTY' COMMISSIONERS COLLIER COUNTY, FLORIDA BY: TIMOTHY C. HANCOCK, CHAIRMAN J A G[NOAJT£M_ · SEP 09 EXECUTIVE SUMMARY APPROVE AND ADOPT AN ORDINANCE TO AMEND ORDINANCE NO. 90~7, AS AMENDED, TO EXCLUDE CERTAIN ADDITIONAL AREAS FROM THE IMPOSITION OF SEWER IMPACT FEES QI~ That the Board ofCounty Commisaionera the Governing Board of Collier Coumy, and as Ex-Officio the Governing Board of Colller County Water-Sewer District, approve and adopt an ordinance to amend Collier County Ordinance No. 90-87, as amended, by amending appendix C to said ordinance, providing to exclude certain additional areas from the imposition ofsewer impact fees. CONSIDERATIONS: I. On November 27, 1990, the Board of County Commissioners enacted Ordinance No. 90-87, establishing a Collier County Regional Sewer System Impact Fees Ordinance and on November 10, 1992 enacted Ordinance No. 92-92, amending Appendix C addressing areas excluded from the imposition of sewer impact fees. The BCC directed staff to review the need to amend areas excluded from the imposition of water and wastewater impact fees. Staff'has reviewed this matter and is recommending that several specific areas in the County be added to the areas currently excluded from impact fees. Generally these areas can be characterized as large single fm'nily residential estate lots and rural areas not planned to be served in the near future. Staff is also proposing to add specific exclusionary language to cover the City of Naples, Florida Cities and Florida Water Services Corporation service areas. 3. Additional areas being excluded are shown on Exhibit "A" and are desen'bed as follows: AG Large residential estate lots such as those located within the Ridge Farms subdivision; Four Seasons subdivision; Quail Woods subdivision; Tall Pines subdivision; Coconut Creek, Unit 1, 2, & 3 aml Westview Plaza (South of Radio Road); the area north of Rad/o Road (St. Clair Shores Rd. and San Marco Blvd.); and the general area of County Bara Road where the formation of an assessment district has not bom $uc. cessfid and is comprised ofmany private roads. Bo The rural areas East of CR 951 within the Collier County Water-Sewer District. The certificated utility service areas of the City of Naples, Florida Cities (Golden Gate) and the Florida Water Servlce~ Corporation (Marco Island ami Marco Shores). Language included in the Sewer Impact Fee Ordinance provides that the exclusion from payment of impact fees is not absolute. Lands lying within the excluded areas which either are required to or request connection to the regional sew~ systems or otherwise creates a growth necessitated demand to expand the regional sewer system, shall be subject to the imposition of impact fees in the same manner as if said lands were characterized as sewer system impact development. Staff eslirnales that $520,000 in sewer impact fees hav~ been collected in the ar~s recommemled for exclusion. Additioagly, th~ r~-fuad ~g~ of the Sewer Impact Fce Ordinance requir~ the ~ of intere~ on refuaded monie~ at a rate of g%. Staffwill notify prolx-rty owne~ ~'ough f'u~t cla~ m~'l ~d Idverti~e in a local ~, thus reaching the prop,my owner~ within ~fied areas eligible for relume. Refunds will be made subject to and in accordance with County Ordinance No. 90-$7 as amended. FISCAL IMPACT: Ordinance 90-g7 allow for refunds of impact fees ifa'vice has not become available or is not planned to be available and proper documentation is provided. Approximately $520,000 in sewer impact fees have been collected in the subject area and will be made available for refunding based on Ordinance provisions governing refunds. The estimated interest cost associated with the refunds is $303,700. A budget amendment in the amount of $g23,700 reducing wastewater impact fee reserves and placing the funds in the appropriate budget will be required. GROWTH MANAGEMENT IMPACT' The potential refunds contemplated in the proposed ordinance amendment will not have a material impact on meeting the County's growth managem, ent commitments. RECOMMENDATIO~I; The Public Works Administrator recommends that the Board of Coumy Commissioners as the governing body of Collier County, and as Ex-Officio the Governing Board of the Collier County Water-Sew~' District spprove and adopt this Ordinance, direct staff to proceed with mailing notices ~cl sdverflsing the availability of r~nmds, proceed with refunding gwer impact fee~ ami ~ in accordance with Ordinance provisions governing refunds, and approve necessary budget amendment. PREPARED BY: REVIEWED B ~,.~i~. Finn, ~tions Direc~ Ed llschne~ Public Works Administrator ORDInAnCE NO. ¢/- ,.. AN ORDINA.'~CE A.ML~'I)I~G COLLIER CO~ ORDINA.s;C~ ~O. 90-$?, AS AME.'~I)ED, BY A.MENDING API'ENDIX C TO SAID ORDINANCE, TO KXCLUD£ CERTAIN ADDITIONAL AREAS FROM THE IMPOSITION OF $£WER IMPACT FEF~$ I~ROVIDING FOR CONFLICT AND SEVERABIUTY~ PROVIDING FOR THE INCLCSION iN THE CODE OF LA~V$ A.%'D ORDINANCT~g A~D I'ROVlDING AN El. I. i~,CTIVE DATE. WHEREAS, ~ ~ of C~/Com~isskm~s of Coll~ Co~7 m ~ ~. Sy~ I~ F~ ~d~ ~ Colli~ C~ ~i~ No. ~-~ ~i~ A~x C m ~ ~ ~ ~ C~ of~ S~ ~ ~ COF~IO~ OF ~ ~. ~A ~ ~~fo~ words underlined are added; ~ords ~ are deleted. Al'PENT)IX C ARF. AS CENI~RALLY EXCLUD£D FRO~! I?,IPOSTTTO.~/OF' ~t;W1~R I~,I~ACT ~ ~n Co~fie~ Ceamy leners~y cxcP__-~__ from ~e def'mislon of ~ Sys~m Impec~ Developmem as defin~l in ~e Collle~ Coum,/ Relion~ .~*~ Sys~t Impact Fee Ordinance. Collier Coumy O~dirm~ce No. A. T'nose a~eas lyinl ~Jn the Marco W~er ~ml Sewer Dist~L Exclusion of ~ capabilities or~e Regional S~ cai~bilJties of ~',e Relle~ Se~' County, F~o~id~ D. Golden Gate Est~es, Un~! No. 2, ~ Book 4. Pale 75. Pubrm County. Florid~ Golden G~e ~ Un~ No. 4. P~ ~ 4. Pa~ 79. PubFm G. Golden Oa~ Esme~ ~h No. 26, ~ Baok 7, Pale 15. Pubr~ I. ~1~ G~e E~ U~ ~. 2l, ~ ~ 7, ~ 19. ~ ~-~ ~ C~ ~ ~ ~ U~ ~ ~, ~ ~ 7. ~ ~1. ~ ~-~ ~ C~ L. ~ ~ ~ ~ ~. 31, ~ ~ 7, P~ 59, ~ R~ of Co~ ~~U~3~~T,P~21,~ C~,~ Words undertined are added; ~orks ~ are deleted. Cmmty, FIoHcl,L P. Golden One Esme's, U~ No. 3.~. I'~ Beok ~, {'qe IS, ~blic P.,~o,-~ of CoIF~ 17 20 Golden Gate Esule~ Unit No. 95, Plat Book 9, PI~ 4~, Pi{{~ {}d~l~i~,~ I~' ~ Pine IUdle ~ I~ Be~ 10, ~ 16, ~ Records of Words ~1~ are added: vorks ~ are deleted.. ... ! 4 S ? 10 21, 1:) 3.4 1S 17 23, ,~S Worda underlined are added; works ~ are deleted. ! z s d~ ~ C~. ~da: E*~ S~ Pony #ord. underltne~ are addedl ~orks J~Jeiw~ are deletmt. Collier Cm.,my. Florida. The only exceadens 2 ca'~if~ca~ed a~.as may s ~. ~ of CR9~I ~ ~1: ~ ~ ~ ~ ~ ~ ~ Co~ C~ ~ W~-~ ~ ~ ~ ~ ~ ~ ~ ~. T~ 49 ~ ~ 26 27 ~ all of Colli~ C~. ~. F~ ~. ~c~n~ ~ ~ ~ 10. Pa~ 95. ~bfle R~s ~ Cofli~ 2s Public R~s of Colli~ C~. :3. TIlT Pi~. ~cmdln~ Fibril ~l Twe: Confl~ and ~b~. Words underlined are addedl ~orks ' t f~m~. dls~inc~ md i~ prcn~siofl md such hoMiflf shag 2o S~e. 11 PASSED A~'D DULY ADOPTED b~ Ihe Boetd of Courm/C.~,.~ssioo~ of Co~'m' Counv/. l~orida, shis d~yof ,1997, 14 1S 17 2S 30 31 24 3S 40 41 42 43 44 ^TTT. ST: DW1GHT D. BROC1C Clerk BOAKD OF COUNTY COM3KISSIONERS OF COLLIER COUNTY, FLORJDA By:. TIMOTHY L. HANCOCIC ChaJflT~m ^~.~-c~d as m from md ? #orda underlined ara added; vorkl ~ are de,el:ed. .......... i ..... ,"to ..... ...... .................... ............ -*'~ .......... ~ ~"' EXECUTIVE SUMMARY APPROVE AND ADOPT AN ORDINANCE TO AMEND ORDINANCE NO. ~ AS AMENDED, TO EXCLUDE CERTAIN ADDITIONAL AREAS FROM THE IMP(~ITION OF WATER IMPACT FEF_~ O.~ That the Board of County Cornmissionert fl~e C, oveming Board of Collier County, and as Ex-Officio the Governing Board of Collier County Water-Sewer Disuict, approve and adopi an ordinance to amend Collier County Ordinance No. 90-86, as amende~ by amending apl~'ndix C to said ordinance, providing to exclude certain additional are~ from the imposition of water impact fees. CONSIDERATIONS: i. On November 27, 1990, the Board of County Commissioners enacted Ordinance No. 90-g6, establishing a Collier County Regional Water Systems Impact Fees Ordinance and on November 10, 1992 enacted Ordinance No. 92-91, amending Appendix C addressing areas excluded fwm the imposition of water impact fees. The BCC directed staff in March, ! 997 to r~Aew the need to amend areas excluded from the imposition of water and wastewa~ impact fees. Staffhas r.-viewed this mailer and is recommending thai several specific areas in the County be added to the ar~as currtmfly excluded from impaci fees. Generally lhese areas can be chara~eflzed as large sinige family residential estale lots and rural areas not planned to be ~*erved in ~he near futur~. Staffis also proposing to sdd specific exclusionary language to cover the City of Naples, Florida Cities and Florida Water Services Corporation service areas. 3. Additional ar~as being excluded ar~ shown on Exhibit "A" and are described as follows: Large residential lots such as tho~ located within lhe Ridge F .a'ms subdivision; the ar~ north of Radio Road (St. Clair Shor~ Rd. sad San M, ax~ Blvd.); the g~aeral ar~a of County Barn Road wher~ the fommion ofan assessment district has not been ~ccessful and is comlxised of many private roads. B. Thc rural area East of CR 951 within the Collier County Water-Sewer District. C. The certificated ar~as of the City of Ntples, Florida Cities (Golden Crate City) and the Florida Water Services Corpomion (Marco Island snd Marco Lan~a~e included in ~ Water Impact Fee Ordinance provides that the exclusion fi'om payment of impact fees is not absolute. Lands ~ wi~i- the excluded ar~as which ~ect to the imposition of impact fees in the same mariner as if said lands w~-re cl~actcriz~t as water system impact development. ~---~ :.-~(.'~.~'..- / -'"' :;-,.:. Statff estimates tl~ $270,000 in water impact fees have been collecld in t.~ r~.ommmdd f~ exclusion. A~itionally, tI~ r~fund provisions oflhe Wa~r Fee Ord/nance requires the payment of interest on refunded monie~ at a ra/e of g~/,. St~ffwHl notify propo'ty owners through fire class mail and advertise in a local re'wspaper, thus r~aching thc property owners within specified areas eligible for refund.t Refunds will be made subject to and in ~__c,xdance with County Ordinance No. 90-86 as amended. FISCAL IMPACT: Ordinance 90-86 allows for ~'fiaxts of impact fees ifservice has not become a',~ilable or is not planned tx) be avaihble and proper documentation is provided. Approximately $270,000 in water impact fees have been collected in the subject areas and will be made available for rcfimding based on Ordinaz~ provisions governing refunds. The estimated intcrcst cost to be included in the impact fee refunds is S151,g00. A budget amendrnem in the amotm! of $421,$00 reducing water impact fee reserves and placing the funds into the appropriate budget will be required. GROWTH MANAGEMENT IMPACT_', The potential refunds comemplated in the proposed ordinance amendment will not have a material impact on meeting the County's growth managcment commitments. RECOMMENDATIONi The Public Works AdministraIor recommends that the Board of County Commissioners as the governing body of Collier County, and as Ex-Officio the Governing Board of the Collier County Wate~-Sewer District ~qx-ove ami adopt this Ordinance, direct staff to proceed with mailing notices to owne~ ~ advertising the availability of refunds, proceed with rcftmding waier impac~ fees ami ir~erest in accordame with Ordinance provisions governing refunds, and approve necessm7 budget PREP~d~ED BY: Ann Marie Saylor, AdminisU'ative Assistant II REVIEWED BY: ~ Ed llschncr, Public Works Administr~ I %. I I 3 4 & 7 ! IO 11 12 13 II ORDINANCE NO. YTo AN ORDI~A.~CE A.ME~,I~G COLLIER CO~ 0~~ NO. ~ ~ ~M~%~, ~ ~G ~~ C TO S~D O~~ TO ~ ADD~ON~ ~ ~ ~OM ~E IMP~ON OF WA~R ~PA~ ~ ~O~D~G FOR CON~I~ ~XD S~~ ~O~D~G FOR ~ ~USION ~ ~ CODE OF ~ ~ 0~~; ~ ~O~G ~ ARF. A$ GL:?;L"P. ALLY EXCLL'DED FROM ~I'O$1TION OF WATER I~ACT Lmd~ ~;~ CoSkr Couch' ~ e~cL_,~.~__ from ~ Iml~'t De~'clopment as ~ in ~ Co~ C~ R~ ~ S}~ ;m~ F~ C~. ~ ~ ~1~ G~ ~ L~ ~. 3, ~ ~ 4, ~ ~. ~ R~ of C~ F. ~ G~e ~ U~ ~. 4, ~ ~ 4, ~ ~, ~m ~ ~ Co~ C~. ~ i. ~ ~ ~ U~ ~. ~, ~ ~ 7. ~ I~. ~ ~ of Co~ C~. ~ Q. Goldm Crate Emles, Unk No. 9S. I~ Beck 9. Pace 4S. l'.Kc Retina d' Celrm, 4 ~ords Mtt~ are added; vord~ ~ are deleted. t ,. ......... ::-:": '"r'-: .........: .....~..-....: .............. -.. $ fiords ~ are added~ word., ~ are · '~C~) C~) .................................. . ..... ~ .... ~ ........................... ~ -. .~ ............ .. I' PASSED AND DULY ADOlrI'[O by ~e ~ ef C¢,a,~l Com~ ef ~ ATTEST: D~IOHT D. BROCK, BOARD OF COL~ COMI~SSION'ERS OF COLLIER COUNTY. FLORIDA TIMOTHY L. H,~COCK, ~ A~d ~ ~ f~m md I~otdl ~ are added: l~oI-dl ~ ltl deleted. i .I FETTTX~ NO. V-96-28 ~/OH~ ~M ~ENTING LANDMARK COM}4UNTT~, C/O M]XE ~ ~~G A I.~ F~ D~~ V~~ ~OM ~ ~ Y~ ~A~ ~ OF ~ (~ ~ FOR ~ AC~RY ~U~ ~ A ~ ~G D~, FOR ~O~ ~A~ ~ Q~'S P~ ~D~I~ AT ~ ~ ~ ~, ~ 189, ~~ 18, TO~~ ~, ~ 2~ ~~ ~, ~K CONSIDF~ATIONS: The petitioner's representative states the need for the requested variance arose from an incorrectly scaled distance on a survey (dated 7/29/96) which caused I~e walkway/screen enclosm~ to be construct~ in such a manner as to violate the rear ytrd setback ~ent by 1.94 feet. The sm'vt7 submitted with the building permit a~plicztion indicated the left rear corner ofthe pool was to be consm~cted ten (10) feet from the r~r property line. Five (5) feet grater than the mi~mum rear setback requirement of five (5) feel Prior to ~e issuance of a certificate ofoccupan~, the as-built survey noted Om portion of the pool had actually been consm~'ted 3.06 feet from the rear property line. The re~e~ed variance results frmn the actions of the petitioner's pool contrnctor, and is not due to special conditions o~ ci~ peculiar to the ~ structm~ or b~ilding. Ther~ are no pre-existing conditions or inherent conditions or c~ ts$ociated with t~e land. Should the rccl~sted v-~-iance be dmied, the applicant will r~ta~n access to the pool for clenn~ng nnd ~ on thr~e (3) sides. As an option, ~ applicant cou~ remove the portion ofthe comer of the pool walkway which viol~t~ the r~ar y~,d set'oa~ reqnireme~ while still mtlntah~g ~ portion of the r~ar v,,a~kway which does not Jntrnde into the setl~ck, and retain access to the pool on four (4) sides. G~a,,;2ng of the r~laested vsriance will not be in harmony ~ ~ ~ intent and propose of the Land Development Code. The Innlxtse behind ~ estab~ ofsetback r~lalranents is to provide open space and sepaz~on between stmctm~ in a f~ and equitable manner for all property owners. Surrounding In'operry owners may feel aggrieved by a pen~ved ~ent of the view of the wztezway fi-om their property due to the mcroachment into the req~z~ sefl~m~ Note:. Staffr~x~lz ind~c~.e that this is the fi~st sach varian~ requested a~ a r~salt of an error ~ this pool contractor. Staffwill contim~ to monitor ail aRer-~ ~ and where there is evidence ofa pa~rn of tffer-~-~act vafisnces, sttffwill report t~s information to e~e Board and to the Contractor's Licensing Board sad Depmme~t of Business and Professio~ Regulations as desired by the Board. 1997 The Collier County Planning Commission reviewed this petition on February 7, 1996 and by a vote ofS-O rer. ornm~ed approval ofthis verinnce rcquesC At the February 25, 1997 meeting of'the Board of'Zoning Adjustment and Appeals, the Board voted 3-2 to table the requested variance until aRer tb~ Land Development Code O-DC) was amended to allow a variance to be linked to specific conditions related to a site or m'ucturcs present on a site, rather than to ran exclusively with the land. An smendment to the LDC was approved on June 4, 1997 which allows in the case of the desm~ion of'the encroaching sUuctm~ for any reason, to an exte~ equal to or gr~er than fiRy percent ofthe ~'~ual replacement cost ofthe muctur~ at the t~me of its demuction, any m:onsm~on to conform to the provin'ons ofthis code in effect at the time of~on. Consistent with the above structm~ it' moved or destroyed to an extent equal to or greater ~ fifty percent of the actual r~placernent cost, to conform to the provisions ofthis code in effect at the time of reconstruction. FISCAL IMPACT'. None. (~RO~A'TI~ MANAGEMENT TMPACT.* None. HISTORIC/ARCHAEOLOGICAL IMPACT: Staff's analysis indicatcs that the petitioner's property is loc. at~ omside an mca of historical and Thcrcforc, no Hist~~h~l~ Survey ~nd Assessment is raluircd. PLANNING COMMISSION RKCO~ATION: That the Board of Zonin$ Appeals approve V-96-2~ subject to any CCPC stipulations. Note: the did not contort the ~orancntioned stipulation rc,~mfing replacement oftbe structu~ consistent with provisions or'the code in effect at ~be time ofreconstruction. 2 DATE DONALD W. ARNOLD, AICP, D~R ~G SERVICES Pelitio~ Nmnbe~. V-96-28 3 SEP 0 9 '1997 .... AG~A Z'I?.~ 7-A TO~ FROM: DATE~ (X}IIIER COUNTY PLANNINO COMMISSION COMMUNITY DE'VIiI. OPMI~T SERVICES DIVISION IANUARY l, AGIiNT/OWNI~ Agent: John Grlssom, Diamond Pool Construction 270'/8 Oliver Drlv~ Bonita Springs, FL 34135 Landmark CommuniZes, c./o l~,Gke Jeppesen 7~) Harbor Dr~e ~q~___. ~xida 339~o ACTION: to remain st 3.06 feet ~rom the rear property line. The pegtloner's r~~ staIes t~e ._~__ for the r~ variance arose ~om an ~ scaled distance on a survey (dated 7/29/96') whlch tamed the pool.~ to be ~tstn~_.~ in such a mam~ as to violate the re~tr yard GEOG'I~I~C LOCATION: The ~ proper~ is located ~t 3S10 Grcion Corn ~ an be fhrgm. ~ u Clm~n,s Psrk ~ st I.a~o V~ ~ ~, ~ ~ Sg, ss re~x~led in Plst Book 26, PaS~ ~4- I'URPOSF./DESCRIrfK}N OF I'ROJECT: The ~ is r~questing a 1.94 foot dh~nslonal vlfiance to the rem' yard setback ~ offive (~) feet forth accessory ~ to allow n extra'ns pool walkw~ and screen survey fi'om ~e comer of the pool to the rut property ~. SURROU~ING LAND USE AND ZONING: Ezlstlns~ The site is developed with a Single family residenc~, zoned PUD Surrounding: North - Lak~, zoned NUD South o SiflgJe family re~dence; zoned PUD East - Single ragu'fy residenc~, zoned PUD W~$! - Vacant; zoned PUD GROWTII MANAGEMENT FLAN CONSISTENCY: HISTORIC/ARCHAEOLOGICAL IMPACT: Staff's analysis ind~es that the petitioner's property ~s located outsMe an area of'l~storical and no Fr~orlc~Arch~l~ Sury~y nd Assessment ~s requb~. EVALUATION FOR ENVIRO~A~ TRANSPORTATION AND INFRASTRU~: ANALYSIS: Section 2.7.5 of the Land Development Code gives th~ ~zthorlty to the Board of Zonlng Appeals (BZA! ,o grant variances. Th, Planning Commission il ,dvisory to the BZA and ut, .... $EP0S1997 2 I' "- I II providom of S;d:zsectJon "4" (I) throush (h) which art Stflt:ll suidcl'mes to be used to assht the ~mnisslon in ~ · dttmnlnit~ ~ to items in th/s ~ nre ts foiZow~. AtT there special conditions and ci;c~mstances eslstlng which are peculiar to the k)catJon, size and cbaracterbtJcs of the land~ stmctur~ or building Involved? No, the subject site is comprised oftypicaI dimendons of platted, cul-de-sac lots found throughout the (~n's Psrk subdivision. The requested variance results f~n the actions of the ~s Ix~ol conu'mor, snd is not due to speclal cond~ or ~ Are there special c~Gditions tud dreumsttncm whht do not result fr~u the nctlou of the apldJctnt such ts pre*exbtlng conditions rthtfve to the pr~perD, which Is the subjec~ of the var/ante request? '/ No, there are no IX'e-existing conditions relative to the'subject ~e. The need for the vL'-hflce is as a result ofthe actions ofthe petitioner's pool contractor, not due to some inherent c~ions or circtmtstance associated with the land. btterpretation of the pr~vIsions of this Land Development Code work and undue hardship on the tppllcont? Should tbe requested v~triance be denied, the applicant will retain access to the pool for clear,ns and nuintemnce on three (:3) sides. As an optleo, the app6cant could remove the requireflm~ wh'le still maintaining that portion of the rear walkway which does not intrude into the setback, and ret~n access to the pool on four (4) sMes. Theref~ the literal interpmafion ofthe provisions of'this Land Developme~ Code will not work d. W'dl the varlanco, ff frlnted, be the minimum vnrlance that will make possible the reasonaMe use of the land, building or structure and which premote sttndards of health, safety and wdfatT? The requested variance is the mh-,irmnn variance which will make pom'ble use of the land and the pool structure as it is pruendy ~ed, however, rusonable use ofthe hud and structure is pom'ble w~tbout the use ora variance. There do not appesr to be mluested vs~ance w~! allow an exls~ns structure to remain, with one corner ofthe pool A'~." i ' SEP 0 0 19' Will granting the variance requested confer oa the petitioner any special pFJvJlqe that is denied by these zoning reL, ulatlons to other lands~ buJldbp, or structuru in zhe same zouing dbtr4~? Yes, the granting of the requested variance will allow the petitioner to retain a structm'e u?on a site w~ a reduced rear yard setheck. Will frantbg the vlrJance be In harmony with rite perm bttent and purpose of t~ls Land Devdopment Code~ and no~ be InJurSous to rite ndL, bborbood, or' otherwbe detr4menfal to the public welfare?. Graflting oftbe requested vm'hnce will not he h hrmony with the general ~ent nd pu~se of'the ~ ~~ ~e. ~e ~ ~ t~ ~H~ of~b~ requires is to pm~de ~ ~a~ ~d ~ti~ ~ ~m~ ~ a f~ ~d equitable ~ f~ ~ ~ ~. Su~din~ ~ ~ ~ f~ a~ ~ a ~ ~~ ~e ~ oft~ ~~ ~m ~ ~ due to the ~~ imo the r~uir~ mb~k. Are there natural conditions or physically induced conditions that ameliorate the goals snd objectives of the regulation such as natural preserves, lakes, golf courses, etc.! Yes, there is a small lake/mention area to the rear of the property which serves to rr~g~te the hnpact of the re~ested varisnce ~rom the property owners to the rear of'the s~bj~ sit~. h. Will granting the variance be consistent with the Growth Management Plan? STAFF RECOMblI2qDATION: Sta/Frec~,mds tht the CCPC forward Petition V-96-28 to the BZA with a r~nmendation for de~t to the ~mu~cton Licemin8 nd !:)qmrtme~ of' Business nd Professional gcgu~ as 4 P 0 0 1997 · . 7:._ fo~o~.~; ;~'o~ b ~ ~ d~e come.on rnemb~ request SEP 0 9 1997 PREPARED BY: RL"VIEWED BY: CURRENT PLANNING SECTION DONALD W. ARI~OLD, AICP, DIRECTOR PLANNING SERVICES VINCENT A. CAUTERO, ADMINISTRATOR COMMUNITY DEVELOPMENT & ENVIRONIVIE'NT~ SVCS. Petitlon Ntunbe~. V-96-2~ StaffReport for February 7, I997 CCPC This petlgon has been tentatively scheduled for February 25, 1997 BZA Public Hearing. conler Com~ Planning Commission: SEP 0 9 1997 RESOLUTION NO. 97- RELATING TO PETITION NL~BER V-96-28, FOR A VARIANCE ON PROPE~TY HEREINAFTER DESCRIBED IN COLLIER COUN~"~, FLORIDA. W~ER~AS, the Legislature of ~he State of Florida in Chapter 225, Florida Statutes, has conferred on all counties in Florida the power to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public; and WHEREAS, the County pursuant thereto has adopted a Land Development Code (Ordinance No. 91-102) which establishes regulations for the zoning of particular geographic divisions of the County, among which is the granting of variances; and WHEREAS, the Board of Zoning Appeals, being the duly elected con~tituted Board of the area hereby affected, has held a public hearing after notice as in laid regulations made and provided, and has considered the advisability of a 1.94-foot variance from the required 5 foot rear yard setback for accessory structures to 3.06 feet as on the attached plot plan, Exhibit "A", in a PUD zone for the property hereinafter described, and has found as a matter of fact that satisfactory provision and arrangement have been made concerning a~plicable matters required by laid regulations and in accordance with Section 2.7.5 of the Zoning Requlations of said Land Development Code for the unincorporated area of Collier County; and WHEREAS, all interested parties have been given opportunity to be heard by this Board in public meeting assembled, and the Board having considered all matters presented; NOW THERZFORE BE IT RE$OLVED BY THE BOARD OF ZONING APPEALS of Collier County, Florida, ~.hat: The Petition V-96-28 filed by Joh~Griss~lof Diamond Pool Construction, Inc., representing Landmark Com~unities, with respect to the property hereinafter described as: Lot 159, Queen's Park at Lago Verde, Phase 7, as recorded In Plat Book 26, Pages 24-25, of ~he Public Records of Collier County, Florida. be and the lame hereby is approved for a 1.94-foot variance %..~. L~E', ' -'- $£P 0 9 1997 p.. /D as sho~ on the attached plot plan, Exhibit "A', of the PUD distric~ wherein said pro~r~y is located, subject to the 1. I~ the case of d.st~c~lon of ~he ~1 and/or ~1 deck, for shall confo~ to ~e provisions of ~e ~nd Development C~e ~E IT RESOLVED tha~ ~ls Resolu=ion relating [o Petition This Resolution adopted after motion, second and ~aJorlty vote. Done this day of , 1997. ATTEST: DWIGHT E. BROCK, Clerk BOAP/) OF ZONING APPEALS COLLI~ COLOr, Y, FLORIDA TIMOTHY L. HA24COCK, Chairman Approved as to Form and ~gal Sufficiency:: ~Jsistant County Attorney V-96-28 VARIANCE RESOLUTION/18826 -2- No. ~ SEP 0 9 1997 OUgb2V$ PAtaK A T £ 1GO V~-t~DE PHA SE PLA 7' BOOK 26, 24-25 :Z ~ff %.J . ~ KETFT ¢ F~' 18 .Z F: credo I K£h~T PUD' REQUEST TO APPROVE FOR RECORDING THE FINAL PLAT OF STERLING OAKS PHA~E 2A To approve for recording the final plat of Sterling Oaks Phase 2A. ~ON~DERATION~, The Board of County Commissioners on December 6, 1994 approved the final plat of Sterling Oaks Phase 2A with the stipulation that the plat not be recorded until security was provided to ensure completion of the required subdivision improvements. The fiscal impact to the County is none. project cost is $237,985.00, to be borne by the developer. The The security amount, equal to 100% of the cost to complete the remaining improvements and 10% of the total cost of the project, is $33,938.50. The developer has provided a Cash Bond as the required security, l~e County will realize revenues as follows: Fund: 113 Agency: County Manager Cost Center: 138900 - Development Services Revenue generated by this project: Total: $5,313.71 Fees are based on a construction estimate of $237,985.00 and were paid in September & October, 1994, and are reflected in the Executive Summary of December 6, 1994. SEP 0 9 ~ ~. / Executive Su~rmry Sterling Oaks Phase 2A Page 2 ~GROW/~{ F..~IA(~'T IM~AC~ = None That the Board of County Commissioners approve the final plat of "Sterling Oaks Phase 2A", with the following stipulations: 1) Accept the Cash Bond as security to guarantee completion of the Subdivision improvements. 2) Authorize the recording of the final plat of "Sterling Oaks Phase 2A". 3) 4) Authorize the Chairman to execute the attached Construction and Maintenance Agreement. That no Certificates of Occupancy be granted until the required improvements have received preliminary acceptance. PREPARED BY: John R. Houldsworth, Senior Engineer Engineering Review Date REVIEWED BY: Tnomas~E. Kuck, P.~-.- -; Engineering Review Manager Donald W.~ ~--nold ' DirectS- Planning Service~ _~deht~A. Caute~o, Adml~ffistrator ~-- Coh%raunity Developraent & Environmental Services Cormr, unity Dev. and Environmental Svcs. DIVISION JP~H: ew Date DAte/ - / SEP 0 9 1997 LOCATION MAP' N.T.S. llth 28 !-;"'.7~.. ~' CONSTRUCTION AND MAINTENANCE AGREEM~.NT FOR SUBDIVI,S ION LMPROVEMENTS TH. IS CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDWISION iMPROVE2MF_MTS emoted into this day of 1997 between Community Dcv¢lopmcna Corporation of Sterling Oaks, hcre~et' refernxl tO as 'Developer', and the Board of County Commi-~sioncn of Collier Count,. Florida, hereinafter referred to ax 'The Board'. :;-. .. RECITALS Developer has, simultaneously with the delivery of this Agreement, applied for thc app'mval by the Board of a certain plat of a subdivision to be known as Sterling Plm3e - 2A. Division 3.2 of the Collier C~unr,/Laxl' Development Code requiizs the Developer to post ~ppropriate guarantees for tt~e commaction of the improvcment~ requked by ~id vubdivision reguhtiom, said guarar, aees to be hx:orpora~ed in ~ b~nded agree'mcat for the con.v, ruction or' the required improvement. NOW, THEREFORE, in consideration of ~he foregoing premises and mutual covemms N:reinaftcr c,~ forth, Developer and the Board do hen:by covenagt and agree a~ follows: Developer will cau.~e to be constructed uae requked improvemenu as ut forth in the site cor~xuction cos~ e~timare ('F_.gimate') prepared by Q. Gr~dy Minor & Assax:;.atcs, P.A., a copy of wNch ki a.'uched hereto and incorporated herein Exln~it 'A' within 12 month~ from the dare or approval said subdivision plat, ~id knproveme~ l',creinaf~er r~fevr~ to a s the required impvovement~. Developer herewith tendem ks ~lxlivi~ion performance r~-u.,'ity (attached hereto az Exhibit "B") and by referezx~ made a part cf in the mount of $33,938.50 which ~rnount vepre~-'nt.s 10% of the total contract co~ to complete corot.ruction plus 100% of the e~tim~_a_~e cost of to complete the required impmvemem~ at the date of this A~. In the cveni of default by the Devel~ or failure of the Developer to complete mc.h impmvemen~ within ~ ~e ~ by ~ ~ ~velo~ent C~, Co~ C~, ~y ~ ~ ~ ~v~ion ~o~ ~ri~ to ~re n~fa~ c~le~ of ~ ~ ~~. 4. The required i ,mprovements shall noi be comidered complele until a stateme~ of substan_tial completion by Dc~loper's engimccr along with the final project Deve i~ Code. of om year ~ prc~ approval ~ tl~ Dcv:lopxr.<.~ Scrvic~ ~r. After the one year n~a;,'~_~mzx:e ~ ~ ~ ~vel~ ~ ~, ~ ~vcl~ ~ ~fi~ ~ ~el~ ~ ~or to ~ ~ ~ ~cl~r's ~ib~i~ f~ m~e of ~e Z~ ~pro~ ~1 ~ C~. S~ (6} mo~tb.s after the exes-uu'on of tt~s (6) monrh~ Dke~or ~o ~duce ~ dollir ~o~t of ~ ~i~ ~o~c ~:fi~ on ~ b~ of of ~e ~ivisioa ~do~ ~ty ~a[l ~ <co~aE~ ~ a m~t of ~ of ~ ~ivMon ~~e ~W f~ ~ ~prov~ comple:~ In t~e evcnt thc Dcvcloper $1sall fidl or neglect to ful£UJ its obLigati0n~ under ti:ds Ag're.mc-m, upon certi/'~cation of pach faiMre, the Coumy AdmLn~$tz-a~or may call upon t~c ~ubdiv~ion performaz<e :.ec'~iD, to sccuze satisfactory completion, .,-c'pair ar.,d maintcnancc of thc requ:,ced Lmprovcux.~. The Boa~ ~h,LLI have thc fight to conrtnact and mti-raha, or cau.~ to be constructed or maintained, pursuam to public advertisemcnt and r~c¢ipt and acceptance of bid~, the improvcmcn.ts rcquL-zOhcr~ Tlx: Dev¢lolx. r, ~ l:,rinc/pal undcr thc sub0.AvCsioa performax<.c .~'ur/ty, shall be liable to pay aaa to indemnify thc Board, upon complc'don of ~uch consu'uctioa, the £mal to~ cost to the Board thereof, axry damagca, either dircct or con-n:quential, which t~ Board may aatain on accourn of thc fa/.h, tre of thc Dcvclolzr to fuLf'~ aLI of the provi~ion~ of this Agree:neat. AL1 of the terms, covcm~ts and coaditiom bereLn contained are and ~ be binding upon the D.evclcrper and thc r~:~-ctivc successors azxl Zs$ig~ of the: Developer. SEP 0 9 IN W'ITNF~ WHEREOF, the Board and Developer have cau~ ~ Agreemem to be executed by their du/y authorizeff~ive~ ~ _ _ da), of _, 1997. 3igned, ~aled and delivered in the prc~mce of: J~d or Typed AT/EST: DW/GHT E. BLOCK, Cl~k Approved as to form and legal sut~ciez~y: ff: _ kVn) c. Collier Coumy Anomey Couummi~ Corporation of Sm-ling A Florida Corpontion BOARD OF COUNTY' COMi~SSiOIdERS oF COLLLER COUNTY, FLOKLDA -TIMOTHY L. HANCOCK, CHAIR~N Ao EA~THWOKK A- 1 Cl~ring - 5.8 ac. ~ $ I, 800/ac A-2 Silt Fenc~ - 180 l.f. ~ $3/I.f. A-3 Lake Excavation - N/A (under excavation I~rrnit) A-4 Off-site Fill - 0 c.y. (fill from lake) TOTAL FOR "A" ]3. DRAINAGE IMPROVEMENTS B-1 B-2 B-3 134 24' RCP - 885 1.f. @ $25/I.f. FDOT Type 'C' Catch Basin - 5 ~ $850/ea. 24' Headwall - 1 ~ 21,950 Spreader Swale - I ~ $4,000 TOTAL FOR "B" $I0,44C $54C $C SC $10,98( $22,12: $4,25( $1,95( $4,00( $32,32! C. SANITARY SEWER SYSTEM C-1 8' Gravity Sewer - 1,435 l.f. (~ $18/1.f. C-2 Sanitary Mare%lc - 7 ~ $1,400/ca. C-3 Lot Service Laterals - 25 ~ $250/ea. C4 Lift Station - 1 @ $40,000 C-5 Covmect Existing Force Main - 1 @ $1,500/ea. C-6 Plugs - 2 (~ $175/ea. TOTAL FOR "C" $25,83C $9,80( $6,25C $40,O0( $1,50( $35C $83,73( WATER DISTRIBUTION SYSTEM D-1 8" Water Main - 1,250 l.f. @ $9/I.f. D-2 8' Tee - 1 @ $450/ea. D-3 8" Bends - 5 @ $300/ea. D-4 8' Gate Valve - 2 ~ $600/ea. D-5 8' ]31ow-off- 2 (~ $800/ea. D-6 Fire Hydrants - 3 ~ $1,700 TOTAL FOR "D" (I) $11,25C $45C $1,50( $1,20( $1,60C $5,10( $21,10C SEP 0 O Fo ROADWAY CONSTRUCTION E-1 2" Asphalt - 2,000 sq. yd. @ $4/s.y. E-2 1 :h" Asphalt - 2,400 sq. yd. ~ $3/sq. yd. E-3 8" Limerock Base - 4,400 sq. yd. ~ $5lsq. yd. E4 12" Stabilized Subgrade - 5,550 sq. yd. ~} SI/sq. yd. E-5 Curb & Gutter - 4,600 l.f. ~ $4/1.f. E-6 Sidewalks. 9,200 sq. ft. (~ $1/~. ft. E-7 Signagc and striping - 1 @ $2,000 E-8 Sod, Seed and Mulch - 1 ~ $3,500 E-9 Utility Casing - 1,000 l.f. ~ $3/1.f. TOTAL FOR "E" STREET LIGHTING AND LANDSCAPE F-i Street Light~ - 5 ~ $2,000/ea. F-2 Landscape - ]0 trees @ $100/ea. TOTAL FOR "F" GRAND TOTAL = $237,985 $8,~ $7,2{ $22 ,tX $5,52 $18,4~ $9,2( S2,0( $3,5( $3,0( $78,8.t $I0,00 $I,00 $11,00 (2) SEP 0 9 J~TERLING OAKS JOINT VENTURE 169~0 TA MIA);II TRAIL NCiI=~TH NAPLES. FL©~!DA 33.~c,3 NOAT~'"E!~;,~ TRUST SANK NAPLES. FL ~ 0094 T3 STERLING OAKS JOINT VENTURE REQUEST TO APPROVE FOR RECORDIN~ THE FINAL PLAT OF VALENCIA PHASE o~~ To approve for recording the final plat of Valencia Phase One. The Board of County Commissioners on June 25, 1996 approved the final plat of Valencia at Orangetree with the stipulation that the plat not be recorded until security was provided to ensure cot~letion of the required subdivision improvements. IMPACT: The fiscal impact to the County is none. The project cost is $201,941.00, to b.~ borne by the developer. The security amount, equal to 100% of the cost to complete the remaining improvements and 10% of the total cost of the project, is $36,415.10. The developer has provided a Letter of Credit as the required security. The County will realize revenues as follows: Fund: 113 Agency: County Manager Cost Center: 138900 -- Development Services Revenue generated by this project: Total: $i3,955.12 Fees are based on a construction estimate of $630,708.00 (for all of Valencia) and were paid in May, 1996 and are reflected in the Executive Summary of June 25, 1996. SEP 0 9 1997 I Executive Summary Valencia Phase One Page 2 GBO'~ ~.~ I~4~ACT, None That the Board of County Co~nissioners approve the final plat of "Valencia Phase One", with the following stipulations: I) Accept the Letter of Credit as security to guarantee completion of the Subdivision improvements. 2) Authorize the recording of the final plat of "Valencia Phase One". 3) Authorize the Chairman to execute the attached Construction and Maintenance Agreement. 4) That no Certificates of Occupancy be granted until the required improvements have received preliminary acceptance. PREPAILED BY: John R. Houldswor~h, Senior Engineer Engineering Re¥iew Date REVIEWED BY: Th~ma~'E. K'uck, P.E. Engineering Review Manager bonald W. Arnold Direct/or - Planning Services / Cautero, Administrator Community Development & Environmental SeI-vices Community Dev. and Environmental Svcs. DIVISION J~LH: ew Date Date $EP 0 9 1997 '0 ,qTY. ("4 6 5 ,~ 25 2 6 5 , 4 7 I 8 9 10 ! 11 12 7 8 9 ,0 ~:)~1 1 18 17 16 15 ta i.3.. 18 17 16 1.5 14.- 1 ' 2'i 22 23 24 lg 20 21 '1 2~' 2g 27 25." 30~ 29 . 28 27 2fi ' 30 D '"] ~- ~ . ~o 31 32 33 34 35 36 31~ 32 33 34 35 w ~ 3. 2 ~ 6 5 4 3 2 1 6 5 ,~ O~ WELLIROAD[ 26 J 25 ~0 ' 29 28~J 25 ~0 29 '~35 36 3~ 32 33~, 34 3S 36 3~ 32 33~ 3~ 3 1 6 5 4 3 2 ~ 6 5 4° 3 2 ' G DEN SATE BL~. ' LOCATION ' M_A__P_ N. T.S. ,~,~:~O, MT,~:#., .... "~: l~&~) SEP 0 9 1997 CONSTRUCTION AND MAINTENANCE AGREEMEN'i' FOR SUBDIVISION IMPROVEMENTS THIS CONSTRUCTION AND MAINTENANCE AGR ~F3?MENT FOR SUBDMSION IMPROVEMENTS entered into this ...... day of "' ' ,1997, between Roberto'~oLl-t, INDMDUALLY and as TRUSTEE~ hefeinafte} re'fer~ {o as the 'Developer', and the Board . of County Commissioners of Collier County, Florida, hereinafter referred to as the "Boa.rd." RECITALS: A. Developer has, simultaneously with the delivery, of this Agreement, applied for the approval by me Board of a certain plat of a sulxlivision to be known as' V^I.ENCIA, PHASE i. B. Division 3.2 of the Collier County Land Development Code requkes the Developer to post appropriate guarantees for the con.su'"uction of the improvements required by said subdivision regulations said guarantees to be incorporated in a bonded agreement for the consu'uction of the required improvements. NOW, THEREFORE, in consideration of the foregoing pvemis, es and mutual covenants hereinafter set forth, the Developer and the Board do hereby covenant and agree as follows: 1. Developer will cause to be constructed: water, sewer, roads, drainage and like facilities within thirty-six (36) months from the date of approval of 'said subdivision plat, said improvements hereinafter referred to as the required improvements. CONSTRUCTION AND MAINTENANCE AGREEMENT PAGE 1 OF 5 nti~n - SEP 0 9 1997 2. Developer herewith tenders its ralxlivision performance security (attached hereto as Exhibit "A" and by reference made a pan hereof) in the amount $36,415.10 which amount represents 10% of the total contract cost to complete construction plus 100% of the estimate cost of to complete the required improvements at the date of th/s Agreement. 3. hi the event of default by the Developer or failure of the Developer to complete such improvements within the time required by the Lar~ Development Code, Collier County, may call upon the rabdivision performance security to insure satisfactory completion of the required improvements. 4. The required improvements shall not be considered complete until a statement of substantial completion by Developer's engineer along with the £mal project records have been furnished to be reviewed and approved by the Development Services Director for compliance' with the Collier County land Development Code. 5. The Development Services Director shall, with/n sixty (60) days of receipt of the statement of substantial completion either: a) notify the Developer in writing of Ms prelhninary approval of the improvements; or b) notify the Developer in writing of' his refusal to approve the improvements, therewith specifying those conditions which the Developer must fulfill in order to obtain the Director's approval of the improvements. However, in no event shall the Development Services Director refuse prelimim.,'y, approval of the improvements if they are in fact cor~structed and submitted for approval in accordance with the requirements of tiffs Agreement. CONSTRUCTION KN'D MA.ENTENANCE AGREEMENT PAGE 2 OF 5 AGE~D& SEP 0 9 1997 6. The Developer shall maintain all required improvements for a minimum period of one (1) year after preliminary approval by the Development Services Director. After one year maintenance period by the Developer has terminated, the 12~veloper shall petition the Development Services Director to inspect the required improvements. The Development Services Dkector o~' his design shall inspect the. improvements and, if found to still be in compliance with the Collier County Land Development Code as reflected by final approval by the Board, the Board shah release the ten percent (10%) subdivision performance security. The Developer's responsibility for maintenance of the required improvements shall continue unless or until the Board accepts maintenance responsibility for and by the County. 7. Six (6) months after the execution of th. is Agreement and once wi'dxin every slx (6) months thereafter the Developer may request the Development Services Director to reduce the' dollar amount of the subdivision performance security on the basis of work complete, -Each request for a reduction in the dollar amount of the subdivision performance security shall be accomparded by a statement of substantial completion by the Developer's engineer together with the project records necessary for review by the Development Services Director. The Development Services Director may grant the request for a reduction in the amount of the subdivision performance securiry for the improvements completed as of the date of the request. 8. In the event the Developer shall fail or neglect to fulfill its obligations under tiffs Agreement; upon certification of such failure, the County Administrator may call upon the subdivision performance security to secure matisfactory completion, repair and maintenance of the required knprovements. CONSTRUCTION AND MA.hNTENANCE AGREEMENT PAGE 3 OF 5 SEP 0 9 1997 The Board shall have the right to construct and maintain, or cause to be constructed and maintained, pursuant to public advertisement and receipt and acceptance of bids, the improvements required herein. The Developer, as principal under the subdivision performance security, shall be liable to pay and to indemnify the Board, upon completion of each construction, the f'mal total cost to the Board thereof, including, but not limited to, engineering, legal and contingent costs, together with any damages, either direct or consequential,' which the Board may sustain on account of the failure of the' Developer to full'ill all of the provisions of this Agreement. 9. All of the terms, covenants and conditions herein contained are and shag be binding upon the Developer and the respective successors and assigns of the Developer. IN WITNESS WHEREOF, the Board and the Developer have caused this Agreement to be executed by their duly authorized representatives th. is day of 1997. SIGNED SEALED AND DELIVERED _~E PRF~ENCE OF: Signature of Wimess Print Name By: ROBL:~TO BOLLT Individually and as Trustee CONSTRUCTION AND MAINTENANCE AGREEMENT PAGE 4 OF 5 Signature of Wimcs$ Print Nr,.m~ ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMM/SSIO~P~ OF COLLIER COUNTY, FLORIDA Deputy Clerk Timothy L. Hancock, Chairman Approved as to from and legal sufficiency: .~',_.-Collier County Attorney F:OILANG ~'tVAL. PH 1 CONSTRUCTION AND NLMINWENANCE AGREEMENT PAGE 5 OF 5 SEP 0 g 1997 EXHIBIT A ENGINEER'S COST ESTIMATE.. VALENCIA AT ORANGETREE, PHASE 1 January, 1996 (Revi~ed June 1997) Earthwork A-1 Clearing-2 Acres @ $800lacre A-2 Construct silt screen around preserve areas. 5,000 l.f. x $1.00/l.f. A-3 Remove exotic vegetation from preserve ard mitigation areas. A-4 Construct perimeter berm. A-5 Seed and mulch, sod. Total for "A" $5,003 $5,0(X) $10,000 $24,100 Drainage Improvements B-1 B-3 B-5 B-6 B-7 B-8 B-9 B-10 18' RCP-68 L.F. @ $18/L.F. 24' RCP-96 L.F. @ $24/L.F. 30" RCP-28 L.F. @ $30fL.F. FDOT Type "C' Catch Basin-6 ~ $650 ea FDOT Type 'E" Catch Basin-2 @ $700 ea RIP Rap SUMP-1 ~ $100 ea Control Catch Basin w/HapI~r Gate-2 @ $1000 ea Ouffall Structure $4-1 @ $2500 Ouffall Structure $5-1 @ $3000 24' Mitered End-2 ~ $9(X) ea Total for "B" 1 of 2 $1,224 $2,304 $840 $1.400 $1C0 $2,0OO $2,5OO $3,0C~ $19,068.00 SEP091997 Pg. _..~ C. Roadway Construction D-lA Initial 1' Asphalt - 10,814 sy (~ $2.00/sq yd. D-lB Final 1' Asphalt - 10,814 sy ~ $1.50/sq yd. D-2 8' Limerock base-12,093 ~1 yd ~ $5/sq yd. D-3 12' Stabilized ~ubgrade 13,882 zq yd. ~ $1/sq yd. D-4 Curb & Gutter--4027 L.F. @ $4/'L.F. D-5 Type 'A' Curb 2,595 L.F. ~ $4.25/L.F. D-6 $ignage and Striping-1 ~ $3500 D-7 Utility Casing-1000 L.F. @ $3/'L.F. Total for "C" $21,628 $16,221 $60,405 $12,882 $16,108 $11,029 $3,500 D. Street Lighting 7 street lights x $2000 ea. Total for "D" $14,000 $14,000 Total for A, B, C, & D 1 Year Bond Calculation 110% x 16,221 + 10% x 185,720 = 36,415.10 $201,.941 F:ORANO~VAL. PH 1 2 of 2 I$EP091997 August 19, 1997 IRREVOCA~I~ ST/fffl)~Y LETTER OF CREDIT NO. I0180 ISSUER: Bessemer Tru~ Company, N.A., 630 Fifth Avenue, New York, New York 10111 (hereinafter "Issuer"). PLACE OF EXPIRY: At Issuer's counters. DATE OF EX?IRY: This Credit shall be valid until August 19, 1998 and shall thereafter be automatically renewed for successive one-year periods on the anniversary of its issue unless at least sJ. xty (60) days prior to any such amqiversary date, the Issuer notifies the Beneficiary in writing by registered mail that the Issuer elects riot to so renew this Credit. APPLICANT: Roberto Bollt, individualty and as trustee,(hereinafter "Applicant"), 3000 Or~.'~ge Grove Trail, Naples, Florida 34120. B£.~£VlCXAR¥: The Board of County Commissioners, Collier Cotm~', Florida (hereinafter Beneficiary ), c/o Office of the Count)' Attorney, Collier County Courthouse Complex, Naples, Florida. AMOUr'T: $36,415.10 (U.S.) up to an aggregate ,._hereof. CRED1T AVAILABLE V~'ITH: Issuer. BY: Payment agafinst documents detailed herein and Benefici&ry's dragts at sight drawn on the Issuer. LOCt0~S6ajVmV4 SEP 0 9 1997 DOCUMENTS REQUIRED: AVAIL4BLE BY BEi~T. FICIARY'S DRAFT(si AT SIGHt l>~WN ON rile ISSUER AND ACCOMPANIED BY BENEFICIARY'S STATEMENT. PURPORTEDLY SIGNED BY r/tE COUNTY MANAGER, CERTIFYING ~'ttAT: "Rober~o Bollt, individually and as trustee, has failed to construct and/or maintain the improvements associated with that certain plat of a subdivision known as Valencia Phase One or a final inspection satisfactory to Collier County has not been performed prior to the date of expiry, and satisfactory alternative performance security has not been provided to and formally accepted by the Beneficiary." DRAFT(S) DRAWN UNDER THIS LETTER OF CREDIT MUST BE MARKZD: "Drawn under Bessemer Trust Company, N.A. Credit No. 10180, dated August 19, 1997." This original Letter of Credit and all amendments, if any, must be presented for proper endorsement. This Letter of Credit sets forth in full the terms of the Issuer's undertaking and such undertaking shall not in any way be modified, amended, or amplified by reference Io any documents, instrument, or agreement referenced to herein or in which this Letter of Credit relates, and any such reference shall not be deemed to incorporate herein by reference any document, instrument or agreement. Issuer hereby engages with Beneficiary that dra~(s) drawn under and in compliance v, Sth the terms of this Credit will be duly honored by Issuer if presented wi¢.in the validity of th/s Credit. This Credit is subject to the Uniform Customs and Practice for Documentary Credits (1993 Revision) International Chamber of Commerce Publication No. 500. BESS£MER TRUST COM?ANY, N.A. BY: Chief Financial Officer LOC 10166/ti l/m1'5 SEP 0 9 1997 EXECUTIVE SUMMARY APPROVE CHANGE ORDER NO. 2 TO CONTRACT NO. 9%2626, MARCO IS/.AND T-GROIN CONSTRUCTION. ~ To obtain apgrovai of Change Order No. 2 to Comract No. 97-2626. ~ On March 25, 1997, the Board of County Commissioners a.~varded Comract No. 97-2626 lo Douglas N. Higg]ns, Inc. in the amount of $313,1 0O.00. During the course of convtruction, a permit modification was obtained from the regulatory agencies lo place additional beach fill in a highly eroded area adjacent to the T-Groin con.,nruction which occurred vabsequent to award of the contract and issuance of the original permits. The additional items o£work and associated costs are as fotlows: 6 Beach Fill Transpor~ & Placement 9,500 c.y. ~ $9.00/c.y. $85,500.00 7 Beach Tilling 0.8 acr~ ~ $750.00/Acre 60000 It is th~'e£ore requested that thc contract amount b~ adiusled to account for this additional work. Change order No. 2 b~as be~ prepared for this purpose resulting in the following contract figures: Original Contract Amount Sum of Prex4ous Changes This Chv~ge Order (Add) New Contract Amount $313,100.00 12,0O2.60 $86,100.00 ,$411,202.60 This expenditure exceeds the amount originally approved for ihs project by the Beach Renourishment/Maintetmnce Committee and the Tourist Development Council. Therefore, in accordance with procedures for project approvals contained in the Beach Renourishme~.t Guidelines, it is necessary to receive their recommendation for approval this item. Such is scheduled for consideration by the Beach Renouristu-nent/Maintenance Committee on August 29, 1997 and by the Tourist Developmem Coun~ on September 4, 1997. Pa~e 2 ]~CAL IMPAL-~T: CCos~: Fund: Cost Cent~': Project No. ~,I00.00 to be obligated in the Iz~8~ for FY 96/97 (195) Tourist Devdopment - 60% (110406) Beach Renot~ & Pa~ M~ntenance - C~e~ory A (80218) Mm-co Ifl~:l Be~:h IVl~'aetmnce Approv~l ora budset amendmem i~ ~~ ~ ~ ~ ~ ~m of~.793.~ ~II ~ ~sf~ ~m lhe ~ of Fu~ 195 to A~ant No. 195- l I ~7631 ~80218 Io pro,de ~c~em lands for ~ ~fion. None the Board of County Commissioners: 1. Ap'prove Ch~mge Order No. 2 to Contract No. 97-2626 h'~ the ~mount of $86,100.00 subjec~ to recommendafiom from the Beach Renouridament/Maintenance Committee ~d the Tourist D~'dopment Council. 2. Approve the r~y,~-~ry budget ame~mem; tnd 3. Authorize the OCPM Director to execute the change order. EXECUTIVE SUMMARY ADOPT A RESOLUTION REQUESTING THE STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION TO CONVEY AN EASEMENT BY QUIT-CLAIM DEED TO COLLIER COUNTY FOR ACCESS TO BORROW PIT NO. 2 AND FOR THE FOUR- LANING IMPROVEMENTS TO COUNTY BARN ROAD, CIE NO. 33. ~ To adopt a Resolution requesting the State of Florida, Dc'partment of Transportation to convey by Quit-Claim Deed an easement to Collier County for access to County owned property known as Borrow Pit No. 2 a.n.d for the County Barn Road Four-Laning Improvement Project. ff,,~ On Ja~:uary 31, 1967, the State Road Department, an Agency of the State of Florida waz granted a non-exclusive easement for roadway purposes. On December 28, 1982, the Board of County Commissioners accepted a Public Purpose Quit-Claim Deed from the State of Florida, Department of Transportation for two (2) Borrow Pi~. On August 13, 1996, the Board of County Corm-~issioners adop:ed Resolution 96-356 authorizing s',aff to acquire propcn'y for the County Barn Road Four-Larfing improvement Project. The Slate of Florida, Depaxzrnm~t of Transportation has declared the ea.scment area surplus properS' and is willing to convey the easement to Collier County. Quit-Claim Deed. F~.mds are available in: The sum of 510.50 is the maximum fiscal impact for the recording of the Fund: Cost Cent.r: Project 333 - Road Impact Fee (District #3) 163650 - Road Impact Construction 60101 - County Barn Road Four-laning G]?d)__PEI~I~M_ANAGEMENT IMPAC~A As a Capital Impmvc-ment Element project, the recommendation is consistent with the County's Growth Management Plan. RlgCOMMENDATION: That the Board of County Commissioners: (1) Adopt the attached Rcaolution rcqucsting the State of Florida, Departm .tnt of T~rtafion convcy 1o Collicr County an cascrnent for acc~,s to Borrow Pit No. 2 and for the four-Inning improvemcnta to County Barn Road. (2) Authorize the Board of County Commissioncr's Chairman to cxccute the attach~ Rc~olufion. (3) Accept the Quit-Claim Deed from the State of Florida. (4) Authorizc Staffto record the Quit-Claim Deed. Wilton Iver~on, S~nior Spectnilst Real Property Management Department Mltch Mom~ ~{~ M~nager O~e of Capi~ ~1~ Management P'abltc Wor~ DATE: .¸0 r.7~... ) ..... ,1 Davis Boulevard 7 End Pro ~ ZONE X ZONE X 17 in Project H a rn m o.~_k._ fl.~..a~. ~ BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA TRANSPORTATION SERVICES DIVISION FEMA EXHIBIT FLOODPLAIN 3-1 MAP RESOLUTION NO. 9'7. RESOLUTION REQ!..,rESTTNG 'I'HE STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION TO CONVEY SURPLUS PROPERT'Y TO COLLIER COU~'TY BY QUIT-CLAIM DEED F(~R ACCESS TO BORROW Pl-r NO. 2 AND FOR THE FOUR-LANING IMPROVEMENTS TO COLfN'I'Y BARN ROAD. WHEREAS, the State Road Department, an Agency of the State oflrlorida, was granled a non.-e~clu~;i*/e easernent for roadway purposes on J~nua."'y 31, 1967 over 0,,c North twelve fc,c't (12') 10 of the South half(S 1/'2) of the Southeast one quarter (SE 1/4) of thc North West one cluarler ~ 1~4) of Section It, Township 50 South, Range 26 East, Collier County, Florida, hereinafter referred 12 13 to as the "easement"; and WHEREAS, on December 28, 1982, the Board of County Commissioners accepted a Public 1a, Purpose Quit-Claim Deed from the State of Florida, Department of Trans'portatlon for two (2) 15 16 Bono,,,,' Pits located in the Southwest Quarter (SW 1/4) and the Northeast Qua. Her (SE 1/4) of Section 8, Tov, T, ship 50 South, Range 26 East, Collier County, Florida; and 17 WHEREAS, on August 13. 1996. the Board of County Corru'nias{oners adopted Resolution 1 g 96-356 authorizing slaffto acquire property for the County Barn Road Four-I..aning Improvement 19 l~h'oject located in Section 8, Township 50 South, Range 26 East; and 20 W'H'EREAS, the State of Florida, Department o{'Transportation has declared the easement 21 22 as surplus property; and WHEREAS, Collier County has a need for the easement for access to Borrow Pit No. 2 and 23 for the four-laning improvements to County Barn Road. 24 NOW, THEREFORE, BE IT RESOLVED, that the Board of County Commissioners does 25 hereby request the State of Florida, Department of Tran~'portation to convey the easement by Quit- 26 Claim Deed to Collier County for access to Borrow Pit No. 2 and for the four-laning improvements 27 to County Barn Road. 28 29 30 1 2 3 4 6 ? 9 l0 11 12 13 14 15 This Re~olution adopt~xl this A'rlT~T: B)c. Al~lm~ved u lo ]e~a] fern and auflqciency: H¢idi F. A~hton A~i,ttant County ^homey day of BOARD OF CO~ COMMISSIONERS OF COLLIER COUNTY, FLORIDA BY: TTM~ L HANCOCK. C~irn-.~ EXECUTIVE SUMMARY KEQUEST THE BOARD CONSIDER INTERIM IMPROVEMENTS TO THE PINE RIDGE ROAD/LIVINGSTON ROAD INTERSECTION PENDING FINAL IMPROVEMENTS AS PART OF THE PINE RIDGE ROAD SIX-LANE PROJECT SCHEDULED FOR CONSTRUCTION IN OCTOBER, 1999 ~ To present several interim improvements for the intersection of Pine Ridge Road/Livingston Road to the Board for implementation prior to the Pine Ridge Road six-lane project. ~ONSIOEPOIkTION$: In response to both Staffand citizen concerns, Transportation Services Department Staff have made a site review of the intersection of Pine Ridge Road/Livingston Road. Based on that review, Staff is reconunending the follovdng minimum improvements to the intersection pending the implementation of the Pine Ridge Road six-lane construction. That six-lane project is presently scheduled to begin in October, 1999. The proposed interim improvements are: I. Provide a minimum length westbo,?md to northbound fight turn lane on Pine Ridge Road. 2. Exlend the eastbound to northbound left turn lane on Pine Ridge Road lo accommodate additional vehicles. 3. Provide a minimum southbound to westbound right turn lane on Livingslon 4. Upgrade pavement markings, signing and safety guide rail consistent with the foregoing improvements. The Transportation Services Department proposes to perform all of the above work with thc use of Road and Bridge personnel and equipment, except for specialty subcontractors such as pavement markings. Attached is a sketch sho~ving the proposed work items (Attachment No. 1). If approved, the work could begin within two weeks and be completed in about three to four weeks. The fall term at the Community School is just beginning. Our goal w/Il be to complete ~e work as soon as possible. FISCAL IMPACT.; A cost estimate of $26,000 for the proposed improvements is attached as an exhibit to this Agenda Summary (Attachment No. 2). Ftmds are available in Road Construction - Gas Tax (Fund 313-163673-763100-66065. $57,999.00 was available in the account as of July 29, 1997). GROWTH li/iiANAGEMENT IMPACT: Thc proposed interim improvements are consistent with the final design for the Pine Ridge Road six-lane project; however, the six-lane project will require that most of these improvements be replaced with the permanent improvements in about two years. RI~t~OMMENDATION$: That the Board consider the installation of the proposed interim improvements; provide direction to Staff with respect to performing the work necessary to implement the interim improvements; approve the funding source for the interim improvements; authoriT~ Staff lo proceed to caw/out the intent of the Board's direction./~/~d)_K~ ~e~ PREPARED JlY: Edwar . an, ff~ er REVIn'WED ElY: ~-,-.----- David F. Bobanick, Interim Transportation Services Director R&VIEWED Ed llsc~h~Ser, Public Works Administrator DATE: ~--5/- ~ 7 Attachments: NO. I - Sketch of Proposed Interim Improvements No. 2 - Cost Estimate '1 Interim Improvements Pine Ridge Road and Livingston Road Location Dtscription Quantity Unit Unit Price Amount Eastbound Left Turn Lane Remove tx. turf and earth I '"~ump sum $2000 $2000 Install lengthened rum lane 300 S~. Yd. $10 $3000 Striping, pave_merit marking I Lump Sum $500 $.509. Subtotal $5500 __.. Contingency; I Lump Sum 1 5/, $550_~ Total $6050 _. [ ESTIMATE Location Weslbound Right Turn Lane Description Embankment QuantRy Unit Unit Prtc~ Amount ESTIMATE I Lump sum $2000 $2000 Install rum lane 400 .~'4. Yd. $10 $4000 Striping, pavement markb~g i Lump Sum $500 $ 50~)_ Sublo~l $656~ Contingency ) Lump Sum 1 ~/, $6~0 To~l $7150 ~ation Description Quantity j Unit U~tt Price [ Amount Southbound Rfgh~ Turn Lane Extend 24" pipe - 200 L F $30".~ S6000 Install rum lane 300 Sq. Yd. $"~-~' $3000 -- JuncTion t:~ox at ex. pipe I Lump Sum Sl000 .... Striping. pavement rnarkin~ . i t. ump Sum $500 ~.~.0~ Subtotal $ 10500 Contingency 1 Lump Sum 10% $ !0_50 Total $ I 1550 ESTIMATE $11500 Loon'ti'on Description I Quantity Unit j UnitPrict [ Amount Miscellaneous Work Si.gnage I Lump sum~ 15500 $500 Sniping. pavement marking I Lump Sum $500 $500 Adjust signal heads I Lump Sum $500 $.500 Total $1500 I ESTIMATE $1500 I Recap of Individual Item Estimates: Eastbound Left Turn Lane on Pine Ridge Road $ 6,000 Westbound Righ! Turn Lane on Pine Ridge Road $ 7,000 Southbound Right Turn Lane on Livingston Road $11,500 Miscellaneous lnter~ection Upgrades $ 1,500 Total Project Estimate $26~00~0 Page 1 of l Attachment No. 2 EXECUTIVE SUMMARY BOARD APPROVAL OF FISCAL YEAR 07-98 ANNUAL CONTRACTS FOR BID ¢t97-2713, TRAFFIC SIGN MATERIALS, AND BIG #~7-2712, CONTRACTUAL SERVICES FOR TRAFFIC SIGNAL AND STREET LIGHTS. _O..~.BJ. E. C~; To obtain Collier County Board approval for Fiscal Year 97-98 Annual Contracts in accordance with, the bid results received on 7/22/97 as follows: Bid # 97-2713, "Traffic Sign I',~aterials" awarded to Municipal Supply and Sign Co. for ~ purchase of signing materials, and Bid # 97-2712, "Contractual Services for Traffic Signals and Street Lights" awarded to Mid-Continent Electric, Inc. as PRIMARY contractor and Simmonds Electrical,/nc. as SECONDARY contractor. CON$1DE_R~_._TI__0_ONS_._/,, A~er evaluation of the Tabulation Sheets and Bid responses, Traffic Operations reccmmends that the Collier County Board of County Commissionem award the bids as fo!lows: Annual Bid # 97-2713, '"r'raffic Sign Materials" to Municipal Supply and Sign Co. Annual Bid # 97-2712, "Cor, lractual Services for Traffic Signals and Street Lights" to Mid-Contir~ent Electric, inc. as primary contractor. Annual bid # 97-2712, "Contractual Services for Traffic Signals and Street Lights" to E.B. Simmonds Electrical, Inc. for a limited portion of the bid relative to street lighting maintenance as secondary contractor. E. B. Simmonds is Iow on the bid tab sheets however does not meet the minimum quali~cations for the installation of a traffic sk:Jnal. Traffic signals are installed as a unit and therefore splitting the project is not practical. FISCAL IMPACT: For Fiscal Year 97-98, funds have been budgeted as follows: Road and Bridge (Fund and Cost Center 101-163630-653710) funds in the amount of $71,200 have been budgeted for signing activities with anticipated purchases from Municipal Supply approximated at $60,500. Road and Bridge (Fund and Cost Center 101-163630-646510) funds in the amount of $126,000 have been budgeted for signals and street lighting maintenance with anticipated expenditures with Mid-Continent Electric, Inc. approximated at $110.000. Funds, estimated st $16,000, are allocated within the $126,000 for work contracted with E.B Simmonds Electrical, Inc. on an as needed basis for S~.reet Lighting Repairs. GROWTH .NLANAGEMEHT IMPACT: N/A GRO%~f~I M. ANAGEMENT IMPACT: N/A R.EI~O~NDA~ That thc Collier Count5' Board of Commissioners award the bids as requested ~ovc and authoriz~ the Chairman to sign an agr~mcnt for Bid 97-2712, ~Contractual Services for Tr~ffic Signals and Su'~t Lights'. / Capp Brecden, TraflSc Operations Supervisor .... *CD ¥ --~ . A ID F. BOBANICK, iNTERIM TRANSPORTA~ON DIRECTOR REVIEWED BY:~~~ DATE:~/~ EDGAR D. 1LSCHN~R, JR' PUBLiC WORKS ADMINIS'~ Steve Carneli,. ur¢[msing Director DATE: iM hlll I I I Ill I! !' !l l oo //. ( e.i i\ I F~XECUTIVE SUMMARY AWAI~D CONTI~XCT TO CONSTRUCT NORTH COUNTY REGIONAL WASTEWATEi TREATMENT PLANT BELT FILTER PRESS WALK%VAYS, BID NO. 97-2721. O?~__CTIVE: That the Board of County Conmaissioners, as Ex-Officio the Governing Board c the Collier County Water-Sewer District, award a contract to construct the North County Regiom Wastewater Treatment Plant (NCRW%'TP) Belt Filter Press Walkways. CONSIDEr: This item was specifically budgeted for and approved for FY 96/97. O: July 15, 1997, invitations to bid this project were sent. Six sets of bid documents were sold interested bidders. On August 13, 1997, four bids were received as follows: BIDDER 1 tligh Point Quality Steel Mitchell & Stark D. N. Higgins. General Fabricators, Inc. Contracting, Inc. Construction Co., Inc. Total Base Bid $45,700 $49,100 $53,457 :$54,967 Alternate No. I Total Base Bid $39,950 $41,350 $47,857 $49,583 Alternate No. 2 Total Base Bid Alternate No. I includes provision of aluminum wallo,'ays on five (5) sides of the two existing belt filter presses. Total Bate Bid Alternate No. 2 includes provision of aluminum walk-ways on three (3) sides of the two belt filter presses. The apparent lowest bidder was High Point General Contracting, Inc. Staff has reviewed their Bid Proposal and noted the following deficiencies: 1) the bidder failed to acknowledge receipt of Addendum No. 1; and 2) the statement of experience was not included in the bid submission. With regard to the first issue, Addendum No. I provided the bidders with the option of bidding specific alternative materials that do not significantly impact the total bid price. With regard to the second item, }tigh Point has provided the requisite information subsequent to the bid opening. Staff has reviewed both irregula.rities and recommends that the Board deem them to be minor and accordingly waive them on the basis that neither resulted in the bidder gaining a material, competitive advantage. High Point General Contracting, Inc. has a satisfactory performance record on previous projects involving similar work for the County. Staff recommends awarding the project to the lowest bidder, High Point General Contracting, Inc., for the Total Base Bid Alternate No. 2 in the amount of $39,950. .FISCAL !MPd~CT: Funds for construction of this project in the amount of $39,950 are available from Fund 408-233312 (North County Regional Wastewater Treatment Facility)-Operating Capital Funds. GROWTH MANAGEMENT IMPACT: None RECOMMENDATION~;i Staff recommends that the Board of County Commissioners, as Ex-Officio the Governing Board of the Collier County Water-Sewer District, waive the minor irregularities noted herein, award and authorize the Chairman to execute an Agreement with High Point General Contracting, Inc. in the amount of $39,950 for Total Base Bid Alternate No. 2 for Bid No. 97-2721, NCRWWTP Belt Filter Press Walkways. 1 Mohan V. Thampi, P.E., Project Manager ' / '~ Office of Capital Projects Management Steve Camell, Director " Purchasing Department doiro ^: Co ¢z, P.E./r ir; r Office of Capital Projects 'Management REVIEWED BY: Tin-., Clemons',Dh'ect0r Wastewater Department REVIEWED y Ed Ilschner, Admin/strator Public Works Division DATE: cc: Dennis Bamard, Chief Operator, NCRWWTP File No. 73055.05 MVT:mvt EXECUTIVE SUMMARY AUTHORIZATION TO SOLE SOURCE PURCHASE REPLACEMENT PUMPS, SPECIFIED REPAIR PARTS AND MATERIALS FOR APPROVED SUBMERSIBLE LIFT STATIONS OBJECTIV[i That the Board of County Commissioners, Ex-Officio the Governing Board of the Collier County Water-Sewer District of Collier County, Florida, authorize the sole source purchase of replacement pumps, warranty related repair pans, and any other parts or materials not available through an after market source for submersible lift stations. _C_O__N__' _S I D E R~ T I O N.' I) In August 1992, the Board of County Commissioners initially approved the sole source purchase of Flygt submersible lift station pumps for the County's lift station system. 2) In March 1993 and November 1994, the Board of County Commissioners approved the sole source purchase of repair pans and materials from E.K. Phelps and Company, the only authorized Flygt sales center in the State of Florida. E.K. Phelps has corporate headquaners in Apopka, Florida with satellite facilities in Ft. Myers, Florida, West Palm Beach, Florida, and Savarmah, Georgia. 3) With the number of lift stations being maintained ever increasing, (over 500 lift stations with 934 Flygt pumps) it is an absolute must that spare pumps, parts and materials in each size be available to ensure no loss of service. 4) Collier County Ordinance 97-17, Section 11.7.4 requires that pumps be manufactured by Flygt or equivalent. 5) Ellis lC Phelps and Company is the only authorized Flygt sales center in the state of Florida. Staff has pursued obtaining price quotes from other Flygt suppliers in other states only to discover that the cost of shipping causes them to always be mare costly than Ellis K. Phelps and Company. 6) Wastewater Department staff has reviewed this mad is recommending that these pumps, parts end materials be declared a sole source purchase. F___[~~CT: Funds for this are specifically budgeted in the Wastewater Collections budget, 408-233351. It is anticipated that approximately $80,000.00 will be spent in the upcoming Fiscal Year; however, this amount is only an estimate. As the lift station system ages, the volume of pumps, parts and materials to be purchased will vary greatly from year to year depending on the actual repair/replacement needs. None. ]~.~0.~.~: The Public Works Administrator recommends that the Board of County Commissioners, Ex-officio the Governing Board of the Collier County Water-Sewer District of Collier County, Florida declare that Flygt lift station pumps, warranty parts and any other parts and materials not available through an after market source are a sole source purchase and authorize staff to purchase the necessary pump parts and materials from Ellis K. Phelps and Company. Timofl~y~i..JClemons Wastewater Department REVIEWED BY: OtC[)llCll I~~'.' Camell Purchasing Director APPROVED Ed Ilschner Public Works Administrator 2~ Consent Agenda 8,q-2q97 EXECUTIVE SUM~Y APPROVE A PURCHASE ORDER UNDER EXISTING MAINTENANCE CONTRACT #96- 2567, FOR WlLKINS MAJ. COLM & ASSOCIATES, INC. , FOR REPAIRS OF WELL NOS. 6, 11 AND 14. OP, JI~.QTIVE: The Board of County Commissioners, as Ex-Officio the Governing Board of the Collier County Water-Sewer District, approve a purchase order under existing maintenance contract #96-2567 for Wilkins Malcolr,, & Associates, Inc., to perform electrical surge protection and controls repairs at well house nos. 6, I l and 14. _CONSLDERATION: On October 18, 1994, item 16 CH)(1), the Board awarded Curry Controls, Inc., contract #94-2261 to perform I-WAC, electrical, instrumentation and controls upgrades to the Raw Water Booster Pumping Station (RWBPS) and radio and communication upgrades at mu'nerous wells at the Golden Gate Wellfield. This system supplies raw water from the Lower Hawthorn Aquifer to the North and South County Regional Water Treatment Plants for potable water production. The project was completed in February 1996. However, several months after project close-out, the newly-installed radios at several well sites began to display problems and eventually one by one, began to bum out and cease functioning. Curry Controls has been given numerous notices and ample opportunity to rectify and repair the problems associated with this contract under the warrant), provision. However, they have not been responsive and in fact, have been placed on notice by the County Attorney's office that they are in breach of their contract and that the County will pursue legal action against them for recovery of our costs to repair the problems that are unresolved by Curry Controls. Wilkins Malcolm. & Associates, Inc., has an annual maintenance contract (#96-2567) with the County. They are intimately familiar with our system and have provided proposals to rectify the radio problems at well sites 6, I 1 and 14. Further, they propose to repair the grounding resistance and surge suppression ($13,500.00), lightning protection ($4,000.00), and and flow signal fail safe switches ($9,500.00) at the well sites to potentially eliminate the problems currently encountered and to restore cormmunication between the plants, well sites and the RWBPS to ensure water service reliability. Total estimated repair costs are $27,000.00, time and material, not to exceed. FISCAL IMPACT: A transfer offends is necessary via budget amendment as follows: ¥) Amount: $27,000.00 From: Fund 412, (Water Capital Outlay), Cost Center 919010, Reserves To: Fund 412, (Water Capital Outlay), Cost Center 273511, Water Capital Project: 70863, Raw Water Booster Pumping Station Upgrades GROWTH blANAGEMENT IMPA, k'-'T: None IkE__QQ~ATION.$: That the Board of County Commissioners as Ex-Officio the Governing Board of the Collier County Water-Sewer District, approve a purchase order with Wilkins Malcolm & Associates under annual maintenance contract #96-2567, for electrical, controls, surge and lightning protection repair services in the amount of $27,000.00, time and materials, not to exceed, for well nos. 6, 11 and 14 and approve the necessary budget amendment. Executive Summary Page 2 PREPARED BY: '~~ DATE: Peter Sehalt, PMP, Project Manager Office of Capital Projects Managcnnent Office of Capital Projects Management .Ed Ilachner, Administrator Public Works Division Attac~,ent: Three Wilkins Malcolm & Associates propor, xls dat~ August 8, 1997 cc: Michael R. Newman, Waler Director Karl W. Boyer, P.E., Senior Project Manager WILKINS, MALCOLM & ASSOCIATES, Inc. Mx. Pete $chalt Collier County 3301 £aat Tamiami Trail, OCPM Naples, Florida 34112 August 8, 1997 Subject: Quotation to improve qroundlng, re~i~tance to surge damage and co~m~nications at Well ~ou$l~ 6, 11 and 14. D~ar Mr. $chalt; To zm~rove grounding at well stations 6, 11 and 14 we propose to bond all existing ground~ and add & new 10' three point ground grid at each station. Tn improve co~unication~ we propose, new antennas, feed lane, coam connectors, RF surge ar:eetor= which will be relocated closer to mast and mounted on al~inu~ wall plates. We will provide a new enclosure for the radio at Well ll and move it next to the ~ast. We will exam/ne and or modify the well field moftware at the Booster Station to enhahce cO~unication~. We will install, tune and t~t the three exia~1ng radio~. Hardware at well 11: lea. NE~A-4 gray enamel Steel box with window and eubpanel 2ea. conduit and wire for power and ~lgnal to new box lea. RS-232 to R$-422 converte~ lea. DC power ~upply wire d~ct, terminals, mounting rail etc. Mardware at each Well 6, 11 and 14 3ea. 10' ground rodm ;ill 29X lightning protection copper conductor bonded to 1)Service entrance equipment 2)RTU panel 3)Radio panel 4)Field interface panel 5)Antenna Mast 6}RF surge arrestor 7)well piping lea. RF surge arrestor lea. RF ~urge arrestor mounting plate lea. Yag~ antenna All new low los~ coa~ cable and connectors Price ali above not to emceed ............................. $13,500.00 All pricing is bamed on the terx't~ of the tel eJnetry services contract. qccps2 Sincerely, WILKINS, MALCOLM & ASSOCIATES, Inc. com~cx.s - ~v. r~smt~*m^-no~ 661 T~ Phcee 941-353-1191 Fa~ 94 i-353.,09v4 ~:. Pete $chalt Collie: County OCPM 3301 ~.ast ?amiami Trail, OCPM Bldg. Naples, Florida 34112 August 8, 1997 Sub3ect: Quotation to l~rove lightolng resistance at Well ~ouse, 6, ll and 14. Dear Mr. $chalt: To provide improved reai~tance to lightning damage at Well houaem fi, Il at 14 we propoae air ter~tinala located at all four corners of the building roofs. T~e air ter~Linal~ w~ll be bonded to~ether to new ground rod~ at all four corner~ of the building and bonded to the proposed three point ground grid. Price all 3 lightning system~ not to exceed ................ $~,000.00 A~i pricing i~ based on the term~ of the telemetry ~ervice~ contra~ct. Sincerely, Richard L. Wllkin~ Wllkin~, Malcolm i A~soclatea qccpa4 WILK1NS, MALCOLM & ASSOCIA'FES, Inc. CONTROt~ - T~LEMETRY - INSTRUM:EbrrATION &AT~$ & S,I~VICE 661 Tenth Street N.E Napl~. FI. 34120 l~one 941-353-1191 F~ 941-353..0994 Mr. ~ete Schalt Collier County OCPM 3301 East Tamiami Trail, OCFM Bldg. Naples, Florida 34112 August 8, 1997 Subject: Quotstion to replace well pump protection pressure switch controls with flow signal fall safe. Dear Mr. Schalt; To lessen the occurrence of a well pump running in a failed mode and causing excessive damage, we r~com~aend replacing the existing pressure switch control circuit with a flow verification circuit. The existing pressure switch~ cannot positively verify if a well is pumping correctly. It is possible for pressure switch to sense pressure back from the main header and allow a pump to run while producing too low a flow to prevent oYerheatlng. We can deslgn and implement a circuit for each well that reads an established nunimum flow rate that well and will shut dow~ the pui~ when flow falls below the minimum. This circuit wlll allow enough time for the well to start and establish flow before trippxnq it out. Upo~ trip out a fall indication will register at the local RTU panel and create an alarm at the co~uter. The operator will be able to clear the fail mode and restart the well from the computer. If the problem ls valid the well will tri~ out again and the operator may notify maintenance personnel. The circuit will be designed to lnhibit the well if the circuit fails. This safe circuit will function only in remote mode, the local hand operation mode will not be affected. We will install new analog trip switches, mounting boards and power supplies, we will disable the existing pressure sw~tch circuitry and rewl[e the RTU panels at each w~ll house. We will calxbrate each switch and test all functionality through the plant computer with operations personnel. ~rice all 27 wells not to exceed .......................... $9,500.00 Pricing is based on terms of the telemetry s~rvice~ contract. qccps3 Sincerely, Richard L. wilkins Wllkins, Malcolm & Associates E_XECUTIVE SUMMARY ADOPT A RESOLUTION APPROVING A DECLARATION OF EASEMENT ON COUNTY 0 pROPERTY LOCATED ON COUNTY BARN ROAD. QtL[F.,CIIkLT~ To adopt a Resolution apl:noving a Declaration of Easement on County owned property loc County Barn Rc~ad. ~'£J~.;_ A Declaration of Easement has been prepared and approved by the County Attorney': which, once approved, will be recorded in the Public Records of Collier County, Florida. The document will notification to all interested par~ies of the existence of a sidewall,, drainage, utility and maintenance eas~ Count owned Property. On August 13, 1996, the Board of County Commissioners adopted Resolution 96-356 authorizing staff to prope~,y necessary for the County Barn Road Four-Laning .Improvement Project. } t~,,5_C_AL~~ The recordation of the approved Declaration of Easement in the Public Records o County, ~orida in an amount nol to exceed $25.00 will be paid from: Fund: 333 - Road Impact Fee (District #3) Cost Center: 163650 - Road Impact Construction Project: 60t0! - County Barn Road Four-laning ffa.l~Y~ M~_.2LGE~MENT IMPACT: As a Capital Improvement Element project, the recommem consistent with the County's Growth Management Plan. That the Board of County Commissioners: (I) Adopt the attached Resolution; (2) Authorize the Chairman to execute the attached Resolution and the Declaration of ~:~scrncnt; and (3) Authorize staffto record the Declaration of Easement in the Public Records of Collier Count)'. Wllma Iverson, Senior Specialist Real Property Management Department Mirth Momtaz, Project Ma~-ager Ofi3g,e of Capita] ~xrojects Management O~ ~/C~p~_____~cts Man,gcment Ed Ilscbaer, Administrator F,,'.fli¢ Works Division DATE: ~'/ 7_ DATE: __~ DATE: O ; 1 2 3 5 6 7 8 9 10 I1 t2 13 14 15 16 17 18 19 20 21 22 23 25 26 27 28 29 3O 31 32 33 34 35 36 RESOLUTION NO. 97 ADOPT RESOLUTION APPROVING A DECLARATION OF EASEMENT ON COUNTY OWNED PROPERTY LOCATED ON COUNTY BARN ROAD. WHEREAS, Collier County is desirous of encumbering property currently owned by Collier County with an easement as described in Exhibit "A", attached hereto and incorporated herein by reference; and WHEREAS. the described easement is a necessary element of the County Barn Road Four- Laning Improvement Project (Adopled by Resolution 96-356); and WHEREAS. the easement ',','ill allow Collier County to proceed whh the Four-Laning Project in a timely fashion; and X~,q-[EREAS, the Declaration of Easemcnt will be recorded in the Public Records of Collier County, Florida. NOW, THEREFORE. BE IT RESOLVED BY TIlE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: 1. The Board of County Commissioners, hereby approves the Declaration of Easement described in Exhibit "A". This Resolulion adopted this . ATTEST: Dwight E. Brock, Clerk By: ,Clerk ,,, day of ,1997, after motion, second and majority vote. BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLOR.IDA BY: TIMOTHY L. HANCOCK, Chairman Approved as to legal form and sufficiency: Heidi F. Ashton A~istant County Attorney PROJECT: Counly Barn Road PARCEL: 522,822 DECLARATION OF EASEMENT Tills DECLARATION is made this _ day of __ __, 199__, by Collier County, a political subdivision or the State of Florida, having a r:aailing address of 3301 East Tamiami Trail, Naples, Florida 34112, hereina[ler referred to as "D~clarant." Declarant is thc owner of certain real properly situated in Collier County. Florida, more fully described below, hereinafter rcfcned to as thc "Property." The South half(l/2) of the North half(l/2) oflhe Northeast Quarter (1/4) of the Southv..est Quarler (I/¢) of Section 8. To'.vnship 50 South, Range 26 East, Collier Courtly, Florida Declarant hereby declares that the Properly is and shall be 4eld, transfen'ed, sold. conveyed, used and occupied in accordance with and subject to a non-exclusive easement and privilege in favor of Collier County, to enter upon, conslruct and maintain sidewalk, utilily and drainage facilities on the Proper~y as contained in this Declaration and described in Exhibit 'A," attached hereto and made a part hereoF, hereinafter referred to as the "Easement." Thi.~ Easement, as set forth in this Declaration, shall bind, and the benefits thereof shall inure to Declarant and its representatives, agents, successors and assigns. IN WITNESS WHEREOF, Declarant has caused these presents to be execuled the date and )'ear first above written. Al-rEST: DWIGIIT E. BROCK. Clerk BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY Deputy Clerk Timothy L. tlancock. Chairman Approved as to legal form ~ sufficiency: tieidi F. Ashton As.s~statlt County Attorney EXHIBI! "A" PROJECT NO. ~ 5~-~- PRO.~CT pARCEL NO. NOKI'K~ST 03q, N~ ~ ~ Or ~ N I/1 Or 1~ K[: Or 1HE: l~ !/4 c:lr sIr~ I,. THr S 1/2 Of' TH[ H I/2 OF TH[ HI 1/40~ THr. SW 1/4 OF' S~C. COPE LANE gESCR~]].OJ:~[_C~ X SLg~.~AIJ< EASFMENT: WEST 5,0 FEET OF THE SOUTH ~ FEET OF FC~_LO~NG DESCRIBED PARCEL: THE SOUTH 1/2 OF THE NORTH 1/2 OF THE NORTHEAST 1/4 OF THE SOUTHWEST 1/4, LESS THE WEST 50 FEET THF_REOF. OF $~C-nC,~ ~. TO'~t~SH~P 50 SOUTH. R~U~C~ 26 EXST. SKETCH OF DESCRIPTION THIS IS NOT A SURVEY ~RO~C~ ,0. ~0~ ~O~CT ~'~Ca. ~0. 8~ 2 TAX PARCEL NO. ~Jcp,,~O~4-4cooE; THC $ ~/2 OF THE M 1/2 OF 11d£ COPE L~NE J~CRiPTION OF' A CANAL EAS£MF'NT: THE WEST 40 FEET OF' THE NORTH 507 FEET AND THE EAST 57 FEET OF THE SOUTH .31 FEET OF THE WEST 443 FEET OF THE FOLLOWING DESCRIBED PARCEl' THE SOUTH 1/2 OF THE NORTH I/2 OF THE NORTHEAST 1/4 OF THE SCXJTHWEST 1/4, LESS THE WI[ST 50 FEET THEREOF, OF SECT1OH 8, TOVv/tSHIP 50 SOUTH, RAHC4~ 26 EAST. COtTAJN~IG: I~,427 SJ~UAJ~ t'l;LrrT, W(~l: OR SKETCH OF DESCRIPTION TH:S IS NOT A SURVEY EXECUTIVE SUMMARY /~PPROVE BUDGET AMENDMENTS TItAT RECOGNIZE ADDITIONAL REVENUE FROM TIlE TWO PERCENT TOURIST DEVELOPMENT TAX AND TRANSFERS IT TO TIlE COLLIER COUNTY MUSEUM FUND OBJECTIVE; To provide a re~erve in the Collier County Museum Fund for the remainder of FY 97 and provide the carry forward that has been projected in the FY 98 tentative trudger. CONSIDE.R~TIONS: On September 10, 1996, the Board of County Commissioners adopted Ordinance 96--54 that provided for budgeting a portion of thc two percent tourist development tax revenue to fund County-owned museums. Thc ordinance also ~llows the budget to 1:~ amended, provided the total funding for thc tour, cum does not exceed ~even percent (7%) of thc net revenue received from the two percent tourist development tax. During the process of developing the proposed FY 98 budget, staff revi~xt the two percent tourist development tax revenue projections for FY 97. As a result ofthe revised revenue projeclions, an additional $10,600 becasne available for transfer to the Collier County Museum Fund (Fund 198). The additional revenue is included in the FY 98 tentative budget and is required to fund museum operations as proposed. ~~ The attached budget amendments will recognize the additional $10,600 of revenue in the Tourist Development Tax Fund (193-919010-314300) and transfer it to the Collier County Mu~',Jm Fund (198-929020-481193) where it will be budgeted in reserves (198-919010..991000). The budget amendments will increase the transfer to the Museum from $295,200 to $305,g00 and will not exceed the seven percent (7%) limit. GROWTH MANAGEMENT IMpA ,CT: None. ~RECQMMEN~DATIQN[ That the Board of County Con'unissioners approve the attached budget amendments recognizing and appropriating the additional $10,600 of funding available to the museum. M SEP 0 9 Thom~ W. Ollifl; Public(~ic~ Administrator SEP 0 9 ~ BUDGET AI~LENDM]gNT REQUEST Fo~ Budgc~Finmc~ Usc Only A.P.I-L D"' ....................... I FUND TITLE Tourist Development FUND NO. 193 Date prepared: '//1/97 Attach Executive Summary BCC Agenda date Item No. if previously approved. EXPENSE BUDGET DETAIL lnterfund Transfers /[ 929020 Cost Center Title] [Cost Center No. 1 P~roject Title Project No. i Expenditure ExpenditUre Increase Current Revised Object Code Title (Decrease) Budget Budget 91 I980 Transfer to $10,600 S295,200 $305,80.0 Museum TOTAl, $10,600 Cost Center Title I'I Cost Center No. Project Title Project No. Expenditure Expenditure Object Code Title Increase Decrease) TOTAL Revised Budget Reser~'e$ Cost Center Title REVENUE BUDGET DETAIL 919010 Cost Center No. Project Title I Project No. Revenue Revenue Title Increase Current Revised Object Code (Decrease) Budget Budget 314300 Tourist Tax $10,600 $652,100 $662,700 TOTAL $10,600 / RFP EXPLANATION Why are funds needed? Funds are needed to transfer to the Museum to provide a reserve through the end of FY 97 and to provide operating cash for the beginning of FY 98. Where are funds available? Funds are available from additional revenue, based on revised estimates of Tourist Development Tax receipt;. REVIEW PROCESS Cost Center Director' ~ivision'Ad m'i'~istra t~r.~~ ~-'~g ~t Department: Agency Manager: Fin:~nce Department: Clerk of Board Admin.: Input by: B.A. No.: DATE No. I1O l SEP g ' BUDGET AtV[ENDMENT REQUEST FUND TITLE Museum Fund Date prepared: 711197 BCC Agenda date if previously approved. Foe Bud gr'./lrm mc~ Only U~¢ A. ILK D~,~ ....................... FUND NO. 198 Attach Executive Summa~T Item No. EXPENSE BUDGET DETAIL Cost Center Title 919°!0 -- Cost Center No. t IProject Title Expenditure Expenditure Increase Current Revised Object Code Tide (Decre~e) Budget Budget 991000 Reserve for' '$1'0,600 ' $0 $10,600 Contingencies TOTAL $10,600 Cost Center Title Cost Center No. Project Title I [Project No. Expenditure Object Code Expenditure Title Increase Decrease) TOTAL REVENUE BUDGET DETAIL lnterfund Transfers 929020 Cost Center Title Cost Center No. Project TiUe Project No. Revenue Revenue Title Increase Current Revised Object Code (Decrease) Budget Budget 481193 Tourist $10,600 $295,200 $305,$00 Development Tsx Agenda { TOTAL $10,600 SE~ U :~ EXPLANATION Why are funds needed? Funds are needed to provide a reserve for contingencies through the end of FY 97 and to provide Operating cash for the beginning of FY 98. Where are funds available? Funds are available from an additional transfer from the Tourist Development Fund (193), based on revised estimates of Tourist Development Tax receipts. REVIEW PROCESS Cost Center Director: Division Ad ministrator:~~ Budget Del~artment: Agency Manager: Finance Department: Clerk of Board Admin.: Input by: B.A. No.: DATE .... ~Oed ~o.d SEP 0 EXECUTIVE SUMMARY APPROVE THE DEPARTMENT OF ENVIRONMENTAL PROTECTION, FLORIDA RECREATION DEVELOPMENT ASSISTANCE PROGRAM GRANT AGREEMENT FOR SUGDEN REGIONAL PARK. Objective: That the Board of County Commissioners approve the Department of Environmental Protection, Florida Recreation Development Assistance Program grant agreement for Sugden Regional Park. Consideration:On August 21~, 1996 the Parks and Recreation submitted a Florida Recreation Development Assistance Program grant application to the Department of Environmental Protection. On June 7, 1997, staff received official confirmation that the grant was approved. The matching reimbursement grant will provide $100,000 towards the development the following features at Sugden Regional Park: oa playground $ 30,000 · swimming Beach area $ 30,000 · play field $ 5,000 °picnic shelter $ 10,000 .nature trail .$ 25,0,00 $100,000 Upon approval from the Board, a completion date of two years will be written into page 4 of the agreen:,ent by the DEP (see attached lener). This timeline falls well within the estimated project completion of May 1998. Upon completion of the features, the CounW will submit receipts to the DEP. A community assistance counselor will visit the site and then the County will be reimbursed for the grant. Fiscal Impact: lnitial funding for the grant will be paid out of the Regional Park Impact Fee budgeted project co~t. Upon completion, the County will receive a $100,000 reimbursement. Growth Management: Sugden Regional Park is inventoried within the Growth Management plan. Recommendation: Staffs recommends that the Board approve the Department of Environmental Protection, Florida Recreation Development Assistance Program grant agreement. p r epared by:.~.,,.~/~'~.~t~ ~" ~..~t~ tffohn Dunnuck, Operattons Coordinator Department of Parks and Recreation Reviewed and ~_~ Approved by: __ - l~arla Rsms~y, DireCtor Re/creation Department of Parks and Reviewed and_.._.-- -- Appr°ved bY:~'V/ or Thomas W. Olli~T,, Ad~))istrat Division of Public Sera,es Agen~ ~o.. ~ $£P Lawton Chiles Governo¢ Department of Environmental Protection Marjory Stoneman Douglas Building 3900 Commonwealth Boulevard Tallahas~ee, Florida 32399-30OO August 5, 1997 Vir[inii B. '~, Secreta Mr. John Dunnuck Operations Coordinator Collier County 3300 Sancta Barbara Boulevard NaHe3, Florida 34116 Re: Flcdda Recreation Development Assistance Program(FRDAP) Project Agreement Dear Mr. Dunnuck: Thank you for your recent phone call concerning the two blank places on the FRDAP project agreement. The first blank place, on page one (1) of lhe agreement is the date the agreement becomes fully executed. The second blank place occurs on e~her page four (4) or five (5) and this is the date project development must be completed. Both of these dates will be filled in by myself after our division director or designee has signed the agreement. The completion date will be on the last day of the month, two years from the execution date on the fi ont. For example, if'the execution date is August 14, 1997, then the completion date will be August 31, 1999. The Department's legal staff has a~ured us that this method is lawful, as well as allows you, the Gra~ee the most time for project development should the agreement experience any delays in getting the final signature. Sincerely, "y ' ce Consultant Bureau of Design and Recreation Services Division of Recreation and Parks Mail Station ~1585 '~' r "Protect, Conser~ and Manage Florida's Environment and Naturol Resources" ~8027 (DEP Contract Number FLORIDA DEPkRTMENT OF ENVIRONMENTAL PROTECTION FLORIDA RECREATION DEVELOPMENT ASSISTANCE PROGRAM Project Grant Agreement - Development This Agreement is made and entered into this day o , 19 , by and between the State of Florida, DEPARTME of Environmental Protection, hereinafter called the DEPARTMENT, and Collier County, hereinafter called the GRANTEE, in furtherance of'a approved public outdoor recreation project. In consideration of th mutual covenants contained herein and pursuant to Sections 370.023, 375.021 and 375.075, Florida Statutes, and Chapter 62D-5, Part V, Florida Administrative Code, the parties hereto agree as follows: 1. This Agreement shall be performed in accordance with Sections 370.023, 375.021 and 375.075, Florida Statutes, and Chapte 62D-5, Part V, Florida Administrative Code, hereinafter called the RULE. The GRANTEE shall comply with all provisions of the RULE, wh is incorporated into this Agreement by reference, as if fully set forth herein. Failure to comply with provisions of the RULE may result in cancellation of the Agreement by the DEPARTMENT. Dispute concerning the interpretation or application of this Agreement shal be resolved by the DEPARTMENT whose decision shall be final and binding on the GRANTEE. The DEPARTMENT may cancel this Agreement f. failure by the GRANTEE to perform pursuant to the terms and conditi of this Agreement. It is the intent of the DEPARTMENT and the GRAN' Page 1 of 13 9._~ Agen~ SEP 0 that none of the provisions of Section 163.01, Florida Statutes, si have application to this Agreement. 2. The DEPARTMENT has found that public outdoor recreat is the primary purpose of the project known as Sugden Regional Par] (Florida Recreation Development Assistance Program, FRDAP Project Number F98027), hereinafter called the PROJECT, and enters into th~ Agreement with the GRANTEE for construction of public outdoor recreation facilities and improvements on real property, the legal description of which is set forth in the PROJECT application. The PROJECT application is incorporated into this Agreement by referen¢ as if fully set fcrth herein. 3. The GRANTEE will construct, or cause to be constructE certain public outdoor recreation facilities and improvements consisting of the following PROJECT elements which may be modified good cause by the DEPkRTMENT: playground, swimming beach, play fie picnic facility, trail, landscaping, access road, fencing, parking other related support facilities. 4. The DEPARTMENT shall pay, on a reimbursement basis, to the GRAA"rEE, funds not to exceed $100,000.00, which will pay the DEPARTMENT'S share of the cost of the PROJECT. DEPARTMENT fund limits are based upon the following: DEPARTMENT Amount $ 100,000.00 50% GRANTEE Match $ 100.000,OO ~0% Type of Match Cash a~d~n-Kind Services Page 2 of 13 SEP [ The PROJECT reimbursement request shall include all documentation required by the DEPARTMENT for a proper pre-audit and post-audit review. The DEPARTMENT'S Contract Manager shall, within sixty (60) days after receipt of a payment request, review the work accomplisk to date under this Agreement and, if the work and payment request a in accordance with all applicable requirements, approve the request for payment. The DEPARTMENT shall retain 10% of the entire DEPARTM amount until completion of the PROJECT and all PROJEC£ completion documentation, as described in the Florida Recreation Development Assistance Program Completion Documentation, DEP Form 42-006, is submitted to the DEPARTMENT by the GRANTEE. 5. Prior to co~encement of PROJECT construction, the GR3d{TEE shall submit for DEPARTMENT approval the documentation described in the Florida Recreation Development Assistance Program Development Project Commencement Documentation Form, DEP Form 42-005 6. The GRANTEE shall comply with the Division of Recreation and Parks' Grant and Contract Accountability PrOcedure, hereinafter called the PROCEDURE, and incorporated into this Agreeme by reference as if fully set forth herein. The GRA3~TEE shall ensure that all purchases of goods and services for accomplishment of the PROJECT shall be secured in accordance with the GRANTEE'S adopted procurement procedures. Expenses representing the PROJECT costs, including required matching contribution, shall be reported to the DEPARTMENT and summarized on certification forms provided in the PROCEDURE. The PROCEDURE establishes uniform guidelines to be utilized by the DEPARTMENT and the GRANTEE in accounting for PROJECT Page 3 of 13 SEP 0 9 funds disbursed under the PROJECT and sets forth principles for determining eligible costs, supporting documentation and minimum reporting requirements. 7. The GRANTEE shall retain all records supporting PROJECT costs for three (3) years after the fiscal year in which the final PROJECT payment was released by the DEPARTMENT or until final resolution of matters resulting from any litigation, claim or audit that started prior to the expiration of the three-year retention pariod. The DEPART~[ENT, State Auditor General, State Comptroller and other agencies or entities with jurisdiction shall have the right to inspect and audit the GRANTEE'S records for said PROJECT within the retention period. 8. PROJECT funds may be reimbursed for eligible costs incurred by GRANTEE prior to execution of this Agreement if the GRANTEE has been granted a written Waiver of Retroactivity by the DEPARTMENT and all applicable requirements have been satisfied. The DEPARTMENT and the GRANTEE fully understand and agree that there shall be no reimbursement of PROJECT funds by the DEPARTMENT for any obligation or expenditure made prior to the execution of this Agreement with the exception of $-0-, for: None 9. This Agreement shall become effective upon execution and the GRANTEE shall complete construction of all PROJECT elements on or before . The completion date may be extended by the DEPARTMENT for good cause at the written request of the GRANTEE and must be made prior to PROJECT completion date. Page 4 of 13 SEP Og Pg. 10. The DEPARTMENT,S Contract Manager for the purpose of this Agreement shall be responsible for ensuring performance of its terms and conditions and shall approve all reimbursement requests prior to payment. The GRANTEE,S Liaison Age~t, as identified in the PROJECT application, or successor, shall act on behalf of the GRANTEE relative to the provisions of this Agreement. The GRANTEE'S Liaison Agent, shall submit to the DEPARTMENT signed PROJECT status reports every ninety (90) days summarizing the work accomplished, problems encountered, percentage of completion and other appropriate information. Photographs shall be submitted when appropriate to reflect the construction work accomplished. !i. All monies expended by the Gru~NTEE for the purpose contained herein shall be subject to pre-audit review and approval by the Cozptroller of Florida in accordance with Section 17.03, Florida Statutes. 12. Each party hereto agrees that it shall be solely responsible for the wrongful acts of its employees, contractors, and agents. However, nothing contained herein shall constitute a waiver by either party of its sovereign immunity and the limitations set forth in Section 768.28, Florida Statutes. 13. The GRANTEE shall comply with all federal, state and local rules and regulations in developing this PROJECT. The GRARTEE acknowledges that this requirement includes compliance with all federal, state and local health and safety rules and regulations. The GRA/~TEE further agrees to ensure that the GRANTEE,s contract will Page 5 of 13' SEP 0 9 1997 include this provision in all subcontracts issued as a result of thi Agreement. 14. The DEPARTMENT reserves the right to inspect said PROJECT and any and all records related thereto at any reasonable time. 15. This Agreement may be unilaterally canceled by the DEPARTMENT in the event the GRANTEE refuses to allow public access t¢ all documants, papers, letters or other materials made or received in conjunction with this Agreement pursuant to the provisions of Chapter 119, Florida Statutes. 16. Following receipt of an audit report identifying any reimbursement due the DEPARTMENT for non-compliance by the GRANTE! with this Agreement, the GP. ANT£E will be allowed a maximum of sixty (60) days to submit additional pertinent documentation to offset the amount identified as being due the DEPARTMENT. The DEPARTMENT, following a review of the documentation submitted by the GRANTEE, will inform the GRANTEE of any reimbursement due the DEPARTMENT. 17. The DEPARTMENT shall also have the right to demand a refund, either in whole or part, of the FRDAP funds provided to the GRANTEE for non-compliance with the terms of this Agreement. The GRANTEE, upon notification from the DEPARTMENT, agrees to refund, and will forthwith pay to the DEPARTMENT, the amount of money demanded by the DEPAR~'~fENT. Such refund shall include interest calculated at two (2) percent over the prevailing prime rate as reported by the Federal Reserve on the date the DEPARTMENT calculates the amount of refund Page 6 of 13 Agenda %~eq -" NO'~c SEP 0 9 1997 due. Interest shall be calculated from the date(s) of Payment(s) to the GRANTEE by the DEPARTMENT. 18. The State of Florida,s performance and obligation to pay under this Agreement is contingent Upon an annual appropriati¢ by the Florida Legislature. 19. Reimbursement of eligible travel expenses shall be subject to the requirements of Section 112.061, Florida Statutes. 20. Allowable indirect costs shall not exceed 15% of the GRANTEE,S eligible wages and salaries. Indirect costs that exceed 15% must be approved in advance by the DEPARTMENT to be considered eligible PROJECT expenses. 21. If asphalt paving is required for the PROJECT it shall conform to the Florida DEPARTMENT of Transportaticn,s specifications for road and bridge construction. Bid specifications, contracts and/or purchase orders of the GRANTEE must specify thickness of asphalt and square yards to be paved. 22. Prior to final reimbursement, the GRANTEE must erect a Permanent information sign on the PROJECT site Which credits PROJECT funding or a portion thereof, from the Florida DEPARTMENT of Environmental Protection and the Florida Recreation Development Assistance Program. 23. Land owned by the GRANTEE, which is developed or acquired with FRDAP funds, shall be dedicated in Perpetuity by the GRANTEE as an outdoor recreation site for the use and benefit of the public. The dedication must be recorded in the public property records by the GRANTEE. The GRANTEE shall ensure that the PROJECT, if Page 7 of 13 SEP 8 s I~? · P~..~ on GRANTEE-owned land and purchased or developed with FRDAP funds, shall be managed for outdoor recreation purposes for a minimum perio( of twenty-five (25) years from the completion date set forth in the PROJECT completion certificate. Land owned by an entity other than the GRANTEE which GRANTEE controls by lease, permit, license, easement, management agreement or other valid interest and developed with FRDAP funds, shall be managed as an public outdoor recreation area for a minimum period of twenty-five (25) years from the completion date set forth in the PROJECT completion certificate. Such PROJECT shall be open at reasonable times and shall be managed in a safe and attractive manner appropriate for public use. Should GRANTEE convert all or part of the PROJECT site to a use or uses other than DEPARTMENT approved Public recreational uses, the GRANTEE shall replace the area, facilities, resource and site at its own expense with a project of comparable scope and quality acceptable to the DEPARTMENT. In lieu of accepting a replacement facility, resource or site, the DEPARTMENT may require return of all FRDAP funds with applicable interest. 24. The employment of unauthorized aliens by any GRANTEE is considered a violation of Section 274A(e) of the Immigration and Nationality Act. If the GRANTEE knowingly employs unauthorized aliens, such violation shall be cause for unilateral cancellation of this Agreement. The GRANTEE shall be responsible for including this provision in all =ubcontracts with private organizations issued as a result of this Agreement. Page 8 of 13 25. No person on the grounds of race, creed, color, nationa origin, age, sex, marital status or ability level, shall be excluded from participation in; be denied the proceeds or benefits of; or be othe~ise subjected to discrimination in performance of this Agreement. 26. This Agreement strictly prohibits the expenditure of FRDAP funds for the purpose of lobbying the Florida Legislature, the judicial branch, or a state agency. 27. Any local governmental entity, nonprofit organization, or for-profit organization that is awarded funds from a grants and aids appropriation by a state agency shall: (a) If the amounts received exceed $100,000, have an audit performed in accordance with the rules of the Auditor General pro~:ulgated pursuant to Section 11.45, Florida Statutes; or (b) If the amounts received exceed $25,000, but do not exceed $100,000, have an audit performed in accordance with the rules of the Auditor General promulgated pursuant to Section 11.45, Florida Statutes, or have a statement prepared by an independent certified public accountant which attests that the receiving entity or organization has complied with the provisions of this Agreement; or (c) If the amounts received do not exceed $25,000, have the head of the entity or organization attest, under penalties of perjury, that the entity or organization has complied with the provisions of this Agreement. 28. Pursuant to Section 215.422, Florida Statutes, the DEPARTMENT,s Project Manager shall have five (5) working days, unless Page 9 of 13 Agenda. ~.t~ SEP 0 otherwise specified herein, to inspect and approve the services for payment. The DEPARTMENT must submit a request for payment to the Florida DEPARTMENT of Banking and Finance within twenty (20) days; and the DEPARTMENT of Banking and Finance is given fifteen (15) days to issue a warrant. Days are calculated from the latter date the invoice is received or services received, inspected, and approved. Invoice payment requirements do not start until a proper and correct invoice has been received. Invoices which have to be returned to the GRANTEE for correction(s) will result in a delay in the payment. A Vendor Ombudsman has been established within the Florida DEPARTMENT of Banking and Finance who may be contacted if a contractor is experiencing problems in obtaining timely payment(s) from a State of Florida agency. The Vendor Ombudsman may be contacted at 850/488-2924 or 1-800-848-3792. 29. In accordance with Section 215.422, Florida Statutes, the DEPARTMENT shall pay the GRAY, TEE, interest at a rate as established by Section 55.03(1), Florida Statutes, on the unpaid balance, if a warrant in payment of an invoice is not issued within 40 days after receipt of a correct invoice and receipt, inspection, and approval of the goods and services. Interest payments of less than $1 will not be enforced unless the GRANTEE requests payment. The interest rate established pursuant to Section 55.03(1), Florida Statutes, by Comptroller's Memorandum No. 3 (1996-97) dated December 3, 1996, has been set at 10.0% per annum or .02740% per day. The revised interest rate for each calendar year beyond 1997 for which the term of this Agreement is in effect can be obtained by calling the Page 10 of 13 DEPARTMENT of Banking and Finance, Vendor Ombudsman at the telephone number provided above or the DEPARTMENT,s Contracts Section at 850/922-5942. 30. A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not perform work as a grantee, contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, Florida Statutes, or Category Two, for a period of 36 months from the date of being placed on the convicted vendor list. 31. In addition, a copy of the audit or attestation as required in paragraph 27, shall be submitted to the DEPARTMENT within one (1) year from the PROJECT completion date as set forth in the PROJECT completion certificate. 32. This Agreement is not intended nor shall it be construed as granting any rights, privileges or interest in any third party without mutual written agreement of the parti,s hereto. 33. It is understood by the parties that the amount of this Agreement may be reduced should the Governor,s Budget Office declare a revenue shortfall and assess a mandatory reserve. Should a shortfall be declared, this Agreement may be reduced by the same percentage as the DEPARTMENT is assessed for the mandatory reserve. 34. This Agreement represents the entire agreement of the parties. Any alterations, variations, changes, ~odifications or waivers of provisions of this Agreement shall only be valid when they Page 11 of 13 have been reduced to writing, duly executed by each of the parties hereto, and attached to the original of this Agreement. Page 12 of 13 IN WITNESS WHEREOF, the parties hereto have caused these presents to be duly executed on the day and year first above written. STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY By: Division Director or Designee Division of Recreation and Parks By: Chairman or Designee* Title: Address: Address: Bureau of Design and Recreation Services 3300 Santa Barbara Boulevard Division of Recreation and Parks Naples, Florida 33999 3900 Commonwealth Boulevard Mail Station 585 Tallahassee, Florida 32399-3000 Approved as to Form and Legality: This form has been pre-approved as to form and legality by Gary L. Heiser, Assistant General Counsel, on May 14, 1997, for use for one year. Grantee Attorney *If someone other than the Chairman signs the contract, a resolution, statement or other document authorizing that person to sign the contract on behalf of the county must accompany the contract. DEP 42-058 Revised 06-11-96 Page 13 of 13 EXECUTIVE SUMlVL~,RY RECOMMENDATION THAT TIlE BOARD OF COUNTY COMMISSIONERS APPROVE THE ATTACItED BUDGET AMENDMENT RECOGNIZING CONTRIBUTIONS TO THE GOLDEN GATE COMMUNITY CENTER FOR THE SUMMER CAMP PROGRAM. Objective: That the Board of County Commissioners approve the attached budget amendment recognizinl contributions to the Golden Gate Community Center for the summ~ camp program. Considerations: The Golden Gate Community Center received a $700 donation from the Golden Gat~ Kiwanis to provide t-shirts for the summer camp participants at the community center. The orange t-shirts a~ ulilized to recognize children during field trips and special events t~ough out the summer camp. The attache~ budget amendment recognizes these donations and appropriates the money into the proper object codes a: reimbursement for the purchase of the t-shirts. Fiscal Impact: The budget amendment recognizes revenues for donations and places the money into th~ appropriate expense object code in the Golden Gate Corrununi~ Center, Fund 130. Growth Management: None Recommendation: That the Board of County Commissioners approve the at~tached budget amendmen recognizing contributions to the Golden Gate Community Center for Summer Camp program. (./lohn Durmuck, Operations Coordinator Department of Parks and Recreation Reviewed and t~. ~ ~ Approved By: f Maria Ramsey, D~tor Department ofPaYks ~d Recreation Date: Reviewed and Division of Public S~'rv/ces no.~ SEP 0 a Pg'_.../ BUDGET AMENDMENT REQUEST IFor Budgc',/'Financc Usc Only BA# ............................... 13AJ~ .............................. A.P.H. Da~c ....................... FUND TITLE Golden Gate Community Center FUND NO. 130 Date prepared: April 28, 1997 Attach Executive Summary BCC Agenda date Item No. if previously approved. EXPENSE BUDGET DETAIL IGolden Gate C C 157710 [none 0 Cost Center No. I Project Title ' No. Expenditure Expenditure Increase Current Revised Object Code Title ('Decrease) Budget Budget 652990 Other 700.00 24000.00 24700.00 Operating Supplies TOTAL 700.00 REVENUE BUDGET DETAIL Cost Center Title Cost Center No. Project Title Revenue Revenue Title Increase Current Revised Object Code (Decrease) Budget Budget 366900 Contributions- 700.00 ~ ~cou 700.00 q, 7cc, Private Sources TOTAL 700.00 EXPLANATION Why are funds needed? Place money back into operating expense from donations for summer camp program. Where are funds available? Funds are available in revenue object code Contributions- Private Sources". REVIEW PROCESS Cost Center Director: '--_'~~ ~Div.isi°n_Administrat °r: ~l~tc~ ~~ t~uaget Department- -. v v 'I~ /' Agency Manager: Finance Department: Clerk of Board Admin.: Input by.' B.A. No.: DATE SEP 0 9 1997 EXECUTIVE SUMMARY AGREEMENT APPROVAL BETWEEN COLLIER COUNTY AND TIlE STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS FOR THE REVIEW AND UPDATE OF HAZARD ANALYSES AT FACILITIES POSSESSING EXTREMELY HAZARDOUS SUBSTANCES AT OR ABOVE THE THRESItOLD PLANNING QUANTITY WITHIN COLLIER COUNTY OBJECTIVE: That the Board of County Commissioners approve the attached Agreement (98CP-3V-09-21-22-005) between the State of Flor/da Department of Community Affairs and Collier County to accept the stun of $21,299.00 for the update of Hazard Analyses for facilities within Collier, registered with the State, that have Extremely Hazardous Substances on site that are in quantities above the tlu'eshold planning quantity. CONSIDERATION: With the enactment of the Superfund Amendment ,and Reauthorization Act of 1986 (SARA Title III) and the State of Florida Hazardous Materials Response and Community Right to Know Act of 1988 (Chapter 252, Pan II, F.S.) each county was tasked to develop a response plan which meets all Federal and State requirements. This Hazardous Material Response Plan was approved and adopted by the Board of County Commissioners on August 13, 1991. In addition to Federal and State requirements, the Conservation and Coastal management Element of the Collier County Growth management Plan requires that th. is plan be updated biennially. To accomplish this task the Department of Community Affairs has agreed to prov/de funding in the amount of $21,299.00 for performing this work according to the attached Scope of Work and Schedule of Deliverables and Payments. In accordance with Florida Administration Rule 9G-6, Collier County's plan and Ha?nrd analyses must be updated biennially with the next completion date occurring no later than September 30, 1998. 5EP 0 9 199 FISCAL IMPACT: ~uring the F~ ~ ~get p~ces,, it ~as anticipated ~t ~ ~o~ ~t o~ ~ ~ld~ ~15,~. ~ ~~ ~t~ in t~ ~y ~~. Grmts ~ (118).~ ~t ~ ~ ~ f~t ~ $21,~ ~ ~l~ in ~ mlut~ ~t ~t ~ tim ~ at ~ First ~lic.~ ~ ~r 3, 1~7. GROWTI-I MANAGEMENT IMPACT: This update is required by the Collier County Growth Management Plan, Cons~wvation ;md Coastal Management Element, Objective 9.1. RECOMMENDATION: That the Board of County Commissioners approve the attached Agreement between the State of Florida Department of Community Affairs and Collier County for the update of Hazard Analyses to the Hazardous Material Response Section of the Comprehensive Emergency Management Plan. Upon approval of this Agreement, the Emergency M.'magement Director shall be the authorized official who will prepare and remit the invoice(s) as specified in Attachment "A", Scope of Work and Schedule of Payments. SUBMITTED BYK{ ..... .t/ 7~/,~,.,- ~- Date: .er ,~', 9¢ Kenneth F. Pine. au, Emergency M,'magement Director REVIEWED BY: (~z,,,e~..-~'----' Date: ~ 7/'~7 ~f~ Walker, Risk Management DireCtor ' REVIEWED BY: Leo~-Oc~is, Jr., ~]~pport ~ervices Adm/hist~ator APPROVED BY: Date: Robert F. Fernandez, County Administrator Agreement Nun%her: 98CP-3V-09-21-22-005 AGREEMENT BETWEEN THE STATE OF FIX)RIDA DEPARTMENT OF COMMIINITY AFFAIRS AND. (NAME OF COUNTY) This Agreement is entered into by and between the State of Florida, Department of Community Affairs, hereinafter referred to as the "Department" and Collier County, hereinafter referred to as the "County." WITNESSETH: This Agreement is entered into based on the following facts: h~EREA_g, the Department and the County recognize the significant threat that hazardous materials incidents pose to the residents and the environment of the State of Florida; and WHEREAS, safeguarding the lives and property of its residents is an innate responsibility of the governing body of each county in the State of Florida; and WHEREAS, the 1997 Legislature authorized 'funding. to support county hazardous materials emergency planning th_rough the Department. NOW, THEREFORE, in consideration of the mutual covenants, promises and representations herein, the Department and the County hereby agree as follows: ARTICLE I. SCOPE OF WORK A. The County shall furnish the necessary personnel, materials, services and facilities (except as otherwise provided herein) and shall do all things necessary for or incident to the performance of work and services set forth in this Agreement and in the Scope of Work attached hereto and incorporated by this reference as Attachment A. B. The County shall perform and render such work as an independent contractor and not as an agent, representative or employee of the Department. 'Such work shall be performed in a proper manner, satisfactory to the Department. SEP 0 9 1997 ARTICLE II. COMPENSATION AND FINANCIAL REPORTING REQUIREMENTS A. This is a fixed fee Agreement. The County shall be paid for the satisfactory performance of the Scope of Work referenced herein, in the amount not to exceed $21,299, subject to any reduction or adjustment imposed on state appropriations pursuant to law. B. Upon execution of this Agreement, the County shall be compensated for tasks completed in accordance with the Scope of Work and Schedule of Payments, which are incorporated in this Agreement as Attachment A, except as provided herein. C. The payment of the percentages of the fixed fee amount will be made on a performance basis in accordance with the percentage of work tasks submitted, except that the final 25 percent will not be released until the final work product is submitted, and determined to be acceptable by the Department. Absent any extenuating circumstances, work submitted after August 1, 1998 will not be accepted, reviewed or compensated. The Department will be the sole authority for determining extenuating circumstances and granting exten5ions to the work submission deadline. D. Each request for payment shall be initiated by the Department upon receipt of an acceptable Financial Invoice using Attachment C. The Financial Invoice (Attachment C) shall be si~ned by the County Emergency Management Director or an official desig~nated by the director. No request will be processed until the Financial Invoice is correct and supported by a product which meets the requirements of Article IV, Attachments A, B and D, and this Article. E. If the Department finds that the County is not in compliance with the terms of this Agreement, or is not in compliance with any other grant program administered by the Department, then, without waiving its right to terminate this Agreement, the Department may, with written notice, withhold payment until the County is in compliance with and is performing satisfactorily under this Agreement or the applicable requirement of any other grant program administered by the Department. The notice will be sent by certified u~ail, with return receipt requested, to the desi~nated contact person. NonconTpliance under this section includes, but is not limited ~o, the County's failure to perform in accordance with the Scope of Work here'in or failure to submit timely, accurate and co~q31ete products required under this Agreement. F. The Department shall immediately notify the County by certified mail, return receipt requested, if any reduction or adjustment is imposed upon State appropriations that will affect the funding of this Agreement. Parties shall then revise the Agreement accordingly, using the procedures set forth in Article VI below. ! I SEP ARTICLE III. AUDITS AND RECORDS The County agrees: A. To maintain books, records a~nd documents in accordance with generally accepted accounting procedures and practices which sufficiently a~nd properly reflect all expenditures of funds provided under this Agreement. Such books, records and documents shall be subject to inspection, review or audit by State personnel and other personnel duly authorized by the Department at reasonable times upon reasonable notice to the project manager. B. To allow public access to all documents, papers, letters or other materials subject to the provisions of Chapter 119, Florida Statutes, and made or received by the County in conjunction with this Agreement. It is expressly understood that the County's refusal to co~ply with this provision shall be grounds for unilateral te~nination of this A~reement by the Department. C. To retain all financial records, supporting documents, statistical records and s~ny other documents pertinent to this Agreement for a period of three years after the tez-mination date of this Agreement or, if an audit has been initiated and audit findings have not b~en resolved at the end of three years, the records shall be retained %until resolution of the audit findings. ARTICLE IV. REPORTING REQUIREMENTS AND MONITORING A. The Department shal~ be enti{led at all t~es to be a~vised verbally or, if requested, in writing, of the status of the work being performed by the County. Upon request, a written status report will be provided within ten (10) days. Either party to the Agreement may request, and be granted upon reasonable notice, a conference for the presentation of reports or the resolution of problems. B. Within thirty (30) days of the execution of this Agreement, the County shall sut~nit to the Department the County's timeline or work schedule for the co~letion of the scope of work, along with a desiguuated contact person, address, and telephone nur~r. ~ne County shall also indicate the software program that will be used to ~enerate the hazards analyses (.i.e. CAMEO DOS, Chemdata, etc.). The Department reserves the right to approve, or disapprove, software to be used to generate hazards analyses. 3 ART I CLE V. TERMS OF AGREEMENT A. This Agreement shall begin on the last date of si~ning and shall end on September 30, 1998. B. Either party may terminate this Agreement for cause upon such written notice as is reasonable under the circumstances, or ter~tinate this Agreement without cause by giving thirty (30) days notice to the other party. Written notice shall be delivered by certified mail, return receipt requested, or in person with proof of delivery. C. The D~partment may terminate the Agreement due to unavailability of funds with such notice by certified mail, return receipt requested, as is reasonable under the circumstances. D. The sole intent of this Agreement is to provide financial assistance to the counties to support the conduct of site-specific hazards analyses and hazardous materials emergency raanagement activities. It is therefore required that all expenditures paid from this fund be directly related to hazardous materials preparedness, response, recovery or mitigation activities. Contract funds are not required to be expended within the contract period. Any payments received after termination of the Agreement shall be considered payments for work performed pursuant to the Agreement. ARTICLE VI. MODIFICATIONS Either party may request changes to this Agreement, including adjustments in the Scope of Work to be performed and time of performance. Such modifications may be proposed in writing by either party and become effective upon being reduced to writing executed by both parties. Ail requests for changes to this Agreement shall be delivered by certified mail, return receipt requested, or in person with proof of delivery. ARTICLE VII. SUBCONTRACTS A. If the County subcontracts any of the work reguired u~.der this Agreement, the County agrees to include in the subcontract that the subcontractor is bound by the terms and conditions of this Agreement with the Department, and agrees to provide the subcontractor with a copy of this Agreement and agrees to provide the Department with a copy of the subcontract. All subcontracts shall be subject to the approval of the Department B. The County agrees to include, unless prohibited by law, in the subcontract that the subcontractor shall hold the County and the Department harmless against all claims of whatever nature by the subcontractor arising out of the performance of work under the subcontract. ARTICLE VIII. VENDOR PAYMENTS A. Pursuant to Chapter 215.422, Florida Statutes, the Department shall issue payments to vendors within forty (40) days after receipt of an acceptable invoice and receipt, inspection, and acceptance of goods and/or sea-vices provided in accordance with the terms and conditions of the Agreement. Failure to i~sue the warrant within forty (40) days shall result in the Department paying interest at the rate established pursuant to Section 55.03(1), Florida Statutes, on the unpaid balance. The interest penalty shall be paid within fifteen (15) days after issuing the warrant. B. Vendors experiencing problems obtaining timely payment(s) from a state agency may receive assistance by calling the State Comptroller's Hotline at 1-800-848-3792. ARTICLE IX. STANDARD CONDITIONS The County agrees to be bound by the provisions included in the Standard Condit'ions attached to and incorporated by reference in this Agreement. [The remainder of this page has been intentionally left blank.] ~. ?~/ SEP 0 9 1997 TERMS AND CONDITIONS This Agreement and its referenced attachments constitute all tile terms and conditions agreed upon by the parties. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date written below. FOR THE COUNTY: COLLIER COUNTY FOR TIKE DEPARTMENT: STATE OF FLORIDA DEPARTMENT OF COMMUNTTY AFFAIRS: BY: Authorized County Official TIMOTHY L. HANCOCK, CHAI2KMAN Board of ~;gunty Commissioners Name/Title Date: BY: Date: Authorized Department Official Name/Title Federal Employer ID Number DWIGHT E. BROCK, CLERK BY: (Attesting Signature) Approved as to Form ~nd Legal Sufficiency Tho~mas C. Palmer, Assistant County Attorney STANDARD CONDITIONS 1. The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the L~gislature and subject to any reduction of the appropriation in accordance with Chapter 216, Florida Statutes (F.S.). 2. Extension of an Agreement for contractual services shall be in writing for a period not to exceed six (6) months and shall be subject to the same terms and conditions set forth in the initial Agreement. There shall be only one extension of the Agreement, unless the failure to meet the criteria set forth in the Agreement for completion of the Agreement is due to events beyond the control of the contractor. 3. All bills for fees or other compensation for services or expenses shall be submitted in detail sufficient for a proper pre- audit and post-audit thereof. 4. All bills for any travel expenses, if authorized by this Agreement, shall be submitted in accordance with Section 112.061, F.S. 5. The Department of Community Affairs reserves the right to unilaterally cancel this Agreement for refusal by the contractor to allow public access to all documents, papers, letters, or other materials subject to the provisions of Chapter 119, F.S., and made or received by the contractor in conjunction with the Agreement. 6. The County shall provide the Department with an annual financial audit which meets the requirements of Sections 11.45 and 216.349, F.S., and Chapter 10.550, Rules of the Auditor General. A copy of the County's annual financial audit should be forwarded to: Department of Community Affairs office of the Inspector General 2555 shumard Oak Boulevard The Sadowski Building Tallahassee, Florida 32399-2100 7. Pursuant to Section 216.347, F.S., the County agrees ~that no funds fro~ this Agreement will be expended for the purpose of lobbying the Legislature or a state agency. 8. The State of Florida will not intentionally award publicly- funded contracts to any contractor who knowingly employs unauthorized alien workers, constituting a violation of the employment provisions contained in 8 U.S.C. Section 1324a(e) [Section 274A(e) of the Immigration and Nationality Act ("INA")]. The Department shall consider the employment by any contractor of unauthorized aliens a violation of Section 274A(e) of the INA. Such violation by thi ~9', x~£, J "~. /<,',9 / SEP 0 9 1997 Recipient of the employment provisions contained in Section 274A(e) of the INA shall be grounds for unilateral cancellation of this Agreement by the Department. 9. A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public enuity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with a public entity, and may not transact business with any public entity in excess of Category Two for a period of 36 months from the date of being placed on the convicted vendor list. [The remainder of this page has been intentionally left blank.] i SEP 0 ATTACHMENT A SCOPE OF WORK AND SCHEDULE OF PAYMENTS }{AZARDOUS M3%TERI;tLS SITE-SPECIFIC HAZARDS A/qA/~YSES Submission of completed hazards analyses that comply with the hazards analysis criteria outlined in Attacf~ent D. The primary guidance document is the "Technical Guidance for Hazards ;%nalysis." ;tll hazards analyses shall be consistent with the provisions of this document. Any variation from the procedures outlined in this document must be requested in writing by certified mail, return receipt requested and approved by the Department. I. DESCRIPTION OF WORK Activities to be carried out at a m/nimum are as follows: TASK 1: Review and Update of Hazards Analyses Review and update hazards analyses for all facilities listed in Attachment B, which have reported to the State ~mergency Response Con~nission (SERC) that they have present those specific Extremely Hazardous Substances (EHSs) designated by the Environmental Protection Agency (EPA) in quantities at or above the Threshold Planning ~uantity (TPQ). It is required that each .Attachment B facility be contacted by survey, telephona or on-site visit to ensure accuracy of hazards analysis. Each facility hazard~ analysis must include, but is not limited to the following items: 1. Hazard Identification a. Location of the facility and SERC Code b. Chendcal identities Type and design of storage container or ~ vessel Maximum quantity on-site and amount in largest vessel (or interconnected vessels) e. Nature of the hazard f. Transportation routes to the storage facility Provide evacuation route directions from the Vulnerable Zone (VZ) based on wind direction. Vulnerability ~nalysis 3 o ao The extent of the Vulnerable Zone (VZ) that may be affected given a worst case release scenario. This analysis includes a m~p and a North arrow with a specific scale (bar, numeric or word) which clearly identifies the site and VZ boundaries and, where necessary, an awareness of conti9%~ous states or counties that would be affected by a spill or release. Identification of critical facilities or sensitive institutions located within the VZ and an estimate of each critical facility maximum expected occupancy. An estimation of the total exposed population within the VZ. (This total should reflect the combined total of critical facility maximum populations plus the residential/commercial population within the VZ.) Risk Analysis a. Probability of release bo Severity of consequences of human injury Severity of consequences of damage to property · Severity of consequences of environmental exposure e. Historical Accident Record Identify and list those facilities in Attachment B for which a hazards analysis was not sulxaitted. Supporting documentation maJSt be provided with the list to acccr~n~ for the facilities for which a hazards analysis was not completed. In addition to the SERC Code Identification, supporting documentation should indicate: Facility has closed or is no longer in business. Facility is not physically located in the County (indicate appropriate county location, if known). l0 SEP O ~ 1997 Facility does not have £HSs on site or £HSs are below TPQ. These facilities require: A Statement of Determination from the facility representative for the previous reporting year; and A letter fro~ the facility representative fully explaining why the EHSs are not now present at or above TPQ. TASK 2: Coordination of Activities The following includes, but Is not limited to, activities to be performed ~der this A~reement: ao Notification of the County's contact person, address and telephono number and software utilized within thirty (30) days of the execution of this Agreement, as outlined in Article IV. Submission of one completed hazards analysis by December 31, 1997 for review for consistency with the established planning criteria. Co Participation in a technical assistance training session provided by the Department of Community Affairs is necessary to fulfill the Scope of Work. Submit a list of facilities in the County believed to have present Extremely Hazardous Substances as designated by the Environmental Protection Agency in quantities at or above the Threshold Planning Quantity, but have not reported to the State Emergency Response Co~mission and are not included on Attachment B. Notify response agencies within the county bf the availability of hazards analyses information and make information available upon request. TASK 3: A. On Site Visits Conduct a detailed on-site visit for at least 35 percent of the facilities li~ted in Attachment B, to confirm the accuracy and completeness of infor~rmtion in the hazards analysis (Task 1). Prioritize the facilities to be visited based upon the following criteria: New facilities as evidenced by the "Date Notified" column on Attachment B. 11 SEP 0 199 Facilities not visited during the previous contract year. Note: It is encouraged that each Attachment B facility receive ~n on site visit. Thig will allow for the achievement of the 100 percent on site visitation goal desired by the State Emergency Response Commission. Submit a site plan map of the location of EHSs at the facility with sufficient detail to identify: 1. Location of major building(s) 2. Location of container(s) of E}ISs 3. Location of major streets and entrance(s) 4. North arrow and scale, if determined, or not to scale List facilities on Attachment B for which an on-site visit was performed 35 percent). TASK 4: Final Work Product Submission of one (1) copy of completed hazards analyses for all facilities listed in Attachment B in a format acceptable to the Department for review and approval. Upon final approval of all analyses submitCed, a complete and corrected second copy shall be sent to the Local Emergency Planning Committee. A copy of the transmittal letter shall be submitted to the Department. II. SCHEDULE OF PAYMENTS ao The first payment of 20 percent of the fixed fee amount may be made within thirty (30) days of the execution of this Agreement dependent upon receipt of items listed in ;%rticle IV.B. of this Agreement. After the initial payment, the paymenC percentage will be made on a performance basis that is commensurable with the percentage of hazards analyses for facilities appearing on Attachment B sub~flitted and approved as indicated Attachment C Financial Invoice. Co Twenty-five percent of the fixed fee amount will not be released until the final work product is co~pleted and determined to be acceptable by the Department, within the cime frames provided in this Agreement. 12 SEP 0 9 1997( ATTACHMENT COUNTY FACILITY LISTING 13 SEP 0 9 199i SEP O~gg7 SEP 0 B ~... SEP 0 g 1~ J ~TTACI~£NT C FINANCIAL INVOICE FOR HAZAR/)OUS MATERIALS HAJ2LRDS ANALYSIS UPDATE COU~:rrY/AGENCY AGREEM~-/qT # 3 o COST CLASSIFICATIONS AMOUNT REQUESTED BY THE COUNTY* Contact and Timeline (20% Max.) $ Hazards Analyses (55% Max.} (Total completed/submitted:__ )$. Final Work Product completed $ (25% Max) TOTAL AMOUNT AMOUNT APPROVED BY THE DEPARTMENT $ $. $ I certify that to the best of my knowledge and belief the billed costs are in accordance with the. terms of the.Agreement:. Signature of Authorized official/Title 'TOTAL AMOUNT TO BE PAID AS OF THIS INVOICE $ AUTHORIZED BY. (TO be completed by the Department) *Request amount should reflect current p&y~ent only. 14 ATTACKMENT D Provide the following information for each facility listed in Attachment B. 1.0. 2.0. Facility Information 1.1. Facility name a~d address Provide both physical address (no Post Office Box) and mailing address, if different. Identify any discrepencies (facility name and/or address) compared to the Attachment B listing. 1.2. Facility Emergency Coordinator Provide the name, title and telephone number (including 24-hour) of the designated facility coordinator. 1.3. Transportation Routes List the main routes used to transport chemicals to and from the facility. 1.4. Evacuation Routes Based on wind direction, identify the route downwind to exit the largest vulnerable zone. 1.5. List of all E~Ss On-site Provide a list by Chemical Abstract Service (CAS) number of all £HSs used, produced, or stored at the facility. 1.6 Facility Identification SERC Code and geographic coordinates. Hazard Identification Provide the following information for each EHS at or above the TPQ at the facility. 15 · . 2.1. Chemical Identity 2.3. Provide proper chemical name, CAS number, and natural physical state of each EHS according to Exhibit C of the Technical Guidance for Hazards Anaylsis. Maxim%~ Quantity On-Site Express in pounds the maximum quantity of each EHS the facility would have on-site at any given time. Amount in Largest Vessel or Interconnected Vessels Express in pounds the amount of each EHS stored in the largest vessel or interconnected vessels. Type, Design and capacity of Chemical Container Indicate the storage method for each EHS, i.e., drum (15, 30, 55 gallons), cylinder (100 pounds, 150 pounds or i ton), tank (1,000, 10,000 or 100,000 gallons). 2.5. Nature of the Hazard Describe the type of hazard most likely to accompany a spill or release of each EHS, i.e., fire, explosion. Vulnerability Analysis 3.1. Extent of the Vulnerable Zone Identify the estimated geographical area that may be subject to concentrations of an airborne EHS at levels that could cause irreversible acute health effects or death to human populations within the area following an accidental release. 3.2. Critical Facilities List facilities within the vulnerable zone which are essential to emergency response or house special needs populations, i.e., schools, public safety facilities, hospitals, etc., and their maximum expected occupancy. 16 SEP 0 ~t 3.3. Estimated Exposed Population 4.0. Provide an estimate of the total pogulation within the vulnerable zone that would be affected in a worst case release. This total Ghould reflect the cofl~bined =oral of critical facilities maximum populations plus the residential/commercial population within the 3.4 Estimated Facility Population Provide an estimate of the number of employees for the facility. Risk Analysis 4.1. Probability of Release Rate the probability of release as Low, Medium or High based on the Technical Guidance for Hazards Analysis. Considerations should include a history of previous incidents and current conditions and controls at the facility. 4.2. Severity of Consequences of Human Injury Describe the severity of consequence if an actual release were to occur. 4.3. Severity of Consequences of Damage to Property Describe the potential damage to the facility, nearby buildings and infrastructure if an actual release were to occur. 4.4. 4.5. Severity of Consequences of Environmental Exposure Describe the potential damage to the surrounding environm~ntally sensitive areas, natural habitat and wildlife if an actual release were to occur. Historical Accident Record Describe any past releases or incidents that have occurred at the facility to include date, time, chemical name, quantity and number of persons injured or killed. (This information is available from the facility). 17 EXECUTIVE SUMMARY TO REQUEST THE BOARD TO RECOGNIZE ADDITIONAL 800 MttZ SYSTEM REIMBURSEMENT REVENUES AND APPROVE ALLOCATION OF A PORTION OF 800 MHZ SYSTEM REIMBURSEMENT REVENUES TO FUND PERMIT AND LICENSING FEES ASSOCIATED WITH THE PROJECT. O~BJ.E. CTIVE: To request the Board to recognize additional 800 MHz system reimbursement revenues and approve allocation of a porlion of g00 MHz system revenues to fund permit and licensing fees associated with the project. .~.~.~_]~,A.~J~N~ Funds were allocated in Fund 301 for expenses associated with implementation of the 800 MHz radio system. Funds not encumbered were not carried forward from FY 96 to FY 97. As a result, funds allocated for permit and licensing fees are no longer available. As the project is closed out, Collier County is responsible for permit and licensing fees that have not yet been charged to the project. The attached budget amendment will allocate a portion of previously unanticipated 800 MHz reimbursement revenue from system users for these permit and licensing fees. FISCAL IMPACT: Upon recognition of previously unanticipated reimbursement revenue in the Countywide Facilities Fund (301), 800 MHz project (cost center 140480), funds will be appropriated for licenses and permits (expenditure object code 649010) in the same fund and cost cente! ~n rJ~e an:x~'zt~ of $6,000. GI{OV~{ MANAGEMENT IMPACE_: NONE RECOMMENDATION~ That the Board of County Commissioners approve the attached budget amendment so that remaining permit and ~icensing fees can be paid. PREPARED BY~~ t OhS DATE: ~'/John Daly, Radio Communica [ Manager Willi~ Co~l~, 1~ ~ ' . APPROVED ~o ~hs, Su~ ~ices Admini~tor I SEP 0 9 19S? BUDGET A3'IENDMENT REQUEST FUND TITLE COUNTY WIDE CIP FUND NO. 301 Date prepared: 08/01/97 Attach Executive Summary BCC Agenda date Item No. if previously approved. EXPENSE BUDGET DETAIL Cost Center Title ~ ~2enter No. Title No. Expenditure Object Code Expenditure Title Increase (Decrease) Current Budget Revbed Budget 649010 LICENSES/ 56,000 0 56,000 PERMITS TOTAL $6,000 i Expenditure Expenditure Increase Current Revised Object Code Title (Decrease) Budget Budget TOTAL RECEIVED 1N~0c..~TiON TECHNOLOG~ SEP 1997 Cost Center Title Cost Center No. Project Title Project No. Revenue Revenue Title Increase Current Revised Object Code (Decrease) Budget Budget 493122 INFO $6,000 o SYSTEMS TOTAL $ .6,000. EXPLANATION 'Why are funds needed? Funds are required to pay frequency coordination fees, funds budgeted but not encumbered were not carried forward from FY 96 to FY 9'/ Where are funds available? 800 MHz project revenue in fund 301 REVIEW PROCESS Cost Center Director: Division Ad ministrato '.r:?~.~,' :"-'":' ""' "-~j C. ~.-.-~ Budget Department: \ "~ ~'' // - Agency Manager: Finance Department: Clerk of Board Admin.: Input by: B.A. No.: : DATE EP 0 9 1997 EXECUTIVE SUMMARY APPROVAL FOR A RESOLUTION AUTHORIZING EXPENDITURE OF FUNDS FOR A PICNIC TO RECOGNIZE COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS EM PLOYEES. OBJECTIVE: That the Board of County Commissioners approve a resolution finding that specific expenditures for the October 26, 1997 Collier County employee picnic are a valid purpose to recogr~e outstanding service by Collier County employees. CONSIDERATIONS: That the Board of County Commissioners is desirous of creating, within Collier County Government, a more productive and efficient working environment. To this end, the employees have organized a County employee picnic scheduled for October 16, 1997. It is the purpose of these expenditures to recognize outstanding community service by Collier County employees by providing a picnic for the employees and their families. The expenditures are estimated to be S6800.00 and shall not exceed $7,000.00. The range depends on the number of employees participating. This year's theme is of a "Caribbean" nature. Staff is requesting that funds be allocated from General ,~.md Reserves and from funds ear marked for discretionary spending derived frcm the Gain Share Program. Staff from the Water Department and Facilities Managemeri! are offering a portion of their gain sharing funds to supplement the Board's contribution. A local food service provider would be secured to supply a chicken/cheeseburger fzrc, for the event. The attached Resolution is provided in order to ratify related expenditures for this event. Communication has occurred between the County Clerk of Courts and the County Attorney's office regarding the need for the Board of County Commissioners to citify whether the expenditures for the picnic constitute a valid public purpose. This specifically is desired because Collier County Ordinance No. 87-5 does not cover the exact expenditure categories involved in the picnic. It is the purpose of the proposed attached resolution to clarify the Board's intent to approve the expenditures for the picnic. The specific categories of expenditures (the total amount of which shall not exceed $7,000.00) are as follows: tents, bounce house, snow cone machine, food catering, drinks, brownies, band, pony, clown and miscellaneous expenditures related to the above mentioned list. FISCAL IMPACT: Expenditures for this event are estimated at $7000.00, of wffich $2,900.00 would be appropriated from the General fund Reserves, $2,600.00 would come from the Facilities Management operating budget (001-122240) and $1,500.00 would be appropriated from the Water Department Cost Center (408-210125). SEP 0 19 ? I Executive Summary Page Two GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: qt'hat the Board approve the attached Resolution approving specific expenditures to be incurred at the Collier County employee picnic on October 26, 1997 and the necessary budget amendments. Further, that the Board find that said expenditures serve a wlid public purpose and that the Board authorize the Chairman to sign said Resolution authorizing disbursement* of funds to pay for the expenditures. Prepared By: S~_ ~~ _ Date: _ kip Camp, CFM, Director The Department of Facilities Management Approved By: '~.~_. ~':, ( Date: Leo E. Ochs, Jr., Adjninist, rator Support Services Df~ision Ramiro M ana~giL'h - Chief Assi~ant County Attorney RESOLLq'ION NO. 97-~ A RESOLUTION APPROVING, AS SERVING A VALID PUBLIC PURPOSE, THE EXPENDITURE OF COUNTY FUNDS FOR SPECIFIC EXPENDITURES TO BE INCURRED AT TIlE OCTOBER 26, 1997, COLLIER COUNTY EMPLOYEE PICNIC. s, VIIEREAS, Collier County Ordinance No. 87-5 allows for the cxpendim~ of County funds to enhance County employee productivity, promote and generate good will toward County government in the community, and to cncourage increased employe~ regaonsivencss to Iht needs and requests of the citizens and residents of the County;, and V~'HEREAS, Ordinance No. 87-5 requires that the Board adopt and implement a Resolution selling forth thc specific purpose of expenditures incurred pur~uanl lo the Ordinance; and ~,VHEREAS, the Board, lhrough its staff, is planning a picnic for Collier County employees and their families in recognition of outstanding service to the community by Collier County employees; and ~,VI-IEREAS, thc Board hereby secks to approve thc expenditures for thc picnic and lo find that they serve a valid public purpose; and XVHEREAS, the Collier County Clerk of Courts has conferred with the County Attorney's Office regarding the need for clarification about the ~ecific expenditures which the Board of County Commissioners intends to approve ~ serving a valid public purpose, even if the expenditures arc not covered by thc exact expenditure categorim ~t forth in Collier County Ordinance No. 87-5. NOW, THEREFORE, BE IT RESOLVED BY THE BOA.RD OF COUNTY COMMISSIONERS OF COLLIER COU'NTY, FLORIDA, that: I. The expenditures in the amount not to exceed $7,000.00 for the Collier County ernploycc picnic to I~ held on October 26, 1997 are hereby found by ff.e Board to serve a valid public purpo~ and are also hereby approved. The specific expenditures hereby approved ar~: Tents Clown Bouncc Housa Cotton Candy Machine Snow Conc Machine Pii"ata, Candy Food Catering Printing Drinks Grand American Games Brownlea Generator Rental Band Cups Pony SEP 2. The Board o£Coun~ Commi~ioners herr. by authodz~ the disbursement of ~unds not to exceed $7,000.00 to pay ['or t~d exp~mdhum~. This Resolution adopted a~ter motion, second and majority vote £avodng same. DATED: ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COLr6FI-Y COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: As Deputy Clerk TIMOTtfY L. HANCOCK, CHAIR. MAN Approved ~ to form and legal ~ufficiency:. ChiefA~i~lant County Attorney APPROVAL OF BUDGET AMENDMENTS Bec Agenda of 9/9/97 Librnry Gr~nts (12~) · ~... Amendment ~'/.426 Funda are needed for the purchase of additional computers. Any tmexpended grant funds as of September 30, 1997 will have to L,¢ r~turncd to the Sta:e. Read and BrMge (101) Budget Amendment 97-~27 L,~c~ ~ Maimcr~anc~ Operatic§ Expense $3,700 R~serves ($3.700) To~al Fu.,~ are needed to cover Fleet Maintenance billings which wc~.e not anticipated when Landscape Operations was ea~ablL'shed in the Transportation Departme~. Therefore. fu:x~ are needed to pay internal and/or external invoices l'aat are outstandin&. Utility Rtgul~tion (669) Budget Amendment 97-432 Office of Utility Re~lati~ Operating Expense $4,000 Personal Services Total To fired additional sp.'~cial counsel activity in support of Coum'y imereat at tl~ 1997 Leltislativc Session. AGENDA ffEM · SEP 0 9 1897 BOARD OF COUNTY COMM]SSIO~RS MISCELLANEOUS CORRESPONDE~NCE SEPTEMBER 9, 1997 Pon of the Islands Community Improvement District - General Purpose Financial Statements for Year Ended 9/30/96 and Independent Auditors' Report, including Management Letter and Response to Management Letter for Year Ended 9/30/96. Cow Slough Water Control District - Annual Financial Report - September 30, 1996; affidavit of publication providing meeting dates for fiscal year 1997/I 998; March 27, 1997 agenda and minutes and financial reports for the March, 1997. North Naples Fire Control & Rescue District - General Purpose Financial Statements - September 30, 1996. Eo Fo Naples Heritage Co."nmu~ty Development District - district map; minutes of May 19, 1997; April 28, 1997 and Febnmry 24, 1997. Heritage Greens Community Development District (fica Dove Pointe) - General Purpose Financial Statement - Year Ended 9/30/96. Fiddler's Creek Community Development District - Fiscal Year 1996 - Annual Financial Report of Units of Local Government I.mmokalee Water & Sewer District - General correspondence pursuant to Resolution 95-8. Ho South Florida Water Management District - June 27, 1997 agenda; Oath of Office - Alan Korest; agendas for May 14, 15, June 1 I, 12, July 9, 10, August 13, 14, 1997 agenda; and minutes of April 9, 10, May 14, 15, June 11, 12, July 2, 9, 10, 25, 1997. Collier Soil & Water Conservation District - Response to Marmgement Letter for fiscal year ended 9/30/96. Ao The "Errors and Insolvencies" list for tax year 1996 - Guy Carlton, Tax Collector. SEP 09 1991 COLUER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA Septembar 9, 1997 6:00 P.M. LO~ATION: TI~ HAMOC~ O,LK CENTER a962 ItAMMOCK OAK DRIVE NAPLES, irLORI~A 3410S NOTICE: A~I_; PERSONS WISIIING TO SPKAK ON ANY AGENDA ITEM MUST REGISTER PRIOR TO SPEAiCING. REQU~TS TO ADDRESS THE BOARD ON' SUBJECTS WI~CH ARE NOT ON THIS AGENDA MUST BE SUBMITTED IN WRITING ~ F-.XP~A~ON TO ~ COUNTY ADMINISTRATOR AT LEAST 13 DAYS PRIOR TO THE DATE OF ~ MEE'I'Eq'G AND WILL BE liT..ARD UNDER "'PUBLIC PETITIONS". AJ~' PERSON WHO DEC1DF. S TO APPEAL A DECISION OF TR/S BOARD WK.L NEED A ]LECORD OF THE PROCEEDINGS PERTAI2fiNG THERETO, AND THEREFORE MAY NEED TO ENSUP~: THAT A V'I:RBAT[M R~CORD OF TWI: PROCEEDINGS IS MADE,, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WIIICH THE APPEAL IS TO BE BASED. ALL REGISTERED PUBLIC SPF..AKE~ WILL BE LIMITED TO FIVE (5) MINUTES UNLESS PERMISSION FOR ADDITIONAL TIME IS GRANTED BY THE 1. INVOCATION 2. PLEDGE OF ALLEGIANCE 3. PUBLIC HEARING (A) Presentation of Fi~ca/Year 19~8 Pelican Bay Service~ Division Budget Recommendation that the Board el' County Commiuiouer~ adopt the Re~olution approving the Special Asse~ment Roll a~..~ kvying the Special Auemnent against the benefited propertle~ within the .~elican Bay Municipal Service Taring and Benefit Unit 4. ADJOURN It~CO004]:NDATZOM ~9~t,T .£H]~ IJOA.I~D OF COU34TY CO~IqISSXON~CI'.J ADOPT ~ ItXSOLUTXOM APPItOVXNG THE IPBCXAL ASS~:SSM~NT ROLL AND LEVYING TItS SPJ~CXAL ASSESH~I3r, C A~3AXNJT TS:lC BKh'KFIT]ZD P~,OPERTIE$ MITHIN ~ PELICAN J~¥ MUNICXPA~ S£RVICB TAXING AJtD B.B3~FI T UNIT. ~]~]~T='~[]~: The Board adopt the Resolution approving the Special Asseamw,~ont Roll and levying the Special Assessment against the benefit.d properties within the Pelican Bay Municipal Service Taxing and Benefit Unit. ~~ The attached Resolution provides for Board approval of the preliminary assessment roll as the final assessment roll, adopting same am the Non-ad valorem Assessment Roll for purposes of utilizing the Uniform Method of collection pursuant to Section 197.3632, Florida Statutes, within the Pelican Bay Municipal Service Taxing and Benefit Unit for maintenance of the water management system, beautification of recreational facilities and median areas, and maintenance of conservation and preserve areas, and establishment of Capital Reserve Funds for the maintenance of conservation or preserve areas, U.S. 41 berms, street signets replacements within the median areas and landscaping improvements to U.S. 41 entrances, all within the Pelican Bay Municipal Service Taxing and Benefit Unit. ~[~k~~l The total assessment identified in the roll is $1,473,500.00 for maintenance of the water management system, beautification of recreation facilities and median areas and maintenance of conservation and preserve areas. This equates to $195.15 per residential unit based on 7,550.57 assessable units. The total assessment identified for the establishment of Capital Reserve Funds for the maintenance and restoration of the conservation or preserve area, U.S. 41 berm improvements within the District, street sign replacement within the median areas, landscaping improvements and U.S. 41 entrance improvements within the District identified in the roll is $667,700.00 which equates to $88.43 per residential unit based on 7,550.57 assessable units. The recording fees for recording the Assessment Roll and Resolution are estimated to be approximately $3,000 and are available in Fund 109. ~ROWTH MA~AGEML~ IMPACt= None ~t The Board adopt the Resolution approving the Special Assessment Roll and levying the Special Assessment against the benefited properties within the Pelican/~ Municipal Service Taxing and Benefit Unit. yDivision Administrator 5EP- 99 9 I0 !1 12 13 14 15 16 17 19 20 21 22 23 24 25 26 RESOLUTION NO, ~?- A RF..SOLI~ION APPROVING THE PRELIMINARY ASSESSMENT ROLL AS THE FINAL ASSESSMENT ROLL AND ADOPTING SAME AS THE NON-AD VALOREM ASSESSMENT ROLL FOR PURPOSES OF UTILIZING TIlE UNIFORM METtIOD OF COLLECTION PURSUANT TO SECTION 1~7.~632, FLORIDA STATUTES, WITHIN THE PELICAN BAY MUNICIPAL SERVICE TAXING AND BENEFIT UNIT FOR MAINTENANCE OF THE WATER MANAGEMENT SYSTEM, BEAUTIIrlCATION OF P.F..CREATIONAL FACILmES AND MEDIAN Ai,IEAS, AND MAINTENANCE OF CONSERVATION OR PRESERVE AREAS, Al'iD F..STABLISHMIiNT OF CAPITAL RESERVE FUNDS FOR TH£ MAINTENANCE OF CONSERVATION OR pRF_~KRV'K AREAS, U.S. 41 BERMS, STRZET $IGNAGE REPLACEMENTS WITHIN THE MEDIAN AR~..AS AND LANDSCAPING IMPROVEMENTS TO U.S. 41 EI~I'RA.NCY..$, ALL WITHIN TI~E PELICAN BAY MUNICIPAL SERVICE TAXIAIG AND BENEFIT UNIT, WHEREAS, the Pelican Bay lmprovtn,nent District (hereinafter 'Diswka') was created and olmted pormant to the provisions of Chapter 74-462, Laws of Florida, ts amended, and wu vested with the power and authority to levy and collect special assessments and charges against reaJ property with the District; and WHEREAS, the Board of County Commissioners of Collier County, Florida, on June 19, 1990 mcce~ed to the principal ~unctions of the Pelican Bay Improvement District p~sutnt to Chapter 74-462, Laws of Florida; amd WHEREAS, ~ Pelican Bay Improvement District completed cortstruciion of owtain water 2[ management improven'~cnts in accordance with the Plan of Reclamation of the Pelican Bay 29 lmprovemem District and such improvtments are currently in operation; a~d 30 WHEREAS, the District's Board of Supervisors adopted · plan of' dis~ution for the District 31 transferring title to all propecty owned by the Di.l~tict to Collier County. i,'~luding the water 32 management system; and 33 WHEREAS, the Board of Coumy Commissiorm's adopted Ordinance No. 90-111 creating the 34 Pelican Bay Municipal Scrvlce Taxing and Bcncflt Unit which permits the levy of'special a.tsc-asments; 35 and 36 WHEREAS, the Preliminary ~! P. oll for maintenance of the water mat~sement 37 system, beauti~icagon of recreational facilities ~ median areas, and maintenance of conservation or 3g preserve areas, sand establishm~t of' Capital R~servc Funds for the maintenance of cons~'vagon or 39 preserve areas, U.S. 41 berm~ street siSne~e replacements within the median area.s and la.nd~_.aping 40 improvements to U.S. 41 entrances, all within the Pelican Bay Municipal Service Taxing and Benefit 41 Unit has been filed with the Clerk to the Board; and 42 WHEREAS, the Board of County Commissioners on July 29, 1997 adopted Kcsolution No. 97-302 fixing the date, time and place for the public hearing to approve the pr¢li~aary ~nt roll I SEP- 9 E97 I and to adopt the non-nd v~lorem as.~eumcnt roll to utiliz~ lhe un~form method of coUeetion pursuant 2 to Section ~.97.3632, Florida Statutes; 3 WHERY..AS~ said public hearing wa~ 'duly advertisecl and rei~ularly hedd, at The Foundation 4 C~nter, 8962 Hammock Oak Drive, Naples, Flcrr~da, comrnenc~g at 6:00 P.M. on September 9, 199'/. $ NOW, THEREFORE BE IT FtESOLVED BY THE BOARD OF COUNTY 6 COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: 7 ~;ECTION ONE. The Boud, having met to receive a~d consider the written objections of ~ 8 properi¥ owners and other interested p~'so~'~ appeuin$ before the Board M to the propriety and 9 ndvisability of confirming t~d adopting the Pelican Bay Municipal Service Taxing and Benefit Ur, it 10 ?reliminary A~_*~____*menl roll, as to the amounts shown thereon to be assessed against the lots and I 1 parcels o£ Land to be be. nefited and as to the equaJization of'such as~,essrnents on a basis of jusllce u~d 12 right, do~..s I',er~by confirm such preliminary assessment roll tnd rntke it final and adopt sarne ts the . 13 final non-ad valorem as.s~ssment roll for the purpose of'using the uniform method of collection. 14 The totaJ special Msessment for maintenance of' the water rnsrm£,..'rnent system and the 15 beautification of the recreationaJ ueas ~nd median areas, tnd rr~ntenance of'conservation or preserve 16 areas is :$1,473,500.00 which equates to $195.15 per Equivalent Residential Unit based on '/,550.57 17 assessable units. lg The total assessment for the establishment of Capital Reserve Funds for the maintenance and 19 restoration of the conservation or preserve ~eas, U.S 41 berm improvements within the District, 20 street sign rcplactment within the median areas, landscaping improvements and U.S. 41 entrance 21 improvements within thc District, utilizing an EquiYal~t Residential Unit based methodology. The :22 total as~$sment for these Capitsd Reserve Funds for the tnaJntcn~nce and restoration and Itndscapin8 23 improvements is $667,700.00 which equates to $ 88.43 per EquivaJent Residential Unit based on 24 ?.550.$? assessable units. The total atssesaments sg~nst the bene~ted properties are described ~ set 2-~ forth in the preliminary assessm~t roll (non-nd valorem assc-ssmtnt roll) attached hereto as F.4~bit 26 "A' and incorporated herein. The Board hereby confirms the special asses~n'~:nts tad Ihe aztached 27 Ex. bit "A" is the finaJ assesswi~lt roll (non-nd v~orem tsses.~nent roll). 28 ~'~L_'[~, Such assessments are hereby found and determined to be levied in direct 29 proportion to the s~al and positive ben. ts to be received by the properties lined in ~he prcib~nao, 30 assessment roll (non-nd valorc~'n ~t roll), which is attached hereto u Exl~bit 'A' and are 31 located within the Pelican Bay Municipal Sca'ice Taxing and Benefit Unit which is described as 32 follows: 33 34 A tract of land being in portions of Sections 32 and 33, Township 48 South, Range 35 25 E4tst; together with porllons of Sections 4, S, 8 and 9, Township 49 South. 36 Range 25 ~ Collier County, Florida. being one ar4 the sa~ne ts the lands 37 tncompassed by the Pelican Bay Improvement District, the perimeter bounda~/of 38 same more pa.,liculaHy desc6bed as follows: SEP- ! 2 30 O47 Commencing at thc Southeast comer of.u~id Seclion 33; thence South 89 degrees 59 minutes 50 ~ecom:ls West dong the South llne of Sectlon 33 a distance of 150.02 feet to a Point on thc West right-of-way linc of.U.S. 41 (State Road 4S), uJd point · lso being the Point of Beginning,; thence Southerly along the West right-of-way 6 lir~ of. ~id U. S. 41 (State Road 45) th~ following court: South 00 degseea 5~ 7 minutes 36 ~conds East a distaa~e of 2.49 feet; thence South 00 deg~eea 55 8 nfinutes 41 seconds East a distance of.3218.29 f.eet; thence South 01 degrees 00 9 minutes 29 I, econds F-asr a distance or, 3218.56 feet; thence South 00 de~ees 59 10 minutes 03 se:onds East a distance of 2626.21 feet; thence South 01 degrees 00 11 minutes 18 seconds East a distance or, 2555.75 t.ec--t to a point on the North 12 riSht-ot,-w'ny line of Pine Road as recorded in D.B. 50, Page 490, among the Public 13 Records of. ~id Collier County; thence departing said U.S. 41 (State Road 4.5) 14 South ~,9 delp'ees 09 minutes 45 seconds West along s. aSd North right--ot,-way line a 1.5 distance or, 266261 Feet; thence South O0 degrees .51 minutes 44 seconds East a 16 distance or'70.00 t'eet to a point on the North line of Seagate Unit I as recorded in 17 Plat I3ook 3, Page 85 among said Public Records; thence South 89 de,'ets 09 18 minutes 45 seconds West along said North line or, Seagate Unit 1 and the South line 19 o£sa~d Section 9 a dic. ance of 2496.67 feet to the Southwest cornet of.said Section 20 9; thence continue South 89 degrees 09 minutes 4.5 s~r.,onds Veest a distance 21 feet more or less to a point on the mean high water llne established May !.5, 1968; . 22 thence a Northwestc-wty direction dong said mean high water line a distar~ce 1.5716 23 f.eet more or less; ther~.e departing said mean high water line South 80 degrees 29 24 minutes 30 seconds East and along the Southerly line of' VandtCbilt Beach Road 25 (State Road 862) ts recorded in D.13. 15, Page 121 among said Public Records a 26 distance of 738.5 feet more or less lo a point on said West right-of.way line ot,U. S. 27 41 (State Road 45); thence South 00 degrees .58 minutes 36 seconds East along 28 said West right-of-way line a distance of 2.574.36 feet to the Point of.Beginning. 29 SECTION THREE. Upon adoption of'this Resolution any assessment may be paid at the Office the Clerk within thirty (30) days thereafter, all assessments shall be collected pursuant to Sections 197.3632 and 197.3635, Florida Statutes, or any successor statutes authorizin8 the collection or, such 32 assessments on the same bill as ad valorem taxes, which shall be billed with the ad valorem taxes that 33 become payable on November I, 1997 and delinquent on April I, 1998. 34 SECTION FOUR. The ~ssessment shall be final and conclusive as to each lot or parcel assessed and 35 any objections against the making ofany assessable improvements not so m~de shall be considered as 36 waived, and it, any objection shaJl be made and overruled or shall not be sustained, the adoption or, this 37 resolution approving the final assessment shall be the final adjudication or, the issues pres, tnted unless 38 proper steps shall be taken in a court or, competent jurisdiction to secure relict, within twenty (20) days 39 from the adoption or,this Resolution. 40 SECTION FIVe. All assessments shall constitute a lien upon the property' so assessed fi.om the dale 41 of cortfirrnation or,this Resolution or, the same nature and to the same extent ts the lien for generaJ 42 county taxes t,alling due in the same year or years in which such assessment falls due, and any 43 assessment not paid when due shall be collected pursuant to Chapter 197, Florida Statutes, in the s~me 44 manner as property taxes ~e collected. 45 SECq'ION SF~. The Clerk is hereby directed to record this Resolution and dl Exhibits ~ttached 46 hereto in the Official Records or,Collier County. SRCTION_.~.F~VT/,~. This Resolution shall become effective immediately upon its passage. 1 2 3 4 7 10 11 12 13 14 16 17 19 20 21 22 23 Tt6s Re~obafion ~dopt~d thi~ 9~ da)' of September, 1997, after motion, second and vote. DATED; ATTEST: DWIGHT E. 'BROCK, CLERK Approved as to rorrn azxt leB~l suf~ciency: County Artorne'y BOARD OF COUNTY COMIV[ISSIONERS COLLIER COUNTY, FLORIDA BY: TIMOTHY L. HANCOCK CHAIRMAN SEP- g P E/:! P.,A 1~ BAY · NAPL=-~,~ FLA. *t · . exic SEP- 9 m7