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Agenda 09/23/1997 R
COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA September 23, '1997 9:00 A.M. NOTICE: ALL PERSONS WISHING TO SPEAK ON ANY AGENDA ITEM MUST REGISTER PRIOR TO SPEAKING, REQ~ TO ADDRESS THE BOARD ON SUBJECTS WltlCH ARE NOT ON THIS AGENDA MUST BE sUBMITTED IN WRITING WITH EXPLANATION TO THE COUNTY ADMINISTRATOR AT LEAST 13 DAYS PRIOR TO THE DATE OF THE MEETING AND WILL BE HEARD UNDER "PUBLIC PETITIONS". ANT PERSON 'WHO DECIDES TO APPEAL A DECISION OF TFFIS BOARD WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VT. RBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. ALI. REGISTERED PUBLIC SPEAKERS WILL BE LIMITED TO FIVE (5) MINUTES UNLESS PERMISSION FOR ADDITIONAL TIME IS GRANTED BY THE CHAIRMAN. ASSISTED LISTENING DE¥1CES FOR THE HEARING I~LPAFRED ARE. AVAILABLE IN THE COUNTY COMMISSIONERS' OFFICE. LUNCH RECESS SCHEDULED FOR 12:0(~ NOON TO 1:00 P.M. 2. 3. 4. INVOCATION - Reverend Dr. Les Wicker, Naples United Church of Christ PLEDGE OF ALLEGL~aNCE APPROVAL OF AGENDA AND CONSENT AGENDA APPROVAL OF MINUTES A. September 2, 1997 - Regular bleeting B. September 3, 1997 - Budget Hearing PROCLAMATIONS AND SERVICE AWARDS A. PROCLA~,tATIONS I) Proclamation proclaiming week of October 1-7, 1997 as United Way of Collier County Campaign Kick-Off Week. To be accepted by Shannon Anderson, Campaign Development Director for United Way and Ernie Bretzmann, Executive Director of United Way. SERVICE AWARDS 1) Judith Marks - Soda} Services - 20 years. 2) Shirley EIle~ Ray - Code Enforcement ' 10 years. C. PRESENTATIONS APPROVAL OF CLERK'S REPORT A. ANALYSIS OF CHANGES TO RESERVES FOR CONTINGENCIES. PUBLIC PETITIONS COUNTY ADMiNISTRATOR'S REPORT A. COMM'UNITY DEVELOPMENT & ENVTP, ONbI:F. NTAL SERVICES PUBLIC WORKS 1) Provide Staff direction on request by Lely Cb, it Association for assistance related to repairing s stormwater pumping station. PUBLIC SERVICES i) Approval of an Interlocal Agreement for City-County beach parking. (Continued from 9/16/97 meeting.) 10. SUPPORT SERVICES COUNTY ADMiNISTRATOR 1) Reconfirmation of letter for HCA Certificate of Need for the Cleveland Clinic. 2) Approve co,,trac~, between Collier County and ASA Properties, LLC regarding the World Championship In-Line S~te Competition scheduied Ior October i1-13, 199';'. F. AIRPORT AUTHORITY COUNTY ATTORNEY'S REPORT A. Consider request by pelican Harbor, Inc. for Board of County Commissioners to convey county-owned submerged I~nds (Vanderb!lt Lagoon) to the Trustees of the Internal Improvement Fund of the State of Florida. BOARD OF COUNTY COMblISSIONERS A. Appointment of members to the Eme~T, ency Medicil Services Advisor)' Committee. B. Appointment of member to the Golden Gatt Estates Land Trust Committee. 11. Co Fo Appointment or members to the tlistoricat/Archaeologicnl preservation Board. Appointment or member to the Environmental Policy Technical Advisory Board. Appointment of members to the Collier County Planning Commission. Appointment of members Io the Black Affairs Advisory Board. Discussion to appoint a Blue Ribbon Committee to consider the need for a local Ethics mechanism. OTHER CONSTITUTIONAL OFFICERS PUBLIC COMMENT ON GENERAL TOPICS PUBLIC HEARINGS WILl, BE HEARD 12vlMEDIATELY FOLLOWLNG STAFF ITEMS 12. ADVERTISED PUBLIC HEARINGS ' BCC A. COMPREHENSIVE PLAN AMENDMENTS B. ZONING AMENDMENTS 1) Petition PUD-94-7(I), Barbara H. Cawley of Wilson, Miller, Barton & Peek, Inc., representing Outdoor Resorts of America, requesting an amendment to the "L~urtlwood" Planned Unit Development through a "PUD to PUD" Planned Unit Development rezoning action having the effe:t of deleting the residential dwelling tTpes and adding motorcoach recreationM vehicle units as a permitted use, replacing/changing the name of the PUD to Outdoor Resorts of Naples, the Motorcoach Country Club, and revising the Master Plan for property located on the south side of Immokaiee Road and approximately one-half mile west of C.R. 951 in Sec. 27, T48S, P.26E, consisting of 78 acres, more or less. 2) petition PUD-89-28(I) Frederick R. Pauley, Trustee, requesting an amendment to "Brentwood" planned Unit Development (PUD) having the effect of eliminnttng liquor stores from the principal retail uses and adding the requirement for a common architectural theme for property Iocateda on the south side of lmmokalee Road (C.IL 846) ir. Sec. 2,0, T48S, l;L26E, consisting of 18.6 acres, more or less. (Continued from the meeting of 9f9/97) 3) Petition PUD*95-10(1) Dwight Nadeau of MeAnly Engineering & Design, Inc., representing U.S. Home Corporation for n rezone from "PL~D'' to "PUD" Planned Unit Development baying thc effect of adding fifteen acres and an increase in authorized housing units of 48 dwelling units to the Naples tteritnge Golf and Country Club PUD located south of Davis Blvd. (S.IL 84) and west of S.R. 951 in Secs. 3, 4, 9 and I0, T50S, R26F-, consisting of 573 acres, more or less. cwrI'HI)RAWN) 4) petition pUD-82-33(I) Michael R. Fernandcz~ AICP, of planning, Development Incorporated representing Hari~ Mnnufnctu~ng Co~tion request~n~ n r~ne from P~ ~o P~ known ns -Wiggins Bay" for ~he purpose of elimlnatln~ commercial land u~ on commercially d~i~nat~ tract and replacing ~me with · stria (~ sto~ r~ent~l building contslning ~ dwelling uni~ for pro~ i~nt~ on the soutbe~t co.er of t~t Inte~n of Vsnderbiit D~e nad Wi~ins Pass Road in ~ 16, T48S, ~5~ con~tini of 14[.~6 nc~ (Contlnu~ from the mcclint of OTHER l) Petition Sbi'R-9'7-10, CI7de C. Qulnby requesting a street name change from Village Way to Glen Mesdow Lane In Tract ? of Villages of Wyndemere ~n Sec. 19, T¢9S, R.26E. 2) Petition S~R-97-6, Caroline Spounias requesting a street name change from 2'~ Avenue S.W. to Mahogany Ridge Dr~e located in Golden Gate Estates, Unit 32, Sec. 9, T49S, R26E.. (Continued from the meeting of 8/26/9"/) 3) Petition SNR-97-'/, Caroline Spounias requesting a street name chan~e from 4'~ AvenUe S.W. to Carrov~'ood Road located in Golden Gate Estates, Unit 32, Sec. 9, T49S, R26E. (Continued from the meetini: of 8/26/97) 4) petit{on 5NR-97-8, Caroline Spouni-s re<~nestin~, n street name chan~,e from 6~' Avenue S.W. to Tamarind Ridge Drive located in Golden Gate Estate, Unit 32, Sec. 9, T49S, R26E. (Continued from the meeting of 8/26/97) 5) Petition SNR-97-9, Caroline Spounias requesting a street name ch~n~e from 8'~ Avenue S.W. to Sycamore Drive located in Golden Gate Estates, Units 32 and :~4, ~n Sees. 9 and 16, T49S, R26E. (Continued from the meeting of 8/26/9T) 6) Adopt the Consolidated Utility Administrative Ordinance and adopt water- sewer utility rates. petition AV 97-009 to vacate a por't~on of aa eighty foot (80') wide Drninage Easement on Lot 17, Queens Park at Lago Verde., Pha~e Six as recorded in Plat Book 16, Pages 52 and 53, of the Pub!i: Records of Collier County, Florida. 8) Recommendatlon that the Board of County Commissioners approve a R. ate Resolution to adjust Landfill Tipping Fe~ Residential Annual AsscssmenL~ and Commercial Waste Collection Fee~ 13, BOARD OF ZONING APPEALS A. ADVERTISED PUBLIC HEARINGS l) Petitio. V-97-6, Grt~ Carlisle (con~ract purchaser) representing Henry Johnson requesting a 10 foot variance form the required 25 foot rear setback to ~5 feet for property located on the southwest side of Bayfront 14. 15. 16. Drive, further described as Lot 18, Bayfront Gardens Subdivision, in Sec. 6, T48S, R2$E. (Continued from the meeting of 9/9/9T) Petition cu-gT-9, Timothy W. Ferguson, P.A., as agent for El Espresso Bas Company, requesting: Conditional Use "12" of the C-5 Zoning District for a bus terminal for property located at the northeast corner of Nrst Market Road and State Road 29, lmmokalee, in Sec. 3, T4'/S, R.29F., consLstJng of 0.2 acres, more or less. (Continued from the meeting of 9/9/97) Petition CU-97-1 $, Seventh Day Adventist Church requesting Conditional Use "2" of the "RSF-I" Zoning District for a church and related asea for property located at 17 Caribbean Road further d~cribed aa Lot 2, Block A, Pine Ridge, in Sec. 10, Ta9S, R25E, consisting of 1.35+/- acrt~ B. OTHER STAFF'S COMMUNICATIONS BOARD OF COUNTY COMblISSIONERS' COMMUNICATIONS CONSENT AGENDA - All matters listed under this item are considered to be routine and action will be taken by one motion without separate discussion of each item. If discussion is desired by a member of the Board, that item(s) will be removed from the Consent Agenda and considered separately. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES 1) Approve for recording the final plat of Maplewood Unit Three. 2) Approve for recording the final plat of"Huntington Lakes Unit Three". 3) Approval of an Agreement with Wilk[son & A~sociates, Inc., for engineering services for infrastructure improvemenLs to Shellabarger Park in Immokalee. This is a Community Development Block Grant. Total contract will not exceed S92,500. RFP 96-2607 - Engineering Services for Infrastrocture to Shellabarger Park In !mmokalee. 4) Request to approve for recording the final plat of Pelican Strand Repine lb. Commission approval of an Agreement with the Economic Development Council of Collier County, Inc., (EDC) to execute Phase II of the Economic Diversification Program and provide a contribution of up to $250,000 for Fiscal Year 1997-98. PUBt, IC WORKS !) Execute a First Amcndmcnl to purchase and sale agreemenl for a portion of property known as Out lot "B", Quail Creek Unit Two. 2) Approval of an Effluent Use Agreement with the Vineyards Utilities, Inc. 3) 4) 6) 7) 8) 9) 10) 12) 13) Recommendation to award Bid ~97-2726 for Chlorinator Equipment blaintenance for Public Works Wastewater and Water Departments. Request approval of a Budget Amendment to cover shortfall in Road Construction - Gas Tax Fund (313). This item has been deleted. Request the Board approve a Budget Amendment recognizing additional carry forward, interest earned and any additional financial transactions necessary to close-out Fund 135. Accept an easement from SL Katherine's Greek Orthodox Church, Inc. for a right-turn lane on Airport-Pulling Road. Approve Amendment iqo. 3 to the Professional Services Agreement with Coastal Engineering Consultants, inc. to provide professional engineering and surveying services necessary in performance of annual monitoritsg requirements for the Marco Island Beach Renourishment Project. Approve Right-Of-Way Consent Agreement with Florida Power and Light Company for a 4-inch sewer force main. Award a contract for Bid No. 9'7-2699, Wiggins Pass blaintenance Dredging to Lake Michigan Contractors, Inc. in the amount of S368,?12.$0. Recommend a one year renewal of Contract 95-2422 for Fixed Term Professional Engineering Services. Approve Amendment No. 1 to the Professional Serxices Agreement with Coastal Engineering Consnltants, Inc. for the performance of additional serwices on the Collier County Beach Restoration and Manager-'~ent PlaoL Approval or a Second Lease Modification Agreement bet,*een Collier County and the City of Naples Airport Authority. Recommendation that the Board of County Commissioners reject proposals for I~T #9?-2649 ~Recycling or Removal of Agricultural PLastic Mulch" at the lmmokalee I.~ndfilL Approve a Develop Contribution Agreement b~twe~n Collier County and Naple.~ Associates for road impact leo in return for donation of land l'or Radio Road, CIE No. 16. Recommendation to award Annual Bid #9%2?03, Bagged Ice, for Fiscal Year 1997-98. Recommendation to uphold Collier County I~oard of County Commissioners' direction to proceed with Judicial Action to establish` prescriptive Easement Rights in favor of the County and the Public over the road segment known as Miller Boulevard Extension and to approach properly owners to obtain easements by gift. ~8) tg) 20) Approve final Change Order and additional funding to complete work to replace Golden Gate Wells #11 & #!6. Approval of Bid Award for purchase of two Triaxle Dump Trucks for the Wastewater Department in accordance wtth Bid #9'/-272'/. Approve Amendment No. One to Professional Services Agreement wtth Hazen & Saw~er, P.C., for the North County Regional Wsstewater Treatment Facility 5-blGD Expansion, Contract #96-2474. Co PUBLIC SERVICES 1) Formal approval of the State Contract purchase of furniture and shelvint for Ihe Marco Island Branch Library renovation. 2) Approval of a contract between Collier County and Dr. Mar'tn U. Coburu, M.D., Florida District :20 Medical Examiner for Collier County Florida doing business as District 20 Medical Examiner. 3) Approval of the annual contract bet~'een the State of Florida Department of Health and Collier County. SUPPORT SERVICES 1) Approval of a Limited Use License Agreement between Collier County and We Care Ministries, Inc. For the purpose of utilizing County-owned property for a fund raiser. 2) The purchase of Property & Casualty Insurance. 3) Execute Contractual Agreement with East Naples Fire Control and Rescue Disirict for Fire ~nd Rescue Protection Services within Collier County Fire Control District. 4) Agreement approval and adoption of Resolution authorizing the execution and acceptance of said Agreement betvteen the Department of Community Affairs and Collier County regardin~ montes available tn the Emergency Management Prtparedne~ and A~sistsnce Trust Fund. Award Bid No. 97-2688 for the purchase of medical equipment for the Emergency Medical Services Department- COUNTY ADMINISTRATOR I) 2) 3) Budget Amendment ReporL l.,}ne item transfer requ~t from North Naplt-s Little League for the Five- Event Weekend, TourLst Development Funds, Sp~ial Events. Line item transfer for the Marco Island Sports Festival. Tourist Devetopment Funds, Special Events. 4) Approve budget amendment for S29,975.33 for brochures for advertising and promotion TourLst Development Funds. BOARD OF COUNTY COMMISSIONEKS MISCELLANEOUS CORRESPONDENCE 1) ~NEQUS ITEMS TO FILE FOR REC°RD WITH ACTION A~S OTttER CONSTITUTIONAL OFFICERS i) Recommendation to approve a budget amendment in the amount of $23,560 to cover the increase to the F'Y-97 Tax Increment Payment to the Naples Community Redevelopment Agency. 2) Recommendation to appropriate additional funding for Public Guardianship Account. I. COUNTY ATTORNEY j. AIRPORT AUTHORITY 17. ADJOURN ~E.S CONCERN'IN HANGE T THE B ARD'S A ENDA SHOULD BE lADE TO _THE CouNTY ADMINISTRATOR'S OFFICE AT 7'/4-8383~. AGENDA CHANGF~ BOARD OF CouNTY COMMISSIONERS' MEETING SEPTEMBER 23, 1997 MODIFY: ITEM 8 (E) I - Language should re. ad: Reconfirmation of lener of endorsement for Certificate of Nord for thc C1~veland Clinic. ADD: ITEM 8 (D) 1 - Discussion of the Status of Hurricane Shelters. (STAFF REQUEST) ADD: ITEM 9 (B) - Rcquc~ for approval of a resolution designating c,c~n County employees as Code Enforcement Officers. (COUNTY ATTORNEY) ADO' member to the Land Mma8crncr~ WITHDRAW: ITEM 12 (B) 4 - petition PUD-82-33(I) Michael R- Fernandez, A1CP, of Planning Dcvelopmen~ lnc. orporatoJ representing Harig Manufacturing Corporation requesting a rezone from PUD to pUD knovm as 'Wiggins Bay' for the purpose of eliminating commercial land u.ses on commercially designated tract and r~placing ~_,ame with a seven (7) story residential building containing 56 dwelling units for property located on the southe, a~ comer of thc intersection of Vandcrbilt Drive and Wiggins pass Road in Sec. 16, T48S, R25E, consisting of 148.26 acres. (Continued from thc meeting of 8/'26/97) (PETITIONER'S REQUES'~-) CONTINUE: ITEM 12(C) 2 - petition SNR-97-6, Caroline Spounias rCClues~ing a street name change from 2nd Avenue S.W. to Mahogany Ridge Drive located in Golden Gate E.vtates, Unit 32, Sec. 9, T49S, R2.6E. (previously continued from the meeting of 8/'26/97. Staff rcquesu continuance to 10/'28/97 meeting). CONTINUE: ITEM 12(C) 3 - p~ition SNR-97-7, C. aroline Spounias requesting a street name ctxange from 4th Avenue S.W. to ~ood Road located in Golden Gate Es~tes, Unit 32, See. 9, T49S, R2.6E. (Con'.inued from the meeting of $f26197. Staff requests continuance to 10/28'97 meeting) CONTINUE: ITEM 12(C) 4 - petition SNR-97-8, Caroline Spounias requesting a sweet name change from 6th Avenu~ S.W. m Tam,rind Ridge D6v~ Iocate. d in Golden Gate F_~,-ta~'s, Unit 32, gcc. 9, T49S, R26E. (C~-,n~inucd fcom the me_~5~g of ~,'26/97. Staff requests confinuanc~ to 10/'28/97 meeting) CONTINUE: ITEM 12(C) 5 - ?effion SNR'97-9, Caroline Spounia$ requesting a stn:~ name change from Sth Avenue S.W. to Sycamo~ Drive Ioca~d in Golden Gate Es,airs, Units 32 and 34, in Sees. 9 and 16, T49S, R26E. (Contim~'d from ~ moc6ng of IV26/97. Staffr~quests continuance ~o 10/2S/97 racing) CONTINUg: ITEM IrmA)3 ' APproval of ar, Agreement with Wilkison & Associaxe.s, Inc., for engineering .u:zvice~ for infra.,-wucrarc improvements to Shcllabarg~r Park in Immokalec. This is a Communit)' D~velopmcat Block Grant. Total coritract will no~ exceed $92,500. RFP 96-2607 - Engineering Services for Lnfrastrucv.u'c to Shcllabarger Pm'k in Immokalce. (STAFF REQUEST) l~t~'¢~F~ F'I~,M 16 (A) 5 - from thc Consent Agenda to regular Agenda a.s ITEM S(A) ! - Cornmi~ion app~o~.,d ofa~ ^greement with the Economic Development Council of Collier Count)', Inc., (EDC) to exeeute Phase I1 of thc F£,.onomic Diversification Program and provide a contriI:m~fion of up to $250,000 for Fiscal Year 1997-9g. (STAFF REQUEST) MOVE: ITEM 16(ff)17 - fr~m the ~ Agend~ to r~gu~r Ag~da ~s ~M ~2 - R~~ TM ~d~ve ~ ~ in ~v~ of ~ ~ ~ ~ ~iic ~ ~ ~ ~ ~ ~ MiI~ Boul~ ~ ~ m ~h ~ o~ m ~n ~ ~ ~ (STA~ ~~ MO~: ~M 16 ~) 5 - ~ ~ ~ Ag~ ~ ~1~ A~ ~ ~M ~)2 - A~ Bid No. 97- ~g8 f~ ~ ~ of m~i~l ~ui~ f~ ~ ~~ M~ ~ ~~ (STAFF ~Q~ WHEREAS, WHEREAS, WIIEREA S, WItEREAS, since 195 7. the United Way of Collier County has sponsored and funded qualified nonprofit community agencies which provide essential social and health services to our citizens; and throughout the 40year history of the United Way of Collier County. the organization has demonstrated continued growth and is currently funding 18 community agencies providing services to all areas o four County; and the I997-98 Communi~ Campaign officially begins on October ISt; and the Board of Coun~ Commissioners watefully ac~owledge and support the 'its member agencies. fine work of th~ . '~::' ~q~'"'~' '~::~:': ioners of Collier NOIV THEREFORE, Ce. Counv, Floqd~:::that the weeg 4 0~iO'~Et' noted as ~ ~:: '~ ::'~ :.:: ' WEEK ' ~, . .':~ .. DONE AND \ICP, CHAIRMAN AGENOA ITEM SEP 2 3 1957 pg. [ EXECUTIVE SUMMARY PROVIDE STAFF DIRECTION ON REQUEST BY LELY CIV1C ASSOCIATION FOR ASblSTANCE RELATED TO REPAIRING A STORblWATER PUMPING STATION OBJECTIVE: To seek Board direction on whether to proceed with a design and construction project to m~e repairs to a private pumping station operated by the Lely Civic Association. CONSIDERATIONS: On September 2, 1997 under public petitions, representatives of the Lely Civic Association requested assistance from the Bo~d to restore a reliable power supply to an existing 30 hp electric stormwater pumping station located northwest of the ca, l--de-sac on Ton'ey Pines Point (see attached Location Map). According to members of the Lely Civic Association who are responsible for maintaining the pumping station, the electrical service to the pump is frequently interrupted during or after a rain storm when the pump is needed the most. Three phase power is supplied via an old underground, moisture susceptible cable that runs about 1000' across two of the Hibiscus Golf Club fairways and the Naples Racquet Club. Staff has researched the extent of drainage or ulility easements in the vicinity of the pumping station. It appears the County has the right to ente~ and perform utility and drainage facility installati)ns and maintenance across the two Hibiscus fairways. No such easement has been found in favor of the County across the Naples Racquet Club parcel. There is still some question as to which parcel the pumFing station and its outlet is within since it is close to the boundary of the Hibiscus Golf Club tract and the Royal Palm Country' Club tract Staff recommends the follovAng actions be taken if the Board desires to proceed with the restoration of reliable electrical service to the pumping station' Conduc~ a location survey of the underground electrical se~4ce line and pumping station to determine their locations with respect to property boundaries. 2 Perform a condition investigation of the pumping station and its electrical facilities. 3 Secure the necessary e~sements or access approvals to perform the work 4. Issue a work order to an electrical contractor if the condition investigation indicates the only problem is related to the faulty service line. 5 Seek additional 13oard direction if the result of the investigation indicates the e~em of the pumping station's problem is more than just an in-kind replacement of electrical ser¥~ce Staff gill have other information including preliminary cost estimates and funding options ready for the Board to discuss as part of this agenda i~em. FISCAL IMPACT: In order to implement Actions 1-3 above, funds estimated not to exceed $5,000 will be needed for OCPM project managemcnt efforts, services from the Keal Property SEi' 2 3 Executive, Summary Lely Pumping Station page 2 Management Department and possibly the consulting services of a local engineering firm Water Management Capital Fund 325 could be used for these initial investigations The cost and funding for the installation ora new power supply to the existing pump (Action item 4) is unknown at this time The cost and funding for any major improvement or replacement of the pumping station motor, pump or controls is unknown at this time. The long term operational responsibility and payment of operational and maintenance expenses including electric bills and replacement reserves is estimated to be $4,000 to $5,000 per year This is based on experience at the Victoria Park Pumping Station. Any of'the above could be funded by means of a Municipal Service Taxing Unit (MSTU) for the parcels contributing storm'water runoff to the pumping station and thereby benefiting by the improvements GROWTH MANAGEMENT IMPACT: None RECO.MblENDATIONS: That the Board give staff direction on proceeding with the action steps described above, or proceeding with some other alternative action, and identify the fupding source for this project Prepared by: -- Joh{VH Boldt, PE., P.S.M, Stormwater Management Director Ed Ilschner, Public Works Administrator Attachment: Location Map SEP 2 3 ~997 ~,~.. '~ i.]oC 4TION MAP For BCC September 23, 1997 Agenda item to: PROVIDE STAFF DIRECTION ON REQUEST BY LELY CMC ASSOCIATION FOR ASSISTANCE RELATED TO REPAIRING A STOR3IWATER PUMPLNG STATION Hibiscus Golf Club ,I TRACT N o \ TRACT Hibiscus Golf Course Vainv,.ays Naples ~cquet Club yRACT T.=. AC T A / Pumping Station // .~,.¢.¢, · / ~,~" FOREST HILLS FLAT ECOa( 10, PAGE N LELY GOLF ESTATES. UNIT 2 P',.A~ EOOK fi. PAGE 58 EXECUTIVE SUMMARY APPROVAL OF AN INTERLOCAL AGREEMENT FOR CITY-COUNTY BEACH PARKING Objective: That the Board of County Commissioners consider the three-year interlocal agreement for City- County beach parking. Consideration: On October l, 1996, the Board zuthorized staff`to re-negotiate the interior-al agreement for City-County B~ch Parking which, expires on September 30, 1997. The current three year agreement effective October !, 1994, states that the County pay an arm,,al remittance to utilize City beaches in the amount of $168,700 plus the amount ofarmual change in the Consumer Pri~ Index over each of the three years. As part of this agreement, the County ~ubmitted payment in the amount of $172,917.50 for FY 96-97. The attached proposed interlocal agreement for City-County Beach Parking is relatively similar to the previous agreement with one exception: the City is requesting an annual remittance in the amount of $218,105.03 plus the change in the Con~mer Price Index for each of the three years, a $40,000 increase. (The $218,105.03 figure is based on a three per'cent Consumer Price Index increase from last year's sum of S172,917.50 plus the $40,000 increase.) This sa.~mrner the City Council voted to remove metered parking from the main lot at Lowderrnilk Park. Removal of the meters increases the availability of parking spaces for both City and County residents with beach stickers, reduces the number of eligible spaces for visitors. The City indicates that this action will result in a $50,000 ~oss in revenue according to a letter submitted to staff[' dated August 4, 1997. Furthermore, the letter communicates that their beach permit tracking information indicates that 80% of all permits issued are to residents of the unincorporated area and that vehicles with County beach parking stickers account for 80% of the permitted vehicles using Lowdermilk Park. Utilizing this information, the City Council approved the interlocal agreement with an increase of $40,000 in the payment made by the County, or 80% of the total $50,000 revenue loss at Lowdermilk Park. Although the initial issue regarding insufficient parking within the Lowdermilk Park was raised by City residents within Coquina Sands, the solution wilt actually provide 81 additional spaces that will be reserved for permit parking whether County or City. In a follow-up meeting with the City staff after the agreement was already approved by the City Council, an amendment was proposed that would guarantee that City and County residents would be provided a minimum number offr~ beach parking spaces for the life of the agreement. The language found in paragraph seven (7) of the attached ~.greement reads: "For the term of this agreement the City agrees to provide at least 1,156 free parking spaces located at street beach ends or City Beach Parks that will be available for vehicles of County tridents with valid beach parking stickers. These spaces may be metered, restricled for permit parking or handicapped parking spaces as detev, nined by the City abut will be made equally available at no cost to City or County r~idents." The staff felt that given the previous approval and intern of the City Council that this type amendment could be, accomplish~t 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 writ:on notification ~.t least ninety days prior to the start of the Fiscal Year. ~c~l Impact: If the current proposal is approve, the County shall remit to the City the amount of ~218,105.03 plus the change in the Consumer Price Index from October 1, 1996 :o September 30, 1997 for fY 98. Thereaher, the County shall pay $218,105.03 plus the Consumer Price Index for each of the two remaining years of the agreement, meamred by the 12-month change in the unadiusted CPI October through September Inlmally.ll~erre i~ $185,t~O0 l:~l~eced in r~' 98 for r. hLa purpoae. ~ of r.h~s alc'e~saenc vc,.~ld reduce General lr~l ge~.t-ue~ (001) b7 $32,705. Growth M~nagemcnt: None Recommendation: It is recommended that the Board of County Commissioners approve an Interlocal Agre~xnent for City-County Beach parking, and consider the additional $40,000 contribution for thc rews~ons made to Lowdermilk Park. Date: Prepared by: .John Dunnuck, Operaliens Coordinator Department of Parks ~nd Recreation Reviewed ~nd Approved by:_ Maria Ramsey, Direclor Department of Parks and Recreation Reviewed by:__ r , ._ . , t~proved and'---L"'~ ~ T~-~mas~W~ bllil~, A~. nistrator Division of Public Services Date: SEP 2 3 Ig97 pg.,,~._ ~ __ August 4, 1997 OFFICE OF THE CITY MANAGER Ms. Marla Ramsey Director of Parks and Recreation Collier County Government 3300 Santa Barbara Boulevard Naples, FL 34116 Dear Please find attached two original-signature copies of the new three-year Beach parking Agreement between Collier County and the City of Naples. When approved by the Commission, please have both copies executed and return one for my records. The current agreement will expire on October 1u of this year and the new agreement needs to be in place prior to that date for the program to continue. Back in February of this year, the Naples City Council approved a new three-year aereement to be effective October 1, 1997, substantially identical to the current contract. ~he contract was forwarded to Collier County but no action was taken. This summer, City Council voted to remove metered parking from the main lot in Lowderrnilk Park, an action which will serve to afford more par'king for City and County residents with beach parking permits but wil', result in the loss of 550,000 annually in meter collection. Residents of' unincorporated Collier County make up almost 90°/° of the County population, and permit tracking information shows that residents of the unincorporated area have received 80% of the total permits issued. We have used this lower percentage and are asldng that Collier County make up 80% of the lost revenue, $40,000, and the City will make up the other 20%, $10,000. The increase of 540,000 has been built into the interlocal agreement approved by the City Council. The City of Napies and Collier County have worked cooperatively on the current beach parking program for a number of years, affording easy access to our beautiful beaches for all of our residents. We look forward to continuing that relationship. __rely, William P. Harrison Assistant City Manager Al',.a~hment Z:~illh~$0497B~h Pl':g. doc FACSIMILE (941) 4344620 TELEPHONE (941} 4~.4§10 SUNCOM 974.4610 735 EIGHTH STREET, SOIJ'rH · NAPt. ES, FLORIDA ~4102-6796 $ E P 2 3 1997 ii'qTERLOCAL AGREEMENT FOR ClTY-COU"INTY BEACH PARKL-NG v of' ~.,-.~ AGREEbLENT, matte aha ~ ....... ,ci~ai corporaUort, ~a , ~,~-v OF N~LES, ~ mum ~ maintenance and 1997, by ~nd ba~n me ~- and COLL~ CO~Y' har:{na~r caJ~d 'County , ~o prov~da for opera,{on of [h~ b~ach ar~as znd r~a~:d p~r~n~ ~k~s wkhJn Lh~ C~[y of Naplas and ~o pro~dm fo~ %h~ CounU ~o pay a po~on of Jh~ ~xp:ns:s ~o prov{da for baach ma{n~nanc~ and par~nE fo~ CoJJ~r Coun[y %~AS, %ha Cky has buCCI and ma{n[~n~d ~h~ b~ach area and [a~a~ad par~n~ and %~AS, %he Cour, Q' dasJras ~o prov{de for con%~nu~d ~aa parkJn~ for ali Coun[y res{~ants at fha beazk area and re~atad par~n~ s~tes ,,v~t~n ~h~ City. NOW, T~FO~' ~n consideration of the mutual covenznts con~ined herein, the gan~es hereby agree as follows: ~. A certain numb~ of paring spaces at ¢~ch b~ch end wi~i ~e res~'ea for par~n~ and will no~ be metered. The Ckv zr, d tY,~ County have im, olemen~ed ~ reeiproczl be~ch pzrking pro?am · ;~ -t no c=~'ee. a beach parking re ~ =Il r ,den~s of Colhe ~2 ......~. h oarkm~ Ic~non and at any Cky st~ckCf yang to, ~- r ' _.- ~: .... ~,e-s to maintain a g~:~ City park~n~ st~ck~rs to aJ~ County r~s~de~s az no cha~e. Coung' a?e~s to supply w~th beach gark~n~ st~ck~s for distribution at no charge to thC City 5 The C~:y wi~ og~rate a b~ach patr~ and m~ntenance gro?am to g~ov~d~ for b~ach and beach parkmB [e~a~afion enforceme~,~; b¢~ch and beach pa[~n~ cJeanup beach and beach pa~n! maintenance. ~ expenses and ~es.~nues for the beach and beach paf~n~ p~o~am w~11 be accoumed for as separate funds of ~b~ City in accordance w~th ~enc~al~y accepted accounfin~ prh~c~plCs- 5. In regain for ff¢~ parkh~ permits, [¢~a:d~¢ss of the numb~ ~ssu~8 ~o residents, and for be~ch maintenanc~ s~w~ces by the CkL as desc~b~d ~n ~a~aph t~e~ of this agreement, the CounD' sha~l re~t an annua~ payment to the City. The payment amount for Fiscal Year i99%~99S, begi~ing October ~, i99~ ~d ending September ~0, 1998, shall be in the amount of S218,i05.03 plus the change, in Consumer Price index (CPI) Interlocal Agreement page 2 ., ,bet 30, 199'/. For Fiscal Years 1999 and 2000, the from October 1, 1996. to,.S, eptS.m_' .... ,, the Fiscal year 1997-199S payment plus ~ -,-,u ,~v to the uity th= ,~ ....... of measured by t, ounly 5n~,, r-~ the amount of the annual change in the CPi for each of the two ye~s, the 12 month change in the unadjusted CPI omober through September annually. 6. One-half of the amount of payment due shall be paid to the City not later than November 1st of each fiscal year. The remaining one-half shall be paid not later than .',.lay l s: of each fiscal year. The City shall provide annual budgets and annual financial repons to the County each 7. o year as soon as reasonable after publication. S. Either parry may terminate this agree.'4, ent for either the second or thb'd year, Fiscal Year 199S-99, or Fiscal Year 1999-2000, v, ith written notification at leas: ninety days prior to tie start of the Fiscal Year. parties have set their hands and seals this ______ da?' of I-N \\'IT~'ESS \\-t-~.P, EOF, the 1997. ArTeslt D\\-IGHT E BROCK, CLEK-K Degu~':' Clerk A~?ro'.'ed as :o fo,.'-m and legal suff~cienc?' BO.-kRD OF COUq',-IY CO.',,E,.[ISSIONTR5 COLLIER COUqb,'TY, FLORIDA Thcmas C pa,me. Assis;an: Count':' Anorney ATTEST: ~'~ra N~¥man, ~ity Clef:.: APPiKOVED AS TO FOI~.M F_,'x'D LEGALITY BY: City Attorney z:~iilh 06% By:~ Ilo ."' ~.j..~ SEP 2 3j~}7 Dr. Richard L. Woodruff City Mono_er April 8, 1997 Re: Lowdermilk Park Dear Richard, Lowdermilk Park usage was the #1 issue identified by our residents during the Project 2005 planning meetings. Long ago we gave up road-end acc,ns so the city. could build a beach-park for City. Residents. At the time the residen~ in this new city community were excited as it provided ample room for Neopolitans to gather as a neighborhood community- ' Now, because of such hca~' non-city reside~tt usage, we are unable to find parking to usc our beach. The re~ulr~ of our recently completed daily survey held between March 23rd and March 31st show just how lit'tie park access our City Residents have: · Averao, e daily parking use at Lowdermilk: (214 spact~) . of parked vehicles) 99,,/~ 36 Vehicles ~-i/h City. Stickers (17% ~"r~; 84 Vehicles ~'ith County. Stickers (41% of parked vehicles) 8'7 \'~hicles with no stickers (42% of parked vehiclt~) Eight oflhe 13 times sur'vcyed showed no emp~ spaces, and. actually, cars were Lined up lookin~ for parking. At our Monthly Board of Directors me, flag held Last aig, ht. our Board of Directors voted to petition the City. to make the Park more accessible to the community and offered the following options lo accomplish this goal. + 1. Remove all parking metem and limit park use to permit park- ing only -Citw and County stickers- This was their #1 choice and gives the park use to our city and county rc~ideats- 2. Remove cacters in thc main lot to permi; city and couaD' stick~:r parking only. Maintain m~lers in the Nor'th let for non-rc~iden! p;~rking. This allows 166 spaces for cir,', and count,.' residents and 48 apact~ for 3. Continue parking lots ~ they are but LLmit parking; tn the front two r,ws to City residents only. This allocates 83 spacc~ {39% of the parking ~pac~) for our city residents plus six handicap parking space~. It alan allocates 8~ space~ in the muha lot plus 48 spaces in the north Io~ for a total of 131 spaces for non-city All of the above opfioos increa.~e park acceasibilily for our local and city r~idea~ while o. ivlag full and adequate consideration for county, rmident parking. All beach users still have access to each road end paridng along all of our city beaches. P.O. Box 423 ' ' Lowdermilk Parking June 9'7 BEACH PERMITS YEAR CITY ~ TOTAL 1995 ~,217 (17%) .24,765 (83°/o) 29,982 1996 5,815 (19%) ~[4,114 (81°/o) 29,929 current date, beach Beginning in 1996, and continuing through the permits are issued at the following locations: · City Hall, Volunteer Desk Goiden Gate Community Park · Veteran's Community Park · East Naples Community Park Frank E. Mackie, Jr. Community Park · Immokalee Community Park · Vineyards Community Park Data is not presently available as to the number of permits issued at the Collier County facilities. Therefore, data is not available for 1997. Lowderrnilk Park Problem $~tateme~ During the winter months, utilization of Lowdermilk Park is so intense that local residents cannot use their community park. Lowd rmilk Park Usage Survey Main North Lot Lot Sunday, I0 0 0 ./~larc. h 23 t :00 pm Total Tuesday 11:00 am 0 0 0 ~.~1arch 25 2:00 pm 6 5 11 Wedpesday 11:00 am March 26 2:00 pm 0 I 1 0 3 3 Thursday March 27 Friday March 28 11:00 am 0 0 0 2:00 pm 10 10 20 11:00 am I 0 1 2:00 pm 0 0 0 11:00 am Saturday March 29 1 0 1 Sunday March 30 11:00 am ':;4 11 15 2:00 pm ___0 ~0 ~ TOTALS: 22 30 52 Coquina Sands Homeowner's Association Lowdermilk Park Parking Lot Survey March 23re through March 30t~ DAILY PERCENTAGE OF VEHICLES PARKED (210 Parked Vehicles - Average) '.lain Lot___i '4n rlh L~ t..i ,tal: CITY COUNTY NO STICK.ER STICK.El{ STICKER __ VACANT _ 15% 34% 29% X 3°/° 7% 12% X 18% 41% 41% X TOTAI. 78% 22% .100% SEP Z 3 1997 sANDS Dr. Richard L. WoodrUff Ci~ Mmo~,cr 1Re: Lowd~[~ ~ark Lowdc~ p~rk usage w~ ~h~ ~ [~ue idenfi~c~ b7 our r~d~a~ ~u~ l~e Propel 2G~5 p~an=~ m~' ~on~ ~o ~e ~uve up road-end acc~s so ~be ci~' co~d build ~ b~ch-park for Ci~ R~id~n~- A~ ~e ~me ~bc r~idcn~ in th~s n~w ciU communi~ were c~C[CCd ~t it p~dcd ~mplc ~om for ~copoU~ns to ~n~,r ~t neighborhood communi~. No~. b~ause of lucb h~a~ nun-c~ r~i~e~l usa~. we a~ unabl~ ~o find [o u~ our The rm~m of our rec~ndy complele~ da~ ~u~7 h~ld bt~° Ma~b 2]~ hl=~b 51s~ thaw just how ~le perk acc~s our C[~ R~ide~ A~era:ed3~yp~r~nguscal Lawde~Jlk: (214 36 Vehicl~ ~th Ci~ Sfic~n (1~% of pared vehicles} ~4 Vc~JcI~ ~lb Coua~ S~ckcn (41% u[ park~ gT VebiCl~ w~h no s~ckt~ (4Z~/n Of p~rkcd Ei~hl of thc ~ ~ su~¢ycd ~ho~ aa ~P~ oa~,~c~llY'C~WCrelineduPle~Efar p~r~n:. At our 5~on~hly ~uurd of Dir~clo~ m~°[ held ~s~ nigh~, our Board of ~o~cd ~o pcfi~on ~hc Ci~ m re=kc ~e p~rk mor~ nccrssi~lt to ~c communi~ and o~e~ ~bc ruUo~g o~dons (o uccumplbh thb goal. 1. Remove ~11 pzr~g mz(em and ~il purk use to pemil park- ingon[y- Ci~and Coun~sdckem' Thhwaslhelr~l ~oicc and [iv~ the perk u~c to our ci~ and coUoW r~idtua. 2, Rcm0vc ~ctc~ ~ ~c msia let (o pe~ic ci~ aad cou~ sticker ~ur~n: ~aly. Ma~n mttc~ [n ~e No~ lot for aon-~idenl put,n:. Tb~ allows I66 specu for ci~ and coun~ residcn~ 3. Coo~uc por~a: Io~ as ~¢Y are bu: ~i( pa~ ~ ~c ~o rows fo CI~ r~id=n~ only, This aU~s~ 83 (39% of thc pnr~a: space) f~r our ci~ t~id~n~ plus handicap pzr~E space:. It aba allo~tu ~3 ~pac~ in thz m~in loc plus 4~ spact~ in ~be no~h IQ[ for ~ tol~l of 131 spac~s All ar Ibc above options ~creale park acctsaibilitY for our local and clry r~i~cn~ ~ ~v~n fultand ~dequatecousidt~6anfarc°un~tPar~g' A~ While:' ' 'g ....... ~ ~a~l ~n~ ~ar~ng nl~a~ef°urci~b~c~ Lowdermilk Park '~emove ali parking meters and limit Park use ..o permit parking only -City and County Stickers. ~emove meters in the main lot to permit City and ~'.~ounty sticker parking only. Maintain meters in ~he north lot for non-resident parking.This allows · 'i 66 spaces for City and County residents and 48 ~,paces for out-of-towners. .?pti.o ~ it parking :Sont~nue parking lots as !hey ar.e but iim in the front two rows to Cdy residents enly. This ~iiocates 83 spaces (39% of the parking spaces) ~:or our City residents plus six handicap parking spaces, it also allocates 8,3 spaces in the main lot .~lus 48 spaces in the north lot for a total of :131 spaces for non-City residents. EXECUTIVE SUMMARY APPROVE CONTRACT BET~VEEN COLLIER COUNTY AND ASA PROPERTIES, LLC REGARDING THE WORLD CHAMPIONSHIP IN-LINE SKATE COMI>ET1TION SCHEDULED FOR OCTOBER 11 - 13, 1997 OBJECTIVE: To approve contrac~ between Collier County and ASA Properties, LLC regarding the World Championship In-Line Skate competition scheduled for October 11- 13, 1997 CONSIDERATIONS: On September 16, 1997 the Board of County Commissioners approved the allocation of $60,450 for the World Championship In-Line Skate competition to be held on October 11-13, 1997. The Board requested certain provisions be included in the contract in addition to the standard special events contract. Additional provisions include Grantee shall provide a verifiable accounting to the County Administrator in a form acceptable to the County Administrator on or before November 13, 1997. The accounting must include documentation identifying $148,000 paid invoices with funds other than tourist development funds. Exhibit A identifies the line item budget totaling $60,450 and a definition of each item. l.ang-,Jage in the contract which differs from the standard special events is in hold type. FISCAL IblPACT: Sufficient funds are available in the Tourist Development fund for special events in reset'es for this event. A budget amendment is needed. GROWTH MANAGEMENT IMPACT: None RECOI~LMENDATION: Board of County Commissioners approve contract between Collier County and ASA Properties LLC, authorize Chairman to sign, and approve budget amendment. ~ean Gansel, Budget Analyst P, eviewed by: /q'//-~''''-~k52 Michael Smykowski, OMB Director / / i2gte_L__0 {f 7 / ~ 7 AGENDA ITE'M SEP 2 3 1~97 pg. I 1997 TOURISM AGREEMENT BETWEEN COLLIER COUNTY AND ASA PROPERTIES, LLC REGARDING TIlE WORLD CHAMPIONSIIIP IN-LINE SKATE COMPETITION SCitEDULED FOR OCTOBER 11-13, 1997 THIS AGREEMENT, is made and entered into this ~ day of_ ., 1997, by and between ASA Properties, LLC, a limited liability company organized under the State of California, hereinafter referred to as "GRANTEE" and Collier County, a political subdivision of the State of Florida. hereinafter referred to as "COUNTY." WHEREAS, the COUNTY has adopted a Tourist Development Plan (hereinafter referred to as "Plan") funded by proceeds from the Tourist Development Tax; and \VHEREAS, the Plan provides that certain of the revenues generated by the Tourist Development Tax are to be allocated for the promotion and advertising of Collier County nationally and internationally and for the promotion and advt:rtising of activities or events intended to bring tourists Io Collier County; and WHEREAS, GRANTEE has applied to the Tourist Development Tax Council and the County to use Tourist Development Tax funds for the promotion and advertising of the World Championship In-line Skate Competition, scheduled for October 11-13, 1997 (the "Event"); and \\rHEREAS, the COUN'FY desires to fund the proposed advertising and promotion pursuant to this Agreement. NOW, THEREFORE, BASED UT'ON THE MU'FUAL COVENANTS AND PREMISES PROVIDED HEREIN, AND OTHER VALUABLE CONSIDERATION, 1T MUTUALLY AGREED AS FOLLOWS: l. ~ W_Qt?~: In accordance with the Budget attached as Exhibit "A," the GRANTEE shall provide the advertising and promotion of the Event. 2. ~: The amount to be paid under this Agreement shall be Sixty Thousand and Four Hundred Fifty Dollars ($60,450.00). This amount will be reduced by an:,' local sponsorship. The GRANTEE shall be paid in accordance with risc. al procedures of the County for expenditures incurred for the promotion and advertising expenses as described in Section I upon submittal of an invoice and upon verification that the service: des ._ . invoice are completed or that goods have been received. SImP 2 pg._ Council as additionally insured. The certificate must be valid for the duration GRANTEE shall determine that the goods and services have been properly provided, and shall submit invoices to thc County Administrator or his designee. The County Administrator or his dcsigncc shall determine that thc invoice payments arc authorized and thc goods or services covered by such invoice have been provided or performed in accordance with such authorization. The linc item budget attached as Exhibit "A" shall constitute authorization of thc expenditure described in the invoices provided that such expenditure is made in accordance with this Agreement. Each invoice submitted by GRANTEE shall be itemized in sufficient detail for audit thereof and shall be supported by copies of corresponding vendor invoices and proof of receipt of goods or performance of thc services invoiced. GRANTEE shall certify in writing that all subcontractors and vendors have been paid for work and materials from previous payments received prior to receipt of any further payments. The COUNTY shall not pay GRANTEE until the Clerk of the Board of County Commissioners pre-audits payment invoices in accordance with the law. County. shall pa.,,' for services performed or goods delivered beginning September 16, 1997 and ending upon termination of this Agreement pursuant to Section 10 of this Agreement GRANTEE shall be paid for its actual cost not to exceed the total amount for various linc items and up to the maximum amount budgeted pursuant to the Attached "Exhibit A." The amounts applicable to the various line items of Exhibit "A," subject to the maximum total amount, may be increased or decreased by up to ten percent (10%) at the discretion of GtL&.NTEE. Adjustment in excess of ten percent (10%) of any line item must be authorized by the County Administrator or his designee. 3. ELIGt~~-Lr~F-,~. Only eligible expenditures described in Section 1 will be paid by COUNTY. Any expenditures paid by COUNTY which are later deemed to be ineligible expenditures shall be repaid to COIJNTY within 30 days of COUNTY's Written request to repay said funds. COUNTY may request repayment o£ funds for a period of up to one year after termination of this Agreement or any extension or renewal thereof. 4. ~C~]~: GRANTEE is required to submit a Ce~.ificate of Insurance naming Collier County, and its Board of County Commissioners and the Tou AGENDA ITEM SEP 2 3 1997 _'5 and be issued by a company licensed in the State of Florida, and provide General Liability Insurance for no less than the foilowin§ amounts: BODILY INJURY LIABILITY $1,000,000 each claim per person PROPERTY DAMAGE LIABILITY $1,000,000 each claim per person PERSONAL IN.IURY LIABILITY $1,000,000 each claim per person WORKER'S COMPENSATION AND EMPLOYER'S LIABILITY-Statutory The Certificate of Insurance must be delivered to the Risk Nlanagement Director or his designee within ten days of execution of this Agreement by the COUNTY. 5. ~_EPORT_,5.: GRANTEE shall provide a verifiable accounting to the Count.',' Administrator in a form acceptable to the Count)' Administrator on or before November 13, 1997. The accounting must include documentation identifyingS148,000'00 paid ~vitl' funds other than tourist development tax funds. 6. ~,.i:j_O_.i_C.E~.F~S A~D EAIR~: GRANTEE may select vendors or subcontractors to provide services as described in Section 1. COUNTY shall not be responsible for paying vendors and shall not be involved in the selection of subcon~.ractors or vendors. GRANTEE agrees to disclose any relationship between GRANTEE and the subcon- tractors or vendors, including, but not limited to, similar or related employees, agents, officers, directors andJor shareholders. COUNTY may, in its discretion, object to the reasonableness of expenditures and require repayment if invoices have been paid under this Agreement for unreasonable expenditures. The reasonableness of the expenditures shall be based on industry standards. 7. .~'~: The GPA.NTEE shall hold harmless and defend COUNTY, and its agents and employees, from any and all suits and actions including attorney's fees and all costs of litigation and judgments of any name and description arising out of or incidental to the performance of this Agreement or work performed thereunder. This provision shall also pertain to any claims brought against the COLFNTY by any employee of the named GRANTEE, any subcontractor, or anyone directly or indirectly employed or authorized to perfon'n work by any of them. The GRANTEE's obligation under this provision shall not be limited in any way by the agreed upon Agreement price as shown in this A ;eerne,~L~l[51~eITEM GRANTEE's limit of, or lack of, sufficient insurance protection. SEP 2 3 19 7 Pg- g. ]q._0_T_i_C,.E~: All notices from thc COUNTY to thc GRANTEE shall be in wriling and deemed duly served if mailed by registered or certified mail to thc GRANTEE at the following address: Rick Braman, President ASA Properties, LLC 4143 Via Marina, Suite 420 Marina Del Rey, CA 90292 All notices from the GRANTEE to the COUNTY shall be in writing and deemed duly served if mailed by registered or certified mail to the COUNTY to: County Administrator Second Floor, Administration Building 3301 Tamiami Trail East Naples, Florida 34112 The GRANTEE and the COUNTY may change the above mailing address al an.,,' time upon giving the other pan)' written notification pursuant to this Section. 9. N~~,N-: Nothing herein contained shall bc constracd as crcanng a partnership between the COUNTY and the GRANTEE, or its vendor or subcontractor, or to constitute the GP~ANTEE, or its vendor or subcontractor, as an agent or ~rnpIoyce of thc COUNTY. 10. ~~.ZI_QIS.: The COUNTY or the GRANTEE may cancel this Agrc-erntnt with or without cause by giving 30 days advance wrinen notice of such tm-ruination pursum~t to Section 8 and specifying the effective date of termination. If the COUNTY terminates this Agreement, the COUNTY will pay the GRANTEE for all expenditures incurred, or contractual obligations incurred with subcontractors and vendors, by GRANTEE up to the effective date of the termination so long as such expenses are eligible. Provided, however, or if GR.Pd',rI'EE fails to hold the event or activity, GRANTEE shall pay to COUNTY all funds expended by COUNTY pursuant to this Agreement, unless the Bo;u'd of County Commissioners determines that the completed promotion and advertising of the event or activity were sufficient to justify the use of -- AGENDA ITEM tourist development tax funds. No.~ SEP 2 3 1997 Pg.~ 11. _GEN'ERAL ACCOUNTING: GRANTEE is required to maintain complete and accurate accounting records and keep tourism funds in a separate checking account. All revenue related to the Agreement should be recorded, and all expenditures must be incurred within the term of this Agreement. 12. p~VAILABILITY OF RECORDS: GRANTEE shall maintain records, books, documents, papers and financial information pertaining to work performed under this Agree- ment. GRANTEE agrees that the COUNTY, or any of its duly authorized representatives, shall. until the expiration of three (3) year~ after final payment under this Agreement, b. ave access to, and the right to examine and photocopy any l:~zrlinent book~, documents, papers, and records of GRANTEE involving transactions related to this Agreement. 13. PI~OH[BITION OF ASSIGN.'MENrI: GRAN~I'EE shall not assign, convey, or transfer in whole or in part its interest in this Agreement Without the prior written consent of the COUNTY. 14. I.F,.,l~td: This Agreement shall become effective on September 23, 1997 and shall remain effective for one year. The GRANTEE shall request an extension of this term in writing at least thirty (30) days prior to the expiration of this Agreement, and the COUNTY may agree by amendment to this Agreement to extend tim term for an additional one year. Any funds not used by GRANTEE during the term of this Agreement and any extension thereto shall be available for future applicants. 15. EV_/M.,.~ OF TOURISM iMPA.C~: GRANTEE shall monitor and evaluate the event identifying the success of thc event, explaining how the success and quality were evaluated, report overall attendance including resident/non-resident attendance and how attendance information was ascertained. GRANTEE shall provide a written report to the County Administrator or his designee within sixty (60) days of the date of the event. 16. p.~F,I~2~_ION: All promotional literature and media advertising must prominently list Collier County as one of the sponsors. 17. ~I]~]~,~[~S: This Agreement may only be amended by mutual agreement of the parties. 18. GOVERNING LAW: Thi~ Agreement shall be governed and constru~ql in -- AGE, iDA ri'EM accordance with the laws of the State of Florida. No.~ SEP 23 ~7 5 pg..___.~ IN WITNESS WHEREOF, the GRANTEE and COUNTY have each respectively, by an authorized person or agent, hereunder set their hands and seals on the date and year first above written. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: TIMOTHY L. HANCOCK, Chairman WITNESSES: GRANTEE (1). ASA Properties, LLC pnntcd.rryped Name (2) By: p rinle d/Tyl:m.d Nat'nc PnntcdFrypcd Name p tin lc d,rr >-p,cd T~tlc (corporate seal) Approved as to form and ufficiency f:/¢w/1997 TDC Agreements/in-linc Skate Compclilion AGENDAITEM No.~% SEP 2 3 1.q~7 -- EXHIBIT "A" ADVERTiSiNG/PROMOTION/PRODUCTION Creative Design Creative Execution Print Advertising Television Radio Promotions Production fees Features Produc6on Post Production Dubs Printing Total S 2,000.00 1,350.00 5,000.00 5,000.00 1,500.00 3,500.00 26,000.00 9,000o00 500.00 ITEM SE? 2 3 Creative Design · Cost to hire artists to create the event's advertising campaign, includin§ layoul, dcsi§n and copy fees. Creative Execution · Cost to produce Ihe artwork needed to run the event's advertising campaign, including film development, reproductions and tape slock. Print Adverlising · Includes local, regional and national print advertising in publications such as Naples Daily News (local), Miami Herald (rc~io, al) and lnllnc Magazine (national). Television · Cost to create television advertising and to place it both locally and regionally. Radio · Cost to create radio advertising and to place it on local and regional stations. Promotions · Cost to develop promotional materials fcr local and regional promotion of event. Production Fees * Fees :o television production company to hire television crew such as producer, director. assistant director, camera crew, tape stock, audio personnel, technical director, production assislants. l-'entu res Production · Cost of hiring a crew and cquipmen! to shoot and produce special features for thc event's televisien sho~¥s highlighting Collier County. Cost Production · Cost of editing the 30 hours o£ footage shot at thc event into thc shows for air on ESPN and ES PN2. Dubs · Cost of tape s~ock and video duplicalions. Printing Cost of printing posters, flyers, invitations, maps, hotcl information and other information on the event. AGENDA ITEM SEP 2 3 lgg7 Pg. EXECUTIVE SUMMARY CONSIDER KEQUEST BY PELICAN HARBOR, INC. FOR BOARD OF COUNTY COMMISSIONERS TO CONWEY COUNTY-OWNED SUBMERGED LANDS (VANDERBILT LAGOON) TO THE TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA- OBJECTIVE: To consid~ the request by Pelican Harbor, Inc. to convey County-owned propeay to the Trustees of the Internal Improvement Trust Fund of the State of Florida. CONSIDERATIONS: Pelican Harbor, Inc. has requested that Collier County convey the following property to the Trustees of the Internal Improvement Trust Fund: Al! of Block F. Conners Vanderb/lt Beach Estates, Unit No. 2, Plat Book 3, Page 17, Public Records of Collier County., Florida, LESS AND EXCEPT the following described parcel; Beginning at the SW comer of Block F, Unit 2, Conners Vanderbilt Beach Estates, Plat Book 3, Page 17, Public Records of Collier Coupty, Florida. thence N6°04'30" W 261.53 feet; thence N89°52'30" E 517.57 feet; thence S1"00'00" E 260.05 feet; thence 1'489"52'30" W 494.43 feet to the Place of Beginning. The County acquired the subject property by deed dated September 9, 1981 from Thomas S. Tucker to Board of' County Corm'n/ssioners, Collier County, Florida. The deed was recorded at Official Record Book 937, Page 1628 of the Public Records of Collier County. Staff has b~ unable to determine why this property was conveyed to Collier County, and the minutes of the Board meetings do not reflect an express acceptance of this property by the County. On March 18, 1975, the Board of Tru~ee~ of the Inte~'m.l Improvement Trust Fund approved an application to construct 750 linear feet of vertical sea wail on Vanderbilt Lagoon and to backfill the area landward of the sea wall with 1,900 cubic yards of fill. The applicant, Joseph Garland, agre~ to deed to the State approximately 11.5 aere~ of ~ubmerged land in the lagoon in exchange for authorization to construct the sea wall. According to the Division of State Lands' title records, no deed to the State for the submerged land was ever made, nor did the Board of Trustees convey by quitclaim deed the filled area to the applicant. Mr. Garland conveyed a portion of thc 11.5 acres to Mr. Tucker in December of 1978, and as stat ~ conveyed the property to the County in 1981. ~.~~ Executive Sumrr~ry Pelican Harbor, Inc. Page 2 The current owner of the upland property, Pelican Harbor, Inc., and a prospective buyer, Vanderbilt Partners. Ltd. have requested a quitclaim deed from the State for the area of fill behind the sea wall in return for the deed to the submerged land, a portion of which is now held by Collier County, to the State. On August 2g, 1997, the Trustees of the Internal Improvement Trust Fund again addressed this matter and approved the ~change of upland land ['or submerged land. Since the exi~ing owner does not own the 11.5 acres of submerged land, Pelican Harbor, Inc. is requesting that the County convey the portion of the 11.5 acres held by the County directly to the State. The valuation memorandum prepared by Ke~in Hendricks, Review Appraiser, states that "the highest and bes~ use of the property is to remain submerged land in public ownersh¥, hence adding to the value of the community." The value of the property is five thousand dollars · ($5,000.00). The Real Property Department has contacted the County Administrators and Directors to determine the history of this prope~y and whether the County is interested in using this property. The only response received was Prom Mr. Harry E. Huber, Project Manager III, OCPM. He states, "it is recommend that ownership of this parcel be retained by Collier Coumy. Ownership of this parcel may be very valuable relative to future considerations pertaining to environmental project mitigation requirements." If the Board desires to convey the subject property to the State, this may be completed in one of two ways: 1. pursuant to Section 125.38, Florida Statutes, the Board of County Commissioner$ will adopt a resolution stating the following: a) the State desires the subject real property; b) the purpose for which the such properly is to be used by the State; c) that the subject property is required for use by the State and is no', needed for County purposes and d) a price for the conveyance whethe~ nominal or otherwise; or 2. Pursuant to Section 125.35, Florida Statute-';, since the subject property is valued at an amount equal to $5,000.00, the Board may affect a private sale, after sending notice of its intended action to the owners of adjacent property by certified mail. If within ten (10) days after receiving mailed notice, two or more property owners notify the County of their desire to purchase the parcel, the Board may accept sealed bids for the parcel from such property owners and may convey such property to the highest bidder or may reject all offers. FISCAL IMPACT: All expenses including advertising expenses, if any, and recording costs will be paid by Pelic~.n Harbor, Inc. or Vanderbilt Partners, Ltd. Any compensation for the subject property will be paid into the appropriate account as directed by the Budget Office. GROWTH MANAGEMENT IMPACT: The property may have an impact if used for mitigation. AGENDA ITEM No. SEP 2 3 2 Execu five Summary Pelican H~bor, Inc. P,g¢ 3 RECOMMENDATION: To consider request by Pelican Harbor, Inc. for Board of County Commissioners to convey County-owned submerged !and to the Trastees of the Internal Improvement Fund of the State of Florida. I. If the Board desires to keep the subject property, the Board should re-accept the dedication. 2. If the Board desires to dispose of the subject property it must declare the property surplus. Th. eh, it must decide whether it desires to donate the property to the State or whether it desires to sell the subject properS. 3. If it desires to donate the property to the State, the Board of County Commissioners will adopt a resolution stating the following: a) the State desires the subject real property; b) the purpose for which the such property is to be used by the State; c) that the subject property is required for use by the State and is not needed for County purposes and d) a price for the conveyance whether nominai or other~vise. 4. If it desires to sell the property, since the subject property is valued at an amount equal to 55,00~.00, the Board may affect a private sale, after 'sending notice of its inte~ded action to the owners of adjacent property by certified mail. If' within ten (10) days after receiving mailed notice, v~o or more property ownc~ noti~ the County of their desire to purchase the parcel, the Board may accept sealed bids for ibc parcel from such property owners and may convey such proper~y to the highest bidder or may reject all offers. 5. If the Board desires to dispose of the property, such conveyance shall be by donation or sale. The Board must authorize the Chairman to execute a statutory deed and any other documents app~ove~ by the County Attorney's Office to afl,:ct the conve?/ance, and direct staff to record the deed and other documents upon receipt of the payments for costs. Pre~ared by: A~istant Cotu~ty Attorney Date Approve~d by: CounD~ Attorney h:/e~,/~f~t~:~t~li~'~ lun~,-'-X/Vandcr~lt IJl°°n Date I I 'o ,o01 -. '7 ^GL'~tD^ 'T£' ' Date: To: From' 'RE: COI,LIER COUNTY OFFICE OF CAPITAl. PROJECT 51ANA(;E51ENT 51 E 1;I R A'N D U September 12, 1997 1991 Yvonn¢ Chambers, Rcal Property Specialist R, eal Property Management Department H'ar~~Managcrll] Office of Capital Projects Management Conveyance of Submerged l. ands- Vandcrbilt l,agoon Reference is made to your memo dated September 2, 199'7 relalive to a rccuest to convey a County-owned parcel Iocaled in Block F. Conners Vandcrbilt Beach Estates, Unit 2. In revicwin$ the information provided in this regard, it is recommended that ownership of this parcel be retained by Collier County. Ownership of this parcel may be very valuable relative to fury. re co~sidcrations per:aining to environmental project mitigation requirements. lfyou should have any questions or require additional information, please give me a call. Adolfo A. Gonzalez, P.E., Director Office of Capital Projects Management MEMO IIEll Ih 105 AGENDA FrI~M ~ No._ ':t(a~.. 5EP 23 Lq~17 il '" ...... ?:,:4SO~ ~ ~,,~...~ S. TL;ClC£R :~ILD'OT' Cou~T~ CO"~'~$'ONE~S' COLL'~R ~ s ~0.00 ..... · w~ i / J~ ~ ~ p'I' '~ J~f~f I~ f~f hJ . 2 Conne~ ~ . Unit , · S~ co~n~ ~ · r~- t~ence ~a: t~ . ~ · eaqe ~... ~3 Leer: ~e9 52'30 ~ ~;4.~ feet to ~,,e .cope~t? o[ the ThLS is ~ the Mo~:ea8 r · ,..,"" ~:,,' . .... ,.=.,,~T~~T.u . * ..... ~, ~1 ~ ¢¢ ~ ¢--.~ N~~ ~ ~ ~ ~ · --" .~L'.. -'"". ~. :' ~ ~la~ d~ ~,~c~e~ ,~ / ~oO~ ~ ~ ~ ~ " AGENDA ITE~ :~o. _ct ~'n~ ~ 'SEP 2 3 ~997 DATE: TO: FROM: RE: REAL PROPERTY MANAGEMENT DEPARTMENT VALUATION MEMORA.NDUM September 10, 1997 ' / Yvorme Chambers, Real Property Specialist ~/~ / Kevin HencLricks, Revicw Appraiser ~ Vanderbilt Lagoon Submerged Lands Valuation j In response to your Request for Land Rights Valuation, I have conducted research on available data concerr, i~g the subject and offer the following information: DESCRiPTION OF THE SUBJECT REAL PROPERTY: The subject property is that portion of Block F, Corunors Vanderbilt Beach Estates, Unit No. 2, under the ownership of Collier County., Florida. by virtue of that quitclaim deed recorded in OR Book 937, Page 1628. The property is under water and constitutes a large portion of what is know'n as "Vanderbilt Lagoon." The parcel described by the above-referenced quitcla/m deed does not connect with ch"/land. The south line of the "property" is over 165 feet from the existing seaxval't on the Mi_talin property. As can be seen from the map in the addendum, if it weren't ,under water, thc subject property would be an island, b~ause it is encLrclcd by platted waterways dedicated to thc perpetual usc of thc public. pLqt. POSE AuND INTENTJED USE OF THE APPRAISAL: As the title of this memorandum implies, this estimate of value is meant only for intra-agency use. It is not intended to be used or relied upon by others outside Co,tlier County government, nor is it to be considered by the client as a self- contained appraisal. This Valuation Memorandum must be considered as a "limited appraisal" communicated to 'the reader in a "restricted appraisal report" format in accordance with the Uniform Standard~ of Professional Appraisal Practice ('USPAP). Its purpose is to set forth the support, reasorting and findings of fact upon which the estimate of the market value of the subject property is based. Due to the nam.re of the client and intended user of this report, re~onal economic and demographic data have been omitted for the sake of breviD'. The opinions expressed herein are based upon a preponderance of the data examined; and not every sales transaction has been verified with a party to the sale. A~ENDe~ StP 3 Lq97 'v'aluarion Memorandum Page 2 REAL PROPERTY INTEREST AND TYPE OF VALUE BEING APPRAISED: This Valuation Memorandum is concerned only with the "market value" of the fee simple interest in the subject property. In 1993, the Appraisal Institute's Special Task Force on Value Definitions clarified the definition of "Market Value" (the concept of which they described as the ".. foundation of the Valuation discipline,') as meaning the most probable price which a specified interest in real property should bring in a competitive and open market under all of the conditions set forth below. 1. Both the Buyer and Seller are typically motivated, and both parties are prudent, knowledgeable, and acting in what they believe to be their own best interests. 2. Neither party (and hence the price to which they agree) is affected by undue stimulus. 3. Prior to the sale, a reasonable time was allowed for exposure in the open market, and adequate marketing efforts were made during this time. 4. Payrnent is made in cash (U.S. dollars) or in terms and conditions (f'mancial arrangements) comparable thereto. 5. The price represents the sole consideration for the property unaffected by special or creative financing, or sales concessions granted by anyone associated with the sale. 6. The sale is constm',,mated as ora specified date. EFFECTIVE DATE OF APPRAISAL AND DATE OF REPORT: Thc effective date of the appraisal and the date of valuation, as distinguished from the date of this valuation memorandum, is the date the property was last inspected by this writer: September 9, 1997 HIGHEST AND BEST USE OF TIlE SUBJECT REAL ESTATE: Evaluating, and then arriving at conclusions as to the highest and best use of a particular piece of property, is a critical activity which must take place early on in the appraisal process. This is ~ecause the appraiser's opinion as to the subject's highest and best use will significantly influence the data collection process. One definition of highest and best use (and perhaps the one most often quoted) is: "The reasonably probable and legal use of vacant land or an improved property which s No. S£P 2 3 Igg7 V~lu~t~on appropriately supported, financially feasible, and that results in the highest value" g.eaL.F-sl.~, ninth edition, published by The Appraisal Institute). It is often said that highest and best use analysis is at the heart of the valuation process. During the highest and best use analysis, the appraiser first considers those uses which are reasonably probable and legal and which would yield the highest value. For each such contemplated use of the property, the appraiser must then systematically ask: (1) Is the contemplated use physically possible? (2) Is the contemplated use financially feasible7 and (3) Is there appropriate support for the theorized usage of the property.'? In the final analysis, however, an estimate of highest and best use is not completely empirical. Like the correlation of data and final estimate of a property's value, it is based, in pan,, on the appraiser's judgment. Since Collier County has adopted a Growth Management Plan which isolates intensive land uses to specific geographic locations within the County, and which limits densities in the remaining residential portions uf the County, the first possible uses one might normally consider would be those suggested by neighboring properties which have already been developed and which share the same quality of zoning and access. In the case of ~e subject properD',, however, the development order for the property, Ordinance No.96-12, was created to implement a settlement agreement between Collier County and Benedict P. Miralia, TrusTee. At first, it appeared to me that some marine related usage would emerge as the highest and best use for the subject property after combining the subject property with the submerged lands of the Miraiia proper'o.'; but the development order, and the settlement agreement restrict the number of docks which can be constructed in the lagoon to the number of residential un. its in the Miralia development. The developmen~ order further states that no commercial use may be made of the docks," .. nor shall an.,,' boat docks accesso,"y to the multi-family dwelling use comprise in pan or in whole a public or p,4vate marina." The order also prohibits rental of jet skis or other recreational equipment which would be disruptive to the lagoon area. .Another approach to studying the highest and best use of the property is to investigate the benefits v,,hich would accrue from assembling it with an adjacent property. In ',he instant case, the only adjacent property is the Miralia property (part of the Miralia property is also submerged land . . . the future location of the boat docks). In the absence of the development order it might have been possible to increase the number of permitted residential units on the upland part of the property by using the area of the submerged lands in combination with the upland. The development order, however, has already capped the number of residential units on the uplands at 210 d'~'elling units. Based upon a review of the relevant data, and in consideration of the uses available to the subject, it is my opinion that the highest and best use of the subject property is to remain '~ ..... ownership, and hence adding value to the community. No. SEP 2 3 P~. V~lu~don Memorandum P~§c 4 EXPLANATION OF THE APPROACH(ES) TO VALUE EMPLOYED: If thc submerged lands had been contiguous with an upland tract, one method of valuation might have been to value the upland tract as is (waterfront) and then estimate its value as if it lacked the waterfront amenity. The difference in the two values might have been an indication of the value of the submerged lands. In this case, however, the Miralia tract contains its own submerged lands which connect with the public waterways. It would not be possible, therefore, to deny the Mb'alia tract waterfront exposure by denying them access across the subject property, i.e., the Miralia tract would have the same value with or without the existence of the subject property. DESCRIPTION OF THE DATA COLLECTION PROCESS: reviewed in detail: The following documents ,,,,'ere Collier County Property Appraiser's Tax Assessment Maps for T48 / R2.5 / S32. Connor's Vanderbilt Beach Estates Unit No. 2 plat. Bulkhead Line Plat Book No. 1, Page 62 (showing the subject property). Map of Boundary and Topographic Survey prepared by Wilson, Miller Barton and Peek, Inc. Sketch to Follow Legal Descriptions prepared by Wilson, Miller Bar~on and Peek, Inc. Letter from Florida DEP to Tom Gardner dated July 2 t, 1997. Letler from Tom Gardner to Florida DEP dated July 17, 1997. · Agenda from the State of Florida Bo,~d of Tr,~slees of the Internal Improvement Trust Fund dated August 28. 1997. · Order dated March .3 I, 1975, granting authority to Joseph Garland to construct a seawall and fill part of the proper'ry. · Quitclaim deed from Joseph Garland and La. Belle Garland to Thomas S. Tucker regarding a poaion of the upland property recorded in OR Book 590, Page 1228. · Warranty Deed from J'oseph Garland and LaBelle Garland to Thomas S. Tucker regarding a portion of the upland property recorded in OP, Book 790, Page 1230. · Quitclaim deed to a portion of the submerged lands from Thomas S. Tucker to the Board of County Commissioners of Collier Florida recorded in OR Book 937, Page 1628. · Amended Settlement A~eement between Benedict P. Mira!ia, Trustee, and Collier County,, Florida, dated December i2, 199.5. Executive Summary and plartnJng Cormnission report to the Board of County Commissioner · recommending acceptance of the Settlement Agreement. · Collier County Ordinance No. 96-12 (development order implementing Amended Settlement Agreement dated 12-12-95). In addition to review of the above-referenced documents, I called Tom Gardner to get a brief histo~ of the project. I also spoke with Marjorie Student regarding the issues at stake. N o. __.~L.I:L~-- eS. ~ % aluation Memorandum page 5 CORRELATION OF RELEVAaNT iNFOtLMATION AND REASONED CONCLUSIONS: With the uses of the County's submerged land parcel (the subject property) so severely limited by the restrictions placed in the development order, it has very little, if any, utility. It is highly unlikely, in my opinion, that one would be permitted to utilize the proper%, in such a way as to generate a return on investment. For this reason it is my opinion that there is no market for the subject. It is not possible, therefore, to manufacture a "market" value for the property via any accepted approach to value. Where there is no active market for the real property righ~ being acquired by the conderrmor, alternative metheds of valuation must be employed. JD. Eaton, in B. tgl~_aIiL~_~kuation in Litigation, Second Edition, quotes the Uniform Eminent Domain Code. 1974 as follows: ". · · the fair market value of property for which there is no relevant market is its value as determined by any method of valuation that is just and reasonable." It is in ca~es similar to this, where no specific value can be adequately supported by market data, yet some sort of value must be assigned, that the concept of "nominal value" has come into being. The problem then becemes one of converting this concept of nominal value into dollar terms. One method of doing so is to define no.minal value as the cost to either acquire or dispose of an asset, when the asset's value is virtually n/l. This valuation is premised on the accepted notion that prudent and to exceed the benefits }a~owledgeable investors in any commodity would not allow the costs contemplated with the acquisition QL~s.t~ositiorl of said commodity. In theory, therefore, the value of an asset must at minimum be equal to the cost of acquiring or disposing of it. In ;ks much as prudent real estate investors rely on the counsel of professionals knowledgeable in the field (Realtors, appraisers, attorneys), and fees are charged for these professional services, a reasonable argument can be made for equating nominal value to the dollar amount of those fees which would be charged to represent the best interests of the buyer and seller in the transfer of an asset whose value is otherwise nit. A nominal value assigned utilizing this rationale will not always equal the same dollar amount; but may vary depending upon, in the judgment of the estimator, how thorough a review of the real estate's potential before and after disposition is required fi.om the consulting professional, and how thoroug,h a review is required of the particular legal, documcnt~ to be used in the tran~ fer of the a.~et. In this instance, in view of the factors addressed above, it is this R~viewer's opinion that the nominal value of the subject prope~,¢ (',.he submerged lands quitclaimed to Collier County by Thomas S. Tucker) is 55,000. AGENDA ITEM .0. qea) 2 3 1997 V~lu.~on Memorandum p=g¢ 6 RESTRICTIONS ON THE USE OF AND RELIANCE ON THE SUBJECT REPORT: As previously stated, this memorandum must be considered a "restricted appraisal" under the revisions to the Permitted Departure from Specific Guidelines for Real Property Appraisals (USPAP) which were adopted by the Appraisal Standards Board on March 22, 1994. As the title of this memorandum implies, this estimate of value is meant only for intra-agency use. It is not intended to be used or relied upon by others outside Collier County government, nor is it to be considered by the client as a self- contained appraisal. V.-,lu-~tion Memorandum Page 7 CERTTICATE OF~ I hereby certify that, to the best of my knowledge and belief,... The statements of fact contained in this report are u'ue and correct. The reported analysis, opinions, and conclusions are limited only by the reported assu~-nptions and limiting conditions, and are my personal, unbiased professional analyses, opinions and conclusions. I have no present or prospective interest in the property that is the subject of this report, and I have no personal interest or bias with respect to the parties involved. My compensation (neither salary nor bonus) is not contingent upon the reporting of a predetermined value or direction in value that favors the cause of my employer, the amount of the value est;mate, the attainment of a stipula:ed result, or the occurrence of a subsequent event. My analyses, cpimons and conclusions were developed, and th. is report has been prepared, in conformity, with the Uniform Standards of Pro£essional Appraisal Practice. Acceptance and utilization of tiffs appraisal report, or any portion thereof, constitutes ackr, owledgment and acceptance of all the General Assumptions and Special Conditions contained herein. I have made a personal inspection of the property which is the subject of tl'fis report. Un. less specifically mentioned irt the body of the report, and only to the extent mentioned, no one other than the undersigned contributed any significant assistance in developing the analyses, assumptions and conclusions contained in this report. l~eview Appraiser Collier County, Florida Valuation Memorandum Page $ ADDENDA AGENDA IT. EM No. qfFt\ SE? 2 3 1~97 00~ ,i AGE~ ITEM No._u' ~(n);_ EXECUTIVE SUMMARY REQUEST FOR APPROVAL OF DESIGNATING CERTAIN COUNTY CODE ENFORCEMENT OFFICERS. A RESOLUTION EMPLOYEES AS OBJECTIVE: For the Board of County Commissioners to consider approval of a Resolution designating certain County employees who have completed the required training as Code Enforcement Officers with authorization to issue citations and notices to appear as an additional and supplemental means of obtaining compliance with County codes and ordinances. CONSIDERATIONS: Collier County Ordinance No. 97-35 established supplemental County ordinance enforcement procedures whereby designated Code Enforcement Officers can issue citations and notices to appear as an additional and supplemental means of obtaining compliance with County codes and ordinances. Section Six of said Ordinance sets forth the training requirements in order to be designated as a Code Enforcement Officer. On September 9, 1997, a training program was held and the following individuals completed the training and are now eligible to be designated as Code Enforcement Officers. These individuals are: William Bolgar, Code Enforcement Supervisor; Maria Cruz, Code Enforcement Officer; Gary Harrison, Code Enforcement Officer; David Hedrich, Code Enforcement Officer; James Hendrixson, Code Enforcement Officer; Al Keller, Code Enforcement Officer; John Kelly, Code Enforcement Officer; Dennis Mazzone, Code Enforcement Officer; Michael Ossofio, Code Enforcement Officer; Teresa passmore, Code Enforcement Officer; Kimberly Polen, Code Enforcement Officer; Shirley Ray, Code Enforcement Officer; Sal Soldano, Code Enforcement Officer; Steven Stachura, Code Enforcement Officer; Linda Sullivan, Code Enforcement Director; Michael Vignari, Code Enforcement Officer; and Gaxy Morocco, Code Enforcement Officer in the Department of Revenue. This matter is being presented as an add-on item because there is no Board meeting on September 30, 1997. The designation of the County Employees who have completed their required training as Code Enforcement Officers will serve to promote the goals stated in Ordinance No. 97-35 of enforcement and judicial economy. It is antic;,pated that identification cards will be prepared for those County employees that are designated as Code Enforcement Officers. By law, a designation as a Code Enforcement Officer does not grv~nt the power of arrest to the Code Enforcement Officers. AGENDA ITEM S E P 2 3 Igg7 FISCAL IMPACT: The costs for the training have been covered by Fund No. 111-138911. Additional costs for identification cards are anticipated to not exceed $50.00. Funds are available in Account No. 111-138911 for said purpose. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: That the Board of County Commissioners approve the attached Resolution designating certain County employees as Code Enforcement Officers with authorization to issue citations and notices to appear as an additional and supplemental means of obtaining compliance with County codes and ordinances. C"nief Assistant County Attorney Prepared By: Linda Sullivan Code Enforcement Director Date: County Attorney Approved ' ~. ~ Date: Administrator Community Development and Environmental Services h :~xsu r.~n97~i~tio~rt'"solufion 'em AGENDA ITEM No. S E P 2 ~,~. 2. . I 2 3 4 5 6 7 9 10 Il 12 13 14 15 16 17 18 19 RESOLUTION NO. 9% A P, ESOLUTION DESIGNATING CERTAIN COUNTY EMPLOYEES AS CODE ENFORCEMENT OFFICERS ~gTTH AUTHORIZATION TO ISSUE CITATIONS AND NOTICES TO APPEAR AS AN ADDITIONAL AND SUPPLEMENTAL MEANS OF OBTAINING COMPLIANCE WITtt COUNTY CODE.S AND ORDINANCES. 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 39 40 41 42 WIIEREA$, Collier County Ordinance No, 97-35 authorizes the Boaxd of County Commissioner~ (bereinafk'r referred to as "Boafd~ to designate certain County employees or agents as Code Enforcement Officer~ with authorization to issue citalions and notices to appear as an additiomM and supplemental means of obtaining compliance with County codes and ordinances; md WHEREAS, Section Six of Collier County Ordinance No. 97-35 sets forth the training of de:,qgnated Code Enforcement Officers for issuing citations/notice.~ to appear; and WtIEREAS, the County employees to be designated as Code Enforcement Officers authorized to issue citations and notices to appear as an a-Jditional and supplemental means of obtaining compliance with County codes and ordinances by this Resolution, have completed the required training. NOW, THEREFORE, BE IT RESOLVED BY TIlE BOARD OF COUNTY COMblISSIONERS OF COLLIER COUNTY, FLORIDA, that: 1. Thc following Collier Cotmty employees arc hereby designated as Code Enforccment Officcrs with authorization to issue citation.s and notices to appear as an additional and supptcmcntal mcans of obtaining complia'lcc with County codes a.rM ordinances: William Bolgax, Code Enforcement Supervisor; Mafia Cruz, Code Enforcement Officer; Gary Harrison, Code Enforcement Officer; David Hedrich, Code Enforc~r'nent Officer' }ames Hcndgixson, Code Enforcement Officer; Al Keller, Code Enforcement Officer, John Kelly, Code Enforcement Officer', Dcrmis Maz. zone, Code Enforc.~nent Officer, Michael Oasorio, Code Enforcement Officer, Teresa passmore, Code Erd'orcernent Officer' K.imberly Polen, Code Enforcement Officer;, Shirley Ray, Code Enforcement Officer, Scl Soldano, Code Enforcement Officer, Steven Stachura. Code Enforcement Officer;, Linda Sulliva~ Code Enforcement Director, Mickael Vignari, Code Enforcement Officer, and Gary Morocco, Code Enforcement Officer in the Department of Revenue. 2. Designation as a Code Enforcement Officer with authorization to issue citations and notices to appear ~ provide the designated Code Enforcement Officer with the power of arrest or subject thc Code Enforcement Officer to thc provisions of §943f Florida Statutes. i<_~.o~ ~<. ~ '0 cC_ AGENDA rrEM S£P Z 3 m7 PI. - .3 _ I 2 3 5 6 7 9 10 II 12 13 14 Ira 1'7 Ic) 20 21 Tills RESOLUTION ADOPTED this ~ day of_ after motion, second and majority vote favoring same. A'I-rEST: DWIGttT E. BROCK, CLERK __.,1997, Approved as to form and legal sufficiency: BOARD OF COUNTY COMMISSIONERS, OF COLLIER COUNt, FLORIDA By: TIMOTHY L. HANCOCI~ CHAIR.MAN 22 2~'--"~iro Mafialic~ 26 Chief Assistant County Attorney 27 28 29 ~, AGENDA ITEM No. SEP 2 3 q APPOINTMENT OF MEMBER(S) TO TI-iE EMERGENCY MEDICAL SERVICES ADVISORY COUNCIL _ ..'_'_ 5Z. .................... ~: To appoint 3 members to serve 3 year terms, expiring on August 31,2000, on the Emergency Medical Services Advisory Council. ~E~: This 11 member council advises the Board of County Commissioners on all aspects of emergency medical services, including the operational budget, level of service and equipment. Terms are 3 years. A list of the current membership is included in the backup. The terms for Michael A. Davis (Commission Disu'ict 3), Robert D. Laird (At-Large), and Sharon M. Hanlon (At-Large) expired on August 31, 1997. A press release was issued and resumes were received from the following 6 interested citizz~s: APPLICANT Dl~Tmc'r IELECTOR Robert D. Laird (re-appt. At-Large) Michael A. Davis (re-appt. District 3) Daniel Malinowsld - At-Large Ed T. Maguire - At-Large Jolm Read, Jr. - At-Large George T. Leamon - At Large I yes 3 yes I yes 2 yes I yes 2 yes COMMITTEE RECOMMENDATIQN: Michael A. Davis (Dist. 3) Robert D. Laird (At Large) George T. Leamon (At Large) FISCAL IMPACT: NONE GROWTH MANAGEM_I~NT IMPA__(~: NONE RECOMM~=~_OAllQ~: That the Board of County Corranissioners consider the recommendation for appointment; appoint 3 members to serve 3 year terms, expiring on August 31, 2000, on the Emergency Medical Services Advisory Council; and, direct the County Attorney to .prepare a resolution confirming the appointments. Prepared By: Sue Filsott, Administrative Assi.qant Board of County Commissioners Agenda Date: September 23, 1997 AGENDA ITfA4 .o. /0/4- SEP 2 3 1997 Pg. / Emergency Medical Services Advisory Council Work Phone Appt'd Exp. Date Term Home Phone DateRe-appt 2ndZxpDate 2nd Term aaa-a610 09/13/94 08/31/96 2 Years Sheldon Reed 735 Eighth Street, South Naples, FL 34102 District: Category: City, of Naples Roger Evans P.O. Box 428 Naples, FL 34106 District: Category: Health Department Gary Young 3301 E. Tamiami Trail Naples, FL 34112 District: Category: Sheriffs Department Palina Fuson P.O. Box 413029 Naples, FL 34101 District: Category: Naples Community. Hospital Tim Smith 64 DuPont Road P.O. Box 67 Everglades City, FL 34139 District: 5 Category: Commission District Michael A. Davis 8120 lgth Avenue, S.W. Naples, FL 34102 District: 3 Category: Commission District j. p. Gunther-Mohr 600 Gordonia Road Naples, FL 34108 District: 2 Category: Commission District 9/17/96 08/31/99 3 Years 7744~200 09/28/93 08/31/96 3 Years 9/17/96 08/31/99 3 Years 774-4434 09/17/96 08/31/99 3 Years 262-3'~31 04/16/96 08/31/96 Months 9/17/96 08/31/99 3 Years 695-2500 643-1777 455.2818 597-8528 09/17/96 08/31/99 3 Years 04116/96 08131197 1 Year 06/20/95 08/31/96 I Year 9/17/96 08/31/99 3 Yeexs '0 June SEP 23 Lq97 Pg._~ -- Name Emergency Medical Services Advisory Council [Fork Phone Appt'd Exp. Date Term Home Phone DateRe-appt 2ndExpDate 2nd Term 11101194 08/31/97 3 Years Robert D. Laird 1765 Courtyard Way, 205-C Naples, FL 34112 District: 1 Category: At-Large Sharon M. Hanlon 4555 Shearwater Naples, FL 34119 District: 5 Category: At-Large Fay g.. Biles 1588 Heights Court Marco Island, FL 34145 District: 1 Category: Commission District P,.hona E. Saundcr~ 3770 Parkvicw Way Naples, FL 34103 District: 4 Category: Commission District 793-0933 7744333 06/20195 08/31/97 2 Years '09/17/96 08/31/99 3 Years 394-3089 01/04/94 08/31/95 5 Years 4344230 6/20/95 08/31/98 3 Years This 11 member commit'tee was created by Ord. No. 80-80 to advise the Board of County Commissioners on all aspecLS of emergency medical services in Collier County, including the operational budget, level of service and equipment. This committee also reviews complaints and problems and recommends corrective action. Terms are 3 years. Staff: Diane Flagg. Emergency Medical Services Director. 774.8459 L Monday, Junto 2.1, 19~7 AGENDA.., ~lT~M No. /~/ _ SEP 2 3 I,g97 pg._ 3 _ MEMORANDUM TO: FROM; Sue Filson, Administrator Assistant Board of County Commissi°nlr Diane B. Flagg, Chief [{\! Emergency Services Department DATE: REF: September 5, 1997 Emergency Medical Services Advisory Council Your continued assistance and cooperation in identifying Emergency Services Advisory Council candidates for the Boards' consideration is greatly appreciated. Advisory Council met this week and The Emergency Medical Services recommended these candidates for the Council vacancies. It is my understanding that Mr. Mike Davis resubmitted his resume for consideration. The EMS Advisory Council recommended he be re-appointed as the representative for District #3. The EMS Advisory Board also recommended that Mr. Robert Laird be re- appointed to the Council. Mr. Robert Laird serves as the Chairman of the EMS Advisory Council. The final recommendation by the Advisory Council for appointment by the Board, was for Mr. George Leamon. Mr. Leamon expressed his interest in serving the Council due to his interest in EMS sen/ices. If ] may offer any additional information, please do not hesitate to contact my office. Thanks again for your continued expertise. SEP 2 3 1997 DATE: TO: FROM: August 11, 199? Vinell Hills, Elections Office Sue Filson, Administrati.ve.Assist~.~f_J' ' Board of County Comm~ssmners RE: Voter Registration - Advisory Board Appointments The Board of County. Commissioners will soon consider the following individuals for appointment to one of the county's advisory committees. Please let me know if those listed below are registered voters in Collier County. Also, please list the commission district in wkich each applicant resides. EM RGENCY M DIC ERVIC ADV 0 ~ I ~QI-~~[S-~DISTPdCT- t 1260 39th Street, S.W. 5q"/[ /~ Naples, FL 34117 -' .; 7'?- 6322 Taylor Road 3:)1' :~ ' Naples, FL Jo~ Read, Jr. 3315 Rosi~a Co~ Naples, FL 34112 5/.:5 George T. Lemon 7024 Trail Boulevard ~'~'~'- Naples, FL 34108 Thank you for your help. AI~£NDA ~E'lq No. ?~ . SEP 2:3 Bg? pg. 5 ~' 94l 643 2499 SIGNCP, AFT Michael A. Davis Gl20 18TH Ave. SW Naples. Florida 33999 Office: 643-1777 Fax : 642-2499 Home : 455-2818 DOB: 2-10-47 County Resident since August. 1974 Registered Voter JMRC021047 Vice-President and General Manager of SignCraft, Inc. since April 1, 1986. A company employing 12 people and in continuous operation since 1977. I am responsible for all phases of operations, marketing and financial plenning. ~ ~05 IT~O~ Owner, Swampman's Tire & Wheel stores in Collier and Lee counties from 1977-1985. Responsible for two store automotive repair and accessory wholesale and retail operation. Collier County Planning Commission - Chairman 1994 & Currently Naples East Rotary Club. Past President. Hospice of Naples - Social Activities Volunteer for 7 years. Naples Daily News - Member of Golden Gate Advisory Committee Swamp Buggy, Inc., President 1989-1990. Naples Informed parents - Member, Red Ribbon Committee St. Elizabeth Scion Church Festival - Member of Festival Committee for 12 years. Lely High School Vocational A~visory Committee - Member 1989-1990 Boy Scouts of America - Counmittee Chairman Troop 225. East Naples Civic Association. Golden Gate Chamber of Commerce. Golden Gate istates Civic Association. Collier County Environnental Protection Technical Advisory Board- Past Chairnan Keep Collier Beautiful, Inc. - Chairman Rotary International District 6{60 - Chairman Group Study Exchange Program Collier County Emergency Medical Services Advisory Board - Vice-Chairman Collier County Landfill Operations Citizens Council AGEN~IpTZ~N No._~ SE? 2 3 1997 0~/25/g7 ~: 16 ~ 941 643 2499 SIGNCRAFT .. ~ P~3 Page 2 National Electric Sign Association, Member Collier Building Industry AssOciation, Build PAC, Chairman 1996 Collier Building Industry Association, Governmental Affairs Committee 1970-1974. Ohio State University- Compl ted three yearl of n lndustr undergraduate studies and majored ~ iai Technology. ~.].~RY SERVICE US Coast Guard, M&rch 1966 - December 1969. Honorable Discharge - E6 (Storekeeper First Class) Awards - Good Conduct Medal Vietnam Campaign Ribbon Unit Citation for Sea ~e$cue Married since December, 1972 Two children age 17 and 19 to Patricia Shullo Davis AGENDA S EP 2 3 Pg' 7 DATE: TO: FROM: July 21, 1997 ¥inell Hills, Elections Office ~/~ , Sue Filson, Administrative Assistan,~. Board of County Commissioners RE: Voter Registration - Advisory Board Appointments The Board of County Commissioners will soon consider the following individuals for appointment to one of the county's advisory committees. Please let me know if those listed below are registered voters in Collier County. Also, please list the commission district in which each applicant resides. .¢._Q~hi]SSIQN DISTR~ Robert D. Laird 1'/65 Courtyard Way, #205C ~ Naples, FL 34112 Thank you for your help. SEP Z3 B97 ~t~MORANI)UM DATE: TO: FROM: July 2 l, 1997 Diane Flagg, Emergency Medical Serv~D~irector Sue Filson, Administrative Assistany,..J , ' Board of County Commissioners E~MERQI~NCY MEDjC~AL SERVICES AI)VISORY COMMITTEF~ As you 'know, we currently have 3 vacancies on the above-referenced advisory committee. A press release was issued requesting citizens interested in serving on this committee to submit a resume for consideration. I have attached the resumes received for your review as follows: Robert D. Laird 1765 Courtyard Way, #205C Naples, FL 34112 Please let me know, in v,riting, the recommendation of the advisory committee for appointment and I will prepare an executive summary for the Board's consideration. Please categorize the applicants in areas of expertise. If you have any questions, please call me at 774-8097. Thank you for your attention to this manet. SF Attachmenm SEP 2 3 t997 Pg- 7 -- ROBERT D. LAIRD 17B5 Courtyard Wa,/#?.05-C. ~ngs Lake Naples, Florida 34112 July 10, 1997 Ms. Sue Filson, Administrative Assistant Board of County Commissioners 3301 East Tamiami Trail Naples, FL 34112-4977 RE: Emergency Medical Services Advisory Council Dear Ms. Filson: I apologize for the delay in responding to your letter dated June 20, 1997, but I was out of town for several weeks. I appreciate your kind comments regarding my service on the Emergency Medical Services Council. I am currently serving as Chairman of this Board and I would like to be considered for reappointment. I have enclosed an updated resume as requested. Please call me should you have any questions or need further information. Sincerely, RDL/dk Enc. .o._/0 SEP 2 3 1997 Pg o/__~..~- ROBERT D. LAIRD 1765 Courtyard Way ~r205-C, Kings Lake Naples. Florida 34112 Ph. 941/793-0933 PERSONAL I have owned property at the above address for nineteen years and have been a resident of Naples for twelve years. OCCUPATION/EMPLOYMENT I have held a Flodda Real Estate license for the past eleven years. I have handled project and development work as well as general real estate in Collier county. At the present time, I am a Realtor with Kersey-Quade Realtors; telephone 941/262-7533. I was previously associated with Andrea Deane and Associates Realtors. During 1993, 1994 and 1995 I was assigned to the Pelican Bay Development - The Crescent. I was a three million dollar producer each year. I am retired from The Underwriters Adjusting Co./Continental Insurance Company as a Regional Direct, or of Personnel and Training. The home office was located at 1111 East Broad Street, Columbus, Ohio, 43215. I am presently self employed as a part time Massage Therapist, holding Florida license No. MA 0016291. I have taught at The Florida Health Academy, both in Naples and in Bonita Springs. I am also self employed as a part time insurance. Consultant, handling malpractice claims. EDUCATION Graduated from Jackson High School, Jackson, Ohio. Graduated from Ohio University, Athens, Ohio. BS Degree. Attended Ohio State University Law School and Graduate School, Columbus, Ohio. MILITARY SERVICE LT. CDR. United States Naval Reserve. Four years active duty'. Served as CO of Naval Reserve Training Center. No. SEP 23 .oo/! BUSINESSICIVIC ORGANIZATIONS Member State of Florida Construction Industry Licensing Board Member of East NaCes Civic Association Member of Greater Naples Civic Association Member Naples Chamber of Commerce Member Collier county EMS Citizens Advisory Committee Member of Board Tiger Bay Association Member Collier County Productivity Committee Member Collier County Sheriff's Citizens Commission Member Citizen Advisory Committee for Collier County Drill Academy Member of Sunset Rotary Club Member Lely Presbyterian Church Member Collier County 100 Club Member Collier County Forum Club Member Naples Area Board of Realtors (eleven years) Member Professional Standards Committee (three years) Member Grievance Committee (three years) Member Education Committee (two years) Taught Success Series (two years) President Courtyard Condominium Association Vice President Kings Lake Home Owners Association Literac Votunteers Association (LVA) (five years) Member Man_ToY.Man: Prison visitation and counseling (,five years) Member Member insurance Companies Education Directors Association Member American Society for Training Directors Member Citizens Advisory Committee for Collier County Growth Management Plan FRATERNAL ORGANIZATIONS Member all Masonic Bodies and Aladdin Shdne, Columbus. Ohio and Naples, Florida Member American Legion and 40 & 8, Naples, Flodda Member Elks Club of Naples, Florida FORMER BUSINESS/GOVERNMENT ORGANIZATIONS IN OHIO Former Member (Public Member) Ohio State Chiropractic Board (ten years) Former Member Ohio Governor James Rhodes Highway Traffic Safety Commission P. cC~e~ D, L~i~l .o._/¢ SEP 2 3 1997 DATE: TO: FROM: August I 1, 1997 Diane Flagg, Emergency Medical Servi~i,rector Sue Filson, Administrative Assistm'rt'-~/~ Board of County Commissioners ,~J' Emergency Medical Services Advisory' Council As you know, we currently have vacancies on the above-referenced advisory committee. A press release was issued requesting citizens interested in serving on this committee to submit a resume for consideration. I have attached the resumes received for your review as follows: Daniel Malinowski 1260 39th Street, S.W. Naples, FL 34117 Ed Maguirre 6322 Taylor Road Naples, FL 34109 John Read, Jr. 3315 Rosinka Court Naples, FL 34112 George T. Lcarnon 7024 Trail Boulevard Naples, FL 34108 Please let me 'know, in writing, the recommendation of the advisory committee for appointment and I will prepare an executive summary for the Board's consideration. Please categorize the applicants in areas of expertise. If you have any questions, please call me at 774-8097. Thank you for your attention to this matter. SF Attachments AGENDA No. I0 SEP 2 3 1~97 ~t/15/1955 22:5t 9~t2624825 CASH SITE DEVELOPMENT INC. 1260 39th Stz'e~ S.W. N~pte~ ~ 34117 94.1-34,8-14:25 7 August 1997 Admlnl~cr&tlve Asolst~nt Bom-d o~ Cotmty Comml~stoflers 3301 E~t T~mi~mt Trail Naple~ Florid~ 34112 Dear [ Elxt~-~ ,~'~ Graduated from Lely High School in I981 Attended St Pctersi)urg lunlor College and Empl~d ~ ~e Q~ of Napl~ F~e ~p~t ~ 1981 S~ ~r~ E.M.T. ~n and o~a~ my sl~ ~opm~c ~ess f~ lO y~rs I ~ worked in thc He. Id and I feel cotdd Frovld~ sora~ v~lu~blc knowledg~ and Input to this community and committee~ D~{~I M~llno~ki AGENDA [NC) o /_/'~ . SEP 2 3 1997 P~- / ~..__ ~8/07/1~97 12:]1 9415~77082 ~ ~S P/~,GE 82 Nor :h Fire Con .=.ol & (941) 597-3222 F= (941) ,5~7.?0~ Disi:rict~ ~ .( August 7, 1997 Boaxd of Collier County Commir, zioner~ Arm: Sue Fil~on, Administrative Assistant 3301 Tuniuni Trail E. Building F Naples, FL 34112 Dew Ms. Filson: I would like to express my interest in serving on the Emergency Medk~l ,,nd hope lh~t my background :,nd ~ssoci~ttion with the independent fxr~ di~fi~ would be or,tome benefit. enclosed a brief resume for your review. Thank you for your consideration. Sincerely, Nomt~ Napl~ Fire Control & Re~cue District Bored of I:ire Commissionen ' Bo~'d of Colli~ Goun~ No. SEP 2 3 1997 88/07/1997 12:31 9~15977882 KG I',hN:~9 ¢~ 83 ED T. MAGUIRE 6322 T~.),~r Aa~l, Nap~. FL 3~I09 941 591.8818 OB/E~VE to ~ncfit ~c ddz~s o~ ~111~ ~. ~n brld~ ~e c~l~d~ gap more open co~loUon ~ Ra~r P.~id~ 19~5.1P88 ~n~. 1994-Pr~t BOi~ O~ F~ ~:ss~o~ O~ AGEN~A~ No. /6/.. SEP 23 E97 .2. / (' SEP 2 3 1.~ -- pg.~ 340 Tamiami Trail Por~ Charlotte. FL. 33953 5137 Ca.stcllo Drive. Suite 2 Naples. FL 33940 (941) 263-7002 August 1, 1997 Ms. Sue Filson, Admirfistrative Assistant Board of County Commissioners 3301 East Tamia. mi Trail Naples, FL 34112-4977 Re: Emergency Medical Ser'~Aces Advisory Coundl Dear Ms. Filson: [ wot. ld like to be considered for appointmem to the Emerg~:y !Aedir. ai Ser,6c.e~ Advisory Council as the at-large member. I have lived in Naples for 27 ),ears, coming from up-state New York. For the last 19 years I have been in the insurance business, Green - Leamon &: Associates and O~vR~ Financial Services. My wife has been with Cotlier County Schools, teaching kindergarten for 27 years. We have no children and ~ive in the Pine ~dge area in Naples. Please call me should you have any questions or need further infon-nation. Sincerely, George T. en l. AGENg~ ~EM No._/~7 SEP 2 3 1.q 7 APPOINTMENT OF MEMBER(S) TO GOLDEN GATE ESTATES LAND TRUST COMMITTEE OBJECTIVE: To appoint/re-appoint I member to a 4 year term, expiring on October 13,200i, on the Golden Gate Estates Land Trust Comrninee. CONSIDF~R, ATIONS: This 5 member commiuee serves in an advisory capacity to the Board of County Commissioners for the purpose of carrying out the requirements, conditions and various provisions of an Agreement relating to the use of land, or funds derived from the sale of land, I conveyed to the County by Avatar Properties Inc..(f/k/a GAC Properties Inc.). Applicants must reside within the subdivision known as "Golden Gate Estates." Member selection may depend upon location of residence within specific areas (phases) of the Estates. Terms are 4 years. A list of the current membership is included in the backup. The Golden Gate Estates Land Trust Committee has 1 term expiring on October 13, 1999. A press release was issued ,'md resumes were received from the following 2 interested citizens: APPLICANT DISTRICT .E LE ~___Q.~ Lillian J:an Jourdan (re-appt.) 3 yes Kaxen M. Acquard 5 )'es .C_.OMMITTEE RECOMMENDATION: Lillian Jean Jourdan for re-appointment. F'ISCALI~.IPACT: NONE GROWTH MANAGEMENT IM[PAC'I~: NONE RECObI3,~[NDATION: That the Board of County Commissioners consider the recommendation for appointment and appoint I member to grve a 4 year term, expiring on October 13, 2001, on the Golden Gate Estates Land Trust Commi,"tee; and direct the County Attorney to prepare a resolution confirming the appointments. Prepared By: Sue Filson, Administrative Assistant Board of County Commissioners Agenda Date: September 23, 1997 AGEND& ~;EH No. / g/g_) SEP 2 3 1587 P~o / TO: FROM: SUBJECT: DATE: iNTEROFFICE MEMORANDUM SUE FILSON ADMINISTRATIVE ASSISTANT BOARD OF ~OUN"FY COMMISSI~ SANDRA TAYLOR, DIRECTOR~.~:=;::~ REAL PROPERTY MANA~E.~.~.~BE,PARTMENT GOLDEN GATE ESTATES LAND TRUST COMMIWEE VACANT POSITION AUGUST 26, 1997 The Golden Gate Estates Land Trust Committee Members, at their August 25, 1997 meeting, unanimously recommended the reappointment of Mrs. Lillian (Jeanne) Jourdan as a member of the Committee based upon her experience (property/land information) and her past performance as an active member. Both applicants, Ms. Karen Acquard and Ms. Lillian Jourdan were present at the meeting. Please proceed to present the Committee's recommendation to the Board of County Commissioners at your eadiest convenience. Also, during the meeting, Ms. Joann Sandy submitted her resignation as a member of the Golden Gate Estates Land Trust Committee due to moving her residence from the Estates area. Please proceed to advertise this vacancy as soon as convenient. The next meeting of the Golden Gate Estates Land Trust Committee is scheduled for October 27, 1997. Thank you. Ilo o~ SEP 2 3 1997 Pg. ~ -- Golden Gate Estates Land Trust Committee [Fork Phone A£pt'd Exp. Date Term Home Phone DateRe-appt 2ndF_xpDate 2nd Term 353-4333 05/11/93 I0/13/95 2 Years Matthew F. Hudson 321 13th Street, S.W. Naples, FL 34117 District: 5 Category: Phas~ I Stephen B. Crrceabexg 2780 8th Street, N.W. Naples, FL 34120 District: 5 Category: Phase III · 2731 2nd Street, N.E. o Naples, FL 34120 District: 5 Category: Ph,~se III Lilliaa Jouxdaa 5630 26t~ Avenue, S.W. Naples, FL 34116 District: 5 Category: phase I Charles Purcell VanGelder, I 760 7th Street, $.W. Naples, FL 34117 District: 5 Category: Phzsc I 455-5072 10110195 10/13/99 4 Years 10111194 10/13/98 4 Years 4554204 263-7700 02/09/93 10/13/94 J.54 Years 353-7957 10/11/94 10/13/98 Years 09/17/96 10/13/97 1 Yeax 353-5786 5974774 I0/10/95 10/13/99 353-5713 4 Years This 5 member comrni~ee was created by Ord. No. 87-48, amended by Ord. No. 87-98 and 94- 40 to carry out the requirements, conditions and vahous pcovisiot~ of an Agreemen~ retat~ng to ~e use of tarsi, o~ funds derived from the sale of land, cocwey~d to l~e County by Avatar Propertie~, Inc. (f/d/a GAC Properties, Inc.) Ap~canta rr~st reside ~ the sub<livisk~ kn<~wn as 'Golden Gat~ Estates.' Membem must re~de within 1 of the 5 phase~ within the Golden Gate Estates ama. Terms are 4 ye. am Staff: Sandy Taylor, Real Property Oirectoc 774-8991 SEP 2 3 1.q97 DATE: TO: FROM: August 25, 1997 Vinell Hills, Elections Office tan~, ' t Sue Filson, Administrative Assis Board of County Commissioners RE: Voter Registration - Advisory Board Appointments The Board of County Commissioners will soon consider the following individuals for appointment to one of the county's advisory committees. Please let me know if those listed below are registered voters in Collier County. Also, please list the commission district in which each applicant resides. G.G. ESTATES LAND TR_~ ~0N DISTRICT Karen M. Acquard 441 24th Avenue, N.E. (/~ Naples, FL 34120 Lillian Jean Jourdan 1/~ 5630 26th Avenue, S.W. Naples, FL 34116 Thank you for your help. SEP 2 3 1997 Pg .~ DATE: TO: FROM: August 25, 1997 Sandra Taylor, Real Property Direc~/, Sue Filson, Administrative Assistamz~. Board of County Commissioners Golden Gate Estates Land Trust Comminee As you know, we currently have I vacancy on the above-referenced advisory committee. A press release was issued requesting citizens interested in serving on this comminee to submit a resume for consideration. I have attached the resumes received for your review as follows: Karen M. Acquard 44i 24th Avenue, N.E. Naples, FL 34120 Lillian J,:an Jouxdan 5630 26th Avenue, S.W. Naples, FL 34116 Please let me know, in writing, the recommendation of the advisory committee for appointment and [ will prepare an executive summary for the Board's consideration. Please categorize the applicants in areas of expertise. If you have any questions, please c~l me at 774--8097. Thank you for your attention to tkis matter. SF Attachments No._.Z.K/_.~d.~ SEP 23 B$? 441 24th Avenue NE Naples Florida 34120 August 19, 1997 Collier County Board of Commissioners 3301 Tamiami Trail East Naples, Florida 34112 Dear Commissioners, I am applying for a position on the Golden Gate Estates Land Trust Committee. I have been a resident of Golden Gate Estates for over six years but I've watched Golden Gate and the Estates grow from a gleam in the developer's eye to where it is today. The last few years I have become actively interested in civic affairs of the county, especially the Estates area. One of the latest projects that I worked on with other area citizens was finding a way to bring more Jobs to Golden Gate. This was part of an on-going class project for Learn To Lead, given by the Cooperative Extension Services for the University of Florida. I have twenty two years of business acumen but have been involved with community affairs most of my life. As an adolescent I was a Girl Scout. working on merle badges and curve bar I learned from government leaders. As an adult I have belonged to a number of service organizations, rising O to the rank of presiding officer or board member on some. I am still acquiring knowledge, but through these organizations I am able to use my knowledge and experience for the betterment of my community. Since I live in the Estates I want to see the area thrive with respect to the land and land usage. I am committed to making Golden Gate Estates a first class community · I sincerely request that you consider my application and thus allow me to serve my community, my county and its leaders effectively. Sincerely, Karen M. Acquard SEP 2 3 1997 pg.. RESUME Karen M. Acquard 441 24th Ave. NE Naples, FL 34120 941 455 8318 Born in Buffalo, N.Y. June 24, 1943 Education: High School- Attica Central School, Attica, N.Y. graduated 1961 College- University of Bridgeport, Bridgeport, CN graduated with AS in Dental Hygiene 1963 Married 21 years to Donald Acquard 4 step sons living in NY 1 son and daughter-in-law living in the estates First moved to Naples 1963 Moved to G.G.Estates 1991 Organizations and Committees Past Matron order of the Eastern Star, NY and FL Friends of the Library Member Golden Gate Estates Area Civic Association Board of Directors 1996 - Present Volunteer Auxiliary Big Corkscrew Island Fire Department Board of Directors Volunteer Organization 1996-1997 Member of Commissioner Hancock's Consolidation Committee Member of Commissioner Berry's Citizen Committee AGEI~DA [~.j~ M SEP 2 3 1997 Pg · ..~.._..~ August 18, 1997 Ms. Sue Filson Administrative Assistant Board of County Commissioners Dear Ms. Filson: Enclosed please t-md an updated resume for position on the Golden Gate Estates Land Trust Committee. ! have enjoyed serving on the committee and was recently elected Vice-Chairman. I would very much like to continue my service and representation as a Golden Gate Estates residen:. Thank you for your time and consideration. Respectfully, ~ ,,q / Lillian leah lourdan 5630 26th Ave S.W. Naples, FI. 34116 SEP 2 3 Pg. O~ LILLIAN JEAN JOURDAN 5630 26TH AVE S W NAPLES FL. 34116 · (941)355-5786 DOB. JANUARY 20, 1960 OBJECTIVE CAICEER ADVANCEMENT WITH OPPORTUNITIES FOR PERSONAL AND pROFESSIONAL GROWTH EM PLOYM ENT PRESENT EMPLOYMENT: COLLIER COUNTY GOVER.NMENT HONORABLE ABE SKIN'NEIL PROPERTY APPRAISER LAND APPRAISER II ( JANUARY 1985 TO PRESENT) HIRED IN 1985 AS A DATA ENTRY CLERK PRONIOTED iN 19g? TO LAND APPRAISER I PROMOTED IN 1990 YO LAND APPRAISER II Responsibilities and accomplishments: RESPONSIBLE FOR MAKING DAILY DECISIONS REGAiLDING THE VALUATION OF PROPERTY AND PROBLEM SOLVING JOB ENTAILS HIGH STRESS WHERE DEAD LINES AND ACCURACY ARE ESSENTIAL TO COMPLETE THE ANNUAL TAX ROLL CONSISTING OF MILLIONS OF DOLLARS OF VALUE EACH AND EVERY DAY. ACCURATE COMPUTATION IS ESSENTIAL. DEALING ON A DAILY BASIS WITH ANGRY TAXPAYERS EXERCISING A PROFESSIONAL AND RESPECTFUL ATI'ITU'DE TRAIN NEW DATA _;lqTRY pERSON'NEL SUPERVISE DATA ENTRY pERSONNEL EXERCISE TECffN[C?d., OR FU'NCTIONAI. SI-,PPERVISION OVER LOWER LEVEL AFPRAISERS ASSIST IMPRO'~MENT DEPAR~ APPRAISERS WITH DAILY FUNCTIONS LEAD AND PARTICIPATE IN ~ TAX APPRAISAL OF REAL PROPERTY INCLUDING COLLECTING AND ANALYZING DATA PER.FORM FIELD INVESTIGATIONS, CONDUCT STUDIES AND AUDrI"S; AND PROVIDE PROFESSIONAL, EF'FE~ AND EFFICIENT PUBLIC ASSISTAI'4CF-.- CALCULATE THE SQUARE FOOTAGE & OBTAIN ACREAGE SIZE OF PROPERTY TO ESTABLISH PRELI'MINARY VALUES FOR THE PROPERTY DATA ENTRY, pREPARE SPREAD SHEETS, UTILIZE WORD PERFECT RESEARCH CORRESPONDENCE RESPOND IN WRITING OR BY TELEPHONE GENERAL CONTACT WITH A'I-rORNEYS, JUDGES AND ELECTED OFFICIALS SALES RESEARCH AND DEVELOPMENT OF SALES CHARTS SEP 2 3 19g? pg. INDIVIDUAL AND CLASS ACTIONS SUITS HEAVY PUBLIC RELATIONS PR_EPAKE DEFENSE OF THE APPKAISALS TO BE PRESENTED TO THE VALUE ADJUSTMENT BOARI) HEAPd'NGS. (WHEN TAXPAYERS APPEAL THE VALUE.) INCLUDING RESEARCH OF PAST PERTINENT COURT CASES AND APPRAISAL DEFENSE ACCOUNT TO THE DEPARTMENT OF REVENUE FOR APPRAISAL DECISIONS JUSTIFY APPRAISAL TO TAX PAYER [NTEP~RET LEGAL DESCRIPTIONS AND LOCATE PARCELS ON MAP RECORD AND TRANSFER ALL COLLIER COUNTY SALES INFORMATION ONTO MAPS TITLE SEARCHES TO OBTAIN CHAIN OF TITLE AND PERCENTAGE OF OIL, GAS AND MINERAL RIGHTS OWNED BY APPLICANT ASSIST TAXPAYER AND PERSPECTIVE BLryEI~ IN LOCATING THEIR PROPERTY GIVE SALES INFOI:~MATION OF COMPARABLE PROPERTIES INTERPRET PUD DOCUMENTS AND UPDATE ANY NEW ZONING tLESEARCH LIK~ Al:LEAS AND ADJUST THE VALUES ACCORDING TO THE USE DESIGNATED IN THE PUD DOCLqV~NT CONTACT BLPCERS AND SELLERS TO VERIFY SALES SEND OUT SALES VERJFICATION LETTER ApPR.~,ISE OIL, GAS AND MINERAL RIGHTS FiLE MANUALLY AND BY COMPUTER WORK WqTH THE CLERK OF COURTS AND TAX COLLECTOR'S OFFICE PROCESS AGRICb'L~L EXEMPT PROPERTIES FAMILIAR WITH STATUTES PERTAINING TO HOMESTEAD EXEMPTION CALCULATE ON A DALLY BASlS REQUIRXNG EXCELLENT ,MATH APTITUDE RECEIVE, CHECK AND FIGURE DALLY OFFICE REPORTS OPERATE ALL OFFICE EQUIPMENT (COMPUTERS, TYPE~,TdTER. COPIER. FAX. CALCULATOR, DEED VIEWER, MAPPING PRINTER) PHYSICALLY INSPECT PROPERTY WITHIN COLLIER COUNTY MEASURE BEACH LINrES THAT ARE NOT TYPICAL DiSPECT SEA WALLS FOR DAMAGE USE OF COISN'~' VEHICLE FOR FIELD INSPECTIONS (SAFE DRIVER) LIAISON BETWEEN TAX PAYERS AND OFFICE CURRENT SPECIAL ACTIVITIES OR INTEREST SEPTEMBER 1996 APPOINTED BY THE BOARD OF COUNTY COMMISSIONERS TO SERVE ON TI.~ GOLDEN GATE ESTATES LAND TRUST COMMITTEE. AN ADVISORY COMMITTEE TO THeE BOARD REGARDING EXPENDITURES, MARKETING, ALLOCATION AND DISBURSEIv[ENT OF PROPERTY AND TH]E REVENUE GENERATED FI~OM TH~ SALE OF PROPERTIES GIVEN TO THE COUNTY BY G.A.C. LAND TRUST. ORGAHIZ~TION NAME NAPLES AUCTION GALLERY AUGUST 1983 TO JANUARY 1985 Responsibilities and accomplishments: CREATE WINDOW AND CASE DISPLAYS OF MERCHANDISE INCLUDING BOHEM. HU%4]v[EL, DRESDEN, ORIE'NTAL RUGS. IVORY, REMINGTONS. PAIN ~ ETC. WRITE ADVERTISEMENTS FOR SPECIAL EVENTS PURCHASE MERCHANDISE FROM ESTATES RECEIVE AND ACCOLrNT FOR MULTI-MILLION DOLLAR INVENTOR SEP 2 3 B97 CONT: SALES HOSTESS EVENING AUCTIONS INTERVIEW AND HIRE SITFERS FOR AUCTION ANSWER PHONES TYPING RESPONSIBLE FOR COLLECTION OF MONEY FILING CUSTOMER RELATIONS ORDERED FOOD AND BEVERAGES FOR SPECIAL SALES EVENTS ORGANIZATION NAME: McMILLIONS TAE KWON DO AND NAUTILUS NAPLES, FL (EVENING-PART TiME) 1990-1993 RESPONSIBt LITIES: INSTRUCTED CHILDREN'S ,MARTIAL ARTS CLASS SOLD MEIVLB ERSHIPS INSTRUCTED THE USE OF NAUTILUS EQUIPMENT ORGANIZED FUND RAISING EVENTS ORGANIZED SPECIAL DEMONSTRATIONS EVENTS AT SCHOOLS, FAIRS, FESTIVALS, LOCAL TELEVISION AND MALLS O RGANIZA'f ION NA~IE: SOUTHWEST FLOILIDA PAINTFNG INC. NAPLES, FLOR.IDA RESPONSIBILITIES: PAINTED NEW CONSTRUCTION, HIGH PdSES ON MARCO BEACH. PREPPED, PUDDY, CAULK, SANDED, ENAM. ELED, ROLLED. NLIXED PAINT ORGANIZATION NAME: TROPICAL PAINTING OF S.W. FLA., INC. (OWNED AND OPERATED BY MY FAMILY) NAPLES, FL RF_.SPON$1BILITIES: SUPERVISED JOB SITES PAINTED NEW CONSTRUCTIONS AND REPAINTS INSIDE AND OUTSIDE RESIDENTIAL HOMES ORDER PAINT AND MATERIALS ORGANIZATION NAME: MIAMI HERALD SEP 2 3 1997 RESPONSIBILITIES: TELEPHONE SOLICITATION SUPERVISOR SUPERVISED TELEPHONE SALES PERSONNEL SOLD SUBSCRIPTIONS OPEN AND CLOSED OFFICE / WORKED AFTER HOURS DOCUMENTED ALL SALES AND ISSUED NEW SUBSCRiPTION ORDERS ORGANIZATION NAME: FOOD BANK / MEAT DEPARTMENT ASSISTANT AND DELI ,MANAGER RESPONSIBILITIES: ORDER.ED DELI SUPPLIES SLICE, WEIGH, PACKAGE AND PRICE MEAT, CHEESE AND DELI PRODUCTS ASSISTED MEAT CUTTER PACKAGED , WEIGHED AND DISPLAYED MEAT FN DISPLAY CASE TOOK APART ALI. MACHi'NES CLEANED AND REASSE,~BLED MACHINES ASSISTED ALL CUSTOMERS EDUCATION l.~s'rr'~'-r[o~ N^.'q£ BELMONT HIGH SCHOOL, DAYTON, OHIO I.~STrTCq'IO~ NA.'.t£ STATE OF FLORIDA DEPARTMENT 01: REVENUE t60 HOt,;RS STATE REAL ESTATE COURSES Courses Fundamentals of Mapp{ng Fundamentals of Appraisal Income Approach to Valuation Mass Appraisal of Land Degree, Major ~d Yea.,' C,F.E. DESIGNATION, 1986-1988 INSTITUTION NAME BARRY UNIVERSITY Degree, Major and Year ASSOCIATES-LAW-LEGAL ASSISTANT PROGRAM 1989-1991 Attended full time evenings and Saturdays while working full time. Courxe$: Criminal Law Legal Research Legal Wfitkng Business Associations Bankruptcy Probate Proceedings Civil Litigation Real Estate Law Contracts pg. / ,~,,. ~,s-n'nmoN N^~ ~-- ~,~,u~s ~.o~_;~zo w,u.r..~ voc^~oN,,~ TEcH~c,u- A G E N~D,~ I7~ No.~ SEP 2 3 1997 COURSE: INTRODUCTION TO DOS & COMPUTERS COURSE: WORD pERFECT I,NSTITUTION NAME: EDISON COM~MUN1TY COLLEGE YEAR ATTENDED 1994 INSTITUTION NAME: ED KLOPFER SCHOOLS OF RE. AL ESTATE YEAR ATTENDED 1996 COURSE: REAL ESTATE INSTFTUTXOo NAME: SKILLS ESR/- ARC VIEW YEAR ATTENDED 1997 COURSE: INTRODUCTION TO ARCXqEW SUPERVISOR AED LEADERSHIP SKILLS STRONG PUBLIC RELATIONS STRONG TELEPHONE SKILLS WORD pEILFECT QUATTRO PRO KNO%,~EDGE OF ALL OFFICE EQUIPMENT AI'/D COMPIJ-I'ERS LEGAL RESEARCH INTERPRET LEGAL DESCRIPTIONS AND DOCLrMENI'S KNOWLEDGE OF LOCAL AREA KNOWLEDGE OF LOCAL REAL ESTATE GOOD ORGANIZATIONAL SKILLS LNOWLEDGE OF LOCAL COURT SYSTEM CUSTOMER SERVICE S].LILLS DATA ENTRY FAMILLAK WITH CONTRACTS AND CLOSINGS TITLE SEARCHES AERIAL MACHFNES SALES FAM, ILtAR wITH HEAL/H EQUIPME,N'T AND WUTR/TION MEDIATOR EXCELLEt'iT WVFH CHILDREN LOVE OF PEOPLE AND ABILff'Y TO HANDLE STRE3S INTERESTS VOLLEYBALL. MARTIAL ARTS, WRITING POETRY. WRITING MUSIC. SINGING, DANCING. SKATING PERSONAL REFERENCES JERI~Y I-ILFFF,~ 41 35TIt AVE N E NAPLES, FL 33964 (941) 652-7487 A ~ E N D;z~.T/"'~ No. ,/t_/~ SEP 2 3 1~7 Pg..~.~-~ COHT: IDA ?'75 2~TH ST N W NAPLES. FL 33999 (941) .~5.3604 GILEG YOUNG 49~4 ITTH Pt S W NAPLES. FL 33999 ~o. ~_./_~,~ SEP 2 3 L~? ~?o~ OF MElvmEP-is) iO msiomcg;~m' "Ot~OLO~ICAL PRESERVA .T[._ON BOARD .............. ::: ~.' ':--': .......... ~_.~.~_.~: To appoinffr¢-appoinl 3 members to serve 3 year terms, expirint on Oclober 1, 2000, on the Historical/Archaeological Preservation Board. ~: This 7 m~nber board is v~to:l wi~h the pow~, authority, and jurisdiction to deaignate, regulate, and admini~'r hi~arical, and a.mhaeological resources in Collier County, under the direct jurisdiction and control of the Board of County Commiasioners. Members must comply vdth thc financial disclorm'e laws of the State of Florida. Terms arc 3 year~. A list of the current membership is included in the backup. The te,,Tns for Laura Rupp Burke (Histo~), Lora Jean Young (Citizen-at-Large), and David J. Ddapsa (Architect) expires on October 1, 1997. A press release wa~ issued and resumes were received from the follo~Sng 5 interested citizens: APPLI CA__N~ DlSTRIfi2[ ~O__B. Stephmfie Broekes Bradley (construction Coord) 3 yes Alexander Du.sek (Marketing Executive) I yes Lora Jean Young (citizen-at-l~ge) re-appt, i yes David J. Driapsa (Architect) re-appt. 2 yes Laura Rupp Burke (HistotT) re-appt. 2 yes COM_ MIT'FEE RECO~J~ENDATIr~: David Driapsa Laura Rupp Burke Lora Jean Young .~.I~I~P-~: NONE GROWTit ~MAI,4AGEMENT IMPA(~: NONE RECOMMENDATION_: 'l-fiat the Board of County Commissioners consider the recommendation for appointment; appoint/re-appoint 3 members to serve 3 year terms, expiring on October 1,2000, on the HistoricaVAmhaeological ?reaervation Board; and, direct the County Attorney to prepare a resolution confmming the appointments. Prepared By: Sue Filson, Administrative Assistant Board of County Commissioners Agenda Date: September 23, 1997 NO,__~ l/t ~ SEP 2 3 Pg._ / -- PLANNING SERVICES DEPARTMENT MEMORANDUM TO: FROM: DATE: RE: Sue Fihon, Admini~tive A.~iztznt Board of County Commi~ioner~ Pay Bellow~ ~ Principal Planner S~t~mber 5, 1997 Hi~wric Pr~erv~on Board Vw..~cie~ Pica.se be ndvised that the Chairman ofthe Hiswdc and ~ ~ Board has reviewed the r~uest for consideralion relative ~o tbe vncancies on ll~ above referenced advisory committee. The vacancies r~present ~ cstc~ri~ of ~, Axchitecture./Land~ap¢ Architecture, and Citizen-At-Large. ~ ~te flaat Cl:aimama Gonm. Jez h~ closely reviewed the resumes of si] the ataplicant~ amd ires ~ that Laura Rupp Burke be re-appointed Hi~tory category, David Driasla~ be r~,-~ to the Landscape category, while Lor~ Jean Young be re-appo/med = ~AI-L,~vr- If you have any questions concerning this matter, please do not hes/t~ to com~ my office. cc: Vincent A. Cautero, Administrator Community Dev. & Environmental Svca. Robert Mulhere, Current Planning Manager ~o.~/_~/ '---- SEP 2 3 lg97 pg. c~ HistodcaffArchaeologicai Preservation Board Diam M. Gouzalez 2654 Poinciana Drive Naples, FL 34105 J:~bu-Jee 2 ~ory: Citiazu-At-Large Deborah 3ora:s Cox 325 Bay Forest Drive Naples, FL 34110 Dt~trlct: 2 9629 Cre:,ceut Lak~ Dfive~ 514-12~1 Naples, FL 341'09 3 ~ Thomas W. Franchino 660 8th Street, North Naples, FL 34102 District: 4 C~egory: Real Estate/Land Development Lora Jean Young Box 1823 Marco Island, FL 34146 District: t Category: Citizen-At-Large Da',4d J. Dfi&psa 725 103rd Avenue N. Naptes, FL 34108 District: 2 Category: Arct~tect John W. Tho_mpson 576 Reueat Drive, Apt. 202 Naples, FL 34110 Cat~ory: Archaeology ~ 10/~t/9~, 2 Yeazs ~ I 0r~1/97 /.5 Years 2634357 10/15/96 10/01/99 3 Years 642-5925 591-2321 597-2269 09/27/94 10/01/97 3 Years 09/27/94 10101/97 3 Yea~ 10/15/96 10/01/99 3 Years SEP 2 3 1997 Pg. HiStorical/Archaeological Preservation Board ~m~r ~ ~ ~e~ ~ ~. No. 91-70, s~ ~ ~d s~ ~ LDC O~ ~. 91-102. ~ ~ ~ v~t~ ~ ~ ~, ~' a~ ~n ~ ~, ~ ~r h~ ~ ~ ~ ~ ~r ~un~, M7 ~m ~ ~ ~ & ~ b. ~ ~ Real E~m, ~ ~ ~ d E~. T~ ~ 3 y~. Staff: Ray Be~lovn, Planner, 643-8483 1~96 SEP 2 3 Pg' ? 1997 DATE: August 25, 1997 TO: FROM: Vinell Hills, Elections Office stan~ ' Sue Filson, Administrative A.ssi Board of County Commissioners RE: Voter Registration - Advisory Board Appointments The Board of County Commission~ will ~on cot~d~ th~ following individual~ for appointment to one of rig county*~ ~ committ~. Ple~e let me know if thos~ listod below ~re r~ister~ voters in Collier County. Also, please list the commission diraict in which each ~l~lic~nt re~ides. knSTOKICAiYARCHAEOLOGICAL PKES BD Stepharfie Brookes Bradley Naples, FL 34103 _C~0MMISSION DI STP..ICT Alexander Du~k 1635 Windy Pines Drive, #5 Naples, FL 341 I2 Lora Jean Young 1268 N. Collier Bo~devard Marco Island, FL 34145 ×- D.vid J. Dri.~ 725 103rd Avenue North Naples, FL 34108 Laura Rul~Burkr~ 161 West Avenue Naples, FL 34108 Thank you for your help. NO,__ / ("/' ~ SEP 2 3 1~97 DAT~'.: August 25, 1997 TO: FROM: Ray Bellowz, Project Planner Sue Filson, Administrative A.~i Bo~xt of County Commi~onets RE: Hi~'~orical Archaeological Preserv~on Bo~ As you know, w~ currently have 3 vacancies on the ~ove-r~ferenc.~ ~lvi~ory committee. A press .:lease w~ issued requesting ¢itize~ imerested ia ~ on this committee to ~:.xfit · resume for consider~ion- I have attached the resume~ received fo~ your review ~s fol]ow~: Stephanie Brookes Bradley 2388 14th Str~-t North Naples, FI. 34103 Alexander Dusek 1635 Windy Pines Drive, #5 Naples, FL 34112 I.,om J~an Youag 1268 N. Collier Boulevard Marco Islanc[, FL 34145 David J. Driapsa 725 103rd Avenue North Naples. FL 34108 Laura Rupp Buxke 161 West Avenue Naples, FL 34108 Please let me know, in writing, the r~eommendafion of the ~vi~ry commiu~e for ~:rpo[ntment and I will prepare an executive summary for the Board's consideration. Please categorize the applicants tn areas of expertise. If you bare my que~o~ ple~e call me at 774-8097. Thank you for your attention to this m,~te~. SF SEP 2 3 1~7 Pg-~ 3301 TarrY'ri Tra~ Ea~ 13ulcr~ F I',lap~ Ror~ 3411). Z388 Naples, ~34103 Hornm .~F35-3~.37 C~ce: 79~.9396 No. /~,~ "'-' SEP 2 3 F'g.~ STI~P~ BR~Dt~ EDUCATION ~ ~ Y, eadla. 197~.1976 HO. .~.~"~.g~B-97 iO:4ZA CAJ. USA GAd_LERY 941 417 0690 P. 03 3301 Tami~mi Trail East Nlrple~ Fl.. ~112 1535 Win~ ~ Dr.#S ~41-774-242g No · ._.Z..Z;Z--~,~ SEP 2 3 1997 1268 North Collier Blvd. Marco Island, FL 34145 August 6, 1997 Dear Ms. Fllson, Ebclo~ed Is my upda't'ed reo~e for i'he Board of Counl'y Interested ~n continuing ~o so~e on ~he Advlso~ ~l~ee of the Historical/ Arch~l~lcal Prese~aflon ~rd for another I shall I~k ~o~a'rd to h~rlngT~r~ you a~lrmlng fhls r~ues~. Please forgive fhe p~r typlng: my c~puter has run out of ribbon~ Si ncerely, Lora Jea~ Young b(~ ~OX LORA JEAN YOUNG ~ ~ ~ H ~" ~, 1268 N. Collier Blvd. Marco Island ~ --" gu ! ~-642-5925 Premi~e~ and Founder% Marco Island Chapter, Collier Count~ ~[storical Soc[%~y '--~rewidmn= 1992-1994% Marco Island Branch, ~erican Association of ~ntverai[y Women. Ways and Means Chair 1994 Vice-President: Friendship Force of Sou~hwes~ Florida Program Chair [990-1992% Aluma~e Club of Marco Island Book Award Chair 1992-1994= Wellesley Alumnae Club of Southwes~ Florida Board Hember 1994-~&: Marco Island Taxpayers Assoc. Cbs[ham, CaBe Cod: Founder and Chair: Cape Cod Bikeway Co~ission Chatham, Cape Cod: Elected member Planning Commission Board Member, Cape Cod Home Care for the Elderly President: 1978-80: Wellesley Alumnae Assoc. Cape Cod Board Member, United Fund of Bergen County, N.J. President: Wellesley Al~nae Assoc., Northern N. J. President: Federated P.T.A. Ridgewood, N.J.-9 schools Founder and Board Member: Assoc. for the United Nations State Board Member: N. J. League of Women Voters Founder, 1st President: D~ont League of Women Voters Founder, Vice President: Waldwick Highlands Assoc. Chair: ~C Lincoln Center Fund, Northern N.J. Chair: Ridgewood N.J. Library Building Fund ~E~P 2 3 1997 P.02 ALEXANDER DUSEK ~ V,flcy. PA {94~ (215) ~42.Lt95 1991 - 199~ WCAU-T'V, p,,bd,,q, hh. ~'A EDUCATION MILIT,~RY SEP 2 3 1997 Education: Walleslsy College, B.A. ~airleigh Dickinson ~University, M. A. cum laude Princeton University, Constitutional Law; Columbia University, Advanced Economics; N~w York University, Public Administration. Enthusiastic Elderhosteler Publications: "A Bridge To Friendships" Edited Marco Island AAUW Gourmet Cookbook 1991, scholarship fundraiser netted $20,000 Financial Study of Millburn, N.J." 'Dumont: Its History and Government" Current Affiliations: MENSA, American Assoc. of University Women, Friendship Force of Southwest Florida, Marco Island Alumnae Club, Marco Island Taxpayers Assoc., Marco Island Civic Assoc., Marco Island Beach Assoc., Hideaway Beach Club, Wellesley Club of Naples, Conservancy, Naples Duplicate Bridge Club, Naples Council on World Affairs, Friends of the Library of Collier County, Friends of Seminole Park, Southwest Florida Archeological Society, St. Marks Church, etc. AND, of course, Marco Island Chapter, CCHS Professional BacKground: Teacher of history: Ridgewood High School and Kimberley Edited Monthly Newsletter on municipal government and taxation: Government Research Association, N.Y.C. Ho ..~ SEP 2 3 'C,,q97 David J. Driapsa LInd$cape Architect Sue Fllson. Administrative Assistant Board o~ County Comfnissionmr$ 3301 East Tamiami Trail Naples, Florida 34112-4977 August 2, 1997 RE: Historical/Archaeological Preservation Board Dear Ms. Pilson: I would like to be reappointed to another term on thm Colliar County Historical/Archaeological Preservation Board in the architect category. I am enclosing my updated resume with this letter o~ interest. Thank you ~or this opportunity to serve my community. Vet7 truly yours, David Z. Driapsa (94 ! ) 591-232 i 725 - 103rd Avenue North Nnplcs. F~ofida 34108-3222 Fiot4da Registration #LA0001185 AGENDA $£P 2 3 David J. Driapsa Landscape Architect RESUME ~2MPLOYMENT ~ro~essional Landscap~ Archite~% David J. Driapaa Landscape Architect Naples, Florida School of Renawabla Natural Resourcas University of Arizona Tucson, Arizona Landscape Architect Westinghouse Electric Corporation Wes:inghouse Communities of Naples, Inc. Naples, Florida EDUCATION ~_~s%er of_~andscape Architectur~ University of Arizona, Tucson ~ch~o~ o~ s¢ien¢~ in L~dscape Architecture able State University, Columbus MEMBERSHIP American $oc=et¥ of Landscape Architects Washington, D.C. APPOINTMENT ~_o~ier ColDlY Historical/Archa~olooical Preservation Board Naples, Florida AG[NDA ITEM No ._~_~-~ SEP 2 3 1997 i LAURA RUPP BURKE 161 West Avenue Naples, Florida 34108 (941) $14-4331 August 18, 199'7 Ms. Sue Filson ^dministradvc Assistant to thc County Co~i~sion 3301 U.S. 41 ~ Naplcs, FL. 33962 De. ar Ms. Filson: In response to your letter, I am expressing interest in continuing to serve as a member of the Collier County Historical and Archaeological Board under the 'history" designation. I am attaching an upda~l resume for your use. Thank you for your consideration. Sincerely, Laura Rupp Burk~ ~o.~ SEP 2 3 Corner University, M.A. Placing, 1986 Thesis: 'Tra~fer of Development Right~ Program for W~shington, D.C. Honors: Professional lv~ter's Sch~la~hip, 1985-1986 University of Virginia, B.A. With Distinction, 1984 Thesb: 'Community Developmem in Wilmington, Vh-ginia' Honors: Dean's List, 1982-1984 Dupom Scholarship, 1982-1984 DEPUTY DIRECTOR Office of Lakefront Development City of Syracuse, New York November 1998 - J~.nu~.ry 1994 Pla,ming ~'~d design manager for the Syracuse Lakeffout projecx, with responsibilities for comprehensive placing, project management, and design c. oordLt~ation for the following: Franklin Square Redevelopment As project manager for the City of Syracuse, worked with prLma~ developer and adjacent property owners on developing ~ implementing Urban Renewal Plan for a mixed- use residential/commercial/industrial neighborhood. Point-person for all city agencies on infrastructure construction; tracking regulator~ compliance, change or~r approvals, and maintenance. Acted as City Hall liaison to over twenty neighborhood businesses. Franklin Square Design Review Board Coo~iz~ted plan review for eighty-~cre neighborhood in accordance with Urban Re~wal Plan. Worked with ~rchitects a.,xl lan~czpe architects on prrpazation and submittal of plags and ~ D~ign Review Board meetiggs. Syracuse Harbor, Phase I Development ~ d~velopment strategy for first pl~se of public waterfront project. Oversaw program design, supervbion of ~zchitecture ~ad engimering team, state ~gency review and approvals, consu'ucfion schedule, project budget, and grant administration. Prepared publications and special events to support project. - AGE~D~ ~.~£M No. Z_Zv/__s--~ Page 1 of 3 SE? 2 3 t9~7 Syracuse Harbor, Phase I1 Developmeni As projcci manager, coordin~u:d producxion of · ~ive plan for park and r~reafioval spac.~ on 3~ acr~ of su~-owmd carol land. D~ archi~cmral and en~g com-ulram ~,m in prrparafion of v~rious reports and studies ~o produ~ ~ plan, moniwr~d con.,ulrani conwacts, moniwred project budget, am/supervised payment groundbreakings, the HarborVhions design chaneme, and the 'SplAsh BAsh: Rock With Your Lobsl~r' scafood festival. DIRECTOR OF SPECIAL PROJECTS D.C. Dowl~tow~ Partmership Washington, D.C. ~u~y 1986 -November 19~ Proj~'~ mamier r~'pons~l¢ for do¢lopi~ ami impl~,=x/zg hmi u.~ programs ~o encourage imlusion of ~ns. retail, residcmfial, ami hiswric prrmrvario~ ~ in ~e m~difio~d cenmal busings district of Washingwn. D.C.. Served as Project Dirccwr for rJ~e 'Projec~ to Prc~rvc HLytofic BuLldings Downtown;' adn~ttriog L,r~tr~ fl'o~ slx ~ soul:cs. Duties Lucluded retention of design team, provision of day-w-day consultant dLrectiou, community prt~entatio~, and coordimtio~ of Steer/ng Committee r~rpome with com-ultam promoti¢,,nal events in support of downtown revitalization. RESEARCH ASSOCIATE International DownWwn A.ssodstion W~hing+,on, D,C, 1986 Liaison to membership for information on policies and programs in urban revitalization. Accomplishments included member briefing papers on initiatives to aid ,..be homel~ss, zonin~ policies, centralized retail managemem, and tax r~form amendax-nts. ARCHITECTURAL HISTORIAN Historic American Buildings Surrey National Park Service Wnshln.~on, D.C. May 1~5 - November 1985 Developed management information system for architectural collection. 14o · ..L./.~ SE? 2 3 I.q 7 ~PPOINTMENT OF MEMBER(S) TO , . ... ..... . . ~ ...... °. ....... :: ..... ~.,~: To appoint I member to serve a 4 year term, expLring on September 30, 2001, on the Envirmtmcmtal Policy Technical Advisory Board. !~I2[L~.~: This 11 member committee advises and assists the county in the development and implementation of the County Environmental Resources Management Program. Members shall demonstrate evideoce of expertise in one or more of the following areas related to environmental protection and natural resources management: Air Quality, Biology (including any of the sub-disciplines such ss botany, ecology, zoology, elc,), Coastal Processes, Esmahne processes, Hazardous Wa.sle, Hydrogeology, Hydrology, Hydraulics, Land Use Law, Land Use Planning, Pollmion Control, Solid Waste, Stonnw~ter Management, Water Resources, Wildlife Management, or other repre~emative areas deemed appropriate by the Board such as, but not limited to, a representative of the development community. Terms are 4 years. A list of the current membership is included in the backup. The term for Michael A. McGee will expire on September 30, 199 7. A press release was issue~ and ms'ames were received from the following 2 interested citizens: Brenda Dejong (Pollution Control) Maureen McCarthy (Ecology) 3 yes 2 yes Maureen McCarthy ~: NONE ~ ~ ~ ~{ t~ I1~~ ~: NONE ]~~t~&TI-Q~: That the Board of County Commi~ioners comider the recommendation for appointment Md appoint 1 member to serve · 4 y~u' term, expiring on September 30, 2001, and direct the County Attorney to prepare a resolution confirm~.g the appointments. Prepared By: Sue Filson, Administrative Assistant Board of County Commissioners Agenda Date: September 23, 1997 SEP 2 3 1997 Pg. NATUKAL P,.ESOURCES DEPAR~v~f MEMORANDUM TO: F~OM: DATE: 1~: September 9, 1997 EPTAB Membership Reco~tion On September $, 1997, EPTAB considered the r~sumea ofBreada Dejong and Maurecn McCarthy ar, d voted unanimously to recommend Maure~n McCarthy to fill tl~ polition vacated by Michael McGee. Attached is a ~ummary ofexpertlse for each candidate. Note that Mrs. McCarthy [~s been involved in the mangrove r~toration issue in Pelican Bay. The ar~ of exl:x~ise that beat addresses Mrs. McC_.~cI~'s activities is ecology. WDL/grnm cc: EPTAB File NO o,~~_~ SEP 2 3 1897 Pg. EPTAB Applicants MEMBERSHIP AREAS OF EXPERTISE SECTION 54-28 COUNTY CODE NAME: PAST EXPERIENCE AIR QUALITY BOTANY ~OASTAL PROCESS ECOLOGY ~'~TUARINE PROCESS HAZARDOUS WASTE '~"D ROGEOLOGY HYDROLOGY HYDRAULICS POLLUTION CONTROL ~OLID WASTE ,RMWATER !SOURCES WILDLIFE _MANAGEMENT ZOOLOGY LAND-USE LAW LAND-USE PLANNING DEJONG X MCCARTHY* *No demonstrated area of technical expertise shown or NO.JL/ ~ SEP 2 3 EI97 pg.__~ -- ¸'0 Environmental Policy Technical Advisory Board Bradley Comell 556 109th Avenue North 5~2-7805 Naples, FL 34108 D~'/c~: 2 Ca~goO,: Solid Waste Steven H. B[g¢low 458-0~2 1937 Empre~ Cotn't Naples, FL 34110 Di~rrfc~: 2 Category: So~id Wa.~e, Pollution Conu'ol, etc Michael $. DeL~t~ 2~2-48~7 3700 271h AYenue, S.~. 455-531~ Naples, FL 34117 District: ~ ¢,,t~£ory: Hydrology/HYd:au~'~cs & Stormwat~r Michel A. McGee 263-0486 02/07/95 l 155 Morni~gsidc Dr[ve 261..6502 Naples, FL 34103 District: 4 Category: Botany Monty D. Robinson 793-1427 130 Cricket Lake Drive Naples, FL 34112 C~tego,7: Hydraulics/polludon/stormwater Brenda C. Fogel 2~2.88o0 1019 Broad Avenue, North 403-O412 Naples, FL 34102 Michazl Simo~ik ~%.9736 1821 Richards Stx~et N~ie~, FL 34120 ¢~'oO'-' Biology Z~dtt-~opt 2ad, Ex~D~t~ 2nd Ttrm 01110195 09/30/98 4 Years 05/06/97 09/30/98 I Year 09105/95 09130198 3 Years 09/30/97 2 Ycaz~ 01106197 09/30100 4 Years 05/06/97 09/30/97 4 Mo. 5/6/97 09130/01 4 Years 11/05/96 09/30/00 4 Years ""'" AG E Np.~ Z~H SEP 2 3 E}97 Pg -~ Environmental Policy Technical Advisory Board W,~rk Phone Aplrt'd Exix Date Term Name Hon~ Phone Da~lte-appt 2ntlE.~pDate 2nd Term Allca Morgan K.,atz 175 .%-n~brcczr Av~ue Naples, FL 34108 D~: 2 Catego~: p~y~ience J~ M. 232 Pebble ~h C~cle, Naples, FL 341 D~: C~ego~: ~lid W~~ W~ 1898 ~ion ~ve Naples, FL 341~ D~a: 2 Catego~: Poll~on Con~l B~n L M~c 1~03 Cobia Co~ Napl~, FL 341~ D~: 4 Catego~: A~ B~ M~t. 521-7722 10/10/95 09/30/99 4 Years 793-7997 05/06/97 09/30/99 2 Years 793-6828 592-7124 02/04.n)7 09/30/00 4 Years 403-7339 05106/97 09130197 4 Mo. 516197 09/3 0/01 4 Year,s Thia 11 member ~ wma craated on 03/12/~1 b/Ord. No. 91-2~ (amended on 06/18/91 by Ord. No. 91-48) to edvi~e and a~t in fha dev~lo{:a'nent of environmental conservation and protection prograrna, o~dinanc~a and Ix)liOn,. Teffna ara 4 Staff: W~aam D. ~ Jr., Environmental Services Dir. 732-2505 Wednt~la~. M~O' 14, SEP 2 3 1997 PO- ~ DATE: August 25, 1997 TO: FROM: Vinell Hill~, Elections Office gantt. ' Sue Filson, Administrative As.si Board of County Commissioners RE: Voter Regisi~afion - Advisory Board Appointme~Ats The Board of County Commir,~a~ will soon consider the following individuals for appointmem lo om of the coumy's sdvisory commim~. Pi~ le~ m~ know ffthose listed below ~r~ ~ voters in Collier County. Also, please list the commission dislxict in which each ~pplicam resides. ~ COMM2SSION DISTRICT Brenda Dejong 5195 loth Avenue, S.W. ~ Naples, FL 34116 Maureen McCarthy 6075 Pelica~ Bay Blvd., #501 Naples, FL 34108 Thank you for youx help. SEP 2 3 1~7 DATE: TO: FROM: August 25, 1997 William D. Lorenz, Jr., Environmen_~,c~ Su~ Filsou, Adminisu'~ve Asststa~; ' Board of Couu~/Couuuissiouen '-' Environmental Policy T~clmic~l Advi~ry Bom'd D~ctor you know, '~ curr~tly h~ve 1 v~.ancy on ll~ ~n~.r~fenmced ~ committee. A ~ r~le~e w~ ~ ~ ci~ ~ in ~ on tl~ ~ to submit a rt'~nn¢ for con.~ider~on. I I~ve ~tmct~l the re~ume~ received for your r~iew *- follows: 5195 10th Avenue, S.W. Naples, FL 34116 Maurt tm McCarthy 6075 Pelican Bay Blvd., #501 Naples, FL 34108 Please let me know, in writing, the recommendation of thc ~tvi~ory committee for appoinlment and I will prepare an executive sumnmry for the Board's consideration. Please categorize the applicants in mress of expertise. If you have any question$, please call me at 774-8097. Thar& you for your attention to this matter. SF Attachments AGE~U3A .o./_.0 SEP 23 mi P~- 7 BRENDA DF.,JONG 1991 $195 10~h .A.v~e ~ N~ies, FL 34116 (941) 352-8969 I~'A ~ Le~d Al~t~aeut Coatract4~ E.kA Certif'~d Enviroumeu~ hupec~r CR C050177 BI( O61O455 R1637 LRA-173 EPA S 1047 13802 13~02 0~. 1966 to lrerpmmem > 10 SEP 23 Brenda De,long Formal 1995-9~ 19[1-13 19TT-TB ~ Vo-Tec, Fo~t Myar~ FL Dave B~n~r ~ of Cemtruct~a 1KhnU-D~ c~. ~ FL 72 Hr Brok~s ~ EPA Wmuzn ~ ~ Tp~i,~.* C_,~?_ .~pwviaws and ~ ~4~56&2483 'me Dorchestm'- Apt. SO1 60'75 l'dlc~ B~ BotJe, w'd Nxplez, lr~or4d~ ~4LOS ~) SS8-3~7 94~5~2~83 PAGE: 8'2 Rc~ult~-odcracd cx~-uffvc with ~ ~k m~k~in~ ~ ~u~ d~do~t. ~t~ ~ who ~lds ~ong t~ to ~mpli~ 8o~. Apdt ~ - ~a~d~ ~ Sh~, ~d. Ju~ 1~5 V~ ~M~t - ~ and gmther Full r~po~i~ R~p~n ~ ~ f~ ~th~ w~ ~ i~ · 65% ~ ~ ~ ~' . ~ ~ ~v~ ~ ~ P~ CONSUL~G~~ ~NAG~ ~E~: 19~8To . ~ ~ Ban~ ~ ~ to ~e ~ 25~ ~ o~ of thc S~di~ Do~ Co~, · ~t ~o~ ~ in ~o~ ml~ions NC) o~ SEP 2 3 1~7 Pg ..._././~ 18:44 9~5~2d83 -2- PRXOR r.~O'LOYMI~"f Ii,STORY: 1988 Clu~ale~ hub., New York Vk~ P~sM~at sod M~kct ~u~ . ~ ~c~ ~~ml.~ m 2'9 ~ ~ ~' . ~ ~on of A~ t~l~ ~o ~ ~, ~ k .0 1987-1988 American StvJnp Bank, New York Se~_Jor Vice pr.esldem - i~,~11 Banidst[ ami Operatiom mi ~ ~i~ ~ of 600 peon. _ . in touch with dae ~us ofhi~ q~ No. SEP 2 3 1997 PAGE 84 B8/14/19~? 9~tlSG62483 -3- 1981 -19~7 1973 - 19~1 --"-~ 'o Dim;mr of Mint:etaS ora ~ Aum,~,.- .,,,,---r~-., u,mffcmd m Um ~ De~'m~em u Diz~:ax o~ c°mmum~a°~' gDUCATION: B.S. Stste UnivzrJiuy of N~w Yolk (SUNY) Uuivu',siry of' Colorado. ~ Ms:k~ A.uocisd~'s Oradu~ School or' Bank Land,cape AJ-chitocturc AuGust Zlst, 1997 MS. Sue Filson, Administrative Assistant Collier County Board of County Commissioners 3301 Tatnlami Trail East Naples, Florida 3411'2 Re: Environmental Policy Technical Advisory Board Dear Ms. Filson, Based upon other interest and commitments I will not be submitting an update resume for consideration of reappointment to the E.P.T.A.B. I would like to thank the Board of County Commissio.ners for allowing me the opportunity to contribute to COllier County through this term on the Advisory 8oard. P.O. Box 1052. Naples. Fla. 34t01 (941) 26~.0486 APPOIN'IMENT OF MEMBER(S) TO THE COLLIER COUN-IW PLANNINO cOMMISSION. ~. .... Michael Pedone - re-appt Russell A. Budd - re-appt Louis H. Hoegsted Dwight N adeau William H. Poteet, .Ir. Kevin J. Lilly (not correct district) Russell A. Priddy (Immokalee) Ronald L. Rumbaugh Marlo E. Delgado I yes 3 yes 3 yes 3 yes 3 yes 4 yes 5 yes 5 yes 5 yes NOTE: Fred N. Thomas submitted a letter indicating his willingness to serve another term if no qualified applicants applied from the Immokalee area. : NONE ~a~le..l]!~-~: NONE ~~~[~~~: NONE l~.~[l~~: That the Board of County Commissioners appoint 3 members to serve 4 year terms expiring on October l, 2001, on the Collier County Planning Commission; and, direct the County Attorney to prepare a resolution confirming the appoinunents~ Prepared By: Sue Filson, Administrative Assistant Board of County Commissioners Agenda Date: September 23, 199'/ p~._..~ Sue Filson, Administrative Assistant Board of County Commissioners September 10, 1997 CCPC vacancies (1 each in Districts /,~, and 5). On September 4, 1997, the Collier County Planning Commission voted not to forward a recommendation to the BCC with regard to filling the current vacancies on the Planning Commission. As you know, staff is precluded from making any recommendation. As you indicated, Mr. Kevin J. Lilly resides in Commission District 4, for which there is not currently a vacancy. (He therefore does not qualify for any of the current vacancies.) Considering my review of the material submitted, it appears that the balance of the applicants do qualify provided they reside within the applicable commission district boundaries. Additionally you will want to notify the Board that in accordance with Section 5.2.3.4., at least one of the two planning commission seats from District 5 shall be filled by a resident of I~okalee. Since Commissioner Thomas's term is expiring, the appointment for District 5 must be for an Immokalee resident. Of the applicants from District 5, only Mr. Russell Priddy resides in Immokalee. cc: Vincent A. Cautero, AICP, Administrator Community Dev. & Env. Services Division David Weigel, County Attorney Wayne Arnold, AICP, Director Planing Services Department MarJorie Student, Assistant County Attorney - AGENDA ITEM No o~ SEP 23 1997 AGENDA I T_Fr..t4 No../C' ~ SEP 2 3 1997 PO- ~7/ Pdch Nelson 780 S. Collier Blvd., SoreSt Marco Islm~[, FL 34145 D~: 1 Cate~oo': Co--sion ~ct 59~ l 8~ Av~, S.W. N~I~ FL 34116 D~: 3 C~o~: ~ion ~m ~ A. D~ 6~20 l~m Av~, S.~. 63~ P~ c~le ~ N~les, FL 341~ D~: 4 Catego~: Co~ion D~ct Fr~ N. ~o~ Jr. 1802 F~ Wo~ Way ~o~ce, FL 34 ~42 C~ego~: Co~ion 11023 L~ ~e D~: ~1 L B~ D~: 2 Cm~o~: ~i~ ~ Collier County Planning Commission ~ork pt~o,,~ Apjn'd Evb Dat~ T~' Hon~ Pko~ Datelte-al~ 2~e 2~ Te~ 1~10~5 1~1~ 4 Y~ 09/21/93 10101/97 4 Ycar~ j 645-1777 09/24491 10/01/95 4 4S5-2818 10/10/95 10/01/99 4 Y~'~ 10/10/95 10/01/99 4 Yc~r~ 2~ 2.716O 6S7-:~9 12/22/87 I0/01t89 2 Years 9/28/93 10/01/97 4 Years 657-$171 11/05/96 IO/OI/(X) 502.6154 2~ ~ -,~ 0~/15/95 10/01/96 s~2-o027 10/15/96 10~1/00 ,/ SEP 2 3 lgg7 ~ Collier County Planning Commission Donald I. York 154 Amblewooci L~nc Nspl~s, FL 34105 D~str~: 1 C,,tcioO': Commission District Michel Pcdo~e $174 lv~bry Drive Naples, FL 34112. C~cgor~: Commission District 774-3343 0'7/16/96 10/01/97 -r75-1158 ~ndatlon~ ~ U.m Board for ftnal deci~3n. Membe~ er~ mqulred ~ f~ a Form 1 S~tement of Flnanc~l Intere~;. e~".h year ~ ~e Supervisor off ~ Terrr~ ~r~ 4 year~. '¸0 Sta.~: ~ Mulhere. Current ptanning Manag~ lM3--8,400 AGEND& XTEN_ ,.,,.=al o .~ SEP 2 3 1997 DATE: August 25, 1997 TO: FROM: Sue Filson, A~-ni~strative Assi Board of County Commissioner~ RE: Voter Registration - Advisory Board Appoimments The Board of County Commissioner~ will ~oon consider the following individuals for appointment to one of the county's advisory committees. Please let me know if those below are registered voters in Collier County. Also, please list the commi~ion district in which each applicant resides. Louis H. Hoegsted 10076 Boca Avenue South Naples, FL 34109 Kevin J. Lilly b~ 2270 Harbor Road Naples, FL 34104 Russell A. Priddy ?c,~ .5~ 13213 C.R. 858 Immokalee, FL 34143 Ronald L. Rumbaugh 220 19th Street, N.W. Naples, FL 34120 Dwight Na&au 504 1 2n,4 Avenue, S.W. Naple~, FL 34119 William H. Poteet, Jr. 61 g0 24th Avenue, S.W. Naples, FL 34116 Michael Pedone $174 Mabry Drive Naples, FL 34112 Marlo E. Dcltado 3841 31st Av~ue, S.W. ~ Napl~, FL 34117 Tl~mk you for your l~lp. SEP 2 3 1997 August 26, t997 Sue F'tlson Co1~e'r Couz~ty Go~ 3301 ~ Tan~an~ 't'r~il Naples, FL 33962 I kz~ow that the Commiss~om~ are ~ ~e s~es of re-d~,~n~ caadkiates to serve on the Coll~'r Couz~ Plaz~z~ Commiss~n- Ifln fact you find that there Js ~o suita~ app6caz~ phase accept youz record~ Co~ie~ Count. HousinB .&mhcx'ity SEP 2 3 1~7 FAX (94t ~ 6~-T2~ August 22, 1991 Ms. Sue Filson Administrative Assistant Board of County Commissioners 3301 Tamiami Trail East Naples, Florida 34112 Re: Collier County Planning Commission Dear ~U¢, Please forward to thc Board of County Commissioners my request for re- appointment to the Collier County Planning Commission. I am a resident of District 3 and have been serving on the Planning Commission for the past four years. It has been a pleasure and a privilege to serve in this capacity. I respectfully request that I be appointed to serve another term. Sincerely, Russell A. Budd 5960 lSth Ave. $.W. Naples, Florida 34116 (941) 455-3073 AGENDA ITF..I:L.- SEP 2 3 1997 Pg. /t~) DATE: TO: FROM: August 25, 1997 Rol:~rt Mulher~, Curr~t Planning ~, Sue Filson, Administrative A~sistan,~J, , Board of County Commissioners Collier County Planning Commission Aa you know, we currently have 3 vacancies on the abov¢-referencefl advisory committee. A press relea.~ was issued requesting citizem intere~ed in serving on this committee to submit a resume for considcration. I have attached thc resumes r~ceived for your review as follows: Louds H. Hoegsted 10076 Boca Avenue South Naples, FL 34109 Kevin J. Lilly 2270 Harbor Road Naples, FL 34104 Russell A. Priddy 13213 C.IL 858 Immokalee, FL 34143 Ronald L. Rumbaugh 220 1 ~ Street, N.W. Naples, FL 34120 Dwight Nadeau 5041 2nd Avenue, S.W. Naples, FL 34119 William H. Poteet, Jr. 6180 24th Avenue, S.W. Naples, FL 34116 Michael Pedone 5174 Mabry Drive Naples, FL 34112 Marlo E. Delgado 3841 31st Avenue, S.W. Naples, FL 34117 SEP 23 ~? writ, ~he recommend~on of~e ad~ coccunnir~ee for appo{ntment md please le~ me know, in the Board's consideration. Ple~e categorize th~ I will pr~ue m executive ~znma-'3' for mpplicant~ in mr~ of experfae. If you have any que~ons, please call me at 774-8097. Thank you £o~ ¥ou~ a~nlion to this manet. SF AGE~. ~ SEP 2 3 1997 A~ 22, 19~'7 CoL Coc~ Com:dsd~ l~pi~, ~'L 34112 If you ne, ed any ~n-thez infin:mad~ ples~ d~'t ~ to oo~act m~ AGENDA ITEPL NO.~ SEP 2 3 1997 Pg · .~,,~.~_ · 08/22/0? X4:OT Apple ¢on~ ~003 LOUIS H HOEGSTED 10076 Boca A~EmJ~ $Oul.~ * N~__PL ~4109 S~¥ OF Q~AL/]FICATIOI~S Broil c~crk=c~ ~n ~ o£ FAX g4XSS6XTXO LOUIS H HOEGSTED ~004 pr~XW~(~ fr, Lu'bili~ sf:~dica, m~d monllmly ~ scml.-,me~s 19~519;7 197~-1980 EDUCATION UN'IVE~ITY OF GEOP, GL~ ~ GA ~ ~Busir~s~ Admiaistraic~ 1~0 pROH..S.SIONAL LICF_.NST~S AND CIVIC AC'I1VrrlE$ SEP 2 3 t997 '08/22/0? X&:O? AppXo Cons~ ~J00¢ LOUIS H HOEGSTED 1975-1950 EDUCATION PROFf.~SIONAL LtCI/qSES AND CIVIC Nc) o._~ SEP 2 3 1~97 22'70 Hmrbor Rc~d N~pl~s, FL 34104 ^u~ust 19, 199'7 Su; Fil~on, Admini~u~tiv¢ A~ist~nt Board of ~ Comm~io~e~ 3301 Tami~mi Trail Nzple~, FL 34112 ~ Ms. Filson: Please ~-pt thi~ lct~r ~d ~ched r~sume ~s ~ applk:atio~ to s~rv~ on th~ ni~-m~mber Collier County Planning Commission. I believe my experience and educational background T'aank you for your consideration. AGEN~A~ ]T,E~ NO.~ SEP 2 3 1997 Pg Kevin J. L lly 2270 Harbor Road Nap]cs, Florida ~4104 (941) 732-1957 OBJECTIVE To obrtin a position in w.,onomic r~earch tnd analysis, which will utilize my business skills szd economic rosining Collier County Property Appraiser, Naples, Florida Accomplishmemrs: * Developed programs fo~ tnalyzing sales i~ormaton and provided s~afisfical measurements for level of assessments. * Built database of county propcn'y v~lues for Property Appraiser presenmrons * Prepared tax rolls for submission to Department of Rcvenue for State approval Florida l~partment of Revenue, Tallahassce, Florida Accomplishments: * Assisted in the level of assessment mcasurcmdn! for approval o£ county tax rolls * Kesponsibl¢ for resezrch and economic impact studies for over 100 proposed legislative ch&nges to ad valorem statutes * Assisted in thc development of procedures for implementing capped property assessments, known m S~e Our Homes, throughou~ Florida * Evaluated proposals for resmacturin8 the Department of Revenue in-depth $~udy process and supervised implementation of reo:nmnendafons * Coordinated an participated in educational scminars for ¢lc~ed county officials Fioridn State University, Tallahaz.see, Florida Accomplishmems: · Responsible for researching information, collecting data ~nd grading exams for University professors · Performed general office duties, including da~ entry and typing lecture notes EDUCA~ON SKILLS Florida State University, Tallal~usee, Florida Masten of Science: Economics, April, 1992 Concentraton in Na~tml Resources and Popularon Economics Uuiverdty of South Florida, Tampa, Florida B~chelors of Arts: Economics, August, 1989 International Association ofAuesslng Officer~, Clxicago, Ellr Cerfffied Florida Evaluator (CFE) Designation: Deparunent of 1~ January, 1993 * Extremely proficient in Qua~o Pro, WordPerfect and other software applications * Excellent orl~tional skills o Demonsa"at=s leadership through ¢ffc~-tivc written and oral communic&fion AGENDA. ITE~L- No o~ lis SEP 23 1997 ~8/2e/1997 13:21 6575557 Sumfiland Enterprises 13213 C.R. ~ bmm~r~r, F~H~h 34143 (9411~57-6~6 ! F~x (94 Mrt Sue h"il~n, Administrstive ~ of County Commissionen 3301 Tsrdami Trlil East l~;~,s, Florida 3411:2 [ would like to be consid~nl for t2te District 5 sppointnm~ to tl~ CoiUex Couaty Plannin8 Co~ My bon~ ndda'e~ b 7~ ~ 29 S~ ~. I I~ve ~ a br~r~su~e. If you ha~ any qucstioat, pique 8ive n~ · call aa (941) 657-6661. AGENDA I TE~.. Nc) o~ SEP 2 3 ~997 o. ~8/28/~gg7 ~3:2~ 6575557 PAGE 82 I I~r~e b~d fl~c privile~ of ~rvin~ ss prcsidem of ap/~ Club ~ ~h ~es on the Les~tash~ CoR~e~ 97 Co, er Coun~ PbzmL~ Commi~on Cult'Citrus Growcn A.uoc. ~ 4 President 1986/~7 13 Gover~ A~ Corra11~cc 4 Pub&: P.c~ions Commi~cc 2 Busineu Pazl~er 5 CAC.Land~ Site Sdcction 2 SEP 2 3 1997 August 18, 1997 Sue Filson Administr·tive Assistant Board of Collier County Convnissioners 3301 Tamiami Trail East Naples, Fla. 34112 Dear Ms. Filson; X noticed in Naples Daily News dated August 14th, The County Co~issioners are seeking applicants for the Collier County Planning Cormnission. ! saw there is a vacancy in con~nission district ~5. I am a registed voter and live in district 95. Please find enclosed my resume. As the Director of Public Services for the City of Mim~ Beach I was an ex officio member of the Board of Adjustments of the Planning Co~ission. I therefore have some experience in this field. As Ass't City Man·get for the City of Miami Be·ch, the Planning Department was under my responsibility. With over 27 years of municipal supervisory ezperience, and now being retired, I feel I qualify to be · successful applicant for the Collier County Planning Conmmission. If more information is required, please contact me at 353- 5343. Sincerely Tours, 220 19th Street NW Naples, Fla. 34120 AGE ND.A .../TE.I~ No.~ SEP 2 3 B,97 RONALD L. RUMBAUGH 220 19th Street NW Naples, Florida 34120 Phone: (941) 353 5343 January 9, 1935 Haven, Kansas Wi~e - Marilyn 4 adult children (none at home) ]~J~B.S. in Civil Engineering (1954)- Finley Engineering College, Kansas City, Mo. Computer program~ning courses at Altus Jr. College (9 hrs.) Misc. management seminars and training programs. National Society of Pro~essional Engineers Florida Engineering SDciety J15684 Kansas Society of Professional Engineers J5141 Missouri Society of Professional Engineers ~E-899~ Oklahoma Society of Professional Engineers ~7434 United States Air Force Guilded Missile program- 1958 Honorable Discharge SEP :, ~ n 1~55_to fu_____~ 1990-present: Retired and moved to Naples to build our house on property we purchased in 1979. Used AUTO-CAD to custom design our houseplan, including floorplan, electrical, water/sewer and gas lines. 1970-1990: City of Miami Beach, Florida: I held the following positions: ' 'W ' - engineering, streets, street lighting, sewer, water, building maintenance, mechanical maintenance, warehouse, sanitation, and building inspection. - building maintenance, mechanical - respon~ible for ~gineering designs for ~ maintenance, parks, warehouse, and golf courses. ~~_~- building maintenance, warehouse, recre~ttion, golf courses, and parks. ' .' - engineering, water, sewer, streets, street lighting, parks, recreation, and building maintenance. , ' - I was responsible to City Manager for all departments in the city that delivered services to the citizens of Miami Beach with the exception of the (cont'd) RONALD t. RUMBAUGH ~ (continued) 1970-1990: Police and Fire Departments. I did have to coordinate and schedule work between those departments and the rest of the departments in the city. 1967-1970: City of Altus, Oklahoma: ~itF Coordinator (Altus was strong Mayor-Council form of government) and ~_]~~- My duties es the City Coordinator were that of a cit! achn/nistrator. Altus hsd its own electrical distribution system besides the normal city activities. As City Engineer, ! was responsible for long range plan~ing and handling of all Federal programs, along with all design work for the city. 1963-1967: City of Lyons, Kansas: ~Y ~noioeer & Citr ~ for water, sewer, streets, sanitation, natural gas, public swinuning pool, and parks. 1958-1963: Wilson & Company Engineers: Survey PsrtF Chief & on sewer, streets, sewer plants, state lakes and water projects. SEP 2 3 997 Dwight Nadcau 5041 2nd Avenue S.W. Naples, Florid~ 34119 August 18, ! 997 I~. Sue F'~Jso~ Admiz~r~'v¢ ~ O~e ofT~e Bo~d ~~ ~301 ~ T~ T~ Na~l~, ~o~da ~4103 ~: ~p~o~ F~ S~t o~ the Co~ Coun~ PI~g ~s~o~ Please consider this correspo~:dence, and attached resume, formal application to be · member of the Collier Cotmty Planning Commission, as a representative of Distfict 3. I w~l make myself a~le for ~ny prea'equisite imerviews with you, or members of the Board. Shouki you ~ to coma~t me, plea.se call ~t 775-0723, during norn~ business hours, or at 455-7140, usually after 6:00 P.M. SEP 2 3 1997 1979 1984 DWIGHT H. NADEAU 5041 2nd Aven~e S.W. Objective To provf~e a public aervfce ~o rny community by brfnging ten years of professional planning end ent4ronrnental penning experfence to the Colr~er County Planning Cornrnissk~n, es well es ov~ twenty.4fve years of history as a reside~ o~ colr~er County. Education Naples High School Univemtty of Alaska, Fairbanks Bachelor of' Science Deg~e Major. Natural Resources Management ~Vii~or: .amltm:,pology Empha~L~: CircumpoLar Populaficu~ Summer 1984 Fa111984 - Fa111986 Summary of Qualifications State of Alaska, Department of Natural Resources i workad whh a ms4an~ ~ tsam which ~a fi~ year land use strar.e~ 12.5 millkm acta Tanana Basin, which nltimat~y rua~ted in a prod~ct ~ ~ 1987-1989 1989-Pr~t 1987- Present 1992 1993 Oc~ober13,1994 Collier County Government, Currant Planning Napte~, Ftorida McAnly Engineering and D~$ign, Inc. Napte~, Florida Posi6o~: Planning Dirocr. or As a privz~ r,o:tor planner, I hav~ r~presem~ my firm's climt ~ in no less tha~ ~vezrry-seve~ land use pcq:~oas requiring public hearin~ befo~ the Colller County Plzn=ing Commission and/or the 13<~rd of County Ccsnmissiam~. Fm'ther, I ha~ providod "whi*~ paper t~ny" for utilizztion in the cr~Ooa and establishmem of two Community Dev~lopmem Districts pu. nuant to ~ 190, Flo6da $tatutes. I have also coordinated th~ pr~paratiou of an Application For ~mmt Approval of a Development of R~o~al Impact pum~nt to S~tica~ 3~0.06, Florida Statm~s, as w~U a~ ame~ciing th~ CoLLier Compr~hensiv~ PLan to affa~ a~ Urban Boundary chugs. I ov~mght. Professional Memberships Am~rica~ ph~mm~ ,~,ociati~ norida Chara~ Community Activiti~ Collier Couoty Sheriff's Office - Ch:izau Academy CoLLier Cou~ Sheriffs CH~ce - Advanced Citize~ Academy Appomt~ Honorary Deputy Sber~ AGEND& I T E[~L., No o~ SEP 2 3 PO'I~,~ " pj~ Op, J~J~]~,S, J~¥C. ...... o,, ,P.O. Z~o:: ]0~. ~¢~$. FT_,, $4~0]..0~? ~4],) 405-$$40 ~¢zx ~4],) 405.$841 Au~,tst 14, N~le~, FL 34112 g,~: Applicafou fca ¥~,ancy - Coll~ Cou,~ ~ Com~ioa ! pr~O~sly sa-~d full u~-ms ou two Colli~ ~ ~Mso~ boards o~' ~ p~s~ ~ d~ Msrc~ Lsls~ B~,ni:t~oa A~l,,isor~ Board ~ T~ ~s,~ ~ B°~rd'~o ~ s s~n~ ~t~'~t h~ Coll~* County", futm'c. P~ca.~ fce~ ~-ee to ~ me wi',,h any question. AGENI~A~. Z T E,~I~ SEP 2 3 1997 .. ~/14/1997 18:27 ~41483384~ POT'~ PI~ZES IN P,~ 84 1978 - Fiodda Real Estate Salesman License #(3185281 02673 1996 - Florida Rear Estate Brokar License #BK-0185281 1995 -Cert'rfied Lea~ng Spedalist (CL$) 1966 Outstanding Young Men of America 1967 Junior Charr~er of Commerce Senato~ship #.42148 (Life Membership) 1993-1980 Marco I~land Fire Department -Volunteer 1977-1978 Cotlte~ County Fair Board Member 1976-1991 Marco I~and Junior Chamber of Commen;e, president, Tmasur~', State Director 1976-1991 Florida Ja./cee~, Dt~ric~ Dimctc~', Regiem~l Directs, Vice President of Community 1981-1985 American Heal As.~:x~ation - CPR Instructor 1983-1986 Mamo ~ Chamb~ o~ Commerce - member 1963-1~86 Coill~ County Young Republicans 1984 Cotli~' County Chairman - Youth for Reagan 1987-1997 International Council of Shopping Centem 1990-1991 Nal:~es Chambe~ of Commen:e, Naples Bay Day'~ Committee 1992-1994 Naple~ ~ of ~, Urban Study Committee 1997 Boy Scou(~ of ~ - Ad~isoq' Board Member 1981-1984 Marco Island Beautification Adviso~J Board 1992-1994 Collie~ County Adviso~ Board for tl3e Homeless 1990-1991 ~ Street Sou~ Shopp{ng District Parking Advisory Committee - City of Naples. ~o._~ SEP 2 3 1997 Michael Pedone 5174 Mabry Drive Naples, FL 34112 Aug. 8, 1997 Sue ~son Adn~nistrtfive Assi~am Board of Count), Convni~or~s 3301 E.Tamhtrni Trail Napl~%, FL 34112 Piea~ accept this I~'tt~r as my r~ue~ for r~appointmem to ~he Colli~r County Platming Cornmi~oa. I have had the opportunity to have ~rved on this Board for one y~tr and now that I have gotten my "feet wen" I would like to serve a full four year term. Thank you for your consideration. SEP 2 3 1997 .,Michael Pedone 5174 Mabry Drive Naples, FL. 33962 Home Phone: 775-1 I58 Business Plncme: 774-3343 RESUME 08/08/97 Brooklyn Prep High School - Academic Diplom~ S~. Johns Univ~iry Queem CoUe~e ( CUNY ) - ~ ~S Courses 1986- Pre~nt 1985-1986 1978-1985 1975-1978 Fire Stop Systems Inc. Vice President - · specialty contracting fu'm for the installation spray ir~roofng, ire safng, pent, ration ire barrier az~cl mechanical pipe and duct insulaIion. All Tt~np Insulations Inc. President - · specialty conxracgng fu'm for the installation of wail and ceiling insulation. Quality Automotive ~xl Dia~no~c Center Assisted in orginiza6on and setup of business and provided Statewide Mechanical Insulations Inc. President - · specialty contracting firm for the installation of mechanical pipe and duct insulations and residengg insllaIion Lusul Therm Insulations Inc. Vice Pr~ident - · specialty contracting firm for the installation Lns~ation for re~ideraial buildings md condominiums Former Director Long Island htsulation Contractors Assoc. Past DLrecxor East Naple~ Rotary Club Rotarian ofthe Year 1981 P~st Vi~ Pr~sid~ ~xi Director American Subco~ors Association Collier Chapter CBIA Govt. ~ Commitee N~ples Players Past Grsxd Knisht - Knishts of Columbus - Naples Collier County Code Enforcement Board - Past Chain Collier County Conuacaors Licensing Board - Vice C1 President - Crown PoinI E~ Homeowners Associ~ Pr~idtm - Crown Point Commusfity Association 3841 - 31gAv~. p..¢ f'~ .:.'.. :. RECEIVED :- JUN 2 3 1997 Board of Countl Com:s$foner~0 May 1974 ~ I972 1994/~ 19 9 5 / PresenI 1994 1984/1993 1980/1984 1976/197'9 20523 5EP 2 3 1997 1974/1975 972/1974 1966/I968 Director - LaEn Ame~'c~ Bu~ir~ss & Prof~ A_x.~x:iaa'on (LABPA) - Naples, FL Member- V~ HOI~DR$ Me~ber - Phi K~ppa Phi - Nat~wd ~ Honor Society C. wadutrte ~ F~p ' 1973/74 Re~ - F~U. SEP 2 3 Po "'~c~azln~ our Marke~ P~ in Lag~ America" Market Research Surely Presented to Regional DO'¢c~or of Marketing, U...~PS, Sowd~ Recj~ ~ 1992 199I SEP 2 3 lS9? ~A~PPOINTMENT OF .~ER(S) TO BLACK AFFAIRS ADVISORY BOARD.. ~: To appoint 4 members; I to fulfill the remainder of a vacant term, expixing on June 25, 1998 and 3 to serve full 4 year terms expiring on June 25, 2001, on the Black Affairs Advisory Board. _C~J~.~a~I~: This 9 member committee identifies and evaluates problems unique to the Black Community, reviews and recommends ways to ensure open communication ~ the minorities and Collier County Gowmment and provides periodic reports to the Board of County Commissioners. A list of the current membership i~ L~luded in the backup. The terms for Douglas L. Wilson, Gsrland Edmonson, and Fredrick D. Morgan, II expired on June 25, 1997, and Alfred I. Robinson resigned on July 29, 1997. A press release was issued and resumes wer~ recaivo:l from the following 4 inter~sted citizx'ns: Douglas L. Wilson - re-appt. Karin E. English Fitzgerald A. Frater Michelle Charlene Austin 5 yes 4 yes 4 yes I yes Douglas L. Wilson - re-appt, to 6/25/01 Karin E. English 06/25/01 Fitzgerald A. Frater 06/25/01 Michelle Charlene Austin 06/25/98 NONE NONE ]~1~~: That the Board of County Commissioners consider the recommendation for appointment; appoint 4 members to serve on the Black Affairs Advisory Board; and, direct the County Attorney to prepare a resolution confh'ming the appointments. Prepared By: Sue Filson, Administrative Assistant Board of County Commissioners Agenda Dale: September 23, 1997 AGEN(~A XT. EH No ' -~7.~ SEP 2 3 1997 P~ for tt~ Black Afratn Advisory B~rd [BAAB] On Septcmbe~ [, ! 99'7, b Block A~tirs advJsor~ ~ ~] m~ ~ ~ ~ ~ s~ resin:net for Ibc v~ant positions o~ ~be BAAB. TI~ Boe~ wts very pieced with the rc~x~e and ~ imprusive with d~e applicant's cr~lentials. The BA.~B re~mfncnds thai thc ~ of C.~qm~ CommLuioners make ~e f'olJaw~ns sppointments: E)ou$1~s L. Witson 6/'25/01 Michelle C. Austin 6/25/q~ Fit2.~ernld A. Fra~er 6/25/01 Ks~ E. English 6/25/~ Ple~e ~ ~e r~q~i~d d~n~n~ to ~ fo~ the Board of Co~ Commissioners' spproval s~ your e~liest convenience. Thank you for you~ time. NO SEP 2 3 lsd7 Pg o__~ DATE: August 8, 1997 TO: FROM: Vinell Hill~, Elections Offic~ ~9 Sue Filson, Administrative Assistsat.~ I ' Board of County Conu~issione~s RE: Voter Registration - Advisory Board Appointments The Board of County Commissioners will soon consider the following individuals for appointment to one of the county's advisory committees. Please let me know if those listed below are registered volers in Collier County. Also, please list the commission district in which each spplicant resides. Karin E. English 3823 Tmi~ T~I ~ ~21 Naples, FL 34112 Fi~d A. F~t~ 5 2011 ~v~ R~ch ~ve, Apt. Naples, FL 341~ Michelle Charlene Austi~ 2030 Rookery Bay Drive, #1605 Naples, FL 34114 Thank you for your help. 8~ :Zlidd II $f1¥ L$ AG£ NOA_. I TF.J~ SEP 2 3 lgg7 5EP 2 3 1~97 RECEIVED HAY ~ DATE: May 19, 1997 TO: FROM: Vi~ll Hill,, Elections ~ Sue Filso~, Administntttvc Asststa~ ' Board of Coumy Commissionen RE: Vot~ Rcgi~-afion - Advisory Board Appoia~nent~ The Board of County Commissioners will soon consider tl~ following individuals for appointment to one of the countys advisory committees. Plcas~ let me know if those listed below are registm'ed voters in Collier County. Also, plea.se list the commission district in which each applicant resides. Doutlas L. Wilson 680 Sanctuary Road ~ Naples, FL 34120 u Thank you for your help. AGEN~3A No._,/_D ~.~"... SEP 2 3 19,97 Black Affairs Advisory Board ~~ 4~9111 l~ll~ ~ 4 Vitae ~o~ Nie~ Napl~, ~ 34112 D~: 4 H~ C. Tn~ble D~: 1 C~e~o~: 7065 ~s C~lc, ~103 ~2~2~9 N~pl~, FL 341~ D~: 3 Vi~ St. ~ 585 14~ S~ No~ 262-74~ N~lm, ~ 34102 D~: 4 C~eIo~: ~ L. 680 5~ ~ ~7.~ N~l~ ~ 34120 D~: 5 C~o~: ql~~ ~, 3 ~o~: ~ Date 2halF. Date 06/25/98 1 I~5/96 06/25/98 06/25/91 06/25~5 611g195 O6/25/99 01/10/95 06/25/99 01110/95 06/25/99 01110/95 06/25/97 03119/96 06/25/97 TMa~MT, Nm, t~Mr 05, 1~ 2nd Term 4 Years ~/ 2 Y~'~ 4 Years 4 Years 4 Years 4 Years 3 Years I Year AGENDI SEP 2 3 1997 Black Affairs Advisory Board ~'ork l~l~on¢ At.'ti Ea~ Date l'errn Name F~ck D. Mo~ ~1 26~ PI~, S.W. 45~01 Nupl~ ~ 34116 D~' C~egor/: 5784 ~ ~ C~l~, ~ 79~ Napl~ ~ 3~2 D~: 1 C~ego~: ~~7~g ~. T~ ~4 y~. Staff; Michetle Arnold. Aasistant to the Co,mt/Manager. 774-8383 1~o .___.,~ SEP 2 3 m97 Pg.._._.-~-~ DATE: TO: FROM: RE: Black Affairs Advisory Bo~l As you know, w~ curt~tly hsve v,r.a~es o~ ~ ~ ,dvi.sory committ~. A press r,:le~se wss issued reque,t~ citizens imeresexl m ~ o. th~ ~ommi~ to submit a ~ume for considerstion. I h~ve stmched the resumes received for your m-view ~s follows: 3823 Tarniami Trail East//421 N~pl~, FL 34112 Fitzgerald A. Frat~r 2011 River Reach Drive, Apt. 254 Naples, FL 34104 Michell¢ Choleric Austin 2030 Rookm'y Bay Drive, #1605 Naples, FL 34114 Please let me know, in writing, the recommendation of the advisory committee for appointment and I will prepare an executive summary for the Bond's consider'~on. Please categorize the applicants i~ arca~ of exp~r~e. If you have ~my quc~fiom% please call mc al 774-8097. Thank you for your atten6on to this matter. SF Art~hm~nts No. Mrs. Sue FiL,,on' Actmbxisu'a~ive Assistant Board of County Commissioners 3~;01 Tamiami Trail East Naples, Florida 34112 RE: Bla~k Affairs Advisory Bond and Collier County AL-port Authority The attached resume and general background is ~ for consideration to become a member oft. he BLack Affairs Advisory Board and the Collier County Aizport Authori~. Briefly, I am a new resident in Collier County w/th a w~akh ofexperi~, experti~ and inter~'~ in assisting in business and community, multi-c~multi-edmic affairs. I haw served on numerous local, regional, and national Boards and Committees incb_~-g City of Chicago Cable Access Board of Direclors O/ice-Chair and Secretary), Illinois Bell Telephone Company Advisory Panel (An Original Member), Turner Broadcasting National Advisory Board (Chain), National Black Media Coalition (Vice-Chair), Action for Children's Television (R¢g/onal Chairperson) and Gateway Foundation (Publicity ChaL~un~sing Co-Chair). Additionally, I have been ~lf employed and an entrepreneur for ~pproximalely twenty-five years providing consulting services to alhletes, entertainers, politicians, profil and non-profit corporations and the ownership of media properties. My corporate background has also been enclos~'.d. I am excited about the opportunity and the possib/lity of becoming Evolved in Collier County in the above areas as well as others. Please note that I can be reached at the following: Katin E. English 3823 Tamiami Trail East ~21 Naple~, Florida 34112 (941) 643-9606 I look forward to a favorable response to my a~plicalions. Should you have any questions or need additional information, please do not hesitate to contact me al the d~ove. Y, · English AGE ND~/x.~ TE~... .o. ./¢/ .,~ SEP 2 3 1997 I'Z_.pg. ? BackStreat Entertainment Group (BEG) is a small, efficient firm created to respond to the communications challenges faced by the political, religious, sports, entertain~ent and corporate arenas. Providing public relations, marketing, and media management services, ]~EG focuses its energies on managing the maze of opportunities using timely, credible and professional avenues. From early ideas through full implementation, ~EG works to put things into perspective so that positive and successful consequences are produced. For nearly twenty-five years, Karin E. English, owner of ~EG, has gathered valuable insight and a working knowledge of each aspect of the world of communications particularly in matching people, products and media to promote ideas. This wealth of experience encompasses public and media relatioP, s, advertising, marketing, audio and video production, image development and enhancement, strategic planning, and crisis communications. She has worked with politicians on local and national levels, corporations, not-for-profit organizations, athletes, entertainers and religious organizations, in designing responsible communications plans which communicate, persuade, motivate and sell effectively. BEG advocates a theme and patience and perseverance, and is committed to meet the high volume, high visibility needs of these special industries. The company provides security and confidentiality in the affairs of it5 clients, while maintaining professionalism under its concept of a close working partnership. On occasion, B~G calls on its network of associates to augment its capabilities. The idea of combined efforts enables ~G to create and control special servicing configurations with the best and most diverse talent to meet needs which are demm~ding and unique. ~G is not afraid of hard work or hard decisions. Our team of professionals are creative, understanding, and tough. We bring the ability to listen, plan, and provide responsible management of projects to each client on personal and individual basis. BEG does charge for its services using a basic fee structure which is competitive as well as considerate of budgets. We work with you to establish needs in the beginning so that a mutually beneficial fee structure can be arranged. Our rates include salaries, overhead, and a reasonable profit. Travel, telephone expenses are billed at their net costs. Major expense are subject to client approval. SEP 23 1997 PUBLIC R~LATIONS: B~CG commits to pur~ue rea$on~le exploitation of personalities, goods and services through effective ~rket research and evaluation of the p~lic's perception of the client. These steps yield a p~lic relations strategy ~nd action plans which will be ~ployed to identify the appropriate avenues that should be targeted. The use of proper vehicle~ focuses on promoting positive relations with the general market and the disciplined use of the media Co spread the work and word of the client. ~T~G: We will develop comprehensive ~rketing plans with strong execution tec~i~es. These are designed to ~sition, package, promote, secure and st~ilize the presence of the client within the client's specialty. ~D~ ~NT: A co~ination of marketing and media mixes ~mployed co ~ximize the use of client dollars and media vehicles ' the oal of gen-rating cons~er and industry interests. ~r with g .-. ~ ........ ~ ~o nrovide the client with lans are specifically ci~A~ ~. r, ~ ......... ~iexibility and maintenance of the client s a_ialrs as a product. ~3SI~SS ~NT: Keeping in line with our thee of efficient and effective complications, ~G offers its services to tro~ie shoot business a~inistration and manag~ent. We identify areas of challenge with a in-depth review of the situation. We then restructure, develop and i~lement comprehensive business plans that will insure growth and revenues in the client's industry. We also have the capacity to create and execute joint venture, ac~isition and management structures that are mutually beneficial to all parties. ~TION: Our history allows us Co integrate in-house production cap~ilities with our other services. ~r goal is to insure continuity and consistency in client presentations. We are fully e~ipped to write, produce, edit, ~d fo~t audio and video presentations. Naturally, we write, edit, and provide layout and desi~ of print projects for our clients. Each production is coordinated ~d monitored by our te~ throughout its process to be sure of our client's accept~ce ~d ~e p~lic's ~rception of our client as presented via ~Y co~ications fo~. with our fine t~ed methods we bring the ~ility to listen, plan, and provide responsible ~nag~menc of services to each client on a individualized, personal basis desired to achieve your ~ SEP 2 3 Pg.~ execution of public affal and community relations program~ to ssist Black artists with their careers. /%ssisted with the ~oordination of a musical showdown for new artists held nationwide. Provided general image development and promotional strategy consultation for Midwest market. *Broadcast Minister's Alliance: Managed all media relations for a group of 22 ministers throughout Chicagoland area including radio and television time planning and purchasing. -Carale Co~%u~ications: Provide feasibility, marketing and general business consultation and nu%nagement related to the Interactive Video Data Service licenses awarded by the Federal Co~%~nications Cor~mission. *Che_~eake jubilee:Founder, Executive Producer of the Jubilee Showcase Stage. Packaged and marketed stage to entertainers, sponsors and the City of Chesapeake. Stage was first time activity for 20 year event featuring christian musical performances. Stage also marked the firs~ time for a Black company to be involved with the Chesapeake Jubilee. -Colleae Athletic conferences: Provide advice and counsel on broadcast contract negotiations to the MidEastern Athletic Conference and the SouthWestern Athletic Conference which are the sports managers for at least twenty Historically Black Colleges and Universities. Negotiate broadcast rights for a~hletic a.nd sporting events and solicit and negotiate sponsorship and endorsement contracts with corporate citizens. *The Honorable Ccnaresswoman Cardiss Collins: Conceived, organized and managed 1983 and 1986 re-election campaigns, including creation and production of radio, television and print media packages, public appearances, commt~nity events. Handled press and public relations for Congresswoman Collins as Chair of the Goverr~ent Operations Sub-Committee during the 1986 terrorism against Americans in foreign countries, and in her role as a member of the Telecommunications Sub-Committee. AGENDA ZTEM No o~~-- SEP 2 3 Lq~l? Pg · ..~.~ · Department of Commerce: Provided specialized consulting services to Minorl-~-~-----~ Business Development Agencies/Centers (MBDAYMBDC) including market feasibility studies, market development, financing and operations, planning and execution consultation, public and media relations and overall business development and management. Services provided through · the Chicago Economic Development Corporation and Burgoes & Associates to Panacea Communications Corporation, The Latin Network, Big City Broadcasting, Broadcast Minister's Alliance and Marvin Robinson & Associates. Clients were broad based including broadcast and communications businesses, sports and entertainment management and broadcast production. · Th$ Edwin Hawkins Music & Arts Seminar: Packaged and marketed the seminar for corporate underwriting. Secured sponsorship from local and national companies including The Seven-Up Company, Revlon, McDonald's, the City of Chicago and Soft Sheen Products Company. · Epic/CBS Records: Assisted with the coordination of public and media relations, special events, security and personal services for The Jackscns. · FraserSmith EtP~ic Marketin_~g_~ Provided regional sub-contract assistance to New York based division of Saatchi & Saatchi to target and reach specific markets for brand marketing including Bacardi, Martini & Rossi, Raid and potential beverage water for new companies. Handled all promotional development and execution of events for target marketing. -~reedcm ~21 Star Game~ Provided event design and management for football game and surrounding activities. Responsible for broadcast negotiations, production, syndication and for corporate investments in the event. H~ndled total business planning and development, management and marketing. · Gardner Productions: Provide business development and general consultation related to the Interactive Video Data Service (IVI)S) arena. · Go__q~,sDel Music Association:Packaged and secured partial underwriting for the Black Gospel Music Spectacular. Recognized by the Gospel Music Association for assisting in creating, planning, developing and executing the first time event. Increased corporate support and public relations for community support. SEP 2 3 :Design and package full service cable channel *~ of intercollegiate Athletics. Negotiated cable carriage and channel allocation for future use of channel- Provide on-going consultation related to broadcast, cable and marketing strategies. Telephone Cqm~ Researched and wrote printed materials ~o~ ~,----~- .... Served as member of Consumer information on the Linebacker program. Advisory panel for five years. Created and produced statewide radio ~~thm birthday of Dr. Martin Luther King, Jr.. Handled events with clergy, educators and ~olitical dignitaries including planning, coordination, staging, and public and press relations. *Illinois~ Planned, developed and executed a c~luding Chicago Bears Richard Dent, Wendy's, W~-FM radio and Father George clemens to provide food for needy families throughout Chicago. f~n the Volvo celebrity Tennis Tournament- Assisted in the coordination of athletes for participation in the Michael Jordan McDonald's Golf Outing. o ed first regional Hispanic program de--~---g~ed for ln-s_cnoo,~ ~; as spokesperson promoting football player, ~,o,_na~u~ n~u=;;" themes. Campaign is School" and "Say m,o. ~__.~.~'~ of the overall McDonalO eight years old an~ is no- market planning · *MidEastern Athletic Conferenc~e: Provided broadcast and cable c~ntract negotiations, Pr0gr~a~__ production, distribution and syndication of athletic events zo= telecast, corporate sponsorships and conference endorsements. Provided com~rehensive business and market plan for full development and execution of Luniversal athletic program. Organized and *~'Be~efit Concert Series as c~ordinated Coors spon~o:=u ~e for N~P Lhnder their "Fair Share" arrangement. Handled the midwest public relations release of Jeffrey Osbourne's "She's On The Left". _ NO. _..,z.,k,z.--~.--- SEP 2 3 -National Interactive Association: co-founder and Executive Manager of the association founded to pro---~ide representation on legislative and business fronts for new technologies with an emphasis on interactive video and data service. · Pieces of A Dream (EMI/Manhattan Records): Provided public relations and image development for the jazz recording group in conjunction with new albtun releases, and on-going marketability. · Political Candidates: Managed media campaigns including media usage planning for various political candidates including the Late Chicago Mayor Harold Washington, Cook County Commissioner John Stroger, Former Congressman/Senator Tim Wirth, State's Attorney Candidate Ray Smith, Congressional Candidate Joyce Hughes and Congresswoman Cardiss Collins. Provided advance assistance to Senator Ted Kennedy during his presidential campaign. · slonal A~hletes: Provided on-going public relations, Professional ~6tiation, and media services to membe~s_o~ marketlng, con,.ac% ~=~ ..... ~ Leagues Services inc£uoeo Foctball ano DasKegoa~x ~ · the National ..... ~h~,~n~- endorsement · .a ement, appearance contracting, ~--~--~ =-. _ med~a man g . ,'-~-~ .... {~ane and business oeve£opmens. rket~n anG ge-eral auv~= ~ .... ~ ma · - g · " -~ Star Go_~el Showcase: Created, development, produced and syndicated the first weekly---~ideotaped talent competition for new Christian artists. · Servante Mana_g_~ment Corporation: Participated as a partner in the corporation which provided f--ull services to athletes and entertainers including business and media management, contract negotiations, endorsements, and performance contracting. -Southwestern Athletic conference: Provided broadcast and cable contract negotiations, progr~ production, distribution and syndication of athletic events for telecast, corporate sponsorships and conference endorsements. Provided comprehensive business and market plan for full development and execution of universal athletic program. · ~ Created employee training program, marketing and advertising strategies for specific stores in Chicago, New York, and New Mexico markets. Researched and test marketed salad bar for stores located in Black and Hispanic communities. SEP 2 3 1997 *W~L/WODC ~a. dioi Provided consultation for management, sales and marketing of christia radio stations through progr~ing development. ;%ssisted with image and cor~munity relationship and outreach. Create, produce and prouide talent as on air personality. *WAV-TV 53 and Channel 50: Owned and operated start-uP television s~rched and ~u~naged the acqn/isition of constrl/ction permit for stations. Supervised all aspects of development, sales and m~rketing, programming. Managed and negotiated the sale of the construction petit for Channel 53 which is on-air and operating. Currently handling the sale/assignment of the construction permit for Channel 50. *United Football ~%ss~ci.a~ioq: Co-Founder assisting with the design, developme-~-~, and marketing of a super conference engaging in the sport of football. Responsible for business and ~rketing plan, broadcast and endorsement contract negotiations. AG E N~O~.~ ~" NO o~_.~ SEP 2 3 ~997 K~IN E. ENGLISH BIOGRAPHY Born and raised in A~buquerque, New Mexico, F~%rin £. £n~lish was a inois University with academic educated the University of New Mexico, DePaul UniversitY, Coi~ia College and Northeastern Ill · . s and broadcast communications-. ..... ~nns in journalism, mas_ ~ ~ her early years ~n concen~--~' --~..~ writer an~ poe~ .~,..c~ -~- ~orved as a e kas been an auux~= ~ ~-~ ~chool, where ~n= ~ . _ SQ~_e~tar~,, junior high, ans nx~_fu staffs. During her sophomore ~er o~~bOth newspaper and yea.uou~ . . 'n became an advertising assistant where year ~n h~gh .school, ~Ka~ -he advertising business- Th~e years she rec~e%e~eS~ar~ea~i~g assistant r~n ~h~r o~nDeUy~e~?~ public la~er, - ....... h~re she taught kinderga From teaching and the University of New Mexico, she joined American A/rlines as a flight attendant which afforded her the opportunity to move to Chicago and to continue to pursue her career as a Ka~in was active in a journalist and freelance writer. journalistic capacity in the Chicago area as a writer including the Chicago Tribune, Chicago Sun-Times, Ebony Jr.! This included · t and as both a theatre and media '~'-~ ~s a guest column,s ~_ ~=c al~ ~host written c~itic for co~un~-y ~-~ ..... %~nal Dublicatlons. a~d researched for many author numerous Her creative energies have allowed Karin to articles on children, Blacks, and media related topics leading to the writing of a more personal collection of poems, "Roses, Thorns & Other passing ThoughtS" which was entered in the 1980 Yale Series for younger Poets. Selected pieces of this collection were incorporated into an anthology of po~ by women for theatrical presentation in community theaters throughout the m/dwest. and related writing In the interest of continuing her advertising activities, Karin joined the Need.ham, Harper & Steers family(now DDB Needham Worldwide) as an advertising copywriter and producer ' and advertising campaigns where she worked on national accounts including General Mills and McDonald's. Her advertising experience led her into the world of broadcast television as a consumer researcher and investigator for WMAQ-N'BC and WBBM-CBS television stations in Chicago- During r_he winter of 1978-1979, Karin co-founded Multi-Cultural Television Council as an advocacy organization working to change television for children by lobbying for the addition of more positive role models. Her voice became recognized on both local and national legislative levels which elevated here into the forefront of the broadcast and communications industrY. ;ts a result of this leadership, ~in served as Vice-Chairperson of the National Black Media Coalition, as Chairwoman of Turner Broadcasting System (TBS) National A~visory Board, Illinois Bell Telephone Company Consumer Advisory Board, Chicago Contact for Action for Children's Television, and the Board of Directors of the Chicago Access Corporation where she served in several officer positions including First Vice Chair, Secretary and as an original incorporator of the corporation. Duties for the latter services came as a result of the mayoral appointment of former Chicago Mayor Jane Byrne. F~rin's involvement with the city of Chicago, and other municipalities and their cable consultants and elected officials in planning, designing and developing cable television ordinances and systen%s. She also worked at DePaul School of Law, reviewing and conducting law exams, and has researched and, written briefs, motions, and litigated civil cases. Through her alliances developed in the political arena, Karin began working with politicians as a media consultant focusing her attention on image development and media relations for election and re-election c~%paigns..nv~~ a~lv~ic~c sd 1 nal media events nat'o ' _ · . ......... iencinc in writing and producln~ "Hands Across ~merlca · ~=.=~^~'~.~ ~ hackcround to write anG commercial campaigns pro~l~ea n~= -~ ......... and public produce political campaigns as well as promotional relations projects for individuals, com~nunity organizations and corporations. Each of her client relationships provided F~arin with other avenues for pursuing her areas of interest in the communications industry. with The Miles Square Heal{h Plan developing She has worke~ -~ fund-raising sales anu ~ ' developing materials for use of its 9-1-1 system by municipalities, Illinois State Lottery, Wendy's and Sonderling Broadcasting on promotional activities involving the Chicago Bears, McDonald's Corporation, Volvo Celebrity Tennis Tournament, Bacardi, Martini & Rossi, A~euser Busch, the National Basketball Players A~sociation and others with public relations and marketing assistance and ~nagement. AGENDA ITEM SEP 2 3 ~7 As an educator, Karin was a faculty member at Columbia College for five years teaching theory and production classes in the Broadcassing Department. Additionally, she has been an honored speaker and gaest on numerous talk shows, conferences and community · · · , media ownership and forums focusing ~ ~edl~_~...s~es~t~%Sthe media arena. development o~ vehicles ~o~ nc- ~. On the business front, g~rin has been the sole owner of KEE Public Relations Marketing and Media Management, For Kids Only, and Sparkle Studio Productions, and a partner in a full service sports and entertainment management corporation, Servante Management corporation, serving athletes, entertainers and politicians. These services were extended to corporations entering the broadcast ownership arena by tapping into the background and expertise of Karin related to ownership, financing and programming- She has served as a Specialized Consultant to several Minority Business Development Agencies under the Department of Commerce focusing on broadcast and media acquisitions, business planning, financial projections, budgeting, programming and management strategies. A graduate of the Grantsmanship Foundation, Karin has placed her emphasis on religious entities, new businesses, and future marketing projects for companies including Hill & Knowlton Public Relations, FraserSmith Ethnic Marketing, Richard Dent and Ron Rivera of the Chicago Bears, recording greats Jeffrey Osbourne and Edwin Hawkins and the Nashville based Gospel Music Association. The production companies owned and operated by K~rin have produced programs designed for children for radio and television distribution, which specialized in corporate co~mtu%ications KEE public Relations, productions and political campaigns. Marketing & Media Management has provided an array of creative and lients on all levels, and }fEE Properties, business services to c ..... ~-reholde~ and sole director, · the ma orl~y ~ - . .' Inc. of which she t~ ~wo Indiana based television broadcast currently owns and erates properties, and is engaged in the production and distribution of broadcast program product. KEE Properties, Inc. has recently produced "Rising Star Gospel Showcase" a talent search competition which combines the entertainment value of celebrity artists with the competition of amateurs in a televised competition designed specifically for Christian artists. It will begin its syndication and distribution of programming product in 1993. BackStreet Entertainment GroUp (BEG) was created to provide full media services encompassing all of her prior activities and to benefit christians and christian organizations- The company provides management, marketing, business planning and development, syndication and distribution services for various media projects, as well as total marketing and management services for non-media related business concerns. BackStreet Entertainment Group is also involved with consultin~ businesses in the new and emerging communications technologies, ana approximately twenty Historically creating avenues for marketing prfmarily in the sports arena. The Black Colleges and Universities company has negotiated the first long term broadcast/cable carriage for multiple conference and games carried in Black college sports history. An avid reader and runner, both of which began in her life when she was a child, she is the Virginia Games State champion in 1500 meters (40-and over) for two years. She now resides in Florida where she is working on several books including a sports expose, and two entitled, "Cross Cultural spirituality" and -Grama's Hands", respectively, two television programs for future production, a big screen movie, and the acquisition of more media properties including another television station and developing a satelii~e programming network. The single parent of a twenty-two year old son, Kevyn, who is alsc a business owner of F.AD 'Enterprises, a telecommunications concern and who has been active in the entertainment field as a musician, actor, disc jockey as well as an athlete in track and field and football. Karin is a recent grandmother of a grandson, Breydcn. AGENDA SEP 2 3 1~7 P9 .~--~ TEACHING 1981-1986 College instructor and full time faculty m~mber teaching classes in radio and television production, theory, social and cultural issues on the media and advising and counseling students on broadcast or media careers. ;%UVERTISING 1988-1989 Contracted Midwest production manager for New York based advertising agencies Saatchi & Saatchi and FraserSmith producing Fashion Fantasy and DOD Whoppers media and promotional canxDaigns including radio and print promotions. 1978-1979 Independent contractor producing print and test ~rket media campaigns for Sara Lee and their specialty item~ for introducticn to the full marketplace. 1976-1978 Copywriter with DDB Needh~ Worldwide Advertising writing on the following accounts: McDonald's, General Mills (Betty Crocker) Morton's Salt, Wrigley's, V-8, Metamucil and U.S. Gypsym. 1968-1970 Advertising assistant with Rhodes Department Store in Albuquerque, New Mexico working on layout and design, retail collateral materials and in-store promotions. PRINT MEDIA 1980-1990 Creating/writing public relations, media and advertising materials, speeches, press releases. Developing business plans for individuals,non-profit organizations, and corporations. Freelance columnist/writer for numerous lccal and national publications including Chic~Sun-Times, ~il_v Defender, ~, Westside Journal,and o--~-~ c~u~ity based publications. Writing Samples Available Upon Request AGENDA [TEM No.~ SEP 2 3 ~97 Pg.~ RADIO 1993-Present Producer/Host Christian music progran on WODC-88.5 radio. Feature message music and new artists 1983-1988 Executive Producer/Producer for numerous prommtioqal and progra~ng projects including, "Tips For Teens"( a serles cf vignettes specifically designed for radio), "On The Line" sports-talk show introduced to the Chicago and general marketplace), -Inspiration with Jorog Tho-Biaz" (an inspirational public affairs program focusing on contemporary religious issues) and "Kids Jam" working with Chicago public radio on national distribution- Created and produced Illinois M~rtin Luther King Holiday Council radio program "Joy Inside My Tears", featuring Lerone Bennett as the narrator and celebrity/clergy who had personal relationships with Dr. King. Created and produced health care campaigns and public affairs promotional radio and video projects for state agency. Created and produced political campaigns for various political candidates. Created and produced public service announcements for Chicago NAAC?-$outhside Branch and Chicago Urban League. Handled on/off-air production for Christian radio station WYLL-E~4 Chicago and WODC-FM Virginia Beach. Developed promotional and audience marketing concepts for introducing and making staticns mainstays in the market. On air talent with message music and inspirational jazz. Tapes and References Available Upon Request NO .._~ SEP 2 3 1997 Pg.~_.-~ TELEVISION 1994-Present Executive and Field Producer/Consultant for NCAa. College athletics with an emphasis on football working with NC3%k conferences and major network sports organizations including ABC,CBS and FOX. 19~8-Present Executive Producer/Producer for "Rising star Gospel Showcase", a weekly talent competition for Christian artists in all forms of Christian creativity primarily focusing on music. Executive Producer/Co-Producer of -pizzazz" (a magazine show for kids/, "For Kids Only" {a magazine/talk show for kids n~ed after my production company For Kids Only), "Myth In A Minute" (a series of contemporary fairy tale vignettes designed for young children), and "Tips for Teens", (a series of radio vignettes providing information on topical subjects for teens). Production/Fl~nding Consultant to various christian music groups and organizations for t~e~iSi°n production and syndication, music videos, and initial ral television production/distribution issues including the Gospel Music A~sociation, and the Broadcast Minister's Alliance. Created local origination cable channel for a group of twenty-two ministers and their respective m~nistries. Executive Producer/Producer for "On The Line" sports talk show introduced to the television and radio ~rketplace. Community Liaison for the syndication and clearance of ESSA funded programs working with the Far West Laboratory to put children's television shows independently produced on commercial televisicn. ;%ssisted with the initial clearance and syndication of the "Essence" television show. Production A~sistant/Intern for consumer news units with N~C-WF~Q and CBS-W-BBM both in Chicago producing daily and weekly consLumer news pieces. Production A~sistant for Dave Bell & Associates working on "speak Up ~erica"(variety show with Ervin "Magic" Johnson and Sarah Purcell, and "scared Straight" (an inside look at the worst ~imu~ security penitentiary in the country). Tapes and References Available Upon Request. SEP 23 F~tzgcr~d ^. Fr~'r, ~ 6'~6 Lorn Ott~ N~les, Flori~ 341.09 ~xt~'y ~t, X99'7 ~ of Colli~ ~ 3)01 East Tmmiami Trail Building F, 2~ Floor Nm.pies, Florida 34112. Att=: Sue FRson Ad.minist~tiv¢ AssLs~nt to tl~ Board Dear Ms. FLLc, on: I ~ve bo:n inform~ tl~t the Board of Co~ C~ C~~ ~ ~ a~li~fiom for a ~sifion on ~ ~gier C~ B~k ~a~ ~ ~' I ~ ~ ~' ~fom, I ~ ~b~ my ~1~ ~ f~ Y~ ~' I s~lY ~ ~t my ~~o~ ~ ~ ~'s ~~' I ~ f~d w h~g ~ you ~ ~ ~ ~' FAFXamg F. nelo~tre SEP 2 3 lgg7 Florida, 1996 New J~r~¥, 199'7 FITZGERALD A. F'RATER, E~q. 2011 River Re~ch Drive, ApL 254 Naples, Florida 34104 941-263-91'/1 F..XP~CE JOHNSON & MOUI'~ Naples. Florida, Augurer, 1996 to ~. p,.~e~ch and Liti{~.ion p~Y ~ C~i~, Com~aiou ~ ~o~ law ~S, ~ON, ROBBINS, ~ & 5~ER' P.A. HoH~, ~ofi~, ~ 1~ to May 1~. ~rc~ ~w, ~ ~ ~obate ~E ~OND B. ~Y ~D STA~ B~~ CO~T. Fort ~de~e, ~, S~, I~5. ~. R~ch~ ~ ~ot~ ~o~ ~ order; obse~ ~ prongs. NEW YO~ STATE DEP~~ OF ~W. ~-~UST B~U New York. New York. S~er. I~. ~. S~~ d~U; r~ ~ ~te ~~- ~ YO~ STATE DEP~T~ OF ~W, ~M ~GION~ O~CE. N~ York. New York, l~e 1~1 to Aunt 1~3. debt ~ll~ion; pr~e~ ~ on New York Sine ~u ~w. EDUCATION UNIVERSITY OF lvfLSJ~ SCHOOL OF LAW. CORAL GABLES FLORIDA. Juris Doctor degree. Decc-mb~r 1995. · Member. yerar Book of Intematior~l Law *Advanced Moo~ Court Cotnp¢firiOn · Phi D~lta Phi Academic Honor Fraternity · Finalist. Op~oml Moot Court Board Comp~tiou UNIVERSITY COLLEGE, LONI~N, ENGLAND. 1994 Summer Program: European Cotmramity Law and Evidence. HERBERT LEHMAN COLLEGE, BRONX. NEW YORK. Bachelor of Arts: Political Scienc.~. May 1993 ~g[B..l,,:itt~: GPA: 3.4914.0 Dean's List, four set.stets Phi Sigma Alpha Academic Honor Society SKILLS Westlaw, Lexis-Nexis, Wordperfect, Microsoft Word. no. ,/~/ .r L SEP 23 t997 ~ JOHNSON & MOUNT AT'rORNEY$-AT-LAW DATE: TO: FIRM: RE: I j ' · I NS'I'RUCTIONS: TOTAL # OF PAGES TO FOLLOW: ~AX t: ~ FAXED BY: FOR: ( ) Henry Paul Johnson ( A COPY OF TIIIS DOCUMENT (~) WILL OR ( ) Dick W. Mount, Jr. (t,") Fitz~rald Fraler ) WILL NOT FOI. J~W VIA. MAIL. 77~e information contained in this me.t~age is personal and confidential for the rea above. If you have received this roes. rage in error, p/ea.? notify us immediately refrtrn this message to tt$ l'/y mail. Thank yom ~ienr(s) named SE? 2 3 1697 j~CH~Z ~ A~sT~N 2030 XC:X::)K.EXY ~AY DR~'E. BOARD OF COLLIER COIINTY COMMISSIONEP-~ 3301 ~T TAMI3UMI TRAIL BUILDLN~ "F', ~D FLOOR N]tPLES, FLORIDA 34112 ATTENTION~ SUE FILSON, ADMINISTRATIVE A~SISTANT TO THE BOARD Dear Ms. Filson, I have been informed that the Board is currently accepting applications to fill several pending vacancies on the Collier county Black Affairs AdvisorY Board. I interested in being considered for one of these positions. Therefore, I am submitting the enclosed resume for the Board's consideration- If any questions regarding my qualifications or interest may arise, I may be reached in my office at (941) 774-8024 or at home at (941) 732-6061. In the meantime, I look forward to hearing from the Board. Sincerely, AGENDA ITEM_ SEP 23 ~7 M.ICTIEL.LE C. AUSTIN 2030 Rookery Bay DHv¢. Unit 1605 Naples, Florida 34114 (9419 732-6061 EDUCATION North Carolina C~tntl University, School of Law, Durham, Nocda Carolina. luffs Doc~, May 1995 Florida Bar Member North C.xroliaa Bat Member St~:kton Sta~ College, Pomona, New Jersey Bachelor of Arts, May 1991 HONORS/ACTIVlTI~ Collier County Bar A.~,odation; Collier County NAACP; Collier County Black Affai~ Advi.~xy Boaxd; Civil Litigation Cliaic; Cr:aninal Litigation Clkfic; Trial Advocacy Board-lnte~hool Coordiaator; Association of Trial Lawyers of America (ATLA) Member; Competitor in the National Student Trial advocacy Competition (1994); Black Law Student ~iation (BLSA); Future Attorney Cl~ll~ngi~g Elementary Stadc'nts (FACES) EXPERIENCE Assistant State Attorney, Office of the State Attorney, 20th Ju&'dal ~rauit of Florida. Colh'er County. September 1995 to present Manage an extensive criminal trial docket; conduct depo~tions and intea'view witnesses; prepare and conduct jury trials, bench trials, re, fitufion hearings and a variety of We/post trial hearings; write and file appellate briefs; prepare all legal documents necessary to maintain and facilitate efficieat and effective docket management. The criminal ~ on my docket partially include DUI; Battery; Worth~ess Checks; Trespass; Petit Theft; Pro~tution; Lewd ax)d ~ Acts; Misdemeanor Drug and Pm-a~a Cha~ges; VioLatioa of Probation Hearings and Miade~ Traffic Certified Student Attorney, North Caz'olina Central U. iver~u ~ Li~'gazion Clinic. Durtaam. North Caarolina. Januat), 1995 to May 1995 Ctn'tifmd ttn~r North Carolina's third yea~ of law school practice rule. Maaaged a Defaader's Office; represented indigent clients oo misdemeax~ cktrges; cooducted pretrial interviews of clienm m~d witnes~ prepared, filed mhd %rg~ed ptetr~l tri~i bearing3, ~tg~ed bond reduc6on motions, m~l conducu~ bench u SEP 2 3 P~.~ County Criminal Court. inlern, 7'ne United States Attorney's O~ce for The Eastern District of North Carolina, Raleigh, North Carolina. January 1995 to April 1995 A~isted the Assistant United State Attorneys ia the of~ce with preparing motions, writing app~llate briefs for the Court of Appeals, pcrform~ legal research, 6etemtion hearing and bond setting hearlmg ia the United States District Court. Adrtu'nixtrative latw Clerk, The United States Dixtrict Court For the Eastern Distri~ of North Carolina, Raleigh. North Carolina. June 1994 to August 1994 Assisu~ the Ckxk of Court in performing general admixfistrative duties; assisted in prisoner's c/vil rights pro se petitions fried w/th the Court: my duties were to scrutinize the petition for the alleged violations, dr~ the legal issues amd arguments, research the legal issues to determiae if the prisoner's arguments were frivolous, and draft the legal opinions for various judges' approval. Research Assistant, Judge A. Leon Higginbotham (former Justice of the United States Court of Appeals, 3rd Ju&'cial Circuit), Duke University, Durham. North Carolina. February 1994 to March 1994 Researched contemporary legal issues that were recently presented to the United States Supreme court; prepared and edited articles for publications; re:~eaxched issues for oral argumeats in the Court of Appea~ for Judge Higginbotham. Intern, North State Legal Services, Hillisborough. North Carolina. August 1993 to April 1994 Conducted initial client interviews; prepared opening and closing memos for slaff attorneys and the clients' files; researched various legal issues and ~ in writing appellate briefs; prepared administered wills for indigent clients. Case Adminiatrator, The United &ate Bankruptcy Court, Newark, New Jersey. January 1992 to August 1992 Managed Chapter 7 and Chapter 13 Cas~; opened cas~; ~cheduled bearing dat~; docketed decumeats; uprated case status; proces~ aecessary documents for completion of cases; and closed cases. Adoption Social Worker, Mission of the Immaculate I/irgin, Staten Island, New York. May 1991 to December 1991 Managed the adoption process for children ~ on a case load which ranged from 17-22 families; supervised the pre-adoption process and the after-adoption adjustment of the children and their families. ------- SEP 2 3 Igg7 Pg · ~_.~_.~ DATE: TO: FROM: Mey 19, 1997 Miclmllc Edwerds, Assirtant to tl~ Counter Sue ~:il~n, Admiaistx~v~ ~-'/ ' Boar~ of CoutW/Commi~ Black Affaixa Advisory Board As you know, w~ currently have vacanciea on thc above-ref~ Mvisory committee. A press release was issued r~questing citizens interested in serving on this committee to ~ubmit a resume for consideration. I have attached the resumes received for your rcview as follows: Douglas L. Wilaon 680 Sanctuary Road Naples, FL 34120 Please let mc know, in writing, thc recommendation of the advisory commit, ce for ag~ointment and I will prepare an executive nmunary for thc Board's consideration. Please categorize tbe applicants in areas of expertise. If you have any questions, please call me at 774-8097. Thank you for your attention to this matter. SF Attachments AG£ND3 ITEJ~ Nc) SEP 2 3 1997 Pg .~ Douglas k. Wilson The Wilson Law Firm 610 Sanctuary' Road N~Ies, Florida 341204833' Interact: wiLson(~pep,neccom RECEIVED AP~ 2 ~. 1997 8oarc of County Comissione-~ (941) 657-5003 Alxi! i s, 1997 Sue FiLson, Administrative Assis~mt Board of Collier County Commissioners 3301 East Tamiami Trail Naples, FL 34112-4977 Re: Black Affairs Advisory Board Dear Ms. Filson: Attached is my resume as you requested in your letter of April i 1, 1997. I do wish to be re-appointed to thc Black Affairs Advisory Board. Sincerely, cc: Henry Tribble AGENDA_ ITEtq SEP 2 3 ]997 The Wil~n Law Firm Douglas L. Wilson, Attorney N~I~., Fl. ~4120.4137 (941) 657-5003 ~ ~ nx (800) 380-5751 Special Expe~e The WNson Law Firm limits its practice to civil rights and employmem law. Mr. W'~son litig~d his tint employment discrimia~on case in leda-al court 1971 and argued Ixis first federal appeal in 1972. Ia thc l~st ~.,-ven years 1~ practice has coasisted cutirc~ of civil rights and employment cas~, in both state and federal eourt~ ~d before ~ bodie~ ranging fi'om ghool boards to the U.S. Merit Protection Board. He has argued civil dghts issu~ before the U.S. Court ofAppeals, ~ Ires appetred in ~m ~ before the U.S. Sulmagme Court. He is a cooperating attorney with the American Civil Ia'bertie~ Union. Mr. Background, Training and Experience Mr. Wilson was bom in 1941 and took his B.A. and LD. degrees ~t the University of Arkansas. He was aflmitted to the bar of Arkaasas in 1970andthe bm-of Florida in 1992. He was admitted to the federal court bm' in 1971, the bar ofthe U.S. Court of Agpe~ for the Eigl~th Circuit in 1972, the bxr of the United Stxt~ Supreme Cou~ in 1974, the I~r of the Middle mad Southern D/striet~ ofF'lO in 1993, mci the U.S. Couxt of Appeals for the Eleventh Circuit in 1993. EXECUTIVE SUbibIARY PE1TUON: PUD-94-7 (1), BARBARA H. CAWLEY OF WILSON, MILLER, BARTON & PEEK, INC., REPRES~G OUTD(~R RF~ORTS OF AMERICA, REQUESTING AN AMENDMENT TO THE 'LAURELWOOD' PLANNED UNIT DI/VELOPMEKT THROUGH A 'PUD TO PUD~ PLANNED UNTI' DLrVE[~~ P,F. TX)NING ACTION HAVING TIlE EFFECT OF DELETING TH~ RF.S~~ DWELLING TYYF~ AND ADDING MOTORCOACH ~TIONAL VEHICLE UNITS AS A PERM]TTED USE, REPLACING CHANGD4G THE NAM~ OF THE PUD TO OIYITX)OR ~RTS OF NAPLES, THE MOTORCOACH COUNTRY CLUB, AND REVISING THE MASTER PLAN, FOR PROPERTY LOCATED ON THE SOUTH SIDE OF IMMOKALEE ROAD AND APPROXIMATELY ONEHALF MILE WEST OF CR-951 IN SECTION 27, TOWNSHIP 48 SOIY/'H, RANGE 26 EAST, COLLIER COUNTY, FLORIDA AND CONTAINS 78 ACRES MORE OR LESS. This petition seeks to amend the Laurelwood PUD through a PUD to PUD Planned Unit Development rezoning action to change the permitted uses as noted above. CONSIDERATIONS: The existing development is currently approved for 465 dwelling units and contains 78 acres. This results in a density of 6 dwelling units pex acre. The currently approved residential Uact is comprised of approximately 58.3 acres while the lakes and fight-of-way total 19.7 acres. The petitioner irxtica~ that current owner has had difficulty in marketing and developing this PUD dnce it's ~/~q:woval in 1994, therefore the ~ite remains undeveloped. The petitioner also states tha~ there is dem~! for upscale motorcoach developments in this are. a~ As a result, the petitioner proposes to modify the PUD document and master plan to replace the 465 residential units with the same number ofmotorcoach lots on a 46 acre tract. The proposed PUD will also provide 15.5 acres for a golf course and clubhouse facility. The revised PUD is also designed mound 11.69 acres ofhkes and 4.43 acres of buff'er areas. Thc subject PUD is entirely located within the ~-Mixed Use-Urban Residentially designated area. This designation authorize~ all manner of housing ~a'uctm-e type~ including recreational vehicles, and · ccessory and ~x)rting land uses such ~s boardwalks ~ natme trails. Aside from any vested r~lationships, consistency with applicable elements of the GMP is as follows: ~ The proposed motorcoach density of 6.3 units per ~cre is consistent with the Future Land Use Element which stales that Travel Trailer Recre~onal Vehicle Parks (TTRVC) shall be allowed at ~, density consistent with the Land Development Code (LEK2). Since Section 2.2.11 of the LDC provides for a maximum density of 13Y. d~ (12) RV units per acre, the requested 6 motorcoach units per acre is well below the maximum of 12 the project could receive, therefore, this petition is consistent with the Growth Management Plan. Since the L~urelwood pud is als~ density band, the Board of County Commissioners had approved an increase oftwo 3) additional dwelling units per acre for a total of 6 residential dwelling units per ao located within a SEP 2 3 1997 eligible density for th~s area would be 7 residential dwelling un, ts per ·crc. It should be uoted that the Growth Management Plan indicates that a recreational vehicle park is · non-residential land use and is not subject to the density rating system as noted above. Since recreational vehicles have a lower trip generation rate and a lower demand on utilities than conventional housing, they are permitted at a maximum of 12 units per acre, However, due to the size and nature of' the recreational vehicles, staffis only supportive of 465 motorcoach lots which results in the same density (6 units per acre) as the currently approved Laurelwood PUD. ~ The traffic impact review indicates that the proposed amendment will generate approximately 2,511 trips on a weekday for 465 recreational vehicle lots. This represents a ~ of 787 ~ps per day less than the amount of ~ps currently approved when the property was first rezoned to a r~idential PUD. As a result, the proposed amendment doesn't exceed the significance test on any roadway segment w/thin the project's radius of development influence (RDI). In addition, Immokalee Road is currently a 2 lane arterial road fronting the project. The current traffic count for this segment is 16,223 AADT which results in LOS "B" operation. This road W/II provide direct access for recreational vehicles from 1-75 interchange. Applicable £1ernents~ Staff review indicates that this petition has been designed to account for the necessary relationships dictated by the Growth Management Plan (GMP). Mitigation measures and stipulations have been developed (where appropriate) to ensure consistency with the G?v~ during the permitting process. Development permitted by the approval of this petition will be subject to a concurrency review under the provisions of Section 3.15 of the Collier County Land Development Code, Adequate Public Facilities, at the earliest or the next to occur of either Final SDP approval, final plat approval, or building permit applicable to this development. Therefore, th. is proposed pUD amendment is consistent with the goals and policies of the GIVI;P. Staff has concluded that no level of service standards will be adversely affected by th~s amendment. Appropriate mitigation measures and stipulations w/Il assure that the County's interests are maintained. Consistency w/th the goals, objectives and policies of other applicable elements of the GiVIP and level of service relationships are to be achieved by stipulations and/or development commitments made a part of the approval of this development order. Because the proposed motorcoach development is deemed a ~ use in the Gh/P, the GIVlP requires that all travel trailer recreational vehicle developments meet the following criteria: 1. The site shall have direct access to an arterial road; 2. The proposed density shall be consistent w/th the density outlined in the TTRVC Zoning District; 3. the use is compatible w/th surrounding la.nd. Since the PUD fronts on CR-846 (an arterial road) and the project density of 6 units per density per'miRed ' . . acre significantly less than the tn the 'f'I"RVC d~stnct, the proposed amendment is consistent w/th the first two criteria_ In regards to compatibility, the subject site near a proposed High School (under construction) to the west. To the north is Immokalee Road and a small C-5 commercial area. To the east is the Richland PUD which permits residential uses at 5 units per acre along w/th 150,000 square feet of commercial uses which are also · non-residential uses. To the south is undeveloped land that is zoned agriculture. In addition, the project is also located w/thin a mile of the Crystal Lake RV Resort pud which is a half mile south of I~,-,.~-,~ D^.., ..= develop the motomoach lots around golf course, the Dror, nsed ,4,,,,;~ ___J .~ ' ~../ [ SEP g :~ 19@7 |. requirements ~ provides an up-scale amenity. Furthermore, the I$ foot wide buffer strip with an opaque wall w/Il be provided on the east, west and south property boundaries. A 20 foot wide buffer and wall with landscaping will create a visual screen between knmokalee Road and the motorcoach lots. Therefore, th/s p~tion should not have any adverse impact on the surrounding area. Bared on the above rcfctenced analysis, staff is of the opiaion that this amendment is compatible with the surromxfing land u~es, and will not have an attver~e impact on any level of service ramdazd. Thc Collier County Planning Commission heard th/s petition on August 21, 1997. They unanimously recorranended approval of this petition by a 7 to 0 vote. Two perso~ spoke ia opposition to this petition. They expressed concerns that the project would not be compatible with the adjacent properties. As ,, result of this discu~ion, the Planning Commission ~pulated that the proposed opaque wall be increased to 8 feet in height along thc ~ast, we~t and wuth lm)p=ty l/ne~ 'within thc 15 foot landt~..~e buff'=. In add/tion~ thc CCPC aired w/th gaff'l request to reduce thc originally proposed 488 motorcoach lots (6.3 units per acre) to 465 motorcoach lots which results in the same density as the curr~tly approved Laurelwood PUD. FISCAL IMPACT: None. GROWTH MANAGEMENT IMPACT: Approval of this amendment to thc Laurelwood PUD Document and Master Plan doe~ not change thc original development ia terms of density, howcver thc change from conventional housing to recreational motorcoach lots is a change in land use, however, the proposed use is permitted in the FLUE and is less intensive than the currently approved PUD. Therefore, this amendment will not have an adverse impact on the Grow'& Management Plan. HISTORIC/ARCHAEOLOGICAL IMPACT: Staff's analyds indicates that the petitioner's prop~-rty is located outside an area of historical and archaeological probability as refcrenced on the o~cial Collier County Probability Map. Therefore, no HistoricaYArcbaeological Survey and Asserament is require. PI. ANNLNG COMMISSION RECOM34ENDATION: That Petition PLrD-94-7 (1) be approved as de~-n'ibed by the Ordinance of Adoption and Exlxibits thereto made a pan oftl~s executive sununa~ submission. SEP g 3 1997 PRXNC~AL PI..ARU~, R REVIEWED BY: DONALD W. ARNOLD, AICP DIRECFOR vir~U~.,NT A~ CAUTERO, ADMINISTRATOR DATE COMMUNITy DEV. AND ENVIRONMI~ SVCS. DATE SEP ~ $ AGENDA ITEM 7-H ,%IEMOR. ANDL~! TO: FROM: DATE: RE: COLLIER COUNTY PLANNING COMMISSION COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES JULY 24, 1997 PETITION NO: PLrD-94-7 (I), LAURELWOOD PUD AGENT/APPLI CANT: Agent: Owner: Barbara H. Cawley Wilson, Miller, Bar~on & Peek. Inc. 3200 Bailey Lane, Suite 200 Naples, Florida 34105 Outdoor Resorts of America (Contract Purchaser) Randell Henderson, President 2400 Crest'moor Road Nashville, Tennessee 37215 GEOGRAPIFIC LOCATIO~.~ The subject property is located on the south side of Immokalee Road (CR-846) and approximately % mile west of CR-951 in Section 27, Township 48 South, Range 26 East. (See illustration on following page) REOUESTED AC]qON/ The petitioner is requesting a rezone from PUD to PUD for the purposes of amending the Laurelwood Planned Unit Development (pUD) and Master Plan by changing the name of the PUD to Outdoor Resorts of Naples, The Motorcoach Country Club PUD, amending the ownership, deleting all residential dwelling types and replacing them with motorcoach (recreational vehicle) units as a pennitted use, replacing the 465 maximum number of residential units with a maximum of 488 motorcoach lots, and revising the master plan. PURPOSF-fDESCRIPTION OF PROJECTi The existing currently consists of 78 acres and is approved for 465 dwelling units. This results in a density of 6 dwelling units per acre. The currently approved residential tract is comprised of approximately 58.3 acres while the lakes and right-of-way total 19.7 acres. The m:tilJo~z ....... indicates that owner has had difficulty in marketing and developing this PUD s~ ce n'~ [ 'SEP Z 3 997 SEP ~ 3 1~7 PUD. in 1994. The pemioner also states that there is demand for upscale motorcoach developments m this area. As a result, the petitioner proposes to modify the PUD document and master plan to replace the 46.5 residential units with 488 motorcoach lots on a 46 acre tract. The proposed PUD will also provide 1.5.:5 acres for a golf course and clubhouse facility. The revised PUD is also designed around 11.69 acres of lakes and 4.43 acres of buffer areas. However, due to the size and nature of the recreational vehicles and the fact that the existing density is approved for only 46:5 units, the proposed 488 motorcoach lots represents an increase to the intensity of development based on pure numbers of approved units. As is noted above, the current approved density is 6 dwelling umts per acre. Therefore, staff is only supportive of 46:5 motorcoach lots which results in the same density as the currently approved Laurelwood PUD. Existing Conditions: The subject site is undeveloped and is zoned PUD Surrounding: North: East: South: West: -CR-846 and partially developed residential: Zoned: "Agriculture''. - Undeveloped; Zoned Richland PUD (5 units per acre & 150,00 square feet of Commercial). -Undeveloped: Zoned: "Agriculture". -High School (under construction}; Zoned: "Agriculture". This petition has been reviewed by the appropriate staff for compliance w,h the applicable elements of the Growth Management Plan. as noted below: ~ The proposed motorcoach density of 6.3 units per acre is consistent with the Future Land Use Element which states that Travel Trailer Recreational Vehicle Parks (TTRVC) shall be allowed at a density consistent with the Land Development Code (LDC). Since Section 2.2.11 of the LDC provides for a maximum density of ~'elve (12) RV units per acre. the requested 6.3 motorcoach or recreational vehicle units per acre is well below the maximum the project could receive, therefore, this petition is consistent with the Growth Management Plan. Because the existing PUD is located within a density band, the Board of County Commissionen had approved an increase of two (out of a possible 3) additional dwelling units per acre for a total of 6 residential dwelling units per acre. The maximum density for this area would be 7 residential dwelling units per acre. It should be noted that the Growth Management Plan indicates that a recreational vehicle park is a non-resldenti''! land use ,,nd is not subject to the density rating system ''s noted above. However, due to the size and nature of the recreational vehicles, staff is only supportive of 465 motorcoach lots which results in the same density as the currently approved Laurelwood pUD. ~ The traffic impact review indicates that the propose~ will generate approximately 2,648 trips on a weekday for 488 recreational vehi represents a ~ of 650 trips per day less than the amount of trips currently a ~roved when SEP 2 ~, 1997 the property was first rezoned to a residential PUD. As a result, thc proposed amendment doesn't exceed the significance lest on any roadway segment within the prOject's radius of development influence (RDI). In addition, Immokalee Road is currently a 2 lane arterial road fronling the project. 'l'he current traffic count for this segment is 16,223 AADT which results in LOS "B" operation. This road will provide direct access for recreational vehicles from !-'/$. ,~ Staff review indicates that this petition has been designed to account for the necessary rclationships dictated by the Growth Management Plan (GMP). Mitigatmn measures and stipulations have been developed (where appropriate) to ensure consistency with the GMP during the permitting process. Development permitted by the approval of this petition will be subject to a concurTency review under the provisions of Section 3.15 of the Collier County Land Development Code, Adequate Public Facilities, at the earliest or the next to occur of either Final SDP approval, final plat approval, or building permit applicable to this development. Therefore, this proposed PUD amendment is consistent with the goals and policies of the GMP. Staff has concluded that no level of service standards will be adversely affected by this amendment. Appropriate miugation measures and stipulations will assure that the County's interests are maintained. Consistency with the goals, objectives and policies of other applicable elements of the GMP and level of service relationships are to be achieved by stipulations and/or development commitments made a part of the approval of this development order. N'N N V N' N% N'N N N N' N This petition was referred to all appropriate County agencies for their review. Since no level of service (LOS) standard will be adversely affected by this amendment, these agencies have recommended approval subject to appropriate stipulations that are consistent with the Land Development Code and have been incorporated into the PUD document. The Transportatton Department has stipulaled that any land required for right-of-way shall be the subject of a Developer Contribution Agreement as set forth in Ordinance 92-22, as amended. Also, road impact fee credits, if applicable, shall be restricted to this project and shall not be transferable. The purpose of this petition is to amend the Laurelwood PUD even though the process is one of rezoning the land from "PUD" lo "PUD". The intent is to achieve a level of administrative convenience because it avoids the requirement to track amendments and their relationship to the original document in order to understand the totality of the regulations as they apply to the PUD zoning district. For this reason staff is 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 subject PUD was based upon a preponderance of evidence and conditions which supported the required findings for PUD rezoning actions. The petitioner states that the proposed changes are intended lo meet the growing demand for a resort area for recreational vehicles. As a result, the petitioner is proposing to amend the permitted uses to allow for motorcoach lots and a country club facility that is built around a golf¢ou~_.~a buffer areas as depicted on the master plan. The subjeel site provides fora conveni4dt' recreational vehicles from 1-75 and from CR-951. In addition, this PUD amend4ent will not SEP g 3 1997 adversely impact any level of service standard and is consislent with the Growth Management Plan. A compatibility study conducted by staff indicates that the proposed amendment will reduce the site generated traffic while the project density remains consistent with the GMP. However, thc proposed motorcoach dcvclopment is deemed a ~ use in the GMP. As a result, the GMP requires that all travel trailer recreational vehicle developments meet the following criteria, l, The site has direct access to an arterial road; 2. The proposed density is consistent with the density outlined in the TT'RVC Zoning Dis1:riet; 3. the use is compatible with surrounding land. Since the PUD fronts on CR-846 (an arterial road) and the project density of 6.3 units per acre significantly less than the density permitted in the TTRVC district, the proposed amendment is consistent with the first two criteria. In regards to compatibility, the PUD abuts a High School (under construction) to the west and Immokalee Road to the north. To the east is the Richland PUD which permits residential uses at 5 units per acre along with 150,000 square feet of commercial which is also a non-residential use. To the south is undeveloped land that is zoned agriculture. In addition, the prOJect is also located within a mile of the Crystal Lake RV Resort PUD which is a half mile south of Immokalee Road on CR-951. Because the petitioner proposed to develop the motorcoach lots around the golf course, the proposed design will meet the open space requ;rements and provides an up-scale amenity. Furthermore, the 15 foot wide buffer strip with an opaque wall will be provided on the east, west and south property boundaries. A 20 foot wide buffer and wall with landscaping will create a visual screen between Immokalee Road and the motorcoach lots. Therefore, this petition should not have any adverse impact on the surrounding area. Based on the above referenced analysis, staff is of the opinion that this amendment is compatible with the surrounding land uses, and will not have an adverse impact on any level of service standard. However, due to the size and nature of the recreational vehicles and the fact that the existing density is approved only 465 units, the proposed 488 motorcoach lots represents an increase in the intensity of development based on pure numbers of approved units. As is noted above, the current approved density is 6 dwelling units per acre. Therefore, staff is only supportive of 465 motorcoach lots which results in the same density as the currently approved Laurelwood PUD. Staff recommends that the Collier County Planning Commission forward Petition PUD-94-7 (1) to the Board of County Commissioners with a recommendation for approval subject to the approval conditions that have been incorporated into the PUD document plus the stipulation that the project be limited to 465 motorcoach lots and a density of 6 units per acre. SEP 2 3 1997 PREPARED BY~ , PRINC~AL PLANNER ROBERT J. MULHERE, AICP ~] DONALD W. ARNOLD, AICP ENT DIRECTOR ~TRATOR COMMUNIT~ DEV. AND ENVIRONMENTAL SVCS. StaffRcpoH for the August 21, 1997 CCPC meeting. DATE DATE COLLIER COUNTY PL ,.AN~COMMISSION: .-------~ · . .~'A~' / , MICHAEL A. DAVIS, CHAIRMAN RVB/rb/STAFF REPORT/PUD-94-7 (1) SEP 2 ~ 1997 ': APPLICATION FOR PUBLIC HEARING FOR PUD AMENDMENT/DO AMENDMENT COMMUNITY DEVELOPMENT DIVISION PLANNING SERVICES Name of Applicant(s) ~ Applicant'_~ Mailing Address ~ City ~ State .__.TN_~ Zip ~ Applicant's Telephone Number: ~ Is the applicant the owner of the subject property? .__X_.._ Yes ~ (a) -_X_Co) ~ (c) ~ (d) ~ (e) ~ No If applicant is a land trust, so indicate and name beneficiaries below. If applicant is corporation other than a public corporation, so indicate and name officers and major stockholders below. If applicant is a partnership, limited partnership or other business entity, so indicate and name principals below. If applicant is an owner, indicate exactly as recorded, and list ali other owners, if any. If applicant is a lessee, attach copy of lease, and indicate actual owners if not indicated on the lease. (0 If applicant is a contract purchaser, attach copy of contract, and indicate actual owner(s) name and adch~ss below. Name of Agent Finn Agent's Mailing Address -~a?,l~u~l~g.I.,~~ city ~ state __~ Agent's Telephone Number: ~ PUD Ordinance and Number: ~ Detailed legal description of the propetny covered by the applica~on fff ~aee 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 disa-i~ if property is odd-shaped, submit five (5) copies of survey; 1" to 400' scale). The applicant is responsible for supplying the correct legal description. If questions arise concerning the legal description, an engineer's certification shall be required. Section __2.2___- Township _~ Range ~ Address or location of subject property: ' ' ' Does property owncr 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.) Type of Amendment: ~ A. PUD Document Language Amendment ___x_ .B. PUD Master Plan Amendment ~ C. Development Order Language Amen(knent Does amendment comply with the comprehensive plan: ~ Yes ~No Has a public hearing been held on this property within the last year? If so, in whos~ name? If no, exptain: 00/25/6? ~ 15:$0 FA.X 041 ~43 S716 WIL30~ 10. any portion of the PUD I~.~n ~ ~ for ~c s~ ~ n~.) ' ~ h~g; ~ ~ ~ o~ s~l~ h~t md ~e to ~e b~ of my ~owl~Ge ~ ~lief. I ~~ ~ ~li~ m~ complete md ~m ~[~ ~ h~ cm ~ ~v~ I ~c ~t ~e ~d~ ~ act ~ my B~ ~ ~wley, ~CP STATE OF FLOKIDA COUNTY OF COLLIER TI~ fore$oin8 Applic~ion ~ ~cknowiec~ecl before m~ this _c~.~"'~y of~ 1997, by _ p,~,~_n T~,~on , who i~ p=3onally ~ ~ mc ~ ~o ~ ~ ..- (Signature ofNcx~y l~btic) SEP 2 3 1997 2 4 6 '7 9 10 14 16 19 2O 21 22 23 24 25 26 2~ AN ORDINAIqCE AMENDING ORDINANCE NUMBER 91-102, THE COLLIER COUNTY LAND DEVELOPMENT cODE, WHICH INCLUDES THE COMPREHENSIVE ZONING REGU~TIO~IS FOR THE Ut~INCORPOPATED AR~ OF COLLIER COUNTY, FLORIDA, BY ~ENDING THE OFFICI~ ZONING ATLAS ~P NUMBERED 8627N BY C~GING THE ZONING C~sSIFICATION OF THE HEREIN DESCRIBED R~L PROPERTY FROM "PUD" TO "PUD" p~NED UNIT DEVELOPMENT KNO~ AS ~uRELW~D, FOR pROEERTY L~ATED ON THE SOUTH SI~E OF I~O~EE ROAD (C.~. 846) APPROXX~TELY h MILE WEST OF THE INTERSECTION OF C.R. 951 ~D I~OF~EE ROAD, IN SECTION 27, TO, SHIP 48 SOUTH, ~NGE 26 ~ST, COLLIER cOUNTY, ~RXDA, CONSISTING OF 78 AC~ES MORE OR LESS; p~oVIDING FOR THE ~EP~ OF ORDIN~CE NUMBER 94-63, AS ~ENDED, THE LAURELW~D PUD; ~ND BY pROVIDING EFFE~IVE DATE. 28 WHEREAS, Barbara H. Cawley, AICP of Wilson, Miller, Barton & 29 Peek, Inc., representing Outdoor Rre~orts of ~.r. erica, petitioned the 30 Board of County Cor,~issioners to chanqe the zcnin~ classification of ~-~ ~ real property; 3t the herein des .... trow THEREFORE 5E IT ORDAINED BY THE 5OABD OF COU::TY CO.-~24ISSIONERS 33 OF COLLIER COUNTY, FLORIDA; 34 SEC?IO 35 The Zoning Classification of the herein described real property 36 located in Section 27, Township 48 South, Range 26 East, Collier 37 County, Florida, is changed from "PUD" to 'PUD" Planned Unit 35 Development in accordance with the PUD Document, attached hereto as 39 Exhibit "A", which is incorporated herein and by reference made part 40 hereof. The official Zoning Atlas Map nu~ered 8627N, as described 4! in Ordinance Nu~er 91-102, the Collier County Land Development Code, 42 is hereby amended accordingly. 43 SECTION TWO: . 44 Ordinance Nut,bet 94-63, as amended, known as the Laurelwood PUD, 45 adopted on Dece~er 13, 1994 by the Board of County Co~issioners of 46 collier County, is hereby repealed in its entirety. .-m4 . . o. .... - ...... . :...... _.. ...-..-.-'..~. ';..--- ~. . SECTION THREE: This Ordinance shall become effective upon filing with the department of State. PASSED AND DULY ADOPTED by the Board of County Corm~issioners of Collier County, rlo£ida, this __ day of , 1997, 7 ATTEST: $ DWIGHT E. [~ROCK, Clerk 9 tO 12 13 Approved as to Form and 14 Legal Sufficiency lg Marjori~ M. Student ~9 Assistant County Attorney ~0 BOARD OF COUNTY CO~2~ISSIONERS COLLIER COUNTY, FLORIDA BY: TIMOTHY L. HANCOCK, C.h. airman -2- OUTDOOR RESORTS OF NAPLES THE MOTORCOACH cOUNTY CLUB (Formerb' Laurelwood) A PLANNED UI~TI' DEVELOPN~ENT · 78 Acre~ Located in Section 27, Township 48 South, Range 26 East, Collier County, Florida PREPARED FOR: OUTDOOR RESORTS OF A~MERICA 2400 Crestmoor Road Nashville, Tennessee 31215 pREPARED BY: WILSON, bIILLER, BARTON & PEEK, Wilson Professional Center 3200 Bailey Lane, Suite 200 Naples, Florida 34119 DATE FILED:__7..Q.9.Lg--~- DATE APPROVED BY CCPC:.._JMJ-TZ~ DATE APPROVED BY BCC:___tiLD2~ ORDINANCE NUMBEK:~ AMENDMENT FILED ~ DATE APPROVED BY CCPC:~ DATE APPROVED BY BCC:___------ ORDINANCE NUMBEK~ I SIP 2 ~, 1997' TABLE OF CONTENTS LIST OF EXHIBITS AND TABLES STATEMENT OF COMPLIANCE AND SHORT TITLE SECTION I SECTION II SECTION III SECTION IV SECTION V PROPERTY O\VNERSHIP AND DESCKIPTION PROJECT DEVELOPMENT MOTORCOACH VEHICLE GOLF COURSE GENERAL DEVELOPMZ-NT COMMI~S II1 1-1 2-1 3-1 4-1 5-1 SEP g 3 1997 LIST OF EXHIBITS EXHIBIT A EXHIBIT B PUD MASTER PLAN AND VICINITY MAP (WMB&?, Inc. File No. RZ-254). MAP OF BOUNDAKY & TOPOGRAPHIC SURVEY (WMB&P, Inc. File No. 5L-227) STATEMENT OF COblPLIANCE The purpose of this section is to express the intent of Outdoor Resorts of America hereinafter referred to as the Developer, to amend the approved Lau.relwood PUD and rename it the OUTDOOR RESORTS OF NAPLES, A MOTORCOACH COUNTY CLUB Planned Unit Development (PUD) on 78--. acres of land located in Section 27, Township 48 South, Range 26 East, Collier Count),, Florida. The development of OUTDOOR RESORTS OF NAPLES, A MOTORCOACH COUNTY CLUB as a PUD x~4/l be in compliance with the planning goals and objectives of Collier Count)' as set forth in the Growth Management Plan. The development ',,,'ill be consistent with the growth policies and land development regulations adopted thereunder of the Growth Management Plan Future Land Use Element (FLUE) and other applicable regulations for the following reasons: The subject property, is within the Urban Residential Land Use Designation as identified on the Future Land Use Map as required in Objective I of the FLUE of the Collier Count]..' Growth Management Plan. The project is located in the Urban Desi~ated area of the Count)' and meets the criteria under the Future Land Use Element since it has direct access to a road classified as an arterial and it is compatible with the surrounding land uses. The proposed densit)' of OUTDOOR RESORTS OF N.~PLES, A MOTORCOACH COU.~TY CLUB PUD is 6 units per acre xvkich is less the max.imm density permined by the FLUE Density Rating System (Section 5.4 of the Gro~slh Management Plan) which allows Travel Trailer Recreation VeNcle Parks to de`.'elop at a density, consistent With the Zoning Ordinance. The base densit)' under the Travel Trailer-Recreational Vehicle Campground (TTRVC) District in Section 2.2.11 of the Collier County Land Development Code, x~Nch is a comparable district to the proposed motorcoach vehicle use, is twel`.'e (12) recreation vehicle units per acre. Additionally, the property, is located wifffin an activity center density band which contemplates a higher residential densities than other locations witNn the count)'. The proposed 465 motor veNcle lots on the 78 acre site results in a densit)' of six point three (6) units per acre well below the ma.ximum permissible densi~' of 12 units per acre and is, therefore, consistent with the Growth Management Plan, FLUE Policy 5.1. The project de`.'elopment is compatible and complementao' to existing and future surrounding land uses as required in Policy 5.4 of the Future Land Use Element. 5. Improvements are planned to be in compliance v. ith applicable land development regulations as set forth in Objective 3 ofthe Future Land Use Element. Element. The project development ,.'.'ill result in an efficient and economical extension of community facilities and sen'ices as required in Policies 3.l.h and 3.1.1 of the Future Land Use 1/27/97- W..04 ?K)001 iii SEP 2 3 1997 P~. ~ 7. The pnoject will be sera'ed by a complete range of se~'ices and'utilities as approved by the County.'. SHORT TITLE This ordimmce shall be known and cited as the "OUTDOOR RESORTS OF NAPLES, A MOTORCOACH COUNTY CLUB, PLANNED UNIT DEVELOPMENT ORDINANCE." iv SEP 2 3 1997 1.1 1.2 1.3 1.4 SECTION I PROPERTY OWNERSItlP AND DESCRIPTION The purpose of this section is to set forth the location and o~vnership of the property, and to describe the existing condition of the property proposed to be developed under the project name of OUTDOOR RESORTS OF NAPLES, A MOTORCOACH COUNTY CLUB. The subject property being approxirnately 78 acres, is described as: The east 1/2 of the northwest %, less We north 100 feet of Section 27, Town_ship 48 South, Range 26 East, Collier Count)', Florida. The subject property is currently under a sales contract to Outdoor Resorts of America, Inc. A. The project is located on the south side of Immokalee Road (C.R. 846), approximately i/~ west of the intersection of C.R. 951 and Immokalee Road. It is bordered on the east by Richland PUD, a mixed use commercial and residential development. It is bordered to the west and south by agriculturally zoned farmed land. To the north, across Immokalee Road lies agriculturally zoned land. B. The zoning classification of the subject property prior to the date of this PUT) Amendment was PUD for a rrfixed use residential development. C. Elevations within the site range from --+.13.1 NGVD to '=13.6 NGVD above mean sea level. Per FIRM Map 120067 0215D, the subject property lies in Zone X. The property is in a Category 4 Hurricane Vulnerability Zone according to the Southwest Florida Regional Planning Council's SLOSH maps. D. The site has been altered tkrough past and current agricultural uses and therefore, granted a waiver of the requirement of submittal of an Environmental Impact Statement (ELS). E. The project site is located within the Harvey Canal Basin depicted within the Collier · ' e M (revised September, 1993). The general suttee p~~ County Dramag ap · C ...... ~-r discharge into the Golden Gate Clmal. ,o. ~ are being &vetted to me soum lO ~ / 1-1 SECTION II PROJECT DEN~LOPMENT 2.1 2.2 Thc p,arpose of this Section is to generally describe the project plan of development for OUTDOOR RESORTS OF 'NAPLES, A MOTORCOACH COUNTY CLUB, and to identify relationships to applicable County ordinances, policies, and procedures. 2.3 A. Regulations for development of OUTDOOR RESORTS OF NAPLES, A MOTORCOACH COUNTY CLUB shall be in accordance with the contents of this document, PUD-Planned Unit Development District and other applicable sections and parts of the Collier County Land Development Code and Growth Management Plan in effect at the time of' issuance of any development order which authorizes the construction of improvement~. These include, but are not limited to, Final Subdivision Plat, Final Site Development Plan, Excavation Permit and Preliminar,y Work Authorization. Where this Planned Unit Development Document fails to provide developmental standards, then the provisions of the most similar district or requirement in the Collier County. Land Development Code shall apply. B. Unless otherx~Sse defined herein, er as necessarily implied by context, the definitions of all terms shall be the same as the definitions set forth in the Collier Count' Land Development Code in effect at the time of development order application. These applications include, but are not limited to, Final Subdivision Plat, Final Site Development Plan, Excavation Permit and Preliminary' Work Authorization. C. Development permitted by the approval of this petition will be subject to a concurrency review under the Adequate Public Facilities Ordinance Article 3. Division 3.15 of the Collier CountS' Land Development Code. D. All conditions imposed herein or contained on the Master Plan for OUTDOOR RESORTS OF NAPLES, A MOTORCOACH COUNTY CLUB PUD are part of the regulations which govern the manner in which the site may be developed. ~OJECT PLAN AN-D PROPOSED LAND USES The project Master Plan, including layout of streets and use of land for various tracts, is illustrated graphically by Exhibit "A", PUD Master Plan, (WMB&P, Inc. File No. RZ-254). Variations to land use designations and acreage within the project may be permitted at final design to accommodate vegetation, encroaclunents, utilities, market conditions, and other un. foreseen site conditions. The specific location, size, and configuratiol°f AG£NOA SEP 2 3 1997 2-1 . p~. 2.4 2.5 tracts shall be determined at the time of site development plan approval in accordance xxfth Article 3 Division 3.3 of the Collier County Land Development Code, or its successor provision. A maximum of 465 motorcoach lots shall be constructed in proiecl areas indicated as ,Motorcoach Lots' on the PUD Maser Plan. The gross project density for the development will be approximately 6 motorcoach lots per acre· Roads and other iztfras~mcture will be private. The Developer, bis successors or assi_~nee reserves the right to request substitutions to Code design standards in accordance x~-ith Section 3.2.7.2 of the Collier County Land Development Code. The Developer shall create appropriate homeowner associations which ~511 be responsible for maintaining the roads, streets, drainage, and water and sewer improvements where such systems are not dedicated to the County- 2.6 2.7 2.8 Sidexx'alks, bike paths and bikelanes shall not be provided zdjacent to the motorcoach lots xxithin t3xis PUD. An alternative design utilizing golf cart paths for such facilities shall be p~rovided at the time of Preliminary Subdivision Plat in accordance with Section ~.2.8.3.17.5 of the Collier Count' Land Development Code. Sidewalks shall be provided around the clubhouse faciliv..'. The lake setback requirements described in Article 3, Division 3.5, Section 3.5.7.1 of the Collier County Land Development Code may be reduced x~fith the administrative approval of the Collier Count5' Development Ser~'ices Director. All lakes greater than two (2) acres may be excavated to the maximum excavation depths set forth in Section 3.5.?.3.!., subject to meeting the County fetch formula controlling maximum depth; however, removal of fill from oUTDOOR RESORTS OF NAPLES, A MOTORCOACH COUNTY CLUB shall be limited to an amount up to 10 percent (to a maximum of 20,000 cubic yards) of the total · , · '' received. volume excavated unless a commercml exca~ auon perrmt ts Utilization of the rights-of-way and easements for landscaping, decorative entrance ways and signage shall be permitted subject to review and approval by Collier County Development Services Director for engineering and safety considerations during the review process and prior to any installations. ~ sn~.w~oo~.~'tm 2-2 ~ 2.9 2.10 2.11 All off-street parking and loading facilities shall be designed ia accordance with Dixision 2.3 of the Collier Count>' Land Developmen: Code. 'q X ~ GE Clearing, grading, earthwork, and site drainage work shall be performed in accordance with the Collier Count5' Land Development Code and the standards and commitments of this document. Landscaping and buffering shall be provided as required in Division 2.4 of the Collier County Land Development Code unless specified in this document. All buffer setbacks shall be measured from platted lot boundaries. 2.12 ffl _C. uS_~ blinimum standards for signs shall be in accordance x~ith DMsion 2.5 of the Collier Count3.' Land Development Code in effect at the ti.me final local development orders are requested. 2.13 ~, N \ N ~ .N I' ~ N Amendments ma>' be made to the PUT) Document or PUD Master Pi~ as provided in Section 2.7.3.5 of the Collier Count3.' Land Development Code, or its successor provision. 2.14 · N ~, '~ N ~ N N N The developer shall provide for the perpetual care and maintenance of all common facilities and open spaces. However, if the property is to be subdMded into any individual tracts or lots to be transferred to another entity, then in that event, the developer shall create a property owners' association whose function shall include provision for the perpetual cue and maintenance of all common facilities and open spaces subject further to the provisions contained herein. Said property owners' association shall provide restrictive covenants governing the use of the common facilities and open space and shall provide an assessment process for funding the maintenance and care of said facilities. 2.15 XLlkllI~&O_X$-O ¥ ~ -x x ~ v 'l-Ns PUD is subject to the sunsetting provision as provided for witkin Section 2.7.3.4, of the Collier County Land Development Code. 2.16 An annual monitoring report shall be submitted pursuant to Section 2.7.3.( County Land Development Code. //27,97.W-04790001 2-3 SEP It ~t 1997 3.1 3.2 3.3 SECTION 111 MOTORCOACH RECREATIONAL VEHICLE USE The purpose of this section i~ to identi[' permitted uses and development standards for areas within OUTDOOR RESORTS OF NAPLES, A MOTORCOACH COUNTY CLUB designated on Exhibit "A", PUD Master Plan as "Motorcoach Lots (ML)". A maximum number of 465 motorcoach lo~ are "Motorcoach Lots" on the PUD Master Plan. allowed in the area designated Areas designated as "Motorcoach Lots" on the PUD Master Plan are designed to accommodate only motorcoach vehicles as defined in tlxis document. The approxis'nate acreage of the "Motorcoach Lot" district is indicated on the PU'D blaster Plan. This acreage is based on conceptual designs and is approximate. Actual acreages of alt development tracts will be provided at the time of Site Development Plan or prelimina,'? Subdivision Plat approvals in accordance x~fith Article 3, Division 3.3, and Division 3.2 respectively, of the Collier Count2,.' Lazd Development Code. Motorcoach n-acts ~e designed to accommodate internal roadways. 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: Principal Uses: 1. Motorcoach Vehicles - as &fined herein. One (1) motorcoach vehicle per lot. Definition - These vehicles shall be defined as those vehicles ~hich have been categorized by the Recreational Vehicle Industry Association of America (RVIAA), and the Family Motorcoach Association (F~L~), as · Motorcoaches and/or factory customized bus Class "A" or Class "C'" ' conversions, that: (a) are mobile, in accordance with the code of standards of the KVIAA and FMA; (b) are self-propelled, and completely ~elf-contained, vehicles which include all thc conveniences of a home inc! ~~ SEP 3 1997 34 . i~ c:~ limited to, cooing, sleeping and bathroom facilities; (c) are structured so that the driver's seat is accessible from the living~ area in a walking position, but not necessarily in an upright position; (d) contain a minimum interior height of 6 feet in the living areas; (e) have a minimum length of 25 feet, a maximum length of 45 feet and a ma.ximum width of 102 inches; (f) have a fixed roof, as opposed to the "pop-up" variety. A "Motorcoach" shall not be construed to include any type of trailer or camper ,,vhich may be pulled by, or attached to, an automobile or truck in order to be moved fi:om place to place, nor any type of truck ~Sth a room- like addition carried on the truck bed. An)' Class "A" or Class "C" Motorcoach that contains a "slide-out" room addition is acceptable under this definition. Additionally, any Class "A" or Class "C" Motorcoach that has an entertainment center, bar, barbecue, television, sink, ice maker, or cabinet that is an integral part of the Motorcoach, and is built into the storage bays or the sub-basement, and which may or may not slide out on cantilevered rails is permissible under this definition of acceptable Motorcoaches. CommunitY. center/clubhouse(s) with associated recreational facilities including but not limited to snack bar, sx~Smrning pools, tennis corms, picnic areas, and shuffleboard courts. An>. other principal use x~hich is comparable in nature ~vith the foregoing uses and which the Development Services Director determines to compatible in the "Mototcoach Lot" District. AccessoD' Uses and Structures: 1. Accessor3.' uses and structures customarily associated with principal uses permined in this district including guard gate and administration buildings. sen,ice/maintenance buildings including bathrooms, storage, laundries and similar sen'ices for residents of the resor~. 2. An barbecue/entertainment center/storage su-ucmre not to exceed an area of one hundred (100) square feet. Any such structure may be located adjacent '~o its associated recreational vehicle in compliance ~qth the setbacks provided in Section 3.5. C. of this document. 1,t2~,9~ .W-O.~ 90001 .PUD Water management facilities and lakes. 3-2 3.5 A. Minimum Lot Area: 2500 square feet B. Minimum Lot Dimensions; Width: Average of 40 feet Depth; Average of 70 feet C. Minimum Yard Setback of Dri;'eway and Pad: Front: Ten (10) feet Three (3) feet on the second side with a Side: Five (5) feet on one side; minimum distance be~veen motorcoach units of It feet. Rear: Eight (g) feet, five (5) feet for an entertainment center/barbecue grill/storage structure. From lmmokalee Road: Fif~ (50) feet From buildings or s-cructu~es: Ten (10) feet, no setback from an enclosed storage structure adjacent to its associated motorcoach veNcle. 3.'/ A. Electricity, central water and sewer, and telephone shall be made available to each motorcoach lot. B. Trash containers such as dumpsxers shall be located in xhe maintenance areas ~,d easily accessible. C. An enclosed space shall be open at all times wherein a portable fire extinguisher in operable condition, first aid equipment, and a telephone are ax'ailable for public use. parking for the Motorcoach lots shall be as set forth in Section 2.3.16 of the Collier Count' Land Development Code, "Travel trailer/recreational vehicle park campsite" or its successor provision. parking for communitY center/club house use shall be computed at 25% of the normal requirements set forth in Section 2.3.16, of the Collier County Land Development Code. 3-3 ,o. I~ SEP 3 1997 · .,. 3.8 3.9 3.10 A. A landscaped buffer strip fifteen feet (15') wide with an eight (8') foot high opaque wall shall be provided on the east, west and south property boundaries. TMs wall may be constructed in phases which coincide with the phasing of the project. A perimeter berm kd swale may be permitted within the buffer. B. A buffer strip twenty feet (20') wide with an opaque wall and landscaping shall be provided along Immokalee Road. The opaque wall and landscaping combined will create a visual screen between lmmokalee Road and the motorcoach lots. A perimeter berm ma)' be perrrfitted within this buffer area. C. No buffer shall be required be~veen recreation areas and motorcoach lots. % N x, ' Standards for landscaping, signage, lighting, and other land uses not specified herein shall be in accordance with the Collier Count).' Land Development Code in effect at the time of project plan approval as specified in this document. N N N N No permanent residency is allowed. A covenant rurming with Se land shall be recorded ~n the Public Records of Collier Count).' referencing the PUD's restriction on permanent residency'. A maximum stay' per vekicle shall be six (6) months. Lot Ownership: The developer shall include in the title u-ansfer document a coven=t attesting to the fact that the lot carmot be used as a place of permanent occupancy and that the maximum stay per vehicle is slx months. The lot owner or user is responsible for registering kis or her vehicle's arrival and departure with the manager of the resort. Failure to register will hold the lot owner or user responsible for an)' penalties imposed by Coil!er County.. 34 AGE O SEP 2, $ ~ SECTION IV GOLF CouRSE 4.23 ~ The purpose of this section is to identi~ permitted uses and development standards for NAPLES, A MOTORCOACH COUNTY CLUB areas witi4n OUTDOOR RESORTS OF ,Golf Course (GC)". designated on Exhibit "A", PUD Mast;r Plan as 4.24 ~ No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or part, for other than the follo~dng: A. Principal Uses: 2. 3. 4. Golf Course parks, passive recreational areas, boardwalks, observations platforms. Pedestrian walkways, biking, Nking, health and nature trails. Water management facilities and lakes, including lakes ~Sth seawall and other ~'pes of architectural bank u-eatment, and essential services. Lighting and signage. Any other principal use or activiD' which is comparable in nature xdth the foregoing uses and wNch the Development Services Director determines be compatible in the "Golf Course" District. Accessory Uses and Structures: 1. Accessory uses and structures customarily associated with principal uses permitted in this district. 2. Pro-shop, practice driving range, cart barn and other customary accessory uses of golf courses, including maintenance area and pump houses, rain shelters, and rest rooms. '0 4-1 SF.Y S 3 1997 4.25 A. Overall site design shall be harmonious in terms of landscaping with the motorcoach lots. G. No additional parking shall be required for the golf course use. Guest parking for the golf course use shall be accomplished by the parking available on each individual motor coach lot. k'j 7~) ? .'W .,047(K)O01 4-2 SEP ~ 3 1997 SECTION V GENERAL DEVELOPMENT COblblITMENTS 5.26 5.27 The purpose of this section is to set forth the development commitments of the project. A. An excavation permit will be required for the proposed lake(s) in accordance xxith Division 3.5 of the Land Development Code and South Florida Water Management District (SFWMD) rules. B. A cop>' of SFWMD Permit or Earl5' Work Permit is required prior to construction plan approval. 5.28 A. 'I'b3s project shall be required to meet all CounD' Ordinances in effect at the time final construction documents are submitted for development approval. 5.29 A. The developer, his successors or assigns, shall be responsible for the construction of mm lanes (both left mm and right turn) at the project entrance in accordance with Ordinance 93-64 at the time of the issuance of the first certificate of occupancy. B. The developer, his successors or assigx~s, shall be responsible for the installation of arterial level street lighting at all project entrances at the time of the issuance of the first certificate of occupancy. C. The County reserves the right to restrict and/or modify the location and use of median openings in accordance with Resolution 92422, Collier County Access Management Policy, as it may be amended from time to time, and in consideration of safety or operational concerns. D. The County's Five-Ten Year Work Plan indicates that Immokalee Road v,511 be improved from two lanes to four lanes begirming in 1999. Based n_the need for these improvements, the applicant shall dedicate 25 feet of property right-of-way along the south side of Immokalee Road. Impact fee 5-1 ruse :redits' $£P 2 3 1991 PS. ~ 5.30 granted for such dedication in accordance ~ith Ordinance 92-22, as amended and with Section 2.?.2.g.1, as amended. E. Road impact fees shall be paid in accordance v,4th Ordinance 92-22, as amended, and shall be paid at the time building permits are issued urfless othet~Sse approved by the Board of County Commissioners. F. Constr~ction of turn lanes under the paro-lan¢ condition or a four-lane condition (whiehex'er is existing at the time of development of Phase One), and installation of street lighting are infrastructure requh'ements to be completed as a condition of the issuance of building certificates of occupancy and are the responsibility of the developer. O. The time frame for the t~'ent)'-five foot (25') right-of-way dedication should be wifffin 1 gO days of BCC approval or prior to the start of infrastructure improvements, whichever occurs first. The value of the right-of-way should be based on the Count)' Appraiser's fair market value but in no case shall be less than the petitioner's purchase price prior to zoning approval. H. The value of the t~venty-five foot (25') right-of-way dedication shall be granted as an impact fee credit pursuant to applicable County Ordinance. Should additional right- of-way be necessary to accommodate project related improvements (as opposed to general County improvements), such additional right-of-way shall not be subject to an impact fee credit. I. Road impact fee credits, if applicable, shall be restricted to this project and shall not be transferable. J. Any land required for right-of-way shall be the subject of a Developer Contribution Agreement as set forth in Ordinance 92-22, as amended. A. An exotic vegetation removal, monitoring, and maintenance (exotic free) plan for the site, with emphasis on areas of retained native vegetaion, shall be submitted to Current Planning environmental staff for review and approval prior to final site plan/construction plan approval. 5-2 SEP 8 1997 PUD. ~ Pt. AN SEP ~ 3 1997 EXECUTIVE SUMMARY PETITION PUD-89-28 (1), FREDERICK R. PAULEY, TRUSTEE, REQUESTING AN AMENDMENT TO ,'BRENTWOOD" PLANNED UNIT DEVELOPMENT (PUD) HAVING THE EFFECT OF ELIMINATING LIQUOR STORES FROM THE PRINCIPAL RETAIL USES AND ADDING THE REQUIREMENT FOR A COMMON ARCHITECTURAL THEME FOR PROPERTY LOCATED ON THE SOUTH SIDE OF IMMOKALEE ROAD (CR-846) IN SECTION 30, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA AND CONSISTING OF 18.6 ACRES MORE OR LESS. OBJECTIVE: This petition seeks to amend the Brenlwood PUD to eliminate liquor stores from the principal retail uses and adding the requirement for a common architectural theme for all buildings and parcels within thc PUD. CONSIDERATIONS: On November 19, 1996, the Board of County Commissioners reviewed the subject PUD pursuant to S~tion 2.7.3.4 (Sunset Provisions) of the Collier County Land D~velopment Code. During the public hearing, the Board of County Commissioners directed the properW owner to amend the Brentwood pUD document in order to delete liquor stores as a permitted principal retail use and to add a common architectural theme requirement for all structures located within the development. As a result, the property owner has submitted this PUD amendment to comply with the Board's directive. EI3ZF,,_C~nsisten~: This 18.1 acre PUD is approved for 12,000 square feet of commemial uses on a 1.40 acre tract and 95,000 square feet of industrial uses on 10.8 acres. The PUD contains 5.9 acres of preservationlopen space, retention and wetland areas. The maximum square footage of commercial/industrial is 107,000 square feet. The Brentwood PUD is entirely located within the Urban-Mixed Use-Urban Residentially designated area on the Future Land use Map and is also within the 1-75/Immokalee Road Activity Center. This designation authorizes commercial/industrial uses that s~ecve regional markets, provided that each such use is compatible with existing and approved land uses. During the review of this petition pursuant to Section 2.7.3.4 of the Land Development Code, the BCC approved the lis~ of permitted uses except for liquor stores. Aside from any vested relationships, consistency with other applicable elements of the GMP is as follows: Ir. llllLC,~lllsgtllLI, lt, ll~,l~ The traffic impact review indicates that the proposed amendment will not result in the project generating additional traffic over the amount currently approved when the property wits first rezoned to PUD. As a result, the proposed amendment doesn't exceed the significance test on any roadway segment within the project's radius of development influence In addition, Immokalee Road is currently a 2 lane medal road fronting the project. The current traffic count for this segment is 16,233 AADT which results in LOS "B" operation, n,. ~ 8EP ~ ~ 1997 A~l]J.C~~ Staff review indicates that this petition has been designed to account for the necessary relationships dictated by the Growth Management Plan (GMP). Mitigation measures and stipulations have been developed (where appropriate) to ensure consistency with the GMP during the permitting process. Development permitted by the approval of this petition will be subject to a concurrency review under the provisions of Section 3.15 of the Collier County Land Development Code, Adequate Public Facilities, at the earliest or the next to occur of either Final SDP approval, final plat approval, or building permit apglic, abl¢ to this development. Therefore, this proposed PUD amendment is consistent with the goals and polieie~ of the GMP. Staff has concluded that no level of ~-vice standards will be adver~ly affected by this amendment. Appropriate mitigation measur~ and ~ipulations will assure that the County's interests are maintained. Consistency with the goals, objectives and policies of other applicable elements of the GMP and level of service relationships are to be achieved by stipulations and/or development commitments made a part of the approval of this development order. The Collier County Planning Commission heard this petition on August 21, 1997. They unanimously recommended approval of this petition by a 9 to 0 vote. No ~ ~poke or otherwise communicated any objection to this petition. FISCAL IMPACT: None. GROWTtl MANAGEMENT IMPACT: Approval of this amendment to the Brentwood PUD Document does not change the original development in terms of land use and density except for the elimination of liquor stores from the list of permitted uses and the addition of an architectural theme requirement. Therefore, this amendment will not have an impact on the Growth Management Plan. HiSTORIC/ARCHAEOLOGICAL 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 County Probability Map. Therefore, no Historical/Archaeological Survey and Assessment is required. PLANNING COMMISSION RECOMMENDATION: That Petition PUD-89-28 (1) be approved as described by the Ordinance of Ado~on and Exhibits thereto made a part of this executive summary submission. [ no. ~ $EP 2 3 1997 OpRF, PARED~.Y , PRINCIPAL PLANNER REVIEWED BY: ~-~ AIC? DATE PUD-$9-2$ (1) EX SUMMARY/RxrB/tb 1997 AGEMDA ITEM 7-F TO: FROM: DATE: RE: MEMORANDUM COLLIER COUNTY PLANNING COMMISSION CO~ DEVELOPML~T & ENV~ONMDVT~ sERViCES /LILY 23, 1997 PETITION NO: PUD-$9-28 (1), BRE-NTWOOD pUD AGENT/APPLICANT: Agent/Owner: Mr. Frederick IC Pauly, Trustee Pauly Realty, Inc. 866 97' Avenue North Naples, Florida 34108 The subject property is located on the south side of Immokalee Road (CR-g46) and on the east side of the Mocake pUD in Section 30, Township 48 South, Range 26 East. (See illustration on following page) The petitioner is requesting amend the Br~twood Planned Unit Development (PUD) to delete liquor stores as a permitted principal retail use ~nd by adding paragraph "G' which provides for common architectural theme standards throughout the PUD. On November 19, 1996, the Board of County Commissioners, pursuant to Section 2.7.3.4 (Sunset Provisions) of the Collier County L~nd Development Code directed the property owner amend the Brentwood PUD document in order to delete liquor stores as a permitted principal within to retail use ~nd to add a common architectural theme requirement for all structures located the development. This 18.1 acre pUD was approved for 12,0~0 square feet of commercial uses on a 1.40 acre tract and 95,000 square feet of industrial uses on 10.8 acres. The PUD contains 5.9 acres of preservation/open space, retention and wetland areas. The maximum square footage of commerciaVindustrial is 107,000 square f~-t Existing Conditions: The subject site is undeveloped and is zoned PUD Surrounding: North: . Immokalee Road East: - Golden Gate Es~tes SEP 2 3 1997 ,mI 1997 -------,----- _...., South: . Vacantland; Zoned: Agriculture West . Undeveloped land; Zoned: Mocake PUD · ' N ' · The PUD has been distributed to the · ~, ~ N n, ' N ' ' appropriate jurisdiction review entities specifically for review of the pUD for consistency with current growth management plan land development regulations and finds the following: subject PUD is designated Activity Center (Interchange) on the ~ The G-row~h Management (GMP). Since the subject site is Future Land Use Element (FLUE) of the located within the southeast quadrant of the Immokalee Road/I-75 Interchange, the GMP permits · markets, provided each such use is compatible with industrial land uses that serve regtonal existing and approved land uses. Based on staff review of the approved land uses, the PUD has been determined to be consistent with the FLUE of the Collier County GMP. The traffic impact review indicates that the proposed amendment will not result in additional site generated traffic over the amount currently approved when the property was first rezoned to pLrD. As a result, the proposed amendment doesn't exceed the significance test on any roadway segment within the project's radius of development influence 0LDI). In addition, Immokalee Road is currently a 4 lane arterial road flonting the project. The current traffic count for this segment is 16,223 A/LDT which results in LOS "B" operation. ~ Staff review indicates that this petition has been designed to account for the necessary relationships dictated by the Growth Management Plan. Mitigation measures and stipulations have been developed (where appropriate) to ensure consistency with the GMP during the permitting process. Development permitted by the approval of this petition will be subject to a concurrency review under the provisions of Section 3.15 of the Collier County Land Development Code, Adequate Public Facilities, at the earliest or the next to occur of either Final SDP approval, final plat approval, or building permit applicable to this development- Therefore, this proposed PUD amendment is consistent with the goals and policies of the GM1a- Staff has concluded that no level of ser~iee standards will be adversely affected by this amendment· Appropriate mitigation measures and stipulations will assure that the County's interests are maintained. Consistency with the goals, obiectives and policies of other applicable elements of the GNP and level of service relationships are to be achieved by stipulations and/or development commitments made a part of the approval of tkis development order. Based on the above referenced consistency review, staff is of the opinion that this amendment does nothing to change the approved square footage or have an adverse impact on any level of service standard. Furthermore, staff is of the opinion that there is insufficient justification to require a property owner to submit an entire new PUD document simply because the current pUD references codes that arc now consolidated into the Land Development Code, or otherwise have references of administrative import that have been changed in the most recent LDC change. These references are not made invalid because they changed or are otherwise placed in a different legislative document. Their closest or most similar relationship to current references applies in the administration of pUD development commitments. More importantly, is whether or not there is any absence of development commitments needed to make the PUD consistent - ' icate that there are any inconsistencies . , ir cuts. Staff revacw does not md c ui cment~, vath today s code requ em - --~- .... eurr nd Development Code r q ~ or omissions that arc now neces~ ,v ' 2 I SEP made applicable to subsequent required development approvals (i.e. Platting and/or SDP's). Thc proposed changes are only submitted by the property owner to satisfy the BCC direction to amend the Brentwood PUD during their review for consideration for a two year time extension ufthe PUD zoning pursuant to Section 2.7.3.'1. of the Land Development Code. Staff recommends that the Collier County planning Commission forward Petition PUD-89-28 (1) to the Board of County Commissioners with a recommendation for approval. PREPARED BY: pRINCIPAL PLANNER REVIEWED BY: v~ ADMINISTRATOR COMMUNITY DEV. AND ENVIKO~~ SVCS. Staff Report for the August 21, 1997 CCPC meeting. COLLIER COUNTY PLANNIN~~SSION: MICHAEL A. DAVIS, CHAIRMAN KVB/rb/STAFF KEPORT/PUD-89-25 (1) i DATE DATE kPPLICATION FOR PUBLIC H~ FOR ~'~ PUD AMENDMENT/DO AMenDMEnT JUl~ ] 3 ,~n7 COM~I~NITY DEVELOPMENT DIVISION Name of Applicant(s) ' ustee Pauly Realty, Inc. Applicant's Mailing Address 6~th Ave., N. __ city ~~ State Florida Zip 34108 Applicant's Telephone Number: Res.:~~ Bus.:9~l-597~111 Is the applicant the owner of the subject property? 2L__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 o~ers, 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 o~ner(s) name and address below. (If space ~guate, attach on separate page.) 2. Name of Agent Same as abov_y~_e- Firm Agents Mailing Address city State Zip Telephone Number: Res.: Bus.: .~ SEP 2 3 1997 ' - NAME AND NUMBER: 90-36 3 pUD ORDINANCE COV~ BY · _ ..... n~ THZ pROPERTY ' ---e ' 'If a . ..D~AILED %g.. _-x 'is inaae.~a~-, .... __14 , district, ~t~ 4nvolveS cha~g~ ~ property ~nvo~veu ~,' tO requ~ ~----1 descrlp~xu,~ ~ - copies of su~ey (1" separate 1=9~ -- five If property i~ odd-shaped, submit 400' scale)- THE APPLI~T IS RESPONSIBLE FOR s~PLYING ~E ~~ LEGAL UESTIONS ~ISE CONC~ING THE L~ DES~I~ION, ~ ENGINE~' S ~GE ~ TO, SHIP ~ SE~ION ~ Address or location of subject property us roperty to the sub~ect ..... her own contiguo_ P ..... fiction of entire Does pro~ers~ ~ ~ive complete leg~& ~.~ attach on roperty~ ~ ~L~- ~T space is lna~equ~, ~ontiguous properuy- separate page). TYPE OF AMENDMENT:' y~__A, pUD Document Language Amendment B. pUD Master Plan Amendment ~C. Development order Language Amendment DOES AMENDMENT cOMPLY WITH THE COMPREHENSIVE PLAN: ~Yes No If no, explain: THE ~ k paul Trustee HAS A pUBLIC HEARING BEEN HELD ON THIS PROPERT~ WITHIN LAST YEAR? IF SO, IN WHOSE NAME? DATE:_~~-~-~96 pETITION $:~ SEP 3 1991 10. · EN ~ SOLD AND/OR HE PUD BE ...... u= SOLD AND/OR HAS ANY pORTION OF T ..... ~nSED ru~ ~n~ AREA DEVELOPED? ARE ANY CHANG~ DEVELOPED? No. IF YES, DESCRIBE: (ATTACH Yes ~__ ~ SHEETS I~' ~SCESS Fredrick R. Paul ......... n~ being first duly sworn, I W~, ~V~ the owners of the property described depose and say un~ -- herein and which is the subject matter of the proposed hearing; that all the answers to the questions in this application, and all es data, and other supplementary matter attached to and etch , ' . are h~nest and true to the best sk .... is a~Plicatl°n ..... is a~plication must made a part o~ ~n = [elief We understanu u~ ~ We of our knowledge anu ~ · be completed and accurate before a hearing can be advertised. further permit the undersigned to act as our representative in any matters regarding this Petition- NOTE: SIGNATURES OF ALL OWNERS ARE MANDATORY- ENT state of Florida county of Collier · s acknowledged before me this · A plicatlon wa . = , who The for~goi~go ~pz~ .... , 199~ by ~ /~ day o ~ who ~s produce~ ..... ~sgnall~ ~bwn to m=a~identification and who take oath ' ,~.~ ~£'~'~ PUD\DO APPLiCATION~md/4128 BENE~FICIA,RLES OF TRUST #~04)673 BRENTWOOD PLrD ROSENLARY ROBINSON G~SON I60 t 6TH ^V~,nJ~ S NAPLES, FL 34102 AARON HASSINGER 6230 GOLDEN GATE PARKWAY NAPLES FL 34116 RAY~tON'D MORRIS 517 LAKE LOUISE CfR BI2 #102 NAPLES FL 34110 FREDILICK PAULY 205?9 BLACKSI~ITH I:ORGE £STERO FL 33928 MYRON C pRIEBE 17425 W 130TH ST NORTH ROYALTON 0H 44133 SHARON ALLI~ 17524 FRAM]]qOHAM OVAL STRONGSV~I-I~ Oft 44136 N~ORTI:v~-R ROW~ C/O ROBERT B ROW~ 1 O9 SHORE DRIY~ LONGWOOD ~ 32779 M,~dA C RO%VE 204A NOB HILL CIRCLE LONGWOOD FL 32779 ION RYAN 691 YORK TERRACE NAPLE.S FL 34109 $E.P 2 3 1997 As required by the Collier county zoning ordinance in effect at the time permits are requested. As required by the Collier county zoning ordinance in effect at the time permits are requested.: No outside storage of products shall be allowed on tracts abutting residential land use areas. No loading and unloading to the rear of buildings abutting residential uses along the eastern property line. 1. Automotive service stations (to include minor repair pursuant to Section 9.8 of the zoning ordinance of Collier county.) Art supply shops. 2. Bakery shops; banks and financial institutions; and business supply stores. 3. Clothing stores, convenience food marts. 4. Delicatessens; drug stores; and dry cleaning shops. 5. Florist shops, gourmet shops. 6. Health food stores, highway commercial uses. 7. Ice cream shops. 8~9. Markets - food, markets - meat, medical offices and -- clinics; museums. 9rL~). offices, general; office supply stores. 10-L~- Photographic equipment stores; and pottery stores. 9 I $EP231997 Restaurants - including drive-in or fast food restaurants (in accordance with the standards of Section 8.11 of the zoning ordinance)- Souvenir stores, stationery stores and supermarkets- Tailor shopS; tobacco shops; tropical fish. ~ service% which Any other commercial use or professional with the foregoing uses and which comparable in ~ature his designeE, determines to De ~e county Manager, O:ati~le with the foregoing ~se~, comparable to and comp ~. .... , -~-- if desxreo including temporarY sewage trea=m=nu w .... t, ' ev da - R 1. Front yard - Fifty (50) feet 2. Side Yard - T~enty-five (25) feet 3. Rear yard - Twenty-five (25) feet 1. Minimum Lot Width - 100 feet. 2. Minimum Lot size - Ten thousand (10,000) square feet. c. 1. One thousand (1000) square feet 1. ~wenty-five (25) feet. A~ required by Collier county zoning ordinance at the time permits are requested. lo As reguired by collier county zoning Ordinance at the time permits are requested. As r~quirmd by Collier Coun=y zoni~ ordinance at t_he time permits arm requested. % comm~.c.t~r~_T~e~.-,~in-s and parcels ed for a~ mu~.~ ........ _ _ . . ~r~k'c~i~--2.S of th': w--~-~hin the P~D cons~st~secti°n Z.~ Collier Count~ment Code. 11 WHEREAS, on November 19, 1996, th~ Board of County Co~missioners of Collier County, Florida, pursuant to Section 2.7.3.4. of the Collier County ~nd~Devel°pment Code directed the property owner Fredrick R. Pauley, Trustee of Pauly Realty, incorporated, the developer of the Brentwood PUD, to amend ordinance Number 90-36, as amended, the Brentwood Planned Unit Development Oocument, in order to delete liquor stores as a permitted principal retail use and to add a common architectural theme requirement; NOW, THEREFORE BE IT ORDAINED by the Board of County Co~.missioners of collier County, Florida that: sECTION ONE: ~unen~ments to Section IV, Subsection 4.4 Uses Pe~itted, Paragraph D, Principal Retail Uses of Ordinance No. 90-36, as amended. Section IV, of Subsection 4.4, Uses permitted, pargraph D, Principal Retail Uses, of Ordinance No. 90-36, as amended, is hereby amended to read as follows: D. Principal R~tail Uses : 1. Automotive service stations (to include minor repair rsuant to Section 9~ 2.6.28 of_the ~nd ~velopment Cod~ of Collier county., ~hops · 2. Bakery shops; banks and financial institutions; and business supply stores. 3. Clothing stores, convenience foot mar~s. 4. Delicatessens; drug stores; and dry cleanin~ shops. 5. Florist shops, gouger shops. 6. Health food stores, highway commercial uses. $. Ice cream shops. I Worda~ are deleted? ORDINANCE NO. 97- AN ORDINANCE AMENDING ORDINANCE NUMBER 90- 36, AS AMENDED, WHICM ESTABLISHED THE BRENTWOOD pLANNED UNIT DEVELOPMENT, BY AMENDING SECTION IV, SUBSECTION 4.4, USES pERMITTED, pARAGRAPH D, pRINCIPAL RETAIL USES, BY DELEATING LIQUOR STORES AS A pERMITTED pRINCIpAL RETAIL USE; ANO BY UPDATING CODE REFERENCES;. BY ADDING pARAGRAPH G - COMMON ARCHITECTURAL THEME REQUIREMENT; AND BY PROVIDING ~N EF~'ECTIVE bAT E. ~ 8._: Markets - food, markets - meet, medical offices and clinics: ~useums. %g~ 9. Offices, general; office supply stores ~ 10___~ Photographic equipment s%ores; and pottery stores. .~ 11___~ Restaurants - including drive-in or fast food restaurants {in accordance with the standards of Section 8-~ 2.6.19 of the ~ L_and Development Code. ~ 12___:. Souvenir stores, stationery store~ and superm~arkets. ~ 13_._~ Tailor shops; tobacco shops; tropical fish. SECTION ~O: Amendments to Section IV, Subsection 4.4, Uses Permitted; by adding Paragraph G, Architectural Standards, of Ordinance 90-36, as amended. Section IV, Subsection 4.4., Uses Permitted, of Ordinance No. 90- 36, as amended, is hereby amended to add paragraph G, Architectural Standards to read as follcws: G_~ ARCH~TECTUP~, STAHDA~DS A co~.~.on architectural theme shall be provided for ~~8 of the Colller BrentWoO-~-~--~UD consistent wltn ~ecu~u~ ~ ~elo:m.e~t code. SECTION THREE: Effective Date This ordinance shall become effective upsn filing with the Department of State. pASSED AND DULY ADOPTED by the Board of County Com~issionersof Collier County, Florida, this day of , 1997. BOARD O~ COUNTY CO,~/~-.ISSIONERS COLLIEK COUNTY, FLORIDA ATTEST: DWIGHT E. BROCK, Clerk BY: ~IMOTHY L. HARCOCK, Chairman ~ufficiency: Approvee as ~o ~ Assistant County Attorney EXECUTIVE SUMMARY PETITION NO. PUD-82-33(I), MICHAEL R. FERNANDEZ, AICP, OF PLANNING DEVELOPMENT INCORPORATED, REPRESENTING HARIG MANUFACTURING CORPORATION, KEQUESTING A REZONE FROM PUD TO PUD KNOWN AS "WIGGINS BAY" FOR THE PURPOSE OF ELIMINATING COMMERCIAL LAND USES ON COMMERCIALLY DESIGNATED TRACT AND REPLACING SAME WITH A SEVEN (7) STORY RESIDENTIAL BUILDING(S) CONTAINING 56 DWELLING UNITS FOR PROPERTY LOCATED ON THE SOUTHEAST CORNER OF THE INTERSECTION OF VANDERBILT DRIVE AND WIGGINS PASS ROAD IN SECTION 16, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 148.26 ACRES. OBJECTIVE: This petition seeks to extend residential usage to a parcel of land upon which commercial uses are authorized in the Wiggins Bay PUD for the purpose of allowing multiple family housing units in a structure or structures up to seven (7) stories in height. CONSIDERATIONS: The petitioner seeks to develop the designated commercial tract, being some 3.5 acres in size with multiple family housing units at a density of 16 dwelling units per acre or a total of 56 dwelling units by amending the PUD document to delete reference to a commercial tract and replace same with the designation of Multi-Family Site. Currently, the Wiggins Bay PUD allows 693 dwelling units on 148.26 acres for a gross density of 4.67 dwelling units per acre. This amendment, providing for an additional 56 dwelling units would increase the total number of approved dwelling units to 749, and the gross project density to 5.05 dwelling units per acre. The commercially designated tract within the Wiggins Pass PUD is technically inconsistent with the Future Land Use Map to the Future [,and Use Element of the Growth Management Plan, but, nevertheless, under the Zoning Re-evaluation Program the commercial tract was allowed to maintain its commercial status under the "improved" status of land within the PUD. Its conversion to a residential use brings about a use of land that conforms to the FLUE. The density rating system within the FLUE provides a formula of up to sixteen (16) dwelling units per acre for those commercial properties wishing to convert to residential uses. Therefore, an action to approve the amendment to the Wiggins Pass PUD makes this consistent with the FLUE to the GMP. The FLUE does not contain any policies relative to the matter of building heights or floor area ratios. Therefore, these relationships have to be based solely upon the more subjective process involved in an assessment of compatibility. Relative to an assessment of consistency with other applicable elements of the GMP the conversion to residential uses will have less impact upon levels of service, and in particular traffic impacts. No reduction in open space or other impact upon environmentally sensitive land will ~~ &this petition. Public utilities are in place to serve the project. The Collier County Planning Commission reviewed this petition on July 17, 1997 and by a vote of (8 to I) recommended its approval to the Board of Commissioners as described by the PUD regulatory docun:ent and Master Plan attached to the Ordinance of Adoption. Several persons spoke in opposition to this petition citing a preference to retain the commercial zoning. FISCAL IMPACT: This petition 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 new development has been approved will result in a future fiscal impact on County public facilities. The County collects impact fees prior to the issuance of building permits to help off-set the impact of each new development on public facilities. These impact fees are used to fund project in the Capital Improvement Element needed to maintain adopted levels of service for public facilities. In the event that impact fee collections are inadequate to maintain adopted levels of service, the County must provide supplemental funds from other revenue sources in order to build needed facilities. GROWTH MANAGEMENT IMPACT: As described above, land use, density and intensity of development of the subject property were deemed to be consistent with the FLUE to the GMP. Other related consistency reviews were also found to be consistent by virtue of the way in which development conditions were addressed, and the strategy devised for regulating the manner of development. In view of the consistency findings staff finds that there is no negative or other adverse impact to the GMP resulting from the adoption of this petition. Development permitted by the approval of this petition will 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. HISTORIC/ARCHAEOLOGICAL IMPACT: Staff'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. PLANNING COMMISSION RECOMMENDATION: That Petition PUD-82-33(1) having the effect of amending the Wiggins Bay PUD for the purpose of deleting the authorized commercial use of certain property and in lieu thereof authorizing residential uses in a seven (7) story building, and amending the number of authorized dweiling CHIEF pLANNER REVIEWED BY: DONALD W. ARNOLD, AICP PLANNJ~NG SERVIC.~ES DEPARTMENT DIRECTOR ~ ~ALrrERO, ADMINISTRATOR DATE COMMUNITY DEV. AND ENVIRONMENTAL SVCS. -'~--- / 7-~ DATE DATE PUD-82-33(I) EX SUMMARY/md AGENDA ITEM 7-D MEblORANDUM TO: COLLIER COUNTY PLANNING COMMISSION FROM: COMMUNITY DEVELOPMENT SERVICES DMSION DATE: MAY 23, 1997 PETITION NO: PUD-82-33 (1) WIGGINS BAY PUD OWNER/AGENT: Agent: Mr. Michael R. Fernandez Planning Development, Inc. 2523 River Reach Drive Naples, Florida 34104 Harig Manufacturing Corporation 5757 West Howard Street Niles, Illinois 60714 (Theodore H. Eckert, President) .T D 0 : This petition seeks to extend residential usage to a parcel of land upon which commercial uses are authorized in the Wiggins Bay PUD for the purpose of allowing multiple family housing units in a structure or structures up to seven (7) stories in height. RAP TION' The Wiggins Bay PUD development is located on the southeast quadrant of Vanderbilt Drive and Wiggins Pass Road. (See location map following page). N F · The petitioner seeks to develop the designated commercial tract, being some 3.5 acres in size with multiple family housing units at a density of 16 dwelling units per acre or a total of 56 dwelling uaits by amending the PUD document deleting reference to a commercial tract and replacing same with the designation of Multi-Family Site. Currently, the Wiggins Bay PUD allows 693 dwelling units on 148.26 acres for a gross density of 4.67 dwelling units per acre. This amendm~,,f~.zi:~_~..___ additional 56 dwelling units, would increase the total number of approved dwelling the gross project density to 5.05 dwelling units per acre. 1 S UNDING LAND SE AND Z 'C: Existing: Surrounding: North - South - West- The property is vacant and zoned PUD for a commercial use. To the north the land is vacant and is zoned KSF- 4. To the east the land is developed with multiple family structures, the nearest of which are five (5) stories in height and arc part of the Wiggins Pass PUD. To the south lies a preserve area which is pan of the Wiggins Pass PUD. To the west lies Vanderbilt Drive, and further west to the Gulf lies the Wiggins Pass Marina facilities, the Cocohatchee River County Park and Boat Launch facilities, Pelican Isle, a development of 3-10 story buildings and Marina Island Condominium, an 8 snory structure. ROW~MANA EMENT PLAN NSI TEN : The commercially designated tract within the Wiggins Pass PUD is inconsistent with the Future Land Use Map to the Future Land Use Element of the Growth Management Plan, but, nevertheless, under the Zoning Re-evaluation Program the commercial tract was allowed to maintain its commercial status under the "improved" status of land within the PUD. Its conversion to a residential use brings at)om a use of land that conforms to the FLUE. The density rating system within the FLUE provides a formula of up to sixteen (16) dwelling units per acre for those commercial properties wishing to convert to residential uses. Therefore, an action to approve the amendment to the Wiggins Pass PUD makes ttfis consistent with the FLUE to the GMS. The FLUE does not contain any policies relative to the matter of building heights or floor area ratios. Therefore, these relationships have to be based solely upon the more subjective process involved in an assessment of compatibility. Relative to an assessment of consistency with other applicable elements of the GMP we find the conversion to residential uses as having lesser impact upon levels of service and in particular traffic impacts. No reduction in open space or other impact upon environmentally sensitive land will result fi'om approval of this petition. Public utilities are in place to serve the project. [FIST RI E I ' Staffs 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. Pursuant to Section 2.2.25.8.1 of the Land Development Code if during the course of site clearing, excavation or other construction activity an historic or archaeological artifact is found, all development within the minimum area necessary to protect the discovery shall be immediately stopped and the Collier County Code Enforcement Department contacted. EVAL ATI NF R ENVIR N ENTA TRAN P RTATI NAND IN TRUCTURE: The subject petition has been reviewed by the appropriate staff responsible for oversight related to the above referenced areas of critical concern. This includes a review by the Community Development Environmental and Engineering staff, and the Transportation Department. These reviews help shape the content of the PUD Document and cause development commitments to be formulated to achieve GMP and LDC requirements. Where the petitioner determined to challenge recommended revisions these are identified for final resolution by the Collier County Planning Commission, and the County Board of Commissioners. This petition was administratively reviewed on behalf of the EAB and those matters jurisdictionally within their purview were addressed by staff and to the extent necessary provisions were made part of the PUD amendment. ANALYSIS: The conversion of a commercial tract, which is inconsistent with the FLUE, to a residential use which is consistent with the FLUE, should be viewed in a positive light. The density rating system to the FLUE provides a bonus of up to si~een (16) dwelling units per acre to those properties zoned commercial, and which are inconsistent with the FLUE. It should be noted that the language of the FLUE in using the word "bonus" suggests an inducement to owners of inconsistent commercially zoned property to convert their commercially zoned property to a residential use. The central issue represented by this petition is that of the appropriateness of the height of the building. In the opinion of staff there is no incompatibility issue, inasmuch as the proposed residential structure lies adjacent to residential structures of similar type and density. A series of five (5) story buildings lie directly south and east of the subject property. When the Wiggins Bay PUD was approved it provided for and still does, for seven (7) story multi-family structures where the five (5) story structures now exist. Application of the standard rule relative to spacing between buildings should ameliorate any perception of difference between a seven (7) story and a five (5) story building. The standard approach in the Land Development Code for spacing multi-story residential structures in conventional multi-family zoning districts is one-half of the sum of the heights of the buildings lying opposite one another. If we assume the representative heights to be seventy (70), and fail, (50) feet respectively, the minimum spacing between the nearest existing multi-family structure and the proposed structure should be sixty (60) feet. In the proposal, given the placement of existing buildings and site orientation it would appear that the nearest dimension from the new building to an existing building will be at least two hundred and fifty (250) feet. Staff'is ofthe opinion that there is no discernible recognition of the twenty (20) feet of height differentiation between the seven (7) story On several occasions staff has advised that the Planned Unit Development district was never intended to be an instrument to drastically depart from conventional development standards. If'we compare this petition with a conventional multiple family district at sixteen (16)'dwelling units per acre we have the RMI:-I6 district which allows building heights of seventy-five ('/5) feet, making this change consistent with the above proposition. With respe~ to the change of use, residential usage sside fi.om the matter of density snd height of the property would be more compatible with the e:dsting residential uses than commercial uses which by their nature have higher nuisance value due to noise and potential odors should restaurant facilities be a part of any commercial development or any other activity that extends into the ev~aing hours. Just as importantly we need to appreciate that this amendment eliminates a use ofl$,nd which is inconsistent with the FLUE and replaces it with a consistent use in a manner which in the opinion of staff is compatible with existing residential development. ~TAFF RECOMMENDATION: That Petition PUD-82-33 (3) having the effect of amending the Wiggins Bay PUD for the purpose of deleting the authorized commercial use of certain property and in lieu thereof authorizing residential uses in a seven (7) story building, and amending the number of authorized dwelling units for the y~,gins Bay PUD be approved. RIONALD lql~O; ~;~P DATE CHIEF PLANNER KEVIEWED BY: ROBERT I. MULHERE, AICP C~NT PLANNING MAN~G~ ^ DONALD W. ARNOLD, AICP commxrr D -v. SVCS. DATE Petition Number PUD-S2-33 (3) StalTReport for July 17, 199'/CCPC meeting. Note: This petition has been advertised for the August 26, 1997 BCC meeting. COLLIER COUNTY PLAI~G COMMISSION: MICHAEL A. DAVIS, CHAIRMAN pUD-82-33 (3) STAFF REPORT/pal PETITION NUMBERDATE APPLICATION FOR PUBLIC HEAKING FOR ;:., ;7; i' ';:~,' REZONE / REZONE TO PLANNED UNIT DEVELOPMENT COMMUNITY DEVELOPMENT DIVISION PLAN'NING SERVICES Name of Applicant: ~,r r ,V Applicant's Mailing Address: 7 7 I5/ u, r Ci~'~ State ~ __ Zip ~ Applicant's Telephone Number: Res.: fda Bus.: ~ Is the applicant the owner of the subject property? .a_____ yes ~ (a) If applicant is a land trust, so indicate and name beneficiaries below. no (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, limit partnershipor other business entity, so indicate and name of principals below. ~ (d) If applicant is an owner, indicate exactly as recorded, and list all owners, if any. See Exhibit "B" to this application for list of all owners. ~ (e) If applicant is a lessee, attach copy of lease, and indicate actual owners if not indicated on the lease. If applicant is a contract purchaser, at'tach copy of contract, and indicate actual owner(s) name and address below. Name of Agent: Firm: Agents Mailing Address: City Telephone No. Re.: State Zip ~ DETAILED LEGAL DESCRIPTION OF PROPERTY COVERED BY THE APPLICATION (If space is inadequate, attach on separate page. If request involves chanve to more than one zoning district, include separate legal description for property involved '~n each district. If property is odd-shaped, submit four (4) copies of sup,,ey (I' to 400' scale). THE APPLICANT IS RESPONSIBLE FOR SUPPLYING THE CORRECT LEGAL DESCRIPTION. IF QUESTION AR/SE CONCERNING THE LEGAL DESCRIPTION. AN ENGINEER'S CERTIFICATION SHALL BE REQUIRED. SECTION ~ TOWNSHIP ~ RANGE ~J2~__ W' ' ' ase l~'tir, n I~,,',,,., ,',, ,t.,~ e · % . M' r r · r r 'r ~ ' r' t 10. Address or location of subject property: · t / r r ' r ' t V r ' r'v It"' · r~ Existing land elevation Count>. Flood Elevation a. Date subject property acquired (x) or leased ( ): --20-0' . day of_~F~12~ag~ly~, 1985 Term of lease yrs./mos. b. If, Petitioner has option to buy, indicate date of option: ~ and date option terminates: ~ Does property owner own contiguous property to the subject properw? If so, give complete legal description of entire contiguous property. _.tm_ THIS APPLICATION IS INTENDED TO COVER: (Check which type of petition you are requesting): .-.K__ A. REZONING: PRESENT ZONING ' v REQUESTED ZONING ~ ' v REASON WHY APPLICATION SHOULD BE APPROVED: -4-17- 19~7 I :B~.d FRei NAPLF~ I::;:EALTY NI~.$I 2G26(~33 =.2 11. IS PROPOSED USE PROHIBITED BY DEED RESTRICTION? Yes .._X__ No IF YES, PROVIDE COPY OF THE DEED RESTRICTIONS. 12. I$ THIS REQUEST A RESULT OF A VIOLATION? ~ IF $O, TO WHOM WAS THE NOTICE SERVED? 13. HAS A PUBLIC HEA~o BEEN HELD ON THIS PROPERTY ¥~,2THiN THE LAST YEAR.? IF $O, IN W!qOSE NAME? · . 14. ~.yR.~E..i..~C B iRE EXi S TrNO STRUCTURE$ ON THl!! pROpERT¥, ~,O · ~'":> -----__, FRAME ---..---._, MOBILE NO.'vIE , ----..__._, OI'HE~_______ ~st duly sa'om, depose and say that am O~e land owner/agent of the pert,/described herein and ~'hich is the ~bject rentier of the proposed hearing; that all the =n~we: ~0 the qu*stlons in L"~is application, and ail sketches, gala, and o:her ;trpplemen/ary mailer znach, ro "-.,nd made pan of this application, are hon:s~ and true to thc best of our knovdcdg¢ and belief. We undersland this application must be completed and ac:ura~e before a hearing can be advcr We further permit the undersigned agent to act as our representative in markers regaxling this P Primt¢<: Name of Owner State ~ lllinois Coum of Cook The fc ¢going i.ns"zumen! was acknowledged before me this ___.Z/o~' da~ of ~ ~ ,,'ho (i .~~) Oa~ l='~ue,.d 1997 b>' ~ ~ idcr ,ificttior.) and who did (did no0 tn.kc an oath. NOTARY PUBLIC t'Printed Name) My commission expires: Signature of Agent Printed Name of Agent State of Florida Count)' of Collier The foregoing instrument was acknowledged before me this ~m~~*~Ll~as loenuncation) and who did ~) take an oath My commission expires: the and o~ (Print~ State, Court! Th.- fo b.,, COVENANT OF UNIFIED CONTROL I do hercby swear and ~ that I,· . . full power and authority to represent nad bind all hgal and equ/table ownerg caf' petty that is ~= $ubjeet of an c r V' ' v . On c r ,V' ' . thc pro~, hcrclndtcr dcscribed: Fu.rthcr, I afi"u-m th~! we are authorizcd to file thc application for the ~ and eny/a]l subsequent amendments or modifications. I understand that al! terr~ emd conditior~ of the i:D~:~.ja$[j3L~.,t are l:Lnding on all of Cook _ ~ho (h~) (h~ produced .'as identification) and Who d/d (did not) lake an NOT,,d~.y ?UBLI¢ (Printed Name) My commis:ion cxpircs: George & ~%alen Andelfinger 320-403 Horsecreek Dr. Naples, FL 34110-6033 Collier County Government Community Development Services Division 2800 Horseshoe Dr. Naples, FL 33942 Attn: Mr. R. Nino Re: PUD 82-33 {1) Dear Mr. Nino, July 14, 1997 On October 8th and 22nd 1 Commissioner, ...~,__ _ 996, we attende s ..... L~ng when this PUD was betn~ the Collier County considered for re-zoning from Commercial to Residential and construction of a fifteen story condominium of 56 units. The Commissioners voted not to approve the project. We re-zoning is now aa ~- ~-_ understand from nei hbors ~a... ~=~u~ consioered u_ ~__ g _ that · -= -ave spoken to several other owners at Princeton Place who have not received notification of meeting to consider the re-zoning and have ex- pressed that they oppose the re-zoning. Ue again oppose the re-zoning to residential for the following reasons: 1.- When we purchased our home at Princeton Place, which is adjacent to PUD 82-33 (1), we noted that PUD 82-33 (~) is listed as commercial· As commercial, we felt that buildings which would have a height of only 35 feet would be a good addition providing services to the surrounding community. 2.-The traffic impact on the community would be lower with commercial development than with high rise condominium.The low traffic count will not support high traffic commercial development such as gasoline stations and etc. On the surface, it would appear to be a "no brainer" to approve a change from commercial to residential in order to improve the community. When ou then find th-~ -=- Y look under the surface, you ~L ~-e commercial zoning is best for the community. Very truly yours, George Andelfinger 300 Horsecreek Drive Unit 101 Princeton Place Naples, FL 33963 July 10, 1997 Collier County Community Development and Environmental Services Division Current Planning Section 2800 North Horseshoe Drive Naples, FL 33942 Attention: Subject: Gentlemen: Mr. Ronald F. Nino, Chief Planner Petition Number PUD-82-33 (1) My wife and I own a Condominium at Princeton Place within Wiggins Bay, close to the intersection of Vanderbilt Drive (CR 901) and Wiggins Pass Road (CR 888). We have received letters from you on two previous occasions regarding petitions for amendments nearly identical to the one which is the subject of your third letter, dated June 27, latest of this series of petitions appears to be 1997. The slightly different from the earlier ones. It asks for only amendment of the Wiggins Bay PUD to allow residential uses and eliminate commercial uses in the commercial tract, specifically allowing 56 dwe structures lling units i up to seven stories hi-~ __ n one or more believe) 3 5 acres at the southeast corner of Vanderbilt · ~. un property comprising Drive and Wiggins Pass Road. We believe the minor changes embodied in the latest petition Would not substantially alter the negative impact of the proposed development and w_~ for commercial u os ...... P ._perry should o v 1. The owner/owners of that property knew when they acquired it, that it was not to be used for residential purposes. The request should be denied unless it would have no adverse impact whatsoever, on nearby properties, the interests of property owners, traffic patterns, safety, etc. 2. Owners of nearby residential property and Condominiums have already suffered obstructions and changes in their viewscapes because of recent, unexpected erection of high-rise buildings at the Pelican Isle development. Still more buildigg~l~.~.._~..._T.' July 10, 1997 Page 2 this area, even of heights up to.seven stories Would dominate views from all directions, creating an unsightly distraction. Our Princeton Place condominiums are five stories high and others within Wiggins Bay are even shorter. Population density in that general area is already greater than the roadways (Vanderbilt Drive and Wiggins Pass Road) are capable of safely handling. That problem will only worsen after completion of the Pelican Isle and Tarpon Cove developments. We therefore object to the addition of as many as 56 dwelling units in that area for safety reasons. The safety problems associated with such a development Would not only affect local residential and Condominium property owners .....it would also threaten traffic accidents for people entering and leaving the county park across launching area. h, ~ ..... th~ ~reet, the boat . t ...... ~ Guard station and the Wiggins Pass marina. In addition, the bridge over Wiggins Pass presents an obstruction to the views of traffic approaching from the north and south, with very little remaining space to slow down or stop in the event of pedestrian or automobile traffic problems. 5. For the above reasons and other amendment, With its r .... .~__ _si ~e proposed PUD --~n~ building(s) would certainly lower local property values, including those of our Condominiums~at Princeton Place· I know we speak for many other residents at Princeton Place and in the Wiggins Bay location when we ask for disapproval of Petition Number PUD-82-33 (1~ Yours ve,ry/t~iy, - ordier WKC:mp 349 Aurora Street Hudson, O}{ 44236 Phone: 216-~53-9739 300 Horsecreek Drive Unit 101 Princeton Place Naples, FL .33963 July 10, 1997 Collier County Community Development and Environmental Services Division Current Planning Section 2800 North Horseshoe Drive Naples, FL 33942 Attention: Mr. Ronald F. Nino, Chief Planner Subject: Petition Number PUD-82-33 (1) Gentlemen: My wife and I own a condominium at Princeton Place within Wiggins Bay, close to the intersection of Vanderbilt Drive (CR 901) and Wiggins Pass Road (CR 888). We have received letters from you on two previous occasions regarding petitions for amendments nearly identical to the one which is the subject of your third letter, dated June 27, 1997. The latest of this series of petitions appears to be only slightly different from the earlier ones. It asks for amendment of the Wiggins Bay PUD to allow residential uses and eliminate commercial uses in the commercial tract, specifically allowing 56 dwelling units in one or more structures up to seven stories high on property comprising (I believe) 3.5 acres at the southeast corner of Vanderbilt Drive and Wiggins Pass Road. We believe the minor changes embodied in the latest petition would not substantially alter the negative impact of the proposed development and we We strongly believe the subject property should only be used for commercial purposes as originally intended: The owner/owners of that property knew when they acquired it, that it was not to be used for residential purposes. The request should be denied unless it would have no adverse impact whatsoever, on nearby properties, the interests of property owners, traffic patterns, safety, etc. Owners of nearby residential property and condominiums have already suffered obstructions and changes in their viewscapes because of recent, unexpected erection of high-rise buildings at the Pelican Isle development. more buildi .~N~. , JUly 10, 1997 Page 2 this area, even of heights up to.seven stories would dominate views from all directions, creating an unsightly distraction. Our Princeton Place condominiums are five stories high and others within Wiggins Bay are even shorter. Population density in that general area is already greater than the roadways (Vanderbilt Drive and Wiggins Pass Road) are capable of safely handling. That problem will only worsen after completion of the Pelican Isle and Tarpon Cove developments. We therefore object to the addition of as many as 56 dwelling units in that area for safety reasons. The safety problems associated with such a development would not only affect local residential and condominium property owners ..... it would also threaten traffic accidents for people entering and leaving the county park across the street, the boat launching area, the Coast Guard station and the Wiggins Pass marina. In addition, the bridge over Wiggins Pass presents an obstruction to the views of traffic approaching from the north and south, with very little remaining space to slow down or stop in the event of pedestrian or automobile traffic problems. 5. For the above reasons and others, the proposed PUD amendment, with its resulting building(s) would certainly lower local property values, including those of our condominiums at Princeton Place. I know we speak for many other residents at Princeton Place and in the Wiggins Bay location when we ask for disapproval of Petition Number PUD-82-33 (1~ Yours ve~y/'c~/~ly, illiam K. Cordier WKC:mp 349 Aurora Street Hudson, OH 44236 Phone: 216-653-9739 Sul. 15 1997 10:41~ P2 George & Helen Andelfinger 320-403 Horsecreek Dr. Naples, FL 34110-6033 July 14, 1997 Collier County Government Community Development Bervi¢ls Division 2800 Horseshoe Dr. Naples, FL 33942 ~7 Attn: Mr. R. Nino Re: PUD 82-33 (1) Dear Mr. Nino, On October 8th and 22nd 1996, we attended the Collier County Commissioner's meeting when this PUD was being considered for re-zoning from Commercial to Residential and construction of a fifteen story condominium of 56 units. The Commissioners voted not to approve the project. We understand from neighbors that re-zoning is now again being considered. We have spoken to several other owners at Princeton Place who have not received notification of meeting to consider the re-zoning and have ex- pressed that they oppose the re-zoning. We again oppose the re-zoning to residential for the following reasons: 1.- When we purchase~ our home at Princeton Place, which is adjacent to PUD 82-33 (1), we noted that PUD 82-33 (1) is listed aa commercial. As commercial, we felt that buildings which would have a height of only 35 feet would be a good addition providing services to the surrounding community. 2.-The traffic impact on the community would be lower with commercial development than with high rise condominium.The low traffic count will not support high traffic commercial development such as gasoline stations and etc. On the surface, it would appear to be a "no brainer" to approve a change from commercial to residential in order to improve the community. When you look under the surface, you then find that the commercial zoning is best for the community. Very truly yours, George Ande!finger Fr~ncl, J. H~[~, M.D. 2300 Winclsor Mall P, rh Rids, e, llhnol. 60068 PRINCETON PLACE AT WIGGINS BAY CONDO III July 11, 1997. Dear Mr. Nino, As residents of Princeton Place at Wiggins Bay community, we are strongly opposed to any change in zoning for the property described in Petition No. PUD-82-33(1). All of the residents purchased their properties knowing that this parcel was zoned commercial and were not concerned with mid and high rise buildings blocking their views and adding additional density. Please note that the northwest and west exposure of the west end units especially, would be severely impacted by a 7 story structure. The actual distance to such proposed PUD would be as little as 250 feet. Sincerely, Board of Directors Frank Beckerer, President Roy Louth, Vice-President Tom Bell, Treasurer PEL BROWN 14 Round Hill Road Watch Hill, R.I. 02891 Julv 7. 1997 Collier County Government Communitv Development Services Division 2800 North Horseshoe Drive Naples, Florida 55942 Dear Sir: In regard to your recent correspondence concerning Petition No. PUD-82-35(1), Michael R. Fernandez,AICP, representing Harig Manufacturing Corporation, requesting a rezone, I would like to be put on record that I do not favor this. This particular intersection, Vanderbilt Drive and Wiggins Pass Road, is a hazardous situation regarding traffic flow. It is now extremely difficult to go either south from Wiggins Bay Rd. or to turn East from Vanderbilt South during the ~inter season. I feel a study should be done on this before preceding with approval. If there are going to be another 5& units at that intersection, it will ~dd to the congestion already there. I also do not understand why this could not be brought up during the months when the majority of property owners are in Naples, so that we could personally represent ourselves. 1 hope you will consider my request. Very truly yours, ~iggins Presexvo 651 ~iggina Lake Drive (102) Naples, Florida $~ 3~110 July 6th, 1997 Re: Petitic~ No. PUD 82 33 (1) ~x'. ~o'bex% p Nino Chief Planner Collier County Couunity Development Ser~lcea Dlt~.alon 2800 N. Hca'aeahoe Drive Na. plea, Fl. 33~2 Dear Mr. Xinof I am in receipt of your letter dated June 2~th, 19~7 re~max~ the rezoning in the above referenced petition. Eindl7 be advised that y strongly oppose this petition based on the gr~u~&s that it would be a sewer, water, traffic a~d road problem a~ to what we are encountering at this time due to ~ver developmemt at the north end of to~n. Very tx-hly yours, ORDINANCE NO. 97- AN ORDINANCE AMENDING ORDINANCE 82-121, AS AMENDED, WIGGINS BAY A PLANNED UNIT DEVELOPMENT, PUD, BY PROVIDING FOR: SECTION ONE: AMENDMENT TO M;O(IMUM GROSS PROJECT DENSITY SECTION; SECTION TWO: ~J~ENDM£NT TO COMMERCIAL SITE SECTION; SECTION THREE: AMENDMENT TO MULTI-FAMILY DWELLING UNIT DISTRIBUTION SECTION; SECTION FOUR: AMENDMENT TO MASTER PLAN SECTION; SECTION FIVE: EFFECTIVE DATE. WNER£AS, on December 28, 1982, the Board of County Cor=aissioners approved Ordinance Number 82-121, which approved the Wiggins 8ay Planned Unit Development (PUD); and WHEREAS, Michael R. Fernandez, AICP on behalf of the Harig Manufacturing Corporation owner of certain land in the Wiggins Bay PUD petitioned the Board of County Cormmissioners of Collier County, Florida to amend Ordinance Number 82-121, as set forth below: NOW, THEREFORE BE IT ORDAINED, by the Board of County Commissioners of Collier County, Florida: SECTION ONE: AMENDMENT TO UNNUMBERED SECTION - F~%XIMUM GROSS PROJECT DENSITY The Section entitled "Maximum Gross Project Density" of the Wiggins Bay Planned Unit Development (Ordinance No. 82-121 as amended), is hereby amended to read as follows: Maximum Gross Project Density 4-~ 5.0._._~5 units per gross acre buildable on site; total dwelling unit count not to exceed 6~ 749 units. SECTION TWO: AMENDMENT TO COMMERCIAL SITE SECTION The Section entitled ~Co~ercial Site" of the Wiggins Bay Planned Unit Development (Ordinance No. 82-121 as amended), is hereby amended to read as follows: Multi ~ ~~ Co_m~.i?sion~ bu~ in ~llier Co ~ trac ........ u~t ~and ~nt Plan Conse~~nd Collier c~,,~ ,..~ ~ .... ;iZ~ -~'-_~ ...... ',~-- cmen~ ~lement a SECTION TM~EZ= ~EN~ZNT TO MULTI-F~ILY DWELLING UNIT DISTRICUTION SECTION. The Section entitled 'Multi-Family ~elling Unit Districution" of the Wiggins Say Planned Unit ~velopment (Ordinance No. 82-121 as amended], is hereby amended to read as follows: Multi-Family ~elling Unit Distribution Multi-Family dwelling unit distribution shall occur generally as indicated on the approved Master Plan. Two or more adjoining multi-family sites ~y be Joined to become a single development site. With the approval of the Director, side lot lines and the distribution of multi-family dwelling units indicated on the approved Master Plan may be modified, so long as the total multi-family dwelling unit count does not exceed ~ 749~ SECTION FOUR: ~ENDMENT TO ~STER P~N SECTION The Section entitled "Master Plan" of the Wiggins Bay Planned Unit Development (Ordinance No. 82-121 as amended], is hereby amended to read as follows: Master Plan The approved Master Plan shall also constitute the approved Subdivision Master Plan. The Master Plan is hereb amended multi-f~and a seven (7) s~r~ SECTION FIVE: EF~CTIVE DATE This Ordinance shall become effective upon filing with the Department of State. PASSED ~D DULY A~PTEO by the Board of County Co~issioners of Collier County, Florida, this ~ day of ., 1997. A~EST: BOAR~ OF COUNTY CO~ISSIONERS ~IGHT E. BR~K, CLERK COLLIER COUNTY, ~RIDA BY: TIMOTNY~ APPROVED AS TO FORM AND LEG~L SUFFICIENCY: ASSISTANT COU~y ATTORNEY W°rds--~-~L~ are deleted; words ~ are_added.L-[ ' EXECUTIVE SUMMARY PETITION SNR-97-10, CLYDE C. QUINBY, REQUESTING A STREET NAME CHANGE FROM VILLAGE WAY TO GLEN MEADOW LANE, IN TRACT 7 OF VILLAGES OF WYNDEMERE, IN SECTION 19, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDP~ ~~' For the Board of County Commissioners to consider and take action on a petition to rename Village Way, located in the Villages of Wyndemere, to Glen Meadow Lane. CONSIDERATION: Mr. Clyde C. Quinby is requesting a street name change to Glen Meadow Lane from Village Way in the Villages of Wyndemere as a way to better define this area. Mr. Quinby is the owner and developer of lots (one through thirteen.) Lots one through three will enter offEdgemere Way East and these addresses will remain the same. The remaining lots, four through thirteen, will enter off.the road known as Village Way. This road only services these lots and is separate from the village units on the North side of lot thirteen. Originally, this section was to be developed as condominiums. It is now being developed as nine zero lot lines units. Therefore, Mr. Quinby is requesting this change in order to give a new identity to lots four through thirteen. Staff finds no inconsistencies with this petition in accordance with the Addressing Ordinance 97-9. The petitioner has provided a minimum of fifty percent plus one of the property owners in favor of this street name change. FISCAL IMPACT: There is no fiscal impact to Collier County since this road is not maintained by the County. The Developer will be responsible to provide the appropriate street signs at his/her expense. SEP 2 3 1997 A I P : None R NDA : That the Board of County Commissioners approve Petition SNR-97-10 to change Village Way to Glen Meadow Lane. Robert Salvaggio 'L/{ Customer Sen'ice Agent Supervisor Date: REVIEWED BY: ~ Ed Perico, CBO Buildin~ Director Date: En,,'irotm~c~al Service DivL.4on AdminLslmlor SEP 2 3 1997 ¢ P~SOLUTION t:O. ~'7-~ RESOLUTIOJl RE~;~.MING VILt--'--GE WAY TO MEADOW LANE", WHICH ST~E~-T IS LOZATED TRACT 7 OF VILLAGES OF Wy::DEMERE SUBDIVISION, LOCATED I.H SEC?iCJ: 19, TOWNSHIP 49 SOUTH, P~.:IGE 26 EAST, COLLIER COUNTY, FLORIDA. WHEREAS, the Board of County Ccrmi~sioner$ is a:~thcrized puts=ar.% authority of Chapter 336.05, Florida Statutes, to nar. e or rename streeTS and roads, except for certain state roadS; and WHEREAS, the Board of County Com~,issioners has been requested to confirm the renaming of Village Way to Glen Meadow Lane. This located in Section 19, Township 49 South, Range 26 East, Collier Cci?.=?', Florida, Tract 7 of Village~ of Wyndem. ere, according to the thereof, recorded in Plat Book 28, ?a~e 9, of the Official Records cf Collier County, Florida; ;;HEREAS, there appears to be no street ~n Collier Coun=y with %his na=e or an)' sir. ilar sounding name; and 9;HEREAS, it is necessary for identLficaticn p=rposes to confirr, the nar. e of this street, CC:::TY CC:.::':: 25 O~ CO~LiER COU::TY, 2~ The nar. e of this street is here~)' c:.ange~ ' Village Ia',' Heacow ~ane and is confi:med as suck. r ..... e~ in the Public Records of Collier County, FioriC~, ar.: note~ u~:n the street and z:ning atlases of Collier C:':nty, a=.i r. ctat~cns ma~e cn t~.e referenced 32 This Resolution adopted after moticn, sezon~ an~ najcrity ~3 Done this day cf , 1997. .35 ATTEST: ECARD OF COUNTY CO~-:iSSIONERS COLLIER COUNTY, FLORIDA BY: TI?:OTKY L. HANCOCK, Chairman 39 ¢0 DWIGHT E. BROCK, Clerk Approved as to Form and Legal Suf fici~ncy: 4v Assistant County Attorney J SEP2 1997 -® SEP 3 3 1997 IqEC VED AUG 1 l Iggl E×RJ~IT 17 DAT~: " ~ . .' '" Address: ~ ~~ ~ I LOCATION: Subdivision: ~recorded Plat: ~ ....... RECO~'DAT IONS: -- ..... SEP ~ 3.1.~7-.. PETITION SNR-97-6, CAROLINE SPOUNIAS, REQUESTING A STREET NAME CHANGE FROM 2"~ AVENUE S.W. TO MAHOGANY RIDGE DRIVE LOCATED IN GOLDEN GATE ESTATES UNIT 32, IN SECTION 9, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. ~l~ For the Board of County Commissioners to consider and take action on a petition to rename 2~ Avenue S. W. in Golden Gate Estates to Mahogany Ridge Drive. _~ Ms. Caroline Spounias is requesting a street name change to Mahogany Ridge Drive from 2"a Avenue S. W. in Golden Gate Estates. The application from Ms. Spounias indicated the reason for the proposed change is to" Better define the area as Logan Woods" which she identifies as 2"d, 4u', 64 and 8u' Avenue S. W. in the Estates. The Building Review & Permitting Department has received approximately four telephone calls in the last week in opposition of this proposed change. Also attached is one letter in opposition to this proposed change for your review. Staff finds no inconsistencies with this petition in accordance with the Addressing Ordinance 97-9. The petitioner has provided a minimum of fifty percent plus one of the property owners in favor of this street name change. ,F_J~: The fiscal impact to Collier County consists of a one time cost to replace two street signs at approximately $100.00 each. The Transportation Department will be responsible for changing these signs. The funds are available in Fund 101, Cost Center 163630. GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: That the Board of County Commissioners approve Petition SNR-97-6 to change 2~ Avenue S. W. to Mahol ;any Ridge Drive. ~o~,j~.~ ~... --.. .o. / ~--4~.~ j ~,,/~---'-- $EP23 1997 [ ~61997 SUBMITTED BY~ Customer Service Agent Supervisor REVIEWED BY: ~~ rico CBO Building Official Date: Date: ~'/,.'- .C .~ APPROVED BY: Date. · vincent A. Cautero, AI~'~' ' Community Development & Environmental Services Division Administrator P.B. P~, COLLIER COU,':T'~; FLC,'-, AG£~II~A ITEM SEP S 3 1997 Henry~Laverne Clemmensen 4890 2nd avenue SW Naples, FL, 34119 July 30th 1997 Dear Robert Salvaggio, On tuesday August 26 1997, the Board of Commissioners are considering approval of Petition SNR-97.6 of renaming 2nd avenue SW to Mohogamy Ridge Drive. I wish to inform you that we are against this change. we would like 2nd avenue to stay as is. ~incerely, Henr.y' Cl emmensen AS ,uE[tTI, ,~:J,utl ~';D ¥~HO D~D/DiD ~OT 7A~;E ~'l OATH ~OTARY PU~UC AGENDA ITF..M . SEP 2 3 ~997 DATE:" TYPE OF REQUEST: EXEIBIT 17 D I',/I S IO.~ O~ ~TDEVELC pZF..,:T A~ress: Unracorde~ Plac: Acreage - Section: ~ LEGAL DESCRIPTION: REASON (if applicable): ,'~x; --,,,~ ;?,~. /,,,e~. ,, , .. ., ~ "~'~: '/'"~ ~ -"'. 7~ /4< :,.~. _,, ,. P~ZTION~: ~?~, /','C ~ CO~NTS: P'E C 0 MAw'~-~'DAT I 0 N S: PETITION TO THE BOARD OF COU~;TY CO:.~I,cSiONERS OF COLLIE?, COUNTY, FLOP, IDA: THE UNDERSIGNED PETITIONERS EE.=.EBY REQUEST THE BOARD OF COC:;Tf CO.V2'!ISSIONERS TO CH$_XGE TEE NAM~E OF THE FOLLOWING DESCRIZED STP~-~;... FOR THE FOLLOWINC REASCY(S): ·. DAT=- ~--/- 77 PETITION s IG.~ATURE LEGAL D£$C. DATZ q8~O Z''''d /tv£ %., ~,,,,,F??z 7',e4~/¢ loq TO TH£ BOARD 0:' ........... :..~, C? THE '" -' b,,D.RS IG%ZD C0'~g'IISSiONEP, S TO C~L~2;G-' 2nd AVE. and Logan Blvd. FOR THE TO IDENTIFY AREA BETTER THEN IT IS KNOW: JOHN AND ALINA SAVOREIKA L E'2..:L r'"-.~C.. ALL OF TRACT 15,G.G.E~ ACCORDING TO PLAT BOO~ PUBLIC RECORDS OF COLI EC?, 2H-2 S'CLLGViS.G ?.--.;.SCS: 1],: TO THE BOAi~ OF Cu~ .... C.3:."'.;i.'.lZ;':7. Y .'.'- C:.LL:Z?, COUI;TY, FLORIDA: THE UMDZRSIG::E~ ?E:[TIC::.'-..=.~. :-'.l?.'.':" .-'..=.:L'Z.~T ::-:Z ~OA2~ OF CCU',ITf CO.'C.?.SSIO,X£MS TO CU_:.':O-- ?'.-'.Z..,.__: r?, ::.:: FLL'_:;:.'.':$ &ESC?,:ZZg S~. C~"¢", l O:<:?,S i'0, C'~ '"'-- -'-' -- .... ." ............... ........... ,' .............. ZZSC?.:i,Z~c~.~. 1 $ 11 17 21 ,:,~, ;'6 3o 3? 4o 4S P"$,3L'J.-iON t;O. 97- RESOLU?IC:: RE:;;'.!-':;G 2~': AVENUE S.W. TO "M~HG~ANY RIDGE ~?.IVE", WHICH STREET IS LOCATED It: GOLDEN GATE ESTATES Ut:IT 32, IN SECTIO:: 9, ?$W:;SHIP 49 SOUTH, 26 EAST, CGLLIER COUNTY, FLORIDA. WHEREAS, the Board cf County Cor~.issioners is authorized pursJant to authorlt7 Of Chapter )36.05, Florida Statutes, to name or rename streets and roads, except for certain state roads; and WHER£A3, the Board of County Cot.missioners has been requested to confirm the renaming of 2~: Avenue $.W. to Mahogany Ridge Drive. This street is located in Section 9, Township 49 South, Range 26 East, Collier County, Florlda, Ge!den Gate Estates Unit 32, according to the plat thereof, recorded in Plat ~cok 7, Page 21, of the Official Rec:rds of Collier County, Florida; WHEREAS, there appears tc he no street in Collier County with this name or any similar soundLnG name; and WHEREAS, it is necessary for identification purposes to confirm the name of this street, NCW THEREFOr. E, 5E ii ~.ESCiVED 5Y THE ~OARD OF COUNTY CO:.2.:iSSIC::ER~ OF COLLIER COUNTY, FLQRiiA: The name of this street is he£e~y changed from 2n= Avenue $.W. to Mahogany Ridge Drive and is confirmed as such. BE IT FURTHER RESOL';ED that this Resoluticn be recorded in the Public Records of Collier County, Florida, and noted upon the maps of the street an~ zonin~ atlases cf Collier County, an5 notations made cn the referenced Plat. This Rmsolution adc~ted after motion, seccnd and majority vote. Done this ATTEST: __day of , 1997. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, ~LORIDA BY: DWIGHT E. BROCK, Clerk Approved as to Form and Legal Sufficiency: - MarJor:i]~ M. Studen~r~ Assistant County A~torne~E~--~'~'~. TIMOTHY L. F.%NCOCK, Chef.--man PETITION SNR-97-7, CAROLINE SPOUNIAS, REQUESTING A STREET NAME CHANGE FROM 4th AVENUE S.W. TO CARROTWOOD ROAD LOCATED IN GOLDEN GATE ESTATES UNIT 32, IN SECTION 9, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. ~ For the Board of County Commissioners to consider and take action on a petition to rename 4'~ Avenue S. W. in Golden Gate Estates to Carrotwood Road. ~ Ms. Caroline Spounias is requesting a street name change to Carrotwood Road from 4th Avenue S. W. in Golden Gate Estates. The application from Ms. Spounias indicated the reason for the proposed change is to" Better define the area as Logan Woods" which she identifies as 2"~, 4"~, 6~ and 8t~ Avenue S. W. in the Estates. The Building Review & Permitting Department has received approximately seven telephone calls in the last week in opposition of this proposed change. Also attached are four letters in opposition to this propose change for your review. Staff finds no inconsistencies with this petition in accordance with the Addressing Ordinance 97-9. The petitioner has provided a minimum of fifty percent plus one of the property owners in favor of this street name change. EI.S._~&kI~,A.~: The fiscal impact to Collier County consists of a one time cost to replace two street signs at approximately $100.00 each. The Transportation Department will be responsible for changing these signs. The funds are available in Fund 101, Cost Center 163630. ~M I : None REC : That the Board of County Commissioners a Petition SNR-97-7 to change 4th Avenue S. ~ ~prove SUBMITTED B~ Cu~omo' Service Agent Supervisor REVIEWED BY:~ Building Official Vincefi~ A. C~ulero, AICP Community Development & Environmental Services Division Administrator '$EP :~ 3 1997 ~L_ GOLDEN GATE ESTATES GOLDEX G~TE EST~'TES P.8. PG. 2:~ 2: 22 2~ COLLIER COU!,'T Y. 1997 CARROLL & CARROLl REAL ESTATE APPI:::~ISERS NA/~..ES. F1.OFKIDA 34112 PHONE (941) 77~-1147 FAX (941) 775-21~4 JULY 30, ~97 M3~. ROBERT ~ALVA~QZO CUSTO,I.~R SEXY'ICE SUPERVISOR CONNUNZTY DEVELOPKZNT SERVICES DZVISZON COLLIER CO~rlITZ GOV'EZOO,I~L'NT 2800 #ORT~ EOR.S~SBOI: DRIVE NA?L~S, FLOR/DA 34104 DEAR KR. SALVAGGZOs PETITIO~ YOUR LETTER OF 8-1~-~? AS Z UNDEi~TAND THE SUBJECT PETITION, IT IS TO CHANGE TRF- NAME OF 4~h AVENUE SOUTHWEST TO CARROTWOOD A.~TER DUE CONSIDERATION NY WIFZ AND I WISH TO OBJECT TO TIFE PETITION. WE DO NOT WISH TO RAVE T~1' ~ OF 4=h AVENUE SOUTH%~EST CHANGED. IF YOU HAVE QUESTIONS, OX NEED NORE INFOR/~ATION, PLF. A~E CONTACT CARROLL & CARROLL REAL ESTATE API~RA~ERS I. E. "~RNIE' CARROLL REAL'roRs Joyce c. Doering 5010 Fourth Avenue SW Naples, Florida 34119 Phone (941) 455-5932 Fax (941) 352-2317 August 5, 1997 ~. Robert Salvaggio Custotaer Sevice Supervisor 2800 Horseshoe Drive Naples, FL 33942 Dear Mr. S~vaggio: In regards to Petkion SNR-97-7 that would change the name 4th Avenue S.W. to Carrotwood Road, I am not satisfied with the name change. I would Like to suggest Palmetto Pines Drive or Palmetto Ridge Drive which would be more appropriate for our au'ea. I am in agreement with the proposed Logan Woods unit. Please t~e this into consideration at the August 26th meeting. Thank you for your attention. Sincerely, ~:~/c~ C. Do,ring ' Golden Gate Estates, Unit 32, W180 ft. of tract 90, O.R. 893, Page 495 5455 4th Avenue, S.W. Naples, Florida 34119 August 1, 1997 Mr. Robert Salvaggio, Customer Servica Supervisor Collier County Government 2800 Horseshoe Drive Naples, Florida 33942 Dear Mr. Salvaggio: I would like to express my opposition to approval of Petition SNR-97-7 that would change the name 4th Avenue, S.W. to Carrotwood Road. First of all, the carrotwood is an invasive trash tree that is likely to go the way of the melaleuca and the Brazilian pepper as far as Florida agriculture is concerned. I don't want a street named after a known pest. Second, the range of street names presented by the 2nd Avenue, S.W. committee varied from the sublime (Mahogany Ridge Drive, Tamarind Ridge Drive, Sycamore Drive) to the cutesy (Locust Lane) to the coarse (Carrotwood Road). The four streets (Sth, 6th, 4th, and 2nd Avenues, S.W.) are to be further designated as a conglomerate known as Logan Woods. Three of the trees ameng the choices are not Florida woods trees. Therefore, there is no common thread in the spirit of the naming except for the fact of plant life. Third, the only name among the five choices that had a truly native, classy, and important ring to it (Mahogany Ridge Drive) interestingly was awarded to the committee heads' street--2nd Avenue, S.W. Fourth, the only street that in fact has a semblance of a "mahogany ridge" is mine, 4th Avenue, S.W., which supports three large mahoganies on the northeast corner lot. Fifth, the prime mover for the petitioning,.Mrs. Carrie Spounias, has her home on the market for sale and is, therefore, seemingly more motivated by "the opportunity to enhance the value of our area" (words quoted from a memorandum bearing her name) than by neighborhood identity. I will go along with the wishes of my street because I believe in democratic processes, but I suspect there are a number of other neighbors that are as bothered as I am by what is happening. Sincerely, Mary Jo~ ~'racy SEP 2 3 1997' 4850 l~r is, ~ De~Mr.S~vqgim 1 &m In recctpt of your letter ~Lufed Aq~tst !1, 1997 regarding ~ PLANNING concel~lng the per,ion (o rename our street from 4" Avenae, S.W. to Cerroovood Rood. i w~uld lJXe to go on record as being Proponents of the pcfirton have failed to look ox long-ecrm co6t~ involved. C'~&uglng thc strcct nmne will not make the prope~cs olay more or Leu v&luablc nd that b wh~t they f~II to sec. ,ptel he~ enoqh trouble 8~-r,~ng our m~Ll to the right oddresscs now. Why contuse the Jmue~ service their cstbn-rc of $1 per &ddrcss (owucr) to m&kc thc ch&ugc Ls ludicrom. They kayo compic~cly fa]]od to t&ke JAto accozmt the costs hxvolved Lu just maklng tkls change known to friends, rehtive~ publ~shcn, autolnatic~ forwarded m hi the past. Thc ~r computerized policy 10 to kick beck the mai] to the oeodcr indicating the chanre~ it will c~t Cbc se~der double ir the or~tnal midreM is not corre~ This will deity mall and Ig~Slbly came larger problems when mall cannot be dcl~verexL i realize ckls is · short-(erin problem which ~ ~ ~om~ h~, ha~g ~ ~ ~ h a ~ te~ ~e ~ oht n ~ ~c ~ nd ~ a ~ ~ ~u~ ! ~ m ~t to ~e a ~ nme ~ for a ~. People who purch&~-d their lots here vere aware or the ftddrem at the time of* thax purchase. Over ImiMbag tory &rea is · de~th knoll for the owncrL Com~ up ~irJt a omme change to ~e to pruspecth~ Jmyen that oxxy ~tre~ is more cl~c or preferred b foolish. Knowledgeable lmyen look ~r m~u---oo~ st3Tct namco.-,whcn Imrchming. Lf the pedtioucn truly lind other th~ their o~ns purlMsCS In mtmi, they would hsve hcluded the whole erc~ up to Vendcrbt]t Beach F. xtembn. They did not do so (&ud would oppose doinf so) became thc homes om those streeu doa't "mem~re up~ to vlmt they mt vitMn the designated sre& In hct, if the area had been imcludcd, ! probeb]y m2~d ~ot imve been so agaimt the Me& I line to see government and trmttng Pe°ple mmstpul~ml f°r lWJvate ~ ~or galm. We hrve em:~gh or that gnlng oa mjt b. PATRI( iA DATE; ~Y~E OF REQUEST: Proposed $~ree~ Name: Address: LOCATIOn: Subdivision: Unrecol~ed ~lac: Acreage - Section: CC,_'!'tENTS: KECO?OZ~-N~ATION$: ~0 TH~ [OA?_~ CF COL~.;~.¥ CC:.2:~'-~''.::-'?.-' C.-- COLL?-Z CO~;:ZY, .... -..'.'.':- .~ -. ,.:.....; . - .. . _ .'... .... ' . ., '..'...i..:..~ .:., :.: · . . -. . · .. -.:.-,__,..-'.....,..~..,.~ - .....~ '. ..... .I · ~. :. . %- -. . ...- . .' -.'- .. ..... .... ....... . .... -.,... ,"..;' ... - . ..--;],- 'O 3. · $ '7 S 1.0 3.3, 3,2 1'7 3.11 2O 23. 22 25 2'7 2~ 35 3,'/ 40 ¢1 42 44, 45 4& RESOLUTION NO. P~SOLUTION RENAMING 4~" AVENUE S.W. TO 'CARROTWOOD ROAD', WHICH STREET IS LOCATED IN GOLDEN GATE ESTATES UNIT 32, IN SECTION 9, TOWNSHIP 49 SOUTH, RANGE 26 FAST, COLLIER COUNTY, FLORIDA. WHEREAS, %he ~oe~d of Coun%y Co~=~lssioners is authorized pursuant to authority Of Chapter 336.05, Florida Statutes, to name or rename streets and Folds, except faf certain state roads; and W~E~, ~ha Board of County Co~lmiasioners has been requested to confirm the renaming of 4~ Avenue S.#. to Carts%rood Road. Tkis street is located in Sec:ion 9, Township 49 South, Range 26 ~ast, Collier County, Florida, Golden Gate Estates Unit 32, according to the plat thereof, recorded in Pla= Book 7, Page 21, of the Official Records of Collier County, Florida; WHEREAS, there appears to be no s:ree% in Collier County with this name or any similar sour. ding name; and WHERF. A.S, it is necessary for identification purposes to confirm the name cf this NC7; TKER£FORE, GE iT PESOiVED BY THE BOARD O? COUNTY CC:-i.[iSSiCNERS OF COLLIER COUNTY, FLORIDA: $ ee The name of this Jr = is hereby changed from 4'" Avenue Carts%wood Road end is ccnfirm...ed as such. Public Records of Collier County, ._o.xda, and nc=ed upon the maps of %he s:ree= and zoning a=iases of Cciiier Coun=y, and notations mate on %he teleran=ed Plat. This F. esolu=ion ados%ed el=er motion, SeCOnd and majority Done %his ~ay of , ATTEST: 5OARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA 5¥: TIMOTHY L. HANCOCK, Chairman DWIGHT E. ~ROCK, Clerk Approved as to Form and Legal Sufficiency: MarJorie M. Student Assistant County Attorney EP ~ :~ 1997 PETITION SNR-97-8, CAROLINE SPOUNIAS, REQ~G A STREET NAME CHANGE FROM 6th AVENUE S.W. TO TAMARIND RIDGE DRIVE LOCATED IN GOLDEN GATE ESTATES UNIT 32, IN SECTION 9, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. ~ For the Board of County Commissioners to consider and take action on a petition to rename 6th Avenue S. W. in Golden Gate Estates to Tamarind Ridge Drive. .~ Ms. Caroline Spounlas is requesting a street name change to Tamarind Ridge Drive from 6th Avenue S. W. in Golden Gate Estates. The application from Ms. Spounias indicated the reason for the proposed change is to" Better define the area as Logan Woods" which she identifies as 2~, 4~, 6~ and 8~ Avenue S. W. in the Estates. The Building Review & Permitting Department has re:eived approximately three telephone calls in the last week in opposition of this proposed change. Also attached is one letter in opposition to this proposed change for your review. Staff finds no inconsistencies with this petition in accordance with the Addressing Ordinance 97-9. The petitioner has provided a minimum of fifty percent plus one of the property owners in favor of this street name change. ~I~I,.ll~&QI: The fiscal impact to Collier County consists of a one time cost to replace two street signs at approximately $100.00 each. The Transportation Department will be responsible for changing these signs. The funds are available in Fund 101, Cost Center 163630. None ~: That the Board of County Commissioners a Petition SNR-97-8 to change 6th Avenue S.~ Ridg, 8EP2~1997 pprove SUBMITTED B~ Custome S~rvk~ Alsm Sup~vtsor REVIEWED BY:~ Ed Pm4co, CBO Buildiw, Off~cia] APPROVED BY Date: ~'in'c~nt/~. Ca'ulero, AICP Community Development & Enviro~en~l Services Division AdminisWator GOLOE~ G~TE ES~&TE$ d UNI~ 34 "'~'~' [ I~. ~ CO[..LIERCOU!~TY, FLOF , JuJy 28, 1997 Mr. Robert Salvagg~o Customer Service Supervisor Collier County Government Community Development Services Division 2800 North Horseshoe Drive Naples, Florida 33942 RE: STREET NAME CHANGE FROM 6TH AVENUE SW TO TAMARIND RIDGE DRIVE De~' Mr. Saiv~gio: Please let this letter serve as notice that we are not in agreement to chanffing the nme of our street. After changing all of my credit cards, checks, banks accounts, etc. when the a~e~ code changed and then the zip code changed. I do not v~ish to 1~o through a complete nme change. 1 find the ~ddress of 6th Avenue SW much more pleasant sounding and easier for people to underst~d ~nd takes much less time to write. I can't see any real purpose that this nazne change will serve. I hope you deny this request for a name change. Very l_b~uly yours, dF Beulah V. Fcrguson 5380 6th Avenue SW Naples, Florida 34119 State of Florida County of Collier j_~ The fo,~egoing instrument was subscribed, sx~'orn to and ackn6wled,,ed before me tNs day of ./---~'Z~ l,C~ ~ ~997 by C. Ed~vard Feruuson and Beulah V Fenmson They identification and did take an oath. My Commission Expires Serial Number, if'any Printed, Typed or Stamped Name DATE; T~E 0£ ICEQU~ST: D1.¥ISION O? CO?L.~NITY D£¥rLO?.~T RECE VE ,-'×~X],,XT x~JUH 05 1997 ~D~SS: ~,&'7/ ..~,,,~/ /I,,C ~c~.. iL~ ¢ O~Lv~,~'D AT I 0 ,'q S: FO?. 7?i-Z F¢I.LG;.:~l,:5 ?.E;...~C:; ,'-:':: ~AT~_ S IC::ATUR-Z · DA~-. T1.I,T. U~D-'-RSI. G.X~D ?--':2,?IC::;-'_RS :.~-'_.:.-2!:'f ?..".,:.L:-'.~T ~.-' ~OA.%O OF COUlt'I'Y TOi~ THE TCLLO~-rlI~G R"ASO::(S): /~ S IG:;ATUR£ . ~DR:T.$ S L 'iG~& D~.SC.:.. o " 10:2~ O2 ~ATZ THE ZCA.'--~ C.-- C5::;U'£ 12.i'C-::..:-.'.: (: C2..i..=?, COu.~.., FLOZtDA: ?0 ?.'.:~ ~SA~ ¢? C2~'1.;T':' :':~:".Z-': '.'-.7,:' C.-' COL'_:--?, COLR:?.,'. J'"'-O?,iDA: TH'r U~;~'Z~'S~C':;-'-?' ?='?-?::::".':" ~<Z:.Z' '; '~:''"":T .v,,, . ,._ · .--- '-:-.'Z -~OAg~ O? 1 2 4 S -y I ! 3~ 40 42 45 -. · :'' 4~ RESOLUTION NO. 97- RESOLUTION REN~R!NG 6=~ AVENUE S.W. TO "TAMARIND RIDGE DRIVE", WHICH STREET IS LOCATED IN GOLDEN GATE £STATES UNiT 32, IN SECTION 9, TOWNSHIP 49 SOUTM, RANGE 26 FAST, COLLXER COUNTY, FLORIDA. WHEREAS, :he Board of Coun%¥ Con~J/ssionerl is authorized pursuant to authority of Chapter 336.05, £1orida Statutes, to name or rename streets and Folds, except for certain state roads; end WHERFAS, the Bo&r~ of County Co~m!ssione:s has been requested co confirm the renaming of St~ Avenue S.W. to Tamarind Ridge Drive· This street is located in Sec:ion 9, To~nskip 49 South, Range 26 Collier County, Florida, Golden Ga:e ~statea Unit 32, according to the plat thereof, recorded in elet ~:ok 7, Fare 2~, of the Official Records of Collier County, Florida; WHEREAS, there appears to ~e no street in Collier County with this name or any similar sounding name; WH£REAS, it is necessary for identification purposes to confirm :he name of this street, NOW THSRSFORE, ~ iT RiS:L';!D ~Y ?MS EOA~D CF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLOKiSA: The name of this street is hereby changed from 6:~ Auenue S.W. to Tamarind Ridge Drive an~ is con~:~e~ as such. 8~ IT FURTHER R£S~V~O t~a~ :~ ~eso!u~ion ~e re~orded in the Public Records of Col~ie~ Co~7. F~c:~da. and ~c:ed ~on the ~aps of ~he s~ree~ and zoning a~:ases c~ Cc::~e: Coup:7. a~ notations made cn the referenced Plat. This Resolution ado~ed after ~¢~cn. ae:~d end ~or£ty Done this day of , 1997. ATTEST: BC~_RD OF COUNTY CC:.~/~.ISSXONERS COLLIER COUNTY, FLCRIDA BY: TIMOTHY L. MANCOCK, Chairman DWIGHT E. BROCK, Clerk Approved as to Forte and Legal Sufficiency: MerJorie M. S~udent Assistant County Attorney PETITION SNR-97-9, CAROLINE SPOUNIAS, REQUESTING A STREET NAME CHANGE FROM 8th AVENUE S.W. TO SYCAMORE DRIVE LOCATED IN GOLDEN GATE ESTATES UNIT 32 AND 34, IN SF. CTION 9 AND 16, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. ~ For the Board of County Commissioners to consider and take action on a petition to rename 8th Avenue S. W. in Golden Gate Estates to Sycamore Drive. .C~2hlsilIL~tI.Q~ Ms. Caroline Spounias is requesting a street name change to Sycamore Drive from 8th Avenue S. W. in Golden Gate Estates. The application from Ms. Spounias indicated the reason for the proposed change is to" Better define the area as Logan Woods" which she identifies as 2"~, 4~, 6"' and 8"' Avenue S. W. in the Estates. The Building Review & Permitting Department has received approximately two telephone calls in the last week in opposition of this proposed change. Staff finds no inconsistencies with this petition in accordance with the Addressing Ordinance 97-9. The petitioner has provided a minimum of fiity percent plus one of the property owners in favor of this street name change. lI$_Ca!~h.131ZA~I: The fiscal impact to Collier County consists of a one time cost to replace two street signs at approximately $100.00 each· The Transportation Department will be responsible for changing these signs. The funds are available in Fund 101, Cost Center 163630. ~~: None : That the Board of County Commissioners approve Petition SNR-97-9 to change 8th Avenue S. W. to Sycamore Drive. Ed Per~o, CBO APPROVED : - Vfs~m~t A. Camm~ AICi) Community Dev¢lopmem & Envircsmml~ Services Division Administrstor GoLOEN GATE ESTATES GoLOE~ G~TE ESTAIES P.M. P~. UNI1 34 ASSESSMENT t~AP COLLIER COUNTY. FLC~ iSEP231¢JCJ7 s3tON ~*~*4 DATE;" TYPE OF REQUEST: DZVISlOX OF CO~.'~'NITY DEV£LO?H~NT STREET REOUEST Proposed Sc:t,c Name: '-';//~,, .~ r~a ' '~" " · - ...... - ' ,/t I' Street ~a=e Chanle: ~ A~d~ess: LOCATION: Subdiv~sion: '~ ~A/ Unrecorde~ ~lac: RECEIVED '"x"~"zz,.,'~h 05 1~97 CC."JIE2~S: l[ECOF21~'~r~ATIONS: ---------- '2'0 Tile ~.OAILD 0:' C:O?.:TY COTD'.Z.:.":'.:;ZRF. C? COLL~Z?. COLt!iT'.~, ~'LORIDA: T14.T. U~;D-'RSIG.~rD ?=.T2TI¢:i:-?.S :'~".:.Z]':':' ?..-'.¢~:Z.~T. '~.'~.~. ~,O,L.:LD 0£ COUNTY ADDR-'_SS L Z¢,:.Z D~SC. " DAT" ........ ~: ;;~--:.-COU.~:T'£, }"~C?,iDA: TME- U~,D-.,S:G .... .~'--'.'::.':;Z:.: :~.'-"' ' ."".'Z"T -.KZ BOA.~--,~ OF CCU::TY LZ"~."_ DE.::. DATE Bill and Barbara Meyers 5381 8th Avenue SW Legal Descrip=ion of Property: THE WEST 180 FEET OF TRACT 31, GOLDEN GATE ESTATES, UNIT NO. 32, ACCORDING TO Tf~ PLAT THEREOF, AS RECORDED IN PLAT BOOK 7, PAGES 21 AND 22, OF THE PUBLIC RECORDS COLLIER COUNTY, FLORIDA. DATE 2 3 · S 22 2~ RESOLUTION NO. 97-__ RESOLUTION I~NANING E" AVENUE S.#. TO 'SYCAMORE DRIVE", #HICH STREET IS LOCATED IN GOLDEN GATE ESTATES UNITS 32 AND IN SECTIONS 9 AND 16, TOi4NSHIP 49 SOUT}t, I~.NGE 26 EAST, COLLIER COUNTY, FLORIDA. 2o WEEEEM, the Board of County Commissioners is authorized pursuant %1 to &uthority of Chapter 336.0S, Florida Statutes, to name or rename 12 streets and roads, except for certain state roads; and 1) W~EP~AS, the Board of County Co~llsionars has been requested to 24 confirm the renaming of 8~a Avenue S.H. to Sycamore Drive. This street 2s is located in Sections 9 and 16, Township 49 South, Range 26 East, is collier County, Florida, Golden Gate Estates Units 32 and 34, ac¢ordlng 2~ to the pla~ thereof, recorded in Pla~ Book 9, Pages 21 an~ 60, of the 2~ Official Records of Collier County, ~lorida; 21 WHER=_AS, there appears to be ~o street in Collier County wi~h ~his 20 name or any similar sounding name; and 2~ WHEREAS, it ts necessary for identification purposes to confirm the name of this street, NOW TEE~EFO~E, BE IT RESOLVED SY THE BOARD OF COUNTY OF COLLIE~ COUNTY, FLORIDA: The name of this street is here~y changed from ~ Avenue Sycamore Drive and is confirmed as such. BE IT ~JRTHER RESOLVED that this Resolution be recorded in the Public Records of Collier County, Florida, and noted upon the mmps cf the stree: and zoning atlases of CcLLier Coun=y, and nots%ions made on the referenced Plat. ~ This Resolution adopted after motion, second and maJori:y vole. ~2 Done tkis _day of , 34 ATTEST: ~ BROCK, Clerk Approved as to Form and Legal Sufficiency: Marjorie M. S%uden% Assistant County Attorney EC. ARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA TIMOTHY L. ~,ANCOCK, Cha;rman 199"/ EXECUTIVE SUMMARY ADOPT THE CONSOLIDATED UTILITY ADMI~STRATIVE ORDINAHCE AND ADOPT WATER-SEWER UTILITY RATES ~ Tha~ the ~mrd of County Commis$ioner~ the Governing Board of Colli~ Coumy, and a~ Ex-Officio, the Governing Board of the Collier County Water-Sewer District, the Marco Island Water-Sewer Diswict and the Goodland Water District, adop~ ~ Water-Sewer Utility Rat~ a~ discussed with the Board on Augu~ 26, 1997, and adoi~ the consolidation of the Utility AdminL~trative Ordinance. The Collier County Water-S~wer District's monthly u~"r fee rates were adopted in 1991. The Gondland Water District's monthly user fee rates were adopted in 1955. The Marco Water and Sewer District's monthly user fee rates were adopted in 1995. On April 2, 1996 S~aff provided the Board with an overview and discussion of rate i~uex and objectives for the three County utilities. This discussion was utilized in developing a scope of services for a rate study. The Board awarded Bid/RFP #96-2501 to John A. Mayer Associates to conduct a Wa~er-Sewer Utility Rate Study. On August 26, 1997, the Board of Commissioners approved the March 1997 Rate Study com:lucted by John A. Mayer Associates and the recommendations as provided in the July 1997 revisions to the Proposed Rates for the M~rco Water and Sewer Distxict, the Goodland Water District, and the Collier County Water-Sewer District (Exh~k A). The Board on Augus~ 26, 1997 authorized staff to consolidate the administrative Ordir~nces of the three Utility Dis:ricu and directed staffto amend the Ordinance in accordance with the recommended rates (attached). W' ' ' 9/ - ' ' customer ba.~, approximately 76¥, (21,000 accounts) have both water and ~ver service, $% (1,400) have water service only and 19./o (5,200) have sewer service only. The 76*/, of customers with both water and sewer service should experience little change to their monthly bill: the average single family residential customer will see a 2.4*/, increase ($1.48monthly); the average multi-family will see · 2_3% increase ($5.20 monthly or commercial customer will ~ee · 1.5% increase ($4.70 monthly). (It 1.04/unit); and the average reduction in monthly usage will save $3.41). The $% of should be noted that a 1,000 gallon customer; with water service only will experience approximately · 17% reduction in their monthly County ~ewer service only will experience · 22% increase in the bill. The 19% of customers with only ctmorners receive water service from the C. ity sewer component of their monthly bill. The sewer service. ofNaples. A typical residential member of this group currently pays $45 for wstter and sewer ~ 5EP231~7 Under the recommended ra~,%, this customer's monthly charge would be S52 or · combined 14% The recommended adjustments will restore equity of revenue and expenses between water and sewer u~ilities while meeting the goal of· neutral revenue change (less than I% in aggregate) for the combined water/sewer utility. ..... are recommended to increase by 143% or $447,000. This increase will raise reuse revenue from $313,000 to $760,000, primarily from full service reuse customers. While this is a substantial change, it is important to recognize that current reuse irrigation rates support only 32% ofthe program's annual costs. By implementing the recommended rate change, the users of the reuse irrigation system would be paying for 77% of the program's operational cost with the balance absorbed by overall water and sewer revenue. Current contractual bulk reuse customers will be transferred to the new reuse rates in accordance with contractual provisions. · ' purchases bulk water from Florida Water Services Corp. at an effective price of $3.92 per 1000 gallons ($3.92/Mgal), and is charging its customers at · rate of $2.18/Mgal. These revenues covet only 88% of the cost of purchased water and covers none of the costs incurred by Collier County for repairs, maintenance, meter reading, billing, etc. The recommended rates will reflect an ·verage increase in w·ter rat~. of $8.1% and will increase annual water revenues by $95,300. The typical residential customer will see his monthly water bill go from $32 to $39; this is · $7 or 22% change. The new rates simply represent a pass through of the Florida Water Services Corp. purchased water expense. ~ rates were adopted in Ordinance No. 95-72. The adopted rates were phased in over 2 years with the final rate effective in December 1996. The rates currently in place are adequate to meet the annual cash requirements of the utility and no rate adjustment is recommended at this time. The monthly charges will however be rounded to the nearest .05 for the ease of administration. Since the Marco Island Water and Sewer District has very limited cash reserves, it is recommended that the rates be adjusted immediately in response to any changes in bulk sewage treatment costs from Florida Water Services Corp. Ail proposed rate changes are recommended to become effective on October I, 1997 to coincide with the new fiscal year. The proposed Ordinance includes the revisions and updated district rates, user fees and charges; it combines numerous administrative Ordinances of the County's t~ree utility districts into one consolidated Ordinance; it establishes a uniform adminis'a'ative standards and procedures t'or all County utilities; and it includes a timely "Purchased Water and/or Sewer Adjustment Clause" for the Goodland Water District and the Marco Island Sewer rates in response to any increase in the cost of purchased water and/or sewer from Florida Water Services Corp. I SEP231997 I There will be virtually no change to combined ~ter nrtd sewer revenue. 'I'he total proposed water and ~ revenue would be approximately the ~4me as current water and sewer revenue. Total current revenue is $34.1 million while the recommended revenue would be $34.3 million. This equate~ to a change o{'0.'/%. The reconunended reuse irription rate chang· will increase ~ r~venue by $443,300 or 142%. For a typical residential us~ wit~ · ~A" m~.'r the monthly ch~e will increase from S$.65 to S12.20. The small user will have a 115% inc~e~nse wi~ larse~ user~ ~xperlencing up to · 175% increase (3" metier, 1,000,000 gallons - current cber~ S21'/, recommended charge $595). Goodland rat~ are rec4~rnmended to increase by $95,000 which is equal to · $ $% ~' The The ra~ adjustment ¢la~tse will allow staff to adjust this pass through cost in · timely manner. Marco rates are currently adequate to mee~ present operating costs. The rate adjustment clause will allow st&ffto adjus! this ~ through cos~ in · timely manner. ~ Recommended rates would provide adequate funding to maintain utility service at current service standard. Growth related capital requirements are funded by impact fees. ~ The Public Works Administrator recommends that the Board of County Commissioners, the Governing Bottd of Collier County, and, as Ex-Officio, the Governing Board of the Collier County Water-Sewer District, the Marco Island Water-Sewer Districl and the Goodland Wa~r District adop! the Water-Sewer Utility Rates recommended by John A. Mayer Associates, Rate Consultant, adopt the consolidation of the Utility Administrative Ordinances and approve rates to become effective October !, 1997. PREPARED BY: ~I REVIE'0V'ED BY ~ N. ~ Operations Director APPROVED COLLIER COUNTY, FLORIDA REVISIONS TO MARCH 1997 WATER, SEWER, & REUSE UTILITY RATE STUDY RFP//96-2501 JULY 1997 REVISIONS TO PROPOSED UTILITY RATES John A. Mayer ~iat~ Utility Rate Consultants Milwaukee, Wiscotasi~'-' ; JOHN A. MAYER ASSOCIATES U-r1Lrrv RAT~ CO~Sb'LTA.~rrS LRM N. R~oENT ROAD MILWAL'ILE~. WISCONSIN $321'1-2~0 {414) 352.9026 · FAX ¢4141 352-90~ Thursday, July I0, 1997 Mr. Ed Ilschner, Public Works Administrator COLLIER COUNTY GOVERNMENT CENTER Public Works Administration Building "H" - 3rd Floor 3301 E. Tamiami Trail Naples, FL 33962 Re: Revision To Proposed Utility Rates Dear Mr. Ilschner: Our report titled Water, Sewer, & Reuse Utility Rate Study dated March 1997 contains numerous findings and recommendations relative to Collier County water, sewer, and reuse rates, along with rate recommendations for Marco Island Sewer and Goodland Water utilities. Our study indicated that water utility revenues were materially greater than the water-related cash requirements, and conversely that sewer utility revenues were materially less than the sewer- related cash needs. If cost-based rates were to be a desired goal, then water revenues needed to decrease materially and sewer revenues needed to increase mat~rially. In addition to this change in the revenue requirement between the two utilities, our report also recommended major changes in water and sewer rate format, or the way the fixed monthly charge and volumetric charges are structured and applied to calculate a customer's bill. The change in the revenue requirement coupled with the change in rateform~ coald result ~n a signifr..ant change in the monthly bill for certain customers. Upon review by Collier County staff members, it was determined that changing both the revenue requirement and the rate format at the same th'ne presented too great a burden on certain customers or customer classes. A request was received from Collier County to develop a set of alternative rates which would meet the following criteria: · Make the change in the revenue requirement to r~tore equity between revenues and expens~ for the water tnd sewer utilities. · Retain the pr~ent rate format for water and sewer utilities for the time being. · Develop rates for tl~ water tnd sewer utilities which would be revenue neutral, or in other words, the sum of tr~e revenue generated by the current water and sewer rates should approx~uately equal the sum of 0~e revenue generated by the proposed water and sewer · Limit the v°lurnetric rate f°r bulk reuse water t° $0'20 per l'000 $all°r~' [ SEP 2 3 Revision To Proposed Utility Rates .luly 10, 1997 Page 2 The attached schedules and tables contain rates for water, sewer and reuse which will meet those criteria. To accomplish thc goal of a revenue ntutrM change for thc combined water and sewer rates, it was necessary to change the revenue requirement developed in the March 1997 report to reduce the amount of cash generated from rates for capital projects from $3,000,000 for each utility to $2,000,000. Considering the existing cash balance in the utility, this should not present a problem, however the cash balance should be morfitored closely to make s~re that it is not reduced to undesirable levels. Given that adjustment, water revenues needed to be reduced by 17.1% and sewer revenues increased by 22.4 % in order to reestablish the balance or equi~ between the revenues received, from a specific utility, and the cash expenditures from that utility. The change in rates necessary to affect those revenue changes was accomplished by an across-the.board percentage adjustment. The fixed monthly charge was rounded to an even dollar amount, the additional dwelling unit amount was rounded to the nearest 10c, and the volumetric charge to the nearest 1¢. Schedules W-1 [wateri, S-I [Sewer], and R-I [Reuse] show the present and proposed rates. Schedules W.2 {wa~erl, S-2 [Scs'cfi, and R-2 lReuse] show comparative bills at various levels of usage for various customers. ~ is the combined water and sewer bill for selected customers. The rates contaL, x-d in the March 1997 report for Marco Island Sewer and Goodland Water should be implemented as stated in that report. All of the non-rate f'mdings and recommendations contained in that report remain unchanged, and should be reviewed for consideration by the County. By implementing these rates, Collier County will be making a very large step toward establishing fair, equitable, and cost-based utility rates. Continued effort in the areas of: 1) separate water, sewer, and tease f'mamial in.formation, and 2) enhanced billing system reporting of billable units, as recommended in our March 1997 report, sill increase to the ability of the County to establish and maintain equitable utility rates in furore .,,'ears. JAMlcg IvlAY $ubmh'ted, t SEP23 ~S~ SEP 2 3 ISS7 SEP231~97 { © $EP231997 I Schedule W-2 WATER BILL COMPARISON Description I Customer Ciasa (Multi- F~ Meter On~ Billed Size # Units Usage Present Proposed ~ Percent Char~_ Change Small Reltdentlal Mid'mn RiI,~enIL'il (szr & 3/4") Avetlge RllJdlnti~l (3/4') Large Resiclen~; 0.75" 3 $19.45 $16.35 ($3.10) 0.75 ' 5 $22.95 $19.25 ($3.70) O.TS ' 9.6 S31.00 $25.~2 (S5.0~) 1 ' 20 S68.50 S55.70 ($11.6O) ~Residentiat Small Multt-Fm~'M~y Average Multi-Family (1.5') Large Mufl-;lm~/ Ve~ La~e Multi-Famit~__ Small Commercial Average Commercial Very Large COmmem~; 1.5 · 150 S450.55 $373.10____.(~ 0.75 ' 2 10 1.5 · 5 35 2' 8 100 6 ' 100 1000 0.75 ' 15 1.5" 6O 4" 1000 8" 3000 $55.55 S46.30 ($9.25) $114.85 $95.55 ($19.30) $2~7.15 $221.~0 ($45.35) $2,739.35 $2,273.6O (S465:~_). S44.05 S36.75 (S7.30) $165.75 S137.00 ($28.75) $2,540.00 S2,107.00 (S433.00) S7,546.00 S6.2~1.00 (S1.285.00) -16.1% -16.4% -17.2% -172% -18.7% -16.8% -17.0% -17.0% -16.6% -17.3% -17.0~ -17.0% SEP 2 3 1997 Schedule S-2 SEWER BILL COMPARISON Meter o~ Billed Size # Units U~ Ptlf~nt Doalr Percent .Small Residential Median Re~ident~l (5~' & 3/4") Avlrlgt Rllidlntill (3/4') La~ge Residential 0.75 ' 3 $18.70 $22.M $4.18 22.4% 0.75 · 5 $21.90 $26.80 $4.90 22.4% 0.75 ' 9.6 $29.26 $35.~2 $6.56 22.4% 1 ' 20 $44.~0 $54.60 $10.00 22.4% 1.5 ' 150 $69.15 $84.60 $15.45 22.3% Small Munl-Famay Average MulU-Famay (1.5') La~ge Multi-Family V_ _i~/.._L~i. _q~e. Multi-Fam~ ..... Small Commercial Average Commercial Large Commercial Very Large Commercial 0.75 ' 2 1.5' 5 2" 8 6" 100 0.75 · 1.5' 4" 6' 18 ~'~2,.50 $64.28 S11.78 35 $109.10 S133.~0 $24.50 100 $210.50 S257.80 $47.30 .... l_(X~)___ _ _ _S2_, _584.10 S3,1~5.00 S560.00 15 $37.90 $48.40 $6.50 60 S149.15 $182.60 ~33.45 1000 $1,~49.30 S2,265.00 S415.70 3000 $5,294.55 $6,486.00 $1,191.45 22.4% 22.5% 22.5% 22.5% 2:2.4% 22.4% 22.5% 22.5% I 27 1997 Schedule W-2 plus S-2 COMBINED WATER & SEWER BILL COMPARISON Customer Crass pa.i,. Size tt Units _ Usage Present Pro[x)sed Small Residential 0.75" Median Residential (5/~' & 3/4') 0.75 ' Averlgt Residenf~l (3/4') 0.75 · Lin'ge Residential 1 ' ~Residential 1.5 ' __ Small Multi-Family 0.75 ' 2 Average Multi-Family (1.5") 1.5" 5 Large Mu~Farnity 2 ' 8 v._rlG_~amily 6' lOO Smal~ Commercial 0.75 ' Average Commercial 1.5" ,g~ Commercial 4 ' Very Ll~ge Commercial 6 ' 3 S38.15 S39.23 5 $44.85 $46.05 9.6 S60.26 S61.74 20 Sl13.10 Sl11.30 150 S51g.70 $457.70 18 $108.05 $110.5~ 35 $223.95 $229.15 100 $477.65 $479.60 1000 $5,323.45 $5,438.80 15 $81.95 $83.15 60 $314.90 $319.~0 '1000 $4,369.30 $4,372.00 3000 $12,~40.55 $12,747.O0 $1.08 2.8% $1.20 2.7% $1.48 2.4% ($1.~o) .1 $2.53 2.3% $5.20 2.3% $1.95 0.4% $11.5_..35 ~_ _22% $120 1.5% $4.70 1.5% ($17.30) -0.4% ($93.55) -0.7% Schedule R-2 REUSE (EFFLUENT IRRIGATION) BILL COMPARISON Descrip~on Meter Usage Present Proposed Size Mgal Rates Rates Smal User Medium Usege Cu~omm Moderate Irrigation Requirement Large Irrigation User Very Large Irrigation Customer 0.75 10 $5.65 $12.20 $6.55 115.9% 1 50 $17.40 $40.00 $22.50 129.91i, 2 250 S76.00 $169.00 $93.00 122.4% 3 1000 $217.00 $595.00 $378.00 174.2% 4 2500 $499.00 Sl.415.00 $916.00 183.6% SEP 2 3 1997 .J Schedule R-3 PRESENT & PROPOSED ~EU.,SEREVENUES Revenue~ Under -15;'esent j57-~ ~ Pen:ent Rates Rates Inc~ase Increase Full Service Reuse 284.126 731,457 Master Metered Bulk Service Contractual Irrigation 29,000 2g,000 447,331 Total 157.44% 313,126 760,457 447.331 142.86% SEP 2 3 1997 Schedule W-1 PRESENT & PROPOSED WATER RATES Se r.v [c tar aJlabib'y_Gb a tO e: Individually Metered & IrrigatJon: Meter Size 5/8 & 3/4 t 1½ 2 3 4 6 8 Multi-Family (Master Metered): First dwefling unit Eac.~ additional dwelling unit Present Proposed SZlgm2m JadE]m. $14.20 $12.00 s2g.00 s24.00 s43.70 $53.$6 s4,1.00 s161.65 s134.00 ~250.00 ~;'07,00 $496.00 $411.00 $889.00 $14.20 $12.00 Residential & Multi. Family: 1 - 10,000 gaflon$ per dwefling unit 10,000 - 20,000 gains per o'wenir~ unit Above 20,000 gaBo~s per o~erling unit Non. Residential: First Block in excess of first block Irrigation (aeparately metered): Afl Usage 5/8 & 3/4 1 2 3 4 6 8 Oane4~' WTI~.K~IT -- CO'..L~RGO~'I'.R.*W'~T'E~UTIL- S1.75 S1.45 S220 S1 S2.75 $2.28 $1.75 $1.45 $2.47 $2.05 $2.47 $2.05 Schedule S-1 PRESENT & PROPOSED SEWER RATES 5l~ & 314 1 2 3 4 6 8 Multi-Family (Master Metered): F~ ~i~ un~ E~ ~al ~e~in9 ~ $13.90 $43.35 ~3.15 $82.55 $161.00 $249.30 $494.55 $887.00 $13.90 $9.8O S17.00 S35.00 S101.00 S197.00 S305.00 $606.00 S1.087.00 S17.00 S12.00 Residential & Multi. Family: Billing threshold maximum (per individual unit} is 10.000 S1.60 S1.96 Schedule R-1 PRESENT & PROPOSED I~E.~ EFFLUENT IRRIGATION RATES Size $ I Mcx'~h ~ & 3/4 $4.35 $7.00 1 $10.90 S14.00 1 ½ S21.75 $25.00 2 S,43.50 S39.00 3 SB?.0O S75.00 4 S174.00 Sl15.00 6 S227.00 8 S4CT'/.00 10 S542.00 12 S721.00 V. olu iTT4LC~ a rg e_Pe r 1.0.QJLG aJJ. QJ2L{S~dg a I): FuB S~rvic::e Reuse Mister Metered Bulk Service Reuse _..~e~nt S0.13 I Mgal S0.13 I Mgal ~.52 I Mgal ~.20 / I,~gal SEP 2 3 1~S7 ~ Schedule ES-7 GOODLAND WATER DISTRICT (FUND 441) PRESENT & PROPOSED WATER RATES EBESENT Minimum Charge $ per Month Residential $11.81 I unit Motal~ $4.73 / unit Restaurants $1.77 I seat Madnas $141.75 I maria Fish Houses $236.25 I ~h house Retail Stores $16.54 I Usage in Excess of Volume incl. in Minimum Charged et ,?~rvice Availability. Charge: Meter S~ze 3/4" 1' 1%" 4" Volume Included in Minimum 1,000 I unit 400 I unit 150 /seat 12,000 /marina 20,000 I fish house 1,400 / store $2.18 / 1,000 ga~n$ S perMo~,J~ $16.00 $37.00 $72.00 $114.00 $226.00 $351.00 $701.00 $1,259.00 Note: Volume Charge: AJ~ Usage P. uml:ia~ecl ~ te r_~ljustmen ~ Cia use L~ [:~A'AC, J 1) [ New SSU Volume Charge - Old $SU Vol. Chg ] 0.71 2) ~ Goodtand S~Mgal * S Adde~ = New Goodlm~ $/Mgal 3) 0.78 factor i~ needed to adjust fo~ unaccountad kx wat~ and From time to time Southern Slate Utilities (~U) is Florida Pubr~c Service CommistJon. This PWAC is clesigned to automaticaly "13es~lhmugh' lhese increases, dollar-for-dollar. The new rates for GWD Ihould become efflclfvt the lame month that $SU increases ~ price of whotesele water to G'WI3. Schedule ES-8 GOODLAND WATER DISTRICT (FUND 441) WATER BILL COMPARISON Meter Size Oes__~_.F!ion 3/4" Average Residential (1.554 baths) 3/4' Typical Residential (24)aSh) 2' Restaurant (109 seats) :3J4" Store 1'/~' Irrigation Water 2' Marina Usage Present Proposed Mag~L' Rates Rates $ Chang~ % Change 5.96 S28.20 s3g.36 S11.16 39.6% 6 S32.34 S39.52 S7.18 22.2% 20 $200.89 S192.40 ($8.49) -4.2% 5 S24.39 S35.60 S11.21 46.0% 400 S893.44 S1,640.00 S748.56 83.6% 50 $224.59 S310.00 $85.41 38.0% · · Schedule ES-9 MARCO ISLAND WATER I SEWER DISTRICT (FUND 4:31) PRESENT & PROPOSED SEWER RATES Residenlial wi Single Hotel I Motel per unit Rates Eft. Rates Elf. Proposed S17.11 S20.83 S20.S0 -o.1% $3.80 ~.~ ~-~ ~.4% ~.~ S10.18 Sl0.1S ~.1% S~.~ ~.~ ~.~ ~-~ S~S.~a S18.~ S~8.~ 0.1~ S2.~2 ~.~9 S3~s ~.~ Wa !tewatl~.~clJultme~ 1) [New SSU Volume Rate (S/Mgal) - Old Volume Rate] 2) Residential wi Single Bath Residential - Additional Bath Hotel / Motel per unit Commercial Coin Laundry per unit Restaurant per Seat 1.0000 0.2222 0.4889 1.7778 0.8889 0.1556 x 3.6 =SAdj. x SAdj. · x SAdj. · x $Adj. · x SA~Ij. ' xS~j. · x SAdj. ' Amt. to add to existing rate. SEP 2 3 W97 2 ! ! 10 2O 21 2~ 24 2~ 2~ )0 ~2 41 45 47 4~ SO ORDINANCE NO. AN ORDINANCE TO BE KNOWN AS TILE UN~FORM UTILFrY OPERAITNG AND REGULATORY STANDARDS, PROCEDURES AND MON'fl-R.Y BILLfNG SCHEDULE ORDINANCE; RE.ESTABLISH~IG THE WATER AND S£W~R DISTRJCT; DESCRIBING THE BOU~NDAR. IES OF TH~ MARCO WATER AND SEWER DISTRICT; PROVIDING FOR THE MAECO WATER AND SEWER DISTRICT TO SUCCEED EX]STING DISTRJCT; PROVIDING POW'ERS OF TIlE MARCO WATER AND SEWER DISTR~CT; PROVIDING FOR ASSESSMENTS OF TEE MARCO WATER AND SEWER DISTPdCT; PROVIDING LEGISLA'ITVE INTENT FOR TH~ CREATION AND RE-ESTABLISH3vO~fT OF THE MAECO WATER AND SEWER DISTInCT; PROVIDING FOR TH~ RE.ESTABLISHmENT OF TI~ GOODLAND WATER DISTRICT; DESCRIBING ~ AREA ~ TH~ GOODLAND WATE~ DISTRICT; PROVIDINO FOR PO~ OF THE GOODLAND WATER DISTRJCT; PROVIDINO ASSESSM~3q'rs OF TH~ GOODLAND WATER DISTR~CT; PROVIDINO FOR ~ GOODLAND WATER DISTR~CT TO SUCCEED EX3STINO DISTRICT; PROVIDE FOR LEOISLATIVE INTENT OF THE GOODLAND WATER DISTRICT; PROVIDING FOR RATES, FEES AND CHARGES AND REGULATIONS OF T~E COLLIER COUNTY WATER- SEWER DISTR~CT, THE MARCO WATER AND SEWER DISTRICT AND THE GOODLAND WATER DISTRICT; PROVIDING ~ MON"II-~Y USER FEES FOR RESIDENTIAL AHD NON-R. ESIDEN~AL PROPERTIES IN THE COLLIER COUNTY WATER-SEWER DISTRICT AS FOLLOWS: Water (~) Service Avsilabilit)' (ii Individ~lly Me,x'd Residential. Non-Residential and Iteration: 5/8 and 3/4 inch meier S 12.00 per momh inch rector S 24.00 per monlh '/, inch me~er $ 36.00 per month ½ inch ng'~cr $ 44.00 per month inch ~ $ 69.00 ~ month inch me~r $134.00 per month ~ch meier S 207.00 per month 6 inch .~.'..~ $ 4) I.O0 p~' month inch mci~ S 737.00 ~ month (ii) Multi-f~'nily Residential Proper~ (mas~er me~*~d) Fire dwelling ~t S 12.~ ~ mon~ ~ ~i~io~ d~llin~ ~t % [.20 ~ ~n~ Vol~e C~e F~ I.~ G~lo~: (i) R~id~ ~ M~-f~ily (~ ~te m~ fm ~ga6on): I * 10,~1~ S 1.45 10,~ - 20,~ s~lo~ S 1.12 A~ 20,~ ~)~ S (ii) N~~ (~ ~'~ f~ i~gati~): F~ bilk S 1.4~ In ~ of~ bilk ~ 2.05 5/8 and 3/4 inch me,er 10,000 sallons inch mc~' 25,000 gallons '/, inch mc~r 40,000 pilon.s ½ i~:h me~r $0,000 gmllons inch ~ ~0,000 ~,~lom ir, ch ~ 160,000 ~llom inch ~ 250,000 f~lo~J inch m.-~r ~00,000 Ballon~ inch meter 900,000 Iiallo~ SEP 2 q ~r.~? ~ 1 3 ! ! 10 2.1 13 1'~ 1! 21 22 2"/ 4'- 4~ 44 45 SO S~ SI SS S$ S*/ (iii) All ~ SZOS Sewer (a) Service Avaibbilit,/Charp~: (i) IndivJdua~ Meu~d ~ and Ncm-~ 5/I and 3/4 inch m~er S 17.ii,.} per nsm~h I inch rne~r S 3~.00 per moad~ I ',4 inch me~ S S3.00permoa~ I ½inchmem' S 6$.00 pa* momh 2 inch mf~r $ IOl.O0 per m 3 inch mes~ S 19'/.00 p~ moath 4 inch me~,~ S ~0~.00 per m~sth 6 inch mt~et S 606.00 per momh (ii) First d~llinf unit $17.00 per F.~ch sMi',i~d dwellin8 mit SIZ00 jx~ mou~ ('b) Volume Chr~: (i) Per 1.000 pikes S 1.96 Dedicated Firt Sys~'m$ (a) Fire Meter (i) Fire Se~vi~e meter size will refer Io the larBm diamelet meier thralled for f,~ prosectlou. (ii) Fir~ Servlce motet ~ Ibm provide domeslic ~ o~et wmet ~sase as cvidenct, d by ~el~m' mondl~ det~-~d usage sh~ll be billed accordir4 lo ~ wa~ monthiy svailability nd usqe charges C~) Volume (i) Pet I,O00 l~ll4m~ $ 1.4~ P~.OVIDINO MONTHI.Y USER FEES FOR RESID~rI'IAL AND NON- RESIDENTIAL PROPERTIES IN ~ MARCO WATER AND SEWER DISTRICT AS FOLLOWS: I. S~vet (a) Residemta] (i) SinjJe family r~ n~d~i.family Each additional b~h pet Jivin~ mit Non-Residemill. Each faciJi~ shall be billed IMs~l u~x~n the total of Ihe followin~ units (i) Howl, mo~ aod ~railer renui un,ts: (n~ ~o inclu6e indum~ (iii)Commerchl and coin la~ wuher units; F.~ch washer ur~ Sl0.15 per m~sth S36.95 pet moat, h $ ] I.~O ira. nxx,Jth =.SEP 2 3 ._! 2 4, S It 'ILO 2.1. '1.4 'LS 2O 2~ '~4 2? :lC) 3S :IlS 3! 4O 4'2 4:3 44 4S 4~ 4? 4! 4! SO SX S~ t,:3 S4 SS S? S! ,SO (iv) I i,r, ch mcs~ S I ~ inch mex~r S 2 inch mc'L~ S 114.00 per momh 3 inch meta S ?'76.00 lX~ momh 4 inch m~'~ S 6 inch n~er S 701.00 pe~ mon~ ~ inch mc~L~ S1,~59.00 i~t month S~.92 / Mpi Co) S ~0.00 S ~0.00 S 20.00 S 3S.00 S and d~linqucn~ fees) S ~0.00 ( plus f~ll pay~ and delinquency fees) 1 2 ,I ! · ~0 L2 ~4 20 22 ~0 11 35 40 4~ 45 ¢& 4~ $0 $ $ 14.0o pc1. mom,h S 25.00 per momh $ S9.00 pey $ 7S.O0 per momh Sl I$.00 per momh $~2.00 per $7'21.00 ~ moad~ $ 0.$2 S 0~0 PROVIDI]VO R.EOULATIONS FOR APPLICA'I'ION FOR SERVICE TO TI'{E COLUER COUNTY WATER-$EWE~ DISTIUCT, ~ lvtARCO WATE~ AND SEWER DISTRICT AND TH~ OOODLAND WATE~ DISTIUCT; PROVIDINO ~ATI01~ OF ~ ~ OF SERVICE INCLUDDiO Bi].L~O DISPUTES AND STANDARDS OF SERV1CE, ~ANCE AND Iu~Am; PROVlDeW3 FOR PROPERTY OWNER'S LIABILITY FOR DAMAGE TO ~; PROVIDINO FOR SECU1UTY DEPOSITS ON wATER A.ND SEWI~R ACCOUNTS; PROVIDING FOR PROPERTY OWNER'S ILESPONSI'BII.{TY FOR WATE3t $E~V1C£ AND BAD DEBTS; PROV1D{]qO FOR DATES BILLS ARE DUE AND DELI~IQUENT; DISCO~ANCE OF SERV1CE FOR NON.PAYM~qT; PROVIDIqqO FOR ICETNSTATID~{~qT FOLLOWI]qO DISCONTiNI.~D SERVICE; ?RO¥1DI3qO FOR BILLTNG PAYMENT W}{]~{ M~TER BECOMES DEFECTIVE; RIGHT OF E~TRY OF AUTHOR{ZED ^OET4TS OR EMPLOYEES; PROVIDflqO FOR wATER BILL COM~'LAINTS; PROVIDI~{O ~OR M~fTr. RS, LOCATION Aa'~D CHARGE FOR MO'vTNO; PROVIDING FOR R~QL~ILED CONNECTIONS TO WATER AND SEWER SYSTEMS; PROVIDINO FOR EXCE/v13ONS TO CON]VECT]ONS; PROV]DINO FOR CONNTr. CI3ONS TO BE MADE BY TH~ COLLIER COL~TTY WATER-SEWI~ D{ST1UCT, T~. bIARCO WATER AND SEWER DISTRICT OR TH~ OOODLAND WATER DISTIUCT; FROVID~NO FOR UNLAWFUL CON]q~CT1ONS PROH/BFFED, PROVIDD40 FOR FAILURE TO MAINT~ FLUMBINO SYSTI~4; PROVIDD4O FOR UN?AID FEES TO CONSTTTUTE A LIE~; PROVIDD,'O FOR NO FOR SEPARATE CO1q]VF.C~ONS FOR EACH SE?AR~TE UNIT; PROVIDrNO FOR L. AWN SPRI]q]U. INO REGULAT{ONS; PROVID~T4O FOR HARDSFIIP/VARIA~CE PROCf~URE TO LAWN SPRI~Y,J.J~G REOULAT{ONS; PROVID~G EXCElrl3ONS TO LAV,~I SPPd'N1CL~O REGULATIONS; $"1 lir{O FORTH TI~ CTTY OF NAPLES S£RVICE AREA AND PROCEDURE TO ~ ~X~STTNO DIST]UBUT{ON WATER MAINS {~i'O ~ COLLFE:R ~ W^TJ~'SLrWl~ DISTRICT, MARCO WATER AND SL~WI~t DL~FRICT OR TH~ OOODLAND WATER DISTRICT; PROVIDi3VO SLrg,'E~ UST. RFrST1UCT1ONS ~ TH~ COLLIER COUNTY WATE~-$£WI~ D{ST1UCT. TH~ MARCO WATER AND S£WT:R DISTRICT ~ TI~ O(X)DLAND WATER D{STIUCT; PROVID~O FOR SUP~AL SlaV]CE CH,U~OES FOR DISCHARO£ OF WASTES; PROVlD~G FOR RUU~ AND {LF. OULAT{O~S RELATING TO TI~ DISCtL~OE OF IIqDUSTR/AL ~ASTE; PROV1D~G FOR {~'FLLrE2qT QUAIJTY ~ PROVID{NO FOR TH~ USE OF PUBIJC WASTEW^TER SYSTEM; PR~ FOR TI~ PROH/BmONS OF OET~RAL WASTEW^TER D{SCHAROES; FROVIDI~O FOR MAXIMUM wASTEWATER CONCENTR~T}ONS ALLOWTr.~, PROVIDTNO FOR APPROVAL AY,'D )V[AI]qTEN~ OF PRETRFr.~TIv{]~r FACILITIES; $~P231~S7 i . i PROVIDING FOR USE OF INTERCEPTORS A~ CO,~'ROL MANHOLES; PROVIDING FOR MEASUREMENTS AND TESTS; PROVIDING FOR SPECIAL ARRANGEMENTS AND DETERMTNATION OF ACCEPTABILITY; PROVIDrNG FOR NATIONAL CATEGORICAL PR.ETRF~ STANDARDS; PROVIDING FOR ALTERNATIVE DISCHARGE LllvflTS; PROVIDING FOR STATE ILEQUTR~ME?/TS. PROVIDING FOR PdGHT OF COUNTY AND DISTRJCT TO ESTABLISH MOR~ STRINGENT R. EQUIR.~ML~'NTS; PROVIDING FOR EXCESSIVE DISCHARGE; PRO'VID/NO FOR PR.~TREATM~'NT STANDARDS; PROVIDING FOR SLUG DISCHARGES; PROVIDING FOR REASONABLE SERVICE CONDITIONS; PROVIDING BASELIN~ REPORT; PROVIDING COMPLIA2qCE SCHEDULE. COIv~PLIANCE R~PORT AND PFJadODIC COMPLIANCE REPORTS; PROVIDING FOR MONTTOR3NG AND IHSP£CTIONS; PROVIDING FOR PENALTIES, VIOLATIONS, DISCONNECT OF SERVICF.~ SUSPENSION OF SERVICE. REVOCATION OF PERM1T; PROVIDING FOR SERVICE CHARGES AND FEES; PROVIDING FOR PENALTIES; PROVIDING FOR CONFIJCT AND SEV~RABILITY; PROVIDrNG FOR INCLUSION rN TH~ CODE OF LAWS AND ORDINANCES OF COLLIER COUNTY; PROVrDi?40 FOR ~ REPEAL OF COLLIER COUNTY' ORDINANCT:S NOS. 74.21, 7~-5, 7~.20, 76- 31, 77.9, 77.19. 77.44, ??.57, 77.58, 79-3, 79-25, 79.]03, 10-43, 12.31. 13.31, 13-39. 13.40, 13-49, 14.35, 14.62, 1~-19, 1~-47, 15-49, 15-69. I~-II, 16-67, 16- 73, 17.21.17.46.11-4,11.34.19-2. 19.10, 91-69, 91.10, 92.26. 92-64, 93-30. 95. 70, 9~-72. AND 96-7; AND PROVIDING AN EFFECTIVE DAT~. WlqEREAS, there ate cunmtly thtne se1~'~te dis~c~ p~ovidin~, wa~., ~,t, and/or ¢fflu~m itrilation re'vice to the rtsidents of Collier County, Florida; and WHEREAS, ~e tlvce districts ue the Collier County Water. Sewer Dist~ic~ the Marco Wa~er and Sewer District and the Goodland Waler Dis~ct; and WHEREAS, the Boud of County Commissioners of Collier Co~ty. Florida is ~he ~x. Officio Govetmn$ Board of all thee districts; md WHEREAS, the Collie~ County st~q' is utilized by ~ch dis~ct ~o perform the day.lo-day operations involved in operating and main~in~ni the dist~c~'~ facilifes aad ptoviclLel dis~cl WHEREAS. each district adopted district operating standard, Ix'ocedutes and fee schedules which, a~ times, cordlic~ with ot ate different than the operatin~ standards, procedures and fee schedules ot the other districts: and WHEREAS. umtorm operatina smxtazds, proc~u~s and fee schedules, wbe~ justified. are in the best imeres~ o f the disu'icts and residents s~',,ed by the dis~cts; md WHEREAS. thi3 Ordinance establishes uniform standard3 and ptocedurts lo enable the more efficient administration of digricl services; and WI-IERF..AS, Collier Count, bas ndo~ s~rveral ordinances wt6ch apply m the p~vision of utility services by the districu and other p6va~e wmer s~nd sewer mility sysmm: and WI-tEREAS. ~e combination of theze ordinances into a single c.~.~,, ~,~.a.~ive ordina.'w.e will provide a simplified and mom e~ciem mechanism for ws~t and sever utilh7 sysm'm ~ tot the residents of Collier County to understand the te~datio~3 q~plicalde ~o warn' and sew~n' u~ilities; md SEP 2 3 !S~,7 s ~ ~ ~ it ~ ~S~y ~bli~ ~ ~ ~ of ~ ~gi~ ~li~ ~e ~ NOW. ~0~ BE W 0~ BY ~ ~ OF CO~ e CO~SSIO~ OF COLLI~ CO~. ~O~Dg ~: t SE~ON O~ R~tsblhbment of Ms~ Wile iud ~ ~ A. 'A~" ~1 ~ ~ 153, P~ H, ~ ~ 125, H~ S~. B. "~l~~of~~~of~~- 2i ~ ~ ~tion of~ ~li~ ~ ~ ~ of~i~ ~ ~ 2o pledg~ ~ ~ditio~ ~ ~f~ ~ ~ ~si~ of~ A~ ~ ~'able ~m 22 D. "C~" ~l~ve~~u~is~f~A~ E. ~" ~l~Colli~C~,~ 24 F. =~" ~1 ~ ~ M~o Wm~ ~ ~ ~ ~ ~_ 2s G. '~j~" ~1 ~1~ ~1 ~ ~ ~ ~ ~ ~ ~0 ~ ~med ~e~ m conv~t fm ~ c~ m ~quisi~ m ~e o~on ~f, ~d ~1 i~l~ ~ ~si~ m ~ of~y ~ ~1 of~ lsl~ ~ ~ ~ ~ ~ O~ M~ Vill~e ~ ~. ~ ~ ~1 ~ a ~y ~ ~ ~li~,~ ~1 ~ ~ ~ ~ ~ A~ m a ~ All ~, ~1 ~d ~, h~, c~ ~h~, li~ ~ ~ ~ of 40 ev~ ~nd, ~d ~1 liabilities ~ obligatio~ of eve~. ~ of ~ ~i~ing ~t~ ~ ~ ,~cd i~ Ibc D~slt~--L ~d~ch ~a]l ~..cee~ ~ e'~ d~s~'~ aral such exisli~ dis~icl is Di~ s~l ~ve ~1 ~ ~ ofa di~ ~ ~ A~ i~l~ ~ ~ ~e~of~ ~ ~of~of~ ~ ~ ~ ~ of~ M~ci~ ~ T~ ~ ~ ~ ~~ ~ ~~ 125. for ~ ~ion of a di~ i~l~in[ ~i~ ~lk ~g ~ ~f~, ~ ~ ~i~ ~t ~d ~ ~o~des ~ ~s ~1 ~ ~ ~cl~iw m~ of mating FIo~ S~mtes, ~w~ ~ Bo~d of C~ Co~iu~ m c~te di~ for ~ ~o~sion of m~ci~ ~ces i~l~ing ~ ~ ~ ~ ~ ~ C~ 153, Pm I' ~ion of a di~ ~ to ~ 153, P~ H, ~ S~ u ~ ~ ~1 ~ otdi~e. ~ ~s ~ ~1 ~ ~ ~ ~t m ~ 125, ~ Sa~, C~ 1~3, pm !, FIo~ Sm~s, ~ ~ ~ ~ ~ ~1 ~ ~ ~ ~ M~c° ~m ~l ~ d~d m ~ ~ ~ to ~ ~ ~ ~ ~ ~ ~ ~fion T~, ~e follo~ ~ ~ ~ ~J ~ ~ fol~ $EP 2 3 =Act" shall mean Chapter 125, FloriSa Sinuses and C~ 153, Pm 11, Florida Smutes. 'Asm, smc~u# d~ll me~ ee pr°cee~ ~ be d~d 6'°m j=ae~''ems m be le~ed i~oj~--,, including i~ ~ ~h ~ ~ m~ ~ ~ ~ ~ ~i~ ~ ~ f~l~ of ~ I~ of ~ ~h ~ ~ ~h~ ~ C, ~1~~ ~~C~~~~u~' ~m I~i~tion ~ c~ of ~y ~ m ~ ~n ~ of ~ ~ ~ m ~ ~ ~ ~ ~v~ ~f~,~ ~ of~ ~ ~s m compl~ ~ c~ ~ ~ ~ ~ fi~ ~ fm p~ ~g of~ ~ ~ ~ iu~ of~ ~f~. F. ~" ~1 ~ Colli~ Co~, ~ H. "~j~" s~l ~ ~ Wa~ S~m ~ ~Y ~ ~ ~ ~ ~f' ~ion ~ ~ti~ ~f. ~ ~ ~ ~ i~ ~ ~ I~i~ ~ [~i~ of~ f~oing. ~ of~ ~1~ Wa~ ~. ~ follows ~ ~~ ~ ~ of~ ~ ~ ~ ~ All u~phued ~ lyiaI E~m of Wesm~y. Nonh-So~h ~ IlK of ~ 11 ~ 19, T~p ~2 ~ ~ 27 ~ ~ ~ ~ ~ ~ M A~i6~ u ~ ~ Phi ~k I, Page IJ ~ ~ ~k 4, Page Il Page 88 of~ ~blic R~ of Co]l~ Co~, FI~ ~1 ~y ~ u ~~of~ di~ie ~ploy~s ~ au~ ~ ~ ~1~ ~ ~va~ ~ ~ ~blic ~ at ~le l~es for i~o~ ~l~ed 1o ~ ~6~ o~ ~y ~j~ ~ ~ ~ Di~ ~l ~ve ~ ~i~ ~1 ~ ~ ~ to ~t~ ~ ~ di~ ~ ~ap~ 153, Pm ]I, FI~ Sum~es. A. ~e Di~cl may ~o~ ~t ~ ~ of~y ~j~ ~ ~ ~ ~f~ ~ ~si~ of ~ 170, FI~ Sa~, ~ if ~ Di~ ~ n m~ci~i~ ~ ~ ~ ~j~ ~ ~ ~ in ~on 170.01 of~h ~, ~ ~ ~ B. S~i~ ~sm~ ag~ ~ ~d to ~ ~fited ~ a ~j~ ~l ~ ~ ~ ~ ~h o~ ~is ~ ~ ~ ~y ~ u ~ ~le ~ f~ ~d~ ~ c~. C. ~ ~d ~y ~ ~t my ~ ~y ~ ~ ~yable ~ ~ ~ ~ fe~ (~) ~ ~ly i~lm~ ~ in~ ~ ~ ~d ~c ~fat a ~ ~ SEP 23 19S7 )0 21 2! 30 34 3S .3',' 31 3! 40 4 S XX 14 ~LS 22 24 ~S 32 34 44 4S 46 4'7 ,ill ~/8 and 3/4 inch tne~e~ S 12.00 per month inch me,et S 24.00 pet monl~ % inch meter S 36.00 pet month % inch n~et S ~4.00 per mont~ inch me~e~ S 69.00 pe~ month inch me~er S 134.00 pr; month inch me~r S207.00 pet 6 inch rne~r $411.00 pe~ ~ inch me~r $'/3'/.00 pe~ momh (iii) Residential or Non-residential Irris~o~ (~ltely n~te~-~l): All usage $2 'tO 11 1S '~2 24 :IS 2'; 2! ~4 3S 3~ 4O 42 4:3 44, &S 45 4"7 4! (~) Sct~'ke Avi~iab~ii~/C~: ~5/1 afld 3/4 iflch meter $ I'/.O0 pa' moufh ! in~hme%"r $ 3$.00pe~mon~h ! %iflchm~'r $ $3.00 per moefh J %ir~chme~ $ 6$.00 per momh 2 iAcb mc~r S 101.00 p~ momh 3 bF.h nx"~' S 19'/.00 pa momb 4 ioch nx'm' S 30S,00 pa momh 6 loch nx"~Y I bch mc~ Sl.0rLOQ per moath (i~) Mud-family (~ unna~ F~ dvKltb~ un~ S 17.00 per momh E,r.b Kkii~ dwcllins m~ S J2.00 pa m,c~h (b) ¥olumc Cbmle: [2 ! %% %$ %-/ %m %~ 4~ 4~c $4 (ii) (ii~) ~ and coin Inmdr~ 1,,1nba mlits; Each wusba unit Sll.50 '4" $ 16.00 1" S 37.00 1½' S 72.0O 2" $ 114.00 3" S 226.00 4" S 351.00 6" S '/01.00 ~" SI.259.00 ('b) Volume Charie lin' 1.000 C~llmas: All Ustc S~.92 / M~al SE723 1~S7 ~ 3 · S ~0 ~4 ~S ~4 2~ 34 ~S )4 3? 40 42 43 44 45 Pu~hased Walet Adjustmem Clause tTWAC): [ New FWSC Volume C~ · Oki Ir~vsc Volume Clmle ] - A6dcr mondUy fixed c~ried from FWSC. Note: From time t~ time F~oridn Water Service~ Goqxx'a~on (TWSC) is audxx~zd t° inc~t~se ~ rate~ by the Collie~ C. mm~ Wate~ smd Sex~r Autbo~t~. This PWAC is 8esiimxl to aummatkalty "!~' ~is ~ dotl~-fer~olbr. Thc new Frets f~ Ooodlmd Wma wmet m Ooodland Wma Dim4cL I. Mc~ Size 3/4' S260.00 I" S3~O.00 I '~' 2" S600.00 The fees in this subscc~io~ ire base~ upon mctct ifls~lla~°n f°~ a typical ~le family ~si~-ntia] ~ in all oO~T circums~Acc~ d~c mc~r ins~aJLu6on fee shall 2. For n~ers I~get Om~ ~ (2) ~ ~ ~s ~ ~ f~ i~ of 3. ~l ~ ~ ~ (2') ~ ~J~ ~ll ~ ~ ~ ~ ~ ~ ~l ~~of~ 5. ~Y~ ~c~ fm ~ ~ ofl ~ ~ m ~ a ~ ~, ~ B. T~ M~. 1. T~~y~~~~ ~fKf~h 14 · S 10 22 24 ~S 17 20 22 24 2& 2! 33 )4 3S 4~ 4J 44 4S 4~ 4! 49 Th~ ~o~lowln~ lis~ of c. ha~es is established fog ~ ~: N~ A~ M~~ S ~.~ T~ ~H~ S ~.~ M~~~H~ $I~.~ M~ ~ ~ $ 20.~ M~ T~ ~ $ ~ S.~ ~~ S~ ~ $ ~'~ Furl Scrv~e Rouc S o~2 S 0.2O 15 22 4 le ~2~ 22 25 corporation ins~l equipment for v~be purpose of disposing of said service. In no case shall n propet~ owlet, excep~ wi~h the wtiuen consem from the Distri~ tx-tend ~cir ins~llafion across · ~ alley, lane. court, pmpem/line, avenue, any od~r w~y, in order ~ f~r~sh service for adjaccm propcm/, even tbouib such adjacent propet~y is ov,'l~l by 0~em. In the evet~ tbe~ is an u~ ex~nsion, sale or disposition of service, the properp/o..~er's service will be subjec~ to discot~inuar, ce m~i! s~cb ~maml',otized ex~.et~ou, sale or disposition is discontinued and full payment is ma6e of bills for ~,.tvlce. cvJculated on proper cisssific~on smd nt~ ~bedulcs and r~urnbur-,~ocnu m full Dimic~ for all extr~ expeuses incurred for clerical ~ m',inl and inspections. The Distric~ will at all ~s use rvasonable diligence to provide cont. inucms service, and having used ~asonable diligence shall nc~ be liable to ~be property ow~-t or occupamS for fail~re or inten, up6on of cominunos wau~ ~rice. The DiS~ncl shall not be liable for any ac~ or omission caused dirccOy o~ indirectly by su'ikcs, labor troubles, accick-nt, litigation, brcakSowns, shuu~wns for emergency repairs, or adjusm'~nt, acts of sabotage, memies of t~e Uni~d Sts~s. ,~-ars. municipal or mbet 8ovemmen~l interfctcr, ce. ac~s of God or otbet causes beyood ils control. 3. Property Owners shaJl maimain ~a~ potion of 0~e w~et lines o~ ~ propem/ Iocased beyood the D~s'tric~ service cormecdon, aod all loss of water b~aks or lenkaie {o 0~c premises will be paid by ~e propcs~ owner. The property o,.vner shall rnmntain v~al porxio~ of0~ se~t line Iocaed on their property. 4. Alandlord wbo is a customer ° f tbe Disuict and ''~on pmvkles ~ ~or ~ service to r~n~ units ~ou~h · single ma.~ct water me~r shall, ur, d~r any of following three circumsV,~ces, be excrnp~ from the prohibitions contorted in Sec6on 3.4. paragraph B.I. a~airm ~bc sale or disposition of District ws~r and/or ~ s, ctvice: (a) A landlord may ~por~on ~he monO~ly cha~ie for i~stria water and/or provide~ that thc ~o~zl monthly charge m ,,ii ix. nt, d units shall ~ cxceeci the landlord's actual cos~ for Dismc~ ~c~ a~l~or sewer service: ot Co) A landlord may install subr~men for each re~al ~mit ~o u-ack ~ach usage of waue~ ~,rvice and ~-n cha~e ~ach ~ accordin{ lo ~ exa~ usa{e. ^ isndlora who L, malis ~l:,me~-~ ~al! crumply ~ the require'menu of Sec~o~ 3.4, pa~ E below and ~hall am r~co~ more mas~ct m~ct ~ shall not pass on to his tenams any of~,e capi~ or adminislrativc co~ incurr~ in 0~c installation and monitorins of thc subm~ers ot fl~e billin~ of m~m.s fm Ih~' ~ md/or ~'t servke ~t ~t~l~y ~~~~ f~ c~ge each ~1 ~t ~td~ to ~u ~ ~t~ ~e. $~h diglo~ ~1 te~t at ~ ~e of ~gotivint ~ ~ ~ ~f~ ~ ~ ~ sig~ ~ ~ a~n~ ~ (2) ~ ~]Y ~ ~ ~ ~ ~ ~ovrr ~s ~ ~ for ~ ~ ~ ~ ~ice ~1 ~de m ~ ~ ~ ~11 u ~mion ~ ~ ~n~ e~ of~ ~is for ~y ~ of ~ ~ ~ of ~i~g nofi~ of ~ ~'s ~. ~ ~1 of ~e follo~i mm~ies ~ ~ effo~ ~o ~lve ~ di~: 18 I SEP 2 3 lg.q7 ,n · S · ! ! :LO 2O 2*, 23 ss ~2 '~3 2,4 3~ 4O J SEP231BS7 I · 24 'LS ',,.! 25 :32 :34 ~i~ of~ ~ ~ ~ ~on of~ ~ ~u~ m ~gle ~e m dis~sifion of ~r ~. 1 I. My I~lord or condomi~ ~imtion ~t elecu to i~l ~bm~cn s~l ~t C. Pm~ ~s Li~bili~ Fo~ D~Se to ~nt. D. ~ ~u on ~m~ A~- All cxi~ini ~ d~i~ on ~ ~ ~1 ~ ~it~. ~ m ~h F. ~ ~s R~bili~ f~ Wmla ~; B~ ~. ~ ~. ~ ~ e~l ~ ~ &~ for ~n-~L ~i~ ~11 ~ 3.4. ~ph G.2 ~ 0.3. of~m ~. 2. Bmdd ~o~ d~ ~11 ~ filed in m ~ ~ file. In ~e even~ ~ ~ot ~t 20 SEP 2 3 ~g~7 1 $ ? ! lo 12 14 2o 30 service is requested to the property owner ~fl the future, riffs back det~ must be p~d before v,*Me~ and/or sewer scr~ce will be furnished. Dates Bills Due amd Delinquent; Discontinuance of Service for Non. Payment:* geifls~tement Follow, fig Discontinued Service. I. Bills for scrv~ce &re due by the date set forth on the bill fi.om the Distric~ and are delirgluent there--. $ervice will be cut offwhen delinquent for non-payment of bills. 2. V,~en se~ce has been discontinued for nonpayment ofcurrem bills, service will be rengwed upon 1~Tment of~ll u~i~id bills, plus · ~ doll~ ($30.00) service fee for r~ins~tement, provided howev~, the sc~lem~'m in full is m~a on or befor~ fifteen (15) days from tl~ date ofch~ discon'd~uamce of such scrvice. 3. i f service is discontinued t'or mor~ th~ fiftee~ (I $) days by d~g ixop~rP/owner's ~xlues~ or for amy o~er rea.son, ~e s~,cr cock will be mmad olT m~d tl~ r~moved from premisgs. Should d~ propert7 own~ ~=~iuest renewal of ~,,,'ice for tbe premises. ~-rvic¢ will be restored upon full paymm of: I) dl ~ due bills plus d¢li~uenc), fees, amd (2) · ~-in·~lmtion cl~'$e of fit~t dollm ($~0.00). 4. Billini for w~te~ service 51~11 belin upon relimtion ofw~ter on me~er, or (90) days fi.om date of ·pplication for service, whichever occurs fu'st. Billini for sew~ sca.ice sl'~ll commence upon tbe issuamca of~ ce~.ificate of occupamcy or ~ (~) days followini d~e issu~c¢ ora no~ice ~o cont~c~ ~o d~e ~ sT~em. whicbever occurs fu'st $. T~ propers' ov,-~r sl~l immedimaly notif7 tt~ Dis~ct of m)' no< Ix~m i~cluded i~ pn.-viom spplicstion ;. The propen'7 owner sh~ll reimbursc th~ Dis~ric~ for its expem~s so chaml¢ · location or · me~cr, when the properr7 owns. n~lUeSU · ctumle i~ location. 'F~ Di~ricr's expenses i~cluda l~lx)r, m~teriais plus ~m ~lmi~i~'~tio~ fee equaJ to p~:em (10%) of fl~ Dis~'ic~'s eXl~m.ses. H. Billing P=)-mcm g/ben Me~c~ Becomes Dafective; Ri~ Of Entry Of Au~:,n,~d Agcm.s O~ Employees. I. Should d~e maser on am)' p~mises becorr~ defgctiv¢, so t,~! the ~ dgli',~-d for the curare month cazu~ot be ~:er~irgd. t~e pmpe~/owner sl'.dl p.y for tlsar mon~ am ~r~m~ equal to ~ ,ver~g ,mourn cl~-ged for ~ fou~ (4) :2. Duly m..l~ ~,e~.s ~ad employees of tbe Di~ sl~lL d~4~ d~/U~ hours th~ puzpose ofex~mininl th~ cor~<lition of fix~a'es, servic~ pi~ ias~l~ion .~1 s~ch other purposes ~s rr~y be ~ to protect the intere~ oftbe Dis~ SEP 2 3 1997 2 S ¢ S xo ~s so ~4 ss rr. zdins ot ~,~irins th~ wnl~ r~,~ets located tbet~on, ot tm'nins the sul~ly of ~ucb v~cr to th~ ix~-~is~'s ofl'o~ on. I. Wm~ Bill No hiih wM~t bill compl~ims sh~l be ~4:z,~xed for ~.pectio~ by the District unless nil plmb~nS ~ pip~l taxi oudcu J~c ~ cxzmined by · liccm~ plumtm* who ccnificd duK Lhcr~ m'~ no k:a~s, i f m iw~a~$a~on is m~d' by ~hz Di~'i~ md ~be I~OS~'~. · t~.t~ad cha~e of~ ~l~ (S20.~) ~11 ~ ~ ~ ~ ~ ~35,~) ~ ~ f~ my ~.~ ~ ~ ~ ~ch ~ ~ b ~ ~Y. at ~ ~ ~ to ~ ~ ~n. Ifa m~ is mov~ ~ ~ of~ ~ o~, ~ ~ ~ s~l ~y a fK ~ ~ ~ ~s ~ Plm ~ ~ ~ ~l~te ~ K. Co~io~ Wi~ Wal~ ~ ~ Requi~d. ~ o~ of .ch Io~ or ~cl of I~ ~ ~ Di~ ~ ~ch Im ~ ~1 of I~d ~y ~ovemenl is ~w si~t~ ~ ~1 ~nfl~ ~ si~ ~1, ~ o~tes ~d main~s di~ion ~ colle~ion f~iliti, don~ ~ ~e of ~t ~. co~t ~ ~ ~h ~ov~t to ~ co~ ~ ~ ~ ~ ~ f~iliti~ of ~ ~. ~ ~e of ~h f~ili~ ~1, m a ~ ~ ~ for ~1 ~t ~ge ~d s~l ~ ~xed ~ ~ (~) ~ys follo~ to do ~ by ~ Di~. Co~on to ~ ~ ~cm s~l ~y ~ ~ if~ develo~ent order ~ ~o~ ~ i~en~ ~q~ ~h ~. ~1 such co~Kfions s~l ~ ~ in ~co~e ~ ~1~ ~ ~d~ ~ ~Y ~ ~ed ~ d~ ~ ~ ~ ~ ~ ~ch ~ ~ ~la~ ~1 ~ f~ a L. ~ To C~io~. M. ~i~ May ~ M~ By ~. Iffy ~ o~ of~y ~m ~ ~1 of ~ ~i~n ~ ~ ~ ~1 g ~ ~g~ ~y ~h~ fg~ ~ orang s~h ~ 22 [ SEP23 lgg? 1 4 S lo 12 13 14 ;20 24 3o 33 ~4 35 3~ SEP 2 3 1997 I 124 SE? 2 3 ,0o7 1 · ,r 1:) 1¢ 20 37 3! 40 44 45 4*7 So Moderate Short, se Phm Il Severe Sbortqe Under ~ ices: 2 sm - I Ifu Jdml~ Wed~ Thurs. & Fd*** S oc~s or o~r. 12:0! fin · I.*00 m Men., Wed., FrL I 0 mtn, I~ m~. one time Nly. U~a~n' S K:ru: 2 m - I n MOL, Wd-, TI~. & FrL; S ~ or over~ 12~1 m · t-oo m~ Mee., W,d~ 'nmrL idem IOmi. per m~,o~ dine m)y. ~ m F. xh-~lle Shortilt Umbr S JcTu:. 2 sm · 7 sm Mm-, Wed** & Fl'L; ~ ~ m m,w~. 12.'OI ms.?am Mere, Wed. & Fri.; iow Yok~M brad P/,m.m ckmJoS · Jd~mml I0 mm. Critical SbortA~e t~d~r 5 am: 6 m~ · ? mn S~*: S ocm hind ~,,~.~inl: M4m. Wed. & Ffi N¢~ Uuder S mc~s: 4 sm. $ m idoL. Wd~ & mu~ kr. JimJud to t2:OI Uudtr S o~u: 4 lu. 7 m~ Sm. br ~Jd & bcadom w~ se mMms~ $ ~f~s ibniuM W 12.'01 m · ? sm A. Und~ ex~*~o~dLt~*~ conditions ~ Bcmrd of Cmmt), Commissioners m~ ~ I vm'innce Io t~e rtgulmioas ndop~d in Rfis sectio~ Any reque~ fey a var~nce must be subazined B. A reque~ for ~ vwiance submit~d by ,, Dim-~c~ m wmer purveyor may be granted when the District or wmet purveyor proviSes a '~,~i~en s~-n'nent which i~ lh,m a Im'4sl~ exists due to ope~doMI conditions w~n t~ District*s ot ~er purveyor's s)'s~m csnno~ mee~ sys~'m demands cmJscd by the implement~on of the re~hKions set ford~ in tiffs Sccfion Ind ~-gulations s~t forth in this Sec6on and se~ing fo~h d~e vsriaAce ~. An~ mCl~-n f~ a D. Any varianc~ .,.,.a,M by ~he Boa~l of Co,~nly Commissioners shall be the ,~ necessary to aJievime d~e l'ards~ip c~ed by the ~ of the reguM6om m ford~ in ~s Section. E. In an emer~enc7 created due m time cormmin~ ~e C. mmt~ Adminiswa~' mm/grnm · tempor~, variance. ^~ the new t~-guJarly scheduled Ik~ard of Cotmty Commisskn~rs meeds. ~.. £xcqxions. A. Developmenu wi~in Colli~ C~ ~l ~ ~ ~ ~ ~ fm No ~ of ~i~ng di~ ~ ~ of~ ~ ~ ~ C~ of ~j ~di~ce ~1 ~t ~1~ ~ ~ I~ ~ ~ ~ 5.4. All a~li~o~ for (30) ~ys of ~i~ ~f. ~ gov~g ~d of~ Di~ct may a~h ~ble c~iti~ ~ ~ i~ of ~i~ f~ die.ion ~t~ main e~cmions ~ch co~itions ma)' incl~e, ~ ~ ~ I~itd m. ~ovisio~ fm ~)~ of ~ developmm~ c~ges or im~ fm ~ch ~. m ~ ~ ~ by Colli~ C~F. ~y Ci~ I~i~ li~ of~ Ci~ of N~I~; ~ m~y d~ ~ ~y CiF I~t 27; ~e m ~ ~ ~ of~d ~ 26= ~e ~y don[ ~ ~ li~ of~ 23, T~p 50 ~8e 26 ~y ~li~ of~ ~fof M~; ~ ~y ~g ~ ~ of~ 6.1. A. ~s S~ S~ ~ fo~ ~f~ ~ f~ di~ ~ ~ ~o~ Ois~ct ~i~er ~f~ed in 26 SE? 2 3 '~:'- ' S · ! ~.0 14 2~ comply wt~h Ill ippliclblc Sate u~S Feder~ liv, s required the Gcncv~ prc~-~lu~ent P, egula6ons (40 C£R Pm 403). B. The objectives of tl'6s Sec~on Six I. To prevem the inuoduction of poJlu'dm~s into 0~e D~s~ct wl.~ev~e~ sys~m 2. To ~ ~ ~i~ of C. ~s S~i~ Six ~d~ fm ~ D. ~s ~ion Six ~1 ~ly ~o ~ s ~di~ ~1 ~ u follow: ~s A. -A~imtor" ~l ~ ~ ~m~or of~ U.S. ~~ ~ion ~m in fi~ (5) ~ ~ 2~C, ~ ~ ~11i~ ~ li~. E. 'Building ~ ~1 mom 40 or o~ pike of di~. SEP 2 ':*4 :2? 4~ F. 'C~emic&l Oxylen Dcm~d (COD)" d~ll me~ a mcuurc ot'oxyit~ ~i~ of ~t ~ofl o~ ~c ~ ~ a ~pIc ~ is s~tiblc to o~fi~ c~mi~ exist. G. "Co~' s~]l m~ Colli~ Co~, ~ ~d of C~ C~iui~ of Coll~ Co~. Fiofi~ or ~ duly au~d ~, ag~ m ~ ~mti~ K~ ~ ~f of~ ~d of Co~ ~m~ m ~ ~ ~e ~ ~ of~ ~blicly o~ ~ ~ ~ ~il~ I. "Di~ Di~e" s~l me~ ~ dJg~e of~ted or ~t~ ~t~ d~y ~ ~ s~e wat~ of~ S~te of FJ~ 15 m~l Pho~ro~. L. "Enviro~en~ Protection Aie~y ~PA)' s~l ~ ~ Umt~ S~ Eflvim~en~ Protection Ate~y. ~ ~ a~ ~ t~ ~ MM ~ desi~6on for ~e A~tor m o~ d~y t~ o~c~ of~ ~. ~. "~se' s~l me~ ~lid ~ ~m ~ ~ic ~ ~ ~ ~ng ~ dis~inz of f~, ~ ~om ~ ~linS. go~e ~ ~e of~e N. "]~i~ di~e" s~] ~ ~ dJg~ge ~ tfl~i~ of~~ S~tiofl 307 ~), (c), ~ (d) of ~ CJ~ Wa~ A~ ~ ~ ~ ~ ~ Q. "IM~ W~es" ~J ~ ~ hqmd ~t~ ~ ~ ~ m~ufg~n8 W~cs~s, ~s. or ~ ~ ~g c~ domestic R "Jnfil~m~ow' ~1 ~ ~ ~t~ ~ ~e ~t~ ~ch ~ into S. 'int~e~ ~1 ~ ~ ~bi6~ m di~ of~ ~blicJy ~ T. 'May" is a ~ ~I ~ ~ ~ ~s ~ ~ a ~i~i~ ~g. ~ regulation con~i~ng ~ll~t di~e limits ~omul~ ~ EPA in 28 4 S & I 10 14 3.5 17 :2S :3'3 ¥. "Nit'ut~ Outlet" sh~]l meam I~y ~1~ into W. ~ W~" ~1 ~ ~ di~ ~o ~ ~ ~ m ~ch ~ ave~e ~n~on of~ ~ ~li~ ~ BOD is ~ ~ ~ 2~ m~ SOD ~ 250 m~l TSS. to~ p~sp~m~ i~ ~ ~ ~ 15 m~l, ~ K~ ~ is ~t ~ ~ 30 m~l; ~ to~ ~ow ~y. y. -p~' ~l m~ ~y i~i~d~, fi~, ~m~y, So~t ~, Z. "p~ ~1 m~ ~ Io~ ~ 10) of~ ~i~ of~ ~i~t of hy~m ~ ~ ~s ~ liter of ~l~on. ~. 'Pollmion" s~l m~ ~ m~-~ ~ ~'~ ~ of~ c~i~, ~ubage, ~wige sludge, m~ti~, c~i~ wut~ biolo~ic~ ~teH~s, ndi~tive mateH~s, heal ~cckcd ~ die,ged ~ui~ ~L ~. ~ll~ d~ ~ i~. m~ci~ or agHcul~ ~ die,ged mm ~ s~ ~lm or ~ ~ten of · e S~te of FIo~. CC. 'Pre~ea~ens or T~ent' shall m~ · e elimi~tion of ~llu~U, or ~e ~te~bon of w~cwatcr to ~ less ~1 d~e ~or to or in lieu of dithering or o~ imbed ~ ~ non~omestic G~ d~gK. ~ dis~ng off~ ~ M~ ~ ~ to a f~ili~ ~l ~. cq~ ~u. ~ is c~lkd ~ · ~blK ~. $ 2! 34 jj. "~' shill ~ a combi~d~ou ofd~ ~41er.4:3fl-~i v4r, cs ~ ~ di~ of ~e. ~ch ~sulu on ~e PO~ e~ising io ~g~ a~ to ~t ~ el~e i~ediMely a die.ge. of~y given co~i~nt or ~ q~ti~ of flow ~y ~ ~ of~ ~ ~ ~ exc~s f~ ~Y ~ of d~tion iong~ ~ fifl~ (15) m~ ~ ~ fi~ S~ 1~~ Cl~sif~otion M~ is~ by ~ ~ve ~ of ~ ~i~L fil~ns. ~o~ ~AO~ ~ul~ ~ ~ A~ of~ ~~ to ~ ~ ~tion of~ ~blicly~ ~t ~ ~ ~s duly a~d dcp~', ag~t or ~n~Tivc. [ SE7231997 XX. "Waswwatet" shall mean s combina6on of the warm.earned wns~es flora tcsidemn. business buildinp, ins~itutio~ md induso'id tsublislunenu. ~ogt",/~t with such Iround. Y'Y. "Wmrcourse" shall mean · channel in which · flow of water occun, either cominuously or interrninemly. ZZ. "Dis~'ic~" shall uw, an ~e Colli~ County Ws~r. Sc~et Dim'ic~ and Marco Wa~et and ~ ~ Biolol~d O~$m Demand ('~D') shall mean · quamimive meuu~ of~e amount of d~uolved oxyien required fat em biological oxk~o~ of carbon-cont~nB compounds in · mnple. 6.3. Abbreviations. A. 'ASTM" Amaican Sociel7 for Testin~ ~ Materials B. "BOD" Biochemical Oxygen Demand C. =CBOD" Carbonaceous Biological Oxygen Demand D. '*CFR" Code of Fed.al Regulations E. "COD" Chemical Oxygen Demand F. "FDEP" Florid~ Department of Enviromnenul Protection G. "EPA" U.S. Environment] Protection Agency H. "mg/l' Milligram per lite~ [. "NPDES" National Pollutant Discharge Elimination Syslem J. 'POTW" Publicly C~'ned TreaUncnt Works K. "ppm" P~a't,~ Per Million L. ~SIC" Standard Induso'ial Clusification M. "SS" Suspended Solids N. 'TK-~~ Total Kjeldalg Nitrogen O. "9.rEF' Water Environment Federation 6.4. Supplemental Service Charge A. Waslewat. system users determined by .,he Disu'ict to be included in the Prea'~atmem program shall pay a mon0gy Supplemental Service Charge for the Mdilional services ~.'cluired to monitor the wutes being discharged by such users. This charge shall be separate ami distinct from the industrial ~"*,nle strength service chari¢. TI'tis SuppIcrncnal Service Charle will be levied for the following: I. Mor6torinj. inspections and stttYeillnnce Focedurts; 2. Collection ~nd analyses of wasatwstet samples; 3. Collection and evaluation ofmonitorin~ cbta; 4. Equipment servicing by an independent service company; $. O0~ct requirements deemed necessar), lo implcmem ~e ~tment pro.tm as delineated in ~J~s Ordinance. 31 z 6.5. R~les and Re~dalions 2 A. The follow~ Rules and Regulations apply throughout the area e~compa.ssing ~ Collier Co~/ ~d to all wn.~ewater discha~er~ I~Vided waslewMe~ service by the District. 4 B. DischarBe oflndu.s'~ial Wa.·lc. $ I. Any Owner dis~ha~gin~ industrial · the time of pt·sage of this Ordbumee shall submit · discha;ge permit application ? in the r~ form with six (6) months frmn the date of passage of this a O~dinance. All ind~ial ~ dischargm proposing to dischsrge into the Dis~ict an additional applicstion for discharge permit, sbowin{ the volume, s~ength and cEarac~.~stics of waste discharged M to be discharged in to the Publi~ $~'w~'. lfdetermifled ~bythe [2imic~ analyses of the ~· ~ubmined wi~ the s~plicati(~ Follow~g zs u~e oft~e l~-mises or ct~ge in Ix~tu~tion o~ ope~nion fl~.~of whi~ causes an xs -Itrmtion in the wateT U.~, wasle volume, strength or characteristics, shall require ~-; an amended application Io be filed and approved by the District prior to zs implementing the proposed tlterMion to the premises. All discharge permit and :i9 amended discharge pem~it applications will ~o ~ time the ·pplication is filed. Ail review cns~ in addition to the IM.sic ~,:t discha;ge permit fee, shall be borne by 0~e User and paid prior to issuance of·Ay 2~ discha;ge permit. 22 2. It shall be unlaw~-ul for aAy Us~' of the Dis~'ict sewers to dischm'ge indusu4al ~¢ wu·les into the public sewers withom ob~ining · discharge permil fi'om the 25 Dis~. Applications for such discb~'ge permits sl~l be made to the Distri~ on 2'? ~.o dctcrrnine potential impacts to ~e Publicly Owned Trca~mem Wor~ shall be 2o provided by the ~:~plicaAt. ~ ~ 3. Discharge permits shall be issued to the applicants by the District upon finding ~ 0 that ~ information set forth in Ihe application will conform to the provisions of 2x this OrdinL~ce. ·Ad that the proposed us~ will be compatible with tbe capaci~'. 2= proc~s, trcam~c'm ~ nutricm load of the Dim'icl wns~ewater facilities. 22 DischarBc permits shall be valid for a ~ of l~e (3) yeers fim'n the date of 24 issuance urdess surrcr~-r~ to, or rtwoked by, the Distric~ upon the d~crmination 25 that an indus'~itl user is exceeding the peak q~li~/and volmr, e of effluent scl 2· forth in the original applicalion and/or discharge ~ conditions. In the event 2 s cffiuem durin~ the term of the penal, 29 and/or changes in the produclion profile, beyond the scope of'the discharge 40 pe~ni~, such User shall file aA an~-ndcd application for a permit authorizing such !..60__1 $ $ ? ~2 %.~ 2O 2~ 2~ 30 chaunge. Such permit ~]1 not be rc~.~i~,ned or ~msfon'~d Io a ~ ~, ~ U~ ~ differ ~mi~ ~ ~ ~v~ of~ ~- ~ ~ ~1 ~ ~d by compl~ng ~ ~t a~lioti~ f~ ~ ~ ~ew of~e a~lication ~ ~o6~ compline ~. 4. A~li~tiom m~ ~ si~ ~ ~ ~ of ~ ~i~ m ~ d~y ~ ~t, ~ si~ ~ ~ m~ ~~ of~ ~ ~ ~fm ~ fa~e~of~ ~. AIl ~li~ f~ ~, ~~~~~ ~ ~n ~ ~ ~ ~ly ~ u a ~ of~ of ~ce ;o abide ~ ~ ~1~ ~ ~1~ ~1~ ~in. 6. Ail co~ ~ ~ ~idm~ m ~ ~1~ ~ ~ °f~ ~ ~lation of~ ~l~g ~. C. E~n~ ~i~ ~. 1. To ~ us~ compline ~ ~ ~ui~nu or~s ~ S~ ~i ~ Disco ~ "Di~ie ~i~ Bond~ f~ ~ ~il y~ ~yab~ so ~ Co~' ~ ~c~ ~ ~i~io~ u~n ~ I~ U~'s ~ compline ~ ~ ~os~siom of~ ~ Six ~ ~1 S~e ~ F~ ~ 1~ U~ by ~ ~ ~ ~ ~vi~ of~ ~ S~ ~sul~I ~m ~ I~ U~'I f~l~ Io ~ply ~ ~ ~ ~f. ~ ~ ~ laded U~ ~ly ~i ~ ~n& ~ C~ ~ D~ ~om ~y ~ ~ ~ c~ f~ ~ ~ ~ (~l~ini ano~'s f~ ~ ~ f~ defying ~h cl~. ~l~mi ~y or ~ul~ ~m ~ 1~ U~'s f~l~ ~ ~ply ~ ~y ~ ~c~ion Six ~or ~ Sa~ ~ F~ Re~aliom ~laimi ~o wa~ ~11~ ~n~ol. ~ ~t of~ di~e q~i~ ~ ~1 ~ ~ f~ ~ ~l~n. ~X ~t. D. U~ or.bile W~ I. No ~ ~1 di~e ~ ~ m ~ ~g~ ~Y ~, ~ ~' 2, S~o~wat~ ~ ~1 ~ ~llm~ ~e ~1 ~ di~ m ~ ~ u ~ s~cifi~ly ~si~i~ ~ ~ ~n, or ~o ~ ~1 o~1~ ~ ~ ~ ! S 10 2O 21 22 2~ ~0 S! %0 3. Othe~ diKha~ge i~i~tions e~tabl~shed to pr~ tm interference w~th the °Pe~atWm ot performance of the Publicly Owned m dl ~h U~of8 ~ ~ ~ ~ U~ ~ ~m ~ N~ s~b~ ~o ~ fire s~cessive ~ngs on ~ ~plosi~ ~ ~ ~ ~ ~t of die.ge ~to ~c ~cm (or (~%). ~r ~y single Explosive L~ ~EL) of~ m~; ~bi~ ~t I~it~ to, ~1~, k~, ~h~ ~, ~1~. xyl~, Co~, Di~ ~) ~lid ~ ~o~ su~ ~ch ~y ~ o~ to ~ flow ~ ~ o~ ~t~ ~ ~ ~on of~ ~e~t~ ~cnt facilhi~ such ~, b~ ~ o~.~f inch ('A') in ~y dim~i~ ~ ~ ~ ~, ~h ~, ~s. ~r, ~d~ ~ fl~gs, ~l~ ~le bl~, fea~. 34 S£P23 19~7 ) · s · ! %o 2s 2,1 34 40 (0 (i) 3~ SEP23 lgS7 I 6 · ~S ~5 mote th~n five ~ the average twenty, fora' (24) ~ (1) (m) (1~) ~ F~ (~-fi~ [6S) ~ ~m). ~ of~ ~e ~ ~ ~ ~ ~ of ~-f~ (o) (q) ~ of~ ~i~ ~e, m ~ ~ ~ of~ m~, (r) ~ch~~: (i) ~~of~~~(~~l~ (iii) Hi~ ~l~ of ~ow ~ c~ of ~ e~l ~ ~ ~ ~ o[~ ~ ~ving j~i~i~ (Q ~y ~ ~ ~ a ~ ~ ~ life w ~ ~blic nui~. 36 I SEP23 1957 2. Wlsgn ~be Disulct determines ~at · User(s) is contribuxinl m ~be POTW, any of Ibc nbove enumerated substances in such amounts which fltrga~"n wi~h the Ol~On of the POTW ot may presem s~ endanlcrmem ~° the a~y discharge of pollutants to the POTW. The Dis~ic~ shall provide ~e Us~r notice of ~tis action in accordance with Seclion 6.7, paragraph E of Ilxis Ordinance. 3. Subsequent to such action, ~e Disuic~ shall allow the Usgt 30 ~ys fm· r~slx~rtse, which shall i~l~l~ fl~ ~ of~e disclmle and corrective ~ken. Wts-tewa~et sc~dce shall nm be rtsumed tmtil such corrective measur~ as needed have been undertaken lo eliminate tlu~M of inteff~'ence ot end~ngetmem m the e~vironment. 4. Following flxis response pt~od, the Dimict, as i~ detn'mines necessa~7, begin developmenl of eflluer~ iimilation(s) and n compliance schedule fm such F. Maximum Concentrations Allov,~d. I. Ail sewage service cuslc, mers su~ prohibited m discharge t~e following nbov¢ their indicated concenn'ations a~ an)' time: (a) Cytttide 0,050 m~/I ('o) AnenJc 0.020 m~ (c) Cadmium 0.030 (d) To~ C~omi~ 0.010m~ (e) Co~ 0.3~ m~ (0 ~ 0.2~ m~ (g) ~c~ 0.~2 m~ ~) Nickel 0.2~ O) Zinc 0.3~ m~ ~) To~ P~sp~ 10.~ (I) ~N~g~ 25.~ (m) To~ Ni~g~ ~.~ m~ The concentrations s~ forth above shall amomstically be amended to comply and federal rtjula~ions, O. Approv&l of prtm-eam,,em Facilities. If ~e Distri~ pc. re'fits ~ I:~"m:au~ent equalization of waste flows, the design a~d ins~llatios'~ of the plants and equipme~ stsall subjec~ to the r~'iew and q~-ovai of the Disu~cL and subjecg ~o the ~nts of all spplicabte codes~ mdL,~mc.e~, and laws. H. ~a~n~eno~cc o f Pt~.,,u.cam%*n~ Facilities. cq,~izin8 fncili~½~s a~ provided for a~y ~,~qcr~ or wt~tc~ t~cy s~aH be main~ned cominuo~sly in satisfac~o~ ~1 effective opeFa~ion b~' the Owner i t' .=. L UK oflntcrcep~on ('Tn~ps). OTC~K. OiL and ~ interceptors shall be Ixovkkd when. ~ opinion of ~e Dis~ic~ fi'e), are necessary for the propel handlinl of liquid wn~es con,air~nl It~use in excessive &moun~. or aA)' flaflunable wa.~es, sand, ~ od~'t lm~ful ia~-cdients: nCel~ that such interco1:aors shall not be required for privme livifls quaflm or dw¢llialot dwclliag uflits' AIl iatetcept°rs shall be °f a type and capm:i~ aPP'°veal bY the District: and sl~all be located u to be readily aAa easily accessible f'o~ planrtia$, cleaniaS and iafpmiea. The mifllm%m~ sial of lmercepmfl shall be ia coafofl~ance wiuh the CoumT's PlumbiaS Coae. eXtOll dm intrrcq~ f°r restauraflu °f 'q types shall be 25 lalj°~s °f i. Use of Consol M~hole. serviced by a buildias se~r cmyinl:indus'trial wasps d~all instil a suitable c°n°°l manh°je ~o~ther with such necessary me~,ts and othe~ ap~,am~ac~s in ~be buildia~ ~ m faciliu~e observ~io~ sarnplia$, md rne~sumne~ of the ~ Such mmbole, wben requi.'~L shall be ~d in accordance with plans approved by Ibc Dis~'k~ The manhole shall be installed by the O~.ncr at his expesse, L. Xl shall be maintained by O~et s° as I° be safe ~d accessible m all times. · · K. Measurements. Te~s. All rneL~reme~ts, tests, and analyses of lbo charac~ns~lc$ of waters ~nd was~es to which reference is made in this Ordinance shall be d~crmined in accordance with thc Iciest edition of "Sz~uxL~rd Me,ods for the Examination of Wmct and Wastew~ter". published by American Public H~lth Association. ~cl shall be de,ermined si the con~rol manhole prov~decl, or upon suitable sampleS ~ken a~ sa~d control manhole shall be C~'T~Cd O~ b)' CUStOfl~Jy acC~:~Cd ~ tO re~tC~ thc ¢~n[cc~ Of CO[~L~J~*Jt.I work~ and to 6clcrmine the cxis%encc of has,~.~ to life. limb, and proj~ny' (Tbe partlculm' analyses involved will determine ,.~M~r a rwen~T.fou~ (24) hour composite of all marl'aais of a premise is appropriate or whelh~ a stab sample or sarflples should be taken. Normally. bul no~ always. I~OD and suspOxied solids analyses arc ob~ned from twenty.t'ou~ (24) hour comP°~tes of oil outfalls whe'~u PHs are dezcrmiacd f?°m peri°die grab samples') L. Special ArrangernenU. No su~ement con~ined in this Ch'dinance sh~l be u p~vcnting aA)' special a~.ccTncnt or ~gement be~,~es ~e Disu-icl aA~ aAy indus~al concern ~ereby aA iadusu'ial waste of unusual stren~h or ch~actct may be acCCl~ed by the Distr~ for treaunenL wben acc~''ptaoce b~'; thc Dislnc~ will aid ia u~catmcnt at the sev'~ge Irtaunent plant, subjecl to paymcm of aA additional cha~¢ for ~eaunem oflbe~ wL~es by the indUSmal concern. M. Special Arranlemenu - Detcrtmnation of' Acccptabili~. In fonni~l the opinion as ' ' ' liv~ lhe acceptability of thc waslcs enurAcrMed tn S~c~on 6.~. parasriph E consideration to such faclors tu tbe quantities of subjecl wastes ia relation ~o flows and velocities ~: in the sewers, materials °f c°nslsuc~ion °f the sewers' nature °f the sewqe Ireatmem plant' ~. dogs, ce o f u~ttabili'~Tof wL~es in the sewage ~atrnent plank a~j °thor perfinen~ f.acu~rs' ~ N. National Calcgo,rical J~ret~cauncnt SI,Ln~ards. Upon promulgation of the National o Categorical preucauncnl Stan~rds for i particular iadusu'~ rdbcatcgory, the Federa~ SlaAdatd. i 4 S ~to 2.2. ].4 ~0 ':*S 28 30 3S 3'; 31. 4~ ~ ~1 ~ U~ of ~ ~liublc ~ ~ui~u ~ ~ O. AIt~tive ~rge Limiu. ~ U~s) s~l ~ve ~ right P. Sa~ R~. Sm~ ~ ~ li~ ~ ~ ~d~e. ~ Excessi~ ~g~ge. No U~ ~1 ~ ~ ~ ~ ~ ghieve compli~ ~ ~ li~ti~ ~n~ in ~ Natio~ S~ds, or in ~y o~ ~llu~t-~cific limi~tion develo~d by ~ C~, State. S. Pretreau'nem I. Users shall provide necessary ws.gewater n~.arment as requimJ to comply this Ordi~%tnce and shall achieve compliance with all National Catego6c~l Pretzeam~ent St,~da~a~ within the time limitafiora u specified by fig FederaJ Pre~eaunem Regulations. An)' facilities .equired to prgtzeat ws.m~'ater to a level acceptable Io the Distric~ sEall be designed, constl, ucted, operatm:k and maintained b)' the U~ a~ his exper, sc with the prior approval oft:-' Dim'itt 2. All records relating to compliance ~,~th the referenced ix'eueatmem Standards shall be made a',.'aJlable to ~e Count)', District, the State and ',he EPA for exa,~v, ation and duplication upon teques~ at no charge T. Slug Discharges. I. Each User shall provide the District protection fi.om slug discharge of prohibited materials ot other substances regulated by this Ordinance. Facilities to prevent slug discha,-ge of prohibhed rna~"ria~s shall be provided ami maintained at the Owner's cos~ and expense. Detailed plans showing facilities sad operating procedures to IXovide this protection shall be submitt~'d to the Distr~ for review. and shall be approved by the District before c~ of the facili~. Expenses for such tevlew d,-ll be borne by the Use~ and paid peior to fual approval for con.sl~'u~on. All existing Users shall complete such a plan within one (1) year of the issuance of an E~uent petrmt. No User who commerces contribution to th~ POTW after the effective dine of this Ordinance shall be s,G. _.__~.~ _ · s 8 3.0 ~s ~s ~4 ~s ~s 4~ W~ fi~ (~) ~ foli~t a ~ dig~e. ~ U~ ~i ~it m ~ ~ of~y fines, ci~l ~fies. ~ o~ li~ili~ ~ch ~y ~ im~ ~ ~s ~di~ce or o~ appli~ble law. U. Retable ~ice Co~itions. I. ~ ~ct ~es ~ ~t to ~ m ~o~. m m c~ ~d~, ~ m ~ I~ ~o, ~ of~ m co~ of ~ in ~h ~ ot f~ ~. ~ ~ ~y ~ui~ ~t ~ flow ~ or o~ ~, ~ ~ si~ ~ ~ ~ ~si~ ~ ~ of ~h f~iliU~ eff~i~17, ~ ~i~ m ~ U~ ~ ~¢~ ~ ~ 6.9.. ~ E ~ m ~lf~ offs. ~ ~nl ~ follo~ ~: 4O SEP 2 3 !997 S e ! xo :L4 ~S 2~ ~3 ~S 26 34 3S ]? (b) A li~ of any envil'oemenlal con~'ol permits held by ~ f~ ~ ~ili~; (c) A ~~ ~,a~ ~ ~~ ~ ~ d~ of~ of~e ~ ~ ~ ~ ~ Now is ~ ~ 250,~ ~ ~ ~y. ~ U~ ~ ~e ~ ~piK ~ a ~k ~. ~pl~ ~d ~ ~ ~ly S~pli~ ~ ~ys~ ~1 ~ ~ in ~ ~ ~ 40 CFR Pm 136 ~ ~ ~n ~pl~g m ~ ~ f~ ~ ~1~ ~ ~1 ~ ~ ~, ~, ~ p~ of ~ling ~ ~ of~ ~ ~1 ~ ~ ~h ~1~ ~ ~y~s is ~i~~~S~~a~ 41 i~litior~ prc~t~m~t is rCClUi~'d ~ thc ~ ~ m ~ W. C~pli~ ~ule. ~ Dis~ct ~1 ~ui~ 1~ U~ m ~1~ g~dule ~1 c~ ~ of ~ ~ ~ f~ of ~ific ~ f~ ~pl~ of ~~ f~ f~~,~ I~ U~I ~ta~ ~ ~ ~ ~l~int ~~ ~P ~h~ ~n f~ ~ delay ~ ~ ~~ m ~ m ~ ~ule ~bl~- ~n ~n~ (~) ~ys follo~ng ~ ~te f~ fi~ ~pl~e ~ ~d ~t S~ Requirements, or in ~e ~ ora new co--or following ~~t of~z~ d~g~ge m ~ POTW. a re~ indicating ~e ~ ~ c~en~tio~ ~ ~ll ~ ~ ~im~ s~tle ~y. ~ o~ ~ ~d av~e ~ly flow. of ~l ~11~ limit~ ~ ~d ~11 i~ica~e ~e~r ~ a~li~ble Preuea~t S~S ~ g~ ~ ~ng ~ ~ a ~1 ~ si~d bY~ au~d~d ~n~dve °f ~ i~al ~ ~ ~1 ~ ~ by a q~ified ~gi~ng ~ofessi~ y. p~ic Compli~ce 1. A U~ ~bj~ to ~ Natio~ Cateiod~ ~t S~ ~ ~at~ p~ent R~ui~m~ ~11 m~lt to ~ ~a ~ng ~ ~ of J~ ~ ~ m ~m of ~h f~ ~ ~ ~ m ~ ~li~ys. ~g~ cycles, ~¢.. ~ ~ ~Y ~i~ m dsm ~ ~hich ~ compli~ ~ ~ to ~ submi~ ~ a ~ U~. 42 reports s~mil be signed by an a~ori~cd rq~cse~tative of the indusu'ial user prior to sul~nitt~l. 2. The Distric~ may impose quantum limitations on Users in ordcr applicable National Categorical Pt~rc·~nent Standards and as3K~'iated Prtt3'cam~nt Requirtmenu, or in otter cases v, txt~ thc imix*sition of quam~Jm li.,rtit~Jons a~ apptctpriate. In such CL.~S. the compliance ~ ~ by sub~ 1 ofth~ Pa~ will indica~ the quan~i~ of pollutItS by Mid prt, u,~auncnt Standards ~ be discberlcd by the user. ~ rt~orts will corn·in ~ rtsults of ~tmpllng a~l analyses of~e discharge, and will include a record of th~ flow, nan~rt and co·con,scion, or q~n~' in pmmds whe~ Sta~. All ana/yses will be p~or~ in accordance ~ d~e ix'ocedures established by the Adm~is~ntot pm's~sa! lo Section 304(j) oftbe Clean Watc~ Act sad con,-ined in 40 CFR, Pm 136 and amendments thet~o or with an~ other tes~ procedm'es ~pprove'J by thc Administrator. Sampling will be performed in ac¢otctance v4th ~ techniques apl~OVed by the Adminis~ator. It shc~d be noted ~hat where 40 CFR. Par~ 136 do~s not include · sampling or analytical technique for the pollutant in question, sampling and analyses will be pe-rformed in accordance with the procedu~s set forth in the EPA publication entitled "Sampling and A.~iysis Ptoced~tres for Screening of Industrial EITluems for Priori~, Pollutsats" dated April, 1977, ~ amendments 0~-reto, or with any other s,~npling and analyticaJ procedures approved by the Administrator. 6.6. Monitoring sad Inspection. A. Monitoring F~ilides. The Disu'ict s~all require cons'G'ucliort, operation and ma~ntc~ance, at the User's expense, of monitod, ng facilities to allow inspection of the building seweT saCt/ot internal d~e s3,s~ems, and sampl~n~ and flow measurement of the waste being discharged to t~e POTW. ApprOPriate valv~ng shall bc included in dcsign and cons~uction of such facilities to hall discharges immeclialely sacl effectively under situations deseribed by Sc~tion 6.5, pam~'aphs H sad 1. 'l'he monitoring facili~ s~ould normally be situated on the User's premises, but ~e Distric~ may, when such · location would be impmctic~ ot cause undue hardship to tbe User. allew the facility to be cons~'ucted in the public right-of-way and toe·ted so that il will not be obstructed by landscaping ot pnJ-ked vehicles. Ample room shall be provided in the area of such sampling man.~le or facility lo allow accunle sampling and I~ ef samples for analyses. ~ facility, sampling, and n,~.sm~g equipment shall be maintained at all tin~.-s in a safe and proper opera,rig condition at the expense o f thc User. Whether ~ed on public or private ptope'r~, the sampling and morUtoring facili'~ies shall be cons~ucted in · ccorcf~'~ce with the Dis~ct requirements and all applicable local co~'t.~ction standards and specifications. 2 · S ? I ! 2O 22 2~ 3O 2'1 'L 'l 4 S · 'LO 23 ~.S 2O 23 24 25 2~ $0 17 ~ ~ ~ C~ A~ ~mc~of~ ~~ ~ ~e ~ ~fof~ cl~ of~ ~P~ ~' D. R~U~ of I. ~y U~ ~ ~o1~ ~c foll~n~ ~i~ of ~s ~i~ ~ ~l~le ~ ~ ~ ~ o~ ~ 6.7, ~ E of ~ ~: c~ic5 o~ ~s di~Se- ~) F~I~e of~ U~ to ~ si~fic~ (c) Re~ of~ble ~cc~ ~o ~e ~'s ~i~ f~ ~ ~ of (d) Violation ofco~i6o~ of~ ~i~. ~t~g ~or to di~o~ini, ~i m ~o~ni U~'s ~ce m ~t Sdd ~cc ~ll ~om U~ of~ ~io~ offs ~i~ ~ is ~ ~ ~te ~ ~ ~ ~ fm ~id co--ire ~ ~ll ~t ~ di~· s~in8 m ~.o~ng U~'s ~ m ~t. Ho~, ~ Co~denti~ I~o~tion. A. c~den6~ ~ ~ ~lic or ~ i~n~ ~i~ly ~ ~ is able ~ ~em~on o~li~ ~ ~ ~blic ~d la~ of~ S~te of FI~. l~wever, ~ such portions S B. N~ing ~Y of~ ~ offs Su~ ~ S~ ofF~ ~bl~ ~ W ~ ofC°II~C~ ~ ~ ~ ~ ~1 ~ ~, ~g di~l~ of~bl~ ~. ~ ~1~ of ~ ~ di~l~ ~ ~ ~ C~ ~ Di~ ~ ~ ~ ~1~ o~ s~h i~~- A. ~. I~~°f~~ f~~~ 20 (d) F~s fm ~it 2t (e) F~ ~ filing 3o (~ F~s f~ c~i~t ~ x ~bjcct to Fed~ ~x S~s: ~4 (i) ~f~ ~ ~ or wovision of ~is ~di~ce sMIl ~ pro~c~ ~ p~ ~ ~os4d~ by ~fion 125.69, 47 I ,i1 ~4 1S 2o 2~ 2s 21 21 3',' 40 4~ Fioridl S~m~es. Eich de), the violitinn continms sh~Jl constitute i seperite offense. AdditionAlly. the Bo~d miy brinl suil for dimiSes or to tesu'nin, enjoin or mhcr~vise prevem thc viollfion of'this Ordinince in the Cin:Ld~ Co~t oS'Collier County. The provisions of this Ordinance shall be liberally cons'a'ued ~o effecti~.~y cas'r,/ purposes in ~he imetea of public htal1~ saf~T, welfa~, and conven~mce. If nm/sectie~ Id~ase. sen~nc~ o~ po~on of this O~linance is for an7 ~ascm held invMid et mcenstimtiond by an7 limit. Collier Come/Ordinance Number~ '/4-21, 7~-5, ?$.20. 76.~1, 77.9, 7'7.19, 7744.7'7.57. 77-51, 79-3, 79-25, 79-103, 10-43, 12-31,13-31, [3-39,13-40. [3-49,14-35, 14-62, 85--19. 85- 47,15-49.15-69, 15-11, 16-67. 16-7'J, 17-21,17-46,1,1--4,1~-~¢, 19-2, ~9-10. 91-6~, 91~0, 92- 26, 92-64, 93-30, 95-70, 95-72 and 96-7 a~e bet~-by t~'pealed and super~d in The provisions of th~s Ordinmce shtll become and be m~e n pnt~ of the Code of Laws and Ordinances of Collier County. Floridn The sections of the C)edinance ma7 be rele~eted ~o accomplish such. and the word 'ordina~:e. may be chanl~d ~o 'section", 'article', o~ any oO~et appropriate wo~d '~I N '. This Ordinance sh~l become effective upon bern8 filed with the Depaa'tnm~ of State. PASSED AND DULY ~ b~ ~e Board of County Commis=~ne~ ~,4~y of ~. 1997. ATTEST: DW1OHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COLINTY, FLORIDA BY: TIMOTHY L. HANCOCK. CHAIRMAN Approved u to form smd legal su~ciency: David C. Weigel ~ County Attorney 48 PETrFION AV 97-009 TO VACATE A PORTION OF AN EIGHTY FOOT (80') WIDE DRAINAGE F-,,~~ ON LOT 17, QUEENS PARK AT LAGO VERDE, PHASE SIX AS P,.ECORDED l]q PLAT BOOK 16, PAGES 52 AND 53, OF ~ PLrBLIC RECORDS OF COLLIER COUNTY, FLORIDA. ~: To adopt the r~solution to v~cate a portion of the 80' wide drainage easement so that the recently construcied pool and screen enclosure will no~ be an encroachment imo the 80' wide drainage casement ~: Petition AV 97-009 has been rec..rived by thc Transporm/on Depm~en~ from Charles Rowe requesting that the portion of the 80' wide dra/nage easemem !~ within the pool ~ screen enclosure mm be vacated ~o that the pool and screen enclosure does no! consfitme ~m encroachment into the 80' wide drainage easement. Letters of no objection have been received from all pertine~ m/lity providers and from projec~ pl~n review services. The Transpor~on Depanmem has reviewed ~e petition and has no objection. Zoning is PUD. Not applicable. ~~,~~~2~: Not applicable. B.F,C~: That the Board of County Commissioners ~pmve the Resolution for Petition AV 9'/-009 to v~ate ~he above-described portion of ~he plaued 80' wide ~ e~.sement, authorize the execution of the Resolution for the vacation of same by ils Chah'm~, snd direcl the Clerk ~o record a certified copy of the Resolution in the Public Records, and make the marginal notes on the plat PREPARED BY:~ Rick Crrigg David F. Bob~ick Interim Tr~mpo~tion~'~cwr KEVIEWED B~ Public Work~ Admi~sU'~ DATE:~ RG/Wn/063097/ES AV 97-009.doc RESOLUTION NO, ~'7.~ 3 RESOLUTION FOR PETITION AV 97-009 TO VACATE A PORTION OF AN EIGHTY FOOT ($0') ~qDE DRAINAGE EAS~ ON LOT I?, QUEENS PARJC AT LAGO VERDE, 6 PI'L~S£ SIX AS RECORDED 1N PLAT BOOK 16, PAGES 52 AND ? 33, OF THE PLII~LIC RECORDS OF COLLIER COUNTY~ FLORIDA. 9 ~, pursuam t~ Sec~en I T7+I01. Florida Statutes, Ch·des Rm~ does 1~ ~ 10 the vacation of a poniea of aa 10' wide dra~ ea.~emenl on Lot 17, Queem Pad~ a~ talo Vn. de, Pba~ II Si~ as n=cxx~led in Plat Book 16, Pa~s 52 end 53, of the Publk: Raconb of CMlia' Came/, Flodda; ~ 12 WI.IEREA. S, Ibe Bored Ires t~is da~ held a public I~arml Io consider vnca~ a ix~,ion o( said 14 I? NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY' !l COMMISSIONERS Ol: COLLIER COUNTY, FLORIDA, tha~ n'~ foOow~nI be and is hn~by va~md: 19 Sea Exhibi~ "A" a~acbed he~'fo and mcorpomed ~ 20 BE IT FURTI-fER RESOLVED, tJ~ ~e Cl~k ts ~ di~-t~xl tn t~o~d · c~i6ed ~ of'this 2! P~so~ut~m m th~ Pubhc Record~ of' ColleCt Count., Flond~ &nd Io mak~ ptop~ n~.at~m oF ~is vlcat~on 22 o~ ~ ~ecord~d 24 DATED. 25 ATTEST BOARD OF COUNTY COM~'ISSIONERS 26 D~V]GHT E BROCF~ Clerk COLLIER COUNTY. FLORIDA 27 28 29 ~0 32 3'7 39 App~'ov,~d u to form tnd T,.x~h.,. L Hancoc~ CYm, rman ..,~KE-'I'¢tt 0F D£$C~I?TION L o 'r' 1'7 .5 ~7'O.f'"O/"'l.U I,O.OO' . Lo 7' /7 Co~nctng et the ISoutheeet corner of i~t 17, OueoGs Perk et Verde, Phase S~x as record~ in Plat B~k 16, Pages 52 & S3 ~Iic Re~rds of Collier C~ty, glorAda; ~ce Bou~ 89' 0se 01' ~es~ 80.00 fet~ long tho Sou~ line of said ~t 17 to ~e ~est line of a 80 foo~ wide pl8~ted drainage eas~ent; thrace North 00' 59" ~est 5.3 feet along said West eas~ent lifts to ~e Point of Beginning; ~nca con~nu~ No~ 00' 54' 59~ ~st 30.00 f~ ~on9 ~lnce ~o~h 09' OS' 01" ~l~ 6.00 feet; thence Sou~h O0* 54* S0' ~ilC 30.00 feeC; ~henco Sou~ 09* 0s* o[" ~0= 6.00 toe~ to ~h~ P~ or Beginning. Bearing based on the center line of Kent Drive being S 00' 54' 59' ~ast P.O.B. - Point of Beginning P.O.C. - Point of CoemnencoJnent. David B. ~runs FI. Cert. No. 4520 BRaS G BRAS, INC. lO?2 ,,xth Av~u. "- ~ Naples, Plortda 34102 ~ .....~. .. Corp. ~o. LB 3241 ~ ...... TRACT A 0 TRACT ~: .. NALVEI~ CT t T;~ 2 TRACT 21 z~.z. CT i ® 0 0 ATTACHMENT B ~ [EXC£PT FOR VACATION OF PLAT AND $II~JLTANEOU$ REPLAT] Addri·l= / ~r~-~J z~ . Telep~' City/State=~ ~--&' Zip Agent:__ Addr·ss: Telephone:~ City/Stats:__ Zip Addre~ o~ SubJe~ Proper~y:~~ . Ci~y/S~ate:~ _ Zip Code:~ ~cation: Section ~ To.)hip ~O Range ~qal Description: ~t ~ Block . Su~ivtJl°n:Plat Book ~ Page(i) ~ Reason for ~e~ls~ ~ ~ ~ W I ~ere~ Authorize Age~2 Above to Represi~t Me for tition: Date Print Name (Title) Plea·e ·aa "Policy and Procsdurs of Vacation and Annulment" for the list of supportive materials which must accompany this petition, and daliv·r or mail to: Transportation S·rvices Collier County Government Complex Naplel, FL 33962 Telephone: (941) 774-8494 *(1) If applicant l· a land trust, indicate the name o5 beneficiaries. (2) If applicant ia a corporation oth·r than · public corporation, indicate the name of officer· and major stockholders. (3) If applicant is s partnership, limited par~ership or other business entity, indicate the name of principals. (4) List all other owners. Page 4 of 4 ,' I BOARD OF COUNTY COMIBSSIONERS COLLIER COUNTY NAPLES, FLORIDA 23962 RECEDED FRO~----~rllatt 14alr./lia~~3__ ADDRESS__ DATE 6/25~ · 1997 CHECKNO..860'5339'51 DESCRIPTION INVOICE NO. ~.o]'r STM A~I~E J~IIT~, JlAJ'~]'S, P OR: 2134 PG: 0937 STATE OF FLORIDA COUNTY OF COLLIER I KEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the Cc'-tty aforesaid take acknowledgments, personally appeared GREGORY GIFFORD to me known to be the person(s) fescriked in or has/have produced VALID DRIVER S L~CENSE as identLf'~"; and who did/did not take an oath and who exccu%ed the foregcing instrument and he/she/they executed the same. WITNESS my han~ and official seal in the County and State las t.._s 29.'-H.: dav of DECEMBER i~95 aforesaid MY CO:.~%ISSiON EXPIRES: (SEAL~ OCCUPANTS WITHIN 250 FT ON KENT DRIVE RUSSELLH &JOYCESlVEITH 3610KENTDRIVE NAPLES, FL34112 THOMAS R&JANELLESMITH 3612KENTDRIVE NAPLES, FL 34112 GARY & KAREN GARNER 3616 KENT DRIVE NAPLES, FL 34112 RICHARD&SHARON BELCHER 3618KENTDRIVE NAPLES, FL 34~12 FROM: CHARLES &BETTYROWE 3614KENTDRIVE NAPLES, FL34112 TO: TRANSPORTATION DEPT ATTN: RUSS MULLER ~eple., FL 33962 LoT /~ DESCEIP~IOII: ~t 1~, Queens P,rk at ~go Verde, ~me 8~ am reco~ in Plat ~ok Recoil o~ Col~er C~n~, ~orida. ~bJect ~ aase~nt~, restriction m~ reme~ation of record. ~earing Based on the Wemt Lot line bei~ 8 00' SA' 59" r. Abe'tract not reviewed Flood Zone A~ ? p.p. I L. ' Florida pover & light ¢om~en~ ~ , Center Line P.C.P. ' perl~flent Control Point U.y.. = Utility Balenent C.P. = Conore%e pad A/C ' Air.oonditioner p.g. , Pool Equipaent I here~ certify to: &) C~arles B. Pu~ve ~nd ~atriee b) Crooel~ ~r~age ~., d) AMri~ Pioneer Title Insilco e) ~eg Giffo~ i~ey ~ Iket~ ~ ao~ ~ ~e blt of X ~D April 14, 1997 Transportation Services Attention: Russ Muller Collier County Government Complex Naples, FL 34103 Dear Mr. Muller. This will serve as a letter of no objection from Community Development Division to the granting of a vacation of easement on the referenced property belonging to Charles and Betty Rowe at 3614 Kent Drive, Lot 17, Queens Park at Lago Verde, Phase six. (see attached legal description). Sincerely, Senior Engineer JH/reo cc: Health Community Services Queens Park Home Owners Community Development Division .. (e) ..FK£TCtt OF DE.~CPIPTION L~ T I? LO ~ /7 CHARLZ E Commencing at the Southeeet corner 0£ ~ot 17, ~3mmns Pmrk mt iago Verde, Phase Six am recorded in Pl&t Book 16, Pages 52 & 53 of the Public Records of Collier County, Florida; thence South 89° 05' Ol' West 80.00 lsat long ihs South 1ina of said Lot 17 to tbs Yest 1ina of a 80 foot wide plsttsd drainage aas~mmnt; thence North 00' 54' 59' West S.3 felt along said West easement line to the Point of B~qinning; thence continue North 00' 54' S9' Wist 30.00 fsst along a&id thencm North 89' 05~ 01" East 6.00 feet; thence South 00' 54' 59" East 30.00 feet; thence South 89' 05' 01' West 6.00 feet to tbs Point of Beginning. B~artng baled on the center line of Kent Drive b~tng S 00' 54' 59" P.O.B. - Point of B~lnning P.O.C. - Point of Commencement. B. Bnml Fl. Cert. No. 4520 NOT VALID WITHOUT THE SIGNATURE Tile ORIGINAL , "~ I"~----'~ RAISED SF. AL OF A'FLORIDA LICENSED ~URVEYOR AJ~'IR~PP~"--'~.'-'---'- BRUNS & BRUNS, INC. Naples, Florld~ 34102 Co~. No. LB 3241 MEMORANDUM TO: FROM: Ed Ilschner, Public Works Administrator John H. Boldt, P.E., P.S.M ~ Pool F. ncroac~t into Lely Bm, gh Canal F.~ement Lot 17, Queens Park - Phase Six DATE: July 24, 1997 After our conversations with other County staff on this subjecl yesterday, ! field checked the actual site conditions with Robert Wiley, O.C.P.M. Project Manager for the adjacent Lely Branch Canal. Based on our observations, we came to the following conclusions: Because of the relative elevations of the floor slabs and backyards of the homes along the east side of Queens Park, it would appear to be inappropriate to try to place any significant amounts of excavated materials in the proposed 25 tL wide maintenance travelway area. Depending upon the results of detailed field surveys that will be taken at a later date, we tentatively plan on leaving the travelway at natural grade, therefore any retaining wall or hack'yard swale would not be necessary. 2. Mr. Wiley is going to approach FP&L who have a exclusi,,e 110 IL wide easement along the easl side ofthe Lely Branch about 2 proposals: a) Allow us to shift the canal cross-section eagerly $-10 feet to match the existing east slope of the ran,al. b) Allow us to utilize the western 25 fl. of the FP&L easement for our maintenance travelway. The end result of our findings are that we now feel that we can find alternate ways to accommodate the 5.6 foot pool encroachmem into our 80 IL drainage easement at no significant additional cost to the County. I would therefore propose to revise my April 21~ letter to indicate that I have no objection to the proposed v~cation of a small 6' x 30' portion of our easement. Doc: jhb-073 Vince Camero, Community Development Administrator x~bert Salvaggio, Community Development ve Bobanick, Transportation Interim Director Robert C. Wiley, P.E., Project Manager III, '. SOUTHWEST PROPERTY MANAGEMENT April 23, 1997 CORPORA~ 1044 CASTELLO NAPLES. FLOR'IDA 34103-1900 941/261-~40 *, FAX: 941/261-2013, Transportation Services Attention: Russ Muller Collier County Government Complex Naples, Florida 34103 PUBLIC WORKS ADMIN. DATE ~ ACTION: ~ Dear Mr. Muller This will serve as a letter indicating no objection from Queens Park Community Services Association, Inc. to grant your request to vacate a portion of the easement on the referenced property belonging to Charles and Betty Rowe at 3614 Kent Drive, Lot 17, Queens Park at Largo Verde, Phase six (see attached legal description). Sincerely, F. Walter Erich, President Queens Park Community Services Association, Inc. Jef~ Cama~gg, Vice President ' Queens Park Community Services Association, Inc. Richard W. Rosen, Property Manager G~IK Gl~ord Implel, f~ ~962 /07' /~ IllrinI Bleed os t~ Welt Lot line botnl I 00' f~' ~" I F.P. I L. · Florida Povor I light ~ - Center line ?.C.P. ' PIrl~ent Control Point U.E. - Utility C.P. ' Concrete A/C g A~r-cond2tSoner /.~ '7' s.g I hlroby cert~fy a) Charlel B. ~ and htrioo b) C~oI~ ~r~e Co~., i~ luccoooo~ c) ~ Tt~o d) i~rl~ Fl~r Tl~o Ine~ce o) ~ef G~f~ ~t a ~ ~ey of s~ey ~ oko~h ~, ac~ ~ ~e hot of eot for~ Ln bctL~ ~.~ ~e. Ft~ ~oy 12-I~95. DAVID ~a. ~rt. Jo. .SKE'/'¢# OF DESCI~I?TIOAI L~ T I? (~IARLIE RO~E Verde, Phase Six as recorded in Flat look 16, Fegee SZ & 53 of the Ihzblic Records of CoiZiar County, Florida; ~hence 5o~th 89' OS' 01" Wast 80.00 feet long the South line of said ~t 17 to the West line of m 80 f~t wtdt p[mttmd drainage ~m~t; ~anca Worth 00' 54' 59' West 5.3 feet along maid West eas~t line to the ~otnt of Begi~ing; ~ce continue No~th 00' 54' 5~' Wemt )0.00 ~eet ~long maid eam~t line; ~ce North 8~' 05' 01' ~a~t 6.00 ~eet~ ~nce ~outh 00' 54' 5~' ~amt 30.00 feet; ~cm 5ou~ 8~' 0~' 01' Wemt 6.00 feet to the ~oint of Begt~lng. karingb~aed on the center line of Kent Drive being $ 00' 54' 59' ~.O.B. m Point of Beginning F.O.C. · Feint of Coa~a~nce~ent. d I. lz~me r~ Fl. Cez~. No. 4520 I~OT V~LID WITHOUT THE SIGN~TUR£ ~ND TRI ORIGI~ RAISED BEAI~ OF &.F~ORIDA LICENSED SUlt¥[YOR ~ND I~,~PP~- BRUNS & BRUlqS, INC. 1072 Sixth Avenue #. Naples, Florida 34102 Corp. No. LB 3241 RECOMMENDATION TRAT TI~ BOARD OF COUNTY COMMISSIONERS AI~ROVg A RATE RF..SOLUTION TO AJDUST LANDFILL TIPPING FEES, RESIDENTIAL ANNUAL ASSLF~SMI~N'I~ AND COMMERCIAL WASTE COLLECYION lr~g*~. g..Q..~~: The Solid W~st~ DcparUncnt P~t¢ Resolution for FY 1997-95 to rates rcflecting the recent Board ~ions tlutt froze ~c ~ll~on ~m ~ ~ ~ ~ N~ ~ ~ ~ W~ ~gcmen~ ~. ~ ~ ~ N~ ~ ~ ~n ~ ~ 25 ~ ~ ~ic ~ b~ng ~ ~ c~ m ~ d~ m~ m ~ ~ N~r T~. ~ ~ (~ ~ 2.34%. For ~ ~ ~s ~ ~ a ~ ~t ~ ~ {'Indudes Collection of P,~wclablc~ Service Art~ N#mber One; ~ [~fooosed Twice Weekly Curbside P~ckup Collection Fee $ 78.03 $ 75.03 ~ ~ 29.93 =Ammal Fee $107.30 S!07.96 Service Ar~a N~mber Two: rFesen! P.~tl[.lia~ Twice Weekly ~& ~ ~on Fm $ ~.59 $ ~.59 ~ ~ 29.93 -~ F~ $109.~ $110.52 The Cpi inc~:ase of 2.34% is s~o applied to landfill tipping fees. The proposed ra~s for disposal of mattn~ls a~ the Naples and Immokalee l.~udffils is provided below: FY97 Rates ~ur-97 CI~I FY9~ Rat~ Gcncrnl Wa~cs $25.72 per ton 1.0234 26.32 Special Wastes: ~ 20.58 per ton 1.0234 2 i.06 Tin:s/~ pL_.'~__ 25.'/2 per ton 1.0234 26.32 Whole Tir~ 87.45 per ton 1.0234 89.50 No Change 1.00/tire Car/truck ~ 15" or ~lcr 1.~ ~ Bio~ 13.89 ~r Ion 1.0234 14.~ ! .0234 ~. 11 ~ Bio~ 2' or i~s 6.94 ~r ton No ~ ~ F~I ~ ~ 6" m ~ No C~e ~Fffi ~~6- in ~ 4.12 ~r wn !.0234 4.21 S~ W~ I 128.~ ~r i~dent 1.0234 13161 ~ 1.0234 26.32 S~g W~ H 25.~2 ~ ion S~ W~ ~ 10.29 ~r i~m 1.0234 10.53 Tr~er S~t~u F~s No ~ 4.25 Aulo ~ I~ ~ % ~. yd. 4.25 ~r ~ T~I~ mo~ ~ 'A ~.yd. 8.50 ~r ~. yd. No ~ge 8.~ ~ or ~ g~ 15~ or ~ler 1.~ ~r g~ No ~ge 1.~ ~ or ~ ~ 16" or l~$er 4.~ ~r g~ No C~ge 4.~ twice ba~ rate except sludge, at $26.32 for Collier County, Utilities. ,~.~~d~: The proposed increase will afl'ecl Mandatory Customer~ u follows: ~ ~ervtce A~ea 1997 Assessment l~te $107.30 Free. z~ on collection rate .00 CPI increase on disposal fee ~ 1995 Propo~ Assessment Rate: $107.96 $109.86 .00 $110,52 The collection po~on of the annual assessment is $78.03 for Service Aria One and S80.59 for S~mce Ar~a Two. Tb~ freeze in the ann~al CPI avoi~ an incaza~ of approximately Sl.86 per residential umt. Commerc~ du~pster rat~s have been reduced by 25 cents per cubic yanL which is eqmvalcnt to a rate reduction of approximately 4°/0. Applying the 2.34% to the reduced rate results m a net ~n of approximately 1.66 percent. ~;]ROWTE! MANAGKMENT I]~aACT: N/A ~,~r..~~: The Board of County, Commissioncrs approve a Rate R~olution to adjus~ landfitl gpping fees, residential annua~ assessments and commercial wa.~e colleetion fees. PUBLIC WORKS DIVISION Date 2. 3. 4. 5. 6. ?. 8. 9. 10. 16. 17. 18. 20. 21. 22. 23. 24. 2.5. 26. 2'/. 28. 29. 30. 32. 33. 34. 4. $. ';. 8. 9, 10. 12. 18. 19. 20. :)1. 22. 24, 25° 26. 2'~. 30. 34, Apl~ a~ m form and Iqal mtl~a~c)': £FFtCTIV[ DAT[ i 2 3 4 6 1 2 3 4 6 Renan Fee: $$7.26 Attncbmeet No. I fl~ l~f4 BAT[ SCHED~ FOR SERVICE AREA NO. I WA.~'E MANAG£MI:NT OF COt JJ'rR COUNTY. EqC. Bt,..JC CONTAXNtR COMMZR~ RATtS (e.2S~'d dlscount b Cdletdee as, I s'stm ~ON DISPOSAL 67.00 12.62 79.62 107.62 25.24 132.~6 141.39 37.[6 179.25 202.64 50.41 253.12 211.2 i 63.10 274.31 247.27 75.72 322.99 85.86 25.24 1 i 1.10 159.14 ~0.41 209.62 2 [ 1.77 ?5.72 217.49 274.72 100. 9? 375,69 333.10 126.20 459.30 404.07 151.45 555.52 124.20 37.86 162.06 196.19 75.72 272.61 301.06 113.59 411.65 3'/3.16 151.45 524.61 LS2.47 189.31 ~0.17 227.16 140.83 50.48 191.31 251.13 100.9'7 352.10 354.15 151.45 f,06.30 467.01 201.92 668.93 :568.16 252.42 121.28 689.04 302.89 991.93 S1'/.33 PER PIOCLfP S34.64 PER HCKLrP S5 i PER PICKUP ~9.26 rFFEC11VE DATE Attncbmem No, ! Page 2 of 4 It, ATE SCHEDULE FOR SERVICE ARF. A NO. I BULK COM?ACTOR COMMERCIAL IUikTr. S (0.25/yd discount EB Cogecth)u Amd Extra iqckup) Rc~m Fee: $5?.26 FREQ. COLLECTION DISPOSAL TOTAL PER WEEK I $ i 17.34 69.40 186.74 2 182.20 138.85 321.05 3 299.14 208,24 5~?.38 4 297.'74 277.65 $75.39 5 297.24 34.7. I0 644.34 6 356.49 416.49 7'72.98 20'/.62 138.85 346.47 3'/4.62 2'7'7.65 652.2'7 506.44 416.49 922.93 639.69 555.34 1195.03 T'/2.41 694.13 1466.$4 906.~6 832.98 1739.84 302.94 208.24 510.98 436.60 416.49 853.09 '/04,61 624..74 1329.35 122.09 132.98 16:55.0.7 1102.9~ 1041.22 2144.20 1308.66 1249.4.7 2555.13 1 2 3 4 6 330.0:5 2T7.65 60'7.-/0 559.11 555.34 1114.52 -/87.31 132.98 1620.29 1016.90 1110.63 2127.53 1244.83 131~.32 2633.15 1475.6-/ 1665.97 3141.64 $112.15 PER~CKUP $135.11 PEP. Atl~Kllmt No. I Page 3 of 4 EFFECTIVE DATE 10/1/97 2O CUBIC YARD 30 CUBIC YAP, DS 40 CUBIC YAI~DS COMPACTOR RATE SCHEDULE FOR SERVICE AREA NO. I WASTE MANAGEMENT OF COLLIER COUNTY. [NC. ROt,L,-OFF SERVICE - REGULAR COMMERCIAL CUSTOM, Lq I~3N'I'I-R.Y EOUTPMENT CHARGE $ 85.S9/CONTAINE~ $ 9'7.34/CONTAINER $10S.791CONTAfNER VARIF..S WITH EQUIPMENT S1~.$9- 137.41/LOAD' I;15.89- 137.4 I/LOAD° S~$.$9- 13?.41/LOAD* $'200.40/LOAD Rem~tJcmaJ ~hicle ~ n~bile home IMrks and mobiJe home sulxl~s~x~ Um contl-a~ Io ~ Att~ckm~t M~. ! I'mle 4 d 4 10/1/97 P.~tan Fee: $Y'/.26 RATT., SCBF..DLTLF. FOR SERVICE AREA NO. 2 _[MMOKAL£E DISL~OSAL SERVICE COM]'ANY BULK CONTA/NER COMMERCIAL RATY. S RATE pER MONTH FREQ. COLLECTION DISPOSAL TOTAL FER WEEK 1 $ 51,~53 12.2'7 63.10 2 100.7.7 24.54 125.31 3 125.9'7 36.81 162.'/t 4 154.55 49.08 203.66 5 1'7'7.48 61.35 238.83 6 194.66 73.62 268.28 1 2 3 4 6 S 80.17 24.54 104.71 148.8'/ 49.08 197.95 211.83 '73.62 285.4:5 269.07 9~. 1'7 367.24 320.60 122.~0 ,~3.30 36640 147.25 513.65 143.14 36tl 179.95 211.13 73.62 285,45 2'74.10 11044 315.24 332.05 147.25 479.30 313.51 il4.06 429.36 220.16 650.22 SI7.14 PER FICKUP $3:5.66 PER PICKUP S$3.49 PER PICKUP EXECUTIVE SUMMARY PETITION V-97-6, GREG CARLISLE (CONTRACT PURCHASER) REPRESENTING HENRY JOHNSON REQUESTING A 10 FOOT VAKIANCE FROM THE REQUIRED 25 FOOT REAR SETBACK TO 15 FEET FOR PROPERTY LOCATED ON THE Sou'rHW~T SIDE OF BAYFRONT DRIVE, FURIHER DESCRIBED AS LOT 18, BAYFROI~ GARDENS SUBDIVISION, IN SECTION 6, TOWNSHI1~ 48 SOUTH, RANGE ,IS EAST COLLIER COUNTY, FLORmA. This petition seeks a 10 foot variance from the required 25 foot rear yard setback to 15 feet to allow for thc conslructi/m ofe single family dwelling for property zoned Lely Barefoot Bench PUD. CONSIDERATIONS: The purpose of this petition is to seek relief from the required rear yard setback dimension of twenty- five (25) feet to 15 fe~t, to allow for a proposed single-family dwelling. The subject site is vacant land, and though platted, is irregularly shaped such that the proposed dwelling could not reasonably be placed so as to conform with the required setbacks. It should be noted that the cu~q-,r,t owner received a 5 foot variance (P~tion No. V-96-15) from the PUD required 30 foot rear yard s~back to 25 leer However, due to the resulting irregular floor plan, the property owner never constructed the dwelling. Subsequently, the contract purchaser is now requesting an additional 10 foot v~iane~ to allow for thc placement of a more conventional home that is similar to other dwellings c. onm-ucled on the t~gularly slug~ lots in this subdivision. The proposed structure complies with all other setback r~quirmgnts for Bayfront Gardem PUD. It should be noted that the PUD documem provi~ for n 30 foot rear yard raaback on waterfront lots and 25 feel on non-waterfront lots. It is sta~s opinion thisl there are special conditions and circurns,.ances existing which are peculiar to the location and cham:temt~ of the land. For example, the site fronts on a portion of Little Hickory Bay that cuts imo the residential u'acts along Bayfront Drive ami causing the subject site to be an irregular vaxlge shape. As a rm~ the buikting envelope between the front and re. ar setbacks is too musovv to site a t'tsid~mfial smactm~ with a footprint dimensions that ar~ typical with surrounding mighhoChood hornet These spmial !~ conditions were also cited when the Board of Zoning Appeals spln'ov~ a 5 foot variam:e i,, 1996 on th~ subject site allowing a 25 foot mar yard gaback. The petitioner cin;m_~ that the literal intcrpretstion of the code oonceming lira ss~badt contained in the PUD document will work urmecessm3, and und~ hanlship existing setback requ/rements would produce a floor plan tha~ is inomsissenl wish ~s~ sssmnsssding neighborhood dwellings. Furthermore, the current owner &d ~ ~ d~ o~M ~ tried to develop building plans to meet the existing setbacks. Howev~, Ihe own~ has nm Imm sell those plans. The petitioner is only seeking the minimum amoum to nllow the plat, mini ora single family dwelling with a foot print that is similar to other homes in the ndxlivision and m cmni~y the requirements of the Land Development Code and the PUD doonnenc SEPZ3 1997 It is staffs opinion ~ ~h¢ gr~nQng of th~s vm'im~:c v~ll ~t ~ ~ k~ ~ ~c g~ ~t ~ ~ ~ ~ ~ its ~p~v~ ~ ~e ~ ~~ ~ ~ ~e ~ ~ ~ ~H ~ ~c ~ ~v~c ~ ~ ~c c~ of ~t ~ ~ ~ ~- ~ a ~ ~ ~ of ~s v~ ~ ~ ~ ~j~o~ ~ ~ ~~ ~ ~ ~ ~ing ~~ (C~ h~ ~ ~fi~ ~ Au~ 21.1~ ~ ~ 7 ~ 2 m ~ P~fion V-97~ m ~ ~ of~g ~ ~ a ~~ of~ of ~ ~ 10 ~ v~. ~e ~o pl~g ~~ ~ ~ m ~ ~ ~ ~ ~ ~ ~ ~ ~ ~u~ w~ ~t ~e ~ v~ ~ ~e ~lc ~c ~ie ~ of~ GROWTH MANAGEMENT IMPACT: Thc proposed variance is consistcnt with the applicable provisions of the Growth Management Plan. PLANNING COM1VIISSION RECOMMENDATION: The Collier County Planning Commission (CC'PC} forward Pciition V-97-6 to the Board of Zoning Appeals 0~ZA) with a r~co~ of ~- PREPARED BY RAY ~fi~ELLOWS PRINCIPAL PLANNER ~CKII~NT PLANNING SECTION vi~ x. CAUTERO, ADME~STRATOR DATE COMMUNITY DEV. AND ENVIRONMENTAL SVCS. V-97-3/EX SI.IlviM~Y/RVB/rb DATE SEP 2 3 1991 AGENDA ITE~ 7-C TO: FROM: DATE: RE: OWNER/AGENT: COLLIER COUNTY PLANNING COMMISSION COMMUNITY DEVELOPMENT SERVICES DIVISION .K.rI..Y 21, 1997 PETITION NO: V-97-6 Agent: Mr. Greg Carlisle (Contract Purchaser) 5121 Castelio Drive, Suite 2 Naples, Florida 34103 Mr. Henry M. Johnson 580 Springline Court Naples, Florida 34102 REOUESTED ACHO~.. This petition seeks a 10 foot variance fi'om the requized 25 foot re&r yard setback to 15 feet to allow for thc construction of a single family dwelling for property located within the Lely Barefoot Beach PUD. GEOGRAPHIC LOCATION: Toe property fronts upon the southwest side of Bayfi'ont Drive and is further described as Lot 18, Bayfi'ont Gardens Subdivision, in Section 6, Township 48 South, Range 25 East. (See illustration following page). PURPO3E/DESCRIPTION FOR VARIANCE; The purpose of this petition is to seek relief from the required rear yard setback dimension of twenty-five (25) feet to 15 feet, to allow for a single family dwelling. Thc ~ubject silo is vacant land. and though platted, is irregularly sheped such that the proposed dwelling could not recently be pl~..ed ~o as to conform with thc requited setbacle*. It ~hould be noted that the ~bject ~ite recdved a 5 foot variance (V-96-18) from the required 30 foot rem' yard u:tback to 25 feet. However, due to the resulting irregular floor plan, the current property owner never constructed the dwelling. Subsequently, the contract purchaser is now requesting an additional l0 foot variance to allow for the placement of a more conventional home that is similar to other dwellings constructed on the regularly shaped Iot~ in this ~bdivision. The p~ oposed Im'ucture No.AgE~ compli~ with all other setback r~luir,men~ for Bayfrmat ~rd~a~. ~ SEP ,~ 3 1997 k, / / · I _SURROUNDING LAND USE AND ZONING: Existing: The site is currently vacant and is zoned PUD. Surrounding: North- Bayfront Drive and a preserve are. a; Zoned PUD. East - Vacant lot #17; Zoned PUD. West - Little Hickory Bay. South- Lot #19, (under construction); Zoned PUD. _GROWTH MANAGEMENT PLAN CONSISTENCY: The requested variance does not have any impact on this propm~s consistency with thc Countbes Growth Management Plan. EVALUATION FOR ENVIRO~NTAL TRANSPORTATION AND INFRASTRUCTURE: Approval of this variance request will have no effect on infrastructure, transportation or the Section 2.7.5 of the Land Development Code gives the authority to the Board of Zoning Appeals (BZA) to grant variances. The Planning Commission is advisory to the BZA and utilizes the provisions of Subsection "4" (a) through (h) which arc general guidelines to be used to assist the Commission in making a determination. Responses to items in this Subsection are as follows: a. Are there special conditions and circumstances existing which are peculiar to the location, size and characteristics of the land, structure, or building involved? Yes, the subject site is located within the Bayfrom Gardens Subdivision and is platted on a very narrow lot with water frontage on Little Hickory Bay. The irregular lot shape is a special condition that is peculiar to this lot. The buildable area between the front and rear setbacks is too narrow to site a residential structure with a footprint dimensions that are typical with surrounding neighborhood homes. b. Are there spectal conditions and clrcumstance~ which are not the result from the action of the applicant such as pre-existing conditions relative to the property which is the subject of the variance request? Yes, the parcel was approved and platted as a residential lot requiting an unusually small building envelope within the existing setbacks. The PUD document provides for a 30 foot rear yard setback on waterfront lots and 25 feet on non-waterfront lots. It should be noted that these special lot conditions were also cited when the Board of Zoning Appeals approved a 5 foot variance (V-96-18) on the subject site allowing a 25 foot rear yard setback. However, the building plans approved at that time were not mark~ab|,~ lA.,t~f~r~ of the resulting irregular house design. Therefore, the contract purchaser islrequemn~ additional 10 foot variance which would allow for a more typical building e~velope. Will a literal Interpretation of the provisions of this Land Development Code work unnecessary and undue hardship on the applicant? Yes. A home designed to accommodate the exis6ng setback req~ents would be inconsistent with the surrounding neighborhood and would require ~ floor plan that would be impractical and unmarketable. The curt'cng owner ~d not create this odd shaped lot and has tried to d~vclop building plans to meet the existing setbacks. However, thc owner haz not been ~ble to sell those plans. The variance is necessary to allow for a typical floor plan that has been constructed on other lots in this subdivision. It is a hardship because the application ortho setback req~ent haz made the lot tmbuildablc for all practical purposes. Will the variance~ ff granted, be the minimum variance that will make possible the reasonable use of the land, building or structure and which promote standards of health, safety and welfare? Yes, the petitioner is only seeking the minimum amount to allow the placement of a single family dwelling with a foot print that is similar to other homes in the subdivision and to comply with the requirements of the Land Development Code. Will granting the variance requested confer on the petitioner any special privilege that is denied by these zoning regulations to other lands, buildings, or strnctures In the same zoning district? Yes, the granting of the requested variance will allow for a reduced rear yard setback, however, all variances effectively do this. Will granting the variance be in harmony with the general intent and purpose of this Land Development Code~ and not be Injurious to the neighborhood, or otherwise detrimental to the public welfare? It is staff's opinion that the granting of this variance will not be in keeping with the genera] intent and purpose of the Land Development Code. However, it is unlikely that any detriment to the public welfare would result from its approval since the proposed encroachment fronts on Little Hickory Bay which will not have any adverse impact on the circulation of light and air between slructures. As a result, the granting of IEis variance will not be injurious to the neighborhood. Are there natural conditions or physically induced conditions that ameliorate the goals and objectives of the regulation such as natural preserves, lakes, golf eourse~ etc~? Yes, there are natural physical conditions such as the sites location on Li~.ie Hickory Bay. Since the proposed encroachment is towards an open bay there will be n adveP~ on the circulation of ligh, and air between structures. I so. [ SEP 2 3 1997 3 / I.,...'7 Will granting the variance be consistent with the Growth Management Plan? The gnmting of the requested variance will not affect or change the requirements of the Growth Management Plan. STAFF RECOMMENDATION: That the Collier County Planning Commission (CCPC) r~commend approval of Petition V-97-6 being a petition seeking a variance to the minimum rear setback requirement of 25 feet to 1:5 feet for property de~Tibed in the Resolution of Adoption. PREPARED BY: RAY ~J~LLOWS PRINCIPAL PLANNER REVIEWED BY: ~)BE~T J. MULHERE, AICP, MANAGER CURRENT PLANNING SECTION , .MC'P, DIRECT~'R G SERVICES DE~ co~~ D~V. ~,~ t-NVmO~,rr~ svcs. Petition Number V-97-6 StaffRepon for August 21, 1997 CCPC meeting. 7-~/-?? DATE DATE COLLIER COLrlqTY PLA. NN/N~{~'flSSION: NfICHAEL A. DAVIS, CHAIRMAN V-97-6/STAFF REPORT/R'v'B/rb SEP 9. 3 1997 VARIANCE PETITION (VARIANCE F~OM SET~CK(S~ REQUIRED PETITION NO. ' 1:' 9 ? '6DATE~ETITION RECEIVED PETITIONER'S ADDRESS 580 SDringline Court Naples. Florida 34102 TELEPHONE 263-4523 AGENT'S ADDRESS 580 Sorinaline Court. Naples. Florida 34102 TELEPHONE 643-6970 LEGAL DESCRIPTION OF SUBJECT PROPERTY: LOT(S)_L~. BLOCK(S) Plat Book 14, Pages 114-117 SUBDIVISION Bayfront Gardens SECTION § TWP ~8 S RANGE (If legal description is lengthy, i.e. metes & bounds description, attach additional page) CURRENT ZONING OF SUBJECT PROPERTY PUD EXISTING LAND USE ON SUBJECT PROPERTY Vacant land ADJACENT ZONING AND LAND USE N PUD Bayfront Drive S pUD Vacant Lot 19 E PUD Vacant Lot 17 w pUD Hickory_ Bay MINIMUM YARD REQUIREMENTS FOR SUBJECT PROPERTY FRONT: 15' CORNER LOT: NO/YES (CIRCLE ONE) SIDE: 7,5' REAR: 25' WATERFRONT LOT: NO/YES (CIRCL! 1 SEP 2 ~ 1997 ]NATURE OF PET~T'rOlq Provide a detailed explanation of the request including what structures are existing and what is proposed; the amount of encroachment proposed using numbers, i.e. reduce front setback from 25' to 18'; when property owner purchased property; when existing principal structure was built (include building permit number if possible); why encroachment is necessary; how existing encroachment came to be; etc. Petitioner resDectfullv re=ues=s a reduction of the rear building The lot is vacant land, and though platted, is oddly shaped such that the placement Of · normally sized residental structure is difficult to impossible to place within the recuired current setbacks. Petitioner has a gontract to purchase the lot from the current owner. The setback variance is necessary to locate ~he Petitioner's proposed home. Please note that staff and the Collier County Planning Commission shall be guided by their recommendation to the Board of Zoning Appeals, and that the Board of Zoning Apppeals shall be guided in its determination to approve or deny a variance petition by the below listed criteria (1-6). (Please address this criteria using additional pages if necessary.) 1. Are there special conditions and circumstances existing which are peculiar to the location, size and characteristics of the land, structure, or building involved. yes. The lot is located in the platted Bavfront Gardens Subdivision with water frontace on Little Hickol-y Bay. The buildable area between the front and rear setbacks is too narrow to site a residential structure with a foo=Drint dimension consistant with surroundinq neighborhood homes. 2 SEP ~ 3 1997 · ~.. /0 Are there special conditions and circumstances which do not result from the action of the applicant such as pre-existing conditions relative to the property which is the subject of the variance request. Yes. The parcel is an oddly shaded vacant buildina lot re~uirina a commercially unfeasibl~ buildin~ envelope within the existin~ buildin~ set back recuiremen~, Will a litteral interpretation of the provisions of this zoning code work unnecessary and undue hardship or create practical difficulties on the applicant. Yes. A home desicned to accomodate the exitin~ set back requirements would be visually unattractiver ethethically inconsistant with the surrounding neighborhoodr and would require a site plan unacceptable to any reasonable homeow~er. 4 o Yes. will the variance, if granted, be the minimum variance that will ~ke possible the reasonable use of the land, building or structure and which promote standards of health, safety or welfare. will granting the variance requested confer on the petitioner any special privilege that is denied by these zoning regulations to other lands, buildings, or structures in the same zoning district. $£P 2 ~ 1991 Will granting the variance he in harmony with the intent and purpose of this zoning code, and not be injurious to the neighborhood, or otherwise detrimental to the public welfare. Are there natural conditions or physically induced conditions that ameliorate the goals and objectives of the regulation such as natural preserves, golf course, etc. Yes. The lot overlooks Little Hickory_ Bay. The set back adJustmen~ wi~ po~ ~pgroa~h ln~o the adjacent lot bay views or be visually different from the buildino placements of the surrounding structures. Will granting the variance be consistent with the growth management plan. SEP ,~ 3 1991 | I, Henry_ M. Johnson being first duly sworn, depose and say that I am the owner of the proper~y described herein and which is the subject matter of the proposed hearing; that all the answers to the questions in this application, and all sketches, data, and other supplementary matter attached to and made a part of this application, are honest and true to the best of my knowledge ard belief. I understand this application must be completed and accurate before a hearing can be advertised. ! further permit Gte= Carlisle to act as my (AGENT'S NAME) representative in any matters regarding this Petition State of Florida County of Collier The foregoing Agreement Sheet was acknowledged before me this day of March , 1997 by Henr~_ M. Johnson , who is personally known to me, or who has produced .~4-~'d as identification and who did (did not )take an oath. (Signature of Notary Public) State of Florida County of Collier NOTARY PUBLIC Commis.~ ion # Jg'Z o, The foregoing Agreement Sheet was acknowledged before me this day of March , 1997 by Greg Carlisle , who is personally known to me, or who has produced _~-~. as identification and who did (did not )take an oath. (Signature of Notary Public) VARIANCE A~PLICATION/m~ NOTARY PUBLIC Commission # %k RESOLUTION NO. 97- RELATING TO PETITION NUMBER V-97-6, FOR A VARIANCE ON PROP£RT¥ HEREI~AFT£R D£$CRZB£D IN COLLIER COUNTY, FLORIDA. WHEREAS, the LegilllCure of the St/ti of Florida in Chapter 125, i rlorl~ $tltutes, has conferred on ali counties in Florida the power to 10 establish, coordinate lnd enforce zoning and such bulinell regulationl 11 il Ira necessary for the protection of the public; and *2 #H£~EAS, the County pursuant ~here~o has ,dopted a ~nd 1) ~velo~nt Code (Ordinance No. 91-102) which eltlblishes 1s which i$ the granting of vi=lances; ind ~ER~S, ~he Board of Zoning Aprils, being the duly elected It constituted Board of =he area h,reby affected, hal held I p~lic ~s hearing after no=ice as in said ze7ul~tions ~d, ~nd provid~d, and has 1~ considered the advisability of a 10-foot rear st=back varianc~ f=~ the ~0 r~quired 25 fee= ~o 15 feet as sho~ on the ,tt~ched plot plan, ~ "A', in a POD zone air =he property her~ln~fte~ described, and 22 found as i ~ez of fac~ ~hat satisfactory provision and 24 regulations and in accordance wzth Section 2.7.5 of the Zoning 2s Regulitions of said Land ~velo~ent Code for the uninco~=lted Aria 21 of Collier County; and 21 heard by this Board in p~lic Meting assailed, and ~hl Board having 29 considered all ~=~erl presented; 30 N~ THE~ BE IT ~SOL~D BY THE BO~D OF ZONING APP~ of j~ Collie: Co~y, Florida, The Petition V-97-6 filed by G~eg Ca~lisle, Contzl~ ~ represen~ing Nenry M. Johnson, wi~h res~c~ ~o the 24 hereinafter descried Lot 18, Bayfront Gardens, as recorded in Plat Book 14, Pages 114-117, of the Public ~eco~ds of Collie~ Cowry, Flori~. ~a be and the s~e hereb~ is approved fez a 10-~oo~ se~ck ~ f~ the required 25 fee= =o 15 feet as sho~ on SEP 2 ~ 1997 :3 4 S 41 ? lO 11 14 1S 17 15 I! 21 3? locactd, l~tct to Chi following conditions: This 10 foot vs=linca f=o~ the required 25 foot ga&g satblck to 15 felt is fo= the enc=oschment depicted on r~hibit /my other incroachnmnc sh~l =equi=a a ney ~tl Resolution i~ced ifte= ~cLon, second ind~og/ty vote. ~e Chis ~y of , 199?. ATTEST: DWIGHT £. BROCK, Clerk COLLIER COUNTY, FLORIDA TIHOTHY L. HARCOCK, Chairmin Approved as Co Form and Legal Sufficiency: Hat,ogLe H. $cudeht -3- SEP ~. $1997 ./.: .... :!;-' EXECUTIVE SUMMARY CU-97-9, IIMOTHY W. FERGUSON, P,A., AS AGENT FOR EL ESPRESSO BUS COMPANY, REQUESTING CONDITIONAL USE '12" OF TH~ C-~ ZONING DISTRICT FOR A BUS TERMINAL FOR FROPI~TY LOCA~ AT II~ NORTHF. AST CORNER OF NEW MARX. El ROAD AND STATE ROAD 29, IMM~ IN SECTION 3, TOWNSI-m~ 47 SOUTH, RANGE 29 EAST, COt.T-o~iR COUNTY, FLORIDA CONSISTING OF 0.2 ACRES, MORE OR LESS. This petition seeks to obtain aPT: .val of a use which is conditionally authorized, bcing a bus depot, in the C-5 zoning disv'ict. CONSIDERATIONS: The property is located in the community of Immokalee, Florida. Specifically, the property is located on the northeast comer of State Road 29 and New Market Road. The subject property is zoned C-5. Bus Tcrminals/D~ts arc uses authorized in Industrial Districts as a matter of right, and may be authorized under the conditional use process in the C-5 district. This petitioner seeks to use space within an existing commercial building and · portion of the site to facilitate the operation ora bus depot inclusive of its ticketing offices and ancillary space. No land is zoned for re. side~fal purpos~ on or near any portion of the ~ite which has direct access to State Route 29. The land is de~ign~t~ Commercial Center/Indu~rial (CC-l) on the Immokal~e Futur~ Land Use Map. The conditional use is consistent with this designation. The Collier County Planning Commissior, ,', iewed this petition aI their public hearing on August 21, 1997. They unanimously ($ to 0) re -:mended approval. No person spoke or otherwise communicated any level ofobiec~ion to this. ' :ditional use. The findings of the Planning Commission were supportive of their r~..omrnendation and are included as exhibits to the draft Resolution for Adoption. FISCAL IMI~ACT: None. GROWTH MANAGEMENT IblPACT: None. No. ~ SEP 2 3 1997 lilSTORIC/ARCIIA~OLOGICAL IMPAq: Staff. ~ iadica~ that th~ l~titioncr's property i~ loc, ami out, de an m:a of historical md erclu~lo~ prob~ility -. rc'fmmced on th~ offlci~l Colii= County Prob~ility M~. Th~for~, ~o PLANNING COMMISSION RECOMMENDATION: That P~ition CU-97-9 be ~'oved as described by the dr~ Resolution for Adoption and Exhibits thereto made a part ofthi= Executive Summary R~/~ALD F.X~NO, AICP CHIEF PLANNER REVIEWED BY: CURR~NT~GMANAGER W. ARNOLD, AICP G SERVICES DF. PbRTMENT DIRECTOR VINCENT A. CAUTERO, ADMINISTRATOR DATE COMMUNITY DEV. AND ENVIRONMENTAL SVCS. DATE DATE CU.97.9 I~X SUMMARY/md SEP ~ 3 1997 AGENDA EMORANDUM FROM: COLLIER COUNTY PLANNING COMMISSION COMMUNITY DEVELOPMENT SEKVICES DrvISION DATE: RE: /UNE 26, 1997 PETITION NO: CU-97-9 EL EXPILESSO BUS COMPANY OWNER/AGENT: Timothy W. Ferguson, P.A. 2272 Airport PulBng Road, Suite 210 Naples, Florida 34105 D ~d K P, em~l D~n Blocke~ ~nd K~ny Blocker, 1303 West N~w Market Ro~d Immok~lee, Florida 34142 _ILEOUESTED ACTION: This petition ~ to obtain approvel of a u~ which is conditionally m~ho~ being · bus depot, in GEOGBAPI:HC LOCATION: The propem7 is locked in the community of Immokalee, Florida. Specifical~, the property i~ i~ on the north east comer of State Road 29 and New Market Road (See illustration followin8 page). [~URPOSE/DZSCR/FT/ON OF PROJECt: Ex~ing: South & West- T~ land to ~ cut is developed as · county Tbe land to the south and west is developed as a ~. ;.i.L~'_,:_,'TH MANAGEMENT PLAN CONSISTENCY: ~ ~ i :~p~-'~'y is locaIed within the area designated Commerce Center/Indusuial on the Immoic~e ] , c L~,nd Us~ Pla~ The XFLUP advises thai this disuict i$ intended to function as an employment c-'::.~,,>rics of retail s~ivities found m Divmon (3 Retail iraae otme otanoa~u .,~u~,,~ }-..~:;d ,=,nlc,~s these types ofuses are subordinaie to an industrial use. A Bus Depotfrenni~ is an a,~.,;~.~r' ,t~zt ~ use of land arid conditionally authorized in the C-5 dimict, ther~ore, the use of I~ .~ubject property as proposed is consistern with the Lrnmokalee Fumr~ Land Use Plan and therefore, the Ch'VIP. The added use emphasis on this propert~ does nothin$ to change impacts on levels of service, and iL.: ct-ore, thc petition is deemed consistent with the GMP in general. ~.. ~Ag~IC/ARCIIAEOLOGICAL IMPACT: S~,~"s analysis indicates that the petitioner's property is located outside an area of historical and a~i~a~ologic, al probabil~ as referenced on the oeicial Collier Cou~ Probability Map. Therefore, no I-Iistoriczl/Arc, haeolo/ical Survey and Assessment is required. EVALUA~ON FOR ENVIRONMENTAL. TRANSPORTATION AND INFRAS~U~: The subject peglion has been reviewed by the appropriate stiff responn'ole for oversi/ttt rehted to the ~hove ref'~ areas of crilical concern. This includes · review by the Conmmni~ Devdopmem ,,: ,, i: ~:~-~,~,-.nt al and engineering sta~ and the Transportation Department staff. 'h-a~,,sporlalion engineering staff advise that no more than two dzily buses be lhat a spec/ftc space be idemiied on the si~e. J $EP231991 CRYrERIA EVALUATION: The Current Planning Staff has coordinated a comprehensive evaluation of this land ,-.: petition and the criteria on which · favorable determLn, ation must be bued. Th~s evaltmSon i~ ~ncled to provide or negative, culminn~g in a staff r~nr~ati~ bMed on ~ comprehensive overview. The below listed crheria a~e speci~ca~y noted in Secdoa 2.7.4.4 Of the ~ Development Code thus ~g staff evaluation and comment, and shall be used aa the basis for · recommendation of approval or denial by the Planni~ Commhsion to the Board of CotmW Commissioners. Each of the potential impacts or cons~~ ideated during the staffr~ are ii~ed unde~ each of the c~erion noted below, and are categorized as either pro or cons whichever the caae may be, in the opinion of sta~. Sta~ review of each of the criterion is followed by · summary conch·sion ~g in · determination of compliance, non-compliance, or compliance ~ mkiga~on. a. Constetency with this code and Growlh Management/'lan. A development order approval that is consistent with applicable elements of the GMP and provisions of the LDC, must be considered on the positive side of conditional use evaluative crit~ia. Con: ?,lot applicable in view of its consistency evaluation with the GMP and I..DC ~ Conclusion iT. indings_ ~; The proposed use is authorized in the Immokalee Commercial Center/Industrial designated areas in zoning districts that subsequently provide for the use, either as a permitted or conditio,'~ally permit, ed use. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safer7 and convenience, traffic flow and control, · nd access in case of fire or catastrophe, Pro: Except for the movemtnt of a bus entering and o:iting the site the prope~y will not fuoction any differently than it would if all of the building spaces were occupied by permitted uses. Con: The opportunity for conflict between a bus and passenger automobiles and pedestrians is greater, however, in reality this site will not function as · major bus temgzlal and only one bus at · time will access and leave the site therefore the conflict is very l~m~ed. ~ktnurmry_ Conclusion (FindingS: This site will not measurably function any different than it' all of the sp~.e in the ex~sting building were used for a pennitted use. The bu~ depot part of the operation only entails one bus or at most two buses per day accessing and le~ving the size. SEP 2 3 1997 The effect the conditional use would have on neighboring properties in reJation to noise, glare, economic or odor effects; Pro: There is no adjacent development tha~ can be adversely affected by the operation of this conditional u~e. The nature ofadjacera p~openy is es~ntially heavy commercial and Lndustfial. .~.~n: None Sum_macy Conclusion ffindin~): The Ol:)eraticrn ora bus depot/terminal in the limited capacity applicable to the Immokalee community at this rite will have no adverse impact on adjtcem and neighboring properties relative to noise, glare, economic or odor effects. There is no reaidential development near the subject site. This site will not perceptibly, function nay differently than if all the space in the existing building were used for permitted uses. Compatibility with adjacent properties and other property in the district. Pr__gA. The incremental difference in the use of land does not rise to incompatibility. any level of Con: None Summary_ Con¢]usion (Findings~: The incremental change of adding another comm~c~l activity to the subject site does not measurable change the way the property relates to contiguous properties. ~_EN~,, ,R~.L CO MM!~ N~TAT: Typically a property owner is entitled to make multiple uses of their property so long as all of the uses are authorized by the zoning district within which the property is located and provided all of the uses function in accordance with zoning requirements (i.e. setbacks, landscaping, parking, etc.) The degree to which site activities function smoothly depends upon the application of site planning practices which can eliminate on-site conflicts. The distinguishing difference with this application lies in the fact that once per day or a nmximum of twice a day a bus will enter, remain in a designated space for some period of time, and then leave the site as opposed to other vehicular arid pedestrian traffic that would have u~<l this site for a permitted use. It should be appreciated that the use of a portion or all of the building for the sale of bus tickets and supporting administrative functions is currently < authorized use. This petition is made necessary only for the purpose of allowing a bus to access the site and be r~Joned there for a period of time. The incremental change in the opinion of staff causes no perceptible difference in the way the property would normally function with uses now authorized. STAFF RECOMMENDATION: That the Collier County Planrdng Commission (CCPC) recommend approval of Petition CU-97-9 for the allowing conditional use "12" Local and Suburban Passenger Transportation to the C-5 zoning district as dee, cribexl in the Resolution of Adoption and Exhibits thereto. CHIEF PLANNER KEVIEWED BY: RE, MCP CURRENT PLANNENG MANAGER PLANNI>IG SERVICES DEPARTMENT DI~..ECTOR VINCENT A. C^UTERO, ADMINISTRA COMMUNITY DEV. AND ENVIRONMENTAL SVCS. Petition Number CU-97-9 StaffReport for August 21, 1997 CC'PC meeting. Note: This petition has been advertised for the Sc-.ptcmber 9, 1997 BCC meeting. COLLIER COUNTY PLANNflq~ COMMISSION: MICHAEL A. DAVIS, CHAIRMAN CU-97-9 STAFF REPORT/pd AGEND&I'~x SEP g 3 1997 COLLIER COUNTY APPLICATION FOR CONDITIONAL USE REQUIRED --~ PETITION NO. C U- 9 COORDINATING PLANNER:~O~mQ~ DATE RECEIVED: APPLICANT NAME (AGENT): Timothy W. Ferguson P.A. as Agent for: E1 Expresso Bus Company. PHONE: 774-4411 APPLICANT ADDRESS: 2272 Airport Road South Suite J210 PROPERTY OWNER (PETITION) NAME AND ADDRESS: D and K Rental Dean Blocker and Kenny Blocker Jr. 1303 West New Market Road Immokolee, Florida 34142 PHONE: 657-6131 DETAILED LEGAL DESCRIPTION OF SUBJECT PROPERTY: The corner lot on the North East corner of New Market Road and State Road 29. Commencing at the South East Corner of the North West 1/4 of Section 3, Township 47 South, Range 29 East, Collier, County Florida (a lengthy meets and bounds legal description can be provided if necessary). SECTION: 3 TOWNSHIP:47 South RA/~GE:29 East PROPERTY IDJ: SIZE OF PROPERTY: Approximately 9000 square feet GENERAL LOCATION ARD ADDRESS OF SUBJECT PROPERTY: North East Corner of State Road 29 and New Market Road ZONING OF SUBJECT PROPERTY: C-5 EXISTING LAND USE: Bus Ticketing Office TYPE OF CONDITIONAL USE REQUESTED: Operation of a Bus Terminal 8EP 2 3 1997 P~. (~ ADJACENT ZONING AND LAND USE: ZONING N~ C-5 S~ Industrial El Recreational Wz Industrial LAND USE office Building Gas Station& Packaging plant County Park Vacated Gas Station Is this request consistent with the Land Development Code and GraPh M~nagement Plan? Yes. The requested use is a permitable conditional use in the C-5 zone and is also compatible with surrounding land uses. 2. Ingress and egress to property and proposed structures thereon with particular reference to automotive pedestrian safety and convenience, traffic fl=w and control, and access in case of fire of catastrophe~ The property has direct access from both New Market Street and State Road 29. Thit site is easily accessable by automotive and pedestrian traffic as has been demonstrated by the current use and configuration of the building (see site plan attached). All parking areas will be appropriately striped to prouide for adequate parking for handicapped and standard vehicular use. Furthermore, there is to be a parking space specifically designated for bus parking. The bus itself comes twice a day and has a conductor who dis-mharks from the bus to assist the bus driver with parking and to provide a greater measure of safety for the ingress and egress of the bus. 3. The effect the conditional use would have on neighboring properties in relation to noise, glare, economic and odor effect. None. 4e Compatibility with adjacent properties and other properties in the district. The use will be compatible with adjacent properties since the entire area where the use is located is dominated by ! _^G£~D&I!~ industrial uses. Large trucks are common place in the arOa a~. ~ day and are larger, noisier and more problematic than any~bus SEPt3 1997 use. -'5 -tq DATE I, being duly sworn, depose and say that I am the owner of the property described herein and which is the subject matter of the proposed hearing; that all the answers to the questions in this applic&tion, 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 my knowledge and belief. I hearing can_be advertised. I further permit t (AGENT'S NAME) to act as my representative in any matters regarding this petition. SIGNATURE OF OWNER State of Florida County of Collier The foregoing Agreement Sheet was acknowledge before me this ~ day of , 199 by , who is personally known to me or who has produced as identification and who did (did not) take an oath. (SIGNA?URE OF NOTARY PUBLIC) NOTARY PUBLIC Commission ~ SEP 2 3 1997 UTILITY pROVISIONS FOR CONDITIOHAL USES AND ZONING NAME~ Timothy W. Ferguson P.A. as agent for E1 Expresso Bus Company ADDRESS~ 2272 Airport Road South Suite 210 Napier, Florida 34112 PHONE2 774-4411 3. LEGAL DE$CRIPTION~ North East Corner Lot of State. Road 29 and New Market Road Section 3~ To%~ship 47 South, Range 29 East, Immokollee, Florida. 4. ~PE OF SEWAGE DISPOSAL TO BE PROVIDED (Check applicable system)~ A. COUNTY' SYSTEM (x) B. CITY SYSTF24 C. FRA/{CHISED SYSTEM D. PACF3·GE TREATMENT PLART CAPACITY (GPD) E. SEPTIC SYSTEM 5. TYPE OF WATER SERVICE TO BE PROVIDED (Check applicable system): B. C. D. COU}~TY SYSTEM (x) CITY SYSTEM FRANCHISED SYSTEM PRIVATE SYSTEM 6. TOTAL POPbH~TION TO BE SERVED~ 7. PEAK AND AVEPJ~GE DAILY DEMANDS 1. WATER-PEAK AVERAGE DAILY ~. $~WER-PEA~ AVERAGE DAILY 8. IF PROPOSING ~ CONNECT TO COLLIER COUNTY REGIONAL WATER SYSTEM, DATE SERVICE EXPECTED TO BE REQUIRED~ 9. Provide a brief and concise narrative and schematic~drawin9 - of the sewage treatment process to be used as well as a lpe~ 1997 / /. // ,, statement regarding the method of affluent and sludge disposal. If percolation ponds are to be used, then percolation data of soil involved shall be provided from tests prepared by a professional engineer. All systems are existing and no additional demands will be placed on them 10. A statement, in writing, signed by the owner should be provided agreeing to deed to the County Utilities the water distribution and sewage collection facilities within the project area upon completion of the construction of these facilities in accordance with applicable County ordinances. This statement should also include agreement that applicable system development charges and connection fees will be paid to the County Utilities Division prior to the issuance of building permits by the County Development Division. The statement should also contain agreement to dedicate appropriate Utility Easements for serving the water and sewer systems. N/A APPROVER: COMM_ENTS: FOR OFFICIAL USE ONLY DENIED: UTILITIES ADMINISTRATOR SEP ~ 3 1997 My Commission Expires~ S~GNATURE OF AGENT State of Florida County of Collier The foregoing Agreement sheet was acknowledge before me this ..., who is -- day of , 199 _by. ced personally known to me or--~ho h~s produ _ az identification and who did (did not) take an oath. (SIGNATURE OF NOT~Y PUBLIC) NOT~ PU~.~C~ ~. ,~ C Cozmis~ion ~'.~i~ A"-'~ My commission Expires SEP 2 3 ~997 · ,,,. /5, _ In conjunction with the conditional use application for the purpose of allowing a bus terminal use to be conducted on the lot at the North EaSt Corner of State Road 29 and New Market Road the applicant is requesting a waiver of the requirement to produce a traffic impact statement. In support of this request the applicant states the following= The ingress and egress plan has been presented to the Transportation Department and Transportation Department personnel have made a site inspection. Transportation Department personnel have stated that thew have no objection to the ingress and egress plan as long as the ~ollowing conditions are met~ 1. only be Two (2) buses will stop at the site daily (without further approval); 2. A striped spzce be provided specifically for bus parking; 3. A conductor will disembark from the bus and assist every bus in its ingress and egress to and from the site. In conjunction with the conditional use application for the purpose of all=wing a bus terminal use to be conducted on the lot at the North East Corner of State Road 29 and New Market Road the applicant is requesting a waiver of the requirement to produce a Historical/Archaeological survey and assessment. In support of this request the applicant states the following: To the best of the applicant's knowledge the building has been in existence since 1977 and there are no areas on site that could remotely be considered of historical or Archaeological importance. Conditional Use Application # ~--6~- W.\Fergus~n, Attorney at Law As Agent for the Applicant. 1, . -. I I t .; ! 1 i SEP ~ RESOLUTION 97-~ A RESOLUTION PROVIDING FOR THE ESTABLISHMENT OF A BUS TERMIN~L, CONDITIONJ%L USE '12" IN THE C-5 ZONING DISTRICT pURSUANT T% SECTION 2.2.15 h.3. OF THE COLLIER COU]iTY LAND DEVELOPMENT CODE FOR pROPERTY LOCATED IN SECTION 3, TOWNSHIP 47 SOUTH, RANGE 29 FAST, COLLIER COUNTY, ~LORIDA. WHEREAS, the Legislature of the State of [lorida in Chapter 67-1246, Laws of Florida, and Chap%er 125, Florida Statutes, has conferred on Collier County the power to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public; and WHEREAS, the County pursuant thereto has adopted a Land Deve!cpment Code (Ordinance No. 91-102) which includes a Comprehensive Zoning Ordinance establishing regulations for the zoning of particular geographic ~ivisions of the County, among which i! %he granting of Conditional Use~; and WHEREAS, the Collier Coun%y Planning Com:~ission, being the duly appointed and constituted plannlng board for the area hereby affected, has held a public hearing after no%ice as in said regulations made and provided, and has considered the advisability of Conditional Use "12" of Section 2.2.15 ~.3. in a C-5 zone for a bus terminal on the property hereinafter described, and has found as a matter of fact (Exhibit "A"I that satisfactory provision and arrangement have been made concerning all applicable matters required by said regulations and in accorCance with Subsection 2.7.4.4 of the Land Development Code for the Collier County Planning Con~niosion; and WHER£AS, all interested parties have been given opportunity to be heard by this Board in a public meeting assembled and the ~oard having considered all matters presented. NOW, THEREFORE BE IT RESOLVED, BY THE BOARD OF ZONING APPEALS of Collier County, Florida that: The petition filed by Timothy W. Ferguson, P.A.,rI~ Expresso Bus Company with respect to the property her~inaf~r~'~>~ described as: J S[P 2 3 %997 Exhibit "B" which is attached hereto and incorporated by reference herein be and the same is hereby approved for Conditional Use '12" of Section 2.2.15 ~.3. of the C-5 zoning district for bus terminal in accordance with the Conceptual Master Plan (Exhibit 'C') and subject to the following conditions: a. The Planning & Technical Services Manager may approve minor changes in the location, siting, or height of buildings, structures, and improvements authorized by the conditional use. Expansion of the uses identified and approved within this conditional use application, or major changes to the site plan submitted as part of this application, shall require the submittal of a new conditional use application, and shall comply with all applicable County ordinances in effect at the time of submittal, including Division 3.3, Site Oevelopment Plan Review and approval, of the Collier County Land Development Code (Ordinance No. 91-102). b. This approval provides for a passenger bus service operation not to exceed two buses per day and no more than one bus shall be engaged in disembarking or loading at any one time. c. The stationing of a bus is'limited to the location identified on the conditional use master plan, which shall be confirmed on a required Site Development Plan to be submitted pursuant to Division 3.3 of the Land Development Code, within thirty (30) days of the Board of Zoning Appeals approval. d. In all other respects the site shall function in accordance with applicable provision of the Land Development Code, which provisions shall be reflected on the required Site Development Plan. BE IT ~CRTHER RESOLVED that this Resolution be recorded in the mlnutes of this Board. This Resolution adopted after motion, second and majority vote. Done this day cf , 1997. BOARD OF ZONING APPEALS COLLIER COUNTY, ~LORIDA ATTEST: DWIGHT E. BROCK, CLERK APPROVED AS TO FOP~M AND LEGAL SUFFICIENCY: ASSISTANT COUNTY ATTORNEY BY: TIMOTHY L. HANCOCK, -2- FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-97-9 The following facts are found: Section 2.2.15 M.3,12 of the Land Development Code authorized the conditional use. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with the Land Development Code and Growth Management Plan: ,// Yes ~ No B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress~ egress Yes [-/--No C. Affects neighboring properties in relation to noise, glare, ~con/c~nic or odor effects: ~-/ No affect or Affect mitigated by __ Affect cannot be mitigated Compatibility with adjacent properties and other property in the district: Compatible use within ~istrict Yes ~ No Based on the above findings, this conditionaI use should, with stipulations, (copy attached) ~ be recommend~-~or approval f/CU-97-9 FIN'DING OF FACT C}{AIR14A~/ Exhibit "A" OEP 2 3 1997 FINDING OF FACT BY COLLIER COUNTY PLANNING COM24ISSION FOR A CONDITIONAL USE PETITION FOR CU-97-9 The following facts are found: 1. Section 2.2.15 .~.3.12 of the Land Development Code authorized the conditional use. 2. Granting the conditional use will not adversely affect the pu_blic interest and will not adversely affect other property or uses in the same district or neighborhood because of: A.Consistency with the ~Land Development Code and Growth :4anagement ~n: Yes No B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & e~ress Yes ~ No C. Affects neighboring properties in relation to noise, glare, ec~nomic or odor effects: ~' No affect 'or __ Affect mitigated by Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use ~/-(hin district Yes Based on the above findings, this conditlonz~se should, with stipj~,~/~n~~attached) .~).. be-/recormnended for f/FINDING OF FACT M~BER/CU-97-9 Exhibit "A" SEP 2 3 l'~S7 FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOK A CONDITIONAL USE PETITION FOR CU-97-9 The following facts are found: 1. Section 2.2.15 ~.3.12 of the Land Development Code authorized the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A.Consistency with the Land Development code and Growth :~anage~i~--~,~n: B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: ing~g~3~gr~e~s Ade~ate ~ ~.~o ______ C. Affects neig~oring properties in relation to noise, g~-re econo, odor effects: ~ ~, f~ A~fec~ mitigated bY ~ ~o a r ~ c~nno% be mitigated D. Compatibility with adjacent properties and other property in the district: Compatib~ithin district Ces~~ No ~ this conditional use~ with (should not) be reco~ended for Based on the above findings, stipul~ations],~%?p~ attached) approval DATE:~~-~ fire.DING OF tACT M~B~R/CU-97-9 Exhibit SEP 2 3 1997 FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-97-9 The following facts are found: 1. Section 2.2.15 ~.3.12 of the Land Development Code authorized the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property ~r uses in the same district or neighborhood because of: A.Consistency with the Land Development Code and Growth Managemen% Yes ~ No B. Ingress and egress to property and proposed st~actures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & eg~ress Yes C. Affects neighboring properties in relation to noise, glare, econ(Jmic or odor effects: L/ No affect'or Affect mitigated by Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible us~ w/i~hin district Yes &-/No Based on the above findings, this conditional use should, with ~j~i~~ns, (copy attached) (should not)~/~c,~mmend~d for f/FIb-DING OF FACT MF. MBER/CU-97-9 Exhibit "A" SEP ~ 3 ~s~7 P~. ~ FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-97-9 The following facts are found: i. Section 2.2.15 ~.3.12 of the Land Development Code authorized the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A.Consistency with the Land Development Code and Growth Management Pl~i Yes __f_/ No B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & e~ess Yes v No C. A££ec~ neighboring properties in relation to noise, glare, economic or odor effects: / No affect'or ~ Affect mitigated by .... Affect cannot be mitigated D. C°mlo~atibility with adjacent properzies and other property in the distric~. Compatible use ~z~hin district Yes ~/ No this conditional use shoul~ with (shoulag~-~e recommen6e~ for Based on the above findings, stipulations, (copy attached) approval DATE: ~"~ .~/ ~ f/~'IN~:NG OF FACT Exhibit "A" SEP 2 3 ]997 FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-97-9 The following facts are found: Section 2.2.15 ~.3.12 of the Land Development Code authorized the conditional use. Granting Che conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: Consistency with th~/Land Development Code and Growth ManagementYes ~n:No B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and cont~ol, and access in case of fire or catastrophe: / Adequate ingress &wgress Yes No C. Affe~s neighboring properties in relation to noise, glare, ~onomic or odor effects: --No affect'or Affect mitigated by ~ Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the distr~ct: Compatible us%/ithin district Yes V No Based on the above findings, this conditional use should, with stipulations, (copy attached) approval f/FIN'DING OF FACT KE~B~/CU-~7-9 Exhibit "A" FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-97-9 The following facts are found: 1. Section 2.2.15 ~.3.12 of the Land Development Code authorized the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with the Land Development Code and Growth Management Plan: Yes ~ No ~ B. Ingress and egress to prcperty and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress % egress Yes %_~____No ______ C. Affects neighboring properties in relation to noise, glare, economic or odor effects: '~ No affect'ct Affect mitigated by ______- - - Affect canno------~ be mitigated D. Compatibility with adjacent properties and other property in the d~strict: Compatible use within district Yes~ No ______ this conditional use should, with {should not) be recommended for Based on the above findings, stipulations, (copy attached) approval f/FINDiNG OF FACT Exhibit "A" SEP [ 3 1997 F_,XI~CUTI'~MARY PETil'iOH CU~97-15, SEVENTH DA"/' AD¥£tITi~'r CHURCH, REQUESTING CONIDIT1GF~J- USE '*? OF THE "RSF-I" ZONINQ DISTRICT FOR A CHURCH AND RELATED USES FOR PROPERTY LOCA'i'F~ AT ~17 C,'~J~F. AN ROAD, FURTHER DESCRIBED A~ L.Cr[ 2, 6LOCK A, PIHE f~E'~13E, IN SECTtON t0, TOWNSHIP 49 SOLrl'H, RANG£ 2.5 E,~¢I', CON~:ISTING OF 1.35-1.1- AC,~.F.~. The petitk;~er requests approval cf a c.~nditicr~al use of the Residential Single Family (RSF-1) district for expansion of parking for an existi,~g church and for use as an office a,'~d f¢i~:,wship home. of an existing single family house. (;ONSlDERATIONS; The subject site ts adjacent to the existing Seventh, Day Adventist Church on the comer of Pins Ridge Road and Caribbean Road. The petitioner is proposing expansion of the existir~g facilities to include parking on the subject lot and use of the existing single family house as offices and a fellowship home. The Land Development Code requires a Type B landscape buffer along the north property line, and a Type D 20 foot buffer along Caribbean Road. ^il conditional use e~ions require findings on the part of ~ Collier County Ptanning Commission (CCI=C) based on the provisions of Section 2.7.4. The Collier County Planning Commission reviewed this petition on September 4, 1997 and by a unanimous vote, recommended denial, finding that the proposed use would negatively effect neighboring properties and that the use is not compatible wtth adjacent property and other properties in the C~isthct.. A summary of the major Pro/Cons from the Conditional Use Finding Report is as follows: PRO This petition is consistent with the Future Land Use Element of the GMP. Commercal uses are adjacent to the subject site on the west and south sides. The north and east sides sm bordered by residential uses, however staff p~poses 'd~e use of tile existing church entrance c, niy, thereby not causing traffic to ddve fad. her dow~ the street than the existing conditions F~rmii. The proposed church fronts on Pine Ridge Road. The expanded church parking and office uses will, in all probability, cause many of the existing slash pir~s to be removed. This is perceN, ed by many adjacent property owners as being incompatible with the character of the existing neighborhood. Inlen$~cation of residential properS/ is o~en perceived negattvety by surrounding nei~hbom. A Ty~ B L-~ndscape buffer is rz-quired along the r, odh p,"orc, ert'/line. A 20 foot Type D buffer is required along C3dbbean Road. ~l SC_AL__L_~. t.~ACT: If this petition is approved, the church may apply for an exemption from ad valorem ~ROWTH MANAGEMENT IMPACT: The subject site is located in an Activity Center within the Urban designated area on the Future Land Use Map of the Growth Management Plan. The existing zoning is Residential Single Family (RSF-1). Therefore it is staff's opinion that the proposed conditional use is consistent with the Growth Management Plan. The petition will be reviewed for consistency with the Land Development Code at the time of Site Development Plan review. HISTORIC/ARCHAEOLOGICAl, IMPACT: Staff's analysis indicate~ that the petitioner's property is not located within an Area of Historical and Archaeological Probability as referenced on the official Collier County Probability Map. Therefore, no survey or Waiver of Histodc and Archaeological Survey & Assessment is required. PI~NN Nc~ COMM1SS..LON RF,~C_gMM~ The Coliier County Planning Commission heard this petition al its meeting of September 4, 1997 and recommended that that the Board of Zoning Appeals deny petition CU-97- 15. 2 SEP 2 3 1997 PREPARED BY: ~HL. PLA~NER II CU~:~,ENT PLANNING SECTIOH DATE REVIEWED BY: ~-(~'~',~-.F[T-'J.. MU~HERF-., AtCP, MANA,=ER CUe(RENT PLAHNING SECTION DATE DONALD W. AP~NOLD, AICP, DIRECTOR DATE VINCENT A. CAUTERO, AICP, ADMINISTRATOR DATE COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION executive summary/CU-97-15 SEP 2 3 1997 I~., ~ MEMORANDUM TO: FROM: COLLIER COUNTY PLANNING COMMISSION COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DATE: JULY 10, 1997 RE: PETITION CU-97-15 (SEVENTH DAY ADVENTIST CHURCH) ooooOOOOOOO00OOOOOOOOOOOOOOOOOO0000OO OW_N. ER]AGENT: OWNER: Leon & Kathy Jo Mead 630 West Avenue Naples, FL 34108 AGENT: Seventh Day Adventist Church 1055 Pine Ridge Road Naples, FL 34108 RE UESTED ACTION: The applicant requests approval of a conditional use for expansion of church parking and accessory church uses. GEOGRAPHIC LOCATION: The subiect 2.27 acre property is located in the northwest corner of the intersection of Pine Ridge Road and Caribbean Road, ~egatly described as Lot 2, Block A, Pine Ridge. SEP 2 3 ~997 PURPOSE/DESCRIPTION OF PROJECT: The applicant is requesting a conditional use for expansion of a parking lot of an existing church onto adjacent property, and to use an existing building on the subject property for accessory church uses including offices and a fellowship home. SURROUNDING LAND USE AND ZONING& Single family house; zoned RSF-1 North - East South - West Existing: Surrounding: Single family house; zoned RSF-1 Caribbean Road ROW, across which is property zoned RSF-1 Existing Seventh Day Adventist Church south of which is Pine Ridge Road ROW South Lake water management area, across which is property zoned C-4 SEP g 3 1997 pg. ~ HiSTORIC/ARCHAEOLOGICAL IMPACT: Staffs analysis indicates that the petitioner's prcperty is not located within an area of historical and archaeo~o9ical probability as referenced on the official Collier County Probability Map. Therefore, a Historic and Archaeological Survey & Assessment is not required. TRANSPORT..A_TION INFRASTRUCTURE .AND ENVIRONMENTAL If~P_._ACT_:_ The ITE Trip Generation Manual indicates thCt the proposed fellowship home church use will generate 15 to 20 trips on a weekday. Based on this datum, the site generated traffic will not exceed the significar;ce test standard (5 percent of the LOS 'C" design volume) on Caribbean Road. Fudhermore, this petition will not lower the level of service below any adopted LOS "D" standard within the project's radius of development influence (RDI). Therefore, the project is consistent with Policies 5.1 and 5.2 of the Traffic Circulation element (TCE). The TCE lists Caribbean Road as a 2 lane local road intersecting with Ridge Drive. The current traffic count for this segment is 5, 518 AADT and is operating at LOS "A". It should be noted that no road segment within lhe RDI is scheduled to be improved within the next five years. Therefore, this petition compiles with Policies 1.3 and 1.4 of the TCE. The petition has been reviewed by Current Planning environmental staff. STA. FF ANAL~YSIS_'. a. Consistency with this Code and the Growth Management Plan. STAFF FINDINGS: The subject site is located in an Activity Center within the Urban designated area on the Future Land Use Map of the Growth Management Plan. The existing zoning is Residential Single Family (RSF-1). Therefore it is staffs opinion that the proposed conditional use is consistent with the Growth Management Plan. The petition will be reviewed for consistency with the Land Development Code at the time of Site Development Plan review. b. Ingress and egress to the property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire and catastrophe. PprRoE~:osed access to the site would be from driveways off proposed church parking expansion will not lower the LOS below ~y ad~,~~~ LOS D standard within the project's radius of development influence. I SEPg3 ~997 CON: Staff recommends that, to facilitate on-site traffic movement and to reduce traffic impacts to Caribbean Road, the driveways on the subject site be eliminated and the site be accessed only from the existing church parking lot. Also, the conceptual site plan is subject to revisions in order to make it consistent with the Land Developrnent Code. STAFF FINDINGS: The trips generated by the proposed church parking expansion will not exceed 5 percent of the LOS "C" design capacity on Caribbean Road and witl not lower the LOS below the adopted standards. It is staff's opinion that the proposed church parkino expansion will not adversely affect vehicu!ar traffic or pedestrian traffic flow. V'~ to I~ ~ou~ from ¢ pco~rty ltr~ of su~ si~e SEP 2 3 1997 c. The effect the conditional use would have on neighboring properties in relation to noise, glare, economic or odor effects. PRO: The single family house existing on site shall remain. A type B landscapa buffer shall be installed adjacent to the residential property !o the north. View of existing h,,')u--,e frof~ Oar~bb43an Road. CON: The proposed expansion of the parking area will increase the impervious area beyond what would normally be found at a single family residence. STAFF FINDINGS: it is staff's opinion that the proposed use as expanded church parking shall be adequately buffered from adjacent residential property. d. Compatibility with adjacent properties and other property in the district. PRO: The proposed church parking expansion will be required to comply with landscape requirements of the LDC. The site falls within an Activi~ Center, and therefore the required landscape buffer along the road rights-of-way is twenty feet in width. View to the no~'h from Pine Ridge Road 0ndudir)g existing AGE M No. ~ SEP 2 3 1997 ./ CON: The use as a church parking lot is more intense than the use as a single family house. STAFF FINDINGS: It is staff's opinion that the proposed church parking expansion, with the landscape requirements as required in the Land Development Code, is corr,,patible with the neighborhood. STAFF RE_COMMENDATION: Staff recommends that the Collier County Planning Commission forward Petition CU-97- 15 1o the Board of Zcning Appeals w=,th a recommendation of approval subject to the stipulations in the Resolution. PREPARED BY: CU~NT P~NN'NG ~,/~. 9',2 DATE REVIEWED [~Y: ~GER CURRENT PLANNING DONALD W. ARNOLD, AICP, DIRECTOR ,RVICES VI'NCENT A. CAUTERO, AlCP, ADMINISTRATOR DATE COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES tiP- /&-Y/3---- _ DATE DATE PETITION CU-97-15 Staff Report for the September 4, 1997 CCPC meeting. This petition has been tentatively scheduled for the September 23, 1997 BCC meeting. COLLIER COUNTY PLANN~"G"~OMMISSION: MICHAEL A. DAVIS, CHAIRMAN SEPg31997 APPLICATION :.'OR CONDITIONAL USE REQUESTS PETITION NO. PROPERTY O~ER (PETITIONER) N~J.IE ~D ADDRESS*: DETAILED LEGAL DESCRIPTION OF SUBJECT PROPERTY: PROPERTY I.D. .f: SiZE OF PROPERTY: FT. X FT. GENEP&L LOC.'-,TION APeD ADDRESS OF SUBJECT-¥ROPERTY: ACRES: ADJACENT ZONING A2~O t~.ND USE: ZONING I~OT E: 2 o staff recommendation to the Planning Com~ission and the Planning Com~ission recom~endation to the Board of Zoning Appeals shall be based upon the following criteria- Please respond to the following criteria: Is this request consistent with the Land Development code and Growth Management Plan?__ ingress and egress to property and proposed structures thereon ~ith particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: The effect the conditional use would have on neighboring prcpernies in relation to noise, glare, eccnomic and odor effect. Cor, patibility with adjacent properties and other properties district. -2- 1 2 6 ~6 RESOLUTION 97-~ A RESOLUTION pROVIDING FOR THE EXPANSION OF A CHURCH AND RELATED USES, cONDITIONAL USE "2" IN THE RSF-1 ZONING DISTRICT, PURSUANT TO sECTION 2.2.4.3 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE FOR PROPERTY LOCATED IN SECTION 10, TOWNSHIP 49 SOUTH, pANGE 25 ~AST, COLLIER COUNTY, ~LC. RIDA- WHEREAS, the Legislature of the State of Florida in Chapter 67-1246, Laws of Florida, and Chapter 125, Florida StatuteS, has conferred on Collier County the power to establish, coordinate and enforce zoning and such Dusines~ regulations as are necessary for the %9 pro%action of the public; and 20 WHEREAS, the County pursuant thereto has adopted a Land 21 ~evelopment Code (Ordinance ~;o. 91-102) which includes a 12 Comprehensive Zoning Crdinance establishing regulatlon~ for the 23 zoning of particular geographic divisions of the County, among which 24 is the granting of Conditienal Uses; and ~ WHEREAS, %he Collier Coun%y planning Ccmmission, being the duly 26 appointed and constituted planning board for the area hereby 27 affected, has held a public hearing after notice as in said 28 regulations made and provided, and has considered the advisability of 29 Conditional Use "2" of Section 2.2.4.3 in an RSF-1 zone for expansion 30 of a church and related uses on the property hereinafter described, 3! and has found as a matter of fact [Exhibit "A") that satisfactory 32 provision and arrangement have been made concerning all applicable matters required by said regulations and in accordance with 3~ Subsection 2.7.4.4 of the Land Develop"ment Code for ~he Collier 35 Coun:y Planning Commission; and ~ WHERF~AS, all interested parties have been given opj~ortun%ty ~o 37 be heard by this Board in a public meeting assembled and the Board 3R having considered all matters presented. 39 NOW, THEREFORE B~ IT RESOLVED, BY THE BO;kRD OF ZONING A~PF~ of ~ collier County, Florida that: I ' AG ' SF..P The petition filed by Seventh Day Adventist Church with respect to the property hereinafter described as: 4 Lot 2, Block A, Pine Ridge Subdivision, as recorded in Plat Book 3, Page 24, of the Public Records of Collier County, 6 Florida. 7 be and the same is hereby approved for Conditional Use "2' of Section $ 2.2.4.3 of the RSF-1 zoning district for expansion of a church and 9 related uses in accordance with the Conceptual Master Plan (Exhibit "5") and subject to the following conditions: II I] The site plan (Exhibit "B") is conceptual ir, nature, I) and minor changes may be made a~inistratively in 14 order to meet the requirements of the Land Development 15 Code. 16 17 2) The external driveways on the sub)ect lot shall be 1~ eliminated. 20 3) The exlsting church parking lot shall be modified to 21 accor~odate traffic flow between the lots. 22 2] 4) Exotic veqetatlcn, as defined by the Collier County l~ Land Development Code, shall be removed from the s~te 2S and subsequent annual exotic r~mOval (in perpetuity) :~ shall be the responsibility of the property o~ner. 27 :~ 5) The existing residence, prior to any non-residential 29 use, shall receive a Certificate of Occupancy from ]0 Collier County. 3~ 6) A Type "B" landscape buffer shall be installed along )3 the north property line prior to use of the site. BE IT FU]tTHE~ RESOLVED that this Resolution be recorded in the minutes of this Board. 36 This Resolution adopted after motion, second and majority vote. 1997. 37 Done this day of BOAAD OF ZONING ApPF. ALS COLLIER COUNTY, FLORIDA 41 4-4 ATTEST: DWIGHT E. BROCK, CLERK BY: TIMOTHY L. HANCOCK, CHAIR}iAN APPRO%qED AS TO FORM A~D LEG;G, SUFFICIENCY: ASSISTJ%NT COUNTY ATTOP~Y -2- SEP . P~o ~ FINDING OF FACT BY COLLIER COUNTY PLANNING COM/{ISSION FOR A CONDITIONAL USE PETITION FOR CU-97-15 The following facts are found: i. Section 2.2.4.3.2 of the Land Development Code authorized the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with the Land Development code and Growth Management Plan: Yes No B. ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrisn safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress~~ egress Yes 14o C. Affects neighboring properties in relation to noise, glare, ecpnomic or odor effects: ~/ No affect or Affect mitigated by Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within/district Yes ~'No Based on the above findings, this conditional use should, with stipulations, (copy attached) (should not) be recommen~ f~r approval F/CU-97-15 FINDING OF FACT CPLkIKMAN/ EXHIBIT "A" SEP g 3 1997 EXECU'£IVE S~RY REQUEST TO APPROVE FOR RECORDING THE FINAL PLAT OF MAPLEWOOD UNIT THREE To approve for recording the final plat o[ Maplewood Unit Three. The Board of County Commissioners on Nove~R>er 7, 1995 approved the final plat of Mapiewood Unit Three with the stipulation that the plat not be recorded until security was provided to e~ure completion of the re~ired subdivision i~rovew~nts. FISCAL IMPACT: The fiscal impact to the County is none. project cost is $183,327.05, to be borne by the developer. The security a~nount, equal to 10% of the total cost of drainage, paving and grading for the project, is $6,957.75. A separate cash bond was provided as security for the water and sewer facilities. The developer has provided a Letter of Credit as the required security. The County will realize revenues as follows: Fund: 113 Agency: County Manager Cost Center: 138900 Development Set, ices Revenue generated by this project: Total: $4,255.81 Fees are based on a construction estimate of $183,327.05 and were paid in September 1994, and July 1995, and are reflected in the Executive Summary of November 7, 1995. lSEPg31997 CObLIER- CouNTY LAND DE'~'T'LO?''''IE*T CODE cONSTRUC'UON AND MA.i'NTALN'E'NANCE AGREEbI.Y-N'%' FOR SUBD~qSION ,R SU'BDL'''ISIO'~ . · ~-"C~ AGF,.EE.,.._r'fN-T I:O .l.2c. as:. I~..ECITALS · , -:,~. ~e ~!?ttr7 of t.'~b; A~eemc=t, ~pl~6 for l.he L=,.,,.-v..'~e~.rs,7 .'7- : I.,~..~I_~,.XDOD b=CiT 5 rCq. u~ ~c Oc¥clop~ to rc~ulrcd by B.. Division 3~ cf ~ CoHi~ Co'~~ D'~d°Fmea~ C~c ~ su~ivi~ioa h=r~r,~,~ s¢~ fo~h, Oo'c~opcr ~a thc Boa~ do h~:~by covenant ~,d agrc~ ~ fo~lo'~'s: has caus~ aLL ~v~g ~d ; ~ br ~~ co~,s u~c ~~ ~e~qe I'4o.1 ........ '"E'i CIE,,,, ~ ...... ~--' rcf. rrc~ to ~ th~ rcc,'~rcd Lm~rov:mC~ h~c~Cr ExhibX "~" ~d by rcfc~CC ~ ~ pm kc ~U Uc~~ W complete c ~.bich ~mo~t reFreSen~ 10% of ~c Io~l ~n~ ~provcmenls a~ ~e d~t~ O[ 100% of ~c c~tc co~ of to complc'~ thc r~qUirC8 t~is A~L ~ ~ cyst of dc~Uk by ~c Developer or ~[ure of thc Developer to complete ~rovcmmm ~i~ ~c dmc r~U~C8 by ~c ~8 Ocvelopm~t code. ~'~ ~y ~ u~n ~C Su~vision ~°~Ce tec~fity ~ ~rc satisfamo~ comple~n of~e r~a~ ~pmv~cn~. 4. ~e reqUlrtd ~p~vcmen~ ~t not be c~idercd complc~ un~ a s~tcm~t o[ sub~~ compl~oa b7 DcvclO~'S ~n~r ~o:~ ~ ~e fir~ p~cCt r~nr~ h~ve ~cn ~ish~ tO be rcvi~ ~d ~pprov~ by ~e Development S~ic~ Dir~or for ~mpU~Ce .i~ ~e Co~icz C°ur'W ~ ~velopment ' ~ng of ~vclopm~t Sc~ic~ 5. ~.e of subsmn6d ¢om~Imlon, ei~e~ ~) no~ ~e Dc~elo~ m in ~'ri~g ~1~ ~p~ov~ or ~e imp~vemcn~; ~ b) n~i~ ~c ~veloper his x~ ~ *F~r°we ~P~ ~ s~i~ing ~o~ c~dido~ which ~c Develop~ mu~ ~mi~ N order to oho ~e D~cclor'S. ~ppto~d of thc SEP 2 3 1997 cobLTE~ CouHT¥ LA'ND DE~q:.DOP~T CODE M~TA~CE AG~Eh~ ~O~ S~BD~S~O~ cO~ST~UC~ON A~D b~oVEMENTS A , , ,~v¢,~~t~es , -~ ~D ~ANC~ 19~~ " ~9S cONS~.U~O' 8~? of ~~~s~o~e~ o~ CoIR~ ~ ~? .... ~S e~~e5 ir,~ ~b ~ t~, ~[~'.'-~i-~d to ~ g~cloper ~ thc B~ o( Co,m7 ~ hcrein~r ~c~-,,- ~ ~,e ~0~' ~c1TALS ~pli~d for ~ Dcvcle~ ~'~ s~ul~usl7 ~u% ~ dclW~ of t~i~ A. d of s ce~ pl~ cf a su~ivb~O~ ~ ~ ~o~n ~: to np~ov~ by ~ke Division 3.2 of ~¢ Co~li~ Co~/ ~8 D~vdo~meat Co~c ~q~ ~e Oevelo~ B, ~s for ~e ~n~cfi~a o~ ~e ~mP~vcmcn~ requked ~Y ~ su~iv~s~o~ ~OW, ~0~, ~n ccns~d~dOn of tk, e ber~:,,a,,- has ca~S~ all ~,~c ~d ~a~ge ~rova~ts ~ ~-~ ~cf~ to ss ~e r~'~ed ~"'r'°~c E~h~bh"A" ~6%y rcfc~CC ~ ) P~' ....... -- 100% of~C c~tC co~ of to comph~ the tcqu[rcd ~p~o~cme~:s ~t uh¢ d:tc th~s AB ~provem~ wi~W ~e 6mc r~ukcd by ~c ~d Ocvelopm~t code. ~p~vcme~u ~l aOt ~e c~idercd p~}CCt 4. ~e rcqukC~ Dcvelo~'S ~o~r ~o~ ~i'~ ~e fi~ s~b~~ compl~o~ by apprOv~ by ~c OcvclopmCr, t S~iC~ ~ve ~c~ ~{sh~ to be ~cvi~ ~d Ocvclopmcnt C~e. Dk~Or for ~mpU~CC ~i~ ~c Co~[c~ Coun~ ~d S. ~.c ~velopm~ Se~C~ O~r~[ ~} ~o~ ~c Develop~ ~ ~n& of of su~S~nUal c°mDl~°n' ci~e~ b) no6~ ~c Developer in ~'r~i p~l~ ~p~OV~ ~p~, ~cT~ S~ci~ng ~o~ condRio~ which ~ of ~he h~s ~ m ~pp~OVe order ~o oB~ ~e Okcc~or'S ~pp~Ov ~c Dcvcl°7~ mu~ ~m~ ~ im?~V~ Ho~ev~, in no cyst ~t ~e 8cvclopmcnt S~iccs Di~( ~:,: SEP 2 3 1997 S~pP.~°'I AT'TEST: DV,qGH'Y £. B~OCY--, CLERlZ' Ap~;o.¢cl zs to form BOAPS) OF CObg',Fl'Y COh£MqsSIO~x~EI:(S OF COLLI~R- COLD,WY, FLOKID^ LDC~:I2 ,o./.J~,~ SEP 2 S 1997 Su~. 'No.t SIGI~ El'), S£AL-~D AND DELIVF-B-~D TN 9'F~:e~ or Tyl~d l~me A'I"I"E S T: D'.,VIG,"T~' E. BIt. OC."'L. CL£~,K- County Ar~°rnCy I?.1¢ BOARD OF COUNTY COb,&{lSSIONqE?3 OF COLLIER COtrbq'Y, FLOPdDA By:: -- LDC.~ 12 SEP ~, ~ 1997 This letter of credit sets forth in full the terms of the Issuer's undertaking and such undertaking shall not in any way be . ' ded or amplified by reference to any documents, modified, amen , -~ -~=nced ~o herein or in which th~s r a reemenL ~=~=~ ~ ' ' instrument, o . g .... = .... such reference shall not De e~it relates, dnu ~,~ letter of cr ..... = .... ~= ~ v document, instrument deemed to incorporate herein Dy ~u~===~.~ ~n= or agreement- Issuer hereby engages wi~h Beneficiary that draft(s) drawn under and in compliance with the terms of this credit will be duly honored by Issuer if presented within the validity of this credit. This credit is subject to the unifo-~m Cust°ms and Practice for Documentary Credits (1994 Revision} International chamber of Commerce Publication No. 500. FIRST NATIONAL B~K OF NAPLES SEP 2 3 1997 A'FI'EST: D~,qOH-[' £. BROCK. CLE~..K C o,.m ~' Ar,~mcy Pr~s ident BOA?J) OF COU2qTY CO'NbN~sSIOAq~g3 OF COLLAR COU%~FY' f~oRiDA LDC.~I~' S'-'~ No.I. SEP 2 3 1997 This letter of credit sets forth in full the terms of the Issuer's undertaking and such undertaking shall not in any way be modified, amended, or amplified by reference to any documents, instrument, or agreement referenced to herein or in which this letter of credit relates, arid any such reference shall not be deemed to incorporate herein by reference any document, instr~ment or agreement. Issuer hereby engages with Beneficiary that draft(s) drawn under and in compliance with the te~ns of this credit will be duly honored by Issuer if presented within the validity of this credit. This credit is subject to the uniform Customs and Practice for Documentary Credits (1994 Revision) International Chamber of Commerce Publication No. 500. FIRST NATIONAL BANK OF NAPLES SEP 2 3 1997 This letter of credit sets forth in full the terms of the Issuer's undertaking and such undertaking shall not in any way be modified, amended, or a,mplif~ied by, rteofe~ee~eC~nno°ra~'~ wd~gc~me~%~ · ~nt, or agreement reterenceo . _ .... ~ ~ t~,~r of credit relates, dnu =~ o ..... e C ~ : ...... ent ~e~% ~_ ~' .... -~,~,~=~ h~_rein by reference any Goc~e~L, llibul~,l or agreement, Issuer hereby engages with Beneficia~ that draft(s) dra~ under and in compliance with the te~s of this credit will be duly honored by Issuer if presented within the validity of this credit. This credit is subject to the unifo~ Customs and Practice for Docu~nentary Credits (1994 Revision) international Cha~er of co~erce Publication No. 500. FIRST NATIONAL B~K OF NAPLES ~avid H.- Schaeff-~) Senior vice Pres~z~nt EXECUTIV~ S. Um~AR¥ REQUI[~T TO Al;PROVE FOR RECORDING THE FINAL PLAT OF -I4TINTINGTOt{ LAKES Lr~II T TtA~EE" To approve for recording the final plat of "Huntington Lakes Unit Three", a subdivision of lands located in Section 20, Township 48 South, Ran,~e 26 East, Collier County, Florida. ~_0_~S i D E P~T I ON: Engineering Rev~ ew Section has completed ~he review of the ccr~str~cti©n drawings, specifications, and f~nai plat of "Huntington Lakes Unit Three". These documents are in compliance with the County Land Development Code and Florida State Statute No. 177. All fees have been paid. It is the intent of the developer to record the plat prior to construction of the improvements. The security in the amount cf 110% of the total cost of the required improvements is being covered by construction and maintenance agreement and a Performance Bond. This would be in conformance with the County Land Development Code - Division 3.2.9. Engineering Review Section recommends that the final plat of "Huntington Lakes Unit Three" be approved for recording. FISCAL IMPACT: The fiscal impact to the County is none. The project cost is $99,518.70 (estimated) to be borne by the developer. The cost breakdown is as follows: a) water & Sewer $45,930.00 b) Drainage, Paving, Grading - $53,588.70 The Security amount, equal to 110% of the project cost, is $109,470.57 The County will realize revenues as follows: Fund: 113 Agency: County Manager Cost Center: 138900 Development Services Revenue generated by this project: Total: $2,331.60 Fees are based on a construction e~l $99,518.70 and were paid in April, 199]. N~./_2~__ ' ISEP g 3 1997 CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS Ti-ilS CONSTRUCT:ON AND MAINTENANCE AGREEMENT FOR SUBDIVISION iMPROVEMENTS entered into lhis ~ day of ~ 1997 between LEVITT AT HUNTINGTON LAKES, INC., a Florida corporation hereafter referred to as -Developer', and the Board of Count'/Commissioners of Col~ier County, Florida, hereinafler referred to as the 'Board.' A. Developcr has, simultaneously with the delivery of this Agreement, app',ied for the appravat by the hoard of a certain plat of a subdivision known as Huntington Lakes Unit Three. B. Division 32 of the Collier County Land Development Code requires the Developer to post appropriate guarantees for the construction of the improvements required by said subdivision regutations, said guarantees to be ir-,corporated in a bonded agreement for the construction of the required improvements. NOW. THEREFORE. in consideration of the foregoing premises and mutuai covenants hereinafter set forth, Developer and the Board to hereby covenant and agree as follows: 1. Developer will cause to be constructed: Paving roads, sanitary collection system, potable water drainage system excluding lake, earth work within 12 months from the date of approval said subdivision plat. said improvements hereinafter referred to as the required improvements. 2, Devetoper herewith tenders its subdivision performance security (attached hereto as Exhibit "A' and by reference made a part hereof) in the amount of $109,470.57 the estimate cost of to complete the required improvements at the date of this Agreement. SE? 2 $1997 CONSTRUCTION AND I'~IAINTENANCE AGREEf~IENT FOR SUBDIVISION II'~IPROVEMENTS THIS CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISIOhl iMPROVEMENTS entered into this , day of _ 1997 bel'¢.,een LEVIT-i' AT HUNTINGTON LAKES, INC., a Ftorida corporation herea,'ler referred to as "Devetcper', and the Board of County Commissioners of Co~lier County, Florida, hereinafter referred to as the "Board.' A Developer has, simullaneously with tho deliver/ of this Agreement, applied forlhe spproval by the board ofacertain pl.~tofa subdivision knov;n as Huntington Lakes Unit Three. B. Division 3.2 of the Coil/er County Land Development Code requires the Developer to post appropriate guarantees for the construction of the improvements required by said subdivision regulations, said guarantees to be incorporated in a bonded agreement for the construction of the required improvements. NOW, THEREFORE, in consideration of the foregoing premises and mutual covenants hereinafter set forth, Developer and the Board to hereby covenant and agree as follows: 1, Developer will cause to be constructed: Paving roads, sanitary collection system, potable water drainage system excluding lake, earth work within 12 months from the date of approval said subdivision plal, said improvements hereinafter referred to as the required improvements. 2. Developer herewith tenders its subdivision performance security (attached hereto as Exhibit 'A' and by reference made a part hereof) in the amount of $109,470.57 the estimate cost of to complete the required improvements at the date of this Agreement. ,~,,/~xr~,~ 1997 7. Six (6) months af'~er the execution of this Agreement and once within every six (5) months thereafter the Developer may require the Oevelopment Services Director to reduce the dollar amount of the subdivision performance security on the basis of work completed. Each request for a reduction in the doliar amount of the subdivision pedormance security shall be accompanied by a statement of substantial completion by the Developer's engineer together with the project records necessary Ior review by the Development Services Director. The Oevelopment Services Director may grant the request for a reduction in the amount of the subdivision performance security for Ihe improvements completed as of the date of the request. 8. in the event the Developer shall fail or hog',oct to tulf~I! its obiigalions under this Agreemen. t, upon certification of such failure, the County Administrator may carl upon the subdivision pedormance security to se2ure satisfactory completion, repair and maintenance of the required improvements. The Board shall have the right to construct and maintain, or cause to be constructed or maintained, pursuant to public advertisement and receipt and acceptance of bids, the improvements required herein. The Developer, as principal under ~he subdivision pedormance security, shall be liable to pay and to indemnify the Board, upon completion of such construction, the f~nal total cost to the Board thereof, including, but not limited to, engineering, legal and contingent costs, together with any damages, either direct or consequential, which the Board may sustain on account of the failure of the Developer to full~ll all of the provisions of this Agreement. 9. All of the terms, covenants and conditions herein contained are and shall be binding upon the Developer and the respective successors and assigns of the Developer. IN WITNESS WHEREOF, the Board and the Developer have caused this Agreement to be executed by their duly authorized representatives this ~ day of_ ~ 1997. SEP ~ 3 1997 F 7. Six (6) months after the execution of this Agreement and once within every six (6) months thereafter the Developer may require Development Services Director to reduce the dollar amount of the subdiv',.sion performance security on the basis of work completed. Each request for a reduction in the dollar amount o! the subdivision pedormance security shall be accompanied by a statement of substantial completion by the Developer's engineer together with the project records necessary for review by Development Services Director. The Development Services Director may grant the request for e reduction in the amount of the subdivision pedormance security for the improvements completed as of the date of the request. 8. In the event the Oeveloper shall fail or neglect to fulfill its obligations under this Agreemen. t, upon certification of such failure, the County Administrator may call upon the subdivision performance security to secure salisfacto,'y completion, repair and maintenance of the required improvements. The Board shall have the right to construct and maintain, or cause to be constructed or maintained, pursuant to public advertisement and receipt and acceptance of bids, the improvements required herein. The Developer, as principal under the subdivision performance security, shall be liable to pay and to indemnify the Board, upon completion of such construction, the f~nai total cost to Ihe Board thereof, including, but not limited to, engineering, legal and contingent costs, together with any damages, either direct or consequential, which the Board may sustain on account of the failure of the Developer to fulfill all of the provisions of this Agreement. 9. All of the terms, covenanls and conditions herein contained are and shall be binding upon the Developer and the respective successors and assigns of the Developer. IN WITNESS WHEREOF, the Board and the Developer have caused this Agreement to be executed by their duly authorized representatives this __ day of. __ 1997. SEP 2 3 1997 BOND NO. __%5-__001-339__ PERFORMANCE BOND Know all men by these presents that LEVITT AT HUNTINGTON LAKES, INC. 7777 Glades Road, Boca Raton, Florida 33434 (hereinafter referred to as "Owner") and LIBERTY MUTUAL iNSURANCE COMPANY, 1211 Avenue of Americas, New York, New York 10036 (hereinafter referred to as "Surety") are held and firmty bound unto Collier County, Florida, (hereinafter referred to as "County") in the tota~ aggregate sum of One Hundred Nine Thousand Four Hundred Seventy and 57/100 Dollars /$'109,470.57) la,,vfu~ money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. Owner and Surety are used for singular or plural, as the context requires. The Condition of this obligation is such that whereas, the Owner has submitted for approval by the Board a certain subdivision plat named Huntington Lakes - Phase Three and that certain subdivision shall include specific improvements, including paving, sanitary collections system, potable water drainage system (excluding lakes and eadhwork), which are required by Collier County Ordinances and Resolutions (hereinafter "Land Development Regulations"). This obligation of the Surety shail commence on the date this Bond is executed and shall ccntinue until the date of final acceptance by the Board of County Commissioners of the specific improvements described in the Land Development Regulations (hereinafter the "Guaranty Period"). Now, Therefore, if the Owner shall well, truly and faithfully perform its obligations and duties in accordance with the Land Development Regulations during the guaranty period established by the County, and the Owner shall satisfy all claims and demands incurred and shall fully indemnifl/ and save harmless the County from and against all costs and damages which it may suffer by reason of Owner's failure to do so, and shall reimburse and repay the County all outlay and expense which the County may incur in making good any default, then this obligation shall be void, otherwise to remain in full force and effect. Provided, further, that the said Surety, for value received hereby, stipulates and agrees that no change, extension of time, alteration, addition or deletion to the proposed specific improvements shall in any way affect its obligation on this Bond, and it does hereby waive notice of any such change, extension of time, alteration, addition or deletion to the proposed specific improvements. Provide further, that it is expressly agreed that the Bond shall be deemed amended automatically and immediately, without formal and separate amendments hereto, so as to bind the Owner and the Surety to the full and faithful performance in accc~-danc-.~ ,~l~r)~ the Land Development Regulations. The term "Amendment", wherever fsed ~"t__~,~i~ Bond, and whether referring t° this b°nd, °r °ther d°cuments shalllcl ].~'~_,,~9~. alteration, add't on or modification of any charscter whatsoever, u~ea~ · P BOND NO. 15- 01-_0_~ PERFORMANCE BOND Know all men by these presents that LEVITT AT HUNTINGTON LAKES, INC. 7777 Glades Road, Boca Raton, Florida 33434 (hereinafter referred to as "Owner") and LIBERTY MUTUAL INSURANCE COMPANY, 12.11 Avenue of Americas, New York, New York '10036 (hereinafter referred to as "Surety") are held and firmly bound unto Collier County, Florida, Ihereinafter referred to as "County") in the total aggregate sum of One Hundred Nine Thousand Four Hundred Seventy and 571100 Dollars ($109,470.57) lav~ul money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators. successors and assigns, jointly and severally, firmly by these presents. Owner and Surety are used for singular or p~ural, as the context requires. The Condition of this obligation is such that whereas, the Owner has submitted for approval by the Board a certain subdivision plat named Huntington Lakes - Phase Three and that certain subdivision shall include specific improvements, including paving, sanitary collections system, potable water drainage system (excluding lakes and earthwork), which are required by Collier County Ordinances and Resolutions (hereinafter "Land Development Regulations"). This obligation of the Surety sha~l commence on the date this Bond is executed and shall continue unti~ the date of final acceptance by the Board of County Commissioners of the specific improvements described in the Land Development Regulations (hereinafter the "Guaranty Period"). Now, Therefore, if the Owner shall well truly and faithfully perform its obligations and duties in accordance with the Land Development Regulations during the guaranty period established by the County, and the Owner shall satis~ all claims and demands incurred and shall fully indemnify and save harmless the County from and against all costs and damages which it may suffer by reason of Owner's failure to do so, and shall reimburse and repay the County all outlay and expense which the County may incur in making good any default, then this obligation shall be void, othenwise to remain in ful~ force and effect. Provided, further, that the said Surety, for value received hereby, stipulates and agrees that no change, extension of time, alteration, addition or deletion to the proposed specific improvements shall in any way affect its obligation on this Bond, and it does hereby waive notice of any such change, extension of time, a~teration, addition or deletion to the proposed specific improvements. Provide further, that it is expressly agreed that the Bond shall be deemed amended and immediately, without forma~ and separate amendments hereto, so as automatically to bind the Owner and the Surety to the ful~ and faithfu~ performance in acc e u[ations. The term "Amendment", wherever ~.u ,,,_, ,..,,.~..-,- the Land Development.R g _ , ~,-,,-,,4 ~r r documents shal~ nd, and whether reremng tu th,s ,-,,.,~, ~. oth. e.-ever ~qc~u~p~,~ 1997 B.o . ~dition or modificat on of any c, ,aracter wnatsu alterauon, au . ' ~..2...~. This power oi AHorney limits the act ol those named herein, and they have no authority to bind the Company except in manner and to the extent herein stated. LIBERTY MUTUAL INSURANCE coMPANY BOSTON, MASSACHUSE~S OF A~ORNEY the 'Company'}. a :,~assachusetts POWE.R utuat ~nsurance C~m~any ~ ...... .t lodh does hereby name. o~¢SFNTS: That Llbe~y ~ 2nd AuthOriZahon neremd,,~. ¢- ' KNOW ALL pERSONS BY T~ESE ~'~n,~by authority el 1he uy-,a¢¢ ~__ FRED mutua~ insurance company, pursuant DOUDERA THOMAS BEAN, GERARD MACHOLZ, constitute and apOomt, ANTHONY J- ROMANO, ELEANOR OF NEW YORK ...................................... NICHOLSON, ALL OF THE CI~ OF UNIONDALE, STATE .............................. i a~e~ ~ other surety obligBlions in the penal ~u . · .~ ~¢~ any and all undedakin~s, ~nds, r~c .. . e ~ ~JJ~L~ .... I th-Se p~esents, sha~I be undoings, i~ pur~u~-~ ~ Ihe secfe~a~ el lhe Company in (hei~ OWn p~ope~ Thai Ibis powe~ is made and e~eculed pgrsuanl Io and by authority el lhe ioJIowJng By-law and . ',on 5 Sue y Bonds and Unde~akings. ~DTI~I ~ ~Vl ' ExecuJJOO el Conl~aClS Sec, ~ .... M Io~ Lha purpose in w.bng by Jhe chatlman of lhe pres~Oenl, and subjecl lo such limilabOnS aS Ihe chairman Or Ihe preS,riehl may preSCribe shall aprinl such aHorneys.in'lacl, as may be Company Io make. e~eCU~e, seal acknowledge and dehver as surety any and all undedakmgs, bondS, recogmzances and oth~f sureJy ~werS Ol a~,orney, sha~l have Iu~I ~wer ~o brad the obligations. Such a~omeys.~n-fact, sub[ecl ~o the hmflabons set lo~h in the(f respective V/hen SO e~ecu~ed s'~h by the secreta~. company - and de,vel as sure~y any and att unde~ak,ngs. Pursuant ~o Adicle XV1, as may be necessaW to ecl m behaH oI the company lo make, execute, seal acknOwledge ,_ .. her,zed oH~cer and :he COrpora,- S.~ ~%o',¢mber _~-. ~9 __96 . subscnbed by ~,~ ¢¢,' 16th day O~ ~- ..... ~r-~ tN W1TNESS wHEREOF, thJs instfdmert has been PennSy~van,a m*s Company has been a!h*ed thereto ~n Ply~',O'Jtr' t.~ee~m,g. LIBERT~ fpUTLJAL ~HSURAt4CE CoN~PANY COMt~ONWEALTH OF PENNSYLVANIA ss CouNTY OF ~.~ON ~GOMEHY ~ .~ 96 before me, a Nola~ PubhC. perS~,~l ~-trumenI and he . :,~ Septem~r . A,u. l~%.m~m~anv whO executed the prece~-~ ~-n~ and that sa:c cor~rate ged that he execu/,. ~ ~r ~(e~ was du~y afhxeo p~ he day and yea cERTIFICATE , ,'~ ~',~-, C:~ ,:-'_,' ~-~-an,~ do hereby ceAdy that t e 9, .h~t he ofl,ce~ who execuled the %'. ', '~ ,',~- / . , .... Mutual nSurance ~u-.~ ~' ..... nd I do uAher cemW ~ ¢ . x=- '*'~t~'t '~retaW o~ Liu~,,y ......n the date el JhiS Ced.lOP'c," any attorney'~n'lact as prey,deal ~n A~le I, the unders~gneu' ~ -~ - n luff Iorce and e~leu~ u Ioregom9 ~s a tull. ~rue and correc~ copy ,* ' aulhOdzed by Ihe chairman or the presidenl Io appoinl said power el ai~orney waS one el Ihe officers specially XVI, Section 5 el the By4aws of Libedy Mutual insurance Company. of Ihe IoIIowing vote el ~he ~8rd OI al,rectors el L~be~y MPual This cedilica~e may be signed by Iacs~mile under and by euPhOny ap~an~g u~n a Ce~f~ Company al a meedng duly called and held on lhe 12th day el March. 1980, secreta~ o~ the company wherever vOTED Ihat Ihe lacsimile Or mechamca~IY feprpuced signature el any assis~anl ~ n~in- u-~n the company wd cop el any powe m,s ~~~f ,ho~ghmanuaIiyal"xed m name~ndatl,x,.dtr,ecofporaleseal°ltheSa'dc°mpan' ' ~ subscribed Y ' ~ -- xE~UTE ANY BONO WII~ &m ' THIS pOWER OF A~ORNEY MAY NOT BE USEO TO E .... ~ :hough manually afl~xed TESTIMONY wHEREOF. I have he,evnto suDscr,bed my name and April ~, ~9 _9_7_-- '~" '. TrOiS POWER OF A~ORNEY MAY NOT BE uSED TO EXECUTE ANY BONO WITH AN INCEPTIVE A~ER Sept THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND· 3 ..O 0 ~ i 3 This Power O! AJ~orney limits lhe ac! o! those r~amed herein, and they have i'1o authorHy to bind the Company except in manner ~nd to the exlent herein stated. LIBERTY MUTUAL INSURANCE COMPANY BOSTON, MASSACHUSE~S POWER OF A~ORNEY KNOW ALL PERSONS BY THESE PRESENTS: Thai Libe~y Mutual Insurance Company (the 'Company'), a Massachusetts mutual i~suranc~ company, pursuan~ 10 and by authority of the By-law and Authonzation hereinaller set lomb, does hereby name. const~lute and appoint. ANTHONY J. REMAND, ELEANOR DOUDERA, THOMAS BEAN, GERARD MACHOLZ, FRED NICHOLSON, ALL OF THE CI~ OF UNIONDALE, STATE OF NEW YORK ...................................... ~IS Irue a~d ~a~ul a~orney-in-lac~ to make. e~ecule, seal. acknowledge and delver, tof and on behalf assue~and as~ts aD arx~u~, - ~ OOL~RS (S ~0~''"**''" ' ~T' ' ~ h~m~ nre.~dent anda:;es:eC -~~J-~ ,~.~¢ nre~nts shah be as brand,n9 upon ~he company -= . .,,.z ___ b Ihe sgcreta~ Of the Company in their OWn peeper persons, Tha~ this ~wer i~ made and executed pursuam to and by authority Of the Iollowing By-law and Authonzahon: ARTICLE XVl - Execution el Conlracts Sechon 5 Surely Bonds and Undedakings. subiect iD such act in behaH of Ihe Any officer or oiler ofl~c;al Of Ihe company authOriZed lot that purpose in writmng by Ina chairman or the pres*dent, and limilations as the chairman or the pres,dent may prescrmbe, shall appoint such a~orneys.in-facl, as may be necessaw Io company lo make, execute, seal, acknowledse and dehver as surety any and a~l undeA~kmngS, bonds, recogmzances and Other surety obligahons. Such a~omeys-m-fact subject to the ImmitabOnS set leah ~n ~he~r respec~*ve ~wers of a~omey, shah have full ~wer ~o bind lhe company by lhemr s~atute and execubon of any such mslrumenls and lo atlach ~heretO Ihe seat of the company When SO execCed such instruments shall be as b~nd~ng aS iJ Sm~r~ed be the president and a~lested by ~he secreta~. i That the By-law and the AuthOr+Zabon above scl fodh are true copras ~hefeof end a~e now m full force and et!ecl of ~he sa*d L,be~y Mutual Insurance IN WITNESS WHEREOF, th~s ,nStrume~t has been subscribed by its author,zed ofhcer ned the corporate sealgen.¢mber. 19 96 Company has been a'fi~ed lherelo mn PJymOat~ MaCtag. Pennsy~vama mis LIBERTY MUTUAL iNSURANCE COMPANY COMMONWEALTH OF PENNSYLVANIA ss COUN~ OF MONTGOMERY On roms 16th day o~ SepJem~r . A.D. 19 96 , before me. a NOtaW Public. personally came the jnd*wduah known OthOer Of L~bedy Mutual insurance Company who execuled the preceC,ng mnstrument, and he acknowled- ~ ~o be the therein desc~i~ ~:,¢~dua[ and ~ ~ r cedinn instrument is ~he ~f~rale seal el sa,d company; and thai sa~d - .~ -m'~ -~}~At he sea[ aJ~xed ~o the sa d p e ~ ..... ~ ..... n~ ~ recbon el the sa*d company ed fha he executea~¢~" "~'~.' - ~ *~ ~ .-h~cnbed to [he smd ~nstrumem Dy ~u~nv,,,~ - ~ ~ ' O ~a5 uwy am~u ¢.~ .... '~ Meetm p~ Ihe day and year I rs a~ve w.lten. EREOF I;~'r~6~to sel my hand and affix my oM~ial seal at Plym~g. ~. - -.. . ~'C'/7~F~' '" ...... Mulua Insurance Company Uo hereby ce~,ly that the oHg,pa~.~ el attorney I. the undersigned. A?,sta~}~5~retaw ~[ ~ ut,,7 .... c~ nn h~ M~te ~ his ce~d~te; a~d t do lu~De~ cemw u,~, .,~ oM~ce~ who e=eculed foregoing is a lull true an~ ~rr~t copy. =sm ~ul] ~o~ce a-u ~-~ sa{d ~wer of attorney was one of the o{hcer5 specially aulhonzed by t~e chairman or 1he president lo ap~,nt any attorney-m-Inet as p~ov~de~ m A~cle XVI. Section 5 of the By.[aw5 el Liberty MuIual Insurance Company This ce~dicate may ~e 5~gned by facsimile un,er and by authonty of Ihe Iollowi~g vote el the ~a~d el d~ecto[s o~ L~e~y MuIuai Insura~e Company a~ a mee~mg du~y called and held on the 12th day o~ March. 1980. vOTED that Ihe facsimile or mechamCally reprCuced slgna~ure el any ass~slam secre~&~ el Ihe company wherever ap~aHng u~n a copy of any ~wet of attorney ,ssued by Ihe company. 5haq be ~af,d and b,nd,ng u~n Ihe Company w, ~~ SEP 2 3 ~r 16 98 STATE OF FLORIDA COUN ~ OF PALM BEACH On this 2th .day of Seotember , 1997, before me persunally came ~arrv T. ,~k _to me known, who, being by me duly sv,,orn, did depose and say; that he resides in ' that he is the ~_¢nior V~Ldont ~f the Lev~ the corporation described in and which executed the above instrument; that he knows the sea~ of said corporation; that the seal a~xed to said instrument is such corporate seal, that it was so a~xed by order of the Board of Directors of sam corporation, and that he signed his name thereto byJike order. ] COMMISSION NO C~ Corp. Ack. STATE OF NKk' 'fOkK COUXTY OF NASSAU t ss.: On this 1Q~b~ ..........day of ......Apr.?]- 19 ~.~ ,before me personal~y came FRED N ICHOLSON ~o me known, ~'ho, bein~ by me duJy sworn, did depose and say; ~zt he resides in....~AS.S~-C9~~'-,~ ............ that he is the A~O~-IN-FACT _ ~ = ~TU~ INSUP~NCE CO~ th- co~r~tion de~cd~d in ~nd which or th~ .....-I~'~ ~ ~x~cut~d th~ ~v~ instrument; that h~ knows ~ ~1 o[ ~i~ ¢or~or~tion; that the s~ in~:~m~nt is such cor~or~t~ seM; ~h~l it w~ so ~ix~d by order of the Board of Ditector~ o[ ~Md cor- poration, ~nd that h~ si~ned his n~me ~re~ by like order. ~ ............. ^°e'/P~t'F¥ h SEP ~ 3 1997 by: ~-IU; 94'16/.38331 EXECUTIVE SUMMARY APPROVAL OF AN AGILEEMENT WITIt W1LKISON & ASSOCIATES, INC. FOR ENGINEERING SERVICES FOR INFRA. STRUCTURE IMPRO~,~iENTS TO SHELLABARGER PARK IN ,tMMOKALEE- THIS IS A COMMUNITY DE'¢ELOPMENT BLOCK GRANT. TOTAL CONTRACT WILL NOT EXCEED S92,500. REFERENCE t.tFP#96-2607 - ENGINEERING SERVICES FOR i:iFRAS'FRUCTURE TO SHELLABARGER PARK IN IMMOKALEE. OBJECTIVE: To ha',,e the Board of County Commissioners approve an Agreement betxveen Board of County Corrunissioners and WiLkison & Associates, Inc. for engineering services. This contract is in reference to K.FP~96-2607 - Engineering Services for Infrastructure Improvements to Shellabarger Park in Immokalce. CONSIDERATION: In December, 1995, the Board of Count' Commissioners approved Resolution 95-692. to authorize the submission of an application to thc Florida Department of Communir,' Affaiss (DCA) for a Small Cities Corrununity Development Block Grant under t'he Neighborhood Re;Stalization category. Since that time negotiations have taken place betv,'een staff, DCA, and the engineers to facilitate this a~eement. This project will improve the sanitation of the Shellabarger Park by removing the use of septic tanks and replacing them with a more modem disposal system; the project will improve drainage conditions, which presently threaten the health and safety of the residents of Shellabarger Park, by installing an adequate roadway with improved drainage system FISCAL IMPACT: The fiscal year 97/98 operating budget provides for this expenditure. Revenue is provided by the Comrnunity Development Block Grant (97DB-3K-09-21-01-N03).These f.tads t.,ere provided in the Urban Ia~t Grant: Fund (~21). GROWTH .MANAGEMEN'T IMPACT: The subject properts' ~s located in the hnmokalee area where an expansion of tu'ba~ services are permitted, mrsuant to Objective 111.2 of the Immokalee .&rea Master Plan. This Agreemen ~s consistent with the Collier Count5' Growth Management Plan. AGENDA ITEM SEP 2 3 1997 Pm._ i ~.~O'.,'. ~.'-:E.r-,'EFORE i- consideration of the mutua] covenants and ;rovislons contained herein, the parties hereto agree as lc, ilc'-'n ~.RTI CLE ONE CONSULTANT' S R~ESPONS I Bt L ! CONSULTAI~ shall provide to ~MdER professional engineering surveying services in all phases or the Project to which this ~.greement applies ~ ? Yhe Basic Services to be performed by CONSULTANT hereunder are set forth in the Zcope of Services described in detail ir, Schedule A. The total compensation to be paid CONSULTAI,~ by the ~.~NER for all Basic Services is set forth tn Article Five and Schedule B. "Basis of Compensation". which is attached hereto and incorporated herein 1 ] The CONSULTANT agrees to obtain and maintain throuqhout the period of this Asreement all such licenses as are required to do busxness in the State of Florida and in Collier County. Florxda. including, but not lxmited to. all licenses required by the respective state boards and other governmental agencies rezponzible for reg,J!ating and licensing the professional ser'.,~cez to be provided and performed by the CO[dSULT~.NT pursuant to th~s ~.greement hereunder relate to a professional service which, und~rt~[~fi~1997 Statutes. requires a license, certificate of authoriza'~tion.pr ~f- :.:O'.~' T,-;F. gEFOF:E in cor:sideration of the mutual covenants -~ov~slons contained herein, the part.,es ,hereto agree as ART I Cf.E OI.IE CG!.iSULTAIdT' S R~ESPONS i BI L ! CONSULTAJdT shall provide to C~qER professional engineering surveying services ~n all phases of the Project to which th~s ~..zreement applies 2 The Basic Ser'.,'tc:..s to be perforr, ed by CONSULTAIqT hereunder ar,? set forth in the :.]cope of Services described in detail ~.r, :-7,.:nedule A The tr, tal compensation to be pa~d COI,]SULTAI,q' by the (~,.,'!dER for all Basic Services is set forth in Article Five and %chedule B. "Basis of Compensation" which ts attached hereto and ~ncorporated hel-e J n I 3 The CO:~SIJLTANT agrees to obta n and maintain throughout the per~od of th~s ?,.ereement all such licenses as are required to do !:,us~ness ~n the State of Florida and in Collier County. Florida including, but not limited to. all licenses required by the respect,.ve state boards and other governmental agencies rer:pons~ble for regulating and licensing the professional services to be provided and p,~rfc, rmed by the CO!~SULT/-.I~T pursuant to this /-.g r eement AGEN I ! 4 The CONSULTANT agrees that. when the services t~t hereunder relate to a professional service which' undl: t~~7 Statutes. requires a license, certificate of authoriza~~.__~ c;;- Feta~ned by :::,-_, COI,~SULTAI4T. or ar,¥ subconsuitants or subcontractors c,: any personnel o[ an,/ such subconsuJtants or subcontractors er. caced by the COI~SUi. T?..:4T Lo provide and Far forrr: serv:ces or wor~' p~:rsuant to the requirements of this Agreement. '-'h©m the G~,.;!.gEF'shail reeuest in w~itinc lo be removed. ~'h:ch request may be made b'y' the ~q~ER ~] th or without cause. 1.?, The CONSb~_TA!~T has represented to the G'WNER that it has expertise in the type of professional services that will be r~qulz-ed ~or the ?ro]ect. ~he COI~SULTAI.,"T agrees that all services to be provided b'/ COh:SIJLTAI4T pursuant ~o this Agreement shall be sub~ec~ ~o the ~,.,'!iEP's review and approval and shall be in accordance w~th the generally accepted standards of professional practice in the State of Florida. as well as in accordance with all published laws. statutes, ordinances, codes, rules. regulations and re,!u~rement, s of any governmental agencies which regulate or have iurisdiction over the Project or the services to be provided and per!ormed by CONSLF~.TAI~T hereunder. In the event of any conflicts in these requirements, the CONSULTAICI' shall notify the C~NER of such conflict and utilize its best professional judgment to advise OWNER regarding resolution of the conflict. !.8. CONSIJLTAI.]T agrees not to divulge, furnish or make available to any third person, firm or organization, without (7,4NER's prior ~ritten consent, or unless incident to the proper perfc~rr, an~-~.0~.~l[~. -- / the COIqS~TAI~'s obligations hereunder, or in the course 8EP2~1997 ~'_~ .... .-.;r retained h,v :!',.? COIqSULTANT. or ar, v subo£.nsu)ta:',:s or r~u!:.¢or, tractors oT any personnel ol ar,',,, such subconsultants or subcontractors .~r. aaa,?d by the CGI~$UET?-.NT to ~rc','~de and services or ~'ork pursuant to the requirements of this Agreement. '~'hc.r,, the G'~R'E? shall request tn writing to be removed, which request may be made b',v the O',~,;ER with or without cause. i ? 'The COt.1SO-LTA~rT has represented to the OWNER that it has expertise ~n the type of professional services that ~ill be required for the Pro)ect. ~he COI.;S!JLTAHT agrees that all services to be provided b';, CO>iSL~TANT pursuant to this Agreement shall be subject to the C'.-.'!:EP's review and approval and shall be in accordance ~,'lth the generally accepted standards of professional practice in the State of Florida. as well as in accordance with all published laws. statutes, ordinances, codes, rules. regulations and re,]u~remen~s of any governmental agencies ~,'hich regulate or have )urisdict~on over the Project or the services to be provided and performed by CONSULTANT hereunder. In the event of any conflicts in these requirements, the CONSULTAI~T shall notify the C~WNER of such conflict and utilize its best professional judgment to advise (7~NER regarding resolution of the conflict. 1.8. COIqSIJLTAHT agrees not to divulge, furnish or make available to any third oerson, firm or organization, without C~,4NER's prior the CONSULTANT's obligations hereunder, or in the cour e o SEP tis 1997 ARTICLE ~ ADDITIONAL SERVICES OF CO~qS~LTAI.Iq- if author:zed ir-, '~r~ting by C~q4ER CONSULTA:W shall furr, xsh c,r obtain [rc, m others Additional Services of the types listed in ~.rticle Tuo here~n. These services will be paid for by OWNER as indicated in Article Five and Schedule B, Attachment B The following services, if not otherwise specified in Schedule A as part of Basic Services. shall be Additional Services' 21 Prenarat~on 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 s~gnlflcant cha~ges in the general scope, extent or character of the Project or its design including. but not l~m[ted to. changes ~n size. complexity. ~,4NER's schedule or character of construction: and revising previously accepted studies, reports, design documents or Contract Documents ~'hen such revisions are required by changes in laws. rules, regulations. ordinances codes or orders enacted subsequent to and not reasonably anticipated prior to the preparation of such studies, reports or documents, or are due t,D any other causes beyond CONSULTAI,]T's control. 2 3 Preparation and submission of ~nformatlon to and necessary consultations ~ith the Collier County Transportation Department. Florida Departme-' e[ Environmental Frotect~on. Flor'ida Depart:r. ent of Transportation. South Florida Water Hanagement District. U 5 Army Corps of Er, glneers or other appropriate regulatory agencies. in order to obtain necessary permits or approvals for construction cf th~ Pro]eot. unless such permits are expressly included in Basic Services to be performed by CONSULTA3CT hereunder as set forth in the Schedule A Scope or Services. 2.4 Providlng tender,nos or models for C7~a,~ER's use. 25 Inves{igat~ons and studies involving detailed consideration or operations, maintenance and overhead expenses: the preparation of feasibility studies, cash [10w and economic evaluations, rate schedules and appraisals: and evaluating processes available [or licensing and assisting ~NNER in obtaining process licensing. 2.6 Furnishing services of independent professional associates and consultants [or other than the contract services to be provided by CONSULT~.NT hereunder. 2 7 and directed by C3,4!.;EP O'~a~ER's off~ce Services during out-or-town travel requ,.red or CONSULT$.NT other than visits to the Dro]ect site or 1997 2 8 Assistance in connection with bid protests, rebldding or :enegotiatlng contracts for construction, materials, equipment or ser'~]ces, e:.:ce~t as other's'lac provided for herein 2.9 Providing any type o[ property surveys, aerial photography or related engineering services needed for the transfer of interests in real property and field surveys for design purposes and engineering surveys and staking to enable contractors to proceed with their work and providing other special field surveys. ~ 10 Preparation of operating, maintenance and staffing manuals. except as otherwise provided for herein 2.11 Preparing to serve or serving as a CONSULTANT or witness for ~.,q4ER in any litigation, or other legal or administrative proceeding. ~nvolving the Project (except for assistance in ~ consultations which are included as part of the Basic Services to be provided hereinl 2.12 Additional services rendered by CONSULTAtCfS in connection with the Project. not otherwise provided for in this Agreement or r, ot customa~'tly [,Jrnished in accordance with generally accepted engineering and surveying practice. ISEP :~ 3 1991"'=' AliT I CLE THREE 3 1 The C~-'neF shall designate in ~;riting a project coordinator to act as O',.fl.iE.q"s representative ,,'itt', respect to the services to be rendered under this Agreement (hereinafter referred to as the "Pro)ect Coordinator"). The Pro]ect Coordinator shall have authority to transmit ins'tructions, receive information, interpret and define' CT, q,IER's policies and decisions with respect to CONSULT~J~FT's services for the Project. Ho~'ever. the Project Coordinator ~s not autho/lzed to issue any verbal or 'written ordeTs or ~nstructions to the CONSLILT/-J~-F that ~'ould have the e~fect, or be ~.nterpreted to have the effect, of modifying or ,=hanging in an'..,, way whatever: [a) The scope of services to be provided and performed by the CONSULTA!.~ hereunder; b The time the CONSULTANT is obligated to commence and complete all such services: or c The am. ou:-~t of compensation the O,,~NER is obligated or committed to pay the CONSULT~fl~T 3 2 The Project Coordinator shall: Review and make appropriate recommendations on ali requests suh, m~tted by the CONSULTAI~-F for payment for services and ~.'ork provided and performed in accordance with th~s Agreement: AGE IT SEP ~ ~ 1~97 (b) Provide all criteria and informatton requested by COI4~;ULT?..~-7 as to t?,.aqER's requirements ,'or the Pro]ec~. including ,desiGn c,b]ectives and c::nsti'air,~s, space. capacity and perlormance requirement, s liexibiiity and expandab~l~t'/. 3nd any budgetary l~m~tatlons: (ti Upon reeuest from COI.IS~_TA1E. assist COIqS~TAI'E by placing at COI4SULT~JfT's disposal all available information in the ~,~ER'S possession pertinent to the Project. ~nclud~n9 existing drawings, specifications. shop drawings, product literature, previous reports and any cther data reJat~ve to design or construction o~ the ~roject (dj Arrange for access to an~ make all provisions for CONSULTAI~ to enter the Project site to perform the services to be provided by CONSULTANT under this Agreement. and Provide nottce to CONSULTANT of any deficiencies or defects d~scovered by the Oat'~R ~'~th respect to the services to be rendered by CONSO~TANT hereunder. ~ 3 CONSO~TAi~ acknowledges that access to the Project Site. to be arranged by ~,6.~ER for CONS~T~NT. may be provided during times that are not the normal business hours of the CONSULT~I~. 3 4 ~;!.iER shall be responsible for the acqu:.-~ltton of all ea::ements, property sites, rights-of-way, or other property rights required for the Project and for the costs thereof, i~ · ' tt su~/~1997 tsuch costs of any reeuired land surveys in connection ~i acquisi t ion. AATICLE FOU~ 4 i Ze:'.,~ces ~o be rendered by COI4SULT~'~F shal~ subse,!uen% to tLe execution o~ this AGreement upon ~y~tt.tn Notice to Proceed from ~.e~ER for all or any designated port,on of the Pro}oct and shall be performed and completed in accordance with the Pro}oct Schedule attached hereto and made a~part hereof as Schedule C. Time is of the essence with respect to the performance of this Agreement 2 li~o,:i ! CO::ZUI.TAI.~ be c,~structed or delayed :n th,? pz'osecutic,:~ or completion of its services as a result o! unfoueseeable causes beyond the control of COHSULTAN{. and not due to its own fault or neglect, including but not restricted to acts of God er of public enemy, acts of oovernment or of the f~res iloc, ds. e?~demics, quarantine regulations, str~kes or lock-outs, then CONSULTANT si~all notify ~.'!.:ER in writing ~ithin five 15) ~.orking days after commencement of such delay, stating the cause or causes thereof, or be deemed to have ~aived any right which COi.ISULT?d~Y may have had to request a time extension 4 ] 1:o interruption, interference, inefficiency, su:?.r_.enslon or dela'/ in the commencement or progress of CONSULTAI,F['s services ~rom a:~y cause ,.-hatsoeveY, including those for which C,.<~ER may be [es[.,ons~ble in whole or ~n part. shall relieve CONSULTAI$ of its duty to perform or give rise to any right to damages ~~ le remedy against O~4ER__ / · .,~ll be the right to seek an e×tenslcn o~' time to its schedule This paragraph shali expressly apply to claims [or early ,:cmpietion. as well as c~aims based cn i,lte completion ..-~c:,;~ver. :f [hrcu.]h no fault or negle,::- of the COt4SULT~. the ,.~ervtces to be p:,u'.,~ded hereunder have not been completed within ~wenzy--four 12~i months of the date hereof, the compensation may be equitably adjusted, wf~h respect to those services that have no: yet been performed, to reflect ~ncrementai increase in costs experienced by CONSULT~ alter expiration of sa:d twenty-four (~) month per~od. 4 4 Should the CO',,:SULTANT rail to commence, provide, perform or complete any c~f the services to be provided hereunder in a timely and reasonable manner, in addition to any other rights or remedies available to thc, C~,','I'!EP, hereunder, the ~dNER at its sole discretion and option may withhold any and all payments due and o~'ing to the CONSLILTAI~ until such time as the CONSULTI-.I~ resumes performance of its obligations hereunder in such a manner so as to reasonably establish to the O',tl.IER's satisfaction that the CONSULTANT's ~)e~formance is or will shortly be back on schedule. ~TICLE FIVE COI~ EN S AT I ON 5 i Compensation and the manner ot pa],ment ol such compensation b7 ~he O'~14ER lot services Fendered hereunder by CONSUI-TLIqT shall t:.e as prescribed in Schedule B, entitled "Basis or Compensation". authorized additional services will be made to the CONS ~.I~ SEP ~ ~ 1~7 hourly bas~s pe[ the hourly rates set torth ~r, Schedule t a ch,,~,en t B I SE~1997 ARTICLE SIX C~E,~SHI? OF DO~qJlqE~q-S 6 1 Ur:on c,t,t;pletion or term;nat~on ol this Agreement. r~ ~ ~ ;ecords. dc. cu~ents, t;acings, plans, spec~l~caLions, ma&.s eva~ua~ions. [epo;;s. computer ass~s~ed design o~ d~ai~ng disks and othe~ ~echr,~cal data. o~he[ than uo~king gapers, p~epa;ed o~ developed b'/ CO~.iSULTtd~ unde~ thins Ag~eemen~ shal~ be de,ire;ed ~o and become ~he proge~y o~ (~qE~. CONS~T~, a~ i~s o~n e~pense. may ~eLaln copies ~o[ i~s liles and inte~na~ use. ~,~qE~ agrees to inde~..nii~ an4 hc, id harmless CONSULTANT with respect Lo any claim ~cl~ T~ ' 'T ]oss or damage ~nclud~ng attorneys tees ~ncu[red by CO .... '.,'~ due to ti~e C~,,'NETM use oi said records, documents, tracings. plaus, specll~cations, maps. evaluations, reports, computer disks and other technical data on some other project unless such use ~s authorized by COHSULTAI~. 6.2 v,,ith respect to and in consideration ~o~ the inde~n~l~cation provzded by ~,,;I.IEP in paragraphs 6.1 above. CONSULT~.I~ agrees to pay to O,41qEF St0 00. the sufficiency and receipt oi ~.hich is acknowledged through the signing oi this Agreement. ARTICLE SEVEN MA]NTEIq~CE OF RECORDS 7.1. COI4SUI.TAIlT ,~11 keep adequate records and supporting documentat~c,n ~..h~ch concern or reflect its services hereunder The records and documentation will be retained by CONSULTAI'~T ,,or a minimum of f~ve (5) years from the Agreement or the date the project date of terminatio ~AG~' I iS completed. ~,hict-~~ !at,--:' C',.,lqER. the Elor:,-],a Department of Com:r, sn~t¥ Affairs. the Ij S Department o~ Huns:hq and Urban Development. tbs Cur, pits! ~cr~,:-ral of the Un:ted ff',~,~s c,r any duly authorized scents ~e~,resentat~ves c,~ ~..,:l.;l(? shall have the r]sht to aufi~t. ~nspe,:t ,ar,,~ c,:,~'y a~l such :e,:or,::~ and dc, cumentatic, n as often as thev ::ece~sary du~nq the per~od of this Agreement and durir;g the f~'.'e (~i '/ear period noted above, provided, hob, ever. such activity shall be conducted only during normal bus,ness hours. ARTICLE EIGHT I,IDEI4141 F I CAT i ON · ~ c -,,'r co deration of St0 00 the suffic~.er, c',; 8 ; The CON~ULI,..;I. ~n ns~ . and receipt of ~'h~ch ~:-: ackno~'ledged through the signing of this Agreement shall indemnify and hold C~NER and its officers, or emoloyees harmless from and against losses, penalties, damages. professional fees. ~nclud~ng reasonable attorney fees and reasonable costs of litigation and judgments arising out of an':' nas] isent act. error or omission of the CONSULTANT. its £ubconsultants. Subcontractors. officers, directors, or employees. arising out of or incidental to the performance of this Agreement or work performed thereunder. The consideration exchanged and the provisions of this paragraph shall also pertain to any claims brou,zht against the O',.,~:.~F.? ~ts officers or employees by any emnlo'fee of the named CC,liSULTANT. or any Subconsultant or Subcontractor. or anyone directly or indirectly employed by any o! them The CONSULT/..I,~T'S obligation under this paragraphlshal~[~.~ /~ - zn this Agreement or the CONSULTANT'S limit of. or lack/of. / /. ,,. 7., sufficient insurance protection. '- ~ £ CC':.:ffUI.T'~.NT a,:Pnow!edges that tl',e aeneral condition:; ,?I any cor, s:;-':,:L;on contract shall include language, satlslactor'/ to the O',.fi4EF~'s attorne',, ,,n which the contractor agrees to hold harmless and to delend O..;NEP,. and COI4SULT?-.NT. its agents and empio'/ees from 's and all costs of ali suits and act:ohS, including attorney fees. litigation and iudgments of any name and description a~sing out of or ,r,c;denta] to the performance of ~he construction contract or ~'ork performed thereunder. ARTICLE NINE INSURANCE 9.! CC,',;?J!.T,'..1,~T shall obtain and carry, at all times during its performan,:.? under the Contract Documents 1Rsurar~ce of tile tyOeS and in the amour, ts set lorth in SCHEDULE D to this Agreement. ARTICLE TEN SESVICES BY CONSULTANT'S C7~I~' STAFF 10 1 Tile services to be performed hereunder shall be performed by CONSULTANT's own staff, unless otherwise authorized in ,,.ritias by the C~,.'t~E? The employment of. contract with. or use of the services of any other person or firm by CONSULTANT. as independent consultant or other'.~ise, shall be subject to the prior written approval of the C~,,~I4EP. 14o provision of this Agreement shall. hon,,ever b,2 construed as constituting an agreement bet~-'een the O',.,'NEP .:n,~ anv such other person c.r firm. Nor shall anything contained herein be deemed to give any such party or any third party any claim or right of action against the O'~4ER b~O as may otherwise exist without regard to this Agreement{ ' __ ARTICLE ELEVEN ;~:AIVER OF CLAI!4:~ r- ,~ ,~ .... ,,C- ~nce ol final [;aymen~ shall c~n~-titu',? a ~ ! ,..O, S,~L~, .... '- ,~:ce~,' ~ . ~.~!I ,*'a~ver c,~ ,z::v .~r~d a~l claims, except for ~nsu~ance subrogation cia:m~ by it against U~.~R arisina out of thzs ~.~reement or o:her,-';se related to the Project. except those previously made ~n ~'riting and identified by CONSULT~ as unsettled at the t~me of the final payment l.]either the acceptance of CC;NSULTAI.~'s services nor pa'~,ent by O,~I.]ER shall be deemed to be a wa:var of any of ~,,l~R's rights against CONSULTAI.~ ARTICLE ~IELVE TERI.1!IqATIOiq OR SUSPEHS!ON 12 1. CONSULT?..t~T shall be considered ~n material default of this A. areement and suct~ default will be considered cause for CT,.,",qER to terminate this ?..oreement. in whole or in part. as further set forth in this section, for any of the following reasons: (al failure to begin '~,ork under the Agreement wzthin the times zpec~fied under the Hotice(s) to Proceed. or lb) failure to properly and ~ir, e!y perform the services to be provided hereunder or as directed by OWNER. or (c) the bankruptcy or insolvency or a general assignment for the benefit of creditors by CONSULTANT or by any of COI4ZULT/..!]T'~ principals, officers or directors, or failure to obey la',':~, ordinances, regulations or other codes of conduct, o~ (e) f,~lu[e to perform or abide by the terms or spirit of this Agreement. or (fl for any other just cause. The U,4NER may so terminate thiz Agreement. in whole or in part. by ~~ CONSULT ANT seven (',) ca!endar days writ ten n otzce. [ '-"~ <_ Ii SE? · ~ [,~ alter nc, t~ce of termination ;,rr. vzded ior ~n ~aragraph t2 t above. ~t ~s determined ~o~ any reas,:n that COF:~L~_TAN~ was not ~r~ dele'alt, or - ' then the not,ce a,~alnst CONSULTA',qT provided for of terF, xaatXon given pursuant to paragraph i2.1 shaii be deer, ed to be the notice of termination ?rovided for in paragraph ~2.3 be~o'~ ~ - , emedies against O,,~R shall be the same as and and CON~ULIA:~' s r [~mxted to those e[[orded CO'.4~.ULTA~ under paragraph 12.3 below. !2 3 (7,.;NER shall have the r~,*.ht to terminate this Agreement. in ,..ho!e ,:: tn part. a. ithout cause ~;pon seven (7) calendar days ~,~itten not,ce to CONSULTANT ]n the event or such termination [o~' convenience. CONSULTANT's recovery against UeaqER shall be l~m~ted to that port~on of the fee earned through the date of t,3rmtnat~on, together with arc/ tetainage withheld and any costs reasonably incurred by CONSULTANt that are directly attributable ~o the termination, bu~ CO14SULTAI4T shall not be entitled to any o~her or iurLher recovery against U¢a4ER. includ~n9' but not limited to. anticipated ~ees or prol~ts on work not required to be periormed 12 4 U~:,on termination, the CONSULTANT shall deliver to the al! ,:,r:,~nal papers, records, documents, drawings, models, and other material set Iorth and described in th~s Agreement. i2 5 The O;~NER shall have the power to suspend all or ar,y oort~ons or the services to be provided by CONSULTAN-f he:eundc-r uficn g~v~nq CC, I.;~CLTA:'~ t~'o (2~ calan,Jar' days prior written r. ctlce ut such sus:..er, s~on I[ all or any port,on ot the services to be rendered hereuncer are so suspended the COIISULTANT's sole end exclusive remedy shall be to seek an e:.:tension or time to its schedule in accordance ~ith the prbcedures set [orth in Article Four herein. ARTICLE TH~ RTEEN PEGOTI AT I C,t~ REF?ESEIiTATIONS 13.1 CON%ULT?,.I'TT ,~.arrants that COi,:SULTAI~-F has not employed cr retained any con,par, y or person, other than a bona fide emolovr-e working solely to~ COHS~TANT. to solicit or secure this ~greement and that COI.IS~JI.T/-.I'~ has not paid or agreed to pay any person. company, corporation, individual or l~[~. other than a bona fide employee working solely [or CONSULTANT. any lee. commission percentage, q! fi or any other consideration contingent upon or resulting from the a~ard or making or this ;~greement. 13.2. In accordance with provisions of Sectzon 287.055. (51~a/. ~lor~da Statutes the CONSULTANT agrees to execute the requ!red Truth_in_I,,~egot]at~on Certilicate. attached hereto and ~ncorporated here~n as Schedule E. stating that wace rates and other [actual unit costs supporting the compensation are accurate, complete and current at the t~me or the Agreement The CONSULTANT agrees that and any additions theretO- the original Agreement price i ficant sums by which thJOwNE~~/) / $EP231997 adjusted to exclude any slgnce was increased due to i a.~~ determines the Agreement ~ncomp}ete. or r~en-currc-nt wage rates and other ]ac. tua~ untt costs All such adjustments shall be made ~,.~th'.n one 1) ,fear [.:,]~c,~'~;~,] tl-,e end el th~s Agreement A,PT I CLE FOURTEEN COI.iFLICT OF INTEPaEST ~ 1 COHSULTANT represents that it presently has no ~nterest and shall acquire no interest, either direct or indirect, which ~ould conflict in any manner ~ith the performance of services required hereunder CONSULTAI'~ further represents that no persons having .~rp., such ~nterest ~hall be employed to perfo:'m those services ARTICLE FIFTEEN HODIFICATION t5 1 1~o modification o? change in this A~reement shall be valid or b~nding upon the parties unless in writing and executed by the party or parties ~ntended to be bound by ~t A?.T I CLE SIXTEEN :]OTICES AHD ~_IDDRESS OF EECORD !6 1 All notices required or made pursuant to this Agreement to be g~ven by the COI.~$ULTA14T to the ~lqER shall be in writing and shall be delivered by hand or by United States Postal Service Department. first class ma~l service, postage prepaid, return receipt requested addressed to the followinc ~,.:NER's address of ~,2COrd Board of County Commissioners. Collier County Florida c/o Department of Housing and Urban 2800 N. Horseshoe Drive IT '"'-'-' [mprovelen~[P ~, ~ 1997 Naples. FI i{4104 :6 £ All notices required or made pursuant to th~S Agreement to be ,~,.,en by the ~^~ to the COI,]SL~.TAI~ff shall be made ~n wrlt:ng and shall be del~'e~ed by hand or by the Un,ted States ?ostal Se["~,:e Departmen~ l~[st class ma~i service, postage prepaid. ~eturn receip~ ~equested. addressed to the tollowing COlaSULTAI'~'s address or record wilkison & Associates. Inc. 3506 Exchange Avenue lqaples, Florida 34104 16 3 Either p~rt'/ may change its address o[ record by written notice to the other party given in accordance with requirements Article ~T I CLE S EVEIq-'FE EIq I~ I SCELLAIqEOUS 17 1 COt~SULT~.I~I~, ~n representing ~¢;1,iER. shall promote the best interest o[ ~,-,'IqER and assume to~'ards ~¢II~ER a duty o[ the hiqhest trUSt, confidence, and [air dealing. 17 2. blo modilication, waiver, suspension or termination o[ the ~.,}reement or o[ any terms thereo[ shall impair the rights or liabilities oi either party. 17 3 This Agreement ts not assignable, in whole or in part. by COI,ISULTAIq-f without the prior written consent 17 4 waiver by either party of a breach o~ any provision o[ this ,..9reement shall r, ot be deemed ~o be a waiver o~ any ot~! and shall not be construed to be a modi,ication o~ the/ter~mc~ ~7 1 this Agreement. ~.ps.~--' 17 5 The headlnos of the Articles. Schedules. Parts and Attachments as contained in th'~s Agreement are f,:r the purpose convenience or, iv and shall r:o~ h,e deemed to e:.:par, d limit or .chan,~e the prov~.sions ~n si]ch Articles. Schedules Parts and Attachments ARTI~-E EIGHTEEN A9PI. IC~LE LAW 18.1. Unless otherwise specified, this Agreement shall be governed by the laws rules, and regulations of the State of Florida. and by the laws. rules and reg01ations of the Un~ted States when provzdins services funded by the Un,ted States government. Any suit or action brought by either party to this Acreement against the other party relating to or arising out of this Agreement must be brought in the appropriate ~lorida state court in Collier Count'/. Florida 18 2 This Agreement. initially consisting of ~ continuously numbered pages including the referenced Schedules and Attachments hereto, constitutes the entire agreement between the parties hereto and shall supersede, replace and nullify any and all prior agreements or understandings, written or oral. relating to the matter set forth herein, and any such prior agreements or understanding shall have no force or effect whatever on this Agreement l iN \.;:ITNESS ',q-."EFcF. OF, the par~ies hereto have executed ti~s ?:o(esslona[ Services ~.o~e,z, ment ic,[ engineer ~n9 8 s,jrvey'.ng se:,.'~ces the dav and year (~rst ,~ltten above ATTEST' D~lght S By Brock. Clerk RCJARD OF CO~,rY"f COi~4ISSiON~RS FOR COLLIER COlIN-fY, FLORIDA. A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA By Timothy ] Hancock. Chairman Approved as to form and legal sufficiency ,~,stant County Attorney- tqilkison g Associates. lnc By' David S. Wilkison. PE. President ',4ltness [ CORPOPATE S::,-. Schedule A SCOPE OF SERVICES ..\.2 (;EOTECItNICAL AND SURVEYING SERVICES A2.1 Research existing lnl layout, existing jn~Tess.,'e~2ress, drainage and utiliw easements within Shetlabargcr Mobile Home Park A? 2 Prepare sup,'ey of existing features w/thin the construction areas including existing utilities, driveways, culverts, road signs, fire hydrants, septic tanks, and other relevant ftatures A23 Prepare sun'ev to locate and section existm~ lake near slorm sewer connection point A24 Prepare a topo~._,.raphic surx'ev of the slormwaler outfall route to ex/sling swale on lmmokalc¢ Dnxe A25 Prepare drainage and utilltx, casement descn[Aions and sketches, if required. A.2.6 Conducl pre-design gemcchnical services, if required (not to exceed $2,000 in sen'ices). :\.3 PRELI.XIINAP, Y ENGINEERING DESIGN SERVICES A31 Prepare Dcsi!4n Rcporl and Pre-design Opinion of Probable Conswuction Costs for a single design alternative Meet wilh Collier County Transponanon Sen,ices to exa~nine option of design of roadway per Collier County standards and prepare meeting minutes. A.3.1 2 Coordinale w/th Immokalee Water & Sewer District (IWSD) for design and conn¢clion options of the Sanitary Sewer System to the existing IkVSD facilities. A313 Prepare and subnm five copies of the pre-design repons summarizing results orA.2.1.1 through A.21.3 and sun,ey location work. Prepare a Preliminary Engineer's Opinion of Probable Conswucnon Costs for single design alternative . SEP g 3 .-\.4 FIN,\I. ENGINEERING I)ESIGN, PERSIIT'FING, AND BIDDING A.4.1 Final Engmccnng Design Based on thc comments from Coumv staff` and IWSD on dcsi~zn report review, prepare final plan and profile construclmn drax¥~nes of' roadway paving, stormwaler improvements, and sannar5' sewer svslcm including residential hook-up, and abandonment of septic tanks ,\.4.12 Prepare and submit plans for Count)' staffand IWSD reviev, C Based on Count), staffand IWSD approval of final construction drawings, prepare final bid quantities. A414 Assist the Collier County Depam'nent of }-lousing and Urbar~ Improvement (H'U1) staff in preparation of typical Count), contract documents including bid form proposal and Count)' technical specifications. Also. assist ItU1 in obtaining appropriate federal f'om',s and requirements to be inserted in the bidding documents A.4.2 Permitting A4.21 Meet w/th the South Florida \¥ater Management District (SF\VMD) and/or Collier County to obtain review agency input prior to design of the proposed surface water managcment/stormwater drainage svstem. Prepare meeting minutes. A422 Prepare permit aN)l/cations f,or Somh Florida \Vatcr Management D/strict (if required) and the Florida Dcparlment of Environmental Prolection for waslewatcr collection system and provide plans to the Collier Count.,,, Transportation Department and lmmokalce Waler & Sewer District for review. Provide responses to rev,ew comments during the review process. All pennit application fees arc to be paid by the County/Owner directly to the appropriate pcnmtting aeencv A.43 Services During Bidding A431 Assist I-i'UI in preparation of advertisement, proposal, prepare addenda, if required, and answer contractor questions as needed to insure accurate bid responses SEP g 3 1997 A4'~S AHcnd and coordinate pre-bid mecllnt~ and prepare mcclina minutes Prepare one master copy and dlstnbme fixe copies of Nd sets to Coumv and plan rooms Issue coples of bid sets to prospecux e hlddersfromConsultant'so~ce, Are~onablefeemaybechargcd to prospectwe bidders to cover Consultant's cost for this ser',ice A.4.34 Prcpare and issue addcndums as rcquesled bv thc Count,,'. A.4.35 Ass/st in btd anah'sis and contractor selecHon as required bv Collier County. A.5 SERXrICES DURI'NG CONSTRUCTION ,\ 51 AHcnJ and coordinate prc-construcuon mcctmg and prepare meeting n~inutcs A53 Attend maximum of four (.l) progress mcct~nes wifl~ Collier Count5,, I\VSD and Comraclor to prox idc technical support as required to assure complmnce wgh contract documenls and timely completion of construction Prepare minutes for each meeting. Pcrfom~ site vis,ts, including observation of performance lesting, during COnSlFUCIIOI; as required lO provide construction completion cemification A 5.4 Review shop drawings and pay requests. Aq5 Prepare an(] Issue chan~¢ orders rcqucsled by thc Counlv. Review, adv~w Counl.v. and conduct cost analysis ofcban~e orders requested by Contraclor A56 Review dcnsilv tests as provided by Contraclor's testing laboralors.' prmr IO submittal Io County. A57 A58 A 5.9 Notify Conlractor of Failed tests and need for retest, if required Obscr','c ',,amla~, sewer sySleln testing and pump stalion start-up Conducl final pro.l¢Cl walk through and prepare punch-Iisi of deficient items. AS.10 Coordinale with Contractor to recti~, outstanding punch-I/st final pay rcqucst/retainagc release. '1997 ..'~ ~ I 1 Prcpar¢ d¢laiicd r¢co~d dra~vings based on Comracmr prox~ded ~nfo~alion ;o documem consimcled produc; A 5 12 Fumishrecorddrawin~smappropna~e~minga~cnc~csandHtJl A ~ 13 ONa~n finatplacemem-~n.~c~'~ccauthonz~tion from appropnate review 3~cnc~cs NOTE~ Technical Specifications w~ll ~equ~re Comracto~ to immediately notify En~neer of any devial~on from s~cifica~ions or plans and ~o main~in accurate record dra~ngs and f~rnish ~hcm ~o En~neer a~ compl,:~ion of~nstmction, SEP g 3 1997 P~. ~ .Schedule It - Allachmcl~l A SCHI-TDUI,E OF 1:1{1.2,5 I'(3N I~A.$I(? .SI{NVICE.c, A2 Gcmcchn~cal a~d Sup,'cying Sen, ices S 20,000 O0(FI-'i A 3 Prel~mmar'. t!;~,_'~n,'¢r~no Desi,.zn S 13,925 O0{FF1 Final l~ngmccl~ng Design, Pennilling. al~d B~ddlng S 39,800.00(FF~ /\ 5 Scr,.'ices l)urlng Conslruction S 1g.775 O0~FI:I TOT.\ I. ('()","I P,..\('T ,\510[~N'F NOT I'() t-2X('I-2ED S 92,500.00(FF) (Fl:) I-'~xcd I'cc per atlached i_abor & l-:.×l)CU.',c I:st~male NOTE: All pcrm~ applicalion fees arc ~o be paid by tl~c County/Owner and arc included in ~hc above schedule of fees. I SEP ~ 3 1997 SCI ll!l)l. J1 f: B ()]: t'()kW}:'N':4.\ l l( ~N Iq I t ,\sc(ms~dc~a~.,r,l,,~l~,,~d~ngBaslcScr',~cc";t~"~c~fluthhcrcm~nPan'~A2'A: :\ 4 and A.5 of Schedule ..\ I)\VNER agrees to pay. and CONSULTANT agrees to ;IL'COpt, lhe lump sum Fcc'..t'. qmx~n on Altachl'nenl ,,\ cnl~ttcd "Schedule Fees for Ba,, c .Sen'ices". P, I 2 Payment For Ba~,~c Stances under Parts A.2. A 3. A 4. and A.$ of Schedule A shall be paid on a pcrcentzwc ofo.~mpletion ha'sis not to exceed 100% oflhe fixed fee for each task. (a) {"axmcnl fo, IAsk A 2. Gcot¢chnica{& Surxcy~n~SerAces, Consultant shall hc p:~,d ,,I ump Sum of S20,OO0 00 upon completion of field su~ck and S? n~ ~lt~ upon completion of ~cotcchnlcal sc~'~ccs, if required l'avmcm I',, I ;~r,k A 3. I, Dcsi~en Report & Prc-I)csi~n Opinion of Prohahic Construction Costs, Consultant ~,hall be paid a Lump Sum of $ 13.q27 (Ill no sooner than 30 days after suhmillal of Design Report and Prc-l)c,,~'.zm ¢)pmlon of ProbaNe Conslructmn Cosls lO Count)'. [L~,,'mcnl lot I ;~',k A.4. Final Dcsi?. Pcnmu~n~. and Biddin~ shall be ~.m a pctccm;u;c ~d'cmnplction basis nol to exceed $ .~9,800 00. Pa),lnents shall commence m~ sooner than .30 days after r¢cctving Count}' approval Io prepare final conslruction plans and shall occur nn more often than mOnlhl,, (d) Pav]m'm for lask A.5, Scr',,ices Durm~ £'on,,trucllon. shall be made pcrccnm~c ofcumplclion basis not Io exceed S 1R,775 00. Paymcms commence m~ sooner than 30 days after axk;ud of bid to contractor and occur n(~ more t~l~cn than monthly SEP ~ 3 1997 SHEDUI]-~ B - A'¥TACHMI'ENT B WILKISON & ,\SSOCIATES, INC. ST..\ND,\RI) I IOURI.Y IL,kTE SCItEDUI {Effective through Conlracl 'Fcrmination/Complctmn~ PnnclpaI,Professional Engineer Pnncipal/ReDstered Land Sur,,eyor Permining,R.e~lamry Specialist .Senior Scientist Senior Biologist Senior Professional Engineer Registered Land Sur,,eyor Professional Engineer CAI) Technician Designer F~cld Representative Project Administrator CAI') Draftsman Admimstrative Assistant Clchcal Assistant 2 Man Su~'ey Crew 3 Man Sup:%' Crew Computer Plot Mylar/Vellum Plots Bond Plots Photo Copies M~leagc Swamp BuE~,/Boat]ATV 102.50,% 82.50/hr 87.50/':u' 87.50/hr 82.50/hr 77.50/1'u' 67.50/hr 67.50/hr 52.50/hr 52 50/hr 47 50/hr 42.50/hr $ 37.50/hr S 32.50/hr S 80.00/hr S 92.50/hr S 50 O0/hr S 1.75/sf S 0.50/sf S 0.20/ca S 0.45/mi 1 lourly.rDaily Scp,'tccs for Expert Testimony wxll be provided at two times thc Standard llourlv Rate no,cd above x~i;h a minm~um charge of 1/2 hour. I'rcparal,on time and supporl scrx. iccs provided by any employee for work in relation ~o ~he expert testimony w~ll be provided at 1.5 times the .Standard l-lourlv lC, ale holed above. SEP 2 3 1997 - AGI No. Irt Z 'N:~UPANCE COVE?AGE (11 The amounts and types o[ insurance c,3verage shall con.'gr.m to, '.h~ to!lowing minimum r~ulrements with the use o[ Insurance Ser'v~ces OIfice (ISO] forms and endorsements or their equivalents The insurance requ:red by this Agree,ment shall be ~,.ritten less than the !~::,:;:~ sr~ecified herein c.r required by law. .~.h:chc-ver is greater (3} Coverages shall be maintained ~ithout ~nterruption from the date el commencement o~ the work until the date of completion and acceptance of th,? Pro]eot by the Owner or as speci[ied in th~s Agreement. whichever ~s longer (4) Certificates el insurance (3 copies} a,:ceptable to the Owner shall be riled with the ~ner within ten Il0) calendar days alter 14otice or Award i:~ received by Consultant ?rofess~onal. Such certil~cates shall contain a provision that ,:,T~e~'.~,]es allorded under the policies ~ill not be canceled or al!,~'*'e,J LO expire until a~. least thirty (30) days pr~or written notice has been given to the Owner. ~:,) ,'..ii insurance coverages of the ConsultantxPrc~','?::s:'-'nai sP.a] 1 be p[-~m.]ry t,:, any ~nsurance or se~ ~ ~nsurance prcc;.:::r, ,:;:: [ ~ed b'/ the C~2.~: aE, p~cab~e to th~s IF,~ Ti-,e ,acceptance by ~ner r~ an'f CerL~cate does not C,:~:~t~tute approval or a~ree:r, ent by the O'~ner that the insurance requirements have been satisfied or that the ~nsurar, ce policy sho~'n on the Certificate of Insurance is the requirements of this Agreement (?1 Consultant/Professional shall require each of its subcontra,?:,:,~-s to procure and maintain, until the completion of the subcontract.::''g ~ork. insurance of the types and to the limits specilled :n th~s Section unless such insurance requirements for the subcontractor are expressly waived in .~riting by the C~'ner (&) Should at any time the Consultant/Professional not maintain the ~nsu;ance coverages [equ~;ed herein, the O~ner may terminate tn,? Agreement or at its sole d~scretion shall be authorized to :)urchase such coverages and charge the Consultant for such coverages purchased. The C~'ner shall be under no obligation to purchase such insurance, nor shall it be responsible for the coverages purchased or the insurance company or companies used. The decision ol ~h,? ~4ner Lo purchase such insurance coverages shall in no way be const:'ued to be a waiver c,i any of its rights under the Contract Documents (S) If the in~tiai, or any subsequently issued Certi~',,:,".te c,: in:.;:;;ance expires Frier io the comple~on ol the Work o~ ,:'. the Agreement the Consultant/Profess;er, al gha[1 furnlsil to the C.:,:nty In triplicate renew'al or replacerr, ent Certiiicatelsl l-:.-~urance not lat.:-:- than thirty (30) calendar days prior to t .: o~ their expiration Failure o[ the Consultant to provide the County w~th such renewal certilicate(s) shall be considered ]ustilication for the County to terminate the Agreement. ~9'ORKEPS' CC, HPENSATION AND EIx, PLO'/ERS' LIABILITY ,/ Fequired by this Agreement? check oriel Yes No (1) Workers' Compensat on and Employers' Liability Insurance shall be maintained by the Consultant/ Professional during the term of thi:-: Aqreement fo:- ,ell employees enaaged, in the work under thxs Agreement ~n accordance wxth the laws of the State of ~lorida The e.n©~.'r:ts of such insurance shall not be less than a Worker's Compensation - Florida Statutory Requirements SEP $1997 Employers' Liabil~t'f Icheck one] Si00 000 Each Accident :S~0, .~00. Disease Aggre,]at~... '3]00 000 Disease Each Emplov~p, _- Si 000.000 Each Accident S1 000.000 Disease Aggregate Si 000.000 Disease Each Employee The insurance com.r..ar,'f shall waive its Plchts of Subrcga' ich a,]alnst the O'.'ner and the policy shall he so endorsed. (3) IJnited States Longshoreman's and Harborworker's Act coverace shall be maintained where applicable to the completion of the ~'ork (check one) _._ Applicable '-//<~ot Applicable 14] Har[time Coverage (Jones Act] shall be maintained where applicable to the completion of the work. (check cne) .... ,-.,. p I icable Not Applicable COMHERCIAL GENERAL LIABILITY Fequired b'/ th~s Aqreement~ (check one1 ¥ e S (1) Commerc:al General L~abilit'F Insurance shall be maintained by the Consultant/Professional. Coverage will include, but not he limited to. Bodily Injury. Property Damage. Personal Injury. Contractual Liability for this Agreement. Independent Contractors. Broad Form Property Damage including Completed Operations and Products and Co~F, leted Operations Coverage Products and Completed Operations covera.]e shall be maintained for a period of not less titan five (5)'/ears following the completion and acceptance by the Owner of the wor[: 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 Occurrence Fire Damage S300.000 S300.000 $300°000 S300.000 S 50.000 General Aggregate Products,'Comp]eted Operations Aggregate Personal and Advertising Injury Each Occurrence Fire Damage S500.000 $500. 000 S500.000 S500.000 S 50. 000 SEP 2 3 1997 ,/ General Aggregate Products/Completed Cperat~cns Aggregate Fers,t. nal and A,j,.,.~r:.::'.nq ir, jury Each Occurrence F~re Damage gl.000.000 S1 000.000 ~ F, OO.O00 $ i 000 . 000 S 50.000 /2) The General Aggregate Limit shall apply separately to this pr,c3ect and the policy shall be endorsed using the following endorsement wording "This endorsement modifies insurance provided uncer the following C~mmercial General Liabil~tY Coverage Part. The General Aggregate I.~mtl. under LIMITS OF INSURANCE applies s.~p,~:-,ately to each of your projects away from premises owned by or t-ent,},iJ to you ," (3) if the General Liability insurance required herein is ~szu,?d or renewed on a. "claims made" basis, as opposed to the ..oc,:u:'rence" iorm. the retroactive date [or coverage shall be no !.]le~ than the commencement date of the Project and shall provide Lha; }n the event o( cancellation or non-renewal the Extended F:eport~ag Period (Discovery Period) ~or claims shall be no less than three (3) years. :::hall be endorsed tidal such coverage s coverage carried by the Owner. The Owner shall be named as an Additional Insured and the hall be primary to ar.':' (5) Coverage shall be included for e:.:plosion, collapse or underground property damage clazms (6) Watercraft Liability coverage shall be carried at the limits show~ above if applicable to the completion of the ~'ork under this Agreement [check one) Applicable '/' Not Applicable (71 4. ircraft Liability coverage shall be carried at limits of S2.000.©00 eaci] occurrence if applicable to the completion of the work under this Agreement. [check Applicable Not Applicable PP, OPERTY INSURANCE - BUILDERS RISK (1) F'ropert,? Insurance - Builders Risk coverage shall be carried by the O~,'ner if applicable (check one) Applicable Not Applicable 1991 f2) The O-'ner shall purchase and matnta::; :n a ,:o~anv c¢,~pan~es lawfuli'~' authorized to do bus;ness :r. :he State of ar;d ~n Collier Ccu:,ty. property insurance i:-; tr.e amount ot ~n~tlal Contract S:;~ az we~l as subsequent modlfzcatlons theret,u the entire Work at the site on a replacement cost basis ~lthout voluntary deductibles Such property ~nsurance shali be mashie:ned. unless otherwise provided in the Contract Documents or otherwise agreed in ~riting by all persons and entities who are beneficiaries of such insurance, until final payment has been made or until no perscn or efltit¥ other than the Owner has ~n insurable interest in the property ;equi;',~d to be covered, whichever is earlier. This ~nsurance shall include interests oi the O~ner. the Contractor. Subcontractors. Sub-:{ubcontractors and Material Suppliers in the Work. (3) Property ~nsurance shall be on an all-risk policy form and shall insure against the perils of fire and extended coverage and ~,hys~cal loss or qamage ~ncluding. without duplication of coverage. theft, wind and ha~l. vandalism, malicious m~schief, collapse. falsework, temporary buildings and debris removal including demolition occasioned by enforcement of any applicable legal requirements, and. at the Owner's option, shall cover reasonable comF, ensat~on for Consultant/Professional's services and expenses :equ~re,J as a result cf such insured loss A~ the Owner's option. flood insurance w~ll also be purchased. SEP ~ 3 1997 f.¢) The property insurance ::,rovided b'f the C'~'ner r.-,iu~res minimum deductibles and the Consultant shall pay costs not covered b~, the dedu,ztib!es The responslb~llt,/ of the Consultant lot any deductible associated ~ith the all-r~sk policy described above shall be limited to a maximum ~l Sl.O00 tot each occurrence unless higher deductibles are iaenti~.ed in Exhibit C el the Contract Documents. The responsibility el the Contractor for any deductxble associated ~ith the /1ood insurance identified herein, i~ purchased by the C~'ner. shall be ~imited to a maximum of $~,000 ~or each occurrence unlez~hicher deductibles are identified in Exhibit C of the Contra<' E'o,cumen t s 15} Th~s property insurance shall cover portions of the Work stored oil the site after written approval o[ the Owner at the value established in the approval, and also portions o[ tl~e Work in t~ans~.t I~) ~5oi]e~ and Machinery Insurance. The Owne~ shall have the option o~ purchasing and maintaining boiler and machinery insurance required by the Contract Documents or by law. ~hich shall specifically cover such insured objects during installation and until ~nat acceptance by the O~ner. If purchased this insurance shall ~nclude interests of the Owner, Consultant. Contractor. Subc,-.;,'.r,~,Ct,t,r:- and Sub-subcontratol-s in the I~ork ^~PA'TA~ SEP ~ ~ 1997 (7) waivers of Subrogation The Owner and Consultant waive all rights against (1) each other and any or their subcontractors. sub.-subcontractors agents and employees, each of the other, and the Professional i'rofessional's consultants, for damages caused fire or other perils to the extent covered by property insurance obtained pursuant to this or other property insurance applicable to the Work. except such rights as they have to proceeds of such insurance held by the C~'ner as fiduciary. The policies shall provide waivers of subrogation by endorsement or otherwise. (8) A loss insured under Owner's property insurance shall be adjusted by the Owner as fiduciary and made payable to the Q~ner as fiduciary for the ~nsureds. as their interests may appear. 9} If Butlders Risk coverage is applicable the Contractor shal be responsible for the following maximum deductibles per occurrence per paragraph (31 above fcheck o.e) All Risk Policy - S1.000 maximum deductible All Risk Policy - Naximum deductible of $ Flood Policy - $1.000 maximum deductible Flood Policy - Maximum deductible of $. AUTOFIOBILE LIABILITY INSURANCE ?~u~red by this 2,~reement* (check oriel '~'e~ (Il Automobile Liability insurance shall be maintained b'/ the Consultant/Professional [or the ownership, maintenance or use of any o~'ned, non-owned or hired vehicle with limits of not less than: (check one) Bodily Injury &[Property Damage - S 500.000 Bodily Injury & Property Damage $1.000.000 /2) The ~ner shall be named as an Additional Insured under the policy. UHBRELLA LIABILITY [1) Umbrella Liability may be maintained as part of the l~ab~lity insurance of the Consultant/Professional and. if so. such policy shall be excess of the Employers' Liability. CoMmercial General Liability and ~,utomobile Liability cove~-ages required herein and shall include all coverages on a "following form" basis. SEP 2 3 lgg7 [ (2) The [.oilcy sha]! cc, nta~n wording to the et',e,_~', tha~. in the evenL ol the exhaustion ol any undellying llmJ~ due to the payment of ria:~,s t,,. Un,k. rella policy '.'~ll "~cp do'.'n to a~c,:', as primary ~nsurance (31 The General Aggregate llmit, if applicable, shall apply separately to this project and the policy shall be so endorsed. PROFESSIONAL LIABILITY INSURM4CE F:equired by this Agreement? {check one) /Yes 14o (1) Professional Liability Insurance shall be maintained by the Consultant/Professional to insure its legal liability for claims arising out of the performance of professional services under this Aqreement Such insurance shall have limits of not less than' (CHECK ONE} $ 500.000 each claim and in the aggregate _'~ S1.000.000 each claim and in the aggregate S2.000.000 each claim and in the aggregate each claim and in the aggregate SEP l~ 3 1997 Any ded'~ct:b!e applicable to any claim shall te the sole resF,ons~bilit¥ o! [he Consultant/Professional and shall no[ be than S50 ,.JO e,ich claim. (3) The Consultant/Professional shall continue this coverace for this Project for a period of not less than five (5) years following completion and acceptance of the Project by the Owner END OF SCHEDULE D. SEP ~ 3 1997 SCHEDULE E T-RLFFH IH I~GOTIATION C-~RTIFICATE In compliance with the Consultants' Competitive l~e§otiation Act. Section 287.055. Florida Statutes. Wilkison & Associates. Inc hereby certifies that wages, rates and other factual unit costs supporting the compensation for the engineering and surveying services of the CONSULTanT to be provided under the Professional Services Agreement. concerning Engineering Services for Infrastructure Improvements to Shellabarger Park in Immokalee are accurate, complete and current as of the time of contracting. Wilkison & Associates. Inc. President BY' David S. Wilkison. P.E.-- Date: SEP ~ 3 1997 . EXECUTIVE S UF24ARY REQUEST TO APPROVE FOR RECORDING THE FINAL PLAT OF PELICAlq STRA~FD REPLAT - lB OBJECTIVE: To approve for recording the final plat of Pelican Strand Replat lB. CONSIDERAT_ IONS: The Board of County Commissioners on May 20, 1997 approved the final plat of Pelican Strand Replat with the stipulation that the plat not be recorded until security was provided to ensure completion of the required subdivision improvements. FISCAL IMPACT: The fiscal impact to the County is none. The project cost is $1,105,526.25, to be borne by the developer. The security amount, equal to 100% of the cost to complete the remaining improvements and 10% of the total cost of the project, is $1,216,078.88. The developer has provided an irrevocable letter of credit as the required security. The County will realize revenues as follows: Fund: 113 Agency: County Manager Cost Center: 138900 Development Services Revenue generated by this project: Total: $53,283.88 Fees are based on a construction estimate of $1,105,526.25 and were paid in January and May, 1997 and are reflected in the Executive Summary of May 20, 1997. 'O Executive Summary Pelican Strand Replat ~ lB Page 2 .G_B_qWTH ~52.'4AGEMENT IMPACT: None RE COM~4EN~DATI ON: That the Board of County Commissioners approve the final plat of "Pelican Strand Replat - lB", with the following stipulations: 1) Accept the Irrevocable Standby Letter of Credit as security to guarantee completion of the Subdivision im~provements. 2) Authorize the recording of the final plat of "Pelican Strand Replat - lB". 3) Authorize the. Chairman to execute the attached Construction and Maintenance Agreement. That no Certificates of Occupancy be granted until the required improvements have received preliminary acceptance. PREPARED BY: John R. Houldsworth, Senior Engineer Engineering Review Date REVIEWED BY: Thomas E. Kuck, P.E. Engineering Review Man~er ~hald/~. Arnold ' / Director - Pla~ing Sel~>~es ihcefi~ A. ~autero, Administ~a~r Co--unity Development & Environmental Se~ices Community Dev. and Environmental Svcs. DIVISION JRH: ew Date Date Date NO. ~ SEP ~ $ 1997 P~, ~ ,S TE.- ...'- :. · ROAD .--. CCNTCR. BRE N I~SK)O BOOK;..-:,:;' ';'~ '. · ": "'.'. '~.,' 'f'.':' .'; :" . .'" "'" !,~';~.'"" .' ;~-:".,":~':~ 1'-:';, .~: :. '-:~ ~,'.:',':'-.'[;r": - ' 4:-"-',."' ..... '""'"" :' ' ' ..... :'~' '": ' """ '"':".:-':'"' ': ' ':":,'¢,5~ -" "~:,;' '~-" ~4". '. ~. WARD :.- ..... ... .... -~ ,---.::.. '.,-.-.;~-'~. .... :.... -~ .:,.: - · -. · .., ........ ,., .: LEGEND ... ..... :.,.,. .....,......~. COLLIER cOUNTY LAND DE\rELOPblENT CODE CONSTP, UCTION AND MAINT'ENAI~CE AGREEMENT FOR SUBDIx'qSION IblPROVEblENTS THIS CONSTRUCTION AND N~NANCE AGKEENff-Nq' FOR SUBDWISION D.~pROVENff-.NTS entered into this ._______----day of ~ 19 ~ bet~veen Pelican Strand Ltd., a Florida Limited Partnership hereinafter referred to as "Developer," and the Board of County Commissioners of Collier County, Florida, hereinafter referred to as the "Board". RECITALS: A. Developer has, simultaneously v, ith the delivery of this Agreement, applied for the approval by the Bo~d ora certain plat ora subdivision to be known as Pelican Strand Re?lot-lB. · Counw Land Deve opment Code requires the Dcveloper to post appropria:e . B. Di;%ion .3.2 of the Colher . ., . ..... .;.o.~ ~, said subdivision regulations, said g.~.a, ntees to be g-fia~antees for the construction of the u-nprovemems xc~.~ b~ incorporated in a bonded agreemenl for the construction of the required improvements. NOW TH£REFORE, in consideration of the foregoing premises and mutual covenants hereinafter set fortl~ Developer and the Board do hereby covenant and agree as follows: 1. Develo?er will cause to be constructed the Required Improvements within 12 months fi.om the date of approval said subdivision plat, sa;,d infi.astmcture (water, sewer, drainage and roadway) improvements hereinafter referred to as the Required Impro%'ements. 2. De~eloper herewith tenders its subdi~-ision performance securi~' (attached hereto as Exhibit "A" and by reference made a pa~ of hereof) in the amount of S 1,216,0'/8.88 which represenus 10% of the total contract cost of completed construction plus 100% of the estimated costs to complete the Required Improvements at the date oft.his Agreement. 3. in the event of default by the Develo~r or failure of the Developer to complete such improvements within the time required by the Land Development Code, Collier County, may call upon the subdivision performance securiD' to insure satisfactot2:' completion of the required improvements. 4. The required improvements shall not be considered complete until a statement of substantial completion by Developer's engineer along with the final project records have been furnished to be reviewed and approved by the Development Servkes Dh-ector for compliance with the Collier County Land Development Code. 5. The Development Se~'ices Director shall, v. iL~n sixty (60) days of receipt of the statement of substantial completion, either: a) notifi:' the Developer in writing of his preliminary approval of SEP 3 3 1997 ;he impro,,,emenls; or b) notify the Developer in ¥,,'riting of his ~efusal to approve improvements, there¥,'it'r~ specifying those conditions wNch the Developer must fulfill in order to obtain the Director's approval of the knprovements. However in no event shall the Development Sen'ices D;,rector refuse preliminary approval of the improvements if the.,,' are in fact constr~cted and submitted for approval in accordance with the requirements of this Agreement. 6. The Developer shall maintain all required improvements for a minimum period of one )'ear after preliminary approval by the Development Se~qces Director. After the one year maintenance period by the Developer has ten'ninated, the Developer shall petition the Development Services Director to inspect the required improvements. T'ne Development Services Director or his designee shall inspect the improvements and, if found to still be in compliance ,,,.4th the Collier County Land Development Code as reflected by final approval by the Board, the Board shall release the remaining 1 0% of the subdivision performance securi~.'. T?,e Developer's responsibility for maintenance of the required improvement~ shall continue unless or unlil the Board accepts maintenance responsibility for and by the County. 7. Six (6) months after the execution of this Agreement and once ',,,5thin everysi.x (6) months thereafter the Developer may reque~, the Development Ser',ices Director to reduce the dollar amount of the subdivision performance security on the basis of work complete, Each request for a reduction in the dollar amount of the subdivision performance security shall be accompanied by a statement of substantial completion by the Developer's engineer together · ,:ith the project records necessao' for review by the Development Services Director. Tke Development Ser¥ices Director ma.',' grant the request for a reduction in the amount of the subdivision performance securio' for the improvements completed as of the date of the reques:. 8. In the event the Developer shall fail or neglect to fulfill its obligations under this A.~eement. upon certification of such failure, the County Administrator ma.',' call upon the subdivision performance securiP:' to secure satisfactory completion, repair and maintenance of the required iw, provements. The Board shall have the right to construct and maintain, or cause to be constructed or maintained, pursuant to public advertisement and receipt and acceptance of bids, the improvements required herein. The Developer, as principal under the subdivision performance security, shall be liable to pay and to indem..qi~' the Boa.rd, upon completion of such construction, 'one final total co51 to the Board thereof, including, but not limited to, engineering, legal and contingent cos'ts, together v.-ith any damages, either direct or co.~sequential, which the Board ma.,,' sustain on account of the failure of the Developer to fulfill ail of the provisions of this A~eement. 9. All of the terms, covenants end conditions herein contained are and shall be binding upon the Developer and the respective successors and assigns of the Developer. IN WITNT. SS ~Vq-{EREOF, the Board and the Developer have caused this Agreement to be executed by their dui>' authorized representatives this ~ day of ,19 · SEP 2 3 1997 p~. ~ SIGNED, SEALED AND DELIVERED IN Ttq'E PRESENCE OF: ATTEST: Dwight E. Brock, Clerk Pelican Strand Ltd., a Florida Limited Partnership By: Pelican Strand Development Corporation, its General Pa~ner, BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLOR[DA Approved as to form and legal sufficiency ttomey Timothy ~Hancock, Chairman ','. :'!. ! :, :'. ii:. :!'-:.;., ..... :..,' .... ..~, . · : :'~:,;'.~.. ,,...~..,...~.':. . . ~'~::",":. -.. :."~..:-- ,:¥':" "-~."..':' '.:' ' :. ~.'. ~.~'~?..:.C~; ~ '~'--:.~' ~:: -'.-',".~' ~:- ' "' · · ' ' · ~ . ~ :.'~' . .~ . R .... . ,, .., ~:'o~' ~a~ona~' Ban , :' ..' ;.:., ' ::'~'-'"< ',2:;L;:::. '.:;;:.,...;' .... ~.' '"- -, . : . _ . · · . . ,,:. · :'{ :~ ~ .,:7.Zt~'; ,?.~ .~. ~.-. ,*: L' ' -~g' · · ,, . n~eEn ..'. P ,,.. ...., ..,.,.-.- , ~ ' :~. ~: ~ · ;- ~. ,: .'-.. . - - . ~ ~'~)..;: J,,'.'' '. ~: .. ~.~ '~:l']:Chere~f:er be au:oma~c~lly .rene~e'd:'for ~u~cesg'l~'e;''':'~) - ,ear ' b~iods .an 'the ~nnfversary '.6f ";,-~'~"'- , - .--' ....... h 'nn'n/~e~'/~L::'d~e:?]]0'e''d°~fy,E~he ' "' % ::::~;:A~'n~:6:~;t~'f'~':;'~e'tfe'F-Fo'f'<Ck"e'd~t.~ .:'{~::;3~7~'~<I~:~(~?/'.~ '.'~"-!~"~'"';~ ,. '.:':~;'~:t..," '.'v'4,;.'c :" :, .' · . .-' . ...... -~ ~" '.?:~" ~,,.& .:10621--~Lrpor.~.Putlzng:Rd.,N-~FL.-;,3~ ..-. ~:;'~:':'~g'~{%F4~¥'.~The Board ,of. Coun~),.-Cpmm~s~o~.et~.,..:Col~te ;'t ¢.unty ~.;...... .:.~ ..,~ :N;':~;'¢':;~,''-?~-''''*"-'/''~ -' - - ',' - "';;' .---, '~f'~**o'rn¢-'' Co~ie' County .Courthouse :Complex,..flaptes,' hLor~.oa'.~.~.:' .~ -_.' (" .~,';;:.~:..: ;-- ,,: : . ,'-:..~.. · ,-....,, ~ i qzlt2on 7ua Hund ed S~xteen Thou and .... -;Seventy E~gh~ Bolia"s and E~ghCy Eight cents) ~n the aggrega[e . · - ''~' ~,:thereo¢. ;.. ...:-.: :-~.::-.~.-~',,..:;~.~'-~:.¢:;:.'..:'~" . - ' ' ::Credit available u1ch: Huntington H'at~'onal''Bank:~t Sou~h'H~gh "-' ' '- .j~. ........ t~', " 'reef - .. .- .... - ' - - · . ' -. ~::.. 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' ....... , ... .... ,. .. : .. . , .;.. .. ;,.. .;c . ~;,4~',;:,,....~.,. f,...... , ..- . t: ' ',.: ; ' ,._'f~']. -:- ,. ~'l' . '_...'/.unt~.ngton N~t~onal Bank ,: ..... . ".'.'": '.-". '. : ' ' ' . ." .". ' Author~Z ~gnature ;. '.:;'~::"."-':.~..' . ; ,'-.~:. ,....~ ,.~;.:-.,: .... ~[ · :';-:.::~.:~.~:: .t;.~":,~:....- .,~:.-.? .:.....: ..... :.- ....- ~;: . . . .';t''.'-...;.. ': ;.~, ~q~z/.'.-,..; '.'::' '...,'' ,::'~'.' .:.: . . . ...... -,~:,'~- '.. E:;.'.5.~'.,-,~'~2¢:;.,;]¢,k..~?~:, ~,~;;~$~)~ >~;~' ,,,- ~:. .... , ....... . . .., . ~.,¢*.1~.;,~--J-,;~;:a.;~-,,~s :. ,.~'~,,~, ~.~ ' *~ '~ "f" J:'~: *; ;":' ~ ': .... ' ~*': ....':::" .... . ..., _ .... ~,~ ~-c~,~.,' ...-.".-~q'~,~%..z'-' ... ' .< ' · · - ' ~. ' ~ ,. ..} ~..7:"-.1 -.'¢W FT A. ddres~ : -. ' '.. _..'* .~J-'-.': ,: ,--",~ ' '. L' ..z,-:1 ' '- '''~'" -.' . - · '~ ' ''. . . '. -, . '~', ,,.--;'.' ....,,: ...',, .... ,.- ..... ..'...! .... '.:;;.-,; ....' d...: .... ~'.:' '.~-.I''""'' :':;.':"'' ;:'?c ~ . ' ..... '. 7. :.:: ., ,-f,, .;;~'.~;,, ';:.; :-:!";' · · ' :':;.]~? : . ;: '..:' ..: . :-_ ,;....;~: . . ....:;...; ~. ,.~:; ,, .. · . .... .L..~:-' .; ;:, ' ',4' .,~'.':;':" ~;. : ... ................... .'I:;~;~*:.. -:':':?,':*.~c~;' ~...,L::, . . ~ -~ .......-.:.:': .. ;;.;.,__.:.! :" ,, ........................ ... · -...-.,.,. .... 1~;;.' : ''. :olumbu$,.-OH.;'43216 ~ ~;.,,.:.'.:-.~ ~%;: :.:~ ?.~.-, : ...,; ~!... ~.; "q~; ~-*....': -; g-~. ;. .; : .' ,..;,: ~_.: , . ... ...., . . · , :,'~', ,.; .: :,.-.~ ...,,.: ........ ;;..:~..; !-': :; '.- .,'.':;;4.. ,, '.~.}'.,.: :: ..... . . ;;'4:;. ; · - . ',.'.:'-~ .... -. ',. *; ~ ' '; . -' ~.. .,'.,,,~.~ ..,-~.-L,:-'h.!~ u<~'.'-.' .,-'; '..~,;.-. ::..;:l.. I~'" '"THE BOAR'D OF' COUNTY"COI'I~I$S .-: I ".. ;'~..:. s. -': -; .-. .: .... .~.'~.' -" ..... ~::::~,,:,~-;,~:'..:.'.'..-.--'-'~ :'.-' ., ".' :..'. ': :~... . ':..;4~> ;; .......... . .... ~;, '.':;' :: · ' ' ..... .'-.' .... '."~"-":;'~'.;'4 .'i.;.:-.,~ ~,,:,~ .... *~....'~..,~.. ...... · .,~ ,I ...~. ~! J'.~J :;'.' ' .' ;'.: "' ' --'- ' ' · .... '! %" : "':- ":,"'' ' ' .. ':':::: ' i:"..:;' · ~' ::'..' .-v~i.~..';-.~ :. ;- ' ~.;'c/..~,: . · ..,..';,. .." ,iS i~;~.~";!?'!' : ....... ,'.:'-' '" ; ':'" . '"-'" ; .'' :':": '- I: ~ '~ : ' be hereby 'amend our l'r, re'uocabZ'6 ~t.'" :'.i. ssu'ed in'')~our 'favor fo~- :~he accodF{t:";.o L. ': .. '.~.. . .. :...'-' ,..:.~;' ~ :..-'-:;~,:.'.~;...,s~;:~;'.. ',.,..m--~..'¢.!~;,': ; ' '.-.,'. .-..;o .;~., 4 .. ,. .... ... · , · · -... -..-. .... , · :.'' .'. ' '' . , .. ;' . . . .. '-';' ' '~"' ;~ ""' ~ ........ ;~*~;;.,~.,",;;47~a'.;~;;,* ~'-', ' ' ' ~. ".." :'. I' ': .... OeLete 'from uord,ncj ~n..text o?.~las.t~paracJr,?p,h.~**, .... ,,$'-:,~,...~,::'..' ...... o."'."..'- ~: .;'b;;*v~. ~;, ~ ~'*tZ-' ~* e-oaC~:"~'h'~'~ L;%ei'9'~e~'~;/dd?lYe"&~;de':';~'fF';.~:'~C?'~4'''*' ;;~'~"'*;;'"" ':*: · ~: "-';-~, '~,, '~*~'~''of the"S~:~;e of-:Ohio~-'and,".,shaI1; -'.~'..':.~:'.~.;,'." -,':';';' : ' ' '.; · .a~ to matters-not-governedrby,'the;Unff°rm':'Cust°ms''~''' ""'::' :'"': ' i 'be governed by,and construed L~delr':the':lCU~"of'jthe" ";:' -; ! - ' I{ State of Ohio. ' · ,:', " '::~'i'!}!''~.'--:~"':'-;!''i.': ~ :' ': '' ' '";'' "~: . '.~ ....,..,...: :':,.:.-.:.:..::. : . - : ;- . -All other' ter~s and con~l'~t~ions'i~main'"un'cl~an~d-l:';-;";;'; ;'~.'''' '. . . . . ~,.,;-,~.,'~J ...;;'?...'..~-.;~,.'~. ":;..:: : . ; ;...i-.~ ;. - -' : '--; .. ~".~;.:';"~'::'kl; ,~J~'"~.':~':'~,;/"~;"'"'":: ;~s '"= -:"'~'~"' ' ' ' · .: · . . : : ::.. .. .:... ....:.. .... ~'::-.:.~'~f':.~;-!..!:l.;~t,,~,;.;.::~.~<' :. !~.::.. .. ¢ ;"'l':-·" .... "';h'~ .... :":3 ~¢,;~::;'.:¢h~4~'Z.q'.' '.'~' - '-£:~'. ' ~,' ;-" :~' ~' '~-'-t .... .... ~ L,.,..~?, .':'.:',::;:&:: ,'4.,~ ,? s~.i~:-' .. - .... E X__~TIV E .~UMMARY THE BOARD OF COUNTY COIVtMtSS!ONERS APPROVAL OF AN AGREEMENT WITH THE ECONOMIC DEVELOPMENT COUNCIL OF COLLIER COUNTY, INC. (EDC) TO EXECUTE PHASE II OF THE ECONOMIC DIVERSIFICATION PROGRAM; AND PROVIDE A CONTRIBUTION TO THE EDC OF UP TO $2.50,000 FOR FISCAL OBJECTIVE: To have the Board of County Commissioners approve an Agreement authorizing payments to the Economic Development Council of Collier County, Inc. (EDC) to execute Phase II of the Economic Diversification Program beginning 10/1/97. CONSIDERATIONS: On September 17, 1997, the Board of County Commissioners adopted the Fiscal Year 1997-98 budget implementing the public/private partnership between the County and the EDC, known as the Economic Diversification Program. The Program was established to increase year round high wage employment opportunities for county residents and improve the economic stability of Cotlier County. FISCAL ;MPACT: The Economic Devetopment Council is committed to providing 5250,000 as the private sector participation in the Program. The County, through the adopted budget, has agreed to appropriate $350,000 to the Program which is included in the FY 1997-98 Housing and Urban Improvement Department's budget request. Up to $250,000 of the County's appropriation w~ll be contributed to the EDC on a reimbursement basis beginning 10/1/97, as prescribed in the attached Agreement between the County and the EDC. GROW'TH MANAGEMENT IMPACT: The Collier County Comprehensive Plan does not include an Economic Development Element. However, the Board of County Commissioners has identified economic diversification as a Strategic Goal which will serve to strengthen the economic viability of Collier County. I SEP ~,3 1997 EXECUTIVE SUMMARY September 5, 1997 Page Two RECOMMENDATIONS: That the Board of County Corf~missioners approve the Agreement between the County and the EDC for FY 1997-98. '- Helene i~aseltine, Economic Development Mgr. ~ G~eg/~a'~i~/[~ir~t~r Date Hou$in~nd Urban Improvement cent ~. Cautero, AICP, Administrator Community Dev. & Environmental Services Date Date 1 2 3 4 5 7 AGREEMENT THIS AGR.:.'-'E'JvSL'~T is entered into this __ day of 1997, by Co, er County. Florida, a political subdivision of lhe State of Flohda, through its Board of County Comrrd&sioners, heretnaf~er referred to as the "COUN'T~', and the Econorrdc Development Council of Co]lier County, Inc., a Florida not-for-pro~ corporation. hereina~er referred to as the 8 Wn~NESSETH 9 VV}-[EREA~, the Legislature of the State of lqorida, Enterprise Florida and the ]0 County determined there is a need to enhance economic activates in the Slate and 1] CoLlier CounTy, by retaining, expanding and ar[racing h~gh wage jobs through ]2 economJ, c diversil~cation and development in order to promote a stronger, more 13 balanced, and s~able economyl and 14 %~. to Lmplement Ibis goal the State beg~slature has adopted Chapter 159. 15 Florida Statutes. including the Revenue Bond Act cf 1953. the F']or~da Industrial 16 Development FinancLng Act, and Industrial Development Authorities. Housing Finance 17 Authorities. and Research and Development Authorffies; and 18 V~. the County now funds and delerrnines that il is in the public interest o[ 19 the cW. zens of Collier County to assist the EIDC through this contrac~ in the EDC's 20 business diversi~calion program to expand the County's tax base. lo expand the 2 ] employ'~en! oppor~Umties of the residen!s cf lhe County. to increase economic mobility 22 for residents and thereby reduce the associaled burdens placed on local government 23 and the private sector taxpayers; and 24 VfI-[ERE.A~ the EIDC. is a private not-for-prob; corporation created by the 2~ Ln~;iative of ~he private sector business community for the purpose of reta~rk,ng. 26 expanding and recnUting high wage jobs for Co,er Co'unryl and 27 VCHERE. AS. the EDC performs many business divers~cat~on activities which are 28not performed by the County and which are essential to successf'u] business 29 diversification tn Co]iier County and 30 Vf}-{5:RE~£. the County recogrhzes that successful business diversification 31 req~res conSdentialiry '¢v~th respec~ to the plans, objectives, cnteria, and corporate 32 in.formation of business candidates for retention expansion, and recruhTnent and that 33 such con.Sdenthality is in the public interest o[ the citizens of Collier County. and 34 't;~qSiRF_~.,S, the County fnds that it ks essential to the public interest to have an 35 appropriate accounting of ~e expenditure of pu.bLic ,%.rids, especially by a non-pubLic 36 agency such as the EDC and 37 1 AG[~DA~rrI[M~, SEP Z 3 1997 PI. ~ 38 VVHERF_3£, the Legtslature of the State of Flohda has recognized in Section 39 812.081, Florida Statutes, and in other prov~ions of said statutes, the pubTdc interest hn 40 m~:~ntaining certain cordSdenfiality in the business dSversification and developmem 4] process, and 42 'VV~, the County ]5.ncks the EI)C m an especially appropriate entity to 43 facilitate bush%ess diversificalSon and development Ln Collier County which includes 44 providing bu.sines.s candSdates with the type of con~dential as. si.stance which is essential ,45 to successful bustness diversification and developmentl and 46 Vv'}{EREAS, pursuant to the Florida Industr~ai Development Financing Act, Part II of 47 Chapter 159, Florida Statu~es, the County is permitted to issue Industrial Development 45 Revenue Bonds: and 49 VCr{52RF__.AS, m connection with the performance of its responsibilities, the 50 Industrial Development Authority (fDA) receives, investigates and re'dews applications 51 from various parties seeking issuance of such Bonds, and 52 Vvq-~RE. AS, the EDC performs certain functions on behalf of the IDA in reviewing, 53 processing and/or presenting such bond applicationsl providing continUing 54 administration with respect to Bond issues which have been placed, and performing 55 other specified functions: and 56 \V}-r2EREAS, it is in the best interest of the County to enter into a contract with the 57 EDC to conduct activities in accordance with the terms and conditions set forth herein, 58 and '~VHE[REAS. the EDC has irt the past and will continue in the future to expend 60 substantial sums from its private sector membership dues to promote economic 61 diversification; and 62 'vVH]ERF_.AS, the business commUmrf in Collier County annually pays 63 approximately $ 450,000 00 to the County in occupational license lees, and 64 ~VHEREAS, the County has appropriated for the County's Fiscal Year 1997/1998 65 (October 1, 1997 - September 30, 1998), the sum of Two Hundred Fifty Thousand and 66 00/100 ($250,000), to the EDC, to conduct economic diversiScadon and development 67 activities 1997 69 70 7] AR'I~C_~ 1 72 a 73 74 75 76 77 78 79 b 80 81 82 83 ARTICLE 2 84 85 86 87 NOW, THEREFORE, in consideration of the mutual prormses a.nd convenants contained hereto, the parties hereto agree as follows: 88 89 The County hereby grants to the EDC $ 250,00000 for the term of the Agreement for the EDO's business diversification and development activities, conducted in cooperation ,.vith the County, as generally described in the Summary Budget attached hereto as Exhibit "A". The payment of the County's grant shaU be made to the EDC in bimonthly m.slaliments, (to be interpreted as twice a month), as expenses are accrued, cornmenchng with the first month of this Agreement. 90 91 92 93 The EDC shall, prior to the 18th bi-monthly installment, (to be interpreted as the 9th month) certify the amount of EDC private funds obtained and written commitments received for ,%rods payable during the pending contract year for the previous nine months 94 95 96 97 98 99 100 The EiDC shall on behalf of the County' 101 102 103 104 105 Establish and maintain staff to process investigate and review business candidates of firms which will retain, expand and / or create high wage jobs in Collier County b Provide business promotion collateral materials and business assistance se,'Xaces to business candidates Use its best efforts to obtain high quality supplies and services for use in the performance of these services at the lowest practical costs and shall expend fi.rods in accordance vrith the Surmmary Budget anached hereto as Exhibit "A" d Furmsh the County Administrator with a quarterly narrative progress report on the program and activities described in Summary Budget attached hereto as Exhibit "A" Such reports will contain basic statistical information relevant to the economic diversification pubhc/pnvate pannership program and a statement of expenditures made in each budget category and line item identified in the Summary Budget attached hereto as Exhibit "A" Furnish an annual report of expenditures of County funds in such form as the Clerk of Courts vviJ] prescribe This report wi]l be on a fiscal year October 1 through September 30~ and wi] be due on Nover~ber each year / ' 3 ~$EPg3 1997 / 106 107 108 109 110 I11 112 113 14 15 16 17 18 19 20 21 22 23 24 25 26 27 g Agree that any equdpment purchased in accordance vhth this contract wb2ch has a mn.it cost of Three Thousand Dollars ($ 300000) or more will be taken up on an inventory record by the EDC and inventoried at least annually. Upon the expiration of the useful life of such equipment or upon the expiration of the aforementioned contract, whichever comes first, such equipment will be transferred free and clear of all liens and encumbrances to the County or disposed of as authorized in writing by the County. EDC agrees that any funds provided by the County for the operations of the public/private partnership for economic diversification program during the period October 1, 1997 through September 30, 1998 which are residual funds remaining unspent or unencumbered by any eximing (not contingent) legal obligation will be returned to the County in the form of a negotiable instrument not later than ninety (90) days at~er the close of the aforesaid period, except that when the EDC continues to receive a misce~2aneous appropriation from the County in the next fiscal year, a lJ. mited amount of residual fi.rods may be carried forward Rom September 30 to October 1. which will not exceed 10 percent (10%) of the current appropriation To the EDC or $ 500, whichever is greater. The County appropriation for the new fiscal year will, however, be reduced by the amount of the unencumbered residual funds so carried forward. Any additional unencumbered residual funds will be returned as provided heremabove 128 AR~CLE 2 129 130 131 132 2 133 134 135 136 137 138 139 3 140 141 142 The term of this Agreement shall be for a period of one (1) year to begm October 1. 1997 and end on September 30, 1998, unless earlier term-mated m accordance with paragraph 2 below E~ther part'/may term. mate this Agreement upon one hundred eighty (180) days Wnnen notice to the other of its intention to terminate. In the event of termanation, the County shall pay for sermces and costs incurred, prior to the date of terrmnation With regard to the portions of payments made to the Board in excess of the services and costs incurred by the [:DC prior to the date of terrrunation, the EDC shall ferret to the County all of such excess portions Afler termination, and except as other~se directed, the EiDC shall Stop working under the Agreement on the date, and lo the extent specified, in the notice of termination A¢£[q~^ rr£}a-, SEP 2 3 1997 P~. 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 t60 161 162 163 164 165 166 167 168 169 170 171 172 173 174 175 176 177 178 179 180 181 ARTICLE 4 ARTICLE 5 e Place no further orders or subcontracts for materials, services or facilities, excep! as may be necessary [or completion of such portion of' the work under the Agreemen! as is no! terminated. Terminate all orders and subcontracts to the ex'lent that they relate to performance of work which was terminated. Prepare all necessary repons and documents required of the terms of the Agreement up !o the date of termination, including the final report due at !he end of the program, if any, withou! reimbursement for services rendered in completing said repons beyond the termination da!e. The EDC shat] given writlen notice of its intent to renew said Agreement to the Board o[ County Comrn~sioners no less than one hundred eighty (180) days p.'Jor !o the expiration of' the Agreement, as necessitated by the County budget process. Waiver by either party of the breach by the other party of any provisions of this Agreement shall no! be deemed a waiver of any other or subsequent breaches and shall not be construed to be a modification of the terms of this Agreement The parties deem the services to be rendered by the EI)C for !he County under !his Agreement to be personal in nature. The EDC shall not assign any rights or duties under !his Agreemen! to any other parry without wri~en permission of the County. If the EDC attempts to assign any rights or duties without prior wntlen perrmssion ot' the County, this Agreement may be declared void by the County and the EDC thereupon agrees to rerrut lo the County all payments made pursuan! to fi-ds agreemenl for the entire term of the Agreement The EDC shall not enter into agreements with subcontractors for any of the work contemplated under this Agreement without first obtaining written approval of the County subject to such conclitiorm and provisions as the County may deem necessary; provided however, that notwithstanding the foregoing, unless otherwise provided herein, such prior written approval shall not be required for purchase by the EDC of such articles, supplies. equipment, and ser'mces which are necessary and incidental to the performance of the work described herein. The requirements of this clause shall not be deemed in any event or manner to provide for the recurrence of any obligation of !he County by any actions of the EDC 182 183 184 185 186 187 188 189 190 191 192 193 194 195 To the fullest ex'tent permit'ted by law, the DC will inderrmify and hold harmless the County from and against all claims, damages, losses, and expenses, including reasonable attorney's fees and costs, arising out of or resulting from the performance by the EDC of its responsibilities under this Agreement. The EDC is hereby declared by the parties to be an independent contractor for the performance of the econorrdc diversification and development activities and will be responsible for the initiating, maintaining and supervising of all safety precautions and programs necessary in connection with this Agreement. The EDC shall not be considered a publ/c agency as a result of its assumption of the duties described herein. The EDC agrees to comply with all applicable safety laws, ordinances, rules, regulations, standards and lawful order of any pubhc authority having jurisdiction over the matter in question 196 ARTICLE 197 a 198 199 b 200 201 202 203 204 205 206 207 208 209 210 211 212 213 214 ARTICLE 7 215 216 217 218 ?ne County shall render payments monthly, commencing October 1, 1997 through September 30, 1998 The EDC shall keep orderly and complete records of its financial accounts and financial transactions involving the funds provided to the EDC under this Agreement The [5DC shall open these records Io inspection by County personnel at reasonable hours dunng the entire term of the Agreement Any person duly authorized by the County shall have full access and the right to exam_me any of these records during the term of the Agreement and up to three (3) years thereafter The EDC shall submit annual repons to the County, in form and substance, as prescribed in writing by the County, with regard to the aCUvities of the public/private partnership for econormc diversification The EDC shall provide the County with its independent annual audit of the immediately proceeding fiscal year no later than January 31 of each yea: of this Agreement The proV',Sions of this paragraph will survive termination of this Agreement as to the fiscal years, or portions thereof, during which this Agreement is in effec~ The EDC shall not discriminate against any employee or person served under this Agreement on account of race. color, sex sexual orientation. age religion, ancestry, national origin, handicap or marital status AGENDA ITEM S£P 2 3 1997 PI- 219 220 222 223 224 225 226 227 228 229 230 23l 232 2.33 234 235 236 237 238 239 240 241 242 243 244 245 246 247 248 249 .ARTICLE ] Q ALl notices required in this Agreement shall be hand delivered or sent by certified mail, return receipt requested, and if sent to the County shall be addressed to: Greg Mihalic Director of Housing and Urban Improvement Collier Cou~ 2800 North Horseshoe Drive Naples, FL 34]04 and ff sent to the EDC shall be addressed to: Susan Pa~eigis Execn~ tire Dh'ector Econon~ic De'~'elopmenl Council of CoHer County, Inc. 3050 North Horseshoe Drive, Suite 120 Naples, ~ 34104 Any alterations, variations, modifications or waivers of provisions of this Agreemen! shall only be valid when they have been reduced to writing, duly signed, and attached to the origtnal of this Agreement The Cotmty's performance and obligation to pay under this contract is contingent upon an annual appropriation for its purpose by the Board of County Commissioners. As provided in F.S 287.132-133, by emering into this contract or perforrnmg any work in furtherance hereof, the EDC certifies that it, its afl:i!iates, suppliers, subcontractors and consultants who will perform hereunder, have not been placed on flue convicted vendor list maintained by the State of F'lorida Departrnen! of Management Services within 36 months immediately preceding the date hereof This notice is required by F.S 287. 133 (3) (a). 250 AGE D $EP 2 3 1997 251 252 ~ WlqlqESS WHEREOF, the parties have executed this Agreement on the dales sel forth above 253 254 255 256 2~? 258 259 260 261 262 263 264 265 266 267 268 269 270 271 272 273 274 ATI'EST: By: Dwight Brock, Clerk of Courts Dale' Name (Printed) /~5¥gn atur e Nazne (Printed) Collier County, Florida Board of County Commissioners By: Ti_mothy L Hancock, Chairman CONSULTANT: Economic Developmcnl Council of Collier County, Inc. ~ssido~no, Chairman [[DC Board o[ Directors 275 276 277 278 279 28O 281 APPROVE~ AS TO FORM AND LEGAL SUFFICIENCY By: Heldi FAshton AssisTant County Attorney AG[ M SEP 2 3 1997 8 8888 8888 88888 888 8888 88888 888 8888 8 8888 8888 88888 888 88.88 8888 8888 8,:~ 8,8.8 '8,88 ;8 888 SEP 2, 3 1997 ~,,. // 88888 ,888 8888 88888 888 888 8,888 8888 88888 888 8888 8' 8888 8888 , I 88888 888 8888 8888 88888 888 8888 8 8888 8888 88888 888 8888 8888 8 8888 8888 88888 888 8888 8888 8 8888 8888 88888 888 8888 8888 8888 8888 8 8888 8888 X SEP g 3 1997 EXECUTIVE SUMMARY EXECUTE A FIRST AMENDMENT TO PURCHASE AND SALE AGREEMENT FOR A PORTION OF PROPERTY KNOWN AS OUTLOT "B", QU/ML CREEK UNIT TWO OBJECTIVFr: To have the Board of County Commissioners authorize ~ Chairman to execute · First Amendment to I~ and Sale Agreement wllJ3 Quail Creek Property Owner~ Association, Inc. f~ property ~ as ~ 'B', Quail Cre~k Unit 2, excep~ the East 55 feet and the South 60 feet thereof in CONSIDERATION: The Board of County Commissioners on July 29, 1997, Item 16(B)(5) approved I~ sale of a portion of Outlet B, Quail Creek Unit Two, (considered surplus property), to Quail Creek Property Owners Association, Inc. provided certain easements were conveyed to Collier County. Upon reviewing the closing documents, it was discovered that the part of properly that Quail Creek Prope~ Owners Association, Inc. was to convey to Collier County, via easement, was actually owned by one (1) otl-,er entity. The Real Property Management Department is acquiring a title commitment to ensure the County is obtaining clear and insurable title to the required easement. The Real Property Management Department has prepared a First Amendment to Purchase and Sale Agreement which has been approved by the Office of the County Attorney in order to extend the dosing date until such time as the title information can be reviewed and appropriate dosing documents prepared and forwarded to the proper party for execution. FISCAL IMPACT: The cost for ordering the title commitments and related expenses will not exceed $500.00. oThis will be charged to: Fund: 408 - County Water/Sewer Operating Cost Center. 253211- Water Operations Treatment - 951 VVTP (~ROVVTH MANA,GEMENT IMPACT: None. .RECQMMENDAT1QN: That the Board of County Commissioners approve and authorize the Chairman of the Board of County Commissioners to execute the attached First Amendment to Purchase and Sale Agreement. PREPARED BY:----/'Z,2. ~ ,--' ~' ,- ,~ ,-.. k-Oe~na L Quinn, Real Property Supervisor Real Property Management Department Michael R. Ne--wman, Water Director REVIEWED BY.'---'~r''' E-d Ilschner, ,~dministrator Public Works Division DATE: DATE: SEP 2 3 1997 PROJECT: Quail Creek, Ou~lot B FIRST AMENDMENT TO PURCHASE AND SALE AGREEMENT THIS FIRST AMENDMENT TO PURCHASE AND ,~,LE AGREEMENT 0'~reinafler referred Io as "Ag~'eemenr') is made and ~ered imo by and betwe~ the BOARD OF COUNTY COMMISSIONERS OF COLLIE~ COUNTY, FLORJDA. A~ THE GOVERNING BODY OF COLLIER COUNTY AND A~ EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT . (he*'e,nafler refen'ed to as It~ 'Owne~). and QUAIL CREEK PROPERTY OWNERS A~SOClATION, INC.. I Florida riel-for-pc'of,1 C.~l:X:Xat~:Xl. (heremaft~ referred [0 as WHEREAS. the Owr~er end tr'~e P~c:t~ser he~ ant~ed into I P~ ~ ~le ~t. ~t~ J~y 29. 1~7. f~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~. 3~I ~i~ is ~e pa~tarly ~s~i~ ~n said P~ ~ Sell ~. I ~y ~ ~i~ ~s atta~ ~relo and ~or~ral~ ~e,n as Ex~,b~l A ~ WHEREAS. the part,es have agreed Io moody saJc~ Pu~ct'~ase and Sale Agreement lo extend the hme for c NOW THEREFORE. in consideration of these p~em~ses, t~e sum of Te~ Dog,ars (S10.00) and other good and Yaluable co¢3sidaration. ~ r~.e~ Ind suff~c.~nCy of. which are hereby mutually ackno,.~ecl~ed. ~t ~$ agreed by eno ~ b~e Da,'l,es as foilows: 1. Paragraph 3 of lhe Purcr',ase and Sale Agreement. c~ate(3 July 29. 1997. mod~e~ es follows~ t/-~ cJos~r~ shali occ~' w~th~n n~-~¥ (90) days, commencing September 27. 1997. 2. In all o[her respects. ~e Purct'~ase and Sale Agreement. detea Jul), 29. 1 ~7. shaJl remain in full force and effect 3. This Agreemenl 15 governed end con.strued in accordar~ce w,th the laws of State of Floric3a. SEP 2 3 1997 , IN VVITNESS WHEREOF. th~ parties hereto Mace execut~ th*$ Agreement Dated Project/Acquisition App~ov~:l by BCC: DATED: .- ATTEST: DWIGHT E. BROCK. Clerk BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA. AS THE GOVF. RNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT . Deputy T~nOl. hy L. Hancock. Cha,rrr~n AS TO PURCHASER: DA'rE~~~;~ WITNESS (S,gnature) ,~. ,V. A.~,x./~ ~./ Name (Print or Type) Quail Creek Property Owners AssoOa'.,on. Inc. I~ Flonda not.fo~-~of,t coq:x~at,on William J Flynn. pres~ent 1~15 Bonita Be~ Road. Bonita Spri~s. F~oa 33~23 ti[,~p 2319s7 Quad Cr~k EXHIBIT Page /. of~. PURCHASE AND SALE AGREEMENT THIS PURCHASE AGREEMENT (hereinafter referred to as ~'~ ',~rear'r~t') ,s r*~de entered into this .~ day of ~ /',..,. . 19.~__~. by and between the BOARD OF COUN_T'~_ COMMISSIONERS O-'~"-COLL)ER ~'~OU.h'~, FLORIDA, AS THE GOVERNING BODY OF C~LLtER COUNTY AND AS EX OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY ~,IATER- SEWER DISTRICT (berated(tar referre0 to as tr~e 'Owner') and QUAIL CREEK PROPERTY OWNERS ASSOCIATION, INC., a Ftorlc~a not.for-p,'of~t corporat<x3 (here~rmf~er referred to as ~ WHEREAS. the Owner 0e$ire$ to sell. a~ the Purchaser Oesires to purchase, certain ~and$ described AJI of Outlot 'B' of Quid Creek Unit Two. ixcep~ tr,4 South 60 feet thereof and the East 55 feet thereof, acco*'d~ng IO t~' plat thereof, as recorded ,n Plat Book 13. Pages 74 Ir~rough 77, ,3clus~va. of the Pubhc '~ecoros of Colher County. FKx~a. (he, aid, after referred to as the 'Propeny'). unOer [he lares and cond~t~s set fo~'~ here,n, and WHEREAS. the Owner ,,~,,qll retain a Ubhty Easement over ',.J~"~;. e~3 a~os$ t-,e P.oc. eny as Oe-,o-ibed ,n Ex~,b~t 'B'. wn,~J'~ ,$ attecr'~O hereto and n-,aaa a par1 of th~S Ag,eater's {'"e'e.~a'...e· referred to as U",e 'Easement') NOW THEREFORE. ,n cons,dares,on of these p~em~ses, the lure of Ten D3: ars (?.; CO) other good end valuable cons,Oerahon, the rice=pt and $uff,c,ency of w'n,ctl are ~'erecf ~',owiedgecL it is agreeo ~y and be:,,,~,een the part,es .as fo~)~ 1 Ov,,ner sha)l convey t~ Pros:~erly to P~cJ"~aser. wa Statutory Deed ,r. e,:t'a~.ge :or ~ sum of $ 50.000 00 (F~fty T~usana Do)lets). U S Currency. es fu~l pay~en! for t~e Prc.--e~) ,~:erest ~'ansferred 2 Purchaser snail pay Owner of the Prop, any by Ca~..n,er's Check 3 BOth (~r anCl Purct'~ser agree ir-,al tlrrl~ )S Of Ihe esset'3ce in re~a,;3 l,; :r'e "'..'cs'"~ i"w3 SheS. therefore, sa,dj clos,ng Sr',all cx::c~¢ wtt~,,n ~ (S(xly) oays Of t~qe' last oa~) to e)e:.te Agree~m At closing Purcr',aser s~a;I oeh,,er tr~ Cashier's Cl",ect,~ to Owr~- a~c O...-e' s-a* Deec~ to Purc.~aser Possess,ch of the Prope~y sr'.all ~ oel,ve~'ec to tr',e Pu~'c~ase' a' 4 C)wi"rer sh&ll pay its Fo-tall s~mrl of taxes iltSetsKrr~nts. Or ctr"~r te'~ exbe-ses of Property [~oug~ the day be(ore CIo$1r'.~,: ~'~y and all COSTS 8.~K3 ex~oens~s ~3c.,.~,e~ ~r O*~ connexion ,,*,nth th~s ~ansact,o~n (exce~l:n(~ Owners a;torneys fees), h"~iuc,~'g v. '"'3..~ recording fees. conveyance fees. sets:anent fees. diGS:ag costs, end I,-a'~s~er c::~'--e-;ao~, lntan<~ble taxes of every nalure and k,nC '.v~atsoever. sP, a!l De bon~ aha pa,.c Dy 5 Purchaser warrants and ack.,3ow~eOges IO and agrees ,,~th Owner ?ac P,':"ase, ,s pu~c:nas~ng the Property in in 'As 1s' co~:,O,hon aec3 sp~c~f~...~tty and Ixl::~ltsry .=.'1'10.I a,~y rl1~esenlahOnS Or guaranlees e,ner ex[~res$ o,' ,n-~pheo of any k,nO nature ~ t'd:)e ,,."'-a'.sce'.e' frcm c~ on t:)ena~f of the Owner Purc. r, aser ~..knOwleoges ir, al Purchaser r~as made ar',c,'cr ~e~ ,~.,eq an Bc~.qua!e oppo."'tun~ty to m3ke s~.'ch ~ega,. factual and Ot~er ~r',q-J,r~es mn," ;n./est:gat.c-~ as C~erns necessary. Oesirable ~ appropriate w~tn rl~S:)4~t to the Prol~rty 6. Conveya~ of the Prope, rty. ~ lay rnterest ~.n the Pr~rty. by the ~er ts co~:ngent ~ ~ other ~'ovis~ons. cond~hons. Or I~'em~ses other than those so stated a~:~ve and t~.s agreement, mc..~u0ing ell exn:btts attachers hereto, shell constitute the eat,re ag,eec'em ~'~o un~erstan(~ang of the pan,es eno there are no ocr, er p,,o~ o~ co~temc~aneo.~s .,,~',tten cr c~al agreements, undertakings, promrses, warrant,es, cx covenar,ts ncr conta~ne.a here,n EXHiBiT Page .~ of:~. 7. BuTer is aware and understands t~at ~,e 'offer' I0 purc:t~se r~eseme3 A~'eement il subject to acceptance and apf:Xoval by the OoarO of Courtly Courtly, Fl~ida. 8. Thil Agreement is govern~ and construed in ac.c~Oance with IN WrTNESS ~EREOF. t~ pa~es ~reto ~vt ex--ed t~s P~ ~y l~ year ffrll a~ve ~it~en BOARD OF COUNTY COMMISSIONERS COLLIEJ~..COUNTY. FLORIDA . T molhy'L 'Riy~:ocJl~, (~h~,rm'an AS TO PURCHASER WiL~ess Witness Quail Creek Property Owners AS$oc~et on, lac, a Flor.3a noI-fOr-proh! cc~,"pora=:on . TiUI t~re mident. '...EXHIBit E,L;~,.-+ "~" Page -~ ot ..~ 'P,.. t,r i · : ££IC£ OF CAPITAL PROJECTS 3301 ~ST TAMIAMI TR~L NAPLES, FLORIDA 3~112 (941) 774-8~92 PROJECT NO. PROJECT PAttCEL NO., TAX PARCEL NO. OF LEGAl. DESCRIPTION (NOT A SU_RVE'Y} CO~NCINO AT T~ NC~T'~EAST COPJ~EJ~ OF ~ '~ ~ ~ ~AT ~ERE~ ~GSH~ ~E PUDLIC S~H ~GE ~ EAST; T~NCE S~ I~ DEG~ES ~ MIN~ ~CONDS ~ST ALONO ~ S~ LI~ ~ SAID SE~ION I~. A DISTANC~ ~ 97 ~ FE['r TO ~ ~1~ ~ DEGINNING. S~D ~1~ ~EING TI IE BEGIN~G ~ A NON.TANGE~ CU~. CONCAVE TO FE~. A CE~ ~GLE ~ ~t DEG~ES ~ MIN~5 4~ SEC~, ~ A CHORD ~NCE WEST ~ONG S~ ~R~, A DI~qE ~ ]]9 ]] ~. ~NCE ~H EO~DA AND D~E N~. ~VINO A ~IU~ DEO~ES I t ~IN~S ]] SECONDS, OD A ~O~ ~ ~0 ~ ~T BEING ~OU1H WAY LINE ~ ~D ~, A DIST~ ~O~ ~ WAY LINE SECONDS E~, A DIST~C[ ~IN~S ~ SEC~DS [~T. A DIST~CE ~ Jl 14 ~ET TO ~E ~TH RIG~ ~ WAY LINE ~ ~1~ ~ ~VA~ ~ A ~E ~, C~A~ ~ ~E ~. HA~NG A ~IUS ~ 230 ~ ~. A ~ ~GI.E ~ 51 ~G~ES 19 MIN~ ~ SECO~S, ~ WAY LINE ~ NOR~ LrNE ~ ~O~SMD ~ .G-, A DIS~ ~CE ~ 19 Ul ~ET TO ~E ~1~ ~ ~EGINNINO. SMD DE~BED ~ U~AINING 0 I lU ACRE B~IS ~' B~NO5 IS ~ ~ MNE ~ ~ I~ DEING ~ 89 DEG~ OrESSJON~ ~NO SU~YOfl ~2dO~ , · orrlcC or C~ITAL PROJECTS PG. t REAL PROPERTY MANAGEMENT DEPARTMENT TO". FROM: DATE: RE: MiKE NEWMAN WATER DIRECTOR PUBLIC WORKS DM$1ON DEENA L QUlNN ,//'0 REAL PROPERTY SUPERV~OR I~PTEMBER 11, 1997 QUAIL CREEK, OUTLOT "~" At-tached you ~11 find an Executive Summary extending the ClOSing dale from ~ 1997_ to ninety (90) days, approximately December 27, 1997. On September 10, 1997, I forwa~ecl a request to Heidi F. A~hton, Assistant County Attorney, to review the documents that I prepared on Quail Creek, Outlot B - copy ia ~ttached. Hopefully, the documents will be reviewed and epp~'oYed on Monday, September 15, 1997. I can then focward the cloc~m~ts for execution to the appropriate partle~. After ~ appropriate parties have signed the documents, then our Depadrnerrt can close on this trar~aclk~ Please sign whe¢~ appropriate and forward to Mr. Ed lischner, Administrator. Public Works Dlvksion for execution. If you have nny questions, I will be back in ~ office on Monday, September 15, 1997. Atte~erff aa ~tated He[dl F. A~hton, Assistant County Attorney wlo attachment Bob Reader. Field Inspector, Water Management Deparlment w/o attammem Karl Bo/er, Senior Project Manager, Office of Capital Projects Management w/o attachment Michael Do, Ming, Specialist II w/o attachment iTEM NO.: FiLE HO.; ROUTED TO: .DATE RECEIVED: Data: RE: DO NOT WR. ITE ABOVE[ THIS LINE REQUF. ST FOR LEGAL'SERViCES SEPTEMBER 10, 1~7 Office of the Coumy Attomey Attention: Neldi F. Ashton, Aaalstant County Attorney DEENA L. QUINN REAL PROPERTY SUPERVISOR REAL PROPERTY MANAGEMENT DEPARTMENT SUPPORT SERVICES DIVISION QUAIL CREEK, OUTLET B BAC[r, GROUND OF REQUEST/PROBLEM: Please be ac~vlseci treat 1 have preparec~ t~e following aocument$/or your review ar~ appro,a~ 1. Declaration of Temporary Construction ~'alemen! - Please note that mis Is a r. ew fcxrn whic~ I recently developed. 2. Statutory De~l - I prepared another Statutory Deed, pursuant to your suggestion. since the original executed Statutory Deed wel in the name of Collier Cot~nty 3. Ut. ility Easement to be obtained from Naples Road au[Jding CDc'potation. 4. Temporary Construction Easement to be oblained from Napie~ Road Building Corporation. Subord{nation of Encumbrance from Florida Cablevision IVla~nagemant Corp. Subo~ination of Encumbranc~ from North Naples ~ilitia$, Ir~. $~.P 2 3 ~.~? Suborc~ination of Encumbrance ~G De obtained from V',/esto~, International Corporation, RSH of Nepie$, Inc., Quail West, Ltd. and Quail Creek Propec¥ Owners A~sociation, Inc. "Gap'", Tax Proration, Ow'net's and Non-Foreign A~devit to be obte,ned from Naptes Road Build{ng Corporation. Please note [hal I have Included the Division of Corpo~'ations printout sheet on all the cc~porations. Please note that ] have not Inserted any legal deecdptlona and sketches on the attachments. I will be meeting with Bob Richmond. Land Surveyor, today to discuss th, preparation of the legal descriptions and sketches. Once the legaldescrlplions and sketches have been prepared, I will give to Kevin Hendricks, Right of Way Design and Valuation Coordinator, to review and approve prior to forwarding ~ the documents to the attorney for the landowner, Leo Salvatori. Please note that this title commitment Is for the ~_outh 60 fe~t and the East 55 feet which, according to the Plat which is attached to the title commitment, !it for utility eases, ,e.nt~t and drainage easem~nt~. In addit{on, p~ease note that these areas have been dedicated to Florida Power & Light, United Te']ephone Company, etc., as shown the Plat in the Dedication. I did not prepare any Subordination of Encumbrance for the above entities. Do you feel It Is necessary to prepare and obtain executed Subordination of Encumbrances for number~ 5, 6 and 7 ss noted above? This item has not been previously su'bmtttecl. ACTION I~.EQUESTED: Please review and approve aa soon as possible. THIS iS A P PJO P. ITY PARCEL. OTHER COMMENTS: cc: xt~.ike Newman, Director, Water Management Department w/o attachments ~1'o1:> Reader, Field Inspector, Water Management Department w/o attachments ~,~r[ Boyar. Sen;or Project Manager, O~ce of Capita[ Projects Management · / ettachment~ ,)~ic>.aa[ Dowling, Specialist [I w/o attachments ~. EXECUTIVE SUMMfJ3X APPROVAL OF AN EFFLUENT USE AGREEMENT WITH THE VINEYARDS UTILITY, INC. OBJECTiV~ That the Board of County Conmfissioners, Ex-officio the Governing Board of the Collier County Water-Sewer District of Collier County, Florida, approve and execute an Agreement for Delivery and Use of Treated Wastewater Effluent for Spray Irrigation with the Vineyards Utility, Inc. CONSIDERATION: As the County's wastewater system has continued to grow, so has its need for additional customers using effluent. As part of the Wastewater Master Plan and Capital Improvement Element for the Wastewater Department, pipelines to deliver water to new customers have and are being constructed. One of these areas to be served has been identified as the area between the Vanderbilt Beach Road Extension and Pine Ridge Road known as the Vineyards. The necessary pipeline to deliver effluent to this area have been constructed and execution of the necessary effluent agreement needs to be completed. This agreement has been reviewed by the County Attorney's office and approved as to legal sufficiency. FISCAL IMPACT: There is no direct fiscal impact associated with the approval of this agreement. There will be a revenue stream of approximately $35,000.00 per year initially and $142,000.00 annually when this agreement reaches its ultimate use. GROWTH MANAGEMI~NT IMPACT: None. SEP 2 3 1997 REC,_OMMENDATION: That the Board &County Commissioners as Ex-officio the Governing Board of the Collier County Water-Sewer District of Collier County, Florida approve the Agreement for Delivery and Use of Treated W~tewater Effluent for Spray Irrigation with the Vineyards Utility, Inc. I'imoth~.J.~ Clcmons, Wastewater Dire,~ar' APPROVED BY: Ed Ilschner, Public Works Adminisfrator Consent Agenda: 9/23/97 SEP 2 3 1997 AGREEME3qT FOR DELIVERY AND USE OF TREATED WASTEWATER EFFLUENT FOR SPRAY IRRIGATION THIS AGREEMENT is made and entered imo this day of ,1997, by and between VINEYARDS UTILITY, INC. (hereinafter referred to as ~User'') and the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUN'I'Y, FLORIDA, AS THE EX-OFFICIO GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, (hereinafter referred to as "DISTRICT'). User is used as singular or plural, as the contexx requires. RECITALS: WHEREAS, the District is desirous of obtaining additional long-term disposal facilities for treated wastewa~er effluent, (hereinafter referred to as "effluent") produced by one of its was~ewater treatment facilities; and WHEREAS, User is desirous of obtaining effluent as a long-term irrigation resource for CERTAIN LANDS INCLUDING Vineyards CountD' Club golf courses, located upon the lands described in Ex.h/bit A, attached hereto (hereinafter referred to as "Property"). WITNESSETH NOW THEREFORE, in consideration of the covenants hereinafter contained and other good and valuable consideration, the parties hereto agree as follows: USER REPRESENTS AND WARRANTS RECORD OWNERSHIP. User has requested that District pro~4de available effluent to User. User represents and wan'ants to District that the party or parties identified herein as User is the party responsible for providing irrigation water to the Property described in Exhibit A. QUANTITY. The Ur, er will anticipate accep~g and use diligent efforts to accept from the District up to 3,000,000 gallons per day (GPD) of effluent when available for irrigation for a period of five (5) years from the date oft.his Agreement. At the end of the five (5) yeax period and each successive five (5) year period thereafter, this Agreement shall be amended and revised to reflect all of the terms and provisions then being incorporated in like agreements by the District for delivery and use of effluent and thereafter renewed for successive five (5) year periods, tmless terminated by either party as provided for herein. The rate set forth in paragraph 8 herein shall be effective for the in/rial five (5) year period and shall be re-negotiated by the user and the District at least thirty (30) days prior to the commencement of each successive five (5) year period. iSEP23 1997 4o QUALITY. The effluent shall be a "polished" effluent from a tertiary treatment process which involves secondary wa.~ewater t~eatment, filtration ~md l-figh-level disinfection as required by the Florida Department of Environmental Protection Rule 17-610, Florida Administrative Code, a~ ~mended from time to time, and shall meet the criteria for land application of domestic w~ater effluent. The effluent shall be in ac~cord with ali requirements ofpermit$ issued by local, state and federal regulatory agencies with jurisdiction over such activities. POINT OF DELIVERY DEFINED. The Point of delivery of effluent shall be where the effluent passes into the facilities currently owned and operated by Vineyards Utility, Inc. as described on Exhibit B attached hereto. The District shall own, operate and maintain the effluent distribution ~em and related ~torage tank, if any, and shall be deemed to be in possession and control of~he effluent therein, ~oat~'eagn of the Point of Delivery. The User shall own, operate and maintain the effluent distribution system and related lake storage facility, if any, and shall be deemed to be in possession and control of the effluent therein, Ogwnst~e$.m of the Point of Delivery. Point of Delivery is used as singular or plural, as the context requires. D1STPdCT RESPONSIBILITIES UPSTREAM OF POINT OF DELIVERY. The District shall be responsible for the design, construction, permitting, financing of all costs and placing in operation the effluent delivery sy~em up to the Point of Delivery. The District shall bear all costs of operation and maintenance of the effluent delivery system up to and including the Point of Delivery. USER RESPONSIBILITIES DOWNSTREAM OF POINT OF DELIVERY. The User shall take fi. dl responsibility for the design, coition, permitthag, fam~clng of all costs and placing in operation the effluent delivery ~y~em downstrr.~a of the Point of Delivery. The User shall bear all cos~ts of operation and maintenance of the effluent delivery system downstream of the Point of Delivery. STANDARD OF MAINTENANCE. User shall maintain all effluent disa'ibution facilities do~ of the Point of Delivery at standards equal to the m-lntenance standards for comparable utility facilities maintained by the District. Disu'ict sl~ll provide User with notice of the need for User to correct ~ny maintenance deficiencies and User shall have fifteen (15) days from receipt of such notice to correct same. If the deficiencies have not been corrected within that time, the District shall have the fight, but not the duty, to enter upon the Property to correct the deficiencies mci charge User therefor. SEP 2 a 1997 10. Il. 12. RATE TO BE CHARGED FOR EFFLUENT. For furnishing ofthe effluent, the District shall isfitially charge and User shall pay the sum of thirteen ($0.13) cents per thousand gallons (hereinafter referred to as "effluent rate") for effluent. Said effluent rate per thousand gallons shall be in effect commencing at the time District begins delivery. It is anticipated, but not warranted, that s~id delivery will begin on November 1, 1997. It is expressly understood and agreed that delivery shall be made year round, except during excessively rainy periods, at which time delivery shall cea.se. RATE CHANGES. The District shall have the right to decrease or increase the effluent rate fi.om time to time upon providing thirty (30) days prior wrinen notice of a rate change. Any increase in the effluent rate shall only arise upon the expiration of the initial five (5) year term hereof and at the end of each subsequent term, and only as the result of the District's increase in costs representing production, treatment and delivery of the effluent, or as the result of a rate study which determines that an increase in the effluent rate is required to finance the costs of production, treatment and delivery of the effluent. Any rate increase shall be the same increase or rate charged to similasly situated Users. BILLI'NG. The District shall bill the User monthly for the effluent quantity used by the user for that period. Should the User desire additional effluent, and the Disu'ict be willing and able to supply effluent exceeding the amount (GPD) agreed upon herein, the User shall be billed for this additional amount at the normal billing rate. The User shall make payment to the District within thirty (30) days of the date of the monthly statement. UNPAID FEES ARE A STATUTORY LIEN. The User acknowledges that in the event the fees, rates or charges of the services and facilities provided for under this Agreement shall not be paid and become delinquent, any unpaid balance and all interest accruing thereon shall be a lien on the affected property pursuant to Chapter 153, Par~ II, Florida Statutes, as amended. EFFLUENT AVAILABILITY. The District shall make a diligent effort to make available to User the agreed upon quantity of effluent during any 24-hour period. It is the express intention of this Agreement that this quantity of effluent shall be available for withdrawal by user at any time during the 24-hour period from the lake storage facility to be constructed on User's property. -3 SEP 23 1997 ) 13. USER EMERGENCY SITUATIONS. In the event of an emergency, as defined below, User shall notify any of those District representatives set forth herein and request that the pumping of effluent temporarily cease. Such notice shall be in writing where circumstances permit and, in the event of an immediate emergency, such notice may be by telephone with subsequent written confirmation. It is understood by the parties that District anticipates that it can assist User with the storage and non-delivery of treated effluent for a period not to exceed three (3) days in such an emergency situation. Such storage of effluent, however, shall be subject to the rules, regulations and directives of the Department of Environmental Regulation. Emergencies shall include but shall not be limited to: (a) Climatic conditions such as hurricanes, floods or unseasonably excessive rainfall which makes it impossible for User to accept the treated effluent. Co) Short term equipment or material failure, making it impossible for User to store or distribute the treated effluent. (c) An Act of God which makes it impossible for User to accept, store or distribute the treated effluent. 14. NOTIFICATION OF DISTRICT. Those representatives of District who shall be notified in the event of an emergency are: (a) Collier County Public Works Administrator 3301 E. Tamiami Trail (941)732-2575 Naples, Florida 34112 (b) Collier County Wastewater Director 3301 E. Tamiami Trail (941)732-2575 Naples, Florida 34112 (c) Chief Operator Collier County North Wastewater Treatment Facility 10500 Goodletle Road (941)597-5355 Naples, Florida 34109 1 $. DISTRICT NOT LIABLE FOR FAILURE TO DELIVER EFFLUENT. The District shall not be held liable by User for failure to deliver treated wastewater effluent ifa reasonable situation preventing such delivery exists. Such situations shall include, but not be limited to: (a) A lack of treated wastewater effluent due to loss or lack of flow to the treatment plant or due to process failure. (b) Contaraination in the ~'eated wastewater effluent making it unusable for irrigation. (c) Equipment or material failure in the treated wastewater effluent delivery system, including storage and pumping. (d) An Act of God which makes delivery by the District not reasonably feasible or impossible. 16. NOTIFICATION OF USER. The representative of User who shall be notified in the event of an emergency or District's inabili~' to deliver effluent is: (a) Michel Saadeh, President & CEO Vineyards Development Corporation 98 Vineyards Boulevard Naples, Florida 34119 Phone: (941)353-1551 Fax: (941)455-5057 If and when emergency situations occur, the District will notify User by telephone and follow up with a letler stating the nature of the emergency and the anticipated duration. 17. WRITTEN NOTICE OF ADDRESSES AND TELEPHONE CHANGES REQUIRED. The District and the User may change the above mailing addresses and/or phone numbers at any time upon giving the other party written notification, rctu~ receipt requested, by U.S. Mail. 18. USE OF EFFLUENT. Except as set forth above, User shall accept the effluent delivered by the District and use it for irrigation on the Property in any manner determined by User, except that use of the effluent shall be consistent with local, state and federal regulations. Except as the normal use of the irrigation system may incidentally spray effluent into the lakes, ponds, ditches and sloughs on the Property, User shall not discharge effluent dia'ect]y into the surface waters of the State of Florida without va-it'ten authorization from the Florida Department of Envirom'nental Regulation (DEP). Notwithstanding the above, it is expressly agreed that the District shall be responsible for obtaining the appropriate permits fi.om the DEPot .q.7'~.~ ~ b-~ SEP 23 1997 ~'~. _7 the Point of Delivery and User will Ix responsible for obtaining any other permits necessary for use of the effluent on the Property. User shall take all reasonable precautions, including signs and labeling, to prevent confusion bet~'een effluent sources and other water sources downstream of the Point of Delivery. The District shall be deemed to be in possession and control of the effluent until it shall have been delivered to User at the Point of Delivery, after which delivery User shall be deemed to be in possession and control of the effluent. 19. EXCUSE FROM PERFORMANCE BY GOVERNMENTAL ACTS. If for any rca.son during thc term of this Agrccment, local, state or federal governments or agencies shall fail to issue necessary permits, grant necessary approvals, or shall require any change in thc operation of the treatment, transmission and distribution systems or thc application and usc of effluent, then to thc ex'lent that such requirements shall affect thc ability of any party to perform any of thc terms of tkis Agreement, the affected party shall ix excused from the performance thereof and a new agreement shall be negoliated, if possible, by the parties hereto in conformity, v,4th such permits, approvals, or requirements. However, nothing shall require User or District to accept any new agreement if it substantially adds to its burdens and obligations hereunder. 20. USER'S RiGHT TO TERMINATION; AGREEMENT RUNS WITH LAND. The User shall have the right to terminate this Agreement if the District continually fails to deliver effluent, under the conditions described in paragraph 15 herein. The User shall have the right to sell, transfer or encumber the land areas imigated with the effluent a~d described in Exhibit A, except that written notice of any proposed sale or transfer of the Vineyards Country Club property must ix given to the District, as provided for herein, at least thirty (30) days prior to the sale or transfer. So long as use of the property, shall subsmmially continue to be for the purposes intended by this Agreement, any subsequent part)' in interest shall be obligated to receive and use the specified quantity of effluent under the same terms and conditions of this Agreement unless modified by mutual consent of the District and the buyer, or transferee, or successor in interest to the User. 21. DISTPdCT'S RIGHT TO TERMINATION. The District shall have the right to terminate this Agreement if the User fails to accept effluent under the conditions described herein, or if performance is prevented by third patay litigation, or if the User is or reasonably appears to be irresponsibly or illegally disposing of or using the effluent, or if any other event beyond the control of the District prevents performance, or if the User fails to pay delinquent fees, rates, or charges for the services and facilities provided for under this Agreement. In no event shall District be entitled to terminate this Agreement for any reason other than good cause as set forth herein. The fact that it may no longer be financially feasible for the District to honor the rate then effect for the User shall not Ix deemed good cause the termination by the District hereunder. . ........ .:.-- -Jr ~ SEP ~ 3 1997 22. 23. 24. TIME OF TERM/NATION. Where practicable, termination on the part of either party shall not occur before one hundred and eighty (180) days aftcr the terminating patay has notified the other party in writing, except in an instance where User is, or reasonably appears to be, h"responsibly or illegally disposing of or using the effluent. ACCESS. The Dis'trict shall have the right, but not the duty, to enter upon the Property of User to review and inspect at reasonable times the practices of user with respect to conditions agreed herein. Such entry shall normally be for the purpose of review of the operation of the effluent in'igation system, for inspection of distribution mains and appurtenances, and for sampling at any monitoring wells located on the property of User. User may have a representative accompany the District personnel. INDEMNIFICATION. User acknowledges that the effluent, due to its chemical composition, may not be compatible for irrigation of ceftin susceptible vegetation. User agrees that District shall not be held liable for damages that may occur to vegetation or for any other damages which may occur due to the use or acceptance of effluent. The User, in consideration often dollars, receipt and sufficiency of which is accepted through the signing of this Agreement, shall hold harmless and defend the District and its agents and employees from all suits and actions, including anomeys' fees and all costs of litigation and judgments of any name and description arising out of or incidental to this Agreement. 25. DISCLAIMER OF THIRD PARTY BENEFICIARIES. This Agreement is solely for the benefit of the formal parties hereto, and their successors in interest, and no right or cause of action shall accrue upon or by reason hereof, to or for the benefit ofany third party not a party hereto. 26. SEVERABILITY. Ifany pan ofthis Agreement is found invalid or unenforceable by any court, such invalidity or unenforceability shall not effect the other parts of this Agreement if the fights and obligations of the parties contained therein are not materially prejudiced and if the intentions of the parties can continue to be effected. To that end, this Agreement is declared severable. 27. 28. LAND USE APPROVALS. This Agreement shall not be construed as a basis for either granting or assuring or indicating, or denying, refusing to grant or preventing any future grant of land use or zoning approvals, permissions, variances, special exceptions, or any other rights with respect to the real property in the irrigated area. APPLICABLE LAW. This Agreement and the provisions contained herein shall be construed, controlled, and i~terpreted according to the laws of the State of Florida and the Collier County Utilities Standards and Procedures Ordinance or its successor in function. 29. RECOKDATION. This Agreement shall be recorded in the Public Records of Collier County, Florida. -'7 ~ SEP 2 3 1997 30. ASSIGNMENT. Assignment or transfer of the User's rights or obligations under this ^gr¢¢ment is prohibited wi~ou~ prior written consent of the District~~ ~ j,A~///~ 31. BINDING EFFECT. This Agreement shall be binding upon the parties, their successors and assigns. 32. ENTIRE AGREEMENT; AMENDS. This Agreement constittnes the entire agreement between the parties w-i~ respec! lo the subjecl matter rei'erenced herein. Any amendment hereto shall be in writing du~y executed by the parties hereto, or their successors in interest to the Property. ISEP23 1997 IN WITNESS WHEREOF, the foregoing par~ies have subscribed their hands and seals for the day and year first above mentioned. Printed/Typed ]q:aarne Prin~ed/Typed Name STATE OF FLOPdDA COUNTY OF COLLIER Vineyards Utility, Inc. Printexl/Typed Name (Corporate Seal) I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and County aforesaid to take acknowledgments, personally appeared Michel Sm&h, well known to me to be the President of Vineyards Utility, Inc. being authorized so to do, executed the foregoing Effluent Agreement for the purpose therein contained under authority duly invested by the By-laws, and that the seal affixed thereto is the true seal of said corporation. WITNESS my hand and official seal in the County and State last aforesaid this I "'2- day ('Notarial Seal) ubli¢ My Corm'nission E.~ pires: jSEP23 1997 (Notarial Seal) Notary Public My Commission Expires: DATED: ATTEST: DWIGHT E. BROCK, CLERK Approved as to form and legal sufficiency: Assistant Count, Attorney BOARD OF COUNTY COMM]SISONERS OF COLLIER COUNTY, FLOR.IDA, AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT By: TIMOTHY L. HANCOCK, CHAIRMAN EXHIBIT A Legal Description: Section 5, Township 49 South, Range 26 East, CollJ-~ County, Florid~ Containing 727.7 acres, more or less Section 8, Township 49 South, Range 26 East, ColBer County, Florida less and except Interstate highway 1-75 right-of way parcel 1:21. (O.R. Book 907 Pages 637-643). Containing 642.7 acres, more or less. 1997 _ · EXHIBIT B LAKESIDE 6 RD WALDEN OAKS SERVICE PO 5 II SER VICE $& ND ALI~)OD LN ~IOTTI..~BRu SH LN Lrv~CSTO~ WOO~ L~ PINE RID~ RD [XTEN~Ce4 10134 J, VE:. ~.w. 12TN Av~.. $.w. 17 THE VINEYARZ)S RJ~CLAIMED WATER SERVICE POINTS SEP 2 3 1997 ,~. EXECUTIVE SUMMARX RECO~4MF_2~DATION TO A3~AP.D BID #97-2726 FOR CHLORINATOR EQUIPg~ENT MAINTENANCE FOR PUBLIC WORKS M]%STEMATER Ah'D ~ATER DEP;tRT~S. OBJECTIVE: That the Board of County Commissioners, Ex-Officio the Governing Board of the Collier County Water-Sewer District award Bid #97-2726 for Chlorinator Equipment Maintenance for the Public Works Division Wastewater and Water Departments. CONSIDEI~ATI~{S: The Chlorinator Equipment Maintenance bid is used to maintain the facilities chlorinators in proper and safe operation at all times. FISCA~L I~ACT: The Chlorinator Equipment Maintenance Bid is estimated to cost $78,400.00 annually. Funds for this bid were specifically budgeted in Fund 408- 233312, 408-233313, 408- 253215, 441-255110. Each Cost Center using this bid will be limited by the fund total. GROW~TH ~ANAGEb~ENT IMPACT: None RECOMMENDATION: The Public Works Administrator recommends that the Board of County Commissioners, Ex-Officio the Governing Board of the Collier County Water-Sewer District award Bid ~97-2726 for Chlorinator Equipment Maintenance to Water Treatment and Controls Company o.~ Leesburg Florida. Dennis Barnard, NCRW~F ~ief Operator Timothy L.u Clemons, Wastewater Director Stephe~n Y. Caf~ell, Purchasing Director SF..P 2 ? I%7 ~ APPROVED BY: .--~~~ ~//~_/~ ? ~d Ilschn~r, Public Works Ad~nin~s'tra-tor Consent Agenda SEP 2 3 1997 TABULATION FOR BID ~1~99-2726 l<3d~ t'quipmcm IVlnimz~mce" ATlONS SENT TO: 51 Vc,.~iors REOEJVED eOSTn~G ~^'r~ ^.~ ~. ~ AU6 2 9 1997 OPtDCI:NG DATE: Au~ts~ ]~ 1 of 4 S S $ S S SEP 2 3' 1997 J TA.BU't. ATION FOR BID 119%2726 - "C~loHnsto~ Equitxne=t Main*.t~'~n~" Pale 2 of 4 Seu~ IzlJe~al waa~' Tmanneat l~nm (teat.) S S S S $ S. S S Wttlac~ ~ T'm"r~n: .~mmo~fiazor 190~, Model V-2000 2 Tc~I Ann'a~l Cost ~ L~ak Ina.Jests, Mod~ V-2005 2ea. TG~I Annu.tl Ammouia In.~, Mo~el 120.35 2 To~l Annual Co~ ,,aanmo~da Leak lndicstm', Model NI'O To~I A.nnutl ~ s~ s s LO 6. s 2~L $ ! SE~P23'1~}~7 TABULATION FOR BID ~t9'/-2726 - 'Chlorinalor Equipment Ma~mena. nce" Page 3 of 4 ~C.~>dlamd Re-purnu Station ~ Cylinder Scale 2 e~ To~ ~ co~ s /b~ ' s s s ~~ Re~tor, Ammonia 1 e~ To~ ~.~ ~ s ~' s s s. W&T V-Notch Ammo~r ] e~ To~ ~u~ Co~ S /~, S S S W~T ~mme~c ~on I e~ T~ ~ ~ S ~ $. $ p~ ~ for ~mo~ ~je~r 1 a~ ~t Si~ M~g ~p 2 ~ T~~ S /~- S S S B~ S~c T~ I ~ T~Co~ s ~. s s s T~ ~ ~ ~ VAC Kc~ w~.C. ~ I c~ ~ ~ $ S To~ ~ ~ $ -- ' $ V-2~S ~tor 2 ~ To.i A~ Cog S ~~. S S Toul ~ Co~ $_ '~ ' $ $ $ SEP 2 3 TABULATION FOP- BIX) ~97-2726 - "Chlorinator Equipment Maint~ance" Pa~¢ 4 of 4 $ S S $ S Total Annual Di. scount for parta sail] be d. iscounted ~om thc Current Publi.~ex[ Price L~ oft' % off S % off S S S S S S S S Additional S~rTke & £mer~c'7 Repalr~ ~icc T~b~ici~ Ho~y ~i~ T~ici~s ~c Ho~ly ~tc Additional ~l~ or Em~n~ Round T~p ~le Co~ Mil~ ~ f~ N~ ~l~e ~ for ~.~ Mille Co~ for PB~ Mille ~ for M~ Re-~p S~on Prompt Payment Tcrm.~: Addenda Acknowledged: hi $ % __?,ys % __,days % ~ys Net _~ ~ys Na ~ ~ys Ne~ 30 days YES .__NO ~ .__NO YF_.S ..._NO ~ ~YF.S ___NO "No Bids" r~,civcd from: Mill~ l~i. ll~g & 'WaI. e't Trc~tmcat; Missimcr I~m-n~/oc~ Ail Wcbb's ~ Inc. SEP 2 3 19~°7 't EXECUTIVE SUMMARy REQUEST APPROVAL OF A BUDGET AMENDMENT TO COVER SHORTFALL IN ROAD CONSTRUCTION - GAS TAX FUND (313). I~dF.,122II_Y~: Request the Board approve a budget amendment to cover a shortfall in Road Construction - Gas Tax Fund (313). CONSIDERATIONS: The Community Development Division submits quarterly invoices to the Finance Department for services provided by the Building Review & Permitting Section for Road Impact Fee processing. The account used to pay the invoices has insufficient summary funds to cover the invoices. Approval of a budget amendment is necessary to process payment of these invoices prior to the end ofth/s Fiscal Year so that the account can be properly closed. F,_J.5~: Road Construct/on - Gas Tax Fm~d (313), Cost Center 163673, Object Code 634999 (Other Contractual Services) is showing a negative balance of $50,700. Outstanding internal invoices for Road Impact Fee processing total $7,638. The total needed to bring the account out of the red is $58,400 which is available in Fund 3!3 Reserves for Capital Outlay. GROWTH MANAGEMENT IMPACT: Not applicable. E. EC-..O.i_M~~: That the Board approve a budget amendment in the amount of $58,400 from Fund 313 Reserves to Operating to bring the account out of the negative so that outstanding invoices may be paid. PREPARED BY: ~ /?: ~'~ Marquita King, Senior Secretary David F. B~:~mT~, Interim Transportation Director REVmW~D B~.. Ed llschner, Public Works Administrator DATE: ¢~/0- '9'"'7 DATE:._~~__,~__ mk/090997~S 313 BA.do< SEP23 Elg7 I I ~EXECUTIVE SUMMARY REQUEST THE BOARD APPROVE A BUDGET AMENDMENT RECOGNIZING ADDITIONAL CARRY FORWARD, INTEREST EARNED AND ANY ADDITIONAL FINANCIAL TRANSACTIONS NECESSARY TO CLOSE-OUT WESTLAKE BEAUTIFICATION MSTU FUND 135. ~: To obtain Board mpprovml of a budget ~unendment recognizing ~klitional cmry forward, intea'e~t em-m'd ~ any additiorml financial u-ansac~;ons nec¢,~ary to clod-out Fund 135. Av~ilmble funds will be umxl to reimburse the Road and Bridge Department for drainage work performed to the front of the We~lake Subdivision. CONSI]).~: On December 19, 1995, the Board approved Agenda Item 16(BXI) authorizing sl~ff to perform needed draigage work, culvert pipe installation, and backfill improvements at the front of Westlake Subdivision utilizing the remaining funds ($5,800) in the Westlake Beautification MSTU. The Board al~ approved a Budget Amendment moving all funds to Operating to pay for the work to be done, and to close-out the fund upon work completion. The drainage work, performed by the Road and Bridge Department, was completed in October, 1996. The total cost of the project was $11,357.49. The Westlake Beautification MSTU District was only billed for $5,800, which accounted for all funds in the budget at the end of FY 1995. Since the work was not completed prior to the end of FY 1995, the fund was not closed-out. Therefore, s~aff recommends that the Board approve all funds in the Westlake Beautification MSTU account be paid to the Road and Bridge Department for services rendered. ]~ififf~x~: Recognize $6,070.10 in additional carry forward mad utilize this in cornbmation with $17.76 in available interest to pay the following FY 1996 item,c $6,075.66 in 135-162510-634999 (Oth~ Contractual Services) and S12.20 in 135-162510-643,t~ (Water & Sewer). for ch~mage work performed by Road and Bridge. Any other interesl earning3 r~hould be tr-~nslkrred (residual equity) to the Ro~d And Bridge Fund. GRO~r~rH MANAGEMENqr D, IPAC'I': None. ~COMMEN~A~ON: ~t ~e ~d of ~ ~issi~ a~ove a ~get ~dm~t reco~izing addifio~l ca~ f~'~d, ~ ~d ~ ~y ~i~i~l fi~cial w~cli~s neces~ to clo~4m F~d 135, ~ ~e ~ going ~ ~g m mm~ ~ Road ~d B~dge ~a~t for ~i~ge w~k ~o~ed to ~e b~t of~ W~e Su~si~. P~P~D BY: ~~ DA~: q~/~ ~ D~~5~tion Director Ed Ilsc~r, Public Works Adminis~ator mk~091597/E.S Westlake.doc c ,..? 2 3 lm0'97 . EXECUTIVE SUM~AR~ RECOM]~ENDATION TO DIRECT STAFF TO UTILIZE REMAINING WESTLAKE BEAUTIFICATION M.S.T.U. FUNDS FOR ROADWAY SWALE IMPROVEMENTS AND RESCIND ORDINANCE WHICH CREATED THE M.S.T.U. QBJECTIVE: To allow staff to install culvert pi e esso drainage structure and ~-~-~:~', · - P., ciated ' , ~a~A£1az improvements in front of the Westlake Subdivision utilizing Westlake's Beautification M.S.T.U. remaining funds. Also, direct the County Attorney,s staff to prepare, advertise and schedule an Ordinance that repeals the Ordinance which created the M.S.T.U. and Advisory Committee for the Board's consideration at the earliest agenda date. CO~: It has become apparent that the County,s annual ~°sts to administer the Westlake Beautifica ' approach the revenues ~ene~,~ ..... tlon M.S.T.U. may may not exc ~ ~ ~^^~ ~=~=u ~y an annual tax mil. la e wh' ~. e~ ~~,uuu.uu annuall as o ' ' g , l~h ~lnance #76-38 and as mod~^~ y .... ~lglnally set forth in unls fact, on November ?~ ~ mY~Urolnance #87-39. Due to Association met and acLlt. ~=~,_ =n~ .current Westlake Civic ~nowieage~ that utilization of the remaining funds totaling approximatel 5 9 (which was last a ............ Y $ ' 00.00 in FY 95/9~ pipe, associated drainage s~---~-= _ ?~ xmmz; ior culvert ~ ~uu~ure, an~ backfill improvements located in front of the Westlake Subdivision would be prudent. The Taxing Unit was created for the purpose of beautifying and maintaining the street right-of-way along the perimeter wall and certain other maintenance and repairs related thereto. The proposed work and expenditure of the remaining funds within the M.S.T.U. are consistent with the M.S.T.U. 's intent. In addition and upon completion of the installation, the ~';.S.T.U. Ordinance has been requested to be repealed requiring the County torney,s staff to prepare the Ordinance,s repeal and submissio~ thc Board of County Com~.issioners for consideration and approval. · ~ISCAL IMPACT: A budget amendment has been prepared transferring the remaining funds from the M.S.T.U. 's Reserves to Operating pending BCC approval of this Executive Summary. ~ROWTH ~ANAGEMENT IMPACT: None R CO~DATIO~: That the Board of County Commissioners direct staff to utilize and transfer the remaining Westlake Beautification M.S.T.U. funds as necessary for roadway swale improvements. Executive Summary Westlaka Beautification MSTU Page 2 In addition, direct County Attorney'~ staff to prepare, advertise and schedule an Ordinance that repeals the ordinance which created the M.S.T.U. and its Advisory Committee. The repeal Ordinance should be scheduled for the Board's consideration at the earliest possible agenda date. PREPARED BY: ~f~) (L¢ Val Prince, Staff Engineer REVIEWED BY: ~--~~~ G. F. Archibald, P.E. Transportation Director DATE: REVIEWED BY: Thomas E. Conrecode, P.E. Public Works Administrator DATE: GFA/im/120195/3043 Attachment: Budget Ammendment SEP2319S7~ ACCEPT AN EASEMENT FROM ST. KATHERINE'S GREEK ORTHODOX CHURCH, INC. FOR A RIGHT-TURN LANE ON AIRPORT-PULLING ROAD, ~;;).I~C. EC_I~L~ To obtain acceptance from the Board of County Commissioners (Board) of an Easeme,~t granted to Collier County from SL Katherine's Greek Orthodox Church, Inc. for a right-turn lane on Airport-Pulling Road. ~CONSID. EB~_TION: On January 14, 1993, South Florida Water Management District issued a permit to St. Katherine's Greek Orthodox Church, Inc. for the purpose of installing drainage facilities, a guardrail, water lines, a right turn lane, etc. within the East and West fights of way of the Airport Road Canal. The permit was contingent upon the Distdct being provided with a 20' Easement and Collier County being granted an Easement for a right turn lane on Airport Road. The right turn lane has already been constructed. To fulfill their requirements, St. Katherine's Greek Orthodox Church, Inc. has conveyed an Easement to Collier County, as described in Exhibit "A", attached hereto and incorporated by reference. ~ Staff estimates that the total cost of recording the Easement will not exceed $25.00. The recording cost will be paid by St. Katherine's Greek Orthodox Church, Inc. GROWTH MANAGEMENT IMPACT: None. 1. That the Board of County Commissioners accept the Easement from St. Katherine's Greek Orthodox Church. Inc. 2. Authorize Staff to record the Easement in the Public Records of Collier County. PREPARED BY: ,~~ ~ Wilma Iverson, Senior ~Speci~t R e a~lP rD pe rty/~n az~~/ Department REVIEWED BY:'/~cC~/~CI'"~(' ~/'~/ -- E~"ward Ka1~, ni°r' [::ngineer L '[~vid'Bobanick, Acting Dire¢o REVIEWED BY: .~:~~ ~r Transportation Department APPROVED ~ Ed IIsChner, A~lministrator Public Works Division DATE: ? J/¢ / ~".,.~ DATE: DATE: SEP 2 3 1997 EASEMENT THIS EASEMENT, made and entered into this -2~/ day of May, 1997, by ST. KATHERINE'S GREEK ORTHODOX CHURCH,--'-~C., a Florida corporation, whose address is ? 100 Airport Road North, Naples, Florida 34109 hereinafter referred to as Grantor, to COLLIER COUNTY, a political subdivision address is 3301 Tamiami Trail East, Naples, of the State of Florida, whose mailing hereinafter referred to as Grantee. Florida 34112, its successors and assigns, (Wherever used herein, the terms Grantor and Grantee shall include all the parties to this instrument and their respe~iv¢ heirs, legal representatives, successors and assigns, and shall include the singular and plural as the contexl may require.) WITNESSETH: That for and in consideration of the sum of TEN DOLLARS ($10.00) and other good and valuable consideration in hand paid by the Grantee to the Grantor, the receipt and sufficiency of which is hereby acknowledged, the Grantor does hereby grant, bargain, sell and convey unto the Grantee, its successors and assigns, a p.-rpetual non-exclusive easement, license and privilege for road right of way over and across the lands located in Collier County, Florida, to wit: the right-hand tumi.ng lane lying within that certain strip of land as described on the attached Exhibit "A", which is incorporated herein by reference. Subject to easements, restrictions, and reservations of record. TO HAVE AND TO HOLD the same unto the Grantee, together with the right to enter upon said land, to place, excavate, and take materials for the purpose of constructing, operating and maintaining the road right of way thereon. IN WITNESS WHEREOF, the Grantor has caused these presents to be executed, the day and year last above written. Signed, sealed and delivered in the presence of: 5EP 2 3 1997 (SEAL) ST. KATHERINE'S GREEK ORTHODOX CHURCH, INC. Nick Stamas, President STATE OF FLORIDA COUNTY OF COLLIER ('NOTARY SEAL) My commission expires: '//t The foregoing instrument was acknowledged before me this .9.~ day of c~ ,, 1997, by Nick Stamas, in his capacity as the President of ST. KAT.H'E.~E S GREEK ORTHODOX CHURCH, INC., a Flo0da corporation, who is personally known to me or who produced ~'~ r .d,, ~r .: ,~"xi" / ;~ ,~.£~_ as identification and who did not take an oath. Notary Public Printed Name of Notary This instrument prepared by: Darnel E. Code.,,' 6310 Trail Boulevard Naples, FL 34 ] 08 Phone (941) 597-7184 OIrFICiAL No"rAR y SEA L DANIEL E CON1..EY NOTARY ~J'~l. JC. STATE OF ~A ~- c_o:~,~o,~ ~o. cc~z] r COMMISSION EXp..M.~. 4.2001 dr../e, tsemn t 6 lt~o,o~,~ as to f~-m ~,leqal sufffcSen¢1 ,kSS, ' ' ' ' 1" LEGAL DESCRIPTION ST. KATHERINE'S CHURCH AIRPORT ROAD TURN LANE Commence at the Wen one-quarter comer of Section 1, Township 49 South, Range 25 East, Collier County, Flor/da and run S89'26'57"E for 100.12 feet; thence run S02o13'54,,E for 207.91 feet; thence run S87o46'06,,W for 76.00 feet to the "Point ofBegin, rfing"; Thence run S09o04,28,,E for 100.72 feet; zhence mn S02°13'54,,£ for 184.53 feet; thence run S01°25'05"W for 188.51 feet; thence run N02oI3'54,,W for 472.65 feet to the "Point of Begin.n/ng", conta/rdng 0.09 acres, more or less, subject to e~set;~ents, restr/ct/ons and reservations of record. Prepared by: ~ ~'_/.~_c/ / William C. MeAnly, P.SM. Flor/da Registration No. 1543 McA. nJy Engineering and Design, Inc. 5101 Tamiami Trail East, Suite 202 Naples, F1 34113 SEP 2 3 1997 POINT OF CO~MENCEN£NT W~ST 1/4 CO~NER xT~ON ~. T495. ~25£ '~_S89'26'$7'£ ST. KATHERINE'S CHURCH SKETCH OF TURN LANE AREA OF ~FCINNINC ST KATHERINE'S GREEK ORTHODOX CHURCH GRAPHIC SCALE ( IN FEET ) 1 Inch · 100 It. SKETCH ONLY - THIS IS NOT A SURvEy '"~"~, ~! McANLY ENGINEERING ,,.c~%,~j~,~ /I AND DESIGN INC lilt. APPROVE AMENDMENT NO. 3 TO THE PROFESSIONAL SERVICES AGREEMENT WITH COASTAL ENGINEERING CONSULTANTS, INC., TO PROVIDE PROFESSIONAL ENGINEERING AND SURVEYING SERVICES NECF~SARY IN PERFORMANCE OF ANNUAL MONITORING REQUIREMENTS FOR THE MARCO ISLAND BEACH RENOURISHMENT I'ROJECT. ~)~CTIVE; To obtain approval of Amendmcn! No. 3 to the Professional Services Agreement with Coastal Engineering Consultants, Inc., relative to the estimated armual cost for performance of services during the 1997/98 monitoring period for the Marco Island Beach Renourishmem Project. CONSIDERATIONS; On September 6, 1994, the Board of County Commissioners approved a Professional Services Agreement with Coastal Engineering Consultants, Inc., to provide professional engineering and surveying services necessary for the performance of annual monitoring requirements for the Marco Island Beach Renoufishment Project. Ankle Four and Schedule "C" of this Agreement provides that this contract is intended to be a "continuing contract" as defined in Florida Statutes 287.055 (2) (g) with estimated annual costs being subject to review and approval by the Board of County Commissioners prior to services being rendered. The attached Amendment to this Agreement has been prepared for the purpose of obtaining approval of the eslimatcd annual cost for services to be rendered dunng the 1997/98 monitoring period. Such has been reviewed and approved by the Beach Renoufishment/Maintenance Committee. FI,~CAL ]~4PACT: Fund: Cost Center: Projec~ Number: $100,850.00 to be obli~ted in the budget for FY 96/97. (195) Tourist Development (60%) (110406) Beach Renourisl'unent, Category A (80218) Marco Beach Maimenance. Pursuant to approval of a TDC grant application and associated budget amendment by the Board of County Commissioners on August 5, 1997 [Agenda Item 8 (E) (4)], funds in the amount of $I 10,935.00 have been appropriated for this purpose. RECOMMENDATION: That the Board of County Commissioners approve Amendmem No. 3 to the Professional Services Agreement with Coastal Engineering Consultants, Inc, to provide professional engineering and surveying services necessary to peffon'n required monitoring services for the Marco Island Beach Renourishment Project and authorize the Chaim~an to execute the Amendment. SiP 2 3 1997 Executive Summsry Office Of Capi~l Projects Man~t'ment ?age 2 PREPARED BY: ~ Oilqce of Capital Projects {~anagement REVIEWED B ~~ ~ ~~----~ ~~ Ed Ilschner, ~dmlnistrator Public Works Division pe~¢ ~mhe~ 039 attachment Coastal Engineering Consultants, Ir, c, M~co Island Beach Renourishme~ Advisory Committee Beach Renoufishrnent/Maintenance Committee Date: Date: SEP 2 3 I997 AMENDMENT NO. 3 MARCO ISLAND IIEAC'T[ RENOUR.ISFIMENT PROFESSIONAL SERVICES AGREEMENT TH~S AGKEEM]ENT IS MADE AND ENTERED IN'TO TI'US ~day of __.______, 19 ..___, by and between the Board of County Cornn'rsdoners for Collier ~, Florida, a political subdivision ot thc State of Florda 0'~relnafter referred to as the "OW'N'ER~) ~ Coastal Enginecring Consultants, lac, a Florda cor'po~tioet, aulhoriz~d to do b~t~ness in the Slate of Florida. whose busin~s address is 3106 South Horseshoe Drive. Naples, Florda 34104 (hereinafter referred to as tbe 'CONSULTANT"). WITNESSETH W'H]EREAS. the OWNER desires to oblain the professional engineering and surveying sc'mrces of thc CONSULTANT concerning certain monhoring ser'4ces for Ihe Marco Is/and Beach Renourishment Project (herein after referred to as the "Project"), s~id services being more tully des.cribcd in Schedule A of the original Professional Ser'vic4's Agreement. and W]-[EKEAS. on September 6, 1994, the Board of' County Commissioners approved a Professional Services Agreement ~lh thc CONSULTANT to perform annual monitoring services for thc Project: and WHEREAS, the CONSULTAN'T has submitt~ a proposal for pro,sion of those services during the 1997/I 998 monitoring period, and WH]EREAS, the CONSULTAN'T represcms that ii has expertise in the type of professional ser',,'~ces that w~ll be required for the Project NOW TREREFOKE, in consideration of lhc mutual covenants' contained herein and other good and valuable consideration, the Marco Island Beach Renourishmcnt Professional Services Agr~ment entered into on September 6, 1994 (hereinafter also referred to as the "Agreement") is hereby amended as follows I. Schedule B, Attachments B and C, is hereby amended and revised as set forth in Exhibit "A" attached her~o. Said Exhibit "A" is the June 17, 1997. lener from Coastal Engineering Consultants, Inc. to Project Manager Harry Huber re: "Proposal for Professional Services, Marco Island Monitoring" 2 Article F}ve of the Agreement is hereby amended as follows: Compensation by Ihe OWNER for services rendered hereunder by CONSULTANT shall not exceed an LSEP 2 3 15fl7 i IN W~TNESS WIKEREOF. th~ parties herelo h~ve meca-tod this ~ncndmcnt to the Agrem'nent Ibc day and ye. ax first written fl~ovt ATTEST By:_ Clerk BOA. RD OF COLtNTY COh, O~ISSIONERS FOR COLLIER COU]qTY, FLORID& A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA Approved ~s to form and legal ~uf~c~cncy: ~x Assistant County AHor'ney / Typed'or printed narnc Witness Typed or printed n~me By: T~mothy L. Han~oci~ Chairman Coaslal Engir~wing Consultants, Inc. By: ~ Michael F. Slcphen, Ph~D-~, P G./ President (CORPORATE SE;,L) J SEP23 1997 COASTAL ENGINEERING CONSULTANTS INC Coo~to~ .Survey I~eol Esto~e June 17, 1997 IA" Mr. Harry Huber, Project Manager III Collier County Office of Capital Projects Management 3301 Tami~ Trail East Naples, Florida 34112 PROPOS~., FOR PROFESSIONAL SERVICES ]~L~RCO ISLAND MONITORING CEC FILE NO. 97.281 Dear Harry: Pursuant to our Professional Services Agreement to provide annual monitoring services for the Marco Island Beach Renourishment Project and per our meeting of today, we are pleased to present this revised Schedule B, Attachment C for the 1997 Monitoring Report. Please note this proposal includes monitoring eighty-nine (89) lines including additional lines for breakwater, emergent shoal and C. axambas Pass dredge cut monitoring. Also note this proposal does not include Hideaway Beach monitoring. Schedule B - Attachment C Consultant's Estimate of Additional Services A.8 Post Construction Services A.8.1 Assist Owner Relative to Agency Required Permit Stipulations A. 8.1.1 Aerial Photographs $10,200.00 .4.8.1.2 Beach and Offshore Profiles $48,950.00 A.8.1.3 Shoal Maps $ 3,000.00 A. 8.1.4 Monitoring Assessment $16,300.00 A.8.1J Report Preparation, Compilation and Printing $ 1,500.00 A.8.1.6 Administration $ 1,700.00 A.8.2 Provide Owner Authorized Additional Services A.8.2.1 Design and Coordination of Maintenance Activities $19,200.00 SEP 2 3 1~7 3106 S. HORSESHOE DRIVE · NAPLES, FLORIDA 34104 · (941) 643-2324 * FAX (941) Mr. Harry Huber Collier County Office of Capital Projects Management June 17, 1997 Page 2 ~ 'At Our estimated annual cost for providing these services will be $100,850.00. Charges for these services will be bi]led on a time and reimbursable cost basis, based on the approved Schedule B - Attachment B, attached hereto, which is made a part of this agreement as if fully contained herein. Services beyond the scope presented herein can be provided as Additional Services and shall be authorized in writing by you. We trust this proposal is responsive to your needs. If you have any questions, please contact our office. Sincerely, Coasta~ultants, Inc. Attachment: Fee Schedule SiP 2 3 1997 SCHEDULE B ATTACHMENT B CONSULTANTS EMPLOYEE HOURLY RATE SCHEDULE Exhibit A JANUARY, 1997 Principal Engineer I Scientist I Appraiser Associate Engineer / Sc~ntist I Appraiser Contract Manager I Sul:~"vJsor Project Engineer / Scientist / Appraiser Staff Engineer / Scientist / Appraiser Environmental SpecJalist Technician / Designer 120.00 90.00 85.00 75.00 65,00 60,00 55.00 Scientists include: Geologists * Chemists ' Biologists ' Hydrologists Draftsman $ 45.00 Research Assistant / Appraisal Assistant / Technical Editor $ 45.00 Lab Technician $ 40,00 Construction Observer $ 40.00 Word Processing I Document / Data Processor $ 35.00 Principal Surveyor and Mapper $ 75.00 Associate Surveyor and Mapper $ 65.00 3-man crew $ 85.00 3-man crew (PSM) $ 95.00 2-man crew $ 75.00 2-man crew (PSM) $ 85.00 Photocopies $ .10 leach Blueprints $ 1.50/each Mylars $ 8.00/each Mileage $ .25/mile Hydrographic Survey "Laser Trak' - Standby 'Laser Trak' DGPS Survey System - One Week Minimum Lease $ 2,300.00/week $ Single Frequency Depth Sounder TherTT~l Paper $ E.D.M. $ Microtide Recorder (I month minimum) $ Minifiow Recording Current Meter $ W~zard Processing Software Boat $ Off-Road Vehicle ('ATV') $ 50.O0~alf-day' $ $ 250.00/day $ 125.00/day 7,500.00lmonth 3,000.O0/month 19. O0/roll 120.00/day 500.O0/month 2.000.O0/month 120.0e/month 2 50. O0/day 120.O0/day ReitT~bursebte Exoer[ses will b~ billed at ~st. T~I~I mi~ma~ ex~n~s ~e: ~f-t~ ~ ~ ~ ~E ~ ~ ~ient relating to ~, ~1 ~issa~ and phot~ph~ ex~. I~ ~n~. ~ ~ll ~ pr~ ~ a ~n~ ~sis. S~e~nts are due a~ payable u~n ~ipt. E ~en ~5~ ~ ~ Rates ~ ~is ~u~ are gu~me~ I~ ~ year ~m ~e date s~. j M~~ ~ fee ne~t~ .~te~. ~S E P 2 3 1997 APPROVE RIGHT-OF-WAY CONSENT AGREEMENT WITH FLORIDA POV*~ER AND LIGHT COMPANY FOR 4-INCH SEWER FORCE MAIN. Q]~/]L~: That the Board of County Commissioners, as Ex-Officio the Governing Board of the Collier County Water-Sewer District, approve Right-of-Way Consent Agreement with Florida Power and Light Company (FPL) for a 4-inch sewer force main and authorize the Chairman to execute documents to permit the Collier County Water-Sewer District to construct a new 4-inch sewtr force main in Florida Power and Light Company fight-of-way. ON IDE : The new South County Regional Water Treatment Plant (SCRWTP) Odor Control System will generate a large quantity of wastewater which is beyond the capacity of the existing septic tank system. This requires the design and construction ora new sewage pump station and force main to convey the waxtewater from the SCRWTP to the County wastewater collection system. The SCRWTP Pump Station and Force Main design is complete and ready for bid. A right-of-way consent agreement must be executed between the Board and FPL for the 4-inch force main to be constructed in the FPL right-of-way between the SCRWTP and Landfill Road. ~(~F!SCAL IMPACT: None. GROWTH MANAGEMENT IMPACT: None. .REq;OblMENDATIONS: Staff recommends that the Board of County Commissioners, as Ex-Officio the Governing Board of the Collier County Water-Sewer District, approve and authorize the Chairman to execute the Right-of-Way Consent Agreement with Florida Power and Light Company. PREPARED BY: Mohan V. ~'~~Project Manager Off'~:e of Capital PrOjects Management Adolfo A; Gorf. z. alez, P.E~Di~'e~r Offi3~ t~i~anagement E~'~l~chner, Public V~/orks Administrator Public Works Division MVT:m,a cc: Mike Newman, Water Director Tim Clemons, Wastewater Director 'Attachments: Three (3) sets of FPL Right-of-Way Consent Agreement for execution I I F:PI_ P.O. Box 1119. Saraso18. FL 34230-1119 June 24, 1997 Mohan V. Thampi, P.E. Coilier County Government Public Works Division 3301 E. Tamiami Trail Naples, FL 34112 RECEIVED JUN ~ ? .19~, OFFICE OF CAJ~ITAL PROJEUT$ MANAGEMENT Re: 4" Sewer Force Main/FPL Right-of-Way Consent Agreement Dear Mohan: Enclosed for your further handling please find three (3) copies of the above Agreement that require execution. Upon this execution return all three copies tc me for FPL execution· The only change was to relocate the center line of the pipe line from 10 feet to an area 12 to 15 feet from F?L easterly easement line. (This will be ketween the pole and down guy.) You need to attach one copy cf the revised drawing to each copy of the Agreement. If you require additional information, plea. se do not hesitate to call. Jerry L. Owens West Area Real Estate Department JLO/kl B. 0. £~ /ii ? Enclosures a~, FPL Grmel~ ¢~l~e~'/ · I'~EP 2 3 1997 - In Equal Opportunity Emplo?r M6G-. ~ ~ I~GET-OF-W'AY CO'N~£NT ~G~:L~I:MLrNT FLORIDA POWER & LIGHT COMPANY, a Florida corporation, whose mailing address is P.O. Box 14000, Juno Beach, Florida 33408-0420, Attn: Land Management Department hereinafter referred to as "Company", hereby consents to Collier Count - Board of County~ C~ whose mailing addres~ is _33__q0~ £. ~mi ra~ Nap es, :u Jq~z , hereinafter referred t6 ~ lcensee , using an are~ w--~mpany's right-of-way granted by that certain agreement recorded in Book , at Page , Public Records of Collie~rCounty,~orida. The said area within Company's right-of- way, hereinafter referred to as "Lands". The use of the Lands by Licensee, shall be solely for the purpose of 4" sewer force main , as shown on the plans and specifications su'~-~-~-~ed by Licensee, attached hereto as Exhibit "A". In consideration for Company's consent and for the other mutual covenants set forth below, and for Ten Dollars and No Cents ($10.00) and other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the parties hereto agree as follows: i. Licensee agrees to obtain all necessary rights from the owners of the Lands in the event Licensee does not own said Lands: to obtain any and all applicable federal, state, and local permits required in connection w~th Licensee's use of the Lands; and at all times, to comply with al! requirements of al! federal, state, and local laws, ordinances, rules and regulations appllcaDle or pertaining to the use of the Lands by L~censee pursuant to Agreement. 2. Licensee understands and agrees that the use of the Lands pursuant to this Agreement is subordinate to the rights and interest of Company in and to the Lands and agrees to notify employees, agents, and contractors accordingly. Company specifically reserves the right to malntaln Ets facilities located on the Lands; to make improvements; add additional maintain, construct or alter roads; maintain an}, fact!it[es, devices, or Improvements on the Lands which aid :n or are necesaary to Company's business cr operations; ar.d the right to enter upon the Lands at all times for such purposes. Licensee understands that in the exercise of such rights and Interest, Company from. time-to-time may require Licensee, to relccate or al~er its facilities and equipment, and other improvements made by Licensee pursuant to this Agreement which interfere with or prevent Company, in its opinion, .from properly and safely constructing, improving, and maintaining its facilities. Licensee agrees to relocate or alter said facilities and equipment and other [r,~rovements within thirty (30~ days cf receiving notice from Company to do sc. Such relocation or alteration will be made at the sole cost and expense of Licensee and at no cos[ and expense to Company; provide3 however, should Licensee, for any reason, fa~l to make suc~ relocation or alteration, Company retains the right to enter upon the Lands and make said relocation or alteration of Licensee's facilities and equipment, and other improvements and Licensee hereby agrees to reimburse Company for all of its costs and expense incurred in connection therewith upon demand. 3. Licensee agrees that it will not use the LanOs in any manner which, in the opinion of Company, may tend to interfere with Company's use of the Lands or may tend to cause a hazardous condition to exist. Licensee agrees that no hazardous substance, as the term is defined in Section 101 (14) Of the Comprehensive Environmental Response Compensation and Liability Act ("CERCLA") (~2 USC Section 9601 I14)), petroleum products, liquids or flammables shall be placed on, under, transported across, or stored on the Lands, which restricts, impairs, interferes with, or hlnders the u~e of the Lands by Company or the exercise by Company of any of its rights thereto. Licensee agrees further that in the event[ it should create a hazardous condition, then upon notifica%ion Company, Licensee shall, within seventy-two (72; hours, at its sole~ I cost and expense, correct such condition or situation; provided however that the Company retains the right to enter upon the Lands and correct any such condition or situation at any time and, by its execution hereof, Licensee hereby agrees to indemnify and hold harmless Company from all loss, damage or injury resulting from Licensee's failure to comply with the provisions of this Agreement. 4. Licensee hereby &grass and covenants to prohibit its agents, employees, and contractors from using any tools, equipment, or machinery on the Lands capable of extending greater than fourteen Il4) feet above existing grade and further agrees that no dynamite or other explosives shall be used within the Lands and that no alteration of the existing terrain, including the use of the lands by Licensee as provided herein, shall be made which will result in Preventing Company access to its facilities located within ~ald Lands. Unless otherwise provided herein, Licensee agrees t maintain a forty (40~ foot wide setback, twenty (20; feet on each aide, from Company's facilities. 5. Trees, shrubs, and other foliage planted or to be planted upon the Lands by Licensee are not to exceed a height cf fourteen (141 feet above existing grade. 6. Outdoor lighting installed or to be installed upon the Lands by Licensee are not to exceed a height of fourteen (14) feet above existing grade and all poles or standards supporting light fkxture$ are to be of a non-metallic material. 7. Sprinkler systems installed or to be installed by Licensee upon the Lands are to be constructed of a non-metallic material and sprinkler heads are to be set so the spray height does not exceed fourteen (14) feet above existing grade and does not make contact with any Company's facilities. Aboveground systems shall not be installed within or across Company patrol or finger roads and underground systems crossing said patrol and finger roads are to be buried at a minimum depth of one (1) foot below existing road grade. B. Licensee agrees to warn its employees, agents, contractors and invitees of the fact that the electrical facilities and appurtenances installed or to be installed by Company within the Lands are of high voltage electricity and agrees to use al! safety aF~d precautionary measures when working under or near Company's facilities. 9. Licensee agrees, at all times, to maintain an~ keep the Lands clean and free of debris. Except as provideC herein, Licensee further understands and agrees that certain uses of the Lands are specifically prohibited; such uses include but are not limited to recreational purposes, hunting and camping, and Licensee agrees to notify its employees, agents, contractors, accordingly, and invoices 10. The use of the Lands by Licensee shall be at the sole risk and expense of Licensee, and Company is specifically relieved of any responsibility for damage or loss to Licensee or other persons resulting from Company's use of the Lands for Its purposes. 11. Notwithstanding any provision contained herein, Licensee agrees to reimburse Company for all cost and expense for any damage to Company's facilities resulting from Licensee's use of the Lands and agrees that if, in the opinion of Company, it becomes necessary as a result of Licensee's use of the Lands for Company to relocate, rearrange or change any of its facilities, to promptly reimburse Company for all cost and expense involved with such relocation, rearrangement or change. 12. Licensee agrees it will exercise its privileges hereunder at its o~n sole risk and agrees to indemnify and save harmless Company, its parent, subsidiaries, affiliates, and their respective officers, directors, agents and employees (hereinafter referred to as ?PL Entities), from all liability, loss, cost, and expense, Page 2 of 4 SEP 2 3 1997 ,~.___'L_.~ including attorneys' fees, which may be sustained by FPL £ntities to any person, natural or artificial, by reason of the death of or injury to any person or damage to any property whether or not due to or caused by the negligence of FPL Entities, arising out of or in connection with the herein described purposes by Licensee, its contractors, agents, or employees; and Licensee agrees to defend at its sole cost and expense and at no cost and expense to Entities any and all suits or action instituted against Entities, for the imposition of such liability, loss, cost and expense. 13. Licensee shall, during the period of this Agreement, maintain at its sole expense a liability policy with m:nimum limits of Si,000,000 for bodily in)ury or death of person(s) and $1,000,000 for property damage arising out of a single Occurrence. Said policy shall be endorsed to insure against obligations assumed by Licensee in the indemnity (Paragraph 12). A certificate of insurance shall be furnished to Company evidencing that said policy of insurance is in force and will not be cancelled or materially changed so as to affect the interests of FPL Entities until ten (10) days written notice has been furnished to Company. Upon request, copies of policies will be furnished to Company. Licensee understands and agrees that the use of the Lands for the purposes described herein is expressly contingent upon acceptance and compliance with the provisions contained herein. 14. This Agreement will become effective upon execution by Company and Licensee and will remain in full force and effect until completion of Licensee's use of the Lands pursuant to this Agreement, unless earlier terminated upon ninety (90) days written notice by Company to Licensee, or at the option of Company, im.mediately upon Licensee failing to comply with or to abide by any or all of the provisions contained herein. 15. The use granted herein as shown on Exhibit '~" shall be under construction by Licensee within one (1) year of the effective date cf this Agreement and the construction shall be diligently pursued to completion. Licensee shall give Company ten (10) days prior writte~ notice of its commencement of construction. "Under construction" is the continuous physical activity of placing the foundation or continuation of construction above the foundation of any structure or improvement permitted hereunder. Under construction does not include application for or obtaining a building permit, a site plan approval or zoning approval from the appropriate local government agency having jurisdiction over the activity, purchasing construction materials, placing such construction materials on the site, clearing cr grading the site (if permitted) in anticipation of construction, site surveying, landscaping work or reactivating construction after substantially all construction activity has remained stopped for a period of two (2) months or more. Licensee acknowledges that failure to have the use under COnStruction within the one (1) year time period will result in immediate termination of this Agreement in accordance with Paragraph 14 herein for failing to comply with the provisions contained herein unless Licensor grants a written extension for a mutually agreed upon time. Any request for an extension of time shall be submitted in writiog by Licensee no later than thirty (30) days prior to the expiration Of the one (1) year period for the pro)eot to be under COnStruction. 16. The term "Licensee" shall be construed as e~racing such number and gender as the character of the party or parties require(s) and the obligations contained herein shall be absolute and primary and shall be complete and binding as to each, upon this Agreement being executed by Licensee and subject tc nc conditions precedent cr otherwise. 17. Should any provision of this Agreement be determined by a court of competent )urisdiction to De illegal or in conflict with[ any applicable law, the validity of the remaining provisions shall~ not be impaired. In the event of any litigation arising out of~ enforcement of this Consent Agreement, the prevailing party in such~ Page 3 of SEP 2 3 1997 PG. _~'~' litigation shall be entitled to recovery of ail costs, including reasonable attorneys' fees. 18. Licensee may assign its rights and obligations under this Agreement to a solvent party upon prior written consent of the company, which consent shall not be unreasonably withheld. 19. This Agreement includes and is subject to the provisions described on the attached Addendum. The parties have executed this Agreement this __ day of , 19__. Witnesses: Signature: Name (Print): FLORIDA POWER & LIGHT COMPANY By: Print Name: Signature: Name (Print): Witnesses: (Not Required) LICENSEE: BOARD OF COUNTY CON~ISSIONER$ COLLIER COUNTY, FLORIDA (Not Required) By: Signature: Its: Chairman Print Name:Ii. thy L. Hancock Name Attest: Dwight E. Brock Signature: BY: Print Name: Deputy Clerk Name (Print): .0 Page 4 of 4 ,,,,,, J SEP 2. 3, 1997 / EXF(~UTIVE SUMMARY AWARD A CONTRACT FOR BID NO. 9%2699, WIGGINS PASS MAINTENANCE DREDGING TO LAKE MICHIGAN CONTRACTORS, INC. IN THE AMOUNT OF QI~JECTIVE; To award a contract for performing all operations in connection with maintenance dredging and satisfactory disposal of approximately 49,250 cubic yards of material to be excavated from Wiggins Pass. CONSIDERATIONS; Sealed Bids for Bid No. 9%2699 were opened on August 27, 1997. Advertisement for bids was posted and published in the Naples Daily News on July 28, 1997. Invitations to bid were sent to sixty (60) vendors. A summary of the bids received is as follows: (~QNTRACTQR TOTAL BASI~ BID Lake Michigan Contractors, Inc. Ohio River Dredge & Dock, Inc Hendry Corporation $368,712.50 445,41250 521,625.00 The staff reviewed the total costs and has found them to be correct as tabulated above. Th'. design professional's estimated cost of construction was $400,500.00. A thorough review of the proposals was conducted by the staff and design professional. As a result, based upon verified qualifications and experience, it is recommended that Bid No. 97- 2699 be awarded to Lake Michigan Contractors, Inc. 265 Kollen Park Drive, Holland, Michigan 49423 m the amount of $368,712.50, being the lowest qualified and responsive bidder. The Beach Renourishment/Maintenance Committee has concurred with this recommendation Another matter related to award of this contract pertains to the hours of operation and noise level associated with the proposed construction activity. Due to the nature of this construction and critical time constraims for completion of the projecL it is necessary for equipment to operate 24 hours each day, 7 days each week. Due to the uncertainty of complying with the noise level requirements during the hours of 6:00 p.m to 7:00 a.m. as set forth in Subsection 54-92 (2) ofthe Code of Laws and Ordinances of Collier County, Florida, a time of day waiver is requested in conformity with Section 54- 89 of the Code. In an effort to minimize the impacts in this regard, the contract specifications require that all equipment used on this work shall be equipped with satisfactory mufflers or other noise abatement devices. SEP 2 3 1997 Executive Summary Page 2 Cod; Fund: Cost Cemer: Project Number: $368,712.50; to be obligated in ',he budge for FY 97/98. (195) Tourist Development - 60% (! 10420) Wiggins Pa~ Dredging (80226) Wiggin~ Pass Inlet Management Pursuant to approval of a TDC gram application and associated budget amendnment by the Board of County C~ouer~ on Augul 5, 1997 [Ageada It~n $ (E) (4)], fb_nd~ in the amcnml of GROWTIi MANAGEMEN]' {2VIPACT: Non~ RECOMMENDATIOn; That the Board ofCoumy Con'anLuionen: 1. Award · coni. facl for Bid No. 97-2699, Wiggim Pm Maintenance Dredging to Lake Michilpm Contractors, Inc. in the amoum of $368,712.50. 2. Grant a time of day waiver in conforming with Section 54-89 of the County Code. 3. Authodz~ the Chairman to exexnzte the contract. PILEPAR~D ~Y: H~x~ E. Hube:r, l~:uject ~ m REVIEWED Comtal E~ ~ 1~. Beach ' ' Commiuee S EP 1997 ©00 0©0 000 ZZZ Z 0©0 000 ZZZ I EP 2 3 1997 'COASTAL ENGINEERING CONSULTANTS INC September 2, 1997 Mr. Harry E. Huber Project Manager III Office of Capital Projects Management Collier County Government 3301 E. Ta. rniami Trail Naples, FL 34112 7997 ac: Wiggins Pass Maintenance Dredging Recommendation of Contract Award CEC File No. 96366 (lAS00) Dear Hah'y: Per your request, CEC has reviewed the low bid submitted by Lake Michigan Contractors for the above referenced project. Based upon our review of their bid submittal, it is our opinion that their plant and equipment, as listed, should have sufficient capacity to construct this project with. in the construction time window. Lake Michigan Contrm:tors rccendy suc':essfully completed a similar project, 1997 Marco Island Beach Rcnourishmcnt and Caxambas Pass Dredging, for Collier County. Also, they sucessfully accomplished the 1996 Doctors Pass Ma.intenance Dredging for the City of Naples. Therefore, our recommendation of contract award is to Lake Michigan Contractors. If you require additional information, please call me. Sincerely, COAST~G Mic~~ T. Poff, P.E. Manager, Coastal Division CONSULTANTS, INC. MTP/meb SEP 2 3 1997 ,~._~__~ 3106 S. HORSESHOE DRIVE · NAPLES. FLORIDA 34104 · (941) 643-2324 · FAX (941) 643-1143 EXECUTIVE SUMMARY RECOMMEND A ONE YEAR RENEWAL OF CONTRACT 95-.24'I2 FOR FIXED TERM PROFESSIONAL ENGINEERING SERVICES. O~CTIVE; To extend Contract 95-2422 in accordance with conlract terms for Professional Engineering S~v'ices with the five engineering firms now under contract. CONSIDERATIONS: Conu'ac! 95-2422 approved by BCC 9/26,95 Agenda Item 16(B)3 included a renewal clause providing for an additional one year period. The five engineering firms under conlract responded to the County ~ on renewal and provided infomm6on on their current rate ~chedule. Di~cussiona with ~ch £u'm r,nulted in rate adjustmenta in line with or leu than increase~ in the ave-rage Consumer Price Index dttring the conlxacl period using data rrported by the Southwest Florida Regional Planning Council for this g~ogr~pkical Therefore, one year renewals are recommended for: Agnoli, Barber and Brundage,/nc. Camp, Dresser and McKee, Inc. Hole, Monles and Associates, Inc. Johnson Engineering, Inc. Wilson, Miller, Ba.,'~on and Peek, thc. This item has been reviewed by the County Atlomey. FISCAL IMPACT: Funding for engineering services under th~s contract shall be provided by the ~'- user division and contracted by Work Order and purchase order funded by using agency. GRO~A~H M/~NAGEMENT IMPACT: None RECOMMENDATION: That the BCC authorize the r~newa] of Contract 95-2422 and the negotiated rate schedule for each fn'm as attached. Authoro. e the Chairman to sign the agreement on behalf of the Board. PREPARED BY: c'~,--', ~/4/ (~,?_-- .- DATE: Thomas A Donegan, P.E..,~;~rojec! Manager 7 Mi,'~% Mo)'ntaz.~., Acting~or Project Manager Adolfo A. ~onzalez, P~., ~ Dtr~tor REVIEWED BY: REVIEV~-ED BV:--r~ ~_ Ed Ilschner, Public Works Adminisu~tor TAD/~:/exsum attachment DATE: ~//;1/47 SEP 2 3 1997 ~. J CARP, D&ESSE~. A~ IIC%~E, I~C. SCHEDULE A FIXED TERN{ ?ROFE-SSIONAL ENGINEER/NG SERVICE ENfPLOYEE HOUR/.y BILLING RATE SCF_EDULE C OLLrF. A COUNTY SF. FI'EN~ 1995 Of Hcer Associate/Principal Finandal/~anagcm~nt Consultant Construct/on Manager Sen]or Engineer/Sciendst O&M Sl:~Cia. list Engineer/gc/en6st J'urfior Engineer/Scientist Dtsigncr Cadd Tcchn/cian Construction Inspector ('Fie. ld Services) Clerical/Word Procesfin~Admh 150 125 100 100 95 90 75 65 70 50 45 45 COLE la,7 9/7/95 -29- SEP 2 3 1997 X E TIVE MAR APPROVE AMENDMENT NO. I TO THE PROFESSIONAL SERVICES AGREEMENT WITH COASTAL ENGINEERING CONSULTANTS, INC. FOR THE PERFORMANCE OF ADDITIONAL SERVICES ON THE COLLIER COUNTY BEACH RESTORATION AND MANAGEMENT PLAN. ~ To obtain approval for performance of ~dditional services related to identification of a new offshore sand source for future beach maintenance needs. ~ On May 24, 1994, the Board of County Commissioners approved a Professional Services Agreement with Coastal Engineering Consultants, Inc. to provide professional engineering services related to the design, construction and post construction requirements for the Collier County Beach Restoration project. During construction of the restoration project, all permitted offshore sources of sand for the project were depleted Az such, it is necessary to identify and submit to the permitting agencies for approval, data bom additional sources to provide a sufficient quantity of sand for future maintenance and renourishment needs of the project. Performance of this activity was contemplated in the Collier County Beach Restoration and Management Plan and has been reviewed and approved by the Beach Renourishment/Maintenance Comrrfittee. A description of the additional services and associated cogs for this activity are as follows: ADDITI AL ERV1 ~ Coordinate Agency Requirements A. Assist Owner in preparation and submittal of information to local State and Federal agencies. $10,900.00 B. Coastal Chart review and identification of new target areas. $6,380.00 Environmental and Biologic Monitoring A, Seismic and Sidescan Remote Sensing Surveys. $39,355.00 B. Biologic Diver Survey and Hardbottom Mapping. C. Vibracore Sampling and Analysis D Clam shell Barge Sampling E. Magnetometer Survey S35,440.00 $94,775.00 $20,925.00' $27,120.00 I SEP 23 1997 Executive Sumanat~ Page 2 (2.D.) * & Hydrographic Survey B. Jet Probe Survey $15,195.00 $7,530.00 TOTAL $257,620.00 Thia it~'a to be included u a contingency to be utilized on13, upon further authorization, if determined to be necessary. FISCAL IMi'A~: Cogl: Fund: Cost Cema: Project Number: $257,620.00; to be obligated in the budget for FY 96/97. (195) Tourist development - 60% (110406) Beach Renourishmem & Pass Maintenance - Category A (80225) County Beach Renourishment Pursuant to approval of a TDC gram application and asr~ciated budget amendment by the Board of County Commissioner~ on August 5, 1997 [Agenda Item 8 (E) (4)] funds in the amount of 5283,382.00 have been appropriated for this purpose. ~;]~OWT~ MANA(~EMENT IMPACT: None. RECOMMENDATION: That lhe Board of County Commissioners: 1. Approve the requested Amendment to the Professional Services Agreement with Co.uti Engineering Consullams, Inc. 2. Authorize the Chairman to execute the Amendment. PREPARED BY: t-~a. ruld E. Huber, Pmj~ Manager Pubt~ Works Division [~t¢: 'Z. / z · 97 ~ r:ngineexing Con.tights, Inc. Beach Rsmotmshsmmt/Mamt~ Commiuee paS'~ 1 .~FP 2 3 1997 COLLAR COUNTY BKACH RESTORATION AND MANAGEMENT PLAN PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT h made ~nd e~ered ~o thh ~.day of 19_.__.., by and ~ th~ Bo,~'d of Count), Com,-r~ for Co~Se~ County, ~ a polh~l ~lxiivi,lon of the State of Bor~ Dr~ Na~ F'ka'ida 34104 0~'~ina~ referred to u th~ 'CONSULTA.NT~ WITNESSETH: WI.[EREAS, the OWNER desires to obtain the I~'ofesdona{ engineering and mrveying ~"v~ces of the CONSULTANT concerning identification of · new off~J~ore ,and roarce for fmurc beach rnaimcn.tnce needs for the Collier County Beach Re. oration a~ Mtnagemem Plan 0~reindlu rcfer~ed ~o u ~h~ "Project'), said ~rvicez being more fully described in ExJ~bit 'A" anaehed h~re~o; and W}-[EREAS, on M. ay 24, 1~94, the Boazd of Coumy Com~s.~oners approved Profeniortal Servic¢.~ Agreement with the CONSULTANT to provide profeasionaJ engineering and murveying ~rvic. e% related to the Project; and WHEREAS, tl~ need to identify a ne~ offshore iaaa iourc¢ r~xluires th~ pcrf'on'nan~ of ~dditional ~a-vice$ provided for in pa. rasrapki 2.2 ~ 2.18 of the o~isinal agr eenx-.m; and WHEREAS, the CONSULTANT has mbrni,ed a proposaJ for provimion of theme ~'vices; and WHEREAS, CONSULTAN'i' repr~m~-nts t~t it h.., experfi~ in the type of profe~onal ~ th~ ~ be required for the Project. NOW ]'HZR.EFORE, lh~ Profesr4onzl Services Agre~rnem 24, 1994 is hereby mmended as follows; 1. Schedule B, Atta~ls B and C, th.~l b~ revised u ,:t,a~q ~-,=o. :2. Art,$c3e ~'rv~, Compcnu6on: Compc-nsation by thc OWNER fo~ ~ ren~ed h~reandcr by CONSLrLTANT shall not txcetd an ~p'e~at¢ amoum of :$'257,620.00 ~s provided in Ex~'b~ 'A" ~ched her~o w~tho~ an approprL~¢ change order or ~ntndmem to ~s Agree~ncnt. IN WrI'NESS WHEREOF. the panics hereo have t~ecu~ed ~his ~T,e~clmcr~ m t~e ~ofesslonal Services Agreement for ~he Collier County Be. ach P,~s~or~ion and ATTEST BY: Clerk BOAP3D OF COUNTY COMI~]SSIONE]~ COLLIER COUNTY, F'LORE)A. A POLITICAL SLrBDMSION OF THE STATE OF FLORIDA Approved ~s to £orrn legal sufficiency: A.~st~.m Count,/~o~ T~ or pdnt~ Typ~ or pdnted tame TimothyL l..Lu~x.k, Cl~rrn~n Coam~] En~necdn8 Consuhants, Inc. President (CO.ORATE SEAL) IqF_iq/~a/A~lLr~,~I)~Xthn' 2 EXECUTIVE SUMMARY APPROVAL OF A SECOND LEASE MODIFICATION AGREEMENT BETWEEN COLLIER COUNTY AND CITY OF NAPLES AIRPORT AUTHORITY. ~: Approval of a Second Lease Modification Agreement lx~tween Collier County and City of Naples Airport Authority in order to continue operatio~ for a solid waste traasfer station at thc City of Naples Airport. ~: The Solid Waste Deparhment has utilized at:~n'oximately one (1) ~ of property at the City of Naples Airport for a trask/garbage transfer station since 1976. In order to extend the term of the Lease, the City of Naples Airport Authority has requested that staff prepare a Second Lea.se Modification Agreement ("Agreement") extending the term of the Lease. The term stated in the Agreement provides for two (2) additional years extending the original t~rmination date to September 29, 1999. The annual rent indicates an increase bom the previous year's amount ~ reflects the fair market value determined for the North Quadrant of the Airport to be $0.205 per .squar~ foot. The annual rent shall therefore be twenty-one thousand six hundred forty-eight and 00/100 dollars ($21,648.00) to be paid in monthly installments of one thousand eight hundred four and 00/100 dollars ($1,804.00). This amount reflects a 2.17% increase over last year's rent of $21,189. The rate for the renewal term has been increased in compliance with a cost of living adjustment. ~: The rent for the first year of the Agreement shall be twenty-one thousand six hundred forty-eight and 00/100 dollars ($21,648.00) to be paid in monthly installments of one thousand eight )cndred four and 00/100 dollars (1,804.00). The rent for the second year of the Agreement, beginning tober 1, 1998, shall be increased by the Airport Authority by October 1, 1998, and shall not exceed five (5) percent of the rent paid for the first year. The annual rent for the first and second years shall be withdrawn fi.om: Fund: Solid Waste 470 Cost Center: Naples Transfer Station 173441 Object Code: Rent 644100 There is $21,800 budgeted in FY 98 for this purpose. GROWTH MANAGEMENT: None. RECOMMENDATION: That the Board of County Commissionem approve a Second Lea~e Modification Agreement with ~e City of Naples Airpo~._,Authofity and authorize its Chairman to execute same. PREPARED B .~?..,~c-~. ~::-A.._ .>F. ~.¢~..,/~. DATE: Michael H.)~wlin)~, ReaJ'~h~er~pecialist, Real Property Management Department RE VIE 'sVED BY: .~'~~~,.'/.~'"/~r~// DATE: David W~. Russell_, Director, Solid Waste Department REVI EV~ED B~~ DATE: ~:~-/ Ed Ilschr, er, Administrator, Public Works Division SEP 2 3 lSB7 SECOND LEASE MODIFICATION AGREEMENT THIS SECOND LEASE MODIFICATON AGREEMENT entered into I~s ~ d~y of . 1997 Naples, Collier County, Flond. a by and between City of Naplei Air'poe1 A,athonty who.sc mafltn~ addreIs ~t 160 Ehnv~ North. N;~plcs, Florida 3410,4, hereinafter r~ferred lo as =LESSOR". and Colher County. s pohhcal subdsvmo~n of thc S~tc of Floncia, whos~ mlflmI address ~s 3301 East Tim~lml Trail. Nsplel, Flortda 34112, herc~naflct rtfencd Io 'LESSEE". WITNESSETH WHEREAS. ~he LESSEE ~nd LESSOR haw prevlo~sly entered into a L~s~ AD'e~--mcnl daled Sc'plo'tuber 3lt. 1993 (thc 'Onltnal L.el~e A~eemenl"} nmi a ~ Modification A~r'eernen! dasd January 16. 19~6; WNT..R~, I~ LF~,iE[ and L~,I$OI~ ar~ ks~o~ of amendinI t~ On.mi L~se Alreement; ~nd NOW 'r'H'EI~.FOR.E, in cm~lidemtion of the coy, manes and a~'eerncntl prov~ed helm and Ten Dollars {$10 00) and o',her v~lusb~¢ r. onsidcrati~, sa~ Original Lea~ Agrx-onent il he'Ptby amc'haled ia follows I. The follow,Ii s.~.[l be ~d~ed ~o Mtcle 2 of the On ~nn~l L~aK .a,~.~-.mcm: If t.hlt L~e ~.rm. u modified, Ii no~ terminated or exp.'ed by S~l~ernber 29. 19'97. th,s L~as< shall a~oma~cally ro',cw for two (2) a~dnmr'a] Icrms of es, K (1))~a~ c~ch 2. Thc foIIOW~nI shall bc id4~d lo A~icl¢ ] of~c On~nal ~ A~'t~nent: CornmencmI on Oclol>cr I. l~'7. LESSEE hereby cov~nu m'~ liras m l~Y as ~ for the Demised the turn of one Ihous~nd e~g~,! hundred and four dollars ($1.~04 00) ~ month. If~he ~nn.al ~.~ ~$ m ~ ~',;a~l Ihc Ierrn b~gmnlnll Oclober I, 199~. LESSOR thall adv~s~ LESSEE by October I. 19'91 of any sa,ch ~ncrel,..¢, ,ncreasc sh.~]l nol e~.cecd fivc {Ii) i:~n-cem Of thc ptew, ous y~at't annual i'~m. 3. The t'ollowmg sh~ll b~ dele!cd Dom A~t~clc 6 of t~ Or~l]na] ~ ALvI'HORJ'TY, w~thout wl~lntini or guarin~cemE cvther s.t"~ce o~ thc ~d,eq'~ of q'u~ht) of aam~ ~. fi! fu~"n*sh ~hc D~mlsed Premises wnh ~'ash dumpstcr set'ace and thc sc'r'v~ccs ora nigh! security force 4. Excel! as expressly prov~dc,~ hereto, Ihc ,'~gm~l Le~ A~'mem. as modified, betw~"n City of Na'p~ Att~ Au:honey an~ Colher County for utfllzauon of the premtscs d¢~nbed tn t,,~d Le~s,c Ag~"~'ne'nt re'rr~mi m full force and ¢ffcc! Iccordmi Io !he terms and COradltlon$ contained therelrl, and ~a~d I~tns I condltmos am al:q)hcable here:o exce1~ as exFrcssly provtded othcrwts¢ herein. ~ v, TrN'ESS WHEREOF, the LESSEE end LESSOR have hereto e:~tcmed ~s Secon~ L.--a~ Mochficat;c,~ A~'cerntmt the a.y and year firsl Ibeve ~,'nnen AS TO THE LESSOR: CITY OF NAPLES AIRPORT AU'I'HOR.rf'Y DATED: W]~¢ss (signature) (pnnt name} AS TO THE LESSEE: DATED: A'VI'EST: DWIGHT E. BROCK. Clerk BY: , l:~...puty Clerk BY: JOSEPH BA~,'DLD, FIAK, V~ce C'h~m'nan Approved as to form and legal sufficiency: l-~cidi F~ As'bran Assistanl County Atlcrmey BOARD OF COL%'TY COMMISSIONERS. COLLIER COUNTY, I:'LOPdDA BY: TIMOTHY L. HANCOCK. Chairman EXECUTIVE SUMMARY RECOMMENDATION THAT THE BOARD OF COUNTY COMMISSIONERS REJECT PROPOSALS FOR RFP #97-2649 -RECYCLING OR REMOVAL OF AGRICULTURAL PLASTIC MULCH" AT THE IMMOKALEE LANDFILL. ~: To gain Board of County Commissioners approval to reject propo~ls for .... ch" RFP//97-2649, "Recycling or Removal of Agricultural Plastic mm at the Irnmokalee Landfill. ~: On May 20, 1997, Agenda Item 16B(I), the Board of County Commir~ioners approved the reissue of RFP #97-2649 in order to ac~mplish the recycling of agricultural plastic mulch at the Immokalee Landfill The submequent RFP #97-2682 was awarded to R~ L Industries. The award of RFP #97-2682 requires Board action to formally reject the previous RFP #97-2649. None. ROWTEI MA A EMENT IMP T: N/A. RE_._C~: That the Board of County Commissioners reject proposals for RFP #97-2649 for the recycling or removal of agricultural plastic mulch at the Immokalee Landfill. PREPARED BY: ~~ell, D~rector, Solid W~e Manalement Date i)epartment REV'I~V/ED B'Y~-~ - . L .- .... Date -- ~bli~ Worio Admints~rntor PUBLIC WORKS DIVISION DWR:ad SEF'~ 3 1997 J ,It~PROV~ & D~'V'~LO P ~ COMTIt I BU'~ XOM &OIt.E~M~ ~ ~l~ ~ ~ MO. l~. ~t TO ~lmum a roa~ ~ct fsi cr~t to the ~m~ of pro~ ~h~ch~ am ~nd~t~on of Ordinance Mo, ~5-30, ~h~ch ~dm ~d~n~ce Mo. 84-2X~ ~r~n shall donate la~ for m ~ain~gm mlm~nt ~nd ~d right-of~ay fo~ ~dio ~1 Ordinance No. 92-22, Il ~nd~, ~ion 3.06 pr~ldml fOr develo~r order ~s~ed by ~. County. U~d~r ~be provl~on~ of ~he ~e-r~fmr~nc~ ordinance, when the Tranl~rtation A~inim=rator approved ~hm dedication of laid land am ~ng nmcmssa~ for ~he conm=ruc~lon of ~Xlimr ~un~y to approve a Dmvmlo~r Contribution Agree~nt which will mst~Xlmh m cr~lt againlt ~pact fees othe~ime payable for the develo~nt of the parent ~rcel fr~ which the dedication c~. The future four-laning of Radio Road fr~ Santa Barbara Blvd. to S.R. 84 Is list~ am C.I.E. Project No. 16 under the Tranm~rtat ion Ele~nt of the C~prehens lye Plan. Ordinance No. 95-30 re. ires that the Develo~r grant an eame~nt ass~iat~ with the ~prove~ntm to Radio Road whose width ~uld vary fr~ 30 ~o 35 f~t for drainage ~rglel along the entire east ~undary of said Green Heron (hereinafter referred %o as the "First ~ntribu%ion"). The Develo~r ham previously platted In Pla= B~k 17, Page 93, Tra~ "I', twenty-five (25') foot road right-of-way along the north side of %ha~ ~lon Radio Road, which abuts Green Heron P~ (hereinafter referred to am the '~econd Contribution' ) · County Road Impact Fee Ordinance No. 92-22, as ~nded, re. ires ~hat %he value the First and Second Contribution shall ~ based u~n an appraisal of ~rket value of the Firs~ and ~econd ~ntribution. ~llier ~unty and the Develo~r have caum~ the ~rket value of the First and Second ~n=ribution %o ~ a~rais~. ~=h ac~l~ge and accept that the value of %he First and ~econd ~n~ri~tion Is Hundred Seventeen Thousand Seven Hundred Eight ($117,708'.O0), ms ~eriv~ fr~ an analysis of c~par~le salem of similar pro.riles, ~en unrelated ~les bargaining transaction. In accordance with Section Eight: ~n~ntm to Traffic I~rov~n%s, It~ ~e, of Ordinance No. 95-30, the Develo~r shall provide left and right ~urn storage lanes on Radio Road at the project entrance and ~he ~vmlo~r mhall ~ ~nsating right-of-way to the ~unty in exchange for ~he r~ir~ turn l~es ~ ~lan o~ning u~n final plat a~roval or earlier when re~est~ by ~llier ~nty. $57 23 i997 T~o states the Developer shall pay a fair share contribution for any o~her traffic way0 lmprov~nta including turn lanes, median openings, and o~her ~prov~nts under ~%h the t~-lane and the four-lane condition, in accord with a~.ociat~ wl~h ~ real,ed ~i~lation~ l~ ~lve Thousand F~r ~un~ Seventf-Elgh% ($12,478.00) Dollars. ~llker County and the Develo~r are In agre~n: ~ha= the credit of $12,478.~, r~kr~ ~=su~% ~o Se~ion Eight, shall ~ sub~ra~ ~r~ ~he to%al velue of First and S~o~ ~n~rl~lon In ~ ~n~ of $11~,70~.00, leaving a balance $105,230.00. By l,~uing the Road Impact Fee Credit in exchange for the develo~r con~rl~tion, ~he Dis.rict ~o Road Impact Fee Trust A~co~nt wl$~ suffer a loss accruals In the ~ount of $105,230.00, h~evar, such xoss x acc~ala la anticl~t~ to adversely affec= the cash flow or li~idlty of the funds In the Road I~ct Fee District. ~~ Nonm. The future four-laning of Radio ~oad fr~ Santa Sarbara Blvd. to S.R. 84 i. a CIE project under the Trans~rtation ~l~nt of ~unty's ~prmhenmive Plan. ~~ That the Board of County Co~issioners: 1. approve the impact fee credit In exchange for the First ~ntribution and Second Contribution; 2. approve the Develo~r to tranmfez the impact fee credit to Reuven Builders, Inc., the contract vendee of %he pro~rty; 3. authorizm its Chairman to exmcute m Devmlo~r Contribution Agrm~nt, ~half of the Board of County C~ismiooerm; and 4. accept fr~ the Dlvllo~r the conveyance of thole llndl nlCellaU for conlt~c=ion of the ou%fall swale, In advance of the roadway conlt~ion fr~ Santa Barbara Blvd. to S.R. 84, ~rl ~rticularly descried In ~he attached Drainage Easement which hal ~en pro. fly ixecut~ by the duly auth~d representatives of NapIII Allociatem. ,~,~ 1.~ ( ~-" SEP 2 3 19S7 Fercel: ~6 DF ¥ T.l,~O p ~L COl~f~ I ~U"f I OR THIS DE'V£LOI"£R CO~l~l~ ACR~ (hete~n~[ter reserved ~o a~ Suildtn&. ~aples. Florida 33962. ,~ ~F~$ A~A~, in ~tO ~2R~S. the futura four.ta:~tn~ of Radio Road fr~ Santa [arbara &lvd te S.R. 8~ ~s listed as C l.K ProjeCt Ho. 16 under the Trans~rtaclon []e~nt of the Councy's Comprehensive PI~K AlthouKh Radio Rune. CIE ~6. ts outside the S K 8~ Iteron. a planne~ Unit Development. ~ls approved by the Board of Count~ Commissioners On April 18. X995: and Contribution'); and ~ZR~S. the Developer lb.,il receLve Road Impact Fee CredJt~ pursuant Ordinate Ho. la-~l Sot the prevtoully p~atted road rt&ht.of'~ay and ~IIER~S. County Road Impact Fee Org[~a~ce No, g2-22, a~ amended, req value of the First and Second ContributiOn ts ~[ ~tl~KD SEVK~EEN WII£REAS. J~ accordance ~,lch Section Ir l&hc Ama r~dme.~,l q t,, Developer eh41l provide le~t and rL&ht turn I~ofl&e [inel on ~d[o Romd ~l the pro, eec entrance and ~he Developur ~h~ll deed compenlltin~ ri&ht-o[-voy ~o ~R~S. i~ has been de~ermined th~c .3 acr~ is required to ~e~ THOUS~O FOUR HUNDRED SKV~TY-K{GHT (S12.A78.00) ~L~RS; and ~{~R~S. iC il ~ually ~reed by bo~h parties ch~t ~ht ertdtr ~.f ~2,~78 00, required pursuan~ ~o Section Kishc. shnl] be subtracted from le~vlnl · bnlance of $105,23000. developmen~ upon t~e Property h~s been completed; and ~HER~S. such proposed pln~. viewed [n conJunc~ton rich other e~tsttn~ ~HER~S, ouch propoeed plan, vieued &n conjunction w~th other or ptopo*ed plan*, ~) not create a detr~nenta~ Lmba[ance between the SEP231~7 I NC:)~. TH~£FOR£. for and in confiderltlon of the premises and respective DCIL~JtS. ·nd ocher &ood ,nd v,ludbl, co~sSder·tion, the r,ce~pt and p~rcloe ·e to~ovs' il · port o! cbt, Aireel~nc. In the aforesaid F~rst Concr~button ~e ~ve~oper kno~s of no d~fect~ enc~bzance ~ticttn& Chi FLrst Concrlbu=Zon+ County, Flortdl. co a Road ]~pnct Fee Credit ir, the a~ount of ONE HUNDRED FIVE THOUSA~:2 HUNDRED THIRTY {5105.230 OO) ~L~RS Such credit shall be effective recurdaclon DE the Draina&e Easement in the Public Records of CotJier Coun:v Florida~ 7. Effective i~edtately, unCi[ development of the Property bulldln~ permit which {i npp{ied (or on the Property. rfduct~R the h**~,,ce issued. 8. County shal~ provtd~ Developer vlch I certiile~ cory certified copy of Exhibit 'C' (Road ]epact Fee Credit ~d&er). sha]l seT'., .,~ balance, both the County Official issutn~ the buildin~ pereit and ~,'e Developer's Representative ipp]yln& :o~ the bulidin& permit ~hall prl-: sL&n their SE? 2 3 lg97 $ 11. County shill record thla Alree~ent In the Public Record, of Collier County. Florida. vithin fo~rtean il&) gays of ltl execution by the Chnttm~- nl the ~4)erd O[ Co~ty ColmlllilO~erl. relief Cfi the Circuit Court of ~oltier County. Floridl. to enforce the terml L3. T~L~ A&reemenC mey be ~ed o~ canceled onl~ by the ~tvi~ ConlenL L~. ~ti A~eemenc m~ be executed ~n coun~e~pirts, e.ch o[ vh[ch shall be deemed an orl&Lnal, but all such counterparts to,ether shall constitute buc [6. ~ls A&reeeent Is ~overned and conltruld in accordance rich cbt la~q o[ the State of Florida. IN ~[TNESS UH£REOF. the County and the Oeveloper h~ve AS TO COUNTY: DATE: ATTEST: D~]GHT E B~OC~. Clerk . Deputy Cler~ BOARD OF COUNTY COItHISSIONERS COLLIER COUNTY. FLORIDA TIMOTHY L. HANCOCK, Chairman AS TO DEYELOP£R: ~_,(, /... ~:. ..~,, , 'Uitne~s (Sinecure) Name '~' (Print o~ type) (Print or TTpe) STATE OF O~lO COUHT*Y OF ~d~T p~rtner, on beha]f of flnple~ Asxoclates. an Ohiq &enerel partnership per,onaliy known to me or ~1~o Ires produced (St&naCre o~ Notary Public) (Print Name NOTARY PUBL]C l EX.H~ BlT County, £1ortde. ly~n& north of County Road 156 (RadLo feet: t~n chlnca alo~ the volt ~tne o~ chi £ast ~/~ at Section 33. NOO'O6'26'V, 310~.22 ~eet co a polar on chi oouch right-of'ray of ~nterJCate I-TS; chance alan& said rlghc-o~.v&y N~7'~'~6'£. chance 1~6~.6~ teac alan& the nrc o~ a curve, cu~-vSn& co the cSjhc ~hroug~ a S~'~S'~5'~ ~0.02 (eec to the ~JlC l/A corner O~ Section ~]: thence co~c~nul~& 4~o~& else ~eccio~ ~tne S~'~&'28"L 2D6~.68 co I po~c on the north Developers, ~¢. ~d ~ecorded on September ~0, ~990 ~n ~lJ In~ IxcepC ~he parce~ o[ land that vas con~eyed by Vlt~inC~ Deed Co Hixvl~ o~ NIp,Ii Corporation i~d ~ecorde~ on HI~ ~?. ~99~ ~n O(~c~ Records ~ss and ~xcepc ~he p~rcl~ of land chac vas conveyed by Varranty Died Co Reuven Hl~n ~u~lderJ. Inc. and recorded on June 29, 1995 In Official Records ~ook 207~, pn~e 00~2 ec seq al ~he P~b~c Records al Co~Ler County, F~or~dn SEP 2 3 1.°,97 i PRO,,~CT: NO ~03~ Polio ~O~2962Bb~C/] 26 EAS7 SECTION 34, TOWNSHIP 49 SOUTh, RANGE COLLIER COUNTY, FLORIDA LAND DESCRIPTION ~Cn~ 33: ~6~ ~ ~'3J'03" ExST ~G S~O P~ALLEL L/NE r~ A ~[NC[ N~ ~'JJ'O~' C~5T ALPC SA~O PaRALLeL Ll~ fO~ A OrSTa~C~ JJ: ~S~[RLY ~r-~-W~r Ua: SCALE: 1' - 50' ~ ~RSTA~ 75 SKETCH AND DESCRIPTION PREPARED BY: NOT A SURVEY ~/ [..Y~[blT '¢' DE'VEL,OP£R'S RO~D IM?^CT FEE CREDIT LED<;ER ~._~T.~: Tl~t· Ros~ Impact ~e· Credit ~ads·r t· intended to document th· balance of Ro·d Iepect Fee Credite epply~n~ ONLY to th· followin& property: A parcel o~ lend lyin& [n S·ct~-n 33. Township &9 South. Ran&· 26 ELS:. Collier County. Florida. lyin& north of County Road 156 (Radio Road) and sou:? of later·cate Hi&h~ay 1.75; bela& more particularly describe& a· follove ComlencLn& et the southeast corner of Section 51, To~'nehtp &9 South, Rsn&e 26 Ellt, Collier County. Florida. Run thence NOO'I&'2S'W, 50.00 feet ·lo~& east line of eatd Section ~, to I point on th· north ri&he.of.way lie, e of County Road 856. Said point ~·In& th· Point of Be&tnntnb. Run thence seid north ri&hr-of-way eBg'24'12"W. 26&~.56 feet; thence SB7'&&*21'~, ~40 feet: run thence alone th· west ~tne of th· East 1/6 of th· Vest 1/2 o~ Section 33, NOO'O6'25'~. ~O~.~2 feet to a point on the mouth re,hr-of-waY of Interstate 1-75; thence alone said rlLht.of.w·y N87'5~'16"£, 1917 67 feet thence 1161.63 feet alone the arc of · curve, curves& to the ri&hr throu&h a central an&la of 05'51'20' at a radius of 11366.&a feet to a point on the east line of tho aforementioned Section 31, sat& curve haven& a chord of lltl feet end chord beetle& of SS9'09'O&'E, thence alone ·aid east SOO'15'~5'E~ 550.02 feet to the East l/& corner Of Section 11; conclnutn& ·Ion& east section line SOO'I~'2~'E. 2561.68 to a point e~ the r. crtt' Las· and except the parcel of land that vas conveyed by Warranty Deed to Developers, ~nc. and recorded on September lO, 1~90 tn Of~lct·~ Records 1~57, ?a&e 1181 et seq of the Public Recotd~ of Collier County, Florida L~se and except the parcel of land that was conveyed by Vertex:; ~ee~ to Max~ell o[ Neplel Corporation and recorded on Hay 17. 1994 In Off~c:a~ Eecrrds book 19a8, Fa&e 0120 et Hq of the Public Records o~ ColLier County. HaLe Builders, Inc. and reco':ded on June 29, 1995 en Official Recor~ balance .................. [$1OS,230.O0! s 29 L.M.R. OFFICE OF CAPITAL PROJECTS 5501 EAST TAMIAMI TRAIL NAPLES, FLORIDA ,34112 (,941) 774-8192 LOCATION MAP .33 CHECK£D Isc"u:t~ O NE 12-97 RR-01 Project: Kad[o Rued Pheke Percet: ~S [.AS£~1£l¢'~. mede end entered tg~,b7 Neplel kllOC$1tll, en Oh So lenere! parcnerehtp, he'.'lnK .I ',-,' .L. S~.~ ~C~. ColOrer County. i pQ~[t~C~ mu~divJ~Jofl 0~,~ tO t~m ~nlCr~nt mhd theic rempecttve belts. [e&l) repr~n~' '," ~ m~cemmo~m 4~d mimt&nl.) U Z TN [ S S ~ ~ Grantor. for end tn cone~dererion of T£N DOLLARS ($~0.00) end other conl~dlrecton peld by the Grantee. the receipt led luf~lctency of hereby &cknouled&ed. hereby conveys, &rents. ber&&tna end described lands loceced in Co~ec County. Florida. co ~lt See attached £xh~bic 'A' vhlch $e lncorporeted hlCll~ by rlfet~ncl. T~IS IS NOT HO~£STL~D PROPERTY TO I~,V£ A~D TG HOLD the sa~e unto the Grantee toðer ~;:n :1, :. 'c IN V~TN£SS VIaEREOP. the ~rentor I~e caused :~ele prem~r:s :~ - · U~tnesa Name ;~' ~,~ e/^~C~ ~,,~C' (Print or type) ~tCness (St&nature) (Print or Type) J.SEP23 197 (frSnc Nama o[ Notary NOTAJ~Y ~ILIC ~.~ Sertal/Co~lsslon I: ~y Co~tsnion txplrek:~~ ExHiBIT SECTION ,34, TOWNSHIP 49 SOUTH, RANGE COLLIER :COUNTY, FLORIDA LAND DESCRIPTION JJ t-C~C[ S~ ~'JY03' ~;t ~;~ t.c C*Sr ~,~C ~ SA.; s~.r-c~S~ ..- ~ IA w 30.07 R,~T-~-w~T ~C~ Jd, TO~ 4~ S~. ~n~ 2~ [~$r B~A,~C S~ ~'~l ;6' ~,. * ~.. - SKETCH AND OESCR,PT;ON ; . :. 2 3 L%7 RECOMMENDATION TO AWARD ANNUAL BID ~97-2703, BAGGED ICE, FOR FISCAL YEAR 199%98. ~: To award Annual Bid #9%2703 for Bagged lee Sexviee in Fiscal Year 1997-98. CONSIDERATION: Irrvitatiom to bid were ~m! out on June 2, 1997, and opened by the County Purchasing Dei~a'tm~t on July 1, 1997. Thc bid tabulation abeet is attached to this summary. The bid is for term agreement for aervicea and will be purchas~ on aa as-needed basis only. The amount shown is not inteaxled ta be a fixed amount since the type of nece~ity or emergency to arise will affect the ordering of the services. One bid was received for bagged ice service under Bid g97-2703 (Road and Bridge Section). Naples Ice was the sole vendor. EIS_CAL_LM. pACT: Total estimated cost for the service to be provided $7,000, which is budgeted in Road and Bridge Fund (101), Cost Center 163620, Object Code 634999 (Other Contractual Services). GROWTH MANAGEMENT IMPACT: Not applicable. RECOMMENDATION: That the Board of County Commissioners award Bid #9%2703 to the sole bidder, Saples~_ied ice service f°r the R°ad and Bridge secti°n' PREPARED ~V. --//~ . DATE: Larry Henry, Road &,~-idge Superintendent Stephen Y. CaYdell, Purchasing Director l~avid F. Bobanick, Interim Transportation Director REVIEWED BY:~ Ed Ilschner, Public Works Administrator DATE: g:RB Ex Sum Ice Bid.doc .BULAT1ON FOR BID #97-2703 POSTING DATE: June 2, %997 · 'Ba~¢d Ice Service" OPENING DATE: Jul? I. 1997 IN-V"iTrATIONS SENT TO: ~ Vendors VE~OR NAME ~ ~ ~ I ~c, ~ .......... Price per Bag - Delivered 'fv'eiitht per Bag - LBS. .Monthly rem~l re: for freezer units usage ofic~ is less uh~ ~0 bags Fe: we~k Prompt payment S S $~ $ ~ ._Z_--*' * ~da.s s ,x,'¢: ~ da.'. s "No Bids" received from: EXECUTIVE SUMMARY RECOMMENDATION TO UPHOLD COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS' DIRECTION TO PROCEED WITH JUDICIAL ACTION TO ESTABLISH PRESCRIPTIVE EASEMENT RIGHTS IN FAVOR OF THE COUNTY AND THE PUBLIC OVER THE ROAD SEGMENT KNOWN AS MILLER BOULEVARD EXTENSION AND TO APPROACH PROPERTY OWNERS TO OBTAIN EASEMENTS BY GIFT. To uphold a Board of County Commissioners direction on July 29, 1997 concerning a road segment known as Miller Boulevard Extension for staff to proceed with a judicial action to establish prescriptive easement rights in favor of Collier County and the public over the road segment known as Miller Boulevard Extension and to approach property owners to obtain easements by gift. CONSIDERATIONS: A. Statement of the Issue: This agenda item is in response to the Verified Complaint which was "served" on the County on August 28, 1997 and which allegedly contests the actions of the Board of County Commissioners on July 29, 1997 in the direction to staff to proceed with a judicial action to establish prescriptive easement rights in favor of Collier County and the public over the road segment known as Miller Boulevard Extension and to approach property owners to obtain easements by gift. Background: On September 10, 1996, the Board directed staffto pursue transportation improvements to a segment of a private, unpaved roadway known as Miller Boulevard Extension between Miller Boulevard and the plattexl Golden Gate Estates and Tamiami Trail. The purpose of these improvements is to allow passage for emergency service vehicles. Since Miller Boulevard Extension is currently a private roadway, the County has no authority to commence construction on the roadway, except for its claim to a prescriptive right. At the Septerp. ber 10, 1996 meeting of the Board of County Commissioners, the representative from the Florida Wildlife Federation stated as follows: "I also need to clarify that we are not opposed to a minimal upgrading of that road for forestry, for emergency purposes and safety reasons .... our concern is pavement..." (See page 26 of the minutes of September 10, 1996 BCC meeting.) Ex¢c~t½v¢ Summary Verified Cornpl~m Mill¢~ Boulcv~rd £xtcnsion Pagc 2 At the July 29, 199'7 meeting of the Board of County Commissioners, the Board directed staff to pursue a judicial action to establish a prescriptive right in favor of Collier County and the pubIic over a road segment known as Miller Boulevard Extension. It also directed staff to approach properly owncrs to donate easement interests to the County for the said road. The Board also advised staff that transportation improvement did not include the paving of Miller Boulevard Extension. Co Analysis: Since ti'tis is a matter which can result in potential litigation, the comments and analysis by staff and the County Attorney's Ofrice are specifically limited. However, in summary, it is the contention of Collier County that the following are fatal defects with regard to the Florida Wildlife Federation's Verified Complaint: l. That the Florida Wildlife Federation does not have the necessary standing to enforce any local comprehensive plan through a Verified Complaint pursuant to Section 163.3215, F~. 2. That the direction by the Board of County Commissioners concerning Miller Boulevard Extension was not a development order subject to review under Chapter 163, ~ 3. That any actiens of Collier County, by and through County Administration and/or the County Commission are appropriate and consistent with the Collier County Growth Management Plan; Chapter 163, Florida Statutes and Rule 9J-5, t~lorida Administrative: Code. 4. That any complaint by the Florida Wildlife Federation as to Miller Boulevard Extension is barred by the doctrine of estoppel. 5. That the provisions o£ Section 163.3215, florida Statutes only require that a response be made to the Verified Complaint and fha! a public hearing is not required under this statute. Options 1. Reject the Verified Complaint and direct the County Attorney's Office to defend same. 2. Accept the Verified Complaint and schedule a public hearing on the subject. 3. Accept the Verified Complaint and direct staff to place the item on the Board of County Commissioners' agenda in an attempt to void the Board's direction of proceeding with the judicial action to establish prescriptive easement fights in favor of the County and the public over the road segment known as Miller Boulevard Extension and of approaching property owners to obtain easements by gift. 4. Direct staff otherwise. A copy of the Verified Complaint is atlached. SEP 2 3 ~57 Executive Summary Verified Complaint Miller Boulevard Extension Page 3 FISCAL IMPACT: None CoROWTH MANAGEMENT IMPACT: If a lawsuit is filed in Circuit Court, it may ultimately decide whether or not the actions complained of are consistent with the County's Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners uphold its decision to proceed with the judicial action to establish prescriptive easement rights in favor of the County and the public over the road segment known as Miller Boulevard Extension and to approach property owners to obtain easements by gift; and direct the County Attorney's Office to defend same. Prepared by: Assistant County Attorney Date Prepared by: Assistant County Attorney Date Reviewed by: D~vid F. Bobanick, Interim Transportation Director Date Approved by: Ed Ilschner, Pubhc Works Admrmstra or Date f:'~xecutiv¢ s~illev Blvd. Ve~fied Complaint I SEP23 1997 BEFORE THE BOARD OF COLLIER COUNTY COMMISSIONERS FLORIDA WILDLII=E FEDERATION, a not-for-profit Florida corporation, VS. COLLIER COUNTY, FLORDA. Case No. / VERIFIED COMPLAINT FLORDA WILDLIFE FEDERATION, a not-for-profit Florida corporatio,-t, files INs Verified Complaint pursuant to Section 163.3215, Fla. Stat. (1995), against COLLIER COUNTY, FLORDA., a_nd alleges: PARTIES 1. FLORIDA WILDLIFE FEDERATION ("Federation") is a Florida nonprofit corporation, whose address is 5051 Castello Drive, Suite 240, Naples, Florida. The Federation owns real properly in Collier County, which is more particularly described on the attached exhibit A. 2. COLLIER COUNTY, FLORIDA ("County"), through its Board of County Commissioners, is responsible for implementing the requirements of the Local Government Comprehensive Planning and Land Development Regulation Act, Chapter 163, Pm II, Fla. Stat. (1995), including the statutory requirement to adopt a loc. al comprehensive plan and to ensure that all actions taken by the County are consistent with its adopted comprehensive plan. RJRISDICTION AND VENUE 4. The Federation files this Verified Complaint against the County pursuant to Section 163.3215(1), Fla. Stat. (,1995). 5. Pursuant to Section 163.3215(5), Fla. Stat. (1995), venue for this action lies in Collier County, Florida, because the challenged action occurred within Collier County. NATURE OF ACTION 6. The Federation challenges the validity ofthe County's action taken on July 29, 1997, which directed County staff to proceed with judicial proceedings and negotiations to obtain prescriptive easements and acquire other easements for Collier County in a parcel of land known as the ?,,'filler Boulevard Extension, which action was intended to provide public access to Southern Golden Gate Estates in Collier County. The basis for this challenge is that the County's action is inconsistent with and violates the Collier County Comprehensive Plan. The filing of this Verified Complaint is the statutory prerequisite to taking judicial action as set forth in Section 163.3215(4), Fla. Stat. (1995). STAiN'DING 7. Florida Wildlife Federation is an aggrieved or adversely affected party as defined in Section 163.3215(2), Fla. Stat. (1995). The Federation's membership includes individuals who currentlY or in the future would utilize the area that would be adversely affected by the secondary impacts of development associated with the development of the Miller Boulevard Ex'tension. The Federation is otherwise directly adversely affected in that it owns real property located within the parcel of land on which the County wants to construct the road. COUNTY'S ACTION IS INCONSISTENT WITH THE COLLIER COUNTY COMPREHENSIVE PLAN 8. The action is inconsistent with and violates the Goals, Obiectives and Policies of the Collier County Comprehensive Plan, including by not limited to the following: A. Golden Gate Area Master Plan. Goal 2, which states as follows: The County recognizes that Southern Golden Gate Estates (SGGE), that area which lies south of State Road 84 to US 41 is an area of special environmental sensitivity and hydrologic importance and that restriction of development and strict regulation of uses is necessary to prevent great harm to the public health, safety an~ welfare. The County shall develop an interim strate~ for protecting its resources, promoting the restoration of SGGE, and assisting in the State's land acquisition and panther recovery efforts. B. Objective 2.1: Immediately upon adoption of this Objective, implement a system restricting public infrastructure in SGGE. C. Policy 2.1.1: Except for minimal road maintenance to include traffic signage, ri=hr-of-way mowing an road surface patckin~grading, the County shall limit road improvements in the SGGE to placement of an interim surface on portions of Berson Boulevard. D. Future Traffic Circulation Maps. The Miller Boulevard Extension is not shown on the Future Traffic Circulation Maps. E. Future Traffic Circulation Improvements -1995-1999. The Miller Boulevard Extension is not listed on the County's Future Traffic Circulation Improvements Plan. F. Five Year Capital Improvement Element. The Miller Boulevard Extension is not listed on the County's Capital Improvement Element. G. Right of Way Presetwation Acquisition Program. The Miller Boulevard Extension is not listed on the County's Right of Way Preservation Acquisition Program. H. Objective 6: The County shall coordinate the Traffic Circulation Element with the plans and programs of the State, Region, and other local jurisdictions. I. The action also violates goals, objectives and policies in the Natural Resources Element. 9. The acquisition of fight of way, whether by prescriptive fights, acquisition or condemnation, in order to widen or improve Miller Boulevard Extensio~ is inconsistent the Collier County Comprehensive Plan ~nd is not consistent w~.th the plzns of the State and Feder",d agencies to restore the environment in this area. RELIEF REQUESTED. ~3,~4~EKEFORE, the Federation requests that the Collier County Board o£County Commissioners determine that its action of July 29, 1997, is inconsistent with the Collier Courtb Comprehensive Plan and rescind its decision directing stzff to acquire right of way and easemem on Miller Boulev~sion. RESPECTFULLY SU'Bk~IYTED thisbe97. Thomas ~'. Reese. Esquire] i~ 2951 61st Avenue St. Petersburg, FL 33712-4339 (813) 867-8228 CERTIFICATE OF SERVICE I HEREBY CERTIFY THAT a copy of the foregoing has been served upon the Chair of the County Commission, Tim Hancock, the Clerk of the Collier County Board of County Commissioners and the County Attorney, David Weigle, Esq., at the Collier County Government Center, 3301 Tamiami Trail, E. Naples, 34112, by hand delivery or US Mail on this ~.5~day of August 1997. t~anlO Fuller' VERIFICATION STATE OF FLOKDA COUNTY OF LEON. I, Manley Fuller, being duly sworn, state that I am the President of the Florida Wildlife Federation, a Florida nonprofit corporation, and that I am authorized to represent the Federation before the Collier County Board of County Commissioners, and that I have read the foregoing Verified Compliant and that the allegations contained therein, and swear that they are true. Manley Fullee President Florida Wildlife Federation 2545 Blair Stone Pines Drive Tallahassee, FL 32314 (850) 656-7113 The foregoing instrument was acknowledged before me this~[ day of August 1997, by Manley Fuller, who is personally known to me idea,qg"t~n and dicLt~ake an oath. SWORN TO AND SUBSCRIBED before me this")-d~aY of August 1997. My commission expires: SF'.,:' 2 ? ',¢37 1925. J OR: 2049 PG: 2060 I~: THIS INDEN'CUP~E, made this 3*'Lu gay of ~ , 199S, Between FJ~LEN L. DOBSON, an unxemarried vier, address il 2219 Bo~ven=ure Road, Sav~, ~o~ia ~nd FLORIDA WI~LIFE F~E~TION, m Flori~ co~r&=l~, office ad~ell il 5051 Castello Drive, Suite 221, ~lel, Flcr~ 33940, G~. WI~SS~: The% said G~OR, for ~d in consider/=icn TEN ~%~ NO/100 ~S ($10.00), and other g~d considera~ion ~o said G~OR in h~d paid by ~ald receipt ~d sufficiency whereof is hereby ac~n~le~ed, bargained ~d sold [o ~he said G~EE, ~d assl~s ~orever, ~he following described l~d, being in Collier Cowry, Florida, N ~ o~ the SE 1/i Ot the SW 1/4 of the SW 1/4 of Section 25, To--ship 51 Range 27 East, Collier Co~ty, Florida. PROPER~ I.D. ~ER: S~Ject ~o real estate =~es for 1994: zoning ~d use res:ric~ions i~osed by gove~ntal authority; restric~ions ~d ease~nts c~ to the s~ivision; ~d outstanding oil, gas ~d mineral interests of record, if ~y. ~d said G~OR does hereby fully warr~t ~he title to said l~d, ~d will defend =he same against the lawful clai~ of all persons wh~oever. G~OR ~d G~EE are used for sin~lar or plural as con%ex~ red,res. IH wI~sS ~OF, G~OR l~s here~o se~ Gr~or's hand ~d seal ~he day and year firs= ~ove written. Si~ed, sealed ~d delivered in our p~esence: Wi~ne~s [1 E~EN L. ~BSON ~rin=ed N~ of Wi=ness ~1 RECORD & RETURN TO;, MAC'K3E & MARNELL, 5551 PJD~EWOOD DR. 1201 NAPLES, FL 339~3 " ~: 2049 PG: 2061 2 Witness ~2 Printed }lame of Witness #2 STATE OF GEORGIA COUNTY OF CHATHAM I HEREBY CERTIFY that on this day before me, an officer duly c~alified to take acknowledgments, personally appeared ELLEN L. DOBSON, personally kno'~n to me or who produced the type of identification provided and who executed the foregoing instrument and acknowledged before me that she executed the same. WItlESS my hand and official seal in the Cou-r, ty and State last aforesaid this ~ day of __~__, 1995. Medicare Card Notary Public : Ih .,: T~/pe of Identification Provided My Cor~nission Expires: State of Georgia James Edward McAleer Printed Name of Notary Public no known number Notary's Co~ssfon Nu~r T~IS INS/'RUI~L~IT P~.~PARJ~D BY: Pa~ela S. Mmc'~ie, Esc[uire 5551 ~e~ Drive. Suite 201 September 10, 1996 Wildlife Federation, which usually is getting grants -- moneys and is also an employee of the State of Florida, the DEP, and check the records. This is taxpayers' money. This is our money being spent to use against us. So needless to say, I hope that you move forward on this thing of putting those roads in place. Thank you. MR. DORRILL: Miss Payton and then Miss Leinwebber. MS. PAYTON: Good morning. My name is Nancy Payton, and I am representing the Florida Wildlife Federation, and I need to clarify a few points. First of all, yes, indeed, we are a property owner of which Miller Boulevard Extension does run through our property. I also need to clarify that we are not opposed to a minimal upgrading of that road for forestry, for emergency purposes, and for safety reasons. So I want very much to have that clarified to the commissioners. We've had discussions with Mr. Archibald. He has come to our building and we have sat down and talked about this. We have had discussions with forestry. We are not opposed -- and I say it again -- to an upgrading, a minimal upgrading, of the road for emergency purposes. And we'd be happy to discuss it, and we'd be happy to be an intervenor or a facilitator for other property owners, which one of them happens to be the Department of Environmental Protection, along that right-of-way. I also need to qualify that the Florida Wildlife Federation nor any of the employees, myself or any other person, are employees of FDEP, the Florida Department of Environmental Protection. We receive no money from them. We do receive private grants, which I assume you all would be quite supportive of, to facilitate DEP's purchase of property in CARL projects in -- in southwest Florida. So we are providing a service to the community at no charge. We are not taking any taxpayer dollars. We'd be happy to work with the commissioners. We'd be happy to work with Mr. Archibald, forestry, emergency vehicles. We've also had discussions with Ken Pineau clarifying the issue of emergency vehicles versus -- we have questions about hurricane evacuation route and whether this is appropriate, but we are open to discussion and, therefore, Mr. Hancock, we -- we do acknowledge that there is some need. We also acknowledge that Miller Boulevard Extension seems an ideal entryway off scenic 41 to Picayune Strand State Forest; and, therefore, we understand that eventually that road, indeed, is going to be an entry road and a road that's going to be used frequently and a road that has significant value in the future. We're not sure at this point that it needs to be a thoroughfare, but we do acknowledge that it does need to be upgraded for emergency purposes. CHAIRMAN NORRIS: Okay. Miss Payton, could you clarify for me, when you say "upgraded" or "minimal upgrading," by that do you mean upgraded to all-weather standards so that we can use it? COMMISSIONER MATTHEWS: That's a good start. MS. PAYTON: Our concern is pavement, and we -- we would raise questions about actually paving the road. COM~4ISSIONER CONSTANTINE: Why? MS. PAYTON: At this time -- COMMISSIONER CONSTANTINE: No, why. MS. PAYTON: At this time we think it's inappropriate. Page 26 EXECUTIVE SUMMARY APPROVE FINAL CHANGE ORDER AND ADDITIONAL FUNDING TO COMPLETE WORK TO REPLACE GOLDEN GATE WELLS #11 & # 16. OBJECTIVE: That the Board of County Commissioners, as the Ex- Officio Governing Board of the Collier County Water Sewer District, approve Change Order No. 2 (final) and an amendment for additional funds to construct the Golden Gate Wells. CONSIDERATIONS: On February 6, 1996, the Board of County Commissioners approved Work Order No. VC - 53 with Wm. J. Varian Construction Company to replace Golden Gate Wells No. 11 and No. 16 in accordance with the terms and conditions under contract No. 95 - 2334.. Change Order No. 1 was approved administratively and consisted of adds for a bond and replacing a faulty pressure control valve and deducts for unused electrical system allowance, changed pump bowl material specifications and well grout quantity. 1. Change Order No. 2 has been prepared to provide power cables discovered to be missing between Wells 15 & 16. OCPM staffvisited the site during design and identified missing electrical panel components as part of the contract scope of work; however, staff did not verify the underground power cable was present because power service to Well 16 had been operable until the well was taken out-of-service in 1990. Staff has submitted an insurance claim for the cost of replacing the cables. Additional funds are needed for Change Order No. 2, to Varian Construction Company, in the amount of$11,260.88. Original Contract amount $106,641.56 Sum of previous changes (deduct) $ (242.68) This Change Order (Add) 1~_2.!_&60.88 New contract amount $117,659.76 The current Construction Project (Work Order No. VC - 53) will be closed out with this final Change Order. 2. Funds are also required to add new telemetry, instrumentation and controls for Well No. 16. and to upgrade existing instrumentation at Well No. 11. This work is required to provide remote monitoring and control capability to these two wells in order to make them functionally consistent with the other wells. New work orders will be issued for other contractors to complete this work during FY 98. Install new wiring for telemetry system Instrumentation and controls for telemetry $23,500.00 2 ~i2.!~50.00 $44,550.00 SE P 2 3 ;.aS7 Executive Summary Page 2 3. Additional funds are also needed for Construction Management Fees in the amount of S15,537. These funds are required for additional Engineering time required for unforeseen field conditions, to close out Work Order VC-53 and for new telemetry work beyond the current Construction Contract. The additional funding will adjust the current project budget as tabulated below: Improvements - General Construction Management Fees Other Operating Expenses Current Additional ~ Funds Total 116,941.56 55,810.88' 172,752.44 6,000.00 15,537.00 21,537.00 I 170.00 0.00 1 170.00 Total $124,111.56 S 71,347.88 S 195,459.44 * Includes S11,260.88 for Change Order No. 2 and 544550.00 for additional Telemetry work. FISCAL IMPACT: Funds in the amount ofS124,111.56 are currently budgeted for this · ' project. A budget amendment is needed to transfer 571348 from Fund 412-919010, 07' Reserves for Water Capital Outlay as follows: To~ Amount: Fund: Cost Center: Project: S55,811 412, Water Capital Projects 273511, Combined Water Capital 70037, Replace Wells 11 and 16 Improvements-General To~ Amount: Fund: Cost Center: Project: $15,537 412, Water Capital Projects 273511, Combined Water Capital 70037, Replace Wells 11 and 16 Construction Management Fees GRO'WTH MANAGEMENT IMPACT: None. RECOMMENDATIONS: That the Board of County Commissions, as Ex-officio the Governing Board of the Collier County Water Sewer District: 1. Approve Change Order No.2 (final) and the necessary budget amendment. 2. Authorize the OCPM Director to execute the Change Order. 3. Approve the necessary budget amendments for the additional items to complete this project. Executive Summary Page 3 PREPARED BY: Alicia Abbott, Project Manager I Office of Capital Projects Management REVIEWED BY: Office of Capital Projects Management DATE: REVIEWED BY~ Ed Ilschner, Administrator Public Works Division cc: Michael Ne¥.q'nan, Water Director SE? 2 3 19~7 APPROVAL OF BID AWARD FOR PURCIIASE OF TWO TRIAXLE DUMP TRUCKS FOR TIlE WASTEWATER DEPARTMENT IN ACCORDANCE \VITIt BID #9'7-2727. ~: Obtain Board of County Commissioners' approval to award Bid /t97-2727 to Wallace International Tracks, Incorporated, for the purchase of two 20-yard Triaxle Dump Trucks by the Wastewater Department. ~: These dump trucks are required for hauling sludge from County wastewater treatment facilities to appropriate disposal sites. Invitations to bid were mailed to 29 prospective bidders on August 5, 1997. Five responsive bids were received by the September 3, 1997, closing date: Freiohtliner Truck Sales of South Florida. Incorporated (Miami) with a bid of 516~,072.00, Hunt Truck Sales & Service. Incorporated (Tampa) with a bid of 5171,298.84, Peterbilt of Central Florida (\\'inter Garden) with a bid of S165,900.00, Steele Truck Center, Incorporated (Ft. Myers) with a bid of 5172,112.00, and Wallace International Trucks, Incorporated (Ft. Myers) with a bid of 5158,888.00. One -No Bid" ,,,,'as receive from Jim Hardee Equipment Company, Incorporated (Tampa). All bidders inet minimum specification requirements wi:h the exception of one minor variance by Steele Truck Center, Incorporated. \Vallace ]mernational Trucks, Incorporated, was the low bidder and apparent winner of this bid. International trucks will be compatible with our fleet as the majority of our current medium to heavy duty trucks are International. These trucks are performing well with no significant problems. A parts line is established, special tools and diagnostic equipment are on hand, and all Fleet Management mechanics are trained and experienced with service and repair of International trucks. With no other considerations, Wallace International is recomrnended for bid award. FISCAL IMPACT: Funds are sufficiently budgeted in Fund 408-233312 to purchase the two International Dump Trucks at a cost of $158,g88.00. The ~astewater Department originally budgeted $151,700 for a Hack truck and two Converto trailers for sludge hauling. Subsequently, it has been determined that two triaxle dump trucks would be better suited for the task. The cost of two dump trucks is approximatley $7,200 more than the cost of the originally budgeted items. Funds are available in the appropriation because the department was able to purchase a Kubota B-1550 tractor at $9,000 less than budget. : Approve award of Bid #97-2727 to Wallace International Trucks, Incorgora~ed, for two intcrnationa~ Tri~xle Dump Trucks at a purchase price of S158,888.00. Reviewed By: ""~t ~/ar(ager Reviewed By: Tim Clemon's~Wastewaler Department Director Dnte: C)~2 ]'1-} Revie~ed By: m~ntsle,,.e Carnell,- Director Revie~ved Ed ~'s Division Adm~ Consent Agenda: 9/23/97 EXECUTIVE SUMMARY APPROVE AMENDFIENT NO. ONE TO PROFESSIONAL SERVICES AGREEMENT WITH HAZEN & SAWYER, P.C., FOR THE NORTH COUNTY REGIONAL WASTEWATER TREATMENT FACILITY 5-MGD EXPANSION, CONTRACT #96-2474 ~ That the Board of County Commissioners, as Ex-Officio the Governing Board of the Collier County Water-Sewer District, approve amendment no. one to the professional services agreement with engineering consultant, Hazen & Sawyer, P.C., to perform the second phase (final design and bidding services) for the North County Regional Wastewater Treatment Facility (NCRWWTF) 5-mgd Expansion project as contained in contract #96-2474. CONSIDERATION: On May 1,~, 1996, item 16 (B) (4), the Board approved a design contract of the NCRWWTF 5-mgd expansion project via a professional services agreement with Hazen and Sawyer, P.C. Due to budget constraints at the time of axvard in FY 96, fees were negotiated only for the first phase of three phases of design, consisting of a design report, preliminary design, permits, surveying and geotectmical services in the amount of S745,000.00. Subsequently, the second and third phases of the engineering services were planned to be negotiated and brought to the Board for approval in FY97 and FY98. Phase one services have now been completed and staff has negotiated the second phase (this amendment no. one) of the professional services agreement consisting of final design, construction specifications and plans, bidding services and additional geotectmical services in the amount of $768,895.00 to be awarded in FY97. The County Attorney's office has reviewed and approved the attached amendment no. one for legal sufficiency. Upon completion of these phase two services, the remaining engineering services will be negotiated as a part of phase three (future amendment no. two) consisting of contract administration/detailed observation of construction, start up assistance, follow-up services and system integration services. Phase three will be negotiated and awarded in FY 98. Total engineering fees for this project will be negotiated at I1.5% of total construction costs. This percentage is appropiate and below the mean of 12% of total project services, as indicated in the 1996 PSMJ (Professional Services Management Journal) Resoures, Inc., Design and Building Industry Design Services Fee Survey. However, a provision for Va% of total construction costs on a time and material not to exceed basis, will also be added for follow-up services and system integration services to mitigate any potential problems that customarily occur after construction is complete and the finished plant is turned over to the owner (Wastewater Department). This item may or may not be used, dependent on the need and approval of the Wastewater Director. ~_~..~~_: Funds for phase two services (this amendment no. one) in the amount of 3;768,895.00 are available in: Fund 413: Sewer System Development Fees Cost Center 263611: Wastewater Capital Project 73031: Norlh County Regional Wastewater Treatment Facility 5-mgd Expansion. Executive Summary Page 2 GR W'I'It blANA EMENT IMPA : This prQect is needed to meet increasing wastcwatcr demands in the north service area of the County and is consistent with the Comprehensive Plan and 201 Facilities Plan Update as approved by the Board on July 19, 1997. RECOMMENDATIONS: That the Board of County Commissioners, as Ex-Officio the Governing Board of the Collier County Water-Sewer District, approve amendment no. one to thc professional services agreement with Hazen & Sawyer, P.C., in the amount of $768,895.00 for The second phase of the engineering professional services agreement related to the NCRWWTF 5-mgd Expansion pursuant to contract #96-2474. Peter Schalt, PMP, Project Manager Office of Capital Projects Management REVIEWED BY:~~'~' /.'--~ DATE: ~ "~ Adolfo A. Gonzalek, P.E., Dil:ector ~ Office of Capital Proje(:ts Management REVIEWED BY: dOT J::~-aZo~ro - ff_-e.~g DATE: Steve Camell, Director Purchasing/General Services Department REVIEWED BY:~DATE:---~ "" / ~ - ,ti '7 Ed Ilschner,"Administrator Public Works Division Attachment: Professional Ser-,'ices Agreement - Amendment No. One cc: Tim Clemons, Wastewater Director Karl W. Boyer, P.E., Senior Project Manager NORTH COUNTY REGIONAL WASTEWATER TREATMENT PLANT 5 MGD EXPANSION AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT This Amendment No. I to the Agreement dated May 14, 1996 (hereinafter "AGREEMENT") is made and entered into this _________ day of 19~. by and between the Board of County Commissioners for Collier County, Florida, a political subdivision of the State of Florida and Governing Board of the Collier County Water-Sewer District (hereinafter referred to as the "OWNER") and Hazen & Sawyer, P.C., a New York corporation, authorized to do business in the State of Florida, whose business address is 2101 Corporate Blvd., Boca Raton, Florida 33431 (hereinafter referred to as the -CONSULTANT"). WITNESSETH WHEREAS, OWNER and CONSULTANT currently have a valid professional services agreement for the provision of professional services for the NORTH COUNTY REGIONAL WASTEWATER TREATMENT PLANT 5 MGD EXPANSION (hereinafter referred to as "PROJECT"), said services more fully described in said AGREEMENT; and WHEREAS, OWNER and CONSULTANT agree some modifications to the services being contemplated under said AGREEMENT are necessary; and WHEREAS, CONSULTANT represents that he has the expertise and the type of professional services that will be required for completion of the project. NOW, THEREFORE, in consideration of the mutual covenants and provisions contained herein, parties agree as follows: ARTICLE ONE 1.1 CONSULTANT shall provide to OWNER professional engineering services in all phases of the project to which this Amendment applies. 1.2 CONSULTANT shall provide professional services in addition to those as outlined in said AGREEMENT as noted in Schedule A of this Amendment, as attached hereto. ARTICLE TWO 2.1 OWNER agrees to compensate CONSULTANT for services rendered hereunder as prescribed in Schedule B, entitled "Schedule of Fees For Basic Services (B attachment A) and Consultant's Estimate of Additional Services (B attachment C)", as outlined in said AGREEMENT with the modifications to Attachments A and C to said AGREEMENT which are attached hereto and made a part hereof. ARTICLE THREE 3.1 The schedule for said Project, shall be as shown in the revised Schedule C as attached hereto. ARTICLE FOUR 4.1 The AGREEMENT, as amended, shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Professional Services Agreement for the NORTH COUNTY REGIONAL TREATMENT PLANT 5 MGD EXPANSION the day and year first written above. A'FTEST: (As to Chairman) BOARD OF COUNTY COMMISSIONERS FOR COLLIER COUNTY, FLORIDA, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA AND AS EX-OFFICIQ THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT Amendment to WASTEWATER By: By: Dwight E. Brock, Clerk Timothy L. Hancock, Chairman Approved as to form and legal sufficiency: Assistant County Attorney Hazen & Sawyer, P.C. Witness By: President SEP 2 3 i~ I s EN AND SAWYER · 2101 Corlxx~e Boca Ik~lo~, FL 3~31 ' 561 Fu: 5G~ 9~7 8159 August 13, 1997 . Facsimile/U.S. Mail - Mr. Pete SchaR COLLIER COUNTY PUBLIC WORKS OFFICE OF CAPITAL pROJECTS MANAGEMENT 3301 Tamiami Trail East Building D Naples, Flodda 34112 NCRVVVVTF 5-MGD Expansion ~ndment No 1 - Schedule A Dear Mr. Schalt: This fetter is written pursuant to our correspondenCe to you dated July 23, 1997 regarding Contract Amendment No. 1 for the NCRWVVTF 5-MGD Expansion Project. At a meeting attended by representatives of the County, Hazen and Sawyer and Hole, Montes and Associates, inc. (HMA) on July 28, 1997, the County chose to delete the Reuse Pump Station Modifications from the scope of the 5-MGD Expansion and address this wo~ under a separate contract ,Mth HMA. As such, you have requested that we revise the Contract Amendment No. 1 engineering fees to include a credit for the portion of Reuse Pump Station design work not yet completed. As we discussed fottov,4ng the July 28 meeting, Hazen and Sawyer has completed approximately 85 percent of the project design. Given that the sum of engineering fees for all design tasks (,Phases A.I, A.2 and A.3 of the Consultant's Agreement) is approximately 6.5% of the estimated construction cost, and that the estimated construction cost for the Reuse Pump Station modifications is $236,091, the credit for the uncompleted design effort is $2,303.00. The F'a-~al Design amount shown in your July 15, 1997 spreadsheet (coFY attache~ of engineering fees is $689,433.00. Taking into account the above referenced credit, the revised Final Design amount would be $687,130. This credit requires a change be made to the language of Schedule A (Scope of Service) of the original professional Services Agreement. Under Item A.0.1 on page NCRWVCrFSME-26, second paragraph, change the fourth sentence to read '...The fee for Phases A. 1 to A.7-9 of this project shall be equal to 11.5 percent of the estimated construction cost of the project (the sum of Bid Packages No. 1 and 2, including a 10 pem..ent contingency allowance) minus $2,303.00 (credit for unfinished portion of revise pump station modifications design).' sr.., ', ;: '.%7 Mr. Pete Schalt August 13, 1997 Page 2 of 2 if you have any questions or require additional information, please call me. Very truly yours, HAZEN AND SAWYER, P.C. Kurt A. Pfeifer, P.E. Project Manager 'Enclosure c: Gary Bors Bet1 Vidal File 4243 - 1.2 4245L00~. BCA SCHEDULE B - ATTACHMENT A SCHEDULE OF FEES FOR BASIC SERVICES CONTRACT AMENDMENT TOTAL PHASE CATEGORY ORIGINAL NO. 1 TO-DATE A-1 Design Report Sl 10,000 $0 $110,000 A-2 Preliminary Design $585,000 $0 $585,000 A-3 Final Design TBD $687,130 $687,130 A-4 Construction Bid Services TBD $50,000 S50,000 A-5 Contract Administration TBD TBD TBD TOTAL $695,000 $737,130 $1,432,130 4243C018. BCA:08-1 ~ 7 : SE723 !S57 ~ SCHEDULE B - ATTACHMENT C CONSULTANT'S ESTIMATE OF ADDITIONAL SERVICES (INCLUDING DETAILED OBSERVATION OF CONSTRUCTION) CONTRACT AMENDMENT TOTAL PHASE CATEGORY OPJGINAL NO. 1 TO-DATE A-6 Detailed Observation TBD TBD TBD A-7 Additional Services TBD TBD TBD A-7.1 Operations Manual Update TBD TBD TBD A-7.2 Operator Training TBD TBD TBD A-7.3 Process Startup Assistance TBD TBD TBD A-7.4 Prepare Permit Applications $10,000 $1,765 $11,765 A-7.5 Surveying S25,000 $0 S25,000 A-7.6 Laboratory Testing & Geotechnical $10,000 $30,000 $40,000 A-7.7 Reproduction S5,000 S0 S5,000 A-7.8 Photographs TBD TBD TBD A-7.9 Postage TBD TBD TBD A-7.10 System Integration Assistance TBD TBD TBD A-7.1 '1 1-Year Follow-up Assistance TBD TBD TBD 4243C018.BCA.'08-18-97 n' Z n' Z Ilo EXECUTIVE SUMMARY FORMAL APPROVAL OF THE STATE CONTRACT PURCHASE OF FURNITURE AND SHELVING FOR THE MARCO ISLAND BRANCH LIBRARY RENOVATION. OBJECTIVE: To obtain formal Board approval for purchases over $25,000.01 as required by County Purchasing Policy. CONSIDERATIONS: Purchase of new furniture and shelving for the Marco Island Library Project (355 156160 80254) has already been approved by the Board under the Marco Island Renovation Project budget. The Library has made selections for purchase per Florida State Contract No: 420-660-96-1 (R. George & Associates, Inc.), and per Florida State Contract No: 420- 660-96-1 (Carolina Business Furniture/R. George & Assoc, authorized dealer) totaling $95,825.00. In the past, the Library has received quality products and excellent customer service from this vendor. County purchasing pohcy, for purchases over $25,000.01 through state contract, requires a valid contract number, and a regular purchase order. Approval by an authorized signatory, Purchasing Department review, and BCC approval are also requited. All requirements prior to BCC approval have been met. FISCAL IMPACT: Funds of $95,825.00 were included in the approved Marco Island Library Renovation Project budgets for FY97 Library Impact Fee Fund (355), Marco Island Branch cost center ( 156160), Marco Island Library AOdition (80254). GROWTH MANAGEMENT IMPACT: To meet the requirements of Growth Management, funds are expended from Impact Fees for this project. I.,ECOMMENDATION: Staff recommends Board approval for furniture and shelving pur- chases in excess of $25,000.01, according to County Purchasing Policy, for the Marco Island Branch Library Renovation Project. PREPARED BY: REVIEWED & APPROVED BY: REVIEWED & APPROVED BY: DATE:~ [~ DATE:~ REVIEWED & ~ DATE:~ APPROVED BY: ' trices Administrator ilt. GEORGE & ASSOCI..Vi'}:S. IN(' P. O. Box 2~ DcL~nd. Florid'~ Phone: (91)4)'/36-2326 · FAX: (904) 1'O COt. I.IER COUNTY PUBLIC I.IBRARY (:50 CENTRAL .AVENUE NAPLES. FLORIDA 3.3940 DATE 09/03/97 QUOTE NO Q-97-305 REX.. I LIST PR1CE PROJECT MARCOISLA. NDBRANCtt :;A DESCRIPTION '-BRODART PRICING PER FLORIDA STATE CONTRACT # 420-420-96-I \VOOD STAIN: H~L: SEE INDIVIDUAL ITEMS FABRIC: SEE INDIVIDUAL ITEM ADULT AREA UORUM 94 SERIES FURNITURE 94-138WPT. 90"L X 42"D X 29"H CONFERENCE ROOM TABLE )4-160-SOO, S/F rNrFO. ACCESS CARREL itPL: 60-215-SOO. 4 TOWER $ SHELF PAPERBACK DISPLAY 94-671-SOO. CRESCENrT TABLE SI'FI'lNG HEIGHT XI-700-050. VERTICAL WFRE R.asCEWAY HPL: CHANCELLOR STYLE CH-RJ, 5-SOO. 72"L X 48"W X 29"H TABLE CH-R38-SOO. 72"L X 36"W X 29"H TABLE FIPL: 6R-4POS-SOO. FOUR POSITION ADJUSTABLE F[EIGHT COMPUTER ACCES STATION (DWG.g254-94-CD) H'PL: LOUNGE FURNITURE SEE OTHER QUOTE Q-97-306 94-3030-W'PT. 30" SQUARE END TABLE HPL: 94-132-SOO. D/F DOUBLE TFERED INDEX TABLE HPL: 6R.Y38-WFrr.. ?2"L X36"D X 2'/V:"H TWO POSITION CON[PUTER TABLE W/TWO GROMMETS ON WORKSURFACE. WIRE MGMT CHANNELS & POWER CHANNEL W/SURGE SUPRESSOR HPL: UNIT 1.61800 1494 O0 1699.00 2191.00 177 OO 156 1374.00 53 IU oo 97700 4124.0o TOTAL 323600 1494 1699.00 2191(x} 6244 53 I000 · 1124 O~} R. GEORGE 8: ASSOCIA'I'ES. IN('. P. O. Box 2X54 DcL~nd. Florid~ 32723-2X5.1 Phunc: (')114) 736-2326 · FAX: l')ll4l 736.J7116 I1 Il ,\ 16 A I B 21) C&D 5 D E I MARCO ISLAND BRANCH QUOTE NO O-'~7-;,5 REV I I,ISTPRICE SEE COMMUNITY QUOTE Q-97.3¢17 B2-$74-WPT. ADULT CHAIR EX-WIDE. SLED BASE. UPH. SEAT AND FULLY WRAPPED ROUNDED BACK FABRIC: PRIMAVERA 1585-902 AUBERGINE YOUTH AREA 9.1-Y29-SOO. -12" DIAMETER X 27 V/'H TABLE HPL: 94-Y37-SOO. 42" SQUARE X 27 ½"H TABLE B2-564-WF'T. YOUTH CHAIR 16"H. SLED BASE. UPH SEAT AND FULLY WRAPPED ROUNDED BACK FABRIC: DESIGNTEX CHECKERBOARD 1833-102 94-671-SOO. CRESCEN~F TABLE - SITTING HEIGHT XI-700-050. VERTICAL WIRE RACEWAY HPL: B2-574-%~PT, ADULT CHAI~, EX-WIDE. SLED BASE. UPH. SEAT AND FULLY WRAPPED ROUNDED BACK FABRIC: DESIGNTEX CHECKERBOARD 1833-102 ADULT AREA END P.___~ELS - I 3/16" THICK HPL BOTH_ SIDES W/ OAK HALF ROUND BULLNOSE EDGE TfPL: 6R-712-WPT. 85"H X 11 V,"D END PA,N'EL 6R-732-WPT, 85"H X 25 I/.,"D END PANEL 6R-709-~,~?'T. 79"H X 15"D EN'D PANEL 6R.709-Vv'PT. 79"H X 13 V,"D END PANEL 6R-703-\VPT. 44"H X 13 V."D END PANELS 6R-712-\VI:rF. 85"H X 13 V,"D END PAN'EL 6R-732-WPT. 85"H X 25 I/:"D END PANEL ADULT AREA TOPS - I 3/16~ THI K ttPL BOTlt SIDES W~ OAK HALF ROUNDBULLN SE EDGE HPL: 6R-S12-SO2/S04-WPT.. 3' X 13 VFD TOPS CORNER TOP CAP TO MATCH YOUTH AREA END PANELS- ! 3/16" THICK HPL BOTH SIDES SELF EDGED tlPL: WA /MARIGOLD D-341-6 EP-314.67 '/:"H X 25 '/:'D FIPL END PANELS EP-302. -13 '/:"H X 13 V,"D FFPL END PANELS EP-312-WPT. -13 '/:"H X 28"D FI2PL END PANELS EP-312. -13 '/:"H X 25 '/:"D HPL END PANELS PAGE 2 1279 O0 1073 O0 381.00 2191OO 177.00 392.~) 284O0 368 o0 279(~ 27700 210O0 28.1 O0 368 01) 115O0 75.O0 2146(~) 2191OO 177.00 78400 3976 73611 OO I)95 ~) 27'7 168~1 56,,I 11'2,0 20500 105.1}o 158.11[) Agen~ SEP 2 3 1997 R. GEORGE & ASSOCI..'VI'ES, IN('. P. O. B,x DcLand, Flnrida J2723-28.~4 Ph~nc: (9114) 736-2326 · FAX: (904) MARCO ISI.AND BRANCH QUOTE NO O-'JT-m5 PAGE 3 YOUTH AREA TOPS- I MI6"Tlll K SELF EDGED IIPL ONE SIDE, [UNLESS NOTED~ HPL: WA ,MARIGOLD D-$41.-6 TP-347.3' X 2Y'D HPL TOPS (HPL BOTH SIDES) TP-342.3' X 13 I/4"D HPL TOPS TP-347-WPT. 3' X 27"D HPL TOPS TP.3.IT. 3' X 25"D H~L TOPS TOTAL LIST PRICE LESS 47% & 2.1% DISCOL,rNT ADD 8% FOR INSTALLATION TOTAL DELIVERED & INSTALLED PRICE FILE Q-97-305 M..-LRCO BRO LIST SPECIAL NOTES ACCEPTED DATE Name 1711~ 110 b~) 170 ~} 163 OO ~.1f) IR) '*:.: ' ! -.~5.1¢',5 64 2.976 6/) 40.184.76 R. GEORGE & ASSOCIATES, IN('. P. 0. Bux DcLand, Florida J272J-2~54 Ph,,nc: (';04) 736-232(, · FAX: (9114) TO COLLIER COUNTY PUBLIC LIBRARY 050 CENTRAL AVENUE NAPLES, FLORIDA 33940 DATE.09/03/97 QUOTE NO Q-97-304 REV I LIST PRICE PROJECT MARCO ISLANDBRANCI{ U;c oll'cr Ih,: Ibllox~.ing quobatlon for th,: abo',c project: G H DESCRIPTION UNIT TOT.-\L BORROUGHS WILSONSTAK PRICING PER FLORIDA STATE CONTRACT NO 420-420-96-1 STEEL SHELVING; 105 WHITE ADULT AP~EA M61082513. S/F 84"H X 10/10 BOOKSTACK W/SLOPED BASE SHELF MC610-SF. 10"D STEEL CANOPY TOPS M62082SB. D/Fg4"HX 10/24 BOOKSTACK W/SLOPED BASE SHELF MC610-DF. 24"D STEEL CANOPY TOPS bfi-[P67. S/F 78"H X 12/12 HINGED PERiODICAL UNITS M6127SB. 78"tt X 12/12 BOOKSTACK W/SLOPED BASE SHELF MWF67.78"H WELD FRAME MBS612. 12"D CLOSED BASE SHELF MS612. 12" FLAT STORAGE SHELF (FOR NEWSPAPERS) MC610-SF. 12"D STEEL CANOPY TOPS M612~SB. S/F ~2"H X 12/12 BOOKSTACK W/SLOPED BASE SHELF (ALL TOPS FILL) M6206SB. D/F 66"H X 10/24 BOOKSTACK W/SLOPED BASE SHELF MD6124. S/F 42"H X 12/12 PICTURBOOK UNITS MWF64, 42"H WELD FRAME MBS64, D/F 24'D CLOSED BASE SHELF M612. S,,T' 12"D ADJUSTABLE SHELVES MJlP614. 12"D HINGED PERIODICAL SHEL%qEs M6244SB. D/F 42"H X 12.24 BOOKSTACK W/SLOPED BASE SHELF 257 65 40711 40635 74.75 33825 251 00 71.90 4941) 26.25 40 05 169.2o 317 25 226 2o 61.5o 68 65 23 8o 4~15 21(~ 25 9.790 70 1.5..16 60 36.571,50 6.727.50 1.5o6 1-13 420 520 2.,)3, 123t~ 137 30 95 192t~1 ss? / R. GEORGE & ASSOCIATES. IN('. P. O. B.x 2854 DcLand. Florid'~ J272J-2~54 Ph,nc: (9(14) 756-2326 · FAX: (')Il41 7J6-J"/ll¢, MARCO ISLAND BRANCH QUOTE NO O-')7At)-I REX,' I LIST PRICE P.\G[-] 2 15 AUDIO VISUAL AREA MWF6g. g4"H WELD FRAME MBS612SLP. S/F 12"D SLOPED BASE SHELVES MBS624SLP. 24"D SLOPED BASE SHELF MCDSDT-36. DOUBLE TIER MEDIA SHELVES MC612-SF. 12"D STEEL CANOPY TOP MC624-DF. 24"D STEEL CANOPY TOP MCF93. STEEL CORf4ER FILLER W/CAP 84"H X 12/12 MWCBS. CANOPY TOP BRACKETS FOR WOOD/HPL TOPS TOTAL LIST PRJCE LESS -12% & 2'7% DISCOUNT ADD 10% FOR INSTALLATION TOTAL DELIVERED & INSTALLED PRICE FILE. Q-97-31)4 MARCO STEEL LIST $1'I~CI:\I_ NOTES ACCEPTED DATE N;mlC R GEORGE & ASSOCIATES. INC I. Ill? £)1ll IIIi ?,664 373 75 198 95 7()O 60 XI.191 75 46.815 17 3.437 66 537.814.24 R. GEORGE & ASSOCIATES, IN(:'. P. O. B.~ 2~154 DeL,,nd. Florida 32723-2~fi4 Phone: (904) 736-2326,, FAX: (9041736-3706 TO COLLIER COUNTY PUBLIC LIBRARY 050 CENTRAL AVENUE NAPLES. FLOFLIDA 33940 \~, c ollL. r the Ibllog. mg quoLauon Ibr ~ ub~v¢ pro.t~t 7/ DATE 09103/97 QUOTE NO:Q-97-306 LIST PRICE PROJECT: MARCO ISLAND BRANCH 14 LOUNGE CHAIRS DESCRIPTION UNIT TOTAL CAROLINA BUSINESS FURNITURE PRICING PER FLORIDA STATE CONTRACT NO. 420-660-96-1 FABRIC: DESIGNTEX PRIMAVERA 1588-902 AUBERGINE HC-61gw-I. UPHOLSTERED LOUNGE CHAIRS (INCLUDES 6% INCREASE EFFECTIVE 9-1-96) TOTAL LIST PPdCE LESS 50% PER FLORIDA STATE CONTRACT LESS 5% PER FLOR.IDA STATE CONTRACT COM DESIGNTEX FABRIC DELIVERED & APPLLED TOTAL DELIVERED PRICE (INCLUSIVE OF 50% & .';% DELIVERED TO DOCK) FOR INSTALLATION .,M)D S90.00 TOTAL DELIVERED & INSTALLED PRICE 998.52 13.97928 13.97925 -.6.989.6.4 -349.49 5 749 S5 12.3'.,~ ~ 9(I 12.480.00 File:Q-97-306 CAROLINA LIST SPECIAL NOTES -~CCEPTED: DATE- Namc: R GEORGE & ASSOCIATES. IXC B.~: .~ . ' . . R. GEORGE ak ASSOCIA'I'ES, IN('. P. O. Bn't 2~54 DcLand. FIorida J2725-2~54 Phone: (904) 736-232(,- FAX: 19114)TJ¢,-JT0h I'() ('OLI. IER COUNTY PUBLIC LIBRARY 050 CENTRAL AVENUE NAPLES. FLORIDA 33940 %c oll'cr thc I'ollo'.~lng quotation Ibr thc anode proj¢cl DATE.09/03/97 QUOTE NO:Q-97-307 LIST PRICE PROJECT MARCO ISLANDBRANClt COMMUNITY SIDE CHAIRS DESCKIPTION L~IT TOTAL COMMUNITY PRICING PER FLORIDA STATE CONWRAC #J, 20-420-96-1 WOOD STAIN TO MATCH BRODART FURNITURE 703A. ENff!RSON ALL WOOD CHAIR. ADULT HEIGHT ADD FOR SPECIAL STAIN MATCH TOTAL LIST PRICE LESS 40% DISCOUNT (PER STATE CONTRACT) TOTAL DELIVERED & INSTALLED PRICE .165 8.760 O0 150 O0 $.91000 -3 56-1 o<) 5.346.00 File:Q-97-307 CON.~fUNITY LIST 5 PEC bM.. NOTES ACCEPTED: DATE: Name: R. GEORGE & ASSOCLATES. [NC By: ': · . - / -~-, .... EXECUTIVE SUMMARY APPROVAL OF A CONTRACT BETWEEN COLLIER COUNTY AND DR. MARTA U. COBURN, M.D., FLORIDA DISTRICT 20 MEDICAL EXAMINER FOR COLLIER COUNTY FLORIDA DOING BUSINESS AS DISTRICT 20 MEDICAL EXAMINER OBJECTIVE: To have a formal agreement to provide the community with medical examiner services. CONSIDERATIONS: Dr. Coburn has been appointed by Governor Law, on Chiles, Governor &the State of Florida, in 1991 to serve as the District 20 Medical Examiner. Florida Statutes provide that the medical examiner shall be entitled to compensation and such reasonable salary and fees as are established by the Board of County Commissioners. Dr. Coburn has submitted and has had an annual budget approved upon which this contract has been based. The contract term has been changed to match County fiscal years and contemplates any increases in staffing by 1.5 FTE's. All increases included within the agreement were budgeted and approved. The agreement has been reviewed and approved for legal sufficiency by the County Attorney's Office. The County is also required to provide the facility for the medical examiner. The facility is currently an old funeral home building which is currently owned by the Naples Community Hospital. While the Hospital has been very good to work with and the facility has served its purpose, the building as a medical examiner's facility is inadequate. The Board has authorized funds in this year's budget to construct a new facility, which is scheduled to open in March, 1998. In the interim, rent payments are built into the budget until the expected date of occupancy of the new facility. Lastly, professional liability insurance is provided to the Medical Examiner's staff. This coverage has been quoted by Dr. Coburn who has been able to obtain a cost of roughly $12,000. The payment of this insurance is also included as an obligation of the County within this annual agreement. GROWTIt MANAGEMENT IMPACT: None. FISCAL IMPACT: The cost to the County for this agreement is $ 510,792 This includes $12,000 for insurance payments. Funds are available in the approved FY 1997-98 budget for this cost in fund 001-144710-634108. RECOMMENDATION TltAT TIlE BOARD OF COLLIER COUNTY COMMISSIONERS, authorize the attached annual agreement between Collier County and Dr. Matra U. Coburn, M.D., Florida District 20 Medical Examiner for Collier County. Prepared by: ~ · Services Administrator FOR MEDI AL EX R ERVI E TtiIS AGREEMENT FOR MEDICAL EXA_Mi'NER SERVICES, (Agreement), made and entered into this __ day of ~__._., 199'/, by and between Matra U. Coburn, M.D., Florida District 20 Medical Examiner for Collier County, Florida, doing business as District 20 Medical Exarniner, a Florida Corporation, hereinal~er called "Medical Examiner" and the Board of County Commissioners of Collier County, Florida, hereinafter ~:alled "County." WHEREAS, Dr. Maria U. Coburn was re-appointed Florida District 20 Medical Examiner for Collier County, Florida, on April 26, 1994, by Lawton Chiles, Governor of the State of Florida; and WHEREAS, Section ,~06.06(2), Florida Statutes, provides that the district medical examiner may appoint associate medical examiner(s) to provide medical examiner services at all times and all places within the district and that said associate medical examiner(s) shall serve at the pleasure of the district medical examiner; and WHEREAS, Section ~106.06(3), Florida Statutes, states that district medical examiner(s) and associate medical examiner(s) shall be entitled to compensation and such reasonable salary and fees as are established by the Board of County Commissioners in their respective district; and WHEREAS, Section 406.05(1), Florida Statutes, provides that fees, salaries and expenses for the medical examiner's otTlce may be paid from the general funds or any other funds under the control of the Board of County Commissioners and that the district medical examiner shall submit an annual budget to the Board of County Commissioners; and WI-EEREA. S, Section 406.08(5), Florida Statutes, provides that autopsy and laboratory facilities utilized by the district medical examiner or associate medical examiner(s) may be provided on a permanent or contractual basis by the counties within the district; and WI-[EREAS, Collier County desires to contract with Marta U. Coburn, M.D., Florida District 20 Medical Examiner, doing business as District 20 Medical Examiner, a Florida Corporation, to provide medical examiner services under Chapter 406, Florida Statutes, as an independent contractor. NOW, THEREFORE, in consideration of the mutual covenants, terms, conditions and provisions contained herein, the parties do hereby agree as follows: ~ TERJVI OF AGREEMENT The term of'this Agreement shall be'from October I, 1997, through September 30, 1998. ~ PURPOSE AND SCOPE OF CONTRACTUAL SERVICES The Medical Examiner hereby agrees to furnish services, labor and all equipment not otherwise provided for, necessary for the complete performance of the services contemplated hereunder, to wit: to serve as Florida District 20 Medical Examiner fpr Collier County, Florida in accordance v,'ith Chapter 406, Florida Statutes, and the standards promulgated by the Florida Medical Examiner's Commission. EC~N III C0~ENSATION AND PAYMENTS A. The County hereby agrees to compensate the Medical Examiner for services to be performed for the term of this Agreement, beginning on October 1, 1997, the amount of $20,783 semimontNy through September 30, 1998. B. Payments from the County to the Medical Examiner of the Compensation set forth in paragraph3 "a" shall be made on the 15th and 30th days of each month. If the 15thor 30th of the month falls on a weekend or a holiday, the payment to the Medical Examiner shall be made on the next County business day It is expressly understood that each semimonthly payment shall be made for the services furnished for the preceding period of time. As a condition of said semimonthly payment by the County, the Medical Examiner shall be in full compliance with Section VII of this Agreement regarding reports. C. The Medical Examiner agrees and understands that under the terms of this Agreement, a full professional staff (associate medical examiner(s) and laboratory technician(s) must be maintained in order to perform the medical examiner duties set forth under this Agreement and by Chapter 406, Florida Statutes. D. The County agrees and understands that the compensation provided for under this Agreement to the Medical Examiner is intended to cover the anticipated normal activitieWworldoad of the Medical Examiner, based upon past statistics and reasonable projections. The County acknowledges and agrees that the semimonthly compensation of the Medical Examiner set forth in Section 111 or' this Agreement has been established without consideration of disasters or occurrences of an unusual nature or magnitude such as would necessitate extraordinary expenditure on the part of the Medical Examiner in fulfilling the obligations under this Agreement and Chapter 406, Florida Statutes. In the event of such disaster(s) or occurrences, the Medical Examiner shall consult with and shall seek, but not necessarily obtain, the approval of the Collier County Public Services Administrator or his/her designee, for any such expenditures. ThetMedical Examiner shall in all events retain the right to and shall then petition the Board of County Commissioners to reimburse the Medical Examiner for all extraordinary expenses and compensation which are justified and incurred by the Medical Examiner due to said disaster(s) or occurrence(s). The Medical Examiner shall provide invoices and receipts in an iterrdzed manner to support the petition to the Board of County Commissioners for extraordinary compensation and expenditures. Examples of extraordinary disasters or occurrences include, but are not limited to, aircraft, bus and boat accidents where a simultaneous large loss of life has occurred, hurricanes and other natural disasters, and any other disasters or occurrences caused by nature or human beings where a large loss of life is experienced. Upon petition of the Medical Examiner for extraordinary compensation and/or expenditures, and with the recommendation of the Public Services Administrator, the Board of County Commissioners shall determine, using a reasonable and objective standard, if extraordinary compensation and/or expenditures shall be paid to the Medical Examiner. ~ FACIZITrES AND EQUIPMENT A. In accordance with Section 406.08(5), Florida Statutes, the County agrees to provide and maintain, at no cost to the Medical Examiner, a facility and all medical-laboratory related equipment reasonably required by the Medical Examiner to perform the duties as district medical examiner. Ail costs associated with maintaining the building and landscaping will be paid by the Medical Examiner. The County shall bear the cost of the Medical Examiner's facility. B. All capital equipment needed and budgeted by the County for use by the Medical Examiner shall be purchased by, and be inventoried through, the County as County properly. The procurement o[' said equipment shall be approved by the, Public Services Administrator in accordance with the Collier County Purchasing Policy, upon submission of' a requisition by the Medical Examiner. The Medical Examiner agrees to take reasonable care, maintain and repair any equipment provided by the County. The County agrees to include all equipment reasonably required by the Medical Examiner in the annual medical examiner budget submitted to the Board of County Commissioners for approval. C. Except as otherwise provided in this Agleement, the Medical Examiner shall be solely responsible for the payment of all normal and ordinary services, fees, and costs encumbered in the course of the Medical Examiner's office's operation. ~ PROFESSIONAL LIABILITY INSURANCE Pursuant to Section 406.16, Florida Statutes, the County shall pay the Medical Examiner for professional liability insurance. This payment shall be in addition to the semimonthly compensation paid to the Medical Examiner by the County under Section Ill of this Agreement. As a condition precede;at to the County paying for the Medical Examiners professional liability insurance, the Medical Ex,,~niner shall present to the County an invoice evidencing the purchase by the Medical Examiner of said insurance coverage. ~ USE OF FACE. ITIES AND EQUTPMENT BY THE MEDICAL EXANffNER FOR HUMANITARIAN AND/OR CHARITABLE PURPOSES The Medical Examiner shall be allowed to use the County's facility and laboratory equipment for humanitarian and/or charitable purposes provided that these purposes in no way interfere with the Medical Examiner's primary duty to serve as medical examiner for Collier County. As provided in Section 406.16, Florida Statutes, the County shall not be liable for any acts of the Medical Examiner not within the scope of the official duties performed for Collier County. The performance by the Medical Examiner of humanitarian and/or charitable services under this paragraph shall not be considered part of the official duties of' the Medical Examiner. ~ REPORTS The Medical Examiner agrees to provide to the County a monthly report which shall include, minimally the following: A. Number of all investigations and narrative reports for non-autopsy medical examiner cases; B. Number of all autopsies performed; C. Court cases and medical/legal conferences, number and hours spent; D. Number of authorizations for all cremations and burials at sea and anatomical dissections; E. Number of hours of scene investigations; ... F. Any other activities not described above; { G. The activity report shall be submitted by the 10th day of the following month to the County's Public Services Administrator. E.,q_g~T~ MEDICAL EX..k.MI'NER AS IN'DEPENDENT CONTRACTOR A. It is hereby stated to be the expressed intent of the parties that under this Agreement the Medical Examiner shall act exclusively as an independent contractor rendering professional services for the County in accordance with Chapter 406, Florida Statutes, ar:,d the Medical Examiner shall not be considered as an employee or agent of the County. The Medical Examiner shall be solely responsible for the payment of all applicable taxes for compensation paid to the Medical Examiner by the County pursuant to this Agreement. The Medical Examiner shall not be eligible for, nor participate in, any fringe benefits From the County. B. The Medical Examiner shall be responsible for employing and providing by separate Agreement, independent of the County, all personal or other services necessary for the performance of the duties and responsibilities under this Agreement and in accordance with Chapter 406, Florida Statutes. The Medical Examiner shall have complete supervision and control over said employees who shall not be entitled as a result of this Agreement to any benefits granted employees of the County. C. Pursuant to Section 406.16, Florida Statutes, the County shall not be liable for any ac~s of the Medical Examiner that are not within the scope of the official duties as medical examiner. ~ NO PARTNERSHIP Nothing contained in this Agreement shall create or be construed as creating a partnership between the County and the Medical Examiner. ~ NO DISCRIMI'NATION The Medical Examiner agrees that there shall be no discrimination as to race, sex, color, creed or national origin at any County facilities provided under this Agreement and with regard to the provision of the services of the Medical Examiner contemplated by this Agreement. ~.E_G._TJ_Q.~ COMPENSATION FOR MEDICAL EXAMINER EXPERT TESTIMONY IN COLLIER In addition to the compensation provided for in Section III of' this Agreement from the County to the Medical Examiner, the Medical Examiner shall be paid by the County for expert testimony relating to medical examiner services performed in criminal cases pending in the Collier County courts. Expert testimony furnished by the Medical Examiner shall be compensated at a rate of $125.00 per hour and shall be paid upon the presentation of a motion for payment of said expert witness fee from the state attorney, public defender or court-appointed counsel. Notwithstanding the foregoing, compensation to the Medical Examiner for expert testimony in Collier County criminal proceedings occurring during the course of any particular calendar day shall not exceed $550.00. ~ NOTICES All notices from the County to the Medical Ex.trinet shall be deemed duly served if mailed by registered or certified mail to the Medical Examiner at the following address: Office of the Medical Examiner 870 6th Avenue North Naples, Florida 34102 All notices from the Medical Exam/ncr to the County shall be deemed duly served if mailed by registered mail to the County at the following address: Public Services Administrator 3301 East Tarniarni Trail Naples, Florida 34112 The County and the Medical Examiner may change the above mailing addresses at any time by giving the other party written notification within 15 days of said mailing address change. All notices under this Agreement must be in writing. · F~ NO IMPROPER USE The Medica] Examiner will not use, nor suffer or permit any person to use in any manner whatsoever, County facilities for any improper, immoral or offensive purposes, or for any purpose in violation of any federal, state, county, or municipal ordin~ce, rule, order or regulation, or of any governmental rule or regulation now in effect or her er enacted or adopted. In the event of such violation by the Medical Examiner, the County shall have the right to suspend this Agreement with the Medical Examiner. Should the Medical Examiner fail to correct any such violation within twenty-four hours after receiving notice of such violation, such suspension shall continue until the violation is cured. -$~ IN~DEMNTFICATION Thc Medical Examiner, in consideration of ten dollars, the receipt and sufficiency of which is accepted through the signin8 of this document, shall hold harmless and defend Collier County and its agencies and employees from all suits and actions, including attorney fees and all costs of litigations and judgments of any name and description arising out of, or incidental to, the performance of this Agreement or services performed thereunder. The Medical Examiner's obligation pursuant to this provision shall not be limited in any way by the agreed-upon compensation under this Agreement or the Medical Examiner's limit of, or lack of, sufficient insurance protection. The first ten dollars of compensation received by the Medical Examiner under this Agreement is considered as payment of this obligation by the County. This section does not pertain to any incident arising from the negligence of Collier County. ~ TERMINATION AND CONTINUITY OF SERVICES A. This Agreement may be terminated by either party upon ninety days written notice to the other party by Registered Mail, return receipt requested. The parties shall deal with each other in good faith during the ninety-day period after any notice of any intent to terminate has been given. Either party may terminate this Agreement in,mediately for reasonable cause, upon written notice to the other. Reasonable cause shall include but not be limited to: (1) Material violation(s) of this Agreement; (2) Suspension or revocation of the Medical Examiner's license to practice medicine or other disciplinary actions taken against the Medical Examiner by the Florida Medical Examiners Commission or similar regulatory authority; (3) Revocation of the Medical Examiner's appointment as Medical Examiner for Florida ; Medical Examiner District 20; t (4) Any violation of the Medical Examiner's duties as required under Chapter 406, Florida Statutes; (5) Repeated and/or prolonged absence(s) from office substantially affecting the performance of the duties of the Medical Examiner under this Agreement; (6) The death ofthe Medical Examiner; (7) Physical and/or mental incapacitation of the Medical Examiner substantially affecting the performance of the duties of the Medical Examiner under this Agreement. B. In the event of a termination of this Agreement by the County, the County shall only be required to pay such compensation to the Medical Examiner as she may be entitled to for services performed until the time of termination. ~ AMENDNfENTS This Agreement may be modified by amendment at any time provided that such amendment is in writing and signed by both parties. ~ ATTORNEY FEES In the event of any litigation arising under tiffs Agreement, the prevailing party shall be entitled to recoup attorney fees and ali costs of litigation from the non-prevailing party at both trial and all levels. appellate 1'/'4 WITNESS WHEREOF, the parties have caused this Agreement to be executed on the day first above written. ATTEST: D~,~,qGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By:. By:~ Deputy Clerk Timothy L. Hancock, Chairman Date: (SEAL) First Witness Typed or Printed Name MEDICAL EXAMINER Matra U. Cobum, M.D. Medical Examiner Florida District 20 Typed or Printed Name Approved as to form and legal ~fiqciency: ~ EXECUTIVE SUMMARY APPROVAL OF THE ANNUAL CONTRACT BETWEEN THE STATE OF FLORIDA DEPARTMENT OF HEALTH AND COLLIER COUNTY. OBJECWIVE: To adopt the annual agreement providing for the County's monetary and other contributions for the operation of the Collier County Health Department. CONSIDERATIONS: The 97-98 FY contract appropriations were considered by the Board at the June 18, 1997 Budget Workshop. Also, on October 1, 1996, the Board provided its direction concerning the programmatic distribution of its General Revenue funding. The 97-98 contract plan continues to reflect that direction. Other elements of the contract are essentially the same as for the 96-97 FY. Some additional !anguage has been added to the Core Contract to describe: 1. The new Department of Health and the reference to "Department" 2. Purchasing requirements 3. Insurance coverage requirements for non-county facilities used by Health Department The agreement does include "Attachment X" which is the language added to this annual agreement after negotiations between the County and the State in regards to indemnification. The agreement has been reviewed and approved as to its legal sufficiency by the County Attorney's Office. GROWTH MANAGEMENT IMPACT: None FISCAL IMPACT: The County General Revenue cash contribution budgeted for FY 98 is $ 378,300.00. There is no change from FY 97 contribution. The total County cash contribution, including budgeted general revenue fees and allocated revenue equals $ 894,950.00. In addition, the County provides facility and operations support valued at $728,445.00. Total County contribution is included in Health Department Service Levels as follows: Level I: Communicable Disease Control $ 617,175 Level II: Primary Care $ 85,412 Level III Environmental Health ~ Total $ 894,950 The State's cash contribution from all sources equals $ 5,188,716. The total cash contract comprised of State and County funding, equals $ 6,083,666. Executive Summary Page 2 In addition to the fiscal year 98 cash contribution, the contract does anticipate the retention of $169,694 in unspent FY 97 County funds of which $155,234 is budgeted as a cash flow reserve, and $14,460 is planned to be spent as pan of an overall $60,000 Building "H' renovation. RECOMMENDATION THAT THE BOARD OF COLLIER COUNTY COMMISSIONERS approve the contract with the Florida Department of Health for the operati~nty H~t for the 97-98 Fiscal Year. · "Roger Evans Date Collier County Health Department Business Manager Reviewed by: '~H. ~Date _co. er ~u'nty Health Department D~ rector Approved by: ~i nistrator Date STANDARD CONTRACT BETWEEN COUNTY BOARD OF COUNTY COMMISSIONERS AND STATE OF FLORIDA DEPARTtVlENT OF HEALTH Pursuant to Chapter 154, Florida Statutes this contract is entered into between the Department of Health, hereinafter referred to as the "department", and Collie~r County, hereinafter referred to as the "county". This contract stipulates the services that will be provided by the Collier County Health Department, hereinafter referred to as the CHD, the sources and amount of-funds that will be committed to the provision of these services, and the administrative and programmatic requirements which will govern the use of these funds. This contract also defines the respective responsibilities of the department and the county in enabling the CHD "to promote, protect, maintain, and improve the health and safety of the citizens and visitors through promotion of the public health, the control and eradication of preventable diseases, and the provision of primary health care for special populations." I. General Provision: II. Both parties agree that the CHD shall: Provide services according to the conditions specified in Attachment I and all other attachments to this contract; and Fund the services specified in Attachment Il, Pa,t IIl, at the funding level specified for each program service area in that attachment. Federal and State Laws and Regulations: Both parties agree that the CHD shall: Comply with the provisions contained in the Civil Rights Certificate, hereby incorporated into this contract as Attachment III; Comply with the provisions of 45 CFR, Part 74, and other applicable regulations if this contract contains federal funds; Comply with all applicable standards, orders, or regulations issued pursuant to the Clear Air Act as amended (42 USC 1857 et seq.), and the Federal Water Pollution Control Act as amended (33 USC 1368 et seq.), if this contract contains federal funds and the total contract amount is over $100,000; and Comply with applicable sections of Chapter 427, Florida Statutes, (Transportation Services) and Chapter 41-2, Florida Administrative Code, (Coordinated Community Transportation Services) regarding the provision of transportation services for the transportation disadvantaged if this contract contains any state, federal or I.ocal fun. ds which are used to provide for direct or indirect (an~ transportation services. III. Records, Reports and Audits: Both parties agree that the CHD shall: Maintain books, records and documents in accordance with accounting procedures and practices which sufficiently and properly reflect all expenditures of funds provided by the department, the county and other sources under this contract. Books, records and documents must be adequate to enable the CHD to comply with th,: following reporting requirements: The revenue and expenditure requirements in the State Automated Management Accounting Subsystem (SAMAS); The client registration and services reporting requirements of the minimum data set as specified in the Client Information SystemA-Iealth Management Component (CIS/HMC) Manual and any revisions subsequent to the January 1, 1984 version, or the equivalent as approved by the State Health Office. Any reporting system used by or on behalf of the CHD to produce the above information must provide data in a machine readable format approved by the department which can be transferred electronically to the Client In. formation System; The CHD is responsible for assuring that all contracts with service providers include provisions that all subcontracted services be reported back to the CFI]3 in a manner consistent with the client registration and service reporting requirements of the minimum data set as specified in the Client Information System/Health Management Component Manual and any revisions subsequent to the January 1, 1984 version; Financial procedures specified in the department's Accounting Procedures Manuals, Accounting memoranda's, and Comptrollers memoranda's; All appropriate CHD employees shall report time in the Client Information SystemfHealth Management Component compatible format by program component for at least the sample periods specified by the department; and Any other state and county program specific reporting requirements detailed in attachments to this contract. [3. Assure these records shall be subject during normal business hours to inspection, review or audit by state or county personnel duly authorized by the department or the county, as well as by federal personnel; Retain all financial records, supporting documents, statistical records, and any other documents pertinent to this contract in conformance with the retention schedules required in HRSM 15-1, "Records Management Manual', or the subsequent replacement if adopted during the contract period; Do Allow persons duly authorized by state or county, and federal auditors, pursuant to 45 CFR, Part 74.24(a), (b), and (d) to have full access to, and the right to examine said records and documents during said retention period; and Include these aforementioned audit and record-keeping requirements in all approved subcontracts and assignments. IV. Purchasing and Leasing Procedures: The CHD will adhere to the State of Florida purchasing rules and regulations except when purchasing or leaqing through the county to obtain a better price or service. When purchases or leases are more cost effective through the county or by following county procedures a superior good or service can be acquired, the county procedures and regulations will be followed in their entirety. Copies of the State Purchasing Rules and Regulations shall be maintained at the CHD and if any purchases or leases are made through the county system, the county procurement procedures must also be in place for audit and management purposes. When purchasing or leasing through the county system, the order and payment must be documented to note that county procedures were used because they were more cost effective. Any lease entered into by a CHD which utilizes county rather than state procurement procedures must be approved by action of the Board of County Commissioners. The ]ease must be voted on as an agenda item by the Board of County Commissioners prior to being signed by the delegated county official. Documentation of this approval, and tile fact that all county procedures were followed must be maintained by the CHD. Procurements will be authorized by the issuance of a purchase order or the consummation of a contract prior to the acquisition of goods or services. Exceptions to this provision may be made as specified in department or county procurement directives. Both parties agree that the CHD shall follow general services operating procedures as specified in the department's General Services Procedures Manuals, General Services memoranda's, Department of management Services' procurement directives, and when operating under county authority all such county directives. V. Monitoring: Both parties agree that, as either determines necessary, the department and/or the county shall monitor the budget and services as detailed in Attachment Il and operated by the CHD or its subcontractor or assignee. VI. Safeguarding Information: Both parties agree that the CHD shall not use or disclose any information concerning a recipient of services under this contract for any purpose not in conformity with the state law, regulations or manual (HRSM 50-2 Security of Data and Information Technology, or the subsequent replacement if adopted during the contract period) and federal regulation (45 CFR, part 205.50), except by written consent of the recipient, or his/her responsible parent or guardian when authorized by law. Assignments: Both parties agree that the CHD shall not assign the responsibility of this contract to another party without prior wrinen approval of the department and the county. No such approval by the department and the county of any assignment shall be deemed in any event or in any manner to provide for the occurrence of any obligation of the department or the county in addition to the dollar amount agreed upon in this contract. All such assignments shall be subject to the conditions of this contract and to any conditions of approval that the department and the county shall deem necessary. VIII. Subcontracts: Both parties agree that the CHD shall be permitted to execute subcontracts with the approval of the delegated authority in the department for services necessary to enable the CHD to carry out the programs specified in this contract, provided that the amount of any such subcontract shall not be for more than ten (10) percent of the total value of this contract. IX. In the event that the CH.D needs to execute a subcontract for an amount greater than ten (10) percent of the value for this contract, both parties to this contract must agree in writing to such a subcontract prior to its executton. No subcontracts shall be deemed in any manner to provide for the occurrence of any obligation of the department or the county in addition to the total dollar amount agreed upon in this contract. Ail such subcontracts shall be subject to the conditions of this contract and to any conditions of approval that the department and the county shall deem necessary. Insurance: The County agrees to provide adequate fire and casualty irmurance coverage for all furnishings and equipment in CHD offices and buildings. Buildings used by the CHD that are owned by the County, and all furnishings and equipment owned by the County, shall be insured through the County's insurance program, which shall be either a self- insurance program or insurance purchased by the County. For any buildings, furnisNngs and equipment used by the CHD but not owned or insured through the County, it is the responsibility of the CHD to obtain adequate insurance coverage either through the County, the state, or Department of Management Services approved private insurance carrier. X. Payment for Services: A. The department agrees: To pay for services identified in Schedule "C" of the operating budget (General Revenue and Federal)., and reflected in Attachment II, Part II, as the State's appropriated responsibility in an amount not to exceed $ 4 091 423 ; and the State share of all state authorized fees in an anticipated amount of $ ~ In addition, all "OTHER" state revenues from whatever sources to be appropriated to the County Health Department Trust Fund for services to be provided by the county health department in an amount of $ 379.598. for a grand total State cash contribution of $ 5 188 716. The State's obligation to pay unde~ 4 contract is contingent upon an annual appropriation by the Legislature. B. The County agrees: To pay for services identified in Attachment II, Part II, as the county's responsibility in an appropriated amount not to exceed $ 378 300. In addition, the county shall provide its share of all county authorized fees in an anticipated amount of $ 449,666 . These amounts, plus any 'OTHER' local revenues in the amount of $ 66 984 includes all revenues from whatever sources to be appropriated to the County Health Department Trust Fund for services to be provided by the county health department for a grand total county cash contribution of $ 894 950. The department and the county mutually agree: A. Effective date: This contract shall begin on October 1,199'7 or the date on which.the contract has been signed by both parties, whichever is later. This contract shall end on September 30, 199._~8. B. Termination: 1. Termination because of lack of funds: In the event funds to finance this contract become unavailable, either party may terminate the contract upon no less then twenty-four hours notice in writing to the other party. Said notice shall be delivered by certified mail, return receipt requested, or in person with proof of delivery. The department or the county shall be the final authority as to the availability of funds. Staffing and services shall be reduced appropriately. Termination for breach: Unless breach is waived by either party in writing, either party may, by written notice to the other party, terminate this contract upon no less that twenty-four (24) hours notice. Said notice shall be delivered by certified mail, return receipt requested, or in person with proof of delivery. If applicable, either party may employ the default provisions in Chapter 13A-l, Florida Administrative Code. Waiver of breach of any provision of this contract 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 the contract. The provisions herein do not limit either party fight to remedies at law or to damages. 3. Termination at will: This contract may be terminated by either party upon no less than thirty Notice and contact: The department's contract manager for this contract is harles K is r Jr. M.D.. The county repr~entative for this contract is Commi i er Timoth Han~k. In the event that different representatives are designated by either party after execution of this contract, notice of the name and address of the new representative will be rendered in writing to the other party and said notification attached to originals of this contract. Modification: Modifications of provisions of this contract shall, unless otherwise specified in Attachment I, be enforceable only when they have been reduced to writing and duly signed by both parties to this contract. Name and address of payee: The name and address of the official payee to whom the payment shall be made is: County Health Department Trust Fund, Collier County, Florida All terms and conditions included: This contract and its attachments as referenced, (Attachment I through X), contain all the terms and conditions agreed upon by the 0arties. In WITNESS TIlER.EOF, the parties hereto have caused this 50 page contract to be er. ecuted by their undersigned officials as duly authorized. BOARD OF COUNTY COMMISSIONERS FOR COLLEER COUNTY, FLORIDA SIGNED: Tim Hancock, Chairman Date: b~rATE OF FLORIDA DEPARTMENT OF HEALTH ATIT..Vr: DWIG~FT E. BROCK, CLERK By:__ Approved as to form and legal sufficiency Melissa Vasquez Assistant County Attorney DATE: cc: David Weigel, County Attorney SIGNED BY: (Department Authority) NAME: Richard G. Hunter Ph.D. ~ TITLE:~ealth Officer DATE: SIGNED BY: CHD Director / Administrator NAME: Charles Kon~M.D. TITLE: Director CHI3 DATE: ATTACHMENT I SPECIAL PROVISIONS I. County Health Department Trust Fund: Both parties agree: That all funds to be expended by the CHD shall be deposited in the County Health Department Trust Fund maintained by the state treasurer. That all funds deposited in the County Health Department Trust Fund which are subject to this contract shall be expended by the department solely for services rendered by the CHD as specified in this contract. Nothing shall protfibit the rendering of additional services not specified in this contract. That funds deposited in the County Health Department Trust Fund for the CHI) in Collier County shall be accounted for separately from funds deposited for other CHDs, and shall be used only for public health department services in Collier County. If actual expenditures should exceed the total planned expenditure amount for either the county or the state as agreed to in this contract, the CHD will, by agreement between the department and the county, draw down from the trust fund balance, if any, to cover the excess expenditures, or will cut back services to come within budget. That any surplus/deficit funds, including fees or accrued interest, remaining in the County Health Department Trust Fund account at the end of the contract year shall be credited/debited to the state or county, as appropriate, based on the funds contributed by each and the expenditures incurred by each. Expenditures will be charged to the program accounts by state and county based on the ratio of planned expenditures in the core contract, then funding from all sources is credited to the program accounts by state and county. The equity share of any surplus/deficit funds accruing to the state and county is determined each month and at contract year end. Surplus funds may be applied toward the funding requirements of each participating governmental entity in the following year. However, in each such case, all surplus funds, including fees and accrued interest, shall remain in the trt~st fund and shall be accounted for in a manner which clearly illustrates the a,mount, which, hasb. een credited :o each participating governmental entity. The p~anneo use ot surpms funds shall be reflected m Attachment II, Part I of this contract, with special projects explained in Attachment VIII: 1) Funds designated for Special Projects must be used for capital projects and durable goods without significant recurring costs. Examples of projects meeting this criteria include construction and renovation of current facilities and associated infrastructure; purchase of information system hardware/software and purchase of telecommunications equipment. Examples of items not meeting this criteria include grant funds for direct services such as tobacco prevention and provision of child safety seats; staff salaries; retirement obligations; rent/leases and funds held in anticipation of Medicaid paybacks and/or budget reductions. t'l~heecto°nt tarl a~ tmy°eUa~t m° fu ~ ~deSs ~ c~t iwC~ I~it ~da ~t° lboe fe~ tPtea~emd efn°tr i~ ,P~)~itahl iPs r~:)e~ includes funds to complete unfinished projects from previous years as well as for projects initiated during the contract year. Expenditure for Special Projects must be recorded in SAMAS with the appropriate Level $ Organizational Code. More detailed Special Project information, including description and cost by each project, must be listed in Attachment ViII. 2) A cash reserve of 12 percent represents approximately six weeks of operating funds. Ongoing cash reserves in excess of 12 percent should be programmed to services. There shall be no transfer of funds between the three levels of services without a contract amendment duly signed by both parties to this contract and the proper budget amendments unless the CHD director/administrator determines that an emergency exists wherein a time delay would endanger the public's health and the Deputy Secretary for Health has approved the transfer. The Deputy Secretary for Health shall forward written evidence of this approval to the CHD within 30 days after an emergency transfer. That either party may increase or decrease funds to this contract by notifying the other party in writing of the amount and purpose for the increased/decreased funding, and allowing 30 days for written objection before the additional funds are released for expenditure or the state allocation is decreased. A decrease in funds must be related to a reduction, shortfall, or sequestering of anticipated appropriations. That the contract shall include as Part III of Attachment II a section entitled "Planned Staffing, Clients, Service and Expenditures by Type of Service within Each Level of Service". This section shall include the following information for each type of service area within each level of service: the planned number of full-time equivalents (FTE's) by level of service; the planned number of services to be provided; the planned number of individuals/departments to be served; and the planned state and county expenditures. Expenditure information shall be displayed in a quarterly plan to facilitate monitoring of contract performance. That adjustments in the planned expenditure of funds for each type of service within each level of service are permitted without an amendment to this contract. That the CHD shall submit quarterly reports to the county and the department which shall include at least the following sections: 1. A transmittal letter briefly summarizing CHD activity year-to-date; 2. DE385L1 - "CttD Contract Management Variance Report; 3. DE580L1 - "Analysis of Fund Equities'; and 4. A written explanation of the variances reflected in the DF_.385L1 report for each quarter of the contract year if the CHD exceeds the tolerance levels as 9 S£P2319~7 J P~ · ~._~_J~ specified below as of the end of the quarterly report period: The cumulative percent variance cannot exceed by more than 25 percent the planned expenditures for a particular type of service or fall below planned expenditures by more than 25 percent. However, if the cumulative amount of variance between actual and planned expenditures for the report period for a program service area does not exceed one percent of the cumulative planned expenditures for the level of service in which the type of service is included, a variance explanation is not required. The CHD Contract Management Variance Report shall: Explain the reason for the variances in expenditures in any program service area which exceeds the tolerance levels established above; Specify steps that will be taken to comply with the contract expenditure plan, including a contract amendment, if necessary; and Provide a timetable for completing the steps necessary to comply with the plan. Failure of the CHI) to accomplish the platmed .~eps by the dates established in the written explanation shall constitute non-performance under the contr~,:x ~,'~d thc county or the dep~rrmen't may wh'hflofd fu~c/s from t~ cornvac~ appropriate administrative action to achieve compliance. The required dates for the CHD director's/administrator's quarterly report to the county and the department shall be as follows: March 1, 199_.~8 for the report period October 1, 1997 through December 31, 1997; Sur,¢ 1, 199~for ~he report period October 1, 1997~through March 31, t 99_.~.: September I, 1998 for the report period October I, 199._2_7 through June 30, 1998; and II. Fees: December 1, 199._~8 for the report period October 1, 1997 through September 30, 1998. A. Environmental regulatory fees: Thc department shall establish by administrative rule, fees for environmental regulatory functions designated in Attachment IV of this contract and coducted by the CHD. Such fees shall supersede any environmental regulatory fees existing prior to the effective date of the department's rule. The c~ I Agenda. ]o I SEP 2 3 1997 however, establish fees pursuant to section 381.0016, Florida Statutes, which not inconsistent with department rules and to state or federal law, after consultation with the department. Communicable disease service fees: The department may establish by administrative rule, fees for communicable disease services, other than environmental regulatory services, designated in this contract and conducted by the CHI). The county may establish fees pursuant to section 381.0016, Flor/da Statutes, which are not inconsistent with department rules and other state or federal law. All state or federally authorized communicable disease services fees shall be listed in Attachment IV of this contract. All county authorized communicable disease services fees shall be listed in Attachment V of this contract. Primary Care Fees: The county may establish fees for primary care services designated in this contract and conducted by the CHD except for those services for which fee schedules are specified in federal or state law or regulations. Both parties further agree: That such fees shall be established by resolution of the Board of County Commissioners, if promulgated by the county, or by administrative rule, if promulgated by the department; That there shall be no duplication of fees by the department and the county for communicable disease or primary care services provided by the CHD; That primary care fees shall be listed in Attachment V (county) of this contract. Communicable disease and primary care fees shall automatically be established by the department and the county at the Medicaid rate upon signature of this contract unless otherwise specified by either party according to procedures set forth in II, B and C of this section. E. Collection and use of fees: Both parties agree that: III. Proceeds from all fees collected by or on behalf of the CHD, whether for environmental, communicable disease, or primary care services, shall only be used to fund services provided by the CHD; All fees collected by or on behalf of the CHD shall be deposited with the State Treasury and credited to the County Health Department Trust Fund or other appropriate state account if required by Florida Statute or the State Comptroller. Service Policies and Standards: 11 Both parties agree that the CHD shall adhere to the service policies and standards published by the department in program manuals and other guidelines p. rovided by the department, where they exist, as a guide for providing each funded service specified in Attachment II, Part III of this contract. IV. Fair Hearing Guidelines: The CHD shall establish a system through which applicants for services and current clients may present grievances over denial, modification or termination of services. The CHD will advise applicants of the right ;o appeal a denial or exclusion from services, of failure to take account of a client's choice of serVice, and of his/her right to a fair hearing to the final governing authority of the agency. Specific references to existing laws, rules or program manuals are included in Attachment IX of this contract. The CHD shall post in a readily procedures or a poster informing Advocacy Committee 0-IRAQ. accessible location and visible to all clients either clients how they may contact the Human Rights Personnel: Both parties agree: A. The CHD shall have at least the following employees: A director or administrator appointed by the Secretary of the department after consultation with the Deputy Secretary for Health or Deputy State Health Officer and with the concurrence of the Board of County Commissioners; 2. A full-time community health nurse; 3. An environmental health specialist; and 4. A clerk. That all department employees working in the CHD shall be supervised by the department and subject to Department of Management Services rules and department rules. Staffing levels shall be established in this contract in Attachment II, Part III as FTE's, and may be changed in accordance with the availability of funds and/or program needs. The number and classification of employees working in the CHD that are county employees rather than department employees shall be listed in Attachment VI of this contract. VI. Facilities: Both parties agree that: 12 CHD facilities shall be provided as specified in Attachment Vll of this contract. This attachment shall include a description of all the facilities used by the CHD, including the location of the facility and by whom the facility is owned; The county shall own the facilities used by the CHD unless otherwise provided in Attachment VII of this contract; and Facilities and equipment provided by either party for the CHD shall be used for public health services provided that the county shall have the right to use such facilities and equipment, owned or leased by the county, as the need arises, to the extent that such use would not impose an unwarranted interference with the operation of the CHD. VII. Use of Funds for Lobbying Prohibited: The CHD agrees to comply with the provisions of section 216.347, Florida Statutes, which prohibits the expenditure of contract funds for the purpose of lobbying the Legislature or a state agency. VIII. Method of payment: The county shall deposit its annual contribution to the County Health Department Trust Fund as specified below. B. The department shall release state contributions to this contract as follows: Funds appropriated as "Aid to Local Government" shall be released in four quarterly amounts, at the beginning of each quarter of the contract year; WlC and other state funds appropriated in a cost reimbursement category (e.g. expense and special) shall be released on the basis of invoices documenting expenditures. IX. Laboratory and Pharmacy Support: The department agrees to supply laboratory and pharmacy support services for the CHD at least at the level provided in the prior state fiscal year if funds are available. Emergencies: Both parties agree, to the extent of their respective resources, that they may assist each other in meeting public health emergencies. Sponsorship: In compliance with section 286.25, Florida Statutes, the CHD assures that all notices, informational pamphlets, press releases, advertisements, descriptions of the sponsorship of the program, research reports, and similar public notices prepared and released by the CHD shall include the statement: 13 Sponsored by Collier Countv Health Department and the "State of Florida, Department of Health." If the sponsorship reference is in written material, the words, "State of Florida, Department of Health" shall appear in the same size letters or type as the name of the organization. Indicate in the space below the income eligibility limit for comprehensive primary care clients. 100% % of OMB Poverty Guidelines. Program Specific Reporting Requirements: Specific information not available through CIS/HMC or SAMAS must be supplied by completing the following: A. Specify in the space below the minimum number of clients who will receive comprehensive primary care services (clients registered in Program Component 88 who will receive services during this contract period). 5 917 Specify in the space below the amount of any county funds earmarked by the Board of County Commissioners for hospitalization in the Improved Pregnancy Outcome program if such funds are deposited in the County Health Department Trust Fund and included in the IPO line on Attachment Il, Part III, of this contract. $ 0.00 Complete the planned Family Planning budget irfformation on the following page for this contract period. County Fees: Those individual fees established by the county per ordinance or resolution and listed in Attachment V shall automatically be adjusted to, at least, the Medicaid reimbursement rate without formal amendment to this contract in accordance with section 154.06, Florida Statutes, should said reimbursement rate be increased or decreased. See Page 13, Section D. 14 Il) 0 · ~EP Z 3 1997 I ATTACHMENT II PLANNED FUNDING AND EXPENDITURES 16 o F'D z z rl"l 0 0 Z z Z ..-I -ri z Z 1997 ooooooo oo~ SEP 2 3 1997 SEP~lg~7 t 000o0 ~ SEP231997 SEP 2 3 1~g7 ~ o o o o o I ,o .._/y4c.)~, I SEP231997 § ° o ~ o~o~ooo ~ o ~ o~ 0 (2 ~OGR~I LEVEL LEVEL SERVICE 100 COMMUNICABLE DISEASE 101 ATTACHMENT IV STATE BUDGET PREPARATION FISCAL YEAR 1997-1998 OBJECT OBJECT COOE FEE VOLUME ANTICIPATED CODE TITLE STRUCTURE 97-~8 AMOUNT IMMUNIZATIONS A. MEDICAJD 001084 MEDICD-PHY81CiAN $5 $8,825 B. MEDICAID ACCOUNTS RECEIVABLE 001084 MEDICO-PHYSlCLAN $350 A MEDIC~O 001058 RECEIPTS-PHARMACY RATE B. PT. PAY 010405 NON MEDtC.~D RX. SCALE $0 MEDIC~eJD- SUB TOTAL $7,175 NON- - MEDICAJD SUB TOTAL $0 101 SUB TOTAL ~7,$75 102 S.T.D. (SEXUALLY TRANSMITTED DISEASE SERVICES) ~ PT. CARE-MEDICAiD 001087 MEDICD--STD RATE $0 B. HFV TEST 001091 FEES STATE/FED RULE SCALE C. MEDICAJD-ACCOUNTS RECEr,/ABLE 001087 MEDICD--STD PHARMACY ,~. MEDICAID 001056 RECEIPTS PHARMACY RATE D PT PAY 010405 NON-MEDICAJD R.X SCALE MEDICAID- SUB TOTAL NON. - MEDICAID SUB TOTAL 102 SUB TOTAL 103 ~DS A. CASE MGM'r, MEDICAJD (PAC) 001080 MEDICD. OTHER RATE ~1,254 O B. MEDICAID -~JDS 001069 CHU INCM-MEDtCI~AJD RATE $2B~52 C ANONYMOUS (EPt) 001091 FEES STATEJ~ED RULE SCALE $10,501 D RYAN WHITE CC%PAY 001091 FEES STATE/FED RULE SCALE E. MEDIPASS 001208 3 1200 $3,500 F. MEDICAID ACCOUNTS RECEIVABLE 001089 CHU INCM-MEDICD-AJDS PHARMACY A. MEDICAID 001056 RECEIPTS-PHARMACY RATE $170.010 B. PT. PAY 010405 NON MEDICAID RX. SCALE MEDICAID- SUB TOTAL NON- - MEDICAID SUB TOTAL ~2~I.016 $19.864 103 SUBTOTAL 104 A PT. CARE-MEDIC~D 001084 MEDICAJD-PHYSICIAN RATE $~75 PHAR~RACY A MEDICAJD 001056 RECEIPTS-PHARMACY RATE Sl.750 B. PT. PAY 010405 NON MEDICAJD RX. SCALE $175 MEDICAID- SUB TOTAL $2.625 NON- - MEDICAID SUB TOTAL $175 104 SUB TOTAL S2.B00 MEDICAJD- SUB TOTAL LEVEL I $270.816 NON- - MEDICAID SU~ TOTAL LEVEL I $20.039 LEVEL 100 TOTAL $290,855 35 r~10~ R E CEI~T~A,~t~ RATE ~400 010405 NONYED~JD RX. ~E ~oo M(O~O- ~ TOTA/~ ~ · MED~,~O SuI TOT,,~. 1.400 240 .~,J~TOTAL ~ LEVEL D~rTENMI~ ~ IEL~LI'I'Y 36 LEVEL 04c O~.,~C? OBJECT COO( FEE AJ~IC~PA'rl~0 H $CF ~ M ~O~ ~11~ F~ ~ 0 ~7 O. ~ FEE ~A~ (1) TEN PERC[I,~* {10~) {:)ir ~ P[RMI'I* FEE ~ ~S;ER~D TO HIES TO ~ ~. ~. E~~ S~P~T. ~ ~S ~ ~ ~[ ~ FEES ~E ~O ~Y ~. ~ ~ ~T ~ ~D TO ~E ~i~T~ ~UST ~4~ SUBTOTAL J 351 C~OUP C.A,Q.[ FAC~.FF~$ A ~AT~CT~ ~1~ FEE fl ~ ~ ~1~ FEE 31.1~ O ~ ~1~ FEE ~TOT~ Sl 1,~ ~4 MO~I~ HOME PA~KS A q-14SP~ES 001113 MH&~tVPAJ~K~ C ~R 171 P~ES ~1113 ~&~p~ (I) ~N ~ (1~) ~ ~ ~ FEE JS ~FE~O TO H~S ~ 0 g)'70 13 ~ 0 160D 0 37 ITATll IIuO, Grr PAGE .4. B [.XJST~LTO i~C~i ir~$?y,~ 001'llJ~ pEp, A4fT~EFA~$D C AN~OpERATiO~p~.~iT~ECC~rDyEjuIi00tl~& PE~MI'TFEEA~$0 $75 LS.4g,g SO 19.423 SUBTOT,~L $~37~ s,e $13.2,%,4 S1767 SlO6o ~.375 38 ~6 0 li34, · 8171 ~,n~, ~ ~ TOTAl. 3g ATTAI~.¢II~ IV ITATE IILRDGLrT PRI, PARATION L~L TOTAL To'rAJ. PAT]~.N'T flAY TOT~ ~D~ T~ PA~ PAY TOT~ ~ TOT~ ~A~ PAY TOTAL TOTAL PATI~N'r PAY LEV~. 200 TOTAL ~ TOT~ PA~ PAY TOT~ ~ ~D~ TOT~ ~ ~ PAY ~ ~ TOT~ I10,~o~ 11.100 10 $1 ?.,t~O 4O ATTACHMENT V COUNTY BUDGET PREPAR. AT]OH FISCAL YEAR log7 - lggl 100 t01 ~ OF SER~CES ~UNC.~LE D~F. ASE O~JECT O~JECT CODE FEE VOCUME AH'T~CIPATED CODE TTTLE STRUCTURE r/· N Ak~)UNT I, aMUNIZATION $ A. ADULT IMMUNLZ.,ATX)flS... GENE[~L B. INTE RNAT1ONAL TRAV-el 0010~ C. H~PA~S B. V~ ..... ~. PAY D. FLU VAC~NE 1. ~~ ~3 2. P~ P~ ~ ~ ~I~3 3 ME~E 4. MEDI~E ACCeSs RECE~LE E. PNE~ 1. C~ P~ p~ 2 P~ PW ~ ~1~3 3. MEDI~E ~1~ 4. MEDI~E ACCeSs RECEN~LE FEE ASSD~COMM DIS FEE ASSO,~OMM DIS FEE AS~D,'COMM D~ FEE ASSD~COMM D,~ FEE ASSD~OMM D~S fNCOME FROM MEDIC..ad~E INCOME FROM MEDICARE FEE ASSD/C..OMM DIS FEE ASSD~COMM DIS INCOME FROM MEDI~E INCOME FROM MEDIC,~RE 101 SUBTOTAL 102 S.T.D (SEXUALLY TRANSMITTED DISEASE SERVICES) A CURRENT PATIENT PAY 001093 B. P,It~ent Ply ~'~ Account 001093 C. MEDICARE 001090 102 SUBTOTAL 103 AIDS A. Current Piben{ Ply 001093 B Patient Pay o~ A~nl 001093 :. MEDICARE 001090 Ptobabo~ C~I$~. 001093 501 Training 001093 101/104 T~ining O01093 FEE ASSD~OMM DIS FEE ASSD/COMM DIS INCOME FROM ME~,ICARE FEE ASSD/COMM DIS FEE ASSD/COMM DIS INCOME FROM MEDICARE 103 SUBTOTAL T.B A Cun'ent Plt~e~! Pay 001093 B. Paten! Pay o~ ~nt ~1093 C MEDI~RE ~1~ SUBTOTAL lB0 ~TAL STA~S~CS 1. BIR~ REG. ~RD 2. BIRTH CER~FI~ ~1114 3. D~ CER~FI~TE ~1115 4. O~ OF COU~ ~1116 5 A~IN FEE ~1117 FEE ASSD/COMM DIS FEE ASSD/COMM DIS INCOME FROM MEDICARE VTrAL STATS- FEES VTTAL STATS- NEW BIRTH VTTAL STAT~- DEATH V. S.* COMPUTER ACCESS VTTAL STATS- ADMIN FEE 180 SUBTOTAL LEVEL 100~TOTAL SCALE SCALE RATE PATE SC..~ E SCALE RATE RATE ~.000 &3.000 $II,000 ~*~.000 $100 S3~,000 $4) $300 SCI ~.32S SCALE $300 SCALE $1o0 SCALE $1,3~3 SCALE S240 RATE $16.439 ~.300 $3.500 S29.g29 RATE $100 $1,7oo S8 0 $5 0 $13,123 S7 0 $1{)4.223 S2 0 SI.023 $0 50 0 S128,221 S246.575 41 PAGE · 2. PRIMA~¥ HE~,LTH ~&~E 210 CHRONIC DL.~E CURRENT PATIENT PAY A. C.V. %~CREEN B. OTHER ~CREENING C. Ir~T. PAY OH ACC. OUH'r 210 SUBT,~TAL 223 FAMILY PLANNING A b"TT. RILbT, ATION CO-RAY B PT. PAY ON ACCOUNT 223 SUBTOTAL 22,5 MATERNAL HEALTH / IPOP A. P T. PAY ON ACCOUNT 225 SUBTOTAL 229 CONIPREHEN$/'V'E CHILD CARE A. PT. PAY ON ACCOUNT 229 SUBTOTAL 257 COMP ADULT CLINIC CARE A. CURRENT PT. PAY 8. P T, PAY ON ACCOUNT C. MEDICARE 237 CUBTOTAL 240 DENTAL HEALTH CARE A_ CURREHT PT. PAY B. P T PAY ON ACCOUNT 240 SUBTOTAL LEVEL 200 ~TOTAL 001077 FEE A,SSD I PRIM CARE 001077 FEE A~$D I PRIM CARE 001077 FEE ASSD I PPJM CARE 001077 FEE AS,SD I PRIM CARE 001077 FEE AS,rSD / PRIM CARE 001077 FEE ASSD / PRIM CARE 001077 FEE ASSD / PRIM CARE 001077 FEE ASSD / PRIM CARE 001077 FEE ASSD I PRIM CARE 001090 INCOME FROM M£OICARE 001077 FEE A$SD / PRIM CARE 00,!077 FEE ASSD / PRIM CARE SCALE U,000 SCALE ~ SC. ALE SCALE SCALE SCALE SCALE SCALE RATE I~.000 SCALE SCALE $2OO $10.727 42 SEP Z 3 I.%~ CO NTY BUDGET PRIr T1OH PAGE - 3 - EN~RONM~NTAL HEALTH FOO0 HYGIENE PROGRAM A. COMPUTER PPJNTOUT B, COOE XEROX SUBTOTAL 3a,2 MK2,RANT LiA~:)R CAt~ A. FINES S. COMPL.rTER PRINTOLFT C. XEROX 3-52 SUBTOTAL MOelLE HOME P,.kRKS A. COMPUTER PRINTOUT E. CODE XEROX SUBTOTAL PR~VAT~ WATER SYSTEMS A WATER CERTIFICATION LETTER 357 SUBTOTAL 358 PLIBLIC DRINKING WATER SYSTEMS /L COMPUTER PRINTOUT B. 100~ XEROX 358 SUBTOTAL 360 SW~d~ING POOL PROGR,~M A. BACTERIOLOGICAL RECHECK B. SW1MMING POOL TRAJNING C. SWIMMING POOL COMP LIST1NG D. BACT. $AJdPLES BY OWNERS E. COMPUTER PFUN'TOUT F. I00~5 XEROX *360 SUBTOTAL SEPTIC TANK FEES A COMPUTER PRINTOUT B 10O~ XEROX ~51 SUBTOTAL LEVEL 300 TOTAL G~D TOTAL 010403 FEES -COPY PUBLIC DOC, $10 0 010403 FEES -CC)FY PUSLIC DOC. N 0 0'12020 ~ AND FoREmJR~ VARK)US 0 01040~ FEES ~ PUBt.~ DOC. 810 0 010403 FEES -COP'Y PUBLIC DOC. ~ 0 010403 FEES ,,*COPY PUBLIC DOC $10 0 010403 FEES -COPY PUBUC DOC. ~ CI SO 0010G4 FEES CNTY ORDINANCE S30 0 1.1.8'50 $1.KG 010403 FEES -COFrY PUBLIC DOC. $10 0 010403 FEES -COPY PUBLIC DOC. 1.4 0 0¢1094 FEES CNTY ORDINANCE 0~1094 FEES CNTY ORDINANCE 0010~4 FEES CNTY ORDINANCE 001094 FEES CHTY ORDINANCE 010403 FEES -COPY PUBUC OOC. 010403 FEES -COPY PUBLJC DOC. 010403 FEES ..COPY PUBLIC DOC 010403 FEES -COPY PUBLIC DOC SC) 0 S12Q S20 0 $10 0 S1SO 0 $118.100 $10 0 1115 Sllg.414 $10 0 $10 0 ~1 $192.364 ~14,19.~6 43 ATTACHMENT V COUNTY BUD~E'T PI~EPAR.ATiON FISCAL YEAI~ ltl7. 1091 PAGE L.E'~.L PA~E~ ~ PAY PA~E~ PAY ~ TOT~ L~L L~L ~ ME~E PA~E~ PAY PA~E~ PAY ~ TOT~ ~ TOT~ ME~E ~T~ PA~E~ PAY TOT~ PA~ PAY G~D TOT~ L~L L~L ~ E~~ TOT~ C~ ~.414 S171,871 1.500 ~?,814 $2.~17 $257.302 ATTACHMENT VI CLASS~ON AND NUMBER OF EMPLOYEES WORKING IN THE COUNTY PUBLIC HEALTH UNIT WHO ARE PAID BY THE COUNTY, BY LEVEL OF SERVICE, IF APPLICABLE N/A II. ~ARE: N/A III. ENVIR NT TH: N/A f, llch ~ 45 SEP231S~? I ATTACHMENT ¥I! FA~ILIT~-S ~TILI~-~D I~Y THE COGNTT HEALT~ D~T~I~T Facility COLLIER COUNTY HEALTH & PUBLIC SERVICES-BUILDING H CHD/ENVIRONMENTAL HEALTH CO-LOCATION WITH DEVELOPMENT SERVICES 3301 East Tamiam/ Trail Building H, Naples Collier County 2800 North Horseshoe Drive Collier County Naples IMMOKALEE SATELLITE Ao Clinical Services Health Se~;ices Facility 419 North First Street Immokalee Collier County Collier County Bo General Public Health Services Triple Wide Mobile Office Unit Collier County attchVI! 46 ATTACHMENT VIII DESCRIPTION OF USE OF CHD TRUST FUND BALANCES FOR SPECIAL PROJECTS, IF APPLICABLE (From Attachment II, Part I) Facility renovation f6r Immunization, Disease Inte~ention and subsequently affected areas of Building H, Collier Government Complex. attch878.doc 47 SEP23~S? I ATTACRMENT IX PROGRAM SPECIFIC REPORTING REQUIP. EMENTS AND PROGRAMS REQUIRING COMPLIANCE WITH THE PROVISIONS OF SPECIFIC MANUALS Some health services must comply with specific program and reporting requirements in addition to the CIS/~MC minimum data set and the SAMAS 2.2 requirements because of federal or state law, regulation or rule. If a county public health unit is funded to provide one of these services, it must comply with the special reporting requirements for that service. The services and the reporting requirements are listed below: Sexually Transmitted Disease Program Requirements as specified in HRSM 150-22. Requirements as specified in Policy 87-7-5 regarding State ~ealth Office STD Program review and approval of personnel/budget actions. Dental Health Monthly reporting on HRSH Form 1008. Special Supplemental Food Program for Women, Infants and Children. Service documentation and monthly financial reports as specified in HRSM 150-24 and all federal, state and county requirements detailed in the program manuals and published procedures. Improved Pregnancy Outcome Requirements as specified in HRSM 150-13A. Quarterly reports of services and outcome on HRSH Form 3096. Program Quarterly Progress Report, Quarterly S,,mm~ry Report, Presumptive Eligibility/ Medicaid Determination Log by all providers authorized to determine presumptive eligibility. Family Planning Periodic financial and programmatic reports as specified in HRSM 150.27. 48 6. Immunization 7. CPHU Program ATTACHMENT IX (Continued) Chronic Disease Program Environmental Health AIDS Program 11. School Health Services Periodic reports as specified by the department regarding the surveillance/investigation of reportable vaccine preventable diseases, vaccine usage accountability, the assessment of various immunization levels and forms reporting adverse events following immunization. Requirements as specified in HRSM 150-3 and HRSM 50-9. Requirements as specified in the Reference Guide to CHIP and HRS forms identified in HRSM 150-8 and 150-12. Requirements as specified in HRSM 50-10. Requirements in HRSM 150-30 and case reporting on CDC Form 50.42. Socio-demographic data on persons tested for HIV in CPHU clinics should be reported on CDC HIV Counseling & Testing Report Form. These reports are to be sent to the Headquarters AIDS office within 30 days of the initial post-test appointment regardless of clients' return. HRSM 150-25, including the requirement for an annual plan as a condition for funding. ~ch9 .doc 49 A'VI'ACHMENT X TO STANDARD CONTRAC'F BEI'WEEN OLLIER BOARD F I This attnchment adds the following language: The CHI) is a state agency or subdivision, as defined in section 768.28, Florida statutes, agrees to be fully responsible for its negligent acts or omissions or tortious acts which result in claims or suits against the County, and agrees to be liable for any damages proximately caused by said acts or omissions. Nothing herein is intended to serve as a waiver of sovereign immunity by the CHI) to which sovereign immunity applies. Nothing herein shall be construed as con.sent by a state agency or subdivision of the State of Florida to be sued by third parties in any matter arising out of any contract. The eKD agrees that it is an independent contractor and not an employee of the County. 5O EXECUTIVE SUMMARY APPROVAL OF A LIMITED USE LICENSE AGREEMENT BETWEEN COLLIER COUNTY ~ CARE MINISTRIES, INC. FOR THE PURPOSE OF UTILIZING COUNTY-OWNED PERTY FOR A FUND RAISER. ~: Approval of a Limited Use License Agreement between Collier County and We Care Ministries, Inc. for the purpose of utilizing County-owned property west of the Golden Gate Community Center for an arts and crafts show. KD.]~: We Care Mini~a-ie~, Inc., a Florida not-for-profit corporation, herdnafler referred to as "Lessee", has requested the use of the property we~t of the Golden Gate Community Center to use for a fund-raiser on October 4, 1997. The procee~ of the event will benefit the needy of Collier County. The Lessee is required to provide the (:/,ounty with a four hundred dollar ($400.00) cash bond to ensure proper clean-up of the property following the event. The Lessee shall provide Collier County with the necessary insurance policy naming Collier County as an additional insured. The Lessee is required to obtain all necessary permits issued by Collier County in order to conduct this event. The dates reflected in the Agreement include one (I) additional day for set-up and one (1) additional day for take-down. The Risk Management Department and the Office of the County Attorney have reviewed the attached Agreement. None. ~~t~gl~~g]~: None. ]~kO~: That the Board of County Commissioners approve the Limited Use License Agreement with We Care Ministries, Inc. and authorize its Chairman to execute same. rREr u i DAm "Michael H. Dowling~ ~eai ~cialist, Real Property Management Department B ""----~' ~ REVIEWED y: '- ' ' '-: " DATE: c,,. x Sandra~l'aylor, Director, Real Property.~l-..~na~-~g-~---gemen! Departrne~t REVIEWED BY: ' upport Services Division DATE:~ LIMITED USE LICENSE AGREEMENT LIMITED USE LICENSE AGREEMENT BET"9,T..EN THE BOARD OF COUN'T~' COMMISSIONERS, COLLIER COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA AND WE CARE MINISTRIES, INC., A NON-PROFIT FLORIDA CORPORATION, APPROVING THE USE OF COUN'TY-O%,~ED PROPERTY FOR THE PURPOSE OF CONDUCTING A FUND RAISER. This Limited Use License A~-~.m~t e~te~:d into this day of , 1997 by ~d ~ ~e Bo~d of Co~ Comml~ioncn. Colher Count, Flofid~ whose mailing ~d~ss is 3301 ~ T~i~i T~il, Napl~. Florida 3~112. hereinafter re fc~ed to ~ "Board", ~ We C~ Minls~n~, Inc., a non-pmfil Florida co~rahon. whose mailing ad~s is 3823 T~i~i T~il ~t. N~I~, Florida 34112, h~nafler rcf~ m u "~g~i~tion'. WHEREAS, the Organization requests the use of County-owned lazed for the purpose of holding activities for a fund raiser which shall be held on October 4, 199'7, in which all proceeds bede f'st the Organizalion's cause by canng for the needy of Collier County. WHEREAS, the Board is wilhng to approve ~e use of County-owned land for such purposes. NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS CONTAINED HEREIN AND OTHER VALUABLE CONSIDERATION, THE PARTIES AGREE AS FOLLOWS: I. The Board hereby appr:ves the use o1' County-owned property identified as that port,on Tract 11.5. Golden Ga~¢ Subdivision, Unit 4, as recorded in Plat Book .5, Page 109. o,r the Records o~' Collier Counly, Florida, which lies west of the Golden Gate Community Center c~', Golden Gale Parkway and east of the Golden Gate Emergency Services Complex. as sho~,.n m Exhibit "A" which is attached and made a pa~ hereof, hereinafter referred to as "Propen)" 2. The approval of the use of the Property by the Organization shall extend from October .~. 199'/ th. rough October .5. 199;'. These dates include one (1) day for set.up amd one (I} da.~ for take-down. 3. The Organization shall monitor, control and assume responsibility for all act,vst~es, vendors. licensces, amd invitees associated with holding of such an event, such rcspons~bihty not bc~r,g limited to trash collection and cleam-up of thc Property. Boa'd shall not be obligated or reqmred to improve, rtgair, or maintain the Proporty or any pan thereof in amy manner whatsor,,er a. The Organization shall acquire an)' and all permits required by Collier Count' amc~ an.', o:he: governmental entity to conduct such an event and related activities on the Proper:.', Th.': Organization shall post a Four Hundred and No/100 Dollars (S400 iX)) c~h bond '*~lh the Co!h,:r County Real Property Management Depanmem ten (10J days prior lo Ih{: scheduled exent to insure adequate cleam-up of the Property at the termtnalion of this Limited Use L~cense Agreement. It is understood amd agreed that this bond is not intended to r~lac¢ Orgam~zat~on's obligation to clea~ up thc Property at the completion of ils activities under this L~m~ted License Agreement. Upon Organization's w~tten requesl, the Real Property Depa."Unent shall re~um such bond money to Orgamzation il' said Property is cleaned up m timely and proper mariner as required herein. 5. Prior to making amy changes, alterations, additions or improvemmu to the Property. [he Organization will provide to Boa. rd, in wntin$, all proposals and plans for aheratmns. improvements, changes or additions to the Prope~rty. The Organization covenants and agrees m con~ection with any mainlenancc, re'pair work, erection, construction, improvement, addmon or alteration of amy authorized modifications, additions or improvements to thc Proper:), lo obse~¢ and comply wilh all present and future laws. ordinancm, rules, regulations, and rcq.,rement~ of the United States o1' A~nerica, State of Florida, County of Collier. and any and all go~ emmental so. /~.~')t _ SEP 2 3 tgg7 agencies. All &hcrationL improvemc;',,ts, &nd additions to the Prol:~'t7 shall, at once. ,* h~ made or installed. ~ deemed ~ attached to the ~ehold ~d to have ~om~ th~ prop~y o~ Colh~r Count~ ~d shall remain ~or the ~e~t o~ the Count~ at the ~d o~ the t~ se1 fo~h m th~ I~t in u j~ ord~ ~ co~i~on ~ ~ w~c wh~ insta]l~, ~nabl~ ~cat and tear excited; provide, howcv~, if Bo~d ~ di~ts, the ~g~i~tion shall promptly remove the ~ditions, improvises, also. lions, ~xturc/~d inslallations which w~c placed in. on, or · e Prop~y by ~e ~tmi~tion, md r~air ~y d~aie c~us~ to ~c Pm~ny by such rcmo~ al. 6. The Organization shall provide and maintain general liability insurance pohcy0es), approved by th-' Collier County Risk Manager, for not less Ihan Five Hundred Thou~nd and No,'Dolla.s ($500,000.00) combined single limit~, during the term of this A~recrncm. Such insurance policy(icg} shall list Collier County ts ~ additional insured thereon. Evidence of such insurance shall be provided to the Collier County Risk Manager, 3.101 East Tarniarni Trail. Admimstrahon Building, Naples, Florida, 34112, for approval prior to Sc'ptcmbcr 19, 1997; and shall include a provision requiring ten (10) days prior written notice to Collier County c./o County Risk ,"vlana~er in thc event ofc~ccllation. ?. This Limhcd Usc License Agrccmcm shall be administer~ on behalf of the Board b) and through thc ColJier County Real Properly Managtmcn! Dc'pm'troche. 8. The Organization agrees Io hold harmless and defend Collier County, the Board of' Count~' Commissioners of Collier County, Florida and their agents and employees, irrom MS.lions or Causes of &¢lion for any loss, in~u~ Or d~ag¢ lo ~ns or prope~y ansm~ from or Msoc~alcd with ~hc ~gani~lion's acljvHics or use of Iht Prop~y. ~e OrgamzaHon agrees IO indemnify Collier County and thc Board of Coun~ Commissioners o( for any costs, expenses or Fees. including attorneys' [ecs, arising from ~). claims or causes of acdon ~or Joss, inju~ or damage Io pitons or property ~sing from or tssociattd w~lh thc Org~ization's acdvhics or usc o~thc Propt~y. 9. The Organization covenants and agrees not to assign this Limhcd Usc License Agreement or to permit any other persons to occupy same without thc written consent of Board I0. Thc Bozrd reserves the right to cancel and/or reschedule thc above-described cvrn! for the above-listed day. upon ten (lO) days not~ce to the Organizatmn of Board's Inten! Io reschedute anti, or cancel. I 1. Any notice to bc given by either pa.r:y to ~hc other pursuant to thc provismns of th~s Agreement shall bc in writing and shall bc placed in an official depository of'thc UnHed Stales Post Off'icc, Registered or Certified Ntail, Relum Recczpl Requested, posla~e prepaid, addr:s'~cd to thc p~'ty for whom ~t is intended to the address stated above or at an address e~lher part) ma} have designated in writing. 12. Thc Board and Organization specifically agree that this Agr¢cmcnl represents a license thc organizalion's usc of thc Proper~y and docs not convey any estate in thc Property or crca~c any interest whatsoever. 13. Thc Organization represents and warrants to thc Board that no hazardous ma:finals v,:;! bc discharged to thc air, grounds, sewer, or to a septic system on ~e Property. 14. Thc organization shall be responsible for paying all sales taxes, if apphcablc, and aH olher taxes and cha~gcs usocialed with or rcsuking f~om thc holding of this event. iS. Thc sale and/or consumption of alcoholic beverages shall be prohibited on thc Property,. during t~Js event. 16. This A~ccmcnl is governed and construed in aCcordance with thc laws of thc State of Florida. SEP231997 I IN WIT'N~SS W'HEREOF, Ibc pani~ here'lo ha'ye made and executed ibis L,m,ed Use License Agreement ~s of lbo day and .yc~' firsl above wm~cn. AS TO THE ORGANIZATION: DA~D:_Z:_- 9' 9 '~ WE CARE MINIS1T, JES, INC. Wimess (signature) (,print name) By:~ B EVERL"(../elLENCH, Pr~si~en~ AS TO THE BOARD: ATTEST: DWIGHT E. BROCK, Clerk , Deputy Clerk BOARD OF COUNTY COMMISSION"ERS COLLIER COUNTY, FLORIDA BY: TIMOTHY L. HANCOCK, Chairman Approved as Io form and legal sufficiency: Assiszan~ County Anomey J "" --,~ I SEP231997 SEP 2 LlSS7 I A RECOMMENDATION REGARDING THE PURCHASE OF PROPERTY & CASUALTY INSURANCE. as this is performed cve~ three years to usure a competitive program. ~,inOclober, 1994theBotrda65ed Workers' Compensation coverage to the current All Lines Aggregate program ~nd il w~ decided to wail until the end of the t/u'ee yeax Workers' Coition progr~n cycle lo rna.,4~ the entire Ixograzn. At t/m time, the B~rd approved the renew~ o~ the Ail Line~ Aggregate Prcq:~-rty tnd Casualty itmxr'ars~ ~ The All Lines Ag, gregate Progrnm combines the Genera~ Liability, Automobile Liability, !:~ (including auto pl-o, xical damage and flood coverage), Worke. x%' Compensation, Crime, and Errors and Omissions Liability coverages imo a single program with per occurrence retention limits per line of covcrage as well as an aggregate retention limil/'or ail line~ of coverage which cap~ to~l program costs. ^ckiitiortal cxce~s coverage is purcha.~ ffhigher limits are necera, ary. In May, 1997, the Risk Management l~nt sought proposals through its properly and casualty i~ brier, Insurance and Risk Managcmem Service~, Inc. The ~'pes of programs s~ght included firsl dollar (no deductibles or retentions), deducible, paid loss, and self-insured retention programs with and without aggregale pr~ection. Coverages ~ught trader the above-described optio~ included General Liability, Errors & Omissions Li,~ility, Property, Crime, Automobilc Liability, Automobile Physical Damage, and Difference in Conditions (floo~). Additionally, quotations for miscellaneous lines of coveragc were sought which include Airport Liability, Contingent Law, Boiler & Machinery, and Statutory Death Benefits. l~s from various carriers have been received and are presented as poma'hie program ahcrnative~ ns ~d~v,-n in £x/u'bit I. It should be noted t~t the property insurance market remains very hard as to coverage availability ~ pricing. Limhed markets axe available to the County and none b~t the curt'ertl carrier, Crum & Fomer, were found Io be either comprehensive or competitive. Thus, Crum aM Fomer is the only property insurance market indicated within these program nhcrnatives. Total program costs which include fixed premium.~ adjusting cos~ and broke~ f~es plus expected los~ are tanked as followx: 1) Northficld All Lines Aggregate 2) Ranger Insurance 3) Florida League of Cities 4) Titan Insurance 5) Hartford Insurance 6) Hartford Insurance Self Insured Retention with Aggregate Serf Insured Retention Serf Insured Retet~tion Self Insured Retention with Agga'egate Self Insured Retcntion Fire Dollar $2,553,922 $2,683.231 $2,683,06 ] $2,743,4O0 $3,0] i,573 $3,061,765 The anaJytls of thcse programs would indicate that the Northficld All Lines Aggregate Program remains the mos~ competitive program. It is $129.309 less than the nexl Iow~ program, Ranger Insurance. Further, it provides both c,.pecLfic and aggregate excess pr~ection. The carriers which are utilized for this program are found in Exlu'bit 2. The following program specifics should be floled. 1) Insured property values total are $334,529,'711. Property rates did no( increase. However, properly values did increase by approximately $50,000,000. 2) Liability limits axe $2,000,000 for General Liability and Auto Liability and $$,000,000 for Error~ ~ Omissions and federal actions. SEP 2 3 Ig97 3) Dilference in Conditions (flood) insurance has been increasaxl fwm limits of $31,000,000 to limits of $50,000,000. Thi~ ha~ been don~ lo oomply wiLh ibc Sta~ord Acl which requires the County Io purchate flood itmu-anc~ on ~ properties ifil wishes Io rotc/ye federal s~iuance in a declared disat~er. 4) Crirae insurance limiu h~ve been incrr~ed for employ~ dishone~ from Sl,000,000 ~o $:5,000,000 to acco m! incr~a~i expo~ms due ~o increases in the overall 5) Overall, mo~ rates for the program did not incr~ue ~nd wme decrmsod, however, those rating f,~or~ wh/ch used ~o ck~op premium d/d incr~se. The~ include na opemina ~ (+3.5%), ~ in~urod (+20%), ~ the number of coven~d ~utos (+2'~A). Crum & Fom~, the oounry'~ property imuranoe proposed ~ three year rate guarantee in exchange for ~n incrmse in the pr~nium tale of 5%. S~aff feel~ this guarantee is a good proposal and il i~ included in the overall program ~ A~ · re~! ofthese factors, fixed program cost~ iacrmso/by ~pprox/mately $100,691 or approx/m~lely 8.9*/, over the FY 97 progrant The mention (deducu'ble) per occurrence is $ I00,000 for ~11 line~ with the except/on of Workers' Compensation wh/ch is $150,000. The max/mum aggrtg~le ~n~Ln! of maJnod Iot, s~ for lhese lines is $1,360,000 per year. Expeaed losse~ ar~ estimaled Io be $1,200,000. The following monoline coverages do not fall within the All Lines Aggregalc program. The rate:~ proposed for these coverages a. re at follows. Airport Liability (American Eagle) Boiler dc Machinery (Harfiord Steam) Statutory Accidental Death (Hartford) Contingent Law Enforcemem Liability (Lloyd's) Pollution Liability (ECS Underwriting) $ 9,312 $ 9,500 $ 7,570 $ 8,036 $ 9,766 $ 8,748 $25,000 $ 25,000 $101,239 SNA The Boiler ~/vl~chinery rote did no~ increase, hov.~'ver, final premium is a function of pwl~rty v~lues which did rise, thus, the final premium increased. The Pollution Liability program was recently approved I~' I~e Board in June, 1997. The Contingcn! Law E~orcemen! coverage is being offered through the Florida Sheriffs Fund when~, the Board is a named insured under the Sheriffs coverage. Currently, there is no c~her marka for this coverage. ~ To~d cxpecled costs for Ihe Ail Lines Aggregate Program are $2,553,922. The rt~'wal tales for the monoline coverages as descn'bed total $152,523. Funds have been apprc~'/~ted under Fnnd.~ 516(Prc~rcy and C. asu~ry) and $18 ('~ckers' C. ctq:~'~cix~n) ~ithin ~pec£flc deparnamr.~, kz:lgecs r~ ~ R AN MENT · None. ~ It is recommended that the Board approve the following: I) Approve the pm'chase ofthe Norlhfi¢ld All Lines Aggregate Property & C.~mxal'ty Insurance Program and ,~.,,tn, c .z: purchase o~ A~rport l. aaomty, Bodcr & Machinery, Pollution Liabiliey, Statulor). Acciden~ Death. ~ L~w Enforgement Liabilil), coverages at outlined in the executive mmma~ effective October 1, 1997. ~Rigk Management Direclor -- PREPARED BY: ' ~'~"~:""--'~. DATE:~ leo E. Ochs, Jr., Support S~rvic~ Administrator / EX3tlBIT 2 All Lines Aggregate Excess Property Excess General Liability Excess Automobile Liability Excess Public Officials Errors & Omissions Liability Excess Workers' Compensation Excess Crime Excess Difference in Conditions: First Layer Second Layer Third Layer All Lines Aggregate Program Insurance Carriers INSURER BEST'S RATING Northfield Insurance Co. A+ Crum & Forster A St. Paul Surplus A+ Northfield Insurance Co. A+ Northfield Insurance Co. A+ Safety National A Northfield Insurance Co. A+ Crum & Forster A Nortlffield A+ Royal Surplus Lines A- ~o. SEP 2 3 1997 P~. EXECUTIVE SUMMARY EXECUTE CONTRACTUAL AGREEMENT WITH EAST NAPLES FIRE CONTROL AND RESCUE DISTRICT FOR FIRE AND RESCUE PROTECTION SERVICES WITHIN THE COLLIER COUNTY FIRE CONTROL DISTRICT. ~ To obtain Board of County Commlssioner'a approval to execute a contractual agreement with East Naples Fire Control and Rescue District for provision of fire protection ~e~vlcas within the Board of County Commissioner's Collier County Fire Control District. ~ Pureuint to Collier County Ordinance No. 84-84, as amended, the County created the Collier County Fire Control Municipal Service Taxing Unit for basic fire protection services outside of existing fire districts boundaries. Currently, the property owners within the Collier County Fire Control District are taxed at a rate of 2 mills. The term of this Agreement shall be effective October 1, 1997 to September 30, 1998 and thereafter, shall be deemed extended year to year based upon the same terms and conditions contained within the attached Service Agreement. FISCAL IMPACT: Funds are available in Fund (148). The anticipated FY 1997-1998 payment to the East Naples Fire Control and Rescue District is $77,800. ~WTH MANAGEMENT IMPACT: None. ~ That the Board of County Commissioners approve the attached Service Agreement between the East Naples Fire Control and Rescue District and the Board of County Commissioners and authorize the Chairman to execute same. PREPARED eY:...~..,. ~.~ ?/ ~ Jeff'P~~ment REVIEWED BY'~ Diane Fla~[, Chief, Emergency Services Department REVIEWED BY:~ REVIEWED BY: Leo Ochs, Ad~ator,~Support~ces~ Robert Fernandez, County Administrator DATE:~ DATE:~ DATE:~'~ DATE:_._..____ SERVICE AGREEMENT BETWEEN THE EAST NAPLES FIRE CONTROL AND RESCUE DISTRICT AND THE BOARD OF COLLIER COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA This SERVICE AGREEMENT (Agreement) made this 26th day of ~L~, 1997, by and between the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, (hereinafter referred to as COUNTY), and the EAST NAPLES FIRE CONTROL AND RESCUE DISTRICT. WHEREAS, pursua'nt to Collier County Ordinance 84-84, as amended, the Board of County Commissioners created the Collier County Fire Control Municipal Service Taxing Unit, ( hereinafter referred to as the "Collier County Fire Control District"); and ',VHEREAS, the Collier County Fire Control District, as created by Collier County Ordinance No. 84 - 84, as amended, include all of the unincorporated area of Collier County, Florida, that is not included within a dependent or independent fire control district; and WHEREAS, the EAST NAPLES FIRE CONTROL AND RESCUE DISTRICT has the necessary equipment and personnel, as described in fire department response procedures Exhibit "A" attached hereto and incorporated herein, to provide fire control, fire prevention and rescue services to sub-areas of the Collier County Fire Control District; and WHEREAS, certain portions of the Collier County Fire Control District described above requires fire and rescue protection services; and WHEREAS, the parties desire to enter into this Agreement under the authority of the Florida Intergovernmental Cooperation Act of 1969 (as amended), being Chapter 163.01,et. seq., for the purpose of most efficiently providing fire service and rescue service to those geographic areas and parts of the Collier County Fire Control District which are the subject of this Agreement. NOW, THEREFORE, in consideration of the premises and covenants set out herein, and other valuable considerations in hand received this date, each. party from the other, which is hereby acknowledged, the parties hereto agree as follows: 1. The term of this Agreement shall be effective from October 1, 1997 to September 30, 1998, and, thereafter, shall be deemed extended year to year upon the same terms and conditions contained herein. This Agreement may be amended as to its terms and conditions at any time by mutual consent of both parties, through a writing executed with the same formalities as this Agreement by both parties. 2. The EAST NAPLES FIRE CONTROL AND RESCUE DISTRICT agrees to furnish fire and rescue protection services, to a portion of the Collier County Fire Control District. The fire department responses as described in Exhibit "A" shall be deemed to establish the closest station to the response service area. The EAST NAPLES FIRE CONTROL AND RESCUE DISTRICT shall furnish said fire and rescue protection services within a primary zone of coverage within the Collier County Fire Control District, as well as in other backup zones of the Collier County Fire Control District, as required by procedure, or upon the request of the County or of other Collier County Fire Control District contract providers. The Fire Chief shall, in conjunction with other agency fire chiefs servicing the Collier County Fire Control District, forward to the County a map indicating and confirming each agency's primary and secondary response zones within the Collier County Fire Control District. The Fire Chief of the F_.AST NAPLES FIRE CONTROL AND RESCUE DISTRICT and the Chief of the County Department of Emergency Services, or their designee's, shall cooperate to establish and define said primary and backup zones within the Collier County Fire Control District. Said services shall be provided in the same manner, level and priority as the fire protection and rescue services furnished within the regular EAST NAPLES FIRE CONTROL AND RESCUE DISTRICT, taking into consideration the time, distance and resource limitations of the EAST NAPLES FIRE CONTROL AND RESCUE DISTRICT. 3. The COUNTY agrees to pay the EAST NAPLES FIRE CONTROL AND RESCUE DISTRICT for services rendered to a portion of the Collier County Fire Control District pursuant to the requirements of paragraph two above, from taxes collected during Fiscal Year 1997-1998. Payment shall be calculated from the latest tax assessment rolls available May 1't of each year of this Agreement. Available tax revenue is the total amount of taxes available for fire and rescue pr~ I 5EP231997 Attest~ Dated:.~ Fred Johnson, Secretary EAST NAPLES FIRE CONTROL AND RESCUE DISTRICT ~o ,~~hairman BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By:. Timothy J. Hancock Chairman Approved as to form and // / legal sufficiency: ' Heidi Ashton Assistant County Attorney EXHIBIT FIRE DEPARTMENT RESPONSES TYPE OF S, ITUATION FIRST DUE PRIMARY SECOND DUE SHARED UNKNOWN SUBSTANCE EMERGENCY PUMPER RESCUE COMMANDI~ 1 PUMPER 1 COIVi~ANDER HIGH HAZARD BRUSH FIRE SEASON DIVISION OF FORESTRY 2 BRUSH UNTrS OR 1 PUMPER AND 1 BRUSH UNIT 1 COMMANDER 1 COMMANDER OUT OFSEASON DIVISION OF FORESTRY 1 BRUSH UNIT OR 1 PUMPER AND I TANKER 1 COMMANDER NO RESPONSE VEHICLE ACClDENT 1 RESCUE UNIT WITH WATER NO RESPONSE RESCUE CALL RESCUE UNIT NO RESPONSE SMALL VEHICLE FIRE {CAP,, PICK-UP) 1 PUMPER NO RESPONSE LARGE VEHICLEFIRE (TRUCK, RV,$EMIOR UNKNOWN TYPE) PUMPERS 1 PUMPER COMMANDER I COMMANDER REGULAR HOUSE OR TRAILER FIRE (SO. OF SR 84) 2 PUMPERS 1 TANKER 1 COMMANDER 1 COMMANDER AS ABOVE, BUT I BRUSH 1 TANKER NO. OF SR 84 1 PUMPER ¶ COMMANDER 1 COMMANDER COMMERCIAL OR 2 PUMPERS 2 TANKERS LARGE RESIDENTIAL 1 COMMANDER I COMMANDER UNITS MAY BE SUBSTITUTED DUE TO TIME, DISTANCE AND RESOURCE LIMITATIONS OF THE PARTICIPATING AGENCY. COMMANDER: ANY OFFICER THAT HAS AUTHORITY FOR COMMAND. EXECUTIVE SUMMARY AGREEMENT APPROVAL AND ADOPTION OF RESOLUTION AUTHORIZING THE EXECUTION AND ACCEPTANCE OF SAID AGREEMENT BETWEEN THE DEPARTMENT OF COMMUNITY AFFAIRS AND COLLIER COUNTY REGARDING MONIES AVAILABLE IN THE EMERGENCY MANAGEMENT PREPAREDNESS AND ASSISTANCE TRUST FUND ~ That the Board of County Commissioners accept and approve Agreement #98CP-05-09-21-01-011 between the State of Florida Department of' Community Affairs and Collier County for funds that would enhance emergency program activities within Collier County for FY 97-98. That the Board of County Commissioners adopt the attached Resolution indicating Board approval of'the Agreement, authorizing the Chairman to exe~.,ute and accept the Agreement with all understandings and assurances contained therein and to act in connection with the Agreement. ~ This is the fifl. h year that the State of FIorida has made funds available to allow local governments to enhance their emergency management programs. These funds are available as a result of a surcharge of $2.00 for each residential insurance policy and S4.00 for each business policy. The Florida Legislature adopted Rule 9G-19, Florida Administrative Code in January 1994. This Rule enables counties with full-time emergency management directors to receive monies to enhance existing programs by purchasing additional equipment or hiring additional personnel. Each county must develop a 5 year Strategic plan which comprises the Scope of Work for the grant. Funds will be awarded only when all work in the previous year's Scope of Work has been satisfactorily completed. For fiscal year 97-98, the Department of community Affairs has agreed to provide the sum of $I01,936. to Collier County for program enhancements. From this sum, the State Division of Emergency Management will deduct the sum of $6,000. for the maintenance of the Emergency Satellite Communication System (ESATCOM) that is installed in the Emergency Operations Center and the 24 hour Warning Point at the Sheriff's Office Communications Center. In addition, $20,000. Will be rolled-over fi.om this year's agreement for the installation ofwindow protection at Gulf Coast High School. As in past years, monies from this fund cannot be used to supplant existing emergency management programs nor be used to match funds from another program under this Trust Fund. ~_~A_~[~' In FY 98 $95,900 wa~ budgeted for Emergency Management Grm~c funding. Al~o, $20~000 was budgeted Co carry forward fr~n FY 97. Fund: 118 04.iscellnneous Grits Fund) Orgnnization: 144210 R~nue Code: 334250 Project: 33781 W N : None. ~~e..~]~.Q~: That the Board of County Comn~ssioners approve Agreement #98CP-05-09-21-01-011 between the State of Florida Department of Community Affairs and Collier County and adopt the attached Resolution authorizing the execution and acceptance of said AgreemenL S UBM'ITTED Bx~: Date: 4~ xx._Kenneth F. Pine. au, Emergency Management Director REVIEWED BY: ~ Date: ~ k Management Director REVIEWED BY: APPROVED BY: ~.co ~cns, i~pport Services Administrator Date: Robert F. Fernandez, County Administ ,rator RESOLUTION NO. 9?- 'RESOLUTION AUTHORLZING THE EXECUTION AND ACCEPTANCE OF AN AGREEMENT BETWEEN TH£ FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS AND COLLIER COUNTY REGARDING EMERGENCY MANAGEMENT PROGRAM ENHANCEMENTS WREREAS, the State of FloriO, Department of community Affairs has funds available for Collier County to spend for emergency management program enhancements and. subject ot execution o£a Grant Agreement between the State and the County. is authorized Io disburse Grant funds Io Collier Counly, and WHEREAS, Ihe State, by means of proposed Grant Agreement NO. 98CP-05- 09-21-01-011 is agreeing to provide, by means of reimbursement for costs incurred by the County in the safisfaclory performance of that Agreement up to $101,936 O0 for items of performance agreed to in said Agreement; and WItEREAS, the Board of Coumy Commissioners of Collier County agree Ihat performance of the subject Agreement is in thc best interests of Collier County NOW, THEREFORE, BET IT RESOLVED BY THE BOARD OF COUNt' COMMISSIONERS OF COLLIER COUNTY, FLORIDA that the Board approved the Agreement #97CP-0S-09-21-01-011 between the State o£Florida Department of Community Affairs and Collier County as presented to the Board for review, and hereby authorizes the Board's Chairman to execute the Agreement on behalf of Collier County This Resolution adopted after motion, second ~d majority vote in favor of adoption this ~ day o£~~ 1997. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COIvffvlISSIONERS, COLLIER COUNTY. FLORJDA BY: ' Deputy Clerk Approved as 1o form and legal By¸ TU~OTHY L HANCOCK CHAJRMAN Contract Number: 98CP-05-09-21-01-011 GRANT AGKEEMENT THIS AGKEEMENT is entered into by and between the State of Florida, Department of Community Affairs, with headquarters in Tallahassee, Florida (hereinafter r~ferred to as the "Department"), and Collier County, (hereinafter referred to as the "County"). THIS AGREEMENT IS ENTERED INTO BASED ON THE FOLLOWING FACTS: WHEREAS, the Department is authorized, pursuant to Section 252.373, ~]~ and Rule Chapter 9G- 19, ' ' ' ' to disburse funds for emergency management grants to counties; and II. III. IV. ~VI-IEREAS, the County is eligible to receive said funds and agrees to comply with all the requirements of this Agreement and Rule Chapter 9G-19, ' ~ ' . NOW, THEREFORE, the Department and the County do mutually agree as follows: The County shall fully perform the obligations in accordance with the Scope of Work, Attachment A of this Agreement. Funding for performance of the Scope of Work shall be provided in accordance with Attachment F. Both the County and the Department shall be governed by applicable State and Federal laws, rules and regulations, including, but no! limited to, those identified in Attachment B. This Agreement shall begin October 1, 1997 and shall end September 30, 1998, unless terminated earlier in accordance with the provisions of Paragraphs VII. or IX. of this Agreement. Ail requests for reimbursement should be submitted prior to the termination date of the Agreement. However, no requests received after November I, 1998, will be reimbursed from this Agreement. Reimbursement requests shall not be submit'ted by facsimile transmission. Either party may request modification of the provisions of this Agreement. Changes which are mutually agreed upon shall be effective only when reduced to writing, duly signed by each of the panics hereto, and attached to the original of this Agreement. The County shall cor. gtantly monitor its performance under this Agreement to ensure that time schedules are being met, the Scope of Work is being accomplished and other VI. VII. performance goals are being achieved. Such review shall be made for each function or activity set forth in Attachment A to this Agreement, and reported in accordance with Attachment D. Records of such activities shall be created and retained in accordance with Attachment C. The County shall be solely respomible to parties wi~h whom it shall deal in carrying out the lerrns of this Agreement. For purposes of this Agreement, the County agrees that it is not an employee or agent of the DepartmenL NONCOMPLIANCE. REMEDIES. AND TERMINATION A. Ifa County fails to comply with any term or condition applicable to an award under Rule Chapter 9G-! 9 or any term or condition including, but not limited to, federal and s:ate law~, rules and regulations, applicable to any other funding adminislered by the Division, then the Department shall take one or more of the following ac?om, a~ indicated by the attendant circums~nces: 1. temporarily Withhold c~h payments, pending correction of the deficiency, or more severe enforcement action; 2. disallow all or part of the co~ of the activity or action not in compliance; Bo suspend or terminate the award; disallow future participation in the program or funding provided under this rule chapter; 5. recover all funds provided under the current award. Costs of the County resulting from obligations incurred by the County during suspension or after termination of an award ar~ not allowable unless the Department expressly authorizes them in the notice of suspension or termination, or subsequently authorizes them in writing. Other CounVy costs during suspension or after termination which are necessary and not reasonably avoidable may~ in the sole discretion of the Department, be allowable if: 1. the costs result from obligations which were properly incurred by the County before the effective date of the suspension or termination, are not in anticipation of the suspension or termination, and, in the case of termination, are not cancelable, and 2. the costs would be allowable if the award wet: not suspended or expired normally at the end of the period in which the termination occurs. Counties with terminated grants shall remain obligated to provide all required closeout information. · 5£P231997 Pg., ~ VIII. In the event tJ~t =y audit determines that costs reimbursed or othcr~se funded u~ler t~s Agreement should be disallowed, then the County shall return those alisa.flowed funds to the Department. In the alternative, the Department ma),, in its sole discretion, offset the disallowed m'nount again.st any current or future awards to the County from any other grant agreement or contact with the County admin~s'tered by the Depa,'~nenL Actions taken for noncompliance constltu~e fi~al Department action under Chapter 120, ~, as amended, lqotificat~on of such actions shall include notice of admh'~istrative hearing rights"and time fra. m~s. The County shall return funds to the Department if found in non-compliance with laws, rules, or regulations governing the use of the funds or IB2s AgreemenL G. Th~s Agreemem m~ be terminmed by tl'e wfinta mutu~ consea~ of ~ panics. The Department designates $oseph F. Myers, Director, Division of Emergency Marmgement, or his designee, as the Department's Contract Manager. All communications, written or oral, relating to this Agreement shall be directed to him at the following address: Depaztment of Community Affairs Division of Emergency Management 2555 Shumard Oak Boulevard Tallaha~see, Florida 32399-2100 The signer offffis Agreement or hi~/her designee shall be the County's Contract Manager. All commu~cations, written or oral, relating to this Agreement shall be dixected to him/her at the following address: Kenneth F. Pineau · Na · Telephone#:(94) 774-8444 All payments relating to this Agreement sh~ll be mailed to the following addre~: Collier Count Emer enc Maria ement Dept. 3301 East Tamiami Trail ~34112 In the event that different representativ~ ~'e denigrated by either party after execution of this Agreement, notice of the name, title, address and telephone number of the new representative will be rendered ~s provided in Paragraph VIII. A and B above. IX. A. The val{dity of this A/Teement is subject to the truth and accur'~cy of all the information, representations, and msIerials submitled or provided by the County, in this Agreement, in any subsequent submission or response to Depar~ent request, or information, representat~or~, and matemais are m~,a 1~,-,,~ ,~J .-' of accuracy thereof or any material changes shall, at the option of ~ Depariment and with thirty (30) days wrkten notice Io the County, cause ~ terminagon of this A~reement and the release of the Department from all i~ obligations to the County. B. This A~n-eement shall be con.sl~ed under the law~ of the Sta~e of l~lorida, and venue for any action.s si'lain[ out of ~his AITeemen! shall lie in Leon County. If any. ~-~f~rceable, then luch prows~on shall be d~;m~ ........... o~er such conflict, and shall be deemed r~:verable, but shall not invalidate any provision of this Agreement. waiver b the De artment of any right or remedy/;ranted hereunder or failure to C. No ' Y . P ........... ~..u o~r,,t or extend or act as a waiver of insist on strict perlormance oy the ~oumy any other right or remedy of the Dep .a~m. ent..here .tmder,~ o~r afl'ect~?.e,_s_u_b_s, equent exercise oft.he same right or remedy by the L)epanment subsequent default by the County. Any power of approval or disapproval ~ranted to the Department under the terms of this Al~eernent shall survive the terms and life of th~s Agreement as a whole. D. The Agreement may be executed in any number of counterparts, any one of which may be taken as an original. A. The County agrees to maintain financial procedures and support documents, in accordance with generally accepted accounting principles, to account for the receipt and expenditure of funds under this Agreement. B. These records shall be available at all reasonable times for inspection, review, or audit by state personnel and other personnel duly author/zed by the Department. "Reasonable" shall be construed according to circumstznces, but ordinarily shall mean normal business hours of g:00 a.m. to 5:00 p.m., local time, Monday th~-ough Friday. C. County shall also provide the Department with the reCOrds, report~ or financial statements upon request for the purposes of auditing and monitoring the funds awarded under this Agreement. D. The County shall provide the Depa~'tment with an annual financial audit report which meets the requirement~ of Sections 11.45 and 216.349, ~;a~[~, and Chapter 10.550 and 10.600, Rules of the Auditor General, and, to the extent applicable, the Single Audit Act of 191/4, 31 U.S.C. ~. '/501-'/507, O]V[B Circulars A-128 or A-133 for the purposes of auditing and monitoring the funds awarded under this Agreement. The funding for this Agreement was received by the Department as a grant-in-aid appropriation. 4 "' XI. 1. The annual financial audit report shall include all management letters and the County's respome to all findings, includLng corrective actions to be '~ce~. 2. The ~unuzl financial audit report shall include a schedule of t'u~nclal ~ssist,~nce spec~fic~ly identifying all Agreement and gran! revenue by sponsoring Dep~rtment and Agreement number. 3. The complete financial audit repo~ including all items specified in Paragraph X. D. 1. and 2. above, shall be sent directly to: Depaxwnent of Community Aff'aLrs O~ce of Inspector General 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 In the event the audit shows that the entire funds, or any portion thereof, were not spent in accordance with the conditions of this Agreement, the County shall be held liable for reimbursement to the Department of all funds not spent in accordance with these applicable regulations and Agreement provisions within thirty (30) days after the Depa~t~nent has notified the County of such non-compliance. The Coun shall retain all financial records, suppoz~ing documents, any other documents pertinent to th~s Agreement for a period of three records, antntnd ' ' ' yea~s after the date of' submission of the final expenditures report. However, if litigation or an audit has been initiated prior to the exph'ation of the three-year period, the records shall be retained until the litigation or audit findings have been resolved. The County shall have all audits completed by an Independent Certified Public Accountant (ICPA) who shall either be a certified public accountant or a public accountant licensed under Chapter 4'/3, ~. The ICPA sh~l state that the audit complied with the applicable provisions noted above. The audit will be submitted no later than April 30, 1999. A. If the County subcontracts any or all of the work requLred under this Agreement, the County agrees to include in the subcontract that the sulx:ontractor is bound by the terms and conditions of this Agreement with the Depa~nenL B. The County agrees to include in the subcontract a provision that the subcontractor shall hold the Department and County harmless again.,n all claims of':vhatever nan~re arising out of the subcontractor's performance of work under this AgTeement, to the extent allowed and required by law. See Attachment E for a.ny additional terms and conditions pertaining to subcontTaCtS. XII. XIII. The Agreement conta}ns all the terms and conditions agreed upon by the parties. A. All attachment~ to this Agreement are incorporated ~ if set out fully herein. B. In the event of any inconslsiencies or conflict ~ the language of this Agreement srgl the altac~en~ hereto, the language of such att~chment~ shall conu'olling, but only to the ex'tent of ~uch conflict or inconsistency. The County agrees to be bound by the following g~,xlard conditions: modification in accordance with t. nap~cr z,u, B. If otherwise allowed under this Agreement, extension of an Agrccmc~ contractual services shall be in writing for a period not to exceed six (6) mooths and shall be subject to the-same terms and conditions s~I forth in Ibc initial Agreement- There shall be only one extension of the Agrcemcnl unless th~ fal~n'c to meet thc crileria set forth in the Agreement for completion of thc Agrtcrmmt is duc to beyond the control of the County. C. All bills for fees or other compensation for services in detail sufficient for a proper prcaudil and postaudit thereof. D. If otherwise allowed under this Agreement, all bills f~x any trzvcl cxpcmcs shall be submitted in accordance with s. ! 12.061, ~ E. The Depa_~ment reserves the right t0 unilaterally cancel this Agreement for refusal by the Count5' to allow public access to all documcn~ papcr~ material subject to the provisiom of Chapter 119, ~ arxt made or received by the County in con~unction with the Agreement. F. The S~ate of Florida will not intentionally award publicly-funded con~.racis to any contractor who knowingly employs unauthorized alien v~orkers, constituting violation of the employment provisions contained in g U.S.C. Section 1324a(e) 274A(e) of the Immigration and Nationality Act ("INA')]. The Department [Section · ' ' ali of Section 274A(e) of the INA. Such wolat~on by the Reclp~ n ~ ym provisions contained in Section 274A(e) of the INA shall be grounds for unilateral . cancellation of this Agreement by the Department. G. A per, on or aflSliate who ha~ been placed on the convicted vendor Iisi following a conviaion for a public entity crime may no! submit a bid on a contract to provide SEP 2 3 1997 XV. XVI. XVII. rv~ces to a public entity, may not submit a bid on a contract with a any goods or se ' - ..... '-':c buildin" or ,,ublic work may public entity for the cortstruct~on or repatr oTa puoi, b r mit bids on leases of real property to a public entity, may not be lwarded or ;~fSoUr~ work as, contractor, supplier, subcontra~:tor, or consultant under ' contractwith a public entity, and may not transact business with any public entity in excess of Category Two for a period of 36 months from the date of being placed on thc convicted vendor list. No funds or other resources received from the Department in connection with this Agreement may be used directly or indirectly to infltmnc¢ legislation or any otl~r official action by the Florida L~gislature or any state Department. The County certifies with respect to this Agrccmem that it possesses the legal authority to receive the funds to be provided under this Agrecracnt az,,d that, if applicable, its governing body h~s authorized, by resolution or othcvads~ ',he execution and acceptance of this Agreement with all covenants and assurances contained herein. The County also certifies that the undersigned possesses the authority to legally execute and bind County to thc terms of this Agreement. The County acknowledges the completed installation of a Hughes Network Systems, Inc., Personal Earth Station® and related equipment (hereinafte.r 'thc Equtpmen '). The County acknowledges and agrees to comply with applicable terms and conditions of': Hughes Network Systems, Inc. cH'NS '), and the laepmttnrm, ~.~ ,-,,¥,~ v- - from the Department) regarding the procurement and use of the Equipment; and (2) the Services Agreement Between Hughes Network Systems, Inc., and the State of Florida, dated January 1995, (a copy of which is available from the Department) (hereinafter, collectively, "the Iq'NS Agreements') regarding the operation of an interactive satellite communications service for the Department, the County and other sites. In particular, the County agrees: A. That any reports of problems with the Equipment or system, trouble reports, and any requests for repairs, service, maintenance or the like, shall be communicated directly and exclusively to the Department's State Warning Point (SW'P) (904) 413-9910. B. That the County will ~sist and comply with the instructions of the SWP and any technical service representative responding to the report or service re'quest. County personnel shall cooperate with and assist ~ervice representatives, as required, for installation, troubleshooting and fault isolation, with adequate staff. C. That the County shall not change, modify, deinstall, relocate, remove or alter the Equipment, accessories, attachments and related items without the express ;witten approval of the Department. [ $EP231997 Do Fo That the County shall provide access, subject to reasonable security restrictions, to the Equipment and related areas and locations of the County's facilities and premises, and will arrange permitled access to areas ofthJrd-party facilities and premises for the purpose of inspecting the Equipment and performing work related to the Equipment. Service representatives and others performing said work shall comply with the County's reasonable rules and regulation~ for access, provided the Department is promptly furnished with a copy after execution of this Agreement. The County shall provide safe access to the Equipment and will maintain the environment where the Equipment is located in a ~fe and secure condition. The County shall provide service representatives with access to electrical power, water and other utilities, as well as telephone access lo the County facility as required for e~cient service. That the County shall take reasonable steps to secure the Equipment and to protect the Equipment from damage, theft, loss and other hazards. This shall not obligate the County to procure insurance. The Department agrees to procure and maintain all risks insu~.nce coverage on the Equipment. The County agrees to refrain from using or dealing with the Equipment in any manner which is inconsistent with the H]qS Agreements, any policy of insurance referred to in the I-iNS Agreements, any applicable laws, codes ordinances or regulations. The County shall not allow the Equipment to be misused, abused, wasted, or allowed to deteriorate, except normal wear and tear resulting from its intended use. The County shall immediately report any damage, loss, trouble, service interruption, accident or other problem related to the Equipment to the SWP, and shall comply with reasonable instructions issued thereafter. That any software supplied in connection with the use or installation of the equipment is subject to proprietary right~ of Hughes Net'work Systems, Inc., and/or H'NS's vendor(s) and/or the Department's vendor(s). The use of one copy of said sol, are is subject to a license granted from HNS to the Department, and a sublicense from the Department to the County, to use the softwa, re solely in the operation of the Equipment, to commence on delivery of the soft%yarc to the County and to last for the term of the HNS Agreements. The County shall not: (i) copy or duplicate, or permit anyone else to copy or duplicate, any part of the software, or (ii) create or attempt to create, or permit others to create or attempt to create, by reverse engineering or otherwise, the source programs or any part thereof from the object programs or from other information provided in connection with the Equipment. The County shall not, directly or indirectly, sell, transfer, offer, disclose, lease, or license the soft'ware to any third party. To comply with these provisions for a period of sixty-seven ({57) months from the date of installation of the Equipment, or the termination of the h"NS Agreements, whichever occurs first. ~ The'amounts retained for the satellite service cover the initial order for services provided to the Department pursuant to the services agreement between Hughes Network Systems and the State of Florida. The charge does not cover maintenance, repair, additional equipment and other services not part of the initial order for services. The service charge covers only the remote corrective maintenance specified in paragraph 4.3 of the Service Agreement with ]-{'NS and does not cover XVIII. other maintenance, repair, additional equipment and other services not part of the initial order for services. In particular, the service charge does not cover: Maintenance,,~'epair, or replacement ofpa. rt~ damaged or lost through catastrophe, accident, lightning, theft, misuse, fault or negligence of the County or causes external to the Equipment, such as, but not limited to, failure of, or faulty, electrical power or air conditioning, operator error, failure or malfunction of data communication Equipment not provided to the County by the Department under this Agreement, or from any cause other than intended and ordinary use. Changes, modifications, or alterations in or to the Equipment other than approved upgrades and configuration changes. Deimtallation, relocation, or removal of the Equipment or any accessories, attachments or other devices. The County shall be independently responsible for any and all charges not part of the initial service order. By its execution of this Agreement, the County authorizes the Department to deduct the appropriate costs of the recurring charges for the satellite communications Equipment from the allocation provided to County under Rule 9G-19.005(3), ' · ' · . The deduction is $500 per montfi for e, velve months (S6,000/year). In the event the County desires to continue use of the Natibnal Warning System (NAWAS) line, then the County shall assume all operational and fiscal responsibility for the NAWAS line and equipment in the County. Wrinen approval from the Director of the Division of Emergency Management must be obtained prior to the purcha.~e of any motor vehicle with funds provided under this Agreement. In the absence of such approval, the Department will have no obligation to honor such reimbursement request. By its execution of this Agreement, the County certifies that it is currently in full compliance with the Rule Chapters 9(3-6, 9G-7, 9G-I I, and 9G-19, ~, (~hapter 252, F~ and appropriate administrative rules and regulation~ that guide the emergency management program and associated activities. The County certifies that funds received from the Emergency Management, Preparedness and Assistance Trust Fund will not be used to supplant existing funds, nor will funds from one program under the Trust Fund be used to match funds received from another program under the Tru~ Fund. By its signature below, the County reat~rrns its c~n~cation to onploy and maintain a full- time Director consistent with Section 9G-19.002(6), ' ~ ' IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their underfigned officials as duly authorized. FOR. THE COUNTY: COLLIER COUNTY FOR. THE DEPARTMENT: STATE OF FLORIDA DEPAKTMENT OF COMMUNITY AFFAIRS: BY: Authorized County Official TIMOTHY L. HANCOCK, CHAIKMAN Name/Title Date: BY: Datel Aut~ri=d Department O~cial N~rne.rI'hle Federal Employer ID Number DWIGHT E. BROCK, CLERK BY: (Att~Lng Signature) D~puty Clerk Approved as to ~orm and Legal Sufficiency Atlom~ 10 Attac~tment A Base Grant funding from the Emergency Management, Preparedness and Assistance Trust Fund is intended to enhance county emergency management plans and programs that are consistent w~th the State Comprehensive Emergency Management Plan and Program (reference Rule Chapters 9G-6 and 7, F.A.C. and Chapter 252, F.5.~. This Scope of Work recognLzes that each county is at a varying level of preparedness, and it is understood that each county has a unique geography, faces unique t.~reats and hazards and serves a unique population. In order to receive base grant ~nding, each county must certify thal it w~ll use the award to enhance its Emergency Management Program, As a condition of receiving funding pursuant to this Agreement, the County shall complete the work items that fall between October 1, ii)i)? and September 30, 1998, listed in the mosl recently revised Five-year Strategic Plan, as approved by the Department. The revised Five-year Strategic Plan is attached hereto as Attachment A-1. Subsequent revisions during the term o£this Agreement shall be those submitted by the County and approved, in writing, by the Department. 11 2. 3. 4. 5. 6. 7. 8. Attachment B Chapter 252, ~ Kale Chapters 9G-6, 9G-?, 90-11, and 9G-19, ' ~ ' OMB Circular Chapttr 119, Chapter 60A- 1, ' ~ ' The Robert T. Stafford Disaster Relief and Assistance Act (42 USC $121 et s~q) 44 .~ parts 7, 9, 13 and 206 12 Attackmcnt C A. If applicable, County's performance under this Agreement shall be subject to OMB Circular No. A-102, "Uniform Administrative Requirements for State and Local Governments" or OMB Circular No. A-110, "Grants and Agreements with Inslitutlons of High Education, Hospitsls, ~ Other Nonprofit Orpniz~flons," and either OMB Circular No. A-g7, "Cost Principles for State and Local Governments," OMB Circular No. A-21, "Cost Principles for Educational Iragtutions," or OMB Circular No. A-122, "Cost Principles for Nonprofit Organizatiom." B. All origirml records pertinent to this Agreement shall be retained by the County for three years following the date of termination of this Agreement or of submission of the fmc! close-out report, whichever is later, with the following exceptions: I. If any litigation, claim or audit is ~arted before the expiration ofthe three year period and extends beyond the three year period, the records will be maintained until all litigation, claims or audit findings involving the records have been resolved. 2. Records for the disposition of non-expendable personal property valued at $1,000 or more at the time of acquisition shall be retained for three years after final disposition. 3. Records relating to real property acquisition shall be retained for three years after closing of title. · C. All records, including supporting documentation of all pro'gram costs, shall be suffkient to determine compliance with the requirements and objectives of the Scope of Work, Anachments A and A-l, and all other applicable laws and regulations. D. The County, its employees or agents, including all subcontractors or consultants to be paid from funds provided under this Agreement, shall allow access to its records at reasonable times to the Department, its employees, and agents. "Reasonable" shall be construed according to the circumstances but ordinarily shall mean during normal business hours of g:00 a.m. to 5:00 p.m., loc. al time, on Monday through Friday. "Agents" shall include, but not be limited to, auditors retained by the Department. 13 Co Eo Fo Att~ch~nent D The County shall provide the Department with quarterly financial reports, semi-annual summary progress reports prepared in conjunction with the Department's Area Coordinator, and a final close-out report, all in a format to be provided by the Department Quarterly reports shall begin with the first quarter of the county fiscal year, are due to the Department no later than thirty (30) days after the end of each quarter of the program year;, and shall continue to be submitted each quarter until submission of the final close-out reporL The ending dates for each quarter of this program year are December 31, March 31, June 30 and September 30. The final close-out report is due forty-five (45) days after termination of this AgreemenL In addition to the above, in order to ensure compliance with Rule 9G-19.011, historical budgetary information relating to the County Emergency Management Program Will also be required. This information shall be developed based on guidelines provided by the Department and shall be submitted to the Department no later than March 1, 1998. A proposed budget summary describing planned expenditure of funds provided under this Agreement toward the completion of items detailed in Attach~nents A and A-1 shall be submitted to the Department in a format provided by the Department not later than December 31, 1997. If all required reports, budget summary and budgetary information prescribed above are not provided to the Department or are not completed in a manner acceptable to the Department, the Department may Withhold further payments until they are completed or may take such other action as set forth in Paragraphs VII. and IX., and Rule 9G-19.014, ~ "Acceptable to the Department" means that the work product was completed in accordance with generally accepted principles, guidelines and applicable law, and is consistent with the Scope of Work. Upon reasonable notice, the County shall provide such additional program updates or information as may be required by the Department. All report formats provided by the Department shall be made available to the County by request on e]ectronic disk. · 14 Ao Attachment E Subcontracts entered into by a County in connection with any portion of the Scope of Work sh~li contain all terms of the County's Agr~emen! with the Del:~rtment. The County sh~ll send a copy of' any subcontracts entered into in connection with imp]emcntin~ ~ Scope of Work to the Department with~ 30 days a_F~cr thei~ effective dates. The County s~ll not awn.rd subgr~t~ using funds awarded pursuant to this Agreement. The County shall comply with all applicable procurement rules and regulations in securing goods md ~ervices to implement the Scope of Work. Wherever required by law or otherwise permitted, the County sh~ll utilize competitive procurement practices. Allowable co~ shall be determined in accordance with Office of Management and Budget Circular A-g7. ]5 Ao Bo Co Attacl~nent F This is a cost-reimbursement Agreement,. The County shall be reimbursed for costs incun'ed in the satisfactory performance of work hereunder in an amount not to exceed $115,936 subject to the availability of funds from the Department. The amount of fi.unds available pursuant to this rule chapter may be adjusted proportionally when necessary to meet any matching requirements imposed as a condition of receiving federal disaster relief assistance or planning funds. Funds received from the Emergency Management, Preparedness and Assistance Trust Fund may not be used to supplant existing funds, nor shall funds from one program under the Trust Fund be used to match funds received from another program under the Trust Fund. Included in ti'Lis Agreement is S20,000 carried forward from the County's FY 1996-97 Emergency Management, Preparedness and Assistance Base Grant Agreement for expenditure in FY 1997-98. All terms and conditions contained in this Agreement relating to the use ofthe initial FY 199'/-98 allocation of funds a~ fully applicable to the carded forward funds. Said carried forward funds from FY 1996-97 may not be used in the calculation ofeligible funds to be carried forward into FY 1998-99 as detailed in this Agreement, Attachment F, Section H. Any advance payment under this Agreement is subject to s. 216.181(14), Up to twenty-five (25) percent of an award may be advanced. If an advance payment is requested, the budget data on which the request is based and a justification letter shall be submitted. The letter will specify the amount of advance payment needed and provide an explanation of the necessity for and proposed use of these funds° Indicate below which method ofpaymem is preferred: No advance payment is requested; payment will be made solely on a reimbursement basis. o An advance payment of $ is requested; balance of payments will be made on a reimbursement basis. ~ (Justification letter must be provided; advanced funds may not exceed 25e/. of total eligible award) After the initial advance, if any, any further payments shall be made on a quarterly reimbursement basis. Additional reimbursement requem in excess of those made quarterly may be approved by the Department for exceptional circumstances. An explanation of the exceptional circumstances must accompany the request for reimbursement. The County 16 Go Ho agrees to expend funds in accordance with the Scope of Work, Attachments A and A-I of this Agreement. Ail funds received hereunder shall be placed in an interest-bearing account with a separate account code for tracking all deposits, expenditures and interest earned. Funds disbursed to the County by the Department that are not expended in implementing this program shall be returned to the Department, along with any interest earned on all funds received under this Agreement, within ninety (90) days of the expiration of the award Agreement. The County shall comply with all applicable procurement rules and regulations in securing goods and services to implement the Scope of Work. Allowable costs shall be determined in accordance with applicable O~ce of Management and Buclge~ Cicculars, or, in the event no circular applies, by 48 CFR Part 31 CONTRACT COST PRi'NCIPLES AND PROCEDURES. At a minimum, the County shall continue to provide other funding for the County Emergency Management Department at an amount equal to either: (I) the average of the previous three years' level of county general revenue funding of the County Emergency Management Department; or (2) the level of funding for the County Emergency Management Department for the la.st fiscal year, whichever figure is lower. Count), general revenue funding for 911 services, emergency medical services, law enforcement, criminal justice, public works or other services outside the Emergency Management Department as defined by Section 252.38, ~, shall not be included in determining the "level of county funding of the County Emergency Management Department." The County shall certify compliance with this rule chapter and this rule by its execution of this Agreement, and as a condition precedent to receipt of funding. Should the County wish to carry forward, into the fiscal )'ear beginning October 1, 1998, any unspent funds awarded under this Agreement, the County must request such carry forward of funds in writing to the Department by July 3 I, 1998. This request must include a detailed explanation and justification for the request and may not exceed an amount equal to 25% of the total amount awarded under this Agreement less the funds, if any, ca. ed forward in the initial FY 1997-98 Agreement from the FY 1996-97 Base Grant Agreement. Failure to timely submit information, or failure to submit complete information, may result in the denial of a request to carry funds forward. Any carry forward amounts approved will be added to the County's following year's base Agreement. 17 i sE,, EXECUTIVE SUMMARY AWARD BID NO. 97-2688 FOR THE PURCHASE OF MEDICAL EQUIPMENT FOR THE EMERGENCY MEDICAL SERVICES DEPARTMENT. ~ To procure medical equipment in a cost effective manner through the award and use of term purchase order contracts. C_~ On July 24, 1997 the Collier County Purchasing Department sent bid invitation notices to (32) thirty-two vendors for the purchase of (64) sixty- four medical equipment items. On August 13, 1997 bids were publicly tabulated. In evaluating the bids, EM~ staff contacted the apparent Iow bidders to verify compliance with the published specifications. In order to maximize the best prices available, EMS staff recommends award of the bid on a line by line basis to the lowest responsive bidder for each item. It is further recommended that the entire bid offerings of each responsive bidder be accepted as secondary suppliers to be utilized in the event of the inability of the lowest responsive bidder to furnish equipment as needed. In such a situation, the next lowest bidder would be contacted, and then the next lowest bidder and so on until needed products could be obtained. (This would provide a means of addressing possible regional shortages of equipment during an unforeseeable circumstances.) Attached is the list of the recommended primary awardees (Attachment A). FISCAL IMPACT:~ 98 t:,~r, ed funds for these purchases are approximately $12,000.00 and will in.ease each year as the volume of EMS services increases. Funds for these purchases are appropriated in Fund (490) 144610- 652930. GROWTH MANAGEMENT[. None Diane B. Flagg, Director Emergency Services Department ~MMENDATION: That the Board of County Commission award Bid No. 97- 2688 to the vendors as recommended herein for the purchase of medical equipment for the Emergency _Services Department. Prepared by:~ Date: ~ ~.The~e.Ortengren ECommander ,%.%rten en. Comr Steve Carnell, Purchasing/General Services Director / I · 2' SEP 2 3 t997 I EMERGENCY MEDICAL SERVICES BID # 9%2685 AWARD LIST ATTACHMENT A 5. LSP #233 Cormant flow ~elector valve 6. Oxygen DISS male connector 1/~" NPT male 9. Ohio Diamond HI QC oxygen 1/8" N'PT male 17. Reeves stretcher 18. Stif~eck Extrication Collars (all sizes), and carrying case 27. Aluminum Oxygen Tank w/toggle 39. Wire ladder splint 40. Center punch 58. W'dl,~n 2000 Hepa Respirator (~I1 sizes) 59. Respirator wipes 22. Adult B/P cuff 23. Child B/P cuff 24. Large Adult B/P cuff 28. Adult CPR bag 29. Child CPR bag 30. Infant CPR bag 31 Nitrous Oxide Unit 45. Infant B/P cuff outh rn E ui en 11. Pro-Lite Backboard, no pins 13~ KED 14. Stair Chair 20. Scoop ~tretcher 37. IV Pressure infuser 25. Adult stethoscope 41. EM'r scissors 42. Adult magill forceps 43. Ring cutter APPROVAL OF BUDGET AM~ENDM:ENTS BCC Agenda of 9/23/97 Open, ting Expenses Re~n-v~ Total MS'ID Road District #1(102) Budget Amendment 97=442 $9,750 MSTD Road Dbtrtct #3 (104) Budget Amendment 97-44.3 Operating Expons~s Reserves $9,750 Total 0 Orf~;ina] streetlight design work was scheduled to commence in FY 97/98 and was provided in FY 97/98 Budget. To wait until O.:tobez I" to commence design work would co~ both the County and Contractor additional money based on F'DOT specifi3tions and requests made to the Contractor. Street light design work is cormection with widening of US4] from Davis to Airport Rd. Capital Outlay Operating Expenses Total General Fund (00l) Budget Amendment 97-452 (.~9,900) To covet shortages in the Pm'ks maintenance Community Development (113) Budget Amendment 97-454 ~ Revi~rw ' ' . Operating Expenses (634999-other corm'actual services) Operating Expenses (64-4100-rem-buildings) Total S3,500 An Office Assistant I1 was temporarily assigned to work as a building inspector until the end ofthe Additional funds are needed in other contractual services for the use ora temporary employee lo hm Assistant Irs duties in the records room until September 30*. General Fund (001) Budget Amendment 97-46? Personal Services (513100 - other salaries and wages) Personal Services (512100 - regulm' salaries) Total ($6,0OO) Unusual number of sick, family and bereavemen! for additional mff'm.~ leaves resulted in unexpected regular payroll and overtime costs AGENDA ITEM SEP 2 3 1997 Pgo____.~_~ EXECUTIVE SUblMARY LINE ITEM TRANSFER REQUEST FROM NORTH NAPLES LITTLE LEAGUE FOR THE FIVF_~EVENT WEEKEND, SPECIAL EVENTS TOURIST DEVELOPMENT FUNDS, oILrKCFIVE: To approve a line item trtmfer request from the North Naples Little League for the five-event weekend, Tourist Development funds, Special Events. CONSIDERATIONS: The North Naples Little League has requested some line item changes to the $12,000 allocated for a five event weekend. Requested changes include: Li~e i~n Budget Requested change Umpires & Refere~ $4,200 (combine with staff) StaffEvent Weekend 2,500 6,700 Band (change to Party) 1,275 1,275. Licensing Fcc 1,000 1,000 Police i,000 465 StatTMea~s 750 495 Field Usage 600 285 Cone Rental 300 300 Transportation 375 750 Postage 125 Printing 160 Insurance 445 The requested line item changes are within the original total budget submitled to the Tourist Development Council. FISCAL IMPACT: Tra~fer requests do not exceed the original $12,000 allocation. GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: Board of County Commissioners approve line item changes and authorize Chairman to sign contract amendment reflecting the changes. Reivewed by:. Michael Smykowski, OM~B Director 'Date: AC, Eh~ rrF.~ SEP 2 3 EXECUTIVE SUMMARY LINE ITEM TRANSFER FOR THE MARCO ISLAND SPORTS FESTIVAL, TOURIST DEVELOPMENT FUNDS, SPECIAL EVENTS OBa-E~: To approve a line item transfer for the Marco Island Sports Festival, Tourist Development funds, Special Events CONSIDERATIONS: The Marco YMCA has requested a line item transfer for funds allocated to the Marco Island Sports Festival. The request is for $648 from payroll taxes and $1,239 from telephones be transferred to the promotional account. Additionally the Marco YMCA is requesting $1,294,50 previously paid to the Y from tourist funds for promotional jackets be used for other promotional activities. These two requests are attached. The requested line item changes are within the original total budget submitted to the Tourist Development Council. FISCAL IMI~ACT: Transfer requests do not exceed the original $120,000 allocation. GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: Board of County Commissioners approve line item changes and authorize Chairman to sign contract amendment reflecting the change. Prepared by:~.2~~ /f Jean Gansel, Budget Analyst Reviewed by: Michael Smykowski. OMB Director Date:~ Date: AGENDA ITE./~: SEP 2 3 1997 pg..___._. I FESTIVAL Office of the Director P.O. BOX 1384. MARCO ISLAND, FLORIDA. 34146 PHONE (941) 6424484. FAX (941) 394-~833 September 3, 1997 Ms. Jean Gansel Budget Analyst Collier County Dear Jean, As per our telephone conversation... I. We have received a refund of $1294.50 that was designated in our promotion budget line bom Richards. This allocation I originally planned to utilize for the purchase of promotional jackets. I changed my mind on the purchase as I thought it was too personal an i~em. The funds have been deposited by the YMCA in the Sports Festival bank account and as we agreed will remain there pending your You are in receipt of a letter of Au8. 21 from Commissioner Hancock regarding my request to transfer funds fi'om the telephone line mxt the payroll tax line into the promotion line. Enclosed is a copy of my letter ofAugust 6 stating that request. With the above mentioned refxmd I would like to add that amount to be placed back into the TDC promotion budget bringing the total to $3180.50. I am available at your convenience to answer any questions and I appreciate the effort I am musing by this request. I hope you undema~ that I am axtempting to utilize all TDC funds avai~ble and in that effort I am directing i~ towards the promotiorml expenses to put on the event. We look forward to the '98 criteria which establish only a promotion budget line. Should you require the refund to be forwarded haa~llately please comact me and I will have the YMCA make the transaction. Sincerely yours, David Rice, Volunteer Director Spom~ By The YMCA I Funded la Part By Collier Comfy To~ Dt, veiopn No., I~q SEP 2 3 1~7 p~._ ~- FE5TIVAL Office of the Director P.O. BOX 13g4 · MARCO ISLAND, FLORIDA · 34146 PHONE (941) 642-1484 · FAX (941) 394-8833 Mt. Timothy Hancock Chainm~ Board of County Corm'ti~ioners 330] Eaxt TamiamJ Trail Naples, lq. Augu.~ 6, 1997 Dear Mr. Hancock, As the volunteer director of the Marco Island Sport~ Festival, I have had the opportunity to work i~ith many facets of CoRier County Government. The cooperation, in~eres~, and assistance I have received waz outstanding. I have personally communicated my thanks to all involved via leners. Spreading the word for a "job well done" is too often overlooked the~e days. The TDC procedures are workable and in my experience, only need fine tuning in the area of more timely attention to payment. In too many cases, w~ wer~ not able to liv~ up to our word to pay vendors in the time fran~ we wer~ tokl. This is undo hatdshi~ the vendors who ate providing non-profi~ groups with the iowe~ prices pom'ble. It is also not good for the busines~ image of our coumy. The consolidmion of funding for 1998, eliminating the need for numerous budge~ lines should add to the efficien~ of the s~em. I am reque~ing council consideration to allow me to transfer funds tha~ 1 did not spend in two of our line item budgets. I Im~pose the ~ of $648.00 from our payroll tax line and $1240.00 from our telc'~hone line into the promotion budgel line. My justification is that the Fromotion of the evem is ~ mo~ importam line hem and our mo~ worthwhile expenditure. 1 thar~ you for your consideration to this r~ue~. The final report has been completed for some time Nn w~ a~ s~ill awaiting a final payment fi.om the county which will complete our financial rt"~rl. I have been informed that this completion oft~tions will occur the week ofAugtm 1 lth. This will enable the report to be_ finalized and presemed to the council in a timely I look forwatd to hearing from you at your earli~ convm-,.ience. Sincerely yom, David P,3ce Volunteer Director AGENDA ITEM SEP 2 3 1997 Pg.___.~ ~ Sponsored By The YMCA I Funded In Part By Collier County Tourist Development Council EXECUTIVE SUMMARY APPROVE BUDGET AMENDMENT FOR $29,975.33 FOR BROCItURES FOR ADVERTISING AND PROMOTION TOURIST DEVELOPMENT FUNDS OBJECTIVE: To approve a budget amendment for $29,975.33 for brochures for advertising and proraotion, Tourist Development funds. CONSIDERATIONS: On May 13, 1997, the Board of County Commissioners ~pproved consolidation of the remaining balances on prior contracts with the Naples Area Chan~ber of'Commerce and the Naples Area Accommodations Association with the 1997 advertising and promotion allocation. $29,975.33 for brochures was remaining on the contract with the Collier County Tourism Committee. This brochure budget was included in the contract approved by the Board at the May 13, 1997 meeting, however the purchase order with the remaining $29,975.33 was inadvertently closed and funds reverted to fund balance. A budget amendment will appropriate the previously allocated funds to the 1997 contract. FISCAL IMPACT: Funds are available in the Tourist Development, Advertising and Promotion reserves. GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: Board a approve budget amendment of $29,975.33 from reserves in Advertising and Promotion Tourist Development funds to the Naples Area Accommodation Association for brochures. Prepared ~/ Jean Gansel, B-'~get Analyst Reviewed by: Michael Smykowski, OMB D/rector Date: '? / 7' -T--?---- Date: AGENDA ITEM SEP 2 3 997 pg. BOARD OF COISNTY COMMISSIONERS MISCELLANEOUS CORRESPONDENCE SEPTEMBER 23, 1997 Collier Soil & Water Conservation District - proposed budget for fiscal year ended Septemb~ 30, 1998. South Florida Water Management District - Minutes of August 13, 10:30 a.m., Augu~ 14, 8:30 a.m. and agendas of September 10, 9:00 a.m. & 5:15 a.m., September 1 I, 8:30 a.m. Ao Collier County Airport Authority - Minutes of May 19, 1997 and agenda of Augus~ 28, August I 1, September 15, 1997. Referred to BCC. Historical & Archaeological Preservation Board - Minutes of Auguet 8, 1997. Referred to BCC. City of Naples - Minutes of June 26 & August 7, 1997 and agendas of August 7 & September 1 I, 1997. Referred to BCC. Code Enforcement Board - Minutes and agendas of June 26 & July 24, 1997. Referred to BCC. Emergency Medical Service Advisory Council - Minutes of August 26, 1997. Referred to BCC. Environmental Advisory Board - Agenda of September 3, 1997. Refoa-ed to BCC. Environmental Policy Tcchnical Advisory Board - Agendas of September g & 11, 1997. Referred to BCC. Ho Golden Gate Beautification Advisory Committee - Minutes of July 8 & August 12, 1997 and agendas of Augusl 12 & September 9, 1997. Referred to BCC. Golden Gate Estates Land Trust Committee - Minutes of June 23, 1997. Referred to BCC. AGE. ND.~A ~.TEI~ 5EP 2 3 Pg ..._~..~ Ko Historical/Archaeological Preservation Board - Agenda of September 12, 1997. l~:ferr~ to BCC. Lake Trafford Restoration Trak Force - Minutes of July 11, 1997 and agenda of August 15, 1997. Referred to BCC. Lely Golf Estates Beautification Advisory Committee - Minutes of August 8, 1997 and agenda for October 10, 1997. Referred to BCC. Marco Island Beach Renourishment Advisory Commirtee - Minutes of Augu~ 6, 1997 and agendas of August 6 & September 10, 1997. Referred to BCC. Parks & Recreation Advisory Board - Minutes of July 30, 1997 and agenda of August 27, 1997. Referred to BCC. Pathway Advisory Committee - Minutes of July 15, 1997 and agenda of August 29, 1997. Referred to BCC. Pelican Bay MSTBU Advisory Committee - Minutes of July 2, July 16, August 6, 1997 and agendas of August 6 & September 3, 1997. Referred to BCC. Planning Commission - Minutes of July 3, 17, & August 7, 1997 and agendas of August 7, 21 and September 4, 1997. Referred to BCC. Public Health Advisory Board - Meeting notice of October 13, 1997. Public Vehicle Advisory Committee - Minutes & agendr..s of July 2, June 4, May 7, April 2 & March 5, 1997. Referred to BCC. Water and Wastewater Authority - Minutes of June 30 & July 28, 1997. Referred to BCC. Amended Certificate of the Collier County Canvassinl~ Board for the Marco Island Incorporation Mall Ballot Election. SEP 23 ; RECOMMENDATION THAT THE BOARD APPROVE A BUEGET AMENDMENT IN THE AMOUNT OF I;23,560 TO COVER THE INCREASE Eq THE FY-97 TAX INCREMENT PAYMENT TO THE NAPLES COMMUNITY I:;EDEVELOPMENT AGENCY. ~: That the Board of Coumy Commissioners, Ex-Officio the Governing Board of Collier County, Florida, approve a budget amendment in the amoum of S23,560 to cover the increase in the FY-97 payment to the Naples Community Redevelopmem Agency. The payment occurs pursuarrt to F.S. 163.387 and City Ordinance No. 94 -7205, adopted on June 1, 1994, by the City of Naples. ~: City Ordinance No. 94 -7205 established and provided funding for a redevelopment trust fund pursuant to F.S. 163.387, with the purpose of financing .community development within the Naples Community Redevelopment Area. The tax Increment payment to the Naples Community Redevelopment Agency is calculated by multiplying ninety-five percent (95%) of the excess assessed value of the redevelopment area over the 1993 base assessed value by the County's millage rate. The budget forecast for FY-97 was based on an estimated assessed value. Due to improvements to real estate within the Naples Community Redevelopment Area, assessed values outpaced estimates, resulting in an increase in the payment made to Naples Community Redevelopment Agency. .~---~1~: A budget amendment transferring funds in the amount of $23,560 from reserve for contingencies (001-919010-991000) :o remittances to other governments (001-013010-881300) will need to be approved. R W N : None. ~: The Clerk's Finance Department staff'recommends that the Board of County Commissioners, Ex-Officio the Governing Board of Collier County, Florida, approve the attached 1;23,560 budget amendment to increase the budget for the tax increment payment to Naples Community Redevelopment Agency made in accordance with F.S. 163.387 and City Ordinance No. 94 -7205. PREPA~ BY: ~ ?_~ 'ffl'k'~l°hnssen, G~nera~Accounting Manager/~ APPROVED BY: ~ ..Z~. / ~ Director/ClTc-r~ ~o t~e ~ d S£P 2 3 m TlTLE (FUND NO.) For Budget/~..nance Usa Od../ BA# JE~¢ EAR, ~ A.P.H. Da;e TO BCC Y55 NO ~proved, ECG Agenda Ca~e: ~ EX~ENDrT;URE A,-ta ch F_x~ cudve Pr~e'=No. CURRENT £~ASEO s $ $ $ No. __="C:=ND , R" ~ = To~ ' $~ .=::jet T~,:. INCREASE $ S CURRE,~FT RE'ASED $ S S S S Tc~JS~ R V N E D - T TAI Ceme~' T~Je REVENUE C-cs: CJnlJr No. Tc~ INCREASE $ CURRENT $~ $ P.':ie= Nc. ,=.=-"VISED ~UCGET $ A,~E ~_hm, tTrM RECOMMENDATION THAT THE BOARD OF COUNTY COMMISSIONERS APPROPRIATE ADDITIONAL FUNDING FOR PUBLIC GUARDIANSHIP ACCOUNT. DtLIECT. i..~ To transfer matching funds from General Fund to Public Guardianship fund for fiscal year 1996 as required by Public Guardianship Ordinance. ~: Public Guardianship fund was established to provide a guardian for those individuals deemed indigent by suttute so they may have someone to look after their business affairs and provide them with a guardian as far as medical and living quarters requirements are concerned. The Public Guardian Program was established here in Collier County by ordinance and amended in 1997. Pan of this ordinance requires that the County match the fees collected as a filing fee charge that is added on to the civil filings through the Clerks Office, that amount of $22,319.00 was never paid to the Public Guardianship account. It appears the mon~es were errantly returned to the general fund at the end ofthe last fiscal year. In order to bring Collier County in compliance with its own ordinance and to provide the necessary funding to continue the operation of the Public Guardianship Program we are seeking the $22,319.00. ~ The County had budgeted $30,000.00 for fiscal 3'ear 1995-96. That entire amount was accidentally or improperly returned to the County's general fund therefore, we are seeking the correct amount of $22,319.00 be placed in the Public Guardianship account. A budget amendment from General Fund reserves is required. ]~QQ2~: The Board of County Commissioners approve this request and advise the appropriate authorities to transfer the amount of $22,319.00 to the Public Guardianship account that is administered by the office of Court Administrator of the 20~ Judicial Circuit and approved budget amendment. Submitted by: Mark Middlebrook Senior Deputy Court Administrator Date