The URL can be used to link to this page

Agenda 07/22/1997 R COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA July 22, 1997 9:00 A.M. NOTICE: ALL PERSONS WL~HI~G TO SPEAK ON ANY AGENDA ITEM MUST REGISTER PRIOR FO SPriG. REQUESTS TO ADDRESS THE BOARD ON SUBJECTS WHICH ARE NOT ON THIS AGENDA MUST bE SU'BMfTTI~D IH %VRITING WITH EXPLANATION TO THE COUNTY ADMINISTRATOR AT LEAST 13 DAYS PRIOR TO .THE DATE OF THE MEETING AND WILL BE HEARD UNDER ~PUBUC PETITIONS". ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THiS BOARD M/ILL NEED A RECORD OF THE PROCEEDINGS PERTAfNING ~E~O, ~D ~FORE ~y NEED ~ ENSU~ ~T A ~A~ ~CO~ OF ~E PRO~ED~GS ~ ~ ~I~ ~O~ ~~ '~g ~'~O~ ~D K~ENCE ~N WHICH ~E ~ ~ TO BE B~ED. '~ ~G~D PUBLIC SP~KE~ ~L ~t ~D TO ~ {~ M~ UNL~ PEri. ION FOR ~D~ONAL T~E ~ G~D BY ~ ~. ~T~D ~'~N~G DE~ FOR ~E H~G ~D A~ AVA~LE ~ ~ COU~ COMM~IGNK~' OFFIC~ LUNCH RECESS SCHEDULED FOR 12:00 NOON TO 1.'O(} P.M. INVOCATION PLEDGE OF ALLEGIANCE APPROVAL OF AGENDA AND CONSENT AGENDA APPROVAL OF MINUTES A. June I0, 1997 - Regular M~tln~ June 17, 1997- Regular Meeting. C. June 18, 1997 -Budgct Work~hop. D. June 19, 1997 - Budget Workshop. June 23, 1997 - Budgc~ Workshop. July 22, 1997 F. J~:ne 24, 1997 - Reg~:lar Mectln~ PROCL.AbL4.T1ONS AJ'iD SERVICE AWARDS PROCLAMATIONS B. S£RVIC£ AWARDS Pabgo SalJnas - Park~ & Recreatio~ - 20 .year~. ^Jt~ert Co~ptoa - Building Rev~ & Permitting - I0 )'r. ars Richard Noonan - Building 1~..~4ew & Permitting - 10 ye:~rs Ramiro Ponce - Road & Bridge - 10 years 5) Judith Radl - Social Services - 10 yea~, C. PRESENTATIONS. 1) Rocornm¢~datio~ lo recognize Roy Lcfii, T~eet M;tnagement, Facilltie~ 'Mrs~agemen~ Dep~rtr, xcnt, Support .~rvicex Division, a~ Employee or the Month for ~t]ly 1~7. A~PROVAL OF CLERK'S REPORT A24ALYSIS OF CHANGES TO RESERVES FOR CONTINGENCIES. PUBLIC PETITIONS COUNTY ADMLNISTRATOR,$ REPORT COMMUNITf DEVELOPMENT & ENV-/RONMENTAL SERVICES 1) Approval for Collier Co~oiy's ~pon~or~ip of ISTEA Transpocra6on Eahanctment~ PUBLIC WORKS I) Rccommcnc~ ~ha! thc B~rd ot Ca~mty Comml~oncr~ ~dop~ ~ Rc~olut~ aad approve an Intertocal Agreemen! between the C~ty of Everglade~ and Collier County. 2) Approve ac~di¢io~aal fundlnK for the South County Region~ Water Treatment Plant Odor Cont~x~ System. PUBLIC SERVICES SUPPORT SERVICES CO UNTY ADMINE~'I'RATOR 1) Con~cr~t~o~ of a~ e~uployee tuifioa rclmbur~cment policy. 2 July :/2. 1997 11. 2) T~is item ha~ been deleted. 3) To adop( pro,?osed mlilage ~t~ for ~bc ~' 98 Collier C~n~y Bvdg~ 4) P~nfafio~ and ~(ion of COUNTY A~O~EY'S ~PORT BOARD OF COU~ COMMI$SIONE~ Ap~Jnfmcnt of mem~ ~o Ibc Coni~ctor'~ ~fl~/flg ~ard. B. Di~u~ion ~g~rdlng e~en~i~ of te~ oa Ai~ Ap~intmefl( oE mcml~r (o the Ea~meal~ Ad~ D. Ap~intmen{ of mem~r to the ~lden DJ~u~ioa ~garding Ad~i~ ~rd Polic~. OTHER COHSTI~TION~ OFFICE~S C°atrzct~'~fllhcCil~°fN~P~ndCoUierC~n~yfor~beu~oftbes~ificcouaty votin~ and b~Uot iab~l~t;on cquipmcnt for ibc cit~ e/~ioa of Feb~a~ 3, l~. PUBLIC COMMENT ON GENERAL TOPICS PUBLIC HEARINGS WII,L BE HEARD IMMEDIATELY FOLLOWING STAFF ITEMS ADVERTISED PUBLIC IIEAR~NC$ . gCC A. COMPREHENSIVE FtAN A2dENDME~ ~N~G ~ENI)MEN~ Petition F'UD-97-3, Dwight N&dea, of McAnly Englneer(ng a. nd Design, lac., rcpresentlng Jan~e~ R. Colosimo, Trustee for the Ultlmafe Land Trot, re~mesting · re:zone f~om "A" Agrlcultur~ and be kswwm u Twin F~ Gotf a~d Conntry Club for a maximum of 275 dwelling traits for property on the north and smttb ~Ides of lmmokalee l~on~ (C. IL ~ in Sect 17, 20, 2~ ud 1,374.09 Petition R-97-I, Robert Self requesting · rr~one from "A" Agrk~Itur~ to 'Mil" M~ilc H~e for pm~y ~t~ on C~a ~ad and Cu~ ~d July 22, 1997 OTHER Request for Board to consider adoption of an ordinance ·mending OrdinAnce Ho. 96-6, "The Utility Regulation Ordinance", by amend;ag Subs~ctiong 1-3 (E) (I) and (2) to modify criteria r~quire0 and preferred for ap~intmcnt of applicanis to ~ome mem~m of Ihe Collier WAter ~nd Wistcwatcr Authority. Rccommendation th=t the Board of County Commistione~ adopt an Ordinance amending Ordinance 96-83, the Collier County Building Construclion Administrative Code. P~ition DOA-97-1, William R. Vines of Vines & As~ociates, [nc., r~pre~enting Pcli~ S~d ~c~pm~t Co~., ~qu~in~ ~ ~cndmen~ to ~opa~at O~r ~1 n~ p~s/y ~d~ by D~opmc~ Order S~7, D~opment O~cr 9~, ~d D~e~pment O~er 9~3 for Sired D~c~pmcnt of ~on~ ~pact ~ p~/ly named ~ency Villa~ ~ Napl~ ~e~pmenl of ~ lmpa~ ~; by amcndln~ Findin~ of Fact; by m~ifylng ac~ and land u~ intenti~i~; and by amendln~ Conclusions of ~w and ~nc~l Conside~tions for pro~y I~ated al thc no~hw~ inte~ti~ of ~mo~l~ Road (C.~ 846) and 75 in ~ 18 and 19~ T48S, Funding of Ihe Collier County Wa~tewater Managcmenl program. Adopt th~ (3) Resolution/to approve 201 Facilities Plan Update for the Collier County Wastewatcr Management Program, to authorize applicalion for a ..grate Revolt'lng Fund Loan, and to approve a Process for Resolving Disputes. 13. BOARD OF ZONING APPEALS ADVERTISED PUBI.IC HEARINGS Petition V-97-5, Anthony Pires or Woodwar6, Pires & Lombardo, P.A., representing Nicholas J. and Gaetane C. De~nte reque.~ing an after-the- fact variance of 3.2 feet from the required side yard setback of 30 feet to ?.6.8 feet for xn existing tingle family residence located at 571 Carlca Road in Pine Ridge Extension S~bdivlsion. 2) Petition A-97-3, R. Bruce Anderson of Young, vartAssendcrp & Varnado~, P.A., representing Ultimate Land Trust, James R. Coloslmo, Tru~tern requesting an app,.al to the Board of Zoning Appeals of Interpretations 1- 96-7 and 1-97-1 to preserve rights and standing as · substantially affected party in consideration of the above administrative Interpretations in which the Collier Counly Pla~nlng S~rvlce~ Dgpartment Director round that reaidenllal planned unit dcvelopmentt at · gross density of one dwelling unit p~r five acres within the agricuRural/rural desig~matcd lands of the Futur~ Land U~ Map are contistcnt with the Growth Management Plan. Petition A-97-4, Nancy Anne Payton, Florida Wildlife Federation, requ~tlng an appeal to the Board of Zoning Appeals of Interpretation i- 97-1 in which the Collier County Planning S~rvlces Department Director found that residential pla·nod unit developments at · gross tk:n~lty of oeae 4 July 22, 1997 14. 15. dwelling: unit per five ·crc2 wlthi· thc ·Ericuiturat/rural destg~mted lands of the Future Land U~e Map are consisiem with the Growth Management Plan. Pctitlon A-97-$, Bradley Corncll representing router County Audubon Society, requesting an appexi to the Bo·rd of Zoning Appeals of interpretation 1-97-I in which the Collier County Planning Services Department Director fou·d that residential planned unit developments at a gross density of one dwelling unit per five acre~ within the agrkultural/l-ural designated lands of the Future Land Usc Map are consistent with the Growth Management Plan. OTHER 1) Petition CU-9.$-!, Terra·ce L. Kepple repr~enti·g the Southeastern Conference Al~ociatio· of the Seventh Day Adventist Church requesting an extensio· of Conditional Us~ "7' :tAd "10" oir the "A' Agriculture Zoni·g District to allow for · church and school facility that has previously received Conditio·al Ug approval for property located o· the north side of Sabal Palm Road in .Sec. 24, TSOS, PO6E, consisting of 10.1 acre·. BOARD OF COUNTY COMMISSIONERS' COMMUNICATIONS STAFF'S COM'MUNICATIONS CONSENT AGENDA - All matters listed under this item are considered to be rootlne and action will be taken by one morion without ~eparate dlscus$1ou of r_ach item. if discussion is desired by · member of the Board, that item(s) will be removed form the Consent Agenda and ¢on$1dercd separately. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES 1) Recommendation to grant final acceptance of thc roadway, drain·ge, water, and sewer improvements for the final plat of "Queens Park at Logo Verde, Phase 2) Authorization to terminate Cmatract g94-2171 for th( purpo~ of executing a S~tilemeflt Agreement and Mutual ReleAse Agreement ·nd a Maintenance and Support Agreement between Percontl Data Systems, Inc., and Collier Coonty. PUBLIC WORKS · I) Recommendation to adopt a Resolution zuthorizlng the acquisition of 9ermaflent drlio·gc ca.lements by gift ia support of the proposed improvement· to S.IL 29 - bamokalee drainage canal 2) Appro~ · Stipulated Order I'or dcfctad~et't aUorne7 fee~ and co,ts, Collier County and the CoBier Canary Water-Sewer District V. ICie~leT. EL AL, CLue NO. 96-131 f~..A-Oi-DRM, Parcel numbers ~OIA, 706A, 906A, 70~B, 904B, 70,~C, ~C, 70~O and ~JOfD, ObSe Florida Golf Club, Lac. and OFC July 22, 1997 3) 4) of Naples, Inc., North Cmmcy Regional Water Treatment Plant Exp,nsion ONellf"~:ld) Eminent Domai.~ C·le. Approve Work Order #VC-97 with the Varttn Construction Comp·ny for the 'Figer~aJl Park Facility Recommendation to r~imburs~ R~ent Park Mtsler Association for dam·ge· to the front entrance of t~ ~t Pa~ Subdi~on du~ng c~~ ~ the Immo~l~ ~ad ~ing P~J~ Approve fiutl negotiated bld quote for roadside improvements along Vanderbilt Drive be~een Vanderbtlt Beach Road and 111~ Avenue. Award a contract for the construction of Park Pavilions for Sugden Park at Lake AvaJon, Bid No. 97-2677. Approve and execute · Joint lnterlocal Supplemental Agreement with Lee Coonty for Perpetual Maintenance of Median Landscape Lmprovemen.ts along the £oni~ Beach Road Foor Lane Corridor, CI~ Projec~ No. 031. 8) Approve a Stipulated Order for acquisition of Right-of-Way Parcel No. 117A for the Van~erbilt Beach Road Four Laning Project. C. PUBLIC SERVICES 1) ~) Thit item has been deleted. Recommendation that thc Board of Co,may Commissioners approve the attached budget amendment recognlz~nt funds received from an insurance claim. 3) Authorization to approve an extension of an agreement with the Southeastern Library Ne~vork (Solinet)for the provision of on-tine library cataleging and permi~ion for Chairman to sign agreement. ~) Recommendation that the Board of County Commiuicmers approve a lea~e agreement between Collier County and Lee Cypre.~ Water and Sewer op, Inc. .5) Recommendation that Ihe Board of County Commissioners name the ~oon- to-I~ completed Medk:al Examiner's facility, the David A. Kngstrand, M.D. Memorial Building. ~) Recommendation that the Board of Cmmty Commissioners approve a resolution regarding execution of Medicaid wriver referral agreements for thc SerHces for Seniors progrzm. Recommendation that the Board of County Commissioners approve the re¢ommcndation for the Golden Gate Community Center Supervisor. s) Recommcndat:on that thc Board of County Commissioners approve a contract with Big Wave International, Inc., for services at Youth Nights for the Collier County Park~ and Recreation Department July 22, 1997 9) lg~commendat{on that the Board of Co~nty Commis~oner~ approve l~dget xmendene.,~ to ~igu Parl~ capltml project budge~, with FY-97 fovec~,st expenditu rr_x. Do 10) Re'commendation that the Board of County Commissioners approve the at~ached Continuum of Care Plan developed retardin~ the provision of homeless services throughout Co~lier County. l 1 ) Recommendation that the Board of County Commissioners adopt a Re-sohjtlon to zmcnd the Collier County Parks and Recreation Facilities Licem-,e and Fc~ Policy and mpersedlng Resolution Nos. 96--3~1, 96.4G7 and 96-556. SUPPORT SERVICES Recommendation that the B<'ard of County Commlssioner~ approve Limited U~e License Ag~ment ~a Collier C~nty end ~ta~ Sequence of Eight, [n~ 2) R~ommenda6on tha~ lhe ~ar'd of C~nty Commlsslone~ app~ve ~d acce~ a drainere ~m~nt [~aled in Conner's Vande~ilt Unh No. 3, a~ recorded in Plat ~k 3, Page COUN~ AD~[~IST~TOR I) Acceptance oF agenda items approved by lhe Cnunty Admin~rator during the ~oard'l ~.~ 2) Budget Amendment Re~ ~OARD OF COUNTY COMM~SIONR~ 5HSCEL~NEOUS CO~PONDENCE 1) ~f l~en: N~ED MORON aul~n~ the Chai~ to Sati~faclion of~e~ for ~c~ ~ I~ Public ~f~der for C~ N~: 219~TM, 81--21 ~TM, 82- ~ 9-M~ 8~ I~F~ 1032~M~, ~749-~ 9~I0~I-M~ ~I03~-M~ 9~I03~ 9~I ~32-~M~ 97-14~M~ 9~M~ ~1020 CFA, 9~773-M~, ~9',-M~ ~937~M~ 113~CFA, 97-3~2-M~, 97.~M~ ~9~M~ 9~I031~ M~, ~t050~-M~ OTUER CONSTtTU~tON,~ OFFICE~ July 22. 1997 17. COUNTY ATTOR. N~Y ADJOURN g July 22, 1~7 SUMMARY RECOMMENDATION TO RECOGNIZE ROY LEWIS, FLEET MANAGEMENT, FACILITIES MANAGEMEN~F DEPARTMENT, SUPPORT SERVICES DIVISION, AS E:MPL OYEE OF THE MONTH FOR JULY 1997. O[33'ECTFVE: The "Employee of the Month" Program is designed to recognize exceptional performance plus uniquely identifiable contributions which produce significant results for the G~unty. O~)NSIDERATIO~$_: Roy Lewis is a five-year employee of Collier Count)' Government and was nominated by his ~pervisor Ibr this honor. With over 25 years of automotive and heavy equipment repair, the mecb, anical expertise, hart/, work and positive attitude Roy has displayed has been invaluable to County operaziom through increased productivity and decreased dc.wntirne. He works well without supervision :md does whatever it takes to get the job done right the first time by his con,;istent attention to detail. Roy ofters hi, knowledge and experience freely to co-workers without expecting a reward, and is often given the tough asdgnrnent. Without any reservations, he was nominated and selected as Employee of the Month for July 1997. ~1 C.~.~~: "Employee of the Month" s~lectees receive a $50.00 cash award. Funds for tNs award are available in the depa~lm, ent budget cost center 521-122410. }L-]-~ .C~)_M~M_EN~DA.4_TI, .ON: That Roy Lewis be m:ognized as the "Employee of the Month" for July 1997. Michelle E~'ol d - Assistant to the County Administrator JUl. _p._ EXE~E SUMMARY .~PPR .~VAL }:'OR. COLLIER COUNTY'S SPONSORSHIP OF Is'rEA TRANSPORTATION ENHANCEMENT PROJECTS To obtain the Board's approval for Collier County to sponsor applications that will lac submitted for I~!ITEA 'l'~ion Enhancem.(..nt funding. CONSID£RATIONS: ~ae Naples (Collie' County) Metropolitan Planning Organization has received eight applications, Ma prepared two for Trmusportafion Enhancement funding (see attached). The projecta will be_ ~,mpefing for programming in FDOT'a risc. al year 2002/2003. Below is a br/ef description of each proj:c:: ' Goodlette Greenway - Phase Im~ok~ee Side,va]ks Rural Safety Refuges South 5~ Slreet Sidewalks Gl__acJ~ Drive r~ncl PaLm Drive Beautification Victoria Park II Streetacaping Go!de~ Gate Beautification Immokade~ l)ow~town Streetscape Beaufific=fioa Phase II Fl~hman Boulevard Pathways P~ck Shor~ [)rive Bridge Bicy,:le/Pede:axima Pathways County Pathways County Bike/Ped Facilities County Pathways Count). L~,~:L~.aping Homeowner':; Assoc. Landscaping Homeowner'~ Assoc. Landsr~aping~athway MSTU Landscaping/Bike/Peal MSTU FacSlifies Pgthway City of Naple. s P~hways/Aesthefic City of Naplem Faflmauccment '0 eisht ~hcatio~s are proposed projcctz v~i~fin the County'~ jurisdiction and tbcr~fore requin: County The Naple~ (ColEc~ Courity) Metropolitan Planning Organization will prioritize the eligible p~jecl.s during their mee~dng on August g, !997. We anticipate thsl only the top one or two lzriorifies will re.~five fi~r~di~g aed be ~b?,equc~tly Frogrammed in the Florida Department of TranSlX~ati~n's Work FL!;CAL IMPACt: As Ibc pzoject sp<tusor, Collier Co~mly will ~ ultimately lesponsible for an ongoing co.sl azsocia'.ed wit~ I1~ per~ msinler~ of the land~.apiog ~ pathway areas. Maintenance co~,~ tod~ are estin.xa~l ax I;56,000 to $80,000 f,~r mile annually for landscaping, lind $250 - $450 p~r mile for p~w~y$. Maintenance funds will not be necessary until after conm'uciion ofthe p~jeels, some time. afl¢ r 2002/2003. GtiOWTH IVL~N. AGEMENT IMi?ACT: By ent~5'~l va',ll bv~ulifying mad,mays and by prox4ding suit~le facilities for w~lking a~xl bicycling, vel:icle trip reduction can. occur, decreasing t~e need.., for further roadw~ay expansions. ILE COMI'AENDATION: For the Px~ rd m agree to sponsor the attached ISTEA Trar:,sportafion Enhancement project application~ and axr, hod~ the Cl'a~irman lo si~ thc application forms. PREPARED BY A~x~ K. T~ylor Pis naer II DATE Do,udd W. Arnold, AICP Pbl:~g S~rvtcfs Department DJr~qr C~:~m~l~' 12~et~pm~mt & EnvJl~ame~t~l Ser~ 2 ? Date JUl. g 2 1997 EX~~E RECOMMEND Tf-tAT THE BOARD OF COUN'FY COMMISSIONERS ADOPT A RESOLUTION AND APPROVE AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF EVERGLADES AND COLLIER COUNTY. O1~ To obtain the approval of the Board of County Commissioners to adopt a Resolution, anti approve an Interlocal Agreement between the City of Evgglade~ and Collier County, a political su:~livision of the State of Florida. C_J~N.' On April 30, 1951, Collil:r Corporation conveyed by Deed to the Board of County Commi.,~ioners property known as Lot 6 8: 7, Block 2, Everglade~ Replat as recorded in Deed Book 21, Page 410 of the Public Records of Collier County, Florida. Collier County's Public Works D~:p-.~rmaent utilized the f~ilities tmtil 1975. On December 16, 1975, the City of Everglades leased the property and has bem~ utilizing thc storage facilities located on the property owned by Col!ier County since that date. The City of Everglades is desirous of o-orning this property to expand its public works facilities. The City of Everglad~ has historically performed and supported Collier County's road operation and m;dntenance, efforts on County Road 29 both within City limits and outside City limits. They have agreed, through an lntcrlocal Agreement, to perform road operation and maintenance support on C¢.,unty Road 29 as outlined and depicted on Exhibit 'A~ which is made a part of the attached Inrerlocal Agree~nent. County shall transfer via Statmory Deed Lots 6 ~md 7 to the City of Everglades, in accordance that certain Real Estate Agreement ~q de~ribed in Exhibit "B" which is attached to the Inlerlocal Aig'ecnnent and made a part thereof. Tt~e Market Value of Lots 6 and 7 as determined by the County Review Appraiser is $25,600. The County estimated the annual cost for additional ~ervic~ performed by the City of Everglades to b~ $13,200. The City of Everglades is willing to perform r, ervic~ to County Road 29 for two (2) y~'ns which would result in a net savings to Collier County of 560,800, (~ee attached e.qfimale). In addition, the City of Everglades rr~y expand sc'~,ice~ to the m outside th~ City limits ~s identified in Exhibit 'C" pursuant to a work order issued by County. Ther, e r,~'vicea will b~ r~mb~le. O.a August 20, 1996, it was d~ermined by contacting all County Division Adminimator~ 12~partment Directors, and Constitational Officers, that there was no longer a nee~l for Collier County to own tl~ rnoperty known a~ Lo'.s 6 & 7 in Section 11, Township 53 South, Range 29 East which is located in tl~ C~ty of Everglades, Florida. Pur~uax~t to F.S. 125.38, a Re,qolution has been prepared stating the pmpo~, price and terms of the ofttfis property. No advertisement is required. ,EI.~.C.~L_I~pafi~r~ The cost of recording the Statutory Deed is $6,00 which will be paid from the Transportation Department account 101-163610--649030. !~ItOWTH MANAGEMENT IMPA~ None. I~ECOMMENDATION; That the Board of County Commissioners: I. Adopt the at~ached Resoluti9n; 2. Approve and execute the at~achex[ Int~local Agreement; 3. Authorize the Chairman to execute the Resolution; Authorize the Cthairman to execme the Real Estate Agreexnent, when presented; 5. Authorize the Chairman to execute thc Statutory Deed, when pre~ntcd; and 6. Authorize the Chairma~ to execute an3, olher docmentz related to this project in order to convey Lots 6 and 7 to the City of Everglades. REVIEWED BY: APPROVED Wilton lver$on, Senior Properly Si~elaltst Real Property Management Ilepartmeat Da'vi~ B'oba~ick, Acting Director Transportation Department BY~ DATE: Edgar r. Admlnixtraeor Pub!lc Work~ Dt~ston 1 2 3 4 $ 6 ? 8 9 10 12 14 I6 17 19 2O 21 22 23 24 26 27 28 RESOLUTION NO. 97 RESOLUTION APPROVrNG AN/NTERL"3CAL AGREEMENT BETWEEN THE CITY OF EVERGLADES AND COLLIER COUNTY FOR CONVEYANCE OF LOTS 6 AND 7, BLOCK 2, EVERGLADES REPLAT TO THE CFI'Y OF EVERGLtLDF. S. ",'V~ER.F_AS, on Ap~J 30, 195 I, Col~Jtr Corporation conveyed by dod Io thc 8oard of County Commissioners o£Col!ier County, Florida., Lols 6 and 7, Block 2, Evcrglade:s Re'plat as recorded in Pla! Book I, Page 102, Public Records of Collier County, Florida (:he "Property'). "A~tEREAS, mid deed was ri:corded in Oft]cial Records Book 20, Page 410 in Ibc Public Records of Colli~r County. WHEREAS, The City o f Everglades has used thc £aciliti~ placed on thc Property to s'lore equipment since December 16, 1975. WHEREAS, lhe City o£ Everglades is desirous of ow'ning the Property /'or Ihe purpose of expanding its public works facilities. WHEREAS, lhe CoLmty desires to Convey thc Properly by Statutory Deed t,) Ihe City of Everglades in exchange for the City perfolming addilJonal road opera6on and m.:h,enance aupport on County Road 29. NOW, TT{EREFORE, BE IT RESOLVED BY THE BOARD OF COUNT~ COMMISSIONERS OF COLLIER COUNTy. FLOR3DA~ t~: I. In a~o~a~e whh S~,ion 125.38. Florida S~a~u~, Ihe Board h,~ det~in~ ~ha~ Ihe Pm~y i~ ~ long~ n~ for ~un~ pu~ ~d a~ ~hat ~he P~ i~ n~ by lh¢ Ci~ of Ev~l~ to cxp~d it~ publ~c wor~ facHhi~. 2. 2~e ~ ~ d~in~ that it ia in ~ ~t in~ of~lli~ ~un~ to ~t to ~e City of Ev~g1M~ by ~ t~ ~y ~i~ ~ a value of$25,~.~ u do~i~ by t~ C~ R~ A~. 3. The Bo~ agree~ that the City of Everglades w~]l pcrf'orm Ihe optration and maintevxan~e ol County Road 29 which aerv~ces ~d.'11 ~lu. al Ihe fair market value of lhe Prope~y pursuant to the t~rn~ of Ibc alt. lche~:l Intefloc. al Al~m,~L 4. The Board does h~"cby approve t,% atlached Intedoeal Asrecrnent. JUL 2 Z 1997 I 4 6 7 9 10 12 ~3 16 17 19 2O 5. The Chairn-r,.n oFthe Board of County Commissioners oFCollier County, Florida, is hereby aut~or'jz~ to e~.eCute the att,~ch,¢~ T'~is Resolution sdopt,~ on this ~ day of' ., 19~7, after molion, second and majority vote. DATED: ATTEST: DWIGHT E. BROCK, Clerk BY: D~pu~y Clcflc [JOAKD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA BY: TIMOTHY L HANCC~'K, CI~IAIRJ~AN JUL z ,' t~7 I NTERLOCAL AGREEMENT BETWEEN THE CITY OF EVERGLADES CITY AND COLLIER COUNTY This AGREEMENT entered into , 19 , between the "Parties", the City Council for the City of ~Vergl-~es City, whose post office address is P. O. Box 110, Everglades, Florida 34139 (hereinafter CITY), and the Board of County Commissioners of Collier County, a political subdivision of the State of Florida, whose post office address is 3301 Tamiami Trail East, Naples, Florida 34112 (hereinafter COUNTY). W 1%' N E S S E T H: WHEREAS, CITY is'a public corporation of the State of Florida, having those powers and responsibilities enumerated in Chapter 166, Florida Statutes and the Charter of the City of Everglades City to include entering into contracts with public agencies, private corporations and other persons; and WHEREAS, CITY is planning on expanding its public works facilities and requires additional properties for such expansion; and W}IEREAS, CITY has historically performed and supported COUNTY road operation and maintenance efforts on County Road 29 both within CITY limits and outside CITY limits where CITY provides utility services; and ~HEREAS, CITY represents that it is qualified and willing to provide additional road operation and maintenance support of County Road 29 as outlined and depicted on attached Exhibit -A#; and WHEREAS, COUNTY would receive substantial benefit from the CITY for increased support of road operations and road maintenance on County Road 29; and WH~EAS, COUNTY is the fee owner of Lot 6 and Lot 7, Block 2, Everglades Replat as recorded in Plat Book i Page 102, Public Records of Collier County, Florida (hereinafter the #LO~:S-), and the property is not used by COUNTY for any COUNTy functions; and WHEREAS, CITY could utilize the LOTS in the CITY's improvement of CITY public works facilities. JUL 2 Z 1997 NOW, THEREFORE, CITY and COUNTY, in consideration of the mutual benefits flowing from each to the other, do hereby agree as follows: 1. COLq{TY shall transfer the LOTS to CITY via Statutory Deed in accordance with that certain Real Estate Agreement as described in Exhibit "B", which is attached hereto and made a part of this Agreement. 2. Upon recordation of the Statutory deed, CITY shall be responsible for the operation and maintenance of that portion of County Road 29 from CITY's north-most Jurisdiction located north of the C.R. 29 Barron River Bridge to a point immediately north of the C.R. 29 Mall Way Creek Bridge, as outlined herein. Exhibit "A" attached hereto and made a part hereof further identifies the road operation/maintenance limits. The road operation and maintenance responsibilities shall include the following functions: Roadway Mowing, Litter Control, Landscape Maintenance, Roadway Sweeping, and Inspection/Cleaning of drainage inlet structures. This provision shall survive closing and is not deemed satisfied by conveyance of title. 3. Upon the assumption of C.R. 29 operation/maintenance responsibilities by CITY as defined above, COUNTY shall remain responsible for all capital road improvements and major operation/maintenance functions to include pavement resurfacing, roadway signing and markings and drainage system replacement/improvement. This provision shall survive closing and is not deemed satisfied by conveyance of title. 4. At the option of CITY, CITY may expand road operation/maintenance support on C.R. 29 and adjacent County Roads on Chokoloskee Island and Plantation Island to include some or all of the operation/maintenance functions identified in Paragraph 2 above plus bushhogging activities; all such additional support services by CITY shall be subject to prior Work Order authorization by COUNTY and reimbursement on a unit price basis in accordance with "Additional Support Services Program," as met forth in Exhibit "C" attached to and made a part of this AGREEMENT. This provision shall survive closing and any termination of this AGREEMENT. 5. CITY agrees to hold COUNTY harmless from all liability which may result from the performance of CITY's obligations herein, done in accordance with the terms of this AGREEMENT. To the extent permitted by law, and as limited, by Chapter 768.28 F.S., CITY shall indemnify, l~f~ p4. ),mT :t. 1997 2 save, protect and hold harmless COUNTY against any damages and claims arising out of the performances of CITY's obligations herein, done in accordance with the terms of this AGREEMENT. COUNTY agr.ees to hold CITY harmless from all liability m'hich may result from the performance of COUNTY's obligation~ herein, done in accordance with the terms of this AGRE~{ENT. To the extent permitted by !aw, and as limited by Chapter 768.28 F.S., COUNTY shall indemnify, save, protect and hold harmless CITY against any damages and claims arising out of the performances of COUNTY's obligations herein, done in accordance with the terms of this AGREEMENT. A. If either party to this AGREEMENT fails to fulfill its obligations under this AGREEMENT in a proper manner, the other ])arty shall have the right to terminate this AGREE~ENT by giving written notice of any deficiency. The party in default shall then have ten (10) calendar days from receipt of notice to correct the deficiency. If the defaulting party fails to correct the deficiency with this time, this AGREEMENT may be terminated at the expiration of the ten (10) day time period by the party giving initial notice of the deficiency. B. COUNTY and CITY acknowledge and agree that at the time of conveyance of the LOTS, the LOTS have a fair market value of $25,600.00. 1) If the AGREEMENT is terminated prior to the time the CITY has performed maintenance services hereunder equal to said fair market value due to a breach of the AGREEMENT by CITY, then CITY, upon demand by COUNTY, shall remit to COUNTY an amount equal to the difference between the fair market value less the maintenance work performed by CITY prior to termination. The value of the maintenance work shall be the costs incurred by the CITY in performing said services. 2) If the AGREEMENT is terminated due to breach of the AGREEMENT by COUNTY, CITY shall owe no further amount to COUNTY. C. In all events, if the AGREEMENT is terminated for any reason, the conveyance of the LOTS to CITY by COUNTY shall survive any such termination and the LOTS shall not revert back to COUNTY. J U L 7 ,, IS.97 8. CITY, its employees, subcontractors or assigns, shall comply with all applicable Federal, State, and Local laws and regulations to the performance of this AGREEMENT. COUNTY undertakes no duty to ensure such compliance, but will attempt to advise CITY, upon request, as to any such laws of which it has present knowledge. 9. The laws of the State of Florida shall govern all aspects of this AGREEMENT. In the event it is necessary for either party to initiate legal action regarding this AGREEMENT, venue shall be in the Twentieth (20th) Judicial Circuit for claims under any State law and in the Middle District of Florida for any claims which are justiciable in Federal Court. 10. Notwithstanding any provisions of this AGREEMENT to the contrary, the parties shall not be held liable for any failure or delay in the performance of this AGREEMENT that arises from fires, floods, strikes, embargoes, acts of the public enemy, unusually severe weather, outbreak of war, restraint of Government, riots, civil commotion, force majeure, act of God, or for any other cause of the same character which is unavoidable through the exercise of due care and beyond the control of the parties. Failure to perform shall be excused during the continuance of such circumstances, but this AGREEMENT shall otherwise remain in effect. 11. In the event any provisions of this AGREEMENT shall conflict, or appear to conflict, the AGREEMENT, including all exhibits, attachments and all documents specifically incorporated by referenced, shall be interpreted as a whole to resolve any inconsistency. 12. Should an}, term or provision of this AGREEMENT be held, to any extent, invalid or unenforceable, as against any person, entity or circumstance dur].mg the term hereof, by force of any statute, law, or r~ling of any forum of competent Jurisdiction, such invalidity shall not affect any other term or provision of this AGREEMENT, to the extent that the AGREEMENT shall remain operable, enforceable and in full force and effect to the extent permitted by law. 13. This AGREEMENT may be amended only with the written approval of the parties hereto. 14. This AGREEMENT states the entire understanding and agreement between the parties and supersedes any and all written or oral representations, statements, negotiations, or agreements previously existing between 3UL 2 ~' I~97 the parties with respect to the subject matter of this AGREEMENT. This AGREEMENT shall inure to the benefit of and shall be binding upon the parties, their respective assigns, and successors in intere~t. 15. With respect to the subject matter, this Agreement shall be recorded in the Public Records of Collier County, Florida. 16. Unless otherwise earlier terminated pursuant to the provision~ ofthis Agreement, this Agreement shall remain in force and effect for a period of two years from date of recordation of the Statutory Warranty Deed. IN WITNESS W~I~EOF, the par~ies or their duly au~,horized representatives hereby execute this AGREEMENT on the date first written above. DATED: ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: BY: Deputy Clerk DATED: .i,~ 3 ~; gg-~ ATTEST: TIMO~/~{Y L. HANCOCK, AICP Chairman CITY COUNCIL CITY OFEVERGLADES CITY, FLORIDA SAMMY HJuM~.~'ON, JR., Mayor .~pproved as to form and legal ~ufficiency: ~id C. Weigel Collier County Attorn,".y Approved as to form and legal ~®rgladee City Attorney 5 Agreement #. Scope a,'.d Responsibilities for Operation and Maintenance of County Road 29 within the Corporah, Limits of Everglades City, a distance of 2.2 M~ges: 1. Roadside Mowing will include all roadside areas within the specified limits. General Roadside Mowing is to be done a minimum of once per month to established mow tines and will include tdmming around guide rails, signs end o[her structures. 2. Landscape Maintenance will be performed on all Medians and Landscaped Roadsides within the specif'~ed limits. Work to Include mowing and tflmmtng of grassed areas, irrigation and latinizing, mulching ot' plant beds and trimming of trees and shrub~l. Work to be done at such intervals as to maintain a nest and clean appearance. 3. Litter Control will include the removal of ail litter from the roadway right-of-way within the speci[ged limits. Litter pick-up will be performed a minimum of once per month or more often, ii' required. 4. Sweeping o1' cubed areas within the specified limits will be performed a minimum of once per month or more often, if required. 5. Inspection/cleaning of drainage inlet stn:ctures within the specified limits will be performed quarledy. JUL 2 >' 1997 ~ll~ EXHIBIT "B" REAL ESTATE AGREEMENT THIS AGREEMF~NT made and entered into this __ day of __ 19 , by and between COLLIER COUNTY, a political subdivision of' the State of Florida, hereinafter referred to as "First Party", and the City of ~;erglades City, hereinafter referred to as "Second Party". WHEREAS, FIRST PARTY is the owner of that certain parcel of real property, located in the City of Everglades, Collier County, State of Florida, and being more particularly described as Lot 6 and L't 7, Block 2, Everglades Replat (hereinafter referred to as "Subject Property"). WHEREAS, the SECOND PARTY has agreed to compensate (see Interlocal Agreement dated .) the FIRST PARTY for conveyance of tke Subject Property to the SECOND PARTY. NOW, THEREFORE, in consideration of the recitals, the mutual covenants hereinafter set forth and other good and valuable considerations, the receipt of which are hereby mutually acknowledged, it is agreed by and between the parties as follows: 1. The FIRST PARTY shall convey their right, title and interest in and to the Subject Property to the SECOND PARTY via Statutory Deed at the price and terms and conditions set forth in the Interlocal Agreement. 2. SECOMD PARTY warrants and acknowledges to and agrees with FIRST PARTY that SECOND PARTY is purchasing the Premises in an "AS IS" condition and specifically and expressly without any warranties, representations or guarantees, either express or implies, of any kind, nature or type whatsoever from or on behalf of the FIRST PARTY. 3. SECOND PARTY acknowledges that they have made and/or have been given an adequate opportunity to make such legal, factual and other inquiries and investigations as SECOND PARTY deems necessary, desirable or appropriate with respect to the Subject Property. 4. Without in any way limiting the preceding paragraphs, SECOND PARTY acknowledges and agrees that they hereby waive, release and discharge any claim that they have, might have had or may have against the FIRST PA~ with respect to the condition of the Subject Property. 5. Possession of the Premises shall be delivered, to the SECOND PARTY at closing. JUL 2 z 1~7 6. The FIRST PARTY shall pay for all costs of recording the deed. 7. Both Parties are aware and understand t hat this Agreement is subject to acceptance and approval by the Board of County Commissioners of Collier County, Florida and the City Council of the City of Everglades City, Florida. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed as of the day and year first above written. AS TO SELLER: ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: Deputy Clerk TIMOTHY L. HANCOCK, AICP Chairman DATED: ATTEST: MARTHA NAPIER, Clerk CITY COUNCIL CITY OFEVERGLADES CITY, FLORIDA BY: Deputy Clerk Approved as to form and legal sufficiency: BY:. SAMI~YHAMILTON, JR., Mayor Approved as to form and legal sufficiency: Heidi F. Ashton Assistant County Attorney Everglades city Attorney EXHIBIT *'C" Agreement ~ ~. Mowing limits to be 15 ft. off edge of roadway where appropriate, to established mow lines or to inside face of guide rails. Roadside Mowing to IncJuda trimming around guide rail, signs and other stmcturea. Unit Cost for Mowing is $12 per Acr~. B. Vegetation Control to provide a clear area adjacent to the roadways. Clear area to be 1 5 ft. from edge of pavement where appropriate or Io 1 ft. bac~ of guide rail. Uni~ Cost for Vegetaiion Control is $120 per Shoulder Mile. C. Litter Contro! area nhall be a minimum o! ell mowed areas along lhe roadway. Unit Cost for Lilter Control is $16 per Shoulder Mile. List of Roads for "Additional Support Services Program" SHOLJt. DER MOW',N~ Cho~3Zoske~ ~k, ee D~ W AJI 0.20 0.40 0.~x3 ~ ~ke'~ ~ E ~ 0~ 0.40 0.~ ~ ~ ~ ~ o~ 0.40 0.~ ~ ~ ~ ~ 0~ 0.40 0~ I:~nta(Jon ~ Ct NI 0.10 0.20 0.29 ~ Egr~ Ln NI 0.10 0.20 0.20 F'lenU~on Flamingo D~ Al 0.25 0 .~.,~n. 0.60 P'~n~a'~an Flicks' L.n ~ 0.s0 0~ 0~ ~ ~ ct ~ o~ 0.10 o.10 ~ ~ ~ ~ 0.~ 0.t0 0.10 Nrparl Access All 3.30 0.~0 0.70 CRZg t.~41 to C~ I. Jr~ N 2J~ 5.~0 CR 2~ Chokolc~r~e Ceu~ewW 2.e0 5.2~ i2J0 TOTALS g.EI5 13,70 3~.10 D. C~llier Co~ncy vtll provide tl~ bushhos equipmnnc ueceloat"y f~EMORANDUM DATE: Febnmry 5, 1991 TO: Sandy Taylor, Peal Property FROM: Dave Bobar, ick SUtt,rEcI. Everglades City Mewing and Median Services EstimatrA annual Road and Bridge costs for services to be providod by Everglades City per Exhibit "A" ofth~ imcrlocal agreement: p,m~id~ Mowing. 4 hr/n-,onth ~ $37.50= $150/mc~h = Li'r~r Pick-up - 20 M/month ~ $25 O0 ,, $500/month = Sweeping - 5 hr/month @ sgo.o0 = $450/month ,= Modian Maimmanc~ - 150,000 SF {~ $0.20/SF = S 1,800/.year $ 6,000 $ 5,400 $30.000 Total Annual Cost = $43.200 This estim~ considers thc eatir~ le:agth of CR 29 through Eveal0at~ City, a distan~ of 1.9 miles, as w~ll as 0.3 miles of 2 lane ~ the Barron ~ Bridlg: and tim 4 lane ~ tbt a total distaac~ of 2.2 miles. Pleas~ call n~ ai 7748494, if you have any qu~tiom em tki. s r~port. JUL 2 ~XECUTIVE SUMMARY APPROVE ADDITIONAL FUNDING FOR THE SOUTH COUNTY REGIONAL WATER TREATMENT PLANT ODOR CONTROL SYSTEM. O.BJN(~TIVE: That the Board of County Commissioners, as the Ex-Officio Governing Board of the Collier County Water-Sewer District, approve the funding for the South County Regional Water Treatment Plant (SCRWTP) Odor Control System. CONSIDERATIONS: On April Ist, 1997, Agenda Item No. 8(B)(3), the Board directed staff to proceed with the design and construction of the SCRWTP Odor Control Syste'~n so that it will be completed and ready for operation by the end of January 1998. The proposed SCRWTP Odor Control System is similar to that at the Nor:h County Regional WTP which uses two-stage, two-train sodium hydroxide/sodium hypochlorite scrubbers to treat the odorous air. It is a tried and proven technology and he.s tb.e flexibility to optimize chemical operating costs. Thc existing construction budget of $750,000 is not sufficicnt to fund thc construction of thc proposed SCRWT? ():'..or Control System. Thc current budgct was based on a 1993 study which evaluated alternative technologies. Expansion is planned to add ? million gallons per day water treatment capacity to the SCRWTP by ~he year 2003 per the Water Master Plan approved by the BOCC on October 22, 1996 per Agenda Item No. 8(B)I. Staff recommends that the Odor Control System bc sized for the future SCRWTP expansion. The larger odor treatment system is recommended to be built now to avoid future additional costs to design, build, operate, and maintain a separate, second odor control system unit to handle the future expansion. The odor control system will generate a large volume of wastewater. A Plant Sewage Lift Station & Force Main is needed to pump the odor tre,~tment system wastewater to the South County Regional Wastewater Treatment Plant. Thc basis for the requested funds is as follows: 1) Odor Control System = $ 1,275,000 2) Sitc Work = $ 125,000 3) Electric.'~l Work = $ 100,000 4) Maintenance Bond = $ 100,000 .5) Plant Lift St~tion & Force Main = $ 200.000 NEW BUDGET TOTAL CURRENT BUDGET 1,g00,000 750.000 ADDITIONAL FUNDIN(3 REQUIRED - ~1,050.000 The additional cost is $1,050,000 to provide a total construction budget of $1,800,000 for the SCRWTP Odor Control System. FISCAl, IMPACT: Funds in the amount of $750,000 are currently budgeted in fund 412 (Water Capital) for the odor control project. A Budget Amendment ia needed to transfer funds as follows: Amount: From: To: $1,050,000 412 Rcscr¥cs for Water Capital Out]ay. 412-273.511-763100-70020 (South County Regional Water Treatment Plant Odor Control System). None. R.F,~QblMENDA__~IQ~N$- Staff recommends that the Board of County Commissioners. as the Ex-Officio governing board of the Collier County Water-Sewer District, approve the necessary budget amendmenl r~eeded to fund this project. PREPARED BY: REVIEWED BY: Mohzn V. Thampi, P.E., Project M~nager Offic- .)f C~pital Projects M~nagement o fo-S. a, .ii Office of Capital Projects Management DATE: Mike N , , ' Public Works Division DATE:'~/ , [ c/---) F, EVIEWED MVT:mvt Ed Iltchn,-.r, Adminiatrator Public Works Division j1JI Z Z EXECUTIVE SUMMARY Consideration of an Employee Tuition Reimbursement Policy _QB,~ EC?IVE: That the Board of County Commissioners adopt a policy regarding tuition reimbursement for employees in the Board Agency. CONSIDERATIONS: On May 6, 1997 the Board discussed in concept the developmer~t of a policy whereby their employees would be elil0'ble to receive reimbursement of certain tuition expenses incurred in the pm~uit of approved degree programs. Staff has pr,:pared an adn'finistrative policy document which defines the tuition reimbursement program, including the program controls that the Board requested, and which will govern the program. This policy is attached for review by the Commissioners. FISCAL IMPACT: h! prior years when the Board p~ov/ded for tuition reimbursement the largest total reimbursement in a single year was approximately $9000. Staff is recommending in the first year that a maximum of $30,000 be allocated for tuition reimbursement. This expense would be allocated ac.ross aH funds. GROWTH. MANAGEMENT IMPA~,: None _RE,,COMMENDATION: ]'hat the Board of County Commissioners review and adopt a policy reda'ding tuition reimbursement for employees in the Board Agency. Michael A. McNees, Assistant Co. Admini~ator 7-ff-~o'~-~; Fernaa~ County. Adminisaaor OF~CEOFTH~COUNTYADbtIN'ISTRATOR ADMINISTRATIVE CODE CAA/daatr~ctiou 5344 Effective Date: SUBSECT: Tuition Reimbuniement PURPOSE: The purpose of this Instruction is to provide the implementation of a tuition reimbursement policy authorized by the Board of County Commissioners. CONCEPT: A. Tuition Reimbursement 1. Tuition reimbumement moneys will be utilized only for courses that are part of an approved degree program. 2. The maximum tuition reiraburscment paid shall not exceed the standard tuition ebarge per credit hour for a State of Florida public college or institution. An ~mployee will be reimbursed for a maximum of six (6) credit hours per scrnoster, wi~ the exception of the p~ramedic modules in which a maximum o£nln¢ (9) hours may be reimbursed per semester. 3. Reimbursement of tuition payments will be made in the order they are received. 4. To qualify for a tuition reimbursement, the following conditions must be met: a. Application for tuition reimbursement may be made after six (6) mont~s of cmploymenL Reimbursement wilt be paid only to regular full-time ~ployees who have sur. c~sfully complet4xl their initial probationary period. b. Prior to the ¢'mployee's enrollment, courses and curriculum must be recommended by the employee's Dcpartmen; Director and Division Administrator and r~viewed by the Human Resource Dire~or or designee. c. Dtgr~ program,s a,rrpmved for reimb,.u~'mcnt must relate directly to the ~nployee's prese~,t job and enhance the knowledge, skilLt and abilities used in that job. d. Elec~t:vc classes that a. re not job-related me not eligible for reimbursemenL c. Courses must be taken from a fully accr~lited college, tmiversity or trade school. The only exception to this policy is for courses t~ken at Florida Gulf Coast University while accreditation is pending. Charges for a scmimtr program, wodcshop, non-credit course, or non-degree r:laxed course are not reimbursable under this policy. Please refer to the Education/Training section for i~formatioa on gr.h progrnms. f. Intended courac's of study must be unobtainable trader State or Federal Government sponsored progranls. Veteran~ seeking tuition vzimbun~merct must provide sufficient proof that alteamte funding is not otherwise available. If equivalent training is offered through County-sponsorcd training, the employee will b¢ cxpocted to utilize the Cotmty- sponsor~l tntining firsL S. Tim County will pay a 100 percent (100%) reimbursement of tuition expenses, up to s maximum of slx (6) credit hours per semes~ (9 hou~ for paramedic mod~..~ subje~ to the stancta~l tuition cl~rSc ~ credit .hour. incl_.~ding _bt .b~tory fee~ must be a me. bet of the r'..oua~ mrv~e at the tune of required in order to receive a rcimburscmer, t. Administrative Code TuRion Reimbursement Page 2 of 2 a. Within thirty (30) days of course completion, the employee must furnish the Human Resources Director with documentation showing the satisfactory completion of all course work. b. Evidence must be verified prior to reimbursement and shall include tuition receipts, a certified transcript of grades, and any other documents ~s deemed appropriate by the Human Resources Director. c. The employee shall disclose any other tuition aid received from government sources prior to receiving reimbursement from the County. d. Should the employee separate from County service within twenty-four (24) months following receipt of the tuition reimbursement, he/she shall reimburse the County for all tuition reimbursement received. 6. Employees must take courses that will not interfere with their job responsibilities or their normal working hours. If time off is required to attend courses during an employee's working hours, it shall be without pay, unless prior arrangements have been made for the employee to work an equivalent, substitute work day(s); er an employee may use accrued vacation or compensatory leave. Such actions will require prior approval by the County Administrator or designee. The County will not grant any other paid time off for an employee to take educational courses. CURRENCY: The Human Resources Department is responsible for maintaining the currency of this Instruction. ROBERT F. FERNANDEZ County Administrator DISTRIBUTION LIST: All Division Administrators (I0) All Management Offices (2) All OCM Staff(1) AGEND I JUL 2 2 1997 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA APPLICATION FOR TUITION REIMBURSEMENT NOTICE TO APPLICANTS: To qualify for a tuition reimbursement, your course ~ be approved t~flor to enrollment. Reimbur~ement~ will not be made for mileage, text books tn' other study materials. A maximum of six (6) cnxtit hours per semester may be reimbursed. MAXl~ TUITION REIMBURSEMENT SHALL NOT EXCEED ~ STANDARD TUITION CHARGE PER CREDIT HOUR FOR A STATE OF FLORIDA PUBLIC COLLEGE OR INSTITUTION. Employe~'s Name: Date: Department: Position: Veteran: Yes No Name of School: Course Start Date: COURSE TITLE/SUBJECT COURSE LENGTH CREDIT TUITION (IN MONTHS) HOURS Please explain how this course work dir~-~ly relates to your present job and in what ways you expect it to improve your effectiveness in your present position. I have read the tuition reimbursement requirements and agree to furnish the Human R~sources Department with an official transcript or official grade report upon satisfactory completion of the course. I understand that ifl drc~ the class or fail to obtain a passing grad~ of'C" or better for undergraduate courses and a "B' or better for graduate coursea, a tuition reimbursement will not be paid. I futlber agree to reimburse the County for all luition reimbursement received ifl r~sign from the County service before twelve (12) months following receipt of the tuition reimbursement. Employee Signature: pate: 5. APPLICATION APPROVAL Dei:mamentDirr~oc Date: Division Administrator. Human Resources Director 6. ~.IMBURSEMENT ACTION Enrollment Date: Completion Da~: Passing Mark Obtained: YESt NO Amount of tuition reit (ATTACH COPY OF OFFICIAL TRANSCRIPT OR FINAL REPORT T TO ADOPT PROPOSED MILLAGE RATES FOR THE FY 98 COLLIER COUNTY BUDGET Q~: To adopt the proposed millage rates as the maximum property tax rates to be levied to fund the FY 1998 Collier County budget. CONSIDERATIONg: The tax rates hereby adopted must be provided to the Property Appraiser by August 4, 1997 for use in preparing the Notice of Proposed Taw. es. Each property owner will receive this notice, which must be mailed by August 24 under Florida Truth in Millage (TRIM) law. During the September Public Hearings the Board may lower or maintain millage rates in each unit at the level of the proposed millage rates. The millage rates may not be raised subsequent to this adoption, without meeting additional public notice and advertising requirements. The proposed millage rates and associated tax increases or decreases are included as attachments entitled "Property Tax Rates - FY 98 Proposed" and "Property Tax Dollars - FY 98 Proposed". The proposed General Fund millage rate of 3.6864 mills represents a tax increase of 2.2% above the rollback millage rate. The proposed county-wide millage rate of 3.7316 represents a tax increase of 2.1% above the rollback millage rate. The proposed Unfncorporated Area General Fund (111) millage rate of .5721 mills is 4.4% above the rollback millage rate. The proposed aggregate millage rate of ~.4907 mills, which factors in all special taxing districts, is 3.2% above the rollback millage rate. ]~e dates established previously for Public Hearings on the 1997-98 7?entative Budget are We¢~esday, September 3, 1997 and Wednesday, September 17, 1997 at 5:05 P.M. in the third floor boardroom in the ;~ninistration Building at the County Goverr~nent Center Co, lex. ~~: The General Fund millage of 3.6864 represents a tax increase of 2.2% above the rollback rate, the county-wide millage rate of 3.7316 represents a tax increase 2.1% above the rollback u~lla~e rate, and the aggregate millage rate of 4.4907 mills is 3..2% above the rollback millmge rate. AC.4~NOA ITEM JUL 2 2 1997 Pg., / RECe3MMENDAT~ON: That the Board of County Co~missioners adopt by Resolution the proposed property tax millage rates for FY 1998 as detailed in the attachments. Mic~e~ R. Smykowski, ~MB Director Robert F. Fer6andez, ~bunty Administrator DATE: DATE: JUL 2 2 1997 PS. o~ EXHIBIT "A" Collier County, Florida Property Tax Rates FY 98 Proposed Walcr Polhr~on Control 114 0.0489 0.0474 Total Count')' Wide Millage Rat,, 3.7730 3.6548 0.0452 -4.6% i : '~' :.' 3.73]6 2.1% 1~ Dis~ct 5 106 0.2281 02219 0.3016 35.9% (~1~ ~ Co~ C~ler 130 0.3133 0.3074 0.3189 3.7% ] ~aplcs P~k D~Gc 139 0.~ 0.~ 0.155 ] ~/A Victo~ P~ ~ge 134 0.3755 0.3~0 0.2421 -33.5% Nap]~ ~duc~on P~ 141 0.~ 0.~ 0.02~ ~/A I~ho~ F~ Con~[ 146 2.~ 2.6268 2.~53 I.~ly C~lf ~t~ B~fi~fion 152 ! .5~ ~ .4597 1.5~ 2.~% Fo~ ~ ~a~y & ~ge MS~ 155 0.~ 0.~ 0.2457 P~ ~B ~l ~ 2~ 0.0583 0.0~7 0.0535 -5.6% ?~ of C~ M~c~l ~ 2~ 0.2~7 0~023 0~074 2.5~ Bay ~,LSTB U 778 0.3012 02929 02768 -5.5% Aggregate lH'iiLqge R~te 4.4903 4.3496 4.4907 3.2% AGENDA ITEM J U L 2 2 1997 EXHIBIT Collier County, Florida Propert7 Tax Dollars Proposed I Watt P~lu6~ ~n~l l 14 ~r~'~E~'~i::~':~:~1:~:~<~J~::~.~] ::.~.::: ~]~'~!.~:]:::::::? :']F~ ~:; F: ::~:.~,:::<:::x ::::::::::::::::::::::: :(:;::.: :~::~::: .::~: .:'::~:~;:.:':: ~:'~: ::: ::' · ::-::: :%:::/.~:::: · T~ C~' X~e Taxm ~4~ 68.227.65~ ~1~75.433 7~g74.~ 2.1% 79 Pine Ridlle Inch~lti~l Park 140 19.1~9 20,511 0 -I~.~ ~ ~k~ .~. ~ :'::' ..... ':': 174 4,~ ~l~ -- 92 ~n G~ P~L~ ~fi~ 136 I~,~ 18~039 183,~ 1,6% '..I~N~P~D~e...-~' :" ': -. 139 : . '0 : - 0 - . · :~':-: ~A 101 N~les P~on P~ 141 0 0 i.~ 39: ~d~Of~ Fi~::L'~ -':' ':- : ' l~ - 113~' 16 Och~ ~ ~1 1~6 2~5.~ ~.2~ 2%.~ ~.~i 110 l~y C~o~f Es~tes Bea~ific~ion 152 9~,506 99,119 101.1~O0 ~..7% 154 Fot~t I.~k~ Ro~S~, & Draitxqe MSTU 155 0 0 Z2.300 90 P~rL~ GOB Debt Sor~ce 206 155.675 902,432 [~1,900 -5.6% I ~6 Isle~ of C.~wi Mur,;c~l~ Resm~ 244 29,41.~ 30,136 30.900 2.5% 152 N,ples Prod. Park St Lighy. lnl 770 0 0 I ~ ~q~'A ... 'e <.... -:...:..,,..:~- ,:.:::-, ..~::..z:.~.:.. ::' ".':fx' ::"~:~.:~::~ ':~f~Oi::':'~:~.~'~ ~:~}i~:5~q ~O~q'..-~: -~:.q.: .....~ rl: ..... 1~ P~ ~y~'d ~8 4~,~1 ~,~ 4~.~ -~.~% ~j~,~:~a~/~.~a~:,~"".~ .... ~' ""'," "~j~~?~.:~:~,:,~::.-?~,~:,.<~ .... .: ...:. ......................................... ................................. :::..~ .............. ~~ . .................. . . =.. ~. ............... ....~:: ,-- AI~TTEn~e Tazes SJ,l~,l,f~ 14~$8,?:S4 17,700,400 ,11% AGENDA ITEM ~._~ £ [3) JUL 2 2 1 2 3 4 5 O6 RESOLITI'ION,NO. A RESOL~ON APPROVING TIEE COUNTY'S PROPOSED IM'IrI~!_AGE AND SETTING ~ PUBLIC HKARINGS FOR ADOrrlON OF TH~ AM~N1)ED TENTATIVE BLrDGETS AND FINAL M~tJ. AGE RATES AND BUDGETS ~S, Section 200.065, Flor/da Statutes, provi&,s the procedure for fixia8 the m/lhge ra~; ~nd WHEREAS, Sectio~ 129.03, Flor/& Statutes, se~ forth the procedm~ for preparation and adopt/on of Ihe bu~g~ and I0 WHEREAS, thc Board of County Commissioners bas rece/ved and examined the tentative budgeta for each 11 of the County's funds including all estimated receipts, taxes to be levied and balances expected to be brought 12. f°twaxd and all estimated expeoditures, reserves and balances lo be canied over at ~ae end of ibc year; ~ 13 WHE~, Section 200.065, Florida Statutes, provides that the Board of County Commissioners shah hold 14 tntblic hearings to adopt the tentative budgets. 15 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COIvfMISSIONERS OF 16 COLLIER COUNTY, FLORIDA, that: 17 I. The proposed rrdllage rates as set forth in the attached Exhibit "A" and incorporated be~n are hereby t8 approved u the Cotmtys proposed millage rates pursuant to Section 129.03 and 200.065, Florida Statutes. 19 2. The public hearings to adopt the amended tentative budgets and fin. tl milhge rates and budgets, 20 rrspectively, pursuant to Section 200.065, Florida Statutes, will be held by the Board of County Commissioners on 21 Septengx~ 3, 1997 al 5:05 p.nc at the Collier County Government Center, Admlm*~amtion Buildiag, Thixd Floor 22 Boaxd Room, 3301 East Tamb. mi Trail, Naples, Florida and on Septembo 17, 1997 at 5:05 p.m. at the Collier 23 County Government Center, Administration Building, Third Floor Board Room, 3301 East Tamiami Trail, Naple% 24 Fiork~. This Re~lugon adopted this favoring same. _ day of 1997 af~ notion, second ttxl majority vote 27 28 3O 31 32 33 34 35 36 37 38 ATTE~: DWIGHT E. BROCK, Cleft: By:. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By:. D~puty ~ Timothy g Hancock, Chairman AGENDA ITEM No._~ e' ~') JUL 2 2 1997 eg. ,5' PRESENTATIONS AND SEL&CTION OF FINANCIAL ADVISORY FIRM OB~ECTIVE: That the Board of County Commissioners hear presentations from the three short-listed firms and select one firm to ser~e as Financial Advisor to Collier County. CONSIDERATIONS: The current three year agreement for financial advisory services with Raymond James & Associates, Inc. expired on April 1, 1997. On March 11, 1997 the Board authorized a ninety (90) day extension to this agreement under the same terms and conditions. Staff then prepared a Request For Proposals (RFP) to select a new Financial Advisor. Responses were received from five (5) firms. The County Finance Committee reviewed the proposals submitted by all respcndents interested in serving as Financial Advisor to Collier County Government and developed a short list of three firms based on staff rankings. The short list includes the following firm~: William R. Hough & Co. Public Financial Management (PFM), Inc. Southern Municipal Advisors (SMA), Inc. The Board directed that the three short-listed firms be invited to make brief presentations at a County C~ission meeting. At the conclusion of the presentations, the Board will rank the three firms in c.rder of preference. Until a contract agreement with the top ranked firm selected by the Board is executed, Raymond James & Associates, Inc., has agreed to remain as the County's Financial Advisor on an interim basis under the same ter~s and conditions of their existing agreement. In addition, to ensure continui=y, Raymond James & Associates, Inc., will also serve as the Financial Advisor on the Naples Park financing until that financing is c~pleted. ~RO~H HARA~EMENT IMPACT ~ None. FIS~%L i~PACT: The cost of service will be determined by the type · ~d frequency of service requested. Attached to this Hxecutive Su~u~ry is a matrix of cost for service as outlined in each proposal. AC~__NDA IT.d JUL 2 2 / P~CO~E~DATI~S, That the Board of County Co~missioners: 1) Hear presentations from the three firms short-listed by the County Finance Conxnittee, 2) Rank the three firms in order of preference, 3) Direct staff to enter into contract negotiations with the top ranked firm, 4) Authorize an extension to the existing financial advisor agreement with Raymond James & Associates, Inc. until a contract agreement with the top ranked firm selected by the Board is executed, and 5) Authorize Raymond James & Associates, Inc. to serve as Financial Advisor on the Naples Park financing until that financing is completed. Submitted by: Approved by, Rob~r~ Fi' ~ernandez, Coun ministrator DATE: AC.~NDA ~ ~. ' ~__~...~ JUL 2 2 1~7 Pg~ ~ COST MATRIX - FINANCIAL ADVISOR PROPOSALS William R. Hough & Co. Public Financial Management, SMA Southern i~ Inc. Municpal Advisors, Inc. P,~-~ner F~ None At the option of the Counly a negotiated None monthly retainer for u:,dmited financial planning services may be executed. For similar clients, the monthly retainer is approximately $2,500 - $3,600 a month. H°nrlY Costs for Work 'Performed Under Scope of Sorrier, Part~ter N/A N/A $ 100 Managing Director N/d, $175 N/A Senior Ofllce~ $175 N/A $90 Senior Managing N/A $160 N/A Officer $125 N/A $75 Consultant N/A $130 N/A Profe,~ional Staff $100_ N/A $65 Junior Staff $75 N/A $50 Support Slaff $25 $0 $35 Hourly Co~t~ for All Other Advisory Services farmer N/A N/A $ 100 nmaging Director N/A $175 N/A ior Officer $175 N/A $90 Senior Managing N/A $160 N/A Consultant Officer S 125 N/A S75 Consultant N/A $130 NIA Profeational Staff $100 N/A $65 Junior Staff $75 N/A $50 Support Staff -$25 $0 $35 Estimated Additional .... Cost for V/ora Performed Under Scepe of Services and Advi~ary Servlors Travel 'i'be above fe~s are exclusive of out- { PFM will be compensated for necc-~aary, At Cost Telephone/Telefax of-pocket expen.~"s incurred by reasonable, and documented out-of- Co~le~ William IL Hough & Co. Travel pocket ~4x-nses incurred for rostagr./Ch~ernight & expense~ otnsid~ of the County shall meaLx lodging telephone, mail, and Com~erSe~wices be reimbuned at cost and in othea, ordinary cost and any actual acxxnxtance with County guidelines, exWa~dinary c~n for ~'~phica, printing Such expenses shall be r~lated to all data ~ning and computer time travel, lodging and m~ts, a~l other whic~ ate incur~l by PFM. incidentals and ~all be documented Appr~e d~umentation will be Because of our local public finance - AGENDA I.T~ officers, ther~ will be no travel NO. ~) charges by any professional to the ,, . ~: To appoint 3 members lo 3 ye~ terms, expiring on $~ne 30, 1997, on the Contractors Licensing Board. CONSIDERATION~: The Contractors Licensing Board has 3 tcnus expiring on Sune 30, 1997,/n the category of General Contractor, Electrical Contractor, and Licensed Commercial Pool/Spa Contractor. This 9 member board determines the qualifications of applicants for the various categor,~es of the Contractors' Certificates of Competency. They also hold heatings to detennine ii'the holder ora ~:ertificate of competency of any contractor, master or journeyman should be disciplined. A minimum of 2 members shall reside within the corporate city limits of Naples or shall be I~ecommended to the Board o£County Commissioners by the Naples City Council. Member~ are ~xtuired to file a Form I Statement of Financial Interests each year with the Supervisor of Elections. Terms are 3 years. A list of the current membership is included in the backup. A press relcase was issued and resumes were received from tl',e following 4 interested citizens: A P~J~ ~ ELECTOI~ lUchard E. Joslin, Jr. (re-appt) 5 yes (Licensed Commercial Pool/Spa Contractor Robert P. Meister, Jr. (re-appt) (Oeneral Contractor) G~,)' 1~ Beaumont (r~-a~pt) (.Electrical Contractor) 2 ye~ 'l'homas A. Megger (new appt.) I yes (;Electrical Contractor) ~;OMMI'I'TEE RECOMMENI}&TION: Quasi lud~. r~ommendatiom not accepted. l~f_~: Section Seven (b.) (1) of Ordiu,nee 86-41 states "Terms of office for Board members shah be limited to two consecutive terms of ser~lc~ on auy one Board..." Under ~l) of the same section, it is not~ that "By a unantmotts vote of the Commlssl.,~n, the limitations set forth in subsection (b) (1) above may !~ waived". Aeeordin~ to available records, ~ has served two 3 year terms. Should the Board v~lsh to r~- appoint ~ar~ R, Bennmo~t, the limitations on two co~eeuti~e terms will need AGENDA ITEM ,o. /~/,~ ,,~ JUL 22 gg7 A~ead~ D~te: July ~.., 1997 MEMORANDUM DATE: TO: FROM: June 17, 1997 Sue Filson Thomas F. Banoe Contra~or Licensing Investigator Vacancies on the Contractor's Licensing Board R/chard E. Joslin, Jr. b a Collier County Licensed Commercial Pool Spa Contractor and is eligible to serce on the board. Robert p. Meister, Jr. i.~ a serve on the board. State of Florida Licensed ~ Commctor and is eligible to Gary R. Beaumont is a State of Florida Licensed Ele~aical Con.actor and is eligible to serve on the boa. rd. Thomas A. Megger is a Collier County Licensed Electrical Con~ and h eligSble to sera,e on the boarcL If you have any questionz pleurae call me al 403-2450. AGENOA 4TEel JUL 22 1997 Pg. ~? Notre Contractors Licensing Board F,'ork Phone Appt'd ' Exp. Date Home Phone Datel{e.apl;t 2ndF~Date 77~-~a~a 07/23/91 06/30/92 6/13/95 06/30/98 Michael Pedone 775-1 5174 Mabry Drive Naples, FL 34112 District: l Category: Specialty Conu-actor c~3-2aa 1 Gary F. HaTes 1475 Curlew Avenue Naples, FL 34102 District: 2 Category: Specialty Contractor/Plumbing Ax~.ta' F. Schoenfuss 597-7544 649-6345 5110 Seashell Avenue Naples, FL 34103 District: 4 Category: Engineer Dardel Goazalez 2654 Poinciana' Drive Naples, FL 34114 District: 4 Category: P. esidendal Conu'actor P, obert P. MeLter 22 4th Avenue South 262-8565 Naples, FL 34102 Divert'ct: 4 Category: Gener, tl Contractor Richard E. $ostia, $95 13th Street, N.W. 09/26/95 06/30/96 6/11/96 06/30/99 06/13/95 06130/98 43a.~ 11107/95 06130198 04718195 0630197 06/11/96 06/30/97 Naples, FL 34117 District: 5 Category: Li~ Commercial Pool/Spa Coalx Humbert Gr~___~xi ~5-~81 6/11/96 3725 Duchess Dciv~ Napl~a, FL 34112 D~'r/at: 1 Cattgory: C~a~ Co~tra~ 4584 Mercantile Av~, ~ Haples. FL 34104 Di.s'tr~: 2 Category: Electrical Contrac~r 07/23/91 06/30/94 sr2/94 06/30/97 2nd 2'erm t Year 3 Year~ -lYear 3 Yea~ 3 Years 3 Yeat~ 2 Year~ "'/ 3 Year~ ,/C JUL 22 19137 Pg'-- '~r - Name Contractors Licensing Board Work Phone Appt'd Exp. Date Home Phont DateRe-~pt 2nd~Date 2nd Term La Diclcson 202 Monterey Drive Naples, FL 34119 District: 3 Category: Roofing Contractor 643-1616 06/11/96 06/30/99 3 Years This 9 member board wa~ created by Ord. No. 78-2, 85-42, 90-105, 92-61 to determine the qualifY, cations of app;icants for the vadous categories of the Contractom' Certificates of Competency. They also hold heanngs to determine if a c~rt~=ate of competency of any cont~ct~r, master or journeyman should be ravokad. A minimum of 2 memb~,s shall reside within the corpcn~te c~ I{m{ts of Naples or shall be nacomm~lded to the BCC by the Naples City Council. IVtern~m ars required to file a Form 1 Statement of I~nancial Intara~t aact~ year wfth t~e Supervisor of Elect~ons. Terms are 3 years. This is · Quasi Judicial Board. Staff.' Tom Bartoe, Code Enforcement: 643-8450 Frata~, Jst~ 21_ I - AG£NDA ITEH JUl. 22 ~ MEMORANDUM RECEIVED i~,..d ~ ~ ,-,-, .~*.. ~, ., -..-. DATE: TO: FROM: June 16, 1997 Vinell Hills, Electior~ Office Sue Filson, AdmLrfistrative 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 commit'tees. 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_Q_UTKACTO RS LICENSFNO B_B_9_AiL[I Richard E. Joslin, Jr. 595 13' Street, N.W. Naples, FL 34120 Robert P. Meister, Jr. 22 4'" Avenue South Naples, FL 34102 Gary R. Beaumont 458a Mercantile Avenue, Naples, FL 34 ! 04 Thorna~ A. Megger 4920 Molokai Drive Naples, FL 34112 ~QMMISSION D[STRICT Tlmnk you for your help. JUL 22 lg 17 DATE: TO: FROM: MEMORANDU~ Jun.- 16, 1997 Thomas F. Banoe, Contractor Licensi~.v~tigator Sue Filson, Administrative Board of County Commissioneta Contractor's Licensing Board As you know, we currendy have 3 vacancies on thc above-referenced advisory committ~. A pr~s release was issued requesting citizens interested in serving on this committe~ to ~ulmait a resume for consideration. I have attached the re~nnes received for your review as folloves: Richard E. Joslin, Jr. 595 13* Street, N.W. Naples, FL 34120 Rol~rt P. Meister, Jr. 22 4* Avenue South Naples, FL 34102 Gary R_ Beaumont 4584 Mercantile Avenue, gE Naples, FL 34104 ~aomas A. Megger 4920 Molokai Drive Naples, FL 34112 Pl,,.ase categorize the applicant~ in areas of experthe, and I will tnvpau~ an executive summary for the Board's consideration. If you have any que~ona, please call n~ ~t 774-8097. Tl~mk you for your attention to ~ matter. SF Ara~:hments JUL 22 1997 MAY 16, 1997 THO,MAS A. MEGGER 4920 MOLOKAI DR NAPLES, FL. 34112 PHONE: (941 ) 732-8656 BACKGROUND: I. 1992 TO PRESENT: MASTER ELECTRICIAN, MEGGER ELECTRIC SERVICE INC. 2. 191~7 TO 1992 BAY ELECTRIC 3. 191~7 TO 1987 CONDEE COOLING AND ELECTRIC 4. 1992 TO 1984 .~ACKSON ELECTRIC 5. 1980 TO 1982 COLLIER ELECTRIC 6. APRIL OF 1980 RECEIVED JOURNEYMAN ELECTRIC LICENSE 7. TAUGHT FIRST YEAR APPRENTICE AT VO TECH 1995-1996 SUNRISE POOLS 5g~ 13TH STREET N.W. · NAPLES, FLORIDA 33964 - (941) RECEIVED April 30, 1997 Collier County Commissioners Government Complex 3301 East Tamiami Trail Naples, FL 34112 Bldg. F 3rd Floor Attention: Sue Filson Dear Sirs: I~ is with great respect that I may be allowed to submit this resume for a 2nd year, for my company, the swimming pool industry, and myself as the qualifier for the opportunity to serve on the Contractor Liscensing Board as a Specialty Boar4 member. Please allow me to introduce myself. My name is Richard E. Joslin, Jr. 595-13th St. N.W. ( Naples? FL 34120 OtRP 00053027 SPC 30 City ~27 I have been a Naples resident since 1975 working my first job in Naples as a ma~intenance and repairman for DABCO Pools under the owner Dean A. Briscoe~ for approximately 2 years. Upon leaving his employment I was hired by Southwest Pool Services as a Construction/Repair/Maintenance supervisor. My first assignment for this company, I was sent to Key West, Florida in which I totally re-furbished the 30' x 60' commercial pool at the Holiday Inn, including all new plumbing around the entire pool, complete new filtering system, and extensive repairs to the all tile interior as w~ll as the all tile deck system, engineered by Bruns and inspected to pass H2S codss. Since that time, in 1984 I made the choice to own and operate my own business in which Sunrise Pools of Naples was started. Since the beginning . of mF company I have always tried to do the best for my customers and to give them a product that would be the best I could provide, and the years of service they paid for. With this in mind I have been able to continue these Bmny years in business with minimal advertising and base around referal~s and word of mouth· ~ ~hich I was on the Board as the Marcite Chairman for 2 yea~ dealing with arbitration case:~ between pool contractors and Oconflic~s. vms a founding member of the Collier County Pool & Spa Association in ~ ~1993-1994) hom~r ST~ .o. /D JUL 22 SUNRISE POOLS .. OF NAPLES, INC. 595 13TH STREET N.W. · NAPLES, FLORIDA 33964 · (941) 455-5000 I was very involved during the same time with the County Officials in the permitting process, and ways to speed the commercial and residential permitting procedures. .I now am also a member of the National Pool and Spa Association and for 2 years (November 29, 1994 - Present) have been on the Board of Directors for the Florida Gulf Coast Chapter. In November 1996, I was elected Presi,~ent of the Florida Gulf Coast Chapter. Recogonized by many of my business competetors, I have been asked to give expert advise to calm mis-co~munication between contractor/homeowner situation= and have been successful most of the time. The S~ri~ming Pool Industry as a whole is a very complex series of many trades, and I feel there is a need for a specialty contractor like myself to help ask the right questions to obtain the information so the Licensing Board Will always be able to make the proper decisions when a d~sagreement arisee~. I am certain my years of experience in all phases of the Swimming Pool ~usiness will be useful to the other members of the Board as Well as the License Holders, and the general public. REFERENCES: Ray Harris - Ronto Development - 4000 sq. ft. Commercial 394-5197 Jack ~[rugger - Kennsington Country Club - 3800 sq. ft. Commercial 263-6000 John Globetti - ~thur Rutenberg - 5 yr. Contractor Business 597-1120 Thomas Bartoe - Code Enforcement _ Collier County 643-8450 Paul Balzano - Code Enforcement - Collier County 643-8451 MEMBERSHIPS: CBIA Collier County American Sub-contractors Association Better Business Association Collier county Pool and Spa Association National Pool and Spa Association- PRESIDENT - Florida Gulf Coast Chapter Contractors Licensing Board - 1996-1997 Thank you for any consideration you may give me regarding this ~atter. If you have any questions please feel free to call me anytime. My number is (941) 455-5000. Thank you, again. Stnderely, Richard E. Joslin, Jr. President Sunrise Pool ~o. JUL 22 ~ __J IIq_ GULF COAST Construction, Inc. HAY 5 1997 ~oar~ of Count'/ I April 30, 1997 Ms. Sue Filson, Administrative Assistant Boara of Coanty Commissioners 3301 East Tamiami Trail Naples, FL 34112-4977 Re: Contratnors Licensing Board Dear Ms. Filson, At this time I would like to express my desire to be re=appointed to the Contractors Licensin~ Board. With my prior experience of being a Chaffer Member of the Code Enforcement Board for the City of Naples along with bering a member of the Planning and Advisory Board, I feel I can be of value to the County if re-appointed to this board. GULF COAST CONSTRUCTION, Robert P. Meister, Jr. President JUL 22 1997 II. i ! II ! WORK EXPERIENCE 1995 to Pre~-,t 1983 to 1995 1968 to 1983 1964 to 1968 1962 to 1964 1956 to 1962 QUALIFICATIONS 'KFTILIATIONS EDUCATION ROBERT P. lV~.ISTER~ GULF COAST CONSTP. UClION, president/CEO GULF COAST CONSTRUCTION, INC. Prefidexu/CEO EAGL~ CREEK PROPE. RT[~, INC. V~cc Preaident/CEO CONTRACTING CO. prt~iden~/CEO/C, eneral Manager ~ CONTRA,~G CO. Vice Presiden~General Manager ~ CONTRACTING CO. Project Manager/SuperintendenV'Estimato r MEISTER CONTI~G CO. Worked Summer~ ~.nd Holidays State Licensed General Goer City of Naples Code Eaforcemem Consu-uction Trade Insu'uction Napi~ Pl~ning ~d ~vho~ ~ Collier ~unty ~n~mr's ~m~g Bo~ Naples Wilderne~ Program, Past Pr~idem Collier Building Industry A$~fation Florida Construction Industry IAcemlng Board Naple~ Sailing & Yacht Club Collier Coun~/Sheriffs Commissioner Kansas State University Tri-St~e Colleg~ Associate Degree in Business Administration RECEIVED MAY 15 1~97 ~oard oE Collier County Co,~tssiooers 3301 ~. Ta.auL&ad. Trail ~ples, Florid~ 34112 A~cn: Sue Filson, Ax:balm. A~sis~nC Please b~ advised cbac I would Like to be reappotmced co the ~ncraccor's I ~ve acluded ~ u~ic~d ~es~ and s~cmnc o~ ~c~i ~Cerescs. ~s~ you in advice for ~ur co~idera~u o~ C~ ~cCer. S~ertly, eu~l. AGENDA No. /~ JUL 22 t997 ~,~. /'..~ ~ ~,~ERCAN'nLE AVE. · ~ s:. NAA.ES, FLORIDA 34'~G4.. (~1) 643.451S - FAX (g~l) ~- Zduca C. ion One S(mesr.~- or' Con~c.cvc'cion Technoloqy SCa'CS CTT~f~Z'I~Cy oC S~.of~ Bt'~)Ok, ET Th~ I~Sr~rs as ~clinc~ W~.~ X~ll. vil?.s ~lg2~ ~cb~ol, SeC,4vJcec, ~ Dlp~la 1~?1 Collier Count7 Lice~inq ~ C~C02L76 Zc 0001047 049 KZ AGENO~ ITEIVJ~ ~o../~ JUL 22 1997 Pg' /7 , t: FORM I STATEMENT OF FINANCIAL INTERESTS 1994; 6664 ~E~L/~GTdN UKLV~ O ~ JUL 22 19.97 /~.~ OF CREC~TC~ AGEND$ ~TE~ JUL 22 1997 FLORIDA ~'~ URBAN INSTITUTE. INC, . e: ,8 l~ 4~.55.2..e,,1 ~: To appoint 1 rncmber to fulfill the remainder ora vacant term, expiring on September 30, I998. C()NSIDERATIONS_:. This 7 member comm/_-._-e_ acts in an advisory capacity to the Board in rrmtters dealing w/th the review and ev~luntion of specific zoning and development petitions and their impact on the regulation, control, management, use or exploitation of any or all natural resources of or within Collier County. Members shall demonstrate evidence of expertise in one or mo~ of the following areas rel~_t_,yJ to environmental pwtection and natmal resources mzaagem~nt: Air Quality, Biology (including any of the sub-disciplines such as botany, ecology, zoolo~,, etc.), Coastal Processes, Estuatin¢ Proces~s. Hazardous Waste, Hydrogeology, Hydrology, Hydraulics, Land Use Law, Land Use Planning, Pollution Control, Solid Waste, Stormwater Management, Water Reso~ Wildlife Management. or other representative areas deemed appropriate by the Board such as, bu~ not limited to, a ~tativo of~he dcvelopment commuail-y. Members are required to file a Form I Statement of Financial Interest each year with the Supervisor of Elections. Tc~tas are 4 years. A list of thc currant membership is included in the backup. 'Mark Lamoureux resil~ned on May 6, 1997. A press release was is.,med and r,-'sumes were received from the following 6 inter~sto, t citizen.s: .luIie E. Fr~eland (Chcmical/F_avironmental Eng.) 4 Da.vid E. Bryant (Political Science/Attorney) 4 W~Iliara W. Hill ('Engineer) 4 Daniel C. McLean (Chem/cal Engineer) 2 Gary W. Hya~ (BiololD,/ZoelolD,) 1 lVStrco A. Espinar ('Biology) 3 RECONIME _ND~tlIQIX: Attic E. Fr~ela~d - I vote Daniel C. McLean - 2 votes Ga~ W. Hyatt- 1 vote Marco A. F-..,pinar - 2 vo~es NONE yes yes yes yes yes A4;enda Date: G]tOW'I'H MANAGEMF_.NT I1HPACT: NONE RIiCO ~MIv[ENDATIOI~: That the Board of Count~ Commissioners con.sider the recommendation for appointment; N~o/at 1 member to fuifall the remainder ofthe vn~at ~ and, direct the County Attorney to lmepn~ a resolution confn-miag the appoiv' ~._ AGENOA ,I'*T E ~d - Pr~epared By: Sue F/lson, Administrati~ Assistant No.~ Board of County Commi~oners JUl. 22 1997 COUNTy GOV.~ I"AC~ 2/'! FROM: MEMORANDUM Sue Filson, Adm/nistrative Assistant Board of County Commissioners Barbara $. Burge~on Environmental SPecial~st II .DATE: June 30, 1997 R~: ZAB ~plicants David ~. Bryant: ~illiam ~. Hill: Staff has reviewed the five applicants for the open position for the F2~B and finds that they are all well qualified and appear to be equally good candidates to fill the vacancy. The Current ~A~ members each voted for their first choice to fill this vacancy and those results ar~ as follows: 1 vote for Julie Freeland, 2 votes for Daniel McLean, 1 vote for Gary Hyatt and 2 votes for Marco Espinar. The following is a summary of the cand/dates for the position: Julie g. ~reeland: BS An Chem/cal/ E~Viror~mental Engineering. Has I ~ Years experience at ~ole, Monteu & Assoc. as Assistant ~roJect E~gineer and 1 year eXperie~ce at Wilson, M/ller Barton & ~eek as Projec~ Engineer. BA in Polttica/ Science / JD in Law Attorney in Florida since 1975. Assistant County Attorney fro~ 1993 to 1996. Private practice 1996 to Present. B$ in Chemica~ Engineering / MS in Aeronautica/ Engineering / Ph.D. Acade~/cs and A~min/strative ex JUL 22 19 37 JUL.-e2-9? 83,39 FROH,COLLIER COUNTY GOV.~ PAG; 3/'3 Daniel C. McLean: Gary W. Hyatt: Marco A. Espinar: from 1961 to 1993. Engineering consultant from 1992 to 1996. Presen=ly retired. 8S and MS in Chemical Engineering. President for Engineering Consul=an=s 1970 to 1976. D~rector and/or Senior/Chief Engineer for =hree firms from 1976 to 1996. Presently re=ired. BA and MS ~n Biology / Ph.D. in loology. Undergraduate teaching in biology from 1973 to 1980. Proctor and Gamble from 1980 to 199;. Faculty at Ed/son Community College 1997 ~o present. BS in Biology. Has 7 years experie~ce in environmental ~ermitting, planning and compliance in SW Flor/da. O~ner of Environm~ntal Consul=lng firm in Naples s~nce ~995. AGENDA ]:TEI~ JUL 22 ~97 pg~ '~ ...0 DATE: TO: FROM: MEMORANDUM 1ua¢ 2, 1997 Vincll Hills, Elections Offic~ _~ , Sue Filson, Administrative Assista~; I Board of Couaty Commi.~ion~r~ RECEIVED JUN I 997 ?.C'-' *" '~'.~.'.' '.C.~--;~ ', 97 JU~-2 :?, f: aS · -"' ;'.: ,~.C'k': :;.'.';, '..: .- .. ..? RE: Voter Registration - Advisory Board Appoiatmm~ Thc Boa.rd of County Commis~ionc~ will soon eon~ider th~ follo,ving individuals for appoi~.~n~at to one of thc county's advisory eommirt~-~. PI~.~ let m~ know iftho~ list~l below are registered votem ia Collier County. Also, please list the commission dLs~ct ia which each applicant r~des. ~ONMENTAL ADVISORY BOARD_ ~$uli¢ E. Freelaad 2021 Fredc-rick Str~ ~--0 Naples, FL 34112 David E. Bryant 2123 River Reach Drive t~ Naples, FL 34104 COMMISSION DISTRICT William W. }{ill 1065 Gulfshore Boulevard, N.,//-413 Napk~, FL 34102 q Daniel C. McLean 835 Bentwater Circle, Unit 103 /~ ye.5 Naples, FL 34108 .75~ ;1 G, ~ Gary W. Hyatt · ~0 Se~view Court Marco Inland, FL 34145 ~,$.22v'7' Marco A. Es:pinaz 3880 Estey Avenue Naples, FL 34104 /,5'~ g'3 0 you f~r your help. Name Environ mental Advisory Board Work Phon~ Appt'd Exp. Dat~ Homt Phon~ DatzRe-apln 2ndF. xpDate 2nd Term Mark L~ao~ ..~5~ 193 Ridge Drive Naples, FL 341 D/rtr/cx- 2 Category: Chxiz,dae D. Straxoa 1441 GuLf Coast Drive Naples, FL 34110 D lxtrtct: 2 Category: Eagle Protection George H. Hermaasoa 811 Pitch Apple Lane Naples, FL 34108 District: 2 Category: Profe~iooal Engineer Paul I:. Hi~chcliff 3581 29th Aver. ue Naples, FL 34117 District: 3 Category: Natural Resource Mgrat. M. Michel Szadeh 5995 Tenth Avenue, S.W. 77~.$1~ Naples, FL 341 l) i.~rict: Caugory: Laad Use Biaix A. 1:oIey 1033 Oak Forest Drive Naples, FL 34104 David S. W'flkisoa eaZ-2404 68'20 Danieb Road Naplea, FL 34109 Cat~ory: Envi~amemal 597-5,.~S 09/'24/96 09/30/98 2 Yea~ 5~7-7974 090.2/92 09/30/93 I Year 9/21/93 09/30/97 4 Years 262-4617 09/24791 09/30/94 3 Years 8/16/94 09/30/98 4 Years 09/21/93 09/30/96 3 Year~ 9/24/96 09/30/00 4 Yeats 090.2/92 09/30/96 4 Years 9/24/96 09/30/00 4 Years s,c3-2324 02/15/94 09/30/95 5 Years 7S3-5~7 9/26/95 09/30/99 4 Years 09/21/93 09/30/97 4 Y~ar~ I JUL 22 f997 e Environmental Advisory Board 1Vame IP'ork Phone ,4ppt'd Ex~ Date :Term Home Phone DateRe-appt 2~.d~.xpDate 2nd :Term This 7 member commtttae was creatad on 07/'30/91 by On:l. No. 91-68, repealed by LDC Ord. NO. 91-102, to act in an advt~3ry ¢al:~c/ty evaluat/~3n of spec/fie zoning and development pelttlon~ and bhelr ~ on Eta r~, conill, management, use or ext~o/tat;on of any oeall natu~ re~umea of orwilhin Coaler County, Termaam4yeam, Memberamu~tflieagorm 1 year w~ ~e Supenasor of ~ $1alament of F'a~x:tal bWerest each MEMORANDUM DATE: June 2, 1997 TO: Barba~ Bm'geson, Environmental Spe~iali.~t II Current Planning .~ , FROM: Sue Filsort, AdmlnL~trative A.ssi$ta/lt/O, ' Board of County Commissioners ~' RE: Environmental Advisory Board As you know, we curr~tly have I vacancy on the above-referenced adv/sory corem/tree. A press releas~ was issued requesting cit/zens in~ in serving on this corem/nee to submit a resume for consideration. I have attached the resumes r~ceived for your rev/ew as follows: Juli¢ E. Free[and 2021 Frederick Street Naples, FL 34112 David E. Bry~t 2123 Pdver Reach Drive Naples, FL 34104 William W. Hill 1065 Oulfshore Boulevard, N.,//413 Naples, FL 34102 Daniel C. McLean 835 Bentwater Circle, Unit 103 Naples, FL 34108 Gary W. Hyatt 440 Seaview Court Mar~ Island, FL 34145 Marco A. Es pinar 3880 Esley Avenue Naples, FL 34104 Please let me know, in writing, the recommendation ofthe advisory committee for appointment and I v,511 prcpvxe an executive summary for the Board's consideration. Pl~us~ applicants in areas of expertise. Lfyou have any questions, please call me at Thank you for your a~mtion to this maxter. SF Attachments May 24, 1997 ~ Ms. Fi/soo: would I~ to g~ply for the vncant position o~ the Env/ro~me~tal Adv/sory Bo~L My appear ~ ~ ~ I~e ~ ~e n~ of~e ~mi~. ~ a n~ ~ Napl~ ~o ~ ~ a~i~ ~t~ in · e ~ ~g~ in Napl~ ~r~ the ~ ~W~. =~ll~t ~ fm ~e ~m~i~ ~d I ~ld I~e to ~e a ~ of~ ~1 ~~. My ~tim ~ a ~ ~ ~ ~ ~1~. ~ ~d ~ ~ }~ hel~ me m ~e ~11 ~ ~ ~e ~ ~d =~l~t ~ ~ my ~d ~d ~ S~n~-rely, J~,.lie E. ~reeland AGENDA JUL 22 2021 Frederick Street Naples, FL 34112 Wlbo~, Miller, Bar~oo & Perk, inc., Naple~, FL~[QNAL E~P£R/£NC~. Pro]ec~ Engineer March ! 996-Pre~ent · Land planning, civil engineering and site development plans. · Ex~ensive wodc in thc areas orgrading and drainage designs. · Use o£AutoCAD to co~tplete c~ign. · Preparing proposals, quantity take-offeounts, and specifications. Ueive~lty of Oklahoma, Norman, OK Gradttaf.. RtsearcA/l~lstent Augus~ 1996-February 1997 ·Taught a Chern ical Enginecring Senior Design Laborato~7 which included: teaching Fundamental design conc:etxs to · class otrsixttnm stu&mts, assignmen! ofgrades, prepaz~ng /]L'n evaporator, packed tow~ unit, CSTR. and repairing ~ab equlpmenL Lab equipment includes: climbing ' ~ch duti~ included liquid-liquid cxa'aclion, a/t membrane sfl:nu~or, and pro~eln electrophoresis. TOC designing experimentation for the analysis or'petroleum CO, laminated soils using the I'~PLC, GC, analyzers while maintaining OSHA approved hazardous materiMs handling prolocol. Obtained HAZWOPER and Confined Space Certification. Certified by OS/IA to lead · hazardous spill clean, up team. ' Research field work included ordering equipment for large scale resting of tZ,- laboratory pilo~ r~ediat~on project. Hole, Moates ·ed Associates, Naples. FL .4~l~tan~ Project Engineer October 1994-April 1996 · Worked as oan of· civil engineering design team on · 10 mgd surface water discharge and also residential reuse), advanced wastc-.atcr treatment plant (nutrient removal for + Completed numerous operazing permits for water and wa.ncwate~ treat,-neat facilities. Permitting included preparation of capacity analysis rcpor-ts, bid openings, and design meetings with city and county o~ciaL~ ~ Attended pre-bid mc~ings, bid openings, and design " Aided in the pr~:l~aration ofspeci§cations and me~ings w~th city and county o~cials. proposals. " Performed projec~ specific computations on unique projects using Excel programming techniques. O ' Presented designs through the use of AUtoCAD release 12 and 13. Un/*ersity of Florida-institute for Food & Agricultnral Science, /mmoka/ce, FL Reseerck CAernl~t July [99a-October 1994 ~ Analyzed soil, wat~, and ' Nitrogen Method. plant t/ssue samplcs by using: HI, LC, GC, flame Pho~ornetry, spectrophotomclry, Kjc~dahI · Performed ma~tenance on and ensured proper ca/iht·lion of lab ins~'umentation. · Rebuilt and modified equipment for us~ in field t~ing using AutoCAD for preliminary designs. · Maintained qutdity con~.ol s)'stcms and techniques. · Us~ FORTRAN to write chemical calculation pro.ams.-- Florida Iartttute or Technology, Me~oourne, FL ~ · acAelor of Science Degree ~lt& lienor-.. Chemical/Environmental Eng/~ee~iz~ May 1994 AGENDA ITEM - JUL 22 lgg7 DAVID E. BRYANT At~orne~l A~ Law 34104 ~0~ 941- 43~- 0~30 May 20, 1997 Ms. Sue Filson Office of thc Board of County Commissionet~ 3301 East Tarniami Tradl Naples, F]orida 34112 RECEIVED Board ct' County Co~isslone RE: Collier County Environmental Advisory Board Vacancy Dear Ms. Filson: Please accept this letter and my attached curriculum vitae as my application to apply for thc vacancy on the Environmental Advisory Board for thc Coil/er County Board of Commissioners. I believe that my legal background together with my experience in state and local government qualify me to sit on this Board. Additionally, I submit that my r~esentation of both Collier County ,and Eseambia County provided to me unique experieaces that could ~ the F. nvinanne~al Ad~ Board to the Collie~ County Board of commL%'ione~ ~ it comider~ various em'ironm~ ~ use m~d pl,~uzflng ~ Specifically, my expoSence as the It.d cotm,~l for Escau~i ~mty, Florida, in its compr~.hensive Phm iitigation w/th the Department ofCommuaity Affair~, which considered the Compmhea~ive P'lan for coastal Escambia county, provided to me a unique educational and laml use exl~ience that would assist me in considering matte~ befor~ the Environmental Advisory Board as it makes its recommendations to the Collier County Board of Commissiono~ Therefore, please forward my letter of inter~st together with my curriculum vitae to the Committee for its rm4ew and consideration for ~ vacancy. The time ~ as.vi~anc¢ you accord this matter is gr~ly at~-eci._t_,rd' With k/nd regards, I mmldn DEB/wbk Enc:lo~.n.~ Very truly yours, DAVID F.. BRYANT ,. DAVID E. BRYANT, ESQUIRE · AGENpA IT. EH ')ut. 22 DAVID E. BRYANT Addre~es: Home: DAVID E. BRYANT, C~ 215 Ah'port ~ South Naples, Florida 34104 Telephone: [941] 435-0550 FaimtmJ]e: (941) 649-8967 2123 River Reach Drive Naples. Florida 34104 Telephone: (941) 643-2668 Ao Bo EDUCATION PREPARATION: University of West Florida Pensacola. Florida Stet~n University Colleg,-. of Law SL Petersburg, Florida EDUCATION HONORS: Prov~t Scholar Presidential Scholar First Chief Justlce~ Univer~ty ,Judiciary Out.sianding ParUcipant Moot Court Competition PROFESSIOI/AL EXPERIENCE: Asa/~tant County Attorney Oflk:e ~f the County Attorney Collier County. Florida -1- BA-MaJon Poetical science~~ent 1970 JD - Major: Lame' 1974 Un/verity of West l~.onda U~ orWe~t norida Uutver~t), of West Florida Stetson Un/verslty College of Law 1996 - ~t Naples and Tamp~ I~onda 1993- 1996 Naples. Florida AGENDA ITEN -- JUL 22 1997 Assistant County Attorney Office of the County Attorney Escambta County, Florida 1991 - 1992 Private Legal Pr'act/ce Legal Partnership tn/bm of Bryant and Epperson. PA Special Counsel Hillsborough Community College Board of Trustees 1986- 1991 Tampa. Florida 1979- 1986 Tampa. Florida 1979- 1981 Tampa. Florida Chief, Felony Dlv~lon Ass~ta. nt State Attorney Thtrteenth Judlc/al Circuit 1975- 1979 Tampa. Florida Exec-ut/ve Assistant and ,Senatorial Aid to Senator Guy Spicola. during the 1975 Florida leglslat/ve session 1975 Tampa. Florida Do Legal Assistant, Senator John, Ware. Minority I~ader of the Florida Senate LITIGATION EXPEREENCES: 1972- 1974 1. Private Representation: PlalntlE and defense representation involving all areas of practice. bo "PRO' negotiation, trtal, and settlement for physicians, acute care, long term and psychiatric tnstttutions. Preparation. negotiation, settlement, and/or trial of personal tnJury matters. ~ive criminal defc-n__se lnvobement Including representaUon of mecll~ and health care ~ in DEA fi'aud, medicare m:d medicaid Represen~n and m-service training of Emergency Medical Service tn DNR/ltvh~g will. and ri,ak management matte~. Znve~t/gatio:a and prosecution of srlm~.stratl~ officials, including the Pre.lent of H~ .m._borough Commtmity College, T JUl. 22 4o g. Prosecution and defense of adm~nlatratlve licensure matters trial before DOAH through review on appeal Contract Counsel, Department of Professional Regulation ($tatewlde 1983- 1989): fl-om Construction Industry b. Appellate Representation: Board of Medicine 3. A.s.sts~ant State Attorney:. Chief of Felony Dlvlsiorc 1. Responsible for supervision of other felony attorn~,s. 2. Mar~ed and Personally tried mo~t significant t~mecuted in the following areas: 1. Traffic ~ 2. Juvenile Division 4. Felony Division F~ ~ Mur~ to Dr~r~ WhUe m~ Asststant County .~eT.' ~m Count~. Le~d ~ for the Cotulty itl thr~ week DOAH heartug with the Department of Counnumty Affairs over the Compr~hensl~ Plan for the County. -3- JUL 22 Legal counsel to the Zoning Board of Adjustment for Escambla County, Florida. Legal Counsel to the Planning Board for Escambia County, Florida Legal designee to the Concurrency Review/Ves~ng Committee for the County. f. Legal representative to the Subdivision Regulation Review Committee for the County. g. Legal Representative to the Transportation Access Management Review Committee. o Assistant County Attorney, Collier County:. a. Overall litigation responsibility for all matters wherein the Board of County Commissioners is a named defendant. Prosecution of matters before the Code Enforcement Board for the Collier County Compliance Services Department. Eminent Domain representation for Collier County for the Capital projects, Utilities and Transportation Departments. Foreclosure responsibility in all matters dealing with lien enforcement and special taxing district au~orlty. TRANSACTIONAL EXPERIENCES: 1. Real Estate Counsel, managed the following; a. Responsible for dosing certain commercial and residential loans. b. Extensive experience in troubled loa~ work out and foreclosure. c. Cr~atton of various ~ estate contracts and agreements. OTHER PROFESSIONAL EXPERIENCES 1. Succeesfully completed the Health Care Risk Management Program held at the University of South Florida. 2. Legislative liaison and management Involvtng go'~mmental ~ and legl~lation for Senator Splcola. 3. Adjunct Professor. St Petersburg Junior College. 4. 'Hats Off Awant,' Pensacola Association of R~altors, 1992. -4- AG£NOA (~T£N NO. /~ , - JUL 22 1997 5. "Success Series" Instructor PeT~ola A~soc~tlon of ~to~, 1991-1993. CO~~ ~ ~E~: S~te of ~o~da, De~t of He~ ~d ~m~ ~c~, Emerg~ M~ Se~ ~ ~ ~ Mem~, 1~1-1~4. 2. Emergen~ Me~ ~ce~ State P~ Co~, 1~2-1~4. 3. ~~e ~w Co~, ~e ~o~ 4. H~ ~w Co~, ~e ~o~da B~. 5. ~E ~y Co~e, ~e ~o~da 6. En~en~ ~w ~d ~d U~ Co~, ~e 7. Cen~ ~o~da Medi~ M~pm~ C~ ~cfl. 8. N~onal ~~o~ of ~tors. 9. Pe~cola ~c~5on of ~to~, ~c., me~r of ~e ~ of D~to~, 1991-1992 ~d 1~2-1993. 10. Pe~cola ~~on of ~to~ Fo~daSon, ~c., me~r of ~e of D~e~, 1992-1~4. 11. T~pa ~d of ~to~. 12. 1~ F~ends of~o~da. 13. Pe~co~ Co~ Club. 14. Co~ ~ ~ ~~on PRO~IO~ ~CENSU~ ~ CE~~ON: ~e ~o~a ~ - 1974 - ~179~ U~ S~t~ Sup~e Co~ - ~ 10, 1978 U~t~ Sm~ ~ Co~ - ~d~e D~ of ~oflda ~o~da ~ Es~ B~ker - 1986 - BK ~~ AG~N01 ITf~ ~oflda MorgUe Brok~ - 1986 - JUL 22 RECEIVED HAY ~.~ 1397 8oarr) of Caun,'...' ~.:anfssfene~s 21 May, [99'/ Ms. Sue Filson, Administrative Assistant Board of County Commissioners 3301 U.S. 41 East Naples, Fla. 34112 Re: Environmental Advisory Board Dear Ms. Filson: It is my understanding that a vacancy exists on the Collier County Environmental Advisory Board. I would be pleased to be considered for this appointment. A brief Professional Summary is enclosed. I have had a varied background in the engineering field, and feel that I might have something to offer to the many environmental problems faced by Collier County officials. I relocated to Naples approximately nine months ago, and am a registered voter and property owner. It is important to participate in ones's adopted community, and this could be an appropriate opportunity. Thank you for your consideration. Sincerely, William W. Hill JUL 22 ~ p.. /~ william W. Hill Professional Summary 1065 Gulfshore Blvd. N. No. 413 Naples, Fl. 34102 941/435-3534 ~DUCATION B.S.M.E. M.S.A.E. Ph.D. Georgia Institute of Technology Purdue University Colorado State University ACADEMIC A~D ADMINISTRATIVE EXPERIENCE Purdue University Instructor, School of Aeronautical Engineering and Engineering Sciences Tri-State University Chairman, Department of Aeronautical Engineering, 1961-63 Assistant Professor, Department of Mathematics and Engineering Mechanics, 1963-64 Associate Professor, Department of Civil Engineering, 1966-74 Dean of Engineering, 1974-78 Director, Engineering and Research Center, 1975-78 Senior Vice President, 1978-81 L.L. Dresser Professor of Engineering, 1981-84 Director, Tri-State University Energy Analysis and Diagnostic Center, 1983-85 Professor of Mechanical and Aeronautical Engineering, 1984-88 Chairman, Department of Mechanical and Aeronautical Engineering, 1988-93 Engineering Professor Emeritus, 1993 ENGINEERING EXPERIENCE Engineering Consultant to: Hydraulic Power Division of Eaton Corporation; Marshall, MI City of Angola, Indiana Henry B. Steeg Division of HNTB, Indianapolis Brads-Ko Engineering, Elkhart, Indiana Steuben County and Pigeon River Drainage Boards Indiana Department of Natural Resources, T x 2000 Lake ~nhancement Program Member, Steuben County Solid Waste Study Committee Member, Maumee River Valley Erosion Control Study Committee Owner; William Hill & Associates, Angola, Indiana; 1992-96 Registered Professional Engineer; Indiana, Ohio, Michigan AGENOJ~.~?.,EM JUL 2 2 1997 pg. /7 -2- ENGINEERING AND PROFESSIO}~AL SERVIC~ Member; ASME, ISPE, NSPE, Sigma Xi, Indiana Lake Management Society and NALMS. Past Regional Vice President, National Society of Professional Engineers Past President, Indiana Society of Professional Engineers Past Member, 1985-1993, Indiana Registration Board for Professional Engineere and Land Surveyors, Chairman, 1987 and 1988 COMMUNITY SERVICE Kiwanis Club of Angola and Past President, 1970-96 Steuben County Lakes Council; Founder and Member of Board of Directors, 1972-93 Past member, Steuben County Red Cross Board Member, First Congregational Church; Past Treasurer Member, Kiwanis Club; Naples on the Gulf Member, The Conservancy, Naples MILITARY SERVIC£ Flight Instructor, U.S. Navy, 1951-55 HONORS AED AWARDS Sigma Gamma Tau Pi Tau Sigma Tau Beta Pi Chi Epsilon "Citizen Engineer" Award ISPE Distinguished Service Award Pi Tau Sigma Outstanding Faculty Award Sears Roebuck Outstanding Faculty Award McKetta Outstanding Engineering Faculty Award AGEND& ZTEN - JUl. 22 ~ RECEIVED DanJe. l C. McLean, .P.E. t t 't 2 Co~u~En~e~ )~oar~ of C~r.~: Cc~s~i°ne~ ( Chem~ M~Hu~ and Envimnm~l ~S ~n~a~r Ct~ Un~ 1~ Napl~, ~o~ ~1~ Telephone: 941 - 514 - 3323 May 18, 1997 Ms, Sue Filson Administrative Assistant Board of County Commissioners 3301 U.S. 41 East Naples, FL. 34l 12 Dear Ms. Filson: In response to the notice published in the Naples Daily News today, I herewith submit my resume' indicating my qualifications for the position of member of the Environmental Advisory Board. I ixave been involved in ail types of ~nvironmental issues since 1965. Activity has been mainly in the area of resolving industriai ~nd municipal waste disposal problems ( ~ir, water, solid waste) with paxticular emphasis on developing practical and cost effective remedial actions. Obviously, this activity included continual interaction with the EPA, State and County regulatory agencies in negotiating terms in the various permitting procedures. I believe my extensive environmental engineering experience could be of great value to your Environmental Advisory 13~ard, and I would gr~tly appreciate being given the opponumty to meet with its membe:rs to discuss how I might be of service. I am immediately available.. JUL 22 9aalt! C. Mci. eat P.E. KlS aee~u~ Cb'de, U,.dt ,Itl, e PERSONAL Am a ~emi-retired Chemical~ Metallurgical and Environmental Engiaeer with over 50 years of interdi~:iplinary engineering planning and operational experience in the technical areas listed below. Also have several years experience ~s a Univeflity professor and industrial instructor teaching chemistry, hydro*mettilurg~,, mineral beneflclation and environmental engineering (see specifics below). Managerial experience includes heading a large industrial chemical laboratory, being Research Director for a large mining company, vice- president and chief engineer for a new environmental equipment company and PresMent of my own engineering consulting group. Experience in related fields includes water management, industrial and municipal waste water treatment, solid waste management, preparation of environmental feasibility studies and permit applications (air, water, g)lid waste, noise, i*afilation). Technical writing experience includes the preparation of over t~enty technical paper~ on a wide variety of subjects for presentation at national engineering society meetings and for journal pub~cation. Also ixave experience with the preparation of technical brochures tad phnt opernfing manuals. Have written and obtained over IS U.S. patent~ in my ~tme for various technical developments. Have ability to use computer word processing and graphics. Ibve very strong baeirgound in chemistry, and good knowledge of geoloay and statistical methods. AG£ NDA~_-] TEH- :YD_' c... JUL 22 t997 EDUCATION ILS. Chemical Engineering - Tuft~ University - 1940 M.S. Chemical Engineering - Missouri School of Mines - 1942 PROFESSIONAL REGISTRATION Chemical and Metallurgical Engineer - W.Va. - No. 001488 AREAS OF EXPERTISE Design and operation of industrial and municipal waste water systems Water Management Solid Waste Management ( municiPal - mining - agricultural) Acid Mine Water Remediation Algae Control Systems ( new flotation process) Harbor and Estuary RemedJation Methods Metals Recovery and Recycling - proc_~_, design nnd develor;ment Air Pollution Control Systems Environmental Imgact Studies and Report Preparation Process and Environmental Feasibility Study Preparation Environmental Permit Application PreParation ( air, water, solid waste, noise) Environzaental Auditing Metals and Minerals Recovery ( process design, laboratory and pilot plant research and development, plant operations, management) Undergrouncl 5lining RoofS~pport Che~icnl Plant DesJga and Operation C~....,:ic~l Laboratory Design and Operation PATENTS 20 U.S. ~nd foreign Patenl~ coverin~ chemical and metallurgical processes, mine roof suppor% and environmental remedtatiou proeesse~ Details can be provided if of interest. AGE:ND.~ ~T~ No. /(~ ~ JUL 22 PUBLICATIONS Over Z0 technical pnpers presented nnd published pertaining to new developments in hydrometallurgY, precious metal ~rap recovery, water management in the mining industry, statistical sampling procedures ( ~oid ore deposit~, hnznrdous waste sites ). Most are available for inspection ~f of interest. E~¥[PLOYWfENT Enviro=Bubble Flotation, Inc., SAcramento, Ca. Vice president and Chief Engineer, 1994 - 1996/ Invented, built prototypes and supervised the construction and full sc.~le application of new micro-b,bble flotation equipment for the remedial treatment of all types of industrial And mnnicipal waste waters. Robert S. Miller Asaociate~, Inc., Sacramento, Ca. Environmental And Metallurgical Engineering Associate - 19116 - I~J~. Conducted laboratory testing of remedial trenttnent~ for ind~triai wastes, prepared environmental permit applications for sand And gravel operations and for municipal ~ewAse sludge iron ,Monntain Mines, Inc.., Sacramento~ Ca. - Chief Environmental and Me~llurgtenl Engineer, 1985 -19~. Des~ned and I~1O~ plant tested a new solution mining process for the complete And economiesl recovery of all me~als from acid mine drainage at one of the worst EPA Superfnnd ~ites. C~nducted extem~e permitting conferences with EPA Re~ioui IX office And the Callfornin water regulatory Agencies and th¢4r consultants. Wrote several environmental and pr~-ess reports. Davy MeKee Corporation, San l~amon, Ca- Senior Staff Engineer ( Environmental and Process ) - 19'/8 - 1~85 Was the principal environmental engineer for one of the world's foremost mining and metallurgical construction compantea- Dutie~ consisted of providing environmental engineerin~ input to all ~ of ne~v consv'nction projects (mineral pre-.sing plant~ and smelters) and preparing environmental impact reports and aH type~ of permit applications. Duties nlso included process design wos4t and preparation of feasibility smdiea- AGENDA IT_EH No. / ~C.. JUL 22 1997 pg...~_;;;~ applh::atkms. ~~ ~u~ w~h de~ ~ ~ ~~ p~u~ for ~p ~ ~er, ~ ~d m~np~ ~ ~n~ ~ wa~r ~t ~ondu~ ~e iti~i h~rl~ d~e~pment wo~ for a n~ ~bubb~ p~ for ~e ~m~t of hdu~i w~ ~ ~ m~ for ~ a~ f~ wuh ~te~; hud~ a~ ~~M w~ wat~ and ~r wHh wate~ ~ d~ a ~ ~ ~ ~ hyd~m~lu~, p~ phnt d~i~ mi~i p~hb Hd mhinf w~ wa~r snd ~M w~ t~ment Hd dbpmL ~ o~ ad di~ ~e~! ~nu for ~dum ~ h ~e fl~ of minhg and mu~! w~ ~m~t and ~nL ~ C~M C~ ( Cym~ b~MO ' ~l ~~ D~. Wa~ N~. - ~t Ch~M~u~ - ~l - hfl~ ~ p~y ~ m~ h ~ ~~t ~ n~ p~ and p~u~ for ~e mhhg ~u~ a~ ~ S~od ~~ ~M~ ~en ~g ~ n~ p~u~ h o~t~g m~ ad miH~ p~ phn~ ~h hvo~ ~e ph~ ~ ~ou ~D ~~ ~ ~ ~ and ~y M~ In ~e ~ of u~nhim ~ ~dim ~Hu~ ad for ~p~ ~ of ~e ~ sup~rt ~ ~~~ ~f ~ JUL 22 1997 po. GA~Y W. HYATT 440 Scarify Court Mamo lslaz~ Florida 3414S REC--,',,'.=__D.-.-, ~Oa?O Of C0u;:,: --. ...... :'.':"" Mrs. S. Filson Administrative Assist a~'lt Board of County Commissioners 3301 Tamiami Trail Naples, FL 34112 May 16, 1977 Dear Mrs. Filson: [ read tn the Marco Island Eagle of the current vacancy, on the Environmental Advisory. Board. Enclosed is my re~ume In support of my interest in the position. En~lronmental work in the pharmaceutical ~nd paper indu,stTtes was part of my most recent e.,q>erience at the Procter & Gamble Company in Cincinnati. I retired from P&G la.st September and became a resident of Marco Island in Janua~.'. Some of my biological research was performed on the wes~ coast of Flortda, and I have been a property owner on Marco since 1993. Please keep me informed about the appoIntment. Ver~,truly yo,u~, Gary. W. Hyatt, Ph.D. Curriculum Vitae ~ Seavtew Court, No. 1605 Marco Island, FL 34145~Z601 941-642-0715 (Voice and Pax) 12CI0:CC~ 1964, IL~, Blolo/y, ~cate Univem'D' o~ New Y~ 1~7, ~. ~ol~, 1973, ~D., ~~ce T~oI~, C~ (B~~ ~~' ~ou ~~, m~, ~d p~l~. Florida State Poe~s Assocta~ National Feder~tio~ of State Poetry Sodeties professional Aviation Maintenance Association Mooney Alrcra~ Pilots A~soctation Alrcl-M~ Owners and Pilots Association ]~~2a~u~tPine Piddles Central ~hool, Fine Flair's, ~ (196,.1.-1967). versity of ]31Lnots, Clnl¢{o (1973-1980). The procter i Ga~nble Company, Cknclnna~L OH (1980-1996). Cincinnati State Technical and Community College, Cindnnati, OH (19%). ~ Writer Adjunct Professor of BlololiY, Edison Community College, Naples, FL. F~lison Cor~munitw College As.simamenr. s: 1997- Paculry. Hr~t-level general biolo/y lecture and laboratory. Cellular chemisu'Y and llenetlcs. ~.l_n_~nnalt State Technical ~nd Community Colle~_e Asstenments: 1996 Faculty. Third-level leneral bioloiy lecture and laboratory. ~nd Phy$iolosy - Human or.an systems. Anatomy Informa~ion M~rta$er, Health Care l~search policy development for adverse drul~ experience re D T~' ph~u-m~ceutic~ls R&D. ~ JUL 2 2 1997 | 1930.-1993 1986-1990 198-~,-1986 1982-198-~ 1980-1982 P&G pharmaceutic~s, Regulatory & CKnical D~velopment C~tac D~gs. Responsible for ~gu~to~ s~te~, ~s~sments ~d glob~ ~ulato~ agen~ ~n for c~ d~gs ~r d~elopm~c ~r Se~or ~ofession~ ~d ~lato~ ~ces, ~m~g ~~ ~s~nsible for ~on~ b~lc ad app~ ~h pm~s. R~nslble for c~t t~ol~ ~fer to no~ mu~Oes, ~d for sold w~e ~d com~$ l~s~ve ~d ~lato~ a~ ~ ~t no~em mt~. ~nsible for ~Oon~ Com~s~g ~ (W~o~ ~) b~ ~d ~de ~s~afion a~Oes. ~agem~t Sy~ ~sio~ ~ group re~onsible for i~o~laon ~velopmenu b~s sy~ems implements, wo~mgom, ne~or~g, q~ ~pmvement t~ls ~d ~ ~~ent. M~agement Systems ~slo~ T~olo~ ~elopment. R~g group res~nsible for gat~e~i ~d ~u~g long-te~, emerg~ i~o~ation ~stem tec~ologies to P~ b~e~e~ M~agement Systems ~sio~ ~t~t~ Wo~afion ~elopm~ ~elop~ ~t ~-based, m~-~on~ m~ke~g wor~flon for ~e in P~ ~es ~d M~agem~t Syste~ ~sion, ~mput~-~ T~!nln~ ~ed computer-b~ed ~n~g to P~ proi~s; pl~t basic sMHs ~d ~e~ ~ng p~s. Awards: 1992 1990 Paper Produc~ Development Teamwork Award. Compost Infr-a~u'uc-mre Team. Technical Association of r3te Pulp and Paper Industry. Best l~per AwarcL presented at the 1990 Polyme. r~, Lamiz~tton~ and CoacJz~gs Coo.ference. People Progress Aw~'d. Information Systems Support Te~.m. P&G Corporate Training (partLaJ listing): Negottattng Skills Team BuUding Strategic Pla.m~n$ Food a.~d Drug Ad~nm~str~tton Rules az~d Regulattoz~ University of Illinois ~ 1973-1980 Underg;radu.~te teacbJnl tn large-section general biology Organismic biology; taxonomy; hun~tn sy~ems; az~m az~atomy, etc. 2 $/L$/'.~ No. /r~ ,----' JUL 2 2 199'/ 1973-1980 Graduate seminar~. Orten~ation behavior, courtship nnd all'ess[on; behavioral ecology, etc. Adjunct Professor of Computer-Based Bducation, Computer-Based Education Research l~bor-atory, University of Rlinois, Urb~n~- Chntmpalgn. Design and develop computer-based curriculum programs for biological sciences. Awards: Vm-ious unrestricted grants from University of Illinois Rese'~rch Bo~-d, National Science Foundation, Joyce Foundation, Chapma=n Memorinl Fund, American Museum of Nat~tr~ History, Chic'~tgo Zoologic'hi Pmk. Graduate College Summer l~ese~'T.h r-~.uowship. l~ne Plains Central School Assi?nments: Teaching high school biological science; middle school seneral science (gth grade). Introduced experimental New York State Regents Biology Curriculum (BSCS "Blue Version") to the school district Awards: New York State Board of Regen~ Experimental Curriculum site. Winner of 1967 statewide science fair. List of Publtcatiomf: Published Literary Contributions: In Prep. Hyatt, G.W. and W. Davis (photol~apher)· "Seashore Poems". Submitted Hyatt, G.W. "The ltitch". Writer's Journal. Submitted Hyatt, G.W. "A Garden and Goethe". Writer's Journal, Published Scientific Contributions: Submitted Kerr, I(,IVL, D,C. McAvoy and G.W, Hyatt. Spectation of ~-ace metals in compost-amended agricultural soils in the northeastern United States. Journal 1996 R.B. Mert~tz, M.P. Kinney, C.J. Bradley and G.W. Hyatt. Supporting Drug Approvals: Pm-'t III FDA Moves Ahead With Policies On Studying Drugs Effects on Women. Regulator~ Affairs Focu~ 1(10): 20-21. C.J. Br-,ailey, lvLIL Kinney, R.B. Merl~tz and G.W. Hya~ Supporting Drug Approves: ~ II ph~-m~coeconomlc Issues Continue to Pose Chnllenges for Dru$ Developers. Re~ulator~ Afl-airs r<~ut 1(9): M.P. Kinney, C.J. Br-adley, ILtl. Merkatz and G.W. Hy~m Supporting Drug 3 S/~S/97 Approvals: Part I Patient's Qlsality of Life Issues: Present Challenge for Drug Developers. Regulatory' Affairs Focus. 1(8): 18-19. 1995 1992 1983 1979 1978 1977 Hyatt, G.W. Economic, scientific az~d Lnfraatructure baals for using municipal compost~ in agriculture. In: D.L Karlen, et al. Eds. Agricultural utilization of urban and industrial by-products, pp. 19-72. American Society of Agronomy Special Publication No. 58. ASA, CSSA, and SI;SA, Madison, WI. Hyatt, G.W. and T.L Richard (r:ds.). Aerobic Composting and Compost Utilization. Bioma~$ ~nd Bloener~. 3:3-4. 299 pp. Salmon, 1~ and G.W. H~.~.t~. Spatial and temporal ~ of reproduction in North Carolina fiddler c'~bs ( Uca pu$flator, Bo~c). ]. £~cp. Mar. BloL F~col. 7~. 21-43. Salmon, I~L and G.W. Hyatt. Communication. VoL 7, Ch. 10. In: Bliss, Dorothy (ecL). The Biotogy of Crustacea. Academic Press, N.Y. Hyatt, G.W. ~tat~e and quantitative dimensions of crustacean aggresaton. In: Dunham, D. and S. Rebach (eds.). Crustacean Behavior. John Wiley & Sons. Hya. tt, G.W. and IvL $~lmon. Comparative statistical and information analysts of aggressive behavior tn the fiddler crabs Uca pugi/ator and U. pug~a~ Behavtour. 63(1-2): 1-23. S~lmon, M. S.D. Ferl4s, D. Jol:mston, G. Hyatt and G.S. Wl:dtt. Behavioral and biochemical evidence for species distin~tveness in the fiddler crabs Uca spec~osa and U. spinicarpa. £volurion. 33(1): 182-191. S~lmon, IvL and G.W. Hyatt. The development of acoustic display in the fiddler crab Uca pugilator and its hybrids wtlh U. panacea. Marine Behav~our and Physiology. 6: 197-209. Hyatt, G.W.S.D. Smith and T.E.S. Raghavaz~. Game theory models of the inte.,'male combat in flcktler crabs (genus Uca). Proceedings of the International Conference on Applied Game Theory. Vienna, Austria. 12-16 June, 1978. Fhysica Verlag. Vienn~Wurzburg. PP. 414-429. Hyatt, G.W. and M. Salnaoa. Combat In the fiddler crabs Uca pugilatorand U. pugna~ Belaavlour. 65: 182-211. Salmon, M., G. Hyatt, Ia McCarthy and J.D. Costlow. DtspLay specificity and reproducttve isolation ~n the fiddler crabs Uca panacea and U. pugi/ator. Ze/tschrlft fur Tierpsycholog~ 48: 251-276. ~e,n!moll, IYL, ]~ Hol~h and L. '~. Hy~tT~ 1[~'1 lllyochordotollal olean M a r~ceptor for auditory and vibrational stimuli tn fiddler crabs (Uca pugiJator and U. minax). Marine l~haviour amd Physiology. 4: 187-194. Hyatt, G.W. Reid studies of stze-depemdent changes in wavtng display and other behavior in the fiddler crab Uca pugilator. (Brac_hyura' Ocypc~dae). Marine l~eharlour a~d PhysloIol~Y. 4: 283-292. Hyatt, G.W. Q~tantitative analysis of size-dependent vartation In the fiddler crab wave display Uca pugiIator. (Brachyura, Ocypodidae). MarLue Behavtour az~d P~aysiology. 5: 19-36. AGENO~ ~IT~ No .__~g~l_-~- JUL 2 2 1997 1976 I~S 1974 1973 1972 Fletcher Craba of t~e World. E¥olutior~ 3~ 62~32. (~k ~). H~, G.W. Physiolo~c~ ~d ~o~ ~dence for color dlsc~atlon by fl~er ~bs (B~h~ ~i~e, ~ Uca). ~ Vemb~, F.J. (~). physiot~t~ ~olo~ of ~ne ~s~. U~v. of ~uth C~a ~ess, ~. 33~365. Hya~ G.W. ~ha~o~ ~d~ce for ~t ~te~i~ ~~~on ~ ~e fl~l~ ~b Uca pu~ator ~ (B~~ ~~ ~n~ Uca). ~lmal Beha~or. 2~ ~1. H~, G.W. ~d ~ A~. ~te~e t~l m~es for ~ ~or on ~e ~ato sy~ Physiolo~: 1~ H~ G.W., D.C. ~ ~d P. T~. ~t~ ~ ~on ~ Biol,. BloSclenc~ 2~ ~1~. _Produced for the Unlversitw of IlllnoJl; 1980 Hyatt, G.W. Social Behavior. Simulated Reid Observations. ~b4lnn~'POli$' Col:Il:roi Data Corporation Instructional Computer Les.son. Hyatt, G.W. Genetic Drift. Mirm~.apolls, Control Data Corporation Instructional Computer Lesson. Hyatt, G.W. Natural Selection - A Conutbutor to Micro Evolution, Part L Minneapolis, Control Data Corporation Instructional Computer Lesson. Hyatt, G.W. Natural Selection - A Contributor to Micro Evolution, Part IL Minneapolis, Control Data Corporation Instructional Computer Lesson. Hyatt, G.W. ^ Self. Contained Laboratory with a 'Simple' Behavior. Minneapolis, Control Data Corporalion Instrucxional Computer Les~on. Hyatt, G.W. Lol Scales, Metric System, Chi-Square Analysis. Minneapotis, Control Data Corporation Instructional Computer Lesaon. Hyatt, G.W. Comparative Serology. Minneapolis, Control Data Corporation Insumctional Computer Lesson. 1978 Hyatt, G.W. Btogeochemtcal Cycles. l~_nne~poL~, Control Data Corporation Instruc~onal Computer Lesaon. Hyatt, G.W. Enzyme ActtvtW. Minneapolis, Control Data Corporation Instructional Computer Lesson. Hyatt. G.W. ProbabLltty and Heredity. Minneapolis, Control Dat~ Corporation In~tructior~! Computer Lesson. - ACIEN~ iTf~4 NO.~ ~Lectures. Confe~=ces ~tzed n~d Flatform JUL 22 1997 Pg ..~--~ 1993 1993 1992 1991 1979 1978 1977 192'6 "Current Isaues tn Clinic'al Trial-" (Or~anizer and Chair). Re~tlatory Affairs Professional Society Annual Meeting and Exposition. W~hin/ton, DC. 'Ar~l-lc~dtur'al Research With MSW Compo~t in the Nortbea.Tt~. BioCycle National Conference. May 12-14, Minneapolis, Minnesota. "Use of Municipal Solid Waste Comp~t for Growing Commercial Crop~ in the Northeast United States'. A~O National Solid Waste Forum July 18-20, Lake Buena Vista, :.]orlciz 'Compc~t From Secondary Resources: Summary of Agronomic Research in the Northeast". Meeting of Northeist Agricultural Experiment StarAon and Cooperative Extension Directors. Au/ust 14, Newport, Rhode hlancL 'Northeas~ Regional Solid Wa.~e Composttng Conference' (~er and Co- chair). Albany, NY. "Fiddler Crab Behavior~. Depa~huent of Earth and Planetary Sciences. The John Hopkins University. Baltimore, lv[D. 'C~alitattve and QLtantitattve Dimensions of Cru~acean Aggression.' National Meeting of the Animal Behavior Society. New Orleans, LA. 'A Differential Game Theory Analyst8 of Combat in the fiddler Crab, Uca pug//ator.' 16th Annual Ethological Conference- University of British Columbia. Vancouver, Bi:. 'Games Fiddler Crabs Play". Summer Faculty Guest Lecture, Duke University Marine Laboratory, Beaufort, NC. 'Bchavior and Ecology of Fiddler Crabs'. PhysioWiD' of Marine Organisms Course. Guest Maurer. Duke University Marine Laboratory, Beaufort, NC. "Tidal and Lunar Influences on the Behavioral Time Budget of the fiddler Crab, Uca pugtlator, on Shackleford BanlL North Carolina'. Symposium entitled, 'Social Behavior on Islands'. National Meeting of the Animal Behavior Society. Seattle, WA. 'Fiddler Crabs". Depa~tauent of Biological Sciences Seminar. University of Ulinol$, Chicaso, 'Elements of Visually Mediated Behavior in fiddler Crabs'. Department of BtoloKy, DeP~ul Unive~ity. Chicago, IL 'Crab War~'. Popular Lecture delivered to the Margaret Morse Nlce Lecture Series on Animal Behavior. Chicalo Academy of Sciences, Chicago, IL "EthololiY is a Held Science'. Blolc~y Dep~tment, Arllniton Heights High School, Arliniton Hits., IL 'Behavior of Hddler Crabs'. invertebrate Zoology Course. Duke University :~e Laboratory, Beaufort, NC. AG£N~A,..,IT~EM I~o.~ JUL 22 1997 1975 197'2 'Crab Courtship: An Ethologist's Version of ~n Enllneerin$ Approach to Behavior". Department of Bioengineering, University of l~inoi~, Chic~$o. "Ltl~ht Intensity Discrimination ~nd Color Vision in Fiddler Cr~bs". Summer Faculty Guest Le~ure, Duke University M~rtne l~boratory, Beaufort, IgC. "Interactive Teaching Modules for Antm~ Beh~tor on the Plato IV System'. Session on Computer-Assisted Education, Federation of American Society for Experimental Blolo~. Annual Meeting, Atl~utic City. 'l~n¥$1olo~lc-al and Behavioral Studies of Photor~sponses in the Fiddler Cr~b (Brachyur~ Oo/podidae, Genus Ucc). Symposium on the Physiologic'al Fx:olc~y of Estuartne Or~ardsms. Belle W. Baruch Coastal Research Institute, University of Sou~h Carolina. Columbia. On-Line Demonstr~tion of Computer-Based Biolc~y Materials at the Dep~ t~ent of Cllriical Ph~.rmacy, Univel~ity of lV(lnr~esot~, Mlnlleapolls. 'Computer-Based Etholoiy~. On-line demozuu'ation at Regional Meeting of the Animal Behavior Socte~/, indtalla State University, Terre Haute. NO.~ JUL 22 {997 Collier Environmental Consultants Inc. 8oa,"C 3t .;5.:? May 16, 1997 Sue Fi]sor~ A~tmini~e Boa~:t of County Commi~oncr~ 3301 Tamiami Trail East Naples, Florida 34112 I wish to request consideration for an appointment to the Environmental Advisory Bo~d. I strongly belie-ye that my i~:~d and diver~ b~k~ would make me an excellern board member. I obtained my delp'ee in Biology flora the U~'sity of South Florida, Tamp~, Flodda. I nave be~ employed as · Biologist st Soulh ~ Southwest Florids W~er M~asemem District~, Co~ier Count7 IX-v~opment S~-viccs ~i now ~s Compliance Division, [ sained an u~derstandin8 sod knowledse of Collier Coum7 Codes and Ordin~ and even assisted with writing severaJ enviro~ o~ for ~he Collier Courny Land Devdopmem Ccde. As previou~y me~tioued, I currently own ~ operate Col~er Eaviro~ Consulters. This experience has tauSt~ me to undemaM aad bah~ the F. zrviwm~m~ expe~e~c.~ both ~ ~or ~d re~ ~ ~ me ~ ~ve ~ ~ ~ ~. I ~e I w~d ~ a ~ ~u~ on ~ ~. I i~k f~ to ~ ~ ~- ~ ~ ~ of Co~ ~. I thank you for your time and eotaideralion. JUL 22 M. tr~ A. Espinar 3880 Estey Avenue N~plea~ FI 34104 Bilingual: English & Spn~i~ Office: 941-263-2747 EDUCATION Cntdinal Mooney High School Sarasom, Florida Diploma 1980 Man, ce Sunior College Br~emon. Florida AA Degree 1982 Bioloffy University of SoLrt~ Florida Tampa, Florida BS Degree ]99O Biology Completed USF Cooperative Education Program April 1988 USF Under_nradunte Re~earch - USF 1985 Apalachicola Archaeological Expedition & Research - Lab Coordinator of Fauna Identification from Ambeological Sites - Studies of Se. agra.~ Beds (lhala~a tesradtnum) in Upper Tampa Bay, Florida - Growth Rates of' M~ine Alga~ ( Grac~lar~a t~kvah~ae, G. verruco~ G. deblit ) Port Manatee, Florida EMPLOYMENT FiI~TORY & EXPERW~NCE Collier Envi~nmem. al Consulumts Inc. N~I~ l~orida Owner & Environmental Planner Enviro~ P~itang. P~a~ang Vegetatio~ Invemory braxiga~on & Monitoring Ptms Thr~en~l and Endangered Species Survey Exo6c ~ Remov~ / Poisoni~ ~uri~di~oo~ I~aminuion ~ lmp~x Tun-dl & Associates, Inc. Napt~ Florida Thre~ and Endangered Species Survey Envim~ Impact Ststements Supervision of St~' Sou',l~ Ftorid~ W&ter M,.,~mgernent D~ri~ Fort My~'~, Hofi~ Dredge 8; Ftli Permit Review Surface Water Pern~t Review Environmcr~t~l Analyst Collier County Croverrtment, Development Services Naples, Florida Si~e Development Plan CompLiance Planned Unit Devetoprne~tt Compliance Site l~r~e ~ons Environmental t.andscape inspection~ Souttwvest ~lodc~, Water ~gem~nt District Ttmpa, F~o~d~ As-Built L~o~ Surface and Crround Water Permit Compliance WeU Constm~on & Abandonment ~spectio~ FTeld Sm'vices Technician PROFESSIONAL ASSOCXATXONS Florida AMociazion of Environmental Profe~iona~ Member Southwe~ Florida Associ~on of Environtnenud Profelliom~ Member Elected to Goverr&n8 Board for 2 terms; Bytaws Come, tee Exo~c Pest PLant Counc~, Member 'Naples Area Chambe' of Commerce, Membe' ILEIrERENCES UTON REQUEST No._/L~ ',--- JUL 22 1997 ~: To appoint 1 member to fulfill the remainder of a vacant term, expiring on October 6, 1997, pitts an additional 4 year term expiring on October 6, 2001, on the Golden Crate Beautification Adviaory Committee. CONSIDERATIONS_: Due to the resignation ofMarjorie H. Skinner, the Golden Gate Beautification Advisory Committee has I vacancy, expiring on October 6, 1997, representing Precinct #625. This 5 member corru~ttee assists the Board of County Commissioners in handling the maters ~ to the taxing district which was formed for the purpose of beautification a~d maintenance of landscape improvements within the road fight of way as described by ordinance boundaries. Terms are 4 years. A list of the current membership is included ~n the backup. A press release was issued and resumes were received from the following interested citizen: Mark W. tloughton (Precinct No. 624) 3 yes COMMITTEE RECOMMI~NDATIO_]~: Mark W. Houghton .-[li~a~l]~: NONE NONE RECOMMeNDATIOn: That '..he Boa.rd of Cotmty Commissioners consider the recommendation for appointment and appoint Mark W. Houghton to serve the remainder of the vacant term, plus an additional 4 year term expiring on October 6, 2001; and direct the County Attorney to prepare a resolution conf.-ming the appointments. Prepared By: Sue Filson, Administrative Assistant Board of County Commissioners ,Agenda Date: Jury 22, 1997 AG E...~._~ No, JUL 2 ,. I~7 Pg.__/_____ Golden Gate Beautification Advisory Committee ~Vame Cheryle L. Newra~ 5101 31st Avenue, $.W. Naples, FL 34116 Distrlcz: Category: Precinct 626 M~ode H. S~ ~o ~..~ 1976 gig T~e, S.W?'~* N~l~, FL 34116 C~tgo~: P~iu~ 625 Ssb~ M~i ~70 32ud Argue, S.W. N~I~, ~ 34116 Cat¢&o~: ~cz 627 Bo~er G. B~oa 2570 47~ T~ S.W. N~l~, FL 34116 D~: 3 ~l~ McM~on D~: Work Phon, Appt°d F_..W. Date Term Home Phone DazeRe-appt 2ndExpDate 2nd Term [ U07/9~ ! 0/06/97 2 Years 353.7969 02/05191 I0/06/93 5 Yea~ 455~2 10/26/93 10/06/97 4 Years 10/04/94 l 0/06/98 4 Years ! 1/07/95 10106/98 455-4,.373 ggg-~498 05/27/97 10/06/99 I Year 353-2055 member fYom eacf~ of ~ 5 voting 9nlCinCal whic~ art kx:alld witter Itte u~it. Tennl ~ 4 yaar~ Amended ~ Se~r 3, 19S6. ~y Ord. Ho. 96-50 taxi 9~-51. Praoncts am ~23. 62.4, ~2.$. 826. ~27, a~d pa~ of 6~. Staff:.- Stave Fat~ian~. Engineer I: 774.~494 AOENDA ITEH JUL 22 ]997 DATE: TO: FROM: July 9, 1997 Sue Filson, Administrative Assistant Board of County Commissioners Stephen F. Fabiano, Engineer II ~.~~ Transportation, Landscape Services SUBJECT: GOLDEN GATE M.S.T.U. ADVISORY COMMITTEE At their regularly scheduled monthly meeting of July 8, 1997, the Golden Gate Beautification Advisory Committee unanimously voted to recommend to Board of County Commissioners, that Mark W. Houghton be appointed to fill the currently vaca:nt advisory committee member position. Should you have any questions or require any additional information, please contact me at 774-8494 ext. 7112. David F. Bobanick, Interim Director Transportation Depa~unent AGENDA ITEH NO.._._.---------- JUL 22 Lqg? DATE: TO: FKOM: ~EMORANDUM RECEIVED June 2, 1997 Vinell Hills, Elections OIt~ce Sue Filsom Admini~xafve Assi Board of County Commi.~ionex"a ~'~ RE: Voter Regi~xatioa - Advisory Board Appointments The Boaxd of County Commissioners will ~on consider the following individu~ for appointment to one of the county's ;~tvisory committee~. Ple~e let me know if tho~e below ~xe registers! voter~ in Colli~ County. Also, Flease list the commission di.,xrict in which each applicant re~ide~. (~.G. BEAUTIFICATION ADVISORY COMM ~_OIVEvflSSION DISTRICT Mark W. Houghton 1748 46~ Street, S.W. Naples, FL 34116 Thank you for your help. AGENDA zTEH~ No. JUL 22 1997 MEMORANDUM DATE: TO: FR. OM: Jun~ 2, 1997 Steve Fabiano, Engineer I Transportation l~ent ~ff~ Sue Filson, Adminis'a'ative Assistan~ ' Board of County Cow~l~.~ioners Golden Gate Beautification Advisory Committee As you know, we currently have 1 vacancy on tha above-n:ferenced advisory committee. A ~ relea.ne was issued requesting citizens ia~ in saving on this commktee to submit a r~sume for consideration. I have attached the re~unes received for your review as follow~: Matrk W. Houghtou 1748 46* Street, S.W. Naples, FL 34116 Please let me know, in writing, the recommendation of the advisory committee for appointment and I v~ill prepare an executive summary for the Board's considerafiom Pieue categorize the 0 appliean~ in areas of expertise. If you have any questions, please call me at 774-8097. Thank you for your attention to this matter. SF At~nchments -- AGENO& ITEM -- JUL 22 1997 NO. OF PAGF.~ '. ,~ PLEASE DELIVE.~{ TO: T~.ECO~IER COVER SKKET DATE ~9 SHEET) F~OM: ~ TITLE: P.01 IF YOU DO NOT RECEIVE ALL THE PAGES, PLEASE CALL: THANK YOU. SENDER' S NAME: ~~__ AGENDA ITEM No. JUL 22 t997 {/ Beau=tf~atl°n Advieo~._C~o~mittee. Resume Mark W. 1~48 46t5. N~ples Fl. 34116 ~ome Phone Business A34-5090 I have been & homeowner at this address for 5 years and a resident of Golden Gate at various times since 1981. I am married. My wife and I have a one year old Ion. Pride in the area where Z reside and concern for the correct environment for my family are the rea.son~ why ! am an active volunteer An the ~olden Gate area. ! b~long to the Golden ~ate Civic A~sociation, The 46th. St Crackdown Neighborhood Watch, The American ~eart Association, and The American Red Cross. Professional; I have been employed ~y Naple~ Police and Emergenc~, Services since 19~2 where ! am c~rrently assigned a~ a ~attalton Chief in Fire operations. I am nearly complete in degrees in Fire Science and Emergency Medicine through P~d/son Co~munity College. ! =each Fire science courses through Votech, and CFR, 1st. A/d, and Wa~er Safety Course~ through the Red Cross. My current assignment and schedule will for the .first time allow mm to attend meetings a: a~y =l~e of the day or sveatng without co~flict. AGENDA JUL 22 Sue Fllson Admtniltrmtivm A~lisCanc Board of County Commissionern ]901 US 41 East Naples Fl. 34112 Dear Sue, I am very interested in servtn~ on the Golden Cate Beautification AdvtJoA-FCommiC=ee. I am m homec,,nmr in Golden Gate city and a registered voter in Collier County. ! have been an advocate of improvement in the Golden Gate area for many years. I would appreciate your consideration in appointing me to this committee. Thank You, Please Respond Mark W. Houghton 1748 46th. St. S.W. Naples Pl. 34116 JUL 22 EXECUTIVE SUMMARY OBJECTIVE: To enter into a contract between the City of Nap/es and Collier County for the use of the specific county voting and ballot tabulation equip. ment for the city election of February 3, 1998. CONSIDERATIONS: The City of Naples regularly scheduled council election is February 3, 1998. The City desires to lease specific county voting and ballot tabulation equipment for use in it'e election. The Board of County Commissioners own the voting machines and ballot tabulation equipment. The Supervisor of Elections is the custodian of the county's voting machines and ballot tabulation equipment. The contract presented to the City ia basically the same as that previously entered into for the February 1996 city election. Council has accepted that contract. · · The Supervisor of Elections concurs with the contract and Commission enter into said contract with the city. recommends the FISCAL IMPACT: Under the terms of this contract, the City of Na~e~ shell be responsible for the entire co~t of the election to be held February 3, 1998. The City agreee to reimburse L.~e county for any colt directly related to the city election. The rate of reimbursement is enumerated within the contract. Should the county's equipment be ~equeltered aa a re"~ult of the February 3, 1998 election and, therefore, be unavailable to the county for use in its elections, the provieions of section 43 of the contract apply. RECOMMENDATION: The! the Board of County Commissioners enter into the contract between the city, the board, ~ld the supervisor of e~-'tJortl arid authorize the chair to sign eaid contract for the conduct of the city's council election of February 3, 1998. AGREEMENT FOR ELECTION SERVICES By end Among the City of Naples, Collier County and the Supervisor of Elections Thin Agreement for Election Services [Agreement} ia for the ~ city council elec- sion and il by and among the City of Naplel {City), Collier County by end through the Collier Coun- ty BOard of Commissioners (County) as owners of the County's voting and ballot tabulation equip- ment, and the Collier County Supervisor of Elections {Supervisor} ss custodian of the County's vot- ing and ballot tabulation equipment. In consideration of the premises and covenants set out below, and for $10 and other valuable considerations in hand received by the County and the City, it is hereby acknowledged and agreed by the parties hereto aa follows: 1. The City acknowledges that only the Florida Constitution and the Florida Legiglsturs may con- fer jurisdiction on the Board of County Commissioners and the Supervisor of Elections through vari- ous legislative enactments. Jurisdiction cannot be conferred by agreement, consent, waiver, or other voluntary act or involuntary act since jurisdiction is established solely by general law. 2. Section 97.0:~1(6), Florida Statutes, provides the definition for "election' used throughout the election code and by definition, those elections for which the County and Supervilor ere responsi- ble. The City acknowledges that such definition does not include municipal elections. 3. Lfnder the terms of the City Charter, the City is responsible for the conduct of all its municipal elections except when the City chooses to call · special election to be held by mail ballot. Such In election is subject to a separate Agreement for Services. 4. The home rule powers granted to cities by the Florida Constitution provide for the conduct of the February 3, 1998 City council election under the City Charter. 5. To facilitate the City's conduct of its February 3, 1998 election, the Supervfsor of Elections shall do those items enumerated in Exhibit A identified es ~19.1, Security Procedures for Stand Alone Municipal Elections of Collier County. 6. The City shall provide to the Supervisor of Elections and the Florida Attorney General a copy of the City's letter of submission end response to and from the U.S. Department of Justice relative to er, y changes which the City makes relative to polling site locations or any charter amendment refer. endure questions. Such copy shall be provided no later than 5:00 p.m. o~rth day preceding the election. 7. Subject to the tarr,~s of this Agreement, the County agrees to laele/the following items to the City for use et the polls in/ts election: '120 '120 '120 '120 · 20 · 20 · 20 * 20 · 20 Voting booths, ELS or equivalent self-contained Model 5 alUm;hum 228 position vote recorders arid templates Magnifying lena attached to the ltylus chain Voting Stylus - one per booth Handic&pped stylus - one per precinct Demonstration vote recorders Ballot Boxes and Dallot box tab/es Ballot Box padlocks end keys Long-stub Ballot Transfer Cases, aluminum 20 ,~r~cinct Signs with mounting assembly Precinct directional -treat signs and mounting a~embly ° 20 Precinct supply bags but not supplies · 2_0 American Flags · 20 Flag Poles · 20 Vote Here Alphabet Card sets · 20 Alphabet card holders and assembly · Handicapped Access Ramps only if precincts used match that for which the County had constructed s ramp 8. The City shall contract for and acquire all consumable suPpiies used in the elecllon directly from the vendor. Consumable supplies ere those which may be used once. 9. The City shall arrange for the voting equipment preparation to occur between the hours of 8:30 a.m. and 4:30 p.m. on Thursday and/or Friday preceding the election date. 10. The City shall arrange to have the voting equipment supplies picked up from the Elections Warehouse at 8:15 a.m. on the Monday preceding election day. 11. No later than the third day following the election, the City shall check or clean out the equip* meat to insure that no City election supplies remain in the precinct supply bags, the ballot boxes, transfer cases, or voting units -- either ut, ed or unused. 12. The City IhaJl remove the melkl and ballot Pages from the voting machines and identify them for their records retention storage s~te. 13. No later than 5:00 p.m. of the Friday immediately following the "JleCtion, the City Ihsll remeve !ts su.'~plies - both used end unused -. and transfer them to the City's own storage facility. 14. The City shall c~ntract for and acquire ballot cards which conform to the standards provided by administrative rules adopted by the state. 15. The City shall use the county's certified tabulating lyltems, aa certified for use after July 1, 1993 under the new state Itendarda, and pay directly to the approved vendor all coati for pro- gramming, on-site election support, and any repairs required as s result of the city'l use. 16. Nothing i.n this Agreement shall be construed to require the County or the Supervisor to pro- vide the setup of equipment for use by the City. ! 7. Nothing in this Agreement shall be construed to require the County or the Supervisor to pro* vide for any conaumsbte supplies - those with a life expectancy of one use. 18. Nothing in this Agreement shall be construed to require the County or the Supervisor to pro- vide say oaths, lupplies, or training other :hen materials previously provided to the City by separate covers dated March 25 and April 8, 1993. '19. Nothing in this Agreement shall be construed to infer the County or the Supervisor interpreted the provisions of the City's charter or interfered in any way with the City'l exercise of its home rule powers pursuant to the conduct of the City election. 20. Nothing in this Agreement shall require the County or the Super¥i~or to arrange for the acquiai- lion or con,ruction of additional equipment for uae by the Ci~ at its poll sites should luch equip* rnent not a/ready be in the County's inventory for that specific poll Nta facility. AC, Et.DA ~ 21. Nothir~ in this Agreement shall be construed to require the County or the Sul ~rviac~o_ar- I1( /~"~ range for the installation and delivery and pickup of voting machines or equipment to ha C the poll ,it., for u,. on election day. .it~~,/~ 22. Nothing in this Agreement shall be construed to require the County or the Supervisor to er- range for or acquire any supplies for uae by the City for either the voting equipment or et the polls. 23. Neither the County nor the Supervisor shell be held accountable for equipment needs not con- tained within this Agreement. There shall be no last minute adjustments to this Agreement fo~ equipment or consumable auppliea. 24. The County end the Supervisor or the Supervisor's staff shall not provide equipment service calls during the course of the City's election. 25. Subject to the terms of this Agreement, the County agrees to lease to the City the ballot tabu- lation equipment components enumerated herein: · A Novell 388 file server with monitor and keyboard; · A Printronix 6<30 LPM printer; ° A 'host' {DTK 386} with monitor, keyboard, F&C card reader and controller; · A 'remote' 1 system {DTK 386) with monitor, keyboard, card reader & controller; · A 'remote" 2 system (DTK 386) with monitor, keyboard, card reader & controller; · Two MIO00 card readers; · All existing cabling and power cords; · Current county configured and att3ched Belt UPS Systems. 26. The County agre-s to lease the foregoing ballot tabulation equipment to the City subject to the following additional conditions: · The City shell utilize the services of Softech to program the system for ballot tabulation of the city election; · The City shall not remove the ballot tabulation equipment from the Collier County Government Center where it is in the Supervisor's custody or take any action which would jeopardize the aecuri- tV of the system or interrupt the custody chain. · The City shall conduct its Logic & Accuracy Test at 9:00 a.m. on Tuesday, one week prior to the election. · The City shall arrange for its County-approved contract agent to load the election*specific ballot tabulation software onto the County's equipment between the hours of 8 a.m. and 9 a.m. no later than Tuesday, one week before the election. · The City shall arrange for storage of its copy of the ballot tabulation program at · site other than the Collier County Government Center. · The City's failure to comply with any of these provilions es determined by the Supervisor of Elections shall invalidate this Agreement except for paragraphs 33 and 34 since such action would have implications for subsequent County elections. 27. The City shall be and is solely responsible for the content and format of any affidavits end training materials used in the course of its election. 28. The City shall be and ia both responsible and liable for any training of its election workers, the development of its training materials and all actions taken by the City's poll workerl during the course of its election day. 29. The City shall be responsible for ~/l activity relating to any absentee ballots it chooael to pro- vide voters for Its election -- including processing requests; addressing absentee envelopes; verifica- tion of voter sil;~naturas; and providing lists of absentee voters to city candidates subject to the oath ,'equirements of 398.095, Florida Statutes, being filed with and authorized by of Elections. 30. With the sole exception of tha voter registration book closing advertisement, the ity Ihl~tJ~r~ proper bilingual advertisements for required election notices in · newspaper of gene~ circulation Pg. Naoles Election Aqreemerl! 4 within the county. 31. The City shall provide the necessary training and personnel on election day to verify absentee voter signatures, open absentee ballots and prepare the voted ballots for actual tabulation. Such work shall be conducted under the rules established by the City Canvassing Board. 32. Except for precinct registers, the City shall be responsible for ratentiun of all election materials and shaft obtain State Bureau of Archives authorization for records destruction once 22 monthl have lapsed per the Voting Rights Act time frame. 33. With the exception of activities relating directly to the Supervisor's determinations regarding voter registration end eligibility and to the extent permitted by law, tho City shall pay for the Super. visor's selection of defense counsel and indemnify/and hold harmless the County, the Supervisor of Elections, their officers, agents, and employees, from and against any and all actionl, In law or in equity, from liability or claims for damsges, injuries, losses, and expenses including attorney'l fees, to any person or property which may result now or In tho futura from City's activities associated with this City election, arising out of or resutting from any and all acts of omission or commission relating to the City's election or the City's responsibility under this Agreement. Further, to the ext- ent permitted by law, the City shall pay for the Supervisor's selection of defense cot~nsel and in- demnify and hcld harmless the County, the Supervisor of Elections, their officers, agents and em- ployaes, from and against any and all actions, in law or in equity, from liability or claims for damag- es, injuries, losses, and expenses, to any person or persons authorized by the City, its employeel, or agents to Participate in the City election when not otherwise eligible or from events relating ex- pressly to City election activity. 34. All costs, including attorney's fees and court costs, shall be paid by the City for: a. litigation involving payment due to the County or Supervisor and for collection for any judgment recorded against the City, or b. litigation involving the City's election whether brought by an elector, the U.S. Department of Justice, or others. 35. The Supervisor or her staff shall prepare and advertipe bilingually the voter registration book closing in accordance with general law and obtain an Affidavit of Publication for same. Said adver. tisement shall subsequently be billed to the City which shall be responsible for Payment. 36. To lease voting units, ballot boxes, and other supplies listed within this contract, the fee shall be t50 per voting unit (~50 x 120 units - $6,000). The fee shall cover replacement parts and shipping necessary to repair any damages to the County's voting unit or equipment leased to the City. In the event the cost of such replacement partl exceeds the amount of the fee, the City shell reimburse the county for the difference. The fee shall be paid to the Supervisor no less than 45 days prior to election day. 37. Within 10 calendar days of the city election date, the City shell provide any replacement parts or equipment for that were lost, stolen, or damaged while in the City's POSsession. 38. If the Supervisor's actual City election costs exceed the amount of the fee, the Cky shall pay the Superviaor's bill within ten calendar days of its receipt. Rates for the Supervisor's bill Ihall be actual costs associated with the following: · computer sort time at the rate of $75 per sort: · computer printing at the rate of $.003 per name_Jta,~Z time the name Il printe, · computer Printing at the rate of $.005 per name each time the name il printe mailing, labels, or current cost; · actual coats of adverUling the voter registration book closing; · actual staff labor costs for work unique and peculiar to the City's election; JUL 2 2 I~7 Ne~les · actual records retention storage costs at the rata of $.25 per cubic foot of materiel kept 22 months; · actual costa of containers used to store election related materials O $5.50/box; · actual cost of providing duplicate roll of microfilm of precinct registers plus underground storage for same O $.75 per year; · $10 for the duplicate roll of microfilm by the City election registers; · t'.32 for postage on #10 envelopes, or current rate; · $2.32 for certified mail postage, or current rate; · $.0125 per page of county Precinct Register paper used {does not include date processing aorta or printing costa); · $.032 per page of letterhead stationery or current cost: ' - · $.0328 per #10 letterhead envelope or current cost; · $.0348 per ~10 window letterhea(j envelope or current cost; · $. 11 per purchase order or current cost; · S.082 per voucher check or current cost; · $.15 per page for 8.5~ x 11' or 8.5' x 14' copies; · a.20 per page for duplexed copies; '$ ! .00 per Page for certified copies of available public records; · $15.00 labor costs for each page of letters or documents produced; · actual cost of any expenditures required by the City's election and paid by the Supervisor. 39. Notwithstanding all provisions for Payment set forth in this Agreement, Section 101.002{2), Florida Statutes, provides the City shell be responsible for all costs associated with manpower, equipment, postage, and any other City election costa aa enumerated in Section 97.021 {8), Florida Statutes, whether or not specifically set forth in this Agreement. 4C. Nothing in this Agreement relieves the City of its responsibility to develop security procedures for its election. The County and Supervisor of Elections responsibility for security regarding the City's election are limited to those items contained in the attached Exhibit A. 41. The Supervisor of Elections has no liability for costs or expenses or other liability incurred by the City in preparation for this election should the U.S. Espertmsnt of Justice note an objection in its response to the City Manager's request. Further, should there be · response noting an objection which would delay or prohibit the conduct of the election, the City ia not relieved of any related financial obligation owed to the County and Supervisor arising from fees, goods and services, or other costs and expenses whether or not specifically set forth in this Agreement, incurred by the Supervisor up to the time the City notifies the Supervisor in writing of the Department of Justice objection. 42. T, j City shall obtain an insurance policy which shall name the County as additionally insured or agree to provide coverage thru the City's self-insurance and shall assure that the County will have no financial obligation which includes the City's responsibility for paying any deductible for any damages to the County's voting and ballot tabulating equipment and systems used in a City election. The City shall provide the County with a Certificate of Insurance for said coverage or a resolution indicating such coverage under the City's self-insurance program. 43. In the event there is an election protest, contest, or sequestration order arising from the City's election involving any component of the County's voting system and/or equipment which would preclude its further use until the metler has been resolved by the courts and the County has an erection scheduled where the equipment must be used, the City shall make a $25,000 security deposit to Collier County within four calendar days of the issuance of the sequestration order for the tabulation component and an additional $25,000 if voting units are involved. The unused bal- ance on the security deposit shall be returned to the City when the legal matter has 44. The City shall arrange for candidates, candidate supporters, and members of ti" gregate and await election results in some publicly accessible meeting area such AGE/~dSA ITEM. ,s theJ~p.u~t~ L~.~7 Commission meeting room, city hall, or other compar-ble location. C~, ~Jl~X~l~. M m may be given tOUm of part~ of tl~ ~ecured Irl~ of th~ ~ Office. The C~y ~ Bo,rd, It~ precinct election workers, /~ el~'~:~n ni~l~ working, arid tt~ ~ ~ ~ hated with custodial ~Jpervi~ion of the flcility fo~' I~ ~ ~ I:~ ~ m ~ ~ ~ t~r processing. 45. This Agreement shall be valid only for the Ci~ election hMd ~ 3, 1~. 46. In the event any part of this Agreement ts determined 1~ be ~ b~ · ~ M earns- patent jurisdiction, ~aid ruling shall not invMidate the remeir~g ~ M lite Agrmmamr~. IN WITNESS WHEREOF, the pm'ties hereto authorize cop. secutively numbered pages plus s one page 'Exhibit A' m'ta~-ne~ se~l this ~ day of JLJ_~, , 1397 L'~ the N~I~ of , 1997 by the Collier County Board Elections. ATTEST: DWIGHT E. BROCK, CLERK COLLIER COUNTY BOARD Of: COMMISSIONERS Ap~ov~d e~J to fo,'m arm legal ~ufflci~lcy for the (:outcry: Chief Assistant County Attorney Timothy L. Hancock, Chairman SUPERVISOR OF ELECTIONS Mary W. t~)rgan .Y'. t?, ¢? ATTEST: CITY (~PLES Bill/~'rne'~ Mayor Apl~ove~ a~ to form and legal m~fficiency for the City: ~orney ~:~q'I,qK~&CSI~T OW. - ?M~m - t 2 40:.11 Iqd: . · M4fyW. Idotle~ k~)i. Y4~f M ~ 1 1. Pa; F.S. 97.055, the Elections Office will advertise the registration book closing. 2. Provide the City with a precinct by precinct demographics report within seven days of registra- tion book closing. . .. 3. On the 6th day preceding election day, the Elections Office will run the computer sort to pro- duce precinct registers for uae by the City (not required for mail ballot election). 4. On the 4th day preceding election day, the Elections Office shall deliver the precinct register(s) to the City Clerk no later than 5:30 p.m. (not required for mall ballot election). 5. If the City leases the County's voting equipment Inet supplies}, permission must be obtained frc)rn both the County Commissioners and the Supervisor of Elections for each election date per F.S. 101.36. The Ci~ shall provide the Coun~ with an itemized Jir~ of requested equipment no less than 45 days prior to election day. The Coun~ shall not be required to provide equipment it does not have nor shall it ~ required to provide all equipment requested. 6. If authorized by the County, the City sha~l arrange to pick up the leased equipment, prepare ~t for use in its election, and deliver it to their polling place(s). 7. ~ Ci~ shall return lea~ C~ equipment to t~ Ele~nl Office t~ day I~er the elec- tion. ~ ~ui~m ~ ~ in t~ ~ ~ition ~ w~n ~ w~ received by the ~. 8. ~ ~ ~ i~ ~ b~, ~ ~ ~ ~, p~ to t~ ~ of votes, ~ ~ ~ ~ ~ ~ f~ ~ ~~ of vot~ ~nm~ on a~m~ ~ to ~ E~ ~ ~ ~ ~. ~, ~ ~ ~ ~ to ~ ~ ~, ~ ~ ~ ~ganiz~ in alphe~fi~l order 10. If ~ ~ ~ ~ ~.~ ~t ~ ~. o~y ~ ~i~r of ~e~n~ ~curi- ~ ~ for ~ ~ ~t~ ~ ~ ~. ~ C~y Ihall ~ re.naiVe for all other 11, ~ ~ ~ ~ ~m t~ pm~n~ ~i~tarl~} once voter hiato~ he~ ~en posted 12. The ~ Office shall retain the precinct register{s) for twenty-two {22) months and then shall seek B~reau of Archives authorization for destruction. 19, 1995; D/~OK AGENOAJTEM JUl. 2 2 Iune 20, 1997 OFFICE OF CITY CLERK lVfiu3t W. Morg~, Supervi~r of Election~ Collier County Courlhouse 3301 Tamiami Trail, East Naples, Florida 34112-4971 Re: Agreement for Election Services - 1998 City of Naples C~neral Election Dear ~-y: Enclosed is the above agreement executed by Mayor Barnett based on City Council approval at the rc-gulat meeting of the 18~. I will forward · copy ofthe applicable resolution when finaliz, zd. Please let me know when the agreement has been approved by the County Commission. Sincerely, Tara A. Norma~ CLA, CMC 735 EIGHTH STREET, ~)UTH · NAPLES. FLORIDA 33940 EXECUTIVE SUMMARY Pt'.'T1TIO0/ NO. PUD-97-3, DWIGHT NADEAU OF MCANLY ENGINEERING AND DESIGN INC., REPRF~ENTING JAMES R. COLO~IMO, TRUSTEE FOR THeE ULTIMATE LAND TRUST, RIng.rESTING ^ REZONI~ FROM "A' AGRICULTURAL AND "MILO' TO PUD TO BE KNOWN A~ TWIN EAGLF.3 GOLF AND COLIN'fRy CLUB FOR A 1~ OF 275 DWELLING L~qlTS, FOR PROPERTY ON THE NORTH AND SOUTH SIDES OF IMMOKALEE ROAD (C.R. 846), IN SF. CTION 17, 20, 29 AND 30, TOWNSHIP 48 SOUTH, RANGE 27 EAST, COLLIER COUNTy, FLORIDA, CONSI.~TING OF 1,374.09 ACRES. OI~CTIVE: Tl~is po'~ion seeks to have c. erta~ l~md now zoned "A" R~c,-aJ Agricultural rezoned to a "PUD" Planned Uz~t Develop~en~ diztrict cla~"ification. CONSIDERATIONS: The proposed PUD Master Plan and regulatory document outlines a development scheme consisting of tw~ 18 hole golf courses, other recreational amen/ties ancl 275 single family detached home sites. A xu~stantiai portion of thc site contains jurisdictional wetlands which are to be preserved totaling some 30:i acres, however, as a consequence of mitigating certain environmental in~pac~ additional conservation areas will be estabtished within the Common~R~on Area wkich compri~ some 7711 acres of larxi. Only 298 acres of the total acreage of 1,374 acres will be uti '-lized as housing sites. The proposed Twin Eagle~ Golf and Country Club project is located in the Agriculturally designated area according to the Future Land Use Element of the Growth Management Plan. The FLUE as it a~plies to lane[ within the non-urban designated area does not estabLic& an exclusive agricultural environment and does authorize non-farm related lgn~,ing provided the density does not exceed one dwelling unit per five (5) acres of land. Equally a~ important in ternu of sWacturing conditions for no~l-l'arm residential development the GMP currently requires that private on-site ~ystems for providing waste.water disposal and potable water be provided (i.e. septic tanks and wells). Those GMP policies, are, however, not so clear that they are subject to determination at least in the case of whether or not c~ensity is to !~ determined on the bas~ of one dwelling u~it requiring a five (5) acre lot, or averaging five (5) acr~ over the gross ar~a of all of the land included in the project. The Collier Cout~ty Land Development Code authorizes the Planning Service~ Director to make a finding of~nsistency with (3bi/' elements. The Planning ServJce~ Director has made a finding tha! the FLUE allows density averaging over the ent~'e acreage of the project so that the gross density of a project not exceed one dwelling trait per five (5) acres, and therefore, a//ows clustering dwelling units over the prc,.ject area on. lots determined acceptable in the PUD. Should the Board of Commissioners similarly determ~e the mat~ of density to include density avernging then this petition if approved is consistent w-ilh the FLUE. Relative to the matter of z~wer and w~er utilities recent EAR amendments to the G~ authorize proje~ct centr~L?.ed sys~-ras for providing wastcwater treatment and potable The PUD document structures three alternative ways of providing a potable water supply and sanilary sewers to each of the individual housing sites and golf course facilities. Two of the flu'ce alternative, ..~.,,.'__m~..nsistent wi.th th, GMP ~s =ended by the EAR _ ~s,-~,~ ~wer ami water ~ystem in the opinion of staff was found to be inconsistem within these utility elements of the GMP. Nevertheless, the Planning Commission decided to approve the PUD document retaining the provision for connection to the Orangetree Utility System. It should be pointed out that staff review of the Orangetree settlement agreement advised a limited geographic boundary for the development, therefore, it follows that may extension of utilities outside that boundary would' be inconsistent with the Settleme,at Agreement. As a consequence of planned highway improvement at Immokaleo Road and C.IL 9:51 this petition if approved was deemed consistent with the Traffic Circulation Element. The devclopm¢.~t commitments section of the PUD contains conditions which when implemented will ensttre that requirements of the GM_P and LDC are effectuated. Those which cala be illustrated on thc Mar, er Plan have been so illustr~ed. The Collier County Plarming Commission's recommendation includes their concurrence with the finding for both PUD and standard rezones pursuant to Section 2.7.2.5 and 2.7.3.2.5 which form a pan of the Commission's approved staffrepon. The Collier County Planning Commission reviewed this petition on July 3, 1997 and by a vote of 6 to 2 recommended its approval to the Board of County Commissioners as described by the PUD regulator), document and Master Plan attached to the Ordinance of Adoption. The two dissenting voters cited Urban sprawl as their bases for objection. Several members of the public addressed the Commission including a representative of the Conservancy of Naples and the National Audubon Society. Both recommended that more time and study of the impacts wer~ needed. Three other area residents spoke in favor of the re'zoning action while thr~ letters in opposition to the pro.feet were received by staff. I;I$CAL 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 feea prior to the issuance of buildip, g permits to help off-set the impact of each new development on public facilities. These impact fees are used to fund projects in ~he Capital Improvement Element n,:~led to maintain adopted levels of service for public facilities. In the event that imp~-t eoliecfions are inadequaZe to maintain adopted levels of service, the County mu~ provide supplemental hinds from other ~:venue sources in order to build needed facilities. GROWTH lVlANAGEMENT IMPACT: ~t'o~ a~bo~:stthe~tlw~.~hu~e'e L~tan.d. mt__e~sity of development of the ~bject pro w found to be con.sisten~ h,., ,,; ..... . o ~e LIMP. Other related consist ...... : pert), .ere st,=, .....~--' ..... - ~a..vuvae mine way in which devel .......... ""~Y ~r .... s., ~,~,,~.~ zor reguiatmt; the mariner of development..'v,-~., ~onmuons were~d~ [ ,IUL In view of the consistency finding~ staff finds that there is no negative or other adverse impact resulting fronl the adoption of this peti~on. Development permitted by the approval of this petition will be subject to a concurrency review under th~ provisiotu~ of the Adequate Public Facilities Ordimmce No. 90-24 at the earliest or next to occur of either final SDP approval, ~ phu approval, or building permit issuance applicable to this development. itlSTORIC/ARCRAEOLOGiCAL IMPACT: Staff's analysis indicates that thc petitioner's property is located outside an area of historical m~i m'ehaeological probability u referenced on the official Collier County Probability Map. The~fore, no Historical/AxchaeoJogical Survey a~d Asse~ent is requital PLANNING COMMISSION RECOMMENDATION: The Collier County Plarmmg Commission recommends approval of PUD-97-3 as represented by the propo-~d Twin Eagles PUD document and Master Plan. Further, that the PUD provide that in the e~'ent the GM? is amended to allow package wa.~ewater t~'eatment plants and potable water supply systems that I:heir implementation be required, or otherwise be served with a sewer collection and wate~ transmission system as proposed in the Utility stipulalions section of'the PLrD. C'ItlE F PLANNER DATE REVIEWED BY: RERE, AICP ~ DATE -- DO~w. ,~RNOLO, AICP ~ PLANNING SERVICES DEPARTMENT DIRECTOR DATE - A. CAtrrZKO, DATE PLrD-97.3 EX SUMMAR¥/~ AGENDA ITEH 7-I TO: FROM: DATE: COLLIF_R COUNTY P~G COMI~ISSION COI~RfNITY DEVELOPIVl~2qT SERVICES DMSION JUNE 2, 1997 RE: PETITION NO: OWNER/AGENT: PUD-97-3, TWIN EAGLE GOLF AND COUNTRY CLUB McAaly En~neering & Design, ~nc. 510 ! F.~ Tamiami Trail, Suite 202 Nap]es, ~]orida 34 ] 03 4o99 N. Tamiami Trail, Suite 305 Nap/es, Florida 34112 (,tames R. Colisimo, T,ustee) RF-OI~$TED AcrIoH, 'l'hi~ petition seeks to rezone certain property from "A - MI-IO" Rural Agricultural with a Mobile Home Overlay to a "PUD" Planned Unit Development District. .G EOORnPmC Th~ property cortsining of 1,374 acres more or leu ties in pan on the north and south side of ]mmokalee ,Road (C.R. 846) approximttte/y three (3} miles east of C.R. 951 in Town,ship 48 South, }L~nge 27 Ea~, Sections 17, 20, 29 and 30 (see location map following page). IX d O., ,a scRn on oF The pmpos, ed PUD Master Plan and regulato~ of two 18 hole golf courses, document outlines a development scheme con_~_,~ other recremional amenities and 275 single family detached home sites. A sub~3tial po~on of the tke contains juriscti~o~ wetlands which are to be preserved totalin8 some 305 ~ ~wever a~, a conseque~e of mitiga~g certain e~n4ronmemal ~pac~ additional cmuernt~on areas wiU be e~tablished within the Common.VRecreation Area 771 acr~ ofl~d. Only 298 acres ofthe total acreage of 1,374 acres wfl] be utilized JULY21997 Existing: (North Tract) - The property has ~rved in pan as pasture land for the raising of caxtle, otherwise a mLmber of vegetative communities a.M wetland as~oc~ted communities make up the remalnd~ of tl~ no~lh tract. The property i~ zoned 'A-MI-IO" Rural Agricu/mral With Mobile I~o~e Ovedav. (South Tract) . The property con~isU of a number of vegetative communitiea and wet/and a.uociatM communities. A ~ area ~ved as a cow camp area co~ two tr,~ers, and a s~orage buildi~ The property is zoned "A-MI-J0' Rural Agricultural W~th a Mobi/~ Home Surrounding: North - South - On the north side of the property lying north of Immokalee Road the property is contiguous to the Golden Gate Estate~ Subdiv/s/on, wh/ch is zoned "E" Estates and therefore ~llow~ residential devflopmeat one dweiLLn8 uait for each 2.25 acres. With respect to the north tract the property comiguou~ to the Golden Gate Esta~= Subdivision. The south tract (i.e. lyin8 south of Lrnmoludee Road) li~ contiguous to property zc.~ed "A-MHO' which vaca~lt. LmmokaJee Road bi~cu the property and comdmte~ the ~ side of the north tract. The ~ side of the ~outh tract i~ co=figuous to the Golden Crate Estatm Subdivision. The west side of the north tract lies adjaceat to the Bonita Bay GoLf and Country Club which came as a resuh of approval of a conditional use witb~ the "A" Rural Agricultural district. The we~ side of the south tract lies adjacent to e'eu zoned 'A-M2.iO" some residential developmem has occurred on private Analys/s for cons/stency with applicable ele~..ents of the Collier County Cn'owth Man~ement Pb.n m/v/se as follows: '~M:I~~ . The property is des~g:u~ted Agricuhural/Ru~ ILesidential Subdistrict on the future Land Use Map of the Future Land Use Elem, advise as follows: AG~eNOA'ITEM JUL Il g 1997 The ^gricultung/rural la~d Use Designation is for those areas that are remote fi'om the existi~ development patterns, lack public facilities and services, are environmentally seraitive or are in agricultural production. Urbanization is not promoted, therefore allowable land uses are of' low intensity A limited selection of' land uses other than iow density residential and agricultural will be permitted. Such uses include: essential services as defined in the most recent Collier County Zoning OrdLm~ce; parks, open ~pace and recreational use; commtmity facilities such as c~rches, cemeteries, schools, ~re and police station~; utility and communication facilities; earth mir~& oil extraction and related proce~ing; a~ph~t pla~t as a Conditional Use as de~ed in the Coll,ier County Development Code (Ordinance 91-102 aflopted October 30, 1991), provided ~ the asphalt plant compatible with surrounding land uses, is not located in a County, State or Federal jurisclictio~-d wetland area and any required buff'er zone is not located within the Cn'eergine Area of' Concern for the Florida State Park System as established by the Depa~'L,'nent of Natural Resources ('DNR.) or witlzin the Area of' CriticaJ State Concern as depicted on the Future Land Use Map, and is not located within 1,000 feet of' a natural reservation; migrant labor housing as provided in the most recent Zoning Ordinance; travel tr~er recreational vehicle parks providing that the following criteria are met - the site has direc: access to a road classified as an arterial and the use will be compatible with surroundin~ land use. ~ ~y menu~l use m ouuying areas. Residential land may be ~owed at a maximum density of' 1 unit per $ gross acres. ~ - Pursua~m to provisior~ of the LDC, agents for the petitioner reque~ed an interpretation fi'om the Planning Services Director for the purposes o~' determ~ng whether or not the above density provision means one (1) dwei~ng unit on a five (5) acre tract of.land, or one (I) dwelling unit per five (5) acres based on the gross area of the site. 8y communication dated December 2, ! 99~ the Services Director opined that the FLUE may be interpreted to authorize a density of.one (1) dwel~g unit per five (5) gross acre of' the la~d area that comprises the application for rezoning. Therefore, each housing unit site need not be a minimum of.five ($) acres in area as long as other land area L~ ~side as open space so that the gross density between development sites and open space area is equal to or greater than one (]) dwelling unit per five (5) acres of land. Within this lb'nited conte:~t the ~tition is consistent with the FLUE. ~ and Sar~i~,~:~_~l.r~. The proposed project Ilea out~ide the Collier Couaty Water & Server l~strict boundaries. The PLFD document structures four alternative ways of' provid~ potable water supply and sarfi~a~ sewers to each of the individual housing ~e~ and 8oil' course x~'"cilities. These include private on-~e ~sterr~ (i.e. welL~ ~xl leptic ta~:), i-tm~llatioa of' pac~e pLtm~ and cemr~ project water system, extensimu ami co~ectioa to neaxe~ Cotmty facilities ~ commotion to the Oran8etree Utility Company water ami ~ver system. Except for ~.,'stem~, other alternatives identLfied would not be cor~L,~tem with the ~ewer aad w~er ele~T~e~t of' the C_rb~. Current ~ewer a~d water element policies do aot provide for any type of' con~ecfion to Collier Couaty uti~e~ or on-site package tre~'xn, ent pl~ts arid water ~3~tem or in the opinion of' ~ ~:xdd allow expa~on of a private system in the non-urba~ area. Spec~cal¥ these pollc~, ~bLlow$: Policy !. 1.2: (sewer) - Consistent with the urban growth policies of the Future Land Use Element of this Pla~, provision of central sanitary sewer service by the County is limited to the service areas shown in this Plan and to areas where the County has legal commitments to provide facilities and services as of'the date of adoption of thJ. s Plan. Policy 1.1.4: (sewer) - Permit development of package sewage treatment plato systems only within the Design:ted Urban Area of' this Plan only in are, ts where County wastewater service is not currently av~lable, and allow same only on an interim basis until said County service is available. Allow individual septic systems within the County only when connection to an existing central system is not readily accessible to render service and note that where septic systems are allowed, and future County Policy 1.2.2.: (water). consistent with the urban growth policies of'the Future Land Use Element of' this Plan, provision of'central potable water service by the County is limited to the service areas shown in ~his Plan and to areas where the County has lesal commitments to provide facilities and services as of'the date of'adoption of'this Plan. Policy 1.2.4: (water) - Permit development of' potable water supply systems or individual potable water supply wells within the County only on an interim basis when connection to an existing system is not readily accessible to render service and require connection to the County Regional System when available. Proposed amendments to these utility elements provide for on-site centralized systems of' sewage treatment and collection and a common potable water supply system with approval of' the Board of' Conm",issioners. Spec/tic, ally these proposed policies are r,.ated as follows: Objective 1.5: The county wiO discourage urban sprawl and the proliferation of'private sector sanitary sewer service suppliers in an effort to maximize the use of' existing public facilities through the development order approval process by implementing the following policies. Policy 1.5.1: Discourage urban sprawl by permitting central sanitary sewer systems only in the Designated Urban Area of' the future Land Use Element of this Plan, and in areas where the County has legal commitments to provide facilities and service outside the Urban Area as of'the date of'adoption of'this plan unless otherwise approved by the Board of' County C'~mmissioners to address environmental or public health and safety concerns. Policy 1.5.2: The County will discourage urban sprawl and proliferation of' private sector and/or package sanitap/ sewer treatment systenu through the development order tpproval process to insure maximum utilization of' the existing and planned public facilities, unless otherwise approved by the Board of' C.oun.,,-y Commissioners to address en~'onmen~ or public health and safet~ concerns. No existing private sector or package treatment system will be permitted to add customers unless all levels of' Sers4ce Standards arc met, and operations are in conformance with ~ DER permits_ JUL 2 FJg? Therefore, should this amendment to the GMP be approved and should the BCC approve on-site cen'caLized utility systems then the development would be consistent with the sewer and water ~ - PoLicy 5.1 of' the TCE states that the BCC shall not approve any request that significantly impacts a roadway operating or projected to operate at aa unacceptable level of' serve, ce unless specific mitigation measures are taken. Staff aralyrJs indicates that by 1998, the trips generated by this project will exceed the significance test on Immokalee Road (CR-846) both east and west of CR-95l. It also exceeds the significance test on CR-951 south of Irnmol-~lee Road by 2001. Furthermore, this segment of CR-846 is also projected to be deficient by 1999 or 2000 while CR-951 south oflmmokalee Road is expected to be deficient by 2005. However, the pIanned road improvement to 4 lane this segment of CR-846 (eom 1-75 to CR-951) is planned to be completed by 2001. The scheduled 4 lane improvement of CR-951 south of CR-846 is projected to be completed by 2002. Lastly, the site generated trips on CR-846 east of CR-95] will exceed the significance test but will not lower the level of service below it's adopted LOS standard. As a result of the planned road improvements, the capacity on the deficient segments will increase thereby improving the LOS to acceptable ;evels at that time. When the existing plus the committed road improvements are factored, all road segments within the project's radius of development influence (RDI) will be operating at an acceptable level of service at the build-out of thLs project. Therefore, the proposed rezone request is consistent with PoLicy 5.1 &: 5.2 of the Tra~c Circulation Element (TCE) of the Cn'owth Management Plan. ~gi~LF,~l~R~g = The project has been master planned to conserve identified jurisdictional land and to mitigate those occurrences where jurisdictional lands are traversed with a roadway. Additionally, the PUD document contains development commitments ensuring that development activities will be in compliance with provisions of' the LDC and State permitting requirements. It should be noted that 305 acres or 22% of the total land area is set aside as 'preserve" areas. This is exclusive of another 771 acres of' commons/recreation land, a portion of which, approximately 115 acres will also be set aside as conservation land. By design and by stipulation the project is consistent with the conservation element. C~,dl-S~_F~lllgllt . More than seventy-eight (78) percent of the land area will be devoted to qualifying open space and includes all preserves, conservation or other lands used for recreational purposes. Addkional open space will also be created with each building site. This is far in excess of the sixW (60) percent which is required for residential PUD's, and is therefore consistent with the open space element. ~.~a~ . The conceptual water maaagement plan submitted with the application and developer commitments arrest to a finding of' consistency with the Storm Water Management Element. :NO other elements of the GM:P are appLicable. petition is der, reed consistent with the GMP. Under the conditions of approval herein described this NO. ~ JUL ,~ 2 1997 Su~ffs analysis indicates that the petitionffs property is located outside an area of historical and arc. haeolog~cal probability as referenced on the official ColLier County Probability Map. Therefore, no Hi~oricaVArclu~eological Survey and Assessment is required. Pursuant to Section 2.2.25.8.1 of the Land Development Code, fi.during the course ofske clearing, excavation or other construction activity ~ historic or archaeological art/fa~ is found, ~11 development wilhin the minimum are~ necessary to protect the discovery shall be immediately stopped and. the Collier County Code Enforcemem Departmem contacted. Th~ subject petition has been reviewed by the appropriate staff responsible for oversight related to the above referenced areas of critical concern. This primarily includes a review by the Community Deveiopmen! environmental and engineering staff, and the Transportation Services Department sta~. The petition was reviewed by the £AB on June 4, 1997 and they recommended approval subject to certain revisions to the PUD which have been incorporated into the PUD document. Juri~ictional staff~ve also made recommendations for modification of PUD provisions to ensure Compliance with L~. requirements and these have been included in the PUD. Staff' completed a Comprehensive evaluation of this land use petition and the criteria on which a favorable determination must be based. This evaluation is intended to provide an objective, Comprehensive overview of the impact of the proposed land use change, be they positive or negative, culm. inating in a staff recommendation based on that comprehensive overview. The listed criteria are specifically noted in Section 2.7.2.5 and Section 2.7.3.2.5 of' the land Development Code thus reclturmg ~taff evaluation and Comment, and shall be used as the basis for a recommendation of approval or denial by the Planning Commission to the Board of County Commissionerr Each of the potential impacts or Considerations identified during the staff review are listed under each of the criterion noted and are categorized as either pro or con, whichever the case may be, in the opinion of sta~. Staff review of' each of' the criterion is followed by a summary Conclusion culminating in a determination of Compliance, non-compliance, or Compliance with mhigafion. These evaluations are completed as separate documents and are attached to the staff'repon. Appropriate evaluation cf petitions for re. zoning should establish a factual basis for supportive action by ap,ooimed and elec~ecl decision makers. The evalua~on by professional staff should typically incJude an anaiysh of the petition's relationship to the Community's future land use plan, and whether or not a rezoning action would be consistent with the Collier County Growth Management Plan in all of' its related elements. Other evaluation considerations should include an assessment of adequacy of transpona~on infrastrucuu-e, other infi'a~ructure, and Compatibility with adjacent land uses, a Consideration usually dealt with as a facet of analyzing the relationship of the re~ long fringe plan for future land uses. JUL g 2 1997 · P~. _..~. Notwithstanding the above, staff in reviewing the determinants for adequate Hndings to support a rezoning action advise as follows: o]~.~onsNo to Furi~ and Exiatin~ Land Usr~ - A discussion of this relationship, ~s it applies specifically to ColLier County's legal basis for land use planning, refers to the relationship of the proposed zoning action to the Future Land Use Element of the Coil/er County Growth Management Plan. The property lies within the Agricultural/Rural designated area. By interpretation this deaignation makes it possible to rezone land where the residential density does not exceed 1 dwelling unit per five (5) acres of gross land area included within the PUD boundary. A golf course, and related and accessory uses is also an authorized use of land in the Agricultural/Rural desigr~a!_~ area, and therefore zoning actions which include a golf course is consistent with the Growth Management Plan. The County's land use development strategy is established by virtue of its adoption of a Comprehensive Land Use Plan. The Comprehensive Land U~ Plan is the product ora whole series of related and interlocking development strategies, not the least of which is maximizing the County's economic resources to achieve the most cost efficient method of providing for the development of land. When the Comprehensive Plan was formulated and subsequently adopted, we presume that all of these interrelated considerations were taken into account, resuiling in the land use development strategy illustrated by the Future Land Use Map and its textual support documenL The Comprehensive Plan alleges a development strategy that would establish a difference between an urban type of residential development and a density associated with an predominately agricultural environment. The question which requires resolution is whether or not a development scheme clustering residential development to a smaller portion of a much larger parcel of land, while maintaining the non-residential pan as open space, is consistent with this strategy. Clearly, the Comprehensive Land Use Plan does not prohibit residential development in the agricultural area but rather provides a density constraint ofone dwelling unit per $ acres ofgross project area. Clearly, we cannot say the intent of the Growth Management Plan is to prohibit the conversion of agricultural land to a non-agricultural use. Neither is it reasonable to assume that it is economically unfeasible to create subdivisions of five (5) acre lots in the Agricultural/Rural designated area in view of the existing nature of certain agriculturally zoned areas, historically developed by unplatted acreage lots, most often with inadequate provision for roads and drainage. While current laws prevent this from happening today, nevertheless a landowner may choose to do a subdivision of five (5) acr~ lots in the Agricultural/Rural designated area. The results for all practical purposes is the same as if the same number of housing units were clustered within a tract of land similar in size to that of the sum of the five, acre lots. The point is that ifthe intent of the GMP is to simply provide for a clear demarcation between urban residential development and an agricultural/rural type of environment then averaging development over the gross area to achieve one dwelling unit for each five ($) acres of land will in the opinion of staff achiev., a distinct development difference between the urban and non-~ implicitly the goal of the GMP. [ .... K~.ly, rCrc,.,a.~ - 7 JUL ~ ~ 1997 O~her evaluation criteria includcs compatibility, adoquacy of i~ctur= and timing of dcvelopmcnt which is typically rclatcd to the fuxling of adequacy of infi'astructur~. In the opinion of st~l' the~ evaluation criteria do not apply for residential development that is decwncd consistent with the FLUE to the GMP as it a~plies to the non-urban area because the development is authorized with on-site infrastructure as opposed to it I~ing imcgrs~d into a countywide in.fnwa, uctur~ system. ]~clationahio to Wastcwater Disposal and Potabl~ Water Sure, Iv - Current provisions of these elements of the GIMP r~uir~ individual on-site lot systems (i.e. septic tank and wells). Amendments to these clements wer~ recently tran.smitted to DCA to allow package treatment plaats and centralized potable water supply systems. Both curt,mt and proposed provisions prohibit connection to the County's Sewer and Water utility system or another utility system. In the opinion of staff centralized sewage treatment and potable water systcms with collection and distribution lines is less likely to contaminate ground water supplies than individual r~idcntial lot systems, and ~ercfor~, is prcfcrable. This is also preferable because at some time in the futur~ the utility system is already in place to connect to the Count3/s system with ',he minimum of disruption to existing developed areas. On the other hand if one accepts the proposition of utility systcrns cornn~on to each development, then it does not appear that any goal or objective is achieved by not allowing a developer to finance the construction of a utility system that would connect to the County's system, because if the ban on extending the County's system into the non-urban area is to discourage residential development then clearly this is not being achieved in view of a landowners ability to have private systems. Historically, private systems have experienced operational difficulties raising public health concerns. This can be avoided by encouraging connection to the County's system, particularly in view of the fact that this r~lationship no longer has a nexus to establishing a disincentive for development in the non-urban area, given the fact that private package treatment plants and centralized water systems will have the same effect as integration into the County's system. Should this project go forward on the bases of individual lot septic tank systems then it should be noted that the minimum size lot will be 30,000 square feet, which should function adequately for said on-site systems, notwithstanding staffs recommendation that a system common to ali of the development is preferable. ~ - Immokalee Road (CR-846) is planned to be improved to four (4) lanes from 1-75 to CR-951. Construction is scheduled to commence on October 1, 2000 and is estimated to be completed by 2001. In addition, CR-951 from Inunokalce Road to Golden Gate Boulevard is listed as a future 4 lane road to be completed by early 2002. Lastly, no mad improvement is planned for the segment CR-846 east ofCR-951 by the build-out of this project. Roadway segments with project trips exceeding 5 percent ofLOS "C" design volume are presumed to have a significant impact on the roadway. The LOS "C" design capacity for Immokalee Road between 1-75 and CR-951 is 18,300 VPD, therefore, the project is presumed to have a significant impact if the project trips exceed (5%) or 915 trips per day on this segment. If the project trips exceed 565 trips per day on CR-951 or Immokal~ Road east of CR-951, the project is also pr~umcd to. have a significant impact. The presumed impact is verified by determining if the project's .~11 chan~e the. !eve. l of ser~. 'ce_of the roadway below adopted standards by addint the to me pmjectecl bacxgrouna U'affic. [ s JUL 2 ~. 1997 Policy 5. l of the TCE sta~es that the BCC shall not approve any request that significantly impacts a roadway operating or projected to operate at an unacceptable level of service unless specific mitigation measures are taken. Staff analysis indicates th~ by 1998, the trips generated by ~is project will exceed the significance test on Immokalee Road (CR-846) both east and wes~ of CR-951. It also exceeds the significance tes~ on CR-951 south of Immokalee Road by 2001. Furthermore, ~his segment of CR-846 is also projected to be deficient by 1999 or 2000 while CR-951 south of Immokalee Road is expected to be deficient by 2005. However, the planned road improvement to 4 lane tl~s segment of CR-846 (fi.om 1-75 to CR-951) is planned to be completed by 2001. The scheduled 4 lane improvement of CR-951 south of CR-846 is projected to be completed by 2002. Lastly, the site generated trips on CR. 846 ~ of CR-951 will exceed the significance test but will not lower the level of service below it's adopted LOS "D" stancl~rd. As a result of the planned road improvements, the capacity on the deficient segments will increase thereby improving the LOS to acceptable levels at that time. Whet, the existing plus the committed mad improvements are factored, all road segments within the project's radius of development influence (RDI) will be operating at an acceptable level of service at the build-out of this project. Site generated trips do not exceed the significance test on the projected deficient segment of Immokalee Road fi.om CR-31 to 1-75. Therefore, the proposed rezone reques~ is consistent with Policy 5.1 & 5.2 of the Traffic Circulation Element (TCE) of the Growth Management Plan. Traffic management system improvements including provisions for turn lanes, ~c signals and arterial level street lighting are appropriately provided for in the PUD document ~ - Sewer and water utility provisions have been described above. With respect to ~oma water drainage the project lies in the Corkscrew Canal and Cypress Canal Basins, with discharge through the Curry Canal with ultimate outfall to Naples Bay via the Main Golden Gate Canal. The water manasement system serving Twin Eagles provides for water quality treatment and storm abatement for a 1374+/- acre residential golf course community. The system is separated into two basins. The northerly lands contain 1114.5+/- acres total. There are 204+/- acres of lakes and 248+/- acres of preserve area. The controlled area of this basin contains 877+/- acres. There are 165+/- ~ of' lakes and 67+/- acres of preserve area. the lakes and preserve areas receive runoff' fi'~ma the residential areas, roads, golf course and mmaral areas. Runoff. i~ collected via a ca~ia basin ~d culvert system that directs the runoff, into natural areas and swales for conveyance ~o the lakes or by direct overland flow into the lakes. The controlled perimeter of the wa~er management system will be maintained an elevation of 16.07' NGVD, the 25-year, 3-day flood elevation, to detain all surface The southerly basin contains 260.+/- ~ total. There are 20+/. acres of lakes and 85+/- ~ of preserve area. the lakes receive runoff.fi-om the residential areas, roads, golf course and natural Ruaoff is collected via a catch basin and culvert system that directs the nmoff, into natural areas swales for conveyance to the lakes or by direct overland flow into the lakes. The controlled perimeter of the water management system will be maintained at an elevation of 16.40' NG 3--day flood elevatiork to detain all surface runoff.on-site. Development as planned would appear to represent an improvement to stormwater impact to the surrounding area. .~lallRL~I~ Facilities and Se'~_, - The nearest planned shopping and profe,~onal office services lie three (3) miles to the west at the intersection of C.IL 951 and Immokalee Road which is an "activity cemer". A convenience store and ga~ station is located one and one-half miles (I ½) east of the project entrance at Randall Boulevard. The nearest fire station is the Corkscrew Smion on hrmaokalee Road also near Randall Boulevard, a distance of'approximately (1 ½) miles. The nearest hospital facilities are located at the North Collier Health Park (i.e. Nme (9) miles). Ironically, these charact~isti~ are not significantly different then those which would be experienced by prope~es in ~UD Document Deveiooment St~ncLtrd~ - The Twin Eagles GoLf and C~ CI~ P~ d~ ~ m~ei~ ~ a Co~ PI~8 S~ M~el P~ d~t ~ t~ of fo~ ~ ~ to ~ ~v~ ~d LDC relafio~ps. It should ~ not~ t~ o~ ~ goff ~ ~ ~ r~on ~fies t~s P~ o~y ~ows sin~e f~y d~ch~ hom~. ~ lot d~elopm~ ~ ~ ~ ~e ~ ~o~ r~ for ~e ~F-1 SM~e F~y ~d~ ~. ~e P~ ~ pr~on for a ~ hou~ or ~ a~~o~ for Iou ~ a ~ ~ of43,~ ~e f~ (1 ~) wMch is the L~ r~~ for a ~ ho~. ~ore, ~e P~ d~ not ~e to ~ ~ no~ ~d~d for ~o~g ~ ~~o~. Utility provisions within the PUD development commitment section remain inconsistent with the GMP utility element insofar as provision is made for extending a sewer and water system to the C)r~getree utility system. Additionally, staff does not support other utility provisions which would allow the developer to choose whether or not a package wastewater treatment plant and sewer lines will he constructed, and a centralized potable water system established, as opposed to septic tanks and wells, as,mining the GiMP is amended allowing package and centralized sewer and water systems for individual PUD developments. Staff's position is that developer commitments should be structured to provide that in the event the GI~iP is amended to allow package and centralized project specific sewer and water systems that this be the required method of providing a sewer and water utility system, otherwise private on-site systems (i.e. septic tanks and wells) are allowed. It should be noted tim the minimum floor area required for each single family home is 3,500 square feet, a standard substantially higher tha,n required under the RSF-I district. ~_.P. laa - The Master Plan introduc~ a four way intersection with hnmok-,lee Road attributable to its location north and south of lmmokalee Road. The entire area lying south of Imrnokalee Road is designated for recreational uses including an equestrian center and riding trails. An eighteen (18) hole golf course and clubhouse, ~ries of lakes and 275 homesites lie north of' Irnmo~ce Road. These uses of land are accessed via an imernal system of streets, providing maximum recreation open space views fi.om each homesite. Notwithsta~ding environmental permitting requirements, and their impact upon the final design of streets and uses of Ism4. esff' is of' 10 JUL ~ opinion th~! the IViuter Plan is optin~lly executed lo produce · very high quality type of res/dential development. ~TAFF RECOMA~NDATION: isu~..Dbe deleted. CHIEF PLANNER That the Collier County Pla~ Commission recommend approval of PUD-97-3 ns rel~'esented by the proposed Twin Eagles PUD doo. tme~ and Master Plan. Further, that the PUD provid~ that in the ~,'v~t the ~ is amended to tllow package wutewster treatment plains and potable warn. supply systems O~at their implement~on be required, and test all the land be sawed with · sewer collection snd wster transmission system and fi~rther that reference to a connect/on to the Orangetr~ Ut~ Petition Number: PUD-97-3 StaffReport for July 3, 1997 CCPC moetin8. COLLIER COUNTY P~G COMMISSION: MICHA~. A. DAVIS, CHAIRMAN il FIND~GS FOR PUD-97-3 TWIN EAGLES GAP AND COUNRTY CLUB Sec~on 2.7.3.2.5 of the Collier County Land Development Code requires the Planning Commission to make a Rnding ~ to the PUD lv~ster Plans' compliance with the following The suitability of the area for the type and pattern of development proposed in relation to physical charncteristics of the land, surrounding areas, traffic and ac¢__~_~ drainage, sewer, water, and other utilities. ~ (~) Open space and cortservadon go*is are enhanced by clustered development vis-i-vis minimum agricultural lot sizes per dwelling unit. (ii) Residential development is allowed in non-urbanized designated areas, therefore, this petition is consistent with FLUE to the GIV~. Ih-o:_ (iii) (iv) Con: The property is master planned in a mann~ consistent with state, regional, and local conservation laws. The project is designed and con'm~tments are made for adequate supporting infi'astructure (i.e. dr~e, sewer, water, other utilities and access It could be said that development represe~.s a pr~e loss of harm-al habitat. ~ Jurisdictional reviews by County sta~ support the m. nner and pattern of development proposed for the subject property. Development condition~ comaix~! in PUD document 8ive assurance that all i-n~a.s~cture will be developed and be consistent with Courwy reg~ds_fions. Any inadequacies which require supplementing the pLrD cloc~nent 'Mil be recommended to the Board of County Commissioners as conditions of approval by ~ta~. Recommended mitigation mea.s~n-es will assure compliance wi~ Lev~ ~f Scrvice re'ationships as prescn~x~l by the Growth Management Plan. Adequacy of evidence of nnlfled control and suitability oi' any proposed a~'~snents, corm-act, or other htstrnments, or for amendments in those proposed, particularly as they may relate to arrangements or provisions to be made for the eontinuinl operation and maintenance of such areas and facilities that am not to be provided or maintained at public ~xp~nse. /~ Evah.uttion not applic~le, JUL ,~ ;~ 1997 ~L[IL0J=rt~ Documents submitted with the application provide evidence of un~fied cornel. The PUD document ma~es appropriate provisions for con+dnu~n8 operation and maimermnce of common ar~aa. Conformity of the proposal Planned Unit Development with the goals, objectives and policies of the Growth Management Plan. O) The land u~a authorized by this petition are consistent with FLUE goals, objectives and policies. Pro: (ii) The ma,'~er of developmera by interpretation, land planning strategies and PUD development commitments bring about conformity with GM~ elemenll, their goals, objec~es and policies. ~ (i) GMP elements to some extent require interpretation to support findings of conformitT. F~ The mbject petition ha~ been found consistent with the goals, objectives and policies of the Growth Management Plan. A more detailed description of this conformity is addressed in the Staff Report. The internal and external compntibUity of proposed uses, which conditions may include restrictions on location of improvements, restrictions on design, and buffering and screening requirements. (i) Prol (ii) To the greatest extent the design for development places open spaces or golf cot~rse areas next to adjacent properties. Imernally the design maximizes the view fi'om each residential building site. None. Findin~_iT'ne PUD Master Plan has been designed to Ol:aimize internal land use rehtion~hip through the m of various forms of open space, goff course fairway~ and lakes. External relatio~hips are automatically restdated by the Land Development Code to a&mre harmonious relationships between projects. The adequacy of usable open space areas in existence and as proposed to serve the development. 'ro: 0) By virtue of the clustered development st~ate~ and recreation ~rea amen~ crapEs.sis ~his development represents the most optimum response to open space preservation and enhancement. JUL g 1997 [. None. ~ The amount of open space ~et aside by this project is greater then the provisions of the Land Development Code. The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. Pro: (i) Utilities (i.e. sewer and water) nay be private on-site systern~ making the issue of timing extension of public utilities redundant. ~ (i) May represent a premature extension of public utilities or d~minution of maximum utilize_don of existing utilities. ~ Timing or sequence of development in light of concurrency requirements is not a significant problem. See finding No. 1, also applicable for this finding The ability of the snbject property and of surrounding areas to accommodate expansion, Pro/Con: Evaluation not applicable. ]~ Ability, as applied in this context, implie supporting in~astructure such as wastewater disposal system, potable water supplies, characteristics of the property relative to hazards, and capacity ofroads. Thh assessment is described at length in the staff report adopted by the CCPC. Relative to this petition, developmen of the subject property in the ~ proposed include~ ~ovision of adequate on-site utility systems while transportation relationships are made subject to the County's Concurrency Management System and developm.-,nt phasing requh'emenu. Conformity with PUD regulations, or as to desirable modifications of such regntat~ns in the particular case, based on determination that such modifications are Justified as meetius public purposes to a degree at least equivalent to literal application of such regulations. ]~IiR/=C, Ral Ew~.mion n~ applicable. ~ This ~ euentially requin~ an evaluation of the extent to which development standards proposed for this PUD depart from development standards thai would be required for the most similar conventional zoning district. The development standaz~ in this PUD ar~ ,similar to those starxiards used for particular housing structur~ F1]~I~GS FOR PUD-PUD-97-3/pd JUL 2 RKZONE FINDINGS PETITION PU~9'7-3 Section 2.7.2.5. of the Collier County Land Development Code requites that the report recommend~ons of the Plaxmi~ Commi~on to the Board of County Commissiotera ~ show that the Planning Commi~ion h~ ~tudied ~d considered the proposed cha~e in relation to the foliowin~ where applictble: Wbether the proposed cbanle win be ~naistent with the ~oats, objectives, and policies and Future Land Use mnp and the elemenu of the Gre~th Manalemeut Plan; Evaluation not applicable. Summary Findintsl The Jnoposed development as structured is in compliance with the Future land Use FJemem of the Growth Mamt&ement Plan for ColLier County and aH other elements, their objective~ and policies. Companion PUD Ftndings evaluation as well u the adopted CCPC staff report add.,'ess~ ~ same finding. The exJstinS land use pattern; Pro/Coql Evtluation not applicable. Existing: ('~orth Tract)- (South Tract)- The property has served in pan u pasture land for the raL~in8 of cattle, other~ae a number of veseta~e corm~,Hfie~ and wetland ~ communkies make up the renutinder of' the north tract. The property is zoned "A-M~-IO" The property consists of · ntunber of ve~t~tive commun~es and wetland associated comnnmifie~ A smlll al'et served u & cow stors~ building. The property is zoned "A- MHO" Rurtl Agriculm~ W'~ a Moh~ AG£ND~ t:rru JUL g g lgg? · Surrout~g: North - Sou~h - On the north side of the property lying north of Inanokalee Road the property ia contiguous to the Golden Crate Ea~ate~ Subdivi~'on, which ia residential development at one ~ unit for encb 2.25 acres. With respect to the north tract the property l~es contisuous to the Golden Gat~ Estates Subdivision. The south tract (i.e. lyin8 somh of lmmok~lee Rosd) lies cont~.ux~ to property zoned "A-lV~HO" which is vacant. The south side of the south tzact is conti~ous to the Golden Gate Estates Subdiv~o~ T~e west side of' ~e north t~act Ilea adjacent to the Bonita Bay Golf and Country Club which came a~x)ut tt a result of' approval of a condit~onaJ use within the "A" Rural Asricttiturtl district. The we~'t side of t~ so~th tract l~es adjacent to zrets zoned 'A- lVl~O" ~e some residentiaJ development baa The possible crutJon of an isolated district unrelated to adjacent and nearby ~ Evaluation no~ applicable. ~nmmarv Findinn~__~. The parcel is of a ~d~ ~ ~ h ~ not ~t ~ ~ i~ ~ ~ to ~j~t ~ n~ di~ ~ d~opm~t of ~e ~ ~ ~~ a~ of t~ G~ ~ No~U~ ~o~ ~ ~on ~ h ~ ~ ~ ~ ~ d~o~ is ~ ~ ~C ~~. H~, ~n8 ~ ~ ~ ~ ~ or ~~ of~~ ~ M N~ ~~ ~ ~ ~ ~nidor. ~ ~ of~on ~ ~ ~ ~ of W'neUner existh2[ dist~ic~ boundaries m'e illogically drawn in Fehtion to exirtin3 condftJous on the proper~ pFuposed for chanze; ~ Eva~u~tion n~ ~.q~mmar~ F'mdl~. T~ district ~es are lo~ica~ clraw~ Whether cb~ged or chan~inF condition~ make the p~uage of the proposed resoning action nece3sary; ~ Ev~u~ion not ~pplicable. Summary Flndinzsj. The proposed zoni~ change is appropriate b~zd on t]~ ~ cond/fions and the master plan design which ~ccoums for nantral prc~rvaQon requirements and because ks relationship to the FLUE (Future Lend Use Element of the GMP) is by interpret~on deten'ained consistent. Neverthele~ with the exception of lot sizes, a 8olfcourse and residential development could be achieved on this property. Whether the proposed change will advers~y influenc~ living conditions in the neighborhood; Pro/Conj Evaluation not applicable. Summary Findin~I The proposed change will not adversely in~ence iivin8 conditions in the general area of this development becau~ the recommended developmem standards and other conditions for approval have been promulgated and designed to enmre the least amount of'adverse impact on adjacent and nearby developments. Whether the proposed change wiii create or ex¢~sivdy incrr~ traffic congestion or cr~te typ~ of tr~*flc deemed incompatible with surrounding L~nd uses, b~caose of peak volumes or projected types of vehicular traffic, including activity during construction phases of the development, or otherwise affect public safety; ~ (i) Development i~ subject to a phasing schedule designed to prevent this project from making a significant impac~ on Immokalee Road. ~ (ii) The development has direct access to a County arterial road. ~ (i) Development will increase traffic on Immokalee Road which may be perceived u an inco~enca to user~ ofthe road. ,Seminary Findinesl Evaluation of this project took in~o account the requireme~ for consistency with Policy 5.1 of the Traffic Element of the GMP and was found consistent, a statemem advising that this projec~ when developed will not excessively increaae tralrx: consestion. Additionally certain tr~c ~ system improvements are required as · condition of approval (i.e. mm lanes, tr~¢ sisnds, dedications, etc.). Ia the Cml aaa~s all projects are ~ubject to the Com:mTency MaaaSement system. Whether the proposed change will create a drainage problem; ~ (i) The design of the project, the bt, Se amount of retained cd' [ JUL221997 ci~ra~"~cs ~ r*-"'pra~mt ~ i~ of' pote~l] ~ ~ ~ (i) Noae. was reviewed for drainage rel~ons~tips and design and consmac~on plans are required to meet County standar~ ~s a cond~on of a,~roval, tn the ~ area wide de~c~endes develop, which de~ciencies would be further exacerbated by deve]opin8 vacaz~ land, the Coum7 is required to react through ~ Concurrency Manasemem systen~ Whether the proposed change will seriously reduce light and air to adjacent areas; ~ Evaluation not applicable. 10. ~ All projects in Co, er County are ~)j~'t to the development standm'ds that are tmi~e to the zoning district in which it is loc, aced. These development standards and others apply generally and equa~ to ~ zon~.g districts (i.e. open space re~uiremenL corridor management provisions, etc.) were de~is:ned to ensure that light penemtfion and circulation ofair does not adv~-sely affect adjacent are~. Whether the proposed change will adversely affect property values in the adjacent area; The type of development represented LT ~s petition should increase the value of surrounding properties az it ~ serve as an example for development in the non-urban area. This project may affect farm ~ valu~ and therefore heighten tim possibility of farm lind conversion to an urban type of use, ~J~lalJ~L~ ' Th~s is a subjective d~ermin~on ba.m:l upon anticipated remlu which may be intern~ or external to the subject property that can affect propen7 va~es. Property vaJuation is a~ected by a host of fl~tors includin8 zoning, however zoning by knett' may or may not ~cff'ec~ value~ ~nca value det~on by hw i~ driven by market at,ct value. I1. Whether the proposed change development ofadjacentproperty will be a deterreat to the Improvement or in accordance with existing regulation~; Evaluation not applicable. 4 12. Summatw Findinns- The basic premise underlying ali of the development stancLtrch in the zoning division of the L~nd Development Code is that their sound application when combined with the sdministrative site development plan approval process, gives reasonable assurance that a change in zoning will not res~dt in a deterrence to improvement or development of adjacent property. Whether the proposed change will constitute a ~rant of special privilege to an individual owner as contrasting with the public welfare; Pro/Con~ Evaluation not applicable. 1;3. Summasw ¥indints~ The proposed development complies with the Growth mana&~ Plan, a public policy statement supporting Zoning actions when they are consistent with said Comprehensive Plan. In light of this fact the proposed change does not constitute a gram of special privilege. Consistency with the FLUE is fitrther determined to be a public welfare relationship because actions consistent with plans are in the public in~erest. Whether there are substnntial reasons why the propert7 cannot be nsed in accordance with existing zoning; Evaluation not applicable. Summary Findints; The subject property can be developed in accordance wit. b the e~dstin8 zoning, however to do so wouJd deny this petitioner of the opportunity to maximize the development potential of the site as made poss~le by its condstency relationship with the FLUE. 14. Whether the change suggested is out of scale with tt~e needs of the neighborhood or the County; Evaluation not applicable. ~;ummary Findingsi The proposed development complies with the Growth Management PlazL a policy statement which haa evaluated the scale, density ~d intensity of land deemed to be acceph~ble for this site. ---- Whether is it impossible to find other adequate sites in the County for the proposed use in districts ah'eady permitting such use; Evaluation not applicable. Summary Findintsl There a;e many sites which are zoned to accommodate the proposed development. This is not the determining fisctor when evaluating the · . ~ts ot me ~MP, compatibility, ade~ua~, of LI~ .......... r .... tt' nmg ofthe action and all of the above crii~a?' s 't'be.p.h.~d c.h,~ri,~ or the propa.~ and ~e d wo~ ~ ~u~ ~ ~ ,~ .... ~ of si~ ~n ~ und~ ~e p.~ u,n~ ~~;~abk for any of ~e ~ge of ~ ~ ~ E~alua~on not N~plicable. ._T~_, impoct of devebpment on the availabfli~ of nd uat~ ? couhteut ~b the ~eb o~ serv~ .~--o-~ ,_? - __pubic hcnab nd fvL~tfgmm! Plan and as del"meal -=~ ,_~,*~*,,v~u..re_me ~offler County Adequate Pubflc Fa,.O~ ,-,~-- ..-u unp0emented through the Co~er ~ Evah2~on not appUcable. ~OTE: ~ rne~s the Furore Land Use Element ofthe GMP. REZONE Fi~rD~GS PUD-97-3/pd JUL ~ 2 '1~7 PETZTION NUMBER~_[~9_~_-_~ .f.'] DATE APPLICATION FOR PUBLIC ~NING S~VICES p IN Name of Applicant(s) Ultimate Land Tru~ ...~ Applican~s Hailing Address {099 ~. Tamiami Tr. S~e 30~ Ci=y ~~ s~te ~ zip ~ Applicant's Telephone Number: Res/Bus.: ~94~) 262-303{ Is the applicant the owner of the subjec~ property~ ~ ~ Yes X No The applicant ~wns 1,'364 acres, and is con~ra for the remaining 10 acres, ct purchaser ~ (a) If applicant is a land trusK, so indicate and name beneficiaries below. __ (b) If applicant Is a corpora~ion o=her Khan a public corporation, so indicate amd ~ame officers and major stockholders below. __ (c) If applicant is a partnership, partnership or o~her business, so indicate and name principals below. .. (d) If applicant is an owner, indicaKe exacKly as recorded, and list all oKher owners, if any. (e) If applicant is a lessee, a~kach copy of lease, and indicate actual owners if not indicated on the lease. X (f) If applicant is a con~ract purchaser, at~ach copy of contract, an4 indicate actual owner(s) name and address below. L~hd 1 I I I I ! I ! Name of Agent MCAnl¥ En~ineerinu snd Desi.n. Inc, Agents Mailing Addrsss ~101 Eas~ Tamiami Tr.. Ste. 202. City ~%R]~ State ~ Zip 3410~ Telephone Number: Rss: _ N/A Bus.: 775-072~ 3. DETAILED LEGAL DESCRIPTION OF THE PROPERTY COVERED BY THE APPLICATION s£cTio~ ~l~._ TOWNSHIP ~ 17 ~D SE~~ _ SE~ION 20 ~D THE NORT~EST OUARTER OF SE~ION 20. T0~SHIp ~NGE 27 ~ST. COb~~Ty. F~RIDA. AND TH~ WEST HALF 0F THinEST HALF OF 7- -W ~ WEST 3~ ~ PURPO~ TME SOUTHEAST OUARTER OF TH~ NORTHWEST OUARTER OF SECTION 29. _TOW]'~SHIP 48 SOUTH, RA~ 7 . - RIGHT-OF-WAY PUR~$~~ -~KNORTHEAST OUARTE~_ ~ 48 SOUTH. 7 RIGHT-_QF-WAY PURPOS~_A~hD- _gF SECTION 29. TOWNSH~~ _OUARTER OF SECTION 30~_ 4. Size of property 1.374 acrg~ 5. Address or location of subject property: The subject property is located both on the north side and south side of Naples-Immokalee Road (C.R. 846) approximately 3 miles east of C.R,951. ' AG~D~iTEM JUL ~ 10. 11. 12. 13. 14. Existing land elevation _ 1]'-15, Criteria Elevation ~one X - NG%'%_ County Flood EL, a. Date subject property acquired (X) or leased ( ): ~ day or ---;~mm~x__, 30th, day of ____~~, 1997 Term of lease yrs./mos. b. If, Petitioner has contract to buy, indicate date of contract: ~ and date of closing: ~ Does property owner own contiguous property to the subject property? If so, give complete legal description of entire contiguous property. (If space is inadequate, attach on separate page). _. THIS APPLICATION IS INTENDED TO COVER: (Check which type of petition you are requesting): A. REZONING: PRESENT ZONING A. M~Q REQUESTED ZONING _~ FOR Residential/~Olf Course DePeloDment _ B. CONDITIONAL USE .. __ OF ZONING FOR REASON WHY APPLICATION SHOULD BE APPROVED (Attach additional sheets if necessary): See application letter IS THE PROPOSED USE PROHIBITED BY DEED RESTRICTIONS 9 ~ Y,s ~ No · IF YES, PROVIDE COPY OF DEED RESTRICTIONS. IS THIS REQUEST A RESULT OF A VIOLATION ~ No IF SO TO WHOM WAS THE NOTICE SERVED ? ' , HAS A PUBLIC HEARING BEEN HELD ON THIS PROPERTY WITHIN THE LAST YEAR ? _~ IF SO, IN WHOSE NAME ? ARE THERE EXISTING STRUCTURES ON THE PROPERTY ? N9 TYPE: CBS ... , FRAME ~, MOBILE HOME , OTHER JUL ~ ~ 1997 I I 11 I I, James R. Colomimo, Trustee for the Ultimate Land Trust, depose and say that the Truer ia owner\contract purchaser of the property described herein and which is the subject matter of the proposed hearing; that all 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 and belief. I understand this application must be completed and accurate before a hearing can be advertised. ~ further permit the undersigned to ac'a as our representative in any matters regarding this Petition as evidenced by the attached Agent Letter. I ! SIGNATURE OF OWNER STA?E OF ~ co~?y oF ~ SEE AGENT LETTE~ SIGNATURE OF/WNER ' I I The foregoing instrument was acknowledged before me this , 1997, by Dwight Nadeau, Plenning Director of McAnly E~gineering and Design, Inc., consulting firm acting as agent for the Ultimate Land Trust, an unrecorded Land Trust. He is personally known to me and did not take an oath. Berrie p. MeAnly ~ - NOTARY PUBLIC Commission Number: 417497 C:\Ws\MULE\~WiNPUD.APp (2/97) 4 JUL 9 g 199 ULTIMATE LAND TRUST BENEFICIARIES I I I Mahmoud Adam Alan I. Brinkrnan P.C. Profh Sharing Plsn Alan I. Bg~ Am Colo~mo ~c. ~ond H. Esh~l~ Du~ Ev~ ~c~d E. For~ & Or~e C. Fore~ or Su~vor ~ch~d H. ~mes St~ ~ff 1 ! 82~0 C~ ~c. Crgg J. Ma~s & Debra K. Ma~s ~OS J~es A. ~l]er Mitchell Entc~fises, Inc. Harold C. Muter Steven H. P~dgctt & Mae P. Padge~ Desmond Pi~k GST Tm~ Io~ L. Pa~k OST Tm~ Linda Kuligows~ Pa~k OST Tm~ ~ P~k GST Tm~ Dou~ Pa~k P~k GST Tm~ I~es Pa~k GST Tm~ ~mberly Pa~k Mal~n A. Pa~k Trust Pa~k OST Trust Paul Pa~k Pa~k GST Trust Debra Po~er ~ch~d Pfeil M~I~ I. Piper ~lli~ D. ~ps & Marine ~pps ~li~ C. T~o~ch Steph~ ~ T~o~ch ~I Tuck~ O.~ V~d~ B~ & J.P.C.M V~den Bfi~-Roosen Cvl I. C~s ~ors BRT P~ne~p JoM Urqu~ Martin ~. ~alen & Su~ne M. P~llip L. Woods JUL ~. ~ 1997 ! COLOSlMO, INC. REAL ESTATE [NVF. STMENT SERVIC£S I McAnly Englnezring ~nd Design, Inc. March 21, 1997 $101 East 'rlm~lml Trail, Suite 202 I Naples, Florida 33962 To Whom It May Concern: I Ple~e be advised that authorization is hereby given to the fi !1 ts .~gent for the Ultimate L~nd Trust .... ~, .... rrm of MeAnly Engineering and Desi n. lac · . , J'-,-~ ~.. %-.oJoslmo ts . . tho cortsh"~ction ora residential ~, t ....... .~_. _,_ -., . Trustee, m all actions ralatin to · · ~ S ..oi ..... ~ uuvcmpment for the following described la. Is: g the permitting · ectlon 17 and Section 20, less and exce t Section 20, Town.ship 48 South p the So.u. th 100 feet of Section 20 and the Northw m , Range 27 East, Coiher County, Florida; a~d est Quarter of ~ .The West s/i of the West t~ of Section 29 Townshi _ ns right-of-way purposes, and less the West ~0 fee p 48 $ou~,_ R~le 27. Ez.st, less the North 100 feet fo .... t thereof for mad right-or-way purposes; znd r road .~ne ~outae~.st ~ of the Northez.st ~ of S-~-: ....... I'or ro~ right-of, way purposes, a~d ~-.un ,~,, lowrtsmp 48 South, Rznge 27 East, less the E~t 30 feet .., The Northeast ~.~ of the Southwest ~ of Section 29, Tow~hip 48 South, Range 27 E~t, less the E~t 30 feet i for road right-of-wly purposes; ~d ~ The West ~A of the Southeast ~,~ of the Southwest ~ of Section 29, Township 48 South, R~ge 27 East; and nl The, .Northeast M of the Nor~e~t *.~ of °~'- ~' ....... saio I~d lying, bei .... .~ .: ........ .~.,.~ au~uu~east ,/, ot.~e~ion 30, Townshi,. ~a e^,,,~ u ......... I -' ~, "s -nu ~guat~ in ~OIllef ~OUrlty. Florida. ~. -,, o~,=,,,, ~"~,sg z/t-ash ail · .. -..s ~ ." -"~' ~"~--~',..~' 4 * .~a_~me~ '1~. colo~trao. · "' U1 t:imat:e Land ' ~"~ STATE OF ~"-/~ ,- ~ ,~'/n 'rrus~: ~ The foregoing instrument w~ acknowl n Coios[mo Tru . ~Xed before me this ~[a of , stee for Ult,mate Land Trust. He is pe~rson~l ~' 1997, by lames R. ~ ~ identification and who Jilt/did not ~c~ an oath y £nown to me or has produced NOTARY PUBLIC · C.~mmission Number: Witness my hn,--,d a~d seal -- this ~ day of .~ s-/-,_~--~ , 1~97. 4099 Tamiami Trail North, Suite 305 · Naples, Florida 34~03., 941-262-3034 · FAX P41-262-8307 l. 270? Sth Street, Naples, FL 34120 June 24, 1997 Collier County Current Planning Section Dcvelopment Services Building 21100 North Horseshoe Drive ~ Naples, Fl. · r~ lNG ,.~J:IVICES R.E: Petition # PUD-97-3 A.~ ahome owner whose property line is backed up to this project I am v~'y concerned about this proposed community. kIP, ST: Our land is low and has been flooded in the pa~t- I want to know what the developer~ phn to do with their water run off from their land for their community. It should not be allowed to drain on our land! SECOND: W~nat about the extra tratTic this will cause on hnmokal~e I~)ad to make more safety prob- Inns for those people who now use the road to get back and forth to towv to work every day. The devdoper should be assessed extra impact fees to pay to widen lmmokalee Road to alleviate the hazed they Will create when they add all the proposed residences to the stoa. THIRD: What will be put between the proposed development and the back of the properties that will border it? What will we have to look at across the back of our lot7 Will appreciate it if the co_mmissioners will give serious consideration to these problems tnd insist that the developers resolve them BEFORE they are given approval for the proposed r-.zoning. Thank you. ¸:0 JUL 2 1997 P. O. Box 9616 · Naples, FL 34101 (94 I) 59 I-1363 june 24,1997 JU~I 2 5 ~7 PLANNING SERVICES Collier County Curmrrt F~anning Section ~lopment Services Building 2800 North Horseshoe Drive East Na~s, FL RE: Petition # PUD-97-3 ,~.s a land owner adjacent to this project, and planning to build on my land in the next few rnc~tl% I am ~ concerned about a couple issues re83rcling this proposed community. FIRST: As the ar~a is Iow and has been flooded in the past I am concerned about what the developers plan to do with their water run off. Is all, or part, or their water problem ~oinB to be drained off on our lana! That should NOT be allowed. SECOND: I am concerned about the extr3 traf~c this will cause on ImmokaJee Road cr,,.~:ing furlhe¢ safety problems for those people who now use the road to ~ back and forth to town to work ¢.~¢y d~. The de~loper should be assessed extra impact fees to pay to widen Immolczlee Road to aJleviate the hazed they will create when they add all the proposed residences to the ama. THIPD: What type of dMder or fencing will be put between the proposed development and the back of the properties that will border it. Wh.~t will w~ land owners have to look at7 VV~II it be attr-a~tiv~, or will it be the "trash' and maintenance 'face" of' this community? ~,Vill appreciate it ~ the commission.s will gi~ serious consideration to these problems and insist that the developers resolve them BEFORE they are ~'k~n approval {'or the proposed r~zoning. Thank you. Sincerely, Frances LThibert JUL ~ 2 1997 "....,.~. ORDINANCE NO. 97- AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102 THE COLLIER COUNTY LAND DEVelOPMENT CODE W~4ICR INCLUDES THE C(~PR~RENSIVE ZONING R~GULATIONS FOR THE UNINCORPORATED ARIA OF COLLIER COUNTY, FLORIDA BY AMENDING THE OFFICIAL ZONING ATLA~ ~ NUMBERS 872930 and 482728; BY C~NGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED PROPERTY FRO~ 'A' R~ AGRICULTURAL AND NIT}{ A MOBILE HCetE OVERLAY (K~O) TO 'PUD" PLAY, NED UNIT DEVELO~NT ~NO~N A~ TWIN F. AGLES GOLF ARD COUNTRY CLUB FOR A I~XIMUM O£ 275 D~ELLING UNITS FOR PROPERTY LOCATED ON THE NORTH AND SOUTH SIDES OF IMMO~LEE ROAD (C.R. 856), IN SECTIONS 17, 20, 29 & 30, TOWNSHIP 48 SOUTH, RANGE 27 F.J~ST, COLLIER COUNTY, FLORIDA, CONSISTING OF 1374.09 ACRES; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, Dwight Nadeau of Mc~ly Engineering & Design, Inc., representing James R. Colosimo, Trustee for the Ultimate Land Trust, pe=ltioned the Board of County Commissioners to change the zoning classification of the herein described real 9roperty; NOW, THEREFORE BE IT ORDAINED by the Board of County Commissioners of Collier County, Florida: SECTION ONE: ,ne zoning classification of the herein described real property located in Sections 17, 20, 29 & 30, Towl%ship 48 South, Range 27 East, Collier County, Florida, is changed from ~A" Rural Agricultural with a Mobile Home Overlay (MHO) to 'PUD" Planned Unit Development in accordance with the TwinEagles Golf & Country Club PUD Document, attached hereto as Exhibit 'A" and incorporated by reference herein. The Official Zoning Atlas Map Numbers 872930 and 482728 , as described in Ordinance Number 91-102, the Collier County Land Development Code, is hereby amended accordingly. SECTION TWO: This Ordinance shall become effective upon filing with the Department of State. -1- JUL ~ 1997 t~AE$£D ~IO DI.TZ,¥ N:)O~;D by th~ ~a=d of Co~[y Co~tsstone=~ of Collier County, Florida, thts -- day of , ~ 1997. ~ OF C~ C~ISSI~ COL~I~ C~Y, ~RIDA ATT[ST: D~IGI~T E. BROCK, CLE~ BY: TZ~OTh"Y [.. HANCOCK, CHAIJ~%~I APPROVED A5 TO FORM AND LEGAL SUIqICID~C~ ~MARJORIE M. STUDENT ASSISTANT COUNTY ATTORNEY -=- JUL ~ 2 1997 T~T..AGL~ GOL~ A~'D COt~'T~¥ CLt~ A I~LA~D UNIT DEVELOI~MFJ~T lt~EG'UI.,ATION$ AND $UPPOR. TINO MAST'E~ PLA.~ PLA~D U?~T D~.OP~r? ~ANT TO PROVISIONS OF TH~ COLLI]~t COUNTY LAND DEVELOPMENT CODE FOR: LrL'I'HviATE LAND TRUST ~ COLOSD,40. TRUSTF~ 4099 N. TAM2AAfl TlR.Al1., STE. 305 NAPLES, FLOP.IDA 34112 PREPARED BY: McANLY ENGINEEE~G AND DESIGN, TNC. $I01 EAST TAMZA~fl TRA.rL, STE. 202 N'A/"LES, FLORIDA 34113 DATE REV]t"9/ED BY CCPC DATE A.ITROVED BY {{CC OILDINANCE AMENDMt'NTS AND REPEAL JUL P., 1997J TABLE OF COI'~rKN'~ LL~ ofEx~itz ~ Ta~les Statement of' Comp[itnce ~ection I Section II Section III Section IV Section V Section VI Le~ Des~iption, Property Ow~ership and General Description Proje~ Development Rcsidemitl Developmem Sta.'~dar~s Commons~te~reation Areas Development Standards Development Commitments i I-I ll-I IV-i V-I VI-I JUL P. g 1997 ..o 3.7 LIST OF £xRrB~rs AND TABL£~. EXHmFr TABLE TABLE PUD MASTER PLAN PRO~ECT LAND USE TRACTS DEVELOPMENT STANDARDS JUL E~/997 STATEMEHT OF COMPLIANCE T~ development at' approximately 1374 acres ot' property in Collier County as a Planned' Unit Devflopment :o be known u Twin,E. agles Golf and Country Club will be in compliance with lhe gosJ~, objectmves and pohcm~ of Colher County as set for~ in ~'~ C~'owth tv~anagement Plan. The resldentLO ~ recreational t'acflitles of'TwinEagles Golf'and Country Club will be cofl~stent with the ~owOt policies, land development re~lations, And applicable cornprehendve Idannlng objectives ofuch of the elements or'the Growth ]~fanagement PLan for the foflowlng rations: The subjec~ property for development b within the Alricultund/Rurel ~ Use Desit"nation as identiRed on the Future Land Use ]v~p u provided t'or in ~iv~ I, 5. l, and as formally interpreted to be consistent pursuant to Community Development Environmental Services Division Interpretation 1-96-7, dated December 2, 1996, from wl~ch no appeal was filed. The project development implements Policy 5.6 of the Future La.qd Use Element through irmovative design, efficient utilization of' open spaces, and conservation ot. environmentally sensitive treas. The pro.~em development design, incorporating very logy imenslty residential component, extensive preservation of' natural ~eas and expansive open spaces, ensures compat~illt7 and complements existing and fUture surrounding land uses as required in Policy 54 ot'the Future Land Use Element. Improvements are planned to be in compliance with applicable land development regulations as set forth in Objective 3 of.the Future L~nd Use Element. The project development will result in an efficient and economical extension of' communi~, facilities and services u required in Policies 3. ! .H and L of.the Future Lind Use Element. The project development is planned to incorpor~.te natural ST~ems t'or water management in accordance with thelt natural ~tl~tions and capabilities as m~y be required by Objective 15 of. the Dra/nage Sub-Element ot' the Public Facilities Element. The project density of. one dwelling unit per five ~'oss acres is in compliance ~th the Future Land Use Element of. the Growth ~[anagement Plan be~d on that lame t~identlal density being the maxJmum allowed t.or lands within the Agricultura.r~Rura] Mixed Use designation. JUL P., 2 1.I SECTION I PROP£RTY OWNERSHI~ AND DF-SCRITFION 'l~e purpose oir this Section is to ~-t forth the location and owner~ip of Ibc propmT, a~l to describe the exi~tinI condltion~ of the prup<'tm7 propo~xl lo be developed under the projec~ name of TwlaEalles Gull.and Coufltr7 Club. !.2 L£GALD£SCRI71'ION The subject property beinI 1.374.09 acres is described Section 1'7 and Section 20. Less and Except the South 100 ~'eet O1' Section 20 In4:l the Northwest Quarter of Seclion 24. Townsl~p 48 South, Range 27 East. Collier County. Florida. snd The West Hell. of the Wcst Hall.o/Section 29. Township 41 South. Ranlle 27 East. ~ the North lb0 feet ~'or road tisht-of-wey purposes, and less the West 30 I'e~ theteol' for road rishtool.way purposes, tnd The Southeut Quarter o~'the Northwest Qu.u:.er or'Section 29. Township 48 South. IL~nge 27 East. less the East 30 feet for road risht..ol..w~y purposes, and The Northeast Qua~e~ of the Southwen Quartet' of Sectlon 29. Township 48 Soud% ]Ltnge 27 ~lSt, less the ~ 30 l.eet for road tight-of, way ~ re'sd The West Half of the Southeast Quarter of the $outhwesI Qu~ner of Set,on 29. ToMtship 48 South, Range 27 ~ ~d The Northeut Quan~t of the Northeast Quarter of the Southess~ Quarter o!' Section 30. Township 48 So'Jth, IL~$e 27 East, ~d ~ lyin& being and situated in Collier Courny. Florida. 1.3 PROPERTY OWNI~RSHI~ Thc subject propert7 is currently under the ovmership of'the Ultimate ~ Trust. James IL Colosgmo. Trustee. 1.5 I)iiYSICAL DESCRITTION This project lies within the Bi{ Cypress drainap bssin and just outside otr Wale~ M~n. sgemem District ~Tumbe~ 7. The existial drais,~ pattern of the site is to the somh. 'w~e runoff' enters the lmmoktlee Road Canal. As s~-m pa,ems va.T. the ronoif the~ flo~ eifl~- ~ or west in the canal depexlinI on the I~h of least m/staa~ (hTtr~ui~.qy). In rec~ Mnory, the flow d~ection hu been ~mm'ly to the ~ due to · co~uk c~ouing unde~ lmmokalee Road restrlc~I ~ to the cut ultimate out'fall beini~ the Gult'of'Mexlco. W~t~en runoff, flows in an etsterty dh'ect~ k is tn"butsty to the Gordofl Rivet via the Golde~ Gate Canal Systec'fL with ultimate outf~ll being the Gull' or' Mexico. I-! Water Managernenl f.or tee proposed projecl will use an interconnected lake system with hydrologic connections Io pl, eJetve areas a$~xiated ~ith the project. Existing, elevations within the project bounda.,ies vt,T from 12-15 NC;VD with the average ~rade being 14.$ NGVD. The site is located in flood zone 'D' u indicated on FEMA panel 1200~7 0225D. The soil types on the site ir~ude ~oiopaw fine ~ (approximately 56%). PJviera fine s.u~d, limestone subs~rztum (ipproximatdy 19%). Boca, Ri~erz, limestone substratum and Copeltnd fine sand depres,sional (approximately 15%), Oldsmar fine sand (approximately 6%), Btsinger 6ne sand (approximately I%), Holopaw fine sand limestone substratum (approximately I%), T't. Drum and l',4alabaz l-fi~,h fine ~ (approximately I%), Immokalee fine sand (approximately 0.5%), and Chobee, Winder and Crator soils, depressional (approximately 0.$%) Soll characteristics were derived from Sheets 16 ,,nd 21 from the Soll Survey of' Collier County Are,t, Florida, issued by the US. Department oir Altrlcuhure (Soil Conservation Service) in January 1990. PROJECT D £SCRIIrI'ION The TwinEagies Golf' and Country Club PUD shall be a slnile family residential development with diverse recreational amenity opponunhles The amenities proposed to be provided in the project include, but are not limited to two I~ hole golf'courses and related support f'ac~litJes, potential equestrian activity comer and related support facilities, structures and areas to provide social and recreational space, lakes, natural and landscaped open spaces, and & diver~e ,,'artery of passive and active recreationg opportunities. Each individual single-f,~'nily lot will be served with either well and septic systems, or centrally provided potable water, sanitary sewer, electric power, and telephone. Additiong services will be prosided ,, deemed appropriate. Prior to commencement of' construction of. the residential development or recreational facilities, the agricultural ~:se of.the propers), shall be allowed to continue as provided for in Sections Il, Ill, IV and VI oFthis document SHORT TITLE This Ordinance shall be L:.qo'.,m and cited and the "TwinEagles Golf and Country Club Planned Unit D*-'.'elopment Ordinance". I-2 JUL 2 1997 I SECTION Il PRo.ri:CT D£V'ELOP~XllrNT REQUI]:LEbI£NTS 2.1 2.2 2.3 PUR,POSE The purpose of t~is S~'~ion is to delineate and gener~ly describe Ihe proiec~ plan of development, relationships to applicible Count, Ordim~ces, Se respective land use~ el'the trac~s h~cluded in the Twlr~Eagles Go~f and Country Club development, as well u other projec~ relationships. G£NERAL A. Regulations for development of Twin.E~gles Coif ~d Country Club sha~ ~ in accordance ~ the ~ments of ~s d~m~ P~-P~n~ Uei~ D~lopm~t Dis~H~ and o~h~ ~ppllcible ~ions ~d p~ or the Colli~ C~n~ D~elopment C~e and ~o~h M~n~en~ PI~ in eff~ a~ the tim~ of pe~it Ippliclfion. ~ere these re, la, ions f~[ ~o pro,de d~elopmentG siandards, ~hen Ihe pro~sions of the most slmi[u dis~flct in the County Land Developmenl C~e sh~ll lpply. B, Unless o~he~se noted, the definitions of all te~s shall ~ the same as the definitions set forth in the Collier County Land Development Code in effect at the time of building peril application C ~I conditions imposed and all ~raphlc materi~ ~resented depictln8 restHmlons for the development or T~agles Goff and C~nt~ Club shall b~ome p~ or the re~lations w~ch govern the manner in which the P~ site may be developed. Unless modiRed, waived or ~cepted by t~s P~, the pro~slons o~ other s~tions lan~ developm~t code. where applicable, rem~n in ~ll ~orce and e~e~ ~th resp~ to [he d~elopment orthe I~d which compH~s t~s P~. E. D~elopment ~ by the appr~ of ~s ~ition ~11 be ~bj~ con~en~ r~ und~ the pro~sio~ of Di~sion 3.1~. Ad~uale Public ~acilities, 6om the Coun~ Land D~elopment ~e. u the ~liest or ne~ to occur o~ either Fin~ Site Dm'elopment PI[~ Find Plat approv~l, or building issuance applicable to this development. Prior to co~encement or constmmion or the residential d~elopment or r~rea~ion~ fi~litles, the agHcuhural u~ or ~e property shall be allowed to continue. DESCRI'.PTION OF PROJECT PLAN AND LAND USE TRACTS A. The project lv'a.~er Pl~r~ including layout of stret'ts and use of land for the v~rious trac:s is illustrated ~raphically by Exh~it "A". PUD Master Plan. There sh~l be three land use tra~s, ponion~ of which may include water management lakes or facilities, and private street rights-of, way. the graerai configuration ofwh~ch is Uso illustrated by Ex, blt "Ar. II-I AG-"'.*' , NO. ~ JUL 2 2 1997 TABLE ! PROJ'EC'I' LAND USE TRACTS TYPE LrJ~T,~ ~ TRACT "CR" COI~ONS%~ECREATION 0 759 TY,.ACT "P' PRE$£RVE 0 :i0S* ' Addkio~I conservntlon lands (>115 acres), will be resultant fi.om e~vironmental pct~ttin& and will occur in the Commons~ecreation Tract ts provided for in Section IV of this document. Areu illustrated ts lakes by Exhibit "A" s~ll b~ constructed as lakes or, upon approval, parts Ihereol' may be constructed as shallow, intermittent wet and dry depressions for water retention purposes. Such areas, lakes and intermittent wet s. nd dry areas shall be in the same general configuration and contain the same general acreaBe ts shown by Exhibit ~A'. Minor modification to ail tract, s, lakes or other boundaries may be perrrfitted at the time of Preliminary Subdivision Plat or Site Development Plan approval, subject to the provisions of Sections 3.2.6 2."/.3 $ respectively, of the Collier County Land Development Code, or as otherwise permitled by this PUD document. In addition to the v~ious areas and specific items shown on E~hibit #A", such e~sements ts necessary (utilky, private, ~emi-privale, e~c.) shall be established within or aiong the various trac~s as may be necesury. 2.4 I~IAX[MUM PROJ'KCT DENSITY A maxin~m of 275 residential dwelling units may be constructed in the total project are. a. The ~'oss project area is approximately 1,374.09 acres. The gross project density, therefore, will be a m,sxlrtmm of' ! dwelling unit per S gross acres. 2.S PROJECT PLAN APPROVAL R~QUTI~MrENTS Prior to the recording ora Record Plat for all or pa~ of the PUD, final plans of ail required improve'neats ¢'~1 receive ~olxov~l of t~e ~ppropriate Collie~ County govemmemsl a~ency to insure compliance with the I~D Masler Devdopmem Plan, the Colli~ County Subdivision Code, and the plsttin[ laws of the Slate of Florldt The provisions of Division 3.3 of the Coltie~ County L~Od Dev~ Code. when applicable, sh~ apply to the developmem of ~li pi~ed u~s, o~ Fuc~ of ~ as provided in ~d Division prior to the issuance of a building pem~ or other development order. 1I-2 D. The development o£ any trac~ or parcel approved for residential development contemplatlng tee s~mple ownership of land for each dwelling unit shell be required to submit and receive approval of a ?reliminu7 Subdivision Plat, in co~ormance ' with the requirements of Division 3.2 of the Collier County Land Development Code, prior to the submittal of' construction plans ~ a final plat for any portion of the tract or pucel. E. Appropriate in~ruments will be provided at the time ofinfra~mctursl improvements resarding any dedicatio~ and method t'or providing perpetu~ mair~erm~e otr common t'a~lities. F. The golFcourse ~.d related support facilities, including con,traction trailer~ ~ golf course mdnten~ce facilities, may be developed prior to the approval of Subdivision Con.~'uction Pla~.~ and Plat, mbjec~ to approval of an Early Work Agreement by Co/1;et County Development Serv~c~ SLtffand the Board of County Commissionerl. Use of [he golf course may not ocx:ut until ~e requb'ed plat ia recorded, all suppof infra~ructure is compl~ed a~l prelimh~, acceptance for the improvements is granted by the Board oS'County Commis~ionerl. LAKE SETBACK The lake setback requirements described in Section 3.5.7 1 of[he Land Development Code may be reduced with the administrative approval oS' the Collier County Community Development and Environmental Set-ices Administrator, or his desisnea USE OF I!JCHTS-OF.WAy Utilization of lands ~,~thin all project rights-of-way t'or land~capin~, decorative entranceways, and signage may be allowed subject to review and administrative approval by the Collier County Community Development and Env~rom'nental Set~ces Administrator, or h~;s designee, t'or en~neer~g and ~l.t'cty con~deratlons prior to inst~liatlon AMIrNDMKNTS TO PL'D DOCUMrNT OR PUD M. ASTER Changes and unendments may be made to this PUD Ordinance or PUD Development Pl~n, Exhibit 'A", u provided for in Section 2.7.3.5. of the Collier County Land Development Code. ~,~nor changes and refinements ~ described in Section 7.3 C. of this PL.rD document may be made in connection with any type o~' development or permit application required by the Collier County L~d Development Code DEDICATION Ah']) ~,LUL'~T~NANCE OF COMMON AREAS & FACIL~TI£S Easements shall be provided t'or water rn~nagemenl ue, M, ri~hts-ot'.way, utilities ~ other purposes u required. AJ~ nece~4ty easements, dedications, or other instruments shaJI be granted to insure [he continued operation and maintenance of all ~q"vice utilities in compliance with applicable re~i~latlons in effect at the time of adoption of this ordinance establishing TwirtEagles Golf and Country Club PUD. W~ene~er the developer elects to c~eate I~nd area and/or recreation amenities who~e ownership and maintenance responsibility is a common interest to afl of the subsequent purchasers oS' property w~thin Tw~nEagles Golf and Country Club. the developer sl~ll provide appropriate |e~al instruments for the establishment of a Property Owner~ A-uociadon whose Rmclion ~ include pro,sion for the perpetual care and n~ntenance oS' all common ~acilitim a~d open ~pace, mbjec~ ~her to [he provisior,~ o~' Section 2.2.20.3.8. oS'the Colllet County Land Development Code. 1I-3 2.10 2.11 MODEL HO~,IE$ AND SALES FACILITIES Model homes, tales, taters and other uses and structures related to the promotion and sale of real estate such u, but not llm~ted to, pavilions, vicing platforms, gazebos, parking areas, tents, and signs, shall be permitted pr~nclpal use~ throughout the TwinEagies Golf and Country Club PUD, except in Preserve Areas, and except as provided For herein is subject to Division 2.4, Division 2.5, and Section 2.6.33.4. of' the Colfier County Land Development Code. Five (5) model homes, end a sales center shall be permitted in conjunction with the promotion of the development, subject to the Following: G Five (5) "dry" models may be constructed prior to recording of a plat. Location is limited to future platted single family lots. The models perrdtted as "dry models" must obtain a conditional cenlficate or occupancy for mo~el purposes only The sales center must obtain approval by and through the Site Development Plan Process unless a Preliminary Subdivision Plat has been approved, wherein a Temporary Use Pe:'mit may be pursued. Prior to recorded plat(s), metes and bounds legal descriptions shall he provided to, and accepted by. Collier County as su~cient for building permit issuance. Said metes and bounds legal desc.~ptions must meet proposed plat cont~guratlons, and models constructed pursuant thereto shall conform to applicable minimum square footage's, setback, s. and the like, ss set forth herein. Access shall be provided to each "dry" model from the sales center. Access may be v~a washed stone roadways (paving prohibited) given the potential plan to locate the sales center on the south side of the Naples-lmmokalee Road Access to the sales center ma)' be pro¥ided by a v.'athed stone road or temporary dri,,.e~.ay, and shall have a supporting parking lot. Sales. marketinL and administrative functions are permitted to occur in the designated sales center within the project, only as provided herein ']"he sales center ma.,,, be serviced by ,, temporary utility system with uhimate connection to a central s?stem. Interior fire protection Facilities in accordance with NTPA requirements are required unless a permanent water system is available A water managemer, t plan must be pro,,'ided which accommodates the runoff from the model home, par~dng, access roact~driv~way and other impervious sure'aces The syst-.m shall be designed and constructed so that it is inte~'ated with the master system for the entire de,,'elopment. FILL STOIL&GK Fill storage is senerally permitted as a principal use throughout the TwinEagles GolF and Country Club PL/D. Fil! material generated from golf course lakes and proposed wat~ management ~reas may be stoclcpiled in areas within the project boundaries in accordance with Section 3.2.8.3.6 of the Collier County L~qd Development Code, except as provided for h~reln The following standards shall apply: "~ AG~" "' IT - :..,.. ![-4 No. ,JUL 2 g lggT' I A, Stockpile maximum side slope: 3:1 B Stockpile maximum height: thiny-f~ve (35) feet 2.%3 2.14 2.15 C Till stockpile Leas shall be ~¢reened with a ~curity fence at least six (6) feet in height above ~ound level. Lr till is spread to a height less than four feet over rmure resJdenti=l lots w~ch are depicted on an approved Preliminary Subdivision Plat, no fencing is required. D. Soil erosion control shall be rtovided in accordance with Div~sio~ :3.7 of the Land Development Code, and stockpiling retained f.or per~ods sreater th~n 90 day~ be seeded with grass. If'fill is spread to a height less thin four f.eet over residemial Jots which t~e depicted on an approved Preliminary Subdivision PLit, erosion control is required, but no seeding with grass is required. E. l~ill storage shf~ not be permh~ed in Preserve Areas. l~ll slorage and stockpilin8 s~Jl be permitted u a p~rt of.a golf'course F. arty Work Permit, and prior to platting or Site C)evetoprne~t p~in submltt~l. PILELb'~TNARY SLTBDTVISION PLAT PHASING Submission, review, &nd approval of Preliminary Subdivision Plats for the development may be pursued in phases to correspond w~th the planned de',,elopment of'the property. R~Qb"J:R~D £NI/]:RO,%.'~[F. NTAL prR~,lli 1 ~i'G W~ere the development of'lind within Tw~r~Eagles Golf'&nd Country Club PUD requires a per'mi: fi.om a local, State, or Tedera] agency w~th jurisdiction over the property proposed for development, the developer shall obtain such permits as nay be required prior to final development order approvals for the land specifically requiring such permit. Construction approslls fi.om Collier County may be phased to allow construction of portions of' a panlcular use that do nol impact lands which require in environmental permit, provided that such environmental permits have been applied for and are under tevlew by the appropriate agencies, and subject to the understanding that it is the developer's sole risk if. such permits are not fSna]ly issued to allow completion of.the proposed use. NATTV]~ VJ:Gr-TAT]O.~ ]LETEHTIO.%' R.~QU]:R~M£HTS Pursu&nt to Subsection 3.9.5.5.3. of. the Collier County Land Development Code, a minimum of.25% of'the viable, naturally ~'uncdonlng native vegetation on site is required to be retained. The total area of'viable, naturally functionins native vegetation within the PUD boundary is 4566 acres, therefore, 114.1 acres are required to be retained. This requirement is 6.dly s&~is,qed v,~th~fl the Preserve Area and other ~ within the PUD. Approximately 90% of the viable, naturally functioning native vegetation will be preserved. L]:HJCAGE TO COLLrrR COLqqT~ LAN'D DE'¢ELOPMKNT CODE ]>ursuint to Subsection 2.7..1.3 of the Land Development Code, upon adoption of'the PUD Ordinance and attend~t PLrD Masler Plan, the provisions of.the PUD document become a pan of. the Land Development Code, tad shall be the s~indards of' developmem for the PUD. Thenceforth, development in the area delineated es the PUD District on the Of~cial Zoning Atlas would be governed by the adopted devdopment regulations and PUD Master Pain. ~Aq~ere development standards contained in this PUD document L,'e set forth by reference to the Land Development Code, at the time of' adoption, and ate made to be le~ rest~c~ive by ~uture amendment(s) to the ~ Development Code, tho~e le~s resL-Jct~e stindL-ds shall apply to th~s PUD; otherwise, the standards ~n effee~ at the time of tdoptlon ~,aJI apply, u~ess a specific section states to the contrary. NO. ~ JUL 2 2 1997' i S£c'rloN [] RE$fl)£NTIAL D£VELOI'M£NT PtrP~O$1: The put'pose o{' this Section is to identi~ ~pecific development st~dards for designated Is Tr,,ci "A" on the PT. TD Master Plea, Exhibit lViAXIIViUM DWELLI~'G UNITS The rrtximum number of resldemial dwelJins u~ts tllowed within the PUD shall be estabiJshed at the time of development plan review, but shall not exceed 2?$ dwelling units. US£$ I~£R~flTTED No building or structure, or pan thereof', shall be erected, ~]tered or used, or land used, in whole Or in part, for cxher t~n the ~'ollowins: A. Principal Uses: 1) Single.Tamily homes. 2) Model Homel (See Section 2.10 of'this PUD Document). 3) Interim ai-ricultural land uses prior to commencement ot' construction of the residential ~!evelopment. B. Accessor7 Uses: 1) Customary accessor7 uses and structures includin~ but not limited to privtte garages, te'~s facilities, ~uest houses (attached or detached), and swimmin$ pools with or without screene~ enclosures. 2) Utilit7 facilities and, or easements (including rights-ot'-wz:y easements). 3) Si~nage. 4) Water manaiement facilities/lakes. 5) Commerci:/Exctvatiorts, as provided foe by Collier Co~nty's excavstion rtluladons sei l~orth in Division 3.5 oftbe Land Developm~t Code. D£V'KLOIPlVIENT STANDAP, DS A. GENE.~: All ~terii scs forth below shgl be understood to be in relation to i. zalividuaI p~cel or lot bounda~j, lines, or between structures. B. ~ LOT A.E~A: 33,000 squar~ feet. C. AVE1LKGE LOT WI:DTIt: 150 £eet. I!I.1 JUL FJ97 I D. ~ YAILDS L'Prin¢ip~ Structures): I) ]:rom Yanl: 50 t'eet. 2) Side Y~ud~ 30 feet. :3) P.e~ Yard: $0 rm. E. ~[NTM'U~ YARDS (Accessory Structures): I) Front Yard: Same as principal structure. 2) Side Yard: 15 feet S~ne as principal structure L"Detachea'). 3) Eear Yard: 15 t'e~t. FLOOR AREA: 3,000 square feet. OI~T-S~ PARX. ENG A~D LOADTNG As required by Division 2.3 of'the Colli~ County Lind Development Code in effec~ at the time of building permit application. H. ~ Ta~IGh'T I) Principal Structure: 4:5 feet, or 3 s~uries, whichever is 8teater, above the minimum finished floor elevation 2) Accessory Structure: 3:5 feet. or 2 stories, whichever is ff~'eater, above the minimum finished floor elevation, except for attached screen enclosures, which may be the heisht or' the principal structure. I GLTESTHOUSES Detached ~ue~bouses are not permitted on lots ~mm~ztion ~ili~ pro~d to ~ con~m~ ~ ~s ~e-~ d~elop~L st~l~ int~ted a m~n resid~ce is le~ mty ~t ~ ~pi~ by the pro~ o~, ~e ~s ~d ~e t~ ~a~ utili~tion o~ sin~e-~ly ~n~ pro~ ~or ~F~ily ~linS ~. ~h~s~ condJtion~ ~¢losed li~n xre~ end the like) clo~ thin 20 prior to the co~ion o~the p~ncipai dwelling. JUL ~ 2 1~-7 4.1 $£CT1ON IV COMblONS~RECREATION AREA PUR~OS£ The pu:~om ofth~s Sectioe is to set forth the devdopme~ pl~ f~ the ~m d~ ~ u~ for ~t~ 4.2 USES No buildir.Ii or structure, or p~u~ thereof, shaJ[ be erected. ~ltered or used, or I~d u~l, i~ whole or in part, for other than ~he followini: A. Principal Uses: Golf courses and Soil'club facilities, including temporary and perm~nem golf clubhouses. 2) Tennis clubs, health spas, interpretive center~ facilities to teach soclal/esrvironment~l responsibility. ~ ~bs a~ fa~li~, a~ ot~ r~on~ clubs. 3) Structures which house social, recreational, project marketini. administrative, or security facilities. 4) Community and golf course r,'.~imenance ~reas, maintenance buildings, millay storage buildings, chemical storage buildings, essential services, irrigation water and effluent storage tanks and ponds, water and w~tewater treatment plants, utilities Pump~n.q facilities ~nd pump buildings, utility and m~inten~nce stafo~ces. 5) Utility. w~ter management tad rights-of-way/access easements. 6) Lakes and water rtm~gemem facilities. 7) Conservation ueas/mizlgation ~re.u. 8) Land use an&'or landscape buffers, which may or may not be easements, depending on the bufer use. I0) Open spa:e uses and structures including, but not limited to nature tr~s, riding trails, fitness trails and shelters, boardw~Jks, landscape nurseries, gazebos, and picnic areas. IV.1 JUL Z 2 4.3 Il) Pedestrian and bicycle p~tl~s, or other sirra'Lit facilities constructed purposes of access to, or pessa~e through the commons areas. 12) Small docks, piers or other such facilities consm..cted f.or purposes ofliice recrc~tlon, for residents o~the project. 13) Shuffleboard courts, re, this courts, swimminI pools, m~l other facil'~ies intended for outdoor recr~tlon. 14) Commerci,l excavations as pem~tted by Division 3.5 o1' the Collier County L~nd Development Code. I$) Interim alriculture land uses prior to commencement of. toast, etlon ot' the recrutiond f,,cilitles Accessory Uses: Accessory, incidental ~nd subordinate commerc~J ~'=dvit. ies such as but not limited to those provided herein shall clearly be of' such ~.ope, size and proposed intensi~ that they ~re sustainable only by the membership of'the goll'courses and clubhouse. 1) Clubhouse, pro-shop, snack bars, practice driving range, ~ol/' ca~ barns, restrooms/shelters, and other customa~ accessory uses of'golf'co~rses. 2) Small establishments, including golf' ~d terrors equipment sales, restaurants, cocktail lounges, and similar uses, inter, deal to exclusively serve patrons of' the golf'course and other permitted recreational facilities. 3) Non-commercial horse szables, and facilities typlcaJly accessory to the equestrian pursuit. 4) Custom~-y accessory uses or structures incidenta] to recr~tional areas and, or I',,cilities, including strucrures constructed for purposes of' n'~imenance, storalze, recreation or shelter '.,4th appropriate screening and landscaping. 5) One (1) caretaka.'s residence for the golfin~',/tennls f'.tcilities, and one (1) cz. retaker's residence f'or the equestrian facilities. 6) Teiecommunications ~acilities, mcludin& but not limited to cable tele~sion, digital, fiberoptic, mierow~,,.e, satellite, I.F11~, VI.~, F]~ JU~I, Shoct-wt,,~ and other sending and recei¥ing f.~,cilities and structures, subject to applic~,ble permitting. ~ written approval by the de-,,cloper or master homeowner',. association. DE'VI~LOP~,t£NT REGULATIO~'S Overall site design shall be harmonious in ~errns of. landsr~pin& enclosure of structures, Ioc~tion of.access stretls and parkin~ areas, ~d location of'lx, ffer areas. Jul buildings shall be setback · minimum of' ~ (50) ~'eet from ~bu~n~,, off-site re.sidenti~ly zoned districts, ~ ~ landscape and maintained buff'er sh~ be provided. JUl buildings shall be setback a minimum of' fiReen (15) £eet from all project parcel or T~ct boundaries. Structures adjacent to one another shaJI be sepazzted by a minimum often (10) f'e,rt., or one half'the sum of'the building heights, whichever is ip-,it~r. AGF.~D,.~ I~r,~tI IV-2 No. ~ ,JUL lgg? LightinI t'acili:ies ~I be re'range:! in a manner ~Wch ~AII I~'mect radw~y~ ed neighboring properties from direct glare, or other interference A Site Development Plan in compliance with Divls~on 3.3 of the Collie' Coumy ~ Development Code sh~l be required, except for uses amhodzed by the golf course Early Wodc A~reement, as set forth in Section 2.5 F. ot'this doeume~ F. Maximum He~: i) Prirv~pd Structures: Sixty(60) feet. 2) Accessory Structures: Forty (40) feet, except telecommunka:ioes facilities ed structures. G. ~/dnimum OR'-Street Parking And Loading: i) Private Gol~Courses: Four (4) spaces per hole. Additionally, one (!) space pet 200 squaze feet stall be provided for office/ lobby/ pro-s~op/ health club/ clubhouse/ lounge/ snack bar/ dininst room/me~ing room areas, of' wh~h a maximum one-third (I/3) of this requirement may be ~rused ed set u~de for ~ture paring and shall be paved as deemed necessary by the Development Services Director and dedicated as such on the Site Development Plan at the time of spprov~l pursuant to Division 3 3 o~' the Collie' County Land Developmem Code. In addition, 50*/, of normal requirements for exterior recreation uses including: swimmin$ pools, golf driving range and tennis coun$ shall be pro'4ded. Golf cart, golf bag and equipment storage rooms; maintenance buildings; and rooms for mechanical equipment shall be computed a one (l) space per 1,000 square feet. 2) Equestrian Rea'cation Tacilities: As required by Division 2.3 of the Collie' County Z.~nd Development Code in effect at the time of Site Development Plan application. 3) Other Recreation Tacilities Not Associated W~th Golfing Or Equestrian Uses: As require:! by Division 2.3 of the Collier County Land Development Code in effect at the time of Site Development Plan application. 4) Loading Areas: As required by Division 2.3 of the Collie' County Land Development Code in effect at the time of Site Development Plan application Caretaker's Residences: One (I) careta~cer'a residence shall be permitted for the golfin~tennis facilities, and one (I) caretaker's residence shall be permitted for the equestrian facilities, subject to the following: I) The residence shall be constr~cted as an integral part of the main golf cours~ clubhouse facility and the main equestrian facility or stables, and shall be entered fi.om w~thin the respective clubhouse/facility or s~ables. Exhs required to comply wlt~ fire codes shall be permitted. 2) The caret~ce.s' residences shall be an ~ccessory use. and shaft be ~'or the exclusive use or' the property owner, tenant, or designated employee operating or meint~ng the gol£course or equestrian Facilities. I IV-3 3) Off`-stre~ parkJnI sh~l be as for a dn~le-£ami¥ residence in ac~d~ DMsion 2,3 o~t~ Colli~ C~n~ ~ D~t C~e in eff~ ~t t~ time o~ Site ~opment P~ appli~i~, P~ fm ~ ~r~k~' read.cs shall ~ in ~dition to a~ ot~ r~ir~ p~nI 4.4 BIJ'TI~R DEVI~LOPM£HT RI:GULAT~ONS A. Buffer Tl6~s: !) Lind use buff`ers sh~l be euemems, Senerally k~c~ed ~IonI the project's perimeter, intended to protect residential I~d uses from pos~ble adjacent off-site roadways and/or off-site land uses. Lind use buff`er~ shah not be required alon~ the common proper~y boundaries with thc Bonita Bay ~o1{' course in th~ northwest quartet o{' Section 20. Land use buff`ers may a~so be utilized within the project bounda~es, at the dlscr~ion of the devdopet. Land use buff`cfi may be landscape buff-ers and, or e~nhen berms a~L or fences/walls. 2) Landscape buff-er, existing native vege~atlon may be utilized and, or; 3) Earthen berms and, or; Fences/walls: Nine (9) toot maximum helsht. B. Buffer Development Standards: In addition to the development standards set forth below, the provisions of Section 6.12 of this document shall also apply. t) Land use buff-ers, berms, fences and wails may be constructed alonIee perimeter of the TwinEagles Gol£ and Country Club PUD bound~y prior to Prelimin~'y SubdMsion Plat and Site Development Plan submiwd. All such areas must be included in a landscape or buff`er easement on Final Ptats, or in a separate recorded instrument. 2) The land use buffer area shall not be less than twenty (20') lc'et in width al(mI the east project boundary, noah of lmmokalee Road (CJL $46), except where land use buff`ering is accommodated with a {'ence or w~ll. 3) Due to water manalemem and utility cons~r.;ms, Ltnd use bu~erin~ ~ not be required elon$ the project's boundary adjacem to lmmokalee Roed's north ~ght.Of-Way line. 4) s) All other project property bound~ies shah have L~d use buffer widt~ in ¢ompli~,e wit~ DivJ~on 2.4 from Collies' County's Land Development Code Except ts provided {'or above, nnd in Sectio~ 6.12 of this document, buff`er improvements sh~dl be in conformance with Di~or~ 2.4 from Collier County's L~'~ Development Code. Types and numbers of ptantinss for projec~ porimeter land use buff`ers ~ be ~ubmhted with Construction Plans and Plat applicagon(s). Plans and ~tatemems shall desc~be how the perimeter I~nd use buffer~ ~i~! be articled ~nd maintained IV-4 JUL :12 1997' D£V~LOPM~qT STANDARDS TABLE II D£VELOPM£NT STANDARDS RI~SIDENTIAL COI~MONS/R~CR~,TiON USF~ PRi'NC~AL STRUCTUre: ~ MDN~rM LOT AKF,.A 33.000 SQ. ~. NOT A~ LOT ~ I S0 ~ NOT ~P~C~ ~. ~R ~ 3.~ SQ. ~. NOT ~P~C~ S~E Y~ 30 ~ I 5 ~T* AC~SSORY S~U~W~ ~ON~ 50 ~T ! S~E (A~A~D) 1~ ~ SIDE ~ETA~D) 30 ~ 1S ~ET ~. B~. ~. IS ~" 40 *: AI~ Commons~Recr~tion slrucmres must be · minimum orfiRT (50) f~'t from Ibtngn~. ofr-slt~ r~sidenti~lly zoned distri~s. ~'": See Subsection 3.4 H. ofthis ~'ocument. IV-$ JUL ,~ g 19g'/' t SECTIO~ ¥ PRESERVE AREA 5.1 P~J~OSZ AJthovsh this document and Exes'bit 'A" ~ndicate ~pl~mlmmdy 305 stx~uld be understood that ~klition~l presen,e ~ the project bounda~s from environmental I~'~J~'tin& ~nd will occur as corue~vation Commo~s~t~.ecreation Tra~. 5.2 USES No buildini or s~rm:tm~ or p~rt tl~e~eof, sha~l be erected altered o~ ~ or ~ us¢~ in whole or in part, for other tha~ the followinl, mbject to regional, State and Federal when r~uired: A. Principal Uses: I) Op~ q>lces/Nm premrv~. 2) Lakes and ~ter max~gement fa~lities. 3) Mit~lation a~e~s. 4) Small doc~, ~ m other ~ f~tks con~Jaed for pur;o~ or ~e m ~ ~d~ or ~ proj~ m~ to ap~e a~ ~ 5) l-~kinI tra~, ridin8 trails and Soil cart paths or mhe- such natura~ a~g~Jtes, subjec~ ~o appropriate spprova~ by permittinS alendes. V-I JUL E 6.2 SECTION VI D EV~ELO?,MENT CO.M MITMENTS PUP.POSE The p,JrpO.~e of this Section is to I. et forlh the d~..'elopment commhment$ for th~ doze~opment of the pro]ecl. GENERAL All facilities shall be conslructed in strict accordance with Tinal Site Development Fir~l !;ubdi,Asion PI~ ~d ~1 ~pp~ic~ble State ~ I~ ~ws, ¢~e~ ~d re~latioe app~oble to ~i P~. ~c~t where s~ifiolly ~t~ or ~at~ othe~se, the ~r~ m~d sp~ificat~oni of the l~d D~loprn~t C~e of~6on 3.2 ~mll apply to ~s ~j~ ~,~ i~t the I~nd ~t~n ~e P~ is not to be pla~led. ~e d~elo~, his ~r ~igns sh~ll be rtspons~le for 1he comm~tment~ outlined in this 'l~e drveloper, his mccessor or u$1gnee sh~.~l agtet to ~ollow t~ M~e~ ~op~t Ph ~d the re~latio~s of the P~ ~ adopted, and ~ o~h~ ~nditio~ or ~ifi~tlo~: m~y ~ a~ to in th~ r~o~n~ or,he prope~y. In addi6o~ ~y ~il~ts ~n t~ a~r~en~ sh~l be applic~le to any ~cces~r cr assign~ ~ 6tie to t~ d~ PUD t~I.a. STE:R DEVELOPM'EN'I' PLAN Exhibit 'A', ?LrE) Mastm Plan b~a6~ ~ not be cov~t~ C 1) p,ar~ua~ m ~bee,x:~m 2735! a~r ~ Cet~, CeemT L :)t, vt~nt CocSe PUD JUL 22 1997 6.4 2) The following s~dl be con.ddered minor changes or ref, ncmants, sub~e:~t to the lirn]ta6ons of Subsection 6.3 C I) of thls document: a. Reconfigumion of Pr~,erv~ Arezs, ~.,rJscf~iond wc'd~d limits, mltilp, tlon features ~ n rcsul~ of r~j, ulatory agency re. view Rtconfi~'u~t~on of lakes, ponds, canals, or other w~ta' ma. na~me~ fadlities '..'here such changes are consistent with the criteria oftbe So,uO Florida Water ManaRement Distric~ and Co[tier Ccmnty c. RecoruRgura6on of golf course e~velopts and design features. d. lntcrn~J re~i~nment of rights-of-way ether th~n a relocation of acces points to the PLq~. · Reconfigura6on of residemial parcels when there b no propose encroachment into Preserve Areas 3) 4) re~.c~ Count. ~.~s ,nd ~ SC~EEDUI.£ OF DE'V'ELOP.M£N'T~IONrrORING REPORT AND SUNSE 1'~O U'LSION Comrr, t.x:m of co~,szruction of Phase One of Twin.Eagles Golf and Count (Dub shall occur upon acquisition of all applicable permits and dt,,vdoprne authorizations This PL~) is subjezt to the Sunsc~ Provisions of Section 273 4 the Land Deve{opmem Code Prior to commencement of construction of the rcsidentlal or rccreatlor improvements, the agricultural use of thc property shall be allowed to continue. An annual ?LTD monitoring report shall be submitted pursuant to Section 2 7.3.6 the L~nd Development Code. 6..~ TI~.NSPORTATIO N development of this PUD Master Development Plan shall be subject to and govern t}~; following conditions: A gatehousMimited access faciiity shall be permitted within the project's m~ entrance ~e~s, but sha~l not be located so as to impede traffic flow on Immokal Road (C.R.$46), nor shall such facilities be located within th.- Immokalee Ro Right-Of-Way. vi-2 j .o. ~ JUL ~2 lcJ<J? 6.6 WATER M~NAGEMENT 6.7 The development of this PUD Master Development Plan shall ~e subiect to and governed by the lb:lowing condhions: A. Detailed pavia& grading and site drainage plgns shall be submitted to Project Review Services for review ~nd approval. No construction permits shall ~e issued unless and until approval of the proposed construction, in accordance with the approved plans is granted by Project Review Services B. ~ excavation permit will be required for the proposed lakes in accordance with the Collier County Land Development Code and South Florida Water Management District Rules. C. 'The Petitioner shall submit a copy of the SF~VM'D permit application to Collier County Devek:pment Services Engineering Staff for review and comment D. The Petitioner sh~l show the route of the off. site discharge leaving the parcel south ~f Immokalee Road (from the proiect boundary to the receiwng canal) on the Conceptual Wa~er .Management Plan UTII~I'TIES The development of this PUD Master Development Plan shall be subject to and governed by the lbllowing conditions: A '['he Developer shall be responsible to design and construct, operate and maintain at its own cost from the PUD property, a sewage force main and potable water main. and any necessary appurtenances, east, for connection to the potable water and sanitary sewer fadlities operated by the Orangetree Utility Company Upon request of the County. the force main and water main shall be conveyed at no cost to the Collier County Water-Sewer District at such time as the County elects to provide water and sewer sen'ices to the PUD property. To address enviroru'nental concerns in the surrounding area, and as may be deemed consistent with the Growth Management Plan ~ may be amended, the developer shall install, operate and maintain interim sewage treatment and potable water trcatmcnt facilities, until such time as County facilities are available to serve the PUD property When County facilities become available, all customers of the interim facilities sMI1 be required to connect to County facilities, and the interim facilities shall be a'~andoned, removed and dismantled at no cost to ':he County Private potable water ,.,.'ells and septic tanks may se~e the development until such time as privately or publicly-owned water and sewer systems are available to serve the PUD property, at which time connection shall be made to the water and sewer systems JUL g 2 1~7 The development of th~s PUD Master Development Plan shall comply w~th the Collier County Land Development Code, ts amended 6.9 EH Vl~:t.O N M EN-I'AL The dr,elopm~t oft~J~ PUD M~ter D~velopme~t A. En~ronmcn~ ~ttin$ sh~l Engrossed K~rce Cu~t Plan~n$ En~ro~entd R~ St~ff. Remo~ of~otic ~haU no~ ~ ~e ~le component of m;6Smtion for ~pacts Io Coll;~ C~n~ ju6sd~ct~n~l ~l~s. A~I conse~'ation areas sh,II be designated ts conservation/preservation tracts ot easements on all construct:ion plans, and shall be recorded o~ the plat w'~th protecti~ cover, ants per, or s~milar to, Section 70406, Florida Statutes. Buffers shall be prov:,ded around wetlands, where possible, extending at lea~, fiRe~n (iS) feet landwxrd from the edge o,r the wetland preserves in all p;~ces, and twenty-five (2S) feet fi.om the land..v~rd edge of wetlands W'ncre natural buff~s not possible, structural butters shall be provided in accordance w~th the State of ~or:,da Environmental Resource Permit rules, and be subject to review and approval by Current Plann~n£ Environmental Re,4ew Staff. The Petitionc~ shall comply v4th thc guidelines and recommen4adans of thc U S Fish and W'~ldlife Sen~ce CUSFWS) and FIo.dda Game and l:resh Water F~sh Commission ('FGI:WFC) regarding, potential impacts :o protected wildlife species Where protected species are observt~ on-site, a Habitat Management Plan for those protected species shali be submitted to Curren'~ Planning Environmental staff for review and approval prior to Final Site Pl~,gCons~ruction Plan approval E ?~n exotic vegctation removal, mor~tor~ng, and maintenance (exotic-free) plan for the site, w~th emphasis on the conse~io~prese~a~on areas, shall ~ submi~ to Cu~cnt Pla~ng En'4ror~t~ R~%w St~fffor rt~ and approval pdor to ~n~ Site Pl~Co~t~ion PI~ approval. The Petitioner shall submit a copy of the En,,4ronmental Resource Permit (ER.P) application and resubn~tt~.ls as well as copies oF comments ~bmitted to the South ~lodda Wst~ Man~sem~t District (S~) by the Flod~ G~me and Fresh W~ter Fi~ Co~isslon ~G~TC) and the U~ted Slates Fish and Wildlife S~ct ~S~S). for co~ to Colli~ C~n~ r~ flies ~s sh~l ~ ~b~tt~ a~ the time of P~ns or Si:e Dtvelopm~t PI~ ~b~. 6.10 ACCL'SSO R¥ S"I'~U~-~'~S Acces'tor~, structures nay be constructed simultaneously v4tlX or following the construction of the phncipal s~ructure, except loc a construction site o~ce and mode{ center 6.11 SIGNS All signs shall be [n accordance ~4th Di'4sion 2.5 of the L~nd Dc~"~iopment Code. No. ~ JUL 2 2 1~ ...,&all. f, ENGINEERING The development of this PUD Master Development Plan shall comply with the Collier County Land Deve!opment Code, ~ amended 6.9 ENVIRONMENTAL Th~." development of t~s PUD Master Development Plan shall be ~ubject to and governed by :he follow'lng conditions: Env~ronmenl~l perrnit:ing shall be in accordance with the State of Florida En¼ronmental Resource Permit Rules, and be abject to re,~ew and approv~ by Current Plannin~ Env~ron~nent~ Review St~t~. Removal of ~o~ic ~g~a6~ ~ shall not be lhe ~le ~m~nen~ of mitigmtion for impaq! to Colli~ C~n~ ju~sd~iond wetl~d%. All conservation iu't. as shah be designated as conse'r~tion/preservalion tracts oe easements on all construction plans, and shall be recorded on the plat with protective cover4mts per, or similar to, Section 70.4.06, Florida Statutes Buffers shall be provided around wetlands, where poss~le, ex'tending at leas~ (IS) [~t I~ndw~d ~om ~he ~ge of the wetland preaches in ~II place, and twen~-five (25) feet Dom ~he landward ~e ofwedinds. ~%tre ~tu~ ~ff~ not ~ssiblc, ~cxur%l ~e~ shall ~ proGd~ in accord~ce ~th the State of FIo~d% EmfroP~t~ R~rce P~t Rul~, ~d ~ abject to r~ mpprov~ by Cu~cnt Pl~n8 EnGrossed R~ew 'l~e Petitioner shall comply w~h the guidelines and recommendations of the U S Fish and Wildlife Service (USFWS) and Florida Game and Fresh Water Fish Commission (FGFWFC) regarding potentiad impacts lo prot~ ~ldlifc ~ies Where prorated s~ies are obser.'~ on-site, a Habitat Manmge~nt PI~ for t~ prorated sp~ies ~II ~ ~bm~tt~ to Cunent Pl~in~ En~ron~tal ~ for rr~ew nnd appro~ p~or to Fl~al Site Pla~Con~ion Plan approval .An exotic vegetation removal, monitorin& and rr~ntenance (exotic-free) pl~ for the site, with emph~s~s on the con~erv~tioeYpre*.~.-r~tion ~teas, ~,all be ~ubmitted to Current Plannin$ Environment~ Re4ew St,,ff for re,'iew and approvtl prior to Final Site Plan/Construction Plan approval The Petitioner shall ~ubmlt a copy of the Environmental Resource Permit ('ERP) application and resubmittals as well as copies of comments ~bmitted to the South Florida Water Management D:,stdcl (SFWMI)) by the Florida Game ~l Fresh Water Fish Commission (TGF~,TC) and the United States Fi~.h ~nd Wildlife Service ('USF'WS), for copy to Collier County review files This ~ b,e ~ubmltted at the time of'Plat/Plans or Site Development Plan ~bmittal. 6.10 ACCESSORY STRUCTURES Accessory structures rr~y be constructed sin~dtaneously with, or followin$ the construction of the I;rincip.! structure, except for & constracdon rite office and model center. 6,11 SIGNS Alt s~gns shall be in ~ccordance '*4th Di¼sion 2.5 of the Land Development Code. JUL ~ 2 1997 6,1l LANDSCAPE BUFFERS, BEFL.MS, FENCES AND WALLS Lang$capc buffers, berm$, fences and wall:, are generally perm, heed as · principal use thr3ughout the TwinEagles Golf and Country Club P~..rD, except in Preserve Meas The foliowlng standards shall apply: Landscape berms shall have the maximum side slopes: 1) Grassed berms 3:1 2) Ground covered bering 2:1 3) R]p-Rapbecms 1:1 4) Structural walled bcrrns may be vertical B. Fence or wall ma~mum height: nine feet (9'), as measured fi'om the finished grade of the ground at the base of the fence or wall. For thc purpose of this pro,Asion, finished grade shall be considered no greater than elgh:een inches (lg") above thc crown elevation otthe nearest existing road, unless the fence ut wall is constructed on a perimeter landscape berm. In these cases, thc fence or wall shall not exceed six (6') in height from the top of berm elevallon with an a'.'erage side slope of' greater than 4:1 (i.¢. 3:1, 2:1, 1:1, or v¢i'lical) C Pedestrian sidewalks, ~oll' carl paths, bike paths, equeslrian ri~ing ~tails, water management facilities and structures may be allowed in landscape buffer areas 6.13 L^)tDSCAPING FOR OFF-STKEET PARKING AREAS kit I~ndscaping far oil'-street parking areas sha:l bc in accordance whh Division 2 4 of the Cailler County Land Development Code in e~ect at the time of building permit applica6on 6.14 POI.LFNG PLACES Pur:;uant to Section 2.6.30 otthe Land Development Code, provision shall b~ made t'or the future use of building space within common areas for the purposes of accommodating the fu ~c:tion of an electoral polling pl,~ce. An agreement recorded in the official records or the Clerk of the Circuit Court of Collier County, which shall bc b~nding upon any and all successors in interest that acquire o~¢rship of such common areas including homeowner's associations This agreemenl shall pro'Adc for said community recreation/public building/public room or similar commor facility to be used for a pol~ing place if determined to be necessary by the c;upe~'isor o EI¢,:tions AG -Z.~i 'n~A ITEM VI-5 JUL g 2 1997 'FwinEagles Golf & Country Club r.. TRACT I'R.ACT TR^CT 'CR" A- RF~O 'I'R~CT E. ESTATt~ TE.~C T 'A' A - ~ HO I'P~CT ' C R' ..// ~3~ACT ' P' TP-J.C T 'P' _ . L.,r~cr r'~.CT 'c~' ~ PUD GROSS DENSITY ~ /{ Z D,U./5 AC 0 13'74 At: - ~75 DU T'P. ACT 'A' ~£h'T'~ 310 A- hCHO I- ~' 'TRACT 'CR' COWJ~Oh'~\K~CI~ZAT%ON:?5~ E~CECUTIVE SUMMARY PETITION R-97-1 MR. SELF REQUESTING A R.E. ZONE FROM "A" AGRICUL'I'UI~b&.L TO "MI'[" MOBILE HOME FOR PROPERTY LOCATED ON THE SOUTHWEST CORNER OF CARSON ROAD AND CURRY ROAD, lqq IM]~tOKALEE, ~ SECTION 31, TOWN$'.HIP 46 SOl. FI3'{, RANGE 29 EAST, COLLIER COUb~IT, FLORIDA, CONSISTING OF 3.10 ACRES MORE OR LESS. ,OBJECTIVE: This petition seeks to have cerlain property rezoned from "A" Agricultural to "MH". CONSIDERATIONS: "('he Lake Trafford Independent Baptist Church owns a vacant 3.10 acre tract of la,ad which is adjacent lo the church property to i'he souttl. In order to facilitate a subdivision of the property to allow for mobile home lots, it i.~ necess:~ry that the property be re. zoned from Agriculture to the "]~,LH" zoning district which provides the development standards thst allow for the requested five (5) mobile home Iols. The petitioner has left an out-parcel (lot #6) fbr a possible future expansion of the chmmh or for additional mob~te home lots. The pr ~po~;ed access points for lots I-5 may be from C~son Read or from lot #6. A secondary access could be provided from Curry Road or fl:om the existing church property to the south if made part of a furore cl'~urch expansion. It should be noted that if the church expand.,; onto lot #6 a conditional use will be required. The subject property lies sou:h of an existing mobile home park and Curry Road while the Lake T~ffon~ Independent Baptist Church is on the south side of the s:ite. In addition, two other conditional use petitiot~ have i.~:en approved on nearby pro~-a, ies. This includes a fire station and a water tr:a~ncnt plan. t. To the northeast is the Timber Rid:ge PUD that was approved for affordable housing. TLc reason for this petition is due to the fact that the'. pc-tifioner is the o~'ner of a larger tract of land, all o17 wkich is zoned Rural Agricultural "A", which the lVZti, tioner now gS~es to sell with the exception ora pop,ion of the tract on which the residence is located. The property is located within l~he U~'b~L High Residential Area as illuslrated on the Immokalee Futu~.' Land Use Map. This designation p,vovides for high dengit'y residential development. As a re~ult, th,.- d~.~.ity shall not exceed 8 units per acre in this district. The High Residential district .allows for a ol~' dwelling types such as multi-family, duplex, and mobile home subdivisiorm. Ther~.-fore, the ?x~ning classification is consistent with !he Immokalee FLUE provided ',he density does not exceed dwelling ,.~it.s pet acr~. -l'hi.~; pedtiou wa referred to staff with jurisdictional respon.sibility for reviewing land use pt,n:itions far com;ixta:cy with ¢~'.~ain eleanora of t,h~ GMS. This n.-view suppor!exl a finding tkat an ~t:6ou I~ rea'.x.'~:~e ~he property to ;he M3! zoning classification would bi: consistent wifl-t appliciole elements, of the GM'I:'. The ire, file hnp~ct review in&cate'..: '.ha t~he pro.,'~so.i 3.10 ~re site z. oned "lv[I-I" could ge'.neralc ~gproximate~y 100 ¢fips per da5, on a weekday. As a result, the proposod mobile doesn't ~--.x~ce,-,'~d th~ ..,;i~ficar~ce teat c~n any "x3aflw~y segmen:, within the project's .L. development influence (RDI). In addition, Carson Road is a paved 2 lane local road fronting the project. The current traffic count fi:~r this segment is 4,936 AADT which results in L, OS "C" operation. Curry Road is currently a 2 lane dirt/gravel road. The property is adjacent to a developval mobile horne subdivisio/,s to the north and northeast. The site also abuts a church and is near a w.:tter treatment pla~t and fire station. Agriculturally zoned properties to the east and west of the sit,', should reasonably be expected to be rezoned to the MH or VR zoning districts. Therefore the MH 'zoning district should be deemed compatible with adjacent and nearby residential zoning districts. In addition, the timing of a rezoning action from agriculturally zoned land Js acceptable when the land is sm'rounded by the "High Residential" area as denoted on the Immokalee VLUE, and when it is capable of being served by sanitao, sewers and potable water supplies. The Collier County Planning Commission reviewed this petition at their public he~ng on July 3, 1997. They voted 5 to 2 (with one abstention) to r<orm-nend approval to the Board of County Commissioners. The two votes in opposition concerned that proposed rezone was not consistent with the Immokalee Master Plan. One person also spoke in opposition to this petition. His concern was that there may have been a private agreement made when the Lake Trafford Independent Baptist Church acquired the subject site to limit the use for church expansion only. ]FISCAL IMPACT: None. GROWTH MANAGEME?CF IMPAC¥: None. fflSTORIC/ARCtlAEOLOG ICAL IMPACT: S::aff's analysis indicates that the Fctitionees property is located outside an area of historical and a:chaeological probability as rcferen,:ed on the official Collier County Probability Map. Therefore, no HistoricalYArchaeoiogical Survey anti Assessment is required. PLANNING COMMISSION tLE. COMMENDATION: The Colliec Colmty PlaimJn§ Commis,qon recommends approval of Petition R-97-1, being an application to re:~ne certah~, propemy from ",&" A~cuit~l :o "MH" Mobiie Home ~ dt:~fib~ in ~e (~'di~ance of Adoption ~'~d Exb. ib~ls :~i~adc a pm't of this ex~utive :~unaD.. JUL ~ 2 lgg? PREPARED BY RAY~I~ELLOWS PRINCIPAl. PLANNER DATE DATE B^TE COMMUNITY DEV. AND ENVI RONI~AENTAL SVCS. 11-97-1 EX SUMMARYfRVBhb AGENDA ITEM 7-H MEMORANDUM TO: FROM: DATE: RE: OgVNEPJAG ENT: COLLIER COUNTY PL,K.Nq'.I~G COM~{ISSION COMMUNITY DEVELOPMENI' SERVICF_.S DMSION JANUARY 6, 1997 PETITION NO: R-97-1, CARSON ROAD MOBILE HOME SUBDM$ION Ow'.ll e r ~ Agent: L,,~e Trafford Independent Baptist Church 1207 Carson Road Immokalee, Florida 33934 Ntt. Robert L. Self 12811 Kenwood Lane #205 Fort Myers, Florida 33907 This petition seeks to have the subject property rezoned from its current "A" Rural zoning classification to "MH" Mobile Home district. Caa~2d~P~ I C L_Qf. AI1Q N: property is located on the southeast comer of Carson Road and Cuny Road in Section 31, Townsldp46 South, Rm~ge 29 Eas'~ (See illustration on following page). The Lake Trafford lmdependent Baptist Church owns a vacant 3.10 acre tract of land which is adjacent to the church property to the. south. In order to facilitate a subdivision of the property to · allow for mobile home lols, it is n,..x'~sary that the propen'y be rezoned from Agriculture to the "MH" zordng district which provides the development standards that allow for the requested five (5) mobile home lots. The petitioner h~ !eft an out-pamel (lot #6) for a possible future ex-pansion of ibc church or for additior~al mobile homc lots. The ~coposed accexs point~ for lots 1-5 may be from Carson Road or from to lot g6. A s~ondary acces.~ could be pm~dded from C\trO' Road or fi'om thc ,:~istin8 church property to 0~e ~:outh if made pa/t ora ~ture church expansion. It sho~~~ ! t I JULg21997 ! 'l CURRY ROAD $ 890o33 £ ~, 450.00' I . PROP,~SED MOBILE HOME LOTS Car, soi~[Ro, sd Mobile 13~ome Subdivision Project Name: Car~on Road Mobile Home Subdivisioa A PARCEL IN THE SOUTI~IEAST 1/4 OF 11'{E NORTHEAST 1/4 IN SECTION 31, TO¥/NSHIP 41~ SOUTH, RANGE 29 F_~$T, COLUER COUNTY, FLORIDtL . COJ~MENCI'N~i AT THE EAST QUARIER CORNER OF SECT]ON 51, TOV~SHIP 48 SOU'IH:, RA~GE 2g EAST, COLUER COIJNT~o FLORIDA, RUN NORTH 00'55'40" t~ST 1000.00' FEET ALONG THE EAST UNE OF SAID SECTION; THENCE NORTH 89'06'30' ~EST 30.00 F~!.T TO THE ~-..ST RIGHT- OF'-WAY UNE OF CARSON ROAD .AND THE _POINT OF BEGINNI_N~ THI~CE NORTH 89'06'3D' .V~r_.ST ,~,50.00 FEET; THENCE P..N~LLEL TO THE SAJD FAST SECTION LINE, NORTH 00"' " 55'40' y,E~F 3.30.24 FE.~' TO A POINT ON THE CEN1ER LINE OF CURRY ROAD; THENCE SOU'TH 89'05'30' EAS;T 4-,50.00 FEET 'lO A POINT ON THE AFOR,~IEHTIONED Y'E. STERLY PJG'HT- OF--.WAY LINE ~ CAR~3N ROAD;, THENCE ALONG THE SA~E SOIJ'~-I 00'55'40' FAST 330.24 ~!ET 1"0 THE P_~O.E_ R~I:~iNC THE HOR~rl 30 ~ FOR ROAD E~E~T. ( ~LT~GL $.~1 ACR£S OR 14;.~5.'~ S~UARE F~ OF LAND. ~FJ~J~D I9 THE Ct~NI~ LINE OF ~_~'PJ~Y ROAD.. 3.10 Ar,...'~::~SS OR 15.~040 SQUARE FEEl' OF' LAND. IJJ-E.~;LIRED TO THE ,~OUT'r[ LINE OF CURRY ROAD. ~.J,j r. I' - 60.00' EAST 1/4 CORNER Existing Land Use: The 3.10 acre site is currently vacant and is zoned "A" Agricultural. Surrounding Land 'Uses: Norlh East South West To the north is Curry Road and a mobile home park zoned '~VR". To the east is Carson Road and vacant land zoned "A-MHO". To the south is a Church with a conditional use. The property is zoned "A" Agricultural. To the west the land is vacant and! zoned "A" Agricultural. ~gllr, r~xistirlg.Lar:d U~:..12i~enc,= - The subject property lies south of an existing mobile home park and Curry. Road while the Lake Trafford Independent Baptist Church is on the south side of the site. In addition, two other cond:itional use petitions have been approved on nero-by properties. This includes a Fire Station and ~ water treaLment plant. To the northeast is the Timber Ridge PUD that was approved for affordable housing. This pmition has been reviewed by the appropriate staff for' compliance with the applicable elements of the Growth Management Plan, as noted below: }'uture ~tlll The property is located withhi the Urban High Residential Area as illustrated on the Irranokalee Future: Land Use Map. This designation provides for high density residential development. As a resulk the density shall not exceed g unks per acre in this district. 'l'he High Residential district allow:; for a mix of dwelling .type~ such as multi-fam/ly, duplex, ·nd mobile home subdivisions. Tlm'efore, the "MH" zoning classification is consistent with the lai,mokalee FLU'E provided the den:fity does not exceed 8 dwelling units per acre. Ir. ltl~c CirculaIion ~t.t,rIke~t; The traffic impact review indicates that the proposed 3.10 acre site zoned "M3t" could generate approximately 100 trips.per day on a weekday. As a result, the Proposed mobile home subdivision doesn't exceed the significance test on any roadway segment vdthin the project's radius of development influence CRDI). in addition, C. ar~on Road is a paved 2 la~e local road fronting the proj~:t. ~e current traffic cmmt for this segment is 4,936 AADT which results in LOS "C" operat;on.. Cmry Road is currently a 2 lane dirt/gravel mad. permitted by the approval o£ this petition will be subject to a concurrency rev: provisions of Ser. fioa 3.15 of LSe CollJe~ Cmmty Land I3=~elopment Code, A~ 2 G,.lh.~.r..Ai~llliiallle_F.,lrdmallll StMt' mviea Ndi~t~ ~ ~s ~fition h~ ~en d~i~ to m~o~t for ~e necesx~ relafionslfips die.ted by the ~okal~ M~ter Plm and Managemenl Plan (G~). Mitigi4ion m~u~ and stipuiafiom ~e Men develovM (whe~ appropriate) to ensure ~nsistency with &e GM? d~ng ~e ~niRing process. Development JUL 2 2 1 97 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 rezone ii; consistent with the goals and policies of the GMP. Staff ha concluded that no level of service standards will be adversely affected by this amendmc:nt. Appropriate mitigation measures and stipulations will assure that the County's intert~sts are maintained. Consistency with the goals, objectives and policies of other applicable elements of the GM'P and level of service relations~ps are to be achieved by stipulations and/or de'~elopment conm'fitments made a pan of the approval of this development order. Given the fact that this property is only 3.10 acres in area, impact:; on Level of Service relationships arc negligible unless there is a current deficiency which there is not. Id ~.tLC. H AED_L~9_GI_C A3 .JhlE&(2X_: Staffs analysis indicates that the pelitioner'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 Su~ey and Assessment is required. E V_AL_U. AT I O N FOR IxN_' F RA S T R U CT Uj:LF.A E N'.V_IRD_NMENTAL. TRANSPORTATION AN[/ The subject petition has been reviewed by the appropriale staff responsible for oversight related to the above referenced areas of critical concern. This primarily includes a review by the Community Development envirom'n~:ntal and engineering staff, and the Transporlation Services DMsion staff. This petition ,,vas Mminis.tratively reviewed on behalf of the EAB and staff recommended approval. C~VALUATION: Appropriate evaluation of petitions .for rezon/ng should establish a factual b~is for supportive action by appointed and elected decision makers. The evaluation by professional staff should t2,.'pically include an analysis of the petitioner's relationship to the community's future land use plan, and whether or not a rezoning action would be consistent with the Immokalee IM'as~er Plan in all of its related element:;. Other evaluation considerations should include an assessment of adequacy of' transportation inkastr'..,:ture, other infrastructure, and compatibility wi~l~ adjacmt land uses, a consideralion usually dealt with as a facet of analyzing the relationship of the rezoning action to the long range plan for fiiture land uses. The most important facet of the rczoning is that it constitutes a legislative statement that amhorized the use of land for a specific development strategy, provided the development of the land can go forward. It may or may not affect the timing of development because of :;ubsequent permitting requirements. Staff completed a comprehensive evaluation of this land use petition and the criteria on which a favorable: determination must be based. Th',s evaluation is intended to provide an objective, comprehensive overview of the impacts of the proposed land use change, be they positive or negative, cuhninating in a staff recommendation based on that comprehensive ow~'rview. The listed criteria are spcc.ifically noted in S~tion 2.7.3.2.5 (Rezone F;ndings) of the Land D,:velopment Code thus requiring staff evaluation and comment, and from the 'oasis for a recommendation of approval or d,mial by the Planning Commission once approved and/or othm~qse modified to the Board of County Con'hmissioners. AG£DIDA ,IUL 2 2 1cig7 Each of thc potential impacts or considerations identified during the staff review are listed under each of thc crilcrion noted and arc categorized ax either pro or con or not applicable, whichever thc cm~c may be, in thc oph"tion of staff. Staff review of each of thc criterion is followed by a surrtmary conclusion culminating in a determination of compliance, non-compliance, or compl!ancc with mitigation. 'l~csu evaluations are completed as separate documents and have been attached to the staff report as Exhibi! "A'. (Sec Attached) In aodition, a rezoning action est~'J~lishing a ".gill" zon{ng district is both consistenx with the basic land use designation and dcn:~ity rating syste~n of the Immokalee FLUE mhd the Irmmokalcc Master Plan. ~om.p, atihili~- The properly is adi~cent to a developed mobile home subdivisions to the north and northeast. The site also abuts :: church and is near a water treatment plant and :fire station. .Agriculturally zoned propel:les to lite east and west of the site should reasonably be expected to be rezoned to the MH or VR zor~ing districts. 'Dmrefore the l, efi-I zoning district should be deemed compatible with adjacent a:~d nearby residential zoning districts. I_irrlillg - Clearly the timing of a re:;'.ening action fi.om agriculturally zoned land is present when the l~d is surrounded by the "Hig['. Residential" area as denoted on the Immokalee FLUE, and when it is capable of being served by sanit.'u-y sewers and potable water supplies. .T.r~.ff~ - ~-,wfis rezoning action will :.nly generate 100 additional ve!ficular trips based on the site size of 3.10 acres. The added trips; will not lower the level of service below adopted standards. Therefore, the rezoning action will I.~e consistent with the TCE. [l~:.astruc_t'dl~ - The site is capable of being sec'ed by the Lmmokalee water and sewer systern. Availability letters and construction plan approval flora the Irmnokalee Water/Sewer District shall be provided prior to final subdivision plat and plans approval. Staff is recommending that plat approvals and the development of lots should be conditioned upon each lot being connected to the Immokalee water and sewer system. Summary - An action to rezone th,: subject property to "M/-I" is consistent will all applicable elements of the Irrtmokalee Master PI~. Traditional plarming theory further states that applications to rezone property to a use consistent with the conu'nunity's Comprehensive Plan should be based upon a finding of general compatibility with zoned or developed consistent land uses. An action to rezone the subj::t property is deemed compatible with nearby residentially developed properties. Similarly, zoning actions should be timed .to the availability of 5nfrastructure and cormnuniry facilities and ser',Sces based on the theory that to do other,vise fails :.o maximize public investments and encourages urban sprawl. This petition if approved is timely a.$ measu, red against this criteria. 'that the Collier County Plam~ing Commission (CCPC) reconunend approval of Petitioa R-97-1 having the effect of rezomn g a certaiin parcel of land from 'A' Agricultural lo "Mit" as described by the Ordinance of Adoption and ~ci:~hibit thereto made a part of this staff report b reference. JIlL 3 2 1997 PREPARED BY: LLOWS PRINCIPAL PLANNER R~ B ~' P~T'~.- MULH E RI~,'-~ C P,-32;~-'~G E R DONALD W. ARNOLD, AICP, D~RECTOR PLAN,N-I/~G SERVICES DI.~PARTMENT COMMUNITY DEV. AND ENVIRONlv~NTAL SVCS. Petition Number R-97-1 StaffReport fbr Juiy 3, 1997 CCPC rncetir, g. COLLIER COUNTY PLANNING COMMISSION: MICHAEL A. DAVIS, CHAIRMAN STAFF REPORT/R-97- I/RVB/rb ¢/b/t 7 D'ATi~ DATE DATE ,J[IL g g 1~7 ~, / REZONq~ FINDINGS PE'rlTION R-97-1 Section 2.7.2.5. of the Collier County Land Development Code requires that the report and recommendations of the Planning Conu'nission to the Board of County Commi:;sioners shall show that the Planning Commission has studied and considered the proposed change in relation to the following, where appI cable: Whether the proposed change will be consistent with the goals, objectives, and policies and Future Land Use map and the elements of thc Growth Management Plan. Pro; Development Orders deemed consistent with all applicable elements of the GMP should be considered a positive relations,hip. _C,_o~ None Summary, Fi~in~ The proposed development is in compliance with the [rnmokalce Future land Use Element of the Immokalee Master Plan. The existing land use pattern; Pro.:. There are existing mobile home dwellings to the north opposite Curry road .Con: None. ~$-mn~ja~n~ Eva, uadon not appticable. The possible creation o,f an isolated district unrelated to adjacent and nearby districts; I'ro/.C,.o.m Evaluation not ~:pplicable. Sumtllal:2CEiadiag~ The parcel is of a sufficient size that it will not result in an isolated district mn-elated to adjacent and nearby districts because it is consistent with expected land uses by vimie of its location within the "High Residential" Subdistrict on the ;rnmokalee Futq~re Land Use Element. Whether existing district boundaries are illogically draswa in rela on conditions oa the proper~y proposed for cl~ange. 1 JUL 2 2 1997 The district boundaries are logically drawn and they are consistent with thc GMP. Con~ None. ~$.u. Inmary Findings_: Adjacent land to the north is approved for mobile home dwellings. If approved this action would 5erve to enlarge the mobile homes permitted in this area. Whether changed or changing conditions make the passage of the proposed amendment necessary. Pro: The proposed zoning change is appropriate based on the existing conditions of the property and because /ts relationship to the FLUE CFuture Land [.;se Elemcnt of the GM2P) is a positive one. Con: None. Summaiw_;~Finditlg..L: Con'.;istent with ~he Irmmokalee Master Plan. '~Vhether the proposed change will adversely' influence living conditions In the neighborhood; Erm (i) Adjacent properties are iocated in the Village Residential Zoning District wkich pemfits mobile home dwellings. By virtue of this fact it is reasonable that one assume the potential for rezoning actions leading to additional mobile home development. Recommended mitigation actions made a condition of approval will go a long way towards off-setting any potential adverse influences on the proposed re:;idemial community lying north of the project. Con: (i) None. ,5.3l[ltlZtlry Findillgl;. The proposed change will not advemely influence living conditions in the neighborhood because the recommended development standards and other conditions for al:.proval hav'e been promdlgated and designed to ensure the lea~t amount of adverse impact on adjacent and nearby developments. Recommended mitigation actions should serve to meliorate impact on an adjacent future n:sidential Whether the proposed change ~s-ili create or excessively increase traffic congestion or create types of traffic deemed incompatible wi~h surrounding land uses, because ~,f peak volumes or projected types of vehicular traffic, Including activity during construction ~hases of the develop~nenr., or otl~envi~c affect public safety. An action to rezone the prope:ty ax requested is consi: applicable traffic circulation element& (~) Thc property fronts directly on a public road thereby providing a immediate access to the arterial road network over which traffic L'om this project would be defused. f.~m (i) Urban intensi,qcation results in greater volumes of traffic on the arterial and collector road system serving the project. Other projects dependent upon the same: street system may perceive this result as one which will reduce their perceived comfort levels. Summary_ Fil~illgs.' E,:aluation of this project took into account the requirement for consistency with Policy 5.1 of the Traffic Element of the GN.cP and was found cor~sistent, a statement advising that 'hhJs project when developed will not excessively increase traffic congestion. Additionally ce:'~.ain traffic management system improvements are r~:quired as a condition of approval (i.~:. ,'urn lanes, traffic signals, dedications, etc.). In the final analysis all projects are subjett to the Concurrency Management system. Whether the proposed chanl::e ~ill create a drainage problem; Fa_a: (i) The Land Development Code specificall), addresses prerequisite development standaJds that are designed to reduce the risk of flooding on nearby properties. New development in and of itself is not supposed to increase flooding potential on adjacent property over and above what would occur without development. Eon: (i) Urban intensification in the absence of cormmensurate improvement to intra-county drainage appurtenances would increase the risk of flooding in areas when the drainage outfall condition is inadequate. ~/l'a/1Za_D' Fin~l. hlgt;. Every project approved in Collier County involving the utilization of land for some land use acti'Aty is scrutinized and required to mitigate all sub-:urface drainage generated by dew:lopmental activities as a condition of approval. This project · ,vas reviewed for drainage relalionships and design and construction plans are requ(red to meet County standards a.s a c¢,ndit[on of approval. In the eOent area wide deficiencies develop, wtfich deficiencies would be further exacerbated by developing vacant land, the County is ~equired to react ::brough its Concurrency Management system. Whether the proposed change will seriously reduce light and air to adjacent areas; .P-_r~C~: Evaluation not applicable. 5.ttlllm~r3~.._~v_.a~iat~ All projects in Collier County are subject to the deveio.~ment stand~.rds that r,:e unique to the zoning district in which it is located. These develo.>ment standards ea~d others apply gen~:rally and equally !o all zoning districts ~.,.. 'JUL 2, g 1991 10. 11. 12. 13. requirement, corridor management provisions, etc.) were designed to ensure that light penetration and circulation of air does not adversely affect adjacent areas. Whetker the proposed change 'Mll adversely affect property values in the adjacent area; Pro: (i) Typically urban inten_s~cation increases the value of' contiguous underutilized '!and, a condition wh/ch exists on the east and we:it sides due to its Agriculr~ral zoning. ~ (i) None. Summ:ary Fin_ding,x; Tiffs is a subjective determination b~sed upon anticipated results which may be internal or ext:mal to the subject property that can affect prop,:rxy values. Properly valuation is affected by a host of factors including zoning, howew:r zoning by itself may or may not affect ,~alues, since value determination by law is driven t33' market value. The mere fact tha~: a property is Wen a new zoning designation may or may not affect ','alue. Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations; Evaluation not applicable. Suture:try Findings: The basic premise underlying alt of the development standards in the zoning division of the: I,and Development Code is that their sound applicalion when combined with the administrative site development plan approval proce:;s, gives reasonable assurance that a change in zoning will not result in a deterrence to improvement or development of adjacent property. Whether the proposed change '~-ill constitute a grant of special privilege to an individual owner as contra.qing with the public welfare; Evaluation not applicable. 7tllllllm~gg The proposed development complies with the Growth management Plan, a public policy statement supporting Zoning actions when they are consistent with said Comprehensive Plan. In light of tl:fis fact the proposed change does not constitute a grant of special privilege:. Consistency with the FLUE is farther determined to be a public welfare relationship because actions consisten! with plans are in the public interest. Whether there ute snbstantfal reasons why the properOy cannot be used in accordance with existing zoning; P_.rlff. C.~n: Evaluatiot~ not applicable. ,JlJ L g 2 199' 14. 15. 16.. 17. Etummary Findings; The subj¢':t property can be developed in accordance with the existing zoning, however to do so would deny this petitioner of the opportunity to maximize the development potential cf the site as made possible by its consistency relationship with the FLU'[:.. Whether the change suggested is out of scale with the needs of the neighborhood or the County; P_Loz. The proposed development complies with the Growth Management Plan. And is similar to other mobile home subdivisions in the area. Con: F. valuation not applicable. ,.5_ummarT,_' Findings: A policy statement which has evaluated the scale, density and intensity of land uses deemed to be accept.able Ibr th. is site. Whether is it impossible to find other adequate sites in the Count)' for the proposed use in districts already permitting such use. Evaluation not applicable. 5umttlilry F_ill]JilLgt;. There are mzay sites which are zoned to accommodate the proposed development. 'Il'ds is not the determining factor when evaluating the appropriateness of a rezonin:_~ decision. The deten'ninants of zoning are consistency with al' elements of the GM?, cc, rnpatibility, adequacy of infrastructure and to some extent the timing ofthe action and all of'the above criteria. The physical characteristics of the property and the degree of site alteration which would be required to make the property usable for any of the range of potential uses under the proposed zoning: classification. Pro/C_a.Qi Evaluation not applicable. ,,~ll. ralltiry EiIllIgI.~i Physical alteration is a product of developing vacant la,ad which cannot be avoided. The impact of development on the availability of adequate public facilities and services consistent with the levels of service adopted in the Collier County Growth Management Plan and as defined and implemented through the Collier County Adequate Public Facilitie~ Ordinance, as amended. Evaluation not applicable. determitmd that required J. rtfi~astructt~rc m~ts with GMP established relationships.' i'JUL 2g i997 COLLIER COUNTY APPLICANT ADDRESS: _~-~D~ PROPERTY OWNER (PETITIONER) NAZ'[E At~D ADDRESSa: BAPIIST CHURCH D~AILSD LES~ DESCRIPTION OF ',~;~JEC~ PROPERTY: SECTION: , .~ TOh~SHIP .~E~ 3i 7465 E29E containing A PARCEL IN THE SE 1/4 OF THE tee 1/~ ~ ~- , ' 3.10 Acres or 13540 Square feel: of land meas,ared to the south line of Curr'y Rd. l~,moka!ee, Florida Collier County. See d~:scription a't?.ached PROPERTY I.D. ~.~6 2931 004.005qE31 330.24 FT. X 450 FT'. ACRES: 3.]0 SIZE OF PROPERTY:_ GENERAL LOCAS?ION OF SUBJECT PROPERTY:~C°rner of Carson Rd g Curry Rd. Immokale~, Fl ADJACF, NT ZONING AND L~ND USE ZONING ~/~ ,~- EXIS. TI]~G ZONING:___~ LAND USE PROPOSED LAJ~D USE O.q RANGE OF USES (OPTIO~AL) :~ mobile home lots ,JUL Z Z 19~ -1- DOES PROPERTY OWNER OWN CONTIGUOUS PROPERTY TO TItE SUBJECT PROPERTY? IF SO, CIVE COMPLETE LEGAL DESCRIPTION OF ENTIRE CONTIGUOUS PROPERTY: '¢~. 120'] C~rson Rd.~Immokalee ldescripti_on attached) is the Chu~zch f~cilj~y an__d__i_s ow_ned by Lake Trafford Independent Baptist Ch&Leah. HAS I PUBLIC HEARING FOR I }(EZONE BEEN HELD ON THIS PROPERTY WITHIN THE PAST 12 MONTHS? IF YES, PL}5%SE WRITE ~q{E REZO~;E A}'PLICATION NO.__ IS T~IS PROPERTY CURRE~!TLY 5/AaCANT? X YES __NO. IF THE ANSWER I$ NO PI~EASE DESCRIBE THE CURRENT I2%ND USE AND ALL EXISTING STRUCTURES. · s Ao~ent SIGNATURE OF PL~I'ITIONE~,,,~t~AGENT 2/27/97 DATE If petitioner is a corporation other than a public corporation, so indicate and name offic:ers and major stockholders. * If petitioner is a land trust, so indicate and name beneficiaries. .if' petitioner is a ~artnership, limited partnership or other business entity, so indicate and name principals. .If petitioner is a lessee, attache copy of lease, and indicate ,actual owners if not indicated on the lease. If petitioner is a contract purchaser, attache copy of contract, and indicate actual owners name and address. STAND REZONE APP/md/14864 -2- ,JUL 2 2, 1997 PROPERTY DESCR1 PTION: A PARC,'F~ tN 'D-~E SOUTHEAST ~/4 OF THE NOR'n-~F_AST 1/4 IN 5,IECI'ION .31, TO¥~!:~I~P 46 SOUTH, RANGE 2.9 EASi', COLLIER COUNT~; ~?~-~,/Tt AT THE EAST QUART-ZR CORNER OF SECTION 31, TOt,~,~SH~P ,R~ SOUTH, RANGE 29 EAST, COLUER COUNTY, FLORIDA, RUN NORTH 00'55'40" V~F..ST 10C~.00' F'EI~T ALONG ,~E -EAST UN;~ OF SAiD S'ECllON; THENCE NORTH 89'06'30" WEST 30.00 Fl~.~.r TO I'HE WEST RIGHT-- OF-WAY UNE CF CARSON ROAO AND THE THF.~CE NORTH B9'06'30" ~ST 450.00 FEET; THENC£ PARALLEL TO 'THE SAID EA!3T SECllON IJNE, NORTH 00' ' 55'40" '/~ST 330.24 F'E~I' l'O A POINT ON THE P-~.INT~ L~NE OF' CURRY ROAD; THENCE SOUTH 89'06'30' EAST 4.50.00 FE~T TO A POINT ON THE AFOREX{ENIIONED tA~Fri'ERLY RIGHT- OF~WA¥ UNE OF CARSON ROAD; THF'.~CE ALONG THE SAME SOUTH 00'55'40" FAST 330.2,$ FEET TO THE RESER'vlNG THE NORTH 30 FETE-T FOR ROAD -'~-Q~_~&. 3.4-~ ACRES OR '14.B53.3 SQUARE r~T OF LAND. MF_ASURE1} TO }'HE C~,~TE'~ IJNE CF CURRY ROAD. ~I'I.~.U!L~: 3.~0 AP-.RES OR 135040 SQUARE FL3s~ OF LAND MEASURED TO TH£ SOUTH. LJNE OF' CURRY ROAD. !JUL TH'IS INSTRUMENT I'REPA2LED BY: Kenneth K. Thompson, Esquire 403-D ]roan Avenue Lehigh Acres. Florida 33971 Parcel I.D. No: 00071960001 2145605 OR: 2280'PG: 07'63 CUll 310DO.I lie ri{ Il.! DOC-.)I IlL{ DEED, <~tid ~s ~ day of l~U, 1997, by ~Z, ~ ~rson ~ ~e~. r~fively, BI~. a g~izl taxing diirricL 'whn~ maltine Tou. mhp ati South. Ran~ 29 F.~.'~, ColDer C~unry. O~-,,.,~.d,4 a ~t Emi qun~ oornor of ~-tion 31, 89~730' W~[ 30.~ ~ to the We~ ~,C~nning, ' TOCE'Ilt:ERwith all the tenem,m~s, hcrrditamcnu and appurtenancti thcr,:to belonsing or in anyM.se appertaining. TO HAVE AND TO HOLD the ,~tme in fee simple forever. Ommr ~a~ ~ tit)~ ~n ~ P~ fnr any nc~s nf Granrflr ~nd will {a~&d clzi~ of ~ ~o~ clab:n!ng by, ~ou~, or ~4~ Gr~tur. IN 'wri"NtS.q WI:iERE.OF, the Grantor bas hereunto ,et their bm&; and ~etl [be d~y and , fiig~¢d, .~ea/ed ~d della'ct.cd in ',-he pteacnc, e: STATE OF F~OR.I:DA" } COUNTY OF COLLLER ) The foregoing L':s'm,'tment wa~ ~knowledged before mc this ~ day of J$.nuary, 1997, by JOS,riPEf M. ATTH:EW$ md I'-.AWRENCE PEP_II'__7, Ch~i~,m~on and Sexwet~., ~*pectively, of tl}.,~-~,LM:M?..KALEE WA'Iw~R ,~ SEWER DISTRICT, on behalf of the Dimrict, who C¥~m;~Lly ~a~own to mc or w~ E,ve Dprod-:,r_e.d Florida Drivel; Licenae No,. Petitioner is a Church: Lake Trafford Independent Baptist Church. Lake Trafford independent Baptist Church is the owner of ~us_u_s.property to 1he subject property. The sttached deed copy shows the legal description of the Church's property. I, ~--~'~/~i _~. /~6Fc~ P~-~-o~ being duly sworn, depose and say t ~ - ~'- ........ . ha~ I am the ~of the property described herein and which is the ~ubj~ct matter oE the proposed hearing; that all the answers to the ~estions in this applicat~on~ and all sketches, data and other supplementary mater attached to and made a part of this app!icatlon, are honest and true to the best of my knowledge and belief. I under~tond this application must be completed and accurate before a hearing can be advertised. I furthe~ permit ~ ~.--~._ (AGENT'S N~E) to act as my representative in anv matters regarding this petition. State of Florida County cf Collier LAKE ~h~.~FORD BAPTIST CHURCH BY:I/ . .'; ... SIGNATURE OF OWNER ~j,/~£h~avf°~;g°~g~,er'ie~lt Slheet %'as acknowledged before me ahis - ' - ,,~u n~s proauce~ ..... fl .... ~ ..... ~,u ~,,o Gld (d!d not) take an o~h- f ~' ~n~ as NOTARk' PUBLIC ~.- .... ~.~~ Comiss:o- { ~ ~ FAYEILS~F -1- L ,'~ ~ 1997 ORDINANCE NO. 9-/- AN O.%Di:;.'-_~CE A~ENDING ORDIN~34CE NUMBER 91-!92, THE COLLIER COUNTY LAND DEVELOPMENT CODE WH_?CK ESTABLISHED THE COMPREHENSIVE ZONING -~-~GJLATIONS FOR THE UNINCORPORATED ARF_~. O.-- COLLIER COUNTY, FLORIDA, BY AMEND-~:;G THE OFFICIAL ZONING ATLAS MAP NU:~.-:'-.--, 6531N BY CKANGING THE ZONING CLASSiFiCATION OF THE HEREIN DESCRIBED PROPERTy LOCATED ON THE SOUTHWEST CORNER OF CARSON RO~D AND CURRYY ROAD, IN I~MO~LEE IN SECTION 31, TO~qgSHIP 46 SOUTH, RANGE 29 EAST, COLLIER COUNTY, FLORIDA, FROM "A" TO "MH" MO-%ZLE HOME FOR A MOBILE HOME SUBDiViSiC~';; PROVIDING FOR STAFF AND PI~.NN'i:;G CC.,~MISSiON STIPULATIONS: AND BY PROViD!:;G ~_N EFFECTIVE DATE. WHEREAS, ---.--her~ L. Self, representing Lake l'ratford Independent Ea.~ti_~t Church, petitioned the Board of County Com~niss~oners to ckange the zoning classification of the herein described rea! UrcTerty; N()N, ?HEF~?CT.E 5E iT ORDAINED BY THE BOARD OF COUNTY CO~HISSi,DNERS Cr CS~iER COUN'fy, FLOP. iDA: SECTION O~/E: Tke zcnir.~ c25aaLfication of ~ke real property as par¢icular!y dEarrE~a~ by Exhibit "A", a[tached hereto and incorporatej k-- -: refarence herein, and located in Section 31, Township 46 Scu~h, F.ange 29 East, Collier County, Florida, changed fro~ 'A" tD 'MH" Mobile Home and the Official Zoning Atlas Hap N'~m~er 6}31};, as described in Ordinance 91-102, the Collier Ccunty !.an~ levelopment Code is hereby amended accozdingly. Tk~ kerein described rea! preperty is the same for which the r~zone is kareby approved subject to the folio'wing conditions: i. Pursuant ts Section 2.2.~5.8.1 of the Land Develc~:r. enl Coda, i~, during the course of site clearing, excavation or o~her construction activity an hl.~toric or archaeologic.al artifact is found, al! devz].opment uithin the minimt~ ar,ca necessary to P~otect th~ discovery shall be i~ediate3, y 5%opped and the Collier County Cpde Enf°rc~ceat Department COntacted. 2. ,~va.i]abi/[i[v lettar.~ a~d construction plan a~:)roval frcn the Immokalee Water/Sewer District shall b~ pre';ided p~!or to final I JUL ~2 7 9 ~0 ~9 ]0 SECTICN TWO: This Ordinance ~kall become effective upon fillrlg with the Department .Df Scare. PA~$ED ~.~D Db'L¥ ~/~3PTED by the Board of County Ccmm]~$ione~$ of Collier County, Florida, thi~ ~ day of ......... , 1997. BOARD OF COUNTY CO~ISSION]~RS COLLIER COUNTY, FLORIDA BY: TiMO?HY L. ~.NCOCK, CHAIP~.kN ATTEST: DWIGHT E. B:{OCK, CLE~ JUL ,3 2, '1997 LEGAL DESCRIPTION PRC'PERTY DES(RIPTf[©N: A PARCEL JN 'I"HI~ $OU'[HEAST 1/~- OF 'D{E NORTHEAST 1/~ I1~1 SECTION .:51, T(!I,YNSHIP 48 SOUTH, RANGE 29 EAS]; COL/J~R COUN~Ff, FLORIDa. ~QJ~E~i~[~ AT FHa' EAST QUART-:R CORNER OF SEC]ION 31, TOWNSHIP 4~ SOUTH, RANCE 29 EAST, COUJER COUNI¥, FLOR]DA, RUN NORTH. 00"55'40' ',%EST I000.00' FEET ALONG ]]{E EAST IJNE OF SAJO SECtiON; THFJtCE NOR'I]1 89'06'30' %~EST 30.00 FE;3 TO THE -WEST RICHT- OF-%?AY LJNE OF: CARSON ROAD AND lHE THENCE NORIH 89'06'2.0' WEST .z.50.00 FEET; TH'ENCE P. ARALLEL 'to -ITiE: SALE,; FAST S£CT~ON UNE. NOR'ITl OO''' 55'40" WEST 530,24 FI~:-'T TO A POINT ON THE CENTER IJNE OF CURRY ROAD; THENCE SOUTH 89'06'50' F..,AST 4.50.00 FEET TO A POIN'T ON 'i't-{E AFORD,~E/4TIONED WF.S- TERLY RIGHT- OF~VCAY UNE OF CARSON ROAD; 'i~'IE::NC.~ ALONG THE SAl4E SOUTH 00-'55"4.O" EAST 350.24 ~ TO THE ~F__ RESD{VINC THE NORTH ;50 FEET FOR ROAD -C-Q~6J.12~L 3.4I AORI:~; OR 14.8.5,~ SOUAR, E FF.i'"r OF LAND. ;ZEA.$'URfD 1,"() THE C'D{TYR UNE OF' CURRY ROAD. 9D_~ALN~_J/{9; 3.~0 ACR.~.:, OR 1J~,O SQUARE FE~T OF LAND I~EA~RED 'FO ]]~E SCUTH~ LINE OF QJRRY ROAD. EXHiB.IT "A" EX ECUTIVE SUMMARY REQUEST FOR BOARD TO CONSIDER ADOPTION OF AN ORDINANCE AMENDING ORDINANCE NO. 96-6, "THE UTILITY REGULATION ORDINA1NCE', BY AMENDING SUBSECTIONS 1-3 (E) (1) AND (2) TO MODIFY CRITERIA REQUI!RED AND PREFERRED FOR APPOINTMENT OF APPLICANTS TO BECOME MEMBERS OF TIlE COLLIER COUNTY WATER AND WASTEWATER AUTEiORITY. OBJECI'I'¢E: That the Board o1' County Commissioners consider adoption of an Ordinaxlce that will amend Ordiaance No. 96-6. by amending Subsections 1-3 (E)(I) and (2) to modi:y the qualifications ard criteria for appoJn,*ment of applicants to become members of the Collie,'- County Water and Wastewater Authority. CONSiDE.[,DkTIONS: During its regular meeting on June 3, 1997, the Board of County Commissioners dircc;ed staff to bring to Irc Board a proposed ordinance to amend the c,6teria anti preferred q',~alit']cati,3r,:; fbr candidates applying for appoimmcnt to Ire Collier County Wal:er and \Vaslcw~tcr Authority. Modifications include a preference for applicants '>/ho are customers ol'a regulated utility and who possess relevant experience. Florida Waler Sc~ices Corporation. formerly SSU, does not support the amendatop,, language regarding thc preference :for applicants who are customers of a regulated uti'lity. The le~er, dated July !0, 1997, :from the utility's StaffAttorney Matthew Fell, Esquire is attached, I~ISCAL IMPACT: None. GRO%~irFH MANAGEMENT ilqPACI': None. R.ECOMMENDATI£)N: That the Board cor~sidex' adop:ion of'd~e accompanying OMinance amea~ding C~din~ce N'o. 96-6, to modify the qaalifications ~d criteria for app~{ntment of app,' ~ta ~ members of ~e Collier CemqD' Wal~ m~d W~tewater A, utnodty. /, : / Prep~ By:-~~~2~___ Date: '-t0-~7 D. [i..t'8~eu' W~dlace Manager, Office of Utility Regulation Thmkava; ~, Pa~,cr,. Assistant Coantv Attom%' ///,/ ,,':' $ " Appmv~ B:~: f.:__..,_.~,~ .... ~.J.--x~'_ .__2 ........ l.}a[e: Mic~iael A. l'AcN,;~s, Assistm,t Coun~: AdmMiswaio7 ~~5?~A 1~ '~ 6 7 9 lC' 11 12 13 14 16 17 19 2O 21 22 23 24 25 27 28 29 3O 31 32 33 34 35 36 37 39 40 ORDIN,kNCE NO. 97- AN ORDFNANCE AMENDING ORDINANCE 96-6. "UTILITY REGULATORY ORDINANCE," BY AMENDFNG SUBSECTIONS (E) (I) AND (2) OF SECTION i-3 TH'~,OF TO MODIFY CRITERIA REQ[FiRED AND PREFERRED FOR APPO1NTMEI, rr OF MEMBERS TO ?vie COLLIER COUNTY WATER AND WASTEWAntER AUTHORITY; PROVIDING FOR CONFLICT AN-D SEVERABILITY; PROVIDING FOR FNCLUSION IN THE CODE OF LAWS Aaa/l) ORDINANCES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Boeaxl of County Conu'nissioner,s has determined that is in the best interests of the public's health, safety, anti welf~-e, th,~t the criteha and requirements for qualifizations for appoiming members to the Collier County g/alex ired Wa.stewaler Authority be modified. NC)W. 'tHEREFORE, BE IT ORDA/NED BY THE BOARD OF COU,~TY COMMI:~SIONERS OF COLliER COiSNTY, FLORIDA, tha~: SECTION ONE: Amendment~ to Section 1-3 of Collier Count)., Ordinance No. 96-6. Subsections (E) (i) ;',nd (2) of Section 1-3 of Collier County Ordinance No 96-6, are hereby amended to read as follows: SECTION 1-3. COLLIER COUNTY WATER AND WASTEWATER AUTHORITY; POWEI~q AND DUTIES. E. Members of the Authority. The Authority shall consist of five (5) member~ appointed by the Board, Three (3) member,s shall be technical memb~r~ md two (2) member~ shall be lay membzr~..~l/caat~ who are r, qatLo~q:rI_gf a rewalt~ed.t(l~pe shall .¥_~J~.g£~ly_e4, The Bo~d, collectively, shall appoint, all memb~s. Mo~ thru one (I) member may be appo{nled fl:om thc same arca o.r expertise. No Board member has any individual tx>wet of appt~intment. 1. 'Fa~ch tec,h, nical membrx shall be appointed based on individual expertise in one (I) or mom oflhe fo!loMng are~: (i) Engine.'a'ing: vrith exp~-.tienc¢ in ',vat..w ~nd sewer systern,q (ii) .F~h~:3g;~.~'-t%'r~e_jB gl'inar~ce, accounting, rate-m~Lking, md/or utility regulation; or AGENDA ITEI~'~ JUL 2 2 (iii) Business Wercls ~ill~ 42 :). The ]ny members sh,,ll b.c appointed on thc basis of individuJ, l civic pride~ and 43 integrity, ~, &~lican~ra.~r's ~cal who haw experience in any 44 ltre* o£ relevant utility service and managt'mcm, raU:-mdcipg, utility 45 regulation, or other endeavors w_i~e.._p~ by the Board to be ~J.y 46 beneficial to thc pmpc-r functioning oF thc Aulhorhy. L~y members may be 4';' appointed £rom thc same areas of expertise ~ technical mcmt~"s. 48 SECTION TWO: CONFLICT AND SEVERABILITY 49 50 II' any s,~t~on, phrase, sentence or portion of'this Ordinance is l'or any re,-son held 51 invalid or unconsfitmional by ~y court of competent jurisdiction, such portion shall be 52 deemed a ::epnra~e, distinct, ,nd independent provision, and such holding shall not aft'ecl 53 ~he validhy ofthe remaining po~lions thereoF. 54 SIi. CTION THREE: INCLUSION ~N THE CODE OF' LAWS AND 5~ ORDINANCES. S5 57 ~'he pm;'isions of this Ordinance shall become and be made a pan of the Code o£ Laws ,,nd Ordinances ol. Collier County, Florida. Thc sections of thc Ordin:,nce ma).' be $9 rcnumbc:ncd or relcttcred to accomplish such, and thc won:l "ordinance" may be ch:,nged 60 to "section," "article," or any other nppmpriat~ word. 61 ~ECT1ON FOUR: EFFECTIVE DA.I'E. 62 63 This Ordinance shall become effective upon filing this Ordin~.ncc with 64 Dep~rtmcnt of State. 65 PASSED AND DULY ADOPTE. D by the Board of County. Commissioners of 6.6 Collier County, Florida Ibis .... day of _, 1997. 67 6~ ATTES'I': 69 D¥,qGFFF ]i'L BROCY~ 7O CLERK 72 73 By: __ 74 ~t,t}, Clerk 76 Appc'ovcd ~s m form and 77 legal Thom~.s C. P~lm~ Assistan~ C'c, un~y At omey ~3 1t5 BOARD OF COUNTY COMMISSION'ERS COLLIER cOLrNTy, FLORIDA By: HANCOCK, C,~irman 2 .JUL 2 2 1997 Pg. ~ ~ uvz $£R July 10, 1997 Nr. P.E. 'Bleu" Wallace Utility Re~rulatory Nanag,~r & Executive Director' Collier County Water & Wa.stewater AuLt~ority 3301 E. Tamiami T~ial Naples, FL 34112 by fax & U.S. Re: Proposed. Amen~:nent to Section 1-3 of Ordinance No. 96-6 Dear Bleu: I write to advise you that Florida Water Services Corporation ("Florida Water') ~oes not support an ordinance which permits utility customer~ re, set their own rate~ or decide other matters involving ~he otilJ, ty which serves them. By establi~hin~ a preference ~or a~pointment to the Authority for customers of a regulated utility, the County invites utilities to q~aestion the objectivity of Authority men. rs, file motions for dtsczualification and ~r~u~ litigation all]ernaLives to preserve its rights an,~ tl~e integrity of the process. ~rther, the appointment of cus~omerl; to be mea%bers of the ~thority, notwith~tandin~ the preference, ~y raise a number of issues and concerns as to the prohibitions and rc~nairements of Chapter 212. Florida Statutes. Please call me at (407) ~)80-005S, ext. 260, or Brian Armstrong at ~xt. 152 if you have a.ny ;~eztionz or cor~uent$ r~gardin~ the abow~. RECOMMENDATION THAT THE BOARD. OF COUNTY COMMISSIONERS ADOPT AN ORDINANCE AMENDING ORDINANCE NO. 96-83, THE COLLIER COLINTY BUILDING CONSTRUCTION ADMINISTRATIVE CODE OBJ_E_.~TIVE: To have thc Board of County Commissioners adopt an ordinance amending Collier CounTy Ordinar:ce No. 96-83, the Collier County Building Construction Admilfistrative Code. -~ONS--I. DI~R__A~-T.I()~N_$: Since the process of amending and adopting the Building Code in December, 1996, questions arose trom members of the American Institute of Architects regarding verbiage relating 1o design professionals. After discussions with the Development Sen, ices AdvisoD, Committee, Staff determined that changes were necessary for better clarification o£the design proSessi(mal's responsibility. Regarding thc change in Section 10,I.2.3, Design Professionals, the intent of the original language was to hold the de:;ign professional responsible for determining whether the structures ,,,,'ere constructed in accordmnce with the applicable design specifications only if that design professional assumed inspection r¢.sponsibility, however, the language in the Ordinance does not state this intent. 'D:e Ianguagc would require County Staffto hold the design professional responsible for the actual t:om:truction even thou;~h he did not perform the inspection:s. This amendment clarifies not only Star:Ts intent, but actual enforcement procedures. A nexv fee resolution was also adopted since amending thc Building Code. References to the fee resolution have been amended to refer to the ne~' Fee Resolution No. 96-594. F_F_[~.C__AL IMPAC_T_: None. -.GR QWTH~ M A_2N_.A_G _E ~M E N_T. Lh,_'kp A CJ.: None. R--F~---C--O-N!.~J~_F-,ND_~_k.__T!~.~:: 'l-Mt ~e Board of CotmB, Commissioners adopt an or,'qnance amending Collier County Ordinance '['Jo. 96~83, ~be Collier CounD- Adminislmtive Cod- -.37.~ ) · Building Construction · " ~. /..;/ /I ,,_<..¢::. j,x / / }:_~3w~M S. ?orion, Dimglor Date Buil~ii~.R'e.;icw ~nd Per:]filling ~-/1 ' ?" ' - '//,: 1 & dr9 .- ,. 3 COLLIER COL~NTY BUILDING CONSTRUCTION ~MINIS%'~TIV~ COD~ 5 ~ ORDI~;~CE AMENDING COLLIER cO~TY o~IN~NCE NO. 96-83 BEING 6 IHE COLLIER CO~Y BUILDING CONSTRU~ION ~MINIST~TIVE CODE, 1 FOR 9rME GAS, MECi~NI~, PLUMBING, ELE~RI~, FIRE, SWIM, MING P~L, ~ BUILDIUG CODES FOR THE ~IN~RPO~TED AREA OF COLLIER 9 CO~TY, FLORIDA BY ~NDING ONLY SE~ION 104.2.3 RE~TING TO THE RESPONSIBILITY OF DESIGN PROFESSION~S; ~SO REVISING S~SE~ION 104.-;.1 ~ S~SE~IO>i 104.7.4 TO REFERENCE THE ~E~' COLLIER CO~fY FEE RESOLUTION NO. 96-59~; PROVIDING FOR CONFLi~ SE~d~L~ILITY; PROVIDING FOR INCI,USIO~ IN THE CODE OF ~WS ORDINanCES; PROVIDING FOR ~N EFVE~I~ DATE. ~EREAS, Section 553.73 (4) (a) , Florida Statutes, authorizes Florida counties to make local amendment to its buildin,~ codes; and ~EP. EAS, this Ordinance amends subsection 104 .2 3 (Design Professionals} to narrow the scope of responsibilities for design professionals; and ~EREAS, ~his Ordinance amends Subsections 104 7 1 and 104.7.4 of Section iC4.7 (Fees% to update the reference to the County's Fee Resolution No. 96-594. NOW, THEREFOre, BE IT ORDAINED BY THE BC~D OF CO~TY COmmISSIONERS OF COLLIER CO~Y, F~RIDA that: SECTION O~: SUBSECTION 104.2.3 (DESIGN PROFESSION~S) OF THE 32 COLLIER CO~Y BUILDING CONSTRUCTION ~MINIST~TIVE CODE IS 33 ~EREBY ~E~ED AS FOLLOWS: 35 104.2.3 Desi~ Professional. The design profes~sional shall be 36 architec~ or engineer legally r~gistered under the laws of thi~ 37 state r~gulating the ~ractice of architecture ox' ~ngine~ring and shall affix his official sea~ to said drawings, specifications 39 accc,mpanying data, for the following: 4~ 1. All structur~ in Collier County. ~2 2. Buildings s-~ject to certified perfo~anc~ under the 43 collier Cou:'.~y Coastal Const~ction Ordinance No. 87-20 ~ as amended cr superseded. ~5 3. Elevated residential st~ctures ~upported by beams and 46 colu~S such as pil~s or piers shall be designed by ~7 professional architect or engineer in the State 4~ Florida for aopropriate gravity, horizontal and uplif~ ~9 loads up to the firs~ elevated finished floor level. 50 r~maining ~:crtions cf the residence a~)va the 5! floor 3ev~! tuay b~ designed per the Collier County 52 Building Exception: <)n~ an~] two family dw~llin~s do pot r~ire 55 architect er engineer unless they ar~ in a coastal construction zon~ or ar~ con~t~c~d on ~tilts, piers, pil 57 etc., as outliner, in ~ub:~ction 104.2.3, 2 or 3, a~ve. e design pro~e~iona3 s~ll not b~_re~~ 62 ~~.T for detraining whether any ~t~cture designed 63 the de.si~ prof~ssional is being const~cted in accordance wit] his or her desl!~n and ~pecificationa. A design professional'a 65 5ns,;,ec~ion on a:~y ~t:~ctur~ shall have no legal effect for pu~oos~s of this Ordinance unless the retirements of either Words e~{~ are deleted; words ~d=~ are JUt 2 ~ 1~7 ~;ection 553.79(5]' or Chapter 468, Part XIII, Florida Statutes, ~ave been met by the design professional. [;ECTION TWO: S~]SECTIONS 104.7.1 A~ 104.7.4 OF SECTION 104.7 ,~FEES) ARE HEREBY AM]CNDED AS FOLLOWS: I 2 3 7 101.7 Feen 104.7.1 prencribed Fees. The Board of County Commissioners shall 9 ,_~stabli::;h, by resolution, a schedule of fees and charges 10 ;pert~,ining to pe_-mit and inspection processes under this ordin&nce ~nd ~;etated ordinances. It is the intent of these regulations that the County s~all not be required to bear any part of the cost 13 .Df a;Jp!ications made under this ordinance. Collier County 14 ~eso]ut~on No. ~.J~_~_~h{ D5 ~.2 which is the current schedule of fees 15 .~nd charges for permit and inspection processes, is hereby adopted 16 as the current fee and charge schedule. 17 The charges list.cd may be changed by Resolution of. the Board of 19 County Commissio:-.ers and are not subject to the appeal process. 20 permit ~hall be ;issued until the fees prescribed in this section i~,ave been paid. Nor shall an amendment to a permit be released until the additional fee, if any, due to an increase in the 23 estimated cost of the building, structure, electrical, p!ur~ing, mechanical, or g~$ systems, has been paid. 25 26 104.7.2 Work Co:~encing Before ~ern~£t Issuance. Any person who commences any work cna building, structure, electrical, gas, 2g mechanical or pl~,'m2oing system before obtaining the necessary i)erm:.ts, shall be subject to a penalty of 1001 cf the usual pez~-n, it 30 fee plus the usual re,.-uired permit fees. 3! 104.7.3 Accounting. The Building Official shall keep a permanent 33 ,~nd accurate accounting of all permit fees and other monies collected, the n~r. es of ail persons upon whose account the sane was paid, along ,~i:;h the date and amount thereof. 37 [04.'?.4 Schedul. of Permit Fm,a. On all buildings, struc%,ires. elecl;rical, plus'Ding, mechanical, ga-- or fire systems or 39 ,~lte::at.~ons requirinc_ a permit, a fee for each permit shall be 40 ;paid in accordan'-e with the collier County Fee Resolution ,';o. .59i ~ .~)~--{2'.-~ as then ar. ended or superseded. ~ECT~[ON ~-~{R£E: CONTLICT ~ SE%qER~ILITY in the event this ordinance conflicts with any other ,ordiuance of Collier County or other applicable law, the r. ore a6 rest::ictive shall a~ply. If any phrase or portion of this ordinance is held invalid or unconstitutional by any co~,'r~ of .-ompetant jurisdictio:~., such portion ~hall be deemed a separate, 49 ~istincr., and independent provision and such holding ~hall not 50 affect the validity of the rem. aining portion. 5~ 51 SECT£ON FOLFR: INCLUSION IN T~E CODE OF LAWS A~'D ORDIN;LNCES 57 Th.: provi~ion~ of this Ordinance shall become and be made a part of the coda of l,aws and Ordinances of collier County, Florida. The sections of the Ordinance may be renu~.~ered or reTLett'-red to accomplish such, and the word 'ordinance" may be 57 chan,]ed to "section". 'sr.ticle', or other appropriate word. 59 - Sv, CT~ON FIVE: E?FECTIVIE DAT~ 60 Thi.~ Ordinance ~hall become effective upon filing with the 6% Sacr,~_t,~,:.~/ of State. rio. /52'0 r deleted; words ~Kli are aJ~/ Words ~~ a e '. JUL Z ~ 1997 1 6 9 11 13 14 16 18 19 AND DULY ;%DOPTED by the Board o~ County Corn.missioners cf cellter County, Florida ~his day of __, 1997. ATTEST: L~WIG¥{T E. BROCK, Clerk By: Deputy Clerk BOARD OF COUNTY CC~ISSIONERS COLLIER COU~r~-Y, FLORIDA TIMOTHY L. HANCOCK, Chairman Approved as ~o form and legal sufficiency: __~. ) Assi.~ta~t County At%orney ~h~rds ~-~4~--~-J~.--~3h are deleted: words ~i~rl~l~ are added. UL ~ ~' ItSXECUTIVE SUMMARY PETITION NO. DOA-9?-I, WtLt.I,MM R. VINES OF VINES & ASSOCIATES, INC., REPRESENTING PELIC,~Uq :~;'I'iC'-MN'D DEVELOPMENT CORP., REQUESTING AN AMENDMENT TO DEVF-LOPME~rr ORDER 9q-l, AS PREVIOUSLY AMENDED BY DEVELOPMENT ORDER 90..7, !/YEVELOPMENT ORDER 95-4, AND DEVELOPMENrT ORDER ~6-3 FOR PELICAN STRANI') DI:.VI!I.OPMENT OF REGIONAL IMPACT (DR/), PREVIOUSLY FLAMED REGENCY VILL.2;GEi OF NAPLES DEVELOPMENT OF REGIONAL IMI:'ACT (DRI); BY AMENDING FINDINGS OF FA.CT; BI,' MODiFYTNG ACREAGE'S AN[) [.AND USE E:'~i'ENSITIES; AND tlY AlvlENDING CONCLUSIONS OF LAW; Al,q) GENERAl. CONSIDERATIONS; FOR PROPER':'Y LOCATED AT THE NORTHWEST INTERSECTION OF IMMOKALEE ROAD (C.R. 846) AND 1-75 IN SECTIONS 18 AND 19, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIE:~[ COL:WI'Y, FI.OR'FDA. OBJECTIVE: This petition seeks to arnend l:t,e i?elica'~ Strand Deveiopmcnt of Regional Impact (BRI), Development Order made necessary by th.:. petition¢~.'s desire to increase the number of authorized dwelling units, change the iF?es and amount of commercial land uses, and to replace the Master Plan. CONSIDERATIONS: ~e revisions to the DR/De,~elopment Order reflected by this pctition make this change a subslantial deviation requiring fuhrer Bevelopraent of Regional Impact analysis. The substance of the changes that triggered further DR/ analysis, .'.nd therefore a revision to Development Order stipulations/ conditions and description of the sco,',e of authorized uses result from increasing thc number of dwelling uni',s from 680 to 1,200 dwelling units, and from revising the distr/bution of approved c(;mmercial development intensity. T~e Application fo~ Development Ar. proval (ADA) fcc. used upon transportation systems impacts rea;ulting ,er. om the increased I{,¥t'.l of de't,elopment. The SW. RPC dete"nnined lhe ADA to be sufficient, and on June i9, 1997 the Regional l:=lam,.ing Council apFrvved of the increase in ~he number of dwelling milts ;md distribution of' commercial inl~sity on condition that certain rec. omm~dations be included in the amended D,ve[o;pmen~: Order relative to Trantrportation, m'~d the atldition of a new paJcagrapl' on Solid Wasle~'Haz~trdous ~ as~eqv~edicai Wa.sro. The a.,n.~.~ded Development (~,-der coa*.,t,.m~ ~11 th,'. r~r. omm,adatiorrt of the Region,1 Cotmcil~ approval r,:r~n. Additionally, the DR[ D,~vel{>~.,ncmt Order incorporates by mf~ence the most recemly adopted Pc~.ic,xn Sir, md PUD D,.~cumcnt and Master Plan which adckesses issue.~ that make the PUT> consistent v. rit:h ~e Collier County G~'J~', Cartel r..)¢velopmenl Code requirmnel~*.s and sound la.nd use planning practice and development stand'..rrg~. JUL g g ICJ[t? . The Collier Comity Plarming Comntilsion heard this petition at their public hearing on .]uly 3, m'~ unanimously recomme,aded approval of thc amended Development Order. No pcnon spoke or oth~-m4se conmmmicated m~y objection to the approval of tb"s petition. No persons spoke or othe~4se communicated any level of objection to approving the DR1 Development Order mnendmtmt I~ the Pelican Strand DRi. PI.~kNNING COMMISSION REC()IVlMENDATION: The Collier Courtty Plannir~.g Comm:issior: ~ecommemds approva! of Petition DOA-9?-I an a.mend.~ Development Order for the Pelican St:~,nd DRI/PUD a.s described by the amended Development Order Re~>!ution and Exhibits thereto. DATE P3v. VIE'WEt~ B'Y: DATE DATE DATE DEV. AND I~;i~glBONMENTAL SVCS. .DOA4}7-I FX SU)vl. MAKY/n~d AGENDA ITEM 7-G MEMORANDUM TO: FROb1: DATE: RE: OWNERJAGE?fr: Agent: COLLIER COUNTY PLANq'4ING COMMISSION COMMUN511"Y DEVELOPMENT SERVICES DIVISION JUNE 11, 1997 P;ETITION NO: DOA-97-1, PELICAN STRAND Mr. William R. vines Vines & Associates, Inc. 800 H~rbour Drive Naples, Florida 34103 Pelican Strand, LTD 10621 Pdrpon Road North, Suite 1 N,:ples, Florida 34109 (Principals David Mobley & Paul Hardy) REQUESTED A~!QN.' This petition seeks to am~.:nd the Pelican Strand Development of Regional Impact, Development Ordcx for the purpose of [n~:reasing the number of authorized dwelling units, revising the intensity of cormnercial land uses and to adopt a new master plan. Thc Pelican Strand PUD lies nor'£n of hnmokalee Road immediately we. st of' the 1-75 fro:way (s~ location map fi~llowiag pag,:). .Thc Development Order amendment is for thc purpose of revising thc authorized number of dwelling units, the d,.'stdbufion of commercial use.~, and rtwising the Mastm' Plan as follows: 1997 MExjCO JUL 2 2 Pg. i I) n) Residential Dwelling Unit Authorization Current DRFDQ Pro¢osed DR/Am¢:ndrnent 680 1200 Commercial Land U:;es On Activity Center .~rea Retail Service 120,000 sq. fi. Offices 40,000 sq. fi. Hotel 260 rooms 120,000 sq. fi. 80,000 sq. fl. 140 rooms IH). Master Plan Unlisted Use Area Designated Areas and 680 d.u.'s and 1200 d.u.'s .S_QLrI'H~$T REGIONAi. PLANNFNG (~0UNt~IL The SWRPC heard the DRI//~DA on June 19, 1997. They approved the ADA based upon certain recommendations which have been incorporated into the amended Development Order. ANALYSIS: Pelican Strand was initially ,.pl;row:d namely as Regency Village of Naples PUD/DRI. The changes reflected by this petition, ;m increase in authorized development in terms of dwelling units, and redistribution of commercia'l }and uses is of such mag;rfitude that under Florida [.aw relative to Development of Regional Impacts ~)RI) makes this change a substantial deviation requiring further Development of Regional h'npact analysis. It should be noted that a recent amendment had the effect of adding 375 acres of land to the original 200 acre Regency Village of Naples PUD/DRI. At the required pre-application meeting between local, regional and state officials conducted by the regional planning staff it was decided the changes reflected by this petition only affected regional trm~spcrtation relationships, and, tb~erefore, the Application for Development Approval (ADA) was required oniy to presen! a comprehensive analysis of transportation impacts, which would result in reconunendations for tr.m~l)ortation stipulations. DRI Devclopmmat Ordcr~ .arc struco, u-ed first ~.nd foremost to contain regulation that tespond to relationsMps dictated by State AdmSnistrative Rules. Specifically, those relationships and questions that an applicant is requh'ed to analyze and re'Fort on as part of thc-ir Application for Development ApprovM (ADA). In this p:~rticula/' case, given the fact that the only ADA question wMcb required analysis, and a deacription o1' impacts, w~s that pertaining to transpomtion impacts, therefore, the am~mded Development Ord,r st~ould con~n the rcconmaendafions of the Souhhwest Florida Regional Plamfing Cmmcil relative to ~anspormtion impacts, and the Developem obligation ~dth reject to those impacts. The arr~ende~ Development (h'd~ contaimq all of ~e recom~dafiom of the Region~ Pl~g Cotmcil w~ich w~ approvt~ at their me~ting of Jtme !9, 199T Ad~tion~~ De, elopr, ent Ord~ provides fbr ~,e incre~e in ~c nmmb~ of dwelling ~i~ ~m ~7~' dwelling ~i~, c:~ges in the allocation of~mmemi~ I~ ~m, md ~e m~s~ ~t~ Pi~'~ 2 [ JULg21997 An actiou to approve the amended DRI Development Order will be complimentary and supportive of the recently approv~ PUD :re:ting action for Pelican Strand. ~]7~FF RE~OMM_END_A_TI'!)Ni That the Collier County Plm:ming Coramission recommend approval of DOA-97.-! an amended D~elopment Order for the: Pelican Strand DRI as described by the amended Development Order Resolution and Exhibits thereto. Petition Number: DOA-gi-I Staff Report for July 3, 195)7 CCPC meeting. COLLIER COUNTY p!,ANNi~tTOMIvlISSION: ~ ·., .~I /,/~ ,'. MICHAEL A. DA'viS, C!:!A_I}L?vLa24 DOA~9'L I S-~A~T P,~EPORT,~rr~ DATE DATE [ --:',3 -~? D^TE Z c~ A~N JUL ~ PETITION NUMBER ~D 0A 9 ? '~. .--~l~l DATE APPLICATION FOR PUBLIC HEARING FOR PUD AMENDMENT/DO AMENDMENT COMMUNITY DEVELOPMENT DIVISION PLANNING SERVICES 8 't997 Name of Applicator(s).__PELICAN STFJ~, LTD. Applicant's Mailing Address ~uite_ 1, 10621 AirDo£t Road_J~Qr. Lh City _~j~es State .F!orida Applicant's Telephone Number: Res.: Zip :~4109 Bus.: _ 592-7344 Is the applicant the owner of the subject property? ,~ _ Yes No (a) If applicant is a land trust, so indicate and name beneficiaries below. (b} If applicant is corporation other then a public corporation, so indicate and name o','ficers ~nd ma]or stockholders below. __'.~. {c) If applicant is il partnership, limited p~nnership or other business entity, so ind¢cate and name principals below. rd) If applicant is ~;n owner, indicate exactly as recorded, and list all other' owners, if any, (e) If applicant is ~ lessee, a~ach copy of lease, and indicate actual owners if no[ indica'ted on the leaso. __._ (f) If applici~nt i~ a contract purchaser, a~ach copy of contract, and indicate ecru.el owner(s) name 8nd address below. ~ JUL22~9~7 Name of Agent VVilli___~m_~_..q. Vin¢.~ - Agent's Mailing Address State City. Firm _Vines & A,s.,~-C-r2i. Ates. In¢~. Florida .__ Zip .~ 4 !Q.~_ Agent's Telephon~' Number: Res.: Bus.: .Z62=4_!¢4 ,,- 3. PUD ORDINANCE [,lAME AND NUMBER: ~L!GA_N $TRAbJJD __Q. Ldn.~vmc. e 96-3. a ~d~J2 ~I~t-b~-B¢-s°luti°'l 9~.._484_ 4. DETAILED LEGAt. DESCRIPTION OF THE PROPERTY COVERED BY THE APPLICATION (If space is inadequate, attach on separate page. If request involves change to moro than one zoning district, include separate legal description for property involved in each district. If property is odd-shaped, submit five (5) copies of survey (1" to 400' scale). THE APPLICANT IS RESPONSIBLE FOR SUPPLYING TIdE CORRECT LEGAL DESCRIPTION. IF QUESTIONS ARISE CONCERNING THE LEGAL DESCRIPTION, AN ENGINEER'S CERTIFICATION SHALL BE REQUIRED. SECTIONS 18 & 19 TOWNSHIP 4~ ,~PJJI~ __ RANGE _26 Easl See iOIIgvvi~Lq_P_Qg¢ S .-- Address or k)cation of subject property: Northw_c~_rn_er I;75 and _ __ Does propertyo'~vnerownc°ntigu°uspr°pertyt° the sub]ect property? If so, give complete iet]a] description of entire contiguous property. {if space is inadequate, attach on separate page.) _____~Q 2 JUL g 2, 1997 NLAY, 17 1~ JOB NO. 400 LEGAL DESCRIPTION FOR PELICAN STRAND · A t'ORTION O,¢ SECT/OIlS 18 AZqD 19 TOWNS~tiP 48 SOU77~ RANGE 26 EAST COLLIER COU'hgT, FLORIDA A TRACT OF LAND ~[TUAqVED IN SECllC~NS IR AND 19, TOWNSIIIP 4~ SOUTII, RANGE 26 EAST. COLLIER COUNTY FLORIDA, SAlt) 'I'ILACI' LYING 'A/EST OF INTER~Cl'All-. '15 AND BEING MORE PARTICULAP. LY D~e.,CRIBF. D AS FOLIAIWS: COMMENCING AT '! I[E SOU'[] tWEST CORNER OF SECTION 19, TOWNSIILP 4 $ SOUTH RANG E 76 EAST AND BEING ON TIlE NORTH RJGIIT OF WAY LINE OF STATE ROUTE g46 (10ft WIDE), THENCE; NO~.TH 89D 20~8' WEST A DISTANCE OF 1890.22 i'ff' TO A POINT, TItENCE NORTlt 010D 08'21' WEST ALONG TIlE ti4 SECTION LINE A DII;']'ANCE OF 100.00 FT TO A POINT ON TIlE NORTH EDGE OF A CANAL EASEMENT AND TIlE TFtUE POLNT OF BEGINNING. ll~NCE WIFH THE NOR'Itl A/ND FLAST LINES OF CANAL EASENLE. NIS (DEED BOOK 74 PAGE 78 AND OR. BGOK PAGE 414, COLLIE~. COIJNT~~); THE FOLLOWING SIX (6) COURSES AND DISTANCES; SOUTH 89D 20'08' EAST A L31STANCE OF 750.00 FT TO A POINT, '['HENCE; SOUTH 89D 21~4" E.~ST A DISTANCE OF 267.46 FI'TO A POINT, Tl~fl~lqCE; NORTH 47D 5~'05" EAST A DISTANCE OF 26~.82 FT TO A POINT THENCE; NORTH 14D 05'43" E.&ST A DISTANCE OF 502.45 FT TO A POINT TI4E~CE; NOR'Ill 09D 2Y06' EAST A DISTANCE OF 4393§ t.l' TO A POINT, THENCE; NORTH 04D 36'19" E,~T A DISTANCE OF 6;'1.26 FT TO A POIVT, T~tgNCE; SOIYI'il ggD 26'00" F~t~T A D.ISTANCE OF 109.07 FT TO A POINT ON TI IE W:EST RIGI [r OF WAY LiNE OF hqTERSTA"I~ 15 (OR BODK 365 ?AGE 410), Tt-'~ENCE; NORT!.t 00D 36~29" FakST A DiSTANCE OF 3443.50 FT ALONG SAID RIGHT GF WAY TO A l:'O1743' ON TIiE ?tOI~:TIt LINL OF SECnON 19 TFr~'ICF.; NORTH 00D 36~Zl" ~ts'r A DISTANCE CF 1475.~6 FT ~O A PO/~T THENCE; NORTH 0(iD 36'21' £:.AST A DISTANCE OF 1190.SS Fl' TO A POINT ON TIlE EAST WEST 1/4 LI~IE OF SECTION 1 il, TI[ENCeE; NOR'IH 00D 36'21' EAST A D:Is'rANCE OF 2666.77 FTTO A PODIT TO A POINT ON UtE NOP,~I LINE OF SECI]ON II4.e~qCE; NORTH ggD 31'41" WEST A E.ISTANCE OF I13637 FT AIxONO SAID NORTH SECTION LkVNVE, TO a POINT IvL~P~G THE NOR'VIi 1/4 CCRNER OF SEC'flON 1~, TNT. NCE CONTINUE; NOR~E,q I};ltD 31'47 WEST A DISTANCE OF 2627.43 Fr ALONG SAID SE(.~rlON LINE TO A POINT lv~Mq. KINO Ttt~E NOR'IlqWEST CORNER OF SECTION 1~, 7I-LENCE; SOUTH COD 34~00' Wt~eT A DffgrANCE OF 2686.42 ~q' AlfONO Tt~ WEST LINE OF SECTION l~ TO A FOD4T ~.RIONG T}!'£ ~.__~51' !t{ CORNER. OF SEC-'q2ON THENCE CO,WTiNUE; SOUTtl 00.D ~}4'00" WF~T, AI.ONG SAiD SECTION LINE TH~qCE; SOLFI31 89D (.8r52' E=.A~Sq', ALONG THE SOUTtt LINE OF SECTION 18 dUkg21997 . A DISTANCE OF 1983.97 I:TTO A POINT THENCE; SOU'I'It 89D 09'52" EAST A DISTANCE OF 648.71 Iq" TO A POINT ON TI tE NORTH $OUTtl I/4 SECI'ION LiNE OF SECTION I ~, THENCE; SOU'Ilt 00D 21'5 ¢' W'EST ~&.ONG SAID 1/4 SECtiON LINE A DISTAJqCE OF 1715.95 Fl' TO A POIN'F, TILENC 'E; NORTH BgD 20'04' WEST A DISTANCE OF 750.00 FT TO A POINT, TItE~CE; SOU'iTt 00D 21'.M" WEST A DISTANCE OF 3505.96 l~ TO 'I]~IE ?OLNT OF BEGINNING. AND CONTAINING 574.J69 ACRES MORE OR LESS. PREPARED BY: ROGPH~JIL HARRAII LS#5294 DATE: FOR COMMUNITY ENGINEERING SERVICES, INC 9200 BONFI'A BF~CIt ROAD, sur'I'E 213 BONTiA SPRINGS, I:IX)RIDA 33923 SEE ATTACItED BOUNDARF SURVEY: JUL 2 2. 'i997 10. TYPE OF AMENDMENT: A. PUD Document Language Amendment B. PUD Master Plan Amendment _~ C. Development Order Language Amendment DOES AMENDMENT COMPLY WITH THE COMPREHENSIVE PLAN: X Yes .... No If no, =.xplain__ HAS A PUBLIC HEARING BEEN HELD ON THIS PROPERTY WITHIN THE LAST YF_AR? IF SO, IN WHOSE NAME? ~,._~,_~LK~,~L"L_~R. AND_, LTD. Re ezd2andi. Qg_ the [}rojoc_Lacreage. PETITION NO .... __DC),A-96-2 DATE ]0-22-~1996 HAS ANY PORTION OF THE PUD BEEN. NO _ SOLD AND/OR _ YES . DEVELOPED? ARE AN'" CHANGES PROPOSED FOR THE AREA SOLD AND/OR DEVELOPED ? Yes __ No IF YES, DESCRIBE: (Attach additional sheets if necessary). J2eYek~p_m¢nt of lh.e_are~L.Q~Lbeing chana~;Lb,~,J,his application is in ~r..Qcg,~s, in . ._a. ccor ;~_with all required_permits. AFFIDAVIT We, _P_.~Li(~A.N_."ST__R_AND.,..L.~_.D, . being first duly sworn, depose and say that we are the owners of the property described herein and which is the subject matter of the proposed hea¢ing; that ail the answers to the (questions in this application, and all sketches, data, and other supplementary matter attached ~o and made a part of this application, are honest and true to O~e best of our knowledge and belief. We understand this application must be completed and accurate belore a hearing can be advertised. We ~urther permit the undersioned to act as our representative in any matters regarding this Petition. NOTE: SIGNATURES OF ALL OWNERS ARE. MANDATOR/¥7.....,, .~'///"~'~" ~OBERT PAUL HABDY, Vice Agent CDC. dSP-O- I' JUL22199 State of Florida County of Collier Th~ ,foregging Aj~plication was acknowledged before me this,1__~ ~ Day of /~ r('~ __, 19~_~ by WILLIAM R. VJj~.~., who is personally known to me or who has produced ~_L~.(,~____ .as identification an0 who did (did not) take an oath. SEAL ~IY CO~ I C~1 EXP~R~5 Oc~ 5. 1997 Michel¢ Blazina (Print. name of Notary Public) NOTARY PUBLIC Serial/Commission No. My Commission Expires: JUL 2 2 1997 Z _1 W OSTATE OF FLORIDA DEPARTMENT OF: COMMUNITY AFFAIRS DIVISION OF RESOURCE PLANNING AND MANAGEMENT BUREAU OF STATE PLANNING 2740 Centerview Drive - Rhyne Building Tallahassee, Florida 32399 DEVELOPMENT OF REGIONAL IMPACT APPLICATION FOR DEVELOPMENT APPROVAL UNDER SECTION 380.06, FLORIDA STATUTES PAR'[' I. Application Information i, WILLIAI~I R. VINES;, the undersigned authorized agent of PELICAN STRAND, here proposes to ur~dertake a Dew~lopment of Regional Impact as defined in Section 380.C Florida Statutes (F.S.), and Chapter 28-24~, Fl:~rida Administrative Code (F.A.C.}. In support thereof I submit the following informati(~ concerning PELICAN STRAND, whi information is true and corre:ct to the best ~y krf&~wledge. Date Authorized Agent Owner/Developer (narne, address, phone). State whether or not the owner or develope authorized to do bu.;i~ess in the State of Florida pursuant to the provisions of Chapter 4( Pelican S~rand, Ltd. 1061 Air.port Ro~d, No., Suite 1 Naples, Florida 34109 941 !59~..7344 'rh9 ow;3e~/devslope~ is authorized to do business in the State of Fiori~a pursuant to provisions of Ch=pier 407, F:.$. Atrth¢~rized Agent and Consultants (name, ~ddress, phone}. Wil;iam R. Vlne~, AICP V~n~s &, ~$ocl~ta=, Inc. 800 Hard,our Drl~te Naples, FL 34103 941/262.4164 AG E N 0.~ IT F...,M JUL 2 g 199 PI. __~' . Jamss f4. Banks, P.E. Southw,~st Transporta[[on Engineering 1342 Colonial Blvd., Suite 31 Ft. Myers, FL .33907 941 I2..7 t~',-3090 Ra~, Ann Boyia~l Boylan Environmental Cor'3ult~nts, Inc. 10231 Metro Par~,way, Suite 202 Ft. Myer:~, FL 33912 941/418-0671 Attach a notarized authorization from 811 persons or corporations {or authorized agents said persons or corporations) havi~g fee simple or lessor estate in the si're indicating tt each o[ these parties is aware of, and concurs with, the development of this property described in the Application for Development Approval. Include the names and eddre$: of all parties with an interest in the property. In addition, include descriptions of any otl properties within one-half mile ~*adius of the DRI site in which any of the parties with interest in the DRI site hold ~ fee simple or lessor interest. Attach~d. Attach a legal descripti,=n of the development site. Include section, township and rang, ,~.tt~ched. Have you requssted ~ binding letter of interpretation of DRI status or vested rights, cleara~- fett6r, agreement or preliminary development agreement from the Department of Commun Affairs? If so, what is the curr~nt status of this deterrninstion? [No. St~ff of the Sou~thwes= FIor!d~ Regional Plar~nlng CouncJ! has deteCmlned that tJ application constitutes. ~ Sub.a;tandal Devi~tior~ from the peer|gully approved DRI. LJ~t all local govemrnent,~ v~dlh jurisdiction over the proposed developrr~nt. Cailler County. 6 8. List all agencies (local, state and federal) from which approval and/or a permit must be obtained prior to initiation of d9velopment. Indicate the permit or approval for each agency and its status. Indicate whether the development is registered or whether registration will be required with th~ Division of Florida Land Sales, Condominiums and Mobile Homes under Chapter 478, Florida S~a~utes. Indicate whether the development will be registered with the H.U.D., Division of Interstate Land Sales Registration or with other states. PUD Amendment: Being processed. Site D~v[~lopment Plan: Approved in part; being processed in part; not yet applied for in part. Golf Course Construction Plan Approval: issued in part; not yet applied for in part. infrastructure Construction Plans Approval: Issued in part; not yet applied for in part. Building Permits: Not yet applied for. Surface Witter Management Permit: Issued in part; being processed in part. Wetland Impact Permit: Being processed. Protscted Species Managament Plan approval: Approw;~, PART II. GENERAL SECTION QUESTION 9 - MAPS Agenerallocation map. Indicate the location of any urban service area boundaries an( regional activity cent, ers in relation to the project site. 3*he location map i:~ ~ocated in the upper right hand corner of the PUD Master Plan. Aland use map showing existing and approved uses on and abutting the site. The use shown should inciude existing on-site land uses, recreational areas, utility and drainag easements, wells, ri(iht-of-way, and historic, archaeological, scientific and architecturall significant resources and lands held for conservation purposes. The subject lands are vacant, although development of the initial 18-holes of golf is i process as is lake excavation and infrastructure installation, all in accord with previousl issued permits. The in-process developmental activities conform to the attached PUl Mas~er Plan. MapH. A master development plan for the site. indicate proposed land uses and location., development phasing, major public facilities, utilities, preservation areas, easements, righ~ of-way, roads, and other significant elements such as tcansit stope, pedestrian ways, otc This plan will provide the basis for discussion in Question 10-A as well as other question {n the ADA. The Pelican Strand PUD Master Plan is attached. Iv~p j. A map of the existing highway and transportation network within the study area. 'Th study area ir~cludes the site, end locations of all transportation fec'.lities which ar substantially impacted. This area should be finally defined on the basis of the findings c the traffic impact anaiysis, including determinations of where the criteria for a substanti; impact are met, Map J will become the base for the map,~ requested in Question 21. Map J is an integral part of the response to Question 21. 8 JUL 2, 2 1997 'L ,[ Describe and discuss in general terms all major elements of the proposed development in its completed form. Include in this discussion the proposed phases (or stages) of development (not to exceed five years), rnagnitude in the appropriate units from Chapter 28-24, F.A.C., where applicable, and expected beginning and completion dates for construction. The Pelican Strand project lies In the northwest quadrant of the immokalee Roadll-75 Interchange. It is 574.6 acres in area, the southerly 30 acres of whtch constitute the entirety of an interstate activity center which the Collier County FLUE designates as eligible for a mix of commercia:l, transient residential, andlnstitutionaluses. The remainder of the project area is eligible for residential and accessory uses. Pelican Strand is planned as a mixed residential and commercial DRI/PUD which will incorporate a 27-hole regulation length golf course. The project wa:$ initially approved in 1985 es a 200 acre project named Regency Village of Nap[es. No development was initiated prior to the 1995 acquisition of the property by Pelican Strand, Ltd. la 1996, Pelican Strand, L~d. acquired 376 adjoining acres; expanded the project master plan; expanded the previously approved executive length 18-hole golf course to a full size ragu:arian 18-hole golf course; secured PUD and DRI Development Order Amendments that enlarged the project area to the current 574.6 acres; identified 181.5 acres of the newly acquired lands as "future development"; changed the project name to Pelican Strand; and began development of (he project. This application identifies the developmont planned to occur tn the 181.5 acres prev!c,.=s~.y identified as 'future development', ~md ~djusts the maximum development intensity which is to occur in the several DR1 land use categories. Tho application seeks to add 9 golf holes t~, the previously approved 18; to increase the maximum permitted number of residential units from 680 to 1200; to meintaJn the previcusly approved 120,000 sq. feet of ret,~il/service floor area; to increase the previously approved 40,000 sq. feet of office floor area to 80,000 sq. feet; and to decrease the previously approved 260 hotel roomsto 140 rooms. During the previous DR[ I)evelopment Order and PUD Amendment approval proce.~s, environmental information pertinent to [he current application was provided and determination of required environmental commitm~ent'.-, occurred. The required environmental commitments will be incorporated in th~. dave:lopment order and PUD amendments which wlil result from approval of this application. The Pelican Strand, Ltd. development organization intends to construct the golf course and c!ubhou~e; instal~ ~li of tim project Infrastructure; and market fully serviced, ready-to-develop s[n~ile famii~ homesites, multi-f~lmily tracts end commercial tracts for development by others. Prcjact development witl occur in two phases. Phase One i,3 in process and will consist of the first 18-hole golf co~.rse, tho clubhouse, and inst~lla'don of all of the bs.,dc infrastructure, roads, utilities, etc. between fl~e project entrance at Inlmokslee Roac The 30 acrs commercial area Is being prepared for marketing of ready-l; first development phase is programmed to be completed by mid-1 of the additional 9 golf holes and all of the basic infrastructure not in 9 Phase Two construction will begin when Phase One construction is completed and is expect~'~d to be concluded by the middle of the year 2000. Pre-development marketing o~1~ comma, roSsi and residgntiai sites to end developers is underway. Build out of Phase One expected to occur about mid-2001. Build out of Phase Two is expected to occur about mid- 200.",. Provide a breakdown of the, existing and proposed land uses on the site for each phase of development through completion of the project. The developed land uses should be those identified in Section 380.O651, F.S. and Chapter 28-24, F.A.C. Use Level III of Th~ ,l:lorids3 J,,~_d_U..~.~ and Cover C!itssi_~n System: A Tech_n_ical Reoor[ (September, 1985}, available from each regional planning council. Refer to Maps D (Existing Land Use} and H (Master Plan). Use the format below and treat each land use category as mutually exclusive unless otherwise agreed to at the pre-application conference. PROPOSED LAND USES Co Briefly describe previous and existing activities on site. Identify any constraints or special planning considerations that these previous activities have with respect to the proposed development. Developmental activities begum on the site in late 1996, The bridge/entry road from immoka;ee Road across the Immokalee Road Canal has been completed; lake excavation and golf course development is un~;arway; utility and related infrastructure installation is in- process. All activity i:; occurring in accord with previously approvedpians end previously issued permits. Do If the development is proposed to contain a shopping center, describe the primary and secondary trade areas which the proposed shopping center wiii serve. As intended by the C:ollJer County Growth M~nagement Plan, the 30 acre commercial development wili function in larg~3 part as a shopping center which will ~ccommodate residents of th~ northeasteH¥ portion of the coastal urban sn~,t urbani; function ~ts a convenience sec'vice center for rnotodsts on Irnmo regardless of the location of those motorists' residences. 10 JUL. 221997 f Describe, in general terms, how the demand for this project was determined. The project location Is within an area which is rapidly urbanizing, which urbanization provides abundant evidence of the demand for residential, commercial, and recreational land uses. Access to tho project is excellent, and the full range of public services have been extended to and are ~va[lable for s.arvicing of the project. Demand for the project is further evidenced by the successful pre-developrnent marketing of commercial and residential tracts which has occurred and is actively underway. Part 2 Consistency with Comprehensive Plans Ag Demonstrate how the proposed project is consistent with the local comprehensive plan and land development regulations. Indicate whether the proposed proj~ct will require an amendment to the adopted local comprehensive plan, including the capital improvements element. If so, please describe the necessary changes. Tile Pelican Strand project is fully consistent with the Collier County Comprehensive Plan and Land Development regulations and has been so determined during the previous DRI Development Order and PUD adoptions. Commercial development within the project is to occur within an inter.,;tate activity center indicated on the Collier County FLUE, which interstate activity center is designated for commercial and related development. The residential and golf course components of the project are to be developed within the FLUE designated urban residential area, which provides for a maximum residential development densit~ substantially higher than that which is proposed within the Pelican Strand project. No local comprehensive plan amendment or capital improvement program element amendment will be n~c~:ssit~ted by development of the Pelican Strand project. Bo Describe how the proposed development will meet goals and poiicies contained in the appropriate Regional Comprehensive Policy P)an. The Regional Comprehensive Policy Plan goals are either accommodated in a positive way i]y the Pelican Strand proj*.;ct or, in those Instances where tho goals are not applicable to the project, the project's irr~pact o;I the goals wiii be ne[;tral. . Describe how the proposed development will meet goals and policies contained in the State Comprehensive Plan (Ch.apter 18;7, F.S,), incl~din§, but not limited to, the goals addressing the f~llowing issues: housing, vYater, resources, ,~aturai systems and recreational lands, land use, public faci~ities~ ~r~nsportation, and agriculture. The following objectives excerpted item he State Land Development Plan have relevance to tho Pelicar~ Strand Development of Regional impact. Objectives the project ere not listed. JUL 11 I ' "'' ~! "' State Comprehensive Plan Obtecttves Availability and affordability of housing. Safe and secure citizenry. PelJ,c~.O_~tr ~ n d Co~gli~nc~ This residential/golf course community will not accommodate Iow-income housing. Pelican Strand lies outside the hurricane hazard zones and will provide shelter opportunities tar County residsnts within the hazard zones. Protection of the water supply. Pelican Strand will be serviced by the Collier County water and sewer system and will utilize reclaimed wastewater for golf course irrigation when made available by Collier County. Protection of water resources. All required water resource permits will be obtained. Protection of natural systems. All project wetlands will either be incorporated in perman~.nt preserves or will be modified in accord with all applicable permits. Protection of endangered species. Appropriate field information has been assembled. Determination of required species protection activities have been made and will be incorporated in the Developmerr~ Order and PUD documents. Land management and use. Full compliance with the State approved County comprehensive plan will occur. Improving eir quality. Full compliance with applicable air quality standards will occur. Efficient use of energy. Full compiiance with applicable energy effectiveness standards will be employed in the construction of all new buildings. Waste water and solid w~ste treatment disposal. Pelican Strand will ho serviced by the Collier County waste water and aolld waste treatment and disposal system. Environmental protect;on. Pelicazi Strand will accommodate all applicable {,nvironmanta! 3tendards and permit requirements. 12 State Comprehensive Plan Ob~ ....... Protecting property rights. Natural resources preservation. Strand Co mDliiLn_c,_e. No property rights issues have arisen during the course of planning and plan approval of the Pelican Strand project. Pelican Strand will accommodate all applicable natural resource preservation requirements and standards D. UES'[iO__~ 1 1 - RE._V_F...NUE GENERATION SUMMARY Ao Project the funds anticipated to be generated by thepro!ect. This projection should include any source or use of funds which could nave any reasonable connection to the proposed development. The land purchase price was $13,000,000. Soft costs (professional fees, bank fees and interest, government~ll fees, etc.,) infrastructure installation and associated site improvements, golf cou~rse development, country club facilities development, and information center development Is estimated at $36,000,000. Cost of building out the residential and commercial sites by ,;there is estimated at $219,000,000. Total project development investment is estimater:l to be $268,000,000. QUESTION 2_0 -:[;_O.J~J2_~_/ASTE/HAZARDOIJ$ WASTE/MEDICAl. WASTE o The applicant shall provide letters of commitment from Collier County and the applicab[e franchise hauJer, showing ability ~.o serve the project's waste needs. The letter of cornmitrnent follows this p~ge. The applicant shall inc:orpor~.te thc solid waste demands of the project into the County solid waste management program end explore possibilities of extending the life of the landfi[I by reducing the solid waste volume with practices such as conservation, recycling, trash compactio;,, and mechanical shredding. The project ,~hall be bound by a!l applicable recyclin§ requirements in effect in Collier County at the tin~ of development. Any business located within the Pe~ican Strand Development which generates h~zardous waste, shall be responsible for the temporary storage, siting and proper disposal of the hazardous waste Get, crated by such businesses. However, there should be no siti.g of hazardous w~ste storage facilities contr~y to Zoning Regulatio.s. · JUL ~ [ 1997 13 , P~. _.~ COLLIER COUNT[ GOVEStNMENT PUBLIC WORKS DIVISION SOUD WA~H'E DEPARTMENT March 5, 1997 3301 E. TAMIAMI TRAIL HEALTH/COMM. SERVICES BLDG. NAPLF. S, FL 33962 (941) 732-2508 William R. Vines Vines t~: Associate:; Inc. 800 Harbour Drive Naples, Florida 34103 Re: Pelican Strand DILl Dear Mr. Vines: Regarding the Pelican strand DKI and its impact on the County's ability to provide collection and dispc,sal services. Please be assured that our planning recognizes the growxh and develol;ment ttu'oughout the County. Solid waste services will be adequate to provide collection and disposal for the Pelican Strand project. Ir'you have further questions please do not hesitate to contact us. David W. Russell, ~,ir~tor Solid W~te Management Department DWR:ad 13.a Any buildings where hazardous materials or wastes are to be used, displayed, handled, generated or stored shall be constructed with impervious floors with adequate floor drains I~)ading to separate impervious holding facilities wh;ch are adequate 1:o contain and safely facilitate cleanups of any spill, leakage, or cont,3minated water. Generation and di$cha~rge of hazardous waste effluer-t into the sewage system shall be prohibited unless approved by permit issued by the Florida Department of Environmental Protection. .Q..U.[,~TION 21 - TRANSPORTATIOhl Attached as a separate document. If the development ccmtains residential units, estimate the number of school age children expected to reside in the development. Use class breakdowns appropriate to the area in which tl~e development is located (specify on chart below): Collier County school .,~taf[ requested that the developer estimate the number of families who will occupy ths Pelican Strand project who have school age children. It is estimated that whorl development ct' the Pelican Strand project is complete, there will be 155 homes in which school age children reside. 14 JUL 2 2, ' 997 · ,.,..R..5' INTRODUCTION On February 20, 1997, the Southwest Florida Regional Planning Council approved the following staff recommended DRI-ADA submission checklist. 'The following application conforms to the inlormational requirements set forth in the approvad questionnaire check list. Regionally Answer S~gnific~nl ltcquired Special Question No. SlIJIj'~:I Y/'N Y/1NI NoIe ~6RT IL ~EttAL SE(~O~ ~. MAPS ~ To All A. Site Locatitm Y B. Aerials N C. Tol)ogralfl)y N D. Existing l..~ml Usc Y E. Soils N F. Vegetal. inn N G. Trapsccts (l'!ants/Animals) N II. ~s~cr Developmenl Plnn Y I. M~slcr DraiHagc Phm N J. 'Fr~,si~r~aliotl Y lO. GENEILAL !'I'~,O.IEC'I'' DESCI,'.IPT1ON Y Y Part I, A-E . Specific I'rojcct DcscriplioR Y Y Part 2, A-C Cunsislency will; Comp. Plan Y Y Part 3, A. DcmograHhic & Emplo..~}lent N N Pa~l 4, A-B In:pacl Summary N N [ I.A. REVENUE GI2NI'~H. ATION SUMMARY Y Y Provide only total cost or project constr~,ction 12. A-E VEGETATION &: WIt.DUFE Y N A~ in NOPC 13. A-B WETLANDS Y N SWFRPC i 3.B. I N JUL2[19~7 ¢ · ?~o ~ 15. A-D SOILS N N I ~. A-D I:I. OODI'I,AINS Y N I 7. A-H WA'i'ER 5UI'I'LY Y N 18, A-£ WASTEWATER MANAGEMENT Y N 19. A-E S'['OIUVIWATEI{. MANAGEMENT Y N Answered in previous NOPC (Also s¢'e FGFWFC Guidelines~ N 20. A-C SOLID WAS'FIb'IIA2L~IUJOUS MA'i'EI~.AILS Y N Commit to sland~rd SWF~C conditions PART IV, ~ HS !'O ~[6.~J~SOU~~ 21. A-I ' TRANSPOR'FATION y y SWFRJ'C.A-I y 22. A-E AIR B N SWI:~ N ' 2~ A-C I IURI(ICANE I'REPAI{EDNL~S N N Nol within vulnt~bili~ SWFiki:C. i-J, lfOnsitt Shelters I-3. N 24. A-C ~ lOUSING N N 25. A-B POL!CE & FIP~E N N 2li. A-E i(ECILEA'FiON & OPEN SPACE N N duL ~ ~ IB~7 Rcgio~,,lly Answer Significant Required Special Question No. Subject Y/N Y/N Note 2'/. A-C EDUCATION N Y Provide only number of students. 21~. A 11 'EAJ.'I'I I 29. A-D ENERGY SWFIU'C. A-R 30. N N N Already in DO. i lISTOItlCAL & AF, CI IAEOLOGICAL N N Letter provided finding no sites. ~ $1'EC!FiC L) I..~LJ N F(j~J. glX LNI 10 ~_ 3 I. A-F AIIU'OItTS N!A N/A 32. AoC ATTRACI'IONS & I(ECIU~A'I'ION FACILITIFu~ NiA N/A 33. A-C I IOSI'ITAI.,S N/A N/A 34. A-D . INDUSTRIAL I'LANT$ & I'ARKS NIA N/A 3.5. A-J MINING Ol'til(fiTION$ 36. A-D i'E'i'ROLLUM SI'OR^GE FACILI'iII.:.$ NIA N/A 37. A-i-I PORT & MARINA FAC!LITII:'~ N/A N/A ] 8. A-C SCI IOOLS N/A revised 4 JUL 2, 2, 1~7. Southwest ~Florida Regional Plan.~hag Council ~98,0 Baylln¢ Drtx~e, gth Floor, N. ]~c ]ffyex~, FL 3391%$909 (941) 656-7720 June 23, 1997 Honorable John Norris Chairman Collier Cmmty Board of County Con'~tnissioners 3301 East 'I'amiami Trail NAPLES, FL 33962 PLANNINr: S Eib. Vi ,'-~ RE: Pelican Strand DRI, Substantial Deviation Application Assessment. Dear Chairman Norris: On. Thursday, J~me 19, 1997 the Southwest Florida Regional Planning Council (SWFRPC) adopted the following staff recommendations as the SWFRPC's official recommendations regarding the above-referenced Application for Development Approval (ADA). As stated in tt:e recommendations, the Council E.ax authorized Regional staffto undert~=&e ti',e follov, Sng action.s: The Southwest Florida l~.egional Planning Council recommends .C, fgldl.tJ~.ll~l Appi~_Y.~ fi>r the Pelican Strzmd Sub,:t~ntial Deviation DR1; ~aid approval to be further conditioned on ~, £mdiug of Consistency with ~,he Local Goverrgnent Com~ehen~ive Plr, n by the Collier CounD' bo~d of Count), Commh:sionera. Please contacx either myself, or Dan Tre,cott, DR] Coordinator, wit,5 any questions or commen~:s regvxding the Cotmcil rccon~ncr:r.k'ttion~. Sincerely, JUL 2 2 1997 Southwest Florida Regional Plaxming Council ¥-.~80 Bay. lint Drive, 4th Flo~', N. Ft. M.vt:r~, FI, ~LB917-3909 (9~1) 6F:W~-77~I[ P.O, t$~ 3485, N. Pt M/t~s, FL 88918-3466 S'rjNCOM 7~9-77l~0 FAX 9~1-686-772~ J~e23,1~7 The Honorable John Norris Chairman Collier County Cormnisaio~ 3301 East Tamiami Trail Naples, FL 33962 PLA;':;qi~.;~ ,~ E.R¥ IC£S RE: Pelican Strand Substantial Deviation, DR/$03-9697-138 Dear Chaimmn Norris: 7~¢ purpose ofthi~ letter is to notify Collier County tMt d~e Southwest Florida Regional Plannin8 Cixa~ bas o~ciaE'y adoFtc~i the eo, r. lo.~xl ~ for tN:: 'Perle. an Strand Substanti~ D~Mutio~" Developmem ofR~gionaI Imp~t. Copies of the oftici~l as,~t are being transmitted to £k~llier County, t.h~ Florida Depamnent of Commtmity Affairs. the: Florida Department of Transpart~ion, ·nd the applicant's Thc o/Edally :Aopt~ a.,~v'~...~.~em h inter, deal to ~ C~ C~ ~ r~cNng a d~on v~ tNs De/~opm~t ofRe~on~! ~pt~. 3~e Co~'s ~o~ ~ ~ r~~om ~ ~ on fl~ gold ~g~ offf/~ ~mmt, p~g~ 1-3. Ch~ 380.~14Xc), F~ ~ ~ ~ the r~md~om ou~ ~ tN~ ~n ~e ~fi~ ho~, tim Cound{ ~ ~i~: t~ d~on~ of how ~e ouO~ re~orml ~ are to ~ ~fifi~y ~&~ M ~ ~r.~ Thc Com'~cil ,.md~ands tl'.sI the CoZer Cot:m:/Public Heari~ for "Pelican Sirand Substmlial l.~--viation" h~.s bom ~ for J'dy 22, 1997. Chaplet 380.06, i!l~.Ii~.itlla~ r~quire~ tl'm kxml 8ovennneras ,-et, tier ~ dec. ex: cm D.wd~a~ of Regional In.pact w~hln thia, y gay~ m'ter th~ DRI public hearing is held. Copies of any 'h~cremeaxl~l De~opmo~ Or&x" or perrnils irked to th~ ~pplicmat by C..olJi~ Co~.mty r..%xardinl~ thi~ preject nm~. be providM to the South'~zt Flodcta Regional Pla:ming Counc.ql and lhe Flofid~ LMpartment of ConmmNty Affaira. JUL 22 1997 TO: PAGE: DATE: RE: The Honon~ble loM Ncrris 2 June 23, 1997 Pelican Str~md Substantial Deviation, DRI #03-9697-138 In order to comply ~th the 45.<L~y app~ t~riod sp.~ifM in Chapter 3S0.07, Florida Sta~tei. please provide the L~ued DRi-Development Order to the Southwest Florida Regional Planning Council ~t lea~t two weeks prior to it,.~ ~ch~uled mont~fly mecCaS, which o,'.a:u~ the tl~ird Thursday o1[ every month. Sincerely, RIDA B.EGIONAL PLA2,,tN~G COUNCIL WED/db Enclosure Ass s's NT . lB,Il'ACT :. ,- ,.,'"" " -. FOR ~ ' ~." ~ ' . ",:. *' '-,-~'"c ~ ~..-;~. "- -. PELICAN S FRAND SUBSTANTIAL ' I EVIATION . . .:. ...-, . .. ' ~.~]~ '"~"'- ../,:.:..,~.: .:,,. .,-' , ,,...- ~ ':.'. :. ...?.;.~:.- - ..~ . ~:~":' a.'~,'..:-' .- 03-9697-138 ', "-' ~ ~-' ~'~'.'.:-,.5;~.::?'.~,~,' .9. :'~":...,?',~'~4~.:,~'.-';..¢~',~ ,. ~) is I~nt~ m a~ 375.3 acr~. A N~ of'~ (~e p~ ~ ~ ti ~e~ O~y man B~ e~F~ ~iB¢ ~ ~:~-- ----' ...... ' ' me~ia~u~by5~l~t~,~) 1~ 3~ s' .- . · .. . . _ ...... . . . ( ~le f~y ~ 815 muIn-f~ly), ~ ~ '"~,, ' ' ~ - - -- ' . ' . - .... ~ , ~.. ~,~.m~.. "...'~ ~zv.~. 1' ~,n~ ~k .... SWFRPC'S OFFICIAL RECOMMENDATIONS DE¥"ELOPMENT OF REGIONAL I]VIPACT ASSESSMENT FOR PELICA~t STRAND SUBSTANTIAL DEVIATION 03-9697-138 JUNE 1997 Southwest l~ori~h~ Regional Planning Count 4980 Bayiine Dlrive, N. Fort Myers, Florid~ JUL 2 2 1997 SOUTH~tF. ST FLORIDA REGIONAL PLANNING COUNCIL MEMBERStIIP CHAF~UMAN .................................. Commissioner Kenneth "Butch" Jene~ VICE C~ ..................................... Commissioner John Noms SECRETARY ............. :-_ .................................. Mr. John Urban TREASLrRER ........................................ Co~mcilman R/chard Bashaw CnaA~X COIJ .I'ER COUNT~ Commissioner Frank Weikel Commissioner Adam Cummings Mayor Wilham R/chards Mr. William K Russell Ms. Sue Dudley Commissioner Timothy J. Conammtine Commissioner John C. Norris Councilman Fr~ Sullivm Nfl'. Dick Klm Mr. Robert L. Duane HENDRY COUNTy Commissioner Kenneth S. Jones Commissioner Robert Giesler Councilman K. Gerry Harris Ms. Nancy Shore Commissioner Ann Fus~ell-How~d Commissioner Charles M. Martin~. Commissioner M. Franklyn Jones Mr. Henry L. Betmett I,EE CO_UNTY ~.~& RA.qOTA Cf}ITNTY Commissioner John Albion Commissioner Jolm Ma~rming Cotm¢ilmim Kevin Dams Councilman Richard Bashaw Rev. Israel Sum'cz Mr. Carl SrJpes Corranissioner Shannon Staub Commissioner Jack O'Neil Comm/ssioner Roy E. HalL, Sr. Mayor Merle Graser ~,Lr. lohn Urban ('Vacant) SOUTHWEST FLORIDA REGIONAL PL~,NNING COUNCIl. START WAYNE E. DALTRY ....... EXECUTIVE DIKEC'I'OR DAVLI) Y. BURR .......... PLANNING DIRECTOR DAVIT) E. BRUNEK .............. LEGAL COLrNSF~ Glen H. Ahlert Path Arrnbra ~er Ck, trles Batmby D~ise BaytJss Betty Bursiek Rick Cml>enter Glenn E. Heath Deborah A. Holly Tifi~my Lutte~'man William McC~rsth David Motchd Jame~ E. Newton, II Xiochtn "Dawn" Qiu Mmmeen Swemon Daniel L. Treat, orr Meliasa Upton Charle~ Waddingtoa, III Timothy WPfiker Po~ ~ Box 3455 North Fort ~ FL 33918-3455 (~qtl) 656-'7720 -or- S/C 749-7720 FAX # (5~i) 656-7724 -or- S/C FAX # 749-7724 A~c.. '~& JT£ JIJk 2 2 1997 PRIMARY STAFF FOR PELICAN S'I'RAI~ SUB,$'fANTIAL DEVIATION DILl REVIEW Coo~- ~ L. Tn~.cc~ Co~cy with the Ix:~e,xl Cotnpreher~ive PI,an - D~aiet LTre:~a~ T~rt~fio~ - ~ ~olid, Hazardo~ ~d Medical '~t~te - John Cn"obom Secretary - D~.L~ Bayl'~t.na JUL 2 2 1~37 A~¢ ITl JUL 2 2 1991 ,rNT~Ot)U~ON The 574.6 acre Pelican Strand Substantial Deviation Development of Regional Impact (DRI) is located in unincorporated Collier County at the northwest comer of 1-75 and Immokalee Road. The Peli -can Strand (formally Regency Village of Naples) DRI was originally approved by Collier CounD' on February 13, 1990. On October 22, 1996 Collier County approved an amendment to the Development Order (ID()) to add 375.3 acres. A Notice of Proposed Change process was uso:t to add this land which included no new units mad thus focused on environmental issues only. Therefore, environmental issues will l~ot be part of this staff assessment only than to clarify specific recent permitting requirements. The Appli~tion for Subszsmial Deviation Approval proposes to add 9 golf holes to the previously approved t8 holes, increase the residential units by 520 from 680 to 1200 (385 single famiIy and ?'5 multi-family), maintain the previously approved 120,000 sq.ft, of retail, incre~ase the: office by 40,000 sq.ft, fi.om 40,000 sq.ft, to 80,000 sq.fi, and to decrease the previously approveaJ 260 hotel room to 140 rooms. The golf course with buffer is now 203.3 acres, preserve areas total 82.8 acres, lakes total 73.7 acres and road fig.hr-of-ways total 26.3 acres. Tra,'xsportation is the primary subject of this staff assessment because the above discussed changes affect region~l roadway. However, as concluded in the transportation recommendations of this report less regional impacts on the road network will occur than required in the original DO. It was determined at the preapplication meeting that existing DO's regional conditions for all previously identified regional issues as still applicable except for transpo;aation. Pro}eot buildout will continue in a single phase estimated to occur in 2002. The 5mpact assessment for Pelican Straud Substantial Deviation DRI/ADA lxas been prepared by. the Southwest ~orida Regional Planning Council as req,~ed by Chapter 380.06, Flo~ta StatuL~. The DKI assessment is largely ba.~ed on infbrmation supplied Lq the ADA. Addifiomd information was obtained by c. ontacfing 1oc23 officials, cortsulfing official plans, and by reviewing repons related to specific ksues in the in, para a&.,,essmenL Collier County staff' review comments and recorru'nendations were integrated into various eleanents of the asse. s~aamt. The traaspoctation element was reviewed by the Florida Depat~nent of Transport~.tion. The Council staff asc, essmer,t is dMded into regional and local isvaes. 2'he regional issues are those ~at affect more than one county. Recommendations made by the ~aff regarding these is~s are formal conditions to be included by the local government in any Development Order that is issue. In contm.,'t, the local issu~ are those fiat affect only a particular county. Accordingly, the Council v'~ff's lc~fl objective is to higl'~ght the crucial local issues ~.'~d suggest remedial actions to be Lncoq:>orated into a Development Order, should the local goveramem decide to approve the projecL The ~dings of this evaluation and the Southwest Florida Regional Planning Council's recommendations are intended to assist Collier County in rea-Axing its decision re~ting the proposed development. The recommendations are not intended to foreclose or abridge the legal responsibility of local govermn,mt to ~ct pursuant to applicable local laws and ordinaneea. Copies of any 'Development Order" Can order granting, denying, or granting withlcond~o.a~_~e~ / I JUL22~7 / . :___ APPLIC...AL~ ]NFOR/~AIION AND DEVELOPMENT $UMMARY APPLICANr INFORMAilf~i ApVti,::~ D~ on which DRUADA v~ o/Sc/~y Dzte on wh/ch DRUADA was fbund ~ DR~ H~ D~ Date County Nodfi~l SWFR3'C. of Publ£c Hearing Type of Development Loc~c~ of Dewlop~c. nt DRI To~d Proj,xt Buildout 1,200 ~ (3B5 d~.le family ~ 81.5 mu/~i-f'~'nily), 120,000 ~.fl. ofrt'Z~, 80,009 ~.ft ofo~oc a_%d 140 574.6 2002 The 574,6 acre Pelican Strand Sub~antial Deviation Development of Regional Impact (DP.I) is located in unincorporated Collier County at thc northwest comer of 1-75 and ImmokaJee Road. Tile PelicaJ~ Strand (formall? Regency Village of Naples) DRI was originaJly approved by Collier County on February 13, 1990. On October 22, 1996 Collier County approved an ~Jnendment to the Development Order (DO) to add 375.3 acres. A Notice of' Proposed Change. proce~ was used to add th/s land which included no new units and thus focused on environmental issues only. Therefore, environmental is:;ue$ will not be part of ti'ds staff ssse~ment only than to clarify specific recent permitting requirements. The Application for Substantial Deviation Approval proposes to add 9 golf holes to the previously approved 1 g holes, increase the re$1dential units by 520 fi'om 680 to 1200 (385 single family tnd 815 multi-family), maintain the previously ~pproved 120,000 sq.ft, of retail, increase the office by 40,000 sq.ff, from 40,000 sq.~. to 80,000 sq.fL and to decrease the previously approved 260 hotel room to 140 rooms. The golf course with buffer is now 203.3 acres, preserve areas total 82.8 acres, lalces total 73.7 acres and road fight-of-ways total 26.3 acres. Transpor'tation is the primary subject of' t]tis staff' assessment because the ab<)ve discussed changes a. ft'ect r,:gional roadway. However, as concluded in the transFq>rtation recommendatiomi of this r(:por~ lels regional impacts on the road network will oc~r than required in the original DO. It was determined at the preapplication meeting that existing DO's region, a] conditions for a~l previously identified regiov, al issues ss still applicable except for tran~-por'~ation. Project buildoH: will continue in ~ single phase estimatexl to oc.,mr in 21302. The impact $-smssmen: tbr Pelican, Strand Substantial Deviation DIUv'ADA ~r~a~ been prepazed by lhe Southwest Florida Re~or~l Planning Council ss requked by Chapter 380.06, Florifl$ Stagules. Thc DRI assessment is largely based on kff'ormation supplied in the ADA. Additional int;~rmation was obtained by cont~.cting local officials, conmlting official plan.% and by reviewing reports rehtted to specific i=mes in the impact assessment. Collier County ~ review commeots and recommendalions were integrate,~ inlo various elements of thc a.~s~ment. The transportation eletnent was reviewed by the }:Iodda Departmem of Tr~portafion. The Council st~ff assessment is divided into regioral and local issues. The regional isme: are tho~ that affect mo~¢ tl'~ one coumy. Recommendatio~ made by the ~t~t' regarding, these iss~e~ are formal conditim~s to be included by the, local government in any Development Order tl'at is issued. In contr'~, the local ismes are tl~e tim ~fl'ect only a particular county. Accordingly, the Council sta.ff'3 ioclfl objective is to higlxlight the crucial local issue~ and suggest remcdinI axaJon$ to be. incorp,>ratexl into a Developn~nt Order, should the local governmem decide to approve, the project. The finding~ of this evalualion and the Southwea't Florida P,_~ional Plmmm8 Councirs recommendations are intend,:<t to a.~ist Collier County in reaching its decision regrcding the proposed development. The rt~.omme~adationa are not int~ded to foreclose or abridge the legal responsibility of'local government to act pur.s-dant to applicable local laws and ordinlr~$. CoEie: of any "Dev~opment Order" (~ order gr~nting, deny{ng, or grantLng witl-4--~c~,t[~,i~-.'~x JUL~g1997 Application for DevriOl~em pert, al ~cxi to thc Sovthw~-~t F~orid~ Rc~or~l Planning Council ~t the Florid~ D~)artmcnt of Community CHARLOTTE CO. ~ ~_,_,~]r LEE COUNTY OF -'~-k. ~J GLADES HENDRY PELICAN STRAND COLLIER COUNTY COUNTY COUNTY GENERAL. SOUTHWEST LOCATION MAP FLORIDA REGION iv JUL P, g 1997 Z <~ _J n ~-_ v SWt'-RPC'S OFFICIAL RECOMMENDATIONS SOUTHhVF_,5'T FLORIDA REGIONAL PLANNING COUNC~'S .STAFF FINDINGS AND RECOMMENDATIONS IT IS ~ RECOMMJ3qDATION OF THE SO~ FLORIDA I~EGIONAL PLANNING COUNCIL THAT THE APPLICATION FOR DEVELOPMF2Cr APPROVAl, AS AMENDED BY THE SUFFICIF~CY REPORTS DATED MAY 2~ 1997 AND MAY 20, 1997 BE APPROVED SUB, CT TO THE FOLLOWING CONDITIONS: I. ~P, ANSPORTATI~.Q=~ (ReAr to Aplzzxik I, Section A) Traffic ge=eral~ by tl~ Pelican Suand DRI. ~fiea oambimd ~ ~ ~ M ~ ~ ~ ~ ~ ~m ~Y ~~ ~~ m ~M~ ofh~ ~ ~ ~I of~ ~ ~ ~ ~ ~ ~ r~m~ ~ b~ h 2~2. ~ b~ of ~ ~ ~ pm~ o,~ ~ ~c offl~ p~ ~ ~ to ~d ~ ~ly ~ ~ ~y n~ ~ Lmp~v~ ~I n~ ~ ~ d~'.l~ ~ ~ ~ ~ ~ ~y ~ ~ ~ ~~y. Based on thc needs outlkned k~ thii docarn~t, any DRI [k'w. lopmcm Order issued by Collier (~imty slaall caxtain tM folAov,~g provisions: applie~qt er ki~ ~c'~v.~r or ~.~.~igua thall ~ ~y ~lc for s~i ~ gay ~ ~1 ~ for ~ sP~m~ i~ (~ bm ~ I~ ~ rc~iway ~rc~ ~TJ~ r~oj~ctbnilrJ~t in 2002: A.d~n-'~e commitments to provide the n _eces__sary improvements, h~cluding but ncx limited right-of-way, cost of signaJi,,afion, mm lanes, and other impmvcm~ents doem~d necessary by Collie~ Co~mty Io maimai~ the adopted level of se~rviee of the foUow~n8 signific:~tly irnpa~:xl ia~rsecticn'~s tb. rough projectbu~l~ut: Lmm~al¢~: R. oa3~S 41 I.mmokal~: Roa,a.dCva~etsa:-Frank Road Immcka.lee P,c~Airp~rt-PuUing Road lmmokdee Roa. d/I-75 East Ramps pine RJdg: Road/I-75 E.a.s't Ramps. Improv:menls Io the facilities outlined in mo:xru'rm~ciatioas 'b' axxt 'c' abote shall be made at the time tl'm a road segmem or intersection is expected lo exceed the level of service sta~davt adopted in the local comprehensive plan. Service level dctennin~on skall be made by Collier Cc~mty. To dc~ thc cxis~ levels of service on regional fadlities sad ~ need fo.' improveracnts in a firaely manta, fl~e applicant shall .'ubmit an avmual monitoring report ~o Cx~llier Co~mty, Florida Dcpatu~mt of Transportation, .Florida ~ of Cormv,~nity Affairs and the Southwest Floridx Regional pl~i~g Council for vsvic-,v ~ approval. Thc first monRori, c,8 report shall be submisled one year after the approval of the development orde:r tbr the Pelican Strand DRL Reports shall be submitted atmxzxlly thereaft :r until aflgbuildout ofth~ project. At a miaknu.m, thc report shall comain p.m. ix:ak hour trip gcaeratioa es'fimalv.$ ard mm/ag movemtv&s a each of the a _ccc~__s imersecfioc,s and the, offqile imtxsectiom lixt~ abov~ in ntcoram mdafiou 'c', ~ a calo~J~ of fl~ ~g I~i of ~ ~ ~e ~ ~ the ~ ~ ~ ~ ~ r~afi~ ~*. ~ le~s of~4~ ~ ~. oD~ ~ t~fl of~ ~ ~ ~ ~ ~ ~ le~ of~ m~ p~ imp~ for t~ ~ ~. ~ ~ ~o~ ~ s~ ~ i~ ~ ~n ~: ~d~M~c i~ ~ ~ ~A s~ ~ ~ ~ ~ N~i~ of P~ Based oa the trauspormtioa assessment of ~iguifu:zat p~o/t impacxs, cc~sm~oa of t.he fotlc~4v, g tma~r~a/.iou L~prov~x r. tali be uee&d prior to, or co/~..~m with, deeelopmexa of tM PeUcat~ Stnmd DRI, if adoptt:d levd of service con~tiunas are to be ~ed tkroughbuildout (2002) va regicx:,al ~,'ay sesm~,s and intersc~ioas. In~noka3~ - US 41 ~o Gaodd~le-Frauk Road - Goodlc~Frmk Road to Aisport-lhalliu - Aispoa-Pulling Ro~ to Pdicm~ Strand - Pelicaa Stra-d E~m'ance to 1-75 Widen to 6 lantn Wi&a m 6 larva Wktm to 6 la. acs lnunokdcc Ro~PU$ 4 i ~I~ Road~I-7$ E~t ~ Pine Ridge Ro~q-?$ ~ ~ ° Or co,~.ruct ~tcra~ facility 13c'.edep.~t O,'xicr options rmey bc o~ by Collk:r Coumy ~ thc ~pplicaut to ~d ,~tLfica~ of ooo.,5~,cy ~ noi 1~ g. rm~ ~dl t~ st~rada~, of thc SWFRPC'S. OFFICIAL ' ':.% ... ...;ff~; ....... ~ .... . .... . .... ..~ .. . :-;; '.. . '- -"RECOMMENDATIONS ~~ ~)~DA ~IO P O ~~'S -' %"'"" :- IT IS ~ ~~)A~ON OF ~ ~~ ~A ~IO~ P~G .- C~ ~T ~ ~P~ON FOR DE~P~ ~PROV~ ~ ~D~ BY ~ 5~~ ~OR~ I)A~ ~Y ~ I~7 ~ ~y 20, 1997 BE S~ TO ~ FOLLO~C, CO~ONS: ....... ' proj~ ~s ~ fi)r ~mm~dfl ~y, ~ore, ~e b ~me ~t~ for ~y D~ Developm~t Ord,' i~ by ~e County shoed ~n~ ~e fo~o~g pro,sion: ".~.-: .':." ~ ~e epp~t s~ ~m~t~te ~e ~d ~e d~ds of ~e prc¢~ ~ by ~u~s f~.~ ~ ~e vol~e by ~plo~8 p~s ~c~ ~ ';~% r~d~& U~h ~mt~.:do~ and m~l ~d~g. , . . ..~: ,. ~:. .... ~,.... ~ · .. , . · . .. . e. ~y bu~ l~t~ ~i~in E,e P~ S~d '~°pm~' ~ 8e~ ' was!~, s~ be r~n~le for ~e t~ ~g~ ~i~ ~d prop~ ~dous ~e 8cn.~ated by m~ b~. How~, ~ ~d APPENDICES stAFF REPORTS AND SUPPORT DATA Because the regional environmental i~sa:es were addressed as paxt of a Notice of Propor. ed Ch~ge when the land w~s added to the DRI in 1996, the Council staffs assessment of the DRF,,~DA identified only transportation and Consistency with the Local Comprehensive Phm as issues of regiomfl concern. The stat report on this issue is a,'tached as Appendix I. Appendix II identified only ~lid. hazardous :md m<xtical waste as an is.sue of local concern. Before formulating the recommendations in the previous section, the ratff analyzed ali of the. regional issues. As a part ofe~ch analysis, the staffdetermined the project's impact, any necessary remedial action and the applic:mt's commitments to a solution. Such determinations were based upon the calculations and estimates of both the applicant and Council stalE. No correspondence from local or xt$.te re'ciew/ng agencies are included. A draft development order is found in Appendix JUL 2 2, 1997 APPENDIX I REGION!AL ISSUES ANALYSIS JUL Z Z ~97 ~ Project I ra~l a, Applicartt Estimate The Pelican Strand CRegency Village of Naples) DRI is a proposed mixed-use development located in Collier County at the interchange of Interstate 75 with Immokalee Road. The Pelican Strand D}U was originally approved by Collier County in 1990 as Regency Village of Naples. The ~;ubstantial deviation was proposed to add 9 golf holes, 580 residential dwelling units, anc140,000 square feet of office space, to reduce the hotel rooms by 120 and extend the buildout of the development from 2000 to 2002. The total uses proposed for Pelican Strand in,:lude 120,000 square feet of commercial, 80,000 square feet of offce, 1,200 residential dwelling units (385 single family and 81 $ multi-family), a 140 room hotel and a 27 hole golf course. The Pelican Strand DRI will be reached via Immokalee Road and the future extension of Livingston Road. The proposed Master Plan (Map H of the ADA) shows access to be provided via the i,tersection of Stvas'`d Boulevard with Immokalee Road, which }',as been constructed. Reference lo a future access to Livingston Road Noah/South upon its completion is also made) 'I'he final am location and design on Livingston Road will be approved by Collier County. D_tLI The applicant's consultant calculated the trip generation for the project using the trip generat on rates published in the Insqirtne of Transportation Engineers' publication ~ .G_encr,~tio_.n, Fifth Fxlition (1991). Land Use Code (LUC) 8:20 was applied to the commercial uses, LUC 710 was applied to the office square footage, LUC 310 wax applied to the hotel, LUC 430 to the goTf course LUC 210 to the single-family detached residential dwelling units and LUC 23{) to the rnuiti-farail.,,- residential dwelling units. Internal capture at buildout was estimaed to be 15% of the total residential trips and 90% of thc golf course trips generated. Pas:;..by capture of the commercial trips was cstimat,'d ~t 42%. The hotel was ~ssumed to be 80% cccupJed, ~e transit spli~ was 'ssumed to be negligible and vehicle occupancy fa!es were assumed consinent with the ITE Manual. The trip generation e;timates by the ' ~, ~ . apphcant s -on.~ultant ~re out reed belowS: L~iLd_.LL~ .k[aiL~ ~ Inter7~l Pass-b_v _N:'I.~ Commercial 120,000 sq. ~. 737 142' 310 2115 Office 80,000 sq. ~. 138 31' 127 Hotel ! 20 room: 85 ! 7' 6~ Golf' ;27 holes 92 83 9 Single Family 385 DUs 3~ 55 309 Toml 1,78~ 380 310 1,094 Estimates by SWFRPC sta;Tas applicant did not split out for non-residential or non-golf uses. I-A-] A,~ E ,~ D..~ tTE~ JUL ~ Thc distribution ~md assignment of project trips was bas~4 on the disu-ibution and assignment used in the Regency Village of Naples tnalysis. Some modifications were made ba.scd on knowledge of existing and future development patterns and roadway network in this ~rea) 'Fhe roadway network used in the distribution and assignment phase was an existing plus committed (E-H2) network, based on the Collier County Capital Improvement Program and the FDOT Five '3'c~r Work ProD-mn. The committed improvmnents assumed in the network arc identified La Table A-I below: TABLE A-1 C O NLIVIFFTED L-M~ROVEM]E:NTS~ Link Improvement ~ff, l:l.~X US 41 - S. of Myrtle to lmmokalee Rd. 6LD FDOT ~ Immokalee Rtl. to Old l. JS 41 61.,D FDOT Bonita Beach Read - Hickory Blvd. Io Vanderbik Dr. Immokalee Road - 1-75 to CR951 County' Wide Computerized Signal Systcm Svady 4LD Lee County 4LD Collier County Signal Optimization FDOT County Wide 'rum Lane Construction County Wide. T, affic Signal Construction Misc. Turn Lanes Misc. Traffic Signals Collier County Collier County Existing conditions were identified from traffic counts taken by Collier and Lee Counties, the Flo~da Department ofTran, sportation (FDOT), and the applicant's consultant. Annual average daily counts were factored to peak se~on, peak hour using a 9% K,o~ factor and 55% directional fitter (D) for those countq from Collier County. Those count~ from th.- lee County .TI-afYic_Q~t~,c. Dgal were hctor,'.d using specific K and D data from the Lee County Division of Tram;podia:ion. Thc 1-75 counts from FDOT were factor~ usbg K nad D dat,,, from the FI)OT 1:99..i.L..~1~.11.~ The existing volumes (1997) were reported as peak ~ason, peak hour volumes both. two way and directional. Based on the historic traffic information available, growth in the study area varied from 13.52% to 0.11% per year for links. The applicant's conmltant applied fl~e specific l ir:k per I-A-2 .o. JUL ~ 2, 1997 year grow'th r~le to the existing peak se-Ton, peak hour traffic counts to estima:e 2002 background (non-DRI) conditions. Total traffic wets ideritified as the sum of the background projections and the total Pelican Strand volume~ on each link. Inlersecdon an~P-di, adwayLi!~k Analy. sis The applicant's study area was generally defined at the beginning of the project vnd was ultimately contracted based on the SWFRPC significance rule (where significant regional impact is defined as project traffic utilizing 5% or more of the roadway's adopted level of service maximum ser','ice volume/capacity). The applicant's consultant analyzed the project's impacts on a p.m. peak hour, peak season, peak direction basis. The McTrans Center of the University of Florida Highway Capacity So~vare, which is based on 'd~e 1994 Highway Cap~g[lT_.I~ant,'.ll, was used for the intersection analyses. Sources for the maximum service volume:; for each roadway were obtained from Collier County's ":;eventh .Annual Update and Inventory Report on Public Facilities", the Lee County Comprehensive Plan and the FI)eT Staff Assessm~ nt The staff gene:ally agreed with the information provided by the applicant's consultant, except the occupancy rate: for the hotel, which should have been assumed at 100%. This change would increase trips in the p.m. peak hour by 21, a 1.7% difference. How~:ver, an error was discovered when reviewing the trip generation calculations prepared by the applicant's consultant which decreased the net new external trips from the project in the p.m. peak hour by '74. The combination of these changes would not change the results of the analysis and were, therefore, not included in the staff's assessment. 'l'be ~otai and DRi traffic projected for the Pelican Strand DRI at buildout in the )'ear 2002 are depicted in Map A~I. The si~ificantly impacted roads and intersections expected to operate at a deficient level of.~er-,'ice are identified in Map A-2 and Table A-2. tLem~NJ.al a. Applican~ Estimate The applicant':~ consultant estimated that roadway and inters~v don improvements were necessary to suprmrt all area development including Pelican Strand by 2002 beyond those committed in order to operate at acceptable levels of service. Those impacted by the development at buildout in 2002 include:~ Immokalee Road - US 41 to Goodlette-Frank Road - Goodletle-Frank Road to Airport-Pulling Road - Airport-Pulling Road to Pelican Strand Entrmnce - Pelican Strand Ent,-ance to 1-75 I-A-3 AGrr~',:}~, ITEM . I JUL 2, 2, 1997 . (~38 S3~'0 OAIB I-A-4 db.,< ZI"'- ~Oc~ AGE. A ITE JUt. 2 2 1997 C~18 S3~0 I-A-5 JUL g ~ 19gl' I-A-6 JUL 2, 2 1997 The applicant's consulL-mt also estimated that a number of inlers¢ction improvements were needed by 2002.t Immokalee Road/US' ~ I Immokalee Roacl/Goodlette-Fran.k Road Immokalee Road/Airport-Pulling Road Immokalee Road/l-75 East Ramp Pine Ridge RoacLq-?5 East Ramp Staff' Estimate In considering remedial road improvements, the staff must be assured that improvements necessary for ~egional roads and intersections to operate at the level of service in the adopted comprehensive plan are in plz:ce when they ~e needed. The impro,,ements identified in '.[able A-I have been accepted as committed, but their status sh,uld be monitored as part of the annual monitoring report submitzal and ,my changes denlt with through the Notice of Proposed Change process (Section 380.06(19), Florid~ No other capacity increasing improvements other than those listed in Table A-I are currently committed within the Pelican Strand impact area. Therefore, to maintain the adopted level of service conditions on significantly impacted regional roadways and intersections, the following addit;onal improvements will be required prior to or concurrent with the DILl buildout: lmmokalee Road - US 41 to Gooclle~e-Frar& Road - Goodlerte-Frank Road to Airport-Pulling Road - Airport-Pulling Road to Pelican Su'and Entrance - Pelican Strand Enlran~:e to 1-75 Widen to 6 lanes Widen to 6 lanes Widen to 6 lanes Widen to 6 lanes immokalee Road/US 4i East and westbound through lanes Eastbound dual left turn lanes Northbound dual left turn lanes Signal retiming Immokalee Road/Goodlene-Frank Road Eas~ and westbound through lanes Westbound dual !eft turn lanes Northbound dual left turn lanes Signal retiming lmmokalee Road/Airport-Pulling Road East and westbound through lanes Signal retiming I-A-7 JUL 2 2 1997 lmmokalee Road/l-75 East Ramp Major interchange improvements' Eastbound right turn exit ramp' Pine Ridge Road/I-75'East Ramp Signal re'.iming ' Or construct alternate: facilits' (Livingston Road N/S) The six laning of Immokalee Road from US 41 to 1-75 and the new six lane facility of Livingston Road lycra Bonita Beach Road to Immokalee Road are planned and financially feasible according to the Naples/Collier County Metropolitan Planning Organization's Long Range Plan. However, the timing of the improvement is unclear, but not likely until the year 2010. SWZRPC staffrecommends that Collier County include specific requirements in the developrr eat order to ensure these improvements will be put in place when needed. The applicant and his successors or Collier County shall be fully responsible for any site related improvements that ma)' be required internally and at the DR] access intersections. These improvements shall include but not be limited to the costs of&sign and engineering. utility relocatk,m,, environmental mitigation, and right-of-way acquisition, a:; weli ,~s construction. The approval of proposed DR] access intersections should be consistent with current long range transportation plans and access management plans. For any other regional roadways and off-site intersecfit,ns significantly impacted by this project (listed ab¢'.e~ ,m which a deficiency is projected, Collier Court.')' or the applicant (or other a?propria:e jurisdictions) shall make adequate commitments to provide the total i:nprovements necessary to maintain the adopted level of service standards. The mitigation o~t~c,n c,-de~ermitfing a proportional shzre payment and/or pipeline improvement must be c ,nsistcr;t with Section 163.3220 oft,he El.~i.~l.~l..3.~te~, which requires a Iocal government development agreement. Any proportional share estimation or specific pipeline improvement shall be approved by all review agencies. The SWFRPC stiff recommends that any development order issued by Collier Count).' include an ~nnual monitoring pro.m-am consisting of turning movement counts at all DILl :ccess points and at all significantly impacted inlet,sections, trod ,, level of ,ervice estimation on all significantly impacted roadways. At ~ minimum, the monitoring program should address the roads and intersections indicz, ted above, 8nd provide a calculation of the existing level of sen'ice on the facilities and the estimated levels of service and project impact for the next year. ,.5d~ljcant C ollllllitrp.&llt The applicant proposes to pay the impact fees required by Collier County's Impact Fee Ordinance at lhe titne of development, estimated by the applicant's consultant at $1,840,660.00. In addition, the applicant ~as stated that it "intends to participate in ~ equitable propo~xionate sha.-e fuading and construction program to extend Livingston Road from Immokalee Road up to Bonita Beach Road." * I-A-g IAGENDA ITE~_ JUL Z Z 1997 ....... 2 Pg' ~ Re£erenc~ "Application for Development of Regional Impact, Question 21 - Transportation for Pelican $ffand PUD,q3RI', Southwest Transportation Engineering. Inc., March 21, 1997 (ADA), p. 3. ADA, p. 13. "Response to Sufficiency Questions for Pelican Strand PUD/DR1 Question 21 - Transportation" (Sufficiency Response), Southwest Transportation Engineering, Inc., May 20, 1997, Tables 3A, 3B, 3C and 3D. ADA, p. 7 and Sufficiency Response, p. 3, and SWFRPC Sufficiency Questions #5.b. Sufficiency Response, p. 1. Sufficiency Response, p. A-13. Sufficiency Response, p. A-14. ADA, p. 17. I-A-9 JUL 2, 2 1997 ~ I I t, t tltl '~ III JUL ~ ~ 1997 APPENDIX II LOCAL ISSUES ANALYSIS JUL221997 Pelica:a Strand Substantial ADA, page 13. Ibid., p~tle 13'.' Ibid., ;.~atte 13. Ibid., l:~age 14. Ibid., lxage 14. II-A-2 JUL 2 2 i997 ? ! 1¢ 97-~-- RESOLUTION NUMBER 97- A RESOLUTION ;%MENDIrlG DEVELOPMENT ORDER NUMBER 90-1, AS AMENDED, FOR THE PELIC~4 STP. AND DEVELOPMENT OF REGIONAL IMPACT, BY PROVIDING FOR: SECTION ONE: ~MEN~{ENTS TO DEVELOPMENT ORDER BY ADDING A SECTION ENTITLED SOLID WASTE, HAZARDOUS WASTE, MEDICA~ WASTE; BY AMENDING THE TRANSPOR~JiON SECTION; ~D RENUMBERING SUBSEQUENT SECTIONS; SECTION TWO: FINDINGS OF FACT; SECTION THREE: CONCLUSIONS OF AND SECTION FOUR: EFFECT OF PREVIOUSLY ISSUED DEVELOPMENT ORDER, TRANSMITTAL TO DCA AND EFFECTIVE DATE. WHEREAS, the Board of County Commissioners of Collier County 21 Florida appr~ued Development Order Number 90-~ as amended, {Resoluti¢ ~ Number 90-67; as amended) (The Development Order) on }'ebruary 13, 199( 23 which approved a Development of Regional Impact IDRI) known as Regen( 2~ Village of N~ples which ha~ been renamed Pelican Strand by a sub~eque! u5 amending Developmen[ Order; and WHEREAS, the Board of County Commissioners approved Re$olutlo~ 2~ ~:umsered 90-505,95-457 and 9~-484, which amended t~e Pelican Stra: ~ Deve!opr~ent Order, on October 23, 1990, August 6, 1995 and October 2 29 1996 respectively; and 3o WHEREAS, the Application for Development Apb, moral (ADA) 31 incorporated into and by reference made a par~ of the Developmen~ Orde 92 and WHEREAS, the real pmoperty which is the subject of the Eevelcpm~ 3~ Or~er is lc§ally dea~ribed and set forth in Exhibit "A'° to ~ 35 Development Order; and WHEP. EAS, Pelican Strand Ltd. (hereafter 'developer') ~ubmitted ~ Notice of Proposed Change for the Pelican Strand Development of Regiol ~a Impact, and petitioned the Board of County Co.~%nais$ioners of Coll 3~ County. Florida to further amend the Pelican Strand D~.velopment Ord ~0 Collier County Development Order 90-1, as previously amended; and 42 43 IT[M, WH£R£AS, the Collier County ?lenning Co.~niasion has reviewed and 2 cons:Ldered the report and reco~unendations of the fouthwest Florida Regional Planning Council (SWFRPC) and held a public hearing on the petition ~ July 3, 1997; and WHEREAS, the Board of County Commissioners of Collier County has reviewed and considered the reports of the SWFRPC and the Collier County Planning Co~nission and held a public hearing on the petition on July 22, 9 1997; 30 NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners ii of Collier County, Florida that: SECT]iON ONE: AMENDMENT OF DEVEI.OPM£NT ORDER A. The Findings of Fact Section of Development Order 90-1, as amended (Resolution 90-67, as amended) is hereby amended to read as ~? foll¢,ws: FINDINGS OF FACT 22 24 !. The zeal property which is the subject of the ADA is legally described as s~t forth in Exhibit A, the Planned Unit Development Document for Pelican Strand attached hereto and by reference made a p~,rt hereof. 2. Tho application is in ac~o£dance with Section 380.06{6),~ F].crida Statutes. 25 ~9 The applicant submitted to the County an ACA and sufficiency responses known as ccmposite Exhibit B, and b5 reference made a part hereof, to the exten% that they are not inconsistent with the terms and condition3 of this Order. 30 31 ]2 33 37 3~ The applicant prcpcse~ the development of Pelican Strand Planned Unit Development for 574.6 acres which includes: 30 acres of co~T. ercial uses to include a ~ i40 rocm mctel, ~ ~0_j_C00 square feet of office co-~%m, ercial, an( 120,000 square feet cf retail commercial; ~ ~2qq residential dwelling units on ~-% 167.8 acres; an 1S-hole golf ccurse and buffers on %~-~% 203.3 acres; i~_ 82.8 acres of conservation areas; 7{.5 73.7 acres of lakes for water management; and ~ 26.3 acres of roads. 39 4O 42 A Notification of Proposed Change to a Previously Approve, Development of Regional Impact (DRI) was filed and processed as required by Subsection 380.06~19) Florida Statutes. 43 6. A comprehensive review of the impact generated by the development has been conducted by the appropriate Count)' departments and agencies and by the SWFRPC. __-~. Word~ undc/~ioe~ are ~iticn~; Wordm JUt 7. The development is consistent with the report and recommendations of the SWFRPC submitted ~ursuant to Subsection 380.06(11), Florida Statutes. 8. The development is consistent with the current land development regulations and the Growth Management Plan of Collier County. 9. The development is not in an area designated an Area of Critical State Concern pursuant to the provisions of Section 3B0.05, Florida Statutes, a~ amended. 10. The development will not interfere with the achievement of the objectives of the adopted State Land Development Plan applicable to the area. ll. The development is consistent with the State Comprehensiv~ Plan. B. The Conclusions of Law Section of Developmen~ Order 90-1, a~ amerded (Resolution 90-67, as amended), is hereby amended to add ~ paragraph entitled "Solid Waste, Hazardous Waste, Medical Waste" to rea, ~ as follows: 2o 4. SC. LiD WAST£/HAZARDOUS WASTE/MEDiCAL WASTE (Refer to Aooendix II) i. The applicant shall incorporate the solid waste demands o t'Q_e prcject into the County solid waste management ~rogr~ ~.n~_e.~$__~!~ossibllities of extending the life of the landfill by reducing the solid waste volume by practices such as conservation~ recycling_ trash ~ompactlon, and mechanical shreddino. 2. The ~rcject shall be bound b_~y all 9pplicable recycling reouirement$ in Collier Count~ at the time of developmen~ 3. ~.n_~ business located within the Pelican Strand 21 3~ 35 ¢~ 44 45 45 4", Development, wh~.s,h___g.enerates ha:ardous waste, shzll be responsible for the temporary_storage, sit~n~ and proper. disposal of the hazardous waste generated by such businesses. However, there should be no ~:itinq of hazardous waste storage facilities contrary to Collier County Zonino Reou!ation$. Buildincs where hazardous material or wastes are to be ~sed, displaye~r handled~ generated or stored shall be constructed with imperviou~ flo~rs, with adequate floor drains leading to separate impervious bolting facilities which are adequate to contain and safely facilitate the cleanup of any spill~ leakage~ or contaminated water. Generation and discharge of hazardous waste effluent iht the sewage system shall be prohibited unless approved b~ ~erlr, it issued by the Florida Department of Environmental Protection. C. paragraph 4, -Transportation", of the Conclusions of Law 2 Section of Development Order Number 90-1, as amended (Resolution Number I 90-67, as amended), is hereby amended to read as follows: ~ A 7 10 14 15 2O 21 24 25 26 27 29 31 35 36 3~ 39 40 42 43 45 46 47 49 5O 51 53 56 TP. ANSPORTATION a. The applicant or his successors shall be fully responsible for site-related roadway and intersection improvements required within the Pelican Strand DRI. The applicant shall be required to p~y the full cost for any site- related intersection improvements (including but not limited to signalization, turn lanes and additional through lanes} found to be necessary by Collier County fo. the project's access intersections onto Immokalee Road 8461~ and the future extension of Livingston Road. The site access points shall be located and developed c--o-~sistent with Collier County's access .anagement standards and ~ermit requirements. b. The Pelican Strand DRI shall be subject to the Collier County Adequate Public Facilities Ordinance (Ordinance Nc 90-24). The Collier County Adequate Public Facilities Ordinance ("APF" Ordinance) generally requires that by Ma I of each year an A~%nual Update and Inver. tory Report on public facilities (AUiR), including roadways, be preparec and submitted to the County. The APF Orcinance requires the Board of County Co~missioners tc establish areas of szgnlficant influence (ASI) around any road segment or intersection which is deficient or is projected by the AUiR to become d.ficient and which is not schsduled for~ ' ' ' ' '~IE~ o+' ~raprovement ir, the Capital Improvement Elemen~ ~ , .~ ~he cor~prehensive plan in a manner and time which woulc~ plovide facilities concurrent with the i~,pacts of development pursuant to said APF Ordinance. If any of t road segments identified in Paragraphs ~b,~2~ throug~ 14) of this development order-become deficient i ~h--e future, the County shall establish an area cf significant influence (ASI) around such segment pursuant to the collier County Adequate Public Facilities Ordinance. Pursuant to the APF Ordinance, projects with the boundaries of an ASi which is drawr~ around a defic~e road segment are unable to obtain further Certificates c Public Facility Adequacy. Projects within the ASI drawr around a road secrment which i$ projected to become deflcient are unable to obtain Certificates of Public Facility Adequacy that would allow impacts to exceed th~ remaining capacity of those road segments. The stander( to be utilized by Collier County in establishing the boundaries ~f the ASI's are set forth in Section 7.4.2 the APF Ordznance. In addition to the provisions of the Collier County AP? Ordinance, the Pelican Strand DRI shall be subject to t following conditions regarding the transp, ortation impac of the development: The Pelican Strand Development of Regional Impact subject to the specific requirements of the Adequa wo~ds ~derl!,Ar,.4 are addition~; Words 0Ut~21997 3 ? 10 ~3 19 2O 3O 33 43 48 ¢? $: Public Facilities Ordinance No. 90-24 as that Ordinance existed on July 1, 1990. Any amendment to the transportation portion of that Ordinance by Collier County shall mot be effective or applied to the Pelican Strand DRI unless and until this Develc~ment Order is amended to incorporate and render applicable such changes or amendments to tke APF Ordinance. ~--'k:.: :: ~i r~ ~~ 31) Adeoua%e comr!tments to provide the ~Iovement~ inc~ but not~i~%~d =o design and enslneerlnq, uti~i~3 acquisition, con~ruction~ construction con%fac% adr. ini:.tra:ic.-., and con~-tructlon inspection nece~$a to maintaln the adopted level of service for the follow!nc ~icnificantly imDacted reqional roadway throup~_.h D-ojent. bulls out in 2002. !~ckalee Read - US 41 ~o Goodlette-Frank Road - Goodle:te-Frank Road to Air},ort-Pullinq Road - AirDor:-Pullinq Road to Pelican Strand Entra?;ce Pelican Strand Entrance to 1-75 - 1-75 to C.R. 951 (3) Adequate convdtments to provide the necessary improvements, includinq but not limited to, ri~ht-~ way~ cost ol signalizationr turn lanesr and other improvements deemed necessary by Collier County to maintain the adopted level of service of the words ~%tlt~].lll~.~ are additions; Words foilowin~ significantly impacted intersections thr.0u.ghout p_rojec% build out ,JUL ~ g 1997 7 10 11 17 20 21 22 2] 24 33 39 4O ~2 4~ 47 49 ~6 5~ I~okalee Road/US-41 I~okalee Ro&d/Goodlette-Frank Road Immokalee Road/Airport-Pulling Road Immokalee Road/I-75 East Ramp{ Pine Ridge Road/l-75 East Ra 3ml~ {4) I_~provements to the facilities outlined in recommendations 'b" and 'c" above shall be made a the time that a road segment or intersection is ~xpected to exceed the level of service standard adopted in the lo¢al comprehensive ~lan. Service level daterm£natlon shall be made !~ Collier Coun To detsrmine the existing levels o~ service on regional facilities and the need for improvements a timel_~v manner~ the applicant shall submit an an monitoring report to Collier Countv~ Florida De,par~ment of Transportation~ Florida Department Communitx Affairs and the South,~est Florida Re~_~ Planning Council for review and &pproval. The fi monitoring report shall be submitted one year aft the approval of the development orC~r for the Pe£ Strand DRI. Reports shall be submitted annually thereafter until after buildout of %he pro~ect. At a mini__m=m, the report shall con~ain p.m. peak. tr~_seneration estimates and turning movements a each of the access intersections and the off-site intersections listed above in recon~endation a calculatio{~ of the existing level of service at the~e intersections and on th~ roao segments indicated above in recommendation ~b". The level service shall be calculated accord/hq ~o current Drofessicna! standards. The r~port =hall al~o provide a calculation of the existing level of · _.~erv~ce Eq the ~cilities and t~q ~!imated le~ service and project impact for the next year. ~ ~ ~%-~-itoring repor~'-~ll a!sc-~dentifv the status of the road improvements assumed to be committed in ~_h~ ADA~ and any deviations from the scneoule identified in ADA shall be addressed in Notice of Propo.__:~ed Change proc__~ess_5_~e_~__C_Chapt~r 380.06(19)~ Florida Statutes. Based on the transportation assessment of si~nif~ project imuacts, construction of the following transports.~icn ~mprovements shall be needed prio~ or coincident withe develooment of the Pelican bRit._if edcu~ed level of service conditions are maintained through buildout (2002) on regional_ roadway secrnents and intersections. ~e_gicnal Roads Immokalee Road - US 41 to Goodlette-Frank Road - W~den to 6 lan~ Goodlet%e-Frank Road to Airport-Pulling Road - Widen to 6 lanes - Airport-Pulling Road to Pelican S~rand £ntranc~ Widen to 6 lanes - Pelican Strand Entrance to 1-75 - Widen to 6 1. _Regional Intersections Word~ ~in~d are additio~; ~r~ :~r~k are ~el~fio~. JULMZ1997 5 lo 1l 15 21 22 2~ 2-% 27 ]o 32 ~2 5o ~2 ~5 5~ $0 Immokalee Road/US 41 East and westbound throu~. lanes Ea~,tbound dual left turn lanes N~rthbound dual l~ft turn Lanes $~,~nal retiminq Immokalee Road/Goodlette- East and wnstbound %hrou Frank Bead lanes Westbound dual left turnlane Northbound dual left turn Signal reti, I:~okalee Road/Airport-East and westbound through lanes Pulling Road ~iQnal retir Immokalee Road/I-?5 R~m_~ Major interchang~ i_~l~provements ' Eastbound right turn exit ram~ Pine Ridge Road/I-~5 East Ramp ~ignal retimin. * Or construction facility (Livingston Road (5) Develooment Order options may be con~idered ~ C-~lier CountLand the applicant to the e:~tent that th ~_ptJ. ons provide adequate commitments for ~Lmprovements indicated above tc ~iqnificantly impacted regional roadway~ and intersections. Whatever opt~o__ns are sxercised, how,ver~ should be done with the understand t. h4t the fo!loci, nc condlticn~ shall be If annual monitoring reports co:':firm that p~ seasont peak hour directional t~affic on the ~_e~ional road segments and intersections abo exceed the level of service standards ado_~_~ the County and the project is u~ilizing mo~ ~han 5% of the adopted level of service cap~ (significaot ~pact)! then furt%er buildin~ ~ermits and certificates of occ?p~nc~ shal~.' be ~ranted until the standards ~f the Count~ concurrency management system h~ve been met. The d~ve!op._men~ order shall ide:%tifv how th~ 'will be treatec~ in relation to ':he concurrer ~ana~er~ent sv~%em. The transportation impact to th~ roads and intersections above shall be appropriately addresse~ consistent with Southwest Florida _Regional Planning Council pol%c_~eS, ~nd ~he determination of proportional share and/or p_~ elinin. 9 of the regional road improvement: shall be in accordance with Sec:ion 163.322~ F.S. ~hich requires a Local Government Development Agreement and a comaitment by applicant and/or the local government to in ~oncurrency on all significantl~d regional roads. The Applicant shall provide within fifteen of publication each year, a copy of said AUIR on regional fa~ili~ie~ act forth in S.~bsection 5.b.(2) throuch (4) hereof to the DC% and SWFRP¢ UL ~ ~ 1997 lo 11 1) 14 15 20 21 24 2~ 27 41 42 44 45 47 49 In the event that the Collier County Board of Commissioners designates an ASI around a daficienl road segment identified in Subsection i.~,{~+ $.b through (4) hereof that is predicted to be substentt&lly impacted by the Pelican Strand DRI a the AS! does not include the Pelican Strand DRI, 1 the applicant shall file a Notice of Change of thl development order with Collier County, the $outhw~ Florida Regional Planning Council, and the Depart! of Community Affairs, pursuant to Section 380.06(i Florida Statutes. The applicant shall file a Notice of Change withi~ sixty (60) days from the date the County creates i ASI for such a deficient road segment that exclud, the Pelican Strand DRI. The applicant shall file with the Notice of Change a current traffic aridly and other information attempting to establish the the Pelican Strand DRI is not having a substantia impact upon the pertinent road segment, or other Justification for the County's exclusion of the D from the ASI. If an ASI is established for any deficient road segment listed in Pazagzaph 4.b.(2 the development order that does not include the Pelican Strand DRI, the DRI shall n¢.t apply for o issued any Certificate of Public Facility Adequac until the Notice of Change decision is made by Collier County, if neither DCA nar iWFRPC participates in the public hearing cn the Notice , Change pursuant to 380.06(19) (f) anc the change i adopted by Co!!iel County, as proposed, or until , appeal of such decision to the Florida Land and W. Ad3udicatory Cc~n~.ission is resolved. For purposes of enforcement of this development the Pelican Strand DRI shall be deemed to have substantial impact upon a deficient road se~nen~ its tlaffic impacts exceed five percent (5{) of~ level of service 'D~ peak hour peak season capaci of the roadway. The County shall provide the requisite public not and hold a public hearing on the Notice of Change expeditiously as possible. Following a public hearing, Collier County shall amend the Pelican Stran~ DRI D~,¢lopment Order to record determination as to whether The County shall prov the requisite public notice and hold a public hea on the Notice of Change as or not Pelican Strand having a substantial impact upon the deficient ro se~nent or otherwise should not be included ~ithi ASI for the deficient road segment. In making th determination, the County shall include the impac resulting from all development to cccur pursuant the Certificates of Public Facility Adequacy previously issued tO Pelican Strand. The amen~, to the Pelican Strand D~velopment Ozder is appeal pursuant to Subsection 380.06(19) and Section 380.07, Florida Statutes. 57 59 61 ~9~(9) If neither DCA nor SWFRPC participates in the pub hearing on the Notice of Change pursuant to 380.06(919) (f), and the change is adopted by Coll County as proposed, the Pelican Strand DRI may be issued Certificates of Adequate Public Fa~_~ I JUL221997 5 -? ~8 2~ 34 ~? 4'0 4~ ~4 5~ following the County's development order decision. If either DCA or SWFRPC participates in the public hearing, the Applicant shall not apply for or be issued Certificates of Adequate Public Facilities until the deadline for appeal of the Collier County decision has expired pursuant to Section 380.07, Florida Statutes, and no appeal has been filed. Interconnection between Pelican Strand and adjacent subdivisions shall be encouraged. If Piper Boulevard is extended as a frontage road from Livingston Road to the property boundary of Pelican Strand, an interconnection to Pelican Strand will be reviewed by the applicant and by the County Department of Transportation at that time. If the County deems the interconnection is appropriate, the developer shall provide for the interconnection. On CR-B48 west of 1-75, a one-mile spacing for major roadway intersections will be implemented for the probabl build-out condition of six thru lanes. During two-lane conditions and four-lane conditions, a major 'access" intersection will be allowed at an approximate cne-quarte mile spacing with the following conditions/constraints: At the time of warrants being met for signal systems the signal system shall be installed at che developer's fair share expense, shall be coordinated with the signal system at 1-75 and L~vinpston Road, and shall be operated in such a fashion ~o as to minimi:e thru movement delafs ('acces:~' intersection cycle dependent Upon completion of thru movement cycle$i. Ac the time cf CR-846 six-laning, the County retains the option of signal system removal along with media opening remcvai at the one-quarter mi~e intersecting spacing lecation. At the time after permitt~.ng median openings/installation of signal systems, the County retains the option to remove median opening and/or ~ignal ~ystem at the one-quarter mile intersection spacing location s)%ould either or both traffic accident data and thru lane capacity data indicate nee~ based or, criterLa set forth in the current e~iticn of the Manual on Uniform Traffic Control Devices (MUTCD), FDOT policy, and/or County policy. D. Paragraph 5, "Vegetatiot~ and Wildlife/Wetlands", of the Conclusions of Law Section of Development Order Number 90-i, as amended (Resolution N,,~ber 90-67, as amended), is hereby amended re~d as follows: VEGETATION AND WILDLIFE/WETLANDS a. The permit application to the SFWMD shall include detail plans and appropriate documentation which delineates: buffer areas adjacent to the we~land~ 1 14 ~0 3~ 40 h. wetlands, verification that the proposed control elevations will maintain adequate wetland hydroperiods, acreage figures and cross-sections for all mitigation areas, a mitigation proposal that is consistent with District criteria regarding wetlands and mitigation ratio and which includes a wetland monitoring and maintenance program. Upland preservation additions to the wetland conserwatior areas on the proposed adjacent golf course areas shall be illustrated on the site development plan for each phase prior to approval of that phase by Collier County. The golf course shall be specifically designed to provid! maximum tree preservation via a forested corridor that will maintain foraging habitat for Big Cypress Fox Squirrels. The existing rock quarry shall be modified to provide a more natural shoreline with littoral zone and connection to the two adjacent cypress areas. The proposed hydroperiods and seasonal water elevations shall be designed to be as close to eleven (ll) inches above the wetland surfaces in the rainy August-September period as practicable. Machine clearing shall be performed in areas dominated bl exocics while hand clearing will be used in the balance wetland and conservation areas. .7 acres of lake littoral zones shall be created. The threatened pine pink ground orchid shall be transplanted to suitable areas such as low golf course rough or water management swales if it is encountered prior to construction. Pines and other trees, a~ well as under-story plan:s, wi be maintained in conservation areas; in all areas of the golf course, consistent with good golf course design, excluding the fairways: and in yards and green ~paces. Habit~% pods for the Big C~ress Fox Squirrel shall be located periodically {randomly) throughout the project. Prior to the i~suance of any land clearing permit with:n the added 375.3 acres, provisions of ~he e Fox Squirrel Habitat Managemen~ Plan for tha~ area e~ll ~c approved t~e Florida Gam~ and Fresh Water Fish con~ission dated Nover~ber 4~ 199(u shall be complied with. Paragraph 6, "Water Supply", of the conclusions of Law S~ctic Development Order Nuttier 90-1, as amended, (Resolution Nufr~er ~ as amended), is hereby amended to read as follows: 46 4'7 4~* 5O 7. £~=. WATER SUPPLY 10 )ords ~u~derli{~.~ ~re addi~ion~; Word~ ~,~k-4,h~j~ are All construction plans, technical specifications, and preposed plats, if applicable, for the proposed water distribution system, and any possible on-site water treatment system, shall be reviewed an(k.j~ved by el~[lon~. JUL 2 2 ]9~7 lO 11 12 14 1'7 21 ~2 26 27 ~5 ]7 45 4f 4~ 4~ 51 5,2 5.5 56 Collier County Utilities prior to commenct~ment of construction. b. Should Collier County not be in a position to supply potable water to meet the consumptive demand of this project, the Developer or his successors at this expense will install and operate interim water supply and on-sit treatment facilities adequate to meet all requirements o the appropriate regulatory agencies. c. At such time as the County's off-site facilities are available, in accordance with County ordinances and/or State Statutes, the Developer, his assigns or successors shall abandon, dismantle and remove from the site, the o site water treatment facility, and will discontinue use the on-site water supply, at no expense to the County. d. Connection to the County's off-site water facilities sba be made by the owners, their assigns or successors, at n cost to the County, within 90 days after such facilities become available, in accordance with County ordinances and/or State Statutes. e. At such time as off-site County water facilities are available for the project to connect with, all potable water facilities described in the July 19, 1985 Memorand (Appendix I of the ADA) will be conveyed to the County pursuant to appropriate County Ordinances and ~egula%ion in effect at the time. f If an interim on-site water supply, treatment and transmission facility iS utilized to serve the proposed project., it Inu~t be properly sized to supply average and peak day domestic demand, in addition to flre flow deman. at a rote approved by the appropriate Fire Control District servicing the project area. The developer, his assigns or successors, shall be bound by all other County potable water requirements, as contained in the July 19, 1985 County Memorandum (Append I of the ADA}. As [[~e South Florida Water Management District has advis. the applicant that the Lower Tamiami Aquifer might not b, available, as a supplemental irrigation source, at the time o~ permit app]ica%ion, the applicant shall investigate the possibility of using other aquifers, or other ~ater sources entirely. i. PIior to the permittin9 of any additional withdrawals fr. ~he Lower Tamiami Aquifer, the applicant ~ill be require. to provide documentation to the District that saline war intrusion, unacceptable low wa%er levels, and/or adverse impacts on either on-site/adjacent wetlano areas of existing users will not occur as a result of any propose withdrawals. k. For the purposes of non-potable water conservation, Pelican Strand will utilize xeriscape principles in the design and maintenance of the project's landscaping. 1. Prior to the permitting of withdrawals from project lake or interconnected lake systems which have wetland areas adjacent to them, documentaticn must be provi(~ed to the South Florida Water Management Distric' that the wetland hydroperiod will be m, Words ]A~l~erll/~,.~ are additions; Words -''-.---::k ' which demonstrat JUL 2 2 1997 ¢'7 m. The applicant may withdraw water from isolated lakes or lake systems only if documentation is provided to the District that indicates that on-site and off-site wetlan¢ will not be adversely impacted by such wi~hdrawals. n. Private wells for multi-family irrigation systems shall ~ not be promotea by the applicant. Permitsing of such activities is at the discretion of the South Florida Wat~ Management District and appropriate local agencies. In view of the condition of the Lower Tamiami Aquifer, the applicant is strongly encouraged to find other irrigatiol sources for residential areas. o. As lakes on the project are to be used for irrigation purposes, an impermeable barrier of clay or muck shall b, placed between wetlands and lakes wherever water elevations in the lakes are set below seasonal high ware elevations. p. On-site wetlands and lakes shall be buffe~ed from possib contamination from spray effluent used los irrigation purpose~. q. The lowest quality of water possible shall be utilized f. all non-potable water use. r. All commitments made by the applicant, within the ADA related to Question 23 and subsequent sufficiency rounds no in conflict with the above recommendations shall be incorporated as conditions for approval. E. ~ara~raph 7, '~Consioten:y with Local Growth Ma:tegument ~lan~, of the Conclusions of Law Section of Development OrJer Number 90-1 as amende~ (Resulution N~.u~cr 90-67, as amended), is hereby amen~ to read as follow~: CONSISTENCY WITH 7K£ LOCAL GRO~H t{~NAGEMENT PLAN The DRI's land use~ are consiatent with the local governc~ent growth management plan. F. Paragraph ~, "General Considerations", of tt.e Cc. nclusicn$ Law, Section of Development O£der Num.~er 90-1, as amen~ (Resolution Number 90-67, as amended), i~ hereby a'mended to read follows: 9. ~,- GENE~LP, I. CONSIDERATIONS a. The development phasing schedule presented within the and as adjusted to the effective date of development otc approval i.e incorporated as a condition cf approval. phasing schedule supersedes that schedul~ contained in Ordinance 85-61, Regency Village of Naples PUD. development order conditions and applicant com.mitment$ incorporated within the development orde:, AD or sufficiency round res~nses to mitigate xegional impact: are not carried out as indicated, the~.i~.~,~ . JUL 2 2 1997' 74__ 7 9 15 20 23 35 presumed to be a substantial deviation f)r the affected regional issue. b. If during the course of monitoring the d~velopment, the local government can demonstrate that suDstantial change in the conditions underlying the approval of the development order have occurred or that the development order was based on substantially inaccurate information provided by the developer, resulting in additional substantial regional impacts above the thresholds for a substantial deviation found in Section 380.06(19(, Flor: Statutes, than a substantial deviation shall be deemed ' have occurred. c. Pursuant to Chapter 380.06(16), the applicant shall receive credit for contributions, construction, expansi or acquisition of public facilities if the developer is also sub,oct by local ordinances to impact fees or exactions to meet the same needs. d. Except as provided herein or in Ordinance 85-61, the development shall comply with the Growth Management Pla (including the Concurrency Management System) and all applicable County regulations, unless ~ecifically waiv or modified by action of Collier County. e. The develcpment ~hall comply with Collier County Land Development Code Division 3.2, which requires the submission, review, and approval of a Subdivision Maste Plan. G. Paragraph 9, "PUD Docur. en%', of the Conclusions of Law Sec~ of Deve]opr~ent Order Nun~Der 90-1, as amended [R~solution Number 6~, as amended), is hereby a~ended to read as foilcws: IC. ~ P.U.D. bOCUMENT a. The approved Pelican Strand PUD documen~ and Master Development Plan, as those documents ma}' be cfficially modified from time to time, are hereby ~ncorporated in and made a part of this Development Ord(,r and are entitled Exhibit "A", attached hereto. 40 A. 41 ' ~'"'"~ ~ ¢3 B. 45 C. FINDINGS OF lAC? That the real property which is the subject ¢>f this amendme petition is legally described as set forth in Exhibit "A", attached hereto and by reference made a part thereof. The application is in accordance with Section 380.06(19), Florida Statutes. The development of Pelican Strand on 574.6 acres of land commercial, industrial and residential tourist uses. AGE ~' IT" JUL 2 2 1997 D. The requested amendment to the previously approved Develop~ Order is consistent with the report and review of the E. A comprehensive review of the impact generated by the req~ amendment has been conducted by the County's departments a the SWFRPC. F. The development is not in an area designated an Area of Critical State Concern pursuant to the provisions of SecK 380.06. SECTION THREE: CONCLUSIONS OF LAW A. The requested amendment of ~he previously approved Develo~ Order is consistent with the report and recommendation~ SWFRPC. B. The proposed amendment to the previously approved Develoi~ Order will not unreasonably interfere with the achievemen the objectives of the adopted State Land Development Plan applicable to the area. C. The propos~J amendment to the previously approved develo~ is consisLent with the Collier Count)' Growth Management and the Land Oevelopment Regulations adopted pursuant the D. The propose~ amenc~ent to the previously approved D~velo~ order is consistent with the State Comprehensive Plan. SECTION FOUR: EFFECT O~ PRSViOUSLY ISSUED DEVELOPMENT 29 ]0 T~ANSMiTTAL TO ~CA AND EFFECTIVE DATE A. Except as [~en~ed her~b>,, Development Order 90-1, as amer shall remain in full force and effect, binding in accord~ with its terms on all parities thereto. This amended Development Order shall take precedence over all other applicable previous and subsequent D~velopment Orders wh in conflict thereof. B. Copies of this Development Order 97 shall be transmitted immediately upon execution to the Departmen~ wor6~ und~/~in~ are ~dditions; Words ~ n~ deletions. 1 JUL 2 Community Affair~, Bureau of Land and Water Management, and Southwest Florida Regional Planning Council. C. This Development Order ~hall take effect as provided by law. BE IT FURTHER RESOLVED that this Re~olution be zecorded in the minutes of %he Board. This ~esolution adopted after motion, second and majority vote. Done this day of , 1997. BOARD OF COUNTY CC~ISSIONERS COLLIER COUNTY, FLORIDA BY: TIMOTHY L. HANCOCK, Chairman ATTEST: DWIGHT E. BROCK, Clerk Approved a:~ to Form and Legal S,_'fficiency: 2~ Mar~ Student 22 Assistant County Attorney 39 31 ~2 33 35 36 4s 47 FUND~G OF THE COLLIER COUNTY WASTEWATER MANAGEMEN'T PROGRAM O~: That thc Board of County Commi~sion~n, as th~ Ex-Off, cio Govoming Bo~d of tl~ Collier Count)' Wat~=-Sew~:. District, discvss, rmeivc p~blic ~ and ~ppmvc a proposed capital fm~.ncing plan for the I)istricfs Wast~vatcr Manag~nctl! Progllm as m~cdcd to qullify for a low-int~c~t Joan. ~? ID~i~..~P~TLONS: This agenda item is companion to the advertised public hem'Lng on thc 201 Facilities Plan Upd:m:. This advertised public hearing is being conducted in accordance with State Rew~lving Fund policies and procedures. The ;roached advertisement was published 30 days in ad,,ance of this bearing. The Capital Financing Plan, as Appendix D to the 201 Facilities Pla.:l Update, nas been available for public :'ie,,','ing in the Clerk's office during the advertisement period. The state requires the District's Chief FinanciaJ Officer to certify that he/she has reviewed the financing in£ormation fix the proposed SRaz project; that the District has the financial capability to adequately constnmt, operate and maintain the SR.F project; and that the certifica'.:ion is made with full cousideratJon given tt) other plarmed projects which will be financed from revenues to be dedicated to repaying ~:h¢ SRF loan. IM~A..A_¢~.: See companion agenda iran "Approve Three (3) Resolutions " _Q'RO_W~H MANAG£MENT IMPACT None. J~.-C,~-M-.~A_TI_TLOd'4~: That the Board of County Commissioners, as the Ex-Officio C~ove,-,a/ng Board of ~e Collier Cc~unty Water-Sewer District, approve the Capit:d Financing Plan as contained in Appendix D cf the 201 Facilities Plan Update and reque.~t ~he Clerk of Court's office to issue a letter of financial ce~ificat/m~. BY: Karl W. Boyer, P.E., OCPM Semor PrOject Manager DATE:~ IJUL Z2 1SZ. Affidavit of PubLication PO ~ 4~3016 ILk.DLE$ FL :1-~101-3016 ~lJ~ In ~td ~L~e' ~ty, ftori~, C~Ll~ ~ty, FLhrt~, for di~r~t, re. re, c~i~st~ or ref~ ~o~ the ,~ of ~c~i~ this ~rttl~t for ~Jc~tt~ tn the ~ ADOPT THREE (3) RESOLUTIONS TO APPROVE 201 FACILITIES PLAN UPDATE FOR THE COLLIER COUNTY WASTEWATER MANAGEMENT PROGtL4.M, TO AUTHOR/ZE APPLICATION FOR A STATE REVOLVING FUND LOAN, AN'D TO APPROVE A PROCESS FOR P,.ESOLVING DISPUTES OB_Q_B___,__,__,__~_~: That the Board of County, Commissioners, as the Ex-Officio Goverrfing Board of the Collier CounW Water-Sewer District, receive public input on the District's Wastewater Management Program and approve a waslewater facilities plan and related documents as a precursor to qualifying for a Iow-interest loan. .~ONSIDEI~____.~TION~: Wa,';tewater planning work has identified the need to increase the capacity of our North County Regional Wastewater Treatment Facility from 8.5 to 13.5 million satlons per day. To address project funding, staff is proposing to obtain a 20-year lew-interes,, State Revolving iFund (SRF) loan. The SRF program, adrni,%/s~ered by FDEP, mak. es low-interest loans available to public wa.stewater utilities. The SR.F program is funded 80% federal, 20% state. SRF loans offer interest rates which are 3 percenlage points below currenl bond rates. A COml~azSson of debt sere/ce using ,~;RF funds compared to revenue bonds is provided in the attached 'Fables 9-5, 9-6 ,and 9...7. For the :~23.9 tnillion NCRWWTF Expansion project, an. SRF loan could save utility rate payers 510.7 million over the term of the borrowing as compared to bond financini~;. This equates to $8.57 savings per year per equivalent residential customer (. 7.,.3 .- 28.66 = 8 57~ Staff initiated thc loan t¢tm~.t process by submitting a Request for Inclusion on March 15, s.. 96. The request identified :ec]aim~ water reu.qe system expansions, wa, stewater collection t;ystcm improv~-:cnts a.nd the proposed NCRWVgX'F expansion. This request has be~n modified to target only the NCRWWTF Expamqion to facilitate tl,,e SRF application proce~. The three resolutio~s attach~ to this agenda item are needed to meet specific requirc'rnents of the SRF loan application process. 'this agenda item has a companion agenda item titled 'FundLng of the Collier County Waste, water Managemcn~ Program". Tkis advertised public hearing will be conducted in accordance with SR.F policies and procedures. The attached advertisemt,.nt was published 30 days in ad,.'as~ce of this hearing. A copy of the 201 Facilities Ph,,n Update has been available for public view/rig in the Clerk's office dUnng the advc'rtisement period. The three resolutions needed to support the FY 98 SRF loan application process are attached JUL 2 2 Executive Summary Page 2 1~I~~[~: In r~ogni6on of capital funding needs, staff and our Was'tewater Master Plan consultant recomm,md pursuing a iow-interest SRaV to construct thc NCRWWTF Expansion. Estimated project co~.s and loan coats are provided on the atlached tables. The ~,~'~'an~ual debt service on file lo;ua will be supported by pledged general utility operating revenues with sewer impact fees tx:Lng the actual planned funding source. ~C~~A~-T--I-Q_t~:: That the Board of County Commissioners, aa the Ex-Officio Governing Board of the Collier County Water-Sewer District, adopt the attached three (3) resolutions and authorize chairman to execule same aa follows: 1. Approve the 201 iFacilitJes Plan Update, 2. Authorize application for a Slate Revolving Fund loan, and 3. Approve a procest; tbr rc'~Iving disputes. PR-EPA.RED BY: Off~cc af Capital t'h'o)ects Managcruen! ~--E'~.~D ~,..____~~~~ D~ ~ ---- Pubhc Wor~s D6,~ion A~c~en~ cc: TUn Cle:~ona, Wastewater D:a'.-'clor Ed F/aa, Pubhc Worlo~ Opera rioas Dixector JUL FIIU~ICE DEPT. - TO~i MANLI~G PO iK~ &13016 NAPLES FL ~1D1-3016 REFERE#CE: 001~0 PO6~6391 57~13 #OTIE£ OF PUBL!C HEr l Its~. f~t further ~l~ that the ~lfd ~les Dally ~tter at the ~t office in ~plcs, tn sa, id Collier C~ty, F[orf~, for · prmt~ ~y ~r;~, fi~ or c~reti~ ~f~c~, r~ct, c~fslf~ or ref~ fer th~ ~r~e of s~urt~ this ~vertis~t f~r ~[tcati~ in the sm~d ~r. Pt.~LZSHED 0~: 06/20 TABLE 9-5 COLLIER COUNTY '~01 FACILITIES PLAN UPDATE FINANCING PLAN ~FOR SKF PROJECTS ITEM wrrH SRF FUNDS RE VEh'I~ B ON'DS BOP,, ROWING PROJECT COST (a) $23,926,200 ~ubtotal SKF Scrvic~ Fc~ (2%) (b) Capitalized I~:eres~ (c) Finance Finance CesLs-Revenue Bonds (e) P~r Amount o£ Loan ,~3,. 26,200 478.500 600,000 $25.722~5001 'Annual Debt Service (0 .. $1,7.96,800 Difference ~ Par Amo~t of Loan Annual Debt Se~/ce }~educ~iOn ' Deb~ S~i~ ~uc~ n-Total T.~rm of Bor~wlng (g) S2.7,660,300 S2,333~00 $1,937.800 · $53 ?,000 (a) Torm] co,~___ruction ~r.s including enginetr/ng aad ~n~g~, ...... ~ ~ zu mon~ ~ ~ ~4 ~ from }~ of ~wd~n to ~bs~fi~ ~mpk~om ~I~est ~es ~ ~t ~ o~y. ~e ~ ~ w~s ~ to have no ~pi~ (d) F~ ~a ~s of S~' debt ~i~ ~e ~~ of 3% of~l pmj~ ~t (e) ~ ~ f~hg ~su ~:Iu& 1~ f~ ~t ~ ~e pl~ 3.5% f~ ~hg si~ of (~ ~u~ ~bt S~i~ for S~ b~;~ on 20 ~ at 3.42 % Ln~t; ~nu~ debt ~i~ ~ b~ on 20 ~m ~s at 5.6 % ~) Sav~ ~ ~: ~i~ m~ ~ offset p~flly ifin~ f~v~ing is ~M m ~d mfi:~ pro~ ~ou~ S~ ~c~g ov~ a sp~ ofye~. .IU I. Z 2 lkC:7 TABLE 9-6 COLI,IER COUNTY 201 FACEL1TI~S PLAN UPDATE PHASE I ANNUAL COST OF SELECTED PLAN WITH SRF FINANCING- :..::.~i:':~- Cost~ Annual Debt Se~'ice for ,SRF Prcjects (a): $1,796,800 Divided by Customer 9asa Annua~ Cost Per ERLI 62,688 $28.66 Incrementat Operation and Maintenance Cost (c) ~ncremental Treatmen,, O&M. Cost Pet' ERU Total Annual Incremental" ~ ¢.,oM Per ERU $0 $0.,30 $28.66 (a) Taken ¢r,"..4'n TaDJe 9-4 (b) Customer SaSe~cludes estimated developed ERU's in the Collier Water-Sewer Distdm for~FY '1999. (c) ~ere am '~o In~emental operation & maintenan~ costs for Phase I, ~e P~s s~ys the same. JUL Z2 1S.97 t ,:.__E___ j TABLE COLLIER COUNTy 201 FACILITI3ES PLAN UPDATE PHASE ANNLJAL COST OF .SELECTED PLAN WITH BOND FINANCING Annua; Debt Service for Phase I Pro;acts: South County Regional Wa.~tewater Treafment Plant.(a) Total Incremenlal Debt Service b;r Phase I Divided by Customer Base (b) Annuai Cost Per ERU Incremental Operation and Maint~r~r~ce Cost(c) Jncremenm. J Treatment O&M Cost Per ERU To[al Anm~l Ir3crem~r~tal Cost Per ERU $2,333,8OO 62,,588 $0 $0.00 $37.23 (a) Annual Debt servi,:e if finammd by Bonds for Wastewater Improvements for Phase I. taken from Table ~c~-4. (b) Customer base incJudes estimated developed ERU's in the Collier Water- Sewer Distdct for FY 199;~. (c) There are no Jnc-.cemental operation & maintenance costs for Phase i, the pr2cess stays the same. ¸"0 I RESOLUTION NO. 2 RESOLUTION NO. CWS-~7 3 A RESOLUTION OF THE BOARD OF COUNTY 4 COMMISSIONERS OF COLLIER COUNTY, 5 FLORIDA, AS EX-OFFICIO THE GOVERNING 6 BOARD OF THE COLLIER COUNTY WATER- 7 S£WER DISTRICT, ADOPTING THE COLLIER $ COUNTY 201 FACILITIES PLAN UPDATE, 9 "¥/ASTEWATER SYSTEM EXPANSION I0 P$',OG RAM-, DATED JUNE 19~7, AS THE I1 PI,ANNING DOCUMENT FOR DEVELOPING THE 12 COUNTY'S F. XPANDED WASTEWATKR SYSTEM, 13 COMMITTING TO ADOPT A DEDICATED 14 REVENUE PLAN IN SUPPORT OF Tile 15 WASTEWATER SYSTEM EXPANSION PROGRAM, 16 AND AUTRORIZING THE APPROPRIATE 17 COUNTY OFFICIAL TO SIGN AND CERTIFY ALL l§ DOCUMEN'F~; NECESSARy TO DEVELOP THE WAS'FEWATER SYST£M EXPANSION AND TO 20 ASSURE COMPLIANCE WITH STATE 2i REVOLVING LOAN REQUIREMENTS, 22 23 WH'EREAS, the Board or' County Commissioners of' Collier' County, 24 Flor da. as Ex-Officio the Governing Board o£ the Collier Counly Water-Sewer 25 Dis ricE, has determined that the conslructior~ o~' the recommended WlSleWal~.r 26 Sy;tcm Expansion Program is in thc best interest of ~he welfare of its citizens. 27 and 28 WHEREAS, the Board ot' County Commissioners of Collier County. 29 Florid., as the Governing Body of Collier County and ~s E'~-Of'ficio the 30 Govcrn;~g Board of the Collier County W~er-Sewer District, have examined the 3: 201 Facilities PEnn Update for Collier County, dated June, 1997. prepared by 32 Camp Dresser & McKec lac. Engineers For thc Projech and have discussed the 33 resulls and rccoc~mendalions of lhe reporl at an advertised public hearing on Iuly 34 22, 1997. 35 NOW, THEREFORE. BE IT RESOLVED BY THE BOARD OF COUNTY 36 COMMISSIONERS OF COLL/ER COUNTY. FLORIDA. AS TilE GOVERNING ]? BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING 3~ BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, ~hat: 39 ~$..~. The Board of County Commissioners of Collier County as 40 Governing Body of Collier Coun,y and ,, Ex-O~cio the Governin, Bo,rd of ,he~~'~ Collier County Water-Sewer District (hereafter referred lo as Ihe 'County"), docs 2 hereby adopt ;he 201 Facilities Plan Update, attached hereto and incorporated 3 herein as Exhibit "A", as the planning document For developing the Wastewater 4 System Expansion. commltl to adopt a Wastewater System Expansion Program, S commits to adopt a Wastewater System Dedicated Revenue Plan in support o~ the 6 Wastewater Sys;tem Expansion Program, and authorizes ~he Public Works 7 Division Administrator as the appropriate county o~cial to si~n tad cerlify all documcms necelsary ~o develop the Wastewater System Expansion Program and 9 to assure complilnce whh the Stile Revolving Loan requirements. 10 ~. The County Public Works Division Administrator shall send thc I1 appropriate certified c~pics of this Resolution including ~xhibJt =A" attached 12 ~ereto to the Floridt D~partmenl of Environmenlal Proteclion as m~y be necesstry ~o a~cct the County application for State Revolvin8 Funds 14 ~CHo~ This Rt~olution shah become effecHve immedi,tely upon its ~doption 16 17 I$ This Resolution adoplcd this second and majo:.ity vote day of , 1997. after motion. 19 ATTEST 20 DWIGttT E BROCK. CLIERK 2i 22 23 24 25 26 27 28 29 Approved as to form 30 and legal aufT~ciency: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY. FLORIDA. AS THE GOVERNING BODY OF COLLIER COUNTY. AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRIC~~ Timolhy L. Hancock. Chairman 31 34 County Attorney 36 ATTACHMENT EXHIBIT A RESOLUTION NO. 9% RESOLUTION NO. CWS.97 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS EX-OFFICIO TIIE GOVERNING BOARD OF THE COLLI£R COUNTY WATER- SEWER DISTRICT, ADOPT'lNG THE COLLIER COUNTY 201 FACILITIES PLAN UPDATE, "~ASTEWATER SYSTEM EXPANSION PROGRAM', DATED JUNE 1997, AS THE PL&NNING DOCUMENT FOR DEVELOPING THE COUNTy'S EXPANDED WASTEWATER SYSTEM, COMMITTING TO ADOPT A DEDICATED REVENUE PLAN IN SUPPORT OF THE WASTEWATER SYSTEM EXPANSION PROGRAM, AND AUTHORIZING THE APPROPRIATE COUNTY OFFICIAL TO SIGN AND CERTIFY ALL DOCUMENTS NECESSARY TO DEVELOP THE WASTEWATER SYSTEM EXPANSION ANt) TO ASSURE COMPLIANCE '&'/TH STATE REVOLVING LOAN REQUIREMENTS. WHEREAS, thc Board of County Commissioners of Collier County. Florida, as E,~-O£ficio thc Governing Board o£ the Collier County V/acer-Sewer District, has deltrmined that thc construction of th~ recommended Wastewaz~r Sysi~m Expansion Program is in ~he best interest of Ihe welfare of ils citizens; WHEREAS. thc l]~oard of County Commissioners of Collier County. Flor da, a..' the Govern,ag Body o£ Coil:ct County and ts Ex-Officio the Governin,~ Board of the Coilicr Counzy Water-Sewer District, have exam/ned 201 Facilities Plan Update for ColHer County, d~ted June, 1997, prepared by Camp Dresser & McKee lac, Engineers for the PtojecL ~.d have discussed the results and recommendsHons oflhe report a~ an adverHsed public hearing on July 22. 1997. NOW, THEREFORE. BE IT RESOLVED BY THE BOARD OF COLrNTY COMMISSIONERS OF COLLIER COUNTY. FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT. that ,~¢'CtiOllJ.. The Board of County Commissioners of Collier County aa the Governing Body of Collier County-,nd as Ex-OFficio the Governing Board of iI~Z~CC~...~_) r," ... ?. ...... Collier County Water-Sewer District (hereaFter rererred to as the 'County"), does hereby adopt the 201 F~cilities Plan Update, attached hereto ancl incorporated herein is Exhibit 'A', as the planning document /'or developing the Waslew~ter System Expansion, commi~m lo adopt a Wm~tewmter System Expansion Program, commits to adopt m Walltwlltr 5yllem Dedicmled Revenue Plan :n support of ~mslewmttr System Expansion Program, ~nd au~horize~ the Public Works Division Administrator as the appropriate county o~cial ~o sign and certify all documents necessary ~o ~evelop the Wasttwmler System Expansion Program and %o assure compliance wilh Ihe State Revolvin8 Loth requirements. ~ T~e County Public Works Division Administrator sh~ll send the appropriate cerH~sed cop~cs of thi~ Resolution includinI E~hibil "A" mllmched hereto to ~he Florida D~partmtnt o~ Environmental ~rolection as may be nccess~r~ ~o affect the Coun~? mpplicalion ~or S~%t R~voiving Funds. ~ctJ~. This Resolution shati become effective immedialely upon ils adoption This ~csolut:o~ ~doplc~ this ~.~ d~y of ~~ 199~. ~ft~r motion. sccoed and majority vo~ AT'rEs']' DWIGHT E BROCK, CLERK BOARD OF CO!.JNTy COMMISSIONERS COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY, AND AS EX-OFFICIO THE GOVERNING BOARD OF' THE COLLIER COUNTY WATER-SEWER DISTRICT Approved as 1o form ~nd lega] sufficiency: County Attorney By Timothy L Hancock. Chairman RESOLUTION NO. 97- RESOLUTION NO. CWS-9?- A RESOLU'rlON AUTHORIZING APPLICATION FOR A STATE REVOLVlHG I:UND LOAN, PROVIDING ASSURANCES, ESTABLISHING i~LKDGED REVENUES, DESIGNATING AN AUTHORIZED REPRESENTATIVE, AUTHORIZING THE LOAN AGREEMENT, AND ESTABLISHING AUTHORITY TO U~DERTAKE THE PROJECT. WHEREAS, Florid~ S~at~tes provide for Ioan~ to local ~over~m~nl a~encies to finance [he construction ofwa~er pollution control facilities; and WHEREAS. the Florid~ Administr,tive Code requires aulhorization to apply for loans, to establish pledged revenues, to designate an authorized representative, ~nd to provide the assurances of compliar, ce w~lh loan program requirements; ~nd WHEREAS. 1he Bo,rd of County Commissioners of Coliier County. Florida. as Ex-O~cio the Gover~in8 Board of the Collier County Water-Sewer District. intends to enter into a binding loan agretm~nt with lhe Florida Dtp,r:mcnt o~ Environmcntsl Prot~clion for projccz funding NOW. THEREFOR]]. BE IT RESOLVED Ey THE 9OARD OF COUNTY COM~ISSION[RS OF COLLIER COUNTY. FLORIDA. AS EX-OFFICIO THE GOVErNiNG DOARD OF TH~ COLL]ER COUNTY WATER-SEWER DISTRICT, thai: is Ex.OC~c~o the GovernJn~ Board o~the Collier Counly ~*ler-SCwer D~lricl, is au~horize~ ~o ~ppiy ~or ~ loin Io ~lll~ J~ pro~ecl. ~. The revenues pledged ~or lhe ~ep*~menl o~the loan ,re the ~. The Collier Counly Public Works Division Administrator is ~esignaled ss the authorized representative Io provide the assurances and commitments requi~ed by the loan application Seciion R. A~ler approval by the County Allorney. tee Collier Courtly Public Works Division Administrator is authorized to execute lh~ State Revolving · c._ZL_., j ATTEST DWIGHT E BROCK. CLI:RK Fund loan asreemsnI which will become a bindins obiisation in accordance with its terms. · ~,.~. The Inllal aUlhority for borrowin,i moniel wasteweter system exp~nslon projecl in ~ccord~nce with the 201 Facilities Plan Update, deled June, 1997, Chapter [R-4~9, Laws ~ Florida, nnd Section 403.1135, Florida Sla~ule~. This Resolution .~dopled this~dayo~ ~ 1997, a~ter motion, second and majority vote. 8OARD OF COUNTY COMMISSIONERS COLLIER COUHTY. FLORIDA. AS EX-OFF]CiO THE GOVERNING BOARD OF THE COLLIER COUNTY WATeR-SEWER DISTRICT. ,,*.pproved as ~o uavid C .Veiget ./~,,, County Attorney BY: TIMOT.t'IY L HANCOCK, CHAIRMAN l 2 4 6 7 9 10 II 12 13 14 16 17 21 27 28 29 30 3! 33 34 RESOLUTION NO. 97. RESOLUTION NO. CWS-97. A RESOLUTION AUTHORIZING APPLICATION FOR A STATE REVOLVING FUND LOAN, PROVIDING ASSURANCES, ESTABLISJ~i lNG PLEDGED REVENUES, DESIGNATING AN AUTHORIZED REPRESENTATIVE, AUTHORIZING THE LOAN AGREI:M£NT, AND ESTABLISHING AUTHORITY TO UNDERTAKE THE PROJ;ECT. W~EREAS, ~lorlda Statutes provide for loans lo local ~overnment ~encies lo ~nance the con~truclion of water pollution control facilities; and WHEREAS, the Florida Administrative Code requires aulhorizalion to apply for Io~ns. to establish plcdsed revenue~, to designate an authorized represe~tative, and ~o provide the assurances of compliance with loan pro,ram requirements; and WHEREAS, the ~oatd of County Commissioners of Collier County. Florida, as Ex-O~cio Ibc Governing Board of Iht Coil{er County ~'a~tr-Sewer Disxtict, ir~tends ~e enle~ into a bindin~ Io~n agreement wh~ the Florida D:ptrt~enl of Environmental Protection for project funding. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, ~ha~: ~. ~he Board of County CommissJoncr~ of Collier County, Florida. as Ex-Or, cio the ~,overn~ng ~oa.r~ oF the Collier County Waler-Sewer Distr~ct. is ~uthorizcd to nppl~ for ~ Io~n t~ ~nancc the project. ~ciio0~. The revenues pledged for the repayment ofthc Io~n are the Collier County Water-Sewer District's sewer system user fees. S:ctlon ~.. The Collier County Public Works Division Adminislrator is designated as the ~uthor~zed representative to provide thc assurtnces and commitments rtqui;'ed b), the loan appHcaHon ~on~ After approval by thc County AIIorney. the Collier County Public Works Division Administrator is authorized to execute the State Revolving 15 16 17 20 21 22 23 24 26 27 25 29 30 32 33 34 3~ 36 37 38 3~ I Fund loan asreement which will become · bindinI oblilation in accordance with 2 its Icl'ma. ,,~. Tbeltlai ·ulbority (or bortowJn,I monics to construcl Ihe wastewaler system expiration project in accordance with the recommendations of the 201 Facilitie:~ Plan Update, dated Jun.-, 199'/, is pursuant to the provisions o~ Ch·peer 11-499, Laws of Florida, and Section 403. 1135. Florida Stalules This Resolution adopted this~day o~ _~ 1997, after motion, second and majority vote. ATTEST DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-,JEWER DISTRICT, ' Approved as to form · nd leg, al sufficiency; David C. Weillel County Attorney BY TIMOTHY L HANCOCK, CHAIRMAN I~E$OLUTION NO. RESOLUTION NO. CW$.~ST. RESOLUTION APPROVING A DISPUTE RESOLUTION PROCESS AS PART OF COLLIER COUNTY AND THE COLLIER COUNTY WATER-SEWER DISTRICT'S ADMINISTRATIVE PROCEDURES; PROVIDING FOR PROMPT CONSIDERATION OF ANY PROTESTS AND APPEALS OF ITS DECISIONS ARISING FROM THE COLLIER COUNTY WATER-SEWER DISTRICT'S CONDUCT OF ACTIVITIES ASSOCIATED WITH PLANNING, DESIGN, CONSTRUCTION, AND OPERATION OF THE STATE REVOLVING FUND LOAN FOR THE CONSTRUCTION OF 'THE WASTEWATER SYSTEM EXPAI~SION PROGRAM AS CONTAINED IN THE 201 FACILITIES I'LAN UPDATE, DATED JUNE, 1997. WHEREAS, th~ ~loard o£ County Commissioners of Collier County, Florida, as Ex-Officio the Govcrnin~ BoArd of tt~e Collier County W,fer- Sewer District, on luly 22. 1997 adopted a Reso;u:ion approving the Facilities ?lin Ul~datc, ~nd WHEREAS, the Bc~r4 of County Commissioners of Collier County, Florida, ss Ez-O~ci~ Ibc Governing Board oF the Collier County W~ler- Sewer Dis~ricl. on July ii. Ig97 n~opted Resolution No. 97- /Resolution No. CWS-97-_, _~ ~uthorizi.8 sn application for ~ St~c Revolving Fund Loin IO fin~nce Ibc ~onstrt~c~ion o1' Ihe Wnslewstcr System Expn.sion Program as contained in thc 201 F~cHiti¢:s PI~. Update. WHEREAS, the ~lorida D~p~rtme~t of Er~vironmemsl requires the local governin~ body ~o adopt n dispute re~olution process as p~rt of the doCumentation necessary to file with l~e Dislricl's ~pplication for a state revolving fund loan. NOW. THEREFORE. BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS EX- OFF]CIO THE GOVEKNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, that: ~. Thc Dispule Resol.tion Proc~s:s nll~ched herelo and incorporated he~cin as Exhibit 'A" is hereby i ~zr,.rd~..2.. Tl~i~ Resolution shall become effective immediately upon its &doptJon. Thai ReJolution adopted lhij ~y o~ , 1997, nRer motion, second ~nd majority ATTEST: ~OA~D OF COUNTY COMMISSIONERS DWIGHT E BROCK, CLERK COLLIER COUNTY. FLORIDA. AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER- SEWER DISTRICT Approved al to form and legn! aufT~ciency: By: TIMOTHY L. HANCOCK, CHAIPU~IAN EXIIIBIT '"A" DISPUTE RESOLUTION PROCESS FOR TIlE COLLIER COUNTY WATER-SEWER DISTRICT The Board of County Commissioners of Collier County, Florida. as Ex- Officio the Governing Board of the Collier County Water-Sewer Distrlcl (hereafter ref'erred to as "District"), has adopted these procedures for resolvi~lg any disputes arising from its activities associated with thc planning, design, construction, and operation oF facilities financed by loan from the Slate Revolving Fund authorized by Section 403.183S, Florida Statutes and Chapter 88-499. Laws of Florida I. Any person ~,,'ho can demonstrate that an improper action by the Districl in the above activities has caused, or will cause, a material adverse effect on such person shall file at the office of the Collier County Public Works Division Administrator. Collier County Government Center, Health Building (Building ti), 3301 East Tamiami Trail, Naples, Florida 34112, a ~rittef! protest ,within ten (10) calendar days of having become aware of such aclio. A copy ut'the protest documen~a:ion must be provided Io ~ny party which potentially woul4 be directly a~d 8dversel~ ~Cfected by the r~lief soughi ~nd lo ~he Counly AHorncy, Collier County Government Center, AdministrAtion Building, I's Floor. 3301 E&st Tsmiami T~sil. Naples, Floridi 34112 Any nolicc of protest filed *tier the de~dlineor not containing pBrls(l) through(e) of the following may not be c~nsidered: (~') The n~me ~nd ~ddress or the pro,ester; (b) A sl*lemenl de~cribin~ the ~ispu~ed ~csion ~nd giving re~so~s thnl Ihe action was believed improper. A statement describin$ how and when the pro~esler becnme aware o~the ~isput~d action. A It~lement of how the protesler is, or will be. adversely (c) (d) affected; (a) A stalement of the relief sou~lhl; (f') Any other information material to the protest Within seven (7) calendar days of receipt At' the protest, the Collier County Public Works Division Administrator may provide an opporlunily to settle Ihe protest by mutual agreement. The dispule may be resolved At fi formxl hearing as described herein. The Collier County Public Works Division Administrator shall, wilhin fourteen (14) calendar ds),s of receipt of the protest, scl i date, lime find place for the formal hearin8 to be held and said hearing shall not be held earlier than fourteen (t4) cslendsr days And ne inter than thirty (30) calendar days fif~ter receipt At the protest. ^'t the hearing the protester and/or the protester's legal counsel shall present evidence .,nd testimony s~ may~s~ qucs~ionl ofwitnessc~ The District's ::eprtsentalives, consultants, legal counsel a~,d witnesses may present testimony about lhe disputed action. Within ten (I0) calecdar deys of the conclusion of the hearing, the Collier County ~ublic Works Division Administra:o~ ~hall render a written decisior~ ~:long with tko justification of the decision. I~thg protcsler does not accept ~he propriety of thc Collier County Public Works Division Admmistrator'~ decision, i~ may appeal fo~ reconsideration by the Districl. The appeal must be received at Ihe o~ce of the County /~dminislrnlor wilhin five (5) calendar days a~er the decision is r~nd~red by the Collier County Public Works Division A,dministrAtor. The Appeal must contain the information provided in (Ifa) through (If), as sct forth herein, .,nd the justification for r~:questing reconsideration. The Cou, nty Administrator shall, within ~ve (5) days of r~ceipt of the appeal, designate a lime and / --.~. ~1 2 | ..;- ,~. ~ oppeaidocumentatlon must be provided to any party which polentially would be directly ~nd adversely affected by the relief' sought and to all parties that wars present at Iht l'ormalhefrin~. Al the meeting, t~e justification ~or t~e Collier County Public Works Division Adminislrator's decision shall be presented, and the petitioner and/or Ibc petitioner's legal counsel shall have Ihe opportunity Io present evidence and ~estimony. Decisions o~the District sh~ll be ~nal, subject to remedies at law. RESOLUTION NO. ~?-~ RESOLUTION NO. CWS-9?- 4 RESOI. UTION APPROVING A iDISPUTE RESOLUTION 5 PROCESS AS PART OF COLLIER COUNTY AND THE 6 COLLieR COUNTY WATER-SEWER DISTRICT'S 7 ADMINISTRATIVE PROCEDURES: PROVIDING FOR I PROMPT CONSIDERATION OF ANY PROTESTS AND 9 APPEALS OF 1TS DECISIONS ARISING FROM THE COLLIER 10 COUNTY W.~TER-SEWER DISTRICT'S CONDUCT OF I I ACTIVITIES ASSOCIATED WITh[ PI.ANNING, DESIGN, 12 CONSTRUCTION, AND OPERATION OF THE STATE 13 REVOI.VING FUND LOAN FOR THE CONSTRUCTION OF 14 TIlE ~¥ASTE. WATER SYSTEM EXPANSION PROGRAM AS 15 CONTAINED IN THE 201 FACILITIES PLAN UPDATE, DATED 16 JUNE, !~97. II WI-IEREAS, th~: Board o,e County Comrni~.sioners of Collier County, 19 Florida, as E×-OITsci~ the Governing Board of the Collier Count)' Water- 20 Sewer Di~,trict, on July 22, 1997 adopted a Resclution approving the 201 21 Facilities Plan Update, rand 22 WHEREAS, the Board of Coun:¥ Cornmi~,sloners of Collier County, 23 Florida., as Ev,-Ofl'tci~ Ihe Governing Board of ~he Collier Counly Water- 24 Sewer District, or: July 22. 1997 adopted R~o~ution No. 97. 25 /Resoluti~n No CWS-97- , ,.. ~uthotizi~$ ~n application for a Stale 26 R~volvini Fun~ Loan I~ fftn~nce lhe construction of Ibc W~s~ewater System 27 Expansion Program ~s centnined in the 201 Facilities Plan Update; ~nd 2~ WBEKEAS, the Florida Depsrtmenl of Environmental Protection 29 requires the ~ocsl governing body to adopt s disvote resolution process as 30 psr~ of the deeumen~stion necessary to file ~ith the District's ~pplic~tion 31 for a s;sle revolvin,g fund loan 32 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF 33 COUNTY COMMISSIONERS OF COLLIEB COUNTY, FLORIDA, AS EX- 34 OFFICIO TIiE GOVERNING BOARD OF THE COLLIER COUNTY 35 WATER-SEWER DISTRICT, ths~' 36 ~. The Dispute Resolution Process a~ched hereto and 37 incorporated herein as Exhibit 'A" ls hereby approved 1 6 ? 9 10 11 12 14 16 17 19 2O 21 22 23 2,4 26 2? 29 3,0 .31 ;]3 .36 .37 ~.t,t,.tian 2. its adoption. This ~.esoluL~on adopled Ihis . a~er motion, seco~ and majority vote. ATTEST: DWIGHT E. BROCK, CLERK This Kesolutiofl shall become effective immcdill¢ly upon day of , 1997. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER. SEWER DISTRICT Appro'~ed ~ to form and legal s,,fficienc)': TIMOTI,IY L. HANCOCK, CHAIR.MAN D~vid C. Wailful Coul'~ty Attorney 1 2 3 4 6 7 $ I0 11 12 13 14 17 18 19 20 2t 22 23 ~4 25 26 27 28 29 30 31 32 33 EXHIBIT DISPUTE RESOLUTION PROCESS FOR THE COLLIER COUNTY WATER.SEWER DISTRICT Thc Board of County Commislioners of Collier County, Florida. as Ex- Officio the Governing Board of the Collier County Water. Sewer District (hereafter referred to as "District"). has adopted these procedures for resolving any disputes arising from its activities associated with the planning, design, construction, and operation of racillti:s financed by a loan from the State Revolving Fund authorized by Section 4031835. Florida Statute~ and Chapter 88-499. Laws of Florida. 1. An) person who can demonstrate that an improper action by the Dis:trice in th,' above aclivities has caused, or will cause, a material adw:rsc ¢lTect on such person shall file at the office of the Collier County Public Works Division Administrator. Collier County Gosc:nrnent Center, Heahh Building (Building H), 3301 East Tan',iami Trail. Naples, Florida 34112, a written protest within ten (10) calendar days uf having become aware of such action. A copy o£ tire protest documentation musl be provided to any party which potentially would be dir~cHy and adversely ~ffected by the relief sought and to the County Attorney, Collier County Government Center, Administration ,Buildin3. 8's Floor. 3301 Fast Tamiami 'l'r~'il. Naples. Florida 34112 /',ny ~otice of protest filed after the deadline tar not containing parts (a) through (e} of the following may not be considered: (a) The name and address o£ the protester; (b) A statement describing the disputed action and giving reasons that the action was believed improper; (c) A statement describing how and when the protester became awa~e of the disputed action; (d) A statement of how the protester is. or will be. adversely affected; I 2 4 6 7 9 l0 Il 12 1,4 16 18 20 21 22 2~ 29 (c) Ast. atement of the relict' aousht; (f) Any other information material to the protest. Witl~in seven (7) calendar days o1' receipt of' the protest, thc Collier County Public Worka Division Administrator may provide an opportunity to settle the protest by mutual agreement. The dispu'te may be rcaolved at a formal hearing as described herein. Thc Collier County Public Works Division Administr.Hor shall, within fourteen (14) calendar days of receipt of the protest, set a date, time and place for the formal hearing to be held and said hearing shall not be held earlier than fourteen (14) calendar days and no later than thirty (30) calendar &ayl at,tee receipt of the protest. At the hearths the protester and/or the protester's legal counsel shall present e',,'idence and testimony and may ask questions of witnesses Thc District's reprcsen~t:ive~, consultants, legal counsel and witnesses may present testimony about the d;sputed action Within ten (10) calendar days of the conclusion of the hearing, thc Collier County Public Works Division Administrator shall render a written decis;on alon8 ',vhh thc justiRc..tion of Ihe decision Ir'the pro~est~:r docs not accept the propric~)' o[thc Collier Coun[y Public Works D~vi~ion Adminis[rator's dc~is~on, i~ may appeal fo~ rcconsidtrslio~ by ~hc District The appeal must be received al the office of lhe Co.nly Administrator wilhln ~ve (S) calendar days rifler the decision is rendered by Iht Collier County Public Works Division Adaiinis~r,tor. The appeal mus~ cont,iniheinformation provided in (la) throuBh (10. as scs for[h herein. ~nd the jusH~cation for " tequestin~ rtconsidcr~Hon. The Count)' Administrator shall. wilhin ~w: (S) days o[receipt of the appeal, delig~lzle ~ time ~nd pirate for a public meetin8 or thc District mt which the app*~l i~ to 2 I - ~ ,.. 6 ? 8 9 10 11 12 13 15 !? 18 19 20 21 22 23 26 27 28 29 30 34 appe-I documentation must be provided to any party which potentially would I:,e directly and adversely alTcclcd by the relief sought and lo all parties that w.ere present at the formal hearing, At the meeling, the jus~ificttion for the C,')llicr County Public Works Division Admlnlstrator's decisio~ r, hall be presented, and the petitioner and/or the petitioner's legal counsel shall have the opportunity to present evidence and testimony. Decision, s of the District sh~l be final, subject to remedies at law. E!XECUTIVE SUiMhlAI~,~ PETITION NO. V-97-5, ANTHONY PIRES OF WOODWARD, PIRES & LO~4BARDO, P.A. REPRESENTING NICHOLAS J. & GAETANE C. DESANTE, REQUESTING AN AFTER-THE-FACT VARIANCE OF 3.2 FEET FROM THE REQUIRED SIDE YARD SETBACK OF 30 FE!ET TO 26,8 FEET FOR AN EXISTING SINGLE FAMILY RESIDENCE LOCATED AT 571 CARICA ROAD IN PiNE RIDGE EX'qENSION SUBDIVISION. The petitioner is requesting the above described vadance in order to mr'~ve the existing setback violations caused in 1987. !n 1987 the th~n owner of this prope~, obtained a building permit to build en attact-,ed garage on the property (Permit f) 87-00713). Th~ application showed the r~c:uired 30 foo~ side yard setback. 'l'h~ i~uirdlng Pem~tt contained a note s+.ating 'no inspection required", and therefore, it was never inspected. The garage as buiit, con. ins ~ 3.2 feet side yard encroachment. The p~perty sir~ce, was sold twice, once in 1993 anti fc, r the second time in 1997. The new owners noticed the encroachment and applied for this variance. The. Col{ier Count,/Plan;ting Commission revk~wed this :~etition on July 3, 1997 a,~. by a vote of 8-0 recommend6d app¢~vsl. ' Nono. None. Stall's analysis indicates that the pe~ioners property is located outside an ama of historical end arc,haeot~lical probability as referenced on the official Collier County Probability Map. The~fcre, no Historic. si/Archaeological Suwey and Assessment is required. i ,JUL ~ g 1997 PI- ~ .P_J.A_t,~NG COMMIS:SlON RECOMMENDATIO~ That the Board of ZoninG App~;al$ approve V-97-5. PREPARED BY: CHAH~%AM BADAMTCHIAN, F'h.D,, AICP SEI'~IOR PLANNEI~ DATE REVIEWED BY: ?_~_~_~_~-.__.=_~ .... ___. ?-~ ~-- ROBERT J. MULHERE, AICP, MANAGER DATE CURRENT P~NNING SECTION DON~L D W. A~[NOLD, AICP, DIRECTOR P~NNtNG SERVICES COMMUNI~ DEVelOPmENT & E~I~NM~AI. SERVICES !JUL g 2 1997 AGENDA ITeM TO: FROM: DATE: RE: MEMORANDUM COLLIER COUNTY' PLANNING COMMISSION COMMUNITY DEVELOPMENT SERVICES DIVISION June 2, 1997 PETITION V 97-5 AGENT/APPLICANT: Agent: Anthony P. Pires, Jr., Esq. Woodward, Pires & Lombardo, P.A. 601 Laurel Oak Ddve Naples, FL. 34108 Own~, Nicholas J. & Gaetene C. DeSante 571 Cadca Road Naples, FL. 34108 The petitioner Js requesting an after-the-fact vadance of 3.2 feet from the r{)quired side yard setback of 3(1 l:eet to 26.8 feet for an ex~sting single family ~esidence. The subject property i.,, located at 571 Cadc~ Roa, d and is further described as Lot 18, Block 'R", Pine Ridge Extension Subdivision in Section 3, Township 49 south, Range 25 east, Collier Count3,, Florida. EI~,~~:].QN OF PRO,[EC~: In 1987 the then o~mer of this property obtained a building permit to build lin attached garage on the property (Pem~it # 87-00713). The application showed the ~equired 30 f(x;t side yard setback. The Building Permit contained a note stating *no Inspection required", and there'ro~e, it wes never inspec'ted. The garage as built, contains a 3.2 feet side yard encroachment The property since, was sold twice, once in 1993 and for the second time in 1997. The new owners noticed the encroachment and app;ied for this variance. -1- NO. ~ 'JUL 2 2 1997 i! OF ~tExJCO JUL 2 ?~ Pg. SURROUNDING ~lO U,~,.E AND_Z~ Existing: -Single Family Residence, zoned RSF-1 Surrounding: North -Single Family Residence, zoned RSF-1 East -Single Family Residence, zoned RSF-1 South -Single Family Residence, zoned RSF 1 West -Single Family Residence, zoned RSF-1 HISTO RIG/ARC HAE!OLOC~u~L_[~ 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. ~E.QR i~LV~A L ,._T RAN S P O R_T~]'IQJ~LA_t~ ~FRASTRUCTUR_~: Approval of this variance request will have no effect on infrastructure, transportation or environment. Section 2.7.5 of the Land Development Code grants the authority to the Board of Zoning Appeals to grant variances. The Planning Commission is advisory to the BZA and utilizes the prov;sions of Subsection 4)(a) through (h) which are general guideiines to be used to assist tl3e Commission in making a determination. Responses to items (a) through (h) of Subsection 11.1 4) are as follows: Are there speci~l conditions and circumstances existing which are peculiar to tho location, size end characteristics of the land, structure, or buliding Involved? No, there are no circumstances or conditions peculiar to this site. b. Are there special conditions and circumstances which do not result from the action of the applicant such aa pm-existing conditions mlaflw~ to the property which il~ the subject of the variance request? Yes, the applicants purch;~sed a house which was built with proper permits. c. Will a literal intorpretatlon of the provisions of this Land Development Code work unnecessary and undue hardship on the applicant? -2- 'JUL 2 2 1997 Yes, if this violation is not removed, the only alternative will be to remove the part of the building encroaching into the required yard, which will cause hardship on the applicant. Will the vad~lnce, tf granted, be the minimum variance that will make possible the reasonable use of the land, building or structure and which promote stan¢lards c,f health, safety and welfare? Yes, this vadance is the minirnum vadance that will remove the existing violation. Will granting the v&rtance requested confer on the petitioner any special privilege that t~i denied by these zoning regulations to other lands, or structures in the same zoning district? Yes, this vadance will allow the petitioner to have a setback which is less than the required setback for the district. However, this variance, if granteO, will only remove an existing violation. Will granting the variance be In harmony with the general Intent and purpose of this Land Dovelopment Code, and not be injurioul to the neighborhood, or otherwise detrimental to the public welfare? No, granting of this vadance will reduce the amount of the required side yard which will not b$ in harmony with the general intent and purpose of the LDC. However, approval of this request will not be injurious to the neighborhood or detrimental to the public welfare. Are there natqrai conditions or physically induced conditions that ameliorate the goals and objectives of the regulation such as natural preserves, lakes, golf coumes, etc.? Yes, the property in question is zoned RSF-1, and is surrounded by properties with the same zoning designation. This zoning disb-ict requires a 30 foot side yard setback. The existing residence on the adjacent lot (Lot # 17) is built approximately 60 teat f~3m the property line. Therefore, there is an almo,,;t 90 feet vegetated buffer between the two residences. W311 granting the vadance be consistent with the Growth Management Plan. Approval of this variance will no'. affect or change the requirements of the Growth Management Plan. -3- ,NO. ~ JUL g 2 1997 ~TAFF RECOMMEND. A,TJQ]~ Staff recommends that the CCPC recommendation for approval. forward Petition V 97-5 to the BZA with a PREPARED BY: CHAHRAM BADAMTCHIAN, Ph.D., A1CP SENIOR PLANNER ¢ ?-[ 1'7 DATE (/~,REV,~WE D BY: '~::~OBERT J. MUL~iERE:., AICP, MANAGER DATE CURRENT PLANNING SECTION DONALD W. A~N~LD, AICP, DIRECTOR P~N~G SERVICES VINCENT A. CAUTERO, ADMINIST~TOR DATE COMMUNI~ DEVELOPM~, IT & ENVIRONMENT~ SERVICES DATE Petition Number: V-97..5 Staff report for July 3, 'I 997 CCPC meeting. This Pe~on has tenta~ely been scheduled for July 25,1997 BZA Public Headng. Collier County Planning C~,~ion: MICHAEL A. DAVIS, CHAIRHAN JUL RESOLUTION NO. 97- RELATING TO PETITION NUMBER V-97-5, FOR A VARIANCE ON PROPERTY HEREINAFTER DESCRIBED IN COLLIER COUNTY, FLORIDA. descrllDed as: * WMERF2~S, the Legislature of the State of Florida in Chapter ~0 125, Elorida Statutes, has conferred on all counties in Florida the 11 power to establish, coordinate and enforce zoning and such businels 12 regulations as are necessary for the protection of the public; and 19 }~HEREAS, the County pursuant thereto has adopted a Land 14 Development Code (Ordinance No. 91-102) which establishes ls regula[lons for the zoning of particular geographic divisions of l~ the County, among which is the granting of variances; and 17 WHERLiAS, the Board of Zoning Appeals, being the duly elected 1~ cons~itut~%d Board of the area ~ereby affected, has held a public 1~ hearing after notice as in said regulations made and pro~ded, and 20 has congidered the advisability of a 3.2 foot variance fro~ the ~1 required 30 feet sloe yard se%back to 26.8 feet as shown on the 2~ attached plot plan. Exhibit "A", in an RSF-1 zone for the property 2~ hereinafter descrlbed, and ha.s found as a matter of fact that ~4 ~ati~factory provision and arrangement have been made concerning ;5 ~11 applicable matters required by said regulations and in ~ accordsnce with Section 2.7.5 of the Zoning Regulations of ~aid =? Land D.-velopment Coos for the unincorporated area of Collier ~ County; and 2~ W~ERE~.S, all interested parties have been givan opportunity ~o ~0 ~e heard by this Board in public meeting assembled, and t~e Board ~1 having considere¢* all matters presented: ~2 N,)W THE}tEFORE BE IT RESOLVED BY THE BOARD OF ZONING APPF. ALS of 3'~ Collie~ County, Florida, that: ~4 Tise Petition V-97-5 filed by Anthony P. Plres, Jr., of ~$ Woodward, Pires & Lon~bardo, P.A., representing Nichol&s J. OaSante 3~ and Gait&ne C. DeS&nra, with respect to the property hereinafter ~7 ~°'/~-~ 'JUL 2 ~ 1997 2~ Lot 18, ~lock ~, Pine ~ldge £xtension, reco~d,ad in Plat Book 3 Pages 51 thru 51E, of the Public Records of Collier County, Florida. be and the same hereby is approved for a 3.2-foot variance fromm the rsqulred 30 foot side yard setback to 26.8 feet aa ahown on the attached plot plan, Exhibit 'A#, of the RSF-! zoning district wherein said property is located. BE IT RESOLVED that this Resolution relating to Petition Nun~er V-97-5 be recorded in the minutes of this Board. This Resolution adopted after motion, second and majority vote. Done this day of 1997. ATTEST: BOARD OF ZONING APPEALs ~WIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA ?IMOTHY L. HANCOCK, C~AIRMAN APPI~OVED AS TO FORM AND LEGAL SUFFICIENCY: MARJo~IE M. STUDENT ASS][$TANT COUNTY ATTORNEY -2- 'JUL 2 2 1997 LOT 4 BLOCK PETITION A-97-3, R. BRUCE ANDERSON, OF YOUNG, VANASSENDERP & VARNADOE, P.A., REPRESENTING ULTIMATE LAND TRUST, JAN~3ES R. COLOSIMO, TRUSTEF., REQUESTING AN APPEAL TO THE BOAP, D OF ZONING APPEALS. OF INTERPRETATIONS 1-96-7 AND 1-97-1, TO PRESERVE RIGHTS AND S'F.~NDING AS A SUBSTANTIALLY AFFEC~FED PAR'FY IN CONSIDERATION OF TIlE ABOVE ADMINISTRATIVE INTERPRETATIONS IN WHICH THE COLLIER COUNTY PI,ANNING SERVICES DEPART, HENT DIRECTOR FOUND THAT RESIDENTIAL PLANNED UNIT DEVELOPI~,~NTS AT A GROSS DENSITY OF ONE DWELLING UNIT PER FIVE ACRES WITHIN THE AGRICULTURAI,/RURAL DESIGNATED LANDS OF THE FUTURE LAND USE MAP ARE CONSISTENT WITIt THE GROWTII MANAGEMENT Pl.,AN. OBJECTIME: The objective of this request is :o have the Board of Zoning Appeals consider an appeal of ~m administrative interpretation render~t by thc Planning Services Department r)ir,:ctor. CONSIDERATIONS: On December 2, 1996, thc Collier County Pl~mning Services Departmenl Director issued a fore, at inle'rpretation concerning the ability to rezone property located outside the urban boundary tea residential plam~eA unit development (PUD). in consideration of this interpretation, staff reviewed the Agricultural/Rural De::ignation language in the FuVare Land Use Element of the Grow'ah Managcmea.'. Plan and the P!.)~ zoning district requirements outlined in the Coil/er County I.and Development Code. The applicant initially also requested an interpretation relative to provision of central water and sewer facilities to a residential PUD outs/3e thc urban boundary. This portion of the interpretation r,.quest was subsequently defaced as an inteCretatio~ to be determined in conjunction with a specific rezoning request ;md is therefore not a consideration in I.-96-7. The Agricultural/R:tral land use designation applies to those areas shown in white vn ~e Futm'e l,m~d Use Map a~d a,-e b'pically remote from the existing development oattern, lack pubhc facilities and services, are enviromnemally sensitive or ate in agricultural production, l, Jrbm,~;,7.,atior~ i$ not promoted, therefore, allowable land uses are of lox,,' intensity with enly a limiteat number of uses permitted in addition to low density residential and a~7~culmre. 2'he AgriculmralfResidenfial Subdisn'ict's purpose is to protect and encourage agricultund activities while providing for tow density residvntial use in outlying areas. Residential land uses may be allowed at a maximum densi' 'of one unit per five gross acres. The Plan is not specific as to zoning districts permissible in the AgriculturaVt'~m-al desigmated lands, although the Plan does at least contemplate commercial and indus~al projects under criteria, which obviously would require a subsequent commemial zoning action. With respect to the specific interpretation regarding a residential PUD zoning in this area, staff did review Land Development Code Section 2.2.20, P~t~tt~,~i4~£~' JUI. 221997 Development District. :['he stated purpose of lifts district is to provide slandanis and procedures to encourage mixed developments at appropriate locations or non-mix~ use projects in the urban fringe areas. It is further the intent of this district to encourage ingenuity, innovation and imal,dnation in the planning, design and developmenl of tracts of land. The district does not specify in any way whether this zoning district is to be restricted to only the ~arban designated areas of the County, but only that the district must be in compliance with the provisions ofthe Growth Management Plan. According to County records, one PUD cturently exist~ within the Rural/Agricultural designated lan&~. This project is the Warren Brothers PUD, wltich is an earth mining and industrial PUD located east of the Golden Gale Estates and south of V~qfite Bouleva~xl. Relevanl policies of the Future Land Use Element include: Policy 5.6: Permit the uae of clu. xter housing, Planned Unit Development techniques and other innovative ap?roaches to conserve open space, and environme~ttally sensiti,v areas. Amend the zoning and subdivision reg'Mations as necessa~7 to allow innovative, land development techniques. Policy 5.3: Discourage unacceptable levels of urban sprawl in order to minimize the cost of community, f atilt:its by confining urbcm intensity development to areas desi&mared as Urban on the Future .Land Use Map and by requiring that any changes to the Urban Designated Areas be contiguous lo an ~isting Urban Area boundao,. Additionally, the Conservation at~d Coastal Management Element states: Policy 6.2.13: />rop.vsed d~'elopment on parcels containing viable naturally functioning fi'eahwater wetlcm& shall cluster development to maintain the largest contiguous wetland area practicable and shall be designed to disturb the least amount of native wetland vegetation practicable and to pre.~erve thc pre-development hydroperiod. Based on a review of the Grma~th Management Plan and Land Development Code, staff interpreted th~t a residential rezoning in Iht £orm of a PUD is hal p.mlaibited in the Rurab'Agriculmral designated lands of the Furore l~nd Use Map, and that such a residential development may be proposed subject to the maximum gross dermity o£ one dwelling unit per 15ye gross acres. Staff has determined that the Growth Management Plan does not establish minimum lot size requirements; therefore, the one dwelling trait per five gross acre requir~.'mmt does not require a minimum lot size of five ~cres lo be consi.qtent with the Growth Ma~zagement Plan. The gross project density can not be directly translated to a minimum lot size requirement. Minimum lot size requirements are merely a component ora zoning district's development standards. JUL P, g 1997 Division 1.6 of the Land Development Code states that the Board of Zoning .~q:~peals shall ~ ~ su~ to m~fy or ~j~t the Pl~ng ~d~ or that ~e ~;~fion is ~n~ to the ~ Managm~t PI~ Fumm ~d Use M~, ~e t~e ~f Offici~ ~ning Atlas, or Building C~ w~ch~ ~lic~lc. The applicant bas objected to the request for intexpr~tation and filing of the appeals relati~,z to 1-97-1 on the grounds that the parties fihng the interprte, afion rtxiue~ ar, d sppeals (A-.97-4 and A-97-5) do not have standing btr. ause they ~'~ not prop~y c,wners nor have they identified how they are an sff<ted pm'ty in order to have standing, nor have they specified any grounds for lheir ~ppeal. lrlSC~L iMPACT: Ti,2s aFl>:.al has no ~i~.t fiscal imp~c~ to Coliicr Co~mty. Should the .~¢eel be upheld, ii is p~ob'.u'qe th:at resid .~..ti~i develc~,m~t wili occur and resulting building end impact fees will be F.a/d m Coilic~r Coun~t. M~g~en~ Plan *md Lm~d ~:velo~t C~c m~ be b~ on a ~nh~y M · the Grt~h Mmag~t PI~-~. ~c Gmat%b. Mm~agm~mt PI~ ~r~ist~cy i~uc ~ ~ ~~ Lu hhe Ex~utive S,~m~D' mid ~s~ v~ inl~fion. RECOMI~NATION: Th~! thc Bo,~rd of Zoning At:~ds uphold '..he Pkaming Services D/rec:or', ime,'pr~ation tl...~t r~idcntial PUD's ~t ~, m~.ximum gro.,i~ density m: one dwe,'_~ing unit per five ~m,; arc lxrmi,~ible in the Rv.r',d,'Agricultm~.l D~ignat~l Lazds of the Fmure Land Usc Elemem a:~d Map. Pr~ a,m~l by: Donald W. A_rr, old, AICP, Director Planrfing Services D~,artment D~tc Revieg'~ by: Vincent A. Cautero, Alrrfin/sm~to~, Community Developrr..ent & En,,iron_mental Services Division Date JUL 2 2 1997 _ h=- -'-% ~i YOUNO, VAN .A,,~$ENI)~'HP ~ VARNADOE, P.A. ATTO~tNtrYS AT LA~f Naples June 10, 1997 VIA HAND DELIVERY Donald W. Arnold, AICP Planning Services Director 2800 North Hor~shoc Drive Naples, FL 34104 RE: Appeal of Interpreutions 1-96-7 and 1-97-1, PUD Zoning in the Agrhulmml/Rural D~signated Lands of thc Collier County Future 'Land Use Map Dear Mr. Am. old: Please. find enclosed a check in the amount of $200 as the appeal filing fee for the above referenced matter. ]'his appeal is filed on behalf of Ultimate Land Trust, James R. Colosimo, Trustee, the owner of the lands which are the subjeci of Petition ,fPUD-97-3, TwinEagles Golf and Counu.'y Club. The ~terpreutions referenced above crux:em the same issue and should be consolidated for appe:al purposes. Our sole purpose in filing this appeal is to preserve our hghu and standing as a subsuuaially affected party, so that in the event that either the Collier Coumy Audubon Society, the Florida Wildlife Federation, Ihe Conservancy of Southwest Florida, or any other person files an appeal concerning the subject matter of these interpretatiom, that my client may fully an,t adequately participate in the apl~:al hearings. In the event that the time for filing an appeal on this issue expires and no appeal has been fried, we will withdraw our appeal. Attached hereto and incorporated by reference herein is a copy of my May I, 1997 letter to you and Assistant County. Attorney, Marjorie M. Student objecting to the request for interpretafioe that re~lted in the is:,'uance of interpretation 1-97-1. We reiterate the objections zontained in the May I letter as a part of tiffs appeal. JUL 2 2 1997 LETTER: Donald W. Arnold, AICP SUBJECT: App.! of In~rpre~tio~ 1-96-'? ~ 1-97-1, PUD Zoaing in the Agricultural/Rural Designated Lands of the Collier County Future Land Us~ Map DATE: June 10, 1997 PAGE: 2 Should you have ar~y questiom, please do not hesi~te to contact me. Thaak yc~u. Sinceruly, R. Brace Anderson Enclosure as stated cc: Max~otie M. Student, Esq., Assistant County Attorney, w/enclosures Ultimate Land Trust, w/enclosures JUL 2 2 1997 YOUNG, ,'MN ASSENDERP & VARNA_ DE, P.A. A'rrORNEY$ AT LAW Reply to: R. Bruce Anderson T~th4 O. auford Dav~ B. E~w~ C. l.,eurerme Keeaey Andrew I. $ol1~ Rey C. Y~ng Wliliam J. Robertt Of Cour~el Marjorie M. Student Assistant County Attorney 3301 Tamiami Trail East Naples, Florida 34112 Naple~ J ECEtVED May 1, 1997 QaI~'a Hal 225 South Ad~rr- Post Oft~ce Box T~ha~s~. ~a 3~02-I~33 Ta~pho~ It~) 2~-7206 SunTn~t 801 ~u~ Oak PoBt ~t Box 7~7 Teaphone (~41j 6aT-2814 Donald W. Arnold Planning Services Director 2800 North Horseshoe Drive Naples, Florida 34104 Re: Interl~reta~sion 1-96-7, PUD Zoning in the Agricultural/Rural Designated Lands of the Collier County Future Land Use Map Dear Ms. Student and Mr. D~rno].d: It has come: to my attention that on or about April 9, 1997, a recA:est foz interpretation wa~ filed by the Collier County Audubon Society, the Conservancy of Southwest Florida, and the Florida Wildlife Federation. This interpretation request asked the same ~estion that was previously addressed in response to an interpretmtion request that I filed in October 1996. Mr. Al-hold responded to my iIlterpretation request cn December 2, 1996, in the form of Interpretation No. I--96-7. The pu~-pose of this letter is to put the County on no~.ice that urf client, Ulitimate Land Trust, for whom the Interpretation 1-96-7 was sought, has acted in reliance upon Interpretation 1-96-7 and incurred substantial expenses in reliance upon that inte/1D]:etation. Further, we object to these organizations requesting a.n interpretation on an issue that has already b~en addressed and for which the appeal period has long since expired. Additionally, would point ouc that these organizations, with the possible exception of the Con~ervancy of Southwest Florida, do not have ~tanding to requ~st an interpretation under Section 1.6.2 of the Collier County Land Development Code. The requirements to initiate an inteI~retation are that one must be an "affected person, resident, developer, landowner, government agency or department, or any person having a contractual interest in land County.. It is my understanding that the Conservancy d6e. ' JUL ~2 1~7 MarJorie M. Student Donald W. Arnold May 1, 1997 Pa~e 2 as a "landowner", but the other two organizations do not. Neither do these two other organizations qualify as a "resident", nor do they provide any factual basis to qualify as an "affected person". We would appreciate your response to the foregoing objections prior to issuance of any interpretation to those organizations. Should you have any questions, please feel free to contact me. Thank you for your attention to this matter. Sincerely, R. Bruce ~nderson JUL ~ ~ 19~7 VIA HAND DELIVERY October 16, 1996 Mr. Donald W. Arnold Planning Services Director Collier County Development Services 2800 N. Horseshoe Dr. Naples, FL 34104 RE: Request for Collier County Growth Manacement Plan Residential PUD in Agricultural/Rural A~ea Dear Mr. A~-nold: RECEIVED OCT 16 Interpretation, This letter and the enclosed check in the amount of one hundred dollars ($100.00) are for a Collier County Growth Management Plan ("GMP.) general interpretation request filed purEuant to Section 1.6 of the Collier County Land Developmen~ Code. A client is desirous of applying for a residential p Development C "PUD" ) rezone A_gricultural/Rura · ._ . _of propert _ la~.ned Unit ~'ount 1 ~n the Future Land Us Y that__ .iu desi at y GMP. The density ~ -=_ e Element ("FLUE,~-~-~ -g?. ed = ~ une rezoned n-~.., ..... ' u~ one CoLlier FLUE limi~ation of one (1} unit per five gross acres. Water and sewer r--~=~uy woulQ not exceed the service would be provided by connection to existing central water and sewer systems. The interpretation request is for confirmation that such a PUD rezone is consistent with the GMP. In support thereof, I would point out the following listed factors: ~ In the Urban Botundary Study Prepared by the Growth Pi Department (now Long Range P1 Future Land Us- -- .... anning), whi~ : .... annin~ = ~:ment as A Dendi h _~___.~" ~ lncluded in t P_ x _, w~=nnzng staff re ...... he reduction of the bothndaries of the then Urban Area and redesignattng those lands as Ap-r!cultura1 Rural and deleting them from the Urban Area. As part of nheir recommendations in the Urban Boundary Study, which wa.s, ultimately approved by the County Commission, the study states wi~h respect to Agricultural/Rural Areas that a rural densi'ty of one unit for f.ive acres was recommended and that JUL ~ ~ 1~g7 LETTER: SUBJECT: DATE: PAGE: Mr. Donald W. Arnold Request for Collier County Growth Management Pi~ Interpretation, Residential PUD in Agricultural/Rural Area October 16, 1996 2 "Clustering of homes should be allowed and encouraged to provide open space, concentrate private c.antralized public facilities and protect environmental sensitive areas.. To that end, FLUE policy 5.6, which applies generall not the Urban Area, states. ,pe~ ~ .... - .... Y just to ~,,,~ ~ne u~e o~ cluster housing. Planned Unit Development techniques and other innovative ' con~e~-ve, open space and environmental~ ...... ~-~- approaches to · ' . · . 'z ~=~uxu~ve areas. Amend the ~on~n~ the subdivision regulations as necessary to allow innovative Land developmen~ techniques.,, The text for th.~ Acricultural/Rural designation in the FLUE states that "Residential ~and uses may be allowed at a maximum density of one unit Der five gross acres.. Further, open space and recreational uses, essential services as defined in the zoning ordinance, and utility facilities are all specifically listed as uses that are permitted in the Agricultural Rural Area in addition to low intensity, !ow density residential uses. Section 2.6.27 of =he Land Development Code which addresses cluste4 development provides that cluster development may be utilized in PUD districts. Secticn 2.2.20 of the Land Development Code does not limit the PUD form,, to only the Urban Area. Thank you for your attention to' this matter. questions, please give me a call. Should you have any Sincerely, R. Bruce Anderson RaA/lkm 3 *I~A~J~3LD. L~q COLLIER COUNTY GOVERNMENT DEC - 6 1996 COMMUNITY DEVELOPMENT AND ENVIRONMENTAl, S~RVlCr~ I~E!iSlON Code Eaf~cemem (94 D 6434440 H~n~ ~ Ur~n Impc~m (94 I) ~34)~ Nirurd ~ (941) 7~2.250~ ~llut~ ~ ~411 732-2502 2800 N. HORSESHO~ DR.I~E NAP[ES, FL 34104 A C~J~rll~%0 BLUI CHrP COI,4MUNITY December 2, 1996 Mr. R. Bmee Ar.r!emm, Young, VanAsscnderp, Vamadoe, P.A. 801 Laurel Oak Drive, Suite 300 Naples, Fl 34101 RE: 1-96-7, Request for Growth Management Plan Interpretation relating to PUD Zoning in the Agricultural/Rural Designated Lands of the Collier County Future Land Use Map. Dear Mr. Anderson: In response to your v.'quest, pursuant to Division 1.6 of the Land Development Code, for an interpretation of lhe Collier County Growth Management Plan, I have sepa~ted the analysis into two is.vaes. F~t I will respond to th~ is..ng of a residential PUD rezone within the Agrlcultmal/Rmal designated lands of the Future Ltnd Use Map. Second, I will respond to the L, me raised in your request for interpretation concerning connection of your p:'oposed project to existing water and sewer service facilities. The Growth Management Plan defines the .Agrieultural/R~ d~'ignafion ~ beSv. g those lands remote from the existing development pattern, lack public facilities axut services, are environmenuflly sensitive or a~e in agricultural production. The Plan fuffi~er slates that urbanization is not promoted in ',his arc& therefore, allowable land use~ are of low intensity 0ow density residential and agricul.,m~). With ~ to residential use, the Plan permits residential density at a maximum of one (1) dwelling unit per five' (5) gross acr~; hoverer, the Plan is not specific as to whether a Planned Unit Development ('PUD) rezoning within the maximum density range is permissible. JUL lgg7 /© Mr. Anderson Interpretation December 2, 1996 pnge 2 of 3 I have also completed a review of the PUD zoning district standards found in Section 2.2.20 of the l. and Development Code. The PUD distri~ does not directly addre~ the issue of which Land Use Plan designations are elig/ble to propose the PUD zoning district, although such zoning mu.~ be consislent with the provisions of ',he Cn-owth Management Plan. B~ed on my ~view of the Oro~ M~ement Plan, Futm-e Land Use Element Land Development Code, it is staff's interpretation that a residential rezoning in the form of a PUD is not l~rohibited within the Agricultural/Rural designaI~ Imds of the Futm-e La~d Use Elemm~t of the Comprehensive Plan, and may be proposed subject to the maxh'num gross densi~ of one (1) dwelling unit per five ($) acres and its compli~uce with other provisio~i'the Growth Mmagemeat Plan and L~ud Development Code. In rezponse to the second is.sue concerning the proposed connection of a resident/al PUD in the Agricultural/Rural designalod lands to sa e~isting central sanitary waIer ~md sewer E, stem, I have completed a review ofthe Sanitary Sewer znd Potable Water Ele~n~ of the Grow~ Mane.gement Plan. There appear to be five rdevant policies to thj~ ~ addressed within the two ~b-elements of the Public Fadlities Element of the Ch~wth Management Plan. However, I l~ve bee~ tm~bIe to meet with the Wa~r md W~stewaler ~ent Dis~ors to diguss operational and policy implications of a potemial connection of the proposed proje~ to a c~-atral w~ez ami sewer system. Givea my inability to meet with the responsible Depaztme~t hea~ to discu~ theae ~ with ~ur concurrcnce, I will not rende~ an o~cial ime. rpret~on rel~ive to the mility conmction i~'ae within the ~'r.~'ribe~ 45 day tim~.fn~e. I will i,~ue a ~ imerpretm, ion on this point once I have had an oppommity to ~ the u'dlity connection i.ssae with In summary, it is ,taft's in--on that · r~ident/al PUD rtgwne si a m~ximum gross density of one (1) dwelling unity per five (5) ~cre~ La the Agr/c~ltuml/Rural ~ lands of the Futu~; Land Use IVmp/s consistent with the Orowlh Manageme~ Plan. Stltff will rcspond lhrough ~ interpr~Iion ~l~iv~ Io th~ com, i.~my of tach a projeg:t's connection to a central w~l~r ~:I sew~ zy~un. JUL 2 2 1997 · F'~'. Mr. Anderson Interpretation December 2, 1996 page 3 of 3 lhJrsuant to Section 1.6.5.1 of the Land Development Code, notice of this interpretation and appeal time-frame shall be advertised in a newspaper of general circulation in the County. Within 30 days of receipt of notification of this interpretation by the applicant or affected property owner, an appeal may be filed in accordance with Section 1.6.6 of the Land Development Code. If you have any questions or eommen~ relative to thia finding, please contact me at (941) 643-g469. Donald W. Arnold, AICP Pl&aaing Services Department Director C: W. Nell Don'iH, County Manager David C. Weigel, County Attorney Vine. ent A. Cautero, Administrator Community Development & Environmental Services Division Ray Miller, Public Works Administrator Baflmra A. Caeehione, Comp~ive Planning lviaxmger JUL 2 ;997 __ . COLLIER COUNTY GOVERNME.'gT .COMMUNITY DEVELOPMENT SERVICES DIVISION* 2800 NORTH HORSESHOE DRIVE NAPLES. FL 559,12 (941) 643-8400 ' A C£RT1FIED ~LL'£ CHIP COMMt..W1TY May 14, 1997 Ms. Chris Straton, President Collier County Audubon Socitty P.O. Box 11387 Naples, F1 34110 Mr. David Guggerd~eirn, Pres[dent Conservancy of Southwest Florida 1450 Merrihue Drive Naples, FI 34104 Ms. Nancy Pay~on Florida Wildlife Federation 5051 Cas~ello DHve Naples, Fl 34103 RE: 1-97-I, Request for Growth Management Plan Interpretation relating to the permissibility of residential planned unit developments and allowable residential densities and lot sizes within the Agricultural/Rural Designated land of the Collier County Future Land Use Map. Dear Ms. Straton, Ms. Payton and Mr. Gugger, heim: This interpretation has been prepared in response to your request for a formal interpretation of the Collier County Growth Management Plan, consistent with the provisions of Division 1.6 of the Land Development Code. In your April 9, 1997 interpretation request you posed the two following questions: 13 Whether a residential PUD is permitted in an area of the County designated Agricultt~al/Rura] on the Future Lax~d Use Map?, and 2) Whether the maximum density in the Agricultural/Rural area is one unit per 5 acres or a minimum lot size of 5 acres7 1-97-I Interpretation page 2 May 14,1997 The Agricultural/Rur,~l designation has been placed on land~ of the County which are remote from the existing development pattern, lack public facilities, are environmentally sensitive or are in agricultural production. Urbanization is not promoted, thus only a very limited number of land uses are permitted in addition to agriculture and Iow density residential in these designaled areas. The stated purpose of the Agricultural/Residential Subdisu'ict is to protect and encourage agricultural activities while providing for low density residentild use in outlying areas. Residential densities are permitted at a maximum density of one dwelling unit per 5 gross acres. The Growth Management Plan does not establish minimum lot size requirements for lands within the Agricultural/Rural designation; therefore, residential development is permitted based on the gross density of 1 dwelling unit per 5 gross acres. The only references to minimum 5 acre lot sizes are found in the Agriculture Zoning District of the Collier County Land Development Code. With respect to the question relating to the ability to develop a residential PUD in the Agricultural/Rural desi~ated areas of the Future Land Use Map, I have conducted a review of both th,.- PLTD Zoning District in the Land Development Code and the Growth Management Plan. The Growth Management Plan refers oaly to the types of land uses pertained and their maximum intensity, but does not specif3, appropriate zoning districts within fi'tis land use designation. PUD is a zoning disu'ict which is intended to permit mixed use development at appropriate locations or developments which may or may not be mixed use in nature. The Land Development Code does not specifically indicate where within the Count), that the PUD district may be requested, although this disuSct, as any other zoning disu-ict, does require consislency with the Growth Management Plan. Based on the above findings, it is staff's interpretation that a residential PUD at a maximum gross density of 1 dwelling unit per 5 acres would be consistent with the Agricultural/Rural -Mixed Use District, Agricultural/Residential Subdistrict of the Future Land Use Element of the Growth Management Plan. Minimum lot sizes are not specified in the ,Growth Management Plan; therefore, staff has determined that a minimum 5 acre lot size is not mandated within the Agiculmml/Rtual designated lands. Pursuant to Section 1.6.5.1 of the Land Development Code, notice of this interpretation and appeal time-time shall be advertised in a newspaper of general circulation in the County. Within 30 days of receipt of notification of this interpretation by the applicant or affected property owner, an ,~ppeal may be filed in accordance with Section 1.6.6 of the Land Development Code. JUL 2 2 1997 1-97-! Interpretation page 3 May 14,1997 If'you have any questions or comments relative to this f'mding, please contsc~ me at (941) 403-2400. Donald W. Arnold, AICP Planning Services Depar'uncnt Director Michael A. McNees, Interim County M~ager David C. Weigel, County Attorney Vincent A, Cartiere, Administrator Community Development & Environmenud Services Division MarjoHe $ rodent, Assi.s'tan! County Attorney B~rb~ra A. Cacchion~, Comprehensive Planning M.nsger Robert Mulhere, Current Planning Man-,sger JUL 1997' , PETITION A-97-4, NANCY ANNE PAYTON, FLORIDA WILDiLIFE FEDERATION, REQUESTING AN APPEAL TO THE BOARD OF ZONING APPEALS OF INTERPRETATION 1-97-1, IN WHICH THE COLLIER COUNTY PL,MNNING SERVICES DEPARTMENT DIRECTOR FOUND THAT RESIDENTIAL PLANNED UNIT DEVELOPMENTS AT A GROSS DENSrrY OF ONE DWELLING UNIT PER FIVE ACRES WITHIN THE AGRICULTURAL/RURAL DESIGNATED LANDS OF THE FUTURE LAND USE MAP ARE CONSISTENT WITH THE GROWTH MANAGEMENT PLAaN. OBJECTIVE: The objective of this request is to have the Board of Zoning Appeals consider an appeal of an administrative inteq.,retation rendered by the Pla~ming Services Deparmaent Director. CONSIDERATIONS: On May 14, 1997, the Collier County Planning Services Department Director issued a formal interpretation (I-97-1) concerning the ability to rezone property located outside the urban boundary to a residential planned unit development (PUD). The request for interpretation posed two specific questions: 1) Whether a residential PUD is permitled in an area of the County designated Agricultural/Rural on the Future Land Use Map?, and 2) Whether the maximum density in the Agricultural/Rural area is one unit per five acres or a minimum lot size of five acres. In consideration of this interpretation, staff reviewed the AgriculturalfRural Dehgnation language in the Future Land lJ,ae Element ofthe Growth Management Plan and the ~PUD zoning district requirements outlined in the Collier County Land Development Code. The Agricultural/Rural land use designation applies to thor, e areas shown in white csa the Fuv. u'e Land Use Map and are typically remote from the ex/sting development paltern, lack public facilities and services, are environmentally r, emitive or m in agricultural production. Urbanization is not promoted, therefore, allowable land use~ ~re of iow intensity with only a limited number of uses permitted in addition to low density residential and agriculture. The Agricultural/Residential Subdistrict'a purpose ia to protecl and encourage agricultural activities while providing for low density residential use in outlying areas. Residential land u~es may be allowed at a maximum density of one unit per five gross acres. The Plan is not ~pecific as to zoning districts permi~ible in the Agriculnnal/Rural designated lands, although the Plan does al least contemplate commercial and industrial projects under criteria, which obviously would require a sub',~a:luent commercial zoning action. With respect to the .~ific interprelafion rega.,xling a reridenfial PUD zoning in this area, ~naff did review Land Development Code Section 2.2.20, Plarmed 1Jn/t Development District. The stated purpose of this district ia to provide ztandarcl~ and procedures to encourage mixed developments at appropriate locations or IJUL221907 projects in the urban fringe area.s. It is further thc intent of' this district to eric. outage ir~gcnuity, innovation end imagination in thc plannins, design and development of' large tracts of' land. Thc district doe~ not specify in thy way wbethcr this zoning district is to be restricted to only thc urban designated areas of thc County, but only that thc district . must be in compliance w/th the prov/sions of the Growth Management Pl~n. According to County records, one PUD currently exists within thc Rural/Agricultural designated lands. This project is the Warren Brothers PUD, which is an earth mining and industrial PUD located east of the Golden Gate Estates and south of White Boulevard. Relevant policies of the Future Land Use Elennent include: Policy 5.6: Permit the use of clatter housing, Planned Unit Development techniques and other innovative approaches to conserve open space and environmentally sensitive area.t. dmend the zoning and subdivision regulations as necessary to allow innovative land development tectmiques. Policy 5.3: Discourage unacceptable levels of urban sprawl in order to minimize the cost of community facilities by confining urban intensity development to areas designated as Urban on the Future I~and Use Map and by requiring that any changes to the Urban Designated dreas be contiguous to an existing Urban ~rea boundary. Additionally, the Conservation and Coastal Management Element states: Policy 6.2.13: Proposed d~'velopment on parcels containing ~qable naturally fitnctloning freshwater wetland~ shah cluster development to maintain the largest contiguous wetland area practicable and shall be designed to disturb the least amount of native wetland vegetation practicable and to preserve the pre-development hydroperiod. Based on a review of the Growth Management Plan and Land Development Code, staff interpreted that a residential rezoning in thc form of a PUD is not prohibited in the Rural/Agricultural designated ltnds of the Future Land Use Map, and that such a resident/al development may be proposed subject to the maximum gross density of one dwelling unit per five gross acres. Staff has also determined that the Growth Management Plan does not establish minimum lot size req ;u/rementg therefore, the dwelling unit per five gross acre requirement does not require a minim~un lot size of live acres to be consistent with the Growth Management Plan. The gros~ project density not be directly translated to a minimum lot size requirement. Miuimum lot size requirements are merely a component of a zoning district's development stardards. JUL 1997 Division 1.6 of the Land Development Code mt~s thai the Board of Zord~g Al~ls sf, all not be authorized to modify or reject the Planning Services Direclor's inlerpretation unless such board £mds that the riegel'ruination is no! supported by substantial coral>filch! evidence or that the interi;retation is contrary to the Growth Management Plan, Futm'~ Land Use Map, the (;ode of' Official Zoning Atlas, or Building Code whichever applicable. FISCAL II~IPACT: This apl~al has no dir~! fiscal impacts Io Collier County. Should the appeal be upheld, it is probable that residential d~v¢lopment will occur and resulting building and impact fees will be paid to Collier County. GROWTH MANAGEMENT IMPACT: All interpretations of the Growth Management Plan and Land Development Code must be bused on a consistency with the Growth Management Plan. The Growth Management Plan consistency issue has been addressed in the Executive Summ,'u-y and administrative interpretation. RECOMMENATION: That the Board of Zoning Appeals uphold the Planning Services Director's interpretation that residential PUD's at a m~imum gross density of one dwelling unit per five acres are permissible in the Rural/Agricultural Designated Lands of the Future La~d Use Element and Map and that said PUD's are not required to maimain a minimum lot size of five acres. Prepared by: Donald W. Arnold, A/CP, Director Planning Services Department ~)ale Reviewed by: Vincent A. Cautero, Administrator xO -- Commtmity Development & Ea~vironmenta/Services Division ~)ate No. ~ JUL g 2 T997 FLORIDA WILDLIFE FEDERATIO N _ ~rr~welt Florld~ (~flce ~Hce: ~ C.~ello Drive, Suite 240 MaBing Addres~ P.O. Box 8417, Naples, Florida ~4101 Phone: 941-643-~11 F~x: 941~30 June 17, 1997 Dormld W. Arnold Plr, nn~g Scrvice~ Director Collier Cotmty Government 2800 North Hom.'shoe Drive Naples, Florida 34104 RE: Appeal of Interpretation of 1-97-I, Request for Growth Manngement Plan Interpretation relating to the permissibility of residential planned unit developtnents a, nd allowable re~frlential densftfes nnd lot sizes ~vfthin the AgrfculturalA~urai Designated land of the Collier County Future land Use Map Dear Mr. Arnold: Please fred attached a check/n thc amount of $200 as the appeal filing fee for the above referenced matter. Sincercly yours, Attachment: 1 . ._ '-;',,.'ED Ad Hoc Coali~on of£nvlronmemal ~,~zations Collier County Andubon Society P.O. B~x 11357 Naplta, FL 34~10 Ap61 9, 1997 Conservancy ~ Southwt'~ t tartan- - 1450 M~'rihue Dr. Mr. Donald W. Arnold l~lanning Service~ Dir~tor Collier County Devdopme~t 2~00 N. Horseshoe Drive Naples, r-lcrida 34104 Florida Wildlh'e Ftderntioa ,~~F~ts~tlo Ih'. FL 34103 D~ar Mr. Arnold; This letter and the en,:losed check for $100 are for an interpretation of'the Collier County Growth Management Plan as permitted in Section 1.6 of'the Collier County Land D~elopment Code. Pursuant to Section 1.6, an interpretation may b~. requested by any affected persort, resid, ent, developer, land owner, etc. , Thc specific questions are: I) whether a residential Planned Unit Development (PUD) is pertained in an area of' the county designated Agricultural/Rural in the Future Land Use i Element (FLUE) of the Collier County Growth Max~ement Plan and 2) whether the · maximum density in the Agricultuml/Rm'al ~res is one unit per 5 acres or a minimum lot size of' $ acres? Policy 5.4 of the FLUE gates that "'New devdopments shall be compat~l¢ with complimentary to th,; surrounding land uses." In sdditlon, Policy 5.5 states "Encourage the use of existing l~nd zoned for udoan intensity uses bffore pennkfing development of other ' sre~s.' and the Agricultural/Rural desigr~tion states that "Urbanization is not promoted". '~ Nm Pa on at 643-4111, MictmelSimonikst · If you have sr~ que.,,tions, you may cont~,.-'t cy yt · ":-' 262-0304 or Chris Stntton at 597-8849. dGu o '~ Audubon Sodety Southwest Florida o -- · · :' ' ' I COLLI ER COUNTY GOYERNMENT (~OMMUN]Ty D~/~L,,OPMEN~T SERVICES DM$~ON 2800 NORTH HORSESHOE DRIVE NAPLES, FL $$942 (941) 643-8400 ' A C£~TIFI£O BLU£ CHIP COMML.'NITY May 14, 1997 Ms. Chris Straton, President Collier Count)' Audubon Soci6ty P.O. Box 11387 Naples, Fl 34110 Nfl'. David Guggenhcim, President Conservancy of Southwest Florida 1450 Merrihue Drive Naples, F1 34104 Ms. Nancy Payton Florida Wildlife Fed:ration 5051 Castello Drive Naples, FI 34103 RE: 1-97-1, Request for Growth Management Plan Interpretation relatint to the permissibility of residential planned unit developments and allowable residential densities and lot sizes within the AgriculturaVRural Designated land of the Collier County Future Land Use Map. Dear Ms. Straton, Ms. Pa.'aon and Mr. Guggcnheim: This interpretation has been prepared in response to your request for a formal interpretation of thc: Collier County Growth Management Plan, consistent with thc provisions of Division 1.6 of the La.nd Development Code. In your April 9, 1997 interpretation request you posed the two following questions: 1',. Whether a residential PUD is permitted in an area of the County designated Agricultural/Kurd on the Futur~ Laud Use Map?, and 2) Whether 'the maximum density in the Agricultural/Rural area is one unit per 5 acrcs or a minimum lot size of $ acres? JUL 2 2 1997 1-97-1 Interpretation page 2 May 14,1997 The Agricultur~tRural designation bas been Placed on ~ of the Coum7 ,e~ich ~rt remote from the existfiag development pattern, lack public faczgides, rare eavir~ sensitive or are in agri~ltmal production. U~on is mx ~ thru only · ~ limited number of land uses are permitted in ndditio~ to agrk:altm~ smd h~ ~.assity residential in the!;e designated areas. The stated purpose of ~ ' ' ' Subdistrict is to protect and encourage agricultm-al ~ ~ i:xtzvi~g ~ lo~; density residentiM use in outlying m~as. Residemial demities s~ lae~g~ at maximum densit3' of one dwelling ,.mit per 5 gross ncz~ The Gztm~ ~stmgaaamsat laSma does not establish mixd=um lot size requirements for lands ~ Ibc A~'ie:a~t-~i/Rm~ des;gnation; therefore, residential development is per~rtted lamed on the [;ro~ 4~niry ol 1 dwelling urdt p'.r 5 gross acres. The only refenmcta to ~ 5 ~ lot sizes ~tt fotmd in the Agric:ult~re Zorfing District of the Collier Coumy Land ~ Code.. With respect to the question relating to the ability to develop a rtsidemial P13D in the Agricultural/Rural designated areas of the Futu~ Land U~e Map, I have corxhg'~ a review of both the PUD Zoning District in the Land Developmem Code m-,d t~he Growth Management Plan. The Growth Management Pla= refers only to the types of la.nd uses pem~rted and their maximum inteusiry, but does not specify appropriate zoning districts within this land use designation. PUD is a zoning district which is intended to permit mixed use development at appropriate locations or devel¢.,meats which may or may not be mixed use in nature. The Land Development Code does not specifically indicate where within the County that the PUD district may be re. quested, although this dis'o-ict, ~ any other zoning district, does require consistency with the Growth Management Plan. Based on the above finding, it is staffs interpre~tion that a residential PUD at maximum gross density of I dwelling unit per 5 acres would be consistent with the Agricultural/Rural -Mixed Use District, Aga'icul~esidential Subdistrict of the Fut~tre L~nd Use Element of the Growth Management Plan. MiMmum lot sizes ace not specified in the Orov,~ Management Plan; therefore, staff has determined that minimum 5 acre lox size is not mandated within the Agicult',:ral/Rural designated lands. Pursuant to Section 1.6.5.1 of the Land Development Code, notice of this interpretation and appeal time-~me shall be advertised in a newspaper of general circulation in the County. Within 30 days of receipt of notification of this interpretation by the applicant or affected property owner, an ~ppeal may be filed in accordazl.ce with Section 1.6.6 of the Land Development Code. JUL 2 1997 P~- r~ / 1-97-1 Interpretation page 3 May 14,1997 .0 If'you have any qucstions or comments relative to this f'mding, please contact mc at (941) 403-2400. Sh~cerely, ~ Dot. Id W. Arnold, AICP Planning Services Dcpartrnent Director C: ~cl',t¢l A. McNecs, Interim County Manager David C. W(:igel, Cotunty Attorney Vinccnt A. Cautero, Administrator Community D:velopment & Environmental Services Division Marjofi¢ Student, Assistant County Attorney Barbara A. Cacchione, Compreh~.sive Planning Manag.*r Robert Mulhcr~, Currcmt Planning Manager JUL 2 2 1997 PETITION A-97-.$, BRADLEY CORNELL, REPRESENTING COLLIER COUNTY AUDUBON SOCIETY, REQUESTING AN APPEAL TO TIlE BOARD OF ZONING APPEALS OF INTERPRETATION 1-97-1, IN WHICH THE COLLIER COUNTY PLANNING SERVICES DEPARTMENT DIRECTOR FOUND THAT R£SIDENTIAL PLANNED UNIT DEVELOPMENTS AT A GROSS DENSITY OF ONE DWELLING UNIT PER FIVE ACRES WITHIN THE AGRICULTURAL/RURAL DESIGNATED LANDS OF THE FUTURE LAND USE MAP ARE CONSISTENT WITH THE GROWTH MANAGEMENT PLAN. OBJECTIVE: The objective of this request is to have the Board of Zordng Appeals consider an appeal of an adnfinistrative interpretation rendered by the Planning Services Depzrtment Director. CONSIDERATIONS: On May 14, 1997, the Collier County Planning Services Department Director issued a fore, al interpretation (I-97-t) concerning the ability to rezone property located outside the urban bo~mdary to a residential planned unit development (PUD). The request for interpretation posed two specific questions: 1) Whether a residential PUD is permitted in an area of the County designated Agricultural/Rural on the Future Land Use Map?, and 2) Whether the maximum density in the AgriculturaFRuxal area is one unit per five acres or a minimum lot size of five acres. In consideration of this interpretation, staff reviewed the AgriculturalfRm'al Designation language in the Future La.nd Use Element of the Growth Management Plan and the PUD zoning district requirerments outlined in the Collier County Land Development Code. The Agricultural/Rural land use designation applies to those areas shown in white on the Future Leaad Use Map and are typically remote from the existing development pattern, lack public facilities and services, are environmentally sensitive or are in agricultural production. Urbanization is not promoted, therefore, allowable land uses are of low intensity with only a limited number of uses pc, uined in addition to low density residential and agriculture. The Agriculttual/Residential Subdistrict's purpose is to protect and encourage agricultural activities while providing for low density residential use in outlying areas. Residential land uses may be allowed at a maximum density of one unit per five gross acres. The Plan is not specific as to zoning districts permissible in the Agricultural/Rural designated lands, although the Plan does at least contemplate commercial and industrial projects under criteria, which obviously would require a subsequent commercial zoning actio,a. With respect to the specific intcrpretation regarding a residential PUD zoning in this area, staff did review Land Development Code Section 2.2.20, Planned Unit Development District. The staled purpose of this district is to provide si ~ and procedures to encourage mixed developments at appropriate locations or ne a-mix~.~ JUL 2 2 1997 PII. L groject~ ia thc urban frin~ a.-~u. It i~ furflm' ~ ~ of ~s ~ ~ ~ ~g~, ~~ nd ~~ ~ ~ p~ d~ ~ ~cl~t of ~e ~ ofl~ ~ di~ ~ ~t ~fy ~ ~y ~ ~ ~s z~n~g ~ ~ ~ ~ ~ to ~y the ~ d~ m of ~ ~, ~t ~y ~ ~e ~.. m~ ~ in ~li~c ~ ~ ~~ of~ ~ M~~t P~ industrial PUD located ~ ofthe Gol~-n Gate Et4atcs sad south of White Boulevard. l~l~vant poiici~ of the Future Land Use Elem~t iaclade: Policy 5.6: Permit th(: u~e of cluster housing. Planned Unit Development technique~ and o~her innovative approaches to con~erve open xpace and environmentally sensitive areas. Amend the zoning and subdivision r~gulations as necessary to allow innovath~ land development techniq~w& Policy 5.3: Discourage unacceptable levels of urban sprawl in order to minimize the cost of comrmtnity facilitie~ by confining urban inttn~ity development to areas designated as Urban on lhe Future .Land Use Map and by requiring that any changes to the Urban Designated Areas be conn'guoua to an ea4sting Urban Area boundary. Additionally, the Con~.-a-vation and Coastal Manag~,n~nt Element Policy 6.2.13: Propos,~ development on parcels containing viable naturally functioning freshwater wetlands shah duster development to maintain the largest contiguous ~,etland area practicable and JhaH be designed to distyrb the least amount of native wetland vegetation practicable and to pr &~erve the pre-development hydroperiod. Ba.s~ on a rcvic'w of thc Growth Managcmeat Plan and Laad D~¢lopment Code., staff interpreted that arr. sidenfial re~o~g in the form of a PUD is not prohibited in the Rural/Agrieultxtral designated ~ of the Futu~ ~ Use Map, and ',hat such a r~sidential d~v~lopmcnt may be prc~sed ~bjcct to fl~¢ maximum gross d~udty of one dwelling unit ~ five gro,a ~. Staff 1~ aho d~'~in~d thai the Caowth Managcment Plan doc, not estzbliah m/n/mm lot s/zc rcquircment~; therefore, the one dwclliag un/t per five lross acrc rcquircmcnt doea not rcqulxe a minknum lot s/zc of five acres to be eomist~t vdth the Cairn'th Managem~t Plan. The gross project density c. an not be direly trm~sht~ to a minimum lot si~ requirc~cat. Minimum lot size requiremeats are merely a component ora zoning disn~-ict's development stsadards. JUL g 2 1997 Division 1.6 of the Land Development Code ststes that the Board of Zoning Appe~ shall not be authorized to modify or reject the Plaming Services Director's imeq~ret~tion tmless such board finds that the determination is not supposed by subst~-ntiai competent evidence or that thc imerpretation is contrary to [he Growth Management Plm, Future L~d Use Map, the Code of Official Zoning Atlas, or Building Code whichever spplicable. FISCAL IIVFPACT: This ~ocal has no direct fiscal impacts to C~llier County. Should the sppeal be upheld, it is probable tt~t residemi~l development will occur and resulting building and impact fl:es will be paid to Collier County. GROWTI4I MANAGEMENT IMPACt: All interpretations of the Growth Management Plan and Land Development Code must be based on a consistency with the Growth Management Plan. The Growth Management Plan consistency issue has been addressed in the Executive Summary and administrative interpretation. RECOMMENATION: That the Board of Zoning Appeals uphold the Pl,~ti~g Services Director's interpretation that residential PL~'s at a maximum gross density of one dwelling unit per five acres are permissible in the Rura~A~culm~ Designated Lands of the Furore I~nd Use Element and Map and that said PUD's are not required to maintain a minimum lot size of filve acres. Pr~ared by: Donald W. Arnold, A~.CP, Director Planning Services D~)artment Date Reviewed by: Vincent A. ~2autero, A.chafinistrator Community Development & Environmental Services Division Date JUL 2 1997 .C~)LLIER COIfNTY AUDUBON SOCIETY P.O. Box 113~7, Nnplee, FL ~4101-1357 J~c25,1~7 Donald W. Arnold PIAmiq Services Director Collier County Government 2800 Norr, h Honesho¢ Ddv~ Naples, FL 34104 RE: Appeal of Interpretation ofi-97-1, Request for Growth Management Plan Interpretation glaring to the permiss~iliry of residential planned unit developtnents and allowable rt~sidentiad densities and lot siz~ witl~ the Agricultuml/Ru~ Dcsignatml Land of the Collier Coumy Future Land Use b~p. Dear Mr. Arnold: Please find at,ached a che~k in thc mount of $200 to be applied u the appeal filing fe~ for the abo~ referenced Interpretation (I-97-1). Ple~e contact me if any other materials or a~Iion is required. Sinoz~ly, Vice President 592-Tg05(H); 597.1111(W) JUL 2 2 1997 Collier County Andul~n Society P.O. Box 11387 Naples, FL 34110 April 9, 1997 Mr. Dot, Id W. Arnold Pluming Services IYa~ctor C. oilier Courrty Devdopment S~rvic~s 2B00 N. Horseshoe Drive Napka, Florida 34104 R.r: Al' P V .~ ~ganizations Ad Hoc Coalition of ErMronmental 1450 M~'I~u~ Dr. _~t,~l Cane. Ho Dr. Naples, FL 34104 ,,~'~! \~'~ N'fjq~ FL. 34103 DearMr. Amold; This lett,r and the enclosed check for S100 arc for an interprc~tlon of the Collie, County Grog~ Management Plan aa permitted in Section 1.6 of the Collier County Land D~elopment Code. Pursuant to Section 1.6, a~ interpretation may 1~. requested by any al~'e, cted person, resident, developer, land owner, etc. The specific questions are: ] ) whether a residential Phumed Unit Development (PUD) is pa'~tted in an area ofthe county designated Aigri~ in the Future Land Use Element (FLI.FE) of the Collier County Crrov.~h Management Plan tad 2) whether the maximum density in the Agricultural/Rural area is one unit per 5 acres or a minimum lot size of 5 s~res? Policy 5.4 of the FLUE states that ~New developments shall be compatible with and complimentary to the surrounding land uses." In addition. Policy 5.5 rates "Encourage the use of'existing l&nd zoned for urban intensity uses before permlt~g development of other areas.' and the Agriculturtl/Rural designation states that "Urbaaizatlon is not promoted". If you have any questions, you may contact Nancy Payton at 6434111, Michael Simonik at 262-0304 or Chris Straton at 597-8849. Stub' yours, Prudent, Collier Co~mty Audubon Society Sout.hw~,t Florida Florida W'fldlife Federation AGEI .. JuL COLLIER COUNTY GOVERNMENT COMM, VNITY p£V~:LOPMENT SI;RVig£S DIVISlO,~ 2800 NORTH HORSESHOE DRIVE NAPLES. FL $~942 (94 I) 645-8400 A C£RTIF1 Ir D B LU£ Clq IP COM.M L.~ITY May 14, 1997 Ms. Chris Straton, President Collier County Audubon $oci6ty P.O. Box 11387 Naples, Fl 34110 ~,/Lr. David Guggenheim, President Conservancy of Southwest Florida 1450 Merrihue Drive Naples, Fl 34104 Ms. Nancy Pa) ton Florida Wildlife Federation 5051 Castello Drive Naples, FI 34103 RE: 1-97-1, Request for Growth Management Plan Interpretation relating to the permissibility of residential planned unit development~ and allowable residential densities and lot sizes within the Agricultural/Rural De~tgmated land of the Collier County Future Land Use Map. De. at Ms. Straton, Ms. Pa.,,~on and Mr. Guggenheim: 'Ihls interpr~ation has been prepared in r~pon.~ to your request for a formal interpr,~ation of the Collier County Growth Management Plan, consistent with th~ provision~ of Division 1.6 of the Land Development Code. In y~ur April 9, 1997 interpr~tion r~lue~t you pored the two following questions: 11 Whether a residential PUD is permitted in an a~a of the County designated AgHcultuzal/Rural on the Futur~ Land Use Map?, and 2) Whether the maximum density in the Agricullural/Rtual area is one unit per 5 acres or a midmum lot siz~ ors acrc~? AGEN~ trEMa~ ~1 JUL Fj97 ." ',.-b.... 1-97-1 Interpretation page 2 May 14,1997 The AgriculturaURur~l designation has been placed on lands of the County which are remote from the existing development pattern, lack public facilities, are environmentally sensitive or are in agricultural production. Urbanization is not promoted, thus only a very limited number of land uses ~xe permitted in ~ddition to agriculture and Iow density residential in these designated areas. The stated purpose of the Agricultural/Residential Subdistrict is to protect and encourage agricultural activities while providing for low density residential use in outlying areas. Residential densities ~re permitted at a maximum density ofone dwelling unit per 5 gross acres. The Growth Management Plan does not establish mira'mum lot size requirements for lands within the Agriculna-al/Rural designation; therefore, residential development is permitted based on the gross density of 1 dwelling unit per 5 gross acres. The only references to mlnlmum 5 acre lot sizes are found in the Agriculture Zoning District of~e Collier County Land Development Code. With respect to the question relating to the ability to develop a residential PUD in the Agricultural/Rural designated areas of the Future Land Use Map, I have conducted a review of both the PUD Zoning District in the Land Development Code and the Growth Management Plan. The Growth Management Plan refers only to the types of land uses permitted and their m~ximum intensity, but does not specify appropriate zoning districts within this land use designation. PUD is a zoning district which is intended to permit mixed t~se development at appropriate locations or developments which may or may not be mixed t~se in nature. The Land Development Code does not specifically indicate where within the County that the PUD district may be requested, although th/s district, as any other zoning district, does require consistency w/th the Growth Management Plan. Based on the above f~ndings, it is ~t,xfFs interpretation that ,~ residential PUD at a maximum gross density of 1 dwelling unit per 5 acm would be consistent with the Agricultural,rRural -Mixed Use District, Agricul~esidential Subdistrict of the Future L~nd Use Element of the Growth Management Plan. Minimum lot sizes are not specified in the Growth Management Plan; therefore, staff has determined that a minimum 5 acre lot size is not mandated within the Agicul~ura~ designated lands. Pursuant to Section 1.6.5.1 of the Land Development Code, notice of this interpretation and appeal time-frame sh~ll be ~dvertised in ~ new~l~per of general circulation in the County. Within 30 days of receipt of notific~*tion of this interpretation by the applicant or affected property owne~, an ~,ppeal n~¥ be filed in ~ccordance with Section 1.6.6 of the Land Development Cod,.-. JUL 2 2 1997 ¸..0 1-97-1 Iaterpmtation page 3 May 14,1997 If you have any questions or comments relative to this finding, please contact mc at (941) 403-2400. Sincerely, __ ~ Donald W. Areola, AICP Planning Services Department Director C: Michael A. M,:Nees, Interim County Manager David C. Weiliel, County Atlomey Vincent A. Cautero, Administrator Community Dev~lopment & Environmental Services Division Marjori¢ Smd,mt, Assiitant County Attorney' Barbara A. Cacchione, Comprehensive Planning Manager Robert Mulhe,,e, Current Planning Manager ',JUL g g lgg7 PETITION CU-95-1, MR. TERRANCE L. KEPPLE, REPRESENTING THE SOUTHF,%STERN CONFERENCe: ASSOCIATION OF THE SEVENTH DAY ADVENTIST CHURCH, REQUESTING AN EXTENSION OF CONDITIONAL USES "7" AND "10" OF THE "A" AGRICULTURE ZONING DISTRICT TO ALLOW FOR A CHURCH AND SCHOOL FACILITY THAT HAS PREVIOUSLY RECEIVED CONDITIONAL USE APPROVAL, FOR PROPERTY LOCATED ON THE NORTH SIDE OF SABLE PALM ROAD IN SECTION 24, TOWNSHIP 50 SOUTH, RANGE 26 EAST, CONSISTING OF 10.1 ACRES. ~~ The Petitioner is requesting the second of t~ree (3) allowable one (1) year extenEions of conditional uses "7" and "10" of the agriculture Zoning District to allow for a church and school facility. ~~_[ Since Subsection 2.7.4.5 of the Collier County Land Develepment Code (LDC) requires that a conditional use extension be approved before the expiration date of the previous conditional use approval, the applicant has made a request for extension based on the following information. The subject site was approved for a 400 seat church and a school serving 250 to 300 students by the Board Of County Commissioners. The proposed facility is located on the north side of Sabal Palm Road. The applicant states that there have been delays due to economic considerations this past year. However, the petitioner has completed preliminary plans after months of environmental permitting by the SFWMD and also has a site development plan (SDP-96-29) which was approved on December 31, 1996. As a result of these delays, the petitioner is requesting the second one year time extension. A site visit conducted by staff found no changes to the surrounding area. Considering that the use is compatible with the surrounding area and that this petition has been found to be in compliance with the Collier County Growth Management Plan, staff recommends approval of a one y~ar extension of the · ubJect conditional use. FISCAL IMPACT; This extension by and of itself will have no fiscal impact on the County. However, if this change 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 ' ~ JUL 2 ]99? {'{._ I public facilities. These impact fees are used to fund projects 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 the needed facilities. ~]~9~~T_J~T~ The subject property is located within the Agriculture/Rural area as designated in the F~ture Land Use Element (FLUE) of the Growth Management Plan (GMP). This district permits community facilities including, churches, schools, museums and cultural facilities. Therefore, this request is consistent with the GMP. R~COMMENDATION= That the Board of Zoning Appeals approve the request for a one year extension of Petition CU-95-1. PREPARED BY: PRINCIPAL PLANNER D~TE ' D~TE/ DATE % - DATE EX/SUMMARY/CU-95-1/EXTENSION RVB/rb JUL 2, 1997 o,o 568 Commercial Blvd. · Naples. Florida 34104 (941) 403-1780 · Fax (941) 403- Ray Bellows Planning Dept. Developing! Serv/¢~s 2800 N. Horseshoe ]Dr. Naples, FL 34104 June 18, 1997 Dear Mr. Bellows, Thc original conditional use approval, for lhe r~fm-nced project wa~ grained in June 1995. SDP 96-29 w,~ subsequently applied for and grantcd on Dec. 31, 1996 ~ many months of env/ronm,mtal permitting by SFWMD and the ACOE Dur/ng th/s t/me ~e firs~t CU extension ~s granted, in June 1996. At th/~ l/mc the Church is progressing with their building plans and holm to hav~ their tim building under construction soon. As you are aware, va: now hoed to requcst an cxlczaion to tl~ conditJor~l use permit for this rn'oject. F. nclos~xl, please f'md the required fee and a copy of the deed. If you have ~ny question.,,, please, call. Terr~nce I.. Kepple, P.F.. Kepple Eagineefing, Inc. ! 2 $ 6 ? 9 R~SOLUTION 97- RELATING TO p~TITION NO. CU-95-1 FOR ~XTENSION OF CONDITIONA~ USE OF PROPERTY HEREINAFTER DESCRIBED IN COLLIER COUNTY, FLORIDA WHEREAS, the Legislature of the State of Florida in Chapter 125, J~ l0 Florida Statutes, has conferred on all Counties in Florida the power to II establish, coordinate and enforce zoning and such business regulations as jea~ 12 are necessary for the protection of the public; and ~,~ 13 WHiRr. AS, the County pursuant thereto has adopted a ~nd ~velo~ent ~ 14 Code (Ordinance No. 91-102) ~htch establishes c~p=ehensl~e zoning ~ 15 regulations for :he zoning of pattt~la: dl~ston~ of the County, ~ 16 which ts :he granting and ex:ending the time pet~ of Conditional "'~;' 17 and __ ? Il WH~R~S, on 3une 13, 1995, the Board of Zoning Ap~al~ shat:ed R~ 19 Resolution No. 95-361, attached hereto and incorporated herein, .~ ~ granted a ¢ond~:ional use pursuant :o Ordinance No. 91-102, for a church ~i ~chool a~d other church related structu:es, o~ the ~1ow ~ ~ property; and ~ WHiRlS, on June 18, 1996, the Board o: Zoning Ap~als enacted ~ 24 Resolution No. 96-293, attached hereto and inco~tat~d herein, which ~ granted a one (1] year extension to the Conditional Use grante~ in ~ 26 Resolution No. 95-361~ ~ ~ WHE~S, ~ubsection 2.7.4.5 of th, Land ~velo~ent Code provides ~ that the Board of Zoning ~als ~y extend the one {1) year time perl~ ~ for a conditional use which has not ~en ~ ~ NO4, THE~FORE BE IT ~SOL~D, by the Board of Zoning Appeals ~ ~1 Collier County, Florida that: ~ 32 The written :equest of Terrance L. Kepple, P.E. of Kepple -...%~ 33 Engineering, ~nc., representing Southern Conference Ass~tat~on of the ~ extensions, In interest of the following descried pto~rty: 40 Exhibit -1- AGE - , JUL g g 1997 is hereby approved pursuant to Subsection 2.7.4.5 of the L~nd Developm( Code (Ordinance No. 91-102), and the expiration date for Resolution No. 9S-361, attached hereto &nd incorporated herein a~ £xhtbit 'B", and conditions applicable thereto, ts hereby extended for one additional until July 22, 1998. BE IT FURTHER RE$OLVgD that this Resolution be recorded in the minutes of this Board and in the records of the Petition for which the extension is granted. This Resolution adopted after motion, second and majority vote. Done th~s day of , 1997. 16 17 ' ~ 20 ~3 24 2~ 29 MarJ°~io H. Student ~ Assistant County Attorney ATTEST: DWIGHT E. BROCK, Clerk BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA BY: TIMOTHY L. HANCOCK, Chai~m~n Approved as to Form and Legal Sufficiency: -2- AG~.NJ~A J~'c~, ~ UUL 2 1997 RESOLUTION 96- 293 RELATING TO PETITION NO. CU-95-1 FOR ~XTENSION OF CONDITIONAL USE OF PROPERTY IiER£I]IAI~T£R D£SCR~B£D IN COLLIER COUNTY, FLORIDA ~"dEREAS0 the L~qislature of the State of Florida in Chapter 125, Florida Statutes, has conferred on all Counties in Florida the pover establish, coordinate and enforce zoning and such business rsgul&tion as are necessary f~r the protection of the public; and WHEREAS, the County pursuant thereto has adopted a Land Development Code (Ordinance No. 91-102) vhich establishes conprshensl zoning regulations for the zoning cf particular divisions of the , County, asong which is the granting and extending the rise period of Conditional Uses; and WltEREAS, on June 13, 1~95, ~he ~osrd of Zoning Appeals enacted Resolution No. 9~-361, vhich granted a conditional use pursuant to Ordinance Ho. 91-10l, for A church, school and other church related atructureA, on the b*lo~ described property; and ~EREAS, Subsmction 2.7.¢.5 of aha Land Devmlopman= Coda provide that th~ Board of Zoning Appeals ~y extend the one (1) year time period for A conditional use which has not b~mn co~mmncmd~ NGI, THER£FORK BI IT RESOLVED, by the BoArt of Zoning AppeAls o! Collier County, Florida that: Th~ %rrltten request of Dr. Neno J. Sp~gna, AICP of Florid& Urba! Institute, Inc., representing Southern Conference Association of th4 Seventh Day Adventist for t2..m flrs~ of three (3) p~lmitted one (1) y~ extensions, in interest of the following describ~d propertyi See attached l~qal description hhlbit ~A- is here~y Approved pureuan~ to Subsection 2.?.4.S of thA Land D~velo~tnt Code (Ordina,ce No. ~l-101), And thA expiration date for Re~olution ~o. ~S-3tl, attached hereto and lr~orporAt~d hmrmin as Exhibl~ "B", &~ ell co~ditions applicable 1:hereto, is ex~snded here] for one year until June 13, 1997. minutes of this Board and in the records of the Petition for vhich extensio~l is granted. Co~tlasioner Matthevs offered the foregoing Resolution and ~ovad for its adoption, 'seconded by Coe~lssioner AYE.al Coaelaaionec ~aC~hevs, Commissioner ~tc~Kll, Comaission~r Rincoc ABS~ ~ H~ VOTING: ~5T~TIONI Don~ this l~h day of , 1996. BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA ..- ,, :.'.*.~ . ..~,.~:,~ % A~T': i'.~' ~." ~':.'"~'&. : '", ;:~"~".'~ ,~ ·: ~'. ';Do'." '.~-T,:~.?.': ~;.',.'....'~?,.-. / · ";l"" -' ' :~"' ASSISTANT COUI~I"Z ATTORNEY C.U. EXT£~SION RF-SOLUTION/17408 -2- JUL 3 3 1997 southwest ~/4, Section 24, Township 50 South, Range 22 £as~, Collier County, Florida. JUL 2 2 1997 ,~.lO_ RESOLUTION 95-361 A RESOLUTION PROVIDING FOR THE ESTABLISHMENT · OF CONDITIONAL USES "7" AND "lO" IN THE "A" ZONINGIDZSTRICT PURSUANT TO SECTION 2.2.2.] OF THE COLLIER COUNTY LAND DEVELOPMENT CODE FOR PROPERTY LOCATED ~N SECTION 24, TOWNSHIP SO SOUTM, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. WHEREAS, the Legislature of the State of Florida in Chapter 67-1246, Lays of Florida, and Chapter 125, Florida Statutes, has conferre,~ on Collier County the pover to establish, coordinate and enforce zoning end'such business regulations es are necessary for the protection of the public; and WHEREAS, the County pursuant thereto has adopted & Land Development Code (Ordinance No. ~1-!02) ~hich includes · Conpraher~ive Zoning Ordinance establishing regulations for the zoning of par:iculzr geographic divisions of the Coun:y, anong ~hich is the gran:ing of Conditional Uses; and WHEREAS, the Collier Coun:y Planning Commission, being the duly appointed and constituted planning board for the area hereby affected, has hel~ a public hearing after no%ice as in sai~ regula:ions ~ede and provided, and has considered the advisability of. Conditional Uses "7" and "10" of Section 2.2.2.3 in an hA" zone for a church, school and other church related structures on the property hereinafter described, end has found as a matter of f~cc (Exhibit "A') that satisfactory provision and arrangement have been made concerning all applicable matters required by said regulations and in accordance ~ith Subsec%iot 2.7.4.4 of the Land Development Code for the Collier County Planning Commission; and WHEREAS, all interested par:Sas have been given opportunity to b, heard by this Board in a public nearing assembled and the Board hevin, considered all matters presented. NOW, THEREFORE BE IT RESOLVED, BY THE BOARD OF ZONING APPEALS of Collier County, Florida thatl The petition filed by Or. tleno J. Spagna of Florida Urban Institute, Inc.~ representing Southeastern Conference Aasociation of tho Sovonth ~n¥ ^dvcntl~t., vlth rc~pcct to th~ proporty htro~naCter described as: I Exhibit "O" which Is attached hereto and Incorporated by reference herein be and the snme is hereby approved for Conditional Uses "?- and other church related structures in accordance with the Conceptual Heater 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. £xpansion of the uses identified and approved within this conditional uss application, or major changes to the site plan submitted as part o{ this application, shall require [ha submittal of a new · conditional usa application, and shall comply with all applicable County ordinances in effect at the time of submittal, including Division 3.3, Site Development Plan Review and approval, of the Collier County Land Development Coda (Ordinance No. b. This project shall be subject to Site Development Plan (SOP) approval in accordance with Division 3.= of the Collier County Land Development Code. C. This project shall ba required to meet all County ordinances in effect at the time final construction documents ars submitted for development approval. d. This project shall bm designed in accordance with South Florida Water Management District rules for water quality. e. The use of grassed surfaces, with a stabilized subgrade, shall be limited to the parking spaces. All parking shall consider ell of the parking areal eS impervious Prior to final Site Development Plan approval, the petitioner shall submit copies of all agency wetland permits (USACOE, SFWMD, FDEP) and mitigation schedules. h. The County-maintained portion of Sabal Palm Road ends about 1/4 mile to the vest of this property. The Petitioner shall, prior to issuance of a Certificate of Compliance, dedicate to the County that portion of Sab&l boundary. Said road extension shell be improved according to County ~echnical standards for roadway improvements. The road impact fees she~l be calculated as a mixed-use development as defined in Ordinance 92-22, as amended. Adequate street lightin~ shall be provided at the project entr&mce prior ko the l~suance of · of Compliance. k. This project shall be sub,ecl to a fair share contribution toward · traffic signal system (new or upgraded) for any of the ~ollowin~ intersections if deemed warrqnted by the County. 1. Sabal Palm Drive and C~ 2. Lely Cultural Parkway and CR 3. ~&ttlesnake Hammock Drive and CE ¢. Grand Lely drive and eR · Fair share costs ere related only to future signal system lntorconnection. 1. If lighting ia provided for any of the proposed outdoor recreational areas and. fac[lit£as, it shall be shielded to prevent light from g.laring onto the ad~&cent properties. SE iT ~U~THE~ ~E$OLVED that this Resolution be recorded l~ the ~inutes o~ this Board. Commissioner Cons[an[the o~ered the ~ore~oinq ~esolution and moved ~or its ~doption, seconded ~y Commissioner Hac'Kte and upon roll call, the vote AYES: Commissioner ¢ons~antine~ ¢omm[ssione~ ~a¢'Kie0 Comm[ssione= eld Co.missioner Hancock, Commissioner NAYS: None ABSENT AND NOT VOTING: Hone ABSTENTION: Done this 13[h _ day of June , 1995. AS-EST:IT "" D~IGHT E. BROCK,t ~LERK APPROVED AS.TO TO~M AND LEGAL ~UFFICIENCY: ASSISTANT COUNTY ATTORNEY CU-9 5-1 RESOLUTION/lgk/13 &94 ]~OARD OF ZONING APPEALS COLLIER COUHIY,/ FLORIDA FINDING OF }'ACT }"OR A ~NDITIONAL ~SE ~ITZO~ ~o~ The followinq facte are found: 1. Sectione 2.2.2.3.7 and 2.2.2.3.~ of the Land Devlopment Code authorized the conditional use. Granting'the conditional use will not adversely affect the public interest and will not adversely affect o~her property or uses in the same district or neighborhood b~cause of: A. Consistency with the Land Development Code end Growth Management Plan: B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian aafet[' and convenience, traffic flov and control, and access in case of firm or cataetrophm: C. Affects nel~hboring properties in relation to noise, g~are, economic or odor effects: ,/No affect or Affect mitigated by__ Affect cannot be mitigated . .. D. Compatibility with ad,scent properties and other property in the district: Yes /No __ Based on the above findings, this coD~t~nsl use should, ~ecommended for approval . EXHIBIT "A" Southvest 1/4, Section 24, Tovnsh~p 50 Sou%h, Range 25 East, Collier Coun%y, Florida. .- To grant final acceptance of "Queens Park at Lags Verde, Phase Seven" 1. On February 5, 1996, the Board of County Commissioners 9ranted preliminary acceptance of the roadway, drainage, water and sewer improvements in "Queens Park at Lags Verde, Phase Seven". 2. The roadway, drainage, water and mewer lmp;~ovemen~s not required by the plat to be maintained by the project's homeowners association will be maintained by the County. 3. The required improvements have b~en const~lcted in accordance with the Land Development Code. The County Development Services has inspected the improvements and is recommending final acceptance of the improvements. 4. A resolution for final acceptance has b~en prepared and approved by the County Attorney's Office. A copy of the document is attached. FISCAL The roadway, drainege water and sewer improvements not required to be maintained by the project's homeowners ass~:iation will be maintained by the County Transportation Department and the County Utility Divisions. ~ds for the routine maintenance and upkeep will come from the Operations and Maintenance budgets of the Transportation Services ~ad Utility Divisions. ~ROWT~ MANA~HENT i~ACT, None Executive Summary 0ueene Park at Lago Verde, Phase Seven Page 2 That the Board of County Couwnisstoners grant final acceptance of the roadway, drainage, water and sewer improvements in '~eens Park at ~go Verde, Phase Sew~n, and release the ~intenance se~rity. 1. Authorize ~he ~i~n to execute ~he a~tached resolu~ion au~horizing final 2. Au=hortze the release of the ~intenance se~rity. ~g~neerlng ~eview Date ~~ B~: ~ ', gtneering Revte~ ~anager Plan 9 Se~tces Director Co~n~_A'_ CauCero, ~~ ,,,-~x~y ~v. and ~viro~ntal Svcs Comity ~v. and ~vtron~ntal Svcs. DIVISI~ ~:ew JUL ~ 2 1997 E.AST 40c 1"=4687' ! SOUTH 1' I 2 3 $ 6 7 9 10 II 12 1.1 I$ 16 17 19 2O :21 22 2.1 24 26 27 29 30 31 32 36 :17 .t9 `4O .42 .44 .46 47 48 ,49 $0 $! $6 $7 $9 61 RESOLUTION NO. 97. KESOLUTION AUTHORIZING FINAL ACCEPTANCE OF THOSE ROADWAY, DRAINAGE, WATER AND SEWER IMPROVEMENTS IN QUEENS PARK AT LAGO VERDE, PHASE SEVEN, RELEASE OF THE MAINTENANCE SECLrRJTY, AN~3 ACCEPTING THE MAINTENANCE RESPONSIBILITY FOR THE ROADWAy, DRAINAGE, WATER AND SEWER D~PROVEMENTS THAT ARE NOT REQUTKED TO BE MAINTAINED BY THE HOMEOWNERS ASSOCIATION. WHEKEAS, the Board of County Comrrgss/oners of Collier County, Florld~, on December 19, 1995 approved the phi of Qued-ns Park at l. ago Verde Pha~e Seven for r~cording; W1-EEKEA$, the dcv~loper Ms constructed mci m~dntained the roadway, drainage, water and sewer improv~nent~ tn accordance with the spproved plans and specifications ~,d as r~quir~ by the Land Dev~lopmeu! Code (Collier County Ordinance No. 91-102, a~ amended); and the Utiliti~ Standtrds and Procedures Ordinance (Collier County Ordinance No. 97-17. md WI"L'EREAS, the developer has now requested final acccp~cc otthc ro~w.ay, d~nage, water and · ' . sc'(,,cr tmprovcments ~ad rclc~e otNs meintenance securi~, and WHER.EAS, thc Compliance Services Scczion ol'thc Development Scr*,%cs Dcp~"tmcm has in~ectr, d the road~va¥. &a{naSe, water and sewer improvements and is rccommenclin~ acc;'plancc of said facilities. NO\V, THEREFORE, BE 1T RESOLVED BY THE BOARD OF COUNTY CO,'~t'~ilS$IOI',,"ERS OF COLLIER COUNTY, FLORIDA, tha! final acer'prance be granted for ~hose roadway, drainage, waler and $;',,ver irnprov~.men~ in Q~e~s Park ~! l. ago Verde, Phase Seven and authorize the Clerk Io release thc maintenance security. BE IT FURTHER RESOLVED AND ORDERED thtt the County ~ the ~ matnt,mance and oth~ at~endan! ¢o~.~ for the roadway, &ainaIe, water and sewer im v that m,e not r~ulted to be mttntalned by the home~wners ata, oclation, pm ements Th~s Resolution adopted a~er motion, second and majority vote favorini same. DATE: ATTEST: DWIGHT E. BROCK. CLERK Approv~.d as to form and legal Assistant Coil/er County Attorney BOARD OF COUNTY CO,~LMIS SIONERS COLLIER COUNTY, FLORIDA JUL AUTHORIZATION TO TERMINATE CONTRACT #94-227I FOR THE PURPOSE OF EXECUTING A SETTLEMENT AND MUTUAL RELEASE AGREEMENT, AND A MAINTENANCE AND SUPPORT AGREEMENT, BETWEEN PERCONrI DATA SYSTEMS, INC., AND COLLIER COUNTY. OBJECTIVE: To terminate a contract between Perconti Data Systems, Inc., and Collier County, and release all ~etainage withheld under that contract; settlement arid mutual n.'lease agreement, and a and further to execute a between both parties eff~tive July 25, ! 997. warranty and maintenance agreement, BACKGROUND: On March 19, 1996 Collier County entered in to an agreement with Pcrconti Data Systems, ~nc., of St. Petersburg, FL, to design and develop a .COmputer-based, information management system Sat would replace the multiple, non- integrated computer and manual systems used by Commtmity Development Services staff to suppo,-~ its sdminis~tive services and programs. The developmental nature of the .agreement called for the partic~ to work together to fully migrate the Perconti product into the Cotanty's Windows environment. To dar .... currcntly using the Pcrconti scfkw~ ....... e, the Coun,.'y has accepted a~nd ~s which support the Permitting, --"'- ~-,,~-rns (referred to as the "CD-P/us" product) Building Inspections, Contractor Licensing, Cash Management, and the land-parcel information from the Collier County Property Appraiser. In addition to lhe Programs already insta'led, the original contract called for the vendor to install four other programs. Ho,~ver, subsequent to installation of the referet~ced Programs, disputes have arisen between the v~mdor and staffover the duration of the Agreement a~d the resix.'ctive obligations of the parties pertaining to the balance of the work. After considerable review of various alternatives, it is staffs position that the current agreement be terminale.d and that the balance of the work be completed internally through the Information Technology Depar~ent (with strategic use ofoutsources where necessary or appropriate). It is staff's position that the balance ofthe work can be performed more cost-eff~'ctively internally than though the current agreement. To bring this to fruition, staffr,w, ommends that the Board ex~ut¢ a Settlement and Mutual Release Agreem,mt, and a separate Warranty and Maintenance Agreement (lx~th are attached in substantially final form) for the delivered Programs. The~e Agreeraents describe the detailed terms and conditions terminated, and the nature and :r. ope under which the original contract is to be at no additional cost to the County. of.services which will be required of the contractor GROWTtl MANAGEI~,q.ENT/M'PACT: None. FISCAL IMPACT: All worlc l~rforrned under the original contract, and its Change Orders, has been invoiced by Perconti Data Systems, Inc., and paid by the Count), totaling S 185,250 with the exception of I (P/~ allotted for retainage, which w~uld be released upon approval of the recommendations cited herein. ~ fuxis ~-e av~lable in Co:amni~ Develolxaeflt: ~ (i13). RECOMMENDATION: That the Board of County Commi.~:sioners approve the following act/ons: 1. Terminate Contract #94-2.271, between Pcrconti Data Sy~.erns,/nc., and the County, and accept the date o£Jun¢ 30, 1997 as the date whereby the term/nation of the contract is effective; Authorize the Chaiz~an to execute the referenced Settlement Agreement and M.tua! Re/ease between Pcrconti Data Systems,/nc., mud the County, and accept the date of June 30, 1997 as th~.. date whereby the par~ies have no fu~er obligation beyond the terms and conditions of the Agreement; Execute the artached Mainter~nce and Support Agreement between Perconti Data Systems, Inc., and the County, to suppoa the Perconti ~-rius product current/],, in use by Community Developr~ent Services, for a period oftime through the end of the business day on September 30, 1998, at no additional cos~ to the County. Commurdcations Manager Date - In£orma~on Technology Director Da~e V~ncen~ A. Cau~ero, Commur~ty Developmen! & Enviro~rnen~ Da~e Services ^dm~s~ra~or Prepared by: Reviewed by: Reviewed by: Review,xl by: JUL 997 / AGREEMENT AND MUTUAL RELI~.ASI~i This Settlement Agreement Md Mutual Release (h~er re£erred to as the "Agreement and Release") is made and entered into this .----- day of , 1997, by and between Perconti Data Systems, Inc., (hereafter referred to m "Pen:onti") a Florida corporation, and Collier County (hereafter referred to as the "County"), a political subdivision of the State of Florida. ~ITNESSETH: WI-IEi:LEAS, Perconti and the County entered into a contract on March 19, 1996 entitled "Contract to Acquire A License /'or the CD-WIN Product Between the Board of County Commissioners of Collier County and Perconti Data Systems, Inc." for the purpose of developing a~d acquiring a license for the County for a modular integrated community development management system software product, sometimes referred to as the "CD-WIN" product; WHEREAS, a true a~td accurate copy of the contract for the development and acquisition of the CD-WIN product (hereafter referred to as the "CD-WIN contract"), including all Change Orders, is attached as Exldbit 1 to this Agreement and Release; WHEREAS, certain disputes have arisen between Perconti and the County concerning the .scope, nature and duration of their respective obligations under the CD-WIN contract; WHEREAS, Perconti and the County, without admitting any liability or fault, r~o~e the costs ~nd uncertainties of'legal action and therefore desLm to ~nicably settle md compromise all aspects o£ these disputes concerning the scope, nature and duration of their r:spective obligations under the CD-WIN contract; NOW, THEREFOP,.E, in consideration of the promises, eover~ats and conditioa~ contained in this Agreement and Release, and other good and valuable consideration, the receipt of which is hereby acknowledged by both Pereonti and the County, Perconti and the County agree as follows: I. The foregoing recitals are true and correct and are hereby incorporated into and made a pan ores Agreement and Release as if repeated verbatim. 2. The CD-W'/N contract is hereby deemed terminated as of the end of the business day on ]une 30, 1997. 3. Perconti shall have no further obligation beyond the end of the business day on .rune 30, 1997 tc provide file County with deliverables, services or consideration under the CD- WIN contract except as provided for in this Agreemen! and Release. 4. The Count), shall have no further obligat/on beyond the end of the business day on .rune 30, 1997 to acquire deliverables or services fi'om Pereonti or provide consideration to Perconti under the CD-WIN contract other than as r,xluired in this Agreement and Relea.w.. 5. From the date ofthe making oft/ds Alt~zement and Release until and through the end of the business day on September 30, 1998, Pereonti shall, at no additional cost to the County beyond sums already paid, invoiced or retained under the CD`WIN contract, provide the County with support and maintenance services on all modules, aspects or componen~ of the CD` WIN product del/vered to the County through .rune 30, I997. These support and maintenance serv/ces shall be of the same general nature as contemplated and required by the warranty provisions of the CD-WIN contract. To codify this obllg~on in more detail, Perconti and the County shall simultaneously enter into a separate Maintenance and Support Agreement To the extent any term or condition of the separate Mainta'mnce and Support Agreement directly conflicts with a term of this. Agreement and Release, however, this Agreemen _L,../nd'Release shall control. - 6. To the ext~mt there is delay in the execution of the Mainten~.nce and Support ~ent requirecl by Paragraph .5 of this Agreement and Release, the County shall, at no additional cost to the County beyond sums already paid, invoiced or retained under the CD-WIN contract, receive emergency maintenance and support protection fi'om Perconti until ~tt least July 30, 1997 on all modules, a,','pects or components of the CD-WIN product delivered to the Count). as of the end of the business day on .~une 30, 1997. 7. The County shall have a nonexclus~ve and non~ansferable but otherwise unrestricted and Perpetual liccnse to use al/ modules, aspects or components of' the CD-WIN product delivered by Percenti to the. Count), through the end of the business day on June 30, 1997, including but not lim£ted to the time management module. This license shall also apply to all upgrades, modifications or enhancements to those modules, aspects or components of the CD. WRq product that may be delivered by Perconti or created by the County after.Tune 30, 1997. 8. The County r, hall have the same right to demand, receive, posses,s, use or modify the source COde and related documentation for all modules, aspects or components of the CD.. WIN product (including but not limited to the time management module) delivea.~ to the County as of June 30, 1997 as it would have had if the CD-WIN contract had been fully Performed by ?erconti and the County. The Courtly shall also continue to have the right to demand, receive, possess, use or modify all upgrades, enhancements or modiHcations of those modules, aspects or components of the CD-WIN product, including related source code, developed, made or created by Perconti after June 30, 1997. Lq re.'taining and exercising this Hght with re~:~ct to upgrades, enhancements or modifications developed, made or created by Perconti after June 30, 1997, the County agrees that it may have to purchase such upgrades, enhancements and modifications either in accordance with the; Maintenance and Support Agreement or, if not covered by the Maintenance and Support Agreement, in accordance with Perconti's then prevailing business prices. 9. The County shall relc:as¢ $18, 525.00 to P~'conti, which the County and Pereonti agr~ is all retainage withheld under the CD-WIN contr~zt to Perconfi on or befor~ July 30, 1997. I0. The fights and obligations of the County and Perconfi with respect to proprietary rights in the CD-WIN product d¢liv~xl to the County as of June 30, 1997 (including any upgrades, enhancements and modifizations dcliv~-~l a~er that date) shall be defined by Sections 18-20 and Section 22 of the CD-WIN contract. 11. Except for any claims which might arise under this Agreement and Release or under any of the inderrmi.fication or proprietary rights provisions of the CD-X~q contract, Pa'coati hereby fully and finally remises, r~leases, acquits, satisfies and for~ver discharges the Co[mty and its agents, representatives, sureties, officers, director~, employees, successors, and assigns from any and ali manner of action and actions, cause and causes of action, suits, debtx, due:~, sums of money, accounts, reckonings, covenants, contracts, promises, damages, judgments, executions, claims or demands whatsoever, in law or in equity, which Perconti now has or may ~ve in me future against the County arising out of or relating ia any way to the CD-WIN corltra~ 12. Except for any claims which might arisc under this Agreement and Rel~mse or under any of the indemnification or proprieta~ rights provisions of the CD-WIN contract, County hereby fully and fu,,ally r~mis~, releases, acquits, satisties and forever discharges the Pexconti and its agents, representatives, sureties, officers, dir~tors, employees, successors, ~;signs from any and all manner of action and actions, cause and caur~s of action, mits, debts, due~, sums of money, accounts, reckonings, cover~ants, contracts, promises, dsmag~s, judgments, executions, claims or demands whatsoever, in law or in ~uity, which the Cotmty now has or may have in the future against Perconti arising out of or relating in any way to the CD-WIN contract JUL 2 2 I 13. With the exception ofany claims that may arise for indemnification or proprietary fights under the provisions of the CD-WIN contract, which Pa'conti and the County agree shall survive this Agreement and Release and are to be governed first by the terms of the CD-WIN contract, Perconti and the County agree to submit disputes arising under or relating to this Agr~-'ment and Mutual Release to a pan:l of tlme (3) arbitraI, or~ in accordance with the Commercial Arbitration Rules of the American Arbitration Association and any judgment upon the award rendered by the arbitrators may be entered in any Court having jurisdiction thereof. 14. This Agreement and Release shall be governed by the laws of the State of Florida. 15. This Agreement and Release is ,"or the benefit of and shall be binding upon thc parties, their successors, pn:decess¢,rs, assigns, representatives, agents, insurers, suretics, and legal representatives. 16. Th/s Agreement and Release is freely md voluntarily executed by all lParties after they have been apprised of all relev,'mt infermafion Md data. In executing ~ Agreement md Release, Perconti and the County do not rely on any in,:lucemen~ promises, or representations other than the promises and representations set forth h~ this Agreement Lad Release. In this regard, Perconti and the County acknowledge that this Agreement Lad Release is the product of mutual negotiation and no doubtful or ambiguous provision in this Agreement and Release is to be construed against the party who phy~ically prepared this Agreement and Release. Further, thc role sometimes referred to as "fortius contra profcrentum" (,pu.m2Lat to which imbiguifies in · contractual te,a which appears on its face to have been inserted for thc benefit of one of the parties shall be construed against the benefited pan'y) shall not be applied to the interpretation of this Agxeernent and Release. 17. This Agreement and Release may be mended only by written irmnanen~ ~x~:ifically referring to this Agreement zmd Release and executed with the fa. me formalities as this Agreement and Release. -' o ' ' l IN WITNESS WHEREOF, P~'conti ~nd thc County h~v~ executed this Agrccmcnt ~nd P, cleu~ on thc day md year first 8hove written. DATED: ATTEST: DWIGHT E. BROCK. Clerk BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLOR/DA By:. TIMO'HqY L. HANC~ Chairman PERCONTI DATA SYSTEMS, INC. (1) (2), By: S~wto~ Perconfi. President (coqxa'atc ~:al) '-Mkh~l W. Pettit Assistant County Attorney PERCONTI DATA SYSTEMS, INC. Maintenance and Support Agreement This Maintenance and Support Agreement is made and enter~ into this day of , 19 ...__, by and between Perconti Data Systems, Inc., herein~er referred to as "Support Vendor", and the Board of County Commissioners, Collier County, Florida, hereinafter referred to as "Customer"; WITNESSETH: WHEREAS, lhe Customer has purchased a license to one or mor~ modules of the computer system henceforth referred lo as "Licensed Program". The Customer has a nonexclusive and nontransferable bt~t otherwise perpetual and unrestricted license to use certain computer soft'ware in object code form and/or soun:e code form and rdated user documentation (the "Licensed Program"); and HEREAS, Support Vendor has, as the owner of the Licensed Pro/mm, the source code and other support documentation for the Licensed Program and has the r~'qu/site authorization to have access to the Licensed Program in Customer's possess/on and to make and offer to Customer the ma/ntenanc¢ modifications, enhancements, and new releases prov/ded for her~in; and WHEREAS, Support Vendor desires to offer Costomer ceriain services with respect to the Licensed Program on the terms and conditions r~ forth herdn; and WHEREAS, the mutual obligations undertaken in this Maintenance md Support Agr~.*ment form part of the consideration for the sepm-ate Settlement Agreement and Mutusl Release enterexI into by Support Vendor and Customer in connection with certain dispute~ ~ising in connection with what is sometimes referred to as the CD-WIN contra~ NOW TITEREFOKE, in consideration of the premises hereof, and the mutual obligations herein, thc parties hereto, intending to be legally bound, hereby agree a~ follows: Section 1. Definitions. For the pm'poses of this Maintemmce and apply to thc respective capitalized terms: Support AgrecmmL the following definitions shall 1.1 "Llcen;ed Program." The computer $oRware d~-.,cribed in Exhibit A and henceforth reft]red to as the CD-PIe product or certain modulcs, aspects and components thereof (also sometimes referred to as thc CD-WIN product) including any extracts fi'om such software, derivative works of' such software, or collective works constituting sach software (such as subsequent Releases) to the extent offered to Customer under this Maintenance a~:d Support Agreement. 1.2 "Maintenance and Support Agreement Term." The term thall be from the date of the making of this Maintenance and Support Agreement as stated above through the end of the business day on September 30, IS}Pg. 1.3 "Error." Any failure of the Licensed Program to conform ia all material respects to the functional specifications for the Licensed Program published from time to time by Licensor. However, any nonconformity resulting from Customer's misuse or improper use of the Licensed Prognun or modification of thc Licensed Program or combining or merging the Licensed Program with any "touch-tone' hardware or any changes to the Customers operating · yatem or data base engine not supplied or authorized by Licensor or Support Vendor, or not authorized to be so combined or merged by Licensor or Support Vendor, shall not be considered an Error. The Support Vendor shall not be rcspoas~le under this Maintermnge and Support Ag:nm~ent for maintaining or supporting any module which has been modified, enhanced, or changed by the Customer or its agents without prior written authorization from Suv, port Vendor. I JUL 2 2 1.4 "Error Con'ectlon". Either a software modification or addition that, when made or added to the Licensed Program, establishes material conformity of the Licensed Program to the functional specifications, or a procedure or routine that, when observed in the rt'gul= operation of the Licensed Program, eliminates the practical adverse effect on Customer of such nonconformity. 1.5 "Enhancement". Any modification or addition that, when made or added to the Licensed Program by Support Vendor, materially changes its utility, efficiency, functional capability, or application, but that does not constitute solely an Error Correction. Enhancements may be designated by Support Vendor as minor or major, depending on Support Vendor's assessment of their value and of the function added to the pre-existing Licensed Program. "Major enhancement~" shall be defined as additional functions and/or feature, or significant modifications to existing functions and/or features which requir~ in excess of four (4) hours to complete. "Minor enhancements" shall be defined as changes to increase usability and'or function that takes less than four (4) hours to complete. 1.6 "Normal Wor 'icing Hours." The hours between 8:30 A.M. and 5:00 P.M. on the days Monday through Friday, excluding regularly scheduled holidays of Support Vendor. 1.7 "Releases." New versions cf the Licemed Program, which new versions may include both Error Corrections and Enhancements. Section 2. Scope of Services. 2.1 During the Maintenance and Support Agreement Term, Support Vendor shall render thc following services in support of the Licenzed Program, during Normal Working - a. Support Vendor shall maintain a telephone hot line that allow~ Customer to r~z~rt system problems ~md seek assistance in nsc of the Licensed Program. b. Support Vendor shall provide responsive support and maintenance by providhag availability during Normal Working Hours with a goal o£ no longer than two (2)-hour response time. Support Vendor shall provide modem support for remote error correction. c. Support Vendor shall be responsible for using all reasonable diligence in correcting verifiable and reproducible Errors when reported to Support Vendor in accordance with Support Vendor's standard reporting procedures. Support Vendor shall, upon verifying that such an Error is present, initiate work in a diligent manner toward development of an Error Correa:tion. Following completion of the Error Correction, Support Vendor shall provide the 'Error Correction through a "tempore~ fix" consisting of su~cient programming and operating instructions to implement the Error Correction, and Support Vendor shall include the Error Con'ection in all subsequent Releases of the Licensed Program. Customer is respons~le for final validation o£ functionality and implementation. d. Support Vendor may, from time to time, offer major enhancements to its customers, generally for an additional charge. e. Subject to space availability, Customer may enroll its employees in Support Vendor's trah~ing classes, held at Support Vendor's facility, for regular or advanced t~haing, genera.fly for an additional charge. Support Vendor shall consider and cvaluatc the development of Enhancements for the specific use of Customer and shall respond to Customer's requests for additional services pertaining to the Liccr~ed Prog'caa'n (including, without limitation, data conversion and report-forrnatting a.~fistance), provid,xt that ach assistance, if agreed to be provided, shall be subject tj~ supplemen_tal charges mutually agreed to by St'~p't~t_Vendor and Jt t 2 2 4 ~.~ Section 3. Fees and Chnrges. 3.1 With the exception of additional sen,/ces, as defined in Paragraph 3.2 of th/s Maintenance and Support Agreement, the servicea and support to be provided by Support Vendor to Customer dm-lng the initial term of this Maintenance and Support Agreement ahall be provided at no charge to the Custontcr in view of the Settlement and Mutual Release Agrccment entered into between the Support Vendor and Customer, which is referenced in the recitals hereto, 3.2 Customer shall pay Support Vendor for additional services its fees and charges based on the rate schedule set forth hereto in Exhibit B. Additional services shall bc defined to include (but am not limited to): database administration, problem determinat/on, data correction, Delphi ~,ssistance, consulting, de-sign and analysis, training, training development, Licensed Program major enhancemc~ts, Licensed Program minor enhancements exceeding 12 hours per month, Licensed Program upgrades, additions, data conversion. Error corrections (unlhnited), or minor enhancements (within 12 hours per month limit) arc not considered additional services. All b/liable additional services w/Il be approved, in advance, by the Customer in writing w/th the following exce-ption: any reported error found to be caused by, or as a rc~lt of~ modifications to thc Licensed Program by tim Customer or its ~:gents is NOT an error and will bc treated as an approved ."~qucst for additional services. Any such request will rr. sult in charges for actual hour~ worked, accruing from the time of reporting the error until either resolution of the error or withdrawal of thc error report by the Customer. As soon as the Support Vendor identifies an error as a billable condition, thc Support Vendor shall inform thc Customer in writing that it is in a billable condition and the amount of services aca'ued to dale on the reported error. Thc C'u~omcr may, at its opt/on, choose to discontinue work on thc problem by withdrawing thc error report in writing. The, Support Vendor, upon identifying thc error as · billable, condition may, at its option, choose not to work on or correct th.e, problem. The rates on ExMbit B shall remain unchanged through ~eptember 30~.1998. "' ' ' 3.3 Support Vendor shall invoice Customer st the beginning of each calendar month for all fees and charges accrued for additional services, and all reimbursable expenses incu.,'r~ for providing additional service, during the pr~'vious month. Payment for additional services and related reimbursable expenses shall be made in accordance with and governed by the Florida Prompt Payment Act, with the additional provision that invoices shall be submitted to the Customer's Chief Disbursement Officer (i.e., the Finance Department) within seven (7) business d~ys of receipt by the Information Technology Department ur, less objected to in writing before that time. 3.4 Customer shall be responsible for procuring, installing, and maintaining all equipment, telephone lines, communications interfaces, and other hardware (other than the hardwam constituting the program control center maintained at Support Vendor's facilities) necessary to operate the Licensed $oRware and to obtain fi'om Support Vendor the services called for by this Maintenance and Support Agreem~t. Section 4. Proprietary Ril;hts. 4.1 To the extent that Support Vendor may provide Customer with any Error Corrections or Erd~ancements or any other software, including any new softwar~ programs or components, or any compilations or derivative works prepared by Support Vendor (collectively, "Vendor Programs"), Customer may I. install the V~dor Programs, in the most current form provided by Support Vendor, in Customer's own facility; b. use such Vendor Programs in cz)maection with the Licensed Programs, and for purposes of servicing Customer's internal busines:i needs and as provided by the Settlement Agreement and Mutual Release r~ferenced in the recitals hereto. JUL P,._ /fi,_ 4.2 Proprietary Hght~ in the Vendor Programs, whether as originally delivered or as thereaiter modified or enhanced, Vendor Programs shall be as defined in Sections 18-20 and Section 22 of the contract entered into between Support Vendor and Customer on March 1996 for the development and aequifition of a new modular integrated community development management system software product, sometimes referred to as the CD-WIN product. Section 5. Disclaimer of Warranty and Limitation of Liability. 5.1 EXCEPT AS EXPRESSLY SET FORTH IN TH]IS MAINTENANCE AND SUPPORT AGREEMENT, SUPPORT VENDOR EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES CONCERNING THE LICENSED PROGRAM OR THE SERVICES TO BE RENDERED HEREUNDER, WHETHER EXPRESS OR IMPLIED, INCLUDING GVIq/qOUT LIMITATION) ANY WARRANTY OR MERCHANTABILFI'y OR FITNESS FOR A PARTICULAR PURPOSE. 5.2 In no event shall Support Vendor's cumulative liability for any claim under this Maintenance and Support Agreement exceed the total of b~th the retalnage under the CD-WIN contract as of June 30, 1997 and the fees, additional services and related reimbursables paid to Support Vendor by Customer un&ri' this Maintenance and Support Agr~-ment. Except/n the case of a breach of this Maintenance and Support Agreement by Support Vendor, Support Vendor ab. all not be liable for any indirect or comequential damages resulting fi-om the Customer'.~ use of the Licensed Program or for loss of data or records of the Customer. Section 6. Termination. 6.1 This Maintenance and Support Agreement may be terminated by tither party upon thirty (30) days prior written notice if the other party has materially breached the provisiona of this M:~intenance and Support Agreement and has not cured such breach within such notice [ JUL 2 2 7 / 6.2 Following terminat/on of th/s Maintenance and Support Alp'cement, Support Vendor shall invoice Customer for all properly authorized fees and charges and all reimbursable expe~tses, and Customer shall pay the invoiced amount upon receipt of such invoice. Customer may continue to use any work supplied to Customer by Support Vendor in accordance with the license confcn'~d by the Settlement Agreement and Mutual Release re£enmccd in the recitals. Payment for additional scm'ices and relat~ reimbursable expenses shall be made in accordance with and governed by the Flor/da Prompt Pa~nent Act, with the additional provision that invoices shall be sub~nitted to the Customer's Chief Disbursement Officer (i.e., thc Finance Department) within seven (7) business days of' recdpt by the Information Technology Department unJcss objected to in writing her,ore that time. Section 7. Miscellaneous. 7. I Each party acknowledges that it has mad this Maintenance and Support Agreement, understands it, and agrees to be bound by its terms. The parties further agree that this is the complete and exclusive statement of the agreement of' the panics with respect to the rubject matter her,:of and that it supersedes and merges all prior proposals, understandings, and agreements, whether oral or wr/tten, between the parties with respect to the rubjcct matter hereof except that to the extent th/s Maintenance and Support Agreement confl/cts with any t~m of the Settlement Agr~'ment and Mutual Release referenced in the recitals, the Settlement Agr~ment and Mutual Release shall control. This Maintenance and Support Agreement may not be mod/fled except by a written instrument duly executed by the part/cs hereto. 7.2 This Maintenance and Support Agreement and the parties' obligations hereunder ~halI be governed, construed, and enforced in accordance with the law~ of the State of Florida. 7.3 The Customer and Support Vendor expressly agree that any cldm or controversy arising out of or relating to this Maintenance and Support Agreement, or brmch thereof, r, hall be settled by arbitration before an arbilrato_r and in acco,xtance with the CoOl'al A.,bitrafion 8 J JUL 2 2 1997 I /(- Rules of the American Arbitration AssociaHon, and any judgment upon the award rendered by the arbitrators may be ente~d in any Court having jurisdiction ther~f. 7.4 In the event that any provision of this Maintenance and Support Agreement is held invalid, illegal, or unenforceable, the remaining provisions shall be enforced to the maximum extent permitted by applicable law. 7.5 Neither pan'y may assign its Hghts or duties under this Maintenaaee aad Support Agfa'merit without the prior written consent of the other party, except to a successor of all or substantially all of its business and properties. 7.6 The waiver by either party of any term or condition of this Maintenance and Support Agreement shall not be deemed to constitute a continuing waiver ther,:of nor of any further or additional Hght that such p~y may hold under this Maintenance and Support Agreement. Section 8. Notices. $.1 Any notice required or permitted to be made or given by either paw/' under this Maintenance and Support Agreement shall be made in writing and delivered by hand or by certified mail, postage prepaid, addressed as set forth below or to such other ~dress as a party shall designate by written notice given to the other party:. for the Support Vendor. Sal P,-,rconti, President Perconti Data Systems, Inc. 8601 Fourth Street North Suite 210 St. Petersbm'g, Florida 33702 for the Customer: William Coakley, Director, Information Technology Collier County Board of County Commi.~ionera 3301 'East Tamiam/Trail Napl~, Florida 34112 DATED: ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: TIMOTHY g HANCOCK, Chainn.an Fir~-t Wlmesa PERCONTI DATA SYSTEMS, INC. (2) By: TH:ed $i~m~ ~m4 Ti~ (~rpor~c real) Michel W. Pctfit 10 I JUL 2 2 m? I Collier County, Florida Exhibit A luly I, 1997 ClLPl~for Windows soffwar~ for the Collier County Community Development Division · Base module, includes security, address'property, table maintenance and cash management and all interfaces, extract programs and conversion programs * Permitting and Inspections, includes contractor ma,mgement, permit issuance, inspections and certificates or'occupancy and all reports and standard letters * CD-l:lva AIRS interface module Includes all CD-Plus for Windo~vs source code and executables, third-party components are not included and must be purchased separately. l 1 Pl,~ Collier County, Flodda Exhibit B .luly 1, 1997 Sea-vie. es Hourly Daily Rat,._. Programming/Training $ 90 $ 700 Database/Analyst $ 100 $ 750 Project Manager $ 1 I0 $ 800 All time is billed per actual hours worked o£all personnel, unless a not-to-exceed quote has been ~bmirted in writing by the Suppo~ Vendor. All travel time is billed at the $90 per hour ra~e. All expenses are billed at reasonable and actual plus 10% unless negotiated ia .airing in advance with the Support V~ndor. * Notwithstanding the foregoing, Support Vendor agrees that aH transportation and men/ expenses shah be subject to and limited by Section 112.061 F/a. Stat, and that lodging shah be relmbnrsed at no more than :$I00.00 per day, with reimbursement for lodging to be based upon actual expense If less than $I00.00. 12 TO: Per~:onfl Data Systems, inc. ATTN: Salvatore Perconfl, President 8601 Fourth Street North, Suite 210 St. Petersburg, Florida 33702 FROM: Information Technology Department ATTN: 2800 North Horseshoe Drive Naples, Florida 33942 SUBJECT: DATE: Change Order Number 1: Schedule Changes Jun,a 5, t996 Contract # 94=2271 The following delivery and payment schedule changes are hereby made to coincide with the changes requested by the Community Development & Environmental Division staff. Item Date Amount GUI Prototype Database Design Security Module Address/Parcel Contractor Licensing Permitting & Inspections Cash Management Code Enforcement Vehicle-for-Hire ' Development Review Growth Management Final Acceptance 07/12/96 $11.700 08/02/96 $11.700 09/03/96 $11.700 09/03196 $23,400 09/30/96" $23.400 11/25/96 $35,100 11/25/96 $11.700 01/06/97 $35,100 02/04/97 $11,700 03/17/97 $23,400 04/28/97 $23.400 06/09/97 $26,00Q $260,000 William Ri C~-akl,.._....,x~.~ Director Salvatore Perconti, Presi;:lent, PDS, Inc. D;ate ' - JUL 2 2 1997 TO: FROM: COPY Perconfl Data Systems, Inc. AT'i'N: Salvatore Percontt, President 8601 Fourth Street North, Suite 210 St. Petersburg, Florida :33702 Information Technology Department ATTN: William R. Coakley, Director 3301 Tamiami Trail East Naples, Florida 33962 RECEIVED INFOI~ATI~ Tt'CN'Nm SUBJECT: Change Order Number 2: Interactive Voice Response Inspection System DATE: July 22, 1996 Contract # 94-2271 In accordance with Collier County RFP #94-2271, and defined in the Perconti Data Systems, Inc. F'oposal, dated November 3, 1994, and subsequent price quote, dated July 7. 1995, Vetrol Data Systems, Inc., 2500 Thirteenth Avenue. Vero Beach, Florida 32960, will provide the touch-tone component of the Permitting & Inspections module of the CD-Plus for V~ndows integrated community development management system for the above referenced contract. The Vetrol Data Systems, Inc.. serving as subcontractor to Perconti Data Systems. Inc.. will provide the telephone processor and inter~a, ce hardware, as well as a customized version of their Automated Inspection Request System (AIRS) software product. Their services will include installation, setup, on-site training, and production support, of the touch-tone communications module and integration of this component with the CD- WIN System. Specifically, 'these services include the following: CD-Plus for Windows: AIRS System: No Charge; Included in Perconti Contract $25,750 Vetrol Data Systems, Inc., programming services Single PC hardware with AIRS, 8 line interface board AIRS software, customized to interface with CD-Plus for Windows 4-days on-site training (additional days @ $6001day) Customer brochures detailing key strokes and maintenance instruction manuals and system documentation; Diagnostic Reports Installation J One-year warranty; subsequent annual maintenance S3,300 J JUL I PAYMENT SCHEDULE 30% due at order time 40% due at installation 30% due at production 10% Final Acceptance of CD-WiN Total: 10% xAPavment Retaina~e $6,953 $772 $9,270 $1,030 %$6,952 $773 $2,575 All other terms and conditions of the contract remain unchanged. $7,725 $10,300 $7.725 $25,750 -~0~' VV~lliam R. Coakley, Project Director Date Vincent A. Cauter~istrator, -. Date Community De~elopme~nt ~&~nvironmental Services Division Salvatore Perconti, President, PDS; Inc. D~te Cost Center. 113 138900 '0 ,JUL TO: Perconti Data Systems;'lnc. ATTN: Salvatore Perconti, President 8601 Fourth Street North, Suite 210 St. Petersburg, Florida 33702 FROM: Information Technology Department ATTN: William R. Coakley, Director 3301 Tamiami Trail East Naples, Florida 33962 SUBJECT: Change Order Number 3 DATE: September 24, 1996 Contract # 94-2271 Contractor Lken;~inq Board Or~lip;mCq 94-~4, in 1994, thc County inhiatcd requ{rements for every contractor to provide cvidcnce ora passing grade on all tcsts relating to Business and Law, the contractor's special Trades, and other mandatoD' c.,;ams unique to the type o£ work for which they seek a valid County license. At present over 3,000 contractors update this information annually during thc month of September. CDS staffis'rcquired to track the results of'.~]l tests taken by a contractor, their p=sing scores, thc name ol'thc county in which thc test was taken, ~td thc date of thc passing e.,:arn. Pcrconti'Data Systems will design a program that integrates the e.'<r~m inl'orrnation whh the other mandatory contractor licensing information and repons, there[ore mc~surab]E..reducing duplication in data carry and administrative procedures. Code EnForcement Litter. Weed and Plant Control Ordinanc~ 9)-47, In 1991, the Board ot' County Commissioners declared as a public nuisance unauthorized dumping, accumulation or storage of litter, unlav;~l accumulation of~eds, grass, exotics or similar non-protected overgro~ on all unimproved property in the unincorporated areas of the County, in accordance ~Sth specific conditions outlined in the Ordinance. The enforcement and administration of this program is the r~sponsibilky of the Code Enforcement Department, its Board, and the Board of'County Commissioners. The County's purchasin§ policies require CDS stafTto maintain a list of qualified businesses which the County can contract on a rot,,ting basis to quickly remove, at the landow'ner's expense, ali litter, v,'~eds and exotics contributing to the danger of the health, w~lf'~re and safety of the County's citizens. Perconti Data Systems, Inc. will modify the design of its Code Enforcement prol~ram to include this information in the complete history ofall cases. At present, this information is tracked manually by staffat a considerable cost in time and labor. ACc I . JUL 2 2 1997 Land Dev¢lot)ment Code ond Udlidcs Ordinances. In accordance with Ordinance 91-102, entitled Collier County Land Development Code, and Utility Ordinance gS-76, regulations require that applicants must submit performance security agreements guaranteeing compliance with the provisions of these Ordinances and Permits prior to final appro, va] ora Subdivision Plat, ~n Excavatlon Permit, or a Private Utilities Permit. CDS s~aff is requlr~d to track the administrative, legal and fiduciary details of hundreds of these bonds nnd securities, including type of security, effective date, expiration date, payee, amount, notification of renewal, inspection fees and schedules, final acceptance date, and Board · ~pproval. ?erconti Data Systems will modify the design of its Development Review program to integrate th~s information with all the historic information ora project's engineering plan. At present, no centralized program for tracking th[s information exists within the engineering section of CDS. Code Enforcement Dh2ital Camera Interface, The County's Code Enforcement investigators are required to film ~nd photographically document all evidence collected durln~ ~ invesdBation. CDS is cu~cntly rese~hlng ~e ~tential cost savings or~ducln¢ i~ present S30,000 ~u~ budget for pho[o~raphic equipment ~d ~lm t~ough the use of digital c~c~. Should ~e rcse~ch in to ~is pro~r~ prove to be cost e~ecdve. Pe~onti Data Systems ~I1 design a compu[er pro~ for storin~ th~se images in the CDS computer ~ ~ importer p~ oreach c~e histo~'. Such integration ~11 ~duce annual costs for equipment. film, pa~r files ~d cabinets ~quircd by archival lax~ relating to ~e re~emlon or,his lypc of public info~tion. Should the research in ~o this progr~ prove no~ ~o ~ cost effective. Perconti Data Systcms will not bill for these sen'ices ~d ~c total ~ount of Ch~ge Order ~3 will be reduced by 51.500. All other terms and conditions of the contract will rcmain unchanged. A dclivcry :md payment schedule is as follows: Item Pqx'rnent $che~l~l¢ Amount Retalnaqe To~al Contractor Licensing (CL) Exam With CL Install 52.250 S250 52.500 Code Enforcement (CE) Rotation Lists Development Review (DR) Bonding & Security Digital Imagining Contractor Licensing Code Enforcement Vehicle-for-Hire (V-f-H) Change Order #3 Total: New Contract Total: With CE Install $4,950 $550 S5.500 With DR Install $4,950 $550 $5,500 With CL lnsudl $900 With CE Install $900 With V-f-H Install $450 $14,400 SI(X) $1,000 SI{X) $1,000 $ 50 $ 500 JUL 2 2 Willl.am R. C-oakley, ~ect Director Vincent A, Cautem, Administrator, Date Date Communi~b/D~~ent & Environmental Services Division Salvatore Perconti, President, PD~ Inc. D~te / Purchase OrdcrNo, 603435 Budgc! Account No. I 13-138900-764950 Attachment: BCC Executive Summary, approved 9/24/96 EXECUTIVE SUMMARY AUTHORIZATION TO EXECUTE CHANGE ORDER TO CONTR.ACT #94-2271, B~TWEEN PERCONTI DATA SYSTEMS, IN.~.C., AND COLLIER COUNTY, FOR . THE PURPOSE OF MODIFYING CONTRACT IN' THE AMOUNT OF $16,000 TO INCLUDE ADDITIONAL PROGRAMS AS REQUIRED BY ORDINANCE ~ To execute Change Order #3 to the contract be~'een the County Perconti Data Systems, Inc. for the purpose of expanding the original design of an integrated information management system for the Community Development & Environmental Services Division (CDS) to include modifications which will support ordinance requiremen;s for Code Enforcement, Contractor Licensing and Development Engineering Review programs not covered in the vendor proposal and contract. ~ On March 19, 1996 Collier County entered in to an agreement with Perconti Data Systems, Inc., of St. Petersburg. FL, to design and develop a compuxer- based, information system that will replace the multiple, non-integrated computer and manual systems currently used by CDS staffto support its administrative sen'ices and programs. Since the original contract was signed, CDS staffand the contractor have now completed review and definition of programs required to support the following ordinances: ~ine Bo~d Ordinance 94.~4; In 1994, the Count)' initiated requirements for every contractor to provide evidence of a p~sing grade on all tests relating to Business a~d Law, the contractor's special Trades, and other m~datory exams unique to the type of work for wkich they seek ~ valid County license. At present over 3,000 contractors update th.is information armually during the month of September. CDS staff is required to track the results of alt tests taken by · contractor, their passing scores, the name of the count' in which the test was taken, and the date of the pzssing exam. Perconti Data Systems will design a program that integrates the exam information with the other mandatory contractor licensing information and repo~, therefore measurably reducing duplication in data entry and administrative procedures. Code Enforcement Liner. Weed and Pla~t Control Ordinance 9147~. In 1991, the Board of County Commissioners declared as ~ public nuisance unauthorized dumping, accumulation or storage of liner, unlawful accumulation of weeds, gr~ss, exotics or similar non-protected overgrowth on ~ll unimproved property in the unincorporated are~ of the County, in ~ccordance with specific conditions outlined in the Ordinance. The enforcement and adminismation of this program is the responsibility of the Code Enforcement Depa.ru-nent, its Board, and the Board of County Commissioners. The County's purchasing policies require CDS staffto maintain a list of qualified businesses which the County can contract on a rotating basis to quickly remove, at the l~downer's expense, · 11 litter, weeds and 4~Oticb~NO^~T~U · contributing to the danger of the he.~lth, welfare nnd s.~fety of the County's citizens. Perconti Data Systems, Inc. will modify the design or its Code Enforcement program to include th{s information in the complete history of-ql cases. At present, this Jnfomnation is tracked m.~nually by staff at a...conslder.nble cost in time ~nd labor. _Land Develooment Code and Utilitie~ Ordinances, In accordance with Ordinance 91- 102, entitled Collier Count)' Land Development Code, a.nd Utility Ordinance regulations ~equire lh~t appl{c~ts must submit pe~o~ce secudW a~reemcnts ~u~nteein~ compl{~nce with the provisions of these Ord~n~ces ~8 Pe~ts prior to ~n~l apprcval of a Subd~v~slon Plat, ~ Excavation Pe~t, or a PHvate Utilities Pc~t. CDS s~ff is required ~o ~rack ~he admlnis~rative, legal ~d fiducia~ details of hundreds of these bonds ~d securities, including type of security, effective date, expiration date, payee, amount, notification of rene~l, inspection fees and schedules, final acceptance da~e. and Bo~d approval. Pcrcomi Data Systems will modi~ the desien of its Development Review pro?am to integrate this info~ation wi~h all the historic info~ation of a project's engineering plm~. At present, no cenlralized progrm for tracking ~his infomation exists ~d~hln the engineering section of CDS. ~ode Enforcemenl. ¢i~i~al Camera line,ace, ~e County's Code Enforcemenl investieamrs are required to film ~d photographically documenl all evidence collected during ~ investigation. CDS is c~emly rese~ching the po~emial cost ~avings of reducing i~s present S30,000 ~ual budget for phomgraphlc equipment and film t~ough the use of digiul cmer~s. Should the research in Io ~is progr~ prove to be cosl effective, Perconfi Da~a S)'s~cms ~511 design a computer pmg~ for storing ~hese images in ~he CDS compmer as ~ [m~nan: pm of each c~ history. Such imegra~ion ~511 reduce ~ual cosu for equipmen~ film, pape[ ~les md cabine~ requlmd by archival la~ ,elating to ~e ~tention of ~is t>'~ of public inromfion. Should the rese~ch in ~o ~hls prog~ pro~ not ~o be cos[ effecfix~. Pemonti Da~a Systems will not bill for ~hese sec'ices ~d ~he ~o~ mount of Change be reduced by S2.500. Ali other ~ems ~d conditions of the cont~c~ will ~min GROVvTH MANAGEMENT IMP.ACT: None. FISCAL IMPACT: Total cost of Chan~le Order t~.i -, SI 6,000. Original Contract Change OMer #I: Project Schedule Change Order #2: Tclephone Touch Tone Sub-contract S 25.750 Change Order #3: Additional Prog~ran New Contract Total ~K301,750 All funding for this project was appmv~! in 1:'Y95 and FYg~ ~ Development budgets; no additional finxJing is ~ .. Purchase Order No. 603435 2 Budget Account No. ! 13-138900-764950 ~.ECOMMENDATIONS: Th.~ the Board of Coumy Commissioners nuthorize the modification ~o Contract #~4-227 l,b~twecn the .B..oard of. County Commissioners and Perccnti Data Systems, Inc., in the amount of $16,000. for the purpose of including th'~ ' addi'ional requirements outlined above in support of the Code Enforcement, Conlractor License, and Development Review programs administered by thc Cornmtmiiy Development & Environmental Services Division. Prepared By: Willia~ A. Coak~'ey, ~ ) Director of Information Technolog);-~Project Director D~e R Vincent ~. Ca:~tero, Admini;irator, Community Development & £nvironmcntal Services DivL~ion TO: Perconfl Data Systems, Inc. ATTN: Salvatore Perconfl, President 8601 Fourth Street North, Suite 210 St. Petersburg, Florida 33702 FROM: Information Technology Department ATTN: William R. Coakley, Director 3301 Tamiami Trail East Naples, Florida 33962 SUBJECT: Change Order Number 4: Time Management Module DATE: January 13, 1997 Contract # 94-2271 Perconti Data Systems, Inc., currently under contract with the Community Development & Environmental Sen'ices Division (CD&ES) Division to develop an integrated information m:magement system, will design and develop a Time Management Softw,'u'e Program that will have the same "touch and feel" of CD-Plus, the Perconti integrated inform,',tion management system currently under production. Further, Perconti Data Systems, Inc. agrees to develop the Time Management Program using the sot't~e products of Borland DELPHI and C~'stal Repons. The Time Management Program will be designed to track and report accumulated time by employee name, position title, depanmenl/section,.hourly rate, Social Security Number, project name, project number and type, start and end dates, activity types, and other information. Approximately twenty-five standard repons will be created as part of the application. Specific data de£mitions and reporting requirements of the Time Management Program application will be identified' during ,, Users Requirements Meeting with CD&ES staff. Application testing will be conducted prior to installation and final acceptance. Acceptance (ensuring that the system meets the agreed specifications) will be made within 15 days of installation. Payment will be. 100% at time of acceptance. Four (4) hours of on-sight, classroom training will be conducted bi,' Perconfi D[ta Systems. The cost for the Time Management Program is $$,000. This includes system documentation and source code, four hours on-site training, and ,, one-year warranty from time of acceptance. This cost and license may be used throughout the County without further licensing fees. No retainage will be tied to CD-Plus. All other terms and conditions of the contract will remain unchanged. JUL 2 2 1997 D~livcry ~.nd T~fining Sch~ul¢ is a~ follows: User Requirements Meeting: Delivery of Application: Four Hours On-Site Training: Applicati. on Acceptance: January 17, 1997 ':." On or Before February 17, 1997 On or Before February 28, 1997 On or Before March 3, 1997 A pa:,m~ent schedule is as £ollows: ltcm Fou~ Hrs. On-Site Training Acceptance of Applicadon Change Order ~ 'Total: New Contract Total: Amg~nt R:tainag¢ $ 250 -0- S4.750 -0- $5,000 -0- · · y,'~-~irector Date Vincent A. Cau~ero, Administrator, Date Commun'd'Y D~D~.l~ment & Environmental Services Division Salvatom Perconti, Presklent, ~inc. Date / $ 250 $~,75~0 S5,000 $.~06,750 ~ Order No. Budget Account No. ~03435 !13-138900-704950 JUL 2 19<37 TO: Perconfl Data Systems, Inc. A'Fi'N: Salvatore Perconti, President 8601 Fourth Street North, Suite 210 St. Petersburg, Florida 33702 FROM: Information Technology Department ATTN: William R. Coakley, Director 3301 Tamiami Trail East Naples, Florida 33962 SUBJECT: DATE: Change Order Number 5: PROPERTY APPRAISER ASCIi FILE March 25, 1997 Contract # 94-2271 Pcrconti Data Systems, Inc., cun'cnfly under contract ~ith thc Community Dcvclopmcnt & Environmental Services Division (CD&ES) Division to develop ~n integrated information management systcm, will design, develop and test an Extract Program to create an ASCII file for the Property Appr~scr ot'Collicr County. This file will include all address (actual location) changes, as requested by the Property Appraiser MIS staff. This must include all connects Io property records or changes of thc strcct address field. All other terms and conditions of the contract will remain unchanged. Delivery and Training Schedule is as follows: Delivery of Application: On-Site Testing & Training: Application Acceptance: Work Effort: 4 hfs ~ $90. 8 hfs ~ $80. A payment schedule is as follows: On or Before May 30, 1997 On or Before May 30, 1997 On or Before June 30, 1997 -~//~. ... ~m Full Payment Upon Accep~ce New Contract Total: Amount Rctainag~ $1,000 -0- Tqt~l $1,000 dULg 1997 Bill Pickens, MIS Director Proper~y Appraiser J,~l~ yonkosk~-ectc,r~ ' --"~'- Dep~rtment of I{eve'hue~' William R. C°a~, el~, b[mctor, Information Technology Department Salvatore Perconti~ Pre,,sident, PDS, Inc. Date D~te Date Purchase Order No. 603435 Budget Cost Account No. 510-102030-634999 JUL ,?, 2 1997 A. D~tc: ~/.~//~./~ B.Vcndor:./') . · C. PO No. E. Cost Center: F. Bid No. G.Change Order Section II. T)~pe of Change Number:. D~criptlon of Chnn~e/Amount Amount o{'lncrease: $ Amount of Decrease: $ Amount to be closed out: A. Increase: B. Decre3se: [] C. Closcout: [] D. Ou3nt;b': [] E. F. Budgtt Account # Re~on for Change: {S~tloe 11~ Sect{on Ilia ~{UST B~ COMPLeTeD ~ND CC)ST CENTER OBJE~ CODE [S~,;o. lllg LINK I)F. SCItII'TIO,~ QTY. UNIT UA! AMOUNT PRIC E [Section IV. SECTION IV MUST BE COM. PLETED A. Original PO Amount { B..Current PO Amount I C. Ne~v PO Amount I D. % Ihis Change I E. Cumulative % of all Change order I F. Date of Change Order Approval (it'applicable) Botrd Approval Date Agenda Item Number. [Secfl°u V. SIGNATURE AUTHORITY (PF.R VTX UAS M. AN~A] D ~'f/' ~e '~ ~t~47 J DIVISIO/~/~MIN. APPROVAL CSIGN, DYg'T,(PpRi~VAL (SI. GNATURE) I I TELEPHONE NUMBER TO: Perconfl Data Systems, Inc. ATTN: Salvatore Perconfl, President 8501 Fourth Street North, Suite 210 St. Petersburg, Florida 33702 FROM: Information Technology Department ATTN: William R. Coakley, Director 3301 Tamiami Trail East Naples, Florida 33962 SUBJECT: DATE: Change Order Number 6: PERMIT FEE-ISSUANCE April 29, 1997 Contract # 94-2271 Pcrconti Da~ Systems, Inc., currently undcr contract with thc Community Dcvclopmcnt&: Environmental Services Division (CD&ES) Division to develop an intcgralcd in£ormation m;magcmcnt syst,:m, ~'il[ design, develop ~nd test a modific-~tion 1o thc Permitting/Cash Management modules o/CD-Plus for thc purpose or identifying as thc 'pcrmining trigger' GL fcc code 08MFSG instead ot'the current GL fcc code 08BPxx. The system ~ill continue to use thc 0SBPxx to fill in either thc IM or thc NP suffN ['or the Stand;~rcl Permit Fcc Code. All other tcrms and conditions orthc contract will rcm3in unchangcd. Delivery and Training Schedule is as follows: Delivery o['Application: On-Site Testing & Training: Application Acceptance: On or Before May 15, 1997 On or Be[on= May 15, 1997 On or Bc[.ore June 13, 1997 Work Effort: 4 Frs {~ S90. 6 hfs (~ $80. A payment schedule is as follows: Item Full Payment Upon Acceptance New Contract Total: Ar~o~g Retaina~e S840 -0- $840 JIJL g 1997 Ed Perico~ Director / ' "' Bu~ing Review & Pem~itting William R. Coakley, Dimc~r, Information Technology Department ~:~aivatore Perconti, President, PDS, Inc. Date Date [~ateI Purchase Ordcr No. 603435 Budget Cost Account No. 113-138900-764950 JUL 3 3 1997 7-1&-1~7 d.',~o~;~.! F~Cl'.t COLLZE3:~ II~F'O TECI4 9dl TTd 88! 1 P.I cOPY CONTRACT TO ACQUIKE A L1CKNSlg FOR TII£ CD-WIN PRODUCT BOARD OF COUNTY COMMIS~ONEIL$ OF COLLIEr COUNTY AND PERCONTI DATA SYSTEMS, Boa.rd of Court .~ Con~L~ ColLier County, FlorkLt, · pelifica~ $ub~,rhk~ oft~ State of ~" ~), ~ i$ ~ u~ ~d ~ ~ ~ ~ ~~ of ~ c~ P~ p~ua foriu mt~ ~d ~ u~ ~ ~ C~. C~n~. 3. ~ AIl n°~es from the Coua~ to the Comract~x s~.tl be deemed duly served if rtmled by r~gism.,~d or certified ~ to the Co~-actor ~u the followln~ ~ AfternOon: Sa~ Pe~-ontL 1601 Fo~t~ Smte:~ Hoc~h. Suite 210 St Petersbu~ lq. 33?02 AU notic~ from ~s Contractor to l~e Co~,u~ Mil be deemed duly set~d if mailed by mllstered e~ cenifi~ rr~i[ to the C~nty ~ the fo~owlnl~ addr~4: Infonn~Jon Technolo~ Am~ion: William R.. CoaJdcy. Dtrecto¢ Collier Count,/~ Center Na~e~, l~odda ~3~S2 Ehher p~y may d~n~ t~ n~v~ m~lin~ ~ at any ~ ~pen $iv[n~ the oO-~r I~y written no~ficatlon. All ~ ~ under th~ I of 15 JUL g FRO4 C~LLI[~'I:t lhl:'0 TECH 9d. 1 77& P. 2 Contractor shall be subject to the CoontT's appmv~,l, which approval s/~xll not be unre. ason&bly witb~cl& 5. ~ 'l'he Conu'ac~ shall comme~ce wxnk within tw.~aty-cight (28) r.,a~n~ d~ys agtet r~;civir~ n fully executed and ~;igne4 Contract ~nd a lqmice to Proceed from the Co,mt &h3~I ha'~ completed th~ wed: wlthCn tour hundred sLxty-two (&62) cal~ d·.,,~ of rt~ipt of the l%ticc to Priced. Th~ Counr~ m~¥, ~ iu//sa~oe, ~xtc~l thi~ C~ undcr &Il ~f ~he torres corditicms con~t incd in this Cc~tr~:t for ~ to one hnndred dghty (180) ~_ _t,.94u a. ys. ~ Cowry shall gtw the Co~tnctor written ~:~tic~ of its inte~tloa to extend this Co~ ncx less th~n t~irt d~ys pfi~ to t~ Co~tr~c(s scheduled termin,tion date. 6. ~.Lr, LT.~..I~ TIw Conu'acto~ shall develop the CD-Win producl using BorLm~ ]Dclph; for Win~ov~ ~ · t~htional ~tatzbase engine ~ lJm Coan~'s ChOice naming oa Mic~moft lqT Sit-tr. The County will ~ tl~ foUowing fo~ }ti own ~ A. A full de'~elopmcnt cop7 of BGrland Delphi for Windows; B. ~ ncccss~ cora~nlc~ion ~:~e. I~dwtr~ mci _lJ~m~ f~ on-Bn~ con':rnurtic~ms, file u'~ffm end ~ C. An application server turin, lng cur~mt vet~ica'ts of M~rtw~oft ]q'T Scrn:r ~ the telsticmal da.~bue ~mgine of thc Coun,'y' $ choice for ckv~lopmem ~es6ng a.ncl fu~ installation. Should thc Co~mty choose a rci~io~al dau~ao cn~n~ other th~n Mictoso~ SQL Server or Borland's l~tcrb,u~ ClicnV~:rvct. then thc County will FovHe ~ ConulctOr with · fully function~ cop)' of the scleac~ ~.htio~l datsbas~ tnglne,, for dcvclopment purposes ~ly. fc~ the dur~6on of t~is Conw'act. Ao The project will be ~veloind in ldma:s of 6elivetable ruo4ules c~rtt~'lXm~ng with the functional rnoduks ofr~ currmt CD-Plus product an4 in m:o~m:e with F. xhibit A of tl~s Contract. The C4x~trax;~x al~l deli~ w~ldng 6csi~ l~tC~pe vcrslons with source codes of each projcc~ m~ul¢ for ~ and s,r~lu~on by t~ County u&ff. During joint prototylfin$ phase of t~e 6ewdopmcnt cTck, ~ Cc~ sbal~ provide co,es of current source code W lhe County. Upon complctior~ c~' thc prototyping adqd ;cstln~ the Contr~ot will ia,stall each mo~l¢ in its Dm. al form and will &liver the moduk:'$ ~ource code and sTstern docamentztJon for t/~ Count's irnm~ie, tc usc. The mc~uks will I~ ~:veloped using the foLtowlnI sa,re?lc ~ c'rclc: i. Build initial pr~ot'ype 30 ii. Joint prcRo~yping :50 iii. L~k ~i~; jowlly ~ f~ ~l~on fu~o~lity 15 iv. ~i~ ~ c~ 2 v. T~n~ I0 vi. ~i ~ c~n 2 viL ~ imp~n~on 6 viii. ~i~ B. Thc Counly realizes tha~ the t~rne spent fo~ each phase of the do~lopment cycle may ntxd to bc adjusted based on thc spc~ with which the panics a~,rec upon the design. The 2 o1' IS ovcz~Jl ~ Oft~ pro, ct. ,,ot~bl¥ tl~ (ii.) jo;hr Ixo~otypinl ~nd (nj.) lock design Joint teginj i. Word Proccssiag fully in~'~.d with c~n~ ( ~: ~ U~ng & ~dinI (0~): ii. ~ Auto.don ~te~ ~ ~msoR Windo~ ~ 95 ~m~cnu (~: O~ ): iii. Windows 95 s~la Help; Wi~ will Iv. On-ll~ us~t~ble ingest he~: *i. Ad h~ G~p~; .ii. C~ viii. Auto~ U~ i~. Co~t~ ~h~; xi. Att~6on xiL x~. xvL ~bl~ A~ 3 or 15 JUL 2 2 1997 $, Xc~kle-f'or-Hii:~th company name, vehicle chssit"x:at~n, pcmgt cxpiratlon date. K. Dcveto~iml Review with dc~opnwnt ~ sub-pr~cu, applications, reviews, staff scAedulinL ~d bou, d s~d cormnla~ q,md~s. &nd link inventory, ctpaciry phnniflL tundra, ds and cmu, and socio-ec~flomic data. M. ~ L'~ludas six (6) weeks of · f~Rl7' ~ &nd functioral intestate! system, in ~.a.~,-~ ~th all specif'~om, follo~ad by rclcue of all retainable. 9. B~tch Prc~'~qi~t. Th~ Contracto~ shall prvvi~ the mbtU~ t~ scbed~k ~nd run relxa~$ aod queries ia utanexk:d moee. T~ CD~V~m ptodu~ ~ lax~k the abilk7 to: A. Print &nd save a s~p~ in · print-image forr~t to a fi~; B. P~ reports and tiaa pflnt Lbem ~t a lattr gme: nod C, Rc~ircct pdat~ destiratlons. Both p-~tles agree to coopt~t~ in the in'wmstigadon ofth~ ixz,~ible use ora third-party, commcw~. full func~on print :pooler fo~ Windows 9~. 4 of l$ 7-14-19<37 1~:10'4 ClJ_LI['R Ih~'O TEOq ~t.I 77'& P. 5 1 I. Rcs~oqtq Tirn~. Both parties recognize tl~u application ~s~ d~ u ~ by sTs~m u~n wj]~ ~ dt~adcnt u~n ~e t0~ ~rs~em ~u~o~lJ~y oEthe C~W;a ~ ~d t~ ha~w~ ~ Ao DuHn8 tho ~ of this Contract through ~t~l Acceptar, ce. all s~ c~a ~Jl ~ clc~y id~dfi~l ~ ~a ~ 0f~ ~ ~. ~ C~nty will ~ c~ of~l sou~ c~ l~lu~ t~ m~ul~ ~tnt ~vtl~. A~ ~ de~op~ut ~ fi~ sou~ c~ ~d s~ d~~ ~1 The County requires that ~I soun;e code be ~ ~ C~ ~ for ~ada~ll~ ~u~ess of valle ~s ~d ~ ~[~t the ~~t of the ~.Win p~uct ~) ~u~ ~t the ~ ~n ~ ~tnt~d ~d ~t ~vtlop~nt c~ ~ndnue if t~ Con,ct ~tw~ thc C~n~ ~ ~o Cont~lot ~l ~at~. The Cou~,ty has thc right to use et modify $o~rcc code pr~v~cle~ by tl~ Contractor only for system~ to be used by the Co~mty'$ Cornmuni~ D~'eloprnent and Environrnent~ Ser'4ces Division. D. Prior to completion, te.,'m~ation or default of this C~ntract, &Il source code created by the County or tho Contrac~c~ shall I~ the ptoperxy of the Contractor. E. Subsequent Io completion, termination or default of this ContracL ail new source code created only by the County shall bo de~rly ma;Lcd and ld~nd f'~d as the property of the County. F. The Contr. tctor is not obligated to del~w.r sourc~ cod~ let thltd.Farty couv~rsioo softw~-e to the County. 13, System Documtn,~tion. T~ Conwactot ~ pmvt~ ~ ~d u~ ~d s~em$ a~inis~d~ d~on in rJ~c ~d p~ f~ ~ ~ will ha~ ~sston to ~e unli~t~ c~s of ~ d~don for its ~e. 14, ~Jas~,.tiL~. Thc Count' sha~l pay thc Contractor for the pedormance of ~ls Cont~ a not-~, total c~ ~eunt of ~hun~ ~ th~ do~ ($2~,~) ~b~t t~ ch~ ~ an~ ~d~ to t~ ~ ~ ~ ~ ~v~ ~ ~e C~ty. ~y~nt will pamlld the pk,~ ~ing ~ ~~ ~1~ u ~li~d in Exhibit A ~ ~is The dcve. lopment cfi'on will not c~ t~ Count7 rr~re ~ tho a.,nou~t for which d~ Co, tricker thc finis~ecl CD-Win ix. od~t on tl~ open market. The Comractor ar, mos that. assuminI Final A~ n~d Fitad Payment by th~ Court. let ~a~ CD-Win module ~old prior to January I. 2000, for less than the cos~ per module paid by the County. m ~ below, the County will t~cci~e one fre~ a~itionai yoa~ (up ~o a total of feet ye. u3) of malnteranc~ taxi suplx~t from th~ Contractor, beyond the initial Uu't.~),~at warranty pa'ind. Additlotud trmlnttmancm yeats will accrue at the then Minor ~nhanc, rnent hours and prosranmaln~ r~es, An,/quotations (~11 quoca~i~n~ are valid for 90 days) already delivt~-d ptiet ~o ~¢ e. xecutic~ of thls COntract am ~cmlN Imm thi~ ~ of I~ JUL g :Z Pl. -~ T-Id,- 1~:37 gl:~4 CO-LIE)~ IhF'0 TECH ~! 774 0811 P. 6 A. C~ B~kdown for Coll~ C~unw's CI~-Ph~ For W'mdow~. S $ lO,CEO $ 20,000 $ 1.%000 Ii. i;on~'s $~1~l~l~vs For W~_(wlll nc~ lnclu,~ optlo~! dcve, lol~ment COl~' of Borland IMlpl~t, or ~ ~ or SCl~-~tc ganbase so~iwa~ however. does lnclud~ fi~ (5) ¢l~ys, on-sim per n'~lule for Ini~in~mplcrnc~tion). I $~0,000 $40,000 $60.000 $80,000 S120,000 2 $30.000 $S0.000 $70.000 $90.00.q 3 S40.000 .~).000 S$0.000 $100.000 $140.000 4 $'~0.000 $70.~X) $~).000 $119.000 5 $60.0~0 $$0,000 $100,000 $120,000 $1 ~0.000 15. ~ P~0~t.i D.g~ S~ Inc~ m~'.es th~ fro' ~h~ chef,ion ~ ~e ~1 Sd ~d will r~:m~h~ l~r~,-~ly involved wi~h I1~ ch~lsn. ~=v~opm~. t~f,g~$ ~d i~ut~ll~lion of the CD-Win prod~t, a~ w~ll m~ directly ~,l,ist t~ Coul~ st~f with · system mvnzt, ncss arid ind~'~ri~tio~ lx~ for i~s t~d-ustrs and with ~dvlc~ aix~t rtsn$inmgn~ ~ bikini, s protest, 16. ~I=, 'Ibc CD-WIn inxnluct ~01 t~clude ~Imnasivu, u,w~-frk, nilly. Micmsofl Winaows 95 on-line h~Ip. Tb~ Contr~ and the Couaty will expire help features simUnr to thor,~ found 1~ Ml~i'~c~ ~ 9~. Addi~lo~ly. ~s ~ opiicsa to thc C~'ac% tl~ Co~tr~or will tnv~sff~t~ tl~ pos~'bility ~'c~mlin~ a tn~nlng CD-ROM. similar to the Class Ac~ Just-In-Time self-t~nin~ inmvctiotml CDP, OM fc~ Micru-~t't Win4ows 9~. ,JUL E 1997 :: --utom~tic~lty ~sstln$, to th~ Contnctot the 0wTmnhip o~' ail coFyfi;ht intc~sU ~hcr~in. wi~out the nccesst~ of zny other cot~stdez'~tJc~. t9. C~ All right, title, Lad interest in ~,nd to ~ny da~ r~hflnI to ~ Co~ntp's l~siness ~e Md shtll mrn~n th~ t~o~ny orlhe County, .heth~ or n~ supplied [o the Contractor. 20. C~enti~ ~nd Pro=riot. try lnf'or~iti~n. Proprietary Information._ The C~nty tch~owled~ that in ord~ ;o Terforrn tha services c~led fo~ i~ ~is Conrr'~L it Sh~ll b~ ncc~ssa~7 fo~ ~ C~or ~ dl~lose to ~e Coun~ ~d ~ut h~ ~uired con~d~hlc cffo~ of s~ ~f~i~. ~ C~n~ ~ · c~s to ~y su~ ~p~ ~f~ to any ~1~ ~ to ~y ~ p~e~ cff~ ~o ~ Count's filhts ~u~ ~d who ~ ~uad ~e~cl~ ~ ~s~ ~ p~ the mn~dm~i~ of~ ~de~ Info.acid. In no ev~t ~ I~ C~n~ dlsc]o~ ~y such ~ lnf~ to ~y c~tan of the C~or, No~witJ'..~nding ~ny~hinI to the comraz7 in s~ion 20~ ~ ~y ~r s~on of this Con~ ~ Con~ h~ ~ow~ ~ t~ C~n~ is subj~t by law ~ ~n~in i~o~ion and d~u~t ~i~losum ~ copyin~ ~ut~u ~t ~y r~u~ the Coun~ to di~lo~ ~ff~ m copies ~ u~u~nts ~l~ng to or foxing CD-Win ~u~ ~ ~ Con~ d~s ~o ~ ~nfi~ti~ ~pri~, or sub~t to ~de ~ ~ ~t ~om Acc~ingly, ~ to dJ~losing such Mfo~t~on or ~nsent to such ~1~ m ~u~ion ~nd ~ Con.mot ~ no( ~o un~onab]y wilhold s~ ~c M ~y c~ wh~ ~ C~a~m ex~ssly ~u m s~i~ · ny ~ ~ ~ Com~ for s~ a ~ of ~ti~ ~ c~im of ~u~m In ~y c~ w~ ~ C~ ~s~ m ~ ~ d~lo~ m ~fi~ is thc~t~ ~ a ~ to a suit ~g u~ ~ 119. ~ Publ~ R~ Law~. ~ C~or a~ to tnt~ in such suit with c~l ~u~ts ~e Co~r ~ ~ueN~ the ~n~ to withhold u~ Con~ ~. in f~t ~e~t Imm ~e ~ion of · ' ~i~ ~bllc E~s to S~ti~ ! Ig.07D)(o~ Sh~ld ~ c~ in su~ ~ ~it ~t~i~ E~S ~w. t~ Cm~ sh~ ~ no cl~m ~nst ~ C~n~ for vioht~ of Con~ or ~de ~ ~ ~ght Ilws. H~. to !~ ~t~t u~bly wi~o~ i~ co~t to di~losum or ~p~i~ in ~ Cowry ~ n ~uR of ~ no~i~l~u~ ~ nonm~m of d~nu. 2 I. ~ Upon completion ~nd noc~x~ of each CD-Win module, the County ~h311 bc ~ is h~b7 g~nt~ a licen~ f~r un~st~ct~l ~d ~ u~ to I~t ~ule. ot JUL g g ]LY...~ The (:mt,/wartsms att it m sit t{lht, title, &nd Interest la and to, of has full and s~fficic~t dSht ~ z~ty lo ~ ~ ~ ~ c~~ by this C~. Contnctrn/s cxclud~ of rilbts ~ ~, ~ ~d ~s idcn~zO u ~ to (:~ b)' ~i~-~y ~ to g~nt ~ ~ ~e fights a~o~ed to t~. under s~on ~A~R MA~ NO ~~A~ON, ~S OR ~. c~ by nu~ of h~ to di~ ~ ~ Id'i} "o-~ JUL 2 2 1997 . Syr~m ~h~e to pert'orm t~k: function~ Mini~m tmp~ to Count's ~s~o~. N~ ~~ by num~ of hou~ to di~ m fix. ~t 2 R~n~ ~: C~ ~1 coot~ ~ C~n~ ~in six (6) h~, du~n~ no~ business h~ to ~g~n ~blem d~ u~bfli~ ~ ~o~ ~ ~ot ~~nt ~ ~ ~ f~r (4) ~ to compl~ ~ 3 ~ ~: ~n~tot ~11 ~ ~ s ~ quo~ ~o ~o~ ~ w~, which {o cxisHn{ ~ions ~'~ f~s which ~uire in e~ of f~r (4) houri to ~v~l 4 R~n~ ~: Con--or ~11 con~t ~ C~ ~in R~ (5) busi~ ~ du~ng no~ busi~ horn, ~o ~h~ule ~ wo~ ot ~vide m p~c~ quct~ to ~o~ ~ w~, which ever is ap~da~e. 2~. thirty (~0) days ~t~n nott~ A ~fault ot b~ch o; ~15 ~ cit~; p~Y to ~o~ ~ com~ly wi~ the t~s ~d ~d~ons o[ ~ls C~ default or ~h of ~s Contel ~ n~Hcfaul~ni ~ ~Y tc~na~ ~is C~t~ f~ cau~ unless ~c ~fault or b~h is ~ ~o ~ n~-dcfaul~n~ ~'s ~tisf~ion wi~in Cont~ for ~y ~, ~ Coun~ shaB ~ ~ d~hl to ~l~ ~ ~ ~ ~ m ~ntin~ to ~vclop ~ ~m p~t for i~ o~ u~. ~ C~ ~ ~n ~ ~~ Iken~ ~o ~1 ~ ~Win p~uc~ a~dy ~velo~ ~ ~ ~ of ~n~i~ and right ~o ~e c~ies for i~ o~ u~ or ~ o~i~ ~ui~ by law. Sh~ld without caul, all wo& ~ pdor ~o ~ of ~ ~ti~ ~ will ~ invoi~, such invoice to ~ due ~d pa~blc wi~in ~ (30) ~. In addition, u~ ~tion ~ caul, all ~tainage wi~ld on prior invoi~s will ~ due ~d ~yablc wi~in ~i~ (~) da~. 26. ~. ~is Con~ shMl ~ govcm~ by ~ laws of ~ S~ of ~d~ 2~ Co~J~ ~o s~h ~n~ sh~ ~ b~ndm~ u~ ~ ~signo~s su~n ~d 28. · ...... '--~ ~o ~ o~ions olmos ~n~ ~-~ s '~ wi~h ,11 ~- ~h ~ ages ~at it will ~ i~ ~li~ations hcKun~t in 29. ~oh .. ~ ....... ~i~s, ~1c~ cx~ti~ o~ accord~ce wi~ ~1 appl~camc ~a~a. ~Kaftcr in cff~. ~h of ~ ~cs hcKto a~ n~ to di~minatc ~n~ ~y ~ng. upgrad~n8, or ~ting on ~ buis of age. ~x. ~. col~. c~ II~'O TECWl 9Al 77& 8811 o3~[~'icial,, employO'-& and agents from a~y ~ all cl.'ulna. Ioss~. ~ltz~ ~. ~a~n~ ~ono~ lo~ ~s~l ~t of w~ful ~o~ ~ a~ll~ of ~ C~. his subq~sul~nts, ~e C~t~ ~d ~ C~ ~ ~at ~ f~ $I~.~ of c~~ P~ by ~e Coun~ under p~vlsi0n ~ n~ be ~ in ~y way to ~e ~ u~n t~ c~v~t amount or the Con~c~r's l~t of or lack of su~ciont insur~ ~ontr~ctor ~ ~ ~ lt~blt to t~ C~ f~ ~Y t~Ide~L in~i~L or con~uenti~ d~ or ~ ~u~p~fiU of the ~un~ which ~y ~ at~butable to ~ u~e ot ~su~ of ~o C~in p~uct by ~ C~nty. B. ~ In no :v:nt ~aU ~e C~or ~ li~b~ f~ !o~ of ~ or ttco~s of 32. ~ Da~a ~nvemion will ~g~ i~i:~ely. ~ County will provide the Con~or · samplt of 5~ or m~e ASOI ~t~ ~ f~m ~ch dam fllt to ~ conve~ed for use du~n: ~o pr~o~in~ p~ of ~ pro~ ~o Cont~tor will p~vi~ ~t: con~:~ion softw,~ ~d p~u~ to ~m ~t t~ of h~o~c ~ into ~ ~W~ ~w~ ~OUSE So~ pmdu~ Addt~Y. ~ C~ot will con~n essen~al da~ in ~c C~nty's Wi~ ~ Netw~ (WAN). A ~ of ~ ~ c~nt~ sof~ g~u~a and ~ payable ii~s). ~t C~nw w~ wl~d I~ ~ t~ pay~t for cxh ~li~b~ U~ I0 of tS no. JUL 2 2 1997 n. ~~ Co~ ~1 ~Io~ of~ C~or ~ ~ ~ ~ in ~g LI~btliW Tn~ ~h~ ~ ~ ~ ~e ~nt of S~,~ for ~ cl~m ~ Con~ wiU ~ ~e C~ u 'ad~l insu~ ~ ~ ~ Com~ ~ab~ty ~ ~ Bu~s Aum~bi~ poli~ ~ CoHi~ Co~ B~ ~ Coun~ Cm~i~ H~ ~ No Co~ ~v~ ~L n~ ~ ~ should a~ ~ ~e Con~ will insu~ tMt gl ~~ co~17 ~th ~ ~ ~u~e ~u~ts ~t ~ is ~ to ~ h~o u ~hiMt B of ~ C~ Ali tns~ ~fi~t~ ~II t~lude ~ ~t~ (30) day c~ ~ ~isi~ to the County u F~ ~" ~ ~ ~' ~f~ ~ ~~ ~ ~ ~ ~ will. t~ ~ pa~t g~c ~ ~ ~ ~. ~ ~ ~r ~ by ~ C~n~ will ii ofl$ ,JUL : P. 12 t2ofl$ JUL 2 2 lC~' P. 13 Type/p~nt witness CORPORATE SEAL (coqx~r~tio~ only) Approved as to form Michael ~d. Pe~t, Assist~t Count), A~omey 13 of 15 .o. ~..~ JUL 2 2 1997 ?=I&-lggT d. ~ 131:a4 P. 14 .. Reflect~ a ~,t. tb~a~ d' l 0% ft~n tach PaTment m~U l:~n31A~' JUL ~ g 199~ & Co., Inc. Box 14958 Clear~atee, FL 3q629-4958 pe~ontt O~ta Systems, Inc. NOT AM~O. ~ OR ~TER ~E COVE~GE A~GRDEO p~(s a~ow.. ............. -- - COMPANIE~ AFFORDING COVERAGE ~"~A ~land ~su~lty Co~any ~a ~ryland Casualty 8601 4th St. No. #210' ~ Rtscorp Insurance Comoany .St. Pete~burg, FL 33702 ~E Admiral Insurance C~¢any PPSZ4831209 6/29/95 $ Proftssi~al .£ Liability pPS2485120~ 6/29/95 6/29/96 26054 4/24/95 4/24/96 AgsMP8066 7/1/95 7/1/96 '~[~~;d~oO?Csu,~a~}pLr~."~L'~n~;~a .4-2271-Contract to acquire a license for :he CO-Win product bergen the B~ of Coun%y ~tssloners of Collier County and Percont{ Data Syst~s. InC. Co111er Countg ~rd of Coun:y C~sstone~ i~ in~lud~ as ~dltional Insured as respect' re ens~v~neral Liability and Business L~abi!l~y.co~erages- ~llier County 8~rd of ex~ ~ ~. ~ ~ co~m~ ~t tqA~ ,o C~tssloners ~ples, Florida ~n. ~T ~ ~ ~ ~ ~,ct ~t ~ / J · .. - · " T'" UL .__ ...... %. EXECUTIVE SUMMARY RECOMMENDATION TO ADOPT A RESOLUTION AUTHORIZING THE ACQUISITON OF PERMANENT DRAINAGE EASEMENTS BY GIFt' IN SUPPORT OF THE PROPOSED IMPROVEMENTS TO S.R. 29 - II~MOKALEE DRAINAGE CANAl J;}J~C._T..~. To obtain authorization from the Board of County Commissioners for the acquisition of permanent drainage easements by gift in support of the proposed improvements to S. R. 29 - Immoka[ee Drainage Canal. .~'~_0_N$1DERATIO~; The Collier County Stormwater Management Department received ~_~-ous complaints from the property owners regarding the impaired flow of water in the S.R. 29 - Immokalee Drainage Canal. Please see the attached map on the Resolution. As a result of this program, fl3ere will be two (2) construction contracts: one (1) contract for the constm~ion ol: the S. R. 29 private culvert crossing improvements (less one {1} private culvert crossing which will be constructed by the Big Cypress Basin, if a drainage easement is conveyed to ColliE,' County, and if funds of $5,760.00 paid by the property owner for the culverts); and one (1) contract for the canal improvement. As a result of the rainfall during the summer season of 1995, the property owners agreed to pay a proportionate share c4' the cost of replacing the existing pipes located under p~ivate culvert cn3ssings. Collier County ha~ received $28,608.00 towards the cost of the pipes from the property ownenl and placed this money into an expense account approved by the Board of County Commissi(x~ers on ~ 11, 1997. An Executive Summa~j was presented on Merch 11, 1997, regarding the award of the construction con~ for the private canal crossings to Saltsman ConstruO:ion, Inc.. for the S. FL 29 canal crossing impmvernents. ~ order to open the flow of water prior to the rainy season of 1997, the Stormwater taanagement Department tmcted the Rea Property Management Department to acquire the neces~ drainage easements via donation. Sb~ff has ob[ained the drainage easemenl~ from the ~ o~,~'~rs ,,W~'ein private canal crossings sm located, except for one. Stall subordinations on the properties as soon as poss~le. Collier County will fnaintain the drainage easements, but if the pipes to the culvert crossings require replacemer~t in the future, the County will seek contributions for the replacame~[ sb'uctums from the ~ owrmm. The propeA7 owr~ers will be respoosible for the mai~tse.~x:e and rsplaceme~t of the roadways ~ the culvert crossings. .]an CAL IMPACT: Staff estimates that the total .co,,~t.!.or recording the drainage easerner~ asSOCiated domxne~ts and the cost to obtatn tree commitments and exceed $8,000.00 which will be paid from account number 325-172951-31701 (Water Management Capital Fund, SR-29 Culvert Upgrade Project). _GROWTH MANAGEMENT_IMPACT: None. ~N[~ That the Board of Count. v Commissioners of Collier County adopt end authorize the Chairman to execute the attached Resolution. pREPARED..B~ ~'--'"':~'~:' ;"" ~-'-~-[.. Q'uinn, Real Property Sul:ewiscx Real Property Management Department DATE:_ (,' / R-'~ert C. Wg'ey, P. E., Project Manager Ill Office of Capital Projects Management BY: '~"c~ H~. Bo~clt,' P.E[~ & P.S.M., Director Storrnwate~" Management Department ar: ,~,~.o ~ (~o=,~ P-F-, o_~x . Off'~.e of Capital ProjeCts Manegemem Ed Ilschner, Public Wod~ Division DATE: _ ~'g' fi7 .... J JUL 2 z I~S 1 RESOLUTION NO. ~-~ A RESOLUTION AUTHORIZING 3'HE ACQUISITION BY GIFT OF PERMANENT DRAINAGE EASEMENTS TO COMPLETE THE $. R. 29 - IMMOKALOEE DRAINAGE 6 7 WHEREAS, the property OWT',e~ effected by Ihe S. R. 29 - Immokalee Drainage Canal 8 have requested that Collier County Improve the canal to aRow free flowing water, thereby 9 Improving the drainage flow and prevent flooding; 10 VVT4ERF. AS, Ih~ pro~rty ~ with private culvert c~'ossings (except one {1} wi~tch 11 will be improved by the Big Cypress Basin, If a drainage easement is conveyed to Collier 12 County, and if funds of $5,760 which will be paid by the property owlet fo(' the culverts), 13 which run from Ihe respective prlvelely owned real i:m3perty, over, above and/or across the 14 S, R.-29 - Immokalee Drainage Canal to the opposite side, have contributed $28,608.00 15 towards the costs of replacing exisling pipes located under the private culvert crossings; 16 WHEREAS, the private culvert crossings em dilapidated, rusted, out, have in the past 17 collapsed into the S. R.-29 - Immokelee Drainage Canal, end thereby, obstructed the flow of 18 waters and caused flooding upstream or ere of such inadequate capacity that during · peak 19 ston'n flow, will collapse; 20 WHEREAS, in such event, these collapsed structures will, as other similar collapsed 21 structures in the S.R.-29 - Imnx3kalee Drainage Cas'.el have done in the pest, obstn.~t, 22 impede, and/~ block Ihe flow of high w~tem, to such extant It,et flooding upstream would 23 occur, as it ha~ in the past, necessitating evecuatio~, and edditio,,~Nl'f cause destructto~ Io 24 crops, to home, ~ to the ove~ll health, ~af'oty, and w~)lfare of the residents of Imm~x~alee; 25 WHEREAS, the real property owne~ end the County am desirous of purchasing ne~ 27 Mar~ D~artment system to better pcotect~ the pubtTc'a heallh, safety, and 28 29 3O 31 weEam; and WHERE. AS, in ~der lo open the flow of water prior Io the rainy season of lg97, Stormwater Management Department is roquesth3g dcx'mtlon of t~e ~ dmlnege easements for the i:xtvate culved crossh'~s and the cannl fi'om the pmp~ owrmm;, Pas~l 1 WHEREAS, th~ Oo,erd o~ County ~lssio~"~fl re<:ogrdzes that the eXl~,editlous 2 acquisition of the ro<T.~red permanent drelna~e eosements &re h'rTx:~ to maintain the free 3 flow of water and prevent flcx)dfng. 4 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY 5 COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:. 6 I. The Stormwater Management Department imixovement$, which Includes. but 7 ere not timlted to, the re-building of private culvert crossings, the ren'K~val and cleating of ~ 8 bn.~sh, trees 04' debd$ necessary to open the flow of water, and any other' Improveme~Ls 9 necessary for the S, R, 29 - Imflx)kaleo Drainage Canal, es identified in Exhibit "^", attached 10 hereto end mede a part hereof, are necessary and in the best interest of the citizens of 11 Collier County, Flodda. 12 2. Staff is hereby authorized to acquire permanent drainage easements from the 13 effected property owners by gift only, 14 3. Collier County hereby accepts the funds of $34,368,00 for the replacement of 15 the culvert crossings submitted or to be submitted by the property owners. 16 4. The I:)rol~erty owners are and shell be responsible for the maintenance and 17 replacement of the private mact~ays over the culvert crossings. If the culvert c~ossings 16 require replacement in the future, Collier County shell seek conttibutlo4-,s for costs of the 19 replacement structure from the l:x'operty owners. 20 5. Collier County shall be respons~le for the maintenance of the parmanef~t 21 dreinage easements. 22 6. The Board of Ccxmty Commlsslor~s hereby auth~zes its present Cheirman 23 and any subsequent Cheirman, fo,' the life of the project, to execute uny insb'uments, which 24 have been approved by the Off",:;e of the County Attorney, for any purpose as required for 25 the acquisition of the ~ drainage easeme~ta or any o~er docurne~s necessagy for ~ the comple~ion of ~s projed. 27 7. A~I title to Ihe ~ drainage easemertta obtained in ltm mm'~nm' 28 described above shaft be deemed *accepted" by the Board of Cou~ Commisslcx',ers, the 29 governing body of Collier Court, Flodde, · political subdivisiort of the State cd' Florida, and 30 utaff is hereby authorized to reco~ k~ the Pu~ic Re<:x3rds of Collier Co~y, ~ seld 32 ~e,.~of=-,y~,c,.,mb,-~fro~U~e,cq~'.d~~~ JUL ~ Z ,~.c ~'-q' : 1 2 4 7 10 11 12 13 14 15 16 17 18 DATED: BOARD OF COUN'~ COMMISSIONERS OF COLLIER COUNTY, FLORIDA A'I'FEST: DW1GHT E. BROCK, CLERK Deputy Clerk iI Approved as to form and legal sufficiency: HEIDI F. ASHTON Assistant Coumy Attorney TIMOTHY L. HANCOCK, CHAIRMAN EXHIBIT "a~ P a g e ,./,, .'~ 0 f ':~ '-"', ', E,,.niB¢ ~,~-,', ....... Page .~. of ?.' .! , -t j U L Z ~ IS$7 J 1 Page ' I 1 I* 'JUL 2 z 1 ~._ll . .EXHiBiT Psge 7. "A" of.'/'. I ,,/ ! EXECUTIVE SUMMARY APPROVE A STIPLILATED ORDER FOR DEFENDANT'S ATTORNEY FEES AND COSTS, COLLIER COUNTY AND THE COLLIER COUNTY WATER-SEWER DISTRICT V. KINSLEY, ET AL., CASE NO. 96-1315-CA-01-DKM, PARCEL NOS. 90la, 706A, 906A, 706B, 906B, 70~C, 906C, 706D AND 904D, OLDE FLORIDA GOLF CLUB, INC. AND OFC OF NAPLES, INC., NORTH COUNTY REGIONAL WATER TREATMI~NT PLANT EXPANSION (~VELLFIELD) EMINENT DOMAIN CASE. ~'E: To obtai~ Board approval for paym~mt of $3,220.00 for a Stipulated Order for Defender's Attom~,'s F~s and Costs, Collier County and the Collier Com'~y Water- Sewer Disl~ict v. KINSI~.Y, ET AL., CASE 96-1315-CA-01-DRM, Parcel Nos. 90la, ?06A, 90~A, ?0gB, 906B, 706C, 906C, ?06D AND 906D, Olde Florida Golf Club, Inc., and OFC of Naples, Inc., for the North County Regional Water Treatment Plant 8-mgd Expansion Project (NCRWTP). CONSlI~ The Board on January 9, 1996, it~n 8 (B)(I), adopted R~solution Nos. 96-13 and 96-1 authorizing staffw acquir~ the n~essary raw water main and well site casements in fee simple by gift, purchase or condemnation for the NCRW'I'P 8-mgd Expansion project. These ,ites have been acquired via fee simple litle. Final d~sign is being completed and the proj~t consirucfion will commence October 30, 1997. The County and the Respondent have agreed to a Stipulaled Order subject to the payment ss noted above. The Stipulation provides that the County deposit the total of $33.20.00 into the Registry of the Court. Staff has reviewed the County's obligations stated ia the Stipulated Order and consider them to be reasonable. The obligations compensate the defmdant, Olde Florida Colf Club, Inc., and OFC Of Naples, Inc., for attorney fees ($1,345.00) and appraisal services ($],875.00). FISCAL [M'PACT: Funding for the above order is available in Fund 412-273511-70859, NCRWTP 8-mgd Expansion. GROWTH MANAGEMENT IMPACT: The project is consistent with the capital improvement element of the County's Growth Management Plan (CIE 859) and the rabject ~cquisition was a requirement for the project. RECOMMENDATION: That the Board of County Commissioners, and as ex-officio the Collier County Water-Sewer District, approve the expenditure in the smount of $3,220.00 in accordance with the attached Stipulated Order For Defendant's Anomey Fees and Costs for the NCRWTP 8-mgd Expansion project JUL 2 Z Ez~'utivc $~nery Pa~e 2 PP,,~AP, ED BY: RBVIBWBD BY: R.~VI~WED BY: Attachment: Stipulated Order For Defendant's At/omey Fees sad Costs cc: Karl W. Boyer, P.E, Sm~ior Project Mansg~r Michael IL Newman, Water Director David C. Weigel, County Altomey IN THE ClR.~ COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA CTv'IL ACTION COLLIER COD~TY, FLORIDA, ~ poetical subdivision of thc State of Florida, and TH~ COL~ COUNTY WATER.- SEWER DISTRICT, Case No. 9(>- 1315-CA-01-DRM Parcel Nos. 901A, 70~5A, 90~A, 7003, 906B, 70~C, 90~C, 70CD, and 906D WILLIAM A. K[NSLEY, ct al., Defendants. / STIPULATED ORDER FOR DEFENDANTS' ATI'ORNE'Y F~I~.S AND COSTS THIS CAUSE having come befor~ the Court trl~an Joint Motion made by Pldntiff~md Defendant, by and through thcir underdgn~l counsel, to tax reasonable ~ttomey feea ~nd costs as to thc property interests of Defendanta, OLDE FLORIDA GOLF CLUB, INC. and OFC OF NAPLES, INC., and it appcm-ing to the. Court that the part/ca m~ authorized to entcr into re:ch Stipulation, and the Court being otharwis~ fully advised in the premises thereof, it is thereupon ORDEKED AND ADJUDGED that the Pla/nti~ CO~ COUNTY, F't. ORIDA, and TH~ COLLIER COUNTY WATER-SEWER DISTRICT, pay Defendants, OLDE FLORIDA GOLF CLUB, ENC. and OFC OF NAPLES, INC., rea~or~ble attorney fees and costs pursuant to Ch~ter 7~, Florida Statutes, in the total smount of $3,220.00, wMch r~r~tts $1,.345.00 for attomcy fe~ and $1,875.00 ~s costs for nppr~r~l servic~, subject to the approv~ of the Bo.~rd of County Commir~ioners, ~nd it is furth~ ORDERI!D that thc Pisintiff, COLLIER COUNTY, FLORIDA, ~nd THE COLLIER COUNTY WAT.EI~-SEWER DISTRICT, shall deposit the total of $3,220.00 into thc Registry of this Court within thi~ (30) daT~ ofthe dste of this Stipulated Order, and it is further ORDERED that upon deposit into the Registry ofthis Court, the Clerk of this Court shall pay the total amount of Thr~ Thousand Two Hundred and Tw~ty Dollars ($3,220.00) to Andrt~, I. Solis, Esquire, Young, Van Assendc'rp & Vamado¢, Trust Account, 1~01 Laurel Oak Drive, Suite 300, Napl~, Florida 34108. DONE A.ND ORDE~RED in Chambers at Naples, Collier County, Florida, this day of ~1997. conformed copies to: Andrew I. Solis, Esquire Lawrence S. Pivacck, Esquire Emestine Cousineau, CLA DANIEL R. MONACO Circuit Court Judge 2 I 31il. Z,:lS! !O_INT MOTION FOR STI~UI~Tr~ ORDER Plsintiff ~nd Defmxlant, by snd through thdr undersigned counscl, hereby move for the .. Court to cntcr thc forc/oiflg S6pulaltxl Order For Dcfcndanfs Anomey Fccs and Costs ss ~) thc properly imcrcsts of Dcfcndants, OLDE FLOR.IDA CK)LF CLUB, INC. and OFC OF NAPLES, INC., ~ to Parcel Nos. 90lA, 706A, 906A, 706B, 906B, 706C, 906C, 706D and 906D in the Florida Bar No. 894656 Young, van Assendcrp & Varnado¢, P.A. 801 Laurd Oak Drive, Suite 300 Naples, Florida 34108 Phone: (941) $97-281a Dated:~ ATTORNEY FOR DEFENDANTS, OLDE FLORIDA GOLF CLUB, INC. s.nd OFC OF NAPLES, INC. LA~C~ S. PIVACEK, ESQLKR~ Assistant County Attorney Collier Co~ ~. C~ter 3301 ~t T~i~i T~I Napl~ Florida 34112 Phone: (941)77~ ~od~ B~ No. ~95258 A~O~Y FOR P~ 3 JUL 2 7. EXtiCUTIVE SUMMARY AI'I'ROVE WORK ORDER ~VC-97 WITH THE VARIAN CONSTRUCTION COMI'ANY FOR THE TIGER?AH_~ I'ARK FACILITY. ~ To obtain the Board of County Commissioner's authorization to spprove Work Order #"VC-97 for construction services aU the Tig~tsil Park Fnciliry with the Vsrian Construction Company. ~ The restroom facilities at the Tiserltil Beach are run-down and in ~dh-e need of a new budding. On March 28, 1995, the Bom'd of Count~, Commissioners approved Comr~'t #95-2334, General Contrsctor's Services for fc~r (4) firms to provide general contracting service~ for projects under $200,000.00. In accordance with Contract 095-2334, four (4) written quotes were required. On June 17, 1997 the bids were opened, and the results are as follows: Varian Construction Co. Surety Construction Co. Chris-Tel Company Vanderbilt Bay Construction Co. $111,356.00 $137,429.00 $153,400.00 Sl 79,800.00 Accordingly, Varian Construction Compn~ is the Iow~st responsive bidder with a total project cost of $111,:356. The design professional's constru~on estLmate is $150,000. The attached Work Order #VC-97 in the mount of $111,356.00 has been prepared to reflect the requested work and requires execution by the Board's Chairman. lrlSCAL IMPACT: Funding for improvements al~ll be from Fund 306, Cost Center 156382, and Project No. 80088, Tigertail Park facility. GROWTH MANAGEMENT IMPACT: This is an approved CIP Project. _I~ECOM~MENDATION: Tl~t the Board of County Commissioners approve the construction services proposed in Work Order #VC-97 for the Tigertail Beach F~:ility, and ~mthorize execution of Work Order #VC-97 by the Board's Chairnu~. J U L 2 Z 1~7 REVIEWED BY: REVIEWED BY: Ed Ilschner, Adm~.~tor Public Works Division Date: 7/¢r/~ ~ Datc:/~lf~ Lovra Btant~e¥ ATTEST: 941-775-1178 Fax 941-732-0820 Collier $122C s.rL ~ WM ARIAN CONSTRUCTION CO. General Contractor 1400 Blue Point Ave. $102 Naples. FL 34112 Ju~e 16, 1997 Mr. Tom Ciranna, Project Manager OCPM Collier County Government Center :~01 East Tamlamt Trail Naples, FL 34112 RE: Tiger Tail Park Facilities We are pleased to present the following proposal based on Drawings by Barany Schmitt Weaver dated May 27, 1997. LUMP SUM S I 11,356.00 One hundred eleven thousand three hundred fifty-six and 00/100 We also acknowledge receipt of Addendum #1 dated June 6, 1997. WM. J. VARIAN COI~STRUCTION Wm. J. Varian COMPANY EXE~ SUGARY RECO/flvlENDATION TO R.EIMBURSE REGE2qT PARK MASTER ASSOCIATION FOR DAMAGES TO THE FRONT F2q'IRANCE OF THE, REGE2qT PARK SUBDMSION DURING CONSTRUCTION OF TH~ IM]vlOKAt-~ ROAD 4.LA2qING PROJF, CT. .. 0~'~,,~0~: To obtain Board ~roval to .,~imbm~e tho Regent P~rk M~'~er As~oc/ation fo~ &~a~ to the ~ub&visioya's front ~nU,,ace during consWaction of thc Immokal~ Road 4-Lanini ~I~: During construction of thc Irc~o~ec Road 4-Laning Froj~ct, damage wa, done ~o Rcgen! Park', front entrance by the Court .ty's con~, Wc~'w/nd Contracting, Inc. Th~ County T~rtation Adrn/niflrator and the Projec/Is~pec~or a/reed that damagea amounting ti $4,000 occurred to the entrance during constructio~ and that the Regent Park Ma~ler Associ,tio~ shculd be r~imbursed for those damages. Further, tho County Attorney's Office re-examined the Project Files ~nd found no documentatio! that Westwind is responsible for the, damages, which precludes the County from including Rege~ Park's claim for damages in the ~ettlement amount from project litigation between the County an Westwind. A copy ofthe Attorney's findings is attached a~ Exhibit A. There/ore, thc responsibility for reimbursement of dama/e~ to the Regent Park Ma,,er Associ,tio lles ~ol¢ly with Collier County. To that end, tho County Attorney's Office is preparing appropriate settlement and relea~ documen~a for tho Chaimum'* execution. FISCAL IMPACt: Funds in the amount of $4,000 will be made available from 331-163651 634999-66043. Funds ~re ~vailable in Ro=d I~pacC Fee Di,trict I (331) GROWTH MANAGEMENT IMPACT: Not applicable. RECOMMENDATION: That the Board of County Commissione~ a~prove rdmbur~nent in mnount of $4,000 to the Regent Park Master Association (c/o B~yview Property Management, Enterpfi~ Avenue, Naples, FL 34104), and authofiz~ it's ~ ~o execule the settlement and release documents upon final prepantfion and ~val by the County Attome~ Office and approv~O~saarY budgac tmendment:. PREPARED BY: ~ ./ ' ~' DATE: 7/9/97 ~ Ilschn~blic W~rks~dm_inlstrator DFWmk~70997ff~ 1~.. ?k E~HIBIT A ,.., ,. ¢IEMORANDUM PREPARED IN ANTICIPATION OF LITIGATION AND REFLECTS A MENTAL IMPRESSION, CONCLUSION, LITIGATION STRATEGY OR LEGAL THEORY OF THE ATTORNEY OR AGENCY AND IS EXEMPT FROM DISCLOSU'P,.E AS A PUBLIC RECORD PURSUANT TO SECTION 119.07(n), FLORIDA STATUTES. To.' David F. Bobanick, Director, Transportation Department / Marquita King, Administrative Secret~try, Transportation Department / From: Michael W. Pet'tit, Assistant County Attorney ~ i/5/~1/ Date: June 26, 1997 / Re: Regent Park Entrance Settlement I have reviewed the documentation from your Department concerning a possible resolution of a claim by Regent Park Master Association against the County for $4000 in damages to the front entrance of Regent Park during the Immokalee Road project. Based upon what I have been told by both of you, it is my unde~tanding that George Ar:hibald and Stan Chrzanowski had knowledge of and conceded the County's liability to the Regent Park Master As-~oc/ation for these damages. Further, it ia my understanding that George Archibald had assured Regent Park Master Association that it would be reimbursed for the.se damages. Unfortunately, it is impossible to seek reimbursement from Westwind Contracting, Inc. Nothing in the records you have provided me and nothing in the r~ords I have had an opportunity to review indicate that our office was ever advised that Westwind may have been responsible for any such damages. Further, the negotiation of the County's settlement with West'wind took place over a number of months and it is my firm belief that Westwind would not have agreed to reduce the settlement amount below $660,000 regardless of this claim. With all of that said, it appears the best course of action would be to enter into a settlement agreement with the Regent Park Master Association and have appropriate releases executed. This will require the Board to approve such a settlement. It would seem to me that this would be a consent agenda item and I will leave it to you to prepare an appropriate Executive Summary. I believe the proper recommendation would be for the Board to agree to pay the .June :~6. Page :2 $4000 and to authorize thc Chairman to execute thc appropriate settlement and release documents upon final approval by the County Attorney's Office. I will begin to work on the settlement and release documents; however, I do need to know exactly what entity it is that will be executing thc settlement and release documents. That is, is thc settlement to nm to Regent Park Master Association? If so, I need an appropriate representative's name, tiflc and address. I will look to you to provide that information. Of course, the signature of the representative of thc Regent Park Master Association also will need to be wimessed. In this regard, I do want to ge! some documentation that whoever is chosen as the representative for the Regent Park Master Association - and I would like to know whether that is La fact a legal entity and I will leave it up to you to do that research and have Regent Park provide us with the necessary documents - has authority to enter into the settlement on behalf of the Association. - Please call me if you have any questions after receiving this memorandum. IvI'W'P: gb cc: David C. Weigel, County Attorney ~XECUTIVE SUMMARY APPROVE FINAL NEGOTIATED BID QUOTE FOR ROADSIDE LANDSCAPE [MPRO~ME~ AIX)NG VANDERBILT DRIVE BETWEEN VANDERBILT BEACH ROAD AND IllTH AVENU~ ~Board approval ofth~ amended bid quote by Snutll~s:~d Landsc~ing, Inc. for Vande~bilt Drive landscaping improvements. ~On June 24, 1997 [Agenda Item No. 16(BX12)], the Board authorized purchase order contracts with Better Roads, Inc. and Smallwood Landscaping, Inc. for pathway and landscaping improv~ac~s ~ong Wandcrbilt Drive, respectively. The Board conditioned its contract approvals on uhe followins: Ac~aal contra~t amount for pathway work ~ not exce, d the bid quote amour~ of S215,683.00. Final negotiations with B~ter Roads, lac. I~ve bcea concluded. The actual purcha~ order contract amount for pathway work is $195,719.00, or a cost redu~ion of $19,964.00 (9.:26%). Construction work on this portion ofthe project commenced on July 2, 1997. Staffto negotiate the bid quote amount of $288,017.00 with Smallwcod Landscaping, Inc. for the landscaping and irrisation compor~at of the project. Cost negotiations were concluded on July 9, 1997. The actual r~commended purchase order contract amount for combined landscaping and irri~stion work is $157,170.00, or a bid quote reduction of $100,847.00 (35.01%). The primary rcatson for this bid quote cost reduction amount is the land~c, al~ work scope c.,hanl~s including design revisions to reduce maintenance costs. Pursuant to the Amc 24, 1997 Board approval, a purchase order contract has be~n issued to Sm~llwood Landscaping, Inc. in the amour~ of $30,000.00 for p~rti~l irrisation work. Accordingly, staffreconunends tha~ th~ Bo~rd approve a purc. ha.~ order ~x, odn~t for the r~maining ~mount of $157,170.00. I! is noted that the $187,170.00 huglSC~l~ ~gl irription contract mxgxmt includes $39,000.00 for delivery and iv~udlation of donated tr~es and r~lsted materials and work. In the event Smallwood I..andscapln~. Inc. does not procur~ the domued rnateri~l ~ and/or is not successful in consumatin8 a contr~ with its proposal subcouh-~ctor, Green Heron Landscapes, Inc., s~r~ommends a sepa~e purctase order conlx~:~ directly between Collier County ~md Green Heron ~ Inc. in said ~,mount of $39,000.00 in order not to de~y th~ project. Under this scemu'io, pur~ order conlx~ct ~mou~ts ~ cor~ist of $148,170.00 with Srr~INvood Lan~ Inc. and $39,000.00 wkh C-r~en Heron Lmxt,~ Inc. prefer~ce, howr~r, is a single purchase order conw,~ct with Smallwood Landscaping, Inc. in the total mx~nt of $157,170.00. .k~Fl SCAL IM~A~: Additional funds ~rc requested for total project work ~s outlined JUL 2 2 ' Execut~ S~ 3. I.~d~ and lfrigalion In~o~ $I$7,170.00 I~ Sub-Total ~" S331,901.00 Sub-Total -. $352,~9.00 $3,500.00 (*include~ $110,000 plant donation value) 4. 5. OCPM ~ $3,360.00 Funds nre a~at't~ie unde~ Fund 313 (~n~d~ne tax) in the amount of $20,000.00 md s~i] ~ire a ~ ~ to ~ f~r tl~ r~nmini~ amoum ot $143,498.00 fi~n r~erv~s. Projec~ No. 69081 (Vanderlx~ Dfiv~ Pst~ and ~. It i~ono~ed th~ c~ren~r~labl~inFuad313 intl~amoum of GROWTII MANAGEMENT IMPAC'~; Not RECOMMXNDATION: 'l'nat the Board of County o Approve a ~ order eon~ac~ with Smal~w~od ~ Inc. in the amour of $187,170.O0; JUL 2 2 IS ]i ~ of purch~e order co~tr~t~ w~th Sm~,~od Lsnd~ ~ and Oreen 3. Approve t~ new totd ~o~ bxtgt't of $39S,:~9.00 and also the neoessa~ bu~lSet lmrC. hs~ ~ conu'~ts . . 4. Approve VAR/sc/er, sum ~s: Budget A~madmem JUt 2 2 t EXECUTIVE SUMMARY AWARD A CONTRACT FOR THE CONSTRUCTION OF PARK PAVALIONS FOR SUGDEN PARK AT LAKE AVALON,.IIID NO. ~/-26T7. ~_.~i l~luest th~ Bo~'d of County ~ to award a contract for the cotmruction of p~-k psv~ions for Sugden Park a~ ~ Avalon. CONSIDERATIONS: On lVhy 211, 1997 bids wer~ rcodv~ fi-om six contraaots (ss shown on the tttacl~d bid ts~dstion) ~ the following r~s~t ~. High Point Oenertl Contrsctin~ Inc. 2. W.J. Vnri~ Construction Co., Inc. 3. J.L. WalInce, Inc. 4. Profe~slond B~din$ Systems, Inc. $. The Chris-Td Company 6. E.W. Cleveland Base Bid - $242,5S4 Base Bid - $265,500 Base Bid - $2,56,950 Base Bid - $2~,000 Ba~e Bid - $273,5OO Base Bid - $329,231 Itish Pobtt ~ Conir~cting, Inc. was tl~ Iow bidder with a btse bid of $242,$54.00. The engineers bt.se bid esl~n~e is $2~5,439.00. S~tfl'cbecked r~t'er~nces and smem~nts n~l detc~-~aim~d thst ltigh Point is the ioweg responsive and ~ bidder. .~FISCAL IMPACT: Monies are available in Fund 306 (Parks Capi~) 116360-80081 and Fund 345 fRenJonal Parks Iml:~sct Fees) 116360-80081. Funds w~l! be encunberad from the impact fee (3&S) appropriations. GROWTH MANAGEMI/~NT IM~PA~: Consistent with the level ofm~e and r~luirement~ of the Parks Progmr~ '~ Thst the Boird of C~y Commiuioners ~thorize the C~ to ~e ~ ~~on ~ ~ ~ a~ ~ ~ to fo~ ~d I~ ~~, ~ ~l~ Po~ ~ Co~~ ~. for ~4~5~.~ ~ bid) for ~e ~m~on of P~k I~ ~ ~d7 P~e A~on. BY: 7 ~e ~. P~, s~ ~j~ ~, ~M ~e D~e ID% ' OP/sc/exsum ~mmmmmmm.mm ~ lq.~em*e* APPROVE AND EXECU~ A JOINT SUPPLF. MF, NTAL INTERIX)CAL AGREEMENT WITH LEE COUNTY FOR PERPETUAL MAINTENANCE OF' MEDIAN LANDSCAPE IMPROVEMENTS ALONG THE BoNrrA BEACH ROAD FOUR LANE CORRIDOR, CTE PROJECT NO. 031. ~ Board al)provg/~xeculion of a $oini Supplemen',~l Imerlocal Agreemem with Lee County for equal cos~ sharin ~ On May 13, 1997 [undo' Agenda Item No. $ (B) 1], lhe Board authorized an equal cost Sharing ofp~rp~ median landscape ra~temuce ac~'6es with Lee County, uut directed staff to ~ tl~ ~ ag~e~nt ~ r~afing to Bonita Beach Road C'~; Project No. 031. The attached fu~ Joint Supplemental Imerloctl Agreeme~ (ho-ein~er "Agreement") las been prepared by Lee County staff with prior commuting a~d approval by OC~M s~aff and the CoIliex County Attorney's Office. Key respon~ility areas of the Agre~nent are outlined below: I. Collier and Lee Counties agree to equally fired the actual mainterance co~, estimated at $70,000.00 per year; 2. Collier County staffshail be authorized to expend/provide addifonal funds up to 25% of Collier County's maximum equal share of $35,000.00 pe~ yeax; 3. Lee County ~ be required to provide cost accounting statements to Collie~ County on an annual basis; 4. Lee County shall be responsible to manage and control all median landscape maintenance activities on an ongoing basis; 5. Collier and Lee Coonti~s ~ review the Agreement in ten years relative to increased ~u~temu~e costs; 6. The Agreement will t~n-tninate if alternative maintenance funding sources, such as through a Municipal S=rvice TaxingUnit become avail~ble; and Collier County shall be required to pay Lee C..otmty for the annul maintenance cost by the 31" of October of each year for the fiscal y~r beginnln8 the _preco4~_~ 1st of October 31, 1998 for the 1998/1999 fiscal year. It is noted that maintenance of median landscaping for ~he 1997/1998 fisc~l ye. ar is included in the Bonita Beach Road JO L 2 2 1~97 PC,._~ ,_ ~ Executive Summary Pt~e 2 executed April 23, 1996 ~oint Suppleme~ Im~-loc~ Agreemem. _~FI~..AL IMPAq: Ccdlicr County's for~.tst ~ ~xpengit~e for maira~ of m~lian landscaping and irfigatioa hnprovements, as reported to the Board ~ Mty 13, 1. 50% cost sharing tm~.'nmm s~nount ,, ~35,000.00 2. 25% contingency cost mmx~m - $~,750.00 3. Estimated OCPM m~d TntnsportaSon Dep~ ~ annu~ administ~i~e costs $6,563.00 Probable maximum annual cost -, $50,313.00 As reported to the Board on May 13, 1997, the recommended fundi~ source for /landscape maintenance a~ivities is ~ Fund 00l with tw,.enoe trlm.sfn-s to the Road and Bridge Fund 101. The nuutimum prob~le anmml maiatenance cost of S50,313.00 will n ~1 to be budgeted/alq~-opri~ed by the Board each year. GROWTH MANAGE1VII[NT IMI~ACT: This CIE Project No. 031 is consistent with the Collier County Growth ~ Plm. RECOMMENDATION: That the Board of Co~ier County Commi~oners: (l) Agree to pemit lee Coum7 to peq:em~ manage and maintain median landscape improvements for the ]~nit,m Beach Road CIE Project No. 03 I; (2) ~ the CoRier County Fmmca Dir~or and associated staff to suhnit an ~a=l l~ymmt of S35,000 plus conti~ency cosu to Lee County for ~ ra~dim (3) Approve the attaded anal A~mm~a and ~ its Chaimm to execute the ~u~ JUL 2 2 I997 j ,.._~,...~ Attachmem: ,~oint Supplemental lmedocal 1997 JOINT SLIPPLEMENTAL INTERLOCAL AGREEMENT BETWEEN LEE AND COLLIER COUNTIES REGARDING LANDSCAPE MAINTENANCE OF BONITA BEACH RO,~D This Join! Supplemental lnterlocal Agreement (Agreement), made and entered into this ~ day of , 19 , by and beN,,een Collier County, a political subdivision of the State of Florida, hereinafter referred to as 'Collier", and Lee County, a political subdivision of the State of Florida, hereinafter referred to as 'Lee'. WHEREAS, Collier County and Lee County, by and through their respective Boards of County Commissioners, entered into that certain Master interlocal Agreement between Collier and Lee Counties dated September 6, 1989 concerning the joint planning, design, construction and maintenance of road improvements within a specified boundary area of Collier County and Lee County; and WHEREAS, on June 19. 1990 and April 23, 1996 Collier County and Lee County, by and through their respective Boards of County Commissioners, entered into supplemental agreements to the said Master Interlocal Agreement for the four-laning improvements to Bonita Beach Road: and WHEREAS, Collier and Lee Counties have generally recognized the public ne~'d to proceed with maintaining the landscape of Bonita Beech road; and WHEREAS. both Boards of County Commissioners expressed support for a road landscape maintenance agreement along the county line. NOW, THEREFORE, in consideration of the above premises and other good and valuable consideration, the receipt of which is hereby acknowledged, and in further consideration of the mutual covenants hereinafter contained, it is agreed by the parties as follows: 1. .Lee County agrees to perpetually manage and maintain the median landscaping on Bonita Beach Road from Hickory Boulevard to Vanderbilt Drive, pursuant to the plans prepared by Lee County Department of Transportation dated June 23, 1997, as they may be amended from time to time by the mutual consent of the par'lies. This Agreement shall be reviewed in ten years for new cost estimates. This Agreement shall terminate if an alternative funding source, such es an MSBU, is implemented by both LEE and COLLIER. 2. Collier County and Lee County agree to equally fund the actual maintenance cost estimated at $70,000.00 per year for Bonita Beach Road. Collier County will pay Lee County for the maintenance cost by the 31st of October of each year for the fiscal year beginning the preceding 1st of October. Any year in which expenditures do not reach the estimated maintenance cost shall be continued over to the next fiscal year. If it appears that during the course of this Maintenance Agreement that the amount of funds are insufficient lo cover the yearly costs, COLLIER will, at LEE'S written request, provide the necessary additional funds within thirty (30) days of said written notification. COLLIER staff shall be authorized to provide the necessary ad.dilional funds up to twenty-five percent (25%) of the annual maintenance fee. The parties agree that any additional amount above the twenty-five percent (25%) must be taken to the COLLIER Board of County Commissioner's for its approval. For purposes of this Agreement, the term 'maintenance' shall include, but not be limited to, maintaining the landscaping in a vigorous healthy state of i;7owth and provide replacement plants and irrigation components in the event of accidents, inclement weather, etc. 3. ~ parties he~-eto recognize and agree that either county has the ability to affect the progress of the project by the commitment of project funds. Should either Lee ~ or- Coifier Coumy be unable to fund its fair share, the other county retains the right to proceed with the proj,,~ with or without a joint supplemental agreement. This Joint Supplemental Interlocal Agreement is solely for the landscape maintenance of the Bonita E~each road segment. Maintenance responsibilities of the roadway and appurtenances shall be addressed by a subsequent agreement. Collier shall own, control, maintain and be responsible for all Collier utility facilities. 4. Each year LEE shall at the earliest date practicable furnish COLLIER with two (2) copies of ils final and complete billing for all costs incurred in conjunction with the work performed hereunder. Sufficient reference shall be made in the billing to LEE records, accounts or other relevant documents. All cost records and accounts shall be subject to audit by representative(s) of either LEE or COLLIER, at their election. 5. Upon completion of the landscape work, COLLIER agrees that it will maintain and keep in repair, or cause to be maintained and kept in repair, all of its facilities or utilities within the right-of-way of Bonita Beach Road. Any.damage to the landscape shall be restored by COLLIER's contractor or permittee's obtained by COLLIER to the same or better condition of what is then being maintained in the area. 6. Neither County shall be responsible for any and all claims, liabilities, losses and causes of action arising out of any act, error, omission or negligence of the other County, its contractor or its agents or representatives. 7. This Agreement constitutes the entire understanding behveen the parties, and any previous Agreements, whether written or oral, shall be superseded by this Agreement. 8., This Agreement may be amended only upon the concurrence of both parties and executed with the same formalities as this original Agreement. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed by their duly authorized officers and their official seals hereto affixed, the day and year first above written. ATTEST: COLLIER COUNTY CLERK Of COURTS By:. Deputy Clerk BOARD Of COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By':. Chairman APPROVED AS TO FORM Office of the ~;ounty Attorney ATTEST: CHARLIE GREEN, CLERK BOARD OF COUNTY COMMISSIONERS OF LEE COUN .'[¥, FLORIDA By:, Deputy Clerk By:,., Chairman APPROVED AS TO FORM By: Lee County Attorney's Office ~.XECUTIVE SUMMARY APPROVE ST1PIRATED ORDER FOR ACQUISITION OF RIGHT-OF-WAY PARCEl, NO. llTA FOR ~ VANDERBILT BEACB ROAD FOUR LANING PROSECT. ~l~a~[~d_Board approval of the Stipul~ted Order for payment of appraisal service unto Pelie.~n Ridso ofNaple~ Ataoci~tion, ~c. .C.,~~RATIONS: The attsched copy of the Stipulated Order for Vanderbih Beach Road ris,ht-of-w&y ~ numbs' 117A (Case No. 95-5071-CA-01-T]3) sets forth an obligation by Collier Cottony to compensate the def~Mant (Pelican Ridge of Naples As~iation, Inc.) the arcount of $672.50 for land al~pc~is~l t~'vice~. Stdfhas r~ewed the Stipulated Order and ~nds the r~uested payment ~.mount of $672.50 to b~ both reasonable and consistent with Chapter 73, Florid~ Statutes. FISCAL IMPACT: The total fir, cai impact under the attached Stipulated Order is $672.50. Funds are av~ihble in the project account for Vanderbilt Beach Road four lining improvements, Fund No. 313, Project bio. 67021. {~ROWTH IV[fiNAGEMENT IMPACT: Consistent with the Collier County Growth Management Plan. KECOMM'ENDATION: That the Board of County Commissioner~ approve the attached Stipulated Order for Vanderbilt Beach Road Parcel No. 117A and direct staff to deposit $672.50 into the Court ~ ~l~ within 30 c~lendm' day~ of the date ofthe Stipulated Order. ..~" ~ .,,/ _ Adolfo A. 6on, cz, p.E.,~ Vste off of 7 Ed B$clmlx, Administrat or / Public Works Division VAR/~ attachmem: Stipulated Order IN THE CIRCUIT COURT OF THE TWENTnTI'H :IUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA CIVIL AC'I'ION COLLIER COUNTY, FLORIDA, a political subdivision of the Smc of Florida, Plsintiff, DOANE-KEMPFER JOINT VENTURE, ct al., Case No, 9f-~07 I-CA-01-TB Parcel No. 117A Defendant~. THIS CAUSE having come before the Court upon loint Motion made by Plaintiff and Defendant, by and throul~h their undersigned counsel, to t,tx r~asonable cos~ as to thc pwperty interests of Defendant~ PELICAN RIDGE OF NAPLES ASSOCIATION, INC., and it sppearin$ to the Court that the parties are authorized to enter into such Stipulation, and the Court being otherwise fully ~dvised in thc premises thereof, it is thereupon ORDERED AND Al)RIDGED that thc Plainti~, COLLIER COUNTY, FLORID~ pay Defendant, PELICAN RIDGE OF NAPLES ASSOCIATION, INC., r~sonable costs pursuant to Chapter 73, Florida Statutes, in the total amount of $672.50, for appraisal services, subject to the spproval of the Board of County Commissioner~ and it is further ORDEI~r~ that thc Plaintiff, COLLIER. COUNTY, FLORIDA, shtll deposit ~he total of $672.50 into the Registry of this Court within thirty (30) days ofthe date ofthis StipulaIed Order, and it is further ORDERED that upon dcposlt into tho Registry of this Court, the Clerk of this Court ~ p~y tho total ~moun! of Six Hundred Seventy-two Doll~r~ and Fifty Cents ($672.50) to Stcvcn M. F~k, Esqui~, Roetzd & Andress Trust Account, 850 Psdt Shore Drive, Nsples. Florkh 34103. DONE AND ORDEreD ~n Chxmb~r~ ~ N~pl~s, Collier County, Florida, this day of ,1997. conformed copies to: Steven M. Falk, Esquire Lawrence S. Pivacek, Esquire Emestine Cousineau, CIA TED BROUSSEAU Circuit Court ludge II)IN'l' MOTION FOR STrPULATED ORDER Plaintiffs.nd Defendant, by and through their undersigned couasel, hereby move for the Court to enter the foregoing Stipulated Order For Defendant's Costs as to the property inter.'ts of Defendant, PELICAN RIDGE OF NAPLES ASSOCIATION, INC., u to Parcel No. 117A in the above-styled case. ~ j STEVEN M. FALK, ESQUIRE Florida Bar No. 930570 Ro~.zcl & Aadr~ 850 Park Shore Drive Naples, Florida 34103 Phone: (941) 649-6200 ATTORNEY FOR DEFEND.aNT, PELICAN RIDGE OF NAPI.~.S ASSOCIATION, INC. Assistant Count), Attorney Collier County Govt Center 3301 Es.vt Tamiami Trail Naples, Florida 34112 Phone: (941)774-8400 Florida Bar/No. 9995258 D ted: ATTORNEY FOR PLAINTIFF EXE~~ SUMMARY RECOMI~IiDATION TItA? THE BOARD OF COUNT~ C0MMISSIONEa8 OF COlt COUNT~ APP~OV~ ~ ATTACHED BUDGI~ ~M:ENT R.I~OGNIZ3NG ~ ~ FROM AN INSURANCE ~, OBJECTIVE: To recognize funds received from nn insurance payment for a theft from tt safe at Headquarters Library, Collier County Public Library. CONSIDERATIONS: Petty cash, photo copier receipts and postage stamps were stolen f the aafe at Headquarters Llbxary between Saturday, December 30, 1995 and January 2, 1996. Insurance funds are reimbursing the Library for this loss. IMPACT: Funds rehnburse 81,151 to Library Budget for this insured GROWTH MANAGEMENT IMPACT: None. RECO~TIOI~I: Staff recommends Board approval of the attached budget amend. ment, which places the funds into an ex~diture accotmt. Marflyn l~Iatthes, ~tral Services Librarian R~ewed and Approv~ by: ~-'-~_ ,~-, [~. ~_._ D^TE:~ Tho~ W. Ollfff. Publl~ Serxdce~ Adminl~t~tor JUL 2 2 ~9- ~ . General FUND TTrLE (Corrected cop~ 001 ~A~ (FUND NO.) A.P.H. Da~e 6/24/97 TO BC, C YES NO ff pm4ousty approved, BOO Agenda Date: ~ Item No. ' . & Na ]es, Branch C~Ce~T~ EXPENDFTURE 764900 156110 D.P. Equipment INCREASE $, 1,151 $. $, $. ToUg $ 1 151 CUP. RENT REV1~ $ 0 1,15: $-- $_____ S ~ Coe~ Centw C~aceme~N~ INCR~AS£ CURRENT S~ $~ RE I BO'a Admtn. & Naples Branch 156110 Co~ Cente~ Title Co~t Center No. Pro~ Tkle REVENUE 364420 INCREASE Furniture, fixtures, los~-- 1,151 Ins. TO~ $ 1,151 CURRENT RE'VIS $__ 3,600 4,75] $__ EXP LA N ATIO N ~y ~fu3dsneeded*'/ ~n~s m~m nem~e~ to ~pl&c~ an &g~ng p~intmr. ~ am ~m~a ava~e? Funds were received from'an insurance settlement. BEVIEW PROCESS CO~ ~ DIRE~OR: ~~ ~' ~~~ DIVISION ADMINI~TOR: DATE BUDGET DEPARTMENT:, AGENCY MANAGER: FINANCE DEPARTMENT: CLERK OF BOARD ADMIN: INPUT BY: B.A. NO.: JUL 2 2 ~ ~o/o~/9o ~OU'X'HEA~Ti~.M LXBP, ARY Mt'TWO~ (~OLXNL~) ~ ~ P~.OV'XSZOM Ol* O:M-LXMlt L'vB~Ry CAT~LO~XNG AIfD PSRM.XB~tXOM i'Olt CIIA~ TO ~IGN O~JECTXVls To approve an exte~sion of an agreement with SOLINET, ~J~e sole source of on-line bibliographic cataloging information and inter- library loan service. CONBIDERATIONSt The Collier County l%tblic Library ha~ purchased cataXoging and other b~bliographic services (interlibrary loans, retrospective conversion, etc.) for the last eight years. SOLINET (an OCLC regional supplier) is the sole source for this service in the Southeastern U.S. Our four computer terminals are connected 24 hours per day to their main frame computer in Dublin, Ohio. The original agreement with SOLINET was apprqved by the BCC on April 15, 1986 and h been extended annually since then. Prices for principal use of the system have declined 26% since 1986 and remain unchanged since the extension was approved last year. All other conditions of the origina agreement remain the same. FISCAL IMPACTt The total costs for the services provided will bm approximately $30,000 in FY1997, approximately the same amount budget. in F¥96. The On-line Public Access Catalog installed in 1993 has eliminated the need to purchase catalog cards from SOLINET, reducing o annual expenditure while increasing the number of items processed. Us of SOLINET has allows0 the library to process materials that would require an additional six employees (three professional catalogers and three clerical) were we still operating on a manual basis. Funds for this contract are available and budgeted within 001-156110, the Library's operating budget. GROWTH MANAOEMENT IMPACT= Level of Service Standards require that the Collier County Public Library provide 1.2 books per capita in the county's Library syst~. Cataloging must bm provided to allow ready access to the books. Without this contract, it would be impossible t¢ produce this cataloging without a substantial addition to the staff. ~COMMENDATION~ That the Board of County Commissioners approve the extension of the agreement with $0LINET and authori=e the chairman to sign the exten~o~gre~ent. REVIEWED AND ~_~ Public Services ~dministrator DATE: / DATE: ~.%~- ~-'? Pg,~, ,-,...~,. ,. ET CONTRACT TO: Director, Collier County Public Library (I'NO) FROM: C~ther~ne F. Ncvhu, Ex~:utive ~tor DATE: April 7, 199'/ SUBJECT: Contract Ext~ion, Thc Bibtiogr~phic Product~ Sou~t~ L~ N~ ~c. (SO~ preset ~~t the ~n'ng ~ment one copy to have qu~o~ EXTENSION AGREEMENT la consideration of the mutual und~dnp contained therein, $O=I/N~. and the ~ instkufion hcreby #.gree tO extcud gle Bl'blio~r~phic ~ ~ Scrvi..ccs .A~. _en~, exis~ between ~hcm until M~y 5, 1998, or ~ dsie of exam of a new B~lio~r~gc ~ emi BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA Timothy L. Hancock,'.Chairman Da=e: ATTEST: DWIGHT E. BROCK, Clerk SOt.INET: 'ITTLE: F~ecutiy~ D/rector DATE: April 7. 1997 Approved as =o form and legal sufficiency: Thomas C'-Pali. er Assistant Conn:v Arr~rnev JUL 2 2 1 EXTENSION A/~D AMF. NDMENT OF AGREEMENT FOR BIBLIOGBAPHIC PRODUCTS ARD SERVICES This extension and amendment of Agreement entered into this ~ day of ~ 1991 by a~d b.~w..n Southeast.rn Library Network, Inc., hereinafter referred to as "SOLINET," and the Collier County Board of County Commissioners, hereinafter refer= to as "MF2(BER.' W I TN £ S S ETM: %rHEREAS, SOLINET and ME~ER have previously entered an agreement dated April 29, 1986 for the provision of bibliograph~ products and services by SOLINET to the Collier County Board of County Commissioners and the Collier County Public Library; and WHERe-AS, said Agreement specified that it would continue fc a term of ~hree (3) y.ars; and WHEREAS, SOLINET and MEMBER have continued to be bound by said Agreement a!thcugh no extension of Agreement has previousl} been executed by the parties; and WHEREAS. $OLINET and M--=MBER desire to continue to be bound the April 29, 1PS{ Aqraemen:, as amended, until a new agreement negotiated between =he parties; and ~EREAS, ~ is ~eneficia! to MEMBER and the public intere$: as well as to SOLid;ET for the Agreement of April 29, 1986 to be ex~ended fur a fixed =~rm; and Page 1 of 3 : JUL 22~ WHEREAS, it is necessary to amend the Agreement of April 2 1986 ~o provide for said extension of this Agreemen% ~o be governed by Florida, not Georgia, law. NOW, THEREFORE, in consideration of the covenants and agreements provided within the said Agreement dated April 29, ] and those further stated herein, the said Agreement of April 2~ 1986 is hereby extended and amended as follows: 1. Tha Bibliographic Products and Services Agreement da~ April 29, 1986 is hereby extended until May 5, 199Z. 2. Amendment of Section 17. Section 17 of the Agreemen~ hereby amended to read in its entirety, as follows: "This Agreement shall be governed by, subject to and construed according to the laws of the State of Florida." Except as expressly provided herein, said Agreement of Ap 29, 1986.remains in full force and effect according to the ter and conditions contained therein. The said terms and conditio are applicable hereto except as expressly provided otherwise herein. IN WITNESS $¢N~REOF, the undersigned, being the duly authorized represen:a:ives of the parties hereto, have execute :his e>:~ension and amendment of Agreement, under seal, as of t date firs= above written. SOUTHEASTERN LIBRaRy NETWORK, INC. a/k/a SOLINET Frank p. Grish--am Zxecutive Director AT.T2~ST:... · BOARD OF COUNTY COM){ISSIONERS James C. G~.les, Clerk COLLIER COUNTY, FLORIDA tricla Anne Goodnig~t - Chairman Approv6d as to form and legal ~ufficiency: Assistant County Attorney i1[ i Page 3 of 3 ~g,~ ET CONTRA MiEMORAND~ TO: Director, Cc,Bi= Couz~7 PubUc la'brary (FNO) FROM: C~ine F. Nevin~ Executiv~ ~ DATE: A~dl 7, 1997 The B~liogrqd~i¢ Products and Servlces.~ betw~eo your institution sod the Southe~m~a L~wy N~,,~rk,/ac. (SOI/NEI3 wffi ~ ~y 5, 1~. ~ EXTENSION A~~fl' b~tw~n them ~ May 5, 199S, orth~ dm of ~m:utton ora n~w B~~ ~ and EOARD oF' C6tmT¥ 'C0MnXSSZONZRS OF COLLIER COUNTY, FLORIDA By:, Timothy ~. Eancock,',Chs~nan Date: ATTEST: DWIGHT E. BROCK, Clerk SOl/NET: TITLE: Execut/ye D/rectm- DATE: _,~! 7. ~997 Approved as to ~orm and leg&l sufficiency: Thohss C.-P&l~er Assistant County Attorney EXTENSION AND AMENDMENT OF AGREEMENT FOR BIBLIOGRAPMIC PRODUCTS AND SERVICES This extension and amendment of Agreement entered into tht ~ day of~~ 1991 by and b.t:w..n South.astern Library Network, Inc., hereinafter referred to as "SOLINET," and the Collier County Board of County Commissioners, hereinafter refer~ to as "MEMBER." WITNESS ETN: WHEREAS, SOLINET and M~ER have previously entered an agreement dated April 29, 1986 for the provision of bibliograph~ products and services by SOLINET to the Collier County Board of County Commissioners and the Collier County Public Library; and WHEREAS, said Agreement specified that it would continue f¢ a term of .three (3) years; and WHEREAS, SOLINET and MEMBER have continued to be bound by said Agreement although no extension of Agreement has previously been executed by the parties; and WHEREAS, SOLINET and M~-M. BER desire to continue to be bound the April 29, 1986 Aqreemen'_, as amended, until a new agreement negotiated between the parties; and WHEREAS, i'. i$ -~eneficia! to MEMBER and the public interest as well as to SOLi.';ET for the Agreemen= of April 29, 19~6 to be ex'-ended for a fixed ~erm; and Page 1 of 3 ~EREAS, it is necessary to amend the Agreement of April 29 1986 to provide for said extension of this Agreemen~ =o be governud by Florida, not Georgia, law. NOW, TH£R~F¢.RE, in consideration of the covenants and agreements provided within the said Agreement dated April 29, 19 and those further stated herein, the sa~d Agreement of April 29, 1986 is hereby extended and &nended as follows: 1. The Bibliographic Products and Services Agreement date April 29, 1986 is hereby extended until May 5, 199l. 2. ~ Section 17 of the Agreement hereby amended to read in its entirety, as follows: "This Agreement shall be governed by, subject to and construed according to the laws of the State of Florida." Except as ex]~ressly provided herein, said Agreement of Apr: 29, 1986.remains in full force and effect according to the term: and conditions contained therein. The said terms and condition: are applicable hereto except as expressly provided otherwise herein. Page 2 of 3 IN WITNESS ~EREOF, the undersigned, being the duly authorized represen=a=ives of the parties hereto, have executed this extension and amendment of Agreement, under seal, as of the date first above written. SOUT~$?~ LIBRARY NETWORK INC. a/k/a SOLINET ' rar~ p. Gris~am Executive Director A .TTZsT: ~ James C~ '" BOARD OF COUNTY CO~2~ISSIONERS · Giles, Clerk ·. COLLIER COUNTY, FLORIDA ,".: · , _ ~', .,. ,......../~::g Chairman ApprOved' as to form and legal sufficiency: Assistant County Attorney Page 3 of 3 RECOMMENDATION LEASE AGREEMENT $£WI:R CO-OP, INC. EXECUTI%~ SUMMARY TRAT TRE BOARD OF COUNTY COMMISSIONERS APPROV~ A BETWEEN COLLIER COUNTY AND LEE CYPRESS WATER AND ~.I~: Recommendation that the Board of County Commissionera appreve a Lease between Collier County ~nd ~ Cyf,ress Water ~nd Sm~er Co-~, Inc. q.~l~i~[.~: On June 17, 1997, the Boa~ of County Commissioners approved · budge~ tmendment and authorized the const~ction ora neighborhood playground in Cope. land. Lee Cypress W~ter and Sewer COol), Inc. (''Lee Cypress") Ku offered Collier County Parks and Recreation Dtpamnent the use of the .29 acres of vacant land located t~ 812 Church Street, Cope. land, Florida. The term of the Lease shall be for twmty, five (25) years. Al this time, there is no provision for renewal. Lee Cypress shall lea.se the property to the County without charge to the County. Collier County has the right to terminate the Agreement by providing Lee Cypress with thirty (30) day written notice. Collier County will be responsible for 41 costs associatexl with improving the property pursuant to the amount stated in the lune 17, 1997 Executive Summary. The on-going m~inten~nc~ ~ costs associated with the park shall be the responsibility of the residents of Copeland. Pursuant to the Sune 17~ Executive Summary, the Parks and Recreation Department shall enter into a maintenanoe agreeme~ with the residents of Copeland for on-going The C~ce of the County Attorney, Risk Management ~ent, Parks ~i Recreation Department and the OPublic Services Administrator have reviewed the attached Lease Agreement. FISCAL IMPACT: None. GROWTH MA. N6G1EMENT: None RECOMMI~NDATION: That the Board of County Commissioners approve the Lease Agrement with Lee C~ress Water and Sewer Coop, Inc. and Collier County and authorize its Chairman to execute same. PREPARED BY: '~.c.,.~.a~--~. ~,,~/· %.e.,,~ ~.~--, DATE: IVficbad H. Dowlin~:, Real Prol~ Sp~isL Real Property M~nagemtnt Department BY:'~~f~ ~ Ramsey, ]D~°r, ~ and Recreation ~t ' Thomas W. Olliff, ,a,dmi~l~i]~tor, Public Service Division OATE: ?.!.qT, JUL 2 2 1997 Pg. I THIS LF~SE AGR.EE.M~NT of ~ wh¢~ madinl ~ u 3~01 Fast Tim,arm TmL Naisk~ Fksnch ~l ~2. hergma~ r~ft ,WlTNi:SS£TH In coaad~t~Ua of ~ mtmml co, vemsmu ca, mined ~ ~ ~ val~ble comtdeTa~m~., the LESSOR hereby kaset to LESSEE ~ LESSEE hereby let~,~ ~om LESSOR the prolx'rty Ioca~ex Cl~ur~h Scrc~ Copc~xL Florida, furt~ dc~nbed aa the Eu~ V~ of Se:tm~ l) To~m~p 52 Som~. lb Ea~ Pas'cci 'Y'. Copct~ Colt~r Cou~ly. F1arS4a, as sh~ m E~hd:.t 'A* wh~h ~ a~3chcd and ~: r~ play~cm,~l. A,q,T]CL~ 2. Te-m eJ'l e~v L~SSEE shall hew ~cl hold the Drmik, d Pr~m~m for a s~'rm of ~n~y.fiv~ (25) y~a;s, commer 4ate by which this AD'~'ment .s cxecmed by bo~h pen~.s, L£SSEE, how~vo-, rtur~..~ the right m ~'rmmate ~s ~ase. ~h ~ ~l ca~, ~on th~' t: ~ntn ~t~ce o~ ~h t~ti~ ~ LESSOR al ~ add. ss ~ f~ in AR~CLE 12 of th~s Lc/~ ~ s~ll ~ome cffects~ ~ ping.hi of I~ ~.cn ~uce m In o~K~31 ~s~t~ o~ ~ Post Office, kelm~ m C~ficd Mid, ~ ~d. LESSOR and LESSEE hc~by agree ~hat ~o rm~ shall be paid ~' collected for the uhhzntm¢ Der~ised P~'mises. LESSEE ~11 I~y all costs assec~ated wi',h ~he co~sm~ct~, m~mta~nce and ope~tml~ e ass~cialed ,,ct~ u~c approved usc. Prior IQ makins any ch~n~cL ahem~ons. ~dd,tKms m ~mp~ Io t~ ~m~ P~m,~ I ~ll ~de lo LESSOR all ~lt and plans fm all.irons. ~m~o~lL chenges or addt,mn, ~mt~d ~cmi~s fm LESSOR~ ~.~ l~-al, ~f~nl m ~tmI ~ ~t~ a~ extent of ah~ltl~, im~wm~k c~nle, ~ nddmon, el~I ~lh I~ c~t~pllt~ S~lnB I~ compl~'~ qme ~j~l. L~SOR m ~U ~st~ ~ll l~ ~x~ ~v~ (30) ~p w~in ~ich m I~o~ ~ d~y m m m~t~ m ~ al~.~ ~~ c~ m ~l~ ~ ~ LESSEE. (30) ~ ~ ~s ~ ~ ~ ~ ~SOR m l~ ~t~ m ~id ~ls m p~s. th~ such s~ll ~ ~d as an a~l to such ~q~l orLESSEE. ~d c~nleL sll~t~s, address or LESSE£ co~.~nsnts and a~,r~s m cmmcct~o~ milt any m. mm'mnce, r~'pair w~-k, ~ct,on. c~s~ ~~ adddi~ ~ alt~tl~ Q( any am~ ~sficah~ l~itl~s ~ im~o~mems Io the f ~m,~s, ~ ~e ~ ~mply ~th all ~ and fut~ a~l,cable ~ua~U Of ~ Uml~ S~ Of ~ Sale Of ~, C~W Within Ihirty (30) days Imm the mm,nat,m of this L4~se m ,,ny t~c'*'~l tc'~m thet~'uf. LESSI rgmav~ any and &Il addmons, tmprevgme-nt~, sltetntmes and installations wh~ch ~ placed ,n, o~ ~,v ~ Dcml:lcd {:~em,l~s by LESSEE and ~atr any &ale Kcis~ to t~ ~:~ h~s by ~.k tr. ~mc. Slid ~vils ind ~ shill ~ ~ it L~EE'~ cx~n~. by L~SOR. ARTICLE ~0. ARTtCLE I I. ~faull by li~ nS e ~bly ~ui~ tO ~ Suc~ ~ault) IR~ ~ to LESSOR ~ ~SEE p~t~. ~ ARTI,:LE 12 ~SEE~ ~SSOR 3301 T~i T~i] ~t C~ F~ 34137 ARTICLE l). ~ JUL 2 2 ~ ~r ~k ~lth unit. AR~I~ I$. ~i~ RI WTTNESS W3'IEREOF, Ih(: panics lea'to ha~ hcr~,ndcr ~ ronh thc. hands and AS 30 THE LESSEE: DATED: ATTEST: DW~,31rr E. DROCK. Ck:rk BY: ,Dcputy Clerk BOARD OF COUNTY COMMISSIONERS. COLLIER COUNTY, FLORIDA ny. TIMOTIIY L, I'IA.dCOCK, Chamnan AS TO THE LESSOR: A'I'I'F. ST: WITt~ESS (siilnal~r~) ~u~ M~M WJTNESS (s~snaturc) CYPRESS WAI'EI( AND Sr.%%'LR CO-(JI'. non-profit Fkx'~la (CORPORATE SEAL) .!~11 2 2 19c. Pg.~ JUL 2 2 t99; F.,XE CI~IVE SUMMARY RECObLM~ENDAT[ON THAT THE BOARD OF COLLIER COUNTY COMMISSIONERS NAME TKE SOON-TO-BIt-COMPLETED MEDICAL. ZXAM~IER'S FACILI'I~, THE DAVID A. i~NGSTRAND M.D. MEMORIAL BUILDL~G OB,IF, CTIVE: To meraorialke former Collier County Medical .Examine, Dr. David Engstrand in a lasting, and befitting manner. CONSIDERATIONS: Dr. David A. Engstrand was the Medic.~ Examiner for Collier County from 1988 to 1991. During this period Dr. Engra'and w~ diagnosed with Leukemia, to which he ~uccumhed in 1991 at the age of 38. Dr. Engsi~zl wu ann inspirational example of courage and continued to perform his official dutie~ for the County as long as he wu physically able. A new facility for the Medic.~ ~ waa always a dream of Dr. Engstrand'a, and although not here to wimea$ its construction, he was inatrumental in fids project from its original discussions. In an effort to find a w~y to commemorate Dr. Engstrand's contribufiona to this community ~nd to the new Medical Examiner's facility, oarrent Medical Examiner, Dr. Matra Coburn, has requested that the building be named the: David A. Engstrand, M.D. Memorial Building. Should the Board apl:cOVe this propor~ the plaque that is placed on the building in honor of its dedication will L~ ¢m~a'ipted u the David A. Engau'and, ]VLD. Memorial Building. FISCAL IMPACT: None, az a dedication plaque is a normal part of any significant capital project and planned for within the budget. GROWTH MANAGEMENT IMPACT: None. RECOMbt~NDATION THAT THE BOARD OF COLLIER COUNTY COMMISSIONERS authorize the naming of the new Collier County Medical Examiner's building as the David A. ~ M.D. Memorial Building. Prepared & Reco~mded for Board Approval by: Public S~i~ Admini~,'tr~tor Medical Examiner i~COMMENDATZON T~AT TH~ BOARD OF COUNTY COI~O~ZBBZO~:RS APPROVE ~ It~BOtUTZON ~tBQARDZNG F~BCUTZON OF M~DZCAZD WAZVE~ IIBFER~tAL &GIt~EMEN~!S FOR '~&l 8EItVZCF~ FO~t SENIORS PRO.RAH O~BCTrVBz The Services for ~eniors Programrequests Board approval of a resolution which ¥ould authorize the Social Services Director Desiqnee's ligna~ure on Medicaid Waiver referral agreements. CONSZD~]iATIONSl The Medicaid Waiver Program has been In operation by Sllrvices for Seniors since the State of Florida began the program five years ago. The Medicaid Waiver Program requires refezral agreements with any Medicaid certified service provid~r who wishes to be included. Each client then selects his/h~' servi~=e provider. The Medicaid Haiver l?rogram is par~ of an array of services that the Department of Elder Affairs and the Area Agency on Aging require t~at the county's Services for Seniors offer to their elderly residents. ParticiPants must meet strict low income and high disability 'criteria and, if eligible, extensive in-here services are available at no charge to the client. Under ~is program, clients have the fish= to choose their own servJ[ca provider from a list of Medicaid certified providers that work ill Collier Cou]lty. A copy of the format of this list is attached. The county's Risk Management and Legal Departments have giver~ their approval to the a=tachad Referral Agreement whi~a is required by the FlorXda State Medicaid Uaiver Program. These cotlnty depart~en~ have also added language to th~ actual client provider list [Please note the #Important Notice' on the form]. The County Attorney's office has also added, with the permission of the Area Agency on Aging, an lr~de~nifXcation provision in the referral &gree~ent appli~ahle to the service providers for the benefit of the county. The referral agreement only obligates Services for Seniors to include the provider in all client provider lists. No ~atch is required and the County is reimbur~ed all budgeted ~ts for th~ operation of the program. This progra~ is a ~andat~d ~ of the services that ~ust be offered by Services for S~lors a.s Lead Agency for Collier County. ~oard approval of this resolution will allow the Social with enrollee Medicaid providers who are expected to be n~u~erous and onguin~. :I'ZSC~T., XM.~"AG'*Z':~ None, Ho ~atch is r~quired. ~O~~l~d~ ~h&t th~ Boa~d of County Co~issiogers ~pprov~ a rt~olution tllowl~ ex~cution of Hedicaid #a~ver Referral Ag~:eements by the Social Services Director Deaignee. Prepared b2z;~ianci~ E. lochner I~eniorm Pro, ram Supervisor Approved b~t ~lar~a Skinner l;ocial Se~ides Director Date: Date: ~tevAewed an~'-~ ~'~f~ Date: l~blic Service~ Administrator ~JUL 2: RESOLUTION NO. 97-__.__ A R. ESOLL'FION AUTHORIZING THE COUNTY ADMINISTRA'IOR. THE COUNTY SOCIAL SERVICES DIRECTOR A~D~OR THEIR DESIGNEES TO EX~Ctr~ TIlE STATE OF FLORIDA DEPARTME4WT OF ELDER AFFAIRS REFERRAL AGR~EEMEN'rS. WHERI~AS, the State of Florida I~ent of Elder Afl, in r~cluh'es Collic~ County Social/S~ior Services to enter into r~fa'r~l agr~ments with Collier County ~-'~ng u a cuc management agency for service provider agencies fi'om the community, and V~IEREAS, thcr~ ~ multiple service provider ~encies; nad WHEREAS, there is no financial involvemmt by Collier County with the service provider alencies: and ~A'HEREAS, these State mandated referral a~."ments do not retail numbers of service units nor dollus of service to t.e purchased but. ra~h~r, '.hey a~ nxluired documentation of service providers within Ihe Collier County service area: and WHEREAS, ~t is the intent of this Resolution to avoid the need for repeated futur~ Board of County Commissioners' approvals for said r~fen'al agreements where said aD'cements do not financially obligate the County amd ~'e merely lists of recognized service providers. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUN"rY, FLORIDA., tim: I. The County Administrator amd/or his designee amd/or thc County Social Services Aclminisu'amr amd/or his/her designee ~rc hereby authorized ~o execute the Sine of Florida Department of Elder Affairs Referral Agreernmts provided tl~! no payments by Collier County to a service provider agency ue rccuired by uid a~'eernent, s. PASSED AND DULY ADOPTED this. day of , 1997. ATTEST: DWIGHT E. BROCK. CLERK. BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: By: As Deputy Clerk TI~IOTh~ L HANCOCK, C~ Approved as to form and legal sufficiency: ~iro Ma. flalich~ -- -'~"---' Chief Assistant County Attorney JUL 2 2 19 P~ Exhibit 1 REFERRAL AGREEMENT This Referral Agreement, made this 19 ..... shall be in effect for thc period of between Management Agency, and Provider Agency. The purpose of fltis Agreement is day of to promote the · the Case , the Service development of a coordinated service delivery system to meet the needs of the aged or disabled adults who arc at dsk of premature institutionalization. I. Objectives 1. To maintain a climate of cooperation and consultation with and between agencies, in order to achieve maximum efficiency and effectiveness. To panicipate together by means of shared information in the development of services. 3. To promote programs and activities designed to prevent the premature institutionalization of elders and disabled adults. The panics of this Agreement will provide technical assistance and consultation to each other on matlers p~ng to ~ctual service delivery and share ~ppropriate assessment information and care plans so duplication may not occur. Both panics of this Agreement may terminate upon no less than thL-Ty days notice without cause; thc Case Management Agency may terminate upon no less than 24 hours notice due to lack of funds; and unless waived by the Case Management Agency, the Agreement may be terminated for breach upon no less than 24 hour notice. All termination notices must be delivered by certified mail, rct~tm r~ceip! requested, or in person with proof of delivery. IL Under 1. this Agreement, the Service Provider Agency agrees to the following: To accept referrals for the Aged/Disabled Home snd Community Based Service (HCBS) Medicaid Waiver from only the Case Management Agency. To provide quality service(s) specified in Sect/on IV for the waiver participant which is subject to quality monitoring and/or observation by the Case Management Agency. To provide only those services specifically outlined in the Plan of Care or service authorization submitled by the Case Management Agency. JUL 22 9 III. Under 1. To bill Medicaid the usual and customa~ rate for each service. To attach documentation regarding provider qualifications to this Agreement; and to provide, az requested, any information regarding Medicaid Waiver billing, payment, or waiver participant information, to the Case Management Agency or Area Agency on Aging. Provider rate increases/decreases must be forwarded to the Case M=magement Agency and Area Agency on Aging along with justification for any increase. If additional services are added to th~s Agreement, an amendment must be prepared by thc Case Management Agency listing the service(s). The necessary documentation regarding provider qualifications for the additional services will be signed, attached to the Agreement and forwarded to the Area Agency on Aging and the Case Management Agency. To maintain the waiver participant's confidentiality. To immediately repo~ any changes in the waiver participant's condition to the Case Management Agency. To maintain enrolled provider status by renewing applicable licensure, certification, contract, and/or referral agreements. In consideration of the benefits to the Service Provider Agency provided by this Referral Ag:cement and other good and valushle consideration, the receipt and sufficiency of which is accepted through the signing of this Agreement, the Service Provider Agency shall indemnify, hold harmless and defend the Case Management Agency and its agents and employees from all suits and actions, including attorney's fees and all costs of litigation and judgments of any name and description 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 Case Management Agency by any employee of the named Service Provider Agency, any subconlxactor, or anyone directly or indirectly employed by any of them. The Service Provider Agency's obligation in this provision shall not be limited in any way by the lack of any Case Management Agency payments to the Service Provider Agency under this Agreement, or by the limit of, or lack of, sufficient huurance protection. This section does not pertain to any incident arising from the sole negligence of the Case Management Agency. this Agreement, the Case Management Agency agrees to the following: To provide the Service Provider Agency any pertinent information and history on the referred waiver participant. To provide t:he Service Provider Agency with a copy of the Plan of Care or a service authorization form specifically outlining the service(s) to be delivered. I JUL"2 L To be available to the Service Provide- Agency for discussing th-. refea-red case. To immediately rclx)n ~ny chmge~ in the w~iver participant's condition to the Service Pt~ovidcr Agency. Under this Agreement, Provider Agency: 1. the foUowlng services be delivered by the Servt~ Under this Agreement, the Case Management Agency Is not bound to only refer to the Service Provider Agency, Case Management Agency Signature Service Provider Agency Signamze Printed N~Lme Primed N~me Title Title Date Date Approved as to form and leE:al sufficiency: ~ Mafialich" ' - --'-'"' Cl'def Assistant County Attorney b:~sr~'menu 97~ f~rra la ~t~cm~m.h~ltlthl erviees.rm JUL 2 2 B ...'UL-t~-.'9',' TI-U ~0:04 iD: .624 WAIVER ~,,LIF. NT PREFERENOE FORI~. COLLIER COUNTY SERV1CE CASE MANAGEMENT MEDICAID WAIVER PROVIDERS COLLtER COUHT¥ SERVICES FOR SF..NIOR$ HOMEMAKER A) MORNING STAR NURSING SERVICE E) HEALTH FORCE C) INTERIM HEALTH CARE D) PROVIDENCE HOME HE&LTH CARE PERSONAL CARE *A) MORNING STAR NURSING SERVICE S) HEALTH FORCE C) INTERIM HEALTH CARE D) PROVIDENCE HOME HEALTH CARE OI RESPITE A) MORNING STAR NURSING SERVICE I) HEALTH FORCE :C) INTERIM HEALTH CARE D) PROVIDENCE HOME HEALTH CARE EMERGENCY ALERT RESPONSE SYSTEM SECURITYLINK FROM AMERITECH CHORE HEALTH ~ORCE IMPORTANT NOTICE: Conler Coutffy Government Ia not re, pen~lble for the aele~lon or eereening o! the lanaddem Ibted In Ih~ d~ent end eleee not Illume liability for the performanoe of the I ~lmltand th~ under Medlolld Waive' Servlc'e~ I hive the right lo recelw eer~la~ lmm any emolled waiver provider, and I em enlltl~l to a fll~. he. ring If IIm denied terHcee lmm the II~vide~ of my chelge. I i~therl~l Medleeld WM i'~ovldem to ~lharo Informatlofl cormernlng my r. llent file Irdormellen In ord~ la I~'evlde me wRh th~ hem lme~le ~e~e and cam plan. Cllent/t.egai Representative ~.;Ignature:_ Date: MWI~IFFRM EXECUTIVE SUMMARY I~COMMENDATION :~4AT TKE BOARD OF COUNTY COMMISSIONERS A~vPROVE THE RECOM~MENDATION FOR THE GOLDEN GATE COM~TY CENTER SUPERVISOR. Objective: That the Board of County Commissioners appro~z the recommendatien by the Parks and Recreation Department and the Golden Gate Community Center Advisory Board for Keith Larson as the Golden Oate Community Centex Supervisor. Consideration: The Parks and Recreation Department and ',he Golden Gate Community Center Advisory Board conducted interviews to fill thc Golden Gate Community Center Supervisor vacancy. The Advisory Board and the Parks and Recreation Department selected seven candidates for interview. These interviews were held on June 12, 19, and 24, 1997. Keith Larson was selecled unanirnously by both the Parks and Recreation Department staff and the Golden Gate Community Center Advisory Board. The Golden Gate Cc,mmunity Center Guidelines as written in Ordinance 7:54 requires that the Golden Gate Commtmity Center Advisory Board's recommendation be confumed by the Board of County Commissioners. The Parks and Recreation Deparlment supports this recommendation. Growth Management: None Fiscal Impact: This position is budgeted in Fund 130. Recommendation: That file Board of County Commissioners approve the recommendation of the Golden Gate Community Center Advisory Board and the Parks and Recreation Depmunent for Keith Lar~.~,~.the Gold,~~ Center Supervisor. Steve Pcffers, Recreation Supervisor Department ot' Parks and Recreation Reviewed and ,.~//~.,~ Approved by: Mafia ~y, D~to~_/ ~mt of P~s ~~on Date: 7" $' ?M Reviewed and..=_4__~ Approved by:~_X Thomas W. Olliff, Ad~strator Division of Public Services Date '-7' \ C~.C['~. ,o. JUL 2 2 RECEIVED COLLIER COUNTY INTERNAL APPLICATION APR 16 1~7 HUMAN RESOURCES LAST NAME FIRST MIDDLE HOME PHONE ADDRESS CITY STATE ZIP WO R.K. PHONE Position for which you ar~ applying: Reference number: S~lary Expected: are you interested tn this position?: ...... crT.z~-7 7_5: . Position: pr~ 5',,~,~,.~,~ D~ar~nenVDivision: ~ R~e~on for Ch~ge: Su~isor: Dates of Emplo~ent To~i Months: ~~ ~ ~om ~{,~1~ to ~,~ ~~ ~_~ Posidon: ~p~en~ivision: Rein for Ch~e: Supc~isor: Dates of Emplo~ent Toal Monks: ~m Describe Duties: Position: D~panmenuDivision: Reason for Cha~le: Supervisor: Dates of Employment Total Months: from Describe Duties: Position: Deparlment/Division: Re~son for Chanse: Supervisor: Dates of Employment To~al Months: from to Describe Duties: From: --- Il To: I Re.&soa for kavas: ~ Pa. Address: q~ ~ ~v~ ~ [ Phone, Num~ From: I To: i Rcuon f~ leaving: ~ ~~ I ~"~ ,~ ~ ~oI~/~,.., ~ ~,~. c.~ ~. ~..~ From: { To: { Re.on for ~v~{: ~ Mon~ ~ Ye~:~ [Month: q ,Ye~ ~[ Jo~ T~ o,o ~- Dcs~ Duties: ~o~ ~,~ p~ o~ ~ ~~, How m~y yea~ of Yc~ of Hiih School Yc~ of College Ye~ of G~tc grade school completed: ~completed: ' ~ Completed: ~ Sch~h High School: College: Vocatioru~usiness: Other: Graduate? E~res ri No Graduate? CI Yes [~I~o Graduate? [~ Yes [-I No Graduate? O Yes [-I No Have you notified your supervisor that you arc applying for this position? [[~Yes [] No I understand that my personnel records may be reviewed if being considered for this position, i also understand that my a.¢ndance records, safety recorcL~ and my general performance record will be discussed with my prospective supervisor. I certify that the information that ! have provided is accurate to the best ofmy knowledge-. /. ~ ~ ! £mployce Signature: ~ . __ ,. . Date: z'41~s/ /.~-~ Commits: (Please summarize any additional information that would be helpful to us in considcrLng your application.) Golden G~te, Florida 33999 Mr. Steve Pellets Golden Gate Co=munity Park 3300 Santa Barb.ara Blvd. Golden Gate, PL 34116 Dear Mr. Peffer~a~ The Board of Directors of the Golden Gate Woman's Club voted unanimously at their meeting on May 6 to write this left,er to the Selection Committee for the position of Director of the Golden Gate Community Center. Our recommendation for this position is Keith Larsen, who is now filling this position on an interim basis. Keith is doing a very fine Job; he is per- sonable, very polite, has a keen sense of humor, and is always willing bo help out wherever he is needed. The Woman's Club meets regularly at the Center and also uses the Center for their various functions, and so, feel very strongly about having Keith appointed to this position. Should you require further information from the Woman's Club, please contact me at 353-1674. Sincerely, Rita t~. Eaton For the Board of' Directors RESUME KEITH R. LARSON EDUCATION UNIVERSITY OF SOUTH FLORIDA, TAMPA, FLORIDA - PRIHARY COURSE OF STUDY- BUSINESS MANAGEMENT. ACTIVE IN STUDENT GOVERNHENT AND SPORTS PROGRAMS. 1975 GRADUATE, LELY HIGH SCHOOL, NAPLES, FLORIDA EMPLOYMENT EXPERIENCE SEPT 1990 TO PRESENT - CITY OF NAPLES, REC AIDE II, CAMBIER PARK. Duties include assisting supervisor in reservations and booking of Comb~er Park activities (including club, organizatlon and party planning) which has the following facilities: an audttortu,, 3 meeting rooms, shuffleboard, horseshoe, basketball, baseball, and open air band shelI for concerts. Oversee center daily to make sure center ts ready for all activities. Also assist with the sunmer preschool camp program (for 3 to S year olds), and organize and teach the following sport comps: baseball, soccer, basketball, and football, for ages 6 to 12 during the sunm~r. I also design and develop most of the center's programs for the theater groups. 3AN 1988 TO SEPT 1990 - HONDA SUZUKI OF NAPLES, PARTS MANAGER. Duttes included complete responsibtlity of ports department, ie. orderlng inventory, and stocking ports and accessorles for large dealershtp..Set up promotions with soles deportment, and worked with customers on special order and occessortes soles. JULY 1983 TO SEPT 1987 - COUNSELOR/JOB DEVELOPER - SOLFilfWEST FLORIDA PRIVATE INDUSTRY COUNCIL, NAPLES, FLORIDA, Position required total fonTiliarity with employment options ov~ilable ~thin the con~nunity. Worked with applicant from initial interview, application process, certification of eligibility, to re. ferrel to testing end assessment program. Follo~ng this, ~orked ~th assigned case load counseling on emplo~nent history, educational background end vocational interests. Contacted prospective employers, referring participants to intervie~ appropriate for their background, abilities end interests. In addition, es Classroom Training liaison, was responsible for screening, assessing motivation and vocational interests, end enrolling participants in appropriate classroom training programs. MAY 1979 TO ]ULY 1983 - MANAGER, CAMELOT HUSIC, COASTLAND CENTER, FT. HYERS, FLORIDA AND NAPLES, FLORIDA. Ft. Myers ~s the company's first non-moll store location. Utilizing training received, set, opened end operated store in such a manner as to set yet-to-be-matched sales records. Interviewed, hired and trained full staff of new employees, established in-store appearance by recording artist Melanie; researched and developed market to~mrds allocation of advertising funds, making placement decisions as to locaI radio stations and publications for both the Ft. Myers and Naples stores. Promoted to manager of higher volume store. COASTLAND CENTER STORE - Performed duties and carried responsibilities as previously mentioned as store manager on en increased level in a high traffic and higher dollar volume location, necessit¢]ting the training end supervision of added staff, including the Assistant Manager. Participated in promotion and staging of in-store appearance by Harry Chopin and Alabama in the Ft. Myers store. Additionally, worked closely end successfully with the local radio stations on numerous promotions end established excellent conmuntty relations through local schools, churches end ctvic organtz~ttons. References available upon request. F~ECUTIVE SUMM~Y RECOMMENDATION THAT TtiE BOARD OF COUNTY COMMISSIONERS APPROVE iCONTRACT WITH BIG WA'i~E INTERNATIONAL, INC. FOR S£RVICES AT YOUTH NIGH' FOR TI~ COLLIER COUNTT PARKS AND RECREATION DEPARTMENT. Obleetb'~: Thai the Board of County Conunission~ tpprove a contract with Big Wave Ini~ational, I f~r video program services at fl~e Youth Nii~t on August 2, 1997, nnd amhorize the Chairman to sign s Consideration: The Pa'ks a~d Recrr.~tion Depa:~nt is spo~oring Youth Ni/h~s throughout County. ~ Au~ 2, I~7 ~1~I vid~~ is ~~ at ~ld~ ~te ~~ ~ ~ 8:~ ] ~ 11:20 PM. ~e v~dor ~o ~11 ~ ~~g ~ ~d~ ~w ~ ~u~ a ~n~ ~ ~ ~ ~u~ is for $2,5~.00. ~e ~a~y ~ill have a big ~ ~l~on ~ ~ ~d~s for ~ ~ ~ ~ ~s v~doz is a ~le ~. ~e Flofi~. R~ ~ ~ ~fion ~o~ ~e ~ ~t ~ ~w of no o~ ~ for ~s ~. ~ ~~ ~ ~m ~n~ i~ ~ ~ ~ ~t ~de ~s ~ice. Growth Management: None. Fisenl Impact: Funds a~ available in Fund 001-156341 to cover the expense of thc program. e~ots~mendaflon: That the I~ard of County Commissioners approve the contrnc~ with Big W international, Inc. for services at 'Youth Night on August 2, 1997, and authori~ the Chairman to sign Mm-do Smith, Recreation Mu'agar Depnrtrn~t of Parks and Recreation Approved Marl~ Rsmsey, Dir~,~ort/7- 13~'l~mt of Parks Steve Camell, Director Dcpaztmcm of Purch~ing Date: Division of Public Se~ice~ · Six, mot · W~ite Cop). Aleney - Yellow Copy T~is coeb-lCt enlered into Is of' the BIG CONTRACT# 96 WAVE INTERNATIONAL, INC. P. O. Box 3l$ · Norsk S~lem, NY 105~0 Pkone#914/276.1310 * g~zlgI4/27~.1219 Fed ~L~' 2~ d~ o~ ~ ~) ~997 , b~ ~ ~tw~n Bi~ ~va lm~d~n~, Inc., P. O. BOX 33g, Noah Salem, NY 10560, as p~xtuc~ of the event, ~ Colli~ County Pa~'ks & Recreation 3~O0 S~ta Barbara Rouleverd Naples, FL 34116 (hereind~er t'eferr~ to as "SPONSOR") Big Wave will provide Wild Video Dance i"~y"~ (}',ef~ns~er referred to Is "EVENT"). to perform It the date, time and place specified below: PROGRAM: Video Dance Party LOCATION: Geldea Gee Can~nmni~7 Puk DAT~ August 2, 1997 TLME: 8:30 PM(S:30 PM ropo~ time) ~oaclel EQ Req:. SPONSOR shall provide a secure, dry. dado and proper place for the event, in good condition, to,ether with all ~'e~saz7 stage ~.ces~m~es propemes, as specified below and in attached rider. STAGE ACCESSORIES AND PROPF:RTIF..S: The attached Addendum and Rides Is pan of this contract. No performance or program or any pan thereof is to be reproduced, including but n~ limiled Io ~p~uclion by ~utin m ~ ~ordinl, wilhou~ w~uen ~ission of Big Wa~. S~NSOR ag~et to pay Big Wave Is comide~tion for ~ ~m~ms gt forth under ~RMS" ~low. No Sages are m ~ d~u~ f~m ag~ed com~nsalion. Any and ~1 city, ~le i~lu~inI amusement, sales, e~c. for said EVE~ shall ~ Ihe sole ~s~nsibility of S~NSOR. ~RMS: Pay~nt Gu~amee 52,500.00 PAY~IN~ONS: Two Thousand F~ Hundred Dollar~ F~I G~r~tee. A~itio~l~. ~y VJ SJO,~ ~tel ~rdiem ~cmh or check ~e ~le to VJ) the ni~ o/sho~'. $2.~.~ ~o be ~id ~o BWI representative . Chec~ ~o be ~de pa)~ble ~o BWI. Oh is understood that this Contract is binding on both panics; it cannot be cancelled except as follows: Rig Wave ~ SPONSOR mutually that either party may postpone this Contract and all parties shall be released from amy additional liability of d~rage~ het~a-xJet, if Big Wa or SPONSOR isunable to fulfill the terms of this contract due to ~m Act of God ot any off,et lelitirnate conditions beyond ~e control of Bil Wave or SPONSOR. If this contract is postponed due to an Act of God o~ legitimate con, dom beyond the control of Big Wave or Spoasc Rig Wave will be paid in full on original conttacled Date and Big Wave will perform gratis on a future agreed upon Date. It is expressly that RiI Wave is not responsible for any act of commission or omission on ~e p~ of the SPONSOR. In furthetlaCe fl',et1~f ~ for the benefit of Rig Wave, it is agreed that SPONSOR will no~ name, Join orothtrwise look to Big Wave as a party in any civil aclion or suit out of. in connection with or related to any acts of commJssionor pursuant to this agreem~t by SPONSOR. Without in any way lin-,idng generaltty of the foregoing, Big Wave shall not be responsible for any costs, dameg¢s, or other expenses including all production experts which may be incurred by SPONSOR by reason of any such acts of commission or omission. SI~C~SOR'S CORRESPONENT: Peggy Ruby TTTL.~ ML'kedng Special Eve.,nL~ BUSb'qESS PHONE: 941-353-0404 HOM]~ PHON~ 941-434.0306 The representalive of SPONSOR. in signing this Contract, warrants that (s)he signs as a duly authorized relxtsentative of SPONSOR. This Contract must be returned to Big Wa,,e Imemational. Inc. within FJ~een (15) days of thc date 'cmcred into". This Contract is governed by thc laws of the Sta~e of Florida and cannot be changed except in writinl and signed by both panics. DATED: BOARD OF COUNTY COMMISSIONER: ATTEST COl J ~:~, COUNTY, FLORIDA CTTTLE) CITTLE) Chairman JUL u to Fo.n'n ~ Legal Sufficiency: Assistant County Attorney-Tom Palmer 0 F.,XF, CUTIVE SUMMARY Approve Budget Amendments To Align Park~ Capital Project Budgets With FY 97 Forecast Expenditure. ~ To obtain Board approval ofbudget amendments to increase certain Parks capital project budgets in accord~ce with FY 97 fore, uts ~nd to appropriately redistribute funding between parks impact fee~ and other revenues. Also, to obtain Board approval to recognize additioual Florida Boating Improvement Program (FBIP) and boat registration fee revenues for FY 97. CONSIDERATION: Funds are needed to facilitate subm.utial compl~on of sevea-al Pa'ia projecU, including South Naples Community Park and Sugden Region~l Park, in accorclaace with FY 97 budget forec~ts nppmved by the Board during the lune 1997 Budget Wot 'ks~ps. ~[~-~: The following fiscal impacts will result for FY 97 project budgets (Funds are available in Regional Park Impact Fee [Fund 345] reserves and via additional boating related revenues): · Project 80055 Athletic Fi(:Ids & Couns--(Sl,167,769) decrease. · Project 80037 S. Naples Park - 1;1,167,769 increase. · Project 80081 Sugden Pa~k - 1;543,032 increase. · Project 80076 Caxambas Park ($106,868) & Project 800~7 Bayview Park ($109,000)-. Change revenue source from regional park impact fees to FBIP (No change in total project budgets), · Parks Capital Reserves - (1;143,132) decrease. · Boating Related Revenu~ - $399,900 increase. ~~: Insures funding to complete South Naples a~d Sugden Parks per the Capital Improvement Element of the Growth M~nagement Pla~. RECOMMENDATIOI~: That the Board approve the attached budget amendments ~s explained above. SUBMITTED BY: Date: APPROVED By: .L ~'~ (~ Date:~ JUL 2 2 For Buds~lFir, x~ Un Only BA# BAI~ APH Date To BCC Y~ No II'previously approved, BCC Agc~da Dat:: ~o~ ~ No.) ARsch Executive Smrucuary lw~u # [Z~'?EN{£ BUDOET Dt"TAIL Di~ 2 lq3' Corem Park Fees C.~ Center Title Cost C=nter No. 7531 O0 Ex~t~imr~ T~e Improvements Gen et'al TOTAL .4thlettc FTeld$ ~ Co~rts Projecl Title 122.979 12Z979 Project No. 210.00 210. O0 Dist. 6 South NaMes lin_pact C.~ Center Tide Corm Center No. 7~3100 Improvements Gent'ral TOTAL ~outh Na~les Parl~ Proj~'~ Title 122. 769 122. 769 Curr~nt 5, 000 8OO37 Project No. Revised 127. 769 127. 769 Cam Center Tide {}.EVENU~ BUDO~Z'I· DET~dL Co~ Cea,ter No. Project Tide Project No. TOTAL JUL 2 2 · P~, -O7'' -,; ARE TUTUS ~~on of thc South H~oles ARE FU*NDS AV~I,ABLE? ~~~.~Uic Fields and Courts}~ ~V~W PROCESS DMSION ADIvfTN~ STRATOR.: -~~ BUDGET D *'"~AR'FIvlENT: AGENCY M,A.NAGER.: ~ OF BOARD ADlVlTN: II~TPUT BY: DA'lB B.A. NO: JUL 2 2 1~ For Budgc~/Finance Use Only ~E# BAI~ APH Date ToBCC Yea No FIJKD TITLE IZprcviously approved, BCC Agenda Dat,.': NO.) Attach Executive Summary Item # EXPENSE BUDOET DETAIL Of#. 2 NN Corem Park Fees Co~t Center Title L~641,[ Athletic Fields & Courts Center No. Project Title 631400 7631 O0 Project No. lncrr~a Currcn! R~vised g,x't, enditur~ Title tek, wall ~ Engineering Fees (20.000) 31,429 il,429 Intprovements Ger. eral (1.025, 000) I, 143, 760 118. TOT AL (I, 045, 000) !, 175,189 130.189 ~i~t. 6 South Naples lmr~act 1,~541¢! .~Uth Naples Park Cost Center Title Cx~t Center No. Project Title 763100 8OO$7 Project No. Incr~a~ Current Revised Ex~-ndi~ T'~ ~ ~ Bv~tn~ lmpravemen ts G~n era/ !, 045, 000 $, 000 1.050, 000 TOTAL 1.045,000 5.000 1,050,000 ~ C~tter Title REVEN'OE BUEK~ET DETAIL Ln'~-~i~.-ntcr lq~). Project Title Increase Current Projcct No. ,10L 2 2 WHERE ARE FUNDS AVAE2~LE? ~ tie ~ailable in Proi~"~ 80055 CAhhl~ic Fields and Court). REVIEW PROCESS BUDGET DEPAR'rlviEN'I': AGE~NCY MANAGER: ~ OF BOARD ADMIN: INPUT BY: B.A. NO: DATE JUL 2 2 ~ For 18ud~.t/Fimmcc U~ Onl~ BA# /12# BAI~ APH D~t~ To BCC Yes No If prc~ously approvcd~'BCC Agenda Date: Attach Exccutiv~ Sununary Itcm# Co~t Center Title Co~ Center No. ~$1400 631~51 ~t6314 ?63100 .pM teertng Fzes Fees Maintenance Improvements General TOTAL Caxambo$ Park Cleanup Project Title ~0076 Project No. lncr~t~ Current P. rvi~l .$765 ~, 765. 00) 10.000.00 1. ooo. o0 92868. O0 106,868.00 10,000.00 $.000.00 L O00. O0 8~,105.00 101,105.00 l~ark$ Capital Prolect: Cost Ceat~r Titla C'o~ C~ntcr No. ~itu~ 763100 E x~W.~ Titlt lml~rovemcnt~ General $~gden P~k Project Titlc Ittcr~&~ 115.000.0o 111.000. o0 Current 1,377,129 1,377,129 80081 Proj,ct No. IL~is~d 1,492,129.40 1.492.129. 40 FL ~ Im~ Pro.mm Co~ Ccn~ Title Center No. ProjCaTiOe Rm Titk $$J720 341820 FL 1boat Irate, Program Boat Ftc: 10¢ 8 65. 00 115,000.00 TOTAL 221,865. 20~.000.00 WHY ARE FUN'DS NEEDED? · ' .~l;.[l.9.1~hL~atin~ Imoro~cmcut Proeram ix b~in~ reco~ized to cover the ~tOcL T~is o,",~lLi$ ¢likibl¢ for fundine from ~¢ FL Boatine ~~.~irdt re-all~';at~ to Fund 306. Funds bud~ctc~:! in Fund 345 ~~l~J~l~l to Proiect 80081 (Su~dcn ParkL ARE FUNDS AVAILABLE? ~,g Imorovcment Pro,ram to cov~r I~ cost ot'~his oroicct and '7 4 REVIEW PROCESS BUDGET DEPARTMENT: CLERK OF BOARD ADMYN: INPUT BY: -_ ~ Agen· I "°' [ JUL 2 2 L_ Ifla~wiousl¥ approv~ BCC Agen~ Date: e-tn~ NO.) Attach Execu~'e Summary I t ¢.,n # Cost Canter Title 6260 qaxambat Pork C/ran,: C~)st Center No. Project Title 631400 651551 646314 163100 8OO76 Proj~.-t No. lncxcasc Current eMering F4:es (10, OOO. 00) I O, OOO. Od F, ts O, OOO, OO) $, OOO, OO Malntenanc~ (I, OOO. 00) I, O00 Improvement. t General -92867.80 92867.8 TOTAL (1OO, 867.80) 106,867.80 It~Gttg.~.~..~jgg~ 116S60 ~tgdcn Park Cod C~tcr Tide Cx~ Cartier No. Pmj~:t Title 7651OO Project No. Incna~ Currant Rtvisad Improvement= General 249, 999.80 551.700 801,699. 80 TOTAL 249.999.$0 551,700 801, 699. ~ Tit~e Re~trvez for Capital Outlay (143.132.00) $85,$2I. OO TOTAL (143,132. OO) 38J, 321.OO 242.189.00 242,189. OO IAge. da' JUL.2 WHY ARE FUNDS NEEDED? ~~.i.~, - 'l'hi~ oark is eli~ibic for~ndinl~ from lh~ Pt. noa ~u~. WHEI~ AR~ FUNDS AVAILABLE? · ' ' '!lLng lmoro~,~rncn~ Pro,ram ~o co~r thc cosl of thi~ oroicct and REVII/W PROCESS BUDGET DEPARTlvgDCr: AGENCY MANAGER: CLEI~ OF BO,M~,D ADMIN: ~ BY: B.A. NO: __ DATE JUL 2 2 E Fat Bud~/Finm~ Us~ Only BA# J'FJ BA.~ APH D~t~ To BCC Y~ lqo If prtwiously ~pprov~t, BCC Agenda Date: (Ftn,'D NO.) Atu~ch Executiv~ S~ Item # LrX~ENSE BUDOET DETAIL Co~t C~n~r Tide 651~$1 765100 OC~F~e~ Licenses & P~rm~tt /mprovement~ C-eatr~l TOTAL Proj~t Title Increa~ 12,000 ZOO0 9 A O00 109.000 800~7 Proj~ No. Cost Center Title Cost Center No. Ext~tu~ 763100 Improvements General TOTAL Project Tide Increa~ 69,052.00 69,052.00 Current 1.30~.097.40 80081 Projec~ No. 1,377,129.40 1.377.129.40 ~ Cxa~.r Title /~L Cc~ C~ No. Project Title $$$720 FL Boat Imprv Pn~grarn 178.052 ?m~:ct No. 278.032 t JUL 22 i9 WHY ARE. FL.~IO$ NEEL;i~D? · - ',rca lmt)mvement l~eTam i$ bein~ TCCOLmiz~ tO Cover thc . ' _' ' ark~. This hark is clieibl& for lundina from thc FL. Boatina ...... ' '~J~,~lj[o{~l.~,.~2und 306, FUnds budaeted in Fund 34I ' ' ' - -- --~reicct SOOSl fSuadcn park~. ~ ~ I~tYNDs AVAn. A~L~? mc)r~vcmcnt proc, Tam to cover the cost of this '7 REVIEW PRO~S BUDGET DEPARTMENT: DATE AGENCY MANAGER: ~ OF BOARD ADMIN: ll, IPUT BY: B.A. NO:. JUL 2 2 1 97 Ifpr~io~r,l~ approved, BCC Agenda Date: APH Dam ToBCC Yes No Attnch Item ~ Bawlew Park Co~t Center No. Project Title OCPM Fee~ (12. Licenses & Permlt.~ ('2, Improvements Gem.re/ (95.000) TOTAL (1~.~) 649010 765100 Current 12.000 2. O00 95,000 109.000 80O67 Project No, P_~e~/t0~ ~ s~,. pa,, Cos~ Center Title Cost Ccm~x No, Project Title 763100 8OO81 PmjeaN~ Iner~ase C'ummt Ro~d Improvements General 109,000.00 908.568 1.017,$6Z80 TOTAL 109.000.00 908,568 1,017.$67.80 ~F~.VENUE BUDGET DETAIL ~ ?~-'~"'~No. Projec~ Title JUL 2 2 WHY ARE FUNDS NEEDED? ~llllll~T~ll~~~timt Imorowmenl Pro,ram is heine reoo~nized lo ~ t~ . ' _ _' __. '. . ~. 7~is ~ ts eligible for ~ndi~ ~m ~ ~ ~i~ ...... ' '_ ' ~ ~11~{~ to Fund 3~. F~nds bud~ct~ in Fu~ 345 ' ~ P~ai~ 8~Sl {Sudden Pa~L WHERE ARE FUNDS AVAILABLE? · ' orovement omrram lo co~r the co~ of this oroi~'L t REVIEW PROCESS BUDGET DEPARTMENT: DATE AGENCY MANAGER: FINANCE DEPARTMENT: CLERK OF BOARD ADMIN: INI:I.IT BY: B.A. NO:. EXECUTIVE SUMMARY RECOMMENDATION THAT THE BOARD OF COLLIER COUNTY COMMISSIONERS A?PROVE 'i'ltls ATI'ACHED CONTINUUM OF CARE PLAN DEVEIX)PED REGARDING THE PROVISION OF HOblELESS SERVICES THROUGHOUT COLLIER COUNTY OBJEX: To submit a plan necessary to enable local homeless service providers to obtain federal grant funding, CONSIDERATIONS: Many area homeless service provider~ receive federal yant funding each year in order to fund a portion of the services that they provide. For 1998 lundin& the federal goven~rnent is requiring that each community submit a strategic plan for homeless persons and i'amilies called a "Continuum of Care Plan". In essence this plan is designed to describe what services arc currently being provided, what services arc expected to be offered, wha! needed services arc either not being provided or are being inadequately provided, what trends are expected, and what is being done to try and provide the needed services tlmt are absent or inadequate. The intent of' the plan is to ensure that federal funds ~tre not being used on duplicated services and that agencies are coordinating amongst th~,rtselves enough to rec.~gnize overall community shortfalls and will hopefully use grant funds wisely to try and correct service gaps. In sununa~, the plan indicates that there are currendy about 3C0 total available beds for homeless persons within the County, provided by approximately ten. different agencies. The plan further suggests that services to single parents with children, teem, the disabled, chemically d~endent slnRles and those with children, and abused persons are currently inadequately being provided. The Salvation Army has assumed the responsibility for coordinating the development of fi,is plan. They have, with the assistance of ICG Consultin8 and representatives of all or nearly all of the service providers, jointly developed a plan that is expected to meet the federal guidelines. With this plan these agencies will be able to continue to apply for and receive grant Eroding that ~II support their current or planned services. The County phased out a previous program that provided ~mdin8 for mca not-for-profit agenci~ two budget year~ ago. The enclosed ContC'xmJm of Care P~an rccognL~s that policy decision and does not cermet the County to provide any fuocG~,n_.o for these agencies nor does it look to the Cc~znty to provide any non-cub or in-idnd type of ~upport either. The plan does recognize the coordinated efforts to construct a new homeless facaity between the Sheriff's 13~psrtment, the County and the Ftm Assembly ofGod ~ As well the plan also recognizes the Detoxi_qcation Facility to be constructed by the David Lawrence Center in 1997-98, slated to receive $100,000 in ~st year operalin8 start up support fi.om the County. JUL 2 2 Lqg? I~'ISCAL IMPACT: A~ ir~dicated ~vu the~ is no fiscal im~sct to ~e Comfy as~:~atrd with appmv~ oft~ plan. GROWTH MANAGE~T IMPACT: Tho provision of homelea~ services is not provided for within tl~: County C-rowth MsmSun~ Plrn ~ thcrc is ',he~or~ no RECOMMENDATION THAT THR COU.W-R COUNTY BOARD OF COMMISSIONERS, ~prov~ tl~ att~.,hed pl~n for submission by th~ Collier County S~vation Army for sukmit*dl to th~ U.S. D~partm~ ofHousin8 and Urban Development. · by:. ~;V. O~J[~'~l-~'Servic~ Administrator JUL.2 2'E Exhibit 1: '~ Continuum of Care Developing a Continuum of Care }It. rD believes thc best approach f~ alh:viating homekssncss is dtrough a communily.b,',Le, Cd pax:ess that pn-~vidcs a comprehcnsivc response to the diffcrcnt needs of homcl,~s individu:ds ,'md families. Commu- nhi~ tell us thai one stn~,'tm of ~cxiblc funding will ensure a comprthcnsive approach. To this end, HUD h~ proposed legislation to reorganize Title IV of thc Stewart B. McK irmcy Homclc.~ Asslstancc Act enabling Ioc~itics to shape n comprehensive ,'md coordinated housing ,'md service delivery system called aContinuum of Care. A Continuum o{'C. are approach helps communities plan for and provide a balance of emergency. Iransitional, and permanent housing and scrvi'cc resources to address the needs of horatius persons so they can make the critical tnmsidon from the s~reets to jobs and independcm living. A Continuum of Coxe system sho~JId also include a homeless prevention component. HUD incorporated the basic lenets of Continuum of Ca~ in the distribution of its homeless assistance beginning in 1994. Since thai time, many communities have developed p,'ulnerr, hip~ and this is continuing in this con.<olicL'~ted applicalion for 1997 funds. The fundan~emal component,,: ora Crmllnuum or Care s.&.~em ,'u'e: · Outreach and assessment to identify an individual'sot f,'tmily's needs,'md make connections tn f~ilitic~ and services. · Immediate (emergency) .~hclt,:r :md .~fe. decent ahemnfivc.,~ ta the strcc~.,~. · Transitional housing wilh ~pp~opriale ~pponive.~crvices to help p,:ople reach inderx:ndcnt living. Such services include job training ;md placement, substance abuse treatment, short-term mcmal hc~hh services, and indepcndenl living skills training. · Pcrm,'tncnt housing or permanent suplx~rli~: housing ammgcmcnts. While not all homeless people will need accc~ to all components, each componcm must he pa:sent and coordinated within a community f(~- a Cominuum of C,'u'e Io be viable. A Continuum of C,'tre sy.'qem .~rves the specific needs of all homeless subpopulations within the community, h is coordinated with ~,: inclusive a group of communily reprezcntativcs as possible, including nonprofit organizations` State ,'md loc,d governmental agencies, housing developers,,md service providers, private foundations, local businesses and thc banking community, neighborhood groups, and homeless or formerly homeless pe~ons. While the Continuum of ~ approach can serve as a framcwodc Io bring homeless housing and services and their respective providers loser, her. only the community--not ITLID---can design a strategy that wofk.,~ be:st. Outreach Intake Assessment ri i '"~""";L''''''''*~''''~ ,r I '1 Housing JUL 2 2 199' Pg As part of the development and ongoing rc~'mcmcnt ofaContinuurn of Care stratc~:y, corem unitics.~uuld = sc~.,c the servicc and housing needs of homcless pa~ons in their locality, inventory the existing resources ;tvnilnblc to serve the:m, and identify gaps in housing and service delivery. This a~'K:sm~cnt will help to ensure that thc needs of al! homeless rcrsons will be met to the extent prncticablc. [PopulaUon Current = Continuum of Care l Need em~',-lInventory (..~,.al Gaps J If you are a servi¢:¢ or housing provider for homeless r~r~ons and you are not currently i~voivcd in Continuum of Cam proems. ~'e¢i free to contact your local HUD Field Office to identify other org,'mization.,~ in your area that have, established a Continuum of Care system and may be applying for funding. Continuum O1' Care Narrative The Exhibit I submis~:ion for npplicants involved in the same Continuum of Care strategy must be idcmic.',l. There an: five important parts of Ihe Continuum o1' C,'u~ Narrative that you will submit ~ your corem unity's Exhibit I. The infom~ation will be in narrative and charl form. as indicated below. Please describe, preferably on no more than 25 typed pages, the following: 1. The geogr~pAic m'ea co~'ered b.v your Continuum of Care The geog~phic ~'~a includ~..d in your Continuum of Care system should be composed of one or more of the cities or counties listed in the C.=ographic Ama Guide. The geographic area of one Continuum of Ca~¢ system should not overlap any portion of thc service ama of.'my other system. Il' Continuum of Care systems gcogmphicnlly overlap to the extent that they ~e competing with ¢.qch other, pro.i¢cts in the application that receive the highest score out of ~h¢ possible 60 points for Continuum of Cam will be eligible for up to 40 points under Need. Projects in the competing application with thc less effective Continuum of Care system will be eligible f~r only 10 points under Ne~d. tn no c~e will the geography be used more th'm one time in ,~signing Need point. The local HUD Field Office can h~lp determine it'any of the ar~a covered by one Continuum of Care system is also likely to be claimed under another Continuum of Care in this competition. Ln deten'nining what jurisdicfionsto include in a Continuum of Care strategy, you should only include those jurisdictions that are fully involved in the d~velopment and implementation of the strategy. You should be aware ttult the larger the area included in a Continuum of Cam s~rategX, the la. er the pro rata Need d~m that will be allocated to the strategy area. However, it would be a mistake to include jurisdictions that are nol fully L'~ volved in tbe development and implementation oftbe Continuum of Care Slrategy. since this would adw:rscly affect the Continuum of C. are score. B~:ause mos~ rural counti~ have exu~mely sn~,ll pm rata Need santos, they are stzongly encouraged to consider woddng with L'u'g er groups of ~:ontiguous counties to ~:velop a regio~wt~e Continuum of Cam strategy covering the combin¢ct s~rvic¢ are~ of the~e counties, [-'lcas~/ag/~:~tz the name for each city and/or courtly inclu~d in your Continuum cd' Cam system. ~cc.~use the g~.ography covered by yo~ system will afl'ecl your Need score, it is imixx..ant to be acc urate. This information must ma/ch the Application Summary Sheet. 2. Your commuuity's.aroce$$ for developlag · Continuum of C·re strate~t,. be sure to i~:lud~ the followin8 in the d/scussion: · Ple'~l n'tiJicauonofanycoord, natmgcounc,is, ne,works, orotho, or~an,zat,onal structuresa~d pla~lf~[~L~' : .... - Age.d~' ! JUL 2 2 sessions or meetings held 1o date and those, planned for the future. Indicate the frequency of the meetings (i.e.. weekly, monthly) and :he level of ¢onrdinafion. · The -':peet ftc n~mcs rind types of orga~ization.,~involved, such as State and Ioc,.d govcrmn eat agencies. nonprofit organic!ions (e.g., veteran service org,-mizations: organizations representing persons living wi~h disabilities, menb'~! illness, or HIV/AIDs: and other groups serving homeless persons). barcks, neighborhood groups, housing devclopcrs, buslnesscs, foundations, scrvice providers, and homeless or fon~erl)' homeless persotts. Indicate each organiz,'~tion's level of commitmen! and activity. This infonnafion can be provided in narrative or cl~arl format. 3. Your communlty's Coetlnuum rd' Care r~lem under development. Although your system is no! expected !o be comple!ed, development of a sys!em or pla,ns for its developmem should be under way. Please be sure to include a discussion of the following: · Your community's ~lrateg. y or ~/~ot~ to combat homelcssuess, including specific goals ,'md action ~eps. · The fundamental com~nem(s) of)our Continuum of Ca~e system currently in place ,'md thee .sour communily is working towa.rd. · How homeless p~rsons recei,,.~: or access assistance available under each component. · How each subpopul:stion (e.g., veterans or persons with mental iliads, substance abuse, or HIVI AIDS) is reached or will be reached. · How your system facilitales movement of homeless persons from one component of the syslem Io another, and how the components are linked. 4. Gaps and Priorities. Plea.sc bc sure ~o do the following: · Using data consistent with your community's Consolidated Plan, fill out thc Conlinuum of Care: Gaps An,'dysis ctt,'tn that follows. CRc(er to the inslmctions and the ch,'u~ for examples.) · Describe in a narrative the community's process for completing the 'Neccls minus Inventory equals Gaps" ~alysis. · Using )our gaps anaiysis f'mdings, fill out the Project Priorities cha.n that follows. (Refer to the ch:u~ for specific instructions and examples.) · Describe how each project will fill a gap in your community's Continuum of Can: system. Describe the relationship be!w¢¢.n the Proj~t Priorities and the priorities o~ the Gaps AnaJysis chart. · Describe the method, i:,rocess, and any criteria used to determine each project priority. · Describe how the pro)cc! priority selection process was fair amd gave equal consideration to projects proposed by nonprofit .xganizations, S. Supplemental resources. Please be sure to do the following: · Fill out the Project Leveraging eh,re. (Refer to the cluu't for specific insu'uctions and examples.) · Describe how the leveraged resource will be used in the proposed project and describe any written agreemems. · F,,~scribe how mainstream resources will be used to fill other gaps in your Continuum of Care system not addressed by your proposed project(s). Mainsu'eam resources include the Community opmem Block' Grant (CDBG) Program, HOMF~ Section 8 rental housing, public housing. Federal funds, S~ate bousing programs, city or county funds, private Funds, foundation grams, other sources. · / No,,_/,~ .~1!~ 2 2... 6 Instructions for Continuum of Care: Gaps Analysis This r~luircd chat! should he klcntical for all aOplicalkn~ rcggaclain~ ~ ~ C. arc systg:m. 1'~ klcmify eatimal~xl ~ and ~ ~ lecality's Coasolidated Plan(s). The Comol~ Plan is a I<mg.t=u-m Co~solidatcd PL~(s) fo~ yom' at~a. please comacn 7<n~ HUD Fseid Attach this rt~ chart immexliald7, ~ollo~dng yom' ~ !. Complcte the fir~ column "'Estlmastnl Need.' individuals (~l:q'~-*t port km of c ham I ami famifi<s ~,rith ct~/.Ideca Ckn,<~ ~ M. ct~m t on a givgm night. · Supportive -' s~n'~ ~ces sleek To sho~ the esaimaecd ~.~l for saWVcrsa~: ~a.~--g~ dins. cm~ ~ number of s~o(s that thc community wo~id need IO ~o~l~s i~iv~s~ F~il~[hcM~ TN~M~~(~ ~y ~ muhiplc ~i~. Y~ may ~fl~t the n~ in ~ c~m~ity. · Sub~u~t~,~ Toshow I~ ~l~ numar of ~cl~s ~ at ~ ~ ~ t~ ~ ~ ~ ~ ~ ~i~ I~t~ roe mty ~Ale ~ent si~e a ~el~ ~ my ~ ~t~ ~~. y~ may in ~ ~m ~ity. Complcle t~ ~ col~n ~m ~t~ t~ n~b~ ~ ui~g ~ ~tbI ~i~ ~ ~ ~ ~ ~ by ~e ~fly a~lable ~d ~e curtly ~r Complete t~ t~ column 'Unmet ~t~r ~ n~ i)~ ~ su~ing Complete t~ f~h col~n 'Rclati~ ~odty.' To ~ y~r community's ~ti~ p~ties for ~ ~ ~nive ~c~ slou. enter one of the following I~te~ L=~w ~ty; M=Mcdium ~t~ H=~gh ~. R~lizlng t~t ~1 ~ur ncc~ may ~ a p~ty. for pla~g pu~ pl~e tn~ t~t ~ c~ ~ a combi~tion of Iow. mcdium. ~d ~gh Agendg. JUL 2 2 pg. Continuum of Care.: Gaps Analysis Beds/Units Estimated Suppo~lve Ser¥1cee Slots Eitlmated Sub- populatlonl ~h~lTer Transitional Housin~ ;Permanent Housl~ Total Case Mana~..(~ment Subslance .~d:~usa Treatment Housl~ Plac~lment Lite Skills Training} Mental Heal:h Care Other Other Chronic Sub$1ance Abusers ~_nt a I~/III ~sed Veterans Persons with ltlV/AIDS Victims o! Dornestlc Violence Youth Other I Persons in Families with Chlldren ~~,etter [, Beds/Units Transitional Housing E~tlmated Permanent Housing Total Job Trainin~l. Case Managetr~nt Child Care Substance A~ Treatment Mental Healh Cart I. Je ~ Trak~n~ ~A 1997 CONTINUUM OF CARE STRATEGIC PLAN for HOMELESS PERSONS AND FAMILIES COLLIER COUNTY, FLORIDA U. S. Department of Housing and Urban Development (flUD) 1997 SUPPORTIVE HOUSING PROGRAM HUD Submission Dc[to: AUGUST 15, 1997 of C~r~. for Homeless 997 ~ontlmmm l'~rAoru and Families JUL 2 2 1997 Contributors This strategic plan reflects the collaboration of many concerned individuals and organizations. Most of all, it represents the efforts of community-based organizations sharing with each other to develop a well-rounded Contimntm of Cat, for Homele= Perso~:s and Fc~nilies in Collier County, F]odda. This is a dynamic, comprehensive document, which will grow with the community in their efforts to help homeless persons reach self-sufficiency and avail themselves of permanent housing, either rental or homcownership. Appreciation is extended to the organizations in Collier County for participating in meetings, filling out a Gaps Analysis Tl~ble, and working through issues towards priodtization of homeless populations, assessing resources in place, and identifying gaps in services and housing opportunities. The Salvation Army acknowledges the assistance from the following agencies in participating in the development oftkis Continuum of'Care: The Salvation Army Advisor), Board Residents of The Salvation Army's Transitional Living Facility The Collier County Board of County Commissioners The City of'Naples Mayor and City Council U. S. Housing and Urban Development State Field Office Collier County Housing Authority The City of Naples, Flodda-l:'lanning Department Collier County Social Servicea The Hungry and Homeless Coalition of Collier County St. Vincent DePaul Society David Lawrence Center First Assembly of God Independent Life Center, Catholic Charities Youth Haven Collier County Veterans Administration Immokalee Neighborhood Services St. Matthew's House Shelter for Abused Women Vision Outreach Ministries Sunlight House Immokalee Friendship House Diabetes Foundation of Collier County Community Transportation 1997 Continuum of Care for Homelm Peraon~ and. Famlile~ 2 Agenda Mo. UL 2 2 1997 EXHIBIT ONE: 199'/ CONTINUUM OF C,~RE I. GEOGRAPHIC A REA COVERED BY CONTINUUM OF CARE SYSTEM The geographic area to be se~x~ed by this comprehensive Contimtum of Care for Homeless Per~xm,~ amlFamilies is all of Collier County, which includes the City of Naples and Everglades City. Florida. A township within Collier County, lmmokalee, is also targeted, due to the extreme differences between this rural area and the rest of Collier County. There is one request for 1997 Supportive Housing Program (SHP) funding being submitted as a Renewal Application for the Collier County area. It is for continued operational support and supportive services of The Salvation Arrays Transitional Living Center. This Renewal grant application is strengthened by the development ora community-wide Contimtum of Care for Collier County, Florida. Data referred to in Exhibit I is based on the 1990 Census, Collier County's HUD-approved Consolidated Plan for FY 1995 (Consolidated Plan), Collier County/City of Naples Comprehensive Plan-Housing Element (1996), the 1996 University of Florida's Bureau of Economic and Business Research (BEBR) Report, Barry University Daily Homeless Formula, and the Seventh Annual Repotl to the Government and Legislature on Homeless Conditions in Florida, State of Florida Department of'Children and Families, November 1996 (the Seventh Annual DCF Report), unless otherwise stated. Collier County Collier County was created in 1923 by the State of Florida Legislature from portions of Lee and Monroe Counties. It is located on the southern gulf coast of the Florida peninsula, due west of Miami. Naples, located in the western coartal area of Collier County, is the largest incorporated city, and during the 1980s, it had one of thc highest percentages of growth of'any Metropolitan Statistical Area (MSA) in the United States. Everglades City, the only other incorporated city within the County, lies south and east of the Greater Naples Urban Area. According to the Comprehensive Plan, by the year 2000, an Interlocal Agreement will be adopted between unincorporated Collier County and Everglades City to improve and develop housing opportunities for all residents with an emphasis on very Iow, Iow and moderate income households. Collier County is one of the fa,nest growing counties in the United States, increasing almost 77'A from 85,971 persons in 1980 to 152,099 in 1990, and another 24% from 152,099 persens in 1990 to 187,800 in 1995, with srowth continuing at an annual rate of about 5*/. through 2000 and taperin8 off to 2%. The County has an estimated population density of approximately 92.1 persons per square mile. Ti'is rapid growth has placed added demands on the entire community for new schools, parks, and other services, as wall as other infrastructure. It has also increased the need for affordable renttl and homeownership opportunities for the very Iow, low and 1997 Contlnuttm of Cnt~ for Homeless Persons and Fafltliles #o · _Z.~.LI4 JUL 2 2 . moderate income segment of the area as well as increasing the potential for homelessness among those experiencing turbulent financial and hard personal times. According to Homeless C'on&t/ons in Florida, Seventh Annual DCF Report, Collier County's population was 190,437 in 1996, with an estimated daily homeless population of 769. For Collier County, in general, agriculture plays a key economic and employment role. Currently the median income for a family of four in Collier County is :$53,100. On the other hand, with the tourism and service industry employing most of the county's population and payi,~g Iow wages ($6.00 per hour), many people axe unable to enjoy an adequate quality of life, including affordable housing. To meet its affordable housing needs, Collier County and the City of Naples developed and implemented a joint Comprehensive Plan Housing Element. The Element encourages public/private pannershJps, established a comprehensive inventory of existing housing units, encouraged historic preservation and environmental conservation, allowed for special needs housing such as group homes, foster care facilities, rural and migrant farmworker housing; and addressed local development and land use issues. The city/county pannership is also working toward creating a non-profit housing corporation, eliminating substandard housing, enhancing incentives toward homeownership, coordinating efforts to produce affordable housing, and serving as a housing information and referral center. Collier County uses State Housing Initiatives Partnership (SH~P) funds to address the community-wide need for affordable housing and established a goal of 500 housing units to be built each year within the urban area to meet this need. Historically, Collier County has been a resort and retirement community comprised of affluent, elderly retirees. Unincorporated Collier County's median age increased from 38 years old in 1980 to 40.7 years old in 1990. As the median age has increased, there has been a decrease in the number ofpersons per household, from 2.59 in 1980 to 2.41 in 1990. In recent years rapid population growth and younger, working family, permanent households have had a dramatic impact on the existing housing stock and created a need for iow and moderate income housing. The 1990 Census identified 94,165 existing housing units in Collier County, including Naples and Everglades City, with 32,462 of these dwelling units classified as seasonal, vacant and/or migrant housing. The housing inventory in Collit~ County is relatively new with the majority of the units being constructed between 1970 and 1995. As a result ofthe phenomenal growth in the 1980's, much of thc housing is in good structural condition. However about 16% of thc housing reported in the 1990 Census is now 30 years or older and rehabilitation programs ex, sure that existing homes axe updated over time. In addition to the age ora structure, the availability of kitchen and plumbing facilities and overcrowding are factors that determine the potential inventory of substandaxd units in the County. The planning communities with the largeg number ofunits determined to be substandard were Immokslee with 1,657, Fast Naples 410, Golden Gate 286, and Naples Manor with 268 housing units. (gee Table, Substandard Housing Units, 1990), Per~onl a~d, Farrdlle~ 4 ! #o....~.L~ I JUL 2ZIS Table One: Substandard Rousing Units, Collier County, 1990 ~DARD HOUSING UNITS. 1990 East Golden Naples Naple North Palm Cclller 'City of Immokale~ Naples Gate Manor Par~ Naple River YEA~ROUNOHOU$1NG 94.165 15,312 4,507 14,639 6.124 SE~.SONAL/MIG[~ATORY 22,588 4,113 44 3,277 401 LACING Pl. UMBINO FACIL. 306 10 101 32 0 ~ KITCHEN FACIL 336 101 74 17 0 MOIRE THAN 1.05 PERSONS/I:~M 3,431 134 1,482 361 286 TOTAL SUB-S?N,~OARO UNITS 4,073' 245' 1.657' 410 286 % SUa--STN,~OAP..D UNITS 4.3% 1.6% 36.8% 2.8% 4.7% 2.001 5,162 8,813 1,736 372 1,189 1,549 257 8 20 20 8 8 0 20 8 252 108 103 16 268 128 143 32 13.4% 2.5% 1,6% 1.8% Source: Collier County Comprc~,,ensive Pla3ning S~ction - 1996 Demographic & Bconomic Profile bas~l upon 1990 C~'u~ *Double-counting may exist because each unit may be counted in mor~ than one category. Housing costs vazy greatly throughout Collier County, ranging firom multi-million doIIar beachffont ~d waterfixmt homes to es.~f affordable hotaes in the eastern section. According to the Florida Assodation of lL~flton (FAR), the Naples MSA comL~'~ to be the least affordable community in the State. Furtlaer. according to the Shimbe~ Center Anabysh o£ housh& there is · [a~ge pew. eatage of owner ami renter households who pay more than 30% of their income for housing costa. This is ofp~ticula' coacem for the very low and low income families. Since families who pay more than 30% ofthdr 8ross monthly income on housing costs are considered to be co,~t burdened by HUD, there is · strong need for more affordable owner and rental opportunities throughout the Couaty. The Shlmb~g Center identified · very large deficit of affordable, renter occupied a.,xl owner occupied dwellLag tmiu. There h cotm~wide _aeea__ for 4,973 affordable rental units azXl 9,500 affordable owner occupied uaJu by the yea' 2000 fi3r a total of 14,473 affordable housing units for households eamiag under !g0,000 a yea'. With the amual number of Ccrttftcatts of ~ issued between 1990-1995 at 3,697, it would take appmx~nately 4.1 years to meet the projected need/f ever/dwdling Ctrti. flcate ofOccatxztwy we~ affordable. NO.~ t~0 .,,.,!. 2z According to the Compreh.msive Plan, there are no adult group homes in Collier County. A quick overview of the housing in Collier County is as follows: 3,528 recreational vehicle spaces. 4,22-/mobile homes, 1,98'/units in vazious migrant labor camps, 571 units in Farm Worker Village. 2?6 Section 8 vouchers/certificates, 13 ~ssisted living facilities for 562 people, 2 interim c~re facilities for the developmentally dibbled for 10 people, 9 nursing home facilities for 605 persons, 5 independent IMng nursing homes t'or 507 people, Youth t/ave, Group I-/omc for 25 youth, and approximately 100 historic preservation housing units. Consequently, there is a great need in Collier County for more migrantJf'armworker housing, permanent housing with supportive services for the developmentally/physically disabled, and transitional housing for youth with no permanent home. Without adequate income, and it'in socio-economic distress, many more individuals and £amilies f'ac~: homelessness. The rapid growth phenome~.~or~ demographic trends and employment opportunities in Collier County also impact the amount of resources available for supportive services and housing to homeless populations. Fe&:ral Community Development Block Grant (CDBG) funds currently go to the City of'Naples, but Collier County does not currently have the population necessary to become an entitlement. Thc Community Services Block Grant (CSBG) provides that 90% of the State of Florida's allocated funds go to Community Action Agencies or programs than came into existence during 1982 for the purpose of'alleviating poverty. Collier County to date does not have an ex~sting agency to rneet the requirements for 90% shm'e offunds at this time. There is no public housing in the City of Naples, and the Collier County Housing Authority administers the Section 8 program consisting of' 276 vouchers and certificates. Farm Worker Village in Immokalee offers 571 rental units of'various size. There are only several assisted housing units, which main~a,in a federal preference for priority admission to those who are homeless, living in substandard housing, or paying more ',hah 50% of their gross income for housing. Additionally, accx)rding ~o the Consolidated Plan, there are no facilities or services for the homeless physically located in Naples' corporate limits. Collier County does not qualify for direct entitlement for Community Development Block Grant (CDBG), Emergency Shelter Gran~ (ESG), Housing Opportunities for Persons with AIDS (HOPWA) or HOME rums. It does receive some HOPWA fun&s throush a Consortium and State of Florida SHIP (Housing Initiatives Pannership) program funds. City of Naples, Florida Historically, the City of Naples is perceived as a resort/mirement community, offering many job opportunities in the senfice sector, with the major employers being the hospital, school system, local governments, and in r~l, tourism, real estate and construction. According to the Consolidated Plan, N&ples lm the highest median income in the State of Florida, and the 1990 median age was 60.6 years. Elderly residents aged 65 and older account for 42% ofthe City's 1990 population in comparison to 35.6% in 1980. As the median age has increased, there h~s been a decrease in the number of persons per household, from 2.15 in 1980 to 1.97 in 1990. The 1997 of Cnre for Homelc~s Continuum Persons and Fandlieo -Agenda' JUL 2 2 Pg oJ~. City's population is 94% White. According to the Census, the percentage of the 131ack population decreased from 6.3% in 1980 to 5.6% in 1990, and Hispanic residents have increased from 1.5% to 2% of the total city population. According to the 1990 Census` there were a total ot' i 5,312 housing units in the City of Naples, and within the city limits, there are approximately 3,144 acres of land designated for residential development. Most of' the available housing inventory is owner occupied (78.4%) with 21.6% of the units being rental housing. Residential property values within Naples have remained higher than many major U.S. cities, which may be attributed to: an increased demand for land as the County's population increases, the limited supply of residential waterfront property, proximity to the Gulf of Mexico and Naples 13 ay, and the City nearing capacity for (build out) of residential and commercially zoned property. Increased growth and demand for the limited waterfront property increased the local property values and subsequently ad valorem taxes. This is a concern to many property owners, but it has the greatest impact on very low and Iow income homeowners, particularly s, mior citizens and others on a fixed income. With over 78% of the 1990 housing stock occupied by homeowners, the lack of vacant, undeveloped l~d as the ci~t nea~s capacity, and the average price of homes in the city being significantly more than in g~rrounding areas, homeownership opportunities within the city limits will continue to be a major challenge for very Iow and Iow income residents. Moreover, the high costs of land within the City increases the likelihood ofproperty being redeveloped for upscale homeownership or commercial us~s with the resulting loss of older, single family or mulfifamily units. Given these factors, it appears that the potential for the private sector to develop new, decent, affordable housing within the City limits, without government assistance, is unlikely. lmmokalee, Florida Collier County is the southwestern most county in the state with a landmass of 1,994 square miles, making it the largest county in Florida. With the exception of the coastal Naples Urban Area, Collier County is mosrJy rural. In 1984, the Naples/Collier County Metropolitan Statistical Area (MSA) was created onr. e its population exceeded 100,000 persons. MSA status oflScially designates a political unit as urban, although significant portions may be rural and agricultural. A major portion of Collier County's undeveloped rural lands will not become urbanized because they are composed of environmentally sensitive wetlands. The population distribution demonstrates increased density along the western, urbanized Gulf of Mexico coastline (Naples). Density decreases inland ofthe urban coastal area. The exr. eption is lmmokalee, an unincorporated township, or Census Designated Place (CDP), located 42 miles Northeast of Naples. It is one of'Collier County's twelve planning communities, has an agricultural economic base, t~nd accounts for 9% of'the County's population. In 1970 the U.S. Bureau of the Census documented a resident population of 3,764; by 1980 the population of Immokalee increased 193% to 11,038 persons. In 1990 the population was 14,120. O [mmokal~e is economically challenged, u evidenced by 44.6% of the po£,latton existing b~lo~ Ihef~dcralpo~rt~ Dtidelines. Tiffs count only includes permanent residents, excluding approximately 15,000 sea~naI, migratory, farrnworkerx. Immokalee is experiencing a drmnatic decline in its agribusiness. However, its sca.~onal influx cominues to swell. The 1990 Census estimaxes the number otrnlgrants in Immokalee to exceed 1 $,000 individuals. Less work for growing populations combined with current econon~c conditions creates strain on Immoknlee's faucial service agencies, tn terms ofhomelessness, there are 40 unrestricted emergency shelter beds t'or men, women, single parents and f'nmilie~, serving 1,000 unduplicated individuals annually. Table Two: Labor force Immoknlee Ethnicity Local 4350 Hispanic 9315 Intrastate migratory 4250 White 7518 Interstate migratory 4900 Black 3386 Total Labor Force 13500 American 48 Native White 10% Asian 56 Black 10% Other 3012 Hispnnt.c, 72% Total 23335 Immokalee accounts for $7% ofthe County wide sub-st~dard hou.~ing units. Area farmworkers llve in a variety of housing tlmt is usually substandard, detcdoraxed or overcrowded. As a result, many families or individual in the lmmokalee community may e=rperi~nce slmational tncVor episodic homelessness~ 2. CoI~rlT1VUUM OF CARE DEVELOPMENTAL PROCESS The Salvation Army receix~ a five-year Supportive Housing Demomtion Progrxm (SI-IDP) grant in 1992, providing it ~ fnm years of operating, administrat~ and supportive services resource. Since SHDP fmzling ends during FY 1997, The Salvation Army has worked extensively with local gov~ments, non-profit organimfions, laninesses, and other public and private entities, and has talom the lead in developing a seamless, comprehensive Contimmm of Continuum of~r~ for Hosn~l~sa Perao~ and l~andllee JUL 2 2 Care for homeless populations identified as having the greatest needs and lacking the services necessary to begin the road toward self-sufficiency. The data on homelessness has been gathered through a working relationship with The Salvation Army, the Hungry and Homeless Coalition, the District 8 Homeless Coalition, the City of Naples' Consolidated Plan, Collier County's Comprehensive Plan (Hour~ng £1¢menO, and SHIP Housing Assistance Plan (HAP). Other background information was obtained through focus groups with direct service providers ~md residents, and secondary, data provided by various organizations. The State of Florida Del:~anment of Children and Families formed the District 8 Homeless Coalition, of which Collier County is a member. The Coalition consists of approximately 200 organizations, meets quarterly, and provides a forum for discussing ~nd identifying the needs of the homeless. [t a/so conducts an annual community needs assessment and includes the outcomes in the ,4nnual Ret~ort to the C'overntnent and Legtslature on Homeless Conditions in Florida. Collier County's Continuum of Care will become pm of this Coalifion's repository of homeless issues for District 8. The Hungry and Homeless Coalition of Collier County, with other concerned orga~'.ations, is a group of social service agencies who are actively committed to the coordination and improvement ofservices to the hungry and homeless in Collier County. Its Mis~on is to strengthen the planning and delivery ofr~-ial services to the hungry and homeless. The agencies involved in the Coalition provide emergency shelter, traditional housing, employment training and placement, household items, food, clothing, and fmancisl assistance. To be a member of the Coalition, an agency must be an incorporated non-profit charitable organization with a mission of direct service to the hungry' and homeless. Agencies who join the Coalition are accountable and must he in good standing with funding sources for disbursement of funds. Membership provides voting privileges and eligibility for funding from the Fillabe/ly Foundation and other groups that support the work ofthe Coalition. Associate Membership is for groups and individuals wino share in the Co~lition's M~ssion. Associate members may attend meetings, but have no vote and axe ineligible for funding from the Fillabelly Foundation and/or other related groups. There are four officers elected by the membership: chairperson, vice- chairperson, secretary and pas~ chairperson. The objectives of the Coalition include: Sh&ring ideas and resources to more effectively address issues concerning hunger and homelessness; Sharing effective ~ys to increase the community's understanding and support for services to the hungry and homeless; Participating with civic and government groups in seeking solutions to the problems that generate hunger and homelessness; 1997 Continuum of Care for Homeleeo Peraons and F~.mille~ JUl 2 2 Pg Acting as a funding recipient for funding groups, such as the Fillabclly Foundation and the League Club orNapl~ who support the work ot'the Coalition; and Exploring new fimding sources. Member Aget~ies of The Coalition for the Hungry and Homeless are: Guadalupe Center. Br~d of Life Ministries, Coalition of Florida Farmworken (COl:TO), Shelter for Abused Women, The Salvation Army, Guadalupe Social Services, St. Matthew's House, Immokalee Neighborhood Services, Family Resource Center, St. Vincent DePaul Society, and Immokalee Friendship House. Associate Members are: The Harry Chapin Food Bank, Professional Givers Anonymous, Catholic Social Services, Collier Harvest, First Assembly of God Center, David Lawrence Mental Health Center, The Collier County United Way Agencies include; American Red Cross, Big Brothers, Big Sisters, Boy Scouts, Girl Scouts, Catholic Charities, Epilepsy Services, Fun Time Nursexy, Immokalee Child Care C(mter, Immokalee Friendship House, Literacy Volunteers, Mental Health Association, Project Help, Shelter for Abused Women, TECH of Collier County, YMCA of Marco Island, and Redlands Christian Migrant Association. Planning Sessions and Meetings Held to Date To begin developing the (.'ontomum of Care, The Salvation Army invited direct service providers, private foundations, community based organizations, local government representatives, ex- homeless persons, and otb. ir interested parties in Collier County and the City of Naples to a grassroots, community-wide meeting on Friday, June 27, 1997. A Foots Group was held with the approximately 40 persons in attendance to identify homeless populations inadequately served; unmet needs of the homeless, and to develop a long-range community plan to meet the inadequately served populations and their needs. A second meeting was held on Wednesday, July 9, 1997 at The Salvation Army to review a draft ofthe Contimmm of Care, make amendments, and approve the Continmtm of Care as a working document to be used as a tool and the voice of the community. Many srm~ll group planning sessions were held to develop the Contimtum of Care and enhance commun/.ty awareness of the process. To date, the Immokalee Social Service Alliance has also made Continuum of Care presentations as follows: Continuum of Care concept discussed with The Coalition for the Hungry and Homeless, on Tuesday May 6, 1997. Contiratum of Care c, onc. ept presented to The United Way Agencies on May 20, 1997. The Collier County United Way Agencies meet Bi-monthly. Continuum of Care concept discussed at The Immokalee Interagency Council on June 10, 1997. The Immokalee Interagency Council meets monthly. Members of the Immokalee Social Service Alliance attended and participated in the all Continuum of Care meetings hosted by The Salvation Army. 1997 Continuum of Cant for Homeless Perao~ and. Families l0 Agenda~ No JUL 2 2 * Presentation ofThe lmmokalee Social Service Alliance Co/tti/ttttlm of Care to the community on July 9. 1997. with the decision to include the lmmokalee Co,fi,~l,m of Care into the broad fi'amework of Collier County's Co,tint,~m of Care for t!omelcs, t Perso,s a/w/Families. In this manner, the jurisdiction will work as a whole to address the needs of the homt'.less, yet recognize that not all areas within the County are the same. On July 22. 1997, the Ca~tinuum of Care was presented o the Collier County Board of County Commissioners. recomm=.nding its tpproval for submission to HUD. and enabling local home:ess social services and housing providers to apply for federal funding. Future Meetings Planned The Hungry and Homeles:~ Coalition meets the second Tuesday of every month. At the September 1997 meeting the Continuum of Care will be presented to the Coalition, describing the commitment to consistently work on the plan's development throughout the year to expedite annual updates and submission to HUD for competitive SlIP resources. The following items will be addressed at these meetings: new problems, resources/leveraging, networking, coordination. and planning for updates and submissions for supplemental resources. The Hungry and Homeless Coalition is committed to enhancing and working on the Continuum of Care at the following tentatively scheduled meetings: September 9, 1997, February 10. 1998. May 12, 1998 and Augu~ 11, 1998. These meetings will be hosted by various social services agencies and/or local busin~m~z, encouraging coordination and networking. The development of a computerized database o£resources available and a tracking system of homeless persons and families, and supportive services, will be discussed. Once implemented, a local resource guide will be published. 3. CONTINUUM OF CARE SYSTEM CURRENTLY UNDER DEVELOPMENT Strategy or ~sion to Combat Homelessness The group is committed to ks Continuum of Care. During FY 1998, it will develop a I4$'/on of the homeless situation in Collier County in the Year 2007, work with business enterprises to attract better paying jobs into Collier County, become more full-service oriented, have annual Quarterly Meetings; and dewdop a Mission Statement. Xncluaion oflmmokalee, a Unique Housing, Economic, Employment and Community Redevelopment Area As 44.8% oflmmokalee's population exist below the federal poverty guidelines, the Immokalee social service community is adept at respondin8 to crises. However, this community is faced ~1997 Continuum of Core for Hon-~less Persona and Familles 11 with securing adequate, ongoing, day-to-day funding; and resources to pro,Ade and implement long-range socio-economic solutions to homelessness. The [mmokalcc Social Service Alliance is enhancing in~eragency collaboration, streamlining sezx, ices, and avoiding duplication of senn, ices by providing interagency intensive case management sex%,ic~, increasing the involvement of organizations and local business that will improve the quality of life fi)r the homeless, and offering job coaching and placement oppormrdties. Table Three: Fundamental Components Currently in Place Outreach Intake [Emergency Shdter ~ Transitional Housinl Permanent Housing with Supportive Services Permanent HousinI The organizations participating in tl~is Continuum of Care are addressing these components and their associated issues. The specific areas addressed are: Outreach/Intake .4s~e.%wnent: Many groups have their own way of implementing outreach and intake assessment stratel0es and are making facilities av~lable to the homeless on either a temporary or long-term basis. The Hungry and Homeless Coalition is working toward a better level of communication and coordination in this area. Emergency Shelter: There are organizations providing emergency shelter for various subpopulations in Collier County. The Hungry and Homeless Coalition is working toward providing intensive case management for particularly problematic cases. Transitional Housing:. The Salvation Army provides the only housing facility of this type in Collier County. Supportive Services Only: Supportive services are provided by a variety of direct services providers, including ~I1 contributors to the development of this Continuum of Care. 1997Continuum of Care for Homeleas Peruotxs and Famllleo 12 JUL 2 Z Perma. ent Houxing. Perma.ent Housi.g with &tpportive Services: Permanent housing h~ been determined as anted in this community. Currently there are no adequate facilities of this type in Collier County. The following table provides a list of the organizafiora in Collier County that provide beds for the homeless. Table Four:. Homeless Housing l~oviden by Number of Bed- (:oilier County, Florida, 1997 Organization Number of Beds Sunlight Home 6 Section 811 Thompson Drive Shelter for Abused Women 20 Immokalee Friendship 40 Youth Haven 25 Assembly of God 26 SL Matthew 103 Maverick House 12 Wings 10 The Salvation Army 50 Total 310 1997 Co~lmaum of C, ara for Homele~ Per~nn ami Famlllea 13 Agenda JUL 2 2 Resources Already in Place in Collier Couuty 4. 5. 6. 7. 8. 9. Federal: $ ! $7,000 CDBG Entitlement/City of Napleat; State: State Housing Initiatives Pannership (SHIP) program - $1,000,000; Fresh Start,'Community Foundatlon: $20,000; Private: United Way of Collier County. FL; Communt~,-Based C)rgtmtxations: Churches; Domestic Violence Trust Fund/State; Victims Assistance Fund (VOCA); Donations; and Fund raising Resource~ Available, but Not in Collier County or the City of Naple~: County Funds: C~neral fund ~uppon Tourist taxea Futur~ CDBC--Collier Cou~j Urban Entitlemem Community Hospital HI'V/AIDS Kesoutces/Hons~g Opportunities for Persons with AIDS ('HOPWA) Affordable, emay accesdble lnternet connection How ClienU Come to Agemges Walk in, word on the strut, r~erral fi'om a Church, social service aga~y, or a concerned family member or Head. F'tterctn~. P,~erral through Veteran's ~on, H/V/AIDS. Referral through the Heal~ Depamnent, Mental lllne~- P,~erral through David Lawrence Center 3'atb~mce ~l/nt~ - P.e~rnl to AA Fc~nerb, lnc~rcer,~ed I~ - Ref~ ~ Depatmm~ of Con-ecti~ or Probation Ofl~ce Movement from one comporm~t to another occu~ thtongh ca.~ma,nag~ intecaSency coordination, and t~am processing. Collier County n~e~ 200,000 + in populati~ stat co~tin~ Naples and Everglades City ~o be an urban 1997 Continuum ofCm~ f~r lto~ies~ Persona and FamiHe~ 14 ~. /~',,, (~ JUL 2 2 ~9~ ~,g.. ~.t. Components Community i:t Working Towards The group identified the following homeless populations as inadequately served in Collier County: single parents with childr,:n, single women, women in abusive situations with cl~ldren` Hispanics (in an area [acklng cultural diversity), persons with special needs/disabilities, teens 10-18 year olds (who have no place to go, whose parents are in ja~l, and/or who suffer conflict and abusive situations), chemicaily dependent men (there is presently no Detoxification Center in Collier County), single men with children, farrnworkers/migrants, crisis pregnancy, and newly rel~ inmates fi.om ja~l. Collier County phased out a prtwious program that provided funding for area not-for-profit agencies two budget years ago. This Contomum of Cm'e recognizes that policy decision, and also recognizes the coordinated efforts to construct a new homeless emergency shelter facility between the Collier County Sheriffs I~partment, Collier County, the First Assembly of God Church and federal Emergency Shelter G~,mt (ESG) funds. This Contirmum of C~re also recognizes the soon-to-be constructed detox~cationfacility by the David Lawrence Center, a mental health provider, slated to receive $1(~0,000 in its first year as operating start up support bom Collier County. The group prioritized the five most unserved groups of homeless as follows: 2. 3. 4. S. Single parents with children; Teens; Disabled persons; Chemically dependent singles and those with children; and Abused persons. The group identified the lack of the following supportive services as unmet needs of poorly served homeless persons: legal services; affordable counseling/psychotherapy, detoxification clinics, public transportation, job retraining and links between providers and employers in Collier County to provide decent paying jobs; adequate healthcare; adequate childcare, affordable housing: awareness, education and outr~tch, a homeless hot line, and a centralized computer tracking system. The Group Prioritized the Five Most Significant Gaps as Follow~: 2. 3. 4, 5. Adequate low income housing. Adequate transportation. Adeq,zate health care. Adeq.ate employment opportunitie~ Adequate supports system for the employed, such as day-care, etc. 1997 Continuum of Care for Homeless Pcrsoru and Fartdlles 15 Agenda. I~o.~ JUL 2 ~ Thc t'ollowing areas in Coili~' County were identified as places needing beds for the homeless, but where none are presently available: 2. 3. 4. :5. North Naples (Naples Park Axea) Planning Community Marco/C. voodland-Everglades City Golden Gate South Naples City or'Naples The chronically homeless are the most visible of the following three groups who are not in families, and remain homeless due to lack of adequate services and long waiting lists. Episodically and situationally homeless represent abused women and migrant populations most. The focus group ranked the needs of'types of homeless populations in the community as follows: Situationally Homeless - HIGH Episodically Homeless - Medium Chronically Homeless - Low The group cited the following demographic trends which may have an effect on the homeless: o Welfai~ Reform will create more needs among lower income populations; Lack oflocal detoxification clinic forces aga'~es to re'~ clients to other counti, es; The tx~pulation of Collier County is expected to double early in the next Possible loss of Section 8 vouchers/certificates; The in[lux ofimmilplntS, NAFTA, fanning, and local weather conditions: Currerdy only 4 packing houses out or'40 still exist; The d,,anging char~er of farmworkers; and The dinging political attitudes towards immigrants. The group ranked each type of housing by category:. 2. 3. 4. 5. Transitional Housing: Emergency Sheltm Permanent Housing: Pennal~mt Supportive Housing: Safe Havens: 19~7 Continuum of Care for ltomeles$ l~e~oorm ami Families 16 Barrie~-s to housing for homeless popuhfions include inadequate length of stay timeframes, restrictive eligibility criteria, and having to send clients to Ft. Myers, Florid· for detoxification, HIWAIDS usistance~ and OASIS for youlh. FY 1998 Action Steps: !. Coordinate with the Hungry and Homeless Coalition. 2. Coordinate with Collier County in its ell'ohs to qualify ~ · CDBG entitlement area. 3. Develop · computerized tracking system and d·t·base. 4. Enhance interagency coordination and networking. Streamline homeless services and ·void duplication Collaborate with The Salvation Army to enlumce the Transitional Living F·cility, and to further develop and implement the Collier County Con#rntum of Care. 4. GAPS AND PRIORITIES Information fi.om the City of N·ples' Consolidated Plan ~ used to fill out the Gaps Analysis T·ble. Additionally, all of the member and most of the associ·te agencies of the Hungry and Homeless Coalition and supporting organizations from Collier County were cont·cted, requesting them to complete and return a Gaps Analysis table. Many of those requested to ~11 out · table were present at both the Ju~.e 27 and ,l'uly 9, 1997 Cont/mntra of Care meetings. Completed tables were collected at thor~e meetings or through the truu'l and/or F~uc. fi.completing the table was ambiguous, technical a~sistance was provided to each ·gency to ensure the data wis properly A Gaps Analysis table w~l be developed and updated on · yearly basis to ensure that the needs of' the homeless are current. It is an integral part of'the Contlmmm o. fCar~ and is used to substantiate the priorities identified at the Focus Croup conducted on Sune 27, 1997. The table will also provide an evaluation tool of'programs and projects developed and implemented to · ddress the needs of the honeless and to measure their success and continuation. 1997 Continuum of Care: for Homeless Pm-sos~ ami Famllle~l 17 Agenda, JUl. 2 Z Lq~'~ 1990 1995 1996 1996 1996 Bureau ot'Census Statistica Collier County's HUD Consolidated Plan Coll~et County/Ch~! ofNaplts Comprehen~ve Plan-Housing Element Universky of Florida Bureau of Economic and Bus, ness Research (BEBR) Report Barry University Daily Homeless Formula Seventh Annual Report to the Oove~Tn'n~t and Le~s~ature on Hornel¢~ Corgi;ions Florf~b. State of Florida Department of Children and Fan, lies Shimberg Cente~' Housing Inventory Per.om and hndlJes ! 8 Ag~nd~ ~Xtq ~ JUl. 2 ~ ~7 EXECUTIVE SUMMARY RECOMMENDATION THAT THE BOARD OF COUNTY COMMISSIONERS ADOPT , RF. SOLUTION TO AMEND THE COLLIER COUNTY PARKS AND RECREATIOi FACILITIES LICENSE AND FEE POLICY AI~'D SUPERSEDING COUNTY RESOL~O: NOS,96~4, 96467 AND 96-554 Objecth, e: To have the B~nrd of County Commissioners adopt the attached Resolution to amend ti County's Parks and Recreation License and Fee Policy and superseding Collier County Re.solutions Nc 96-.3~, 96-467 and 96-556. Considerations: Thc Boitrd of County Commissioners previously adopted Resolution No 96-3~ establishing a County l~)li,¢y to m~tximizc utilization of user fees and / or concession revenues partially offset thc operating cost of Parks and Recreation programs. The Board has also adopt, subsequent Resolutions ~garding fees and charges for programs and facility use. This Resolution clarifies several definitions, m_skcs format changes and amends some fcc structures f facilitics and programs. The changes include new a five dollar ($5.00) per hour fee for all tax exempt not-for-profit grou utilizing the park facilities. Previously thc.sc groups ~ fee exempt. All Category I users will pay t five dollar ($5.00) per hour i'cc unie.~ engaged in fund raising activities. Other changes ar~ as follow3: Collier County Parks and Recreation CO-sponsored lcasues will chart from eight dollar~ ($$.00) p~r player to seventy cents ~.70) Ix=r r~istered player per week including; star and playoff schedules. Organizations operating concessions at park locations will be charged three dollars ($3.00) l~r hour ti.se. A combination Fitness/Pool Pass is recommended at a cost of $200 per person and $100 each additio~ family member up to 24 years of age. The~e is a r,xommcnded ~ge in the corporate discounts. The change is as follows: the number employees registered as rr~nbers of the Fitness C~ter will det~ine the discount An amcndmcnt has becn madc to tho tennis court fees at the Collier County Racquct Ccntcr changi thc fee to $12.00 per court p~' hour versus $6.00 per person po' hour end onc half. The admission fees at the knmokalee Sports Complex swimming complex have changed to: Entrance fc~ Under 3v~ Youth 3-17 ~dull Senior 60+ Fr~ $1.00 $1.50 $I.00 N/A I Ag*nd' Pass fees(3monRts) 35.00 55.00 35.00 90.00 Annual 50.00 75.00 50.00 210.00 The fee for fund rinsing activities is $20.00 per hour in addition to the ho~ly rote of the facility. There ;c a recommended c2mnge in the touraament fee clmrges ~s follows: Category I groups will Ira: fee of $10.00 per hour lbr daytime us~ ~ $15.00 per hour for night use. Category II groups will clmrged $15.00 per hour daytime use ~ $20.00 per hour fo, r night use. Flsenl Impact: Reven~c from this fee schedule has been budgeted within funds 001, 111, and 130 ~ 1997/98 fiscal y~ar. Growth Management: None. Reeommendaflou: Th~ ~ Bonrd of County Commissioners approve the attached Resolution for t Paxks s~l Recre~on License and Rentnl policy. Murdo Smirk, Recr~fion M~mgex Department of Pm'ks and Reenmtion Approved by: Matta Ramscy, D'~ctor / Departm~ of Parks and Rca'cation Date: 7 "//- ~ ~t_ Reviewed and / Thomas W. Olliff, A~ Division of Public Servic%~ Datc:. "?.% [. ~ JUL 2 2 19S7 COLLIER COUNTY PARKS AND RECREATION DEPARI~IENT FACILITII~ AND OUTDOOR AREA~ LICENSE AND FEE POL!C~ The purpose of this policy is to ensure maximum use of facilities, outdoor areas and programs in Collier County and provide equitable fees and charges collected from users of such facilities, outdoor areas or programs. The Parks and Recre~tion Director, or designee, may waiv~ enforcement or application of any of these regulatiozm or restrictions with respect to any facility, outdoor areas, or program provided such waiver does not interfere with public safety or enjoyment. No fees may be waived, ~_-d_ L': ~-..;:!:.~ !!! ~) (I), No non-government entity shall charge an admission fee to any out of do~rs event includin~ AQuatic F~cilities. The Board of County Commissioners shall set fees and charges for all facilities and programs. Consistent with Collier County's policy of ensuring all citizens equal opportunity lo participate in programs, any resident requesting SlX'Cial consideration must substantiate to the Parks and Recreation Director proof of financial need. All information provided is not confidential but will I~. used only for the purpose of establishing reduced or waived program fees. l~s can be modified on a case by case basis ifavoroved by thc Dir~clor of Parks and Recreation for s'tx'ci~ ~romotional sales and adv~isemen~s~ IlL CLASSIFICATIONg A. Facility License D~:Snitions ired Ug:s Outdoor ~: Open spac~ or land owned or leased by the Parks and Reer~ation Department Such outdoor areas shall include., but not limited to, sports fields, playgrounds,.twilliltliqg. Rools and/or other park and recreation land ar~% excluding Golden Gate Community Center. (As to Golden Gale Community C~.nter, refer to Se~ion M, 0 herdn). Outdoor areas shall be used for those purposes designated or implicit in their character. Any d~-wiation from normal appropriate use shall require express prior permission from the Parks and Recreation Director or designee. Facilities: Buildings and dwdlings owned or leased by th~ Pa.dcs and Recmsfion Department Such f~ifffi~ ~l~g ~ ~ mt ~ct~ ~, ~~ ~ ~ ~d ~ ~~ ~ ~lio~ ~elt~, ~ o~ ~ 1~ in ~e P~ ~d R~6on ~ ~cl~ ~ ~lden Oa~ ~~ Cent. (~ ~ ~Id~ G~ ~~ ~, gf~ ~ S~on M ~, ~n). Facilities ~1 ~: ~ for ~g p~ d~i~t~ or ~plicit ~ Agenda. I4ut 2 ! ~P~': Any deviation from these intended normal uses shall require express prior permission from the Parks and Recreation Director, or Designee. ~ Recreation activities conducted on land or in facilities owned or leased by Collier Count),. Such activities include, but are not restricted to, athletic, clinics, instructional, interpretative, seminars - preschool, youth, adult, senior and special populations. An), deviation from these intended normal uses shall require express permission from the Parks and Recremtion Director, or designee. V_~~ Parking lots at Collier County beach parks and access. To include, but not limited to, the following: Tigertail Beach, Barefoot Beach Access, Barefoot Beach Park, Clam Pass Park, Vandcrbilt Beach, Gulfshore Access, and South Marco Beach Access. V~_~'u-kin~ Fces~ Parking lots at Collier County or, meal and operated boat launch facilities to inch,de, but not limited to, Bayview Park, Cocohatchee River Park, Caxambas Park. B. ~ ~ APPLICABLE TO ALL INDOOR AND OUTDOOR AREA~; v 'i ot subiect to fees. All other facility users shah have their fee~ te ' t of the entity. The two categories are: 2 JUL 2 2 1997 1. - '' ' d 't' - u ' B. ' ! 'i Agenda NO.~ II t22m7 ~r:~lofit Grottos, - $$,00 ocr hour license £~ ~ tax exemot status, which am not-for-orofit co _r~mlions., omaniz~tions or other not-for-orofit entities that am of Collier County origin, have their orinci_~d location in Collier County. at least fifty oement f50%'1 o£ the membershio az~ residents of Collier County with a ~rimarv ~umose to orovide services to othem or to _orotect interests outside of the £rouo. such as the environment endamzered animals, disadvantalzed ~a'sons. or some other similar external The _orimarv fi~us of these ~rou_os is outward Iookiniz and away lmm the interests of the _~rou~'s members. D, Other Local Not-For-Profit Grouos - $5.00 per hour license fee Those entities, i~iv~ of'tax exemot status, which a~ not-for-orofit comoration~ omanizations or other not for orofit entities that m'~ of Collier County orion, haw' their orinci_nal h~atlon in Collier County. at least fifty net omt f50%1 of the mcmbershio amre r~sidents o£Collier County. but the ~oun's orimarv ounx)se is not _orovide soci:~Liendces to individuals who am not I~na fide members of' thc m'o~m or is not to orotect interests outside of the m'ou_o, This cate£orv includes oma-nv owners' assq~tions. ~litical erouos` and all other special interest oriented clubs such as hobbyists' clubs, chess clubs, radio clubs, hunters and fishermen clubs, stamo coin. and ot~er collectors' clubs: £arden clubs, car clubs, and all other similar clubs ~rouos or omanizations. Thc orimarv focus of these ~,rouos is inward toward E. ~ Fund r.~a[sin~ a,s, ctivities Each C. at~orv I individual, re'nun, organization or entity involv~l in any fund raisin, activity taus1 nay full fees. Fund raisin~ activities inclq~¢; I. Charging in advance for an admission ticket or requiring any tangible thing of value for admission to, or to participate in, any activity at any County parks facility, or, 2. Requiring any donation of money or any other tangible thing of monetary value, or, 3. Selling or hart~ any tangible thing of monetary value Fund raisins activities do not include: 1. Season sign up fees for persons to join league as a team member or team participant, or. JUL 2 2 I~cj ~[~.=g~e of educ~ona] materials for use as s~udy materials £or students attending class conducted at the park facility. Such sales must be at or below t~e selle~'s act~l A. Each individual, group, organization or entity that is not within Category I. IV. ~. (All fees ar~ exclusive of.sales taxes). Facility Type ,MI Indoor Facilities Type of Usage General - Ag Outdoor Facilities & Pavilions General Rate Per Hour 1. FACILITY RATES (Excluding Special Fecilitice i.e.. Swimming Pools etc.) ~acillty Type Area in Sq. Ft. Base Hourly Fee Deposit Required Indoor Under 1500 $25.00 $ 30.00 Indoor 1500 - 3000 45.00 50.00 Indoor 3000 & Over 60.00 70.00 Outdoor Outdoor Football/Soccer/Softball/Baseball 45.00 50.00 Little Leagu~ports Pavilion/ Bar&ctball/Racquetball/Volle~ ball 44Mg~ Teamls Court I ZOO Deacrfptfou Re~tal during non-business hours (hours that arc not norm~d departmental operation) Additional Fee Per Hour $20.00 Additional non-~:uri~ ~taffmembcr~ Light fe~ (wficm not ~3ecifi~ Additional security staffm~ Special requests or a&litional clcan up D. ~-----" 6 Pcr hour fca dctcrmincd by dcpamncnt, ~ on cost I JUL 2 2 <J7 Beach and boat parking facilities, including but noi limited to, Barefoot Beach Park, Barefoot Beach Access, Vanderbilt Beach Park, Clam Pass Park, Gulf Shore Access, Tigcrta[l Beach, South Marco Beach Access, Cocohstchce, Bayview Park, and Caxambas Park have a fee, inclusive ofsales tax, at a rate of $3.00 per day. Collier County residents with beach parking permits will be exempt from the $3.00 per day Collier County residents may obtain a beach parking permit at no charge. Vehicles with permits will not be charged a fcc. Boat vehicle parking permits may be purchased by ail residents or visitors for an annual Ice of $60.00. Permits arc available at ail Collier County Parks and Rccrcation community centers. ~ooth/Location in coniunction with Rental A $25.00 fee per day or 20% of gross revenues per day, whichever is greater, for each concession booth or location. Concessionaires contracted by the County to serve the general public will pay a negotiated fee in lieu of the general facility use fce schedule. ~s o~ratimz concessions for leaeucs will b~ chareed $3.00 per hol', 1. Marketing fee of $$.00 included in, but not limited to, the following, instructional classes meeting more than once, special instructional programs, After School Camps, County Athletic Leagues. 2. Pa), per class programs, ga m~4 pay a marketing fee of$1.00 per visit pet i. Programs Fee Assessm~t: per hour or per participant basis. 2 .Non-Stafflnstmctor. marketing fees and any costs for supplies and equipment will be subtracted from the class fce and the balance of the fiinds will be split between the non-staffins~ctor and the County on a 7~.; (non-staffinstructor). 30% (County) basis. 7 Agenda 'l.t eq~ .fill 2 2 I,q97 Program Minimum Reghtr~tiou Fee per Participant per League Play Adult $25,00 Youuh 28.00 2..~.olli~Cotmw Parks md Recreation Fees applicable to Category I users only League Type Fee Per Participant Per League Play/Per Season Adult $28,00 Youth $~,09 $,70c ocr r~iister~d youth ~er week of league Itlav i"includcs olay offs or all-s'~ olay) Description Fee Non-Refimd~ble Deposit OR Cancellalion F~ S25.00 Minimum o~mdl f~ per day ~l..C.~t~tl~t__ Ii _~roum will b~ chamefl JUl. 8 I. ~! (fees exclusiv~ of sales Ad4d4/~m~ Tennis S&giW4,~ho~ $12.00 _~-r cg~iB _tx'r hour Indoor R~cquetball 6,00/1.$ hour per person Lights - f.00/l.,e he':.: 3.00 t,:r hour Annual Permit F~..s (fees excl~iv~ of ~es tax) Annual Permit, Junior ' 50.00 Annual Permit, Adult 175.00 Annual Permit, Couple 250.00 Annual Permit, Family 325.00 · Permits sold to Collier Count7 r~sidents ordy Equipment Rental (fees exclusiv~ of sales tax) Racquets $ 2.00/1.5 hour Ball Hopper 2.00/1.5 hour Ball Machine 8.00/I.$ hou~ Room Rental - Based on County Fee Policy Insmgtiou Fees (fees exclusiv~ ofsal~s tax) Private (1 hour) Private ( ½ hour) Adult Group Jr. Tennis Class $40.00 25.00 40.O0/pa~cipant 40.O0/pardcipant *Insu'uctional fees include a $5.00 marketing fee. 5. Programs and Special Events Fees determined by formula: minimum 10% ovc~ cost Retail Salem Feem Retail sales items mtandatdly marked up 50%-100~ depending on local mazket prices and industry sumdazds. The minimum mark up ia $0% and the maximum mark up is 175%. Merchandise in inventory mom than tw~ yt~rs or damaged merchandis~ may b~ priced below thc minimum 50% mazl~ up, 9 J. ~-.~[~Tsitli~Aouatlc Facilities. Nanles and In~_;ls~ll~. Evcpton¢ ~avs auualk 1. ~ (includes sales tax) Under 3 yrs Youth 0-17 yrs) Adult Senior (60+yrs) Naples Free $2.00 $2.50 $2.00 2. ~(exclusi,~ ofsales tax) Typ~ Youth Adult Senior Family Naples 3 month $40.00 $60.00 $40.00 100.00 ~ 3s.0~ ~ 3s.0q 90.00 Naples Annual 60.00 80.00 60.00 225.00 Children's ½ hour classes Children's F, hour classes $35.00/paniclpant 40.00/participant Adult g hour classes 40.00/participant *Instructional fees include a $5.00 marketing f~ 4. ~t (exclusiv~ ofsaies tax) Each pool includes one staff member. Additional staff: $10.O0/hour per lifeguard. ½ Main Pool Entire Main Pool Slide Activity Pool $30.00/hour $60.00/hour $30.00/hour $30.00/hour Public Schools are fee exempt, however they are required to pay $10.00/hour per lifeguard or instructor, ifnot during regular operating hours. K.~.' . ee 1. ~ (exclusiv~ ofsales tax) Daily Walk in fee $4.00 2. ~ (~clusiv~ ofsaies tax) Month 3 Months Annual 3S.00 70.00 160.00 10 (Additional immediate family members $75.00 each additional annual JUt 2 2 P~~ L..~lll]~ll~il~!L~I/Fitness Annual Pass Co _r!x~ra~e Discount ~lditlonal family memb~ Ctm to 24 M,_~,unt on Annual Pass~ Discount do~ not apply to additional family members Based on employee participation. N..~ummer Camt~s and After School Pro~n?,rns Summer Camps Naples/Marco First child $400.00 Additional child (same household) 350.00 3 Week session only 175.00 ' ~ttlltll!~Comv has no marketir~ fee, After School Camps N~ples/Marco $760.0Q 1 Day Camp 15.00 Easter Camp. per wvek 55.00 ChrisUnas Camp. per week 55.00 I mmokal~./~.~ 250.00 125.00 lmmoiotlee 15.00 40.00 40.00 Holiday C. amta and After School Programs include a $5.00 marketing fcc. I ]] JUL221997 !. Golden Gate Tsxing District Boundaries: West Bounc~u-y: Sant~ B~ Blvd. To Logan Blvd. To 1" Ave. SS East Boundary: Canal I mile easl ofCounty Ro~ 951 North Boundary: 1" Av~. SW over 951 Bird and White Blvd lo the canal located 1 mile east of County Road 951 Soufl~ Boundary: Palm Springs subdivision and Radio Road to Santa Barbara · Organizations in classes I, II, III, or IV declaring themselves ss dis~c! must show proofofat lea.st $0% mem~rship within the taxing districL Class I: Charitable., Not-For-Profit organizations Class II: Not-For-Profit organizations Class III: Civic or Governmental organizations Class IV: Commercial or For-Profit organizations and any olher c, rouv or individual Auditorium: S200.00 All Other Rooms: $0.00 A. Rooms A,B,C,D, Annex 1,2 and 3 Category Golden Gate Taxing Dtstrtct Class I Clsss 2 No No charge No ~arge $6.00/hour Class 3 Class 4 12 Outside of Taxing District No charge Fee approved by Community Center Advisory Board No close $12.00/hour B. Auditorium CateKory Golden Gate Taxing District Classes I & 3 No charge Class 2 Fee approved by Community Center Advisor), Boazd Class 4 $20.O0/hour until lO:O0 pm $40.O0/hour after 10:00 pm Outside of Taxing District No charge F~ approved by Community Center Advisory Board $60.(X)/hour until 10:00 pm $80.O0/hour after I 0:00 pm C. Gymnasium - Fees Governed by the Parks and Recreation License Policy Category C-enera! Fee Class I Fund Raising Class 2 Fund Raising $30.00 ~r hour any size $20.00 added lo hourly rate $60.O0/hour any size. S20.00 added to hourly rate abgy< Classes III, IV and ~ will be required to pay sales tax. These prov~siom apply For any event where alcoholic beverages will be available. No alcohol may be made available without a valid Certificate of Insurance on file at the Golden Gate Community Center. I. User categories Class I and Clus II, as pt~ously defined in ~ O(2), the user must pry. sent a General Liability Policy for the date of use which specifically 13 Agenda lt, e~m ' #o.~1 JUL 2 2 LgS7 includes contractual liability and host liquor liability in an amount not k-sa than five hundred thousand dollars ($$¢ L000) at least four (4) weeks prior to the event. As determined by the County Risk Management Director. in the event ofahove average exposure five hundred thousand ($500,000) liability coverage shall be required. In the event ofunusual or high exposure one million dollar ($ !,000,000) liability r~all be required. In the event any user intends to sell alcoholic'beverages, they will be required to meet all State requirements regarding the sale of alcohol and obtain ali required pen'nits. Copies o£said l:~a-mits shall be filed with the Center Supervisor. The Center Supervisor shall contact Collier County Department of Risk Management for insurance requirements. c. I. It is the responsibility ofthe user that no alcoholic beverage shall be allowed outside assigned m~eting room(s) auditorium. 2. The user is responsible lo ascertain that no alcoholic beverage shall be served to any persen und~ the age of 21. 3. The user shall be responsible for the behavior ofany parties with the user's group. 4. The user sl~ail be responsible to asaxtre that no alcoholic beverages are servtd during the last thitly (30) minutes of user's scheduled event. 5. The user will be responsible for supplying a Certificate of Insurance at least fora' (4) weeks prior to scheduled event (s~e insurance Provisions). 6. The user will be re~onsible to comply with Flor~da Statute, Chapter $62. 7. The user must abide by all other operational policies and procedures of the Golden Gate Community Center. Any violation can result in termination oftha evenL 14 L 2 2 1S 7 I $ ? I0 ~2 Z? ~9 24 25 3O 31 32 3g 39 Ii' "'"'"'"'"'"'~OLI-/T1ON NO. 97._._._... RESOLUTION AME:NDIJ, I(3 Tlll~ COLL! ,F..R COL/NT~ PARKS AND RI~CR .~A'I'ION DGPARTMI~'NT FACILITI .F~ AND OUTDOOR AI~, ,1~,-~ LICb'NSB AND FILL,' POLICY; ALSO RF. Pr. ALINO COL. LIF..R COUNTY RESOLUTIONS NOS. 96-364, 96467 AND WI-IEP,~F. AS, Iht Board of County Com,n|uioner~ on August 13, Igg~ Idopled Re~lullon No, 96-364 end ~Imreby adopled II~ Collier Counly Parkll and Reereello~ OeTm~me~l FKililiel end Ouldoor License Fee Policy .nd WFIE~R .~,S, Ihe Board or O~lobet I$, 1~)6, adopled Reloluflon No~ 96.467 end an Dt~mber 3, ! eJe)6, adopled Resolufio,, 96-556 Io amend vario~ peril orllm policy and \VIIr'REAS, lira Board or County Commlsstonerj find~ that lira adopUoel or aUaclmd (l~rlhcr revi~..d) P~lrkl nnd Recr~,li~m Facilillcs I.k'.~ Fe~ I~olic), integer er tl~e citizens of Collier Counly, NO'g,', THEREFORF., BE: IT R '"""""""""""""""""E~OLVED B'V TIlE BOARD OF COUNTY COMNIISSIONERS OF COLLIItR COUNTy, FLORIDA SECTION ONE: Tl~e Perk~ mu! Recreation Facilities License end Fee Policy atl~cbed u 'Exhibit "A" is hereby adopled. · ~F. CTION T~VO: The Liccn.,m and Ag~emcnl Form atlached ~ hca:by apl,~o vcd. ~GC'I'ION 'I'IIRGG: 'llm SIm',dnrd I;unn Cohesion Agm,,m~cnl e:laelmd aa Exhibit "C" Js hertby adopted. SECTION FOUR: Re~oh,tlon~ Nos. 96-364, ~6467 and 9(~-$$6 are repealed ,nd luperseded by Ihill Relolulion. This Re,oh,lion adopted allot mollon, lecond and majority vole I'avorln~ ume. DWlGIIT F.. BROCK, Clerk COLLIER COL,I'NTY. FLORIDA Timolhy L,. Hancock, Chairman APlX'ovod ~ lo form end legal sulTlclency: Tho~n,l C. Palmer -- /L~tanl Counly AIIortle~ BOARD OF COUNTY COMMISSIONERS I JUL221997 J ~cilitT/ou~oor Ar,u, (s}: Specific Area(s) ~c~uesUU: Da~ of Ose:___%___~___ Purpose o~ Usa: o - 1,$oo sq. Pc. 3,0o0 + ..~9'. ~. 1,500 - 2,~J99 Sq. }"C. ~ aesignee, ar delx:eit adequate c~rditic~ as all ~ u~//e u~ ~'ac//ictes and cut:door araas. rb~:o00920 Agenda l.t eq~" No JUL 2 2 1997 COLLIER COUNTY PARKS AND RECREATION STANDARD CONCESSION AGREEMENT FORM i. All organizations must have an approved league schedule and sign a Facility Use Permit from the Departraent of Parks and Recreation. 2. Concessions are permitted to operate only during regular .'w. heduled league play. Any additional operation of the conceasion must be approved in advance by the Parks and Recreation Director of designee. 3. Organizations mtm obtain all Federal, State, and / or local health department permits, or any additional permits required to operate the conce~ion. These permits / licenses must be displayed at the concision. 4. Organizations may not sub-contract or otherwise delegate the operation of any concession to a third party without the approval ofthe Director o£Parks and Recreation. 5. Organizations shall each day police and clean any common area of debris and litter in connection with the operation of the conce~ion and must place debris and litter in the containers provided by the Parks and Recreation Department. 6. Whenever two or more organizations are scheduled for league play during the same season, each organization may operate their own concession stand, or may operate jointly or alternate seasons for years by agreement between the organizations. Each such agreement must be reviewed and approved by the Director of'Parks and Recreation. . 8. Organizations must have first aid kits available an site. 9. Organizations must ca.ny appropriate insurance and liability az required by the Collier County Risk Management Department Policies. 10. Organizations must submit a menu and price list of items to the County Pa-ks and Recreation Department for review and approval. Signature/Title Organization Collier County Parks and Recreation, Director or Designee JUL 2 2 I SUMMARY RECOMMENDATION TILAT 'IHE BOARD OF COUNTY COMMISSIONERS APPROVE A ~ USg LICENSE AGREEMENT BETWEEN COLLIER COUNTY AND OCTAGON ~SEQUENCE OF EIGltT~ INC. ~: Recommendation dm the Board ofCounty Commit~one~ approve a Limited Use License Agreem~ between Collier County ~.d Octagon Sequence ofRisht, Inc. ~~.0~: Octagon Sequence of Eight, Inc., herelna~er referred to u "Octagon", ~ts requested . t~e use of County-owned property located to the ~uthwesl of the Collier County Museum. Octagon will · condu~ an arts and cntRs show to bo held on December 6e and 7a, 19~7. The event will benefit Octagon's ~ rel~il~tation sanctua~/and learning center. Octason will obtain all necessary permits i~om the Collier County Permitting Department and provide the Real Property Manageme~t Department with a four hundred dolla~ (~00.00) ctsh bond to ensure adequate clean-up of tl~ subject property at the termination of the event. Octagon vail provide the appropriate insurance policies to the Collier County Risk Management Department prior to the event. The Agreement prolu'blts the sale a~d consumption of aJcoholic bevera8~ on the subject property. 'l'be Ofl~ce of the County Attorney, the Risk Manasement Department and Facilities Management Depamnent have reviewed the attachtd Limited Use License Agreement. ~,,~.~,~,~=O~: That the Board of County commlssionc~ approve the Limited Use License Asreement with Octagon Sequence of EishL Inc. and authorize its Chairman to execute same, PREPARED BY:~~~=:~_,~X~'. ~.,a~.dl~ DATE. ~V~chael K Do" -' --- - wting.-Real P~:rty S~tli~ Real P~operty Ma'nagem'ent-'~'e~--~'e~ PREP~ BY:~ DATE: s re or, REVIEWED BY:~ Leo E. ~ Jr., Admi~t, Support Services Div~ion DATE: ~./!~' I~7 LULA ~ LIMITED US£ LZCI:/~SE AGREBiENT LIMITED L~E LICI:NSE AGREEMENT BL"q%V£EH TIlE BOARD OF' COUNTY COMMISSIOHER~ COLLIER COUNTY, A POLITICAL SUBDIVISION OF TIlE STATE OF' FLORIDA AND OCTAGON SEQUENCE OF' EIGIIT, IHC., A NON-PROFIT FLORIDA CORPORATION, APPROVIN(~ T1.1£ USE OF COUNTY-OWN£D PROprRTY FOR Tilt PURPOSE OF AH ARTS AND CRAFTS SHOW. T'ds Limited Ule /=~¢eMe A~reement emered imo this day , 1997 by and betw,e~n the Board ot' Coumy'Coem~isSi~'ner~ Collier County. wl~se mailing address I$ 3301 Eaxt Tam, mi Tml. Naples. Florlda 34112. h~:reinafler refined to as 'Do~rd'. aM Octagon Seqvence of Eil~t' lac. a ~1 ~a ~ral~ ~6 ~ ~, 1~7. M ~ ~ ~s ~ ~ ~a~ ~'~ ~'~h is to held NOW, ~~ ~ CO~IDE~ON OF ~ ~ COnNeCTS ~ ~ O~ V~UA~ CONSID~TION. ~E PARTIES AGREE AS FOLLOWS C~iet C~ ~ Com~ ~ I~ te I~ ~lh~sl o~ I~ Colli~ C~nty Mus~ ~ In ~ "A" ~h is arta~ a~ ~e a ~n ~, ~d~R~ ~en~ to as 2, ~ ap~l Of t~ u~ or t~ ~y ~ ~a~ ~ ~ ~m ~em~ 6' to h~m ~at~ ~th ~ldi~ o~ ~ ~ ~L ~h ~li~ ~ ~ng limit~ ~o trash co~i~ ~ ~p o~l~ ~, ~ ~ ~ ~ ~i~lt~ ~ ~ir~ ~o impro&e, repair. 4. ~a~n ~l~ ac~l~ any a~ a~ ~ts ~ui~d ~ Colli~ C~my ~ any mh~ Jn~mcntal u~ t~s U~t~ U~ ~ AI~' U~n ~aa~'s ~t~ ~ t~ Real ~y kl~8~ ~a~t ~ ~ ~h ~ ~y to ~ if~ ~y ~ cle~d up in ~i~ ml~ ~htiO~ ~ ~ui~s Of the U~I~ Stat~ of ~ State of ~o~L the t~mt~ ofthis A~t a~ ~a~ ~11 ~t ~ da~e ~u~ ~o the P~y by ~h ~th ~'s a~t~ or un o~ t~ ~, ~q~n ~n~r ~ to i~em~ Co,i~ C~n~ ~ t~ ~ o~ C~ C~~ oF ~ ~n~ ~ I~ ~ ~ ~ ~ ~l~in s~ ~ ~ ~t~ ~ ~ ~ ~ in an o~ dc~to~ of the Unit~ States Post O~e ~ il is ~[~ to t~ ~d~; uat~ a~ ~ It afl addRss citer ~y ~y ~x de~gnated ~tint u~ o~t~ ~ aM d~ ~ ~ ~ ~att ~ t~ ~y or c~atl I~ int~tst ~t~. ~o t~ air, I~g ~ ~ to a ~t~ ~ off ~ 16, ~s M~ ts ~ ~ ~ h ~ ~th t~ ~ o~t~ State I'N WITNESS W}'tEREOF, the p~mies her~o bare made and executed tMa Lira;ted U~ · ~t u ot'th~ day znd ),ext' f~'st .~ovu written, AS TO OCTAGON: I JU!221997 BOAILO OF C~UNTY COLLIER COL/NT~. FLOR. IDA BY:_ T~{O1'I'iY L. HANCOCK. C~4irm~ [lZl|O JUL 2 2 i I~l. L "~' _ EXECUTIV~ SUMMARY ' RI~COMMENDATION THAT TH~ BOARD OF COUNTY COMMISSIONER~ APPROVE AND ACCEPT A . ~ EAS~ LOCATi~ IN CONNER~J VANDERalLT BEACH ESTATI~, UNIT NO. 3, AS .~, ~i~' RBCORDED IN PLAT BOOK 3, PAOE $9. ~'~: T° aPPr°Ve and acccpt a Drab'a~ Eaacnent ~ b~ Cona~,s Vandcrbilt Bcach ~ Unit No. 3, ~ roccrdM b' Plat i~:qgc 3, Pago 89 which w~uld allow Co~licr County tho a~dJorky to instai! afld ~n ~ ~: l~anat~tt~)pruv~adoqua~e~agetbr ' ~ Vande~oilt Beach Estates", the T~ Services the di~ ofrain~l runoffto t~ trna platted as D~partm~ hu ~aed ~m m inmfl unckrgn:a~ m moccss~ in rccciviflg one (l)Dmhagc Eascmcrst by demti~ (sc~ attached). The rcmaining camnmt will no Ioflgcr thc Cemy At~orncy's O~ce and the Tr~po~tiofl Scrvian lX-partm~. ~~-AS~: Recording co~ in tho amount of $45.00 will bc paid fh~n account 101-16~610-649030. ~ Jo ~ruc~ nd : '-'-'---- ~ DlrectorTrlm DATE:~ David F. Bobanick, Interim Transportation , aportatkm Servtcea Deparlm~at Leo E. Ochs, Jr., ~~-'----- THXI L~SE~E~T, B~& ~nd entared into thX. ~;'~ ~lplea~ ~or~da, 33~13~ a. Grantor, and Co~Ler Coun:~. a l~al ~premen~a~Avoo~ au~emmors and asmAgna.) o~er valuable consideration ua hv e~. ~ .... ~_~S. ($10.00) and surfAo~ency o~ ~ As hereby ~cknovledged~ hereb~ ccnveys, gran~s, bi.ainu I~ se~s unto the Gran~ee, 4 ~o~-e~Ol~l~ve~ 1Loi~iI, I~d privilege ~o enter upon end ~o and maLn~a/fl drainage and u~/1L~M r~c/l/~e, off ~e desorlb~ llnda l~a~ed An CailLer County, Florida, ~o ~: lee attached ~xhLbLt "A" which La incorporated heruim by reference. Subject to easeaemta, restrictions, amd raaervatioma oS record. T~ hAV~ A~D ~ HO~ ~e sam m,~o the Grem~oe ~o~e~her ~ ~he rAgh~ ~o ember u~m said la~, place~ excavate, amd rerove ~er/al8 rot ~e pu~se o~ ~ns~ct/~, opera,Lng, amd Gran~ee a~ us~ for tiller or plural, is ~e con~exl requires. IN W~ESS ~r, ~e Grantor has ciused ~heae presents ~o exerted ~e da~e and. Fear rlrs~ ~ve written. I~l~.~r~ J, BRU£T ~.~ ~e ~o~ ~ain~ Eano~n~ vas ackn~l~god ldenttttcitton. "~ ~ Print ~flce of t~ C~Pt/Attor~/ ~1 lilt TI~IMI Trail bill, F1WI~ ~ (~2 EX#IEXT mAm Page 1 ~f 1 PIK)JECT PNtCit. NO, ._..._._._ PLAT BOOK 3, PAGE 09, ~JBI, Z¢ RECORDS OF COLLIER COUNTY, FLCRXDA ~ .... CANAl, -'~ N --LOT 31--- BLOCK S ECRET AVENUE EX~JTIV~ SUMMARY 'lO FORMALLY ACCElrl' CONSENT AND EMERGENCY AGENDA ITEMS AI'I'ROVED BY TIlE COUNTY AD~TOR DURING THE BOARD'S RECESS ~ Tim the Bo,xd of County Commhsioners formtlly ~ccept as approved items signed by the County Adminlstllttor during the Board'~ __r,~___~. ~ At the Commission meeting of June 24, 1997, the Board of County Commi~oners authorized the County Administrator to approve consent and emersency items during the Board's r~ce~ Jun~ 25 through July 21, 1997. IJst~ below is an ~ccounfing of the ~ttrns spproved: a) Recommendation to award Bid No. 97-2678 for the purchase of expendable medical supplies for the Emergency Medical Services Dcpaxtment. b) Reconunendation that tl~ Board approv~ an amendment to r~:ognizo Emergency Medical Scrvicea matching grant funds &warded for sofhvar~ tad htrdvn~ for EMI) quality assurance. 03 Reco~on to enhance th~ security of th~ Administration Bm'lding by installing card access in both elevators. To seek Board endorsement of th~ Collier County Sheriff's Offico final Categorical Assistan~ Progr~a Report on the United States Depanmem of Justice Church Arson Prevention Grtnt Program award. 0 Recommendation tl,at tl~ Board of County Commissionm approve the waiving of tipping for the clean up oftlm East lqa~es Tritely. 10 To obtain Board of'County Commissioners' approval ora budget amendment for purchaso and imXallation of equipment to connect tl~ Solid Wuto Dept. to ~ County comptaer netwo~ h) Budset ~ ~ l~:omra~mduion to dec. la~ ~,-owned property u surplus and ~ the offers for the sale of surplus A.IS Hudwa~e under Bid #S97-2664. r) Petition AV ~-030, Letand Dysart as a~mt for owner, Ma.-t~la at Pelican Bay, Inc. reque~ vacation ora portion ofttm Ih'aina~ easement recorded in O.IL Book 7~0, Page 1803 and O.R. Book 1419, Pa~ 234 ofthe pubik~ r~x~ds of Collier Comfy, Florida and shown on tl~ Pelican Bay Bend, Plat Book 28, Pqes 16 tl-,~oilsh 18, inclus~ of the public records of Collier Cctmty, Floddt ~on to appropriate revenues in excess of the bud~ for Isles of Capri Fire, Fund (144), trznst'er ftmds from reserves. Amend contract with the Marco Xsland C~amber of Commoce, Inc. to permit payment of inv~ Erom previously ap. proved contracts br~ forward to the i~97 contract and reduce the budllet by $46,752.51 fbr payments made ~ the I~96 contract, Tou~st Development Category B ~nds. To request approval ~ the Board of County Co~ to tran~er f~nds fYom 301 reserves to the 800 I~ l~)je~t budset in order to ~und · requ(~t for 8001~ ra~ ~m the Office oftlm State Attorney. Request Board approval to ward bid number ~7~681 "As 350 B2 he, copter spa~e parts", to AZZMAC Helic~ter Center, I~ Robert F. Fermnd~a. County AdminisU~or 2 IIIi I~(ECUTIVE SUMMARY RECOMMENDATION TO AW,~d~D BID NO. $7-2678 FOR THE PURCHASE OF EXPENDABLE MEDICAL SUPPUE~ FOR THE EMERGENCY MEDICAL SERV)CES DEPARTMEI~IT. ~ To prooJm me dk:id lup~iei in a cost effective rnann~ through the award and use of te~m pur~se order contract~ In e~dualing the bk~ EMS ~ ltlff contlcted the apparent k~w bk~k~rs to verify compliance wffh the publilhed lpeC~lCaflon~ b~ order to mmd~ the best prices available, E/~IS Department staff mcommen~ ir, md of the bid on a Iine-by.~ine basis lo the ~ pllpOnstve bidder for each line Item. It is further R~ That the Bom'd of County Commission award Bid No. 97- 2678 to the vendom as rec~'rme~x~l hemln fo~ ~ purchase of expendable medical supplies ~ the Emergency Medical Services Dep~L PREPARED BUY: ~~0~ DATE REVIEWED BY: EM~allon Commander Diane b. Ftagg Emergency Services Director Steve'{::amell Purchasing Director APPROVED BY: ' ._.~~ Leo Ochs, Jr. ~ Support Servlce~.~:lministrator ATTACI-~{ENT A Primal' Awardees i~or Expendable Medical Supplies Bid 97-2678 ET Tube 2.Smm 13.40 ET Tube 3.0mm 13.40 ET Tube 3.Sram 13.40 ET Tube 4.Sram 13.40 ET Tube 55mm 13.40 ET Tube 6.0mm 15.70 ET Tube 7,0mm 15,70 ET Tube 7.Sram 15.70 ET Tube 80mm I $.70 Gauze. 4X4 Sterile 48.00 Gauze. 4.X4 Unsterile $6.00 Gauze. 8XI0 ,30 Gauze, Kiing 15.84 Gauze. Vaseline 785 ]/0 needle 16g 9.50 I/O needle 18g 9.50 Meconium Asp~ralor 3,70 Needles 18g 4.75 Needles 2 I_e 4.75 OB Clamp .30 Pack. Cold 19.00 Pack, Hot 22.00 SnapIocks .13 Stylette. Aduh 57.05 StyleHe. Infant 57.05 Stylette. Ped 57.05 To~iquets 9.50 Urinal .35 Vacutainer Tubes .11 Airway. Nasal 12fr Airway Airway Airway Airway, Airway 24.00 Nasal 14fr 24.00 Nasal 16fi 24.00 Nasal lgft 24.00 Nasal 20£r 21.00 Nasal ~fi, 21.00 Nasal 24~r 21.00 Nasal 266 21.00 AGEt~)A ~ \ JUL 2 2 1997' Air.y, Nss~l 28fi- 21.00 Air.y, N~al 3~ 21.~ C~ $p~t 12 C~ Spl~t 18" C~ Splint 24" .89 ~O Pa~ 5.84 ~~ Adult ~~ !. 12 EOA 34. ! Glo~ ~ ~ 6.34 GIo~ ~e 6.34 GIo~ M~ 6.34 Glo~ S~! 6.34 ~ V~-g~ 36.50 OB ~ 4.~ ~8~ Hu~d~ 57.65 Su~ion Tubin~ StYe 37.50 Su~ion bags 6.24 Volu~i 165.~ Electrodes, Ped 54.40 Glucometer La,:ets 17.79 Hepnrin Lock 23. ! 7 Isolation M~c/shield 18.96 3.o4 NO Tube 8fr 36.53 NO Tube 10fi' 36.53 NO Tube 12fr 36.53 NO Tube 14fr 36.53 NO Tube 16fr 36.53 Suction cannister 99.12 Isolslion ~ 6.~:~ Ace b~ndage 3" 4.59 Aco bandage 6" 7,39 Alcohol preps 1,24 Ammonia inhalants .99 Annhoard 9" .36 JUL 22 I Bandaids 2.19 Bedpan .74 Betadine prep pads 1 Contaminated box 2.28 Cravat .27 Eye pad 4.48 Glucometer test strips 34.98 Hand Cleaner 33.48 N,;I polish remover pads 2.79 Oxygen mask dlsp. Ped 37.49 Suction atheter 6fr 20.89 Suction catheter 8fi' 20.89 Suction catheter 10fi- 15.39 Suction catheter 12If 15.39 Suction catheter 14fi- 15.39 Suction catheter 18~r 19.98 Suction catheter. Tonsil 24.69 Thermometer sheath 1.84 Trauma dressing 1.22 Ainvay. Oral 100mm 6.50 Ainvay. Oral 110mm 6,50 Airway. Oral 40mm 6.50 Airway. Oral $0mm 6.50 Ab~ay. Oral 60mm 6,50 Airway. Oral 80rnm 6.50 Airway, Oral 90mm 6.50 Bite-stick .20 Bulb s.,,Tinge .73 Isolation gown 18.99 Nebulizer 45,06 OxTgen mask disp. Infant $6,96 Peroxide, Hydrogen .38 Q-Tips 2.30 Sharp Shuttle 31.00 Syringe Icc, w/25g needle 10.74 Syringe 3cc 6.57 Syringe 12cc 6.86 Syringe 20cc 9.37 Syringe 6Ccc 9.68 T-robe 43.75 Tube check. B 6. I 0 Vacutainer holder 4.59 AGETJDA !'I~M. _" JUL 2 2 t J7 ' B.A.A.M. monitor 4.71 Conveaienc~ bas .85 EX(:3 paste 1,48 Eme~s basin .12 Eye cover .35 l¥cathet~, Protecti,~ 148 94.81 IV catheter, 148 2.25" Selco 49.22 rv catheter, Protective 168 94.8 ! fv catheter, Protective 188 94.81 l'v' catheter, Pr°tective 20894.81 tV catheter, Protective 228 ~4.81 Laryngos~pe blade, Mac 2 83.00 Lar~goscope blade, Mac 3 83.00 La-Tngoscope blade, Mac 4 83.00 Laryngoscope blade, ~dlet 1 83.00 Laryngoscope blade, ~ler 2 83.00 Laryngoscope blade, M~ller 3 83.00 Nasal ca~-mla~ Adult 18.00 Narad cannula, Ped $2.00 Oxygen ma~ disp. Adult 44.00 Tape 1" 8.98 Tape 2" 8.98 JUL 2 2 1~7 PRBP~ BY~ APPROVED BY: ~ TO seek rec~i=ion of awaked Grant ~nds in a~unt of $26,962.50. ~ ~e Collier Cowry Co~ssion supported and app~v~ the Gr~t Application for software and ha~ware for ~al/ty assurance manage~nt for ~e~ency Medical Dispatch on March 11, 1997. On ~ne 9, 1997, the State of Florida Department of ~ealth awaked funds in the a~unt of $26,962.50 to support software and ha~ware as outlined in the gr~t application. grant start date is June 2, 1997 and ends on Septe~er 30, 1998. ~ ~nds a~ avail~le fr~ the $26,962.50 away. ~ No s~se~ent fiscal year i~act. ~ ~t the Boa~ of Cowry Co~ssioners appro~ the attach~ Bud~t ~n~nt in the a~t of $26,962.50 for software and ha~ware as outlined in the approved grant away. A:XS .E~A RECOMbiENDATION TO INSTALL ~:LECTRIC CIRCULATING FANS IN THE MAD/COUNTY JAIL Oik~~: That the B~rd install electric circulating fan.~ in the re&in County Stil nnd paint the skylights. CONSIDERATIONS: Tha County's main jail was designed to house about 300 itunates. Cu~ently ther~ s,m often over 600. Additionally, th~m am considerably more employees both in the jail section and in th~ administration ar~s iocat~ on the second floor. This comlition hu resulted in tma~ in the jail in excess of 80 degrees. The s}~tera is ~lg as designed, but can no longer keep up with the additional IoacL Staff is ru:ommendin8 that t~u immediat~ steps be taken. Electrical circahtin8 f~ should be installed in each 'da}, mm'. Thes~ will be installed near tho ceilin$, far above the prisoner's Feach. The controh will be locked in tho suard's station. One of the Count~ sencral contn~ will complete this projcct ttki~ approximately tea days. Staffis recommmdin8 w~x~n$ the t~ree quot~ requirement in lieu of these cia:u~stances. Each 'day room' has multiple skylights. Them ar~ a ~ of 144 skylights in the J.il. Staff is m:ommendl.g p~:ting these whim This should keep the sun's rays fnam beating down ~d cot~n'butin$ to the overa~ load. The County's on botrd painting contractor can begin work immedL~e__J_y. Th~ enth~ HVAC syst~n will need to be reviewed when tbe jail addition is built along with other critic,l ~ from th~ 301 Cca~i~ F~a'liti~ ~ Rcm.~ Fund ~01-919010-991000 ~ Fund 301-120402..80172 General BmUg Im~a-o ,~,,,,.~ ~--,.,~ GROWTH MANAGEMI~q'F [MPACT~. None. RECOMMENDATION: That ~ Boml ~ ~ ~ lbml ~ im0mvmmm as JUL 2 2 $9~? ' tzecu~ Summ~ (cont.) Skip Camp, CFM, DJr~ The Dq~u'ment or F&cilMes Mmup~ent Leo ]~ Och~'~Jr,, AdmblbtraMr Sup~rt Servk~ DivMou A¢~' A JUL 2 2 EXECUTIVE SUMMARY RI'~-"O MME~DATIO N 'IX) EN1~NCE THE ADMINISTRATION BUH-nlNG BY INSTALLING ELEVATORS. SECURITY OF THE CARD ACCESS IN BOTH OB,rEC"FIVE: To obtain Board approval to enhance the security of the Administration Building by installing card access in the elevators, CONSIDERATIONS: The Administration Buildin8 is utilized in the eye, n8 hours for both Board fi~nctions and for the 8ene~ public. In an effort to compartmentalize the building for security reuem~ s~affis recon'anendin8 the installation of card access that will allow the af~er hour gums to get to the Boardroom on the 3rd floor, bm will not ailow anyone to get to any other floor unless they ~ve a programmed card. This system is already being utilized in other parts ofthe building. This system will limit gue~ to only those areas that m'e programmed to be acce~'ble on that day. Staff members wiIl he able to access any floor they need to get to by usin8 their current cards. FISCAL XMPACT: The cost of this enhancetae~t is $9,850. Funds would be trtnsf~-ed from 301 County-wide Fac'~ities Capital Reserves as follows: (301-919010-991000) to 301- 120435-80525 (Gener~l Bt,~din8 Improvements Project), GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: That the Board approve a security enhancement for the Administration Buildin8 (card access) ts otrdined within this summary and the necessary budget amendments. PREPARED By: ~~ _ REVIEWED BY: ~ ~ To seek Board endorsement of the Collier Coun=¥ Sheriff's Office final Ca=egorical Assis=ance Progress Report on the United States Department of Justice Church Arson Preven=ion Gran= Program award. ~S~D~?d~d~L~L On September 10, 1996 the Board of County Commissioners endorsed =he Collier Coun=y Sheriff'fl Office participation in the United Sta=es Depar~men~ of Justice Church Arson Preven=ion Gr~m~ Program. As a resul=, ~he Sheriff's Office received a one-time direct $4,600 award used =o fund ac=ivities which suppor= and enhance church arson preven=ion. Pursuant to gran= exis=ing federal law and regula=ions (uniform Admtnis=ra=ive Requiremen=s for Gran=s an Coopera~iveAgreements - 28 CFR, Part 66, Common Rule, &nd OHB Circular A-110) a Categorical Assis=ance Progress Re~ort needs to be submit=ed. The Sheriff's Office has com~le=e~ the required report. Since =he Coun=y of Collier is lis=ed as the name of =he gran=ee on the grant award document, ~he signature of the Board Chairman or his designee is required on =he Ca=egorical Assistance Progress Report. None. None. · K~D~S~T, LG~L That the Board Chairman or his designee endorse the Sheriff's Office United States Department of Justice Church Arson .~revention Grant Program Categorical Assis=ance Progress Report. Finance Director ' 24. 19~7 Jh/a:xs.cfire AGE,hA 0~ ~ RF~'OMMENDATION THAT THE BOARD OF COUNTY COMML~SIONERS APPROVE THE WAIVING OF TWPING FEES FOR THE CLEANUP OF THE EAST NAPLES TRIANGLK ~ Thst lhe Board of Coun~7 Commissioners appmv~ the waiving of tippin~ fees for the l.~st Naples Triangle cleanup. CONSIDERATION: Typically, lt~ Bon~l ofCom~y Commi~oners l~s v~ved tipptns fees at the landfill for ~ clesnups of vsrlous areas ~ushout Collier County. The East Napk~ Civic Ass:~t~o~ is six~mo~ a cleanup ofthe '"rrian~e" (that area bounded by U.S. 41, Atrp~ RoM, and Davis Blvd.) as part ofihe r~italization project for ~ ~ W~u~ Mamgemmt Im~. lm a~med to donate the use ora dumpster and will make appropriate disposal si tl~ Naples Ls. ndfi11. l~: Approxim~dy $200 oflandflll flppin~ fees will not be received by the Enterprise Fund. ~GEI~NT IMPAC[': None ]~..COMME_NDATIOH.: That the Board of County Commissiomrs ~prove w~iving of tippin~ f~es for the cleanup of the "Triangle," SUBMITTED BY: ,~/ //'.~.I~ ~../~._ Da~e: cZ... ' "r~s~ A. me~, ~ ~ REVIEWED BY: _..~~ Date: Leo~Ochs, Jr. ^~ JUL 2 2 TO OiilTAZIq BOARD OF COl~rl'Y COMM~SIOLqr[i~S AAIFROYAL OIr A IUI)GFF AM]r. A3)~ lfOI FUBf::HASiC A]ql) [h'FFAI. LATION OIIP £QtflI~dlLYF TO COH2qECT THE SOl.ID WAS'FZ DF.J'F. S7,I(X) BY** REVIEWED BY: JUL 2 2 597 JUL 2 2 ~ lmM lrN ~ 1 Total 0 Coa~t~le C~phl lL~Ject (.~OI) Oovtrnmmt Cem~ DR! JUL 2. Z 19~7 ' JUL 2 2 1~397 '~ XECUTn UNDER BID ~ S~7.3~4.~u~ ~'HE SALE OF O~CTIV~: To authorL~ the ~ale of AIS hardware, de.bed as follow~ MicroVAX ?I00-80, 40 MB Memory, ~wo 1~3~6 D/ak Dr/~es (1OB each), tw~ ~25 Disk Drive. (426 ~ each), and one ~'Z86 Tape Dr/ye to the h/~hest bidder respond/n~ to Surplus Bid ~S97-2664. DESCRIPTiOB/: The Eq~fipment was offered as be///~/n excellent conc[it/on, w/th an approx/mate value of $4,400. It was understood by the bidders that all licenses currently held by Coil/er County will be transferred to the Buyer, and any aasoc/ated c~ste~ee8 w~ be IX>me by t~e Buyer. Pursuant to Chapter 274, ]F.S., the surplus equ/pment was offered to other ~n~ernment ent/t/es and to 38 computer-related firms (computer wholesalers, reaeZlers and remanufacturere) tn succesa/ve phaaes. Sealed two off'ere be/n~ received. Staff has reviewed the bids received and recommend~ Mc~ were opened on June 25, 199~ w/th acceptance of the off'er from Glades County, the M~hest bidder at $3,§00. FISCAL IMPACT: Revenues/n the amount of $3,/500.00 shall be rea)ga/zed/n the General Fund (001-121730). GROW'I~ M-ANAGEM]ENT IMPACT:. l~one RECO~IE1VDATIOi~: ~l~at the Board of County Comm/Sdoners author/ze the sale and d/spoaal of surplus Bid ~S97-2664 to Glades County Clerk's o/r~ce in the amount as SUBMTITED BY: wen Butler. BY: Date Date APPROVED BY: .f TABULATION FOR, B/D #$97-2664 ~ DI~! MIcmVAX3100 I~1~ATIONS $1~FT TO: 4~ Yend~ ~:)ST~NO DAT~ Sure 3, 199'/ June 25, ! 997 Public ,t26]H~ 3~" half-beret SCSI Mod~! RZ2$-I~q ~2) 1.05 Gbyte 3.~ halt'-heilht SCSI dhk; Model RZ26-EN SCSI Table Top Tape; Model TZI~TA (1) 32A'f PAR MEM (2 x Model MS44-DA $ .------____ $ $ --------_.___ $ -------._._ $ ) OFFICIAL PROPOSAL I~RM FOR PURCHAS£ OF S*0RPLUS CO[~ PROPERTY Comp~et:a O~er B~r~ ,lad ~ DXTE 01: SAt~ IS~D IIUMIIm~ June _ Is-~7-2664 TO:. Boara of County Commls~loner~ ~ Tamlaml Trail. East Naples, Florida 34112 RE: S-gT-26e4 - '~'pla~ Digital MIa~vAX $100 Haxl,aram- In accorclance wft~ your 'NOrJCe of Sale of Surpl~ Proi~erTy', Se Underslgnecl offers tO buy C. he following: MODE. ' DV-31HTA-B9 1 MV~I(X)-80 2 User OpenVMS SYS.. RZ2S-EN 2 425MB 3.5' haif-Ilelgllt SCSI disk RZ26-~ 2 1.05 Gbyte 3.5' half-flelgllt SCSI dlsk TZSE-TA I 6GB SCSI l'ai:)le Top Tape MS44-DA I $2M PAR MEM (2 X 16M8 SIMMS) TOTAL BID PRICR Exceptlon/condiUon~: PRICE Date: 6/20/97 E,X. ECUTIVE SUMMARY RECOMENDATION TO APPROVE A BUDGET AMENDMENT REDUCING REVENUES IN THE EMERGENCY MANAGEMENT BUDGET ~ To obtain Board approval of a budget amendment that would reduce revenu~ in the Emergency Management Department by a sum of $1,O00. ~*.L The Emergency Management Department has received funds from Florida Power & L/ght for radiologicaJ preparedness act/v/t/es in support of the Turkey Point Nuclear Power Plant Became of ~dministrativ~ costs h managing this grant, Florida Power & Light and the l'X'pa~ent of Community AlTa/rs have agreed to maintain the funds in the Ingestion Pathway Counties, such as CoRier, in Tallahassee. In preparing the 1997 budget, revenues orS1,000, were identified in the Emergency Management budget. We have not spent or encumbered any monies against these funds. ~: Reduce rev~ue.qexpenditures in thc amount of $1,000. in Fund 118, Cost Center 144210, Project 33782. ~glb[: That the Board of County Commissioners ~rove the attached budget amendment that would reduce revenues to the Emergen.-T Managem, mt Department ia the amount ors l,O00. SUBIVl]TTED B~ D,t~: /~r~/~:~ ~u, Em~rg~.ncy Mgmt. D/rector -.~eU Walker, R/~ Management D/rector REVIEWED By: ..~~ Dat~:_~_~ Leo'Ochs, .Ir., Sup---~-'~erv/ces Admin/s~tor She/la Lc/th, O~~anagcm~ni & Budget APPROVED BY: ~ Date: County Adrn~s{rator EXPENSE BUDGET DETAIZ, Expenditure ~Code Tltle TOTAL Increase ~ Current Cost Center Title ~endJture I~t Code Center No. ~ect Title Current Tide TOTAL ' No. Title TOTAL EXPLANATION Why nre fuu~ neided? ,--, ,- ~ Where are funds ftvntlable? REVIEW PROC~ Cost Cente,' Director:. ~--i~ b~,~i_-___ _~--~o~ _Input ~ B.A. No.: ~'~RSO~AL co~unm ,--,,- ~ L~- --~z~: STA~ TO ,~-,~m ~rAt~ $~RVICES CONTRACT O~ That the .B ~oa,.xl of County Commissioners reject Bid #96.2590 and authorize the mmrmation Technology Department to re-bid the contra~ with different bid specifications D.F.,i.g.l~dl~i~: The Information Technology Department would like to restructure the bid specifications for Bid #96.2590. All ofthe responses to Bid #96-2590 were for considerably more than staff anticipated or budgeted. Staffwould like to bid the contract on a time and materials basis rather than as a blanket contract. F~¢over gered in th ACT: For 1~ 97, ~uada ,~ere bud to budget tot ~r,----these .expeaditures. In n ~8 de ..... · ~nfo~t~on Technol, --~xve 9uagetl. - ~--~al balls within their ~~: ~at ~ Bo~ ofCo~v Co~ion~ ~J~ Bid ~25~ ~d a~o~ ~e ~fo~a~on T~olo~ ~ent to ~bid ~e P~n~ Compeer Repair Semites Con.ct on a time ~d Date:/__~~ RIiCOMMY..NDATION TO APPROV~ A BUDGET AMIiNDI~tENT FOR iM'ULTEPLE AIR CONDITION REPAIR~ PERTAINING TO THE II~EMOKALEE JAIL~ II~DdOKALEE FITNESS CENTER AND T~E ADMD~ISTRATION BUILDING, SEVF..NTII IrLOOR. {,ll[~F,,~I~: To obtsin Bc~i approvsd of · budget amenchnent for repain to the air conditioning unks in the kitchen of the Immoktlee hil Center, the l~nnasium of the lmmokalee Fire·ss Center and the seventh floor of the AdmLnisu'ation Building. .(~.{~ti~.ll~[~]~IS: In June, 1997 the only ah' supply to the kitchen at the Immokalee J~il Center f·iled An ·nempt to r~pair it r~vea~ed that the unit was completely rusted out and needed to be replaced. (Cost: $1278). The lmmoknlee Fire·ss Center's ~ was taken over from the School Board approximatdy two y~ars a~o. At that time the units had not worked for a number of years,. The facility ~ renovated, the air conditioners were not overhauled but wer~ temporarily fixed to circulate nit but not to cool. On May 15,1997 Ptrks and Recreation requested that the units be fixed ts the ~ was going to be used extensively for la, miner recr~tion prosrams and for the Immokelee I-Ii~h School ~tion. The r~palr was time consuming and expensive. One of the traits was repaired. The other unit, also needing major overhaul in8 has not )~t been scheduled for ~pair. (Cost: SG 1 $8). The variable frequency drive which controls the flow of air from the sir hnndler on the ~ floor of the administrative building needs to be re, placed. The unit is r~nnln8 wide open on by-pa.ss and will shortly destroy itself. This r~pair was tentatively approved for FY 97-98. Since the rcpair needs to be completed now at · cost of $3766, this amount can be deducted from nex~ ye. ars proposed budget. ][Lq..~l~_~: The total cost ofnll three r~airs is $11,202. Since these r~pairs were unanticipated and not budgeted, funds would be transi'm~ l~m the 301 1Les·rye Fund 301-919010-991000 to Fund 301-120435-80162 None ~g~~,~: That the Board approve the ·tt-ched Budget Amendment and recommendation r~la~in8 to the repair of the ~ove referenced air condition units as Ex~:utive Sumnt:~ (cont.) Page 2 FR~ARED BY:_~ ,/ l,a~ E. Oc~ Jr.TM. BCC Agenda date I Item No. if pr~iously approv, d, F2CP£NSK BUDGET DETAn. , I[A/C Renovations II ]I [80162 Expenditure Expenditure Increase Current Revl.ed . Object Code Title (Decrease) Budget Budget 762200 Baildlng TOTAL $f~44~0 I1~.£~. .Mt4~te~a~'e- Servlee~ Cost Center Title Ex_x_peudtture o_~ C~e I P~-r~ject Title II Pro}eot No. _Erxgenditure Contractual Services TOTAL~ REVENUE BUDGL~ DE'TAIL Reserves Cost Center Title I Cost Center No. I l~o.[ect Title I ProjKt No. I Revenue Revenue Title Incruse Current Revised Object Code (Decrease) Budget Budzet 991000 l~,es. For ($I 1~202.00) Contini~encles ,,, ror EXPLANATION Why are funds needed? The only air supply in the kitchen at the lmmokalee Jail Center failed. Repairs c~nnot be made because the unit is rusted out. The unit needs to be replaced. The Immokalee Fitness Center was taken over from the School Board. At that time, the air conditions did not work. The facility was renovated, but the air conditioners were not overhauled. Parka & Recreation uses this facility for summer recreation programs. The variable frequency drive which con,rob the flow of air on the 7~ floor of the administration building needs to be replaced. The unit is running wide open on by-pm and will shortly destroy itself. Repairs were tentatively approved for FY 9%98, but replacement is needed at this time. Where are funds available? Funds are available in Fund 301, Reserve For Contingencies` REVIEW PROCESS Cost Center Dirt~or: Division Administrator:. -- Afency Manaler: , Finance Department: ~/' Clerk of Board Admin.: _Input by: B,A. No.: API~OVAL Oit BUDG~ ~MX~rFs bdlet Aiedmm t~4Zt APPROVAL OF mJlX;L-r AMIM)~33 ~ a_F~enen~ ~o mabtth currtmt VA fo~L~ md mcetve~. Gem~l l~nd (oot) TotaJ B~d~t Ameudmeut 9/-330 EXECLmV~ SUM~mU~,y PETrrlON AV 96030 LELAND DYSART AS AGENT FOR OWNER, MARBELLA AT PELICA BAY, INC., REQUESTING VACAT1ON OF A PORTION OF THE DRAINAGE EASEMEN RECORDED IN O.R. BOOK 790, PAGE 1803 AND O.R. BOOK 1419, PAGE 234 OF THE PUBLI RECORDS OF COLLIER COUNTY, FLORIDA AND SHOWN ON THE PELICAN BAY BENr PLAT BOOK 28, PAGES 16 THROUGH 18, INCLUSIVE OF THE PUBLIC RECORDS O COLLIER COUNTY, FLORIDA. ~BJ.E.~T..I~{~: To appmva the Quitclaim Deed for lhe vacation of a drainage easement to allow ~ PefltJoner to relocate the easemenL ~'~..EJ~-~]~S: A petition has been receh,~d by the Transportation Sendces Departrnen from Leland Dysert as agent for owner, Marbel[a at Peflcan Bay, Inc., requesting vacation of a porl~n of Pelican Bay fmpn:wement District (PBID) Drainage Easement ~ to PBID b) separate instrument on Decembee 14, 1978 a~ rm::orded In O.R. Book 790, pages1803 thmugl~ 1822 Inclusive and a portion of a PBID Drainage Easement conveyed to PBID by separate instrument on January 13, 1989 as recorded in O.R. Book 1419, pages 234 through 237, ~ of the Public Records of Co~ler County. The petitioner is mquesUng vacation from the Board of County Commissioners a~ mJccesscx~ to the PBID. As consideration for the vacation the petit~ is offertng a replacement drainage easemenL Letlera of no objection hav~ been mceh,.ed from Engineering Review Servtc~l and Pelican Bay Sendce~. The Transportatfon Services Department has reviewed the petition and has no objection. Zoning is PUD. J~C,~_~: Not applicable. : Not applicable. ~: That the Board of County Commissioners approve the Quitc. Jalm Deed for the vacation of the above described easement, authorize the execution of the QultcJaim Deed for the vacation by its Chairman, approve and accept the replacement easement and direct to Clerk to record the QultcJalm Deed and the replacement easement. PREPARED BY:~ Muller Englpi~er I , REVIEWED BY:~~~~__~ REVIEVVED B 'Ed Ilshner Pubrlc Works Administrator DATE: FUDM/IZT~O~Sg7AVgB.O30.ck~ OUITCLAIM DEED This QUFTCLAFM DE£D made this day of ,1997 by the Board of County Commissioners of Collier County, Florida, as successor to the Pcli~n Bay Imp~vement Dist~, O~ntor, and Bay Colony, ~ateway, Inc., a ~o~da Co.oPtion, It's su~n and assi~ O~~ WITNKSSETH That the GRANTOR for and in consideration of Petition AV-96-030 and the sum of ten dollars ($10.00) and other vnluable consideration to It in hand paid by the GRANTE~ receipt of which is hereby acknowledged, hereby remlses, r~leases, and quitclaims tmto GRANTEE forever, all right, title, Intert~t, claim, and d~mand which the said GRANTOR has in that certain portion ora drainage easement interest in, of and about the following described lands being located in Collier County, Florida, to-wit: A portion of the Grant of Easement as recorded in O.R. Book 790, Page 1803 and O.R. Book 1419, Page 234 of the public records of Collier County, Florida, and more particularly described in (Exhibit "A" attached hertto and incorporated herein by reference) IN WITNESS WHEREOF, the GRANTOR has caused these presents to be executed in it's name by the Board of County Com."nlssioners acting by the Chairman or Vlce Chairman of sald Board, the day and yea~' aforesaid. ATTEST: DWIGIIT F.. BRO4~K, Oerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: Timothy L. Hancock, Chairman This in~lrumen~ w~ pr~par~j~ Heidi F. Ashton (~,~1 A~ant C~n~ A~o~ 3301 Tamiami T~H ~ Napl~ ~. 34112 PREPAR£D BY: ~ MA{tIi~,J~ AT i'~.{CAN BAy. iN~.. STATE OP FLOP, ZDA COUNTY OF CO; ~ ~ SE£ SHEET 2 OF 2. ' · -.c:::]~Z--c:~ ,.ICAL~. ~° ,,, ~00° p£LICAH Il.A?' uHIT FOURTEEH / / c~ I,~C;L '¢* P.B.I.D.D.£. O,R. 79C HOT FLATTED i'O.R. Ii'off, Po, IB&U FXHIRIT =A a A DRAINAGE EASEMENT OVER. UNDER AND ACROSS ALL THAT PARr OF PARCEL *C' ACCORDING TO THE PLAT Of' PELICAN BAY UNIT FIFTEEN, AS RECORDED IN PLAT BOOK I$, PAGES 5 THROUGH 13, PUBLIC RECORDS OF ,COLLIER COUNTY. FLORIDA BEING MORE PARTICULAR[¥ DESCRIBED AS FOLLOWS: COt, t&IENCING AT THE NORTHEASTERLY'CORNER OF' SAID PARCEl. 'C' OF' SAID PLAT: THENCE SOUTH 10'32'58' EAST ALONG THE EASTERLY LINE OF SAID PARCEL "C' A DISTANCE OF ,319.55 FEET TO THE POINT OF' BEGINNING OF THE DRAINAGE EASEMENT HEREIN BEING DESCRIBED: THENCE CONTINUE SOUTH I0'32'58' EAST ALONG SAID EASTERLY LINE OF' SAID PARCEL 'C" A DISTANCE OF 53,74 FEET: THENCE LEAVING SAID EASTERLY LINE OF SAIO PARCEL °C' SOUTH 34'27'02' WEST 130.67 FEET,' THENCE SOUTH B2'03'54" WEST ,397,56 FEET TO AN INTERSECT)ON VaTH AN EASTERLY LINE OF A PELICAN BAY IMPROVEMENT DISmlCr DRAINAGE EASEMENT AS RECORDED IN OFFICIAL RECORD BOOK 790. PACES 1814 THROUCH 1815, PUBLIC RECORDS OF COf. LIER COUNTY, FLORIDA: THENCE NORTH 00°35'01- WEST ALONG SAID EASTERLY LINE A DISTANCE OF 20,17 FEET: THENCE LEAVING SAID EASTERLY LINE OF SAID LANDS NORTH 82'03'54' EAST 361.79 FEET: THENCE NORTH 34'27'02' EAST I76.28 FEET TO THE POINT OF BEGINNING OF THE DRAINAGE EASEMENT HEREIN DESCRIBED: CONTAINING I,.~425.54 $OUARE FEET OF LAND MORE OR LESS; SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. KNOW ALL MEN BY THESI~ PRESENTS: THE ~ NATIONAL BAN~ OF BOSTON. FIRST NATIONAL BAN~ OF BOSTON, STATE OF GEORGIA ~ who is ixncnan~ imo~ t) mt //,~_ _ t/..,/. ,.-.,,,. OFT1CIAL NOTARY SFAC Hota~'i'ut~) ' / / ~*~'~'~ Cheryl Geoffrion . Nc, tary Public State of Georpa ~mmission Exp. April 30, 2000 KNOW ALL MEN BY THF.~E PRESENTS: Recoeis Book 2309, Page 2848, of fl~e Public Records of Colli~ County, Florida (the '9,{or~"), whicl% Dared tt~..~ dayof ~ 1997. %Vnr~ss~: STARWOOD Mg77~ INVESTORS, LP. Star,,o:a Cap~ O,~ L LP. sss Capi~ ~ L LP. STATE OF FLORIDA couwr~o~~ CHICAGO TITLE INSURANCE COMPANY KEY W~S"F PROFESSIONAL CENTRE. SUITE 9o 1342 COLONIAL BOULEVARD " ~ FORT MYERS, FLORIDA 33907 (9,11) 275-8212 TITLE DEPT FAX LINE: (941) 275-81 ~J ESCROW DEPT FAX LINE: (941) 275-8114 UNDERWRITING DEPT FAX LINE: (941) 275-31 REFERENCE NUMBER: 249701515 Co~nunities Title Insurance Agency 801 Laurel Oak Drive, Suite 500 Naples, Florida 33963 Attention: Laurel $itterly Dear Laurel: Attached please find our search covering properties indicated by our above listed search number. Please note the following: This search is based upon the legal description of search number referred to above. Where the customer has furnished only a street address, the Company assumes no liability hereunder in the event the legal description set forth and the information pertaining thereto does not properly relate to the street address. Street address furnished ( ) Yes ( X ) No Street address furnished The liability of Chicago Title Insurance Company hereunder, be it founded in contract or tort, shall not exceed the lesser of the customer's actual loss or damage, or $1,000.00 whichever is less. ' This search is not a title insurance policy and should not be relied upon as such. For full protection, a title insurance policy should be secured. If you have any questions regarding the above please do not hesitate to call. ' · Sincerely, CHICAGO TITLE INSURANCE COMPANY DAn: May 9, 1997 CRICAQO TITLE INSURANCE COMPANY 1342 ~M~3IeXAZ, BO~.~VAID FORT IfYI3tS, FLC~3~ ii00? Co~m.unities Title 801 l~urel Oa~ Drive Suite SOO eaplsl, FL 339S3 Att~tto~ L~uz~I Slttezl~ ~e~2fBZRt 249?01515 CKITIPXED TOz thy ?, 1997 AT it00 a.m. we have searched the Public Records o! Collier County, Florida. on the lands described am follows~ lee l~al descriptl~ at.chad and the npparen= record owner Go the lands described is ~ ~~~, ~ ~a, record.d in O.a. Soak 20~9, Page I,rL.7~; O.R. Book 2,13~, Page f~LA end O.R. Book 2~l~.~, Page 144. Public Records o! Collier County, Florida. Said search discloses following mortga~es no~ la,lolLed or released o~ record nor otherwise terminated bM law. 1. Mortgage vhic~ vas executed b~ WCZ Co~munitiee Lin~ted Par~nership. · Delaware limited partnership, h¥ Colony Caterer, Inc., a~elavare corporation, ~a~ A. Bre~t, Individually and aa Trustee, and DevAd Sexton, ?fusses under Trus~ Agreemen~ da~ed :anuarM 24, ~995 ~0 The Firs~ eatlonal Bank o~ Boston dated~ulv 24, 1995, recorded~Tul~ 1995 in O.R. Book 2082. Page 101x, Public Records of C~llier Co~n~¥, Florida. (pertains ~o that per, ion lying in Trac~ C-2 Pelican Bay Bend) Assignmen~ of Leases and Rents between sex Co,nuni~lee partnership, · limited partnership, Ba~ Colony ~atevaF, Xnc., a Delaware corporation, Jar A. Bret,, XndividuallM and as Trustee and David Sex, on, trustee under Tryst Agreemen~ dated January 24, 199S and The Firl~ eational Bank se Bos~on, recorded in O.R. Book 2082. Page n83, Public Records of Collier Coun~, Florida. (per~ains ~o ~ha~ portion lying in Tract C-2 Pelican Bay Bond) Hor~gaga which vas executed ~/ eCX Co~nunitiee Lime,ed Par~nerahip. a ~elaware limited par~nership, Bay ColonM~u~evaM, Inc., · nelaware corporation, ~a¥ A. Brats, XndivAduallM and es ~rustee, and nuvid Sexton, Truste'e under Trust Agreement da~ed January 24, 1995 ~o The First ~etional Bank of Boston dated Jul~ ~4, 199S, recorded~ul¥ 1995 in O.R. Book ~082, Page 1347, Public Records of Collier Coun~, Florida. (per~aine ~o that portion lying in Tract C-2 Pelican Bend) Assignmen~ o~ Leases and Rents between ~CX CcauMnities Lind~ed par~nerehip, a limited par~nership, Bay Colony GatevaM, ~nc., a Delaware corpora:ion, ~a¥ A. Brett, Individually and aa Trustee and David Sexton, trustee under rrus~ Agreemen~ dated ~anuary 24, 199S and The First ~ational Bank of Boston, recorded An O.R. Book 2082. Page X528, ~ublic Records of Collier County, Florida. (pertains to ~ha~ per, ion lying in Tract C-2 Pelican BaM Bend) Financing Sta~emen~ between ecl ¢oeKunities Limited P&r~nership, (Debtor) and Thp Pirst ~ational Bank of Boston, as Agent, (SeCUred Par~y), recorded in O.R. Book 2085, Page 1, Public Records of Collier County, Florida. (per~a/na to sharp or,ion 1Mis9 in Tract C-2 Pelican BaM Bend) RBI~RENCH Iq~'~BEP. :P4S*'~lSlS Financing Statement between Bay Colony-~atew&y, Znc.. (Debtor) and The Firlt National Bank of Boston, el Agent, (Secured Part¥),recorded in O.R, Book 2085, Page lSl, Public Records of Collier County. Bend) Financing Statement between #C! Communities Lin/ted Partnership (Debtor) and The First National Bank of Boston, at Collater&l Agent, (Secured P&rty) recorded In O.R. Book 2085, Page 101, Public Records o~ Collier County, Florida. (pertains to that portion lying In Tract C-2 Pelican Bey Bend) 8. Financing Statement betveen Bay Colony-Oatevay, Inc., (Debtor) and The First Nation&l Bank o~ Bolton, al Collateral Agent, (Secured Party) recorded in O.i. Book 208S, Page 451, Public Records of Collier County, Florida. (pertains to that porcion lying ln Tr&ct Pelican Bey Bend) 9. Mortgage vhich was executed by Merbelll at Pelican Bey, Inc., a Florida corporition to Ster~oodMezzanine InYeltore, L.P., a Delaware limited P&r~nerlhip dlted M&y 1, 1997, recorded May 1. 1997 tn O.R. Book 2309, Page 2848, Public Records et Collier County. Florida. (pertains to this portion lying in Tract C-1 Pelican Bay Bend) i0. Release or terratnltion of the Financing Statemenc betveen Starwood Mez=anine Investors, L.P., a Del&rare limited partnership (Secured Party), and Marbelle at Pelican Bay, Inc., a Florida corporation (Debtor), recorded in O.R. Book 2109, Page 2891, Public Records of Collier County, Florida. (pert&tnB to that portion lying in Tract Pelican Bay Bend) SEE ATTACHED REFERENCE SEARCH LKTTER WHICH :IS A PART I'I~REOF' ! . IQN DR,~NAG£ EASEMENT,. A DRAINAGE EASEMENT OVER, UNDER AND ACROSS ALL THAT PART OF' PARC. EL "C' ACCORDING TO THE PLAT OF' PELICAN BAY UNIT FIFTEEN, AS RECORDED IN PLAT BO01~ I8, PAGES 5 THROUGH 13, PUBUC RECORDS OF' COU. IER COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEASTERLY'CORNER OF SAID PARCEL 'C' OF SAID - PLAT: THENC~ SOUTH 10'32'58' EAST ALONG THE EASTERLY UNE OF' SAID PARCEL "C' A DISTANCE OF 319.55 FEET TO THE POINT OF' BEGINNING OF THE DRAINAGE EASEMENT HEREIN BEING DESCRIBED: THENCE CONTINUE SOUTH I0'32'58" EAST ALONG SAID EASTERLY LINE OF SAID PARCEL "C' A DISTANCE OF 53,74 FEET; THENCE LEAVING SAID EASTERLY LINE OF' SAID PARCEL "C" SOUTH 34'27'02' WEST 130.67 FEET; THENCE SOUTH ,~2'05'54" WEST 397.56 FEET TO AN INTERSECTION WITH AN EASTERLY LINE OF A PELICAN BAY IMPROVEMENT DISTRICT DRAINAGE EASEMENT AS RECORDED IN OFFICIAL RECORD BOOK 790, PAGES 1814 THROUGH 1B15, PUBLIC RECORDS OF' COLUER COUNTY, FLORIDA: THENCE NORTH 00'35'0I' WEST ALONG SAID EASTERLY UNE A DISTANCE OF' 20.17 FEET: THENCE LEAVING SAID EASTERLY LINE OF sAID LANDS NORTH 82'03'54' EAST 561, 79 FEET; THENCE NORTH 34'2'7'02' EAST 176.28 FEET TO THE POINT OF BEGINNING OF THE DRAINAGE EASEMENT HEREIN DESCRIBED; CONTAINING 13,425.54 SQUARE FEET OF LAND MORE OR LESS: SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. C .L A &s of February 28, 1~14 byl '~ ~ ~ ~ &11 ~a~a~, or ~ ~f~ lands: . . ~ ~ * ~ , · · '~l~'... · ' ' · %-~t3~ cc~t~t d executed ~ [p~d tn ~ Cl~utt Co~t fop ~ ~nttc~ ~vdlctal Circuit. Co111cr.~ ~ .I (82 ~Xffi C. C~LI~ Il. lfl~lYldv1117, lfl~ is T~s~e. and ~ & ~st office l~lS 3~3 Xor~ T&mI~I Tr&I1; Xapltz, ~o~d& 33~0. ' ~(~(~f~r~Zt office cilltdUd~ss~ G~C).ls ~Ol hltc~n. ~ hglcTi~. Xdplts. ~o~d~ dlst~b~l of ~e Grant~s, ~t;r htl~ or Ilsl~l or of i~ o~cr pc~Son Or ~ ~ t, .~ <~,,~.:.)~. ~? ~ Well of kmA ~ll,[cro 0 "0 more particular17 described is fullerS: _ 0'038'-S0' Vest 3437.0S reit ti tho soother17 rljht-o~-va7 4lot of itite ~oad $-II~ (Tindtrbllt leach thence &~onj ~he laid rljht-of*vi~ linc of S05S2. South IO°.O8*o2Q· CAst gO.SO feet to the ~OIXT OF ' South 80°.0U,.20· Cos~ JiJ3.S? feet; thence in,th J'oSI*-dQ' Vest ZOO.G0 the irc of & cSrculir curve concave %o Lhe norLhel~t, · of Z480.00 feet lnd bain2 subtended b7 4 chord ~htch ':~elrs South 1'-4S'*S7' Cos% ~¢S.4¢ Feet: * thence South ZT°oZ3,o3S· Cast &Zl.4S circul&r curve concave to the SovLhvest. ~hrovjh centre1 aA~Je of 210oZO.°o04°I h4y$flJ I radius 24S0.00 reef ind being subtended by i Chord which kelts South 1&'043'034' Cast iSa.lO to i pollt off & · curve: thence southwester17 130.4d feel &loft! the irc of non*tinjent141 clrcelir curve cunclve to the seven. bt&rs South RO'oO0**:S' ~lst, ~0,40 fcct ~o t point on Slid CUrYel . · · South I'-Zl'-§I' test 147.7S reel to the lOrth¥tit Collier Color.y, Fllridl! .th~Cl &loB! tnt veStlrl~ lilt of slid fircel Z) Solth I'-3Z'*OS* Eist lOS3.00 fcot~ · 3)'Sent& 3S*o07'037' VeSt 4SZ.~O 4) So, th SO'oOSeoSS· Vest SSS.Ti feeL; ~h~ct l~l?ln! sold vaster17 line o~ Pirct1 *x'. ~cl!cln Jl~ Unit Z, So,th ]O**SZ*-SI' Cist 30I.X3 TtCL~ ' thence Korth 7J'oZ?'-O~'. list lO0.O0 feet~ · (contiauad off ~lle Z) 0 0 7093 thence South 20'-3Z'-58" rise TO0.O0 fee% to the ~ht~C~ CO~Ctn~t ~lOflg slid wtSttr~ ~e Sou~h 8S'*OS**SS' Vest dS.OS Feet: ~henc~ leivSng sll~ vtstcr~ lsat Sov~h IS'LOSe.SS, ~est ~OJ.Z8 theAcc South 30'032'-SB0 CIs~ 180.73 ree~: ~hcflct Southerl~ end sovthvcsttrl~ SS~.ZS through t Ctntr&~ ingot O( 27'0300-34', thcnc~ So,th i'*ST'-3S" Ves~ S70.00 &SO.SS fete I ........ , ~- to the else, thru & central i~lt o[ i chord vhSch belts Sou~h ~'.Z~*-dZ' [dsL 67~.33 feet: · thence Sou~h 2S'0S7'-~0' Cis~ 438.00 fee~ to the is r~corded ~ P.I. 13 pg. 3S, CollScr Couflt7 Records, Collier Count~, thtflct ilong the north t~fl~ oF sl~d Parcel "T'. ~vhlch ~eirs 'South 7S'040'040" ~est 3J~.S~ fc~t: to the norThvtst corner of Sitd fircel 'T': described coerstst l) XorLh 4i*oOSO-03" CiSTo_I distance or I.S~ 2}. northeilttrly ileal slid curve ~) nor~ Og*-Sl*-40' [&SL for 276.X3 co~csve to thc point of tifl~cnc7~ .' 'S) ~orTh 38*-~dS-dS" ~ett roe · . petal of cvrviture of i ctrculir curve coflc&Ye to the northeitt; . pglat,of t~fljtncT~ ~N::EL SA tccnt,} 7) I~orth ?.?'.4?.'oGS' Vest for 310.:31 fete to & ~tt~ And & ccfltri~ lnJ~t of ~l -3~'031' for co~ciYt to the sou~hvts~; 33 -OJ*-O(' ~ts~ fqr ~82.3~ (tt~ Lo 27.3& fe~t t~ I ~otnL of ttn~tnCY; polht of cvrYitUre of I c~rcu~lr cvrYc conciYe to the ~4) northvcsterly, ~ortherlY ~nd &long thc lr~ .... -, nn ~tt ~n( &' ccntr~l ' point of.t~c~, .... ,.- ~0.18 feet to posit of cvrYstvrt of & c~rcv~&r cvrYe COflciYe ~o the VesT; terry and northerly along the &re Xorth OZ.00$t'03' [tit for 38S.tS (tit to Ti) northern Y .......... ~tvtit for tis . ilonI iht irc.?[ ~'-~'~'t~,t &~4 i Cintra1 ingTt of TTo-4z*-37' (or l,O3 feet to i point ' of tin eat t ' i~t te ~t ceiL; co.~ ....... orth~ll end tortXc~ttr~ tO) nor~vtsttrJ/,- ' v' for · po~t% of tanVtflc~; - ' · .. · Cast for S?O.tt ftttT tt ~or~ ~,'~. ~;, v.qt for S0.3T feet; Z4 xor~ 74'02ze-3m' vtst for Ti. IS ftttl ZSSOE~ S8*-tO~037* VeSt for f.43 fttt~ So~ 60'-3S*-4S' VeSt for Ti.~t feet: Z XorLh 3&*'3S~'SS, ~tSt for ~SS.08 (co~Sfl~cd O~ flit 4) *°eL" ',%.i~,..~o- ves~ for 3S lorth 30 ,00. !! ..... ,-- ~41,t3 file, ~ v~,t~ Olo-4i~045' LiS~ ?- 1: ~, t,tt~ 31 xorth 31 *lQ -3~_ ~,a~ .... ~3.l& f-tit; t 31 -' 11 feet, 40 Xor h · , · V t for 1~, 4 -S7 ,00 ts tO those linde tS CountY, ~lorldiT ....... ~-~o~tn. eight thtflCt ilO~9 Gill licit ~fl~ tv-- , - · ,. · cast 3si.ts hOfl. ti~gt~t~Al.CTrCgt~,~'~ Z&S.2S fret ~ xorth 17 3 n the irc of r&o~us OT o2t .la & chord vhtCh brits xorth 20 . 34Q.SS f?tt~ · - ' 40,00 ftttt ~-~ tkord vhlch bt&rs ;efTa ~N -~ - 7~ Xort~ 1.03z --y._~:li.1, &nd ttsttrl~ 31,Z7 COnCiYI to ~t S nde4 ~ I chord ZS.OO t~t% &md best Sgbtt . vhiC beers xortk S~'-Sl'*40 ~is~ 3S,~ C:) 0 · ~fltt~sect~on or the vest r~ght-oFoVaY line Records, Collier Coun~Z, Floridl; (TanlaBS Trill). Kor~ O'.3~'-SS' thence contSnut ;~ont st?d ~tst rlg~-o~-va~ 1Sot. Xorth . o~ ;cid Sect;on 4~ ~htnct continue 4 offs s~d'ves~ rS~h~-o~-viy lint of U.S. Public Accords. Collier Count~. thence cooL,flue along ~ht north lint of sa~d ~&flds. So~h . 8J~*ZX'-OS' ~es~L ZO&O.OO ~ett to thence continue alofl~ ~cst ~28,77 ~eetZ ' thence conttflue along sitd lands ~ovth 87.30 feet to the northeaster17 ' ~tstrlbtd In Official Records Ioo~ ]OOZ. p'igt ICG - SSi. Collier County ?ub~tt ;tcords, Collier F1ortdit . ~eJ~ ~9.3S ~tet; . ' "subtended by & chord vhSch brits Xorth ~tSt lOl.27 feet; thence COntinue ~1ofl1 slid lt~ds Xorth ZS'-Z3'-~S' . Vts~ SS.7; reit; ~cnct continue I~OaJ : thence continue ~lonj stld 1tads 5ouCh ZT'-SX'-SS' .Vest lOO,O0 feet; thence Xorth 16'-20'-0S' Vcj~'lJd.00 ~tac~ Xorth 73'-3t'-SS' [&~t i~.lS fttt t~ thc ~vo; ~) xorth 2S'.XS'-GS' vest 1434.'S6 feet; Itorth 34'-40'0S$' £&$t SOS.IS feet to t aor~etsttrlZ 3lC.It feet along t~e irc or ; aah t~ngtntitl c~rcultr curve coflctyt to ~c southeast, throuth i ctntr&~ taint o~ XT'-SZ'-~;'. hivtaj t rtdtus of 3tSO.O0 fttt Ko r th 1~'0~7'-Z3' ~iSt 388.3t feet; Ct) c~ · ct:) o thence southtastcrl~ 2$S.X4 fctt ilofls floflotingtntt&~ clr~vlir curve coflcive thence ~outh S4'031'033' list 43S.00 thence sauth~aster17, aaitcrl7 and florthcrl~ ~est 4~4.60 feet; ContISfllng ~08.3~ icrt~ oF llfl~ mort or less: thence lloflj ~ south 1She of sisal ~cctlon 33, 8~*-3I'*SS' ~tSt ISO.OZ feet to the vest r'tlhtoof*vt7 thence &lens the ves~ rt~kt-o~ vi7 1the or Sill u.~. 4~ (Tl~it~ Trill), Xor~k 0'037'0310 Vest 2S73.?Z Fctt to the sou~ rSjht-or*vl~ lac or ~titt lead Io~ liz (Yand~rbt~t IliCh ~oid)~ ' thence ~!onj the south rljht*o~evl~ line ~f siS~ Statc.~o~ Xo. BiZ (Y&adtrbiit Belch hld)o Ior~ lO -Ol'-ZO' J(o.oo ~eet: * thence Sou~ J'*SXeo40'VtsL ISS.O0 ~cet t~ the fQIXT OF i[GZXXXXG of ~e pircel htre~ dtscrlbtd~. · ~enct hrth 80'*Ol'-tO' VtST 7~O.OO ftetT ~cnce So~t~ 80'-08°-Z0' [is~ 450.00 fee~ . thence Sogth ~'-SZ'-4O' Vest 23i.2Z ~ett: thence KorLh 70*-SS'-ZS' Clst ~80.38 ~eet to Thc Subject to ciStmtntS and rtJtrtctto,s o~ record. ~ ........~ 0 ? 890 G 8 Cgt.LICti COUNTY E2~'L'E'C 22 ~3 ~,~ OOtO00 000301 PAGE I cfrtU'y that thai attached ~l · true lad correct cop)' of Articles of Amendment to the ArticJcs o~ In~)rpO~ltiOn of CORAL RIDG£-CO~ER PROPERTIES, INC.. changing its cor~)r~te name to WF. STIKGHOUSE C(Y4HU*NI?IF, S OF NAPI.ES, iNC., · c~poratSon orranized under the bws d' the State of I~orida. filed on November 19. 1982, effective ,fonuary I. 19~'," TS'* Sbe~A by the record~ of this C~L~ co~rrY ~£CORD~ OR BO0~ 001729 PAGE ~ Oak Ddvc, Suite $00, Neples, Florlda 2-4108 Ob "Omzat~ smd (h9 locsst st I01 ~ Oft Div~ lite f,00, l~'~les, R~b ~410! ~ TO HAVE AND TO HOLD the same i~ ~ slm~le tze~. IN ACCORDANC~ WITH SEC. 1ZB-4A4('5) FLA. ADMIN. CODE, O~Y ~~ DO~~Y ~~ ~ D~ ~ PAY~ ~ CO~ON ~ ~ Q~~ D~ ~~ ~ ~CO~ TO CO~~ D~~~ ~ A ~O~Y ~CO~ D~ ON ~~ ~ D~~Y ~~S ~ P~. grATE OF FLORA (~OUNT~ OI~ COI.IZt~ IOll, jmrd C)itc Ddv~ Svlll ~*OQ 216385 OR: 2300 PG: 0144 IOC-.TI lrrlC .. ~.# Itt~: lC! CClOm't~tl XlC II1 I, tml, ~tl # I$# mE irt 3111! 'l"~$ ZND~ ~ n~e and effective as ofthe,~day ofMar~ I~97 bKween (i) BAY COLONY-GATEWAY, 1NC., a ~ ~~ ~ ~ ~~ ~ ~ m ~ ~v~ S~'~, N~Ic~ ~ ~1~ (~ ~ ~ Cd) ~~ AT ~~ BAY, ~C. a~ofi~ ~~ ~ m~ 1~ at {01 ~ ~ ~ TO I-IAVE AND TO It0LO ~ ~ In f~/rap¼ fo~n~. C~: 2300 ~: 0~45 BAY COLONY-GATEWAY, XNC., STATE OF FLOIUDA 2300 PG: 0146 ~CHIBIT lIT, AL PROP]:RTY D~.SCRI:F~ON - '1 ~ Nfel~ FJoridm 34~08 (qq4mtplmr'~ imI~mcm~~ KI°I MB2:?-.A,"~4B ~ IJ'.. a lXiwu, amlmd pfuad~ ktvi~ tn oa,fn s 'rmw hi ~ k k t eomdldm ~ to I, btq~, ~ U m k ~: 230~ ~O: ~850 btpodtJcm: As deflt~ h Sa:dou 2.03. i. ' 2309 ~ mi I]dd ~ lk~mm' k inmmut, m mad ~hat' m'niap m my hnd~ hmtd Ia I, 2309 ~: 2856 IIII IDl~lgm{{,, m4 ~,m ..tm'---_--- . .... 9 '1 OR: ~09 ~: 2858 II OR: 230~1 1~: 2859 12 OR: Z309 PG: 2860 14 s) .... ,.. ~_.,,~ of ~ css~dly h rcspcci of ~ loss of $50,000 or m°rc .u) M~ ms~, I~ c~ddcd lo m:cl~. Izi ll~ r~at o~- uO' a~rn~ m m ~ .... j ks~ th~ IM -- ol' $f00,000.00, Ih~l M~ sl]~ ~la~ ~ ~~lo IS OR: 2309 ~G: 2863 in an amot=nt no Icts than the era~ amount of ti= Swnr~d Obli~tkms on ~'ms, =pon conditions, and from a knd~', accept~le to Mortgagee in Mot't~K~='s sole and a~oktt~ d~n; tnd Mot'tS~ pm. mm to ,~:tion 2.05(a)ib') (tha "Net tnsm'anee I'rm:ash') in the Mortl~ may dea=mlm. 16 OR: 2309 PG: 286( apply~ ~t ,n7 ttma t~a wbola or an3, lm~ of0z Rastoration Pur~ to the cue~ of thy Defsult upon m: (tO) dare ~ notice to M~ or ~t .~y time roHowtns ,,, £v~t or Default. (d) In the cvcnt Lb~ M(xT~k'cc at. ks ~ or ImY P(xlJon of thc ~ F~'m:h to rcpa'y the unp4~d Sccu~d Obllpflons u provided tntbh ~__%o~n_ 2.06, ttqtcr lXymc~ in ~ull of the Secu.ml Obllgatlens, anq/rctmfnl~ ~ Punch shall be paid K) MortL~or. ,; (as lmzimt~ ~ a~ less ~ ~ sum of $1,000.000.00. ~a Moraine shall ~ ,4NX::'~:d u a ~ nail the i (e} No~ cotnln~ ha. tin shill Intwcut u'~e acaval of [nt~mt as pmvgk~___ _ in the No~ on any portion of th~ Ses:mn~ Obllpt{om to wttlch Ihe ~ ~ trc to be si~91kd um'l su~ ~ ~ a~ a,:un~ mztv~ by Mortl~ -,-4 so s=i:,pl~cd oR: 2309 PO: 2867 PmPer~ at ~.~onable tin~s to tnsix~ the san~. Mortl;a~e ~ ts~ be ItnMe to Mcn-t[~ °r a~Y Person in possession of t~ 19~al ~ wlth n:sp~ to any mat~ ~ ~ of ~ n~li~-n~ of willful mlJconduct of Mort~a~ o~ its ~ and des~nees. (o')! Mortgagor sh~ nm tnttl~e o~ acquiesce in a ehsn~ ~ ~ ~ o~ ttnd ~se Mortl~'s prior w~it~n oome~ tlxn'eto. 21 ( OR: 2309 ~: 2870 I If, I 3.0 ~. UpoQ ~ho oco.~-n~ of an Ev~t of i~:t~u~ ~ Sccun:d I ~ .,~ .c~ator oa~ asa em whk:h (I) ~ ht ~1 ~ ~ ~ ~ --~ Il ..... ' .... ~,, -~~~.~~~~' __. ~---~. .... ~, ,JtJ~ iii: ZUIJ peyable and stuJl not btye bec~ pttd. the Mofll~ may' sell. to Section 3.01(a) I~, I~e 1~ of stid saJe, m the extent permlimsl by hw, slstll be ~plled to the fotlowin~, in such order aa Mortfq~ slull, hits sole dbc:ztk~ dc~ermtm: Prt:mtptl belm:e of the ,.qecurcd ObltGttlom; s. ny accrued intcrcs:; tnd tn'y odxa' unp~ I poucsslon tbn.~of, ifnned.lm~ afar such sale. or,be ~ ~ nd M~x'tl~. rot OR: 2309 2875 no~ et ~ existinl at law, in equit7 or by mtuta. 3.(3tI ]Lci=Ltl~. lflmEYantofDefl~shaHhav~Qccurtcd, d~M,xl~,tothe eza~ pennlt~ by I~w mi wttbout rclezd totba value, a~xluacy oe ocmpmcy of the security for the ~ and ottzr sums secured Iz=z~, shill be er~tled as a manor of right iri~ Property and to collect all !~ and Pronts and s~ply the san~ u the cca~ may dtrect znd bcln~. The expenses, Including receiver's f~zs, Auortz~' Fees and age~'s oxnpct~t, lon, tncur~d PUnm'nt t° the Pewers h~eln ccmtaln:d slall be secured by t~' Mortgage. T~e r~ght indepexzk=~ tlz. fzof. Tm= M~ s~an ~ lhble to account only for such re~s, L,s:ou~ motz~ so celkcted slall n~ I~ mbsOmted for paymrnt of t~e Secmzd O~tgstlom ncr can they be used lo c,.~ tn Event of DefanlL f'R: ~09 l~: 2876 (c) Upon every such enaTinf upon oc takl~ of possc~ion, the Mortlnlce may hold, sto~, ueo opcnt~, mam~ and co~m~! the ~ Property xnd conduct ~ lxulncss Tb~ Mo~'tflF:e, at b doctlo~ ~ ~ ~ to ~be Mo~'~qor, ustty, to Ixucr~ 4.0L (~) ; TRIS MORTGAGE CREATEX A !.n=N ON TEE PROPERTY, AND TO TEE EXTENT ~ PROPERTY IX PERSONAL. PROPERTY UNDER APPIdC. A~LE IL.AW, 'I'RG MORTOAOE ('ONS'ITI=OTF~ A SEC'URITY AGREEMENT UND~ TEE UNIFO~ COM~O~R~t, CODE OF THE grATE OF CO--CUT (THE UPON THE .~"'CURREN~ OF AN ~ OF DEFAULT, MORTGAGEE MAY, AT ITS OFTION, PURSUE ANY AND ALt, RIGHTS AND REMEDI~ AVAR.A~ 1~- TO A SECURED PARTY WITH ~ TO ANY PORTION OF TH~ PROPERTY, AND/OR MORTGAGEE MAY, AT ITg OPTION, PROCEED AX TO ALL. OR ANY PART OF TI~E PROPERTY IN ACCORDANC~ WITH MORTGAGe'S RIGtF~ AND ~H~S ~ ~ECT TO THE LiEN C~,EATED BY TH~ MORTGAGE. Tis= p'a=t of a security tntc'rt~ ~ M~ tn the ~anttn~ ~ of ~,~ Mon~ s~aH not be coosms~ to ~ from or tmpab {1~ lien or Ix'ov~sk~ of ~ lt~ rit, hts of Mortgage ttn~ ~ Mort~t~ w~ OR~ 2309 1~: 28?8 (e) : It h undcflaxxl ml qrced th~, In ord~ m ~ M~ f~xn ~ cffc=:~ of U.C.C. Scctiou ~313, H m~kd f~xn ttn~ Io time, In tjx= c. vc~ ~.* ~ bxnxh (A) a ~ of ~ba ftmru to be nm)is=d, sMed ~ knutkd ,~ 31 msploymmt), but shall be tnm~t and reed solely tot the purtx~ of ,, Impmvemtbts for at least ~ (1~ days and will, Iogn:~ha' Mortgagee (whL'h wlll n~ be un~asombly ~M o¢ d~h,/~O, and ea~ rot ~ PumMt~ and Equltnnna not nm~m,/fo~ ~ oua~n~ ~ of in~l ~ (a') Mortlagx matntaltt~ · plaae of tminm in tl~ ~ sad win forth tn Ilz.~ of ~ Mortla~ I c/o~ Mczzmnlnm ~ L.P. Facsknlk: (203) ~61-2601 Kanm~ & Zavb 32~ West Mo~x~ ~'~t, ~tl~ 1600 ~ (941) Jg'Z..6411 2309 PO: 2882 Mortl~ and all obligations secured hetz~ and all covenants and alxzzsa:~ set forth ~ ~ govunml by ',nd slan b~ o:mmmt h accord,~ wi~h ~s~ into'nd law offs: Sta~ of (.) the law of Iha Sty= tovcrns paxzdm~ for cuff. h th~ St~t~. wtthout I~ the ~ of a recetve~ and an act~n for Mort~[~ may e~for~ In ~ wt~ ~ law, an,/or t~! f~ and if Mortpgee dnatns a ~ ~ c~k~ the I simdfimny set fm~ h ~b~ trna l)omnms. ,309 ~3:2883 ~ ~ EACH OF MOR'FOAGOR AND M~'n3AGEE HEREBY tRREVOCAm.Y WAIV~ ALL RIGHT TO TRIAL BY JUitY IN ANY ^crto~q. PROCBED~O OP. (:O~ (WIi:STHB~, BASED O~ ~, TORT OR: 2309 ~: 2885 Jl I bdm~f ~ MARBEEF..A AT ~ BAY, INC., a Florida corporation, ~o_~ rally k:amm to me~hu W,~__~ (rote) driver's license n~. t (AFFIX NOTARY SEAL) (T'nk ot Rank) III .... I .... 2309 I)G: 2886 PJ',A/, 1~O FERTY D~SC2ZlVTI OH ALL /~I~AT PART ~F' JI~RCE2. "~ AS ~ ~ IHE PLAT ~ ~ gAY* · ; I 0~: 230~ ~: 2887 C.. Z30~) ~: 2888 em ~mts of em Work, upon tbn satisetction of oondltlom su1~ant~ly s~ m ~ ~ (e) ~(O~~~~~°t~~ of ~ ~ ~ of ~ f~ ~, ~ ~ ~ ~ M~ ~I fall h OflJcid ~ Book Il, i'np 6 tbnmui;h 13, i,,Ublic R4s:unis of (;uttier OmunlT, lqOr~L 11. Mmm ~:d m that cn'tda survey dsasl Alx~___22~ l~r, kst wflsM m April 29,___, m (,_ 2~09 ~: 2890 OR: 2~0! 1~: 28~i2 KXH~T A TO UCC FnqANg3HG STATEMI~F L 'T'flat ~ ru~ 12e~xnrt~ located in b Cou~ of (h:dtkr. md Sm= of F1orkh ~.4,5 more pm'dculm4). ~ in F..sbfblt~ u dsls t..'C~ ~ ~ ~ wi~. dasmds h and to iht mine. and dm fltlsts of Deb~ h ssd m the bendlts o('m2, coudMem. 0~: 2309 l'O: 289{ OR: 2309 ~: 2895 (6) off s~u~u em,/ 6fne o~ f~m time ~o ~c o~ dcpo~ puff ~a. fl~ to ~m cer~n FdcTow ~ ~ Ain:cma~'*) ~cxl u of'l~.rr l, 19,77, 19~7 smo~ Deb~, 5ecun~d Party and RL~tI~ tnd .~. hx:l~Ln Inves~ (~l aer~n~xl ia tumid E~ctm~ Ai3~tn~m~): {7) ,~ pexxxxL, ofm~7 ofe~e fcxt-~a~l, iocluai~l, wltbo~ ILmiL~:ic,~ procxect~ the fc,~te~ Nt/M.~Lm pl~ m4m NCrFICll OP COMM~q~ C~Bd~K:B~mT. m~mmm, k~ bm m BmmdUd k~. 4 J~ mmm ~ b. bm~ dmm~ L '~ PnlmMm imm (Wi r4mk, lk~ 0mmkm OmNew. k. &lMm M PWumC~mm~ldlMI Tdq&mot~ ~sq:m. mm ICX:Nqr(]Q~ lC]ND I A~'rAM O Illl~O M ~ J Immlmi m4mlel kNim~ {~. %11m II. mM Ilblm~Mmm oB)mi Td,mpm I~k: CmS~ ~ 0L: 2309 I~',~AL IvR. OI~3~FY DESCRIY~ON ~ MC~M I5'3S'14' KST ALDMO SM:) ~T LI~ A ~ES'rNCE: C~' ' "' ";,~,.,~v;...'~.d ,,o ~. ,.,, ~, ..... .:0,,~,. ,~,, OR. 2309 ~. 2900 ~ PEIU~kRMANC~ AMD PAYMEHT ~ KNOW'ALL MEld BY THESE PRESEt, 801 I.,numi 'Ddt Odwk Sub 102 3 ~ PIm:a, S~d~ :250 ~ Building: ~ m4~w,r; l& ~ f~; TypiJ I go~sh'u~do~; ~ R4 i e C~: 230~t ~: 2~01 immm d k Imw,mtd.mm, pm 'T~mi jqm~llg~ i _ _ _~. i~ 6Pm M ~m ammm~ mmfd mgm~. amid dsmum kmmaam~ mmmmm~q~mt &dr~ O. #cC~qlm~y, C~w~mto~b~r H. #msc~lLuo, LmCT~I.Te G. I)~tT, An~tX~M D. lJ4J~, I. ~:ami~t:,M~ou, ~.I.TLoI~ ilo I~Ltb, EJc~otby J. mt' lsd f~'Tam~ I. gL~brttt of At~.&~, ttt C~: 2~09 ]~G: ~}Z ttt mM ~1 m, Jmmmm~P~m,N~Immammmm~ f~m..m,dm ' i~ Imm, ~-- ,w Ommmmmmmm arum d~. f. m I A~ACUMEIlT C ~LO_~f~_FOR Tile EXTZItGUZSIIMENT OF PUSLIC D.~~_RECOROED BY SEPARATE ZNSTRUHEIIT ~_THAN Oft A SUBD~V~S~OIt PL~TI Oil UUP~Q ~'.ED LANDS. EXCEPT FOR PUBLIC ROADS Date Received= Petition #:~V- PetitJ. oner (Owner]= ~arbella at Pelican Bay, Inc. Address:~ak Orive~ 1500 Telephone: 961-597-606L cit¥/atate:._~L Zip Code: 3~iO~ " Aqentz. I. eland~Sard Address:_~_-~L~L~ Pine Drive Telephone:_~_41-967-2G00 city/$tate~__~~rinRs, ~ Zip Code~ 3613q Location of subject Property: Pelican'Ba7 on: Section ~ Township 49 South Range Zb ~as:' Locati ...... Legal Deecription:~_~ Parcel C-1,_P~I}~n B~y B~nd,. ....... _ , - ' bIfc Records of GoiL~er ~ouncy, official Record Book Page(s) Reason for Requeet:__~xistinR easements bein~ vacated and be~nE ~DrainaRe Easement. Current Zoning: ~ Does this affect density? No I Hereby Authorize Agent Above to Represent ~e for this Petition: Yes~ No __ - Please ~ee "Policy and Procedure of Vacation and Annulment" for the list o: supportive materials which must accompany this petition, and delive: or mail tel Transportation Services Collier County Government Complex Naples, FL 33962 Telephone~ (941) 774-8494 ~: a~plicant is a land trust, indicate the name bene:iciariea. I: applicant ia a corporation other than a public corporation, indicate the name o: o::icera and major stockholders. (3] If applicant is · partnership, limited partnership or other business entity, indicate the name o: principals. (4) List all other owners. ACL IHAT PART OF' PELICAh BAY IMP~O~MENT 236, ~D AS 9~ ~LINEA~D RE~D[D ~ P(AT B~ ItL PA~S 5 ~ I~ ~ ~C~DS ~ C~L~R C~TY, FL~DA BErG U~ PA~A~Y EAST 73.~ FEET; ~ENCE {EA~NG ~lO EAS~;RLY L~ RA~US ~ 20~2.B3 FEE~; ~H~ ~S~Y ~G ~)IE ARC ~ ~ ~c~AR ~R~. IIIR~ A CEN~ AN(~[ ~ t2~1'~9' I~ER~CII~ ~fIH A EAgeRLY LINE ~ DfO~ LA~S AS ~5~BED IN ~F~AL RECTO g~ 790. PA~S 1814 ~R~ 1815, FL ~OA; AF~ HAUNt A RA~S ~ I97g. B3 FEET TO A P~NT ~ TAN~NCY; AINA~ EA~UENTS TO ~ VACAIED F. Zll [ I~[T #A" ' ~,~,~,~_~RAINAGE EASEMENTS TO BE VACATED SEE SHEET 2 OF' 2 5K~T H~ F~INA~E EASEM£NT_,~ [0 BE VACATED ~ 7 TEL: Apr 29 97 12:26 No.010 P.O1 £OLLIER COUNTY GOVERNMENT U E E SEI~V~CE$ DIVISION 2800 NOR'I'I! HOU,.~ESIlO£ DIIIVE N^PLES, FL .~.~942 April 29, 1997 Mr. Edw~trd Crriffith, P.E. WCl Commurdfies 801 Laurel Oak Drive, Suite 500 N,,plc~, FL. 34108-2?97 RE: Marbella at Pelican Bay We have rcvicwcd thc proposcd vacation of the P.B.I.D. drainage casemcnt as shown on the plat of Pelican Buy Bend, Plat Book 2g, Page 16-1 g, and have '~'No Objection" ~o the ~roposcd ~acation, provided thru I~e necessary replacement easement is gra~t~l at thc timc of thc vacation. Ill c~n be o£any further as~istnnc¢ to you in this r~g~'d, pJe~c lei mc know. John R. Houldamorth Seaior Engineer cc: Ru~s Muller COLI R COUNTY GOVE NT V (~,$_D~¢ISION April 24, 1997 801 LAUI:LEL OAK DKIVE SUITE 605 NAPLES, FL 34108 (941) 597-1749 FAX (94 I) 597-4502 Mr. Stephen Pierce, Esq. WCI Coml~unities, L.P. 801 Laurel Oak Drive Suite 500 Naples, Fla. 34108 RE: Marbella at Pelican Bay Drainage Easement Modification Dear Steve: In accordance with our discussion this date, my purpose in writing is to advise you that the Pelican Bay Services Division has reviewed and approved the relocation of the drainage easement for the above referenced site. As you know, I am currently processing this application which must be scheduled before the Board of County Com~issionsrs of Collier County for consideration. I anticipate sched~tling this on a County Commission Agenda in the i~mediate future. I trust this information will be useful to you and if you have any questions regarding this matter, please let me now. In the meantime, I remain Yours sincerely, PELICAN BAY SERVICES DIVISION --JJames P. Ward Division Administrator JPW/bcs ADJACENT PROPERTY OWNERS WCI Communities Limited P,artner~hip 801 l~urel Oak Drive, Suite .500 Naples, FL 34108 Tax Folio # 66679020905 WCI Communities Limited Partnership 801 Laurel Oak Drive, Suite 500 Naples, FI. 34108 Tax Folio ii 66679020756 CoLlier County R-O-W Calais at Pelican Bay Homeowners Association, Inc. (common area) 7064 Pelican Bay Boulevard Naples, FL 34108 Tax Folio ii 25117500009 Pelican B~y ofN~ples Fouzdafion, Inc. (berm) 6251 Pelican Bay Boulevard Naples, FL 3410~ T~x Folio # 66679020756 # 66679020757 C_x~Ii~- C. aamy (co--ion ~r~) 3301 East Tamiami Tra~ Naples, FL 34112 Thi~ le.s~m~m Prtl~a~d by: 2163850 OR: 2300 PG: 0144 UCO~IO 1~ OHI¢IA~ UCOI03 of COLHil CO,IH. co~s ~ooooooo.oo 00¢-.~0 ?0000.0~ ¢0H15 1.00 OUITCLAIM DEED THIS INDENTURE is made and effective as of the,,$5"q~day of March, 1997 bet~veen (i) BAY COLONY-GATEWAY, INC., a Delaware corporation (being the successor by merger to WCI COMMUNITIES, FNC., a Delaware corporation), having an office located at 801 Laurel Oak Drive, Stdte 500, Naples, Florida 34108 (the "Grantor"), and (ii) MARBELLA AT PELICAN BAY, INC., a Florida corporation, having an office located at 801 Laurel Oak Drive, Suite $00, Naples, Florida 34108 (the "Granlee"). WITNESSETH: That the Grantor, for and in consideration of the sum ofTEN and No/1 O0 DOLLARS ($10.00) and other good and valuable consideration, cash in hand paid by the Grantee, the receipt and sufficiency of which are hereby acknowledged, does hereby remise, release and quitclaim to the Grantee, its successors m~d ~ssignl forever, all such right, title and interest as the Grantor has in and to that certain parcel of feral property located in Naples, Florida, being more particularly described on ~ attached hereto and incorporated herein by this reference (the "Real TOGE'I'~LER WITH all of the Grantor's interest in all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. TO HAVE AND 170 HOLD the ~,mae in fee simple forever. OR: 2300 PG: 0145 IN XVITNF_.SS WHF. REOF, the Grantor has executed this Quit Claim Deed as of the day and year first above writtem. Signed, sealed and delivered in the presence of.' Name Printed: O.~,~, ~ BAY COLONY-GATEWAY, INC., a Delaware corporatLo.n Serfio?%'icL~President STATE OF FLOR. IDA COUNTY OF COLLIEP, The foregoing instrument as acknowledged before me on this ,~5~'S'day of March, 1997 by George R. Page, as Senior Vice President of Bay Colony-Gateway, Inc., a Delaware corporation, on behalf of the corporation, who is personally known to me or has produced identification. Notary Public Printed Name: My Commission Expires: k rue g~ac p'~,m ~oe II a~lcde~d, doc OR: 2300 PG: 0146 EXHIBIT REAL PROPERTY DESCR]PTION ALL THAT PART OF' f~.ARCE~ °C' AS .~HOWN ON tHE PLAT OF P~I. JCAN BAY UNIT ~N. ~ RE~O~ I~~ PLAT ~ 18, PA~S 5 THR~'~ PUBUC R[C~DS OF ~ COUNt. ~IDA. BDNG M~[ PARDCU~LY D~B~ AS FO~.O~. BE~NNING AT ~ NOR~EAS~Ly CORN~ OF ~lO PAR~ 'C' OF P~T; ~EN~ S~ I0'32'~' ~ST ALONG ~f ~S~LY LINE OF PAg~ 'C' A DISTAN~ ~ ~g. 90 ~T: ~ ~A~NG ~AID ~S~LY UNE S~ 82~3'~4' ~T 601.62 TO AN IN~C~C~ ~ ~ ~S~LY UNE ~ ~OSE ~NDS AS DSS~IBED iN ~AL RE~D S~ 1770, AT PA~S 1288 ~ROUCH 1289. PUB1 lC RECORDS ~ ~ ~N~. ~IDA: ~EN~ N~ 02~'~' ~ST AL~G ~ ~S~LY UNE ~ ~lD ~NDS A DISTAN~ ~ 2~.Og ~T ~ ~E ~QNNING ~ A ~R~ ~R~. CON~ ~S~LY ~O HAWNG A R~IUS ~ 71.~ ~T; NORthLY AL~G ~E ~C ~ ~O ~LAR ~R~ ~D ~ID EAS~RLY UN~ ~R~ A ~AL ~F ~ I~42'17' AN ARC ~STAN~ ~ 2;.94 ~ET fO A P~NT ~ TAN~C~ ~ NORfH ;538'~4' ~ST ~ONG ~D EASILY UNE A DI~TANC~ 182.96 ~T TO ~ IN~C~ON ~ ~F NORTH~LY UNE ~ SAID PARCEL 'c~ ~ ~AWNG ~O ~S~Y UNE ~ ~lO LANDS NOR~ 79~7'02' ~ST ~4.40 ~T TO ~E P~NT ~ BE~NNINC ~ ~E PARCFI Hf'RFiN DE~RIBED; C~T~NING 5.~08 A~ES ~ ~O M~E ~ LE~; SUB,CT ~ ~A~MENTS AND R~S~ICD~S ~ REC~D. i I · ~0 ~ ~ and WX~X~ A. ~, JR., individually, her~lflafte~ ~kle4 , o2 florida, hm~r ~l~d ~:'~'L · (~XO.~] ~d o~er ~ and valu~ll ~nlt~ratt~, '~'~ I hl~b~ I~Wledgld, ~ Salient for dg~nagl t~GIC/~) .~e P~l~li deac=~4 on Z~XBZT 'A' a~ ~to ~d ~ a pa~ he~o~. ltlolf, Its luck/aura ~d aamignm, to ~intain said easemnta or egress o~ G~, ~eir muccaliorl ~d ammt~m, or ~ o~ir pa~y ~q~rinq aC~ll ~ ~y ot the properties ~lr/~ ~ch lakd easements ~ 9r~t~. In the e~nt G~, rtl succesmora or 4aat~a, Ihall ~' fat1 to uae ~l iaaeMnt for the pu~oae · ' ~ta luc~a~o~ or ultra, IhaXl vacate G~, ~etr iuc~aao~ or aalt~s, ~all ~ eatd vacatZon, ha~ ~t rtght to ~mqut~ G~Zt,;tta wuc~aao~ or wrlt~. ~ Si~ld, milled ~d ~l/~d' Trustees Under the Will of ~lea bkllA~ H, I Li to the ZJtate of larrc~ Colll.r. Jr i : ~,., M to No~ut A. ler'ruu ~ , . ,~ g zrmc~nt ~d eckn~ledged before M tha~ ~ exerted ~ sm f~ly ~d ~lmtaril~ for ~e pu~se the~tn exp~iaed. ~scr/~d iff ~d vho ese~ed tho a~fl~ledged bra. N th,t 0~ exerted % M ~lmtir/ly for the pur~so I I ~ ....... ..... ~ ..... ".;: _ · ."..... . 2. .' . ..' ::...'. .. ,: ..~ ~,~'.=, j~ ?/.;~:: o.~,j~ - . _ _ t' /-'-.."' ".. ~/k The t J~J".'. ~)' - I1 ~ -- . ' · 117{' .......... d~ kf,,r, me Jhll I I~ .'.- ."Z":'--' gL~tely sfld volu~taril iedged begore Be that he execut -- J.'.. ......-.... Y for ~he u ed t '%~"~"' ...... "' ~ ' Jl * , , ~ ~k..~ ~,w.*,,,,~e~J and acknowJ ~--a -,, ~u ~ executed the ' '" ' ' p~aoed I [ ..: ....... ~'.~ ~ · ........ ~.~".":~ :. · _ //..~ ~ .', ~ l~ --- '~i=~el' ~d 2adged ~' · ~ r'" : :":~ ' ~y :or the n.~ ....... d " / '~.:....? ' .~:.'.-/ . . ...~ ..... ~.:~:.::...... -.~ ,_~.~..~..:~ .. . ' ' 1 .... +' :''' 139 ~ of ~d~ ~n~ ~ 49~0.30· bet. i'dLec,~ of 295.04 fe4tl Wo~ ~42'5S' ~t. a ~s~ of 40S.00 feet ~o ~e ~L~t of 4 ~X~tmlFA t I 1 ! ! 41 thence ~ 00'3~'42' ~est,.&~on9 }' of a c~ ~ve to ~t Sou~easC ~ ~' alonI the ~r(: o~ said ~m ~uqh a central · [-I ~ ~,. angle of 07'34'30', a dlatance i ':'-'' ~')' ' begLnn~g o~ a m concave ~ i ~[ con.al ~la et 07042'4S', m ~Sstmnce ~ .~' tcet tO ~ F~n~ OZ Beginning, - ~.'.' ~ '.,~ .~ :.. . · ~~;~. '(-~.' .. , '. · ~" ~~;~',..=. / , 64'03'00" West. a d~ltann et X2O.O0 M [ thence a,2.h 2S'ST'0Q" ~lt. I distance of ~S.44 ttte~ ~ ~e PoLn~ of BegLflnLn9 et the ~' herein d~tscr~d pa~eL or land, said ~inz ~. being ~h~ beveling of a ~ ~ca~ Lo ,.. 6aid ~i:~t a radial l~fle ~l~ ~u~ ~; ~ ~3~u~ a c~tral an/lo o~ 23'1Sf20', a d ~. ?3.00 fe~tl ~ ~ 17'11020' bat, i dAIe .' ~.~. tan~ o~ S3.37 f~t to ~l ~gLnntng o~ I ~ ~ No~ hlv~n~ a radius of ~ feet and I ~L angle ct 230~S"20'j t~flcl ~, ~ll~erly, II=g t~ AFC O~ laid cu~, I dLs- ~. tlnfl Of 317.4S festa thence Sou~ 2SoS7'00". to eaLd c~, I db~nce o~ ?3.00 foeC ~o ~ Point o~ kg~g. ~.~... ///~//* .. I · · I , .' ~ ......... ~ ....... 5 Z ". ."5"-. "=.~Z ., .'790 A ~aFcel land in Section 4, ?.ov~.lhtp 4! Sou~h, ~nge 2S oneohaXf (V-~/2) of said Section 4l ~ence 00037'42, ~l~, I~g ~t ~8~ lifle o~ ,ai~ ~h~ lm~ tm.22*Im- wem~. a distance o~ 1127.02 120.00 fset~ ~en~ HO~ 13'27'00' ~es~, 8 ~o of :}3.4J ~ltt to ~e ~n~ of ~ginn~ng o~ be~ ~o Mi~ing of a ~ concave ~ ~ia ~,Ln~ ~a~ Sou~ X3027'00" ~.~r ~eflce Westerly, aX~V the 0~ of said ~e, ~ugh a cent~l at]qXe of 12'51'S9'. a d~s~ce of ~qL~ o~ a ~ c~a~ ~ ~e North ~avxnq a radLu of ~JY9.I2 fttt ~d i radhL XLn~ ~ ~t ~u3 .u~ OOo2S'Ol' h.t: ~ al~q ~ ~ of said ~, ~ a central o~ x~esxoslJ0, a d/s~ of 444.SJ feetj thon~ . lX~ ~X ~ saLd cu~. a dLo~ o: /J.uv · " E~IGIT A I ! Il It 11 t LEGJ~. DLSC~IPT ION D£TF. KT~Ofl A~ i A partll of 1stol tn Stttn 4. Tmmshlp 4t South. iin~ ZS hst, ~111tr conttfl~ ~I'-I&'-~N al~I ~Sd ~ 11N for 24&.~ feet; ~. ~S'-23'-17'~ fcT ti. TI tut& ~ ~'-ll'-~3't f~ ~S.~ fill h u Trail; th~l ~o-~'-3SOL I1~ slid kit R~ght-of-~.~ !1M for dl, ti~Ca O~ S~.SI fent~ th,hca South 82'13'1B' WenS, · d~ltanc8 o~ 271.34 fees to tha Point o£ Reg~nnLng o[ the herein delCr~bed pacCll of land! distance 1:urth 34'39'35 ~hence ~ 1100~'3S' Eit~, a d~s~ance ot 224.89 fCl~J ~Ct 120,00 fl dista~ ot ~73.00 fee~ to ~/~/~' Co~ It ~e Northeal~ ~rncr o~ ~e ]i I I~ ' ., II I 1:2..'- il ~:,... ,,.. ., O[TKKTION ~ ! SYST[J~ Ill ., .3[t0 ~181~ A parcel of la:~d ti Sectto~ 4, Tov~shlp 4! South. Ibnge ZS Iisi. Collier C~C[ It ~1 ~ellt c~lr of ~ ~thelst one-~trter of said , · f~ t~ cheer of Sl~d ~ Ko~fl~IY II~g ~ am o~ sst~ ~.~1 I radius Of ~1.~ feet ~ I ~t~i pg~l or ~ -,~ f~ lZ7 4S frill ~e -~e 4~ ~ dr~ +~ ~ O~ slid ~ ~CI '~'*~.'~ ....... --~ ,-- its el~ts E~ZnXT A .i A parcel of land in 5action 4, Tcumship 4! South, R-r~ ~o~nce I~ the Southeast ~er o~ the So~ onm-qu~a~ (~-~/41 o~ file Soc~ 41 ~hence c~a.~ ~ conclVl ~o ~ Ho~o~l thence ~sterly along the arc or s~ ~ having ~or l~ elemn~u i rn~i~ o~ 80,00 ~t ~ & centctl angle 24'30'0~" ro~ 34,2~ ~eot el ~e ~t o~ ~eflca Mo~h 66030'00' ~eJt for ~t.10 fecal ~h~ce cu~a~ure o~ a c~aF c~ ~s~ to ~e ~or ltl Ile~n~l a ~ad~ o~ 14.~ feet and a gencZj ~ence NotCh 0Soilo~o" Wee~ ~oc ~42.03 ~ee~ the poin~ o~ ~l~e o~ a c~ ~rvu ~n~v~ and I central ~qll o~ S1*23'43' ~r 75,35 ~eet to ~n~ o~ ~nql~J ~e~cl ~ ~6°OS?3".East ~or 383.3~ ~eet ~0 ~e ~int o~ cu~a~ o% a c~rcu~aE c~ ~n- ca~ ~ ~e No~o8~I ~ N~eastecly al~g 26,00 Eo8~ ~d a ctntra~ ~le ~ 3i'05'~3" for ~la~ c~ c~ca~ ~ ~e ~u~tJ ~eflce H~ 38'~4e46" ~st ~cr 236,~0 ~tt~ ~ ~t po~nt o~ ~l~l No~itet~y along ~e a~ o~ ~d cu:~ having for its eleMnta a radLue of 14.00 feet ~ a central ~qle of XOe32~4Xe fO: ~S.4~ ~eet ~ ~e ~in: o~ tanqen~l ~nce Ho~o~rly along ~.~ o~ sold c~ havin~ of ~'at~ of a cir~l~ ~ ~ca~ to W ~lt3 ~nce Ho~l~lY al~ ~e acc o~ m~d 181.31 ~t ~ ~t ~int Qf ~ Of a Cl~Ular ~ ~ ~ ~et ~ (lZ.~Z z~c ~u.~t' ~.nc. ~e~trly ~f~ ' ' .'.~ e ~ o~ .~d ~ ~ ~ for its ~lmnt~ a ~:~.'~[~.,:,.. ,= ?. '.~- ,~,,t~ . , ' ~~..~..,~.:, · ~. ......... . ...... ::.:198 for ¢7.66 feet to the point of tnnWncy! thence gor*h lli0~ll]I Ella ~or 4~0.XI f~ to ~l ~tn~ o~ ~rvlt~rt o~ I c~ir cu~e coflcl~ ~ ~e ~oc~hvtit~ thence of IS*SS'lO' tot ?.22 ttl~ ~ ~ ~n~ o~ ~enc~ XoRherly al~g ~ ~ of utd curve having for ~ 41e~n~l a radius of 14.0~ feet and a central F. '* o~5~'42'4l" to: 17.54 t~t ~ ~l ~nt ot , ~ 34'37'S1" =aa~ for 201.~ fKI ~encl Kast for No~a 12'S1'2~" Zest tr~ the ~ o~ said having {or LU eloMflta a ~u o~ ~00,00 {eot ~d ~or 237.34 ~Ntl ~l~e S~ 34'37'51' nest for 200.31 feetj ~eflce Iou~ 44'04'34' ~st ~r SSi. SO feetp Ho~h S4023'33" Eii~ ~or 3J?.~ ~ee~l ~ence So~ laid ~t thence Southerly a~ng ~e arc of laid c~ ~ng for t~ ele~U a ~ of 1260.00 230.~1 ~eeC~ ~ence ~ou~ 02e2~'31' West' ~o~ 20e.~ " sou~ O0'35'01" East for 532.53 fe~ ~l~ct Boq~ f' 147.05 ~eet/ ~ence Sou~ S4'Ol'5O" Went for 204.S5 [," Wes~ ~ S0.41 root] ~enn Sm~ ~0~4'13' Wes~ ~or. 630.97 Zeecr ~n~ Sou~ 14'29~27' hat Z~ 330.34 feets ~en~ S~ 09'59'40' Hilt f~ 373.60 fetal ~ ~u~ 4('0S'03' Melt for 347.67 futt ~ce East for 307.?0 242.i3 ~eett ~.flce Snu~ 74'35'23' weet for Xl4.1J ct ~vat~ of a circler ~ ~a~ to ~ho ~ ~euterly ~long ~e ~ o~ laid ~ havbg for t~ ehmflU a r&d~u of )O.O0 hot and a cen~al ~t~ ~LnC bearing ~ ~'33'Q00 ~at f~m ,:,... O~ mild ~ having tot 11~ eteMnt~ n radius of · ~:.; ..: .~ ,..:, ;~-~.. -~., ;~. , :.,r. ' ~/~,. ~. :...:'~....~. ;~.. .... . II I1 ii 11 .I I1 I m -' FOr 3~6,76 ~ 9,34 t%.' ! .! .5 EY~ISIT A , ~***.,. m;~. ,' °-~ o~nc~ at ~e Sou~as: co~eF of O.eFAM. a~g ~e ~ o~ ~d .~:~.~_ra~ o~ :e.0e to.~ ~+ .,,'~ ~_ ~ 4~ N~ f?r 2S5.11 feet ~ ~ , ~ltC~ ~n~.lO~rly al~v ~ ~v~fl9 cot Xtl ele~ts a radl~ ~a c~atral ~gle of 2~'S0'53' ~or 10.~2 feet to pO~ O~ ~9mfl~/ ~lnce NOF~ papal ~ l~d~ ~ence c~nue ~o~ 1J'22'1{' Wee: ~" ':' for ~4.S3 ~eet ~ ~e po~n: o~ ~a:~t o~ a clrc~ o~ 40'3i'22' for SI.S3 feet to ~e ~Xnt o~ aou~ 07o07,000 hst for 151.~4 feetr thence Sou~ ~ace Ho~ Ol*14'Oa' h.t for 104.20 faetr ~enca e. EXHIBIT A U "-";202 point of ~tu~ et a ci~ ~ concert to ~ having ~or Ltl IhwO ~ a ~tcl~ ug~i et 30'40'41' elemn~l a r~d~ o~ 2&.GO feet ud I ~ntral angle o~ 230S0'S3· for 10.12 f~t ~enfl No~ 31o22,14· ~sC f~ 377.43 ~et~ to ~e ~e a~ o,~ laid ~4 ~vinq of 14.00 feet ~d a Clnt:~ angle of 4Go3S'22" for Ole~4°0i, ~lt ~or SiS.i? ~eit cin~a~ ng~e o~ 31034'30· o~ 24.0~ ZHt ~d a ~n~ ~gle o~ 2SeO('aS' ~or 14°42'12, hit for l?S.00 tee~ No~ 14'42'12' Eats ~or 90,35 feets thence North ~///~ D~laff A II !1 II II II i II I ! --.'203 L£G3~L O[SC~IPTIO~ A parcel of lnfld tn Sectto~ 4, T~shlp 41 5Quth, Range 25 list, more plrttcularl~ (lescrlbed is follovs: CI31~[NC£ at the $outh~st romer of the 5outhe4$t one-qu4rLer of sal~ Section 4; thence ~9*-i6'-35"[ along the ~uth line of ~itd SoutheisL ofle~uir~ f~r 344.gs feets thrace !~'~0'-41'[ lee 171.17 feel to the potnt of cu~iture of a clKullr cunt C0KiYI t0 the ~eSL; thence Hortherly lloflg the I~ of said cu~l Mvin9 tu~ its el~nts d rldlus Of S7S.OO fee~ and I central aflgle o~ 2S'-21'-13' ~or 254.44 (eel ~tn& of &lngenc~,~ thence flIS'-40*-3Z~ for Z06.~S (e~ Lo the ~lnL curvlLu~ of I titular CO~I ~flclve to the $ouLhvest; thence Jlorth- westerly II~g the a~ or said curYc, hying for tLS eleNer, tSd O~ ZS.C~, reel lad I centtil ingle of 8/'-IZ'-Sl' for 38.0~ feel to ~inL of begfnnJng of ~he herein described parcel of land~ thence c$~ulir cu~e concave to the ~rth~st slid ~lnt bearing from the cente~ of slid cu~e; 'thence rbrthe,sLerly along the irc of s~ld cu~e having for Its el~flts ~ rldlus of 883.84 feel and i af191e of 58'-11'-09' for 897.57 feet a thc point or tlntcncy; thence N18'-SS~-ZT'[ roe Z56.64 feet Lo tb NIAL Of cu~iture of I circular CU~I conclVt to the ~utheist; theflcl florthelsterl~ along the arc of said curve having for Its elmflts a radius of 1Z60.~ feet and a central 1f191e of 70'-ZS~-~" for 1548.78 feet ~ the ~lnt of taA~encyl ~9'-Z1'~5'~ ~or 317.07 feet to afl lfl&ersecLt~ .lLh the ~esL Right-of* Mly lifl~ o~ U.S. 41 (TiBtiml Tr411); theflce SQ*-JB'-5S"[ along ~itd Rt~hk~f*~4~ 11n~ for lZO.H feeL; ~ ~'-~'-0~ for ~17.e7 feel to the ~lflt of cu~ltu~ of i c~r~lar cu~e concav( to the Southeast; the~e hu~eshrl~ Ilag the I~ of slid curve hivlP9 for Its I rldSus of 11dO.~ feet Ind I cenLrll ingle of 70'-~5'-38' for 140~ feet to the ~nL of tlflgenc~ thence S18'-55'-27~ fo~ 256.64 reel ~l ~lnt of cu~ltu~ of i c~ullr arve conciYe to ~he North~st; ~ b~sarll along the irc of said curYt having for tls B rsdlus or 1~3.a feet and I ce~tril &nile of SS'-II'-0~' fo~ 1019.43 f~t ~ the ~tflt of ~g~nfliflg. ~/~/~ Revised OcCo~r 31, 1978 CTR ~oid II L [.GAL D[.$CRIf'I IOtZ PELICAJI ~'~T BGULLVM~I I~',,RTfl Of UfllT Ofl~ Il A parcel of lend in Sectlon ¢, To.ship 4! South. ~n,je 25 [isL. Co%lief County, Flarid,t, m~ ~rttculirl~ descried ~s folios: C~t[MC[ at t~ ~uthflst co.er o~ t~ ~th~st ~-~er af said Section ~ thence ~g'-16'-]S'g for S]~.~ feet; ~ce for 230.C! (ee~ to the ~lnC of cu~atu~ of * cl~ular ~e concave to the East and tl~e ~tnt of beginnJ,9 of the herell descried HKtl of lind& the~e ~rCherly tl~g L~e arc of sitd cu~ h~¥Jn~ tar tls ele~nCs a radius of 2ZOS.72 feet and I central ingle of Z1'~'-13' for feeC Co the ~n~ of ~ngencT~ thence ~]'-SS'-ZS~ for 1;6.1~ feet to the ~JnL of cu~atu~ of a c1Kular ~ conca~ to t~ th~Ce ~r~sterly along the a~ o'f said curve ~ein9 for ?ts ele~nts I radius of 121S0.~ feet and I central dngle of ~'-SZ'-ZS' for 744.94 feet to the ~nt of Langency; thence fl2S'-S7'-~ for 781.94 feet to the pater of Cu~atu~ of I circular cu~e conca~ to the l~rtheast; thence Nort~sterly along the arc of said curve la~tng for 1ts a radius of 11a0.~ feet and a cee[ri1 angle of 33'-U4'-~' for feet to the ~nt oF tingency~ thence ~7e-07'-~ for 372.37 feet to the paint of cu~itu~ of I circular ~e conc~ to the ~est; thence Northerly along the I~ of said cu~e hi,in9 for Its el~nts a of 2937.14 f~t and a c~tral angle of 20'-34'-~' ~or 105~.30 feet to the ~?~t of tam~cy; thence ~113'-Z7'-~'~ for ~7.31 fee: to the of ~aLu~ or I ct~lir cu~e concave to the bst~ ~cnce ~rtherly along the a~ of s~ld cu~e Mv?ng for ils el~ts a rsdlus e[ 1140.~ feet snd I ~ntral angle of ZB'-3S'-~' for SSS.~ feet to the ~tnt of t&ngency~ thence N1Se~8'-~'E for 1~.61 feet ~ ~r ~lnt of cu~ature of a titular c~e c~Mve to the gest; thence ~rth:rly along the arc of satd cu~e fraying for Its el~nts a radius of 1320.~ feet and a central angle of ~ae-SOe~" for S72.12 feet~ t~ S~'-I1'-~ for 120.~ f,t to ~e ~lnt of ?ntersectt~ ~lth t~ a~ of a titular cu~e ~n~ tn ~e ~st. the 1asr d~crlbed cm~e being radial to sa~d curet ~ce Southerly along the a~ of sat~ cu~e ~vtng for el~nts a rad~ of 12~.~ feet and a central ~gle of 21'-50'-~' for SZO.!l feet ~ the ~lnt of ~ngenc~; ~ence S15'~'~ far 1B6.G1 feet to ~e ~tnt of ~ltu~ of I titular cu~ c~ tn ~e th~ce ~utherly 41~g the I~ of said ~ ~lng for tis el~nts red?us of lZ~O.~ feet and a central angle of Z~-3~'-~' for feet to ~e ~tnL of tangency; thence S13'-27'-~"[ for 337.31 fee: to the ~lnt of ~atu~ of a circular ~e con:a~ to :he ~sC; thence E:~U~ A m Il ' e ...'/'JO .,,1822 or ~817 14 f~ ~ d cfi'--' ..... , - o ' rddlus ~t ~lnt o~ ~ln i , ' · ee~ to ~ ~ce S7 -07 -~ for 372.37 fe~t to the I~lnt ....... ~ . ~S -S7 ~ [ for 701,~ r.~ to the In --.-- ~1~ a ~1 ~L~SL~ thence South. ' rll anglo Of J~-SZ -20 for 6;3.9J (eot to ~ ~fl~.~f ~ ~ S7'-~'-~8~ ~or ]76 17 feet ~o t~ ~L of ~lir ~ ~ ~ ~ ~st% ~ence { angle or z] ~ -13 ~'-SS' S~ t~n ~ ........ for ~2.57 feet; th~ EXHIBIT A .j C:OLL~R :OLa(TT Im F[~ 23 Ntl', kO OOi~ltl VXTXtS~TM ~£%d m~ vio, s~w(I wf.~Nf~ wr~t+Mun nol~oo 1~ ~o ~a% 111.4tl oot~ll ooo236 '- I I I i I I Ali them pert or mectio.q 4, ?ov~lhip d9 Io~th, tan~e 25 ~mt. Collier County, rlorld4 ~t~ uor~ Particularly ~*mcrlbm~ fOlJM, C~ing mt ~ thence 41~ the q~t~ et ~Xller ~t~, rloridi~ bin subdued by 4 cho~ ~tch ~i~ Pmrt~ os'-sl*-]l- ~ot 44.1i foetl the~m continue ml~g meld wmtmrly ltn. ~h o('*s?**]i, hot S?O.O0 (melt the~e ~ttn~ al~g maid ~lterly line flor~orly (~].2j rqot mlo~ ~OKrl~; the~e ~th ?(e-330~0. To~. ia ~.l. ?20, Oqo lift. hblJc ~co~l ~ ~llter ~atv, 73~0 (omit . hy ~lmvm~ ' ' thm~ ~ maid ~e~"~'the lilt of ' ~st 73.0~ , mub(~c.~.&. ~.~ ~ _ ~i~fltq er tho ~rcol ~rmlfl demcct . '. . J ~ m~tt ..' ~uL~ ~:l ,~.~ · . "~t~tlJ~ ~l~fmS ~OSmm~ wl~ ~m PcO~emsio~l's ;omi. b/I iL-SiS (~:k}d do~efltlon aras -~rco) b) 0~9~9I 'ON ~I::)IOANI AY uo]:3l~:le,I 3uar,,ase3 ~o uoT3eoeA NOIldfl:lOS~O A.LNnO0 tl~Fi'103 ~ ," t I \ SUaNOI$$11~IO3 XZNnOO ~ II a \l \ -. ._ : ! B~ I~ EXECUTIVE SUMMARY RECOMMENDATION TO APPROPRIATE REVENUES IN EXCESS OF THE BUDGET FOR ISLES OF CAPRI FIRE, FUND (144), TRANSFER FUNDS FROM RESERVES. ~ To request that the Board of County Commissioners approve budget amendments appropriating revenues received which are in excess of the current budget, and transfer funds from the Reserve for Contingencies within the Isles of Capri Municil:~al Fire and Rescue Services Taxing District (Fund 144), EMS (Fund 490), and Collier County Fire Control District (Fund 148). ~ The Isles of Capd Fire and Rescue Services Taxing District will exceed their FY 97' budgeted appropriations by $18,600 due to the following: Standard procedure requires that a back up firefighter be called into service whenever the firefighter on duty responds to a call for service and all marine/t)oat rescues responses require a two man crew. Also, a regular weekly training session was added for all firefighters and volunteers. The staff firefighters are paid to attend this training. All of these factors have sigr~ificantly impacted the utilization of overtime and the department will exceed their overtime budget by $7.100. Operating cost will exceed buo~get by $9,500 due to unanticipated exl>enditures including the replacen~nt of a fire hydrant, pump repairs, training costs, and additional fleet mainter~ance and fuel charges. Also, the District has contracted to complete an impact fee study. These expenses were forecast during the FY 98 budget review. ~ The Isles of Capri Fire District is proposing to fund the additional expenditures as follows: The sale of an old fire truck generated $5,980 in revenue at auction. Also, the EMS Department has located a Captain in the Isles of Capd Fire station and has agreed to reimburse the District $1,000 as ~.heir pro rata share of the station's utilitios. This $1,000 wo.u~d be funded from EMS Fund (490) reserves. Neither of these revenues were included in the FY 97 budget and w~ld be available to appropriate. An additional $6,200 in expenditures were inct~rred by the Isles of Capri Fire District to service District 1 in ~.he unincorporated area of the county. The Isles of Capri Fire District provides service to Di:strict 1 through an agreement with Collier County. It is proposed that these additional exi>enditures would be f'-'nded from the Coilier County Fire Distdct Fund (148) reserves. The balance ot' $3,420 ~,~o,.JId be funded from Fund (144) reserves. ~[~::~NAGEMENT IMPACT: None. ~ That the Board of County Commissioners approve the necessary budget amendments as outlined above. PREPARED BY: ~~~~ - Chl~ Emll~---o-l~odrtques, ~apd Municipal Fire and Rescue Services Taxing District REVIEWED BY: .~ Emergency Services Department APPROVED BY: ~ ~ Leo O¢~'hs, Jr. Support Servlces~.~Yivision Administrator EXECUTIVE SUMMARY AMEND CONTRACT WITH THE MARCO ISLAND CHAMBF~ OF COMMERCE, INC. TO PERMIT PAYMENT OF INVOICES FROM PREVIOUSLY APPROVED CONTKACTS BROUGHT FORWARD TO THE 1997 CONTRACT AND RF. DUCE THE BUDGET BY $46,752.51 FOR PAYMENTS MADE FROM THE 1996 CONTRACT, TOUILIST DEVELOPMENT CATEGORY B FUNDS.. OBJECTIVE: To amend the contract with the Marco Island Chamber of Commerce, Inc. to permit payment oflnvoicea from previously ap?~ved contracts brought forward to the 1997 contract and reduce the budget by $46,752.~1 for payment made from the 1996 contract. CONSIDERATIONS: At the January 7, 1997 meeting the Board of County Commi~ioners approved a 1997 allocation of Category B Tourist Development funds and approved including ~my unspent funds from prior contracts to also be included in the 1997 contract. The 1997 contract stipulated the payments would only be made for invoice~ dated after the signing of the 1997 contract. Since the Marco Island Chamber deals with many vendor~ who provide advertising and services in the agreement they were unaware some service~ for the outstanding invoices preceded the January 7, 1997 date. This contract amendment would allow for the County to make payments for invoices preceding the January 7, 1997 date. Additionally, payments totaling $46,752.51 were made for funds which were included in the t997 contract but were paid on the 1996 contract. FISCAL IMPACT: Funds have been allocated in Tourist Development Fund, Category B, Fund 194. GROWTH MANAGEMENT IMPACT: None RECOMMENDATION. Approve attached amendment to 1997 contract and authorize the chairman to execute the same. (5/ Jean (~ansel, Budget Aadys~ - / ,/ / - fy Reviewed by:. ~/t~-~.ff~~ -E~e: -'~//c'//9 ~ Michael Smykowski., Budget DEtector FIRST AMENDMENT TO AMENDED AND RESTATED TOURISM GRANT PROGRAM ADVERTISING AND PROMOTION AGREEMENT THIS FIRST AMF2qDMENT TO AGREEMENT, is made and entered into this day of ~~, 1~7, by and between Marco Island Area Chambex of Commerce, Inc., hereinafter referred to as "GRANTEE" and Collier County, a political subdivision of the State of Florida, hereinafter referr~ to as "COUNTY." RECITALS WHEREAS, the GRANTEE and the COUNTY entered into a 1997 Tourism Grant Program Agreement for Advertising dated January 7, 1997 (the ~Tottrism Agreement') in the amount of $948,896.00; and WHEREAS, the County and GRANTEE desire to approve expenses incurred prior to the effective date of the Tourism Agreement; and WHER.EAS, the stun of $46,752.51 which was budgeted under this Tourism Agreement was paid under another agreement, and the parties desire to reduce the maximum payment under the Tourism Agreemcn~t; and WHEREAS, the GRANTEE and the COUNTY desire to amend the Tourism Agreement to reflect the requested changes. WITNESSETH: NOW, THEREFORE, BASED ON THE MUTUAl. COVENANTS HEREIN AND OTHER VALUABLE CONSIDERATION, IT IS MLrrUALLY AGREED AS FOLLOWS: 1. Section three of thc: Tourism Agreement shall be deleted in its enfircty .'md the following language inserted irt its place: The maximum payment under this Agreement shall be ~902.1~3.,.4.9.'. T'ne GR.&NrlEE shall be paid for expenditures incurred for the project(s)/activity(ies) upon submi~al of an invoice. Payment shall occur in accordance with the Prompt Pa)'mem Act. However, the COUNTY shall be under no obligation whatsoever to m,"-uke pay~nents for goods or services in exct~s of, or not included in the PROPOSAL or to make payments using any source of funding other than the Tourist Development Tax. Any payment made by the GRANTEE which is shown lo be an unauthorized expenditure during the performance of the grant contract .,;hall not be eligible for payment. Any expenditures which have been paid to the GRANTEE which are subsequently determined by the COUNTY to be an ineligible expendit~tre shall be repaid to the COUNTY within 30 days of written notice to GRANTEE of the expenditur~ or the COUNTY at its option can withhold future payments to the GRANTEE or deduct the amount to be repaid by GRANTEE from any r,.maining grant funds. The GRANTEE shall not be paid for any expenses incurred or obligations entered into by the GRANTEE prior lo the effective dale of the Agreement, ~rist Development Council Coordinator may approve expenses incurred [aiD/~ihr,__~divc date of this A~ccment. which are consistent with prcvioui[~ ~ap.m.v_rai~d~ts under prior agreements between COUNTY and GRANTEE. Notwithstanding the foregoing, the amount allocated for the 1997 Budget in thc amount of $409,372.00 sh:dl not be eligible for payment until submittal of the 1996 audit and acceptance of the audit by the County's Clerk. Exhibit "A" to the Tourism Agreement shall be deleted in its entirety and replaced with the new Exhibit "A" attached to this amendment. 3. Except as set forth herein, all of the terms and provisions of the Tourism Agreement shall remain in full force and effect. IN wrI'NESS WHEREOF, the GRANTEE and COUNTY have each respectively, by an authorized person or agent, heretmder set their hands and seals on the date and year fir,a above written. DATED: DWIGHT E. BROCK, Clerk BO .D ov COt TY COMM SmON P.S COLLIEP, coLt,wry, :FLORIDA , TIM(5~HY L. H,a~g~CK, Chairman GRANTEE Marco Island Area Chzmber of Commerce, Inc. (2) By:~ Name stat Title Approved as to form and legal sufficiency Heidi F. Ashton A~istant County Attorney (corporate seal) f: :/ew/1997 TDC A~n:en,~nts/l' amending! 1997 Ma~co Isled ~ of~ 0 Administrative 121 Advertising 13 Public Relations Total 1997 TOTAL PROGRAM BUDGET $157,704.98 707,473.40 36,965· 11 $902.143.49 TO REQUEST APPROVAL FR(~( THE BOA~D OF COUNT! COM~ISSlO~ERS ~O TRANSFER FUNDS FROM 301 RESERVES TO THE 800 MHZ PROJECT BUDQET IN ORDER TO FUND A REQUEST FOR 800 MHZ RADIOS FROM THE OFFICE OF THE STATE ATTORN~T. OBJECTIVE: To request approval from the Board of County Co,~unissioners to transfer funds from 301 reserves to the 800 MHz project budget to fund a request for 800 MHz radios from The Office of the State Attorney. CONSIDERATION: On October 25, 1994 the Board approved a contract with Ericsson Inc. for construction of the 800 MHz trunked radio system. Migration of public safety agencies, including the Collier County Sheriff's Office, to the 800 MHz system was completed in September 1996. The Office of the State Attorney has requested that the FY 97 budget be amended to fund the purchase of 800 MHz portable radios for their office. This request is based upon the State Attorney's close working relationship with the Collier County Sheriff's Office and the safety of personnel. Following discussions with the Budget Office, it is r~commended that the 800 MHz project budget in Fund 301 be increased utilizing Fund 301 reserves. FISCA~ 11~PACT: The recommended action and attached budget amendment will reduce Fund 301 reserves by $17,200 and increase the 800 MHz project budget and the purchase order with Ericsson Inc. by the same amount. RECOg~4~I~DATION: That the Board of County Commissioners approve a budget amendment transferring funds from 301 Reserves to tke 800 MHz project budget and increase the purchase order amount to fund radios for the Office of the State Attorney. ~ohn Dalai ~a~-6 Communications Manager William ~oakl~y, ~mation Technology Director Administrator Le~ Ochs, Suppo~ ~vices ' ' ~ ~' 800 MHZ RADIO REQUEST STATE ATTORNEY'S OFFICE DESCRIPTION (;:0~T (~TY EXT HgOgTA00A1100H~ PIUSM SCAN PORTABLE 2,559 60 AEGIS MODULE (DIGITAL) EXTRA HIGH CAP BAI'rERY 21 KRY I 011601/3 3 EMERGENCY INC KRY 1011601/32 ~ EGROUPING FNC KR¥ I 0 ! 1 ~01/36 PROSOUND fNC TOTAL 2,5~0.60 6 BM],.161511506 S~GLE ~ RAPID CI'[ARG£R 96.60 6 519,60 K.RY I 011232,/2 BELT CLIP, PLASTIC ! :2.60 6 15,60 K.BK,B ! 91202 EXTRA HIGH CAPACITY BATTERY 121 l0 6 13,0.80 PROG1LadvlMI'NG & CI~CKOUT 5000 6 17,169,60 6~24/97 Jem ~ B~l~,t A~dy~ Admbds'~'~ioe BuUdi~ o 2mi Flair 3301 East Tamimai Tr~l N~le~ FL 33962 Thc Collie.- Count), Sheriff Depinmem has cflinged to ~ ~,00 ]ViH~ r~io s:y~t~m. As mu' off)cc works closely with the Sheriff's Dcpertmcnt Jt is impal~Jvo ~t w~ bav~ dizec~ commur~c.~g~ons with them to ~ssure t~o s~f~'7 -~d security of empJoyt~s ~ad inform~sion. To ~ccommodate this ch~nle i,~ commua.icat~on scrviccs it is nec~sta,~ to purchzse s~x porter)lc ~zdios ~t · cost of S2,782.60 c.~J~. Therefore, we az, r~questing a budgm a,,'~e~dmcat Io ~ t 996~97 Collier County Budget for $16,69~.60 m ~cLulrt thcsc radios. ]=}cue narc cbc pricin~ is besgd off of the Sberbel' Or'ce Bid, #9&-2201, with Er~sso~ Carpotzti~n. lfw~ can t)e of ~m)' other usis~ce in ~,editin& Ibc proc~st~1 of tl',is bud~c~ m~cndmcnt. ] c3n be reached at (941) 33J-~'.716. As always, y~Jr time and coopera~cra is g~atly apptN-c~atad. BUDGET AMENDMENT REQUEST FUND TITLE Co.-Wide Factlifie~ Ca~tlal BCC Agenda date if previously appro¥~d. FUNI) NO, 301 At*ach Executive Summary Item No. t Center Title EXPENSE BUDGET DETAIL [140480 [Cost Center Project Title Expenditure Object Code 764210 penditure Increase Current Revised fie (Decrease) Budget Budget ,mmunicafios 17,200 1,363,994.50 1,381,194.50 u.ipment Title TOTAL 17,200 Cost Center TitleIlC°st Center No. ][Project Title [Project No. Expenditure Expenditure Increase Object Code Title (Decrease) 991000 (17,20~) Reserve for Contingencie~ l[Current Budget [479,713 TOTAL (17,200) I[Revised Budget [462,513 t, Cost Cen~er Title REVENUE BUDGET DETAIL I Cost Center No. I Project Title I Project No. Revenue Revenue Title Increase Current Revised Object Code (Decrease) Budget Budget TOTAL EXPLANATION Why are funds needed? Funds arc needed for the purchase of 800 NOtz radio equipment for the Office of the State Attorney to enable required communications wi~h the Sheriff's Office. Where are funds available? Funds are available in County-wide Facilities Capital Fund (301) REVIEW PROCESS Finance Del~artment: Clerk of Board Admin.: input by: DATE ?///.9 ? B.A. No.: EXECUTIVE SUMMARY RF. QUEST BOARD APPROVAL TO AWARD BID NUMBER ~7-2681 "AS 350 B2 HELICOPTER SPARE PARTS", TO AZZMAC HELICOPTER CENTER, INC. ~ To obtain helicopter spare parts for the County in a cost effective and timely manner. ~ On June 2, 1997 bid invitations were sent out to forty-six prospective vendors to .,;upply Collier County with helicopter spare parts. At bid opening on June 18, lC.~97 three bids were received (Bid Tabulation attached). Each vendor was asked in the bid invitation to identify a price discount from the manufacturer's list price The manufacturer, American Eurocopter Corporation, presently offers all governrnent agencies, including Collier County, a ten percent discount on all spare paEs purchased. After an analysis of eac~ bid, Az..zmac Helicopter Center, Inc., was determined to be the Iow bidder with tin offer to discount the price of spare parts by eleven percent, or one percent better than the manufacturer. However, /Nzzrnac Helicopter Center, inc., indicated on their bid that a charge will be made for restocking returned parts amounting to ten percent of the value of the part up to, but not to exceed, $300.00. The manufacturer, American Eurocopter Corporation, did not tender a bid. American Eurocopter Corporation has, for the past five years, provided a reliable parts ordering service and have accepted returned parts for restocking at no additional cost. Accordingly, staff would recommend awarding the bid to Azzmac Helicopter Center, Inc. and reserve the right to purchase spare parts from the manutacturer to avoid any restocking charges and any parts that Azzmac Helicopter Center, Inc. are unable to supply in a timely manner. ~ It is estimated that $40,000 'will be spent on helicopter spare parts for FY98, appropriated from the Helicopter Operations Fund 001-144510. .~A~_~,I i-'. N'~_ None RECOMMENDATION; That the Board of County Commissioners award Bid Number 97-2681 for the term of one year to Azzmac Helicopter Center, Inc., for spare parts purchases and authorize staff to continue to purchase direct from the manufacturer, American Eurocopter Corporation, any parts that Azzmac Helicopter Center, Inc., i_s unable to supply in a timely manner. PREPARED BY: ~~ DATE: Petec~on, Chief Pilot REV1EWED BY: n~ DATE: ~o/D')~9 ~ Dia Director Emergency Services REVlEVVEDBY: ~ ~ ~~'~ Steve ~arnell,~Director Purchasing/General Services Leo OC~S, Administrator Support Services DATE: BID ~)?-2651 POSTING DATE: June 2, 1997 Contn~ to Purchase AS .'450 B2 Helicol~er Spare Parts" INVITATIONS SENT TO: 45 Vendors OPENING DATE: June 18, 1997 ...................................... ~ .... :.. .... :---. .................. I. Manufactur~"s L~ Price Discount //4 2. Lengnh of ti~e r~luired to ProCeSS and ship AOG orders (working days) 3. Len~h of time m process non-urgent inns or~n (wcn'kinS dayO / 4. Is someone available to lake and ship ~rder~ 7 days a week //yes no 5. Warranty Period on Par~ 6. Any Restocking Charges for /~"~'~ t~-turned parls? a..-"' yes no If yes, indicate charges / Prompt Payment Terms: % ~day$ Ne~ ,.,,~t9 days months /.R._months /~_% or $ ~ /~ ffdays ~% .days N~~ys Net ~ days yes__no months %orS__ % day~ Ne:__ days L Bids" received from: W1TNrESS: -Clair~ 0~, Purchaai~lt Tec~mician APPROVAL OF BUDGET AMENDMENTS ~4~C AGENDA 7~2/97 Count}' Water/Sewer Opernfln; (408) Bud;e/t Amendment 9'7-3.35 Th~ tools f~d equipment Iv be ps,xchssed ar~ under d~: S500 c~i~l Lhrcshold. As a result, thc funds currently buds~ed ss · caphl e~lX'r~dim~' riced ~o be moved to sn opcr~in$ category. JUL 2 2 1937 BOARD OF COUNTY COMMISSIONERS .,MISCELLANEOUS CORRESPONDENCE JLILY 22, 1997 ~qI~O. II_~ie~: NEED MOTION authorizing the Chairman to sign Satisfaction of Lien for Services of the Public Defender for Case Nos.: $1-2196.TM, 81-2196-TM, 82- 19-MMA, g3-61-CFA, 83-61-CFA, 97-105-CFA, 95-8392-MMA, 96.733-CFA, 96- 10054-MMA, 96-1051-CFA, 97-1761-MMA, 96-7622-MMA, 97437-MMA, 96-129- CFA, 96-$652-MMA, 96.10326-MMA, 96-749-MMA, 96-1050 I-MMA, 96-10358- M]vIA, 96-10315-MMA, 96.7487-MMA, 96-1103-CFA, 96-10018-MMA, 96-1840-CFA, 96-7327-MMA, 96..2303-CFA, 97-1808-MMA, 96-5148-MMA, 96-1993-CFA, 96- 10032-MMA, 97-1,124-MMA, 96-5586-MMA, 96-10201-MMA, 96-2359-CFA, 96- 6773-MMA, 96.9697-MMA, 96-9378-MMA, 96.9376-MMA, 96.1136-CFA, 97-3502- MMA, 97-2596-MM-A, 96-9866-MMA, 96-10315-MMA, 96-10501 -MMA, 96-10358- MMA, 964544-MMA, 91-924-TM, 90-4638-MMA. 2. I~&7,~~}l.J $ ITEMS TO FILE FOP, P,.ECORD WITH A~TION AS DIRECTIEI~: A. Devil's Garden Water Control District - General Purpose Financial Slatements for Fiscal Year Ended 9/30/96, Independent Auditors' Report for Fiscal Year Ended 9/30/96, Au,:litors' Management Letter for Fiscal Year Ended 9/30/96 and Districts' Response to Management Lener. B. Cow Slough Water Control District - Proposed Budget Report for Fiscal Year 1997/1998 and Schedule of Regular Meetings for Fiscal Year 1997/1998. C. Collier Soil & Water Conservation District - Annual Local Government Financial Report Fi.scad Year Ended 9/30/96 and Registered Agent Update Year Ended 9/30/96. D. Lely Community Developmei'/t District - April 16, 1997 minutes. E. Port of the l:$lm~ds Communi~' Improvement District - April 17, 1997 and Notice of Public tt¢'armg - July 17, 1997. Environmental Advisor)' Board - May 7, i997 and agenda for June 4, 1997. Referred ,o BCC. )Io · JUL 22 1997 Pt~e 2 Co Do 7/22/97 Emergency Medical Serv:,ces Advisory Council - May 7, 1997 and agenda for June4, 1997. Referred to BCC. Marco lshmd B~ach Renourishment Advisory Committee - May 7, 1997 and schedule fbx summer meetings. Referr~ to BCC. Collier Ceuaty His~orieal/Axchaeological Pr~-rvation Board - May 9, 1997 and agenda fo~' June 13, 1997. Referred to BCC. Development Services Advisory Committee - May 7, 1997. Referred to BCC. Collier County Planning Commission - April 17, 30 and May 1, 1997 and agenda for June 5, 1997. Referred t¢ BCC. Pelican Bay MSTBU Advisory Committee - May 7 and 20, 1997 and agenda for June 4, 19!)7. Referred to BCC. Code Enforcement Board - April 21, 1997. Referred to BCC. City of Naples/The Beach Renourishment/Maintenance Committee - May 1, 1997 and agencht for June 5, 1997. Referred to BCC. JUL 2 2 t:c197 Pg .... ~