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Agenda 09/16/1997 R COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA September `16, '1997 9:00 A.M. NOTICE: ALL PERSONS WISHING TO SPEAK ON ANY AGENDA ITEM MUST REGISTER PRIOR TO SPEAKING. REQUESTS TO ADDRESS THE BOARD ON SUBJECTS WH'ICH ARE NOT ON THIS AGENDA MUST BE SUBbIITTED IN WRITLNG WITH EXPLANATION TO THE COUNTY ADiNHNISTRATOR AT LEAST 13 DAYS FRIOR TO THE DATE OF THE MEETING AND WILL BE HEARD UNDER "PUBLIC PETITIONS". ANY PERSON W'HO DECIDES TO APPEAL A DECISION OF THIS BOARD WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSU~.E TttAT A VERBATI,NI RECORD OF TIlE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. ALL REGISTERED PUBLIC SPEAKERS WILL BE LIMITED TO FIVE (5) ~,IINUTES UNLESS PER3FISSION FOR ADDITIONAL TIME IS GRANTED BY THE CHAIR~XLA. N. ASSISTED LISTENING DEVICES FOR THE HEARING I,'XlPAIRED ARE AVAILABLE IN TIlE COUNTY COMMISSIONERS' OFFICE. LUNCH RECESS SCHEDULED FOR I:':00 NOON TO I:00 P.M. 2. 3. 4. INVOCATION - Pastor Fred E. Thorn, Golden Gate United Methodist Church PLEDGE OF ALLEGIANCE APPROVAL OF AGENDA AND CONSENT AGENDA APPROVAL OF MINUTES August 26, 1997 Regular Meeting PROCLAMATIONS AND SERVICE AWARDS A. PROCLAMATIONS l) Proclamation proclaiming week of September 15-21, 1997 as Pollution Prevention Week. To be accepted by Allen R. Ruth, Director of Environmental Health and Engineering and Chairman of the Environmental Pollution Prevention Partnership. 2) 3) Proclamation proclaiming September 20, 199T as Coastal Clean Up Da)'. To be accepted by Chef Compton, Executive Coordinator for Keep Collier Beautiful and Joan Mayer, Recycling Coordinator, Collier Count)' Solid Waste Department. Proclamation proclaiming week of September IS-19, 1997 as Industry Appreciation Week. Proclamation proclaiming September 18, I997 as Partners in Education Recognition Day. To be ,,ccepted by Danlelle McEIroy, Parlners in Education Coordinator. B. SERVICE AWARDS 1) Norton goone - Planning Serx'ices - 10 years. 2) Richard McLaughlin. Wastewater ~ 5 years. PRESENTATIONS APPROVAL OF CLERK'S REPORT A. ANALYSIS OF CHANGES TO RESERVES FOR CONTINGENCIES. PUBLIC PETITIONS Regina Wagstaff, Chairperson - Red Ribbon Coalition, requesting a waiver of right-of-way permitting fee for Red Ribbon Week Marches. Mike and Carol Matthews, owners of Sand Bar Restaurant on Marco Island, requesting a waiver of right-of-way permitting fees for Wishing Well Foundation. COUNTY AD.MINISTRATOR'S REPORT Ao Bo COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES 1) Petition No. HD-97-1, The Collier County. Historical and Archaeological Preservation Board, requesting the Board of County Commissioners to officially designate Roberts Ranch as a Historically Significant Site for property located on the south side of Roberts Avenue In Tract "E" of the FL Roberts PUD, in Section 4, Township 47 South, Range 29 East, Collier County, Immokalee, Florida, consisting of approximately 4.1 acres. 2) Recommendation to uphold Collier County Board of County Commissioners' decision to adopt Ordinance Number 97-29 which granted a rezoned from Agriculture to "PUD", Planned Unit Development for a project known as Twin Eagles in Collier County, Florida. PUBLIC WORKS 1) Recommendation that the Board adopt a Resolution authorizing the acquisition by gift, purchase or condemnation of non-exclusive, perpetual road right-oLway, sidewalk, slope, utility, drainage, maintenance and temporary construction interests by easement and/or fee simple talin for the construction of the four-Inning 10. 11. 2) improvements for Livingston Road Project between Golden Gate Park,~av (C.R 886) and Radio Road (C.R. §$6). ' ' Recommendation that the Board adopt a Resolution authorizing thc acquisition b,, gift, purchase or condemnation of non-exclusive, perpetual road right-or-,nay, sJdev, a!k, utility, drainage, maintenance and temporary construction interests b'. easement for Ihe construction of the sit-Inning improvements for Airport-Pullin'g Road (C.R. 31) Project from Pine Ridge Road (C.R. 896) to Vanderbilt Beach Road (C.R. 862). 3) Recommendation for the Board of County Commissioners to consider approval of the Second Amendment Agreement to the Solid Waste Collection Service Agreement v, ith Waste M'anagement, Inc. of Florida and authorize the Chairman to sign the Agreement. PUBLIC SERVICES I) Requesting Catego~, "C" Tourist Development Tax funds for a proposed in-Pine skate pro tour ~orld championship to be held at the East Naples Skatepark in October. 2) Approval of an interlocal agreement for CiD'-County beach parking. SUPPORT SERVICES I) Approval of contract for Government-Projected Space Needs Assessment AnaBsis, RFP #97-2655. ' 2) To approve the Interlocal Agreement between Collier County and the Ochopee Fire District, Isle of Capri Municipal Fire Service Taxing Districtl Marco Island Fire Control and Rescue District, and the Cit',' of Naples Police and Emergency Serx'ices Department. ' - E. COUNTY ADMINISTRATOR 1) Collier Count)' Citizen's Productivity Committee report on the Purchasing System Review and discussion of the future direction of the Productivity Committee. AIRPORT AUTHORITY COUNTY ATTORNEY'S REPORT A Resolution ordering and calling for the initial election of the City Council for the City of Marco Island, to be held by mail ballot on November 6, 1997, as set forth in the City Charter, Chapter 97-367, Laws of Florida (House Bill 1729). BOARD OF COUNTY COMMISSIONERS A. Appointment of member to the County Government Productivity Committee. OTHER CONSTITUTIONAL OFFICERS PUBLIC COMMENT ON GENEIL&L TOPICS PUBLIC ttEARINGS WILL BE ItEARD IMMEDIATELY FOLLOWING STAFF ITEMS 12. 13. 14. 15. ADVERTISED PUBLIC ttEARINGS - BCC A. COMPREIIENSIVE PI.AN AMENDblENTS B. ZONING AMENDMENTS 2) Petition No. PUD-89-6(2), Barbara Cawley, AICP, of Wilson, Miller, Barton & Peek, Inc., representing Crt)' Oaks Development Corporation, for an amendment to the Grey Oaks PUD, Ordinance No. 96-82, for ~he purpose of providing a height of buildings limitation of sixD'-five (65) feet in the event a hospital is constructed in the northeast quadrant office/ commercial district or Airport-Pulling Road (C.R. 31) and Golden Gate Parkway (C.R. 886). The Grey Oaks PUD is located on the north,~'est, northeast and southeast quadrants of Airport-Pulling Road (C. tL 31) and Golden Gate Parkway (C.R. 886) in Sections 24, 25 and 26, Township 49 South, Range 25 East, Collier County, Florida, consisting of 1,601.39 acres. Petition No. PUD-97-6, Robert Duane of Hole, Montes & Associates, representing Mark Woodward, Trustee, requesting rezone from C-2 and "A" ~o PUD to be known as U.S. 41/Wiggins Pass Road PUD for commercial and professional offices for property located on the southeast corner of U.S. 41 and Wiggins Pass Road, in Section 15, Township -18 South. Range 25 East, Collier Count.',', Florida, consisting of 9.08 acres, more or less. C. OTHER BOARD OF ZONING APPEALS A. ADVERTISED PUBLIC HEARINGS B. OTHER I) Relating to Petition No. CU-95--I, for the second extension ora Conditional Use for a church in the "A" Rural Agricultural Zoning District for property described in Resolution 95-537 adopted on September 19, 1995 pursuant to Section 2.7.4 (Conditional Use Procedures) of the LDC. STAFF'S COMMUNICATIONS BOARD OF COUNTY COMMISSIONERS' COMMUNICATIONS 16. CONSENT AGENDA - All matters listed under this item are considered to be routine and action will be taken by one motion without separate discussion of each item. If discussion is desired by a member of the Board, that item(s) will be removed from the Consent Agenda and considered separately. COMMUNITY DEVELOPMENT & ENVIRON.~tENTAL SERVICES !) The Board of County Commissioners approve an additional contractor to the Itst of Pre-Qualified Contractors permitted to work on projects funded by the Collier County Resldeollal Frogram. (RFI~ 94-228G) PUBLIC WORg.~ 'fab Item has been deleted. 2) Recommendation that the Board of County Commissioners authorize the Chairman to accept the Recycling & V.d~catioa, Waste Tire and Litter Coatrol and Pre, cation Gr~,nt Agreements and authorize the Solid Waste Dire~or to ,fLu them. 3) Thh item has been deleted. 4) Thi~ item has been deleted. Adopt a Resolution authorizing the acquisition by gift or purchase of road right-of, way, slope, sidewalk, utility, drainage, maintenance and temporary conslruction interests by easement and/or fee simple title for Immolcnle~ road (C, R. 846) between !-75 and C.R. 951, CFE No. 08. Approve Amendment #2 to Professional Services Contract No. 95-2331 with Agnol[, Barber & Brundage, Inc.., the Design Professional for Riviera Colony II. Approve and execute ~n lnterlocal Agreement negotiated with the City of Naple~ for the relocation of a 36" raw water line on Golden Gate Parkway at the Livingston Road Intersection. 8) Approve the Professional Services Agreement with Johnson Engineering, Inc. to design the widening of Goodlette-Frank Road from Pine Ridge Road to Vanderbilt Beach Road - ProJect No. 60134 - CIE 65. 9) Approve a Budget Amendment for the Water D~partment. PUBLIC SERVICES 1) This item has been deleted. 2) Approve the interlocal agreement for fund sharing of the Naples beach access Improvements project. 3) Approval of a first amendment to Lease Agreement between Collier County and Task Force for the tlomeless for use by the St Matthew's House facility located in the old East Naples fire station- 4) Acceptance of Library Long P~nge Plan, in order to qualify for FY 1998 Library Operating Grant (State Aid to Libraries), administered by the Florida Department of State, Division of Library and Information Services, and Permission for Chairman to sign application. Asgard bid #97-2659 relating to exotic vegetation removal at Barefoot Beach Prese~'e County Park and fund the project from Park Impro~emcn! Rescrxes. 6) Approval of agreement for the 1997-98 funding contribution to the David Lawrence Mental Health Center, Inc. Approval of a lease agreement between Collier County and Copeland Baptist Mission. D. SUPPORT SERVICES Eo 1) This item has been deleted. Fo 2) Authorize the Chairman to sign the resolution, County grant application, and the grant distribution form for E~tS medical equipment. COUNTY ADMINISTRATOR l) Budget Amendment Report. BOARD OF COUNTY COMMISSIONERS .'slISCELLANEOUS CORRESPONDENCE I) Satisfaction of Lien: NEED ,MOTION authorizing the Chairman Io sign Satisfaction of Lien for Services of the Public Defender for Case N'os.: 955 1245-CFA, 95-5767-MMA, 95-7693-M*tA, 9553851-M~IA, 9552626-M~,A, 95-7047-MMA, 95-0756-CFA, 95-5084-FLMA, 96-8877-MMA, 9550446- CFA, 95-8749-MMA, 9552569-MMA, $9-1036-CFA, 95--7012-MMA, 95- 4376-MMA, 94-07755CFA, 94-9719-.MMA, 95-8156-.s, IMA, 96-2478-.MFIA, 96-I 500-CFA, 96-5110-MMA. 2) MISCELLANEOUS ITEMS TO FILE FOR RECORD WITH ACTION AS DIRECTED. OTHER CONSTITUTIONAL OFFICERS 1) Recommendation ~o approve the Sheriff's Office requts~ for a local Law Enforcement Block Grant adjustment and related budget amendment. COUNTY ATTORNEY AIRPORT AUTHORITY i) Recommendation to increase the Airport Authority's fuel budgets at the Marco Island Executive Airport and the lmmokalee Regional Airport so Ihat the Authority can continue to supply avgas and jet fuel to the customers at those locations. 2) Recommendation to recognize revenue from Chevron for marketing assistance, to recognize revenue from advertisers and to increase appropriations for marketing and promotional expense. 17. ADJOURN INQUIRIES CONCERNING CttANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO THE COUNTY ADMINISTRATOR'S OFFICE AT "/7.1-8383. PROCLAMA TIO[V IUIIEREAS, Collier Cotmty stq~ports a healthy em'ironment for rite community: and IIqlEREA$, pollution prevention reduces or eliminates pollutants or wastes at the source; and tVIfERE,.t$, pollution prevention provides opportunities to improve operating efficiencies. reduces operating co,ti, and decreases environmental risk and liability: and IlqIEREAS, polhttion prevention reduces health and safety risks to workers and the general Fublic; and IITIEREAS, pollution prevention improves employee morale, teamwork and productivity: and BVtEREAS, pollution prevention serves as a tool for achieving sustainable economic development; and IYIIEREAS, National Pollution Prevention Week provides a significant o?portunily for local government, businesses, commttnit), organtzaliont, and residents to work together to promote a so~r envtronmenl and g~tainable future. NOIt' TIIEREFORE, be lt proclafn~ed by the Board of Cottn~ Commissioners of Collier Count, Florida, that the we}l of Septembtr I~-21, 199~ be designated as POL~ION PREVENHON WEEK and en~urage all citize~ to become more aw~e of ~p~{icipate in activities Ia prevent pollutIom - :... ', .: . .~. ~ Ii"-" ~ ' .. DONE AND O~E~D TII th ' tuber, 1997. · .,..,,~ '.5 '..,¥,,,:~ ~,~;~,, . --. :. '~ .-'~:;. ."l:.?.;.~ ' tg:."-' ' PROCLAMATION F'IIER EAS, the quality of life and the ecological and economic .'ell-being of Collier Cottnty's citizens are critically dependent on the continual protection of the natural resources of the Southwest Florida's coaxial zone; and tlTtEREA& Collier County ~ sandy beaches, e.quarle.t rivers and lakes serve an essential comnnmity fimction by providing for fi.~herie.~ production, storm protection and recreational opportunities while contributing to our County's natural beauty; and I I'IIER EA S, the Florida Coastal Clean Up event is coordinated by the Center for Marine Conservation as part of an international event in an effort to inspire personal commitment to living in harmo.? with our environment; and It71EREAS, Keep Collier Beautiful, Collier CounO"s Solid Waste Department and Rookeo' Bay National Estuary Research Reserve have coordinated a clean up event to be held September 20, 1997, throughout Collier Coun~ with the support of local buxines,ws and agencies including the City of Naples, GTE Mobilnet, Marine Trade Industries Association, the National Park Service in Everglades City, Waste Manag(~ent: Inc., and with statkwtde support fiom Publix and Brita. NOW TIIEREFORE. he tt flrOclai~d by the Bobrd of Coun~ Commissioners of Collier Coun. O( ~orl~a~' that September 20, 1.~97 be desi~ate~ as ve< DONE AND Tills 16t te e? 1997. ..;?'~ ~' - :' , ' 'COLLIER COUNTE FLO~DA': ~ A 7TgS~: ' ~ .'L~ ..... , ' .' .' :, """ AGENDA ITEN ~- .' .//, L_ SEP 16 1997 Pg-., [ PROCLAMA TION IVHEREAS, indust~3' in Collier Cm, nty is vilal to the communio, 's economic health: and [VIfEREA$, Collier CounO, 's existing in&tstries are the key to a prosperous future: and IVltEREAS, tile expansion of those industries account for tile majoriO, of new jobs created; and [I71EREAS, Collier CounO, 's industries help sustain our qual#y of life: and [3'ffEREAS, public kno:vledge of the contributions made by industry is essential to maintenance of good comrtutnity-induxtr), re[ation.rhi]')$. NOIV TItEREFORE, be it proclaimed b), the Board of Cotttlty Commissioners of Collier ('otmO', Florida, that tile week of September 15-19, 1997 be designated INDUSTR YAPPRECIA TION t~'EEK and urge ali residents/o salute our indu.rtries and their emplo)'ees for their contribution to ottr community. DONE AND ORDERED TItlS I6th Day of September. 1997. A TT'~gT: BOARD OF COUNTY COMMI&~IONERS COLLIER COUNT~, FLORIDA' M o...THY/~:. ~ c.'.6cK, 'A 1i2 P, CHAIRMAN DWIGHT E. BROCK, CLERK NO. SEP 16 1997 Pg.. COIJ,IER COUNt2' ADMhNISTRATOR'S OFFICE September, 1997 3301 E. TAMIAMI TR NAPLES. FI. 34112 1941~ 774.8383 F~XX (9411771.4010 A CERTIFIED BLUE CIIIP ('OM MUNIT'~' Regina Wagstaff, Chairperson Red Ribbon Coalition 2806 So. Horseshoe Drive Naples, Florida 34104 Re: Request for Public Petition - Waiver of Right-of-\\'ay Permitting Fee for Red Ribbon Week Marches Dear Ms. Wagstaff: Please be advised that you are scheduled to appear before the Collier County Board of Commissioners at the meeting of September 16, 1997 regarding the above referenced subject Your petition to the Board of County Commissioners will be limited to ten minutes. Please be advised that the Board will take no action on )'our petition at this meeting. However, your petition may be placed on a future agenda for consideration at the Board's discretion. Therefore. your petition to the Board should be to advise them ofyour concern and the need for action by the Board at a future meeling. The meeting will begin at 9:00 a.m. in the Board's Chambers on the Third Floor ofthe Administration Building (Building "F') of the government complex. Please arrange to be present at this meeting and to respond to inquiries by Board members. If you require any further information or assistance, please do not hesitate to contact this office. Very truly yours, I(obert F.-'Femandez ,~/ County Administrator RRF/bp cc: County Attorney Community Development & Environmental Services Division A,:,.NDA ITEM 7-~_ SEP ~ a ;~7 September 3, 1997 via Fac~im:le '/74-4010 County Administrative off:ce 3301 East ?~r. lami ?rail Admlnistrat;on 5ullding I{aples, Florida 34112 FIL£: STAFF FIL£~, ~, Attention: wa:vet cf F.;9.ht-o!-Way Pe:.-.':,.tLng Fee .~cr F e ;. .; : '-' '= ;.'. Wee;; :·la r a}:e $ Dear Ea rba'.'a: The Red R~bbon Ccallt:on ;:ould like :c re.~,·:es'. .~.' ,_-:er.e=.t ~:. the a~enda ~f t}'~e 5epte;:ber 16, i997, 5.on rd cf Commissioners' Public Hearings. ?he Red Eikbc:: Cc~i:t:cn a not-for-profit crganizat~cn. T~:e Cca[ltlcn, ccoperation c! %he CClller count7 ~h.rl . 5 seeking a ~e;~lt ircm the County to conduct three week Harch~l cn Saturday, Octcbe[ 25. 1997 . a' ..... East ~aples. Golden Gate and 2r.mok~!ee. The requestin~ t~e ~oard ~[ Ccunty Cc~',~is~leners ~,a:ve perm~tti~lg fee charged by the cc;inty ~c:' permitting. Please contact me at 643-6101. Ext. 219, if the 5c3:d o[ County Coramlss~oners will a~ree to hear the Ccat~tl:n'~ ca3e to waive the permitting iee far th;$ event. gtncerely yours, ~egina 7;agstaf[, Chairperson Ked Ribbon Ccalltlon /Red Ribbon Coalition.2806 So. Horseshoe Drive. Naples. FL 341~4 (941) 643-6101 - AGEHDA ITEM ~,, SEP I 6:2?7 t Fg._ COLLIER COT. AgMINISTRATOR'S OFFICE Septembe~ 9, 1997 · 't301 E, TAMIA.MI TR NAPLES, FI. 34112 1941) 774-8383 FAX 1941) 774.4010 A CERTIFIED BLUE CHIPCOMMUNITY Mike & Carol Matthews 826 Elkcam Circle Marco Island, FL 34145 Re: Request for Public Petition ~ \Vaiver of Peri'nit Fee Dear Mr. & Mrs Mauhews: Please be advised that you are scheduled to appear before the Collier Count)' Board of Commissioners at the meeting of Seplember 16, 1997 regarding the above referenced subject. Your petition to the Board of County Commissioners will be limited to ten minutes. Please be advised that the Board will take no action on your petition at this meeting. However, your petition may be placed on a future agenda for consideration at the Board's discretion. Therefore, your petition to the Board should be to advise them of your concern and the need for action by the Board at a future meeting. The meeting will begin at 9:00 a.m. in the Board's Chambers on the Third Floor ofthe Administration Building (Building "F') of the government complex. Please arrange to be present at this meeting and to respond to inquiries by Board members. If you require any fuaher infonr, ation or assistance, please da not hesitate to contact this office. Very t/rely yours, t ...'.' ¥' · ,T : ' .:. Robe,a F. Fernandez (D County Administrator RFF/bp cc: County Attorney Community Development & Environmental Services Division AGEt;DA ITEM SEP 1 6 '"";o~! pg. 2~ EXECUTIVE SUMMARY PETITION NO. HD-97-1, THE COLLIER COUNTY ttlSTORICAL AND ARCHAEOLOGICAL PRESERVATION BOARD, REQUESTING THE BOARD OF COUNTY COMMISSIONERS TO OFFICIALLY DESIGNATE ROBERTS RANCH AS A HISTORICALLY SIGNIFICANT SITE FOR PROPERTY LOCATED ON THE SOUTH SIDE OF ROBERTS AVENUE IN TRACT "E" OF ]'tie R. ROBERTS PUD, IN SECTION 4, TOWNSHIP 47 SOUTH. RANGE 29 EAST, COI.LIER COUNTY, IMMOKALEE, FLORIDA, CONSISTING OF APPROXIMATELY ,4.1 ACRES. OBJECTIVE: This petition seeks to have the Collier County Board of County Commissioners officially designate Roberts Ranch (Tract "E" of the Roberts Ridge Subdivision) as historically significant by x'inue of the historical importance of the ranch as one of tile first pioneering efforts to establish cattle ranching in Southwest Florida. Tract "E" of Roberts Ranch represents two major aspects of historical significance as follows: 1) In association with distinctive elements of the cultural, social, ethnic, political. economic, scientific, religious, prehistoric and architectural history that have contributed to the pattern of history in Immokalee and in Collier County. 2) In association with the lives of persons sight ficant in local history. CONSIDEIL~TIONS: On August 7, 1991, the Board of County Commissioners adopted Ordinance 91-70 establishing the Historical and Archaeological Preservation Ordinance. This Ordinance xvas subsequently incorporated into the Land Development Code in Section 2.2.25 and DMsion 5.14. These regulations were enacted to protect, preserve, and perpetuate Collier County's historic and archaeological sites, districts, structures, buildings and properties. The subject site was rczoned to the R. Roberts Estate PUD in 1992. At that time. Tract "E" was designated in the PUD document and on the Master Plan as an "Historic Site" permitting other related uses such as a museum, storage and display of historical records, library/community meeting room and any structure depicting the residency of the Roberts family. This 4.1 acre tract was subsequently dedicated to Collier County. The Collier County Historical/Archaeological Preservation Board reviewed and considered thc historic designation of Roberts Ranch during their public meeting on May 9, 1997. During this meeting the Preservation Board voted unanimously to nominate the Robert's dwelling and other related ranch structures contained on Tract "E" as historically significant and forward the petition to the Board of County Commissioners for official designation as a local historic site..This is in recognition of the important role the ranch played in association with Robert Roberts in the settlement of Immokalee including Collier County and Southwest Florida. The application indicates that Tract "E" meets two of the designation criteria listed in Section 2.2.25.5.1 of the Land Development Code should be noted that only one of the required criteria needs to be fulfilled Board Of County Commissioners for official designation. 1684.64 '- '7" UTILITY EASEMENT '"% -.~. A G E~B~,'~I'~ ~ SEP 1 6 1997 14-3 '120 .__..j ~ S 8g'22'20' W .551.48 ,-- Roberts Ranch exemplifies thc cullural, economic and historic growth of thc ranching industry in Collier Count>,. Thc Robert Roberts homestead is typical of the first pioneering efforts at establishir:g ranches in Southv,'cst Florida. Thc Roberts family moved their ranching operation to lmmokalcc in 1914. ]'his was a time when Immokalec ',,.'as only a small seulemcnt of six or eight families and surrounded by a vast wilderness, lmmokalec and tile ranch continued to grow in relative isolation until 1921 when the Atlantic Coast Line Railv,'ay completed its line into Immokalee from Sebring. Thus. hnmokalcc }lad tile distinction of having the first railroad connection in Collier Count5, with the larger communities to the north. The railroad was of great importance to the grov,'th of the ranching operation in Southwest Florida. Because of his successful ranching operation, R. Roberts was able to withstand efforts from Ban-on Collier to buy his land after the railroad connections ',','ere made. According to a February 17, 1954 article in tile Fort Myers Newspress, "Roberts Ranch was tile first individual ranch in Immokalee. R. Roberts was also the first man to lease grazing land from the Collier Company, and the first man to bu.5' land in Collier County especially for ranch land." Tile family started the Red Cattle Corporation itl Desoto Count5, in 1902 with 24 cows. By 1914, Robert Robe~'s had accumulated 200 to 300 }lead of cattle. \Vhen the land ,,,,'as divided in 1981, there were close to 7,000 head of cattle. Working with native Florida scrub cattle, Roberts became a pioneer in cattle crossbreeding, attempting to introduce the more desirable characteristics of Red Devon cattle to the local herds. His success in upgrading to a better breed of steer has made an instant and lasting impact on ire local cattle indu.~try. "Because of the earl.5' success of the ranching operation, the family was able to buy or lease approximately 15,000 acres of grazing land in the Immokalee area. At tile ti~'m of his death in 1963, Roberts owned more than 40,000 acres of land." (Naples Daily News, August 3, 1996). In addition, the Roberts Ranch is an excellent example of the ranch style architecture that was typical ofthe time. It ,,','as in operation from its inception in 1914 until the 1960's. According to a 1985 sur'vev by Florida Presen'ation Sen'ices, the only other knov,'n ranch in the area dating from the 1920 is Kennedy Carson Ranch which is in eastern Collier County. The Roberts family built and/or rebuilt all the structures between the 1920s and the 1960s. By nature, the support of range cattle did not require extensive outbuildings. Each of the structures illustrate a unique aspect of ranching life. Their simple and functional architecture is also typical of the period. The original residence was a small 1oo.. cabin which '.,,'as destroyed in the early 1920s. Today, (in Tract "D") a few logs still remain markJng the cabin's original foundation. The cabin was replaced in 1924 by a two story wood frame bungalow about I00 yards to the southeast in Tract "E". The bungalow dwelling is of primary interest since it became the center of the home extension activities in the area, a program sponsored by the U.S. Department of Agriculture. The program was designed to promote improved homemaker practices and better housing. This two-story home retains its original nine-room floor plan with beaded wall and ceiling paneling and much of the original furnishings The Roberts' outbuildings are very accurate examples of the 1920s farms which ,,,,'crc being built as a result of increased education on the part of rural farmers and ranchers ','.'ho participated in the home extension program. The wood smoke house is a good example of the type built in the 1920s after the influence of the home extension programs. It had an i,'movative upper and side screen vents as a method for smoke exit. The privy is an improved form built on a concrete waste unitl The .~*~ ventilated through a diagonal wood vent across Ire comer. This is the only sur-,'iving exah~ple ~f' 2 ' SEP16 1997 Collier County. Thc bungalov,' and out buildings ',,,'crc also constructed from lurnbcr which was provided by a local sawmill. Robert and Sarah Roberls and their nine children have been an instrumcl:tal force in shaping both tl~c social and economic livelihood oflmmokalee. They moved from Ona, Florida to thc 60 acre parcel that would become Roberts Ranch. During these early )'ears, Roberts helped to build the Immokalce Post Office which ',vas tounded by Mrs. Alice Platt. He also one of the organizers of the Cattlemen's Association. Later, R. Roberts became the first Collier County Commissioner from Immokalee in 1923 where he sen'ed as County Commissioner for six years. He also formed tim Masonic Lodge in 1954 with eleven other members, donating the land on which the lodge stands. The family also helped build the Baptist Church where Robert sen'ed as a charter member. The church structure remains a landmark in town and now has been moved to Tract "E" of Roberts Ranch. Lastly R. Roberts also pioneered oF, c of the first produce farms in Collier County. A porlion of the original 60 acre tract was planted wilh orange groves and v,'inter crops. However, due to the lack of roads to ser','e the southern portions oi' Collier County, the farming operation ,,,,'as not profitable, however, he did prove that winter crops could be raised in Immokalee. It should be noted that the "Friends of Roberts Ranch" (a group of concerned citizens) is in thc process of raising funds to purchase of Tract "D" which contains some other ranch buildings. Tract "D" is currently designated for commercial uses on the PUD Master Plan. Ire intent is to combine both tracls to allow for the preservation ora larger portion of the ranch and possibly restore the ranch as a ~vorking museum. FISCAL IMPACT: This petition by and of itself will have no fiscal impact on the County. However, designated sites and structures are eligible to receive any financial assistance set aside for historic preservation projects by Collier County, the State of Florida, or the federal government, provided it meets the requirements those financial assistance programs. GROWTH MANAGEMENT IMPACT: The subject property is designated Commerce Center/Mixed Use Sub-district as shown on the Immokalee Future Land Use Map. This designation is designed to function as an employment center and encourages commercial and institutional uses. Uses permitted within this sub-district include shopping centers, governmental institutions, museums, and residential uses. Therefore, this petition for historic designation has been found consistent with the Immokalee Master Plan and the Collier County Growth Management Plan. RECOblMENDATION: In order to protect and preserve Roberts Ranch from future development and to provide RobeFt Roberts with the recognition he deserves as a pioneer in Immokalee and in Collier County, staff' ~,_,.i-,i-~r_,,:.;~: . that the Board of County Commissioners designate Tract "E" of Robcns Ranch as an ~istori~t~._~.5 3 SEP16 1997 PREPARED BY 'x / RAY B~.LLOWS PRINCIPLE PLANNER / / DATE REVIEWED BY: R6BERT J. MULItERE, AICP CURRENT PLANNING MANAGER- ~ DONALD W. ARNOLD, AICP DATE PLANNING SERVICES DEPARTMENT DIRECTOR ~ ~.','~-- ~ . . ...... VINCENT A. CAUTERO~ ADMINIST~TOR DATE COMMUNITY DEV. AND ENVIRONMENTAL SVCS. DATE HD-97- I 'EX SU.'MMA R Y~,VB,'cb '¸'0 4 i SEP16 1997 ROBERTS RANCH HOUSE North Elevation East Elevation SEP 1 6 1997 Smokehouse ('Nonhwest Comer) Wood Frame Shed SEP 1 6 1997 First Baptist Church Wood Tractor Shed/Barn '---~G ... T SEP 1 6 1997 COLLIER COUNTY APPIolCATION FOR HISTORIC DESIGNATION (Petition to designate a Site. District. Structure. Building. or Property as historically significant pursuant to Section 2.2.25 of the Collier Count)' Land Development Code) PETITION NO. HD- DATE PETITION RECEIVED PROJECT PLANNER Ray Bellows (.-\BOVE TO BE FILLED IN BY STAFF) OV,'NER'S NAME Collier Count',' Government O\\.'NER'S .ADDRESS 3301 East Tamiami Trail Naples. Florida ET~TIONER'S NA.XlE (if different from owner) TELEPHONE -74-8097 Collier County Communitv Development & Environmental Sen'ices PETITIONER'S ADDRESS 2800 N. Horseshoe Drive __ Naples, Florida TELEPHONE 403-2400 LEGAL DESCRIPTION OF SUBJECT PROPERTY: LOT(S) .Tract E BLOCK(S)_, UNIT SECTION.. 4 TWP. 47S RANGE 29E (If legal description is lengthy, i.e. metes & bounds description, attach additional page) (See Attachment 'A') CURRENT ZONING OF SUBJECT PROPERTY: R. Roberts Estate PUD EXISTING LAND USE ON SUrBJECT PROPERTY: Please provide a brief description of the existing and historical land use and structures on the subject site. Please reference the attached Designation Criteria ,.,,'here applicable. (Attach additional page if necessary) The subicct 4.1 acre site ('Tract "E") '.,.'as rezoned from RSF-3 to PUD in 1992 and ,,,.'as .... designated as "Historic Site" on Ire PUD Master Plan. Subsequentlv, Tract "E" was dedicated AG £hLDA~ to Collier Count',,. It consists of several unoccupied buildines, all fo=allv used as d catt]o',, ~[k.~) (0 -z- SEPi6 1997 ranching_q.pcration and residence. The main structure is a sinzle-familv residence constructed in_._~lg~so contains eieht § ancillary buildinus includin¢ thc scr-vant's quarters, smoke house and two metal sheds from the 1930's. Als0, the First Baptist Church has been relocated to Tract "E". ADJACENT ZONING AND LAND USE: (Provide a brief description of the surrounding land use and zoning designations.) The subject site is located within the lmmokalec Urban Area and the Commerce Center/Mixed Use Subdistrict as shown on the Immokalee Future Land Use Map. To the north is Roberts Avenue and residential dwellinCs zoned RSF-3. To the east is a 5.9 acre tract approved for single-family and a 9.0 acre tract for multi-family residences. Lastly, to the south and ,,,.'est is an existmq oran~,e g-rove that is desi~;nated for commercial uses in the R. Roberts Estates PUD. Also Tract "D" contains several historic structures from Roberts Ranch but is privatelv ov,'ned. DESIGNATION CKITERIA: The Designation of HistoricaL/Archaeological Sites, Structures, Districts. Buildings and Properties as "Historically Significant" is authorized by Section 2.2.25.5 of the Collier County Land Development Code. The recommendation of the HistoricaL/Archaeological Preservation Board and the decision of the Board of County Corrtmissioners will be based on the following criteria as found in Section 2.2.25.1 of the LDC. Provided a detailed response, including any documentation or other resources, to each of the criteria which is applicable to this petition. For consideration by the Board of County CorcLmissioners, the petition need only meet one of the required criteria. However, a detailed response should be provided to any of the criteria which appear relevant Association with distinctive elements of the cultural, social, ethnic, political, economic, scientific, religious, prehistoric and architectural history that have contributed to the pattern of history in the community, Collier County, the state or the nation; or (SEE ATTACHED) 2. Association xvith the lives of persons significant in history; or (SEE ATTACHED) Embodiment of the distinctive characteristics of a type, period, method or materials of construction, or that possess high artistic values, quality of design and craflsl:nansnj~Rign, n-~ x SEP 1 6 ]997' -2- o that represent an individual architect or builder's prominence or contribution to the development of Collier County, Florida; or (SEE ATTACHED) Location of historic or prchistoric activities such as habitation, religious, ceremonial. burial, fortification, etc. during a particular period to time, and may maintain a sufficient degree of environmental integrity to reflect some aspect of the relationship of the site's original occupants to the environment; or An historic or prehistoric site which has been severely disturbed but which may still allow useful and representative data to be recovered; or Have yielded or are likely to yield information on local history or prehistory; or Derive their primary significance from architectural or artistic distinction of historical importance; or Is the birthplacc or-grave of an historical figure or is a ccmetery which derives its primary significance from graves of persons of transcendent importance, from age, distinctive design features, or from association with historic events; or A building or structure removed from its location which is primarily si~ificant for architectural value, or is the surviving structure most importantly associated with an historic period, person or event; or 10. A property primarily commemorative in intent if&sign, age, tradition or ss~bolic value has invested it with its own historical significance; or 11. )..re listed in the National Register of Historic Places. OWNER'S SIGNATURE DATE PETITIONER'S ~rGNATURE ~ (If different from owner) Diane Gonzalez, Chairperson, tadA Preservation Board DATE ROBERTS PUD HISTORIC DESIGNATION APPLICATION/md -3- SEP 1 6 1997 DESIGNATION CRiTERIA: Association with distinctive elements of the cultural, social, ethnic, political, economic~ scientific rcli ious rehistoric and architectural historv that have contributc___.__~_d to thc attern of history in the community Collier county the state of the nation. O Robert Ranch exemplifies the history of the ranching industr3' in Collier Count5.'. From its founding as "Allen's Place" in 1873 to the Roberts family's arrival in 1914, the community of Immokalee had grown from wilderness to a small settlement of six or eight families. The Robert Roberts homestead is typical of the first pioneering efforts at establishing ranches in Southwest Florida. A 1985 Collier County. Historic Sup,'ey by Florida Preservation Services notes that "the ranch was headquartered at Immokalee but cowboys went out from the ranch to remote areas to check on cattle and round them up when time came to sell or mark them." According to a February 17, 1954 article in the Fort Myers Newspress, Roberts was "the first individual ranch in Immokalee, the first man to' lease grazing land from the Collier Company, and the first man to buy land especially for ranch land." As R.A. Roberts recalled in 1989. "The family started the Red Catile Corporation in Desoto County in 1902 with 24 cows. They moved to [mmokalee in 1914 with 200 to 300 head of cattle. When the land was divided in 1981, there were close to 7,000 head of cattle." Working with the native Florida scrub cattle. Roberts became a pioneer in cattle crossbreeding, attempting to introduce the more desirable characteristics of Red Devon cattle to the local herds. Upgrading to a better bred steer made an instant and lasting impact on the local cattle industu. The need for ranch land grew as well. "Robert Roberts Jr. Once owned or leased about 15,000 acres of grazing land in the Immokalee area for his 5,000 cattle. At the time of his death in 1963, he owned 40,000 acres." (Naples Daily News, August 3, 1996). Roberts Ranch is typical of ranch architecture. As a working ranch from its inception in the 1910s until the 1960s, Roberts Ranch is an excellent representative of the ranching operations in Southwest Florida. According to a 1985 County Historic Surx'ey by Florida Preservation Services, the only other known ranch dating from the 1920s is the Kennedy Carson Ranch in a remote part of the county. Home to the Roberts Family and the Red Cattle Company, the structures ,,,,'ere all built and/or rebuilt by the family between the 1920s and the 1960s. By nature, the support of range cattle did not require extensive outbuildings. Each of the structures, however illustrates a unique aspect of ranching life. Their simple and functional architecture is also typical of the period. The earliest structure on the site was a 12' x 12' log cabin. however, only a few logs remain marking its original foundation on Tract D. Several outbuildings and the farm yard surrounded the cabin. The home was replaced in 1924 by a two story bungalow about I00 yards to the southeast of the original house on Tract E. Ofpfimary interest is the two-story frame bungalow, -4- SEP 1 6 1997 O built in 1924 from lumber provided by a local sawmill owned by Leo and Pete Duke. Typical of the utilitarian nature of the operation, the nine-room house has a central hall design with formal parlor, dining areas, and kitchen on the first floor and four bedrooms on the second floor. The house is fronted by a screened porch. A brief description of other ranch buildings located on the adjacent property (Tract D) is taken from an Existing Conditions Assessment prepared by Chalmers Yeilding Architect in July 1993. Tract D is currently in private ownership and is not part of this application for historic designation at this time. Tract "D" contains the following structures: Kitchen: The kitchen is a 12 x 18 foot structure with 8 foot sheds added to each side. Built prior to 1914, the kitchen served the log cabin that existed on the site when the Roberts family moved to the area. Tractor Shed' .4, 24 foot square open sided pole structure constructed about 1950, the shed ;,,'as used to store the tractor and associated equipment Horse Barn' .4, 30 bv 40 foOt one stor).' v~ood flame structure constructed in 1943. the barn houses four horse stalls as well as tack and feed storage Smokehouse: .4, 1950 replacement for the original smokehouse, this 12 x 14 foot structure houses a ,,'at used for curing hides. Bunkhouse: A 12 x 60 structure divided into six l0 x 12 foot rooms, the structures were moved to their present site in 1946 to house cowboys hired to work on the ranch Horse Ra.g_E.¢~.' To the north of the bunkhouse is a ramp used to load horses onto trailers. Pumpshed: a 20 x 13 shed sheltering a pump. diesel engine and fuel tank for grove irrigation, the structure was built in 1962. Cane Vat: The cane vat was "used for rendering sugar cane juice into syrup, it was later used to dip hogs during the butchering process. The Cane ,,'at ,,vas rebuilt in 1944 using materials from the original." O Well: approximately sixteen feet deep, the terra cotta clay pipe was the primary source of water at the ranch until it ran dry in 1962. Roberts Ranch pioneered the first produce farms in Collier County. When Roberts moved to Immokalee in 1914, a portion of the original sixty-acre tract was planted in orange groves. According to the Fort Myers Newspress, Bob Roberts, "put in the first produce farms in this area for corn and watermelon crop, and although he lost money and never tried again, he did prove that winter crops could be raised here. (May 23, !O63) i AG[ ~ ITE~ : SEP16 1997 Associadon with the lives ofpersons significant in history. The Roberts family has been a powerful force in shaping the community of Immokalee. Robert and Sarah Roberts and their nine children have been instrumental in shaping both the social economic livelihood of Immokalee. The Roberts family history. in this country dates to the sixteenth century, when James Roberts immigrated from England. Centuries later, Robert and Sarah Roberts moved from Ona, Florida to the sixty-acre parcel that would become Roberrs Ranch. Robert Roberts went on to establish the Immokalee Post Office in 1914 and became the first Collier County Commissioner from Immokalee in 1923. He sera'ed as County Commissioner for six )'ears. The Roberts formed the Masonic Lodge in 1954 with eleven other members, ~lonating the land on wMch the Lodge stands. The family also helped to build the Baptist Church, with Robert Roberts serving as charter member. One of the organizers of the Cattlemen's Association, the Roberts family was honored as the "Pioneer and Agricultural Family of the Year" by the Immokalee Chamber of Commerce in 1992. The Fort Myers Newspress stated, "\Vhcn one thinks o£a typical FIorida rancher, he automatically thinks of'Uncle' Bob Roberts, Collier County's oldest active rancher." (February. 17, 1954). Embodiment of the distinctive characteristics of a type, period, method, or materials O.f construction, or that possess hirsh artistic values, quality of desigm and craftsmanship, or that represent an individual architect or builder's prominence or contribution to the development of Collier County, Florida. Robert Ranch t3.'pifies early rural architecture. Roberts Ranch is a remarkably intact collection of residence and outbuildings with a high degree of architectural integrity. The two-story home, built in 1926, retains its original nine-room floor plan with beaded wall and ceiling paneling and much of the original furnishings. -6- SEP 1. 6 1997 /3 ~ ESDLU': i ::; 9;- A F. ESOLUTiO'.: CES~3::A?it:Z /HE HEREI:: DSS'.RiBED AS A HiS?ORiCALLY SiS:;iFiCA:;? SiiE, PURSUA'.;7 TO 7HE COLLiEF COUNTY H!STOFiC/AFCHAEOLCSiCAL ~RESER';ATiON ~EGULAUiC:;5 AS FF.O'.'i5ED FCP. IN THE COLLIER CSU:;iY LA:;D CEVELDF:.:E::T COD~. 1 9 11 II WHEREAS, the B;ard of County C:raissione:s cf 15 County adopte~ Ordinance No. 91-70, the Historical/ 1~ Archaeological Preservation Ordinance, cn August 7, i~9~, anJ 17 subsequently incorporated this Ordinance into Section 2.2.25 i~ Div. 5.i4, Collier County Land Oe';e!csrent Cc~e, Ordlnan~e 19 92-102; and 2c WHE~EA£, the £oard of County C~rr. lssizners cf C~llie: 21 CcLnty seeks tc rezc~nize the im~cr~a~ze ar.z SL~nlficanre 22 Col!der County's hi~tcrlcal heritage, and to this en~ h~ :3 regulations %c Frc~er~, preser';e, and Fer~etu~te Cc!ilar 25 kui!din~s and prc~ertle~; and ~6 ~:H£REA£, Sez. 2.2.25.5, Land 2e'.'elz~rent CzJe, 27 for official designation cf Far,ashlar sites as histzric~ll~' 2~ si~nlficant and Sec. 2.2.25.~ prc'zides re~ulatizns iT. fair. tart. 29 the historic character of cfflcia!!y desi~nate~ properties: anz 3~ WHEREAS, the Collier Count}' His%cric/Archaeclc~i2~ 31 Preservation Board reviewed and considere~ the historic 32 designation of F. oberts' Ranch at a public meeting hal5 for t?.it 3~ purpose; and ]¢ WHEREAS, the Preservation Board voted tc nominate 35 Roberts' Ranch to the Board cf County Cor~.issioners for 56 designation in recognition of the important role played by 37 Roberts' Ranch in association with the Roberts Family who star%ed 3s the first cattle ranch in Southwest Florida, which had 39 substantial influence on the economic deve!cpment in I~.oka!ee 4~ and Collier County; and -1- SEP ! 6 1997 ! 3 6 7 2.1 14 23 22 23 24 2~ 2'7 2~ 29 33. 32 33 34 35 34 3? n:mlr, a:ion ~o the Board cf ::TW, THE?,EFOP. E, BE Cor~.is~icners of Collier County, Ficr:da, that: in recc~nitlor, of %he prcper~y ccr~cn!y knawn as F. oker%s' described as: £zhibit is hereby designated aa an historic aide. RE IT FUATHE~ F. ESOLVED that P. cherts' Ranch ar. all hereafter be subjec~ to the Hist~ric/Archae~io~2al ~reaer'/a%icns Regu!aticna of the Lend Development Code az %hey ~--~n.. .... to his%crical!y Tnia Rea3!u%i~n raj:rity da':' cf , !997. EC.'-.F,D ST CSU.':T'f C3:::.ilS£2C:'EFE COLLIE.'-, CCU:;?Y, FLCF, ZDA E'.':lSH.- E, EF.3CK, CLE.:.K AP~ASVED AS TO AND LEGAL SUFFICIENCY: .~L:.P. JOP..~E M. STUDENT ASSiSTA:;T COUNTY ATTOF. NEY F':': Ti>:CTE':' L. E,:.:;COC?i, CHAi~J-L-. -2- SEP 1 8 199/' LEGAL DESCRIPTION The subject property contains 4.1 acres of land and is located in Tract "E", Roberts Ridge Subdivision in Section 4, Township 47 South, Range 29 East in Collier County, Florida. Plat Book: 25 Pages: 100 - I 01 EXHIBIT "A" Robcrls Ranch/RVB/rb i SEP 16 ]997"~ I P~. _ J ,j EXECUTIVE SUMMARY RE-COMMENDATION TO UPHOLD COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS' DECISION TO ADOPT ORDINANCE NUMBER 97-29 WHICH GRANIED A REZONE FROM "A", AGRICULTURE TO "PUD", PLANNED UNII DEVELOPMENI FOR A PROJECT KNOWN AS TWIN EAGLES IN COLLIER COUNTY, FLORIDA. OBJECTIVE: That the Board of County Commissioners uphold ils decision to adopt Ordinance Number 97-29 which granted a rezone from "A", Agriculture to "PUD", Planned Unit Development, for a project kno~vn as Twin Eagles in Collier County, Flor/da. CONSIDERATIONS: Pursuant to subsection 163.3215(4), Florida Statutes, on August 21, 1997 the Florida Wildlife Federation and Collier County Audubon Society filed a Verified Complaint challenging the consistency of Ordinance Number 97-29, adopted on July 22, 1997, with Collier County's Growth Management Plan. More particularly, the Complaint alleges that the Ordinance is inconsistent with the Agriculture/Rural Designation of the Future Land Use Elerr, ent, as well as Objective 1 and Policies 5.3 and 5.4 of that Element. Attached is a copy of the Verified Complaint. FISCAL IMPACT: None. GROWTH MANAGEMENT IMPACT: Circuit Court w/Ii decide whether or not Ordinance 97-29 is consistent with the County's Growth Management Plan. PLANNING COMSIISSION RECOMMENDATION: That the Board of County Commissioners uphold its action in adopting Ordinance 97-29 approving a rezone from "A" to "PUD" for a project known as Twin Eagles in Collier County, Florida. SEP 1 G 1997 PREPARED BY \ - DONALD W. ARNOLD, AICP PLANNING SERVICES DEPARTMENT DIRECTOR REVIEWED BY: MA1LIORIE M. STUDENT ASSISTANT COUNTY ATTOPd~EY VINCENT A. CAUTERO, ADMINISTR.~TOR COMMUNITY DEV. AN D ENVIRONMENTAL SVCS. TWIN EAGLE EX SUMMARY/md DATE D-5 -:>7- DATE DATE BEFORE THE BOARD OF COLLIER COUNTY COS,[5IISSIONERS Florida Wildlife Federation and Collier County Audubon Society, Petitioners, Vo Collier County and James R. Colosimo, Trustee, Ultimate Land Trust, Respondents. Case No. VI~RIFIED COMPLAINT FOR DECLARATORY JUDGSFENT AND INJUNCTIVE REI,iF.,E COMES NOW PETITIONERS, Florida Wildlife Federation and Collier CounD' Audubon Society, through the undersigned counsel, to pursuant to section 163.3215 (4), Fla. Stat. To file this Verified Complaint seeking to enjqin Ordinance 97-29, which granted a petition for rezoning to James R. Colosimo, Trustee, Ultimate Land Trust for a development known as Tv'in Eagles, because sa/d rezotfing is inconsistent with the Collier County Comprehensive Plan. 1. The Florida Wildlife Federation, Inc. (FWF) is a Florida not for profit corporation which maintains an office, has a substantial number ofmembem, and promotes resource - based recreation and enjoyment of natural resources in Collier County. Among the purposes of the FWF is to promote conservation of all natural resources, and to promote proper management of wildlife and wildlife habitats. A mission of the Florida Wildlife Federation is the protection of its members interests through advocacy before the County Commission. Its members use the area in question for recreational activities such as birding. The cumulative impact of allowing PUD zoning in the subject area of the County will be adverse, particularly to water quality and quantity that is important to bird and other wildlife populations. 2. The Collier County. Audubon Society, Inc. is a Florida not for profit co ratio . SiP16 1997 promote an understanding of and interest in wildlife and the envirom'nent that supports it and to further the cause of conservation of natural resources in Collier County. It's purposes include appearing before the Collier County Commission to further these interests. Most of its members regularly enjoy and pursue recreational birding and wildlife observation in the vicinity of the proposed Twin Eagles project. The Society has field trips every year in this area. The rezordng will adversely effect its members interest by impacting wildlife tmbitat, including that of sandhill cranes, bears and burro~Sng owls. The precedent set by the project would amplify those impacts, as lands outside of the County's Urban Development Boundary constitute the vast majority of the County's remaining habitats. 3. Both of these organizations represent residents and persons who would be affected by these interpretations. Organizations such as these are qualified to represent the interests of their members in proceedings like these. Florida Wildlife Federation v. Department of Environmental Regulation, 390 So. 2d 64 (Fla. 1980). Additionally, Petitioner FWF owns land in Collier Count>'. Petitioners are aggrieved and adversely agected by the rezon, ing under the standards established in s. 162.3215, Fla. Stat. and Southwest Ranches Homeo%vners Association v. Broward CounL'y, 502 So. 2d 931 (Fla. 4th DCA 1987) JURISDICTION AND VENIs~ 4. Petitioners intend to brings an action for declaratory judgment and injunctive relief against the County pursuant to Section 163.3215, Florida Statutes if appropriate action is not taken to remedy the inconsislent action pursuant to that section. 5. Pursuant to Section 163.3215(5), venue is proper in the Circuit Court of Collier County, Florida because the challenged action occurred in Collier County and the defendant is in Collier County. The Plaintiff and its association members qualify under Section 163.3215(2), Fla. Stat. as "aggrieved or adversely affected parties" since they ',viii suffer mn adverse effect to their interests protected by the County's Comprehensive Plan. Plaintiff's adverse interest exceeds in degree that general interest in community shared by all persons. 7. This Verified Complaint is filed as the statutory prerequisite to this action required by Section 163.3215(4), Fla. Stat. 8. Defendant, pursuant to Section 163.3215(4), Fla. Stat., has thirty (30) days after the receipt of said Verified Complaint to respond. 9. This action is brought pursuant to Section 163.3215(4), Fla. Stat. NATURE OF THE ACTION 10. Florida's Growth Management Act requires that rezon, ings be consistent with adopted comprehensive plans. Sections 163.3194(!)(a) and 163.3215, Fla. Stat. This action is brought to enjoin a violation oft.he plan pursuant to Section 163.3215(1), Fla. Stat. The County's Approval of the Rezonin_e Is Not Consistent with the Comprehensive Plan I 1. Plaintiffrepeats and realleges each and every allegation contained in paragraphs I through 10 above as though set forth in full herein. 12. Florida's Growth Management Act requires that rezonings be consistent xvith adopted comprehensive plans, which are themselves duly adopted ordinances. Sections 163.3194(I)(a) and 163.3215, Fla. Stat. 13. The Act authorizes any aggrieved or adversely affected party to maintain an action for injunctive or other relief against any local government to enjoin a violation of the co_mprehensi\'e -3- No. ~ SEP 1 G ]997 plan. Section t63.3215(I), Fla. Stat. 14. "Aggrieved or adversely affected party" means an.,,,' person or local goverrmaent which '.,.ill suffer an adverse effect to an interest protected by the comprehensive plan, including interests related to health and safeD', policy and fire protection service systems, densities or intensities of developm.ent, transportation facilities, health care facilities, equipment or services, or environmental or natural resources. The alleged adverse interest may be shared in common with other members of the commurfity at large, but shall exceed in degree the general interest in communSty good sh~cd by all persons. Section 162.3215(2), Fla. Stat. 15. Under Snyder v. Brevard ('ounq', 627 So.2d 469 (Fla. 1993), a reviewing court shall re'. a rezonin~_ decision with "strict scrminv", to ensure that it is in compliance with the entire ,~,o~ ~ ~' comp: ehensive pl~. 16. The rezoning is clearly not consistent with all relevant provisions of the comprehensix e and is not consistent with the plan when read "as a whole" as is required by state law. Section 163.3194 (3), Fla. Stat. The rezoning is inconsistent with the comprehensive plan for the following reasons: The Agriculture/Rural designation has been placed on lands wkich are remote from the existing development pattern, lack public facilities, are environmentally sensitive or are in agricultural production. "Urbanization is not promoted". The purpose of this subdistrict "is to protect and encourage agricultural activities while providing for a Iow density residential use in outlying areas." (Page LU-I-39) It is the express purpose of Future Land Use Element Objective I to, among other th/ngs, "discourage unacceptable levels of urban sprawl." (Page LU-I-10) Policy 5.3 uses the same language, and requires the county to confine "urban intensity development" to areas designated as Urban on the FLUM. (Page LU-I-19) Thus, a PUD ttmt authorized development at urban intensities would violate this section of the plan. Urban intensity would be densit)' of the type allowed in the urban land use classifications. Any argument to the contrary would allow a AGE T ~ SEP 1 8 1997 p~icutar development to be at urban densities, look urban, and require urban facilities and services, .'.'et not be considered urban. This is not be a credible argument and would not be consistent with he plan..4my PUD zone that is placed in the Agricultural~Rural land use category would violate the plan if the developed pan of the affected parcel would be ora similar density to developments that are allowed in the urban land use categories. Next, Policy 5.4 requires new developments to be "compatible with and complementau' to L~,c surrounding land uses." (Page LU-I-19) A PUD in an agricultural area would violate this requirement. Although, an argument can be envisioned that any particular PUD development might be designed as to be "compatible" with agricultural uses, no such argurnent can even be put for'& that it is "complementary to" agricultural development. Finally, the intent language for the Urban-Mixed Use District (Page LU-I-I-23) identifies PUD as an allowable type of land use, whereas the intent language for the Agriculture ,"Rural designation (Page LU-b39) does not. The plan provisions and support docmnents which describe the Urban-Mixed Use District make it clear that this is where the vast majority of urban type development is intended to go. For instance, Page LU-I-3 states that "outside of urban designated areas only lower intensity, land use is permissible...." When considered together with the Future Land Use policies described above, under basic rules of legal interpretation, it is clear that clustered, residential development is not allowed in the Agricultural]Rural land use category. Although these provisions speak directly to the land use, land use category and parcels at issue in this case, they are not discussed in the formal staff interpretation Interp_ reta~ion 1-97-1, or the July 10 staff memo. The 3 policies discussed in the July 10 memo speak to generally to permitting clustering to preserve open space and environ_mentally sepzitive areas, such as wetlands. These policies apply in appropriate cases but can not be read to implicitly overrule other policies. The plan encourages clustering of allowable densities in land use categories and zoning districts where this is allowed to preserve open space and sensitive areas that would other-,vise not be protected. Nothing suggests that any of these policies was meant to be interpreted so as to allow a type of development or density not otherwise allowed in any particular land use category,. ,as for both formal inte~retations, they do a good. yet incomplete job of describing the terms and purp. oses of the policies that apply in the A_m-iculturalJRural designation. But then they simply :&n_c_lude that AG E ~J.D~ -s- SEP 1 ~ 1~/' ~inc¢ no ip. dividual policy ~xpressly prohibits.~T~..hl_tl"d.s_category, it is not so prohibited. That is nol Ih.e~~~at this is consistent with the plan. Instead, a reading of those interpretations and the other plan provisions we have identified clearly shows that it is not. Thus, when the Plan is read as a whole, it's clear intent is not to allow the type of development allowed by the PUD zoning category in the Agriculture/Rural land use categoo'. WHEREFORE, Petitioners request that the Count), Commission reconsider said rezoning petition and rule that it is inconsistent with the comprehensive plan. RESPECTFULLY SUBMITTED this 9'? da.,,' of August, 1997. mc ard 8'rosso General Counsel Environmental and Land Use Law Center Shepard Broad Law Center Nova Southeastern University 3.305 College Avenue Ft. Lauderdale, Florida 33314 (954) 262-6140 FI. Bar No. 592978 :6- f SEP 1 6 1997 STATE OF FLORIDA COUNTY OF COLLIER VERIFICATION I, Nancy Anne Payton, being duly sworn, state that I am the Office Manager of Florida Wildlife 'Federation (FWF) Southwest Florida Office, that I am authorized to represent the F\kT before the Collier County Board of County Commissioners, and that I have read the foregoing Verified Compliant and that the allegations contained therein are true. Nancy Ar~e Payton #414 2069 Ri¢~' Reach Drive Naples, Fla. 34104 The foregoing instrument was ac 'knowledged before me this ~ / day of August, 1997. by Nancy Anne Payton, who is p~y known to m~ produced as identification and did/did not take an oath. SWOKN TO AND SUBSCRIBED before me thiso~ day of August, 1997. NO. ~ SEP 1 6 1~7 STATE OF FLOPdDA COUNTY OF COLLIER 3_~.IKLFI CA TIO,~' I, Bradley Comell, being duly sworn, state that I awn the President of the Collier Count>' Audubon' Societs' (CCAS), that I am authorized to represent the CCAS before the Collier Cotmts' Board of Cotmty Commissioners, and that I have read the foregoing Verified Compliant and that the allegations contained therein are true. Bradley Co 7'~'" 556 109th Avenue North Naples, Florida 34108 Tl-,e foregoing instrument was acknov,'ledged before me this oP._/da)' ofAugust, 1997, by Bradley Comell, who is personally kno~sn to me or produced /~,d, _/¥,-,' z/e~s- ./~r',n._c~,~. as identification and did/did not take an oath. SWOP,.N TO AND SUBSCRIBED before me tl'fi~d~_ day of August, 1997. SEP 1 6 1997 CERTIFICATE OF SERVICE I HEREBY CERTIFY THAT a copy of the foregoing has been ser-,'ed upon the Chair of ~he Count)' Commission, Tim Hancock, and the County Attorney, David Weigel, Esq., both at Collier Count}' Government Center, 3301 Tamiami Trail, E. Naples, 34112 by hand deliver}', and upon Bruce Anderson, Esq., agent for James R. Colosimo, Trustee, Ultimate Land Trust, Sun trust Bldg.., 801 Laurel Oak Dr., Suite 300, PO Box 7907, Naples, Fla. 34101-7907 by US Mail on ~August,. 1997. ic ard GS sso- General Counsel Envi,~onmental and Land Use Law Center Shepard Broad Law Center Nox'a Southeastern University 3305 College Avenue Ft. Lauderdale, Florida 33314 (954) 262-6140 Fl. Bar No. 592978 AG E ~Dll, dI [ g, SEP 1 6 1997 RECOMhlENDATION TiIAT TIIE BOARD ADOPT A RESOLUTION AUTIIORIZING 'HIE ACQUISITION BY GIFT, PURCHASE OR CONDEMNATION OF NON-EXCI.USIVE. PERPETUAL ROAD RIGHT-OF-WAY, SIDEWALK, SI.OPE, UTILITY, DRAINAGE. MAINTENANCE AND TEMPORARY CONSTRUCTION INTERESTS BY EASE.MENT AND/OR FEE SIMPLE TITLE FOR TIlE CONSTRUCTION OF TIlE FOUR-LANING IMPROVEMENTS FOR LIVINGSTON ROAD PROJECT BETWEEN GOLDEN GATE PARKXVAY (C.R. 886) AND IkADIO ROAD (C.R. 856). OBJECTIVEi To adopta Resolution to acquire by gift. purchase or condcmnation of non.cxclusive. perpetual road right-of-v.'ay, sidewalk, slope, utility, drainage, n':aintenance and temporary construction interests by easement and'or tee sm~ple title required to complete the four-lanin,.: roadxx a~' improvements for Livingston Road between Golden Gate Parkway {C.R. 8S6) and Radio Road i'C.P~. 856), (hereinafter referred to as "iht Project"). CONSII)ERATIO,X,': On Seplcmbcr 27, 1994. tile Board of County Commissioners adopted Ordinance No. 94-54 therein establishing iht 1994 (Sixth .-\nnual) Capita'l Improvement Element of thc Growth .Management Plan. On October 8, 1996, the Board of County Commissioners adopled Rcsoit, tion No. 96-457 aulhorizinu the Count.',, Staff to acquire by gift or pt, rchase cerlain easements, and fee simple title to tile property and properly interests required and nccessaD' for the four-Inning roadway improvement of Lix in,sion Road betv.'een Golden Gate Parkway and Radio Road. Staff has reviewed alternative locations, environmental factors, cost variables, safety and welfare considerations as they relate to the construction of the Project and the Board finds that the most feasible location lbr tile additional road right-of-way for the construction of the Project is being more particularly described in Exhibit "A" of the attached Resolution. lv~I3IPACT; The right-of-way acquisition cost estimate has just recently been updated to reflect actual appraised values and all of thc most recent design changes. Total acquisition costs are estimated at S1,882,000, and includes all land, improvements, and severance damage pay-outs as well as all overhead costs and expenses which may be incurred through condemnation and final judgment expenses for the non-exclusive, perpetual easements, and/or fee simple title referenced in Exhibit "A", required to complete thc four-Inning roadway improvements for thc Project. Funds are available FY 97 in the amount of $200,000 in: Fund: 313 - Road Construction Gas Tax Cost Center: 163673 - Road Impact Construction Project: 60061 - Livingston Road Project Page 2 - I_ivingston Road Executive Summary Funds are available Fh' 98 in the amount of $1,682,000 in: Fund Cost Center: Project: 313 - Road Construction Gas Tax 163673 - Road Construction 60061 - Livingston Road Project Fund: 333 & 336 Cost Center: 163650 Project: 60061 - Road Impact Fee (District #2 & #4) - Road Impact Construction - Livingston Road Project _C.d~.OWTH MA;¥AG ~XI.E. NT 13115:~CT_.' As a Capital Improxement Element project. recommendation is cons/stent xxith the County's Growth Management Plan. That the Board o£Count:' Commissioners: thc (1) Adopt :he attached Rcso!ution authorizing the acquisition by gift, purchase or condemnation non-c×clusivc, pc{pctual ro~d righbof-way, $idcwa]k, slopc, utility, drainagc, maintcnance and tcmporau' constpacfion interests by cascment and'or fcc sirllp{c Iit]c rcquired to comp!crc thc four-lanin§ roadway improvcmcl>{s for Livingston Road Projcct. bcmccn Golden Gatc Park~vav and Radio Road; (2) Authorize the Chaim~an to execute thc attached Resolution; Wilma lverson, Senior Specialist' Real P r o p e ~y. ~ J.,e,m~rg-d-jr/e n t. D e p a ~--men-{-~ ~VIEWED BY' ~/~ .k' . ~- .~~p//al P~Oj~cts 3~anagement gdolfo A. Gonz=lea P.E., O~ce of Capila~oject$ APPROVED BY: ~~ Ed II$chn~, ~ministralor Public Workx Division DATE: <;' ,I ,: - -/ I RESOLUTION NO. 97- 2 A RESOLUTION AUTHORIZING THE ACQLqSITION OF I.AN'D BY GIFT, 2, PURCHASE OR CONDENINATION OF NON-EXCLUSIVE, PERPETUAL ROAD 4 RIGHT-OF.WAY, SIDEWALK, SLOPE, UTILITY, DRAINAGE, MAINTENANCE $ AN"D TE,X, dPORARY CONSTRUCTION 'FNTER£STS BY EASENfEN'T A,",,"D,'OR 6 FEE SIMPLE TITLE FOR THE CONSTRUCTi'ON OF THE FOLrR.LAN"R,,,,'G 7 ROADWAY I~,iPROVE.'.,i'ENTS FOR L1V'FNOSTON ROAD PROJECT BETW'~E.N' 8 GOLDEN GATE PARKWAY (C.R. 886) AND R.AD[O ROAD (C.R. 9 \~,'HEREAS, the Board of Count>, Commissioners, on September 27, 1")94, adopted Ordinance l0 No. 9-.I.54 therein es:ablishing thc 1994 (Sixlh Annual) Capital lmprovemenl Element oFIhe t ~ G'o:~.~,h ~,~anagemcm Plan in order to eslablish pr'ionlies for the design, acquisition and I 2 cons:r~ction of II;e various capital impro','emcnt projects v. hich comprise Ibc Trans?onation I3 EItmen', of:he Count?'s Comprchens~,..e Plan. and l~ V'Qt.C-REAS. t!;e Fot:r-taning improvements to Li;'in_~'sten Read bet',','een Golden Gate Parbxav 15 and Radio Road art component pans oFthe Transportation Element oFthe County's 16 Comprehensive Plan; and 17 ~,VHER EAS. the Board of Count)' Commissioners, on Oc:ober 8, 1996, adopted ResoIution No I $ 96--.157 authonzing the Coun~ SlalTto acquire by gi~ or purchase cerxain eascmems, and.'or Fee lo simple title to the ?ropemy and property interesls required and necessary,, For the £our-laning 20 road',ray impro'.'emenls of Livingston Road bcr,.veen Golden Gate Park"~.ay and Radio Roadi 21 and 22 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COb,~NTY 23 CO.VI.kIISSIO:.,,'ERS OF COLLIER COUNTY, FLOP. JDA, lhat it has been determined by the Board that the construction of the four-laning roadway improvements: For Li','in.Rston Road 25 bet, yeah Golden Gale Park'x~.'ay and Radio Road, (hereinafter referred Io as "the Project") is 26 necessa ,r'y and in the public's best interes! in order Io protecl the health, safety and welfare of the 27 citizens: oFCollier County. 28 AND IT IS Fb'RTHER RESOLVED Ihat lhe Board has reviewed the Staffanalysis re~arding. 29 alternative locations, environmental Factors, cost variables, sat'e~ and welfare considerations as 30 they relate to the construction of'the Project and finds lha! thc most Feasible location For Ihe Page 1 road nghl.of, way for Ibc certain non-e,~clusivc, pcrpc:ual road right-of-way, sidc',va~k, slope, '~ uli]i~y, drainage, mair, lenanc¢ and Icmporar'y construction interests by eascmcn', ancL'or fcc 3 simple fide are described in Exhibil "A" auached hereto and incorporalcd herein. 4 AND IT 1S FbqRTHER RESOLVED that the construction of the Project is part of lhe Coumy's $ long range plan lhat is included in Ibc Transportation Element oflh¢ County's Comprehensive 6 Plan; 7 AN~ IT IS FURTHER RESOLVED ~ha~ m Jmplemenl cons~clion or,he Projec: it is 8 ~pprop~a~e ~nd n~cessag' fat Ihe Board ~o ~cquire ceftin non-exclusive pe~etuaJ ro~d g x~ ~]~, sldc~, slope, tl~JJJly, drainage, mamlen~nce ~nd lemporag' consJ~cJion in~eresls I~ c~scmc~t and or fee simpJe li~le descmbed m ~he ~ll~chefl Exhibit "A", ~l~ched her~:o and 11 i~o~er~e~ herren, v. hJch ~re necess~g' for t~e cons~c~ion o[t~ four-lanJng roadway 12 impros¢mcn~s for Lisin~slon Road bcJs~ctn Golden Gale Parkway (C.R. ~S6) and Radio Road 13 (C R ~4 AND IT IS FL~THER RESOLVED Ihal ~h~ Count)' s~affis hereb)' auJho~zcd Jo immcdiatdy 15 acquit: by ~fl. purchase or condemnation in accordance wi~h IbC provisions of Chapters 16 and 12', F~onda Smmlcs. ih¢ c~nam non-~xclusiv¢, pc~ctual road ~Bht-of-way, sid~,,valk, I T s~op¢, mJliU', dmmaF~, maintenance and ~mpora~ construction imer:s~s by easement an&'or 13 f~¢ s~mpl~ fi:l~ b~ing mnr¢ particularly descfib¢d in Exhibi~"A', anach~d h~rcto and 19 inco~or=~cd hcr~in 20 AND IT IS FURTHER RESOLVED Ih;l no mobd¢ hom~s are located on Ibc property sought 2~ b¢ acqm~d and ~hcrefore i~ will not be n¢cessa~ 1o remove any mobile homes from 22 23 ~ day of 24 25 26 27 property to be acquired This Resolution adopted on Ihis and majority vote. ATTEST: DWIGHT E. BROCK, CLERK 28 29 Approved ss to form and 30 legal sufficiency: 33 }lc/dj F. Ashton 34 Assistant Coun!y Altomey · 1997, after motion, second BOARD OF COb%WY COMM ISSION'ERS By: TIMOTHY L. HANCOCK, CHAIRMAN Pa';e 2 E X E C RECOMMENDATION TIIAT TIKE BOARD ADOPT A RESOLUTION AUTHORIZING Till'; ACQUISITION BY GIFT, PURCItASE OR CONDEMNATION OF NON-EXCI.USIX'E, PERPETUAL ROAD RIGItT-OF-\\'AY, SIDEWALK, UTII.ITY, DRAINAGE, MAINTENANCE AND TEMPORARY CONSTRUCTION INTERESTS BY EASEMENT FOR TIlE CONSTRUCTION OF TIlE SIX-LANING IMPROVEMENTS FOR AIRPORT-PULLING ROAD (C.R. 31) PROJECT FROM PINE RIDGE ROAD (C.R. 896) TO VANDERBILT BEACIt ROAD (C.R. 862). O_t3_,FF,.C_J_I.XT~ To adopt a Resolution ~o acquire by gift, purchase or condemnation of non-exclusive, perpetual road right-of-way, sidewalk, utility, drainage, maintenance and temporary construction interests by easement required to complete the six-laning roadway improvements for Airport-Pulling Road (C.R.31) from Pine Ridge Road (C.R. 896) to Vanderbilt Beach Road (C.R. 862), (hereinafter referred to as "tile Project"). CONSIDE.Ik-~.TION: On September >' .:,, 1994, the Board of County Commissioners adopted Ordinance No. 94-54 therein establishing tile 1994 (Sixth Ammal) Capital Improvc~ncnt Element of tile Growth .Management Plan for CIE ~ 55. On April 8, 1997, thc Board of County Commissioners adopted Resolution No. 9%198 authorizing tile County Staff to acquire by gift or purchase certain easements and fee simple title to the property and property interests required and ntcessao' for the six-laning roadway improvement of Airport-Pulling Road from Pine Ridge Road to Vanderbilt Beach Road. Staff has reviewed alternative locations, environmental factors, cost variables, safety and welfare considerations as they relate to the construction of the Proiect and the Board finds that the most feasible location for the additional road right-of-way for the constraction of tile Project is being more particularly described in Exhibit "A" of the attached Resolution. FISCAl. IMPACT_; The right-of-way acquisition cost estimate has just recently been updated to reflect actual appraised values and all of the most recent design changes. Total acquisition costs are estimated at S728,437, and includes all land, improvements, and severance damage pay-outs as ,,,,'ell as all overhead costs and expenses which may be incurred through condemnation and final judgment for those non- exclusive, perpetual easements referenced in Exhibit "A", required to complete the six-laning roadway improvements for the Project. Funds in the amount of 5300,000 (FY 97) and 5500,000 (FY 98) are available in: Fund: Cost Center: Project: 331 - Road Impact Fee (District Itl) 163650 - Road Impact Construction 62031 - Airport-Pulling Road Project GROWI}! MANAGEMENT IMPACT: As a Capital hnprovement Element project, tile recommendation is consistent with the County's Growth Management Plan for CIE # 55. That Ihe Board of County Commissioners: (1) Adopt the attached Resolution authorizing ll~e acquisition by gift, purchase or condemnation thc non- exclusive, perpetual road right-of-v,.ay, sidewalk, utility, drainage, maintcnance and temporary construction interests by easement required to complete the six-laning roadway improvements for Airport-Pulling Road Project, from Pine Ridge Road to Vanderbih Beach Road; (2) Authorize the Chairman to execute the attached Resolution; PREPARED BY: t ~ cF_.~ cr'--~ Wi!ma h'erson, Senior Specialist Real Property Management Department :Micah K. Mass~quoi, P~P~oject Manager Office of Capital Projects Management Adolfo A: Gonzalez, P.E., Director Office~Capital Projects Management Ed llschner, Adminislra/or Public Works Division DATE: DATE:" DATE: F./?,/'7~,, '7 /'/ '0 2 A RESOI.I_'TION AUTIlOR Z \'G TIlE ACQUISITION OF LAND BY GIFT, 3 Pt'RCIt..\SE ()R ('ONDIt*INATION OF NON-EXCI.USIVE, PERPETUAL ROAD 4 RIGIIT-OF.\VAY, SIDEWALK, UTILITY, DRAINAGE, MAINTENANCE AND ~ TEMPORARY CONSTRUCTION INTERESTS BY EASEMENT FOR TIlE 6 CONSTRUCTION OF TIlE SIX-LANING ROADWAY IMPROVEMENTS FOR ? AIRPORT-PULLiNG ROAD (C.R 31) PROJECT FROM PINE R~DGE ROAD (C.R g S96) TO VANDERBII_T BEACH ROAD (C.R. 862). O WHEREAS, q~eBoardofCounlyCommssioncrs onScptcmhcr~ 1994, adopted 1~ Ord[nancc No 94-54 Iht'rein eslahlishing th~ ]994 (Sixth ..~nmm]) Capital Improvement ]1 Elcmcnt~ftheGro,,~thManagcmem Plan in order lo ~stahlish pnonties for hed¢si? 12 acqmsmen ami construction oftl~e various capital mlprovcmcm projects x~hich comprise lh¢ 13 Transpo~atton Elcmcnt r,flh¢ County's Cornprche lsiv~ Plan; and 14 WHEREAS, the six-la~i:lg improvemcms to Ai~omPuliing Road from Pine Ridge Road I5 to X'andcrhiJt Beach Road are component pa~s office Transportation Element of the County's 16 Comprdlcnsw¢ Plan; and I ? WHEREAS, Ibc Board of County Commissioners, on April 8. 1997, adopted Resolution 18 No. 97-19S authorizing the Count), Staffto acquir~ by gift or purchase certain easements or fee 19 simple title lo tl~e property and property inter~sts required and n¢cessaU, for the six-laning 20 road,.~ ay improvements of Ai~on-Pulling Road from Pine Ridge Road to Vanderbih Beach 21 Road; and 22 NOW, TIIEREFORE, BE IT RESOLVED BY TIlE BOARD OF COUNTY 23 COMMISSIONERS OF COLLIER CO~TY. FLORIDA, that it has b¢~n detrained by 24 Board thal the construction of iht $ix-laning roadway improvements for Ai~o~-Pulling Road 25 from Pine Ridge Road to Vandtrbilt Beach Road, (hereinafter rtft~td lo as "th¢ Project') is 26 ntctssaO, and in th~ public's best interest in order to protect th~ h~ahh, safety and welfare ofth~ 27 cilizens of Collier Counly. 28 AND IT IS FURTHER RESOLVED that Ihe Board has reviewed Ihe Staff anatysis 29 regarding ahemaliv¢ locations, environmental faclors, cost va~abl~s, safely and welfare 30 considerations as they relate lo th~ construction o[th¢ Project and finds that th~ most feasible Page I lOC,ltlOll For thc road ri_chN~f-',,.ay For thc cc~l,'tin non-e',:chlsi',, c. pcrpcm.-.I road ri,,2}~l-of-,.k ay. 2 side',,, alk. u61ily, drainage, maintc-nanc¢ ami Iempora 3 described in ExhiSit "A" allached berrie and incorporated herein 4 AND IT IS FL'RT[IEI>, RESOLVED Ih,al Ihe consnuc~ion oflhe Pwjcc: ~s ,,',an nffl~c 5 Coum.x's long r,',',gc plan that is included in lhe Transponatmn Elcmcm o£1hc Counly's 6 Cc, mprchcnsi'~c Plnn; 7 AND IT IS FL'RTtlER RESOLVED fl'~al q .~2pr,,pr]ate ,and ncccssar',, I'nr the Board to acqmrc certain non-cxclusi~ c w.:rpeluM rc.a,l righ:-of- ') ~.', ny. side',,, alk. utdiw, drainage rllal[llenan¢c in described ',, fi:c al:ached F. xhilm "..V'. auached hcrcio and mcorporalcd herein, v, hich arc ;I 14 15 I$ 20 2B 2~ 2S 2~ 27 2~ 29 32 36 3? r~ccc:~,.:~ '.',w fl;c ccmsm~c:;or~ of the six-lanm~ road~ a.x m~p'o,, emcnts ~or Ai~on-Pullin~ AND IT lS Fi 'RTIIER RESO1.VED Iha~ Ihe Cnumy s~arris hereby authorized In Chapters -3.74 and 127, Florida SlallltCS. file ce~ain non-excMsive, pc~emal road n~ht-o¢ ~x a'?. s~dcx~ 3~k, tili]tly, drainage, maimcnancc and IcmporaD' conslmction interests by cascmenl bein~ morc pamcularly described in Exhibil "A", auached hereto ami inco~oraled herein AND IT IS FURIItER RESOLVED ~l~a~ no mobile homes arc localed on fl~c propc~y son:hr h~ bc acquired and lhcrerore it w/Il nm he neccssa~' ~o remove any mobile homes from !he property to be acquired. This Resolution adopled on Ihis second and majorily ATTEST: DWIGItT E. BROCK, CLERK da)' of . 1997. after minion. BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY By:. TIMOTHY L. HANCOCK. C}IAIRMAN Approved as to form and legal sufficiency:, Heidi F. Ashton. Assistant Counly AUomey Assistant County AIlomey Page 2 q[ .LEGAL OFFICE OF CAPITAL PROJECTS EAST TAMIAM~ TRAIL NAPLES, FLORIDA 34112 (941) 774-8192 PROJECT NO. PROJECT PARCEL TAX PARCEL biO. DESCRIPTION (NOT A SURVEY) CO\P, 1£'<CING AT T]IE SOUTHEAST CORNER OF SECTION 2. TO'& ."4SI-{IP 49 SOLTtt. RANGE :? EAST. COLLIER COL.'NTT. FLORIDA. SAID POIN-I' OF ALSO I.Vl',;G O'~ Tile EAST RIGHT OF WAY LINE OF AIRPORT ROAD ¢C R 31). THENCE NORT'tt 2 DEGREES 14 .',llN'U'rEs ~ SECONDS \%1=ST ALONG SAID EAST RIGIFT OF WAY LINE. A DISTANCE OF In(,~ ~2 FEET. THENCE .SC)L~DI ~9 DEGR~EES _~ I MIT~%'TES 42 SECON~3S ~\I~ST. A DISTANCE OF I I $ 07 FEET TO A LD,'E LYING FIFTEEX IlYB~I--ST.AS MEASU'RED PERPENDICULAR TO. ~[[ ~gl~ST PJGHT OF WAY LI\'E OF SA~D AIRF'ORT ROAD AND TIlE POINT OF BEGFS,%'fNG. THENCE N'ORTtl 2 DEGREES I~ MINUTES ~) SECONDS WEST ALONG SAID LIN"E LYL','G FIFTEEN FEET WEST OF TIlE WEST RIGHT OF WAY LINE. A DISTANCE OF FEET. TIlE'<CE SOL-rH ~ DEGREES .M ,MI'~UTES 42 SECONDS %\'EST. A DISTANCE OF Iff fll FEET. THENCE SOb'Ttl 2 DEGREES I~ MINUTES f~9 SECON'DS EAST ALONG A LI.',~E LYING 2~ FEET \\"EST. AS .MEASLY, ED PERPEN'DICLFLAR TO. SAID WEST RIGHT OF WAY LINE OF AIRPORT ROAD. A DISTANCE OF 3~2 ?~ FEET. THENCE NORTH ~9 DEGREES .~ I MINUTES ~2 SECOXDS EAST. A DISTANCE OF Iff OI FEET TO TH~ POt%-r OF BEGI%.'NING. SAID DESCRIBED TRACT CONq'AINING 0 0?6 ACRES OR (].327 SQUARE FEET). MORE OR LESS B&SIS OF BEARINGS IS TIlE ',~1~ST P, JGHT OF WAY LI%'E OF AIRPORT ROAD BEING SOL'TIt H2 DEGREES 14 MINUTES on SECO'.'DS EAST PARCEL 7n~ A DAT : ?/'"/¢ GEOF;R;£ R. R~CH~OND PROFESSIONAL LAND SU~OR 1~2406 OFFICE OF C,A~TAL PROJECTS COLLIER COUNTY GO'CERN~£~Ff COUPLEX 3301 E TAI~IAktl TRAIL N,,~LES. FLORIDA .34112 ',5 OFFICE OF CAPITAL PROJECTS 3321 EAST TAMIAIJI TRAIL N^PLES, FLORID4 34112 SKETCH OF DESCRIPTION 15.0~ ': ~9'5~'42"c ~249 .). ,', - S.E. Corner ~ z~PARCEL1220,59'7039 N.W. 1/4, N.E.1/4, ~ Sec. 2, Twp. 495 : 50~ Rge. 25E 0 ~1j~2 P.D.C. S.E. Corner Sec. 2. TwO. 49 S. Rge. 25 E. GENERAL NgTCS I) P,O.C. indicates Point oF Commencement 2) P.O.B. indicates Point oF Beginning 3) Sec. indicates Section 4) Two.]ndicates Township 5) Rge. i~dicates Range 6) R/W indicates Right-oF-way 7) All distances a~e In Feet and decimals thereof AirpOrt Road being S.O~'i4'O0'E. 9) Not valid unless sigme~ amd sealed with the embossed se¢l oF the professional land surveyo~ THIS IS ONLY A SKETCH SCALE 07-02-97 AR-703 ISHEE'F 2 OF 2 LEGAl. OI~t;V~£ 01," C.,I?/'i'.,t£ ?I'~O,J'£C'I~S DESCRIPTION ('r,I©T A SLJRVt;Y) CO\ P...'T. NC,.rNG AT T'$ IE SOL'Ti ~AST CORN'ER OF SECTION ~. TO',", ,~SIr[l' 4") SOL'TH, RANGE .".~ EAST COLLIER COUN'I'Y, FLORIDA,SAID POINT OF CON'[;,I'E. NCE%FEN'T ALSO LYINGONTI~EASTRIGIITOFWAYLINEOFAIRPORTROADICR :)II,FIFE\CE NORTll 2 DEGREES 1 ] MINb'FES no SECONDS WEST. A DISTANCE OF In~9 4 FEET. T~NCE SOb'l-II R9 DEGREES 51 N;INI,.-I-ES 42 SECONDS ~.\~ST, A DISTANCE OF I I ? n.~ FEET TO TIlE POINT OF I'~EGINLNING. TIIENCE CON'TIN'UING \\~EST ALONG SAID LINT., A DISTANCE OF 12~.~ f,? FEET; TIIENCE NORTll I DEGREE ,MIN~.-FES .~ SECONT~S WEST, A ulSTANCE OF I ~n n~ FEET MORE OR LESS,TO THE SOb'TII~AST COR,N'ER OF TI~E NORTIP, NT. ST QUARTER OF TIFF.. NOP. TI~AST ~UARTER OF THE SOL-I'H~,~.ST OUARTER OF 1'11E SOUT!IEAST QUARTER OF AFORESAID SECTION TIIENCE CO%-FI,N"a'ING NORTII ALONG SAID LIN~, A DISTANCE OF IS ox~ FEET; I~ENCE NORTH ~ DEGREES n] MINtagE. S In SECO,\'DS EAST, A DISTANCE OF 1~ nn FEET, TIi'EWCE Sou'n! I DEGREE ~: MIN'U-tES .~n SECONDS EAST, A DISTAX'CE OF I~n ~ FEET %~ORE OR LESS, TIIEN'CE NORTI! ~o DEGREES MIN'UTES 42 SECONDS EAST, A DISTANCE OF 122n ~9 FEET, TIIENCE SOU-CH DEGREES 14 MIN'UTE$ n~ SECONT~S EAST,ALONG A LIN~ LYING FtFTEE,~ FEET \\T. ST OF TIlE \~,T. ST ~lGIl'r OF WAY LINE OF SAID AIRPORT ROAD A DISTANCE OF 1_~ nl FEET TO TIlE POIN~I' OF DEGIN,'N'I,'.'G; SAID DESCRIBED 1-P~ACT CON'TAININ'G n 47n ACRE ~.~n,~ SQUARE FEET}, MORE OR LESS DASIS OF DEAR~NGS IS TI~ EAST RIGHT OF WAY LINE OF AIRPORT ROAD I'~F. ING N'ORTH n.~ DEGREES I~ MIN"dTES no SECONDS \\'EST PARCEl. ..: :._..---~ ........ '~/,.,,/~', PROFFSSIOhlAL LAND sura,'L-'rOR ~2406 OFFICE OF CAPIIAL PROJECTS COLLIER COUNTY COVERNI,IENT COL;PLFX ~.90! IS TAMLAMI 1RAJL NAPLES, FLORIDA ~4112 7 OFFICE OF CAPITAL PROJECTS (941) 774-8192 SKETCH OF DESCRIPTION 15.0;:-, 10.01t ~ /V ;; 89'51'42"E 1249.04' 'I ~ f~'~ BS'02'10"E. PAPCCL 703--~/ 15.00'-~Zl / x~ ~130.50'~ ~ ~ P~Rrr 7 P~CEL 803~~ S ' Corner ' S.w.1/~. S.E.1/¢. /'S.8g'51'~2"W. 1235.67" J / Sec. 2. T.p. 49S 1250.68'J ~J//'/,' Rge. 25E. ~5.01~/ / 5.89'51'42"w. 115.08' ~112 P.O,C. S.E. Corner Sec. 2, Twp. 49 S, Rge. 25 E. GENERAL NOTES l) P,O.C. indicates Point oF Commencement 2) P.O.B. i~,dlcotes Point oF Beginning 3) Sec. indicates Section 4) Twp. [ndlcotes Township 5) Rge. indlc~tes Range 6) R/~ Indicates Right-oF-way 7) Alt distonces ore In Feet ond decimoJs thereof 8) ~osis oF beorlngs Is the ~est Airport Rood being 9) Not volid untesS Signed ond seo~ed with the embossed seo[ oF the proFesslono: Iond surveyor THIS IS ONLY A SKETCH SHEET 2 OF 2 ~ 330~ OFFICE OF CAPITAL PROJECTS EAST T/,,MIAMI TRAIL NAPLES. FLORIDA 34112 (941) 774-8192 PROJECT PARCEL TAX PARCEL NO, LEGAL DESCRIPTION (NOT A SURVEY~ ...... .- .......... ::-': ..... ::=-.t~' .... :".-= -r c='~-.'.~;; 2 TS;':::SHiP 49 SOUTH, :.:2:':£ :~, .'C.'-.£T, ??LL:.::~ CC'/:TY, FLgP:2,'- S;-.:S ?O:::T CF .-: ............ :=- .--.=- =-~.u- -=- ;';.AY L::;:' CF '-'~.:CRT RCA. 2 lC.~ 3,'~; Tu:-i:TE ::Z:TF .' iKGF~E~ '.4 I-:i::'JTES C,i £EZSt;ZS ;.:EST ALC::G SAiD EAST F.'_'::-{T 27 :-iA':' L:::E, A ::£TA:;Z£ CF '. ~ .; .:. . .' * ........ VEST; -~..r,;-=- ¢¢ .... ..... u 6~' DESFEE£ il :::::L'TE£ 41 ££13::1S :-:EST, A .'."STA:::E CF ii:.0? FEET TO THE :':EST :13~T CF :';.'-.':' LiCE CF' SAiD AiPP?FT PC.:,5 A:;D THE POINT CF BEGiI:~:iI:G; T:-.'ESiE I:.%PTk: ' _'ES?EEC !-$ ;-:'.::UTES 33 _~EiC::2S ;-:EST ALO:;G £.'-.iD ;.:ES? :-'~=- -.'r '.':'. ..... z ; -'':-A'-r CF ~47 7:. FEET: THE::C£ ¢~'--N ~.", 51 :-:ii:UTES 42 SK_-C::2$ :':EST, A 2.'SiR:iCE OF 15.C! FEET; THE:;CE SOUTH 2 --ESFEES 14 ~-:iI:UTES '' SECC::DS EAST ALC.':S A Li,':E LYi::S Fi.=-T£EHti5'IFEET >:EST,..~'~ .................... :-:EASUPED ~rmmr':D'C[;'AR TO, ~'-~D :"--~- .~.iGHT OF' :':AY Li:;E CF AiRFS.:T .:CA2', A 2iSTA;;CE OF 347.75 FEET; THE::CF- :;ORTH 87 DE~REES 51 ........ -"~' 42 c.- ..... c EAST, A Di~-A''-:' OF` 15 c' FEET T',O THE P,OiI:T C'-' ~E5::::::::~; SAiD DESCPi-~ED TPJ~CT CO::TAi:;:::G 0.12~, ACPE (5215 F'-ET~, :':2.~E C? LESS. BASIS CF RE.'-.Pi::SS iS THE WEST RIGHT OF WAY Li'.;E CF AiPPCPT ?.DAD ='-'"2. ............ ~ .... = 02 2E~FEE$ i4 .'-:ii:UTES 00 ,--¢'~'0''~¢..~ EAST PARCEL 833 O~,(~F R. 'I~ICHUOND ' PROFESSIONAL LAND SURV%'YOR ~2406 OFFIC[ OF C,N:'ITAL COLLIER COUNTY GOVERNMENT COMPLD( 330~a{)eTA),.41~.MI TRAIL NAPLES. FLORIDA 34112 3301 OFFICE OF CAPITAL PROJECTS EAST TAMIAMI TRAIL NAPLES, FLO~:D,: 341~2 (941) 774-8192 SKETCH OF DESCRIPTION ~: /z ~; f19'51'42"E. 12,:9.04' I 0 01L~,, "~J -~ 8B'O2'~O"E. P~CEL 703~]~ '500:-Z] ,-" ~ ~l ~ PARCEL ~ -~PA~CEL 703B N.v,'.~/~. ~.E.1/~. ~% , S.w. 1/4. SE.I/4. 12506~./S,89'51'42"W.~ ~23567" Sec. 2. T~,p. 49S. . ~ Rge. 25E. ,~, ~ 150~ . / GENERAL NDTES 1) P,O,C. indicates Point oF Commencement 2) P.D.I~. indic(~tes Point Of' []eglnnlng 3) Sec, indicates Section 4) Twp. ]~dicotes Township 5) Rge. indicotes ~onge B) ~osls oF ~eorings tS the West R/~ line oF Airport Rood being S,OS'14'OO'E. 9) Not vaUd unless signed and sealed with the embossed seal oF the p~oFessionol Iond sumveyom THIS IS ONLY A SKETCH SCALE 07-02-97 AR-B03 SHEET 2 OF 2 OFFICE OF CAPITAL PROJECTS [.'.:.' T:.'.":.'.' ;P.',:L r;.:F~.:.:. "~ ' ? ?".I c r~,: r-:.~cE: .;~ 00237400004 SKETCH OF LEGAL DESCRIPTION (NOT A SURVEY) TE~':PORARY CO:;STRUCTI ON Lg_~AL_DLSC~.I_PT__J 02__' CO\~fE.'NCP':G al the Se, uTbeasl cor'~¢r of S¢clinn 2. T4OS, ~SE. Col:ice Count. Flohd~. lhencea]ongtheEasTlineofsaidScclion2, North2°. 14' 0" We~l 139%16feet for IhePOINTOFFlEG[N~'I?4G thence South B9~ 51' 42" We~ ?02 ~g feet, thence along North ~nd P~ral~e~ to Ihe Wesl line nflhe E~sl h~lfofthe Sou~heas~ quarter of said Section 2, Norlh 1: 57' ~O" West 31094 ~l. lhcnceNonhS0* 51' 42" has( 702~8 Feet. thenceaionglheEasllineofsaidSecdon 2. South? 14' 0' East 31094 Feello the PO~ OF BEG~'G, S acres more or less EXCEPTI'NG the Eagerly most 100 Feet having heretofore been conveyed by Warranty Deed recorded in O.R. Book 171. Page 112, P~bllc Records of Collier County. Florida Basis of Bearlnl;s is the East line of Section 2 heine N 02* 14' 00" W Pa.reel 46T (704) Sheet I of 2 I~)d 02)~pag SCALE; DRA','/t¢ I~¥. F~LE NO REVISED"'.' PROFESSIONAL LAND SURV[:¥OR #2406 OFFICE or CAPITAL PROJECIS COLLIER COUNTY COVER;,IMENT COk'PLE:~ .3501 ~ T^P.,t,'.f.n T~AII. fl"~l~LES, FLORIDA 33962 // OFFICE OF CA?ITA£ PROJECTS · ','~r,. -..- ..... .... 'rR/,IL ,..PLES, F'OP..'.D:. _,'zg62 (813) '77.:-8~ 92 SKETCH OF DESCRIPTION GENERAL NOTES 1) P.O.C. Indicates Point cF £on~encenent 2) P.O,l]. Indicates Point o£ Deg;nmng 3) Sec. indicates Sect;on 4) Twp. Indicates Towns;",;p 5) [?ge. indicates Range G) R/W indicates Ri~ht-oF-~ay 7) AH dlstance~ are ;n Feet ~nd dec~-a[~ thereof 8) ~asls oF Bearings is the last line oF the 5eot;on 2 being 9) Not voUd unless ~[Dned ~nd ~e~led ~ith the embossed seal oF the proFesslon~l land surveyor THIS IS ONLY A SKETCH 46 SHEET 2 OF 2 OFFICE OF CAPITAL PROJECTS E;.S~ ~,'.'.t;,',L~l tP..,',rL ;iAPLES, :'L'i'"z'I~.,'- SKETCH OF LEGAL DESCRIPTION (NOT A SURV._EY_) ~('~v'Sgt~K',. DRAiI:A::G£, UTILITY AND 14AI[;T£;;A:;CE EAS£HENT LF~G_2$J..__D E5 ~_R_ p_[_ O_ \' The East fifteen (I 5') feet of the follo,.~in~ described parcel. COMMENCING at the Southeast comer of Section 2. T4OS. R2. SE. Collier County. Florida. thence along the East line ofsaid Section 2. North 2'. 14' 0" West 1397 16 feet for the PO1NT OF BEGINWING thence South 89° 51' 42" \Vest 702 58 feet. thence along North and Parallel to the West line ortho East halfofthe Southeast quartet of said Section 2. North I' 57' $O" West 31094 feet, thence Norlh 89" 51' 42" East 702 58 feet. thence alon~ the East line oFsaid Section 2. South 2° 14' 0" E~st 3 l0 94 Feet to the POINT OF BEGIN.'%qNG excepting the Easterly most IOO Feet having heretofore been conveyed by Warranty deed recorded in O R Book I?l. Pa~e 112. Public Records of Collier County. Florida Conlaining 4664 square feet more or less Basis of Bearings is the East line oFSeclion 2 being N 020 14' 00" W Parcel 46SU ('a04 ~,') Sheet I of 2 igld 023m'pag SC~.LE: DRA'i;N ~Y:. C~ECK£D B':f: FILE NO:__ REVISED:_ E t~R G E R ~ ~ PROFESSIONAL LAND SURVEYOR, ~/2406 OFFICE OF CAPI/AL PROJECTS COLI. IER COUNTt' GOVERNMENT COMPLEX ~]01 ~ ri, MIaMI ]~AiL HA~L¢S, rLOm~ ~301 OFFICE OF CAPITAL PROJECTS EAST TAMIAI,',I TRAIl_ /'IAPLES. FLO21OA SKETCH OF DESCRIPTION ~ ~9'51'42"E 702,",~ ..... ii' ----~! -;~.. ,-~-,ooP~,OPOSED E,'SEM.'-,IT (46SU) I ~ LO', 'ST 50"v,' -/ 5~]7 s a'~'~'~2",' :',:2 ~m' /'~-''t-~F PPOnOSED EASEMENT (,IG1)~ ~'N I I Soulheasl Corner of Seclion 2. Twp. 4g S. Rge. 25 E. GENERAL NOTES 1) P.O.C. Indlc~tes Point OF Commencer~ent 2) P,O.J]. Indicates Point or [leginnlng 2) Sec, Indicates Section 4) T~p. ]ndlcates Township 5) Rge, Ind;cates Range 6) R/~ ~nd;c~tes 7) AH distances ape in Feet ~nd decinels 'thereof 8) B~s~s oF ~e~mngs being N.0~'[4'00'V, 9) Not vQlld un[ess signed ~nd sealed ~;th ~he e~bossed 5e~[ oF the THIS IS ONLY A SK~CH NBT TO ~ 04-17-96 46 I SCALE SHEET 2 OF 2 :"301 OFFICE OF CAPITAL PROJECTS ' T E,,S. T,',MI;',!.~I TRAIL II,'~PLE$. FLORIF.,.'. (,a~ 1 '~) ?-',;_~ 19~ TAX PARCEL HO ~D2374Dn~4 ~tg~l~, DRAINAGE, UTILITY AND MAIHTENANCE EASEMENT SK~CH OF LEGAt DESCRIPTION .(NOT A 5URV~) I.EGAL DESCRIPTION The North 16 feet of the fnllo',,.in_~ described parcel. Commencing at the Soulheas[ corner of Section 2, Township 49S, Range 25E. thence Nonherlv along the East line ofsaid Section 2, NO2: 14' 00" W, 1398 08 feet. thence S89' 51' 42" W, 702 ~S feet mlhePoinlofBe~inning,~hencecontinuing Sg9~ 51' 42- W. 646 53 feet to lhe Wesl line orlt, e E~s~ I/2 or,he SE 1/4 of Secuon 2. Twp 49S. Rge 25E, lhcnceNomherlyalongsaldWestlineNOl° 57' 50"W, 9707g feet, thence N89= 51' 42" E, 5~445 feet thenceS02~ 14' OOE, 6~0~feeLthence N89° 51' 42" E. 5396 feel, thence SOl~ 57' 50" E. 31089fee~m~hePoimof Be~innm~ Containing9351 square feet moreorless BASIS OF BEARING EasllmeoflheSou~hx~es~ I/4 corner (a~so being East ~ght-of- x~ay of County Road ~1), being No~h 02~ 14' 00" West Sheet 1 of 2 SCALE: DRAWN CHECKED FILE NO: RE%'ISED: PRrOF[SSIO/qAL ~NO SU~V[YOR ~2406 OFFICE OF CAPITAL PROJECIS COLUER COUN~ GO~RNUENT COUPLEX OFFICE OF CAPITAL PROJECTS 3301 EAST TAMIAMI TRAIL IIAPLES, FLORIDA 33962 (941) 774-8192 SKETCH OF DESCRIPTtOI4 PROJECT h~O. PROJECT PARCEL TA~' PARCEL NO. o ~ S89'51'42"W 646.53' THIS IS ON'LY A SKETCH 89'5! ',;2"E 58.96' P.O.B. S89'51'42"W 702.58' P.O.C.'~ ~"~GE R. RICHMOND DATE: PROFESSIONAL LAND SU~OR J2¢06 OFFICE OF CAPITAL PROJECTS COLLIER COUNTY GOVERNMENT COMPLEX 3.301 E TAMLAMI TRAIL NAPLES, FLORIDA 33962 //,, '¸ 3301 OFFICE OF CAPITAL PROJECTS EAST T/d/IAI,Il TRAIL N,A, PLES, FLORIDA 34112 (941) 77,1-8192 SKE-I'CH OF LEGAL DESCRIPTION (NOT A SURVEY) ROAD RIGtlT-OF-WAY, SIDEW^LK, UTILITY, DRAINAGE AHD P,A IHTEIIANCE EAS E,'.I ENT COMMENCING AT T~{E SOL'Il{EAST CORNER OF SECTION 2. TO%%~SIffP .19 SOUTH, RANGE 2~ EAST. COLLIER COL.~T~'. F1. ORIDA. SAID ~]~N~ OF CO~IENCEM~N~ ALSC) LYINGON~[E EAST RIGt~T OF WAY LINE OF AIRPORT ROAD(ER 11). THENCE NOR~i 2 DEGREES 14 MIN~S ~ SECOx'DS WEST ALONG SMD RIGHT OF wAY LIN~. A DISTANCE OF ITn~ 1~ FEET. ~iENCE SOL~ ~9 DEGREES ~1 ~4PCL~S ~2 SECONDS ~ST, A DISTANCE OF H,~(,~ FEET TO ~t[ ~ST RIGI~ OF WAY L[N~ OF SAID AIRarT ROAD. ~N'CE NORTIt 2 DEGREES l~ M~N~S SECONDS WEST ALONG SAID ~ST RIGI~ OF WAY LP;E. A DISTANCE OF r~6 ~ FEET TO ~ ~l~ OF IN~RSECTION OF TIlE WEST RIGHT OF WAY L[N~ OF AIRPORT ROAD AND T~ SObfftl RIGttT OF WAY LINE OF O~NGE BLOSSOM THENCE SOUTH ~9 DEGREES ~1 MINI,~ES .1~ SECONDS ~ST ALONG SAID SOL~H RI~ OF WAY LIN~. A DISTANCE OF 3~ ~ FEET TO ~tE ~I~ OF BEGIN%;ING. ~NCE SObWll 0 DEGREES o~ MiN~ES IA SECONDS EAST, A DISTANCE OF 16 ~ ~ET. ~IENCE SOb~i ~o DEGREES ~1 MI~%,~S 42 SECOndS x~ST ALONG A LINE LYING 16 ~ET SOL~, AS ~ASL~ED PERPEN~ICb~AR TO. SAID SOL~I RIG}~ OF WAY LIh~ OF ORANGE BLOSSOM DAJ~. A DISTANCE OF 3t~ ~n ~ET. ~NCE NOR~ ~ DEGREES ~ MINUTES I~ SECOndS X~ST. A DISTANCE OF 16 ~ ~ET; ~NCE NORTH ~ DEGREES ~I MIN~S 42 SECONDS EAST ALONG SAID SO~ RIG~ OF WAY LINE, A DISTANCE OF 3~ o~ ~ET TO ~HE ~INW OF BEGINS'lNG; SAID DESCRIBED TRACT CONWAINING 0 132 ACRE (5.~(~1 SQUARE ~ET). MORE OR LESS BASIS OF BEARINGS IS TIlE EAST R~G~ OF WAY LINE OF AIRART ROAD ~EING NORTtl r~2 DEGREES 14 MINL'TES I~ SECONDS X~ST PARCEL PROF[SSIONAL L~,ND SURV[YOR /J2406 OFFICE Of' C^PlTAL PROJECTS COLLI/R COUN~ GO~RNM~NT COMPLEX 3301 ~ TAMIALII TRAIL NAPLES, FLORIDA 34112 OFFICE OF CAPITAL PROJECTS E,',ST TAI.;I;,L:I TN^!L NAPLES. FLGP, IDA 34112 (941) '774-8192 SKETCH OF DESCRIPTION v,'E S~ R/w SR-S-31 I EY,!ST. ORANIGE BLOSSOM DR. R/vi N.89'5 '42'E. 66000' 300.OO' 560.00' S.89'51 '42"w. ~ ~-S.E. Corner p.B.C.-~ S~c.' 2. Twp. 49 OR {3OOK 519, Rg~ 25 E. PAGE 983 GENERAL NOTES I) P.O.C. indicates Point oF Commencement 8) P,OB. indicates Point of Beginning 3) Sec, indicates Section 4) TwO, Indicates To~nshi~ .5) Rge, indicates Range 6) R/~ indlc~tes Right-or-~oy 8) ~asis o¢ beo¢tngs Is the West Aiepo~ Road being se~[ oF the p~oFession~l (~nd su~veyo~ THIS IS ONLY A SKETCH SCALE 06-I9-97 SHEET 2 OF 2 .0 SEGAL 3301 OFFICE OF CAPITAL PROJECTS EAST TAMIAMI TRAIL HAPLES, FLORIDA 34112 (941) 774-8192 DC-.SCRIPTION (NOT A SURVEY/ PROJECT NO ~' ''q o 3 I PROJECT P;,RCEL t'O. lob B TAX PARCEL r;O. 002~7960007 ROAD RIGHT-OF-WAY, SIDEWALK, UTILITY, DRAINAGE AND MAINTENANCE EASEME~;T CO',P.?..'<CI'-:.5 ,'-,T TILE, SOU'TIlEAST CORNER OF SECTION 2, TO'A ,'NSIIIP 49 SOL-I'}t RANGE 2.~ EAST. COLLIER COUNTY. FLORIDA, SA[D POIN'T OF CONffJE~.'CEM'ENq' -\LSO LYING ON ~IE EAST RIGIIT OF ,,,,,, x.y LINt-] OF AmPORT ROAD fC R ]Il. TItENCE NORTII Z DEGREES JJ MI','LrFEs f'~ SECONT)S WEST ALONG SAID EAST RIGH'T OF V,'Av LINE, A DISTANCE OF I ?r~, In FILET. TtIENCE SObq'll ~9 DEGREES 51 N!I',%TES 42 SECONDS WEST. A DISTANCE OF Inn n'; FEET TO TIlE V,~ST RIGIIT OF WAY LIN% OF SAID AIRPORT ROAD. THENCE NOR'D{ 2 DEGREES 14 %fINU ,-'ES on SECONDS ~',~ST ALONG SAID WEST RIGHT OF \VA¥ LIN'E. A DIST,%NCE OF 64r~ r.¢] FEEl TO TIFE POINT OF BEGINNING, TI~NCE CON'TINqJ]NG NORTH ALONG SAID LINE. A DISTANCE OF 2n ~ FEET TO TIII~ POIN'r OF I:','TERSECTION OF TI IE EAST RIG!IT OF WAY LINF. OF AIRPORT ROAD ANT) SOUTH RfGf{T OF WAY LINE OF ORANGE BLOSSOM DRIVe. TIi'ENCE SOU'D{ Ii9 DEGREES 51 NIIN~'TES 42 SECON,'T)S WEST ALONG SAID SOU%ql RIGI{T OF WAY A .DISTANCE OF 3n'~ n,: FEET, TI FENCE Sot.rrlt 2 DEGREES 1~ MFN%.,rT'ES SECON'-'3S EAST, A DISTANCE OF 211 I~ FEET, TIIENCE NOR'DI $9 DEGREES 5 I %flNl~q-ES 4! SECONDS EAST ALONG A LINE LYING 20 FEET $OLrFH,AS PERPENDICULAR TO. SAID SOI)'Ttl RIGHT OF WAY LINE OF OIL%NGE BLOSSO.%I DR:N"E, A DISTANCE OF 3f~¢~ ft~ FEET TO TIlE POINT OF REGIN,'NING, SAID DESCRIBED 'TRACT CONq'AINING 0 I]ll ACRE (5,9."ff, SQUARE FEET'). NIORE OR LESS. BASIS OF BEARINGS 15 TlfE EAST RIGI-Cr OF WAY LINE OF AI]:IPORT ROAD BEING NORTH 02 DEGREES 14 ,%'I1NUTES r~ SECOf',T)S PARCEL lf~AB GF_.~(NJ~'~£ R. RICIIMOND PROFESSIONAL tAJqO SURVEY'OR ff2406 OFFICE OF CAPITAL PROJECTS COtLIER COUNI~f GOVERNMENT COMPLEX .]301 E TM.IIAMI ]'RAIL NAPLES. FLORIDA ..53962 OFFICE OF CAPITAL PROJECTS = '~'" ' EAST ...... -.-~ ~,,.,I,,,,,J TRAIL tJAPLES, FLOR:D:. Z/.i 12 (941) 774-8192 SKETCH OF DESCRIPTION V~ST R/w UNE EX~ST. ORANGE BLOSSOM DR. R/W ~~" /o~ , ~,$ OR BOOK 519. Rge. 2~ E. PAGE 983 GENERAL N3TES 1) P.FI.C, indicates Point o? COmmencement 2) P.O.B. indicates Point OF Beginning 3) Sec. indicates Section 4) Twp. Indicates Toe.ship 5) ~ge. i~dicotes Rouge 6) R/W ind~cotes ~ight-oP-~oy 7) All dis~ances a~e 8) Basis oF bearings is the ~est R/W line oF Aicpoct ~ood being N0~'I4'00'W. seal o¢ the ProCessional Iond THIS IS ONLY A SK~CH 3301 OFFICE OF CAPITAL PROJECTS EAST TAMIAMI TRAIL NAPLES, FLORIDA 341 i2 (941) 774-8192 PROJECT NO. PROJECT PARCEL HO. TAX PARCEL HO. Q0237960007 LEGAL DESgR!PTION (NOT A SURVEY) TE:.:PO~ARY CONSTRUCTIOII EASEMEf~T CO\f',fE';CI%G AT llfe SOU'TIIEAST CORNER OF SECT/ON 2. TO',~,~SIfTP 49 FLANGE 2~ EAST. COLLIER COL.'%"T~'. FLORIDA. S.%ID POINq' OF CO).f~rENCE.~fE.~,-F ALSO LYING ON ii.rE EAST RIOIfT OF WAY LI:,'E OF AIRPORT ROAD (C R. 31); THE.~:CE NOR'F){ 2 DEGREES 14 )df.'~-UTT!.S 06 SECONDS WEST ALONG SAID EAST RIG!CT OF WAY LI.~. A DISTANCE OF IT~ In FEET. TIlENCE Sob'rll ~9 DEGREES .~ I ~.II.%'LTES 42 SECO.~'DS ~'.~ST. A DISTANCE OF I~1 o? FEET TO TlfE ~ST RIGNT OF WAY Lf%'E OF AIRPORT ROAD; II~NCE ,~OR'I~I 2 DEGREES 14 rm SECO~,-OS %VEST AI.ONG SAID %VEST I~IGtrr OF WAY Lf!~qZ, A DISTANCE OF ]3n r,r, FEE-[ TTfENCE SOUl-it X9 DEGREES .il ~,I1N'U')~S 42 Sr-CO~,,'DS '&"EST. A DISTANCE OF 15 r~q FEET TO lie POI%'T OF BF..GIN.~iNG. I')fT-:NCE NORTH 2 DEGI~ES 14 ~,h,'T~'b'TES An SECON'DS %%~ST ALONG A LINE L','I.~,'G I~ FLEET WEST. AS .k~RASt~'RED PERPE~.'DICLTAR TO. SAID WEST RiGtrr OF WAY LI~..'E. A DISTANCE ,t In ¢~q FEET. TIAENCE SOUrTlt .~9 DEGREES 51 ,klINLFll~S 4;~ SECON~)S ~,%~ST. A DISTANCE OF In f'~ FEET, T1 fENCE SOb'fll 2 DEGREES IJ ~l:.",%q~S rw~ SECO\'DS EAST ALONG A LI%'E LYING 25 FEET ',%~ST.AS .klEASI~AED PERPEN'DICL'LAR TO.SAID VJEST RIGIFF OF WAY LIN"E. A DISTANCE OF ] In ~f~ FEET. 7tfENCE NORTll X9 DEGREES Sl Mh~,"u'TE S 4: 5ECO.~'DS EAST. A DISTANCE OF lO On FEET TO TlfE POI.~,'T OF llEG1N,%ING. SAD DESCRII)ED TI~AC'r CoN-rAEk'f%'G o flTl ACRE (3.,qO~ ~Q[]ARE FEET). ,k~ORE OR LESS. RASIS OF BEARINGS IS TIlE EAST RIOJFF OF WAY I.I.%"E OF AIRPORT ROAD BEi,','O NORTH ~, DEGREES J4 .~.~J~,q~TES ¢~) SECONDS WEST PARCEL 7o6 PROFESSIONAL LAND SURVlZ'YOR ~2406 OFFICE OF C~iTAL PR~ECT5 COLLIER COU~ C~RNMENT COMPLEX 3301 [ T~,tI~I T~L N~LES, FLORIDA 33962 . 70re OFFICE OF CAPITAL PROJECTS EAST T,',UfAMI TR^TL ~'Jt, PLES. FL©FelDA 3/.i 12 (941) 774-8192 SKETCH Or DESCRIPTION v.CST ~/','1 SR-S-31 % J £,Y,~ST ORANG£ BLOSSOM DR. P/',V ' ,": P,g'S1 '42"fi. 660.00' 660.00' S.89'51 '42"w. P.O.C.~ Sec.' 2. Twp. 49 OR BOOK 519. Rge. 25 E. PAGE 983 GENERAL NOTES 1) P.0,C. indicotes Point o¢ Con~encenent 2) P.O.B. ind;c~tes Point oF l]eglnnin9 3) ~ec. indifntes Section 4) Twp, ]indicates Township ~) Rge. ind~COteS Range 7) Att distonces ore in Feet omd decinols thereof 8) ~sis ~¢ beorings is the ~'est P/V llne of Airport Road being N08'I4'00'V. 9) Not valid unless sig~ed ond seoled ~ith the enbossed o¢ the proreSslon~l Iond Surveyor THIS IS ONLY A SK~CH NaT TB ...... SCALE 06-19-97 AR-706 SHEET 2 OF 2 OFFICE OF CAPITAL PROJECTS .3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 3,:112 (941) 774-8192 PROJECT riO, ~ ~ O 3 / PROJECT P*RCEL ,,o. $06 TAX PARCEL NO. 00237960007 LEGAL DESCRIPTION ('NOT A SURVEY) DRAINAGE, UTILITY AND MAIt~TENA:;CE EASEMErlT CO~.ff. fENCD.:G AT TIrE SOL"T'IrEAST CORNER OF SECTION 2. TO%%.~StfIP 49 RANGE 2~ EAST. COI.LIER COUNt. ~.ORIDA. ~.&ID POI%~ OF ALSO LYINGON'~EASTRIG~OFWAYLINEOFAIRF~RTROAD(CR 31). T}~NCE NOR~{ 2 DEGREES 14 kf~N~S ~ SECONDS %%~5T ALONG SAID EAST RIGI~ OF WAY L~%. A DISTANCE OF I7flR In ~ET, ~fENCE SO~{ R9 DEGREES 51 M]N%%S 42 SECONDS %%~ST. A DISTANCE OF I~ n~ ~ET TO ~{E RfGI~ OF WAY L~% OF S.MD AfRPONT ROAD. ~NCE %OR~I 2 DEGREES M~%~S nn SECONDS %%~ST ALONG ~ %%~ST ~IGIIT OF %VAY LIN~ OF AIRPORT ROAD, A DISTANCE OF 33fl ¢~ FEET TO ~{E ~% OF BEG~%~G. ~:CE CO%%I%~IN'G NOR~{ ALONG SA~O L1%%. A DISTANCE OF 31n ~ ~, ~ENCE SOtTIt 19 DEGREES ~ MI~ES 42 SECONDS %%~ST. A D[STANCE OF I 5~ ~ET. ~CE SO~H 2 DEGREES 14 ~IfN%~S ~ SECONDS EAST ALONG A L~,% L%UXG 15 ~ET %%~ST. AS N~AS~ED PERPEN~IC~.AR TO, SA~ %%~ST RIG~ OF WAY LIN% OF A~PORT RO.&D. A DISTANCE OF ~ In ~ ~ET. ~NCE ~9 DEGREES ~1 ~f~3lCqS 42 SECONDS EAST, A D:STANCE OF 15 ~ ~ET TO ~;~.~ OF BEGI~%ING, SAID DESCRIBED ~AO CON%A~G fl 1fl7 ACRE SQUARE ~). MORE OR LESS. BASIS OF BEARINGS IS ~ EAST R~GI~ OF WAY L~ OF A~RT ROAD BEING XOR~ n2 DEGREES 14 MIN~ES ~ SECONDS PARCEL DATE: ~:~ ,z ~OFESSIONAL LAND SURVCYOR #2406 OFFICE OF CAPITAL PROJECTS ' COLLIER COUNTY GOVERNMENT COMPLE× 3301 E T~.tlAMI TR~L NAPLES, FLORIDA 33962 ¢(¢X*) ,23 330~ OFFICE OF CAPITAL PROJECTS EAST T;.MiAt.',I TRAIL N^PLES, FLORIDA 34112 (941) 774-8192 SKETCH OF DESCRIPTION ;°,~ST R/W LINE~ SP-S-31 EXIST. OR,'.,,~GE' BLOSSOM DR. R/W ' ,':,89'51'42"E 660 00' 660 00' S £9'51',~ 2"w. P.rl.C. -' 2, Twp. 49 S. OR BOOK 519, Roe. 25 E. PAGE 983 GEtlERAL NOTES 1) P.O.C. indicQtes Point o¢ I'-om~encenent 2) P.DB. ;ndic~tes Poimt OF' Begimnimg 4) T~p. indicates 5) ~ge. ;nd;Cares Pa~ge 7) Alt d;stonces ore in feet and deci~ls 8) ~osis o~ beo~imgs is the ~est ~/~ li~e oF ~i~po~t Rood being N.0~']4'00'~, seol OF the proFessionol Iond surveyor THIS IS ONLY A SKETCH SCALE 06-t9-97 AR-806 SHEET 2 OF 2 '0' OFFICE OF CAPITAL PROJECTS 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA .34112 (941) 774-8192 PROJECT NO.~ 620,31 PROJECT PARCEL NO.. B08A TAX PARCEL ~'~O. ~ e ''~ ''~ L.~ ~l' _. A RIPTI N N T A RV Y LEGAL DESCRIPTION The East Ten (10') feet of the West Forty (40') feet of the Southeast quarter of the Northwest quarter of the Southeast quarter of Section 2, Township 49 South, Range 25 East. Coil;er County. Florida. PARCEL 808A / OR,.NCE B~OSSO~., DR~vE Southeo,~ O~orte~ of the Northwest Oeorter o~ ~ Southmost Ouo~er of Section ~Ei:~.ICE R. RICHMOND PROFESS~Ot,~L I~ND SUf~,E'r'OR ~2~0~ OIrF~C.E OF C_~PIT.~ PRO, Eel'S COLLIER COUNTY GOVC~RNMENT COMPLEX .3301 E TAMIAMI TRAIL NAPLES. FLORIDA ,:34112 DATE: PROJECT ~ O I PROJECT PARCEL NO. [11 FOLIO NO. Go S K ~F.~ALD ~ P--TIOJ~I (NOT A SURVEY) ~o,,,~ ~,'~+- o~-. ,~-v, ~ ;'~ .... v., ~,*.'~;~ ,'P~,'~.-8~ ' 'm..,'.,4~_,.~_... DESCRIPTION OF PART OF SECTION 1, TOWNSHIP 49 SOUTH. RANGE 25 EAST. COLLIER COUNTY, FLORIDA THE NORTH THIRTY (30) FEET OF THE SOUTHWEST QUARTER (1/4) OF THE NORTHWEST QUARTER (1/4) OF THE SOUTHWEST QUARTER (1!4) OF SECTION 1. TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY. FLORIDA, LESS THE WEST 100 FEET THEREOF. SUBJECT TO ALL RESTRICTIOiNS, RESERVATIOt;S A~;D EASEMEt4TS C;: RECORD ATE .? :) C~ORGE R RICI-[NtOND 33ol E TA.klIA.",.II TRAIl. NAPLES. FLORIDA 34112 NOT TO SCALE '0 PROJECT NO. /~D~5 ~ PROJECT PARCEL NO. ~li FOLIO NO. ~ ~,_c;;~ ~.~ q~ ~;KETCH & LEGAL DESCRIPTION (NOT A SURVEY) DESCRIPTION OF PART Of SECTION 1. TOWNSHIP 49 SOUTH. RANGE 25 EAST, COLLIER COUNTY. FLORIDA THE SOUTH 30 FEET OF THE NORTH SIXTY {60) FEET OF THE SOUTHWEST QUARTER (1/4) OF THE NORTHWEST QUARTER (114) OF THE SOUTHWEST QUARTER (1/4) OF SECTION 1, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, LESS THE WEST 100 FEET THEREOF. SUBJECT TO ALL RESTRICTIOr~S, RESERVATIOh'S AND EASEMEt4TS OF RECORD (30') ' 33nl E TANtlA~II TRAIL NAPLES. FLORIDA 34112 NOT TO SCALE PROJECT NO. ~ PROJECT PARCEL NO. I l~-'--' FOLIO NO. 00235280006 (NOT A SURVEY) ROAD RIGHT-OF-WAy, SIDEWALK, UTILITY,, DRAINAGE AND ~AIIJTEt{ANCE £ASE~ENT DESCRIPTION OF PART OF' SECTION 1, TOWNSHIP 49 SOUTH. RANGE 25 EAST, COLLIER COUNTY, FLORIDA THE SOUTH 70 FEET TOGETHER WITH THE NORTH 20 FEET OF THE SOUTH 90 FEET OF THE WEST 250 FEET OF THE SOUTH HALF (112) OF THE NORTHWEST QUARTER (1/4) OF THE NORTHWEST QUARTER (1/4) OF THE SOUTHWEST QUARTER (1/4) OF SECTION 1, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLOR DA, L£SS THE WEST 100 FEET THEREOF (CANAL RIGHT-OF-WAY). SUBJECT TO ALL RESTRICTI©NS, R£SERVATIONS Arid EASEMENTS OF RECORD ( NOT TO SCALE GEORGE R, RICHMOND ' ' PROES$~ONAL LAND SURVEYOR OFFICE OF CAP/TAL PROJECTS COLLIER COUNTY GOV[RNMENT COe~PLEX 3~01 E. TA~A~ TRAIL NAPLES FL. ~112 .3501 OFFICE O? CAPITAL PROJECTS EAST TAMIAMI TRAIL NAPLES, FLORIDA 33962 (81,3) 774-8192 PROJECT NO. 62031 PROJECT PARCEL NO.~~ ~OL~O NO. .~ SKETCH OF' LEGAL DESCRIPTION NOT a SURV~ TL~IPOIItAR¥ CONSTRUCT:ION £ASI~E'NT The So'~th HaJfofThe We~ Ten (10') fee or,he Ea~ 25' of the following de.ri'bed parcel; the South ½ of Ihat pan oflhe East half of Section 2, Towr~hJp 49 South, Range 25 Ea~, Collier County, Florida. de'~ribtd as follows; Commet~---ing al the Norlheast corr~-.r of Section 2. Townsh¥ 49 So. IL Range 25 East, Colli~ County, Florida; thence along the East line of ~aid ~clion 2, South 2' 13' 05" Ea.~, 1589.69 fecl; thence No~h 89~ 59' 01" We,,n 10008 Fe~ to the We~ Righl of Way line of Sllte Road 3 I (Pulling Road), and the POINT OF BEGrNNTNG of lbo parcel herein de~:6bed; Thence alon8 the West Right o/Way line of Stile Road 31, So,,~h 2' 13' 05" East 19~9.0.~ foci; thence Soutli 89° .SI' 40" We~t .SO033 fe~; lhenceNor~b 2· 13' 05" We~ 1990.4] feet; ~hence Soulb 89e 59' 01" East 500.38 feel Io the POINT OF BEGrNNI'NG Comaining 9945 Square feet more or less. Parcel 43TS 01Sa) Shee~ I of 2 Basis of Bearinss is the East line of Seclion 2, being Sot.rlh 02~ 13' 05" East LtJl~pag.030 SCALE:~ DRAWN BY: FILE NO:.. R['VIS£ D:_ PROFESSIONAL L..~D SUFWLrYOR j~2406 OFFICE O~ CAPITAL PROJECTS COLLIER COU~'~rY GOVERNMENT COMPLEX SHEET OF 330~ OFFICE OF CAPITAL PROJECTS EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774-8192 SKETCH OF DESCRIPTION EASEMENT (43TN S,89'59'01'E 587.58' N 1/2 S.89'Se'20'W. 500.33' s. sg'51'40"W. EASEMENT (43TS) Northeast Cart;er of Section 2. Twp. 49 S, Rge. 25 E. (43SUN) EASEMENT (43SUS) GENERAL NOTES 1) P.O.C. ~dlca~ces Point or Commencenent 3) Sec. indicates Section 4) T~p. Indicates Township 5) ROe. Imdlcates Romge G) R/W Indicates RIQht-oF-~y 7) Alt distances e~e Im Feet o~d decimats ~he~eoF being S.02'14'O0'E. seal of the proFession~t land S~veyor THIS IS ONLY A SK~CH J SCALE 10-10-96 43 JSHEET 2 OF 2 3301 OFFICE OF CAPITAL PROJECTS EAST TAMIAMI TRAIL NAPLES, FLORIDA 33962 (813) 774-8192 PROJECT NO.__..~62031 P~OJ£CT PARC£L NO ~LIo .o. ~GAL DESCRIPTION NOT A SU~ D~AZNAGE~ UTILITY AND MAINT~A~CE The South Half of The Easl fifteen (I $') Feet ofthe following desc6bed parcel; That part of the Eas~ ~lfof Section 2, Township 49 South, P-~nge 25 Ea~, Collier County. Florid,. de~ribed as foUow~; Comme~ing I! the, Norlhea~ ~ of Section 2, Township 49 South, Range 25 East, CoDiet Coup's/, Florida; th~.e II~g the ~ast of uid ~'~"fion 2, South 2' 13' 0.~" East 1589.69 fee~; thence North 89' 59' W.t 100.08 Fcct to the We~t Right of Way line of Slate Road 31 (~u/lin8 Road), Md the POFN'T OF EiEorNNI'NO ofthe parcel herein de.~-'ribed; ~ along the West RJg, h~ or'Way line of Slate Road 3 I, South 2' 13' 05" East 1¢39.0J fro; ther~ce $o~h 1~' il' 40" W~ 500.33 re~t; II~.=m:~ North 2' 13' 05" W~t i~)O.41 feet; the'ncc $o~h 8~' 59' 01" £a~ ~OO.J8 feCl lo the POTNT OF B £GI'NNT'NG Corr~a~/ng 14,920 Square feet more or B~is oft~aring is the East line of Section 2 hein8 South 02' 13' 05" East, Parce143SUS C8t3 A'~ Sheet 1 0£2 8~3A 5501 OFFICE OF CAPITAL PROJECTS EAST TAMIAMI TRAIL NAPLES, FLORIDA 54112 (941) 774-8192 SKETCH OF DESCRIPTION EASEMENT 587.58' '~ S.89'56'20"W. 500.35' O~ 500.33' S.89'51'40'w. EASEMENT P.0.C. Northeolt Carrier of Sectio(1 2, Twp. 49 S, Rge. 2.5 E. (~3SUN) ,ooo,' (8,~') ~-P.D,B. EASEMENT (43SUS) GENEI~AL NDTES 1) P.D,C. Indicates Point oF Commencement ~) P.O.B. Indicates Point oF Beginning 3) Sec. Indicates Section 4) Twp. Indicates Township 5) ROe. tndtcotes R~nge 6) R/~ indicates Rlgh~-o~-eay 7) AiL distances ore In Feet ~nd decimals thereof 8) Basis oF Bearings Is ~he East tine oF the Section being S.02'~4'00'E. 9) Not voild ~less signed and sealed elih the sec~ oF the proFessiono[ land S~veyOr THIS IS ONLY A SK~CH 10-18-96 43 ISHEET 2 OF 2 330 ~ OFFICE OF CAPITAL PROJECTS EAST TAMIAMI TRAIL NAPLES. FLORIDA 3,3962 (813) 774-8192 PROJECT NO. ~o~zo .o. -. oo~e~oooe SKETCH OF LEGAL DESCRIPTION _(NOT A SURVEY] TE~IPORARY CONSTRUCTION EASEMENT The Notch Half of The West Ten (10') f¢cl of the F,~st 2.5' oftl~ following d~ parcel; the S~h ~A of t~ pm oft~ Ea~ ~lfof S~i~ 2, T~F ~9 ~ ~ 25 ~, CoIS~ C~, R~da, d~ ~ follm's; Cm ~ I~ ~ of ~ion 2, T~ship 49 ~lh, ~ge 25 ~, Co~i~ ~, ~ t~ along the ~ li~ of ~id ~ 2, S~h 2* 13' 05" ~ 15~9.~ fro; ~ Noah ~ 59' Of" W~ 1~.0~ F~ to I~ Weg ~ght ofW~ I~ of Stye ~d 31 ~llling Road), ~ l~ PO~ OF BEG~G o~lhe par~ ~ ~; ~ al~8 t~ W~ ~ ofW~ li~ of State R~d ~ !, ~h 2' 13' 0~" ~ 198905 f~; t~ ~th 8~ SI' 40" W~ 5~.33 f~; t~N~h.2' 13' 05" W~l~.41 f~; t~th 8~ 59' 01" E~S~.38f~lot~OF BEG~G. ~talning ~45 S~are f~ ~e ~ less. (7~ ~ s~ s~ ~ or2 Parcel 43~ B.sis of B~ngs is the ~s~ li~ of S~ion 2, ~in8 S~th 02* 13' OS" ~. L.sid/pag 030 DRAWN HECK[D ~.E NO: REUSED:, P~F£SSK::)NAL L~ND SURVEYOR J240~ .... OFF)CE OF CAPITAL I:~OdECTS COLLIER COUNTY GOvERNIdENT COMPLEX ~.~01 ~ TAMIAMI TRAIL NAPLES, FLORIDA ~.19~ ~- j,,,, ,,o: iSHEET OF t 3301 OFF/CE OF CAPITAL PROJECTS EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 {941) 774-8192 SKETCH OF DESCRIPTION EASEMENT (43TN 587.58' S.89'56'20'W. 500.35' 500.33' s.8g'51', EASEMENT (43TS No~theost Correct of Section 2, Twp. 49 S. Rge. 2.5 E. (43SUN) o Q. EASEMENT (43SU'S) GENERAL NDTES 1) P.O.C. Indlcotes Point oF Connencenent 23 P.O.B. Indlcotes Point O¢ Beginning 3) Sec. Indl¢otes ~ectlon 4) T~p. Indicates Township 5) Rge. ~dlcotes 6) R/~ Indlcotes Right-oF-woy 7) AH dlstonces ~e In Fee~ ond declnols 8) ~osis oF Bearings Is the Eos+ line oF the SeCtiOn 2 s~al oF ~he P~oFesstonal land THIS IS ONLY A SK~CH NOT TD SCALE 10-18-96 43 SHEET 2 OF 2 3301 OFFICE OF CAPITAL PROJECTS EAST TAMIAMI TRAIL NAPLES, FLORIDA 33962 (8 ! .3) 774-8192 PROJ£CT NO. 62031 PROJ£CT PAJ:~C£L NO. leO~IO ~O. 0023~120008 _SKETCH OF LEGAL D_ESCR____I_PTION (N_qT A SURVEY) DRAINAGE, UTILITY AND MAiNTi~NANCE EASEM£NT LEGAL DESCRIPTION The North Half of The East fifteen (15') Feet of'the following de~cn'bed I~rCel; 'f~! p&n oflhe F~s~ hal£ofSectio~ 2, Township 49 South, Ran~,e 25 ~ Cotqi~ County, Florida, described as £oflow~; Commencin~ at th~ Northe~ comer o~'Secfio~ 2, Tc, w~ship 49 South, Range 25 East, Collier County, Florida; th~r~ ~1o~ the Ea~ line of said ~'c~ion2, South 2' 13' 05" E~st !$[9.69 t'ee~; thence No~h I~' 59' 01" Wes~ 100.08 Feet to the Wesl Ri~rl of W~. line of Sme Road 31 (Tulli~g Road), ~ the POINT OF BEOfN"NTNG of the p~cel herein de,ri'bed; Thence along the Wes~ Rig, hl ofWay li~ or'state Road 3 I, South 2' 13' 05" Easl 19~9.05 feet; then~ Soutli 89' 51' 40" West 500.33 f~,~; thence N'onh 2' 13' 05" Wts~ 1990.41 feet thence Soutli 89· 59' 01' EM~ 50038 feet IotheporNtTOF B£GfNNTNG Comaining 14,920 Square feet more or less. Basis ofbearing is the Ea~ fine of Se~icm 2 being So~h 02' 13' 05" "0 SCALE: ~H[CK£O R£VL~ED:_ bRG£ R. RICHUOND' - PROFESSIONAL LAND SUR'V['YOR 12406 r-'" OFFICE Osr CAPITAL PROJ[CTS COLU£R COUNTY COV[RNM[NT COMPLEX SHEET OF 3.301 OFFICE OF CAPITAL PROJECTS EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774-8192 SKETCH OF DESCRIPTION EASEMENT (43TN S.89'59'01' 587.5§' $.Sg'56'20'W. 500.35' s O~ 500.33' S.89'51 '40"W. P,D.C. Northeo~! Corr;er of Section 2, Twp. 49 $, Rge. 25 E. ENT (43SUN) X-P.O.B. EASEIdENT (4.3565) GENERAL NOTES ]) P.O.C. tndicotes Point OF Commencement 2> P.D.B. Indicates Point oF ]Beginning 3) Sec. IndiCO~eS Sec~lom 4) T~D. Indicates Township 5) ESe. Imdlco~es Romge G) R/W Indicates Right-oF-coy 7) AH dlstonces ore In Fee( and dectmots (hereof 8) Bosls oF Deorlngs Is the E~st line oF (he Section 2 being S.02'14'00'E, g) No~ v~lld ur.(ess signed and seoled .l(h the embossed semi oF the P?OFeSstono( Iond surveyor THIS IS ONLY A SKETCH 10-18-96 43 SHEET 2 OF 2 3301 OFFICE OF CAPITAL PROJECTS EAST TAMIAUl TRAIL NAPLES. FLORIDA 34112 (941) 774-8192 IF_GAL DESCRIPTION (NOT A SURVEY) PROJECT NO. 620.31 PROJECT PARCEL NO. 814 TAX PARCEL NO. OoA~4¥,oaa~o,/" LEGAL DESCRIPTIO~ The West fifteen (15') feet of the Eost 115 feet of the following described porcel: The South holf of the Southeost quorler of the Northeost quorter of the Northeost quorter of Sect;on 2, Township 49 South, Ronge 2.5 £ost, Coil;er County, Florido. Southeost Ouorter of the Northeast Ouorter of the Northeast Qucrter of Section 2, Township 49 South, Ronge 25 Eost. PARCEL 814 PROI:'ESSIONAL LAND SUR'VLr'y~ 1112406 OFFICE OF C,U:~ITAL PROJECTS COLLIER COUNTY OO'V~RNMENT CC~PLEX 5`301 E TAMIAMI TRNL NAPLES. FLORIDA $? PROJECT NO. ~,,~/.~ / PROJECT PARCEL NO. 71 FOLIO NO. 00236280005 SKETCH & LEGAL DESCRIPTION (NOT A SURVEY) TEMPORARY CO~ST~UC~]:Off EASEMENT · THE WEST TEN (10) FEET OF THE EAST 125 FEET OF THE NORTH ONE HALF (1/2) OF THE SOUTHEAST ONE QUARTER (114) OF THE NORTHEAST ONE QUARTER (1/4) OF THE NORTHEAST ONE QUARTER (114) OF SECTION 2. TOWNSHIP 49 SOUTH, RANGE 25 EAST. COLLIER COUNTY. FLORIDA, LESS THE NORTH THIRTY (30) FEET THEREOF. .t OFFtC£ OF CAPITAL PROJECTS COtLI[~ COUNTy OOV'EENMENT CO&4PLEX 3301 [. TAMtAM1 'TRAIt. NAPLES FL. 34112 S~'TCH NOT TO ~ PROJECT NO. ~.4! PROJECT PARCEL NO. FOLIO NO. 0023~280005 SKETCH & LEGAL DESCRIPTIOn., (NOT A SURVEY) THE WEST FIFTEEN (15) FEET OF THE EAST 115 FEET OF THE NORTH ONE HALF (1/2) OF THE 8OUTHEAST ONE QUARTER (1/4) OF THE NORTHEAST ONE QUARTER (114) OF THE NORTHEAST ONE QUARTER (114) OF SECTrlON 2. TOWN~HIP 49 SOUTH. RANGE 25 EAST. COLLIER COUNTY. FLORIDA, LESS THE NORTH THIRTY ('JO) FEET THEREOF. ~cE'rcH NOT TO SCALE PROJECT NO. PR FOLIO NO. EL NO. ~ & LEGAL DESCRIPTIO~ (NOT A SURVEY) TEHPORAR¥ CONSTRUL"TZON E~S~ENT THE WEST TEN (10) FEET OF THE EAST 25 FEET OF THE SOUTH ONE HALF (1/2) OF THE NORTHEAST ONE QUARTER (1/4) OF THE NORTHEAST ONE QUARTER (1/4} OF THE NORTHEAST ONE QUARTER (1/4) OF SECTION 2, TOWNSHIP 49 SOUTH, P, ANGE 25 EAST. COLLIER COUNTY, FLORIDA, LESS THE EAST 100 FEET THEREOF (AIRPORT ROAD RIGHT-OF-WAY) AND LESS BOTH THE NORTH AND SOUTH THIRTY (30) FEET THEREOF. O~CE Of' CA~r~,L i~ROJ~CT$ 3~0'1 E. T~ T~IL NA~.E$ FL. 34112 ,, I~ C~ ~ECTO~ 2 ~ NOT TO ~ PROJECT NO. ~ PROJECT PARCEL NO. ~ FOLIONO. 00236360006 - SKETCH & LEGAL DESCRIPTIO~I (NOT A SURVEY) ~D~L.~ DRAINAGE, UTILITY AND NAINTENANCE EASemENT THE WEST FIFTEEN (15) FEET OF THE EAST 115 FEET OF THE SOUTH ONE HALF (1/2) OF THE NORTHEAST ONE QUARTER (1/4) OF THE NORTHEAST Oi~lE QUARTER (1/4) OF THE NORTHEAST ONE QUARTER (114) OF SECTION 2. TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, LESS BOTH THE NORTH AND SOUTH THIRTY {30) FEET THEREOF. O~F3CE O~ C..AI~TA~. FflOJECT$ 3301 t~. T~ii 'r3~AiL NAPLE$ FL 34 ~ ~ 2 SKETC~ ~0? TO SCALE : ~ 3GfN~ M~ ~ ~ Y. MN~ Y.a lP~J[CT PROJECT NO. ~,/ PROJECT PARCEL NO, FOLIO NO. 00236360006 (NOT A SURVEY) ~ ~D~w~,~ D~AINAGE, UTILITY AND MAINTENANCE EASEMENT THE WEST FIFTEEN (15) FEET OF THE EAST 115 FEET OF THE SOUTH THIRTY (30) FEET OF THE SOUTH ONE HALF (1/2) OF THE NORTHEAST ONE QUARTER (1/4) OF THE NORTHEAST ONE QUARTER (1/4) OF THE NORTHEAST ONE QUARTER (1/4) OF SECTION 2, TOWNSHIP 49 SOUTH. RANGE 25 EAST, COLLIER COUNTY. FLORIDA. LESS THE FAST 100 FEET THEREOF ('AIRPORT ROA~. RIGHT-OF-WAY). COMPLEX 3301 E* T).~J~ ~ NA,~ $ FL 34,112 NOT T0 PROJECT NO. ~ PROJECT PARCEL NO. FOLIO NO. 00236360006 ~-TCH & LEGAL DESCRIPTIOn[ (NORA SURVEY) 'I~M PORARY CONS?RUCTION THE WEST TEN (10) FEET OF: TIlE EAST 12,5 FEET OF TIlE NORTH THIRTY (30) FEET OF THE SOUTII ONE HALl: (1/2) Ol: THE NORTHEAST ONE QUARTER (1/4) OF THE NORTHEAST ONE QUARTER (1/4) OF' THE NORTHEAST ONE QUARTER (1/4) OF SECTION 2. TOWNSIIIP 49 SOUTH. RANGE 25 EAST. COLLIER COUNTY. FLORIDA. LESS THE EAST 100 FEET TIIEREOI: (AIRPORT ROAD RIGHT-OF-WAy). NiCO~ NOT TO SCALE PROJECT PAJ~CEL NO. ~ FOLIO NO. oo23~]$oo06 SKETCH & LEGAL DESCRIPTIO,~, (NOT A SURVEY) 51~E~t.~, DRAINAGE, t~ILIT~ AND NAINTENANCE F. AS~T THE WEST FIFTEEN (15) FEET OF THE EAST 115 FEET OF THE NORTH THIRTY (30) FEET OF THE SOUTH ONE HALF (1/2) OF THE NORTHEAST ONE QUARTER (1/4) OF THE NORTHEAST ONE QUARTER (1/4) OF THE NORTHEAST ONE QUARTER (1/4) OF SECTION 2. TOWNSHIP 49 SOUTH, RANGE 25 EAST. COLLIER COUNTY, FLORIDA, LESS THE EAST 100 FEET THEREOF (AIRPORT ROAD RIGHT-OF-WAY}. 3301 OFFICE OF CAPITAL PROJECTS EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774-8192 SKETCH OF DESCRIPTION p~),.~c'r PA,~::LrL NO. _'7'/? LEGAL DESCRIPTION (NOT A SURVEY) -/'7", ,,._ e'" "" Y 0 ,~,.,4, ,.,~+.'..,, ~-.,.,-,,.,-,,.~ LEGAL DESCRIPTIO~ The West ten (10') feet of the East 125' feet of the fallowing described parcel: TNe North half of the Northeast quarter of the Northeast quarter of the Northeast quarter of Sect;on 2, Townsh;p 49 South, Range 25 East, Collier County, Florldo. North Half, Northeast Quarter. Northeast Quarter, Northeast Quarter, Sec. 2. Twp. 49 S., Rge. 25 E. PARCEL 717 125' -,, I00' I 0 I-- o L.M.R. NONE THIS IS ONLY A SKETCH ~2406 COLLIER COUNTY OOV[RNMENT COMPLEX :- 3.301 E TA~L~..Mu! TRAIL NAPLES, FLORIDA 34112 AR-717 SHEET 1 OF 1 0.: 3301 OFFICE OF CAPITAL PROJECTS EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774-8192 SKETCH OF DESCRIPTION PROJECT NO. PROJECT PARCEL ~,-,.,: ,.,.~.._, b.-~,'L; +7 The West fifteen (15') feet of the East 115 feet of the following described parcel: The North half of the Northeast quarter of the Northeast qu<3rter of' the Northeast quarter of Section 2, Township 49 South, Range 25 East, Coll~er County, Florida, L.M.R. North Half, Northeast Quor'ter, Northec3st Quarter, Northeast Quarter, Sec. 2. Twp. 49 S., Rge. 2.,5 £. NONE PARCEL AR 817 THIS IS ONLY A SKETCH 3301 E TA~IAM~ TRNL NAPLES, FLORIDA 34112 AR-817 SHEET 1 OF' ,'1 4/7 PROJECT NO.~ PROJECT PARCEL NO. ~ FOLIO NO. 00236280005 (NOT A SURVEY) THE WEST TEN (10) FEET OF THE EAST 125 FEET OF THE NORTH THIRTY (30) FEET OF THE NORTH ONE HALF (1/2) OF THE SOUTHEAST ONE QUARTER (114) OF THE NORTHEAST ONE QUARTER (1/4) OF THE NORTHEAST ONE QUARTER (1/4) OF SECTION 2. TOWN ~HIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY. FLORIDA OIrFIC~E Ofr CAP~rAL PROJECTS COLLAR ~ OOV'ERNM~NT COMPt..EX 3301 [. T/'J~J~I TRAIl. NAPLES FL 34112 : S.~ETC~ NOT TO SCALE PROJECT NO, PROJECT PARCEL NO. FOLIO NO. 00236280005 (NOT A SURVEY) o A1DE~W-. DRAZNAGE, UTZL2TY AND ~AINTENANCE EASEHENT ~E ~ST FI~EEN (15) FEET OF THE ~ST 115 FEET OF ~E NOR~ ~IR~ (~) FE~ OF ~E NORTH ONE HALF (1D) OF ~E SO~T ONE QUeeR (1~) OF ~E NOR~ST ONE QUARTER (1/4) OF ~E NOR~ST ONE QU~R (1/4) OF SEC~ON 2, TO.SHIP 49 SO.H, ~NGE 25 ~ST, COLLIER COUP, ~ORIDA. Pd~ CC~q SECTION NOT TO ~.,~LE RECOMMENDATION FOR TI~ BOARD OF COUNTY COMMISSIONERS TO CONSIDER AI~ROVAL OF ~ SECOND AMENDMENT AGREEMENT TO TI~ SOLID WASTE COLLECTION SERVICE AGREEMENT WITH WASTE MANAGEMI~NT, I/~C. OF FLORIDA AND AUTIIORIZ~ TKE ~ TO SIGN TI~ AMENDMENT. ~: On June24, 1997(SB2)a~r t~-'v~gthemccessofapiio~programforthem~ of an automaU~ sctndard con~r sys~-m for t~sidential cuffoside w-~ collection, the Board of Com~ Commissioners din~c~ed the following: 1. That the automaled standard container ~ be itnplement~ by Wa.su: Managetn~ Inc. (WMI) throughout Service Ama One with no ndditional collection service cos~ 2. That one additional ycat be ~klcd to the two y~at extension period in th~ franchise agn~mcnt. 3. That the curr~nt collection fee be frozen through the end of th~ extension period (Sept 30, 2000. Tn, at the rates for commercial dumps'ret servic~ be redu<zd by 25 c~nts i~v cubic yard. 5. T~t a ~xts'tomer ~tisf~Jon ~urv~ b~ co~l~ed~ a~ t~e f~mchis~e's expiate, on~ yeax prior to tl~ end of the extension period. Thc ar, ached Agrecmcnt Amcadmem lu~ been prcpared lc formsli~_ ~ Board's dimclion. FISCAL Ib~PACT: No costs lo Collier County for the impl~nentation of the standard container program or r. he change in r~re_~ for con~m~Lal A .,*~-~cer service. GROWTH I~L~NAGFbEENT ~I~ACT: N/A I~COMMKNDATIQ~t: Ttm the Board of Count~ Com~uione~s approve the Second Ame~lm~nt Agr~-m~m to the Solid Wa.~e Collection Service ,4.gr~ment with Wa~e Ma~a&cm~t, Inc. of florida David W. R~s~ll, Director, S~id Waste Date BY: ~r~or X}a~e PUBLIC WORKS DIVISION DWR:nd SECOND AMENDMENT AGREEMENT MODI3:'YING SOLID WASTE COLLECTION SERVICE AGREEMENT WITH WASTE MANAGE~, I~IC. OF FLOR/DA THI~ SECOND AMENDIv/Et, rr AGREEMENT TO SOLID WASTE COLLECTION SERVICE AGREEMENT (herdnal~er "Stcond Amcodmcnl'), is made ~ mm'ed /nlo th/s ~ d~y of __, 1997, by ~nd b~'we~.n the Board of Co~.mty Commi~io~'~r~ of Collier County, Florid~ a political ~bdiv/sion of the S,*te of F]orid~ (herdn~er 'County") W~e Managem~t, Ir, c, of Florich (hereirutfler 'Conwactor"), · Florida corpo~tiou having principal plac~ of bu~/n~ ·t 3831 N.W. 21~ Av~ue, Pompaoo Beach, Florida 33073. This S~cond Arncr, dm~t is to amc'nd a~d ~laxl the ~rm of th~ certain SOLID WASTE COLLECTION SERVICE AGREEMENT, u amended, I:~tween the panie~ emered Lnlo u of the 12th da)' of June, 1990. WITNESSETH: WHEREAS, Cou~r~ and Contraclor entered inlo · Solid W~le Collection Agrcemen! ('hcr¢irmflo' 'Agrcemt'n:') a.s of'the 12~h day of.lm-~¢, 1990; lnd WHEREAS, t, aJd Alp'¢~mem ~,'~ arntnded July 23, 1996 by that Amendm~m Agr~ernem Modif'y/ng Solid Waste Collec6on St-trice Agr~Tnt'nt w/th Waste Management, Inc. of Flor/ct~ and WHEREAS, ~,aid Agrecratm, u amt"nd~d, i, due ~o expire on Sep~t'mlx'r 30, 1998; and WHEREAS, the partie~ are de~irou~ of extending the term of ~ Agreement, a,,nerndcd, until $cpta'nb~' 30, 2001, modifT/ng the r~idcnti~l and comrnercia, l ral~ payable thct~mdcr, and adding ~m 'autcrmaled ca,rC prog:r'~ 1o the t, cop~ of the resident/aJ curb~id¢ NOW, THEREFORE, for and in cottside'ration of the mutual bent:fits lo flow from to thc oth~, the panics herein agr~ a~ follows: ^. Pa.r~&r'~ph LU. ~..:;:~, is hereby a.rnend~d Io rtad M follows: Thc term of Ibis Agr~ernem sh~ll I~ for · period of time beginmng on the fir~ day of the month following execution of this Agru:m~nL md mminatins on September 30, 2001, ~ c~led ~ 'F. rtmsion P~od.' D~rifl~ th~ ~rm of this Agrcernent, Contr~-wt will provide ~olid w~s~c collection ~r'vices including: r~sidentiai collec~on service~ cuffoside recycling collection service and herein for the dm"~on of this Agr~:n~mt as exle~led, her~o¥ the ~ion Period. This ~ion Period sh,tll be further ~'te~xied for c~e (1) two-year period (h~rdn r~fernxl ~ a~ "Additio~ Extension") on the same terms snd conditions ts's~ forth hen'~4n urd~s one par~y ~ives 12he oth~ pa~y a wnncn notice of non-r~-p.:~vnl no ~arlJer ~ Januan'y I, 2001, and no l~ter than May 1. 2001. The pa~ties r~co~.e that this A~ment, ~s amended, r~nains subject to (future) r~n~goti~or~ ~'x~ension~ or t~-,imtion as pmvi~led t/e~4n. 9~-O'} -~ ! follows: ~bsecfion H. Paragraph 1., I~,,fillilJ~, Item Ca(]., ~11~. is amended to read ts A Standard Container shall mean: (i) · standard Wute Manager Cart, provided by Contractor for residemial service with appmvad of the County', (ii) · bear3, duty. s~curely tied, pl~ic bag designed for use as a gmbage receptacle. Any receptacle, including wa.sst rnateri~ls shall not exceed thirty-two (32) gallons in capacity or fifty (50) pounds in weight, excep~ for the aforementio~d Waste Manager C~.s. Paragraph 2., ' ' , is amended by the addition of as follows: H. The County has su~orized and the Contractor will implement, as soon as l:n-aclicable, aa automated cart pro,-am, the Was~ M~m~g~ C~n Pw~m. A Waste Manager Cart (h~einafler referral to ss 'Call"), in one of Rune ·tandatd sizes, will be provided to each residential curbside customer de,ring said service. Except as provided berdrafler, each existing sad new residential curtnide customer sh~]l be pwvided one ~ ~Jlon C.~n ·t the sole cos~ ~d e~nse of Conmsctor. Con--or shall make one exchange (to a 65 gallon Carl) at no ~ to each residential curbside customer desiring a ri'nailer Cart. The standard site for residential neighborhoods will be 96 gallon C. ana. Thirty-6ve (35) gallon Cans will be offered to age-rest~cted communities on · community-wide basis, at~ in other special circumstances, as d~erminexl by the Contract Admin. i~'ator after consultation with Conu'acwr. The Contractor will use all reasonable efforts to implement the Waste Manager Can Program as soon as practicable, a~l it is the expectation of the parties that the same can be implemented within 270 days fi'om execution of th.is Second Amendment. All Carts shall remain the property of the Contraclor. Contraclor shall be responsible for repair or replacement of Carts in need of repair or replacement due to normal wear and tear, defects, or damage caused by Contr~tor's equipment. Thc residential cu.rbside customer shall pay for replacement of any Cart lost or reptir or replacement of any Cart dan-aged due to negligence or abuse wkile in possession of s&id customer. The price of said replacement Can to the customer shall be thc Contractor's actual cost at the ume of replacement, plus · $5.00 delivery charge. D. Paragraph 5, ~, is amended only as specifically provided herein. Thc Rcsidemial, Commercial and Recycling Rates as set forth in ptragraph 5.A., ~ tmended by the following changes to Exhibit 5 attached to thc Agreement: Exhibit 5, 1. COMMERCIAL RATES, is hereby amended as follows: Each commercial customer who uses dumpster service shall havc a rate adjusmamt to reflect a S0.25 per loose yard reduction. The ra:e adjustment for compacted dumpsten is calculated by dividing the collection fee for comp-.cted conta, ina's by thc collection fca for loose yardage containers of tbe same size and frequency, then multiplying thc resulting ratio by $.25 to m-rive al tbe per yard reduction raze. Thc maw rates will become effective starting in the month following thc execution of this Agreement. The CPI rate adjusvnent provided in ?a. ragr~ph $.III.BI of Exhibit ~ will continue for each yeax during the cxtc~sion of tkis Agreement, commencing on October I, 1997. (Extfibits "A" ~d "B' attached h ,e~.~ for illuslnuicm, a~'-.. c~lcul~tion.) ,$.~.~, ) ~ ~ ~_,' , !. * 2. E~d~bi! $, ri., R..~rD~ I~,TES, i~ ber~b¥ ~,mmded u foll~: ~all ~ntinue ~ eff~t d~ng ~e Ext~ion S~ond ~l; ~fo~, p~h HI.~I. of~d ~bit 5 is null ~ void ~ng ~d Ex--ion Pt~. By way of ill~o~ Redd~ti~ C~dde ~lid W~e ~d R~ling Coll~ for ~ a w~k ~ll~fion is S6.50/mon~'~t. ~s ~11 col]~on ~nion of ~t ~ d~ng ~e t~ of exlcnd~ h~eby, ~ ~ ~II ~ ~ aul~ic ~j~ ch~g~ ~ ~c Com~ ~ce ~. P~h ~.~1. of~d E~bil 5 shall ~ ~ ~[1 to~e ~ eff~t d~g ~y ~fi~ ~i~ ~t~ h~d~, ~ ~e ~ ~j~t m of~ I, 2~1. 40. ,~. Approximaz¢ly twelve (12) re<ruths and no taler than nine (9) months p6or ~o the terminazion oftl~ Agreement u extended herd~y. Contractor az its sole cost ~ expense, ~/mli conduc~ a survey o£ the then satisfaction with the service md me, for solid waste collm'fion in Collier County. The qu~.ions contair~ in ~ na'v~ sh~dl be spprcrv~d in ~vmc~ by ~h~ Count, acting by ~md through t.~ Contr~ Admiigstr'~. T~ r~ults of survey shall be provided :o ~ ~ty no laler th~ six (6) months prior Io the expiration of the term of the Agr~'m~m! as ¢~'.tend~xl berv. by. F. Except ~s sp¢cjfic~ly arnend~xi h,'a'~by, the Solid Wmie Collection Agr¢~n"nent, as arntmd~x:i, shall r~main in full force ~ efl'~ct during tbe ~ of 0'~is The parti~ hm'~o hereby affirm th~! the Agr~¢nt, ~s sma~d~d, is pr~'amlly v~lid ~torce. abie, and there ar~ no outs'm~ting bt~ches or defaults by ¢ith~ party h,~'~o. IN WITNESS WHEKEOF, thc panie~ h~'lo have cam Ibis Ai~'~m~mt ~o be ex~l~d by ~he r~:~ec6ve authoriz~ r~:~st'mativ~s ~s of the d~¢ fir~ above wrinen. DATED: AT'r~T: DWIGHT E. BROCK, Clerk As ~o County: BOARD OF COUN'T'Y COMMISSIONERS OF COLLIER COLrNTY, FLOP3]DA By:. By: $~ JAMES A. WATER.~, Vi~ Prmid~m (2) (COIU~I~T~ SEAL) form md David C. W¢~lel ~..~'~ Co~ A~y EXECUTIVE SUMMARY REQUESTING CATEGORY ~C~ TOURIST DEVELOPMENT TAX FUNDS FOR A PROPOSED IN-LINE SKATE PRO TOUR WORLr~ CHAMPIONSHIP TO BE HELD AT THE EAST NAPLES SKATEPARK IN OCTOBER OBJECTIVE: To determine if Collier County will provide funding for the Aggrieve Skate Associ~on (ASA) Pro Tour World Championships. CONSIDERATIONS: The County Commission on September 9' approved the use of the East Naples Community Park as a location for an in-line pro tour world championship. The event would be held at the County's new skateboard park (the S~ctuary), which is r,.heduled to be completed on September 20'. The ASA is requesting $63,000 in TDC category "CY' funds in order to hold the event. In return the event will be broadcast during four hours of prime-time on ESPN and espn2, and will produce a minimum of 600 area hotel room nights. In addition, skaters from over 20 different countries including Australia, Peru, Brazil, France and Germany, to name a few, are committed to attend. The value of the media coverage for the event is over $600, 000 (see attached). The television audience in the United States alone is projected to be over 4,250,000, which does not include the international audience as the event will be broadcast to over 170 countries around the world. "Street" and "reft ramp" skating available at The Sanctuary are extremely popular as alternative recreation. When marketed to U.S. and European visitors, the 3ports availability will be expected to increase the appea3 of the area to families. In addition to golf. tennis and fishing teenagers and parents will learn that Naples is a destination with recreational opportunities for everyone in the family. From a local perspective, the park was built for area teens, mhd the event will be free to the public. As a result, all local teens will have an opportunity to see the very best skaters from around the world. The business community locally should benefit as well, as skaters, who for lack of a place to skate, are continually Lq conflict with the area businesses. The instant exposure and resulting popularity of the Sanctuary should bring the teens away from the business districts tcx the park instead. The event will also provide instant media coverage for the new park and holster its revenue-producing potential. The concessionaire contracted to run the park will experience immediate benefit from the coverage and in turn the County will benefit fi.om increased concession fees. Agreements will be executed that will allow the County to realize a share of profits from all food and beverage vendors on site for the event. Local q~onsors are also being pursued and ea~ will also provide contribution to the County in order to participate in the event as well. All disbursements of tourist development funds wiZl be for promotion and advertisements in accordance with ordinance requirements. Expenses will include payment for the production of the television footage for ESPN, which is produced by ASA in-house. The SEP 16 1997 ASA has ligned contracts with ESPN for the broadcasl of the event, as it has for the other pro tour events held earlier this summer. Expenses will also be used for the production of promotional materials and actual advertising of' the event. All expenses will be paid on a rein~bursement basis only, with submission of invoices in advance for staff review and spproval. The item is being presemed st a special meeting of th~ tourist development Council. However, as this ~ummary is written before the ~ meets, no recommendation is avsil~ble. The TDC recommendation will be provided to the County Commission as it becomes available. Should the event be spproved and receive tourist development tax ~pport, funding and County facility use agreements will be drdted th~! will include ali of the necessary insurances, hold harmless clauses, and some revenue sharing with the concessionaire operations. GROWTH MANAGEMENT IMPACT: None. FISCAL I~IPACT: As outlined above the event would require $63,000 in tourist development tax dollars, and an estimated $6,000 in goods and services from the County. As most expenses will likely be paid at the end ofthe FY 97 budget year, an amendment to the Parks operating budget will be required for $6,000. Some or all of this is expected to be recovered from sponsorship agreements. RECOMMENDATION TIIAT THE BOARD OF COUNTY COMMISSIONERS, approve a request for ~3,0oo in category "C" Tourist Development Tax funding, authorize a budget amendment from general fund reserves for the $6,000 for in-house expenses, waive the normal EMS charges for an on-site ambulance and direct staff to wcrk with the ASA to host the event. Th~W~ -~lliff~-l~ l~.~er~ces Administrator APoT . e u cl a n I i ite T :.Ev s o :N 'ORM/CnON - Network: ESPN ' Ne4work: espn2 Coverage: 73 mil HH Coverage: 50 mil HH Est. Avg,. NTI: .6 Est. Avg. NTI: .7 E-q. Avg. Share: 1.5 Est. Avg. Sham: 1 Est. Avg. HUT: 38.5 Emi. Avg. ~'T: 49.5 HH Rc.~cI',/show: 438.000 I-~"Reach/show: 350,000 Avg. Cost/:30': $6,000 Avg. Cost/:30~: $2,500 ASA Pro Tour shows rate approximately 35% highcr thah ESPN's average rallng during thc ASA's scheduled daypaas. Thc coral ~umb~r of viewers exI~cted to ~e the ASA ~o Tour's Naples lho~ b ~.291.392 in the US ~one. Globally, ~'6bgh ~mt numar is stall,richly v~ d~cult ma~ure, it should exceed the si~ of ~e US audience %eH-fold. ~se num~ ~ n~ include ~e domestic ~x~su~ on ~ or on a l~al network ~filiatc, which h~ not ~en de~crmincd. IN-BROADCAST VALUE OF TELEVISION EXPOSURE"' Telc.l.,on E×posun:l - $96,000 $40,000 Tclev,.inn Fealurc:: $48,000 S20,000 Total Value o1' ln-Droadc~t Exposure (US' Only): Total Estimated Value of International Television Exposure: $204,000 $408,OO0 · Thc ahuvc values ~'¢ based nn Jnyce Julh~ Igl~ .'~sgcill¢a' ~V ~at~unal Tclcvi~iun Im~ion Value} zu~u~. ~ measmc~ th~ Host Si~'~ ~levi~in~ expos~c, equating I~ numar m~ numhcr O( )repressions to Iht co~l ~t :30 s~ond unit advmisipg talc for each of Ihe events I' Thc average amount of amc ~at ~c Hosl Site ~civ~ via audio or visual iden~ca~on m un ASA Pro Tour broadcas[ is approxima~ly four minutes (4:~) ~r hour. ]: V~u¢ o[a one m~nulc (]:~) fcatur~ highligh~ng Naples Jn[o Four ASA Toar bro3dc~[~. PRINT, RADIO AND MULTI-MEDIA ADVER .TISING VALUE Est. Ncw.~papcr Advertising with Naples Me.qLion~: Est Radio Advertising and Promotion with Naples Mentions: Exposure in ~he ASA Pro Tour Home Video: Exposure on PromoHonal Mat,'ria. ls for ASA Pro Tour Cha-mpionship~: Web Site F×posur¢ on the ASA Site: ]~clusion in ',he Naple.~ Event Supplement: inclusion in all nationaJ and international ?mss ~zcri~Js: Est. Residual Fxposurc in o[her forms ol'prin~ ~d clccu'onic m~i.: Est. Residual Exposure in the l'~tur¢ film being m3dc ibou! the ASA: To~l Prinl, Radio and Multimecli~ Ydue: ITOT___, v^CU ,c s'r SS'S: ....... $30,000 S20,000 $14,000 $6,OO0 $12,000 $3,000 $10,000 $20,000 $40,000 $767,000 ~ TIlE ASA PRO TOUR WORLD CHAMPIONSHIPS D~TE: LOCATION: October 11-13, 1997. Naples, FL at S~nctu~), Pm'k. The event is being held in conjunction with thc 's N ' a i ' ~a.qwell. TIMES DESCRIPTION: PARTICIPANTS: 9:00 AM - 10:00 PM Pro V~ Skating Pmlirns and Finals (Mca anti Women) 9:00 AJvl - 2:00 PM Amateur Pert Prelims and Finals (Men and Women) 3:00 PM · 9:00 PM Pro Street Skating Pre]im.q and Finals (Men and Women) 1 I:00 AM - 5:00 PM ~'ngteur Strict Prelims and Finals (Men and Women) For ~e past thr'e~ yea.rs, inline skating has been thc t~stcs~ growing ~port in the world. As p~t Of its phenomenal development, a new di.,tmplinc calk.-d aggressive skating (or trick skating) h~ taken thc globe by storm and become the lop growth trea in the sport. The ASA Pro Tour is tl~ competitive cirraht on which the world", top skgters compete. 'r'be ASA features sixteen pro evcnt.q in 199"/and include., thc well-known X Games prol~rty on ESPN. This event, whjgh is the World Ch~nrfionshipx of thc sport and the biggest vg.z.t.al_/g_.t,h!j&9.ri. Lt.hi. tL9~. will feature the top nggn:ssive skater~ in the world compeling for the individual and team ch,,mpion~hips on thc prestigious ASA Pro Tour. Approximately ?0 skaters, both male and female, will compete based on their final rankings throughout the year. In addition, the top 70 mmaleur skaters in Noah America will compete in the ASA's Amateur Chtmpionships to determine the individuals who qualify for the 1998 ASA Pro Tour. Thc~e top amateurs will be invite, xl to compete b~.sed on their results on the 57 city ASA Amateur Circuit. COMPETITIONS: Thc athlete.q compete in two discipline~: vert skating ~d :~eel style skating. There is both a men's and a women'~ division. PRIZE MONEY: TEL£VISION: ATTENDANCE/: TICKET PRICES: RESIDUAL EXPOSURE: MANAGEMENT: $30,000 in cash plus prizes Thc pro event will be televised nationally in thc form of Four (4) one hour shows on ESPN and ~pn2.in l:h'imc.Timc. MTV will Ix covering the Amateur Championships ~s an MTV Sports special. The Pro event will aNo be telexas~ internationally to more than 170 countfie~ around thc world. The event i.~ expected to aftra! approximately 25,000 spe4:t,qor.~. Tickets free of charge. - ~h m ' ' and a gmat deal of the shooting will oc.x:ur during thc Naple.,t event, tn addition, every inline and "extreme sport~" publication will be covering this event, ~ thc reaidu~] exposure for the host site will be mbstanfial. Bec,,u~e thi~ twcnt i~ the largest in the sporfs h/story, thc global m~ia coverage will 1~ enormous. The event is manag~ and opera~ex:l by ASA Pro,nits, the production arm of the Agg'~ssivc Skaters ~iation (ASA). The ASA is ~ Body that over.es the sport of aggr=ssive skating on a global b~Ii.':$~.t~ ASA PRO TOUR Advcrti.~ing and ~omodon $caff6lding/Decks Tent Tops (includes rain contingency) Trucking, Enhzmcc. ments to the oa~k's equipment (h&lf~pe & rails) S~a~ing Site enhancements Travel Ho~cl~ Shu[llcs ~roducdon Tr~lcr Enhanccmems m TV Production (sound & steadic~) TOTAL $15,000 $15,000 $10,000' $3,000 $3 ,O03 $;5:000 $6,000 $2,000 $2,000 $1,000 '$1,000 $2,500 $73,500 Thc ASA Pro Tour rcquc~scd only 563,500 because r~in con~ngcncy muncy m.y nut be PROJECTED HOTEL ROOM NIGHTS NEEDED ]0/6 1t¥7 1018 10/9 ~ ~(Y]! ~ ]0/1] 10/14 10/15 ? 10 15 15 100 15,0 150 120 25 7 SEP/~ ~97 EXECUTIVE SUMI~L~RY APPROVAL OF AN INTE~AL AGREEMENT FOR CITY-COUNTY BEACH PARKING Objective: That the Board of County Commissioner~ con, der the three-year intertoc~ agreement for City- County be~=h parking. Consideration: On October l, 1996, the Boaxd authorized staff to re-negotiate the intedocal agreement for City-County Beach Ptrkin8 which, expires on September 30, 1997. Thc current three year agreement effective October 1, 1994, states that the County pay an annual remittance to utilize City beache~ in the amount ~e~ agreement, the Coumy submitted pwpmmt in the anxamt ~ $1'/2,917.50 fo~ FY 96-97. The attached prOlX~ imerlocal agreemem for City-County Beach Parlcin$ (attaf. Amem 1) ia relatively similar to the previous agreement with one exception: the City is requesting an annual remittance in the a~oum of $218,105.03 plus the change in the Consumer Price Index for es. ch of the three years, a $40,000 increase. (The 5218,105.03 figure is based on a three percent Consumer Price Index increase fi.om last year's sum of $172,917.50 plus the S40,000 increase.) This ~an'uner the City Council voted to remove metered parking from the main lot at Lowdermilk Park. Removzl of the meter~ Lncreases the availabfl~ of parking spaces for both C~ a~l County resJde~ with beach ~ in revern.,e according to a letter (attachment 2) sub.ned to s~affdated August 4, 1997. Furthermore, the letter communicates that their beach pcrrrdt tracking ird'ormation indicates that 80% of all permits issued a~ to rmidents of the unincorporated area and that vehicles with County beach parking stickers ac, count for 8~A of the permitted vehicles using Lowdermilk Park. Utilizing this int'ormatio~ the City Council approved the intcrlocal agreemcmt with an increase of $40,000 in the payment made by the County, or 8~/~ of the tot~] $50,000 revenue loss at Lowdcrm~lk Pa~'k. AJthough the irdtial issue regarding insufficient par~dng within the Lowderm~lk Park wu raised by City residents within Coquina Sands, the solution wiJl actually provide 8l additional spaces that will be reserved for permit pa~idng whether County or City. In a follow-up na~thng with the City gaff after the agreement was already approved by the City Council, an amendmcm was proposed that would guaramee that City ~d Coumy residents would be provided a minimum number offi.ee beach parking spaces for the life of the agreement. The language found in paragraph seven (7) of the atta~ agreement re. ads: "For the term of this agreement the City agrees to provide at least 1,156 free parking sp~ces located at street beach ends or City Beach Parks that will be available for vehicles of County residem$ with valid beach parking stickers. These spaces may be metered, re. tiered for permit parking or ha.,xticapped parking spaces as determined by the City but will be made equally available at no cost to City or County residents," The staff felt that g~ven the previous approval and intent of the City Council that this type amendment could be ac/compLished without reconsideration by the Council. If approved, either party may terminate this agreement for either the second or third year, FY 99 and FY 00, with written notification at least ninety days prior to the start of the Fiscal Year. Fbeal Impact: If the current proposal is approved, the County dutll remit to the City the amount of' O ~S, lOS.O3 p~ ~ c~tnse in ~ ~ Price tnd~ n'om Octot~- 1, 1~ to Sept~ 30, 1~97 rot FY · ~er, the County shah pay $218,105.03 plus the Consun~ Price Index for each ofihe two rern~ir~ng years office ~reetne~ measured by the 12-month change ~n the unadjusted CPI October through Septertd)er ~y. There is $185,400 budgeted in FY 97/98 for this remittance. Approval of ~his proposal vould decrease General Fund (001) reserves by $32,705. Gn~th Mnnagement: None Recommendation: It is recommended that the Boacd of County Commissioners approve an Intertoctl A~reement for City-County Beach P~rkinl~ and consider the addifion~l $40,(XX) contribution for the revi~ons nade to Lowdermilk Pgk. Reviewed &~d Approved by: $olm ])unnuck, Operations Coordinator Depamnent of'Parks ~nd Recreation Maria Ram~-y, Dir~-'tor ~// Department of Park~ ~nd l~(creation Date Date: Reviewed and , '"",,/-'"-----,, Division of Public Services Da, e: q. 4-q.7 INTERLOCAL AGREEMENT FOR CITY-COUNTY BEACH PARKING T/lIS AGR.E~MENT, made and entered into this ~ day of 1997, by and between the CITY OF NAPLES, a municipal corporation, hereinafter calle~ "City" and COLLIER COLrNTy, hereinafter called "County", to provide for the maintenance and operation of the beach areas and related parking sites within the City of Naples and to provide for the County to pay a portion of the expenses to provide for beach maintenance and fi'ce parking for Collier County residents. and WITNZ$ SETH: WHEREAS, the City has built and maintained the beach area and related parking sites; WHE~AS, the County desires to provide for continued free parking for all County residents at the beach area and related parking sites within the City. NOW THERE, in consideration of the mutual covenants contained herein, the parties hereby agree as follow~: 1. A certain number of pa'king spaces at each beach end will be reserved for permit parking and will not be metered. 2. The City and the County have implemented a reciprocal beach parking program whereby all residents of Collier County may obtain, at no charge, a beach parking sticker valid for free parking at any County beach parking location and at any City beach parking location. The City agrees to maintain a program to distribute beach parking stickers to all County residents at no charge. County agrees to aupply City with beach parking stickers for distribution at no charge to City. 3. The City will operate a beach patrol and maintenance program to provide for beach and beach parking regulation enforcement; beach and beach parking cleanup and beach and beach parking maintenance. 4. All expenses and revenues for the beach and beach parking program will be accounted for as separate funds of the City in accordance with generally accepted accounting principles. $. In return for fi.ee parking permits, regardless of the number issued to County residents, and for beach maintenance services by the City, as described in Paragraph three of this agreement, the county shall remit an annual payment to the City. The payment ~mount for Fiscal Year 1997-1998, begirming October 1, 1997 ~nd ending September 30, 1998, al'mil be in the amount of $218,105 plus the change in Consumer Price Index (CPI) fi.om Octol:mr l, 1996 to September 30, 1997. For Fiscal Years 1999 Md 2000, County shall pay to the City the amount of the Fiscal Year 1997-1998 payment plus the amount of the annual change in_the CPI S EP I 6 1S.q7 for each of the two years, measured by the 12 month change in the unadjusted CPI October through September annually. 6. One-half of' the amount payment due shall be paid to the City not later than November 1 of each fiscal year. The remaining one-half shall be paid not later than May I of each fiscal year. 7. For the term of this agreement the City agrees to provide at least 1,1S6 free parking spaces located at street beach ends or City Beach Parks that will be available for vehicles of County residents with valid beach parking stickers. These spaces may be metered, restricted for permit parking or handicapped parking ~paces as determined by the City but will be made equally available at no cost to City or County residents. Il. City shall provide annual budgets ar~d annual financial reports to County each year as soon as reasonable after publication. 9. Either party may terminate this agreement for either the second or third year, Fiscal Year 1998-99 or Fiscal Year 1999-2000, with written notification at least ninety days prior to the start of the Fiscal Year. WITNESS WHEREOF, the pazfies have set their hands and seals tkis __, 1997. day of ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Deputy Clerk BY: Timothy L. Hancock, Chairman Approved as to form and legal ncy: ~ Thomas C. Palmer Assistant County Attorney ATTEST: Tara Norman, City Clerk CITY OF NAPLES BY: Bill Barnett, Mayor Approved as to form and legality by: BY: City Attorney I SEP 15 E M APPROVAL OF CONTRACT FOR GOVERNMENT PROJECTED SPACE NEEDS ASSESSMENT ANALYSIS, RFP # 97-2658 ~D.~:I~: To approve RFP ~97-26511 for Government Projected Space Needs A.sses~ Analysis to Spillis Candela & Panners. l~l~~Q.~..~: On May 27, 1997 the Collier County Board of County Commissioners voted to authorize staff' to negotiate with the top selection, Spillis Candela and Panners for government projected space needs assessment analysis. The original iment was to phase the project into two (2) phases, but further investigation showed that the information gained in both phases was necessary to complete the proposed DRI for any future Government Center Expansion. The contrac~ will be completed in five months and will include the following scope: I. Analysis of all existi,~g facilities and space to include Constitutional Officers, Judicial, Federal and State offices, the Main Complex and Development Services. 2. Construction of space plan for current ne~xls. 3. Construction of space plan for furore years - 5, 10, 15 years. 4. Redistribution of space for economy. 5. Best use of currem vacant space. 6. Current and future needs relating to Sheriff's administrative space. Coordination with the "Integrated Corrections Strategic Development Plan" developed in 1990 ( presently being updated) will be necessary. 7. Review County space standards and make recommendations. Potential development of additional floors on existing structures and/or developmen! of new 9. Parking decks, their justification, placemen! and estimated cost. 10. Chiller/electric plato expansion. 11. Recommendation ofcornmunication utilities ( fiber optics, cable etc. ). 12. Recommendation for all underground utilities (water, sewer, chilled water, etc.) ! 3. Review established costs/SF for new construction and renovations and make recommendations. 14. Furnish pertinent information necessary to complete the DRI forms. 15. Other space conswaction costs estimates and studies as directed by the Contracl Officer. The atudysis will also irw. lude the cost to implemem each recommendation including estimated cost of new construction, renovations, additional floors, acquisition of other properties, estimated cost of ali utilities necessary to service the recorca'neadations and all costs related to the implementation of the project. A pa.vmem schedule is being proposed as follows: Five (5) equal paymems distributed momh]y withholding the final payment until the ting report is accepted by the County. Executive Summary Cont. Proj~'ted Space Needs P~ge Two FISCAL IMPA _C~_: The total co~ of the Space Needs Assessment Analysis is $216,000.00. A budget amendment will be required to transfer fiands from the Capital Fund (301) Re~ervea, 301-919010-991000, to the Space Allocation Study project, 301-120435- 01801. This wil/increa.~ the total project expense, forec, an in the fund for FY 97, resulting in corr~pondin8 decrease in budgeted carryforward for FY98. Thi~ decrease ia FY98 carryforward will be offaet by an increase in the transfer from the C~r~ral Ftmd (001) in the FY 98 budget. This was approved by the BCC at th~ first budget public hearing on September 3, ] 997. GROWT~ MANAGEMENT 12~PAC~: The Irfformafion obtained from the study will be utilized lo complete the DRI application necessary for future Government office expar~on on the main campus. ILECOblMENDATIQN_~: That the Board of County Commissioners approve the attached budget amendment and authorize the Chairman to ~ecute a contract with Spillas Candella and Partners Inc. after review by the County Attom~'s Office. PREPARED Byjfick Crognale, Consu~ction Manager /Department of Facilities Management REVIEWED BY:~~ Department of Facilities Menagemem DATE: Stephan~Y'. Carne~, Director ~rel~n~ ~t Support Services Division ' ,./ BUDGET AMENDMENT REQUEST -ND TITLE Co. Wide Fscliltles FUND NO. MI ~ BCC ~en~ date It~ No. [ {f pr~ously approX. ~PENSE B~GET DET~ Bldg. F Renovations 1~35 [Cost Center Tide St~udSpsce Allocation No. Expenditure O_0_~ect Code 631403 Expenditure Title Engineering Fee-Other Architectual Engineering Fees Increase 216,000 Current 0 Robed 216,000 TOTAL 216,000 Reserves ]'[919010 Cost Center ~fle~ [Co~t ~=ter No. ~N/A ]~00000 P~o'ect T'ffie Pro'ect No. Expenditure Object Code 991000 Res. For [[ I SEP I S ~ I REVENUE BUDGET DETAIL Cost Center Title Cost Center No. P~'ect Titlc P~ro'ect No. O_.~.ject Code Revenue Title TOTAL Current Revised EXPLANATION Why are funds needed? To award RFP ~)7-2658 for Governmev. t Projected Space Needs Assessment Analysis to Spillis Candela & Partners. The analysis will include recommendations for new construction, renovations, etc. per attached Executive Summary. Where are funds available? Funds are available in Re~er~e~ For Contingencies. REVIEW PROCESS Cost Center ~ minbtrator: - ~- ' - ' ~rtment: ~ ~er: Finance De__partment: Clerk of Board Admin.: B.A. No.: EXECUTIVE SUMMARY TO APPROVE THE INTERLOCAL AGREEMENT BETWEEN THE COLLIER COUNTY AND THE OCHOPEE FIRE DISTRICT, ISLE OF CAPRI MUNICIPAL FIRE SERVICE TAXING DISTRICT, MARCO ISLAND FIRE CONTROL AND RESCUE DISTRICT AND THE CITY OF NAPLES POLICE AND EMERGENCY SERVICES DEPARTMENT. ~BJECTICE: That the Board approve the interlocal agreement that has been developed to bring the Marco Island, Ochopee and Isle of Capri Fire Control District as well as the Naples Police and Emergency Services Department in compliance with Florida Statutes; ChapJer 401.35. ~;ON$1DERATION, On July 1, 1993, the State of Florida passed legislation, (Chapter 401.35 F.S.) which outlines that all first responder agencies, who are not associated with a licensed medical provider, to enter into a Memorandum of Understanding (MOU) with the licensed EMS Provider. With the execution of this interlocal agreement, the medical professional standards of patient care & medical equipment, quality assurance & medical documentation as defined by State of Florida EMS Office and the Collier County EMS Department es the licensed medical provider, will be achieved by the Marco Island, Ochopee and Isle of Capri Fire Control Districts as well as the Naples Police and Emergency Services Department. FI_.~SCAL IMPACT: Memorandum of Understanding funding and revenue breakdown. Fund 490-144641 144 Program Exp. 48,176.80 146 MIFD NP&E D Fire Dept Rev 347.41 3,575.20 12,149.22 13,104.97 Total 48,176.80 347.41 3,575.20 12,149.22 13,104.97 Inter Dept. Rev 3,922.61 Fire Dept Reimb 25,254.19 Carry Forward 19,000.00 Total 48,176.80 .~ROWTH MANA(~EMENT IMPAC'rj None -RECOMMENDATIC~N~;: That the Board of County Commissioners approve the Inter local agreement between Collier County and the Marco Island Fire Control and Rescue District, Ochopee Fire Control District and Isle of Capri Municipal Fire Service Taxing District as well as the City of Naples Police & Emergency Services Department. A sample agreement is attached ( Ochopee & all other agreements are available for review in the Support Services Administrativ t,l~s. SEP I$ L,3<j7 ~ REVIEWED BY: ~_~ _°~l~eXAguj lef'e~,nT't raining Commander · Diane Flegi 01~ef Emerge.%-,y Services D~partrnent eo Ocha, .Jr.. Ad~ini~d-ntor Support Servi?,~©ivi~ion O^T~: ~/~7 ~TERLOCAL AGREEMENT THIS INTERLOCAL MEMORANDUM OF UNDERSTANDING dated this ~f./~-~ day of ~, 1996, by and between Collier County, a political subdivision of the State of Florida, hereinafter referred to as "County" and the Ochopee Fire Control District, created byCountyOrdinanceNo. 75-6, as amended, hereinafter referred to as "Fire District.. WHEREAS, this Agreement is being entered into between the County and the Fire District for the purpose of establishing dispatch protocols, rules and responsibilities of first responder personnel in an emergency scene and the documentation required for patient care rendered pursuant to Section 401.435, Flcrida Statutes. NOW, THEREFORE, in consideration of the the mutual covenants provided herein an~ cther valuable consideration, the parties agree as A. DISPATCH PROCEDURE: Since the Fire District operates on Collier County Sheriff's Office channel 4 (control), the parties shall operate under the existing Collier County Sheriff's Office dispatch procedures which are as follows: See Exhibit "A" attached. B. FIRST RESPO~!DER QUALIFICATION: To be eligible to perform as a first responder, an individual under the employment of the Fire District must (a) successfully complete at a minimum SEP 1 1979 U.S. Department of Transportation First Responder training course. (Proof of course completion is required): and (b) successfully complete an AHA CPR Basic Life Support Course C or ARC CPR Basic Life Support for professional rescue. (Proof of course completion is required). C. FIRST RESPO~IDER RULES AND RESPO~;SIBILITIES: All first scene is safe, :¢ill begin patient care, if needed, following the guidelines set forth by Dr. Robert B. ToDer, M.D., (the "Medical Director"). A copy of the guidelines is attached as Exhibit B. 1. A quality assurance program %~ill be conducted by the Collier County Basic Life Support Coordinator (the "Basic Life Support Coordinator,') and Medical Director on a monthly basis using the computer hardware, software and run report form identified in Exhibit C. Run Repcrts and the appropriate computer hard:;are :~ill be the responsibility of the Ochopee Fire District. 2. The Basic Life Support Coordinator will conduct a three-parl quallty assurance revie~/: a. 100% quality assurance review using specially designed computer software developed by the Emergency Medical Services Department and the County's soft~are company. b. Individual run report review by Basic Life Support Ccordinato[ or Medical Director. -2- AGEI~A ~I'EM S EP 16 c. Field evaluation where the Basic Life Support Coordinator and/or the Medical Director randomly respond to calls without notice to t~e Fire District. If the computer program determines that their is a deviation from the procedures and guidelines attached in Exhibits A and B, the Basic Life Support Coordinator shall complete a quality assurance worksheet in the form of Exhibit D. 3. The quality assurance worksheet classifies quality assurance concerns in the following categories: Level 1: Constitutes a serious breach of protocol and/or has a neqnt:ve impact on the patient's prognosis. All Level 1 concerns will be reviewed by the individual firefighter together with the Basic Life Support Coordinator. The Basic Life Support Coordinator and the Medical Director shall assure that the individual firefighters receive additional training and education. Level 2: Constitutes a breach of protocol which had minimal or no impact on the patient, but would be considered poor clinical treatment or decision making. All Level 2 concerns ~ill be reviewed by the individual firefighter together with the Basic Life Support Coordin~tcr. Tt~e Basic Life Support Coordinator and the Medkcal Director will assure -3- SEP 16 the individual firefighter receive additional training and education. Level 3: Constitutes a minor protocol deviation. All Level 3 quality assurances shall be considered minor and shall be handled through confidential interdepartmental mail. Level 4: ~incr deviation from guidelines and protocol. Basic Life Support Coordinator will communicate concerns to individual firefighter. E. IN-SERVICE PROGRAI4. The in-service program provides face to face training for firefighters. In-services will be mandatory for all personnel whose role and responsibilities ~ill be or could be that of a first respon~er. Six in-services a }'ear will be offered at different locations throughout Collier County. The ~m-services ..;ill follo%; the DOT/EMT first responder curriculum and ~..'ill contain both didactic and hands-on sk~il evaluation. Only three absences per firefighter '/ill be allo?~ed in a t~c-~'ear period. Failure tc mee~ this requirement will mean immediate suspension of the individual firefighter's ability to work under the roles and responsibilities of a first responder. After suspension, an individual firefighter may regain the status of a first responder only after comDleting a ~ritten exam and a scenario-based evaluaticn by the Medical Director. order to enhance the training program, the Fire In SEP lB 1,.,~?~ District will identify one person to act as the liaison to the Basic Life Support Coordinator and the Medical Director. F. Automatic External Difibrilator (AED) TRAINING. AED training will be completed every six months through the regularly scheduled in-service program. All record keeping and quality assurance will also be handled by the Basic Life Support Coordinator. G. DOCUI~ENTATIO~. Upon completion of a medical call, the fire~ighter meeting the first responder qualifications will enter the appropriate information into the computer and properly complete the run report. The Fire District shall assure that the computer is designed to automatically upload the information via modem into the main data base located at Collier County Emergency Medical Services at a pre-designed time. The original run report shall be hand-delivered to the Collier County Emergency Medical Services paramedic team prior to EMS departure from the scene. If time constraints do not permit the completicn of t~e ~.~rltten documentation at the scene, the first responder shall provide the information to the EMS Paramedic team verbally and forward a completed basic life support run report to the office of the Basic Life Support coordinator within 24 hours from the provision of service rendered. All basic life support run report~ are confidential medical ~ information and shall be handled consistent with federal and state legislation. H. EQUIPH£?7. All basic life support medical equipment shall receive approval prior to purchase by the Medical Director. This will create a system which provides for the standardization of all basic life support medical equipment throughout the nine area fire departments. I. NOTIFICATIO~ OF EXPOSURE TO INFECTIOUS DISEASES. Notification and treatment procedures shall be the responsibility of the fire department. J. The Fire District shall pay the sum of 53575.20 by October 31, 1996 to Collier County as a contribution ~o~:ards operational expenses, and by each October 31, thereafter, the fire district shall pay a sum equal to their percentage of the total operational expenses of the nine County Fire Districts, which sum shall be mutually agreed upon by the County and the Fire District. This Agreemen~ ?.'ill ccnnence on Octcber 1, 17'6 and shall be filed ?.'ith the Department of Health and Rehabilitative Services, Office of Emergency Hedical Services, 1317 ~{ine%.;ood Blvd., Tallahassee, Florida 32399-0700, ?~here ir ~ill be retained as part of the Collier County £].iS Department License file. This Agreement ¥:ill expire on September 30, 1997. -6- A G E/~J~;~ IT.[M $£P 16 L~? IN WITNESS WHEREOF, this Agreement was executed this Od;D~F~ , 1996 by the undersigned. day of VINCE DOERR, ~IEF OCHOPEE FIRE DISTRICT '~' DIRECTOR BY:DiANE~' EMERGENCY SERVICES DEPARTMENT Approved as to form and legal sufficiency: By: Hffifli' ' Ashton Assistant County Attorney Dwight Brock, Clerk of Courts Collier County By: Timothy L. Hancock, Chairman COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS ROBERT B. TOBER, Medical Director EMERGENCY MEDICAL SERVICES HFA/ks/10035 By: ~ L. ~ANCOCK, ~ COLLIER CC~/T2Y BOARD OF CC3__~'rY O[I~MISSlC~ERS AS EX-OFFICIO ~ BC~Y OF THE OCBik~EE FIRE CC~fROL DISTRICT COLLIER ¢OUHTT FIRE CHIEFS' A~HOCIATIOI' Hemo 4 C-89-17 Elf Da=e~ 11-0~-89 · To: Ail r. NS, Fire, Coam Personnel ~nitiated by: COBB. PURPOSE: To establish & PrOcedure for checking on the statu~ of personnel while on the scene of an incident. BACKGROUND: There have been lncldan=s where th'e safety and welfare of the field personnel has been in Jeopardy. This procedure will help en~ure tha~ the #afet¥ of the per~onnei ks in ~ac~ and dispatch' =he appropria=a backup ~ersonnel, if needed. The following Procedure shall be utilized for checking on the s~atus of fiald personnel on the scene of an incident: 1. Check on =he eta=us every l0 ain.~=es (sore frequently as the situa~ion dict&~es as de~e~'nined by ~ontrol) with or withou~ law enforcemen~ personnel.present: a. Assaults of &ny nature or extant. ~. Situations where t~ere may Me violence of the 9o=en~lal for violence to any extant, i.e., shootings, assaults, over~ose, men=ally ill, suicide mt=amp=s, c. ~nyttme E~S~flre calls f~r S.O.~P.D. for situations than =hreaten their d. Anytime you a~e uncex-cain of ~rew safety. 2. Check on eta=us every 20 minutes if law enforcement is presen=: E..XHIBIT '~' a. Any situation whe=e Fou have not heard from & unit for 20 minutes, exce~tlon~ aon-threaCsnlng call~ m~ medicml facilities, i.e., nursln~ homes, hospitals, etc. b. On all ma]o= incidents in which "~nciden~ Command' has been established unless advised by the Ii ........... ~. to disregard status checks. A~AFFEM " COLLIER COUNTY FIRS CHIEFS' ASSOCIATION --.--------...--------------.--..._____ Memo ~ C-89-17 Elf Da=e: 11-01-89 · To: All EMS, Fire, Comm Personnel Initiated by: Comm. Committee 3. A unit should respond :o · 'S:a=us Check' with 'Ual: Designator, Affirmative.' Any deviation from ~his ex·c= response will resul: in · law enforce·eat response. 4. If & unit fails :o respond, or responds improperly, have S.O./P.D. respond lmmedi&:el¥. If law enforcement is already present, you may check :he s:atus of · unit via ~he deputy/officer after direct contact at%empt has resulted in 'No' or an improper response from the unit. fie certain that the depu:y/officer checks :he sea:us of ~he unit vtsua]ly before confirmation. $. If a law enforcement officer is no: on the scene end you have received no response or improper response from · unit, dispatch law enforcement and notify :he unit's shift supervisor =f :he situation. DISCUSSION: Never assume that · unit Ls safe lust bec·use law enforcement is present on :he scene of an incident. PKBALTY: While no specific penalty applies :o this procedure, willful or continued non-compliance may result in a verbal or wrl:ten reprimand. E3, H~IT "A" AGENDA ITEM SEP 1 ~ I~7 .' COLI. 2E'~ COUNT'y FIP.~ ~lZlr~~ Memo # C-91-1B Elf Datl:lO-O1-gl Recindl or Mends:OI-94 To: All EMS, Fire, Comm Personnel Initiated by: Comm. Committee Subject: Frequency Use: Green Channel Page I of 2 By the Authority of-:~ President, Collier ~:~nty Fire Chiefs' To establish protocol and Procl,dure for use of green Channel. Green Channel 154.010 mhz The Green Channel , long established as a fire lervice 'talk around" channel, but never acc~ssible by Control, was considere¢ a viable secondary or back frequency. Installation of a base station in the Sheriffs Office Communication ~nter allowed Control to transmit and receive this frequency, permitting the Green Channel to be utilized as both a back-up dispatch freq~e~ and as a tactical channel in the event of a major incident. In order to facilitate elfective communications between Control and the fire service and EMS, the following procedures /protocol are provided; discretion,assign fire agencies to the Green Ch should control become saturated,In this mYent t operator will notify~the appropriate agencies c before assignment' ie made. The Green Channel will also be Utilizmd for he zone in~truction~. , 1. RADIO USE: All dispatch terminology, equipment /personnel terminology and communications compliant procedures for Green Channel shall be the same as for Control frequency. 2.BACKUP: Upon failure of control frequency, communications will transmit all traffic on the Green Channel to both fire and EMS. 3.TACTICAL ASSIGNMENT: In event of · command incident , the incident commander may request from the Control Operator to hava all incident related traffic handled on the 8teen Channel. The c duty communications supervisor shall have the approval of this assignment based upon logistics, manpow~r,ectj The on-duty Communications super¥ieor may ,at his/her ET. HIBIT "A" for dispatc. COUNTY F'~I~ CHIEFS' ASSOCIATION " ~Memo # C-91-1B Elf Date~ 10-01-91 To: All EMS, Fire, Comm Personnel Initiated by: Comm. Committee 4. Location for EMS: Any medic unit that requires additional directions to an emergency in a specific fire district other than that provided by Control the medic unit should zequest that fire district responding to go to the Green Channel and can be given more detailed instructions to.an incident, After th~ location of the incident is understood the units shall return to the Control channel. Not applicable Penalties may range from remedial instruction to verbal or written rear imands. AGEhlDA ITI~M ~'~._ ~ SEP ] 6 .............. FZRt CHZ~' A~8OCZA?ZOIf Heao # C-89-0! ;fl D&ce~ 11-0~-89 To: All EHS, Fire, Cone Personnel Xnitiated by: Conn. Committee Sub~ec~: C°maunications/General Pag~ ! of PURPOSE: To give an overview ~f the CollLer County Sheriff's Office Co=municat~ons Can=er, its radio design&riot, duties, and responsibilities. DEFINITZO~B~ Not applicable. BACEGROUND~ 8o as to reduce any confusion over ~he Collier County 8berlff's Office Communications Center's radio designation, duties, and responsib~Ilties, & general procedure statement is deveioped: The Collier County Sheriff's Office Communications Center, for the purpose of these procedures referred to am 'Control', is r~e nerve center for ~he fire and ZMS service. The prlmaz~ purpose ~f Control is to receive requests for sssisr, ancs a: firs and rescue emergencies and to dispa~ch, by the most expeditious means &vallable, the appropriate agencies and equipment :o deal with ~ such emergencies. ~ secondary role is to receive and coordinate all nonemergency and administrative communications and to maintain reports, records, and necessary re:[stance materials. In addition, Control shall provide routine communications for ~he Depar~ant of Emergency Services. PROCEDURE: In order to carry out its many functions and to provide immediate and effective service to the citizens of ~his County, the following procedures are provided. DISCUSSION: ~ot applicable. No Penalties apply to ~his Procedure. Page I AGEND~ ITEM SEP I $1.~7 COLLZER COUNTY PIR~ CHIEF~' ASSOCIATZO~ He=o t C-89-02 Elf Date: To: All EH$, F~re, Comm Personnel ~niq:lated b~: Con. Sub~ect: C°mmuflications/AdelnLstra~lon Page ! o~ 2 To define the activities ~hat effect ¢omuunica~ions operations and the responsih~e Par~ies ~h&t are ~o ensure pro, er coordination. Not applicable. To further clarify the responslbl'litles of ~.he Communications Officer, the F~re Chiefs' Association, and ~ha Chiefs' Communications Committee, the following procedure ~s established: PROCEDURE~ The Collier County Sheriff's Office is responsible for the operation and licensing of all radio equipmen~ used by the fire and EMS services and the operation of Control. This £unction is carried out through the Communications 0f~ice and Shi~t Supercisors. It is understood that the operations of Con:rol Rue: affect, and is affected, by opera'lens of field units. There are basically three (3} types of activities and responsib111Cles for direction which must be defined: L. Operational Activities How specific activities shall be carried out in and by Personnel assigned ~o Con~rol. How equipment operating under County license shal~ operate. 2. T&c~cal Ac~v~Z~ts How much and wha~ ~ype equipuent will be needed for specific fireground operations. 3. Combined Acr-iv~tz~es Functions ~hich directly a~sc~ bo~h tac~cal and oPera~ional activities! i.e. Conand Pos~ radio procedures. ' It is again understood~=hat each o~ these activil mutual cooperation of all ParOles. However, to el coordination, the following responsiblll~ies are -.. COLLISR COUNTY FIRS CHIS[~' ASSOCIA?IO~ Hemo # C-89-02 Bff Data: II-G1-89 To: All EHS, £tra, Comm Personnel Znt~lated by: Coms. Commtttee~ I. Operational Activities Communications Officer. 2. ?act/ca! Activities £tre Chiefs' Association. 3. Combined Acgtvl~lns Chief's Connuntc&ttons The Chiefs' Aasoclatton Communications Committee wtll consist the Communications Officer and designated representatives from the Fire Chiefs' Asaoctatton. Zn further recognizing the need for cooperation, Yhenever practical, input Shall be solicited from all parties and shall b~ accepted at any C/ne. The Chiefs' Communications Cosmittee shall act as liaison between the Chief's Association and the Communications Offlce~. DISCUSSION: Not applicable. PENALTY: ~o penalties apply to this procedure. Hemo I C-89-03 gff Date: To: All EHS, Fire, Comm Personnel Zniclacad by: COBS. Committee Sub:lace: C°mmunic&tione/Organization Page 1 of 2 PURPOSE: To document the siSSion end organization of the Collier County Sheriff's Office Communications Division. DEFIHZTIORS: Not applicable. BACXGROUND: The following mission statement And organizational outline of the Collier County Sheriff.s Office Communications Division is intended to provide insight into ~e purpo,e, chain of command, and procedures of the division. ~ROCEDURE: Tke Communications Division ac the Collier County ;overnment Complex Sheriff's Office, NAples, ~loridA, iS designA~ed °Con=roi' for ell fire and emergency medical communications in Collier Coon=y, FlOrid&. The personnel and facilities AC ~his office &re Asstg~ed co the Collier Count}' Sheriff.s Office Communlca=lons Division. The Communications Division ~s an element of the Collier County Sheriff's Office. The Collier County Sheriff is responsible to ~he County Hanager for 'providing centralized fire Iud re~cu~ dispatching services.' The Collier County Sheriff,s 0ffit:e Com~unicA=ions Officer Ihall Banage and exercise opera=lone1 concro! over aCCiVI=tAA of ~his office, reporting to =he Sheriff. A Communications Supervisor Shall command each directly =o =he C°mmUnicA=ionl 0flit Supervisor is responllbl. , .... Ar. The Co~unica=lons - &ur e~surlng ~a~ All action Are handled in accordance s required With Prescribed procedural. In Any situation not covered by specific t~3~ruc~ions, Communications Supervisor Shall use besn ~udgemenl decisions and taking ACtion. S EP 1 $ 1997 Hoc &ppi/cable. EXHIB~ "A" AGENDA ITEM I'.'". _~ SEP 1 6 1997 mm. COLLIER COUNTY tiRE CHIZrS* ASHOCIATIOI HeRo # C-89-0¢ gff DaCe: 11-01-89 To: All EHS, Fire, COma Personnel Znitiatsd by:'~ou. Committee Sub~ect: Communications Complaints Page I of 3 To establish an orderly procedure for addressing complaints and/or questions concerning Communications operations and procedures. . DEFINITIONS: Not applicable. BACE~ROUND: Periodically, qUeStions and/or complaints arise ooncerning Coamunica~ions procedures or decisions either by Communications or by units in the field. Han¥ times Che complainant immediately calls Communications to complain or question. This often ' interferes with the handling of incidents and creates ill' feelings between the involved parties. Pa~ies wi~h ~ues~ions about how An incident ~a~ handled ei~ by Connunicacions or field units should =afar ~ose ~es=ions ~o ~eir appropriate OIC (Station Officar or Shift 8upe~lsor) a= ~e ~o~ple=lon inciden~. The officer Bay, a= ~a~ =ina, con~ac~ ~e o~her o~ficer concerned ~o ob=aim cla~ifica~ion of any disputed This will avoid BRier Probleas developing dyer simple ml:unders=andings. ~ ~e =we conc~td o~ficars canna= sanisfac=orlly resolve ~e ~es=lon, ~e following procedure is .established =o provide a means for h~dling such Lnciden=s which will: I. Provide a wrluten record of ~e problem. 2. Will allow time for proper analysis. 3. Will make all responsible parties aware of ~he problem. The following procedure shall he followed Ln ~aklng a complaint concerning activities, procedures, or policies: ~he appropriate section of ~he Radio Co.unica Complaint Form. ~ ... SEP I 6 Lq97 2. The complaint for shall be forwarded through COLLZER COUNT~ FZRE CHIEFS' ASeOCZAYZO! '- Nemo ~ C-89-0¢ Elf ~ata: To: All EHS, Fire, Comm Personnel Znitlstsd by: 'Com. company or division chain of command to the Chief Officer q of the company or division. 3. The Chief may, at this point, come to Comaunicatlo listen to the dis-u- - - ns and · ~ ~ea ~tea(a} on ~he taa The Ch bring ~he wrx~ta~ con-1 ...... P · ief shall ~ azn~ WXtA him and shall leave a copy of the complaint With his findings a~ Communica~ions. ~vary effor~ should be made by ~he Chief to come to Communications when ~he ~hif~ ~UPervisor on whose shif~ ~he complaint occurred iL Present. 4. The appropriate officer shall either return ~b'e complaint to the initiator us unnecessary or forward i~ Chairman of ~he Chiefs. Communications Commit~ae. 5. The Chiefs' COmmunications Committee and ~hs Co~unica~ions O~icer shall investigate ~be conplain~ and make a ~ecision and/or recommendation. Conplain~s rogarded bM ~ls commi~ee ~o be either ~rlVOlous or completely un~ounded shall be so no,ed and returned ~o ~e aPpZopria~e Cbia~ Office~ of ~he depar~men~ or division ~or Possible action. A~ar investigation, action, or recommenda~ion bas been completed, ~he second copM of ~he complain~ for shall be returned ~o ~he complainan~ b2 reversing ~e s~apa de,ailed in ~his procedure. Complaints should he handled au expedi=iously as possible, and in no case shall complain=s he lntltia~ad after the screech (7=h) Calendar day f~llowing the incidenC. ~o consideration Will be given to cocplaints received by the Chairman of the Chiefs. Communications Commit~se more than ary ~ecause of recording limitations. 8. A copy of the aPPropriate radio and telephone ~affic will be made for use by the committee in making its decision. No recordings or tape transcripts will be made for ~be purpose of determining the validity of a complaint ~til ~be complain~ bas been recorded on the Communica~ions ¢ompiaint ~L~;~e:lform. Tape recordings wi ~ only b. available to ~he Chiefs* Communications C ~e Communications Officer for CAe Purpose of resolving ~a dispute. If addi=lonai room la needed on ~e coaplain= fo~, uae appropria=e company aemorandua fo~. Not applicable. PENALTY: SEP 1 6 COLLieR COUNTy F~lt~ CH~.L'F~' AS~OCZAt~OI '' NeBO I C-89-04 g~'~' Oar. e: 11-01-89 ?o: All EHS, ~lre, COBB Personne! £nLtLa~ad by: ~OB~. Coaa~t~ee Penal~Les Bay range ~rom remed~a! LnstructLon ~o re,bi! or vr~en reprimands. £(Hi21T 'Ps" S EP 16 t997 ... COLLIER COUXTY FIRE CHIIrS' iSSOC:LATIOI ..Hemo I C-89-05 Suh~ec=: Radio Terminology Page I of 3 PURPOSE: To es~ablish a policy defining the common terminology to be used in &ll radio traffic. DE, I~ZTZONS: Unreadable 10-1 APPLICATION used when signal received Is no~ clem] Loud & Clear Stop Transmitting Copy, Copies 10-2 10-3 10-48 Acknowledge Hessage Received Affirmative 10 -4 ~aga~ive 10-54 Respond, Responding 10-18 Procled ~o or Proceeding to an incidents elergency Lrav&l or r. ranspor~ Enroute In-Quarners Out-Of-Service Understand In-Service 10-18X 10-10 10-7 10-8 10-9 ~.;~,~T 'A' traLu.'L~g, pre-~lre _J_ COLLIER COU~qT¥ FIRE C~T~FS' ASSOCIATT01 Held I C-89-05 iff Date: 11-01-89 " To: All EHS; Firs, COBB Personnel Znitiatsd by: Col~. COllittla What is Your Loc&Sion. Call 8¥ Phone Disregard Last MeSsage Stand By On Scene Energency Radio Traffic Cancel Nothing Showing Smoke Showing Working Fire Limited Service 10-19 Sel~gxplanacor~ 10-20 Self-Explanatory 10-21 10-22 10-23 Self-gxplanator7 10-97 Self-Explanatory 10-33 ¥111 confine all radio to ~n eBargency in pr°grisl or a new Incident 10-66 Apparatus not needed on ~he Incident and Bay return to an in servlce lode Self-Explanatory Self-gxplanacory Self-Explanatory Note: This is a Partial listing of more c~mnon =~ used b~ the Collier Count~ Sheriff's Of~£c~ A unlc Chat cannot be used =o its full potential, Example: an engine with less than a ~ull load of hose, an ~HS unit no life-pek, etc. ~ACKGROUND~ A policy r~a~ specifically defines r. he cams Co be used in radio transmissions is needed to ensure that a cohort se= of definitions exist and =ha= all Personnel using ~e radio can understand each ~ern or description. When using =he Control channel =o =o~unica=e wl~ Control, o=he~ ual=s, ocher ~urlsdic=lon8, an~ o~er indivldual-~ .h. definitions shall apply for ~he ~e~l listed.A~AI~M Page 2 COLL~ER COUNTY F'rRI: C~TEI'S' JLS~OC'rATTO]I · He.o I C-89-05 g~ Date: ll-Ol-e9" To: All EHS, Fire, Comb Personnel Initlar~ed b¥:'Comm. Committee no '10' codes are used. No~ applicable. I~EI1ALt"T t While no specific Penalty applies ~o r. his procedure, will~ul or conninued non-compliance say resul~ ~n verbal or written reprinand. E.:-:H iBiT 'A' AGENDA ITEM SEP 16 ~7 COLLIER C0UNT¥ FIRE CHIEFS ASSOCIATION ........... Hemo t C-89-06 Elf D&te: 11-01-89 To: All EMS, Fire, Comm Personnel Initiated by: ColR. Subject: Dlsp&tch Ternino~ogy dispatching of inCidents by =he Collier County Sheriff's Office Communications Center (Control). Not applicable. BACMGROUND: : Since =he various fire districts and County EMS Irs responsible to ensure concise &nd efficient dispatch. The followin~ are =he incident t¥pes dispatched b¥ C.~ntrol for the varlous fire districts and EMS: The call will be Cataioqed by the lncident type (fire, rescue, outside fire, auto acc/dent, Public service, etc.) The following are the specific c1&ssifica=lons for the three (3) incident types. These classifications will be used when E<H:E!T 'A' AGENDA ITEM $£P 1 8 pg. Hemo ~ C-89-06 Elf O&~e: 11-01-89 To: Ail EMS, Fire, Conm Personnel LuiCiaCid by: Cou. Committee Iflciden~Typet Fire Incidence Classification Auco Fire Bz"usb ~lre Dumpecer Electrical Fire Fire Alarn Sounding Fuel Spill Chemical Spill Inside Gas Leak Smell of Smoke Smoke in Area Smoke in Building Structure Fire Ou=side Fire Transfer Trash Flre . Truck rite . Wires [,own or Arcing _ Chimney _ Description Automobile or car Ztre Lssyem, £1sld, woods, Any known slac~rtcal ~roblem - (ouCle~ ~oklng, ltgh~.~ ~llcksrln, All repo~ of ala~l Io~dlng (~ mnoke de~c~=, ~r~kla= automatic phone dlale~8) SazaFd du~ ~ ~uel spilled/leaking ~he o~dof o~ prefence cE natural or ~ Vii ~ilde I sC~ccure ~lokt ~oncan~aCid ~ general area V~sible ~oke ~n ~e building The exacC C~e f~re ~s cu%door~ f~re ncc described A nonelergency movilen= of frol J~C~on ~ ICaC~on or zone Co zone Trac=cr ~ailec, ?~ker Special Note: For flres inside a structure, dispatch r. be call using a one-word descrtpclon of uha~ is burntng~ i.e., score, bedroom, klCchen, £urnace, maC~ress, eec. Zn cases ncc covered ~bove, ~.he Dispatcher rill use his/her discretion, wl~h r. he description ncc exceeding Cwo {2) vords. Page 2 AGENDA ITEM .... -,~ ~uu#?T rzl~ CRZZ'I'S' AS~OCZA'L'ZOS' M'emo ~ ¢-89-06 ~f Dar. a: i.Z.-01-Sg ?o: Al~ SHS.', Fire, Comm Personnel Initiated by: Conn. ComBltt'ee Incident Type: Medica! Incidents Abdominal Pain / Problems 2 Ches~ Pain Convulsions, Seizures 4 Headache 5 Stroke / CVA 6 Allergies / Hives / Medical Reac=ions / Stings 7 Carbon Monoxide / Poisoning / Inhalation / Hazardous 8. Overdose / Poisoning / Ingestion 9. Pregnancy / Childblruh / Miscarriage 10. Psychiatric / Behavioral Problems 11. Sick Person / (SPecific Diagnosis aa Chief Complaint} 12. Unknown Problem / Ham Down 13. Hearn Problems 14. Sack Pain 15. Animal Bites 16. Burns 17. Drowning (near} / Diving Accidents 18. Elecnrocu=lon 19. Hear / Cold Exposure 20. Assault 21. Scab / Gunshot Wound 22. Eye Injuries 23. Falls 24. Hemorrhage 25. Indus=rial / Machinery Accidents 26. Traffic Accident (Auto, Ho=orcycle Bicycle Pedestrian) 27. Choking , , 28. Breathing Problems 29. Cardiac / Respiratory Arrest 30. Unconscious / Fainting {Still Breathin~} 31. Dlabe=Ic PrOblems 32. Trauma=lc InjUries (Specific, If Possible) Page 3 E'.:',~ !,':- ~T "A' Hame 4 C-89-07 g~ Da~e: 11-01o1~ ?o~ All EHS', Fire, Cons Personnel Initl&tsd by= Comm. CosmiCCbe Subject: Equipment / Personnel TerainoloDT I of PURPOSEs To establish and define the terminology to be used in ldentifyi eguipmen~ and/or personnel on ~he scene of or responding to an tnciden~. DEFINITIONS: Engine Pumper Nose Ladder Rescue Naz Mat Brush Woods Yanker Boa: Medic ~edflight Attack COLLIER COUNTY UNIT DESIGNATIONS Primary 'manned" pumping engine in a~a~lon Secondary pumping engine in station (reserve or volunteer) Third out ~ngine - same station Aerial company Hanned basic life suppor~ unit Dedicated hazardous material team unit Brush or woods Second brush wagon out of e=ation Large capacity water hauler (1000 gallol or more) Craft ~hat floats or flies over water Service vehicle Advanced life supper= uni~ capable of transport gMS helicopter used in transportation o: Patients and EHS personnel Samll pumping engine, normally wl~h S00 gpm capability which ~ small fires and/or have r, Continued) [ SEP E'-'/~.,. 5 tT 'A' ......... COLLIER COUMTy FZ]~ CHI~FS' AS~OCZATZOI Mobile Command Crash Fire HeBo t C-8g-07 Eft DACe: 11-01-89 ?o: All gna, Fire, Conm Personnel LntClaCed byz Co--. ComaiCcee County Coaaand Van ' Crash Rescue rlreflgbclng apparatus sPeCt£tcai1y say be equipped wlr. b large anouncs of foal and v&~er ApParatus equipped for special rescue operations during plane crash Incidence Asst. Chief COLLIER COUMTy_~_~_~STAFF AND COH]~%MD DESIG~ATIOiS Chief Chief administrative and/or operational officer of a fire control district Second in cossand and nor~aliy assumes full authority in r. he absence of the Chief Deputy Chief Division/ Batalllon Chief Marshal Third in c~.nnand and lay bi assigned co particular division, i.e., Fire Marshal ~ratnlng, etc. ' A chief officer nor~ally assigned as a shift commander. #111 norBally respond a first on scene coBBander of a la,or incident Captain Lieutenant Engineer Flreflghcer Inspector Individual specifically assigned to Fire Harshal guties and may have ~.he rank of AssisCan~ Chief, Deputy Chief or Captain #ormaI1y a station or unl~ couander. Ma' have specific Job title, such as Cralnln officer, fire aarshal, e~c. Station or unl= coaaander Driver/Operator cf the equipaenc Ptrefigh~er/EMS provider assigned to a unl= wl=htn a fire dla~rlct Person charged with ~he of parroting firs lnspec~tons on new exls=lnq buildings Page 2 m AGE/~DA ITEM I~'*,... _A',,~ .... Hemo # All EH·, Fire, Coil Per·onne! ~niciaCed by: Cou. Committee STAFF A~D COHHAHD DES~GIATIORS (Continued) , Investigator Hedcom Admtn Paramedic EHT Person charged vi~h ~he responsibility of Perfor~ing investigation· to der·rain the origin and cause of · fire iNS director, division head, or shift supervisor within ~he Collier County SHS Collier County Adminis~rative Staff Advanced life support provider assigned to an iNS unit laergency Had!cml Technician (BLS provider) assigned to an ~S unit Person utilized as ~he Public lnforma~lo Officer, food support, etc. Special emergency ri·pons· vehicle When communicating With Control, unica in ~he field, or ~ersonnel, the above listed designations should be utilized. will help eliminate confusion and cut back on unnecessary air time. The unit designated above will nor~all¥ be followed by ~he s~acton number, zone, or division ~he¥ ere maligned to, such ~AST NAPLES FIRE CONTROL A~D RESCUE Person/Unit Chief Assistant Chief Depu:y Chief (future) laCallion Chief (future) Captain Lieutenant Inspector Engineer Fir·fighter Engine Rescue Ladder Truck Tanker Etc... Designation Chief 20 Chief 21 Chief 22 BaCallion 20, 21, etc. Captain & ir. aC/on # Lieutenant i 8~ation # Inspector 20, 21, etc. Ingineer · Knqine - RIIcuI Ladder - T~ker AGEndA COLLZ~R COUNTY FZRZ CH/EFS' AZHOCZATZOI HeRo · C-89-07 Dace: 11-01-89 To: All EHS, Fire, CoRm Personnel Znl~tated by: CORR. CoRm/tree Utilizing these designations should allow tot easter tracktflg o~ equipment and personnel on the scene oE or responding to an Incident. Hoc applicable. While no spectEtc penalty applies to this procedure, willful or continued non-complaints nay result in verbal o= wrltcan reprimand. :: ::--: :.~lT Paqe 4 AGENDA ITJ~M SEP 1 6 L :J7 .... ¢OLLZER ¢OO~TY FZRE CHX~S* ASBOCXATXOE Kemo I ¢-8g-08 To: Ail EHS, Fire, Comb Personnel ~nitiaCad by: ComB. Committee Subject: Conmuflic&clons vi~h 0nice/Personnel Page I of 2 j To establish the procedures necessary in a£~Lciontly and " selectively communicating with units &nd/or personnel in r. ha Eleld. D~FZHXTZO~gz ~ot applicaAle. BACKGROUND: Since communic&cions is a vital element in handling oE any emergency or non-emergency sistuation by fire and BHS units, it is essential that everyone utilize ~he sere forma~ in communicating with one another. -. PROCEDURE: The following procedures shall be utilized when coaaunicating with Control, units, and/or personnel in the ~lald: 1. When communicating wl=h Control, unica in r. he £1eld, or personnel in ~he field, messages should ba aB concise and ahor~ as possible so es to elimina~e any unnectaaaL'y air time. 2. Personnel in ~he Eield assigned Co a uni~ should reEcr ~o themselves by r. he uni~ on which they a~e assigned, i.e., Hedic S, Engine 20, Rescue 20, etc. 3. Xf CAe uniC officer £inds it necessary Co couunicate with Control via his/her portable radio, then the unic officer should reEer to biasel£/herselE by the rank and apparatus ~iding on: ~a~tain ~ngine 20 Lieutenant Rescue 41 Engineer gngine 20 Fire~ighter Rescue 20 ~tc... 4. Personnel should lden~i~y the uniC r. hey a~e calling ~irst and then identify r. he unit Chat is calling~ Cont~ol~ Hedic $ EXHISIT Page COLLIER COUNTY FIRE CHIEFS' ASSOCIATION Memo ~ C-89-08 Elf Date: 11-01-89 To: All EMS, Fire, Comm Personnel Initiated by: Comm. Committee Chief 20; Engine 20 Station 41; Rescue 41 Etc... Utilizing these procedures will ensure that all emergency and non-emergency radio traffic will be handled in a smooth, effective, and e~ficient manner with minimal confusion on behalf of the individuals making or receiving the communications. DISCUSSION: Not applicable. PENALTY: While no specific penalty applies to this procedure, willful or continued non-compliance may result in verbsl or written reprimand. Page 2 SE? ~ G ~.~47 COLLIER COUNTY FIRE CHIEFS' ASSOCIATION Memo # C-89-09 ~ff Date: 11-01-89 To: All EHS, Fire, Comm Personnel Initiated by: Comm. Committee Subject: Radio Equipment Licensing/Ownership Page 1 of 2 PURPOSE: To establish the license for the radio frequencies used by the Collier County Sheriff's Office for Fire and EMS use as well as the policies of ownership of such equipment. DEFINITIONS: Not applicable. BACKGROUND: In order to clarify the individuals/entlty responsible for ensurlng that all radio equipment and radio procedures comply with the FCC rules and regulations, the following procedure is established. PROCEDURE: Collier County She ''' ri~, s Office is the licensee for Control frequency and radio equipment. As the licensee, the Sherlff's Office zs responsible for ensurzng that all radio equip=em= and operating procedures co=ply wzth the rules ;::%d regulatlon$ of =he Federal Cszmunicat!ons Co=nisszon. Failur,, to comply wlth the rules and regulations of the FCC constitutes a violation of federal law, and is cause for withdrawal of operating privileges. Any failure to comply with the pollcles and procedures outlined in this manual is grounds for withdrawal of authorization for use of Control frequency licensed to the Collier County Sheriff's Office. Counny Owned Equipmen~ County-owned radio equipment shall be provided and maintained in accordance with the provisions of this publication. Radio equipment is procured only for stated specific requirements as outlined by the Collier County Sheriff's Office Communications Division. SEP ! G "~' -' .~S~T "A' ~ Pace 1 t F'3 · ___~.~ - ....: ........ ~. -~.. ~ -- COLLIER COUNTY FIRE CHIEFS' ASSOCIATION Memo # C-89-09 Elf Date: ................... i1-01-89 To: All EHS, Fire, Comm Personnel Initiated by: Comm. Committee ~on-County Ownership of Radio Equipment Authority to operate any non-County owned transmitter on frequencies assigned to the Collier County Sheriff's Office requlres the advance written approval of the Sheriff. In addition, the users of the non-County owned radio equipment that has been approved for use on Sheriff's and/or Control frequencies, are responsible for furnishing evidence to the Sheriff's Office Communications Division that the FCC required transmitter measurements have been made by a licensed radio technician. DISCUSSION: Not applicable. Failure to follow this Procedure will result in withdrawal of operating privileges for the company or transmitter concerned. EXM~T Page SEP 1 8 ~3'37 Memo t C-92-10 .............. Elf Date: 04-22-92 Subject: Fire Station/Hedic Unit Designation Page 1 of 2 PURPOSE: To establish the procedures necessary in efficiently and effectively communicating With fire stations and/or Hedic unZts by proper deslqna~ion. DEFINITIONS: Not applica~le. BACKGROUND: In an effort to eliminate confusion and to provide for future expansion of fire districts and Medic units, the followin¢ designations shall be utilized. - PROCEDURE: The following des~gnat:ons shall be assigned to the fire districts in Collier County and the City of Naples Fire Department: Station Assignm(.nts 1 through 9 10 through 19 20 through 29 30 through 39 40 through 49 50 through 59 60 through 69 70 through 79 90 through 99 Jurisdiction City of Naples 8iq Corkscrew East Naples Immokalee North Naples Harco Island Ochopee/£verglades Golden Gate Isle of Capri Medic units shall be designated by numbers 1 through 15 and will be assigned specific zones Within the County as determined by the EMS Direc~or. Headquarters designations shall be given to each of the fire districts for use by fire department administrative staff. Headquarters designations shall cai administrative staff (Ch&el Naples district. ~ , ~-~ ~SI~ "A" COLLIER COUNTY FIRE CHIEFS' ASSOCIATION Memo # C-92-10 Elf Date: 04-22-92 To: All EMS, Fire, Comm Personnel Initiated by: Comm. Committee Hany of the station designations will not be Utilized at th~s time but will be kept in reserve for future expansion within the fire districts. DISCUSSION: Not applicable. PEB~Ty: While no specific Penalty applies to this procedure, willful or continued non-complalnce may result in verbal or written reprimand. Memo # C-91-11 Elf Date:2-I-91 To: All EHS, Fire, Comm Personnel Initiated by: Comm. Comnit~ee Subject:Initial Radio Announcement/Dispatch Page ! of 3 PURPOSE TO establlsh a standard procedure for the broadcast of the initial radio announcement {dispatch). DEFINITIONS: Not Applicable BACKGROUND: In order to avoid confusion and provide consistency when dispatching fire and ems incidents, A standard procedure is required for the terminology, order, and form of various ty~es of incidents, addresses and response. PROCEDURE: The following procedure will be followed when dispatched the initial response for fire and ems incidents: V~cal dispatches and sounding of selective calling tones (paging tones) will be made in the same order as companies are due to respond. Selective calling tones will only be sounded for one incident at a time. The unzts due will be announced first followed by the type o~ incident and then the address. The address will be given a total of three (3) times, two (2) times by Control during the dispatch and one (1) time by responding units as they acknowledge their response. After the second vocal by Control, any additional information will be given to the first due unit (s), such as cross streets, subdivision names, building names, etc., and more detail on the type of incident, Such as specific injury, sickness, etc. ..... Page COLLIER COUNTY FIRE CHIEFS' ASSOCIATION Memo # C-91-11 Elf Date:2-1-91 To: All EMS, Fire, Comm Personnel Initiated by: Comm. Committee Example: i. a. Hedic 5 tones, Golden Gate Rescue tones (traffic accident). b. First vocal: 'Medic 5, Golden Gate Rescue, Traffic Accident, 4700 block of Golden Gate Parkway.' c. Second vocal: 'Medic 5, Golden Gate Rescue, Traffic Accldent, auto, 4700 block of Golden Gate Parkway, cross street Tropicana Boulevard.- d. Medic 5 acknowledges when responding with their unit identifier and repeats back the address to Control. Medic 5 should acknowledge first since they were dispatched first as an EMS emergency. e. Golden GAte Rescue acknowledges when responding with unit identlfier and repeats back the address to Control. f. If another unit is responding to the call other than the first due units dispatched, they should wait until, the initial units have acknowledged to Control before they advlse of their response. This will keep from over rldlna other units. ' . g. Control should acknowledge units responding and announce the time the units mark responding. 2. a. East Naples tones, Medic § tones (Structure Fire] b. First vocal: "East Naples Fire, Medic 5. Structure fire 6075 Golden Gate Parkway.- , c. Second vocal: "East Naples Fire, Medic 5,Structure fire, 6075 Golden Gate Parkway, the David Lawrence Mental Health Center. d. East Naples Fire should acknowledge first with the OIC advising Control of what units are responding and repeat the address back to Control. e. Medic 5 acknowledges after the fire unit by unit identifier and repeats the address back to Control. f. If another unit is responding to the incident other than the first due units dispatched, they should wait until the initial units have acknowledged to Control before they advise of their respons~ This will keep from over riding other units. ' g. Control should acknowledge units responding and announce the time the units mark responding. Station/Unit Paging Tones . Second Vocal - Call Back After the paging tones and appropriate agencies/units have been announced for the first Vocal, then after the second vocal, Control should give additional information, such as cross streets, building names, sub-divisions, etc., to the agencies involved. After the Second Vocal is completed, units should acknowledge responding in the same sequence control has not received-an acknowledgement as d__ispatched. / ! Page 2 COLLIER COUNTY FIRE CHIEFS' ASSOCIATION Memo ~ C-91-11 Elf Date:2-1-91 To: All E}{S, Fire, Comm Personnel Initiated by: Comm. Commlttee within one (1) minute from the initial dispatch, they will call back the appropriate unit/agency to see if a unit is responding to the incident. EHS type calls should be dispatched by the proper fire/rescue agency, if applicable. Likewise, fire type incidents should be dispatched with the appropriate fire agencles being notified first. Acknowledgement The units should acknowledge responding to Control in the same order and dispatched. If there are several units responding from the same agency, the OIC from the appropriate agency should advlse Control of the units responding and repeat back the address of the incldent to Control. This serves as veriflcatlon that the agency/units are responding to the proper address of the incident. If the address is repeated back incorrectly, Control should contact the unit/agency and give them the proper'address and then the unit verify back to Control again. Failure to Acknowledge on Call Back Any agency that fails to acknowledge responding to an incident within one (1) minute should be contacted by Control over the radio to see if the agency is in fact responding. If there is no acknowledgement from a particular agency, the next closest appropriate agency/unit should be dispatched to the call. Control should attempt to contact the initially dispatched agency/unit via a secondary means to see if they are responding to the incident. Acknowledgements should only be madu by responding units and not by base station radios or portables. This will ensure Control that a unit is in fact responding to the incident. DISCUSSION: Not applicable. PENALTY: While no specific penalty exists for this procedure, willful or continued non-compliance may result in a verbal or written reprimand. Page 3 Hemo # C-89-12 8ff Date: 11-01-89 Subject: Communications Courtesy Page 1 of 2 PURPOSE: To establish common radio utilized by all personnel. Communications courtesies that shall be DEFINITIONS: Not applicable. BACKGROUND: There have been occasions where Personnel have interrupted or interfered With another unit attempting to communicate With Control, another unit, or an individual on an incident scene. This has created unnecessary problems and confusion that could have had serious impact on the outcome of an incident. The'intent of this procedure is to reinforce correct proper, and polite radio communications procedures. ' ~R~OC~DUR~ ~n an attempt to eliminate confusion, interruption, or interference during radio communications by field or Control personnel, the following procedures shall be utilized: 1. No field personnel' should attempt any type of communications with Control, another unit, or ,,~ ~mmeQla mm~ .... ~_ _.~-~ess an emergency exists that te ----u-~ca~lons, such as a life threatening emergency. If a call is in the process of being dispatched, every effort should be made to wait until the dispatch is complete. 2. Field units that are ac s~atus to Control, ano~w-- kn~ledging response or sirens o a~ ~ ..... -..ct un.u. or . ~.~_~ ._ P~ovtd_ng ~ ue use~ and ~t is of'-~?~ ~auzo transmission. If a sl..2 use ~rererred over any ot~== _~e electronic type, wai ouring -our .... "=~ mooe so tha ..... z ~aGlO announcement, u ~ou can De understood 3. No individual shall be addressed by their first name during radio transmission. Individ or by the unit to Which theuals shall be identified ~ their Y are assigned. ~ ---_.~. rank ........ COLLIER COUNTY FIRE CHIEFS' ASSOCIATION Memo ~ C-89-12 E~f Date: 11-01-89 To: All EMS, Fire, Comm Personnel Initiated by:'Comm. Committee 4. Ail non-emergency communications should be kept to a mlnlmun to ensure air time for emergency traffic. 5. Durlng a ma]or incident,, all radio traffic should be switched to an alternate frequency, such as the "Green" channel (154.010) a:s soon as possible in order to free Control channel for emergenc~, dispatching of other incidents. 6. Although everyone should be polite on the radio as far as thelr tone of voice and expressions, the use of phrases, such as. good morning, please, thank you, etc. waste air time and shall not be utilized during any radio transmission. These types o~ phrases should be 'assumed" by the receiver and not 'expressed" by the transmitting party. DISCUSSION: Not applicak!e. PENALTY: While no specific penalty exists !or this procedure, will Jul or continued non-compliance may result in a verbal or written reprimand. E ....BIT "A" COLLIER COUNTY FIRE CHIEFS' ASSOCIATION Memo I C-89-13 Elf Date: 11-01-89 To: Ail EMS, Fire, Comm Personnel Initiated by: ~omm. Committee Subject: Cross Streets Page 1 of 2 To establish a procedure for the announcement of the cross street, street off of, or place name in the vocal announcement. DEFINITIONS: Not applicable. Collier County has many streets with similar sounding names and some streets with the same name. it, therefore, becomes important that some additional information be'given to help personnel more easily locate incidents. Information, such as cross street, major intersecting street, and communities will provide this aid. Additional information to help locate incidents shall be given as available in the following priority. Only one item of information should be given on the second vocal after the address. Additional information may be given, if available, after acknowledgement. Priority and Definitions Cross Street Closest intersecting street to address of incident (closest street is used because units may not be responding from the same direction at all times). Off of Main artery or highway which subject streets runs off of. Community Community name if known. Subdivision Subdivision name if known. Building Building or establishment name if known. Not applicable. ~-~HiBIT COLLIER COUNTY FIRE CHIEFS' ASSOCIATION Hemo t C-89-16 Ef~ Date: 11-01-89 To: All EMS, Fire, Comm Personnel Initiated by: Comm. Committee Subject: Standard Response Procedures Page I of i PURPOSE: To establish a standard response procedure for dispatching of apparatus to emergency and non-emergency incidents'. DEFINITIONS: Not applicable. BACKGROUND: Self-Explanatory PROCEDURE: A standard response plan %o incidents ia presently being developed by the Collier County Chtels' Aaaociation. Until this process is complete, fire and EMS units ~ill continue to be dispatched on a single agency basis as is presently being done. The goal of this procedure will be to establish automatic aid and multi-engine company, truck company, and specialized apparatus reiponse on initial dispatch of an lnciden~. DI~CUBEION~ Not applicable. Not applicable at this time. E:<HI21T COL L IER CO UN TY FIRS T RESPO:",'DER BLS STANDING ORDERS ST.4 TEMENT OF PURPOSE Ute mtenuon of Basic Life Support Protocols is to assist the Ft;-st Responders of the nme area fire departments in delivering basic patient care io our commumn', consistent wah medical standards. GUIDELI3'ES FOR TRE. 4 TME..VT The./'otlo~,'m~. general measures shall be applied to help promote speed and e.~c~enc)' when rendering emergent' medical care to the sick, ill, it~'ured or i~t~t'tned. These protocols constitute ~tidelmes for treatment and mm' be altered at the discretion of the attending Paramedic or EMS Medico~ Director. .-[. IIT~en applicable, obtain verbal consent prior to lreatment. Respect the patient's right to prix'aG' and digni~.,. Courte~..', concern and common sense ~,'ill assure tile patient of the best possible care..4n:' competent aduh patient has the right to refi~se any and all medical care. Should a patient refuse care, )'ou must wait for an EMS unit to arr:ve on scene to assure tile appropriate release form is read ami si~ed by the patient. U~e F,'st Responder shall provide Collier County Emergency Medical Services Department with all the necessary cn'ailable information m a timely manner regarding the patient's condition and treatment to that point, including a copy of the medical report. Upon this interaction. the First Responder will gh'e any assistance to the transport agency. INFECTIO US DISEASE PRO TOCOL ,4. ,.1I all times, use universat precautions. Il ~earing of gtoves to prevent contact with patient bocl3, fluids. U'earing of masks and protective eve wear during procedures h'kelv to generate dtoplet of bo4'fiui&. ~ SEP 18 ;2'37 If'earh~g of gm,'ns during procedures likely to generate splashes of bo4' fluids. Proper cleanh~g'disi~(ecting or disposal of eqttipment and sztpplies. H'ashmg of hands thoroughly before and after patient contact. and after removal of gloves. l.f a First Responder becomes exposed, the procedures listed belon' shouht be follo~ved to include: The contaminated area should be washed thoroughly with soap and water as soon as possible. .-lcfi'ise the EMS crew so they can relm' to tire E.R. Physician ~rhere patiem is tra~sported to that a "significant exposure" has occ~rred a~rd req~test that the source patient be tested. L P.4 TIE. S,'TASSESSME.\'T Initial assessment and emerge~c)' treatment of lhe patient mttst be carrted out sim~t[taneotts[.x', keepit~g tre:xment priorities in mind. Primary Survey: The prima;3' sm'vet is utilized to access for life-thrcatemng situations. The primary sut'vev and appropriate therapy should be completed #nmediatclv and e.~cientl)' upon reaching the patient. ItT~en appropriate, stabilizing therapy (cervical sp#~e immobilization) should be instituted abnost shnuhaneous[)' with the primary survey. The First Responder Team should complete the primary survey within 60 seconds, checking and~or performing the following. o A ss ess ,4 in v ay a. Assess paten~, of air, ray. b. Establish and maintain patent airwa2,.'. Determine tlre adequao' and rate of respirations. Follow American Heart .4ssociation ~4H.4) BCLS standar&, ~necessa~. Assess Breathing (see Respirator. Emergencies Pt'otocoO ~~~ a. Look, listen andfeel for movement of air. ~:'.~: ,-~, o 5. b. Support respirations as needed. c. Look for s3.'mmetrical chest movement. · d. Look for an5' sig~s of respiratory.' distress (cs. 'anosis, use of accessory, muscles). e. Record respirato~.-v, rate and quali~.'. Assess Circulation a. Assess carotid or femoral pulses (rate and quali.ty). b. If indicated, perform CPIL Follow AHA BCLS standards. c. Check for signs and sy.'mptoms of circulatory compromise (pallor, diaphoresis, delco,..ed capilla~.' refill). .qssess For Life Threatenbtg Bleeding Control e.'csanwtinathTg hemorrhage appropriately, .4 ssess L tn,el of Cott$clotlstt ess The A. [CP. Ct. method shouM be used for b~itia[ neurologic evaluation: A - Alert It- Responds to verba[stimu[i P - Responds to pai~¢d stimuli U- Unresponsix'e Secondan.' &m'ey: The seconda~3' survey occurs q/~er the prima~T survey has been completed and appropriate action has been lal'en. It is a complete examhTatio~ designed to checL' for specific, although not necessarily life-threatening injttries. The secondary sztr~'ey can be performed in conjunction with the prima~3' sttr~'e.l, or when appropriate throughout patient treatment. The Fire-Rescue Team should perform and/or check for the following. Vital Signs: Blood Pressure: Ail medically related calls should hm'e a "complete" assessment of the s3.'stolic and diastolic pressures. If extenuating circumstances exist, such as active seizures, a systolic blood pressure mm' be palpated. [lq~en a blood pressure is palpated, narrative documentation mttst be provided regarding the reason it was necessa~.. As soon as possible, complete blood pre..ssures shall be auscultated and D'auma patients mm' hm'e blood pressttres oalpated as long aslthe ! SEP I ~ prohibits a complete assessment. Once the situation is stabilized, complete blood pressures must be auscultated and documented. . Respirations: Check and document for rate w?d quali~.'. Temperature: ,[htst be taken on all medical patients. Histot3': Use the AMPLE method: 1. A - Allergies 2. M - ,[[edications -Determhle what reeds the patient takes. Note the dosage and schedule. Whenever possible, bring the medications to the hospital with the patient, and document it on the rttll report. 3. P - Previous illaess 4. L - Last meal 5. E - Details of &e presem complaint and precipitath~g events. Head to Toe SurvO' A thorough hands-on e:camination to inchtde remov#:g cloth#:g over the injured areas. The survey should h?chtde: Skin Color - document if the sk#t is: a. Normal b. Pale c. Flushed d. Ashen e. Cyanotic Skin Temperature - document if the skin is: a. Hot and dr), - or - hot and moist b. Warm and dr)'- or - warm and moist c. Cool and dr,.,' - or.,- cool and moist ,'0 o Pupillat? Reaction a. Equal and Reactive b. Equal and Unreactive c. Unequal Capillmy Refill a. < 2 seconds b. > 2 seconds 5. Distal Pulses 6. Current Ph)'sician 7. Age and Se.,: 8. If'eight (in kilo,'ams). Approximate if unable to determine exact. 9. Specialized exams as necessar)' (e.g. cardiac, neurologic) Rele~'ant Information: 1. Patient's chief co,tPla#~t, pertb~ent medical histon.', allergies. :Vame and age of the patient. 3. Pertinent resuhs found on physical examination. 4. Mechanism of injuo', if found. AIR IVA Y M.4INTEN.4NCE AND OXYGEN ADMINISTRATION: Dq~ere stated in the specific treatment protocols as "Secure an airway attd administer Supplemental O.D'gen as indicated", the following guidelines should be followe& ADMINISTERING OXYGEN: Nasal Cannula: mild respirator, distress. 4 - 6 LOnm (2 L/rain for COPD patients) for patients in ~ ~UCMT~....~ ~ SEP 16 ".'- Non-rebreather mask (NIL$I): 10 - 12 L/min for pa. tients in severe respirator3.' distress, third trimester emergencies, significant trauma and circulatory deficiencies. Pedi, qnfant simple mask: .-t minimum of 6 L,h~m must be used. NO TE: Patients with known COPD and C02 retention should receive low flow o.\'ygen itt order to avoid suppressing the ventilatory drive created by the chronically Iow o.\'rgen saturation of the blood. Higher santraffon lex'els may suppress these patients' o.',3'gen drive. This caution must not. bowes'er, 2arex'ent the administraffon o ht'oher lex.els o o.rv en itt sex'ere distress. Be prepared to use a B 151t and continttally reassess the ABC's. ESTABLISH PA TENCY OF AIR B"A Y Air*var Management: Clear obstructed aitm'm's ush~g the appropriate techniques. If necessao', insert an appropriate airwcn' device to mamta:n the airwcrv /orophat3'ngeaL nasophao'ngeal). Obstructed A ir,ray Conscious - a&ninister abdominal thrusts (adult or child) or alternate benveen back blows and chest thrusts (infanO depending on patient sitttat~on until the obstruction is relieved or the patient becomes unconscio us. Unconscious - Attempt to ventilate the patient. If successfid, continue to assist patient respirations, lf unsuccessfid, reposition the head and attempt to ventilate again. If still unsuccessful, administer 5 abdom#~al thrusts (adult and child) or 5 back blows then 5 chest thrusts (infant) depending on patient situation. Perform finger a3veep (on an adult onl)9 if necessar3,... NO TE: Attempt venfflaffons after each tnaneuver. Conffnue this sequence until the patient regains conscio~~.~ morequal~edheCarrives. ] Respirator)' Arrest I. 2. hlsert orophao.ngeal or nasophar)'ngeal airwm'. I"entilate the patient once eve~. 5 seconds for an adult, once eve~.' 3 seconds for a child, and once every' 3 seconds for an infant, utilizing an appropriately sized bag-valve mask with reservoir. When using the bag-valve device connect the supply tubing to the o.~. gen tank at a flow of l$ L~min. with tile resers'oir bag attached. IL MEDIC4L EMERGENCIES Chest Pain of Cardiac Origbt 1. Petform patient assessment and document findings. 2. Hm'e patient remain quiet in a position of comfort. 3. Secure an air, rm.' and administer sttpplementa102 as indicated. Cardiac Arrest PrimaO' survey - advise advanced life support unit of cardiac arrest. Perform adequate one or t~ro person CPR according lo tile most current AHA BCLS standards. 3. Appb' SA ED Comatose Patients 1. Perform patient assessment and document findings. Secure an air, va3' and administer supplemental 02 as indicated. Assess scene for possible causes. Seizures I. Perform patient assessment and document findings. Protect patient fi'om injttrs.'. Move objects mvay.' that the patient might strike and cushion the head with a pillow or blanket. 3. Document the severin., and duration of seizure activin.' and rest periods and possible precipitating causes. 4. Secure an air~vm' and administer supplemental 02 as indicated. Stroke - CI'~ 4 (Cerebral I'ascular ,4 ccidenO I. Perform patient assessment and documetzt findings. 2. Seczire an air, yin' and administer supplemental 02 as indicated. 3. D'~' to establish communication ~,'it/t patient. Even though the pattent may be tmab[e to speak and appears to be uttconsciotts. they mm' still be able to hear and understand what is taking place. £ook for siom~s indicating patient can understand )'ou. Indications may be subtle, suc/~ as a glance, a gaze, motion or pressure with a finger or hand or a ttodding of the head. 4. Cairn the patient. 5. Do not give patient attything by mottt]t (they mm' be unable to Diabetic Emergencies 1. Perform patient assessment and document findings. NOTE: If the patient is displaying symptoms of intoMcation, they may acrttally be having a diabetic reaction. Secure an air, yin' and administer supplemental 02 as~.t-'7~ .,.~ Determbte if patient has taken insulin and has eaten today. If patient is conscious and alert, )'ott mol)' give sugar (orange juice, cancA, bar, granular sugar, etc.) IlL TRAUMA EMERGENCIES Trauma Transport Cr{teria .-lll patients meeting an). one of the criteria summarized be[ow ('defined in the D'auma Scorecard Criteria as outlined in Florida Statute 10D-66 and the Collier Counn' EMS Protocol) should be transported to a Traunta Center: Respiratory Rate < I0 or > 29per mh~ute Systolic Blood Pressure < 90 mm Hg Glasgow Coma Scale < or equal to 12 Pediatric D'auma Score < 8 Amputation proxhna[ to the wrist or ankle Penetrating/njur3.. to tile head. necl; chest, abdomen or groin Second or third degree burns > 15% of body surface area Para[3'sis Ejection fi'om motor vehicle (car or truck onlyJ General Tratttna Protocols .[finimize on scene t#ne of the major trauma patient, BLS and immobilization is requh'ed with a cervical device and backboard. Assessment and treatment priorities should be approached in the following order. If the patient is suspected to be a trauma alert. Then the EMS (..ILS) unit tn ttst be contacted and aa~'ised of findings. PrimaO' Survey 1. Stabilize the neck and open the airway with ajcnv &rust. Assess breathing, hmg sotmds and circtt[ation, and check chest while maintahTing both manual cervical immobili_-ation andjmt. Secure an ah'way and administer supplemental 02 as indicated Trauma patients should receive high flow o.D'gen 10-12 L gnin. via non-rebreather mask. o Replace mammal cervical mmtobilization with appropriate cetn'ical immobilization derice, and place the patient on a backboard (see appendix A.) 5. Control bleeding by direct pressure and assess for shock. Secondar3.' Sttrvo' Head Palpate. respect t/re head and skull. Identifi.' all related and significant injuries. £vahtate e)'es for pttpillan.' size. hemorrhage and penetratmg injuries. Assess the nose. ears and mouth for blood or Cerebral Spinal FIuM (CSF). Obsen'e for vomiting and pre~nt aspiration. Obse~'e for com'ulsions in head injuries. .[[ah~tab~ C-Spine immobilization. AIl unconxcio~tx patients with suspected head injuo' shouM be h)pen'entilated by bag-~Ive mast' with resen'oir and supp&mental o.D'gen at a rate of 24 - 30 breaths per mhmte. Maxillofacial (Jmv and Facial Areas) Palpate, inspect for maxillofacial injuries. Treat airwm.' obstruction if present, and control hemorrhage. Bhmt maxillofacial injuries should be presumed to hm'e a C- Spine inju~' until ruled out by x-ray diagnosis. Eve b~jur), a. htspect the eye carefidly and document vistml acuin,. b. If globe is injured, apply a sterile, non-pressur~sessing.~ and cover ~otl~ eyes. ' , sgP; G 5237 c. Do not remove a~. penetrating objects. C-Spine / Neck Palpate, inspect the C-Spine while maintaining immobilization with a cem'ical device and backboard. blspect the neck for distended neck veins and tracheal deviatiolt. Chest 3. 4. 5. Abdomen 2. 3. 4. Extremities .4 uscultate, palpate and inspect the chest, ribs and clm'icle for injuries Oqail chest, sucl'ing chest wound, impaled objects, bruising.} Evaluate and continue to reassess breath sounds. ,-tuscultate heart for rate and adequate heart sounds (Note distant or mt~ed heart soundsJ. .dssess for the presence of narrowing pu[se pressure indicating a possible cardiac tamponade. If the chest is bruised suspect a ~vocardial contusion. Palpate, auscultate and inspect all four quadrants of the abdomen. ..Ipply a moist sterile dressing to eviscerated abdominal wounds or organs. Assess for pelvic fractures. Continually reassess patients with a~. .type of abdominal injm3.. Inspect lower and upper e.xtremities for an;v, deformi.rv fractures, paralysis or paresis (7oss of feeling). Palpate e.xtremities for tenderness, crepitus, peripheral ptdses, abnormal movement and range of motion. l/isualize extremities, and immobilize and splint a~. possible fracture site before moving. Check distal sensation and pu[ses before and after s~linting or manipulation ~ .... $£? ~ ~ · .~ ~7.__ _~5'.r'" ..... ;;;.--~ o Neurolagic 1. 3. Shock .4pply gentle traction to any non-resistant, angulated extremio' ft'acture. Check distal sensation and pulses before and after stabilization. Splint joh~t h~juries h~ the position found, bnmobilize both above and below the joint. Support hip dislocation with both pillows and uninjured leg h~ the position of comfort. MAST suit (if m'ailable) can be used to stabilize femure, hip and pelvic fractures. Control bleeding by direct pressure and assess for shock. Cover open fractures and amputations with moist sterile dressings. Amputated parts need to be in a sealed plastic bag (if m'ailable?. Do not place the part directly on ice or wrap h~ moist dressings. Assess the motor and sensor~' responses of extremities. Reassess the Glr.'sgow coma score, level of consciousness L-t I'PU) and the size and reaction of pupils. Contimta[[l' reassess for an)' signs of head i~uO'. I. ook for att3' of these signs attd symptoms when assessDtg the patient: 3. 4. 5. 6. 7. 8. 9. Confusion, restlessness, or combativeness l I'eab~ess Thirst Pallor Tachycardia (pulse > 100 per min.) S, reating (diaphoresis) Tach3pnea (respirator., rate > 30 per min.) Co Id skin Hypotension (blood pressure < 1 O0 O'stolic} Spinal Shock Signs attd Symptoms: 2. 3. 4. Decreased blood pressure . Slow and strong pulse Skin warm and dry koss of thermo.regndator3, mechanisms, causing a loss of bo~' heat (hypothermia). Treatment Priorities for Shock 2. 3. 4. 5. Open airway and control cervical spine. Assess breathing and circulation. Stop life threatening bleeding. Recognize signs and ~.'mptoms early in treatment. Cover patient with blanket to prevent loss of body temperature. SPECIFIC TR.4 UMA TIC INJURIES Gttnshot attd Stab IVottnds Perform patient assessment and document findings. Secure an a#'wm' and admhffster supplemental 02 as indicated. E:cam#~e patient for entrance and exit wounds. Cover all ~t'ounds with sterile occhtsh'e dressing. Stabilize impaled objects in place. Head Trattma Control cervical spine and pe~form patient assessment, document findings. AI[ unconscious patients with suspected head injury should be h3~erventilated by bag-valve mask with reservoir and supplemental o.x3. .gen at a rate of 24 - 30 breaths per minute. A ttto .4 ccidents Control cervical spine and perform patient assessment, document findings. Prior to extrication, apply cervical collar and KED (if"-'-,..-~... ..... i S£P la :2'37 Perform rapid extrication. .4dminister appropriate treatment for specific in. juries as necessar),.'. BilrlIs Stop the burn#Tg process if active burnhTg is present. Perform patient assessment and document findings. Evaluate patient for extent and severi~, of burn(s} utilizing "Rule of.Vines" (see appendix C). Cover the burned area with dr5', sterile dressings. If the burn was due to a chemical agent, flush the area with large amounts of water. If the burn was due to d~' lime, brush off the dry lime prior to flushing. Burn patients should receive high flow o.v,.'gen, 10 - 12 L/min. ,'ia non-rebreather mas/,', if shortness of breath, shock, or evidence of respirator.' tract i/~tt~, is present. Eye E~nergencies Evaluate mechanism of injurs'. For foreio°'n bodies or chemical exposure, flush eyes with large quantities (up to 2000 cc) of sterile Normal Saline. NOTE: The exception of this rule is a penetrating injury of the eyeball Fhtshing should take place immediately. However, transport shotdd not be delayed to complete flushing. If necessao'. perform flushing during transport. Cover both eves with eye pads and dr3.' sterile dressings. Maintain contact with the patient for reassurance. IV. E:x,'VIRONMENTAL EMERGENCIES Heat Etnergencies Perform patient assessment and docutnent findings. Move the patient to a shaded, well ventilated area. Secure an airwm: and administer supplemental 02 a~dT~'.~....rl-7 ..--'-.--7..7 : ~ ~' ..~ ! o Cool the patient rapidly by remov#~g excessive clothing and applying large amounts of cool water, do not apply ice, cover the patient with wet towels, or give the patient coM liquid to drink as all these procedures will hamper the body. 's cooling process. Cold Emergencies Gently remove patient from coM environment. Rough handling of the h.~vothermic patient can cause cardiac arrest. Remove any articles of damp clothing from the patient. Cover the patient with blankets. Secure an a#nrm, and administer sztpplementa102 as indicated Il 'ater-Related Accidents 2. 3. 4. a long Suspect a cervical or head inju~' on an5' patient in a water- related accident. Secure an airwm' and administer supplemental 02 as indicated. Control cervical spine and perform patient assessment and document findings. Begin resuscitative measures even if patient was submdrged for period Fully immobilize patient as soon as possible. Poisoning Perform patient assessment and docu~nent findings. Secure an air~vm, and admh~ister supplemental 02 as indicated. Ascertain the following information: a. Iffhat did the patient take, how much and how long ago? b. Collect all medicine vials or containers im'olved for transport to the hospital. Hazardous Marbte Stings attd Bites water. Perform primary survey'. Perform secondary survey, when appropriate. Remove tentacles or residue by flushing the area with sea o Secure an airwm' and administer supplemental 02 as indicated. Sting rm.' stings are to be treated with heat. :VOTE: DO NOT USE FRESH IE4 TER ON THE AFFECTED AREA. Snake attd Insect Bites Perform patient assessment and document findings. T0' to obtain the following i~formation: a. Ute O'pe of snake or insect. (If possible, collect dead snake or insect for ident~cation.} b. I~ 7~ere did it bite the patient and how long ago? Remove any constricting clothing orjeweby on the a~cted e.x'lrem i~'. bnmobi[ize the extremi~' and keep the extremiO' lower than the level qf the heart. Animal Bites Per£orm patient assessment and document findings. Dy to obtain the following information: a. The O'pe of animal. b. I[7:ere was the patient bitten and how long ago? Stop bleeding and cover wounds with sterile dressings. Secure an ai~'wcrv and administer supplemental 02 as indicated. .4dminister appropriate treatment for specific injttries as necessary. Decompression Sickness (Dive AccidenO Perform primal.' survey. Petform secondary survey, when appropriate. Place patient in supine position. NOTE: There is no support for the left lateral decubids position or trendelenbttrg as may have been prmqously recommended. Trendelenburg has been shown to be har.~tl ~x'cept possibly in the first 20 minutes after sttrfacbtg. ~ ~ ...... ; ~ ~ .... Secure an airwm, and administer supplemental 02. 02 via non-rebreather mask is indicated. High fiow OBSTETRICAL EMERGENCIES ,N'ormal Delivery Petfotw~ patient assessment on mother and document findings. Assist the baby as it is delivered. Never attempt to pull the baby out. Keep baby at the same level as mother until cord has been chlmped and cttt. Sltctiot1 the moutlt and the nose with a small bldb suction. hTsert the bulb squeezed and then release the bulb to suction appropriate6'. Clamp the umbilical cord at 6 and $ inches and cut between clamps. Perform patient assessment on the baby. l~'rap the baby to preserve bocA' ]teat..4dvise the .4LS totit of baby's condition. Secure an air, tm' and administer supplem~ental'02 as #Tdicated. .4n .4PG.4R score should be completed at 1 and 5 re#rotes after de/ivem' (see appendix C). Prohtpsed Umbilical Cord Perform patient assessment on mother and document findings. Place mother #7 supine position with hips elevated. Secure an ait~t'm, and admbtister sttpplementa102 as b~dicated. IfTth a sterile gloved hand. gently push the baby up the vagina several inches to relieve the pressure on the umbdical cord or until a pulse relurns to cord. ~tis position must be maintained. U.rap exposed umbilical cord with sterile dressing moistened ~rith sterile Normal Saline. Palpate and document the pulse in the umbihcal cord. Breech Birth Perform patient assessment on mother and document findin~s Secure an aM,'~ and administer supplemental 02 a~di~ bt the baby's head is not delivered within 3 minutes, action must be taken to prevent suffocation. With a sterile glove hand. form a "I"" with fingers on both sides of the baby' 's nose and push the vaginal wall mvm., from the baby's face (assess for breathin~ until the head is delivered (suction if possible). .Vever attempt to pull the baby out of the vagina. This is a medical emergenc),. Rapid transport is essentml for a positive otttcome. Third Trimester Bleeding Perform patient assessment on mother and document findings. Secure an air, tm' and adm#~ister supplemental 02 as indicated. Place patieat on left side to prevent lry'potension. .\'ever attempt to e:camme the patient internally'. Trattnta Itt Pregnancy I. Perform patient assessment on mother and document findings. 2. Secure an au'~vax' and administer supplemental 02 as indicated. 3. Place patient on left side to prevent lo~otension (~there is not danger of spinal inju~39, or tilt the backboard so that the mother is leaning to the left. Not only does this prevent obstructioa of the vena cra'a, it also makes aspiration less likeA' ~she vomits. 4. Trauma to the abdomen mm, cazae bleeding inside the utemts. .[lark the top of the utemts with a marking pencil. Enlargement qf the utemts suggests intrauterine bleeding. 5. Monitor vital si~s fi'equent~v and watch the abdomen for si~s of intra-abdominal bleeding. 6. Shock is more d~cult to diagnose in the pregnant patient, but the most likeb, cause of pre-hospital death is~om injuo' to the uterus. Shock also kills the baby quickly since the blood supply to the ferns is shut off when the mother is in shoc~ 7. The most common cause of traumatic fetal death is the death of the mother, so the goal is to get the mother to the ER alA'e. PEDIATRIC PR 0 TO COLS Pediatric Allergic Reactions Perform primam., survey. Secure an aims'm, and administer supplemental 02 as indicated. If the chiM is resistant to the use of 02 equipment, a mask hem close to the face is a good ahernative. Perform secondary' Pediatric Seizu res Perform primar)' survey. /./'possible. secure an airwm' and administer supplemental 02 as indicated. Protect the patient fi'om ?erform secondam' sm'rev. Febrile Seizures .4cm'e!y tn' to cool patient's boc6.' temperature. Remove all clothes (inchMmg the socksj. Cool patient bi' sponging with coo.___l water. DO NOT cover paffent with a wet towel, apply ice or give cold liquids to drink. Pediatric Altered Level of Conscious,ess Perform primaO' sum'ey. Secure an airwm' and administer su.wplemental 02 as indicated. Perform seconda~3' s,o'vey. Pediatric Asthma Perform prhnao' sttrvev. Secure an aimvm' and a&n#~ister supplemental 02 as indicated Perform secondary sto'vey. Croup / Epiglottis Petform primar>.' survey. Perform secondam.' survey. ; SZP; G Administer 02 only if the patient will tolerate it. If child is resistant to the use of 02 equipment, the mask mm' be held close to the face rather than secured to the child. If the patient is cyanotic or has an altered mental status. ventilatoO' effort may need to be assisted. Do not introduce oral airwa3.'s, tong~te blades or any other device into the patient's mottlh, as this may precipitate lao'ngeal spasms and severe swelling, causing a complete airway obstruction. PEDL4 TRIC TR.4 U3L4 Primary Stttn'ey .4invuy Jo Establish a patent ah'win, and immobilize the C-Spine. Maintain a neutral position ~'ith manual hmnobi[ization until a cervical immobilization device and backboard is applied. Assist ventilation if level of consciousness is decreased or the pat:ent fails to respond appropriately to voice. Breathing 1. Expose the chest. Auscultate hmg sounds. ,Vote depth and rate of respirations. 2. b~spect and palpate for unilateral or bilateral chest movement. and any other signs of injuo' to the area. 3. Administer high-flow o.n.'gen. 4. Assess for tension pneztmothorczr, and open pneumothorczx'. initiate intetn'ention and treat appropriately. 5. Reassess vitals to evaluate effectiveness of the intervention. 6. Ii'arch for gastric distention to m'oid impairment of respiratoo' e~'ort and'or decreased venous return. Circulation Assess the pulse qttali.13,', rate and reg~dari~.'. Assess the skin color, texture, and capillary, refill~~.~...:...: . ........ ,, ....., .. , shock, i '" i SEP I i3 ,..,. o Signs and ~'mptoms of pediatric patients with serere shock, hypovolem ia: a. Tachycardia, tachypnea b. De[~'ed capilla~' refill c. A~rieo,&estlessness ~otension flare, omh~otts si~j Briq~y assess the chest, abdomen, and extremities for l~e threatening bleeding..4pp6' direct pressure dressings w bleeding sites. DisabitiO' .4ssess the roatie~t's neurological status. fo Glascow Coma Score (see appendi, rj Pediatric D'auma Score (see appendir, j Pupil size and reactton H)'~er~'entilate if the Ie:'el of consciousness is decreased Secondat3' Sttm'ey Follo~r same protocol as adult secondam' sirra'e)'. APPENDIX A B,4 CKBO.4RDING 1. .~[anually stabilize C-Spine. Supplement manual stabilization with an appropriately sized Cervical hnmobilization Device. Continue manual stabilization until patient is fidly stabilized on backboard. (Preferred pedi-immobilizer) l. og-roll tile patient on side, check back for injuries, then place tile backboard under the patient, with the patient's head I to 2 feet fi'om tile top of the board. Now roll the patient onto the board. The person at the head makes all the calls as to when to move patient. Slide patient as a unit up into position on the backboard. Strap t/se patient to the backboard, starting with tile bo~,first. The straps should be criss-corssed across tile chest, followed by tile hips and legs. The head is the last part of the bodv to be secured to the board. ,4 IR II ~.t Y ,4 DJUNCTS Oro£h at3'ngeal ..tirway I. /IPPENDLY B Determine size of aian,'ca.' needed (distance bem'een corner of nzoztt/~ a,d ear lobe). h?sert with curve pointi.g upward and rotate 180 degrees while inserting. If patien!, exhibits am'. o"ac,o reflex, remove air~'m'.. A PPENDL¥ C EYES 4 Spo.t. 3 To Voice 2 To Pabt 1 Unresp. GL.qSCOIIZ COMA SC.4LE VERB,.I L 5 Oriented 4 Confused 3 lnappro. 2 Garbled 1 None MOTOR 6 Obeys - Comnds 5 Pain - Localiz. ed 4 Pain - Withdraw 3 Pain- Fie. don 2 Pabt - Extends l None A PPENDL¥ D A PG.4R SCORING TABLE The .4pgar scoring system is wideA' used as an indicator of &e need for resuscitation of the newborn. Five objective signs are evaluated and the total score is noted at 1 mimttes and at 5 minutes after &e complete bh'th of the h~fant. If the 5 mhmte .4pgar score is less than 7. additional scores are obtained eve~'t' 5 mimttes for a total of 20 mbTutes. The heart rate of the newborn is determhmd by listening to the chest with a stethoscope or by feeling the cord stump for arterial pulsations. Respirator5, actb.'i.tv is judged by the newborn's breathing efforts and rate. Muscular tone is best seen in the extremities m respo,se to slhnzt[atiott. Reflex actA'irt, is best evaluated during suctioaing of the naso- and oropharvnx or when'handling of the infant. Most newborns score onO. l for co/or both at one and five minutes o/' age. as there is always so,re degree of peripheral c3'anosis (acroG'anosis). The need for immediate resuscitation can be ,tore rapidly assessed by evahtatbtg the heart rate. respiratoo, activirt' and color, ihan bv the ~otat APG. dR score. Since even a short delta' in initiating resuscitat'ion mm' resuh in a long delco.' m establishing spontaneous and reomdar respirations, res~tscitation should be started immediately when h~dicated by #,adequate respirations and'or heart rate. It should not be delta'ed while obtaining the one-minute score. ' SE?; G .... "' r'. P"~ ~.'~ Fr~ h~ c~, ~" mp Cr~w Mem~'r I _Lq, _Min.; _th.k _llm~ ?ida ~ Coa~c~ rn~p. Arr. ~ Xrv~ Dc~. T.._ToV, i,,,,, 4 Cb,,.4b,,d $ ; SEP i G ::~7 ', COLLIER COUA-I'Y EMS QUALITY ASSUR,%NCE WORKSHEET AP,. NAME: CREW MEMBER: I DATE: I I ~ A B C 'iWI=E: LEVEk I 2 3 4 YES NO COMME%WS PL~,TE DEMOGiCM~HIC DOCL~,tENT COMPLETE? ASSESSMEN-i' COMFLETES? IS CHAR'ITNG .-~PPROPL~TE? TREATMEN'r PER PROTOCOI WAS TLME ON SCENE .'M~PROI IF i~O. EX'P LAIN RE~qEYCED BY: COMMEN'TS. DATE: i / SUPERVISOR: COMMEN'rS DATE: / / IqELD KESOD'RCE OFFICER: COM.MEN-['S: DATE; I I MEDICAL DIRECTOR: COMMENq'S: DATE~ I i EMPLOYEE SIGNATURE: COMMEMTS: DATE: I / EXECUTIVE SUMMARY COLLIER COUNTY CITIZEN'S PRODUCTIVITY COMM~'TTEE REPORT ON THE PURCHASING SYSTEM REVIEW AND DISCUSSION OF Tile FUTURE DIRECTION OF THE PRODUCTIVITY COMMITTEE. ~: To present the Citizen's Productivity Committee Report on the Purchasing System Review and to ask the Board of County Commissioners to provide future direction to the Productivity Committee. ~: The BCC has requested that the Productivity Committee report to the Board periodically on their activities and recommendations. The Productivity Committee has completed a report on the Purchasing System within Count)' Government which they are ready to present to the Board. They are also asking the Board to provide future direction to the Committee. ~PACT: None. GR WTHMAN GEMENTIMPA T: None. RECOMMENDATION: That the BCC consider the Citizen's Productivity Committee presentation and recommendations, and provide direction for future action if appropriate. Prepared By: / .... ' ' Date: Sheila Leit; Budget lyst II Reviewed By: - --' ' '/',. " - "--- Date: ~fck G. McKenna, County Government Productivity Committee Michael Smykowski, Budget & Management Director Revi .ed ,.: . -'¢ Da,e: Robert Fernandez, Cour~ty Administrator AGE~,~DA ITEM .... SEP 1997 Pg. t COLLIER COUNTY GOVERNMENT PRODUCTIVITY COMMITTEE FINAL REPORT TO BOARD OF COUNTY COMMISSIONERS ON THE PURCHASING SYSTEM REVIEW SUBMITTED BY APPROVED FOR: COPIES: ASING SUBCOMMITTEE David R. Craig Charles Geller PROD,~TY COMMITTEE Board of County Commissioners Roberl Fernandez, County Administrator Leo Ochs, Support Services Administrator Steve Carnell, Director of Purchasing Ed llschner, Public Works Administrator Adoifo Gonzillez, OCPM Director Mike Smykow~ki, OMB Director Productivity Committee File Copies 4 AGENDA ITEM.., .c;EP I6 1997 i'-~. ?~..... I Il III IV V VI 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. VII I. 2. 3. Attachment I Attachment II Attachment III Executive Summary 1 Purpose 3 Personnel Conducting Study 3 Personnel Contacted Attachment 1 Scope and Methodology 3-4 Overall Observation 4 Recommendations 5 Avoiding Conflict of Interest 5 Negotiation of Changes by Consultants 6 Change Orders: Authorization and Negotiations 7 Development of a Past Performance Data Base 8 Source Selection BCC Approval Authority 10 Enforcement of Purchase Order Terms and Conditions ! I-12 Purchase Order Schedule Delinquency and Compliance 13 Use of Innovations in Purchasing 14 Emphasis Required for Developing Procedures and Training for County 15 Employees Use of Two-Step Sealed Bids 16 Consolidation of Purchases of Standard Heavy Equipment 17 Adequacy of Contract Files 18 Continuity of Legal Support i 9 Close-out: Contract Completion and Final Payment 20 The Need for Cost Analysis Capability 21 Use of Field Purchase Orders 22-24 Use of Standard Terms and Conditions 25 Special Topics 26 Design/Build Contracts 26 Best Value 27 Lump Sum or Unit Pricing in Construction Contracts 28 Personnel Contacted 29 Bid/RFP Number in Sample 30-32 Process Flow Diagram Procurement AGENDA ITEM $£P l fi 1997 Executive Summary This is a report of the Collier Count)' Government Productivity Committee regarding thc Purchasing Department and the overall procurement system of Collier County. ~ Our Subcommittee found that Collier Count5' employees engaged in the procurement process x`.cre dedicated and committed to their job despite pressures of growing workload, workforce reductions and high turnover rates. The overall procurement system was found to be working despite the need for selected enhancements and the necessity to develop a better trained and more professional work force. The findings listed in the attached report are significant and urgent to avoid potential problem areas. While it is difficult to compare the apples of procurement system c_ommitmenl~ to the oranges of total _expenditures. of the Count)'. it should be noted that the best information available to the Subcommittee is that approximately 66% of the County's total expenditures, other than debt sen'ice, are through thc Purchasing Department. Further. if not performed to the highest standards, purchasing actions contain a significant element of risk which could imperil the integrity of the Count)' system at the taxpayers' expense either in the quality of goods and sen'ices or added unnecessary costs. The designated Subcommittee of the Productivity Committee studied Fiscal Years 1994. 1995 and 1996 procurement actions, included in a sample of 73 significant purchases identified and selected by the Director of Purchasing. These 73 are in his judgment representati`.'e of the broad spectrum and values of purchasing actions handled in his department. The judgment sample represented large dollar value purchases and ,.,.'ere considered a good cross section for this study. Subsequent to thc start of its study, the Producti`.'ity Committee added a requirement for investigation of the use of Field Purchase Orders. the results of which are included in this report. Eighteen (185 findings resulting in recommendations are detailed in this report. The most important and hi best rioritv r commendation conce ay idin conflict of interest. Recommendations include the development of a past performance database to be used as a tool in source selection, improvement in the methodology of negotiation of change orders and contract modifications, and enforcement of terms and conditions of executed purchase orders. Overall, this Subcommittee believes that the implementation of decentralization of the purchase process needs some modification to involve the Purchasing Department in negotiation of changes, handling of delinquencies and enforcing contract remedies. The Subcommiuee stands ready to assist in implementation of these recommendations through drafting of procedures. training of people or any other actions required. The recommended improvements detailed in the body of this report generally are not critical of count)' management or the competence of its employees. Rather, they are changes to organization, systems, methods and training that will allow more efficient operation of the County's procurement system for the future as the quantity of procurement transactions expands with the projected growth of population. The recommended improvements are principally in the nature of cost avoidance rather than measurable cost savings. The recommendations have been listed in a general order of priority. Suggest that implementation be initiated in this relative order. Overall, recommendation 10 dealing with procedur~ ~ be initiated immediately since it is necessary to reinforce the new procedures requin fl. AGENDA ITEM No.._$_t..CO._ SEP 16 1997 .-- This committee was vc~' sensitive to not ovcr emphasize the 'procurement proccss" at thc detriment thc product or service to bc acquired. Dotting thc "i's" and crossing thc "t's" was not our objective. Thc adequacy of thc procurement process and assuring thc best possible goods and services at a competitive price, within a reasonable time, were our objectives. We believe this report scrx'cs that purpose. The Subcommittee wishes to express its appreciation for the cooperation, supporl and suggestions of the entire Collier County staff, with special recognition ot' the assistance of the Director of Purchasing. the Director of the Office of Capital Projects Management, Ms. Sheila Leith, Liaison to the Productivity Committee and Ms. Robin Bialkoski, Senior Secretar7 of the Office of Managemen! and Budget. AGENDAITEM No..~.~_~ 5 SUBJECT: Review of Procurement Operations of the Collier Count3' Government. PURPOSE: This Subcommittee was formed in September 1996 to review the purchasing operations of Collier County. The review was approved by the County Commissioners and the Productivity Committee under the chairmanship of Jack McKenna. Areas of special interest during this review included (1) the use of "design-build" contracts. (2) expanded application of "Best Value" in source selection and (3) whether "lump sum" or "unit pricing" should be used in construction contracting. II. PERSONNEL CONDUCTING_.__STUDY: Bernard L. Weiss, Major General, USAF (Retired) and Retired Officer of Sunstrand Corp.. CPCM*/NCMA Fellow Mr. David Craig. Grumman Corp. Executive (Retired). CPCM*/NCMA Fellow Mr. Charles Getler, Ford Motor Company Executi,.'e (Retired) IiI.PERSO~ A TED D RI' THIS ST DY: List on attachment 1 Iv. sCOPE AND METHODOLOGY: The Subcommittee decided to focus the review on high value ~urchases generally in excess of $50,000 from the 3 main categories of purchases as follows: 1. Competitive Sealed Bidding 2. Competitive Selections and Negotiations 3. Competitive Proposals At the request of the Productivity Committee members, the review was expanded to cover thc usc of Field Purchase Orders wherein, County using activities issue Field Purchase Orders (FPO) up to S500 in value for necessary supplies and sen'ices. All told. approximately 73 major purchases, in addition to the FPO's, were reviewed in detail. These purchases were selected by Mr. Steve Carnell. Purchasing Director, on a judgment sample to allow the Subcommittee to view a cross section of purchases made during Collier County's Fiscal Years 1994, 1995 and 1996. The great majority of purchases were from Fiscal Year 1996 (October 1995 through September 1996). See Attachment 2 for a listing of major purchases reviewed. The effort started with a file review within the Purchasing Department. followed by meetings xx ith the requesting activity and/or the Office of Capital Projects Management(OCPM). Where files were available, they were reviev,'ed to determine status of the purchase or project, action taken, problem areas and payment information. Using a systems approach, the next step ,,,,'as to meet with representatives of the Finance Department to track payments, credits and/or refunds. In summary, our review started with the requirement being received by Purchasing, RFP, bid opening. award, contract administration by the appropriate activity, contract payment and close out. \\'hen referring to the systems approach and the whole process from requirements generation to final payment, we call this the ~ ~ as compared to the purchasing function of awarding purchase orders. See Attachment III which contains a flow diagram reflecting the procurement system. It must bc emphasized that while 73 purchases, in addition to the FPO's, were in our population for review, we did not check each of these phases for each purchase action. We were concentrating on purchases with problems or noteworthy and commendatoD' pracY/ic~s. ~,~,..'t 'l;A t,.~ *Certified Professional Contract Manager by the National Contract Management Association. 1997 At the conclusion of the review, we did survey the use of Field Purchase Orders to determine compliance with approved procedures, possible misuse of this tool and or possible fractionalizing of purchases to acquire supplies or services, ultimately, in excess of S500. The result of this review x¥ill be included in the recommendation section of this report. OVERALL OBSERVATIONS: Contact with Collier County employees engaged in various facets of the procurement process revealed a dedicated, committed workforce accomplishing its procurement mission in spite of the growing workload, high turnover rates and loss of key management personnel. As currently structured, the Purchasing Department awards ness' purchase orders, with the exception of Field Purchase Orders which are issued by the requiring actMty. Steve Cameli and his staff have thc responsibility for placement of the purchase order while administration is usually assigned to the using activity, and/or OCPM. Even major changes to purchase orders awarded by Purchasing are negotiated by the administering organization with little or no involvement of the Purchasing Department. \Vhere ci~anges require Board of County Commissioners approval, because of dollar value thresholds. Steve Camell will review and coordinate on the Executive SummaD' Sheet which goes to the Board. but he doesn't participate in the negotiation. The Collier County Purchasing System is highly decentralized by placing significant project and fiscal responsibility in thc hands of Count.',' employees outside of the Purchasing Depanmem. This is not totally different from the practices followed at the State level or by other Counties which we contacted withi~ Florida. Because of this decentralization, some problems became evident. They are discussed below. To better understand the volume of purchasing workload within the Count.,,' for Fiscal Year 1996. thc following is presented: FY1996 NUMBERS DOLLARS Purchase Orders 5.276 $157.500.000 Modifications 2.399 $12.100,000 Sub Total 7,675 $169,600,000 Field Purchase Orders 4.980 $812,000 Grand Total 12,655 $170,412,000 Overall, the Procurement System, as reviewed, was found to be working and in compliance with the established procedures. The recommendations that follow hope to improve on the existing policies. procedures and practices. As Collier County grows in population and business activity, so will the purchasing workload. Steps need to be taken now to enhance the development, training and expertise of those County employees who participate in the procurement process. County employees need to become more aggressive in enforcing purchase order terms and conditions. Again, we did find the Procurement System working, but improvements are needed in the areas discussed below. ~.OEND~ITEM 1997 VI. REC MMENDATION : 1. AVOIDING CONFLIC_._/.OF INTERESTS BACKG~ In certain sections of Collier County Government, there has been a high turnover of employees. As an example, OCPM experienced a rate of 21% for FY 96. In addition, 3 Senior Managers left county government and joined the private sector in thc Naples area. These included thc Count)' Administrator, the Director of OCPM and the Dircctor of Transportation. Based upon the nature of their new private sector positions, it is possible that they ma)' have the opportunity to lobby former friends and Collier Count)' employees for the benefit of their new employers. This appcarancc of. or actual conflict of interest hurts the sanctity of the procurement process, weakens citizen faith in thc governmental system, and causes morale problems with existing employees. Florida State General Provisions I12.313 page 850, paragraph 14 establishes a re uircment that former ~ficcrs not be allowed to represent another person for compensation before the governing body for a period of 2 )'ears after vacating their office. The same section i 12.313. paragraph 13 recommends that a County adopt an ordinance that former ountv cm Iovecs may not rs nallv re resent anothcr~ entity for eom ~rnin odv ora ney of which ~ was an en_.q!plovee for a .period of 2 years followinq termination of employment. Collier Count,,,' has to date not passed such an ordinance as recommended by thc Florida Statute. That such an ordinance be enacted to prohibit former employees, above a certain grade or pa.,,' level. to represent others before the County Government for a period of 2 )'ears after leaving Count.,,' employment. Such an ordinance, to be fair to existing employees, should be made effective one )'ear after adoption of the ordinance. For newly hired employees, it should become effective immediately after the ordinance is passed. AGENDA ITEM S EP 16 lq97 VI. RECO31MENDATIONS~ 2. [NEGOTIATION OF CItANGES BY CONSULTANTS UNDER PROFESSIONAL SERVI E REEMENT It is essential that the County retain the ability to make changes to contracts for many reasons. Having directed a change, it is the responsibility of the contracting parties to assign values to the time of performance for that change and to the monetary value of the change, either increase or decrease, so that the contract may be amended accordingly. It has been the County's practice to leave the authority to negotiate in the hands of those administering the project, subject lo review of higher authority. In most cases, this has meant that OCPM is the responsible County Agency as the contract administrator with the requisite authority to negotiate changes. However, the County's §tandard form ~consultant_.~s, a "Professional Sen'ices Agreement', contains a disturbing element in its section A.6 of Scope of Services. which gives the consultant the authority to negotiate changes by the following statement: "A.6.10 Negotiate with the contractor(s), the scope and cost of an>' necessary contract change orders. using as a basis for such negotiations data or other information emanating from the Contract Documents. including but not limited to the bid sheet, technical specifications, plans, shop drawings. material specification and proposed material and labor costs. Prepare. recommend and submit for owner's approval such change orders." If this section is followed as written, the contract administrator is not personally involved in the face- to-face negotiation of the change but only in the approval cycle. Overly close and long relationships between the consultant and the contractor and no demonstrated competence in the consultant's ability to negotiate substantial cost changes make this practice unacceptable. A recent experience dealing with the replacement of sewer and water lines by the vendor reflects the weak position in which Collier County can be placed by the act of a consultant. RECOMMENDATION Change the foregoing quoted section A.6.10 to state clearly that thc consultant is to support thc County's administering organization in its negotiation of changes. The consultant should have no authority to issue change orders or to make commitments as to price or time related to such changes. See Recommendation No. 3 which requires that ali changes in excess of $I0,000 be negotiated by a buyer within the Purchasing Department. AGENDA IT EM-"~"'~ No..g_ ~_(!)... ' SEP 16 1997 pg. VI. RE O.MMFNDATIONS: ont. 3. CltANGE ORDE~HORIZATION AND NEGOTIATION BACKGROUND With one exception, our review of change order negotiations and documentation indicated the lack of developing a Count.,,' negotiation objective (dollars and schedule) and how this objective was established and justified for the final agreed to changes. Florida Statutes require the documentation of files to adequately reflect that the negotiation is in the best interest of taxpayers. Currently. the contract administrator, v,'ithin the using Department or OCPM, has authority to negotiate and execute changes. Yet these employees are not adequately trained, have high turnover rates, and may not have 'knowledge on ho,,,,' the basic contract was priced or negotiated. It must be emphasized that while OCPM does understcmd the technical issues best. the process of contract management requires the business expertise of the Purchasing Department. RECOMMENDATION * A training program should be developed, and given under the direction of the Director of Purchasing, for all existing contract administrators and those County employees who are hired in the future with authority to negotiate contract changes. · It is recommended that all changes in excess of $I0.000 be negotiated by a buyer within the Purchasing Department, with the technical assistance of the contract administrator. While this will add workload to the Purchasing Department. it will provide for consistency and adequate documentation of changes. AGENDA ITEM No.__.~ '~ SEP 1 6 IgB7 VI. RECOMMENDAT~ 4. DEVELOPMENT OF A PAST PERFORSIANCE RECORI)/I)ATA BASE BACKGROUND In our ordinaD' lives, past performance of our sources of supply invariably influences our purchase decisions. It is unlikely that one would buy a car with a known record of tipping over on hard cornering, or send a package by a delivery service that promised overnight delivery but routinely took three days. In addition, we would not go back to a mechanic that did poor work no matter what the price. Similarly, the Count)' should incorporate in its purchasing procedures, its own record of how various vendors performed on purchase orders over a certain dollar value, in the Professional Services area. vendors in their proposals state their record of past performance and where they have done similar work. but they do not discuss how well the work was accomplished. In reviewing the procurement process, no "institutional memory" could be identified in which thc past performance information of completed contracts is routinely recorded and which can be used in future evaluation decisions in competitive negotiated and sealed bid proposals. RECOMMENDATION The County Purchasing Policy should be modified to include a requirement for the maintenance, in the Purchasing Department. of past performance information on completed contracts in excess of 5;25.000. The information should be generated by the contract administrator ('usually OCPM). and by the using Department who receives the product or sen'ice. The information should cover for example: · Vendor's record of conforming to contract requirements and to standards of good workmanship: · Vendor's record of forecasting and controlling costs; · Vendor's adherence to contract schedules, including the administrative aspects of performance: · Numbers and nature of&sign errors or flaws in professional sen'ice efforts. · Vendors histoD' of reasonable and cooperative behavior and commitment to customer satisfaction: · Vendor's business-like concern for the interest of the customer. Additionally, if the contract is for sen'ices, the adequacy of the contractor's personnel experience and performance. During contract performance, the various departments concerned should maintain accurate and complete records as a basis for evaluation at contract completion and for discussion with the contractor during performance of the purchase order or at its completion. A form and methodology should be developed by Purchasing for this purpose. If the contract extends more than one year. an evaluation should be completed on an annual basis. The final evaluation should be given the vendor for comment with return within 30 days. It is important that the vendor's comments be obtained to get a balanced understanding of the problem(s). Past performance records can be used to reward excellent vendors for Best Value considerations as well as be.constructive to improve vendor performance. Contractor disagreements with the evaluation, should be discussed at the Director of Purchasing level. Final evaluation is at the County's sole discretion. Also, see recommendation 7, dealing with maintaining a list 'Disqual'fied Bidde{s": ' ,;~,t'.I'~D/~ ITEM ; ,, VI.RE O~.I.3E'DATIONS: ont. 5. ~TION County procedures for source selection under Competitive Proposals is specified in Purchasing Policy Section Vlll B (2) through (4) and VIII C. It consists of the following procedures: · Prior to the announcement and distribution of the RFP, the County Administrator appoints a selection committee of three or more to evaluate proposals received. · After review of offers, the committee submits the names of three or more proposers, ranked or unranked depending on the instructions of the Count)' Administrator, to the Board. · Final selection is made by or ratified by the Board. The Policy also requires that the RFP "identify the appropriate evaluation procedures and criteria to be applied to the selection of the best proposal among the respondents." Since at least some part of the evaluation is based on business criteria, such as financial capability. past performance and compliance with laws and ordinances relating to the proposed purchase order. there needs to be a permanent source for the information that is retained in Purchasing (see recommendations No. 4). In addition, one voting member of the source selection committee should always be a member of the Purchasing Department staff. This is not presently required. An example is found in RFP 96-2497(fixed term mechanical/electrical Eng. Sen'ices) where the Purchasing member is specifically identified as non-voting. In other cases. Purchasing was not even represented on the source selection committee. MME 'DATION Additions to the policy should be made as follows: · The Source Selection Committee must include a member of the Purchasing Department identified by the Purchasing Director as a full voting member. · The Source Selection Committee shall formulate and agree on the criteria to be used for evaluation and selection recommendations, which criteria shall be identified in the RFP. These criteria shall include past performance based upon County information and records. · The records contained in the Purchasing Department should be used as a basis to determine the record of past performance for all offerors. That procedures be developed so that they can be used in the Sealed Bid process, where award should be denied to an apparent low offeror because of an unacceptable pasl performance record or alternatively, that unacceptable past performance preclude that potential offeror from bidding. AGENDA ITEM SEP 1 1.991 :.,,...d,,]__ VI. RECOMMENDATIONS: (Cont.'} 6. BOARD OF COUNTY COMMISSIONERSfBCC) APPROVAL AUTIIORITY Under present County regulations, all purchase orders in excess of $15.000 require the approval of the BCC. This threshold was established in June 1995. Using FY 96 data. a total of 5.276 regular purchase orders were issued with a total value of $162.5 million. Of the 5,276 purchases during fiscal year, 550 valued at $157.8 million were in excess of the $15,000 threshold or 10.4% of the actions. With the growth of both the County and increase in volume of purchases, it would be prudent to streamline awarding purchase orders by raising this threshold. If the BCC approval threshold is raised to be in excess of $25,000, the BCC, using FY 96 data, would still review contracts resulting in approximately 400 purchase orders with a total approximate value of $155 million. RE MM NI)ATION That the Purchasing Policy contained in County Resolution dated June 1995 be modified to give the Director of Purchasing the authority to execute purchase orders up to the value of S25.000 without requiring BCC approval or signature. This recommendation does not change any aspect dealing with requisitions and related authorities. t0 ..... AGENDA ITEM SEP I6 1997 l.!.., I$ VI. RECOMMENDATIONS: 7. ENFORCEMENT OF PURCllASE ORDER TERMS AND CONDITIONS _BACKGROUND In review of the 73 purchase orders selected as a judgment sample and in asking questions of County personnel in various departments, this Subcommittee sensed a reluctance about enforcing terms and conditions contained in the various purchase orders. While these purchase orders contained provisions for termination for cause, we did not find one case in our sample where this was done. When we asked about such action in the 5,276 purchase orders issued in FY 96, we found no instance where termination for cause was initiated. While some of these purchase orders contained provisions for liquidated damages for not achieving required schedules, we found infrequent enforcement of such provisions when in fact there x~crc programs with major delays. For the record, liquidated damages were assessed three (3) times during FY 96 for a total of $67,050. It is recognized that enforcement &liquidated damages is difficult since it is hard to prove the cost impact. Nevertheless, these terms if placed in contracts must be enforced. More specifically. 3 purchase orders were found, where we believe that with our background in the private sector, that the Count)' was not significantly aggressive in pursuing the interest of Count)' Taxpayers. · In the first case involving a water and sewer hookup (96-2517). the purchase was terminated without cause, shortly after award, because the vendor disagreed with the Count.,,' on what work was required. It is understood that a consultant, under a Professional Engineering Term Agreement. may have provided inappropriate direction. Nevertheless, a no cost termination agreement with the vendor should have been negotiated before the)' were released from the commitment. The Count)' anticipates the need to settle an expected claim under the termination with this vendor. · In a second case involving the design and construction of the Vine)'ard Community Park facility (96-2517) the design contractor under the Professional Engineering Term Contract. made design errors. These errors affected drainage around the building which caused damage requiring over $90,000 for repair. After the County Attorney's office obtained BCC permission to sue the neccssan.' parties, a settlement was agreed to where the County Attorney and OCPM accepted a payment in the amount of $43,000, less than half of the cost to fix the problem. The amount was approved by the BCC based upon the recommendation of County employees. The amount was justified by the County. when considering the cost and time that would be involved in any resultant litigation. * In a third case, which involved the construction of the Max Hasse Golden Gate Estates Community Park (95-2399). similar technical and schedule problems were experienced with the vendor. Disagreement also centered around the assessment of liquidated damages. While the Program Manager withheld payment of retainage in an adequate amount to cover liquidated damages and the County's cost to administer this very late program due to an argumentative vendor, the ultimate settlement was for approximately $3,000. The actual computation of liquidated damages amounted to over $23,000 which in part was used to settle claims by the vendor against Collier County. II AGENDA ITEM No. ~ t (O. SEP 16 Lqg7 VI. RECOMMENDATION~ 7. ENFORCEMENT OF PURCIIASE ORDER TERMS AND CONDITIONS (Cont.) BACKGR~ Another example which supports our concern about ineffective enforcement of purchase order ternls and conditions involves the need to establish a "Listing of Disqualified Bidders" pursuant to Part [I...\. 12 of Purchasing Policy 90-$3. No such list is maintained. R O IM ND TI 'q Changing attitudes of people is a difficult task and must start with a management statement by thc County Administrator, County Attorney, OCPM and the Director of Purchasing to enforce purchase order terms and conditions. A special training program needs lo be established and given to all Count)' employees engaged in awarding or administering purchase orders, covering remedies available for failure to comply with purchase order terms and conditions. The Productivity Committee strongly believes that the Purchasing Department must establish a "Listing of Disqualified Bidders" based upon their performance records. This recommendation complements the recommendation concerning the creation ora past performance data base (No. 4) and its use in selecting sources. It must be emphasized that the sources for the list and the data base predominately comes from those employees who use the products or services and/or administers the purchase orders involved. 12 AGEIqDA ITEM ,Noo ~ ~_~_.~.~_ SEP 16 Lq97 Pg._ /5' VI.~DATIO~ 8. ~ASE ORDER SCIIEDULE DELI~IES AND_CO.MPLIANCE No formal procedure exists where the contract administrator involves the Purchasing Department Buyers or it's Director in problems with a contractor once the purchase order is awarded. These problems can result from significant deliveD' schedule delinquencies. (over 30 days), lack of compliance with the purchase order in the area of specifications or quality of work or supplies, or inability to negotiate a fair or reasonable change. Purchasing must be made aware of all cases x~ here liquidated damages should be charged to a contractor. For example. OCPM prepares a monthly "OCPM Progress Report" which lists projects which are significantly behind contract schedule. Yet the Purchasing Department doesn't receive this report on a regular basis. Where major problems develop, the contract administrator ma)' ask for help from Purchasing. but this is not a required procedure nor does it happen in all cases. RECO3IMENDATION That the Purchasing Department include in County Purchasing Procedures the requirement that Contract Managers (Project Managers for construction) report all delinquencies in excess of 30 days. problems with performance or quality compliance, the need to enforce liquidated damages, problems in negotiating any change regardless of dollar value and other areas where compliance to the terms of the purchase order have become a problem. While the use of a contract administrator in the using department is technically effective in obtaining supplies and services that are required by the County. compliance lo and enforcement of the purchase order terms require the involvement of the Purchasing Department to insure standardization of enforcement and effective use of purchase order remedies. A sound decentralized procurement system still requires the involvement of Purchasing when problems develop during the life of the purchase order. 13 AGENDA ITEM SEP 1.6 1997 VI. RECOM.MENDATIONS: 9. ~ IN P iRCIlASING Collier Count)' has been receptive to simplifying its purchasing practices through the use of Field Purchase Orders and the issuance of term agreements for professional engineering services. Yet. further initiatives have been tried, successfully, by other municipal and Count)' purchasing organizations, which have not been considered by Collier County. Among these are the use of credit cards for small purchases, financial incentives for completing ahead of the schedule, construction. roadwork, and the rehabilitation of existing facilities. In addition, County Governments in Northern Virginia, (Fairfax), the District of Columbia and MaD'land (Prince Georges Count)') have scheduled roadwork (repair. resurfacing, lane widening, etc.) between the hours of gPM and 6AM. With the mild climate of Collier Count)', such work can be done during these hours when the roads are used the least. Projects where such innovations can be attempted should be carefully selected, incentives structured to reward contractors for ~ ~ in terms of timelines, and be used xYhere early completion would benefit the health, safely, convenience and well being of Count)' Taxpayers. RECOMMENDATION The Directors of Purchasing and OCPM. in concert with tile using department should select sevcral projects where the use of night time work and financial incentives can be tested during FY 98. Lessons learned should be recorded and briefed to tile BCC before the program is expanded in subsequent fiscal .','ears. This recommendation is supported by Florida Statute 337.18.(4)(a) dealing with incentive payments. 14 VI. RECOMMENDATIONS: Cont. 10. EMPHASI RE IR D FOR D V£LOPING PROCEDURES AND ~LOYEES ENGAGED I~OCUR~ESS TRAINING FOR High turnover of employees in various departments, and the resulting minimum experience and skill levels require organizations to develop written operating procedures and practices (SOP's) that can be followed on the job. In addition, formal training programs and mentoring of new employees would complement the written procedures and practices. Our review found that existing operating procedures in Purchasing, OCPM and Finance were limited, disjointed and in some cases outdated. Other than occasional meetings of employees to discuss problem situations, formal training of new employees was limited and in some cases non existent. RECOMMENDATION · Under the direction and guidance of a training specialist from Human Resources. Purchasing. OCPM and Finance should develop integrated, detailed, operating procedures and training programs that complement each other so that they can effectively perform their part of the total procurement system of Collier County. · The Purchasing Department. pursuant to Purchasing Policy 90-52. part I! A. 5. needs to maintain an up to date and complete Purchasing Manual for use by all County organizations invoh'ed in the procurement s.vstem. While such a manual is in existence, it needs to be updated and to be expanded for use by other County departments. A schedule should be developed for completion of the procedures, required training and the Purchasing Manual. Unless some priority is given to this task and assistance is provided by the County Administrator's office, this work will not get done. 15 ' AGENDAITEM No ..... SEP 16 1997 VI. RFCOM~NDATIONS: Cont. ! 1. USE OF_ T'WO-STEP SEALED BIDS BACKGROUND The repertor7 of source selection techniques available to thc Purchasing staff is large and x~'ell knox~n. However there is one technique which is permitted in the sealed bid catego~' which is not being, and has not been. used b.v the Purchasing Department: the "Two-Step Sealed Bid'. Two-step sealed bidding is a combination of competitive procedures designed to obtain the benefits of sealed bidding when adequate specifications are not available. An objective is to permit the development of a sufficiently descriptive and not unduly restrictive statement of County requirements. including an adequate technical data package, so that subsequent acquisitions may be made ~ conventional sealed bidding. This method is especially useful in acquisitions requiring technical proposals, particularly those fo'r complex items. This procurement techniques ,~ouM no~ lend its:If To the application of the consultants' Competitive Negotiation Act. The process is conducted in two steps (This is xYhat the Productivity' Comminee s,ouM prol~.e k~, &~ and how it should be done): ~ consists of the request for. submission, evaluation and if necessary, dis~nassios's of a ~.~h~ical proposal. No pricing is involved. The objective is to determine the acceptabiliw.' of the supplies or serx'ices offered. Conformity to the technical requirements is resolved in this ~ep. As a practical matter, the evaluation learn will score each technical proposal as: · acceptable; · conditionally acceptable and capable of being negotiated into acceptabilit.v: or · unacceptable. The evaluation team must identi~' the areas of unacceptability and conditional acceptability in detail and be prepared to participate in technical discussions with the offeror xYhere appropriate. Folloxving negotiations of details in the technical proposal, a modified technical proposal (presumably acceptable) is submitted by that offeror. Offerors with acceptable technical proposals are ready for step Two. ~ involves the submission of sealed bids by those who, subsequent to discussions, submitted acceptable technical proposals in step one. Bids submitted in step two are evaluated and the awards made in accordance with the County's regular procedures for sealed bidding. Because of the distinct technical proposal element, Two-Step permits competition between different technical approaches, each of which can perform adequately, but eliminates all but the most cost- effective of them at the sealed bid stage. Award made to the lowest price, responsive sealed bid. RECOMMENDATION The Purchasing Department should employ Two-Step where it makes sense: · Specifications are not complete or may be too restrictive without technical evaluation discussion: A clear understanding of technical requirements is required before a price is submitted; · Definite criteria exists for evaluating technical proposals; · More than one technically qualified offeror is expected; · There is sufficient time to use this method; and · A firm fixed price contract is to be used. 16 AGENDAITEM S£P 15 1997 '; r.~ ~ VI. M% ND N.: ont. 12. ONSOLIDATION F IR ! SFS; OF STANDARD ilEAVY E UIPMENT Presently. purchases of standard hea~x.' equitnnent, i.e.. trucks and earth-moving equipment arc initiated on an individual basis as the need is recognized ~' the using activity and funding becomes available. Examples are: PR96-2549 PR96-2476 PR96-2571 2 ea.. 5 cubic yard Dump Trucks I ea.. Articulating 4 Wheel Drive Front End Loader I ea.. Front End Loader Purchasing then is requested to initiate procurement action. As the population of the County grox~s. these requests from using activities will probably increase. The County should consolidate purchases. where possible to obtain savings through the leverage ora quantity buy. E M~ NDATI N : To assure that the County obtains the optimum price and terms for purchases of heavy equipment, it is recommended that the Purchasing Department or other consolidator survey each using activity on an annual basis to determine the total County requirements and to combine these when approaching suppliers for bids and negotiation. In this manner, we believe that the County can obtain a better price than if each item were purchased separately. Other County governments consolidate purchases for this type of equipment and achieve both monetary and support cost savings by purchasing equipment at one time using a single manufacturers product. 17 AGENDA ITEM No. SEP 16 1997 V1.RE OMMENDATIONS: Cont. 13 ADE UACY OF CONTRACT FILE · ADE UACY OF CONTRACT FILE \Vith the County's decentralized purchasing philosophy, purchase order files can be spread over four (4) or more departments. This is particularly true in the area qf construction and Professional Service Agreements where official files can be found in the Purchasing Department, OCPM, in the offices ora consultant and in the Finance Department. Nowhere is this more obvious than in matters relating to change orders, their negotiation and definitization. There wasn't a single change order among those reviewed where all the information needed for our review was found in one place within the Purchasing Department, the Office of Administration or Finance. Accordingly, it is not possible to determine whether the change with its price and schedule adjustment was fair and reasonable for County taxpayers. In discussion with a representative from the County Attorney's Office, finding files to support litigation has become a major problem and can inhibit successful Count)' actions. RECOSLMENDATION That the Director of Purchasing lead an effort to identify the Count,,,' Official Purchase Order Records. establish an outline for purchasing, administration, and payment that utilizes multi-section files. All files should use an identical numbering system(i.e, purchase orders. RFP number) so that the official records can be combined at time of final payment and maintained in one central reposito~' either under the control of the Purchasing or the Finance Department. A County procedure documenting the filing system should be issued by thc Purchasing Department. I$ AGENDA ITEM ~'1o._~_ ~ 0.~ S£P 16 1997 VI. E ,~,~IME' AT ONS: ont. 14. CONTINUITY OF LEGAL SUPPORT TO TIlE PRO UREMENT SYSTEM For the last two (2))'cars, the lcvcl and continuity of lcgal support to thc procurcmcnt system. generally, and the Purchasing Department. spccifically, has been acceptable. Prior to that time. there were a series of attorneys assigned whose tenure was limited and its legal support lacked thc continuity required. Over time the dollar value spent through the Purchasing Department has increased significantly. Contracting-out Count)' functions is becoming a way of life. Complexity in Purchasing operations to include the purchase order itself is also growing. A separate recommendation, in this report, has highlighted the need to enforce uniform purchase order remedies. This report recommends thc usc of "Past Performance" in source selection and improved negotiation of "changes", All this leads to greater legal skills or specialization in the area of"Contracts", the time to devote to contract issues and continuity of legal support and advice. That the Count.',' Administrator and the Attorney's Office provide the emphasis for continuity of legal support, adequate time and legal skills to support the "Contracts" function &this Count)' government. 19 AGENDA ITEM , SEP 1 6 1997 VI. RECOMMENDATIONS: (Cont.) 15. CLOSEOUT: CONTRACT COMPLETION AND FINAL PAY.MENT BACKGROUND The County's procurement actions, particularly the larger ones. frequently require the delivery o£ more than just goods or services. Other items are occasionally included, such as drawings reflecting the as- built configuration of a project, technical manuals describing the use or maintenance of an item purchased, reports of testing done, computer software or other intellectual property, and the like. Frequently these may not be line-item priced so that there is no incentive for the contractor to ensure their delivery and no way for Accounts Payable to know that have not been delivered and accepted. In some types of contracts, there are final financial settlements to be made after adjustment and special reporting. Satisfaction of' the requirements of these ancillary elements are masked in the .present procurement process of the Count)'. The Purchasing Department. supported by the using and managing (usually OCPM) departments, makes a contract on the County's behalf then hands off the carD'ing-out of Ihe contract to another group, the contract administrator. On the contract administrator's authority, the Clerk of Courls financial management system pays out substantial monies against the contract. The final payment under the contract is authorized by the contracl administrator, paid. and the file closed. For example, files were reviewed where there is no specific record that the ordered as-built drawings were actually delivered, reviewed, and accepted. In addition, there were no records that the maintenance manuals for equipment included in the building were delivered and found acceptable. If anything fell through the cracks, final payment could still have been made. RECOMMENDATION The County Purchasing Policy should be modified to include a closeout procedure that would track such ancillar3.' items as drawings, manuals, warranties etc. It should require that the managing and using departments certify to Finance as to the reliveD' and acceptance of each un-priced item called for under the contract. Each deliverable item xsSthin the purchase order should be included in the contract administrator's certification to Finance to enable payment. 20 AG£NDAITEM SEP 16 1997 ,,, VI. RECOMMEN AD TIONS:Cont. 16. TIlE NFED FOR COST ANA___[LYSIS CAPABILITY ~UND In connection with its rcvicv,' of thc negotiation of contract modifications, thc Subcommittee questioned thc adequacy of the analysis of contractor change proposals, thc methodology for which is addressed elsewhere in this report. An apparently missing element is what is generally termed in procurement as "cost and technical analysis". With this negotiating aid, various elements of the contractor's price proposal can be exar~ined and justified, or if not justifiable each become an area for negotiations. This is particularly important where the cost change is substantial and the original contract was awarded on the basis of price competition. Scrutiny of the cost elements include: · The' necessity for and reasonableness of proposed costs, including allowances for contingencies: · Projection of contractor's cost trends, on the basis &current and historical cost data: · A technical appraisal &the estimated labor, materials and equipment; and · The application &negotiated indirect costs, labor rates, and other factors. Additionally. this analysis can ensure that the effects of inefficient or uneconomical past practices are not projected into the future. Also. it provides comparison of costs with previous cost estimates from the contractor or from other contractors for the same or similar work. Also. comparison of the proposal is made %~'ith estimates of independent technical personnel. Technical analysis, by OCPM personnel or others, can specifically address the following: · The quantities and kinds of material proposed; · The need for the number and kinds of labor hours and the labor mix: · The need for equipment and facilities ifproposed: and · Any other pertinent data. The Subcommittee observed that such analyses were minimally made within the administering agency (usually OCPM). based primarily on the experience of the project people and not well documented if at all. Talks were initiated with the Director of OCPM who had desired to employ a Cost Analyst for the purposes of building an appropriate database and for studying "scope creep". However. he was compelled to eliminate such a proposed position in light of budget pressures. The use of a Cost Analyst in developing County price objectives for negotiations and in participating in such negotiations would be vet7 effective for this County. RECOMMENDATION Cost analysis is essential to effective price negotiation of new major pumhases and significant dollar value changes. It is recommended that a qualified Cost Analyst be employed in the Purchasing Department for use across County operations where required, including support to OCPM. 21 AGENDA ITEM No._g_ SEP 1 6 t997 VI.RF, COMMEND TIONS: ont. 17. USE FFIE DP R ltASEORDERS Based upon the direction of the Productivity Committee at its May 1997 meeting, this study was expanded to include a review of purchases $500 and under using the Field Purchase Order eFPOI procedures. FPO's are a mechanism of the Count.,,' purchasing system by which using departments ma)' use the authority to purchase, in a relatively informal way, up Io a maximum of 5500 in any one instance. That purchase action is later reviewed by the Purchasing Department buyer for adequacy. justification, etc. The records of these purchases are maintained in a computer system in which the Purchasing Department grants a using department a block of purchase order numbers, and the using department enters the purchase data when the order is placed. It is generally the using department lead secretary ,.vho maintains control and enters lhe data as reported in the "field". Accordingly. the system is essentially "paperless" except for the subsequent hard copy records. The Clerk's Accounts Payable system is connected by a computer interface. The Subcommittee re,.'iewed computer printouts maintained on a cumulative basis throughout the year. showing each FPO number and action against it. These printouts are sorted by major using omanization, i.e. the County Administrator's Office. Support Sen'ices Division. Community D~velopment and Environmental Sen'ices DMsion. OCPM. Transportation. Information Technology. and Facilities Management. /he Subcommittee reviewed more than sixty percent of the total FPO numbers in the system from October 1. 1996. to April 30. 1997. It is through these computer printouts that Purchasing is to review FPO's for violations of procedures. Each buyer in Purchasing is to review FPO's for the organization which he or she is assigned to support. \\'e found evidence that the buyers were performing the required reviews. Unfortunately, the computer runs, in most cases, did not provide the data needed for a tull and complete analysis. The reason is that the organization issuing the FPO's is not completing, in a timely manner, the computer fields that ,.,.'ould support the required reviev,'s. In perhaps 95% of FPO numbers, no such purchase data appeared. With respect to data entry, Information Technology appears to have done the best job by entering complete and current data. For some other departments. man5' hundreds of open "unencumbered" FPO's remained without the necessary data. We were told that the data ,,,,'ill be entered prior to the end of the fiscal year. "Unencumbered" FPO numbers not used at year end are canceled. Similarly, items not invoiced against a FPO at year end will have to be treated in the following year's actions. A review of Purchasing Department data shows that dollars expended on FPO's are less than 7/10 of 1% of the total value spent on purchase orders during FY94, 95, and 96. FPO'S for Years Ending (value in 000's) 9/30/96 9/30/95 9/30/94 Quantity Amount Quantity Amount Quantity Amount FPO's 4,980 $812 7.194 $1,107 6,939 $838 22 AGENDA ITEM ~o._._~, re. O) SEP I$ lgg7 VI. RECOMM~NS: Cont. 17. USE OF FIELD PURCiIASE ORDERS (Cont.) BACKGROUND (CONTINUED} While there is some seasonality in the data. in 1996. the mean number of FPO's is 415 per momh v, ith a value of $67,680/monlh. As might be cxpected. FPO quantity and value are both more than twice the mean in the final month of the fiscal year, September. This statistical data demonstrates that Field Purchase Orders are a small, but not an insignificant, part of the County's procurement activity. Thc County's system provides a simple, informal and effective method of alleviating the Purchasing Department's load of minor items by allowing it to concentrate on major and more significant items. The use of FPO provides for a quick response to using department needs but still requires payment action by Finance. Possible use of credit card purchases for some or all of these actions would reduce workload even more without undo risk. Is thc FPO system abused.'? It is important to note that our review found no evidence of misuse of the Field Purchase Orders. \Ve were specifically looking for instances where items that should not be bought with FPO's under the procedures, purchases in excess of the maximum dollar value (5500). and purchases where items were divided that if consolidated, would be in excess of the maximum value permitted. We did find a few instances of purchases apparently in excess of the maximum, however on detailed examination it appeared that these were incomplete purchase actions, rejected by the computer program, and xxhich should have been canceled by the requesting department. However. these incomplele FPO's were not canceled. Areas for further action: During the FPO review, the following actions were deemed worthy of comment. recommendations are not made, County review and action is recommended. While specific · FPO's are used for travel where a check must be issued in advance of the actual travel, as for example, seminar attendance. We did not investigate the administrative mechanism and controls to connect the FPO with travel authorization and subsequent travel expense voucher. · FPO's were in some cases used for what would normally be petty cash purchases. With further review it was reported that some departments do not have a petty cash system. · A FPO was used to purchase a camera for 5360, which is acceptable since it is under the $500 FPO limit. · Similarly, FPO was used to purchase a fax machine ($498). Why shouldn't fax machines, like computers, telephones, and copiers, be subject to the standardization and control program of Information Tec,hnology? This Subcommittee understands that County accountability rules are effective for items with a useful life over I year or valued at $700. FPO is issued in order for the buyers to accomplish their subsequent review. purchase order numbers should be issued as a control to get field data entered field data is not complete, new blocks of numbers should RECOMMENDATIO~ Our review of the FPO process revealed two conditions which warrant specific recommendations to improve on current practices. They are as follows: · Activities issuing FPO's should be required to complete ali data fields within 5 work days after the Smaller blocks of q. 5a. 23 SEP 1 6 r~ VI. R£COMME~'DATION$; (Cont.) 17. I~$E OF FIELD PURCItASE ORDERS (Cont.) p,E(~OMMENDATION (CONTINUED) · Year end purchases for FPO's (September) to spend funds, before being lost should be bener controlled by post award audits of Purchasing and the Clerk's office. A policy letter should be issued during the last quarter of each fiscal year, reminding employees not to abuse the use of FPO's during this period of time. · Departments should establish procedures whereby supervisors are required to approve FPO's over a certain value - namely $100 or for purchase of non-expendable items. · Review the use of credit card purchases to further streamline operations and reduce need for separate payment actions. 24 t I SEP i~ t997 Vi. M '~ A I NS: ont. I8.~ERM 'D CONDITI NS The Subcommittee found that there is limited standardization of terms for the various types of contracts or purchase orders and believes that more effective use of legal support may be effected by a greater standardization of general terms and conditions. It may well be that legal review of a contract ma)' be avoided provided no exception is taken to those general terms and conditions. The Purchasing Department should lead an effort to develop standard term and conditions for purchases of various classes of contracts, supplies and services. These conditions should include inter alia the following subjects: covenant against contingent fees changes default and convenience termination · non delegation of performance · disputes (Seller obligated to proceed with work even if a Count)' decision causes a dispute) · gratuities prohibition Currently, these provisions generally vaD' among, or are omitted from those purchase orders reviexYed. 25 AGENO,~. ITE~ SEP 1 6 I397 VIi.~ Within Part I of this Report (Purpose), the Subcommittee identified three (3) areas of special interest that were raised by the management of the Purchasing Department and OCPM. ~A, rhile volumes can and have been written about each of these areas, our purpose is to provide in a summao' fashion that which is most pertinent lo future applications within Collier Count)'. 1, USE OF DESIGN/BUILD CONTRACTS Count)' Resolution 90-53 pursuant to Ordinance No. 87-2:5 establishes a Purchasing Policy for Collier Count)'. Part IX thereof lays out general guidelines for the "Procurements of Design/Build Contracts". Florida Statute Section 28'7.055 establishes further procedures to employ the use of design~uild contracts. Design/build contracts have been successfully used at the Federal level by the Corp of Engineers and the General Services Administration (GSA). Specific procedures are found in Federal Acquisition Regulation (FAR Case 96-305). \Vhile this Subcommittee full)' supports the use of design/build, to include, approval to A&E design and ultimate construction, there are some prerequisites, that are required for successful implementation. These are: · \Villingness of the Count)' to express its requirements in broad operational needs and construction guidelines. The preparation of an effective "Design Criteria Package" is critical to effective use of the process. Performance oriented drawings and or performance based specifications must provide to the offerors an understanding of Count)' requirements. Detailed specifications or drawings defeat the purpose of this innovation. Broad performance specifications and drawing allow the proposers to make trade offs and offer to the Count)' their minimurq requirements at the Ioxx'est possible price. The beaut)' of the approach is the Count)' can stay out of the process when design flaws occur since this is an issue under the sole responsibilhy to the design./build contractor. No need to negotiate, process changes or hope to hold the "design" contractor responsible. · The Count)' must be willing to make minimum chances to the A&E products of the desigrdbuild contractor. The objective is to make this one contractor responsible for the broad performance based drawings and specifications. If the Count)' initiates many changes, then the single design/build contractor can improve his financial position through "Change Order Creep" and the County is back negotiating a myriad of changes. · Another important prerequisite for the use of this technique is to find one legal entity with which to contract. This could be a corporation or a partnership which has both design and construction skills in-house. Subcontractors to do either the design or construction do not fall into the definition of a legal entity. The establishment of a "Joint Venture' with necessao' written agreement by the parties may meet the test of "legal entity'. This Subcommittee is not sure how many firms in this part of the country qualify under the required criteria.· · A last major prerequisite is the willingness of the industry to compete either through Sealed Bids or negotiations for this type of effort. Normally design firms want to compete on experience but not on price and we in government generally go along with this. However. it would not be in the County's best interest to award the construction part of this effort without price competition. Overall, the design/build approach works well in large metropolitan areas or a large project that would attract "out of area or state firms" to the effort. We would suggest that the County test the waters on a validate interest and project by soliciting interest and by holding a Pre-Proposal Conference to capability. Design/build does meet the criteria of innovation found in a recomn discussed. But again we must be sensitive to the four (4) prerequisites discussed *Depending on the County desires, a prime subcontractor relationship, considered acceptable to waive the requirement for a legal entity. 26 ~ve.~ ~ ~(l'~ . 't bondi~,-~an -be SEP 16 1997 L. 2. EXPANDED APPLI ATI N OF BEST VALUE N SOUR E SELECTION With the exception of Professional Engineering Scr,'iccs (Term Agreements). Count.',' purchasing requirements generally provide for purchase order as~'ard lo the Ioxscst responsible and responsive offeror, se of"Best Value" consideration allows a cncics to evaluate offers of o ds a d c~'iccs s that urcha es that arc ost advanta cous to thc buyer can be selected considerin rice and other fa ! Other factors can include the following for example: · Past Performance Record and Risk · LifeCycle Costs · Warranty Packages · Maintenance Supportby Seller · Payment Terms and Conditions · Reliability. Maintainability and Safety It is important when these other factors are to be used that they are set out clearly in the .~olieitation document. Listed below are two standard statements that can be used to provide flexibility in Collier County's decision to select the most advantageous source sshen considering past performance. This can be tailored for other factors: "Basis for Award The award to be made will be based on the best overall (i.e. Best Value) proposal or bid that is determined to be most beneficial to Collier Count.',' with appropriate consideration give to price and >'our past performance on similar efforts during the past 3 .,,'ears". "Basis of Award. ~2ollier Count>' reserves the right to make this award using Best Value considerations to other than the low price offeror if that vendor's past performance, with this Count>', during the past three (3) >'ears was less than satisfactory for similar work based upon the records maintained in Collier County's Past Performance Data Base". To make such a Best Value System work, the following must be incorporated: · A written data base on past performance records of)'our vendors for a period of I to 3 .,,'ears. The longer period provides better records. Data should be collected from contract administrators at completion of each purchase order or once a >'ear if the purchase order performance extends more than a year. · This should cover supplies and services. · Work evaluated in data base should be similar to that under review. · All source selection evaluation reports should be shared with the vendor and be given 30 days to refute the County's statements. Both statements are then retained in Ihe data base. · The decision of the County is final in this matter. · These procedures should be formalized and made part of the County's purchasing practices. · Where County experience with a vendor does not exist, contact with other localities should be initiated to validate prior performance and reduce risk in doing business with a new source. AGENDA ITEM 27 SEP 16 I997 pg..,.~,O .._ VII.~ 3. THE USE F LUMP S M OR UNIT PRICING IN CONSTRUCTIO.N/ROAD WORK P R ilAS D R In the construction contracting business, there are two (2) broad ways of pricing efforts to be accomplished. The first way is to obtain a ~ for thc cffort involved (specification, statement of work or drawings or a combination of each), l-lcrc the buyer transfers the risk to the seller to adequately estimate the requirements involved. In thc uni.._A E[~ approach, the seller may bc required to provide a ~ for non-repetitive work. but price out in units such as linear feet, square feet, cubic yards, metric tons or evcn hours by labor category, the estimated price to do the work involved. In this later case, pricing risk is transferred from thc seller to the buyer since the price is based upon an estimated quantity. Governmental activities are not by their nature attempting to take advantage of vendors but to obtain for both buyer and seller, a fair price and a reasonable schedule. Competition among reliable and proven sources goes a long way in obtaining a lair market price. The answer of which to use. unit or lump sum, is not an "either or" approach. Since we as a governmental activity, want to pa)' a fair price, we would suggest that for large procurements of $250,000 or more, the unit price approach helps reduce the risk to the vendor. It is recognized that the unit price approach does add extra contract administration responsibilities on the County. Asking a vendor to take extreme risks for unforeseen work on large contracts tends to be unfair. A company that is losing money usually will perform poorly and will justify change orders and claims. Conversely. where the work is self evident and of lower dollar value, namely less than 5250,000, it is not unreasonable to require a vendor to price a construction type job on a ~ basis. Again vendors are in business to make money and taking risk is an inherent part of the profit determination. Nevertheless, we should not attempt to transfer all unreasonable risks. Various purchase order line items and special pricing contingencies can mitigate unusual risk where it exists. 28 AGENDA ITEM No._ _.~., ~._(.~'3... SEP 16 1997 Pg._ .2,.../ ...... Name Boldt. John Boyer, Carl Butler, Gwen Byrne, Bob Caledonia, Laura Car&nas, Ann Carnell, Steve Ciranna, Tom Croft. Dan Degenhart. Bill Edwards. Jennifer Gentu'. Cheryl Gonzalez, Adolfo Heno', Lan3' Hough. Reggie Huber. Harry, Leith. Sheila Logan. Cindy Maher, Paul Massaqudr. Micah McClellan. Cherrie Mitchell, Jim Moneyhan, Chuck Murphy, D.E. Oss, Claire Parker, George Pettit, Michael W. Prince, Val Ryziw~ Vladimir Salmon, Jerry Satterfield, Tom Schalt, Peter Sheehan, Janet Snell, Rhonda Tindall, Phil Virdin, Joe Wiley, Robert Wolf. Audrey ATTACItMENT 1 PERSONNEL CONTACTED DURING STUDY Organization Stormwater Management OCPM Purchasing Department Finance Department Purchasing Purchasing Department Director of Purchasing OCPM Fleet Management Purchasing Human Resources Purchasing OCPM Road & Bridge Contract Administrator, Division of Building Construction. State of Florida. Tallahassee OCPM OMB Contract Mgmt. Section, Lee County Director, Florida State Facilities Mgt..Tallahassee OCPM State Florida Division of Purchasing, Tallahassee Director of Finance, Collier County Project Engineer, Division of Building Construction. Tallahassee OCPM Purchasing OCPM Assistant County Attorney, Collier County OCPM OCPM Human Resources OCPM OCPM Director of Purchasing, Lee County Purchasing OMB Purchasing OCPM Director Palm Beach County Facilities De and Operations Department, Palm Beach ~ 29 eelon~r~NDA ITEM :ouStS. (Il. SEP l fl 1997 Pg. ,..~ ATTACIIMEgT I l COMPETITIVE SELECTION & NEGOTIATION 94 -2284 95-2319 95-2323 95-2331 95-2371 95-23S0 95-2388 55-2422 95-2430 95-2449 95-2451 95-2466 96-2474 96-2496 96-2497 96-2498 Name of Con~ract Hydrogeological Services Deep Well Observation Water Distribution Master Plan Update No. County Water Treatment Exp. Design & Construction Monitor Riveria Colony Sewer Improvements (PS) Site Assessments for a Landfill Disposal & blateriat Recovery Facility Hydrological Consultant & Clean up Contractor Material Testing Services (V) Fixed Term Prof. Engineering Services (Variable) Engineering Services for Bridges/Structures (V) Engineering Services for Effluent Main Ext. Quail Creek to NCRWTP Wastewater Master Plan ]knalytical Services for C.C. No. County Regional Expansion Marco Island Library Expansion Project Fixed Term Mechanical/ Electrical Eng. Services (V) Fixed Term Architectural Services (V) 3O ~. Amoun t: 450,OOO 258,000 1,200,000 123,000 874,000 1,000,000 500,000 500,000 500,000 290,000 273,000 110,000 745,000 111,000 [_50D~_G0m AGENDAITEM ~o.. -~.~£9.._ JSO0,O00 j S EP 16 1997 . ..... Page 2, CO[4PETITIVE SELECTION AND NEGOTIATION 96-2503 96-2521 96-2530 96-2550 Public Works t4aintenance Facility PI{-1 Architectural Services Indoor Air Quality Contractor for HVAC Arch. Services for Hedical Examiners' Facility Fixed Term Land Surveying Photogrametric Services TBD 100,000 120,000 TBD 31 AGENDA ITEM No.. ~_.~ 9L_ SEP 16 1997 3'-/ .... Bid/RFP 94-2294 95-2340 95-2423 95-2448 95-2450 96-2479 96-2507 96-2512 96-2519 96-2493 96-2501 96-2577 COMPETITIVE PROPOSALS Name Of CQn~race Court-Appointed Legal Services Employee Assistance Program Group Benefits Ins. Broker Food Vending Cart Concession Aviation Fuel Vendor C.C. Economic Plan 1996, PH-2 Cable TV Franchise Renewal Consultant Commercial Aviation Services @ M.I. Airport (Revenue) Master Lease Contract (Estimate) Collection Agency Services/DOR Water/Sewer System Rate Study Everglades Airpark Aeroscenic Tour Operator $ Amoun~ 87,000 17,200 20,000 7,i00 TBD 48,000 T~D TDD 50,000 TBD 29,000 T~D SEP ~f; ! !1 33 AGENDA ITEM SEP 16 1997 EXECUTIVE SUMMARy RESOLUTION ORDERING AND CALLING FOR THE INITIAL ELECTION OF TIIE CITY COUNCIL FOR THE CITY OF MARCO ISLAND, TO BE HELD ON NOVEMBER 6, 1997, BY FLAIL BALLOT AS SET FORTH IN CHAPTER 97-367, LAWS OF FLORIDA (HOUSE BILL 1729, CHARTER FOR THE CITY OF FIARCO ISLAND). OBJECTIVt'~; That the Board of County Commissioners adopt the attached Resolution calling for an election by mail ballot to be held on November 6, 1997 within the territorial boundaries of the City of Marco island as described in Chapter 97-367, Laws of Florida (House Bill 1729, the Char~cr of thc City of Marco Island) Io elect the initial City Council for the City of Marco Island. CONSIDERATION: A mail ballot referendum election was held August 28, 1997 which approved the creation of the City of Marco Island and its Charter as contained in Chapter 97-367, Laws of Florida (House Bill 1729) enacted by the 1997 Legislature. The Charier provided that Ihe initial election of the City Council shall be by mail ballot and occur within 70 days from the date of voter approval of the charter referendum. Attached to the Resolution is a copy of House Bill 1729 which was passed by the Florida Legislature and which contains the Charter for the City of Marco Island. Since November 6, 1997 is a special election by mail ballot, the special election is required to be precleared through the U.S. Department of Justice under Section $ of the Voting Rights Act. FISCAL IMPACT: The fiscal impact to the County for the mail ballot election is estimated by the Supervisor of Elections to be approximately S30,000. A budget amendment is required to recognize and appropriate the 530,000 election reimbursement revenue from the City of Marco Island, in the Supervisor of Elections Budget, (080-522010) Elections cost center. G. ROWTH MA~CAGEMENTIMPAG~F: None RECOMMENDATION: That the Board of County Commissioners adopt the attached Resolution calling for an election by mail ballot for November 6, 1997 within the territorial boundaries of the City of Marco Island as described in Chapter 97-367, Laws of Florida (House Bill 1729, the Charter for the City of Marco Island) to elect the initial City Council for the City of Marco Island, and approve the associated budget amendment. APPROVED B "~j~r"David C. Weigel County Attorney dda/h: rxe~,tiv~ s~mmaries/Mar~o hi=nd initial election AGENDA_ ITEM No. qt".O) _ S EP I ii 1991 P~. / RESOLUTION NO. 97- A RESOLUTION ORDERING AND CALLING FOR THE INITIAL ELECTION OF THE CITY COUNCIL FOR THE C;TY OF MARCO ISLAND, TO BE HELD BY MAIL BALLOT ON NOVEMBER 6, 1997, AS SET FORTH IN THE CITY CHARTER, CHAPTER 97-367, LAWS OF FLORIDA, (HOUSE BILL 1729}. 10 WHEREAS, a referendum election was held, by mail ballot, on I! August 28, 1997, to approve the creation of the City of Marco 12 Island and its charter as contained in Chapter 97-367, Laws of ~3 Florida, (House Bill 1729] enacted by the 1997 Legislature; and 14 WHEREAS, the referendum question was approved by a majority 15 of the voters; and 16 WHEREAS, the Board of County Commissioners of Collier 17 County, Florida, pursuant to general law, and Chapter 97-367, I~ Laws of Florida, (House Bill 1729) herein calls the special mail 1~ ballot election for the initial election of the City Council for :0 the C~ty of Marco Island as set forth in the City Charter. 21 ::O~, THEREFORE, BE iT RESOLVED BY THE BOARD OF COU:;TY 22 CO:.:MiS$IONERS OF COLLIER COUNTY, FLORIDA, that: 23 SECT~O:: ONE. iNITiAL ELECTION CALLED 24 The initial election is hereby ordered and called to be held 25 on November 6, 1997 by mail ballot for the purpose of electing 26 the inltial City Coumcil for the City of Marco Island as provided 27 for in the Charter approved August 28, 1997. 2~ SECTION TWO. PERSONS ENTITLED TO VOTE. 29 The persons entitled to vote in the referendum election 30 shall be all the qualified electors residing within the 3! territorial boundaries of the City of Marco Island as described 32 in Chapter 97-367, Laws of Florida (House Bill 1729, Charter for 33 the City of Marco Island), a copy of which is attached hereto as 34 Exhibit 3~ SECTION THREE. MAIL BALLOT AND ELECTION OFFICIALS ]~ The election shall be held by mail ballot within the territorial boundaries of the City of Marco Island as described in Chapter 97-367, Laws of Elorida (House Bill 17f9, p~.,,c2 for the City of Marco Island}. The mail Lallot initial election shall be conducted by election officials appointed by the Supervisor of Elections pursuant to applicable general law. SECTION FOUR. FORM OF THE BALLOT. A. The mail ballot to be used in said initial election shall be in substantially the following form: OFFICIAL ~ALLOT INITIAL MARCO ISLAND CITY COUNCIL ELECTION COLLIER COUNTY, FLORIDA - NOVEMBER 6, 1997 (Vote for no more than seven (7)) B. The Supervisor of Elec:ions shall include on all mail Oallo:s such instructions to voters as are necessary. SECTION FIVE. HOTICE OF ELECTICH. The Clerk of this Board shall publish a notice of the initial election by mail ballo% in the Naples Daily News, a newspaper of general circulation published in Collier County, Florida. There shall be at least thirty [30) days notice of said election, with publication to be made at least twice, once in the fifth week and once in the third week prior to the week in which the initial election is to be held. Said notice shall be in substantially the following form: N'OTZCre- or ZNIT2AL MARCO ZSLA~ID CITY COUNCIL EI~:CTION BY MA;L 2~ 26 27 28 29 NOTICE IS HEREBY GIVEN, that an election by mail ballot will be held on November 6, 1997, within the territorial boundaries of the City of Marco Island as described in Chapter 97-3~7, Laws of Florida (House Bill 1729, Charter of the City of Marco Island), to elect the initial City Council for the City of Marco Island. AGENDA NO.~ SEP ! $ r~. 3 The election shall be conducted by electron o~clais appointed by the Supervisor of Elections pursuant to applicable general law. All qualified electors residing within the Lerr~torial boundaries of the City of Harco island as described :n Chapter 97-367, Laws of Florida (House Bill 1729, the Charter uf the City of Harco Island} may vote by mall ballot in said eiection. Absentee voting may be permitted upon compliance with applicable provisions of general law. This Resolution adopted this day o[ [997 a/ret motion, second and majority vote favoring same. C;'J~GHT E. BROCK, Clerk Approved as ~o form and legal sufficiency: County Attorney BOARD OF COUNTY CO:';HiSSIO:;ERS COLLIER COUNTY, FLORIDA By: TIMOTHY L. HANCOCK, CHAi~'4AN - 3 - AGENDA ITEM No. 5[? E~OLLED 1997 Legislature HB 1729, First Engrossed 5 6 7 '9 10 11 12 13 14 Z5 17 18 20 21 22 23 24 25 26 27 28 29 30 31 An act relating to Collier County; establishing and organizing a municipality to be known and designated as the City of Marco Island; defining territorial boundaries; providing for government, jurisdiction, elections, administrative code, procedure, powers, franchises, i~unities, privileges, and means for exercising the same; prescribing the general powers =o be exercised by said city; providing prohibitions; providing procedures for filling vacancies in office; providing for a city council, city manager, and city attorney; providing for an initial election; providing for ordinances; providing for budge= adoption; providing for amendments co the city ckar:er; providing for referendum petitions; providing severability; providing for dissolution of the Marco Island Fire Con=rol District; providing for participation in state-shared revenue programs and local option gas taxes; providing for a referendum; providing a transition schedule; providing for =ounty ordinances and services during uransition period; providing effective da=es. ~6E -REAS, residents cf Marco ~sland in Collier County, Florida, desiring to have the rights of self-determination, to the fullest extent allowed by law, in the establishment and operation of facilities and services desired by the residents, do seek the benefits conferred on municipal co_~porations by 1 CODING~Words ~'.'_"-cken are deletions; words underlined 1997 lgg'7 Legislature HB 1729, ~rJt Engrossed 1 2 · S 7 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 26 27 28 29 30 31 the Constitution Ind Laws of the State of Florida, NOW, Be It Enacted by the Legillacure of Che Scaca of Florida: FROPOSED CHA~TER - CITY OF M~RCO ISLAND ARTICLE I - SecCfon 1.01 P~erl of the City of ~rco Iml~d.--~e city ~o~ aa Marco Isled l~11 ~ve all ~rJ ~JJ~le for a city co ~ve ~der the conscicuc~on ~d laws of the fully ~d c~lecely as Chough =hey were I~cific~11y ~n~eraced in this charter ~lesJ proh~iced ~ or c~cra~ the pro~sions of =his char=er~ ~d in lddicion =o foregoin~ ~d hOC ~ way of li~=acion, =he cicy shall =he following powers: (1) To org~ize ~d re.lace ~Cs ince~al affairs co esc~liJh, .leer, ~olish, ~d Ca--aCe, such Ce~nac~on co ~ only for cause, offices, posici~l, ~d e~l~encs, ~cluding cictzen ~ard positions, and Co define f~cCions, ~rs, ~d duties, ~d f~ chair Ce~, =en~e, ~d c~enJaci~. {2) To ado9=, amend, ~d repeal luch ordin~ces, resolutions, ~d cod~s as ~y be re.ired for the good gove~m~nC of the ci=y, includin~ local police or~ces caring ~nalCies, zoning or~n~ceJ, h~J~g codes, L, uilding ~d r~laC~d tactical c~es, ~s~ess r~lacions, or~n~c~s relating co and re~laC~g =he sale of alcoholic ~verages. (3) To prepare ~d adopt c~reh~ive pl~ for che ~evel~c of Che ciCy, inclu~g pr~l~ for re~lacion, en~ro~en~al pro,ecCl., ~11uc~on co~icy facilic~es, ~d all other related 2 CODINg:Words s~ are deletions; worc~t underlin~ $£P 16 lgg7 ENROLLE~ 1997 Legislature 1729, First Enp-~ossed 7 .8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 including growth management. The principles of Deltona's development plan £or Marco Island shall be a ~uide in the development of zoning regulations for the City of Marco Island. (¢) To sue and be suedj to have a corporate seal~ to contract and be contracted with~ to bu~, receive by gift or devise, sell, lease, hold, and dispose of real and personal properCy for any public purpose~ to have the power of eminenc domain and to acquire by condemnation or otherwise all privace lands, riparian and ocher rights, necessary for public purposes and improvements. (S) To raise funds by taxation and to make such levy upon the caxable property in the City of Marco Island as will provide funds necessary for the operation of the cicy and for such ocher purposes as may be provided in general law, pursuant =o the general laws of Florida. (6) To appropriate and expend money for ar.y public purpose. Operating expenditures shall be limited to an increase from the prior year's expenditures of 3 percent plus the then-current Federal C.O.L.A. {Department of Labor, Bureau of Statistics, Consumer Price Index) per annum following the third full year of incorporation; except that chis shall not apply to expendicures under section 3.11, and shall nec apply to capital expenditures as provided in section 6.02. (7) To borrow money for public purposes. (8) To levy special or local assessments for local improvements and to hold liens for~public improvements. (9) To license and Csx privileges, businesses, occupations, and professions carried on and engaged in within the corporate lim/ts of the city and to classify and define IsEP 16m7 I ENROLLED 1997 ~gisla=ure 1729, Firs= Engrossed 1 2 3 · $ 6 7 9 10 11 12 13 14 15 16 '17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 such privileges, businesses, occupations, and professions for =he purpose of =axe=ion. (10} To do and perform all ocher ac=s as seem necessary and bas= adspeed co =he improv~menC and general in=erest of =he city, and =he pro=cc=ion o~ ~he heal=h, life, and property of the ci=y and i=s inhabi=an=s, no= con=rary Co =he laws of Florida. Sec=ion 1.02 Cons=ruction of Powers.-- (1) The powers of =he city under Chis char=er shall be cons=rued liberally in favor of =he ci=y. (2) The char=er of the ci=y may be revoked in accordance wi=h =he dissolu=ion procedure of chap=er X65, Florida S=a=u=es. Sec=ion 1.03 In=ergovernmencal eels=ions.--The ci=y may exercise any of i=s powers or perform any of ice func=ions and may par=icipa=e in =he financing =hereof, Join=ly or in cooperation, by con=fac= or o=herwise, wi=h any one or more ocher municipali=ies, s=a=e or local governmen=e or civil divisions or agencies =hereof or =he Uni=ed Sta=es G~vernmenc or any agency thereof. Sec=ion 1.0A Elec=ions.--All elec=ions required under any article or sec=ion of Chis char=er, as a~op=ed and subsequen=ly amended, shall be. conducted in accordance wi=h =he provisions of Florida's Election Code in i=s en=ire=y and as i= is sub~equen=ly amended. The Florida Elco=ions laws ere herab}- expressly adop=ed excep= =ha= council elec=ions shall be nonpar=isan~ candida=es for =he'council shall qualify by sea~ or group numbers~ qualifying shall be by pe=icion equal co I percen= of =he rs=er regis=re=ion in =he lee= general elec~ion~ and council elco=ions shall be held as prescribed in Sec=ion 5.02 of chis char=er. 4 CODING~Words.....~ ' ' ~.. are deletions; words underlil SEP 1 6 t997 · 7 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 ENROLLED 1997 Legislature HB 1729, Firs= Engrossed Sec=ion 1.05 Administrative Code.--An administrative code shall be adopted by =he city council and amended as necessary, defining =he departmental organization of the city and appropriate rules and regulations for =he conduct of such departments. The administrative code, as adopted, shall describe =he line of authority and responsibility of the various departments, as well as =he various relationships be=ween line and staff departments.. In addition, a graphic table of organization shall be included in said. administrative code which shall be adop:ed by ordinance. ARTICLE II - CORPORATE LIMITS Sec=ion 2.01 Description of Corporate Limits.--The following shall constitute =he Corporate Limits of =he City of Marco Island: 27 28 29 30 31 CODING~Worde ~ are deletions; words underli~ A Corporate Line lying offshore from Marco Island, in portions of Township 52 Sou=h, Range 26 East, Collier County, Florida, which line is described as follows: From =he corner common Sec=ions 17, 18, 19, and 20, Township S2 South, Range 26 East, run Westerly along the line common to said Sec:ions 18 and 19 =o a point 2,640 feet offshore in the Gulf of Mexico from the Mean High Tide Line Sec=ion 18 and point of beginning. From said point of beginning, run Southerly 2,640 feet offshore from =he Mean High Tide Lin~ of Marco Island, past =he Southerly point of said Island to the mouth of Caxambas Pass, =hence run Northeasterly in =he wa=ers of Caxambas Pass the center line of =he channel of said Caxambas AG M 1 2 4 S 7 9 10 11 12 13 14 1S 16 17 18 19 20 21 22 23 25 27 28 29 ENROLLED 1997 Legislature HB 1729, First Engrossed 31 CODIN~Words .~-r-i-a~e~ are deletions; words underlinec Pass; thence run Easterly along the centerline of the channel of Caxambas Pass, to a point intersecting a marked channel running Northerly towards Barfield Bay; thence run Northerly along the centerline of said channel to a point 300 feet offshore in Barfield Bay from the Mean High Tide Line of the Easterly end of lands formerly known as J.M. Barfield Subdivision, thence run Northerly, Easterly, and Southerly, 300 feet offshore in Barfield Bay from =he Mean High Tide Line of Marco Island to intersection with the centerline of Blue Hill Creek~ thence run Southeasterly along the centerline of Blue Hill Creek to a ~oint 300 feet offshore in Blue Hill Bay from the Mean High Tide Line of Marco Island; thence continua Nor:herly, Easterly, and Southerly 300 feet offshore in Blue Hill Bay from the Mean High Tide Line of Marco Island to centerline of :he aforementioned Blue Hill Creek; thence run N~rtheasterly along the cen:erline of Blue Hill Creek, but to a point intersecting the llne common to Range 26 East and Range 27 East, Township 52 'South, Coll£er County, Florida; thence run Northerly &long the line common to said Range 26 and 27 but to a poin: intersec:ing :he cen:erline of :he cha~nal of the Big Marco Ri~er, thence Northerly, Northwesterly, and Westerly &long :he centerline of the aforemen:ioned Big Marco River and out :hrough the marked Capri Pass, being 2640 feet offshore from the Mean High SEP ! $ t9 7 4 5 7 '9 2. O 12 1:2 1~3 14, "tS 16 17 18 :20 ~2 23 24 :25 27 :28 29 30 1997 Legislature 1729, First Engrossed Tide Line of Marco Island; thence run Southwesterly, Southerly and Southeasterly 2640 feet offshore from the Mean High Tide Line of Marco Island to the point of Beginning lying along the East-West line common to Sections 18 and 19, Township 52 South; RAnge 26 East. ARTICLE III - LEGISLATIVE Section 3.01 City Council; Co=position; Qualifications of Council.-- (1) There shall be a seven-member city council, elected from and representing the city at-large. (2) If at any time subsequent to the initial election, the electorate and/or the city council conclude =ha= the demographics of the city warrant that some of the city council seats should represent certain city districts while still being voted on by sll the city electors, such changes can be effected as provided for in the Municipal Home Rules Powers Act, chapter 166, Florida Statutes, or as provided for in section 6.01 and section 7.01 of this charter. (3) To qualify for office: (a) Each individual seeking to qualify as a candidate for a seat on the council shall submit a petition supporting his/her candidacy to the city manager (or, for =he initial election, to the Supervisor of Elections of Collier County) containing valid signatures of city'electors equal =o 1 percent of =he number of city electors registered in ~he last general election for the respective office sough=. (b) Each candidate for =he office of city council shall be a qualified elector of the city as provided in 31 section 5.01. 7 CODIN~sWorde ~ are deletions; words underlt~ 7 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 29 3O 31 ENROLLED 1997 Legislature HB 1729, First Engrossed (c) Each cand/date for city council office shall have been a resident of the city for a ~/nimum period of I year prior to qualifying for office. (d) If elected, the council members shall maintain residency throughout his/her term of office within the boundaries of the city. For the initial election, following the referendum approving the creation of the city, candidates for office shall qualify as provided in section 3.02(1) and section 5.03 where that section does not conflict with section 3.02. Thereafter, candidates shall qualify as pro~.ided in sections 3.01 and S.03. (4) The term of office for council shall be 4 years, except that, in order to provide for the staggering of terms, the initial term of office for the council members shall be as outlined in section 3.02. No person elected as council member shall b~ able to se~-~e more than two full consecutive terms. Each council member shall remain in office until his/her successor is elected and assumes the duties of the position. ($) At all elections for council, those persons certified as duly elected by the election supervisor shall take office at noon on the Monday following their election. Section 3.02 Initial Election.-- (1) The initial election for Council shall be by mail ballot and occur within 70 days fro~ ~he date of voter Approval of the charter referendum. (2) Qualifying for office.--At the initial election to be held under this charter, person~ w~shing to qualify for the initial election of council members shall simply designate =he office sought as 'council.' (a) Qualifying petitions shall be obtained fro~ and returned to the Supervisor of Elections. 8 CODIN~tWords s~ are deletions; words underl£~ SEP 1 6 1997 ENROLLED 1997 Legisl&ture HB 1729, First EnTrossed 1 2 3 4 7 8 10 11 18 ~0 21 22 2~ 27 28 2~ ~0 (b) To become a qualified candidate, petitions shall contain valid signatures of city voters equal to 1 percent of the total number of city electors registered in the last general election. (c) The qualifying peric~ shall commence at noon on the day following voter approval of the charter referen~%um and shall end at noon on the 30th day following voter approval of the charter referendum. (3) Instructions to voters for the initial council election shall be: (a) To "Vote for no more than seven' in the council races. (b) No elector may cast more than one vote for any one candidate. (4) Determination of win~ers shall be: (a) In the council races, those seven candidates receiving the highest number of votes s.hall be elected. (b) Those council members elected at such initial election, upon certification of the results of said election by the Supervisor of Elections of Collier County, shall take office at noon on the Monday following their election. (5) At the first council meeting, those initially elected council members shall determine the staggering of terms for reelec:ion as described in paragraphs (a) and (b); one council member shall be elected chairman b~ the council and shall preside. One council member shall be elected vice chairman by the council. & (a) The three council members receiving the highest number of votes shall serve an initial term ending at noon on the Monday following the second Tuesday of March 2002. CODINQ,Words ......... are deletions; words underline 5F.P 161997 ENROLLED 1997 Legislature HB 1729, Firs= Engrossed 9 10 11 12 13 14 15 16 '17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 (b) The four council members receiving the lowest number of votes shall serve an initial term ending at noon on =he Monday following =he second Tuesday of March 2000. Sec=ion 3.03 Salary of Council.--The salary of each council member, except for =he chairman, shall be $6,000 per year, payable in equal monthly installments. The salary of the chairman shall be $9,000 per year, payable in equal monthly installments. No increase in =ha salary, of council members shall be effective un=il after the next election for each office. Section 3.04 Presiding Officer; Chairman; Vice Chairman.--The council shall, a= =he firs= regular meeting after each city council election and the annual anniversary thereof, elect one of its own members to be chairman and elect one of its members to be vice chairman for a term of I year. The vice chairman shall, in the absence or disability of the chairman, have all =he power and prerogative and perform =he duties of =he chairman. The chairman shall preside a= =he meezings of the council and shall have a voice and vote in its proceedings. He/she will be the liaison officer between =he city council and =he city manager and city attorney, except when the council is in session. He/she shall be recognized as head of the city government and by the Governor for purposes of military law. Section 3.05 General Powers and Duties.--All legislative powers of the city shall be vested in =he city council, which shall provide for =2~e exercise =hereof and for the performance of all duties and obligations imposed on the city by law. The council may delegate to the city magager =he power to execute contracts, deeds, and other documents approved by the council, and =o represent the city in all 5EP 16 1997 10 CODINg:Words ~Tx-i~-k=:xare deletions; words underlinec ENROLLED 1997 Legislature 1729, First Engrossed 24 25 26 27 29 31 1 fgreements with other governmental entities or certifications 2 to other governmen:al entities. 3 Sec:ion 3.06 Prohibitions.-- 4 (1) Holding O:her Office.--No former elected city ~ official shall hold any compensated appointive city office or 6 city employment until 4 years after the expiration of the term 7 for which he or she was elected. '8 (2) Members of Council No: :o Interfere.--No council 9 member shall direct or request :he appointment of any person 10 =o, or his/her removal from, office by the city men,get or by 11 any of his/her subordinates, or in any manner take par: in the 12 appointment or removal of officers and e~loyees in the 13 administrative service of =he city except as provided in this 1% charter. Except for :he purpose of inquiry, the council end 1S its members shall deal with the administrative set%rice solely 16 =b. rough the city manager and neither the council nor any 17 member thereof shall give Orders to any subordinates of the 18 ci:y manager, ei:he~ publicly or privately. Any council member '~9 violating the provisions of :his sec:ion shall be subject to 20 recall as herein provided. 21 Section 3.07 Vacancies, Forfeiture of office, Filling 22 of Vacancies.-- 23 (1) Vacancies.--The office of council member shall become vacant upon death, incapacitation due to long-term illness, resignation, removal from office in any maz~ner authorized by general law, or forfeiture of the council member's office. (2) Forfeiture of office.--The council member shall forfeit office if he or she: 11 CODING~WOrdS ~ are deletions; words underlin~ 5EP 1 6 1997 7 10 11 13 18 19 2O ~7 ~8 3O ENROLLED 1997 Legislature HB 1729, Firet Engrossed (a) Lacks at any time during the term of office any qualification for the office prescribed by thie charter or by general law~ (b) Violatee any e=andard of conduct or code of e=hice eetablished by general law for public officials; or (c) Ie absent from four consecutiv~ regular council mee=inge without being excueedby =he council. (3) Filling of Vacancies.--A vacancy in the office of a council member shall be filled ae provided by general law, except =hat if =here are 28 monthe or leee of =he ~erm remaining, =he council shall appoint by S/7 vote a replacement. If 28 months or more are remaining the vacancy shall be filled at =he next regularly scheduled election. (4) Extraordinary Vacancies.--In =he even= that four or more vacancies occur on =he council for whatever reaeon and by whatever cause, =he Governor shall aI~oint interim council members =o fill =he vacancies. The newly cone=i=uted council shall call a special election as provided in eubsectio~ (3}. Such election shall be done and the council organized in =he eame manner as the firs= election of council membere under =his char=er. Sec=ion 3.08 City Manager to Serve ae City Clerk.-oThe city manager shall serve as clerk Of =he city and ehall give' no=ice of council meetings to its members and to the l~ublic and shall keep the Journal of its proceedings which ehall be a public record. Section 3.09 Procedure.-- ~ (1) Meetinge.--The council ehall meet regularly at least once in every month a= euch timee and places ae the council may prescribe by rule. Special meetinge may be held on the call of =he chairman or of a majority of the members 12 CODIRQ,Words ~ are deletions; words underlin. SEP ! $ Igg? ENROLLED 1997 Legislature HB 1729, Firs: Engrossed 1 2 4 S 7 9 10 11 12 13 14 1S 16 17 18 19 2O 21 12 23 24 25 26 27 29 3O 31 and, whenever practicable, upon no less t]~n 24 hour's no:ice :o each member and :he public. All meetings shall be public. (2) Rules and Journal.--The council shall determ/ne its own rules and order of business and shall have a journal containing all minutes of meetings. (3) Voting.--Voting, on ordinances and resolutions, shall be by roll call and shall be recorded in :he Journal. A majority of :he council shall cons:truce a quorum; bur a smaller number may recess from rime :o rime and may compel :he attendance of absent members in :he manner and subject :o :he penalties prescribed by :he rules of :he city council. No ac:ion of the city council except as otherwise provided herein and in sec:ion 3.06 shall be valid or binding unless adopted by :he affirmative vote of :he maJori:y of all council members. Ail council members present shall vote on all mat:ers before the city council except on :hose maC:ers on which a council member announces a conflict of interest or the city attorney de:ermines :ha: :here is · conflict of interest. Sec:ion 3.10 Ordinances in General.--The procedure for adopt/on of ordinances shall be as provided by general law. Sec:ion 3.11 Emergency Ordinances.-oThe council may by a five-sevenths vote enact emergency ordinances wi:hour complying with the requirements of sec:ion 3.10 or section 10.04. Every emergency ordinance except emergency appropriations shall become effective immediately and shall automatically stand repealed as of :he 61s: day following :he da:e on which it was adopted, bu: :~is shall no: preven: reenac:men: of the ordinance under regular procedures, or if :he emergency continues :o axis:, in the manner specified in this section. An emergency ordinance may also be repemledby 13 CODINg=Words J"~ are deletions; words underline¢ 2 3 S 7 9 :LO 12 '13 ~4 'IS 16 '1'7 '38 19 :20 :23 :24 2'7 :28 29 30 3:2. 1997 Leg£sla=ure HB 1729, First Engrossed adoption of a repealing ordinance in the same manner specified in this section for adoption of emergency ordinances. Section 3.12 Budget Adoption.--The council shall by ordinance, adopt a balanced annual budget pursuant to general law and section 1.01(5) and section 1.01(6). Sec=ion 3.13 A~propriation Amendments During r~he Fiscal Year. -- (l) Supplemental Appropriations.--l~ during r. he £iacal year revenues in excess of those estimated in the buret are available for appropriation, the council may make ~upplemental appropriations for the year up to the amount of such ~.~ :ess. (2} Reduction of Appropriations.--Xf at any t~d during the fiscal year it appears probable to the city manager that the revenue available will be !~_tufficien~ to meet the amount appropriated, he/she shall repot= to the council without delay, indicating the es=imated amount of the deficit, any remedial action taken by him/her and his/her recommendations as to any other steps to be oaken. The council shall then take such further action as it deems necessary to prevent any deficit and for r~bat purpose it may reduce one or more appropria~icrns. (3) Limitations, Effective Date.--No appropriation for debt service may be reduced or tram_~ferred, and no appropriation may be reduced below any amount required by law ~o be appropriated or by more ChArt the amount of unencumbered Balance thereof. The supplemen=al and emergency appropriations and reduction or tra~mfer of appropriations authorized by this sec~Aon may be made effective iunediately upon adoption. (4) Tra~tfer of Appropriations.--At any time during the fiscal year the city manager may transfer pax~c or all of 14 CODIN~,Words ~ are dele=ions; words ~underlined / SEP ! 6 B97 1 2 3 ENROLLED 1997 Legislature 1729, First Engrossed 4 7 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 24 25 26 27 29 30 31 15 CODXN~,Words ~ are deletions; words underlined any unencumbered appropriation balance among programs within & department, office, or agency and, upon written request by the city manager, the council may transfer part or all of any unencumbered appropriation balance from one department, office, or agency to another. Section 3.14 Authentication, Recording, and Disposition of Charter Amendments, Ordinances and Resolutions.-- (1) Authentication.--The chairman and the city manager shall authenticate by their signatures all ordinances and resolutions adopted by the council. In addition, when charter amendments have been approved by the electors, the chairman and =he city manager shall authenticate by their signatures the charter amendment, such authentication to reflect the approval of the char=er amendment by the electorate. (2) Recording.--The city manager shall keep properly indexed books in which shall be recorded, in full, all ordinances and resolutions passed by the council. Ordinances shall be periodically codified. The city manager shall also maintain the city charter in current form and shall enter all charter amendments and send certified copies of amendments to the Secretary of State. (3) Printing.--The council shall, by ordinance, establish procedures for making all resolutions, ordinances, technical codes adopted by reference, and this charter available to the people of the city for public inspection and available for purchase a= a reasonable price. Section 3.15 Codes of Technical Regulations.--The council may adopt any standard code of technical regulations by reference thereto in an adopting ordinance and such ordinance may amend the code. The procedure and requirements SEP ! 6 9g? ,'? 1 2 3 ENROLLED 1997 Legislature HB 1729, Firs= Engrossed 4 5 9 10 11 12 13 14 15 16 17 15 19 2O 21 22 23 24 25 26 27 28 29 30 31 governing such an adopting ordinance shall be aa prescribed for ordinances generally (1) The requirements of section 3.14 for. distribution and filing of copies of the ordinances shall be construed include copies of the code of technical regulations as well as of the adopting ordinance, and (2) A copy of each adopted code of =echn£cal regulations as well.as the adopting ordinafice shall be authenticated and recorded by the ti=y manager pursuant section 3.14. Section 3.16 Planning Commission.--There shall be a planning commmission advisory to the council. The planning commission shall have such functions and duties as delegated to it by ordinance of the council, which shall include zoning. The planning commission shall consist of no fewer than five unsalaried residents of the city, appointed by the council. ARTICLE IV - ADMINISTRATIVE Section 4.01 City Manager.--There shall be a city manager who shall be the chief administrative officer of the city. The city manager shall be responsible to the council for the administration of all city affairs placed in the manager's Charge by or under this charter. Section 4.02 Appointments; Removal; Residency; Compensation.-- (1) Appointment.--The council shall appoint a city manager by a vote of five of the sevmn council members. The city m-nager shall serve at the will of the council and shall not be given a fixed term by resolution, ordinance, contract, or otherwise. (2) Removal.--The council may remove =ha city~m~nager for good cause shown, by the affirmative vote of a: leas= four 16 CODING:Words stn-i-:4v~n are deletions; words underline~ J SEP I_,,., 1997 Legislature HB 1729, Firs: Engrossed 1 2 3 4 5 7 8 9 10 11 12 13 14 15 16 17 19 20 21 22 23 24 25 26 27 29 3O 31 members of the council. Upon request by :he city manager, be made wi:hin 5 days after receipt of ~ritten no:ification of such vote, a public hearing shall be held wi:hin X0 days receipt of such reques:. After such hearing, :he council by affirmative vote of ac least four council members shall decide whether to reconsider its previous action. (3) Residency.--The manager need no: be a residen: of :he city or scats at the time of the manag6r'a appoin:men: may reside outside the city while in office only with :he approval of the council. (4) Compensation.--The compensation of the city manager shall be fixed by the council. Section 4.03 Acting City Manager.--By let:er filed with the council, the city manager may designate a qualified city administrative officer to exercise the powers and perform the duties of manager during the city manager's :emporary absence or disabiliCy, noc to exceed a period of 30 days. During such absence or disability, Che council may revoke such designation at any cime and appoinc another officer of :he city to serve until che city manager shall return or the city manager's disability shall cease. Section 4.0¢ Powers and Duties of :he City Manager.--The city manager shall: (1) Appoint and, when deemed necessary for :he good of :he city, suspend or remove any city employees and appoincive administrative officers provided for by or under :his charter, except as otherwise provided by la~, this charcer, or personnel rules adopted pursuant to this charter. The city manager may authorize any administrative officer who is subject to :he direction and supervision of the city manager 17 : CODING,Words ~ are deletions; words underline SEP 16'1997 2 6 ? 9 ~0 15 16 17 19 2~ 27 3O ENROLLED 1997 Legislature HB 1729, First Engrossed to exercise these powers with respect to subordinates in that officer,s department. (2) Direct and supervise the sdm/nietrstion of all departments, offices, and agencies of the city, except as otherwise provided by this charter or by law. (3) Attend all council meetings and shall have the right to take parc in d/scussion, but may not vote. (4) See that all laws, provisions o~ this charter, and acts of the council, subject to enforcement by the city manager or by officers subject to the city manager's direction and supe~-vision, are faithfully executed. (5) Prepare and submit the annual budget, budget message, and capital program =o the council in a form provided by ordinance. (6) Submit =o =he council and make available to the public a complete report on the finances and a~m/nistrative activities of the city as of the end of each fiscal year. (7) Make such other reports as the council may require concerning the operations of city departments, offices, and agencies subject to his/her direction and superv-leion. (8) Keep =he council fully advised as to the financial condition and future needs of the city and make such recoTnmendations to the council concerning the affairs of the city as he/she deems desirable. (9) Perform such other duties as are specified in this charter or as may be required by the council. Section 4.05 Supervision oflDepartments...Except as otherwise provided in this charter or by general law, the city manager shall be responsible for the s%q~ex-~lsion and d/faction of all departments, agencies, or offices of the city. All departments, offices, and agencies under the direction and 18 CODIN~tWords ~ are deletions; words .underlinec SEP 1 6 1997 ~NROLLED 1997 Legislature 1729, First Engrossed 1 2 3 4 S $ 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 3O 31 supervision of the manager shall be administered by an officer appointed by and subject to the direction and supervision of the manager. With the consent of council, :he manager My serve as the head of one or more such departments, offices, or agencies or may appoint one person as the head of two or more of them. The city manager shall prepare and enforce personnel policies and shall keep such policies current and in conform/ty with applicable federal and stat~ laws. These policies shall be approved by the city council. Section 4.06 Administrative Code.--The man~ger shall develop and keep current an administrative code for the purpose of implementing ordinances passed by the council. Section 4.07 City Attorney.--There shall be a city attorney, appointed by the council, who shall serve as chief legal advisor to the council and city administrators and shall represent the city in all legal proceedings and perform such other related duties as the COLLncil may deem necessary. The city attorney may be full time or part time or on retainer as the council may deem necessary. If the position of city attorney is full time, the provisions of section 4.02 applicable to the city manager shall, be equally applicable to the city attorney. ARTICLE V - NOMINATIONS AND ELECTIONS Section 5.01 Electors.--Any person who is a resident of the city, who has qualified as an elector of :his state, and who registers in the procedural m~nner prescribed by general law, shall be an elector o~ the city. Section S.02 Nonpartisan Elections.--All nominations and elections for the office of city council member aha11 be conducted on a nonpartisan basis. There shall be no designation of the political party affiliation of any nominee 19 CODIN~Words ~ are deletions; words underline AGEN~AA~EM SEP 1 6 t997 ENROLLED 1997 Legislature HB 1729, First Engrossed 1 on any norflination petition or ballot. ;%11 candidates for 2 office must have been city residents for at least I year 3 immediately prior to qualifying. Elections shall be held on 4 the second ~uesday in March of even-humOred years and shall 5 be by mail ballot except in presidential primary years when $ the election shall be held concurrantly~"l:h the state primary 7 election unless the state primary election date is changed 8 from March to another month. '9 Section 5.03 Nominations.--Candidates for the city 10 council seats for which there are vacancies shall be nominated 11 no la=er than the seventh Tuesday preceding the election, and 12 no sooner than =he ninth Tuesday prior to the election. 13 Nominating petitions shall conform to state law. Candidates 14 shall comply with state campaign finance laws. Nomutnating 15 petitions shall be obtained from and submitted to the city 16 manager. Each petition must contain the candidate's name and 17 =he office sought; i.e., City of Marco Island Council Member. 18 Filing of a written petition with the designated city official 19 shall be in the following manner: 20 (1) Any elector of the city may be nominated for 21 election by petition signed by electors of the city not less 22 in number than i percent of the number of persons registered 23 in the city at the last general election. 24 (2) The signatures shall be executed in ink. The 25 printed name of the signer, date of signing, and the signer's 26 curren: street address of residence shall be indicated next to 27 the signature. ~ 28 (3) Each candidate's nominating petition must be 29 acco~anied by · certification of the Collier County 30 Supervisor of Elections that the candidate had sufficient 31 petitions signed by qualified voters of the city. 20 CODINg:Words m-~ are deletions; words underlin 2 ? 12 15 -o 19 2~ 27 29 3O 31 ENROLLED 1997 Legislature HB 1729, First Engrossed Section 5.0% Form of Ballots.--Unless otherwise stipulated by general law, the council by ordinance shall prescribe the form of the ballot. An ordinance or charter amendment to be voted on ~ the city shall be presented for voting by ballot title. The ballot title of · measure may differ from its legal title and shall bm · clear, concise statement describing the substance of the measure w~thout argument or prejudice, followed by the wor~.'Yes' and also the word 'No' and shall be styled in such manner that 'Yes' indicates approval of the measure and 'No' indicates reJect£on of the measure. Section 5.05 (1) The candidates receiving the most votes for the office sought shall be elected. Section 5.06 Canvass of Elections.--For the canvass of votes for any election'held pursuant to this charter, except for an election held concurrently with any re.=ular stats or countywide election, the canvassing board shall be composed of the chairman or his/her designee if he/she is opposed or incapacitated, the city manager, and the city attornsy. Section 6.01 Initiative.--The qualified voters of the city shall have the power to propose ordinances to the council and, if the council fails to adopt an ord/nance so proposed without any change in substance, to adopt or reject it at · city election, provided that such the budget or capital program or appropriation of money, levy of taxes, or salaries of city officers or employees. Section 6.02 Referendum.--The qualified voters of the city shall, through the initiative process, have the power to 21 CODINGzWords,~,*~,, are deletions; words underlined SEP I 6 1997 Eh'ROLLED 1997 Legislature HB 1729, First Engrossed 1 2 3 4 6 7 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 26 27 28 29 30 31 propose or require repeal by =he council of any adopted ordinance if the council fails to repeal or amend an ord/nance so proposed to approve or reject i= at a city election, provided =ha= such ordinance shall no= ex=end to the operating budge= or any emergency ordinance relating to appropriation of money, but shall extend to an ordinance providing any single capital expenditure in excess of $250,000. If =he proposed ordinance to repeal an existing city ordinance has met the signature requirements of section 166.031, Florida Statutes, council shall repeal or amend the ordinance rather =hen place it on the ballot for a vote by the qualified electors. Section 6.03 Recall.--Recall of elected officials shall be as provided for by general law. Section 6.04 Commencement of Proceedings.--Any five qualified voters may co~m~ence initiative and referendum proceedings by filing with =he city manager or other official designated by the council an affidavit stating they will cons=/=ute =he petitioner's committee and be responsible for circulating the petition and filing i= in proper form, stating their names and addresses and specifying the address =o which all notices =o =he commit=es are to be sent, and setting out in full the proposed initiative ordinance or citing the ordinance sought to be reconsidered. Promptly after the manager or other official designated by the council shall, at the comm/ttee's request, issue the appropriate petition blanks to the petitioner's cou=a/=tee at th~ cou=dttee's expense. Sec=ion 6.05 Petition.-- (1} N~w~er of Signatures.--Initiative and referendum petitions must be signed by qualified voters of the city equal 22 CODIN~Words ~-rr-~-c4~n are deletions; words underlined ~ SEP 16 lgg7 ENROLLED 1997 legislature HB 1729, First Engrossed 7 9 10 11 12 13 16 17 18 19 20 21 22 23 24 26 27 28 29 3O 31 in numar to at least 10 percent of the total numar of qualified voters as of the last regula~ city election. (2) Form and Content.--All papers of a petition shall be uniform in size and style and shall be asses%bled as one instrument for filing. Each signature shall be followed by the printed name and current street address of the person signing and the date on which the petition was signed. Petitions shall contain or have attached t~ereto throughout their circulation the full text of the ordinance proposed or sought to be reconsidered. Petitions must be accompanied by certification of the Collier County Supervisor of Elections as to the number of petitions signed by qualified voters of the city. There can be only one signature per petition form. (3) Time for Filing Referendum Petitions.--Referendum petitions must be filed within 45 days after adoption by the council of the ordinance sought to be reconsidered. Section 6.06 Procedure for Filing.-- (1) Process for Petitioning.--City initiative petition proceedings shall commence only after petitioners have filed appropriate papers with the Ci:y Manager forming a political action committee as required by the general election laws of the State of Florida. The format and content of the petition to be circulated shall conform to the requirements of general law for amending municipal charters and the general election laws and administrative rules for initiative petitions. Prior to circulation of any petition, it shall be subnL%tted to the City Attorney for review of the petktion,s format for techn/cal sufficiency. The City Attorney shall pro~lde written comment of that re~-lew within seven (7) days. No review as to the legal sufficiency of the proposed amendment's text is to be undertaken by the City Attorney. The numar of 23 CODIN~Words ~ are deletions; words underlined SEP ! 6 1997 1 2 3 ENROLLED 1997 Legislature 1729, First Engrossed 4 5 6 7 10 11 12 13 1% 15 16 17 18 19 10 21 22 23 26 27 28 29 30 31 valid voter signatures are as provided in section 166.031, Florida Statutes. Petitions for amendments of the city charter or proposing ordinances for the city shall be received and considered by council only if accompanied by a certificate from the county's supervisor of elections as to the number of valid city electors thereon. (2) Within twenty business days after certification of the registered voters is received from the'supervisor of elections, the city manager or other official designated by the council shall complete a certificate as to its. sufficiency, or, if it is insufficient, specifying the particulars wherein it is defective, and shall promptly send a copy of the certificate to the petitioner's committee by registered mail. Grounds for insufficiency are only those specified in section 6.05. No petitions shall be circulated which are deficient as =o form or compliance with section 6.05 pursuant to the written review by the City Attorney in subsection (1) of this section. If the number of signatures is insufficient, the council shall notify the committee filing the petition and allow 30 additional days for filing of additional petition papers, at the end of which time the sufficiency or insufficiency of the petition shall be finally determined. Section 6.07 Referendum Petition; Suspension of Effect of Ordinance.--When a referendum petition is filed with the city manager or other official designated by the council and deemed sufficient, the ordinance s~ught to be reconsidered shall be suspended from taking effect. Such suspension shall terminate when: (1) The petitioner's comm/ttee withdraws the petition; (2) The council repeals the ordinance; or CODING~Words ~ are deletions; words underlined are ~ SEP ! 6 '1997 2 3 '7 8 9 10 12. 12 13 1% 17 21 22 1997 Legislature HB 1729, Firlt ~TOlled 26 27 28 29 30 31 {3) After a vote of the city electors on the ordinance has been csr=ified. Section ~.08 Action on Peri=ions.-- '(1) Action by Council.--Once =he certification of valid ci=y electors is received, council shall take appropria=e ac=ion addressing the sufficiency of She petition pursuant to section 166.031, Florida S=atu=es. If the petition is sufficient, council shall schedule =he item for an election or, if appropriate under section 6.02 of this charter, council may repeal or amend in existing ordinance thereby negating the need for in election. The council, in i=s discre=ion, may schedule =he ma=ret at either the next city election or a special election. If =he peri=ion is to repeal an ordinance, council shall determine whether or not to repeal or amend the existing ordinance at the next regularly scheduled council meeting following the determination of pe=i=ion sufficiency. Ii council, in i=s discretion, determines not =o amend or repeal =he ordinance pe=i=ioned for repeal, a special election shall be called not less than ninety (90) days from the date of determination of petition sufficiency. The special election on =he repeal of an ordinance shall be by mail ballot unless such election can be scheduled concurrently with a cS=y, coun=y, s=ate, or federal election occurring wi=hin =hat =ime period. (2) Submilsion to Vo=ers.--If council decides a special elec=ion is =o be held, it shall be conducted by mail ballot not less than nine=y (90) da~s from =he da=e of council'l determination of the need for a special election if there il no intervmning city, county, state or federal election on which thil mat=er could be placed. Passage of =he times provided in lublection (1) without action by the council 25 CODXNG~Words ,LA',,~=.' Z are deletions; word~ underlined a S£P 16 S 7 8 9 10 11 '12 13 15 16 :17 18 19 20 21 22 23 24 25 ENROLLED 1997 Legislature 1729, First Engrossed 27 28 29 30 31 shall be considered rejection, refusal, or declination. Copies of the proposed ordinance shall be made available to the voters--either at the polls or by mail ballot, whichever is appropriate. Any petition rejected by the voters may not be su~tted again for one year. If repeal of a law is rejected by the voters, the law shall not again be suspended until repeal is suppor:ed by the voters or the council repeals it. (3) Withdrawal of Petit£ons.--An in~tiative or referendum petition may be withdrawn at any time prior to the fortieth day preceding the day scheduled for a vote of the city by filing with the city manager or other official designated by the council a request for withdrawal signed by at least four members of the petitioner's committee. Upon the filing of such request, the petition shall have no further force or effect and all proceedings thereon shall be terminated. Any and all costs, including labor, associated with the preparation and acquisition of supplies for the conduct of an election scheduled, but subsequently canceled because of the withdrawal of the petition, shall be reimbursed by the city to the supervisor of elections in full. Section 6.09 Results of Election.-- (1) Initiative.--If a majority of the qualified electors voting on a proposed initiative ordinance vote in its favor, it shall be considered adopted upon certification of the election results and shall be treated in all respects in the same manner as ordinances of the same kind adopted by the council. If conflicting ordinances[ are approved at the same election, the one receiving the greatest number of affirmative votes shall prevail to the extent of such confltc:. (2) Referendum.--If a majority of the qualified electors voting on a referred ordinance vote against it, it 26 CODING~Wordsa~,~=~,~ ~ ' ~ are deletions; words underlined SEP I $ 'lgg7 ENROT.L~D 1997 Legislature HB 1729, First Engrossed 1 2 3 & 7 9 10 11 12 13 1% 15 16 17 19 20 21 22 24 25 26 27 29 30 31 shall be considered repealed upon certification of the election results. ARTICLE VII - GENERAL PROVISION Section 7.01 Charter Amendment.--This char=er may be amended in accordance with the provisions for charter amendments as specified in the Municipal Home Rules Powers Ac=., ch. 166, Florida Statutes, as the same maybe amended from time to time or its successor, or as may otherwise be provided by general law. Section 7.02 Code of Ethics.-- (1) Public officers, employees, members of licensing or adviso=y boards, and candida=es shall conform to the 'Code of Ethics for Public Officials and Employees,. Part III of chapter 112, Florida (2) Public officers shall file Form I with the Collier County Supervisor of Elections annually by July 1. Candidates shall file Form I a!ong with their qualification .documents. Employees and members of licensing or &dvisor~boards shall file Form I annually by July I if required by state law. Persons such as attorneys, engineers, certified public accountants, and the like, serving the ctty under full or par= time, shall file Form i and Form 3 annually by July 1. In =he event .=hat the Florida Code of Ethics is amended or the forms changed, this Code of Ethics would comply with the updated version. Section 7.03 Transitional Comprehensive Plan and Land Development Regulations.o- (1) Until such time as the city adopts a comprehensive plan, the applicable provisions of the comprehensive plan and all existing land development re~ulations of Collier County, Florida, as the same exists on the day the city commences 27 CODIN~lWords ~ are deletions; words underlin, SEP ! $ ]997 ENROLLED 1997 Legislature lib 1729, First Engrossed 1 2 3 4 S 7 .8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 26 27 29 30 31 corporate existence, shall remain in effect as the city's transitional comprehensive plan and land development regulations. However, all planning functions, duties, and authority shall thereafter be vested in the city council of Marco Island, which shall be deemed the local planning agency until the council establishes a separate local planning agency. (2) Ail powers and duties of the CJllier County Planning Commission and any Board of Adjustment and Appeals created pursuant to statutes, trade codes, and County Commission of Collier County, Florida, as set forth in these transitional zoning and land use regulations, shall be vested in the city council of Marco Island until such times as the city council delegates all or a portion thereof to another entity. (3) Subsequent to the commencement of the cl%y's corpora:e existence, no amendment of the comprehensive plan cr land development regulations enacted by the Collier County Commission shall be deemed as an amendment of the city's transitional comprehensive plan or land development regulations or shall otherwise take effect within the city's corporate limits unless approved by the city council. Section 7.04 Legislation Review.--The council shall review during and within each even-decade year the city charter, the city ordinances and the city resolutions then in existence. Following such review it shall take such action as may be in the best interests of thetcity in accordance with the provisions of this charter. Nothing herein shall invalidate any charter provision, ordinance, or resolution then in effect. 28 CODiNG,Words~-~-ia~=,, .... are deletions; words underli: $£P 1 $1997 · ENROLLED '1997 Legislature HB 1729, Firs= Engrossed 1 2 3 4 S 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 30 31 Sec=ion 7.05 Penal=les.--Viola=ions of ordinances shall be punishable in accordance wi=h =he uniform fines and penal=les se= by general law. Sec=ion 7.05 Severabili=y.--if any ar=icle, sec=ion, subset=ion, sen=eh=e, clause, or provision of =his char=er or =he applies=ion =hereof shall be held invalid for.any reason, =he remainder of =he char=er fund of any ordinances or regula=ions made =hereunder shall remain in'full force and effec=. ARTICLE VIII - MARCO ISLAND FIRE CONTROL DISTRICT Sec=ion 8.01 Dissolu=ion.--Upon =he effec=ive dace of chis charter, the Marco Island Fire Con=rol Distric=, an independen= special dis=ri== =rea=ed by a special ac= of =he Legisla=ure, shall cease =o exis=; and chap=ers 65-1413, 78-491, 79-444, 80-595, 82-282, 84-415, 89-456, 90-464, Laws of Florida; sec=ions 8.01-8.07 of chap=er 90-457, Laws of Florida; and sec=ions 8.01-8.07 of chap=er 93-384, Laws of Florida, are repealed. However, =he Distric= shall con=inue to opera=e and func=ion as normal un=il council members have been elec=ed and decide co al=er responsibili=ies or func=ions. From =ha= dace forward, the ci=y shall have, exercise, and enjoy all righ=s, immuni=ies, powers, benefi=s, privileges, and franchises now and formerly possessed or held' by saio Marco Island Fire Con=rol Dis=ri==. Sec=ion 8.02 Transfer of Asse=s.--The liabili=ies, and con=rac=s of =he Marco Island Fire Dis=ri==, including all righ=s, obl~ga=ions, du=ies, and rela=ionships now exis=ing by law or agreemen=, includin9 responsibili=y =o provide fire pro=ec=ion service Co =he area of Marco Island known as Goodland, shall be unaffec=ed and shall remain in full force and effec= and shall become =hose 29 CODINP~Words ~ are deletions; words underlined ar SEP ! 6 ENROLLED 1997 Legislature HB 1729, First Engrossed 1 2 3 · S 7 9 10 11 12 14 16 17 19 2O 21 23 24 26 27 29 3O 31 of the City of Marco Island. All rights, claims, actions, orders, and all con=rac=s between =he special dis=riot and dis=rict personnel, and all legal or administrative proceedings involving the district, shall con=inue in full force and effec= under the Jurisdiction of =he City of Marco Island. Section 8.0~ Transfer of Resolutic~ns and Policies.--To =he exten= no= inconsisten= with this chard'er, all resolu=ions and policies of the Marco Island Fire Con=rol Dis=r1== shall remain in effect until amended, revised, or re~ealed by =he city council. Section 8.04 Transfer of Services.--Fire pro=cotton services =o the area formerly served by the Marco Island Fire Control District shall thereafter be a function of the City of Marco Island. Service to =he area known as Goodland, outside the boundaries of =he city, will be provided in accor6ance with an in=ergovernmen=al agreemen= with Collier County. Sec=ion S.05 Transfer of Personnel.--Employees of =he Fire Con=rol District shall become employees of =he city, and all rights as =o vaca=ion, sick leave, pay grades, retirement, insurance, and similar personnel benefits shall be preserved until such time as rules, regulations, and personnel procedures have been established by =he city. Section 8.06 Establishment of Advisory Board.--Those elected Fire Commissioners of the Marco Island Fire Control Distric= currently in office shall continue as an adv/sory board of =he ci=y until =he expira=~on of =heir =erms of office. Sec=ion 8.07 Fur=her Provisions by Ordinance.--Such further provisions as are deemed necessary =o effect =his 30 CODINGzWords a~i~ are deleCions~ words underlined SEP I $ ENROLLED 1997 Legisla=ure 1729, Firs= Engrossed 1 2 3 4 S 7 8 10 11 12 13 14 15 16 '17 19 20 21 22 23 25 27 29 30 31 transition and Co provide for =he opera=ion of the Marco ARTICLE IX - STATE-SHARED REVENUES AND LOCAL OPTION GAS TAX~S Section 9.01 Ci=y Par~tctpa=ton in State-Shared Revenues Programs and Local Op=ton Gas Taxes.-- (1) I= is recognized =~= the serv/cee provided by tndependen= discrtc=s within municipal boundaries prov/de ellen=iai services which would cus=omarily~e prov/ded by municipal governmen=. It is therefore declared the= =he City of Marco Island shall be eligible co part/c/paCe in revenue-sharing beyond the minimum anti=leman= in any fiscal year, provided the= the City and all tndependen= special dis=riots creeled under special law, combined, levy md valorem =a. xes in amounts as required by sac=ion 218.23, F.S. (2) Slate-shared revenues.--The Ct=y of Marco Island shall be entitled =o par=tcipate in all shared revenue programs of =he Slate of Florida effec=ive immedia=ely on the date of incorporation. The provisions of subsection 218.23(1), F.S., shall be waived for the purpose of eligibilt=y to receive revenue sharing funds from =ha dace of tncorpora=ton through the stale fiscal year 1997-1998. For purposes of meeting provisions of subsection 218.23(1), F.S., relating =o ad valorum =axa=ion, =he m/llaga lev/ed by special d/strtc=s within the cor~ora=e ltmt=s of =he City may be used for an indefinite period of t/me. Sec=ion 218.26(3}, F.S., shall be waived for the 1997-1998 sta=a fiscal y~ar and =he epporcionmen= fac=ors for the muntc~paliCies and counties shall be recalculated pursuant to s. 218.245, F.S. Initial population est/maces for calculating eltgibtlt=7 for shared revenues shall be da=ermined by the Univ~rsic7 of Florida Bureau of Economic and Business Research. Should =he Bureau 31 CODINU=Words ~ are deletions; words underlined '7 8 9 10 12 13 17 18 19 2O 22 2:3 2¢ ~5 :26 30 31 ENROLLED 1997 Legislature 1729, First Engrossed be unable to provide an appropriate popula=ion es=ima=e, =he Collier County Department of Coummu~i=y Develolmment shall provide an appropria=e estimate. (3) Local Option Gas Taxes.--Notwithstand/ng the requirements of Sec=ion 336.025, F.S., to the con=rary, tha Ci=y of Marco Island shall be en=i=led to receive local op=ion gas =ax revenues beginning October 1, 1997. The said revenues shall be dia=ributed in accordance wi=h SeCtion 336.025, F.S. ARTICLE X - TRANSITION SCH~ULE Section 10.01 Referendum.--The referendum election called for by =his ac= shall be held within 120 days after approval by the S=ate Legisla=ure and, in any case, no later =hah Sap=ember 1, 1997, at which =ime the following ques=ion shall be placed on =he mail ballo=: INCORPORATION OF THE CITY OF ~4~RC0 ISI2~TD 'Shall HB/~ as enac=ed by the 1997 Legiala=ure crea=ing a City of Marco Island and providing for i=s Char=er, be approved?" £1 Y~S [] NO In the even= this ques=ion is answered affirma=ively by a majori=y of the voters voting in the referendum, the provisions of =his char=er shall take effec= in accordance wi=h this =ransi=ion schedule. Sec=ion 10.02 Council Election.--The tim/ng and schedule for =he ini=ial elec=ion i~ described in section 3.02. The expense of such election shall be repaid by =he ci=y wi=hin 12 mon=hs. Sec=ion 10.03 Schedule.-- 32 CODIN~zWords ~ are deletions; words underlined areN~~ SF.P 16299? ~97 Le~islature HB 1729, First Engrossed 1 2 3 ¢ S 7 8 10 11 12 13 14 1S 17 18 19 20 21 22 24 26 27 28 29 30 31 (1) First Council Meeting.--The organizational meeting shall be held on the first Tuesday following the election at 9:00 a.m. at the Frank Mackle Community Park, Marco Island. The city council shall organize in accordance with the provisions of Article III of this charter· (2) The newly elected council members will promptly appoint an acting city attorney. (3) Terms of Office of First Counc~l.--Co~ncil members elected pursuant to this section shall hold office until their successors are elected in the elections for city offices called0 pursuant to section 3.01. Section 10.04 First-Year Expenses.--The city council, in order to provide moneys for the expenses and support of the cityuncil such times as a budget is adopted and revenues are raised in accordance with provisions of this charter, shall have the power ~nd authority to borrow money by resolution of the city council upon notes or other obligations of =he city; but in no event shall such borrowings exceed $750,000. Section 10.05 Transition Ordinances.--The council shall adopt ordinances and resolutions required to effect the transition. Ordinances adopted within 60 days of the first council meeting under this charter for the ~ur~oae of facilitating the transition may be passed as emergency ordinances following the procedures in Article III, except that tran=ition ordinances shall be effective for u~ to 90 days after enactment. Thereafter, such ordinances maybe readopted, renewed, or otherwise c~cntinued only in the manner prescribed for normal ordinances in Article III. Section 10.06 County Or~u~unces and Ser~lcee During Transition Period.-- CODIN~Words ~ are deletions; words underline~ 1 :2 4, S 2.2 24, 2S 29 24 25 1997 Legislature KB 1729, First EnpTossed 27 28 29 30 34 CODING:Words ~ are dele=ions; words underlfne C1) Pursuant to Article VIII of the Florida Constitution, the ordinances, rules, and regulations of Collier County shall continue to be in effect within the boundaries of the City of Marco Island, except t~t · county ordinance, rule, or regulation in conflict with an ordinance, rule, or regulation of the City of Marco Island shall not be effec=ive to the extent of such conflict. Any existing Collier County ordinances, rules, and regula=tons, as of =he date this charter is approved, shall no= be altered, changed, rescinded, or added to, nor shall any variance be granted thereto insofar as such action would affect the City of Marco Island, without the approval of the city council. Collier Coun=y is authorized =o continue to provide all Municipal Service Taxing District I"MSTD") and/or Municipal Se.-vice Taxing Unit ('MSTU") services budge=ed to be provided, as of the date this charter is approved, unless the city council of Marco Island votes to termina=e any or all such se.~-vices. (2) If the city council of Marco Island terminates any MSTD and/or MSTU servt¢e, from that date forward, the city shall have, exercise, and enjoy all rights, immunities, powers, benefits, privileges, and franchises now and formerly possessed or held by said MSTD ·nd/or MSTU. The assets, liabilities, and contracts of said MSTD and/or MSTU, including · 11 rights, obligations, duties, and relationships now ex/sting by law or agreement, shall be unaffected and shall remain in full for¢e and e~fe¢t and shall become those of the Ci=y of Mar¢o Island. Ail rights, %laims, ·ctions, orders, and all contracts between the term/natedMSTD and/orMSTU and key personnel, and all legal or ·dministrativ~ procead/ngs, shall continue in full force and effect under ~he Jurisdiction of the City of Marco Island. To the extant not incon~istent ENROLLED 1997 Legislature 1729, Firs= Engrossed 1 2 4 5 7 10 11 12 13 14 15 17 11 19 20 21 22 23 25 26 27 29 30 31 with this charter, all resolutions and policies of the terminated MSTD and/or MSTU shall remain in effect un=il · mended, revised, or repealed by the city council. Section 10.07 Effect of Incor~ora=ion on Certain Existing Indebtedness.--Nothing in this act shall affect the obligation of the city, or any property owners therein, for their rightful share of any indebtedness incurred through the Collier County Public Park and Recreation M~nicipal Sea-vice Taxing Un/t or =he Marco Water and Sewer District in existence and legally due as of the date of incorporation. Section 10.08 Deletion of Obsolete Schedule Items.--The council shall have power, by resolution, to delete from this Article any section, including this one, when ·11 events to which the section to be dele=ed is or could become applicable have occurred. Section 10.09 This act shall take effect ul~crn appro~ral of · majority of the registered electors residing witlL~n the proposed corporate limit and voting in a referendtna election as provided in section 10.01, ~xcept that section 10.01 and this section shall take effect upon be=om/rig a law. CODIN~Worde st-r~ are deletions; words underline¢ OJ~: To aF3x~nt 1 member to fulfill'.he~ofav~canl~-nn, ~ on Februm'y 4, 1999, on ',he County government Produc~v~ty Commh~e. CONSIDERATIONS: Ttds 13 member commJuge renews the efficiency ofdep~men~ of yem~. A list of the cun~ memben~p is inclu&d ia tl~ bs:imp. Conmatttee on May 23, 1~'/. A press release was issued and rg~m~es v. Tre ~v~ fi~n the following 2 im~ citizens: David Cortes (Court Administnttion) 5 yes Maria E. Delgado (F_,conomics/Busincss Admin) 5 yes COMMTTTKE RECOIVI~dENDATION: Maria E. Delgado FISCAL IMPACT: NONE GROWTH MANAGEMENT IMPACT: NONE RECOMlV[KNDATION: That the Board of County Commissioners cortsider the recommendation for appointment md appoint 1 member to fulfill the remainder of the vacant term, expiring on February 4, 1999; and direct the County Attomcy to prepare a resolution confirming the ~opointmcn~. Prepared By: Sue FUson, A~lmlni~-adve Assistant Board of County Commissioners Agenda Date: September 16, 1997 AGENDA .I TF. Iq .o. /gY/d SEP 1 6 1997 MEMORANDUM TO: FROM: DAT~ SUE FILSON, ADlvi]:NISTRA~ ASSI~ TO THE BOARD OF COUNTY COMMZSSION'ER5 LIASON TO SHEILA LEITH, BUDGET ANALYST II, & STAFF /.~__~,, THE COUNTY GOVERNMENT PRODUCTIVITY CO PRODUCTIVITY CoMMrTTEE VACANCIES SEPTEMBER There is currently 1 vaca~c7 on the County Government Productivity Conu~nee. The Corem;tree lus received 2 re~tmes for consideratioa. Appl~canu vere cate~orlzed u follow~: Name/Address David Con-ca 11257 Lon~hore Way West Naples, FL ;14119 M~rlo E. Del~ado 3841 31~ Avenue SW Naples, FL )4117 Court Econoazlcs/Bush~ess A~m;~;stration The Ptoductivit7 Comm;~e was very ;~pre~d ~ith the qual~cado~ of both applicants and recommend that the Boazcl of County Commls~oners appoint Mazio E. Delgado to f'tll the v'aca~cy oa t~e Prod1~v~ty CommiTtee. you for your aJa~ace. Ple~e mi] ii' you have aa~, ClU, esclo~s. SEP 1 6 1997 Pg.~ County Government Productivity Committee i t" ~ork Phon~ Appt'~ , .N'm,~ llom P~ont Da~eR~appt :~!~ Charles E. Oeflcr 07/16/96 02/04/97 ~'~(i 6855 San Marino Drive 5g~-1~0 1/7/97 02/04/99 Naples, FL 34108 Diso'lct: 2 Catego,7: Bminm Yar~ement 2nciE~Dat~ 2nd Naples, FL ~4112 ~oO,: BCC Vice Clainnan Daivd R. Crai8 3106 N. Tami~ni Trail ~261 D/.~ 4 Robert D. Lai~ 1765 Courtyard Way, ~r205-C Nap!~. FL 34112 Edwa~T. Fergus~ 215 Silvera~ ]~ve 1 Year 2 Year~ IY~r 2~-2~24 02JO2J93 02/04/95 22~msz~ ]/'//9'/ O'2/04/99 07/16/96 02/04/~ 1 Year I/7/W 02/04/~ 2 Ye~s 11/07/95 02/04/96 3 Mo. 642-3798 1 I/7/95 02/04/98 2 Ye.~rs 02/2R/95 02/04/97 2 Yezzs 1/7/97 02/04/99 2 Years 01/2~97 02/04/98 1 Year SEP 16 B97 County Government Productivity Committee ! 3455 Pond Apple Dfiv~ Naples, FL 34119 C~te&o.,7: Refixed General 1780 Watson Road ' M=~.o Island, FL 34145 Dtrtrkl: I CategoO~: Law Enforcement John E. Stockton 2230 Royal Lane Naples, FL 34112 D&~l~: I Bill L. Neal 3536 Whxijammer Cirde #$0 Naples, FL 34112 Dtrtrl~: ¢~e~o~: Refm~ Businessman 107 Flame Vine Drive Naples, FL ~4110 607~ Pel/can Bay Blvd., #S01 Nq~,, FL 3410S C.~or~: 03/26/96 02/04/98 2 Years 5~4-7'/72 01/07/97 02/04/99 2 Years 11/07/95 02/04/96 2 Mo. 774-0~02 1 I/7/95 02/04/98 2 Years 11/07/95 02/04/96 3 Mo. 774..~25 11/7/95 02/04/98 2 Years 597-3111 03/08/94 07./04/96 2 Years ~07-m5~ 2/26/96 02/0408 2 Years 01/'2~/97 02/0409 2 Years County Government Productivity Committee W~ P~m,e ,dlffd F.]p. Dage T~,. Th~ 13 memlx~ ~ ~ ~ on 01~20,'91 by Ch'cl. No. ~.~0 (amended ~ C)rd. Ho. Jud:,~S~m of f,e BC~. Tefl~ ~ 2 yswe JIq~lf J yJ SEP 1 6 19~ MEMORANDUM I;=.. · July21, 1997 Vinell Hills, Electiom Office Sue Filson, Adminis~tive Assism~' Board of County Commissioners Voter Registration. Advisory Board Appointments 3': .~rd of County Commissioners will soon consider the following individuals for a!:~i ' i:::ment to one ofthe county's advisory committees, Please let me know ffthose listed b: .... .' ~,'e r~glstered voters in Collier County. ?!ease list the commission dis~ct in which each applicant resides. PRODUCTIVITYCOMMITTEE Longshore Way West N~;:!,::, FL 34119 M;~.~:o E. Delpdo 38~1 31" A,,,~nue S.W. ~ Naples, FL .t4117 you for your help, COMMISSION DISTRICT MEMORANDUM DATE: TO: FROM: July 21, 1997 Sheila Leith, Budget Aaalyst Sue Filson, AdminLv~tive A~i~ut~. ' Board of County Commi~ioners Coullty Goverll~nt Productivity Committee As you know, we currently have I vacancy on the above-referenced advisory commitlee. A press release was i.~'ued requesting citizens interested in serving on this committee to submit a reaume for consideration. I have attached the resumes received for your re,dew as follows: David Correa 11257 Longshore Way West Naples, FL 34119 Ma, rio E. Delgado 3841 3 I" Avenue S.W. Naples, FL 34117 Plea~ let me know, in writing, the recommendation of the advisory committee for app~intmeut and I will prepare an executive summary for the Board's cons/derafiom Please categorize the applicants in areas of expertise. Ii'you have any questions, please call me at 774-8097. Ttmnk you for your attention to th~ matter. SF Attachments SEP 16 997 Pg.__ f EDUCATION: WORK EXPERIENCE: DAVID CORREA Home Phone New York Irmimte of Technolosy Bachelor of Science - Behavioral Science Major - Criminal lu~ice - Iune, 1980 Numerous Courae~ in Public Administration ~t John l~y Colles, e of Criminal Justice. New York State Supreme Court, Princip.l Court Clerk_ Former Supervisor of the Calendar Dep~,'tment. Re, potable for the c~-flow ~ and the transfer ofc~e~ throughout Kings Supreme Court. Plxn and coordinate work ~chech~l~; Monitoring oftri~l term part~; Ev~uate personnel performrmce; Review smi~cal report~; Prepare written memormd~ Md repom to the Adminisu afire Judge ~nd Court Ad~-i_mator~; March, 1982- J~mary, 1990 New York Stale Supreme Court, A.m>ciale Court Clerk. I SUlXrVhed · rmff of Senior court Clerka in ~ fo~o~g ~ ~s; ~~ C~~ ~ S~ T~ ~ ~fion ~ a ~mpr~ ~~ of~ ~ ~ ~ o~ ~ to ~ ~o~ ~ of~~ ~ ~ ~ to ~e October, 1981- Mm'cb, 1982 New York City Criminal Court, Oerk-~e. A.~i~ to nmltipatt courts mpervi~ a ~t'ofPart Clerk~ and other clerical ~ reviewing complex motiora ~xl orders ~d mpervisin8 the ~ ~ ofCourt Officer~ md Pm ~. AGENDA. IT EJI. No. /_,0,~"/ SEP I March, 1979- October, 1981 April, 1974 - March, 1979 New York State Supreme Court, Associate Court Clerk. Assigned to the Administrative Office supervising Senior Court Clerks, developing and implementing work methods and procedures, also the assignment of staff needs to complete the job requkements. New York State Supreme Court. Se~or Court Clerk as a Trial Term Clerk. Assigned to the Special Extraordin&ry Term ,on a full-time basis, dealing with specific case~ involving corruption in the Criminal Ju~ice System. The duties and respons~ilities of the Senior Court Clerks the reviewing documents for completeness and appropriate form, and supervising court personnel who are engaged in prig court calendars, documents and motions for proper conformance with the [aw and court Procedures. I corresponded with Federal agencies regarding alierm who were arrested on numerous charges by the State or City authorities. April, 1972- Ap~, 1974 New York State Supreme Court, Senior Court Officer. As a Peace Officer of New York State I was required to have complete knowledge of the Penal Law and Criminal Procedure Law. I completed a total of eighty hours of classes in the use of firearms. January, 1970- April, 1972 WORK AC'ITVITY: COMMIJI~TY ACTIVITY: New York City Criminal Court, Uniform Court Officer. Entry into court ~stem. I attended the Court O~ Academy. Elected delegate to the Court Clerks Union. Former President of the I-~panic Society Court Employees. Former President of the Catholic Court Employees Guild. I am active in civic and neighborhood assodafions. Appoimed to the Selective Service Boanl.R_ecipiem of the tea year service award. Participated in high volume vote~ registration. Board Member of the Juvenile Jus~ce Adv~ry Board appointed by Governor ~m'io Cuomo. Mediator for the Sta~en Islmd Dispute Resolution Center. Arbitrator/'or the Better Business Bureau of' Metropolhsn ~ew ygrk. AGE ND~4 T~I No. ./(.' SEP 16 1997 Pg, ? D~, ~ £. 384I - ~ (~4I) 455-0242 ~ APWD ~rRIT£ SPAJ~I~H FLUEPrfLF ED UCa TION B]~ITOR · May 1976 May 1974 Ma.v~er of Busine.~ Florida A:lan~ic Urd~, Dec. 1972 E~LO~ I995/~ I994 1984/1993 198O/1984 SEP 16 1997 /0 · Resting'- Mario E. De~gado Page -2- 1974/1975 1972/1974 1966/1968 AcE~ R~ l~'v~m'on Long Rzmoe Patrol - I O I ~ Afrborn~ Divi. slon ReImbh'¢ of Sou~ F{et Nam Member - Phi K~pa Plu'. Nc~onol ~ Honor Soc~y ~~ ~F~~. 1973/74 ~-F~U. ~~ of Ap~ ~ of ~' ~'o~ ~ of ~ ~. ~ ~ ~. 1~o REPORTS Presertzed to Reoiorml Director. of Marketb~ USPS~ SouZhern ~ September J 99'2 ~ ~o R~g~onm ~ ~ USPS, ~ ~ July ~ ro l~Id D~ctor M~ce~g and Co~.umicazlo~ A6~rm' l~u~'o~ Jar-,,,,~j 1992 Project PNLrD/ U'PUl UPAF~I RL4/ 9 Z1020 For Urugu~, Pu, c~zay, Bob'via, F, crum~r,' Col~tln'a, Veru=~ekz and Pazum. ru~ Mmj~aly 1991 ~ of Postol ~ M~ Ob~r',,,cctions on Admi~ ~ to l~'u~on Maru~er, Cbuinn~' l~'vision, March 2989 'An Ir~.gra~ed Approach to Marke'dn9: A Proposed Model' Rec~ruuendufforu on Mc~,~,~j ~ ~o Fie~d D~ctor Marketing and ~¢a~ions ~' DivC~ion, Not, ember 1987 ~.buz l~'vision, July 1985 Aulhor of '%Voraen and Tectmologg: F_,conon~ Theori~ Versus ~po~ w o~ olrzc. ~ '~":"~ b'r"E ND A "0. /0 SEP 1 6 1997 EXECUTIVE SUMMARY PETITION NO. PUD-89-6(2), BA.RBARA CAWLEY, AICP, OF WILSON, MILLER, BARTON & PEEK, INC., REPRESENTING GREY OAKS DEVELOP~ CORPORATION, FOR AN AMENDMENT TO THE GREY OAg3 PUD, ORDINANCE NO, 96-82, FOR THE PURPOSE OF PROVIDING A h~IGHT OF BUE~INGS LIMITATION OF SIXTY-FIVE (65) FEET IN THE EVENT A HOSP1TAL IS CONSTRUCTED IN THE NORTHEAST QUADRANT OFFICE/COMMERCIAL DISTRICT OF AIRPORT-~G ROAD (C.I~ 31) AND GOLDEN GATE PARKWAY (C.IL 886). THE GREY OAKS PUD IS LOCATED ON THE NOR~T, NORTHEAST AND SOUTHEAST QUADRANTS OF AIRPORT-P~G ROAD (C.IL 31) AND GOLDEN GATE PARKWAY (C.R. 886) IN SECTION 24, 25 AND 26, TOW~ISHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, CONSIST1NO OF 1,601.39 A~. OB,TECTIVE: This petition seeks to cause the Grey Oaks PUD regulatory document to be mended to provide a maximum height of sixty-five (65) feet for a hospital should one be constructed in the northeast commercially designated area of the Grey Oaks PUD. CONSIDERATIONS: Grey Oak~ Planned Unit Development is located on three quadrants (N.E., S.E. and N.W.) of Airport Road and Santa Barbara Boulevard. This amendment only has an affect on a mxtall portion of the N.E. quach'~nt at the activity center site. Development ha~ begun with mixed tmea and an extensive golf course system together with accessory facilities. No portion o'(the designated commercial areas have been developed. The amendment to the Grey Oaks PUD will have the effect of increasing the current allowable maximum height of buildings in the designated commen:ial aetivily center at the N.E. comer of Airport Road and Golden Gate Parkway from fifty (50) feet to sixty-five (65) feet only with re~pect to a hospital building should one be constructed in this area. In aex~ordanee with our administrative policy, however, the current PUD will be repealed and readopted to account for this change. Cormequently, the action is recognized as a rezone from PUD to PUD. The type of revisions repre~-nted by this change have no relatima,~hip w elemenl$ of the Grov, nh Management Plan, therefore, this petition is con~alent with the Grow'da Management Plan. Any subsequent development is vabjec~ to Concm'rency requirements. The Collier County Planning Commission heard this petition on August 21, 1997 and unanimously (7 to 0) recommended approval of this petition as presented. One per~n regi~ered opposition to this rezoning. No written commurfications were received. $EP15 1 GROWTH MANAGEMENT IMPACT: Petitions deeaned to be consistent with all provisions of the Growth Management Plan can not have sn impact on the Coil/er County Growth Management Plan. This petition was r~'ed for consistency and was found to be consistent with all provisions of the Growth Management Plan. In view of the consistency findings staff finds that there is no negative or other adverse impact resulting from ~c adoption of this petition. Develol:nnent permitted by the approval of this petition will be subject to a concurrency review mxler the provisions of the Adeqtme Public Facilities ordinance No. 90-24 at the earliest or next to occur of either final SDP approval, final plat approval, or building permit issuance applicable to this development. HI STORI C/ARCIL4.EOLOGI CAL IMPACT: Staff's analysis indicates that the petitioner's property is located outside an area of historical taxi arckaeological probability ~ refc'renced on the official Collier County Prob',tbility Map. Therefore, no Historical/Archaeological Survey and Assessment is required. PLANNING COMbHSS1ON RECOMMENDATION: That Petition PUD-gg-6(2) having the effect of mending the Grey Oaks PUD while repealing and re, placing same with said araendment be ~proved as described by the dra~ Ordinance of Adoption mad PUD Exhibit thereto. SEP16 ~J7 CHIEF I~LANNXR REVIEWED BY: CURRENT PLUG MANAGER DON.~LD W. ARNOLD, AICP VINCENT A. CALrrERO, ADMINISTRATOR DATE COM~MUNITY DE','. AND ENVIRONMENTAL SVCS. ?UD-$9-6(2) EX SUM2W3,RY/n~ SEP16 1991 I i ~ I~ AGENDA ITEM 7-E TO: FROM: DATE: COLI 2OMMISSION COMMUNITY DEVELOPMENT SERVICT~ DMSION /ULY 3, 1997 RE: PETITION NO: OWNER/AGENT: PUD-89-6(2), GKEY OAKS Agent: Barbara Cawley, AICP Wilson, Miller, Barton & Peek, Inc. 3200 Bailey Lane, Suite 200 Naples, Florida 34105-8507 Grey Oaks Development Corp. 2640 Golden Gate Parkway (#111) Naples, Florida 34119 I{.EOUESTED ACTI O~A This petition seeks to cause the Grey Oaks PUD regulatory document to be amended to provide a maximum height of sixty-five (65) feet for a hospital should one be con.m-ucted in the northeast commercially designated area of the Grey Oaks pUD. ~OGRAPHIC LOCATIONi Grey Oaks Planned Unit Development is located on three quadrants (N.E, S.E. and N.W.) of Airport Road and Santa B',rbara Boulevard. This amendment only has an affect on a small portion of the N.E. quadrant.at the activity center site (~e location map following page). · P-~.,5.~cI?JPTION OF PROJECT: The amendment to the C_n'ey Oaks PUD will have the effect of inerr, asiag the current allowable maximum height of bt,Sidings in the designated comm~-ial activity center at the N.E. comer of A/rport Re. ad and Santa Barbara Boulevard fi'om fifty (50) feet to sixty-five (65) feet only with msp~t to a hospital building should one be ~cted in this area. In a,~,ordancc with om' admirdatmfive policy, however, the current PUD will be repealed and readopted to account for this change. Conaequently the action is recognized as a rezone from PUD to PUD. SEP 1 6 1997' SURROUNDING LAND USE AND ZONING.' The proposed change does not impact surrounding land uses and represents no change to zoning boundaries. ~;ROWTH MANAGEMI~NT PLAN CONSISTENCY: The type of revisions represented by this change have no relationship to elements of the Caow~ Management Plan, therefore, this petition is consistent with the Growth Management Plan. Any subsequent development is subject to Concurrency requirements. HISTORIC/ARCHAEOLOGICAL IMPACT: Not applicable. ..EVALUATION FOR ENVIRONMENTAL, TRANSPORTATION AND INFRASTRU~. This is a PUD amendment even though the process is one of rezoning the land fi'om "PUD" to "PUD". When we use a rezoning process to accomplish a PUD amendment, we do ao to achieve a level of adminis,'-rative convenience because it avoids the requirement to tract amendments and their relationship to the original document in order to understand the totality of the regulations aa they apply to the PUD zoning district. For this reason, staffis of the opinion that the required findings for standard and PUD rezones do not apply in recognition of the fact that, when the property was initially rezoned, the decision to approve the Grey Oaks PUD was based upon a preponderance of evidence and conditions which support the required findings for both standard and PUD rezoning actions. This zmendment does nothing to change approved land uses or their intensity of development, but rather establishes a development standard that will allow a hospital to be constructed to a maximum heig~ht of sixty-five (65) feet. No development has taken place on the commercially zoned portion of the property, therefore, no one's expectations can be advemely affected by a change in development standards. The thrust of the decision that has to be made relative to the PUD amendment should focus on whether or not the amendment would give rise to any inconsistency with elements of the Cnowth Management Plan, introduce new uses that while consistent with the FLUE, nevertheless, bring about relationships that were not evaluated as part of the origfi:ml action, or cause development standards to be changed that may adversely affect existing development, and/or if there is not any existing development, cause standards to be enacted that will lead to ill.-conceived development patterns with attendaut health, and safety related results. In the opinion of staff no public interest, welfare or safety is jeopardized by approving the revised height standard for a hospital should one be corm'acted. SEP .1. 6 1997 All subsequent developmen! rcmaim subject to current LDC rcquircmcut~ for subdivision improvements, required site development plans, lancLseaping buffers, and requirements attendant to the development of commercial property. (i.e. architectural ~andards) ~ RECOMMENDATIOn; That the Collier County Planning Commission recommend approval of Petition PUD-gg-6(2) being · petition to repeal and re. adopt the Grey Oaks PUD wMch in its revised form will allow · hospital to be eons'o"acted to a height of sixty-five (65) feet in the N.E. commercial activity cemer. R~)NALD F. NTNO, AICP CHJEF PLANNER REVIEWED BY: R6B~-~T j. MD%HERE, AICP CURREN~f PLANNING MANAGER DONALD W. ARNOLD, AICP PLANNING SERVICES DEPARTMENT DIRECTOR VhNCENT A. CAUTERO, ADMINIS~TOR COS~fLTNIJW DEV. AND ENVIRON'MEN~ SVCS. Petition Number:. PUI3894(2) StxtTReport for Autpaxt 21, 1997 CC'PC meeting. c~.~CO~LLO~R.COUNTY P~LAN?.,,~C~MMISSION: / f M]C-3-LAEL A. DAVIS, CI-L~N STAFF RE!~RT~ DATE DATE SEP ! $ 1997 NARRATIVE OF MINOR AMI~NDM~NT REQ~D ACTION. This petition requ~--xs to modify the current Cn~ Oaks PUD to Md fafleea (15) feet of helght for the permitted use of"hospital" in the Commercial and Commercial/Office desio~,-d ~ of the PUD. The currently approved height is 50 feet; the adddfioaal 15 fo~'t will incr~ tl~ h~,ht ~o 65 feet. The petition will change only the height of the hospital use and will have no effect oo ~d' other approved use in the Activity Center at Grey Oaks. The proposed l~mguage will be added to Section 6.03 Development Standards (page 6-5:) and reads: 5) Maximum Height: Fifty (50) feet. Hospital: Six_ty-fwe (65) feet (Northeast quadr~n! onlv'l. The Mditional fLfleen feet of height for the hospiud usc will be used in the northeast q,u~ram oftl~ approved Ac6vity Center at Grey Oaks. This quadrant is internal to the PUD except for it~ boundaries along Golden Ga~ Pzzk'~'ay and AirpomPulling RoM. The~ are no chaage~ to z~y of the other development surmdatds mcluired Ln th~ quadrant ofthe PUD. ~C.Q~~ILI~/_Y/TrH SURROLrNDINC L~ND USE AND ZONINC Thc proposed c~ange does not impact rawouading land use and is not a ch,~gc to the currem zoning of the project. The property in the northeast quadrant is designated az a 1VIasler Plan~ed Activity Center and is entirely sun-ounded by the Grey Oaks PUD. The use of the Activ/ty Ceata' property for buildLug~ of tiff), feet was contempla~[ and a/vpwved when the PUD wa~ An addi6onal fift~-n feet ofhe/ght for one of the l~m/lled use~ in the PUD will be given the localion of the Activity Center ~ within the project. The adjacev, t propexty is ctm'ently vaceat with no smactxtres proposed for the near Rtture. No existing r~sidential units will be ~ected by the additional fifie~ feet in height. The requested height ix, thexefore, coaxp~ible with ~d will bare no impact on tl~ earrouading land us~. GROWTH MANAGEMENT PLAN AND LDC CONSLVrENC"Y which ~.s been approved for a full range of commercial snd office type uses to be built to · hcigh~ SEPi$ ~ Oa~ PUD with ~y Goal, Objective or Policy within the Orow& Management Plan. Therefore, the appmv~ Grty Oaks A~vity Center continues to meet the req~ of the Chow& Manage~nent Plan~ Since, us~ within an Activity Center are comparable t~ the uses permitt~ in the C-40eneral Commercial District in the Land Development Code and the C-4 district allove$ Hospitals as a Permitted Use at a maximum height of 100 feet, the reque~ for ~ height of 65 feet iJ le~ than the height permitted under the Laad Developmem Code. Ttzrdo~ the request for 65 feet for the hospital use in the Grey Oaks PUD is comistent with the Land Develolxnent Code TRANSPORTATION IMPACTS The addition of 15 feet in height for the hospital use within the Grey Oak~ PUD will have no transpo~fion impacts. ENV~ONM'ENTAL IMPACTS The addition of 15 feet in height for the hospital use with the C. ney Oak~ PUD will have no '0 6.03 DEVELOPMENT STANDARDS 1) Minimum LotAr~*: Ten thousand (lO,O00 ~quare feet). 2) Minimum Lot Width_: On~ hundr~ fe~t (I00'). 3) Minimum'Setback Requirtmem. 0ntmmal): (a) Front Setback - Tv,~nty feet (20'). (b) Side ~:tbaek - Noae, or a minimum of five feet (5') with unob~ pazaage from front to rear yard. . (c) Rear setback - Fifteen feet (15'). (d) Wa~erfzont setback - Zero feet (0') to seawall, bulkhead, or rip rap, otherwise fiheen feet (15'). (e) Parcels with two frontages may reduce one front setback by ten fee~ (I 0'). 4) Mjm_'wum sethac~ and buffers from external rlght-of-way~: (a) Golden Cram Parkway - Fifty foot (50') setback, Twenty foot (20') larxtscape buffer. Co) Airport Road and Livingston Road - Twenty foot (20') plus two feet (2') for every one foot (I ') of building height; twenty foot (20') land.w, ape buffer. 5) ~a~J~: Fit~ (50) feet. Hoapitzl - Sixly-five (65) feet (Northe~t quadrant only). 6) ~Floor Area of Stmemr~: One thoustmd (1,000) square feet pet buildlng on the ground floor. Kiosk vendo~ eonce~ons, md tmapomry or mobile sale~ muctur~ · re Ixamitted to have a minimum smmure of twenty-five (25) ~quare feet, md ~re not bound by m~,mic requirements. * 1 These t~xaion referenc~ are from the Collier County Zoning Ordinance. *2 Norla~ and Southeast quadnmts only. SEP16 ~jcj7 APPLICATION FOR PUBLIC HEAKINO FOR PUD AMEND~~ AMENDMENT COMMUNITY DEVELOP~ DMSION PLANNING SERVICES PUD 8 9~6 PETITION NUMBER, ... DATE Name of Applicant(s) Applicant's Mailing Address .. City Naples State Applicant's Telephone Number: Crr~y Oak~ Development Com.. 2640 Golden Gate Pm't-way (#.111) FL Zip 34119 (941) 262-2600 Is the applicant the owner of the subject property? .. ~ (a) · X (c) (d) X Yes No If applicant is a land mm, so indicate and name beneficiaries below. If applicant is corporation other than a public corporation, so indicate and name officers and major smckholdcr~ below. If applicant is a pannership, lintited partnership or other business ~ntit7, so indicate and name principals below. If ~tpplicant is an owner, indicate exactly as recorded, and list all other ownem, if any. ~ (¢) If applicant is a lessee, attach copy of lc~, md indicate ~ owners if not indicated on the (0 If applicant is a contract purcha.~r, sttach copy of contract, and indicate actual owner(s) nam~ and add,x~ below. HaJ~g. Etzlll~--~p (o.amemhip identifi~ in the orynal PUD document) Name of Agent Bsttmra H. Cawlev. AICP Firm Wilton_ Miller. Barton & Peek_ In~, Agent's Mailing Addms.~ 3200 Bailey. Lane. Suite 200 City Agent's Telephone Number:.. State FL Zip 34105 (94 ~) 649-4040 SEP 16 19 submit fiv~ (5) copies ofrarvcy; 1' to 400' Not applicable for th~ application The applicant L~ respons~le for aupplying the cotm~ legal descH~on. If queatiom arise concerning the legal dc~zHption, an engineer~a ce~Lfi~on ~ be tequirecL Towa.~p ~ Range Address or location of subject property: The northea.~ quadrant of Golden Gate Padcway and AiLport-Pulling Road in the_Commercial "C" and Offi~ Commercial "OIC" Activity__ Does property owner, own contiguous property lo the ~ubjeet property7 If~o, give complete legal dcr, cfiption of entire contiguous property. (If spa~ is inadequate, allach on ~ page.) Not applicable to this application. Type of Amendment: x A. PUD Document Language Amendment . B. PUD Master Plan Amendment . _C. Development Orde, I.anguag¢ Amendment Does amendment comply with the comprehensive plan: Id'no, explain: x _ Yes Has a public I~ax~ng be~m held on this propcrty within t~ la~ yg~z? II'so, 10. P~tionNumlxm. _ # PUD -89-6 (I~ 13~: I~ 17. 199~ Has ~ ~on of~ ~ ~~ ~Id ~ yes d~l~? ~g~ ~ for ~e m mid ~or ~I~? ~ if~.) No c~ges ~c ~o~ for ~e ~ told or d~el~. I, l~.oy E. Cawley. Jr._. b~ing first duly sworn, &po~ ~ ~ay that I am tim owner of property described herein and which is thc ~ubject matter of the proposed lmwing; that ~I1 the answers to the questions in this application, md ~11 ~etches, data, mci otl~n' supplementav7 matter attached to and made a part of this ~plication, ~,~ hon~ ~ tn~ to thc best of my lmowledge ~xt belief. I und~amd this ~opllc.~Iion must b~ compl~a~ accurate before a hearing can be adve'rtised. I furlher permit the undersigned to act as my repre~'mtative in any matte~ regarding this Petition. Signature of OwnS)d Roy E. Cawlcy, Jr. S(gnat~ ofAgmt ~ Barbara H. Cawlcy, AICP STATE OF FLORIDA COUNTY OF COLLIER _The foregoing Application was ~.knowt~Ig~ b~fom m~ ~ .,{./_ day o~2~ 1997, by _ ~ ~:~lgnatu~ ofNotm.w7 Public) NARRATIVE OF MINOR AblENDMENT REQ~D ACTION. The proposed language will be added to Section 6.03 Development Standards (page 6-~) ~ad reads: 5) Maximum Height: Fifty (50) feel Hosp|t~h SixLy-five (6~ feet (Northeast quadrant oa}yL LO. CA~ON The additional fifteen feet of height for the hospital use will b~ used in lhe northeast q~-~.4~ant of the approved Activity Center at Grey Oaks. This q,~4,'ant is internal to the PUD except for its boundari~ along Golden Crate Pm-kway and A~rt-Pulling Road. There are no changes to any of the other development standards required in this q,_mclrant ofthe PUD. COMPATIBILITY WTTH SURROUNDING LAND USE AND ZONING The proposed change does not impact surrounding land use and is not a change to the current ~ning of the project. The property in the northeast quadrant is de~__ignated as a Master Planned Activity Center and is enfxely ~urrounded by the Orey Oaks PUD. The use of the Activity Center property for buildings of fifty feet was contemplated and spproved v,t~m the PUD w~s approved. An additional fifteen feet of height for one of the permitted uses in the PUD will be im:onsequ~tial given the io,-,auion of the Activity Center property within tl~ projogt. Ti~ ii~djac~tlI ptol:~'ty is ~tly va~mt with no structures ~ for tl~ n~tr futu~ No existin.v residential units will be affected by the additional ~ feet in height. The requested height is, therefore, compatible with and will have no impact on the surrounding land uses. GROWTH MANAGEMENT PLAN AND LDC CONSISTENCY The proposed addition of ~ feet of height is consistent with the Colliex County Orowth Management Plan. The C. ngy Oaks Activity C. ent~ is a deaignated Mastex Plarmed Aclivity Crater which has been ~pproved for a full range of eommerchl ~d office type uses to be built to a ~ of fifty feel Other Acavity Centers in the County have been approved with height~ up to I00~ SEP 1 $ t Oaks PUD with ~y Goal, Objective or Policy within ~ Orowth Mmagcmcm pt~ Tiac~orr., t~ approvod Grey Oaks Activity Center continues to meet tl~ ~ of tl~ Cmawth Mamgemem ?~. Siaoe, us~ within an A~vity C. emer are comparable to the usea permitted in the C-40emzal Commercial Di~ct ia thc Lazxt Development Code mad thc C-4 distrka ~llow~ Hospitals aa a Permitted U~e at a maximum height of 100 feet, the ri:quest for · height of 65 feet i~ lm tlma the height permitted under the Land Development Code. Therefore., the request for 65 fe~t for the hospital use in the Grey Oaks PUD is consistent with the Land Develo~mt Code TRANSPORTATION IMPACTS The addition of 15 feet in height for the hospital use within the Grey Oaks PUD will have no transportation impacts. The addition of 15 feet in height for the hospital use with the Grey Oaks PUD will have no environmental impacts. SEP ! $1991 6.03 DEVELOPMENT STANDARDS 1) Minimum LotAma: Ten thousand (10,000 $quare feet). 2) Minimum Lot Width: One huad~ feet (100'). 3) Minimum Setback Requirernent.~ (Intm-aal): (a) Front Setback - Twenty feet (20'). (la) Side setback - None, or a minimum of five feet (5') with tmobstnsctefl passage from front to rear yard. (c) Rear setback- Fifteen feet (15'). (d) Waterfront setback - Zero feet (0') to seawall, bulkhead, or rip rap, otherwise fifteen feet (15'). (e) Parcels vdth two frontages may reduce one front setback by ten feet (10'). 4) lMinimum ~tbacks and buffers from external right-of-wa_Va: (a)Oolden Crate Parkway - Fifty foot (50') setback, Twenty foot (20') buffer. (b) Airport Road and Li,ringston ~ - Twenty foot (20') plus two feet (2') for · every, one foot (1 ') of building height; twenty foot (20') l~ndsca~ bttffer. 5) ~: Fi/by (50) feet. Hospital - Sixty-five (65) fect (Northeast quadrant only). 6') Minimum Floor Area ~f SWactnr~: Oac thousand (1,000) squ~e fat IX' building on thc ground floor. Kiosk vendo~ concessions, and temporary or mobile sales ztructures · rc permitted to havc a ~um stzucture of twcmy-five (25) squazc fcct, az~d ~re not * 1 These section references are from the Collier County Zoning Ordinance. *2 Northeast md Southeast quadrants only. LOCATION MAP MILLER SEP 1 ~ !~ ORDINANCE 97- AN ORDINANCE AMENDING ORDIN;~NCE NUMBER 91-102, THE COLLIER COUNTY L~D DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FIX)RIDA, BY AMENDING THE OFFICIAL ZONING ATLAS MAP(S} NUMBERED 9524N, 9§24S, 9525N, 9525S AND 9526N BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED RF. AL PROPERTY FROM "PUD" TO "PUD" PLANNED UNIT DEVELOPMENT KNOWN AS GREY OAKS, FOR PROPERTY LOCATED ON THE NORTHWEST, NORTHEAST ~ND SOUTHEAST QUADRANTS OF AIRPORT-PULLING ROAD (C.R. AND GOLDEN GATE PARKWAY (C.R. 886), IN SECTIONS 24, 25 AND 26, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 1601.39 ACRES; PROVIDING FOR THE REPEAL OF ORDINANCE NUMBER 96-82, AS AMENDED, THE FORMER GREY OAKS PUD: AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, Barbara Cawley, AiCP of Wilson, Miller, Barton & Peek, Inc., representing Grey Oaks Development Corporation, petitioned the Bcard of County Co~mlssioners to change the zoning classification of ~ herein described real property: NOW THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY CO~MISSIONER~ COLLIER COUNTY, FLORIDA; SECTION ONE: The Zoning Classification of the herein described real property located in Sections 24, 25 and 26 , Township 49 South, Range 25 East, Collier County, Florida, is changed from "PUD" to "PUD" Planned Unit Development in accordance with the PUD Document, attached hereto as Exhibit "A", which is incorporated herein and by reference made part hereof. The Official Zoning Atlas Map(s) numbered 9524N, 9524S, 9525~ 9525S and 9526N, as described in Ordinance Nu~er 91-102, the Collier County Land Development Code, are hereby amended accordingly. SECTION TWO: Ordinance Number 96-82, as amended, known as the Grey Oaks PUD, adopted on December 10, 1996 by the Board of County Co.~nissioner$ of Collier County, is hereby repealed in its entirety. ! SEP16 1997 This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by the Board of County Comm/asioners of Collie= Coun=y, Florida, this day of , 1997. ATTEST: BOARD OF COb'h~Y COMMISSIONERS D~IGHT E. B~OCK, Clerk COLLIER COUNTY, FLORIDA Approved as to Form and Legal Sufficiency F~MMarJorie M. Student Assistant County Attorney BY: TI~OTHY L. D(ANCOCK, Chairman SEPI$ EXHIBIT G PLANNED UNIT DEVELOPMENT DOCUMENT FOR GREY OAKS PREPARED BY: ALAN D. REYNOLDS, AICP WILSON, MILLER, BARTON, & PEEK~ INC. ENGINEEERS, PLANNERS & LAND SURVEYORS 2600 Barley Lane, Suite 200 Nnples, Florida, 34105 and GEORGE VARNADOE, ESQUIRE YOUNG, VAN ASSENDERP AND VARNADOE ~01 Laurel Oak Drive Naples, Florida 34108 DATE FILED DATE APPROVED BY BCC ORDINANCE NUMBER AMENDED BY ORDINANCE AMENDED BY ORDINANCE $EP16 1997 I~DEX SECTION I SECTION II SECTION III SECTION IV SECTION V SECTION VI SECTION VII List of Maps, Exhibits, and Tables Statement of Compliance and Short Title Property Ownership and Legal Description Project Development Residential Golf Course/Recreation/Park/ Right-of-Way Conservation/Open Space Commercial General Development Commitments PAGE ii iii 1-1 2-1 3-1 4-1 5-1 6-1 7-1 SEPI$ *B97 ..... IIIII IIII II II II ........ LIST OF MAPS AND T~LES A Location Map H PUD Master Plan KAPS TABLE I TABLE II TABLE iii TABLES Land Use Summary Project Absorption Schedule Estimate Development Standards ii SEP 16 1997' me* R LEGEND ~ U$E {'UMMARY STATEMENT OF COMPLIANCE It is the intent of the Halstatt Partnership, A Florida General Partnership to create a Planned Unit Development (PUD} t6 be known as Grey Oaks Planned Unit Development, on 1,601.]9 acres of land located in Section 24, and 25, Township 49 South, Range 25 East, Collier County, Florida, and Section 26, Township 49 South, Range 25 East, City of Naples, Florida. The residential, recreational and commercial facilities of THE HALSTATT DRI/PUD are consistent with the growth policies, land development regulations, and applicable comprehensive planning objectives of the City of Naples and Collier County for the following reasons: The subject property is located within the City'and County Urban service areas and there are adequate available community facilities and services to support the proposed residential density and commercial intensity. 2) 3) The City of Naples made a determination that the part of Grey Oaks in the City is consistent with the goals, objectives and policies of the Comprehensive Plan and land development regulations adopted by the CSty. With regard to that part of Grey Oaks within the County: a) The project development is compatible and complementary to the surrounding land uses and future uses allowed by the Future Land Use Element. b) Improvements are planned to be in substantial compliance with applicable land development regulations as set forth in Objective 3 of the Future Land U~e Element. c) The project development will result in an efficient and economical extension of community facilities and services as required by Policies 3.1.H. and 3.1.L. of the Future Land Use Element. d) The project development is planned to incorporate natural systems for water management in accordance with their natural functions and capabilities as required by Objective 1.5 of the Drainage Sub-Element of the Public Facilities Element. iii SEP16 ~ e) The projected density of less than two (2) dwellLng units per acre is less than that allowed under the Future Land Use Element since the project includes th=ce (3J quadrants of an Activity Center and & density band. f) The subject project occupies the northwest, southeast and northeast quadrants of the Activity Center located at the intersection of Airport and Golden Gate Parkway. This strategic location allows the site superior access for the placement of co~mercial activities. g) The project includes extensive open spaces In the form of golf courses and incorporates natural features to provide a high quality.of life for its residents. SHORT TITLE This ordinance shall be known and cited as the "GREY OAKS Planned Unit Development Ordinance". = $EP16 1997 1.01 1.02 SECTION I PROPERTY OWNERSHIP & LEGAL DESCRIPTION PROPERTY OWNERSHIP The subject property is currently owned by the Balstatt Partnership which is composed of: Lloyd G. Hendry, Harold S. Lynton and Edith Collier Sproul, (a/k/a Juliet C. Sproul), as Trustees of the Edith Collier Sproul Trust under agreement dated December 29, 1969, and as confirmed by Agreement of Termination of Trusteeship dated June 1, 1982, Harold S. Lynton, Lamar Gable and Juliet C. Sproul, as Trustees for Juliet C. Sproul under th~ will of Barton Collier, Jr., deceased, and as confirmed by Change of Trustees dated June 7, 1982, and filed June 15,' 1982, An Probate No. 76-33, of the Probate Records of Collier County, Florida. LEGAL DESCRIPTION Ail that part of Section 24, Township 49 South, Range 25 East, Collier County, Florida, lying easterly of that 100 foot canal right-of-way as described in O.R. Book 154, page 6, Public Records of Collier County, Florida; ALSO All that part of Section 25, Township 49 South, Range 25 East, Collier County, Florida, lying easterly of that 100 foot canal right-of-way as described in O.R. Book 154, page 6, O.R. Book 873, page 1879 and O.R. Book 873, page 1882, all of the Public Records of Collier County, Florida; LESS Golden Gate Parkway (C-886) as described in O.R. Book 465, page 275, and O.R. Box 465, page 278, Public Records of Collier County, Florida; ALSO LESS those lands as described in O.R. Book 194, page 603 and O.R. Book 640, page 229, Public Records of Collier County, Florida, ALSO Ail that part of Section 26, Township 49 South, Range 25 East, Collier County, Florida, lying westerly of Airport-Pulling Road (C-Il) and northerly of Golden Gate Parkway (C-886) located within the City of Naples; LESS that portion thereof as described in O.R. Book 539, page 370, Public Records of Collier County, Florida; above property subject to easements and restrictions of record; containing 1,601.39 net acres more or less. 1-1 '. SEP 1 $1997 2.01 2.02 SECTION II PROJECT DEVELOPME~;T PURPOSE The purpose of this Section is to generally describe the plan of the development' and delineate the general conditions that will apply to ~he project. INTRODUCTION Grey Oaks is a 1,601.39 acre mixed use residential development and golf course community w/Eh a 'town center', and other retail and office development located in Collier County. The property ts generally located in the northwest, northeast and southeast quadrants of the intersection of Airport Road and Golden Gate Parkway. The property is bounded on the east by ~ivingston R~ad; on the south by the Golden Gate Canal; on the west by the Gordon River Watershed; and on the north by the Coach House Lane Residential Properties in the west quadrant, and the World Tennis Center in the northeast quadrant. The northwest quadrant of the property is in the incorporated City of Naples and constitutes approximately 354 of the 1,601 acres. The remainder of the property is located in the unincorporated area of Collier County. The project is of a size to be a Development of Regional Impact (DRI) and an Application for Development Approval (ADA) has been filed pursuant to Chapter 380.06, Florida Statutes (1988). Because the City and County recognize that the project has been planned and will be developed as a unified integrated com~unity, the City and County have agreed that a single local government (Collier County) should have the responsibility for reviewing the planned development and issuing a Development Order pursuant to Section 380.06, Florida Statutes and for adopting the zoning (PUD Ordinance) for the entize project, including that portion that lies within the City of ~aples. In furtherance of the goal of having one entity review the proposed project and adopt a zoning ordinance (PUD) and Development Order for the project, the Developer and the City of Naples have entered into a DEVELOPRENT AGREEMENT and the City of Naples and Collier County have entered into an "INTZRLOCAL GOVERNMENT AGREEMENT' with regard to the project. The DEVELOPMENT AGREEMENT sets forth the maximum intensities of land uses for the property within the City 2-1 SEP 1 $ · 2.03 and provides that the City agrees to accept and adopt ¢1! appropriate) any Development Order and PUD zoning issued by the County that does not exceed the intensities of land uses set forth in said DEVELOPMENT AGREEMENT. This DEVELOPMENT AGREEMENT allows the County to review the proposed project as a single integrated planned community and approve a single set of development standards for the entire project by adopting a single PUD Ordinance and Development Order for the project. The INTERLOCAL GOVEP~qMENT AGREEMENT between the City of Naples and the County of Collier incorporates said DEVELOPMENT AGREEMENT and further provides that the City and County agree that the County shall conduct the rezoning and DRI review for the entire 1,601 acre project, including that portion of the project within the Jurisdiction of the City of Naples. A copy of the INTERLOCAL GOVERNMENT AGREEMENT and the DEVELOPMENT AGREEMENT are made a part of this PUD by reference thereto. The County, City and the Developer have all agreed that the 354 acres within the jurisdiction of the City is an integral part of the overall ~alstatt DRI Community and it is therefore, essential to the viability of the planned community that the PUD and DRI plan approved by Collier County be in effect and remain in effect for the entirety of the project and not just the portion of the project lying within the jurisdiction of the County of LAND USES Table I is a schedule of the intended land use types, with total dwelling units, acreage, and total square feet of commercial indicated. The arrangement of these land use types is shown on Map H, Planned Unit Development Master Plan. Changes and variations in design and acreages shall be permitted during each subdivision phase at final design to accommodate topography, vegetation and other site conditions. ' The final size of the recreation and open space lands will depend on the actual requirements for conservation areas, water management, golf course layout, roadway pattern, and dwelling unit size and configuration. At the time of Subdivision review and approval for each subdivision phase, the location, size and configuration of 2-2 SEP 16 1997' 2.04 2.05 2.06 land use tracts shall be identified, along with the assignment of permitted residential or commercial land use types. The assignment of maximum allowed residential density and/or commercial gross leasable floor area shall also occur at the time of subdivision review and approval. If the maximum allowed residential density or commercial gross leasable area is not fully used wi'thin that subdivision phase of the project, the vnused remainder may be assigned to another phase(s} of the project. Final determination of the total multi-family residential or commercial use shall be determined at time of Site Development Plan approval. For each succeeding subdivision and/or Site Development Plan, a table shall be included which summarizes the total ~welling units and commercial floor area that has been previously assigned and the total assigned for the pending approval, in order to facilitate the County's monitoring of the project. PROJECT DENSITY The total acreage of Grey Oaks Planned Unit Development is approximately 1,601.39 acres. The maximum number of dwelling units to be built on the total acreage is 2,700. The number of dwelling units per gross acre is approximately 1.7. The density on individual parcels of land throughout the project will vary according, to the type of housing placed on each parcel of land but shall comply with guidelines established in this document. PEP~ITTED VARIATIONS OF DWELLING UNITS All properties designated for residential uses may be developed at the maximum numbe~ of dwelling units allocated, provided that the total number of dwelling units shall not exceed 2700. Table I identifies the maximum units by project quadrant. DEVELOPMENT SEQUENCE AND SCHEDULE The developer will commence the project within the north- east quadrant. Within each quadrant, the amount and location of each subsequent development area will be dictated by logical and economical development constraints and by market demand. Table II indicates, by project year, the estimated absorption of units, and commercial square footage. The absorption schedule is an estimate and not guaranteed. Actual absorption rates are governed by market demand. 2-3 IA~ D S£P 1 6 1997 2.07 2.08 2.09 EASEMENTS FOR UTILITIES Ail necessary easements, dedications, or other instruments shall be granted to insure the continued operation and maintenance of all service utilities in substantial compliance with applicable regulations in effect at the time of development· COLLIER COUNTY AND CITY OF NAPLES SUBDIVISION APPROVAL The review and approval of subdivision master plans and construction plans shall follow the design and development standards of the Collier County Ordinances regulating subdivisions in effect at the time of development; and shall be reviewed and approved in accordance with the procedures set forth by the City of Naples for that portion of the project within the City, and the standards and procedures set forth by Collier County for that ~ortion of the project under County jurisdiction. The intent and effect of this Section is to have a single set of substantive standards apply to subdivision master plans to the location of the particular property in question, but to allow each local government to apply its procedural process for approval of said plans. The developer reserves the right to request exceptions and modifications to the standards set forth in applicable regulations. Where this document makes reference to a specific type of subdivision approval (e.g. Subdivision Master Plan 6pproval or platting) this reference shall be construed to mean the applicable Collier County procedure or approval in effect at the time of development. LAKE SITING As depicted on the PUD Master Plan, lakes and natural retention areas have been sited adjacent to existing and planned roadways, property lines, and throughout the golf course· The goal is to achieve an overall aesthetic character for the project, to permit optimum use of the land, provide buffering to uses within and surrounding the project, protect native vegetation, and to increase the efficiency of the water management network. Accordingly, the requirements described in Ordinance 88-26, Section BA, 8B and 8C, may be reduced subject to the approval of the County Engineer at the time of Subdivision and/or Excavation permit approval· Fill material from lakes is planned to be utilized within the project, however excess fill material, not to exceed 10% or maximum 20,000 cubic yards may be utilized off-site, subject to the provisions of the Collier County excavation ordinance in effect at the 2-4 SEP 1 6 1997 2.10 2.11 2.12 time of development. Removal of fill material in excess of 10% of total or 20,000 cubic yards must meet the requirements of a commercial excavation per Ordinance 88-26. Final lake area determination shall be in accordance with the South Florida Water Management District stormwater criteria and Ordinance 88-26. .. DEDICATION AND MAINTENANCE OF FACILITIES Roads and other infrastructure may be either public or private, depending on location, capacity, and design. Developer shall create appropriate homeowner and/or condominium associations or identify other entities which will be responsible for maintaining the roads, streets, drainage, water and sewer improvements where such systems are not dedicated to the County or Cl~y. Standards for roads shall be in compliance with the applicable provisions of Collier County Ordinances regulating subdivisions, unless otherwise approved as an exception during Subdivision Approval. SITE DEVELOPMENT PLAN APPROVAL The provisions of Section 10.5 of the Zoning Ordinance shall apply to the development of platted tracts or parcels of land as provided in said Section 10.5 prior to the issuance of a building permit or other development order. Approval of cozmercial tracts in the City. of Naples jurisdiction shall follow the General Development and Site Plan (GDSP) process. MODEL BOMES AND MODEL UNITS Model Homes and units shall be permitted within this project subject t.o the following provisions: a. Models may be constructed prior to approval of a plat. Models may be permitted as "dry models" and must obtain a conditional certificate of occupancy for model purposes only. Models may not be permanently occupied until a permanent certificate of occupancy is issued. Models may not be utilized as "sales offices" without approval by and through the Site Development Plan process. The SDP process shall not be required for dry models pursuant to this Section. d. Prior to recorded plats, metes and bounds legal descriptions shall be provided to and accepted by 2-5 ) SEPiO oO 2.13 2.14 Collier County as sufficient for building permit issuance. Said metes and bounds legal descriptions must meet proposed plat configurations and all models constructed pursuant hereto shall conform to applicable minimum square footages, setbacks, and the l%.ke as set forth herein. e. Temporary access and utility easements may be provided in lieu of dedicated right-of-ways for temporary service to model homes or units. f. Sales, marketing, and administrative functions are permitted to occur in designated model homes or units within the project only as provided herein. CONSTRUCTION DEVELOPMENT STANDARDS The standards for the construction of all project infrastructure, such as, but not limited to roads, utilities, wastewater treatment, water management facilities, and other site improvements such as but not limited to clearing, grading, excavation, landscaping and all similar types of site improvements, except for habitable buildings and structures, shall meet the minimum standards set forth by Collier County in the applicable ordinance or regulation in effect at time of development. City of Naples construction standards shall be used for water and sewer systems under City jurisdiction. The procedures for the review and approval of project infrastructure and site improvements shall be that process in effect at the time of review and approval in accordance with the City of Naples regulations for that part of the project within City jurisdiction, and Collier County regulations for that part of the project within County jurisdiction. The standards and development permit procedures for all habitable structures shall be in accordance with the appropriate City or County jurisdiction's requirements in effect at the time of building permit application. SALES CENTERS "Sales Centers" may be constructed prior to recording of a plat. "Sales Centers" may be serviced by a temporary utility system (i.e. dry well and septic tank/drainfield) prior to availability of central 2-6 S£P .1. $1~ 2.15 utility systems at which time connection to the central system will be made. Interim fire protection facilities, in accordance with NFPA requirements or as approved by the appropriate fire district are required unless a permanent water system is available to serve the Center. " Review and approval of 'Sales Centers" shall follow the requirements of' the Site Development Plan process (Zoning Ordinance Section 10.5} or whatever approval procedure is in effect at that time. A metes and bounds legal description shall be provided as part of the application. Access to the "Sales Center" shall be provided by a paved road or temporary driveway which meets applicable County standards as determined by the County Engineer. A water management plan must be provided which accommodates the runoff from the "Sales Center", the required parking and access roa~/ driveway and any other impervious surfaces. The system shall be designed to fit in with the master water management system for the entire development. At the time of building permit application for a "Sales Center" a temporary use permit shall be obtained. 'Sales Centers" may not be occupied until a Certificate of Occupancy is issued. Models must obtain a conditional Certificate of Occupancy for model purposes only. Models may not be occupied until a permanent Certificate of Occupancy is issued. IMPACT FEES Development within the project shall be subject to all lawfull adopted impact fees in effect at the time of development. 2-7 SEP 16 1997 THE GREY OAKS PUD TABLE I LAND USE SUMMARY Northeast and Southeast Quadrants (Collier County) Residential (1936 units) 399.8 Commercial/Office (956,091 S.F.G.L.A.) 90.4 Golf Course/Recreation/Park/Right-of-Way 577.1 Conservation/Lake/Water Management 180.1 Sub-Total 1,147.4 Northwest Quadrant (City of Naples) Residential (764 units) 122.0 Commercial/Office (347,000 S.r.G.L.A.) 30.0 Golf Course/Recreation/Park/Right-of-way 115.4 Conservation/Lake/Water Management 86.6 Sub-Total '-~'~-~-- Note: All acreages are digitized approximate acreages and are subject to change and variation. 2-8 SEP 16 1997 THE GREY OAKS PUD TABLE II PROJECT ABSORPTION SCHEDULE ESTIHATE Land Use No. Desi~nation Units PROJECT YEAR 1-6 Hotel Square Rooms Feet (GLA} Residential Commercial and Office Hotel Golf Course *(1) 1100 250 405,700 *(1) Golf Course - 18 holes with phased club facilities PROJECT YEAR 7-13 CUMULATIVE · Land Use No. Hotel Square Designation Units Rooms Feet (GLA) Residential 2400 Commercial and Office 985,355 Hotel 250 Golf Course *(2) *(2) Golf Course - 54 holes with club facilities (Second golf course may be constructed prior to project year 7, and may be built in 9-hole increments, club facilities may be built in phases to coincide with the golf course construction.) 2-9 $EP16 1997 TABLE II (Cont'd) PROJECT ABSORPTION SCHEDULE ESTIKAT~ PROJECT YEAR 14-20 CUMULATIVE Land Use No. Hotel Square Designation Units Rooms Feet (GLA) Land Use Residential 2700 Commercial and Office Hotel 250 1,303,091 Golf Course *(3) *(3) Golf Course - 54 holes with full club facilities (3rd golf course may be constructed after year 14, and may be built in 9-hole increments, club facilities may be built in phases to coincide with the golf course. construction.) Project years shall be adjusted to correspond with the commencement of development. The above development program outlines multi-use categories which will be assigned to the various development pods shown on Map H. These land use categories will allow for a true mixed use development to occur and allow the "Developer" to respond to an ever changing market over the next 20 years with an anticipated buildout at year 2010. The absorption schedule assumes that buildout of the residential, town center and the majority of the office and commercial may occur in the first 12 years. 2-10 $EP16 1997' 3.01 3.02 3.03 3.04 SECTION III RESIDENTIAL LAND USE PURPOS~ The purpose of this Section is to set forth the regulations for the areas designated on Map H, Planned Unit Development Master Plan, as 'R' or Residential. MA3(,IMUM DWELLING UNITS A maximum number of 2700 dwelling units may be constructed on lands designated as 'R' or Residential. GENEKAL DESCRIPTION Areas designated as 'R' or Residential on the Ma~ter Land Use Plan are designed to accommodate a full range of residential dwelling types. Approximate configurations of land use tracts have been indicated on the P.U.D. easter Plan, in order to indicate relative size and distribution of the residential uses. These acreages are based on conceptual designs and must be considered ko be approximate. Actual acreages of all development tracts will be provided at the time of platting. Residential tracts are designed to accommodate internal roadways. PERMITTED PRINCIPAL USES AND STRUCTURES 1) Detached and attached single family homes, cluster homes, zero lot line homes, patio homes, townhouses, multi-family dwellings, neighborhood recreational facilities, churches and other places of worship. 2) Water management facilities; essential services (in accordance with Section 8.10a of the Zoning Ordinance). Lakes, including lakes with seawall and other types of architectural bank treatment. 3) Open space recreational activities, community parks, and similar us,s, including but not limited to shuffleboard courts, tennis courts, swimming pools, boat docks and ramp, canoe launches, fishing piers, boat storage, beach gazebos, concession stands, health trails, bike paths and nature trails, observation platforms, boardwalks, playground, picnic areas and other types of facilities intended for outdoor recreation. 3-1 SEPI6 1997 3.05 3.06 4) Any other use which is comparable in nature with the foregoing uses and which the Collier County Planning Services Manager or the City Community Development Director determines to be compatible in the district. PERMITTED ACCESSORY USES AND STRUCTURES 1) Accessory uses and structures customarily associated with uses permitted in this district. 2) Essential services and facilities. 3) Recreational facilities accessory to a residential structure. 4) Any other accessory uses or structures which are comparable in nature with the foregoing uses and which the Collier County Planning Services Manager or the City Community Development Director determines to be compatible in the district. DEVELOPMENT STANDARDS - Table III sets forth the development standards for land uses within the 'R' Residential District. Site development stand&rds for category l, 2, and 3, uses apply to individual lot boundaries; standards for category 4 uses apply to platted development parcel boundaries. Front yard setbacks shall be measured as follows: 1) If the parcel is served by a City or Coun'ty dedicated public right-of-way, setback is measured from the existing right-of-way line. 2) If the parcel is served by a private drive, setback is measured from back of curb or edge of pavement', whichever is closer to the structure. 3) Single family detached (Category 1 only) front setbacks shall be measured from the public or private road right-of-way line. Standards for parking, landscaping, signs, guard houses, entrance gates and other land uses not specified herein are to be in accordance with Collier County Zoning and $ignage regulations in effect at the time permits are requested unless otherwise specified herein. Unless otherwise. indicated, setback, heights, and floor area standards apply to principal structures. 3-2 AG£N DA~T~M'. $£p16 Development standards for residential uses not specifically set forth in Table III shall be established during Subdivision Master Plan or Site Development Plan Approval as set forth under Sections 2.03 and 2.11 of this document. Setbacks and buffer requirements from and along, the north property line within the northwest quadrant adjacent to lots on Coach House Lane shall be as follows: (a) (b) One story single family structure: Principal - 15' Accessory - 15' One story multi-family or two story structure: (c) (d) Principal - Accessory - 50' Two story structure greater than 30' in height: Principal - 75'* Accessory - 75' Three story structure: (e) Principal - 175' Accessory - 175' Four story structure: (f) (g) Principal - 400' Accessory - 400' Vehicular use areas, including garages and carports 50' (measured to the structure or edge of pavement). A 15' wide, as measured perpendicular to said north border, and 25 foot high landscaped buffer shall be provided and maintained which is 80% opaque as. measured in every and any 25 foot by 25 foot section. The buffer shall be installed prior to construction of homes. (h) The number of dwelling units per acre shall not exceed 7 units per net acre measured within a band of land 175 feet wide parallel to said north boundary. 3-3 SEPi$ than 4 dwelling units within 175 feet of said north boundary. Two story setback is aeasursd to the second story portion o! the structure. One story portion is to be family structure. 3-4 SEP16 1997 ,.. ~/ DEVELOPMENT STANDARDS 'R' Residential Areas TABLE III PATIO, ZLL, OR SINGLE SINGLE TWO FAMILY CLUSTER, FAMILY FAMILY ATTACHED/ MULTI-FAMILY DETACHED DETACHED OR DUPLEX TOWN HOUSE ~qLLAS CATEGORY I '4 2 °4 3 5 '4 °! MINIMUM SITE 9000 5000 3500 1 AC AREA SF/Lot SF/Lot SF/t. ot SITE WIDTH 75' 50' 35' 150' MIN. AVG. SITE DEPTH 120' 100' 100' 150' MIN. AVG. FRONT YARD 25' 20' 20' °1 20' P SETBACK SIDE YARD 7.5' 5' 0 or · 20' P SETBACK minimum O' GC of 5' 2500 16' N/A O' O' REAR YARD 20' P 15' P 15' P 20' P SETBACK PRINCIPAL 10' GC 10' GC 10' GC 0' GC REAR YARD 10' P 10' P 10' P 10' P SETBACK ACSRY. O' GC 0' GC 0' GC 0' GC MAX. BUILDING HEIGHT STORIES ABOVE PARKING 2 2 2 6 °2. DIST. BETWEEN PRIrqCIPAL STR. 15' 10' O' or 5' 15' °3- 1 story 25"3 - 2-3 story 30'°3 - 4 stories & higher 10' P O' GC IO'P O' GC 2 7' FLOOR AREA MINIMUM (S.F.) 1200 1000 900 750 900 SITE DEPTH AVERAGE: Determined by dividing the site area by the site width. SITE WIDTH: The average distance between straight lines connecting front and rear parcel lines · side of the site, measured as s[raight lines between the foremost points of the side parcel lines in th4 (at the point of the intersection with the front parcel line) and the rearmost point of the parcel lines rear (point of intersection with the rear parcel line). May be reduced on cul-de-sac lots. P. Perimeter or Internal Sites GC = Golf Course, or Lake Front Sites · 1 This setback may be reduced to 12' for side entry garage °2 Three story maximum within the City of Naples for less than 8 unit· per ·cra. Four story maximum within the City of Naples for 8 unit~ per acre or greater. '3 or I/2 the sum of the adjacent buildings, whichever is greater. '4 During the County approval process, tracts ·hell be d·signated and approved ·s · specif'm cat~ The approved sPecific category shall not be changed unleas the entire tract is consistent with category. Any change from an approved category to another shall be accomplished as per Section 2. of the Collier County Land Development Code. '5 In the context here used "villas" means development that occur· on · platted lot where the to form a clustered home siting scheme accessed by an irregularly shaped private roadway Revised 12/10/96 i ~"~~ 3-5 SEP 1 6 /997 SECTION GOLF COURSE/RECREATION/PARK/RIGHT_OF_WAY 4.01 PURPOSE The purpose of this Section is to set forth the regulations for the areas designated on Map ~ Planned Unit Development Master Plan as, golf course, clubhouse, driving range, parks, right-of-ways; dedicated easements and utility corridors. 4.02 PERMITTED USES AND STRUCTURES No building or structure, or part thereof, shall be erected, altered or used, or land or water used, in whole or in part for other than the following: A. Permitted Principal Uses and Structure~ 1) Golf Course(s) 2) Tennis Club and facilities 3) Water management facilities; essential services (in accordance with Section 8.10a of the Zoning Ordinance). Lakes, including lakes with seawall and other types of architectural bank treatment. 4) Open space recreational activities, community parks, and similar uses, including but not limited to shuffleboard courts, tennis courts, swimming pools, boat docks and ramp, canoe launches, fishing piers, boat storage, beach gazebos, concession stands, health trails, bike paths and nature trails, observation platforms, boardwalks, playground, picnic areas and other types of facilities intended for outdoor recreation. 5) Community center/clubhouse(s). 6) Storage, maintenance yards, and landscaping nurseries within FP&& easements, right-of-ways, and open space. Subject to approval of the persons or entities in whose favor the easement or right-of-way runs. 7) Project Info~mation and Sales Center .. 8) Any other use which is comparable in nature with the foregoing uses and which the Collier County Planning Services Manager or the City Community Development Director determines to be compatible in the district. 4-1 SEP 1 $ 997 4.03 B. Permitted Accessory Uses and Structures Accessory uses customarily associated with the principal uses permitted in this district including but not limited to: 1) Pro-shop, practice driving range, cart barn and other customary accessory uses of golf courses, or other recreational facilities, including maintenance area and pump houses, golf course rain shelters, restr0oms, and snack bars. 2) Small commercial establishments, including gift shops, golf and tennis equipment'sales, restaurants, cocktail lounges, and similar uses intended to serve patrons of the golf course or other permitted recreational facilities, subject to the provisions of the applicable supplementary district regulations of the Zoning Ordinance of Collier County. 3) vehicle wash facility DEVELOPMENT STANDARDS 1) Overall site design shall be harmonious in terms of landscaping, enclosure of structures, location of access streets and parking areas and location and treatment of buffer areas. Buildings shall be set back a minimum of ten (10') feet from parcel boundaries, except for common boundaries between golf course, recreation and park uses, and water management facilities, in which case the setback is zero (0') feet. 3) Maximum height of structures: Fifty (50') feet, unless abutting a residentially zoned parcel, then thirty five (35'} feet. 4) Minimum distance between principal buildings: Five (5') feet - 1 and 2 story buildings that are a part of ah architecturally unified g~ouping of structures. Ten (10') feet - I story. Twenty (20') feet - 2 story. 4-2 SEP 16 1997 Setback for structures from parcel abutting residential areas: boundaries Twenty (20') feet - principal structures. Ten (10') feet - accessory structures. 6) Parking for the conunity center/clubhouse shall be one space per every two hundred (200) square feet of gross floor area, which shall be considered inclusive of required golf course parking. 7) Standards for parking, landscaping, signs, guard houses, entrance gates and other land uses not specified herein are to be in accordance with Collier County Zoning and $ignage regulations in effect at the time permits are requested unless otherwise specified herein. Unless otherwise indicated, setback,' heights, and floor area standards apply to principal structures. 8) A 20' landscape buffer shall be provided along Golden Gate Parkway within the northwest quadrant adjacent to the golf course corridor. 4-3 SEPi6 199T SECTION V CONSERVATION AND OPEN SPACE AREAS 5.01 PURPOSE The purpose of this Section is to set forth the regulations for areas designated as conservation and open space. 5.02A PERMITTED USES AND STRUCTURES - CONSERVATION AREAS No building or structure, or part thereof, shall be erected, altered or used, or land or water used, in whole or in part, for other than the following: 1) Passive recreational areas, boardwalks, observation platforms. 2) Biking, hiking, health and nature trails, canoe launches, golf cart paths. 3) water management facilities, roadway crossings and utility crossings. 4) 5) Lighting and signage. Any other activity or use which is comparable in nature with the foregoing uses and which ~he Collier County Planning Services Manager or the City Community Development Director determines to be compatible with the intent of this district. 5.02B FERMITTED USES AND STRUCTURES - OPEN SPACE AREA~ No building or structure, or part thereof, shall be erected, altered or used, or land or water used, in whole or ia part, for other than the following: 1) Parks, passive recreational areas, boardwalks, observation platforms. 2) Biking, fishing .. paths. hiking, health and nature trails, boat docks, piers, canoe launches, boat storage, golf cart Equestrian paths. 5-1 8EP16 5.03 4) Water management facilities and lakes, as approved by the South Florida Water Management District, roadway crossings and utility crossings. 5) Recreational shelters, active park facilities, and restrooms, off street parking, lighting and signage. 6) Any other activity or use which is comparable in nature with the foregoing uses and which the Collier County Planning Services Manager or the City Community Development Director determines to be compatible with the intent of this district. DEVELOPMENT STANDARDS 1) Overall site design shall be harmonious with 'the area's natural characteristics. All work proposed in wetland areas designated on the Master Plan shall be reviewed and approved by the Collier County environmental staff and appropriate county, state or federal regulatory or jurisdictional agency prior to the commencement of any such activity. 3) The County may request copies of permits from all appropriate regulatory agencies or jurisdictional agency prior to construction plan approval. Conservation areas are subject to jurisdictional agencies revie~ and listed usages do not guarantee that those usages will be approved. 4) Standards for parking, landscaping, signs, guard houses, entrance gates and other land uses not specified herein are to be in accordance with Collier County Zoning and $ignage regulations in effect at the time permits are requested unless otherwise specified herein. *1 SECTION VI COHMERCIAL 6.01 PURPOSE 6.02 Northeast and Southeast ~adrants only. The purpose of this section 'is to set forth the regulations for the area designated on Map H PUD Master Plan, as 'C' Commercial 'O/C' Office Commercial, 'C/H' Commercial Entel, 'O' Office, and 'Town Center'. These are areas located within a designated activity center, therefore permitted uses for these tracts are intended to be inclusive of all types allowed by the City of Naples and the Collier County Zoning Ordinance. PERMITTED USES ~ STRUCTURES No building or structure, or part thereof, shall be erected, altered or used, or land or water used, in whole or in part, for other than the following: 1) Permitted Principal Uses and Structures for C, O/C; C/H, and Town Center Tracts: (a) Antique shops; appliance stores; art studios; art supply shops; automobile parts stores; automobile service stations without repairs (See Section 9.8)'1; awning shops. (b) Bakery shops including baking; bait and tackle shops*2; banks and financial institutions, including drive-in windows; barber and beauty shops; bath supply stores; bicycle sales and services; blueprint shops; bookbinders; book stores; busine=s machine services; business offices, building maintenance services and .building supplies. (¢) Cabinet shops, canteen services, building maintenance services, building supplies, carpet and floor covering sales - which may Include storage and installation; car wash; child care centers; churches and other places of worship (See Section 8.11)*1; clothing stores; cocktail lounges (See Section 8.11).1; commercial schools; confectione~' and candy stores, concessions and .. vendors; civic and cultural facilities; colleges, universities and schools; convalescent centers and nursing hoses; computer sales and services*2. These section references are from the Collier Count, Ordinance. *1 *2 Delicatessens; department stores; drug stores; dry cleaning, collecting and delivery; dry goods stores; drapery shops*2; department stores. (e) Electrical supply stores; express office; employment agencies; equipment rentals repair and sales including la~n mowers and power saws. (f) Farmers market*2, fish stores - retail only; florist shops; fraternal and social clubs (See Section 8.11)'1; food markets; furniture stores; furrier shops. (g) Garden supply stores - outside display in side and rear yards*2; gift shops; glass and mirror sales - including storage and installation; gourmet shops; gunsmiths. (h) Hardware stores; health food store; homes for the aged; hospitals and hospices; hotels, motels and transient lodging facilities; hobby supply stores. (i) Ice cream stores, indoor commercial recreation, interior decorating showrooms. (j) Jewelry stores. (k) LaUndries; laboratories, film research and testing; leather goods; luggage stores; linen supply shops; lithograph; laboratories; liquor stores; locksmiths; lakes and water bodies with seawalls and architectural bank treatments, or conventional lake banks. (1) Markets - food; markets - meat; medical offices and clinics; millinery shops; motion picture theatres; museums; music stores; mortgage brokers. (m) New car dealerships - outside display permitted; news stores; night clubs*2 (See Section 8.11)*l; (n) Office - general - business, and professional; office supply stores. (o) Paint and wall paper stores; post offices; pet shops; photographic equipment' stores; pottery stores*2; printing*2; publishing and mimeograph service shops*2; private clubs*2 (See Section 8.11)*1; plumbing shops and supplies. These section references are from the Collier County Zoning Ordinance. Northeast and Southeast quadrants6_2 only. ] ~o.AG£ND-A~T~ / SEP ! $ 199; ; 2) Radio, television and appliance sales and services; radio stations (offices and studios), and auxiliary transmitters and receiving equipment, but not principal transmission tower; research design and development; real estate offices; rest homes; restaurants - including drive-in or fast food restaurants and full service (See Section 8.11)'1; retail sales of used goods; all uses permitted in Section III and IV of this document - subject to development standards identified in those Sections. Small scale retail sales other than shopping centers; shoe sales and repair; shopping centers (See Section 10.5)*1; souvenir stores; stationery stores; supermarkets; sanatoriums; and interim sewage treatment plant*2. Tailor shops; taxidermists; tile sales - ceramic tile; tobacco shops; toy shops; trooica! fish stores; telephone exchange shops; transportation, co~municaticn and utility offices. (s) Variety stores; vehicle rentals, veterinarian offices and clinics - no outside kennels. (t) watch and precision instrument sales and repair shops. (u) Any other commercial use or professional service which is comparable in nature with the foregoing uses and which the Collier County Planning Services Manager or the City Community Development Director determines to be compatible in the district. (v) Any other commercial uses set forth in the City of Naples Development Agreement. Permitted Uses and Structures for '0' (Office) Tracts: (a) Art Studios (b) Banks and financial institutions, including drive-in windows; book stores; business offices. *1 *2 These section references are from the Collier County zoning Ordinance. Northeast and Southeast quadrants only. No. ~/ 6-3 SEP 1 G 1~7 Child care centers; churches and other places of worship (see Section 8.11); commercial schools; civic and cultural facilities; colleges, universities and schools. (d) Express office; employment agencies. (e) Fraternal and social clubs (See Section (f) Homes for the aged; hospitals and hospices. Laboratories; lakes and water bodies with seawalls and architectural bank treatments, or conventional lake banks. h) Medical offices and clinics; mortgage brokers. Office - general - business, and professional; office supply stores. Private c!ubs*2 (See Secticn 8.11). Radio stations (offices and studios, and auxiliary transmitters and receiving equipment, but not principal transmission tower); research design and development; real estate offices; all uses permitted in Section II! and iV of this document - subject to development standards idgntified in those Sections. I) Transportation, communication and utility offices. Veterinarian offices and clinics - no outside kennels. (n Any other commercial use or professional service · which is comparable in nature with the foregoing uses and which the Collier County Planning Services Manager or the City Community Development Director determines to be compatible in the district. 3) Permitted Accessory Uses and Structures: Accessory uses and structures customarily associated with the uses permitted in this district. (a) Caretaker's residence (See Section 8.40)'. *1 *2 These section references are from the Collier County zoning Ordinance . Northeast and Southeast quadrants only. V AGf~,~, 6-4 J SEP 1 8 1997 I PI- ~ 6.03 )~Z~9~nenl .~lan~ ~ rd~ 3) Minimum l,ol ,,x,~m: Ten Thousand (10.000) square feet. blinimum l,ot \vidih: One hundred feet (I00'). Minimum ~¢tback Requ r¢:~en.Ls (Internal): (a) Front setback - Twenty feet (20'). (b) Side setback - None, or a minimum offive feet (5') with unobstructed passage from front to rear yard. (c) Rear setback - [:ificcn feet (15'). (d) \ atcrlro,'u setback - Zero feet (0') to seawall, bulkhead, or rip rap. otherwise liflccn IL'et (I5'). lc) Parcels ',vid~ two frontages max' rcduce one front setback by ten foci (10'). 4) n~m~ ,~elbacks and buffers from external right-ofwiLvs: Golden (5ate t';~rkwax - Fifty foot (50') setback. 'I'wcntv foot fL0') landscape buffer. (b) .,\irport Road and l.ivingston Road - Twenty foot (20') plus two feet (2') for every one Ibot (I ') ofbuilding height; twenty foot (20') landscape bu fl'ct. 5) 151;I×h~IUtll I lcig~: Fifty (50) feet. _lJ--l~I~ilaI: Sixty-five (65) feet CNortheast quadranl _on 13.~ 6) Minimum Floor Area of Structurgs: One thousand (1,000) square feet per building on the ground floor. Kiosk vendors, concessions, and temporary or mobile sales structures are permitted to have a minimum structure of twenty-five (25) square feet, and are not bound by setback requirements. 'l These section references are from the Collier County Zoning Ordinance. '2 Northeast and Southeast quadrants only. 6-5 SEP i $ 1997 7) 8) 9) Maximum Floor Area Ratio (FAR) for Commercial Use~: Based on gross leasable floor area (GLFA) and acreage. Retail: .]0 Office: .35 Project total 649,638 GLFA Project total 65],45] GLFA Maximum Density of Rotel, Motel and Transient Lodc!n~ Facilities: 30 rooms per acre. Distance Between Structures: setback. Same as for side yard Standards for pa~king, landscaping, signs, guard houses, entrance gates and other land uses not specified herein are to be in accordance with Collier County Zoning and Signage regulations in effect at the time permits are requested unless otherwise specified herein. Unless otherwise indicated, setback, heights, and floor a~ea standards apply to principal structures. A t~'enty-five (25) foot landscape strip of land shall be provided along al! arterial road commercial frontages. *1 These section references are from the Collier County Zoning Ordinance. *2 Northeast and Southeast quadrants only. 6-6 SEP 1 G 1997 SECTION VII GENERAL DEVELOPMENT COMMITMENTS 7.0i 7.02 7.03 PURPOSE The purpose of this Section is to set forth the development commitments of the project. P.U.D. MASTER PLAN i) 2) The P.U.D. Master Plan - Map H is an illustrative preliminary development plan. The design criteria and layout illustrated on the Master Plan shall be understood to be flexible, so that, the final design may satisfy project criteria and comply with all applicable requirements cf this ordinance. All necessary easements, dedications, or other instruments shall be granted to insure the continued operation and maintenance of all service utilities. 3) Site design changes shall be permitted subject to Collier County and/or City of Naples staff administrative approval, where such changes are consistent with the intent of this P.U.D. and do not cause significant impac~ to surrounding properties abutting the Grey Oaks PUD. E ~'4~; i RONMENTAL I) Petitioner shall be subject to Collier County Growth Management Plan Conservation and Coastal Management Element Objectives 6.4.6 and 6.4.7, Ordinance No. 82-2 as amended by Ordinance No. 89-49, and Ordinance No. 75-21 as amended by Ordinance No. 89-58. The 25% shall be 'monitored at each site clearing plan submittal. The petitioner shall receive credit from any phase where the 25% amount is exceeded to be applied to a phase where it is not. In any phase of development where credit toward the 25% is needed the petitioner shall delineate on the site clearing plan the percentage of viable naturally functioning native vegetation retained and/or areas of landscaping and open space which are planted with native species. The petitioner shall show the calculations on each site clearing plan which totals the overall 25% for the project build-out. 2) Petitioner shall be subject to Ordinance No. 82-2 as amended by Ordinance No. 89-57 (use of native species in landscaping). AG£ND~' 7-1 SEP 1 $1997 3) Petitioner shall be subject to Ordinance No. 82-37 as amended by Ordinance No. 89-53 (removal of exotic species). 4) ?etitione~ shall be subject to the Management Plan Conservation and Element Policy 12.1.3 (discovery of historical site, artifact or preservation). Collier County Growth Coastal Management an archaeological or other indicator of 5) Petitioner shall obtain all necessary local, state and federal permits Cooies of appropriate ju ; ; -; ~ · . r.sd.c..ona_ delineations are required at the time of subdivision master plan per the County Engineer. Petitioner shali be subject ~o Collier County ~{anagement Conservation and Coastal Management Policies 7.3.4, 7.3.~ and 7.3.8. Growth Element 8) 9) Protected plant species (butterfly orchid) and those which may be observed during each construction phase shall be protected from injury or relocated on site. The existing locations as well as the transplantation locations, if warranted, shall be nt.~zed on the site clearing D!an for each phase of construction. ' The petitioner must receive all appropriate state approvals for storing and handling hazardous materials prior to construction of the golf maintenance facilities. All hazardous materials will be stored in a central location, removed from the Gordon River headwaters or Golden Gate Canal. There will be no storage of hazardous materials, that is in excess of two (2) days supply, at the satellite facilities. However, petroleum storage at these facilities shall be allowed, but only in above ground storage facilities constructed and maintained in accordance with EPA and FDER standards. The petitioner shall submit any required contingency plans approved by appropriate state and federal agencies for clean up and mitigation of unauthorized release of hazardous materials. The preservation or conservation areas shall be delineated on any plat which includes the preservation/conservation area. 10) Buffers around protected wetlands shall comply with South Flerida Water Management District criteria. 7-2 SEP 1 G lgg7 11) Control structure elevations in protected, created or restored wetlands shall be established to maintain or improve adequate hydroperiods. The control structure elevation shall be designed to meet the requirements of South Florida Water Management District and Collier County Growth Management Plan Conservation and Coastal Management Element Policies 6.2.2 and 6.2.13. 12) Prior to the Subdivision Master Plan and Site Development Plan submittal for development which is adjacent to a wetland, all boundaries of the County jurisdictional wetland areas shall be flagged by the petitioner and field verified by Collier County Environmental Staff. 13) Quantitative criteria for mitigation shall be based on the results of final field determinations made by the $¢u~h Florida Water management District and Collier County Environmental Staff at or prior to the time of construction plan approval. Compensation proposals shall provide reasonable assurance that resource impacts will be offse[. a) Mitigation plans proposed in wetlands to be preserved, restored, enhanced shall include a description of area (location and size), vegetation proposed to be planted, source of vegetation (transplantation from impacted areas preferred), hydrologic regime, exotic vegetation removal, monitoring and maintenance plan. Monitoring and maintenance programs shall be provided for a minimum of five years post construction by the entity responsible for common area maintenance, established by the developer. Said program shall be reviewed and approved by Collier County Project Review Staff. b) Mitigation proposed in upland areas shall emphasize the retention of existing vegetation and shall focus on establishment of native vegetative "communities". c) Lakes mitigation in the lakes designated on conceptual site plans shall include littoral zone plantings of native, aquatic vegetation. 14) Petitioner shall be subject to all environmental ordinances in effect at the time of final approval of the PUD document by the Board of County Commissioners, unless "specifically exempt in the PUD document. 15) The PUD Master Development Plan shall be revised prior to' review by the Collier County Planning Commission to add a note which indicates the "W" represents wetlanH~ t9 be preservation areas. These areas are approximate a~N{;4~/ be refined during the permitting process. / No. ~_~, 7.04 WATER ~ANAGEMENT !) Detailed paving, grading and site drainage plans shall be submitted to Project Review Services for review. construction permits shall be issued unless and until approval of the proposed .construction in accordance with the submitted plans is granted by Project Review Services. 2) In accordance with the Rules of the South Florida water Management District, (S~NMD) Chapters 40E-4 and 40E-40, this project shall be designed for a storm event of 3-day duration and 25-year return frequency. 3) An Excavation Permit will be required for the proposed lake(s) in accordance with Collier County Ordinance No. 88-26 and SFWMD rules. Several of the lakes proposed do not meet the minimum setback requirements of Ordinance 88-25. The master plan shall be revised to meet the minimum setback requirements or documentation shall be provided during the Subdivision Master Plan process :o a!!cw a reduction in the setback with appropriate barriers provided. The lake and swale typical cross-sections shall conform to al! applicable County Ordinances. This project is recommended for approval for rezoning and DRI purposes only. Detailed site drainage plans of each drainage sub-basin shall be submitted to the Water Management Advisory Board for review. No construction permits shall be issued unless and until approval of each individual drainage sub-basin is granted by the Water Management Advisory Board. An executed agreement between the applicant, Big Cypress Basin and the South Florida Water Management District, detailed plans and associated documentation relating to the installation of the new control structure and the relocation of the existing amil gate structure including back pump facilities shall be submitted to the water Management Advisory Board for review prior to construction plan approval. A copy of the South Florida Water Management District Conceptual Permit or favorable staff report shall be required prior to Subdivision Master Plan approval. A or Early Work plan approval. copy of South Florida Water Management District Permit Pesmit to construction is required prior 7-4 7.05 9) Documentation from Florida Power and Light allowing use of their right-of-way for the purposes of water management shall be provided prior to Subdivision Master Plan approval. 10) This approval does not constitute agreement by the County to any control elevation or discharge rate. All agreements shall be made with South Florida Water Management District/Big Cypress Basin. TRANSPORTATION 1) The developer shall provide appropriate lef~ and/or right turn lanes on Airport Road, Golden Gate Parkway and Livingston Road at all project accesses. The de'ze!coer shall provide arterial level street lighting at ail project accesses. The developer shall provide a fair share contribution toward the caoita! cost of traffic signals, including int~rconnec~ion where applicable, at any project access when deemed warranted by the County. The signals will be owned, operated and maintained by Collier County. LiTingstcn Road Right-of Way Dedication: a) The deve!ocer shall dedicate sufficient right-of-way north of Golden Gate Parkway to establish a right-of-way corridor 120 feet in width along the entire length of the developer's property, taking into consideration the existing Livingston Road right-of-way easement. Additional right-of-way within the Florida Power and Light easement may be required subject to approval and releases by Florida Power and Light. b) The developer shall dedicate 50 feet or road right-of-way south of Golden Gate Parkway along the length of the developer's property. In addition, for a distance of 200 feet south of Golden Gate Parkway, the developer shall dedicate an additional 50 feet in ~idth immediately west of the aforementioned right-of-way. Said additional 50 feet in width may be in the form of a 25 foot wide road right-of-way dedication and a 25 foot wide easement for drainage, water management, landscaping, and bikepath use. For the next 800 feet south of Golden Gate Parkway, the developer shall dedicate a strip of land tapering from 50 feet in width in the north to 0 feet in width in the south, in a diminishing line immediately west 7-5 SEP 1 ~ ]g97 ,,,~ J-F 5) of the aforementioned right-of-way. Said additional property shall, to the extent it exceeds 25 feet, be in the form of an easenent for drainage, water management, landscaping, and bikepath use. The "easements" (as opposed to the dedications) specified herein may be used to satisfy all or part of the setback and buffer requirements for the adjacent property. The developer shall dedicate 40 feet of right-of-way along the north side of Golden Gate Parkway west of Airport Road along the entire length of the developer's property, shall incorporate the Golden Gate Parkway drainage into the water management system of the developer's project, and shall accept al! drainage from both a quality and quantity standpoint. ~) The developer shall dedicate ~0' for right-of-way on each side of Golden Gate Parkway between Airport Road and Livingston Road. 7) Collier Airport existing system. County reserves the right to expand the lanes on Road by adjusting the cross section of the canal to incorporate road run-off in the lake 9) The developer shall dedicate sufficient right-of-way at the intersection of Airport Road and Golden Gate Parkway to allow a grade separated urban interchange with Golden Gate Parkway being the grade separated roadway. All traffic control devices used, excluding street name signs, shall conform with the Manual on Uniform Traffic Control Devices as required by Chapter 316.0747, Florida Statutes. 10) If Collier County adopts a proportionate share or areawide transportation assessment program, or modifies its Impact Fee ordinance, to provide additional credit for right-of-way dedication, the developer shall be entitled to such a credit towards the 25 acres more or less of dedication. It is understood that the total amount of land involved in these dedications is equal to 25 acres more or less. 11) The number, type, and location of, and allowable changes to project access intersections with County roads shall be as set forth in Exhibit D to the Halstatt DRI/Grey Oaks Development Order. 7-6 SEP 1 1997 7.06 12) Impact fee payments shall be made to Collier County pursuant to the Impact Fee Ordinance in effect at the time of relevant permit application, said Impact Fee Ordinance currently being Ordinance 90-14, amending Ordinance 85-55. UTILITIES The water dis%ribution system and appurtenant facilities to serve the project are to be designed, constructed, conveyed, owned and maintained pursuant to the requirements of the City of Naples. The sewage collection, transmission and treatment and disposal facilities to serve the portions of the project on the west side of Airport Road are to be designed, construction, conveyed, owned and maintained pursuant to the requirements of the City of Naples. Provisions for sewer service to those portions of the project lying cn the east side of Airport road shall be as follows, unless a service area modification is approved between the City of Naples and the Collier County Water-Sewer District prior to the submission of subdivision master plan applications to Collier County for the project. a) b) c) The sewage collection and transmission and interim sewage treatment facilities to serve the portions of the project .~n the east side of Airport Road are to be designed, constructed, conveyed, owned and maintained in accordance with Collier County Ordinance No. 88-76, as amended, and other applicable County rules and regulations. All customers connecting to the sewage collection facilities to be constructed will be customers of the County and will be billed by the County in ~ccordance with the County's established rates.' Should the County not be in a position to provide sewer service to the project, the sewer customers shall be customers of the interim utility established to serve the project until the County's off-site water and/or sewer facilities are available to serve the project. It is anticipated that the County Utilities Division will ultimately receive and treat the sewage generated by this project. Should the County system not be in a position to receive the project's wastewater, at the time development commences (that 7-7 SEP 1 6 1997 generates wastewater), the Developer, at his expense will install and operate interim on-site sewage treatment and disposal facilities adequate to meet all requirements of the appropriate regulatory agencies. An agreement shall be entered into between the County and the Developer, his assigns or successors regarding any interim treatment facilities to be utilized. The agreement must be legally sufficient to the County, prior to the approval of construction documents for the project and be in conformance with the requirements of Collier County Ordinance No. 88-76, as amended. The utility construction documents for the project's sewerage system shall be prepared to contain the design and construction of the on-site force main which will ultimately connect the project to the future central sewerage facilities of the District in the Airport Road rights-of-way. The force main must be extended from the main Ch-site pump station site to the east rights-of-way line of Airport Road and capped. It must be interconnected to the pump station with appropriately located valves to permit for simple redirection of the project's sewage when connection to the County's central sewer facilities becomes available. Prior to the approval of construction dJcuments that provide for development that generates wastewater by the County, the Developer must present verification, pursuant to Chapter 367, Florida Statutes, that the Florida Public Service Commission has granted territorial rights to the Developer to provide sewer service to the project until the County can provide the service through its sewer facilities. The project's Developer(s), his assigns or successors shall negotiate an Agreement with the Collier County Water-Sewer District for the use of treated sewage effluent within the project limits, for irrigation purposes. The Developer would be responsible for providing all on-site piping and pumping facilities from the County's point of delivery to the project and negotiate with the County to provide full or partial on-site storage facilities, as required by the DER, consistent with the volume of treated wastewater to be utilized. 7-8 N~. ~f SEP 1 S 1997 7.07 Subdivision master plans shall identify the location of interim wastewater treatment facilities required, in addition, documentation must be provided to verify that the site is of adequate size for the facility intended. S i GNAGE General Ail County sign regulations shall regulations are in conflict with forth in this section. apply unless such the conditions set b) For the purpose of this ?UD Document/Ordinance, each platted parcel shall be considered a separate parcel of land and shall be entitled to any sign as permitted herein. d) Should any of the signs be requested to be placed ~i[hin the public right-of-way, a right-of-way permi= must be applied for and approved. 'Ail signs shall be located so as not to cause sight distance problems. tranc° Signs a) Two (2) signs with a maximum area of 6b square feet each or one (1) sign with a maximum area of 100 square feet shall be permitted at each entrance of the development. b~ Entrance signs shall not exceed a height of fifteen (15) feet above the finished ground level of the sign site. c) Entrar~ce signs may be lighted provided all lights are shielded. 3) Project Signs a) Project signs, designed to promote the Project, or any major use within the project shall be. permitted along the east and west side of Airport Road, the north and south side of Golden Gate Parkway, and the west side of Livingston Road, and on all land tracts within Grey Oak PUD limits subject to the following conditions: 1) Project signs shall not exceed a height ,~F t.~entv.. . (20) feet above the finished ground leve~ of^%~A~ia/JE,~ 7-9 ! , SEPII~lg~ 7.08 7.09 sign site nor may the overall area of the sign face exceed one hundred (!00) square feet. A maximum of fourteen (14) project signs shall be permitted. Six (6) located along Airport Road frontage, four (4) each located along Golden Gate Parkway and Livingston Road frontage. The location of such signs shall generally be limited to a one-quarter mile spacing requirement unless existing vegetation requires a somewhat closer spacing. An additional 5 intersection signs shall be permitted at the intersections of Golden Gate Parkway with Airport Road and Livingston Rcad. Project signs may be lighted provided all lights are shielded. E>;GiNEERiNG Detailed paving, grading, site drainage and utility plans shall be submitted to Project Review Services for review. No construction permits shall be issued unless and until approval of the proposed construction in accordance with the sub~itted plans is granted by Project Re'zlew Services. Design and construction of all improvemehts shall be subject to compliance with the appropriate provisioins of the Collier County Ordinances regulating subdivisions, unless otherwise approved as an exception to said regulations during Subdivision Approval. Platting shall be accomplished when required by Collier County Ordinances regulating subdivisions. work within Collier County right-of-way shall meet the requirements of Collier County right-of-way Ordinance 82-91. 5) Internal access into tracts Plan is informational only. determined during Subdivision approval. as shown on the PUD Master Exact locations shall be or Site Development Plan EXCEPTIONS TO SUBDIVISION REGULATIONS time of application for subdivision approval in · with applicable subdivision regulations in effect of development. 7-10 Exceptions to subdivision regulation shall be requested at the accordance No. ~t SEP 1 t] 1997 I-I 7.10 7.11 SCHOOL DISTRICT The applicant shall dedicate a fifteen (15) acre school site to the Collier County School District at a location (off-site) agreed upon between the Applican: and the School District. FIRE STATION/EMS SITE The applicant shall dedicate a 1.5 acre site for use by the North Naples and the East Naples Fire Districts, together with Collier County Emergency Medical Services. The site shall be dedicated in fee simple, subject to the following conditions: 1) 2) The site shall revert to the owner if it is not utilized for a fire and rescue facility for at least (5) years. If either fire district or the Emergency Medical Services adopts impact fees the Applicant shall be entitled to impact fee credit for the dedicated site based on the fair zarket value on the date of the dedication. rev/5/ll/90 IDR/ln 7-11 EXECUTIVE SUMMARY PETITION NO. PUD-97-6, ROBERT DUANE OF HOLE, MONTES & ASSOCIATES, REPRESENTING MARK WOODWARD, TRUSTEE, REQUESTING REZONE FROM C-2 AND "A" 'tO PUD TO BE KNOWN AS U.S. 41/WIGGINS PASS ROAD PUD FOR COMMERCIAL AND PROFESSIONAl'. OFFICES FOR PROPERTY LOCATED ON THE SOUTHEAST CORNER OF U.S. 41 AND WIGGINS PASS ROAD, IN SECTION 15, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER CODq~tTY, FLORIDA, CONSISTING OF 9.08 ACRES, MORE OR LESS. OBJECTIVE: This petition seeks Io have certain property now zoned C-2 and Agricultural rezoned to a PUD Planned Unit Development classification for purposes of establishing a commercial development over Ihe entirety of the land included in lhe PUD except a.s struclured by the PUD Master Plan. CONSIDERATIONS: The property is located at the soulheast comer of U.S. 41 North and Wiggins Pass Road fronting boih U.S. ,~1 and Wiggins Pass Road. This petition is intended to allow a mixed use commercial development consisting of uses generally aliowed in the C-4 zoning district with the exception of mini and self storage warehousing, a C-5 usc. The Master Plan provides for an imernal road system with access to and from to both U.S. 41 North and Wiggins Pass Road. The PUD further provides that only Tract "E" may be used for mini-storage warehousing. Tract "E" is located to the most eastern part of the site and has no frontage on U.S. 41 N. Development within this PUD will be subject to the County's Architectural standards and site design review process. The property is located within the area designated for Urban-Mixed Use Activity Center purposes. Land uses allowed in designated "activity centers" include but are not limited to all types of commercial land uses as described in the Land Development Code for C-I through C-5 permitted and conditionally approved land uses, or as otherwise approved by the Board of Commissioners for bona fide commercial land uses otherwise not accounted for in the LDC. The land area contained within this PUD does not comprise the total land area that falls within the "activity center" designated area. Evaluation for consistency with applicable elements of the GMP advised that this petition as structured is consistent with the GMP. All staff with jurisdictional responsibilities were given an opportunity to identify jurisdictional needs resulting from development at this project. Their conditions needed to assure consistency ~vith the GMP or LDC are reflected in the SEP 1 fl 1997 All rezoning actions require a findings on the part of thc Collier Count)' Planning Commission (CCPC) based on the pro..'isions of Section 7.7.2.5. A preponderance of the rezone finding support an action Io rezone the subject lands to the Planned Unit Development zoning district. The rezone findings are formatted to give both reasons for or against a decision to rezone the property. Said findings are included in this Executive Summary submission together with the staffreport which is approved by the CCPC. The EAB heard this petition on August 6, 1997 and they recommended approval subject to certain conditions which are included in thc PUD document and reflected on the Master Plan. The Collier County Planning Commission heard this petition on August 21, 1997 and unanimously to 0) recommended approval of this petition as presented. One communication was received asking for adequate buffering. FISCAL IMPACT: This amendment by and of itself will have no fiscal impact on the County. However. if this amendment achieves its objective, the land will be developed. The mere fact that ne,,,.' development has been approved will result in a future fiscal impact on Count)' public facilities. The Count.,,' collects impact fees prior to thc issuance of building permits to help off-set the impact of each ne,,..' development on public facilities. These impact fees are used to fund project in the Capital Improvement Element needed to maintain adopted levels of sen'ice for public facilities. In the event that impact fcc collections are inadequate to maintain adopted levels of ser¥ice, the County must provide supplemental funds from other revenue sources in order to build needed facilities. GROWTH MANAGEMENT IMPACT: Petitions deemed to be consistent with all provisions of the Growth Management Plan can not have an impact on the Collier County Growth Management Plan. This petition was reviewed for consistency and was found to be consistent with all provisions of the Growth Management Plan. Development permitted by the approval of this petition will be subject lo a concurrency review under the provisions of the Adequate Public Facilities Ordinance No. 90-24 at the earliest or next to occur of either final SDP approval, final plat approval, or building permit issuance applicable to this development. tlISTORIC/ARCHAEOLOGICAL IMPACT: Sta£?s analysis indicates that the petitioner's property is located outside an area of historical and archaeological probability as referenced on the official Collier County Probability Map. ThereFore, no Historical/Archaeological Survey and Assessment is required. AG£f!DAyIT(~ M SEP 1 6 1997 PLANNING COMMISSION RECOMMENDATION: That Petition PUD-97-6 having the effect of rezoning approximately nine (9) acres of land on Ihe southeast comer of U.S. 41 N. and Wiggins Pass Road to the Planned Unit Development (PUD) district for a mixed commercial development be approved as provided by the draft Ordinance of Adoption and exhibits thereto being the PUD document and master plan. CItlEF PLANNER REVIEWED BY: ROBFrRT J. MUI..HERE, AICP CURRENT PLANNING MANAGER DON.-~LD W. ARNOLD, AICP PLANNING SERVICES DEPARTMENT DIRECTOR VINCENI A. CAUTERO, ADMINISTRATOR DATE COMMUNITY DEV. AND ENVIRONMENTAL SVCS. DATE DATE PUD-97-6 EX SUMMARY/md AGEN DAAT~M, \ SEP 16 1997 Pg.\ _99 MEMORANDUM TO: COLLIER COU,~TY PLAN~'ING COMMISSION FROM: COMMUNqTY DEV'ELOPMENT SERVICES DIVISION DATE: JUNE 24, 1997 RE: PETITION NO: O\VNER./AGENT: PUD-97-6, U.S. 4 IAYqGGINS PASS ROAD PUD .Agent: Robert L. Duane, AICP Hole, Montes & Associates. Inc. 715 Tenth Street South Naples, Florida 34102 Owrlr'. £1 Mark \Voodward. Trustee Woodward. Pires & Lomardo. P.A. 801 Laurel Oak Drive. Suite 640 Naples, Florida 34108 geneficim'ies of tile Trust are as Follows: 1. Southern Gulf Properties, Inc. 2. Johannes Becker R_.J.EOUESTED ACTION.'_ This petition seeks to have certain property herein described rezoned from its current zoning classification of"A" Rural Agricultural and C-2 to "PUD" Planned Unit Development GEOGRAPHIC LOCATION: The property is located at the southeast comer of U.S. 41 North and Wiggins Pass Road fronting both U.S. 41 and Wiggins Pass Road (see location map following page). .PURPOSE/DESCRIPTION OF PROJECT: This petition is intended to allow a mixed use commercial development consisting of uses generally allowed in the C-4 zoning district with the exception of mini and self storage warehousing a C-5 use, also an intended use. The l/laster Plan provides for an internal road system connecting to both U.S. 41 North and Wiggins Pa.,, Road, and further provides that only Tract "E" may be used for mini-: storage warehousing. Trw. "E" is located to the most eastern part of the site and hlno SEP 1 6 1997' · Pg, ~/ -. C oP AGE~ N.~. SEP16 SURROUNDING LAND USE AND ZONING: Existing: The land is vacant and zoned "A" Rural Agricuhural and C-2 Commercial Convenience District. Surrounding: >,'or~h - East - South \Vest The land is developed with a gas station/dry cleaning establishment and a mobile home park. The property is zoned C-4 and MH. The land is developed as a mobile home park and is zoned MH. The land is vacant and developed with mobile homes and is zoned C-2 and MH. To the west lies U.S. 41 N. right-of-v,'ay while further west lies the Germain Automobile Dealerships. The land is zoned PUD Commercial. GROWTIt 5IANAGEMENT PLAN CONSISTENCY: The property is located within the area designated for Urban-Mixed Use ActMty Center purposes. Land uses allowed in designated "actMty centers" include but are not limited to all types of commercial land uses as described in the Land Development Code for C-I through C-5 permitted and conditionally approved land uses. or as otherwise approved by the Board of Commissioners for bona fide commercial land uses otherwise not accounted for in the LDC. The land area contained within this PUD does not comprise the total land area that falls within the "activity center" designated area. A consistency evaluation within applicable elements of the GMP advises as follo`.vs: Future Land Use Element - This petition is consistent with the FLUE because it proposes commercial uses of land within an "activity center" designated area. ActMty Centers do not include any consideration relative to a distribution of authorized uses in an "activity center" or otherwise addresses intensity of commercial land uses (i.e. square footage per acre or other land area ratios). As structured this petition is consistent with the FLUE. Traffic Circulation Element - The proposed development will generate approximately 1,789 trips on a weekday after trip adjustments for "Pass-by" traffic and subtracting the mount of traffic that could be generated by the existing 3 acres of C-2 zoned property. Based on this data, the site generated traffic will not exceed the significance test standard (5 percent of the LOS "C" design volume) on US-41. In addition, this project ,.','ill not lower the level of sen'ice below any adopted LOS "D" standard within the project's radius of development influence (RDI). Therefore, the project is consistent with Policy 5.1 and 5.2 of the Traffic Circulation Element (TCE). segment of US-41 from Wiggins Pass Road to Immokalee Road ~sa4 The TCE lists this road fronting the project. The current traffic count for this road is 41,746 ADT which remits in ~ SEP 1 6 1997 / "F" operation. As a result, this road segment is currently deficient. This segment is scheduled to be improved to a 6 lane facility by 1999, at which time the level of sen'ice will be improved to acceptable levels. Therefore. this petition complies with Policy 1.3 and 1.4 of the ICE. Since U.S. 41 is a State highway we cannot be sure that thc highway will be improved until an actual contract is let for said improvements..Nonetheless, a literal application of TCE policies advises that this petition is consistent with the TC£ and therefore, we are required to make a finding ofconsistency. Conservation and Open Space - Industrial and com~nercial developments are required to retain thirty (30) percent of their land area as open space. Typically, an initial reservation of land is calculated based on the presence of wetlands that are presen'ed, landscape buffers, and water management requirements. Yhe PUD Master Pla sets aside 36.5% of the land for qualifying open space, and is dtereforc consistent with conscr,.'ation and open space elements. With respect to lands that need to be set aside as preserves these boundaries are more definitively reviewed at subsequently required approval stages. Water. Sewer and Storm Water .ManaRemcnt - The subject properly is sen'ed by the County's sewer system and water system. The project will be designed according to LDC requirements ~or storm water management. During the site development plan approval process the project will be required to be consistent with al! relevant provisions of the LDC. H ISTORIC/AP. CIIA EOI.OGICAI. IMPACT: Staffs analysis indicates that the petitioner's property is located outside an area of historical and archaeological probability as referenced on the official Collier Count>' Probability Map. Therefore. no Historical/Archaeological Sur-.'ey and Assessment is required. EVAI.U.*TION FOR ENVIRONMENTAL, TRANSPORTATION AND INFRASTRUCTURE: The subject petition has been reviewed by the appropriate staffresponsible for oversight related to the above referenced areas of critical concern. This primarily includes a review by the Community Development environmental and engineering staff, and the Transportation Services Department staff. This petition was reviewed by the EAB on August 6, 1997. Their recommendations are included in the Development commitments section of the PUD as well as those of jurisdictional staff. ANALYSIS: Staff completed a comprehensive evaluation of this land use petition and the criteria on which a favorable determination must be based. This evaluation is intended to provide an objective comprehensive overview of the impact of the proposed land use change, be they positive or negative, culminating in a staffrecommendation based on that comprehensive overview. The listed criteria are specifically noted in Section 2.7.2.5 and 2.7.3.2.5 of the Land Development Code thus requiring staff evaluation and comment, and shall be used as the basis for a recommendation of approval or denial by the Planning Commission to the Board of County Commissioners. Each of the potential impacts or considerations identi fled during the staff review are listed under each of the criteria noted, and are categorized as either pro or con, whichever the case may be. Staff review of each of followed by a surm'nary conclusion culminating ina determination of compliance, non!comp~.?~ 3 : ~ SEPl6 1991 ! compliance with mitigation. These evaluations are completed as separate documents and are attached to lhe staff report. Appropriate evaluation of petitions for rczoning should establish a factual basis for supportive action by appointed and elected decision makers. Thc evaluation by professional staff should typically include an analysis of the petition's relationship to the community's future use plan, and whether or not a rczoning action would be consistent v,'ith the Collier County Grov,~h Management Plan all of its relaled clemen',s. Other evaluation considerations should include an assessment of adequacy of transportation, infrastructure ( i.e., sewer, ',vater, storm drainage and private utilities and other infrastructure (i.e. community facilities and services) and compatibility with adjacent land uses, a consideration usually, dealt with as a facet of analyzing the relationship of the rezoning action to the long range plan for future land uses. Relationship lo Future and Existine Land t.'se, - A discussion of this relationship, as it applies specifically to Collier County's legal basis for land use planning, refers to the relationship of the proposed zoning action to the Future Land Use Element of the Collier County Grow'th Management Plan. By virtue of ils FLUE relationship lhe land ma.',' be rezoned for commercial uses. Currently, tile most southerly portion of tile property, approximately three (3) acres is zoned C-2 Commercial. leaving thc corner six (6) acres more or less zoned "A" Rural ,Agricultural. The other three comers of U.S. 41 and Wiggins Pass Road are zoned commercial, and in the case of the S.W. and N.E. comers are commercially dc;'eloped. Immediately to the east of this proper~y is a mobile home park. Other mobile home park development characterizes development along \Viggins Pass Road bet~veen U.S. 41 and the Ka'ehling Cement products manufacturing facility. A great deal of heavy truck volume impacts property' along Wiggins Pass Road and particularly, the N.E. and S.E. comers. Clearly, in the opinion of staff tile subject property is not suitable for any type of residential use. On Ire other hand with appropriate buffering, commercial development of all of the subject property as intended will not further erode living conditions for residents of the nearby, mobile home parks. In view of the impacts that affect this property, staff concludes that a commercial use of the property is the only reasonable use of the land. The t'oe of commercial uses proposed are eenerallv consistent with C-4 uses and one C-5 use. namely, mini-warehousine. In the opinion ofstaffthe uses proposed are those appropriate for this type of location. In the opinion ofstaffthe property can not be feasibly used for local services (i.e. neighborhood business types of uses). Those uses which depend upon a regional market are the most likely to succeed and include those proposed. It should be noted that a mini- warehouse development, if one is proposed, may only locate on the most easterly portion of the site with no frontage on U.S. 41 N. This is in response to a development strategy which encourages the use of property that fronts U.S. 41 with buildings that have more architectural significance. Traffic - Analysis for consistency with TCE policies advised that this project ,,','ill not have a significant impact as measured by TCE policies and, is therefore, technically consistent. The trips generated by this petition will not exceed 5 percent of the LOS "C" design capacity within the projects P,.DI. Furthermore, the site generated trips will not create a concurrency problem because the project trips don't lower the overall road capacity below any adopted LOS "D" standard. The proposed rezone ',,,'ill not create or excessively increase traffic congestion within the projects RDI and complies with Policies 1.3, 5.1, 5.2, 7.3 and 7.4 of the TCE. SEP 1 ~ 1997 Access to thc property is intended from U.S. 41 N. and \Viggins Pass Road. Access from U.S. 41 is controlled by the FDOT. and a precondition of any approval allowing a connection with U.S. 41 ',,.'ill require submission of an FDOT permit or intent to issue a permit. Turn lanes requirements fall within the purvicw of FDOT. With respect to Wiggins Pass Road we are advised that this road is not a Count.'.' maintained road and the ability to access this road will have to be demonstrated prior to any Site Dcvclopment Plan and Plat approval. An appropriate stipulation to this effect should be added to the PUD together with requirements to provide turning lanes as requested by Collier County at the time of SDP approval and to require consistency with the County's Access Management Plan. Utility infrastructure (i.e. Sewer, Water Slorm Water} - Development occurring at this property, will be connected to the County's sev.'er and water distribution system, evidence which further attests to the timeliness of development of property. All development must comply with surface water management requirements invoked at the time of subdMding or for approval of SDP's whichever first occurs. Water management planning, is however, already reflected on the master plan for the entire site. Community Services Support Facilities - Both fire. police and other emergency sen'ices can be readily provided from the appropriate provider jurisdiction. The North Naples Fire District has a fire station on \"anderbilt Drive a distance of approximately two (2) miles. .Master P',an and PUD Development Standards: Master Plan - The master plan illustrates Land Development Code requirements relative to landscape buffers and water management. The Plan also sets aside as preserve areas those lands which qualify as jurisdictional v,'etlands. A private internal street system with a connection to U.S. al N. and Wiggins Pass Road is an appropriate system in the event the property is to be subdivided into five (5) development tracts as proposed. The need for an internal private street may not be necessats' should the property be developed as a shopping center, in which case driveway easements may characterize on-site circulation rights-of-v,'ay. Development Standards - The development standards are similar to those of the C-4 zoning district which most closely characterizes the uses authorized by this PUD. Building heights are limited to fifty (50) feet on the U.S. 41 fronting property, and thirty-five (35) feet on Tract E considering its contiguous relationship to the mobile home park along the east property line. With respect to LDC provisions having general applicability (i.e. parking, landscaping, signs and architectural standards) these all apply to this PUD. STAFF RECOMMENDATION: That the Collier County Planning Commission (CCPC) recommends approval of Petition PUD-97-6, having the effect of rezoning certain land to the Planned Unit Development district and that the PUD SEP 1 6 1997' document and master plan except as herein modified be approved as exhibits to the Ordinance of Adoption. RONALD F. NINO, AICP CHIEF PLAN:'NER REVIE\VED BY: ROBERT J. MULHERE. AICP CU~R-RENT PLANN~'G MANAGER DONALD W. ARNOkD. AICP PL~N~'~G SERVICES, DEP~TMENT DI~CTOR ~CENT A. CAUTERO. ADMINIST~TOR COMMU~'ITY DEV. AND ENWIRON~ENTAL SVCS. Petition Number: PL'D-97-6 Staff Report for , 1997 CCPC meeting. COLLIER COU:'N"TY PLAN:~ COMMISSION: MICHAEL A. DAVIS, CHAIRMAN PUD-97-6 STAFF REPORT/md / DATE DATE / ~ 7 DATE DATE I $EP16 1997 FINDINGS FOR PUD PUD-97-6 (U.S. 41/WIGGINS PASS ROAD) Section 2.7.3.2.5 of the Collier County Land Development Code requires the Planning Commission to make a finding as to the PUD Master Plans' compliance with the following criteria: The suitability of the area for the t3.'pe and pattern of development proposed in relation to physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer, water, and other utilities. pro: (i) Development of the subject site at this time represents an intensifying of land development patterns in the area v.'hich produces economies of scale relative to maximizing existing public facilities and sen'ices which are currently available to the area. (ii} Access is optimal because of its direct frontage on U.S. 41. (/ii) The Future Land Use Element of the GMP designates the subject property as part of the land that makes up an "activity center" a policy that for all practical purposes provides for commercial development. This is an implicit statement of suitability for type and pattern of development. (is') Analysis supports suitability of development in relation to physical characteristics of the land, surrounding areas, drainage, sewer, water and other utilities. Con: (i) U.S. 41 now functions at an unacceptable level of service. Finding: Jurisdictional reviews by County staff' support the manner and pattern of development proposed for the subject property. Development conditions contained in the PUD document give assurance that all infrastructure will be developed and be consistent with County regulations. Any inadequacies which require supplementing the PUD document will be recommended to the Board of County Corm'nissioners as conditions of approval by staff. Recommended mitigation measures will assure compliance with Level of Sen, ice relationships as prescribed by the Growth Management Plan including a provision for phasing development to the time that U.S. 41 is six lane& Adequacy of evidence of unified control and suitability of any proposed agreements, contract, or other instruments, or for amendments in those proposal, ~r,r",2:.::!"rl,e as they ma',' relate to arrangements or provisions to be made fo the gang.) / / SEP16 1997 / 4 operation and maintenance of such .areas and facilities that are not to be provided or maintained at public expense. Pro/Con: Evaluation not applicable. Finding: Documents submitted with the application provide evidence of unified control. 1'he PUD document makes appropriate provisions for continuing operation and maintenance of common areas. Conformity of the proposed Planned Unit Development with the goals, objectives and policies of the Growth Management Plan. Pro: The development strategy for the subject propenT is entirely consistent with thc goals objectives and policies of the GMP as conditioned for project phasing. Con: None. FindingiThe subject petition has been found consistent with the goals, objectives and policies of,,he Groxxqh *lanagemem Plan. A more detailed description of this conformiD' is addressed in the Staff Report. The internal and external compatibilit).' of proposed uses, which conditions may include restrictions on location of improvements, restrictions on design, and buffering and screening requirements. Pro: (i) External compatibiliD' is enhanced by LDC required buffer landscaped areas. The subject petition commits to limiting the use of property adjacent to mobile home development for a relatively passive use of land in the form of a mini-warehouse. Con: (i) Residents of the area lying east of U.S. 41/Wiggins Pass Road may perceive commercial development and its impact on traffic at the U.S. 41 intersection in a negative manner. Finding:The PUD Master Plan has been designed to optimize internal land use relationship through the use of various forms of open space separation. External relationships are automatically regulated by the Land Development Code to assure harmonious relationships between projects. The adequacy of usable open space areas in existence and as proposed to sera'e the development. Pro/Co,: "*' SEP 16 Evaluation not applicable. 2 ,.,. /..q Finding: The amount of open space set aside by this project is greater then the provisions of the Land Development Code. The timing or sequence of development for the purpose of assuring the ndequa~' of available improvements and facilities, both public and private. Pro/Con: Evaluation not applicable. Finding: Timing or sequence of development in light of concurrency requirements is not a significant problem. See findin~ No. I. also applicable for this finding. The ability' of the subject propert3., and of surrounding areas to accommodate expansion. Pro/Con: Evaluation not applicable. Finding.' A finding of ability to accommodate expansion or development when consistent with the FkUE to the GMP and adequacy of infrastructure generally supports a rezoning action. Conformip,' with PUD regulations, or as to desirable modifications of such regulations in the particular case, based on determination that such modifications are justified as meeting public purposes to a degree at least equivalent to literal application of such regulations. ProlCon: Evaluation not applicable. Finding: This finding essentially requires an evaluation of the extent to which development standards proposed for this PUD depart from development standards that would be required for the most similar conventional zoning district. The development standards in this PUD are similar to those standards that apply to the C-4 zoning district except that the height of buildings is more restrictive. FI'NDFNGS FOR PUD-97-7/md REZONE FINDINGS PETITION PUD-97-6 (U.S. 410,VIGGINS PASS ROAD) Section 2.7.2.5. of the Collier County Land Development Code requires that thc report and recommendations of thc Planning Commission to thc Board of County Commissioncra shall show that thc Planning Commission has studied and considered thc proposed change in relation to the following, where applicable: Whether the proposed change will be consistent with the goals, objectives, and policies and Future Land Use Map and the elements of the Growth Management Plan. Pro/Con: Evaluation not applicable. Summam' Findings: The proposed change will be consistent with the goals, objectives. and policies and Future Land Use Map and the elements of the Growth Management Plan. The property is located within a designated "activity center" and therefore qualifies for rezoning as proposed. 2. The existing land use pattern; Pro/Con: Evaluation not applicable. Existing: The land is vacant and zoned "A" Rural Agricultural and C-2 Commercial Convenience District. Surrounding: North East - South - West - The land is developed with a gas station/dry cleaning establishment and a mobile home park. The property is zoned C-4 and MH. The land is developed as a mobile home park and is zoned MH. The land is vacant and developed with mobile homes and is zoned C-2 and MH. To the west lies U.S. 41 lq. right-of-way while further west lies the Germain Automobile Dealerships. The land is zoned PUD Commercial. The possible creation of an isolated district unrelated to adjacent and nearby districts; Pro/Con: Evaluation not applicable. SEP 1 ~ 199 ~. /~ . Summary Findines.' The parcel is ora sufficient size that it will not result in an isolated district unrelated to adjacent and nearby districts because development of the land simply implements a pan of the GMP FLUE Urban Designation, an action which is expected given that timing is appropriate. Availability of adequate infrastructure, and adjacent urban development support the timing relationship and justify the rezoning action. Whether existing district boundaries are illogically drawn in relation to existing conditions on the propert?,.' proposed for change. Pro/Con: Evaluation not applicable. Summary' Findings: The district boundaries are logically drawn, inasmuch as they come about by virtue of their consistency with the FLUE to thc GMP. Whether changed or changing conditions make the passage of the proposed amendment necessa~'. Pro/Con: Evaluation not applicable. Summarx Findings[ Thc proposed zoning change is appropriate based on the existing conditions of the property and because its relationship to the FLUE (Future Land Use Element of the GMP) is a positive one. \Vhether the proposed change will adversely influence living conditions in the neighborhood; Pro: (i) (ii) The contiguous relationship can be mitigated by appropriate buffeting. In terms of influences that may be irritating to nearby residents (i.e. noise. traffic movements, and artificial lighting) a mini-warehouse may have less impacts than high density housing, the most likely alternative. Con: (i) Any !ype of development is going to exacerbate the traffic condition at U.S. 41 and Wiggins Pass Road adding to the degree of discomfort experienced by residents along Wiggins Pass Road east of U.S. 41. Summary Findings: The proposed change will not adversely influence living conditions in the neighborhood because the recommended development standards and other conditions for approval have been promulgated and designed to ensure the least amount of adverse impact on adjacent and nearby developments. Whether the proposed change will create or excessively increase traffic congestion or create D'pes of traffic deemed incompatible with surrounding land use~, because of peak volumes or projected t2,.pes of vehicular traffic, including acfiviW dulqn~' . construction phases of the developmen~ or othe~vise affect public s~[ ~,:. ~e. ~~ SEP 1~ 1997 Pro: (i) The full impacts of dcvelopmcnt .``.'ill be delayed to thc time a commitmcnt is made to widen U.S. 41 to six lanes at which time Lc'.'els of Service '`','ill be made consistcnt with adopted LOS standards. (ii) Direct access to U.S. 41 ameliorates any dircct influence on residential properties. Con: (i) The intersection formed by Wiggins Pass Road (east) with U.S. 41 is already heavily impacted with heaxT truck traffic from the Krehling Cement Proc, ucts facility. Until intersection improvements are effectuated this condition could be additionally impacted to the inconvenience of area 'residents. Summary Findings: Evaluation of this project took into account the requirement for consistency w/th Policy 5.1 of the Traffic Element of the GMP and ,,,,'as found consistent. a statement advising that this project ,,,.'hen developed ,,.`'ill not excessively increase traffic congestion. Additionally certain traffic management system improvements are required as a condition of approval (i.e. turn Janes. traffic sibmals, dedications, etc.). In the final analysis all projects are subject to the Concurrency Management system. \\:hether the proposed change will create a drainage problem; Pro: (i) Site planning accounts for on-site drainage retention in accordance with LDC requirements. Con: (i) Urban intensification potentially can heighten the occasion for area-v.'ide flooding under the most severe rainfall event. Summary FindinEs: Every project approved in Collier County involving the utilization of land for some land use activity is scrutinized and required to mitigate all sub-surface drainage generated by developmental activities as a condition of approval. This project was reviewed for drainage relationships and design and construction plans are required to meet County standards as a condition of approval. In the event area wide deficiencies develop, which deficiencies would be further exacerbated by developing vacant land, the County is required to react through its Concurrency Management system. Whether the proposed change will seriously reduce light and air to adjacent areas; Pro/Con: Evaluation not applicable. Summar,,, Findings: All projects in Collier County are subject to the development standards that are unique to the zoning district in which it is located. These development standards and others apply generally and equally to all zoning districts (i.e. open ~aee requirement, corridor management provisions, etc.) ,.,.'ere designed to e~sure penetration and circulation of air does not adversely affect adjacent areas. 3 ~ SEPl$ lC~7 /. . I1. 12. 10. Whether the proposed change will adversely affect property values in the adjacent area; Pro: (i) Typically urban intensification increases the value of contiguous vacant land, a condition which exists on the east side of the property while two other orientations deal with similar land use, and therefore should have no detrimental effect on land value. Con: (i) Certain allowable uses may present some nuisance value by virtue of odor emissions (i.e. restaurant). Summary Findings: This is a subjective determination based upon anticipated results which may be internal or external to the subject property that can affect property values. Property valuation is affected by a host of factors including zoning, however zoning by hself may or may not affect values, since value determination by law is driven by market value. The mere fact that a property is given a new zoning desic, nation may or may not affect value. ' ' The standards in this PUD district if approved for the subject petition have been designed to minimize effects on adjacent property values. Whether the proposed change will be a deterrent to the improvement development of adjacent property in accordance with existing regulations; Pro/Con: Evaluation not applicable. or Summarx Findings: The basic premise underlying all of the development standards in the zoning division of the Land Development Code is that their sound application when combined with the administrative site development plan approval process, gives reasonable assurance that a change in zoning will not result in a deterrence to improvement or development of adjacent property. Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasting with the public welfare; Pro/Con: Evaluation not applicable. Summary Findin£s: The proposed development complies with the Growth Management Plan, a public policy statement supporting Zoning actions when they are consistent with said Comprehensive Plan. In light of this fact the proposed change does not constitute a grant of special privilege. Consistency with the FLUE is further determined to be a public welfare relationship because actions consistent with plans are in the public interest. 13. 14. 15. 16. 17. Whether there are substantial reasons why the properD. cannot be used in accordance with existing zoning; Pro/Con: Evaluation not applicable. Summar,,' Findings.' The subject property can be developed in accordance with the existing zoning, however to do so would deny this petitioner of' the opportunity to maximize the development potential of the site as made possible by its consistency reIalionship with the FLUE. Vs h.ther the change suggested is out of scale with the needs of the neighborhood or the Count)." Pro/Con: Evaluation not applicable. Summary Findini~.' The proposed development complies with the Gro~vth Management Plan, a policy statement which has evaluated the scale, density and intensity oCland uses deemed to be acceptable for this site. Whether is it impossible to find other adequate sites in the Count3.' for the proposed use in districts already permitting such use. Pro/Con: Evaluation not applicable. Summary Findings: There are many sites which are zoned to accommodate the proposed development. This is not the determining factor when evaluating the appropriateness of a rezoning decision. The determinants of zoning are consistency with all elements of the GMP, compatibility, adequacy of infrastructure and to some extent the timing of the action and all of the above criteria. The physical characteristics of the property and the degree of site alteration which would be required to make the property usable for any of the range of potential uses under the proposed zoning classification. Pro/Con: Evaluation not applicable. Summary Findings: Physical alteration is a product of developing vacant land which cannot be avoided. The impact of development on the availability, of adequate public facilities and services consistent with the levels of service adopted in the Collier County Growth Management Plan and as defined and implemented through the Collier Count).' Adequate Public Facilities Ordinance, as amended. Pro/Con: Evaluation not applicable. AG[NDA I, TE, M/ No. ~: SEP 1 tl 199i · ,,,. Summary Findings_: Staff reviews for adequacy of public services and levels of service determined that required infrastructure meets with GMP established relationships. Phasing of development will prevent further erosion of traffic Levels of Service until U.S. 41 is widened to six (6) lanes. NOTE: GMP as used hcrein means the Collier County Growth Management Plan. F_L. ~'E means the Future Land Use Element of the GMP. PUD-97-6 REZONE FEx'DEKGS/md AGEN DKATE:~ x SEP 1 0 1997 Ru~ 1~ ~? 10~S5a Kena M. Yoke 941 592 92~8 SCOTT AND KENA YOKE August 19, 1997 Mr. Pon Nho Collicr County I)twclopm~nt S~wlccs CoIli~r County Goverom~ Cemcr 2800 North Ho,-~:-.hoc .Dr~vc Naplcs, Florida 341 ~s-6436968 RE: PUD 97-6 ~ Mr. N~mo: 'l-haak you for ta'-%g tim~ to speak with me regarding thc refcxmc~ PUD, which is scheduled to start ils proozss before Cotmty government wilh ~he Phauing Co--on on Thurlday, Augus~ 21st. As you know, my concerns corec fxom owning thc prop~'y ]ocaxed st 2 Ro~ ~ ~ ~ ~ ~ abut ~c propc~y l~t~ on ~ ~e ~ ~ p~o~d lo be a n~~t ~, ~ch ~ be ~ for wst~ ~g~ ~d pr~e. If this is in faa thc case, and thc pro~ect proceeds through thc proc, c~ as outlhcd, my conch-ms would be minimal Howcvcr, if this area is rcviscd for dcvclopm~ or ifthe '~ster msaasemem" srca would b~r~om~ a 'lak~" m.nm, I w~uld su'ongly sugge~ that th~ inter.is ofthe r~sidmts in the l~oy~l Cov~ MHSD be addre~s~xl by some typ~ of fenciag for buffe~ing ~md safety r~n~ The ptojca should addrcss any l~gb~ing and sound issue~ ms ~ prior to ~ sl~rov~ Again, ~_hsnk you for taking ~ to discu~ my conocms. Sincerely, Cove Drivc ] AGEN D.'~f'F£ M '~ P.O. BOX 2789 BOA~TA SPRIGS, FLORIDA 34133 041) ~ ] $EP 1 8 1991 1 HOLE, MCNTES & ASSOCIATES, INC. Et~G~EERS PL~I.'~ERS SURVEYORS March 14, 1997 Preserving ar~ enlisting Flor~a'$ ~uat~ty o! t:~e $ '*ce t~,r.~ Mr. Ron Nino Sr. Project Planner Collier Count)' Planning Sen'ices Current Planning Department 2800 North Horseshoe Drive Naples, Florida 34104 U.S. 41fiViggins Pass Road PUD HMA File No. 95.27 Dear Mr. Nino: Please find seventeen copies of the application and supporting data, along vdth a check in the amount of $2,725.00 to cover the application and review fees for the above referenced project. This +9.08-acre site is located within an established Activity Center in the southeast comer of the intersection of U.S. 41 and Wiggins Pass Road. Current zoning consists of agricultural zoning on approximately Va of the site, with C-2 zoning on the balance ofthe property. The PUD Master Plan and Document establishes the project as a mixed-commercial center, generally conforming to permitted uses in the C-3 and C4 zoning districts. Location and Access The ±9.08-acre U.S. 41/Wiggins Pass Road PUD is located in the southeast comer of the intersection of Wiggins Pass Road and U.S. 41. The development, with access to both U.S. 41 and Wiggins Pass Road is compatible with existing zoning and land uses within the immediate and general area and is located within an established Activity Center on the Collier County Future Land Use Map. (See attached Location Map.) ]'his application proposes to rezone a ±6-acre agricultural tract and an existing :i:3-acre C-2 zoned tract to PUD land uses. Primary access to the properly is provided from a single connection onto U.S. 41. Access Management Plan for the subject Activity Center depicts two acess points o~ato U.'S~'~' $EP161997 Mr. Ron Nino, Collier County Sr. Planner U.S. 410,Viggins Pass Road PUD HMA File No. 95.27 M~rch 14, 1997 Page 2 Therefore, through consolidation of the property into one PUD, reduction in potential impacts onto U.S. 41 are achieved with the petition. Secondary access will be provided via a single connection from Wiggins Pass Road which will offer accessibility to the controlled intersection, allowing s~fe traffc movement to the south and west. The five (5) commercial parcels will be restricted to internal access only, preserving the integrity of roadway segments that abut the project. D_e_nsities and Intensities The PUD provides for of five (5) tracts with uses ranging from fast-food restaurants to a hotel. The project is in compliance with the Future Land Use Element based upon the following: The entire project falls within an Activity Center as identified on the Future Land Use Map. These sites have been designated to concentrate new commercial zoning to locations where traffic impacts can be accommodated. Activity Centers are designed to allow a full array of commercial uses as well as residential and institutional uses. Of the 40 acres that comprise this quadrant of the Activity Center, approximately 58 percent is developed residentially. Consequently, the proposed commercial project will still insure a mix of both commercial and residential uses within this quadrant of the Activity Center. The Collier Count)' Land Development Code provides for hotel/motel development within Activity Centers at a density not to exceed 26 units per acre. This project does not propose to exceed those standards. In summary, the entire project fills within an identified Activity Center, composed ora mixture of residential and commercial land uses. All proposed land uses within the PUD will be developed to the density and intensity permitted within the Future Land Use Element of the Growth Management Plan and the Land Development Code. Water Management A conceptual water management plan has been included as part of the PUD submittal. This plan, to the greatest extent practical, uses natural features and systems within the site for the retention and storage of storm waters, as well as the preservation ofexi~ing site amenities. AGENDA I~ FE,,M / .o. SEP 1 O 1997 W:',1995',95027~a, LD',RN ? 0314.DOC Mr. Ron Nino, Collier County Sr. Planner U.S. 4 IAViggins Pass Road PUD HMA File No. 95.27 March 14, 1997 Page 3 Both sewer and water sen'ice will be provided by Collier County. Formal confirmation of capacity and availability of sen'ice b-ill be a prerequisite of plan approval and the issuance ora final development order for the project, but these facilities are presently adequate to accommodate the proposed development. (See attached Utility Provisions.) Gro~lh .,Managemen~ Plan The Future Land Use Element has established factors in the consideration of zoning petitions loca~ed within the Activity Center Subdistrict. These factors and responses are as follows: The amount, t2:'pe and location of existing zoned and developed commercial uses within or in close proximiq,.' of the AcdviD' Center. Property which is currently zoned for commercial uses or contains commercial development is located in all ofthe four quadrants that make up the Wiggins Pass ActMty Center. Commercial uses, include the Germain Auto Center lo lhe west and across U.S. 41, and a convenience store to the north ofthe subject property. Several small commercial centers are also located north and south of the Activity Center on the east side of U.S. 41. The northwest quadrant ofthe Activity Center currently vacant is also zoned for commercial uses, but is presently vacant. (See attached Market Stud)' for a detailed description of land use and zoning panems.) Existing patterns of land use within close proximity of the Activity Center. Land uses to the immediate north, south and west arc primarily made up of various forms of commercial development or commercial zorfing. Land uses to the northeast and across Wiggins Pass Road are mobile homes, while land uses abutting the subject site to the east and southeast are TTRVCs and mobile homes respectively. Market demand and sen'ice area for the proposed commercial land uses to be used as a guide to explore the feasibility of the requested land use~. 9,':'~ I ~95 \9502 '/~d_D~,RN70314 .DOC A market study has been prepared and provided as part of the supplemental data for this rezoning application. The study supports the feasibility of proposed commercial uses. AG£NDA I,T£M/ , ' SEP 1 6 1997 Mr. Ron Nino, Collier County Sr. Planner U.S. 41/Wiggins Pass Road PUD HMA File No. 95.27 March 14, 1997 Page 4 4. Adequacy of infra-s~ructure, particularly road~. Sewer sen'ice and potable wa~er is currently available to the site and gill be provided by Collier County. The site has access to both U.S. 41 and Wiggins Pass Road. Resulting traffic impacts from this project represents less than a 5 percent increase in the traffic on any of the roads within the Radius of Development Impact, therefore, project impacts are not deemed significant according to the standards provided in the transportation element of the Collier Count)' Growth Management Plan. (see attached traffic study). CompatibiliD' of the proposed development with adequacy of buffering for adjoining properties. The majority of the project's boundary abuts either U.S. 41, Wiggins Pass Road or con'wnercially-zoned proper~y. The balance of the site, including portions currently zoned commercial, abut mobile home and TTRVC land uses. The PUD master plan provides for adequate buffering and screening in accordance vdth the standards established in Div. 2.4 Landscaping and Buffering of the Land Development Code. Furthermore, the development standards provided for in the PUD ordinance permit appropriate setbacks, and height limitations to assure compatibility to adjoining properties. 6. Natural or man-made constraints. The subject property is primarily comprised of uplands. No wetlands are identified on the properb' - about one acre of xeric scrub oak habitat is contained in two presen'e areas in central and southern portions of the property and comprising about 10% of the site. The balance of the 15% of the native vegetation required to be preserved on projects of less than 10 acres will be provided in enhanced landscape buffer mas as contemplated in Section 3.9.5.5.4 of the LDC. Included in the application is a vegetation asseasment and endangered species analysis. An E.I.S. exemption ia requested for the aubject property because it is below the E.I.S. threshold requirement often acrea. 7. Criteria identified in the Zoning Ordinance and other factors. The southern one third of this site is currently zoned commercial. The remaining norlhern tv,'o thirds are bordered to the west by U.S. 4 ! and the Germain Auto Center, to the north by Wiggins Pass Road and a convenience store, to the cas! and southeast by TTRVCs and mobile homes respectively. Development of mis site, as [ SEPi$ 199; I/- Mr. Ron Nino, Collier County Sr. Planner U.S. 41AViggins Pass Road PUD HMA File No. 95.27 March 14, 1997 Page 5 PUD application, rcpresenls a reasonable and logical extension of existing development patterns and zoning within the immediate and general area. In summary, the U.S. 4I/Wiggins Pass Road PUD will be similar to projects within the immediate and general area and will provide appropriate development standards to assure compatibility to adjoining properties. Ver)' truly )'ours, HOLE, MONTES AND ASSOCIATES, INC. Robert L. Duane, A.I.C.P. Planning Director P,J_ D,'dj Enclosures W:\199~027~?0~ [4.DOC SEP 1 (I 1997 .~..,7.';'" . PETITIOt~ NUMBER DATE March 25, 1997 APPLICAT ON FOR A N ~EZOt4E AND COND ONA US RE UES S PLANNED UN T D MEN E UES S COMLMUNITY DEVELOPMENT DIVISION CURRENT PLANNING l,'ame of Applicant(s) }:ark ~oo~ard, Truatee oo.w~r ,. res om ardo, P.A. Applicant's Hailing Address 801 Laurel Oak Drive, Ste. 640 City Naples State Florida Zip 3&108 Applicant's Telephone l~umber: Res.: (g&[)26I~52~Bus-: Is the applicant the owner of the subject property? Yes No X (a) If applicant is a land trust, so indicate and name beneficiaries below (b) if applicant is corporation other than a public corporation, so indicate and name officers and major stockholders below. (c) If applicant is a partnership, limited partnership or other business entity, so indicate and name principals below. (d) If applicant is an owner, indicate exactly as recorded, and list all other owners, if any. (e) If applicant is a lessee, attach copy of lease, and indicate actual owners if not indicated on the lease. (f) If applicant.is a contract purchaser, attach copy of contract, and indicate actual owner(s) name and address below. See attached land trust. (If space is inadequate, attach on separate page.) 2. I~'ame of Agent Robert Duane Firm Hole, Montes & Associates Agents ~ailing Address 715 Tenth Street South City Naples State Florida Telephone [4umber: Res.: (941) 353-4617 Bus.: 1 34102 Zip (941) 262-4617 ISEP16 1997 DETAILED LEGAL DESCRIPTION OF THE PROPERTY COVERED BY THE APPLICATION (If space is inadequate, attach on separate page. If request involves change to more than one zoning district, include separate legal description for property involved in each district. If property is odd-shaped, submit copies of survey (1" to 400' scale). THE APPLICANT IS RESPONSIBLE FOR SUPPLYING THE COP~RECT LEGAL DESCRIPTION. IF QUESTIONS ARISE CONCER~ING THE LEGAL DESCRIPTION, AN E~:GINEER'S CERTIFICATION SHALL BE REQUIRED. SECTION 15 TOWNSHIP 48 S RANGE 25 E __~ortion of the ~__~_~ of the h~ 1/i of the SU 1/& of Sect on ! To~nsh! 48S Range 25 E of Collier County Florida. (See attached legal desc~iption) Size of property :642 ft. X -_614 ft. Acres 9.08-' Address or location of subject property Located at the SE corner of che in~ersection of U.S. 41 and Ui~Kins Pass Road. Existing land elevation -'I1' Elevation 11 ' County Flood Criteria Date subject property acquired ( ) or leased ( ): day of ¥~rch , 19 87 ~ Term cf lease .yrs./mos. If, Petitioner has option to buy, indicate date of option: and date option terminates: Does property owner own contiguous property to the subject property? If so, give complete legal description of entire contiguous property. (If space is inadequate, attach on separate page). N/A THIS APPLICATION IS INTENDED TO COVER: (Check which type of petition your are requesting): X A. REZONING: PRESENT ZONINGC2/AG REQUESTED ZONING FOR Commercial & Prof~s$ional 0fcl~ PUD B. CONDITIONAL USE OF ZONING FOR 2 AGENDA ITEM. SEP 1G 997 REASON ~q~Y APPLICATION SHOULD BE APPROVED (Attach additional sheets if necessary): See proJec~ description and Justificaci0n under separate submittal. 11. 12. 13. 14. 1S PROPOSED USE PROHIBITED BY DEED RESTRICTIONS? Yes X No IF YES, PROVIDE COPY OF THE DEED RESTICTIONS. IS THIS REQUEST A RESULT OF A VIOLATION? WHOM WAS THE NOTICE SERVED? No IF SO, TO HAS A PUBLIC HEARING BEEN HELD ON THIS PROPERTY WITHIN THE LAST YEAR? IF SO, IN WHOSE NAME? N/A ARE THERE EXISTING STRUCTURES ON THE PROPERTY? N9 CBS , FgA3~E , MOBILE HOME ., OTHER TYPE: AFFIDAVIT We, b:ark J. ~:oodward, Trustee being first duly sworn, depose and say that I am are the owners of the property described herein and %'hich is the subject matter of the proposed hearing; that all the ans%'ers to the questions in this application, and all sketches, data, and other supplementary matter attached to and made a part of this application, are honest and true to the best of our knowledge and belief. I understand this application must be completed and accurate before a hearing can be advertised~ I furthe~ permit the undersigned to act as our representative in an}' matters regarding this Petition. SIGI,'ATURE OF OWNER SIGNATURE OF OWNER SIGNATURE OF AGENT State of Florida County of Collier .~.~j~.he foregoing Application was ackngwledgfd~bef.o~e me this .day__o_f /~ ~)~ ~-/~ ~/~/~, 3=~9~ by ,./~.c¢~/J ~c. ~'~.~ ~z~ who ~s~onally %no~ to--or who has produced ~ -~s identification and who did (did not) take a~ oath. ~ '~ ~%': ~/~F~ ~//~ .~, (Signature of Notary Public) S~L (Print Name of NotarqN~A~['~f~[~ml)A J NOTARY PUBLIC J co~5~oN ~ ccu~ / . My Co~ission Expire : J '~ } SEP 18 199 ~ZONE/CU ~LICATIONJmdJ7 J27 Jg2 3 U107@I~25 P:3i I'/.,R -:~ fi! Z. q5 '.~'~ ----' - This Warranty Deed ~ade and e~ecuted thlJ ~ day of ~/'~_...~ , 19~ by Elvin ~o~nsend, a ~ person, hereinafter called the Grantor, to P. ark J. ~oo~ar8 as Trustee, ~'ho~e pest office address Is Post Office Box ~, Karco lSlan~, Florida 3293~, hereinafter called the Grantee: (Whenever used herein the terms 'Grantor' and "Grantee' include all the pazttes to this instrument and the heirs, legal representatives and assigns o[ Individuals, and the successors and assigns ~f corporations}. WITN£$£ETE: that the Grantor, for and in ccn$idetation of the s~ of Sl0.00 and other good and valuable consideration, receipt of which is hereby acknovle~ged, by these presents does grant, bargain, sell, alien, remise, release, convey and confirm unto th~ Grantee, all that certain land situate, lying and being in the Stare of rlo:ida, to vii: See Attached Exhibit "A" Together with all the tenements, heredltament$ and appurtenances thereto belonging ot any wise appertaining. To have and to hold the same in fee simple forever. The Grantor hereby covenants ~ith said Grantee that Grantor is la~fully seized of said land in fee simple; that Grantor has goo~ ~ight and la~ful authority to sell and convey said land; that Grantor hereby fully wat~ant$ the title to said land and ~ill defend the same against the la~ful cla!z$ of all persons vhomsoever: and that said land is free of all encu:brances except restrictions and easements coaT. on to the subdivision, outstanding oil, gas, and mineral interests of record, if any, and a~ valorem real estate taxes for the current year. in witness vhereof the said Granter has set Grantor's hand and seal the day and year firs: above ~ritten. Signed, sealed and delivered in our presence: STATE OF FLORIDA. COUNTY OF~~ I Re~eb7 certify that on this ~ay before me, an offlce~ duly qualified to take acknowledgment $, personal~y apda:e4 'Townsend tO me known to be the Grantor described In and that he executed the ~ame. r-~ CD c~' AGIrNDA/Tf~ \ SEP 1 6 1997 Witness ay hand and o~f~al s~al in the County and State {g~_~I,) Ky com[ss[on expizes: This instrument ~'DCTOD(~ B.I~ - ..... G. Ca,son ~c~achern~ Esquire .. .... o c:~ ~ r~ -2- AGENDA ~T~' ~ SEP 1 8 1997 PROPERTY DESCRIPTION A PARCEL OF LAND LOCATED IN THE SOUTHWEST QUARTER OF SEC~ON' TO¥,%'SHIP 48 SOUTH, RANGE 25 EAST, COLLIER, COUNTY FLORIDA, BEING )JORE PAR~CULARLY DESCRIBED AS FOLLOWS: COP,~,ENCE AT THE NOR"FrOSt'ST CORNER OF THE SOUTHWEST QUARTER OF SECTION 15, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLUER COUNTY, FLORIDA; THENCE RUN SOUTH 89'55'05' EAST, ALONG THE NORTH LINE . OF THE SOUTHWEST QUARTER OF SAID SECTION 15, FOR A DISTANCE OF 14.59 FEET TO A POINT ON THE EASTERLY RIGHT-OF-WAY LJNE OF STATE ROAD NO. ¢5 (TAMIAMI T'P,,AIL), A 200.00 FOOT RIGHT-OF-WAY. AS THE SAME IS SHOW%I ON THE STATE OF FLORIDA, DEPARTMENT OF TR. 4, NSPORTAT~ON, RIGHT-OF-WAY MAP FOR STATE ROAD NO. 45, COLUER COUNTY, SEC~ON 03910-2519, SHEET 2; THENCE RUN SOUTH 01'00'.30" EAST, /..LONG THE EASTERLY RIGHT-OF-WAY UNE OF STATE ROAD NO. 45 (TA:qlA~,I TRAIL), FOR A DISTANCE OF 30.01 FEET TO A POINT 30.00 FEET SOUTHERLY OF, AS MEASURED AT RIGHT ANGLES TO, THE NORTH LINE OF THE SOUTH~ST QUARTER OF SAID SECTION 15, THE SAME BEING A PO;NT ON THE SOUTHERLY BOUNDARY OF ~ 60.00 FOOT ROADWAY EASEMENT ('6'~GGi~','S PASS RD.) AND THE P___Q[NT Or,' BEGINNING OF THE PARCE3. OF LAND HEREIN DESCRIBED; THENCE RUN S. 89'55'05' E., PARA! ~¢,TH TH:_ ,NORTH LINE OF THE SOUTH~ST O'jARTER OF SAID SECTION 15 AND ALONG THE SOUTHERLY BOUNDARY OF, SAID ROADWAY EASE]~ENT, FOR A DISTANCE OF' 6~8.12 F-r_ET TO A POINT ON THE EAST LINE OF THE NORTHW~ST QUARTER OF THE 'NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 15; THENCE RUN S. 00'40'19". F_., ALONG ,'-HE EAST LINE Or,- THE NORTHWEST QUARTE]R OF THE NORTHWE:ST QUARTER OF TrlE SOUTH~'r~ST QUARTER OF SAID SECTION 15, FOR A DISTANCE OF 642.44 rmEET TO THE SOUTHEAST CORNER OF THE NORTHWEST QUARTER T~E NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SA~D SE:CTION 15; THENCE RUN N. 89'55'52' W., ALONG THE SOUTH LINE O~ THE NORT'HW~ST QUARTER OF THE NORTH~ST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 15, FOR A DISTANCE: OF 614.34 .FEET TO POINT ON THE EASTERLY RIGHT-OF-WAY UN~. OF STATE ROAD NO. 45 (TAMIAP;,I ~-RAIL); THENCE RUN N. 01~30'30' W., ALONG THE EASTERLY RiGHT-OF-WAY UNE OF STATE ROAD NO. 45 (TAJ,(IA~I TRAIL) FOR A DISTANCE OF 642..82 FEET. TO THE _POINT OF BEGINNING: CONTAINING 9.0B9 ACRES, MORE OR LESS. t AG[ N DA,4T~:.~. ~ LIST OF BEN]~FICIARIF~ The beneficiaries of the Tr~$t wherein Mark J. Woodward as Trustee, and as Trustee is applying to vacate a right-of-way on a portion of State Road ~45, located at Section 15, SW 1/4 Township 48 $ Range 25 E, are as Southern Gulf Properties, Inc. Johannes Becket ORDINANCE NO. 97- A:i ORDINANCE AM£NDING DP. DiNAr:CB NU:/.:.ER 91-102 TH-2 COLLIER COUNTY LAND DEVELOP:{£NT CODE WHICH INCLUD£S THE COMPREHENSIVE ZO:~I~:G REGULATIONS FOR ?HE UNI~;CORPORATED AREA O}' COLLIER COUNTY, FLORIDA BY ;-.'<ENDI::G THE OFFICIAL ZO::ING ATLAS RAP NU,M:-E~ 8515S; BY CKANGiNG TF.E ZONING CLASSiFICATiO:Z OF THE HEREIN DESCRIBED REAL PROPERTY FROM 'C-2" and "A" TO "PUD" PLA~;NED UNIT DEVELOPME.~;T K2.~O%~ AS U.S. 41/'AIGGINS PASS ROAD PUD FOR CO.-~2~.ERCIAL AND PROFESSIONAL OFFICES FOR PROPERTY LOCATED ON THE SOUTHEAST CORNER OF U.S. 41 AND WIGGINS PASS ROAD, LOCATED IN SECTION 15, TOWNSHIP 48 SOUTH, RANG£ 25 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 9.0~ ACRES MORE OR LESS; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, R~bert Duane of Ho!e, Xonte~ & Associates, re~:esentln~ mark Woodward, Trustee, pelitloned the ~oard cf Ccun%y Ccrmisslcners to ckange %ke z~ning classtficatlcn of herein desrrihed re31 NC>~, ?HEREFTRE 5E iT ORDAINED ky the 5card cf County Ccrmis$isners cf Collier Csunty, ~icrida: SECTiCN CNE: Tke zcnin~ c!assifisa~icn cf the herein descrlhed rea! proper~y lcca=e~ in Section 15, Township 4~ South, Range 2~ Collier C~unty, Florida, is change~ from "C-2 and "A" to Planned Unit ~evelopment in ac¢orCance with the U.S. 41/Wiggins Pass Road ?UD Dcc~ezt, a=tached hereto as Exhibi: 'A' and incorporated by reference herein. The Official Zoning Atlas Map Nur~er S5!ES, as described in Ordinance }:umber 91-102, the Collier Councy Land Development Code, is hereby amended accordingly. SECTION TWO: This Ordinance shall become effective upon filing with %he Department of State. PASSED ~:D DULY ~OPTED by the Bs&rd of County of Collier County, Florida, this ~ day of 1997. BO~2, D OF CO~TY COLLIER CO~TY, FLORIDA ATTEST: DWIGHT E. BROCK, CLERK BY: TIMOTHY L. APPROVED A.S ~JID LEG~-~' SUFFiCi'--NCY ~RJORIE M. STUDENT ASSiST~2;T CC~;TY ATiO~Y -2- SEP 1 8 1997 , P,-~,.~' . U.S. 41/WIGGINS PASS ROAD PLANNED UNIT DEVELOPMENT Prepared for: lXlark Woodward, Trustee Prepared by: tlole, Montes and Associates, Inc. 715 Tenth Street South Naples, FL 34102 (941) 262 4617 HMA File No. 95.27 M~ch, 1997 Date Filed: Date Review by CCPC: Date Approved by BCC: Ordinance No: AG£NDA JT(M,, SEP 1 ~ 1997 ~.~D TABLE OF CONTENTS I. STATEMENT OF COMPLIANCE ..................................................................................... II PROPERTY O\k'NERSHIP, LEGAL DESCRIPTION AND SHORT TITLE, AND L~IFIED CONTROL ................................................................................................ 2 Ill STATEMENT OF INTENT AND PROJECT DESCRIPTION .......................................... 3 IV GENERAL DEVELOPMENT REGULATIONS ........................................................ 4 V TP~\NSPORTATION REQUIREMENTS ....................................................................... 9 VI ENVIRONMENTAL STANDARDS ................................................................................ I0 VII ENGINEERING AND UTILITIES REQUIREMENTS ................................................... 11 VIII \VATER MANAGEMENT REQUIREMENTS ................................................................ 17 LIST OF EXHIBITS EXHIBIT A. - CONCEPTUAL PUD MASTER PLAN SECTION 1 STATEMENT OF COMPLIANCE The development of 9.08 acres of property in Section 15, Township 48 South, Range 25 East, as a Planned Unit Development, to be 'knox~-n as the U.S. 4 I/Wiggins Pass Road Planned Unit Development, is in compliance with the planning goals and objectives of the Collier County Grox~h Management Plan based upon the following reasons: 1.1 The subject property is located in an area identified as an Activity Center in the Future Land Use Element of the Growth Management Plan for Collier County. 1.2 Activity Centers are the designated locations for the concentration of new commercial and mixed use development activities to avoid strip and disorganized patterns of commercial development. 1.3 The project development is planned to incorporate natural systems, existing and manmade, for water management in accordance with their natural functions and capabilit es 1.4 Provisions are included in the project to minimize the number of ingress and egress points onto U.S. 41. 1.5 The project shall be in compliance with all applicable County regulations including the Growth Management Plan. 1.6 The project will be sen'ed by a complete range ofserx'ices and utilities as approved by the County. 1.7 The project is compatible with adjacent land uses through the internal arrangement of structures, the placement of land use buffers, and the proposed development standards contained herein. 1.8 The Planned Unit Development includes open spaces and natural features which are preserved from future development in order to enhance their natural functions and to serve as a project amenity. 1.9 All final local Development Orders for this project are subject to the Collier Count>' Concurrency Management System, as implemented by the Adequate Public Facilities Ordinance. !-1 AG£t~ DA,4TI[M,, ' SEP 1 $1997 SECTION II PROPERTY OW'NERSHIP, LEGAL DESCRIPTION AND SHORT TITLE AND UNIFIED CONTROL 2.1 Property Ownership The subject properly is under the ownership of: Mr. Mark/l'oodward, Trustee Woodward, Pires 8,: Lombardo 801 Laurel Oak Drive, ste. 640 Naples, Florida 34108 ,Lez d_12m;simio A portion of the NW 1/4 ofthe Nit,' I/4 ofthe SW I/4 of Section 15, Township 48S Range 25 E of Collier County Florida. 2.3 Shor~ Title This Ordinance shall be 'known and cited as the "U.S. 41/Wiggins Pass Road Planned Unit Development Ordinance". 2.4 Statement of Unified Control It is the intent of Mark Woodward, Trustee, to establish a Planned Unit Development on 9.08 acres in Section 15, Township 48 South, Range 25 East, Collier County, Florida. The subject property is under unified control and ownership for the purpose of obtaining PUD zoning. 2-I · ~~. SEP 1 1997 SECTION III STATEMENT OF INTENT AND PROJECT DESCRIPTION 3.1 3.2 It is the intent of the developer to establish a Planned Unit Development meeting the requirements as set forth in the Collier County Land Development Code (LDC). The purpose of this document is to set forth guidelines for the future development of the project that meet accepted planning principles and practices, and to implement the Collier County Grox~xh Managemen! Plan. The project is comprised of about 9 acres and is located at the southeast comer of the intersection of \Viggins Pass Road and U.S. 41 in Section 15, Township 48 South, Range 25 East. Access to the project is provided by a single connection on U.S. 41 and Wiggins Pass Road, which will provide internal access to the five (5) tracts which make up the project. The project is intended to support a selected range of commercial uses and professional sen'ices to the surrounding community. Land Use Plan and Project Phasing The PUD blaster Plan contains a total of five (5) tracts consisting of open space. water management features, development areas and street right-of-way. The Master Plan is designed to be flexible with the placement of buildings, related utilities and water management facilities to be determined at the time of site development plan and permitting approval, based on compliance with all applicable requirements of this ordinance, LDC and local, state and federal permitting requirements. All tracts may be combined or developed separately subject to compliance with the applicable dimensional requirements contained within this document. Final lot configuration will be determined during the Preliminary Subdivision Plat review process. The anticipated time of build-out of the project is approximately six (6) 3'ears from the time of issuance, of the first building permit. AGE N DA~T~:M,'..~ SEP 1 6 1997 SECTION IV GENERAL DEVELOPMENT REGULATIONS The purpose of this Section is to set forth the development regulations to be applied to the development and use of the U.S. 41/Wiggins Pass Road Planned Unit Development and Master Plan. .q .ac. al The following are general provisions applicable to the PUD Master Plan: A. Regulations for development of the U.S. 4 l/Wiggins Pass Road Planned Unit Development shall be in accordance with the contents of this document, the PUD- Planned Unit Development District and other applicable sections and parts o£the Collier County LDC in effect at the time of building permit application. Should fl~ese regulations fail to provide specific developmental standards, then the provisions of the most similar zoning district in the Collier County LDC shall apply. Unless otherwise noted, the definitions of all terms shall be the same as the definitions set forth in the LDC in effect at the time ofbuilding permit application. All conditions imposed and all graphic material presented depicting restrictions for the development of the U.S. 41/Wiggins Pass Road Planned Unit Development shall become part of the regulations which govern the manner in which this site ma)' be developed. All tracts identified on the PUD Master Plan may be used for water management purposes and parking. Eo Development permitted by the approval of this petition wSll be subject to a concurrency review under the provisions of the Adequate Public Facilities Ordinance No. 90-24 at the earliest or next to occur of either final SDP approval, final plat approval, or building permit issuance applicable to this development. 4.2 Site Clearing and Drainage Clearing, grading, earthwork, and site drainage work shall be performed in accordance with the Collier County LDC and the standards and commitments of this document at the time of construction plan approval. AG£NDA ,R'I~M~ · Plo. ~ SEP 1 1997' 4-1 4.3 4.4 4.6 4.5 Easements, where required, shall be provided for water management areas, utilities and other purposes as may be required by Collier Count)'. All necessary easements, dedications or other instruments shall be granted to ensure the continued operation and maintenance of all services and utilities to insure compliance with applicable regulations in effect at the time, construction plans and plat approvals are requested. Amendments to this Ordinance and Master Plan shall be pursuant to Section 2.7.3.5 of the Collier County LDC, at the time the amendment is requested. Attachment "A", PUD Master Plan, constitutes the required PUD Development Plan. Subsequent to, or concurrent with, PUD approval, a Preliminary Subdivision Plat shall be submitted for the entire area covered by the PUD Master Plan. Ail division ofproperty and the development of the land shall be in compliance with the subdivision regulations .~:et forth in Section 3.2 ofthe LDC. Prior to recording of the final subdivision plat, when required by the Subdivision Regulations set forth in Section 3.2 of the LDC, final plans of the required improvements shall receive the approval of all appropriate Collier County governmental agencies to ensure compliance with the PUD Master Plan, the County Subdivision Regulations and the platting laws of the State of Florida. Prior to the issuance ora building permit or other development orders, the provisions of Section 3.3, Site Development Plans shall be applied to all planed parcels. Provision for Offsite Removal of Earthen Material The excavation of earthen material and its stockpiling in preparation of water management facilities or to otherwise develop water bodies is hereby permitted. If, aftex consideration of fill activities on buildable portions ofthe project site, thexe is a stuplus of earthen material, offsite disposal is also hereby pertained subject to the folkm~g conditions: Ao Excavation activities shall comply with the definition ofa 'Deveiolmm~ Excavation" pursuant to Section 3.5.5.1.3 of the LDC, ~herelD- off..4te remov'~l shall not exceed ten (10) percent of the total volume excavated up to a amx.kuum of 20,000 cubic yards. 4-2 B. A timetable to facilitate said removal shall be submitted to the Development Services' Manager for approval. Said timetable shall include the length of time it will take to complete said removal, hours of operation and haul routes. C. All other provisions of Section 3.5 of the LDC are applicable. 4.7 Sunset amL~onitoring Provisions The U.S. 4 lfWigglns Pass Road PUD shall be subject to Section 2.7.3.4 of the LDC. time limits for approved PUD Master Plans and Section 2.7.3.6 Monitoring Requirements. An)' community recreation/public building/public room or similar common facility located within the U.S. 41/Wiggins Pass Road PUD ma)' be used fora polling place, if determined necessaD' by the Board of County Commissioners in accordance with Section 2.6.30 of the LDC. 4.9 Native Vegetation Retention Requirements Pursuant to Section 3.9.5.5.4 of the LDC, 15% of the native vegetation shall be presen'ed or provided for in landscape buffer areas. About one (1) acre ofpresen'e area will be retained outside landscape buffer areas as depicted on the PUD Master Plan. 4.10 Common Area Maintenance Common Area Maintenance, including the maintenance of common facilities, open spaces and the water management facilities shall be the responsibility of the owners' association, together with any applicable permits and conditions from applicable local. State, or Federal permining agencies. 4.11 kandscaping Requirements All landscaping requirements, buffer~, galls, berms, etc. shall be developed in conformance with requirements of Division 2.4 of the Collier County LDC pertaining to landscaping and buffering; however, landscaping shall be installed along the rear property line to a minimum height of eight (8) feet prior to the issuance of the First Certificate of Occupancy. 4.12 O~n Space and Common Areas The PUD Master Plan identifies approximately two and ninety-five one hundreds (2.95) acres of buffering, water management areas and preservation. This area satisfies the open space requirements of Article 2, Division 2.6, Section 2.6.27 and Section 2.6.".,2 Coliier County LDC. / SEp16 1997 4- 3 / 4.13 ~ As provided for within Section 2.5, Signs ofthe Collier Count)' LDC. 4.14 Architectural Control All site and building design shall conform to the requirements of Division 2.8 of the Collier Count,,,' LDC to insure a unified architectural design and theme. 4-4 SEP 1 6 3997 SECTION V PERMITTED USES AND DIMENSIONAL STANDARDS 5.1 5.2 5.3 ~ .rpose The purpose of this Section is to identify permitted uses and development standards for areas within the U.S. 41fWiggins Pass Road PUD designated on Exhibit "A", PUD Master Plan for Tracts A, B, C, D and E. General Description Tracts A, B, C, D and E, as shown on the PUD Master Plan, are designed to accommodate a full range of principal uses, essential sen'ices and accessor)' uses. The acreage oFtracts depicted on the PUD Master Plan is based on conceptual designs and is approximate. Actual acreages of all development tracts will be provided at the time of' Preliminary Subdivision Plat submittal in accordance with Article 3, Division 3.2 of the Collier County LDC. All tracts are designed to accommodate internal roadways. open spaces, water management facilities and other similar uses. Permitted Uses and Structures No building or structure, or part thereof, shall be erected, altered or used. or land used. in whole or part, for other than the following: 1. Accounting, Auditing and Bookkeeping Ser,'ices (8721) 2. Amusements and Recreation Services - Indoor (7911-7941, 7991, 7993, 7997) 3. Apparel and Accessor7 Stores (Groups 5611-5699) 4. Automotive Dealers and Gasoline Service Stations (Groups 5511, 5531, 5541, $571, 5599 ne',',' vehicles only) 5. Automotive Rental and Repair, and Services (Groups 7.514, 7515, 7521, 753.3-7549) 6. Boat Sales &. Services (Group 3732) 7. Building Materials, Hardware and Garden Supplies (Groups 52.11-.5261) 8. Business Services (Groups 7311-7.352, 7359, except airplane, industrial truck, portable toilet and oil field equipment renting and leasing, except armored car and dog rental; 7389, except auctioneering, bronzing, field warehousing, salvaging of damaged merchandise) Child Day Care Services (8351) Communications (Groups 4812-4841, except principal transmission towers) Depository Institutions (Groups 6011-6099) Drug Stores and Proprietary Stores (5912) 5-I AG E,N DA JT F.,.M '2 · SEP 1 1997 13. Eating and Drinking Places (Groups 5812-5813. All establishments engaged in the retail sale of alcoholic beverages are subject to the Iocational requirements of Seclion 2.6. I0) 14. Engineering. Accounting. Research, Management and Related Sen'ices (Groups 8711-8748) 15. Food Stores (Groups 5411-5499) 16. General Merchandise Stores (Groups 5311-5399) 17. Group Care Facilities (Category I and II); Care Units and Nursing Homes, subject to Section 2.6.26 18. Group Housing, excluding Family Care Facilities, subject to Section 2.6.26 19. Hardware Stores (5251 ) 20. Heahh Services (Groups 8011-8049, 8082) 21. Home Furniture, Furnishing and Equipment Stores (Groups 5712-5736) 22. Hotels and Motels (Group 7011) 23. Insurance Carriers, Agents and Brokers (Groups 6311-6399. 641 I) 24. kegal Services (8111) 25. Libraries (8231) 26. Management and Public Relations Sen'ices (Groups 8741-8743, 8748) 27. Membership Organizations (8611-8699) 28. Miscellaneous Personal Sera'ices (7291) 29. Miscellaneous Repair Services (Groups 7622-7699) 30. Miscellaneous Retail Groups 5912-5963, 5992-5999) 31. Motion Picture Theaters (7832) 32. Motor Freight Transportation and Warehousing (4225 mini and self storage warehousing only) Permitted on Tract E only. 33. Museums and An Galleries (8412) 34. Non-depositou' Credit Institutions (Groups 6111-6163) 35. Paint, Glass and Wallpaper Stores (5231) 36. Personal Serx'ices (Groups 7212, 7215, 7217. 7219-7299) 37. Public Administration (Groups 9111-9199, 9229, 931 I, 9411-9451. 9511-9562. 9611-9661) 38. Real Estate (Groups 6512, 6531-6541) 39. Retail Nurseries, Lawn and Garden Supply Stores (5261) 40. Security and Commodity Brokers, Dealer, Exchanges and Service (Groups 6211- 6289) 41. Veterinary Services (Groups 0742, 0752, excluding outside kenneling) 42. Video Tape Rental (7841) 43. Vocational Schools (Groups 8243-8299) 44. Any other general commercial use which is comparable in nature with the foregoing uses. 5.4 ~ Uses and structures that are necessar3, and incidental to the permitted uses:. 5-2 S£P 1 6 19' 5.5 5.6 5.7 6. 7. 8. Minimum Lot Area: Twcnb' thousand (20,000) square feet. Minimum Lot Width: One hundred (I00) feet. Minimum yard Requirements: a. Front Yard: Twenty-five (25) feet. b. Side Yard: Fifteen (15) feet. c. Rear Yard: Twenty-five (25) feet. d. Any Yard abutting a residential parcel: Twenty-fivc (25) feet. Maximum Height: Fifty (50) feet, hov,'ever, building heights shall be limited to a maximum height of 3 stories or thirty-five (35) feet on Tract E or a similar boundary,thereto. Minimum Floor Area: One thousand (1,000) square feet for each building on the ground floor. Minimum Off-Street Parking and Off-Street Loading: As required in Section 2.3. LDC. Merchandise Storage and Display: Unless specifically permitted for a use, outside storage or display of merchandise is prohibited. Lighting: Lighting shall be located so that no light is aimed directly toward a properb' designated residential, which is located within two hundred (200) feet of the source of light. Dimensional standards for accessoD' uses shall be as required in Section 2.6.2, LDC. Development Intensity Commercial structures may be developed to the limits established by the height. setback and other limitations posed by this ordinance. Hotel and motel uses may be developed at a density of twenty-six (26) units per acre with a minimum of three hundred (300) and a maximum of five hundred (500) square feet per unit. 5-3 SEP 16 1997 p~o F~'~ SECTION VI ENVIRONMENTAL STANDARDS The purpose of this Section is to set forth the environmental commitments of the project developer. 6.1 6.2 6.3 6.4 6.5 The petitioner shall be subject to the landscaping and buffering requirements of Section 2.4, of the LDC. Petitione,' shall be subject to the Collier Count)' Comprehensive Plan Policy 12.1.3 contained in the Conservation and Coastal Management Element (discovery ora archaeological or historical site, artifact or other indicator of preservation). Petitioner shall obtain and submit documentation of all necessary local, state and federal permits. The applicant shall be subject to all environmental ordinances in effect at the time of development order approvals. Native vcgetation presen'ation shall conform to the requirements of Section 3.9.5.5.4 of the Collier County LDC and preserx'e areas shall be generally provided for as depicted on the PUD blaster Plan. Adjustments to the boundaries of the preservation area may be made at the time of Final Site Development 'Plan Approval in accordance with the standards of Section 3.9.5.5.4. 6-1 SEP 1 6 1997' .,._'/? _ SECTION Vll TRANSPORTATION KEQUIKEMENTS The purpose of this Section is to set forth the transportation commitments of the project developer. 7.1 The developer shall provide arterial street lighting of the project entrance. Said improvement shall be in place prior to the issuance o£any Certificate o£Occupancy. 7.2 The road impact lee shall be as set forth in Section 4.1 ofthe LDC, as amended, and shall be paid at the time building permits are issued, unless otherwise approved by the Board of County Commissioners. 7.3 Internal access improvements shall not be subject to impact fee credits. 7.4 All traffic control devices used shall conform with the , ' Comro, l.33,g..ELc~ as required by Chapter 316.0745, Florida Statutes. 7.5 The single project connection to U.S. 41 shall be restricted to right-in/right-out only turning movements. Unrestricted fuming movements shall be permitted at the northern connection to \Viggins Pass Road. 7-1 SEP 1 6 1997' SECTION VIII UTILITY AND ENGINEERING REQUIREMENTS The purpose of this Section is to set forth the utilities and engineering commitments of the project developer. 8.1 ~ Sewer and water sen'ice shall be provided by Collier Count)'. All pertinent requirements pertaining to the extension and construction of water distribution and sewage collection facilities shall be met. 8.2 Eng/nr._c. fing Detailed paving, grading, site drainage and utility plans shall be submined to the Development Sen'ices Department for review. No construction permits shall be issued unless and until approval of the proposed construction, in accordance with the submitted plans, is granted by the Development Sen'ices Department. Design and construction of all improvements shall be subject to compliance with the appropriate provisions of the Collier County LDC. Co Subdivision of the site shall require platting in accordance with Section 3.2 of the LDC to define the right-of-way and tracts shown on the PUD Master Plan. Do The developer and all subsequent petitioners are hereby placed on notice that they shall be required to satisfy the requirements of all County ordinances or codes in effect prior to or concurrent with any subsequent development order relating to this site, including but not limited to Preliminary Subdivision Plats, Site Development Plans and any other application that will result in the issuance ora final development order. 8-1 SEP 16 1997 P~* ~ SECTION IX WATER MANAGEMENT REQUIREMENTS The purpose of this Section is to set forth the water management commitments of thc project developer. 9.1 Detailed paving, grading and site drainage plans shall be submitted to the Development Sen'ices Department for review. No construction permits shall be issued unless and until approval of the proposed construction, in accordance with the submitted plans, is granted by the Development Sen'ices Department. 9.2 Design and construction of all improvements shall be subject to compliance with the appropriate provisions of the Collier County LDC, except that excavation for water management features shall be allowed within twenty (20) feet from side, rear or abutting property lines. 9.3 Landscaping may be placed within the water management areas in compliance with the criteria established within Section 2.4.7.3 ofthe LDC. 9-1 AGENDA ~.M,,, \ SEP 1 ~ 1997 EXECUTIVE SUMMARY RELATING TO PETITION NO. CU-95-4, FOR TIlE SECOND EXTENSION OF A CONDITIONAL USE FOR A CHURCH IN THE "A" RURAL AGRICULTURAL ZONING DIS'I'R.ICI FOR PROPERTY DESCRIBED IN RESOLUTION 95-537 ADOPTED ON SEPTEMBER 19, 1995 PURSUANT TO SECTION 2.7.4 (CONDITIONAL USE PROCEDURES) OF THE LDC. OBJECTIVE: 'Dfis petition seeks to extend the date by which a conditional use was first approved for a church in an "A" Rural Agricultural zoning district located as illustrated in the aforementioned Resolution. This is Ibc second extension request. The Collier County Land Development Code provides for a maximum of three (3) one year extensions to conditional uses. CONSIDERATIONS: The property is located on the west side of C.R. 951 approximately 1,300 lineal feet north of Vanderbilt Beach Road. The approved development order Resolution 95-537 as amended by Resolution 96421 remains consistent with all elements of the GMP and in particular the Future Land Use Element which provides for churches as conditional uses in all residential zoning districts. Correspondence from the owners agent advises that members of the church are actively pursuing the steps essential to initiating construction of the church. FISCAL IMPACT: None. GROWTH MANAGEMENT IMPACT: None. PLANNING COMblISSION RECOMMENDATION: That a second extension be granted to Petition No. CU-954 in accordance with and Exhibits thereto. SEP 1 fl 1 k ' ~'~' ~ '. PREF~RED BY, '~ CHIEF PLANNER REVIEWED BY: CU~,RENT PLANNING MAN~GER~- PLANNING SERVICES DEPARTMENT DI~CTOR COMMUNI~' DEV. AND ENVIRONMENTAL SVCS. CU-95-4 EX SL.'MMARY/md AG£NDA 3T~M,, ~ SEP 1 ~ 1997', RESOLUTiOn; 97- RELATING TO PETITIC,~; ~;O. CU-95-4 FOR EXTEl;SION OF CONDITIO:;AL USE OF PROPERTY HEREIt;AFTER DESC?,I~ED It; COLLIER COU~.;TY, FLORIDA WHERLAS, the Legislature of the State of Florida in Chapter i2 Florida Statutes, has conferred on all Counties in Florida the establish, coordinate and enforce zoning and such business regu!ati as are necessary for the protection of the public; and WHE ~R~SAS, the County pursuant thereto has ad~pted a Land Development Code (Ordinance No. 91-102) which establishes comprehen zoning regulations for the zoning of particular divisions of the County, among which is the granting an~ extending the time peric~ o Conditional Uses; and WHEP-~F~\S, cn Septer~er 19, 1995, the ~oard of Zoning Appeals enacted Resolution No. 95-537, attached hereto and incorporated her which granted a conditional use pursuant to Ordinance ~:o. 91-102, f church and related church activities, on the below describe/ pr=per and WHERLAS, on Septer~er 10, 1996 the Board of Zoning Appeal~ Resolution No. 96-421, attached hereto and incorporated herein, granted a one (i) year extensi=n to the Provisional Use granted in Resolution No. 95-537; WHEP-J~.S, Subsection 2.7.4.5 of the Land Development C&de Drcvl that the Board of Zoning Appeals may extend the one {1) year time period for a conditional use which has no= been cTr~ence~; NOW, THEREFORE BE IT RESOLVED, by the Board of Zoning Collier County, Florida that: The written request of Dr. Neno J. Spagna of Florida Urban Institute, Inc., representing Mr. Richard D. Craig of the Naples Bi Church for the second {2) of three (3) permitted one (1) year extensions, in interest of the following described property: South one-half (S h) of the South one-half [S h) of the Northeeast one-quarter (NE q) of the Southeast one-quarter {SE h} of Section 34, Township 48 South, Range 26 East, Collier County Florida, as recorded in Official Record Book 1571, Page 1734, less 100 foot right-of-way. AGEN DA I~'L"ld/ SEP 10 1997 · P~. is hereby approved pursuant to Subsection 2.7.4.5 of the Land Be';elo~ment Code (Ordinance No. 91-192), and the expira%ipn date for Resolution No. 95-537, attached hereto and incorporated herein a~ Exhibit "B", and all conditions applicable thereto, is here~y ex:eaSe for one additional year until Septer~er 19, 1998. BE iT FdRTHER RESOLVED that this Resolution be recorded in the minutes of this Board and in the records of the Petition for which th extension is granted. This Resolution adopted after motion, second and majority Done this day cf , 1997. AT/EST: ~:';iGHT E -R~'.:,, Clerk EPA_RD OF ZO::I::G APPEALS COLLIER COL~.;Ty, FLCRIDA Ti:.:OTHY L. F-z2~COCK, Chairman Ac:roved as to Form and L--~~ e, ''~ ~. ..... Mar]o/ie M. Student Assistant County Attorney AGENDA,iT(M/\ SEP 1 1997 P~' ~ ..i--.-- R~SOLUTION 96- 421 RELATING TO PETITION }10. CU-95-4 FOR EXTENSION OF CONDITIONAL USE OF PROPERTY }{EREINAFT~--~ DESCRIBED IN COLLIER COUIITY, FLOKIDA ~EP. EAS, the Legislature of the State of Florida in Chapter 125, Florida Statutes, has conferred on all Counties in Florida the power establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public; and %~'R~A$, the County pursuant thereto has adopted a Land Development Code (Ordinance No. 91-102] which establishes co=prehensiv~ zoning regulations for the zoning of particular divisions of the County, among which is the granting and extending the time period cf Conditional Uses; and ~=_P~F_AS, on September 19, 1995, the Board of Zoning Appeals enacted Resolution No. 95-537, which granted a conditional use pursuan to Ordinance No. 91-102, for a church and related church facilities, the belo~ described property; and ~-~EREAS, Subsection 2.7.4.5 of the Land Development Code provide~ th2t th= Board of .ZoniDg Appeals may extend the one (1) year time p~riod for a conditional use which has not been commenced; NOW, T~F_R~FOI~E BE IT RESOLVED, by the Board of Zoning Appeals of Collier County, Florida that: The ~ritten request of Dr. Neno J. Spagna of Florida Urban Institute, Inc. representing Mr. Richard D. Craig for the Naples Bibl church for the first of three (3) permitted one (1) y~ar extensions, interest of the following described property: South one-half (S 1/2) of the South one-half (S 1/2) of the Northeast one-quarter (NB 1/4) of the Southeast one-quarter (SE 1/4) of Section 34, Township 48 South, Range 26 East, collier County Florida, as recorded in Official Record Book _ 1571, Page 1734, less 100 foot right-of-~ay. is hereby approved pursuant to Subsection 2.7.4.5 of the Land Development Code (Ordinance No. 91-102), and the expiration date for Resolution No. 95-537, attached hereto and incorporated herein as Exhibit "A", and all conditions applicabl~ thereto, is extended hereby for one year until September 19, 1997. BE IT FURTHER RESOLVED .that this Resolution be recorded in the minutes of this Board and in the records of the Petition for which the extension is granted. Co~nissioner '- C°n~tant{n9 " __ offered the foregoing Resolution and moved for its adoption, seconded by Commissioner _t~r_'Ki. , and upon roll call, the vote was: AYES: Commissioner Constantine, Commissioner Mac'Kle, Commissioner NAYS: Hancock, Commi~ioner Matthews4 and Commissioner Norris A~SENT ~D NOT VOTING: ABST~;TION: {, Done this lO~h __ day of ~e~embe~ _, 199~. C.U. EXTENSION RESOLUTIonS~17801 ..A ~ES.OLL~r. ION P~OVIDING FO~'THE ESTABLISF.~.ENT OF A CHURCH ,AND RELAT£D CHUP. CH FACILITIES AS CONDITIONAL USES "7" ARD "10" Ill TH.E "A" ZONING DISTRICT ?URSU~.NT TO SECTION 2.2.2.3. OF THE COLLIER COU~ITY L~,~:D D~-VELOP~.ENT CODE FOR PR6PERTY LOCATED IN SE .CTIO,~I 34, TO',~ISHIP 48 SOD-fH, P3d;GE 26 FAST, COLLIER COU~,;TY, FLORI DA. WHEREAS, the Legislature of %he State of Florida in Chapter 67-1246, La~s of Florida, and Chap%er 125, Florida Statutes, has conferred on collier County the po~er to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public; and ~-HER-13. i, the County pursuan= thereto has adopted a Land Development Code (Ordinanca No .... ~2) ~hlch includes a Zoning Ordin~nke establishing regulations fcr the zoning cf geograuhic divisicns of the County, among ~hich is the grant!n~ cf Conditional Uses; and ~EREA$, the Collier County Planning Ccm~!ssion, ~eing the ~uly appointed and constituted planning~oard, for the area herebya'°s,, :~ has held a public hearing after notice as in said regulations =adc a: provided, and has considered the advisability of Conditional Uses and "10" of Section 2.2.22'3 in an "A".zone for a church and relate~ church facilities on the prope~y hereinafter ~escribed, and has fou as a matter of fact (Exhibit "A") that satisfactory provision arrangement have keen made concerning all applicable matters renu!ri by said regulations,and in accordance uith Subsection 2.7.4.4 of Land Development code for the Collier County Plannin~ Commission; a: ~%V-~REAS, all interested parties have been given opportunity to heard by this Board in a public meeting assembled and the Boar~ h~v considered a~l matters presented. NOW;.TH~FO~ BE IT RESOLED, BY T~E BO~ OF ZONING ~P~ collier C~ty~"Florida ~at: ..... ' % ' ' ~Ute., .Inc.....r~pr~e~ttng Mr. Richard D. Craig for the ~~h~ch with respect to the property hereinafter de:cribed as: South one-hal~ ($ 1/2) of the South one-half (S 1/2) of the Northeast one-quarter (N£ 1/4) of the $o~theast one-cuarter (SE 1/4) of Section 34, Township 48 Sbuth, Range 26 Mast, Collier County Florida, as recorded in Official Record Book 1571, Page 1734, less 100 foot right-of-way. be and the same is hereby approved for Co~dition&l Use "7" and "10" of Section 2.2.2.3 of the "A" zoning district for a church and church facilities in accordance with ~he Conceptual Raster Plan (Exhibit "B") and ~ubject to the following conditions: a. The Planning and Technical Services Manager may approve minor changes in the location, siting, or height cf buildings, structures, and improvements authorized by the conditional use. £×pan$ion of the uses and approved within this ccnditlonal use application, cr major changes to the site plan submitted as ~art cf =his application, shall require the submittal of a na~ conditional use application, and shall comply ~ith all applicable County ordinances in. effect at ~e tine of submittal, including Division 3.3, Site Development Plan Revle~ and approval, of the Collier Ccun%y Land Development Code (Ordinance No. 91-102). ¢, b. As a precondition of any development, connection shall be made to the County's Water system in place on C.R. 951. c. Arterial level street lighting shall be provide~ at the project entrance at the time said entrances is constructed. d. 'Both a northbound left turn lane and a southbound right turn lane rill be required under t~o-lane eR 951 conditions in accordance uith Ordinance 93-64. Under four-lane conditions, access ~111 be constrained to right-in/right-out. Turn lanes rill be construc%ad the time the project entrance is constr~ctad. e. Additionally, right-of-way may be required to facilitate the eventual ~idening of CR 951. In the event additional, right-of-way is deemed necessary, said action to acquire the right-of-way shall be as prescribed by the provisions of the LOC a= Section 2.7.4.5.4. f. --~n exotic vegetation r~mov~l, monitoring, and maintenance (exotic-fre~) plan for the site, shall be submitted to Planning and Technical Services Environmental Revie~ staff for review and appro¥s1 prior to'.final site plan/construction plan approval. IT FURTHER RESOLVED that this Resoluti~ be recomde~ in C-"- 2' .:.- B£ minutes of this Board~ i ...~.-:. ". : ." :.'' Commi~sioner Conscant£ne ' offered the foregoing ~. %ion .and..moxed..fGr. i%~. adoption, seconded by Commissioner .... ~ac;Kte and bpon roll call, the wore was: Com=iss~oner ~&ncock~&nd Com~i~s~o~er'~&Cthevs' NAYS: ABSENT AND NOT VOTING: ABSTENTION: Done this ___~z~7~ ~ay of ~ , 1995. ATTEST: '.. . LEGAL'. SUFFICIENCY: F~J~7OHIE }{. STUDENT ASSISTANT COUNTY ATTOR2I~-~ CU-95-4 R£$OLUTION/14322 FINDING OF TACT COLLIER CO~TY PLA.WNZNG CO~L~..I$$I0~f · FOR A CONDITION~J~ USE PL-fITION FOR Fe%[~[:n No. CU-.=5-4. Nao!e$ ~-ib~.~ Church The fo!lc'-'ing facts zre fcund: Sectio~ ' 2.2.2.3.7 of the Land Code aut~ Z~e condl=ional 2. Granting the conditional use vi11 not a~versely affec~ the public interest amd %'ill not adversely property or uses in the same ~i=tric~ or because of: A. Cons!sten~z %'Ith the ~an~ Developmen= Co~e ~st~ctures ~ereon ~i~ pa~l~l~ reference .automotive ama p~a~stri~n 'Faf~ty ama ~anvenience, traffic flo~' an~ c~ntrol, and access in case fire or catastroghe: ' Yes -~o ' C. Affects neighboring prope~ies in relation noi~e~glar~, economic or o~or effects: / NO ~ffect or -- Affect =ittgatm~ D. Compatibility %'ith a~Jacent'~rope~ie~ o~er prope~y in ~e dis~ict:. Con~atibl~ usm~vi~in distract / . Yes ~ No Based on the above fin~ings, this conditional use should, .~ith ~tipulations, (copy not) reco=end~d for appro~l FiNDi.~G OF TACT BY COLL'-'---~. CC?.;TY -=L~_R~J!NG CO.~/~_.ISSION A CC:;DZTiON~'-L US=- .='-TiTiON FO?. Th-~ fc~l~'-'~nc, facts are fcur.~: Cc~ ~uthoriz~ zh~ c==~L=!c~! usa. ~rc~rty cr u~s_..~- th~ ~ane ~is~rict or because of: A.. Consistanc'.' ~'inh =~h~ La~d Grc~h Man~ent nc ess ~ ~r:Dt~y ~n~ ~ · traffic f!c%' an~ c=n~c!, an~ access C. Affects r. ei~:-~oring ~ra~erties in rel~ion noise, q!~e, iconcnic or cdcr D. Conpatibi!i=y %'!~ a~Jac~n~ o~he= prope~y tn ~he 8is~ic~: ~se~ cn the z~ave fin6incs, ~hts c~n~tional FiNDiNG OF .=ACT BY FOR CONDiTiON~ ". US-- FOR The fc!!cu'ing facts ara i. Sac~icn 2.2.%.3.7' Cc~ au~hcr!z~ ~h~ .~rc~er~y. or ~sts _..~- keczuse of: ~ ~o in. ess ~n~ · e~s ~o ~aut~otiva aha ~e~mstrian safety an~ convenienceS' · traffic f!o%' ' C. ~.ffec~s neighboring ~rc~rties in no~s~ glare, eccnonic or cdor effect: D. Compatibility ~'ith adJac~n% ~rcperti~s and c~her proper=y in th~ ~i~trict: ~'ith stt~u!=tions, (c:~y COLLIL-A COUITTY. DLA/~ING COHKISSIO~ ~ CO~DITIONXL U$'Z DZTITION The f olios'lng Cc~m authorize~ p=cpe~y or USSS L~ ~.a st=~ ~is~i~ In.ess ~ e~ass ~o p~ · ~af fi= flo%' '0 ~-~.'D~G OT FACT TZ~TOZ'A~G OT TACT COLZ,Z~TM, ¢Ob"~'~ PLA2~:G ' $~¢"cion,. 2.2.2.'~.7 or' th& ~n~. IZA"DZ~G OT COZ.T..2:Z:-L co~rz'Y D~G ~ro~ A. CO~"OZTZO~A.~ USZ ~'OR Yes :/ No -- ~. ln~reee ~d ez~ress to propert~ and p=~posad · ' · ~reCE~c ~; and c~n~o~, ar~ access ~.~ casa EXE~ SUMMARY THE t~OARD O~ COUlqTY COMMIS$1ONEg~ API~OV'F, AN ADDITIONAL col, rr'~cro~ TO TI~ LI~ O~ ~AI.IFI~ CONTI~~ I~I~R.M1Tr~ TO WORK ON ?ROIECTS FUND~ BY TI~ ~ COUNTY R.ESIDENTIAL REI-~mlTA~ON PR~ (RFI~'JM'22~0), ~ To have to Board of County Commission~ spl:m:we tn s:Mitional contractor to be pre-qualified to work on projects funded by the Collier County Residentig ~tstion ~ On August 16, 1~94, the Board ~fCoun~ Conm~ion~ adopted County Ordinance No. 94-39, impleme'nting the Collier County Residential Reh~bili~on Program. The intent of this Program is to assist eligible low and v~ low income home~wn~ra in making necessary and appropriate improvem~nt~ to th~4r propea~e~ in order to er~ance the property value and bring them into compliance with the County Houring Code. Re~olution 94-608, also adopt~ on August 16, 1994, authorized the Board Chairman to ex,cute contracta between Collier County and Contractors for Rehabilitation r~Iated a~rvices on behalf of thc Board of County Commissioners. The following contractora have already be~m approved by the Board for this Program: 1) Glenn C. Coryea, General Contractor 2) Haupt md Collins, Inc. 3) J.D. AII~ and Associates, Inc. 4) William J. Varian Construction Co. 5) Centro Campesino Farmworker Center, Inc. 6) Vandevelde Construction, Inc. 7) Biltmore Custom Homes, Inc. 8) Raym~r Construction 9) Fr~nan & Freeman, Inc. The Cotmty rcsowes the right to grid firms to this initial list of pre-qualified contractors provided the added conmsctor(s) meet all of the pg..qualification gands,-ds of RFP~ 94-2280, ~ that the action is formally approved by the Board of County Commissioners. In ~c, cordance with this provision, the following firm is requesting to be pr~quzlified for the Resid~ Rehsbilitation a) Gates-McVey Builders, Inc. ,. / Pm~'uant to the roms of the RFP, e. ach pre-qualified contr~or enters into a t6lm agreemem with the County for the provi~on ora broad range ofcon.smmion and renovation maticea. Upon certifying the eligibility ora participant, quotations will be wlieited from the pre-qualified contractor~. Award will be baxed on the be~t overall bid ree.,eiv~ ~ There is no fiacal impact. Funding for the Collier County Re~id~l Rehabilitation Program is available in Fund 191-138785, Affordable Housing Trust Fund. GROWTH MANAGEMENT IMPACT; The Collier County Residential Rehabilitation Program implements and conforms to Coal I and Objective 1.1 of the Housing Element of the Collier County Growth Management Plan. RECOIVLMENDATION: That the Board of County Commissioner~ authorize the County to enter into contracts with the firm recommended herein for the provision of construction and renovation services set forth under RFP//94-2280. Prepared By: Donald K. Milne, Planner II Housing and Urban Improvement Department Greg Miha~5/Director Housing and Urban Improvement Department Reviewed By: t/ , '- Date Steve Camell, PurChasing Director Approved By:... ~/2p2 ~ Date: Vincent A. Cautero, Community Development and Environmental Services Adminisa'ator SEPI$1997 FOR ~RO~OSALS I 94-2280 TABLE OF CONTENTS PUBLIC NOTICE OF PROPOSAL .......... 1 INSTRUCTIONS TO PROPOSERS ........... 2-5 SCOPE OF SERVICES .............. 6-9 INSURANCE REQUIREMENTS ............ 10-11 PROFESSIONAL & QUALIFYING QUESTIONNAIRE .... 12-15 PUBLIC ENTITY CRIMES STATEMENT ........ 16-17 PROPOSER'S CHECK LIST ............. 18 PROJECT PROPOSAL FORM ............. 19 NON-PROPOSER' S RESPONSE ............ 20 APPENDIX A - Sample Agreement with exhibits SEP 16 Pursuant to approval by the County Manager on Aupust 31, 1994, Sealed Proposals for Certification of Contractors for the Residen=tal Rehabilitation Program will be received at the Housing and Urban Improvement Department 2800 Horseshoe Drive North, Naples, Florida 33942. ' RFP #94-2280 "Reaidential Rehabilitation Program- All proposals shall be made upon the enclosed forms requesting pertinent information which will be used by the County in making its evaluation of the proposals. All proposals shall be submitted in accordance with the Instructions to Proposers and the Request for Proposal specifications. Collier County does not discriminate based on age, race, color, sex, religion, national origin, disability or marital status. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: >This Public Notice was posted in the Lobby of Building "W", Collier County Government Center on >, 1994. 8EP!61997 /l INSTRUCTIONS TO PROPOSER Collier County seeks to obtain a broad scope of construction-related services pursuant to Collier County's Residential Rehabilitation program .from qualified contractors. Inquiries concerning the Rehabilitation Program or the Request for Proposals process should be addressed to: Donald K. Milne, Planner II Housing and Urban Improvement Department 2800 N. Horseshoe Drive Naples, Florida 34104 941-403-2332 EVALUATION OF PROPOSALS A Selection Committee, appointed by the County Manager, will independently evaluate each proposal and select an appropriate number of firms in the manner described under Section B of the part entitled, "SCOPE OF SERVICES". PROPOSAL SUBMISSION The procedure outlined in the Notice of Public Proposal must be followed. Submit the original properly signed in blue ink and clearly marked "Original", to the Housing and Urban Improvement Director in a sealed envelope on which shall be shown the name of the proposer, proposal due date, and the name of the proposal and number assigned to the proposal. The proposer should retain one copy of the proposal. Whether forwarded by mail or personally delivered, the above-mentioned envelope must be received by the Housing and Urban Improvement Director prior to the date and time stated in the Public Notice. Proposals received after the time stated shall be returned unopened to the proposer. Each proposer must submit the Proposal Form included in this Request for Proposal. SEPi$1997 Page 4 Only one proposal from a legal entity will be considered. If it is found that a proposer is interested in more than one proposal, all proposals in which such a proposer is interested will be rejected. E P The proposer must sign the proposal in the spaces provided for signatures. If the proposer is an individual, the words "Sole Owner" shall appear after his signature. If the proposer is a partnership, the word "Partner" shall appear after the signature of one of the partners. If the proposer is a corporation, the signature required is the Officer, Officers or Individual duly authorized by its by-laws or the Board of Directors to bind the corporation with official corporate seal affixed thereto. ICAT 0 Each proposer must complete and submit the Professional Qualification Form included in this Request for Proposal. Evidence that the proposer is fully qualified and competent to complete this project. Prospective proposers shall disclose any record of pending lawsuits, criminal violations and/or convictions, etc., and shall not have conflicts of interest under Chapter 112, Section 112-313, Paragraphs 1 through 7 of the Florida Statutes, and agree that they will fully comply in all respects with the terms of said laws. REJECTION OR ACCEPTANCE OF PROPOSALS The County reserves the right to waive any irregularities in any proposal, to reject any or all proposals, to re-solicit for proposals, if desired, and upon recommendation and justification by Collier County to accept the proposal which in the judgment of the County is deemed the most advantageous for the public and the County. Any proposal which is incomplete, conditional, obscure or which contains irregularities of any kind, may be cause for rejection of the proposal. In the event of default of the successful proposer, or his refusal to enter into the Collier County Contract, the County reserves the right to accept the proposal of any other proposer or to re-publicize the solicitation using the same or revised documentation, at its sole discretion. $EP 16 1997 Page Should the contractor be found to have failed to perform his services in a manner satisfac~ory to the County per the requirements ~qS'of the RFP or agreement, th~County may terminate this Agreement immediately for cause; fur_~er the County may terminate this Agreement for convenience wit~a thirty (30) day written notice. The County shall be sole Judge of~on-performance. The Proposal Document shall mean and include the following: A. Notice of public proposals B. Proposal C. Professional and qualifying information INTERPRETATION OF P OPO AL D AND INVESTIGATION OF PR E Each proposer shall thoroughly examine the Proposal Documents, and judge for himself all matters relating to the location and the character of the services he agrees to perform. If the proposer should be of the opinion that the meaning of any part of the Proposal ocument is doubtful, obscure or contains errors or omissions, he hould report such opinion or opinions to the Purchasing Director. Neither the County Manager or his staff shall be responsible for oral interpretation given either by himself or members of his staff. The issuance of a written addendum shall be the only official method whereby such interpretation will be given. No proposal can be withdrawn after it is filed unless the proposer makes his request in writing to the Housing and Urban Improvement Director prior to the time set for the receipt of proposals, or unless the Housing and Urban Improvement Director fails to accept it within sixty (60) days after the date fixed for receipt of proposals. Collier County does not discriminate based on age, race, color, sex, religion, national origin, disability or marital status. Any Contractor who is a recipient of County funds, or who proposes to perform any work or furnish any goods under this bid shall ~ ncr against any worker, employee or applicant or any member of the public because of age, race, color, sex, reli~ ~ational origin, disability or marital status, nor otherwise ~wrn~=~r~' unfair employment practice. ~ SEPi$ ! Page 6 A~¥ actual or prospective respondent to an Invitation to Bid or Re~aest for Proposal who is aggrieved with respect to =he former, shall file a ~ pro=es= with the Housing and Urban Improvement Director ~ AR the opening of the Bid or =he due date for acceptance of Proposals. Ail such protests must be filed with =he Housing and Urban Improvement Director no la=er than 11:00 a.m. Collier County time on =he advertised date for =he opening of the Bid or the acceptance date for the Request for Proposals. Award of contract will be made by the Board of County Commissioners in public session. Award recommendations will be available at the offices of the Housing and Urban Improvement Department. Any actual or prospective respondent who desires formally protest the recommended contract award must file a no=ice of intent to protest with the Housing and Urban Improvement Director within two (2) calendar days (excluding weekends and County holidays) of the date that the recommended award is posted. Upon filing of said notice, the protesting party will have five (5) days to file a formal protest and will be given instructions as =o the form and content requirements of the formal protest. A copy of the "Pro=es= Policy" is available at the office of the Purchasing Director (Collier County Government Center, Building 8). LOBBYIN~ Ail firms are hereby placed on NOTICE that the County Commission does not wish to be lobbied. Firms and their agents are not to contact members of the County Commission for such purposes as meetings of introduction, luncheons, dinners, etc. During =he bidding process, from bid opening to final Board approval. BONDS/CONTRACT RETAINAGE In an effort to encourage maximum contractor participation, the contractor will not be required to provide performance or payment bonds for each project. Rather, payment for services and materials will be made upon final completion of the work. In the event =ha= progress payments are issued for a given project, the County reserves the right to retain up to 20 percent of each payable amount until final acceptance of the project. In lieu of re=ainage, the County will also consider alternative forms of surety acceptable =o both =he County and to the Contractor. SEP 16 1997' ~ Page 7 The purpose of this Request-for-Proposals is to obtain a broad scope of construction-related services pursuant to Collier County,s Residential Rehabilitation program as set forth and established under Collier County Resolution #94-39 and Resolution #94-608, adopted August 16, 1994. The intent of the program is to assist eligible homeowners in making necessary and appropriate improvements to their properties that bring the properties into compliance with Co%mty housing codes and enhance the values of the properties. A. ~L 1) The Collier County Housing and Urban Improvement Department (hereinafter referred to as "MUI") will be responsible for determining the eligibility of each program applicant. Assistance will be provided in the form of zero interest loans to eligible applicants. In order to be eligible, applicants must be considered to have a "low" or "very low income, status as defined under the Code of Federal Regulations, Title 24, Section 813.102. 2) Each property under consideration in the program shall be %nitially inspected to determine the necessary and appropriate improvements. The County,s Code Compliance Department wtll be responsible for inspecting prospective sites located in the unincorporated area of the County. Inspections within the Naples city limits will, at the opt/on of the City, be conducted by the City's Building Division or the County's Code Compliance Department. 3) The inspecting party shall itemize the necessary and appropriate improvements for each property (or "project.). Priority shall be given to those items necessary to bring the property into compliance with City/County housing codes. The itemized list of improvements shall be provided to each qualified contractor prior to the receipt of bids for each project. 4) Generally, the maximum amount of the loan from the County to the homeowner shall be the actual amount paid to the contractor, or fifteen thousand ($15,000) dollars, whichever is less. The maximum amount of the loan will be fifteen thousand dollars ($15,000) as needed to correct Housing Code violations of the Collier County or the City of Naples Housing Code. 5) Improvements completed above and beyond those specified in the Contractor,s Work Write-up which exceed the loan amount agreed to between the homeowner and the County shall be negotiated between the homeowner and contractor to determine if those improvements shall be paid for by the homeowner or deemed in-kind services by the contractor. SEP 1 $ ~RE-OUALIFICATION OF ¢0NTRACTOR~ Page 8 Upon the approval of each application (including the initial property inspection), HUI will solicit bids for the work identified in the initial inspection from a list of pre-qualified contractors. The pre-qualification process will be conducted as follows: 1) Issuance of the Request for Proposals (this document). 2) Scheduling of a pre-proposal conference (Optional - see p.1 for date, time and location). Submission of qualifications-related information as requested in the RFP by closing date and time (see p.1). Receipt and evaluation of the proposals. The appointed selection committee will review and evaluate the information submitted by each contractor. Proposals shall include, but not be limited to, the following documentation: a. County and/or City occupational licenses b. Current Certificates of Insurance pursuant to the requirements of the RFP (p. 10 and 11). 3) 4) c. Proposer Qualification Form. d. References from: 1. Two (2) major suppliers from whom construction materials have been purchased. 2. Local financial institutions through which credit has been established. 5; 6) 7) 3. Individuals (including address, phone numbers, and dollar value of jobs) for whom work has been recently completed. Upon review of all proposals, the committee will submit a formal recommendation to the Board of County Commissioners identifying the firms deemed to be pre-qualified and recommended for award of a contract. Upon approval by the Board, each awardee will enter into a general agreement with the County to provide residential rehabilitation services and participate in the program. The execution of said agreement shall not a guarantee to the Contractor that work will be awarded to the Contractor. Instead, each contractor under agreement with the County will be afforded the opportunity to submit formal bids for each eligible program project. The County reserves the right to add firms to the list of pre-qualified contractors after adoption of the initial st by the Board of County Commissioners provided that the contractors meet all of the pre-qualification requirements ~/~ this RFP and that action is formally approved by the Board of_ County Commissioners. i 2) 3) Upon approval of the pre-qualifiedilist of contractors, }Fu'I will solicit bids from the pre-qualified firms for each project eligible for participation in thelProgram. Each bidder will be provided with specifications per~.aining to the Work to be performed. Specifications shall generally include (but not be limited to) one or more of the following: a) Materials and Workmanship _ General; b) Interpretation; c) General Conditions, and; d) Specifications, which address! rehabilitation work and materials eligible for reimbursement under program guidelines including: 1. Aluminum Awnings and Canopy 2. Appliances - Electrical and Gas 3. Blacktop/Parking areas 4. Cabinets 5. Fencing 6. Concrete Work 7. Doors and Windows 8. Electrical 9. Floor and Coverings 10. Gutters and Downspouts 11. Insulation 12 Landfill 13 Painting 14 Plumbing 15 Roofing 16. Soffit and Eaves 17 Solar Energy System 18 Termites 19 Tree Removal 20. Vents and Crawl Space Access 21. Exterior and Interior Walls and Ceiling Finishes In a~dition, contractors will .also be formally advised of any conditions pursuant to the submission of bids, including, limited to the date, time and nlaceto be s.ubmitted, the specific in~ ....... ~- - ~he~e bids are but not ~t~zon to De included in the bid and the method of awarding the bid. Bid awards will be made in accordance with the County,s Purchasing policy. In evaluating all bid prices, the County reserves the right to compare labor rates submitted for rehabilitation work under this program to the n~Dst recent edition of The Building Estimator,s Reference Book, William ~. Spradlin, Jr., ed. (Chicago, IL: Frank R. Walker Company). Any labor cost that is not covered in this reference may require explana~=_, ~, the contractor and be broken down b ~i , service performed. Y t cost for the pa~i~~ SEPlS 1997' [' Page 10 4) In addition to price, the County shall consider qualitative factors where relevant such as the proposed time of completion, the qualifications, any subcontractors listed for the project and any in-kind contributions offered by each bidder. 5) Upon selection of the bid, HUI will notify the bidders of the results and selection. 6) Failure to respond to two successive invitations to bid, or failure to return the Non-proposer's Response form could result in removal of your firm's name from our pre-qualified list of contractors. Do ~OTICE TO PROCZF~/COMMENC~NT__OF WO~ Notice to proceed for each project will be issued by HUI to the Ccntractor subsequent to the execution of the following documents: a. The second mortgage and promissory note by the homeowner. b. The Contract for Rehabilitation of Owner-occupied Dwelling Unit by the Contractor and homeowner. 2) c. The Performance Agreement by the homeowner. Notice to Proceed will include the issuance of a County Purchase order and a supplemental proceed order. The supplemental proceed order will provide starting and completion dates for each project and will be signed by the homeowner, the Contractor and the HUI Director. 3) Any change orders issued during the contract period require the prior written approval of the County. X. COMPLETION QF wORK 1) 2) 3) The Contractor shall arrange interim and final inspections with the appropriate City or Cou/lty departments. Upon successful completion of final inspection, the Contractor shall submit a disbursement authorization form (invoice) to for all materials and services rendered as authorized in the purchase order. HUI will verify the invoice and submit to the Finance Department for payment. Unless otherwise agreed to by the parties in advance, progress payments will not be made during the construction period. However, in the event that progress payments are perm/tted, the County reserves the right to retain up to 20 percent of the approved purchase order amount until final acceptance of the work. $EP16 i ~ 1. Worker's Compensation Statutory Limits of Florida Statutes, Chapter 440 and all Federal Government Statutory Limits and Requirements. __~ 2. Co~nercial General ~odil¥ Xn4urv & Prc~ertv Damage Liability (Occurrence Form) pattenued after the 1985 I.S.O form with no limiting $1.000.000 Single Limit endorsements. Per Occurrence 3. Indemnification: The Consultant shall protect, defend, indemnify, and hold Collier County and its officers, employees, and agents harmless from and against any and all losses, penalties, damages, professional fees, including attorney fees and all costs of litigation and judgments arising out of any willful misconduct or negligent act, error or omission of the Consultant, its Subconsultants, Subcontractors, agents or employees, arising out of or incidental to the performance of this Agreement or work performed thereunder, including any claim(s) brought against the County, its officers, employees, or agents by any employee of the named Consultant, any Subconsultants, Subcontractors, or anyone directly or indirectly employed by any of them. The Consultant's obligation %under this provision shall not be limited in any way by the agreed- upon total contract fee specified in this Agreement or the Consultant's limit of, or lack of, sufficient insurance protection. The parties agree that one percent (1%) of the total compensation to the Consultant for performance of services authorized by this Agreement is specific consideration for the Consultant's indemnification of County. (Reference: Section 725.06 F.S.) 4. Automobile Liability Owned/Non-owned/Hired Automobile Included $ 300.000 Each Occurrence 5. Other Insurance as indicated below: a) Professional Liability $ / $EP15 1997 COLLIER COUNTY FLORIDA INSURANCE REQUIREMENTS (Continued) Page 12 X 6. Contractor shall insure that all subcontractors comply with the same insurance requirements that he is required to meet. The same Contractor shall provide County with certificates of insurance meeting the required insurance provisions. 7. Collier County must be named as "ADDITIONAL INSURED" on the Insurance Certificate for Commercial General Liability and Automobile Liability Coverage where required. 8. Collier County Board of County Commissioners shall be named as the Certificate Holder. NOTE--The "Certificate Holder" should read as follows: Collier County Board of County Commissioners Naples, Florida No County Division, Department, or individual name should appear on the Certificate. No Q~her format will be accep~abl~. 9. Thirty (30) Days Cancellation Notice required. 10. The Certificate must state the Bid Number and Title. BIDDERS AND INSUTUkNCE AGENT STATEMENT: we understand the insurance Requirements of these specifications and that the evidence of insurability may be required within five (5) days of the award of bid. S~re of Bidder Insurance Agency Signature of Bidder's Agent SEPIO 1997 age 13 FIRM Address: City: Telephone: (~) FAX Numb.: (q~i) ~ql ~177 T~PE OF WOP. K - (General Contractor: Co.oration/Years in Business: Partnership/Years in Business: PROPOSERS QUALIFICATION FORM RFP # 94-2280 Residential Rehabil£t&t~on Program ~ffate ~ ZIP Sole Proprietorship/Years in Business: OFFICERS/PARTNERS OR OWNERS & EXPERIENCE; Name 'f0(15 Soc. Sec. No. Spouse's Name Date of Birth Name ==~Soc. Sec. No. ~pouse's Name ~ate of Birth Name Soc. Sec. No. Spouse's Name Date of Birth AUTHORIZED AGE1TTS Business Address Date of Birth ,~- 679. Soc. Sec. No. Home Address Zip ~ Home PhoAe Title Date of Birth 17~'f~ Soc. Sec. NO. Home Address Zip ~'f~ Home Phone Title Date of Birth Soc. Sec. No. Home Address Zip Home Phone ~hon~ ~o. NIP, PER OF PERSONNEL IN OR~A/~IZATION: Administrative: ~ Professional:,,~ Office: ~ Shop: Field: SEP 16 1997 ,,. J Page 14 PROPOSERS QUALIFICATION FORM (continued) ltEFEREI~CE S: Bank (s) Maintaining Account (s) including maximum credit 1 ine: i Work in Progress: List the owners' names, phone numbers and dollars value for three most recent jobs completed or in progress List at least two (2) major suppliers from whom you purchase construction materials. List name and phone number(s) and credit limit of each. Provide a current list of at least three (3) sub-contractors with whom your company has done business. List name of Company, phone number(s), and contact person for each sub. Subcontractor Contact Person Phone No. PROPOSERS QUALIFICATION FORM (Continued) Page 15 OLIST MAJOR WORK UNDER CONTRACT: % Completed ~ro~e¢~ Contract Amount LIST CURRENT PROJECTS ON WHICH YOUR FIRM iS THE CANDIDATE FOR AWARD: you, at any time, failed to complete a project? [_] Yes [_~No Are there any jud~ents, claims or suits pending or outstanding by or agaiz you? [_] Yes [~No O~f the answer to either question is yes, submit details on separate sheet. List all lawsuits that have been filed by or against your firm in the last (5) years: SEP ! 1997 Page 16 PROPOSERS QUALIFICATION FORM (Continued) Pursuant to information for prospective bidders/proposers for the above-mentioned proposed project, the undersigned is submitting the information as required with the understanding that it is only to assist in determining the qualifications of the organization to perform the type and magnitude of work intended, and further, guarantee the truth and accuracy of all statements herein made. We will accept your determination of qualifications without prejudice. Date: SEP ! S Page 17 ~HIS FORM IS TO BE CO~LET~ ~ P~ WITH T~ PROPOSAL ~WORN STATEM~ ~I~DER SECTION 287.113 (3) (&) , FLORIDA STATIrTES ON PUBLIC E~I%~f CRIMES THIS FOP34 MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY PU~ OR OTHER OFFIC£R ALrfHORIT. ED TO ADMINISTER OATHS. 1. This swom-n statement is submitted to the ~ollie~ Board of County Commissioners by [print individual's nmmm an~ title] for whose [print name of ehti~y submitting sworn statement] business and (if apDlicablel its Federal Employer Identification Number {If the entity has no FEIN, include the Social Security Number individual signing this sworn statement: ~a. )' 2. I understand that a "public entity crime" as defined in Para. 287.13 ~_~ ~, means a violation of any state or federal law by with respect to and directly related to the transaction of business public entity or with an agency or political subdivision of any or with the United States, including, but not limited to, any contract for goods or services to be provided to any public enti~ agency or political subdivision of any other state or of the Unite and involving antitrust, fraud, theft, bribery, collusion, rack{ conspiracy, or material misrepresentation. 3. I understand that ,convicted" or .conviction" as defined 287.133(1) (b), ~ ~-~, means a finding of guilt or a conw a public entity crime, with or without an adjudication of guilt federal or state trial court of record relating to charges br indictment or information after July 1, 1989, as a result of a jury non-jury trial, or entry of a plea of guilty or nolo contendere. 4 I understand that an ,,affiliate: as defined in Para. 287.133{1) (a) ~, means: N~D~I 1 A predecessor or successor of a person convicted of a · SEP 1 $ crime: or Page 18 2. An entity under the control of any natural person who is management of the entity and who has been convicted of a public crime. The term "affiliate. includes those officers, directors, exe~ partners, shareholders, employees, members, and agents who are management of an affiliate. The ownership by one ~erson of constituting a controlling interest in another person, or a X)oo equipment or income among persons when not for fair market value arm's length agreement, shall be a prima facie case that one person another person. A person who knowingly enters into a Joint-venture person who has been convicted of a public entity crime in Flor/da preceding 36 months shall be considered an affiliate. Continued P16 Page 19 THIS FORM IS TO BE COM~LETEDAND RETURNED WITHTHE PROPOSA~ 5. I understand that a "person" as defined in Para. 287.133(1) (e), ~, means any natural person or entity organized under the laws state or of the United States with the legal power to enter into a contract and which bids or applies to bid on contracts for the provi goods or services let by a public entity, or which otherwise trans~ applies to transact business with a public entity. The term includes those officers, directors, executives, partners, shareh employees, members, and agents who are active in management of an ent 6. Based on information and belief, the statement which I have marked b true in relation to the entity submitting this sworn statement. ~NDICATE W'HICH STATEMENT APPbiES)' v~ Neither the entity submitting this sworn statement, nor any of. directors, executives, partners, shareholders, employees, memb~ agents who are active in management of the entity, nor any affil: the entity have been charged with and convicted of a public crime subsequent to July 1, 1989. The entity submittin9 this sworn statement, or one or more officers, directors, executives, partners, shareholders, emp] members, or agents who are active in management of the entity, affiliate of the entity has been charged with and ¢onv£c~ed of a entity crime subsequent to July 1, 1989. v The entity submitting this sworn statement, or one or more officers, directors, executives, partners, shareholders, members, or agents who are active in management of the entity, affiliate of the entity has been charged with and convicted of a entity crime subsequent to July 1, 1989. However, there has subsequent proceeding before a Hearing Officer of the State of F1 Division of Administrative Hearings and the Final Order entered Hearing Officer determined that it was not in the public inter. place the entity submitting this sworn statement on the con vendor list. [attach a copy of the final order] I UNDERSTARD THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTIN~ OFFICER PUBLIC ENTITX IDENTIFIED IN PARAGRAPH ONE ABOVE IS FOR THAT PUBLIC ENTIT AND, THAT THIS ~ORM IS VALID THROUG~ DECEMBER 31 OF THE CALENDAR 1'EAR IN IT IS FILED. I ALSO UNDERSTAND THAT I AM REQUIRED TO INFORM THE PUBLIC PRIOR TO ENTERIN~ INTO A CONTRACT IN EXCESS OF THE THRESHOLD AMOUNT P~0VI SECTION 287.017, FLORIDA ~TATUTES FOR CATEGORY TWO OF ANX ~ INFORMATION CONTAIN IN THIS FORM. (Signature) ~.~ Sworn ~o arid subscribed before me , 19 ~ this Form PU~ 7068 (Rev. 06/18/92) Page 20 No=ary P ~ co~ '('Printed SEP 16 Page 21 REQUEST FOR PROPOSALS NO. 94-22e0 THIS SHEET MUST BE SI(~NED BOARD OF COUITrY COMMISSIONERS COLLIER CODITrY, FLORIDA Housing ~d Urb~ I~rov~en2 Depar~en2 PROPOS~S ~ LIST I M P 0 R T A N ~ Please read carefully, ~i~ in ~he spaces Andica~ed ~d re~u~ with your Proposal. Proposer should check off each of ~he following items as the necessa~ action is co. Is=ed: The Proposal has been signed. Any required drawings descriptive literature, included. ' etc. have been Any addendum have been signed and included. The mailing envelope has been addressed to: Housing and Urban Improvement Director Board of County Commissioners Collier County Community Development Center 2800 Horseshoe Drive North Naples, Florida 33942 The mailing envelope must be sealed and marked with: Proposal Number; Proposal Title; Due Date. ~'Sig~ature & Title The Proposal will be mailed or delivered in time to be received no later than the specified due ~a~e a~4 time (Otherwise Proposal cannot be considered.) ' ALL COURIER-DELIVERED PROPOSALS/RFp MUST HAVE THE PROPOSAL/ RFP NUMBER AND TITLE ON THE OUTSIDE OF T~E COURIER PAC~T SEP ! 6 1997 AnY delivery information required is included. If required, the amount of Security deposit has been checked and included. Page 22 CONTRACT PROPOSAL Page 23 OBOARD OF COLD;TY COMMISSIONERS Collier County Courthouse Naples, Florida 33962 RFP %94-2290 "Rssidmntial Rehabilitation Program" Dear Com~nissioners: The undersigned, as proposer, hereby declares that he has examined the Scope of Services, and informed himself fully in regard to all conditions pertaining to the work to be done for the develop~nt of a Residential Rehabilitation Program for Collier County. The proposer further declares that the only persons, company or parties interested in this Proposal or the Contract to be entered into as principals are named herein; that this Proposal is made without connection with any other person, company or companies making a Proposal; and it ia in all respects fair and in good faith, with out collusion or fraud. The service to be furnished by us is hereby declared and guaranteed to be in conformance with the specifications of the The undersigned do agree that should this proposal be accepted, to execute the form of contract and present the same to the County Housing and Urban Improvement Director for approval within ten (10) days after being notified of the awarding of the contract. The oundersigned do further agree that failure to execute and deliver said forms of contract within ten (10) days will result in damages to the County. IN WITNESS WHEREOF, WE have hereunto subscribed our names on this ~7'~ day of ~ . 1997 in the County of ~, in the state of ~ Proposer's ~omplete-Legal Name (Circle one): ~orDoration~ Sole Proprietorship, Partnership Phone No. Address City ~nd State Typed and Writ~ Title NON-PROPOSER'B REBPONSE Page 24 RFP #94-2280 For purposes of maintaining an accurate vendor's list and facilitating your firm's response to our RFP invitation, we are interested in ascertaining reasons for prospective proposer's failure to respond to RFP invitations. If your firm is not responding to this RFP, please indicate the reason(s) by checking any appropriate items(s) listed below and return this form to Ms. Gwen Butler, Senior Buyer, Collier County Purchasing Department, County Government Center, Building "W" Naples, Florida 33962. ' Failure to respond to two successive RFP invitations, or return this form will result in r~val of your firm's name from~ our vex~or's list. We are not responding to this RFP invitation for the following reason(s): Services or materials requested not manufactured by us or available to our company; Our services or materials do not meet specifications; Circle one Specifications were: Not clearly understood, Not applicable, Too vague, Too or ; Insufficient time allowed for preparation of RFP; Incorrect address used. Please correct mailing address: no~ rigid, Other reason(s): Name of Firm: Mailing Address: City, State, ZIP: Phone ( } FAX By: Signature of Representative · Internal Revenue Service District Director Department of the Treasury O D~e: MAR 0 B ~79 .59-1230583 ~u~tinE Pedod J'une 30 Colltez County Hen~al Realch Clinic, Inc. 6075 Goldan GaCa Parkway N~ple~, Florida 33943 C. ~arley Co~.a~T~Numbe~. 904 791-283~ D~ar Applicant: Based on information supplied, and assuming your operations will be as stated in your application for recognition of exemption, we have determined you are exempt from Federal income tax under section 501(c)(3) of the Internal Revenue Code. We have fUrther determined that you are not a private foundation within the meaning of section 509(a) of the Code, because you are an organization described in section $09(a)(1) & 170(b)(1)(A)(vi). If your sources of support, or your purposes, character, or method of operation change, pleue let us know so we can consider the effect of the ch.ange, on your exempt status and foundation status. Also, you should inform us of all changes in your na~e or address. Generally, you are not liable for social security (FICA) taxes unless you file a waiver of exemption certificate as provided in the Federal Insurance Contributions Act. If you have paid FICA taxes without filing the waiver, you should contact us. You are not liable for the tax imposed under the Federal Une~rploy~ent ?exAct (FUTA). Since you are not a private foundation, you are not subject to the excise taxes under Chapter 42 of the Code. However. you are not automatically exempt from other Federal excise taxes. If you have any questions about excise, employment, or other Federal taxes, please let us know. Donors ~ay deduct contributions to you u provided in section 170 of the Code. Bequests, legacies, devises, transfers, or gifts to you or for your use are deductible for Federal estate and gift tax purposes if they meet the applicable provisions of sections 2055, 2106, and 2522 of the Code. The box checked in the heading of this letter shows whether you must file Form 990, Return of Organization Exempt from Income tax. If Yes is checked, you are required to file Form 990 only if your gross receipts each year are normally more than $10.000. If a return Is required, it must be filed by the 15th day of of the fifth month after the end of your annual accounting period. The law imposes a penalty of $10 a day, up to a maximum of $5,000, when a return is ftl.~ l~te, unless there is reasonable cause for the delay. ,oo w.., ,., s,.. ... ,,--., · You are not required to file Federal Income tax returns unless you arm subject to the tax on unrelated business income under section 511 of the Code. If you are subject to this tax, you suet file an income tax return on For~ 990-T. In this letter, we are not determininq whether any of your present or proposed activities are unrelated trade or business as defined in section 513 of the Code. You need an employer identification number even If you have no employees. If an employer identification number was not entered on your application, a number will be assigned to you and you will be advised of it. Please use that number on all returns you file and in all correspondence eith the Internal Revenue Service. Because this letter could help resolve any questions about y~ur ~x~mpt status and foundation status, you should keep it in your permanent records. " If you have any questions, please contact the person whose name and telephone number are shown in the heading of this letter. .... ~'~; , ... Sincerely yours, District'Director ':~ '- '! f .,~ This determination letter modifies our letter of Octobez, 1969, holding you exempt under section $01(c)(3) to the extent ~hat it ia inconsisten~ vith this letter. [ SEP 1 t~ 199 Le~te¢ ~47(D0~(~77 February lg, lg97 FLORIDA DEPARTMENT OF STATE Sandra B. Mortham CSC - DEBORAH SCHRODER TALLAHASSEE, FL Re: Document Number 714776 HOUSING PARTNERSHIP OF C~t?'~'~'''~' ~,~e,.,o, .~.s...narne_. %0 COMMUNITY were filed on February 13, 1997. '""'"'"" ,.,,..,ul,~, T, ir~., a Plorida corporation, Should you have any questions concerning this matter, please telephone (904) 487-6050, the Amendment Filing Section. Darlene Cormell Corporate Specialist Division of Corporations Letter Number:. 997A00008779 Division of Corporations - P.O. BOX 6327 -TalIahusee, Florid SEP 16 1997 COLLIER COUNTY MENTAL HEALTH CLINIC, INC. ~ -'~.~_~.~ of Colli~ Coun~ Clh~ic, Inc., s Florida non-profit corporation, hereby c~'fif~ thst the followi~ r~-~tamn~ai ofu'~ ~tici~ of Incorpo~on w~ duly ~lopi~d ~ il~ ~ of?n~s m~aing duly h~ld by tl~m onth~ 19th day of D~n~ber, 1996. Th~ ~ glicl~s do ~t ~ ~c offs ~flon is now CO~~ HOUS~G P~~~P OF COLL~ ~~, ~C. ~s ~mtion is ors~ p~t ~ ~ ~sio~ of~ ~ N~fii ~ of gfl~ '~~ Devclopmcni Co.ration Sup~ ~d ~si~ ~c p~cip~ offi~ for ~c ~cfion ofb~Mc~ offs ~on s~l Golden Gatc Pgk~y, Naplcs, Flofi~ 341 ~c Rc~i~c~ A~t is V~ Fi~ l~t~ at ~7~ Gold~ ~ P~Y, Napl~ Flofi~ 34116 for ~ of ~. ~e p~ for ~ch ~s ~on ~ fo~ is for ~c ~c dcvclopm~i of ~dc~fi~leg~ ~sldcn~ of ~llig ~, ~ofi~ (A) ~, ~ific ~ ~ P~ ~: (1) To prc~e ~d ~ ~ ~k ~ ~ ~ ~ (2) To ~dc ~u~go~ job op~fies ~d ~ ~c d~lo~i (3) To cl~ ~ndifions ofsl~ ~ bll~t by ~pm~S (4) To ~mulale public ~d pfivaic ~v~i ~ ~ ~ (5) To ~d ~ op~g~ ~ ob~n ~ low ~ ~ for Iow ~d (6) To cx~d ~ o~g~ av~lable ~ ~d ~ ~ ~ ~ o~ mate, ~d o~i~ b~iness eni~ ~ ~ ~ ~elo~ of l~ly o~ or o~i~ b~c~ ~t~ ~ ~~ly (7) to assist said residents and groups in obtai~g financial support ~'om other To pa~clpate ~ the $.B.A. loan prog~ tmcler $~ct/on $02.~0~ ~d in otl~r applicable programs of the Small Business Administration Act of 1959, as mended. To aid, support and assist by gift.s, contributions or o~hen~,ise, o~her corporations, community ch¢~ funds and foundatio~ organized and operaled exclusively for charltable, religious, ~cientifi¢, literary or educational proposes, no part of the activities of which is carrying on propaganda, or otherwise atlemptlng to influence legislation. (B) In furtherance, but not in limitation, of the foregoing ctuaritable and educational purposes, the corporation shall have the following pov~-m: (I) To solicit, collect, and receive money and other asse~ and to ~lm.~ funds and contributions received by grant, gift, deed, bequest, or devise, and otherwise to account money, securities, property, tights and serviees of every kind and description, and to hold, invest, expend, contn'bute, use, sell or otherwise dispose of any money, securities, property, figtas or services, property, fights or services so acquired for the purposes above menti~ (2) To borrow money and to make accept, endorse, execute bonds, debentures, promissory notes, and for property acquired or for sar/ofthe purposes of the Corporation and to secure payment of any such obligation by naortga~ pledge, deed, indenture, ngreement or othea' ~ oftmst, orby lien upon, assignment ofor agreement reganl to all orany pert oftlm ~, fights or privileges of the Corporation. (3) To invest and reinvest its funds in such mortga~ _b~__. noa~ sha~es of preferred and common stock and any other secm~ies ogany kind the Corporation's Board of Directors shall deem ndvisa~ and as ma,/be permitted by law. (4) To provide advice, support, credit, funds, capital, gi/ts and other lawfid forms of assistance, f'mancial and otherwise to or for use in lmsiness owned or destined to be owned, by said residents and groups. (5) To furnish management, sdministrafion and oOm' lanitmss advice, support, training and technical assis-tanee to said residents nad gnmps in order to enable them to develop necessary skills to suc. c. essfully operate ~ ventures. (6) To encourage and voluntary assist said residents and grtmps to create, acquire, obtain financing for, own, manage and operate business enterprises. (7) To obtain information and conduct research, studies, and analysis oftbe problem of said commtmity, and prepare and publish reports, as to any and all matters that may be of use in furthering the expansion oflatfiness enterprises owned or operated by said residents ~xl groups, including information, research, studies, analyses and reports ss to m~tttels, products, service skills, sources of financing and all other matters. $£P 18 (8) To conduct educational and other efforts to eliminate prejudice and discrimination in the business and financial communities, to foster the establishment of sound *nd conswactive relationskips between the business and financial communities and said residents and groups seeking opporttmities (9) To aid, support and assist by glfLs, contributions, loan, investments and other lawful forms of assistance other persons, or organizations seeking to expand ~he opportunities for business ovmership by said residents taxi ~rotrps in organizing, crea~g, s,:quiring, obtaining fnancing for, ow~_ ~,,~, mamgL~ and operating business enterprises. (10) To conduct educational activities designed to Ixovi& instmctio~ or training of said residents ~ groups for purposes of i_,~.mxn~8 or de~dopi~ ~ capabilities, language and job sidlls, md the i~mx:tiom ot'e~e public ee (11) To engage in bo~ Ixoduction taxi related ectivlties in eeter I° imlx°ve the living ccnxlitions of saki resldenu ami groups. (12) To engage inibe aciivity ofoperating busL,~rs----' ve~tures for the purpose of providing job ~raining. employme~ mxl mamg~ development opportunities to said residems md groups for the charitable purpose of furthering the ecooomic development of the community. (13) To engage in any and all other activities which will directly or indirectly improve the welfare and economic conditions of said residents and groups. (14) To exercise all their rights ar~ powers conferred upon corporations formed under the General Non-Profit Corporation Law of the State Florida, provided, however, that the Corporation shall not engage in any activities or exercises and powers, including those specifically mentioned herein, that are not in furthermce of the specific and primary charitable, and educational purposes of the Corporation. No subs~ntial part of the activities of the Corporation shall be the canying on of propaganda, or otherwise attempting to influence legislation, and the Corporation shall not participate in or intervene in, any political campaigning on behalf of any candidate for public officc. Notwithstanding any other provisions of these articles, thc Corporation shall not cant on any activities not permitted to be carried on by a corporation exempt from Federal and State income taxes under Section 501(CX3) of the Internal Revenue Code of 1954 and appropriate section of'applicable state law as the same may be amended from time to time. Thc Corporation shall have seven (7) Directors. Thc Board of Directors shall be composed of one (i) pcrson from each of thc following categories or positions: (i) the Executivc Director of David Lawrence Mental Health Center, Inc.; (ii) the Affordable Housing Property Manager of David Lawrence Mental Health Center, Inc.; (iii) the Housing Manager of the County Housing & Urban Improw-m~ for Collier County, Florida; (iv)er/cl~ of Directors of David Lawrence Mental Health CenteG. (v) a local minlst minority user o! affordable housbag, or representative thereof; and (vii) any other resident of' Collier County, Florida, not affiliated with local government, or agencies or advisory boards lhereof. The number of Directors may increase or decrease from time to time by By-Laws adopted by the Board of Directors, but shall never be less than thr~ (3). This CorpOration shall exist perpetually. The qualifications for membership shall be open to n:sidenls and bns~ness owners lli )'ears ~nd over of the Collier County "Target Area". These Articles of Incorporation may be amended in the manner provided by la~v. Every amendment shall be approved by a majority ofthe Board of Directors. The Dh'ectors shall be those persons designated in the Articles of Incorporation offs Corporation, and the successor to each class of Directors whose terms expire each year sMll be appointed by the Board of Directors of the Corporation at the Annual Meeting of the Corporation. The By-Laws of the Corporation shall be made by the Board of Dh'ectors of the Corporation and amendments to those By-Laws may be made at any meeting of the Board of Directors by a two-thirds (273) vote of all Dh'ectors. Under no condition whatsoever shall any pan of the net earnings of thc Corporation inu~ to the benefit of any board member, member, founder, contributor or individual. The names and addresses of the persons who ~ appointed to act in the capacity of Director until the election oftheLr successors at the Armual Meeting are: David C. Schimmel Executive Dh'ector David Lawrence Men~ Health Cenler, Inc. 6075 Golden Gate Parkway Naples, Florida 34116 Vanessa Fitz Affordable Housing Proper~ Manager David Lawrence Mental Health Center, Inc. 6075 Golden Gate P~rlcw~y Naples, Florida 34116 Barbara June Goodwin Housing Manager County Housing & Urban Improvement 2706 Horseshoe DHve South Naples, Florida 34104 Shaun Kelly member - Board of Directors David Lawrence Mental Health Center, Inc. 801 Anchor Rode Drive Naples, Florida 34103 1997 $~nes E. Kirk Minister Moorings Pr~byterian Church 791 Harbour Drive Naples, Florida 34103 Elizabeth Per~z ImmokaIee minority r~'~nmive 201 North Fi~t Su-eei Immokalee, Florida 33934 Joan Huff 782 93rd Avenue North NapIes, Florida 34101~ WITNESS WHEREOF, the undersigned has execuled these Articles of,amendment this ..[ ,~Nday of Febreary, 1997. · By: Vaaessa F|tz Its: Pr~sMent By: Ba,~ua ~u~ C-~odwin Its: Sea-tar?-~ STATE OF FLORIDA COUNTY OF COLLIER BEFORE ME, a Notary Public autho~_~_ to talce ac. knowledgraems in the state and county set forth above, pexsonally apl:eared Vancssa Fitz, as President of Collier Com~ Mental Health Clinic, Inc., who are personally known lo me, sad known by me lo be th~ ~ who executed thc foregoing Amended and Restated Articlea of Incorporation, taxi they acimowledged befor~ me that they execuled ~hose Ameaded and Resined Ardcle~ of ~fion. l WITNESS WHEREOF, I have ber~mto scl my hand and alT~xed my official seal, in h~e slate and county aforesaid, thls/,~ day of February, 1997. ~aryPubHc 0 STATE OF FLORIDA COUNTY OF COLLIEK BEFOKE MF~ a Not~ Public authorized to take acknowl~l~n~at~ In ~ ~ ~ co~ ~ fo~ a~v~ ~ly a~ B~ ~ ~~ ~ ~ of~ Co~ M~ H~ Cftc, I~., who ~ ~ly ~ ~o m~ ~ ~ ~ me m ~ ~ ~ ~o ~ ~ lo.gong ~ ~ ~t~ ~cl~ of~~ ~ ~ ~owl~g~ ~forc me ~t ~cy ex~ ~o~ ~d~ ~d R~ ~cl~ of WITNESS WHEREOF, I h~ve hereunto ~'~ my lured ~nd ~rutocl my official ~ In the ~ county ~t'or~id, ~ ~ d~y of Febru~, 1997. Public ACCEPTANCE OF REGISTERED AGENT Having been named to accept service of process for COLLIER COUNTY MENTAL HEALTH CLINIC, INC., now imown a.s COMMUNITY HOUSING PARTNERSHIP OF COLLIER COUNTY, INC., a Florida corporation, si thc placc dcsignated in these Amended and Rcs~atexl Artlclcs of Incorporation, I hereby accept the appointmcnt to act in this capacity and I am familiar with and agree to comply with the laws of thc State of Fiorlda in keeping open said ofice. VANESSA FITZ 6075 Golden Gate Park'way Naples, Florida 34116 EXECUTIVE SUMMARY RECOMMENDATION THAT TI-IE BOARD OF COUNTY COMMISSIONERS AUTHORITy_ THE CHAIRMAN TO ACCEPT TH~ RECYCLING & EDUCATION, WASTE TIRE, AND LITTER CONTROL AND PREVENTION GRANT AGRF£MENTS AND AUTttORIZE THE SOLID WASTE DIRECTOR TO SIGN TttEM. ~: To have the Board of County Commissioners a~thorize the Chairman to accept the Recycling & Education, Waste Tire, and Litter Control and Preven~on Gran~ agreements and authorize the Solid Waste Director to ~fign them. CONSIDERATION: The Solid Waste Manage-merit Act of 1988 mandates that each county reduce its waste stream by 30 percent through recycling by ',he end of 1994. For the past nine years the Florida Department of Environmental Protection has made these reimbursement grants available to a~d in recycling, recycling education, and waste tire removal. Additionally, in 1993 the Florida legislature adopted a statewide $0% litter and marine debris reduction goal that was to be reached by January 1997. The State of Florida has developed a grant program providing money to establish litter prevention pro,rams which is now in its fourth year. The Recycling & Education Grant award totals $100,047.00. Allowable expenditure of funds is for planning and implementation of recycling and educational projec~ for residents, businesses, schools and county entities. The categories are ~alaty, promotion, education, remittance to the City of Naples portion, and the purchase of recycling products. The Waste Tire Grant award totals $I 13,012.00. Funds 'will be used to pay for proper disposal of illegally dumped ~ collected by ~tate and county governme~ agenc~ as well as for the purchase of equipmem to collec~ illegally disposed tires and other mosquito breeding waz-te, promotion of proper disposal of used tires and for the purchase of recycled tire products. The Lkter Control and Prevention Cram award totals $19,165.00. Funds win be used to continue ~apport of Keep Collier Bem..fiful, a relatively new chapter in the Keep America Beaut~l system. It will al~o be u~d to promote litter preve~on through special events and liner education, and for the purchase of P~rns to enhance litter prm~ntion. Grant applications, agreement~ and submittals for reim~ w~l be aigned by the Solid Waste Director, the authorized ~five. $100,047 lo Fund: Co~t Cema: $113,012 to Fund: Co~t Center: $19,165 to Fund: Cog Center: ge~teling (47'2) Re~ & Eductfion (173422) Recycling (472) W~te Tire C:n'mat (173423) Recycling (472) Litter Control & Prevention Cn'~nt (1'/3426) GROWTII MANAGEMENT IM~A~: Coralate~t with I~.CO~NDATION: That tb~ Board of County Commit~ot~-a authorizo tl~ ~ to ~t ~e 1 ~7~8 ~ ~ ~ ~~s ~at the Board approve the associated budge~ V~ W. R~ ~or, ~ W~e Management Department REVIEWED BY~ PUBLIC WORKS DIVISION ' Departme:nt of Environmental Protection Lawto~ Chiles Governor Twin Towers Or, ce Building 2600 Blair Stone Road Taflahassee. Florida 32399-2400 R~C~ZNG & ~3'C~ZON GRJ~3~ &GlI~4~3~ tr~D~3~ B~C~ION 403.70t5, r~ORZD& 1~&217~S PART X - GR~T NOTIFICATION ZWII~]KI,~TZON l. Grant Number: 3. Grant Title: 4. Grant Period= 5. Grant Amount= RE98-09 2. Date of Award= July 1, 1997 SOLID WAf~ ~-ECYCLzNG AND ~DUCATXON G]UI~T ~tober l, 1997 - Sept~er 30, 199l 100,047 Base Portion: $ 25,866 Incentive Portion: S 74,~8~ Total Grant Amount: $100,047 Grantee(a): COLLIER COUNTY Address: 3301 Tamiami Trail East Naples, Florida, 34112 Federal Employer Identification Number: ~ecvclino and EducatLgR 59-6000558 Authorized Representative= N&me: T£tle: David W. Russell Solid Waste Director Phone: 941-774-8097 9. Contact Parlon: Address: Joan B. Mayer Recycling Coordinator 3301 Tamiami Trail East, Health/Comm. Serv. Bldg. Naples, Florida, 34112 Phone: 941-732-2508 10. Total population of Grantee(s) from official April 1, 1996, Population Estimates: 193,036 ll. Issuing Office: Florida Department of Environmental Protection Bureau of Solid and Hazardous Waste 2600 Blair Stone Road Tallahaaaee, Florida 32399-2400 (904) 488-0300 'Trote~ Conser, e ond Moncfe ~ori~a~F.m,ironmentond Naw~lRes~es' AG 5o PART II - GRANT CONDITIONS GENERAL CONDITIONSt The method of payment, for the period October 1, 1997 through September 30, 1998, will be on a reimbursement basil only. The grantee shall elect to submit reimbursement rSClUeSts on either a monthly or quarterly basis. The method chosen shall be followed for the entire grant period. An original of the reimburs~nt request, with sum~aries and appropriate contracts attached, shall be du~ on the last day of the month following the end of the reporting period (monthly or quarterly). Each reimbursement request shall be submitted in detail sufficient for pre audit and post audit review. Grant funds may be expended through September 30, 1998. A final reimbursement request must be lub~.lttld no latlr than October 1998. Reimbursement requests must be signed by the designated Authorized Reprementativs. This should be the same person who signed the grant agreement. If there is a change in the authorized representative during the grant period, the Department must be notified of the new representative by resolution or minutes of a commission meeting. Expenditures shall be limited to allowable items aa listed in Section 62-716.430 of the Solid Waste Grants Program Rule= Solid waste recycling grants shall be used to provide funding for recycling program capital costs, which include equipment purchases, solid waste scales, facility construction and other such costa approved by the Department. (b) (c) (d) (e) Grant funds may also be used for operating subsidies, provided that the applicant shall demonstrate that ouch · uae is necessary for the success of the recycling program, and shall show how the subsidy will benefit the program. Recycling grant funds shall be used for projects to assist local governments in recycling paper, glass, plastic, construction and demolition debris, whi~e goods, and metals and in compoating and recycling the organic material component of municipal solid waste. Solid waste education grant funds shall be used to promote recycling, volume reduction, proper disposal of solid wastes, and market development for recyclable materials. Up to 30 percent of grant funds may be used for planning studies to llltll the feasibility and luccell of the recycling and education programs. All existing public and private recycling infrastructure shall be fully used to the extent possible when planning and implementing the local government recycling programs. Funds ~ shall not be used for duplicating existing private and es '----~] that ouch exis=£ng programs cannot be integrated into t " 11. 12. 13. 14. Each recipient of grant funds shall maintain accurate records of all expenditures of grant funds ·nd shall assure that theme records ·re available ·t all reason·bls times for inspection, r·view or audit by Department personnel ·nd other permonnel authorized by the Department. Records shall be kept for · Period of at la·st 3 years following th· end of the grant Period. The grantee agrees that it will expeditiously init·ate and complete the program work for which assistance hem been awarded under this agreement in accordance with ell applicable provimionm of Florida Statutes and the Florida Administrative Code. Allowable costs may be charged to this agreement beginning either October ~, 1997, or the date this agreement il fully executed, whichever date Il later. Grant funds shall be included in the grantee's Annual Audit performed under the Single Audit Act (Al28). Any mubgrent· made by the grantee shall also include · provision for the eubgrmnted funds to be included in the subgrantee'm Annual Single Audit. A copy of ·11 Single Audits shall be submitted to the Department of Environmental Protection, Solid Waste Section, by Hatch 31st of each year. The Department has the right to terminate a grant award and demand refund of grant funds for non-compliance with the termm of the award or the Solid Waste Grants Program Rule 62-716. Such action may also result in the Department declaring the local government ineligible for further participation in the program until the local government complies with the terms of the grant ·ward. Grantee mhall obtain all necessary construction-related permitm before initiating construction. The State of Florida's Performance and obligation to pay under this grant agreement lm contingent upon receipt of fundl presently anticipated from the Florida Depar:ment of Revenue. Travel expenses incurred ·re included in the amount of this grant and no additional travel expenses will be authorized. Any requests for reimbursement of travel expenses must be mubmitted in accordance with Section 112.061, Florida Statutes. The Department reserves the right to unilaterally cancel this contract for refusal by the grantee to allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119, Florida Statutes, and made or received by the grantee in conjunction with ~hia grant. The Grantee is prohibited from using grant funds for the purpose of lobbying the Legislature or · State Agency. Grant · RZ98-09 OPI"~X ~ ACC:~I)T~XC~ The S~&te of Florida, act£ng by and through tht Departa4nt of Environ~lnt&l Protection, hereby offerl aallltance to the loc&l government(a) of Collier County, and the cities of Naplel end Evergladel for all ello~able COltl incurred up to and not exceeding $100,047. Grant Application dated 06/23/9?, Included herein by reference. THE STATE OF FLORIDA BY THE DEPARTMENT OF ENVTRO~H~NTAL I~ROTECTIO~t John M. Ruddell, D~r~tor~ Dlviaion of Walte Man&ge~ent Date undersigned reprelenta that he Il duly authorized to ac~ off behalf of the recipient county, and (2) the recipient agrees to the general and Ipecial cond£t£Onl. BY A~D ON BEHALF OF THE DESIGNATED RECIPIENT COUNTY: Solid Walte Dlrec=or Pleale re~urn to: Department of Environmen~al Protection Bureau of Solid end H&z&Fdoul Walte Sol£d ~aate Section - H.S. # 4565 2600 Bl&£r Stone Road Tallahaseee, Florida 32399-2400 Department of Environmental Protection Twin Towers Ofllcs Bulldinl 2600 Blair Stor~ Road Tallahasses, Fio~ld~ 3239~-2400 FOR ST~ ASSIST. A,WCB UXDEX SeC~IOM 403.?09S, FLORIDA PA~ Z - GX.I~r~ #OTXFIC~.~IO# 1. Grant Nu__mber: 3. Grant Title: 4. Grant Period: S. Grant Amount: 6. Grantee(e)s Address: 10. WT98-11 2. Date of Awards W1JTE TIRE SOLID W~STE GJtAI[T October X, 1997 - lept~or 30, 1998 $113,0~2 3301T~l~ Trail East Naples, Florida, 34112 Federal Employer Identification Number: Authorized Representative: N~e: David W. Russell Title: Solid Waste Director Phones 941-774-8097 Contact Person: N~me: Joan B. MIyIr Address: 3301 Tamllmi Trail East Naples, Florida, 34112 Phone: 941-732-2508 Sg-$000658 .Total population of Gr&nteeCs) from official April 1, 1996, Population ]ltJ.~l&tllS 193,036 11. Issuing Offices Florida Department of Environmental Pro:ecC£on Bureau of Solid and Hazardous Waste 2600 Blair Stone Road Tallah&llle, Florida 32399-2400 ~904) 488-0300 t "Protect. Conse~ and Manage Flo~do's ~nment and N~ral Res~m~ Vkl~a & Wed~4~l July l, 1997 PART I! - GRANT CONDITIONS GENERAL CONDITIONS, The method of payment, for the period October 1, 1997 through September 30, 1998, will be on · reimbure~ent basle only. The grantee Ihell elect to submit reimbursement requests on either a ~nthly or quarterly basil. The Mthod chosen shall be followed for the entire grant period. An original of the reimburl~nt request, with i~--~ries and appropriate contracts attached, shall be due on the last day of the ~nth following the end of the reporting period (~n~hly of ~ar~erly). Each re~urs~n~ re~ee= shall ~ submit=ed In detail euffAc[en~ for pre-audi2 and ~st-audl~ review. Grant funds may be expended through September 30, 1998. A final reimbursement request must be eubmitted no later than October 31, 1998. Reimbursement requests must be signed by the designated Authorized Representative. This should be the same person who signed the grant agreement. If there Il a change in the authorized representative during the grant period, the Department must be notified of the new representative by resolution or minutes of a commission meeting. Expenditures shall be limited to allowable items ae lieted in Section 62-716.620 of the Solid Waste Grants Program Ruler (e) Construct or operate, or contract for the construction or operation of, a waste tire proceweing facility and equipment purchases therefore~ (b) Contract for a waste tire processing facility me=vice within or OUtlide the county or itlte~ (c) Remove or contract for the removal of waste tires from the county, region, or itatel (d) Perform or contract for the Performance of research designed to facilitate waste tire recycling and to operate welts tire recycling and waste tire education programs. (e) Establish waste ~lre collection centers at solid waste disposal facilities or waste tire processing facllitiel~ (f) Provide incentives for eatabl£shing or expanding privately opera~ed waste tire collection centers for the publics (g) In addition to the use specified in paragraph (c), abate and provide mosquito con=re1 relating to waste tire lites, or other tire piles, end other Wilts debris litll in thl county identified by local mosquito control agencies al molquito breeding areas~ (h) Perform, or contract for the performance of, enforclmlnt and prevention activities to prevent the illegal tranlpoL-~at~on and disposal of waste tires end other Iolid Wlltl~ (l) Purchale materials and products made from waste tirel that are collected and recycled within thai Itate~ (J) Counties with populationl lell than 100,000 may ule welts tire grants for any purpose related to iolid waits management. 6e Up to five percent of · county"s grant for fiscal year 3gg?-g8 may be used for administrative costs ·nd planning or research studies to elSeSl thl fsssibllity of eltibllshing · regional waste tire progrL~. Each recipient of grant funds shall m·lntaln accurate records of all expenditures of grant funds end sh·ll ·ssure that these records are Iv·liable st all reasonable tames for inspection, review or audit by Dep&r~ment personnel ·nd o~her ~FIO~IX lu~horLzod by ~ho De~n~. bcords shall ~ ko~ for ~ of at least 3 years roll.lng tho end of the gr~t ~rl~. The grantee ·grass that ~t will e~d~t~ouely ~n~t~ate ~d tho progr~ ~rk foF which aomimt~ce ham ~en aw~ded under agrees· ~n accordance with all a~llc~le prov~m~onm of Florida Statutes ~nd the Flor~d~ A~Xfl~etr~t~ve Allowable costs may be charged to this agreement beginning either October l, 1997, or the date this agreement is fully executed, whichever date is later. Grant funds shall be included in the grantee's ~mnual Audit perfex-mad under the Single Audit Act (A128). Any subgrents made by the grantee shall also include a provision for the subgranted funds to be included in the aubgr&ntee's Annual Single Audit. l copy of all Single Audits shall be submitted to the Depert~aent of Environmental.Protection, Solid Waste Section, by March 31st of each year. 10. The Department has the right to terminate · grant award and demand refund of grant funds for non-co~pliancs with the terms of the award or the Solid Waste Grants Program Rule 62-716. Such action may also result in the Department declaring the local government ineligible for further participation in the program until the local government complies with the terms of the grant award. 11. Grantee shall obtain all necessary construction-related permits before initiating construction. 12. The State of Florida's performance and obligation to pay under this grant agreement is contingent upon receipt of funds presently anticipated from the Florida Department of Revenue· 13. Travel expenses incurred are included in the amount of this grant and no additional travel expenses will be authorized. Any requests for reimbursement of travel expenses must be submitted in accordance with Section 112.061, Florida St&tutes. 14. The Dep&rtment reserves the right to unilaterally cancel this contr&ct for refusal by the grantee to allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119, Florida Statutes, and made or received by the grantee in conjunction with this grant. 15. The Grantee is prohibited fro~ using grant funds for the purpose of lobbying the Legislature or a State Agency· 16. Each county, or association of counties, receiving funds frc~a the waste tire account shall submit an annual report to the Department accounting for the use of such funds. Grant ~MT~8-11 The State of Florida, acting by and through the Depart~nent of lnvlronmental Protection, hereby offers assistance to the county of Collier for all allowable costs Incurred up to and not exceeding $113,012. Grant Appltc&tion dated 06/23/9?, included herein by reference. ~ STAT~ OF FLORIDA BY ~[ D[P~T~OF ~I~NT~ PR~Z~s "~'~ohn H. Ruddell, Director Division of Waste ~(anagen~nt Date In accepting this award and any payments made pursuant thereto, (2} the undersigned represents that he is duly authorized to act on behal£ of the recipient countT, and (2) the recipient agrees to thl general and special conditions. BY AND ON BE~IAI, F OF TH~ DESIGNATED P-ECIPZENT COUNTyI Signature of Authorized Representative David W. Russell Solid Waste Director Date Please return to: Department of Environmental Protection Bureau of Solid and Hazardous Waste Solid Waste Section - 2600 Blair Stone Road Tallahassee, Florida 32399-2400 Department of Environmental Protection Twin Towers Office Building L~w:on Chiles 2600 Blair Stone Road Governor Tallahassee, Florida 32399.2400 1. Grant Numbers LC98-09 3. Grant T£tles 4. Grant Periods 5. Grant Amounts 6. Grantee(i): Addreal: 2. Date of Awards Augult 1, lgg7 $ 19,16S ~LLIER COUNTY 3301 T~i~l Trail EaIt Naplel, Florida, 341~2 7. Federal Employer Identification Number: 8. Authorized Representative: Name: David W. Ruiaell Title: Solid Waste Director Phone: g41-774-8097 9. Contact Person: S9-60005S8 NaJl~ s Address Joan B. Mayer 3301Tamiami Trail Bast, Nealth/comm. Serv. Bldg. Naples, Florida, 34122 Phone: 941-732-2508 10. Issuing Offices Florida Depart~aent of Environmental ProtectAon Bureau of Solid and Hazardous Waste 2600 Blair Stone Road Tallahassee, Florida 32399-2400 (904) 488-0300 "ProrecL Conserve ond A1onoge F/o6do% Environment o.d Noturol Resources" t . .// .... P~tT II - GRANT CONDITIONS GENERAL CONDITIONSz The Mtho~ of payment, will be on · reimbure~nt b·s£e only. authorized =eprelentatlve) through September 30, 1998. Authorized Representative and mum~ have an original signature (not a o~d signature). The Authorize~ Representative oh~ld ~ tho o~ ~roon who signed the gra~t application. If ~horo lea change In the authorized repreoentative during the grant ~r~, the Depar~nt must ~ notified of tho n~ representative by resolution or minu~es o~ a c~loolon Meting. The grantee shell elect to submit reimbursement requests on quarterly basis. An original of the reimbursement request with a summary of exI~endituree shall be due on the last day of the month following the end of the quarter. Each reimbursement request shall be submitted in detail sufficient for pre-audit and post-audit review. Grant funds may be expended through September 30, 1998. The date appearing on the check issued for an expenditure' will be the date used to place the expenditure in a reporting period and will be considered the date paid. A f£nal report mule bi lUbmitted no later than October 31, 1998. Existing public and private programs shall be used to implement this grant program before any new program will be approved. Funds shall not be used for duplicating existing public and private litter and marine debris prevention programs unless the applicant demonltrates that ouch existing programs cannot be integrated into the planned litter and marine debris prevention program. Expenditures shall be limited to the following two options, OPTION ! Grantees may spend 100% of the grant award for operating costs associated with education and prevention programs listed in section 10 and 11 of the grant application. These COltl will include rent, telephone, utilities, salaries and benefits, peerage, office equllx~nt and lU]llll, program ~aterl&l and marketing. OPTION 2 Grantees may use up to 35% of the grant award for operating costs for projects to aas£st local governments with the removal of litter and debris. The remainder of the award not spent on re, oval shall be used to fund educational and prevention programs. o · of ell expenditures of grant funds and shall assure th&t these records are available &t all reasonable times for inspection, rsv£ew or audit by Dspar~ent personnel end other personnel o~ at leae~ 3 ye~s roll.Lng the end of ~he gran~ ~r~. The the progr~ ~rk for which assistance has ~on awarded under th~. agree~nt ~n accordance ~h a~l a~l~c~le provis~ons of FlorLda S~a~utee and the Florida ~n~strat~ve ~e. The State of Florida's performance and obligation to Pey under this grant &grs~nt is contingent upon receipt of funds presently anticipated fro~ the Florida Department of ]revenUes contract for refusal by the grantee to sllo~ public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119, Florida Statutes, and made or received by the grantee in con~unction with this grant. The Grantee is prohibited fro~ uming grant funds for the purpose of lobbying the Legislature or a Stats Agency. Grant funds shall be included in the grantee's Annual Aud£t performed under the S£ngle Audit Act (A128). Any subgrants made by the grantee shall also include a p~ovision for the sub,ranted funds to be £ncludsd in the subgrantes's Annual Single Aud£t. A copy of all Single Aud£ts shall be submitted to the Depart~nt of Envirorm~ental Protection, Sol£d Waste Section~ by March 31st of each year. The State of Florida, acting by and throvgh the Deparl'--en~ o£ Gr~t A~pl~cat~on dated, 06/23/97 ~ncluded here~n ~ reference. ~ STA~ OF ~RZDA BY ~ DEp~ OF ~R~ John H. Ruddell, Director Division of Waste Kanagee~nt ~n accepting this award end any payments ~ade pursuant thereto, (~) the undersigned represents that he Il duly authorized to act on behalf of the recipient county, and (2) the recipient agrees to the general ~nd Zl~clal conditions. Signature of Authorized Representative Solid Waste Director Pleale return tO: Department of Environmental Protection Bureau of Solid lad Bazardous Waste Solid Waste Section - M.S. # 4565 2600 Blair Stone Road Tallahallee, Florida 32399-2400 EXE~ SUMMARy ADOPT A RESOLUTION AUTHORIZING ~ ACQUISITION BY GIFT OR PURCHASE OF ROAD RIGHT-OF-WAY, SLOPE, SIDEWALK, UTIIATY, DRAINAGE, MAINTENANC~ AND TEMPORARY CONSTRUCTION INTEREST~ BY EASE~ AND/OR FEE $ll~Pl.ir. TITLE FOR IMMOKALEE ROAD (C.R. 846) BETWEEN 1-75 AND C.R. 9~1, ~ NO. 0~. ~ To obtain nalxa-izadon from the Board of County Coc~Ass~oners (tho "Board"), to oorammion tad ~ of ~on improvmmm md r~hml facilifl~ for Immohle~ Road between 1-75 and C.IL 951. CONSIDERATION: On September 27, 1994, the Board adopted OMinance No. 94-54 therein establishing the 1994 (Sixth Annual) Capital Improvement Element of the Growth Management Plan. Adoption of the attached Resolution shall provide the Board's directive and authorization to staff to acquire the necessary easements and/or fee simple title for the Immokalee Road four-laning improvements betwe.-n 1-75 and C.R. 951, (hereinafter refcm-ed to as ~aroject-). FISCAL IMPACT; E$timated cost to purchase the right-of-way r~luir~ for construction of this facility is $1,082,000. This includes all operating ~ such as title policies, appraisal fees, staff time and condemrmtion expenses. Funds will be available FY 98 in: Fund: Cost Center: Project: 331 - Road Impact Fees (Diatrict 163650 - Road Impact Construction 69101 - Irnmokalee Road Project GROWTi~ MANAGEMENT IMPACT: As a 'Capital lmpwvemem Element project, the recommendation is consistent with the County's Growth Management Plan for CIE ~08. RECOMMI~NDATION; That the Boazd: (1) Adopt the anached Resolution authorizing ~.e acq%fisition by gift or ptacha~ the road risht-of-way, slope, sidewalk, utility, drainage, malntemmce and temixa.~ constn~on ~ by easement and/or fee simple title requ/red to complete the Immokalee Road four-laning improvements Project between 1- 75 and C.R. 951; and (2) Authorize the Chairman to execute the attached Resolution. P~ie 2 ~ecufive SummmT,-Immokalee Road Projea Wllma Iverson, $~nlor Spec¼li~t Real Property Management Department Micah lC Mas~aqu~.~pMp, Project Mamager Offlce,~f CapItal~iq~[ects Management Office of Capital Projects Managemeat REVIEWED BY: ~~ Ed lischner, Administrator Public Works Division DATE: DATE: DATE: ¸. I RF-~OLUTION NO. 97- 2 RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER ~ COUNTY. FLORIDA, AUTHORIZING THE ACQUISITION BY GIFT OR PURCHASE 4 OF ROAD RiGHT-OF-WAY, SLOPE, SIDEWALK, UTILITY, DRAINAGE. $ MAINTENANCE AND TEMPORARY CONSTRUCTION INTERESTS BY EASEMENT 6 AND/OR FEE SI~MPI~ TITLE WHICH ACQUISITIONS ARE REQUIRED FOR THE ? FOUR-~G I}d~R~ FOR IIvIMOKALEE ROAD BETWEEN I-'/5 AND 9 WHEREAS, the Bomf or Coumy Commissioner~ (Board), oo September 270 1994 10 Ordinance No. 94-54 therein establishing the 1994 (Sixth An~. ual) C. apitai lmprovemem Element of the 1 i ~ Management Plan in order to establish p~orities for the de~i~n, acquisition sad constru~on of ! 2 the various capital i,~,,overnent pro.~ec~ which comprise ~he Transpot~stion Elcrnem of the 13 Comprehensive Plan; and 14 WHEREAS. Se four-lanin~ roadway improvemcn~ to Immokalee Ro~d be~veen 1-75 and 15 C.R. 951 are component pa,r~ o£the Transportation Element of the County's Comprehensive Plan; and 16 WHEREAS, a~tenme locations, cnvironmental fnc~ors, long range planning,, cost variables, 17 concurrence, saC'cry s~l welfare co~iderations have been reviewod a~ ~hey relate ~o the implementation I 8 ofuid trsnsport~on improvements; and i! has bccn recommended by County Staff tha~ it is necessary ! 9 and in the best interc~ of Collier Coumy, Florida, to maintain flexibility over the acquisition of 20 prope~y ri~ts required for the const~ction of'the four-lanin~ roadway improvements for lmmoktlee 21 Road b~'wecn 1-75 and C.R. 95 I, hcrcina~tcr referred to u -Proje~- as idemified on Exhibit ,A= ~22 ~..hed hcr~o a~d inco~ ~crcin by rc£e~'cnce; and .': Wtt.EREAS, the design and construction ofsa~d transportation impr~vemcnts and related 24 £acilit~c$ have been d~ermincd by the Board Io be nocessa~.y and in the bcs~ interes~ o£ Collie~ Count~ 25 and 26 WHEREAS, the conm-uction of the transportation improvements and ~!-_!_,~_ facilities 27 cont~npla~cd by the Pro.~ec~ are neces~u-y ia order to pmt~ct the health, safc~y ~ ~1~ of ~ 2g citizens of Collicr County, and will auist Collier County in mectinl certain coocurnmcy rc~ts 29 of the Grov.~ Management Plan ~'or Collier County. -Page ! NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF 2 CO~-~.~:R COUNTY, FLORIDA, ~t: 3 I. The Boa~l ba~ cor~ideted the environm~ataJ factorL sM'eD' factors and fi~al coa~id~'atiora 4 ml,,qng m the final adopted location ofthe transportation improvement~ and related facilities. 5 2. The mad fight-of-way, slope, sidewalk, utility, dr~inage~ m~/nte~ance and temporary 6 construct/on/merits by e..a~emen~ and/or the fee simple t/fie acqu/sit/ons identified on Exhibit 'A" ~ ? the most feasible loc~t/or~, both necmsary and consistent w/th LI~ project requ/remen~, ia aadet to 8 permit thc co~u'truction and mantra, ncc of Ibc Inuupormioa impmvemeau md reLied ~acilitie~ faa 9 tmmoi~ee Ro~d bom 1-75 to C.R. 951. CIE No. 08. I 0 3. The Board hu deten~ned tim the co~u~ction and ma/ntg~mce of the fow-balal Irmqx~- I i ration improvemeau and related faciliLie~ are nece~m'y £or a public ~ and i~ ia the be~ ime~e~ 12 o£ Collie~ Coumy. 13 4. The cot~l~uction and maintenance of the tmupaamlo~ J,,,p,,~verr~U and rehted facilitiea age 14 compatible with the Ion~ range plannini goals ~ objectiv~ of the Grow~ Manaleme~t Plaa faa 15 CoIlio County. 16 5. It is necesa, ary and in thc be~t inte~u of Collier Count7 fro, the Board to acquire the toad i ? rig, hi-of-way, slope, sidewalk, utility, drainage., mainm~ance and temporary cotmm~oa imet~u by i 8 ~eat aod/or the fee simple title idmtified in F.x~bit 'A'; ~xl County StaJl'i~ hereby m,'tbodzed 19 md direct! m acquire by ~jfl aa po~.ha~e Ibc pe~e,~ eoo-cxclu~ivc, mad tip, hi.of, way, dope, 20 -;dewal~ utility, drainage, maintenance and lemporary c~m~ucti~ ~ by eam'ae~ md/aa fee 21 ~imple fi~le on the properge~ ideatified ia F. xlgbi~ 'A'. 22 6. The ~ of the Boaa'd i~ hereby authorized ~o execute Apprai~ A~recmcr~ w~th the 23 ~,~-.'ul fu~(~) ~L,x'~_.~ from ~be IL~ of firm~ pre.quaked by ee Board of County Comm~eeera. 2.$ detcrmine~ i$ ~ Io be~ u:rve the need~ o£ the pm~ecl in eiL. nely and CO~l.effecfive mantlet. 26 7. Tbe Board, ia accontaace with the I~ovi~on~ of Chapm, 12~.355, Fiaaida Smule~, hereby 27 formally waive~ the tequitemem for · formal, iadepe~dent ~ ~ for the putr. hl~e ora 28 property where the putc2m~ price of the pa~:~el (~he comper~agoo due to the I:m:~:~ly ~) i~ h~ 29 th~n Om~ Hundred Thoum~d and 00/100 Dollar~ ($100,000.00). la lieu of the iadepe~em appraisal 3 ~ ~ ~m) ob~ on s~l~ ~i~ ~ ~n ~d~ ~ ~l~m of 7 ~ ~Uv~ ~ ~ ~ ~ ~ of~ ~ll I0 ~ ~ ~ ~ I~ ~ ~ ~vi~ ~ ~ ~ A~s ~~ 11 ~e ~ ~ ~ ~t~t ~ ~t~ o~ ~; ~ ~e ~ ~ ~ ~ 13 ~ve ~ ~p~v~ by ~e O~ce of~ ~ty Atto~, to ~ve ~ li~ of~ ~~ ~ 14 ~or ~y su~ o~ p~ ~ may ~ ~ui~ ~or ~e 16 9. ~ ~ose ~c~ wh~ ne~otiat~ ~tl~ 17 or "~t A~t" m~ism, ~e Di~tor o~e O~ce of~:~ ~j~ M~g~ or ! 8 ~s d~i~, is ch~g~ wi~ ~ ~ibility for ~mp]~ion of v~o~ ~i~ ~pmv~t 19 ~ ~ h~eby dele~ ~e au~ to ~ve ~e p~ of~ ~ ~ve ~ ~ 20 ~m~on ~mate or ~ v~ue ~ pay ~ly ~1~ ~ ~ it ~ ~ ~ ~t ~t~ 21 o~ ~e ~j~ ~ ~e p~ ~ of ~e 1~ ~ 24 ~ by ~e Colli~ ~ ~ ~t; ~d~ ~j~ ~ ~ a~l~le. 25 10. ~ ~e ~tl~t ~mv~ au~ty is dele~t~ by 27 !1. -Pa~e 3- ! · 14 15 17 18 19 ~ 20 : 21 24 25 26 27 28 29 the acquired properti~. THIS RESOLUTION ADOPTED on this. majority vote. A~-~ hST: DV/]GHT E. BROCK, CLEI:LK Approved as to form ~ le~ sut"~ciency: lid(Ii F. Ashton ~ County Arno,ney day of , i ~7, al~er motion, second a~d BOARD OF COUNTY CO~SS]ONERS OF COLLIER COUNTY. FI..ORiDA By: TtMOTHy ]_ HANCOCK, CHAHUvtAN '0 , iI -=-.r- Et I ! ~GHT-Or-WAy 'I ,I I! I~;HT--4~'--II/~Y .B i,i i: '! F~GHT-O~-WAy O EXEC~ SUMMARY APPROVE AME~MENT #2 TO PROFESSIONAL SERVICES CONTRACT NO. 95-2331 WITH AGNOLL BARBER & BRUNDAGE, INC~ THE DESIGN PROFESSIONAL FOR RIVIERA COLONY Il. fdil~kCll~F~ To obta/n Board of Collier Counly Commiss/oner's approval, ** the Ex- Officio Governing Body of the Collier County Water-Sewer Distri~ for the mathorizafion of additional saw'ices required to complete the Phase II Utilities Improvements to thc Riviera Colony Subdivision. (Water and Sewer complete replacement.) CONSIDERATIONS: The Board of Collier County Commi~ionen on S~ptember 3, 1996, agenda item # 8(BX4), terminated thc services of the ori~nal ~ for convenience. The project was then re-bid and a ~r, ond contr~tor w~ ~lected to complete the work. BCC approval of the new contractor wu givea on $~ram'y 7, 1997, agenia itern #16(BX12). A~ a r~ult, thc Design Profe~ioaal, Agnoli, Bm'her ~nd Brundage, Inc., had to perform the initial correct ~trninisiragon pm of fl~'h' contract for a second time. These services include, but are not l/m/ted to the following:, t~-view ofthe revised contract documents, attendance at the pre-bid meeting, bid opening, pre- construction meeting, weekly job meetings, review of the new ~op drawings, ~d extended construction observation services. FISCAL IMPACT: Total funds are available in the amount of $21,368.00 fixnn the .C~..ollowing accounts: Fund # 414 Was~ewater Capital Projeets, 263611-73025 (Riviera ' Colony II) for $14,616.00 and Fund # 412 Water Capital Projects, 273511-70034 (Riviera Colony II) for $ 6,752.00. GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: That the Board of Colller County Commi~ioner~: 1. Approve Amendment #2 to Professional Services Contract No. 95-2331 in the amount of $21,368.00. Bob Pierce, Project Manager O~ce o£ Capi,~ Projects~L~gement I REVIEWED BY: Adolfo Office of'C~:dtal Projecta Management REVIEWED BY~-~~~'~ ~ _- Public Works Administrator AJ%IEb,'D MENT #2 To Profe,slon-.,I Service, Contract No. 95-2331 TO: Agnoli, Barber & Brundage, Inc. 7400 Tamiami Trdl North, Suite 200 Naples, Florida 33963 DATE: Ausust 4, 1997 PROJECT N.~3,IE: Phase II Utilities Improvements, Riviera Colony Subdivision (Bid # 96-2558) PROJECT NUMBER: 73025 UNDER OUR AGREEMENT DATED: May 16. 1995 You arc hereby authorized and directed to make the follov,-ine chantes to the contract line items listed below: - . Item # "A.6. ENGIN'EER/NG DUREx'G CONSTRUCTION", add ...... S'~923 O0 Item # "A.7. DETAILED OBSERVATION OF CONSTRUCTION"a '~ TOTAL INCREASE ~'c~ FOR A3,IEN'D~LENT #~ ' · These increases aze to be billed as time and material for expenses as they are incurred and represent the maximum amount payable to complete the project. Ori~nal Contract (95-233 I) Amount ............................................. $122,851.00 Amendment #1 (August 1, 1995 BCC a~tenda item 16(H)(2)) .................. 531,056.00 Amendment #2 ' Present Agreement Amount S175,275.00 Page 2 of 2 Amendment #2 Professional Services Contract No. 75-2331 Your acceptance of Amendmcnt #2 shall constitute a modification to our Agreement ~md will be performed subject to all the same terms and conditions as contained in our Agreement indicated above, as fully as if the same were repe~ted in this accept,~u:e. The adjustment, if any, to the A~eement shall constitute a full and final settlement or,ny and all claims arising out of or related to the change set forth herein, including claims for impact and delay ACCEPTED: ~ ~ ,19 ~7 Agnoli, Barber 8: Bnmdage, Inc. Dar. ie! W. Bmnd~e. P.E., President Office of Capitol Projects Management By: Approved as to Form And legal Sufficiency Cb, vnet, Board of County Commissioners of Collier County., Florida By: ~ ~'(-~'~--) Date ' Assistant CounU Ar~ey By: Date Timothy L. Hancock, AICP, C-"hairm~ Attest: f~'ner. Dwight E. Brock, Collier County. Clerk of Courts By: Date EXECUTIVE SUMMARY APPROVE AND EXECUTE AN INTERLOCAL AGREEMKNT NEGOTIATED WITH THE CITY OF NAPLES FOR THE RELOCATION OF A ~ RAW WATER LINE ON GOLDEN GATE PARKWAY AT THE LIVINGSTON ROAD INTERSECTION. ~ Obtain Board approval of and execution of an Intedocal Agreement 0-A) with the City of Naples for the relocation of a 36" raw water main on Golden Gate Padcway in conjunction with the four lane improvements to Livingston Road, CIE No. 053. CONSIDERATIONS: The four lane improvements to Livingston Road, CIE No. 053, included roadway improvements on Golden Gate Parkway (C.IL 886). These roadway improvements identified the need to relocate the e~dsting City of Naples 36" raw water main located along the south side of C.R. 886. The City of Naples requested OCTM staff to design and construct the relocation of the water ma~n outside the traveled lanes. OCPM contacted Hole, Montes, & Associates, Inc. to provide engineering services for this project which include inspection services during construction. Staff prepared and negotiated an IA with the City of Naples and on August 6, 1997, the City of Naples Council approved and executed the Agreement for the raw water line rrJocation on Golden Gate Parkway jointly with the four-laning improvements to Livingston Road. FISCAL IMPACT: The negotiated IA results in a partial fucal _' _nn~, ct to Collier Cotmty. The w~ter line is within the fight-of-way of Golden C. me Parkway east of shown in Figure 1. Therefore, Collier County is responn'ble for rdocatin8 50% of the water line wiflxin the utility easement. The City of Naples ~ pay to the County an amount of $201,600.00 as the escrow deposit for utility construction by the County within fourteen (14) calendar clay~ after execution of the IA. This an~unt includes $192,000.00 for $0% of the utility design and construction as det~ by the Consultant and $9,600.00 for County's cost of providing, performing and undertaking utility construction, and administering City's utility system improvemenu during the design and construction Funds for the County's share in the amoum of $192,000.00 w~l be avaa'lable in FY 98 GROWTH MANAGEMENT IMPACt: CIE No. 053 is consistent with the Capital Improvement Element of Collier County's Growth Managenm~ IRan. RECOMMENDATION: That the Board ofCounty Commissiooers: H¢llrie~ei, P.E., Senior Proj~t Office of Capital Projects Adol£o A..C~nz~...cz, P.~ ~or ~ of~t~ Public Works D~sion INTEI~OCAI. AGREEMENT UTR.IT~ (X)N~I"RUCTJON SJ~VJC~.~ BY ~)LLI~t "Hir. hwsy" and ~ h~da ss F. xldl~ 'A" by ~Ji~ej~ smd ~ h~clnaAcr c~]led Ihe '*J~lto" and lncl~led Ifs ~-~ _J,~*~ 'A" Mlacbed beflM luad F-.ni~n(x:rinl Scrv4ccs Io be pcn'omJed by b firm of Hole, Moniel & ~ loc. bls~pinafl~ colkd the 'Cotd~J,.M'. fo~ the dc~jn, plan JXtlUe'sLJofl, l~cnnillinL lad budlel-fldMed Icth4tJes ~ die the Jo~m i co~r~n( o~w.r~ct~ i~'HJlhwsy and Utility impeo~mBu~s by and e~thtv four ~h~safld d~ila~ fl3Ll_(~0J he. iff knoM~ .nd ~,fet~d ~o a~ "Amt~Mled Omi of Klun] ,~dt bert. In know~ tnd re~n~,ud lo M 'A~ual (~o~1SwtJmenl- (ACS). NOW. T1-1ERE'~ORE. In OOMI6CtMiOn of Ibc sdxtve ~ and Ibc mulual c~v~Jnt~ ItflnJ. and SECT1ON l: COUNTY'S I~SI~]BILrT'Y A. COgNT't' dwll tncl~le Utllil,/Mx~ la Ns HllJm~y CoMlflscljoa Bid io MTIV~ M I pd~ B. COq.tNTY sl~all c~x~ducl s foflnai pfl~connr~tioe mnAm~e ~ to anu~ ~h lira ms? sucnd mis contcTc~s s( Ibc CfTY'$ disc~Joe. A ct~9' o/'1~ ndnmes of mid con~ shall be submhtaf lo tb~ cn'Y's c~ alcm/W u lo kkmdMd 0 2.0 TM crrY mmu pt~dm nd patmn 004.~'S c~oauuaor mm~M~r mh~ meumor.m ~ Th~ L"fl'y' sad flu COUNTY ibll natnadn iw in i~ nhdsun .lnna ad innsm m~Jtmd by ~ Sta~e S~a~mas. ~S.I T'm: CITY snd Ibc COUNTY i[~e t~al ctlhc~ Ismy in~ancc(s) mus~ comp/y ~th tory bc nd/"tmun~ mi die cm~di~Ion Ibnl 'd ss~- mhc~ Pm'ty Io L~S I matoc~ A~lnnent. hs=4o~ [ ~ mm m ~mmm mmm~ ~m~ i FIGURE 1 L1N~ITS OF WATER MAIN RELOCATION 0 LIVINGSTON ROAD PROJECT: FOUR Ol~"lC~ OF CAPITM, ~ · ~,,, · nr~ wU~i~NLNG OF GOODLETTE.~ ROAD FROM PENE R/DGE ROAD FR~ NO. 60134, Cl~ ~. TO VANDERBILT BEACH ROAD, eamg to $ohmon Engineering, Im:~'~' ,~,, ua: ue~gn of Goodiette. Pmflc Road 1998. In order to meet the construction requirements for this forecasted def~, design of the proje~ r~suld start tl~s fiscal year. On October 10, 1996, OCTM staff was amhorized to implement the competitive regotiation process, select a firm and proceed with negotiating a contract ~th the munber one ranked consultant. After reviewing the proposaJs and interviewing four firms, Johnson Engineering, Inc. was unanimously selected as the top ranked firm. The, other three (3) firms were ranked as follows: 2. Aim Engineering, Inc. 3. Agnoli, Barber & Brundage, Inc. 4. Hole, Montes & Asso~ates, Inc. Following the selection process, the negotiation for Scope of Services and fees were underway with Johnson Engineering, Inc. The attached ProfessionaJ Services Agreement with Johnson Engineering, Inc. covers all the hems necessar/for a standard design at a reasonable rate. If approved, this contract will be completed in 540 days fi'om the Notice to Proceed date. The totaI lump aura cost Fund: Cost Center: Funds ~ be avagable by October 1, 1997. 334 (Road Impact Fee District #3) 163650 (Road ~ Conmuction) 60134 (Good]ette-Frank Road Widening) Exec~veS~ P~e2 GROWI'I] MANAGE~ IMPACI~ This projecl ia eomi~nt with the tv~z~txzrt~on element of the Cn'ow~h M~gement Plan. ~ That the Bom-d of County Commis~ioner~ ~rove the · tt~ched Profe~ior~l Services Agreement with Johnson Engineering, Inc. Mitch Momtaz, P.E., Project M~nager Office of Capital Projects M~ement REVI~A~ED BY: ~~r Office of Capital Projects Management REVIEWED By: ~~)~., :_ C David Bob~mick, Interim Director Transportation Service~ REVIEWED Public Works Division PROFESSIONAL SERVICES AGREEMENT TH:IS AGREEMENT is m~de and entered into t. hJs., _ day of 19 , by and between the Board of County Comrrfissioner~ for Collier County, Florida, · political subdivision of the State of Florida (hereinafter referred to as the 'OWNER") and ,/ohnson Engineering, Inc., a Florida corporation, author/zed to do business in the State of Florida, whose business address is 2640 Golden Gate Parkway, Suite 216, Naples, Florida 34105 (hereinafter referred to as the 'CONSULTANT"). WITNESSETH: WffEREAS, the OWNER desires to obtain the professionaJ engineering and surveying services of the CONSULTANT concern/rig certain design services for Goodlette-Frank Road (hereinafter referred to as the "Project"), said services being more fully described in Schedule A, "Scope of Services", which is attached hereto and incorporated herein; and WI~E:REAS, the CONSULTANT h~ sub~tted a rroposal for provision of those servi~s; and WKEREAS, the CONSULTANT represents that it has expertise in the type of professional services that ~ be required for the Project. NOW, TRIVREFORE, in consideration of the mutual 'covenants and provisions contained herein, the parties hereto agree as follows: ARTICLE ONE CONSULTAN~I~S RESPONSIBILITY I.I. CONSLTLTANT shall provide to OWNER professional engineering and surveying services in all phases of the Project to which this Agreement applies, 1.2. The Bssic Services to be performed by CONSULTANT hereunder ~re se1 forth in the Scope of Services described in detail in Schedule A. The total compensation to be p~.id CONSULTANT by the OWNER for ~I1 Basic Services is se~ forth in Article Five mad Schedule B, "Basis of Compensation', which is attached hereto sad incorporated herein. 1.3. 'l'he CONSULTANT agrees to obtzin sad m~inta~n throughout the F.~iod of this Agreement · I1 such licenses ~ m'e required to do business in the State of Florid· and in ColLier County, Florid,t, including, but not limited to, ~II licenses required by the respective st,,te bo,'ds md other govemment~l agencies responsible for regulating sad licensing the professional services to be provided and performed by the CONSULTANT pursusat to this Agreement. 1.4. The CONSULTANT agrees th·t, when the services to be provided hereunder relate to · professional service which, under Florida Statutes, requires · license, certificate of authorization or other form of legal entitlement to practice such services, it shall employ sad/or retzin only qu~fied personnel to provide such services. 1.5. CONSULTANT agrees to employ and designate, in writing, within five (5) c.~endax days ~ter receiving its Notice to Proceed, · qumlLfied licensed professional to serve ms the CONSULTANT's project manager ~ereina~er referred to as the "Project Manager"). The Project Manager shall be authorized and responsible to act on behalf of the CONSULTANT with respect to directing, coordinating sad administering all sspects of the services to be provided sad performed under this Agreement. Within five (5) calendm- days bom the Notice to Proceed issued by the OWneR to the CONSULTANT, the CONSULTANT ~ deliver to the OWNER a wri~en statement, executed by the proper officers of the CONSULTANT, acknowledging that the Project Manager sh~l h·ve full ·uthority to bind mhd obligate the CONSULTANT on ~ rrmrters mrising out of or relating to this Agreement. The CONSULTANT agrees tl~t the Project h,hn~ger sh,tll devote whatever time is required to satisfactorily marmge the services to be provided and performed by the CONSULTANT hereunder. The person selected by the CONSULTANT to serve as the Project Manager shall be subject to the prior approval sad acceptance o£the OWNER_ 1.6. CONSULTANT agrees, within fourteen (14) c. alendat days of receipt of a written request from the OWNEPs to promptly remove and replace the Project Manager, or any other ~nnel employed or re~ained by the CONSULTANT, or any subconsultants or subcontractors or any penonnel of any such subconsultants or subcontractors engaged by the CONSULTANT to provide and perform services or work pursuant to the requiremenu of this AgreernenL whom the OWNER shall request in writing to be removed, which request may be made by the OWNER with or without cause. 1.7. The CONSULTANT has represented to the OWNER that it has expertise in the type of professional services that will be required for the Project. The CONSULTANT agrees that all services to be provided by CONSULTANT pursuant to this Agreement shat/ be subject Io the OWNER's review and approval and shall be in accordance with the generally a_cc.,~pted ~tandards of professional practice in the State of Florida, as well as in accordance with all publSshed laws, statutes, ordinances, codes, rules, regulations and requirements of any governrnental agencies which regulate or have jurisdiction over the Project or the services to be provided and performed by CONSULTANT hereunder. In the event of any conflicts in these requirements, the CONSULTANT shall notify the OWNER of such conflict ,,;d utilize its best professional judgmenl to advise OWNER regarding resolution of the conflict 1.8. CONSULTANT agrees not to divulge, furnish or make avai!able to any third per~on, fu'rn or organization, without O%q'4'ER's prior written consent, or unless incident to the proper performance of the CONSULTANTs obligations hereunder, or in the course of judicial or legislative proceedings where such information has been properly subpoenaed, any non-public information concerning the services to be rendered by CONSULTANT herexmder, and CONSULTANT shall require all of its employees, agents, subc, onsultants and aubcontractors to comply with the provisions of this paragraph. 1.9. CONSULTANT agrees Io certify all estimates of construction cosls and l%ject completion dates prepared by the CONSULTANT Said cemifications shall be in a form approved by the OWNER. I. 10. Evaluations of the OWNER'S Project budget, preliminary estimates of constru~on cost and defiled estimates of construction cost prepared by the CONSULTANT represent the CONSULTA2'4WS best judgment ~ a design professional familiar with the constnaction industry. The CONSULTANT cannot and does not gua. rantee that bids or negotiated price~ w~ not vary fi.om any estimate of construction cost or evaluation prepared or agreed to by the CONSULTANT. Notwithstanding any'thing above to the contr,.ry, CONSULTANT ~ revise and modi~ Construction Documents and assist in the rebiddi.ng of the Work at no addition,fl cost to OWNER, if all responsive and responsible bids exceed the estimates of construction costs prepm-ed by CONSULTANT. I. 1 I. CONSULTANT shall not be responsible for means, methods, tech. r'Jques, .sequences or procedures of construction selected by contractors or the safety precautions and programs incident to the work of contractors. ARTICLE TWO ADDITIONAL SERVICES OF CONSULTANT If authorized in writing by OWNER, CONSULTANT shall furnish or obtain fi.om others Additional Services of the types listed in Article Two herein. These services will be paid for by OWNER as indicated in Article Five and Schedule B. The following services, if not otherwise specified in Schedule A as pm of Basic Services, shall be Additional Services: 2.1. Preparation of applications and supporting documents (except those already to be furnished under this Agreement) for private or governmental grants, loans, bond issues or advances in connection with the Project. 2.2. Services resulting from significant changes in the general scope, extent or character of the Project or its design in,eluding, but not limited to, changes in size, complexity, OWNER's schedule or character of construction; and revising previously accepted studies, repons, design documents or Contract Documents when such revisions are required by changes in laws, rules, regulations, ordinances, codes or ordexs-exxacted.subsequem to and not reaso_nabJ,y ~ficipated prior to the preparation of such studies, reports or documents, or arc due to gny other causes beyond CONSULTANT's control. 2.3 Preparation ~nd submission of information to and neces.sa~ consultations with the Collier County Transportation Department, Florida Dep~rtment of Environmen~ Protection, Florida Dep~.nment of Transportation, South Florida Water M~agement District, U.S. Army Corps of Engineers or other appropriate regulatory agencies, in order to obtain necessary permits or spprov,ls for construction of the Project, unless such permits are expressly included in B~sic Services to be performed by CONSULTANT hereunder as set forth in the Schedule A-Scope of Services. 2.4 Providing renderings or models for OWNER's use. 2.5. Investigations and studies involving detailed consideration of operations, maintena.nce md overhead expenses; the preparation of feasibility studies, cash flow and economic evaiuations, rate schedules and appraisals; and evaluating processes available for licensing and assisting OWNER in obtaining process licensing. 2.6. Fumisking services of independent professional ~ssociates and consultants for other thin the contract services to be provided by CONSULTANT hereunder. 2.7. Services during out-of-town travel required of CONSULTANT and directed by OWNER, other than visits to the Project site or OWNER's of:rice. 2.8. Assistance in connection with bid protests, rebidding or renegotiz, ting contracts for construction, materials, equipment or services, except as otherwise provided for herein. 2.9. Providing any type of property surveys, serial photography or related engin~ services needed for the transfer of interests in real property and field surveys for d~ign purposes and engi~.eering surveys and staking to enable contractors to proceed with their work ~nd providing other special field surveys ............... r'-.T~ ~, ,.,,.,.~.'"' ,.. 2. lO. ?repa.r~tion of operating, maintenance ~d ~ta. ffing m~nua~ except u otherwise provided for herein. 2.11. Preparing to serve or serving as ~ CONSULTANT or withes for OWNER in ~ litigation, or other legal or ~tministr,~tive proceeding, invoN'ing the ?reject (except for assistanc~ in consultations which are included as pan of the Basic Services to be provided herein). 2.12. Additional services rendered by CONSULTANT in connection with the Project, not otherwise provided for in this Agreement or not curtorna~y furnished in ~.corda.,~,,e with generally accepted engineering practice. ARTICLE ~E OWNER'S RESPONSD3 II.IT~S 3.1. The Owner shall designate in writing a project coordinator to act as OWNER's representative with respect Io the ~ervices to be rendered under this Agreement (hereina~er referred to ~ the "Project Coordinator"). The Project Coordinator shall have amhority to tra~nsrnit instructions, receive info,'Tnatiort, interpret amd define OWNER's policies ~ decisions with respea to CONSULTANTs services for the Project. However, the Project Coordinator is not authorized to issue ~y verbal or written orders or instructions to the CONSULTANT that would have the effect, or be interpreted to have the effect, of modifying or cha~ging in ~y way whatever: (a) (c) The w.~pe of services to be provided and performed by the CONSULTANT hereunder; The time the CONSULTANT is obligated to commence ~ complete all ~ch ~zvices; or The ~rnount of compensatinn the OWNER is obllgsled or comm~ed to i~' the CONS LrLTA2,,'T. 32. The Project Coordinator shall' (a) Review and make appropriate recommendations on all requests submitted by the CONSULTANT for payment for sen'ices and work pro'tided and performed in accordance ,x'kh this Agreement; ('b) Provide all criteria and information requested by CONSU'LTANT as to requirements for the Project, including design objectives and constraints, space, capacity and performance requirements, flexibility and expandability, and an)' budgetary limitations; (c) Upon request from CONSULTANT, assist CONSULTAN~ by placing at CONSULTANT's disposal all available information in the OV,%'£R'S possession pertinent to the Project, including existing drawings, specifications, shop drawings, product literature, previous reports and an)' other data relative to design or construction of the Project (d) Arrange for access to and make all provisions for CONSULTA,\T to enter the Project site to perform the scrvices to be provided by CONSULT,&\-T under this Agreement; and (e) Provide notice to CONSULTANT of an5' deficiencies or defects discovered by the O\~, ,',%'F.K with respect to the services to be rendered by CONSL'bTr~'x'T hereunder 3.3· CONSUI. TANT acknowledges that access to the Project Site, to be arranged by for CONSU"LTAN'F, ma5, be prov/ded during times that are not the normal business hours of the CONSULTANT 3.4. Ok~%'ER shall be responsible for the acquisition of all easements, property sites, rights-of-way, or other property fights required for the Project and for the costs thereof, including the costs of any required land surveys in connection with such acquisition· ARTICLE FOUR TIME 4. l. Services to be rendered by CONSULTAN-f shall be commenced subsequent to the execution 4 ' of this Agreement upon wrilten ? or,ce to Proceed from O~3,%'ER. for all oqany designatej:t- portion of the Project and shall be performed and completed in accordance ,^Sth the Projcc~ Scheduie attached hereto and made a [}art hereof as Schedule C Time is of the essence respect to the performance of this Agreement 4.2. Should CONSULTANT be obstructed or delayed in the prosecution or completion of its sen'ices as a result ofun£oreseeable causes beyond the control of CONSU"LT,.k,x,;T, and not due to its ow'n fault or neglect, including but not restricted to acts of God or of public enemy, acts of government or of the OV,%'ER. fires, floods, epidemics, qua. ra~ntine regulations, strikes or lock-outs, then CONSULTANT shall notify OV,%q~K in writing within five (5) working days after commencement of such de]ay, stating the cause or causes thereof, or be deemed to have waived an).' right which CONSULTANT ri:ay have had to request a time exqension 4 3. ,'go interr'uption, interference, ineflqc ency, suspension or delay in the commencement or progress of CONSULT,.kNT's services from any' cause ~hatsoe,.'er, including those for v, hJch O\\?',TR ma), be responsible in ,.~hole or in part, shall relieve CONSULTA_'x'T of its duty to perform or give rise to any right to damages or additional compensation from O\\.'NER CONSU1-TA~X~T's sole remedy against OX\%TER ',,.'ill be the right to seek an extension of time to its schedule This paragraph shall expressly apply to claims for early completion, as well as claims based on late completion. Provided, ho,.,,'ever, if through no fault or neglect of the CONSULTANT, the services to be provided hereunder have not been completed within ninety (90) day's ofthe date hereof', the CONSULTA2,:T's compensation shall be equitably adjusted. ~.SIh respect to those se~'ices that have not ).'et been performed, Io reflect the incremental increase in costs experienced by CONSULTANT after expiration of said twenty-four (24) month period 4.4 Should the CONSULTANT fail to commence, provide, perform or complete any of the services to be provided hereunder in a timely and reasonable manner, in addition to any other rights or remedies available to the OWNER hereunder, the OWNER at its sole discretion and option may withhold any and all payments due and owing To the CONSULTANT until such time as the CONSULTANT resumes performance of its obligations hereunder in such a manner so as to reasonably establish to the OWNER's satisfaction that the CONSULTANTs performance is or /o s will shortly be back on schedule. ARTICLE FIVE CO5! PENSA. TION 51 Compensation and thc manner of payment of such compensation by' thc O\\'NER for services rendered hereunder b).' CONSULTANT shall be as prescribed in Schedule B, entitled "Basis of Compensation", which is attached hereto and made a part hereof ,.\ RTICLE SLX OWNERStlIP OF DOCUMENTS 6 l Upon completion or termination off this Agreement, all records, documents, tracings, plans, specifications, maps, e'.aluations, repo~s, compuler assisted design or drafting disks and other technical data., other than working papers, prepared or developed by CONSULT,,M\U' under this Agreement shall be delivered to and become the prope,qy of O\\,'NER CONSULTANT, at its own expense, may' retain copies for its files and internal use O\VNER agrees to indemnify and hold harm',ess CONSULTA,NT with respect to an,,' claim, loss or damage, including attorneys fees incurred by CONSULTAN'T due to the O\",~'ER's use of said records, documents, tracings, plans, specifications, maps, evaluations, repo,-ts, computer disks and other technical data on some other project unless such use is authorized by CONSULTANT 6 2 With respect to and in consideration for the indemnification provided by' OV,%'ER in paragraphs 6 I above, CONSULT:XNT agrees to pa).' to O\\.'?','ER $10 00, the sufficiency and receipt of which is acknov, ledged through the signing of this Agreement. ARTICLE SEVEN MALN'TENANCE OF RECORDS 7.1. CONSULTANT ,,,,'ill keep adequate records and supporting documentation which concern or reflect its ser',4ces hereunder. 'I'he records and documentation Mil be retained by CONSULTANT fora minimum of'five (5))'ears from the date of termination of this Agreement or the date the Project is comple~¢d, ~khichever is later O~'~'~'ER~ oranvdulyaulhorized a~enls or reprcsenlativcs of O\\',N'Ep,~ shail have ~he right ~o aud ~, inspec~ and copy ~ such records and documentation as o~en as they deem neccssaq, during the pe~od of this A~eement and during th~ five (5) ye~ period noted aboxe, provided, however, such activity shall be conducted only during no~aI business hours . ARTICLE EIGtl-/' I.\'D I:_' ,", I N I FI C:',,. TI O N 8.1. Thc CONSU'i.I'A~N'T in consideration o£$1000 the sufficiency and receipt o£ which is acknowledged through the signing of this Agreement shail protect, defend, indemni£y and hold O\\?,'FZR and its o~cers, employees and agents harm]ess from and against an.,,, and all losses, penal/es, damages, professional fees, including at:orney fees and all costs of litigation and judgments arising out of an), willf;dl rn{sconduct or negligent act, error or omission of the COh'SULT.A,'N'Z, ils Subcons~Iiam~:, .Subcontractors, a~ents or employees, a.z'isJng out of or incidental to the performance of this ,Agreement or work performed thereunder. The consideralion exchanged and the provisions of this paragraph shall also perlain to an), claims brought against the O\V%'ER its officers, employees or agents by an), employee of the named CON'SULTA~N"T, or any Subconsuhant or Subcontractor, or anyone directly or indirectly employed by any of them. The CO.x,'SUL'.fANT,S obligation under th/s pazagraph shall not be limited in an), way by the agreed upon contract price as shown in thJs Agreement or the CO~'SLFLT,'~u'Nr'T'S limit of, or ]ack oC sutT~cient insurance prolection. 8.2. CONSLVLTANT acknowledges that the general conditions of any construction contract shall include language, satisfactory to the O\VNER's attorney, in which the contractor agrees to hold harm]ess an5 to de/end O\~v%"ER., its agents and employees from all suits and actions, including attorney's fees, and all costs oflitigation and judgments of any name and description arising out of or incidenlad to the Performance oFthe consh"t.~ction contract or work perfo.rmed thereunder. 1o ARTICI.E NINE INSURANCE 9.1. CONSULTANT shall obtain an carry, at all limas during its performance under the ConLract Documents, insurance of the types and in the amounts sat forth in SCtLEDULE D to lh~s Agreement. ARTICLE TEN SERVICES BY CONSULTANT'S OWN STAFF 10 1 The sca'ices to be performed hereunder shall be performed by CONSULT,LNT's own staff, unless othep,,.-ise authorized in writing by the OWNER The empio)wnent of, contract with, or use of the services of any o~her person or firm by CONSULTANT, as independent consultant or olhe.~,,(se, shail be subject to the prsor v. rittcn approval of the O',~%TR No pro',Ssion of' this Agreement shall, ho,.:e,.er, be cc,~s:med ax cons~imling an agreement between the O\\%TR and an)' such other person or firm :,.'or s?~al', an>~hing contained herein be deemed to give an.,,' such part5' cr any third part.,,' an,,' claim or rigl"a of action against thc O\~,,'NER beyond such as ma.,,' othe~'ise exist without regard to this Agreement. ARTICLE ELEVEN WAIVER OF CI.AL",IS 11.i. CONSL~TANT's acceptance of final payment shall constitute a f~li waiver of an)' and all claims, except for insurance company subrogation claims, by it against OWNER arising out oftkis Agreement or otherwise related lo the Project, except those previously made in writing and identified by CONSULTA.NT as unseuled at the time o£ the final payment. Neither the acceptance of CONSU'LTANT's services nor payment by OWNER shall be deemed to be a waiver of any of O\~,%'ER's right; against CONSULTA.NT /Z ..\ RTICLE T~'E LVE TERMINATION OR SUSPENSION 12 1. CONSL..~T,.~N'T shall be considered in material default of this Agreement and such default will be considered cause for O\x,%'ER to terminate this Agreement, in whole or in part, as further set forth in this section, for any of the following reasons. (a) failure to begin work under the Agreement within the times specified under the Notice(s) to Proceed, or (b) failure to properly and timely perform the services to be provided hereunder or as directed by O~,~,%"EPs or (c) the bankruptcy or insolvency or a general assignment for the benefit of creditors by CONSU~TA..NT or by any of CONSULTANT's principals, officers or directors, or (d) failure to obey laws, ordinances, regulations or other codes of conduct, or (e) failure to perform or abide by the terms or spirit of this Agreement, or (f) for any other just cause. The O\\%TR may so terminate this Agreement, in ~hole or in part. by gi'.ing the CONSULTANT seven (7) calendar days v.,'ritten notice 122 If. a,qer notice of termination of this Agreement as provided for in paragraph 12 I above, it is determined for any reason that CONSULT..~",'T '.','as not in default, or that its default was excusable, or that O%%'ER other,.v'ise ,.,.'as not entitled to the remedy against CONSULTANT provided for in paragraph 121, then the notice of termination given pursuant to paragraph 121 shall be deemed to be the notice of termination provided for in paragraph 12.3 below and CONSU2. TA~",,'T's remedies against OV,%'ER shall be the same as and limited to those afforded CONSU'I..TANT under paragraph 123 belo,.v. 12.3. OWNER shall have the right to terminate this Agreement, in whole or in part, without cause upon seven (7) calendar days written notice to CONSULTANT. In the event of such term/nation for convenience, CONSULTANT's recovery against OWN'ER shall be limited to that portion of the fee earned through the date oftermination, together with any retainage withheld and any costs reasonably incurred by CONSULTAaX,rT that are directly attributable to the terminatiork but CONSULT,,UN'T shall not be entitled to any other or fi]rther recovery against OWNER, including, but not limited to, anticipated fees or profits on work not required to be performed. 12 12 4 Upon termination, the CO. SULTANT shall deliver to the O\~,.'NER all original papers. records, documents, dra',,,Sngs, models, and other ma~eriaI set forth ~.nd described in this Agrccmcnt 12.5. The O\~,%TR shall have the pov,'er to suspend all or any pomons o£ the ~ervices :o be pro,,'ided by CONSULTAN-r hereunder upon giving CONSULT.&NT tv,'o (2) caJend~,.r da':'s Fnor v, Titten notice of such suspension If all or any portion of the services to ~: rcr~erex:! here'..'r~er are so suspended, the CONSULTANT's sole and exclusi,,e remedy sl,gl 1:.~ :o seek z.'n ex":e:'-sica of time to its schedule in accordance x~,ith the procedures set forth in Article Four herein ARTICLE THIRTEEN TRUTIt IN NEGOTIATION REPRESENTATIONS 13 1 CONSULT,&NT v. arrams that CONSU1. TANT has not. em?lo'.,'ed or re:ained an.',,' company or person, other than a bona fide cmp!oyee ,.,.orking so!e!,,' for CO.',.'SULT.&NT. to solicit or secure this Agreement and that CO,",'SULT,.\NY has not paid or agreed ~to pay' any person. company, corporation, individual or firm, other than a bona fide employee working sold;' for CONSULTANT, any fee, commission, percentage, gif~ or any other consideration contingent upon or resulting from the award or making of'this Agreement. 13.2. In accordance with provisions of Section 287.055, (5)(a), Florida Statutes, the CONSULTANT agrees to execute the required Truth-In-Negotiation Certificate, auached hereto and incorporated herein as Schedule E, stating that wage rates and other factual unit costs supporting the compensation are accurate, complete and current at. lhe time of the Agreement. The CONSULT,~"qT agrees that the original Agreement price and any additions thereto shall be adjusted to exclude any significant sums by which the O\~,%'-ER determines the Agreement price was increased due to inaccurale, incomplete, or non-current wage rates and other factual unit costs All such adjustments shall be made v,'ithin one (1) year following the end of this Agreement. 13 .ARTICLE FOURTEEN CONFLICT OF INTEREST 14.1 CONSULT,-~Z-,'T represents that :t presently has no interest and shall acquire no in;crest, either direct or indirect, which v, ould cor, Sict ir:, any manner v, Sth the performance of sec, Aces required hereunder. CONSULTA2-:T further represents that no persons having any such in:crest shall be employed to perform those ser-v~ces. .-\ RTICLE FIFTEEN ,MODIFICATION ]f ] No modification or change in this Agreement shall be valid or binding upon the p~.rties unless in ,.',-firing and executed bv the party or parlies intended to be bound by it .ARTICLE SIXTEEN NOTICES AND ADDRESS OF RECORD !61 ,M! notices required or made pursuant to this Agreement to be given by the CONSULTA_',:T to the OV~%TR shall be in writing and shall be delivered by hand or by United States Postal SerMce Department, first class mail ser~,ice, postage prepaid, return receipt requested, addressed to the following O\~, .'NTR's address ofrecord: Board of County Commissioners, Collier County Florida c./o Office of Capital Projects Management 3301 Ta,~ami Trail East Naples, FI. 34112 Attention: ~fi' Mhch Momta. z 14 16.2 Ali notices required or made pursuant to this Agreement to be given by the O~,%'ER to the CONSULT,-L,'x'Ir shall be made in writing and shall be delivered by hand or by the United States Postal Service Department, first class mail service, postage prepaid, return receipt requested, addressed to the following CONSULTAN'F's address of record: Johnson Engineering, Inc. 2640 Golden Gate Parkway Suite 216 Naples, Florida 34105 Attention .Mr. Chris Hagan 16 3 Either part'.,' ma)' change its address o/record by ,.~,Tl:len notice to the other pan).' given in accordance with requirerr~ents of INs ,-\~icie ARTICLE SEVENTEEN .~IISCEI.L.-\ NEOUS 17 I CONSULT~"qT, in representing OWNEK, shal! promote ,,he best interest of OV~,'%'ER and assume tov.'ards O',\%'ER a duty of the highest trust, confidence, and fair dealing. 172 No modification, waiver, suspension or termination of the Agreement or of any terms thereof shall impair the rights or liabilities of either party 17.3. This Agreement is not assignable, in whole or in part, by CONSULTANT without the prior written consent of O\VNT:R. 17.4. V,'aiver by either party ora breach of any provision of this Agreement shall not be deemed to be a waiver of any other breach and shall not be construed to be a modification of the terms of this Agreement. 175 The headings o£ the Articles, Schedules, Pans and Attachments as contained in this Agreement are for the purpose of convenience only and shall not be deemed to expand, limit or change the provisions in such An c es, Schedules. Pans and Attachments i7.6. This Agreement, initially consisting of 49 continuously numbered pages including the referenced Schedules and Attachments hereto, constitutes the entire agreement between the parties hereto a.nd shall supersede, replace ~d nullify any ~d all prior agreements or understandings, ~'ritten or oral, relating to the matter set forth hereirt, and any such prior agreements or understanding shall have no force or effect whatever on this Agreement. ARTICLE EIGIITEEN APPI. ICABLE LAW 18 1 Unless olhcm'ise specified, this Agreement shall be governed by The laws, roles, and re~lations of the State of Florida, and by the laws, rules and regulations of the United States when providingse~-ices funded by the United Sta:es government. Any suit or action broughtby either party to this Agrecmer, t against the other pan'.,' relating to or arising out of this Agreement must be brought in the appropriate Florida state court in Collier Count.,,', Florida 16 IN' WITNESS V,'IIEREOF, the parties hereto have executed this Professional Servic /,grccmcnt for Goodlcttc-Frank Road thc day and >'car first v,,'mtcn above ATTEST: Dwight E. Brock, Clerk BOARD OF COUNTY COkt,\flSSION"ERS FOR COLLIER COUNTY, FLORDA, A POLiTIC~ SUBDIVISION OF THE STATE OF FLOI:LDA [AN'D AS EX-OFFICIO THE GOVERNrNG BOARD OF T}IE COLLIER COUNTY WATER- SEWER DISTRJCT] Date: Approved as to form and legal sufficiency: / ~-~sistant County .Attorney By: Timothy L Hancock, Chairman V, St,'~ess JOFD4SON ENGINEERfiNG, 1'NC. Steven K. Morrison, President \Vitness 19 (CORPORATE .5.EAL) ~/ ~q CIt EDULF_E_fi Date: _June 19. 1997 c~_C_OZUQE P R____Q E_F..5 S ~5^ L $ ER vIC F_~ For Goodlette-Fmnk Road improvements from Pine Ridge Road to Vanderbilt Be. ach Road Extension. (Collier County Project Number The CONSULTANT shall provide and perform the following professional services which shall constitute the scope of the BASIC SERVICES under the covenants, terms, and provisions of the PROFESSIONAL SERVICES AGREEMENT: All work neces~ry for the completion of the project, including, but not limited to: surveys, design study, public hearings, preliminary plans and specifications, cost estimates, final plans and specifications, bid documents, contract documents, all government permit applications, coordination of all utility system adjustments, and pas'tiM construction administration and observation services for the construction of a four lane or six lane upgrade of the existing Goodlette-Frank Road, complete in accordance with the contract documents. ,52~'lion~ .TA_zS._,5_KS ANT) B._ 4SIC S[.RV! F F~~,$iGN Pursuant to the GENERAL SCOPE of the BASIC SERVICES stated herein above, the CONSULTANT shall perform all services and/or work necessary to complete the following task(s) and/or provide the following item(s) which are enumerated to correspond to the task(s) and/or items ~t forth in Schedule B, entitled "BASIS OF COMPENSATION", dated June 19, 1997. _TASK ,Ib_'DEX 1.00 2.00 3.00 4.00 5.00 6.00 7.00 8.00 9.00 Public Involvement Program Engineering and Land Surveys Geot~hnic.~ Services Traffic Data Develop Design ^lten;atives Perform Comparative Analysis Roadway Plans Utility Relocation Plans Right-of-Way Maps/;' c r~; ~ 10.00 Signalization Plans l l.O0 Signing.trial Pa;'emenl Marking Plans i2.00 Street Lighting Plans 13.00 Permits 14.00 Final Contract Documents 15.00 Advisory Services [6.00 Contract Administration and On-Site Observation TASK l.OO - PU..zBLIC I?.~_O~V_.g?.~glF..NT PROGRAM The CONSULTANT shall undertake a Public In;'olvement program which shall include the following: Task 1.01 Dc'.clop a Partnering program for this project to include elected and appointed officials in thc local area, permit and review agencies, selected pro~,,-ty o'.~.r'ers rcprcsenuatives, design team members, diem staff, public and pr/sate utilities, and other interested panics. Partnering meetings will be conducted by the sub-consultant at the following milestones: Task 1.02 Start of Project (Notice to Proceed) Complete Comparative Analysis (Task 6.00) Complete Pre-Construction Conference (Task 15.07) The CONSULTANT shall send a notification of these meetings to all pa.qics in the Partnering process. Develop a Public Informational Program for this project to include elected and appointed officials in the local area, permit and review agencies, property owners, design team members, client staff, public and private utilities, and other interested parties. Public Informational Meetings u/ill be conducted by the CONSULTANT at the following milestones: a. Complete Develop Design Alternates (Task 5.00) b. Construction Sb"u'x Task 1.03 The CONSULTANT shall prepare and submit a notilicafion of these public meetings through the standard public notice process. The CONSULTANT shall prepare for and attend all Partnering and Public Informational Meetings. The CONSULTANT shall prepare and provide the follov.,ing: Prepare presentation boards with alignment and typic, al sections depicted thereon for use as visual aids during the Partnering and Pv~i~'n~rmati°nal ~ ~ A written narrative suitable For hand-out at the Partner/rig and Public Informational Meetings and for general information. The narrative sba/1 address the Following topics. i. Descr/ption of the Proposed Project ii. Environment2J consequences related to: iii. iV. -Social, economic and cullur'al resources - Physical and natural environment Relationship to Comprehensive Plan, Development Standards and other adopted OWNER Policies and Ordinances. Unavoidable Adverse Environmental Impacts and Proposed Midgation Measures. c. Provide audio recording equipment to record the mecdng Proceedings and provide the OWNER with copies of transcr-/pts Task 1.04 EValuate and consider identified concerns or chzdlenges to the typical sections and/or alignment obtained at the Partnering and/or Public Informational Meetings and revise the above exhibits accordingly as approved by the OWNER. Assemble the Task 1.03 work product booklet. Participate in a Board of County Commissioners Meeting to accept study and adopt find rigs The CONSULTANT will perform all survey services necessary to prepare thc fight-of-way maps, legal descriptions, engineering design and construction plans. Survey services must also comply with all pertinent Administrative Code (FAC). Florida Statutes (FS) and applicable rules in the Flor/da Topog. raphic survey data w/il be gathered through the usc of tom station and data collector, readily ava/lable For input and use in CADD Design files. The survey work shall include the following: Task 2.01 Design survey se~'ices will be performed in a manner that ,,,,'ill per'pcmate the control and reference system through the construction and final est/mate activities. Design survey activities may include, but will not be limited to, the f°ll°wing:lo cg) ~' Task.: 2.02 Hq)rSzon_t~l Bas(: Linc Contrc)l The Survey Base Line shall be established by producing tangent lines of existing right-of-way maps (if such maps exist), in the center of right-of-way dedicated by subdivision plat or in the roadway cen erline, il' neither of the above conditions are met. .Rv f(zrcnegd Po_in_ts Reference all survey control points at intervals of 1,000 feet. A__X_g.~ ! TarBell; Place aerial targets as required for proper aerial photo rectification with wing targets as required for proper aerial photo rec. tificafion. B__ench Estiblish a bench line on National Geodetic Vertical Datum of 1929 (NGVD 29). Bench marks will be set at intervals of 1,000 Road '.,Lay C .ross _S_ec t__j.i .0_E.s_/_P_r q~ fi l g~ Gather data for cross sections for the entire limits of the project at inte~'als of 100 feet. Side_~t. rcet Perform complete side street su~'eys for 1,500 feet at Pine Ridge Road, Orange Blossom Drive, and Vanderbilt Beach Road Extension. All other side streets 500 feet each side of centerline. Aerial Pholograph2~ Controlled aer'/al photography shall be usexl as a basis for various data necessary for both engineering and environment.al analysis, alternative corridor and design studies, and the development of the preliminary plans for conceptual design. Copies of aeri~d photography are the prime source of information used to convey project consideration to the public at public meetings. The CONSULTANT will furnish the necessary control surveys for the photography and the aerial photography to be used in the study. 3q~e following scales of aerial is anticipated for the project: 1" = 20' Rasterized imagery and planimetrics for report graphics, environmental analysis, alternative alignment evaluation and/~coc:;¢[d ~ation meetings. 1" = I00' - Rastcrized imagery and planimctrics for report graphics, environment:d analysis, allemaLive alignment evaluation and coordination meetings. Task 2.03 .Righ[-gf-\V~.y Sue'eX ~.e.c. !ign Ti¢~; Utilize State Plane Coordinate System to Lie sex:Lion lines and qua. mcr section lines to the sur,.,ey base line. Comers found or set in the field will be properly idcnLified and recorded in the field book and certified comer records completed and filed with the Florida Department of Environmental Protection (FDEP) in accordance with Chapter 177, FS. St~bc~j~ji_on T~ Tie ali subdivisions, including condominium boundaries, at the beginning and end, block lines, and street right-of-way lines to the survey base line. Ties ,,,,'ill be made by closed traverse to assure exact mathematical closure. All necessary block comers ',,,'ill be found or se:. in the field w/th comers pro~rty identified and recorded in the field bcx~k. Effo~s ',,.'ill be made to identify all vacated streets within a subdivision, along with the recording data of vacation. Task 2.0.4 _Underground Utilities Locate underground utilities both vertically and horizontally as flagged by the Utility Companies. This task includes coordination with various Utility Companies and assumes that the respective utility ,,,,'ill be responsible for "pot holing" szdd underground system. "Pot holing" ',,.'ill be limited to potential conflict areas. LFASK 3.00 - GEOTE~HNIqAL The CONSULTANT shall furnish soils investigation and analysis necessary for the design and preparation of construction plans for this project. A report shall be prepared with recommendations, and pertinent soils data, including the water table elevations for submission to the OWNER. Task 3.01 Soil Boring! and l.,aborat0r3/-Testing Soil Auger BorSngs shall be obtained at locations directed by the CONSULTANT, after consultation with the OWNER, along the alignment. Auger Borings shall be a minimum o[' 5 feet deep with soil classifications. All auger borings are to stop if rock is encountered. In arras ~hcrc unsuitable matcrial, such as muck, is found, probings shall bc taken at each station cvcry 2.5 feet across thc entire width of thc proposed r/ght-of-,,.,ay to determine the c×tcnt of U',c unsuitable stratum. Laboratory lesting, sufficient to enable a Professional Engineer registered in the State of Florida, to analyze subsurface soil conditions and make design recommendations, shall be performed. Such tests may include, but shall not be limited to, gra/n size analysis, Atterberg limits, and organic content. CONSULTANT shall perform field and laboratory testing of existing pavement section to provide preliminary evaluation of the condition w/th respect to reuse and/or removal. Based on the rcsult~ of the preliminary evaluation, t.he need for and/or scope of work required to complele the evaluation will be determined. This assumes that keeping the existing pavement is an option of the Typical Section selected for Final Design. _Tr\~K 4.Q9 - TRAFFIC DATA The CONSULTAN'T shall obLain and develop the traffic dam needed to design the project from data available from the OWNER (existing lane volumes - most recent Annual Average Daily Traffic (AADT) and from the Collier County Metropolitan, Planning Organization and supplemented by hourly machine count5 o',.'er a 24-hour per/od and/or 8-hour manual counts at in!ersections as required. The CONSULTANT shall: Task 4.01 Task 4.02 Task 4.03 Task 4.04 Develop Project Traffic - K, D, and T factors, lane volumes, and turning movements for the following ),'ears: Existing, post construction, ~d 20 years after construction (Design Year). De~ermine intersections that will meet warrants for traffic Signalization within 3 years of the design year. Where signals will be warr-anted, determine number of lanes required to handle peak season traffic volumes using the Planning Procedures for Signalized Intersections from the latest Highway Capacity Manual. Establish Typical Sections - With consideration of Level of Service, D'pe of area (para2 vs. urban), density of development, and available right-of- way, develop the cross section elements for roadway alternatives in accordance with design, safety criteria and community priorities. Establish at-grade intersection geometry for all street intersections along Goodlette-Frank Road. 2.3 TASK 5.00 - DEVELOP DE.SION ALTERNATE~ This task consists of identifying, analyzing, and developing feasible design alternates for subsequent evaluation of viability. Task 5.01 Identify alignment controls - Using cultur-M and natural features and engineering requirements, identify alignment control and es~blish the alignment and proposed right-of-way requirements for each typical section under consideration. Task 5.02 Establish major design features such as major intersections and significant drainage requirements a~ necessary to define the concept design for each alternate. Task 5.03 [Establish geometry - All horizontal and roadway geometry shall be established for evaluation to define design. Task 5.04 Draft design alignments - Plot design alternates in sufficient detail to permit evaluation of costs and associated impacts. TASK fo.0() - PERFORM CO,",1'PARATIV5 ANAL'r~I_5. Subsequent to developing the design alternates, rehti,,'e costs shall be prepared to demonst, r-ate economic comparison and associated impacts shall be analyzed to select the most viable alternate. Types of items to be evaluated and included in the comparative analysis will include the following: Task 6.01 Right-of Way Costs "ORDER OF MAGNITUDE ESTIMATE" appraisals for additional right-of-way costs will be obtained by the CONSULTAN-'F and included in the alternatives analysis and comments made regarding potential propemy improvement impacts or taking. Task 6.02 Construction Costs - "ORDER OF MAGNITUDE ESTIMATE" of thc cost to construct the improvements shall be prepared by thc CONSULTANT and included in the alternatives analysis. Task 6.03 Capacity Analysis - Determine the travel lane and intersection level of service to the motorist in terms of volume to capacity ratios and design Task 6.04 Prepare exhibits and assist in the preliminary Public Information Hearing conducted by the O~V'NER. TA~_.K ZOO- ROADWAY PLAN[ The CONSULTAbU' shall furnish design services neces.t~'7 to perform project design and prepare construction plates ,}nd specifications in accordance with the intent of this 24 Agr~ment. Design activities shall be supported by design calculations properly identified as to subject and Iopic. Design references and any a3sumptions shall be noted. Design calculations shall be bound in suiable booklet form, and the booldet shall be properIy indexed as to content. Work prepared and/or submitted shall be reviewed, checked and certified by a professional engineer registered in Florida. The roadway construction plans shall be complete in scope and demi, and shall be of similar content and format to the latest Florida Department of Transportation (FDOT) Standard Specifications and design standards. The plans shall include roadways, drainage structures, maintenance of traffic signing and paving markings, signal plans, lighting plans and incidenLaI items. Plans shall be prepared at acceptable standards of draftsmanship in a manner to insure clarity and legibility of reproductions; the plans shall be provided on the following media: Bend paper sheets I'7 inches by I1 inches in size. Plans and Profiles at 1" equals 40' scale with borders and title blocks shall conform to current format. Intersection Details and Signalization Pla.ns to be drawn at a scale of l" = 20'. Computer Aided Design drafting files (on 3.5" disks) of AutoCAD Release 13 for Windows with Sofldesk AutoCAD overlay Release 7.5 (for rastering). The plans are to be submitted to [he O\VNER for their review and approval. In order for the O'%~'~ER to monitor thc project progress, the following submittal program will be followed. Each submittal called for below shall be delivered with a transmit~ letter signed by the CONSULTAKT'S ProjectM~agcr stating that the submittal package is complete. Work will not proceed on the next submita] until written review comments from the OWNER have been given to the CONSULTANT. The CONSULTANT will conduct project plans review with the O'¢,%~R at the grades and geometries, basic plans, and deta/I plans completion sages. Each review shall be a verbal presentation supplemented with appropriate displays or other visual a~ds. Plans development at the respective submittal sages shall conform to the following: Task 7.01 ORA_DES AND OEO:METRI(TS (30% PLANS) The CONSULTANT shall submit to the OWNER four (4) sets of full size (11" x 17") prints and one (1) set of double size prints (22" x 34" plans on 24" x 36" sheets) for review purposes. The plans shall depict existing topographicxl features, existing right-of-way and easement lines, and preliminary proposed fight-of-way lines, proposed grades and proposed geometries, and shall contain the following: Key M'ap Back of Sidewalk Sheet Dra/nage maps depicting existing drainage areas, existing drainage structures, existing flow patterns, and proposed drainage patterns (~" = 200'). Plan and;¢. Profilec,o.~ ~' Sheets ~ .~!.~40"4L{?.~fiw',''= . ~ ¢. Typical Section Sheet f. Cross section sheets. The CONSULTANT shall submit a BUDGET ESTIblATE of the cost of constructing the project. Task 7.02 BASIC PLAN_~.(60% PLANS) The CONSUI.TANW shall submit to the OW'N'ER four (4) sets of full size (11" x 17") prints and one (I) set of double size prints (22" x 34" plans on 24" x 36" sheets) to the OWNER for review. The submittal shall comply v.'ith an), comments received on the review of the grades and geometries. The submittal shall contain the following: a. Key M'ap b. Drainage Map c. Typical Section Sheets d. Plan and Profile Sheets e. Drainage Structure Sheets f. Intersection Deu-dl Sheets g. Intersection Profile Sheets h. Lateral Ditch/Outfall Sheets i. Cross Section Sheets j. Preliminary Design of Storm \',:ater Treatment k. Drainage Tabulations 1. Draft Maintenance of Traffic Plan m. Draft Bid Documents n. Design Documentation o. Up-dated Budget Estimate The submittaJ shall include all dr-a/nage ca]culations and other design documentation. The CONSULTANT shall furnish certification that all utility conflicts have been identified and that all affected utilities have been notified. The draft bid documents shall be reviewed by compliance v.,ith the OWNLLLER'S purchasing requirements, and other regulations or requirements. the OWNER for m~ual insurance Task 7.03 DETAIL PLANS (90% PLANS) The CONSULTANT shall submit four (4) sets of full size 11" x 17") prints and one (1) set of double size prints (22" x 34" pla'ns on 24" x 36" sheets) pr'/nts to the OWNER for review. The plans shall be complete construction plans and shall include the following: a. Key 15q~ ~ g-) J-~"' .~ b. Drainage Map c. Typical Section She, et d. Summary of Quantity Sheet e. Summary of Drainage Structure f. Plan and Profile Sheets g. Miscellaneous Sheets h. Drainage Structures Sheets i. Intersection Details and Profiles j. Lateral Ditch/Outfall Sheets k. Cross Section Sheets 1. Compleled Storm~ater Treatment Design m. ,Maintenance of Traffic Plan n. Design Documenuation o. Signali~fion Plan p. Street l,igNting Plan q. Landscape Plan .T..a~k 8.00 - UTILITY REI,QCA~.]C)N PI..,\N$. The requirements of thc ,.arious utility services shall be recognized and properly coordinated during the project design. The CONSULTANT shall provide such representation and technical assistance as ma,,,' be necess.a0, for O\x,,'NER coordination and/or ncgo',iation with utitit,,' owners or other public agencies affected by the project. Utility adjustment plans shall be prepared on the roadway plans to show the proposed utility lc>cations when adjustment is required. T'he required utility adjustments ~'ill be designed by each utility and provided to the CONSULTANT by the affected utilities (~-'a~er, sanitary sewer, po,,,.er, gas, electrical, telephone, cablevis'ion, elc.) on prints of roadway plans provided bv the CONSULTANT after the basic plans review. The sc~',edule contained herein is based upon receipt of the relocation design from the utilities ',,,'ilhin 90 days from submission of lhe Basic plans to the utilities for their use in sho',,,'ing their proposed adjustments. This work shall include the following: Task 8.01 _L,~ i 1 i ly The CONSULTANT will send a letter to each utility company which may have facilities ins~led within the project corridor notifying them of the proposed project, asking them to submit plans of existing and proposed utilities and to submit their comments relative to the proposed roadway plans. Task 8.02 ..Ut i I i !y_C. gq r d_i n a I i o__n Approved basic plans will be sent to each utility company for their review requesting them to return plans showing additions or corrections to existing utilities and their proposed relocations ',,,'here adjustments are necessary. 2'/ Task 8.03 Final UI[lity Relocation Plans Upon receipt of plans revie`*'ed and approved by the utility companies ,,vithin 90 days after written request is made, any additions and/or corrections will be made to the roadway plans. Utility adjustments provided by the utility companies '*'ill be shown in the CONSULTANT'S detail plans. CONSULTANU" shall review the utility companies plans and notify the OWNER and utility companies of conflicts with the roadway plans. Task 9,00 - RIGHT-OF-WAY t,,'i'AP~ The CONSULTANT shall be resFx:)nsible for the complete preparation of Right-of-Way Maps. Task 9.01 Righl-of-Wa_y The CONSULTANT shall be responsible for the complete preparation of preliminaO' and final Right-of-Way Maps for the full length of the project. Complete Right-of-Way Key Maps (1" =400) and Detail Maps (1"=40') shall be prepared in accordance with Florida Department of Transportation (FDOT) Minimum Technical Standards as set forth by the Florida Board of Surveyors and Mappers, pursuant to Section 472.027, Florida Statutes. Task 9.02 Le_g%a! Dcscdpti0ns and Par¢¢! Sketc.b._¢.:i A legal description and parcel sketch of each parcel required for Right-of -Way and/or construction easement will be provided by the CONSULTANT. TASKlg. O9 - ~I~NALIZATIQN P_~_LAN$ The CONSULTANT shall furnish design services and prepare a complete set of construction plans for the modification of the Signalization at the following intersections with Goodlette Road: (1) Pine Ridge Road, (2) Orange Blossom Drive, (3) Vanderbilt Beach Road Extension. The signalization plans will consider future interconnection in the closed loop signal system. A traffic signal timing plan will be prepared for this interconnection. Plans will be submitted for review as follows. Task 10.01 Basic pla, n~; Task 10.01.01 Signal modifications (3 intersections) The CONSULTANT shall submit to the OWNER two (2) sets of full size (11" x 17") prints of the preliminary plan for review. Plan sheet showing poles, signal heads, controllers, and loop locations. Copies of imersection design volumes, recommended signal phasing, timing, and capacity analysis. These plaans will be submitted with the 60% roadway pla. ns. Task 10.02 .U_g_m. il Pla, n~ Task 10.02.01 Signal modifications (3 intersections) The CONSULTANT shall prepare final signal plans submit them with the detail plans for review. TAS_K 11.00 - SIGNI____NO AN_D P___A__VEM'ENT MARKING PLAN,.q The CONSULTANT shall furnish design services and prepare construction plans for traffic signing and pavement markings for the entire project. Final plans shall be submitted with thc Detail plans in accordance with OWNER specifications for review. TASK 12.00 - STREET LIGHTING PLAN~ The CONSULTANT, shall furnish design services and prepare construct/on plans for the street lighting of the existing roadway and intersections in conjunction with the proposed construction. Final pI~s shall be submitted with the detail plans for review. TASK 13.00 - PERMIT[ 'D,e CONSULTANT shall prepare permit applications, data and drawings required for submittal by the OWNER to local, state, and federal agencies and utility companies. For the purpose of insuring the timely approval of the permits necessary for the construction of the project, the CONSULTANT shzll schedule the nec. essary contacts and liaison with the agencies having the permit jurisdiction over the project, and shall furnish such plans, data, and information as may be necessary to secure approval of the required p/:rmits. Agencies having permit jurisdiction may include, but are not limited to the Florida Department of Environmental Protection, South Florida Water Management District, the Florida Department of Transportation and the U.S. Army Corps of Engineers. Drainage design shall include stormwater treatment and attenuation required to comply with the ~les of the Florida Department of Environmental Protection (F.D.E.P) and the South Florida Water Management District (S.F.W.M.D). The CONSULTANT shall supply data reports required to support the proposed design. The CONSULTANT shall prepare requisite/~t~gn~atTr permit applications in accordauce with Chaptep62- 25, REGULATION OF STORMWATER DISCHARGE, FLORIDA ADNIINISTRATIVE CODE, and Chapters 40E-4 and 40E40 of S.F.W.M.D. for submission. This will consist of required evaluation, design, coordination and follow up work necessary to ebon final permits. Thc OWNER will review thc permit applications as necessary. Thc OWNER will review, sign and provide the necessary permit application fees for each required permit. The OWNER will have a representative at all conferences bct,,vccn the CONSULTANrT and the permitting agency, and shall be copied on all correspondence between the CONSULTANT and the permitting agencies. Thc Coordination and Pcrmitting process will be as follows: Task 13.0l nLo_kfial Meeting with Permilting Agencies Permitting agencies will be notified of the proposed project. A meeting will be held with persons from the agencies to review the proposed location in the field and to obtain their comments and areas of concern. Task 13.02 _Permit Applieah. L~.D.n Permit application forms and supporting documents will be completed by the CONSULTANT after receipt of the grades and geometries review and submitted to the OWNER for their approval and the CONSULTANT shall submit the applications to the appropriate agencies. Task 13.03 Permit Revisions The CONSULTANT will meet with permitting agencies after receipt of the basic plans review as required to respond to review comments, revise applications, if necessary, and submit additional material as requested and coordinated with the OWNER and permitting agencies to obtain approval of the permits. Requirements of permitting agencies shall be incorporated into final contract documents. TASK 14.09 - FINAL CONTRACT DOCU_SJENT$ (100% PLANS) Once the der.ail plans have been approved by the OWNER for the entire project, a set of bid documents and a set of contract documents will be prepared for the construction of the improvements. The original plans, specifications, and "cost estimate" will be submitted to the OWNER. This task will include the following: Task 14.01 Final roadway plans, final signal plans, final signing and masking plans, final lighting plans, summary of all fin~ quantities, and complete Order of Magnitude CONSTRUCTION ESTIMATE. 3,9-.- -'"'~ / 30 Task 14.02 Complete contract documents ready for bid including ali forms, general conditions, and other mater-ia] required by the Collier County Purchasing Department and the Dep~ment of Administrative Services. Special provisions and other appropriate contract documents for incorporating FDOT specifications, U.S. Army Corps of Engineers, FDEP, and SFWMD permit requirements in the bid documents. Section 3.00 T&,5.1~S_~',,~.C.,_~RVIQ[,5_B_ETWEEN COMPI.ETION O_[._F I)...[..5IGN AND TI'IESTAILT_OF C~ONSTRUCTION T_ask 15.00 - ADVISORY SERVICE,Si After approva] of construction plans, the CONSULTANT shall perform the following services: Task 15.01 Provide the OWNER with six (6) sets of complete bid and contract documents. Task 15.02 Issue comple[e contract documents to all prospective bidders from the CONSULTANT'S office. A reasonable fee may be charged to the prospective bidder for ~his service to cover costs of the CONSULTANT. Task 15.03 Assist the OWNER in scheduling and presenting a Pre-Bid Conference. 'Fask 15.04 Respond to Bidders inquiries. Task 15.05 Prepare addenda and, upon approval by the O'9,q'4'ER, issue addenda. Task 15.06 Assist the OWNER in receiving and evaluating the bids and recommend award of the contract. Task 15.07 Attend a Pre-Construction Conference, provide assistance in conducting the meeting, answering questions, and providing necessary information. Section 4.00 TASKS AND BASIC g.__Q,N_.'$TRUC T IO N TASK 16.00 - POST DF...SIGN SERVICE...q Task 16.01 Site Visits SERVICE DURING ANT) FOLI.OWING The CONSULTANT shall make visits to the site at intervals appropriate to the various stages of construction to observe as an experienced and q,aalified design professional the progress and quality of the executed work of/~4r;5)sr~)or(s) and to determine, in general, if such work is proceeding in accordance with thc contract documents. Such ,,'is~ts and obscr'vations are not inlcndcd to bc exhaustive or to extend to e~.co' aspect of the ~'ork in progress, or to involve dctziled inspections of the work beyond the responsibilities specifically assigned to CONSULTANT in this Agreement, but rather are to be limited to spot checking, selective sampling and similar methods of general observation of the work based on CONSULTANT'S exercise of professional judgment. Based on information ob~ned dur4ng such visits and such observations, CONSULTANT shall endeavor to determine in general if such work is procemding in accordance with the Contract Documents and CONSULTANT shall keep OW'NER informed of the progress of the work. The purpose of the CONSULTANT'S visits at the site will be to enable CONSULTANT to better carry out the duties and responsibilities assigned to and undertaken by CONSULTAI',W during the Construction Phase, and, in addition, by the exercise of CONSULTANT'S efforts as an experienced and qualified design professional, to provide for O',VNER a greater degree of confidence that the completed work of the Contractor will conform in general to the Contract Documents and that the integrity of the design concept of the completed Project as a functioning whole as inc:catcd in thc Contract Documents has been implemented and preserved by Contractor. On the other hand, CONSULT^N'T shall not, during such visits or as a result of such observations of the Contractor's work in progress, super~'ise, direr or have control over Contractor's v,'ork nor shall CONSULTANT have authority over or responsibility for the means, methods, techniques, sequences or procedures of construction selecled by Contractor, for safety precautions and programs incident to the work of Contractor or for any failure of Contractor to comply with laws, rules, regulations, ordinances, codes or orders applicable to Contractor's furnishing and performing the work. Accordingly, CONSULTAN-r neither guarantees the performance of any Contractor nor assumes responsibility for any Contractor's failure to furnish a.n,d pe~rm its work in accordance with the Contract Documents. Attend weekly progress meetings. A written report of each visit shall be prepared and submitted to the OWNER within six (6) calendar days of the visit. Task 16.02 Shop Drawings. Review, reject or approve shop drawings which each Contractor is required to submit, but only for conformance with the design concept of the project and compliance with the contract documents. Also, determine the acceptability, subject to OWNER appro.~xal, of substitute materials an d equip'~r~)~°p°sed bY ~ ~ I T~k i6.03 T~k 16.04 Task 16.05 Task 16.06 Clarificalions The CONSULTAhq' will respond to requests of the OWNER for necessary minor plan modifications, clarifications znd interprcu~tions of the contract documcnts. Final Inspection Participate with thc OWNER in a pre-final inspection for the purpose of determining if the project is subsua~ntially complete, and participate with thc O"A,~ER's Rcprescnt,~five in the preparation of a written "punch list" of all incomplete, defective or deficient items. Upon notice from the OWNER's Representative, participate in a final inspection together with OWN£R and Contractor representatives to assure that all "punch list" items are completed and the work is indeed completed in accordance ~,'hh all contract documents. P c r m i t__C_c r fi fi qa t i_~0_~. The CONSULTAN~T shall prepare and submit construction certific2tion letters and documents to the South Florida Water Management District. Florida Department of Environmental Protection and COUNTY agencies for construction of the roadway improvements. Record Drawin.~ Prepare record drawings delineating the dimensions, locations, elevations, etc. of all facilities as constructed. Provide the OWNER with four (4) sets of full size (1 i" x 17") prints and one (1) set of double size prints (22" x 34" plans on 24" x 36" sheets) on mylar of the record drawings clearly marked "as builts". In preparing these drawings, the CONSULTANT will revise the original contract drawings utilizing information provided by the Contractor who will review the update "as built" information periodically as the construction effort progresses. The CONSULTANT will perform field surveys to support the "as built drawings" and said drawings shall be certified by a registered surveyor or engineer. Additional services may be requested by the O~,,~'ER in accordance with tile Guidelines (Exhibit E). SCIIEDULE B Date: 3une 19, 1997 BASIS OF COMPENSATION For Goodlette - Frank Road Improvements from Pine Ridge Road to Vande?oilt Beach Road Extension (Coilier County Project No. 601;34). TASK NO, DESCRWTION C0,X?ENSATION 1.00 1.01 1.02 1.03 1.04 PUBLIC INVOLVEMENT Development Pmnering Program $ 10,250.00 Develop Public Informational Program $ 5,175.00 Prepa. re and At'tend Parmer';.ng & Public M'eetings $ 3,945.00 EvaJuate and Revise ExNbits/Present to BCC $ 2,170.00 Task No. 1.00 Sub Total: 21,540.00 Lump Sum 201 202 2 07 2 04 ENG~"EERrNG ,-L",'D LAND SUR. XT. YS Desitin Survey Aeriai Photography Right-of-Way Sur. ey Under~ound Utilities Task No. 2.00 Sub Total: 40,535.00 30,950.00 15,900.00 6,290 00 S 93,675.00 Lump Sum 3.00 3.01 GEOTECI-E',,q CAL SERVICES Soil Borings and Laboratory Testing Task No. 3.00 Sub Total: .$__25.00600 S 25,006.00 Lump Sum 4.00 4.01 4.02 4.03 4.04 TRAFFIC DATA Develop Traffic (Factors) Determine Intersection Signalization E~ablish Typical Sections Es'tablish Al-Grade Intersections Geometry Task No. 4.00 Sub Total: 15,004.00 2,106.00 1,770.00 5,745.00 $ 24,625.00 Lump Sum 34 5.01 ." .02 5.03 .504 DESCRIPTION DEVELOP DESIGN ALTERNATES Identify ,,'alignment Controls Establish Major Desi~ Features EstaJ:)lish Geometry Draft Design A]igmments Task No. 5.00 Sub Total: ~OMPENSATION 6,16000 6,160.00 g,250.0o 9,t95 00 $ 29,'765.00 l.aampSum 600 6.01 6.02 6.03 6.04 PERFORM COMPARATIVE ANALYSIS Right-of-Way Costs - (Order of Magnitude Estimate) Constm~ion Costs- (Order of Magrdtude Estimate) Capacity Analysis -(Travei Land and Intersection) Prepare Exhibits - Public Infom~ation Hearing Task No. 6.00 Sub Total: 4,130.0O 4,330.0O 3,160.0O 5,39OOO $ 17,010.00 LumpSum 700 7.01 7.02 7.03 800 g.01 8.02 8O3 9.00 9.01 9.02 10.00 lO.01 10.02 ROAD\VAY PLANS Grades and Geometries (.305'o) Basic Plans (60%) Detail PlaJ~s (90%) Task No. 7.00 Sub Total: UTILITY R.ELOCATION PLANS Utility Notification Utility Coordination Final Utility Relocation Plans Task No. 8.00 Sub Total: RIGHT-OF-WAY MAPS Right-of-Way Maps (Preliminary & Final) Legal Descriptions and Parcel Sketches Task No. 9.00 Sub Total: SIGNALIZATION PLANS Basic Plans Detail Plans Task No. 10.00 Sub Total 3'? 38,000 0O 58,000.00 28.0oo ~ S222,000.00 Lump Sum $ 2,250.0O $ 3,000.00 ~ 9.o0o.~ S 14,250.00 LumpSum 14,930.00 16,250.00 S 31,180.00 LumpSum S 26,143.0O $ 6,218 00 S 32,361,00 Lump Sum TASK NO DESCRIPTION ~Q3_.MPENSATION 1 1.00 SIGNTNG Aa\'D .".lARKING PLANS 6.22000 Task No. II.00 Sub Total: 16,220.00 Lump Sum 1200 12.01 STREET LIGHTING PLANS Street Lighdng Plans $ 3,15000 Task No. 12.00 Sub Total: S 3,150.00 Lump Sum 13.00 PEtEXtlTS 13.01 Initial Sleeting with Peru'&ting Agencies 13.02 Perm& Applications 13 03 Permit Revisions 3,200.00 25,50000 13,50000 Task No. 13.00 Sub Total: S 42,200.00 Lump Sum 1400 1401 14 02 FINAL CONTP, ACT DOCUMEN~/S (100% PLANS) Final Plans Final Documenls Task No. 14.00 Sub Total: $ 28,000.00 Lump Sum 15.00 15.01 1502 15.03 15.O4 1505 15 06 15.07 ADXqSORY SER'~qCES SLx (6) Sets Bid & Contract Documents Issue Complete Contracx Documents Aasist County with Pre-Bid Conference Respond to Bidders Inquires Prep~e Addenda and Issue ~&ssist County' w/Bids and Award Contract Attend Pre-Construction Conference 2,600.00 2,600.00 1,60000 3,cy30.00 3,000.00 1,600.00 1,60000 Task No. 15,00 Sub Total: $ 16,000.00 Lump Sum 16.00POST DESIGN SERVICES 16.01 Site Visits 16.02 Shop Drawings 16.03 Clarifications 16.04 Final Inspection 16 05 Pein'dr Certifications 16.06 Record Dra,Mngs 14,000.00 5,600.00 9,600.00 6,400.00 4,20000 8,400.00 Task No. 16.00 Sub Total: 48,2.00.00 Lump Sum 36 SECTION DESCRIPTION COMPENSATION 2 00 Basic Design Se~'ices (Tasks 100 - 14 00) S600,982 O0 3 O0 Advisory Ser,.ices (Tasks 15.00) S 16.r, fe0 00 4 CE) Post Desi~ Sec'ices (Task 16 00) $ 48 200 00 GRAND TOTAL: S665,182.00 Damp Sum B.I.I Lump Sum Fees are understood and agreed to include all direct and indirect labor cos~ personnel related costs, overhead and administrative costs, costs of sub-consultant(s) and./or su contractor(s), out-of-pocket expenses and costs, professional service fee(s) and any other costs expenses which ma5' pertain to the services and/or work to be performed, provided and/or furnish, by the CONSULT.&NT as may be required and/or necessary to complete each and eveD' task .~ fo~h in the Scope of Professional Se~'ices, Schedule A B.12 In no case shall the Lump Sum Fees on Schedule Abe exceeded without a change int scope of the project being approved by the Board of Count.',' Commissioners for Collier Cour Florida BI.3. The portion of the amount billed for CONSU'L.T,-U',~'T'S services v.'kich is on account oft Lump Sum Fees will be based upon CONSULT:MNT'S estimate of the proportion of the to se,'-vices actually complcted at the time of billing B. 1.4. Payments '.'.'ill be made for se~'ices rendered, no more than on a montNy basis, ,.viii'fin thi~ (30) days of submittal of an approvable invoice. The number of the purchase order by ,,,,'hi authority the services have been made, shall appear on all invoices. All invoices shall be reasonat substantiated, identify the services rendered and must be submitted in triplicate in a form and manr required by Ox,'~TR. B.15 Prior ~.o authorization in writing by O",x,%TR for CONSULTANT to perform the Additiot ' N Services, pursuant to article two of the Professional Ser~'ices Agreement. CONSULTA.:'T a OWN'ER shall agree by contract arnendment as to the hourly rate or lump sum payment to be ma PI~,O.JECT SCltEDULE SCIIEDULE C Date: June 19, 1997 PROJECT SCHEDULE DAY NO. Notice to Proceed 1 Design Study Due 120 30% Plans 240 60% Plans 360 90% Plans 480 100% Plans 540 Schedule for Construction Ser'.'ices (Tasks 14 & 15) ,.,.'ill be per the construction schedule to be determined at a later date. 38 SCIIEDULE D Date: June 19, 1997 I, SUIL-kNCE COVERAGE (1) The amounts and types of insurance coverage shall conform to the following minimur requirements v,'ith the t,$e of Insurance Services Office (ISO) forms and endorsements or ,.hei equivalents. (2) The insurance required by this Agreement shall be ,an"itten for not less than the limit specified herein or required by law, whichever is greater (3) Coverages shall be maintained x, it}-,out inten'uption from the date of commencement the work until the date of completion and acceptance of the Project by the Owner or as specified this Agreement. whichever is longer. (4) Certificates of insurance (3 copies) acceptable to the Owner shall be filed with the Owne vdthin ten (10) calendar days after Notice of Award is received by Contractor/Consultant/ Professional. Such certificates shall contain a provision that coverages afforded under the policie ,.,.'ill not be canceled or allowed to expire until at least thirty (30) days prior v, vitten notice has bee~ given to the Owner. (5) Ail insurance coverages of the Contractor/Consultant/Professional shall be primary tc any insurance or sel£insurance program carried by the Owner applicable to this Project. (6) The acceptance by Owner of any Certificate of Insurance does not constitute approval agreement by the Owner that the insurance requirements have been satisfied or that the insuranc~ policy shown on the Certificate of Insurance is in compliance with the requirements of tki: Agreement. (7) Contractor/Consultant/Professional shall require each of its subcontractors to prooarc and maintain, until the completig~ g:l,jr-,th, e subcontractor's work, insurance of the types and to the limits specified in this Section unless such insurance requirements for the subcontractor are expres.~ v,'~Jved in wfitin8 by the O,~-ner (g) Should at any time the Contractor/Consuhant.?~rof'¢ssiona] not maintain thc insuran, coverages required herein, the O~vner ma)' terminate the Agreement or at its sole discretion shall 1 authorized to purchase such coverahes and charge the Contractor for such covcrahes purchase The Owner shall be under no obligation to purchase such insurance, nor shall it be responsible For ti coverages purchased or the insurance company or companies used. The decision o£the Owner' purchase such insurance coverages sha',l in no way be construed to be a waiver of any of its righ under the Contract Documents. (9) If the initial, or an)' subsequently issued Certificate of Insurance expires prior to completion of the Work or termination of'the Agreement, the Contractor/Consultant/ Professional shall Famish to the Count)', in triplicate, renown] or replacement Certificate(s) c Insurance not later than thin)' (30) calendar days prior to the date of their expiration. Failureofth Contractor to provide the Count)' with such renex,.al certificate(s) shall be considered justification fo the Count)' to terminate the Agreement WORKERS' COMPENSATION AND EMPLOYERS' LIABILII~' Required bythis Agreement'~ (check one) X Yes No (1) Workers' Compensation and Employers' Liability Insurance shall be maintained by th, Contractor/Consultant/Professional during the lerm of this Agreement ['or all employees engaged ir the work under tkis Agreement in accordance with the laws of the State of'Florida. The amounts o: such insurance shall not be less than: a Worker's Compensation - Florida Statutory Requirements b. Employers' Liability (check one) X $i,000,000 Each Accident $500,000 Disease Aggregate $ ! 00,000 Disease Each Employee 4o S 1,000,000 Each Accident $1,000,000 Disease Aggregate $1,000,000 Disease Each Employee (2) United States Longshoreman's and Harbor~'orker's Act coverage shall be maintaine~ where applicable to the completion of'the work. (check one) __ Applicable X Not ,Applicable (3) Maritime Coverage (Jones Act) shall be maintained where applicable to the completio~ of'the work. (check one) ___Applicable X Not Applicable COMMERCIAL GENERAL LIABILITY Required by this Agreement? (check one) X Yes __ (1) Commercial General Liability Insurance shall be maintained by th~ Contractor/Consultant/Professional. Coverage ,,,,'ill include, but not be limited to, Bodily Injury Property Damage, Personal Injury, Contractual Liability for ti'tis Agreement, Independen Contractors, Broad Form Property Damage including Completed Operations and Products ant Completed Operations Coverage. Products and Completed Operations coverage shall be maintainec for a period o£ not less than five (5) :)'ears £ollowing the completion and acceptance by the Owner o the work under this Agreement. Limits of'Liability shall not be less than the following: (check one) __ General Aggregate Products'Completed Operations Aggregate Personal and Advertising Injury Each Occugence Fire Damage $300,000 $300,000 $300,000 $300,0OO $ 50,000 __ General Aggregate Products/Completed Operations Azggi'egate $500,000 PersonaJ and Advertising Injury Each Occurrence Fire Damage S500,000 $$00,000 50,000 × General Aggregate Products/Completed Operations Aggregate Persona] and AdveFtising Injury Each Occurrence Fire Damage $1,000,000 Sl,O00,O00 $1,000,000 $1,000,000 $ 50,000 (2) If the General Liability insurance required herein is issued or renewed on a "claims mad~ basis, as opposed to the "occurrence" Form, the retroactive date for coverage shall be no later th2 the corr~mencement date of' the Project and shall provide that in the event of' cancellation c non-renewal the Exqended Reporting Period (Disco,.ery Period) for claims shall be no less than thre (3) .','ears (3) The Owner shall be named as an Additional Insured and the policy shall be endorsed tha such coverage shall be primary to an)' sin:ilar cox erage carried by the Owner. [4) Coverage shall be included for explosion, collapse or underground property damag~ claims. (5) Watercraft Liability coverage shall be carried at the limits shown above if' applicable tc the completion of the work under this Agreement. (check one) Applicable X Not Applicable (7) Aircraft Liability coverage shall be carried at limits of' S2,000,O00 each occurrence it applicable to the completion of the work under this Agreement. (check one) ___ Applicable X Not Applicable PROPERTX INSURANCE - BUILDERS RISK (1) Property Insurance - Builders Risk coverage shall be carried by the Owner if applicab (check one) __ Applicable ~ Not Applicable (2) The Owner shall purchase and maintain in a company or companies lawfully authoriz to do business in the State of Florida and in Collier County, property insurance in the amount oft i~tiaJ Contract Sum as well as subsequent modifications thereto For the entire Work at the site or replacement cost basis ',,,'ithout voluntary deductibles. Such property insurance shall be maintain¢ unless other, tSse provided in the Contract Documents or other~Sse agreed in writing by all perso and entities who are beneficiaries of' such insurance, until final payment has been made or until person or entity other than the Owner has an insurable interest in the property required to covered, whichever is earlier This insurance shall include interests of the Ow"ncr, the Contractc Subcontractors, Sub-subconlractors and .Material Suppliers in the Work (3) Property insurance shall be on an all-risk policy form and shall insure against the perils, fire and extended coverage and physical loss or damage including, without duplication o£ coverag theft, wind and hail, vandalism, malicious mischief, collapse, falsework, temporary buildings ar debris removal including demolition occasioned by enforcement of any applicable legal requirement and, at the Owner's option, snail cover reasonable compensation For Prot'essional's ser','ices ar expenses required as a result of' such insured loss. At the Owner's option, flood insurance ,,,.'ill al.~ be purchased. (4) The property insurance provided by the Owner requires minimum deductibles and ti' Contractor shall pay costs not covered by the deductibles. The responsibility of the Contractor any deductible associated with the all-risk policy described above shall be limited to a maximum S1,000 for each occur-fence unless higher deductibles are identified in Exhibit C of the Contra, Documents. The responsibility of the Conlractor for any deductible associated with the insurance identified herein, if purchased by the Owner, shall be limited to a maximum of $1,000 each occurrence unless higher deductibles are identified in Exhibit C of the Contract Documents. (5) This property insurance shall cover portions o£ the ",Vork stored off the site ~¢r v, ritter approval of' the Ov,-ner at the value established in the approval, and also portions of the Work ir transit. (6) Boiler and Machinery insurance. The Ow'ner shall have the option of purchasing ant maintaining boiler and machinery insurance required by the Contract Documents or by la~,', whicl' shall specifically cover such insured objects during installation and until final acceptance by th~ O~'ner. If purchased this insurance shall include interests of the Owner, Contractor, Subcontractor~ and Sub-subcontractors in d~e \\'ork (7) \Vaivers o£ Subrogation The O~.'ner ar:d Contractor v,'aive all rights against (I) eac}' other and any of their subcontractors, sub-subcontractors, agents and employees, each of the other, and (2) the Professional. Professional's consultants, for damages caused by fire or other perils to the ex'tent covered by property insurance obtained pursuant to this or other property insurance applicable to the \Vork, except such rights as the)' have to proceeds of such insurance held by the O',vnet as fiduciaO' The policies shall provide ~.vai,.'ers of subrogation by eudorsement or other'v,.'ise. (8) A loss insured under O,.,,-ner's property insurance shall be adjusted by the O~.'ner as fiduciary and made payable to the O'.'.ner as fiducia,D' for the insureds, as their interests may appear. (9) If' Builders P, Jsk coverage is applicable the Contractor shall be responsible for the following maximum deductibles per occurrence per paragraph (3) above. (check one) All Risk Policy - $1,000 maximum deductible __ All Risk Policy - ,"4a.'dmu m deductible ors __ Flood Policy - $1,000 maximum deductible __ Flood Policy - Ma.ximum deductible of 5 AUTOMOBILE LIABILI-IW INSUIL&NCE Required by this Agreement? (check one) X Yes No (1) Automobile Liability Insurance shall be maintained by the Conwactor/ConsuhanffPro£essional for the ownership, maintenance or use of any owned, non-owne~ or hired vehicle with limits of not less than: (check one) __ Bodily Injory & Property Damage - S 500,000 Bodily Injur5, & Property Damage - $1,000,000 (2) The Owner shall be named as an Additional Insured under the policy. USIBRELLA LLA B I'Ll'I%' (I) Umbrella Liability may be maintained as part of the liability insurance of the Contractor/Consultant/Professional and, if so, such policy shall be excess of the Employers' Liability. Commercial General Liability and Automobile Liability coverages required herein and shall include all coverages on a "£ollowing form" basis. (2) The policy shall contain wording to the effect that, in the event of' the exhaustion of any underly/ng limit due to the payment of claims, the Umbrella policy will "drop down" to apply as primary insurance. (3) The General Aggregate limit, if applicable, shall apply separately to this project and the policy shall be so endorsed. PROFESSIONAL LIABILITY INSURANCE Required by this Agreement? (check one) X Yes No (1) ProfessionaJ Liability Insurance shall be maintained by the Consultant/Professional insure its leg~J liability for claims arising out of the performance of professional services under th Agreement Such insurance shall have limits of not less than (CHECK ONT.) __ $ 500,000 each claim and in the aggregate .._._X~$1,000,000 each claim and in the aggregate __ S2,000,000 each claim and in the aggregate each claim and in the aggregate (2) An.',' deductible applicable to an.',' claim shall be the sole responsibility of th ConsultanffProfessional and shall not be greater than S 150,000 each claim. (3) The Consultant/ProFessional shall continue this coverage for this Project for a period c not less than fi;'e (5) years £ollowing completion and acceptance o£the Project by the Owner. SCHEDULE E Date: June 19, 1997 T~R~TIt IN NEGOTIATION CERTIFICATE In compliance with the Consullants' Competitive Negotiation Act, Section 287.055, Florid2 Statutes, .l'ohnson Engineering, Inc. hereby certifies that wages, rates and other factual unit cost~ supporting the compensation for the basic services of the CONSULTA-NT to be provided under iht Professional Ser~4ces Agreement, concerning Goodlette-Frank Road are accurate, complete current as of the time ofcontracting Steven K Morrison, President Date: June 19 1997 47 SCIIEDULE F Date: June 19, 1997 PROJECT GUIDELINES AND CRITERIA For Goodlette-Frank Road Improvements. CLimiu of the project are approximately 1,500' north of Vanderbilt Beach Road Extension on Goodlette-Frank Road and 1,500' south of Pine Ridge Road on Goodlette-Frank Road). The OWNER has established the following Guidelines, Criteria, Goals, Objectives, Constraints, Schedule, Budget a.nd/or RequiremenLs which shall serve aa a guide to the CONSULTANT in performing the professional services and work to be provided pursuant to this Agreement: The purpose of this document is to describe the Project in sufficient detail that the CONSULTANT can prepare task descriptions and the basis of compen~fion for the services in sufficient detail to assure the OV,,'NER that all anticipated tasks necessary and the corresponding compensation required have been identified and defined by the CONSULTANT. The services provided by the CONSULTANT shall include all anticipated work necessary for the design and bidding phase of the project to ensure a complete, competently designed, and functional project. The ser','ices shall include all defined necessa%, studies and investigations, complete construction drawings, technical specifications, and contract documents, including all 'known necessary engineering surveys, right-of-way surveys, and maps and individual parcel survey plats and parcel descriptions, all necessary permits from state and federal agencies having jurisdictional authority over any aspect of the project. Should changes in design standards, scope of servi~s, environmental regulations, and permitting requirements occur after execution of this agreement which substantially affect the effort required, compensation for additional effort ',,,'ill be negotiated. The CONSULTANT will provide the construction plans and Right-of-Way maps for the widening of Goodlette-Frank Road from 2 lanes up to 4 or 6 lanes. Final construction plans with respect to 4 or 6 lanes to be based on design study results. Transition of all proposed lanes, cross sections, profiles and horizontal layout to match existing conditions within the project limits. A drainage system shall be provided within the right-of-way to accommodate the design where feasible. On and off-site stormwater mn-off attenuation and treatment aa required by permitting agencies shall be included in the design. Design shall be in accordance with provisions of the County Land Development Code and will be adequate to ttleq~pf-q'nit or approval reouirements f.f.m' the governmental agencies having jurisdiction over this project, i~t/&t"~tSS'~ate~Agreergej~fs -.... approved by thc OWNER including, but nol necessarily limited to U.S. Army Corps of Engineers, Florida Department of Environmental Prolection, Florida Department of Natural Resources and Soulh Florida Wamr Management District. Treatment of roadway run-off and prevention of erosion and siltation to adjacent areas during construction shall be provided. Mitigation may be necessary for wetlands areas impacted by the roadway. Design to be based on the assumption that the OV,~ER can secure variances to the County Land Development Code '7. The CONSULTANT will prep~.a'e design alternatives, which result in a decision of fight-of-way needs, design speed and road cross-sections. The work will include an analysis of the existing cross-section to determine what portions are .salvageable, if any. The OWNER will provide timely guidance to the CONSULTANT during this process by using in-house legal and Nght-of-way specialists to assist in decision making. The CONSULTANT shall consider in his schedule the impact of this activity. The CONSULTANT will provide pIanimetrics of the project area sufficient to define topographical details along the proposed roadway for a width of 300 feet either side of the Goodlette-Frank Road rights-of '.,.'ay. Provide one (1) set of blueline prints and one (I) reproducible copy of this sur~'ey. Improvements to maximize the s..afety and effectiveness of intersecting side streets [such as raised medians (curb and gutter), turn lanes, realignment, or expansions] within 1,500' of Goodlette-Frank Road. Ail roadv.'ay cross-sections and existing off-site topography including driveway and street connection points vertical control to be from field sur,,'eys. 10. The construction of this project is assumed ~o consist of one (l) contract. Il. The design time for Task 1 through 14 including permit submittals is scheduled for 365 calendar days (12 months). 12. The project typical sections on Goodlette-Frank Road shall be determined in the Design Study. 13. Recommended updates, and additions to the OWN'ER'S Standard Boiler Plate Contract documents shall be provided by the CONSULTANT to the OWNER for word processing. 14. 15. It is assumed that if environmental mitigation is required, it can be accomplished within the project's limits and/or adjacent to the right-of-way. Construction Se~ices are based on a 365 da.',' construction period. EXECUTIVE SUMMARY APPROVE A BUDGET AMENDMENT FOR THE WATER DEPARTMENT OBJECTIVE: That the Board of Count)' Commissioners, Ex-Officio the Governing Board of th,: Collier Counts' \Vater / Sewer District, approve a budget amendment for the \Vater Department. CONSIDERATIONS: 1. During FY 96/97 the \Vater Department will produce and distribute an estimated 567 million gallons of water beyond that which was budgeted for. This represented a 9.5% increase and is outiined in Exhibit A. This has resulted in a shortfall in Fund 4C, 8, Cost Center 253211 to complete the fiscal ','ear. Assuch, it is estimated that an additionaI S !6],co'~ will be necessary to completeth~ remainder of fiscal year. > :\]th~ughestimatedrcvenues f.,'orn the sale of the additiona1567 million gallons of .water has been ~ealized, the Department has been able to absorb the majority of the additional operating cost with the exception of approximately 5161,000 However, funds are available through the Depaament's personnel set-vices object codes to offset the remaining$1~. I,/y.~0 without removing funds from the Department's operating reserves. 3. Staff is requesting the Board of County Commissioner's, appr~.','e the transfer of funds from the Department's personnel service accounts, as listed in the attached budge~ amendment, to the Department's 25321I Cost Center to cover expenses for the remainder of the fiscal }'ear. GROWTH MANAGEMENT IMPACT: None FISCAL IMPACT: There will be no net increased fiscal impact as a result of the Board of County Commissioner's approving the requested budget amendment. Funds will merely be reallocated within the Department's existing budget. Cost Center 253211 (Regional Water Treatment Plant), Object Code 64310.3 (Electricity) would be increased in the amount of $ through a reduction in the personnel services accounts in Cost Centers: 253215 (Water Maintenance) in the amount of S 27,000; 253211 (Regional Water Treatment Plant) in the amount o $57,000i 253221(]"4orth Water Plant) in the amount of $20,C, OG; 2353212 (Water Distribution) in the amount of 557,0',30; all withdrawing from Object Code 523150 (Health Insurance). RECOMMENDATION: The Water Director recommends that the Board of County Commissioners, Ex-Officio the Go','e. rrfi,.n~'Orf~' of the Collier County Water/Sewer District approve the requested Budget ~e~ ' PREPARED BY: Michaef R. Ne~;p~} Director / fi~ Ed ilscgner, Public Works Adminlstr~tor Consent Agenda September ' - EXHIBIT A TO: 12 ATE: FROM: SUBJECT: REGIONAL WA,TER, T._.OTA~ 5,467,400,000 GALLONS A.b_Q~ AL W_~I_'SR P,~GDUC£D .%~A'P 2,$76,197,0~ GALLONS DIFFERENCE.: ~7~'~1,000 GALLONS OVER PRODUCrlOI~' BIff)GET. OR 93% MORE WATgR PRODUCED FOR F/Y 96~7. EXECUTIVE APl'ROVE TIIE INTERL()CAL AGREEMENT FOR FUNI) ACCESS LMPROVEMENTS I'RO,IECT. Objective: That the Board of County Commissioners approve thc interlocal agreemenl for fund sharin ti~e Naples Beach Access Improvements project. Con.~idcrafion: On .Iuly 30. I997. City slaff presented the Parks and Recreation Advisor', (PARA, B) with a proposal to share costs to improve nine beach access locations within thc Cit.', of (Attachment AL The proposed agreement stipulates that the County pa.,,' .,0°,3 of the project exceed 525.000 in 1997-1998. The addilion of she\\er facilities and paved areas at these access ber, efit ('otmt,, ar:d Oil,.' users. I[: hoxxexcr, thc current Bcacl~ Parking Imcrtocal ..\greemcnt is lerminaled or not rene',,.ed ,,,,ilhJn thc life span of the improverncnts, the C tx shall refund lo the Count,, the useful life remainder value of thc pr~ based upon a ten ','ear straigh! linc depreciation with no residual '. alue. The P:\RAB recommends that the Board approve thc agreement. OFiscallmpact: , The pro ect is budgeted in the amount of $25.0(0 for FY 1907-199g in thc hnprovements [:and. 306. G ro;vth 51anao, e. cment: None Recommendation: Staff and the Parks and Recreation Advisor} Board recon'~mend that fl'~c Board of Co Commissioners approve thc interlocal agreemem for fund sharing of the Naples Beach Access Impro,, em project. ~ohn Dnnnuck. Operations Coordinator Department of Parks and Recreation Revie',ved and Maria Ramsev. Director Department o'f Parks and Recreation/ Reviev, cd and Approved by: ' ' ~xT(:'~.-~ ,, ,. Thomas \V. Oltiff. Ad~.'~slrator Division of Public Services Date: ("[-F.\ ~'i '? INTERLOCAL AGREEMENT FOR FUND SttARING NAPLES BEACIt ACCESS IMPROVEMENTS PROJECT TillS INTERLOCAI. AGREEMENT, by and among Collier Count.',', (hereinafter referred to as the "County"); and the City of Naples, (hereinafter referred to as the "Git>'"); XVITNESSETH WIIEREAS, the Board of County Commissioners for Collier County have approved funding assistance ro the City of Naples for the Naples Beach Access Improvements Project, and 'WttEREAS, that funding was approved in the 1998 fiscal budget for Collier County; NOW, TIIEREFOI~.E, in consideration of the covenants contained herein, the County hereby agrees as £ollows Section 1 Fifty percent (50%) funding of the costs ofthe fiscal ,,,'ear 1998 Naples Beach access Improvements Project, payable as reimbursement to the City, not to exceed t?.'enty-fi,.'e thousand Dollars (S25,000) Section 2. Improvements are deemed to have a useful life of ten (10).,,'ears. In the event that the current Beach Parking Interiocal Agreement between the City and the Count,',' is not renewed for ten >'ears from the time of completion of the Naples Beach Access Improvements Proiect. the City shall refund to the Count.',' the useful lite remainder value of the Naples Beach Access Improvements Project. Refund shall be based on ten (I0) year straight line depreciation with no residual value. Section 3 This Interlocal Agreement may be signed in counterparts by the par~ies hereto. This Interlocal Agreement shall take effect upon the last day of execution by a party, to this Agreement Section4 This lnterlocal Agreement shall be recorded in the Official Records of Collier County' within thir'ty (30) days after this Agreement is fully Executed. ATTEST D\VIGHT E BROCK, CLERK BOAI:~JD OF COUNTY CON'fMISSIONERS OF COLLIER COUNTY, FLORIDA Approved as to form and legal sutl'iciencv' BY: T1MOTHY HA~',JCOCK, CHAII:LM.&N Thomas C. Palmer Assistant Count.',' Attome)' ATTEST: :Fara ~o~an, Ci~ Cie:'k APPRO~D AS TO FO~Xl .-LN~ LEG.~[TY BY Ker. nc:hB Cuxler Ck A~omev CITY OF NA, L~ ~ b,ilh 051197Bca:~dmpro~eAgrnt~oc SAg["~'. f ~0 .__/~ EPI~ Pg. _~. Memo ATTACHe. LENT "A" City of Naples, Florid TO: FROM: SUBJECT: DATE: .MARLA RAMSEV. DIR£CTOR COLLIER COUNTY PARKS & RECREATION DIREC~ OR DONALD J. NVlRTtl. CO.M.MLiNII'9' SERVICES DIRECTOR REQL:ESTED INFORMATION JI.!LY 21, 1997 You had asked that ',he City provide additional detail to support our request for C I P matching funds for beach access smpro'.'ements The City is requesting that the County match the Citv's S25,000 For a S5O.000 1998 project Specifically you asked that v,'e describe ,,','hat improvements would be made at ,.vhich locations. Am.ched is the plan that ',ve propose to implement with the 550,000 Please contact Terr',,' Fedelem or me, if you require additional information I appreciate your continued suppo~ in soliciting the County's participation in a project that benefits all Count',' residents Su,-nmar-v of Beach Access Improvements 1 7t~ Avenue North S6.350 2. North Lake Dr'ire 5,000 3 6t~ Avenue North 13,320 4. 4~ A;'cnue North 3,650 5. 1'~ Avenue North 5,300 6. Central Avenue 3,280 7. 3'~ Avenue South 1,750 8 4m Avenue South 9,750 9. 5m Avenue South J,600 550,000 cc Dr. Richard Woodruff, City Manager Anne Middleton, Budget & Investment Manager Te,'Ty Fedelem, Parks/Parkways Superintendent Attachment: Proposed Plan for '98 CI2 beach access. (D) 12 Agenda SEP I 6 19 ~7/22/~=.~7 :~_:C;~ 5~:~.5~'~ DETAIL O~ ~97-1998 BEACH ACCESS LMPRO' 7~ Av~ue No~h 1. Shower, DriVing Fountfi~ Wat~ Met~ and Concre:e Pad 2. Brick ~-~k~'ay~ (320SF) 3. F~nce Ba~i~ (501. Lin L_ N. Lake_Drive 1. Bulkb, eed Repairs 2. L~-,dscaping 3 BrEck Pave,,s 400 SF. ~ 6''s Avenue North (70'Deep) 1. La.ndscaping a. R--move Australian Pine Stump S250 b. Palms, Plums & Irrigation $2,500 c. Fill (Sand) 60 yard. 5420 2. Seawall (P-dp Rap) 3. Shower, Dfin.kSng Fountain, Wa~er .Me:e: & Concr~e Slab 4 Benches (2) 5400 ea. B~e P,2ck ('R.ibbon) 6 Ir. sta~l Brick Walk & Bench Pads 600 SF 4~ Avenue .Xo~h 1. Removal of'Australian Pines (3) '~ La.'~dscape ('Palms) 3 Brick Pavers 450 SF 4. BLke Rack (RSbbon) 1. Dune W~Ikover Repairs 2. Landscape (Palms) 3 Brick Pavers 300SF Bike Rick ('P-~ibbon) 6. Central Avenue i 1. Landscaping and Fence Adjustments 2. Brick Pavers 400 SF 3. Bike 'Rack ('Ribbon) L. '~. 3"~ Avenue So~tt.b OJas.F0untain & Skower~ 1. Brick Pavers 350 SF 8.4'~ Aven~t..Spulh 1. F, edeck & Replace Stingers for handicap deck and regul~ dune walk over 2. Brick Pavers 250 SF 3. Bike Rzck (Ribbon) ?_. 5~.cnue ~;9'o_th (H~ Fount~n a Shower) 1. Brick Pavers 200 SF 2. Emend Sidew~k to ~ Beach End 30' 'MENTS S4,250 1,600 5o.~o S6,350 1,000 2,000 5,000 $3,170 1,600 4,250 800 500 Looo S13,320 400 500 L25o 53,650 S2,500 $00 1,500 55,300 780 2,000 53,280 ~ 75..__.~o $1,750 8,000 1,250 500 $9,750 1,000 600 $1.600 --- Cc ,..Agenda ] SEP 1 Ii EXECUTIVE SUMMARY APPROVAL OF A FIRST AMENDMENT TO LEASE AGREEMENT BET~:EEN COLLIE COUNTY AND T/..SK FORCE FOR TIlE IIOMELESS FOR USE BY TIlE ST. MATTIIEW' tlOUSE FACILITY LOCATED IN TIlE OLD EAST NAPLES FIRE STATION. OBJECTIVE: To provide sufficient parking spaces so that the St. Matthew's House food kitchen m; continue to operate without being in violation of County code CONSIDER.~.TION: Since 1989, Task Force for the Homeless. a tax exempt charitable Trust, has uliliz. twenty (20) parking spaces in the north parking lot of the Collier County Government Center in order for il food kitchen at St. Matthew's House to operate without violating County Code With the current Lease Agreement expiring on September 29, 199'7, the Task Force for ',he Homeless CTa Force") has requested a one (1))'ear extension to the Lease Agreement. The attached First Amendment Lease Agreement provides for the desired extension to the lease term All remaining terms contained in ti Lease Agreement dated September I0. 1996, shall remain in full effect. Collier County has the right terminate this Lease wi:h or without cause by providing the Task Force with thirty (30) day written notice The Office of the County Attorney, Public Serx'ices Administrator, Risk Management Department ar Facilities Management Deparm~ent have reviewed the attached First Amendment to Lease Agreemem FISCAL IMPACT: None GROWTII MANAGEMENT: None. RECOMMENDATION: That the Board of County Commissioners approve the First Amendment to Lea Agreement whh Task Force for the Homeiess and authorize its Chairman to execute same. BY:_)-' c' ' ,"X,,/. ;~--- DATE: ";:: ' ' '/ ' '" PREPARED Michael H. Dowling, Real Properly Specialist, Real Property Management Department Thomas W Olliff, A--drni~'ator, Public Services Division DATE: 1Ills FIRST ^M[~,'DMI~N'[ 70 I.EASE AGREEMENT N~pJcs. Cell,ct Counb. Flor,da. b~ and ~ccn Task rc,¢c WITNESSETII tVIIEREAS. ~hc I. ESS~E and LESSOR ~rc dCSlrOU~ of ~m~'nd:ng Ih: Lc.~s: A~;~cmcn:. ~n] ll:c fo'.lo~lng ,s aJgcd Io Arhcl¢ 2 of :hc l.catc Agrccmca; IN WITNESS WHEREOF. thc LESSEE and LESSOR ka~c ):crtlo cxccu:cd d::* F~:~: X ' _ :' . TASK FORCE FOR THEItOMELESS AS TO THE LESSOR DATED ATTEST D\~,IGIITE BROCK. Clerk , D':,pub' Clcrk BOARD OF COL,'~T'K COMMISSIONERS. COLLIER COL'N'PF. FLORIDA TI~IOT)IY L HANCOCK, Ch.~irm::m Apprmcd a~, to Form and Irg~l Su [TlclCnc) }'lcid~ F. Albion AssisL2m County Anorr~y SEP 1 6 199; PO EXECUTIVE SUMMARY OACCEPTANCE OF LIBRARY LONG RANGE PLAN , IN ORDER TO QUALIFY FOR FY LIBRARY OPERATING GRANT (STATE AID TO LIBRARIES), ADMINISTERED BY ' FLORIDA DEPARTMENT OF STATE, DIVISION OF LIBRARY AND INFORMAT SERVICES, AND PERMISSION FOR CHAIRMAN TO SIGN APPLICATION. OBJECTIVE: Approval of the Library Long-Range plan, a required component in order to rec financial aid from the State Library of Florida for which the Collier County Public Library qual under Chapter 257 of the Florida Statutes, and permission for the Chairman to sign the applicatio~ State Aid. CONSIDERATIONS: The Board has approved subrnission of the Application for State At,t associated contracts and documents for over two decades. State Aid to be recognized in FY 19' anticipated in the Countv's FY t99S budget as General Fund revenue. State Aid is available to Florida public library systems which qualify as a result of mc~ minimum requirements as stipulated in F.S. Chapter 257 and Chapter lB-2 Florida Administr~ Code. The grant amounl is calculated by means of a formula which considers: (1) the amount of funds appropriated for the Library adjusted by a factor based upon the amount of revenue a one levy in the jurisdiction would generate, (2) the number of library systems in Florida which qualify given 5'car and (3) thc total amount made available by the State Legislature for such grants for 5'ear. State Aid to Libraries is, by legislative intent, provided to improve library services withir {~State and is to supplement., rather than replace, local effort towards that end. The Long Range Plan is prepared bv the Library Staff in consultation with the Library Advi Board, and includes various components required by the State Libr'~rv. Since the Plan was extensi revised for FY:)7, only thc action plans have been updated for FY98. FISCAL IMPACT: State Aid was included as anticipated revenue (5285,000) in the FY 1998 Co County Budget (001-156!10-334710). Actual amount likely to be received may be slightly more budgel amendment will be prepared to authorize the expenditure of the difference once a final fiI is available. Funds that result from this particular application will not arrive until FT 1997-98. GROWTH MANAGEMENT IMPACT: State ,,kid may not be used to fund capital constructio may be used for operating purposes and equipment. RECOMMENDATION: Staff recommends the Board accept the Library Long-Range Plan, authorize the Chair to sign it the application for State Aid, and approve their submission to Florida Department of State, DM of Library and Information~Services. (5 OREVIEWED AND ~ ~ ~ APl>ROVED B Y ~~~~ ...... DATE:_~.5-) ~omas W. Olliff, Pu~c Services Administrator Project No.: 98-ST- FLORIDA DEPARTMENT OF STATE DIVISION OF LIBRARY AND INFORMATION SERVICES FY 1997-98 STATE AID TO LIBRARIES GRANT APPLICATION Single County Library (File by October 1, 1997) The -3card of County Cc,,%missioners (name o,~ count'/ library governing body) governing body for the Collier Ccunt. y Public Library (name of county library) 1 hereby applies to the Division of Library and Information Services, Florida Department of State, for State Aid to Libraries grants as authorized under Chapter 257, Florida Statutes, an[ Rule 1B-2.01 t, Florida Administrative Code, for the fiscal year beginning October 1, 1997 an( ending S3ptember 30, 1998. Certification of Local Operating Expenditures We certify that the following total funds from local sources were expended centrally during the fiscal year beginning October 1, 1995, and ending September 30, 1996 (second previous fiscal year) for the operation and maintenance of a library under the conditions outlined in Chapter 257, F.S., and Rule 1B-2.011, F.A.C. We further certify that the amount listed below does not include any of the following: Funds received from the federal government Funds received from the state government Funds used for purchase or construction of a library building or library quarters Such funds are not eligible to be used as local match for State Aid applications under Chapte 257, F.S., and Rule 1B-2.011, F,A.C. Total local funds expended centrally by the county for the operation and maintenance ora library between October 1, 1995 and September 30, 1996. (Tha second previous fT$ca! year) $ 3¢081,932 Form #DLIS/SA01 £ffccdv~ 7-17-96 STATE AID TO LIBRARIES GRANT AGREEMENT The Applicant (Grantee) hereby makes application and certifies ehgibility for rece,pt of grants authorized under Chapter 257, F/on'da Statutes and Chapter 1B-2. Flonda Administrative Code I. The Grantee agrees to: a Expend all grant funds awarded and perform all acts in connechon,,v:th this agreement ~n ful compliance with the terms and cor~ditions of Chapter 257, Florida Statutes, and Chapter 1 2. FLon'da Administrative Code Funds will not be used for lobbying the legislature, the judicial branch, or any state agency b. Provide the Division of Library and Information Services (DIVISION) with statistical, narrative financial and other reports as requested. c Not discriminate against any employee employed in the performance of this agreement, or against any applicant for employment because of race, creed, color, handicap, national origin, or sex The Grantee shall insert a similar provision in all subcontracts for services by this agreement. d Submit to an audit to be perfonmed ~n accordance with the rules of the Auditor General promulgated pursuant to Section 1 ! .45 and 216.349, Flon'da Statutes, or submit an at!,estat~on statement. Such audit or statement will be filed with the DIVISION and with the Auditor General. If the amounts received exceed S100.000, an audit must be performed in accordance v,'ith rules of the Auditor General promulgated pursuant to Section 11 45. Florida Statutes If the amounts received exceed S25,000 but do not exceed S100.000, anaudit must be performed ~n accordance with the rules of the Auditor General promulgated pursuar to Section 11.45, Florida Statutes. or a statement must be prepared by an independent cerlified public accountant which attests that the receiving entity or organization has compile, with the provisions of the grant. If the amounts received do not exceed S25,000, the head ol the entity or organization shall attest, under penalties of perjury, that the entity or organizatio has complied with the provisions of the grant. e Identify an individual or position with the authority to make minor modifications to the application, if necessary, prior to execution of the agreement. II. The DIVISION agrees to: a. Provide a grant in accordance with the terms of this agreement in consideration of the Grantee's pefiormance hereinunder, and contingent upon an annual appropriation by the Legis',ature. In the event that the state funds on which this agreement is dependent are withdrawn, this agreement is terminated and the DIVISION has no further liability to the Grantee beyond that already incurred by the tem'fination date. In the event of a state revenue shortfall, the total grant may be reduced accordingly. b. Notify the grantee of the grant award after review and approval of required documents. The grant amount shall be calculated in accordance with Chapter 257, Florida Statutes and 1B-2 Florida Administrative Code. c. Distribute grant funds in two payments. The first payment will be requested by the DlVlSlOI' from the Comptroller upon execution of the agreement. The remaining payment will be mad by June 30. III. The Grantee and the DIVISION mutually agree that: a. This instrument embodies the whole agreement of the parties. There are no provisions. terms, conditions, or obligations other than those contained herein; and this agreement shall supersede all previous communications, representation, or agreements either verbal or v,,rirten, between the parties. No amendment shall be effective unless reduced in writing and Form #DLIS,'SAOI NO E~':c~...: '~.,7-96 SEP ; 6 !':- Form ,~DLIS/SAOI Effecti','~ 7. I ?-96 wri~en, be~veen the parties. No amendment shall be effective unless reduced in ,,,,,r~t~ng and signed by the parties. b. The agreement is executed and entered into in the State of Florida, and shall be construed. performed, and enforced in all respects in accordance with the laws and rules of the State of Flor!da. Each party shall perform its obligations hereunder ~n accordance with the terms and conditions of this agreement c. If any term or provision of the agreement is found to be illegal and unenforceable, the remainder of the agreement shall remain in full force and effect and such term or prov,s~on shall be deemed stricken. d. No delay or omission to exercise any right, power or remedy accruing to either party upon breach or default by either party under this Agreement shall impair any such right, pov,,er or remedy of either party: nor shall such delay or omission be construed as a waiver of any such breach or default, or any similar breachior default. e The DIVISION reserves the right to unilaterally cancel this agreement in the event that the Grantee refuses to allow public access to all documents or other materials subject to the provisions of Chapter 1 19, Flon'da Statutes, and made or received by the Grantee. f Unless authorized by law and agreed to in writing by the DIVISION, the DIVISION shall not be liable ~o pay attorney fees. ~nterest. or cost of collection g The DIVISION shall not assume any liability for the acts. omissions to act or negligence of the Gran;ee. ~ts agents, se,wants or employees: nor shall the Grantee exclude liability for own acts. or'n,~ss~erm to act or negtigence to the DIVISION. In addition, the Grantee hereby ag:ees to be responsible for any ~ajury or property damage resulting from any activities conducted by the Grantee. h The G ar,tee, other than a Grantee which is the State or agency or subdivision of the State. agrees to indemnify and hold the DIVISION harmless from and against any and all claims or demands for damages of any nalure, including but not limited to personal injury, death or damage to property, arising out of any activities performed under this agreement and shall ~nvest~gate all claims at its own expense. i. Neither the State nor any agency or subdivision of the State waives any defense of sovereigr ~mmunit'/, or increases the limits of its liability, upon entering into a contractual relationship. j. The Grantee, its officers, agents, and employees, in performance of this agreement, shall act in the capacity of an independent contractor and not as an officer, employee or agent of the DIVISION. Under this agreement, Grantee is not entitled to accrue any benefits of state employment, including retirement benefits and any other rights or privileges connected with employment in the State Career Service. Grantee agrees to take such steps as may be necessary to ensure that each subcontractor of the Grantee will be deemed to be an independent contractor and will not be considered or permitted to be an agent, servant, joint venturer, or partner of the DIVISION. k. Neither party shall assign, sublicense, nor otherwise transfer its rights, duties or obligations under this agreement without the prior written consent of the other paR, which consent shall riel unreasonably be withheld. Any sublicense, assignment or transfer otherwise occurring shall be null and void; provided, however, that the DIVISION shall at all times be entitled to assign or transfer its rights, duties or obligations under this agreement to another governmental agency in the State of Florida, upon giving prior written notice to the Grantee. In the event the DIVISION approves transfer of Grantee's obligations, the Grantee remains responsible for all work performed and all expenses incurred in connection with the / s£P I agreement. This agreement shall bind the successors, assigns and legal representatives of the Grante( and of' any legal entity that succeeds to the obligation of the DIVISION. This agreement shall be terminated by the DIVISION because of failure of the Grantee to fulfill its obligations under the agreement in a timely and satisfactory manner unless the Grantee demonstrates good cause as to why it cannot fulfill its obligations. Satisfaction of obligations by Grantee shall be determined by the DIVISION, based on the terms and conditions imposed on the Grantee in paragraphs I and III of this agreement and of Rule 2.011, FIoEda AdministraUve Code. 'The DIVISION shall provide Grantee a written notice default letter. Grantee shall have 15 calendar days to cure the default. If the defaWt is not cured by Grantee within the stated pedod, the DIVISION shall terminate this agreement, unless the Grantee demonstrates good cause as to why it cannot cure the default within t,h~ presc_.ribed time pedod. Forpurpose, s of this agreement, "good cause" is defined as cJrcumstances beyond the Grantee s control., Notioe shall be sufficient if it is delivered to the party personalh/or mailed to its sp,ecaf-~J address. In the event of termination of this agreement, the Grantee ',,rill be compensated for any work satisfactorily completed prior to no~fioation of termination. administrath, e unit. In the event of a change Of address, it is the obligation of the mo~;ing party to notYry the other party in writing of the change of address. IV. The term of this agreement will commence on the date of the notification of grant award. THE APPUCANT/GR.ANTEE THE DIVlSlON ECARD CF "'OU'''''v~ .,~. COMMISSIOIqERS , CF COLLIE,= COUNTY Signature Sandra B MorSham. Secretary cf State ?:mo .... ' uancock, Cnai[man ,Daze: ATTEST: l;,;'GHT U. 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Jo ].mn ~ uo p'os~q uon~J ~,{Oldtu; Lr~ pu;mmo:r~j t~opu::x)ss.V X.J'~q!q, ~?PPO!=I ~ pu~ uopuz, oss¥ .O.~jq!...[ t.~3'.t./S, LLp,y ;,q.j.. s'aa.(Oldtua jo aoqmnN '9 ss;I s! m;LU;.mse;m s!ql jo I.~npm, d-,(q ;.~!le~;u ;iLL "d'no~ ls;l ~p u! ~s~1 oi :x;u pu~ l~p.uoL~ Jo ;;']~S ;tO Jo %0[ LUO;]Oq ;q? U! s~CL~; .,O'~.jq!'-] o!lqnd ,<lunoD '~o!U°D ;LL.L ~]d.a aacl laaj aa.nbs .O..Jq!q .g LONG RANGE PLAN I LONG RANGE PLAN A. .MATERIALS I. Books The Growth Management Plan adopted by the Board of County Commissioners, calls for the development of the book collection at the rate of 1.05 books per capita. In 1994, the Board of County Comm/ssioners instructed staff to increase the books per capita threshold by a rate of .05 yearly until the State mean is reached. The following chart visually depicts book stock requLrements as it relates to population growth. I PEP, ~A POI'ULA TI O~N 1995-96 1.15 215...r320 [ 247 618' I_______~996- 97 1.20 2 Z8.~_426 271_~711 199v.98 ~.25 238.087 29%6o8 1998.99 1.30 Z50r364 3~.~t473 1999-00 1.3~ 26~_~.~ 3S_~ 438 _____~-ol 1.4o 2~_~ 2001-02 1.~5 ~80:896 407r299 ~o2.o~ L~o ~ ~8~'~ 20~-04 1.~ 296 21~ 20~4-05 1.60 ~04~191 486~?05 The cost of the book_~ will h,- e.~,-.,,1~,2.4 ~...~ ..... :t upon actual systems data and the cost projections provided through vahous Amevica~ Library Association approved sources such as ?ublishers Weekly armual cost list. 'At present, the actual bookstock meets requh'ements. 2. Non book materials The Library system will continue to avail it. ll of new innovations and prrxiucts that relate to the mission statement of the Coil/er County Public Library. The following areas, at le~t through the year 2005, will continue to be developed as major non-book activities. 1 ) Periodicals 2) Newspapers 3) Videos 4) Books on Tape 5) CD-Rom applications for home computers 6) Music for listening pleasure. 7) Inter'net 8) Electronic data bases Agenda SEP I ~ ,J, t lb.c two most acccp[cd methods for c~culafing staff size ~c ~ centered ~ound mc~ns testing. These me,ods ~e: 1) Full time equivalents (F.T.E.) per 10,000 residents 2) Circulation per employee { For both of the~ metho&s there are national and state norms created. In 1995, The Library Admh'fistrat/on adopted and presented a model for cLrculatlon per employee to the County M'anagement and the B.C.C. Th/s model was based on state and area Bo,rms. Thc State mcan is I employee for every 13,890 circulations. The local area mean is 1 employee for every 15,865. This includes Lee County's standard which is 1 employee for cvc~, 14,370 circulations. At present, because of budgetary constraints, the Collier County Library ratio is 1- 21,000 circulations. By the end of fiscal year 1996, this rado wD exceed 1-25,000 circulations. The LAB finds the ratio negative, but lacks the authority to mandate a persormel standard. Projected Staff Needs for the Collier County Public Library" 1996--1997 Population',* 215,320 # of Professionals needed 22 1997-1998 226,426 23 1998-1999 238,087 24 1999-20(X) 250,364 -- 25 ~ 263,286 26 2001-2002 273.541 27 'Based on American Library Association norm of 1 # of non. professionals needed 66 69 72 75 78 -- Total s't~f 88 92 96 I(30 104 108 )rofessional for each 10,000 citizens and 3 non professional for each professional. **It should be noted that at present thc Collier County Public Library is author/zel~l' ,~end,~ l.te~ FTE's or approximately 60% of standard '"Weighted population { SIP I ~ 19[ C. FACILITIES 1. Authority The Growth Management Plan adopted by the Board of County Commissioners calls for public Library facilities to be constructed at the rate of .33 square feet of space for each citizen. In addition, the G.M.P. provides a mechanism for the stocking of these branches by identifying books as a capital expense and cr=adng a books per capita threshold. The G.M.P. does not provide for the daily operations of new facilities built under this program. The legally constituted Library Advisor), Board is required by the Board of County Commissioners to approve and adopt a recomznended Long Range Plan for the construction of said Library facilities as authorized by the G.M.P. In addition, the LAB also recommends the gener~ an:as for the locations of these facilities. II. POPULATION The population of Collier Count)' in 1970 was calculated to be 38,0.~.0. TNs population had grown to 186,50-~ by 1995. According to a report by the Btm:au of Economic and Business Research, Collier County's population gr~w by 77% during this time frame while the rest of the state grew by only 33% and the U.S. by 10%. Collier County has an estimated population density of 92.1 penons pe.r square mile. Between 1990 and 1995, CoBier County's permanent population is estimated to have increased by 35,000 people with growth continuing at an annual rate o£ approx. Lmately 3%. The pace of growth is expect-~d to continue at th. is level. The Collier County PubLic Library serves thte~ distinct segments of th. is population. The largest segment is comprised of the 12 month residents. 'INs figur~ is officially calculated every 10 years by the census bureau and up-dated periodically by the State of Florida. This permanent segment is estimated to be 180,000 citizens. In addition to the 12 month population, a unique feature of Collier County is another segment which decla.ms, for tax purposes, Collier as its home residence. These citizens a.m required by law to domicile within the County at least 6 months plus i day each year. Tn. is population is estimated to be about 80,000 strong. These two segments create a year round Library service population of about 260,000 people. The third segment of the population is comprised of those who choose to only winter in Collier County; therefore, limit their stays from 30-120 days. This population can add as many as 60,000 additional citizens to the service base during the t~,e frame referred to as "the season". One characteristic corrtmon to all three Populations is their use of the public Library system. I~ recognition of th.is floating Population figure, a weighted population scale was adopted , pan of the gxo~t th mm~agement pD. nmng process. This scale more accurately reflec~ actual user population of Collier County's Public Library system. In addition to all Cot~nty .and St~te data. public Libra.ry records support the weighted population concept. For th,~ ..... ume period of November tN~ough May Library usage and circulation is 30% rearer Junet?;rou,.:,hOclober In ~ ~, ,. · , ..... , .~. :,' rcx'~cw of internal records rc~c ,nu t'-rc~idencc users and a h;,'h number of non-rcs~dent users. Chart ¢1. visuall)dcp~c~ thc csmna:ed ac~uais for our pnpulafion. Ch~n ~2. visually dep~ls d~c weighted populam,n ;:nd square foo:;t~e rcqmrcmenl,. Ch~ ~3, depicts our present by location. CItART #I COI.I. IER COUNTY. I'erm:,ncnt Populalion Estimates and Projections By l'lanning Community ~'1990-2020) (April I) PlanuingC°mmunities2 1990 1995:< .'2000] 2005 [ 2010 2015 20: N°~h-~"a~'~v~ ~ 24,892 38,438 51,877 66,417 82,230 100,152 11%i Central Naples 13,595 15,150 20,448 26,179 32,411 39,475 47, Ea3t Naples. 19,627 21,429 28,922 37,028 45,844 55,835 66,. ,:_Siiuth Naples 12.820' 16,809 22,686 : 29,044 35,959 43,796 52, .i, Gblden Gate ' i~,]112 25,675 34,652 44,364 54,927 66,897 801i ~:MaTrco~Isla nd 10,97§---13,146 17,743 22,716 28,124 34,253 40."--~.~ .;U/'b~u:'Es~tes 4,7'19 8,790 11,863 15,188 " 18,804 22,903 27.~ 3~6tmlee - -' " 15,31,l- 18,260 24,645 31,552 .... 39,064 47,578 56,~ ~.Rfiral F_.states 5,482 f 10,771 14,537 18.612 23,043 28,065 33.~ .'Cdr'~rew . 1,229 I 1.419" 1,915 2,452 3,036 3,697 4,4 !.ItiSya I Fakapalm 4,99--'-----~- 6, I 0---'-'--~ 8,23.~- 10,543 13,053 15,897 19.0 ~;..Cypress . 218 245 330 422 523 637 7 :-zC"itYi of Na pies 19,50~- 20,629 21,681 22,787 25,455 26,753 28.1 j.~.~¥ghides City~ '~ 321 538 567 597 628 661 6 · /_'626'unty. Wide Totalt 152,099, ;19'7'i400~ "260/100:"I~'-327~900; ~'403/100;~ ~A863'600~ 578;21 Source.. Bureau of tz'conomt'c and BusinesI Research . Il.; .... ;~. .r rr-~ ....... ' ty of Flori~ Bulletin #111, February, 1995 .Vote: All projections based upon Bureau of Economic and Business Research "high" range figures, and are as of April I. CtIART #2 Square Footage Requirements Via G.M.P. 95-96 96-97 97-98 98-99 99-00 00-01 01-02 02-03 03-04 04.05 05-06 · .; ~~'i:i~l/,t~0n:.~i'~'.~,: ,. 215,320 - 226,426 2~8,087 250,364 263,288 273,541 _ 280,896 7.88,452 296,215 304,191 311,857 71,055 74,721 78,569 82,620 86,884 90,269 92,696 95,189 97,751 100,383 102,91~3 - I'OPUI.ATION PP, OJECTIONS BY ARI"A Branch Library Planning DLstricu Total Population Total Population Total PopulalJon Toad Gro,,,* ' ' Served Within . 1995 ~ 2005 Radius Collier North 1-2-12 62,500 95,500 109,500 47.000 Estates Branch 8 11,000 15.000 19,000 8.000 .._E a_s t Naples 4-5 38,500 52,000 66,000 27.500 Golden Gate 3-8-12 46,000 61,500 77,500 31,500 .Marco Island 6 14,000 18,000 23,000 9,000 Im mokalee 10 18,000 24,000 31,000 13.00(} I '"In thc above chart, the line for rural estates, combines planning districts 8 and 12. This ch'a.r't indicate~ that large population growth is expected in planning areas 1, 2, 3. 4. 5 and 12. during the next 10)cars Districts l. 2 and 12. arc homogeneous in location forming the Northwest boundaries of the county. A stud)' of the building permits issued over the past several )'ears. would indicate that district 2's gro'.vth is slowing do`.'.n and may be approaching buildout. However. districts I and 12. have issued permits at a rate higher Ihan :he combined rate of all thc rest or the count,,'. The two char'ts shown in Appendix l. visualN' depict :, s:x :'ear history of the build'lng permits and the type of SLFdC:t. Jres being constructed. These cha;'~,, clearly indicate that the :,,'or'th is gro'.~ing, followed closely by Golden Gate and the Est:tees The third area for g'ro~th includes South Naples and .'xlc/rco'l.,land. t V. POPULATION CONCLUSIONS The ncx: step is to tie uhe past into ~e future. During the past 25 ;'cars. the County's po?ulation has erown bv 150.000 people. Between 1980 and 1990. th~ Count,,' population grew b;' 77% [or a I0' .','ear average of 7.7% per .','ear. l-tov,'ever, from 19~0-1995. the growth slo`.~ed to approximately 3% per year. It is now believed by most planners at the State and loca] area, that the 3% growth rate will become the norm with a full County build-out producing a population in the mid 390.000 range. A study of land use maps, a review of present zoning laws and environmental requirements and limitations, makes it very clear that growth will come and, just as important, '.','here it will be located. Over thc next I0 >'ears. the largest population growth and construction activity ',,,'ill take place in thc Northern sector of planning district I and the Northwest sector t~f planning district 12. Planning district 6 which is Marco Island and planning district 3 which is Golden Gate '.','ill also grow rapidly. However planning district 5. which is South Naples '.'.ill grow at aboul the same rate as districts 3 and 6. The following char'~ of housing unit projections, support Ibis growth pattern. COLLIER COUNTY Ih)using Unit Projections (1990-2020) Plan~i~g Comn~u~ity 1990 1995 2000 2005 20 North Naples 15,769 24,637 33,036 42,484 53.0 South Naples 8,698 11,500 15,418 19,845 24.7 Central Naples 8,279 9,561 12,820 16,486 20.5 Ea6t Naples 11,777 13,382 17,944 23,075 28.7 Marco Island 12,207 14,904 19,985 25,700 32.(1 Golden Gate 9,672 13,048 17,496 22,499 28.(1 Urban Estates 1.977 3,436 4,608 5,926 7.3 Rural Estates 1,810 3,439 4,612 5.931 7.4 Royal Fakapahn 3.014 ~ 3,745 5,022 6,458 8.(I Big Cypress 121 142 190 244 3 Col kscrc ~ 426 507 681 875 1.0 I m m o k a I e e 4,911 6,024 8,077 10,387 12.9 Unincorporated Totals 78,661 .104;325 139,889 179t910 224,5 IJicorporated Areas 1990 ":;,:1995 ' 2000 :":2005 20 City of Naples 15,312 16,124 16,874 17,624 18.3 Ever:~lades Cit.',' 192 206 212 217 '~ Incorporated Totals 15,504 16,330 I7,086 17,841 18.5 Co._uno' Wi~e Totats 94~165 ;:120,655 ..' ~156,975 ~19.7~751 243,1 Note He~:sin~z unit projec;~ons '.,.ere generated by dividing high range p..opulalion projecnons b? p-zrson per :o:al d,,.e!ling unit figures from Ihe 1990 Census as determined by in-house populaIion es~ima:es Figures based u?on .Marzh. I994 data. Source: Collier Count.',' Comprchensp. c Planmng Sectmn. March. 1995 VI. AREA LOCATIONS FOR LIBRARY SERVICE CENTERS A rev:e'a of all information concerning population growth and the location of that gro~vth cle~lv identifies four general areas within the Collier Count),' borders that will most likely be effected. Those ~eas are: l ) The Northwest portion of the County, (District 1 and 2). 2) The Golden Gate Estates area (District 3 and 8). 3) Marco Island (District 6). 4) South Naples (District 5). At the present time, districts 3 and 8 are serviced by two branch Libra.ties. Golden Gate City with 7,000 square feet and the Estates branch, v,'ith t 1,200 square feet. The projected population for this area by the ,'.'ear 2005 is 59,552. Using the G.M.P. factor of .33 square feet, a maximum square footage of 19,000 would be needed. The existing 18,200 (if properly maintained) should be adequate through the .','ear 2007 or 2008. At present, district 6 is serviced bx' the Marco Island Branch Library. The present building cotttains 5,600 sq. feet. In Ihe fall of' 1996. a 6.(CK) square foot addition will be added. Thus. Marco Island will be serviced b)' I 1.600 sauare feet of Library space. The proJected population for this 30.000. U,qine the G.M[P. factor of .33. indicates a modest surplus al thc ,,'car 212105. I~'o.._-.~ be sen'iced by I 1,600 square feet of Library space. The projected popu}ation for this area is 30,000. Using the G.M.P. faclor of .33, indicates a modest surplus at the )'ear 2005. If properly maln;ained, the new Marco facility will be capable of providing Library sen-ice through the 3'ear 2020. These calculations leave us with two remaining areas as possible locations for Libra.~, se,"','ice centers. The,,' are planning district 1 and 12 and planning districts 5 and 7. A further review of the data supports the conclusion that the largest growth ,,,,'ill come first in the northern sectors. Thus, library construction should follow that pattern The growth in the.south, would be addressed as second in priority and scheduled to follow a northern project. An extension of this discussion is that the L.A.B. recognizes the short comings of the East Naples Branch Library and the shifting population of the planning districts 4 and 5. A d~ision concerning the future of the E,[tst Naples Branch Libras2.', v,'ould be made during the planning stages ora new southern location. t V[I. FACILITY SIZE At presenl, CoiL/er CounD' documents call for the construction of 6,000 sq. fi. branches v,'iLh 3,000 sq. ft. additions. This philosophy is outdated nationwide and has been removed from the comprehensive plans of most Flor/da Library Systerns. The primary reason for the pb./losoph/cal change has been two fold: 1. Growing population 2. Inability of Counties to stuff multi-neighborhood branch networks. Tt~"ough tiffs document, the Library Advisory Board recom.mends the adoption of the Regional concept to govern new construction for the next 10 years. The adoption of philosophy will allow Library facilities to be construct.ed thai meet the goals of the Growth Management Plan, while at the same time have better control of the operating cost. (See Appendix I] 'q-he Regional Concept" for justification). The following time Line visually depicts the Long Range Building Plan. ~ A~nd,s lt, e [- Agen~ It~m / 5EP 1G~gg7 ,1. Ill& SEP ' 6~ _ ~ APPENDIX I APPENDIX I Building Permits Issued in Collier County By Structure Type (1989-1994) STRUCTURE Church ~ndu~tri~l ~ Hom~ 267 TOTALS -~ 1991 I 336 2.51 0 176 161 1------~ 9 1,576 215 20 1 1,762 1 175 ' Figure refers to the nwnber of structures and not the total number ofu. nit$ Source: Collier County B,,ilding Review and Permitting Department, November, 1995 471 PLAN/~'ING ~Golden Gate Marr. o._~ I__.~ d C.x:nt~c w I~okalee TOT~ Building Permits Issued By Planning Community (1989-1994) 1989 1990 1991 1992 ~- s-----'~- s'-'-----~ s ~ 434 788 162 634 316 905 111 235 159 808 297 736 7 19 520 0 63 161 _.6 8 2,085 4,458 81 153 71 58 310 692 2~6 488 102 186 53 116 Ill 382 182 20 19...~3 334 107 2 12 0 8 0 ~ 525 7 2 0 ~ 0 15] 57 43 14 7 17 4 0 2 116 3743 1.6.,~ 1554 447 1288 95 71 318 358 121 ? 499 32 5 0 30 20 3 0 1.762 2002 S=SINGLE M-MULT/ FA.MILY FA.M]Z,Y Note: Multi. Family ca!egor), refers to Untmt$, ~ not xtructure$ Source.- Collier County Building Review a~td Perrnitn'ag Departmeat. November, /993 ~---__L._~ x~4 S M S M 132 104 2...~11 124 148 166 72 90 6? 118 131 117 194 139 152 100 193 158 9 0 19 3~- 329 0 45 160 43 0 1.436 I 464 NO. _/_~, SEP I f; 19J APPENDIX II ! SEP I~SS7 L ,__.~ THE ROLE OF REGIONAL LIBRARIES IN A DEVELOPING SYSTEM In 1924, the Chicago Public Library initiated the regional concept in the United States to set. vice the increasing numbers of Library patrons who began to settle in outlying areas of the city. WI:dI~ not otherwise in wide use the Regional philosophy remained in the profession throughou:, the years The changing economic conditions of the 70's brought this old concept back to the forefront. Rename¢ and redesigned in the 70's as "super branches", these newly emerging Regional Library Service Cen. rets, were intended to provide a wider range of Library coverage to a heavily populated area or tc clustered geographical areas within a fast growing or changing population base. The idea was to re- place the need for several dependent neighborhood branches with one independent Regional Library Service Center thus reducing the system's overall operating cost. The neighOOr branch, by its very name, was limited to providing a predetermined lev~ of Library service to a unique and geograph/cally specialized group of people. In the standard American model, a neighborhood branch should provide .6 square feet of space per capita for the identified population, have a service area not to exceed a 3 mile radius, and be staffed by I professional for .each 10,003 people served with 3 non professional posi- tions suppor-dng the professional slot. The branch should own 2 books per capita and provide 6 day service. While tJ:.is definition is somewhat .~tafic, it has been the basic model used by the Library profes- sion for the past 15 years. It has for much of the country been efficient, effective and highly useful in creating a network of public Libraries which are unrivaled in the world. The need for a change in the neighborhood branch philosophy first began to appear in the late 1960's in California. Local voters voted to limit the growth of funds available through the property tax base. 'Fl,us, less money was available to support non mandated services. The systems with large net- works of neighborhood branch libraries, came face to face with disaster. During the 70's and 80's, states like Arizona. Texas, Florida, North Carolina and other individual cities, were confronted by exploding population growth with/n defined geographical areas that previously had been stable and developed. Local goverrunents in these areas found thenuelves in a coast.ant b,a/.lding mode placing 6,000-8,000 square foot branches in neighborhood after emerging neighborhood. The price tag for this type of grow-,.h was heavy in both staff appointments and materials duplication. Local governments,, with their sh. rirrking discretionalT funds, began to have trouble sta.ffmg their many neighborhood facilities. It is estimated that in California alone, during the mid to late 80's, 1/3 of all neighborhood branch locations wcre closed with another 1/3 suffering reduced hours and staffs. The professional response to these types of scenarios was the adoption of the Regional concept. The working philosophy incorporates a three tiered system that includes a strong Central Library, supported by Regional Service Centers and a limited number of community and/or neighborho,vd branch locations. In this philosophy, a neighbor- hood facility can be rented and located as a store front or mall mini Library. In Phoenix. Arizona a l:>Cpulation explosion rivaling Florida. occurred during the 80's. The Arizona situation never reached the disaster level experienced by the Califorma Public Libraries for they developed and placed into operation a variation of the Regional concept. They decided to convert existing branches rather than build new ones. In the Phoenix model, two branches, the Mesquite and Cholla branches were seen as candidates for regional status due to the heavy population growth expe- rienced within a 6-8 mile radius'of these existing facilities. Under the old system, new neighborhood facilities would havc becn constructed wit. kin ~csc cmcrging ncighborhoods. Instead thc two square foot facilities were expanded to 30,000 squa. re feet, given a broader mission statcme~ equipped to provide regional service. In a phone interview with the former Director on July 15t Edwards stated that if the two regionds had not been created, 5 neighborhood facilities woulc been required. In the Phoenix model, each regional facility requLred a staff'of 12 FFE's for a total Each neighborhood facility would have required 8 employees for a total of 40 FTE's. Thus a net st of 14 employees, 30% in materials and 50% in operations. Fort Worth, Texas had a similar dilemma, explosive population growth in several geograt areas of thc city. Thc growth in thc south and southwest areas exceeded thc service ability of the ncighborbood branches. Because of the limitations in thcLr size (both 7,500 sq. ft.) and their 1o~ and lot sizes, none of thc existing branches were deemed ~lequatc to function as Regional Li Service Centers. It was estimated by thc staff that 3 additional neighborhood branches were nece to rtmint~n a consismnt level of service throughout thc coramurfity. Tiffs projected increase in cos co~idcred impractical by the local government and the Library staff. A study by the AILmand G~ recommended the construction of a 25,000 square foot Regional Center and that the 3 existing bra~ be converted into Children's Centers. Th/s plan was adopted and the new Southern Regional open~ 1990. Thc same concept is being looked at for the rema/ning geographical areas of the Fort g system. Kansas City aisc approached the regional concept as a way of consolidating its Library ser and controlling cost. Ba md on a staff study of service availability, it was recommended that the sys be restructured from 18 neighborhood branches of varying sizes and a Central Library to a system six Regional or Area £ ibrar/es and a Central Library. Using standards for full .*ervice Library cen advocated by Joseph '[.:/'heeler and Herbert Goldhor in theh' work Practical Administrate'on Libraries, the Kansas City Libraries developed the following standards for its Regional Libraries. Popul xt.ion of Service Area Service 4zea Location Size Hours Parking CollecLioa size Seating capacity S~affing 40-75,000 5 mile radius Heavy tra~c area in or near shopping malls or large grocery stores. 15,0(X~25,000 sq. ft. preferably on one level Minimum of 69 hours per week 100 spaces 50,000-75,000 volumes 125-150 seats 4 professionals. 12 non professionals Similar examples of an evolving Regional network replacing the traditional neighborhood brain model, can be found in Wake, Mecklenberg and Forsyth counties in North Carolina, Baltimore at Montgomery County in Maryland and various other similar locations throughout the United States· In Florida, several notable systems are in various stages of the t."ansition. Like every othc methodology, each area adopts a concept to best fit local area n~ds, but the bottom line is always th same for each Library system, more service, less cost. Broward County in their "Facil.ities Plann~ Guide", advocate a th:ce-tiered concept of Libra.ry service. They are the Main Library, Regional Libra~ les and Community Libra,des. WjthSn each service area, they have described the level of Library servic provided at each location, in the Broward model, the community Libraries provides for local needs an, popular reading and are clustered around one of tho"ce large Regional Library Service Centers. In ti'ti: arrangement, the community Libraries are 18-20,600 sq. ft. in size with a staff of 18-20 FTE's. A present, Broward County builds no Library facility smaller than 19,000 sq. ~t. The Palm Beach County LibraO, system is also a thrm: tiered system. This tiering is created by two basic facts. One the county has out lying areas where community style Libraries are more practical (example-Jupiter Beach Branch Library) and second, the existence of active and popular neighbor- hood branches with.in established neighborhoods. These neighborhood br'.anches are being refurbisbe, d, restocked and will always be pan of the Palm Beach model. However, the major tl'n-ust of all new bttilding projects is devoted to the Regional concept. Since 1991, three 2.5,000 square foot Regional Service Centers have been op,:ned within the system and two more a~ planned by the year 2000. It is interesting to note that the Palm Beach comprehensive planrdng document calls for .6 sq. ft. per capita with a year 2000 goal of 498,580 sq. ft. of public Libtm-y facilities. Leon County has plan. ned to make the same transition. Their planning document clearly identi- ties the role and placement of Regional Centers with. i.n their network. The first two centers are sched- uled to be operational by the year 2010· Leon County is in a less pressurized position than other Florida Counties. They have experienced a much slower population growth rate and their headquarters facility contains 88,233 sq. ft. The Leon County planning document calls for .5 sq. ft. of Library 'space per capita. Volusia County has also adopted a philosophy of Regional Service Centers; however, their model is more in lin~. with the Baltimore County system in Matyland or the Wake Court North Carolina. TNs system has or-ne ,.. t~._: ....... ty system in · ,-- d tw,., ~s, un~ ~erv~ce t-enters since 1990 with two additional umts scheduled during the next 6 yeats. Volusia, because of its unique political configuration, has chosen not to close any of its neighborhood or community Libraries. The main t.krust oft~e new build- lng program is to locate a Regional Library wit,kin a cluster location of new developing neighborhoods and sm'bur'ban communities. Lee County has also made the transition to the Regional Center. Their new 20.000 sq. ft. plus Southern Regional is scheduled to open th.is summer. Collier County, like all other areas feels itself to be unique and maybe this is so. however, the one universal fact that affects ali lJbraNes throughout the Ur, ired States is fundin}: The tax base is growing at a slower rate and the elected o~'/icicals grow more and more reluctant to increase the tax burden on the individual citizens. In Collier County, the Growth Management~[ct t'ees to be used for the construction of Public Library facilities. The plan also provides a threshold sq. ft. of library space for each citizen. The G.M.P. however, does not provide for the staffing r operations of these facilities. Those expenses become the direct burden of thc ad valorem tax Thus, the goal of management becomes the development and implementation ora plan that maxi library service while minim/zing the direct cost to the taxpayer. The first part of et'ds equation is e library is a labor intensive institution. In all larger library settings, personnel cost runs bctweez and 85% of the total budget. Therefore, the most effective cost containment methodology is to c or reduce th[ number of employees needed to provide the stated level of service. A typical 6 to 1 sq. ft. branch provides between 60 and 68 hours of contact time weekly and must be staffed, minimum of 5 PTE's. In studies conducted throughout the library profession, no narrow based cc fion has ever been found that relates stJffi' size tp building size. In other words, ~'tcr a minimun size has been established, thc addidon of sta. ff mlembers becomes ,, function of activities, service and use by the public. In the cases of branches that were smd/ed, the optimum descriptors ~ 12,000 square foot branch serving a population not to exceed 30,000, staffed by two professionaj 5 non professionals with a book collection of 30,000 volumes, open 6 days per week providi~ tween 60 and 66 hours of weeldy contact dine and serving a geographical rat/us of 3 miles. A Re8 Branch, based on the size in the Collier County model, 25,000 square feet, could provide servic 75,000 people, be staffed by two professionals and 7 non professionals, with a book collccti, 50,000 volumes and se~wc a geographical radius of 8 miles. The present G.M.R calls for Library facilities to be constructed at the rate of .33 square fc space for each citizen. A review of the population projections indicates that by thc year 2010 the Cc will have a population of 350,000. If you plug that figure into the growth management equation, C~ County will be managing between 115,000 and 120,000 square feet of Library facilities. At pre we manage 78,000 square feet with another 6,000 coming on line in 1997. This means that an{ 40,000 square feet of Library facilities will need to be constructed over the next 13 years. Giver present pattern of construction (9,000-11,000 sq. ft.), we would be building 4 or possibly 5 neigl' hood facilities. To staff 5 neigi~borhood facilities we would require 25 FTE's which would inclu professionals (highest pay slots) and require a 5 fold duplication of certain Library materials an operating cost associated with a free standing structure. The Library Board and thc Library Director propose to deviate fram this scenario. Due t¢ population distribution of Collier County and the fiscal conservatism of its elected officials, man mcnt and citizens, a Regional approach to branch development has many attractive features. In r~ encc to population distr/bution, the population is growing at a slower pace (approximately 3% year). Thc new populahon will primarily be located within thc boundahes of 6 planning districts ( 1 8, 4, 5, and 7). A review of thc planning map reveals that planning areas 1.12 and 8 are geographic contiguous as are planning districts 4, 5, 8 and that part of 7 available for development. Th. is typ geographical clustering is the perfect configuration for a Regional Library Service Center. Thc Lib: SEP 161997 ! Advisor), Board proposes that one Regional structure of approximately 25,000 square feet each, be constructed over the next 8 yea. rs. The first priority would go to the North and would be placed in t~ Northeast portion of planning district I or the Northwest portion of planning district 12. The Irntnokalee Road would serve as the mid point with the Livingston Road corridor as the center. Using that location as the mid point, the 6-8 mile radius provides full Library coverage into planning areas 1, 12, 8, 9 and the northern portion of 3. When authorized by the G.M.P., the second Regional would be placed in planning district 5 and would be constructed in or about 2006. Th, is would be a similar facility to the northern construction and would provide full service into the southern part of plarming district 4, all orS, the developed par~ of 7 and the newly developing northern mile radius run. nJng from, that point. Both Regionals would be constructed on 5 acre lots and designed for cost effective and efficient enlargement to meet growth beyond a 425,003 population figure. It is a reasonable assumption that with the construction of these Regionals that the CoLLier County Library system would be at buildout in reference to the total number of facilities. Th. is conclusion is viable based on studies of the land use maps. The fact is that much of Collier County can never be developed, thus the population is limited to where it can be serried. Individual branches that ex/st today may have to be expanded or moved. However, the total number of facilities would not increase and the library use of ad-valorem tax base would remain stable. In this scenario, the Collier County Public Library system would become a three tiered system. The first tier would become the Central facility. It would be maintained, kept modern and function as the reference center and repository for the system. The second tier would be the Regional Centers. Located in ~.he North and South, these facilities would be large enough to handle the emerging popula- tion in the newly developing areas while reducing staff'requirements by 25-30%. The third tier would be that of the neighborhood ar, d/or community branches. Collier North, the Estates Branch and East Naples would be maintained as neighborhood locations. Marco Island, Immokalee, Golden Gate City and Everglades City, would be maintained as community Libraries. The number of facilities in th.is tier would never be increased. The present facilities would be maintained and possibly relocated, but in point of fact remain stable. L'~ this sccnario, no new neighborhood branches would be constructed. In fact, depending upon population growth, the East Naples facility may be eliminated with the opening of the Southern Regior:al. If the regional scenario is chosen as an integral part of the long range building plan, then site location becomes a major consideration in the total process. A neighborhood facility is not, to a high degree, site sensitive. The goal is to place the branch in an easily accessed location within the geo- graphical confines of the selected neighborhood. That location could be north, south, east or west. High density local traffic flow is what you seek. A Regional Center is extremely site sensitive. The location must center at the heart of the neighborhoods being clustered. If possible, it should be on a ma. in artery that provides easy access into the population clusters being unified by the central location. It should, if possible be located near regional shopping centers ,,.nd other features that draw traffic from the clus- tered neighborhoods. In the regionai concept, it truly .is location, location, location. This scenario provides many ~dv~.ntages to the t. txpayer of Collier County. It provides fo: class Library service, while mzintslning · fise.~¥ conservative ~t:~pro~ch to perr, o~l ~d It provides for a maximum range of Libm-y ms~ria.ls, while avoiding costly, ~atry dupLic It provides a buildout scenario for Librm'y f~cilities, while providing servic.~ loc~tioas withlq minutes of all citizems. It provides stability ~nd controlled grow'da while ~g th~ effects · d valorem tax base. It is a scenario that provides for m win-win siruation-qustlity ~nd effective I system. SEP ! i~ 1997 Bibllogr~phy Articles 1. 'The Best Size Public Libr~'y by Mazy Jo Detw¢iler', Library Journal, May, 1986, p. 34--37. 2. 'Fh¢ Efficient Midsize Librao,', by Richazd Nayior, Library Journal, Feb. 15, 1987, p. 119+. 3. 'New Regional Library in Fairfax County', by Sta~', ~rgin/a Zdbrar'km, Vol. 41, ,/uae 1993, p. 21+. 4. 'Fbe Regional Library', by Mickael Moyer, Wilson Library Bul. lttin, Jtme, 1990, p. 46-51. 5. 'Scortsd~es's Regional Branch Boom's', by Beverly Goldbe, rg, American L/b~Hea, Vol. 26, Oct. I ~95, p. 871-872. Plan.Ring Documents 1. Alachua County Comprehensive Plan-Library Servke Goal and Objectives. 2. Facilities Planning Guideline-Broward Couaty Library System, FL Lauderdale, Florida. 3. Leon County Comprehensive Plan-Public Library Secriot~ 4. Palm Beach County Comprehensive Plan.Library Services Support Document. Interviews Mr. Ralph Edward, Dierector of fl~e Phoenix Arizoua PubLic Library system (retixed) July 16, 1996. Mr. Samuel Morrison, Director of tlac Brow~rd County Public Library system, July 16. 1996. Mr. Charles Parker, Public Library Consultsnt, Stste of Florida, July 16, 1996. SEP ~ ~ ~997 h8 LONG RANGE PLAN Technology May 22, 1996 Role of Technology in Providing Library Service The Library recognizes the growing importance of technology in providing electroni~ access to world-wide sources of information for library users. Use of technology in ti Library will assist the Library in fulfilling the Mission Statement adopted by the Library Advisory Board, November 1994, and wi.Il further enhance the &bility of the Library to provide services for the informational, educational, recreational ~d cultur needs of the residents of Collier County in a timely and cost-.effective mmmer. Planning for l]bramy automation w~ initiated in 1986 when CCPL received a L.ibrm'y Service~ · nd Construction (LSCA) grant to hire a suff-f member to begin the restive eonverfion of c~.aloging records into MARC (mm:l~.ine rem:bxble) format. SOLINET (Souche~ L/brm'y Network) membership Md InterLibrary l~an flumugh Florida Libr"~T I. nform~fion N~work ~ were ~flso initiated in 1986. Prior to 1986, ~=h~ology ·t CoLlier County Public Libr'm"y included rnScro 'fil.m reader-printers, a memory type. writer ~md a personal computer Jn the Director's office. The 1986 grmat allowed the Library to start converting cataloging record~ to a m~chine- reliable format in prepm"~tion for ,,utomation. In 1991 the Librm'y sm-ted evaluating auton~fion systcm.~, with D,,t~, Re,arch Associates being selected in 1992. In October 199:2, Technic,,~ Servic~ st~.d entering records into the DR.A d~t~ b~e. The use of c~t~log cards w~, ~-.rm~n,,t~4 in April 1993 Md the Headquarters Libr~y suu'ted on-line cixcul·tlon in May 1993. Bmmch h'brm'i~ completed installation of smart, bar codes, with all loc~ons coming on-line by Septemb~ 1993. loc~ions were converted to receipt printers for d~.te due flips by June 1995. Both G~ylord cl~rger~ ·nd ~ due guns were eliminated. In 1993, the Friends of the Library fm~ced our £u'st venture into cd-rom d~.~ I:m.~e~, with the sub.$cription to I~foTrac. This stznd-alone work st.~ion w~ located ~ I.ibraxy~Referencc. ]In 1994, ~n ~ of Headquarter?,--Reference w~s &ddc~u:l to cd-rom ~ ~ for the public to use. Ne~'sBa~ B~oIogy l,.ut~_x, Ne~vspaper lnd~ ~1 Ger~er~d Periodicala Index were the fzrst ~ditions to th~s electronic reference ~ctdon. Then · r, in$1e-u.~r ed-rom ram. ion with ~ ~ cd cb.~nger w~ re:Ideal. Severa3 different fitle~ were ~mpled in ~ work ~.ion. The n~fiot~l telephone directorie~ continues to be the mo~t popular dm~ M.~e, w~th u.~ gudie~ flaowing us. ed 30-40 per cent of the time. Ebsco's Magazirm Sv. mmaries is · clc~e ~,econd with it being ~ alnmst 30% of the time. A stand alone work station w~s m:Ided to the Esu~tes Br~nch Librm'y when th/s br~nch opened i J~uxry 1995. Ebsco's periodir...~,l index is ~iso inst. mlled on this computer. The addition of cd-rom d~ta b~.se.s i[lu~ the v~lue of electronic rea~urce~ in ~m ~ctive referen~ dep.~runent to both Refe~nce St~'f ~nd Lib:my Administration. T~ Reference Department currently h~ two cd-rom ~ov,,ers, with · total of 14 cd-mm d~ive~, ~nd two NewsBank cd-rom work s~t3ons. An ~.di:.ion~d comF, onent of iibr~ technology h~ been the provision of pert, oriel computers for the use of ~e public. For sever~.l ye&rs, Headqu~.~ers Library had the'only public-use personal compu~rs. In 1995. public use computers were m~e awilable ,,t all locations, except immok~lee. Th. is hss proved to be an ex~ensivc ~,ud timc-consu, ming service to offer. 'l'be Libw'3, Board endorsed the Libra~-y s decision to re~o~ve ml personal computers which were being u~ed fc~ desk-top publishing ~d oLher office needs b2, the public. I When the enlarged Headqu~u-ters kibrm'y reopened in 1992, the libr-a.ry connected to tbe~'~ County's network for word processing and financial records. This also provided e-mail to all court departments from the Department secretary's terminal. Because the County network is compatible with Library hardware, other staff members may also log onto the county shared network. Typic~ this is used by staff members other than the two department secretaria~, only to initiate Facilitie~ Management work orders and to enter elect.rortic purchase orders. More importantly, the ability to use the County computer network allows other County Departments to connect to the Library's database from their departmental computers. Goalz: The Library's technological goals are: 1. Provide library services to patrons through electronic systems. 2. Expand patron and staff access to and knowledge of information resources beyond Col/it County Public Library. 3. Provide non-book circulating collections to meet patron needs. 4. Provide adaptive devices to assist physically impal, md patrons in using libraries. 5. Provide InterLibrary Loans and data b~lse searching for the public. 6. Upgrade office desk top publishing capabilities. 7. Expand capabilities of ethernet network. TECHNOLOGICAL GOAI,S GOAL I: Provide Library Services To Patronx Through Electronic Systems. OBJECTIVES: ~ Provide electronic access to Collier County Public Library holdings and the library collections of Collier County Law Library, Collier County Museum and Collier County Agriculture Extension Service. · Expand the number of public access terminals within each library facility. · Add public acc~s terminals to facilities other than forrrud branch l. ibr~ties; i.e., Everglades City Branch, Fm'm Workers Village, Immokalee, and otis. r .tires ~s deemed appropr/ate. · Add electron, lc records for holdings of Law Library, Museum Library ~nd Extension Services Library to CCPL data base. ° Provide public access ~rminal$, including deal/cared wiring ~I these auxillary sites. · Expand dial-in lines for the public; r~serving one dial-in line for st,tf'-f dialing-in for maintenance. · Up-grade modem speed to 28.8 baud. Review existing automation system hardware and software. · Evaluate the ability of DRA ~ftwa,,'~ arid Digital hardware to provide circulation and acquisitions services to library staff and patrons. , Evaluate new DRA softwm'~ developments, including Ch. ild.ren's Catalog interface. · Implement on-line ordering to major vendors. · Implement Telephone Notices Program. ~ I _ ~o./~ and educational programs. · Establish CCPL as an internet node. · Subscribe to OPEN DRANET and electronic data bases through OPEN DRANET or directly from vendors. · Add equipment necessary to subscribe to services such as Carl's Homework Helper, and other commercial, graphics-based data bases. · Add CD-Rom resources to the Young Adult and Children's Department. GOAL 2: Expand Patron And Staff Access To And Knowledge Of Information Resources Beyond Collier County Public Library. OB JEC'TIVES: ~" Provide staff and public access to the Naples Free-Net from each Library location. *"'Provide electronic access through Southwest Florida Library Network, as it becomes available. ~ Establish staff and patron training closes for using the Free-Net, I. nte, met sad in-houst electronic resources. t,/ L.iak electronically to the CoLLier County Public Schools L.~formation network. ~/Link electronically to any organi:,~tion which is capable of providing ~t listing of their collections on a computer. Organizations could include clubs, galleries and other local and regional resources. For example. Koresh~ State Park is exploring digital ima~g aec. ess to its collections. GOAL 3: Prow'de Audio Visual And Non-book Circulaffng Collect'om To 3,teet Patron Needs. OBJECTIVES: ~ Provide video casse~es at all locations. ~' Establish a circulating CD-ROM collection at Headquarters, including both adult and children's materials. ~ Expand unabridged talking book collections to ~11 locations and add additional floes at Headquarters Library. GOAL 4: Provide Adaptive Devices To AssLst Physically Impaired Patrons In Using Libraries. OBJECTIVE: ~ Acquire and make available to libraries throughout the System reading machines, close-captioned videos, descriptive videos, talking book players, TDD devices, assistive OPACs and listening devices in meeting roorr~. GOAL $: Provide lnterLibrary Loan And Data Base Searching For The Public. OBJECTIVES.. ~ Continuc to provide ILL service to patrons, through OCLC, or other coolCetafives as they become available. Provide Dialog. Medline, and other commercial data base searches for thc GOAL 6: Upgrade Offce Desk Top Publishing Capabilities. OBJECTIVE: I/Purchase color laser printer to provide enhaaced pubLicity and pre~ntation materials. GOAL 7: Expand Capabilities Of Ethernet Network. O B J E C77VE~ : Evaluate networkiag of l~rsonal computers for staff use and for pubLic use. Evaluate networking cd-rom products within HQ Library on a LAN. · Add cd-rom data bases to existing Library Network. · Consider separat~ cd-rom network for those data bases which cannot be used through existing ethernet network. ~/'Evaluate networking cd-rom products o~ t~ Librm'y System WAN. Long Range Plan. Technology Action Plan FY 95-96 In Fiscal Year 1995-1996, the following services will be inaplemented or enhanced: hnplemem the DRA telephone t:otice;program, Establish PIN numbers for pa'.tons ch~cking their own recor&, either by phone or computer. Complete installation of equipment necessary tn establir, h CCPL a.$ an intemel node. Develop staff training program in using the interneh free-net and electronic Provide on-line searching of Dialog data bases, including Medline, to the public througl the Reference Department. Subscribe to Ebsco Magazine Index, on-line through OPEN DRANET. Add Everglades City Library to the Library WAN. Add circulating CD-ROMs to Headquarters Library. Provide Reference Desk access to Library cd-rom work station. Provide additional computer aece~ to cd-rom work station for the public. Up-grade Library modem speed to at lea.~t 14.4 for patron~ dialing into the ~stern Add 12 terminals to the system; 2 at Everglades City, 2 at Golden Gate, 2 at Marco Island, 2 at East Naples and 4 at Headquarters. Provide Carl Systems data base Homtwork Helper to 4 Immokalee, East Naples and Golden Ga~. branch l/braries: Implement on-line ordering to major book vendors. Add CoLlier County Museum library holdings to Library data base. SEP 1 E 1997 Long Range Plan - Technology Action Plan FY 96-97 In F':zcz.1 Yc~r 1996-1997, ~¢ following r~xvicc~ Sub~T~be to additional on-linc dam b~ ~u~ ~m~ A~ c~a~g ~RO~ to b~ch Hb~ ~ ~d w~ N~o~ ~ROMs to b~ch Hb~. ~vi~ ad~fion~ compu~r ~ w ~-mm wo~ s~on for ~ ~b~c. Add 8 ~i.~s to ~c sys~ 2 at ~cr No~, 2 at Immo~ ~d 4 ~ H~qu~a, ~vidc ~I Sysm~ ~ b~ tto~ori Helper to ~g b~ch h~: M~o ~l~d, Co.er No~, ~d Ev~$ Add ~er Coun~ ~w Lib~ hol~g$ to Lib~ ~ b~. Add Co.er Co~ ~ion ~br~ hol~gs to ~b~ ~-~ b~. Add pubic ~ ~in~ to Hb~ ~ b~ ~ Co~ M~ ~w ~ ~d ~nsion ~p~nL EvMuatc S~ cap~fies of pm~g M~ct ~. Long Range Plan. Technology Action Plan FY 97-98. Fiscal Yezx 1997-1998, the folJow/ag serv/ce~ will be implemented or Expand staff ~i.!_.g program/n us/rig th~ int~r~ fr.-net and clectroaic murce, s. Subscn'be to addit/ona. I on-l/ac data bk~ea through internex. Provide addi~onal computcr acee.~ to cd-rom work stat/on for the publ/c. Evalua~ DRA's cHcnt ~rver automation v/stem. SEP 1519~? / GLOSSARY Adaptive Devices CD-ROMs Da~base Da~a Research Associa~ Descriptive videos Desk Top Publishing Dialog E-Mail E'b$co Ethernet Network Free-Net Info Trac InterLibrary Loan Tools or equipment which aid physically handicapped library patrons in using standard library mater/als and services. Comp~:t disc-read only memory. Computer cd-roms generally contain information wkich can be read by a computer, such as an encyclopedia, magazine index, telephone director/es. Information cannot be changed by the user, but only read. Generally a large collection of data organized especially for rapid search and retrieval, ~ by a computer. . AutomaUon ,~endor r, electrat by Collier County Public Library to provide cisgmlation, cataloging, acquisitiona and ot~r automated services for public and staff. Video cassettes designed for users with vision problems. A separate sound track describes the action on the screen, without interfering with normal dialog. Designing of filers, brochures, newsletters and other public relations documents within an organization on personal computers instead of paying outside vendors to design mauxials. A database vendor which provides on-line and CD-ROM access to a large collection of databases to customers for a fee. Fees vary according to the database searched. Electronic mai!. Messages of 'm~l' sent through a computer network to other computer users. Magazine vendor for CC'PL. We buy most of our magazines through th/s company. We will also subscribe to their Magazine Index through our lmternet Connection. Type of computer network used by CCPL to distribute staff and public computer terminals and workstations to all libracy locations. Library operates on an Ethernet WAN. A copyrighted term referring to community-based computing networks. Naples Free-Net has recently started operating in Collier County. Users pay no fee to participate, but must register directly with the non-profit Naples Free-Net. A magazine database produced by Information Access. CCPL subscribed to the CD-ROM version for I year. ,Mso ILL. A service offered by many lib~ o ~ternct LAN Libma'y Services & Construction Act Listening devices LSCA Macl~e ReaciaSlc Catalog Record MARC Medline MODEM NewsBank OO_C OPAC OPAC, A. ssistive OPEN DRANET The vast 'information superhighway' talked about by television, newspaper's, etc. Provides the means (through telephone lines) to send computer signals from one computer system to another. Can also be described az a 'network of networks'. Local area network. A computer network which is contained in a specific, usually small area such az within one building. A federal progr~u'n of distributing financial aid to librm-ies. The library hm received several I.SCA grants over the including most recently a 3-year grant to hire a bilingual librari~ for Immok,lee. A type of ~taptive device which amplifies sounds for the hard of hearing. An example is a device which amplifies sound of program in ~ meeting room. Library Services .nd Construction Act. See above. Bibliographic records of library materials which arc specifically organized so that they can be r~ad by a computer. There is a standard form for all MARC records. Machine Readable Catalog Records. See above. A government-sponsored medical library ~t~aze. It is available for hbrm-ies and others to search through a computer. Generally there are fees required to use the d,_t,_baze, ~me electronic sites provide free access. A device which ~llows a computer to connect to another computer through a telephone line. Files and e-marl can be sent and received. A commemial company which produces ~eveml dautbazes which can be .~-arched through a computer. CCPL has two NewsBa~ workatations at Headqua.,'ters Reference. A comp&ny which ma~tains a large, cooperative chxmbaze of library records of libraries world-wide. Librm,'ies ~ the databaze for borrowing materials from member libnu'ies (It.L). On-Line Public Access C.~talog. The computer equivalent of the wooden c.~rd ca~ogs. An on-line pubhc ~:cess catalog which hz been modified so that physic~fl.ly hmdicapped patrons may use it. The print on · e computer screen may be e~arged, thc contr~t maybe enhanced, or it maybe ~. 'talking terminal'. Tkis is a product available through Data Research Associates, our automation vendor, which provides interact ~ecess to data.bases, other DRA libra.D' catalogs an~ %;'~,~'~_ 1;e~, - Southeastern Library Network Talking Book Players TDD~'DY Telephone Notices WAN Southeastern LibraO, Network. See below. SOLI2qET. Vendor for this part of United States which provides access to OCLC data base for InterLibrary Loans. We currently also catalog books through SOLINET. Other services include a variety of continuing education programs and access to on-Line databases. Either a cassette player or a record player provided by the Library for the Blind and Physically Handicapped to those who need the machines in order to enjoy books. The library stocks some machines and talking books for patrons to try locally. Device which zllows deaf to communicate through regular telephone line, s. Special devices at each end of the phone line allow the dea~ person to type in a message, with the message being typed oht at the r~:eivi, ng end. A Data Research program with which the Library computer 'telephones' a patron when library materials ~ overdue or when a requested book is re. ady for the patron to pick-up. Th.is prograna will be used instead of sending ~ rr~ny overdue and request notices. Wide area network. A computer network which encompasses a large an:a, such as several buildings, an entire county, etc. The Library automation system runs on a WAN Ethernet network. 1997 EXECUTIVE SUMMARY AWARD BID # 97-2659 RELATING TO EXOTIC VEGETATION REMOVAL AT BAREF( BEACH PRESERVE COUNTY PARK AND FUND THE PROJECT FROM PARK IMPROVEMI RESERVES. Objective: To have the Board of Coumy Commissioners award Bid # 97-2659 for exotic vegtnation removal a County's Barefoot B~ch Park and fund ~he proj~t from Park Improvement Reserves. Coe~lderation: On June 4, 1996 the Board of County Commissioners approved and cntercd into an agree with thc Stme of Florida D~partment of Environmental Protection for an exotic removal program relative to Ba~ Beach County Park. Said grant is a 100% reimbursable agrr.~-rnent with provisions for payments a~ invoice! submitted. Privale contractors will perform the labor intensive work with County staff supplying only administr On March 20, 1997, posting occurred for bid # 97-2659, exotic vegetation removal at the Barefoot Beach County location. Invitations Mo bid were sent to eighty vendors, with six responding on the bid Ol~ning date of April g, ] The lowest responsive bidder was Native Creations. Inc. at a cost of $58,500 with prompt payment terms providing (10*A) percent savings, $5850.00, if the contract is paid within ]5 days of completion. A bid tabulation shtx-1 is arts for your review. Funds in the amount of $64,350 arc available inGeneral rur, d Reserves. Fund 001 for FY ]996-1997 r:imbursed by the DEP grant upon the completion of the project. The amount includes an additional 10% above price, reserved for contingency. Fiscal Impact: C, enera~ ~ Reserves will be reduced in General Fund 001 by $64,350 and increased into the Beach and Water Park Operation cost center in General Fund 001. Upon comph of the project, the funds will be reimbursed to the County.. Growth Management: None Recommendation: Staff recommends that said bid be awarded to Native Creations, Inc. utilizing Park lmprovtn Reserve funds and authorize the Chairman to sign the agreement and approve the r~.e. ssm'y budget aaamdments. Prepared by: Nan Gerhardt, Park Ranger Supervisor Date: ql31c!7 Department of Parks and Recreation M~rla Ramsey, Director / Recreationa Department of Parks and Al:rproved by: ' Stev~ Carngll, Director -- - Depmlment of Purchasing Date: Reviewe. cl and ~ Approved b)':~~,~% _ _ Tbornas W. Olliff~ Division of Public S~rvices Date:~~.~ 'IABULATION FOR ~!D~7-2659 POSTING DATE: March 20,199'/ "Exotic Vc~ctarlon R.~moval to Barefoot Beach p~.~erve" OPENING DATE: April 8, 1997 ~A'HONS SEN'r TO: IO Vendors Section "C' - TOTAL BID PI:LICE "A" - "C" Promp~ payment Terms: Addenda Acknowledltcd: % ~,y, ___% .__~ l._~_~days days N~ ~ ~ys Net ~ days WITNESS: · C~, pur~hasinl T~c~c~ Bids" received from: Bi. Excavging; p~ker's Tree Service · ABULATION FOK BID//97-2659 POSTING DATE: March 20, 1997 'Exotic Vc~etm'ion IL~noval to Barefoot Beach Preserve" OPENTNG DATE: April 8, 1997 INVITATIONS SENT TO: I10 Vendor's ........................ I ~i~- I'~'~¢~ Se~io,~'A' S qO~q~C~-9o S lq,~,CO S $ 1o5,4;~.eo s Iq_,~O. oo $ Scion TOTAL BI]I) Pi:LICE Promp: Payment Terms: Acknowledged: s '51q,,~$0. oo s '~°o, GSO. -~ s ,/, days .]_~_,/, _L~.days ~*/, __days .% ~' Net ~'~ days Ne~."Z~)..days Net~days Net~' Y~s '//'NO __~q~s ~NO __Y~S .._.NO ~Y~s WTFhrESS: "No Bicts" r~ceived fi'om: B.J. Excavating; Parker's Tr~ Service EXECUTIVE SUMMARY APPROVAL OF AGREEMENT FOR THE 1997-95 FUNDING CONTRIBUTION TO THE DAVID LAWRENCE MENTAL HEALTH CENTER, INC. O1M'ECTIV~: To obtsin Board of County Commissioners' approval and authorization for the Chairrran to sign the 1997-98 Asj'eemcnt with David Lawrence Mental Health Center, Inc. CONSIDERATION: A commitment has be~n made to fund David Lawrence Mental Health Center, Inc. as I provider for memal h~th stat alcohoVdrug ~buse needs in the smount of $810,400. However, $100,000 ofthese funds was provided ss operslional funding assistance for · to-be-constructed d~oxitication facility. As there is some question today ss to wheiher the State D~artmeat of Children ~ F~milies is still going to provide the construction funding, it was agreed not to include the funds for this f·cility's operations. If at some point this detox f~ility is brought on line, an m'nendment to this agreement will be executed to provide the additional $100,000. FISCAL nm, Ac'r: In the 1997-98 budget, the Board ·uthorized $810,400 as a funding contribution to David Lawrence Mental Health Center, Inc. (001-156010481200). This contract would provide for 5710,400 ofthis budgeted amount. GROY~rFH MANAGEMENT IMPACT: Not applicable. RECOMMENDATION: That the Board of County Commissioners approve the Agreement for 1997-91t funding contribution to David Lawrence Mental Health Center, Inc. Th~m~ W.~lliff, ~-Services AdmirListrator SEP 1 ~ 1957 AGREEMENT THIS AGREEMENT entered into this ~ day of , 1997, at Naples, Collier County, Florida, by and between the Board of County Commissioners, CoLlier County, Florida, hereina.~er referred to as the COUNTY, and the David Lawrence Mental Hee..lth Center, Inc., located at 6075 Golden Gate Parkway, Naples, FL 34116, hereinafter referred to as the CENTER. Wn'NESS£Tla, WHEREAS, the COUNTY is deslrou~ of helping financially and has deemed it to be in the public interest to do so for David La~'rence Mental Health, Inc.; and WHEREAS, the COUNTY wishes to fund mental health and alcoholism s~rvices provided by the CENTER as it is authorized to do so under its government; and WHEREAS, the CENTER has submitted a proposal as a provider of mental health and alcoholism services as contemplated by the approved District Mental Health and Alcoholism Plan; NOW, THEREFORE, in consideration of the mutual undertaking and agreements hereinafter set forth, the COUNTY and CENTER agree as follows: I. The CENTER shall: Provide mental health and alcoholism services consistent with the approved District Plan, incorporated herein by reference. Serve as an independent contractor for the transportation of Baker Act patients pursuant to all the requirements of Chapter 394, Florida Statutes and Rule 10E-5.040,F, Florida Administrative Code. C. Provide detoxification services consistent with the approved Dis~ct Plan. D. Provide these services in the County of Collier. Florida. E. Posses, maintain and keep current all necesgary license(s). Adhere to cor, ditions applicable to sdministrafion of mental health funds under Chapter 394, Florida Statutes, and the administrative rules thereto. Maintain financial records and reports relating to funds paid under the contract. Maintain books, records, documents and other evidence and accounting procedures and practices that fully and properly reflect all direct and indirect costs o£ any nature expended in the performance o£ this Agreement. Maintain adequate fiscal accounting procedures. Allow inspection, review or audit of these fiscal records by County personnel. Collect statistical data ora fiscal and operational nature on a regular basis and to make fiscal statistical Oreports on a quarterly basis to the Public Services Administrator by the }OU' ofthe preceding month. Submit payroll records and activ/ty measures to the COUNTY on a quarterly basis in order that the disbursement of cOLrNTY funds to reimburse the CENTER for such expenditures shall be in accordance with the pre-auditing and accounting procedures on the part of the Board of County Commissioners as mandated by Sections 129.08 and 129.09, Florida Statutes. Retain all books, records and other documents relative to tiffs Agreement for three (3) years after final payment, Act as an independent contractor and not as ,'m employee of the County in operating aforementioned services. The CENTER shall be liable for, and shall indemnify, defend, and hold the County, State and Federal Government harmless from and against all claims, suits, judgments, damages, losses and attorney's fees and expenses arising from its operations and provision of' the aforementioned services during the course of this agreement. Submit to the COUNTY each year a copy of its annual audit of financial statements. The COUNTY shall: Reimburse the CENTER quarterly, in advance, at least one-fourth (1/4) of the total allocation for "Operations Funds" approved for the CEN'rER by the Commission as specified in Section III.D of this Agreement, in accordance with the approved Mental Health District. The CENTER and COUNTY mutually sgree: Aglndll Item No ...~..~ SEP I I~ ISB7 The term of this agreement is from October 1, 1997 to September 30, 1998. This Agreement may be terminated by either party upon thirty (30) days prior notice in writing to the other party. This Agreement is ~ubject to an item of appropriation contained in the annual County budget. The entire obligation of the COUNTY under this Agreement shall not exceed Seven Hundred Ten Thousand Four Hundred and no/100 Dollars ($710,400). The $710,400 includes all Operational Funds including transportation of Baker Act participants. This ~um shall come from local sources and shall be utilized as pm of the matching requirements of Section 394.76(9)(a) and (b), Florida Statutes. There will be no discrirnJnation on the basis of race, color, sex, religious background or national origin in performance of this Agreement in regard to provisions of service or in regards to employment. No modification, amendments or alterations to the terms or conditions contained herein shall be effective unless contained in a written document executed with the same formality, and of equal dignity, herewith. The CENTER shall not assign the performance of services called for in the Agreement without the written consent of the COUNTY. Ali notices, requests, consents and other communications required or permitted under this Agreement shall be in writing addressed to: If to the COUNTY: Collier County Public Services Division Health and Public Services Building 3301 East Tamiami Trail Naples, FL 34112 If to the CENTER: David Lawrence Mental Health Center, Inc. 6075 Golden Gate Parkway Naples, FL 34] 16 or to such other address as &ny party may designate by notice complying with the terms herein stated. 3 i SEP I 6.191 IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and ye. tr firs~ sbove written. ATTEST: DWIGHT E. BROCK, Clerk Deputy Clerk ATTEST: (CORPORATE SEAL) BOARD OF COUNTY COMMISSIONER~ COLLIER COUNTY, FLORIDA Timothy L. Hancock, Ch~nnan DAV'I~ LAW'R~CE ML~NTAL I-I~ALTH by: ; R. Scott Cameron, President DLC Board of Directors Approved as to form and legal sufScien~ rN/Davi~ C'. 'Weig¢l County Attorney 4 SEP 1 6 ! EXECUTIVE SUMMARY APPROVAL OF A LEASE AGREEMENT BETWEEN COLLIER COUNTY AND COPELAND BAPTIST MISSION. ~: Approval of a Lease Agreement between Collier County and Copeland Baptist Mission for the purpose of housing a temporary neighborhood park. .C.,.Q~$IDERAT1ON: On June 17, 1997, the Board of County Commissioner~ approved a budget amendment and authorized the construction of a neighborhood playground in Copeland. On July 22, 1997, a Lease Agreement between Collier County and Lee Cypress Water and Sewer Co-op, Inc. was accepted by the Board for the d~velopment of a neighborhood park. However, it has been decided that the recently leased propea~y is unable to accommodate the proposed. Staffwill terminate that Lea~ Agr~-ment with Lee Cypress Water Sewer Co-op, Inc. once the proposed Lease Agreement is accepted by the Board. At this time, a better suited site has been selected as a temporary site until such time as the County can purchase property in order to develop a park. The term of the L.e~e shall be one (I) year with three (3) renewals ofone (1) year each. There shall be no rent charged for the property's use. Collier County has the right to terminate the Agreement by providing Copeland Baptist Mission with thirty (30) day written notice. Collier County will be responsible for all costs associated with improving the property pursuant to the amount stated in the June 17, 1997 Executive Surrunary. The on-going maintenance and costs associated with the park shall be the responsibility of the residents of Copeland. Pursuant to the June 17a' Executive Summary, the Parks and Recreation Depanmen! shall enter into a maintenance agreement with the residents of Copeland for on-going park maintenance. The Office of the County Anomey, Risk Management Department, Parks and Recreation Department an~ the Public Services Administrator have reviewed the attached Lease Agreement. ]~C~J~-~-~: None. ~7~,~).35~[IL~k~ fi G E ME NT: None. ~.~OMMENDATION: That the Board of County Commissioners approve the Lease Agreement betw¢¢ Collier County and Copeland Baptist Mission and authorize its Chairman to cxecutc same. pREPARED B Ct- ~ r~ ,'~..__ ~ DATE: .... Mi~'~-aCl H. Dowting, Real ProPe,~ SP~v,~tist, Real Property Managemen; Department REVIEWF, D B~ r, Public Services Division SEP 1 ~ T"41S LE.ASE AGKEEME,'",'T cntct~d mto ~s~ ~ ~y of . ~. 1~7. ~'~ Co~land B~p~tst Mt~%~ w~se ~hn~ n~dr~ss ~s ~ ~mch S~et. C~la~, Fl~a 34137. h~r~maf ~fc~d ~o as "LESSOR'. and Colh~ C~n~. a ~ht~al su~,v~s~ o~ t~ Stat~ of FI~, ~ho~ m~l~ ad,tess ts 3301 ~l lam,am~ Trail. Naples. Florida 34112. ~r¢,~fi~ ~f~ed ~s "LESSEE". WITNESSETH In ¢~ssd~tt~ of ~ mu~a~ cov~s~u ~n~ ~m, ~ ~ ~]~ble c~l~l~on, the a~ee as follows: LESSOR b~by I~s~s to LESSEE ~n~ LESSEE ~b~ l~a~ ~ ~50R ~ ~ I~t~d ~ ~urch S~cct, Co~land, Ftorl~a. as s~ m Exh~b~l 'A" which ,s stated ~ made n ~n of lh,~ Le: ~c~Rcr ~fc~cd to ~s ~c '~m~d F~m~s'. f~ ~ ~lc ~ of ~vcl~m[ a~ ~igh~rh~ playDound. LESSEE shah have and ~ld ~ ~m,~cd ~l~s f~ s t~ of~ (I) ~r. comm~cmg on Ih¢ which [h~ A~ccmcnl Is Cxeculc~ by ~h pa~cs. L~%S~E n ~mcd t~ ~u~. ~ov~d ~1 ~s ~ m ~fault of any of~ I~s of ih,s ~a~. lu rc~w f~ (3) nddm~al ~s of ~e (1) ~r ~ch ~ I~nl ~ ~ce of ~SEE'S mt~t~ lo ~g~s~cred m c~cd malt ~o LESSOR not Jess t~n ~t~ (30) ~ ~m ~o ~ exp~mO~ of I~ lead. Id ~cby ceca:cd, or any r~cwal Ih~tco[. Sa~d ~hCe ~ s~ll ~ Cff~l~ ~ placer Of t~ ~Tltltn prior ~l~lcn no~lct of such It~mallo~ to LESSOR al thc a~drtss sci fo~h m ~CL[ 12 o[ ~h~s nollc¢ ~rl~ shall become c~ec~lvc u~n piecemeal of ~ ~mcn ~llcc m ~ official dc~s~lo~ of ~he Su~es Pos~ Of~cc, Reglst~cd or Ccmfic~ ~a:l, Pos~gc ARTICLE 3. ~ LESSOR sad LESSEE hcreby SgTe~ thai no rent shall be pa~d ot collected for thc utilization o: Demised ?rcm~scs ARTICLE 4. LESSEE shall pay all costs sssoc~ai¢cl w~th the consmacnon, m.~mtcnance ~nd opo-atlng cxp~ aSSOCIllCC~ ~th ~.hC It~t'OVtC~ USe. ~mJscd hcml~s [~ LESSOR'S ~llcn n~rovnl, s~cffy,nj ~n ~mng ~ nalu~ and cxlcnl project L~SOR ~ I~ ~s~tt w~ll ~ ~vc ~ (30} ~y~ ~n~hm wh,ch Io ~rovc or deny m (30) days i~rc ~s ~ no rcs~n~ fora LESSOR ~ ~t* ~s~g~ to M)d ~)~ ~ plant, then sha)t ~ dccmcd ms zn m~ruvml to such rcq~st of LESSEE ~,d c~nics, ah~ao~s, addmons ~ mmoro~c ~m~%. ~ o~ s~ comply ~ ~1 ~ ~ ~ a~i~bl¢ ~. ~dln=~cs. ~les. ~u~ of ~ L)mt~ S~tes of A~nc~, S~e of Fi~. C~ of ColI~. ~d ~n~ and ~ll i'-- AQendA Ltq~. ' SEP 1 5 1997 LESSEE: ~lo~ud of Count' Commtsston~'r~ c/o Rc~l P~aper~y M~rm. ~. 330~ T~miami T~H ~s~ Admi~ig~tmn Building N~plei. Fion& 341 }2 Wdhm Ihiny (30} ~y:~ frum thc icsr.;mahtm of Ih,s Lea~' t,w a~1y ~ai t~.l I~w~'~lf. I.l:ggl I. , remove ~y a~ all addmons, ~mprovcmcnt~ Jhcm~mns a~ ms~l~au~s which w~c placed m. ~ ,w u~m ~m~d ~em~ by LESSEE ~nd r~p~r ~n/ dzm~le ~c~s,~d to t~ ~m~d ~¢m~ by ~uch ~mc. Sasd r~v~ls and r~atts s~ll ~ ~de st LESSEE'S cx~.~. L~SEE ~vcn~nts ~nd a~ets n~ lo ug. ~c~y. suff~ m ~t ~d ~m~scd ~cm~ses ~ any ~rco~ to ~ u~d ~ ~cup~cd for ~ny ~ c~ Io law ~ ~ ml~ ~ ~latl~s of any pubhc au~h~t L~SOR. iu duly auth~d nl~t~, ~r~uuvcs ~ ~pl~s, ~11 ~vt t~ nghl Ifl~ nofic~ to LESSEE. m ~tcr inlo and u~ t~ ~ml~d ~gs m nay ~ ~f ~1 nil ~n~nblc ~ ~mp3iance x~th ~ prov~s~s of th~s ~lg ~CLE 7. L~SEE cov~lnti lnd a~ces no~ to asi~ this ~a~ or to ~blct ~ w~ic ~ ~y ~n of I~ ~ P~m~s, ot lo ~lt Iny other ~rs~s to ~cupy ~ without t~ ~ c~nt of LESSOR Any iss~m~t ~ sublcmng, e~n with t~ c~t of L~SOR, ~11 no~ rclic~ L~SEE fiom h~bHny for pay of r~l m o~her sums ~rcin provided or from t~ obhgi~mn to kc~ ind ~ ~ by t~ ~s. condmon covenanls oflh~s Lclsc. ~c Icccptlncc of rent bom Iny other ~ s~ll ~t ~ dcc~d to ~ I waiver o of ibc prov,slon/ of th~s Lease or IO ~ I con.at to t~ Iss~m~ of ~is ~ ~ subleting of 1~ ~r ~CLE ~. ~ LESSEE wall n~ ~11 ~mcs cn~ ~c.n~e~s~vc ~1 hn~di~ ~ m ~n *m~nt ~ol the sum of Sl,~.~ ~ ~mgle ~cu~cc, Sl.~,~.~ ai~egate. ~ c~t of nil i~h ~tmmms O~ ~11 ~hc~es shall ~ pa~d and ~me by ~he LESSEE, and ~ c~fic~te of such ms~ce I~reof s~ll ~ filed LESSOR ARTICLE 9. ~l~!en~ncc Ptcm~ses ~s no~ kcp~ clean ~n ~hc opinion o~ LESSOR. LESSEE'S manag~ wtll ~ so advised m co~¢cllv¢ nelson ~s nol taken w~hm Ih~ny (3(.) da~s of Ihe receipt ofs~h ~ce. LESSOR ~'dl clu~ the ~ clcuncd and co~¢clcd and LESSEE shall assume and pay all ncccss3O' clcanm~ custs and ~uch costs mcu~cd b) LESSOR ~CLE I0. ~f~ult by Failure of LESSEE to comply wnh lay ~ov~smn or covcnnm of this ~sc s~ll co.su~me n dcfaul LESSOR may. ~ ns optmn. ~c~m~te th~s Le*~ ~ th~ (30) d~ys ~.~ nolicc to LESSEE. unless ~he ~ cured wnhm Ibc nollcc ~rl~ (or such I~t~*l tl~ is is r~nnbly ~qu~d Io c~cct such ~CLE I I. LESSOR shall m no event ~ charged ~'lth default m thc ~rfo~nce or.ny of ~ts obh~ai~ons here unless nnd un~ll LESSOR sh~ll hive fidcd lo ~f~ such obhg,uons w~hm nmew (~) d~ys (or such ttmc ~s Is rc~n~bly ~qu~rc~ lo c~c~ s~h dcf. uit) after ~ucc Io LESSOR by LESSEE ~o~ly wh~cm L~SOR ~s f~dcd to ~ ~ny s~ch obhg~tmns ~C~ 12. Nnnces ~y not,ce which L~gOR ~ LESSE ~ may ~ ~qmtcd to gwc ~o ~ o~r p~ ~II ~ ~n ~tmng oth~ pa~ al t~ following addresses. LESSOR: ~ ~h S~ct C~l~nd, Fi~& ~137 cc: Office ofth~ County A~omcy parks and R¢crca'aon Dwtctor SEP 1 6 i ARTICLE I }. LESSEE cov~ants mhd al;r~s lo ~:hv~ ~p and su~tn~r to L~SOR ~ssm~ of I~ ~m~d I)remt~ expiration of this ~lsc, ~ Hs clrhcr I~mm~ Is h~c~n provided. ~m cIcmn a~ m is ~ condH,on 3nd as Ibc uae ~II ~ al t~ commcncem~t of t~ 1c~ o f this ~a~ m may ~ve ~cn put by LESSOR or L! durm~ t~ toni,nuance t~reof, ordma~ wear and lear and damage by rift ~ I~ ~icmcnls ~yond excited. LESSEE ~11 remove all tmprovem~u and fixtures from I~ ~m~d ~s as provided Ibr m 5 of ~is ~. ~E 14. ~d~ il a nam~lly ~cu~ng ~d~clive la~ l~t. w~ ~1 ~i accumulated m a ~ddm~ m ~uff~c~rnt q~ may pre.hi health r~skl tO ~rlofl$ w~ ire cx~d IO fl ov~ t~ ~vcIs of ~don t~l exceed lu~hncs have ~en f~ m buddmls m FI~. A~o~ll mf~at)~ ~prdms ~d~ and r~ ~E 1~. ~ ~ A~t s~H ~come c~ec~ve ~ tx~uH~ by ~ L~SOR ~ L~SEE. AR~CLE 16 ~is ~i~ A~ecmcn~ shaU ~ govt~cd ll.d cofls~ed m ~ccor~nce ~lh t~ laws of ~ S~tt IN WITNESS W~EREOF, the parhe$ hereto have ]'~'eundct ~e! forlh their hands and ~al$. AS TO THE LESSEE: DATED: ATTEST: DWIGHT E. BROCK, Clerk BY: , Deputy Clerk AS TO THE LESSOR: DATED: ATTEST: , S~cretary BOARD OF COU~'TY COMMISSIONERS. COLLIER CGLrNTy, FLORJDA BY: TIMOTHY L. HANCOCK, Chairman COPELAN'D BAPTIST MISSION BY: WIT'N~SS (si&,nan,n'e) W'IT~T..S S (sign.'~ture) Ap~oved u to form lelal sufficicncy: He~di F. Ashton ,~ils~anl Cot,~nty Artorncy I SEP 1 b'1997 E~hibit 900 Church Street Co~eland, Florida SEP 1 6 19gl t £xhtbt~ "A" P&~e 2 o! 2 Yl ':"=SINGLETARY STREET BROCKINGTON DRIVE.,.~,-.,~, c OLD TRAIN LANE MCBETH WAY NO ._.~..~.~, SEP 1 6 19~)7 EXECUTIVE SUMMARY AUTHORLZE THE CHAIRMAN TO SIGN THE RESOLUTION, COUNTY GRANT APPLICATION AND THE GRANT DtSTRIBUTION FORM FOR EMS MEDICAL EQUIPMENT. OBJECTIVE: Request Board to authorize the Chairman to sign the Resolution, EMS County Grant Application and the EMS Grant Distribu'don Form for EMS Medical Equipment. CQNSIDERATION$: The State of Florida established the Emergency Medical Services Grant Award Program for the improvement and/or expansion of emergency medical services. Collier County's portion of the grant for fiscal year 1997/95 is $52,553.64. The monies will be utilized by the Emergency Medical Services Department for the purchase of necessary medical equipment. FISCAL IMPACT: Equipment purchases will be completely funded by the State of Florida Emergency Medical Services Grant Award Program. The monies will be deposited and disbursed from Fund 491 Grants ia th,. ,...ount of $52,583.64. G, ROVVTH MANAGEMENT IMPACT: None RECOMMENDATION: That the Board authorize the Chairman to sign the Resolution, County Grant Application, and the Grant Distribution Form. PREPARED BY: '~/1 "%'~ DATE: Diane B. FI~;[~, Chief Emergency Services Department APPROVED BY:_ Leo Ochs, Jr., \~:~port Services Administrator ~i~ No& ITIr~ SEP Pt.. / RESOLUTION NO. 97 - A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS CERTIFYING THAT THE APPLICATION FOR AND USE OF EMS TRUST FUND MONIES WILL IMPROVE AND EXPAND PRE-HOSPITAL EMS DEPARTMENT ACTIVITIES AND SERVICES AND WILL NOT SUPPLANT ALLOCATIONS. WHEREAS, EMS Department Paramedics provide basic and advanced life auppoH, care, a unique and highly technical service to the citizens and visitors of Collier County;, and WHEREAS, the purchase of equipment shall greatly enhance the effectiveness of pre- hospital emergency medical care. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS THAT the $52,583.64 in the EMS Trust Fund will be used to purchase equipment and these monies will not be used to supplant existing EMS Department budget allocations. ~day of ,1997 after motion, second ant This Resolution adopted this majority vote favoring same. DATE: ATTEST: DWIGHT E. BROCK, Clerk Approved as to form and legal sufficiency: Held! Ashton Assistant Ccunty Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By:, Timothy L Hancock, Chairman State of FLORIDA County of COLLIER I HEREBY CERTIFY THAT t~is is a tz'us and correct copy of a document on file in Board Minutes and Records of Collier (~o~nty. WITNESS my hand and official seal this day of DWIGHT E. BROC½, CLERK OF COURTS By:, D,C, SEP I 6 19 EMERGENCY MEDICAL SERVICES COUNTY GRANT APPLICATION STATE OF FLORIDA DEPARTMENT OF HEALTH BUREAU OF EMERGENCY MEDICAL SERVICES GRANT NO, C 97-1[ 7. Board of County Cornmissioner~ (grantee) Identification: Name of County: CO[,nIER Bu.~nes~Address:._33_Ol E. Tamiami Trail Naples, Florida, 33962 Phone # (94].) ?74-~45.,9 SUNCOM # -2. Certification: I, the undersigned official of the previously named county, certify that to to the best of my knowledge and befief al/ information and data contained in this EMS County Grant A~plication and/ts attachments are true and correct. My signature acknowledges and ensures that I have read, understood, and will comply fully witJ the Florida EMS Grants Program Handbook October, 1996 PrfntedName: Timothy L. Hancock 77tle:. Chairm~an__ Signature: Date Sjgqed' . (Authorized County Official) , , , 3. Authorized Contact Person: Person des,gnated authonty an'd the department with reports and documentation on ail acrid/es, serv/ces, and expenditures which involve this grant. Name: n{nno R. Pln~_~_ 5tle: Chief Business Address: ~Rnl F. Tnmiami Trail, Buildinq H Naples, Florida, 34112 (City) (State) (Zip) Telephone:( 941) _774-B459 SUNCOM: 4. County's Federal Tax Identification Numben VF .596000558 HRS Fon~ 1684. O~obe. r gG SEP 1 6 IE Bid, purcahsm and distribute equipment Six (6) months aftsr contract begins. SEP 1 y~1997 APPLICATION (Requires Signafure) , R COUNTY DISTRIBUTION (ADVANCE PAYMENT) REQUEST F~O~Frt~ENCY MEDICAL SERVICES (EMS) ...... ~OUNTY GRANT PROGRAM · 401 113(2)(a), F S the under~ned hereby visions of section · '" · vement and tn ecco~da~ w/th the~./:~o'..,~ ~; ution advance payment) for the ~nlpro requests an EM expa~sk:~n of pr~hospEal EMS. Payment To: ¢OL[,[ER COUNTY BO'/~RD OF COMMISSIONERS 3301 East Tamiami Trail, ~'A-ddress Naples, Florida. 34112 Federal Tax ID Number of county: VF 5 9 6 0 0 0 5 5 AuthorfzJng County Qfficial Date:~ - SIGNATURE:_ pfintedName:_~imo~hy 5. Hancock ~tle: Chairman -- SIGN AND RETURN WITH YOUR GRANT APPLICATION TO: De r merit of Health .... 400 w. ~o~son~.~e~ "' :-~ ./ · .t ~, ~ (-~ ' -'-------- South Tower ~z-c~ '.~ Below this point for use only b.¥ D. epa. rtment of Health Bureau of Emergency Meaica~ services Amount: $ _5 3 ,.__.____558 3.6 4 _ Grant Number._ 9 ?- 1 1 Date:_ Approved By: ~e ~-M~ Grant tjtt~cer Fiscal Year.__._._.- E.O. Federal Tax ID " _ ..... Beginning Date of Grant: 2~ I SEP 1/6 1~ I A~FPROVAL OF IIUDG ET AMENDMEN'PS BCC Al[ends of ~/16D7 Road nnd Bridge (101) Budget Amendmtna! General Fend $2,698 To oo~et :he co~ ofa grozn space park area site audit for Marco Island Trac~ C & D Lsaxi be~nl ~ ~ ~ w~ ~ ~ (~ l SEP 16 1997 $3,650 To =q:qxrn 9-1-! Ccrmmunic~tions ecplymcnt cxl:x~s~s oo~ covered by curre~ t '~,dg~ for nece~saz'y upgr~es to cta-rc~ 9-1-1 ec~u:..:..:.~tt in otter to ~com.moc~te wirelcs~ servict. AGF. I~A ITEM TM SEP Pg._ c~' _ BOARD OF COUNTY COMMISSIONERS MISCELLANEOUS CORRESPONDENCE SEPTEMBER 16, 199'/ ~:OR BOARD ACTION: 1. Satisfaction 9fLien: NEED MOTION authorizing the Chairman to sign Satisfaction of Lien for Services of the Public Defender for Case Nos.: 95-1245-CFA, 95-5767-MMA, 95-7693-MMA, 95-3851-MMA, 95-2626-MMA, 95-7047-MMA, 95-0756-CFA, 95- 50g4-MMA, 96-8877-MMA, 95-0446-CFA, 95-8749-MMA, 95-2569-MMA, 89-1036- CFA, 95-7012-MlvIA, 95-4376-MMA, 94-0775-CFA, 94-9719-MMA, 95=8156-MMA, 96-2478-MMA, 96-I 500-CFA, 96-5110-MMA. 2. MISCELLANEOUS ITEMS TO FILE FOR RECORD 9,qTH ACTION AS DIRECTED: AGEItDA IT~EM 6 5EP P. ECOMM]~DTHATTHE~OARDOF COUNTY CO%~MISSIONERSAPPROVETH~SHERIFP'B OFPI~ ~qUEST PO~ A LOCAL LAW ENFORCEMENT ~LOCK GRANT ADJUSTMENT AND A~PaOVE T~ sin Board of County Co~missioners approval of the Sheriff'! ~ T~ ~ ...... ~ T-w Enforcement Block Grant adjustment and approve Office request ~o: = ~o~ ~ · the related Budget Amendment. ~Q~D~g~k On June 25, 1996, the Board of County Commissioners agreed t¢ act as the coordinating unit of government and endorsed the Sheriff's Offic~ application for funding for the United States Department of Justice Local La~ Enforcement Block Grant program. On September 30, 1996, Collier County was awarded the $251,831 Local La~ ~nforcement Block Grant from the Umited States Department of Justice. On November 12, 1996, the Board of County Co~nissioners accepted the $251,83 Local Law Enforcement Block Grant award and approved a budget amendment fo a data networking system. A grant adjustment request is needed to include the network specialis support position for the system. ~ Funding potential for 3 years. This grant adjustment is fc October 1, 1997 through September 30, 1998. Continued funding will be soug~ for subsequent years. If continued funding is not received, the progrt would be evaluated and included in subsequent years Collier County Sheriff' office budget request based upon available budget dollars. ~ That the Board of County Co~nissioners approve the Local ~ ~nforcement Block Grant award number 96-LB-VX-0858 grant adjustment reque and budget amendment. PREP~ BY: ~PPROVED BY: DATE: O a:xs.llgrad Cryst>l K. Kinzel, F~nance31rect°r SEP [$ ~J7 ITEM NO: FILS NO.: ROUTED TO: DATE RECEIVED: ~Q~ST FOE LX~A~ SnVICkS'": 29 Date: To: From: Re: _~u_crust 27. 1997 office of the county Attorney, Sheriff's offic9 Attention: _Thc~nas Palmer, _, __~ce Director (Tltlo) ESq. __~.S, Dept. of__J_U~L%j~c~/_~_Law Enforcement B~ock Grant adjustment ( Su~j ec~ ) BACKGROIIH~ OF p. EQUEST/PROBL~: (~ocr~ ~robl~ ~ give beckgro~ infor~ation ' Recommend that the Board of County Commissioners approve the Sheriff's office request for a Local Law Enforcement Block Grant adjustment and budget amendment to recognize the network specialist support position for th~ implementation and maintenance of the grant funded technical equipment. {Are there documents or other information needed to review this matter? yes, attach and reference this information). Executive Summary packets from June 25, 1996 and November 12, 1996. ACTION p~QU~ST~D = (Be v~ry ~p~cif~c- Identify e~ctly w~t ~ ue~ ~n the ~y of l~al ee~i~o.] Legal approval, of re~est/for~s. ~ OiC: ih~&: lega 3301 Eas~ Iarr~L,tt~i Trzu'1" ~ FIor~t 34112-4977 (941) 774-8097 ' Fax (941) 774-3602 September 16, 1997 LLEBG Division Bureau of Justice Assistance 633 Indiana Avenue, 554, llth Floor Washington, D.C. 20531 Attn: Joyce Mosso Grant Consultant Re: Local Law Enforcement Block Grant Grant Number 96-LB-VX-0858 Dear Ms. Mosso: The Board of County Co~issioners supports the Collier County Sheriff's office request for an adjustment to grant number 96-LB- VX-0858. The Sheriff's request Ls for a decrease in ck Grant Number 96 LB VX 0958 the 1996 Local _Law En~orc_e~pA3~3 Teehnoloc~v and OCher MaCerLal Purpose Area 1. Procuring ~qu~,=~,u, Directly Related To Basic Law BnforcemenC Functions by $39,500.00 and co increase Purpose Area 1. Supporting The Hiring, Training, and Employing of Additional Law Enforcement Officers and Necessary Support Personnel on a continuing basis by that $39,500.00. The Board understands chat the Collier County Sheriff's Office (CCSO) will use the $39,500.00 for regular salary and benefits to fund a Network Specialist support person for the equipment being purchased with LLEBG funds, resultin~ in a net gain over the CCSO current appropriate ceiling in the number of staff who perform nonadministrative public safety service. Sincerely, Timothy L. Hancock Chairman, Board of County Co~nissioners Approved ~a to form SEP I$ ~ BUDGET AM'ENDMENT REQUES~T FLrND TFrLE: Sheriff's Grants FUND NO. 115 [ Date prepa, red:8~7/97 At~ach Executive Summary [ BCC Agenda Date: item No. [. (if previously ~proved) EXPENSE BUDGET DETAIL _Cosl Cemer Title: L~OC._AL LA__._W ENFORCEMENT Cost Center No. 641011 LOCAL Expenditure ~ Ex._~Spenditure Title (De .512100 Reo~ular SaJaries $ 2 52 i I00 FICA 5221 O0 Ret irement - L 523150 Health Insurance : _523160 Life Insurance 52.41 O0 Work. Comp. 76,1900 DP Equ~ipment -- 2H 'roT^t.: BLOCK G RANT__~'LLEBG) Title: LAW ENFORCEMENT ~) 2.169.00 5,300.00 100.00 ,331.00 ,831.00 Current .00 s 2F .oo1 4,700.00.] Cost Center Title: L~OC..AI_. LAW ENFORCEMENT BLOCK GRANT ('LLEBG) I ~Cost Center No. I Projecl Ti~le~'-~~ Expenditure I ~ Revised ~ Code ] Expenditure Title Center Title: LOCAL LAW ENFOR_.C :MENT BLOCK I Cost Center No. Project Title: _764~o0 t DP Equi,mneat ' get I C~t Center No. ~ ~oj~t ~tle: ~- Ex~ndh~e ~ -- ] l~ C~ Ob~e ~. Ex~ndi~re ~fle ([~r~) Bu 7 ~ ..... ~ ..... 7~~C~m'~Pmere ($27,~2. EXPLANATION Why are funds needed? The Budget Amendment is needed for the Network Specialisi position. The amendment is also needed to change coding on the 11/12/96 agenda item budget amendment from 'Communicatio~ Equipment (764210)' to 'Data Processing Equipment (764900)'. Where are funds available? From Local Law Enforcement Block Grant award t96-LB-VX-0858. REVIEW PROCESS Cost Center Director: Divisk n Administrator: ~et Dep~-tment: 8/27197 ^gency~Ma~..n~ Clerk of Board ,*,dmin.: I.__np u t by: B.A. No.: Don Hunter, Sheriff DATE j~: 6. I~llebg115.ha AGENDA ITEM SEP 16 :~J? { Fg,,, ~ EXECUTIVE sUMMARY BUDGETS AT TI-[E MARCO ISLAND KECO~ATION TO INCREASE THE AIR.PORT AUTHORITY'S FUEs~ 'H-LAT TF[E AUTHORITY CAN EXE~ AIRPORT AND TH~ DV[MOKALEE REGIONAL AIRPORT AT THOSE LOCATIONS- CONTINUE TO SUPPLY AY GAS AND JET FUEL TO THE CUSTOMERS at thc Marco l$land Executive Airport by $27,000 a~ the o~C'TIV~: l) To imcr~se the fuel expense budgets AV gas amd jcl fuel w thc cu~o~exs at Immokal~e Regioe~l Ah'pc~ by S$7,9GG in ~cS~ Lo continue W supply · $66,200 ~ Joc~oas. 2) To ~ the fuel t~v~ue budgcla at the Mm'co l~L~d Executive Ab-'p~ by 3) To incrcase ~ ~ $36~. ~N~~ON: F~I ~!~ ~ve ~ hi~ ~ ~ m ~ M~ Is~ ~c A~ g~l ~ ~' ~ ~ ~cl ~l~ ~j~s ~ou~ ~c ~d of~e Y~, ~e A~ ~ ~ ~vc ~ ~ ~e M~co isled Ex~dve A~n will n~ ~2T,~ ~d ~e I~o~!~ R~i~ A~ will m ~ ~it~l ~c1 which will ~ off~ by ~onal ~el ~u~ of ~ m M~ ~d ~ ~ ~1 y~ 1~? ~d ~ of S3,~ f~ ~e gallons ~at will not ~ ~ld ~dl f~l ~1~ of ~l will ~ ~d ~to fi~l y~ 1~8 ~ ~v~ ~d will ~ r~o~ u ~v~uc ~ ~M g~l~s ~d ~ia~cd ~venues have ~cn ~cd ~ o~ ~vi~d 1~8 budg~. GROWTH MANAGEMEtNT: None. FlSCAL Ib~AC'r: Approval of the at~ched budget amendments will increaz, e reserves (495.919010-991000) by $36,200 and revenue and expense appropriations as follows: Marco Island (AV Gas fuel revenue) 495.192310-344240 22,500 495-192310-364260 43,?~ M~ Isled (]~ ~el ~v~uc) 495.192330-344240 6,1~ ~l~ (AV G~ ~cl revenue) 495-19233~3~2~ (1~) M~ lsl~d ( Fue~ ~d lubfi~t ex~nse) 495-19237~652410 27,~0 l~alee ffuel ~d [ubfi~t ex~n~) 495-192330&524~0 7,900 at~:rrovc thc attached budget amendments to increase RECOblMENDATION: That the Board of County Commissi°~Cg~o192370-364260 revenue by S43,700 to S480,000, 495.192370-34-4240 revenue by $22,500 to S160,200, increase incxease 495.192330-364240 revenue by $6,100 to $104,600, decre~e 495-192330.364260 revenue by $1,200 to $10,100, to increase 495.19237G ~52410 expense by $27,000 to $366,000, to increase 495.192330.652410 expense by $7,900 to $91,700 axed to L~cre.~e 495.919010'991000 reserves by S36,20~ tO S36~831. / PREPA ' j--0.~anager APPROVED BY: Collier County Airp~ Autbori~ '~ Collie;/~ounty Airport Autb~"rry ~ AGENDA rtl SEP 16 ~ BUDGET AMENDMENT REQUEST I ~cc ^~.e,5 da,¢ Ilium So. if previously approved. EXPENSE BUDGET DETAIL IIMMOICa~LEE RZGIONAL AIRPORT Cost Center Title 192330 ICost Center No. Expenditure Expenditure Increase Current Revi~ed Object Code Title (Decrease) Budget Budget 652410 FUEL & 7,900 83,800 91,700 LUBRICANTS TOTAL Cost Center Title ILC°st Center No. Project Title Project No. ~xla~nditur¢ ;Expenditure Increase Current Revised Object Code i! Title (Decrease) Budget Budget ~91000 RESERVES (3,000) '39~ f -- TOTAL REVENUE BUDGET DETAIL REGION_AL /Cost Center No. AIRPORT .... ICost Center Title ~Rcvenu~: Object Code 344240 344260 Revenue Title AIRPORT AV GAS FUEL MRPORT JET A FUEL rent Revised Budget ] Budget 98,500 104,600 11,300 10,100 Decrease) 6,100 0,200) TOTAL 4,9 ------- EXPLANATION Why are funds needed? Funds are needed to purchase additional fuel. Where are funds available? The gallons projected to be sold during fuscai year 1997 will be paid out of current year fuel revenues. The gallons projected to be carried forward as inventory into f~scal year 1998 will be paid out of reserves. REVIEW PROCESS Budget DeEartment: Agency Man~ger: Finance Department: Clerk of Board Admin.: Input b3~: B.A. No.: BUDGET AMENDMENT REQUEST IFm Bud~c~l:m~nc~ U~ O'nb' BAI .................... BAEI ........................ '..""" A.P.H. ~c ...................... UTHORiTy~ND NO. 495 J D,~c prcp~c:d: / Item No. Summary Jjfp~usly app~ved. E~ENSE BUDGET DETAIL f?ARCO iSLAND I EXECUTIVE LAIRPORT [Co,~ Center Yitle Expenditure Object Code 652410 Expenditure Title FUEL & LUBRICANT______~S Increase (Decrease) 27,000 Current Budget 339,000 ;TOTAL 27,000 t ~0projcct No. Revised Budget 366,000 RESERVES Cost Center Title ~,j,~ Code ~91000 919010 Cost Center ~ pNrAoject Title Expenditure lIncrease Title -- ~rease) k~szRv~s i~oo Current Budget 631 ~Project No. Revised Budget 39,831 TOTAL 39,200 AGENDA ITEM GENOA ITEI~ Cost Center Title Project Ti roject No. REVENUE BUDGET DETAIL 192370 Cost Center No. Object Code 344240 344260 Revenue Title MRPORT AV GAS FUEL AIRPORT JET A FUEL Increase (Decrease) 22,500 43,700 TOTAL 66,200 EXPLANATION Current Budget 137,700 436300 Revised Budget 160~00 480,000 Why are funds needed? Funds are needed to purchase additional fuel. Where are funds available? More revenue than anticipated has been received from fuel sales. This additional revenue will be used to purchase the fuel. REVIEW PROCESS Cost Center Director: .,...~('~,. _~q,~-..~_. Division Ad~inist~t°r~~ ~Udget Depa~ment: /~ ~' ~ / Agen~ Manager: Finance Department: DATE Clerk of Board Admin.: Input by: B.A. No.: SEP 1G ~&97 EXECUTIVE SUMMARY RECOMMENDATION TO RECOGNIZE REVENUE FROt~ CHEVRON FOR MARKETING ASSISTANCE AND TO RECOGNIZE REVENUE FROM ADVF. RTISERS AND TO INCREASE AJ:,PROPR~kTIONS FOR MARKE~NG AND PROMOTIONAL EXPENSE. OBJECTIVE: To recognize ~dditiona~ revenue generated from adv~ ~ ~, the N.f~s fuel suppl~', and to incrmase appropriations fo~ ~ and promot~3nal expense mrough the attached budget amendment CONSIDERATION: Ma~,etJng assistance is available from tt~ Autt~'s fuel supplier. Chevro~ in the form of cash reimbursements. Chevron has currenUy committed to rmirnburse the Author~ $1,200 for cost~ incurred b~ the Authorfty to a~dvertise the airpor13 in Ac-U-Kwik, a natfonmI dlrectc~J of airports, in addison, the Authorfty will be rmce~ng Ipproxtrr.llt~ $1,900 from varVJu$ businesses in Evargtade~ Cit,/who will be ~d~e~sed in the Everglades City AJrp~rk promotional video currently unGer productk~. 3'he Authority plans to ~ these m<:tditiona~ rmvenue sources to pay for further marketing of ff'~ airport~. GR, ow'rH MANAGEMEhlT: No~a. FISCAl- IMPACT: The ~ amendment will ~ the followi~ revenues and expense: $1,200 MARKETING ASSISTANCE REVE. NUE :$1,900 AD',,/ERTI S~NG REVENUE MARKE'~NG ,',;;C PROMOTIONAL EXPENSE :$3,100 REVIEWED BY: SEPt 6 BUDGET AMENDMENT REQUEST Je~ A.P.H. Date To BCC Yes No Date prepared W15/97 Fund T~tte -/~xxt/u.m',ority Fund No. 495 Expenditure 648170 Cost Center Title - Project T'PJe - Re, venue EXPENSE BUDGET DETAIL AdminisL,'atJ've Co~t Center t,lo. 192310 Project No. 0 Expenditure Tit!e. Marketing & Advertising REVENUE BUDGET DETAIL Administrative Cost Center No. Project No Revenue TX!e. Marketing Reini3ursement Advertising Revenue Total Increa~.e 3.100 0 0 0 Current Revi~ed Bvdqe! ~ 0 3,100 0 0 0 0 0 0 3,100 0 3.100 192310 0 1.20O 1,900 0 0 Current Revised ~ Budge! 0 1,200 0 1,900 0 0 0 0 3.100 0 3,100 AGENDA ITEM SEP 16 t, lS7 Pg.~ WHY ARE FUNDS NEEDED? Everglades Airports. EXPLANATION Funds are needed to help market ~e Marco, imm and WHERE ARE FUNDS AVAILABLE: Additional revenue from advertisers and Chevron's marketing assistance will be recognized in FY 1997. Prepared By ~ ~' / ) / DMsion Dir~or Budget ~pa~nt Finance ~pa~nt Clerk of Board Admin SEP 16 1997