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Agenda 02/24/2004 R COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA February 24, 2004 9:00 a.m. CLERK TO BOARD 4TM v ooa FP: 3 IND: 1 CV:0 Donna Fiala, Chairman, District 1 Fred W. Coyle, Vice-Chairman, District 4 Frank Halas, Commissioner, District 2 Tom Henning, Commissioner, District 3 Jim Coletta, Commissioner, District 5 NOTICE: ALL PERSONS WISHING TO SPEAK ON ANY AGENDA ITEM MUST REGISTER PRIOR TO SPEAKING. SPEAKERS MUST REGISTER WITH THE COUNTY MANAGER PRIOR TO THE PRESENTATION OF THE AGENDA ITEM TO BE ADDRESSED. COLLIER COUNTY ORDINANCE NO. 2003-53, AS AMENDED, REQUIRES THAT ALL LOBBYISTS SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES (INCLUDING, BUT NOT LIMITED TO, ADDRESSING THE BOARD OF COUNTY COMMISSIONERS), REGISTER WITH THE CLERK TO THE BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT. REQUESTS TO ADDRESS THE BOARD ON SUBJECTS WHICH ARE NOT ON THIS AGENDA MUST BE SUBMITTED IN WRITING WITH EXPLANATION TO THE COUNTY MANAGER AT LEAST 13 DAYS PRIOR TO THE DATE OF THE MEETING AND WILL BE HEARD UNDER "PUBLIC PETITIONS". ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. ALL REGISTERED PUBLIC SPEAKERS WILL RECEIVE UP TO FIVE (5) MINUTES UNLESS THE TIME IS ADJUSTED BY THE CHAIRMAN. IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF CERTAIN ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL, NAPLES, FLORIDA, 34112, (239) 774-8380; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS' OFFICE. LUNCH RECESS SCHEDULED FOR 12:00 NOON TO 1:00 P.M. *Commissioners will be attending a lunch/question and answer session with the Greater Naples Leadership Group in the Human Resources Training Room* 1 February 24, 2004 1. INVOCATION AND PLEDGE OF ALLEGIANCE A. Pastor David Mallory, First Assembly Ministries 2. AGENDA AND MINUTES A. Approval of today's regular, consent and summary agenda as amended. (Ex Parte Disclosure provided by Commission members for summary agenda.) B. January 20, 2004 - BCC/Strategic Planning Workshop C. January 27, 2004- BCC Regular D. January 29, 2004- BCC/LDC Meeting E. February 5, 2004 - District 5 Town Hall Meeting SERVICE AWARDS PROCLAMATIONS A. Proclamation proclaiming the week of February 22 through 28, 2004 as Engineers Week. To be accepted by Edward J. Kant, P.E., Director of Transportation Operations. Proclamation to designate February 24, 2004 as Children's Day in Collier County. To be accepted by Patti Young, Executive Director of Collier School Readiness Coalition. C. Proclamation to recognize the month of March as National Purchasing Month. To be accepted by the Collier County Purchasing staff. Proclamation to recognize Veteran's Transportation Program and all of their services for helping all the Veteran's in our Community with their transportation needs. To be accepted by Jim Elson, President of the Collier County Veteran's Council. PRESENTATIONS A. Recommendation to recognize Lieutenant Michele Williamson, Paramedic, Emergency Medical Services, as Employee of the Month for February 2004. 2 February 24, 2004 PUBLIC PETITIONS A. Public Petition request by Mr. John participants in the 4th of July Festivities. Veit to discuss arrangements for 7. BOARD OF ZONING APPEALS 8. ADVERTISED PUBLIC HEARINGS This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. PUDZ-2002-AR-3542 Dwight H. Nadeau of RWA, Inc., and Richard D. Yovanovich of Goodlette, Coleman and Johnson, P.A., representing Waterways Joint Venture IV, the applicant, requesting: (1) rezoning from an "A" Agricultural Zoning District to a Residential Planned Unit Development (RPUD) District for a project to be known as the Bristol Pines RPUD. This project proposes a maximum of 159 dwelling units (an overall density of 6.98 units per acre), to consist of any combination of single- family attached, zero lot line, or single-family detached unit type construction; and (2) consideration and approval of an affordable housing density bonus agreement authorizing the developer to utilize affordable housing bonus density units (in the amount of 68 units at 2.98 bonus density units per acre) in the development of this project for Iow-income residents. The 22.77+ acre subject site is located on the east side of Collier Boulevard (CR 951), approximately I mile south of Immokalee Road, at 14750 Collier Boulevard in Section 35, Township 48 south, Range 26 east, Collier County, Florida. An Ordinance of Collier County, Florida, amending Ordinance No. 89-69, as amended, regarding inoculation of Coconut Palm Trees against Lethal Yellowing disease; expanding the scope of the ordinance to apply to the Malayan and Maypan Coconut Palm Trees and to the Phoenix Date Palm group (Date Palm and Canary Island Palm) and Christmas Palms; delegating responsibilities to Code Enforcement; authorizing the County to take remedial actions without first instructing the land owner to take such actions; providing for inclusion in the Code of Laws and Ordinances; providing for conflict and severability; providing an effective date. This item to be heard at 1:30 p.m. An Ordinance amending Ordinance Number 91-102, as amended, the Collier County Land Development Code, which includes the Comprehensive Regulations for the unincorporated area of Collier County, Florida, by providing for: Section One, recitals: Section Two, Findings of Fact; Section Three, Adoption of amendments to the Land Development Code, more specifically amending the following: Article 3, Division 3.13, including revisions to coastal construction setback line variance; Section Four, Conflict and Severability; Section Five, inclusion in the Collier County Land Development Code; and Section Six, effective date. 3 February 24, 2004 This item continued from the January 27, 2004 BCC Meetin.cI. Public hearing to consider adoption of an Ordinance of Collier County, Florida, amending Ordinance Number 99-38, the Collier County Maximum Fees for Non-Consent Towing and Storage of Vehicles Ordinance; amending Section Four to clarify that vehicle towing companies, when engaged in non-consent towing or non- consent storage, shall not charge any administrative charge or fee unless the towing company actually incurs such cost as a direct expense and pays that expense; amending Section Six regarding the County's wrecker operator system and clarifying penalty provisions. (David We/gel, County Attorney) An ordinance amending Ordinance 81-75 by adding Section Twelve entitled Classifications and Certificates; providing for Inclusion in Code of Laws and Ordinances; providing for conflict and severability; and providing for an effective date. (John Dunnuck, Public Services Administrator) This item bein.q continued to the March 23, 2004 BCC Meetin.cI. PUDZ-03-AR- 3831, Robert Duane, AICP, of Hole Montes, Inc., representing Robert Reed, of Reed Development Company, requesting a rezone from "PUD" to "PUD" Planned Unit Development for the purpose of changing the name from Goodland Gateway PUD to the Calusa Island Village PUD, increasing the number of dwelling units from 47 to 52 units reducing the commercial area known as the Commercial/Mixed Use area from 0.45 acres to 0.12 acres of commercial use area with a maximum of 1,300 square feet of commercial uses, and eliminate many permitted commercial uses that were no longer deemed compatible with residential uses. The subject property is located south of Goodland Drive and east of Calusa Marina, in Sections 18 & 19, Township 52 South, Range 27 East, Collier County, Florida, consisting of 6.2_+ acres. 9. BOARD OF COUNTY COMMISSIONERS A. Appointment of member to the Isles of Capri Fire Control District Advisory Committee. This item to be heard at 2:00 p.m. Accept the final report of the Collier County Revenue Commission, an Ad Hoc Advisory Board, created to explore alternative revenue sources for meeting the County's numerous and varied needs. (James R. Gibson Jr., Revenue Commission Chairman) Review a recommendation from the Collier County Tourist Development Council (TDC) on the addition of a fourth percent of the Tourist Development Tax in Collier County. Approve a joint resolution with Lee County to pursue a legislatively established expressway authority to make it possible to widen 1-75 through toll financing as outlined in Representative Davis' Expressway Authority Bill. 4 February 24, 2004 E. Approve a Resolution supporting the preservation of the State Transportation Trust Fund. (Norman Feder, Transportation Services Administrator) 10. COUNTY MANAGER'S REPORT Item continued from the February 10, 2003 BCC MeetinR. Recommendation to ratify a tri-party agreement between Everglades City, Ochopee Fire Control District and Club Everglades Development Group for funds donated to provide needed fire and rescue equipment and to approve the award of Bid Number 04-3604, for the purchase of a power catamaran boat in the amount of $43,713.50 to Twin Vee Inc. (Dan Summers, Director, Emergency Management) Approve a development agreement with V.K. Development Corporation of Wisconsin, Inc., which agreement implements that portion of the Wentworth Estates PUD, wherein the County agreed that the developer would receive, on payment of one-half of the estimated road impact fees ($2,836,419.25), Certificates of Public Facility Adequacy for transportation for 1200 dwelling units, 85,000 square feet of retail commercial uses, and an 18 hole golf course, in exchange for the developer, among other things (1) improving the intersections of US 41/Southwest Boulevard and US 41/north entrance to the Wentworth Estates PUD; (2) paying County $392,800 towards improvements to the intersections at US 41/Airport Road and US 41/Rattlesnake-Hammock Road; (3) providing up to $250,000 to supplement the funding for the installation of street lighting by the County along US 41 from Broward Street to Collier Boulevard; (4) Improving Southwest Boulevard at an estimated cost of $350,000; (5) Conveying, at no cost to the County, appropriate easements associated with the proposed Lely-Manor Western Outfall Canal and Lely- Manor Eastern Outfall Canal Storm Water Management Facilities; and (6) reduction of 1,000 vested units from the Lely Resorts PUD/DRI. (Norman Feder, Transportation Services Administrator) Recommendation to the Board of County Commissioners to approve the filing of a petition to the Florida Department of Community Affairs for an Administrative Hearing to challenge the Florida Department of Community Affairs' Notice of Intent to find the amendment to the City of Naples Comprehensive Plan in compliance as it pertains to the construction of overpasses and flyovers. (Norman Feder, Transportation Services Administrator) D. Approve the scope of work for the development of Goodland Boating Park. (John Dunnuck, Public Services Administrator) 5 February24,2004 Item continued from the February 10, 2004 BCC Meetin.q. This item to be heard at 1:45 p.m. For the Board of County Commissioners to consider a request from the Vanderbilt Beach Beautification M.S.T.U. Advisory Committee to partner with the M.S.T.U. in the development of a Master Plan at a cost of one-half of the total cost of the Master Plan at an amount not to exceed $40,000. (Norman Feder, Transportation Services Administrator) 11. PUBLIC COMMENTS ON GENERAL TOPICS 12. COUNTY ATTORNEY'S REPORT 13. OTHER CONSTITUTIONAL OFFICERS A. This item to be heard at 10:00 a.m. A Resolution supporting full and adequate funding for the State Court System and the Twentieth Judicial Circuit to ensure justice for all Floridians. 14. AIRPORT AUTHORITY 15. STAFF AND COMMISSION GENERAL COMMUNICATIONS 16. CONSENT AGENDA - All matters listed under this item are considered to be routine and action will be taken by one motion without separate discussion of each item. If discussion is desired by a member of the Board, that item(s) will be removed from the Consent Agenda and considered separately. A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES 1) Petition AVESMT2003-AR4981 to disclaim, renounce and vacate the County's and the Public's interest in the water retention easement conveyed to Collier County by separate instrument and recorded in Official Record Book 808, Pages 1899 through 1900, and in the drainage easement conveyed to Collier County by separate instrument and recorded in Official Record Book 808, Pages 1901 through 1902, Public Records of Collier County, Florida, located in Section 15, Township 48 south, Range 25 east, Collier County, Florida. 2) Petition CARNY-2004-AR-5367, Benny Starling, Executive Director of Immokalee Chamber of Commerce, requesting permit to conduct a carnival from February 26 through March 7, 2004, on property located at 110 North Ist Street in Immokalee. 6 February 24, 2004 3) Request to approve for recording the final plat of "White Lake Corporate Park Phase Four", and approval of the Standard Form Construction and Maintenance Agreement and approval of the amount of the performance security. 4) 5) 6) 7) Request to approve for recording the final plat of "Terrabella of Pelican Marsh Unit Two", and approval of the Standard Form Construction and Maintenance Agreement and approval of the amount of the performance security. Petition CARNY-2004-AR-5343, Peg Ruby, Special Events Coordinator, Collier County Parks and Recreation, requesting a permit to conduct the annual Country Jamboree Carnival on March 12, 13 and 14, 2004, in the Vineyards Community Park at 6231 Arbor Boulevard, Naples. Request to approve for recording the final plat of "Cayo Costa, Unit One", and approval of the Standard Form Construction and Maintenance Agreement and approval of the amount of the performance security. Request to approve for recording the final plat of "City Gate Commerce Center, Phase One", and approval of the Standard Form Construction and Maintenance Agreement and approval of the amount of the performance security; and accept certain required off site drainage easements which are associated with this project. B. TRANSPORTATION SERVICES 1) Award Work Order No. UC-090 to Douglas N. Higgins, Inc., for the Palm Street Outfall Project (Project No. 51804) in the amount of $594,525.00, approve two donation agreements, and accept two drainage and utility easements, to be used for storm water site improvements and temporary staging within the area of the project. 2) Board approval for a six (6) month extension to Bid No. 99-2955- "lmmokalee Road Grounds Maintenance Service" to Commercial Land Maintenance, Inc. 3) Approve Bid #04-3597 "Davis Boulevard Phase II MSTD Roadway Grounds Maintenance" and award to Advanced Lawn in the amount of $84,956.00. 4) Approval of Contract #03-3559 "Consultant Services for the Update of the Collier County Comprehensive Pathway Plan", for the not to exceed amount of $99,976.00, with Sprinkle Consulting Inc. 5) Approve the final Change Order No. 9 in the amount of $253,938.35 to be removed from the purchase order with Bonness, Inc., and place into Transportation's budget to close out the Livingston Road Phase IV Project, from Immokalee Road to the county line, Project No. 65041, Bid No. 02-3364. 7 February 24, 2004 6) Award a construction contract in the amount of $96,000.00 to Stemic Enterprises, Inc. and allocate $9,600.00 (10% of the construction cost) for contingency purposes to dredge Natures Point along the Golden Gate Main Canal, Project Number 51601, Bid No. 03-3530. 7) Approve the addition of two positions to the Stormwater Management Department to be funded by the South Florida Water Management District/Big Cypress Basin in the amount estimated at $169,000 to assist staff with the primary and secondary canal system. C. PUBLIC UTILITIES 1) 2) 3) 4) 5) 6) 7) Approve a second amendment to lease agreement with Carlton Lakes, L.L.C., to extend the term of the existing lease twelve additional months, at a total revenue of $8820. Rescind award of Bid #03-3533 to Crane Equipment and Service Inc., and award to Florida Handling Systems, Inc., in the amount of $26,800. Approve Change Order No. 1 to Task Order No. 6 in the amount of $747,040.50 with Youngquist Brothers, Inc., for North County Water Reclamation Facility (NCWRF) Deep Injection Well Construction, Contract 01-3193, Project 73948. This item has been deleted. Approve Florida Department of Environmental Protection Certification of Financial Responsibility form, for the South County Water Reclamation Facility Injection Well, IW 1. Approve Work Order UC-093 to Mitchell & Stark Construction Company, Inc. for underground utility contracting services related to the South County Regional Water Reclamation Facility, Injection Well IW-2, Project 73154. Approve Work Order ABB-FT-04-04 to Agnoli, Barber and Brundage (ABB) in the amount of $158,150.00 for engineering services for the design and construction inspection of a master pump station under Contract 01-3290 -fixed term professional engineering services, Project 73153. D. PUBLIC SERVICES 1) Approval of Settlement Agreement between the Florida Department of Children and Family Services and Collier County regarding the Immokalee Community Park. 8 February 24, 2004 E. ADMINISTRATIVE SERVICES 1) Recommendation to declare certain County-owned property as surplus and authorize a sale of the surplus property on March 13, 2004. 2) Approve a budget amendment to carry forward $462,232 for the Fleet County Barn Facility, Project 52009. 3) Approval of the Annual Group Insurance Actuarial and Brokerage Services Workplan for 2004 and an amendment to the existing agreement. 4) 5) Recommendation to reject all proposals received under Bid 04-3610, Vending Machine Services. Approve a budget amendment in the amount of $125,000 to provide funding for Americans with Disabilities Act (ADA) improvements at Golden Gate Community Park and the Harmon Turner Administration Building (Building F) to accommodate access for public visitors with disabilities. F. COUNTY MANAGER 1) Approval of Budget Amendment Report - BA #04-123 in the amount of $13,604; BA #04-131 in the amount of $14,000, AIRPORT AUTHORITY BOARD OF COUNTY COMMISSIONERS 1) Commissioner Henning's request for approval for payment to attend a function serving a valid public purpose; the American Business Women's Association luncheon to honor "Women in History, Remember When..." in the amount of $75.00. 2) Commissioner Coletta's request for approval for payment to attend a function serving a valid public purpose; Florida Tradeport Briefing & Barbecue Luncheon in the amount of $50.00. 3) Commissioner Halas' request for approval for payment to attend a function serving a valid public purpose; Florida Tradeport Briefing & Barbecue Luncheon in the amount of $50.00. 4) Commissioner Fiala's request for approval for payment to attend functions serving a valid public purpose; the American Business Women's Association Luncheon to honor "Women in History, Remember When..." in the amount of $75.00. I. MISCELLANEOUS CORRESPONDENCE 1) Miscellaneous items to file for record with action as directed. 9 February 24, 2004 OTHER CONSTITUTIONAL OFFICERS COUNTY ATTORNEY 1) Approve agreed order and authorize payment of appraisal fees in the lawsuit styled Collier County v. David J. Frey, et al, Case No. 03-2353-CA (Golden Gate Parkway Project #60027). 2) Approve the stipulated final judgment relative to the acquisition of Parcels 219 and 219T in the lawsuit styled Collier County v. Kathryn Hankins, et al, Case No. 00-1296-CA, Golden Gate Boulevard Project No. 63041. 3) Approve the agreed order awarding Expert Fees relative to the Fee Taking of Parcel No. 194 in the lawsuit styled Collier County v. Robert W. Pieplow, et us., et al., Case No. 02-2133-CA (Immokalee Road Project #60018). 4) Approve the Stipulated Final Judgment relative to the acquisition of Parcel No. 199 in the lawsuit styled Collier County v. Joseph Delucia, Trustee, et al., Case No. 00-0938-CA, Golden Gate Boulevard Project #63041. 5) Approve the Stipulated Final Judgment relative to the acquisition of Parcel 161 in the lawsuit styled Collier County v. John W. Schiebel, et. aL, Case No. 03-2872-CA (Golden Gate Parkway Project #60027). 17. SUMMARY AGENDA - THIS SECTION IS FOR ADVERTISED PUBLIC HEARINGS AND MUST MEET THE FOLLOWING CRITERIA: 1) A RECOMMENDATION FOR APPROVAL FROM STAFF; 2) UNANIMOUS RECOMMENDATION FOR APPROVAL BY THE COLLIER COUNTY PLANNING COMMISSION OR OTHER AUTHORIZING AGENCIES OF ALL MEMBERS PRESENT AND VOTING; 3) NO WRITTEN OR ORAL OBJECTIONS TO THE ITEM RECEIVED BY STAFF, THE COLLIER COUNTY PLANNING COMMISSION, OTHER AUTHORIZING AGENCIES OR THE BOARD, PRIOR TO THE COMMENCEMENT OF THE BCC MEETING ON WHICH THE ITEMS ARE SCHEDULED TO BE HEARD; AND 4) NO INDIVIDUALS ARE REGISTERED TO SPEAK IN OPPOSITION TO THE ITEM. FOR THOSE ITEMS, WHICH ARE QUASIJUDICAL IN NATURE, ALL PARTICIPANTS MUST BE SWORN IN. This item requires that all participants be sworn in and ex parte disclosure be. provided by Commission members. Petition AVPLAT2003-AR4683 to disclaim, renounce and vacate the County's and the Public's interest in a portion of the 15 foot wide County utility easement located along the rear of Lot 4, according to the plat of "Villa Fontana Unit One" as recorded in Plat book 16, Pages 71 through 72, Public Records of Collier County, Florida, located in Section 8, Township 49 south, Range 26 east. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. CUE-2003-AR-4856, James K. Keiser, representing Southern Exposure of Naples Inc., requesting a one-year extension of an approved Conditional Use for a clothing optional social club located at 1311 Jaybird Way, in Section 18, Township 49 south, Range 26 east, Collier County, Florida, consisting of approximately 8.71 acres. 10 February 24, 2004 C. Approval to repeal Ordinance 77-58, Marco Water and Sewer District. 18. ADJOURN INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO THE COUNTY MANAGER'S OFFICE AT 774-8383. 11 February 24, 2004 AGENDA CHANGES BOARD OF COUNTY COMMISSIONERS' MEETING February 24, 2004 Item 8D was continued from the January 27, 2004 BCC meetinq and is further continued indefinitely. Public hearing to consider adoption of an Ordinance of Collier County, Florida, amending Ordinance Number 99-38, the Collier County Maximum Fees for Non-Consent Towing and Storage of Vehicles Ordinance; amending Section Four to clarify that vehicle towing companies, when engaged in non-consent towing or non-consent storage, shall not charge any administrative charge or fee unless the towing company actually incurs such cost as a direct expense and pays that expense; amending Section Six regarding the County's wrecker operator system and clarifying penalty provisions. (Staff request.) Add Item 10F: Award of Bid #04-3616 "Advertising of Delinquent Real Estate and Personal Property Taxes for 2003". (Staff's request) NOTE: County Commissioners will be meeting with the Greater Naples Leadership group at the new Human Resources training room for lunch and a question and answer session. Time Certain Items: Item 8C to be heard at 1:30 p.m. An ordinance amending Ordinance Number 91- 102, as amended, the Collier County Land Development Code... Item 9B to be heard at 2:00 p.m. Accept the final report of the Collier County Revenue Commission, an Ad Hoc Advisory Board, created to explore alternative revenue sources for meeting the County's numerous and varied needs. Item 10D to be heard after 2:00 p.m. Approve the scope of work for the development of Goodland Boating Park. Item 10E to be heard at 1:45 p.m. For the Board of County Commissioners to consider a request from the Vanderbilt Beach Beautification M.S.T.U. Advisory Committee to partner with the M.S.T.U. in the development of a Master Plan at a cost of one-half of the total cost of the Master Plan at an amount not to exceed $40,000. Item 13A to be heard at 10:00 a.m. A Resolution supporting full and adequate funding for the State Court System and the Twentieth Judicial Circuit to ensure justice for all Floridians. WH~EA$. WHEREAS, PI~OCLAtAA T£ON enEineers are real movers and shakers in our world. They design structures to stand up to earthquakes and they travel into outer space. From computer chips to potato chips, their work makes a world of difference in our lives because engineers are practical inventors and problem solvers; and, creativity is not only expressed in art, music, drama, and I/teratume. ~4odern engineers sl~ive to 9ire shape to our material world, built environment, and systems of information and power; and. engineers perform oufstandin9 work in their everyday lives and, through the efforts o£ the National 5ociety o£ Professional · Engineers, a new 9eneraf/on is proving that they, too, have important vorld by taking part in educatJonal~ Faces of Day~. "ZO0~4 WHEREAS. decades this for the WHEREAS, way we NOW THEREFORE, be if Collier County, for their the County Commissioners o£ through 38. 3004. is designated as National Engineers' Week in Collier County. DONE AND ORDERED THIS 34th day of February, 3004. BOARD OF COUNTY COMM£55£ONER$ COI. LZER COUNTY, FLOR£DA DONN,~ FIA£A. CHAIRI~AN ATTEST: BROCK, CLERK Vl/he~ea~ : P~oclamat/on the Collier School Readiness Coalition. in conjunction with the Florida Children's Forum and the Florida State Legislature, is celebrating Children'~ Day during the month of Februm~/ 2004: and, research on brain development indicates that stimulating and nurturing environments during a child's first five years of life are critical to long- term development and school readiness; and, the ability of Collier County's parents to work is tied inextricably to their ability to obtain and afford high quality early education and care programs; and, businesses and communities benefit when children are provided high quality early childhood programs; and, working families must be assured of high quality early childhood programs so that their children will be ready to begin school and to succeed in school; end, by calling attention to the need far quality early education and care programs for all ir families in our community, we hope to such services; and, will demo[~strate throughout hwest Florida, of aborate in lilies services. ~f Collier February and urge and care for a quality early education DONE AND ORDERED this Z4t~ da~ of Februqry ZOO4. ~O,~RD O~= COUN'rV CO~ZSSZONER$ cgLL'r. ER COUNTY. FLORZDA DONhIA I~ZALA, CHATR/~'AN DW£~-H' ~. BgOCK, CLERK PROCLAMATZON WHEREAS: the purchasing profession plays a significant ~ole in the efficiency and effectiveness of both government and business; and, WHEREAS: purchasing Professionals, through their combined purchasing power, spend billions of dollars every year and have a significant influence upon economic conditions throughout the world; end, WHEREAS: the Collier County Purchasing Deportment provides value- added services such os conl~act negotiation and administration, vendor management, and training; and. WHEREAS: the Collier pub and p~ofessional world engage in to inform the played by the government. NOW, THI of County the d, and the and DONE AND OI )A DONNA FT. ALA , , CHA TRMAN A'I-[-EST: DWIGHT E. BROCK. CLERK WHEREAS. I~/HEREAS. 14/HEREA$, ~I/HEREAS, WHEREAS, PROCLA~4A TION the Veterans' Transportation P~ogram is a cooperative between the Col#er County Board o£ County Commissioners and the Collier County Veterans' Council; and, the purpose o£ the Transportation Program is to I~ovide £~ee transportation/or Collier County veterans to VA healthcare £aci/ities in Irt ~yers. Bay Pines. Tampa, and other £aciliffe~ in 5outh Florida: and, the drivers in this Program are ail volunteers who donate their time and effort to see that our veterans receive needed healthcare in o ffmely manner; and. the £amil/es o£ these volunteers also contribute to the success of this Program by supportin9 the volunteers and the 9aais o£ the Transportation in accident free miles. made 277 NOW and our families. for the DONE AND A T7'E$ T: DONNA riAI. A. CHA_TRNIAN BROCK, CLERK AG£NO/~ /._T E M FEB 2 q 200/, 02/16/2004 22:52 9417748996 COLLIER COUNTY HR PAGE 02/82 EXECUTIVE SUMMARY RECOMMENDATION TO RECOGNIZE LL MICHELE WILLIA~SON, PARAMEDIC, EMERGENCY MEDICAL SERVICES AS EMPLOYEE OF THE MONTH FOR FEBRUARY 2004 OBJECTIVE: To recognize Lt. Michele Williamson as "Employee of the Month" for February CONSID~I~[ONS: When not on duty, Lt Michele Williamson teaches courses in Pediatric Advanced Life support, Basic Trauma Life Support and Advanced Cardiac Life Support. Michele teaches as many as 12 classes during the year. While on duty, Lt. Williamson helps to train new employees and is viewed as a "'go to" person when it comes to working with the new trainees. She has recently been appointed to a Field Training Officer. In this role, Lt. Wiiliamson will be training the new paramedics in preparation for certification by our Medical Director. Lt Willlamson's customer service is exemplary. Her philosophy of customer service is simple: qTe~t everyone I~e they were a member of your family". Lt. Williamson always goes the extra mile to help those in need. Recently, Michele helped an elderly diabetic patient raise their blood sugar level by helping prepare their breakfast. While the patient did not want to go to the hospital, they ~11 needed assistance and Michele made sure the patient received it. Michele also helps her patients complete the File-o~-Life forms to better prepare them to receive the qualify care they deserve. There have been many other instances where Lt. Williamson went above and beyond her call of duty. She is noted for her kindness and compassion. Lt. Williamson's professional achievements include an AS degree and the Fire Company Leadership class. The American Heart Assooiafion has certified Lt. Williamson to such adv-4nced paramedic level courses as ACt_S, BTLS, and APLS. She obtained these credentials on her own time and is greatly admired by her colleagues for her dedication. Lt. Williamson is an active member of the United Way and is a member of the Lee Memorial Hospital Military Support group. RSCAL IMPACT: "Employee of the Month" selectees receive a $150.00 cash award. Funds for this award are available in the Department Budget Cost Center. RECOMMENDATION: That Lt. Michele Williamson, Paramedic, Emergency Medical Servioes, be recognized as the "Employee of the Month" for February 2004. ~Je~'Merritt, Dir~(~ Human Resources Department APPROVED BY:_ Len Price, Administrator Administrative Se[vices Division DATE'~ 1/" (~ U/._ DATE:_ AGEND~' I~EM No. FEB _ Pg. ~ COl I .IER COUNTY MANAGER'S OFFICE 3301 East Tamiami Trail · Naples, FL 34112 · 239-774-8383 · Fax 239-774-40t0 February 12, 2004 Mr. John Veit 927 Grove Drive Naples, FL 34120 Re: Public Petition Request to Discuss Arrangements for Participants in the 4th of July Festivities Dear Mr. Veit: Please be advised that you are scheduled to appear before the Collier County Board of Commissioners at the meeting of February 24, 2004, regarding the above referenced subject. Your petition to the Board of County Commissioners will be limited to ten minutes. Please be advised that the Board will take no action on your petition at this meeting. However, your petition may be placed on a future agenda for consideration at the Board's discretion. Therefore, your petition to the Board should be to advise them of your concern and the need for action by the Board at a future meeting. The meeting will begin at 9:00 a.m. in the Board's Chambers on the Third Floor of the W. Harmon Turner Building (Building "F") of the government complex. Please arrange to be present at this meeting and to respond to inquiries by Board members. if you require any further information or assistance, please do not hesitate to contact this office. Sincerely, ~"James V. Mudd County Manager JVM/jb cc: David Weigel, County Attorney C o No. I/I't' _ - FEB 2 2004 FEB-l~-~004 l~:SG C~]LJ_IER CO PRE Request,. to Speak u .n.d~r Public Pe, tition Please print Name: John C. Veit Address: 927 Grove Drive Naples, Florida 34120 Phone: 455-0770 Date of the B.o. ard Meeting you wish to speak: February 24, 2004 P..lease explain in detail the mason, you are requesting to speak (attach addi,'tional pa~e if necessary); 4th of July~ 2004 Festivities We pres~tly have the Special Operations Command Parachute Team, MacDill, Tampa, Committed and are working on the United Stat~s Military Academy Band, West Point, NY, the 283rd Army Infantry Band, Ft. Benning, Ga., and various other Military Units in the state of Florida. We are also soliciting various organizations for contributions and have commitments l-mm the Naples Daily News for $10,308.24 in kind contribution for advextising space, First National Bank for $5,000 cash, and Wiegold & Sons for an undetermined amount as yet, P.01/01 P~lease exolain ~ detail the action ._you are askina the Commission to take (attach, ,additional page if necessary): To requests funds from the BCC to assist in transporting, housing &fee. Aing the military we will invite to perform parachute jumps and concerts through the County. AC_~NDA lieM ~ FEB 2 ~ 200t~ TOTPL P.O1 EXECUTIVE SUMMARY PUDZ-2002-AR-3542 DWIGHT H. NADEAU OF RWA, INC., AND RICHARD D. YOVANOVICH OF GOODLETTE, COLEMAN & JOHNSON, P.A., REPRESENTING WATERWAYS JOINT VENTURE IV THE APPLICANT, REQUESTING: 1) REZONING FROM AN "A" AGRICULTURAL ZONING DISTRICT TO A RESIDENTIAL PLANNED UNIT DEVELOPMENT (RPUD) DISTRICT FOR A PROJECT TO BE KNOWN AS THE BRISTOL PINES RPUD. THIS PROJECT PROPOSES A MAXIMUM OF 159 DWELLING UNITS (AN OVERALL DENSITY OF 6.98 UNITS PER ACRE), TO CONSIST OF ANY COMBINATION OF SINGLE-FAMILY ATTACHED, ZERO LOT LINE, OR SINGLE- FAMILY DETACHED UNIT TYPE CONSTRUCTION; AND 2) CONSIDERATION AND APPROVAL OF AN AFFORDABLE HOUSING DENSITY BONUS AGREEMENT AUTHORIZING THE DEVELOPER TO UTILIZE AFFORDABLE HOUSING BONUS DENSITY UNITS (IN THE AMOUNT OF 68 UNITS AT 2.98 BONUS DENSITY UNITS PER ACRE) IN THE DEVELOPMENT OF THIS PROJECT FOR LOW-INCOME RESIDENTS. THE 22.77+_ ACRE SUBJECT SITE IS LOCATED ON THE EAST SIDE OF COLLIER BOULEVARD, (C.R. 951), APPROXIMATELY 1 MILE SOUTH OF IMMOKALEE ROAD, AT 14750 COLLIER BOULEVARD IN SECTION 35, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY FLORIDA. OBJECTIVE: Staff is requesting that the Board of County Commissioners consider this petition to rezone the subject site from "A" to "RPUD" to allow for the development of a 22.7+_ acre project to be known as the Bristol Pines RPUD. The project proposes a maximum of 159 dwelling units (an overall denSity of 6.98 units per acre), to consist of any cotnbination of single-family attached, zero lot line, or single- family detached type construction. As part of the rezoning action, the petitioner is also seeking approval of an Affordable Housing Density Bonus Agreement authorizing the developer to utilize Affordable Housing Bonus Density units (in the amount of 68 units at 2.98 bonus density units per acre) for low-income residents. Approval of this project should maintain this community's interests and further the goals, objectives and policies of growth management rules of Collier County. CONSIDERATIONS: The proposed 22.7+-acre rezoning to PUD is intended to allow development of a residential project that could have up to two access points. Initially the petitioner did not plan to have access to Tree Farm Road however during the Collier County Planning Commission (CCPC) hearing, the petitioner agreed to provide the primary access to Tree Farm Road. The project's originally proposed access, a bridged entrance (over the canal) to Collier Boulevard approximately 330 feet south of the Tree Farm Road and Collier Boulevard intersection, now will become a secondary access point, if it is utilized at all. Bristol Pines PUDZ-2002-AR-3542 EXECUTIVE SUMMARY Page 1 of 6 AC=~=.NDA I'r~M ~ F'g_ / In addition to the proposed rezoning action, the petitioner is seeking Board of County Commissioners acceptance of an Affordable Housing Density Bonus (AHDB) agreement to allow this project to have up to 68 bonus density units. Of the total 159 dwelling units, only sixteen (16) units will be made available as affordable housing units. The majority of the subject site, 19+ acres, is cleared, and developed with residential uses and agricultural operations. The easternmost tract has retained pine and cypress areas, but most of that area has been drained and disturbed. Zoning & Land Development Review staff has reviewed the project and has recommended approval of the rezoning as we believe the project is in compliance with purpose and intent of the Land Development Code (LDC) and consistent with goals, objectives and policies of the Growth Management Plan (GMP). FISCAL IMPACT: This PUD by and of itself will have no fiscal impact on the County. However, if this request meets its objective, the land will be redeveloped. The fact that new development has been approved will restilt in future fiscal impact on County public facilities. The County collects impact fees prior to the issuance of building permits to help offset the impacts of each new development on public facilities. These impact fees are used to fund projects in the Capital Improvement Element needed to maintain adopted Levels of Service (LOS) for public facilities. In the event that impact fee collections are inadequate to maintain adopted levels of service, the County must provide supplemental funds from other revenue sources in order to build needed facilities. Development takes place in an environment of concurrency management. When Level of Service requirements fall below adopted standards, a mechanism is in place to stop building activities. Certain LOS standards apply countywide and would therefore bring about a countywide concurrency determination versus roads that may have local geographic concurrency implications. This project seeks to develop a maximum of 159 dwelling units, however it is not known whether that number of units will ultimately be provided, so staff must make an assumption to calculate potential impact fee payments. Therefore, staff has calculated the potential impact fees based upon the assumption of 100 percent build out of the uses. It should be noted, however, that impact fee payments vary by land use type and this zoning approval does not provide the level of specificity to determine how the site will eventually be developed. Zoning approval grants the developer the ability to choose from a list of approved dwelling unit types, and the petitioner's agent has represented that the most likely scenario will consist of fee simple town homes however, the actual use determination is not provided to county staff until much later in the development process. Bristol Pines PUDZ-2002-AR-3542 EXECUTIVE SUMMARY Page 2 of 6 FEB 2 q 200q The development of the property will result in future fiscal impact on County public facilities. The County collects impact fees prior to the issuance of building permits to help offset the impacts of each new development. The following impact fees are applicable to the proposed project: · Park Impact Fee: $174,105 · Libraries Impact Fee: $ 34,026 · EMS Impact Fee $ 14,787 · Road Impact Fee $554,115 · Correctional Facility: $ 18,759 · Educational Facilities: $131,493 · Water Impact Fee TBD · Sewer Impact Fee TBD · Fire Protection Impact Fee TBD The estimated total amount of impact fees for the proposed project is $927,285. The total impact fee shown above is a very rudimentary estimate. Additionally, there is no guarantee that the project at build out will maximize its authorized level of developfnent. It should be noted that this estimate is based on 159 multi-family dwelling units being developed. There is an Affordable Housing Density Bonus associated to the project, therefore if a number of the units are designated as affordable housing a portion of the above listed impact fees may be deferred for the applicable number of units. Additionally, offsets for the previously existing land uses may be calculated and applied for the above impact fees resulting in a reduction of the actual dollar amount of impact fees required to be paid. Other fees will include building permit review fees, Fire Protection Impact Fees, Water and Sewer Impact Fees and other utility fees associated with connecting to the County's sewer and water system. Finally, the developed residential units will be required to pay ad valorem taxes. GROWTH MANAGEMENT IMPACT: The subject property is designated Urban (Urban - Mixed Use District, Urban Residential Subdistrict) on the Future Land Use Map (FLUM) of the Growth Management Plan. Relevant to this petition, this Subdistrict allows a variety of residential uses; essential services, and, recreation and open space uses. The Density Rating System shows the site is eligible for 4 dwelling units per acre, unless the Affordable Housing Density Bonus (AHDB) is utilized, which could result in a maximum bonus of 8 dwelling units per acre, yielding a maximum eligible density of 12 dwelling units per acre. The companion AHDB Agreement demonstrates the site is eligible for a 3 dwelling units per acre bonus (68 dwelling units); when added to the base density of 4 dwelling units per acre, this results in an 'eligible project density of 7 dwelling units per acre (159 dwelling units total), which is the density being sought by the petitioner. Based upon the analysis providedin the staff report, staff concludes the proposed uses and density may be deemed consistent with the goals, objective and policies of the GMP. Bdstol Pines PUDZ-2002-AR-3542 EXECUTIVE SUMMARY Page 3 of 6 AGENOA ITEM FEB 2 200 ENVIRONMENTAL ISSUES: The Environmental Review staff has reviewed the petition and the PUD document and addressed any concerns within the PUD document and the Master Plan. ENVIRONMENTAL ADVISORY COUNCIL (EAC) RECOMMENDATION: This project was heard and unanimously approved 6 to 0 by the EAC on February 4, 2004. COLLIER COUNTY PLANNING COMMISSION (CCPC) RECOMMENDATION: This petition was heard at a public hearing on February 5, 2004. By a 5:3 vote, the CCPC forwarded Petition PUDZ-2003-AR-3542 to the Board of County Commissioners (BCC) with a recommendation of approval of the rezoning and acceptance of the Affordable Housing Density Bonus Agreement, subject the adoption of the following stipulations: o 6. and 7. Section 3.4 Table II, minimum side yard setback must be 0/6', not 0/5'; and Retaining wall must not exceed 24 inches, and total of retaining wall and fence cannot exceed 8'; and 3. The project must provide its primary access onto Tree Farm Road if it becomes available; the access point on Collier Boulevard must then be designated as a secondary access or other constraints may be put upon this access point at the development order stage. No compensating ROW will be given for the Tree Farm Road access point; and 4. A perimeter fence is not allowed; it must be a wall not a fence; and The project is limited to right in/right out only on Collier Boulevard; and Internal roadways must be changed to private not public [PUD document Section 2.7.]; The Property Development Regulations in Table II [Section 3.4] must be revised to show a minimum 23-foot setback from sidewalks for the minimum front yard in single-family detached and single-family attached and zero-lot line units, and Table II must be revised to include a 15-foot minimum setback for all structures from the project's perimeter property line; and 8. These stipulations become part of the approval; and 9. Section 2.10.E. must be revised to indicate that the sales facility within the clubhouse must cease when the project is released to the Homeowners' Association. The CCPC also discussed the merits of a wall within the buffer versus the petitioner's proposed black vinyl-coated chain link fence with landscaping. The three members that voted for denial of the motion made a statement that the only reason they voted for denial was because of the wall stipulation. The dissenters supported the black, vinyl-coated chain link fence and landscape treatment proposed by the petitioner rather than the wall stipulation contained in the motion. Bdstol Pines PUDZ-2002-AR-3542 EXECUTIVE SUMMARY Page 4 of 6 FEB 2 2004 In a related matter, during earlier testimony and conversations between CCPC members and the petitioner's agent, the petitioner agreed to augment the property owners reserve fund (in an undetermined amount) to offset any vegetation replacement cost, if replacement was required due to the effects or inclement weather. This was considered to lessen the financial burden upon the homeowners association should the vegetation need to be replaced before the reserve fund has built to a point when adequate funds would be available to complete replacement. Because the CCPC ultimately did not support the petitioner's request to use the fence and the plantings that would necessitate the funding, this acknowledgment has not been included in the PUD document. The Board of County Commissioners would need to quantify the requirement and add it into the PUD document. At the CCPC two property owners spoke. One property owner put his concerns about the project on the record, and another property owner represented that he was the owner of Tree Farm Road, and stated his willingness to work with the petitioner in this rezoning so this project could have access to that roadway. The petitioner agreed to provide the access as long as the two parties could reach an equitable agreement. The petitioner stated that he would agree to all stipulations proposed by the CCPC except the wall requirement. The petitioner stated that he plans to continue to seek approval of the fence rather than a wall at the Board of County Commissioner level. DEPARTMENT OF ZONING & LAND DEVELOPMENT REVIEW STAFF RECOM- MENDATION: Staff recommends approval of the two-part request for Petition PUDZ-2003-AR-3542 subject to compliance with the proposed PUD document and the Affordable Housing Density Bonus Agreement, and as otherwise described by the Ordinance of Adoption and Exhibits thereto. Bristol Pines PUDZ-2002-AR-3542 EXECUTIVE SUMMARY Page 5 of 6 FEB ;~ ~ 200~ PREPARED BY: KA~ELEM, AICP, PRINCIPAL PLANNER ~ DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW REVIEWED BY: DATE RAY B/~E OWS, CHIEF PLANNER ~-'"' ] DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW R DATE DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW APPROVED BY: /qOMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION Bristol Pines PUDZ-2002-AR-3542 EXECUTIVE SUMMARY.doc Page 6 of 6 . AGENDA ITEM 8-B STAFF REPORT COLLIER COUNTY PLANNING COMMISSION FROM: HEARING DATE: SUBJECT: DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION February 5, 2004 PETITION PUDZ-2002-AR-3542 AGENT/APPLICANT: OWNER: Waterways Joint Venture IV By Waterways Development, Inc. 14627 Collier Boulevard Naples, FL 34104 AGENTS: Dwight H. Nadeau RWA, Inc. 3050 N. Horseshoe Drive, Suite 270 Naples, FL 34104 Richard D. Yovanovich Goodlette, Coleman & Johnson, PA 4001 Tamiami Trail. N., Suite 300 Naples, FL 34103 REQUESTED ACTION: The petitioner wishes to rezone approximately 22.7± acres of land cUrrentlY zoned Agricultural ("A") to Planned Unit Development (PUD) for a project known as the Bristol Pines PUD. The project proposes a maximum of 159 dwelling units (an oVerall density of 6.98 Units per acre), to consist of any combination of Single-family attached, zero lot line, or single-family detached type construction. As part of the rezoning action, the petitioner is also seeking approval of an Affordable Housing Density Bonus Agreement authorizing the developer to utilize Affordable Housing Bonus Density units (in the amount of 68 units at 2.98 bonus density units per acre) for low-income residents. GEOGRAPHIC LOCATION: The subject PUD is located on the east side of Collier Boulevard, (C.R. 951), approximately 1 mile south of Immokalee Road, near the Collier BoUlevard and Tree' Farm Road intersection, at 14750 Collier Boulevard in Section 35, Township 48 South, Range 26 East, Collier County, Florida (see illustration on following page). PURPOSE/DESCRIPTION OF PROJECT: The proposed 22.7+-acre PUD is intended to allow development of a residential prOject G:\Current\Deselem\POD Rezones\Bfistol Pines PUDZ-2002-AR-3542\Staff Report 1.doc Page I of 9 Pig._ ~ il ll~J r ,I :.,j.. i: : , _ .... Fm i._~__%~.L_~ ........ ;_:- ~ ~ ;-- / ',i ';. / t-~,...,: -' ~ ,. :~ J ILl[ i' j L l i; i ~ , ] - ~ ~]_= ii) , ~ ~ · ~II : -iJ lJl , P I III i } [ [ - ,, >, ~ I I FEB 2 EXHIBIT "A" ii APPENDIX "A" TYPICAL CROSS SECTIONS I I I FEB 2 APPENDIX "A" TYPICAL CROSS SECTIONS I I I I I FEB 2 4 2004 one access point serving the project from Collier Boulevard. This site is located along Tree Farm Road however the roadway is private and not owned by the petitioner. The petitioner does not currently have rights to use the roadway, thus no access is proposed from Tree Farm Road. Instead the petitioner plans to construct a bridged entrance (over the canal) to Collier Boulevard approximately 330 feet south of the Tree Farm Road and Collier Boulevard intersection for all traffic into and out of the site. The majority of the subject site, 19~ acres, is cleared, and developed with residential uses and agricultural operations. The easternmost tract has retained pine and cypress areas, but most of that area has been drained and disturbed. SURROUNDING LAND USE AND ZONING: North: Nicaea Academy PUD, undeveloped but approved at 2.1 units per acre East: two undeveloped five-acre "A" zoned tracts, then a five-acre agriculturally used tract, also zoned "A" South: "A" zoned lands developed with an owner occupied single-family home site West: Collier Boulevard (CR 951), then "A" zoned lands that are developed with agricultural businesses and a single-family home (a conditional use approval to allow a private school is pending for a 9.4 acre site abutting Brittany Bay) GROWTH MANAGEMENT PLAN (GMP) CONSISTENCY: The subject property is designated Urban (Urban - Mixed Use District, Urban Residential Subdistrict) on the Future Land Use Map (FLUM) of the Growth Management Plan. Relevant to this petition, this Subdistrict allows a variety of residential uses; essential.services, and, recreation and open space uses. As to residential use, review of the Density Rating System yields the site is eligible for 4 dwelling units per acre, unless the Affordable Housing Density Bonus (AHDB) is utilized, which could result in a maximum bonus of 8 dwelling units per acre, yielding a maximum eligible density of 12 dwelling units per acre. The companion AHDB Agreement demOnstrates the site is eligible for a 3 dwelling un Is pel~r ac,-,; G:\Current\Deselem\PUD Rezones\Bfistol Pines PUDZ-2002-AR-3542\Staff Report 1.doc Page 2 of 9 FEB bonus (68 dwelling units); when added to the base density of 4 dwelling units per acre, this results in an eligible project density of 7 dwelling units per acre (159 dwelling units total). FLUE Policy 5.4 requires new land uses to be compatible with the surrounding area. As currently proPosed, staff believes this project will be compatible with current and planned development in this area, given the allowance for increased density for projects that will provide affordable housing units. Brittany Bay PUD is located across CR 951 and just to the north of what would be the extension of Tree Farm Road. That project contains an affordable housing component and was approved at a density of 8.18 units per acre. The project located across Collier Boulevard and to the south of the subject site was rezoned to PUD as Hibiscus Village (now known as Summit Place) allowing a density of four units per acre. That project did not have any affordable housing component, but it was approved at the maximum base density allowed at that time. The Nicaea Academy PUD, located north of Tree Farm Road, was aPproved at a density of 2.1 units per acre, but the project was perceived to have access constraints that led to the lower approved density. There are other PUD rezonings pending in this general area as well. Further north of this site, with frontage along Immokalee Road is the Summit Lakes PUD (currently zoned PUD as the Outdoor Resorts PUD). Summit Lakes proposes 'a density of seven dwelling units per acre, based upon a base density of four units per acre and a three unit per acre density bonus allowance because of its location with in one mile of an Activity Center. That project proposes to provide five percent of the housing units for ,'work force housing." A Pre-application Meeting was held on December 17, 2003 for a pending PUD rezoning for a Habitat for Humanity project that is tentatively known as Woodcrest RPUD. This 10-acm site will have access from Woodcrest Drive (south of Irmnokalee Road) and proposes 100 percent affordable housing units to be built at a density of seven units per acre. Bucks Run PUD was approved with an affordable housing component, however the owner is currently investigating amending the PUD to remove that component. Other residential projects in the area are listed below with the approved density (Source: PUD list dated December 2003, generated from Collier County Comprehensive Planning). It is important to note that each project was reviewed and approved based upon its own merit and its own unique circumstances; therefore a mean (simple) average cannot be used for comparison's sake. For example, some projects are located within a density band and some have an affordable housing component. Please refer to the map for the location of each project. __ "'" N~ITAT "/fOODCREST G:\Current~)eselem~UD Rezones\Bristol Pines PuDZ-2002_AR_3542\Staff Report 1.doc Page 3 of 9 FEB 2 4 200z} ~._ ./ PR OJECT NAME Approved Density Y~ar Approved Number Number of of Units Affordable Units Crystal Lake PUD 2.89 1994 491 -0- Tuscany Cove (A,R.M.) 6.40 2003 500 * -0- Vanderbilt Country Club 2.48 1998 800 -0- Wolf Creek 4.00 2003 591 -0- Richland (aka Pebblebrook Lakes) 3.10 2002 650 -0- Indigo Lakes 2.43 2001 442 -0- Laurelwood 5.96 1994 465 * -0- Ibis Cove 5.50 1999 530 * -0- Summit Place 4.00 2002 231 -0- Bucks Run 8.87 2001 348 ** 288 Brittany Bay 8.16 2000 478 * & ** 128 Outdoor Resorts 4.49 2000 420 *** -0- Nicaea Academy 2.10 2003 250 -0- TOTAL 6,196 416 Higher Density granted because it is within Density Band of Activity Center Higher density granted based Upon Affordable Housing Density Bonus Agreement Higher density permitted in the Travel Trailer-Recreational Vehicles Campground District Based upon the data provided above, a very small portion, less than 1 percent, of the units currently approved in this general area are dedicated as affordable housing units. This shows that approval of this project to allow affordable housing will be consistent with GMP Housing Element Policy 1.4 that requires affordable housing units to be distributed throughout the county. Based upon the above analysis, staff concludes the proposed uses and density may be deemed consistent with the goals, objective and policies of the GMP. Transportation Element: Transportation staff has reviewed the applicant's Traffic Impact Statement (TIS) evaluating the potential transportation impacts of the petition, using 159 multifamily (condominium) dwelling units for trip generation purposes, based upon a 2006 buildout date. The TIS concludes: All roadway segments significantly impacted as a result of the Bristol Pines PUD will operate at or above the Level of Service standards for that roadway as established in the 2001 Collier County A UIR when the development traffic is added to the roadways. Turn lane analysis indicates that both a northbound right turn lane and a southbound left turn lane will be required G:\Current~Deselem\PUD Rezones\Bdstol Pines PUDZ.2002-AR-3542\Staff Report 1.doc Transportation staff has voiced concern about the lack of an access from this site onto Tree Farm Road. Access to Tree Farm Road would be preferred over the current Collier Boulevard access proposal. However, as previously mentioned, this petitioner does not have access to Tree Farm Road. A narrow strip of land separates the subject site from that roadway. Transportation staff has stated that the inability of this developer and others to consider coordination of a shared access may necessitate Transportation Staff to recommend to the Board of County Commissioners that a moratorium to preserve the controlled access provisions for CR 951 be considered. However, this petitioner cannot be forced to use a roadway to which he does not have access. It is possible that the property c ~rners~ttrOll~lx~-~ area will implement improvements to Tree Farm Road to allow multiple property ownel to I~e that ~ FEB 2 ~ 200~ Page 4 of 9 roadway in the future. In any case, at this time, the petition is consistent with Policies 5.1 and 5.2 of the Transportation Element of the GMP. Open Space/Conservation: Please refer to the Environmental Analysis for details. ANALYSIS: Staff completed a comprehensive evaluation of this land use petition and the criteria upon which a favorable determination must be based. These criteria are specifically noted in Section 2.7.2.5 and Section 2.7.3.2.5 of the Land Development Code and required staff evaluation and comment. The Planning Commission to the BCC also used these criteria as the basis for their recommendation. Appropriate evaluation of petitions for amendments to PUDs should establish a factual basis for supportiVe action by appointed and elected decision-makers. Each of the potential impacts or considerations identified during the staff review are listed under each of the criterion noted and are summarized by staff, culminating in a determination of compliance, non-compliance, or compliance with mitigation. These evaluations are completed as separate documents and are attached to the staff report (See Exhibit "A" and Exhibit "B"). Environmental Analysis: Environmental Services staff has reviewed the petition and prOvided the following analysis in the Environmental Advisory Commission (EAC) staff rep6rt (copy attached). The Project as proposed is consistent with the Policies in Objective 6.1 and 6.2 of the Conservation & Coastal Management Element, for the fo/lowing reasons: Fifteen percent (15 %) of the existing native vegetation will be retained on-site and set aside as preserve areas with conservation easements prohibiting further development. Habitat management and exotic vegetation removal/maintenance plans will be required at the time of Site Development Plan/Construction Plan submittal. Preserve areas shall be required to be maintained free of Category I invasive exotic p/ants, as defined by the Florida Exotic Pest Plant Council. The requirement for an Environmental/mpact Statement (ELS) pursuant to Po/icy 6.1.8 has been satisfied. The absence of jurisdictional wet/ands has been field verified by the South Florida Water Management District, as required by Policy 6.2.1. In accordance with Policy 6.2.6, required f)reservation areas have been identified on the PUD master plan. Allowable uses within the preserve areas are included in the PUD document. A wild/Pie survey for listed species in accordance with Policy 7.1.2 is included in the Environmental Impact Statement (ELS). Wildlife habitat management plans for listed species shall be required at the time of Site Development Plan/Construction Plan submittal. A copy of the ElS has been forwarded to the Florida Fish and Wildlife Conservation Commission (FFWCC) for their review, since state listed wildlife species (gopher tortoises) occur on the property. This project is to be heard by the EAC on February 4, 2004. The outcome of that hearing will be provided orally to the Collier County Planning Commission (CCPC). Transportation Analysis: document that accompanies the request. The applicant has incorporated Transportation stai with the PUD document. Transportation Department staff has reviewed the petition and the PUD Page 5 of 9 G:\Current\Deselem\PUD Rezones\Bristol Pines PUDZ-2002-AR-3542\Staff Report 1.doc Financial Administration And Housing Analysis: The Housing Development Manager has reviewed the proposed agreement to authorize affordable housing density bonus units, and has recommended approval of this project. The memo from Cormac Giblin, Housing Development Manager, dated January 16, 2004, is quoted below: The subject re-zone petition includes a companion Affordable Housing Density Bonus Agreement (AHDB). Through the AHDB the petitioner is requesting a density bonus of 3 units per acre by developing 16 units of the proposed 159 total (10%) as affordable housing. As proposed, the Bristol Pines development will consist of 159 units of multi-family (townhouse) home-ownership of which 10% (16 units) will be affordable to households earning less than 60% of the area median income (Iow-income). 2003 Annual income limits of proposed iow income residents: Number of household members: I 2 3 4 5 16 Low Income Units $29,300 $33,500 $37,700 $41,900 $45,200 Average Yeady Salaries of Selected Occupations in Collier County: Secretary $26,310 Deputy Electrician $28,200 Teacher Firefighter $32,610 $33,490 $42,540 CONCLUSION: Based upon the information provided in the PUD and accompanying Affordable Housing Density Bonus Agreement, staff finds the proposed development to be consistent with section 2. 7. 7 of the LDC and Housing Element of the Growth management Plan. STAFF RECOMMENDATION: Approval AFFORDABLE HOUSING COMMISSION RECOMMENDATION: Approval 6/0, 1-9-04. Utility Analysis: The Utilities Department staff has reviewed the petition and provided language in the PUD document to address potable water, reclaimed water and wastewater, as well solid waste collection and solid waste disposal. Zoning & Land Development Department Analysis: Relationship to Existing and Future Land Uses: A discUSsion of this relationship, as it applies specifically to Collier County's legal basis for land use planning, refers to the relationship of the uses that would be permitted if the proposed zoning action is approved, and the existing and possible future uses that could be approved based upon the uses and other limitations set forth in the Future Land Use Map (FLUM) of the Growth Management Plan (GMP). The proposed uses are consistent with the property's land use designation as indicated previously in the GMP discussion. GMP FLUE Policy 5.4 requires new development to be compatible with and complimentary to the surrounding land uses. As illustrated in the aerial photograph, the surrounding zoning discussion of this staff repo~ Master Plan, the site will be separated from other development by roadways to the north (~ Road), and to the west (Collier Boulevard). East of this site are two undeveloped five-acre tracts, then a five-acre agriculturally used tract, also zoned "A. To the south, the land is G:\Current~)eselem~PUD Rezones~Bristol Pines PUDZ-2002-AR-3542\Staff Report 1 .doc Page 6 of 9 and is developed with an owner occupied single-family home site. Although zoned "A," the adjacent tracts are designated Urban - Mixed Use District, Urban Residential Subdistrict) on the Future Land Use Map of the Growth Management Plan, just like the subject site. This designation would allow the owners of those tracts to seek development approvals (beginning with rezonings) to allow the same variety of residential uses, essential services, and recreation and open space uses on the adjacent tracts as what is proposed for the subject site. However at this time, staff must consider the compatibility of the uses proposed in this PUD in conjunction with what currently exists on the south property, pursuant to GMP Policy 5.4. Staff had concems about the potential incompatibility that could be created if this project constructed two-story, multi-family structures in proximity to the single-family home on the parcel south of this project. The proposed single-family attached or zero lot line units will appear to 'be multi-family dwelling units, because there would be more than one unit attached to another within one building. The mass of a multi-unit structure could be very different from the single-family home located to the south, and pose compatibility concerns. To resolve staffs concerns, the petitioner has agreed to a maximum height of one story immediately adjacent to the existing single-family home. Deviation Discussion: The petitioner is seeking three deviations and has agreed to limitations to which the project will adhere if these deviations are approved. The petitioner has provided justification in support of the deviations [see "List of Deviations", dated 12/22/03). The limitations included by the petitioner are based upon discussions with staff through the review process. Staff has analyzed the deviations and recommends approval of these deviations with the limitations imposed. Deviation #1 seeks relief from LDC Appendix B, Typical Street Section, B-4 and B-5 that requires a 60-foot fight-of-way, to allow a maximum 50-foot right-of-way. This deviation is reflected in Section 2.7 of the PUD document. The applicant has stipulated that utility easements will be provided pursuant to LDC requirements (Section 2.3.C of the PUD document). The petitioner contends "this is a reasonable deviation that has been implemented in subdivisions throughout the County and does not compromise health, safety, and welfare issues related to civil engineering design." Transportation staff has evaluated this deviation, and has recommended approval. This approval recommendation is based upon the fact that the roadways within the PUD will be private. The approval is subject to the stipulation that the utility and access easements are identified and provided (per a December 12, 2003, e-mail message from Alan El'Urfali). Deviation #2 seeks relief from LDC Sections 2.6.11.4.2. and 2.6.11.5 that, in certain circumstances such as along arterial roadways, require fences in some zoning districts to be screened from view. The petitioner states that this deviation is appropriate because of the property's narrowness, and the constraining South Florida Water Management and Collier County regulations. The requirements would require the project to be designed with retaining walls on the project's perimeter to contain untreated storm water runoff within the site boundaries. The deviation is shown in the cross sections provided on Page 4 of 4 of the Master Plan, and stated in Section 6.12.C of the pUD document. The petitioner will provide a chain link fence in the landscape bUffer along the north and south property boundaries where this retaining Wall will be Used, with landscape materials to be installed between the fence and the property lines, as well as interior to the fence, to achieve 80 percent opacity to a height of seven feet from nature grade. This stipulation is included in the PUD document. G:\Current\Deselem\PUD Rezones\Bristol Pines PuDZ_2002_AR_3542\Staff Report 1.doc The petitioner states that the fence and buffering combination will adequately screen the el retaining wall and buffer the residential land uses from adjacent properties. Landscape Page 7 of 9 has analyzed this deviation and recommends approval with the stipulations offered by the petitioner, based upon the following synopsis: "The deviations proposed represent a reasonable response and solution to the width restrictions present in this development. It is the unique nature of this development/parcel that warrants the approval of the deviation proposed." Deviation//3 seeks relief from LDC Section 2.6.11.6, that requires fences to be measured from existing grade, to allow fences to be measured from finished grade. This is noted in the Section 6.12.B of the PUD document, and shown in the cross 'sections on sheet 4 of the Master Plans. The petitioner offers the same explanation as to the need for this deviation--site design constraints due to the narrowness of the site. Again, Landscape Review staff has reviewed the deviation request and recommends approval of it. NEIGHBORHOOD INFORMATION MEETING: The petitioner properly noticed and advertised a Neighborhood Information Meeting that was held on November 7, 2002, at Faith Community Church. No one from the public attended. STAFF RECOMMENDATION: Zoning & Land DeveloPment ReView Services staff reCommends that the Collier County Planning Commission forward Petition PUDZ-2003-AR-3542 to the Board of County Commissioners with a recommendation of approval of the rezoning request from Agricultural to PUD, and the agreement authorizing affordable housing density bonus units as set forth in the PUD document and the AHDB agreement. G:~Current\Deselem\PUD Rezones\Bristol Pines PUDZ-2002-AR-3542\Staff Report 1.doc Page 8 of 9 AGENDA 17 x. FEB 2 200q [' PREPARED BY: KAY/D~ELEM,-AICP, PRINCIPAL PLANNER DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW DATE REVIEWED BY: DATE APPROVED BY: DATE REVIEW MMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION Tentatively scheduled for the February 24, 2004 Board of County Commissioners Meeting COLLIER COUNTY PLANNING COMMISSION. RUSSELL A: I~UDD, CHAIRMAI~" Exhibits: Attachments: A. Rezone Findings B. PUD Findings Comprehensive Planning Section Memo, dated October 3, 2003 Housing Development Manager Memo, dated January 16, 2004 February 4, 2004 EAC Staff Report List of Deviations, dated December ! 2, 2003 G:\Current\Deselem\PUD Rezones\Bristol Pines PUDZ-2002-AR-3542\Staff Report 1 .doc Page 9 of 9 FEB 'i 2004 REZONE FINDINGS PETITION PUDZ-2003-AR-3542 Section 2.7.2.5 of the Collier County Land Development Code (LDC) requires that the report and recommendations of the Planning Commission (CCPC) to the Board of County Commissioners must show that the CCPC has studied and considered the proposed change in relation to the items enumerated below. Please refer to the staff report for a more comprehensive review. e Whether the proposed change will be consistent with the goals, objectives & policies of the Future Land Use Map and the elements of the Growth Management Plan; The Comprehensive Planning Department has indicated that this petition is conSistent with all applicable elements of the Future Land Use Element (FLUE) of the Growth Management Plan (GMP). The existing land use pattern; This project will be consistent with the existing and proposed land use pattems. The possible creation of an isolated district unrelated to adjacent and nearbY districts; The site that is the subject of this petition is of sufficient size that it will not result in an isolated district unrelated to adjacent and nearby districts. The request is also compatible with expected land uses by virtue of its consistency with the FLUE of the GMP. Whether existing district boundaries are illOgically drawn in relatiOn to existing conditions on the property proposed for change; The PUD district boundaries are logically drawn and they are consistent with the FLUE of the GMP. Whether changed or changing conditions make the passage of the proposed amendment necessary; The growth and development trends in this area indicate there is an increase in the rezoning activity in this area. The chart in the staff report reflects the numerous rezonings that have been approved or are pending in this area. The proposed PUD rezoning is appropriate, as limited in the PUD document and the PUD Master Plan based on its compatibility with adjacent land uses e Whether the proposed change will adversely influence living conditions in the neighborhood; EXHIBIT "A' G:\Current\Deselem\PUD Rezones\Bdstol Pines PUDZ-2002-AR-3542\REZONE FINDINGS 1.doc Page I of 3 Because of limits in the PUD document, there should be no adverse influence in living conditions in this neighborhood if the propoSed change is approved. Ac,~,rr~ ~ FEB 2 4.200q Whether the proposed change will Create or excessively increase traffic congestion or create types of traffic deemed incompatible with surrounding land uses, because of peak volumes or projected types of vehicular traffic, including activity during construction phases of the development, or otherwise affect public safety; The Transportation Services Division has reviewed the proposed PUD and has incorporated language into the PUD document, which renders the PUD compatible with the Traffic Circulation Element. Therefore, the proposed PUD will not excessively increase traffic congestion. Whether the proposed change Will create a drainage problem; The project will be required to obtain a permit from the South Florida Water Management District. Drainage problems should not be created when construction is done in accordance with the permit. Whether the proposed change will seriously reduce light and air to adjacent areas; All projects in Collier County are subject t° the development standards that apply generally and equally to all zoning districts (i.e. open space requirement, corridor management provisions, etc.) that were designed to ensure that light penetration and circulation of air do not adversely affect adjacent areas. This project will be subject to those same standards, 10. Whether the proposed change will adversely affect property values in the adjacent area; Property valuation is affected by a host of factors including zoning, however zoning by itself may or may not affect valUes, since value determination by law is driven by market value. The mere fact that a property is given a new zoning designation or amendment may or may not affect value. 11. 12. EXHII~IT "A- G:\Current\Deselem\PUD Rezones\Bristol Pines PUDZ-2002-AR-3542\REZONE FINDINGS 1.doc Page 2 of 3 Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations; The proposed change should not be a deterrent to the improvement or development Of adjacent prOperty. The same owner controls one adjacent tract and thus development can easily be cOordinated between those two tracts. The site is separated from lands to the north and west by road rights of way or private easements. The PUD document contains a provision to require this developer to cooperate with any roadway interconnections, thus possibly reducing trips onto the adjacent county roadway network. If all property owners near Tree Farm Road coUld cooperate and get that road improved to allow access to other properties such as this site, the traffic situation could be improved as well. This project is not precluded from participating in any effort of that type. Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasting with the public welfare; The proposed rezone to PUD complies with the Growth Management Plan, ~' public policy statement supporting zoning actions when they are consistent [vith said .']'ff'r-~r'z~-' 13. 14. 15. 16. 17. plans. In light of this fact, the proposed PUD does not constitute a grant of special privilege. Consistency with the FLUE is further determined to be a public welfare relationship because actions consistent with plans are in the public interest. Whether there are substantial reasons why the property cannot be used in accordance with existing zoning; A portion of the property is currently used in compliance with the existing zoning; and the remainder of the site could also be development in compliance with the existing zoning if so desired by the property owner. Whether the change suggested is out of scale with the needs of the neighborhood or the County; The proposed PUD is designed in a manner that is compatible with surrounding property in size and scale. It is also consistent with the FLUE of the Growth Management Plan. Whether is it impossible to find other adequate sites in the County for the proposed use in districts already permitting such .use; Whether it is possible to find other adequate sites is not the determining factor when evaluating the appropriateness of a rezoning decision. Each zoning petition is reviewed on its own merit, and staff does not review other sites in conjunction with a specific petition. The determinants of zoning are consistency with all elements of the GMP, compatibility, adequacy of infrastructure and general compliance with the Land Development Code. The physical characteristics of the property and the degree of site alteration, which would be required to make the proPerty usable for any of the range of potential uses under the proposed, zoning classification; While site conditions may restrict the location and square-footage of the buildings, they would not render the property unusable. The impact of development on the availability of adequate public facilities and services consistent with the levels of service adopted in the Collier County Growth Management Plan and as defined and implemented through the Collier County Adequate Public Facilities Ordinance, as amended. A multi-disciplined team responsible for jurisdictional elements of the GMP has reviewed this petition and they have found it consistent with the GMP. The conditions of approval have been incorporated into the PUD document. Staff reviews for adequacy of public services and levels of service determined that required infrastructure meets with GMP established relationships. EXHII~IT "A' G:\Current\Deselem\PUD Rezones\Bfistol Pines PUDZ-2002-AR-3542\REZONE FINDINGS 1.doc Page 3 of 3 AGENDA ITEM FEB 2 200 FINDINGS FOR, PUD PUDZ-02-AR-3542 Section 2.7.3.2.5 of the Collier County Land Development Code requires the Planning Commission to make a finding as to the PUD Master Plans' compliance with the following criteria: 1. The suitability of the area for the type and pattern of development proposed in relation to physical characteristics of the land', surrounding areas, traffic and access, drainage, sewer, water, and other utilities. The subject site is partially developed with residential structures and an agricultural nursery operation that has altered the natural characteristics of the land. The site is located where it has access to Collier Boulevard and' potential access to Tree Farm Road, if roadway improvement agreements among the property owners can be reached. The petitioner has agreed to connect to county utility service, and the drainage will be provided in compliance with all applicable codes. 2. Adequacy of evidence of unified control and suitability of any proposed agreements, contract, or other instruments, or for amendments in those proposed, particularly as they may relate to arrangements or provisions to be made for the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained at public expense. Documents submitted with the application provide evidence of unified control. The PUD document makes appropriate provisions for continuing operation and maintenance of common areas. 3. Conformity of the proposed Planned Unit Development with the goals, objectives and policies of the Growth Management Plan (GMP). The subject petition has been found consistent with the goals, objectives and policies of the GMP. Please see the staff report for a more detailed discussion. 4. The internal and external compatibility of prgposed uses, which conditions may include restrictions on location of improvements, restrictions on design, and buffering and screening requirements. Staff analysis indicates that this petition is compatible, both internally and extemally, with the proposed uses and with the existing surrounding uses. 5. The adequacy of usable open space areas in existence and as proposed to serve the development. The amount of open space set aside by this project is consistent with the provisions of the Land Development Code. C e The timing or sequence of development for the purpose of assuring the of available improvements and facilities, both public and Private. Exhibit "B" G:\Current\Deselem\PUD Rezones~Bristol Pines PUDZ-2002-AR-3542~PUD findings.doc Page 1 of 2 t Se Approval of this project will not adversely impact the timing or sequence of development that is currently allowed in the area. Furthermore, the adopted concurrency requirements ensure that Level of Service (LOS) degradation should not OCC~II'. The ability of the subject property and of surrounding areas to accommodate expansion. Ability, as applied in this context, implies supporting infrastructure such as wastewater disposal system, potable water supplies, characteristics of the property relative to hazards, and capacity of roads, is supportive of conditions emanating from urban development. Infrastructure is or will be in place in the vicinity and itw adequacy will be determined when development approval is sought. Conformity with PUD regulations, or as to desirable modifications of such regulations in the particular case, based on determination that such modifications are justified as meeting public purposes to a degree at least equivalent to literal application of such regulations. The requested rezoning conforms to PUD regulations or the petitioner has sought deviations that staff analysis finds justified. Exhibit "B" G:\Current\Deselem\POD Rezones~,ristol Pines PUDZ-2002-AR-3542~:>UD findings.doc Page 2 of 2 FEB 2 200 2zr/ To: From: Date: Subject: Memorandum Kay Deselem, AICP, Principal Planner, current Planning Section David Weeks, AICP, Chief Planner, Comprehensive Planning Section October 3, 2003 Future Land Use Element (FLUE) Consistency RevieW 3rd memo PETITION NUMBER: PUDZ-2002-AR-3542 (1011/03 re-submittal) PET/TION NAME: Bristol Pines REQUEST: Rezone the +/- 22.77-acre site from A, Rural AgriCultural, to PUD, to permit 159 DUs and associated accessory uses, for a gross densitY of 6.98 DU/A. LOCATION: The subject site is located on the east side of Collier Blvd. (CR-951), one mile south of Immokalee Road (CR-846), in Section 35, T48S, R26E. COMPREHENSIVE PLANNING COMMENTS: The subject property is designated Urban (Urban - Mixed Use District, Urban Residential Subdistdct) on the Future Land Use Map of the Growth Management Plan. Relevant to this petition, this Subdistrict allows a variety of residential uses; essential services; and, recreation and open space uses. As to residential use, review of the DensitY Rating System yields the site is eligible for 4 DU/A, unless the Affordable Housing Density Bonus is utilized, which could result in a maximum bonus of 8 DU/A, yielding a maximum eligible density of 12 DU/A. The companion AHDB Agreement demonstrates the site is eligible for a 3 DU/A bonus (68 DUs); when added to the base density of 4 DU/A, this results in an eligible project density of 7 DU/A (159 DUs total). FLUE Policy 5.4 requires new land uses to be compatible with the surrounding area. Comprehensive Planning leaves this determination to Current Planning staff as part of the total review of the petition. CONCLUSION: Based upon the above analysis, staff concludes the proposed uses and density may be deemed consistent with the FLUE. PETITION oN CD PLUS cc: Susan Murray, AJCP, Current Planning Manager Stan Litsinger, AiCP, Comprehensive Planning Manager Cormac Giblin, Housing Development Manager, HU! CD/FLUE File CD PUDZ-2002-AR-3542 Bristol Pines #3 G, Comp, David, CD Memos and Letters, RT_.s and PDAs dw110-3-03 Community Development & Environmental Services Division, Planning Services Department, Comprehensive Planning Section Memorandum To: From: Date: Subject: CC: Kay Deselem, AICP, Principal Planner, Current Planning Section Cormac Giblin, Housing Development Manager, FAH January 16, 2004 Bristol Pines PUD, AHDB Recommendation David Weeks, AICP, Chief Planner, Comprehensive Plannihg Section Patrick White, Assistant County Attorney PETITION NUMBER: PUDZ-2002-AR-3542 PETITION NAME: Bristol Pines FINANCIAL ADMINISTRATION AND HOUSING DEPARTMENT COMMENTS: The subject re-zone petition includes a companion Affordable Housing Density Bonus Agreement (AHDB). Through the AHDB the petitioner is requesting a density bonus of 3 units per acre by developing 16 units of the proposed 159 total (10%) as affordable housing. As proposed, the Bristol Pines development will consist of 159 units of multi-family (townhouse) home-ownership of which 10% (16 units) will be affordable to households earning less than 60% of the area median income (Iow-income). 2003 Annual income limits of proposed Iow income residents: Number of household members: 1 2 3 4 5 16 Low Income Units- $29~300 $33,500 $37,700 Average Yearly Salaries of Selected Occupations in Collier County: $41,900 $45,200 Secretary $26,310 Electrician $28,200 Firefighter $32,610 Deputy $33,490 Teacher $42,540 CONCLUSION: Based upon the information provided in the PUD and accompanying Affordable Housing Density Bonus Agreement, staff finds the proposed development to be consistent with section 2.7.7 of the LDC and Housing Element of the Growth management Plan. STAFF RECOMMENDATION: Approval AFFORDABLE HOUSING COMMISSION RECOMMENDATION: Approval 6/0, 1-9-04. Financial Administration and Housing Department Community Development and Environmental Services Division ACtA i'r~ No. FEB 2 200 ENVIRONMENTAL ADVISORY COUNCIl, ,STAFF REPORT .MEETING .OF FEBRUARY 4~ 20(?. Item V. ge II. III. NAME OF PETITIONER/PROJECT: Petition No.: Petition Name: ApplicanffDeveloper: Engineering Consultant: Environmental Consultant: LOCATION: Residential Planned Unit Development No. PUDZ-2003-AR-3542 Bristol Pines PUD Waterways Joint Venture IV by Waterways Development Inc. R.W.A., Inc. Passarella and Associates, Inc. The subject property is located on the east side of Collier Boulevard (County Road 951), approximately one mile south of Immokalee Road in Section~ 35, Township 48 South, Range 26 East, Collier County, Florida. Tree Farm Road borders the north side of the property. DESCRIPTION OF SURROUNDING PROPERTIE,_": Surrounding properties include undeveloped land, single-family residences and agricultural type uses. .ZONING N - Agricultural PUD (Nicaea Academy) S - Agricultural E - Agricultural W - R.O.W. DESCRIPTION Tree Farm Road Undeveloped Single-family homes Agricultural uses Single-family homes Agricultural uses Collier Blvd. FEB 2 ~ 200~ EAC Meeting Page 2 of 7 IV. VJ PROJECT DESCRIPTION: The Bristol Pines RPUD is 22.77±-acre project that proposes a maximum of 159 dwelling unit (an overall density of 6.98 units per acre) residential development that will consist of any combination of single-family attached, zero lot line, or single-family detached dwelling units. Single-family attached units could be developed as townhouses with multiple dwelling units in each slxueture. The petitioner also propose to provide amenities such as a clubhouse, a swimming pool and tennis facilities or other similar active and passive recreational facilities. Access to the property will be from Collier Boulevard (C.R. 951), with the project's entrance to be located approximately 330 feet south of Tree Farm Road. The petitioner is also seeking approval of an Affordable Housing Density Bonus Agreement authorizing the developer to utilize Affordable Housing Bonus Density (AHBD) units (in the amount of 68 units at 2.98 bonus density units per acre) in the development of this project for low-income residents. Each residential unit will be served with centrally provided potable water, sanitary sewer, electric power, and telephone. Additional services will be provided as deemed appropriate. GROWTH MANAGEMENT PLAN CONSISTENCY: Future Land Use Element: The subject property is designated Urban - Mixed Use District, Urban Residential Subdistrict on the Future Land Use Map (FLUM) of the GMP. This Subdistrict allows a variety of residential uses; essential services; and, recreation and open space uses. The Density Rating System of the GMP indicates the site is eligible for 4 dwelling units per acre, unless the Affordable Housing Density Bonus is utilized, which could result in a maximum bonus of 8 dwelling units per acre, yielding a maximum eligible density of 12 dwelling units per acre. The companion AHDB Agreement demonstrates the site is eligible for a 3 dwelling units per acre bonus (68 DUs); when added to the base density of 4 dwelling units per acre, this results in an overall project density of 7 dwelling units per acre (159 DUs total). FLUE Policy 5.4 requires new land uses to be compatible with the surrounding area. The property to the north (across Tree Farm Road) was recently rezoned to PUD (Nicaea Academy) to allow for a residential project with a maximum density of 2.1 dwelling units per acre. Land to the south and east is zoned and used ! agricultural purposes. The nearest PUD zoned tract to the east is the Vander~ Country Club PUD that was approved at a density of 2.48 units Per acre. Acv EAC Medting Page 3 of 7 Collier Boulevard (CR 951) is Brittany Bay PUD, approved at a density of 8.16 units per acre, and Summit Place of Naples PUD (formerly known as Hibiscus PUD), which was approved at a density of 4 units per acre. Slightly further west is the Wolf Creek PUD that was approved at a density of 4 units per acre. None of the adjacent tracts sought or received approval of bonus density by providing affordable housing units as Bristol Pines proposes. Goals, Objectives and Policies of the GMP mandate that affordable housing be provided in Collier County. Further, Policy 1.4 of the Housing Element states, "Affordable housing will be distributed equitably throughout the County using strategies which include, but are not limited to, density bonus agreements, and impact fee waivers or deferrals. In addition, affordable housing will be located where adequate infrastructure and services are available." Thus affordable housing units are to be distributed throughout the county, and this project's location is in compliance with that Policy of the Housing Element. The FLUM states, in the Provision of Adequate and Affordable Housing, that "the Future Land Use Element encourages the creation of affordable housing through provisions which allow for increased residential density if the proposed dwelling units would be affordable based on the standards found in the Housing Element." Comprehensive Planning staff concludes the proposed uses and density may be deemed consistent with the FLUE. Conservation & Coastal Management Element: The project as proposed is consistent with the Policies in Objective 6.1 and 6.2 of the Conservation & Coastal Management Element, for the following reasons: Fifteen percent (15 %) of the existing native vegetation will be retained on-site and set aside as preserve areas with conservation easements prohibiting further development. Habitat management and exotic vegetation removal/maintenance plans will be required at the time of Site Development Plan/Construction Plan submittal. Preserve areas shall be required to be maintained free of Category I invasive exotic plants, as defined by the Florida Exotic Pest Plant Council. The requirement for an Environmental Impact Statement (EIS) pursuant to Policy 6.1.8 has been satisfied. The absence of jurisdictional wetlands on the project site has been field verified by the South Florida Water Management District,' as required by Policy 612.1 AO~_N~)A I'1'~ -- EAC Meeting Page 4 of 7 VIo In accordance with Policy 6.2.6, required preservation areas have been identified on the PUD master plan. Allowable uses within the preserve areas are included in the PUD document. A wildlife survey for listed species in accordance with Policy 7.1.2 is included in the Environmental Impact Statement (EIS). Wildlife habitat management plans for listed species will be required at the time of Site Development PlarffConstmction Plan submittal. A copy of the EIS has been forwarded to the Florida Fish and Wildlife Conservation Commission (FFWCC) for their review, since state listed wildlife species (gopher tortoises) occur on the property. MAJOR ISSUES: Stormwater Management: According to the. Drainage Atlas of Collier County, prelSared by the County Stormwater Management Department, the site sits within the 951 Canal North Basin and should discharge into the 951 Canal at a maximum rate of 0.15 cfs per acre. The design consists of a using a large central lake to achieve water quality retention and peak flow attenuation, followed by controlled discharge into the receiving canal. Because of the relatively small size of the project and the lack of wetlands, water management permitting will be done by Engineering Review Services Staff. Environmental: Site Description: The subject property is approximately 22.77 acres, over 80% of which is cleared and in agricultural use. The eastern portion of the site contains a single-family home site surrounded by pine-cypress habitats. According to the Soils Map for Collier County, two soil types are found on project site. These soil types include Holopaw fine sand, limestone substratum (Unit 2) and Riviera fine sand, limestone substratum (Unit 18). Both soils are listed as hydric by the Natural Resources Conservation Service. AC-~IDA IT~' FEB 2 200 EAC Meeting Page 5 of 7 Wetlands: VII. No Collier County / South Florida Water Management District (SFWMD) jurisdictional wetlands have been identified on the property. Field verification for wetlands was performed by Cory Peck of the SFWMD on February 4, 2003. Preservation Requirements: Approximately 3.78 acres of the site consists of native vegetation, of which 0.94 acres (25%) will have to be retained pursuant to Policy 6.1.1 of the Conservation and Coastal Management Element of the Growth Management Plan. The location of the preserve area is identified on the PUD master plan. Listed Species: A listed plant and wildlife species survey was conducted on-site during September 11, 2003, with additional observations made on July 26, 2003. During the survey, five active and one inactive gopher tortoise burrows were identified on-site. The gopher tortoise burrows were located in the spoiI pile habitat (FLUCFCS Code 743) adjacent to the single-family residence on the east side of the property. In addition, a Florida coontie (Zamia floridana) was observed in the residential area (FLUCFCS Code 110) adjacent to t~e spoil pile. The Florida coontie will be relocated to an appropriate upland preserve. A gopher tortoise relocation plan is not proposed at this time but will be required at the time of Site Development Plan/Construction Plan submittal. RECOMMENDATIONS: Staff recommends approval of Planned Unit Development No. PUDZ-2003-AR- 3542 "Bristol Pines PUD", with the following stipulations: Stormwater Management: None. Environmental: No additional stipulations. FEB 2 200t EAC Meeting Page 6 of 7 PREPARED BY: s~,,,~ ci-w,z~ows~'~.~. ENGINEERING RE~ MANAGER ENGINEERING SERVICES OEP~T~m DATE STEPHEN LENBERGER ENVIRONMENTAL SPECIALIST ENVIRONMENTAL SERVICES DEPARTMENT DATE PRINCIPAL PLANNER DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW DATE REVIEWED BY: BARBARA S. BURGES(Mq PRINCIPAL ENVIRONMENTAL SPECIALIST ENVIRONMENTAL SERVICES DEPARTMENT DATE FEB 2 ~ 200~ EAC Meeting Page 7 of 7 ~TOR, ENVIRONMENTAL SERVICES DEPARTMENT DATE .~US~ MURRAY, AICP, ENTE~ DIRECTOR, DEPARTMENT OF EON/NG AND LAND DEVELOPMENT REVIEW DATE APPROVED BY: DATE EO~y DEVELOPMENT & ENVIRONMENTAL SERVICES DMSION FE~ 2 ~. 200t~ Bristol Pines, PUDZ-2003-AR-3411 List of Deviations Deviation #1 seeks relief from Appendix B, Typical Street Section, B-4 and B-5 that requires 60 feet, to allow 50 feet. A 50-foot right-of-way is permitted in this RPUD to provide for flexibility in development design, subject to providing easements for required utilities generally parallel to the right-of-way. This is a reasonable deviation that has been implemented in subdivisions throughout the County, and does not compromise health, safety, and welfare issues related to civil engineering design. DeViation #2 seeks relief from LDC Sections 2.6.11.4.2., and 2.6.11.5. that require fences in all zoning districts to be screened from view. Given the restricted width of the RPUD property, and constraining development standards of the South Florida Water Management and Collier County, requires use of retaining walls on the project's perimeter to contain untreated storm water runoff within the RPUD boundaries. In an effort to implement the identified development requirements of the LDC, the following standard is required: Coated chain-link fence may be used in the landscape buffer along the north and south property boundaries, associated with the retaining walls, landscape materials must be installed between the fence and property line, as well as interior to the fence, to achieve 80% opacity to a height of 7 feet from natural grade. The intent of this standard is to screen the exterior of the retaining wall, as well as to buffer the residential land uses from adjacent properties. Deviation #3 seeks relief from LDC Section 2.6.11.6., that required fences to be measured from the existing grade, to allow fences to be measured from finished grade as noted in PUD document Section 6.12.B. Again, restricted width of the RPUD property, and constraining development standards of the South Florida Water Management and Collier County requires use of retaining walls on the project perimeter to contain untreated storm water nmoff within the RPUD boundaries. To ensure compatibility with adjacent properties to the north and south, as well as screening the project's west property boundary, fences may be installed on berming and back-filled retaining walls, as depicted in Cross-sections B-B, C-C and F-F in Appendix A of the RPUD Document and Sheet 4 of the P.PUD Plans Set. p:k2002~024)l 51.01 Bristol Pines PUD\O002 Rezoning\Bfistol Pines Deviations.doc 4IH RI~-$U BllqlIIAI- PUDZ-2003-AR-3542 PROJECT #20021 DATE: 12/22/03 KAY DESELEM "FEB Z ti 200t APPLICATION FOR PUBLIC HEARING FOR: PUD REZONE Petition No.: Date Received: Planner Assigned: __ Commission District: 3RD RE-SUBMITTAL PUDZ-2003-AR-3542 PROJECT/12002100014 -- DATE: 11/25/03 KAY DESELEM ABOVE TO BE COMPLETED BY STAFF General Information: Name of AppliCant(s): Applicant's Mailing Address: 14627 Collier Blvd City:. Naples State:' Applicant's Telephone #: (239) 352-6610 Name of Agent Dwight H. Nadeau Firm: Agent' s Mailing Address: City.' Naples Agent's Telephone #: .. Agent's E-Mai/Address: Waterways Joint Venture IV by Waterways Development Inc. Florida Fax #: R.W.A., Inc. 3050 North Horseshoe Drive, Suite 270 State: Florida _Zip: (239) 649-1509 Fax #: dhn~consult-rwa.com Zip: _34120 (239) 352-1460 34104 (239) 649-7056 Name of Agent Agent's Mailing Address: City:. Naples Agent's Telephone # Agent's E-Mail Address: Richard D. Yovanovich Firm. Goodlette, Coleman & John.qon, PA 4001 Tamiami Trail North, Suite 300 State: Flor/da Zip: 34103 (239) 435-3535 ext 256 Fax # ryovanovich@~ci law.corn (239) 43 5-1218 COLLIER COUNTY COMMUNITY DEVELOPMENT PLANNING SERVICES/CURRENT PLANNING 2800 N. HORSESHOE DRIVE-NAPLES, FL 34104 PHONE (239) 403-2400/FAX (239) 643-6968 FEB 2 2006 Complete the following for all Association(s) affiliated with this petition. (Provide additiOnal sheets if necessary) RWA Note: TBN = To Be Noticed Name of Homeowner Association: Property Owner's Association of N. Collier County (TBN) Mailing Address 141' West Avenue City Naples State FL Zip 34108 Name of Homeoxxrner Association: Mailing Address City State __Zip Name of Master Association: Mailing Address City State __ Zip Name of Civic Association: Mailing Address City State ~ Zip Disclosure of Interest Information: ao If the property is owned fee simple by an INDIVIDUAL, tenancy by the entirety, tenancy in common, or joint tenancy, list all parties with an ownership iaterest as well as the percentage of such interest. Ct/se additional sheets if necessary). Name and Address Percentage of Ownership 100% bo If the property is owned by a CORPORATION, list the officers and stockholders and the percentage of stock owned by each. Name and Address, and Office Waterways Joint Venture IV B__~_Waterways Development Inc. 14627 Collier Blvd N__~_ples, Florida' 34120 W_____aterways Joint Venture IV - Bribro - President - Brian Seligman DESN - President - Robert B. Miller Percentage of StOCk Folio: 00205560002 Folio: 00205480001 Folio: 002 Folio: 002£ acw:no~ 100% ~ 2 2006 25% 25% S~ ~-. Waterways ~ Hibiscus Ltd. o President - R/chard Davenport 50% If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with the percentage of interest. Name and Address Percentage of Interest do If the property is in the name of a GENERAL or LIMITED PARTNERSHIP, list the name of the general and/or limited partners. Name and Address Percentage of Ownership If there is a CONTRACT FOR PURCHASE, with an individual or individuals, a Corporation, Trustee, or a Partnership, list the names of the contract purchasers below, including the officers, stockholders, benefiCiaries, or partners. Name and Address Percentage of Ownership Date of Contract: Date of Contract: If any contingency clause or contract terms involve additional parties, list all individuals or officers, if a corporation, partnership, or trust. Name and Address Date subject property acquked (X) 5/1/2003 & 7/11/2003 leased ( ): lease yrs./mos. If, Petitioner has option to buy, indicate date of option: term/nates: , or anticipated closing date Term of and date option o ho Should any changes of ownership or changes in contracts for purchase occur subsequent to the date of application, but prior to the date of the final public hearing, it is the responsibility of the applicant, or agent on his behalf, to submit a--.A__.,vv.~~ · disclosure of interest form. Detailed legal description of the property covered by the application: inadequate, attach on separate page.) If request involves change to more that district, include separate legal description for property involved in each distric one zoning' shall submit four (4) copies of a recent survey (completed Within the last six months, maximum 1" to 400' scale) if required to do so at the pre-application meeting. NOTE: The applicant is responsible for supplying the Correct legal description. If questions arise concerning the legal description, an engineer's certification or sealed survey may be required. Section: 35 Township: 48 South Range: 26 East Lot: Block: Subdivision: Plat Book Page #: Propm~'y I.D.#: 00205560002 00205480001 ' 00205520000' 00205760006' Metes & Bounds Description: COMMENCING AT THE NORTHWEST CORNER OF SECTION 35, TOWNSHIP 48 .SOUTH, RANGE 26 EAST~ THENCE ALONG THE NORTH LINE OF SAID SECTION 35, PROCEED N 89o56'57" E, FOR lOO.0 THENCE LEAVING SAID NORTH LINE S 02o16'29" E, FOR 30.02 FEET ALONG THE EASTERLY BOUNDARY OF A 100 FOOT ACCESS EASEMENT, ALSO BEING PARALLEL WITH THE WEST IJNE OF SAID SECTION 35, TO A PO]]qT ON THE SOUTH RIGHT O1' WAY OF TREE FARM ROAD AND ALSO BEING THE POINT OF BEGINNING; THENCE ALONG SAID SOUTH RIGHT OF WAY, AI~qO BEING PARALLEL WITH THE NORTH LINE OF SAID SECTION 35, N 89056'57" E FOR 1552.29 FEET; TIq'ENCE LEAVING SAID SOUTH RIGHT OF WAY S 02o16'25" E FOR 639:48 FEET; THENCE SOUTH 89056'32" W FOR 1552.27 FEET TO A POINT ON THE EAST LI2"TE OF A 100 FOOT CANAL EASEMENT; THENCE ALONG SAID EAST IJNE OF CANAL EASEMENT, BEING PARALLEL WITH THE WEST LINE OF SAID SECTION 35, N 02o16'29" W FOR 639.67 FEET TO THE POINT OF BEGINNI2qG OF THE PARCEL HEREIN DESCRIBED. CONTAINING 992050.3 SQUARE FEET OR 22.8 ACRES MORE OR LESS. SUBJECT TO EASEMENTs AND RESTRICTIONS OF RECORDS. BEARINGS ARE BASED ON THE NORTH LINE OF SECTION 35, TOWNSHIP 48 ~OUTH, RANGE 26 EAST, AS BEING NORTH 89°56'57'' EAST. Size of property.: 1,550 fi. X 640.ft: = Total Sq. Ft. _992,050.3 Acres 22.80 Address/general location of subiect property.: Generally, 14750 Collier Boulevard. The proposed Bristol Pines PUD is located side of Collier Boulevard (C.R. 951), approximately 1 mile south of hmnokalee -846). The subiect Property is accessible from Collier Boulevard, in Section 35, T( ~outh, Range 26 East, Collier County, Florida. ,n ~ .oatlo4C.K arnship_48 FEB Z 200 .,. Ad|acent zoning and land use: Zoning Land use N PUD Nicaea Academy - undeveloped lands S A Single-family residence and disturbed land E A All undeveloped lands W A Commercial landscape nursery and truck repair shop Does the owner of the subject property own property contiguous to the subject property? so, give complete legal description of entire contiguous property. attach on separate page). YES Section: 35 Township: 48 S Range: 26 E Lot: Block: 'Subdivision: Plat Book Page #: Property I.D.#: 00205600001 Metes & Bounds Description: The South ½ of the Northeast ¼ of Section 35, Township 48 South, Range 26 East, Collier County, Florida; less the East 30 feet threof. If (If space is inadequate, Rezone Request: This application is requesting a rezone from the ~ zoning district(s) to the RPUD zoning district(s). Present Use of the Property: Mixed - undeveloped and some disturbed lands. Proposed Use (or range of uses) of the property: A residential subdivision Evaluation Criteria: Pursuant to Section 2.7.2.5 and Sec. 2.7.3.2.5 of the Collier County Land Development Code, staff's analysis and recommendation to the Planning Commission, and the Planning Commission's recommendation to the Board of County Commissioners shall be based upon consideration.of the applicable criteria noted below. Provide a narrative statement describing the rezone request with specific reference to the criteria noted below. Include any backup materials and documentation in support of the request. Standard Rezone Considerations (LDC Section 2. 7.2.5) Whether the proposed change will be consistent with the goals, objectives, and policies and future land use map and the elements of the growth management plan. -- Yes, see the Statement of Compliance located in the Bristol Pines PUD D, The existing land use pattern. 2 200 Yes, the proposed project will be consistent with the existing land use pattern, given the recent approvals of PUD Zoning adjacent, and surrounding the proposed PUD property. The possible creation of an isolated district unrelated to adjacent and nearby districts. No, the proposed PUD Zoning District will be comparable and compatible to the recently approved PUD Zoning Districts adjacent and surrounding the subject property. Whether existing district boundaries are illogically drawn in relation to existing conditions on the property for the proposed change. Yes, the Agricultural Zoning District in the Urban/Mixed Use Future Land Use Designation is merely a holding District until it is appropriate for a change to a Urban District. Whether changed or changing conditibns make the passage of the proposed amendment (rezone) necessary. Historically, the area has changed from an agricultural land use pattern to a mixed residential/non-residential area containing conventional housing, R.V. development, a truck repair business, and a public school. Therefore, the proposed zoning change is appropriate based on the existing conditions of the property, and the surrounding properties, and because of its relationship to the Future Land Use Element of the Growth Management Plan is a positive one. Whether 'the proposed change will adversely influence living conditions in the neighborhood No, the development standards, and commitments contained in the PUD will provide reasonable assurance that the project, when completed, will not adversely affect living conditions in the area. Whether the proposed change will create or excessively increase traffic congestion or create types of traffic deemed incompatible with surrounding land uses, because of peak volumes or projected types of vehicular traffic, including activity during construction phases of the development, or otherwise affect public safety. No, the roadway infrastructure commitments attendant to the approval of this PUD will improve existing vehicular circulation patterns, and will enhance access opportunities required for public safety. 8. Whether the proposed change will create a drainage probIem. No, th e'drainage infrastructure commitments attendant to the approval ol will not degrade, and may improve existing drainage. 9. Whether the proposed change will seriously reduce light and air to adjacent AGENDA ! thi~UD , FEB 2 200, cas. No, the development standards in the PUD document ameliorate any potential fight reduction issu es, and standard practices for infrastructure construction will include the regular watering of un£mished roadways. 10. Whether the proposed change will seriously affect property values in the adjacent area. 11. 12. This is a subjective determination based upon anticipated results, which .may be internal or external to the subject property that can affect property values. Property valuation is affected by a host of factors including zoning; however, zoning by itself may or may not affect values, since the determination by law is driven by market value. The mere fact that a property is given a new zoning designation may or may not affect value. The proposed PUD should have a positive impact on property values. Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations. No, the basic premise underlying the zoning development standards in the Collier County Land Development Code, which the PUD document will become a part of if approved, is that their application, when combined with the approvals processes, gives reasonable assurance that a change in zoning will not deter improvement of adjacent property. Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasted with the public welfare. No,. the proposed PUD rezoning complies with the Growth Management Plan. Public policy statements support zoning actions when they are consistent with said Plan. In light of this fact, the proposed zoning change does not constitute a grant of special privilege. Consistency with the Future Land Use Element of said Plan is further determined to be a public welfare relationship becaUse actions consistent with the Plan are in the public interest. 13. 14. Whether there are substantial reasons why the property cannot be used in accordance with existing zoning. " The subject property can be developed in accordance with the existing zoning, however, to do so would deny this Petitioner of the opportunity to maximize the develOpment potential of the site as made possible by its consiStenCy relationship with the Future Land Use Element of the Growth Management Plan. Whether the change suggested is out of scale with the needs of the neighborhood or the courtly. No, the proposed PUD will not be out of scale with the needs of the nei the density is limited to the proposed 7.0 dwelling units per acre. Tc Nicaea Academy PUD, which is currently petitioning for a PUD Change residential units (up to 4.87 upa). To the west is Brittany Bay Apar ~he ~orth is :o allow 580 15. which, is approved for 487 residential units (up to 8.1 upa). The provision of affordable work force housing in this area is appropriate and necessary based on proximity to the recently approved Mission Hills PUD, the proposed Nagel-Craig Business Park PUD which will be creating entry level service and retail jobs to the south of the proposed Bristol Pines PUD. This location is also in close proximity to three public schools and could help to provide affordable housing for teachers in the area. Whether it is impossible to find other adequate sites in the county for the proposed use in districts already permitting such use. There are very few sites that are zoned to accommodate the proposed development, but this is not usually the determining factor when evaluating the appropriateness of a rezoning decision. The determinants of zoning are consistency with all elements of the Growth Management Plan, land use compatibility, adequacy of infrastructure, and to a lesser extent the timing of the action. 16. The physical characteristics of the property and the degree of site alteration which would be required to make the property usable for any of the range of potential uses under the proposed zoning classification. The extent of site alteration will be determined as a function of obtaining development plan approvals that will further define the PUD. 17. The impact of development on the availability of adequate public facilities and services consistent with the levels of service adopted in the Collier County growth management plan and as defined and implemented through the Collier County Adequate Public Facilities Ordinance [Code ch. 106, art. IIJ, as amended. 18. The programmed improvements as set forth in Collier County's Capital Improvement Element of the Growth Management Plan addresses the adequacy of public services and levels of service to be consistent with the Growth Management Plan relationships. Such other factors, standards, or criteria that the board of county commissioners shall deem important in the protection of the public health, safety, and welfare. To be determined. PUD Rezone Considerations (LDC Seca'on 2. 7.3.2.5) 1. The suitability of the area for the type and pattern of devel°Pment pr°p osed in relation to physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer, water, and other utilities. The proposed PUD's consistency with the locational criteria set forth on tE Land Use MaP and supporting Future Land Use Element (FLUE), of th~ Management Plan (GMP), and consistency with the applicable Elements access, drainage, water, sewer, and other utilities, combined with the der conditions and commitments contained in the proposed PUD docum~ o reasonable assurance that all infrastructure will be developed consistent with County regulations. Adequacy of evidence of unified control and suitability of any proposed agreemen ts, contract, or other instruments, or for amendments in those proposed, particularly as they may relate to arrangements or provisions to be made for the continuing operation and maintenance of such areas and facilities that are not to be provided or maintained at public expense. Findings and recommendations of this type shall be made only after consultation with the county attorney. The documents submitted with this Petition Application provide evidence of unified control. Further, the proposed PUD document makes appropriate provisions for continuing operation and maintenance of common areas. Conformity of the proposed PUD with the goals, objectives and policies of the growth management plan. Please refer to the Statement of Compliance located in the Bristol Pines PUD Document. o o The internal and external compatibility of proposed uses, which conditions may include restrictions on location of improvements, restrictions on design, and buffering and screening requirements. The PUD Master Plan has been designed to optimize internal land use relationships through the use of various forms of open space separation. Additionally, mOst external relationships are automatically regulated by the Land Development Code to ensure harmonious relationships between projects. The adequacy of usable open space areas in existence and as proposed to serve the development. The amount of open space set aside by this proposed project meets or exceeds 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. The timing and sequence of the permitting the proposed development coincides with the programming of the County's proposed capital improvements to meet concurrency requirements. Adequate improvements, utilities and other facilities can be provided. The ability of the subject property and of surrounding areas to accommodate expansion. Ability, as applied in this context, implies supporting infrastructure such as wasteWater disposal system, potable water supplies, characteristics 'the relative to hazards, and capacity of roads is supportive of conditi, as el~anating from urban development. Relative to this Petition, development ff tlLe__sgl?ject 200 o 10. 11. o property is timely, because supporting infrastructure are available, or will be in place by the time permitting of the proposed improvements is complete. Conformity with PUD regulations, or as to desirable modifications of such regulations in the particular case, based on determination that such modifications of justified as meeting public purposes to a degree at least equivalent to literal application of such regulations. The development standards in the proposed PUD document are similar to those standards used for the residential structures and related improvements when compared to County regulations. Deed Restrictions: The County is legally precluded from enforcing deed restrictions, however, many commurdties have adopted such restrictions: You may wish to contact the civic or property owners association in the area for which this use is being requested in order to ascertain whether or not the request is affected by existing deed restrictions. Previous land use petitions on the subject prooerty: To your knowledge, has a public hearing been held on this property within the last year? If so, what was the nature of that hearing? ~No. Additional Submittal requirements: In addition to this completed application, the following shall be submitted in order for your application to be deemed sufficient, unless otherwise waived during the pre-application meeting. a) A copy of the pre-application meeting notes; b) If this rezone is being requested for a specific use, provide twenty (20) copies (this includes: HUI if affordable housing, Joyce Ernst, if residential and Immokalee/Water Sewer District, if in Immokalee) of a 24" x 36" conceptual site plan [and one reduced 8½" x 11" copy of site plan], drawn to a maximum scale of 1 inch equals 400 feet, depicting the following [Additional copies of the plan may be requested upon completion of staff evaluation for distribution to the Board and various advisory boards such as the Environmental Advisory Board (EAB), or CCPC]; · all existing and proposed structures and the dimensions thereof, · provisions for existing and/or proposed ingress and egress (including pedestrian ingress and egress to the site and the structure(s) on site), all existing and/or proposed parking and loading areas [include matrix indicating required and provided parking and loading, including required parking for the disabled], · required yards, open space and preserve areas, · proposed locations for utilities (as well as location of existing utility se the site), rices to FEB 2 2006 a) b) c) d) e) 0 g) proposed and/or existing landscaping and buffering as may be required by the County, An architectural rendering of any proposed structures. An Environmental Impact Statement (EIS), as required by Section 3.8. of the Land Development Code (LDC), or a request for waiver if appropriate. Whether or not an EIS is required, two copies of a recent aerial photograph, (taken within the previous twelve months), minimum scale of one inch equals 400 feet, shall be submitted. Said aerial shall identify plant and/or wildlife habitats and their boundaries. Such identification shall be consistent with Florida Department of Transportation Land Use Cover and Forms Classification System. Additionally, a calculation of the acreage (or square feet]) of native vegetation on site, by area, and a calculation and location(s) of the required portion of native vegetation to be preserved (per LDC Section 3.9.5.5.4.). Statement. of utility provisions (with ail required attachments and sketches); A Traffic Impact Statement (TIS), unless waived at the pre-application meeting; A historical and archeological survey or waiver application if property is located within an area of historical or archaeological probability (as identified at pre- application meeting); Any additional requirements as may be applicable to specific conditional uses and identified during the pre-application meeting, including but not limited to any required state or federal permits. h) An electronic version of the PUD on a disk as part of this submittal package. STATE1VIENT OF UTILITY PROVISIONS FOR PUD REZONE REQUEST NAME OF APPLICANT: Waterways Joint Venture IV by Waterways Development Inc. MAILING ADDRESS: 14627 Collier Blvd CITY Naples STATE Florida ZIP 3412 0 ADDRESS OF SUBJECT PROPERTY (IF AVAILABLE): Generally, 14625 Collier Boulevard. The proposed proiect site is generally located on the east side of Collier Boulevard (C.R. 951), approximately ¼ mile north of Wolfe Road, in Section 35, Township 48 South, Range 26 East, Collier County, Florida. LEGAL DESCRIPTION: Section: Lot: Plat Book 35 Township: 48 South Range: Block: Subdivision: Page #: Property I.D.#: 26 East 00205560002 00205480001 00205520000 00205760006 Metes & Bounds Description: COMMENCING AT THE NORTHWEST CORNER OF SECTION 35, TOWNSI-ffP 48 SOUTH, RANGE 26 EAST; THENCE ALONG THE NORTH LINE OF SAID SECTION 35, PROCEED N 89056'57'' E, FOR 100. 08 FEET; THENCE LEAVING SAID NORTH LINE S 02°16'29" E, FOR 30.02 FEET ALONG THE EASTERLY BOUNDARY OF A 100 FOOT ACCESS EASEM]ENT, ALSO BEING PARALLEL WITH THE WEST LINE OF SAID SECTION 35, TO A POINT ON THE SOUTH RIGHT Ol~' WAY OF TREE FARM ROAD AND A1 ,SO BEING THE POINT OF BEGINNING; THENCE ALONG SAID SOUTH RIGHT OF WAY, ALSO BEING PARALLEL WITH THE NORTH LINE OF SAID SECTION 35, N 89056'57'' E FOR 1552.29 FEET; TH]ENCE I.EAVING SAID SOUTH RIGHT OF WAY S 02o16'25" E FOR 639.48 FEET; THENCE SOUTH 89056'32'' W FOR 1552.27 FEET TO A POINT ON THE EAST LINE OF A CONTAINING 992050.3 SQUARE FEET OR 22.8 ACRES MORE OR LESS. SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORDS. BEARINGS ARE BASED ON THE NORTH LINE OF SECTION 35, T SOUTH, RANGE 26 EAST, AS BEING NORTH 89°56'57" EAST. 100 FOOT CANAL EASEMENT; THENCE ALONG SAID EAST LINE OF CANAL EASEMENT, BEING PARALLEL WITH THE WEST LINE OF SAID SECTION 35, N 02o16'29" W FOR 639.67 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED. TYPE OF SEWAGE DISPOSAL TO BE PROVIDED (Check applicable system): a. COUNTY UTILITY SYSTEM ~ 1~. CITY UTILITY SYSTEM - c. FRANCHISED UTILITY SYSTEM PROVIDE NAME d. PACKAGE TREATMENT PLANT (GPD capacity). e. SEPTIC SYSTEM TYPE OF WATER SERVICE TO BE PROVIDED: a. COUNTY UTILITY SYSTEM l~. CITY UTILITY SYSTEM e. FRANCHISED UTILITY SYSTEM PROVIDE NAME d. PRIVATE SYSTEM (WELL) TOTAL POPULATION TO BE SERVED: 382 (159 Units) PEAK AND AVERAGE DAH,Y DEMANDS: A. WATER-PEAK 214.6 GPM AVERAGE DAILY 38,200 GPD B. SEWER-PEAK 171.6 GPM AVERAGE DAILY 30,560 GPD Note: 2.5 Peak Factor, and sewer demand is 80% of water demand. IF PROPOSING TO BE CONNECTED TO COLLIER COUNTY REGIONAL WATER SYSTEM, PLEASE PROVIDE THE DATE SERVICE IS EXPECTED TO BE REQUIRED: 10. NARRATIVE STATEMENT: Provide a brief and concise narrative statement and schematic 12. drawing of sewage treatmeni process to be used as well as a specific statement regarding the method of affluent and sludge disposal. If percolation ponds are to be used, then percolation data and soil involved shall be provided fi:om tests prepared and certified by a professional en~neer. COLLIER COUNTY UTILITY DEDICATION STATEMENT: If the project is located within the services boundaries of Collier County's utility service system, written notarized statement shall be provided agreeing to dedicate to Collier County Utilities the water distribution and sewage collection facilities within the project area upon completion of the construction of these facilities in accordance with all applicable County ordinances in effect at the at time. This statement shah also include an agreement that the applicable system development charges and connection fees will be paid to the County Utilities Division prior to the issuance of building permits by the County. If applicable, the statement shall contain shall contain an agreement to dedicate the appropriate utility easements for serving the water and sewer systems. STATEMENT Unless waived or otherwise provided for at the pre-application meeting, if th, receive sewer or potable water services fi:om any provider other than the Count from that provider indicating that there is adequate capacity to serve the pr provided. Utility Provision Statement RJM 10/17~97 OF AVAILABILITY CAPACITY FROM OTHER PROVIDERS: ~,-oi ,ct is to PUD REZONE APPLICATION SUBMITTAL CHECKLIST THIS COMPLETED CHECKLIST IS TO BE SUBMITTED WITH APPLICATION PACKET! REQUIREMENTS # ov NoT COPIES REQUIRED REQUIRED 1. Completed Application 20* 20 2. Copy of Deed(s) and list identifying Owner(s) and all 2* 2 Partners if a Corporation 3. Completed Owner/Agent Affidavit, Notarized 2* 2 4. Pre-application notes/minutes 20* 20 5. Conceptual Site Plans 20* 20 6. Environmental Impact Statement - (ELS) 4 4 7. Aerial Photograph - (with habitat areas identified) 5* 5 8. Completed Utility Provisions Statement (with required 4 4 attachments and sketches) 9. Traffic Impact Statement - (TIS) 4 4 10. Historical & Archaeological Survey or Waiver 4 4 ApPlication 11. Copies of State and/or Federal Permits 4 fl-~ tX, 12. Architectural Rendering of ProPosed Structure(s) 4 N/A 13. Pre-Application Fee, Application Fee and Data - Conversion Fee Check shall be made payable to Collier County Board of Commissioners 14. An :electronic version of the PUD on a disk as part of the submittal packet. 15. PUBLIC PARTICIPATION MEETING: APPLICATION SUBMITTAL: Copy of Affidavit attesting that all property owners, civic associa.tions and property owner associations were notified. Copy of audio/video recording of public meeting. Written account of meeting. 16. Affordable Housing Density Bonus Agreement 4 N/A including all APpendices and Exhibits. 17. OTHER REQUIREMENTS: * Documents required for Long-Range Planmng Review * 1 additional co )y if for affordable housing As thc authorized agent/applicant for this petition, I attest that all of the information indicated on this checklist is thc delay~~ licant Signature I Dat~ FEB 2 ~ 200~ COLLIER COUNTY UTILITY DEDICATION STATEMENT I, Richard Davenport, President of Waterways Development, Inc. as General Partner of Waterways Joint Venture IV, being first duly sworn, depose and say that Waterways Joint Venture IV agrees to dedicate to Collier County Utilities, the water distribution, and sewage collection facilities within the project area upon completion of the construction of these facilities in accordance with all applicable County ordinances in effect at the at time. Additionally, Waterways Joint Venture IV, or successor developer agree that the applicable system development charges and connection fees will be paid to the County Utilities Division prior to the issuance of building permits by the County. Finally, and if applicable, Waterways Joint Venture IV, or successor developer agrees to dedicate the appropriate utility easements for serving the water and sewer systems. by Waterways Development, Inc. foregoing instrument_.was acknowledged before me this ] 7~3~q day of ~ 200 ~,. , by ~(J~£t~ })~tVe_n,~DF4-- who is personally known to me or has produced as-id~tification. State of Florida County of Collier MY¢0MME,90N # ~!~ ~ (S 'gna~'~ Notary Public - St~[of Florida) (Print, T~ or St~p Co~issi6ned N~e of Not~ Public) PUDZ-2002-AR-3.~ PROJECT #20021 DATE: 1/2/03 KAY DESELEM 2 200 89/17/2883 1G:34 9543828855 wATERWAYS DEV PAC_.-~E 82/82 I,, Richard Davenport, President of Waterweys D~velopment, Ina as General Partner'of Waterways Joint Venture ~ being,first duly sworn, depose and say that V~aterways J~oint Fenture IV is the contract purchaser with the owners of the property described herein, and which i~ the subject matter of the proposed ]tearing; that aH the answers to the questions in this application, including the disclosure of in terest information, all sketches, data, and other supplementary matter attached to and made a part of this application, are honest and true to the best of my knowledge and belief. I understand that the information requested on thi~ application must be complete and accurate and that the content of this form, whether computer generated or County printed shah not be significantly altered, tY~blic hearings will not be advertised until this application is deemed complete, and ail required information has been submitted. As contract purchaser, and President of Waterways Deve!opment, lng a,v General Partner of Waterways Joint Venture IV, ] further authorize Richard D. Yovanovich, Attorney at Law of Goodlette. Coleman & Johnson. to act as my representative in any matters regarding this Petition. lY/aterways Joint Venture ~. by Waterways jg~t, Inc. $igna~tract~" '~urchaser Typed or Printed 1VanCe of Contract Purchaser I r11~ 200~ , by Richard Davenport, who is persqFallF know. n to, me or has produce~ . " _.._..-- as identification. State of Florida County of Collier 2ND RE-SUBMITTAL PUDZ-2003-AR-3542 PROJECT #2002100014 DATE: 10/1/03 KAY DESELEM (Signature of Notary Public - State of Florida) ~,n~ mm sram (Print, Type, or Stamp Commissfi Name of Notary Public) AFFIDA FIT I,, Richard Davenport, President of Waterways Development, 'Inc. as General Partner of Waterways Joint Venture 1K, being first duly sworn, depose and say that Waterways Joint Venture IV is the contract purchaser with the owners of the Property described herein, and which is the subject matter of the proposed hearing; that all the answers to the questions in this application, including the disclosure of interest information, all sketches, data' and other supplementary matter attached to and made a part of this application, are honest and true to the best Of my knowledge and belief. I understand that the information requested on this application must be complete and accurate and that the content of this form, whether computer generated or County printed shah not be significantly altered. Public hearings will not be advertised until this application is deemed complete, and all required information has been Submitted As contract purchaser, and President of Waterways Development, Inc. as General Partner of Waterways Joint Venture IV,~ I further authorize Dwight Nadeau, Planning Manager of RWA, Inc., to act as my representative in any matters regarding this Petition. Waterways Joint Venture IV by ~c. Signatu~re o/Con, tract,~Purchaser Typed or Printed Name of' Contract Purchaser The foregoing instrument was acknowledged before me this / ~3~q day of ~, 200 ~ , by Richard Davenport, who is personallF known Id me or has produced as identification. State of Florida County of Collier..~,~, MY COMMIS~ON ~ 001620,52 I~ember 4, (Signature of Notary Pubhc State of Florida) ~t¥in~t,~y~e',~Sta~mp~oSi~ Name of Notary Public) I~ECEIVED DEC 0 3 2002 Telephone (954) 382-0020 December 2, 2002 RWA, Inc 3050 North Horseshoe Dr., Suite 270 Naples, Florida 34104 To Whom It May Concern: Waterways Joint Venture IV 11860 West State Road 84 - Suite B15 Davie, Florida 33325 Facsimile (954) 382-0055 PUDZ-2002-AR-3542 PROJECT #2002100014 DATE: 1/2/03 KAY DESELEM Please be advised that authorization is hereby given to the firm of RWA, Inc., to act as agent in all actions relating to the permitting of a residential development on the following described lands: COMMENCING AT THE NORTHWEST CORNER OF SECTION 35, TOWNSHIP 48 SOUTH, RANGE 26 EAST; THENCE ALONG THE NORTH LINE OF SAID SECTION 35, PROCEED N 89o56'57" E, FOR 100.08 FEET; THENCE LEAVING SAID NORTH LINE S 02o16'29'' E, FOR 30.02 FEET ALONG THE EASTERLY BOLrNDARY OF A 100 FOOT ACCESS EASEMENT, ALSO BEING PARALLEL WITH THE WEST LINE OF SAID SECTION 35, TO A POINT ON THE SOUTH RIGHT OF WAY OF TREE FARM ROAD AND ALSO BEING THE POINT OF BEGINNING; THENCE ALONG SAID SOUTH RIGHT OF WAY, ALSO BEING PARALLEL WITH THE NORTH LINE OF SAID SECTION 35, N 89o56'57" E FOR 1552.29 FEET; THENCE LEAVING SAID SOUTH RIGHT OF WAY S 02°16'25'' E FOR 639.48 FEET; THENCE SOUTH 89056'32" W FOR 1552.27 FEET TO A POINT ON THE EAST LINE OF A 100 FOOT CANAL EASEMENT; THENCE ALONG SAID EAST LINE OF CANAL EASEMENT, BEING PARALLEL WITH THE W-EST LINE OF SAID SECTION 35, N 02°16'29'' W FOR 639.67 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED. CONTAINING 992050.3 SQUARE FEET OR 22.8 ACRES MORE OR LESS. SUBJECT TO EASEMENTS AND RESTRICTIONS oF RECORDS. BEARINGS ARE BASED ON THE NORTH LINE OF SECTION 35, TOWNSHIP 48 SOUTH, RANGE 26 EAST, AS BEING NORTH 89o56'57" EAST. Waterways Joint Venture IV Waterways Development, ~ By Gene~_ral~p~~ . _ Richard/JOavenport, as President FEB 2 ~. 200~ Davenptyrt Agent letter Page 2 of 2 STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was NOTAt~Y PUBLIC NOTARY PUBLIC Commission Number: Witness my hand and seal this ~ day of acknowledged before me this ~.~} day of ~tot_e~4,..' 2002, , who is personally known to me,--'-~d who did not take an oath. ,2002. FEB 2 ~ 200~ ~100 Town Cb,~. ~ ,S4d~m 430 ~o~as B. Garlick, Esq. Garlick, Stetler & Peoples, LL~ 5551 R/d~uwood Drive, Suit, 101 Naples, FL 34108-2718 3178681 OR: 3284 PG: 1167 I~0~1~ in OI'fi~UL u¢O~B of COLLHI CO~, ~ Coils 1200000.00 BC 131 lJ.qO DOC-JO ILO0.00 iota: h~d ID ~qm.bcr: 00205560002,205520000,205480001 Warranty Deed. r. '/'hislndenm~e, ]~,.,de~, ~.; ~,~ My , 2003 A.~.. OSS, LLC, a New York limited l£abilit~ company of ~ ~ or Monroe , ~ ~ New York 14624 Waterways Joint Venture IV, a Florida general partnership Between · grantor, md of k Cmm~ ~ , ~ of Florida , grantee. ......... ~~of ~I~ Parcels of l~d ~ing ~ of ~on 35, To~sh~p 48 Sou~, ~m"ge 26 East, as moro p~ti~ly ~scr~ on at~e~ S~CT to zoning, bulling co~ ~d o~er use res~ic~ons ~s~ by gover~en~l au~ori~, outs~4ng oil, gas, ~d ~neral int~ests of r~ord, if ~; res~ic~ons ~ easy--ts c~on to ~e ~vision; ~ r~l es~to 31, 2002. ~T~ wi~ all ~e tenants, here~t~ts ~d app~n~ces ~ereto ~longing or in ~a~ ~ ~ ~ TO HO~ ~e Signed, sealed and delivered in our pruence: Wi tnes s Witness 3RD RE-SUBMITTAL PUDZ-2003-AR-3542 PROJECT #2002100014 DATE: 11/25/03 KAY DESELEM OS$, //~, a New York limited By: 3~_~T,~. Santandrea (Seal) Managing ~r P.O. ~: 2~ B~R ~, R~er, N~ Y~ 1~ (Corporate Seal) STAT~ OF New York COU~FY OF ~n=oe .d'-- 'rk f~ ~ ~ ~ ~ ~ ~J~' ~ ~ ~ , 2003 S~uel A. San~ea, ~ag~g ~er of OSS, ~C, a ~ew York l~m4t~ li~ility c~mw~y, on ~half of ~e c~y ~~M~~New ~ork ~iv~'s lic~so ~~ ~rin~d N~e: ~;oE , ~-~ No~ ~1io Exh~b ~.u A Land lY~ in tt~ N°ah N2 of flu: Nor~we~t I/4 of the Northwest 1/4 of Section 35, Tow~ 48 .~mlh, ~ ~ ~ ~ Co~' County. Flodda. as Parcel 1: North I/2 oftl~ ~ou~ 1/2 of t~e North 1/2 of s,~ Northv~u 1/4 or'the Northwest 1/4 ofS~m 35, Township 48 P'ang~ 26 East, su~j~ ~o an ~ting zuad ~ht of w.ay, LES~ ibc V~r~st 100 fee~ Ih~w~ot~ for ~ ~ ~ Soutl~ Parc~ 2: The Sou~ 1/2 ot'th~ ~tth I/2 of li~ Nor~ 1/2 of the Not~hv~st 1/4 of the Northwe~ II4 of'Section 35. Town=hip 48 ~ FEE) 2 200 r~mNum~.00205760006 Warranty D~ Cl~a Wa~, a s~gle w~ July *** 3225567 OR: 3348 PG: 1329 ** U~ OU22/20fl ~ 3ZSOOO.a~ ~-.70 22h 5100 ~ · 2003 AD.. Between of ~*e ~ of Collier . so of Florida Waterways Joint Venture IV. a Floricta Partners~il~ , granto£, and whose odd.ss is: 1441 Davtla Street, Haplee, Florida 34120 of ~- c_~my of Collier , ~ of Floric~ , gmtee. W'~esseth .......... ~ ~ ($10) ~h~ ~11ier s~ of Flori~ ~e West 1/4 of ~e Nor~ 1/2 of ~e Not.east 1/4 of ~e Not.west 1/4 of S~tion 35, To~s~ip 48 Sou~, ~ge 26 East, Collier Flori~. Subject to restrictions, reservations and eas~ents of record, if a~, a~d taxes subsequent to 2003. ,2003 by FEB 2 ~ 200~ J 2003 FOR PROFIT CORPOI~ATION" Apr 22, 2003 8.00 UNIFORM BUSINESS REPOilk~l',__~i~/a.)· !. ~ Secretary of Stab DOCUMENT # Pg5000095040' WATERWAY~ OEV~OPIVENT, INC. 6:lS B-IS ~ICE~ ~ DIRECTOF .eOLAn. ~NON ' 10151 COLLJN~ A~ ~ 8m aI. JHNY I~..E$ ~ FL 3,1160 D 1om COLLaS AYE APT 81o ~NHY I...~~ BF..ACH FL [::] Dmm OAS 0n~lPOm, ,I, STEV~ 180(~5 SW ~ AVE. &lAW FL 33157 I~ DiIm ODddl ED oc~ o~ Details Fo,o 'o.I 0020~000' I rage ~ ox ~ Current Ownership Property Address~ 3850 'TREE FARM RD Owner Name~ WATERWAYS JOINT VENTURE IV Addres$==~ 914 GRA FID RAPIDS BLVD c~yll RAPLES I S~[e~ FL I zip1 34120 - 4.430 Legalu 35 48 26 Nll2 OF Nll2 OF NWll4 4 LESS N 30' & W 100' ~ FOR R/VV DRAINAGE '1 i To~nshil Sub No. I 100 Range R Acres 26 R 8A RET.HOMES & MISC. RESIDENCES Map NO. I Strap No. I 3B35 482635 013.0023B35 I I ~ Milla~_e Area i I 1o3 I ~ Millage 13.1244 2003 Final Tax Roll Values l Land Value I (+) Improved Value I (=) Market Value I (') SOH Exempt Value I (=) As~e~__~ed Value Latest Sales History 2~4,ooo.ooLI o.t. I Book- Page $6o,368.ooll 05/2003 [ 3284-1167 $ 354,368.0011o?, 2OOl I 2852- 3466 $ 0.00 I I 07/2001I 28s2- 3462 354,368.00 I I 06 11995 I 2068 - 209 10 11989 ~ 1474 - 678 01 11984 Ii 1062 - 1785 I (') H°mes+-??~ and other Exer~pt Value i $ 0.00 I (=) Taxable Value II $ 354,368.00 SOH = "Save Our Homes" exempt value due to cap on assessment increases. Amount I $1,200,000.OO $ 575,000.00 $ 575,000.OO $ 0.00 I $175,000.00 1 $ 200,000.00 J The Information is Updated Weekly. http://www.collierappraiser-c°m/Rec°rdDetail'asp?F°li°ID=0000000205560002 AGENDA ~ ./~ FEB 2 ~ 2004 12/12/2003 Current. Ownership [ Folio oo2o 8ooo1 .ESS ' Strap No.~ · .0003B35. ' 13.1244 2003 Final Tax Roll Values Land Value ,(+) Improved Value (=) Market Value i(-) SOH Exempt Value (=) Assessed Value '(-) Homestead and other Exempt Value (=) Taxable Value $161,700.00 $ 0.00 $161,700.00 $ 0.00 $161,700.00 $ 0,00 I $161,700.00- SOH = "Save Our Homes' exempt value due to cap on assessment increases Date 051 2003 07 ! 2001 O7 ! 1983 = 021 1973 Latest Sa les History Book ~ Page 3284 - 1167 2852 - 3464 2852 - 3462 1031 - 1470 507 - 737 Amount $1,2oo,o0o. $ STS,000.m.. $10,000.0( The Information is Updated Weekly. http://www.collierappraiser.com/RecordDetail.asp?FoliolD=0000000205480001 FEB Z ~ 200~ 12/12/2003 Detads Page 1 of 1 Folio No4 00205520000 Current Ownership Property AddressI 14750 COLLIER BLVD I I i Owner NameI WATERWAYS JOINT VENTURE IV AddressesH 914 GRAND RAPIDS BLVD cirri NAPLES I StateH FL I I =pi ~4~o-443o I LegalS. 35 48 26 S1/2 OF Sll2 OF Nl!2 ~ OF NWll4 OF NWll4, LESS R/W I I SectionI Township I R~.ge I ^c~s # Map .o. 35 I 4. I 25 i 4.62 I 3B35 Sub No. 100 '~ Use Code 7 RET. HOMES & MISC. RESIDENCES Strap No. 482635013.0013835 ~ '~ Millage Area 13.1244 ! 2003 Final Tax Roll Values [ Land Value I $161,700.00 I (+) Improved Value I I(=) Market Value H (-) SOH Exempt Value I $ 0.00 [ (=) Assessed Value I $180,541.00 I (') Homestead and other Exempt Value I $ 0.00 ! (=) Taxable Value ~ $180,541.00 SOH = "Save Our Homes" exempt value due to cap on assessment increases. $18,841.00 $180,541.00 Date ~5 ~ 200= 07 / 200~ o7 / 2004 { 07/1963 Latest Sales History Book- Page 3284-1167 2852- 3464 2852- 3462 1031-1470 Amount $1,200,000.00 $ 575,000.00 The Information is Updated Weekly. http://www.collierappraiser.com/RecordDetail.asp?FoliolD=0000000205520000 2/12/2003 Details Page I of' Current Ownershin Folio N--~. 00205760006 35 48 26 W114 OF Nll2 OF NEll4 OF NWl/4 $ AC OR 1741 PG 2002 2003 Final Tax Roll Values [ Land Value I (+) Improved Value I (=) Market Value I (') SOH Exempt Value I (=) Assessed Value I (') Hom~[ead and other Exempt Value $110,000.00 $ 66,103.00 $176,103.00 $ 76,663.00 $ 99,440.00 $ 50,000.00 Latest Sales History [ (=) Taxable Value $ 49,440.00 SOH = "Save Our Homes" exempt value due to cap on assessment increases. 07 / 2003 3348- 1329 $ 325,~ [ 08/1992 I 1741- 2002 I The Inforrnalion is Updated Weekly. http://www.collierappmiser.com/RecordDetail.asp?FoliolD=0000000205760006 AGENDA I~ No. FEB 200 . 12/12/2003 Memo To: Dwight Nadeau From: Nicole Gassaway CC: Date: 11/8/2002 Re:. PIM for Bdstol Pines PUD PUDZ-2002-AR-3542 PROJECT #2002100014 DATE: 1/2/03 KAY DESELEM Account of Public Information Meeting for Bristol Pines PUD Date: Thursday, November 70~, 2002 Time: 6:00 PM Place: Faith Community Church - 6455 22"d Avenue N.W. - · Attendees: Dwight Nadeau - RWA, Inc. Nicole Gassaway- RWA, Inc. Jamey Anderson - RWA, Inc. Fred Reischl - Collier County NO MEMBERS OF THE PUBLIC ATTENDED Discussion: Meeting was scheduled to begin at 6:00 PM. When no members of the public appeared by 6:15 a decision was made to not give the planned presentation. Attendees were on site until approximately 6:45 PM breaking down the exhibits and closing the meeting location back up. No video or audio recordings were made since no presentation was given. FEB 2 6 200 . . '~V"'?. '-' .. - "Ui'.'-'7. ...... : Mark Your 'The meeij;g Calendar the Faith To.A~end Avenue N.W.. The meeting will star-.at Purpose' of Dwight Nadeau of RWA I'nO., Public Hibiscus Ltd. to.Jnformme Information proposed rezoning of landS'fko~ Meeting Planned Unit Development (~UD) 22.~77 acres of land'loCated C~lier BouJevard " "~uth of lmmokalee prope~' address ~s .14750 COil Rezone prope~ from A, AgricultUre tO request an a~ordable housing · fok no more than 159 multi-: .Units on apProximately 22,77 ac BriStol Pines PUD. The prop.o~d: less than 60% of its land as~ Proposed Project Description We value your input Your comments will be forWarded Comments or questions relevant'th' the petition, may be submitted at the'meetir verbally or in writing, or by mai!,.phOne,. 1 -Linda Bedtelyon;. .. - -. Community Pl~inning Coordinator :_ ' ' .: Community Development &Environmental. Services AdminisTration e=mail by November 25, 2002 to':- ~" .. j = r. ~,~ 2 ~ 2OO~ 2800 N. Horseshoe Drive _ . Naples, FL 34104 : (239) 213-2948 · (239)403-2395 fa~ Ijndabedtelvon@colliergov. net 3050 North Horseshoe Drive, Suite 270, Naples, Florida 34104 (239) 649-1509, fax: (239) 649-7056 MAP OF A.L.T.A. / A.C.S.M. LAND TITLE SURVEY A PARCEL OF LAND LYING IN SECTION 35, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA PFIOJECT L OCA PUDZ-2002-AR-3542 PROJECT #2002100014 DATE: 1/2/03 KAY DESELEM ~,OF_SIGNED: DRAWN: ~cx~o: 3050 North Horseshoe Drive; Suite 270 Naples. Flodda 34104 Phone: (239) 649-1509 FAX: (239) 649-7056 PUBLIC INFORMATIONAL MEETING Mark Your Calendar To Attend Thc meeting will be held on November 7, 2002, Community Church, located at 6455 22nd Avenue N.W. wills, tart at 6:00 PM. ~ose of Public Information~ at the Faith The meeting Dwight Nadeau of RWA Inc., agent for Waterways at Hibi'~Cus Ltd. to inform members of the public of a proposed rezoning~of lands from A, Agriculture, to Planned Unit Development (PUD) for approximately 22.77 acres of land located on the east side of Collier Boulevard (CR 951), approximately 1 mile south of lmmokalee Road (CR 846). The general property address is 14750 Collier Boulevard. ~ - · Proposed Project Description Rezone property from A, Agriculture to PUD, and request an affordable housing density bonus to allow for no more than 159 multi-family residential dwelling units on approximately 22.77 acres, to be known as Bristol Pines PUD. The proposed project will have no less than 60% of its land as open space. We Value Your Input Your comments will be forwarded to the Petitioner Comments or questions relevant to the proposed petition may be submitted at the meeting, either verbally or in writing, or phone, fax, or e-mail by November 25, 2002 to: hy mail, Linda Bedtelyon, Community Planning Coordinator Community Development & Environmental Services Administration 2800 N. Horseshoe Drive, Naples, FL 34104 (239) 213-2948, FAX:(239) 403-2395, lindabedtelyon~colliergov.net 3050 North Horseshoe Drive, Suite 270, Naples, Florida 34104 · (239) 649-1509, fax: (25 FEI~ 2 ~ 200~ 649-?056 October 31, 2002 Dear Property Owner/Homeowner/Civic Association Officer: Please be advised that it is the sender's intent to make formal application to Collier 'County to rezone the following described property: The proposed Bristol Pines PUD is located on the east side of Collier Boulevard ~C.R. 951), approximately 1 mile south of lmmokalee Road (C.R. 846). The subject property is accessible from Collier Boulevard. The general property address is 14750 Collier Boulevard. The Project is located in Section 35, Township 48 South, Range 26 East. We intend to ask the Board of County Commissioner's to approve a rezoning that will accomplish the following: :~.. Rezone property from A, Agriculture to PUD, and request an affordable housing density bonus to provide for no more than 159 multi-family residential dwelling units on approximately 22. 77 acres, to be known as Bristol Pines PUD. The proposed project will have no less than' 60% of its land as open space. In order to provide you with an oppommity to become fully aware of our intentions to rezone the above-described property, and to give you an opportunity to ask questions and provide input relative to the proposed rezoning request, we are holding a public information meeting on November 7th, 2002, at the Faith Community Church, located at 6455 22nd. Avenue N.W. The meeting will start at 6:00 PM. At this meeting we will make every effort to explain the proposed PUD rezoning, what the project development intent will be. Comments and any other information relevant to the proposed petition may be submitted at the meeting, verbally or in writing, or by mail, phone, fax, or e-mail by December 8th, 200~..to: Linda Bedtelyon - Interim Community Planning Coordinator ~i~i~ Community Development & Environmental Services Administration 2800 N. Horseshoe Drive, Naples, FL 34104 PHONE: (239) 213-2948, FAX: (239) 403-2395, E-MAIL: lindabedtelyon(~_,colliergov.net Sincerely, Dwight Nadeau, Planning Manager, RWA, Inc. C:XDocuments and SettingsMeselemkay~ocal SettingsWemporary Interact Files\OLKAFMraftpublicnoticeletAssocV1 .l.doc FEB 2 t~. 200~ 5Z. - AFFIDAVIT OF COMPLIANCE I hereby certify that pursuant to Ordinance 01-60, of the Collier County Land Development Code, I did give notice by mail to the following property owners and or condominium and civic associations whose members may be impacted by the proposed land use changes at their current address as shown by the records of the Collier County Property Appraiser of an application request for a rezoning, PUD amendment, conditional use, variance or parking exemption, at last 10 days prior to the scheduled Public Information Meeting. The said notice contained the legal and or laymen's description of the site property of proposed change and the time and place of a Public Information Meeting. Per attached letters and or property owner's list which are hereby made a part of this Affidavit of Compliance Planning Manager RWA, Inc. State of Florida County of Collier The foregoing Agreement Sheet was acknowledged before me this of__~j'_~ ,2002by J~UD[6--,I~+ ~t'tldC(~lJ -' Who is personally known to me or'as produced identificatiOn. day as · a/ure oflqotary (Print no/me of Notary Public)/ NOTARY PUBLIC PUDZ-2002-AR-3542 PROJECT #200210001 DATE: 1/2/I)3 KAY DESE~LEM FEI3 2 200 October 31, 2002 PUDZ-2002-AR-3542 PROJECT #2002100014 DATE: 1/2/03 KAY DESELEM Dear Property Owner/Homeowner/Civic Association Officer: please be advised that it is the sender's intent to make formal application to Collier County to rezone the following described property: The proposed Bristol Pines PUD is located on the east side of Collier Boulevard (C.R. 951), approximately 1 mile south of lmmokalee Road (C.R. 846). The subject property is accessible from Collier Boulevard. The general property address is 14750 Collier Boulevard. The Project is located in Section 35, Township 48 South, Range 26 East. We intend to ask ttie Board of County Commissioner's to approve a rezoning that Will accomplish the following: Rezone property from A, Agriculture to PUD, and request an affordable housing density bonus to provide for no more than 159 multi-family residential dwelling units on approximately 22.77 acres, to be known as Bristol Pines PUD. The proposed project will have no less than 60% of its land as open space. In order to provide you with an opporttmity to become fully aware of our intentions to rezone the above-described property, and to give you an opportunity to ask questions and provide input relative to the proposed rezoning request, we are holding a public information meeting on November 7th, 2002, at the Faith Community Church, located at 6455 22nd. Avenue N.W. The meeting Will start at 6:00 PM. At this meeting we will make every effort to explain the proposed PUD rezoning, what the project development intent will be. Comments and any other information relevant to the proposed petition may be submitted at the meeting, verbally orin writing, or by mail, phone, fax, or e-mail by December 8th, 2002 to: Linda Bedtelyon - Interim Community planning Coordinator Community Development & Environmental Services Administration 2800 N. Horseshoe Drive, Naples, FL 34104 PHONE: (239) 213-2948, FAX: (239) 403-2395, E-MAIL: lindabedtel¥onC~colliergov.net Dwight Nadeau, Planning Manager, RWA, Inc. P:X2002 Projects\02-0151OI Bristol Pines PUD\0004 Public Participation PlankdraftpublicnoticeletAssocV1.1 .doc 3050 North Horseshoe Drive, Suite 270, Naples, Florida 34104 · (239) 649-1509, fax: (239) 649-7056 ° www. consult-rwa.com FEB 2q 200 McIntyre, Barton & Wendy L. 6071 Copper Leaf Lane Naples, FL 34116-6719 OSS LLC. 200 Buell Road Rochester, NY 14624-3134 Warren, Clara. 3770 Tree Farm Road Naples, FL 34120-3938 Kuehnert, Allen & Jennifer PMB 227 6017 Pine Ridge Road Ext. Naples, FL 34119-3956 Fitzek, James K. & Sandra K. P.O. Box 814 Naples, FL 34106-0814 Collier County Collier Co. Water-Sewer District 3301 Tamiami Trail E. Bldg. F Naples, FL 334112-4902 Gilbert, Bryan E. & Loretta J. 14720 Collier Blvd. Naples, FL 34119-9591 FARS Corp. % Girardin Baldwin 517 Castello Drive Naples, FL 34103-8929 Yrewitch, Richard R. 14775 Collier Blvd. Naples, FL 34119-9592 Hernandez, Ruben A. & Rosa H. 321 County Road 951 Naples, FL 34119-9534 Waterways Joint Venture IV 914 Grand Rapids Blvd. Naples, FL 34120-4430 Brittany Bay Partn ers Ltd 1551 Sandspur Road Maitland, FL 32751-6138 FEB 2 ~ 200~ PUDZ-2002-AR-3542 PROJECT #200210001i DATE: 1/2/03 KAY DESELEM AC_.~A IT~ '~ No. ~. ~ FEB 2 ~ 200~ XUA CONSULTING · Engineers ' Surveyors & Mappc~ ' Planners · Project Managers November 8, 2002 Brittany Bay Partners Ltd 1551 Sandspur Road. Naples, FL 32751-6138 PUDZ-2002-AR-3542 PROJECT//2002100014 DATE: 1/2/03 KAY BESELEM Subject: 02-0151.01 Bristol Pines PUD Dear Sir/Madam: Please be advised that it is Waterways at Hibiscus, Ltd.'s intent to make formal application to Collier County to rezone lands near your property: The proposed Bristol Pines PUD is located on the east side of Colher Boulevard (C.R.. 951), approximately 1 mile south of Immokalee Road (C.R. 846). The subject property is accessible fi:om Collier Boulevard. The general property address is 14750 Colher Boulevard. The Project is located in Section 35; Township 48 South, Range 26 East. The Board of County Commissioners will be petitioned to approve a rezoning that will accomplish the following: Rezone property from A, Agriculture to PUD, and request an affordable housing density bonus to provide for no more than 159 multi-family residential dwelling units on approximately 22. 77 acres, to be known as Bristol Pines PUD. The proposed project will have no less than 60% of its land as open space. We advertised a Public Information Meeting that was held at 6:00 PM on November 7, 2002 at Faith Community Church. We noticed that you were not in attendance at the meeting and, as an adjacent property owner, we want to make every effort to apprise you of the intent to rezone the property to allow for a multi-family development. If you have any questions about the project please contact Dwight Nadeau - Planning Manager at R~VA, Inc. to discuss your concerns. Sincerely, Nico"l'e R. Gassaway Project Coordinator RWA Inc. Encls. Copy of Public Information Meeting Notice Vicinity Map for Project File CC: AG~A I~ ~ FEI ;t 200 , P:U002 Projec~s~02-0151.01 Bristol p~ p~ Public Panieipatbn P~m~Fono~p~t~.~ t~a-m.d~ Page 1 of 1 3050 North Horsoshoo Drivo, 8uito 270, ~aplos, Florida 34~ 04 · (239) 649-1509, fax: (239) 649-7056. www. consult-rwa.com CONS U£,TING · Engineers · Surveyors & Mappers · Planners · Project Managers November 8, 2002 PUDZ"2002-AR-3542 PROJECT tt2002100014 DATE: 1/2/03 KAY DESELEM Waterways Joint Venture IV 914 Grand Rapids Blvd. Naples, FL 34120-4430 Subject: 02-0151.01 Bristol Pines PUD Dear Sir/Madam: Please be advised that it is Waterways at HibiScus, Ltd.'s intent to make formal application to Collier County to rezone lands near your property: The proposed Bristol Pines PUD is located on the east side of Collier Boulevard (C.R. 951), .approximately 1 mile south of Immokalee Road (C.R. 846). The subject property is accessible fi:om Collier Boulevard. The general property address is 14750 Collier Boulevard. The Project is located in Section 35, Township 48 South, Range 26 East. The Board of County Commissioners will be petitioned to approve a rezoning that will accomplish the following: Rezone property from A, Agriculture to PUD, and request an affordable housing density bonus to provide for no more than 159 multi-family residential dwelling units on approximately 22. 77 acres, to be known as Bristol Pines PUD. The proposed project will have no less than 60% of its land as open space. We advertised a Public Information Meeting that was held at 6:00 PM on November 7, 2002 at Faith Community Church. We noticed that you were not in attendance at the meeting and, as an adjacent property owner, we want to make every effort to apprise you of the intent to rezone the property to allow for a multi-family development. If you have any questions about the project please contact · Dwight Nadeau - Planning Manager at RWA, Inc. to discuss your concerns. SincerelY, Nicole R. Gassaway Project Coordinator RWA Inc. Encls. CC: Copy of Public Information Meeting Notice Vicinity Map for Project File P:~2002 ?rojecl~MY2-Ol51.01 Bristol Pine~ PUD\0004 Public Participation ?lan~ropen'yOwncrFollowupLelt~--I 14)8~02.doc Page 1 of 1 3050 North Horseshoe Drive, Suite 270, Naples, Florida 34104 · (239) 649-1509, fax: (239) 649-7056 · ww~ AGEI~A ITEM~ No. FEB Z 200 '22 :consult-rwa.com WTA C ONSL:L'FINC · Engineers · Surveyors & Mappers · Planners · ,th'oject Managers November 8, 2002 Ruben A. & Rosa ti. Hemandez 321 County Road 951 Naples, FL 34119-9534 PUDz"2002-AR.3542 PROJECT #2002100014 DATE: 1/2/03 KAy DESELEM Subject: 02-0151.01 Bristol Pines PUD Dear Mr. & Mrs. Hernandez: Please be advised that it is Waterways at Hibiscus, Ltd.'s intent to make formal application to Collier County to rezone lands near your property: The. proposed Bristol Pines PUD is located on the east side of Collier Boulevard (C.R. 951), approximately 1 mile south of Immokalee Road (C.R. 846). The subject property is accessible from Collier Boulevard. The general property address is 14750 Collier Boulevard. The Project is located in Section 35, Township 48 South, Range 26 East. The Board of County Commissioners will be petitioned to approve a rezoning that will accomplish the following: Rezone property from A, Agriculture to PUD, and request an affordable housing density bonus to provide for no more than 159 multi-family residential dwelling units on approximately 22.77 acres, to be known as Bristol Pines PUD. The proposed project will have no less than 60% of its land as open space. We advertised a Public Information Meeting that was held at 6:00 PM on November 7, 2002 at Faith Community Church. We noticed that you were not in attendance at the meeting and, as an adjacent property owner, we want to make every effort to apprise you of the intent to rezone the property to allow for a multi-family development. If you have any questions about the project please contact Dwight Nadeau - Planning Manager at RWA, Inc. to discuss your concerns. Sincerely, Nicole R. Gassaway Project Coordinator RWA Inc. Encls. Copy of Public Information Meeting Notice Vicinity Map for Project ~ cc: File ! FEB 2 200 3050 North Horseshoe Drive, Suite 270 Naples Florida 34104 o (239) 649-1509 fax: (239) 649-7056 · www. consult-rwa.corn i XYTA CO.NSL:-LTI NG , Engineers · Surveyors & Mappe~ · Planners , Project Managers PUDZ-2002-AR.3542 PROJECT #2002100014 DATE: 1/2/03 KAY DESELEM November 8, 2002 Mr. Richard Yurewitch 14775 Collier Blvd. Naples, FL 34119-9534 Subject:. 02-0151. 01 Bristol Pines PUD Dear Mr. Yurewitch: Please be advised that it is Waterways at Hibiscus, Ltd.'s intent to make formal application to Collier County to rezone lands near your property: The proposed Bristol Pines PUD is located on the east side of Collier Boulevard .(.C.R. 951), approximately 1 mile south of Immokalee Road (C.R. 846). The subject property is accessible from Collier Boulevard. The general property address is 14750 Collier Boulevard. The Project is located in Section 35, Township 48 South, Range 26 East. The Board of County Commissioners will be petitioned to approve a rezoning that will accomplish the following: Rezone property from A, Agriculture to PUD, and request an affordable housing density bonus to provide for no more than 159 multi-family residential dwelling units on approximately 22. 77 acres, to be known as Bristol Pines PUD. The proposed project will have no less than 60% of its land as open space. We advertised a Public Information Meeting that was held at 6:00 PM on November 7, 2002 at Faith Community Church. We noticed that you were not in attendance at the meeting and, as an adjacent property owner, we want to make every effort to apprise you of the intent to rezone the property to allow for a multi-family development. If you have any questions about the project please contact Dwight Nadeau - Planning Manager at RWA, Inc. to discuss your concerns. Sincerely, Nicole R. Gassaway Project Coordinator RWA Inc. EnclS. CCi Copy of Public Information Meeting Notice Vicinity Map for Project File P%2002 Projects\02-0151.0l Bristol Pines pLrD\0004 Publk Parlicipation Plan~PropertyO~nerFollowupL~ter-11-08-02.doc FEB 2 200tt Page l of l Pg- '7/ 3050 North Horseshoe Drive, Suite 270, Naples, Florida 34104 · (239) 649-1509, fax: (239) 649-7056 · www. consult-rwa.corn CON S ULTI,NC; · Engineers · Surveyors & Mappers · Planners °Pm. iect Managers November 8, 2002 PUDZ-2002-AR-3542 PROJECT #2002100014 DATE: 1/2/03 KAY DESELEM FARS Corp. c/o Girardin Baldwin 517 Castello Drive Naples, FL 34103-8929 Subject: 02-0151.01 Bristol Pines PUD Dear Mr. Baldwin: Please be advised that it is Waterways at Hibiscus, Ltd.'s intent to make formal application to Collier County to rezone lands near your property: The proposed Bristol Pines PUD is located on the east side of Collier Boulevard (C.R. 951), approximately I mile south of Immokalee Road (C.R. 846). The subject property is accessible fi-om Collier Boulevard. The general property address is 14750 Collier Boulevard. The Project is located in Section 35, Township 48 South, Range 26 East. The Board of County Commissioners will be petitioned to approve a rezoning that will accomplish the following: Rezone property from A, Agriculture to PUD, and request an affordable housing density bonus to provide for no more than 159 multi-family residential dwelling units on approximately 22. 77 acres, to be known as Bristol Pines PUD. The proposed project will have no less than 60% of its land as open space. We advertised a Public Information Meeting that was held at 6:00 PM on November 7, 2002 at Faith Community Church. We noticed that you were not in attendance at the meeting and, as an adjacent property owner, we want to make every effort to apprise you of the intent to rezone the property to allow for a multi-family development. If you have any questions about the project please contact Dwight Nadeau - Planning Manager at RWA, Inc. to discuss your concerns. Sincerely, Nicole R. Gassaway Project Coordinator RWA Inc. Enc Is. Copy of Public Information Meeting Notice Vicinity Map for eroj ect cc: File P:m~2P~m~s~.~P`"""m~Pub~c~""~`~"~`~p~*~`~""~"~"~`~m.~°~ Page 1 of l I FEI~ 2 ~ 200' 3050 North Horseshoe Drive, Suite 270, Naples, Florida 34104 · (239) 649-1509, fax: (239) 649-7056 ·www i HTA CONSULTI NC · Engineers · Surveyors & Mappers · Planners · Project Managers November 8, 2002 PUDZ-2002-AR-3542 PROJECT/12002100014 DATE: 1/2/03 KAY DESELEM Bryan E. & Loretta J. Gilbert 14720 Collier Blvd. Naples, FL 34119-9591 Subject: 02-0151.01 Bristol Pines PUD Dear Mr. & Mrs. Gilbert: Please be advised that it is Waterways at Hibiscus, Ltd.'s intent to make formal application to Collier County to rezone lands near your property: The proposed Bristol Pines PUD is located on the east side of Collier Boulevard (C.R. 951), approximately 1 mile south of Immokalee Road (C.R. 846). The subject property is accessible from Collier Boulevard. The general property address is 14750 Collier Boulevard. The Project is located in Section 35, Township 48 South, Range 26 East. The Board of County Commissioners will 'be petitioned to approve a rezoning that will accomplish the following: Rezone property from A, Agriculture to PUD, and request an affordable housing density bonus to provide for no more than 159 multi-family residential dwelling units on approximately 22. 77 acres, to be known as Bristol Pines PUD. The proposed project will have no less than 60%'of its land as open space. We advertised a Public Information Meeting that was held at 6:00 PM on November 7, 2002 at Faith Community Church. We noticed that you were not in attendance at the meeting and, as an adjacent property owner, we want to make every effort to apprise you of the intent to rezone the property to allow for a multi-family development. Il'you have any questions about the project please contact Dwight Nadeau - Planning Manager at RWA, Inc. to discuss your concerns. Sincerely, Nicole R. Gassaway Project Coordinator RWA Inc. Encls. CC: Copy of Public Information Meeting Notice Vicinity Map for Project File P:~2002 Pro]~c~'~r2-0151.01 BrLntot Pin~; PUDGY004 Public Participation Plan\PropertyOwn~-FollowupL~tter. 1 Page 1 of 1 3050 North Horseshoe Drive, Suite 270, Naples, Florida 34104 · (239) 649-1509, fax: (239) 649-7056 FEB 2 200 www. consult-rwa, corn XYTA CONS L:LTINC · Engineers · Surveyors & Mappers · Planners · Project Managers November 8, 2002 PUDZ-2002-AR-3542 PROJECT #2002100014 DATE: 1/2/03 KAY DESELEM James K. & Sandra K. Fitzek P.O. Box 814 Naples, FL 34106-0814 Subject: 02-0151.01 Bristol Pines PUD Dear Mr. & Mrs. Fitzek: Please be advised that it is Waterways at Hibiscus, Ltd.'s intent to make formal application to Collier County to rezone lands near your property: The proposed Bristol Pines PUD is located on the east side of Collier Boulevard (C.R. 951), approximately 1 mile south of Immokalee Road (C.R. 846). The subject property is accessible fi.om Collier Boulevard. The general property address is 14750 Collier Boulevard. The Project is located in Section 35, Township 48 South, Range 26 East. The Board of County Commissioners will be petitioned to approve a rezoning that will accomplish the following: Rezone property from A, Agriculture to PUD, and request an affordable housing density bonus to provide for no more than 159 multi-family residential dwelling units on approximately 22. 77 acres, to be known as Bristol Pines PUD. The proposed project will have no less than 60% of its land as open space. We advertised a Public Information Meeting that was held at 6:00 PM on November 7, 2002 at Faith Community Church. We noticed that you were not in attendance at the meeting and, as an adjacent property owner, we want to make e. very effort to apprise you of the intent to rezone the property to allow for a multi-family development. If you have any questions about the project please contact Dwight Nadeau - Planning Manager at RWA, Inc. to discuss your concerns. Sincerely, Nicole R. Gassaway Project Coordinator RWA Inc. Encls. cc: Copy of Public Information Meeting Notice Vicinity Map for Project File P:t2002Proj¢cts\02.015].0l Bristol Pin~ PUD. OOO4PublicParticipationPlan\Prol~)Own~Followupi.~t~.ll.08.02.~ Page 1 of' ] 3050 North Horseshoe Drive, Suite 270, Naples, Florida 34104 · (239) 649-1509, fax: (23§) 649-7056 · ww, FEB 2 2006 .... 77 , , ul-rwa.com = WTA CONSULTING - EngLneers * Surveyors & Maply~rs · Planners o Project Managers November 8, 2002 PUDZ-2002-AR-3542 PROJECT #2002100014 DATE: 1/2/03 KAY DESELEM Allen & Jennifer Kuehnert PMB 227 6017 Pine Ridge Road EXt. Naples, FL 34119-3956 Subject: 02-0151.01 Bristol Pines PUD Dear Mr. & Mrs. Kuehnert: Please be advised that it is Waterways at Hibiscus, Ltd.-'s intent to make formal application to Collier County to rezone lands near your property: The proposed BristOl Pines PUD is located on the east side of Collier Boulevard (C.R. 951), approximately 1 mile south of Immokalee Road (C~R. 846). The subject property is accessible from Collier BouleVard. The general property address is 14750 Collier Boulevard. The Project is located in Section 35, Township 48 South, Range 26 East. The Board of County Commissioners will be petitioned to approve a rezoning that will accomplish the following: Rezone property from A, Agriculture to PUD, and request an affordable housing density bonus to provide for no more than 159 multi-family residential dwelling units on approximately 22. 77 acres, to be known as Bristol Pines PUD. The proposed project will have no less than 60% of its land as open space. We advertised a Public Information Meeting that was held at 6:00 PM on November 7, 2002 at Faith Community Church. We noticed that you were n6t in attendan6e at .the meeting and, as an adjacent property owner, we want to make every effort to apprise you of the intent to rezone the property to allow for a multi-family development. If you have any questions about the project please contact Dwight Nadeau - Planning Manager at RWA, Inc. to discuss your concerns. Sincerely, Nicole R. Gassaway Project Coordinator RWA Inc. Encls. CC: Copy of Public Information Meeting Notice Vicinity Map for Project File PA2002 ?roject~'~2-0l 51.01 Bristol Pines !~UDk0004 Public Participation PlanL~rope~,OwnerFollowupLetter-I 1-08-02.doc Page 1 of 1 FEB 2 200tt 3050 North Horseshoe Drive, Suite 270, Naples, Florida 341 04 · (239) 649-1509, fax: (239) 649-7056 · www.consult-rwa.com WTA · Engineers · Surveyors & Mappers · Planners · Project Managers PUDZ-2002-AR-3542 PROJECT #2002100014 DATE: 1/2/03 KAY DESELEM November 8, 2002 Barton & Wendy L. Mclntyre 6071 Copper Leaf Lane Naples, FL 34116-6719 Subject: 02-0151.01 Bristol Pines PUD Dear Mr. & Mrs. Mclntyre: Please be advised that it is Waterways at Hibiscus, Ltd.'s intent to make formal application to Collier County to rezone lands near your property: The proposed Bristol Pines PUD is located on the east side of Collier Boulevard (c.R. 951), approximately 1 mile south of Immokalee Road (C.R. 846). The subject property is accessible from Collier Boulevard. The general property address is 14750 Collier Boulevard. The Project is located in Section 35, Township 48 South, Range 26 East. The Board of County Commissioners will be petitioned to approve a rezoning that will accomplish the following: Rezone property from A, Agriculture to PUD, and request an affordable housing density bonus to provide for no more than 159 multi-family residential dwelling units on approximately 22. 77 acres, to be known as Bristol Pines PUD. The proposed project will have no less than 60% of its land as open space. We advertised a Public Information Meeting that was held at 6:0(>PM on November 7, 2002 at Faith Community Church. We noticed that you were not in attendance at the meeting and, as an adjacent property owner, we want to make every effort to apprise you of the intent to rezone the property to allow for a multi-family development. If you have any questions about the project please contact Dwight Nadeau - Planning Manager at RWA, Inc. to discuss your concerns. Sincerely, ' ole R. Gassaway Project Coordinator RWA Inc. Encls. Copy of Public Information Meeting Notice Vicinity Map for Project cc: File P:X2002 Projects\02-0151.0l Bristol Pin~ PUD'~X)04 Public Parlfl:ipation Plan'~Prop~rlyOwn~rFollowupl~tt~. i 1-08-4)Zdoe Page 1 of 1 3050 North Horseshoe Drive, Suite 270, Naples, Florida 341 04 · (239) 649-1509, fax: (239) 649-7056 · www-consult-rwa.com ORDINANCE NO. 04- AN ORDINANCE AMENDING ORDINANCE NUMBER 91-I02, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORiDA BY AMENDING THE OFFICIAL ZONING ATLAS MAP NUMBERED 8635N; BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM "A" TO A RESIDENTIAL PLANNED UNIT DEVELOPMENT (R_PUD) DISTRiCT FOR A PROJECT TO BE KNOWN AS BRISTOL PINES RPUD TO ALLOW FOR A MAXIMUM OF 159 DWELLING UNITS, TO CONSIST OF ANY COMBINATION OF SINGLE-FAMILY ATTACHED, ZERO LOT LINE, OR SINGLE-FAMILY DETACHED UNIT TYPE CONSTRUCTION; THAT WILL BE DESIGNED TO PROVIDE SIXTEEN (16) AFFORDABLE HOUSING UNITS; APPROVING AN AFFORDABLE HOUSING DENSITY BONUS AGREEMENT AUTHORIZING THE DEVELOPER TO UTILIZE AFFORDABLE HOUSING BONUS DENSITY UNITS (IN THE AMOUNT OF 68 UNITS AT 2.98 BONUS DENSITY UNITS PER ACRE) IN THE DEVELOPMENT OF THIS PROJECT LOCATED ON THE EAST SIDE OF THE ROAD, APPROXIMATELY I MILE SOUTH OF IMMOKALEE ROAD, AND 74 MILE NORTH OF WOLFE ROAD, 1N SECTION 35, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 22.77_+ ACRES; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, Dwight H. Nadeau, of RWA, Inc., representing Waterways Joint Venture IV, petitioned the Board of County Commissioners, in Petition Number PUDZ-2003-AR- 3542, to change the zoning classification of the herein described real property and to approve the affordable housing density bonus agreement authorizing a density bonus of 2.98 units per acre for a total of no more than 68 density bonus units. NOW, THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, THAT: SECTION ONE: The zoning classification of the herein described real property located in Section 35, Township 48 South, Range 26 East, Collier County, Florida, is changed from "A" Agricultural zoning district to "R_PUD" Residential Planned Unit Development in accordance with the "Bristol Pines" PUD Document. attached hereto as Exhibit "A" and incorporated by reference herein. The Official Zoning Atlas Map numbered 8635N, as described in Ordinance Number 91-t02, the Collier County Land Development Code, is hereby amended accordingly. SECTION TWO: Page 1 of 2 FEB 2 200q _SECTION THREE_.__~ This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULy ADOPTED by the Board of County Commissioners of Collier County, Florida, tiffs --_ day of ~, 2004. ATTEST: DWIGHT E. BROCK, CLERK Approved as to Form and Legal Sufficiency BOARD OF COUNTy COMMISSIONERS COLLIER COUNTy, FLORIDA BY: DONNA FIALA, · CHAiRmAN Assistant County Atto.mey G/Admin/PUDZ-2002 -AR_3542/sp Attachments: Exhibit A, PUD Document Exhibit B, Affordable Housing Density Bonus Agreement Page 2 of 2 FEB 2 2001 BRISTOL PINES RPUD A RESIDENTIAL PLANNED UNIT DEVELOPMENT REGULATIONS AND SUPPORTING MASTER PLAN GOVERNING BRISTOL PINES RPUD, A PLANNED UNIT DEVELOPMENT PURSUANT TO PROVISIONS OF THE COLLIER COUNTY LAND DEVELOPMENT CODE PREPARED FOR: WATERWAYS JOINT VENTURE IV 14627 COLLIER BLVD NAPLES, FLORIDA 34120 PREPARED BY: CONSULTING ..l_ ~., 3050 NORTH HORSESHOE DRIVE SUITE 270 NAPLES, FLORIDA 34104 And GOODLETrE COLEMAN & JOHNSON, P.A. 4001 TAMIAMI TRAIL NORTH SUITE 300 NAPLES, FLORIDA 34103 DATE REVIEWED BY CCPC DATE APPROVED BY BCC ORDINANCE NUMBER AMENDMENTS AND REPEAL G:\Current'~eselemXPUD Rezones~Bristol Pines PUDZ-2002-AR-3542~PUD documentsWUD document w CCPC changes 2-10-( copy.doc , FEB 2 2004 TABLE OF CONTENTS List of Exhibits, Tables and Appendix i Statement of Compliance ii Section I Property Ownership and Legal Description I~ 1 Section II Project Development Requirements II- 1 Section III Residential Development Standards III-1 Section IV Recreation Area IV-1 Section V Preserve Area V-1 Section VI Development Commitments VI-1 G:\Current'~Deselem'~PUD Rezones'tBristol ' copy.doc Pmes PUDZ-2002-AR-3542~PUD documentsXPUD document w CCPC changes 2-10-04 clean LIST OF EXHIBITS, TABLES AND APPENDIX EXHIBIT "A" APPENDIX "A" EXHIBIT "B" EXHIBIT "C" EXHIBIT "D" TABLE I TABLE II RPUD MASTER PLAN TYPICAL CROSS SECTIONS BOUNDARY SURVEY VICINITY MAP pUBLIC FACILITIES MAP PROJECT LAND USE TRACTS DEVELOPMENT STANDARDS FEB 2 ~ 200~ G:\Current'~Deselem\PUD Rezones~Bristol Pines PUDZ-2002-AR-3542',PUD documentsLPUD document w CCPC changes 2-10-04 clean copy.doc STATEMENT OF COMPLIANCE The development of approximately 22.77 acres of property in Collier County, Florida as a Planned Unit Development to be known as Bristol Pines RPUD will be in compliance with the goals, objectives and policies of Collier County as set forth in the Growth Management Plan. The residential uses and recreational facilities of the Bristol Pines RPUD are consistent with the growth policies, land develoPment regulations, and applicable comprehensive planning objectives of each of the elements of the Growth Management Plan for the following reasons: 1. The subject property for development is within the Urban Mixed Use District/Urban Residential Subdistrict as identified on the Future Land Use Map as provided for in Objective 1 of the Future Land Use Element (FLUE), and the uses contemplated are consistent therewith. The project is proposed to be a residential planned unit development district located within the Urban-Mixed Use District, as identified on the Future Land Use Map from the Future Land Use Element (FLUE), of the Collier County Growth Management Plan. The Density Rating System of the FLUE provides for a density bonus when a proposed project intends to provide "affOrdable housing". The subject project is eligible to receive a density bonus of three (3) dwelling units per gross acre, as demonstrated in the companion Affordable Housing Density Bonus Agreement, added to the base density of four (4) dwelling units per gross acre to provide for a gross project density of seven (7) dwelling units per acre. The proposed density of the Bristol Pines RPUD is 6.98 units per gross acre, which is less than what is provided for by the FLUE Density Rating System, and is therefore consistent with the Future Land Use Element, Policy 5.1. of the Collier County Growth Management Plan. o The project will implement Objective 1 of the Housing Element by providing additional "affordable housing" dwelling units in Collier COunty, within the proposed master planned development. The project will further the implementation of Policy 1.4 of the Housing Element by providing "affordable housing" in an area where Planned infrastructure and services will be available; o The project will act to implement Policy 2.9 of the Housing Element by providing "affordable housing" dwelling units blended within the planned market rate development. The development will be compatible with and complementary to existing and planned surrounding land uses. The development of the Bristol Pines RPUD will result in an efficient and economical extension of communitY facilities and services as reqUired in Policy 3.1.g. of the Future Land Use Element. The Bristol Pines RPUD implements Policy 5.6 of the Future Land Use Elem, more than 60% of the project will provide useable open space, or lands re conservation purposes. ii G:\Cu rrent~J)eselemkPOD - copy.doc Rezones~Bnstol Pines PUDZ-2002-AR-3542XPUD documents~,PUD document w CCPC changes 2-104 ~t in,~ ~, ~ erve~~ 2lean 10. 11. The native vegetation provisions of the Bristol Pines RPUD implements Policy 6.1.1 of the Conservation Coastal Management Element in that "native preserves" will be incorpOrated into the project design. The Master Development Plan, with its extensive natural area, lakes and open space areas, and with its moderate residential density, will insure that the developed project will be an attractive and enjoyable residential development. By virtue that the project must comply with the provisions of Division 3.15. of the Land Development Code, it will implement, and further Objective 8 of the Transportation Element. 111 G:\Current~DeselemLPlJD Rezones'~Bristol Pines PUDZ-2002-AR-3542~PUD documentsXPUD document w CCPC changes 2-112 copy.doc AGENDA ITEM FEB 2 200 SECTION I PROPERTY OWNERSHIP AND DESCRIPTION 1.1 PURPOSE The purpose of this Section is to set forth the location and ownership of the property, and to describe the existing conditions of the property proposed to be developed under the project name of the Bristol Pines RPUD. 1.2 LEGAL DESCRIPTION A PART OF THE NORTHWEST QUARTER OF SECTION 35, TOWNSHIP 48 SOUTH, RANGE 26 EAST, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SECTION 35, TOWNSHIP 48 SOUTH, RANGE 26 EAST; 1.3 THENCE ALONG THE NORTH LINE OF SAID SECTION 35, PROCEED N 89056'57" E, FOR 100.08 FEET; THENCE LEAVING SAID NORTH LINE S 02° 16'29" E, FOR 30.02 FEET ALONG THE EASTERLY BOUNDARY OF A 100 FOOT ACCESS EASEMENT, ALSO BEING PARALLEL WITH THE WEST LINE OF SAID SECTION 35, TO A POINT ON THE SOUTH RIGHT OF WAY OF TREE FARM ROAD AND ALSO BEING THE POINT OF BEGINNING; THENCE ALONG SAID SOUTH RIGHT OF WAY, ALSO BEING PARALLEL WITH THE NORTH LINE OF SAID SECTION 35, N 89°56'57" E FOR 1552.29 FEET; THENCE LEAVING SAID SOUTH RIGHT OF WAY S 02°16'25" E FOR 639.48 FEET; THENCE SOUTH 89056'32" W FOR 1552.27 FEET TO A POINT ON THE EAST LINE OF A 100 FOOT CANAL EASEMENT; THENCE ALONG SAID EAST LINE OF CANAL EASEMENT, BEING PARALLEL WITH THE WEST LINE OF SAID SECTION 35, N 02°16'29" W FOR 639.67 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED. CONTAINING 992050.3 SQUARE FEET OR 22.8 ACRES MORE OR LESS. SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORDS. BEARINGS ARE BASED ON THE NORTH LINE OF SECTION 35, TOWNSHIP 48 SOUTH, RANGE 26 EAST, AS BEING NORTH 89056'57" EAST. PROPERTY OWNERSHIP The subject property is owned by: Waterways Joint Venture IV (Folio: 00205560002, 00205480001, 0020552 Waterways Joint Venture IV (Folio: 00205760006) I-1 G:\Current~)eselemhr,U D copy.doc RezonesXBristol Pines PUDZ-2002-AR-3542XPUD documents~UD document w CCPC changes 2-10-04 clean FEB 2 200t 1.4 DEVELOPER 1.5 1.6 The Bristol Pines RPUD is intended to be developed by Waterways Joint Venture IV, all reference to the "Developer" as may be contained in this RPUD Document shall mean Waterways Joint Venture IV, unless, and until the subject property described and depicted in this RPUD Document is conveyed, or assigned. It is the responsibility of Waterways Joint Venture IV to notify Collier County, in writing, of the land conveyance, or assignment of the subject property described and depicted in this RPUD Document within six months from the actual conveyance, or assignment. PHYSICAL DESCRIPTION The development property is located in the northwest half of Section 35, Township 48 South, Range 26 East. More than eighty percent of the proposed project site has been cleared, and utilized for agricultural purposes. The easterly 4.77 acres has an existing single-family home and associated improvement. Historically, timbering and cattle grazing have occurred on the property. The property is generally without topographic relief, with elevations ranging from 13. l'to 14.8' above mean sea level. The water management system consists of approximately 2.68 acres of water management areas that will receive runoff from structures and parking areas. Runoff is collected by catch basins and culvert systems for conveyance to the project's internal lake system. The project outfall will be at the project's western boundary. Discharge will be into the Collier Boulevard (C.R. 951) Canal Right-of-Way. Allowable discharge rates will be in accordance with Collier County Ordinance No. 90-10, as amended. PROJECT DESCRIPTION The Bristol Pines RPUD shall be a residential development. The amenities proposed as developer commitments to be provided in the project include structures (clubhouse), and areas (interior within the clubhouse, swimming pool, children's playground, and tennis facilities), to provide social and recreational space, lakes, natural and landscaped open spaces, and a variety of passive (native preserves) and active recreational opportunities. Access to the property will be from Collier Boulevard (C.R. 951), approximately 330 feet south of Tree Farm Road. That segment of Collier Boulevard between Golden Gate Boulevard and Immokalee Road is planned to be improved with a six-lane divided roadway programmed to commence construction in 2005 (Capital Road Project #65061). Each residential unit will be served with centrally provided potable water, sanitary sewer, electric power, and telephone. Additional services will be provided as deemed appropriate. 1.7 SHORT TITLE This Ordinance shall be known and cited as the "Bristol Pines Residential Planned Unit Development Ordinance". FEI~ G:\CurrentkDeselemhUUD Rezones~Bristol Pines PUDZ-2002-AR-3542'd:'UD documentsXPUD document w CCPC changes 2-10-04 copy.doc SECTION II PRojEcT DEVELOPMENT REQUIREMENTS 2.1 2.2 PURPOSE The purpose of this Section is to delineate and generally describe the project plan of development, relationships to applicable County Ordinances, the respective land uses of the Bristol Pines RPUD development, as well as other project relationships. GENERAL Ao Co Do Fo Regulations for development of the Bristol Pines RPUD shall be in accordance with the contents of this document, the RPUD-Planned Unit Development District and other applicable sections and parts of the Collier County Land Development Code and Growth Management Plan in effect at the time of building permit application. Where these RPUD regulations fail to provide developmental standards, then the provisions of the most similar district in the County Land Development Code shall apply. This RPUD Document and attendant RPUD Master Plan is generally tailored to provide specific development standards for the residential product proposed by the Developer. Unless otherwise noted, the definitions of all terms shall be the same as the definitions set forth in the Collier County Land Development Code in effect at the time of building permit application. All conditions imposed and all graphic material presented depicting restrictions for the development of the Bristol Pines RPUD shall become part of the regulations that govern the manner in which the RPUD site may be developed. Unless modified, waived or excepted through the approval of a deviation stated herein, the provisions of other sections of the Land Development Code, where applicable, remain in full force and effect with respect to the development of the land that comprises this RPUD. Development permitted by the approval of this petition will be subject to a concurrency review under the provisions of Division 3.15, Adequate Public Facilities, of the Land Development Code, at the earliest or next-to-occur of either Final Site Development Plan approval, or Final Plat approval, or building permit issuance applicable to this development. II-1 FEB 2. 200t G:\Current~DeselemXPUD Rezones'dlristol Pines PUDZ-2002-AR-3542\PUD documents'PUD document w CCPC changes 2-10-04 clean copy.doc 2.3 DESCRIPTION OF PROJECT PLAN AND LAND USE TRACTS A. The project Master Plan, including layout of streets and use of land is illustrated graphically by Exhibit "A", RPUD Master Plan. 2.4 TABLE I PROJECT LAND USE TRACTS TYPE UNITS/FT. ACREAGE+ TRACT "R" RESIDENTIAL 159 19.8 TRACT "RA" RECREATION AREA 0 2.0 TRACT "P" PRESERVE 0 1.0 Bo Areas illustrated as lakes by Exhibit "A" shall be constructed as lakes or, upon approyal, parts thereof may be constructed as shallow, intermittent wet and dry depressions for water retention purposes. Such areas, lakes and intermittent wet and dry areas shall be in the same general configuration and contain the same general acreage as shown by Exhibit "A". Minor modification to all tracts, lakes or other boundaries may be permitted at the time of Final Plat or Site Development Plan approval, subject to the provisions of Sections 3.2.6.3.5. and 2.7.3.5. respectively, of the Collier County Land Development Code, or as otherwise permitted by this RPUD document. Co In addition to the various areas and specific items shown on Exhibit "A", such easements as necessary (utility, private, semi-private) shall be established within or along the various tracts as may be necessary. MAXIMUM PROJECT DENSITY A maximum of 159 residential dwelling units may be constructed in the total project area. The gross project area is approximately 22.77 acres. The gross project density, therefore, will be a maximum of 6.98 dwelling units per acre. A density of more than 4.0 units per acre must be developed in accordance with an approved Affordable Housing Density Bonus Agreement (AHDB). II-2 G:\CurrentkDeselem\PUD RezoneskBristol Pines PUDZ-2002-AR-3542LPUD documents'a~UD document w CCPC changes 2-10- copy.doc AGENDA FEB 2 ~ 200~, ~n¢~pg' 2.5 2.6 PROJECT PLAN APPROVAL REQUIREMENTS Ao Prior to Final Local Development Order issuance for all or part of the RPUD, final plans of all required improvements shall receive approval of the appropriate Collier County governmental agency to insure compliance with the RPUD Master Plan and the Collier County Land Development Code. Exhibit "A", RPUD Master Plan, constitutes the required RPUD Development Plan. Any division of property and the development of the land shall be in compliance with Division 3.2 of the Collier County Land Development Code, and the platting laws of the State of Florida. Co The provisions of Division 3.3 of the Collier County Land Development Code, when applicable, shall apply to the development of all platted tracts of land as provided in said Division prior to the issuance of a building permit or other development order. Appropriate instruments will be provided at the time of infrastructural improvements regarding any dedications and methods for providing perpetual maintenance of common facilities. Eo Prior to the development of a zero lot line product, or single-family attached units following the development standards set forth in Table II of this document, in which each unit is on a separate platted lot, the Developer shall submit either a Preliminary Subdivision Plat, or plan as a part of the construction plan set showing the building envelope on all of the lots intended for zero lot line construction to the Department of Zoning and Land Development Review for purposes of indicating zero lot line relationships, provision for achieving the minimum space between buildings, and to ensure that no one lot is adversely impacted by failing to provide the required side-yard in a uniform manner. No side-yards are required between units where multiple units, intended for fee simple conveyance, are contained in a single principal structure. The Preliminary Subdivision Plat, or plan as a part of the construction plan set, shall also show typical lots, and the footprints of the proposed residences. LAKE SETBACK AND EXCAVATIONS Lakes shall conform with the requirements of Division 3.5. of the Land Development Code for a development excavation. Lakes may be excavated to the maximum development excavation depths set forth in Section 3.5.7.3.1. of the Land Development Code. Removal of fill from the Bristol Pines RPUD shall be limited to an amount up to ten percent (10%) (to a maximum 20,000 cubic yards), of the total volume. I1-3 G:\Current'd)eselem\PUD Rezones'dl~istol Pines PUDZ-2002-AR-3542\PUD documentsLPUD document w CCPC changes 2-10-04 c copy.doc FEB 2 2.7 RIGHTS-OF-WAY 2.8 2.9 2.10 All platted project streets shall have a minimum 50-foot right-of-way, a deviation from Appendix B, Typical Street Section, B-4 and B-5 which requires 60 feet, to allow 50 feet. (See Appendix "A", Typical Cross Sections, and Exhibit A, RPUD Master Plan), and shall be private, and shall be classified as local streets. Utilization of lands within all project rights-of-way for landscaping, decorative entranceways, and signage may be allowed subject to review and administrative approval by the Collier County Community Development and Environmental Services Administrator, or his designee, for engineering and safety considerations prior to installation. AMENDMENTS TO RPUD DOCUMENT OR RPUD MASTER PLAN Changes and amendments may be made to this RPUD Ordinance or RPUD Master Development Plan, Exhibit "A", as provided for in Section 2.7.3.5. of the Collier County Land Development Code. Minor changes and refinements as described in Section 6.3.C. of this RPUD document may be made in connection with any type of development or permit application required by the Collier County Land Development Code. DEDICATION AND MAINTENANCE OF COMMON AREAS & FACILITIES Easements shall be provided for water management areas, rights-of-way, utilities and other purposes as required. All necessary easements, dedications, or other instruments shall be granted to insure the continued operation and maintenance of all service utilities in compliance with applicable regulations in effect at the time of adoption of this Ordinance establishing the Bristol Pines RPUD. Whenever the Developer elects to create land area and/or recreation amenities whose ownership and maintenance responsibility is a common interest to all of the subsequent purchasers of residential units or real property within the Bristol Pines RPUD, the Developer shall provide appropriate legal instruments for the establishment of a Property Owners' Association, or Master Condominium Association, whose function shall include provision for the perpetual care and maintenance of all common facilities and open space, subject further to the provisions of Section 2.2.20.3.8. of the Collier County Land Development Code. MODEL, SALES, AND CONSTRUCTION OPERATION FACILITIES A. Models, sales/rental centers and other uses and structures related to the promotion and sale and/or rental of real estate such as, but not limited to, pavilions, viewing platforms, gazebos, parking areas, and signs, shall be permitted principal uses throughout the Bristol Pines RPUD subject to the requirements of Division 2.3, Division 2.4, Division 2.5, and Section 2.6.33.4. of the Collier County Land Development Code. I1-4 G:\Current'~eselemXPUD Rezones~,Bristol Pines PUDZ-2002-AR-3542'~PUD documents'~PUD document w CCPC changes 2-10-04 copy.doc FEB 2 ~ 200~ Temporary Use Permits for sales centers, and model homes may be approved subsequent to zoning approval. Temporary Use Permit applications, and associated Site Development Plan (SDP) application(s) for residential models, may be submitted, and approved pursuant to Section 2.6.33.4.1.5. of the LDC, with applications for improvement plans and final subdivision plat, to depict the location of the model units within a future platted lot. All model units shall be located on lots that will be platted through subsequent development order approvals. Co The existing single-family principal structures may be used for temporary sales centers, and construction operation/management offices, and may ,be served by the existing well and septic systems. Such use of the existing single-family structure must be in compliance with all applicable federal, state and local codes and permitting procedures. Do Temporary uses for sales centers may be serviced by temporary well and septic systems. A portion (no more than 1/3 of the gross floor area), of the clubhouse facilities may be used as a temporary sales facility to be utilized to market residential products, including the re-sale of residences within the boundaries of the Bristol Pines RPUD. The temporary sales facility use must cease when the project is released to the control of the homeowners' association. 2.11 CLUBHOUSE Construction approvals for the clubhouse and related common recreational facilities may be approved subsequent to zoning approval. The clubhouse and related facilities shall be located on a tract that will be platted through subsequent development order approvalS. 2.12 EXISTING STRUCTURES The existing principal structures within the RPUD boundaries may be retained, and utilized for temporary uses as set forth in Section 2.10 of this RPUD Document. Those existing structures may be retained through the construction and platting phases of the development, but not to exceed the project buildout date of December 31, 2006. 2.13 FILL STORAGE Fill material generated may be stockpiled within areas designated for residential development. Prior to stockpiling in these locations, a Vegetation Removal and Site Filling Permit, along with plans showing the locations and cross-sections shall be submitted to Collier County Planning Services Staff for review and approval. The following standards shall apply: 11-5 G:\Current'ff)eselem~UD Rezones~Bristol Pines PUDZ-2002-AR~3542~PUD documents~PUD document w CCPC changes copy.doc FEB 2 200 A. Stockpile maximum side slope: 3:1 B. Stockpile maximum height: thirty-five (35) feet C. Fill storage shall not be permitted in Preserve Areas. 2.14 REQUIRED ENVIRONMENTAL PERMITTING Where the development of land within the Bristol Pines RPUD requires a permit from a local, State, or Federal agency with jurisdiction over the property proposed for development, the Developer shall obtain such permits prior to final development order approval. 2.15 NATIVE VEGETATION RETENTION REQUIREMENTS Pursuant to Policy 6.1.1 of the Conservation and Coastal Management Element of the Collier County Growth Management Plan, and Section 3.9.5.5.3 of the Collier County Land Development Code; a minimum of 0.94 acres (25% of the viable, naturally functioning native vegetation on site) is required to be retained or replanted. Viable, naturally functioning native vegetation areas do not include those areas of vegetation that have greater than seventy-five percent (75%) canopy coverage of exotic species. The RPUD Master Plan depicts one Preserve that will be platted as a Native Preserve tract. The one-acre Preserve depicted will be retained native vegetation. This is due to the fact that of the 22.77-acre project site, only 3.78 acres of the site is "native", by definition. Native Preserves shall have an average fifty-foot (50') width, but be no less than twenty feet (20'). The design, area, and configuration of the Native Preserves may be modified. However, the remaining Native Preserves shall not go below 0.94 acres in total area. Please refer to Appendix "A", Typical Cross Sections, for details related to separation of structures from Tract "P", and the Native Preserves. 2.16 LINKAGE TO COLLIER COUNTY LAND DEVELOPMENT CODE Pursuant to Subsection 2.7.3.3. of the Land Development Code, upon adoption of the RPUD Ordinance and attendant RPUD Master Plan, the provisions of the RPUD document become a part of the Land Development Code and shall be the standards of development for the RPUD. Thenceforth, development in the area delineated as the BRISTOL PINES RPUD District on the Official Zoning Atlas shall be governed by the adopted development regulations set forth in this RPUD Document, RPUD Master Plan, and applicable provisions of the Land Development Code. II-6 i G:\Current'd)eselem~UD RezoneskBristol Pines PUDZ-2002-AR-3542'uPUID documentsLPUD document w CCPC changes 2-10j copy.doc FEEl 2 ~ 2004 SECTION III RESIDENTIAL DEVELOPMENT STANDARDS 3.1 PURPOSE The purpose of this Section is to identify specific development standards for areas designated as Tract "R" on the RPUD Master Plan, Exhibit "A". Infrastructure, perimeter land use buffers, signage, as well as project recreational/social facilities will occur within this Tract "R". 3.2 MAXIMUM DWELLING UNITS The maximum number of residential dwelling units allowed within the RPUD shall be established at the time of development plan review, but shall not exceed 159 dwelling units and be developed consistent with the project's AHDB agreement. 3.3 USES PERMITTED No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or in part, for other than the following uses derived from RMF-6: A. Principal Uses: 1) Single-family attached dwellings (including townhouses intended for fee simple conveyance) 2) zero lot line dwellings 3) single-family detached dwellings B. Accessory Uses: Customary accessory uses and structures including, but not limited to private garages, swimming pools with, or without screened enclosures, and other outdoor recreation facilities along with the following: Model Homes (See Section 2.10 of this RPUD Document). 3.4 DEVELOPMENT STANDARDS GENERAL: Except as provided for herein, all criteria set forth below shall be understood to be in relation to individual parcel or lot boundary lines, or between structures, as applicable. Condominium, and/or homeowners' association boundaries shall not be utilized for determining development standards. OFF-STREET PARKING AND LOADING REQUIREMENTS: As re Division 2.3 of the Collier County Land Development Code in effect a of building permit application. HI-1 G:\CurrentkDeselemWUD Rezones',Bristol Pines PUDZ-2002-AR-3542XPUD documents'~PUD document w CCPC changes 2-10-0~ copy.doc Ithe?__ FEB 2 2006 DEVELOPMENT STANDARDS TABLE I1 RESIDENTIAL DEVELOPMENT STANDARDS SINGLE- SINGLE- CLUBHOUSE/ FAMILY FAMILY RECREATION DETACHED ATI'ACHED BUILDINGS ZERO-LOT LINE PRINCIPAL STRUCTURES MINIMUM LOT AREA MINIMUM LOT WIDTH MINIMUM FLOOR AREA MIN FRONT YARD 2,250 S.F. 2,250 S.F. 10,000 S.F. 40 FEET 25 FEET N/A 1.000 S.F. 1,000 S.F. N/A 23 FEET 23 FEET N/A From sidewalk from sidewalk MIN SIDE YARD 7.5 FEET 0 FEET or N/A 6 FEET MIN REAR YARD MIN PRESERVE SETBACK MIN. DIST. BETWEEN STRUCTURES 15 FEET 15 FEET N/A 25 FEET 25 FEET 25 FEET 15 FEET 15 FEET or N/A V2 BH whichever is greater MAX. BLDG. HT. 2 STORIES 2 STORIES 2 STORIES NOT TO EXCEED 35 FEET 35 FEET 35 FEET ACCESSORY STRUCTURES FRONT S.P.S. S.P.S. 20 FEET SIDE S.P.S. S.P.S V2 BH REAR (ATI'ACHED) 5 FEET 5 FEET 10 FEET (DETACHED) 5 FEET 5 FEET 20 FEET PRESERVE SETBACK 10 FEET 10 FEET 10 FEET MIN. DIST. BETWEEN STRUCTURES 15 FEET 10 FEET greater of 15 feet or V~ BH whichever is greater MAX. BLDG. HT. 2 STORIES 2 STORIES 2 STORIES NOT TO EXCEED 35 FEET 35 FEET 35 FEET S.P.S.: Same as Principal Structures. . BH: Building Height Notes: 1) 2) 4) III-2 G:\Current~Deselem~P1JD Rezones~Bristol Pines PUDZ-2002-AR-3542~PUD documentsXPUD document w CCPC changes 2-104 copy.doc The location of structures proposed adjacent to a lake may have no setback from the lake maintenance easement. No structures are permitted in the required, 20foot lake maintenance easement. To ensure compatibility with the existing single-family residence lying south of the Bristol Pines property, only a single-story residential structure may be located adjacent to that residence. A 15-foot wide setback must be maintained from any structure to any project perimeterpr¢ ~, ;~ ~)~r_bl~A II~ FEEl 2 200 SECTION IV RECREATION AREA 4.1 PURPOSE The purpose of this Section is to set forth the development plan for areas designated as Tract "RA," Recreation Area on Exhibit "A", RPUD Master Plan. The primary function and purpose of this Tract is to provide for social and recreational areas/spaces as an amenity for the residents of the project. 4.2 USES PERMITTED No building or structure or part thereof, shall be erected altered or used, or land used, in whole or in part, for other than the following, subject to the issuance of regional, State and Federal Permits, when required: Principal Uses: 1) Structures intended to provide social and recreational space; 2) Outdoor recreation facilities, such as a community swimming' pool, tennis and basketball courts, playground improvements/faCilities, and passive and/or active water features; 3) Any other principal Use which is comparable in nature with the foregoing uses and is approved through the process set forth in the LDC at the time of the request for such use. Accessory Uses: Customary accessory uses or structures incidental to recreation areas and, or facilities, including structures constructed for purposes of maintenance, storage or shelter with appropriate screening and landscaping. 4.4 DEVELOPMENT STANDARDS mo GENERAL: Except as provided for herein, all criteria set forth below shall be understood to be in relation to individual parcel or lot boundary lines, or between structures. Condominium, and/or homeowners' association boundaries shall not be utilized for determining development standards. Development standards for Tract RA are contained in Table II in this document. There shall be a minimum of 20 feet separation of recreational building(s) from all residential units. B. oFF-STREET PARKING AND LOADING REQUIREMENTS: As required by Division 2.3 of the Collier County Land Development Code in effect at the time of building permit application. 1 iv-1 FEB'2 2004 ! G:\Current~eselem'~PUD RezonesXBristol Pines PUDZ-2002-AR~3542'~PUD documents'~PUD document w CCPC changes 2-10--04 clean copy.doc SECTION V PRESERVE AREA 5.1 5.2 PURPOSE The purpose 'of this Section is to set forth the development plan for areas designated as Tract "P", Preserve Area on Exhibit "A", RPUD Master Plan. The primary function and purpose of this Tract is to preserve and protect vegetation and naturally functioning habitats, such as wetlands, including upland buffers, in their natural, and/or enhanced state. USES PERMITTED No building or structure or part thereof, shall be erected altered or used, or land used, in whole or in part, for other than the following, subject to the issuance of regional, State and Federal permits, when required: Principal Uses: Open spaces/Nature preserves. Accessory Uses: 1) Water management structures. 2) Mitigation areas. 3) Hiking trails, boardwalks, shelters, or other such facilities constructed for the purposes of passage through or enjoyment of the site's natural attributes, subject to approval by permitting agencies. V-1 G:\CurrentXDeselemXPUD RezonesXBristoi Pines PUDZ-2002-AR-3542LPUD documents\PUD document w CCPC changes 2-10-04 clean copy.doc SECTION VI DEVELOPMENT COMMITMENTS 6.1 PURPOSE The purpose of this Section is to set forth the development commitments for the development of the project. 6.2 GENERAL All facilities shall be constructed in strict accordance with Final Site Development Plans, Final Subdivision Plans (if required), and all applicable State and local laws, codes, and regulations applicable to this RPUD. Except where specifically noted or stated otherwise, the standards and specifications of Division 3.2 of the Collier County Land Development Code shall apply to this project, even if the land within the RPUD is not to be platted. The Developer, its successors and assigns, shall be responsible for the commitments outlined in this document. These commitments will be enforced through provisions agreed to be included in the declaration of covenants and restrictions, or similar recorded instrument. Such provisiot~s must be enforceable by lot owners against the developer, its successors, and assigns, prior to the development's last final subdivision acceptance. The Developer, its successors or assignee, shall follow the Master Development Plan and the regulations of the RPUD, as adopted, and any other conditions or modifications as may be agreed to in the rezoning of the property. In addition, any successors or assignee in title to the Developer is bound by any commitments within this agreement. These commitments may be assigned or delegated to a condominium/homeowners' association to be created by the Developer. Upon assignment or delegation, the Developer shall be released from responsibility for the commitments. 6.3 RPUD MASTER DEVELOPMENT PLAN Ao Exhibit "A", RPUD Master Plan illustrates the proposed development and is conceptual in nature. Proposed tract, parcel, or land use boundaries, or special land use boundaries shall not be construed to be final, and may be varied at any time at any subsequent approval phase such as final platting or site development plan application. Subject to the provisions of Section 2.7.3.5 of the Land Development Code, amendments may be made from time to time. All necessary easements, dedications, or other instruments shall be granted to insure the continued operation and maintenance of all services and all common areas in the project. The Community Development and Environmental Services Administrator, or his designee, shall be authorized to approve minor changes and refinements to the Bristol Pines RPUD Master Plan upon written request of the Developer. 1) The following limitations shall apply to such requests: a. The minor change or refinement shall be consistent with County Growth Management Plan (GMP), and the Bristol P document. VI-1 G:\Current'd)e~¢lem'~PUD RezoneskBristol Pines PUDZ-2002-AR-3542XPUD documents'ff'UD document w CCPC changes 2-10-04 nes ~UD FEB 200 2) The minor change or refinement shall not constitute a substantial change pursuant to Subsection 2.7.3.5.1. of the Collier County Land Development Code. The minor change or refinement shall be compatible with adjacent land uses, and shall not create detrimental impacts to abutting land uses, water management facilities, and Preserve Areas within, or external to 'the RPUD boundaries. The following shall be considered minor changes or refinements, subject to the limitations of Subsection 6.3.C. 1) of this document: Reconfiguration of Preserve Areas, jurisdictional wetland limits, and mitigation features as a result of regulatory agency review and permitting. There may be no overall decrease in Preserve Area. Reconfiguration of lakes or other water management facilities where such changes are consistent with the criteria of the South Florida Water Management District and Collier County. Internal realignment of roadways and interconnection to off-site lands, other than a relocation of access points from publicly maintained roadways (i.e.: State or County roadways), to the RPUD itself, where no water con servation/preservation areas are affected, or otherwise provided for. 3) 4) d. Reconfiguration of residential parcels when there is no proposed encroachment into Preserve Area, except as provided for in "a." above. Minor changes and refinements, as described above, shall be reviewed by appropriate County staff to ensure compliance with all applicable County Ordinances and regulations prior to the Administrator's consideration for approval. Approval by the Administrator of a minor change or refinement may occur independently from, and prior to any application for Subdivision (if required), or Site Development Plan approval, however, the Administrator, or his designee's approval shall not constitute an authorization for development or implementation of the minor change or refinement without first obtaining all applicable County permits and approvals. VI-2 G:\Current'tDeselem~r'UD Rezones~Bristol Pines PUDZ-2002-AR-3542',PUD documents'xPUD document w CCPC changes 2-10-04 cle~ A~_3ENI::)A IT~ · ~, FEB 2/~ 2oo~ 6.4 SCHEDULE PROVISION Ao Bo OF DEVELOPMENT/MONITORING REPORT AND SUNSET This RPUD is subject to the Sunset Provisions of Section 2.7.3.4 of the Land Development Code. An annual RPUD monitoring report shall be submitted pursuant to Section 2.7.3.6 of the Land Development Code and be in the form of an affidavit by the property owner or designated agent. The project will be developed in one phase, and is anticipated to impact public facilities with permanent occupancy dwellings in late Fall of 2004. Recreation, including playground facilities, and clubhouse facilities will be constructed simultaneously with the development of the residential product. A proportionate amount of recreation facilities must be open and available to residents prior to the issuance of the first residential dwelling unit permanent certificate of occupancy. 6.5 TRANSPORTATION The development of this RPUD Master Development Plan shall be subject to and govemed by the following conditions: mo All traffic control devices, signs, pavement markings and design criteria must be in accordance with Florida Department of Transportation (FDOT) Manual of Uniform Minimum Standards (MUMS), current edition, FDOT Design Standards, current edition, and the Manual On Uniform Traffic Control Devices (MUTCD), current edition. All other improvements must be consistent with and as required by the Collier county Land Development code (LDC) Bo Arterial level street lighting must be provided at all development access points. Access lighting must be in place prior to the issuance of the first Certificate of Occupancy (CO). Site-related improvements necessary for safe ingress and egress to this project, as determined by Collier County, shall not be eligible for impact fee credits. All required improvements must be in place and available to the public prior to the issuance of the first CO. Do Road impact fees must be paid in accordance with Code of Laws, Chapter 74, as amended, and Division 3.15. LDC, as it may be amended. All work within Collier County rights-of-way or public ingress or egress easements shall require a Right-of-way Permit. All proposed median opening locations must be in accordance with the Collier County Access Management Policy (Resolution 01-247), as it may be amended, and the LDC, as it may be amended. Collier County reserves the right to modify or close any median opening existing at the time of approval of this RPUD which is found to be adverse to the health, safety and welfare of the public. Any such mod must be based on, but are not limited to, safety, operational circulation, and capacity. VI-3 G:\Currenl~eselemXPUD Rezones\Bristol Pines PUDZ-2002-AR-3542XPUD documentsXPUD document w CCPC changes 2-1043 cle~ roaql~ay FEB ~ copy.d~ n,, /81_ Go Nothing in any development order shall vest a right of access in excess of a right in/right out condition at any access point. Neither will the existence of a point of ingress, a point of egress or a median opening, nor the lack thereof, shall be the basis for any future cause of action for damages against the County by the developer, its successor in title, or assignee. All internal roads, driveways, alleys, pathways, sidewalks and interconnections to adjacent developments must be operated and maintained by an entity created by the developer and Collier Country shall have no responsibility for maintenance of any such facilities. If any required turn lane improvement requires the use of existing County right-of- way or easement, compensating right-of-way must be provided without cost to Collier County as a consequence of such improvement. Jo If, in the sole opinion of Collier County, a traffic signal, or other traffic control device, sign or pavement marking improvement within a public right-of-way or easement is determined to be necessary, the cost of such improvement shall be borne by the developer and shall be paid to Collier County before the issuance of the first CO. Ko This project and all adjacent developments will be encouraged to provide shared access or interconnections. Specifically, but not limited to, this project must be designed to provide interconnection to the property located to the southeast of this site because it is controlled by the same property owner. The developer, or assigns of this project, must assure that any such shared access or interconnection will be utilized and accommodate the perpetual use of such access by incorporating appropriate language into the development covenants or plats. Lo The developer shall provide a 10-foot wide shared use path along either the east, or west side of the westerly property line of the development in accordance with recognized standards and safe practices, as determined by the Collier County Transportation Staff. Mo To assure maximum safety and mobility along the CR 951 corridor and to achieve maximum access potential for individual properties, this project must utilize Tree Farm Road for its primary access point if the petitioner can acquire legal ownership or gain access to that roadway. Any access onto Collier Boulevard would then become, at best, secondary. This project's access is subject to additional limitations for any direct access to Collier Boulevard as part of site plan approval. Access along tree Farm Road will not require compensating right-of-way for an eastbound right turn lane at the future access point. Furthermore, Transportation Staff will support a full median opening at the intersection of CR 951 and Tree Farm Road or nearby alternate location provided the adjoining property owners agree to dedicate the necessary right-of-way and construct Tree Farm Road in accordance with county standards from the east side of the canal to the east line of property is identified as Folio Number 00205400007. This proposed dedication is consistent with :hz 49 foot dedication from the Nicaea Academy PUD project that will be dedica ed project for the entire length of the southern line of the Nicaea Academy pi ~perty: -- VI-4 G:\Currenf,,Deselem'~PUD Rezones'd3ristol Pines PUDZ-2002-AR-3542'~PUD documentsXPUD documenl w CCPC changes 2-10-04 ¢ FEB 2 200 6.7 6.8 WATER MANAGEMENT The development of this RPUD Master Development Plan shall be subject to and governed by the following conditions: A. Detailed paving, grading and site drainage plans shall be submitted to Engineering Review Services for review and approval. No construction permits shall be issued unless and until Planning Services Staff grants approval of the proposed construction in accordance with the approved plans. Bo An 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. Co The project must obtain a Surface Water Management Permit from the South Florida Water Management District prior to any site development plan approval. UTILITIES The development of this RPUD Master Development Plan shall be subject to and governed by the following conditions: mo Bo Water distribution and sewage collection and transmission facilities to serve the project are to be designed, constructed, conveyed, owned, and maintained in accordance with Collier County Ordinance No. 97-17, as amended, and other applicable County rules and regulations. All customers connecting to the water distribution and sewage collection facilities will be considered to be customers of the County, and will be billed by the County in accordance with the County's established rates. The development will be subject to application for and conditions associated with a water and sewer availability letter from Collier County Utilities Division. Sewer availability is subject to construction and placement into service of a proposed 16" force main along Collier Boulevard. 6.9 ENVIRONMENTAL The development of this RPUD Master Development Plan shall be subject to and governed by the following conditions: mo Environmental permitting shall be in accordance with the State of Florida Environmental Resource Permit Rules, and be subject to review and approval by Environmental Services Staff. Removal of exotic vegetation shall not be counted toward mitigation for impacts to Collier County jurisdictional wetlands. VI-5 ~ _ G:\Current'd)eselemLPUD RezonesXBristol Pines PUDZ-2002-AR-3542~UD documents~UD document w CCPC changes 2-10-0 FEB 2 200 cleanff~.p_y.doc /'~. ~,~ 6.10 Bo Co All conservation areas shall be designated as conservation/preservation tracts or easements on all construction plans, and shall be recorded on the plat with protective covenants per, or similar to, those found in Section 704.06, of the Florida Statutes. Conservation areas shall be dedicated on the plat to the project's homeowner's association or like entity for ownership and maintenance responsibility and to Collier County .with no responsibility for maintenance. Do Where possible, natural buffers shall be provided around wetlands, extending at least fifteen (15) feet landward from the edge of the wetland preserves in all places, and average twenty-five (25) feet from the landward edge of wetlands. Where natural buffers are not possible, stmctural buffers shall be provided in accordance with the State of Florida Environmental Resource Permit Rules. Eo Development must comply with the guidelines and recommendations of the U.S. Fish and Wildlife Service (USF&WS) and the Florida Fish and Wildlife Conservation Commission (FFWCC) regarding potential impacts to "listed species". Where protected species are observed on site, a Habitat Management Plan for those protected species, or their habitats shall be submitted to Environmental Services Staff for review and approval prior to final site plan/construction plan approval. Fo An exotic vegetation removal, monitoring, and maintenance (exotic-free) plan for the site, with emphasis on the conservation/preservation areas, shall be submitted to Environmental Services Staff for review and approval prior to final site plan/construction plan approval. This plan shall be implemented on a yearly basis at minimum, or more frequently when required to effectively control exotics, and shall include methods and a time schedule for removal of exotic vegetation from within conservation/preservation areas. Go The RPUD shall be consistent with the environmental sections of the Collier County Growth Management Plan, Conservation and Coastal Management Element and the Collier County Land Development Code in effect at the time of final development order approval. All approved Agency (SFWMD, ACOE, FFWCC) permits shall be submitted prior to final Plat/Construction Plan approval. ACCESSORY STRUCTURES Accessory structures may be constructed simultaneously with, or follOwing the construction of the principal structure, except for the clubhouse facilities, a construction operation/management office, and model center, which may be constructed after zoning approval. 6.11 SIGNS All Signs shall be in accordance with Division 2.5 of Collier County's Land Code in effect at the time of Site Development Plan approval. VI-6 G:\Current~Deselem~UD Rezones~Bristol Pines PUDZ-2002-AR-3542~PUD documentsXPUD document w CCPC changes 2-10-04 ~., FEB 2 6.13 6.14 6.12 LANDSCAPE BUFFERS, BERMS, FENCES AND WALLS Landscape buffers, berms, fences and walls are generally permitted throughout the Bristol Pines RPUD. The following standards shall apply: A. Landscape berms may have the following maximum side slopes: 1) Grassed berms 4:1 2) Ground covered berms 3:1 Retaining wall and buffer wall maximum height: The retaining wail must not exceed 24 inches, and the total of retaining wall and fence cannot exceed 8 feet in height as measured from the finished grade, a deviation from LDC Section 2.6.11.6., to ailow wall height to be measured from finished grade rather than existing grade, of the ground at the base of the wall. For the purpose of this provision, finished grade shall be considered no greater than 18 inches above the crown elevation of the nearest existing road, unless the wall is constructed on a perimeter landscape berm Co Landscape buffer plantings must be placed outside of the wall locations, a deviation from LDC Sections 2.6.11.4.2. and 2.6.11.5. that require fences in all zoning districts to be screened from view. Chain link fencing is prohibited; the developer must provide perimeter walls. Do Pedestrian sidewalks, bike paths, water management facilities and structures may be allowed in landscape buffer areas, provided that the landscape buffer area is increased by an equivalent width. LANDSCAPING FOR OFF-STREET PARKING AREAS All landscaping for off-street parking areas shall be in accordance with Division 2.4 of the Collier County Land Development Code in effect at the time of building permit application. POLLING PLACES Pursuant to Section 2.6.30 of the Land Development Code, provision shall be made for the future use of building space within common areas for the purposes of accommodating the function of an electoral polling place, only if requested by the Supervisor of Elections. An Agreement between the Developer and the Supervisor of Elections for the provision of polling places shall be recorded in the official records of the Clerk of the Circuit Court of Collier County, which shall be binding upon any and all successors in interest that acquire ownership of such common areas including homeowners' associations. VI-7 APPENDIX "A" TYPICAL CROSS SECTIONS I i A-1 FEB Z ~ 200~ APPENDIX "A" TYPICAL CROSS SECTIONS AGENDA FEB 2 ~ zO~ i L: II L~l ill i, i:i~ i Ill ~I:I 'ES Z ~ :-: R 26 E 'ONSULTING Surveyors & Mappers, ,- ~.. · · .L. ~ Plmae~s, Project Managers D~ CLIENT: JULY, 2002 WATERWAYS AT HIBiSCU~ ~ ~ SCALE: N.T.S. I~ O~,WN ~: TITLE: BRISTOL PINES PUD D.H.N. ~.Ec,Eo ~,: ViCINTY MAP FEB 2 ; ~c: ~.: .~: ..o~c~ 02-0151.01 J s,~ 1 1 J~'~ -. 35 4BS 26E NUMBER: NUMBER: OF NUMBER?' JlX~-~N-~ 3050 N~rth Horseshoe Drive, Suite 270 Naples, Rodda 341 ~ Phone: (239} 649-1509 F~kX: (239) 649-7056 WATER ~T~E~ FACIL~ ~ · ~ ~ ~ DAK RtDG[ 5UB~ATI~~ VANDERBILT BEACHROAD EXT. ~ANDERBtL~ HEA~OAD ~XT. ~ ~ COBOL a RESCUE DISTRICT STATION ~ ~ COLD[N CATE B~LEVARD C.R. 896) J ~ PINE R~DGE ROAD EXT.(C.R, B96) ~l~ BOULEVARD ~ ~ Dr~RICT ~2 Feb 05. 2003 - 09:30:18 P:\20C2 Project$\02-01$7.01 Bristol Pines PUD\O003 Rezoning Applicotlon Supporf\Pubfic Facil;tFes\20151XO2. dwg CONSULTING Sun'erors & Mappers, ,.1. ~.. · · -/..I. Pla.nn;'rs, Project Managers a050 N~h I'lomesho~ 0rive, Suite 270 Naples, Florida 34104 Phone: (239) 649-I 509 FAX: (239) 649-7056 FEB., 2003 N.T.S. D.H.N. SEC: 35 485 2,6-- CLIENT: BRISTOL PINES PUD T~TLE: PUBLIC FACILITIES MAP EXHIBIT E PROJECT("I "') ri ~-~ ~ SHEc~T J NUMB---R.~, Z_ -- U151._ 1NUMB[R:1 or 1 rILE - ' NZIMBER: AC, EN~ Pg._ AGREEMENT AUTHORIZING AFFORDABLE HOUSING DENSITY BONUS AND IMPOSING COVENANTS AND RESTRICTIONS ON REAL PROPERTY THIS AGREEMENT is made as of the ~ day of ,2004, by and between Waterways Joint Venture IV, a Florida .qeneral partnership (the "Developer") and the Collier County Board of County Commissioners (the "Commission"), collectively, the "Parties." RECITALS: A. The Developer owns a tract of real property described in Exhibit "A" attached hereto and incorporated herein (The "Property"). It is the Developer's intent to construct a maximum of one hundred fifty nine (159) residential units (the "Units") at a density of 6.98 units per gross acre on the Property. The gross acreage of Property is 22.77 acres. The number of affordable Units constructed by Developer shall be 16, representing 10.06 percent of the total number of residential Units in the development. B. In order to construct the Units, the Developer must obtain a density bonus from the Commission for the Property as provided for in the Collier County Affordable Housing Density Bonus Ordinance No. 90-89, now codified by Ordinance 93-89, § 3, as Land Development Code (LDC) § 2.7.7. et seq., which density bonus can only be granted by the Commission and utilized by the Developer in accordance with the strict limitations and applicability of said provisions. C. The Commission is willing to grant a density bonus to the Developer authorizing the construction of six'tv ei(~ht (68) bonus Units on the Property, if the Developer agrees to construct affordable Units as specified in this Agreement. NOW, THEREFORE, in consideration of the approval and granting of the density bonus of three (3) units per acre ~equested by the Developer and the benefits conferred thereby on the Property, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Developer and the Commission hereby covenant and agree as follows: 1. Recitals. The above Recitals are true and correct and are incorporated herein by reference. 2. Developer Agreements. The Developer hereby agrees that it shall construct sixteen (16) affordable Units which Units shall be sold in accordance with the terms and conditions of this Agreement and as specified by the attached Appendices A & B, Exhibits A, B, & C, and Appendix C, which Appendices are incorporated by reference herein and which constitute a part of this Agreement. Page 1 of 20 a. The following provisions shall be applicable to the affordable Units: (1) Defined terms: In the event of a conflict between terms as defined in the LDC or in Ordinance No. 90-89, Section 4, the definitions of the LDC will control when applying or interpreting this Agreement. In addition to these defined terms and the applicability of LDC § 2.7.7.4.5., "Phasing" shall mean (a) the phased construction of buildings or structures in separate and distinct stages as shown on a PUD master plan, subdivision master plan or site development plan; or (b) in developments where phased construction is not depicted on a PUD master plan, subdivision master plan or site development plan, the construction of buildings or structures in a clearly defined series of starts and finishes that are separate and distinct within the development. (2) Median Income. For the purposes of this Agreement, the median income of the area as defined by the U.S. Department of Housing and Urban Development (HUD) shall be the then current median income for the Naples Metropolitan Statistical Area, established periodically by HUD and published in the Federal Register, as adjusted for family size as shown on the tables attached hereto as Appendix A, Exhibit C, which Exhibit shall be adjusted from time to time in accordance with any adjustments that are authorized by HUD or any successor agency. In the event that HUD ceases to publish an established median income as aforesaid, the Parties hereto shall mutually agree to another reasonable and comparable method of computing adjustments in median income. (3) Eligibility and Qualification of Owner. Family income eligibility is a three-step process: 1) submittal of an application by a prospective Owner; 2) verification of family housing unit provided under the affordable housing density bonus program prior to being qualified at the appropriate level of income (moderate income) in accordance with this Section; 3) certification of eligible Owner by the Financial Administration and Housing Department. The Developer shall be responsible for qualifying Owners by accepting applications, verifying income and obtaining income certification for alt affordable units in the subject development. All applications, forms and other documentation required by this Agreement shall be provided to the Financial Administration and Housing Department. Qualification by the Developer of any persons as an eligible Owner family shall be subject to review and approval in accordance with the monitoring and enforcement program created and adopted by Resolution of the Commission in LDC §§ 2.7.7.5. and 2.7.7.6., respectively. (a) Application. A potential owner shall apply to the developer, owner, manager, or agent to qualify as a Iow income family for the purpose of owning and occupying an affordable housing unit pursuant to the affordable housing density bonus Page 2 of 20 FEB 2 200 t p¥ogram. The Preliminary Application for Affordable Housing Unit shall be provided by the Financial Administration and Housing Department as shown in Appendix B, Exhibit A, attached to this Agreement and incorporated by reference herein. (b) Income Verification and Certification. No affordable housing Unit in the development shall be sold whose household income has not been verified and certified in accordance with this Agreement and LDC § 2.7.7.5.2. (c) Income Verification. The Developer shall obtain written verification from the potential occupant (including the entire household) to verify all regular sources of income (including the entire household). The most recent year's federal income tax return for the potential occupants (including the entire household) may be used for the purpose of income verification, attached to the Affordable Housing Applicant Income Verification form, including a statement to release information, occupant verification of the return, and a signature block with the date of application. The verification shall be valid for up to one hundred eighty (180) days prior to occupancy. Upon expiration of the 180 day period, the information may be verbally updated from the original sources for an additional 30 days, provided it has been documented by the person preparing the original verification. After this time, a new verification form must be completed. The Affordable Housing Applicant Income Verification form shall be provided by the Financial Administration and Housing Department as shown in Appendix B, Exhibit B, attached to this Agreement and incorporated by reference herein. (d) Income Certification. Upon receipt of the Preliminary Application for Affordable Housing Unit and Affordable Housing Applicant Income Verification form, the Developer shall require than an income certification form be executed by the potential occupant (including the entire household) prior to occupancy of the affordable housing unit by the occupant. Income certification shall assure that the potential occupant has an appropriate household income which qualifies the potential occupant as an eligible family to occupy an affordable housing unit under the affordable housing density bonus program. The Affordable Housing Applicant Income Certification form shall be provided by the Financial Administration and Housing Department as shown in Appendix B, Exhibit C, is attached to this Agreement and is incorporated by reference herein. Random inspection of files containing required documentation to verify occupancy in accordance with this Agreement and LDC § 2.7.7., may be conducted by the Financial Administration and Housing Department upon reasonable notice. (4) Annual Progress and Monitorin.q Report. The Developer shall provide the Financial Administration and Housing Department an annual progress and monitoring report regarding the delivery of affordable housing units throughout the period of their construction and occupancy. The annual progress and monitoring report shall, at a Page 3 of 20 FEB 2 200 minimum, provide any information reasonably required to insure compliance with LDC § 2.7.7., or subsequent amendments thereto. The report shall be filed on or before September 30 of each year and the report shall be submitted by the Developer to the Financial Administration and Housing Department. Failure to complete and submit the monitoring report to the Financial Administration and Housing Department within sixty (60) days from the due date shall result in a penalty of up to fifty dollars ($50.00) per day unless a written extension not to exceed thirty (30) days is requested prior to expiration of the sixty (60) day submission deadline. No more than one such extension may be granted in a single year. (5) Occupancy Restrictions. No Affordable Unit in any building or structure on the Property shall be occupied by the Developer, any person related to or affiliated with the Developer, or by a resident manager. 3. Density Bonus. The Commission hereby acknowledges that the Developer has met all required conditions to qualify for a density bonus, in addition to the base residential density of four (4) units per acre, and is therefore granted a density bonus of three (3) density bonus units per acre, for a total density (total = density bonus units per acre X gross acreage) of seven (7) units/ac, pursuant to LDC § 2.7.7. The Commission further agrees that the Developer may construct thereon, in the aggregate a maximum number of one hundred fifty nine (159) units on the Property provided the Developer is able to secure building permit(s) from Collier County. 4. Commission Agreement. During the term of this Agreement, the Commission acting through the Financial Administration and Housing Department or its successor(s) covenants and agrees to prepare and make available to the Developer any general information that it possesses regarding income limitations and restrictions which are applicable to the affordable Unit. 5. Violations and Enforcement a. Violations. It shall be a violation of this Agreement and LDC § 2.7.7. to sell or occupy, or attempt to sell or occupy, an affordable housing unit provided under the affordable housing density bonus program except as specifically permitted by the terms of this Agreement; or to knowingly give false or misleading information with respect to any information required or requested by the Financial Administration and Housing Department or by any other persons pursuant to the authority which is delegated to them by LDC § 2.7.7. Collier County or its designee shall have full power to enforce the terms of this Agreement. The method of enforcement for a breach or violation of this Agreement shall be at the option of the Commission by criminal enforcement pursuant to the provisions of Section 125.69, Florida Statutes, or by civil enforcement as allowed by law. Page 4 of 20 FEB 2 200 b. Notice of Violation for Code Enforcemeht Board Proceedin.qs. Whenever it is determined that there is a violation of this Agreement or of LDC § 2.7.7., that should be enforced before the Code Enforcement Board, then a Notice of Violation shall be issued and sent by the appropriate department by certified return-receipt requested U.S. Mail, or hand-delivery to the person or developer in violation. The Notice of Violation shall comply with the requirements for such Notices. c. Certificate of Occupancy. In the event that the Developer fails to maintain the affordable units in accordance with this Agreement or LDC § 2.7.7., as amended, at the option of the Commission, building permits or certificates of occupancy, as applicable, may be withheld for any future planned or otherwise approved unit located or to be located upon the Property until the entire project is in full compliance with this Agreement and with LDC § 2.7.7., as amended. 6. AssiRnment by Commission. The Commission may assign all or part of its obligations under this Agreement to any other public agency having jurisdiction over the Property provided that it gives the Developer thirty (30) days advance written notice thereof. The Developer may not assign, delegate or otherwise transfer all or part of its duties, obligations, or promises under this Agreement to any successor in interest to the Property without the express written consent of the Commission, which consent may be withheld for any reason whatsoever. Any attempt to assign the duties, obligations, or promises under this Agreement to any successor in interest to the Property without the express written consent of the Commission as required by this Section shall be void ab initio. 7. Severability. If any section, phrase, sentence or portion of this Agreement is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision, and all other provisions shall remain effective and binding on the Parties. 8. .Notice. Any notices desired or required to be given under this Agreement shall be in writing and shall either be personally delivered or shall be sent by mail, postage prepaid, to the Parties at the following addresses: To the Commission: To the Developer: Collier County Financial Administration and Housing Department 2800 North Horseshoe Drive Naples, Florida 34104 Waterways Joint Venture IV 914 Grand Rapids Boulevard Naples, Florida 34120 Attention: Richard Davenport Page 5 of 20 With copy to: Richard D. Yovanovich, Esquire Goodlette, Coleman & Johnson, P.A. 4001 North Tamiami Trail, Suite 300 Naples, Florida 34103 Any Party may change the address to which notices are to be sent by notifying the other Party of such new address in the manner set forth above. 9. Authority to Monitor. The Parties hereto acknowledge that the Collier County Financial Administration and Housing Department or its designee, shall have the authority to monitor and enforce the Developer's obligations hereunder. 10. Indemnify. The Developer hereby agrees to protect, defend, indemnify and hold Collier County and its officers, employees, and agents harmless from and against any and all claims, penalties, damages, losses and expenses, professional fees, including, without limitation, reasonable attorney's fees and all costs of litigation and judgments arising out of any claim, willful misconduct or negligent act, error or omission, or liability of any kind made by Developer, its agents or employees, arising out of or incidental to the performance of this Agreement. 11. Covenants. The Developer agrees that all of its obligations hereunder shall constitute covenants, restrictions, and conditions which shall run with the land and shall be binding upon the Property and against every person then having any ownership interest at any time and from time to time until this Agreement is terminated in accordance with Section 14 below. However, the Parties agree that if Developer transfers or conveys the Property to another person or entity, Developer shall have no further obligation hereunder and any person seeking to enforce the terms hereof shall look solely to Developer's successor in interest for the performance of said obligations. 12. Recordinq. This Agreement shall be recorded at Developer's expense in the official records of Collier County, Florida. 13. Entire ARreement. The Parties hereto agree that this Agreement constitutes the entire Agreement between the Parties hereto and shall inure to and be binding upon their respective heirs, successors, and assigns. 14. Termination. Each affordable housing unit shall be restricted to remain and be maintained as the required affordable housing as provided in the LDC §2.7.7.4.1.9. 15. Modification. This Agreement shall be modified or amended only by the written agreement of both Parties. 16. Discrimination. a. The Developer agrees that neither it nor its agents shall discriminate against any owner or potential owner because of said owners race, color, religion, sex, national origin, familial status, or handicap. Page 6 of 20 FEB 2 200 b. VVhen the Developer advertises, sells or maintains the affordable housing unit, it must advertise sell, and maintain the same in a non-discriminatory manner and shall make available any relevant information to any person who is interested in purchasing such affordable housing unit. c. The Developer agrees to be responsible for payment of any real estate commissions and fees for which it is liable in the purchase and sale of affordable units. e. The affordable housing units shall be intermixed with, and not segregated from, the market rate dwelling units in the development. f. The square footage, construction and design of the affordable housing units shall be the same as market rate dwelling units in the development. All physical amenities in the dwelling units, as described in item number seven (7) of the Developer Application for Affordable Housing Density Bonus shall be the same for market rate units and affordable units. For developments where construction takes place in more than one phase, all physical amenities as described in item number seven (7) of the Developer Application for Affordable Housing Density Bonus shall be the same in both the market rate units and the affordable units in each phase. Units in a subsequent phase may contain different amenities than units in a previous phase so long as the amenities for market rate units and affordable units are the same within each phase and provided that in no event may a market rate unit or affordable unit in any phase contain physical amenities less than those described in the Developer Application. 17. Phasin.q. The percentage of affordable housing units to which the Developer has committed for the total development shall be maintained in each phase and shall be constructed as part of each phase of the development on the Property. Developer commits to 10 percent affordable housing units for this project, with 10 percent of the units in each phase as built consisting of affordable units. 18. Disclosure. The developer shall not disclose to persons, other than the potential buyer or lender of the particular affordable housing unit or units, which units in the development are designated as affordable housing units. 19. Consistency. This Agreement and authorized development shall be consistent with the Growth Management Plan and land development regulations of Collier County that are in effect at the time of development. Subsequently adopted laws and policies shall apply to this Agreement and to the development to the extent that they are not in conflict with the number, type of affordable housing units and the amount of affordable housing density bonus approved for the development. Page 7 of 20 AGENDA FEB 2. 200 .,. Il 20. Affordable Housinq Density Bonus Development A,qreement. This Agreement is a distinct and separate agreement from "development agreements" as defined by Section 163.3220, Fla. Stat., as amended. 21. Preapplication. Developer has executed and submitted to the Development Services Department the Developer Application for Affordable Housing Density Bonus, a copy of which is attached to this Agreement as Appendix C and incorporated by reference herein. 22. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. 23. Further Assurances. The Parties hereto shall execute and deliver, in recordable form if necessary, any and all documents, certificates, instruments, and agreements which may be reasonably required in order to effectuate the intent of the Agreement. Such documents shall include but not be limited to any document requested by the Developer to exhibit that this Agreement has terminated in accordance with the provisions of paragraph 14 above. IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed as of the day and year first above written. ATTEST: DWIGHT E. BROCK, Clerk Deputy Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: Donna Fiala, Chairman ~"~'oved ~s to form and legal sufficiency: 15aYriCk G. Whlte Assistant County Attorney Page 8 of 20 F._, 2 20 . /2 V~tnesses: VVitness Printed Name Witness Printed Name DEVELOPER: WATERWAYS JOINT VENTURE IV, a Florida general partnership By: Waterways at Hibiscus, Ltd., a Florida limited partnership its general partner By: Waterways Development, Inc. a Florida corporation its General Partner By: Richard Davenport, President STATE OF FLORIDA ) COUNTY OF COLLIER ) The foregoing Agreement Authorizing Affordable Housing Density Bonus And Imposing Covenants And Restrictions On Real Property was acknowledged before me by Richard Davenport as President of Waterways Development, Inc. general partner of Waterways at Hibiscus, Ltd., general partner of Waterways Joint Venture IV, who is personally knov~n to me or has produced as identification. WITNESS my hand and official seal this ~ day of , 2004. My Commission Expires: Notary Public Page 9 of 20 FEB2 200 [ ! APPENDIX A~ EXHIBIT A NUMBER OF AFFORDABLE HOUSING UNITS/MONTHLY BASE RENTS NUMBER OF UNITS BASE RENT Single Multi Single Multi Family Family Family Family LOW INCOME (60% MI) Efficiency I Bedroom 2 Bedroom 3 Bedroom 4 Bedroom TOTAL VERY LOW INCOME (50% MI) Efficiency I Bedroom :2 Bedroom 3 Bedroom 4 Bedroom TOTAL VERY-VERY LOW INCOME (25%-50% MI) Efficiency I Bedroom 2 Bedroom 3 Bedroom 4 Bedroom TOTAL 16 16 (1) Base residential density allowed in this development 4 units/acre. (2) Gross acreage 22.77 . (3) Maximum number of affordable housing density bonus units allowed in this development pursuant to Section 7 Ordinance 90-89. 3 units/acres. (4) Gross residential density of this development (including affordable housing density bonus units) 6.98 units/acre. (5) Percentage of affordable units pledged by the developer (as a percent of the total number units in the development) 10.06 %. (6) The initial sales price and any subsequent sales price within these fifteen (15) years for any affordable housing unit may not exceed the maximum home sales price set by the Florida Housing Finance Corporation and adopted by the Collier ~2ounty Board of County Commissioners in the Collier County Local Housing Assistance Plan. Page 10 of 20 FEB 2 APPENDIX Ar EXHIBIT B AFFORDABLE HOUSING DENSITY BONUS RATING SYSTEM LDC § 2.7.7.3., provides for calculation of a density bonus for developers pledging to construct affordable units within their development. Included in this Exhibit B are instructions for and the tables with which to calculate the density bonus for a particular project. Exhibit C contains the current median income and acceptable rents for Iow and very low income households in Collier County. The affordable housing density bonus rating system shall be used to determine the amount of the affordable housing density bonus which may be granted for a development based on household income level, number of bedrooms per affordable housing unit, type of affordable housing units (owner-occupied or rental, single-family or multi-family) and percentage of affordable housing units in the development. To use the affordable housing density bonus rating system, Tables A and B, below, shall be used. Tables A and B shall be reviewed and updated if necessary on an annual basis by the Board of County Commissioners or its designee. First, choose the household income level (moderate, low, or very Iow) of the affordable housing unit(s) proposed in the development, and the type of affordable housing units (owner-occupied or rental, single-family or multi-family, where applicable) to be provided, as shoxvn in Table A. Then, referring again to Table A, choose the number of bedrooms proposed for the affordable housing unit(s). An affordable housing density bonus rating based on the household income level and the number of bedrooms is shown in Table A. After the affordable housing density bonus rating has been determined in Table A, locate it in Table B, and determine the percent of that type of affordable housing unit proposed in the development compared to the total number of dwelling units in the development. From this determination, Table B will indicate the maximum number of residential dwelling units per gross acre that may be added to the base density. These additional residential dwelling units per gross acre are the maximum affordable housing density bonus (AHDB) available to that development. Developments with percentages of affordable housing units which fall in between the percentages shown on Table B shall receive an affordable housing density bonus equal the lower of the two percentages it lies between plus 1/10th of a residential dwelling unit per gross acre for each additional percentage of affordable housing rental units in the development. For example, a development which has 24% of its total residential dwelling units as affordable housing units, and which has an affordable housing density bonus rating of "four" will receive an affordable housing density bonus (AHDB) of 4.4 residential dwelling units per gross acre for the development. Where more than one type of affordable housing unit (based on level of income and number of bedrooms shown in Table A) is proposed for a development, the affordable housing density bonus for each type shall be calculated separately in Table B. After the affordable housing density bonus calculations for each type of affordable housing unit have been completed in Table B, the affordable housing density bonus for each type of unit shall be added to those for the other type(s) to determine the maximum affordable housing density bonus available for the development. In no event shall the affordable housing density bonus exceed eight (8) dwelling units per gross acre. Page 11 of 20 FEB 2 2006 APPENDIX A, EXHIBIT B AFFORDABLE HOUSING DENSITY BONUS RATING SYSTEM Please calculate your density bonus in the space provided below. Attach additional pages if necessary. TABLE A: AFFORDABLE HOUSING DENSITY BONUS RATING LEVEL OF HOUSEHOLD INCOME NUMBER OF BEDROOMS/UNIT EFFICIENCY 2 3 OR AND I MORE MODERATE (OWNER-OCCUPIED, SINGLE-FAMILY) 0 1' 1' LOW (OWNER-OCCUPIED OR RENTAL SINGLE-FAMILY OR MULTI- FAMILY) 2 3 4 VERY LOW (OWNER OCCUPIED OR RENTAL, SINGLE-FAMILY OR MULTI-FAMILY) 3 4 5 *For cluster housing developments in the Urban Coastal Fringe, add 1 density bonus to obtain 2. TABLE B: AFFORDABLE HOUSING DENSITY BONUS (ADDITIONAL AVAILABLE DWELLING UNITS PER GROSS ACRE) AFFORDABLE HOUSING DENSITY BONUS RATING % OF AFFORDABLE HOUSING UNITS 10% 20% 30% 40% 1 0 0 1 2 2 0 I 2 3 3 2 3 4 5 4 3 4 5 7 5 4 5 7 8 Page 12 of 20 APPENDIX A1 EXHIBIT C INCOME AND RENT LEVELS FOR THE LOW AND MODERATE INCOME. Pursuant to the Impact Fee Ordinances, adopted by the Board of County Commissioners, December 16, 1992, moderate income is 61% to 80% of the median income, low income is 51% to 60% of the median income and very low income is less than 50% of the median income. $65,000 MEDIAN INCOME 2001 Naples, MSA (Collier County) NUMBER OF MEMBERS IN FAMILY 100% 45,500 52,000 58,500 65,000 70,200 75,400 80,600 85,800 80% 36,400 41,600 46,800 52,000 56,150 60,300 64,500 68,650 60% 27,300 31,200 35,100 39,000 42,100 45,200 48,400 51,500 50% 22,750 26,000 29,250 32,500 35,100 37,700 40,300 42,900 35% 15,925 18,200 20,475 22,750 24,570 26,390 28,210 30,030 25% 11,375 13,000 14,625 16,250 17,550 18,850 20,150 21,450 RECOMMENDED RENTAL RATES The Florida Housing Finance Corporation (FHFC) calculates rents to use in the State Apartment Incentive Loan (SAIL) and the Lowlncome Rental Housing Tax Credit (LIHTC) programs. The rents given below are based on 2001 data from FHFC. Utility costs are provided from the County's Section 8 Rental Assistance Program which is administered by the Collier County Housing Authority. HOUSING COSTS BASED ON 30% FAMILY INCOME ONE BEDROOM TWO BEDROOMTHREE BEDROOMFOUR BEDROOM UNIT UNIT UNIT UNIT 100% 1,218 1,462 1,690 1,884 80% 975 1,170 1,351 i,507 60% 731 877 1,014 1,131 50% 609 731 845 942 35% 426 511 591 659 25% 304 365 422 471 LOCATION Naples and Coastal Collier County 71.00 91.00 Immokalee and East of Everglades Blvd. 67.00 106.00 Golden Gate 96.00 144.00 UTILITY ALLOWANCES ONE BfR TWO B/R THREE B/R FOUR B/R UNIT UNIT UNIT UNIT 128.00 156.00 148.00 173.00 186.00 211.00 YOU MUST DEDUCT UTILITIES TO CALCULATE NET RENTS. ffdensitybonus/inc&rent rev. 4/ Page 13 of 20 APPENDIX B, EXHIBIT A PRELIMINARY APPLICATION FOR AFFORDABLE HOUSING UNIT Date Occupancy Desired: __ Your Name: Co-Tenant Name Present Address: Date of Application:__ Amt. Of Sec. Deposit:__ Race/National Origin: Handicap: Yes No Race/National Origin: Handicap: Yes __ No __ Name of Landlord Landlord's Address: Street City State Zip Telephone No. How Long at this Address: Street City State Zip Telephone No. If you have resided at your present address less than 3 years, please state previous address: Street City State Zip Telephone No. Name of Previous Landlord Street APPLICANT: Present Employers Name Address and Telephone No. How long with Present Employer: Gross Salary: Hourly $ Social Security Number Previous Employers Name Address and Telephone No. How long with Previous Employer CO-TENANT: Present Employers Name Address and Telephone No. How long with Present Employer: Gross Salary: Hourly $__ Social Security Number Previous Employers Name Address and Telephone No. City State Zip Telephone No. Job Title __ Every 2 Weeks $__ Birth Date Job Title __ Weekly $ Job Title Monthly $__ Weekly $ Every 2 Weeks $ Monthly $ Birth Date How long with Previous Employer Job Title NAMES OF ALL WHO WILL OCCUPY APARTMENT BIRTH DATE SEX AGE 1. 2. 3. PERSONAL REFERENCES (Not Relatives) 1. Name: Address: 2. Name: Address: SOCIAL SECURITY How Long Known:__ How Long Known:~ Page 14 of 20 ITEM FEB 2 6. 2006 APPENDIX Bt EXHIBIT B AFFORDABLE HOUSING APPLICANT INCOME VERIFICATION Date: Applicant's Name: Social Security Number Co-Tenant's Name:: Social Security Number Present Address: Street City State Zip Telephone No. I hereby make application for a single family unit at I hereby declare and reveal all of my sources of income. I am aware that to leave out, omit or fail to report my assets or forms of income from pensions, stocks, bonds, real property rent, sale or ownership is a fraudulent act punishable by law. Knowingly falsifying information on this form is cause for refusal of occupancy. I hereby certify that this will be my permanent residence and that I have no other assisted housing. I understand that this information is for the purpose of computing my annual income to determine my qualification to buy an affordable housing unit. I understand that I am not required to surrender my ownership or rights or claimed property, pensions or capital gains, etc. Applicant Co-Occupant Amount Frequency Amount Frequency Received of Pay Received of Pay Wages/Salary $ $__ $__ $__ Bonuses $ $~ $__ $__ Tips $ $__ $__ $__ Commissions $ $ $__ $__ Interest Income $ $ $__ $__ Trust Fund Income $ $ $ $__ Unemployment $ $ $__ $__ Workman's Compensation $ $ $__ $__ Welfare $ $ $ $ Food Stamps $__ $ $ $__ Social Security $__ $ $ $__ Social Security Disability $__ $ $ $__ Supplemental SSI $ $ $ $__ Family Assistance $ $ $__ $__ Child Support $ $__ $__ $__ Veterans Benefits $ $ $ $ Widows Benefits $ $ $ $ Union Pension $ $ $ $ Self-Employment Business, Silent Partner, etc. $ $ $ Private Insurance Pension $ $ $ $ TOTAL ANNUAL INCOME $ $ THE VERIFICATION HERE REQUESTED MAY TAKE THE FORM OF THE MOST RECENT YEAR'S INCOME TAX RETURN FOR EACH OCCUPANT WHO HAS FILED AND WILL OCCUPY THE AFFORDABLE UNIT. THE SAME MUST BE EXECUTED FOR EACH OCCUPANT OF THE HOUSEHOLD WHO CONTRIBUTED TO THE ANNUAL HOUSEHOLD INCOME. FAILURE TO REPORT ALL SOURCES OF HOUSEHOLD INCOME WILL RESULT IN DISQUALIFICATION FOR TENANCY [lq AFFORDABLE HOUSING UNIT. Page 15 of 20 FEB 2 200 APPENDIX Bt EXHIBIT C AFFORDABLE HOUSING APPLICANT INCOME CERTIFICATION APPLICANT: Present Employer: Job Title: Address: Street (Applicant) on this certification form. City State Zip ., hereby authorize the release of information requested STATE OF FLORIDA ) ) ss COUNTY OF COLLIER) The foregoing was acknowledged before me by Who is personally known to me or has produced identification. Witness my hand and official seal this (notary seal) My Commission Expires: Signature of Applicant as __day of Notary Public ,2004. EMPLOYER CERTIFICATION Applicant's Gross Annual Income or Rate or Pay: $ Number of Hours Worked (Weekly):.__ Frequency of Pay: Amount of Bonuses, Tips, or other Compensation Received: $ Monthly Annually Supervisor STATE OF FLORIDA ) ) ss COUNTY OF COLLIER) The foregoing was acknowledged before me by Who is personally known to me or has produced identification. Witness my hand and official seal this day of ,2004. (notary seal) My Commission Expires: Notary Public THE CERTIFICATION HERE REQUESTED MAY TAKE THE FORM OF THE MOST RECENT YEAR'S INCOME TAX RETURN FOR EACH OCCUPANT WHO HAS FILED AND WILL OCCUPY THE AFFORDABLE UNIT. Page 16 of 20 L ,FEB Z 2',,.. APPENDIX C DEVELOPER APPLICATION FOR AFFORDABLE HOUSING DENSITY BONUS Pursuant to LDC § 2.7.7.2.4., please complete this form and submit it with any accompanying documentation to the Community Development & Environmental Services Division, 2800 North Horseshoe Drive, Naples, Florida 34104. A copy must also be provided to the Housing and Urban Improvement Department. All items requested must be provided. 1. Please state what zoning districts are proposed by the applicant, if any, on the property and the acreage of each; The Developer has made application ~o rezone the 22.77 acre parcel to Planned Unit Development. 2. Has an application for rezoning been requested in conjunction with the affordable housing Density bonus? X Yes ~ No If yes, state date of application December 20 2002 and if the request has been approved, state the Ordinance number 3. Gross density of the proposed development. 6.98 units/acre. Gross acreage of the proposed development. 22.77 acres. 4. Are affordable housing density bonus units sought in conjunction with an application for a planned unit development (PUD)? X Yes No. If yes, please state name and location of the PUD and any other identifying information. _. Bristol Pines PUD Name of applicant Waterways Joint Venture IV Name of land developer if not the same as Applicant: Please complete the following tables as they apply to the proposed development. TABLE I Type of Unit Efficiency One Bedroom Two Bedroom Three Bedroom Other Bedroom 1-OTAL Total Number of Units in Development Owrler Rental Occupied 159 159 Page 17 of 20 FEB Z Pg. TABLE I1 Number of Affordable Housing Units Total Number of Affordable Units in Development Proposed Use for Density Bonus Units Owner Rental Occupied Owner Rental Occupied MODERATE INCOME 80% MI Efficiency I Bedroom 2Bedroom 3 Bedroom Other TOTAL LOW INCOME 60% MI Efficiency 1 Bedroom 2 Bedroom 3 Bedroom Other TOTAL 16 0 16 0 VERY LOW INCOME 50%MI Efficiency 1 Bedroom 2 Bedroom 3 Bedroom Other TOTAL Page 18 of 20 7'. Please provide a physical description of the affordable units by type of unit (moderate, low, very low income) and by number of bedrooms. Include in your description, for example, the square footage of each type of unit, floor covetings used throughout the unit (carpeting, tile, vinyl flooring); window treatments; appliances provided such as washer/dryer, dishwasher, stove, refrigerator; bathroom amenities, such as ceiling exhaust fans; and any other amenities as applicable. Attach additional pages as Exhibit "D" if needed. All homes in Bristol Pines, including the homes reserved for moderate income purchasers, will share many common features: * Solid concrete block construction. * Durable compressed concrete tile roofs. * Desirable concrete paver driveways, walks and entries. * R-19 fiberglass insulation in all attics; R4.2 in exterior walls. * Ceramic tile flooring in all kitchens, baths, and laundry areas. * Carpet over hypoallergenic pads in living and bedroom areas. * European style kitchen cabinets with fully adjustable shelves * Complete kitchen appliances, including a microwave oven, range, refrigerator and disposal * High efficiency air conditioning with strip heat. * Fully landscaped private yards. * Dual sinks in the master bath. * Enclosed toilet/tub in the master bath. * Walk in closet for the master bedroom. * Aluminum framed windows and sliding glass doors. * Metal clad entry door with dead bolt lock. * Strong steel hurricane shutters. * Pre-wiring for cable television, telephone and a digital perimeter security alarm system. The homes reserved for low income purchasers will all be three bedroom, two bath units in four unit buildings of one story. The interior units will offer 1,241 square feet of living area and the end units are just slightly larger at 1,253 square feet of air conditioned area. Each home will be owned in fee simple by the purchaser. All of the Bristol Pine town homes will have complete yard service and periodic exterior painting provided for by the Bristol Pines Community Association. The monthly homeowners fee will also cover the cost of basic cable television service, alarm system monitoring, maintaining the gated entry, common areas and a community clubhouse where residents and guests may swim, play tennis, volleyball, or just relax. The monthly fee has not yet been finally determined, but is anticipated to be approximately $150 per month. 8. Please supply any other information which would reasonably be needed to address this request for an affordable housing density bonus for this development. Attach additional pages.- None. Page 19 of 20 FEE 2 200z EXHIBIT "A" BRISTOL PINES LEGAL DESCRIPTION A PART OF THE NORTHWEST QUARTER OF SECTION 35, TOWNSHIP 48 SOUTH, RANGE 26 EAST, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SECTION 35, TOWNSHIP 48 SOUTH, RANGE 26 EAST; THENCE ALONG THE NORTH LINE OF SAID SECTION 35, PROCEED N 89°56'57" E, FOR 100.08 FEET; THENCE LEAVING SAID NORTH LINE S 02°16'29" E, FOR 30.02 FEET ALONG THE EASTERLY BOUNDARY OF A 100 FOOT ACCESS EASEMENT, ALSO BEING PARALLEL WITH THE WEST LINE OF SAID SECTION 35, TO A POINT ON THE SOUTH RIGHT OF WAY OF TREE FARM ROAD AND ALSO BEING THE POINT OF BEGINNING; THENCE ALONG SAID SOUTH RIGHT OF WAY, ALSO BEING PARALLEL WITH THE NORTH LINE OF SAID SECTION 35, N 89°56'57" E FOR 1552.29 FEET; THENCE LEAVING SAID SOUTH RIGHT OF WAY S 02°16'25" E FOR 639.48 FEET; THENCE SOUTH 89°56'32TM W FOR 1552.27 FEET TO A POINT ON THE EAST LINE OF A 100 FOOT CANAL EASEMENT; THENCE ALONG SAID EAST LINE OF CANAL EASEMENT, BEING PARALLEL WITH THE WEST LINE OF SAID SECTION 35, N 02°16'29" W FOR 639.67 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED. CONTAINING 992050.3 SQUARE FEET OR 22.8 ACRES MORE OR LESS. SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORDS. BEARINGS ARE BASED ON THE NORTH LINE OF SECTION 35, TOWNSHIP 48 SOUTH, RANGE 26 EAST, AS BEING NORTH 89°56'57" EAST. Page 20 of 20 EXECUTIVE SUMMARY AN ORDINANCE OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NO. 89-69, AS AMENDED, REGARDING INOCULATON OF COCONUT PALM TREES AGAINST LETHAL YELLOWING DISEASE; EXPANDING THE SCOPE OF THE ORDINANCE TO APPLY TO THE MALAYAN-AND MAYPAN COCONUT PALM TREES AND TO THE PHOENIX DATE PALM GROUP (DATE PALM AND CANARY ISLAND PALM) AND CHRISTMAS PALMS; DELEGATING RESPONSIBILITIES TO CODE ENFORCEMENT; AUTHORIZING THE COUNTY TO TAKE REMEDIAL ACTIONS WITHOUT FIRST INSTRUCTING THE LAND OWNER TO TAKE SUCH ACTIONS; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING AN EFFECTIVE DATE. OBJECTIVE: Adopt the attached Ordinance to amend the Collier County Lethal Yellowing Ordinance to more effectively and efficiently suppress outbreaks of fast-moving Lethal Yellow Disease in Collier County. CONSIDERATIONS: Suppression of Lethal Yellow Disease consistent with City of Naples requires rapid response in order to protect coconut palm, date palm and Canary Island date palm and Christmas palm tree populations. Palms infected with this disease may die in 3 to 6 months once they have been infected. The current Ordinance requires staff to contact property owners to afford them an opportunity to have their covered palm trees inoculated. Many of these owners are out of the country or out of Florida. This procedure delays prompt treatment of this disease. · The amendments that required staff to afford the respective landowner to schedule inoculations and removals are being deleted to save time and money spent on process and enforcement (tracking homeowner, follow-through, and notification if they failed to follow through), and billing the landowner for the County's costs. · The most effective method is constant diligence in frequent inspections (every three months is the ideal); monitoring hot spot areas; helicopter fly-overs and rapid response to reports of possible new infected or suspected'sites; collaboration and sharing information with other officials. · The current Ordinance allocates $20,000 from General Fund (001) to support monitoring efforts and rapid response with county funded removal of already infected covered palm trees, and inoculation of other not yet infected palm trees within a 300 foot radius of an infected palm tree. · The already authorized $20,000 per fiscal year sum cannot be exceeded in any fiscal year unless the Board authorizes expenditure of funds in excess of that sum. · By deleting the now existing homeowner mandatory palm inoculation and palm removal provision in Ordinance No. 2000-23, the County will save time and money from being expended for enforcement of the current Ordinance, including tracking mandatory homeowner follow through, and billing, including postage and processing expenses. This ordinance requires that Code Enforcement monitor inoculations to ascertain that required inoculations are being conducted, and to determine by survey the number and location of other covered palm trees that must be inoculated due to physical proximity to each already infected covered palm tree. University Extension will train and maintain a list of certified tree removal and inoculat'ti~ 4~/~,~n c ~/kszt~ and identify the Lethal Yellow Disease infected covered palm trees that are beyond inocl~lation ana FEB 2 '. 200/ therefore must be removed ' / ' FISCAL IMPACT: There is no change in fiscal impact since the current Lethal Yellowing Ordinance (No. 2000-23) authorizes $20,000 expenditure fi.om General Fund (001) reserves for each fiscal year. Any expenditure above $20,000 must be authorized by the Board of County Commissioners. GROWTH MANAGEMENT IMPACT: There is no growth management impact. RECOMMENDATION: Staff recommends that the Board adopt the attached proposed Ordinance to amend Ordinance No. 2000-03, to facilitate the process of suppressing outbreaks of the lethal yellow by this proposed Ordinance. Date: Senior Extension Agent, University Extension REVIEWED BY: Director, University Extension Dme: 2/11/2004 REVIEWED BY: APPROVED BY: Michelle Arnold DirI ctor, Code Enforcement Jolu Adh Date: unnuck istrator ,Public Service Division No. ~r', ~,./ FEB 2 200/ ORDINANCE NO. 2004- AN ORDINANCE OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NO. 89-69, AS AMENDED, REGARDING INOCULATON OF COCONUT PALM TREES AGAINST LETHAL YELLOWING DISEASE; EXPANDING THE SCOPE OF THE ORDINANCE TO APPLY TO THE MALAYAN AND MAYPAN PALM COCONUT PALM TREES AND TO THE PHOENIX DATE PALM GROUP (DATE PALM AND CANARY ISLAND PALM) AND TO THE CHRISTMAS PALM; DELEGATING RESPONSIBILITIES TO CODE ENFORCEMENT; AUTHORIZING THE COUNTY TO TAKE REMEDIAL ACTIONS WITHOUT FIRST INSTRUCTING THE LAND OWNER TO TAKE SUCH ACTIONS; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING AN EFFECTIVE DATE. WHEREAS, Ordinance No. 89-69, as amended, established the Collier County Lethal Yellowing Disease Ordinance; and WHEREAS, the plant disease know as lethal yellowing affects over thirty (30) palm species and specifically attacks the coconut palm (Cocos nucifera) and the Phoenix date palm group (Date Palm and Canary Island) and to the Christmas Palm, thereby posing a continuous and dangerous threat to the existence of the coconut palm as a viable plant species; and WHEREAS, Lethal yellowing poses a threat of substantial damage to and loss of property, and as such, the threat thereof is considered an "emergency" as defmed in Chapter 252, Florida Statutes; and WHEREAS, the loss and destruction of the coconut palm would constitute an ecological disaster as well as an aesthetic and economic loss to the citizens and residents of Collier County; and WHEREAS, preventive injection of Coconut palms with antibiotics is the only known and recognized method of suppressing the Lethal Yellowing disease, and results in the remission or stopping of the Lethal Yellowing symptoms; and WHEREAS, the continues health of existing Coconut palms promotes the economic welfare and general prosperity of Collier County, and the welfare of the public would be best served by a mandatory injection and preservation program to treat and protect the Coconut palms currently existing within Collier County; and WHEREAS, Collier County has plenary power to abate public nuisances that affect the residents and citizens of Collier County, including abate the nuisance of lethal yellowing disease. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that Collier County Ordinance No. 89-69, as amended, is hereby further amended to read as follows: SECTION ONE: Title and Citation. This Ordinance shall be known and may be cited as the "Collier County Lethal Yellowing Disease Ordinance". SECTION TWO: Applicability. This Ordinance shall apply to and be enforced in all areas of Collier County except in each municipal corporation that has then adopted an Ordinance to control the Lethal Yellowing Disease by removal of trees and/other similar remedial measures. SECTION THREE: Definitions. The following words, phrases or terms as used in this Ordinance shall have the following meanings unless the context clearly indicates otherwise: A. PUBLIC NUISANCE: The treat of infection of Ce, cc, nut covered palm trees (Cocaz .... ,-~.~.~:c~r~ with a plant disease known as the Lethal Yellowing disease, is hereby declared to be a public nuisance. All species of Coconut covered palm trees infected with the Lethal Yellowing disease or any carrier of said disease are also hereby declared to be a public nuisance. B. COCONUT COVERED PALMS: Means all coconut palms trees of the species Cocos nucifera except for t~ogc treeg kno':.~ as Malayan or Maypan Coconut Palms and the Phoenix Date Palm Group (namely the Date Palm and the Canary Island Palm, and the Christmas Palm. C. EMERGENCY: Any occurrence or imminent threat thereof, whether natural or caused by man, which results in or may result in substantial damage to and/or loss of property. SECTION FOUR: Declaration of Lethal Yellowing Emergency. Pursuant to Chapter 252, Florida Statutes, which authorizes the waiver of procedures and formalities otherwise required of political subdivisions in order to take whatever prudent action is necessary to ensure the health, safety and welfare of the community in the event of a state of emergency, the Chairman of the Board of County Commissioners, or Vice-chairman in his absence, or the County Manager in the absence of the Chairman and Vice-chairman is hereby designated and empowered to declare a local state of emergency in the event the threat of the Lethal Yellowing disease is imminent and a quorum of the Board of County Commissioners is unable to meet. The determination that such an emergency exists in the case of Lethal Yellowing shall be made upon the recommendation of the Public Services Administrator or designee. 2 Words underlined are additions, words ....... :~r~',:§~ are deletions. SECTION FIVE: Extent of State Of Emergency. Upon declaration, the state of emergency from the Lethal Yellowing disease shall continue until a determination by the Public Services Administrator or designee (anticipated to be the Collier County University Extension) that the threat or danger no longer exists, a recommendation is made to terminate the state of emergency, and such termination is approved by the Board. The State of Emergency shall initially considered to be countywide. The areas in which mandatory inoculation is required shall be designated on the basis of the presence of trees infected by the Lethal Yellowing disease or the imminent threat of infection from Lethal Yellowing as determined by the Public Services Administrator or designee. The boundaries for the areas requiring mandatory inoculation shall be set by the Public Services Administrator or designee. The Public Services Administrator or designee shall remove geographic areas from the area of the State of Emergency ("suppression zone") upon determining that each such exempted geographic area is not then threatened by the Lethal Yellowing Disease and, if previously infected tree(s) existed in that area~ no new case of Lethal Yellowing Disease had occurred xvithin that geographic area at any time during the preceding two (2) years. SECTION SIX: Authorized Emergency Measures. In addition to any other powers conferred by law, by the Public Services Administrator or designee, the Chairman of the Board of County Commissioners or Vice-chairman in his absence, may order and promulgate all or any of the following emergency measures to be effective during the period of such declared emergency, and with such limitations and conditions as the~y may deem appropriate to protect against damage or loss of property by Lethal Yellowing: (1) Require the mandatory inoculation of alt czzo.~ut covered palm trees in all areas designated by the Public Services Administrator or designee for inoculation. (2) Require the removal of all trees infected by Lethal Yellowing, as determined by the Public Services Administrator or designee. (3) Utilize all available resources of the County government as reasonably necessary to cope xvith the emergency, including expenditures not to exceed Twenty Thousand Dollars ($20,000.00) in any fiscal year, for the survey of the existing zocor, ut and susceptible covered palm tree populatior~_, the inoculation of threatened County-owned Czzc, nut covered palms, the inoculation of threatened privately-owned czcc, nut covered palms in non-compliance with this Ordinance, and the removal of infected trees. ^~ r~ ............ a .......... a .... : ..... Words underlined are additions, words ........... ~, are deletions. No. ,,T (4) Collier County Code Enforcement shall be responsible for making property surveys to determine the location and number of covered palm trees that exist within the required inoculation zone area (a 100 yard radius from the base of each infected covered palm tree). Not later than thirty (30) days after being informed of a Lethal Yellowing Disease outbreak, Code Enforcement shall provide the survey list to the inoculator and to the Administrator or designee. {5) While in the field and on private property, the inoculator shall wear a shirt with safety vest with the words "Palm Inoculator" clearly displayed thereon and shall carry a letter written by the designee that explains the then current Lethal Yellowing Program. The inoculator shall promptly and in writing provide to Collier County Code Enforcement the street address of each lot or parcel of land inspected by that inoculator and the number and species of covered palms located in each such covered palm tree surveyed land area. L, ........ 1-, + ........... .4% ~ I; .... 4' ~.4~*~ ...... k ~ .....I~+; .... .4/ ..... ~,,~1 I,,, landowner. wT~ ~'..-*~:~ ,~ · ...... ~,:~. ~r ....... + ~ :., ...... , ^c~^n:~.~ -~c'o~*"' SECTION SEVEN: Designation of Areas of,MandatoD' Inoculation. SECTION SEVEN EIGHT: Unlawful Activities and Mandatory Inoculations. (a) Upon declaration of an emergency, it shall be unlawful for any owner of any parcel of land within Collier County and within an area designated for mandatory inoculation to keep or maintain any r,~w~_~, threatened covered palm ,,ak^,._.~.v~, r-~--~--~,-'~:~ that is not inoculated ............................. ~ .... as appm-ved required by the Public Services Administrator or designee pursuant to this Ordinance. 4 Words underlined are additions, words s:ruck tF:oug!: are deletions. Agen~a~ No. ~ I~ FEB 2 ZOO( pg. ~, _ awn. er ef any such properly or parcel cf !-.md to ~' .... hl-.."ldred to one h"-ndrcd twenty ~!99 129) days frc~ *~c last inoculation, provided proof of that inoculation :s gr.'on to ................................ public SECTION ND.~E: Public Notice; h> .....~.~.4~., ,~ -~ a public .......... a ,~.,~ .... general -: .... '~':~ OF COCO>PdT PALMS ....................... palm ..... aces located ~" ,T.~;. ~, or p .... ~ ^c~.-,a 'T~.:.; ..... ~ ................ desk.noted or approved k,, · ~_ ~.~.,r ~r ~-5, p-~p~>. ~d using Adm2r2s~atcr acting ................... dc:i~ce .............. d !g E ' ~ ....... palm .... · ............ g ~ P ~. .,,~ ..~11~+;~ ~C +k;~ ~+1~ t~ mate ~c ,~ P ........................ ~inccu!aticn prc~n "~d -:.'hc:e most recent proof is p Ccccnut palms, tSe c~er cf thc p~ccl cf inoculate .... 1.~ isisn for S Words underlined ~e additions, words struck thraugh are deletions. {' Age n ~i,~ I/l~m .o. FEB-2 200t Lethal Yel!c',','~n~ di=ea=e. Public Services Administratcr cr designee. Affidavit cf Comp!lc. ncc ~'l II) TI-lCD A ~'121 ^'kIT SAYETH NOT. SWOP. N TO P~X!D SUESCPJEED EEFOP. E ME tFJs of ,20__ 6 Words .underlined are additions, words struck thrcugh are deletions. I' a gen,,~) ~.,~m NO.W' .~- FEB 2) 200 Pg., ~ .......................... pa!m~ Admini~trat0r or designee of that contracter. provisions of Section Twelve ......................... ev,m:ng .... cr parcels ...................... substantially the fallo-:Ang NOTICE TO: 7 Words underlined are additions, words stru ......... ~,.. are deletions. TO: ADDP~SS: property-~- .... 4 ....a._4 ........ ~;~ ~ ...... , effect abatement. 8 Words underlined are additions, words :tm.ak through are deletions. NOTICE TO: ADDP. ESS: PROPERTY: notice *~ a~vc (c) If thc c;;T, er c~:t ........... ~' assessment within ........... , ................ j .......................C~'.lse a ........... F.,, .................. pr0pe?.y taxes. ....... / ................ .~ .................. proceedings: ........ ~-~q..:,y ,~ c .... ~ ....k~ attcmey's fees. SECTION CTCT~CX~. vein,,^ u~--: .... ^ ......... hearing ..................................... :f an)', ..,u.. ~e expense= 9 Words underlined are additions, words sa"ac ..... rm:~:, are deletions. Agendas "°'= FEB 2 ~ 200~ ! ..... ,k^,,,,~ ........ ; ..... a lien against ~;~ property; however, noth:ng ~-*~:-~,~ iii .... k expensc.s .......................... ' by that Board. SECTION SIXTEEN: Sen'ice of Notice. ..................................................................................... postal r ............... , cr~ post:nga.~ ...................... v ...... r ..... ~-, P P Y SECTION N~E SEVENTEEN: Penalties. 10 Words underlined are additions, words ....... through are deletions. ' Agenda Ibem ~ No.~_~ FEB 2 4 200~, i (a) If any person fails or refuses to obey or comply with, or violate any of the provisions of this Ordinance, such person, upon a finding of such violation, shall be punished by a fine not to exceed Five Hundred Dollars ($500.00) for each violation. Each violation or non-compliance may be considered a separate and distinct offense. Further, each day of continued violation or non-compliance may be considered as a separate offense. (b) Nothing herein contained shall prevent or restrict the County from taking such other lawful action in any court of competent jurisdiction as is necessary to prevent or remedy any violation or non-compliance. Such other lawful actions shall include, but shall not be limited to, an equitable action for injunctive relief or an action at law for damages. (c) Further, nothing in this Ordinance shall be construed to prohibit the County from prosecuting any violation of this Ordinance by means of a Code Enforcement Board established pursuant to the authority of Chapter 162, Florida Statutes. (d) All remedies and penalties provided for in this Section shall be cumulative and independently available to the County and the County shall be authorized to pursue any and all remedies set forth in this Section to the full extent then allowed by law. SECTION TEN. INCLUSION IN THE CODE OF LAWS AND ORDINANCES. The provisions of this Ordinance shall become and be made a part of the Code of Laws and Ordinance of Collier County, Florida. The sections of the Ordinance may be renumbered or re-lettered to accomplish such, and the word "ordinance" may be changed to "section," "article," or any other appropriate word. SECTION ELEVEN: CONFLICT AND SEVERABILITY. In the event this Ordinance conflicts with any other ordinance of Collier County or other applicable law, the more restrictive shall apply. If any phrase or portion of this Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not effect the validity of the remaining portion. SECTION TWELVE. EFFECTIVE DATE. This Ordinance shall become effective upon receipts of notice from the Secretary of State that this Ordinance has been filed with the Secretary of State. str.'- ......... ~. are deletions. Words underlined are additions, words '~' *~' ..... ~' ' PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this __ day of ., 2004. ATTEST: DWIGHT E BROCK, Clerk BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: By: Deputy Clerk DONNA FIALA, Chairman Approved as to form and legal sufficiency: Thomas C. Palmer Assistant County Attorney 12 Words underlh~ed are additions, words :tr',:ck t!:rcugk are deletions. No. FEB Pg- EXECUTIVE SUMMARY AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY PROVIDING FOR: SECTION ONE, RECITALS; SECTION TWO, FINDINGS OF FACT; SECTION THREE, ADOPTION OF AMENDMENTS TO THE LAND DEVELOPMENT CODE, MORE SPECIFICALLY AMENDING THE FOLLOWING: ARTICLE 3, DIVISION 3.13, INCLUDING REVISIONS TO COASTAL CONSTRUCTION SETBACK LINE VARIANCE; SECTION FOUR, CONFLICT AND SEVERABILITY; SECTION FIVE, INCLUSION IN THE COLLIER COUNTY LAND DEVELOPMENT CODE; AND SECTION SIX, EFFECTIVE DATE. OBJECTIVE: To amend the provisions of the Collier County Land Development Code (LDC) to serve the best interest of the public. CONSIDERATIONS: This is the second of two public heatings required by Statute and the LDC for amendments to the Collier County Land Development Code. This amendment was presented to, and reviewed by, the Development Services Advisory Committee, the Environmental Advisory Committee, and will be reviewed on February 19, 2004 by the Collier County Planning Commission. Recommendations of each of these bodies are included in the summary description of the LDC amendment along with any advisory body's proposed revisions to the staff recommended changes. The Planning Commission will determine consistency with the Comprehensive plan as part of its public hearing on February 19, 2004. A summary of the review of this amendment by these entities is provided with this Executive Summary on the first page of this document. Please note that the only change to this Amendment is the addition of language to address beach re-nourishment and the fees associated with that process. This addition appears in sub-section 3.13.8.3. on the seventh page of the attached Amendment proposal. No other additions, deletions, or changes are being proposed. FISCAL IMPACT:. As noted on the amendment in the attached handout. GROWTH MANAGEMENT IMPACT: The proposed amendment to the Land Development Code is consistent with Policies, Objectives and Elements of the GMP. PLANNING SERVICES STAFF RECOMMENDATION: ~ · . ;Pagelof2 That the Board of County Commissioners review the proposed amendment to the Development Code and approve as submitted, in accordance with the attached Ordinance. Land PREPARED BY: RUSSELL WEBB, PRINCIPAL PLANNER DEPARTMENT OF ZONING & LAND DEVELOPMENT REVIEW DATE REVIEWED BY: DEPARTMENT OF ZONING & LAND DEVELOPMENT REVIEW DATE APPROVED BY =/,,/o,' DATE G:\Current\TEMPLATES'~ExSum template draft.doc Page 2 of 2 AC~.N~A ITEM ---~ ORIGIN: Community Development and Environmental Services Division AUTHOR: Barbara Burgeson DEPARTMENT: Environmental Services AMENDMENT CYCLE # OR DATE: Cycle 3, 2003 LDC PAGE: LDC3:156-158.2 LDC SECTION: Division 3.13 Coastal Construction Setback Line Variance LDC SUPPLEMENT #: Supplement 1, Supplement 15 CHANGE: Staff, based on earlier guidance of the Board, prepared an amendment to prohibit construction seaward of the Coastal Construction Control Line, with listed minor exceptions. The Board, after hearing mounting opposition to the proposed amendment from the hotel industry and beach front property owners at the January 7, 2004 LDC Hearing, directed staff to withdraw the amendment from this LDC amendment cycle. The original amendment included needed administrative changes to streamline the approval process for county funded beach re-nourishment projects by allowing by permit instead of by variance (section 3.13.8.3). REASON: Rather than waiting for a future amendment cycle, staff is seeking to re- introduce the proposed improvements to the CCSL variance process to facilitate the permitting and approval process for the scheduled and funded major beach re- nourishment project later this year. FISCAL & OPERATIONAL IMPACTS: The proposed amendment will eliminate the requirement for the county to apply for a CCSL variance for beach nourishment or maintenance dredging by authorizing such projects through a permitting process. This ordinance creates a fee for Beach Nourishment or maintenance dredging, 3.13.8.3. Until such time that the fee schedule can be amended, the fees shall be $400.00 for this permit. Since the current variance fee is $1000, this is a reduction in fee of $600 and additional savings from the reduction in costs associated with the less complex submittal requirements for permits. The time for issuing a permit will be approximately 60-90 days less than for issuing a variance thus additional associated time/savings. RELATED CODES OR REGULATIONS: LDC 2.2.38, GMP CCME Policy 10.4.7 GROWTH MANAGEMENT PLAN IMPACT: None. Supports CCME Policy 10.4.7 and CCME 10.4.8 which states that: "Construction seaward of the Coastal Construction Control Line will be allowed for public access and protection and restoration of beach resources." Page I of 8 FEB 2 200 Amend the LDC as follows: Sec. 3.13.1. Title and citation. This division shall be known and may be cited as the "Collier County Coastal Construction Setback Line Variance Regulations." Sec. 3.13.2. Establishment of setback lines. The coastal construction setback line shall be that coastal construction setback line established by the department of natural resources of the State of Florida pursuant to F.S. {} 161.053 and recorded in Coastal Setback Line Book 1, pages 1 through 12 inclusive, recorded October 31, 1974, as Clerk's Instrument No. 365665 of the public records of Collier County, Florida. Sec. 3.13.3. Review and change of setback lines. Setback lines established under this Code shall be reviewed upon petition of affected riparian upland owners. The board of county commissioners of Collier County shall decide, after due public notice and hearing, whether a change in the setback line is justified, and shall notify the petitioner in writing. The present setback lines are presumed to be correct, and no change in setback lines are presumed to be correct, and no change in setback lines shall be made except upon an affirmative showing by petitioner that any construction line established hereunder is a minimum of 150 feet landward of the mean high-water line or 75 feet landward of the vegetation line whichever is greater; and that considering ground elevations in relation to historical storm and hurricane tides, predicted maximum wave uprush, beach and offshore ground contours, the vegetation line, erosion trends, the dune or bluff line, if any exist, and existing upland development, that the general public health and welfare are preserved, upland properties protected, and beach and sand dune erosion controlled. Sec. 3.13.4. Prohibited activities seaward of setback lines. It shall be unlawful for any person, firm, corporation, or agency, public or private, to construct, reconstruct, or change existing structures, make any excavation, remove any beach material or otherwise alter existing ground elevations, drive any vehicle on, over or across any sand dune, or damage or cause to be damaged any sand dune, or the vegetation growing thereon and/or seaward of said dune, seaward of the coastal construction setback line, except as hereinafter provided. Sec. 3.13.5. Variances. 3.13.5.1. If in the immediate contiguous or adjacent area a "number of existing structures" have established a reasonably continuous and uniform cons! Page 2 of 8 uctiofic'ra~ ~'~ I FEB 2 2001} line closer to the line of mean high water than the line as herein established, and if said existing structures have not been unduly affected by erosion, a proposed structure may be permitted along such line if such proposed structure is also approved by the board of county commissioners. 3.13.5.2. The board of county commissioners may authorize the construction of pipelines or piers extending outward from the shoreline, unless it determines that the construction of such projects would cause erosion of the beach in the area of such structures. 3.13.5.3. Certain activities that may temporarily alter ground elevations such as artificial beach nourishment projects, excavation or maintenance dredging of inlet channels may be permitted seaward of the coastal construction setback line if said activity is in compliance with the Collier County growth management plan, conservation and coastal management element, and also approved by the board of county commissioners. Sec. 3.13.6. Procedures for obtaining variance. 3.13.6.1. A written petition requesting a variance from the established setback line shall be filed with the board of county commissioners or their designee. The petition shall set forth: A description of petitioner's property to include the information requested on a current Collier County request for a coastal construction setback line variance form; A description of the established setback line and the line which petitioner wishes to be varied; .and o The justification upon which the petitioner relies for the granting of the variance, to include compliance with the Collier County growth management plan, conservation and coastal management element. 3.13.6.2. Notice and public hearing for coastal construction setback line variances. An application for coastal construction setback line (CCSL) variance shall be considered by the board of county commissioners pursuant to the following public notice and hearing requirements. The applicant shall post a sign at least 45 days prior to the date of the public hearing by the board of county commissioners. The sign shall contain substantially the following language and the sign copy shall utilize the total area of the sign: PUBLIC HEARING REQUESTING CCSL VARIANCE APPROVAL (both to contain the folll Page 3 of 8 FEB 2 200q .5' information:) TO PERMIT: (Sufficiently clear to describe the type of variance requested). DATE: TIME: TO BE HELD IN BOARD OF COUNTY COMMISSIONERS MEETING ROOM, COLLIER COUNTY GOVERNMENT CENTER. 2. The area of a property sign shall be as follows: o For a property less than one acre in size, the sign shall measure at least one and one-half square feet in area. b. For a property one acre or more in size, the sign shall measure at least 32 square feet in area. In the case of a sign located on a property less than one acre in size, such sign shall be erected by the development services director in full view of the public on each street side of the subject property and on the side of the property visible from the beach. Where the property for which approval is sought is landlocked or for some other reason a sign cannot be posted directly on the subject property, then the sign shall be erected along the nearest street right-of-way, with an attached notation indicating generally the distance and direction to the subject property. In the case of sign(s) located on a property one acre or more in size, the applicant shall be responsible for erecting the required sign(s). The sign(s) shall be erected in full view of the public on each street upon which the subject property has frontage and on the side of the property visible from the beach. Where the subject property is landlocked, or for some other reason the sign(s) cannot be posted directly on the property, then the sign(s) shall be erected along the nearest street right-of-way, with an attached notation indicating generally the distance and direction to the subject property. There shall be at least one sign on each external boundary which fronts upon a street, however, in the case of external boundaries along a street with greater frontages than 1,320 linear feet, signs shall be placed equidistant from one another with a maximum spacing of 1,000 linear feet, except that in no case shall the number of signs along an exterior boundary fronting on a street exceed four signs. The applicant shall provide evidence to the planning services depar that the sign(s) were erected by furnishing photographs of the sign( Page 4 of 8 merit FEB 2 q 200q ~. ~' ... o showing the date of their erection at least ten days prior to the scheduled public hearing by the board of county commissioners. The sign(s) shall remain in place until the date of either of the following occurrences: 1. Final action is taken by the board of county commissioners or 2. The receipt of a written request by the planning services department director from the applicant to either withdraw or continue the petition indefinitely. Notice of the time and place of the public hearing by the board of county commissioners shall be advertised in a newspaper of general circulation in the county at least one time and at least 15 days prior to the public hearing. Where applicable, the notice shall clearly describe the proposed variance. The advertisement shall also include a location map that identifies the approximate geographic location of the subject property. 3.13.6.3. o The board of county commissioners shall hold one advertised public hearing on the proposed variance and may, upon the conclusion of the hearing, immediately adopt the resolution approving the variance. The board of county commissioners shall notify petitioner in writing of its decision within 15 days of the public hearing. 3.13.6.4. Any person aggrieved by a decision of the board of county commissioners granting or denying a variance may apply to the circuit court of the circuit in which the property is located for judicial relief within 30 days after rendition of the decision by the board of county commissioners. Review in the circuit court shall be by petition for a writ of certiorari and shall be governed by the Florida Appellate Rules. (Ord. No. 03-01, § 3.I.) Sec. 3.13.7. Exemptions. Exemptions shall be reviewed administratively for compliance with applicable county codes, and shall not be heard by the board of county commissioners. Exemptions to section 3.13.4 shall include: 3.13.7.1. 3.13.7.2. 3.13.7.3. The removal of any plant defined as exotic vegetation by county code. Any modification, maintenance, or repair, to any existing structure within limits of the existing foundation or footprint, which does not require, involve, or include any additions to, or repair or modifications of, the existing foundation of that structure, except those modifications required by code, excluding additions or enclosure added, constructed, or installed below the first dwelling floor or lowest deck of the existing structure. Any structures, that: 1) do not constitute fixed structure(s), 2) do not re Page 5 of 8 rare ~A ~ FEB 2 200q building permit, 3) weigh less than 100 pounds, and 4) upon review by the planning services director or his designees, is determined to not present an actual or potential threat to the beach and the dune system and adjacent properties are exempt from the variance requirements of this division. This exemption shall not be effective during sea turtle nesting season (May 1-- October 31) unless the structures are removed daily from the beach prior to 9:30 p.m. and are not moved onto, or placed on, the beach before completion of monitoring conducted by personnel with prior experience and training in nest surveys procedures and possessing a valid Fish and Wildlife Conservation Commission Marine Turtle Permit (daily sea turtle monitoring), or unless the beach furniture is being actively used or attended during the period of time from 9:30 pm until the next day's monitoring. Exemptions allowed under this provision are not intended to authorize any violation of F.S. § 370.12, or any of the provisions of the Endangered Species Act of 1973, as it may be amended. (Ord. No. 92-73, § 2; Ord. No. 93-89, § 3; Ord. No. 94-27, § 3; Ord. No. 01- 34, § 3.J.) Sec. 3.13.8. Permits. The following activities seaward of the coastal construction setback line shall not require a hearing by the board of county commissioners, but shall require a coastal construction setback line permit. Such permit shall be reviewed and approved administratively by site development review environmental staff. The appropriate fee as set by county resolution shall be submitted with permit application. 3.13.8.1. Construction of a dune walkover when a Florida Department of Environmental Protection (FDEP) permit has been obtained and the following criteria have been met. ~.13.8.1.1. A maximum width of six feet. 3.13.8.1.2. A minimum separation of 200 feet between walkovers when two or more walkovers are proposed on a single parcel. 3.13.8.2. Creation, restoration, re-vegetation or repair of the dune or other natural area seaward of the CCSL on an individual parcel of land, when a Florida Department of Environmental Protection (FDEP) permit has been obtained and the following criteria have been met. 3.13.8.2.1. Sand used must be compatible in color and grain size to existing sand subject to FDEP requirements. 3.13.8.2.2. Plants utilized shall be 100 percent native coastal species. Page 6 of 8 FEB 2 ti 200 3.13.8.3. 3.13.8.2.3. Restoration plans shall be designed by an individual with expertise in the area of environmental sciences, natural resource management or landscape architecture. Academic credentials shall be a bachelors or higher degree. Professional experience may be substituted for academic credentials on a year for year basis, provided at least two years professional experience are in the State of Florida. (Ord. No. 94-58, § 3; Ord. No. 02-31, § 3.I.) Beach Nourishment or maintenance dredging. Certain activities that may temporarily alter ground elevations such as artificial beach nourishment projects, excavation or maintenance dredging of inlet channels may be permitted seaward of the coastal construction setback line if said activity is in compliance with the Collier County Growth Management Plan and receives Federal and State agency approvals. Until such time as the fee schedule can be amended, the fee shall be $400.00 for these Beach Nourishment permits. Sec. 3.13.9. Penalty and civil remedies. 3.13.9.1. Penalty. A violation of any provision of this Code is a misdemeanor and shall be prosecuted in the name of the state in the county court by the prosecuting attorney, and upon conviction shall be punished by a fine not to exceed $500.00 or imprisonment in the county jail not to exceed 60 days, or by both such fine and imprisonment. Each violation and each day a violation continues shall constitute a separate offense. The board of county commissioners shall have the power to collaterally enforce the provisions of this Code by appropriate judicial writ or proceeding notwithstanding any prosecution as misdemeanor. 3.13.9.2. Civil remedies. In addition tb or in lieu of the penalties provided by general law for the violation of ordinances, the board of county commissioners may bring injunctive action to enjoin the construction or compel the removal of structures constructed in violation of this Code. 3.13.9.3 Penalty for a violation of subsection 3.13. 7. 3. Notwithstanding the penalties set forth elsewhere in this Code, the following violations of subsection 3.13.7.3, which occur during sea turtle nesting season: A) 1) Setting up of any structures as defined in 3.13.7.3, prior to daily sea turtle monitoring, 2) failing to remove all structures from the beach by 9:30 p.m., or 3) failing to have lights, so required, turned off by 9:00 pm., are subject to the following penalties: First violation: Up to $1,000.00 fine. Page 7 of 8 FEB 2 200q Second violation: $2,500.00 fine. Third or more violation: $5,000.00 fine. B) Beach front property owners who leave beach furniture unattended on the beach between 9:30 pm and the time of the next day's sea turtle monitoring, are subject to the following penalties: First violatiOn: Written notice of ordinance violation. Second violation: Up to $1,000.00 fine. Third or mare violation: $2,500.00 fine. More than three violations: $5,000.00 fine. (Ord. No. 94-58, § 3; Ord. No. 01-34, § 3.J. Sec. 3.13.10. Severance. 3.13.10.1. Severance. If any phrase or portion of this division is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion. (Ord. No. 94-58, § 3) Page 8 of 8 FEB 2 q 200q ORDINANCE NO. 04- AN ORDINANCE AMENDING ORDINANCE NIIMllER 91-102, AS AMENI)ED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WttlCH INCLUDES TIlE COMPREHENSIVE REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY PROVIDING FOR: SECTION ONE, RECITALS; SECTION TWO, FINDINGS OF FACT; SECTION THREE; ADOPTION OF AMENDMENTS TO TILE. LAND DEVELOPMENT CODE, MORE SPECIFICALLY AMENDING THE FOLLOWING: ARTICLE 3, DIVISION 3.13, INCLUDING REVISIONS TO COASTAL CONSTRUCTION SETBACK LINE VARIANCE; SECTION FOUR, CONFLICT AND SEVERABILITY; SECTION FIVE, INCLUSION 1N THE COLLIER COUNTY LAND DEVELOPMENT CODE; AND SECTION SIX, EFFECTIVE DATE. WHEREAS, on October 30, 1991, the Collier County Board of County Commissioners adopted Ordinance No. 91-102, the Collier County Land Development Code (hereina£ter LDC), which has been subsequently amended; and WHEREAS, the LDC may not be amended more than two tiines in each calendar year unless additional amendment cycles are approved by the Collier County Board or' County Commissioners pursuant to Section t. 19.1., LDC: and WHEREAS, this is the third amendment to the LDC, Ordinance 91-102, for the calendar year 2003; and WHEREAS, on March 18, 1997, the Board of County Conunissioners adopted Resolution 97-177 establishing local requirements and procedures amending the LDC; and WHEREAS, all requirements ,~f Resolution 97-177 have been met; and WHEREAS, the Board of County Commissioners, in o/manner prescribed by law, did hold advertised public hearings on February I 1, 2004 and February 24, 2004. and did take action concerning this amendmeut to the LDC; and WI-II~REAS, the subject amendments to thc LDC are hereby determined by this Board to be consistent with and to implement the Collier County Growth Management Plan'as required by Subsections 163.3194 (1) and 163.3202 (1), Florida Statutes: and WHEREAS, all applicable substantive and procedural requirements the law have been met. NOW, TIIEREFORE BE IT ORDAINED by Ibc Board o1' County Commissioners ol' Collier County, Florida, that: Page I or'5 Words st:'ucl: tl::'aug5 are deleted, words underlined are added AGEND~EM No. ¥t,2~ _ FEB 2 SECTION ONE: RECITALS The lbregoing recitals are true and correct and incorporated by reference herein as if fully set fbrth. SECTION TWO: FINDINGS OF FACT The Board of County Commissioners of Collier Couuty, Florida, hereby makes the following findings of fact: 1. Collier County, pursuant to Sec. 163.3161, et se_~q., Fla. Stat., the Florida Local 'Government Comprehensive Planning and Land Development Regulations Aci (hereinafter the "Act"), is required to prepare and adopt a Comprehensive Plan. 2. After adoption of the Comprehensive Plan, the Act and in particular Sec. 163-3202(1). Fla. Stat., mandates that Collier County adopt land development regulations that are consistent with and implement the adopted comprehensive plan. 3. Sec. 163.3201, Fla. Stat., provides that it is tbe intent of the Act that the adoption and enforcement by Collier County of land development regulations tin- the total unincorporated area shall be based on; be related to, and be a means of implementation for, the adopted Comprehensive Plan as required by the Act. 4. Sec. 163.3194(1)(b), Fla. Stat., requires that all land development regulations enacted or amended by Collier County be consistent with the adopted Comprehensive Plan, or element or portion thereof, and any land development regulations existing at the time of adoption which arc ;lot consistent with the adopted Comprehensive Plan, or clement or portion thereot; shall be amended so as to be consistent. 5. Sec. 163.3202(3), Fla. Stat., states that the Act shall be construed to encourage the use of innovative land development regulations. 6. On January 10, 1989, Collier County adopted the Collier County Growth Management Plan (hereinafter the "Growth Management Plan" or "GM P") as its Comprehensive Plan pursuant to the requirements of Sec. 1634.3t6l el .yet_l. Fla. Stat., and Rule 9J-5, F.A.C. 7. Sec. 163.3194(1 )(a), Fla. Stat., mandates that after a Comprehensive Plan, or element or portion thereof, has been adopted in confo'rmity with the Act, all development undertaken by, and all actions taken in regard to development orders by, governmental agencies in regard to land covered by such Comprehensive Plan or element or portion thereof shall be consistent with such Comprehensive Plan or element or portion thereof. 8. I~ursuant to Sec. 163.3194(3)(a), Fla. Stat., a devclopmenl order or land development regulation shall be consistent with the Comprehensive Plan il' the land uses, densities or intensities, in the Comprehensive Plan and if it meets all other criteria enumerated by the local government. O, Section 163.3194(3)(b), Fla. Stat., requires that a development approved m' undertaken by a local government shall be consistcnl with thc Comprehensive Plan if the land uses. densities or intensities, capacity or size. o~iectives, policies, land uses, densities or intensities in the Comprehensive Plan and if it meets all other criteria enmnerated by the local government .........&O~ND&-~E~i o,-s FEB 2 q Words s=ruck ll:raug~ are deleted, words underlined are added 10. On October 30, 1991, Collier County adopted the Collier County Land Development Code, which became eflixctive on November 13, 1991 and may be amended twice annually. Il. Collier County finds that the Land Development Code is intended and necessary to preserve and enhance the present advantages that exist in Collier County; encourage the most appropriate use of land, water and resources, consistent with the public interest; overcome present handicaps; and deal effectively with futttre problems that may result from the use and development of land within the total tmincorporated are of Collier County and it is intended that this Land Development Code preserve, promote, protect, and improve the public health, safety, comfort, good order, appearance, convenience, and general welfare of Collier County; prevent the overcrowding of land and avoid the undue concentration of population; facilitate the adequate and efficient provision of transportation, water, sewerage, schools, parks, recreational facilities, housing, and other requirements and services, conserve, develop, utilize, and protect natural resources within the jurisdiction of Collier County; and protect human, environmental, social, and economic resources; and maintain through orderly growth and development, the character and stability of present and future land uses and development in Collier County. 12. It is the intent of the Board of Cotmty Commissioners of Collier County to implement the Land Development Code in accordance with the provisions of the Collier County Comprehensive Plan, Chapter 125, Fla. Stat., and Chapter 163, Fla. Stat., and through these amendments to the Code. SECTION THREE: ADOPTION OF AMENDMENTS TO DIVISION 3.13. COASTAL CONSTRUCTION SETBACK LINE VARIANCE OF THE LAND DEVELOPMENT CODE Division 3.13., Coastal Construction Setback Line Variance, of Ordinance 91-102, as amended, the Collier County Land Development Code, is hereby amended to read as follows: Sec. 3.13.8, Permits. The following activities seaward of the coastal conslruction setback linc shall not require a hearing by the board or' county commissioners, but shall require a coastal construction setback line permit. Such permit shall be reviewed and approved administratively by site development review enviromnental staff. The appropriate fee as set by county resolution shall be submitted with permit application. 3.13.8.3. Beach nourishme,~t or m-'fiutenance dredging. Certain activities that may temporarily alter ground elevations such as artificial beach nourishment proiects, excavation or maintenance dredging of inlet channels may be perntilted seaward of tile coastal construction setback line if said activity i~liance with the Collier Cotmt¥ Growth Management Plan and receives Federal and State agenc~pprovals. Until such time as the fee schedule can be amended the fee shall be $400.00 for these Beach Nourishment permits. Sec. 3.13.9. Pemdty and civil remedies. Words thro~ are deleted, words underlined are added . 3.13.9.3.I: PenaltyJ'or a violation of subsection 3.13.7.3. Notwithstanding the penalties set forth elsewhere in this Code, the following violations of subsection 3.13.7.3, which occur during sea nirtle nesting season: B) Beach front property owners who leave beach furniture unattended on the beach between 9:30 pm and the time or' the next day's sea turtle monitoring, are subject to the following penalties: Fh'sl violation: Written notice of ordinance violation. Second violation: Lip to $1,000.00 fine. Third o~;~o:'c violation: $2,500.00 fine. More than three violations: $5,[)00.00 fi~le. SECTION FOUR: CONFLICT AND SEVERABILITY In the event this Ordinance conflicts with any other Ordinance of Collier County or other applicable law, the more restrictive shall apply. If any phrase or portion of this Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not atTect the validity of the remaining portion. SECTION FIVE: INCLUSION IN THE COLLIER COUNTY LAND DEVELOPMENT CODE The provisions of this Ordinance shall becotne and be made a part of the Land Development Code of Collier County, Florida. The sections of the Ordinance may be renumbered or mlettered to accomplish such, and the word "ordinance" may be changed to "section", "article", or any other appropriate word. SECTION SIX: EFFECTIVE DATES This Ordinance shall become effective upon filing with the Department of State. Page 4 of 5 / ~ , , ' pg. ~ Words strucl; tarcuga are deleted, words underlined are adde PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, tl~is ~ day of ,2004. ATTEST: DWIGHT E. BROCK, cLERK BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By:_ Deputy Clerk By: DONNA FIALA, CttAIRMAN Approved as to form and k~!'~.81, su ffi qi~ ncy: Assistant County Attorney I FE3 Page 5 of 5 Words s~ are deleted, words underlined are addedl p~. EXECUTIVE SUMMARY PUBLIC HEARING TO CONSIDER ADOPTION OF AN ORDINANCE OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NUMBER 99-38, THE COLLIER COUNTY MAXIMUM FEES FOR NON-CONSENT TOWING AND STORAGE OF VEHICLES ORDINANCE; AMENDING SECTION FOUR TO CLARIFY THAT VEHICLE TOWING COMPANIES, WHEN ENGAGED IN NON- CONSENT TOWING OR NON-CONSENT STORAGE, SHALL NOT CHARGE ANY ADMINISTRATIVE CHARGE OR FEE UNLESS THE TOWING COMPANY ACTUALLY INCURS SUCH COST AS A DIRECT EXPENSE AND PAYS THAT EXPENSE; AMENDING SECTION SIX REGARDING THE COUNTY'S WRECKER OPERATOR SYSTEM AND CLARIFYING PENALTY PROVISIONS OBJECTIVE: To have the Board adopt the attached proposed Ordinance to amend the "Collier County Maximum Fees for Non-consent Towing and Non- consent Storage of Vehicles Ordinance" as recommended by the Sheriff's Agency, the County Attorney~the Sheriff's Legal Counsel, Danny Schryver. CONSIDERATIONS: These amendments are to accomplish three (3) objectives.: 1. Subsection 126.69(1), Florida Statutes, reads: "Violations of county ordinances shall be prosecuted in the same manner as misdemeanors are prosecuted." The proposed Ordinance is to affirm that, in accordance with that subsection 125.69(1), violations of this Ordinance, when prosecuted in a court of law, are to be prosecuted in the same manner (procedurally) as misdemeanors are prosecuted, irrespective of whether the alleged violation is or is not a misdemeanor. The proposed Ordinance continues to specify that incarceration shall not be a possible penalty for any violation of the Ordinance, and that, therefore, all proceedings to enforce this Ordinance, irrespective of the selected forum, including a court'of law, shall be civil- not criminal - proceedings. Section 323.002, Florida Statutes, specifies that incarceration is a possible punishment if an individual is convicted of committing specified acts in Collier County because Collier County has adopted a Vehicle Towing Ordinance. The prosecuting party can eleCt to prosecute the alleged violation either as a violation of the Ordinance or as a violation of the Statute. Collier County's Ordinance cannot affect a~6y aspect of Section 323.002, Florida Statutes, including incarceration as a posSible penalty for violating that Statute as distinguished from violating the Ordinance. 2. This Ordinance is proposed to be amended to clarify that the Collier County Sheriff's Office is authorized to continue to administer Collier County's "Wrecker Operator System." A judicial deci~ ...."O.A~J~"(E~IV'~ I) -r:.[,rpnse FEB 2 Pi[. AGENDA ITEM~ ~' NO,', - Beach Sheriffat al, 299 F.3d 1261 (July 21,2002), decided that crimes specified in Section 323.002, Florida Statutes, (including so-called "wreck chasing") could not be enforced in Palm Beach County because the Palm Beach County Board of County Commissioners did not adequately specify that Palm Beach County's '~Vrecker Operator System" was to be operated and administered by the Palm Beach County Sheriff's Office. Although staff believes that Collier County's current Ordinance is sufficient with regard to this issue, staff proposes to proactively amend the Ordinance to discourage assertions to the contrary. 3. Some vehicle towing companies that are subject to this Ordinance may be charging unauthorized fees or charges. This Ordinance is proposed to be amended to clarify that in the context of non-consent towing and non-consent storage, towing companies shall charge an "administrative charge" only as follows: If the vehicle has not been stored for thirty (30) hours or more, the administrative charge shall not exceed the direct administrative costs actually paid by the towing company to third parties. If the towed vehicle is stored for thirty (30) hours or more, the towing company can charge an additional administrative charge not to exceed thirty ($30) dollars. Other amendments clarify that towing companies shall not charge for mileage traveled out to the location of the vehicle to be towed except when the vehicle anticipated to be towed is not towed by the responding towing company. FISCAL IMPACT: These proposed amendments have no fiscal impact. GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with any of the proposed amendments to this Ordinance. RECOMMENDATION: The Collier County Sheriff's Office recommends, and the Sheriff's Legal Counsel and the County Attorney concur, that the Board adopt the attached Ordinance to amend the Collier County's Maximum Fees for Non- consent Towing and Non-consent Storage of Vehicles Ordinance. PREPARED BY: APPROVED BY: ThOmas- ~. Assistant County Attorney david C. WeigelTCountC)Attorney Date: .... NO. 'd L) FEB 2 ~ 2004 pg. c'~ ORDINANCE NO. 2004 . AN ORDINANCE OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NUMBER 99-38, THE COLLIER COUNTY MAXIM1JM FEES FOR NON-CONSENT TOWING AND STORAGE OF VEHICLES ORDINANCE; AMENDING SECTION FOUR TO CLARIFY THAT VEHICLE TOWING COMPANIES, WHEN ENGAGED IN NON-CONSENT TOWING OR NON-CONSENT STORAGE, SHALL NOT CHARGE ANY, ADMINISTRATIVE CHARGE OR FEE UNLESS THE TOWING COMPANY ACTUALLY INCURS SUCH COST AS A DIRECT EXPENSE AND PAYS THAT EXPENSE; AMENDING SECTION SIX REGARDING THE COUNTY'S WRECKER OPERATOR SYSTEM AND CLARIFYING PENALTY PROVISIONS; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION INTO THE CODE OF LAWS AND ORDINANCES; PROVIDING AN EFFECTIVE DATE WHEREAS, this Ordinance applies only to non-consent towing and non-consent storage pursuant to the Sheriff's rotation schedule; and WHEREAS, this Ordinahce affirms that Collier County, by and through the Collier County SheriWs Agency, since 1999 has been authorized and continues to be authorized to continue to operate and administer a "Wrecker Operator System" as defined in Subsection 323.002(1)(c), Florida Statutes, and WHEREAS, Subsection 125.69(1), Florida Statutes, provides that when violations of county ordinances are prosecuted by the prosecuting auorney in the name of the State, such violations are to be prosecuted procedurally as misdemeanors are prosecuted; and WHEREAS, Section 775.083, Florida Statutes, specifies that an individual who has been convicted of a non-criminal violation of a county ordinance shall not be incarcerated, and that incarceration is an authorized penalty for violation of an ordinance only when the ordinance violation is a misdemeanor pursuant to Florida law; and WHEREAS, if incarceration is even a possible penalty for violating an ordinance, all elements of the ordinance violation must be proven by the relatively hard to prove standard of proof called "proof beyond a reasonable doubt"; and WHEREAS, because this Ordinance specifies that incarceration is not even a possible penalty for any violations of this Ordinance, all such violations need to be proven by the relatively easier to prove civil standard of proof called "preponderance of the evidence"; and WHEREAS, some acts committed by unauthorized wrecker operators (as those acts are defined in Section 323.002, Florida Statute) arc violations of that Statutory Section and incarceration is a possible penalty for such violations of the Statute as distinguished from violations of the Ordinance, and GEND~, I.~EM NO. ~ D FEB 2 20 - WHEREAS, this Ordinance does not and cannot affect Section 323.002, Florida Statutes, including )hat incarceration is a possibly penalty for violating that Statute as distinguished from violating this Ordinance; and WHEREAS, some towing companies subject to this Ordinance may have charged labor charges, mileage charges and "administrative charges" that a~e prohibited by this Ordinance; and WHEREAS, this Ordinance is proposed to be amended to clarify that the above described unauthorized, labor charges, administrative charges and mileage charges are prohibited by this Ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: The first paragraph in Section Four of Collier County Ordinance No. 99-38 is hereby amended to read as follows: Section Four: MAXIMUM RATES FOR TOWING. Limited to the specific towing operation and/or storage: this Ordinance does not limit pass-through of an)' additional towing and/or storage related fees or charges required or authorized by law which then supercedes this Ordinance. This Ordinance does not limit pass-through of any fee or charge incurred o~ and actually paid by the towing company for service(s) from provided by the Sheriff's Agency and/or any other governmental entity, or from provided bv sole proprietor(s) or private entities, provided those services, in the reasonable judgment of the towing company, were necessary to lawfully and safely tow that vehicle on that occasion, and continuing until the vehicle is either stored at its first storage destination or is lawfully transferred into actual or constructive custody of another person or entity. Also, limited to the specific towing operation and/or storage, and whether or not the towed vehicle is stored at the towing company's stora~oe facility for thirty (30) consecutive hours or more, this Ordinance does not affect an}' then existing rights of the towing company to recover fr~m any or ~'~*" all costs actually paid by the towing company for filing any form(s), ta~ng any legal action(s), and/or any other substantially sixrfilar direct costs. Provided the towed vehicle is stored at the towing company's storage facility for thirty (30) consecutive hours or more, the towing company may charge an additional administrative charge (fee) not to exceed thirty (30) dollars. There shall be no charge for any labor that occurs, nor any mileage that occurs, before the towing vehicle arrives at the location of the vehicle to be towed unless the vehicle expected to be towed is not towed by the responding towing company, in which event a mileage charge not to exceed $1.50 per mile can be charged based upon the total mileage traveled by the towing vehicle responding to the call out after subtracting the first ten (10) traveled miles. The mileage must be measured from the spot from where the towing vehicle commences the trip and travels the most direct route out to the location of the vehicle to be towed. NO. '8 FEB 2 200 Pg. ,. LI Underlined text is added; s'~'-acl: c~,r.', text is deleted SECTION TWO: Section Six of Collier County Ordinance No. 99-38 is hereby amended to read as follows: Section Six. WRECKER OPERATOR SYSTEM] PENALTIES AND ENFORCEMENT. A. Each violation of this Ordinance shall be subject to the maximum f'me and/or penalties as then specified in the law under which that enforcement action is based, including when prosecuted as a non-criminal violation in the name of th,, state~ecutin attome ,. the rosecution shall be rosecuted in the same manner~as misdemeanors are rosecuted, ursuant to Section 125.69, Florida Statutes+: Each person who is found to have violated thi:; Ordinance~ect to a fine not to exceed $500 for each violation of th~ O d~nance. No lndtv~dual shall be incarcerated for any violation of tkis Ordinance. This Ordinance ma ~ be enforced by the Florida Hi hwa Patrol. or b the Collier Count Sheriff's A enc . or by Code Enforcement Officers ursuant to Part II of Chapter 162. Florida Statt~tes, as if a rr',2s~cmcan~r un,er 775.0~23, F!c. rid~ Stat'atca~ or pursuant to any other provision of law incorporated by reference into Section 1-6 of Collier County Code of Laws and Ordinances on the date of the violation. This Ordinance does not affect an, roceedin re ardin an violation of Section 323.002. Florida Statutes._.including the possible penalty of incarceration for violation of that Statute.. B. Notwithstanding imposition of any other penalty or penalties by the CounLv or b} any other entity, three (3) or more separate incident intentional violations committed by the same towing company within any three hundred and sixty (360) day time period of time is per se sufficient basis for forfeiture of that towing company's and/or storage company's Collier County occupational license applicable to the occupationally licensed location, where, or out of which, the respective intentional violations occurred. ~ ..;~,:~ ^r ,~,;~ ~..~;~....n~ zkaI1 subject an)' C. This Ordinance authorizes, but does not mandate, the Collier Count Sheriff's A~encv to_~perate and ad___._~nister the Countv's Wrecker O erator SxrstemPursuant to Section 323.002. l:lorida Statutes. The Sherifffs Wrecker O erator S ,stem is to be o crated and administered as s.__~_~ffied in__Florida Statutes. includin a ortionin, assi ments am~ble wreeker~ eo ra hic zones in uninco orated Collier Coun . b a rotation sched~ an combinations thereof. The Sheriff's A enc ma amend such olicies without further authorization from the Count rovided the olic as amended does not conflict with this Ordinance includin towin and stora e rates fees and char es. This Ordinance does not affect the Sheriff's discretion re ardin disci linin .controlhn~, removing or suspending any towing company_. SECTION THREE: CONFLICT AND SEVERABILITY. In the event this Ordinance conflicts with any other ordinance of Collier County or other applicable law, the more restrictive shall apply. If any phrase or portion of this Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portion. Underlined text is added; z'w,:c!: thru text is deleted FEB 2 200t -- 'SECTION FOUR: INCLUSION IN THE CODE OF LAWS AND ORDINANCES. The provisions of this Ordinance shall become and be made a part of the Code of Laws and Ordinances of Collier County, Florida. The sections of this Ordinance may be renumbered or relenered to accomplish such, and the word "ordinance" may be changed to "section", "article", or any other appropriate word. SECTION FIVE: EFFECTIVE DATE. This Ordinance shall become effective upon receipt of notice that the ordinance has been filed with Florida' s Secretary of State PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this __ day of ,2004. ATTEST: DWIGHT E. BROCK, Clerk By: Deputy Clerk BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: Donna Fiala, Chairman Approved as to form and legal sufficiency: Thomas C. Palmer. Assistant County Attorney NO._ o '---' - FEB 2 q 200q pg._ ~ EXECUTIVE SUMMARY AN ORDINANCE AMENDING ORDINANCE 81-75 BY ADDING SECTION TWELVE ENTITLED CLASSIFICATIONS AND CERTIFICATES; PROVIDING FOR INCLUSION IN CODE OF LAWS AND ORDINANCES; PROVIDING FOR CONFLICT AND SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE OBJECTIVE: To provide better protection for the health, safety and welfare of the residents of Collier County by establishing uniform countywide standards for certification of ambulance by promulgating complete and clear rules and regulations for operation of all ambulance services in Collier County. CONSIDERATIONS: The Board.made a policy decision to provide primarily pre- hospital transports. As such, staff was directed to modify County Ordinance 81-75 in a manner that will allow for hospitals to request a limited Certificate of Public Convenience and Necessity (COPCN) that would provide specific provisions for inter- facility and out-of-county post hospital transports. The attached Ordinance modifies the language to accommodate this issue. In addition to the standard language that was added to allow post-hospital transports, the Emergency Medical Services Advisory committee (EMSAC) recommended that language be added which requires any agency provided a COPCN to follow the protocols of the County's Medical Director. This will ensure a consistent level of care throughout the community. FISCAL IMPACT: There is no fiscal impact with the approval of this item; however, should the Board issue a COPCN, there could potentially be a fiscal impact to the general fund both to revenue and expenses. GROWTH MANAGEMENT IMPACT: Ambulances are inventoried in the Growth Management Plan as a function of response times. If this language is modified and the County is relieved of post-hospital transports as anticipated, the County will not need additional ambulances as scheduled. RECOMMENDATION: Recommendation that the Board of County Commissioners amend the attached Ordinance 81-75 by adding Section Twelve entitled: Classifications and Certificates; providing for inclusion in Code of Laws and Ordinances; providing for Conflict and Severability; and providing for an effective date. SUBMITTED BY: APPROVED BY: ~.~',,,ff' . ,'~,. Date: ~'7,~ge, EM~Director .~~ Date: ~/Fl/t~ ~' John Dunnuck, Administrator Division of Public Services FEB Pgo ORDINANCE NO. 200 AN ORDINANCE AMENDING ORDINANCE 81-75 BY ADDING SECTION TWELVE ENTITLED: CLASSIFICATIONS AND CERTIFICATES; PROVIDING FOR INCLUSION IN CODE OF LAWS AND ORDINANCES; PROVIDING FOR CONFLICT AND SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Collier County desires to make available to its citizens safe, professional emergency health care transportation services for the transfer of patients between and among local hospital facilities; and WHEREAS, Collier County desires to facilitate the provision of such services and has the necessary equipment, training, expertise, professional certifications and licenses to do so; and WHEREAS, the amendment to Ordinance Number 81- 75 results in a benefit to Collier County by reducing response times for certain transports and providing for the availability of more transport vehicles. NOW THEREFORE: BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA: Section 1: Purpose This ordinance is adopted pursuant to Chapter 125, Florida Statutes and Section 401.25 (8) Florida Statutes. The purpose of this ordinance is to provide better protection for the health, safety and welfare of the residents of Collier County, in ambulance and ALS matters, by establishing uniform county-wide standards for certification of ambulance or advanced life support or services, or operations by promulgating complete and clear rules and regulations for operation of ali ambulance or rescue companies or services in Collier County. Section 2: Definitions A. Advanced Life Support (ALS) shall mean procedures conducted as defined in applicable Florida Statues and Florida Administrative Code, CH. 10D-66. B. Administrator shall mean the County Manager or his designee. C. Ambulance means any privately or publicly owned land, air, or water vehicle that is designed, constructed, reconstructed, maintained, equipped or operated, and is used for or intended to be used for air, land, or water transportation of persons, who are sick, injured, or otherwise helpless. D. Board shall mean the Collier County Board of County Commissioners. E. Certificate means a certificate of convenience and necessity as authorized in Section 401.25 (3) d, 'Florida Statutes. Agenda.) I~;,em FEB 2 Pg -~ F. Emergency Call shall mean the transit of an ambulance under conditions which warrants travel with flashing lights and siren operating. G. Operator shall mean any person, organization or governmental entity providing ambulance or ALS services. H. Patient shall mean an individual who is ill, sick, injured, wounded, or otherwise incapacitated or helpless. I. Routine Call or Routine Transfer shall mean the transportation of a patient under non- emergency call conditions. J. Rescue Service shall mean first response treatment of patients but does not include Advanced Life Support (ALS) or transport. Section 3: Requirement For Certificate It shall be unlawful for any person, firm, agency, or any other entity, including governmental units, to provide an ambulance service or provide advanced life support without first obtaining a certificate therefore from the Board of County Commissioners of Collier County. Section 4: Exemptions and Exclusions From Certificate Requirement Certificates shall not be required for: A. Rescue Services B. The use of a non-ambulance for any transport of a patient pursuant to the Good Samaritan Act, Section 768.13, Florida Statues. C. .Vehicles rendering ambulance-type services when requested to do so by the Board of County Commissioners or County Manager in the event of a major catastrophe or other such emergency wb3ch requires more ambulances that are available in the county. D. Ambulances based outside the county which pick up a patient in the county and transport him out of the county, or which pick up a patient out of the county and transport him into the county. E. Vehicles used to transport persons for routine scheduled medical treatments. Vehicles transporting persons who require services cn route or who must be carried on a stretcher are not covered by this exemption. Section 5: Procedure For Obtaining Certificate Words underlined added and words s'~mck L~ough are deleted. Agen d~I tre~ No. ,~ ~' . FEB 2 An applicant for a certificate shall obtain forms from the department to be completed and returned to the Division Administrator. Each application shall contain: A. The name, age, and address of the owner of the ambulance or ALS provider, or if the owner is a corporation, then of the directors of the corporation and of all the stockholders holding more that 25% of the outstanding shares. For governmental units, this information shall be supplied for members of the goveming body. B. The boundaries of the territory desired tO be served. C. The number and brief description of the ambulances or other vehicles the applicant will have available. D. The address of the intended headquarters and any sub-stations. E. The training and experience of the applicant. F. The names and addresses of three (3) Collier County residents who will act as references for the applicant. G. A schedule of rates which the service intends to charge. H. Such other pertinent information as the administrator may require. I. An application or renewal fee of two hundred fifty dollars ($250.00). J. Financial data including assets and liabilities of the operator. A schedule of all debts encumbering any equipment shall be included. Section 6: Review of Application The Administrator shall review each application and shall investigate the applicant's reputation, competence, financial responsibility, and any other relevant factors. The Administrator shall also make an investigation as to the public necessity for an ambulance or ALS operation in the territory requested, and shall then make a report to the Board containing his recommendation whether to grant a certificate to the applicant within sixty (60) days of the time the Administrator determines the application is complete. Section 7: Requirement For Board Approval in Granting Certificate The Board of County Commissioners shall not grant a certificate unless it shall find, after public hearing and based on competent evidence that each of the following standards has been satisfied: A. That there is a public necessity for the service. In making such determination, the Board of County Commission shall consider, as a minimum, the following factors: Words underlined added and words stn:ck t.~-.m:g~~. are deleted. Agend~ Ij:,e m "'t No.B' FEB (1) The extent to which the proposed service is needed to improve the overall Emergency Medical Services (EMS) capabilities of the County. (2) The effect of the proposed service on existing services with respect to quality of service and cost of service. (3) The effect of the proposed service on the overall cost of EMS service in the County. (4) The effect of the proposed service on existing hospitals and other health care facilities. (5) The effect of the proposed service on personnel of existing services and the availability of sufficient qualified personnel in the local area to adequately staff all existing services. B. That the applicant has sufficient knowledge and experience to properly operate the proposed service. C. That, if applicable, there is an adequate revenue base for the proposed service. D. That the proposed service will have sufficient personnel and equipment to adequately cover the proposed service ~rea. Section 8: Appointment of Hearing Officer In making the determinations provided for in Section 7 above, the Board may, in its sole discretion, appoint a Heating Officer to hold a public hearing and to make factual findings and conclusions as a result of the hearing. Should a Hearing Officer be appointed, said Hearing Officer shall render a written report to the Board within 30 days of the hearing, which report shall contain the officer's findings and conclusions of fact, and a recommended order. The findings and conclusions of fact shall be binding upon the Board, but the recommended order shall be advisory only. Section 9: Rights and Duties Granted By Certificate The certificate granted by the Board shall be valid for one calendar year and shall be personal to the applicant and not transferable. In the case ora corporation, if there occurs such a transfer of stock or other incidents of ownership as to change the majority or largest stockholder, a new certificate must be applied for. Changes in the officers of the corporation will not require a new certificate. Acceptance of the certificate by the applicant shall obligate the applicant to: Words underlined added and words :track a~.reug.h are deleted. Agenda Item FEB A. Service the entire zone granted to the applicant. B. Provide coverage to adjoining zones, when requested to do so by Emergency Control for emergency calls when the certificate holder for that zone is unable to respond. C. Keep posted at his place of business a copy of the fee schedule, which must be filed with the Administrator (If applicable). D. Operate in accordance with the rules and regulations adopted pursuant to this Ordinance and any applicable County Ordinances, and Chapter 401 Florida Statutes, and any administrative regulations adopted pursuant thereto. E. Employ at all times sufficient personnel experienced in operation and management of emergency medical services to ensure proper and efficient operation. Section 10: Renewal of Certificate Each certificate holder shall file within ninety (90) days of expiration, an application for renewal of his certificate. Renewals shall be based upon the same standards, as the granting of the original certificate along with such other factors as may be relevant. The renewal application shall be accompanied by a two hundred and fifty dollar ($250.00) renewal fee. The rene~val certificate may be approved routinely by the Board, upon advice of the Administrator, or the Board may hold a hearing on same. Section 11: Emergency Provisions The Board may modify, suspend or revoke a certificate in the interest of the public health, safety and welfare, only at public hearing and after reasonable notice has been given to the certificate holder affected. However, if a situation exists which poses a serious threat that ambulance or rescue service will not be available to any certain area of Collier County, the Administrator shall have such temporary emergency powers as are necessary to provide that service. These temporary powers are intended to provide interim protection until such time as the Board meets to resolve the emergency. Section 12: Classifications of Certificates There shall be two (2) classifications of service in Collier County~ as follows: A. Class 1: Collier County EMS: ALS Rescue: An EMS provider with the capability of rendering on the scene prehospital ALS services and who may or may not elect to transport patients. An EMS provider rendering this level of service for a governmental entity Words underlined added and words ~-'~,:ck ',.~-zug,h are deleted. gen~l,~ FEB 2 Pg .... ~ shall be deemed to be operating under the Class I - ALS rescue certificate of public convenience and necessity held by the governmental entity. An EMS provider holding a Class 1 - ALS rescue certificate may provide post- hospital interfacility medical transfer services and routine ALS and BLS calls within the County. A certificate of public convenience and necessity must be obtained from the County before em~ao_ine in this level of medical service. Class 2: Collier County Hospitals.'. 1. ALS Transfer: An EMS provider who renders ALS interfacili.ty medical transfer services. An EMS provider who is awarded a Class 2 - ALS transfer certificate and does not possess a Class 1 - ALS rescue certificate shall not respond to an emergency call and provide ALS rescue services unless called upon by the appropriate Class I - ALS rescue provider to provide emereenc¥ backup service. In these instances, it shall be deemed to. be operating under the Class I - ALS rescue certificate of the ~overnmental entity requestin~ such emergency backup service. 2. Class 2 - ALS transfer certificate holders may provide post-hospital interfacility medical transfer services and routine ALS and BLS calls within the County but only to hospitals owned by the certificate holder. Unless an EMS provider possesses a Class I - ALS Rescue certificate issued by the County~ a certificate of public convenience and necessity must be obtaine,d,, from the County before engauine in this level of medical service. 3. Class-2 transfer certificate holders shall contract with the Class - 1 rescue certificate holder's Medical Director for the performance of services. set forth in Florida Statutes, Section 401.265 and as specifically set forth herein as follows: a. He shall supervise and accept direct responsibility for the medical performance of the paramedics and Emert:enc¥ Medical Technicians (hereinafter EMTs). b. He shall develop medically correct standine orders or protocols relating to life support system procedures when communication Words underlined added and words struck t.U, ro'-'-~h are deleted. FEB 2 200t cannot be established with a supervisint~ ohvsician or when any delay in patient care would potentially threaten the life or health of the patient. c. He shall issue standinu orders and protocols to ensure that the Class-2 transfer certificate holder transports each of its patients to facilities that offer a type and level of care appropriate to the patient's medical condition. d. He or his appointee shall provide continuous 24-hour-per-day~ 7-day-per-week medical direction which shall include~ in addition to the development of protocols and standing orders~ direction to the Class-2 transfer certificate holder's personnel as to the availability of "off-line" service to resolve problems~ system conflicts~ and provide services in an emergency as that term is defined by section 252.34(3)~ Florida Statutes. e. He shall establish a quality assurance committee to provide for quality assurance review of ali EMTs and paramedics operating under his supervision. f. He shall audit the performance of system personnel by use of a quality assurance program that includes but is not limited to a prompt review of patient care records~ direct observation~ and comparison of performance standards for drugs, ecluioment~ system protocols and procedures. He shall be responsible for participating., in quality assurance programs developed by the Class-2 transfer certificate holder. He shall ensure and certify that security procedures of the Class-2 transfer certificate holder for medications~ fluids and controlled substances are in compliance with chapters 401~ 499 and 893~ Florida Statutes~ and chapter 10D-45 of the Florida Administrative Code. h. He shall create~ authorize and ensure adherence to~ detailed written operating procedures regarding all ast}ects of the handling of Words underlined added and words ......... :rc~:gh are deleted. Agenda/ NO. t~' ~..~m FEB 2 Of14 medications~ fluids and controlled substances by the EMS personnel and comply with all requirements of chapters 401~ 499 and 893~ Florida Statutes. i. He shall notify the Florida Department of Health~ (hereinafter the "Department"} in writing when the use of telemetry is not necessary. i. He shall notify the department in writing of each substitution of equipment or medication. k. He shall assume direct responsibility for the use by an EMT of an automatic or semi-automatic defibrillator~ the performance of esoohat~eal intubation by an EMT~ and on routine interfacility transports~ the monitoring and maintenance of non-medicated l.V.s by an EMT. He shall ensure that the EMT is trained to perform these procedures~ shall establish written protocols for the performance of _ these procedures~ and shall provide written evidence to the Florida Department of Health documenting comoliance with the provisions of this parat~raph~ i. He shall ensure that all EMTs and paramedics are trained in the use of the trauma scorecard methodoloRies as provided in sections,, 64E-2.017 of the F.A.C. for adult trauma atients and 64E-2.0175 F.A.C.~ for pediatric trauma patients: m. He sh~member onan EMS vehicle for a minimum of 10 hours er ear and corn lete a minimum of 10 hours ~ er ear ofcontinuin medical education related to re-hos ital care or teachim~ or a combination of both,: n. He shall ensure that all of the Class-2 transfer certificate holder's EMTs and paramedics have all proper certifications and receive all training necessary to maintain their certification. Section ~-Z 1.~3: Transfer Or Assignment of Certificates Words underline____ d added and words ~ are deleted. Agenda~tem No. ~.~-.~ F E El. 2 6 No certificate issued under this Ordinance shall be assignable or transferable by the person to whom issued except unless approval is obtained from the Board in the same manner and subject to the same application, investigation, fees and public hearing as original applications for certificates. Any majority transfer of shares or stock or interest of any person or operator so as to cause a change in the directors, officers, majority stockholders or managers of such person or operator shall be deemed a transfer or assignment as contemplated in this Ordinance and subject to the same roles and regulations as any other transfer or assignment. Section 1--3 14: Revocation, Alteration Or Suspension Grounds A. Every certificate issued under this Ordinance shall be subject to revocation, alteration and/or suspension of operation, buy the Board, for a period of up to one year, where it shall appear that: 1. The operator has failed or neglected for a period of thirty (30) days during any calendar year to render all services authorized by his certificate. 2. The operator has been convicted of a felony or any criminal offense involving moral turpitude. 3. The certificate was obtained by an application in which any material fact was omitted or falsely stated. 4. The operator has knowingly permitted any of its motor vehicles to be operated in violation the laws which result in conviction of the driver or operator of a misdemeanor in the second degree or greater, or has knowingly permitted a driver with more than two previous convictions to operate emergency vehicles. 5.The operator has failed to comply with any of the provisions of this Ordinance. 6. The public interest will best be served by revocation, alteration, or suspension of any certificate upon good cause shown. 7. The operator or his agent has demanded money or compensation other that that established and prescribed under this ordinance. (If applicable). 8. The operator has without sufficient justification failed or refused to furnish emergency care and/or transportation promptly for a sick or injured person. 9. The operator or his agent has been found guilty of malpractice or willful and wanton misconduct in the operation of its service. Words underlined added and words s~-'-zk fY. re. ugh are deleted. Agen~d~ NO. FEB 2 ___._...J All complaints shall be investigated and a report thereon made to the Board, together with findings and recommendations, within fifteen (15) days. If revocation, suspension or alteration of any certificate appears warranted, the Board shall give notice to the operator holding the certificate that the same will be considered at a specific commission meeting, provided the date of such meeting shall not be less than five (5) days from the date of the notice. The Board shall thereupon consider the complaint and either revoke, suspend or alter the certificate or dismiss the complaint. Section t4 15: General Operating Regulations All certificate holders, operators, and drivers shall comply with all state statutes and administrative regulations as following regulations: A. Twenty-four Hour Service. Every certificate holder shall be required to operate sufficient ambulances, as stated on the certificate of operation and determined by the Board, on immediate call at all times. B. Prompt Service Required._Every call for ambulance service shall be answered promptly. Patients shall be loaded and transported without being subject to unreasonable delays. All calls for emergency assistance requiring over twenty (20) minutes from time of notification to arrival on scene shall be reported to the Administrator with complete documentation of the circumstances, which delayed the response. Those instances where more that three (3) minutes elapse between receipt of an emergency call and dispatch of an ambulance shall also be reported to the Administrator with documentation of circumstances.' C. Bed Linens. Clean and sanitary bed linens shall be provided for each patient carried and shall be changed as soon as practicable after the discharge of the patient. D. Daily Log. Every operator shall maintain in a daily log upon which shall be recorded the place or origin, time of call, time of dispatch, time of arrival at scene, time left for hospital, time of arrival at hospital, and charges for each trip made and such other operating and patient information as may be required by Ordinance. Every operator shall retain and preserve all daily logs for at least two (2) years, and such logs shall be available for inspection by the Administrator. Words underlined added and words ~ are deleted. 10 FEB, 2 ?OO ' E. Communicatic~n,~. Each ambulance shall maintain two-way radio communication with the location of primary dispatch from which it operates, as well as any additional communication capabilities required by Ordinance or state law. F. Vehicles and Equipment Each vehicle shall be equipped with the proper medical and emergency equipment as required by the laws of the State of Florida and shall be subjected to inspection from time to time to insure compliance with the laws of Florida and this Ordinance. G. Certification In addition to the State of Florida Department of Health and Rehabilitative Services requirements for certification, each paramedic must be certified by the County Medical Director. Each paramedic must work with a Collier County EMS ambulance for a sufficient length of time for the ambulance service medical director to properly judge his capability. At minimum, the paramedic must work in that capacity not less than one full month's work shift annually. Salaries of other than Collier County EMS paramedics will be paid by the agency seeking the Medical Director Certification. H. Each ambulance or ALS service shall be subject to those rules and regulation as promulgated by Ordinances of the Board for the purpose of carrying out this ordinance. Section t--5-1_~6: Central Place of Business Each operator shall maintain a central place of business which shall be entirely within his designated operating zone, at which place he shall provide two-way radio communication with his vehicles, the county emergency control communications center, and his place of business, a properly listed telephone for receiving all calls for servi'ce and at which central place of business he shall keep such business records and daily logs available for inspection or audit by the Administrator. Every operator shall keep on file with the Administrator and the County Emergency Control Communications Center a business address and telephone number at which the operator may be reached at all times. This information will be maintained at the Emergency Control Center. Section t6 17: Records To Be Kept Every operator shall keep accurate records of receipts from operations, operating and other expenses, capital expenditure and such other operating and patient information as may be required by the Board. Section t-~ 18: Rates Words underlined added and words ..... ~. ,s. .... .~ ............ ~ are deleted. 11 F E B -2 ?nO , pg, / Every operator shall file with the Board a schedule of the rates. Such rates shall be filed as a part of each new or renewal application, and a rate schedule shall also be filed when changes in rates are proposed. All such rates shall be subject to review and approval by the Board. Section t8 19: Operator's Insurance Every ambulance operator shall carry bodily injury and property damage insurance with solvent and responsible insurers authorized to transact business in the State of Florida to secure payment fo( any loss or damage resulting from any occurrence arising out of or caused by the operation or use of any of the operator's motor vehicles. Each vehicle shall be insured for the sum of at least one hundred thousand dollars ($100,000.00) for injuries to or death of any one person arising out of any one accident and the sum of at least three hundred thousand dollars ($300,000.00) for injuries to or death or more than one person in any one accident and for the: sum of at least fiftY thousand dollars ($50,000.00) for damage to property arising from any one accident. They shall also have malpractice insurance. Every insurance policy or contract for such insurance shall provide for the payment and satisfaction of any financial judgment entered against the operator and present insured or an)' person driving the insured vehicle. Such insurance shall be obtained and certificates or certified copies of such policies shall be filed with the Board. All such insurance policies, certificates thereof or certified copies of such insurance policies shall provide for a thirty (30) day cancellation notice to the Board. Section t~ 20: Conduct of Drivers And Attendants All drivers, EMT's and paramedics shall comply with the laws of the State of Florida, in order to meet the requirements set out in this Ordinance and no driver, EMT or pa/amedic registered hereunder shall: A. Fail or refuse to promptly transport, if applicable, or attend any sick or injured person after responding to a call. Demand or receive compensation other that that established and approved in accordance with this ordinance or fail to give a receipt for moneys received. (If applicable). Give or allow rebate, commission, discount or any reduced rate not provided in the established rate. (If applicable.) At any time induce or seek to induce anY person engaging an ambulance or ALS service to patronize or retain the services of any hospital, convalescent home, mortuary, Words underlined added and words su,aek4hr-oug~ are deleted. 12 cemetery, attorney, accident investigator, nurse, medical doctor or other service occupation or profession. E. At any time release his patient from his care until he is assured that some responsible person is available to receive such patient. F. At any time use a siren or flashing red light unless on an emergency call. G. Disobey the lawful orders of the law enforcement officer at the scene of an accident, or other similar such emergency or at a fire scene, the fire officer in charge. H. Smoke while within the confines of an ambulance. I. Operate or ride in an ambulance without using seatbelts. (Personnel attending patients are exempt). Section ~0 21: Passengers No person shall be aboard ambulances when engaged in emergency or routine medical calls except the following: A. Driver, attendants and fire or law enforcement personnel; B. Patients; C. Not more that one relative or close friend of the patient, or if the situation warrants, the paramedic in charge may authorize more than one passenger. D. Physicians and nurses; E. Personnel in an observing capacity that are being trained for ambulance or ALS service. F. Operator's supervisory personnel. Section ~ 22: Obedience to Traffic Laws, Ordinances or Regulations. A. The driver of an ambulance or ALS vehicle when responding to an emergency call or while transporting a patient may exercise the following privileges when such driver has reasonable grounds to believe that an emergency in fact exists requiring the exercise of such privileges: 1. Park or stand, irrespective of the otherwise applicable provisions of law, ordinance or regulations. 2. Proceed past a red light or stop signal or stop sign, but only after slowing down as may be necessary for safe operations. 3. Exceed the maximum speed limits permitted by law so long as he does not endanger life or property. Words underlined added and words :track t.~:rough are deleted. 13 4. Disregard laws, ordinances or regulations governing direction or movement or turning in specified directions so long as he does not endanger life or property. B. The exemptions herein granted shall apply only when such vehicle is making use of audible and/or visible signals meeting the requirements of this Ordinance. C. The foregoing provisions shall not relieve the driver of a vehicle from the duty to drive with due regard for the safety of all persons, nor shall such provisions protect the driver from the consequences of his reckless disregard for the safety of others. Section g~, 2~3: Violations In addition to the remedies provided herein, a violation of any provision of this ordinance shall be punishable as provided by law for the violation of County ordinances. Section 3-3 2.~4: Uniformity of Application The Ordinance shall constitute a uniform law applicable in all of Collier County. Section 34 2.~5: Authority To Enforce It is hereby declared to be the duty of the Board of County Commissioners of Collier County, its officers, agents, employees and other governmental agencies, the sheriff's department of Collier County, its deputies and agents, fire departments, as well as the police departments of the various municipalities falling under the provisions of this Ordinance to strictly enforce the provisions of this Ordinance. Section 35-2_.~6: Repeal and Codification Ordinance 75-50 is hereby repealed. This Ordinance shall be codified in the Collier County Code as Chapter 4 of said Code, and said Code is hereby amended accordingly. Section ~4i 2'/: Conflic~ and Severability tl~,e rema:,.~e: In the event this Ordinance should ever conflict with any other ordinance of Collier Count or a licable ordinance of an munici ali or other a licable law rule or re ulation .the more restrictive shall a I . If an section sub-section sentence clause hrase or ortion of this Ordinance is for an reason held invalid or unconstitutional b an court of corn etent 'urisdiction such ortion shall be deemed a se arate distinct and inde endent rovision and such holding shall not affect the validity of the remainder of the Ordinance. Section 3-7 2_.~8: Effective Date Words underline~d added and words ~ are deleted. 14 F E B Z q This Ordinance shall become effective upon receipt of notice that it has been filed with the Secretary of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this __ day of ,2004. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: By:. Approved as to form and legal sufficiency: . ~.aI:quelihe Williams Hubbard Nssistant County Attorney H: (~'dinanceJRcvision of Ord 81-75 DONNA FIALA, Chairman Words underlined added and words r,~"ack t.~-c, ugh are deleted. 15 'Agen.~a ~Lt. em' -- FEB 2 EXECUTIVE SUMMARY APPOINTMENT OF MEMBER(S) TO THE ISLE OF CAPRI FIRE CONTROL DISTRICT ADVISORY COMMITTEE OBJECTIVE: To appoint 1 member to serve a 2-year tetai, expiring on December 31, 2006, to the Isle of Capri Fire Control District Advisory Committee. CONSIDERATIONS: The Isles of Capri Fire Control District Advisory Committee had 2 terms expire on December 31, 2003. This 5-member committee advises thc Board on the budget and operation of the Isles of Capri Fire Control District. Terms are 2 years and members must reside within thc botmdaries of thc Isles of Capri Municipal Fire Services Taxing District. A list of the current membership is included in thc backup. The terms for Tara LaGrand and Morris James Louis expired on December 31, 2003. A press release was issued and 1 resume were received from the following interested citizen: APPLICANT CATEGORY DIST ELECTOR ADV. COMM. Morris James Louis re-appt . I Resident I I. I Yes I I. OC Fire Dist. Adv. Comm. COMMITTEE RECOMMENDATION: Morris James Louis FISCAL IMPACT: NONE GROWTH MANAGEMENT IMPACT: NONE RECOMMENDATION: That the Board of County Commissioners consider the recommendation for appointment, appoint 1 member, and direct the County Attorney to prepare a resolution confirming the appointment. Prepared By: Sue Filson, Executive Manager Board of County Commissioners Agenda Date: FEBRUARY 24, 2004 filson_s From: roddguez_r Sent: Friday, January 30, 2004 12:05 PM To: filson_s; SummersDan SUbject: RE: Isles of Capri Committee Sue, The ICFD Board meet on the 29,of Jan. And voted Mr. James M. Louis for another term. Thanks.. ----Original Message--- From: filson_s Sent= Wednesday, January 21, 2004 3:02 PM To: roddguez_r Subject: isles of Capri Committee On November 10, 2003, I provided you with an application for the fire committee. The 41 day deadline expired on December 22, 2003. I e-mailed you on January 12th and you indicated that you did not receive the application. I faxed it to you on January 12, 2004. I need something from you in order to take this to the Board for appointment. My records indicate that you only have 3 members on the committee at present so if someone doesn~ show up you will not have a quorum. Since Mr. Louis' term expired on December 31, 2003 he is no longer eligible to vote until reappointed. Please advise. Thank you. 1/30/2004 A~A ITEM Name Isles of Capri Fire Control District Advisory Committee Work Phone Appt'd Exp. Date Term Home Phone DateRe-appt 2ndExpDate 2nd Term Ms. Tara LaGrand 12693 E. Tamiami Trail Naples, FL 34113 District: 1 Category: Mr. Benjamin F. Pearson 152 E. Hilo Street Naples, FL 34113 District: 1 Category: Mr. Morris James Louis 25 Capri Boulevard Naples, FL 34113 District: I Category: Ms. Jerilyn Neuhaus 156 Capri Boulevard Naples, FL 34113 District: 1 Category: Mr. J. Jay Cavanaugh · 8599 Pepper Tree Way Naples, FL 34114 District: 1 Category: 389--4206 01/25/00 12/31/01 2 Years 12/11/01 12/31/03 2 Years 394-9888 389-1173 389-0371 01/14/03 12/31/04 2 Years 09/14/99 12/31/01 2 Years 12/11/01 12/31/03 2 Years 01/12/99 12/31/00 2 Years 642-7511 01/14/03 12/31/04 2 Years 775-0O44 775-0044 01/14/03 12/31/04 2 Years Wednesday, January 15, 2003 Page I of 2 AGENDA ITEM FEB 2/t 200~ ,I Isles of Capri Fire Control District Advisory Committee Name Work Phone Appt'd Exp. Date Term Home Phone DateRe-appt 2ndF_~x'pDate 2nd Term This 5 member committee was created by Ord. No. 75-09 to advise the Board of County Commissioners on the budget and operation of the Isles of Capri Fire Control District. Members must reside within the boundaries of the Isle of Capri Municipal Fire Services Taxing District. Terms are 2 years. FL STAT 125.01 yqq.. ya o~, Staff.. Chief Emilio Rodriguez, Isles of Capri Fire Depart: 394-8770 Wednesday, January 1.5, 200.9 Page 2 of 2 FEB 2 ~ 200~ ,'4 T- MEMORANDUM DATE: TO: FROM: November 10, 2003 Elections Office ¢ Sue Filson, Executive Manager Board of County Commissioners RE: Voter Registration - Advisory Board Appointments The Board of County Commissioners will soon consider the following individuals for appointmem to one of the county's advisory committees. Please let me know if those listed below are registered voters in Collier County. Also, please list the commission district in which each applicant resides. IOC FIRE CONTROL DISTRICT ADV COMM COMMISSION DISTRICT Morris James Louis 25 Capri Boulevard Naples, FL 341113 Thank you for your help. ~VOV I3 County ,Comm~.... ,' i FEB 2 ~ 200~t ! pi.. ~ DATE: TO: ' FROM: MEMORANDUM November 10, 2003 Chief Emilio Rodriguez Isle of Capri Fire District ~,/~ Sue Filson, Executive Manager, 4.,~ i Board of County Commissioner'~- Isle of Capri Fire Control District Advisory Committee As you know, we currently have 2 vacancies on the above-referenced advisory committee. A press release was issued requesting citizens interested in serving on this committee to submit a resume for consideration. I have attached the resumes received for your review as follows: Morris James Louis 25 Capri Boulevard Naples, FL 341113 Please let me know, in writing, the recommendation for appointment of the advisory committee within the 41 day time-fi-ame, and I will prepare an executive summary for the Board's consideration. Please categorize the applicants in areas of expertise. If you have any questions, please call me at 774-8097. Thank you for your attention to this matter. SF Attachments AGENDA ITEM NO. ~f~ FEB 4 200 Mr. & Mrs. M. James Louis 25 Capri Blvd Naples, FL 34113 (239) 389-0371 October 31, 2003 Board of Collier County Commissioners 3301 East Tamiami Trail Naples, FL 34112-4977 Attention: Sue Filson Dear Ms. Filson: Thank you for your letter of October 17 in which you advise me that the Commission will consider my application to serve another term on the Isles of Capri Fire Control District Advisory Board. If the Commissioners wish me to do so, I shall be pleased to accept their appointment to serve our Board for one more term. Sincerely, ~-:~. Louis MJL:rkl cc: ChiefE. Rodriguez AGENDA ITEM NO. qd Board of County Commissioners 3301 East Tamiami Trail Naples, FL 34112 (941) 774-8097 Fax: (941) 774-3602 Application for Advisory Committees/Boards Name: /~/'., f~/~ i5 J('~/'1)~',5 L ~ ~, I".'~ HomeAddress: .~--'~' (~('it~P/ ~ ; Iv' c~ ,,~..,~/~,./~/_ · F~x No. Business Phone: e-mail address: Business: ';~ 7/~ ~- ~' Y Board or Committee Applied for:f~. Category (if applicable): Example: Commiasion District, Developer, e~vironmentalist, lay person, etc. Home Phone: .~=.-~ Y-~ __~'// Zip Code: ~7/ //_~ Are you a registered voter in Collier County: Yes Do you currently hold public office? Yes If so, what is that office? Do you now serve, or have you ever served, on a Calliper County boated 0r c.ommittee? Yes ~ No If yes, please list the committees/boards: ./5 }ry. ~.[_ ' (' ~. /,,- , ?/,.'~ ff 'e' ,,'~ ~' [ *l_~..'~ 7_~ ~ ] ;f ,if~ ; ~ , ~/ ~c ~ ,..( PleaSeheld listI Your community, activities~ (c!vic clubs,.neighborhood.. , ~ association?~,l~. ~ etc~. and positions ~" ~..< /~ -<' ': :t (9' :-; ~ ~:5 /~ 1~ - ' "' - Please attach any additional Information you feel pertinen~ This application should be forwarded to Sue l~lson, Ex, Board of County Commissioners, ]301 East Tami~ni Trail, Naples, FL $~ 1 ] 2. lf ~ou wish, please fax your applicati e-mail to suefiison('~olliergov, net Thank you for volunteering to stria tke cit~ens of Collier County. EXECUTIVE SUMMARY ACCEPT THE FINAL REPORT OF THE COLLIER COUNTY REVENUE COMMISSION, AN AD HOC ADVISORY BODY, CREATED TO EXPLORE ALTERNATIVE REVENUE SOURCES FOR MEETING THE COUNTY'S NUMEROUS AND VARIED NEEDS OB,IECTIVE: That the Board of County Commissioners approve the final report of the Collier County Revenue Commission. CONSIDERATIONS: Pursuant to Resolution No, 2003-118 and as directed by the Collier County Board of County Commissioners, the Collier County Revenue Commission held a series of 8 regular and 3 subcommittee meetings over the past eight months, commencing with the first meeting July 8, 2003. The commission was tasked with exploring alternative revenue sources for the County, specifically evaluating alternative funding sources to fund four specific areas: beach and boat access, landscape beautification program, stormwater management program and burying of power lines within residential communities. As directed by the board on March 11, 2003 and subsequently in a September 30, 2003 letter from the Chairman of the Board of County Commissioners, the sixteen-member revenue commission evaluated all aspects of funding and sources of revenue for the various capital improvement programs of the county. The enclosed report to the Board of County Commissioners from Mr. James R. Gibson, Chairman, Revenue Commission, contains the findings of the commission, unanimously adopted at their February 11, 2004 meeting. FISCAL IMPACT: None specifically related to this action. GROWTH MANAGEMENT IMPACT: There are no growth management impacts associated with the Executive Summary. RECOMMENDATION: That the Board approve the final report of the Collier County Revenue Commission, consider the revenue commission mission completed and terminate the commission unless otherwise directed by the Board. REVIEWED AND /~~~~~ Date:°~/?/ APPROVED BY: ' _J~e]Th K.. Sc_hmi[t, Administrator C~unity Development and Environmental Services FEB 2 200 I Collier County Revenue Commission February 12, 2004 The Honorable Donna Fiala, Chairman Board of County Commissioners of Collier County 3301 East Tamiami Trail Naples, Florida 34112-4977 Dear Commissioner Fiala: In response to the Board of County Commissioners' tasking letter to the Revenue Commission of September 30, 2003, the Revenue Commission is pleased to transmit herein its findings and recommendations regarding the prioritization and funding requirements for the areas specifically detailed in the Board's original correspondence. The enclosed transmittal package consists of an overview summary, detailed discussion documents for each subject area and relevant supporting documentation. Should the Board require additional information or clarification regarding the Commission's findings and recommendations, we, of course, will be pleased to provide same. With this transmittal, the Revenue Commission believes it has fully and faithfully completed the obligations of its original mission. The Revenue Commission, at this time, does not anticipate additional future meetings unless or until the Board requests the Commission to reconvene for a specified purpose. In closing, the Commission would like to acknowledge the support and assistance provided to the Commission by County Manager James Mudd, Assistant to the County Manager Winona Stone, Budget Director Mike Smykowski and Community Development and Environmental Services Administrator Joseph Schmitt and his staff. Respectfully submitted, James R. Gibson, Jr. Chairman Collier County Revenue Commission JRG/ssl CC: Board of County Commissioners of Collier County James Mudd, County Manager Pg' _ ........ ..,,,,~ ~- REPORT to the BOARD OF COLLIER COUNTY COMMISSIONERS by the REVENUE COMMISSION A summary of findings and recommendations for the prioritization and funding of certain program areas. The Revenue Commission has reviewed the programs originally suggested for franchise fee funding and finds that alternative funding sources are more applicable and suitable and, therefore, imposition of a franchise fee is not recommended. The Revenue Commission makes the following recommendations: 1. The beach and boat access program should be funded by tourist development funds, impact fees and, if additional funding is necessary, the county-wide general fund. See enclosure A. 2. The landscape beautification program should continue to be funded utilizing gas tax revenues, the unincorporated general fund and, to a greater extent, the county-wide general fund to comply with BCC policy that states community gateway landscaping should be funded by the county-wide general fund. See enclosure B. 3. The stormwater management program should be funded by county-wide and unincorporated general funds and by MSTUs for specific areas that benefit from the individual stormwater projects. It is further recommended that the Stormwater Utility be used to provide a dedicated funding source to qualify for grant funding. Moderate annual funding increases into the Stormwater Utility could double the available program when it is augmented by cost sharing and grants. See enclosure C. 4. The program to bury power lines was considered a low priority program. To the extent that communities want to. bury adjacent power lines, funding requirements should be authorized using a Municipal Services Taxing Unit (MSTU). Please find enclosed herein additional and supporting documentation regarding the above enumerated recommendations. The Revenue Commission will be pleased to respond to questions regarding its recommendations or provide clarification or additional information if so required by the Board. Approved unanimously by the Revenue Commission at its meeting of February 11, 2004. Submitted this date by: James R. Gibson, Jr. Chairman Collier County Revenue Commission FEB 2_ 200 Beach and Boat AccesS Recommendations Potential funding sources for Beach and Boat Access Individual projects were reviewed and potential funding sources were considered. See attached project listings. 1. Beach and Boat Access costs have traditionally been paid by the County-wide General Fund (001) which includes revenue from residents in unincorporated Collier County and all the cities. 2. Tourist Development Council (TDC) funds are collected from the 3% tax on hotels and rentals. Recent BCC approval will provide about $7 million over 1 0 years for new beach and boat access. An additional $1:3 million could be available if a 4th cent is approved by BCC. :3. User fees could be charged for beach parking permits (currently free) and boat ramp fees could be increased. 4. Impact fees for beach and boat access could be assessed. Current beach and boat access is considered generally adequate for the current population. Future facilities are needed for future population growth. A beach/boat impact fee could be added to the current parks/recreation impact fee. That would mandate a Level of Service (LOS) category A and a deficiency could cause a building moratorium. If a separate beach/boat impact fee were approved, it could be designated LOS category B. .5. Franchise fees could be collected from unincorporated county residents; however, Naples, Marco Island and Everglades cities would not contribute. Estimated costs With the recent BCC decision to eliminate beach front properties (like Vanderbiit Inn and Wiggins Pass Marina) and direct staff to concentrate on park and ride opportunities, the master plan costs were reduced by $59 million. The 1 0 year master plan (FY05 thru FY14) cost is estimated at $65.:3 million. However, it is recognized that some projects will never be completed be,:au~~ FEB 2 ~ 2004 of community resistance.' Available (and potentially available) resources A recent BCC decision to allocate $2 million of annual TDC funding to beach/boat access, will provide $0.5 to $1 million per year for new beach and boat access facilities. This would provide an estimated $7.0 million over 10 years. The BCC is currently considering whether to increase TDC funding. Under one proposal, the BCC would add a 4th cent, giving $3 million to advertising and $1.3 million to new beach and boat access annually. This alternative could provide $13.0 million over the 10 year master plan period. If all potential resources are provided, the remaining beach and boat access unfinanced program would be about $45.million. Revenue Commission recommendations 1. Use'a combination of TDC funding, impact fees and, if additional funding is necessary, County-wide General Fund (001) for this program. State and federal funding should also be pursued. 2. Prepare an impact fee study to determine the potential cost per housing unit and whether the current parks/recreation impact fee should be expanded or a new beach/boat access impact fee created. Both sources could b.e bonded. 3. User fee increases for boat ramps and beach parking stickers are not recommended. 4. Franchise fees are not recommended since beach/boat access is a county-wide function and franchise fees would only be collected from unincorporated residents. FEBp~. 2 Z Landscape Recommendations Potential funding sources for Landscape Individual landscape projects were reviewed and potential funding sources were considered. See attached project listings. 1. Gas taxes, the County-wide General Fund (001) and the Unincorporated General Fund have been used for the landscape program and are appropriate funding sources for the future. 2. Franchise fees could be used to replace gas taxes (31 3) or Unincorporated General fund (1 1 1 ) expenses. Since franchise fees would be collected only from unincorporated county residents, they should not be used to replace General Fund (001 costs. Estimated costs. The project listing for the capital construction costs includes the landscaping along newly constructed and improved roads and the catch-up program. $26 million in capital costs were identified between FY04 and FY1 1 and $1 1 million in associated new maintenance costs. Capital costs include irrigation lines, planting trees, shrubs and grass, etc. Available resources Current funding sources for capital costs were ident follows: Gas taxes (Fund 31 3) Unincorporated Fund (1 1 1 ) General Fund (001) Total $18.9 million $ 5.8 million $ 1.3 million $ 26.0 million fled as FEB Z q 200~ As new roads are constructed/improved, gas taxes are used to fund the adjacent median and street landscape. This ensures that the funding is available for landscaping in conjunction with the road construction program. The catch-up capital program, for landscaping along roads that were recently improved, is paid by funds 001 and 1 1 1. Funding source for $11 million in maintenance costs associated with the capital program is the Unincorporated General Fund (111 ). Alternate resource allocation The Landscape Beautification Master Plan states that Community Gateways serving as the main entry points and corridors to Collier County's improved Streetscape road system, will be funded in General Fund 001. Seven community gateways are identified: Marco Island East Trail, 1-75 & CR 951,1-75 & Pine Ridge, 1-75 & Golden Gate Parkway, North Trail (US41) from Lee County line, 1-75 & Immokalee Road and Livingston Road from Lee County line. Several of the gas tax (Fund 31 3) projects and most of the catch-up (Fund 111 ) projects are gateways that should be funded by the county-wide general fund (001). When these adjustments are made, the new funding profile is: Revised Capital Landscape Master ($ in 000) Plan Gas Unincorp General / Total Tax Fund Fund / Capital (313) (111) (001) / ..... FY04 $4,078 $1,888 $1,300 / $7,266 FY05 620 0 1,912 / 2,532 FY06 1,348 630 2,509 / 4,487 FY07 4,834 0 1,11 5 / 5,949 FY08 2,426 0 0 / 2,426 FY09 1,270 0 0 / 1,270 FYIO 0 0 2,107 / 2,107 Total $14,576 $2,518 $8,943 / $26,037 Revenue Commission recommendations 1. Revised funding sources are recommended. funding that is made available by the funding realic. Gas tax FEB Z ~ 200~ PI. (~ e returned to the road building program. 2. The General Fund (001) funding for the capital program should be included in the current services budget, so that grant funding can be pursued. 3. New landscape maintenance costs should continue to be funded in the Unincorporated General Fund (1 1 1 ). 4. Franchise fees are not recommended. AC.a~NI)A I~ FEB z ~ 200~ FEB Z ~t. 200~1 ~. /0 ' -- 03 0 -0 FEB 2 It 20011 ~. Catch-uP: La'hdScape (Currently identified to Fund 111 ) Landscape Plan for FYO$ *US 41 North (VBR-Immokalee Rd) *Livingston Road (GG-Pine Ridge) *US 41 East (Rattlesnake-St.Andrews) *Pine Ridge Interchange Total $261 k 812k 309 k Landscape Plan for FY06 *US 4-1 North (immo-Wiggins Pass) *lmmokalee Rd (1 1 1 th-US 41 N) *US 41 East (St. Andrews-Barefoot) Golden Gate (Collier Blvd) *US 41 North (Wiggins Pass-Lee Co) Total $283 k 61k · 691 k 630 k 377 k * Potential General Fund (001) funding. watering, etc. Capital costs relate to laying new irrigation lines, planting trees, scrubs and grass, etc. Maintenance costs include grass cutting, pruning, FEB 2 ~ 200~ Potential General Fund (001) Construction Landscape. Plan for, FY05 *US 41 North (VBR-Immokalee Rd) *Livingston Road (GG-Pine Ridge) *US 41 East (Rattlesnake-St.Andrews) *Pine Ridge Interchange Total $261 k 812k 309 k 53O k $1,91 2 k Construction Landscape Plan for FY06 · Golden Gate Interchange -GG/Airport Grade Separation · GG (Livingston to Airport) · US 41 North (Immo-Wiggins Pass) · US 41 North (Wiggins Pass-Lee Co) · lmmokalee Rd (111 th-US 41 N) · US 41 East (St. Andrews-Barefoot) Total $310k 155k 632 k 283 k 377 k 61 k 691 k $2,509 k Construction Landscape Plan for FY07 · Immokalee Rd (US41-1nterstate 75) Total $1,1 1 5 k $1,115k Construction Landscape Plan for FY1 0 ~Collier Blvd (Davis Blvd-US41 ) Total $2,1 07 k $2,1 07 k From Catch-up program Unincorporated General Fund From Gas Tax program Fund FEB Z Stormwater Management Recommendations Potential funding sources for Stormwater Management 'Individual stormwater projects were reviewed and analyzed and potential funding sources were considered. See attached project listings. 1. Stormwater management capital projects have traditionally been funded by the County-wide General Fund (001) and the Unincorporated General Fund (111 ). 2. Some stormwater projects that benefit a specific geographic area are funded by separate Municipal Services Taxing (T) or Benefit (B) Units (MSTU, MSBU and MSTBU). There can also be cost sharing where the county pays a percentage of the costs for general improvements and the remainder is paid by those who specifically benefit. 3. Several of the projects benefit future land development. The legality of creating of a specific geographic area impact fee or a benefit assessment that could be charged to the future developer should be examined. 4. A Stormwater Utility was created in 1991 by ordinance based on Florida statute. (Stormwater Utility Ordinance No. 91-27, approved by the BCC on 3/1 9/91 .) The Stormwater Utility funding mechanism was never implemented by the BCC due in part to opposition by agricultural and development interests. The ordinance may need to be amended to reflect current state law provisions regarding establishment and funding implementation for the Utility. Stormwater program grants, both state and federal, plus a Iow interest State Revolving Loan Fund are available to be leveraged if the county has a dedicated funding source. The Stormwater Utility could serve as the dedicated funding source. 5. Franchise fees could be used for unincorporated stormwater management projects, but would not be appropriate for county-wide projects, since city residents don't pay the fez. FEB 2 ~ 2~ Estimated costs The stormwater management program is estimated to be about $:320 million, $1 80 million in the 1 0 year master plan period from FY03 to FY1 2, and $1 40 million in years after FY1 2, based on information provided by county staff. Available resources in FY04, county commissioners provided about $3.2 million in project funding, in addition to $2.7 million in carryforward from FY03. In January 2004, about $1 7 million was allocated to purchase the Fleischman property to benefit the Gordon River Extension Basin project. An additional $2.7 million was provided from transportation funding for roadways. Revenue Commission recommendation.s 1. The local area benefiting from a project should pay some of the costs. Where specific areas benefit, they should pay, with reasonable county cost sharing when there are general benefits that extend beyond the limited area. This would apply to most individual projects, including the Lely project (possibly a 25% Lely, 75% county split) and the $1 29 million culvert and swale projects (possibly a 50/50 split in moderately sized MSTU's). Cost sharing percentages should be determined by specific review of the projects. 2. Projects that benefit future development should require developers to pay for the benefits they derive. Current residents should not be financially responsible to clean up areas for future land development. 3. The Stormwater management program has suffered from an inconsistent and Iow level of funding. The Stormwater Utility should be used as a dedicated funding source. The current $6 million level of funding ($3.2 million in new FY04 funding, plus $2.7 million in carryforward) can be put in the Stormwater Utility. A planned program with moderate annual FEB 2 ~ 200~ would provide a stable, long-term funding commitment that could double the annual program through cost sharing, grant matching and possible bonding. This funding process would provide significant progress in improving stormwater management in the future. For example, in FY05, an additional $4 million could be added to the program (for total new funding of $7 million in FY05), from the County-wide and Unincorporated General Funds. Then the total new funding could be increased $2 to $3 million each subsequent year (total new funding of $9 to $10 million in FY06) until the Utility reaches an adequate annual funding level as determined by a BCC-approved long range capital program. To provide a level of stability needed for a dedicated funding source, a policy stating the provision of funding for the Stormwater program should be included in the Capital Improvement Element of the Growth Management Plan. It will also be necessary to increase staffing of the stormwater management office to manage the MSTU cost sharing, grant writing and administration of the program as well as the capital improvements and maintenance of the expanded stormwater management facilities. 4. Franchise fees paid solely by unincorporated residents are not recommended. FEB Z Donna Fiala Dislzict 1 Frank Halas District 2 Tom Henning District 3 Fred W. Coyle District 4 Jim Coletta District 5 3301 East Tamiaml Trail, Naples, Florida 34112 - 4977 (239) 774-8097 · Fax (239) 774-3602 September 30, 2003 Mr. James Gibson, Chairman Collier County Revenue Commission 5041 Mabry Drive Naples, Florida 34112 RE: Board of County Commissioners Tasking of the Collier County Revenue Commission Dear Mr. Gibson: On September 30, 2003, the Board of County Commissioners held its workshop regarding (I) Transfer of Development Rights and (2) Franchise Fees. County staff from Transportation, Public Services, and Community Development and Environmental Services (CDES) Divisions made a compelling presentation to the Board as to the need for a funding source for unfinanced requirements in the areas of (1) cost differential for burying power lines, (2) median maintenanceJlandscaping, (3) beach access/boat access, and (4) stormwater improvements. At the conclusion of the Workshop, the Board directed that the Revenue Commission be tasked for their recommendation to the Board regarding the use of franchise fees or other new or increased funding sources to satisfy the identified needs in the categories listed above. A copy of the Executive Summary on Franchise Fees and the presentation slides are provided for the Commission's review. The Board further directed that the Revenue Commission present its recommendation(s) to the Board by March 1, 2004. contact Bleu Wallac? Director, CDES 0Pemtions, Should the Revenue Commission require additional information or assistance, please at (239) 659-5717. Enclosures (2) EXECUTIVE SUMMARY ADOPT A RESOLUTION CREATING THE COLLIER COUNTY REVENUE COMMISSION, AN AD HOC ADVISORY BODY. OBJECTIVE: For the Board of County Commissioners to adopt the attached resolution thereby creating the Collier County Revenue Commission, an ad hoc advisory body, whose purpose is to explore alternative revenue sources for the County. CONSIDERATIONS: On October 22, 2002, the Board of County Commissioners discussed creating an ad hoc advisory body, not unlike the Economic Advisory Council, in order to explore alternative revenue sources for the County. The concept was to engage a broad spectrum of community leaders and stakeholders in a process that identifies the County's various fiscal needs (e.g. infrastructure, services and cultural) and then explores alternatives, both public and private, for meeting these needs. The Revenue Commission will submit its written findings and recommendations annually to the Board of County Commissioners. The Revenue Commission shall initially consist of the following entities: (1) Airport Authority, (2) Black Affairs Advisory Board, (3) City of Everglades, (4) City of Marco Island, (5) City of Naples, (6) Collier Building Industry Association, (7) Conservancy of Southwest Florida, (8) East Naples Civic Association, (9) Economic Development Council, (10) Golden Gate Civic Association, (11) Golden Gate Estates AssociatiOn, (12) Greater Naples Chamber of Commerce, (13) Hispanic Affairs Advisory Board, (14) Immokalee Civic Association, (15) Naples Area Hotel/Motel Association, (16) Naples Better Government COmmittee, (17) Productivity Committee, (18) Property Owners Association of North Collier County, and (19) United Arts Council. The Board of County Commissioners may freely add to or remove an entity from the above list by resolution. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this Executive Summary. FISCAL IMPACT: None by the mere adoption of this Resolution. However, from time to time staff resources may be needed to assist the Revenue Commission. RECOMMENDATION: That the Board of County Commissioners adopt the attached resolution thereby creating the Collier County Revenue Commission, an ad hoc advisory body to the Board of County Commissioners, whose purpose is to explore alternative revenue sources for the County. L~-~"~. Ochs, Jr. ' / Deputy County Manager Reviewed and Approved by: Ramiro Mafialich Chief Assistant County Attorney Date: Date: _R-3 un-~-u: uA;Aupm ~rom- T-087 P.001/003 F-?~? RESOLUTION A RESOLIrflON OF THE COLLIER COI]INTY BOARD OF COUNTY COM1YIISSIONERS CREATING THE COLLIER COUNTY REVENUE COMlV~SSION. WI-IER~AS. on October 22. 2002, th= Board of Cou,ty Comm/ssioa=r~ di:cussed crcafiug ~ ad ho~ adviso~ body. ~ Collier Co~ Revenue Co~on. to explo~ revenue sou~e~ f~ meeting the Co~W's nume~ ~d v~ed ne~: and ~~. finding ~tmsfive mven~ so~ f~ th~ Cowry se~e$ a v~id public p~oSe: ~d ~~S. Colli~ Co~ ~di,=ee No. 2~I-~$ ~ta fo~ ~= ~uir~=,~ for adviso~ bo~es, ~ in=Jude ad h~ adviso~ commit=~. NOW, ~O~, BE ~ ~OL~ BY ~ BOA~ OF CO~TY CO~O~S OF CO~ CO~TY. FLO~ ~m: P~uant to ~ pwvision~ of Colli~ County Or~n~c~ No, ~001-~5. ~ it ~y be ~en~d ~m ~me to ~e, or ~y ~cc~s~ o~n~cc, ~e Bo~d of Coun~ Co~ssione~ h~by ~ates ~e Collier County Revenue Co~s~ion (Commission) ~ ~ ad-h~ ad~so~ co~iR~e. ~e Come.ion ~ll expi~ ei~en (18) monks aft~ i5 fi=t mc~fing im~diately subsequ~t to ap~intm~t of mem~, units te~inamd c~lier by ~e Bo~ of County Com~ssioners. ~ae Co~ission :h~l initially consist of nln=tecn (19) m~m~m. Each of the following o~aai~fions shall nominate one repws~ntafive to ~e~e on the Revenu~ Come.ion: 1. Ai~o~ 2. Bl<k AffMm Adv~o~ 3. ~ty of Ev~r~ad~ City of M~co Island 5. Ci~ of Napl~ 6. Collier Builang Indus~ 7. Cons~=cy of South~st ~ofida 8. E~t Napl~ Civic Economic Development Council 10. Goldcn Gatc Civic A~soclntlon I 1. Oolden Oatc ~mt~ As$ocln~on FEB 2 200 ..... - ........ T-OBT P.003/003 F-?3? Thia Commlasion is purely adviaory and serves at thc sole diacxction of the Board of County Commi~$ioner~. All ine~6ngs shall be open to the public and shall be governed by the Florida Government in {he Sul~hine Law. The Revenue Commission shall have the m,thority to make arty nece~a--'7 and reportable reqm~sm of staff flarough the Cotrnty Manager's Office, This P. esolution shall become effcctiv~ upon adoption by xh= Boarct of Cotmt), PASSI~D ~ DULY ADOFFED by th~ Board of County Commi~ionem of Collier County, l:Ioride, this _ U,'~ day of CY~Xre~ ,2003, ROARD 0F COLTNTY COM'b~SSIONERS COLLIER COUNTY, FLOKIDA TOM HENNLNG, Chairman 3-Il-oB R:amico Ma~alich Chief As~istam County Attomcy FEB 2 200 ........... ,.,.,,,, r~,.,,,- T-087 P-002/003 12. O~atcr Naples Chamber of Commerce 13. Hispanic Affairs Advisory Board 14. Iramol}~le~ Civic A~oci~ion i$. Natal,s Are.~ Hotel/Motel Association 16. Naples Bctier Oovcmmen£ Committee 17. Productivity Cornmht~ IlL Prot~rty Owners Association of Nor~ Collier County 19. Uni~d A-~s Council Thc Board of Coant-), Commissioncrs may freely sold [o or remove an entity from Ibc -',bo,e- mentioned li~t by rcsolutfon. F_a~h member shall serve for thc full duration of Se Revenue Corroni~ion. unless ~moved by thc 1Bom'd of Cetmty Commissioners. It shall be thc responsibility of t~c ori~inagn§ board, commit~e, council er association re m.~intain i~s re'presentation on the Revcnu~ Commission for the duration of £h¢ Commission. Any member o~ ~he Commi~ion may be removed fr~m office with or withou~ cause by a majority yore by th,' Board of County Commissioners. If any member of thc Commi~ion is absent from two (2) or more consect~ive m~'~ings wi0~ou~ -', e~cus~, such mcmI=~'s position may be declared vat,mt by thc Bom-d of County Commissioners ~s pr~$cribed by CoiNer County Ordinance Ho. ~-00 M~mbcrs of' the Commission shall elect by rn-',jori~l, vote a C]~airper~o~. a ¥icc-Chairper~or~ a~d a Secretary. The presence of' a m.~jority of the yogint member~ sh,ql constitute a quorum. Tl~e Commission may adopl mle.~ and proccdur,-s for ~he u'~ns~crio~ of bus[ne.~ and sh~li r~corcls of mcctin§s, findings and determinations. The members of ~e Commission shall serve without compensation. Thc functlo=s, powers and duties of the Commission shall be to; A. Identify- ~he infrastructure r--Cluirements, llovcrnmenLal service and c~mmuni~y needs of Collier B. Explore both l:n-iva~e and public r,'venue sources to mc~! these needs; and C. Submit wri~'~r~ fir]cii=E,~ ,'h-Id r~comrnendlltions -~r~r~u:~liy to the Board of County Commisiioners. FEB 2 200 . EXECUTIVE SUMMARY · RigVIEW A RECOMMENDATION FROM THE COLLIER COUNTY TOURIST DEVELOPMENT COUNCIL (TDC) ON THE ADDITION OF A FOURTH PERCENT OF THE TOURIST DEVELOPMENT TAX IN COLLIER COUNTY. OBJECTIVE: Report to the Board of County Commissioners (BCC) the recommendation of the Tourist Development Council at their special Work Session on January 26, 2004 concerning the adoption of a fourth percent of the Tourist Development Tax. CONSIDERATIONS: The BCC directed the TDC to review and bring forward a recommendation on the adoption of a fourth percent of the Tourist Development Tax on December 9, 2003 at a Joint BccfrDC Work Session. The TDC members discussed the possible tourist tax increase at their December 22, 2003 meeting and felt they needed additional information fi:om staff in order to make a recommendation. TDC members requested a Work Session be set up to review that additional information. At the resulting TDC Workshop on January 26, 2004, the TDC heard a staff presentation of comparative data fi:om othor Florida coastal Counties, and received input fi:om representatives of the hotel industry in Collier County. The recommendation fi:om the TDC in that January 26, 2004 Workshop was as follows: 1. Do not adopt the fourth percem for advertising and promotion at this time. 2. Provide money to the museums for promotion only. Museum operating expenses to come from the General Fund and fi:om outside grants, yielding approximately an additional $1.3 million for advertising and promotion. 3. Review the Category "C" funding, both County and Non-County owned museums for future funding. 4. The Palm Cottage restoration project (Collier County Historical Society) and the Naples Botanical Garden funding in Category "C" should remain in place for FY 04. FISCAL 1MPACT: The fiscal impact fOr each item will be presemed if the Board directs staff to pursue one or more of the recommendations. GROWTH MANAGEMENT IMPACT: There is no Growth Managemem impact with this recommendation. RECOMMENDATION: provide stair direction. Review the Tourist Development Council (TDC) recommendations and SUBMITTED BY ~IACK'W~ERT, TOURISM DIRECTOR DATE VED BY: J~M~S V. MUDD, P.E. COUNTY MANAGER EXECUTIVE SUMMARY APPROVE A JOINT RESOLUTION WITH LEE COUNTY TO PURSUE A LEGISLATIVELY ESTABLISHED EXPRESSWAY AUTHORITY TO MAKE IT POSSIBLE TO WIDEN '1-75 THROUGH TOLL FINANCING AS OUTLINED IN REPRESENTATIVE DAVIS' EXPRESSWAY AUTHORITY BILL OBJECTIVE: To obtain Board approval of the joint resolution with Lee County to pursue an Expressway Authority for the widening of 1-75 through toll financing. The attached existing version of Representative Davis' bill is currently being revised per the Tri-County meeting on February 17, 2004 and the final version as well as the resolution will be provided to the Board at or before Tuesday's meeting. The need for additional lanes on 1-75 is a high priority for both Lee and Collier Counties and at this time the construction of additional lanes in Collier County is not programmed for construction in the FDOT's work program and the planned six laning project, which is funded through right-of-way, will improve conditions on 1-75 but will not meet the existing and future traffic demand of this corridor. For this reason both Lee and Collier County staff's are recommending proceeding with the Expressway Authority Bill to establish the needed mechanism to make this happen. CONSIDERATION: Major improvements to 1-75 are needed and the financing of the estimated 600-750 million dollar project is beyond the capabilities of Lee or Collier County by themselves. The bill filing deadline is March 2, 2004 and the most recent changes to the bill as well as the resolution are being made following the discussion of this item at the Tri- County meeting with Charlotte and Lee Counties. Some of the major points of this bill are outlined below: Latest bill changes are only including the tolling of 1-75 and connecting roads to 1-75. · If approved by the Legislature and Governor, the Authority could be established after July 1, 2004 · The Board would be made up of one Lee County Commissioner selected by the Lee Commission, one Lee County resident appointed by the Govemor, one Lee County resident appointed by the Lee County Commission, one Collier County Commissioner selected by the Collier Commission, one Collier County resident appointed by the Governor, one Collier County resident appointed by the Collier County Commission and the Southwest Florida Regional Planning Council Director. The Florida Department of Transportation District Secretary will also be on the Board as a non-voting member. · The bill requires approval of the affected County Commission for any project within its jurisdiction before the Authority can proceed with it. · The bill includes a sunset provision if the Authority is not active for twelve years (if there is no outstanding debt, studies or design of projects are not underway, no projects are being constructed or not operating or maintaining any part of the system). · The bill appropriates 2.5 million in state funding to cover start-up costs. FEB 2 2004 · The Authority may enter into an agreement with the County for the pledge of County gas taxes or use of other County revenues. ,, The Authority has the power to enter into contracts with the County. · The Authority shall have no power to pledge the credit or taxing power of the County and Authority obligations for the purposes .of carrying om the provisions of the Expressway Act. · The Authority may enter into a lease purchase agreement with FDOT for the operations, maintenance, repair and renewal of the project system. The FDOT may also pay as rentals any appropriations received by FDOT pursuant to any act of the Legislature. · The Authority can condemn public property necessary to complete the project. FISCAL IMPACT: None from the County initially, the Authority may seek financial support from the Counties for the project at a later date. The bill appropriates $2.5 million to cover start up costs. GROWTH MANAGEMENT: The widening of 1-75 is consistent with the County's Growth Management Plan and the Long Range Transportation Plan. RECOMMENDATION: That the Board of County Commissioners approve the joim resolution pursuing a legislatively established toll authority. Donald Scott Director, Transportation Planning Date: Re~~~y: Feder, ' ' Tran/portation Administrator Date: No. '"'1 ~9 .... FEB 2.'q 209q DRAFT Submitted to House Bill.Drafting 1-3-04, as revised by Lee County Staff2-10-04 (Additions in double-underline; deletions in strike-through) 1 A bill to be entitled 2 An act relating to Southwest Florida transportation; creating Part X of Ch. 348, F.S., consisting of ss. 348.993, 348.9931,348.9932, 348.9933, 348.9934, 348.9935, 348.9936, 348.9937, 348.9938, 348.9939, 348.994, 348.9941, 348.9942, 348.9943, 348.9944, 348.9945, and 348.9946, rifled "Southwest Florida 8 Expressway Authori _ty"; providing a popular name; 9 providing definitions; creating the Southwest Florida 10 Expressway Authority; providing for a governing body 11 of the authority; providing for membership; providing 12 purposes and powers; providing for the Southwest Florida 13 Expressway System; providing for procurement; 14 providing bond financing authority for improvements; 15 providing for bonds of the authority; providing for fiscal 16 agents; providing the State Board of Administration may 17 act as fiscal agent; providing for certain financial 18 agreements; providing for rights and remedies of 19 bondholders; providing for lease-purchase agreement with 20 the Department of Transportation; providing the department 21 may be appointed agent of authority for construction; 22 providing for acquisition of lands and property; providing 23 for cooperation with other units, boards, agencies, and 24 individuals; providing covenant of the state; providin~ 25 for exemption from taxation; providing for eligibility for 26 investments and securi _ty; providing pledges enforceable by 27 bondholders; providing for construction and application; 28 amending ss. 349.02, 349.04, 349.05, 349.06, 349.07, 29 349.08, 349.10, 349.11,349.12, 349.13, 349.14, 349.15, 30 349.17, and 349.21, F.S.; correcting references; providing 31 for an appropriation; providing an effective date. 32 34 39 Be It Enacted by the Legislature of the State of Florida: Section 1. Part II of chapter 348, Florida Statutes, consisting of sections creating Part X of Ch. 348, F.S., consisting of ss. 348.993,348.9931, 348.9932, 348.9933, 348.9934, 348.9935, 348.9936, 348.9937, 348.9938, 348.9939, 348.994, 348.9941, 348.9942, 348.9943, 348.9944, 348.9945, and 348.9946, is created to read: 42 Part X Southwest Florida Expressway Authority 43 348.993 Popular name.--This part shall be known and may be 1 .44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 referred to by the popular name the "Southwest Florida Expressway Authority Law." 348.9931 Definitions.-The following terms, whenever used or referred to in this law, shall have the following meanings, except in those instances where the context clearly indicates otherwise: (1) The term "agency of the state" means and includes the state and any department of, or corporation, agency, or instrumentality heretofore or hereafter created, designated, or established by, the state. (2) The term "authority" means the body politic and corporate, and agency of the state, created by this part. (3) The term "bonds" means and includes the notes, bonds, refunding bonds, or other evidences of indebtedness or obligations, in either temporary_ or definitive form, which the authority is authorized to issue pursuant to this part. (4) The term "county" means the Counties of Collier and (5) "DBOM contract" means the document and all concomitant 63 rights approved by the authority providing the selected person 64 or entity the exclusive right to design, build, operate, and 65 maintain the Southwest Florida Transportation System. 66 (6) "DBOM & F contract" means the document and all 67 concomitant rights approved by the authority providing the 68 selected person or entity the exclusive right to design, build, 69 operate, maintain, and finance all or a portion of the Southwest 70 Florida Transportation System. 71 (7) The term "department" means the Department of 72 Transportation existing under chapters 334-339. 73 (8) The term "expressway" is the same as limited access 74 expressway. 75 (9) The term "federal agency" means and includes the 76 United States, the President of the United States, or any 77 department of, or corporation, agency, or instrumentality 78 'heretofore or hereafter created, designated, or established by, 79 the United States. 80 (10) The term "lease-purchase agreement" means the lease- $1 purchase agreements which the authority is authorized pursuant 82 to this pan to enter into with the Department of 83 TransportatiOn. 84 (11) The term "limited access expressway" means a street 85 or highway especially designed for through traffic and over~ 86 fi'om, or to which no person shall have the right ofeasement~ 87 use, or access except in accordance with the rules and 2 regulations promulgated and established by the authority for the use of such facility. Such highways or streets may be parkways, from which tracks, buses, and other commercial vehicles shall be excluded, or they may be freeways open to use by all customary forms of street and highway traffic. (12) The term "members" means the governing body of the authority, and the term "member" means one of the individuals constituting such governing body. (13) The term "system" means the Southwest Florida Transportation System. (14) The term "Southwest Florida Transportation System" means any and all expressways and appurtenant facilities thereto, including, but not limited to, all approaches, roads, bridges, and avenues of access for said expressway or expressways, whether tolled or non-tolled, or such other facility as the authority determines or designates. (15) The term "State Board of Administration" means the body corporate existing under the provisions of s. 9, Art. XII of the State Constitution, or any successor thereto. (16) "Proposed project" means a facility which, if constructed, will become part offhe Southwest Florida Transportation System and it shall identify the general corridor, and alignment of the facility and its limits. Further, it shall mean a project or projects which are in the long-range transportation plan of Lee County or Collier County, or both, if the proposed project is to be located in both counties. If a proposed project is in more than one of these counties, it must be included in the long-range transportation plan of each county in which it is located. (17) Words importing singular number include the plural number in each case and vice versa, and words importing persons include firms and corporations. 348.9932 Southwest Florida Expressway Authority.-- (1) There is hereby created and established a body politic and corporate, an agency of the state, to be known as the Southwest Florida Expressway Authority,@ hereinafter referred to as the "authority," encompassing Collier and Lee Counties. (2) The governing body of the authority shall consist of seven voting members and one non-votine member, as set forth in this paragraph. There shall be three votine members each from Collier County and Lee County, each of whom shall be a permanent resident of the county from which they come during the entire tenn. One of the three members from each county shall be appointed by the Governor, from a list of five candidates submitted by the res.mx:tive County Commissions. The Board of County Commissioners from Collier County shall appoint a Collier County resident and the Board of County Commissioners from Lee County shall appoint a Lee County resident. Each appointed member of the p~. ~-~ 88 89 9O 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 authority shall be a person of outstanding reputation for 123 integri _ty, responsibility, and business ability and shall have an interest in ground transportation. No elected official whomsoever and no person 124 who is an employee of Collier County or Lee County or of any .125 city within Collier County or Lee County in any capacity 126 except as set forth herein shall be an appointed member of the 127 authority. The term of each member appointed by the Governor and respective county 128 commissions shall be for 4 years. Each appointed member shall hold office 129 until his or her successor h~q been appointed and has qualified. 130 A vacancy occurring during a term shall be filled only for the 131 balance of the unexpired term. The third member from each county 132 shall be a member of that county=s commission, shall be selected 133 _by the members of the county commission, and shall serve 134 for a term of two years. Each commissioner must 135 be a member of the county commission when selected and for the 136 full extent of the term of this selection. The seventh voting member 137 shall be the Executive Director of the Southwest Florida Regional Planning Council. The tary partm fT portafi ~,:~ :~ ~-o ,~:0,'.-:~ *~,,~, 138 District One Secre of the De ent o tans on "'~ ~- 139 ..^~.~:~ r,~..:~, r. .... ~......~ · ~ ,~ .... ~.. ................... , .......... ~ shall serve as a nonvoting ex officio member of 140 the governing body. Any member of the authority shall be eligible for reappointment 141 (3Xa) The authority shall elect one of its members aq 142 chair of the authority. The authority shall also elect a 143 secretary and a treasurer who may or may not be members of the - - 144 authority. The chair, secretary, and treasurer shall hold such 145 offices at the will of the authority. Four members of the 146 authority shall constitute a quorum, and a vote of the majority 147 of those present shall be necessary_ for any action taken by the 148 authority. No vacancy in the authority shall impair the right of 149 a quorum of the authority to exercise all of the rights and 150 perform all of the duties of the authority. 151 Co) Upon the effective date of his or her appointment, or 152 as soon thereafter as practicable, each appointed member of the 153 authority shall enter upon his or her duties. 154 (4)(a) The authority may employ an executive director, it~ 155 own counsel and legal staff, technical experts, engineers, and 156 such employees, permanent or temporary, as it may require; may 157 determine the qualifications and fix the compensation of such 158 persons, firms, or corporations; and may employ a fiscal agent 159 or agents. The authority may delegate to one or more of its 160 a~ents or employees such of its power as it shall deem necessary 161 to carry out the purposes of this part, subject always to the .162 supervision and control of the authority. Members of the 163 authority may be removed from office by the Governor for 164 misconduct, malfeasance, misfeasance, or nonfeasance in office 4 ~165 166 167 168 169 170 171 172 173 174 175 176 177 178 179 180 181 182 183 184 185 186 187 188 189 190 191 192 193 194 195 196 197 198 199 200 201 202 203 204 (b) Members of the-authority shall be entitled to receive fi.om the authority their travel and other necessary_ expenses incurred in connection with the business of the authori _ty as provided in s. 112.061, but they shall draw no salaries or other compensation. 348.9933 Purposes and powers.-- (1)(a) The authority created and established by the provisions of this part is hereby granted and shall have the right to acquire, hold, construct, improve, maintain, operate, own, and lease, in the capaciW of lessor, the Southwest Florida Transportation System, hereinafter referred to as~the "system." (b) It is the express intention of this part that said authority, in the construction of said Southwest Florida Transportation System, within the geographic boundaries of Collier and Lee Counties, is limited to the pursuit of tolled expressway lanes on Interstate Highway 75 within these counties. Further, the authority shall be authorized to construct any extensions, additions, or improvements to said system or appurtenant facilities, including all necessary_ approaches, roads, bridges, and avenues of access, with such changes, modifications, or revisions of said project as shall be deemed desirable and proper, with the concurrence of the respective County. Commi$$ion~._ The responsibilities of the authority, will not be expanded to cover any other prqjects beyond 1- 75 toll lanes and appurtenant facilities unless resolutions in support of such expansion or other project are adopted by the Lee and Collier County Commissions. (2) The authority is hereby granted and shall have and may exercise all powers necessary, appurtenant, convenient, or incidental to the carrying out of the aforesaid purposes, including, but not limited to, the following rights and powers: (a) To sue and be sued, implead and be impleaded, complain, and defend in all courts. (b) To adopt, use, and alter at will a corporate seal. (c) To acquire by donation or otherwise, purchase, hold, lease as lessee, and use any franchise or property, real, personal, or mixed, tangible or intangible, or any options thereof in its own name or in coniunction with others, or interest therein, necessary or desirable for carrying out the purposes of the authority, and to sell, lease as lessor, transfer, and dispose of any property_ or interest therein at any time acquired by it. (d) To enter into and make leases for terms it deems necessary, as either lessee or lessor, in order to carry out the right to lease as set forth in this part. (e) To enter into and make lease-purchase agreements with the department for terms it deems necessary or until any bonds 5 220 221 222 205 secured by a pledge of rentals thereunder, and any refundings 206 thereof, are fully paid as to both principal and interest; 207 whichever is longer. 208 (f} To fix, alter, charge, establish, and collect rates, 209 fees, rentals, and other charges for the services and facilities 210 of the Southwest Florida Transportation System, which rates, .211 fees, rentals, and other charges shall always be sufficient to 212 comply with any covenants made with the holders of any bond.~ 213 issued pursuant to this part; provided, however, that such right 214 and power may be assigned or delegated, by the authority, to the 215 department. 216 (g) To borrow money and make and issue negotiable notes, 217 bonds, refunding bonds, and other evidences of indebtedness or 218 obligations, either in temporary or definitive form, hereinafter 219 in this part sometimes called "bonds" of the authority, for the purpose of financing all or part of the improvement or extension of the Southwest Florida Transportation System and appurtenant facilities, including all approaches, streets, roads, bridges, 223 and avenues of access for said Southwest Florida Transportation 224 225 226 227 228 229 230 232 234 System, and for any other purpose authorized by this part; to secure the payment of such bonds or any part thereof by a pledge of any or all of its revenues, rates, fees, rentals, or other charges; and in general to provide for the security of said bonds and the rights and remedies of the holders thereof. The authority may enter into an agreement between the authority and one or more counties for the pledge of county gasoline tax 231 funds, county sales tax, or other county revenues to secure any bonds issued for an authoriW project as authorized hereunder. 233 In the event the authority shall determine to fund or refund any bonds theretofore issued by said authority, prior to the 235 maturity thereof, the proceeds of such funding or refunding 236 bonds shall, pending the prior redemption of the bonds to be 237 funded or refunded, be invested in direct obligations of the 238 United States, and it is the express intention of this part that 239 such outstanding bonds may be funded or refunded by the issuance 240 of bonds pursuant to this part. 241 (h) To make contracts of every name and nature, including, 242 but not limited to, partnerships providing for participation in 243 ownership and revenues, and to execute all instruments necessary 244 or convenient for the c _arrying on of its business. 245 (i) Without limitation of the foregoing, to borrow money 246 and accept grants from, and to enter into contracts, leases, or 247 other transactions with, any federal agency, the state, any 248 agency of the state, Collier County, Lee County, and any ciW 6 249 within these two counties or with any other public body of the 250 state. 251 (j) To have the power of eminent domain, including the 252 procedural powers granted under chapters 73 and 74. 253 (k) To pledge, hypothecate, or otherwise encumber all or 254 any part of the revenues, rates, fees, rentals, or other charges 255 or receipts of the authority as security for all or any of the 256 obligations of the authority. 257 (1) To do all acts and things necessary or convenient for 258 the conduct of its business and the general welfare of the 259 authority in order to carry out the powers granted to it by this 260 part or any other law. 261 (m) With the consent of the county within whose 262 jurisdiction the following activities occur, to construct, 263 operate, and maintain roads, bridges, avenues of access, 264 thoroughfares, and boulevards outside the jurisdictional 265 boundaries of Collier and Lee Counties, together with the right 266 to construct, repair, replace, operate, install, and maintain 267 toll payment systems thereon, with all necessarg and incidental 268 powers to accomplish the foregoing. 269 (3) The authority shall have no power at any time or in 270 any manner to pledge the credit or taxing power of the state or 271 any political subdivision or agency thereof,- including Collier 272 and Lee Counties or any city within these counties, nor shall 273 any of the authori _ty's obligations be deemed to be obligations 274 of the state or of any political subdivision or agency thereof, 275 nor shall the state or any political subdivision or agency 276 thereof, except the authority, be liable for the payment of the 277 principal of or interest on such obligations unless agreed to by 278 such entity. (4) Notwithstanding powers conferred herein, before the authority proceeds with a proposed project either the Lee or Collier County Commission must approve any proposed project for the system which may be located within the geographical boundaries of that commission's jurisdiction. A quorum must be present for a vote on approval to take place. Such approval, by a majority vote of those members present, must be obtained before the authority can proceed with the preliminary design and environmental study. (5) The Authority is precluded from involvement with any furore development of County Road 951. 279 348.9934 Procurement.--The authority is authorized to 280 procure commodities and the services of a qualified person or 281 entity to design, build, finance, operate, maintain, and 282 implement the Southwest Florida Transportation System, including _7 - 283 284 285 286 287 288 289 290 292 294 296 297 299 300 the use of a DBOM or DBOM & F method using a request for proposal, a request for qualifications, or an invitation to negotiate. 348.9935 Bond financing authority for improvements.-- Pursuant to s. 11 (f), Art. VII of the State Constitution, the Legislature hereby approves for bond financing by the Southwest Florida Expressway Authority improvements to toll collection facilities, interchanges to the legislatively approved Regional 291 Transportation system, and any other facility appurtenant, necessary, or incidental to the approved system. Subject to 293 terms and conditions of applicable revenue bond resolutions and covenants, such costs may be financed in whole or in part by 295 revenue bonds issued pursuant to s. 348.755(1)(a) or (b) whether currently issued or issued in the future, or by a combination of such bonds. 298 348.9936 Bonds of the authority.-- (1)(a) Bonds may be issued on tiehalf of the authority pursuant to the State Bond Act. 301 (b) Alternatively, the authority may issue its own bonds 302 pursuant to this part at such times and in such principal amount 303 as, in the opinion of the authority, is necessary to provide 304 sufficient moneys for achieving its purposes; however, such 305 bonds ma'/not pledge the full faith and credit of the ~ate. 306 Bonds issued by the authority pursuant to this pmagraph or 307 paragraph (a), whether on original issuance or on refunding, 308 shall be authorized by resolution of the members thereof and may 309 be either term or serial bonds and shall bear such date or 310 dates, mature at such time or times, bear interest at such into. 319 320 311 or rates, payable semiannually, be in such denominations, be in 312 such form, either coupon or fully registered, carry such 313 registration, exchangeability, and interchangeability 314 privileges, be payable in such medium of payment and at such 315 place or places, be subject to such terms of redemption, and bo. 316 entitled to such priorities on the revenues, rotes, fees, 317 rentals, or other charges or receipts of the authority, 318 including any other funds received by the authority pursuant to the terms of any lease-purchase agreement between the authority and the department, as such resolution or any resolution 321 subsequem thereto may provide. The bonds shall be executed 322 either by manual or facsimile signature by such officers as the 323 authority shall determine, provided that such bonds shall bear 324 at least one signature which is manually executed thereon, and 325 the coupons attached to such bonds shall bear the facsimile 326 signature or signatures of such officer or officers as shall be lC) 327 designated by the authority and shall have the seal of the 328 authority affixed, imprinted, reproduced, or lithographed 329 thereon, all as may be prescribed in such resolution or 330 resolutions. 331 (c) Bonds issued pursuant to paragraph (a) or paragraph 332 Co) shall be sold at public sale in the same manner provided by 333 the State Bond Act. However, if the authority shall, by official 334 action at a public meeting, determine that a negotiated sale of 335 such bonds is in the best interest of the authority, the 336 authority may negotiate the sale of such bonds with the 337 underwriter or underwriters designated by the authority and the 338 Division of Bond Finance of the State Board of Administration 339 with respect to bonds issued pursuant to paragraph (a) or solely 340 the authority with respect to bonds issued pursuant to paragraph 341 (b). The authority's determination to negotiate the sale of such 342 bonds may be based, in part, upon the written advice of the 343 authority's financial adviser. Pending the preparation of 344 defmitive bonds, interim certificates may be issued to the 345 purchaser or purchasers of such bonds and may contain such terms 346 and conditions as the authority may determine. 347 (d) The authority may issue bonds pursuant to paragraph 348 (b) to refund any bonds previously issued regardless of whether 349 the bonds being refunded were issued-by the authority pursuant 350 to this part or on behalf of the authority pursuant to the State 351 Bond Act. 352 (2) Any such resolution or reSolutions authorizing any 353 bonds hereunder may contain provisions which shall be part of 354 the contract with the holders of such bonds, as to: 355 (a) The pledging of all or any part of the revenues, 356 rates, fees, rentals, or other charges or receipts of the 357 authority, derived by the authority, from the Southwest Florida 358 Transportation System. 359 (b) The completion, improvement, operation, extension, 360 maintenance, repair, lease, or lease-purchase agreement of said 361 system and the duties of the authority and others, including the 362 department, with reference thereto. 363 (c) Limitations on the purposes to which the proceeds of 364 the bonds, then or thereafter to be issued, or of any loan or 365 grant by the United States or the state may be applied. 366 (d) The fixing, charging, establishing, and collecting of 367 rates, fees, rentals, or other charges for use of the services 368 and facilities of the Southwest Florida Transportation System or 369 any part thereof. 370 (e) The setting aside of reserves or sinking funds or 9 373 374 371 repair and replacement funds and the regulation and disposition 372 thereof. (f) Limitations on the issuance of additional bonds 375 376 377 378 379 38O 381 382 383 384 385 386 (g) The terms and provisions of any lease-purchase agreement, deed of trust, or indenture securing the bonds or under which the same may be issued. (h) Any other or additional agreements with the holders of the bonds which the authority may deem desirable and proper. (3) The authority may employ fiscal agents as provided by this part, or the State Board of Administration may, upon request of the authority, act as fiscal agent for the authority in the issuance of any bonds which may be issued pursuant to this part, and the State Board of Administration may, upon request of the authority, take over the management, control, administration, custody, and payment of any or all debt services or funds or assets now or hereafter available for any bonds 387 issued pursuant to this part. The authority may enter into any 388 deeds of trust, indentures, or other agreements with its fiscal 389 agent, or with any bank or trust company within or without the 390 state, as security for such bonds and may, under such 391 agreements, sign and pledge all or any of the revenues, rates.. 392 fees, rentals, or other charges or receipts of the authority. 393 Such deed of trust, indenture, or other agreement may contain 394 such provisions as are customary in such instruments or, as the 395 authority may authorize, including, but without limitation, 396 provisions as to: 397 (a) The completion, improvement, operation, extension, 398 maintenance, repair, and lease of, or lease-purchase agreement 399 relating to, the Southwest Florida Tran.qportation System and the 400 duties of the authority and others, including the department, 401 with reference thereto. 402 (b) The application of funds and the safegmarding of funds 403 on hand or on deposit. 404 (c) The fights and remedies of the trustee and the holders 405 of the bonds. 406 (d) The terms and provisions of the bonds or the 407 resolutions authorizing the issuance of same. 408 (4) Any of the bonds issued pursuant to this part are, and 409 are hereby declared to be, negotiable instruments and shall have 410 all the qualities and incidents of negotiable instruments under 411 the law merchant and the negotiable instruments law of the 412 state. 413 (5) Notwithstanding any of the provisions of this parl, 414 each project, building, or facility which has been financed by 10 415 the issuance of bonds or other evidence of indebtedness under 416 this part and any refinancing thereof is hereby approved as 417 provided for in s. 11 (f), Art. VII of the State Constitution. 418 348.9937 Remedies of the bondholders.-- 419 (1) The rights and the remedies herein conferred upon or 420 granted to the bondholders shall be in addition to and not in 421 limitation of any fights and remedies lawfully granted to such 422 bondholders by the resolution or resolutions providing for the 423 issuance of bonds, or by a lease-purchase agreement, deed of 424 trust, indenture, or other agreement under which the bonds may 425 be issued or secured. In the event that the authority shall 426 default in the payment of the principal of or interest on any of 427 the bonds issued pursuant to the provisions of this part after 428 such principal of or interest on said bonds shall have become 429 due, whether at maturity_ or upon call for redemption, or the 430 department shall default in any payments under, or covenants 431 made in, any lease-purchase agreement between the authority and 432 the depamnent, and such default shall continue for a period of 433 30 days, or in the event that the authority or the department 434 shall fail or refuse to comply with the provisions of this part 435 or any agreement made with, or for the benefit of, the holders 436 of the bonds, the holders of 25 percent in aggregate principal 437 amount of the bonds then outstanding shall be entitled as of 438 right to the appointment of a trustee to represent such 439 bondholders for the purposes hereof; provided, however, that 440 such holders of 25 percent in aggregate principal amount of the 441 bonds then outstanding shall have first given notice of their 442 intention to appoint a trustee, to the authority and to the 443 department. Such notice shall be deemed to have been given if 444 _given in writing, deposited in a securely sealed postpaid 445 wrapper, mailed at a regularly maintained United States post 446 office box or station, and addressed, respectively, to the chair 447 of the authority and to the secretary of the Department of 448 Transportation at the principal office of the department. 449 (2) Such trustee, and any trustee under any deed of trust, 450 indenture, or other agreement, may, and upon written request of 451 the holders of 25 percent, or such other percentages as may be 452 specified in any deed of trust, indenture, or other agreement 453 aforesaid, in principal amount of the bonds then outstanding, 454 shall, in any court of competent jurisdiction, in his, her, or 455 its own name: 456 (a) By mandamus or other suit, action, or proceeding at 457 law or in equity, enforce all fights of the bondholders, 458 including the right to require the authority to fix, establish, 11 Pg. 472 473 459 maintain, collect, and charge rates, fees,'rentals, and other 460 charges, adequate to carry out any agreement as to, or pledge 461 of, the revenues or receipts of the authority to carry out any 462 other covenants and agreements with or for the benefit of the 463 bondholders, and to perform its and their duties under this 464 part. 465 (b) By mandamus or other suit, action, or proceeding at 466 law or in equity, enforce all rights of the bondholders under or 467 pursuant to any lease-purchase agreement between the authori _ty 468 and the department, including the right to require the 469 department to make all rental payments required to be made by it 470 under the provisions of any such lease-purchase agreement~ and 471 to require the department to carry out any other covenants and agreements with or for the benefit of the bondholders, and to perform its and their duties under this part. 474 (c) Bring suit upon the bonds. 475 (d) By action or suit in equi _ty, require the authority or 476 the department to account as if it were the trustee of an 481 477 express trust for the bondholders. 478 (e) By action or suit in equity, enjoin any acts or things 479 which may be unlawful or in violation of the rights of the 480 bondholders. (3) Any trustee, when appointed as aforesaid or acting 482 under a deed of trust, indenture, or other agreement, and 483 whether or not all bonds have been declared due and payable, 484 shall be entitled as of right to the appointment of a receiver, 485 who may enter upon and take possession of the Southwest Florida 486 Transportation System or the facilities or any part or partq 487 thereof, the rates, fees, rentals, or other revenues, charges, 488 or receipts from which are, or may be, applicable to the payment 489 of the bonds so in default, and subject to and in compliance 490 with the provisions of any lease-purchase agreement between the 491 authority and the depamnent operate and maintain the same, for 492 and on behalf of and in the name of, the authority, the 493 department, and the bondholders, and collect and receive all 494 rates, fees, rentals, and other charges or receipts or revenues 495 arising therefrom in the same manner as the authority or the 496 department might do, and shall deposit all such moneys in a 497 sermrate account and apply the same in such manner as the court 498 shall direct. In any suit, action, or proceeding by the trustee, 499 the fees, counsel fees, and expenses of the trustee, and said 500 receiver, if any, and all costs and disbursements allowed by the 501 court shall be a first charge on any rates, fees, rentals, or 502 other charges, revenues, or receipts derived from the Southwest 12 503 Florida Transportation System, or the facilities or services or 504 any part or parts thereof, including payments under any such 505 lease-purchase agreement as aforesaid which said rates, fees, 506 rentals, or other charges, revenues, or receipts shall or may be 507 applicable to the payment of the bonds so in default. Such 508 trustee shall, in addition to the foregoing, have and possess 509 all of the powers necessary_ or appropriate for the exercise of 510 any functions specifically set forth herein or incident to the representation of the bondholders in the enforcement and 511 512 protection of their rights. 513 (4) Nothing in this section or any other section of this 514 part shall authorize any receiver appointed pursuant hereto for 515 the purpose, subject to and in compliance with the provisions of 516 any lease-purchase agreement between the authofi _ty and the 517 department, of operating and maintaining the Southwest Florida 518 Transport~ation System or any facilities or part or parts thereof 519 to sell, assign, mortgage, or otherwise dispose of any of the 520 assets of whatever kind and character belonging to the 521 authority. It is the intention of this part to limit the powers 522 of such receiver, subject to and in compliance with the 523 provisions of any lease-purchase agreement between the authority 524 and the department, to the operation and maintenance of the 525 Southwest Florida Transportation System, or any facility or part 526 or parts thereof, as the court may direct, in the name and for 527 and on behalf of the authority, the department, and the 528 bondholders, and no holder of bonds on the authority nor any 529 trustee shall ever have the fight in any suit, action, or 530 proceeding at law or in equity to compel a receiver, nor shall 531 any receiver be authorized or any court be empowered to direct 532 the receiver to sell, assign, mortgage, or otherwise dispose of 533 any assets of whatever kind or character belon~in~ to the 534 authority. 535 348.9938 Lease-purchase agreement.- 536 (1) In order to effectuate the purposes of this part and 537 as authorized by this part, the authority may enter into a 538 lease-purchase agreement with the department relating to and 539 coveting the Southwest Florida Transportation System. 540 (2) Such lease-purchase agreement shall provide for the 541 leasing of the Southwest Florida Transportation System by the 542 authority, as lessor, to the department, as lessee; shall 543 prescribe the term of such lease and the rentals to be paid 544 545 thereunderg and shall provide that upon the completion of the faithful performance thereunder and the termination of such 546 lease-purchase agreement, title in fee simple absolute to the 13 547 Southwest Florida Transportation System as then-constituted 548 shall be transferred in accordance with law by the authority to 549 the state and the authority shall deliver to the department such 550 deeds and conveyances as shall be necessary or convenient to 551 vest title in fee simple absolute in the state. 552 (3) Such lease-purchase agreement may include such other 553 provisions, agr~ments, and covenants as the authority and the 554 department deem advisable or required, including, but not 555 limited to, provisions as to the bonds to be issued under, and 556 for the purposes of, this part; the completion, extension.. 557 improvement, operation, and maintenance of the Southwest Florida 558 Transportation System and the expenses and the cost of operation 559 of said authority; the charging and collection of tolls, rates, 560 fees, and other charges for the use of the services and 561 facilities thereof; the application of federal or state grantq 562 or aid which may be made or given to assist the authority in the 563 completion, extension, improvement, operation, and maintenance 564 of the Southwest Florida Transportation System, which the 565 authority is hereby authorized to accept and apply to such 566 purposes; the enforcement of payment and collection of rentals: 567 and any other terms, provisions, or covenants necessary_, 568 incidental, or appurtenant to the making of and full performance -569 under such lease-purchase agreement. 570 (4) The department, as lessee under such lease-purchase 571 agreement, is hereby authorized to pay as rentals thereunder any 572 rates, fees, charges, funds, moneys, receipts, or income 573 accruing to the department from the operation of the Southwest 574 Florida Transportation System and may also pay as rentals any 575 appropriations received by the department pursuant to any act of 576 the Legislature of the state heretofore or hereafter enacted~ 577 provided, however, that nothing herein nor in such lease- 578 purchase agreement is intended to nor shall this part or such 579 lease-purchase agreement require the making or continuance of 580 such appropriations, nor shall any holder of bonds issued 581 pursuant to this part ever have any fight to compel the making 582 or continuance of such appropriations. 583 (5) Said department shall have power to covenant in any 584 lease-purchase agreement that it will pay all or any part of the 585 cost of the operation, maintenance, repair, renewal, and 586 replacement of said system, and any part of the cost of 587 completing said system to the extent that the proceeds ofbonctq 588 issued therefor are insufficient, from sources other than the 589 revenues derived from the operation of said system. Said 590 department may also agree to make such other payments from any 14 Pg. 591 moneys available to said commission, said county, or said ci_ty 592 in connection with the construction or completion of said system 593 as shall be deemed by said department to be fair and proper 594 under any such covenants heretofore or hereafter entered into. 595 (6) Said system shall be a part of the state road system 596 and said department is hereby authorized, upon the request of 597 the authority, to expend out of any funds available for the 598 purpose such moneys, and to use such of its engineering and 599 other forces, as may be necessary and desirable in the judgment 600 of said department, for the operation of said authority and for 601 traffic surveys, borings, surveys, preparation of plans and 602 specifications, estimates of cost and other preliminary_ 603 engineering, and other studies. 604 348.9939 Department may be appointed agent of authority for 605 construction.--The department may be appointed by said authority 606 as its agent for the purpose of constructing improvements and 607 extensions to the Southwest Florida Transportation System and 608 for the completion thereof. In such event, the authority shall 609 provide the department with complete copies of all documents, 610 agreements, resolutions, contracts, and instruments relating 611 thereto and shall request the department to do such construction 612 work including the planning, surveying, and actual construction 613 of the completion, extensions, and improvements to the Southwest 614 Florida Transportation System and shall transfer to the credit 615 of an account of the department in the treasury of the state the 616 necessary funds therefor, and the department shall thereupon be 617 authorized, empowered, and directed to proceed with such 618 construction and to use the said funds for such purpose in the 619 same manner that it is now authorized to use the funds otherwise 620 provided by law for its use in construction of roads and 621 bridges. 622 348.994 Acquisition of lands and property.-- 623 (1) For the purposes of this part, the Southwest Florida 624 Expressway Authority may acquire private or public property_ 625 and property_ rights, including fights of access, air, view, and 626 light, by gift, devise, purchase, or condenmation by eminent 627 domain proceedings, as the authority may deem necessary for any 628 of the purposes of this part, including, but not limited to, any 629 lands reasonably necessary_ for securing applicable permits, 630 areas necessary for management'of access, borrow pits, drainage 631 ditches, water retention areas, rest areas, replacement access 632 for landowners whose access is impaired due to the construction 633 ora facility, and replacement fights-of-way for relocated rail 634 and utility facilities; for existing, proposed, or anticipated 15 635 636 637 640 641 642 643 645 646 647 648 649 650 651 transportation facilities on the Southwest Florida Transportation System or in a transpor~ati_'on corridor designated by the authority. The authority shall also have the power to condemn 658 659 any material and property necessary for such purposes. (2) The right of eminent domain herein conferred shall be exercised by the authofi _ty in the mann_er provided by law (3) When the authofi _ty acquires property for a transportation facility or in a transportation corridor, it is not subject to any liability imposed by ch~ter 376 or chapter 403 for preexisting soil or groundwater contamination due solely to its ownership. This section does not affect the fights or liabilities of any past or future owners of the acquired property, nor does it affect the liability of any governmental entity for the results of its actions which create or exacerbate a pollution source. The authority and the Department of 652 Environmental Protection may enter into interagency agreementq 653 for the performance, funding, and reimbursemeni of the 654 investigative and remedial acts necessary for property_ acquired 655 by the authority. 656 348.9941 Cooperation with other units, boards, agencies, and 657 individuals.-Express authority and power is hereby given and granted any county, municipality, drainage district, road and bridge district, school district, or any other political 660 subdivision, board, commission, or individnal in, or of, the 661 state to make and enter into with the authority contracts, 669 662 leases, conveyances, partnerships, or other agreements within 663 the provisions and purposes of this part. The authority is 664 hereby expressly authorized to make and enter into contracts. 665 leases, conveyances, partnerships, and other agreements with any 666 political subdivision, agency, or insm~mentality of the state 667 and any and all federal agencies, corporations, and individuals 668 for the purpose of carrying out the provisions of this part. 348.9942 Covenant of the state.--The state does hereby 670 pledge to and agrees with any person, firm~ corporation, or 671 federal or state agency subscribing to or acquiring the bonds to 672 be issued by the authority for the purposes of this part that_ 673 the state will not limit or alter the fights hereby vested in 674 the authority and the department until all bonds at any time 675 issued, together with the interest thereon, are fully paid and 676 discharged insofar as the same affects the rights of the holders 677 of bonds issued hereunder. The state does further pledge to and 678 agree with the United States that in the event any federal 679 agency shall construct or contribute any funds for tho_ 680 completion, extension, or improvement of the Southwest Florida 16 681 Transportation System, or any part or portion thereof, the state 682 will not alter or limit the fights and powers of the authority 683 and the department in any manner which would be inconsistent 684 with the continued maintenance and operation of the Southwest 685 Florida Transportation System or the completion, extension, or 686 improvement thereof or which would be inconsistent with the due 687 performance of any agreements between the authority and any such 688 federal agency, and the authority and the department shall 689 continue to have and may exercise all powers herein granted, so 690 long as the same shall be necessary or desirable for the 691 carrying out of the purposes of this part and the purposes of 692 the United States in the completion, extension, or improvement 693 of the Southwest Florida Transportation System or any part or 694 portion thereof. 695 348.9943 Exemption from taxation.--The effectuafion of the 696 authorized purposes of the authority created under this part is, 697 shall, and will be in all respects for the benefit of the people 698 of the state, for the increase of their commerce and prosperity, 711 699 and for the improvement of their health and living conditions, 700 and since such authority will be performing essential 701 governmental fimctions in effectuating such purposes, such 702 authority shall not be required to pay any taxes or assessments 703 of any kind or nature whatsoever upon any property acquired or 704 used by it for such purposes, or upon any rates, fees, rentals, 705 receipts, income, or charges at any time received by it, and the 706 bonds issued by the' authority, their transfer, and the income 707 therefrom, including any profits made on the sale thereof, shall 708 at all times be free from taxation of any kind by the state, or 709 by any political subdivision, taxing agency, or instrumentality 710 thereof. The exemption, granted by this section shall not be applicable to any tax imposed by chapter 220 on interest, 712 income, or profits on debt obligations owned by corporations. 713 348.9944 Eligibility for investments and security.--Any 714 bonds or other obligations issued pursuant to this part shall be 715 and constitute legal investments for banks, savings banks, 716 trustees, executors, administrators, and all other fiduciaries 717 and for all state, municipal, and other public funds and shall 718 also be and constitute securities eligible for deposit as 719 security for all state, municipal, or other public funds, 720 notwithstanding the provisions of any other law or laws to the 721 contrary_. 722 348.9945 Pledges enforceable by bondholders.--It is the 723 express intention of this part that any pledge by the department 724 of rates, fees, revenues, or other fimds~ as rentals, to the 17 725 authority, or any covenants or agreements relative thereto, may 726 be enforceable in any court of competent jurisdiction against 727 the authority or directly against the department by any holder 728 of bonds issued by the authority. 729 348.9946 This part complete and additional authority.-- 730 (1) The powers conferred by this part shall be in addition 731 and supplemental to the existing powers of said board and the 732 department, and this part shall not be construed as repealing 733 any of the provisions of any other law, general, special or 734 local, but to supersede such other laws in the exercise of the 735 powers provided in this part and to provide a complete method 736 for the exercise of the powers granted in this part. The 737 extension and improvement of said Southwest Florida 738 Transportation System, and the issuance of bonds hereunder to 739 finance all or part of the cost thereof, may be accomplished 740 upon compliance with the provisions of this part without regard 741 to or n~essity for compliance with the provisions, limitations, 742 or restrictions contained in any other general, special, or 743 local law, including, but not limited to, s. 215.821, and no. 744 approval of any bonds issued under this part by the qualified 745 electors or qualified electors who are freeholders in the state 746 or in said Collier County or Lee County, or in any city within 747 these two counties, or in any other political subdivision of the 748 state, shall be required for the issuance of such bonds pursuant 749 to this part. 750 (2) This part shall not be deemed to repeal, rescind, or 751 modify any other law or laws relating to said State Board of 752 Administration, said Department of Transportation, or the 753 Division of Bond Finance of the State Board of Administration 754 but shall be deemed to and shall .supersede such other law or 755 laws as are inconsistent with the provisions of this part, 756 including, but not limited to, s. 215.821. Section 3. Sunset of the authority's duties and powers--The powers conferred to this authority and the statutory establishment of the authority shall sunset twelve years after the enactment of this part if the authority has no outstanding indebtedness, has no studies underway, no design underway, no projects under construction and is not operating or maintaining any part of the system it was established to create. 1248 1249 1250 Section 4. Notwithstanding the provisions ofs. 338.251, Florida Statutes, there is hereby appropriated the sum of $2.5 million to initially fund the Southwest Florida Transportation 1251 System. Also, notwithstanding the provisions ofs. 338.251, 18 1252 1253 1254 1255 1256 .Florida Statutes, all or a portion of this appropriation may be used for administrative and other startup costs of the authoriW and system including, but not limited to, the hiring of an executive director, consultants, and staff. Section 5. This act shall take effect upon resolutions in support of this act being passed by both the Lee County Board of County Commissioners and the Collier County Board of County Commissioners, but no sooner than July 1, 2004 in the event the boards pass their resolutions prior to this date. 19 EXECUTIVE SUMMARY APPROVE A RESOLUTION SUPPORTING THE PRESERVATION OF THE STATE TRANSPORTATION TRUST FUND OBJECTIVE: To gain the Board of County Commissioners' approval of a resolution asking State Legislators, as well as the Governor, to preserve and not divert funds earmarked for the State Transportation Trust Fund. CONSIDERATION: Earlier this year $200 million dollars was diverted from the State Transportation Trust Fund. These funds did not come from general revenue, but were collected from transportation "user fees" - gas taxes and tag fees. These taxes are paid by Floridians for a very specific purpose - transportation maintenance and improvements. Governor Bush's 2004-2005 proposed budget calls for another $100 million dollar raid on the funds that would normally go into this fund. Additional revenues from the Rental Car Surcharge, which normally go into this trust fund may be diverted through proposed House Bill 491 and Senate Bill 1630. The word "TRUST" in the State Transportation Trust Fund should stand for Transportation Revenues Used Strictly for Transportation. The TRUST Coalition is comprised of a variety of Statewide organizations that are committed to maintaining the State Transportation Trust Fund, not only to prevent the misappropriation of these funds, but to ensure that there are monies available so that our roads and highways will be maintained for our safety as well as economic health. FISCAL IMPACT: The potential revenue cost to Collier County is unknown at this time. GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: To approve this resolution asking the Governor and State Legislators not to divert g~ tax revenues (transportation dollars) from the State Transportation Trust Fund. APPROVED BY: Date: · / Lizabeth S. Walsh Assistant to the County Manager ~la~ ~ _~_~ Date: "STOP Highway Robbery!" RESOLUTION WHEREAS, Florida's transportation system - our highways, bridges, airports, seaports, railroads, bus and rail transit systems - is the backbone of our state's economy and the foundation upon which our quality of life rests, and WHEREAS, during the 2003 FIodda Legislative Session $200 million was "redirected, raided, diverted or swept" from the State Transportation Trust Fund, and WHEREAS, these transportation funds did not come from general revenue, but were collected from transportation user fees: gasoline taxes and tag fees, and WHEREAS, these transportation user fees are taxes paid by the traveling public for a very specific purpose - transportation maintenance and improvement, and WHEREAS, to use them for any other purpose is simply wrong, and WHEREAS, in February 2003, FDOT produced a study indicating that $5.50 is generated for every $1.00 invested in the Department's Five-Year Work Program, and WHEREAS, on March 4th 2003, the Department made public a draft report showing that an additional $2.7 billion was needed each of the next 17 years -just to maintain current transportation conditions, and WHEREAS, in July, TRIP (The Road Information Program) released a report showing that Florida leads the nation in deaths for older ddvers with 268 of drivers over the age of 70 were killed in traffic accidents in Florida in 2001, and WHEREAS, we now know that taking $200 million from the Transportation Trust Fund was the wrong thing to do from a "user fee principle" standpoint, and it also failed to make economic, transportation, and safety sense. NOW, THEREFORE, BE IT RESOLVED THAT the urges Govemor Bush and the Florida Legislature to 1. "STOP Highway Robbery" in 2004, 2. Keep the "TRU$'F' in the Transportation Trust Fund, and 3. Prevent another multi-million dollar "diversion" from the State Transportation Trust Fund dudng the 2004 Legislative Session, BE IT FURTHER RESOLVED THAT the Governor is strongly encouraged to fully fund transportation and not to include a another transportation diversion in the 2004-05 budget. EXECUTIVE SUMMARY RECOMMENDATION TO RATIFY A TRI-PARTY AGREEMENT BETWEEN EVERGLADES CITY, OCHOPEE FIRE CONTROL DISTRICT AND CLUB EVERGLADES DEVELOPMENT GROUP FOR FUNDS DONATED TO PROVIDE NEEDED FIRE AND RESCUE EQUIPMENT AND TO APPROVE TItE AWARD OF BID NUMBER: 04-3604, FOR THE PURCHASE OF A POWER CATAMARAN BOAT IN ~ AMOUNT OF $43,713.50 TO TWIN VEE, INC. Objective: To obtain the Board's ratification of an existing agreement in support of donated funds for fire protection services and to obtain Board of approval for the purchase of a Power Catamaran boat to be used as fire/rescue equipment from Twin Vee, Inc. Consideration: The Board of County Commissioners is requested to ratify an existing document that acknowledges the donation of $21,000 from Club Everglades Development Group to the Ochopee Fire Control District as mandated by the City of Everglade's Development Order. (See Attachment 1) The $21,000 contribution was initially deposited into the Ochopee Fire Control District Volunteers account. As the check was actually made payable to the Ochopee Fire District, it is appropriate to account for this revenue and subsequent expenses from the Ochopee Fire Dislrict operating fund number (146). The Board of County Commissioners in a second action is requested to award Bid Number 04-3604 to Twin Vee, Inc. in the amount of $43,713.50 for the purchase of a boat to safely and properly support the fire/rescue mission of the district and island-based residential structures. A budget is already in place for this purchase under project number 500051 and is funded by impact fees. This agenda item was removed from the February l0th meeting to provide clarification and corrective action on the donated funds. Supplemental information and bid document approvals are included for reference. Fiscal Impact: The total cost of the boat to include all operational equipment with the exception of fire and rescue appliances is $43,713.50. A budget is already in place for the boat purchase under project number 50051 and is funded by Impact Fees. The $21,000.00 will be used to assist in the purchase of ancillary rescue equipment and installation of dock pilings for docking the boat in accordance with the ratified agreement. Growth Management Impact: There is no Growth Management Impact associated with this project. Recommendation: That the Board of County Commissioners ratify and acknowledge the tri-party agreement noted in attachment 1; award bid number 04-3604 as outlined herein and approve associated budget amendments. I ' ' A61il41~ ~EM Submitted bY'.'~' ~ ~~ Paul Wilson, Fire Chief Ochopee Fire Control District Date: Approved by: Emergency M g~nt Date: Attachments: Attachment 1: Attachment 2: Attachment 3: Attachment 4: Tri-Party Agreemem (Development Order) .... OPTIONAL Original Agenda Item from 02/10/04 Purchasing Director's Approval Boat Bid Tabulation No. ~/ )V'~ -- FEB 2 ~ ~00~ Pg.__ ~ ,- W00DWRRD~ PIRES, etc. Fax:239-649-73~J2 Fi O~TV OF EV~ ATTACHMENT I KI~tEE~aENT ma0e c~n Decemlaer 24, z~l, ~n Club E~ergla~ ~~ G~p, ~C, a Fl~a iimff~ liabW~ ~ny, ~minafler '~~, ~~ F~m-~ Ols~ct, a po~l ~ubdMsion ~ ~e ~3te of ~~S, ~0~ ~ a Fh~ ~vet~ment O~er ~ Ci~ on 12, 1~, ~ p~es in ~d as ~~nt ~ ~ ~ Jinx d~a~ f~ ~m p~l~n of ~ ~ ~u~nt, m~ m~b~ for f~a~ or ~h;~ C~ · ~l of 24' ~ 28' ~ ~h m~ ~~ by an m,g~ of ~ C~ e~ ~ ~u~ in~p~rto ~e lsaua~ ~ any Ce~s of ~~ ~ C~ E~s. ~ ~ ~ P~asum I~ and that ~ ~u~ in ~e ~st I~r~t of all pa~ ~~r to ~n~b~e to .O~ ~Y ~nl ~ enab~ Dist~ to a~uire fer ~r~ing ~e seM~ ~U~ un~r t~ Final ~vdop~n{ O~¢r. f~r g~ a~ ~luab~ ~a~6on m~, a~ ~ o~ to ~ement ~e te~s ~lnai ~~ent Order ~ pm~ ha~g ~ntef~ into ~1~ ~r~ment: ~e~ T~ pa~ agr~ th~ ~e ~r~o~ ~ls are ~ue a~ ~ecl and ~~r ~! pay m O~ ~ ~um of ~21 ,~0.00 t~,d ~e~ ~ on ~ ~ and d~ pllln~ ~hln ~i~ (3~) da~ from the ex~ufion O~ ~ll p~ly a~m and P~ the ves~l ~empl~t~ ~ ~u Final -1- AG.F_.~I D,,A ITEM FEB 2 2004 pg. ~ WOODWRRD, P_R~, etc, ?ax:259-649-?342 0~/08/200~ 13:85 8~36~538~e Feb 9 200~ !3:20 CITY OF EVE.:~LAOE5 fO'- P. 02 P~GE ~ p~ in ~ {he ~t ~n~mp~ by ~e Final ~p~n~ O~er, ~to~r ~t ~an ] is nol in a~l u~ by O~, 4. C~ ~11 ml~ ~e ~ (~) ~ h~n~S n~ mi~umte~ ~n P~asurm ~sla~d and ~ ~ (2) ~n~t fl~ h~mn~, ~ ~ka of t~ four (4) h~ ~11 ~ ~a i~lli~ ~ ~ h~n~. ~ ~e dale ham~ ~ ~ ~ h~Ing fund~ d~lled ~ ~~r ~t to pay ~ m~d ~s~- ~~ mil obl~n~ of ~~f ~ ~ Io fire protedion as ~mm~t~ m ~m~g on ~e ~ he~ and ~r sa ~g as ~~r ~ d~ige~ tn ~ ~~ ~ ~up~ for ~t[[ngs on P~su[e Is~nd f~ reasons mlat~g to ~ ~1 m ~ ~n ~ tim ~a~, ~U~a~ ~ ~n~te an ~al of ~ ~r~nt. Paragraph h¢~ ore for ~ p~o~ns of ~ ~e~. ~ver ~d heroin, ~e slngu~t shall ~e tho ~mtn~. ~ n~ as ~ ~ ~u~es, The p~valf~g pa~ In any ~tga~n, ap~, ColI~ ~un~. F~r~a. shaa ~ paper ~e~e for any t~on ~v~ng ~ ~ment. ~s ~r~ment m~ ~ ~ assign~ ~r det~at~ by e~er ~a~ ~e p~ ~n ~nt ~ ~ ~r ~. FEB 2 q 200q ,,,,- ¢ tEDDY, PIRES, etc. Fix:259-649-7-542 Feb 9 2004 1:5:21 P. 05 n, .tr., l~an~glng Membe~ ~ OF Lm~EROI~J~ES CITY oCHOPr~ FiI~ CONTROl. DI:~TRICT *3- FEB 2 ~ 200q p~. ,_.5 ATTACHMENT 2 EXECUTIVE SUMMARY RECOMMENDATION TO AWARD BID NO. 04-3604, A POWER CATAMARAN BOAT IN THE AMOUNT OF $43,713.50 TO TWIN VEE, INC. OBJECTIVE: To obtain Board of County Commissioner's approval for the purchase of a Power Catamaran Boat to be used as Fke/Rescue equipment from Twin Vee, Inc. CONSIDERATION: The Ochopee Fire Control District must acquire a Fire/Rescue Boat for the proper fire protection of Club Everglades. Club Everglades is an exclusive island development of unique private homes located in the Ochopee Fire Control District that is only accessible by water, there is no bridge to the island. Much research has been done to locate an appropriate vessel to provide fire and medical services to the island and the surrounding waterways. After much deliberation, the Power Catamaran has proved to be the most feasible for both usage and affordability. The company chosen, Twin Vee, Inc, has provided this type of vessel to other Fire Departments for similar use. A Fire/Rescue Boat has become essential for' Ochopee Fire Control District due to growth and the new Island expansion. On December 4, 2003, formal bid invitations were posted in the lobby of the Purchasing Building and distributed to five firms who manufacture the Power Catamaran Boat. On December 17, 2003 one bid was opened. A bid tabulation sheet is attached for review. FISCAL IMPACT: The total cost of the Power Catamaran Boat is $43,713.50 and a budget is already in place for this purchase under project number 500051 funded by Impact Fees. GROWTH MANAGEMENT 1MPACT: There is no Growth Management Impact associated with this Executive Summary. RECOMMENDATION: That the Board of County Commissioners award Bid No. 04-3604 in the amount of $43,713.50 to Twin Vee, Inc for the purchase ora Power Catamaran Boat. SUBMITTED BY: Ochopee Fire Control District REVIEWED BY: __~~. c~, ~ Stephen Y. Cat'ell, Director Purchasing/General~j~rvices ' --'~ D-an sumin~er"s, Director Emergency Management Date: Date:~ ATTACHMENT Z FEB ~ ~ 2t~ EXECUTIVE SUMMARY APPROVE A DEVELOPMENT AGREEMENT WITH V.K. DEVELOPMENT CORPORATION OF WISCONSIN, INC., WHICH AGREEMENT IMPLEMENTS THAT PORTION OF THE WENTWORTH ESTATES PUD, WHEREIN THE COUNTY AGREED THAT THE DEVELOPER WOULD RECEIVE, ON PAYMENT OF ONE- HALF OF THE ESTIMATED ROAD IMPACT FEES ($2,836,419.25), CERTIFICATES OF PUBLIC FACILITY ADEQUACY FOR 1200 DWELLING UNITS, 85,000 SQUARE FEET OF RETAIL COMMERCIAL USES, AND AN 18 HOLE GOLF COURSE, IN EXCHANGE FOR THE DEVELOPER, AMONG OTHER THINGS (1) IMPROVING THE INTERSECTIONS OF US 41/SOUTHWEST BLVD. AND US 41/NORTH ENTRANCE TO THE WENTWORTH ESTATES PUD; (2) PAYING COUNTY $392,800 TOWARDS IMPROVEMENTS TO THE INTERSECTIONS AT US 41/AIRPORT ROAD AND US 41/RATTLESNAKE-HAMMOCK ROAD; (3) PROVIDING UP TO $250,000 TO SUPPLEMENT THE FUNDING FOR THE INSTALLATION OF STREET LIGHTING BY THE COUNTY ALONG US 41 FROM BROWARD STREET TO COLLIER BLVD.; (4) IMPROVING SOUTHWEST BLVD. AT AN ESTIMATED COST OF $350,000; (5) CONVEYING, AT NO COST TO THE COUNTY, APPROPRIATE EASEMENTS ASSOCIATED WITH THE PROPOSED LELY-MANOR WESTERN OUTFALL CANAL AND LELY-MANOR EASTERN OUTFALL CANAL STORM WATER MANAGEMENT FACILITIES; AND (6) REDUCTION OF 1,000 VESTED UNITS FROM THE LELY RESORTS PUD/DRI. OBJECTIVE: To obtain Board approval of an Agreement between V.K. Development Corporation of Wisconsin, Inc. (the "Developer"), and the County. The Agreement is necessary to implement that portion of the Wentworth Estates PUD, wherein the County agreed that the Developer would receive, on payment of one-half of the estimated road impact fees ($2,836,419.25) Certificates of Public Facility Adequacy for 1200 dwelling units, 85,000 square feet of retail commercial uses, and an 18 hole golf course. In exchange for transportation concurrency vesting on this prepayment, the Developer, among other things, agreed to (1) construct intersection improvements at the intersections of US 41/Southwest Blvd. and US 41/North Entrance to the Wentworth Estates PUD; (2) pay County $392,800 towards improvements to the intersections of US 41/Airport Road and US 41/Rattlesnake-Hammock Road; (3) provide up to $250,000 to supplement the funding for the installation of street lighting by the County along US 41 from Broward Street to Collier Blvd.; (4) improve Southwest Blvd. to include two 12-foot lanes, a curb-and-gutter urban roadway cross-section with enclosed drainage, a sidewalk on each side of the road, landscaping, lighting and a bench and/or bus shelter at an estimated cost of $350,000; and (5) convey, at no cost to the County, appropriate easements associated with the proposed Lely-Manor Western Outfall Canal and Lely-Manor Eastern Outfall Canal storm water management facilities, including the outfali spreader lake and storm water pumping station components, with access. CONSIDERATION: This matter was before the Board on September 23, 2003, when it approved the Wentworth Estates PUD, Ordinance 2003-51, subject to the parties entering into a Development Agreement confirming the commitments made by the Developer. This Agreement confuras these commitments, and authorizes County Staff to issue on payment of one-half of the estimated road impact fees ($2,836,419.25) and the $642,800 for items #2 and #3 above, Certificates of Public Facility Adequacy for 1200 dwelling units, 85,000 square feet of retail commercial uses, and an 18 hole golf course. The reduction from 10,150 to 9,150 vested units for the Lely Resorts PUD/DRI was undertaken in the January 16, 2003 Agreement t ir theA~9~fll~l~lT~ Resorts PUD/DRI approved by the BCC. The Agreement contains no terms or corm tit~l~:n~ts b¥l[J FEB 1 either party which were not before, and approved by, the Board of County Commissioners on September 23, 2003. .~FISCAL IMPACT: The developer will provide the following either to the County or on behalf of the County. The advanced Impact Fees will be deposited into the Impact Fee Escrow account. All other funds will be deposited in the Gas Tax Funds. 1. $642,800 in direct cash payment to the County. 2. $2,836,419.25 advance payment of half of the estimated impact fees. 3. Road improvements worth in excess of estimated $350,000 to the County. 4. Future easement dedications to the County at a presently undetermined value. GROWTH MANAGEMENT: This project is consistent with the Long Range Transportation Plan and the Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners 'approves this Development Agreement, and authorizes the Chairman to execute the Agreement on behalf of the County and approve any necessary budget amendments. Prepared by: Jeffrey A. Klatzkow Assistant County Attorney Date: Director, Transportation Planning Gregg Strakaluse Director. ~ ransportation Engineering ~y~;.w~ and A~/~y: TN~r~t~on Administrator 2 Date: Date: Date: FEB 2 WENTWORTH ESTATES PUD DEVELOPMENT AGREEMENT No. 2003 - TR- THIS'DEVELOPMENT AGREEMENT (hereinafter referred to as "Agreement") is made-and entered into this day of - _, 200~ by and between V.K. Development Corporation of Wisconsin,/nc., a Wisconsin Corporation duly organized and -authorized,,D · to,, conduct business in the State of Florida, hereinafter referred to herein as evmoper, whose address is 19275 W. Capital Drive, Brookfield, Wisconsin 54045, by and through Sanjay Kuttemperoor, its Executive Vice President, who has been duly authorized to execute this Agreement, and THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTy, FLORIDA AS THE GOVERNING BODY OF COLLIER 'COUNTY, hereinafter referred to as "County." RECITALS: WHEREAS, pursuant to the Wentworth Estate Planned Unit Development ( UD. ) Ordinance No. 03-51, and-in furtherance of a hearing held September 23, 2003 before the Board of County 'Commissioners of Collier County, County and Developer have undertaken to confirm certain commitments with this Agreement, which commitments are fully set forth below; and WHEREAS, Developer hereby xvarrants and represents that Developer either has legal control over, or is the record tide owner of certain lands described in Exhibit "A" upon which lands improvements have been authorized as set forth in the Wentworth Estates Planned U~ Development ('PUD) Ordinance (hereinafter r~eferred DeveloPment ) attached hereto and incorporated herein bv reference, to as "the development re.the near future will be subject to the imposition o~f road impactfees;WhiChandUp°n WHEREA~ the effect of this Agreement, which is made pursuant to Collier County Land Development Code Section 3.15.7.3.3, shall be to bind the parties pursuant to the terms and conditions of this Agreement and the Certificate-of Public Facility Adequacy m order to insure that adequate public facilities for transportation concurrency reqmrements are available to serve the proposed entire Development concurrent with when the n-npacts of the Development occur on the public facilities. WHEREAS, Developer hereby warrants and represents to County that the owner of undeveloped property in the-Lely A Resort Community PUD has relinquished and transferred to Developer the vested rights to construct 1,000 dwelling units as evidenced by the attached letter to the Cotmty attached hereto as Exhibit "B"; and WHERE2kS, the parties acknowledge that the valuation of eligible anucipated construction to the County's transportation network is based upon professional opinions of total project probable costs certified by a professional architect or engineer attach, d as.Exhibit C ;and D I FEB 2 200 pgo 3 WHEREAS, after reasoned consideration by the Board of Commissioners, the Board has authorized the County Attorney to prepare this Agreement upon the Board finding that: The subject Proposed Plan, defined below, is in conformity with the contemplated improvements and additions to the County's transportation system; bo Such Proposed Plan, viewed in conjunction with other existing or proposed plans, including those from other Developers, will not adversely impact the cash flow or liquidity of the County's Road Impact Fee Trust Account in such a way as to frustrate or interfere with other planned or ongoing growth necessitated capital improvements and additions to the County's transportation system; c. The Proposed Plan is consistent with the public interest; and The proposed dine schedule for completion of the Proposed Plan is consistent with the most recendy adopted five-year capital improvement program for the County's transportation system; and WHEREAS, the Board of County Commissioners finds that the Proposed Plan is consistent with the County's e.-dstmg comprehensive plan; and WHEREAS, the Transportation Administrator has recommended to the Board of Count), Commissioners that the plan for donation and contribution set forth in this Agreement ("Proposed Plan") is in conformity with contemplated improvements and additions to the County's transportation network and that it will be advantageous to the public for Developer to pre-pay half of estimated road impact fees and, to donate and contribute certam off-site Lmprovements as described herein and in Exhibit "D" which are composed of, among other things, fa6ilities fl2at are required to be made pursuant to a development order or voluntarily made in connection with road impact construction. WHEREAS, the parties acknowledge that all construction plans, specifications and conveyances shall be in conformity with the road construction standards and procedures of the County and shall be first approved by the Collier County Transportation Administrator prior to commencement of construction; and WHEREAS, pursuant to the Wentworth Estates PUD Ordinance, the County has authorized the Developer to cause the construction or installation of the subject contribudon set forth in this Agreement within the public fight-of-way and thereafter execute any and all documentation necessary to convey the contribution to the County in conformance with the County's transportation standards; procedures, ordinances and regulations; and WHEREAS, Developer ha~ paid ($2,500.00) application for this Agreement; the Two Thousand Five Hundre~ GE DA M FEB 7. 200 WITN E S S ETH._- NOW, THEREFORE, in consideration ofTen Dollars ($10.00) and other good and valuable consideration exchanged amongst the parties, and in consideration of the covenants contained herein, the parties agree as follows: 1. All of the above recitals are true and correct and shah be fully incorporated herein and form a substantial part of the basis for this agreement. 2. The fo[lowing commitments, set forth in Ordinance No. 03-51, are hereby set forth and expressly made a part of this Agreement: The Wentworth Estates PUD shall not use Southwest Boulevard as a construction access. However, it will function as a secondary project regress/egress point for the entre project. Specific roadway improvements have been identified, as needed, to address local concurrency standards. These were identified in a report submitted in December 2002 dried "Wentworth Estates - Transportation Impact Study." The improvements to be made by the Developer are described below. Arterial level street lighting shall be provided at all development points of ingress and egress. Said lighting must be in place at any active entrance prior to the issuance of the first permanent certificate of occupancy (co). Do External project entrance improvements located at the US 41/North Entrance and the US 41/Southwesf Boulevard, such as turn lanes and median modifications, and internal roadway improvements will not be considered for impact fee credits. All such project specific improvements needed to serve the development traffic at an acceptable level of service shall be in place prior to the issuance of the £n:st CO. The following Transportation Impact Mitigation PIan will operate to alIeviate the Development's impact on the adjacent roadway netxvork: 1. No later than within ten (10) days of the date of the execution of this Agreement, the Developer shall obtain certificates of public facility adequacy. ("Certificates") for roads for all development density and intensity authorized by the PUD by prepaying to the County one-half of the road impact fees estJ_mated to be-due for all authorized development. This pre-payment shall serve to rrndgate the project's nnpacts, advance improvements to roadways expected to be impacted by the project and vest all of the r ' ' p olect s deve density and intensity for transportation concurrency require~ is esdrnated that this prepayment ("Road Impact Fee Prepa will be at least $3,500,000 based on an estimate of half of the currently applicable for road impact fees for authorized re~ ment~B mount dential -F. and commercial uses. All impact fees shall be calculated based on the fee schedule in effect on the date first mentioned above. The impact fee prepayment funds may be urili=ed by the County outside of the Road Impact Fee District m which the Wentworth Estates PUD is located. Prior to the issuance of the first CO, the Developer shall construct intersection improvements (mm lanes and median improvements) and, when warranted, install traffic signals at the intersections of US 41/Southwest Boulevard and US 41/North Entrance to the Wentworth Estates PUD. These improvements will be considered project related and will not be eligible for impact fee credits. Adclifionally, and without impact fee credits, the Developer shall contribute the sum of $392,800 to construct southbound left and eastbound right turn lanes for the US .41/Airport Road intersection (engineer's estimate of probable cost: $339,800), and a'westbound left turn lane at the US 41/Ratdesnake-Hammock Road intersection (engineer's esumate of probable cost: $53,000). These payments shall be made to the County within sixty (60) days of receipt by the Developer of the County's written request for payment of construction costs. Although two specific mnprovements have been identified above, the Developer understands and agrees that the County may determine that other improvements within the same Transportation Concurrency Management Area are more essential for the efficient operation of the transportation .system than those identified above and may elect to use these funds to construct those alternate improvements. These alternate improvements are to be made within the same Transportation Concurrency Management Area that includes the project. The Developer fully agrees to provide tkis level of flexibility to the County in the use of the above- mentioned funds. All pomts of ingress and/or egress as shown on any plan submittal are conceptual in nature and subject to change as determined by Collier County Transportation Staff. Collier County Transportation Staff reserves the fight to modify, or close any ingress and/or egress location(s) determined to have an adverse effect on the health, safety, and welfare of the public. These include, but are not limited tO, safety concerns, operational circulation issues, and roadway capacity problems. Any and all median opening locations will be in accordance with the Collier County Access Management Policy, as amended, and' Land Development Code, as amended. Median access and control will remain under the authority of Collier Countw. Collier County Transportation Staff reserves the right to modiq or close any '~edian~ope~~A determined to have an adverse effect on the.health, safety, and the. public. These effects may include, but are. not limited. ~, sa. ~[~ concerns, operational circulation issues, and roadway capacity problems. Nothing in any development order w/l/vest the r/ght of access over and above a right in/right out condition. Neither will the e-xSstence, or lack of, a future median opening be the basis for any future cause of action for damages against the County by the Developer, its successor(s) in title or assignee(s). The Development shall be designated to promote the safe travel of all users including pedestrian s and bicyclists. Pedestrian travel ways shall be separated from vehicular traffic in accordance with recognized standards and safe practices. Jo The Developer, ~ts successor(s) in title, or assignee(s), w/il be responsible for the cost of any traffic signal at any development entrance when deemed warranted and approved by Collier County Transportation Staff. Traffic signals shall be owned, operated and maintained by Collier County. K. The Developer shall provide compensating right-of-way from project lands under the Developer's control for al/ project specific turn lanes necessary to serve the project. L. All internal access(es), drive aisle(s), s/dewa[ks(s), etc. not located wit_fin County right-of-way xvill be privately maintained by an entity created by the Developer, its successor(s) in tide, or assignee(s). M. The Developer agrees to provide shared access if, in the opirfion of Collier County Planning and Transportation Staffs, such shared access is physically and economically feasible based on the site plans submitted by the Developer or adjacent developments, as long as this does not result ha relocation, or modification of the r ' ' p oject s planned entrances onto US 41. If a gate is proposed at any Development entrance it shall be designed so as not to cause vehicles to be backed-up onto any adjacent roadway or intersection affecmag safe and efficient operations on County or State r°adwaTs. The minimum depth to the development key pad/phone box and turn-around area in front of any such gate shah be no less than 100 feet. Collier County reserves the rig~ht to impose a stricter requirement if site-specific conditions warrant. The Developer reserves the right to make mochficadons to the Typical Spine Road Sections to enhance the roadway and streetscape aesthetics and appeal of the development. Modifications will protect the quali~ and quantity of on-site wetlands, and may help to better ch ;play~~ -=e~o'4pd natural areas. Modifications may also reduce overall traffic sir provide enhanced opportuniues and experiences for pedest~ bicychsts. All-modifications that are made will be subject County Standards. 2 200 In areas adjacent to wetlands, the Developer reserves the ~ight to make modifications to the Typical Spine Road Section (within the 100-foot right-of-way) to include the following: Changing the six-foot sidewalk on one or both sides of the roadway to an 8-foot multi-use path. Allowing a variable width median that may vary between 10 feet and 40 feet. Modifying the typical 4:1 slope at the edge of the right-of-way to other grading solutions as conditions permat. In areas adjacent to uplands, the Developer reserves the right to make modifications to the Typical Spine Road Section to include the following: Allowing a variable width right-of-way that may va~ between 100 feet and 150 feet. Changing the 6-foot sidewalk on one or both sides of the roadway to an 8- foot multi-use path. Allowing a variable width median that may va~w bep~zeen 10 feet and 90 feet. The Developer shah improve Southwest Boulevard to include txvo 12- foot lanes, a curb-and-gutter urban roadway cross-section tvith enclosed drainage, and a sidewalk on each side of the road. These improvements will .be designed to de into the existing roadway network and improve area drainage. Improvements to Southwest Boulevard shall also include landscaping and lighting and shall improve the rurmng movement geometry at the intersection of Southwest Boulevard and US 41'. These improvements shall be part of the Phase 1 construction plans and shall be reviewed and approved by Collier County. A bench and/or bus shelter shall also be included in the construction plans with the design and location coordinated by Collier County. The Developer shall provide up to $250;000 to supplement the funding for the installation of street lighting by the County, along US' 41 from Broward Street to Collier Boulevard. This payment shall be made to the County within sixty (60)days of receipt by the Developer of the County's written request for payment. The Developer shall provide the County with appropriate e: associated with the proposed Lely-Manor Western Outfall C= Lely-Manor Eastern. Outfall Canal storm water management including the outfall spreader lake and storm water pumping al and components, in order for the County to properly access, operate, and maintain said facilities. The easements shall provide cleat and uninterrupted access from U.S. 41. The easements shall be provided at no cost to the County within 120 days of either the Developer's construction of the Lely-Manor Western Out£all Cana~ and/6r Lely- Manor Eastern Outfall Canal storm water management facilities, including the outfall spreader lake and storm water pumping station; the platting of the property; ot the County's written request for the easement dedications, whichever occurs first. 3. The estimated Road Impact Fee Prepayment set forth in the Wentworth Estates PUD of $3,500,000.00 (one-half of the estimated Road Impact Fees) was 5ased on the PUD application request for 1500 dwelling units, however, the request was reduced at the PUD hearing to 1200 dwelling un/ts. Based on the reduced dwelling unit count of 1200 dwelling units approved in the PUD, the Road Impact Fee Prepayment (one-half of the estimated Road Impact Fees) to be paid by Developer is $2,836,419.25. The Road Impact Prepayment shall be allocated and Certificates issued for the following numbers and types of dwelling un/ts together with 85,000 square feet of retail commercial uses and an eighteen hole golf course and clubhouse: 496, Single Family Units (4,000 square feet) > 576, High Rise Condominium/Multi-Family Units 128, Non-High Rise Condominium/Multi-Family 'Units Current policy allows the types of residential uses for which Certificates are issued to be changed ro other types of residential uses, and the parties agree that Developer and its successors and assigns shall have the right under this Agreement to make such changes even if the current policy is changed. 4. The failure of this Agreement to address any permit, condition, term, or restriction shall not relieve either the Developer or its successors of the neces_sity of complying with any law; or 'dinance, in.de or regulation governing said permitting, requirements, conditions, or terms of restrictions. 5. This Agreement shall not be construed or characterized as a development agreement under the Florida Local Government Development Agreement Act. 6. Except as otherwise provided herein, this Agreement shall only be modified or amended by the mutual written consent of the parties hereto or by their successors in interest. the Agreement shall inure to, all successors in interest to the parties to this Agreem~ 8. The performance and execution of this Agreement shall be carri conformance v~th the Risk Management Guidelines established by the Corn The burdens of this Agreement shall be binding upon, and the benefits of Management Department as more particularly described in Exhibit "F" attached hereto and incorporated herein by reference. 9. This Agreement shall be recorded by the County in the Official Records of Collier County, Florida within fourteen (14) days after the County, by its duly authorized Chairman, executes this Agreement. A copy of the recorded document will be provided to Developer. 10. In the event of a dispute under this Agreement, the parties shall f~rst use the County's Alternative Dispute Resolution Procedure as described in Exhibit "G". 11. Any party to this Agreement shall have the ability to fzle an action for injunctive relief in the Cixcuit Court of Collier County to enforce the terms of this Ag-zeement, said remedy being cumulative within any and all other remedies available to the parties for enforcement of this agreement. 12. The credits for the Road Impact Fee Prepayment and the Certificates _:identified herekq shall run w-ith the lands, as described in Exhibit "A" and shall be reduced by the entire amount of each Road Impact Fee due on the f~tst building peru-fit issued thereon and each successive building permit until the project is either completed or the credits are exhausted or otherwise no longer available. It shall be Developer's or a subsequent record titteholder's (of all or a poruon of the Property; ~.e. lot/tract purchaser) obligation to notify, the County that a credit is available, each time a building perrmt ~s applied for. If a credit is available, it shall be deducted from the available balance. All credits and Certificates shall be freely assignable throughout the lands set forth in the area described in Exhibit "A". 13.. The impact Fee Credits ("Road impact Fee Credits") available under this Agreement shall be used to evidence payment of Road Impact Fees and to obtain Certificates of Public Facility Adequacy for transportation concurrency requirements for the entire development density and intensity authorized by Ordinance No. 03-51. 14. An annual review and audit of performance under this Agreement shall be performed by the County to deter_mine whether or not there has been demonstrated good faith compliance with the terms of this Agreement and to report the credit applied toward of Road Impact Fee Prepayments and the balance of available unused credit. If the Collier County Board of Commissioners finds, on the basis of substantial competent evidence, that there has been a failure to comply with the terms of this Agreement, this Agreement may be revoked or unilaterally modified by the County. 15. Not later than 90 days prior to the expiration of the three year period for such Certificates, the County shall notify the Developer via registered mail of the remaining balance due for the estimated transportation impact fees up to 50 percent, based on level Of building perm.its already issued. The balance of the impact fees due will be calculated at the rate schedule then currently applicable. The Developer may elect to pay the balan, estimated transportation impact fees for the entitlements for which the Certificates modify the Certificates to a lesser entitlement and calculate the balance of the ttans] impac~ fees on the revised entitlements. The Certific.ates shall be modified to inct the~ entidements-for which the estimated transportauon n'npact fees are paid. ( ~- nf the ,de oF' iB 2 200q ~ce the balance' of the estimated transportation impact fees are paid, those estimated fees are non- refundable. However, the Certificate runs continuously with the land in perpetuity after all estimated transportation impact fees have been paid. As building permits are drawn down on the entidements, the estimated transportation impact fees akeady paid shall be debited at the rate Of the impact fees in effect.at the time of utilization. If the estimated transportation impact fee account becomes depleted prior to the bui]dout of the Development, the Developer shall pay the currently apphcable transportation impact fee for each building permit in full prior to its issuance. In the-event that upon build-out of the Development estimated transportation impact fees are still unspent, the remaining balance of such estimated fees may be transferred to another approved project within the same, or adjacent, transportation impact fee district, provided any vested entitlements associated with the unspent and transferred transportation impact fees are relinquished and .the Certificates are modified to delete those entit)ements. 16. The off-site improvements, if any, shah exclude any access improve, ments. t7. The part/es acknowledge that the donauon and/or contribution are characterized as work done and property rights acquired by a highway or road agency for the improvement of a road within the boundaries of a public right of way. 18. Any future reimbursement for excess impact fee credits shall come from future recmpts by the County of road 'impact fees. However, no reimbursement shall be paid until such dine as all development,, as defined by the transportation administrator, at the location that was subject to the credit has been completed. Such reimbursement shall be made over a period of five (5) years for the completion of the Development. 19. The Road Impact Fee Credit and Certificates granted shall only be for Road Impact Fee Prepayments, and does not include contributions made to the'transportation network to accommodate growth and which were made within the respective Road Impact Fee District wheJ:e the road impact construction is located. 20. The Road Impact Fee Credits provided in this Agreement for shall be a credit only against Road Impact Fees and that such Road Impact Fee Credits shall not offset, diminish .or reduce any other charges, fees or other impact fees for which the Developer, its successors and assigns are responsible in connection with. the development of their lands. 21. Developer shall keep or provide for retention of adequate records and supporting documentation which concern or reflect total project cost of construction or installation of any improvements to be contributed. This information shall be available to the County or its duly authorized agent or representative, for audit, inspection, or copying, for a minimum of five (5) years from the termination of this Agreement. 22. Except for any future reimbursement as provided in Paragraph 18 above, this Agreement shall terminate upon completion of the Development. 23. The burden of this Agreement shall be binding upon, and the benef Agreement shall inure to, ail successors in interest to the parties of this Agreement. " DA ~M FEB 2 200q Pg. 24.- The parties agree that the contribution of construction for Southwest Boulevard shall reach final completion by December 31, 2005. 25.. TI-ds Agreement shall be modified or revoked as ~s necessary to comply with relevant state or federal laws, in the event state or federal laws are enacted after the execution of this Agreement, which are applicable to and preclude the party's compliance with the terms of this Agreement. IN WITNESS WHEREOF, executed by their appropriate officials, AS TO COUNTY: Attest: DWIGHT E. BROCK, Clerk the parties hereto have caused this Agreement to be as of the date first above writ-ten. By:. By: Deputy. Clerk BOARD OF COUNTY COMMISSIONERS TOM HENNING, Chairman WITNESS ES: V. K. DEVELOPMENT CORPORATION A Wisconsin corporation Sanlay Kuttemperoor, Its Executive Vice President COUNTY OF /4/1~:LL4'~/~_?-5,/9~-- ~r~.The foregoing Agree}nent was acknowledged before me this _~5~/day of ~/~r/.~9_j/~_ ,200~, by Sanjay Kuttemperoor, as the Executive Vice President of V.K. Developm{~t Corporation. He is ~ personally known to me, or [ I has produced driver's license no. as identification. NOTARY PUBLIC (Type or Print) My Commission Expires: Approved as to form and legal sufficiency: FEB 2 FEB :2 ~i 200~ Exhibit "A" Exhibit "B" Exhibit "C' Exhibit "D'" Exhibit "E" Exhibit "F" Exhibit "G" 1JST OF EXHIBITS ATTACHED TO AGREEMENT Legal Description and graphic rendering of the Development. Letter ro County regarding vested rights to construct One Thousand (1,000) dwelling units. Professional Engineer's Estimate of Probable Cost of Construction. A legal description and graphic rendering of donated Contribution of CoDstrtlcEion. Intentionally Omitted A Copy of the Risk Management Guidelines applicable to this Agreement. Collier County's Alternative Dispute Resolud0n Procedure FEB 2 Exhibit A 1 of 5 PARCEL 1 Description of Part of Sections 29, 30 and 31 Township 50 South, Range 26 East Collier County, Florida ' , Beginning at the northwest corner of said Section 30; thence alonq the-north line of said Section 30, North 88923'16" East, 2491.52 feet; thence continue a~ong the north line of said Section 30 Nortk 88"13'29" East 1636.98 feet to the southwesterly right-of-way of Tamiami Trail (US 41) (200' right-of-way); thence along said right-of-way South 39°03,42" East 2333.04 feet; thence leaving said riqht-of-way South 38°17,43" West 581.30 feet; thence North 89"34'42" West 348.55 feet; ~hence South 02"48'31" West 308.99 feet; thence South 88?28'28" West 30.00 feet to the east quarter corner of said Section 30; thence alon~ the north line of those.lands described in Official Records Book (OR Book) 105, pages 595-597 and OR Book 105, Pages 592-594, Public Records of Collier County, Florida, South 87°14,44" West 683.13 feet; thence along the west line of said land described in OR Book 105, pages 592-594 South 00°20,37'' West 672.63 feet; thence along the south line of said lands North 87"26"41" East 654.42 feet to the west line of Myrtle Cove Acres Unit No. 1 as recorded in Plat Book 3, pa~e 38, Public Records of Collier County, Florida; thence along the west line of said Unit No. 1 South 02"45'35" West 1919.99 feet to the southeast corner of said Section 30; thence along the east line of said Section 31, South 02"45'30" West 2335.35 feet; thence South 83"30'57" West 1549.05 feet; thence North 56°1D,37- West 816.27 feet; thence North 89°29,19" West 558.68 feet; thence North 01"35'00" East 1675.69 feet; thence North 89"27'15" West 508.31 feet; thence South 70°33,22" West 1109.51 feet; thence due West 357.35 feet to the west line of said Section 31; thence along the west line of said Section 31, North 00°19,55" East 412.36 feet to the northwest corner of said Section 31; thence along the west line of said Section 30, North 00"20'37" East 2685.56 feet to the west quarter corner of said Section 30; thence continue along the west line of said Section 30, North 00°22,18" East 2687.69 feet to the said Point of Beginning; LESS ~U%TD EXCEPTING THAT 5.35 ACRE PARCEL OF IJ~kTD described in OR Book 192, pa~e 514, Public Records of Collier County, Florida. Containin~ 730.962 acres, more or less. ALSO INCLUDING THE FOLLOWING: PARCEL 2 Florida:Description of Part of Section 32, Township 50 South, Range 26 East, Collier Counsy, Be~irknin~ at the southwest corner of said Section 32; thence alon~ the west line of said Section 32, North 02"48'47" East, 2394.57 feet; thence leaving said west line North 59"56'01" East 2041.35 feet to the boundary of the plat of Trail Acres Unit 2, P~at. Book 4, page 62, Collier County, Florida; thence along said plat boundary South 39°03 07 East 1309.16 feet; thenqe continue along said plat boundary North 50°55,09,, East 762.41 feet; thence leaving said plat boundary South 39°04,51,, East 430.46 feet; thence North 50°58'21" East 199.96 feet to the boundary of the plat of Trail Acres Unit 3, Plat Book 3, page 94, Collier County, Florida; thence along said plat boundary South 39"01'39" East 962.19 feet; thence continue along said plat boundary South 87°34,19" East 1003.95 feet to the east line of said Section 32; thence leaving said plat boundary and along said east line, South 02"32,54- West t912.12 feet to the southeast corner of said SecTion 32; thence along the south line of said Section 32, North 89°40,29" West 2625.95 feet to the south quarter corner of said Section 32; thence continue along the south line of said Section 32, North 89"40'08" West 2625.60 feet to the said Point of Beginning; Containin~ 313.76 acres, more or less. No., FEB lllllt I L_ O~ ~ ~ ~0 ~ 0 ~zo~ ~ ~z~ o~u< ~ ~ z~z ~0 ~ ~O~Z~<~ ~0~ ~o ~o~>gzo8 ~ o ~ ~o~ ~ ~ ..... e == z~z ~ ~ ~ 0~ ~z ~ ~z~z 0 ~<~ _~ z~ z~ 0 -z z_ Oz~=~ :z ~ ~z< ~5~ -=~o - § .... <- ~>o~e~ §~~<~ o < Oo ~0 Exhibit So~pt~nber 23, 2003 Collier County Board of County Comrnisdoners Collier COunty Oov~nt Compl~x 3301 East Tamiami Trail Napl~, Flodda 34112 Re: Lely, a Resort Community PUD Dear Comm/sslonera: Th/s l~tter is g/yen to Collier County by gtock D~vdopment Corporation. a Flor/da corporation ("Stock Dcvelopment")'in relation to thc rezoning petit/on for thc Lely Lakes subd/visiom Stock Development WIll bec. omc th~ ~r devoloper to Lely D~vel. opmmt Carpo~on for thc commun/~ somet/me~ refc~d to as Lely, a l~ofl Commtm/ty ("Lely Kesort') by v/rtuc of the acquisition of various parcels of real propctVy' w/thin th~ boundarie~ 0f Lely Resort nr~d a writtoa agreement between Lely D~velopme~t Corpoi-at/cra and Stock Development. The d~vclopment right, and ccuu~tmeats applicable to T_~ly R.~oft are described in Collier Cout~ty O~IL~c~ 92-15, as amrnfl~ by Collier County Ordinance No. 92-38 (tho "Lely R~ort PI.K)"). Sect:ion 2.06 of tim Lely l:~sort loUD provides that~ within.the real property described in the PL'nD, the d~'eloper may con~ a maximum uumb~ of IO,1SO dwe{l?ng units. By thia correSPondence, Stock Developmeut, a~ the future successor developer, commits to a .,~luc'don in the maximum number of dwelIiug unite for Lely Resort from the 10.150 units odglnaliy authorlzocl und~ tho L~ly Re~crrt PUD to 9,150 dwelling xmits; provided, however, tlrmt tho units eHminated shall 0nly be multi-fanuqy unit~ ~,t!_ th/s cousen~ to reduce the maximum permitted dcnsity for Lely Resort shall tmvc no effect on th~ munber of ~tgl~mily units_ available for development. Aceordlngly, the total number of dwelling units may not exeeed 9,150 units which shall be allocated as 1,850 ~ingle fam/ly' unit~ and 7,300 multi-faufily units. The allocation of units may be adju~'axl as provided in Section 207 of time IUD. Tkis cement by Stock Development is given in connection with the original rezoufiag petition for tho Lely Lakes subdivision and can be relied on by Collier County;, provided, however, that in the event the rezoning petition for Lely Lake{ is not approved by the Board of Coumy Cornm;_qsioners for any reason or no reason, th/s ooment by Stock Development .~{~{l bo of no force or effect. Stock Development does not own all remaining, undeveloped prop=ties withi~ Lely Resor~. Tho pul'pose of thJg letter i~ to merely acknnwlodgc Stock Dew. Jopmem'{ eon{ent to a reduction in detmity in Lely Resort. Nothhg contained heruln shall obligate Stock Development to implement the 1,000 deusity reduction moldy on property that Stock Development owm, but rather mmh density reduction shall be an overall reduction of dea~ity with;,, Lely Re~ort. $6cjZ ST~,~O COO~.T. S,(TE I N~.I,L~:. fLo~lo4 3.4110 Phone, STOCiC D]~VlU~Op~ CORPORATION, AGENDA I;~bM FEB N It} CHRISTOPHER D. HAGAN, P.E, STATE OF FLORIDA Professional Engineer Regi'~ Raples F1 34'1 EB #000064 AG ' A , FEB 2..~t'.200~!< ~G, ~NC o AG, F. fI~O~ ~ No., l U) /~ ~ FEB 2 ~1 201~ <o A~ 0 CHRIS'[OPHER D. HAGAN, P.E STATE OF FLORIDA Professional Engineer Re istrat~or~'No. 38649 2350~ ~urt .... - ' Naples FL ,'- 112 ~oooo ~.~. a~ LOD~L:O~ -- ~'00~ '~ 100 H~X.L (~.le~qs) 6'~P'(3A-laAA, SOS~6~p'~9 J:~20023436X, PSP~Plon ond Profile~,$outhwest Blvd.dwg (Sheet1) )0 5rd Street Oct 24. 2003 - 8:47am 7fh Sfreef 0 Q 2nd Sfreef 1 sf Sfreef 41 MATCH LINE 6fh Sfreef 5fh Sfreef 4fh Sfreef FEB '2 ~ S'TA .1 1 4-~ EXHIBIT "F" Risk Management Guidelines Developer shall maintain the required Commercial General Liability insurance in full force and effect, for the duration of all road construction set forth in this Agreement, until all improvements are accepted by the County pursuant to the terms set forth herein. The area insured must include the area set forth in Exhibit "C" to this Agreement. Developer shall maintain Commercial General Liability Insurance in limits of not tess than $1,000,000.00 per_occurrence combined single limits. Coverage shall be written on an occurrence form. Developer shall name Collier County as an' additional insured on said policy, or a current Phase I Environmental Study of the property. No., ' I~)"r ./ · COLLIER COUNTY ALTERNATIVE DISPUTE RESOLUTION PROCEDURES o .INTRODUCTION: Florida law provides that written arbitration agreements are valid, irrevocable and enforceable. Unless otherwise provided for herein, the provisions of Florida Statutes, Chapter 682.01 et seq. shall be controlling. These provisions provide a mechanism to resolve claims or disputes that could potentially lead to litigation in construction contracts. The object is to attempt to settle claims by mutual agreement or to make a good faith effort to settle clai ms and disputes prior to litigation in court. The methods involve binding arbitration and pre-suit mediation. Arbitration is a quasi-judicial approach in which a dispute is resolved by a trier of fact after presentations by opposing parties. Its purpose is the speedy and economical resolution of disputes. Arbitration is traditionally a less formal process than court litigation. Mediation is a method used to settle disputes using an impartial person who listens to presentation by both sides and facilitates settlement negotiations between the pa~ies. Collier County will utilize the Twentieth Judicial Circuit Court Mediation and Arbitration Program, [hereinafter "Court Program"], to facili rate these procedures. DEFINITIONS: 2.1 Claim: A demand by either party to a contra.ct for an equitable adjustment of payment under a Collier County construction contract. A claim should cover all unresolved disputes existing at the time of presentation to arbitration or mediation. 2.2 Evidence: Oral testimony, written or printed material or other things presented to the arbitrator[s] or mediator[s] as proof of the existence or nonexistence of a pertinent fact. JURISDICTION. 3.1 A claim that does not exceed $250,000.00, excluding interest claimed, shall be submitted to binding arbitration. The parties may, by mutual consent, agree to a one-person or single arbitrator panel. Aggregate claims may total more than $250,000.00 for binding arbitration; but no single claim may exceed that amount. No.~ It,..)' 1'2 FEB 3.2 A claim in excess of $250,000.00 brought pursuant to a construction contract with the county shall be submitted to mediation or binding arbitration if voluntarily agreed to by all parties. All ~claims less than-$250,000.00 and all non-monetary claims brought pursuant to a construction contract with the county must be submitted to binding arbitration. 3.3 Prior to the institution of any litigation in a circuit court against Collier County, this Dispute Resolution process must be initiated. 3.4 Once the dispute resolution procedure has been initiated, a court of law may not consider the issues involved in the claim(s) until the dispute resolution process has been completed. 3.5 The claim must be a dispute'between the County and the prime contractor. 3.6 The claim must be related to issues in dispute, which have been previously submitted in good faith to the County pursuant to this procedure and could not be resolved by negotiation. 3.8 Pendency of a claim or arbitration or mediation of a dispute shall not be a basis for delay of the contractor's performance under the contract. 4. INITIATING DISPUTE RESOLUTION PROCEDURE: 4.1 Either party shall initiate a request for mediation or arbitration within thirty (30) calendar days after a denial of the claim after negotiation by County staff or no later than forty-five (45) calendar days after knowledge of a claim by claimant, in any event, no claim shall be made after the date when institution of legal or equitable proceedings based on such claims would be barred by the applicable statute of limitations. 4.2 Upon request, the County will make available to any party wishing to initiate arbitration or mediation, a procedural package containing the necessary forms. The forms shall include a Notice of Claim, a Request for Negotiation, a Request for Arbitration and a Request for Mediation. The County's Purchasing Department shall have these forms available and they will be included in the County's bid package. 4.3 Either party to the contract may initiate arbitration or mediation of a claim by submitting a Request for Arbitration or a Request for Mediation Claim Form to the Purchasing Department. The initiating party must indicate on 'the form whether or not they will be represented by counsel during the heating and may indicate a desire to resolve the claim based solely on a submittal of documents by the parties with no hearing. 4.4 The Claim Form shall be accompanied by: 2 5.1 5.2 5.3 a. A brief summary of the nature of the dispute involved in each part of the claim. b. The amount of compensation being requested for each part of the claim along with supporting information. Copies of additional written information, not previously submitted under Section 3 including exhibits, intended to be used during the hearing to support the claim, excluding the contract documents. It is suggested that information be assembled in a tabbed notebook for ease of reference. Contract Time analysis if a Release of Liquidated Damages is included in the claim. No new or different claim, other than a change in the amount claimed, will be allowed once the time and date for the hearing has been set. If the arbitration panel or mediator determines that information known to a person not in attendance at the hearing or the mediation is essential to arriving at its decision or for the fair exercise of the mediation process, he or she may obtain a written affidavit from that person and enter such statement into the record. ADMINISTRATION OF ARBITRATION.- The respondent shall prepare a rebuttal to the claim and furnish a copy to the party requesting arbitration and to each of the members of the panel so that it ~s received at least fourteen (14) calendar days prior to the date scheduled for the hearing. The County shall set a time and date for an arbitration hearing within 21 calendar days 'after receipt of the Request. In scheduling the time allotted for a hearing for complex claims, consideration will be given to the need for the greater amount, of testimony or other information required in order for the arbitrators to gain a complete understanding of the issues, and if a party ~,,~oLo additional time, the arbitrators selected may continue the matter in 7-calendar day increments. A request for a continuance must be submitted to the arbitrators no later than 48-hours prior to the commencement of the hearing. Once arbitration has begun, it may only be continued in 24 - hour increments. The parties are expected to cooperate fully with each other in exchanging information prior to the hearing. In general, it is expected that the >arties will have exchanged all documents relating to the claim during negoti~ ~onsAoF..ND/0i.i.~ between them prior to arbitration being initiated. In any event, f~ll~. ~O.~--'-~ FEB 2 200 exchange of documents shall be completed no later than seven (7) calendar days prior to the date set for the hearing. Generally, introduction of documents will not be allowed during the hearing which have not been previously been revealed to the other party. 5.4 Depositions and interrogatories will not be allowed except upon an order from the arbitrators to take sworn testimony of an unavailable witness. INVOLVEMENT OF ATrORNEYS IN AN ARBITRATION HEARING: Counsel or another person .who has sufficient authority to bind that party at any hearing may represent a party. A court reporter will be Present, unless waived by both parties. a. The hearing will be informal and involvement of attorneys,, if desired, is expected to be minimal. b. The parties shall have full opportunity to offer such evidence as is relevant and material to the dispute. Unnecessary extensive examination or cross-examination or extensive argument of legal points by attorneys representing the parties will not be permitted. The arbitrators may limit examination and argument as they deem appropriate. CONDUCT OF EVIDENTIARY HEARING IN ARBITRATION: 7.1 The County or court reporter if present shall administer an oath to all persons who are to testify during the hearing. 7.2 Documents will be accepted and identified for the record. 7.3 Distinct and severable parts of a claim maybe dealt with separately. 7.4 The order of proceeding will be for the party initiating arbitration to first present evidence to support their claim. At the beginning of ~eir initial presentation, a party shall present a succinct statement of the issues and a position on each issue. Orderly discussion between the parties as evidence is presented will be allowed. 7.5 Reasonable attempts will be made to assure that all relevant evidence necessary to an understanding of the disputed issues and of value in resolving the claim is heard and that each party has the opportunity to adequately rebut all arguments and evidence submitted. The arbitration panel will be ~e. ~qole · judge of the relevance and materiality of evidence offered. AG~I~A~EM · .o, . FEB .-2 '21)0 4 Pg. .~ 7.6 Conformance to legal rules of evidence shall not be necessary. 7.7 Members of the arbitration panel may ask questions of the parties for the purpose of clarification. 7.8 If substantial new information is submitted during a hearing, which the arbitration panel deems places the other party, at a severe disadvantage because of inability to develop an adequate rebuttal, the panel may elect to extend the hearing to a later date as previously setforth herein. -A stenographic record of any hearings by a Certified Court Reporter or any previously recorded testimony or document prepared under oath, such as an affidavit is admissible. b. Each party shall bear an equal share of the cost of the arbitration panel. c. Each party shall pay its own costs and attorney fees. d. All arbitration shall be concluded within one-half (1/2) day and all mediation shall-be conducted within one (1) day unless continued pursuant to the provisions of Section 5.2 herein. -ADMINISTRATION OF MEDIATION: 8.1 The respondent shall prepare a mediation summary regarding the claim and furnish a copy to the party requesting mediation and to the mediator so that it is received at least fourteen (14) calendar days prior to the date scheduled for the mediation. 8.2 The County shall set a time and date for the mediation within. 21 calendar days after receipt of the Request. In scheduling the time allotted for complex claims, consideration will be given to the need for a greater amount' of information required in order for the mediator to gain a complete understanding of the issues, and if a party requests additional time, the mediator selected may continue the matter in 7-calendar day increments. A request for a continuance must be submitted to the mediator no later than 48-hours prior to the commencement of the mediation. Once mediation has begun, it may only be continued in 24 - hour increments. 8.3 The parties are expected to cooperate fully with each other in exchanging information. In general, it is expected that the parties will have exchanged all documents relating to the claim during negotiations between them prior to mediation. In any event, full exchange of documents shall be completed no later than seven (7) calendar days prior to the date set for the mediation. 8.4 Each party shall bear an equal share of the cost of the mediator. No.. FEB 2 tt 200 8.5 Each party shall pay its own costs and attorney fees. 8.6 All mediation shall be conducted within one (I) day unless continued .pursuant to the provisions of Section 5.2 herein. 8.7 If a party fails to appear at a duly noticed mediation without good cause it shall bear the costs of the mediator, attorneys' fees and other costs. The County or any other public entity required to conduct its business pursuant to Florida Statutes, chapter 286, that party shall be deemed to appear at a mediation conference by the physical presence of a representative with authority to negotiate on behalf of the entity and to recommend settlement to the appropriate decision- making body of the entity. 8.8 A party is deemed to appear if the party or its representative having full authority to settle without further consultation, the party's counsel or a representative of the insurance carrier who has full authority to settle up to the amount of the claimant's last demand or policy limits, whichever is less; without further consultation. 8.9 The mediator shall at all times be in control of the mediation and the procedures to be followed in the mediation. 8.10 Counsel shall be permitted to communicate privately with their clients. In the discretion of the mediator, mediation may proceed in the absence of counsel. 8.11 The mediator may meet and consult privately with any party or parties or their counsel, if any. 8.12 If a partial or final agreement is reached, it shall be reduced to writing and signed by the parties and their counsel, if an y. 8.13 If the parties do' not reach an agreement as to any matter as a result of mediation, the mediator shall prepare and distribute to each party a report indicating the lack of an agreement without comment or recommendation. With the consent of the parties, the mediator's report may also identify the outstanding legal issues or other action by any party that, if resolved or completed, would facilitate the possibility of a settlement. COMPENSATION OF THE ARBITRATION PANEL OR MEDIATOR: Arbitrators and Mediators shall be paid at the rate of $150.00 an hour, or the current rate for the Court program. An additional fee of 25% shall be payable to the Court Program for administration of any arbitration, but shall not be asses~ for a mediation. The parties shall equally share all costs and shall remit all charges to the Court Program upon the conclusion of the ADR Process. 6 FEB 2 200q TIM~ CHART FOR ADR: Within the Following Time Periods Following the Notice of Claim or the Date of the Occurrence Underlying the Claim, Whichever is First, the Following Matters Must Occur, [All days are Calendar Days]: Up to 14 days after occurrence or Notice of Claim,[whichever is first]: The matter must be negotiated with County Staff. Within 7 days of receipt of Notice of Claim: Staff shall prepare a written rebuttal. Within 15 Days of Notice of Claim: Negotiation of dispute with County staff must be completed. Within 30 Days after Negotiations with County Staff ends or Within 45 days of the date of the occurrence: a Request for Arbitration or Mediation Must be Filed. After a Request for Arbitration or Mediation is Filed: Within 21 days: The Mediation or Arbitration shall be set incIuding the names of the participants and all relevant claim documents forwarded to the Mediator or Arbitrators. No Later Than 14 days prior to date of Mediation. A written rebuttal to any claim must be served on opposing party and Mediator or Arbitrators. No Later Than 48 Hours Prior to the date of the Mediation or Arbitration: Any request for a continuance must be filed with the Arbitrators or Mediator with a copy to County Staff. Once Mediati on or Arbitration begins it may be continued for only 24 hours at a time with the consent of the Arbitrators or Mediator. 9 Within 14 days of conclusion of Arbitration or Mediation: Written decision must be issued indicating that a certain conclusion has been reached or an impasse entitling claimant to proceed to court litigation. Both parties must undertake all ADR proceedings in good faith. H/Jackie/Dispute Resolution Procedure 10 FEB 2 EXECUTIVE SUMMARY RECOMMENDATION THAT THE BOARD OF COUNTY COMMISSIONERS APPROVE TItF~ FILING OF A PETITION WITH THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS (DCA) FOR AN ADMINSTRATIVE HEARING TO CHALLENGE THE DCA NOTICE OF INTENT (NOI) TO FIND THE AMENDMENT TO THE CITY OF NAPLES' COMPREHENSIVE PLAN IN COMPLIANCE AS IT PERTAINS TO THE CONSTRUCTION OF OVERPASSES AND FLYOVERS OBJECTIVE: To obtain Board approval of the filing of a Petition with the Florida Department of Community Affairs, (hereinafter "DCA"), requesting an administrative hearing to challenge the amendment to the City of Naples' Comprehensive Plan pertaining to overpasses and flyovers. CONSIDERATION: Pursuant to Florida Statutes, Sections 163.3184, 120.569 and 120.57, the County has the right to petfion the DCA for an administrative hearing to challenge the adoption of a 2003 comprehensive plan'amendment by the City of Naples, (hereinafter "City"). The City recently adopted an amendment to the Traffic Element of its comprehensive plan and transmitted it to the DCA for a determination if the amendment is in compliance with Florida Statutes. The DCA published a Notice of Intent (NOI) to fmd the amendment "in compliance" on Friday, February 13, 2004. The County has twenty-one days, until March 5, 2004, to file a petition challenging the DCA finding of"in compliance." Collier County staff is of the opinion that the amendment is "not in compliance" with the requirements of the Local Government Planning and Land Development Regulation Act, Chapter 163, Part II, Florida Statutes. Collier County staff is also of the opinion that the amendment violates the terms of a 1990 Interlocal agreement between the City and the County for construction of an overpass at the intersection of Golden Gate Boulevard and Airport Pulling Road. (See DCA's NOI at Exhibit "A" attached hereto published in the Naples Daily News on February 13, 2004). On December 17, 2003, the City Council of Naples, Florida approved an amendment to Policy 1- 10 of the Transportation Element of its Comprehensive Plan to add the following language: "Due to impacts on traffic and aesthetics, the City shall not permit construction of vehicle road overpasses or flyovers in favor of feasible alternative planning solutions that will improve the long-term traffic circulation patterns in the City." The amendment will have a substantial impact on the increased need for infrastructure funded by Collier County and will substantially impact the intersection of Airport Pulling Road and Golden Gate Parkway, an area that is designated for special treatment in the Transportation Element, Policy 6.5, of the Collier County Comprehensive Plan. Since at least 1989, with the full knowledge and consent of.the City of Naples, Collier County has been planning the design and construction of an overpass at the intersection of Airport Pulling Road and Golden Gate Parkway. The intersection has been identified as a traffic problem since 1990, when land was set aside for an overpass within the Halstatt (also known as Grey Oaks) Development of Regional v~o._ Impact that was approved under an Interlocal Agreement between the City of Naples and Collier County in 1990. It has also been identified as a roadway that would be over capacity in 2020 in the County's Long Range Transportation Plan since 1996. Once the interchange at 1-75 and Golden gate opens in 2006, there will be an even urgency based on a substantial increase in traffic that will need to be addressed and delay will mean increased cost to Collier County taxpayers. To evaluate all conventional and unconventional alternatives to improve the intersection and corridor, the County has worked with five different professional consulting finns; and the City has worked with one. All consultants agree that the most feasible long-term solution is an overpass. The County has expended $1.8 million dollars on the Project thus far. This $1.8 million design cost does not include an additional $435,000 the County has already spent on supplemental studies, analysis and reports considering alternative improvements and impacts along the corridor. The design effort to date is in accordance with a decade of extensive planning and preparation by both City and County officials. Delay will only increase the cost of resolving the traffic problem. The County submitted timely objections to the amendment. The amendment is in direct conflict with and inconsistent with the Traffic Element of the County's Growth Management Plan, (hereinafter "Plan"), because the County's Plan preceded the Naples amendment and provides for the construction of the overpass. It is staff's opinion that the amendment constitutes an inconsistency with the City Of Naples' Comprehensive Plan, contrary to Florida Statutes, Section 163.3177(2), which requires that the several elements of the Comprehensive Plan be coordinated. At its January, 2004 meeting, the Southwest Florida Regional Council supported the Golden Gate Parkway at Airport Road Overpass as meeting the reasonable criteria for full consideration of all alternative options (see attachment). If the County prevails, 'the City of Naples' Comprehensive Plan amendment, in particular Policy 1.10 of the Transportation Element, would not go into effect. found. Delay will only mean more expense later. Once the roadway reache: that fails, other means will have to be utilized to handle traffic and this cou growth management problems for the County. FISCAL IMPACT: It is expected that most of the litigation will be handled by the County Attorney's Office with minor assistance, on an as needed basis, by the law firm of Carleton, Fields. There is no immediate impact because the funds will come from the monies budgeted for the design of the Project, however should the County not pursue this administrative hearing there exists the potential that money spent to date on the project would be lost. Delay will mean increased cost to Collier County taxpayers. GROWTH MANAGEMENT: The amendment is in conflict with and obstructs the Collier County Growth Management Plan and it's Concurrency Management System, including the Transportation Element and the Capitol Improvement Element. There is a pressing need to improve traffic flow at that intersection and no feasible alternative to an overpass has been 2 _aJevel of service d r~~i~Ms FEB 2 6 200 RECOMMENDATION: That the Board of County Commissioners approve the request for permission to invoke the administrative procedures and request a heating on the matter from the DCA. Prepared by: cquel[ne W. Hubbard, sistant County Attorney Reviewed by: Stan Litsinger, AIC'P " Director, Comprehensive Planning Department Norm; Feder, Transportation Administrator Date: Date: ,, ~ '7' '~ -O'fl Date: H: IH/Executive Summary/Challenge AGENDA ITEM No. FEB 2 PO- ~ STATE OF FLORIDA Page 1 of 2 PUBLISHED IN THE NAPLES DAILY NEWS ON 2/13/04 STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS NOTICE OF INTENT TO FIND THE CITY OF NAPLES COMPREHENSIVE PLAN AMENDMENT IN COMPLIANCE DOCKET NO. 03-1-NOI-1104-(A)-(I) The Department gives notice of its intent to find the Amendment to the Comprehensive Plan for the City of Naples, adopted by Ordinance Nos. 03-10304 and 03-10305 on December 17, 2003, IN COMPLIANCE, pursuant to Sections 163.3184, 163.3187 and 163.3189, F.S. The adopted City of Naples Comprehensive Plan Amendment and the Department's Objections, Recommendations and Comments Report, (if any), are available for public inspection Monday through Friday, except for legal holidays, during normal business hours, at the City of Naples Planning Department, 801 8th Avenue South, Naples, Florida 34102. Any affected person, as defined in Section 163.3184, F.S., has a right to petition for an admin-istrative hearing to challenge the proposed agency determination that the Amendment to the City of Naples Comprehensive Plan is In Compliance, as defined in Subsection 163.3184(1), F.S. The petition must be filed within twenty-one (21) days after publication of this notice, and must include all of the information and contents described in Uniform Rule 28-106.201, F.A.C. The petition must be filed with theI a, gen · ITeM Department of Community Affairs, 2555 Shumard Oak Boulevard, Tallahassee, Florida 32~ 99N°. I.~_'] C,~ 2100, and a copy mailed or delivered to the local government. Failure to timely file a petiti file://C:~Documents and Settings\perryman_d~Local Settings\Te...~STATE OF FLORI~ STATE OF FLORIDA Page 2 of 2 a waiver of any right to request an administrative proceeding as a petitioner under Sections 120.569 and 120.57, F.S. If a petition is filed, the purpose of the administrative hearing will be to present evidence and testimony and forward a recommended order to the Department. If no petition is filed, this Notice of Intent shall become final agency action. If a petition is filed, other affected persons may petition for leave to intervene in the proceeding. A petition for intervention must be filed at least twenty (20) days before the final hearing and must include all of the information and contents described in Uniform Rule 28-106.205, F.A.C. A petition for leave to intervene shall be filed at the Division of Administrative Heatings, Department of Management Services, 1230 Apalachee Parkway, Tallahassee, Florida 32399-3060. Failure to petition to intervene within the allowed time frame constitutes a waiver of any right such a person has to request a heating under Sections 120.569 and 120.57, F.S., or to participate in the administrative heating. After an administrative hearing petition is timely filed, mediation is available pursuant to Sub-section 163.3189(3)(a), F.S., to any affected person who is made a party to the proceeding by filing that request with the administrative law judge assigned by the Division of Administrative Hearings. The choice of mediation shall not affect a party's right to an administrative hearing. -s-Charles Gauthier, AICP Chief of Comprehensive Planning Department of Community Affairs Division of Community Planning 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 FEB 2 200q file://CADocuments and SettingsXperryman_dXLocal Settings\Te..ASTATE OF FLORIDA.ht 2/13/2004 ,~euda Item 3(b)2 LOCAL GOVERNMENT C0MPREHRNSlVE PLAN AMENDMENTS CITY OF NAPLES c~rC~.~nci! _st~. has rev/ewed a proposed amcndmealt to tho City of c~mng= w me t~omprel~nstve elan ~y changm§ the density Umits /n the Downtown M/xed Use District and r~waictmg construction of road overpasses in th~ City. This amendment was devoloped under th~ Local C-ovemmont Comprehensive Planning and Land Dcvolopm~nt Regulation Act. (A synopsis of the requirements of the Act and Council responsibilities is provided as Attachment L staff commits ar~ provided in Attachment Staffrevi~, of the proposed amendm~,nts was ba~ed on whether they were likely to Ix: of r~gio.~l concern. This was determined th~. ugh assessment of the following factors: 1. Location--in or near a regional r~source or regional activity center, such that it iml?a~cs the ~gional resource or facility; on or within one mile of a county bounda~; ge~e~ally appllod to. sites of five acros or mow; ,ize alone is not n~-ssadly a d~nninaut of r~gional significanc~; 2. l~itude-~qual to or greater than the county threshold for a dovclopment of r~gional impact of the same. typ~ (a DRI-related am~mdm~nt is consid~ r~ionally significant); and 3, Chm'acter--of a uniqu~ type or use, a use ofr~gional sign/fican~e, or a local comprehendve plan that could be applied throughout the lo~al jurisdiction; updates, editorial revisions, c~c. are not r~gionally si~i~cant. A summary of thc remflts of the ~'view follows: Proposed ~m~dme~it - Mixed Distdct De~ity Change Location no Road Ov¢ipass no no Faotol~ of Regional Si~'ni6ca~ce ~ Character Consistent no no not r~io~y si~ifcaut; oonsiste, nt with thc SRPP y~s regionally signific~.t; thc SRPP with oondifion RECOMMENDED &CTION: Approve staff ~nnmcnts. Authorize staff to forward comments to the Departmcnt of Community Affairs and City of Naples. ' 11/03 .FEB-1~-21~84 I~: 43 St, JF'FF~ P. Agenda Item 3(b)2 ' Attnch~ent I ~LOCAL GO~NT COMPREI:HgNSIV~ PLANNING ~ LAND DEVELOPMENT REGULATION ACT L~ Government Comprehensive Plans The Act requires each municipal and county government to prepare a eompreh~ve plan that must include at least the following nine elements: FuiUre Land Usc B!tnnent; Traffic Circulati°n Blement; A local government with all or Pan of its jurisdiction within the urbanized area of a Metropolitan Planning Organization shall prepare and adopt a transp~on element to replace the traffic circulation; mass h-ansit; and ports, aviation, and related facilifics clements, [9J-5.019(1), FAC] General Sanitary Sewer, Solid Waste, Drainage, and Potable Water and Natural Gronndwat~ Aquifer Recharge Blem~nt; Consereafion Element; Recreation-and Open Space Element; Housing Coastal Management Element for coastal jurisdictions; Intergovernmental Coordina~on Element; and Capital I .ml~-ovements Element. The local government may add optional elements (c.g., safety, community d~sign, redevelopment, historical and scenic preservation, and economic). All local governments in Southwest Florida have adopted rcvi~.,d plans: Charlotte County, Punta Gorcht. Colli~r County, BYerglades City, Marco lgland, Naples Glades County, Moore I-Iav~ Hendry Coumy, Clewis~n, I. aBell~ Lee County, Boaita Springs, Cape Coral, Fort Myers, Fort My~s Bcac~ Sanibcl Sara.~ota Count, Lon~oat I~y, North Port, Sarasota, Venice Attachment I, Page I AGEND~I~EM 1 No. I~')(Z ' - FEB 200 Pg. ? ~ P. Comprehensive Plan Amendments Agendn Item 3(b)2 Attachment I A local :government may amend its plan twice :a ye, ar. (Amendments related to developments of regional impact, certain ~m_all dcvclopmcnts, compliance %omemcnts, and thc Job Siting Act arc not ~cted by this limitation.) Six copies of file amendment are sent to the Department of Community Affairs for r~vicw. A copy is also sent to the r~gioaal planning cotm~l, thc water management district, th= Florida Departm~mt of Transportation, and the FloridaD~nmem of Em~-onmmtal Is. The proposed amendment will be reviewed'by DCA in two situations. In thc first, there must be a written request to DCA. The request for review must be rcccived within forty- five days after transmittal of the proposed amendmcnt. Is. 163.3184(6)(a)] Review can be ~lUCsted by one of thc following: In th= s~w. ond situation, DCA can decide to review the proposed amendment without a request. In that case, DCA must give notice w~thiu th_'~.~j' day8 of Wansmi~. Within fivo working days after deciding to conduct a review, DCA must forward copies to variou~ revi~ agetwfies, including the regional planning council. [s. 163a3184(4)] ' Regionnl Plmming Co~mcil Review The ~c, gional plmming council must submit its comm~ in writing wimin th~t~ day~ of r~c~ipt of the proposed amea~Immt from DCA. It must specify any objections and may re.kc recommendations for changes. Therevicw of the proposed amendment by tho ~gional planning council must be limited to "effccts on regional re. sources or facilities identified in th= strategic r~gional policy plan aud extra-j~ctional impacts which would be inconsistent with tho co--ye plan of the affected local ~ovc~mn~~ [s. 163.3184(5)] ~'~ After r~c~pt of' commits from the m~ional plannin~ council aud other r~vicwin~ a~encies~ DCA has fldr~ days ~o conduct its own review and d~tcrm~u¢ compli~nc~ with sCa~ law. Within tha~ tR~rty-day period, DCA trausmits its written con, hen, s to the local §oy~rnmc~t. NOTE: THE ABOVE L~ A SIMPLIFIED VEI~SION OF TE0~ LAW. REFER TO THE ~TATUTE (CIL 1~$~ FS) AND ~ RULE (~J-11~ ~AC) FOR DETAILS. A~taehment ~ Pa~e 2 FE]3-t~-~ I~: 4:3 ~ P. 06/1 Agenda Item ~Co)2 SWlrRPC COMME~$ City of Naples Comprehensive Plan Amendments Proposed Ammdmen~t 03=~..A2 (DCA 03-1) This amendment to the City of' Nnples Compreh~ive Plan proposes two nmendments to thoir Compreh~ive Pl~n. They are as follows: (1) The first amendment tn'oposes to amm~i the Future Land Use Element narrative to add density limits for the Downtown Mixed Use District The City conducted a redevelopment platming effort for the downtown district, which resulted in nvw d~cloprnent goals and standards for the downtown area known as the Heart of Naples. The City now desires to add language into the Comprehensive Plan to assure' tha~ these limits apply to any development activity within the H~art of Naples in the Downtown Mixed Use land use district. . F.L. U.E. 41 To protect the integrity of the downtown area as it relates to surrounding neighborhoods, the area that is designated as Downtown Mixed Use bounded by 5ch Avenue South, 8~ Street. 7~n Avenue.North, and Goodlette-Frank Road shall be subject to the following development standards: Maximum Aggregate Density: 12 units per acre for 118 acres, or 1,416 units. · Maxim~ Site Density: Up to 30 units per acre with proViSion for open space or payment into an open space fund, however. aggregate density limit ofl,416 units cannot be exceeded. For clarification, property that is dedicated as public Right-of- Way shall be included for calculation of maximum density. (2) The second ameadmeat proposes to amend the Transportation Bleraent of the Coropreaheasive Plan by adding Policy 1-10, which Will re, striCt construction of road overpass~ in the Naples vicinity. The new policy will state: Policy 1-10 Due to impacts and aesthetiar, the City shah not permit construction of vehicle road overpasses or flyovem in favor of Attaehmemt H, Page 1 P.~7/12 St,~:RPC FEB~-~ ~: 43 feasible alternative planning solutions that will improve the long- term traffic circulation patt~tr in the City.' Re~io~ Si~nificnce downtown Naples area, because the ~ change to-mc ~Ws l, unn'e ~ano usc h~ ~W limi~ on ~ ~o~t ~ of ~e ~ nd ~by pm~ for ~ ~c d~el~t of ~c cowmuni~, ~ ~e~~ ~ of ~~ ~ ~o~ ~ ~s ~ (1,41~ ~B now ~ !imi~ ~d ~low'~e D~~t of Rc~ ~act ~oM for ~e Ci~ (~000) ~d b~e ~e ~u~ ~ ~ve ~ ~p~ ~ ~o~ ~o~, ~c2 ~ s~ ~ Ci~s ~~ ~ ~d ~ ~t ~c p~os~ ~~ is not ~o~y ~ifi~ h ~fio~ Co~c~ ~ ~ th~ ~e ~uc~ ~n~t ~ ~ S~c Re~o~ Po~cy PI~, J~y 4, 2002 : ~ L~e ~m~n~ Goal 2: Southwest FlOrida will develop (or r~d~elop) communiti~ that are livable md offer ~ a wide rauge of housing and enxploymeat opportauities. $~a~e~y: D~-vclop livable, int~grm~ ~rmm~ti~s that offe~ r~sid~ts a high q~li~ of Aation 1: Encourage programs ~.that promote infill &welopment in urban areas to maxim~ thc cfficieat us~ of ~isting infrastructure. With re~pect to the aeco~ portion of tho proposed ~m~___dment, Cotmeil staffbcli~s that traffic ~gineering solutions requir~ a thorough analysis of the many variable that effect traffic flow and safety. In thc int.'est of saf~y, 1he conflict b~veea comp~ing ~¢ mov~-m~uts must bo resolved by a traffic control discipline that gives on~ m°V~at a priority over the o~h~. When both movmn~n~s are heavy, thc .priority must be distn'buted in Some rammer or one of the mov~n~uts will fail. ~ addition, to ~c Unfffic safety aspect of managing tr~_mc aow, the ~dal Surface Tranaportation Ef~ci~n~y' Act (ISTEA) emphasizes thc neod for comparative ass~sme~ of traffic manag~n~t solutions, Citizms, ~ortation planners, and elected officials all b~mefit from adeliberative decision making process that evaluates the trade-offs or cOst-benefits betwa~m economicl social, and ~avironmeatal impacts which affect livability and sustainability of Attachmentpa~e 2 II, While community leaders and transportation pl~n~rs may understand ~hc City's stated objective to "msnsge traffic flow and pwtect the n~ighborhoods," The City of Naples ordinance amending the text in the Transportation Element of the Comprehensive Plan to add Policy 1-10 that restri~ ~xuotion t~f mad ovorpass~s rosy at times not efficiently implement local, metropolit~, and re~onal lransportation plans. As noted in the Council's Strategic Regional Policy Plan. 'a Challe~e to our communities is the resional nature of the uausportationaand use system, and Although the policy proposed may seem to address the areas of concern for the City, the rogional req~ent, s of an oVa-all transpo~on system may call for overpass solutions in some areas to meet and maintain a safe and adequate wan. sportation system. When and where these facilities are looal~xl and how and when they ar~ constructed should be decided on a case by' oase basis, To limit the conslruction of ov~passes in favor of feasible alternative planning` solutions isan acceptable policyas long as there is a feasible altematiw solution that provid~ for .ac?quaie traffic flow, while protecting the health safety and welfare of the citizens of the regmn are implemented on a technical basis, At the pre. sent llme, there appears to be some disa/F~nent betw~:n Collier County, thc City of Naples and the various technioal groups tasked 'with the provision of a safe and efficient tr~_=por~ation sysUm~, The ~~nt seems to be c~mterexl on exactly what constitute' "feas~le alternative Planning solution' as opposed to an ovm-pass solution. Council staff' ~ with the ~ policy dc.sir~l by the City, if it is interpreted to mean that if no other economicallY fcam'ble alternative that Sufficiently protects the health, safety and weffare of the citiz~ of' the region and implczncnts an acceptable regional transport~on n~ork exists, the~ an overpass could bc constructed in the City. In addition, Council staff is interpretin$ thc feasible solution to mean that if the alternative feasible solution costs more than the overpass solution to safely movin~ traffic on the regional network, then the City would make up W-C°st diff~encc to provide the altcrnatwe planning solution in order not to have an overpass, -: ~;' Bccanse of thc mgio~l_ nature of this policy, Council stuff finds that this 8ction Could hsv~ significam impacts to the regional roadway netwod~ and is th~efom regionaitY: sign/ficant. Council Staff could find Policy 1-10 as consistent with the SRPP if the ~ronps involved in the ovcrpus or altcnmtive planning solution mcct and ap~e to the interpr~on of this policy. Council staff finds that the reque~ is consistent with the Strsto~ic l~gion~Poliey Plan, July 4, 2002 Goal Develop a' cost-effective and fina~tcially feasible transportation system th'ar adequately maintains all elements of the transportation system to better preserve' and manage the Region's urban and non-urban investment. . Attachment II, Page 3 ~FI~HB6-~ 1~9:44 SbJFRPC p. 8cj/12 Strategy: Dvwlop land usc plans and policies that assess thc potential for adverse impacts to ~tmnsportation facilitic~ and protects investment in translbortation infrastructure. Action: $.._ Rheum local governments and m~politan planning organizations, through their planning programs and future road neiwor~ accommodate travel di~msnd across jurisdiefimml and ndghborhood botmdarie~. 12, Thc Council will work with the Urbanized MPOs, FDOT, and local governing[ts in promoting r~gional coordination for addressing tr~o~on planning and. programming for the entire region, including those counties and portiom thor~f that are not r~pr~nted wiihi~ thc MPO. Strategy: Rr,~ourage local governments to create inter-local and regional agreomvn~ to better addre~ Jolt planning and revenue sharing. Action: 7. In coopei-ation with FDOT, local government, and thc MPOs, report on a capital improvement plan that includes construction of new facilities as an alternative to the Florida Intrastate Highway System to protect its interregional ftmctions. 8. Iu cooperation with FDOT, local government, and the MPOs, review u-~,,,~portation plans and development projects to ensure mitigation of adven~e impacts upon rogional transpo~on facilities. Conclusion The Council staff finds that the first portion of the proposed amendment is not r~gionally si~tmificax~, but is con~-~:ent with the SRPP, Th~ second portion of thc proposed amendment is found by Council staff to be regionally significaut given the potential for Significant impacts to the fugure mi/ion,al roadway network. Council staff has r~7,ommended that the amendment be' solution" i~ iat~pr~I ~ ia~tified i~ thc att~c, hed additipnal infon~,tion and ~st the Poli~-I 10 have th~ words "dot,mined in a fim_~ly m:~n,~-r" added as shown b~low' Policy t-10 Du~ to impacts and a~stheti~s, thc Ci~ shall not permit constmOdon of vehicle road o¥crpass~s or flyov~ in favor of feasible alternative plazai~ solutions if dctcrmi-~l in ~ timely rr,:mner an/1 "-~.....*..-'.~21 improve th~ l°ng-t~-m traffic ~ir~ulation patUm~s in thc City. Attachment Il, Page 4 Agenda Item #3(b)l. City of Naples Comprehensive Plan Amendment DCA 03-1 Continued from theNovember Council Meeting At the November Council mooting. Council Staffpr~ented the staff report conca'ning the City of Naples proposed changc to its Comprchcmive Plan, Thc proposed Comprehensive Plan ammdment contained two rcquc~. The first requ~ was to amend the Future Land Use Element (FLUE) nanative ~ add dmsity limits for the Downtown Mixed Use District and the second request was to amend the T~ortafion Element of the Comprehensive Plan to add Policy 1-10 which would restrict construction of road overpasses inthe City. Council reviewed and discussed thc proposed smenckncnts and..afl~ duc deh'be~a~5on decided to continue the agenda iU:m until a joint meeting between the CiTM of Naples and Collier County could be held to On ~anuary 5, 2004, Council staff attended the joint WOrkshoP between the City of Naples and. com Co ty the or Naples!' po . discussed in ~ and where public input was obeyed. At the me~ting, the msues assom with thc proposed amer~dmmlt to limit overpaSses ii1 thc City were thc main topics of contention b~tw~m the officials. Both the C°un~y and City r~p~s~ntaiiv~ exchanged viewpoints on whether an overpass or an at-grade alternative located at Golden Gate Boulevard and Airport "Road was mor~ appropriate. Although no final agreement as to what should be done was "achieved at the workshop, both s/des wcrc able to express their concerns and air th~ opinions. Based on the input from City Council members, County Commis~on~rs, public in attendance at · thc meeting and finth~ Council staff rescamh, Council staff believes that th~ r~commendati°ns provided to Council in the November staff report should be ~evised .and forwarded to' the D~partment of Community Affairs.~.~'- '~,,~ ,,~,,~..~r~"~"-' .......... ..._,.,.,o. to su~ort_ _ the DowntoTM Mixed Use Distriot, to interpret "feasible altern_stive p!~i~ solution" to mean_ that if no other. ../Ic, onomlcallv f~_~'bler _and ~m__ely alter, native that ~l~den__t!y protects the health, safety_ and _w.e~c o£ th,,- ci~z_~ns of' the m~ion ,-~ if' no o~~ ~ouomic~ll¥ feasible alternafiw thst sut~cientl¥ ~mpl~ts an acceptable rc~iop~! tr~o _rtat~on network cxists~ then ~n overoass could bc c~ruc~ in the C, ity~ ~d .tp find ~t ~. Com~W's efforts wi~ regard to .the Gold_en G~_te Parkway at Airpor~ Reed. OverP~ b~ prov~ that the overpass .. represcots the .only "£e~iblc alterat~vc p]~ solution" a~.. Should be constructed. · It is Council s~fl's opinion that the conditions placed on the Downtown Mixed Us~ Disuict by the proposed am~udm~mt is an a~mpt by the City to improve the mix of residential uses m commercial usc~ and to pwvide homes where the residents will live, work and play in the urban scO~u§ and th~by reduce the usa§c of their cars and the resultant u~s iu the City. The Council stsff suppor~ the Ci~ in th~Lr efforts to create this type o£ d~vclopment and r~co~oizes ~ benefits of ~ ~ype of d~vcl ~~.. FEB 2 Thg ~ slaff continues to recommend approval of this amcndm~t as it was presented in thc November staff report. Council graffbeUevcs that them is no mason that a municipality should not bc able to limlt,the uses of roadway ovcrpasses within their jurizdiction if that is their desire, as long a~ thcr~ is a viable at grade al~'mativc which m~s or exceeds thc transpor~tion needs of the overall system; as long as the public health, safety or welfare is not put at risk;, and as lone as any additional cost ~merated by thc use of an at grade al~maiivc as opposed to an overpass is borne by thc City. It should also be noted ~ DCA did not object ~ amcndmcnt and that thc City has adopted the amendment as proposed on December 17, 2003 (Ordinance ~3-I0305). Therefore, it is Council staff's recommendation that Policy 1-10 ac~e, vi~ is acccptable and should be approvcd, if. the ortwion~!y clte~' d~finition of "fca-q~le alter~ti_ve plarmi_ng solution" is inc. orpo~-a_!ed and- thc if Gold*.. G~v P~.-kwa¥ at Ah-pon Road is recognized as having bc~n shown to rcqu~., con~huotion of a ~r~d_e-sepa~_;_~d overp~ an_d_ if "de, t~m,-hlod ii1 a tirn~.l¥ ~rn~r.-~er wo~,~;.g is ad_d_ed to thc policy, This is. ~e-same a Council am_~ndm~.~rAt to th~, recommendation that was made in the November staff rvp;rt. -- Parkway and ....~pon l~oaa, c:oun~l staff~eves that ~ h ~ ~~ of Pohoy 1-10 ~ to wh~ ~ ~~le ~t~ve h~ b~ p~~ ~ h~ of~e ~opos~ ov~. ~cfl ~ wo~d ~t o~ ~t ~ l~ 17, 1991 ~cil ~v~ ~c ~ O~ (~Iy Hok~) D~el~t of~o~ ~t Dcv~~t ~ f~ bo~ ~c Ciw of Napl~ ~d Co~er Co~, ~cc ~e d~clopm~ w~ Io~ ~ bo~ j~cfio~. Tho D~el~t ~m ~r ~h gov~~ cnfi~ w~e p~io~ly ~mv~ by ~c Ci~ of N~I~ ~lufion 9~6211) ~d Col~ Co~W-(9~292; DO 9~3). Bo~ D~vI~ ~ ~n~ ~e ~at ~~ fi~t~f-way for a ~e s~~ f~ at ~c subj~ ~t~on wMch cle~y ~ficipa~ ~ ov~s a ~s 1o~ Specifically thc language in the Naples and Collier County Devolopmem Orders are. identical and state: "Thc applicant ~hall dedicate approximately twenty-five (25) acres to acconunodatc the expandon of thc following transpo~on facilities; Livingston Road, Golden C,-atc Parkway, and ~xpansion of the intersection at' Golden Gate Parkway and Airport Road to allow a grade separated .urban interchange with Golden C. mtc Parkway being the grad c, cparated roadway. Thc amounts of right-of-way on each roadway and interseotion which will ;:be dedicated are specified in thc PUD Document (Ordinance 90-48). The dedications shall bc m~le when the County is ready to makc the improvement necessitating thc dedication." Relying on this language, the County has moved ahead to provide for thc overpass and based on their present.on at the workshop has ~pcat approximately $1~8 million dollars in studic~ and design for the future grade separated facility. In addition, based on thc County's presentation even if the altemative de, sign was built, ther~ ~!n_ ? P.12/12 studi~ that agree' that by 2025 a grade se~parated structure would likely have to be ~t~d anyway. Thc regional View of Council staff is that a lar§c percentage of thc service related jobs in Collier County arc located wi~in the Ci~ of N~ples and that those jobs are filled by ~eoplc living in the Golden Crate arca. This lrroduc~ a substantial nccd to e~ter and exit the City in the most efficient and safest rammer possible. In Council sUdt"s opinion, the most effeCdve pwvisi°n of this access will bc with the overpass that was previously adopted in the Council's ~rproved local D~veIopmcnt Orders for the C~rcy Oaks DRL Recommendation Action: Forward the November staff report as amendcd and the above additional information as am~de~l to the Department of Commlmi~y A~fair8 ('DCA). TOTFIL P. 12 EXECUTIVE SUMMARY APPROVE THE SCOPE OF WORK FOR THE DEVELOPMENT OF GOODLAND BOATING PARK Objective: To develop the five-acre parcel in Goodland known as the Palm Point property in the manner that will best serve both Goodlanders and residents countywide. Considerations: In 1999 County staff approved a plan for development of the 5-acre parcel known as the Palm Point property on the southern tip of Goodland with a gated community consisting of four five-story condominiums, tennis courts, a pool, and a 20- slip boat dock. Goodland residents opposed the plan, and in response the developer lowered the building heights to four stories. The Board of County Commissioners approved the plan. Unsatisfied, Goodland residents sought a special zoning district and construction moratorium. County staff rejected residents' request in the summer of 2000, but in November of that year the Board of County Commissioners approved it. The Palm Point property had meanwhile been sold to Nicky Joint Venture, who sued the County in early 2001. In July the Circuit Court upheld the landowner's right to develop, reversing the BCC's order. Goodland residents continued to oppose the development of condominiums on the Palm Point property. In July of 2001 the Board of Directors of the Goodland Civic Association voted 9-0 in favor of a proposed park boat ramp, based on County staff's original conceptual plan. The County appealed the circuit court decision, but in January 2002 settled for $4.588 million. Since that time, County staff has transferred the existing Federal and State development permits for the property, the expirations dates for which are as follows: Army Corps of Engineers--February 2006 Florida Department of Environmental Protection Environmental Resource Permit--May 2005 Florida Department of Environmental Protection Submerged Land Lease--May 2005 Expiration dates require completion of construction, although one-year extensions may be applied for. County staff has removed exotic plants and trash from the site, fenced the pre continues to maintain the property in a neat appearance. AG~n~'- '~EM F£3 2 200 Staff has enhanced the original conceptual plan in order to demonstrate a maximized use of available space and permits, adding wet slips, courtesy docks, and an office building. Staff presented the enhanced conceptual plan to members of the Goodland Park Committee on January 14. The plan includes the following elements, subject to space limitations and permitting limitations imposed by County, State and Federal agencies: 76 Boat Trailer Parking Spaces 10 Car Parking Spaces · 10 Wet Boat Slips on Wharf · 12 Wet Boat Slips on Finger Pier · Fishing Area · Viewing Station · 2-Lane Boat Ramp with Courtesy Docks · Restroorn/Dockmaster Office Building · Picnic Shelter · Playground · Pathways/Sidewalks · Landscaping & Buffering/Irrigation · Buffers with Preserved Existing Native Vegetation and Transplanted Palms · Preserved Mangrove Fringe · Stormwater Retention Area The community did not provide feedback to staff regarding the additional amenities. This project is consistent with the Beach and Boat Access Master Plan adopted by the Board last May. Fiscal Impact: Staff has secured a proposal from Agnoli Barber and Brundage, Inc. for master planning and conditional use approval for this project in the amount of $41,700. Funds are budgeted in the Goodland Boat Ramp project (80611) within the Parks Improvement CIP Fund (306). Source of funds is Florida Boater Improvement funds. Growth Management Impact: The property is inventoried in the Growth Management Plan. The proposed development of the property is consistent with Recreation and Open Space Element Policy 1.3.2, "continue to ensure that access to beaches, shores, and waterways remains available to the public." Recommendation: That the Board of County Commissioners approves the proposed scope of work for the development of Goodland Boating Park. Submitted by: Date: Amanda O. Townsend, Operations Coordinator Parks and Recreation Department AGENDA ~E.M F7_3 2 q Reviewed by: Approved by: " "'7" , ,7 I' ,'~-'I" ~,''-z'~' '~ ]_~; ~" -'~ ~ t ~,','"' ~ / ~arla O. Ramse~ir~tor Pa~s and Recr~ion,Depa~ment John Dunnuck, Ad~nistrator DivisiOn of Public Services FEB 2 jUL--iS--01 WED 12:59 PM ~oODTIMES PROPERTIES 417 Mango Avenue/P.O. Box 571 Goodland, Fl. 34140 (941)389-1133 www. GoodlanflFLA.eom July lg, 2001 Ms. Maria Ramsey Director, Parks & Recreation 3300 Santa Barbara Blvd. Naples, Fl. 34116 Re: Palm Point Property, Goodland Dear Maria: After we spoke Monday, July 16, 2001, 1 provided a summary of our discussion to the Board of Directors ortho Goodland Cis4e Association along with a copy of the conceptual drawing of the Proposed Goodland Park and Boat Ramp. I requested a written vote from them with the following language: Yes, I support the plan for a b~at ramp and park to go on the Palm Point Property with the understanding that the community will have input in the complete process, and based on comments we received from Marla Karnsey.(Enclosed is copy of what I provided to the Board Members.) No, I do not support the plan for a boat ramp and park to go on the Palm Point Property. The vote is 9-0 in favor of the park and bom ramp. Thc board will issue a newsletter to the residents of Goodland, bringing them up to date on a number of issues, and we will make the statemem that the Board of Directors o£the Goodland Civic Association is in support of the park and boat ramp on the property should the county be able to purchase that parcel of' land. Po02 Agend'a "o. q 0 O- JUL--18--Oi ~E~ 0120~ PM GOODTIMES PROPERTIES INC 1+941+389+0255 P. 0~ Page 2 If you need an), further direction or comments from us, please advise. Sincerely, Connie Stegall-Fullmer Secretary-Treasurer, GCA Cc: Commissioner James D. Carter, Chairman Commissioner Pamela S. Mae'K/e, Vice Chair Commissioner Jim Colletta Commissioner Donna Fiala Commissioner Tom Henning Maxjorie Student, Assistant County Attorney Michael Pettit, Assistant County Attorney File FEB 2 ?nnt 13:19 Fro~,-~otlier County. Attorney Offi:e 941 77~ 0Z25 %?69 P.OOZ/OO5 F-45~ ,, , ' 417 Mango Avenue/P.O. Box 571 Goodland, Fl. 34140 (941)389-I133 SePtember t g, 2001 Commissioner fam~ D. Cart~w, Ph.D., Cb~-'.~-~n Board of Collier Comau Commissioners 3301 Tamiami Trail East Naples, FI. 34112-4902 Reference: Dolphin Cove Dear Comm/ssioner Carter: We undersw, nd that the !aw ,~rm representing the owner of the Dolphin Cove property submittecI a writte~ statement to County Attorney M/chael Peffit late August ~ving r_~ o~.'n~'s bottom lhae off~ to sell the propcm'ty to the co~.mty. We also understand that the offe~ is a high offer. We arv told ~at Mr. P=;.'~ h~< bm reszarc. ~hing fi.reeling souxces which might be ava/fable to the county, to ~dd in the purchase of the property.. It is a hard bite to swallow, to feel ~e ow-~ is tak~g advantage of the situmSon, bm ff wouldbe a bite we ~ould choke on if we don't take the necessary steps to acquire tiffs prol~cy. The community is coenmit*,ed to the goal of not having the condo develol:xmemt on that property. The park for the commun/ty md boat hunch for the county are both uses ~at are much needed in this area. Enclosed is an article penned b:y Cheryl Ferrara, Editor of the Marco Island Eagle newspaper the week following Labor Day w~kend, regarding the boat launch facility an 951. Also enclosed is mmafive rendering, p.,z~ last year, of the park and boat lmmch provided by Maria R,m'.qey village ~har-~'ter of C~odtand for the £utuxe. During the recent meeting of the Board of' Directors of the Goodlanfl Civic Aa.soc. the board unanimously voted to send a let-'~'r to you and copies as listed below, requesting that the Board of County Commi~ioners vote approval for the purchase of the property mad allow us all to move forward in development oftkis propea~zy for the p~rk and bom launch. A vote in flavor ofthe l~rrcha.se of this property will end the litigation, support the 5/0 vote the CommLqsioners made on NovcTnbe~ 28, 2000, and preserve No.,.I II O-~-l?Ol ~-45B Page 2 Dolph~u Cove OCA Boazd Memb~$ Co~.~sion= Pamela S. Mac'Ige, Vice Chair Commissioner 3im Collerm Commission-"r Do-ma Fiala Commissioner Tom ~g Tom Oiiiff, County Mmuager David WMgel, County A.ttomcy Michael PCrd*~ Assr County Attorncv Mm-jorie Studer~, Asst. Count5' Attorney Mafia Ramsay, Director of Parks & Recreafiou En¢losuzcs: 2 EXECUTIVE SUMMARY FOR THE BOARD OF COUNTY COMMISSIONERS TO CONSIDER A REQUEST FROM THE VANDERBILT BEACH BEAUTIFICATION M.S.T.U. ADVISORY COMMITTEE TO PARTNER WITH THE M.S.T.U. IN THE DEVELOPMENT OF A MASTER PLAN AT A COST OF ONE-HALF OF THE TOTAL COST OF THE MASTER PLAN AT AN AMOUNT NOT TO EXCEED $40,000.00. OBJECTIVE: For the Board of County Commissioners to consider a request from the Vanderbilt Beach Beautification M.S.T.U. Advisory Committee to partner with the M.S.T.U. in · the development of a Master Plan at a cost of one-half of the total cost of the Master Plan, at an amount not to exceed $40,000.00. CONSIDERATION: Currently the Vanderbilt Beach Beautification M.S.T.U. has a contract with Wilson Miller in the mount of $72,690.00 for the development of a Master Plan. This Master Plan includes burying utility lines, constructing sidewalks and pathways, installing streetlights, installing landscape and constructing traffic calming devices. All of these improvements are designed to increase the qualiw of life as well as enhancing property values. The Vanderbilt Beach Beautification MSTU requests that the Board' of County Commissioners consider funding fifty percent of their Master Plan development costs. FISCAL IMPACT: Funds are not currently budgeted for this expense and the MSTU was established to address improvements to enhance the area. GROWTH MANAGEMENT IMPACT: No Impact to Growth Management. RECOMMENDATION: That the Board decided whether to fund the request of the Vanderbilt Beach Beautification M.S.T.U. for the Board to fund fifty percent of the Master Plan cost in an amount not to exceed $40,000.00 and, if so, to provide the funds, staffing, and any required budget amendment (s). Depending upon recommendations resulting from the Master Plan, the County may be requested, without available resources and priority to fund some of the improvements. Such a role might be more appropriate than the sharing of costs for the Master Plan development that should be developed and endorsed by the property owners within the M.S.T.U. boundaries. . · /.., '.. ,,. ,. ~. ',.~ ... Ji~ Date: REVIEWED BY: --- -- - ~ t- / " : Flagg, Director, Traffic Operations & ATM Departmen Date: APPROVED BY: Norman E. Feder, AICP, Transportation Admimstrator WOKK ORDEI4 ~- TLO-~a'MI-04-0I Agreement for Fixed Term Profc$:ional Landscape Architectural Services Dated Apr'il 24, 2( 01 (Contract ~00-3131) This We, fl: Order is for Professic na~ Landsc2;~e Architectural Services for work known as Project: Provide professio'ral services for :?e Vanderbilt Beach Beautification Master Plan. The work is specified m the proposal dated :0/3'03. which is attached hereto and made a part of this Work Order. In accordance with the Terms and Conditicns of the Agreement referenaed above, Work Order # T~O-WNiI-O'~-01 ..is assigned to Wilson Miller Inc Scope of Work: As detailed in tko attached p:vposal and the following: · i Overview o 1.1 Wilson Miller Inc. has been selected to render Master Planning Services to Collier County Trans;'crtativn DeFacement for the Vanderhilt Beach Beautificatio,' Master Plan. , The Project includes ap.vrox~raate!y 4.8 miles of roadways, including Vanderbilt Drive, Vanderbih Beach Rea:t. Gulf Shore Drive and Bluebill Avenue. The limi',s of the MSTU Distric~ are shcv. n on Exhibit A. The Project is generally described as desigr, of stree:sc::pe i.,r,.pr,'"emen:s including elements such as traffic calming, bikev.'ays, sidewa!ks= street !/gl:ting. burial of overhead utility lines, entry monuments, landscape and se:eec furnishings. o The Project will be funded pr!mar:!y through tko VBB MSTU, and design will be subject to review anJ apprc"al b': the VBB MSTU Advisory' Corr, rnittee and the Client. ~ Ibis Work Autheriz:'.~ion w!;1 be administered under the current Agreement fcc Professional Landscape Architectural Services. Schedule of Work: Cc.mp~e:e o'er,: wi:bin {$0 da'.'s from receipt of the Notice to Proceed authorizing start of wo~k. C0rnpensaticn:. in accordance wi~h Article Five of the A~reement. the County will compensate the Firm in accordance with the nego:iateE lum.: sum amount indicated in :he schedule below (if a task ~s time and material, so indicate [nd use the established hourly rate(s) as enumerated in Schedule "A" of ~he Agreement). Task 2.1: Data Gathcring& Aralysir · Review and evaJuete thc ['o?lowing information provided br client Existil'-g roadway record drav.'in~s n~-buil* drewir~s Principal/Senior TransFcrlation En[ineer ; hrs. :~ 5100/hr. $;[~0.C,O Principal/Senior Landscape Arci:ite:: 4 hrs. '~ StO3/kr. 5:00.50 Landscape Architect g hrs. ~ S -O/Er. 5280.00 ACAD/Computer Technician S hrs. ~; $ 50/hr. 5400.00 Total SI,480.06 Bicycle and pedestrian :rash dat~ Principal/Senior Planner Principal/Senior Transt:crtz:ion Engineer Landscape Architect Total 1 hrs. ~ $100/hr. S100.~0 4 hrs. ~ $1OO/hr. S400.~0 3 hrs..~ $ 70/hr. 5710.00 Traffic volume & speed survey data PrincipaUSenior Transportation En_eineer Total 4 hrs. ~ S100/hr. S450.00 S400.00 Intersection geometries fpr :be four !4) [naior intersections Principal/Sen/or Transportation Engineer 4 hrs. ~ S100"hr. $400.00 Total $400.00 Turninq movement cou,ts at the fpur (4'~ ma?r intersectiop, s Principal/Senior Transportation Engineer 12 hrs. ~ $100'hr. Total $1,200.00 $1,200.00 Previous beautification plans and or ether rolex ant st'o~ies Principal;Senior Planner 2 hrs. ~ $100/hr. S200.00 Principal/Senior Landscape Architect 4 hrs. ~ $100'hr. $400.00 Total $600.00 Oggoint, transportation Mans Princil~al:Senior Transportation Engineer Principal;Senior Landscape Architect Landscape Architect S hrs. ~ $100,'hr. $800.00 4 hrs.~ $100'hr. $400.00 2 hrs. ~ S 70/hr. $140.00 H:xlTraffi: Ops-A.'rM D~'.'J.~n6seep: Decs'.Wod: Oni.~. we - TLC- Page 1 lotal $1,340.00 "1 otal · Conduct traf[Tc count.r cc [:,ur t'-l) intersections ($$00.00 $1,200.00 Comfile existi.ng ~c/evar: r:c?s, aerici8 & pkotograpks Principal/Seal r Planner 4 hrs. ~ $10O/hr. $400.00 Principal/Senior Transportation Engineer 4 hrs. ~ Sl00/hr. $400.¢0 Principal/Senior Landscape Architect 4 hrs. ~ $100/hr. $400.00 Landscape Architect 4 hrs. ~ $ 70/hr. $280.00 ACAD:Compu~e: Technician $ hrs. ;~,$ 50/hr. $400.00 Total $1,880.00 each] [de,et'fy ~ dpcumrnr e.,:is::r,r, s:~cct ?u,~iture, si~naee & ;ar. dscape trcarmer, ts Principal/Sen/ r Landscape Architect 4 hrs. ,~.$100/hr. Sa00.00 Landscape Architect 4 hrs. ,~ $ 70/hr. $280.00 ACAD~Computer Technician 4,hrs. ,~ $ 50/hr. $200.00 Total $880.00 Coera'ina:e with ~.z>£ re,,.c3cn:at~.ve Principal SenJ r Landscape Architect 2 hrs. ~ $100/hr. $200.03 Landscape Architect ~. hrs. ~ $ 70/hr. 5280.00 Total $480.00 Principal, Seal r Planner · : ~rs. ~ $100/hr. $400.00 Principal. Senior Transportation Eager_ear 4 hrs. ~ $100/hr. $~:00.00 PrincipaL Senior Landscape Archi:e:: ~2 ,hrs. ~ $100/hr. Landscage Architect ~. hts. ~. $ 70;hr. $560.00 ACAD;Cen:puter Technic/an ~.~ .:'.rs. ~ S 5O'?.r. S3,000.50 Total 55,560.00 Principal:Senior Planner 4 hrs. ~ S100/hr. $400.00 Principal;Senior Transportation Engineer 4 hrs. ~ $100/hr. $400.0(I ~ S100/hr. $$00.00 ~ S 70,:hr. $1,I20.00 ~ S 50,hr. $1,000.0Cl S3,720.00 Principal'Senior Landsczpe Archi'~e:r S hrs. Landscage Arckitec: ' 5 `hrs. ACAD/Computer Technician 2C hrs. Total Principal. Senior Planner -: k:s. ~ Sl00/hr. $4C, 0.03 Total $400.00 Additionai Data Colle:tion Subtotal Task 2.1: $20~250.o0 Task 2.2: None noted Subtotal Task 2.2: Task 2.3: Preliminary Plans · .Prepare conceptual alterEc:lx'~s Principal/Senior Planner I5 hrs. ,~ $100/hr. $1,600.00 Principal/Senior Transportation Engizeer 16 hrs. '~ $100;hr. S1,600.00 PrincipM/.Sanior Landscape Architect 24 hrs. ~ $100/hr. $2,400.00 Landscape Architect 33 hrs. ~ $ 70/hr. $2,100.00 ACAD/Computer Technician 40 hrs. ~, $ 50/hr. $2,000.00 Total $9,700.00 · Order ef maenitude ovinion ¢f costs Principal/Senior Transportation Engineer 2 hrs. ~ $100/hr. $200.00 Principal/Senior Landscape Architect t6 hrs. ~ $100/hr. $I,600.00 Landscape Architect 30 hrs. ~ $ 70/hr. $2,100.00 ACAD/ComputerTechnician S hrs. ~ $ 50/hr. $400.00 Administrative Assistant $ hrs. ~.~ S 40/hr. $320.00 Total $4,620.00 · Organize and facilhate one (1) community workshop Principal/Senior Planner 1~ hrs. ~ $100thr. $1,600.00 Principal/Senior Transportation Engineer 6 hrs. ~ $100/hr. S600.00 Principal/Senior Landscal:e Architect $ hrs. ~ $100/hr. $800.00 Landscape Architect S hrs. ~ $ 70/hr. 5560.00 ACAD/Computer Technician 12 hrs. ~ $ 50/hr. 5600.00 H~'dTraffic Ops-.a,~ Dept Landsccpe DocsAVork Ordem WO - $0.00 Page 2 AGENDA.ITEM_ ' Administrative ,a,~,s!slant 4 !:rs. ~ 5 <O/hr. $160.00 Total $4,320.00 Subtotal Task 2.3: Task 2.4: Conser. srs Plan Princi~al'Senior Planne~ 4 hrs..~ $100/kr. $400.00 Principal/Sen/or Transportation Eng:neer Principal'Senior Landscape Arch!tec't Landscape ArChitect ACAD/Computer Technician Adminis:rativc Assistant Total · Prelimir..arv phe~iro alan Principal, Senior Planner PrincipabSenior Transportation Engineer PrincipaLS:nior Landscape Architect Landscape Archi:oct AC. AD/Computer Techni:iar Total 4 hrs. t,~ $100/hr. $400.00 12 hrs. ~ $100/hr. $1,200.00 12 hrs. ~ $ 70/hr. $840.00 $ hrs. @ $ 50/hr. 5400.00 4 hrs. ~ $ 40/hr. 5160.00 $3,400.00 hrs. ~' $100/hr. $200.00 hrs. ~ $100/hr. $200.00 hrs. ~ $100/hr. $600.00 hrs. ~ $ 70/hr. $560.03 hrs. ~ S 50/hr. $400.00 $1,960.00 · ~eet 'vith clien: ?.::d Principal, Senior Planner .: hrs. ~ Sl00;hr. Principal Senior Transporta::on Eng:neer 4 hfs. ~ $lO0/hr. Principal:Senior Landscape Archi:cc 4 hrs. ~ $100/hr. Total Task 2.3: Final ,¥fa:'eer Plan · .P..repare final m::s'~:.r ?iar. Principal;Sen/or Planner PrincipalSenior Transportation Eng:neer PrincipaFSenior Land. sclpe Arch:re:: Landsca.ee Ar:hitect ACAD Computer Technic/an Total · Cancan:ual opinio:: of cc~: Principal Senior Planner Principal; Senior Transportation Engineer Principal, Senior Landscspe Archite:: Landscape Architect ACAD/Compmer Technician Administrative Assistant Total Principal, Seni;rPiannerPhasin-" plan Principal;Senior Transportation Eng'2:.eer Principal, Senior Landscape Architect Land,cape Architect ACAD/Computer Technician Total Master elan report Principal'Seni r Planner Principal/Senior Transportation Engineer Principal/Senior Landscape Architect Landscape Architect ACAD/Ccrapuler Technician Administrative Assistant Total $400.00 S400.00 5400.00 51,200.00 Subtotal Task 2.,~: 5 hrs. ~ Sl00/hr. $600.00 16 hrs. ~ Sl00/hr. Sl,600.00 24 hrs. ~ S100/hr. $2,400.0(I 50 hrs. ~ $ 70/hr. $2,100.00 -O hrs. ~ $ 50/hr. $2,000.00 $8,700.00 2 hrs. ~ S100,'hr. $200.0C 4 hrs. C~ 5100,'hr. $400.00 !2 hrs. ~ Si00/hr. $1,200.00 ~£ hrs. ~g $ 70/hr. $840.00 S hrs..~ S 50.'hr. $400.00 S hrs. ~ 5 40/hr. $320.00 53,360.00 hrs. ~$100thr. 5400.00 hrs. ~ S100/hr. $100.00 hrs. ~i $I00/hr. 5800.00 hrs. ~ $ 70/hr. $560.00 hrs. ~ $ SO/hr. $600.00 S2,760.00 S hrs. :~ $100,'hr. $800.00 6 hrs. ~ $100/hr. $600.00 ~2 hrs. ~ $100/hr. $1,200.00 ~ hrs. ~ $ 70/hr. $560.00 12 hrs. ~ $ 50/hr. $600.00 16 hrs. ~ $ 40/hr. $640.00 $4,400.00 i Present final master ~lan to committee & MSTU community Principal/Seal rPlanner 16 hrs. ~ $100/hr. $1,600.00 Principal/Senior Transportation Engineer 6 hrs. ~ 5100/hr. $600.00 Principal/Senior Landscape Architect S hrs. (~ $100/hr. $800.00 Landscape Architect S hrs. ~ $ 70/hr. $$60.00 ACAD/Computer Technician 12 hrs. ~ $ 50/hr. $600,00 Administrative Assistant 4 hrs. @ 5 40/hr. S160.00 H:\:Tmffic Ops-ATM D~t L~r, dscape Does'AVork Orden, .WO - TLO. v,': 11-34-C, l.do: $18.6~0.00 56.560.00 Page 3 AGENDA oo Total $4.320.00 · Finn: master p!ar: :o Bea~_~ of County Comm:'ssioner.~ fer adoption Principal/Senior Piann~r 4 hrs. ~ S100/hr. S4~0.00 ~rincipal/Senior Transportation Engineer 4 hrs. ~ Sl001hr. S400.00 Principal/Senior Lands:ape Arckite:: 4 hrs. ~ Sl00/hr. $400.00 Total $1,200.00 Subtotal Task 2.5: $24~'740.00 Task 2.6: Reirnbursable Expenses · Blueprin:, repro service.~, co:or graphics, etc. ($2,500.00 T,M,E) Total $2,500.00 Subtotal Task 2.6: $2,550.00 TOTAL FEE: $72,690.00 3.0 Assumptions 3.1: The design work will commence ar-pro×iron:ely in the fall of 2003 and will be completed by the end of March 2004. This time frame will allow for the review and p,rticipation of seaso:al residents of the community. Should the time frame extend beyond the proposed schedule through no fault of WilscnMiller, Inc., WilsonMiller wi'Il be entitled to additional compensation, to be identified at such time as the schedule is adjusted. 3.2: WilsonMil!er re~resenta: ,,'es ',~ill a::er, d the monthly meetings of the Committee during the specified time frame, in:luding :he two meetings at which the public workshop and presentation will take place. Should ar.y additional meetings be requested or necessary, the), '.`,'ill be performed as add:tional s('rv~c¢s. ' 3.3: The Client '..`'itl provide :he information outlined in paragraph 2.1.1. Should it become necessary for \VilsonMiller to collect a portion of the information, the scope of su:h data collection will be determinec with :he Client Project Manager, and it will b.' provided as additional services. 3.4: The bicycle and pedestrian crash da:a outlined in paragraph 2.1.I ',','ill be provided in a summarized, digital format. Any change within monetary author/E,, of thi.~ Work Order made subsequent to final department approval will be consid,:red an a~Y~naI ~er.'ice and char~ed according to Schedule "~" of the Agreement. ~ ~ / ..~ ' ' Bo~:ersen,*Prcject Manager, ~raffic Ops. Date ~ ~ ~ & Alternative T:ans,orlation Modes ] / APPROVED BY: I~ / ~laxf~ ~ D~an~ ~ F~at$, Traffic Ops. & Alternative Dat~/ Transporlat/~n Modes Director ACCEPTED BY: Date: Name o f.,.~r m / /I ...... Signature Typ~ Nam~ and Title ' -'~ / '/ H:\lTraffic Ops-ATM Dept,,Lands ca~: Does ,Work Order~ ,WO - TLC-'¢,'Mi-04-O l.do: Page 4 A~ENDAJ_TEM Pg. ,.~ - ~ EXECUTIVE SUMMARY AWARD OF BID 04-3616 "ADVERTISING OF DELINQUENT REAL ESTATE AND PERSONAL PROPERTY TAXES FOR 2003" OBJECTIVE: To have the Board of County Commissioners award a contract to a newspaper of general circulation in order to provide advertising of delinquent real estate and personal property taxes in compliance with applicable Florida Statutes and administrative codes. CONSIDERATIONS: In order to comply with the requirements of Florida Statutes 197.402-403 and Subsections 50.011 and 50.031 the Collier County Tax Collector, Guy L. Carlton, is responsible for the collection of delinquent taxes and advertising of the same in a newspaper of general circulation. Accordingly, bids for the advertising were solicited by the Purchasing Department on January 27, 2004. Notices of the bid invitation were sent to 18 firms. On February 11, 2004, the Purchasing Department opened bids from two bidders, Tuff Publications, Inc. and Naples Daily News. (see attached bid tabulation sheet) According to the award formula in the bid package-the results are as follows: Naples Daily News Real Estate Properties: 10,000 x $1.77 x 3 = $53,100 Personal Properties: 2,000 x $1.77 x 1 = $3540 Total: $56,640 or 28.5 cents per household Tuff Publications Real Estate Properties: Personal Properties: Total: 10,000 x $1.83 x 3 = $54,900 2,000 x $2.18 x 1 = $4360 $59,260 or 37.0 cents per household The Naples Daily News has a circulation of approximately 49,674 as compared to the Tuff Publications newspapers, which have a collective circulation of approximately 40,000. As per the above Florida Statutes, the Board determines the award of the contract. Further, Administrative Code, Section 12D - 13.036 provides for the Board to award the contract within the month of February. In order to fUlly comply with the requirements for posting awards under the Board's purchasing policy, staff requests that the Board makes this award effective subsequent to the two-day posting period set forth in the policy. FISCAL IMPACT: The Tax Collector's office has the appropriate funds budgeted for this expenditure. The actual cost of advertising is ultimately recovered in full from the property owner or purchaser of each tax certificate. GROWTH MANAGEMENT IMPACT: There is no direct impact on the growth management plan. RECOMMt;NDATION: That the Board of County Commissioners award Bid 04-3616 "Advertising of Delinquent Real Estate and Personal Property Taxes for 2003" to the Naples Daily News in the estimated amount of $56,640. The award is made subject to completion of the twO-day posting period set forth in the purchasing policy. _ .... ~,?_,~_h-- ~ i AGENDA ITEM J FEB 2 200 [ pg. SUBMITTED BY: ~~ ~cot~ D. Johnson, Purchasing Agent Stephen Y-~-C~rn~l~, Purchasing & General Services Director Len Price, IJ Administrative Services Administrator Date: EXECUTIVE SUMMARY A RESOLUTION SUPPORTING FULL AND ADEQUATE FUNDING FOR THE STATE COURT SYSTEM AND THE TWENTIETH JUDICIAL CIRCUIT TO ENSURE JUSTICE FOR ALL FLORIDIANS. OBJECTIVE: That the Board of County Commissioners approve a Resolution supporting full and adequate funding for the state court system and the Twentieth Judicial Circuit to ensure justice for all Floridians. CONSIDERATION': Revision 7 to Article 5 of the Florida Constitution addresses funding of the courts in Florida. This Resolution will allow Collier County to maintain the current standard of services provided by the Judiciary, Office of the State Attorney, the Office of the Public Defender and all court related agencies. GROWTH MANAGEMENT IMPACT: None. FISCAL IMPACT: There will be no fiscal impact to the County if the current standard of services is provided by the State once Revision 7 to Article V of the Florida Constitution is full>' implemented. RECOMMENDATION: That t~e Board of County Commissioners adopt this Resolution and authorize the Chairman to execute same. SUBMITTED BY: ~-~'~--'"~-~-,.. Date: February 12, 2004 Sharon Telly, ~ Administrative Assistant APPROVED BY: ,~' H~o~'a-b -?H ~l~l~}e s, C-~ief Judge Date: February 12, 2004 REVIEWED BY; ........ " James Mudd, County Man~.ger Date: ",' "<:-":" / ' 2004 RESOLUTION 04 - A RESOLUTION SUPPORTING FULL AND ADEQUATE FUNDING PeR THE STATE COURT SYSTEM AND THE TWENTIETH JUDICIAL CIRCUIT TO ENSURE JUSTICE FOR ALL FLORrDIANS. WHEREAS, Article V of the Florida Constitution provides authority for ~ Judiciary, its organiza~on, and funding; and WHEREAS, on November 3, 1998, thc voters of Florida passed Revision 7 which ameaded / Article V of the Florida Constitution; and W'rIEREAS, counties fund many components of the stale court system, the offices of the s~te attorneys, public defenders, and clerks of court; and WHEREAS, other types of cxp~n.~s presently paid by counties include office space, courtrooms. administrative staff, communication services, expert witnesses, inte~reters, security, depositions, court progr~m.~ and oth~r miscetlancous ~luipmenl and travel expenses; and WHEREAS, the County funds over half of th~ budget fro' the Twentieth Judicial Circuit; and WI-'I~:REAS, as part of the Judiciary, the Tv,~ntieth Judicial Circuit serves the citizens of Collier County; aad in particular, it: 1) Guarantees the f~eedoms we enjoy daily by upholding the law, prote~ng our individual rights ami libe~tie, s, enforcing public order, and providing for a peaceful resolution of dispules; 2) Safeguards victims' rights, de~ermtnes guilt or innocence of the accuse:l, and imposes appropriale punishment; 3) Resolve.s personal, business, and property disputes; 4) P~ects families, children, the old~rly and infirm; Facilitates case processing through progruns thai provide citizens with timely and efficient access to justice and that relieve the impact on the Court sysmm and County services resulting from population grow~; 6) 7) Provides due process services tluu p~olect each ¢~liz~n's right to a fair and impartial trial through such ~rvic~:, as court-appoint~l expa,"t wimesses, interpreters, and court Provides post-adjudication sowices thai ensure compliance with court ord~r0d sai pg._ c~ _ that reduce recidivism, and, most importantly, that offer offenders a structured wogram thmush which they can restored as a viabk membe~r of society; and WREREAS, Begirmin8 July I. 2004, Revision 7 requires the bulk of expenses ~sociatcd wilb the comte, gta~.s attm'r~ys, and public defenders to be funded by the Slate and not the coenti~s; and WHEREAS. presently the Florida coups ret:ire less than 1% of thc to~a12003/2004 State budge.,I and afle~ I~: implementalion of R~vision will re~ive le~ than 2% of the State's 200~200.5 budget; -,nd WHEREAS, the rights and ~oms of the citizens of Collier County depend upon an impaV, ial and independent judiciary and on the ability of the Sram Attorney and the Public Defender Io fulfill tbeJf vital, roles; and WHIgREAS, witho~ adequate funding, th,' courts, state altorneys and public defenders will bc unable to addresz all cazes ~'ought before the Courts, to serve vital public interezts, and to pt'mt'ct our basic NOW, 'ITIEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: The Board of County Commis,sio~rs of Colher County recommend and request thai the Florida l.~gislature fulfill its obligations under Revision 7 to ensure that the Florida State Court System and the offices of the State ARorney and the Public Defender of the Twentieth Judicial Circuit receive full ar, d adequate funding to support the programs iclenfi f~xl in Revision 7 (the budget gubmitted by the Chzef Juslice of the Florida Supreme Court). PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, F{orida, this day of 2004. BOARD OF CO~ COiV/MISSONERS OF COLLIER COUNTY, FLORIDA DWIGHT E. BROCi~ CLERK By: By: Approve~l as ~o form and legal s~fficiency: J~amffer A. Belpndio AGEND^ FO-iv: FEB 2 200 Sheet I of 2 AVESMT2003-AR4981 EXECUTIVE SUMMARY PETITION AVESMT2003-AR4981 TO DISCLAIM, RENOUNCE AND VACATE THE COUNTY'S AND THE PUBLIC'S INTEREST IN THE WATER RETENTION EASEMENT CONVEYED TO COLLIER COUNTY BY SEPARATE INSTRUMENT AND RECORDED IN OFFICIAL RECORD BOOK 808, PAGES 1899 THROUGH 1900, AND IN THE DRAINAGE EASEMENT CONVEYED TO COLLIER COUNTY BY SEPARATE INSTRUMENT AND RECORDED IN OFFICIAL RECORD BOOK 808, PAGES 1901 THROUGH 1902, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. LOCATED IN SECTION 15, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. OBJECTIVE: To adopt a Resolution to vacate the Water Retention Easement and the Drainage Easement conveyed to Collier County by separate instruments and recorded in Official Record Book 808, Pages 1899 through 1902. CONSIDERATIONS: Petition AVESMT2003-AR4981 has been received by the Engineering Services Department from Cody B. Vaughan-Birch, Esq., from Henderson, Franklin, Stames & Holt, P.A., as agent for the petitioner, Imperial Golf Club, Inc., requesting the vacation of the Water Retention Easement and the Drainage Easement that was conveyed to Collier County by separate instruments. The Water Retention Easement and Drainage Easement were established in 1978 to retain and convey surface waters from property to the north. The surface waters from the property to the north are now retained and conveyed through the golf course via a system of interconnected lakes. The golf course drainage system does not utilize the Water Retention Easement nor the Drainage Easement proposed to be vacated. The Drainage Easement does not connect with a water body on the north end and does not connect to any outfall on the south end. Letters of No Objection have been received from the following Collier County Departments: Public Utilities, Engineering Services, Transportation and Stormwater Management. Zoning is GC. A copy of this Executive Summary and the date of the County Commission Board Meeting were sent to Ed Kant in Transportation and to Jacquelyn Johnson in Public Utilities on January 16, 2004. FISCAL IMPACT: Planning Services has collected a $1,000 "Petition to Vacate" fee from the petitioner which covers the County's cost of recording and processing the Petition -- FEB 2 Shee! 2 of 2 AVESMT2003-AR4981 GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with this Executive Summary. PLANNING SERVICES STAFF RECOMMENDATION: Recommendation that the Board of County Commissioners: 1. Adopt the Resolution for Petition AVESMT2003-AR4981 for the vacation of the Water Retention Easement and the Drainage Easement conveyed to Collier County by separate instrument; and 2. Authorize the execution of the Resolution by its Chairman and direct the Clerk to the Board to record a certified copy of the Resolution in the Official Records. PREPARED BY: t?, ,- _z.-'_ ~.~? z~-- t ~-~','/~ Rick Grigg, P.S.M. Engineering Services DATE: REVIEWED BY: ~jU, ~777t~2~, . Thomas E. Kuck, P.E. Engineering Services Director DATE: JoSeph K. Schmitt, Administrator /munity Development & Environmental Services DATE:,~//~f~'.(t/ FEKj 2 A RESOLUTION NO. 2004- A RESOLUTION OF THE COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS FOR PETiTION AVESMT2003-AR4981 TO DISCLAIM. RENOUNCE AND VACATE THE COUNTY'S AND THE PUBLIC'S INTEREST IN THE WATER RETENTION EASEMENT CONVEYED TO COLLIER COUNTY BY SEPARATE INSTRUMENT AND RECORDED IN OFFICIAL RECORD BOOK 808, PAGES 1899 THROUGH 1900, AND IN THE DRAINAGE EASEMENT CONVEYED TO COLLIER COUNTY BY SEPARATE INSTRUMENT AND RECORDED IN OFFICIAL RECORD BOOK 808, PAGES 1901 THROUGH 1902, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. LOCATED IN SECTION 15, TOWNSHIP 48 SOUTH, RPuNGE 25 EAST, COLLIER COUNTY, FLORIDA. WHEREAS, pursuant to Section 125.01(t), Florida Statutes, Cody B. Vaughan-Birch, Esq., from Henderson, Franklin, Starnes & Holt, P.A., as agent for the petitioner, Imperial Golf Club, Inc., does hereby request the vacation of the Water Retention Easement conveyed to Collier County by separate instrument and recorded in Official Record Book 808, Pages 1899 through 1900, and the Drainage Easement conveyed to Collier County by separate instrument and recorded in Official Record Book 808, Pages 1901 through 1902, Public Records of Collier County, Florida; and WHEREAS, the Board has this day held a public hearing to consider vacating the Water Retention Easement conveyed to Collier County by separate instrument and recorded in Official Record Book 808, Pages 1899 through 1900, and the Drainage Easement conveyed to Collier County by separate instrument and recorded in Official Record Book 808, Pages 1901 through 1902, Public Records of Collier County, Florida; and WHEREAS, the granting of the vacation will not adversely affect the ownership or right of convenient access of other property owners. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the County's interests in the following described Water Retention Easement and Drainage Easement be and are disclaimed, renounced and hereby vacated, and this action is declared to be in the Public's interest and will provide a public benefit: See Exhibit "A" attached hereto and incorporated herein. AGENDA ITEk1 FEB 2 200h BE IT FURTHER RESOLVED, that the Clerk to the Board is hereby directed to record a certified copy of this Resolution in the Official Records of Collier County, Florida. This Resolution is adopted this day of after motion, second and majority vote favoring same. ,2004, DATED: ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: Deputy Clerk Chairman Approved as to form and legal sufficiency: l~rick G. ~l~te. Esq. ~ ' Assistant CoXhty Attorney AGENDA I~,--~' .o. i W II W W S 00'39'1~' £ 450,00 Z O0'Og~ /~ ,~I,6C.O0 N O~ 0 > In' W f.D C:~ ,,,.-4 Z Z W WU~ Z~ Z 6.O c~W .~W mU_ Zn FEB 2 ~ 200~ X Attachment (4) If applicant Is a Is:nd trust) indicate the name of beneficiaries. Ifnpplicant Is a corporation other than st public corpotntion~ Indicate the . and major stockholders. (see attached') name of officers If applicant Is st partnership, limited partnership or other business entity, indicate the name of principals. List sill other owners. · AGENDA RECEIVED i:' ii: ~ 'FEB 2 ~-~'~" ~) (1) Location ofSubJectPropeFty:_-~-~er±al Lakes Golf C__lub, south of county lihe, .east 6f us41. · 48S ~ · 25E ' · Location: SecOon 1 5 Township Aunge .. · Official RecordBook 808 Page (s)_1899-1902 .... ' Current Zoning:.,,. c-c ~ Does'this st.ffect denslty??o Legal Deseri.ption: . see at.ch,ed description - Req °~'~ attached narrative Reason for uest: ~- .= hereby aut]j~-ize Agent above ~o re. present rne for this petlflon~ f~ yes C) No ' · Sign~ture-ofPetitloner - ~/'/ ' = - ~):te -' .... Pies:se see "Pollc~ nnd Prueedure for the Extinguishment of Puhiie Easements by SePstrate'Xnstrnrnent~ for the list of supportive materials wMeh must accompany this petMon, and deliver OF m~i to; Community Development & Enylr0nrnentnl Services Divisto'n Planing Services Department 2800. North Horseshoe Dr. ' Naples, Florida 34104 Tdephone:_(239) 597-8165 Zfp Code:_.~ 4110 :: Teieph°aet(239) 334-4121 F2P C0de:.33902-0280.; Address: 1 808 Imperial Golf Gourse Blvd. · City/State: Naples. Florida · Cody B. Vaughan-Birc~ or Agent: R~:ussell P. ScHropp~-Esq.' .._ ~ Henderson.'Fra~klLn; Starnes & Aaaress:_P.O. Box 280 ~/ty/St~te: Fort Myers; Florida NARRATIVE FOR PROPOSED EASEMENT VACATION AT IMPERIAL GOLF CLUB The applicant is proposing to vacate a water retention easement and a drainage easement that are both located within the Imperial Golf Estates golf course tract. The water retention easement is a 4.13-acre parcel that was established in 1978 for retention of surface waters from property to the north, through a drainage ditch. There is no evidence of those facilities being in place today. The easement area currently contains a portion of a linear lake, golf course play area and a portion of wetland. The geometry of this easement does not coincide with the existing land uses within it. The drainage easement to be vacated is a 50-foot wide strip of land established in 1978 for draining surface water from the same property to the north. This easement does not coincide with the current land uses constructed within it, as it contains golf course, wetland and some pavement. It does not connect to a water body on the north end, nor does it connect to any outfall on the south end. The South Florida Water Management District Construction and Operation permit was issued in 1980, which permitted construction of the golf course. The offsite area to the north was designed to drain through the golf course via a system of interconnected lakes. The golf course drainage system does not utilize the proposed water retention easement nor the 50' wide drainage easement proposed to be vacated. 7952-2-easevac.doc AGENDA FEE 2 Official Receipt- CDPR1103 - Official Receipt Collier County Board of County Commissioners ITrans Number 442180 IDate 11/3/2003 12:21:41 PM Post Date. 11/3/20O3 Payment Slip Nbr AR 4981 Appl Name: HENDERSON, FRANKLIN, STARNES & HOLT, P.A. Appl Stage/Status: REVIEW STAGE NO. 1/PENDING Address: CODY B. VAUGHAN-BIRCH P O BOX 280 FT. MYERS FL 33902 Proj Name: IMPERIAL GOLF COURSE Type: TAZ: Subdiv Nbr: 100 Project Nbr: 2001030071 Payor' HENDERSON Fee Information Fee Code ~ GL Account Amount Waived 10TRVC 113113832632910000000 $1000.00 Description VAC EASEMENT-ROW Total $1000.00 Payments tPayment Code I Account/Check Number AmountI CHECK t 426478 $1000.00 Memo: Total Cash $0.001 Total Non-Cash $1000.00 Total Paid I $1000.001 Cashier/location: GARRETT_S / 1 User: SMITH_G Collier County Board of County Commissioners CD-Plus for Windows 95/NT Parcel Page 1 of 1 Collier County Tax Collector 3301 Tamiami Trail East, Naples, FL 34112-4997 2003 Tax Roll Inquiry System OWNER INFORMATION I N~'ne:IJlMPERIAL GOLF CLUB INC I Address'~11808 IMPERIAL GOLF COURSE BLVD I ~dress:]l I Address~[ ..... [ _Addr~$:ll I Addm~s:JlNAPLES, FL34110-1010 PROPERTY INFORMATION IF="me*:lJ°°'m24°°°s Il ~re:ll'm'a° I L°~II13Z°4 WEDGEF]ELD DR, NAPLES (.M...~j~ I LegaJ:l~ 48 25 IMPERIAL GOLF COURSE J Leg~:JJw DESC AS: THAT PORTION OF I Legal:lis1/2 OF SEC 15 L~NG E OF I LegaI:I[~CLR Fi/W, LESS N1/2 OF NWl/4 VALUF. JEXEMPTIONS Taxble wue:l1268sl a2 TAX INFORMATION CountY:ll~ 1.179-41 School St:ill 0,661.26 PAY TERMS Nov:lI33,043.72 PAYMENT INFO I ci~ T~x:ILo.on Dopend~'l12.167.4.4 [ F. H134,9Ol.~ [ M~IlaS~a.87 Ap~r foo:tlo-oo A~e~ing:Jlo.6o Wholly ~:11o STATUS INFO. N°"AdW:IIN 4 Sankrup~':llN ~A:llo EXTRA LEGAL INFORMA'RON OF SE1/4, N 280FT OF S1/2 OF NWl/4 OF SEl/4 + LESS PAR DESC IN OR 836 REF AS SOFT STRIP PG 809, TH APG 810, TR Et PG 811 + ST AREAS N + S PG 813 + COMM NW CNR OF W1/2. OF SW1/4, SEC 14, SLY 492.53FT, N 79 DEG E 135.2.8FT, $ 36 DEG W ?.2.5.6"3FT TO SEC U SLY TO SW CNR SEC 14, ELY TO SE CNR W1/2 OF .~W1/4, NLYTO PT 2229.41 Fl' $ OF NE CNR OF W1/2 OF SWll4, ELY 310FT NLY 15SSFT ELY 135FT, NWLY + NL¥ ALG ARC OF CURVE TO LEFT 28.~.22FT N 27 DEG W 145FT, N 66 DEG E 227.2.3FT, N 23 DEG W 28.45FT, NWLY + NLY ALG ARC OF CURVE TO RIGHT 28.4SFT N 5 DEG W 27.9F'r, NLY t- WLY ALG ARC OF CURVE TO LEFT $$.85FT, S 81 DEG W' 671.48FT, NLY 225.$2FT TO NE CNR W1/2 OF SW1/4, WLY TO POB, LESS 60FT R/W OR B32-1239 PAR 14, TR C PAR 12~ OR 832-1242 PAR VIII OR B32-1235 PAR 15 'IR A OR 832-1240 PAR 13 + BEG NE CNR SEC 22, W 1682.18FT TO ELY R/W RR S 6 DEG E 326.16FT, Last Updated: 12/17/2003 5:00pm http://www.collierrax.com/RecordDetail.asp?FoliolD=00153240005 '0064 567' m3OEc-2 m9:33 ~I%L£R I~OONTY RiCIR~EO ~RUST~~ S D~O Naples, Florida, e Rational Banking Corporation du~y authorlsed trustee unaer t~e provisions of a deed oz deeds In trust duly recorded and delivered to auld cor~ration in pursuance of a trust agroe~ent date~ the ~th ~ax of Oc~ober ~ ~9~ and kno'~ as Trust ~mber 5131 , patty to the first pa~t, and I~ERI~ ~LF CLUB, INC., a Florida corporation imperial ~oulevard ~x ~aplee., FL 33942 , party of the macon& part. WITNE~S£TI{~ that said party of the first part, tn consider- ation of the sum of ?on and no/lO0 ($10.00) ...... Dollars, and other good uno valuable considerations in hand paifl, does hereby grant~ sell and convey unto =aid party of the second t~art~ the following described ~eal estate, attuata~ in Collier County, Florida, to wit: Those certal~ lands described in ~xhibit l attached hereto and made a part hereo[. 5U~EC? TO easements, ~eservatio~s and re~trictions of recor~l and taxes fo: t~e year lt8~ and subsequent years. Documentary Stamp Tax Collier County, Florida WIUlprn J. Re. agan, Clerk '1 Together with the tenements and appurtenances thereunto TO HAVE ARD T O HOLD the aa~e unto s&ld par~y of the ao~ond part, and to t~e proper use, benefit aM behoof fo:ever of enid party of the second part. TRUSTEE' S DEED FED 2 · . 0C, 105 000318 " OR BO0 P GE GRANTOR covenants and warrancs that the property is free of all encumbrance! made by Grantor, except that this deed is 1. Conditions, reltrictions, limitations and eaeementa of record, if any, but this provision shall not oper&to to re-Impose tho same. 2. losing and other governmental regulstione affecting the ~se and occupancy of the real property. 3. ?Ax&l and asseslments for current and subsequent years. 4. Lien of every trust deed or mortgage {if any there be) of record in laid county given to secure the payment of money, and remaining unraleased at the date of the delivery hereof. IN WITNESS WHEREOF, said party of the first part has caused its corporate seal to be hereto affixed and has caused its name ~o be signed to these presents by its duly authorized officer, the day and year firDt above written. Signed, sealed and delivered FIRST NATIONAL BANK AND TRUST in the presence of: COMPANY OF NAPLES Naples, Florida, ms trustee u~der L=nd l~ust NO. 5131 (SEAL) STATE OF FLORIDA ) ) ,' COUNTY OF COLLIER ) ''"~' I HEREBY CERTIFY that on this day before me, an officer duly qualified to take acknowledgment, personally appeared an officer of the FIRST NATiONAl, BANK A~D TRUST COMPANY OF NAPLES, Naples, Florida, a National Banking CorpDration, and that _ h, acknowledged executing the same in the pre~ence of two subscribing witnesses freel2 and voluntarily under authority vested in .Jl~ bY said corporation and that the eeal affixed theroto is the true corporate seal of said corporation. WITNESS my hand and official seal in the county and State day o~ Novembe, r ., 19 83 · last aforesaid this 29th THIS INSTRUMI~.NT pI{EPARED BOND, $CHOEI~EC~ 11~7 THIRD STREET SOUTH HAPCES, FCORI~ AGENDA ITEM FEB 2 200 i .,.,,, /'/ ~e Nor~ ~,11 r,e~ or the vts~ . iroredeiQrl~l~ fri0~ton or Se~tlofl For 95~,X3 r, et ~o t~e PORN? q~ar~er C~/&} of atc~tcn 1~, ToWfllh~p ilo2 ~he arc or i ~.rve~ co,cave to the ~ou~hlaat, hiv~flg a radius thence ~T for 1~5,00 ~eeT; ~hence ~fO' GO' O]" g for ~2~ fee~ ~0 the Po~fl~ of Bagl~tng. TRACT VZ I A irClL 'or land tn Section 22, Townehip ~8 -'qGUth, I~&nse ~5 ~llt, n Flortdl, deicrttld ii follows: 9eRtnntfl& it tho lUb~end~d by & ohor4 hlYtfl~ troll thenoe 146,66 fee% miens I ' o ' 1 E to a otnc ot tjnKency; thence 5 ~)~ ~ ~ ~ for ~ ......... t 182 ~0 and i beartfl~ nt of AGEJ~A ~.~ { FEB 2 ~ 200.~ pg. /~- -. 808P [18 B ~er-Grantor, ~, con~ideration si ~e toes hereby ~r~, b~riA~ lnd fill ~ Gr~ncse ~u eu~nc lot recefl~lon of ~c=ion 14, T~hip 48 ~u=h, ~ule 2~ ~lt. chaC ceftin drai~e ditch le~lly described ~ L~ C. S~ ~fld ~IUS ~ES ~o ~ ~, ~l~, recorded ~ccrds ~k ~ a~ PaSo /~ of the ~blic accords of ~llier ~un~F. into ~c cer~ lob. ~ is ~ke Sheba. ~uch, h~e 2~ E.~, ~ier ~uncy. ~or~i. o~cached here~o and Mde a p~ ~ WX~ISS ~IE~07, ~he par~i~ h~ve ~eumCo a~i~ed ~ u of ~e day smd y~r fire= ab~ STATE OF FLORIDA · CO~"i'Y OF COLLIER ' ~he foregoinl ~st~nc vas ~kn~iedged before ~ ~is /~ ~Y of ~ATE O~ ~O~XDA "'"'' ~ ' :' ~'~ -- · . · * '' ....'~. o,-,- ~ ~ ~ ~__ ... .~'-.. FEB 2 p~. REC, Beginning at a point which lies sol.3?' 16'B · diet~tnc· of 25 feet, N89° 54' 15"W & d~stanc· of 738.43 te·~, and SO° 40' 39"S a 4istance of S0~,13 fee~ ~r~n the east one corner of Section 15, ~485, ~25E, Collier County, Florida! thence S8~54' IS"E a diet&nc· of 25 ~ee~l ~ence SO* a distance of 450.0 ~ee~; [hence ~89e SS' 3L'W a 6~l[&~o 400.0 feel; ~ence ~0'39' [4'W a G$s[~o o~ 4S0.0 Zee~ S89° 55' 3~'S a d~s=~co of 400.0 fee~ ~o ~e ~ oZ ~g~- n~g containing ~ ~ea o~ 4.L3 ac:e· ~=o o~ AGENDA ITF~ FEB 2 ~ 200~ D~SD. ~.de the= ;~ day o[ ~,~ ~,__, 1978. by and ~t~een L~ C. SHEE~ and ~LIUS ~ES hereinafter referred to i~ "~era~rantors",. and ~Z~ CO~ ~ORZDA~ as VGrantee"; ~ere~ranCors, ~n cons~deration of the sun of ~10.00 ~d other and valuable consideration, receipt of ~ch ~s hereby ackn~ledE~ have do hereby grant, barAain and ee~ ~o Grantee a f~cy-foot v~de ease~nt for the 1natalities. maSn~enance and opez~ctou of a dral~e ditch across ~cc/on8 side of · line described on ~hibtc "A" leached a~ Male s ps;Z ~reof; of ~e ~ 1/2 of Section 1~, To--hip ~8 ~u~h, h~e 25 hsd. ~llier for the purpo~ of clear,nS, mlntatnluS a~ ze~tr~ng said dre~qe eas~C, ~tch clearing, mlfltenaflce a~ repair shall be at ~he expense of Grantee. XN ~I~ESS ~OF, the pir~lei have hereunto affixed their and aea~s es of t~ day and year first above vritten. I/itn~eoeC~: %', ~ccept~ sub,act to additional p~viston on Exhibit 'A' LLOYD · .< ..... . "'¥ %_ (Seer) STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument vas &ckno'~ledged before ~e this ~/~ a3t Of':.". (/)~, c~ .., 1978, by ~oyd G. Sheeha~ ~ ,d J~l~us Fe~es., XoKary Publ~, S~ My co~isaion exp STATE OF FLOKIDA COL~Y OF COLLIER The foregoing :l.n~..r,~u~ent w~i~ .aSkg~ed~d.~before ~ta;e {f florida, on behalf of said County. Notary ~t,[1 ic, My com~ssl~h expi AGENDA ITEM 2 2004 Pz., / EXHIBIT "A" OFF. REC. SHEEHAN - FF~JES - P~CEL IV 808PAGE190 A strip of land situated In Section 1S, T485, R25E, Collier County, Florida 50 feet wide being 25' cipher side of a Line described es followsl Beginning at a po}hr ~?ch lies N89" 54' 18"W a distance of 738.43 foot, S0e 40 39 E a distance of 976.11 foot, &nd N89' 55' 31'W a distance of 350.0 feet from the cast one quarter corner of said Section 1S; thence N89e 55" 31"W & d/stance of 708.97 to a point 25 east of the east R/W line of the Seaboard Coastline Railroad, thence southerly parallel to said railroad R/W along a curve concave to the left with a radius of 22,853.3 feet and~ - 2~ 37' 52' a distance of 1049.37 feet~ thence S5° 59' 13'E parallel to said railroad R/W a distance of 691.83 feet to the aou~h line of said Sec. 15, said tract containing an area of 2.81 Aero, more or less. ADDITIONAL PROVISION This de~l¢ation aJ,~ tile recordatio;~ ~f the 3um£ shall ncl ~l~;e any duty, burden or liability upon Collier County, by iomal act of the governing body, to accept the property herein and hereby dedicated, nor obligate Col'let County to i~prove the aforesaid property in any manner, nor shall acceptance of this dedication by for act of Collier County, obligate Collier County to improve the aforesaid property i~ any manner. AGENDA ITEM.~ FEB 2 200 OLRSE ~L¥0, ~. COLa? L I~[VE ASSESSMENT MAP COLLIER COUNTY, FLORIDA C~IP[I.~,O G OR~N FOR ~TY ~RAIS~ SECT[ON 25 TOWNSHIP ~ DRAWN BY, DATE 4/94 UPDATE- BY, DATE AC, Eh~DA ITE?," FEB 2 ~,.~,.'~'"? COLLIER COUNT? PUBLIC UTILITIES DMSION 3301 E. Tanfiami Trail · Naples, Florida 34112 ° (239) 732-2575 · FAX (239) 732-2526 August 6, 2003 Russell Schropp Henderson, Franklin, Starnes & Holt, P.A. 1715 Monroe Street P.O. Box 280 Fort Myers, FL 33902-280 Re: Imperial Golf Course Dear Mr. Schropp: This office has reviexved your request to vacate the drainage easement in the above referenced development. The Collier County Water-Sewer District has no facilities in the area and therefore has no objection to the vacation of the Easement. Should you have any further questions, please feel free to contact me. Sincerely, Jacquelyn R.~son Engineering Technician CC: Paul Mattausch, Water Director Joseph Cheatham, Wastewater Director Rick Grigg, Land Surveyor, Community Development LETTSZS OF NO OBJECTION g:\engineering tech\easement-r.o.w, n\impe,nal golf coume.doc o HENDERSON FRANKLIN ATTORNEYS AT LAW · FOUNDED ! 924 HENDERSON, FRANKLIN, STARNES & HOLT, P.A. 1715 Monroe Street (33901) s and Medical & Business Center Post Office Box 280 1..64~ Periwinkle Way, Suite B Fort Myers, FL 33902-0280 baniDel, FL 33957 TFe epho,ne: (239) 334-4121 T. elepho.ne: (239) 472-6700 acsimim: (239) 334-4100 ~acsimile: (239) 472-5129 Reply to Fort Myers Office: Randall J. Cohen Direct Dial Number (239) 337-8457 E-Mail: randall.cohen O henlaw.com October 24, 2002 John Houldsworth, Engineer Collier County. Project Plan Review 2800 North Horseshoe Drive Naples, FL 34104 Re: Vacation of Drainage Easements; Our File No. 11987/4 Dear Mr. Houldswodh: Please be advised that Henderson, Franklin, Starnes & Holt, P.A., is the agent for Imperial Golf Club, Inc., property owners of the land described in attached Exhibit "A". We have been engaged by Imperial Golf Club, Inc. for the purpose of petitioning Collier County in connection with the vacation of drainage easements currently existing on their property. The easements are described and depicted on attached Exhibits "B" and "C". The subject drainage easements were granted to Collier County as set forth in attached O.R. Book 808, Page 1899 and O.R. Book 808, Page 1901, both in the Public Records of Collier County, Florida. Please note that the easement documents do not prescribe the use for any private or public utility, but limit the use to drainage. Moreover, as set forth in the attached narrative provided by Agnoli, Barber & Brundage, the golf course drainage system does not utilize either easement. As part of the formal procedure to vacate the drainage easement, Collier County requires that certain utilities and users of the easements acknowledge this "Letter of No Objection". Please indicate your consent to the vacation of the easements by means of signature below and return the same to us. We have enclosed a postage-paid envelope for your convenience. Please do not hesitate to contact me at 337-8457 if you should have any questions. We thank you in advance for your prompt attention to this matter. With kindest regards, Ve~truly yours, , . / Randall J. Cohen ~ ~' C,, [:. ~ ~J ~'- ~ RJC/jma Enclosures The undersigned does hereby agree to have no obiection to the proposed vacation.. By: _~ ~,-._~ Print Name: ~0¢,,..~ t~oo~.~Obtz.~O. Date: , ~'~ ~,~ o ~. AGENDA ITF_JT, . .o. FEB 2 200q HENDERSON FRANKLIN ATTORNEYS AT LAW ° FOUNDED 1924 HENDERSON, FRANKLIN, STARNES & HOLT, P.A. 1715 Monroe Street (33901) Island Medical & Business Center Post Office Box 280 1..648 Periwinkle Way, Suite B Fort Myers, FL 33902-0280 banibel, FL 33957 Telepho,ne: (239) 334-4121 l_elephq,ne: (239) 472-6700 Facsimim: (239) 334-4100 t-acsirmle: (239) 472-5129 Rep~y Io Fort Myers Office: Randall J. Cohen . Direcl Dial Nutrbm' (239) 337-8457 E-Mail: randalLcohen O henl aw. Co~ VIA HAND DELIVERY, Mr. Greg Garcia Collier County Transportation Services Dept. 2685 South Horseshoe Drive Suite 211 Naples, FL 34104 Re: Vacation of Drainage Easements; Our File No. 11987/4 Dear Mr. Garcia: Please be advised that Henderson, Franklin, Starnes & Holt, P.A., is the agent for Imperial G°lf Club, Inc., property owners of the land described in attached Exhibit "A'. We have been engaged by Imperial Golf Club, Inc. for the purpose of petitioning Collier County in connection with the vacation of drainage easements currently existing on their property. The easements are described and depicted on attached Exhibits "B" and "C". The subject drainage easements were granted to Collier County as set forth in attached O.R~ Book 808, Page 1899 and O.R. Book 808, Page 1901, both in the Public Records of Collier County, Florida. Please note that the easement documents do not prescribe the use for any private or public utility, but limit the use to drainage. Moreover, as set forth in the attached narrative provided by Agnoli, Barber & Brundage, the golf course drainage system does not utilize either easement. As part of the formal procedure to vacate the drainage easement, Collier County requires that certain utilities and users of the easements acknowledge this "Letter of No Objection'. Please indicate your consent to the vacation of the easements by means of signature below and return the same to us. We have enclosed a postage-paid envelope for your convenience. Please do not hesitate to contact me at 337-8457 if you should have any questions. We thank you in advance for your prompt attention to this matter. With kindest regards, Very truly yours, Randall J. Cohen RJC/ma ,-,.. Enclosures -.~.. The ur~ersigned'~e~gre,,e to have no obiection to the proposed vacation.. my: '-~ ~,~:::="~ ,- Print Nam~p: 62~-E',~-;~ '~' b. C2,,~, ~.'~, ~,~t,u'r-, p,4c t:'~.4 ~'*-'~- Date: I FEB 2 COLLIER COUNTY TRANSPORTATION DIVISION 2685 Horseshoe Drive South, Suite 212 · Naples, Florida 34104 · 239-732-2501 · FAX 239-659-5790 ENGINEERING & CONSTRUCTION MANAGEMENT DEPARTMENT · Right-of-Way Acquisition * Stormwater Management * Design & Engineering* Construction Management December 4,2002 Mr. Randall J. Cohen Henderson, Franklin, Starnes & Holt, P.A. Attorneys At Law 1715 Monroe Street Fort Myers, H 33902 Subject: Imperial Golf Estates Vacation of Drainage Easements Dear Mr. Cohen: The Collier County Stormwater Management Section is in receipt of your letter of November 26, 2002 which addresses my comments sent to you on letter dated October 25, 2002. After reviewing the submitted information and ag-teeing that the Water Retention Easement and the Drainage Easement that were recorded on O.R. Book 808 Pages 1899-1902 are not being utilized for the original purpose of draining the East Va and the East !/= of the West 1/2 of Section 14, Township 48 South, Range 25 East, Collier County, Florida, the Stormwater Management Section does not object on the vacation of these two Easements. If you have any questions regarding this matter, do not hesitate to contact me. {II:ily-~. Adarmes Minor, P.E. Senior Engineer JCAM/jcam CC: Robert C. Wiley P.E., Principal Project Manager, Stormwater Management Section · Richard Grigg, P.L.S., Land Surveyor, Engineering Services Department Reading File C_.,o~;~f'~or~,.~, County FAEasement Vacations~Randall J. Cohen 2.doc AGENDA ITEM . FEB 2 q 200 IMPERIAL GOLF CLUB INC. SITE PLAN OF WATER RETENTION AND DRAINAGE EASlEMEN~ TO BE VACATP_D PART OF SECTION 15, T4gS, R25E COLLIER COUNTY, FLOKIDA. A~A ITEM ,.~ FEB 2 ~ 200~ EXECUTIVE SUMMARY PETITION CARNY{'2004-AR-5367, BENNY STARLING, EXECUTIVE DIRECTOR OF IMMOKALEE CHAMBER OF COMMERCE, REQUESTING PERMIT TO CONDUCT A CARNIVAL FROM FEBRUARY 26 THROUGH MARCH 7, 2004, ON PROPERTY LOCATED AT 110 NORTH 1~t STREET IN IMMOKALEE. OBJECTIV .E.: Benny Starling, Executive Director of Immokalce Chamber of Commerce, requesting that the Board of County Commissioners approve a permit to conduct a carnival from February 26 through March 7, 2004, on property located at 110 North I st Street in Immokalee. CONSIDERATIONS: Benny Starling, Executive Director of Immokalcc Chamber of Commerce, has made application to the Board of County Commissioners for a permit to conduct their annual carnival and has presented sufficient evidence that all the criteria has been met for the issuance of a carnival permit. FISCAL IMPACT: The $275.00 permit application fee does cover the cost of processing and required inspections. liability for this event. GROVqTH MANAGEMENT IMPACT,: There is no Growth Management Impact. The County holds no RECOMMENDATION: That thc Board of County Commissioners approve the pern~it to conduct thc annual Immokalcc Chamber of Commerce carnival. pREPARED BY: /§USAN MURRAY, AICP, DIRECTOJ1 j DATE DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW DEPARTMENT OF ZONING AND LAND~DEVELOPMENT REVIEW v/ DATE APPROVED BY: ~ ' DATE JpSI~PH K. SCHMITT ~,D~'IINISTRATOR C"O'MMt ITY DEVELO.MENT AND ENVaaONSIENTAL SVCS. CARNY-04-AR-5367 Immokalec Chamber of Commerce Carnival Ex Summ AOENDA HEld FEB Z 200t / Permit No. STATE OF FLORIDA: COUNTY OF COLLIER: PERMIT FOR CARNIVAL EXHIBITION WHEREAS, Benny Starling, Executive Director ot Immokalee Chamber of Commerce, has made application to the Board of County Commissioners of Collier County, Florida, for a permit to conduct a carnival and WHEREAS, Immokalee Chamber of Commerce, has presented to the Board sufficient evidence that all criteria for the issuance of a permit to conduct a carnival as set forth in Chapter 10, Article II, Amusements and Entertainments, of the Collier County Code have been satisfied and that such carnival will be conducted according to lawful requirements and conditions; and NOW, THEREFORE, THIS PERMIT IS HEREBY GRANTED TO IMMOKALEE CHAMBER OF COMMERCE, to conduct a camival from February 26 through March 7, 2004, in accordance with the terms and conditions set forth in the petitioner's application and all related documents, attached hereto and incorporated herein for the tollowing described property: (See attached Exhibit "A") WITNESS my hand as Chairman of said Board and Seal of said County, attested by the Clerk of Courts in and for said County this ~ day of 2004. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS: COLLIER COUNTY, FLORIDA: Approved as to Form and Legal S~~, ] ~ Patrick G] V~-h'it'~ek'4 ou,."j~..J Assistant County Attorney Camy-04-AR-5367 Permit DONNA FIALA, CHAIRaMAN A(~E. hi)A ~ FEB 2 CARNIVAL OPERATION PETITION PETITION NO. PETITIONER'S NAME: I'ETITIONER'S ADDRESS: PETITIONER'S E-MAIL ADDRESS: PROPERTY OWNER'S NAME: PROPERTY OWNER'S ADDRESS: OWI~RS'S E-MAlL ADDRESS: LEGAL DESCRITPION OF SUBJECT PROPERTY: CARNY-04-AR-5367 IMMOKALEE CHAMBER OF COMMERCe_ CARNY-04-AR-5367 DATE: ~/q/n4 R~nny ~r]~ng. TELEPHONE: 557:3237 Immokal~ Ch~mh~ ~f o~mmerce_72O North 15th Immokalee,Fla 3414~AX# TELEPHONE: FA.X~ See Addrcscing Ck~ck~ist St GENERAL LOCATION: CURRENTZONING: 110 N~r#h l~f ~r~ _ Tmmoka!ee NATURE OF PE~ON: -Ca rD i~.,~l , 'I'H~: FOLLOWING INFORMATION IS INCLUDED IN 'l'H!S PETITION. (FOR EXP£AN.,4 TION, SEE NF, XT P,4 GE.) 3.a. 3.e.l) 3.e.4) 3.e.7) 3.b. 3.e.2)_ 3.e.5) 3.e.8). 3.c. 3.e.3)_ 3.e. 6). 3.e.9)~,, 3.d. Comments: SIGNATURE OF PETITIONER DATE REVIE~rED by Board of County Commissioners: Approved: [] Disapproved: [] Conditions of Approval: 2/2~/0~ SIGNATURE OF COUNTY ADMINISTRATOR Exhibit "A" AGENDA ITEM FEB 2 ~ 200z~ CARNIVAL OPERATION PETITION TO BCC (EXCERPT FROM: Ordiance No. 75-11, Filed Secretary of State 3/6/75) 3a. Letter enclosed Letter enclosed Check made to BCC for $ 275.00 Permit enclosed ($125.00 Tolve Presentations, Inc.) 3e (1) Tolve Presentations, Inc/Owner of Carnival 269 Orient Way Lyndhurtst, N.J. 07071 305-975-8249 Stephen Tolve Immokalee Chamber of Commerce / Sponsor of Carnival 720 North 15th Street Immokalee, Florida 34142 239-657-3237 Benny Starling / Executive Director of ICOC Fred Gadston dba / Fred's Drive-Thru / Land O~vner for Carnival 110 North 1st Street (Corner of Main Street-Hwy 29) and North 1st Street Immokalee, Florida 34142 Fred Gadston 239-657-2381 (2) (3) Carnival Event Stephen Tolve- 135-60-2350 Fred Gadston - 445-40-4718 Benny Starling- 261-70-1300 CARNY-04-AR-5367 AGENO~ ITE~ ~' FE~ 2 ~ 200~ pg,._ 7,~ IMMOKALEE CHAMBER OF COMMERCE (4) (5) (6) Tolve Presentations said lighting is not a problem with the lights they provide xvith the Carnival. Public water will be furnished by Owner of the land, Fred Gadston / Fred's Drive-Thru. Parking will be provided by land NOrth of designated site. Sanitary facilities will be provided from T & M Port-o-let Service, Labelle, Florida. The units xvill include 1-Handicap, 5 Men and 5 Women. (Sheet is included in this report) Application is not required from ICOC. Tony Posa (1- 800-226-7356) from H & R in Ft. Myers said the Chamber does not have to have a Temporary Food Service Permit. If inspected he said that each vendor at the fair will have to buy a permit ($105.00) or Tolve Presentations, Inc. will purchase one for all the operations at the Carnival. Ed Gilman from Florida Department of Health (239-403- 2499) said the ICOC did not have to have a permit, only Tolve Presentations if they were holding sewage. Im- mokalee Disposal will be taking care of the garbage pick up service for the ICOC. Enclosed you will find a copy of what has been ordered. (7) (8) Lt. Mike Dolan of the Immokalee Sub-Station will provide traffic thru the local department. Sgt. Robert Asbel, Jr. ~vill be the rep. from the ICOC to the Sheriffs Department in Immokalee. Ag-Watch Security will provide the security for each evening of the carnival. Don Crabtrcc - 239-657-3404. Letter enclosed from fire marshal Leo Rodgers. The Tolve Presentation, Inc. Carnival will operate as follows: Feb. 26 .... 6 to midnight FEB 2 ~ 200q I p~. t Feb. 27 .... 6tola.m. Feb. 28 .... noon to 1 a.m. Feb. 29 .... noon to 1 a.m. Mar. 1 .... 6 to midnight Mar. 2 .... 6 to midnight Mar. 3 .... 6 to midnight Mar. 4 .... 6to midnight Mar. 5 .... 6 to 1 a.m. Mar. 6 .... noon to 1 a.m. Mar. 7 .... noon to 1 a.m. (9) Letter included from property owner, Fred Gadston / Fred's Drive Thru to use his property for ICOC Carnival - 2004 Harvest Festival Fiesta. (10) Legal Description of land used for the event: Block B-Lots 5-6-7-8-9-10-11-12-13-14-15-16-17-18-19 Less South 20' of Lot 9 thru 16 - Immokalee Sub Division Folio # 5119012001 Block B- Lots 17 & 18 Less Roadway Folio # 51190160003 Block B- Lots 19-20-21-22-23-24 Less South 20' Roadway Folio # 51190200002 CARN Y-04-AR-5367 IMMOKALEE CHAMBER OF COMMERCE ~UOl/OO~ ,4DDR£SS!NG CHECKLIST Please complete re following an..d submit to the Addressing Section for Review. Not all items will apply to eve~ project. Items in bold ~'pe are required. 1. Legal description of subject property or properties (copy of le.ngthy descripti? re.a), be att.ached) LI~_} ~olio (Prop"~ ID) number(s) of above (attach to, or associate with, legal description Cm~'e than one) gtreet ~ddress o~ ad~esses (as qpplicable. ~already assi~e~ ~,~_~ ~.,2~--~ ~. Loea~en map, showing exact location ofprojec~site in retaxion m ne~t public road fight-of-way (attach) 5. Copy of survey (NEEDED ON-LY FOR UNPLATTED PROPERTIES) 6. Proposed project name 7. Proposed Street, nmmes (ifappticabl, e) //r. 8. Site Development Plan Number (FOR EXISTiNG PROJECTS/SITES ONLY) SDP - 9. Petite-on T~tpe - (Complete a sep~ate Adckessing Checklist for each Petition Type) 10. [] SDP (Site Development Plan) [] SDPA (SDP Amendment) [] SDPI (SDP Insubstantial Change) [] SIP, (Site Improvement Plan) [] SI:PA (SIP Amendment) [] SNR (Street Name Change) [~] Vegetation/Exotic (Veg. Remov~ Permits) [] Land Use Petition (Variance, Conditional Use, Boat Dock Ext., Rezone, PUD rezone, etc.) [~ PPL (Plans & Plat Review) [] PSP (Preliminary Subdivision Plat) [] FP (Final Plat) [] LLA (Lot Line Adjustment) [] BL (Blasting Permit) [] ROW (Right-of-Way Permit) [] EX1) (ExcavafionPermit) [] VRSFP (Veg. Removal & Site Fill Permit) [-] Other-Describe: Project or development names preposed for: or already appearing in, condominium documents (if applicable; indicate whether proposed or existing) 11. Please Chec~k, One: [] Ch~.~r_.~..i~_~o be Faxed Back [] Personally Picked Up 12. Applicant Name_ 13. Sagnature on Adck~s~i'~'~ C}~ic~st d~es not constitute prOject and/or Street Name approval and is subject to further review by the Addressing Section. FOR STAFF USE ONLY Primary Number j-i2j~.. ~ c~ .. Address Number Address Number ~ Address Number ~ Revised 3-21-01 Approved by /J Date p.2 Collier County Sheriff's Office 3301 Tamiami Trail East Building ~'J" Naples, FL 34112 Telephone (AC 941) 774-4434 February 6, 2004 Immokalee Chamber of Commerce 720 N. 15'~ Street Immokalee, FL 34142 Dear Mr. Starling, This letter is to confirm that I have been advised of the upcoming 2004 Harvest Festival Block Party Fiesta that will be held on Saturday, March 6, 2004 starting at 8am and closing on Sunday, March 7, 2004 at midnight. You will need to arrange for special contract deputies or outside security for full time dedication for this event. For further information on contract deputies, you may contact our Special Services Bureau at 774-4434. As time permits, deputies will also be visible at the fair, however, it would be advisable to inform vendors that security measures for their property is their responsibility. Please be advised that fair personnel need to adhere to county and state compliance on all local Collier County Ordinances and Florida State Statues. ~7.o'llier County Sheriff's Office Immokalee Substation Commander 239-657-6168 MD/jk AGEI~A I TE.h/.. FEB Z LA FAVORITA BAKERY, INC. 121 NORTH 1st STREET IMMOKALEE, FLORIDA 34142 239-657-2992 PABLO GRIMALDO February 4, 2004 Immokalee Chamber of Commerce 720 North 15th Street Immokalee, Florida 34142 Dear Mr. Starling, On behalf of myself and my family we would like to inform the Immokalee Chamber of Commerce that you may use our property for parking during the Fair and Harvest Festival 2004 event. Our property is located just north of Fred's Drive-Thru where you are having the Country Fair from February 26m thru March 7'~. The North end of our property is at Oak Street and runs down North 1st Street to Fred's Drive Thru. I understand that the Immokalee Chamber of Commerce has insurance that will cover anything that happens during the Harvest Festival on our property. We wish you all thc very best on your 39~h Harvest Festival "Fiesta 2004". Sincerely, Pablo Grimaldo AO~4DA ITE~ / c, ,(t '" FEB 2~ 2~,~,~ . Pg- ~__ ~ Official Receipt - Collier County Board CDPR1103 - Official Receipt of County Commissioners fTrans Number ! Date I Post Date 1 Payment Slip Nbr 459530 12/6/2004 4:43:06 PM 12/9/2004 I AR 5367 Appl Name: IMMOKALEE CHAMBER OF COMMERCE Appl Stage/Status: REVIEW STAGE NO. l/PENDING Address: 720 N, 15TH ST. IMMOKALEE FL 34142 Proj Name: IMMOKALEE CHAMBER OF COMMERCE COUNTRY FAIR Type: TAZ: 252/25 Subdiv Nbr: 919 Project Nbr: 2003020008 Payor · IMMOK. CHAMB. OF COMMERCE Fee Information Am°unt t Waived Fee Code I Description I GL Account 11CIRC t FAIR & CIRCUS PERMITS i 13113832634122000000 $275.00 Total $275.00 Payments Payment Code i Account/Check Number Amount 1 CHECK !4480 $275.00 Total Cash $0.00 I Total Non-Cash $275.00t Total Paid I $275.001 Memo: Cashier/location: MCCAULEYKATY / 1 User: WlLLOUGHBY_C Collier County Board of County Commissioners CD-Plus for Windows 95/NT Printed :2/6/2( AOENDA ITEM FEB 2 ~ 2004 FRED'S DRIVE-THRU 110 NORTH 15TH STREET IMMOKALEE, FLORIDA 34142 239-657-2381 February 3, 2004 Immokalee Chamber of Commerce 720 N. 15th Street Immokalee, Florida 34142 Dear Benny, This is a letter to inform the Immokalee Chamber of Commerce of the charge for the property from February 26 thru March 7th at a rate total of $1,500.00. Also to be included with this contract is a $200.00 water charge for 2003 and 2004. The property that is being used from me is Block B Lots 5 thru 16 of Immokalee Sub Division. Also Block B - Lots 17 thru 24 of Immokalee Sub Division. The address of the said property is 110 N. 1st Street and Corner of Main Street. Tolve Presentations, Inc. will provide a carnival for a 11 day period and the Immokalee Chamber of Commerce will be the sponsor for the event. Insurance will be provided by Tolve Presentations and the Immokalee Chamber of Commerce. If you have any questions please feel free to give me a call. Sincerely, Fred Gadston/Fred's Drive-Thru AG~'I',~)A ITE~,4 FEB 2 ~.. // Immokalee Disposal Company, Inc. 120 Jefferson Avenue Immokalee, Florida 34142 (239) 657-2729 (239) 657-7478 Fax February 2, 2004 Immokalee Chamber of Commerce 720 North 15th Street Immokalee, Florida 34142 To Whom It Ma3' Concern: This letter is to verify that garbage pick up service will be provided for the following event: Immokalee Chamber of Commerce Fair February 25th thru March 7th, 2004 Location: Comer of Main Street & 1st Street Immokalee, Florida Container type & frequency: 20 Yard roll-off containers 8,: Paper bins and liners for 1st thru 6th Street - Pick up upon request If you have any questions, please contract me at the number shown above. Sincerely, '-Linda Collins AGENOA I'W'r_~.. ~ /3//,2 FEB Z ' ALLIED CIL-O0 February 2, 2004 IMMOK3~LEE CFL~KBER OF CC~ERCE 239-657-5450 RE: Certificatez of insurance Dear SPOOleR INS. 239-657-3082 Enclosed ~= an original ~ ~' .... ' ' - ~n~/uz = duplicate Certificate of Insurance. Thank you for tho ~ ,, 4~ . you If you have any ._ ~rt~n~_y to se~¢e . .... -~,~ please feel free to contact me anytime. David Gailace Account Executive Enclosure ALLIED SPECIALTY INSU1L&NCE, INC. 10451 Gulf Boulevard, Treasure Island, Florida 33706 · 727 36?-6900 · I 800 237-3355 · FAX 717 367-!~0] FEB 2 q 200q CERTIFICATE OF LIABILITY INS,URANCE j m~ucE, Al!ied Speci~'~Cy Insurance, Inc j THI~CER~F~I$1SS~ASAMAT~ROFINFO~N ~0451 Gulf Blvd. ~LYANDCONFER~ NO~G~S UPON THE CER~F~A~ HOL~ THIS CERTIFICATE ~ NOT ~EMD. EX. ND OR Treasure Island, FL 33706 ~T~THECOV~RA~FAFFO~EDBY~EP~I~BELOW. 800/237-3355 ~ : INSURER; AFFORDING C~GE ~ ~lO ~ Tolve Presentations, Inc. ~=,^:T.H.E. insurance Company ~ DBA: Third Oeneration 86 28 'Constitution Drive Homestead FL 33034 ~: J ~ E: , , THE ~IES OF INSU~ LIS~ ~ ~ BEEN t~D ~ ~E IN~R~ ~ ~0~ FOR ~ F~ PEffi~ tNDI~TED NO~SIAN~NG ~LICIES. ~O~ U~TS 8HO~ ~Y ~ B~N ~D~ BY 8CHE DgLED ALr'tOS 03 ~,ooo,ooo 04/!7/ 04/17/04 M3MFS120 $ 50,000 ',000,000 !0,000,000 1,000,00~ EVENT DATES: 2/21/04 through 3/12/04 (INCLUDES SET-UP AND TEAR ADDITIONAL I~SURED: IHMOFJ%LEE CHAMBER OF COMMERCE EVENT: FIESTA 2004 EVENT LOCATION: CORNER OF !ST AND MAIN IMMOKALEE, DOWN) FL CFRTII~CATE HOB~;R I I;40KAiEE CHAF~BER OF COF~4ERCE Parcel Fage t o~ ~ Collier County Tax Collector 3301 Tamiami Trail East, Naples, FL 34112-4997 COLLIER COUNTY OCCUPATIONAL LICENSE BUSINESS INFORMATION License #:ll0020SS Name:IITOLVE PRESENTATIONS, INC DBA:II Location:Il269 ORIENT WAY Z°ned:ll Mail 1:11289 ORIENT WAY Ua"2:ll City, State Zip:IILYNDHURST, NJ 07071-0000 Phone:If201-933-3388 Code:1[o18oooo1'11®IIC~Rc°s State Lic: Class: CARNIVAL, SIDE ' ~SHOW TRAVELING City Lic: Preq: APPR,CARN-7 DAYS Back to Search OWNER INFORMATION Name I:IITOLVE, JOHN M Name 2:11 Address I:IISAME Address 2ilI City, State Zip:I[COUNTY FAIRGROUND Phone:II ** LICENSE IS PAID ** ** LICENSE IS OPEN ** FEB Z z:, 200~. http ://www~c~iertax~c~rn/~ccupati~na~License/Rec~rdDetai~asp?LicenseNumber=~2~85 2/4/2004 I MMOIC~LEE FIRE CONTROL DISTRICT .~02 £. NEW M,'~[~,,']' ROAD. lh'[ MOKA1Jr[. irLORIDA ~4142 February 3, 2004 Benny Starlh~g Chamber of Commerce 720 N. 15th St. lmmokalee, Fl. 34142 Reference: Chamber of Commerce Harvest Feslival Fair. ll0N. 1~ St. February 25"~ through March 7~, 2004 Dear Mr. Starling, I have revie~ed the above referer~ed evenl location. The property is within tFe Immokalee Fire Control District's boundaries. Fire protection ami inspection services will be provided in this area to the best of our ability. If you have rely questions, feel fi.ce to call me at (239) 657-2700 l.eo F. Rodger~ Fire Marshal GI3N F' IL/~.L OFFICE f941)657-2111 1941) 657-2700 (94 I) 657-94R9 T & M ?.:,rtable R,:strooms, inc. PO Bo',: L',~elle. FL 33975 (,~63) 675-1647 I~!LL TO Immokal~ Chambe' of Commerce 720 Nortr., 151h Slree": Immok=~:.., FL 34142 From => To Duration Unit/Service Type i Invoice_ Number: 11563 Date. 02-Feb-2004 PO. Number: JO~ E!TE Harvest Festival 720 North 15th Street Immokale¢, FL 34142, Quan,.,y Pdce/Per Extension ADA Tax Rate 6 Collier Subtotal NonTaxecl: Subtotal Taxable Rental: Rental Tax S200 OC ($~oo.oo) $! ,2oo.o3 $7200 Please Pay: $1,172.00 Payment Terms: Net 10 days Your bus:na.,~ is apprec!al~,:lt FEB Z,~ 200~ I . [ N. 2nd $1REET NtN~t $1REET F.-Ac:T AIRWAYS AVENUE · \ \ N AIRPOR¥ MAIN. FEE~ 2 ~ ~00~ ..: /? AGENOA ~TF_~~'''~ FEB Z ~ 200~ 7904N _J I I N. 2nd SIREEI' IF,"IRS T--STR E ~T HIt,ITll S1REET fAST J£FFZ. RSOH AVF..NU K ," J_ILII~ EXECUTIVE SUMMARY REQUEST TO APPROVE FOR RECORDING THE FINAL PLAT OF "WHITE LAKE CORPORATE PARK PHASE FOUR", AND APPROVAL OF THE STANDARD FORM CONSTRUCTION AND MAINTENANCE AGREEMENT AND APPROVAL OF THE AMOUNT OF THE PERFORMANCE SECURITY OBJECTIVE: To approve for recording the final plat of "White Lake Corporate Park Phase Four", a subdivision of lands located in Section 35 Township 49 South, Range 26 East, Collier County, Florida, following the alternative procedure for approval of subdivision plats. CONSIDERATIONS: Engineering Review Section has completed the review of the construction drawings, specifications, and final plat of "White Lake Corporate Park Phase Four". These documents are in compliance with the County Land Development Code and Florida State Statute No. 177. All fees have been paid. Security in the amount of 10% of the total cost of the required improvements, and 100% of the cost of any remaining improvements, together with a Construction and Maintenance Agreement for Subdivision Improvements, shall be provided and accepted by the Director of Zoning and Land Development Review and the County Attorney's office prior to the recording of the final plat. This would be in conformance with the County Land Development Code - Division 3.2.9. Engineering Review Section recommends that the final plat of "White Lake Corporate Park Phase Four" be approved for recording. This project is a five lot commercial subdivision being developed by William T. Higgs. FISCAL IMPACT: The project cost is $133,801.62 (estimated) to be borne by the developer. The cost breakdown is as follows: a) Water & Sewer b) Drainage, Paving, Grading - $41,554.00 - $92,247.62 The Security amount, equal to 110% of the project cost, is $147,181.78 Executive Summary White Lake Corporate Park Phase Four Page 2 The County will realize revenues as follows: Fund: Community Development Fund 113 Agency: County Manager Cost Center: 138900 - Development Services Revenue generated by this project: Total: $2987.75 Fees are based on a construction estimate $133,801.62 and were paid in April, 2003. of The breakdown is as follows: a) Plat Review Fee ($500.00 + $5./ac) -$ 570.00 b) c) Paving, Grading (1.3% const, est.) Construction Drawing Review Fee Water & Sewer (.5% const, est.) - $ 207.77 Drainage, Paving, Grading (.42% const, est.)- $ 387.44 Construction Inspection Fee Water & Sewer (1.5% const, est.) - $ 623.31 Drainage, - $1,199.23 GROWTH MANAGEMENT IMPACT: The Concurrency Waiver and Release relating to conditional approval has been reviewed and approved by the County Attorney's Office for the project. ENVIRONMENTAL ISSUES: There are no outstanding environmental issues HISTORICAL/ARCHAEOLOGICAL IMPACT: There are no historical or archaeological impacts EAC RECOMMENDATION: Approval CCPC RECOMMENDATION: Approval PLANNING SERVICES STAFF RECOMMENDATION: That the Board of County Commissioners approve the Final Plat of "White Lake Corporate Park Phase Four" for recording with the following stipulations: 1. Approve the amount of $147,181.78 as performance security for the required improvements; or such lesser amount based on work completed, and as is approved by the Engineering Review Department. FEB 2 200 Executive Summary White Lake Corporate Park Phase Four Page 3 o Approve the standard Agreement, and form Construction and Maintenance a. That no Certificates of Occupancy be granted until the required improvements have received preliminary acceptance. b. That the plat not be recorded until suitable security and an appropriate Construction and Maintenance Agreement is approved and accepted by the Planning Services Director and the County Attorney's office. PREPARED BY: John R. Houldsworth, Senior Engineer Engineering Review REVIEWED BY: Thomas E. Kuck, P.E. Engineering Review Director, County Engineer Date Date APPROVED BY: Joseph K. Schmi'tt, Administrator Co~nity Development & Environmental Services Date -I EXECUTIVE SUMMARY REQUEST TO APPROVE FOR RECORDING THE FINAL PLAT OF "TERRABELLA OF PELICAN MARSH UNIT TWO", AND APPROVAL OF THE STANDARD FORM CONSTRUCTION AND MAINTENANCE AGREEMENT AND APPROVAL. OF THE AMOIINT OF THE PERFORMANCE SECURITY OBJECTIVE: To approve for recording the final plat of "Terrabella of Pelican Marsh Unit Two", a subdivision of lands located in Section 35, Township 48 South, Range 25 East, Collier County, Florida, following the alternative procedure for approval of subdivision plats. This project was previously approved as Terranova at Pelican Marsh Unit Two on January 25, 2000. CONSIDERATION: Engineering Review Section has completed the review of the construction drawings, specifications, and final plat of "Terrabella of Pelican Marsh Unit Two" These documents are in compliance with the County Land ,--Development Code and Florida State Statute No. 177. All fees have been paid. Security in the amount of 10% of the total cost of the required improvements, and 100% of the cost of any remaining improvements, together with a Construction and Maintenance Agreement for Subdivision Improvements, shall be provided and accepted by the Director of Zoning and Land Development Review and the County Attorney's office prior to the recording of the final plat. This would be in conformance with the County Land Development Code - Division 3.2.9. Engineering Review Section recommends that the final plat of "Terrabella of Pelican Marsh Unit Two" be approved for recording. FISCAL IMPACT: The fiscal impact to the County is as follows. The project cost is $110,448.00 (estimated) to be borne by the developer. The cost breakdown is as follows: a) Water & Sewer b) Drainage, Paving, Grading - $ 38,298.00 - $ 72,150.00 The Security amount, equal to 110% of the project cost, is $121,492.80 FEB 2 200 Executive Summary Terrabella of Pelican Marsh Unit Two Page 2 The County will realize revenues as follows: Fund: Community Development Fund 113 Agency: County Manager Cost Center: 138900 - Development Services Revenue generated by this project: Total: $2454.94 Fees are based on a construction estimate of $110,448.00 and were paid in October, 1999. The breakdown is as follows: a) Plat Review Fee ($425.00 + $4./ac)- $ 448.00 b) c) d) Construction Drawing Review Fee Water & Sewer (.50% const, est.) - $ 191.49 Drainage, Paving, Grading (.425% const, est.)-$ 303.03 Construction Inspection Fee Water & Sewer (1.5% const, est.) - $ 574.47 Drainage, Paving, Grading (1.275% const, est.-$ 937.95 GROWTH MANAGEMENT IMPACT: The Concurrency Waiver and Release relating to conditional approval has been reviewed and approved by the County Attorney's Office for the project. RECOMMENDATION: That the Board of County Commissioners approve the Final Plat of "Terrabella of Pelican Marsh Unit Two" for recording with the following stipulations: 1. Approve the amount of $121,492.80 as performance security for the required improvements. 2. Approve the standard form Construction and Maintenance Agreement, and a. That no Certificates of Occupancy be granted until the required improvements have received preliminary acceptance. b. That the plat not be recorded until suitable security and an appropriate Construction and Maintenance Agreement is approved and accepted by the Planning Services Director and the County Attorney's office. AC~NDAITEM FEB Z % 200% Pg Executive Summary Ter'rabetla of Pelican Marsh Unit Two Page 3 PREPARED BY: John R. Houldsworth, Senior Engineer Engineering Review REVIEWED BY: Thomas E. Kuck, P.E. Engineering Review Director Date Date APPROVED BY: /' Joseph K. ~Schmitt'~ Administrator ~Con~nunity Development & Environmental Services Community Dev. and Environmental Svcso DIVISION j rh D~te FEB 2 ~ .... - EXECUTIVE SUMMARY PETITION CARNY-2004-AR-5343, PEG RUBY, SPECIAL EVENTS COORDINATOR, COLLIER COUNTY PARKS AND RECREATION, REQUESTING A PERMIT TO CONDUCT THE ANNUAL COUNTRY JAMBOREE CARNIVAL ON MARCH 12, 13 AND 14, 2004, IN THE VINEYARDS COMMUNITY PARK AT 6231 ARBOR BOULEVARD. OBJECTIVE: Peg Ruby, Special Events Coordinator, Collier County Parks and Recreation, is requesting that the Board of County Commissioners approve a permit to conduct the annual Country Jamboree carnival on March 12, 13 and 14, 2004, on County owned property located in the Vineyards Community Park at 6231 Arbor Boulevard. The applicant is also requesting waivers of the occupational license and the surety bond. CONSIDERATIONS: Peg Ruby has presented evidence that all the criteria have been met for the issuance of this carnival permit. Staff supports the xvaiver of the Surety Bond as there have been no previous problems related to clean up of the site after the carnival. The required insurance amount of Sl,000,000.00 has been purchased and the County named as additional insured. FISCAL IMPACT: None. GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact. RECOMMENDATION: That the Board of County Commissioners approve the permit to conduct the annual Country Jamboree carnival and waive the occupational license and surety bond. PREPARED BY ,/SUSAN MURRAY, AICP, DIRECTOR DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIE'~V RE~qEWED BY: ,~USAN MUR~ECTOR DEPARTMENT OF ZONING AND LAND DEVELOPMENT RE',,qEW JOSEPH K. SCHMITT, ADSIINISTRATOR /~/OSIMUNITY DEV. AND ENVIRONMENTAL SVCS. 1 DATE DATE AG~NOA ITEM FEB 2 200 COLLIER CO PRK P.01/01 COLLIER COUNIY DIVISION OF PUBLIC SERVICES Parks and Recre~on D~ent 3300 Santa Baxba~a Boulevard · Naples, Horlda 54116 · (239) 353-0404 · FAX (239) 353-1002 Website: c~lliergov, net Janaary 21, 2004 Cecelia Martin Planning Tech II Community Development 2800 North Horseshoe Drive Naples, FL 34103 Dear Ms. Martin: Collier County Parks and Recreation Department will be holding the 6th ann~m~ County Jam at Vineyards Community Park, 6231 Arbor Blvd. Naples, Florida on March 12 - 14, 2004. Friday hours of operation will be from 6:00 - 10:00 pm, Saturday will be 2:00 - 10:00 pm and Sunday will be from 2:00 - 8:00 pm ToNe Presentations Inc. exceeds ~e one million dollar insurance policy and ha~ named The Board of Collier County Commissioners as additional insured. We are requesting waivers of the Surety Bond and Occupational License for this event. If you have any questions please contact me at (239) 353-040~. Please charge the 5;275.00 fee to 111-156341-649990 Sincerely, Peg~Ruby,~ml Events Coordinator Collier County Parks and Recreation .o. /c- AS FEB 2 q 2004 Permit No. PERMIT FOR CARNIVAL EXHIBITION STATE OF FLORIDA: COUNTY OF COLLIER: WHEREAS, Peg Ruby, on behalf of Collier County Parks and Recreation Department (County Parks and Recreation), has made application to the Board of County Commissioners of Collier County, Florida, for a permit to conduct a camivat; and WHEREAS, County Parks and Recreation, has presented to the Board sufficient evidence that all criteria tor the issuance of a permit to conduct a carnival as set forth in Chapter 10, Article II, Amusements and Entertainments, o! the Collier County Code have been satisfied and that such carnival exhibition will be conducted according to lawful requirements and conditions; and WHEREAS, said County Parks and Recreation, has requested a waiver of the Surety Bond and Occupational License requirements. NOW, THEREFORE, THIS PERMIT 1S HEREBY GRANTED TO County Parks and Recreation, to conduct a carnival t~om March 12, 200~ through March 14, 2004, in accordance with the terms and conditions set iorth in the petitioner's application and all related documents, attached hereto and incorporated herein [or the gollowing described property: (See attached Exhibit "A") The request [or waiver ot the Surety Bond and Occupational License requirements is hereby approved. WITNESS my hand as Chairman of said Board and Seal of said County, attested by thc Clerk of Courts in and tot said County this day of 2004. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA: DEPUTY CLERK BY: DONNA FIALA, CHAIRMAN Approved as to Form and (~ Sufficiency: ~atrick G. Whne Assistant County Attorney CARNY.200~-^R-5343/SM/lo Page 1 of 1 FEB 2 COI.IJER COUNTY DBrISION OF PUBLIC SERVICES Parks and Recreation Department 3300 Santa Barbara Boulevard · ,Naples, Florida 34116 · (239) 353-040.~ · EL\ (239) 353-1002 XX'ebsite: colliergoxmet January 8. 2004 Mr. Jerry Sanford North Naples Fire Control District 1780 Immokalee Road Naples. FL 34103 Dear Mr. Sanlbrd: Collier County Parks and Recreation Department will be holding the 6th annual County Jam at Vineyards Community Park, 6231 Arbor Blvd. Naples, Florida on March 12 - 14, 2004. Friday hours of operation will be from 6:00 - 10:00 pm, Saturday will be 2:00 - 10:00 pm and Sunday will be from 12:00 - 8:00 pm We are applying for a Carnival Permit through Collier County Development Services. The permit requires us to get a letter from the Fire Inspector of the district, stating you are aware of the event and will take necessary provision for Fire Safety. I am requesting a letter on your letterhead stating that you are aware of the event and that the department will take necessary provisions for Fire Safety. Please fax the letter to 353-1002 and send the original to 3300 Santa Barbara Blvd. Naples, FL 34116. If you have any questions please contact me at (239) 353-0404. Sincerely, peg, Ruby, Special E e Coordinator Collier County Parks and Recreation C NORTH NA;:'LE5 FIRF PAGE 81/21/2884 14:14 5973522 ¢~,.,.... FIRE pREVEnTION BUREAU 1885 Veterans Park O~ve * ~' Fto~da 34109 (.239) 597-9227 ' F~ ~9) 597-~5~ January 21, 2004 Ms. Peg Ruby, Special events Coordinator Collier County Division of public Services 3300 Santa Barbara Blvd. Naples, FL 34116 Re: 6~ Annual County Jam ~ Vineyards Community Park Dear Peg, I ~rn in receipt of the preliminary paper work and aware of the 6a~ Annual Country Jam Event which will be held on March 12th-14tn, 2004 ~ the Vineyards Community Park located ~ 6231 Arbor Blvd. Naples, FL. I understand that the Friday hours of operation will be from 6:00pm - 10:00pm, Saturday will be 2:00pm- 10:00pm and Sunday will be from 12:00Inn - $:00pm. The North Naples Fire Control & Rescue District will be on site to inspect all aspects of fire safety prior to the scheduled operation of the festival. If you have any questions, please do not hesitate to contact me ~ (941) 597-9227. Sincerely, Karl K. Reynolds, Fire Marshal North Naples Fire Control & Rescue District cc: Fax #353-1002 KKR/dw FEB 2 200 COH, R COUN DMSION OF PUBLIC SERVICES Park~ and Recreation Department 3300 Santa Barbara Boulevard · Naples, Florida 34116 · (239) 353-0i04 · F,~X (239) 353-1002 XVebsite: colliergov, net JaF~t_lary 7, 2004 Collier County Sheriff's Office C/O Karen Strickland 3301 Tamiami Trail Eas~. Blctg. J Naples. FL 34 112 Dear Karen Strickland: The Collier Cottnty Parks and Recreation Del)artment is holding ttqe 611~ Annual Cotuqtrv Jam a~ tl~e Vineyards Commtlnily Park on March 12 - 14. 2004. Friday- O:00 t);~ - 1 O:00 t)135: Salur(tay - 2:00 - 10:00 l)nT Sunday - 12 :O0 - 8:00 pm I am requesting 9 del)t~ties per (lay from thc Collier County Sheriff's Office. We will need the del)tUies from Fridas': 5:30 t)nq - 10:30 Saturday: 1:30 l)m - 10:30 l)m Sunday: 11:30 1)~qq - 8:30 l)nq The deputies will be placed in following locations I Front Entra~qce I Back Entrance 1 Insi(te Community Center 1 Making Xloney Runs I Behind Stage 2 At Main Stage 2 Inside Roving Please give me a call at 353-0404. Looking forward to working with you once agai!q. Sincerely. ___ Peg' Ruby,--Sl)eci~l Evenls Coordinator Collier County Parks and Recreation Deparu~enl AGENI3A ITF~d FEB 2 200q Collier County Sheriff's Office 3301 Tamiami Trail East, Bldg. J Naples, FL 34112-4902 Phone (239) 793-9178 Fax (239) 793-9168 Fax To: Peg Ruby, Special Events Coordinator, Parks and Rec Fax: Phone: From: Date: Re: 353 1002 Lt. Karen C. Strickland January 19, 2004 Your letter: Country Jam Number of pages including coversheet: I I am sending this since I have not been able to reach you by phone, I am sending this fax to acknowledge that we received your letter and will be scheduling 9 deputies for your Country Jam Event as outlined in your letter. AGENDA ITEM FEB 2 NOTE: Please read reverse side before completino_ this Petition. Cop)': Copy: Copy: Zoning Director Petitioner (4) County Administrator CARNIVAL OPERATION PETITION PETITION NO. PETITIONER'S NAME: PETITIONER'S ADDRESS: DATE: PETITIONER"S E-MAIL ADDRESS: !'-"/'l"~ LEGAL DESCRITPION OF SUBJECT PROPERTY: GENERAL LOCATION: CURRENT ZONING:__ NATURE OF PETITION: THE FOLLOWING INFORMATION IS INCLUDED IN THIS PETITION. (FOR EXPLA NA TIOS; SEE NEXT PA GE.) 3.a. 1'/ 3.e.1) ~" 3.e.4) ~ 3.e.7) t ' 3.b. 3.e.2) c' 3.e.5). "' 3.e.8) ~,' ~./ ~ .... 3.c. 3.e.3). 3.e.6) 3.e.9) 3.d. "'/ Comments: SIGNATURE OF PE~IT-tO~NER DATE REVIEWED by Board of County Commissioners: Approved: [] Disapproved: [] Conditions of Approval: SIGNATURE OF COUNTY ADMINISTRATOR FEB 2 q .... , Excerpt from Ordinance No. 75-11, Filed Secretary of State 3/6/75 3. Application and Fee for Permit. A minimun~ of twenty (20) days before occupying the carnival or exhibition site, an application for a permit shall be submitted to the County Administrator in four (4) copies accompanied by: a) A surety bond in the penal sum of $2,500, issued by a company authorized to issue such bonds in Florida, conditioned upon the operator complying with each provision of this Ordinance and subject to forfeiture under the terms provided in Paragraph 8 hereinbelow. b) Evidence of current public liability insurance coverage, issued by a company authorized to do business in the State of Florida, in the minimum amount of $100,000 for any one person and $300,000 for any one incident. c) A non-refundable fee of $275.00. d) A current occupational license issued by the Collier Couuty Tax Collector, and e) Including the following information: 1) The name and headquarters address(es) of the carlfival or exhibition company(ies) with a direct or indirect financial iuterest; name(s) and address(es) of any sponsoring organization(s), and the name and local address of the applicant representing the caruival or exhibition company(ies); 2) A description of every activity to be conducted such as but not limited to, menageries; circus and side-show performances; amusement, merry-go-round and other ride activities; food and drink dispensing facilities; booths for conduct of games of skill or chance not prohibited by State law to be open to the public for an admission or participation fee and number of persons to operate the activities; 3) Name, identification and social security number of each person accountable for the operation of each activity; 4) A description and sketch of the site showing the location of each activity proposed, the location and number of sanitary facilities; parking facilities, and provision for lighting and public water; 5) Application for Food Establishment Operating Permit from the County Health Department as required by Ordinance No. 74-45. 6) The plan for refuse, garbage, debris, and sewage disposal during and after operation of the circus or exhibition; 7) Provisions for traffic control, fire safety and security precautions; 8) The date and time each activity is to be conducted and concluded; 9) Written approval from the owner of the property authorizing the use of hi for such carnival activity; 10) Legal description of property to be utilized. CARNIVAL PETITION APPLICATION ~remises FEB 202q ; INDIVIDUAL BOOTH NOTIFICATION FORM FOR TEMPORARY EVENTS Person in Charge of Booth: ,<'yin:_ ~t," ~"" Types of Food or Beverage to be Served: 2'' ' ' Florida Administrative Code, Chapter 10D-13 requires all food to come from an approved source. All food storage, preparation and utensil cleaning for this event shall not be done in private homes. Location of advanced food preparation: c'~;¢' i-'!~ (~ i'~,C!~ t~l~!' '" '-]"'~¢'(-* ~ "l[~°' How will food be transported to event location? Method of keeping food hot and/or cold at event site: Method of cooking food at the location: (-(t~'~Fi'-~ I~3 I" "'~'- Food must be protected from dust, insects, flies, coughs, sneezes. How. will you provide this protection? Describe type of structure: Adequate facilities and supp, lies shall be provided for employee handwashing. How will you provide this? ~tq ? k; ~4Crlk'=~- ('0. iCl (- {.~l'~/[~r'~.) L'~('~- For Information and Assistance contact: Environmental Health & Engineering Department - (941) 403-2499 FEB 2 ~, ~., Failure to comply with applicable food service requirements in accordance with Chapter 10D-13, Florida Administrative Code, may result in enforcement action. Do you understand this completely? YES [~ NO [--] I certify that to the best of my knowledge and belief all of the statements contained herein and on any attachments are true, correct, complete, and made in good faith. I understand that these regulations include food intended for service to the public regardless of whether there is a charge for the food. I agree to assume responsibility for this establishment and I certify that said business will be conducted in compliance with the Florida Administrative Code, Chapter 10D-13. ' , / " : Signature of Applicant CARNIVAL PETITION APPLICATION/ INDIVIDUAL BOOTtl NOTIFICATION FORM FOR TEMPORARY EI'ENTS FEB 2 20Y} SPONSOR NOTIFICATION FORM FOR TEMPORARY EVENTS Name of Event: Address of Event: Date(s) of Event: , Person in Charge of Food Service: ' ~:+ Number of Food and Beverage Booths: Estimated number of attenders expected at thc event at one time? Number of toilets to be provided: Portable: Male 1'~ ) Female (,:~) Pcrnmnent: Male (,~) Female ( Method of toilet waste disposal: 1~$' Describe method of liquid kitchen waste disposal: Describe containers and method of solid waste disposal (garbage): Number of solid waste disposal containers provided: Describe facilities and method of handwashing: t_¢~ \.,kl. uU. Describe facilities and method of utensil washing, rinsing and sanitizing:. Source of potable water: C;~'~ ,c~ ~/., For Information and Assistance, contact: Environmental Health & Engineering Department - (941) 403-2499 FEB 2 20% As the sponsor of this event you are responsible to notify all food vendors of the temporary food service requirements. Failure to comply may subject the booths to be closed for public health reasons. Do you understand this completely? / YES [~/ NO FI I certify that to the best of my knowledge and belief all of the statements contained herein and on any attachments are true, correct, complete, and made in good faith. I understand that these regulations include food intended for service to the public regardless of whether there is a charge for the food. I agree to assume responsibility for this establishment and I certi~ that said business will be conducted in compliance with the Florida Administrative Code, Chapter 10D-13. Signature of Sponsor's Agent'~ ~' CAILNIVAL PETITION APPLICATION/ SPONSOR NOTIFICATION FORM FOR TEMPOIL4R Y E I'ENTS FENCING WILL CALL ~ 10 X 10 TENT I TABLE 2 CHAIRS i EXT. CORD MFRONT ENTRANCE PARKING LOT 2 20 X 20 TENT 5 TABLES $ CHAIRS . , I EXT. CORD i GENERATOR CARNIVAL CROWD PLEASER TOILETS CONCESSION 10X 10TENT ! TABLE 2 CHAIRS ! EXT. CORi ~ ! GENERAT Water Ve~r~ MERCH PARKING FEB 2 2006 COMMUNITY CENTER BASKETBALL COURT BACKSTAGE AREA 40 X 40 STAGE PLAYGROUND SEATING AREA SOCCER FIELD 1 ABLE 6 TABLES 14 CHAIRS SPONSORS Ve~ dor~ ~--~ N FO BOOTH t Mech. Bull A Ro~k Wall ~nd Box (20x20) I0 X 10 TEN~---I I TABLE 2 CHAIRS ~ SLIDE i E~ENSION CbUI ~K ~NY O~A~ ~CERFIELD2 ~ ~ ~DES 6 TA BL~q ~ CHAI~ 3 E~. ~ 3 GENE~TO~ BACK ENTRANCE ludde adubl PARKING SOFTBALL FIELDS SOCCER FIELD 3 20 X 20TENT STABLES I CHAIRS I EXTENSION COif, D EXECUTIVE SUMMARY REQUEST TO APPROVE FOR RECORDING THE FINAL PLAT OF "CAYO COSTA, UNIT ONE", AND APPROVAL OF THE STANDARD FORM CONSTRUCTION AND MAINTENANCE AGREEMENT AND APPROVAL OF THE AMOUNT OF THE PERFORMANCE SECURITY OBJECTIVE: To approve for recording the final plat of "Cayo Costa, Unit One", a subdivision of lands located in Section 6 Township 50 South, Range 26 East, Collier County, Florida, following the alternative procedure for approval of subdivision plats. CONSIDERATIONS: Engineering Review Section has completed the review of the construction drawings, specifications, and final plat of "Cayo Costa, Unit One". These documents are in compliance with the County Land Development Code and Florida State Statute No. 177. All fees have ~-~een paid. The Board has previously approved this project as Cayo Costa. The developer has decided to Phase the development and record two plats. The fees have been divided in half for each Phase. Security in the amount of 10% of the total cost of the required improvements, and 100% of the cost of any remaining improvements, together with a Construction and Maintenance Agreement for Subdivision Improvements, shall be provided and accepted by the Director of Zoning and Land Development Review and the County Attorney's office prior to the recording of the final plat. This would be in conformance with the County Land Development Code - Division 3.2.9. Engineering Review Section recommends that the final plat of "Cayo Costa, Unit One" be approved for recording. FISCAL IMPACT: The project cost is $111,544.00 (estimated) to be borne by the developer. The cost breakdown is as follows: a) Water & Sewer - $47,440.00 b) Drainage, Paving, Grading - $64,104.00 The Security amount, equal to 110% of the project cost, is $122,698.40 N,,. (,, FEB 2 200 Executive Summary Cayo Costa, Unit Two Page 2 The County will realize revenues as follows: Fund: Community Development Fund 113 Agency: County Manager Cost Center: 138900 - Development Services Revenue generated by this project: Total: $3,101.39 Fees are based on a construction estimate of $111,544.00 and were paid in November, 1999, and December, 2003. The breakdown is as follows: a) b) c) d) Plat Review Fee ($1,000.00 + $5./ac)-$1,050.00 Construction Drawing Review Fee Water & Sewer (.50% const, est.) - $ 237.20 Drainage, Paving, Grading (.42% const, est.) - $ 269.24 Construction Inspection Fee Water & Sewer (1.5% const, est.) - $ 711.60 Drainage, Paving, Grading (1.3% const, est.) - $ 833.35 GROWTH MANAGEMENT IMPACT: The developer will obtain a Certificate of Adequate Facilities prior to the final construction plan approval. Public ENVIRONMENTAL ISSUES: There are no outstanding environmental issues HISTORICAL/ARCHAEOLOGICAL IMPACT: There are no historical or archaeological impacts EAC RECOMMENDATION: Approval CCPC RECOMMENDATION: Approval PLANNING SERVICES STAFF RECOMMENDATION: That the Board of County Commissioners approve the Final "Cayo Costa, Unit Two" for recording with the stipulations: Plat of following Approve the amount of $122,698.40 as performance security for the required improvements; or such lesser amount based on work completed, and as is approved by the Engineering Review Department. FEB 2 ~ 200~ Executive Summary Cayo Costa Unit One Page 3 o Approve the standard Agreement, and form Construction and Maintenance a. That no Certificates of Occupancy be granted until the required improvements have received preliminary acceptance. b. That the plat not be recorded until suitable security and an appropriate Construction and Maintenance Agreement is approved and accepted by the Planning Services Director and the County Attorney's office. PREPARED BY: John R. Houldsworth, Senior Engineer Engineering Review REVIEWED BY: Thomas E. Kuck, P.E. Engineering Review Director, County Engineer Date D'at~ APPROVED BY: Joseph K. Schmi-tt, Administrator Community Development & Environmental Services Date JJ~ EXECUTIVE SUMMARY REQUEST TO APPROVE FOR RECORDING THE FINAL PLAT OF "CITY GATE COMMERCE CENTER, PHASE ONE", AND APPROVAL OF THE STANDARD FORM CONSTRUCTION AND MAINTENANCE AGREEMENT AND APPROVAL OF THE AMOUNT OF THE PERFORMANCE SECURITY; AND ACCEPT CERTAIN REQUIRED OFF SITE DRAINAGE EASEMENTS WHICH ARE ASSOCIATED WITH THIS PROJECT OBJECTIVE- To approve for recording the final plat of "City Gate Commerce Center, Phase One", a subdivision of lands located in Section 35 Township 49 South, Range 26 East, Collier County, Florida, following the alternative procedure for approval of subdivision plats, and to accept certain off site drainage easements which are required for this project. CONSIDERATIONS: Engineering Review Section has completed the review of the construction drawings, specifications, and final plat of "City Gate Commerce Center, Phase One". These documents are in compliance with ..~the County Land Development Code and Florida State Statute No. 177. .11 fees have been paid. Security in the amount of 10% of the total cost of the required improvements, and 100% of the cost of any remaining improvements, together with a Construction and Maintenance Agreement for Subdivision Improvements, shall be provided and accepted by the Zoning and Land Development Review Director and the County Attorney's office prior to the recording of the final plat. This would be in conformance with the County Land Development Code - Division 3.2.9. Engineering Review Section recommends that the final plat of "City Gate Commerce Center, Phase One" be approved for recording. FISCAL IMPACT: The project cost is $1,554,386.00 (estimated) to be borne by the developer. The cost breakdown is as follows: a) b) Water & Sewer Drainage, Paving, Grading - $ 333,473.80 - $1,220,912.20 The Security amount, equal to 110% of the project cost, is $1,709,824.60 AGEI~A ITEM FEB 2 200 Executive Summary City Gate Commerce Center, Phase One Page 2 The County will realize revenues as follows: Fund: Community Development Fund 113 Agency: County Manager Cost Center: 138900 - Development Services Revenue generated by this project: Total: $48,011.57 Fees are based on a construction estimate of $1,220,912.20 and were paid in September, 2004. The breakdown is as follows: a) Plat Review Fee ($1,000.00 + $5./ac)-$ 1,380.00 b) c) d) Construction Drawing Review Fee Water & Sewer (.75% const, est.) - $ 2,501.05 Drainage, Paving, Grading (.75% const, est.) - $ 9,156.84 Construction Inspection Fee Water & Sewer (2.25% const, est.) - $ 7,503.16 Drainage, Paving, Grading (2.25% const, est.)- $27,470.52 GROWTH MANAGEMENT IMPACT: The Concurrency Waiver and Release relating to conditional approval has been reviewed and approved by the County Attorney's Office for the project. ENVIRONMENTAL ISSUES: There are no outstanding environmental issues HISTORICAL/ARCHAEOLOGICAL IMPACT: There are no historical or archaeological impacts EAC RECOMMENDATION: Approval CCPC RECOMMENDATION: Approval PLANNING SERVICES STAFF RECOMMENDATION: That the Board of County Commissioners approve the Final Plat of "City Gate Commerce Center, Phase One" for recording with the following stipulations: 1. Approve the amount of $1,709,824.60 as performance security for the required improvements; or such lesser amount based on work completed, and as is approved by the Engineering Review Department. FES~q200~ ~ Executive Summary City Gate Commerce Center, Phase One Page 3 Approve the standard Agreement, and form Construction and Maintenance o a. That no Certificates of Occupancy be granted until the required improvements have received preliminary acceptance. b. That the plat not be recorded until suitable security and an appropriate Construction and Maintenance Agreement is approved and accepted by the Planning Services Director and the County Attorney's office. Accept the off site drainage easement for recording. Maintenance of the easement will be the responsibility of the City Gate Property Owner's Association. PREPARED BY: John R."Houidsw~rth, Senior Engineer Engineering Review REVIEWED BY: Thomas E. Kuck, P.E. Engineering Review Director, County Engineer Date ~at'e APPROVED BY: / "' '/'~~: '~'~a t o r JosePh' K. Schmitt/ Admi ' Community Development & Environmental Services FEB 2 EXECUTIVE SUMNIARY AWARD WORK ORDER NO. UC-090 TO DOUGLAS N. HIGGINS, INC., FOR THE PALM STREET OUTFALL PROJECT (Project No. 51804) IN THE AMOUNT OF $594,525.00, APPROVE TWO DONATION AGREEMENTS, AND ACCEPT TWO DRAINAGE AND UTILITY EASEMENTS, TO BE USED FOR STORMWATER SITE IMPROVEMENTS AND TEMPORARY STAGING WITHIN THE AREA OF THE PROJECT. OBJECTIVE: To receive Board approval and award a work order for the Palm Street Outfall Project to Douglas N. Higgins, Inc., in accordance with the Fixed Term Underground Utility Contracting Services Construction Contract (Bid No. 02-3345), and to approve two Donation Agreements, and to accept two Drainage and Utility Easements, to be used for stormwater site improvements and temporary staging within the area of the project. CONSIDERATIONS: After numerous years of residential flooding problems in the Palm Street area the Stormwater Management Section of the Road Maintenance Department has identified improvements necessary to improve drainage in the area. Palm Street begins just south of U.S. 41 at the U.S. 41 Commercial Drive intersection. This project starts one block south of U.S. 41 on Palm Street and runs west to Fredrick Street, north on Frederick Street, then west to a tidal drainage ditch flowing under Sandpiper Street and into Naples Bay. The total length of the project is 1,350 feet. Project elements include construction of as man3' feet of large storm sewer pipe and box culvert that will enclose an existing undersized open drainage ditch. Also included are ten (10) drainage structures and three (3) utility crossings. The construction period is 120 days with the notice to proceed issued within one (1) week of Board approval. In order to construct the project, two (2) drainage and utility easements and a temporary staging area are being donated by two property owners whose properties will benefit from this project. In addition to the donation of a drainage and utility easement, Nazdar, Inc., the property owner along the west side of Fredrick Street is also donating the use of a staging area on their vacant property for the temporary placement of equipment during the construction stage of the project. In exchange for use of this well situated staging area, the County has agreed, subject to Board approval, to clear the woody vegetation from a portion of the property needed for staging. The cost of clearing the property is approximately $6000 and is factored into the total cost of the project with the bid from DN Higgins, Inc. The second drainage and utility easement is being donated by property owner, Antaramian Capital Partners, the developer of the future Ruffina PUD (f/k/a Sandpiper Village). Donation of the easement is a condition of the Ruffina ( f/k/a Sandpiper Village) PUD approval. As of the writing of this Executive Summary, staff is negotiating Donation Agreements with both property owners. While staff anticipates a favorable outcome with each owner, time is of the essence on this project, and the contractor must receive Notice to Proceed immediately in order to remain within their bid price time constraints. A delay could conceivably cause Stormwater to have to re-bid the project and would most likely cost the taxpayer's an additional expense s ,well as delay the project for another year while the contractor waits for the dry season. ,a, GENDr, liE'- No._ FEB 2 2O0q Executive Summary Palm Su'eet Outfall Project Page 2 of 3 Staff requests that the Board of Count>' Commissioners authorize the Stormwater Management Department to issue to Douglas N. Higgins, Inc., a Notice to Proceed upon receipt of the drainage and utility easements required to construct the proposed improvements. Staff also requests that the Board authorize its Chairman to execute the Donation Agreements once they have been reviewed and approved by the Office of the County Attorney, and to accept the two Drainage and Utility Easements, and to authorize staff to record same in the public records. The contractor has advised staff that it will take approximately four to six weeks for materials to be delivered to the job site. No construction work will commence on this project prior to the easements being obtained and recorded in the public records. Based on engineering plans developed in-house by the Stormwater Management Section written quotes were received from three (3) approved contractors under the underground utility contract. The quotes received were: Bidder DN HIGGINS, INC HASKINS Mitchell & Stark Total Bid Amount $594,525.00 $659.42O.O0 $951,360.00 (~ISCAL IMPACT: Funds are available within the Stormwater Management CIP Fund (301). The current budget for'ibis project, project number 51804, is $295,000. Awarding the project to D.N. Higgins, Inc. in the amount of $594,525.00 in addition to a fifteen percent contingency of $89,180.00 will require a budget amendment in the amount of $388,705.00 to transfer funds from Fund 301 project number 51803, Gateway Triangle Improvements. A budget amendment in the amount of $388,705.00 has been prepared for this executive summary. Funds for the recording of documents, not expected to exceed $75 are available within this same Fund number. Source of funds is Ad Valorem taxes. GROWTH MANAGEMENT IMPACT: Construction of these stormwater management facility improvements are in accordance with the goal and objectives of the Drainage Sub-element of the Growth Management Plan. AG~N~ ,T~ No. FEB 2 200q pg. t~)~ Executive Summary Palm Street Outfall Project Page 3 of 3 RECOMMENDATION: That the Board of County Commissioners: (1) Award Work Order No. UC-090 to Douglas N. Higgins, Inc. in the bid amount of $594,525.00; (2) Direct the Board Chairman to execute work order number UC-090 with Douglas N. Higgins, Inc.; (3) Approve the necessary budget amendment; (4) Authorize its Chairman to execute Donation Agreements with Nazdar, Inc. and with Antaramian Capital Partners, LLC, after their review and approval by the Office of the County Attorney; (5) Accept a Drainage and Utility Easement from Nazdar, Inc., and Accept a Drainage and Utility Easement from Antaramian Capital Partners, LLC; (6) Authorize Staff to record said easements in the public records of Collier Count},, Florida; and (7) Approve any portion of these recommendations either separately or together for the purpose of committing to move forward with this project. SUBMITTED BY: REVIEWED BY: REVIEWED BY: APPROVED BY: Gerald N. Kurtz, P.E., Senior Engineer Stormwater Management / Road Maintenance Department Road Maintenance Department " ' 'i ' Stephen' Y. Ca'ell, Director Purchasing'~cpanment No an . Feder, Administrator Transpiration Division Date: / / Date: Date: Attachments: Work Order Budget Amendment Location Map Two Donation Agreements with Exhibits Two Drainage and Utility Easements with Exhibits FEB 2 200q DOUGLAS N. HIGGINS, INC. 2887 Tami Trail East, Suite 1 Naples, FLorida 34112 Phone: 774-3130 Palm Street Outfall Improvement/Pipe Installation Fax: 774-4266 Collier County Project No. 51804 Bid No. 02-3345 ~ ITEM ESTIMTATED ~10. DESCRIPTION QUANTITY UNIT AMOUNT ~ ~ & Grubbing 0.3 AC 20000.00 $6,000.00 2 Haul excess fill material 10,500 CY 1.00 $10,500.00 ~ 5.00 $2,675.00 3 Milling 535 SY 4 60" RCP 52 LF 250.00 $13,000.00 5 66" RCP 800 LF 230.00 $184,000.00 ,. 450.00 $207,000.00 6 3' x 8' box culvert 460 LF 7 Junction box, approx 10'x 10' x 10'+ 1 EA 15000.00 $15,000.00 ~ 8 Junction box, approx 10'x 10' x 13'+ 1 EA 20000.00 $20,000.00 8'X 3' x 10" RCP Headwall (at end of box 9 culvert) I EA 15000.00 $15,000.00 10 "Hydro-Cartridge" catch basin inserts 2i EA 1000.00 $2,000.00 11 Nyoplast Yard drain & grate I EA 2500.00 $2,500.00 12 12"HDPE pipe 12 LF 100.00 $1,200.00 13 Control Structure (Type H) 1 EA 7500.00 $7,500.00 14 Type H Ditch Bottom Inlet 1 EA 5000.00 $5,000.00 15 ype C Ditch Bottom Inlet 2 EA 5000.00 $10,000.00 16 Cast Iron Grate 6 EA 1000.00 $6,000.00 17 Pipe Removal 55 LF 100.00 $5,500.00 18 Conflict Box approx 9' x 9.5' x 4.5' 2 EA 20000.00 $40,000.00 19 6" Base 535 SY 15.00' $8,025.00 20 12" subgrade 535 SY 15.00 $8,025.00 21 1.5" asphalt 320 SY 15.00 $4,800.00 22 3/4" asphalt overlay 320 SY 5.00 $1,600.00 23 ,Sod 4,000 SF 0.25 $1,000.00 24 Seed & Mulch 0.6 AC 2000.00 $1,200.00 25 Maintenance of Traffic 1 LS 5000.00 $5,000.00 1.00 $2,000.00 26 Erosion Control 2,000 LF 10000.00 $10,000.00 1 LS 27 Mobilization $594,525.00 A CONTIGENCY ITEM Rock Excavation (Trenching) 852 LF FEB 2 2004 PALM STREET OUTFALL DITCH AGENDA IT~k~ No., ttcl% _ FEB 2 ~ 200~ PROJECT: Palm Street Outfall Ditch PARCEL: Parcel 9 ~OLIO: 26880040206 DRAINAGE AND UTILITY EASEMENT THIS EASEMENT, is made and entered into this __ day of , 2004, by NAZDAR INC; cio DALE CHLUMSKY, (hereinafter referred to as "Grantor"), whcse mailing address is 1199 3R~: Street South, Naples, FIodda 34102-7056 and COLLIER COUNTY, a political subdivision of the State of Florida, its successors and assigns (hereinafter referred to as "Grantee"), whose mailing addre'ss is 3301 Tamiami Trail East, Naples, Florida 34112. (Wherever used herein the terms "Grantor" and "Grantee" include all the parties to this instrument and their respective heirs, legal representatives, successors and assigns. Grantor and Grantee are used for singular or plural, as the context requires.) WITNESSETH: Grantor, for and in consideration of TEN DOLLARS ($10.00) and other valuable consideration paid by the Grantee, the receipt and sufficiency of which is hereby acknowledged, hereby conveys, unto the Grantee, a perpetual, non-exclusive easement to enter upon and to install and maintain drainage and utility structures and facilities on the following described lands located in Collier County, Florida, to wit: See attached Exhibit "A" which is incorporated herein by reference. Subject to easements, restrictions, and reservations of record. TO HAVE AND TO HOLD the same unto the Grantee together with the right to enter upon said land, place, excavate, and remove materials for the purpose of constructing, operating, and maintaining drainage and utility facilities thereon. The easement granted herein shall constitute an easement running with the land and shall burden the lands described above. Grantor makes no warranties as to the suitability of the land for the purpose of this easement. IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the date and year first above written. BY: NAZDAR, INC. Witness (Signature) Name (Print or Type) Witness (Signature) Name (Print or Type) DALE E. CHLUMSKY, V.P. & DIRECTOR 1199 3~" Street South Naples, Florida 34102-7056 STATE OF COUNTY OF The foregoing Drainage Easement was acknowledged before me this day of ., 2004, by DALE E. CHLUMSKY as Vice President and Director of NAZDAR INC., on behalf of the corporation. Said person is personally known to me or has produced as identification and states that he is authorized to sign on behalf of the Corporation. (Affix Notarial Seal) Notary Public Serial/Commission#: My Commission Expires: FEB 2 200 PUBLIC WORKS ENGINEERING DEPARTMENT 2685 HORSESHOE DRIVE SOUTH NAPLES, FLORIDA 34104 ,-) ,-, (,..~9) 659-5773 PROJECT NO .......... PARCEL NO .............. FOLIO NO... TAX PARCEL NO ........... LEGAL DESCRIPTION (NOT A SURVEY) LOT 8 15' 15' DRAINAGE EASEMENT/~ LOT 9 LOT 10 ¥< LEGAL DESCRIPTION EXHIBIT Pegc. '. of THE NORTH 15 FEET AND THE WEST 15 FEET OF LOT 9 OF THE PLAT THEREOF COL-LEE-CO TERRACE AS RECORDED IN PLAT BOOK 1, RAGE 32, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. I - AGENDA No._[ I FEB 2 q 200q PROFESSIONAL LAND SURVEYOR-FL REG. # 2406 TRANSPORTATION ENGINEERING DEPARTMENT. 2685 HORSESHOE DRIVE SOUTH NAPLES, FLORIDA 34104 SHEET 1 OF I OJEC-f: , ARCEL ' FOLIO: Palm Street Outfail Ditch Parcel 9 268800402O6 DONATION AGREEMENT THIS DONATION AGREEMENT (hereinaffer referred to as the "Agreement") is made and entered into by and between NAZDAR INC., a Florida corporation,; cio DALE CHLUMSKY, (hereinafter referred to as "Owne¢'), whose mailing address is 1199 3RD Street South, Naples, Florida 34102-7056 and COLLIER COUNTY, a political subdivision of the State of Florida, (hereinaffer referred to as "County"), whose mailing address is 3301 Tamiami Trail East, Naples, Florida 34112. WITNESSETH: WHEREAS, County has requested that Owner convey to the County a perpetual, non- exclusive easement for the purpose of drainage, utility and maintenance over, under, upon and across the lands described in Exhibit "A" (said easement hereinafter referred to as the "Property"), which is attached hereto and made a part of this Agreement; WHEREAS, Owner is willing to donate the Property to County for the stated easement purposes, on the terms and conditions set forth herein; and NOW, THEREFORE, in consideration of these premises, the sum of Ten Dollars '10.00), and other good and valuable consideration, the receipt and sufficiency of which is ~reby mutually acknowledged, it is agreed by and between the parties as follows: 1. Owner shall convey the Property via an Easement to County at no cost to the Owner. The County will be responsible for any costs associated with the recording and transaction fees and any applicable curative or title work ordered that is necessary to complete this transaction. 2. Prior to Recording the Drainage and Utility Easement, Owner agrees to reasonably cooperate with any reasonable stipulations of the title commitment as long as such cooperation does not result in any cost or expense to the Owner. 3. This Agreement shall be null and void, and of no further force or effect, unless the easement donation agreement is approved by the Board of County Commissioners within ninety (90) days from the date Owner executes this Agreement. 4. Owner is aware and understands that this Agreement is subject to the acceptance and approval by the Board of County Commissioners of Collier County, Florida. 5. Owner represents that to the best of his knowledge the Property and all uses of the Property have been and presently are in compliance with all Federal, State and Local environmental laws. 6. This Agreement and the terms and provisions hereof shall be effective as of the date this Agreement is executed by both parties and shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, personal representatives, successors, successor trustees, and/or assignees, whenever the context so requires or admits. -7. Conveyance of the Property by Owner is contingent upon no other provisions, ,;onditions, or premises other than those so stated in this Agreement; and the written Agreement, including all exhibits attached hereto, shall constitute the entire Agreement and Donation Agreement -- AGENDA No._t qf5 ._/ .__.._ FEB 2 ZO0 understanding of the parties, and there are no other prior or contemporaneous written or oral agreements, undertakings, promises, warranties, or covenants not contained herein. 8. The Owner holds the Property in the form of a corporation and as such all officers and directors are in agreement to donate this easement to the County for the intended purpose of a drainage easement. 9. This Agreement is governed and construed in accordance with the laws of the State of Florida. 10. No construction, except as specifically set forth in Paragraphs 11 and 12, by Collier County shall take place on Owner's pertinent property described in Paragraph 11 pdor to the conveyance of the described easement. 11. The Owner gives his permission to Collier County and/or Its representatives to remove the vegetation as County deems necessary on Owner's Lots 9,10 and 11, Col-Lee- Co Terrace as recorded in Plat Book 1, Page 32, of the Public Records of Collier County, Florida, and as represented in Exhibit "B", and to use land upon these Lots for the sole purpose of staging equipment and materials for a period of up to twelve months or until such time as the project is completed upon the owner's property, if less than twelve months. 12. The clearing of this property is contingent on the commencement of the intended stormwater project. Collier County or its representatives will be responsible for the expense and the physical clearing of woody vegetative material on Lots 9, 10 and 11 for the purpose of use as a staging area and clearing of the easement area. 13. The donation of the Property is contingent upon the County deeming that removal of the vegetation on Lots 9, 10 and 11 as described in Paragraph 11 above is necessary and does in fact cause the physical clearing of woody vegetation material on Lots 9, 10 and 11. 14. The donation of the Property is contingent upon the project proceeding in accordance with the time line discussed in the letter of January 22, 2004 from Mr. Bartalone of Douglas N. Higgins, Inc. to the County's agent, Jerry Kurtz, attached hereto as Exhibit "C". If the clearing of the woody vegetative material as discussed above has not commenced by April 1, 2004, the Owners agreement to donate the Property for staging purposes and the donation of a Drainage and Utility Easement will be deemed terminated, and escrow agent, Richard D. Lyons, Esq., is authorized to destroy the original executed easement instrument. 15. The Drainage and Utility Easement will be signed by Owner at the time this Donation Agreement is executed; however, it shall be held in escrow by Richard D. Lyons, ESQ., and will be released to the County for recording within two business days after notification by the County or its representative that the clearing of the vegetation on Lots 9, 10 and 11 has been completed. Owner's failure to notify the County within two business days of notice of completion, in writing and with specificity of any failure of County to meet the terms and conditions of paragraphs 11 and 14 above should be deemed a waiver of objection by Owner and authorization to Richard D. Lyons, Esq., for release of the Drainage and Utility Easement. 16. Once the County has recorded possession of the Drainage and Utility Easement, the existing drainage ditch on Owner's property will be filled with dirt level to the surrounding existing elevation. Installation of the new underground drainage facility will then be completed within the drainage easement. Donation Agreement 2 AGENDA iITElul ,Jo. FEB 2 200 IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the date and year first above written. DATE ACQUISITION APPROVED BY BCC: AS TO COUNTY: DATED: ATTEST: DWIGHT E. BROCK, Clerk ,Deputy Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: DONNA FIALA, CHAIRMAN AS TO OWNER: WITNESSES: Witness (Signature) Name: (Print) Witness (Signature) Name: (Print) By: DALE E. CHLUMSKY as Vice President and Director of Nazdar, Inc. Approved as to form and legal sufficiency: Ellen T. Chadwell Assistant County Attorney Donation AgreemenU AGENDA ~J~ FEB 2 2O0q PUBLIC WORKS ENGINEERING 2685 HORSESHOE DRIVE SOUTH (239) 659-5773 DEPARTMENT NAPLES, FLORIDA 3a104 PROJECT NO .......... PARCEL NO .............. FOLIO NO... TAX PARCEL NO ........... LEGAL DESCRIPTION (NOT A SURVEY) LOT 8 15' 15' DRAINAGE EASEMENT/' LOT 9 LOT 10 LEGAL DESCRIPTION EXHIBIT A THE NORTH 15 FEET AND THE WEST 15 FEET OF LOT 9 OF THE PLAT THEREOF COL-LEE-CO TERRACE AS RECORDED IN PLAT BOOK 1, PAGE 32, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. AGENDA rrE~: No., / ...... FEB 2 ~ 2004 / GEORGE R. RICHMOND PROFESSIONAL LAND SURVEYOR-FL. REG. # 2406 TRANSPORTATION ENGINEERING DEPARTMENT. 2685 HORSESHOE DRIVE SOUTH NAPLES, FLORIDA 34104 SHEET 1 OF 1 L~ "' AGENDa, ITE~ ' No.~ FEB 2 ~, 200~ II EXHIBIT EEO. FEB 2 ~ 20Oq Pc. '-'~ROJECT: ARCEL ' FOLIO #: Palm Street Outfall Ditch Ruffina Easement 00386920008 DONATION AGREEMENT THIS DONATION AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into by and between ANTARAMIAN CAPITAL PARTNERS, LLC, a Florida limited liability company, (hereinafter referred to as "Owner"), whose mailing address is, 365 5TM Avenue South, Suite 201, Naples, Florida 34102-6575 and COLLIER COUNTY, a political subdivision of the State of Florida, (hereinafter referred to as "County"), whose mailing address is 3301 Tamiami Trail East, Naples. Florida 34112. WITNESSETH: WHEREAS, County has requested that Owner convey to the County a perpetual, non- exclusive easement for the purpose of drainage, utility and maintenance over, under, upon and across the lands described in Exhibit "A" (said easement hereinafter referred to as the "Property"), which is attached hereto and made a part of this Agreement; WHEREAS, Owner desires to convey the Property to County for the stated purposes, on the terms and conditions set forth herein; and NOW. THEREFORE, in consideration of these premises, the sum of Ten Dollars '$10.00), and other good and valuable consideration, the receipt and sufficiency of which is )ereby mutually acknowledged, it is agreed by and between the parties as follows: 1. Owner shall convey the Property via an Easement to County at no cost to the Owner. The County will be responsible for any costs associated with the recording and transaction fees and any applicable curative or title work ordered that is necessary to complete this transaction, unless otherwise stated herein. 2. Prior to Closing, Owner agrees to reasonably cooperate with Purchaser in meeting any requirements of the title commitment as long as such cooperation does not result in any cost or expense to the Owner. 3. This Agreement shall be null and void, and of no further force or effect, unless Closing shall occur within ninety (90) days from the date County executes this Agreement. 4. Owner is aware and understands that this Agreement is subject to the acceptance and approval by theBoard of County Commissioners of Collier County, Florida. 5. Owner represents that to the best of his knowledge the Property and all uses of the Property have been and presently are in compliance with all Federal, State and Local environmental laws. 6. This Agreement and the terms and provisions hereof shall be effective as of the date this Agreement is executed by both parties and shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, personal representatives, successors, successor trustees, and/or assignees, whenever the context so requires or admits. 7. Conveyance of the Property by Owner is contingent upon no other provisions, conditions, or premises other than those so stated above: and the written Agreement, including all exhibits attached hereto, shall constitute the entire Agreement and Donation Agreement AGENDA FEB 2 200 understanding of the parties, and there are no other orior or contemporaneous written or cral agreements, undertakings, promises, warranties, or covenants not contained herein. 8. The Owner holds the Property in the form cf a iimited liability company and as such all officers and directors are in agreement to donate this easement to the County for the intended purpose of a drainage easement. 9. This Agreement is governed and construed in accordance with the laws of the State of Florida. 10. No construction by Collier County shall take place on Owner's pertinent property prior to the conveyance of the described easement. 11. Upon installation of the new underground drainage facility, dirt will be filled in the ditch level to the existing surrounding ground elevation. IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the date and year first above written. DATE ACQUISITION APPROVED BY BCC: AS TO COUNTY: DATED: ATTEST: DWIGHT E. BROCK, Clerk ,Deputy Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY. FLORIDA BY: DONNA FIALA, CHAIRMAN AS TO OWNER: VCtness.~ignature) '/(Print) Witness (Signature) (Print) x ANTARAMIAN CAPITAL PARTNERS, LLC, a Florida limited liability company BY: SLOANE STREET PARTNERS LLC, a Delaware limited liability company, Its manager ANTARAMIAN, its President Approved as to form and legal sufficiency: Ellen T. Chadwell Assistant County Attorney Donation Agreement AGEI:CDA FEB 2 200 Pg. .._understanding of the p~rties, anC there are no other prior or contemporaneous written or oral ]reements. undertakings, promises, warranties, or covenants not contained herein. 8. The Owner holds the Property in the form of a limited liability company and as such all officers and directors are in agreement to donate this easement to the County for the intended purpose of a drainage easement. 9. This Agreement is governed and construed in accordance with the laws of the State of Florida. 10. No construction by Collier County shall take place on Owner's pertinent property prior to the conveyance of the described easement. 11. Upon installation of the new underground drainage fac lity. dirt will be filled in the ditch level to the existing surrounding ground elevation IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the date and year first above written. DATE ACQUISITION APPROVED BY BCC: AS TO COUNTY: DATED: ATTEST: DWIGHT E. BROCK, Clerk , Deputy Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: DONNA FIALA, CHAIRMAN AS TO OWNER: V~tness.~Signature) "(Print) Wit'-~es-'~ (Signature) (Print) ANTARAMIAN CAPITAL PARTNERS, LLC, a Florida limited liability company BY: SLOANE STREET PARTNERS LLC, a Delaware limited liability company, Its manager :~~K ANTARAMIAN, its President Approved as to form and legal sufficiency: Ellen T. Chadwell Assistant County Attorney Donation Agreement AqI~NpA No./ FEB 2 200 O~ WilsdnMiileF ¥ New Directions In Plannk~g, Design & Engineering Legal Description of Pad of the West 1/2 of the Northwest 1/4 of the Northwest 1/4 of Section 11, Township 50 South, Range 25 East, and part of Lot 8, Col-Lee-Co Terrace, Plat Book 1, page 32, Collier County, Florida. (Proposed Drainage Easement for Ruffina) All that part of the West 1/2 of the Northwest 1/4 of the Northwest 1/4 of Section 11, Township 50 South, Range 25 East and part of Lot 8, Col-Lee-Co Terrace, Plat Book 1, page 32, Collier County, Florida and being more particularly described as follows; Commencing at the Southwest Corner of Lot 107, Golden Shore Subdivision, as recorded in Plat Book 3, page 25, Collier County, Florida; Thence along the South line of said Lot 107, North 89°40'01" East 140.03 feet to the West line of said Section 11; Thence along said West line South 00°28'51" East 10.81 feet; Thence continue along said line South 00°24'44" East 68.00 feet to the North line of Walker's Subdivision as recorded in Plat Book 1, page 36, Collier County, Florida; Thence along the Nodh line of said Walker's Subdivision in the following four (4) described courses; 1) Nodh 89°58'50" East 145.89 feet; 2) South 85°59'47" East 40.19 feet; 3) North 77021'07" East 149.36 feet; 4) North 75°51'43" East 44.11 feet to the POINT OF BEGINNING; Thence leaving said line North 14°08'17" West 20.00 feet; Thence North 75°51'43" East 107.68 feet; Thence North 84°32'18" East 42.86 feet; Thence North 89°43"24" East 79.87 feet; Thence North 87°53'55" East 46.81 feet; Thence North 00°39'53" West 54.76 feet; Thence North 89°46'09" East 180.03 feet to a point on the West Right-of-Way line of Avenue "A" (now known as Frederick Street) per the plat of Col-Lee-Co Terrace, Plat Book 1, page 32, Collier County, Florida; Thence along said right-of-way South 00°34'16" East 20.00 feet to the Southeast corner of Lot 8 according to said Plat; Thence along the South line of said Lot 8, South 89°46'09" West 160.00 feet to a point on the West line of said Plat of Col-Lee-Co Terrace; Thence along said West line South 00°39'53" East 56.23 feet to the Northeast corner of Lot 18, according to the Plat of Walker's Subdivision as recorded in Plat Book 1, page 36, Collier County, Flodda; Thence along the North line of said Walker's Subdivision in the following three (3) described courses; 1) South 89°43'24" West 145.89 feet; 2) South 84°32'18" West 40.43 feet; 3) South 75°51'43" West 106.16 feet to the POINT OF BEGINNING. Subject to easements and restrictions of record. Beadngs are based on the West line of Lot 107, Golden Shores Subdivision, Being South 00°29'24" East. Subject to easements and restrictions of record; Certificate of Authorization #LB-43. Wilson~.~iller, lnc. Registered Engineers and Land Surveyors i o,7. ,..s.7,,,,,) No~ii~Su7nless em (bosse i~_t~e Professional's Seal. Date EXHIE T Offices strategically located to serve our c/lents 800.849.4336 Nap/es/Corporate Office 3200 8alley Lane, Suite 200 ·/Vap/~, Florida 34105 · 239.649.4040 · Fax 239.643.; wi/sonmi/ler, corn '1~ 131~31 Vel: 011- J&4ado~ ~3124.(~(~&,,~-0 Wil$onMillgr. lnc. -- FL Li¢~, LC-CO00t~'O PRCdECT: PARCEL' FOLIO #: Palm Street Out'fail Ditc,~ Ruffina Easement 00386920008 DRAINAGE AND UTILITY EASEMENT THIS EASEMENT. is made and entered into this __ day of , 2004, by ANTARAMIAN CAPITAL PARTNERS, LLC, a Ftonda limited liability company (hereinafter referred to as "Granto¢'), whose mailing address is 365 5~h Avenue South, Naples, Florida 34102-6575 and COLLIER COUNTY, a political subdivision of the State of Flodda, it's successors and assigns (hereinafter referred to as "Grantee"), whose mailing address is 3301 Tamiami Trail East, Naples, Flodda 34112. (Wherever used herein the terms "Grantor" and "Grantee" include all the parties to this instrument and their respective heirs, legal representatives, successors and assigns. Grantor and Grantee are used for singular or plural, as the context requires.) WITNESSETH: Grantor, for and in consideration of TEN DOLLARS ($10.00) and other valuable consideration paid by the Grantee, the receipt and sufficiency of which is hereby acknowledged, hereby conveys, u,n~o the Grantee. a perpetual, non-exclusive easement to enter upon and to install and maintain ,,/~¢,~t~a~nage and utility structures and fadtities on the following described lands located in Collier County, FIodda, to wit: See attached Exhibit "A" which is incorporated herein by reference. Subject to easements, restrictions, and reservations of record. TO HAVE AND TO HOLD the same unto the Grantee together with the dght to enter upon said land, place, ,excavate, and remoYe materials for the purpose of constructing, operating, and maintainik'!~'^"o~"~%nd utility facilities thereon. The easement granted herein shall constitute an easement Cu"nning with the land and shall burden the lands described above. Grantor makes no warranties as to the suitability of the land for the purpose of this easement. tN WITNESS WHEREOF, the Grantor has caused these presents to be executed the date and year first above wntten. Witness (Signature) a Flodda limited liability company SLOANE ,,STREET PARTNERS LLC. " ' a D~r,~ lim~e~d liability company, its manager V~.SS (Sign_,atu"~) ~.~K ANTAR/~MI-A~,-its Pre~ide~rr~ NVar~e (Pnnt'-or Type-)' STATE OF COUNTY The~ foregoing Drainage Easement was acknowledged before me this ~ day of /~-t'~-/~,~.~,~,w , 2004, by JACK ANTARAMIAN as President of ANTARAMIAN CAPITAL PARTNERS, I~LC, on behalf of the limited liability company. Said person is per$onall¥.known_t¢._~_~ or has produced as identification and states that he is authorized to sign on behalf of the Company. (Affix Notadal Seal) Notanj Public Serial/Commission#: ~ ...... ~""r,, BAREA~.A K. MCKEAN I~ ilMY COMMISSION ~' DO 186478 II EXPIRES, MarO~ 4 2007 '~1 v,f ~-,~.,,;~ Boma:i ~ ~,a~ ~: Ur~'r~e~ My Commission Expires: No. Lr-_> FEB 2 200 WilsdnMiller ' New Directions In ;anning, Design & Engineering Legal Description of Part of the West 112 of the Nodhwest 1/4 of the Northwest 1/4 of Section 11, Township 50 South, Range 25 East, and part of Lot 8, Col-Lee-Co Terrace, Plat Book 1 page 32, Collier County, Florida. ' (Proposed Drainage Easement for Ruffina) All that part of the West 1/2 of the Northwest 1/4 of the Northwest 1/4 of Section 11, Township 50 South, Range 25 East and part of Lot 8, Col-Lee-Co Terrace, Plat Book 1, page 32, Collier County, Florida and being more particularly described as follows; Commencing at the Southwest Corner of Lot 107, Golden Shore Subdivision, as recorded in Plat Book 3, page 25, Collier County, Florida; Thence along the South line of said Lot 107, North 89°40'01" East 140.03 feet to the West line of said Section 11; Thence along said West line South 00°28'51" East 10.81 feet; Thence continue along said line South 00°24'44" East 68.00 feet to the North line of Walker's Subdivision as recorded in Plat Book 1, page 36, Collier County, Florida; Thence along the North line of said Walker's Subdivision in the following four (4) described courses; 1) North 89°58'50" East 145.89 feet; 2) South 85°59'47" East 40.19 feet; 3) North 77°21'07" East 149.36 feet; 4) North 75°51'43" East 44.11 feet to the POINT OF BEGINNING; Thence leaving said line North 14°08'17" West 20.00 feet; Thence North 75°51'43" East 107.68 feet; Thence North 84°32'18" East 42.86 feet; Thence Nodh 89"43'24" East 79.87 feet; Thence North 87"53'55" East 46.81 feet; Thence North 00"39'53" West 54.76 feet; Thence North 89"46'09" East 180.03 feet to a point on the West Right-of-Way line of Avenue "A" (now known as Frederick Street) per the plat of Col-Lee-Co Terrace, Plat Book 1, page 32, Collier County, Florida; Thence along said right-of-way South 00°34'16" East 20.00 feet to the Southeast comer of Lot 8 according to said Plat; Thence along the South line of said Lot 8, South 89°46'09" West 160.00 feet to a point on the West line of said Plat of Col-Lee-Co Terrace; Thence along said West line South 00039'53" East 56.23 feet to the Northeast comer of Lot 18, according to the Plat of Walker's Subdivision as recorded in Plat Book 1, page 36, Collier County, Fiodda; Thence along the North line of said Walker's Subdivision in the following three (3) described courses; 1) South 89°43'24" West 145.89 feet; 2) South 84°32'18" West 40.43 feet; 3) South 75°51'43" West 106.16 feet to the POINT OF BEGINNING. Subject to easements and restrictions of record. Beadngs are based on the West line of Lot 107, Golden Shores Subdivision, Being South 00°29'24- East. Subject to easements and restrictions of record; Certificate of Authorization #LB-43. WilsonMiller,lnc. Registered Engineers and Land Surveyors ~ ~2u7nless em ( 'boss ieee Professional's Seal. Date EXHIBIT. Offices strategically located to serve our clients 800.649.4336 Naple~Corporate Office 3200 Bailey Lane, Suite 200 · Naples, Florida 34105,239.649.4040 ° Fax 239.643.5 wilsonm/I/er, corn Wil$ onlUliller. I~c. -- FL LI~'./ L C-CO00 ~70 ~ 1310;31 0~124-~00-50& - 0 Page. ~ _of ~ AGENDA tll~ FEB 2 200q ,, EXECUTIVE SUMMARY BOARD APPROVAL FOR A SIX (6) MONTH EXTENSION TO BID NO. 99-2955- "IMMOKALEE ROAD GROUNDS MAINTENANCE SERVICE" TO COMMERCIAL LAND MAINTENANCE, INC. OBJECTIVE: To approve a six (6) month extension to Bid no. 99-2955 to Commercial Land Maintenance, Inc. for roadway grounds maintenance on Immokalee Road. CONSIDERATIONS: Bid No. 99-2955 was approved by the Board on August 9, 1999, agenda item no. 16.B.14. The expiration date for this contract is March 31, 2004. Due to extenuating circumstances involving this roadway, Staff is requesting a six (6) month extension. This section of Immokalee Road will have six lane construction beginning in July or August of 2004. The design for this roadway will require the loss of most of the existing landscape. Construction would also only allow a new contract to be implemented for approximately 4 months. It would be more economical to extend the existing contract for the anticipated time before the construction begins. Salvageable plants will be root pruned and relocated to other public areas by Commercial Land Maintenance Inc. Once construction of the roadway has been completed, Staff would issue a bid for median installation and a subsequent bid for maintenance of the medians. FISCAL IMPACT: The fiscal impact is the expense of an estimated $60,000.00 for the fifth year. GROWTH MANAGEMENT PLAN: There is no Growth Management impact associated with this action. RECOMMENDATION: That the Board of County Commissioners approve a six (6) month extension to Bid No. 99-2955 "Immokalee Road Grounds Maintenance Service to Commercial Land Maintenance, Inc. as specified herein. "' 'b ~ ~~~ Dat'~-/f'~ rreparea y: it_..,-,.-- ~.- . ' Reviewed by: Reviewed by: rtatPetersen,Project Manager ion/Traffic Ops/~TM Department Dian~' l~agg, Director Trans/Traffic Ops/ATM Department Steve ~a~ell, Director Purcha,,si'nb/Gene[al Services Approved by: ? - Date: Nofiu /eder., Administrator' Translortation )ivision Date: A(~I; ND_~ IT~EM FEB 2 EXECUTIVE SUMMARY APPROVE BID #04-3597 "DAVIS BOULEVARD PHASE II MSTD ROADWAY GROUNDS MAINTENANCE" AND AWARD TO ADVANCED LAWN IN THE AMOUNT OF $84,956.00. OBJECTIVE: To obtain Board Approval for the award of Bid #04-3597 for the Davis Boulevard Phase II MSTD Roadway Grounds Maintenance to Advanced Lawn in the amount of $84,956.00. CONSIDERATION: six (46) prospective Maintenance. On December 4, 2003, The Purchasing Department sent notices to fogy- bidders for Davis Boulevard Phase II MSTD Roadway Grounds On December 15, 2003 a Mandatory pre-bid meeting was held to explain the contract specifics and answer any questions that prospective bidders may have about the services requested. On December 24, 2003 three bid packages were received. Of the bids received, Green Heron submitted a bid amount of $172,492.60, Commercial Land submitted a bid amount of $131,571.00 and Advanced Lawn submitted a low bid amount of $84,956.00. Staff recommends award of this bid to Advanced Lawn as the lowest, qualified, and responsive bidder. -Q---qFISCAL IMPACT: Funds in the amount of $84,956.00 are available in Fund 112-163652- 620131. GROWTH MANAGEMENT IMPACT: There is no growth management impact. RECOMMENDATION: That the Board award Bid #04-3597 for the Davis Boulevard Phase II MSTD Roadway Grounds Maintenance to Advanced Lawn and authorize the Chairman to execute the standard contract after review by the County Attorney's Office, and authorize any necessary budget amendments required. PREPARED BY: Bob Petersen, Project Manager Traffic Operations & ATM Department REVIEWED BY: . "Stephen Y. Camel[ Director Purch~ng Department REVIEWED BY: Diane tFl'a~,g, Director Traffic O/~, erations & ATM Department APPROVED BY: Nor~rna/n ]~. Feder, AICP, Administrator ! . Transportation Division Date: ~/~C~~(/ Date: Date: No._.~, [b 3 FEB 2 q 200q '~ z~ (.1, g~ ITEM 2 ~. 200~ AGENDA, ITEM No.~ ! ~._F, '.__% FEB 2 ~ 200~ Pg. (~D' z~ ~ 200~ AGENDA ITEM FEB 2 ~ 200~ o~, z~ 2 ~t 200~ EXECUTIVE SUMMARY APPROVAL OF CONTRACT #03-3559 "CONSULTANT SERVICES FOR THE UPDATE OF THE COLLIER COUNTY COMPREHENSIVE PATHWAY PLAN, FOR THE NOT TO EXCEED AMOUNT OF $99,976.00, WITH SPRINKLE CONSULTING INC. OBJECTIVE: Obtain Board of County Commissioners approval of a contract for professional planning services for the update of the Collier County ComPrehensive Pathway Plan in the not to exceed amount of $99,976.00. CONSIDERATIONS.: The Collier County Metropolitan Planning Organization (MPO) Comprehensive Pathway Plan was adopted in 1994. The plan established goals and objectives for safe and efficient bicycle and pedestrian travel as well as a list of pedestrian and bicycle improvement projects. That plan is a working tool that has been effectively incorporated into the MPO project prioritization process. To facilitate an update to this plan, a Request for Proposal was issued. The Request for Proposal (RFP) was issued in accordance with Florida State Statute 287.055, Consultant Competitive Negotiation Act, and publicly advertised on August 6, 2003. Notices were sent to eighty-six (86) firms and responses were received from five (5) firms by the due date of August 29, 2003. A Selection Committee meeting was held on September 16, 2003, and after review, scoring and discussion of the proposals, by consensus of the members, the firms were selected for the short list as follows. With Board approval, negotiations commenced with the top ranked firm. 1.- Sprinkle Consulting 2. Johnson Engineering 3. Renaissance Planning A second Selection Committee meeting was held on October 6, 2003, for presentations by the two (2) top ranked firms from the short-listing noted above. After review, scoring and discussion of the presentations, by consensus of the members, Sprinkle Consulting, Inc. was deemed qualified to provide the services required under this Request for Proposal. The Board approved the committee's short-list and authorization to enter into negotiations with the top-ranked firm on October 28, 2003, Agenda Item 16.B.6 Staff has negotiated and successfully reached a contract agreement with the top-ranked firm. .~cISCAL IMPACT:,Update of the Comprehensive Pathways Plan is an identified task within the ollier County MP~) s FY2003/2004 Unified Planning Work Program (UPWP). As such, funds have been allocated within the MPO's UPWP budget under Fund 126, Project Number 350011. GROWTH MANAGEMENT IMPACT: The Transportation Element of the Growth Management Plan references the Comprehensive Pathway Plan as a tool to be implemented in pr~ ,viding for the safe - NoA and convenient movement of pedestrians and non-motorized vehicles. FEB 2 RECOMMENDATION: That the Board of Count5, Commissioners approve a contract for the update of the Collier County Comprehensive Pathway Plan in the not to exceed amount of $99,976.00 and authorize the Chairman to execute after County Attorney review and approval. SUBMITTED BY: APPROVED BY: APPROVED BY: APPROVED BY: APPROVED BY: ~ Date: z-~o-c: Tom T&t!nerlln~-t~nnclpal Planner Traf~erations and Alternative Transportatio] M~dej Dia~ Pfag , Director Traffic Op~ratio~y an~ Alternative Transportation Modes Jo~ Li~bahgh, Director ~lier CounW Metropolit~ Pla~ing Organization Stev~,~ell, ~tor, Purchasing/General Se~ices No~ Feder. Administrator TrunCation Se~ices Division FEB 2 200q Pg. [~:~ EXECUTIVE SUMMARY. APPROVE THE FINAL CHANGE ORDER NO. 9 IN THE AMOUNT OF ($253,938.35) TO BE REMOVED FROM THE PURCHASE ORDER WITH BONNESS, INC. AND PLACE INTO TRANPORTATION'S BUDGET TO CLOSE OUT THE LIVINGSTON ROAD PHASE IV PROJECT, FROM IMMOKALEE ROAD TO THE COUNTY LINE, PROJECT NO. 65041, BID NO. 02-3364. OBJECTIVE: To obtain Board of County Commissioners approval of the Final Change Order No. 9 in the amount of ($253,938.35) to be removed from the purchase order with Bonness, Inc. and Place into Transportation's budget to close out the Livingston Road Phase IV Project, from Immokalee Road to the County line, Project No. 65041, Bid No. 02-3364. CONSIDERATION;. On May 14, 2002, the Board of County Commissioners approved the contract with Bonness, Inc. for the Livingston Road IV four and six lane Project, from Immokalee Road to the County line (Agenda 16.B.9). Change Order No. 9 closes out the project by re-depositing $217,420.01 into Tranportation budget and $36,518.34 into the Utlitity budget. This project was completed on time and is 9.6% under the anticipated expenditure. ~iSCAL IMPACT: Funds in the amount of $ 6,775.89 are available in the Sewer Capital '¢'~ Project Fund. An estimated savings of $ 43,294.23 will be returned to the Water Capital Fund. An estimated savings orS 217,420.01 will be returned to the Road Gas Tax Fund. GROWTH MANAGEMENT IMPACT: This Capital Improvement Element (CIE # 21) is Consistent with the Transportation Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners approve the Final Change Order No. 9 in the amount of ($253,938.35) to Bonness, Inc., for the Livingston Road Phase IV Project, Project No. 65041 and authorize the Transportation Division Administrator to sign the Change Order. l~y~n R.rFhorpe, P.E., Principal Project Manager steve Camdll, Dire~or Purchasing/General Services APPROVED BY: . Roy Ande/son, Director P.U.E.D., ~d,~ Gregg R. ~l~akaluse, ,P.E., Director T.E. & C.M.D. APPROVED BY: - ':~ '~ N0~. ~eder, AICP, Administrator Transp~ation Division DATE: DATE:2 DATE: DATE: .... AGENDA ITEM No.~ I_LOl% % FEB 2 ~ 200~ ~g. CONTRACT MODIFICATION CHECKLIST FORM PROJECT NAME: BID/RFP #: 02-3364 Livingston Road Phase 4 PROJECT #: 65041 MOD #: C.O. # 9 AMOUNT OF THIS CHANGE $ (253,938.35) PO #: NIA . Work Order #: NIA CONTRACT AMOUNT: ORIGINAL $ 6,008,521.88 CURRENT $6,029,881.26 (STARTING POINT) (INCLUDING THIS CHANGE ORDER) Last BCC Approved Amount $ N/A (LAST TOTAL AMT. REQUIRING BCC APPROVAL) Date of Last BCC Approval N/A Agenda Item # N/A Percentage of the change over/under current contract amount 4.2 Formula: (Current Amount / Last BCC approved amount)-1 ' Results and Actions: If the change exceeds 10% BCC approval is required; under 10% BCC on Purchasing report. % reported to CURRENT COMPLETION DATE (S): ORIGINAL: October 23, 2003 CURRENT: January 30, 2004 SUMMARY OF PROPOSED CHANGE (S): Items #1 thru #87; Decrease the plan quantities to the final measured pay quantities Items #88 thru #t15; Increase the final measured pay quantities Items #116 thru #~ ~ 8; Pay items added to the contract to complete the contract. JUSTIFICATION FOR CHANGE (S): To adjust the contract to the final quantities PARTIES CONTACTED REGARDING THE CHANGE: Lynn Thorpe P.E. - Principle Proiect Manager, Eddie Martin - TECM Field Project Manager, Scott Gordon - Project Mana.qer IMPLEMENTATION STEPS (Verify each before proceeding with change using Y, N or N/A) x Proposed change is consistent with the scope of the existing agreement x Proposed change is in fact an addition or deletion to the existing scope x Change is being implemented in a manner consistent with the existing agreement ~ The appropriate parties have been consulted regarding the change x Proposed prices, fees and costs set forth in the change are reasonable PROJECT MANAGER RECOMMENDATION: APPROVE: <P~e.J~ W'7 ~ Date: DISAPPROVE: Date: COMMENTS: AGEND,~, ITEM FEB 2 2004 Revised 8/22/03 Pg. __ 3 Date: RE: Contract: Project: Amendment No.' Wednesday, February 4, 2004 02-3364 65041 To Steve:2/4 BCC Report:. 2/4 Scanned, to Bonnie Change Order/Work Order No.: No 9 Contractor/Consultant: Bormess Change Order/Work Order Amount: Last BCC Approved Amount ($-253,938.35) $6,008,521.88 Revised Agreement Amount $6,029,881.26 Percentage Increase/Decrease .36% Overview of Changes: The net results of changes represent a reduction in the cost of the project. There were numerous decreases and increases to the final measured pay item quantities to complete the project, resulting in a deductive change order amount. Steve's Acknowledgement: Scanned Date: Date: AGEiND~, ITEM FEB 2 200q CONTRACT MODIFICATION CHECKLIST FORM PROJECT NAME: Livingston Road Phase 4 PROJECT #: 65041 BID/RFP #: 02-3364 MOD #: C.O. # 9 AMOUNT OF THIS CHANGE $ (253,938.35) PO #: NIA Work Order #: NIA CONTRACT AMOUNT: ORIGINAL $ 6,008,521.88 (STARTING POINT) Last BCC Approved Amount $ N/A (LAST TOTAL AMT. REQUIRING BCC APPROVAL) Date of Last BCC Approval N/A CURRENT $6,029,881.26 (INCLUDING THIS CHANGE ORDER) Percentage of the change over/under current contract amount Formula-'. (Current Amount / Last BCC approved amount)-1 Results and Actions: If the change exceeds 10% BCC on Purchasing report. Agenda Item # N/A BCC approval is required; under 10% reported to CURRENT COMPLETION DATE (S): ORIGINAL: October 23, 2003 CURRENT: January 30, 2004 SUMMARY OF PROPOSED CHANGE (S): Items #1 thru #87; Decrease the plan quantities to the final measured pay quantities Items #88 thru #115; Increase the final measured pay quantities Items #116 thru #118; Pay items added to the contract to complete the contract. JUSTIFICATION FOR CHANGE (S): To adiust the contract to the final quantities PARTIES CONTACTED REGARDING THE CHANGE: Lynn Thorpe P.E. - Principle Proiect Manaqer, Eddie Martin - TECM Field Proiect Manager, Scott Gordon - Project Manager IMPLEMENTATION STEPS (Verify each before proceeding with change using Y, N or N/A) x Proposed change is consistent with the scope of the existing agreement x Proposed change is in fact an addition or deletion to the existing scope x Change is being implemented in a manner consistent with the existing agreement x The appropriate parties have been consulted regarding the change x Proposed prices, fees and costs set forth in the change are reasonable PROJECT MANAGER, RECOMMENDATION: APPROVE: d~dd~ ,/'~- a,a~...' Date: DISAPPROVE: Date: COMMENTS: Revised 8/22/03 FEB 2 q 200q pg. ~5 EXHIBIT E CHANGE ORDER CHANGE ORDER NO.' 9 CONTRACT NO.: 02-3364 TO: Steve Waqoner, Vice President Bonness, Inc 1990 Seward Ave. P.O. Box 9140 Naples, FI. 34101 DATE: 01/30/04 PROJECT NAME: Livingston Road Phase 4 PROJECT NO.: 65041 Under our AGREEMENT dated: January 30, 2004 You hereby are authorized and directed to make the following change(s) in accordance with terms and conditions of the Agreement: (See Attached sheet) For the (Additive) (Deductive) Sum of: Original Agreement Amount Sum of Previous Changes This Change Order (A~¢) (Deduct) Present Agreement Amount $ (253,938.35) $ 6,008,521.88 $ 275,297.73 $ (253,938.35) $ 6,029,881.26 resolution procedurT) _ E;ONTRAC~OR PRinCIPAL PROJECT MANAGER By: The time for completion shall be (increased/~m~=~ase~) by 42 calendar days due to this Change Order. Accordingly, the Contract Time is now 542 ( 542 ) calendar days. The substantial completion date is October 13, 2003 and the final completion date is December 24, 2003. Your acceptance of this Change Order shall constitute a modification to our Agreement and will be performed subject to all the same terms and conditions as contained in our Agreement indicated above, as fully as if the same were repeated in this acceptance. The adjustment, if any, to the Agreement shall constitute a full and final settlement of any and all claims of the Contractor arising out of or related to the change set forth herein, including claims for impact and delay costs. In the event of dispute, contractodconsultant shall follow the County's dispute T.E.C.M. DIRECTOR ....,... ; ~ :; ~,~ PURCHASING DIRECTOR By: PUED PROJECT MANAGER Updated: l 1-8-02 By: TRANSPORTATION ADMINISTRATOR By: BOARD OF COUNTY COMMISS~ OF COLLIER COUNTY, FLORID Change Order #9 Description of Change The following items are decreased due to the final measured quantities. o o 10. Commercial Mat'l for Driveway Maintenance Item # 102-3 Decrease Quantity 300 C.Y, ~ $7.36 = $2,208.00 Off Duty Law Enforcement Item # 102-10 Decrease Quantity 82 M.H. ~ $35.40 = $2,902.80 Reflective Pavement Markers (Temp.) Item # 102-78 Decrease Quantity 19 E.A. ~ $3.20 = $60.80 Variable Message Sign (Temp.) Item # 102-99 Decrease Quantity 88 E.D. @ $21.34 = $1,877.92 Hay Bales Item# 104-10-1 Decrease Quantity 1400 E.A. @ 4.27 = $5,978.00 Turbidity Barrier Floating Item # 104- I 1A Decrease Quantity 70L.F. ~ $4.27 = $298.90 Staked Silt Fence Item # 104-13-1 Decrease Quantity 6346 L.F. ~ $0.76 = $4,822.96 Rock Bags Item # 104-16 Decrease Quantity 230 E.A. ~ $5.65 = $1,299.50 Relocate Turbidity Barrier Item # 104-75A Decrease Quantity 200 L.F. @ $2.65: $530.00 Subsoil Excavation Item # 120-4 Decrease Quantity 5000.00 C.Y. ~ $2.59 = $12,950.00 I ofll ($2,208.00) ($2,902.80) ($60.80) ($1,877.92) ($5,978.00) ($298.90) ($4,822.96) ($1,299.50) ($530.00) ($12,950.00) (32929'88) FIB 2 ~ 200~ 11. Optional Base Group (02) Item # 285-702 Decrease Quantity 41 S.Y. @ $6.53 = $267.73 12. Tack Coat Item # 300-1-3 Decrease Quantity 1195 Gal ~ $1.39 = $1,661.05 13. Milling Existing Asphalt Item # 327-70-1 Decrease Quantity 376 S.Y. ~ $0.74 = $278.24 4. Type S Asphalt (I") Item # 331-72-10 Decrease Quantity 1310 S.Y. ~ $2.30 = $3,013.00 5. Type S Asphalt (2.5") Item # 331-72-24 Decrease Qu,5.ntity 3951 S.Y. ~ $5.74 -- $ $22,678.74 6. Sand Asphalt Hot Mix Item # 335-2-7 Decrease Quantity 85 TN ~ $54.96 = $4,671.60 17. Misc. Asphalt Pavement Item # 339-I Decrease Quantity 6.70 TN ~ $87.96 -- $589.33 18. Class I Concrete (End walls) Item # 400~ 1-2 Decrease Quantity 4.53 C.Y. @ $1,429.73 = $6,476.68 19. Curb Inlets Type P-6 Item # 425-1-361 Decrease Quantity 1 EA. ~ $3,233.91 = $3,233.91 20. Adjust Valve Box Item # 425-6 Decrease Quantity 3 EA. ~ $234.76 = $704.28 21. Modify Existing Drainage Structures Item # 425-11 Decrease Quantity 2 EA. ~ $1,995.52 = $3991.04 22. Desilting Pipe (CD) (19" x 30") Item # 430-942-03 Decrease Quantity 761 L.F. ~ $7.04 = $5,357.44 2 ofll ($267.73) ($1,661.05) ($278.24) ($3,013.00) ($22,678.74) ($4,671.60) ($589.33) ($6,476.68) ($3,233.91) ($704.28) ($3991.04) ($5,357.44) (5292: 04bio.. ~.D~ ITEM . . FIB 2 200q 23. 24. 25. 26. 27. 28. 29. 30. 31. 32. 33. 34. Desilting Pipe (CD) (24" x 38") Item # 430-942-04 Decrease Quantity 1080.0 L.F. @ $10.03 = $10,832.40 Concrete Sidewalk (4" Thick) Item # 522-1 Decrease Quantity 168 S.Y. ~ $12.54 = $2,106.72 Concrete Sidewalk (6" Thick) Item # 522-2 Decrease Quantity 134 S.Y. ~ $21.13 = $2,831.42 Rip-Rap Fabric Formed Item # 547-70-1 Decrease Quantity 32 S.Y. ~ $48.02 = $1,536.64 Directional Bore (Less than 6") Item # 555-1-1 Decrease Quantity 198 L.F. @ $13.81 -- $2,734.38 Directional Bore (6" to 12") Item # 555-1-2 Decrease Quantity 190 L.F. ~ $19.73 = $3,748.70 Seeding & Mulching Item # 570-2 Decrease Quantity 43,869 S.Y. @ $0.16 = $7,019.04 Grass Seed Item # 570-3 Decrease Quantity 224 LB. ~ $5.34-- $1,196.16 Mulch Material Item # 570-4 Decrease Quantity 45 TN ~ $1.07 = $48.15 Fertilizer Item # 570-5 Decrease Quantity 11.02 TN @ $320.14 = $3,527.94 Water for Grass Item # 570-9 Decrease Quantity 846 MG ~ $0.01 = $8.46 Sodding Item # 575-1 Decrease Quantity 8353 S.Y. ~ $1.23 = $10,274.19 3 ofll ($10,832.40) ($2,106.72) ($2,831.42) ($1,536.64) ($2,734.38) ($3,748.70) ($7,019.04) ($1,196.16) ($48.15) ($3,527.94) ($8.46) ($10,274.1 (458, ~.2 } FEB 2 It 2004. 35. Pipe Irrigation Sleeve (PVC) (2") Item # 1090-137-05 Decrease Quantity 386 L.F. ~ $3.41 = $1,316.26 36. Pipe Irrigation Sleeve (PVC) (6") Item # 1090-137-08 Decrease Quantity 1190 L.F. ~ $6.40 = $7,616.00 37. Utility Locates (Underground) Item # 737-70-2 Decrease Quantity 9 EA ~ $264.11 = $2,376.99 38. Fire Hydrant (Relocate) Item # WM-4 Decrease Quantity 1 E.A. @ $968.42 = $968.42 39. 16" Gate Valve Item # WM-6 Decrease Quantity 1 E.A. ~ $5,270.49 = $5,270.49 40. Pipe (PVC) 20" Class 235 Item # WM-7 Decrease Quantity 12 L.F. @ $57.20 = $686.40 41. Pipe (PVC) 16" Class 235 Item # WM-8 Decrease Quantity 33 L.F. ~ $37.24 = $1,228.92 42.6" Ductile Iron Pipe Item # WM-9 Decrease Quantity 51 L.F. ~ $13.77 = $702.27 43.36" Steel Casing Item # WM- 10 Decrease Quantity 22 L.F. ~ $158.68 = $3,490.96 44. Valve Nut Extension Item # 425-6-A Decrease Quantity 4 EA @ $278.30- $1,113.20 45. 46. Contingency Fund Item # CC1001 Decrease Quantity 80.0345% LS ~ $50,000.00 -- $40,017.25 Pipe (PVC) 20" Class 235 Item # FM-3 Decrease Quantity 21 L.F. ~ $55.92 = $1,174.32) 4 ofll ($1,316.26) ($7,616.00) ($2,376.99) ($968.42) ($5,270.49) ($686.40) ($1,228.92) ($702.27) ($3,490.96) ($1,113.20) ($40,017.25) ($1,174.32) !r < FEB 2 200q 47. 48. 49. 50. 51 52. 53. 54. 55. 56. 57. 58. Force Main Tie-in Item # FM-8 Decrease Quantity 1 LS ~ $624.25 = $624.25 Pipe (PVC) 24" Class 235 Item # RWM-4 Decrease Quantity 10 L.F. ~ $95.08 = $950.80 Pipe (PVC) 10" Class 200 Item # RWM-5 Decrease Quantity 2.0 L.F. ~ $21.34 = $42.68 36" Steel Casing Item # RWM-6 Decrease Quantity 21 L.F. ~ $152.92 = $3,211.32 . Valve Nut Extension Item # 425-6A Decrease Quantity 3 EA ~ $278.30 = $834.90 Sign, Single Post (12 Sq. Ft.) Item # 700-40-1 Decrease Quantity 4 EA ~ $149.40 = $597.60 Object Marker Type I (Yellow) Item # 705-10-11 Decrease Quantity 3 EA ~ $69.36 = $208.08 Object Marker (Red) Item # 705-10-14 Decrease Quantity 8 EA ~69.36 = $554.88 Solid Traffic Stripe (8") Item # 710-23-081 Decrease Quantity 921 L.F. ~ $0.21 = $193.41 Solid Traffic Stripe (18") (White) Item # 710-23-181 Decrease Quantity 536 L.F. ~ $0.83 = $444.88 Solid Traffic Stripe (18") (Yellow) Item # 710-26-181 Decrease Quantity 686 L.F. ~ $0.53 = $363.58 Reflective Paint (Island Nose) (White) Item # 710-29 Decrease Quantity 1 S.Y. ~ $16.02: $16.02 5ofll ($624.25) ($950.80) ($42.68) ($3,211.32) ($834.90) ($597.6O) ($208.08) ($554.88) ($193.41) ($444.88) ($363.58) ($16.02) (80~ A N ITEI~ FEB 2 208q 59. Pavement Messages (Thermoplastic) Item # 711-3 Decrease Quantity 124 EA ~ $58.69: $7,277.56 60. Directional Arrows (Thermoplastic) Item # 711-4 Decrease Quantity 56 EA ~ $42.68 -- $2,390.08 61. Guide Lines (Thermoplastic) (White) Item # 711-5-1 Decrease Quantity 913 L.F. ~ $0.48 = $438.24 62. Guide Lines (Thermoplastic) (Yellow) Item # 711-5-2 Decrease Quantity 1620 L.F. ~ $0.48: $777.60 63. Skip Traffic Stripe (Thermoplastic) (White) Item # 711-33 Decrease Quantity 229 L.F. ~ $0.37 = $84.73 64. Solid Traffic Stripe 24" (Thermoplastic) (White) Item # 711-35-241 Decrease Quantity 38 L.F. ~ $2.24 = $85.12 65. Solid Traffic Stripe 18" (Thermoplastic) (Yellow) Item # 711-36-181 Decrease Quantity 597 L.F. ~ $1.71 = $1,020.87 66. Solid Traffic Stripe 6" (Thermoplastic) (White) Item # 711-37-61 Decrease Quantity 0.049 NM ~ $1,536.65 = $75.30 67. Solid Traffic Stripe 6" (Thermoplastic) (Yellow) Item # 711-38-61 Decrease Quantity 0.001 NM ~ $1,707.39 = $1.71 68. Directional Bore Item # 555-1-1 Decrease Quantity 1070 L.F. ~ $11.19 = $11,973.30 69. Conduit (Underground) Item # 630-1 - 12A Decrease Quantity 498 L.F. @ $2.84 = $1,414.32 70. Conduit (Under pavement) Item # 630-1-13 Decrease Quantity 197 L.F. ~ $14.76- $2,907.72 6ofll ($7,277.56) ($2,39O.08) ($438.24) ($777.60) ($84.73) ($85.12) ($1,020.87) ($75.30) ($1.71) ($11,973.30) ($1,414.32) 71. Conduit (Bridge Mounted) Item #630-1-15A Decrease Quantity 39 L.F. ~ $16.01 = $624.39 ($624.39) 72. Conduit (Furnish) Item # 630-1-22 Decrease Quantity 1070 L.F. ~ $1.71 = $1,829.70 (1,829.70) 73. Conduit (Furnish) Item # 630-1-22A Decrease Quantity 42 L.F. @ $1.71 = $71.82 ($71.82) 74. Fiber Optic Cable Item # 633-121 - 1 Decrease Quantity 2070 L.F. ~ $3.70 = $7,659.00 ($7,659.00) 75. Pull Box Item # 635-1-11 Decrease Quantity 5 EA @ $253.97 -- $1,269.85 ($1,269.85) 76. Pull Box (Fiber Optic) Item # 635-1-15 Decrease Quantity 1 EA @ $839.82 = $839.82 ($839.82) 77. Lighting Pole Complete Item # 715-550-000 Decrease Quantity 2 AS ~ $236.91 = $473.82 ($473.82) 78. Conductor (Insulated # 10 awg) Item # 715-1-111 Decrease Quantity 1005 L.F. ~ $0.51 -- $512.55 ($512.55) 79. Conductor (Insulated #4 awg) Item # 715-1-114 Decrease Quantity 3256 L.F. ~ $0.89 = $2,897.84 ($2,897.84) 80. Conduit (Underground) (1 ¼") Item # 715-2-113 Decrease Quantity 185 L.F. ~ $3.62 = $669.70 ($669.7O) 81. Conduit (Under pavement) Item # 715-2-233 Decrease Quantity 119 L..F. ~ $11.55 = $1,374.45 ($1,374.45) 82. Pull Box Item # 715-14-12 Decrease Quantity 69 EA ~ $243.30 = $16,787.70 7ofll ($16,787.i (35(I FEB 2 200q 83. Class II Concrete (Retaining Walls) Item # 400-2-11 Decrease Quantity 7.4 C.Y. ~ $800.34 -- $5,922.52 84. Traffic Railing Barrier (Pedestrian) Item # 400-148-1 Decrease Quantity 17.24 L.F. ~ $62.37 = $1,075.26 85. Aluminum Railing Item # 460-70-1 Decrease Quantity 17.24 L.F. ~ $26.14 = $450.65 86. Rip-Rap (Graded Stone) Item # 530-73-21 Decrease Quantity 856 TN ~ $39.86= $34,120.16 87. Sewer Contingency Fund Item # CC1002 Decrease Quantity 1 LS 6518,024.84 = $18,024.84 ($5,922.52) ($1,075.26) ($450.65) ($34,120.16) - ($18,024.84) (59593.43) Total of Decreased Items = ($328,770.62) The following items are increased due to the final measured quantities. 88. Pavement Removal of Existing Concrete Item # 110-4 Increase Quantity 90 S.Y. ~ $0.69: $796.50 89. Type "B" Stabilization Item # 160-4 Increase Quantity 8405 S.Y. ~ $0.69 = $5,799.45 90. Optional Base Group (02) Item # 285-702A Increase Quantity 75 S.Y. ~ $6.53 = $489.75 91. Optional Base Group (09) Item # 285-709 Increase Quantity 1023 S.Y. ~ $5.83 = $5,964.09 92. Type'S' Asphalt Item # 331-2 Increase Quantity 3 TN @ $50.26 = $150.78 8ofll $796.50 $5,799.45 $489.75 $5,964.09 $150.78 A N I'I~M 13200.57 FEB 2 200q pg. it"~ 93. 94. 95. 94. 95. 96. 97. 98. 99. 100. 101. 102. Ductile Iron Fittings Item # WM-2 Increase Quantity 2448 LB ~ $4.16 = $10,183.68 Ductile Iron Fittings Item # FM-2 Increase Quantity 3926 LB ~ $4.59 = $18,020.34 Ductile Iron Fittings Item # RWM-2 Increase Quantity 1576 LB ~ $3.41 = $5,374.16 Directional Arrows Item # 710-6 Increase Quantity 136 EA ~ $16.01 = $2,177.36 Grounding Electrode Item # 620-1-1 Increase Quantity 10 L.F. ~ $4.70 = $47.00 Conductor (Insulated #8 awg) Item # 715-1-112 Increase Quantity 408 L.F. ~ $0.57 = $232.56 Conductor (Insulated #8 awg) Item # 715-1 - 113 Increase Quantity 1640 L.F. ~ $0.70 = $1,148.00 Directional Bore Item # 555-1-1A Increase Quantity 108 L.F. ~ $11.19 = $1,208.52 Grounding Electrode Item # 620-1-1 Increase Quantity 60 L.F. ~ $5.07: $304.20 Conduit Underground Item # 630-1-12 Increase Quantity 311 L.F. ~ $3.75 = $1,166.25 Electric Service Wire Item # 639-2-1 Increase Quantity 42 L.F. ~ $1.07 = $44.94 Aluminum Pedestals Item # 659-107 Increase Quantity 2 EA ~ $664.83 = $1,329.66 9ofll $10,183.68 $18,020.34 $5,374.16 $2,177.36 $47.00 $232.56 $1,148.00 $1,208.52 $304.20 $1,166.25 $44.94 $1,329.66 4121 AGENDA ITEM FEB 2 200 103. 104. 105. 106. 107. 108. 109. I10. 111. 112. 113. Retro-Reflective Pavement Marker (R&I) (Class B) Item # 706-3 Increase Quantity 29 EA ~$3.63 = $105.27 Skip Traffic Stripe (White) (10'- 30') Item # 710-21 Increase Quantity 1.169 GM ~ $181.50 = $212.17 Solid Traffic Stripe (6") (White) Item # 710-23-61 Increase Quantity 0.988 NM ~ $341.48 = $337.38 Solid Traffic Stripe (12") (White) Item # 710-23-121 Increase Quantity 250 L.F. ~ $0.59 = $147.50 Solid Traffic Stripe (6") (Yellow) Item # 710-24-61 Increase Quantity 5.862 NM @ $341.48 = $2,001.76 Solid Traffic Stripe (24") (White) Item # 710-25-241 Increase Quantity 219 L.F. ~ $1.07 =$234.33 Skip Traffic Stripe Item # 710-27 Increase Quantity 1114 L.F. ~ $0.06 = $66.84 Island Nose Paint (Yellow) Item # 710-30 Increase Quantity 14 S.Y. @ $16.01 = $224.14 Skip Traffic Stripe (Thermoplastic) (White) Item # 711-31 Increase Quantity 0.137 GM ~ $533.58 = $73.10 Solid Traffic Stripe (Thermoplastic) (White) (8") Item # 711-35-81 Increase Quantity 171 L.F. ~ $0.64: $109.44 Solid Traffic Stripe (Thermoplastic) (White) (12") Item # 711-35-121 Increase Quantity 252 L.F. ~ $1.07 = $267.50 10ofll $105.27 $212.17 $337.38 $147.50 $2,001.76 $234.33 $66.84 $224.14 $73.10 $109.44 $269.64 3781.57 114. 115. Solid Traffic Stripe (Thermoplastic) (White) (18") Item # 711-35-181 Increase Quantity 232 L.F. ~ $1.71 = $396.72 Pull Box (Fiber Optic) Item # 635-1 - 15A Increase Quantity 1 EA ~ $649.95 = $649.95 $396.72 $649.95 1046.67 Total of Increase Items = $59,265.48 The following items are added to the contract to complete the project. 116. 117. 118. Force Main Tie-In Item # FM-8A Add Item 1 LS ~ $8,244.50 = $8,244.50 Modify Intersection Item # 700-82 Add Item 1 ES ~ $1,619.89= $1,619.89 Pavement Messages (Painted) Item # 710-7 Add Item 144 EA ~ $39.60 = $5,702.40 $8,244.50 $1,619.89 $5,702.40 Total of Added Items = $15,566.79 Grand Total of Pay Item Adjustments = ($253,938.35) 11 ofll FEB-04-2004 0~:08 FRO~-BONN~$~ IN¢ ~415~8781 7-059 POOI/OO] F-$§8 DATED,1 0!/06/04 REVISED 2/3/04 1990 Se~;,ard Avert ue P,O, B~}x 9t4o, Naples. FL (539t597-6_O.Ol · Fax(93~)~97-7416 COLLIt!R COUNTY TRANSPORTATIOhl C/O HDR CONSTRUCTION CONTROL 2821O 3LD 41 BONIT ~ SPRINGS, FL 34135 PHON~: 49B-0679 FAX ~ 498-0824 AlfentJon: $CO,q' GORDON BONNESS INC. CHANGE ORDER REQUEST LIVINGSTON ROAD. PHASE IV JOB ~02126 I DE$C:R~pTION.../Item # QTY UNIT UNIT PRICE EXTENSION Point messages on roadway for bike traffic (not thermal) 144 EA 39,60 5184_00 10% Markup TOTAL iAMOUNT OF THIS CHANGE ORDER: $518.40 $;~,702.40 Upon cJuthorlZed signature, this Change oraer becomes pad of the original contract, All 'work to De performed under j t~e same terms and condilio~ a'~ specified in the original contract unless other stipulated. A--"~o'~iZed Signc~ture Bonness Inc. 02126 q~.O Reques; tot' painting bike messages O1-06-04 RE. VI'gED 2-3-04 t,4.a.~..'~ ITEI~ FEB 2 288 DATED 09/03/03 REVISED 11/11/03 1990 Seward Avenue P.O. Box 9140, Naples, FL 34101 (239) 597-6221 ® Fax (239) 597-7416 COLLIER COUNTY TRANSPORTATION C/O HDR CONSTRUCTION CONTROL 28210 OLD 41 BONITA SPRINGS, FL 34135 PHONE: 498-0679 FAX: 498-0824 Attention: SCOTT GORDON BONNESS INC. CHANGE ORDER REQUEST LIVINGSTON ROAD, PHASE IV JOB #02126 DESCRIPTION QTY UNIT UNIT PRICE EXTENSION Request for night time work and services for the tie ins: Lite towers (per unit/per day) 2 EA 165.00 Pumper trucks (force main, per truck, 3 trucks) 16.5 HR 363.00 Premium time (nite) 2 crews @ 87.50 per hr per crew 20 HR 96.25 Holding the utility pole Markup (10%) TOTAL AMOUNT OF THIS CHANGE ORDER: 300.00 5445.00 1750.00 NC 749.50 $8,244.50 Upon authorized signature, this change order becomes part of the original contract. All work to be performed und~ the same terms and conditions as specified in the original contracfi--orfl?ss other stipulated. '-'" Bonness Inc~. ~ '- Authorized Signature FEB 2 200 02126 CO Request for night time work and services for the tie ins revised 11-12-03 JOb DATE REQUEST FOR CHANGE ORDER CROSS COUNTRY PIPE & RAIL INC. 5650 YAHL STREET NAPLES, FI. 34109 PHONE 941 594 5000 FAX 941 594 1516 LIVINGSTON RD. C.C.U.G. JOB # 131 NOVEMBER 10, 2003 ITEM# DESCRIPTION UNITS UNIT PRICE PER THE APPROVED CHANGE ORDER REQUEST FOR THE NIGHT TIME & SERVICES @ THE TIE-INS, WE SUBMIT THE QUANTITIES THAT WERE USED: TOTAL LITE TOWERS PUMPER TRUCKS (3 TOTAL) PREMIUM TIME (NITE) (2 CREWS @ 87.5 = 175/HR) (START 8:30 P.M. TO 6:30) 2 EA 16.5 HRS 10 HRS 150.00 330.00 175.00 300.00 5,445.00 1,750.00 TOTAL= 7,495.00 NOTES: SAME AS IN CONTRACT ACCEPTED BY DATE: SIGNATURE HANK J. DOBALO DATE DATED 09/03/03 COLLIER COUNTY TRANSPORTATION C/O HDR CONSTRUCTION CONTROL 28210 OLD 41 BONITA SPRINGS, FL 34135 PHONE: 498-0679 FAX: 498-0824 Attention: SCOT[ GORDON BONNESS INC. CHANGE ORDER REQUEST LIVINGSTON ROAD, PHASE IV JOB #02126 DESCRIPTION QTY UNIT UNIT PRICE EXTENSION Request for night time work and services for the tie ins: Lite towers (per unit/per day) 1 EA Pumper trucks (force main, per truck) 1 HR Premium time (nite) 1 HR Holding the utility pole Markup (10%) TOTAL AMOUNT OF THIS CHANGE ORDER: 165.00 363.00 96.25 150.00 330.00 87.50 NC 56.75 $624.25 Upon authorized signature, this change order becomes part of the original conlract. All work to Joe performed und~ the same terms and conditions as specified in the original contract unless other stipulated. Authorized Signature 02126 CO Request for night time work and services for the tie ins 09-03-03 Bonness Inc. ~ ...... AGENDa, iTEM t FEB 2 ~ 200~ 0T:55 FRCM-BONN.r'$ ~ P.~. ~ox 9t40 m n~!t~bon~ss~nc.com ~': 941'597-7416 g415@TS?O1 ?-~70 P.001/~05 F-8~I ~: 495-0~24 December l?., 2003 LivingSton Change Order Request '1 I $ 7~ ~od moraing, pleeee eefer te the e, ta,.h-c,~ feom Mid¢ontin~nt. ary ~ .... ~.GENDA ITEM FbU-UZ-ZOg4 I~:U~ FROM-~ONNESS I~C 9415978701 T-OZ9 P.OOl/O02 F-529 DATE[p 12110103 RI I COLLIER COUNTY TRANSPORTATION C/O ~DR CC)NSTRUCT1ON CONTROL 2821q OLD 41 BONI'(A SPRINGS, FL 34135 PHONE: 498-0679 FAX: 498-0824 Atten tion: SCOTT GORDON J DESC'~tlPTIQN / Item # BONNESS INC. CHANGE ORDER REQUEST LIVINGSTON ROAD, PHASE IV JOB #02126 CITY UNIT UNIT PRICE EXTENSION Addi [onal overhead work as requested by Collier County, work includes the instollotion of three d;rectionoi signs {and modificatior, of $8 l'rclffJo Signals 1 L5 1619.89 1472.63 Mork~. p 10% $147.26 TOTALiAMOUNT OF THIS CHANGE ORDER: $1,619,89 UpOn ~uthorized cJgnalure, ti-ds ch~noe order ~ecomes p~rt ~f me orJginal comract. ^Il work to ~e ~,erformed under ~qe terrns and conditions as specified in the original contract uniess other sti~uloted. Auth¢ izect Signature 03126 / I~onness lnc, ~-' CO Rcqucst t'or addirianzl overhead si~n~, modll'tca~ions to ti"ail'lc signals a:-,d barrier 'w;d! ¢onduil AGENDA ITEM FEB 2 200 . Deeemb~ 9, 2003 Stcv¢ Wagonm- Bonacss, Inc. 1990 Seward Avenue Naples, Florida 34110 239-597-6221 Fax 239~$97-7416 4586 PROGRE$,$ AVENIJ~ j I NAPI,JE~, I'~LDRIDA 84104 Additional Overhead Work, CC Projec~ 65041 Steve, Please find enclosed Lump Sum phce for additional ovcrhcad work rcqutsted by Collier County, work include thc Lustallation ofttu-ee direcuio~nal ~iEns and modi~e~tioa of SB Traffic Signals, cost breakout has been included for your use. Install Overhead Signs & Modify 5B Traffic Signals: $1,672.63 L$ forward pricing to t{DR/Collier Coun~ for their review and approval, Sincerely, Vlce-Pr~sident ON~ (941) FAX (941 I~^~i! a01 AGENEIA IIEM iqo._[ L.~rb FFB 2 q 2OOq 07;56 FROM-B.~NN[ SS ll~ 94t 597~70i T-670 F. 004/005 F-931 ~u~ml~e~ ~: Ml~,Oon~t EIOC~C, In~45~ Pmme~ Avenue, NaPIe~-FL. ~'1~ $~.~ ~5.~. o,o~. $0.00 $9,90 $24,40 8.00 :$195,24 $14.86 ~.6.61 O,OD S~.83 $t6.~ BOO $1~.26 $35,25 O.O0 $0.00 SB.20 E_ ~quiPms~_t .Ch .a'r.cle~ o.oo ~o.oo o.~o so.oo so. oo o.oo So.oo so.oc 0.00 $0.00 ~0.00 ~om Total [tncluOes S~es 7ax & Pretght~. _---~ Ma~nal Bucket T~cK ~.0O 8.00 ~380,00 'trencher, Track. Trailer $18.60 O.OO ~O.O0 Boom T'~ I Lift $23.B0 0. DO Skid Smer i Trailer $!5.87 0.00 $0.00 ~r C~p~or 312.50 0.00 $0.00 L~Doy~emi $~T.~3 0,00 $0.00 Equipment Co~ To~: S'~28.00 ':':: .... O,OO $0.00 $0,00 - - 0.00 $0.o0 S0.00 ~bor Ma~ai &Supplies Cost $238,50 100% S23.85 $262.35 Su~,n~ C~t $0.00 10,0~ $0.00 S0,00 LIaR Price Overhead Wo~k ~ L8 [{,472.63 Add~onal Work I Cham~e-O~er Price ~pre~d.~hee~ ProJ~ No,: 53S~ Coun~; Collier P~o~e~ P~p~ed ~ld ~m: ~a_~er ~1[ ~nduit Guan~Ay: ~.00 LF ~ gn~, Te~nlman(O~ $27 D0 $18 ~ ~5'~ 0.08 $2.27[ 0.00 Ina~r $14,50 $9.90 S24.40 0,08 Ins~[ter~OT} $21.75 $148~ $3~.6t 0.00 Unskll~d Labor $10.00 $~.83 $!8,83 C.08 $1.26 Unskilled Labor(O~ S15.~ $~0.25 $28.25 0.00 T~ Driver $1~.00 $8.20 ~0.20 ~.~ 0.00 $0,00 ~.OO $0. O0 $o, OO O.O{) ~O.aO so.g0 ~ ............ Ma$fial C~~lnc~es ~s Tax & ~reJnht~ ~-~~ PiCk-Up l ~Jc~ w~th T~Is ~1.0~ ~ c.~ $1.58 8ur, kmt Truck ff~d.S.O0 0.00 Bc~m T,~ck / IJfl $~38~ 0,00 $0.00 Air Compro~:,. $12.60 O.OD $0.00 L~wboy~em~ $~7.93 O,O0 $0.00 ~ack Hoe $i5,87 O,O0 SO.DO 5ub~ont. mct cost; AGENDA ITEM FEB 2 2004 Pg. '.~ EXECUTIVE SUMMARY AWARD A CONSTRUCTION CONTRACT IN THE AMOUNT OF $96,000.00 TO STEMIC ENTERPRISES INC. AND ALLOCATE $9,600.00 (10% OF THE CONSTRUCTION COST) FOR CONTINGENCY PURPOSES TO DREDGE NATURES POINTE ALONG THE GOLDEN GATE MAIN CANAL, PROJECT NUMBER 51601, BID NO. 03-3530. OBJECTIVE: To receive Board approval to award a contract to proceed with the dredging work for Natures Pointe for $96,000 as per plans to the lowest bidder, Stemic Enterprises Inc., and allocate $9,600 (10% of the construction contract) for contingency purposes. CONSIDERATIONS: The Bid was publicly advertised on September 8, 2003. Notices were sent to forty-two (42) firms with thirteen (13) firms requesting full packages. Five (5) responses were received by the due date of November 19, 2003. Responses were received from the following, firms: Naples Dock, Stemic Enterprises Inc., Energy Resources, Southern Sun, and Quality Enterprises. The proposed dredge work is in an area in the Golden Gate Main canal where a bend has caused scouting on one side and leaves deposits on the other. The excess deposit has impacted boat travel and access to docks. Staffhas reviewed the bids received and recommends award to Stemic Enterprises as the lowest, qualified and responsive bidder. The 10% contingency funds will allow staff to proceed with unforeseen conditions, scope additions and modifications or any other unanticipated necessary tasks in a timely and efficient manner. ,.~FISCAL IMPACT: Funds are available within the Stormwater Management CIP Fund (301). The Current budget for Project number 51601 is $86,000. Awarding the contract to Stemic Enterprises Inc., in the mount of $96,000 and a contingency fund of $9,600 will require a budget amendment in the amount of $19,600. Funds will be transferred from Project Number 51805 Tideflex Check valves. A budget amendment in the amount of $19,600 has been prepared for this executive summary. Source of funds is Ad Valorem taxes. GROWTH MANAGEMENT IMPACT: The dredging work is in accordance with the goals and objectives of the Drainage Sub-element of the Growth Management Plan for Collier County Stormwater Management. RECOMMENDATION: That the Board of County Commissioners: (1) Award contract 03-3530 to Stemic Enterprises Inc., for the Natures Pointe Dredging and (2) Approve necessary budget ' amendment. FEB 2 q 200q Peter S. Hayden, Project Manager Stormwater Management Section REVIEWED BY: Purchas~g Department APPROVED BY: ~ ~ Norn~ Fed~r, Administrator TrT~portation Division Stephen Y. Camell, Director Date: AGENDA FEB 2 ~! 200q pg. ,~ FEB 2 ~i 200~, Pg. ~ FEB 2. ~ '200~ pg. Z~ EXECUTIVE SUMMARy APPROVE THE ADDITION OF 2 POSITIONS TO THE STORMWATER MANAGEMENT DEPARTMENT TO BE FUNDED BY THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT/BIG CYPRESS BASIN IN THE AMOUNT ESTIMATED AT $169,000 TO ASSIST STAFF WITH THE PRIMARY AND SECONDARY CANAL SYSTEM. OBJECTIVE: Approve the addition of 2 positions to the Stormwater Management Department to be funded by The South Florida Water Management District/Big Cypress Basin in the amount estimated at $169,000 to assist staff with the primary and secondary canal system. CONSIDERATIONS: The South Florida Water Management District/Big Cypress Basin has requested that the County add two new staff members to their staff to assist the basin with the primary and secondary canal system as an enhancement to the current inter-local agreement between Collier County and South Florida Water Management District/Big Cypress Basin. The positions being requested are an Instrumentation/Electrical Technician and a Principal Project Manager. South Florida Management District/Big Cypress Basin will advance the funding for these positions to Collier County. Collier County will pay the salaries and benefits of the 2 staff members. The South Florida Water Management District/Big Cypress Basin will be responsible for providing offices, vehicles, computers, tools and all overhead costs associated with these 2 positions. Should the funding exceed the estimated amount of $169,000, South Florida Water Management District/Big Cypress Basin will be responsible for any amount above the $169,000. The County will only fund these positions as long as South Florida Water Management District/Big Cypress Basin provides an advancement of funds to cover salaries and benefits to the County. Should SFWMD/BCB not fill these position or they are cancelled, Collier County will provide for a reimbursement of any unused funds to SFWMD/BCB. ~ISCAL IMPACT: A budget amendment is needed recognize the revenue in the amount of $169,000 (\~ and appropriate in tl~e Stormwater Management Departments salary budget. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: That the Board of County Commissioners approve the request of 2 new positions with the Stormwater Department to be advanced funded by the South Florida Water Management District/Big Cypress Basin in the estimated amount of $169,000, and approve the necessary budget am~)/nl~nt' ~~ / / PREPARED BY: G~~, T~ ^per tions 2naat~st ~Q''[/°%~0~ REVIEWED BY: Date: - AGI~NDA ITEM {~Cl~r-afiJce Tears, Director Big Cypress Basin No.~ / I,~ LO-''1 AppROvED By. ~,d4..~-.__. Date: ~L/~z-]o¢ ,s,on[EB 2 ~ 200q 'N~q/n~ E[ Fgd~r, AICP, Administrator Transportation Services Di ' ' P0. [ BUDGET AMENDMENT REQUEST 001 For Use Only Budget/Finance BA# ............................... JE# ................................. BAR# .............................. A.P.H. Date ....................... General Fund Fund Number Fund Description 2/12/04 Approved by BCC on: 2/24/04 Attach Executive Summary Item No.: N/A Expense Budget Detail Fund Center Title: Stormwater Mgmt Admin Fd Ctr No.: 172970 WBS Element Title: WBS No.: ' ' ,roy{de botb.) (Provide the Fund Center or V,'155 element lnlormanom it ,b liut ~c~luH~.u tu 1,,, ............ / Fund i WBS {Commit [Commitment Item Increase [Current Revised Center I Element Item [Description (Decrease) :Budget Budget 172970 i 512100 ' Regular Salaries 128,297 396.300 524,597 172970 - 521100 Social Security Match 9,808 30,600 40,408 172970 - 522100 Retirement 9,923 29,000 '38,923 172970! 523150 [Health 20,418 , 65,700 , 86,118 Net Change to Budget Expense Budget Detail Fund Center Title: Stormwater Mgmt Admin W~S Element Title: (Provide the Fund Center or '¢..a3S element information: iT is not reqmred to provide both.) Center [Element [Commit [ Commitment Item Item i Description Fd Ctr No.' 172970 WBS No.: 72970 I I 523160 [ Life Increase Current Revised iDecrease) , Bud.oct Budget 554 ] 1,700 [2,254 Net Change to Budget 169,000 Expense Budget Detail Fund Center Title: Fd Ctr No.: WBS Element Title: WBS No.: (Provide the Fund Center or WBS element information: it is not required to provide both.) Fund WBS Commit Commitment Item I Increase 1Current Center Element Item Description (Decrease) Budget Net Change to Budget [Revised Budget FEB 2 i 200 Pg. Revenue Budget Detail Fund Center Title: Stormwater Mgmt Admin Fd Ctr No.: 172970 WBS Element Title: WBS No.: (Provide the Fund Center or WBS element information; it is not required to provide both.) Fund WBS Commit Commitment Item Increase Current Revised Center Element Item Description (Decrease) Budget Budget 172970 329450 Water Mgmt Revenue 169,000 0 169,000 Net Change to Budget 169,000 EXPLANATION Why are funds needed? Funds are needed to cover 2 new positions for the Stormwater Managem.ent Department to be funded by SFYVMD/BCB. Where are funds available? Funding is being provided by the SFWMD/BCB Cost Center Director: Division Administrator: Budget Department: Agent' Manager: Finance Department: Clerk of Board Admin.: Input by: B.A. No.: REViE~¥ PROCESS DATE A G ~-~1 I;),A _1_1_1_1_1_1_1_1_1_~ U FEB 2 zt 200 Pg. ~_~) EXECUTIVESUMMARY APPROVE A SECOND AMENDMENT TO LEASE AGREEMENT WITH CARLTON LAKES, L.L.C., TO EXTEND THE TERM OF THE EXISTING LEASE TWELVE ADDITIONAL MONTHS, AT A TOTAL REVENUE OF $8,820. OBJECTIVE: That the Board of County Commissioners approve and authorize its Chairman to execute the attached Second Amendment to Lease Agreement with Carlton Lakes, L.L.C. (Tenant) extending the existing Lease Agreement for twelve additional months. CONSIDERATIONS: Since January 2000, the County has leased approximately 14,000 square feet of County-owned land located at the northeast comer of the intersection of Immokalee and Livingston Roads to the Tenant for placement of a mobile sales center. With the Tenant's ongoing development, this necessitates their request to extend the Lease beyond the January 1, 2004 expiration date to December 30, 2004. The $8,820 rental for the extension period will be paid'in advance and represents a five-percent increase over 2003's rental amount. With construction of Livingston Road underway, the Amendment provides the County the right to require Tenant to alter its sales center entrance or to terminate the Lease at anytime should a conflict exist. Tenant was late in returning the signed Amendment causing the delay in presenting this request to the Board prior to expiration of the existing lease. The County Attorney's Office has reviewed and approved the attached Second Amendment. FISCAL IMPACT: The $8,820 in revenue will be deposited into the County Water/Sewer Operating Fund (408). GROWTH MANAGEMENT IMPACT: There in no impact to the Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners approve the Second Amendment to Lease Agreement with Carlton Lakes, L.L.C., and authorize Chairman Fiala to execute the Second Amendment on behalf of the Board. Michael H. Dowling, Prop~tCY Mallagement Specialist Real Estate Services Facilities Management Department EXECUTIVE SUMMARY Second Amendment to Lease Agreement with Carlton Lakes Page 2 REVIEWED BY: Cha~-les l~. Carrington, Jr., 9=RfvVA, Manager Real Estate Services Facilities Management Department REVIEWED BY: SkipNZamp, CFM, Director Facilities Management Department DATE: J~aeph ~heatham, Director stewater Department ~i"~n~s W. DeLony, P.E., ~dministrator Q.c Utilities Adminis~ation DATE: DATE: Af.d~ NDA IT£1~ FEB 2 ~ 200~ Lease #863 SECOND AMENDMENT TO LEASE AGREEMENT t HIS FIRST AMENDMENT TO LEASE AGREEMENT entered into this day of .2005( at Naples, Collier County, Florida, by and between Collier County, a political subdivision of the State of Florida, whose mailing address is 3301 East Tamiami Trail, Naples, Florida 34112, hereinafter referred to as "LESSOR", and Carlton Laices, L.L.C., a Florida limited liability company, whose mailing address is 6025 Carlton Lakes Boulevard, Naples. Florida 34110, hereinafter referred to as "LESSEE". WITNESSETH WHEREAS, the LESSEE and LESSOR have previously entered into a Lease Agreement dated January 11, 2000 which was assigned by way of an Assignment of Lease dated March 15, 2002 and the First Amendment to Lease Agreement dated November 5, 2002, hereinafter collectively referred to as 'Lease Agreement;' WHEREAS, the I.ESSEE and LESSOR are desirou,: of amending lhe Lea':..'. Agreeme~t: and NOW THEREFORE, in consideration of the covenants and agreements provided herein and within the said Lease and Ten Dollars ($10.00) and other valuable consideration, the said Lease Agreement is hereby amended as follows: 1. The following provision shall be added to Article 2 of the Lease Agreement: This Lease is hereby extended until December 30, 2004, provided LESSEE is not in default of any of the terms of this Lease, hereinafter referred to as the "Extended Lease Term?' LESSEE and LESSOR reserve the right to terminate this Lease, with or without cause, upon thirty (30) days prior written notice of such termination to either party at the address set forth in ARTICLE 13 of this Lease. Said notice period shall become effective upon receipt of written notice by the party. 2. The annual rent for the Extended Lease Term shall be $8,820.00 and shall be paid in full by January I, 2004. -3. Except as expressly provided herein, this Lease Agreement between Collier County and Carlton Lakes, L.L.C. for lization of the Demised Premises described in said Lease Agreement remains in full force and effect according to the .~rms and conditions contained therein. IN WITNESS WHEREOF, the LESSEE and LESSOR have hereto executed this First Amendment to Lease Agreement the day and year first above written. AS TO THE LESSOR: DATED: ATTEST: DWIGHT E. BROCK, Clerk BY: Deputy Clerk AS TO THE LESSEE: DATED:/~- /6. Witness (Signature) ?tint Name) Ap pro red ~_~.,.form a nd/~al/u ffi cie nc y: ~'"I't~omas C. Pain'er, Assistant County Attorney BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA BY: DONNA FIALA,CHAIRNAN CARLTON LAKES, L.L.C. ~ce Pmsident~) Print Name AGEI~A ITEM FEB 2 z, 2004 EXECUTIVE SUMMARY RESCIND AWARD OF BID # 03-3533 TO CRANE EQUIPMENT & SERVICE, INC. AND AWARD TO FLORIDA HANDLING SYSTEMS, INC. IN THE AMOUNT OF $26,800 OBJECTIVE: That the Board of County Commissioners, Ex-Officio the Collier County Water/Sewer District, rescind the Award of Bid # 03-3533 that was to purchase and install a two ton bridge crane at Wastewater Collections in the pump shop to lift heavy pumps for the safety of staff. CONSIDERATIONS: The Board awarded Bid # 03-3533 on September 9, 2003, agenda item 16C9 to Crane Equipment & Service, Inc. who was one of three bidders, Fontaine Truck Equipment was the lowest bidder and was determined to be non responsive. The Wastewater Staff has been working with the next lowest bidder, Crane Equipment & Service, Inc. on the purchase and installation. Crane Equipment now claims that it is unable to install the crane in accordance with the specifications of the bid. Drawings from Crane Equipment & Service, Inc., show that in order for them to provide a free standing crane, footings will need to be installed. This will shorten the span from that requested in the specifications of 22'-0" to 21'-0", as well as shorten the length in the specification of 40'-0" to 36'-0". Shortening the span and length of the crane would require the shop to rearrange work stations, thus making work areas smaller which could create a higher risk to our mechanics and create an unsafe work area. Crane Equipment & Service, Inc. can build to these specification only if they can secure the crane to the existing building, making this crane non-free standing, which will make the transfer of this crane to a possible future site a larger task. Crane Equipment & Service, Inc. bid $26,055 for the purchase and installation of the crane. The remaining responsive bid was from Florida Handling Systems, Inc. for $26,800. Florida Handling Systems is able to install the crane in compliance with the bid specifications. Staff recommends that the Board rescind the award of Bid # 03-3533 to Crane Equipment & Service, Inc. and award the bid to Florida Handling Systems, Inc. The original bid invitation included a requirement that a service facility be located within a fifty (50) mile radius of the County Barn Road Fleet Facility since Florida Handling System's service location is located in Bartow, Florida. There were no bidders able to meet that requirement and accordingly, the Board waived it at the time of the original award. Staff is recommending that the same waiver be invoked again in re-awarding the contract to Florida Handling Systems, whose engineering department states that they can install steel plates in lieu of concrete footings to distribute the weight of the crane keeping to the bid specifications of 22' 0" span and the length of 40' 0". This will allow it to be a free standing crane. FISCAL IMPACT: Funds are currently budgeted in County Water/Sewer Operating Fund (408). GROWTH MANAGEMENT IMPACT: There is no 'growth management impact associated with this Executive Summary. RECOMMENDATION: That the Board of County Commissioners, as Ex-Officio of the Governing Board of the Collier County Water-Sewer District, rescind the award of Bid # 03-3533 to Crane Equipment & Service, Inc. and award the bid to Florida Handling Systems, Inc. ,o. /~, ~, ~; - FEB 2 q 200~ SUBMITTED BY: ~ ~ ~,~/~/' Date: Siev~e- ~qagy, ~stewater Collections Manager ~~D BY: ~ Date: ~am, Wastewater D?ecto Ste~ ~. Ca~ell, Purchas~~irector ~~ W. DeLony, P.E., Public ~tilities Administr~ EXECUTIVE SUMMARY APPROVE CHANGE ORDER NO. 1 TO TASK ORDER NO. 6 IN THE AMOUNT OF $747,040.50 WITH YOUNGQUIST BROTHERS, INC., FOR NORTH COUNTY WATER RECLAMATION FACILITY (NCWRF) DEEP INJECTION WELL CONSTRUCTION, CONTRACT 01-3193, PROJECT 73948. OBJECTIVE: To approve and authorize Change Order No. 1 to Task Order No.6 with the firm, Youngquist Brothers, Inc., to perform NCWRF Deep Injection Well Construction Services pursuant to Contract //01-3193. CONSIDERATIONS: On October 9th, 2001, as Agenda Item 16(C)(1), the Board approved and entered into an agreement with Water Resource Solutions, Inc. (WRS) for design and construction services for the North County Water Reclamation Facility (NCWRF) Deep Injection Well project. The wells provide a back-up method to dispose of excess reclaimed water at the NCWRF when it cannot be reused. Additional wet-weather disposal capacity is needed to keep pace with the on-going facility expansions to meet growth demands. On May 25, 2002 the Florida Department of Environmental Protection (FDEP) issued the construction permit to construct the NCWRF Deep Injection Wells System. On July 30, 2002, Task Order No. 6 with Youngquist Brothers, Inc. was approved by the Board of County Commissioners, as Agenda Item 10(J), for the construction of two deep injection wells and a deep zone monitoring well for the North County Water Reclamation Facility. The Task Order No. 6 contract amount was for $6,106,261.00. After the notice to proceed was issued on August 5, 2002, through subsequent discussions with the consultants and the Wastewater Department, it was determined that more space was required for construction and storage of materials. This was necessitated in preparation of other contractors working at the same site on FDEP Consent Order projects. It was necessary to fill the south end of Pond 2 to allow for this increased construction activity. In addition, increased construction vehicle activity for the injection wells and pump station required modifications to the new access road to the site south of the main gate off Goodlette-Frank Road. A turn lane to the new access road was required based on the Site Development Plan application and reviewed by the County's Department of Transportation. The new site access roadway will become a permanent maintenance access to the expanded NCWRF when all construction is complete. Staff and Water Resources Solution negotiated these changes with Youngquist and are consistent with good engineering judgment to utilize the on-site contractor to perform this work. The total cost of these site improvements is $205,557.00. The detailed analysis for the need to do this work can found in the attachments to Change Order No.1. In March 2003, unforeseen geological conditions were encountered when drilling Injection Well No. 1 (IW-1). Conditions of this type are not unusual in injection well projects. Regions with significant cavernous voids in the subsurface were encountered during the drilling of IW-1. NO. FEB 2 q 200 PG. / Executive Summary Approve Change Order 1 to Task Order 6 for NCWRF Deep Injection Well Construction, Contract 01-3193, Project 73948 Page 2 of 4 When these voids were initially identified, representatives from Water Resource Solutions, Inc., immediately advised the County of the construction issues and concerns about the potential for significant additional costs that could be incurred due to the presence of these voids. Water Resource Solutions ultimately provided the County with four different options : (1) Use gravel to fill voids and proceed as originally planned; (2) Relocate the casing setting depth to a point above the voids; (3) Provide an alternative well design that would allow the well to be completed at the target depth without the need to place gravel in the void regions: or (4) Abandon the well. The cost, timing, and regulatory issues were discussed for each option. Option (2) - setting the casing at a shallower depth was determined not to be feasible because of environmental and permitting concerns. Option (3) would reduce the permitted design operating capacity of the deep wells and cost an additional $750,000 per well, at minimum. Option (4) - relocating to a new well site, would delay construction by requiring a new design, starting a new cycle of permitting, and cost at least another $23 million based on a previous study completed in July 2001 as described in supporting documentation attached to Change Order No. 1. The first option of filling the subsurface voids with gravel had uncertainties in determining the actual volume where costs could range from $100,000 to over $1 million. However, the decision was made to proceed with this first option in steps by first determining the volume of gravel required to fill the pilot hole drilled. Youngquist Brothers, Inc. was authorized by the County to proceed in an attempt fill the cavernous voids with up to $200,000 of gravel. The voids in IW-1 were filled after only $172,796.50 of gravel was put in place. Option (1) preserved the original design and full permitted operating capacity of IW-I. Option (1) proved to be the least expensive and most effective way of addressing this unforeseen condition while saving the County significant dollars and delivering the original design capacity of IW-1. Learning from the experiences at IW-1 and prior to construction of the second deep injection well, IW-2, design modifications were made to be prepared for similar subsurface cavernous conditions. One of the design changes was to use an additional larger 42-inch diameter casing along with the original 34-inch diameter casing, in the event that voids were encountered which could not be filled with gravel. The FDEP approved the changes. When subsurface voids were encountered with IW-2, Youngquist Brothers, Inc. was authorized by the County to proceed to attempt to fill the voids with up to $100,000 of gravel. The voids were successfully filled after only $53,450 of gravel was put in place. This resulted in not requiring the use of the original 34-inch diameter casing which was returned with a restocking fee of $11,250. In addition, temperature logs had to be performed during cementing of the casing to meet FDEP regulatory requirements at a cost of $51,200. AGE~A IT£~ FEB 2 q 20Or, Executive Summary Approve Change Order 1 to Task Order 6 for NCWRF Deep Injection Well Construction, Contract 01-3193, Project 73948 Page 3 of 4 Youngquist's original target date to construct the deep injection well system was November 28, 2003. However, because of the cavernous voids encountered, more time and effort was required with the deep well construction. Youngquist Brothers, Inc. has rettuested 159 days time extension and $252,787 for additional labor, equipment, and utilities. The new contract completion date is May 6, 2004. Staff, Water Resource Solutions, Inc., and Youngquist Brothers, Inc., have negotiated the additional costs from the unforeseen conditions due to the voids, pond fill, and road access. A Change Order No. 1 claim of $747,040.50 with Youngquist Brothers, Inc. has been finalized incorporating all the changes and amounts described above. Supporting documentation with detailed analyses, cost breakdowns, and new schedule completion dates are attached to the enclosed Change Order No. 1. The proposed cost increase to Task Order No. 6 is summarized below: Task Order No. 6 - Original Contract Change Order No. 1 Cost for Turn Lane & Pond Fill Change Order No. 1 Cost for Additional Well Work $6,106,261.00 205,557.00 541,483.50 TOTAL (Proposed) $6,853,301.50 Staff finds this change order request to be fair and reasonable. The consultant, Water Resource Solutions, Inc., recommend approval of Change Order No. 1 which has been accepted by Youngquist Brothers, Inc. Staff concurs with the consultant and recommends approving and authorizing Change Order No. 1 to Task Order No. 6. FISCAL IMPACT: Funds in the amount of $747,040.50 are available in County Wastewater Capital Projects. Source of funds is Fund 413 - Sewer Impact Fee. GROWTH MANAGEMENT IMPACT: This project is consistent with the 2002 Wastewater Master Plan Update adopted by the Board of Collier County Commissioners on February 25, 2003, under Item 10(A) and is consistent with the current Fiscal Year Capital Improvement Budget approved by the Board of Collier County Commissioners on September 18, 2002. RECOMMENDATION: That the Board of County Commissioners, as the Ex-officio Governing Board of the Collier County Water-Sewer District, approve and authorize the Public Utilities Administrator to execute Change Order No.1 to Task Order No. 6 pursuant to Contract 01-3193 with Youngquist Brothers, Inc. to construct the NCWRF Deep Injection Wells. ~ PREPARED BY: ~/~'7// ! ./ Mohan V. Thampi, P.E., Senior Project Manager Public Utilities Engineering Department /6, _ FEB 2 200, PG... ,-~__ .,,, Executive Summary Approve Change Order 1 to Task Order 6 for NCWRF Deep Injection Well Construction, Contract 01-3193, Project 73948 Page 4 of 4 REVIEWED BY: Jo h am, Wastewater Director Public Utilities Division DATE: t- 2 7. REVIEWED BY: REVIEWED BY: WilliamMullin, P.E., Principal Project Manager Public Utilities Engineering Department DATE: Steve k~rnell, ~to Purchasing Department REVIEWED BY: Roy/B. Anderson, P.E., Director Public Utilities Engineering Department APPROVED By~''~-. ~ames W. DeLony, P.E. ~{dministrator . ~..~_ P_~ub. lic Utilities Divisi°ff DATE: MVT-mvt .L Date: RE: Contract: To Steve: 1/26 BCC Report: 1/26 Scanned, to Bonnie Well Construction Name of Project: Task No. 6 - Construction of Two Deep injection wells and a deep zone monitoring well for North County Project: Amendment No.: Change Order/Work Order No.: Contractor/Consultant: Change Order/Work Order Amount: Last BCC Approved Amohnt Revised Agreement Amount Percentage Increase/Decrease 73948 No 1 - To Task No. 6 Youngquist Brothers, Inc. $747,O4O.5O $6,106,261.00 $6,853,301.50 12,23%- Thisis going to the BCCfor Approval Task No 6 was approved by the BCC on July 30, 2003. Agenda 10 (J). After the commencement of the project, significant cavernous voids in the subsurface were encountered during the drilling of the pilot holes. In February 2003, unforeseen geological conditions were encountered when drilling Injection Well No. 1. Several options were addressed at how to correct these voids; a final decision was made to fill the voids with gravel hole. Other modifications were made for well No.2 to prepare for subsurface voids. The target date is also extended. Steve' s Acknowledgement: ~"" Date: I / '~'7 /0 &{ Scanned Date: '/~ 7/Di FEB 2.5/ CONTRACT MODIFICATION CHECKLIST FORM PROJECT NAME: NCWRF Deep Iniection Well Construction PROJECT #: 73948 BID/RFP #: 01-3193 MOD #: I AMOUNT OF THIS CHANGE $ $747,040.50 PO #: 206610 Work Order #: Task Order No. 6 CONTRACT AMOUNT: ORIGINAL $ 6~106~261 CURRENT $6,853~301.50 (STARTING POINT) (INCLUDING THIS CHANGE ORDER) Last BCC Approved Amount $6,106,261 (LAST TOTAL AMT. REQUIRING BCC APPROVAL) Date of Last BCC Approval 7/30/02 Agenda Item # __10(J) Percentage of the change over/under current contract amount 12.23 % Formula: (Current Amount / Last BCC approved amount)-1 Results and Actions: If the change exceeds 10% BCC approval is required; under ld% reported to BCC on Purchasing report. CURRENT COMPLETION DATE (S): ORIGINAL: 11/28/2003 CURRENT: 05/06/2004 SUMMARY OF PROPOSED CHANGE (S): Extension of 159 days for time of completion, addition~. work done for iniection wells due to unforeseen conditions encountered with voids, and road and pond fill work. JUSTIFICATION FOR CHANGE (S): Installation of the deep injection wells were delayed by unforeseen conditions when cavernous voids in the subsurface were encountered. Decision made was to fill with .qravel and other construction chanqes which took more time, materials1 equipment, and labor. The pond fill and entrance road work were needed to facilitate construction and storaqe of materials. PARTIES CONTACTED REGARDING THE CHANGE: Collier County PUED, Youn.qquist Brothers, Inc., Water Resources Solutions, Inc., Wri.qht Construction Corp., NCWRF, TKW Consultin.q Engineers, Inc. IMPLEMENTATION STEPS (Verify each before proceeding with change using Y, N or N/A) ~Y Proposed change is consistent with the scope of the existing agreement ~ Proposed change is in fact an addition or deletion to the existing scope ~ Change is being implemented in a manner consistent with the existing agreement ~Y The appropriate parties have been consulted regarding the change ~Y Proposed prices, fees and costs set forth in the change are reasonable PROJECT M AN AG ER~ECOM~E~kTIO N: RECOMMEND: ..//'~,~.z.,/f.//~ /~'~.~'--"~ Date: DO NOT RECOMMEND: Date: COMMENTS: Revised 8/22/03 FEB i AGENDA .0. CHANGE ORDER No. I Change Order No. 1 to Task Order No. 6 TO: Youngquist Brothers, Inc. FROM: 15465 Pine Ridge Road Fort Myers, Florida 33908 NCWRF Deep Injection Well Construction, Task Order #6 PUED Project No. 73948 Contract Agreement Dated: April 10, 2001 Collier County Government Public Utilities Division Engineering Department Bid No: 01-3193 Purchase Order No. 206610 Date: January 7, 2004 Change Order Description: Incorporate items of additional work into contraci as outlined in the attached supporting documents, including: WRS letter dated 1/6/04 with supporting exhibits which include Youngquist Brothers, Inc. proposal dated 12/16/03 for new access road and additional pond fill; additional gravel used for filling unforeseen cavernous voids in IW-1 and IW-2; restocking of 34" casing; and additional labor, equipment, site utilities, and geophysical logging required due to unforeseen c.onditions encountered with cavernous voids. Revised dates are as follows: Original Final Completion Date: Revised Final Completion Date: November 28, 2003 May 6, 2004 Original Agreement Amount: Sum of Previous Change Orders Amount: This Change Order Amount: Revised Agreement Amount: $ 6,106,261.00 (0.00) 747,040.50 $6,853,301.50 Original Time in Calendar Days: Adjusted Number of Calendar Days Due To Previous Change Orders: This Change Order Adjusted Time is: Revised Contract Time in Calendar Days: Original Notice To Proceed Date: Completion Date Based on Original Contract Time: Revised Completion Date: 480 0 159 639 August 5, 2002 November 28, 2003 May 6, 2004 Your acceptance of this change order shall constitute a modification to our Agreement and will be performed subject to all the same terms and conditions as contained in our Agreement indicated above, as fully as if the same were repeated in this acceptance. The adjustment, if any, to this Agreement shall constitute a full and final settlement of any and all claims of the Contractor arising out of, or related to, the changes set forth herein, including claims for impact and delay c~'~ts.- ^c~noA ~,c,~...., ' I FEB Zq 20Or, NCWTP Deep Injection Well Construction Change Order No. I to Task Order No. 6 Sheet 2 of 2 M . . . nager Public~ /~// /~/~Ut~)Engineering Department Recommended by: ~-~---~~ Date: Lloyd E. Horvath, P.E., President Water Resource SoluCorrs~ Inc. Accepted by: ~-'7.~~/~~ Date: Edward McCullers~ Vice-President, Youngquist Brothers, Inc. Approved by: t Date: re , ' c~or, Purchasing Department Approved by: j4e~hC~heatham, Director Date: Wastewater Department /-27.0+ Approved by: Date: William D. Mullin, P.E., Principal Project Manager Public Utilities Engineering Department Approvedby: /6/q~ ~---~ Date: Roy//B. Anderson, P.E., Director Public Utilities Engineering Department Authorized by: Date: James W. DeLony, P.E., Administrator Public Utilities Division (For use by owner: Fund: 413 Cost Center: 263613 Object Code: 763100 Project No: 73948 ) AGE I~O A ITEM .o._ 21/ 200 , PG. ~)/ Water Resource Solutions 428 Pine Island Road SW · Cape Coral, Florida 33991 239 574-1919 Fax:239 574-8106 January 6, 2004 Mr. Mohan Thampi, P.E., REM. Project Manager Collier County Public Utilities County Government Center 3301 East Tamiami Trail, Bldg. H Naples, FI. 34112 Re: NORTH COUNTY WATER RECLAMATION FACILITY DEEP INJECTION WELL CONSTRUCTION - CHANGE ORDER I TO TASK ORDER #6 PURCHASE ORDER # 206610 Dear Mr. Thampi: This letter is provided to explain thc basis for the requested increase in funds for the Youngquist Brothers contract to construct two deep injection wells and a dual zone monitoring well at the North County Water Reclamation Facility (NCWRF). The areas for which additional funds are being requested include: ITEM DESCRIPTION COST Construction of turn lane to NCWRF rear area and pond work $ 205,557.00 Gravel required during the construction oflW-I, ( First 20,000 fl'~ (~ $5.00/fi'~ and 20,799 fi3 653.50/ft3) $ 172,796.50 Gravel required during the construction of IW-2, ( 10,690 ft:' @ $5.00/ft3) $ 53,450.00 Re-stock 34-inch Casing $ il,250.00 Additional temperature logs performed to meet regulatory requirements $ 51,200.00 Additioual costs for labor, equipment, and utilities due to unforeseen conditions Total $ 252,787.00 747,04i. 5~. Table I to this submission provides a cost summary for all additional work.being requested for this pro. leer Turn Lnne and Pond Work Construction After the contract was awarded to Youngquist Brothers, Inc. (YBI) for the installation of two deep injection wells and the partial fill of pond 2, it was determined that more space was required on the site roi' construction and storage of the deep injection well and associated equipment. This additional working area was needed so that there would be room for other contractors participating in other portions of the plant expansion such as Encore to work and store their equipment and materials on site. The additional work area was also necessary to initiate the construction of the new pumping station and associated piping once IW-1 and the dual zone monitoring well were complete. It was also necessary to add a turn lane for the new entrance road to the back area of the construction site. Therefore, YBI was requested by the County to construct the turn lane and to complete the filling of the south end of pond 2. The cost for this work, $ 205,557.00, was reviewed and determined to be an acceptable cost for the proposed work as previously documented (Attachment I). The pond work and tile turn lane were completed prior to mobilizing the drilling rig to the site. YB1 requested a 90 day contract extension to complete this work. Gravel Requirements for IW-I Unexpected geological conditions were encountered when drilling IW-l. Regions with significant voids were encount'ered during the drilling of the pilot hole for IW-1. When these voids were initially identified, representatives from Water Resource Solutions immediately advised the County of the construction issues and concerns about the potential for significant additional costs that could be incurred due to the presence of these voids. Water Resource Solutions ultimately provided the County with four different options including: (I) Use gravel to fill voids and proceed as originally planned; (2) Relocate the casing setting depth to a point above the voids; (3) Provide an alternative completion that would allow the well to be completed at the target depth without the need to place gravel in the void regions: or (4) Abandon the well. The cost, timing, and regulatory issues were discussed for each option. For optiou 1, the estimated costs were given a range ors 100,000 to over $1,000,000. Actual costs wot, Id be dependent upon the actual size of the voids. However, a better understanding of the potential cost could be obtained by filling the pilot hole prior to reaming the 34-inch hole required for installation of the 24-inch injection casing Option I preserved the maximum amount of confinement available against vertical migration of injected wastewater. Injection under this would take place at a point 1550 feet below the lowermost underground source of drinking water (USDW) and would be separated from the lowermost USDW by at least two thick confining units. Originally, option 2 appeared to be tile least costly option and most attractive for minimizing well construction problems. However, this option required a significant reduction in the amount con~rns at~, of available confinement offered against vertical migration. In response to FDEP I NO. /L" / the limited confining interval thickness, additional packer testing was attempted in the open hole between 1300 and 1400 feet below land surface. Unfortunately, packer tests below approximately 1400 feet could not be performed due to enlarged hole conditions. Without the ability to adequately test the interval between 1400 and 1700 feet and with only one core from this region, the FDEP was hesitant to approve the use of an injection interval located only 650 feet below the base of the USDW. Since no techniques were available to establish additional confinement above 1700 feet, this option would not likely be permitted without construction of another well for packer testing and the collection of additional cores. The additional costs, time, and uncertainties associated with this option resulted in rejection of this option. Option 3 offered the advantages of preserving the amount of confinement and provided a fixed cost design. However, Option 3 required the installation of 20-inch final casing rather than the 24-inch casing and a commensurate reduction in the capacity of the well from approximately 18MGD to 12 MGD. Because of the major pipe size changes at this late date and the need to provide a special seal, the cost estimate rapidly rose ab6ve $1,500,000 and a time delay of several months was predicted. Option 4, abandonment of the well, was the most costly option with respect to time and money. If the well was abandoned, the project would be set back a minimum of two years due to regulatory issues, and the minimumcost to relocate the wells was estimated to be $23,000,000 based on a previous study to identify the optimum surface location for these wells. Based on the above information, the need to remain on schedule, and tile desire to maintain full capacity and maximum confinement, the County's project manager made the decision to move ahead with the original design and approved the use of $200,000 for gravel to address this issue. ll~ the end, an additional ninety days and a total of 40,799 cubic feet of gravel were required to be placed in the pilot hole and behind the casing during the construction of this well. The total cost for the gravel used in IW-I was $172,796.50. Additional Labor, Equipment, and Utility Costs As indicated under gravel requirements for lW-1,90 days of additional time were required to complete IW-I due to the unanticipated subsurface conditions. As indicated in the attached letter, YBI has requested that they be compensated for 33 of 69 additional days since 21 days were regained during the construction of the dual zone monitoring well. The compensation requested by YBI is divided into the costs associated with providing the labor, equipment, and utilities to the site. The compensation requested for this additional work is $252,787 (Attachment 3). Additional logging was also required to meet regulatory construction requirements during cementing of the 24-inch injection casing. A total of 30 cement temperature logs were performed to meet regulatory requirements. Typically, less than 10 such logs are required. YBI is requesting that they be compensated for the cost oF20 temperature logs. They are requesting $51,200 in compensation for this work performed to meet regulato~ requirements (Attachment 3). NO._ /0 ~ FEB 200 A total of $ 303,987 is being requested under this item. In addition, YBI is also requesting a 69 day contract extension for this additional time. As a final note to this section, it should be recognized that during this period of time, YBI provided additional packer testing of the interval between 1300 and 1500 feet in an attempt to establish the confinement between 1300 and 1700 feet below land surface, but needed to be discontinued due to bore hole conditions. These packer tests were provided at no additional cost to the County, but at some additional risk to YB1. In August 2003, Mr. Joe Cheatham, Wastewater Director, requested providing an emergency pumping system to IW-1. There had been discussions earlier concerning this topic since a large storm could impact Collier County in the upcoming rainy season and IW- 1 was not going to be ready as originally scheduled because of the unforeseen cavernous voids encountered in the subsurface However, providing an emergency pump system was not found to be feasible as it impacted the pumping station contractor. Further, a large additional expense would be incurred for the short term requirement for emergency pumping since the connection to the reuse pump station was only 3 months away. Upon investigation, the cost to provide an emergency pump sy_stem was determined to be extremely expensive (estimates began to exceed $150,000) for the short period it would be required. The areas required for ernergency pump install~ttion and emergency piping was also k~cated in the exact area needed by the pumping station contractor to connect IW-1 to the current reuse pumping station. Implementation of this systern, as'originally envisioned, would have delayed the connection of the reuse pumping station to IW-I and led to new delay claims from the pump station contractor. Based on the above information, the County's Project Manager directed WRS to develop an emergency pumping plan which would utilize the injection well test pump system. After discussions, WRS and YBI worked out a plan to meet the County's needs. The plan developed by WRS and YBI was that YBI would provide an emergency pump and piping system at no cost to the County in exchange for the use of the County's reuse pumps for the injection test on IW-1 once the designed connection was completed. The emergency piping system was built in an area that would not contlict with other contractors work in the area. Again, this emergency 19umping system was provided for no additional cost to the County. It is important to note that between September 30, 2003 and October 3, 2003, the emergency pumping system, operated by YBI personnel in conjunction with County needs, was put into operation to meet emergency storm conditions, in all, over 9,484,255 gallons of plant effluent were injected into IW-I to prevent the storage ponds from overflowing due to heavy rainfall during that time period. The County obtained special permission from FDEP to pump this excess plant effluent under emergency conditions into the mechanically sound, but unpermitted IW-1 injection well. Re-stock of 34-inch Casing Changes in the drilling and casing program resulted in the need to exchange 42-inch casing for 34-inch casing. The required exchange resulted in a re-stocking charge. The reason fv~n0.tlti~"°s//.,, r"_ ,~m" FEB 200 exchange are discussed in detail in the (bllowing paragraphs. Due to the extended time required to complete IW-I, the unknown potential for voids in IW2. and the unknown costs that might be incurred filling these voids, Water Resource Solutions developed an alternative well design to circumvent the construction problems encountered during the installation of IW-1. The purpose of the alternate design was to decrease the trouble and construction time for IW2 and eliminate tile need for gravel. The alternate design developed by Water Resource Solutions required that the surface casing be increased from 34-inch diameter to 42~inch diameter casing. Additionally, the 42-inch casing was designed to be set at 1700 feet below land surface. If required, the 34- inch casing was to be installed to a depth of 2500 feet. A seal was designed to seal between the 34-inch casing and the 42-inch casing that is much simpler to accomplish than a seal between the formation and a steel casing. This design allowed for maintaining the maximum confinement identified in IW-1 while bypassing the void areas (See Attachment 4). However, it was recognized that tile problems encountered during the construction oflW-l may not be'encountered during the construction of IW-2 or that conditions might not warrant the revised design. Therefore, construction of IW-2, based on the alternate design, was to progress in stages. This approach was approved by the Florida Department of Environmental Protection. The one clear exception was the need to install the 42-inch casing first rather than the 34-inch casing.. This design, which was considered superior to the original design if voids were encountered, was approved by the FDEP based on hole conditions encountered in IW- 1. If required, this approa~zh was designed to save the County approximately $162,000 in engineering oversight costs and 90 days in construction time. YBI, in response to'a request by Water Resource Solutions, provided an alternative cost estimate to construct tile newly proposed well design. The alternate design, if continued past the installation of the 42-inch casing, was to be provided fol' and additional lump sum cost of $396,313 (Attachment 4). The 42-inch casing would replace the 34-inch casing in the event that the alternate design was not required beyond this stage. Since the 34-inch casing might not be required, costs were provided to cover re-stocking charges for the pipe with the pipe manufacturer and trucking of the pipe back to the manufacturer. This cost was identified based on tile potential that tile 34-inch pipe might be shipped prior to tile determination as to whether or not tile 34-inch casing would be required On October 7, 2003, based on hole conditions, the decision was made not to use the 34-inch pipe and to set the 42-inch casing at 1425 feet rather than 1700 feet below land surface. Since this decision was made prior to shipment, only a restocking fee is required roi' the 34-inch pipe. Tile restocking fee is $11,250.00 for the 34-inch casing (Attachment 3). The 42-inch casing was then exchanged for the 34-inch casing in the lump sum contract for the construction of IW-2, since the 42-inch casing was now clearly a re[placement and not an additional item in the contract. Gravel Requirements for IW-2 After the larger 42-inch casing in the alternate design was installed,, the voids encountered during the construction of IW-2 were found to be smaller and manageable such that the 34-ich casing described above was not required. It was decided fill these voids with gravel and not install the 34-inch casing. These voids occurred in the subsurface region between 1470 and 1500 and between 1700 and 1770 feet. The volume of gravel required to complete IW-2 / 2004 ~ $5.00/ft3 for a cost of $53,450.00. The County approved an initial $100,000 to fill the voids in this well. Recommendation The YBI Change Order #1, which is provided as Attachment 5 for your review and ultimate approval, requests an additional $747,040.$0 in costs and 159 days in time be added to the current contract. If you have any questions, please contact me at your earliest convenience. Sincerely, Mark S. Pearce, Ph.D. Senior Scientist Attachments: 2. 3. 4. Summary Costs and Review of Access Road and Pond Work Requirements Summary of IW-I Cost Options and Construction Alternatives YBI December 18, 2003 letter indicating additional costs with backup. YBI Cost Proposal to Complete IW-2 using the Alternate Design and Diagram of Alternate Well Design Proposed YBI Change Order #1 FEB 200/, TABLE I ADDITIONAL COST SUMMARY TABLE TABLE lA ADDITIONAL CONSTRUCTION COSTS FOR IW-1 Item ] I Cost Drilling Contract Cost Adjustment For IW-1 - Additional Gravel $ 172,796.50 20,000 tt3 @ 5.O0/ft3 = $100,000 20,799 ft3 @ $3.50 = $ 72,796.50 Additional Cost for Time - Equipment, Labor, Utilities $ 252,787.00 Additional Temperature Logs - Regulatory Requirment $ 51,200.00 TOTAL $ 476,783.50 TABLE 1 B ADDITIONAL CONSTRUCTION COSTS FOR IW-2 Item I ] Cost Additional Cost Adiustment For Gravel $53,450.00 !0,690 tt3 @ 5.00/ff3 = $ 53,450.00 Restocking cost - 2500 ff ~ $4.50/ft $11,250.00 TOTAL Est. $ 64,700.00 TABLE 1C ADDITIONAL CONSTRUCTION COSTS FOR POND/ACCESS ROAD Item I I Cost Mobilization/Demobilization $ 18,000.00 Turn Lane Construction $ 90,207.00 Additional Pond Fill/Compaction $ 97,350.00 TOTAL Est. $ 205,557.00 TABLE 1 D TOTAL ADDITIONAL PROJECT COSTS Item I I Cost 1. Total Engineering Cost Adjustment (Contract Task A-7) Est. $284,628.00 2. Total Construction Cost Adjusment $ 747;04-0750' ~0~ ZT[~,~ : ~o.' I/,,,,% ~ TOTAL PROJECT ADJUSTED COST $1,031!,668.50 ATTACHMENT 1 SUMMARY COSTS AND REVIEW OF ACCESS ROAD AND POND WORK REQUIREMENTS Attachment Contains: Original Meeting Notes TKW Original Analysis for Proj~ect Scope Changes Access Road, Additional Pond Fill YB! Cost Proposal TKW Review of YBi cost proposal. Original Meeting Notes AG[t~ IT£~ .,~ ~O.._~~_ FEB ,z'-/200~ osou c'e Soludons 941 574 1919 Fax 9.41 574 8102 TO: Mohan Thampi and Collier County Team Bob Burbrink - TKW FROM: Mark S. Pearce, Water Resource Solutions (WRS) DATE: September 6, 2002 Re: COLLIER COUNTY INJECTION WELL NORTH COLLIER REGIONAL WATER RECLAMATION FACILITY Meeting Attendees: Joe Cheatham, Mohan Thampi, Dale Waller, Bob BurbdnJc, Ed McCullers, Creig Brugger, and Mark Pear'ce This meeting was held to discuss Site Development Plan Implementation, additional construction work to be performed, and funding source for this work: Topics of Discussion: Pond Fill Requirements - Contractor - Funding Turning Lane - Site Development Design Approval - Funding Other Issues -Surveying For Right of Way - FPL .Community Outreach Pond Fill Requirementz It was noted that after the original contract for the drilling of the injection wells was authorized, it was determined that Pond 2 would be needed to store water during the plant expansion taking place under another contract. Theother contract requires that Pond ' be taken out of[~;.o:~P~cL;~. newly identified use of Pond 2 for reuse water storage requires that additional fill be Pond 2 to raise the work area originally authorized for the Youngquist Brothers, Inc. d rin[['~ 24' 2[10t~ construction of the deep wells. The questions to be resolved included identifying the contractor who would do the fill work and how this extra work would be covered. After some discussion, it was decided that, kom an operational and timing stand point, YBI should be responsible for the additional fill and that this portion of the project should begin as soon as possible. The cost for this work would be covered in the next phase of expansion of the plant. YB[ did not have any concern over pertbrming the work prior to formal authorization for payment under a different contract. Turning Lane Construction The Department of Transportation has indicated that a turning lane from Goodlette-Frank road onto the North County Water Reclamation Facility property will be required in order for access to this region of the property as proposed. This requirement will result in the need to provide additional funds fbr the turn lane under the Youngquist's current contract. The additional cost for the construction of the turn lane will likely be covered under the current contract with YBI. Mr. /hampi will review the potential for this approach with his supervisors. Site development plans are anticipated to be approved the week of September 9Ih. Otherlssues The right of way documentation required for FPL is being researched and should be completed by the week of' September 9. The County is interested in developing a brochure to be sent out to nearby home owners. WRS and YBI will be developing this brochure. ' AG~I~OA ITt*I ~2.' ' N0.~ FEB 20OZ. TKW Original Analysis for Project Scope Changes Access Road, Additional Pond Fill North County Water Reclamation Facility Deep Injection Well Disposal System Project Scope Changes Contract for NCWRF Deep Injection Wells and Dual-Zone Monitoring Well with Youngquist Brothers, Inc. .Access Road: The following improvements, at the North County Water Reclamation Facility (NCWRF) will be under construction at the same time: · NCWRF Deep Injection Wells and Dual-Zone Monitoring Well; · NCWRF Deep Injection Welt Pump Station; · NCW1LF Equalization System; · NCWRF Expansion to 24.1 MGD - Liquid Stream; and · NCWRF Expansion to 24.1 MGD - Sludge Processing. The existing entrance drive is the only access into the NCWRF for Contractors, County personnel, County sludge trucks, County vacuum cleaning trucks, commercial chemical delivery trucks, commercial delivery trucks for other supplies and services, private septic tank cleaning trucks, and ali other vehicles. The proposed access road into the Deep Injection Well Disposal System construction area will be used to haul fill, pipe, ready-mix concrete, equipment, and other materials; required for the construction of the Deep Injection Well Disposal System, into the site without interfering with normal operations at the NCWRF or construction of other improvements. In addition, the proposed drive will provide an alternative access for other Contractors. The proposed access road Mil eliminate a significant amount of traffic from the existing entrance and reduce interference with normal plant operations and other construction activities. Additional traffic lanes will be provided in Goodlette Road to allow free movement of through traffic during construction vehicle turning movements into the access road. The additional access road will also alleviate some traffic congestion by allowing simultaneous movement of vehicles, in and out of the NCWRF, using the existing and proposed drives. The deep injection wells will have to be periodically removed from service for inspection, cleaning, and/or maintenance. These activities will require large vehicles to access the wells. It is proposed that the road remain as permanent access for these vehicles. This access will also be available for other maintenance functions and for future construction. Pond Fill: Additional fill in Reclaimed Water Storage Pond No. 2 is required to allow Pond No. 2 to function as a temporary reject water storage pond so that the NCWRF Expansion to 24. I MGD - Liquid Stream, the NCWRF Deep Injection Wells and Dual-Zone Monitoring Well, and the NCWRF Deep Injection Well Pump Station can be constructed during the same time period. There is insufficient, unoccupied land at the NCWRF to provide the necessar r,,,.0 ........ , FEB 2q 200 staging areas for the simultaneous construction of the NCWR_F Deep Injeciton Wells and Dual- Zone Monitoring Well and the NCWRF Expansion to 24.1 MGD. The required area can best be provided by fill part of Pond No. 2 and removing Pond No. IA from service. The area now occupied by Pond No. lA will be used as Contractors' construction staging for the NCWP~ Expansion, and the filled area in Pond No. 2 will be used by the Contractor for the Deep Injection Wel~and Dual-Zone Monitoring Well. Pond No. lA will no longer be required for reject water storage a~er the Deep Injection Well Disposal System is placed in service, and under the scope of work for the NCWRF Expansion Projects, Pond No. IA is to be permanently removed, to make room for addition treatment facilities, a~er the Deep Injection Well Disposal System is completed. However, if Pond No. IA is removed from service to provide sufficient space for Contractors' construction staging, prior to the completion of the Deep Injection Well Disposal System, the lost reject water storage capacity must be replaced until the Deep Injection Well Disposal System is completed. Pond No. 2 is larger than Pond No. 1A and can provide the required interim reject water storage capacity. Under the original scope of work for the Deep Injection Well Disposal System, Pond No. 2 was to have been removed from service and used for storage of pipe and other materials during the construction of the NCWRF Deep Injection Wells and Dual-Zone Monitoring Well. If Pond No. 2 must be available for reject water storage, during the construction of the Deep Injection Well Disposal System, the bottom of' Pond No. 2 cannot be used for storage of pipe and other materials. The proposed addition fill in Pond No. 2 will provide the required area for storage ot pipe and other materials, above the maximum water level in Pond No. 2.. This will allow Pond No. 2 to be used for temporary reject water storage. The additional fill in Pond No. 2 will provide the following: I. The required Contractors' construction staging area for the NCWRF Expansion; 2. Sufficient reject water storage to allow Pond No. lA to be removed from service before the Deep Injection Well Disposal System is completed; and 3. Sufficient area for storage of'pipe and other materials above the maximUm water level in Pond No. 2, during the construction of the NCWRF Deep Injection Wells and Dual- Zone Monitoring Well. After the Deep Injection Well Disposal System is completed, Pond No. 2 will no longer be required for reject water storage and will be available for reclaimed water storage. The temporary fill in Pond No. 2 will be removed, a~er the Deep Injection Well Disposal System is completed, by the Contractor for the NCWRF Expansion to 24.1 MGD - Liquid Stream. NO. ^C~/~,^ ~~' ~ v FEB 2q 200 YBI Cost Proposal Water Resource Solutions 428 Pine Island Road SW · Cape Coral, Flodda 33991 239 574-1919 Fax:239 574-810£ September 24, 2002 Mr. Mohan Thampi, P.E., R.E.M. Project Manager Collier County Public Utilities County Government Center 3301 East Tamiami Trail, Bldg. H Naples, FI. 34112 Re: Cost for Additional Fill and Turn Lane Construction North Collier Water Reclamation Facility Injection Well Project Dear Mr. Thampi: Mr. Ed M° Culler of Youngquist Brothers, Inc. (YBI) sent me the attached cost estimate fo,-lhe additional fill anti tbr construction {)film turn lane from Goodlette-F'ra,~k road onto the North Collier Water Reclamation Facility. The turn lane is for temporary access to the well construction location so that partial filling of pond 2 and well construction activities can proceed without interfering with other plant operating or construction activities. 'l'be cost proposal has been reviewed by 'I'kW engineers and is considered reasonable ['or the required work as indicated in the attached response.. If you have any questions, please call me at your earliest convenience. Sincerely, Mark S. Pearce, Ph.D. Senior Scientist FEB 200 , Youngquist Brothers, Inc, 1S465 ,Pine Ridge Road Fort M~,ers, Florida ~908 2 4s 44 Mark Pcarc~ Water R~ourc,~ Solmionz, Inc. 428 Pine Island Road, S.W. Cape Coral, Florida 33991 September 19, 2002 R~: Proposal for Goodlette-Frank Road Improvements / Additional Offsite-Fill Material for the North County Water Reclamafibn Facility - Deep Injection.Well Project. Item Quantity 1.) Cut & Sub Grade Turn Lane ILS 2.) 12" Stabilized Subsrade 1,780 SY 3.) 8" Limerock Base 1,692 SY 4.) 2 ½" .A~plmlt 1,610 SY 5.) 1" Asphalt 1,610 SY 6.) Pavement Markings ILS 7.) Fiaiah Grade ILS 8.) Sod 2' Strip Edge of Pavement 1 .LS 9.) Traffic Control ILS IO,) 12"x 18" R, CP w/M~$ 60LF 11.) Survey & Layout 1 LS 12.) M~bilization & Demobilization ILS 13.) Additional Fill Material Storage P;ond No.2 17,700 CY $7,500 $7,500 84 $7,120 $8.50 $I4,382 $7 $11,270 $3.50 $5,635 $15,000 $15,000 $5,000 $5,000 $1,500 $1,500 $15,000 $15,000 $30 $1,800 $6,000 $6,000 $18,000 $18,000 $5.50 $97,35O Total $2O5,557 The above-proposed work whl.require an additiOnal 90 contract dny$. Please cadl us fi.you have any quest, lotto or m~l any additional in~rmatlon_ R~sp~ctfhlly, /~ Edward McCullcrs, Vice President FEB 2004 TKW Review of YBI Cost Proposal From: To: Sent: Subject: Bob Burbdnk <BobB(~tkwonline.com> Mark Pearce <MPearce@wrsolutions.com> Mohan Thampi <mohanthampi~colliergov.net>; Lloyd Horvath <LHorvath(~wrsolutions corn>; Melanie Rasnick <melanier(~tkwonline.com> · Tuesday, September 24, 2002 2:36 PM NCWRF Deep Injection Wells Pleas~ be advised that we have reviewed the proposal fi.om Ymmgquisl Brothers, Inc. for the additional flu in Pond No. 2 and the turn lanes in the Goodlet~: Frank Road, which is sun'un~ a.s follows: Turn lanes in the Goodlct~ Frank Road $108,207.00 Additional Fill ~ Pond No. 2 97.350.00 Tot~l ~205,557.00 We reviewed the un. it costs and checked the calculations. We take no exception to the proposed cost. Is is noted that the proposal from Younquist Brothers, Inc. includes an additional 90 contras1 day,~. It is no1 indicated whether or not the proposed additional time will affect the completion of Deep Injeclion Well No. I ~d/or the D~l Zone Monitoring Well. TKW was nol involved in the determination of the completion time for the Deep Injection Wells, therefore we have no opimon regarding the dine extra,sion proposed by Youngquist Brothers. Inc. Thank you, Bob TKW Coo~ulting E~gi~e~-.~ Inc. 12553 Now I~i .Iz,~y BIv&, Bid8 32 F(xt Myor=, FL 339O7 Phone: ~39-278-1992 Fax: 239-278-0922 AG~NOA IT£14 FEB ATTACHMENT 2 SUMMARY OF IW-I COST OPTIONS AND CONSTRUCTION ALTERNATIVES .o. FEB l ater Resource So]udons 428 Pine Island Road SW, Cape Coral, Florida 239 574 1919 Fax 239 574 8102 SUMMARY OF IVq-I NCWRF COST OPTIONS AND CONSTRUCTION ALTERNATIVES On March 19, 2003, Water Resource Solutions notified the Florida Department of Environmental Protection (FDEP) and Collier County (County) about the abnormal conditions encountered in the subsurface at the Collier County North County Water Reclamation Facility. Water Resource Solutions then outlined the available options for selecting another setting depth for the 24-inch casing fbr IW-1 with Collier County representatives. After discussing the casing setting options with the FDEP, Lloyd Horvath of Water Resource Solutions notified Collier County in a memorandum dated March 26, 2003 that the subsurface conditions at the North County Water Reclamation Facility were different than originally anticipated. As indicated in the memorandum, the top ora highly transmissive and cavernous interval was intersected at a depth of 1700 feet below land surface and extended to a depth of approximately 2270 feet below land surface. The target injection interval was intercepted at a depth of 2600 feet, near where it was anticipated to be. A confining unit of several hundred feet was found to exist between the depths of 2300 and 2600 feet below land surface and another several hundred feet of confining unit were found above 1700 feet. At that time, three options were considered: Set the 24-inch casing at approximately 2550 feet as originally designed, Set the 24-inch casing at 1680 feet to avoid the cavernous unit between 1700 and 2300 feet, or Abandon the well. The advantages and disadvantages of each choice were reviewed, and the option to set the casing below 2550 feet was recommended. The advantages of this design were that significant confinement would be included between 2300 and 2600 feet below land surface and well construction could continue unhindered. The major drawback was the amount of gravel that would be needed to fill the borehole behind the 24-inch casing. Costs for such activities have often exceeded $500,000 and the amount of gravel required is unknown. Subsequent meetings were held with the County to review the previously indicated options available, including an alternate well design for the completion of the l-W-I well, and the costs associated with the various options. On April I 1, 2003, Mark Pearce and Lloyd Horvath met with Mr. Roy Anderson, Mr. Bill Mullin, and the County's Project Manager, Mr. Mohan Thampi, to discuss the available alternatives. The issues discussed at that meeting included confinement of the injected water, the additional time required to complete the well, an alternate completion, and the potential costs for the different options. [ ,0.._~~, Alker reviewing all the issues, Water Resource Solutions and the County's Project Manager, Mr. Mohan Thampi, recommended that the original completion design be followed using gravel to fill the voids in the borehole where necessary. This recommendation was based on the desire to maximize the available confinement, maintain the design injection capacity, and to continue with the construction of the well as rapidly as possible. Based on the above recommendation, the County authorized $200,000 to be used to partially fill the pilot hole with gravel to determine if the alternate design would be required. The pilot hole was cemented and graveled back to a depth of 1612 feet. The plug back operation only required approximately 10,000 cubic feet of gravel to aid in the filling of the pilot hole. Based on this knowledge, the decision was made to continue with the original construction design for the well. Gravel was to be used to fill those voids behind the casing which were incapable of being filled with cement. Filling of the pilot hole with cement and gravel, where required, began on April 3, 2003 and was completed on April 27, 2003. Gravel was first required on April t5, 2003. Ne,x-t, the 34-inch pilot hole was drilled to 2575 feet, and the 24-inch casing was set in the hole. Cementing and graveling of the 24-inch casing was initiated on June 1, 2003 and was completed on July 9, 2003. A total of 40799 cubic feet of gravel, in addition to the cement, was required to fill both the pilot hole and the borehole between the 24-inch casing and the formation. The additional cost for using the gravel was $172,796.50 based on the contrac~ between the Youngquist Brothers and the County. FEB 2_-',' 200 , ATTACHMENT 3 YOUNGQUIST BACK-UP INFORMATION Youngquist Brothers, Inc. 15465 Pine Ridge Road Fort Myers, Fl 33908 239-489-4444 December 16, 2003 Mohan V. Thampi, Collier County 3301 E. Tamiami Trail, Bldg. H Naples, FL 34112 Re: NCWRF Deep Injection Wells - Change Order No. 1 Dear Mohan, Please process Change Order No. 1 as outlined below. Item Description 1 .) Access Road & Additional Fill Material (September 19,2002 Letter) 2.) Gravel for I/W-l, 1st. 20,000 cf~ $5.00 per Cubic Foot 3.) Gravel for I/W-l, 207,799 cf~ $3.50 per Cubic Foot 4.) Gravel for I/W-2, 1st. 10,690 cf~ $5.00 per Cubic Foot 5.) Restocking of 34" Casing 2,500 Feet ~ $4.50 per Foot 6.) Additional Work Due to Unforeseen Conditions (33 Days Breakdown Below) Total Change Order # 1 Amount $205,557.00 $100,000.00 $72,796.50 $53,450.00 $11,250.00 $303~987.00 $747,040.50 The breakdown below is based on (69) additional workdays resulting from unforeseen conditions (fractured zones). Of the (69) days (36) days were spent pumping gravel for which there is are pay items (items 2,3 & 5). The breakdown is based on the remaining (33) days. Con.t Page 2 December 16, 2003 Mohan V. Thampi Breakdown of additional cost due to unforeseen conditions. Labor: (5) Men, (24 hours a day), (33) days, (3,960) Total Man Hours (Average. hourly wage including OT) $24.00 Per Hour Labor Burden (Taxes, Insurance & Benefits) $4.26 Per Hr Perdiem ($25 a day per man -2 shifts) (33) days Sub Total $95,040.00 $16,870.00 $8,250.00 $120,160.00 Site Utilities, Water, Electric, Holding Tanks & Toilets ($84 per day), 33 days ' Sub Total $2,772.00 Equipment Drilling Rig & Tools (185 Ft, 1,000,000 lbs Derrick) Cat 235 Excavator L-150 Volvo Wheel Loader (3) Service P/U Trucks (2) Field Office Trailers Day R~e Amount $2,400 $79,200.00 $950 $31,350.00 $385 $12,705.00 '$150 $4,950.00 $50 $1,650.00 Sub Total $129,855.00. Geophysical Logging. (20) - CTL, 6/1 - 6/9, 6/18 - 6/30 & 7/7 - 7/9 Unit Price Total $1,600 $51,200.00 Sub Total $51,200.00 Breakdown Total $303,987.00 Please incorporate (159) additional contract days with this change order- (90) days for additional dirt work & turn lane construction plus (69) days for unforeseen conditions. Please contact us if you have any questions or if any additional information is needed. Respectfully, Edward McCullers, Vice President Cc: Mark Pearce, WRS BACK-UP PIPE RE-STOCKING VASS PiPE & STEEL Co.. 'iNC. 158 Third Street PO BOX 583 Min~ola'NY'~'1501 . ,' , , . Phone': 51'6~7~tl '-839'8 '.'Fa'~:"'616~741~8210 Invoice: 43378 Date: 12/1812003 P;O. ' ' 218038-22 Sold To: Youngquist Bros.,' Inc 15465 Pine'Ridge Rd. Ft. Meyers, FI 33908 Ship To: Date Shippect Sales Person 2/18/2003 Quantity 1204.80 Shipped Via I FOB Point I. Terms Sonny [ 30 Days Desci'iption f Unit Price Total 24 pcs x 50.2 - 20% Restocking Chg. 34" .375w A139b $47.18ftz20% = $9.44 $11,373.31 $0,00 $0.00 .'. ,.. TOTAL $11,373.31 Tide ~ thLs merchandise herein romains aurs until, t'uly'psid for tn Icsd tender ired Lhe ac~p(an~ by us afnoL~ or cammcrci~l papers made by you or third hcr¢~. A monthly s~i~ ~d in~r~L chmgc will ~ m~c an .11 pu( duc ,ccounu. All claims eot sorta~s or d~agcd martial must~c maac i~j~lJlr ~"l d~ys ~et r~ip{ or deiJ~c~. ~c ~ellcr m~ no w~,'~pr~ed or implied ~al ~is material is. fit ~r ~y p~icul~ pu~e orr~hi~~l buyer. Under no ~nditions ]s'r~po~bili~ usumcd for'~osequenti~ d~a¢es, r~uldni ~rom in~r~t or im~cct merchandise o~¢live~, ctaam~ ~ ,m~cu i VASS PIPE & STEEL CO.. INC. 158 Third Street PQ BQX 583 Mlneola NY 11501 Phone: 516-741-8398 Fax: 516-741-8210 Invoice: Date: P.'O.: Release: 43379 12/18/2003 218038-01 13643 J '~1 II Sold To: Youngqulst Bros., lac 15465 Pine Ridge Rd. Ft. Meyers, Fi 33908 Ship To: 2./18/2003 I Sonny, , Qu-ntk'y .. I.;'.: !' ". ':,::'."?.", "?'. :.,i:.'..:..,.!: .i,'",,:!l~d~n. :;i':':. ?:i?:'.' :';%:?-~/'.:-'~"'.!:'..""" 1305.20 26 pc~ x 50.2 - 20% Restocking Chg. 34" .375w A139b $:41,79ttx20%= Terms 30 Days . Unit. P..rtce, .Total '" s .26 $0.00 TOTALI $10,911,47 Tide to this mc.z'chandi~ he. in remains ours until t'uly paid fo~ in lcSel mn~ and thc acceptance by us of no~ er come.iai perm ~ by y~ or thJr6 p~i~; ~ ~e filing of M~hanic's ~cns ar ~e institution afauh ~d thc ent~ ofjudim~¢ th~ shall not divc~t us of tiile unto ~ forgoing me~h~ndi~ M~hanic's ~ins, no[~, pa~ ancot thc judgem~c sh~II have b~ ~lly paid E~ in legal mn~.'All v~bnl ~[e~c~c,, mp~t~ions ~d FMCS= ~ ~ hcrci,. A ~n~ly s~ice and [nt~t ch~c.will ~ ma~e on all p~st du~ accents, All claim, for so~B~ or dem~ ~al must ~ ~c ia w~[tn8 ~i~in S ~ys ~Ret ~eip[ ~ ~live~. ~e ~llet m~k~ no wa~ty, ~pm~ed or impli~ that ~k ~dal is fit f~ say particular pu~sc 0f~ .I,l~l, [, ~~ne ~ bayer. Un~r ...... no conditions is ~ponsibillly esaum~ ~or cons~ucedal damage, ~ultini from inco~l ~ lm~[ mamhandisc del~. Li~bi~' is li~ .t our op,n,on, t. (ho ,nvo,ce pace, or ~,.c~cnr of mo,c,,.,. I '~~ / ATTACHMENT 4 YBI COST PROPOSAL TO COMPLETE IW-2 USING THE ALTERNATE DESIGN AND ALTERNATIVE WELL DESIGN DIAGRAM Youngquist Brothers, Inc. 15465 Pine Ridge Road Fort Myers, Fi 33908 239-489-4444 August 6, 2003 Mark S. Pearce, Ph.D. Water Resource Solution 428 Pine Island Road, SW Cape Coral, Florida 33991 Re: NCWRF Deep Injection Wells, I/W-2 Completion Dear Mr. Pearce We have listed our prices below for the modified injection well completion as discuss at the meeting on 7/21/03 in your office. Item Description Quantity .Unit Total 9.) Drill 42" Bore Hole (390' - 1,310') -920 fl 150 (138,000) 12.) Grout Original 34" (0' -1,300') -I 1,000 cf 13 (143,000) 15.) Fill Pilot Hole-Cement (2,530' - 1,300') -1,900 cf 11 (20,900) 16.) Drill 34" Bore Hole (1,310 - 2,530') -1,220 fl 140 (170,800) * Ream 48" Bore Hole (390' - 1,700') 1,310 ft 130 170,300 * 42" Dia. Casing (0 - 1,700') 1,700 fi 1 l0 187,000 * Grout 42" Casing (0-1,700') 5,007 cf 12 60,084 *** Stabilize Pilot Hole (2,400' - 2,200') 280 ct 12 3,360 9.) Drill 42" Bore Hole (1,680'- 2,400') 700 fl 150 105,000 *** Stabilize 42" Hole (2,400' - 2,200'). 2,513 cf 12 30,156 9.) Drill 42" Bore Hole (2,200' - 2,400') 200 ft 150 30,000 10.) Geo Logs (GK, Cal) (2,200' - 2,490') 1 Is 22,000 22,000 11 .) Additional 34" Casing (1,300' - 2,485') 1,100 fi 140 154,000 12.) Grout 34" Casing (1,900 VF) 6,301 cf 13 81,913 16.) Drill 34" Bore Hole (2,400' - 2,580') 180 ft 140 25,200 Total $396,313 The above (*) items are contingency items in the original contract. The rest of the items are required to complete the modified well or are not required as a result of the modified completion. The prices are based on the negotiated values listed in our contract with the exception of(***) stabilizing the 42" borehole, which is basically priced as the rest of the cement. Cont. AGENDA I Ttrl~ .o. FEB Page 2 August 6, 2003 Mark S. Pearce, Ph.D. Water Resource Solution The items listed below are new contingency items as requested. Item _Descri[~tion ,,Quantity Amount 1.) Perf. 34" Casing (4) Shots Ft.- each 15,000 (4) Runs, Up to 80 Shots 2.) Cement Squeeze cubic foot 25 3.) Ship Unused Pipe truck load 2,500 4.) Restock 34" Pipe per foot 4.50 5.) Second Bridge Plug each 7,500 In addition to the above we are requesting (146) additional contract days (622) total contract days. The revised contract completion date will be April 23,'>004 Please see revised sch.edule attached. ' - ' It is understood.that if the geology does not require the modified well completion it will be constructed per the original plan and the additional pipe will be returned for the prices listed above. Ifyou have any questions or need any additional information please call us. Respectfully, Edward McCullers Vice President -- Attachment: Cc: Mohan Thampi proposed Revised Collier Injection Well IW-2 Completion REVISED 7/23/03 Land Surface Base of 48-inch casing @ 395 feet 42qnch O.D., 0.375 wall Casing ent Base Of USDW @ 1050 ft Base Of Surface Casing and To lous Unit 1700 ft between 34 and 42-inch pipe 0.375 Wall, 34 O.D.-Inch Casing Void area, double cased 2300 ft 2400 fl 0.5-Inch wall, 24 -inch O.D. Casing Top Of Injection InterVal at 2600 ft Cement Base of 34-inch casing would be pressure grouted in place as high as possible. Anticipated 50 to 100 feet of grout for 34-inch casing. Water Resource Solutions 428 Pine Island Road SW · Cape Coral, Florida 33991 239 574-1919 Fax:239 574-8106 September 4, 2003 Mr. Ed MCCullers Vice President Youngquist Brothers, Inc. Fort Myers, Fl. 33908 Re: Emergency Pumping Dear Mr. M~Cullers: I am writing this letter based on discussions I have held with you concerning the installation of an emergency pumping system at the NCWRF. The temporary emergency pumping equipment was requested by Mr. Joe Cheatham from Collier County. The emergency pumping is desired in the case of a tropical storm or other emergency condition that requires the discharge of a large volume of water beyond the plants capability to discharge. It is my understanding, based on our conversations, that the Youngquist Brothers will set up a temporary pump capable of pumping approximately 3000 gpm provided that the County agrees to perform the injection test on IW-1 with the Collier County's reuse pumps and piping installed by others. The temporary pump is anticipated to be required for approximately 40 days. The setting of the temporary pump will also include the piping, a flow meter with a totalizer and visually read dial and a pressure transducer to monitor wellhead pressure. YBI will also provided water level and/or pressure sensing devices to monitor the water levels in both zones of the dual zone monitoring well. Finally, YBI will install temporary pumps for the discharge of water from the monitoring wells to IW-1 in case the water quality in the monitoring zones needs to be measured on a weekly basis. All other aspects of the injection test will be performed by the Youngquist Brothers as previously required, including all logging, without additional cost. Youngquist Brothers will perform the above work for the previously indicated price of the injection test without additional cost to the County. Your aid in this matter is greatly appreciated. Please advise if these terms are acceptable. Sincerely, Mark S. Pearce, Ph.D. Senior Scientist Mohan Thampi, P.E. - Collier County Bob Burbrink, P.E. - TKW [I AG~:Ni)A IT£1~ " / ! EXECUTIVE SUMMARY APPROVE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION CERTIFICATION OF FINANCIAL RESPONSIBILITY FORM, FOR THE SOUTH COUNTY WATER RECLAMATION FACILITY INJECTION WELL, IW 1. OBJECTIVE: To certify unconditionally to the Florida Department of Environmental Protection (FDEP) the Count~,'s financial obligation to perform plugging and abandonment of the injection system. CONSIDERATIONS: The permit for the existing injection well, IW1 located at the South County Water Reclamation Facility expires on April 6, 2004. The application for the renewal of the Class I Injection Well permit was submitted to FDEP. The FDEP requires that the county complete and execute a Certification of Financial Responsibility form (copy attached). This form certifies that the county will be unconditionally obligated to have the financial resources necessary to close, plug, and abandon the Class I injection well and related monitoring wells. The cun'ent plugging and abandonment cost estimate is $407, 844. In the event that the injection well system f'ails to meet permit conditions, or this well is no longer required for its intended use. then plugging and abandonment will become necessary. FISCAL IMPACT: Adequate Funds are available in tile Water Sewer Operating budget. GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan related to this action. RECOMMENDATIONS: That the Board of County Commissioners, as Ex-officio the Governing Board of the Collier County Water-Sewer District approve, and authorize the chairman to execute the Certification of' Financial Responsibility lbnn. SUBMITTEDBY: Q~x-k~ ~~-~ Dale: Alicia Abbott, Prqiect Manager, Public Utilities Engineering. REVIEWED BY: "7/4/,~,,<~ 'w.-~""'~..~.~ Date: 2'/"0/°hz Thomas G Wides. Director. Public Utilities Fiscal Operations Roy B. Anderson,'-~P.~.."Dire~'tor, Public Utilities Engineering AGENDA IT£N ~ ""]" FEB 2 200 PC,. I Executive Summary SCWRF Injection Well Page 2 APPROVED BY: Jatn~t,-~'7IS'~D.', P.E.. Public Utilities ,~ministrator Date: Date: AGE ~Q)A ITEM FEB 2 ~ 200~ pti. ATTACHMENT A Page 1 of 6 Local Government Guarantee A unit of local government of the State of Florida may demonstrate financial responsibility as required in Rule 62-528.435(9), F.A.C., by submitting all of the following information: The local government must submit a letter from its attorney attesting to the permittee meeting the definition of a local government as defined in Chapter 218, Florida Statutes (F.S.). The attorney must also attest to the local government's coverage under Chapter 218, Part V, F.S., Financial Emergencies. A copy of Chapter 218, Part V, F.S., is provided with this attachment. If the permittee is unable to obtain a letter from its attorney regarding its status as a local government, an alternate demonstration of financial responsibility must be submitted to the FDEP. The alternativ, es suggested by the FDEP are: a. Surety Bond b. Letter of Credit c. Trust Fund d. Financial Test The local government must submit a Certification of Financial Responsibility which certifies unconditionally the obligation of the local government to perform plugging and abandonment of its injection system(s) pursuant to Chapter 62-528, F.A.C. The certification form provides information on the location of the injection system(s) guaranteed by the local government with the related cost estimates for plugging and abandonment. The certification allows for a cost increase of 10 percent without submission of an updated certification form. Cancellation of the agreement may not take place without the written consent of the FDEP Secretary. The person signing the Certification on behalf of the local government must be an individual authorized to bind the local government to such an agreement. The signing of this agreement must be notarized to complete the processing of the "Certification of Financial Responsibility" form. The wording of the certification form is provided with this attachment. o A copy of the financial statements for the latest completed fiscal year must accompany items 1 and 2 above to complete the financial package for review by the FDEP. If the Department finds through its review of the financial statements that the financial strength of the unit of local government is questionable, the Department may notify the permittee of its intentions to deny the financial package as submitted. The permittee would then be required to submit an alternate financial demonstration to meet the requirements of Rule 62-528.435(9), F.A.C. I AGI[ NOA IT£N ~.-- FEB 2 4 2OO ATTACHMENT A Page 2 of 6 CERTIFICATION OF FINANCIAL RESPONSIBILITY Collier County, a unit of local government of the State of Florida, hereby certifies that it has unconditionally obligated itself to have the financial resources necessary to close, plug, and abandon its Class I underground injection well(s) and related monitoring wells, as required by Chapter 62-528, Florida Administrative Code. It is further understood that the cost estimate to conduct plugging and abandonment, established on October 10, 2002, shall be reviewed on an annUal basis and this obligation shall incorporate accumulated inflation costs. An annual adjustment exceeding 10 percent in any one year shall require submission of an updated certification form. List of Injection Wells Covered By This Agreement: IW-1 (for each injection well list the following information) Facility Name: South County Water Reclamation Facility Facility Address: 5600 Warren Street, Naples, Florida 34113 Facility Contact: Jon Pratt (Chief Operator) Phone Number: (941) 774-6886 Latitude/Longitude of Injection Well: 26° 05' 42" North 81° 43' 22" West DEP/EPA Identification Number: FLA014135, 5211C00303 Current Plugging and Abandonment Cost Estimate: $407,844 It is hereby understood that the cancellation of this certification may not take place without the prior written consent of the Secretary of the Florida Department of Environmental Protection. Date: Dwight E. Brock, Clerk BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA By: Donna Fiala, Chairman By: : Deputy Clerk STATE OF FLORIDA ) COUNTY OF COLLIER ) Acknowledged before me this __ day of ,2004, by Donna Fiala, known to me to be the Chairman of the Board of County Commissioners of Collier County, Florida. By: Notary Public Approved as to form and legal sufficiency: Tom Palmer, Assistant County Attomey ATTACHMENT A Page 3 of 6 Plugging and abandomnent plan/cost determination - In order to demonstrate financial responsibility a permittee or applicant must submit a detailed plugging and abandonment (P&A) plan to the Department for approval. The P&A plan should contain the following information: 1. A step-by-step plugging plan indicating where cement and other fillers (if any) will be placed. 2. A drawing showing the well construction and proposed placement of plugging materials. Appropriate depths should be indicated on this drawing. Calculations showing the derivation of the volume of cement and other fillers (if any) needed to plug the well according to the plan prepared in Items 1 and 2 above. Separate calculations should be made for each well. Calculations showing the derivation of the total cost for plugging each well. Costs should be itemized for each well (i.e. cement cost, mobilization cost, etc.). Financial responsibility must be demonstrated for the sum of the total costs for all injection and associated monitor wells at a facility. Timing of demonstrations - Department rules require that financial responsibility be demonstrated at the time of permitting and maintained. A demonstration of financial responsibility will be required for each construction and operation permit application. Also, at any time during a permit cycle, if updated plugging and abandonment costs exceed the initial financial certification amount by ten percent or more, then a redemonstration shall be submitted to the Department. Updated plugging and abandonment cost estimates should be provided to the Department at the midpoint of the permit cycle. Permittees which utilize a UIC Financial Test shall redemonstrate annually, and forward the latest annual report or financial statement. Financial responsibility is required for Class I injection wells, and any monitor well which penetrates to a depth below the underground source of drinking water. Summary - Department UIC rules require that a permittee for a Class I injection well demonstrate and maintain financial responsibility. To do this, the applicant or permittee must first develop a plugging and abandonment plan and determine the cost associated with implementing this plan should it become necessary. These costs should be updated during the midpoint of the permit cycle and if the cost is ten percent or more above the amount of the previous financial responsibility demonstration is based, then a redemonstration must be made to the Department. Once the costs have been determined, several methods are available to demonstrate financial responsibility. Each method is described in the Department's guidelines for demonstrating financial responsibility. AGENDA ITEM FEB 2 ATTACHMENT A Page 4 of 6 CHAPTER 218 FINANCIAL MATTERS PERTAINING TO POLITICAL SUBDIVISIONS PART V FINANCIAL EMERGENCIES 218.50 Short title.--Sections 218.50-218.504 shall be known as the "Local Government Financial Emergencies Act." History.--s. 8, ch. 79-183. 218.501 Purposes.--The purposes of ss. 218.50-218.504 are: (1) To preserve and protect the fiscal solvency of local governmental entities. (2) To assist local governmental entities in providing essential services without interruption and in meeting their financial obligations. (3) To assist local governmental entities through the improvement of local financial management procedures. History.--s. 8, ch. 79-183; s. 25, ch. 96-324. 218.502 Definition.--As used in ss. 218.50-218.504, the term "local governmental entity" means a county, municipality, or special district. History.--s. 8, ch. 79-183; s. 26, ch. 96-324. 218.503 Determination of financial emergency.-- (1) A local governmental entity is in a state of financial emergency when any of the following conditions occurs: (a) Failure within the same fiscal year in which due to pay short-term loans from banks or failure to make bond debt service payments when due. (b) Failure to transfer at the appropriate time, due to lack of funds: 1. Taxes withheld on the income of employees; or 2. Employer and employee contributions for: a. Federal social security; or b. Any pension, retirement, or benefit plan of an employee. (c) Failure for one pay period to pay, due to lack of funds: 1. Wages and salaries owed to employees; or 2. Retirement benefits owed to former employees. (d) An unreserved or total fund balance or retained earnings deficit for which sufficient resources of the local governmental entity are not available to cover the deficit for 2 successive years. (e) Noncompliance of the local government retirement system with actuarial conditions provided by law. (2) A local governmental entity shall notify the Governor and the Legislative Auditing Committee when one or more of the conditions specified in subsection (1) have occurred or will occur if action is not taken to assist the local governmental entity. In addition, any state agency must, within 30 days after the identification of the financial ATTACHMENT A Page 5 of 6 emergency, notify the Governor and the Legislative Auditing Committee when one or more of the conditions specified in subsection (1) have occurred or will occur if action is not taken to assist a local governmental entity. (3) Upon notification that one or more of the conditions in subsection (1) exist, the Governor or his or her designee shall contact the local governmental entity to determine what actions have been taken by the local governmental entity to resolve the financial emergency. The Governor has the authority to implement measures as set forth in ss. 218.50-218.504 to resolve the financial emergency. Such measures may include, but are not limited to: (a) Requiring approval of the local governmental entity's budget by the Governor. (b) Authorizing a state loan to the local governmental entity and providing for repayment of same. (c) Prohibiting a local governmental entity from issuing bonds, notes, certificates of indebtedness, or any other form of debt until such time as it is no longer subject to this section. (d) Making such inspections and reviews of records, information, reports, and assets of the local governmental entity, in which inspections and reviews the appropriate local officials shall cooperate. (e) Consulting with the officials of the local govermnental entity and the appropriate state agency regarding any steps necessary to bring the books of account, accounting systems, financial procedures, and reports into compliance with state requirements. (f) Providing technical assistance to the local governmental entity. (g) 1. Establishing a financial emergencies board to oversee the activities of the local governmental entity. The board, if established, shall be appointed by the Governor. The Governor shall select a chair and such other officers as are necessary. The board shall adopt such rules as are necessary for conducting board business. The board may: a. Make such reviews of records, reports, and assets of the local govermnental entity as are needed. b. Consult with the officials of the local governmental entity and appropriate state officials regarding any steps necessary to bring the books of account, accounting systems, financial procedures, and reports of the local governmental entity into compliance with state requirements. c. Review the operations, management, efficiency, productivity, and financing of functions and operations of the local governmental entity. 2. The recommendations and reports made by the board must be submitted to the Governor for appropriate action. (h) Requiring and approving a plan, to be prepared by the appropriate state agency in conjunction with the local governmental entity, prescribing actions that will cause the local governmental entity to no longer be subject to this section. The plan must include, but need not be limited to: ATTACHMENT A Page 6 of 6 1. Provision for payment in full of all payments due or to come due on debt obligations, pension payments, and all payments and charges imposed or mandated by federal or state law and for all judgments and past due accounts, as priority items of expenditures. 2. Establishment of a basis of priority budgeting or zero-based budgeting, so as to eliminate low-priority items that are not affordable. 3. The prohibition of a level of operations which can be sustained only ~vith nonrecurring revenues. (4) During the financial emergency period, the local governmental entity may not seek application of laws under the bankruptcy provisions of the United States Constitution except with the prior approval of the Governor. History.--s. 8, ch. 79-183; s. 54, ch. 89-169; s. 1180, ch. 95-147; s. 27, ch. 96-324; s. 29, ch. 97- 96. 218.504 Cessation of state action.--The Governor has the authority to terminate all state actions pursuant to ss. 218.50-218.504. Cessation of state action must not occur until the Governor has determined that: (1) The local governmental entity: (a) Has established and is operating an effective financial accounting and reporting system. (b) Has corrected or eliminated the fiscal emergency conditions outlined in s. 218.503. (2) No new fiscal emergency conditions exist. History.--s. 8, ch. 79-183; s. 28, ch. 96-324. AC~NOA ITEN ~ FEB 2 PG. ~ COLLIER COUNTY DAVID C. WEIGEL COLLIER COUNTY A'I-rORNEY 3301 Tamiami Trail East Naples, Florida 34112-4902 Telephone: (239) 774-8400 FAX: (239) 774-O225 February 3, 2004 Heidi F. Ashton Jennifer A. Belpedio Ellen T. Chadwell Jeffrey A. Klatzkow William E. Mountford Thomas C. Palmer Michael W, Pettit Jacqueline Hubbard Robinson Marjorie M. Student Scott R. Teach Patrick G. White Robert N. Zachary TO: Florida Department of Environmental Protection Re: DEP ID No. FLA014135. South County Water Reclamation Facility Injection Well IW-I. 5211C00303 To whom it may concern: I, the undersigned, am an Assistant County Attorney for the County of Collier, Florida, a political subdivision of the State of Florida. This letter is to attest, pursuant to Rule 62-528.435(9), Florida Administrative Code, as follows: 1. Collier County, Florida, is a "local government" as defined in subsection 218.502, Florida Statutes; and 2. Collier County, as an entity, is covered by the provision of Part V of Chapter 218, Florida Statutes. Sincerely you rs, / . Thob~'s ~;. ~almer Assistant County Attorney FEB 2 200 ; COLLIER COUNTY, FLORIDA WATER AND SEWER DISTRICT Basic Financial Statements September 30, 2002 (With Independent Auditors' Report Thereon) COLLIER COUNTY, FLORIDA WATER AND SEWER DISTRICT Table of Contents Independent Auditors' Report Management's Discussion and Analysis Basic Financial Statements: Statement of Net Assets Statement of Revenues, Expenses and Changes in Net Assets Statement of Cash Flows Notes to Basic Financial Statements Supplemental Information (Unaudited): Senior Obligation Bond Coverage Subordinated Debt Bond Coverage Page 1 3 8 9 10 11 25 26 .o._ /~. e_..._5 FEB 2 ~ 200,~ , ~,G._ /I RO. Box 1439 Tampa, FL 33601-1439 Independent Auditors' Report Distinguished Members of the Board of County Commissioners Collier County, Florida: We have audited the accompanying basic financial statements of the Water and Sewer District, a component unit of Collier'County, Florida as of and for the year ended September 30, 2002, as listed in the table of contents. These £mancial statements are the responsibility of the Water and Sewer Distr/ct's management. Our r_esponsibility is to express an opinion on these-financial statements based on our audit. We conducted our audit in accordance with auditing standards generally accepted in the United States of America. Those standards require that we plan and perform the audit to obtain reasonable assurance about whether the financial statements are free of material misstatement. An audit includes examining, on a test basis, ev/dence supporting the amounts and disclosures in the financial statements. An audit also includes assessing the accounting principles used and significant estimates made by management, as well as evaluating the overall financial statement presentation. We believe that our audit provides a reasonable basis for our opinion. In our opinion, the financial statements referred to above present fairly, in all material respects, the financial position of the Water and Sewer District as of September 30, 2002, and the changes in its financial position and cash flows for the year then ended in conformity with accounting principles generally accepted in the United States of America. As discussed in note 10, the Water and Sewer District has implemented a new financial reporting model as required by the provisions of Governmental Accounting Standards Board Statement (GASB) No. 34, Basic Financial Statements - and Management's Discussion and Analysis -for State and Local Governments; Statement No. 37, Basic Financial Statements - and Management's Discussion and Analysis -for State and Local Governments.. Omnibus; and Statement No. 38, Certain Financial Statement Note Disclosures, effective October 1,2001. Management's Discussion and Analysis on pages 3 through 7 is not a required part of the basic financial statements but is supplementary information required by accounting principles generally accepted in the United States of America. We have applied certain limited procedures, which consisted principally of inquiries of management regarding the methods of measurement and presentation of the required supplementary information. However, we did not audit the information and express no opinion on it. - AG(~ (,~OA IT£M~ F FEB 2 200 p~. Our audit was conducted for the purpose of forming an opinion on the basic financial statements taken as a whole. The supplemental information, as listed in the accompanying table of contents, is presented for purposes of additional analysis and is not a required part of the basic financial statements. Such information has not been subjected to the audit procedures applied in the audit of the basic financial statements and, accordingly, we express no opinion on it. March 1, 2003 FEB 2 ~+ 200,~ .,'~; ._.~___~ MANAGEMENT'S DISCUSSION AND ANALYSIS As Clerk of the Circuit Court and chief financial officer of Collier County, Florida (County) we present the readers of the Water and Sewer District (the District) financial statements this narrative overview and analysis of the financial activities of the D/strict for the fiscal year ended September 30, 2002. Financial ltighlights · The District's assets exceeded its liabilities as of September 30, 2002 by $498,840,204. Of this amount, $109,260,139 represents unrestricted net assets and may be used to meet future obligations. · The District's total net assets increased by $36,790,976 over fiscal year 2001. · Total bonded debt and outstanding loans owed by the District decreased by $3,015,570 during fiscal year 2002. State Revolving Fund Loan debt of $3,586,677 was issued during the year for the purpose of expanding both the North County Water Reclamation Facility and North County Regional Wastewater Treatment Plant. Overview of the Financial Statements This discussion and analysis is an introduction, and explanation of the District's basic financial statements and notes to the basic financial statements. There is additional supplemental information following these financial statements that may be of interest to the reader. Basic Financial Statements The basic financial statements are designed to provide the reader with an overview of the financial position of the District and are similar to private sector financial statements. These statements are comprised of a Statement of Net Assets and a Statement of Revenues, Expenses and Changes in Net Assets and are found on pages 8 and 9 of this report. The Statement of Net Assets shows the financial position of the District as of September 30, 2002. The statement shows the District's assets less its liabilities, with the difference being reported as net assets. Changes in net assets are useful indicators of financial condition. The Statement of Revenues, Expenses and Changes in Net Assets follows the Statement of Net Assets and reports the results of operations over the fiscal period. The statement presents the events that gave rise to the change in net asset balance over the current period, regardless of the timing of the related cash flows. For instance, accounts receivable or accrued unused vacation and sick leave will manifest themselves in cash inflows and outflows, respectively, in future fiscal per/ods. Notes to the Basic Financial Statements The notes provide additional information essential to a full understanding of the data provided in the basic financial statements. The notes appear on page 11 to 23 &this report. Financial Analysis The basic financial statements presented for the fiscal year ended September 30, 2002 are the County's first to be created in accordance with Governmental Accounting Standards Board Statement No. 34, Basic Financial Statements - and Management's Discussion and Analysis - for State and Local Governments Co~i,., C ' ~ new approach to financial renortin~ was ,,,o,,a.,,,.~ ~._ ,L_ ,-. .... ' I' ~/~x',[~. fiscal year ended September ~-(~ ,~nX-~ ~_~,,_-_,_,.~-,,.,~.uy,.uic ~overnmentai Accountung Standards [3oati~~ .... ~-~,,~. ,s,c ma,n oojecuve or governmental financial reporting haial~b~e~ accountability. The goal of these accounting changes, the most pervasive since the beginning of governmental accounting, is to enhance the understandability and usefulness of the financial report to its users. As mentioned above, changes in net assets over time are a useful indicator in assessing financial condition. The District's increase in net assets for this fiscal year amounts to $36,790,976. Current and other assets Capital assets Total assets Long-term liabilities Other liabilities Total liabilities Net assets: Invested in capital assets, net of related debt Restricted Unrestricted Total net assets Water and Sewer District Net Assets 2002 $ 140,778,947 493,299,014 634,077,961 110,095,234 25,142,523 135,237,757 2001 159,677,330 434,784,234 594,461,564 110,855,200 21,557,136 132,412,336 379,611,747 318,052,800 9,968,318 10,091,657 109,260,139 133,904,771 $ 498,840,204 462,049,228 The District's investment in capital assets such as land, buildings, improvements other than buildings and machinery and equipment amounts to 76% of net assets. This amount is presented net of depreciation or any outstanding debt related to the construction or purchase of the asset. Capital assets are used to provide services to the water and wastewater customers and consequently do not represent spendable resources. The District's net assets also include restricted net assets of $9,968,318 and unrestricted net assets of $109,260,139. Restricted net assets are resources subject to external restriction on how they may be used while unrestricted net assets may be used to meet the County's ongoing obligations. The District had restrictions of $300,020 for renewal and replacement and $9,668,298 for debt service as of September 30, 2002. .o., /L,, FEB 2 200, Water and Sewer District Changes in Net Assets Revenues: Changes for services Expenses: Personal services Operating Depreciation and amortization Total expenses Operating income Net nonoperating income Income before capital contributions Capital contributions Change in net assets Net assets, beginning of year Net assets, end of year 2002 2001 50,143,593 45,934,247 13,405,114 11,615,588 18,948,754 15,932,634 13,320,682 12,672,308 45,674,550 40,220,530 4,469,043 5,713,717 1,814,609 5,779,399 6,283,652 11,493,116 30,507,324 33,376,387 -36,790,976 44,869,503 462,049,228 417,179,725 $ 498,840,204 ~462,049,228 The increase in net assets for fiscal 2002 was $36,790,976 representing an 8% increase over fiscal 2001. The growth rate of the County contributes to these increases through water and sewer impact fees on new construction and charges for services paid by all new customers. At September 30, 2002, total net assets amounted to $498,840,204 for the District, compared to $462,049,228 as of September 30, 2001. Net assets change as a result of operations, non-operating revenues and expenses, capital contributions, grants and donations. The District received water and wastewater impact fees totaling $21,732,461 during fiscal year 2002. Coupled with developer infrastructure contributions of $8,774,670 and asset contributions of $193, the District reported capital grants and contributions of $30,507,324 for the year ended September 30, 2002. The District's net operating income decreased by $1,244,674 compared to fiscal 2001. This is a result of increased depreciation on assets that went into service during the year, and late in last year, as well as increased non-capital expenditures and personal service costs. Capital Assets Water and Sewer District's Capital Assets 2002 2001 Land Building Improvements other than buildings Machinery and equipment Construction in progress 4,599,010 4,599,010 115,374,806 115,374,806 387,497,400 364,704,764 9,925,976 8,690,209 100,686,989 53,940,509 Less accumulated depreciation 618,084,181 547,309,298 (124,785,167) (112,525,064) $ 493,299,014 434,784,234 Total The District's financial statements present capital assets in two distinct groups, those that are depreciated and those that are not subject to depreciation. Buildings and equipment are examples of assets that are depreciated and land and construction in progress are examples of assets not depreciated. The District's investment in capital assets amounted to $~493,299,014, net of accumulated depreciation. This investment in capital assets, both purchased and' contributed, includes land, buildings and improvements and machinery and equipment. Investment in capital assets for the current fiscal year, net of depreciation, increased by $58,514,780, or a 13% increase over the previous year. · The District's construction in progress net increase amounted to $46,746,480 · The District's developer in~astmcmre donations amounted to $8,774,670 Additional information regarding the District's capital assets can be found in note 3 on page 16 of this report. Debt Administration At September 30, 2002, the District had total bonded debt outstanding of $78,725,000, a decrease of $4,505,000 from the previous year. The following table illustrates the changes in outstanding debt for the fiscal year ended September 30, 2002: Outstanding Debt Revenue Bonds State Revolving Fund Loans Miscellaneous Notes Total 2002 2001 $ 78,725,000 83,230,000 40,259,284 38,751,101 109,409 641,283 $ 119,093,693 122,622,384 The Constitution of the State of Florida, Florida Statute 200.181 and Collier County set no legal debt limit. Further information regarding the District's long-term debt can be found in note 4 beginning on page 16 of this report. FEB 2 200 Contact Information This financial report is intended to give the user a general overview of the Collier County Water and Sewer District's finances. Any questions resulting from review of this information may be addressed to the Collier County Clerk of the Circuit Court, Department of Finance and Accounting, 2671 Airport Road South, Court Plaza III, Suite 202, Naples, Florida 34112. Our office may also be contacted via the internet at _www.collier.cterk. fl.us. ' AG, ii NOA I TE.I~ ~ FEB 2 200 . PG., It? -i .[ -'3 COLLIER COUNTY, FLORIDA WATER A.ND SEWER DISTRICT Statement of Net Assets September 30, 2002 Current assets: Cash and investments Receivables: Trade Interest Unbilled revenue Due from county Inventory Prepaid costs Total current assets Restricted assets: Current: Cash and investments Special assessments Interest receivable Noncurrent: Special assessments Notes receivable Total restricted assets Noncurrent assets: Deferred charges Capital assets: Land and nondepreciable capital assets Depreciable capital assets, net Tot. a/noncurrent assets Total assets Current liabilities (payable from unrestricted assets): Vouchers payable Wages payable Retainage payable Due to county Compensated absences Capital leases payable Notes payable Refundable deposits Total current liabilities (payable from unrestricted assets) Current liabilities (payable from restricted assets): Vouchers payable Interest payable Due to other governments Bonds and loans payable Total current liabilities (payable from restr/cted assets) Total current liabilities Noncurrent liabilities: Arbitrage rebate Compensated absences Deferred revenue Capital leases payable Bonds and loans payable, net Total noncurrent liabilities Total liabilities Invested in capital assets, net of related debt Restricted for renewal and replacement Restricted for debt service Umes~cted Total net assets See accompanying notes to financial statements. Assets Liabilities Net Assets $ 59,223,300 3,874,647 469,847 2,066,564 19,920 1,944,981 12,020 67,611,279 64,221,239 1,079,630 438,078 5, 160,735 187,674 71.087,356 2,080,312 105,285,999 388,013,015 495,379,326 634,077,961 3,500,655 253,751 4,825,509 3,174 21,031 50,785 109,409 42,334 8,806,648 7,545,540 1,656,425 642,262 6,491,648 16,335,875 25,142,523 57,122 728,507 2,331,302 13,097 106,965,206 110,095,234 135.237,757 379,611,747 300,020 9,668,298 __. 109,260,1~[} ..,.. [ FEB 2 4 20o4 COLLIER COUNTY, FLORIDA WATER AND SEWER DISTRICT Statement of Revenues, Expenses, and Changes in Net Assets Year ended September 30, 2002 Operating revenues: Charges for services Operating expenses: Salaries and wages Employee benefits Contractual services Materials, supplies and maintenance Utilities Fertilizer, herbicides and chemicals Other operating expenses Depreciation and amortization Total operating expenses Operating income Non-operating reveni~es (expenses): Interest income Interest expense Miscellaneous revenue Loss on disposal of capital assets Total nonoperating revenues Income before capital contributions Capital contributions Change in net assets Net assets - beginning Net assets - ending See accompanying notes to financial statements. 50,143,593 9,937,228 3,467,886 3,421,783 4,709,014 3,586,313 2,432,414 4,799,230 13,320,682 45,674,550 4,469,043 7,100,665 (5,957,459) 727,618 (56,215) 1,814,609 6,283,652 30,507,324 36,790,976 462,049,228 498,840,204 9 FEB 200 I COLLIER COUNTY, FLORIDA WATER AND SEWER DISTRICT Statement of Cash Flows Year ended September 30, 2002 Cash flows from operating activities: Cash received for services Cash received on behalf of other governments Cash received from refundable deposits Cash payments to other governments Cash payments for goods and services Cash payments to employees Net cash provided by operating activities Cash flows fi-om capital and related financing activities: Connection fee collections Special assessment collections Special assessment interest Proceeds.from disposal of capital assets Proceeds from rentals Proceeds from insurance claims Proceeds from state loans Payments for capital acquisitions Principal payments on notes Principal payments on bonds Principal payments on leases Interest and fiscal agent fees paid Net cash used for capital and related financing activities Cash flows from investing activities: Interest on investments Net cash provided by investing activities Net decrease in cash and investments Cash and investments, October l, 200 l Cash and investments, September 30, 2002 Reconciliation of operating income to net cash provided by operating activities: Operating income Adjustments to reconcile operating income to net cash provided by operating activities: Depreciation expense Amortization of bond issuance costs Amortization of utility plant acquisition adjustment Increase in accounts receivable Increase in due from county Decrease in inventory Increase in vouchers payable Increase in wages payable Increase in compensated absences Increase in due to county Increase in due to other governments Increase in refundable deposits Total adjustments Net cash provided by operating activities Supplemental disclosure of non-cash investing, capital and financing activities: Capital assets contributed by developers Change in fair value of investments Net book value of assets contributed from the county Total noncash investing, capital and financing activities See accompanying notes to financial statements. l0 $ 49,417,510 2,04~,893 40,000 (1,748,113) (18,736,737) (13,253,535) 17,769,018 20,970,977 1,111,469 504,490 82,972 11,200 288,250 3,612,334 (56,909,317) (2,078,495) (4,505,000) (48,313) (5,692,754) (42,652,187) 7,473,403 7,473,403 (17,409,766) 140,854,305 $ 123,444,539 $ 4,469,043 12,798,267 461,960 60,455 (726,083) (30,600) 125,295 114,377 60,398 91,181 2,945 301,780 40,000 13,299,975 $ 17,769,018 8,774,670 1,175,580 193 9,950,443 AGI~NOA IT£1n ~ FEB 2 200 -I O) COLLIER COUNTY, FLORIDA WATER AND SEWER DISTRICT Notes to the Basic Financial Statements September 30, 2002 Summary of Significant Accounting Policies and Practices (a) Reporting Entity Collier County (the County) is a political subdivision of the State of Florida. It is governed by an elected Board of County Commissioners (the Board), which is governed by state statutes and regulations. The County owns, operates and maintains, within portions of the unincorporated areas of Collier County, the Collier County Water and Sewer District (the District). This District is legally separate, however financial support has been pledged and financial and operating policies may be significantly influenced by the County. In accordance with Governmental Accounting Standards Board (GASB) Statement No. 14, The Financial Reporting Entity, the District is a blended component unit and is included in the County's basic financial statements. Pursuant to Govemmental Accounting Standards Board (GASB) Statement No. 34, Basic Financial Statements - and Management's Discussion and Analysis - for State and Local Governments, the District is accounted for as a business-type activity within the financial statements of the County. Business type activities are those (i) where the activity is financed with debt that is secured solely by a pledge of the net revenues from fees and charges of the activity; (ii) laws or regulations require that such activity's costs of providing services, including capital costs (such as depreciation or debt service) be recovered with fees and charges, rather than with taxes or similar revenues; or (iii) the pricing policies of the activity establish fees and charges designed to recover costs, including capital costs (such as depreciation or debt service). (b) Basic Financial Statements The basic financial statements consist of the Statement of Net Assets, the Statement of Revenues, Expenses and Changes in Net Assets, and the Statement of Cash Flows. The Statement of Net Assets reports all £mancial and capital resources of the Water and Sewer District. Net assets equal assets minus liabilities, and is shown in three categories: invested in capital assets, net of related debt; restricted net assets and unrestricted net assets. The Statement of Revenues, Expenses and Changes in Net Assets reports the results of operations and shows the components of the change in net assets over the fiscal year. The Statement of Revenues, Expenses and Changes in Net Assets is divided into four sections: operating revenues, operating expenses, non-operating revenues and expenses and contributions. Operating revenues consist of charges for services, which are amounts charged to customers for a particular service. Contributions refer to revenues restricted for capital use in a particular program. (c) Measurement Focus The activities of the District are accounted for on the flow of economic resources measurement focus and use the accrual basis of accounting. Revenues are recorded when earned and expenses are recorded at the time liabilities are incurred. The District applies all applicable FASB pronouncements issued on or before November30, 1989 in accounting and re~~- c~_ ;: >_ W' ~v ....e, A{;~80~ £~ ,~ proprietary operations. In accordance ~th GASB Statement No. 20, Accounting nd~.inanc~i~_.~ I FEB 2 ZO0 , COLLIER COUNTY, FLORIDA WATER AND SEWER DISTRICT Notes to the Basic Financial Statements September 30, 2002 Reporting for Proprietary Funds and Other Governmental Entities That Use Proprietary Fund Accounting, the District has elected not to apply FASB pronouncements issued after that date. Cash, Cash Equivalents and Investments The District participates in the County's pooled cash investment program. Interest earned is allocated based on the individual funds' average daily balance in the cash pool. Pursuant to the provisions of Governmental Accounting Standards Board Statement No. 31, Accounting and Financial Reporting for Certain Investments and for External Investment Pools, all investments are stated at fair value. Cash equivalents are defined as short-term highly liquid investments with maturities of three months or less from the date purchased. Additionally, the individual fund's equity, in the cash and investment pool, are considered to be a cash equivalent. (e) Restricted Assets Certain proceeds of the District's Revenue Bonds, as well as certain resources set aside for their repayment, are classified as restricted assets on the statement of net assets because their use is limited by applicable bond covenants. The debt service restriction is used to evidence the accumulation of resources for debt service payments in the future. The renewal and replacement restriction is used to accumulate resources set aside to fund asset additions, renewals and replacements. Receivables The accounts receivable of the District are recorded net of allowances for uncollectible accounts, if any. The District's unbilled service revenues are accrued at the end of the year by prorating actual subsequent billings. (g) Special Assessments Receivable The District has assessed certain customers within the District for capital improvements benefiting only specific areas. These assessments were recorded as revenue at their inception, and are currently outstanding in the amount of $6,240,365. Inventories Inventories are comprised of materials and supplies held for use or consumption. Inventories are valued at cost, which approximates market, using the f'trst-in, first-out method. Capital Assets Capital assets purchased for use in the operations of the District are stated at cost. Contributed collection systems and equipment are recorded at fair value on the date of contribution. Depreciation is provided using the straight-line method over the est/mated useful lives of the assets rang/ng from 5-20 years for equipment, 30 years for buildings, and from 35-45 years for improvements other ~han buildings. ! ~0.~. J (2) COLLZER COUNTY, FLORIDA WATER AND SEWER DISTRICT Notes to the Basic Financial Statements September 30, 2002 Capitalization of lnterest Interest relating to the cost of constructing certain facilities is capitalized. Capitalized interest is recorded as part of the asset to which it is related, and is depreciated over the asset's estimated useful life. Interest expense of $25,860 was capitalized for the year ended September 30, 2002. Compensated Absences It is the District's policy to allow employees to accumulate an unlimited number of hours of unused sick leave and up to 240 hours of unused vacation leave. Effective March 1, 1996 the District modified the policy for sick leave pay upon termination. Employees of record on August 2, 1996, may be granted a sick leave payment upon termination for any service period earned prior to August 2, 1996. No employee hired after August 2, 1996, shall receive payment for accrued sick leave upon termination. At September 30, 2002, the liability relating to vested unused sick leave and the full amount of the allowable accumulated vacation leave-has been accrued as a long-term liability. (1) Bond Issuance Costs and Bond Discounts Bond issuance costs are recorded as deferred charges, whereas bond discounts are recorded as a reduction of the face amount of revenue bonds payable. Both bond issuance costs and bond discounts are amortized over the term of the related bond issues using the straight-line method. (m) Deferred Loss on Debt Refunding Losses resulting from current or advance refundings of debt are deferred and amortized over the shorter of the life of the new debt or the remaining life of the old debt. The amount deferred is reported as a reduction of' the debt and the amount amortized is reported as a component of interest · expense. (n) Use of Estimates Management of the District has made a number of estimates and assumptions relating to the reporting of assets and liabilities to prepare these financial statements in conformity with accounting principles generally accepted in the United States of America. Actual results could differ from those estimates. Cash, Cash Equivalents and Investments The County maintains a cash and investment pool that is available for use by all funds. Each fund's portion of this pool is displayed on the statement of net assets under the heading of Cash and Investments. Investment income is allocated monthly to participating funds based on the percentage of each fund's average daily balance in the total pool. At September 30, 2002, the District's share of the cash and investment pool was $123,443,539. Deposits All cash deposits are held in qualified public depositories pursuant to Flor/da Statutes Cl~apt~-_980, //~U.. ~ "Florida Sectwity for Public Deposits Act". Under the Act, all qualified public depositories are l~.qu~r[,cbt Z 200 -i --I COLLIER COUNTY, FLORIDA WATER AND SEWER DISTRICT Notes. to the Basic Financial Statements September 30, 2002 pledge eligible collateral having a market value equal to or greater than the average daily or monthly balance of all public deposits, times the depository's collateral pledging level. The pledging level may range tYom 50% to 125% depending upon the depository's financial condition. Any losses to public deposits are covered by applicable deposit insurance, sale of securities pledged as collateral, and if necessary, assessments against other qualified public depositories of the same type as the depository in default. At September 30, 2002, the District's share of demand deposits had a book balance and a bank balance of $1,635,130 and $2,366,823, respectively. These deposits were fully covered by federal depository insurance or by collateral, in the County's name as required by Sections 280.07 and 280.08 of the Florida Statutes. Investments Florida Statutes 125.31, and the Countys' investment policy, which was adopted by County Ordinance 87- 65, govern the District's investment practices· The District is authorized to invest in obligations of the U.S. Treasury, its agencies and instrumentalities, commercial paper, banker's acceptances, repurchase agreements, certificates of deposits, and the Local Government Surplus Funds Trust Fund. The Local Government Surplus Funds Trust Fund (SBA) is maintained by the State of Florida. The District invested in the SBA throughout the year, and had a balance in the pool as of September 30, 2002. The SBA met the Governmental Accounting Standards Board's definition of a "2a-7 like" pool as of September 30, 2002. Therefore, the investment balance was valued at amortized cost, which constituted fair value at September 30, 2002. As with any investment, the securities held by the District are sensitive to different elements of risk. The major risks are market, legal and credit risk. Market risk relates to the risk that the market value of an investment will decline during the life of the investment. The level of market risk is determined by such factors as length of time before the investments mature and the likelihood of an investment being sold before its maturity in order to meet operational requirements. Legal risk is the exposure to a transaction being determined to be prohibited by: law, regulation or contract. Management believes the level of legal risk exposure to the District's portfolio is minimal. Credit risk relates to whether or not the District will be able to recover its investments in a security at the security's maturity date. The District's investments are 'categorized to provide an indication of the level of credit risk assumed by 'the District. Category 1 includes investments that are insured, registered or coIlateralized with securities held by the District or its agent in the District's name. Category 2 includes uninsured and unregistered investments for which the securities are held by the counterparty's trust department or agent in the County's name. Category 3 includes uninsured and unregistered investments for. which secmnt~es are held by the counte a or b its trust de artment or a en ' · ' ' rp rty y ' p g t, but nix m ~t~s.~ name. Investments that are not ex4denced by securities in physical or book entry form ar4no~~ / / FEB 2 COLLIER COUNTY, FLORIDA WATER AND SEWER DISTRICT Notes to the Basic Financial Statements September 30, 2002 At September 30, 2002, the District's share of investments was categorized as follows: Credit risk category Fair value Category 1: U.S. Agency Securities $ 74,380,790 U.S. Treasury Obligations 37,056,221 Total Category 1 111,437,011 Not categorized: Local Government Surplus Funds Trust Fund Total not categorized Total investments, including cash equivalents- 10,371,398 10,371,398 121,808,409 A reconciliation of cash and investments to the Dislrict's basic financial statements, as of Sept'ember 30, 2002 is as follows: Change funds and petty cash $ Demand deposits Investments, including cash equivalents Total cash and investments $ Current: Cash and investments $ Restricted: Cash and investments Total cash and investments 1,000 1,635,130 121,808,409 123,444,539 59,223,300 64,221,239 123,444,539 AGI:80A I1'£1~" ' No.. /Z, ~ ~ FEB 2 4 200 COLLIER COUNTY, FLORIDA WATER AND SEWER DISTRICT Notes to the Basic Financial Statements September 30, 2002 (3) Capital Assets Capital asset activity for the year ended September 30, 2002 is as follows: Capital assets not being depreciated: Land and other non-depreciable assets $ Construction in progress Total assets not depreciated Capital assets being depreciated: Buildings Improvements other than buildings Machihery and equipment Total assets depreciated Less accumulated depreciation Total depreciable assets, net Total capital assets, net $ October 1, 2001 Additions Deductions 4,599,010 -- __ 53,940,509 61,498,034' 14,751,554 58,539,519 61,498,034 14,751,554 115,374,806 -- 364,704,764 22,792,636 8,690,209 1,913,118 September 30, 2002 4,599,010 100,686,989 105,285,999 -- 115,374,806 -- 387,497,400 677,351 9,925,976 488,769,779 24,705,754 677,351 512,798,182 112,525,064 12,798,267 538,164 124,785,167 376,244,715 11,907,487 139,187 388,013,015 434,784,234 73,405,521 14,890,741 493,299,014 (4) Long-Term Obligations (a) Summary of Changes in Long-Term Obligations The following is a summary of changes in the District's revenue bondg, notes payable, compensated absences, capital leases and arbitrage rebate for the year ended September 30, 2002: October 1, Additions, September 30, Due within 2001 net Reductions 2002 one year Bonds payable $ 83,230,000 -- (4,505,000) 78,725,000 4,280,000 Unamortized discount (loss) (6,040,552) -- 513,122 (5,527,430) -- Notes payable 39,392,385 3,586,677 (2,610,369) 40,368,693 2,321,057 Compensated absences 658,357 91,181 -- 749,538 21,031 Capital leases 125,892 -- (62,010) 63,882 50,785 Arbitrage rebate 23,710 33,412 -- 57,122 -- Totals $ 117,389,792 3,711,270 (6,664,257) 114,436,805 6,672,873 Bonds and notes outstanding at September 30, 2002, mature in varying amounts during succeeding fiscal years through 2024. Interest rates vary from 3.0% to 7.15% on revenue bonds, and 2.65% to 7.00% on notes payable. , AC~E~ IT£1't .._ 16 FEB 2 J. Continued) COLLIER COUNTY, FLORIDA WATER AND SEWER DISTRICT Notes to the Basic Financial Statements September 30, 2002 Summary of Debt Service Requirements to Maturity The annual debt service requirements to maturity September 30, 2002 are as follows: for all bonds and notes District Revenue Bonds Principal Interest 2003 $ 4,280,000 4,051,029 2004 4,475,000 3,848,329 2005 4,270,000 3,631,942 2006 4,480,000 3,417,502 2007 4,715,000 3,184,212 2008-2012 26,005,000 11,877,839 2013-2017 23,230,000 4,958,486 2018-2022 7,270,000 978,337 2023-2027 __ Totals $ 7.~8,725,000 35,947,676 District Notes Payable Principal 2,032,623 2,012,202 2,134,088 2,216,865 2,302,980 12,933,561 9,903,923 6,679,716 152,735 40,368,693 Interest 1,381,445 1,443,676 1,401,090 1,318,314 1,232,198 4,742,328 2,468,983 638,469 5,867 14,632,370 outstanding at Total 11,745,097 11,779,207 I 1,437,120 11,432,68 I l 1,434,390 55,558,728 40,561,392 15,566,522 158,602 169,673,739 17 FEB 2 200, COLLIER COUNTY, FLORIDA WATER AND SEWER DISTRICT Notes to the Basic Financial Statements September 30, 2002 Descriptions of Bond Issues and Notes Payable Revenue bonds payable and notes payable at September 30, 2002 consisted of the following: Revenue Bonds $24,225,000 1994 Taxable Collier County Water and Sewer Refunding Revenue Bonds, due in annual installments of $375,000 to $2,315,000 through July 1, 2010; interest at 3.35% to 6.85%. Principal and interest are payable from the net operating revenues of the system, system development fees and special assessment collections. $ $40,320,000 1994 Collier County Water and Sewer Refunding Revenue Bonds, due in annual installments of $55,000 to $4,315,000 through July 1,2021; interest at 3.00% to 5.25%. Collateralized by a parity first lien on the pledged revenues listed on the $24,225,000 1994 Taxable Collier County Water and S~wer Refunding Revenue Bonds. $6,605,000 1999A Collier County Water and Sewer Refunding Revenue Bonds due in annual installments of $35,000 to $1,035,000 through July I, 2010; interest at 3.00% to 4.25%. Collateralized by a parity first lien on the pledged revenues listed on the $24,225,000 1994 Taxable Collier County Water and Sewer Refunding Revenue Bonds. $22,855,000 1999B Collier County Water and Sewer Refunding Revenue Bonds due in annual installments of $950,000 to $1,875,000 through July 1, 2016; interest at 4.00% to 5.125%. Collateralized by a parity first lien on the pledged revenues listed on the $24,225,000 1994 Taxable Collier County Water and Sewer Refunding Revenue Bonds. Total District revenue bonds Unamortized bond discount Deferred loss on bond refundings District revenue bonds Less current portion of bonds payable from restricted assets Long-term portion of District revenue bonds $ 14,920,000 37,585,000 6,325,000 19,895,000 78,725,000 (1,614,386) (3,913,044) 73,197,570 (4,280,000) 68,917,570 COLLIER COUNTY, FLORIDA WATER AND SEWER DISTRICT Notes to the Basic Financial Statements September 30, 2002 Notes Payable $5,890,100 note payable to a private water and sewer company, payable through use of water and sewer system development fee credits by company or its assignees, or to the extent of unused credits, payable at the current cash value of the credits (minimum of the original face value) in 2006. Non-interest bearing note; interest imputed at 7.00% $569,974 County and Water Sewer District agreement with private developers payable through use of water and sewer system development fee credits. Non-interest bearing agreement. $166,580 County and Water Sewer District agreement with private developers payable through use of water and sewer system development fee credits. Non-interest bearing agreement. $14,547,667 County Water and Sewer District State Revolving Fund Loan interest payable at 4.25'% repayable in 20 annual payments commencing October 1, 1992; collateralized by a lien on pledged revenues consisting of net revenues (as defined in the loan resolution) from the operations of the County water and sewer system, proceeds derived from the levy of special assessments lev/ed upon the properties benefited by the project, system development fees and connection fees. The lien shall be subordinate in all respects to liens placed upon pledged revenues established by bonded indebtedness. $13,292,898 County Water and Sewer District State Revolving Fund Loan interest payable at 2.65% repayable in 40 semiannual payments commencing January 15, 1999; collateralized by a lien on pledged revenues consisting of net revenues (as defined in the loan resolution) from the operations of the County water and sewer system, system development fees and connection fees. The lien shall be subordinated in all respects to liens placed upon pledged revenues established by bonded indebtedness. $22,170,032 County Water and Sewer District State Revolving Fund Loan interest payable at 3.05% repayable in 40 semiannual payments commencing November 15, 2001; collateralized by a lien on pledged revenues consisting of net revenues (as defined in the loan resolution) from the operations of the County water and sewer system, system development fees and connection fees. The lien shall be subordinated in all respects to liens placed upon pledged revenues established by bonded indebtedness.. 2,391 52,983 54,035 8,506,320 11,453,622 19,118,567 AGCNOA I~o.. /~, ~- ~.~ FEB 2 200, COLLIER COUNTY, FLORIDA WATER AND SEWER DISTRICT Notes to the Basic Financial Statements September 30, 2002 Notes Payable $6,082,775 County Water and Sewer District State Revolving Fund Loan interest payable at 3.05% repayable in 40 semiannual payments commencing October 15, 2004; collateralized by a lien on pledged revenues consisting of net revenues (as defined in the loan resolution) from the operations of the County water and sewer system, system development fees and connection fees. The lien shall be subordinated in all respects to liens placed upon pledged revenues established by bonded indebtedness. Total District notes payable Less current portion of notes payable from unrestricted assets Less current portion of notes payable from restricted assets Long-term portion of District noies payable (net) $ 1,180,775 40,368,693 (109,409) (2,211,648) $ 38,047,636 (d) New Debt Issues The District borrowed $3,586,677 on two State Revolving Fund Loans, both with an interest rate of 3.05%, repayable in 40 semiannual payments commencing November 15, 2001 and October 15, 2004, respectively. (e) Restrictive Covenants Official statements and County resolutions authorizing the revenue bonds establish certain accounts and determine the order in which certain revenues are to be deposited into those accounts, as well as establish reserve requirements. Management believes that all required balances were maintained. Water and sewer revenue bonds are payable solely from and secured by a first lien upon and pledge of the net revenues and certain other fees and charges derived from the operation of the District. The pledge of the net revenues derived from the operation of the District's Water and Sewer System does not constitute a lien upon the Water and Sewer System or any other property of the County. The covenants of the resolutions authorizing the County Water and Sewer District Bonds, Series 1994, 1999A and 1999B include, among other things, an obligation for the District to fix, establish and maintain such rates and collect such fees, rentals or other charges for the services and facilities of the water and sewer system, and to revise the same from time to time whenever necessary, so as to always provide in each year net revenues, as defined in the resolutions authorizing the revenue bonds, which together with the system development fees and special assessment proceeds received in each fiscal year, shall be adequate to pay at least 125% of the annual debt service requirements for the Water and Sewer Revenue Refunding Bonds; provided, however, that net revenues in each fiscal year shall be adequate to pay at least 100% of the annual debt service for the bonds. In the opinion of management, the District was in compliance with these covenants for the year ended September 30, 2002. .0. /~, ~ FEB 2 q 200 20 tm',~,,,i.,,,.~,~ I (5) Defeased Debt COLLIER COUNTY, FLORIDA WATER AND SEWER DISTRICT Notes to the Basic Financial Statements September 30, 2002 (6) The District has defeased certain outstanding bond issues by placing the proceeds of new bonds in irrevocable trusts to provide for all future debt service payments on the defeased debt. Accordingly, the trust accounts and the defeased bonds are not included in the District's financial statements. At September 30, 2002, the following issue is considered defeased: 1983 County Water and Sewer District Refunding Bonds $ 13,445,000 Employee Retirement Plan Substantially all full-time and part-time employees of the District are eligible to participate in the State of Flor/da Retirement System (the System), a cost-sharing, multiple-employer defined benefit plan, administered by the State of Florida, Division of Retirement. The System is a defined benefit plan for all state, and participating county, district school board, community college and university employees. The District follows the provisions of GASB 27, Accounting for Pensions by State and Local · Governmental Employers, as described in the follow/ng disclosure. Employees who are regular risk members and retire at or after age 62 with 10 years of credited service, or with 30 years of service regardless of age, are entitled to a retirement benefit, payable monthly for life, equal to 1.6% of their average final compensation for each year of credited service. Final average compensation is the employee's average of the five highest years of salary earned during credited service. .Vested employees may retire before age 62 and receive benefits that are reduced 5% for each year prior to normal retirement age or date. The System also provides death and disability benefits as well as annual cost-of-living adjustments to plan participants and beneficiaries. The Florida Legislature established the System under Chapter 121, Florida Statutes and Chapter 22B, Florida Administrative Code. The Florida Legislature has sole authority to amend benefit provisions. The Deferred Retirement Option Program (DROP) is a program that provides an alternative method for payment of retirement benefits for a specified and limited period for members of the System, effective July 1, 1998. Under this program, the employee may retire and have their benefits accumulate in the Florida Retirement System Trust Fund, earning interest, while continuing to work for a System employer. The act of participating in the program does not change the individual employee's employment conditions. When the DROP period ends, a maximum of 60 months, employment must be terminated. At the time of termination of employment, the employee will receive payment of the accumulated DROP benefits, and begin receiving their monthly retirement benefit (in the same amount determined at retirement, plus annual cost-of-living increases). The System publishes an unaudited annual report that provides ten-year historical trend information regarding progress made in accumulating sufficient assets to pay benefits when due. The report may be obtained by writing to Research Education and Policy Section, 2639-C North Monroe Street, Tallahassee, Florida 32399-1560, or by calling (850) 488-5706, or accessing their internet website at www. frs.state.fl.us/frs/public/pub.htm. AG~_ I~:) ~. IT£~ FEB ?3 .3 (7) (8) COLLIER COUNTY, FLORIDA WATER AND SEWER DISTRICT Notes to the Basic Financial Statements September 30, 2002 The System is non-contributory for employees and the District is required to contribute at an actuarially determined rate. During the fiscal year, the effective rate was 10% of annual covered payroll. The contributions of the District are established by the State Legislature and therefore subject to amendment. The District's contributions to the System for the years ending September 30, 2002, 2001 and 2000 were $718,902, $672,956 and $641,563, respectively, which is equal to the respective annual requirements. Self-Insurance Programs The District is exposed to various risks of loss related to tort: theft of, damage to, and destruction of assets; errors and omissions; injuries to employees; and natural disasters. A self-insurance internal service fund is maintained by the County to administer insurance activities relating to workers' compensation, health and property, and casualty. Under these programs, the self-insurance fund provides coverage up to a maximum amount for each claim of: Claim type Property damage claims Auto liability claims Employee health claims Workers' compensation claims County's coverage $ 100,000 each 100,000 each 175,000 each 150,000 each Excess carrier's coverage $100,000-$335,224,806 $100,000- $1,000,000 $175,000 -$1,000,000 $150,000-$400,000 The County purchases commercial insurance for claims in excess of coverage provided by the self~ insurance fund and for all other covered risks of loss. The aggregate loss exposure on property, casualty and workers' compensation claims is $2,000,000. Settled claims have not exceeded the insurance provided by third-parties carriers in any of the past four years. All divisions of the County, excluding the Sheriff, participate in this program. Charges to operating depa~unents are based upon amounts believed by management to meet the required annual payouts during the fiscal year and to pay for the estimated operating costs of the programs. For the year ended September30, 2002, the District was charged approximately $244,000, $1,816,000 and $993,000, respectively, for workers' compensation, health and property and casualty self-insurance programs, which were equal to the respective annual requirements. Intergovernmental Transactions The District purchases billing services, construction management services and other administrative services from the Collier County, Florida Board of County Commissioners. During the year ending September 30, 2002, the District purchased services in the amount of $2,091,309. Such amounts are included in operating expenses in the accompanying statement of revenue, expenses and changes in net assets or have been capitalized as part of construction projects. FEB. 2 200/ (10) COLLIER COUNTY, FLORIDA WATER AND SEWER DISTRICT Notes to the Basic Financial Statements September 30, 2002 (9) Commitments and Contingencies (a) Litigation The District is involved in certain litigation and claims as defendant or plaintiff arising in the ordinary course of operations. In the opinion of legal counsel, the range of potential recoveries or liabilities will not materially affect the accompanying basic financial statements at September 30, 2002. (3) Construction Commitments At September 30, 2002, the District had outstanding construction commitments of $73,864,536 relating to the construction and acquisition of improvements for the Water and Sewer Systems. (c) State and Federal Grants Grant monies received and disbursed by the District are for specific purposes and are subject to review by the grantor agencies. Such audits may result in requests for reimbursement due to disallowed expenditures. Based upon prior experience, the District does not believe that such disallowances, if any, would have a mater/al effect on the financial position of the District. (d) ~4rbitrage Rebate In accordance with the Tax Reform Act of 1986, any interest earnings on borrowed construction funds, in excess of the interest cost, are required to be rebated to the federal government. The Districts have an estimated liability of $57,122 as of September 30, 2002. This amount has been reflected as a reduction of interest income. Changes in Accounting Principles Effective October 1, 2001, the District implemented the provisions of GASB No. 34, Basic Financial Statements - and Management's Discussion and ~4nalysis -for State and Local Governments; as amended by GASB Statement No. 37, Basic Financial Statements - and Management's Discussion and Analysis - for State and Local Governments: Omnibus; and Statement No. 38, Certain Financial Statement Note Disclosures. Implementation of these provisions resulted in the inclusion of a Management's Discussion and Analysis, the use of the direct method for cash flows and certain reclassifications to beginning net assets. 23 AG~ t4DA IT~N Il, e_. % FEB 2 200 SUPPLEMENTAL INFORMATION (Unaudited) AG[?~ ]T£# FEB ~ ~ ~00~ COLLIER COUNTY, FLORIDA WATER AND SEWER DISTRICTS Senior Debt Bond coverage September 30, 2002 (Unaudited) The following is a computation of the District's senior obligation bond coverag, e for fiscal 2002: Operating revenue Interest income (excluding special assessment interest) Gross revenue Operating expenses before depreciation and amortization Net revenue Syste~m development fees ' Special assessment proceeds (including interest) (I) Total amount available for debt service Senior debt service requirements (2) Bond coverage computation (3) Bond coverage computation (4) Col/llty water and sewer $ 50,143,593 7,100,665 57,244,258 32,353,868 24,890,390 21,751,151 77,451 $ 46,718,992 $ 8,331,029 561% 299% (1) (2) (3) Proceeds from special assessments levied upon the properties benefited by the projects funded by the senior indebtedness. Amount of principal and interest due in the current fiscal year for senior indebtedness. Total amount available for debt service divided by the revenue bond requirements must be greater than 125% for the County Water and Sewer District. (4) Net revenue divided by the revenue bond requirements must be greater than 100%. AG~:t~OA IT£H, ~/ FEB 2 200 COLLIER COUNTY, FLORIDA WATER AND SEWER DISTRICTS Senior Debt Bond coverage September 30, 2002 (Unaudited) A computation of debt coverage for the District's subordinated debt for fiscal year 2002 is as follows: Operating revenue Interest income (excluding special assessment interest) Gross revenue Operating expenses before depreciation and amortization Net revenue System development fees Special assessment proceeds (including interest) (1) Total amount available for debt service Subordinated debt service requirement (2) Total debt service requirement (3) Bond coverage computation (4) Bond coverage computation (5) County water and sewer 50,143,593 7,100,665 57,244,258 32,353,868 24,890,390 21,751,151 1,538,508 48,180,049 3,414,068 11,745,097 1,411% 410% (1) (2) (3) (4) (5) Proceeds from special assessments levied upon the properties benefited by the projects funded by the subordinated debt. Amount of principal and interest due in the current fiscal year for subordinated debt. Amount of principal and interest due in the current fiscal year for both the senior and subordinated debt. Total amount available for debt service, div/ded by the annual debt payment, must be greater than 125% pursuant to the requirements of the Wastewater Treatment and Stormwater Management Revolving Loan Fund Agreement. Total amount available for debt service, divided by all additional debt service requirements, must be greater than 115%. This includes the revenue bond requirements for both the senior and subordinated County Water and Sewer debt pursuant to the requirements of the Wastewater Treatment and Stormwater Management Revolving Loan Fund Agreement. EXECUTIVE SUMMARY APPROVE WORK ORDER UC-093 TO MITCHELL & STARK CONSTRUCTION COMPANY, INC. FOR UNDERGROUND UTILITY CONTRACTING SERVICES RELATED TO THE SOUTH COUNTY REGIONAL WATER RECLAMATION FACILITY, INJECTION WELL IW-2, PROJECT 73154. OBJECTIVE: To provide additional effluent disposal capacity commensurate with the on- going expansion of the South County Water Reclamation Facility (SCWRF). CONSIDERATIONS: On June 25, 2002, Agenda Item 16 (C) 1, the Board of County Commissioners approved Amendment 14 to the Professional Services Agreement with Hole Montes Inc., and Task Order 4 with Youngquist Brothers, Inc., to perform work related to construction of a second injection well at the SCWRF. The proposed injection well (IW-2) will be used to provide additional capacity to the existing effluent disposal system, which includes on-site storage, off-site reuse, off-site storage and disposal, and the existing injection well IW-1. The work covered under thi~ Work Order includes installation of a new 30" reclaimed water main, construction of a 30" flow meter/control valve assembly and well-head assembly for the new injection well, IW-2. Staff solicited quotes from four firms currently under contract for providing Underground Utility Construction Services. Of the four quote requests, two were received along with one no-quote response. Our consultant, Hole Montes, recommends issuing a work order to, Mitchell & Stark Construction Company, Inc. (copy of letter attached). With consideration given to the scope of work and coordination required with the well driller and the on-going SCWRF Expansion, Hole Montes considers the price to be fair and reasonable. Staff concurs and recommends awarding to lowest qualified responsive finn. The quotes are as follows: Mitchell & Stark Construction Company, Inc. Douglas N. Higgins, Inc. $396,550 $517,450 Work order UC-093 to Mitchell & Stark Construction Company, Inc., is prepared (copy attached) to perform this work. FISCAL IMPACT: Funds in the amount of $396,550 are available in County Wastewater Capital Projects. Source of funds are Wastewater Impact Fees. Funds for this project are included in the FY 04 Capital Improvement Budget, adopted by the Board September 18, 2003. GROWTH MANAGEMENT IMPACT: This project is needed to meet future wastewater management needs in the south service area, and is consistent with the 2002 Wastewater Master Plan Update adopted by the Board February 25, 2003, Item 10(A). RECOMMENDATIONS: That the Board of County Commissioners, as the Ex-officio Governing Board of the Collier County Water-Sewer District, approve and authorize the Public Utilities Engineering Department Director to execute Work Order UC-093 with Mitchell & Stark Construction, Inc. [ A~A IT[Iq . . FEB 2 200/, Executive Summary Work Order UC-093 Page 2 SUBMITTED BY: ~~2K~ Date: Alicia Abbott, Project Manager, Public Utilities Engineering, Thomas G Wides, Director, Public Utilities Fiscal Operations Roy B. Anderson, P.E., Director, Public Utilities Engineering Stephen Y. ~aarn~t~ purchasing Director REVIEWED BY: (~~x0~ ~ Date: Joseph B. Che]tl~am, ~qastewater Dire;to~5/~ APPROVED By~ , P~ubh~~lstrator Date: Jame~y, P.[. ' ' ' '~S 2_-1o FEB 2 ~ 200~, Feb 10 04 03:45p HOLE HOHTES, IHC. 239-254-209? HOLE MONTES I~N~-II'~EERS. ~-L.'W~RS 9,50 Encore Way - Naples, Florida 3~110 · Phor~ 239.254.2000 · Fax: 239.254.2097 February ] O, 2004 Alicia Abbott, Project Manager Collier County Public Utilities Engineering Dept 3301 Tamiami Tr E., Bldg H Naples FL 34112 EVALUATION OF BIDS FOR CONSTRUCTION SUPPORT FACILITIES FOR DEEP INJECTION WELL NO. 2 COUNTY CONTRACT NO. 02-3345 HM File No.: 2002.069 Dear Alicia: We have reviewed the two .~uotes received by the Collier County Public Utilities Engineering Department on February 9~ for the referenced project. Each quotation was checked for mathematical errors, and both quotes as submitted were correct. Mitchell & S~rk Construction Company, Inc. submitted the lowest quote of $396,$$0.00. The other quote was from D.N. Higgins, Inc. in the amount of $521,950.00. The contramor is required to coordinate his work with the well driller for Deep Well No. 2 and with the on-going facility expansion project by MWH. In light of the scope of work and the required coordination, we consider the lowest quote fair and reasonable. Mitchell and Stark has experience with previous County projects of this size and type, and we understand this experience has been positive. Therefore, Hole Montes recommends issuance of the Work Order to Mitchell & Stark Construction Company, Inc. for $396,550.00. If you have any questiOns, please let me know. Very truly yours, III, P.E. Di~ctor, Projec! Management HCP:Iik CC: Lyn Wood, Collier County Purchasing Ron Benson, Hole Montes Jerry Taricska, Hole Montes Kirk Martin, CDM Missimer C:~Document~ and Sctliags~2~rancyJutras~&ocaJ Settiass\Temporary Interact I~iles\OLKTF~20040210-ma. ContraetAwatd llz.doc Nal)les · Fod Myers · Venice · Englewood Mitchell & Stark Construction Company, XXContractors and Engineers since 1955" 6001 Shirley Street, Naples, Florida 34109 Inc. To: ~Fax: From: Date: Pages: Re: Administrative Services Division - Purchasing Department Lyn M. Wood, C.P.M., Purchasing Agent 239-732-0844 Mike Westhafer 2/9/04 3 Request for Quotations Under Contract #02-3345 "Annual Contract for Underground Utility Contracting Services" South County Water reclamation Facility Support Facilities for Deep Injection Well No. 2 Dear Ms. Wood: Following is our quotation for the referenced work. Please let us know if you have any questions or need anything else. We look forward to your favorable response. Thanks, Mike Westhafer ph. 239-597-2165 x26 fax 239-566-7865 08:24 From-Collier County Purchasin~ 941 732 0844 T-208 P.OO3/OtZ F-210 Collier County Purchasing Department Contract No. 02-3345 QUOTES DUE ON Februmy 9, 2004 ADDENDUM #1 · QUOTE FORM SUPPORT FACBLITIES FOR DEEP INJECTION WELL NO. 2 SOUTH COUNTY WATER RECLAMATION FACILITY Lump Sum Bid Description Items Amount Bid Perform all Site Work and storm drainage Work descn'bed in the Contract Documents except Work identified as a Bid Alternate or Contract Allowances, ~:~ L~I I_ga Perform all other Work described_in ._the Comrac~ Do'cuments exceptWork idendfied_~~JKelIha!¢_~ COntract Allowances. 2 3 Contract Allowance for inspection, adjustment, testing and repair of existing 16-inch pressure relief valve for Deep Injection Well No. I as descn'bed in the SpecificaQons. Contract Allowance equal to five (5%) percent of the mount bid for Bid Items 1 and 2. This Allowance to be ayail~hle at Cotton's discrerlon to use for unforeseen conditions and needs. $9,000.00 4 Pa)anent and Performance Bonds Total BaseBid-Bid Items 1, 2, Additive Bid Su.ppJy_Cg~Install 12-inch storm drainage piping and two Alternate-- mitered _end seC:ious., as Adeurifie~l~ on_the_Contract · t[q / Approximately 110 Linear Feet- Price per LF. which L.~ includes allowance for the two end sections, Total - Base Bid and Additive Bid Alternate: FEB 2 q COLLIER COUNTY FLORIDA REQUEST FOR QUOTATIONS UNDER CONTRACT # 02-3345 "Annual Contract for Underground Utility Contracting Services" South County Water Reclamation Facility Support Facilities For Deep Injection Well No. 2 PROPOSAL PAGE DUE DATE: February, 9~ 2004 at 4:00 p.m. The undersigned, as quoter, hereby declares that he has examined the specifications and informed himself fully in regard to all terms and conditions pertaining to the project and, if this Proposal is accepted, to furnish same in full, according to the specifications and drawings for the South County Water Reclamation Facility Support Facilities For Deep Injection Well No. 2. IN WITNESS WHEREOF, WE have hereunto subscribed our names on this 2004 in the County of (.~l £~- ., in the state of 1: Firm's Complete Legal Name Phone No. Email: i~?e-.,'o,'~e--r' 0~ t~.~¥r_J~e.~ 5'~r~'P--. Address fl, City, State, Zip BY: Title Name Typed/Printed Date ' ' l'fl~Ol IT[~ '" ' ' no. 4 FEB 2 6 200, PG- "UNDERGROUND UTILITY CONTRACTING SERVICES" Contract #02-3345, Dated May 28, 2002 This Work Order is for general contracting services, subject to the terms and conditions of the Contract referenced above, for Work known as: South County Water Reclamation Facility Iniection Well PROJECT: The work is specified in the proposal dated February 9, 2004 from Mitchell & Stark Construction Company, Inc., which is attached hereto and made apart of this Work Order. In accordance with Terms and Conditions of the Agreement referenced above, Work Order # UC- 093 is assigned to Mitchell & Stark Construction Company, Inc. Scope: Contractor to supply labor and material Task I: Perform all site work and storm drainage Task I (a) Perform all other work described in the contract documents Task I1: Contract Allowance valve repair Task III Contract Allowance for unforeseen conditions (5%) Task IV Payment and Performance Bonds Task V Bid alternate Schedule of Work: Task I, site-work and storm drainage, shall be complete within 21 calendar days from the notice to proceed date. Final completion of all other work shall be within 7 months from issue of the notice to proceed. ..Li.quidated Damaqes: The contractor shall pay liquidated damages, in the amount of $500 per day for each day the contractor fails to reach completion of Task I (site-work and drainage). The contractor shall pay liquidated damages, in the amount of $500 per day for each day the contractor fails to reach final completion as required by this work order. Compensation: In accordance with Item 4 of the Agreement, the County will compensate the Firm in accordance with the negotiated lump sum amount provided in the schedule below, and per bid tabulation attached. Task I: $ 40,000 Task I(a) $322,000 Task II $ 9,000 Task III $ 18,100 Task IV $ 2,500 TaskV $ 4,950 TOTAL FEE: $396,550 Any change made subsequent to final department approval will be considered an additional service and charged acCording to an executed Change Order as enumerated in Exhibit D of the Agreement. PREPARED BY: REVIEWED BY: REVIEWED BY: APPROVED BY: Approved as to Form and Legal SufficiencY:r~ ~ A~ssistant C'ounty Attorney Alicia Abbott, Project Manager Pu~i/c) Utilit~s Engineering Departm.e>nt .~phed Y Carnet~, Pprchasigg D~rector O(~eph ~. Cheatham, Wastewater Director Date Date Date Roy B. Anderson, P.E., Public Utilities Engineering Director Date Date: '~---I ~ -- ~1... ATTEST: ~;~5~ Name of Firm A~dCNDA XT£~ FEB 200 , EXECUTIVE SUMMARY APPROVE WORK ORDER ABB-FT-04-04 TO AGNOLI, BARBER AND BRUNDAGE (ABB) IN THE AMOUNT OF $158,150.00 FOR ENGINEERING SERVICE FOR THE DESIGN AND CONSTRUCTION INSPECTION OF A MASTER PUMP STATION UNDER CONTRACT 01-3290 - FIXED TERM PROFESSIONAL ENGINEERING SERVICES, PROJECT 73153. OBJECTIVE: Approve a work order for Engineering Service for design and construction inspection of a Master Pump Station. CONSIDERATIONS: On June 10, 2003, the Board of County Commissioners approved the purchase of a 1.65-acre site on Immokalee Road for a Wastewater Master Pump Station under agenda item 16 C 13. In accordance with the procurement policy of Collier County, and under contract 01- 3290, Fixed Term Professional Engineering Services, dated September 10, 2002, work orders over $90,000.00 must be approved by the Board of County Commissioners. Staff requested a proposal from ABB to provide Engineering services related to the design, permitting, and construction services to build this Wastewater Master Pump Station at the above site. Staff received a proposal of $158,150 for this service and found it fair and reasonable on the basis that this cost is inclusive of design and inspection service and is approximately 13% of the construction cost of a Master Pump Station. In current dollars, the construction cost to build a Master Pump Station in Collier County is estimated to be $1.2 Million. FISCAL I~'IPACI': Funds totaling $158,150 are available in project 73153 Master Pump Station at Immokalee Road Area B. The source of funds is Sewer Impact Fees. GROWTH MANAGEMENT IMPACT: This project is included in the 2002 Water and Wastewater Master Plan Update adopted by the Board on February 25, 2003 and is consistent with the current Fiscal Year capital improvement budget approved by the Board of Collier County Commissioners on September 18, 2003. RECOMMENDATIONS: That the Board of County Commissioners, as Ex-officio the Governing Board of the Collier County Water-Sewer District: 1. Approve work order ABB-FT-04-04 in the amount of $158,150 to ABB. 2. Authorize the Public Utilities Engineering Director to execute the necessary work order. SUBMITTED BY: S'r~!L~!Pro~nager DATE: Public Utilities Engineering Department Executive Summary Approve Work Order for ABB Page 2 REVIEWED BY: REVIEWED BY: vv'il'li~'m"~."l~Ullin,-P. E., Principal Project Manager Public Utilities Engineering Department Roy B Anderson, P.E., Director Public Utilities Engineering Department REVIEWED BY: Stephen Y. Carnel~'Purchasing Director Purchasing/General Services Department REVIEWED BY: (~ ~ DATE: ./ Cheatham, Wastewater Director stewater Department APPROVED BY: ~ g'c/~ ~ ~ ~ATE: ~ J~es W. DeLony, P.E., ~dministrat r ~blic Utilities Division ~ FEB 2 200 WORK ORDER # ABB-FT-04-04 Agreement for Fixed Term Professional Engineering Services Dated September 10, 2002 (Contract #01-3290) This Work Order is for professional engineering services for work known as Master Pump Station at Immokalee Road East Area B (Reason for Proiect) To construct a Wastewater Master Pump Station as intended by the Master Plan to accommodate the future qrowth. The work is specified in the proposal dated February 2, 2004, which is attached hereto and made a part of this Work Order as Exhibit A. In accordance with the Terms and Conditions of the Agreement referenced above, Work Order # ABB-FT-04-04 is assigned to A.qnoli, Barber & Brundaqe (ABB) (Firm Name) Scope of Work: Engineering services to Collier County Public Utilities for the study, survey, design, permitting and construction of Wastewater Master Pump Station. Schedule of Work: Agnoli, Barber and Brundage agrees to accomplish the following milestones in the timeline described below from the receipt of the Notice to Proceed authorizing to start work:. Study work within 60 days. Survey and Design work within 180 days. 100% Design work within 200 days. Compensation: In accordance with Article Five of the Agreement, the County will compensate the Firm in accordance with the negotiated lump sum amount indicated in the schedule below (if a task is time and material, so indicate and use the established hourly rate(s) as enumerated in Schedule "A" of the Agreement). SERVICES FEE FEE TYPE 1.0 Base/Data Research 2.0 Design Service 3.0 Permitting Services 4.0 Construction Service $25,400 TIM $47,450 TIM $14,000 TIM $71,300 TIM Total ~158,150 (Not to Exceed) Any change within monetary authority department approval will be considered Schedule "A" of the Agreement. of this Work Order made subsequent to final an additional service and charged according to SUBMITTED BY: /~~____~ _DATE: ShaSl~i~ridhar Project Manager Public Utilities Engineering Department REVIEWED BY: DATE: William D. Mullin, P.E., Principal Project Manager Public Utilities Engineering Department REVIEWED BY: Joe Cheatham Wastewater Director REVIEWED BY: Roy B. Anderson, P.E., Director Public Utilities Engineering Department Approved as to Form and Legal Sufficiency: Thomas Palmer, Assistant County Attorney Witness (2): DATE: DATE: ~"~Y, ~rne/l ACCEPTED BY PumchasJ.ng amd General Services Director Agnoli. Barber and Brundage blame and litle FEB 2 200 , Collier County Pump Station Area B Scope of Services - Agnoli, Barber & Brundage Inc. 2/2/2004 Project Narrative: Scope of Services: Collier County proposes to construct a master pump station (MPS) that will be located along Immokalee Road about 3 miles east of CR 951. It will serve an area known as Area B. Another proposed master pump station will be located at the intersection of Immokalee Road and CR 951. Construction of both stations is scheduled for completion in 2005. Flows from the Ama B MPS will initially flow westward to the second proposed MPS. By 2008, the proposed Northeast Water Reclamation Facility (NEWRF) is expected to be constructed and flows from the Area B MPS will then be muted to the new faciltiy. This proposal addresses building the Area B pump station and its initial pumping route to the west. The proposed force main to the new pump station at CR 951 is included in the the design and construction plans of the Immokalee Road 6 laning project. Information provided in your email of 12/29/03 and subsequent meeting on 1/7/04 if referenced and incorporated herein. I. Base Data I Research I Zoning A. Boundary and Topographic Survey B. Preliminary engineering / hydraulic modeling C. Design report including cost opinions D. Conditional Use Zoning Application ( ElS, TIS not required) IL Design ~ervices A. Civil Construction Plans $15,450 B. Environmental N/A C. Architectural N/A D. Landscape $5,000 E. Geotechnical $3,000 F. Electrical (TLC) $14,000 G. Structural (TLC) $7,000 H. Sub-consultant Coordination $3,000 Ill. Permitting Services: :,:~ :' ~' , :,. '- A. Collier County SDP & R/VV permit $5,000 B. SFWMD Permit (no wetlands) $5,500 C. FDEP Main Extension Permits $3,500 * i~ ~. ,ii .$25,400 TSM $4,4O0 $3,5OO $2,5O0 $15,000 $47 450 T&M $14,000 T&M .o.. FEB 2 2006 A. Bid Phase $2,000 B. Construction Observation / Engineering $62,300 C. Project Certification / Close out $2,000 D. Reimbursibles $5,000 Total $158,150 FF = Fixed Fee. Billings will be based on percent completion. T&M: Time and Materials. Billings will be based on actual time and materials expended in accordance with our rate schedule. Budgets given are an upset amount and will not be exceeded without prio? authorization. Engineer and subconsultants reserve the right to ammend this scope upon completion of the required County pre-application meeting and for any special circumstances which may be generated by the zoning process. I,A. Prepare a boundary survey of the parcel from which an SDP will be obtained. Hydraulic modeling will be limited to the non-manifolded operation of this pump station. Consideration of a manifold will involve modeling of much of the north system which has already been completed by another County consusltant. We have assumed that we will have access to this previously prepared modeling data if necessary. Prepare a brief design report outlining the elements of the project which will be used as final design parameters. No detailed design will occur until the parameters presented in the design report have been approved by Collier County. Prepare an application for conditional use zoning of the E base zoning classification to allow the land use of a master sewage pump station as defined in the current Collier County Land Development Code. II.A. Prepare site civil construction plans suitable for permitting, construction and bidding. B. Per County staff, the site contains no environmental conditions requiring specialized environmental permitting. C. Since no habitable structures are proposed, the services of an architect will not be needed. D. Prepare code level landscape plans for permitting and construction. E. We have budgeted 1 boring to be taken at the location of the proposed wetwell using a subconsultant suitable to the County. F. Per TLC proposal to ABB. TLC proposal included as reference. G. Per TLC Proposal to ABB. III.A. Submit site plan to Colllier County for review. B. Submit site plan to SFWMD for review. FEB 2 C. Submit plans to FDEP for extension of water and force mains. IV.A. Furnish technical construction specifications in our standard format. Provide site construction quantities for bidding purposes. Attend bid meetings. B. Daily observation of construction: 8 hr/day for 3 mo for undergound and above ground work. Construction progress meetings, 5 total at 3hrs ea. Professional oversight of observation staff. FEB 2 200/, RATE SCHEDULE - EFFECTIVE JUNE 15, 2002 Principal, P.E. Sr. Project Manager (P.E.) Sr. Registered Engineer Engineer II, P.E. Engineer I, E.I.T. Designer Permit Coordinator Planning Director Administrative Planner Certified Planner AICP CADD Planner Project Manager (P.L.S.) Sr. Registered Surveyor Registered Surveyor Technician Technician I Technician II Technician III Technician IV Technician V Two Man Survey Crew Three Man Survey Crew Four Man Survey Crew Five Man Survey Crew GPS Crew Design Draftsman Courier Controller Bookkeeper Registered Engineer/Expert Witness Certified Planner/Expert Witness Registered Surveyor/Expert Witness Manager/Expert Witness Blueprints 24 x 36 Blueprints 36 x 48 Mylar Sepia 24 x 36 Mylar Sepia 36 x48 Copies 8-1/2 x 11 Copies 8-1/2 x 14 Copies 11 x 17 Color Copies 8-1/2 x 11 Color Copies 8-1/2 x 14 Color Copies 11 x 17 Aerial Target 6' Aerial Target 12' Ground Aerial Target 12' Road Mileage 4-Wheel Mileage $165.00 Hr. $145.00 Hr. $130.00 Hr. $110.00 Hr. $ 95.00 Hr. $ 85.00 Hr $ 90.00 Hr. $145.00 Hr. $145.00 Hr. $110.00 Hr. $ 90.00 Hr. $130.00 Hr. $130.00 Hr. $ 95.00 Hr. $ 53.00 Hr. $ 65.00 Hr. $ 70.00 Hr. $ 85.00 Hr. $ 90.00 Hr. $100.00 Hr. $105.00 Hr. $125.00 Hr. $135.00 Hr. $150.00 Hr. $210.00 Hr. $ 65.00 Hr. $ 35.00 Hr. $ 90.00 Hr. $ 70.00 Hr. $265.00 Hr. $265.00 Hr. $265.00 Hr. $265.00 Hr. $ 1.50 Ea. $ 2.50 Ea. $ 15.00 Ea. $ 20.00 Ea. $ .15 Ea. $ .20 Ea. $ .50 Ea. $ 1.00 Ea. $ 1.50 Ea. $ 2.00 Ea. $ 7.00 Ea. $ 14.00 Ea. $ 21.00 Ea. $ .365 Mi. $ .50 Mi. FEB 2 201 P$o 7 EXECUTIVE SUMMARY APPROVAL OF SETTLEMENT AGREEMENT BETWEEN THE FLORIDA DEPARTMENT OF CHILDREN AND FAMILY SERVICES AND COLLIER COUNTY REGARDING THE IMMOKALEE COMMUNITY PARK OBJECTIVE: To secure the approval of the Collier County Board of County Commissioners of a settlement agreement between the Florida Department of Children and Family Services, (hereinafter the "Department") and collier county for the Immokalee Community Park, (hereinafter "Collier County"). (A copy of the executed agreement is attached hereto as Exhibit "A".) CONSIDERATIONS: Collier County staffhas been involved in a dispute with the Department in reference to its imposition of a fine of $1,625.00 for cited violations pertaining to supervision of children in a childcare program at the Park. After reviewing the case together, both parties have determined it is in their best interests to avoid additional time and expenditures relating to the pending matter, and to arrive at an amicable resolution. The Department has agreed to reduce the fine from $1,625.00 to $925.00 and acknowledge that the County has taken appropriate remedial action and that all employees involved have been appropriately disciplined. The administrative complaint received enumerates violations of Florida Administrative Code under sections 65C-22.001(5)(a), 65C-22.004(2)(d)2, 65C-22.006(6)Co), and 65C-22.006(6)(a). Collier County staff argued that vacation day camps should be exempt fi.om the requirements of licensure under Florida Statutes, 402.302 (c) and (d). The allegations allege that children were not as closely supervised as the rules require. No children were harmed or hurt. FISCAL IMPACT: The County will have to pay the sum of $925.00 to the Department in full settlement of this matter and the Department will acknowledge that the County's department of Parks and Recreation has taken appropriate remedial actions. GROWTH MANAGEMENT IMPACT: There is none. RECOMMENDATION: That the Collier County Board of County Commissioners authorize the Chairman of the Board of County Commissioners to execute the settlement agreement on behalf of the Board for the County. ~ssistant County Attorney Approved by: ( ~(~ ~-"~ bhc~Adm~mstrator J'~~ Dunnuck, P~ ' ' -' ' H: JHR/Executive Summary/Immokalcc Park AGENI;).~ IT~..~ NO. %k~ ~ FEB 2 200 Pi[. ~ STAT'E O'F FLORIDA DIVISION OF ADMINISTRATIVE HEARINGS DEPARTMENT OF CHILDREN AND FAMILY SERVICES, Case No. 03-4719 Petitioner, V= IMMOKALEE COMMUNITY PARK COLLIER COUN'rY PARKS AND RECREATION, Respondent / SETTLEMENT AGREEMENT This Settlement Agreement is entered into by and between the Florida Department of Children and Family Services (hereinafter "DCFS") and Immokalee Community Park Collier County Parks and Recreation (hereinafter "Respondent"): WHEREAS, Respondent is licensed as a child care facility, License Number 088163-F, effective August 31,2003 through August 31, 2004; and WHEREAS, DCFS is the state agency responsible for the licensure of child care facilities; and WHEREAS, DCFS issued an Administrative Complaint to Respondent seeking to impose a fine of $1,625.00; and WHEREAS, Respondent objected to the Administrative Complaint and filed a timely request for hearing; and AGENDA.ITEM NO. ~ 'FEB 2 200 WHEREAS, DCFS and Resl~on(Jent have determined that it is in their best interests to avoid additional time and expenditures relating to the pending matter, and to arrive at an amicable resolution of this matter; NOW, THEREFORE, in consideration and reliance upon the mutual representations contained herein, DCFS and Respondent hereby STIPULATE AND AGREE as follows: 1) Respondent does not contest the allegations contained in paragraphs 3 - 8,10, and 12. 2) Respondent maintains the cited violations occurred in a vacation day camp program which is exempt from the requirements of licensure under Section 402.302(2)(c,d), Florida Statutes. DCFS maintains the program is required to be licensed. 3) Respondent, while objecting to licensure and preserving the issue of exemption from iicensure, nevertheless accepts the issuance of the Administrative Complaint and the imposition of a fine. 4) DCFS acknowledges that all involved employees of Respondent have been appropriately disciplined. 5) DCFS agrees to reduce the fine in paragraph 9 for lack of supervision from $1.050.00 to $650.00. DCFS agrees to reduce the fine in paragraph 11 from $75.00 to $25.00, and the fine in paragraph 13 from $500.00 to $250.00. The total fine is therefore reduced to $925.00. AGENDA ITEM NO.~I FEB 2 ~ 200/~ Pg..__.3__.___ 6) Within forty-five (45) d'ays'from the date of the last signature on this Settlement Agreement, Respondent will pay to DCFS the sum of $925.00 for the violations herein. 7) The parties understand and agree that, except as expressly reserved herein, this Settlement Agreement expresses the full and complete settlement and that there is no agreement or reservation not clearly expressed herein, and that this Settlement Agreement is intended to avoid any further litigation and be final. 8) By executing this Settlement Agreement, neither DCFS nor Respondent concede or relinquish any rights, duties, or obligations they may otherwise have with respect to the findings in any other proceeding arising hereafter. 9) Each person who executes this Settlement Agreement in a representative capacity warrants that he or she is duly authorized to do so. 10) The parties agree to bear its own costs and attorney's fees in pursuit of this litigation. 11) This Settlement Agreement is a legal and biding document, fully enforceable against all parties. This Settlement Agreement will be submitted to the Division of Administrative Hearings to be adopted and approved by Final Order of the Department. 12) This Settlement Agreement shall be effective on the date of the last signatory hereto. AGEND~A,ITEJt~ FEB 2 State of Florida Department of Children and Family Services EUGENIE G. i~EHAK Chief Legal Counsel Florida Bar No. 255084 Post Office Box 60085 Fort Myers, FL 33906 (239) 338-1427 Immokalee Community Park Collier County Parks & Recreation ~II~CQI3ELINE W. HUBBARD {~ssistant County Attorney Florida Bar No. 468126 Office of the County Attorney 3301 East Tamiami Trail, 8th Floor Naples, FL 34112 (239) 774-8400 Dated' o~/ /:~ / ~s-O-~ COLLIER COUNTY: A'1-I'EST: DWIGHT E. BROCK, Clerk of Courts of Collier County, Florida BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: Date: Deputy CLerk By: DONNA FIALA, Chairman Date: Approved as to form and legal sufficiency: //J'~cqt~line W.-Hdbl~ard I,~ssistant County Attorney AGEND TE FEB 2 6 2006 EXECUTIVE SUMMARY RECOMMENDATION TO DECLARE CERTAIN COUNTY-OWNED PROPERTY AS SURPLUS AND AUTHORIZE A SALE OF THE SURPLUS PROPERTY ON MARCH 1:3, 2004. OBJECTIVE: To authorize the sale and disposal of all surplus County-owned assets at the next surplus auction, which is scheduled for Saturday, March 13, 2004. CONSIDERATION: Pursuant to the Purchasing Policy, attached is an itemized list of surplus property that has been transferred to the Purchasing Department. The Board of County Commissioners has approximately two hundred and fifty (250) items that will be auctioned, of which there are several pieces of computer equipment, typewriters, furniture, miscellaneous office equipment, vehicles, etc. The County is currently under contract with a full-service auctioneer, First Coast Auction & Realty, Inc., to provide comprehensive auctioneer services to include preparation for the event, sale and disposal of all surplus County-owned assets, and' the transfer and disposition of all property titles. This sale will be conducted pursuant to Section 274.06, Florida Statute. The items on the attached list are being offered for transfer to other departments prior to auction. In an effort to dispose of additional surplus items received by the Purchasing Department prior to the March 13, 2004 auction date, staff is requesting permission to dispose of additional non-asset surplus items that may be received subsequent to the preparation of this Executive Summary at the March auction. All items sold and their realized values will be reported in a follow-up Executive Summary. FISCAL IMPACT: The net revenue will be credited to the appropriate funds. GROWTH MANAGEMENT IMPACT: This will not affect the growth management impact. RECOMMENDATION: That the Board of County Commissioners authorize the sale and disposal of all surplus County-owned items as per the attached list on March 13, 2004. SUBMITTED BY: -'~ °" '~ ~ Sue Hebbe, Purchasing Technician REVIEWED BY: ~Stephei~ Y. Carnell."Director Purchasing/General Services Len Price, ~dministrator Administrative Services Division Date: ~':',"/~ ~ Z AGE NpJ~ ITEM, ~o./~,- ,,'~'= f FEB 2 ~ 200~l I-- Z UJ zo U-Z '1 ~000 ~000 ~000000 0~~0 , O~www 00000000~ 00000000 00000000 0 · -, --, --, = --, ~ .., .., ¢, -., = -, ~,~ ~N ..~ _~ ..~ ..~ v. o ~O (~ n- .t,O r./) (,O ioo ~ ooooo r, ~'~'~:'~'E'E' "~"~ = e ~'T--°=.,-, : o o o o o o -=-= em ou....u_,, u.',, u- oo : ~o A~£NOA ITF~ .o. FEB 2 , ,Pg'~ u..Z oooooooooooo oooooooooooo I~o.. /~,~ / FEB'2 ~ 200/, zo Nc} FEB 2 4 2004 < AGENDA FEB 2 ~ 200~ AGE~A I FEB 2 ~t 200~ AG£ND~ ITEM. FEB 2 !'°. ? No./~', --~ / FEB 2 zt ~004 FEB 2 ~00/, EXECUTIVE SUMMARY Approve a Budget Amendment to Carry Forward $462,232 for the Fleet County Barn Facility, Project 52009. OBJECTIVE: To approve a budget amendment to recognize carry forward revenue and re-appropriate $462,231.50 in engineering fees for the Fleet County Bam facility, Project 52009. CONSIDERATIONS: In the FY 2003 budget, $600,000 was appropriated in the Motor Pool Capital Recovery Fund (522) for the design of the new County Barn Facility. The construction was budgeted and planned for late FY 2004 and the project was budgeted in the County Wide Capital Improvement fund (301). On November 18, 2003, agenda item 17D, the Board approved to amend the FY 2003 County Barn Facility project budget, to move the $462,232 of cash and $137,768 in expenditures out of the Motor Pool Capital Recovery fund and into the County Wide Capital Improvement fund (301). This was to simplify the accounting for this project by having all budget appropriations and expenditures in one fund. The above transactions happened after Finance executed their year-end process of "rolling" FY 2003 unspent budgets in projects into FY 2004. FISCAL IMPACT: A budget amendment is required to 'recognize carry forward revenue in the amount of $462,232 and to re-appropriate this amount for engineering fees in the Fleet County Barn Facility project 52009. Source of funds (for the $462,232) is from interdepartmental charges to Fleet. GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with this Executive Summary. RECOMMENDATION: That the Board of County Commissioners approve the aforementioned budget amendment. /J~j~ Crognale, Pro~ct Manager partment of Facilities Management REVIEWED BY: ~/,twa~ 0,j~'"' Date: S~san Usher, Senior Budget Analyst Management and Budget FEB 2 2004 'Budget Amendment, Project 52009 Page 2 REVIEWED BY: ~ec?tor - Department of Facilities Management ~Len Goid~/~ ~rice, Administrator Administrative Services Date:~t)//~(~''_ ! FEB 2 ~ ZOOt, EXECUTZVE SUMMARY, APPROVAL OF THE ANNUAL GROUP INSURANCE ACTUARIAL AND BROKERAGE SERVXCES WORKPLAN FOR 2004 AND AN AMENDMENT TO THE EXZSTZNG AGREEMENT. ~.,1.~: To obtain brokerage and actuarial consulting services for the Collier County Group Health Plan and Benefit Program in order to assure the appropriate funding and management of the program; to fulfill Department of Insurance filing requirements pursuant to Florida Statutes 112.O8; and to perform plan design analysis for implementation on 3anuary 1, 2005. CONSZDERATZONS-: The Board of Commissioners maintains a partially self funded group health program for its employees and their covered dependents. In order to properly manage the program, the County has an agreement with the actuarial and benefits consulting firm, Willis Corporation, to perform various functions. These functions include completion of the required filings with the Department of Insurance pursuant to Florida Statutes 112.08; the development of prospective rates for the budget; the completion of a critical factor analysis to identify cost drivers; the preparation of cost to budget reports to track the progress of the plan against budget; the development and monitoring of local physician/hospital fee schedules and their performance including assistance to the Collier Healthcare Purchasing Consortium; assistance in developing plan design structure and cost estimates; development of short term disability rates; and legal and tax advice relative to Section 125, COBRA, HIPAA and other regulations. In addition to the above, insurance brokerage services are provided which include the selection of third party administration claims services; the selection of pharmacy benefit management services; the selection of life, accidental death and dental insurance; and the placement of group health excess insurance. Annually, Willis Corporation presents an estimated actuarial workplan to the Risk Management Department to determine which services will be needed in the coming year. An actuarial and brokerage workplan has been submitted for 2004 and is being submitted to the Board at this time. Additionally, the contract as previously executed requires Board approval of the adoption of prior year work plans under the agreement, which totaled $89,344.10 for the period ending September 30, 2002 and $112,537.50 for the period ending September 30, 2003. In FY 04, staff will be reviewing various health plan design options to address rising healthcare costs for a potential implemented date of .lanuary 1, 2005. As part of this project, a feasibility study regarding the implementation of a ~Consumer Driven Health Plan" will be evaluated. Due to the importance of these changes, employee focus groups are planned to identify employee attitudes and preferences regarding various plan design options. Finally, the workplan anticipates the creation of updated benefit communication materials. The total cost of actuarial consulting services for FY 2004 is $121,000. The development of substantive plan design options occurs every 3-4 years but is highly important to address plan. design and cost issues. Insurance brokerage services are provided for a fiat fee of $24,000 per year in lieu of commissions. If typical commissions were paid, they would be approximately $90,000 per year. Therefore, total costs for actuarial and brokerage services for FY 04 will be $145,000. The work plans in subsequent years under this agreement shall be subject to the terms of the amendment and subject to the provisions of the Board's purchasing policy. FEB 2 2004 The agreement has been reviewed by the Purchasing Department and the County Attorney. Pursuant to the terms of the agreement, the attached workplan and amendment to the agreement are presented for the Board's approval. FX$CAL XMPACT: The total cost of all services in FY 04 is $145,000. Funds are budgeted within Fund 517, Group Health and Life, for this purpose. These services represent less than .65% of total program costs. GROWTH MANAGEMENT ~MPACT~.. There is no growth management impact associated with this item. I~E¢OMMIEI~iDAT~ON~ It is recommended that the Board approve the group insurance actuarial and brokerage workplan pursuant to the contract with Willis Corporation for FY 2004, the enclosed amendment to the agreement and that the Chairman be authorized to execute the amendment on behalf of the Board. ]e~V~i~er, CPCU, ARM, Director, Risk Management Department Len Golden Orice, Administrative Services Administrator Collier County Government "Willis Actuarial Services Fees FY 04 Workplan Project 11. Prepa~i~;t~-r~l-t~d;~emographic analysis and rate analysis. Develop aggregate medical, ipharmacy, dental, life, disability and discount vision plan costs for existing plans. Produce rates '.f_or__bu_d~ge_t_.to include emp_loyer and emp~_oyee contributions. 3. Complete an annual Crit~ical Factors Analysis Report to identify sources of causation and to Lide~nt~ifY cgst drivers. Maximum Cost 10,500.00 $ :5. Prepare the annual F.S. 112.08 study; submit the report and respond to the Department of ' $ ~,Insurance inquiries as needed. 16. Update the IBNR portion of the FS 112.08 study as of March 31. ~ $ 3,500.00 .7. Prepare a cost to budget report including high level causation analysis ($2,500 per report), i $ 2,500.00 ~8. Provide support in writing quarterly newsletters ($1,875 per newsletter). $ 7,500.00 16,500.00 4,500.00 110. condu~:t ~Ml~l~y-~--fOc~s-g~ou-Ps'~i~(~lude~ pr~pi~ration and up to 5 days of sessions) and $ 15,000.00 prepare a written report of findings. ................... . -11~ndu~t ~an~g~-r~nt i'nt~rv~v~o-~'~-C~o~sume-r 6~iven Health Plan ~odel and prepare a $ 3,000.00 ; benefit philosophy report. 712. Prepare a Consumer Driven Health Plan study to determine its feasibility; complete data $ 19,000.00 !collection; develop historical trend analysis; perform demographic analysis; develop rate and cost comparisons; develop aggregate medicat, pharmacy rates; finalize a global budget for each plan desian offered,_ In~pd~s u g__tO_!0 ~be_n_e~i_~c pl_a Q.mo~d_e]s,. Mp~Js__in e_x~ess of ~_0~ _wjIl_b~ bjtLed on ]~]- Prepare the annual enrollment booklet for a Consumer Driven Health Plan, enrollment forms, $ 20,000.00 and miscellaneous communications materials for a Consumer Driven Health Plan implementation ;(does not include printi_n_g~ co_stsC; .16. Provide support for miscellaneous Collier Healthcare I~ur~t~i~ ~:~e~ati~e~ti~'iti~ .... ~-'~ ...... ~I~C~'00 ~ including but not limited to attendance at monthly meetings, medical and pharmacy data analysis, i Community Health Partners contract monitoring, risk sharing analysis, and outcomes analysis. 17. Miscellaneous advice, support and documents including but not limited to the administration ; $ 5,000.00 of HIPAA, COBRA, IRS law changes, the interpretation of state and federal regulations and general advice on benefit plan legal, philosophy and administrative interpretation(s). 18. Provide insurance brokerage services to include the preparation of an RFP for TPA services; $ 24,000.00 the presentation of Pharmacy Benefit Management programs; the bidding of stop loss coverage, life and accidental death insurance, dental, and ancillary insurance coveracje~; as ne__e_d_ed~. $ 145,000.00 Total Fees include the cost o-f {ravel, lodging and meals. - J FEB 2 200/ I EXECUTIVE SUMMARY RECOMMENDATION TO REJECT ALL PROPOSALS RECEIVED UNDER BID 04- . 3610, VENDING MACHINE SERVICES OBJECTIVE: To reject all bids received under Bid 04-3610 and reissue as a new bid to obtain Vending Machine Services in a cost effective manner. CONSIDERATION: This bid was posted on January 8, 2004 in the lobby of the Purchasing Building, with 3 notices sent to those firms who provide these services. There was one (1) bid received. The Purchasing Department has concluded the one (1) responding vendor cannot supply all the services needed. Staff feels this needs to be re-solicited in order to get the best result for Collier County. FISCAL IMPACT_: There is no fiscal impact. GROWTH MANAGEMENT IMPACT: There is no impact on the Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners reject the bids received under Bid 04-3610 for Vending Machine Services. SUBMITTED BY: REVIEWED BY: APPROVED BY: ~son, Purchas' g '~------'- ~n Agent Purchasing Department Stepheh Y'. ~ar~ell, Director Purchasing/General Services Len Golds Price, Administrator Administrative Services Division Date: Date: I FEB 2 200/, I FEB 2~ EXECUTIVE SUMMARY ..-.&PPROVE A BUDGET AMENDMENT IN THE AMOUNT OF $125,000 TO PROVIDE FUNDING FOR dVIERICANS WITH DISABILITIES ACT (ADA) IMPROVEMENTS AT GOLDEN GATE COMMUNITY PARK AND THE HARMON TURNER ADMINISTRATION BUILDING (BUILDING F) TO AccOMMODATE ACCESS FOR PUBLIC VISITORS WITH DISABILITIES. OBJECTIVE: To have the Board of County Commissioners approve a budget amendment for ADA improvements needed at Golden Gate Community Park to provide access for park visitors with disabilities. · IDERATION: The Department of Facilities Management and the Parks and Recreation Department have CONS . _ _.,.._,A'~_a cooilitate the installation of improvements necessary to provide access to facilities at the Golden Gate Community Park and the Harmon 'Turner Administration Building (Building F). These upgrades are necessary in order to comply with the Americans with Disabilities Act to accommodate public visitors with disabilities and grant access to park programs and county facilities. Title Two of the Americans with Disabilities Act (Federal Law) provides that government organizations must make their programs accessible to those with disabilities. For the past ten years, the County has made a number of improvements to their general offices and facilities including, but not limited to wheelchair ramps, assisted listening devices, automatic doors and assorted restroom alterations. On October 30, 2003, the County Attorney's Office received an Accessibility Evaluation Survey from Larry M. Schneider, AIA, a private accessibility consultant. The survey pointed out several ADA deficiencies and included several recommendations on how to improve accessibility in the park for individuals with disabilities. The Facilities Management Depariment has contracted with two architectural firms to provide engineered drawings necessary to bid out the ADA renovations and to provide improvements to Building F public restrooms and for a five-year ADA improvement plan for the Parks Facilities. The five-year ADA improvement plan will be addressed based on each accessibility issue by order of importance. Other ADA projects will be completed according to their priority. Funding will be provided by Handicap parking fines and through the normal budget process. FISCAL IMPACT.:. Total cost for the Golden Gate Community Park improvements is estimated at $35,000. Total c~ost for the Building F ADA renovations is estimated at $90,000. Funds are available under the ADA cost center Reserves for Contingencies. Funds would be transferred into ADA Cost Center Building Improvements General. GROWTH MANAGEMENT IMPACT: There is no impact on the Collier County Growth Management Plan. RECOMMENDATION.'. That the Board of Collier County Commissioners approves the necessary budget amendments as addressecl~in this summary. -l~;;iartme~enR~od~UaceiZ~s M,nage' F~- ~-ti'~Mam;~gt REVIEWED BY: '-~81~p C'~mp, CFM, Di/ector Department of Facilities Management - Len Gold~ Price, Administrator Administrative Services Division APPROVED BY: APPROVAL OF BUDGET AMENDMENTS BCC Agenda of February 24, 2004 Operating Expenses_ Reserves Reserve for Contingencies Total Explanation: Alternative Transportation Mode (Fund 101) Budget Amendment #04-123 $13,604 (13,604) Operating expense fundsare needed forthree positions added during the budgetprocess. MSTD General (Fund 111) Natural Resources Budget Amendment #04-131 Operating Rent - Buildings $14,000 Reserves Reserve for Contingencies (14,000) Total -0- Explanation: Funds are needed for rent expenses to satisfy the lease agreement for leased property at 3050 N. Horseshoe Drive, Suite 145, through February 2004. During the budget process for FY 04, rent for the leased property was omitted due to the department's plans to move into the new Community Development building in November 2003. However, lease could not be broken and rent needed to be paid through February. AGENDA ITEM No. a/a~ I 1 FEB 4 200 Pg._ / COMMISSIONER REQUEST FOR APPROVAL FOR PAYMENT TO ATTEND FUNCTION(S) SERVING A VALID PUBLIC PURPOSE Pursuant to Resolution No. 99-410, determined that attendance at the functions educational, charitable, social, professional, the Board of County Commissioners has of fraternal, business, environmental, trade, homeowners, ethnic, and civic associations / organizations serves a valid public purpose, provided that said functions reasonably relate to Collier County matters. In accordance with Resolution No. 99-410, Commissioner Henning hereby requests that the Board of County Commissioners approve for payment by the Clerk his/her attendance at the following function / event: Function / Event: American Business Women's Association Luncheon to honor "Women in History, Remember When..." Public Purpose: To visit with the community, to honor the guests, and celebrate the, impact of the women's movement into the workforce. Date of Function / Event: Friday, March 12, 2004 Amount to be paid by the County: $75.00 COMMISSIONER REQUEST FOR APPROVAL FOR PAYMENT TO ATTEND FUNCTION(S) SERVING A VALID PUBLIC PURPOSE Pursuant to Resolution No. 99410, the Board of County Commissioners has determined that attendance at the functions of fraternal, business, environmental, educational, charitable, social, professional, trade, homeowners, ethnic, and civic associations / organizations serves a valid public purpose, provided that said functions reasonably relate to Collier County matters. In accordance with Resolution No. 99-410, Commissioner Jim Coletta hereby requests that the Board of County Commissioners approve for payment by the Clerk his/her attendance at the following function / event: Function / Event: Florida Tradeport Briefing & Barbecue Public Purpose: He will represent his District 5 at this prestigious event where the State of Florida's Lieutenant Governor, Toni Jennings, will be honored and to hear about the business advantages that the Florida Tradeport (a full service cargo and manufacturing site, has to offer for Immokalee and the surrounding area and what is planned for the future. Date of Function / Event: February 27, 2004 Amount to be paid by the County: $50.00 Will use BCC County Vehicle Commissioner Jim Coletta, District 5 Mileage: AGENDA I~._. NO. _1 , From: EDC (239)263-6021 To: The Coletta Date: 2/10/04 'l~me: 8:32:58 PM Page 2 of 2 FLORIDA ?RADEPORT IMMOKALEE, FLORIDA · USA Confirm'~- your attendance today! ~o.o~c ~o...~ cou.c,LoF cot.. cou-~ _ NAPLES, FLOI~DA FLORIDA TRADEPORT BRIEFING & BARBECUE Friday · February 27, 2004 1 O:OO AM- 3:00 PM at the FLORIDA TRADEPORT Irnmokalee Regional Airport Join guest of honor LIEUTENANT GOVERNOR TONI JENNINGS and see what all the excitement is about as the Economic Development Council of Collier County hosts a special briefing about the FLORIDA TRADEPORT in Immokalee. Hear about the business advantages that the FLORIDA TRADEPORT has to offer - a full service cargo and manufacturing site with plenty of room to grow - and what is planned f~r the future. Guided site tours will be provided. A BARBECUE LUNCHEON and neh¥orking opportunities will follow the briefing. Luncheon is $50 per person. Complete this form and return by Tuesday, February 24'~ To: Attention: Brian Weinsteln Economic Development Council of Collier County 3050 N. Horseshoe Drive, Suite #120, Naples, Florida 34104 Fax: (239) 263-6021 ~ Phone: (239) 263-8989 ext. 100 E-mail: bria n@eNa plesFIorida.com Nomes ofAltendees: .Tim Cnl~tl'n: Commissioner. District 5 Company Name: Phone Number: Number of Barbecue Lunches Method of Paymen~ Account Number: Expiration Date: Collier Ccunty Government~ Board of County Ccmmissioners (239) 774-8097 ~oce . at $50 each = $ 50.00 Total J~ Check I~ Credit Card (VISA, MC or Sig nature: [~ I am interested in Air Transportation from I~ I am interested in Bus Transportation from AGENDA ITEM ~cL~ 2 ~ 2012~ laples to Immokalee. pg. _~~ -. qa~les to Immokalee. __~ !-I Please send rne information on future EDC event sponsorship opportunities. COMMISSIONER REQUEST FOR APPROVAL FOR PAYMENT TO ATTEND FUNCTION(S) SERVING A VALID PUBLIC PURPOSE Pursuant to Resolution No. 99-410, the Board of County Commissioners has determined that attendance at the functions of fraternal, business, environmental, educational, charitable, social, professional, trade, homeowners, ethnic, and civic associations / organizations serves a valid public purpose, provided that said functions reasonably relate to Collier County matters. In accordance with Resolution No. 99-410, Commissioner Frank Halas hereby requests that the Board of County Commissioners approve for payment by the Clerk his/her attendance at the following function / event: Function / Event: Economic Develo ment Council's Florida Trade ort Briefin & Barbecue at the Immokalee Airpor~ Public Purpose: Garner information on from Lieutenant Governor Tom Jenm s on the Florida Trade~ort Date of Function / Event: February 27, 2004 Amount to be paid by the County: Registration $50.00 and per diem 'A'GENDA ITE.Mo NO. 2 pg. I .......... ~...,c,/,:o.~-ou-' ~ i o: I ne ~-sonoral~le Frank Halas Date: 2/10/04 Time: 10:44:26 PM Page 2 of 2 -~,. ~FLORIDA TRADEPORT IMMOKALEE, FLORIDA · USA - ~ Confirm FLORIDA TRADEPORT BRIEFING & BARBECUE Friday * February 27, 2004 10:00 AM - 3:00 PM at the ~ FLORIDA TRADEPORT Immokalee Regional Airport Join guest of honor LIEUTENANT GOVERNOR TONI JENNINGS and see what all the excitement is about as the Economic Development Council of Collier County hosts special briefing about the FLORIDA TRADEPORT in immokalee.' Hear about the busin~s'~ advantages that the FLORIDA TRADEPORT has to offer - a full service cargo and manufacturing site with plenty of room to grow - and what is planned for the future. Guided site tours will be provided. A BARBECUE LUNCHEON arid networking opportunities will follow the briefing. Luncheon is $50 per person. Complete this form and return by Tuesday, February 24'h To: Attention: Brian Weinstein Economic Development Council of Collier County 3050 N. Horseshoe Drive, Suite #120, Naples, Florida 34104 Fax: (239) 263-6021 ~ Phone: (239) 263-8989 ext. 100 E-mail: brian@eNa plesFIorida.com Namesof Attendees:q(~l~l~C~SlOl~XE_Z~ ~-(~lJ~.. ~ {~U~ ~ Company Name: 0~I_C.! ~ ~..~O~T",(' Phone Number: -'1-I L'J °~0~ '""/ Number of Barbecue Lunches J Method of Payment: Account Number: Expiration Date: ,~Check J~ at $50 each = $ _~)(~.i~C) Credit Card (VISA, MC or AMEX) Sig nature: [-] I am interested in Air Transportation from ~ I am interested in Bus Transportation from I'1 Please send me information on future AGENDA ITE M laples to Immokalee. NO. ,/.~::~ ./?/~-~> ~laples to Immokalee. F {-_~ 2 ~t ~.00!~, lC event sponsorship opporturjtiespg. ~,~ COMMISSIONER REQUEST FOR APPROVAL FOR PAYMENT TO ATTEND FUNCTION(S) SERVING A VALID PUBLIC PURPOSE Pursuant to Resolution No. 99-410, determined that attendance at the functions educational, charitable, social, professional, the Board of County Commissioners has of fraternal, business, environmental, trade, homeowners, ethnic, and civic associations / organizations serves a valid public purpose, provided that said functions reasonably relate to Collier County matters. In accordance with Resolution No. 99-410, Commissioner Fiala hereby requests that the Board of County Commissioners approve for payment by the Clerk his/her attendance at the following function / event: Function / Event: American Business Women's Association Luncheon to honor "Women in History, Remember When..." Public Purpose: To visit With the community, to honor the _guests, and celebrate the impact of the women's movement into the workforce: Date of Function / Event: Friday, March 12, 2004 Amount to be paid by the County: $75.00 BOARD OF COUNTY COMMISSIONERS MISCELLANEOUS CORRESPONDENCE February 24, 2004 FOR BOARD ACTION: 1. MISCELLANEOUS ITEMS TO FILE FOR RECORD WITH ACTION AS DIRECTED: A. Clerk of Courts: Submitted for public record, pursuant to Florida Statutes, Chapter 136.06(1), the disbursements for the Board of County Commissioners for the period: 2. 3. 4. Disbursements for January 3, 2004 through January 9, 2004. Disbursements for January 10, 2004 through January 16, 2004. Disbursements for January 17, 2004 through January 23, 2004. Disbursements for January 24, 2004 through January 30, 2004. AGENDA I~'EM ,,. FEB 200 I Pg._ H:Data/Format · EXECUTIVE SUMMARY,. APPROVE AGREED ORDER AND AUTHORIZE PAYMENT OF APPRAISAL FEES IN THE LAWSUIT STYLED COLLIER COUNTY V. DAVID J. FREY, ET AL., CASE NO. 03-2353-CA (GOLDEN GATE PARKWAY PROJECT #60027). OBJECTIVE..'.. That the Board of County Commissioners approve an Agreed Order and authorize payment of appraisal fees with respect to Parcels 130 and 132 in the lawsuit styled Collier County vs. David J. Frey, et al., Case No. 03-2353-CA. CONSIDERATIONS: On September 12, 2003, an Order of Taking was entered in Collier County Circuit Court regarding the Perpetual Non-Exclusive, Road Right of Way, Drainage & Utility Easement acquisition of Parcels 130 and 132 for the Golden Gate Parkway project (Project No. 60027). On October 1, 2003, Collier County deposited with the Registry of the Court the sum of $21,700.00 for Parcels 130 and 132, thereby vesting title in the Parcels in Collier County. On November 19, 2003, Stipulated Final Judgments were entered by the Court wherein the property owners were fully and fairly compensated for the property interests taken and for statutory attorney fees. Appraisal fees in the aggregate sum of $6000.00 are reimbursable costs under Section 73.091, F.S. The County Attorney's Office has prepared an Agreed Order, a copy of which is attached as Exhibit "A", wherein the County shall pay the property owners the sum of $3000.00 for appraisal fees for Parcel 130 and the sum of $3000.00 for appraisal fees for Parcel 132. FISCAL IMPACT: Funds in the amount of $6000.00 are available in the Transportation Road (~' Construction Gas Tax Fund. Source of Funds are Gas Taxes. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: That the Board of County Commissioners: Approve Agreed Order and authorize payment of $6000.00 to the Williams, Schifino, Magione & Steady Trust Account on behalf of the property owners for appraisal fees. SUBMITTED BY: REVIEWED BY: ~x~L~ J ~"~ - Date: Heidi F. Ash~ssistant County Attorney ,)~'~in I~6~'~s, Row Acc~t~6/n Manager Transportati/on/ECM/ROW 2-1 REVIEWED BY: REVIEWED BY: APPROVED BY: GreggXS"{rak~a[use, 1~,, Direct r r~tion/ECM Norm Finder., A~.mi.ni.stmtor TranspOrtation Division David C. Weigel, County~ttomey Date: Date: Date: AOF. NDA ITEM NO. !~" I FEB 2 ~ 200~ IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA CIVIL ACTION COLLIER COUNTY, FLORIDA, a political subdivision of the State of Florida, Petitioner, Case No.: 03-2353-CA Parcel Nos.: 130 & 132 VS. DAVID J. FREY, et al., Respondents. AGREED ORDER THIS CAUSE, having come before the Court upon Joint Motion made by Petitioner, COLLIER COUNTY, FLORIDA, by and through the undersigned counsel, and Respondents, DAVID J. FREY, DOROTHY W. FREY and GERALD R. FREY, TRUSTEE, by and through their undersigned counsel, for entry of an Agreed Order, and the Court, being fully advised in the premises, it is hereby ORDERED AND ADJUDGED that Respondents, DAVID J. FREY and DOROTHY W. FREY, receive from Petitioner, COLLIER COUNTY, FLORIDA, the sum of Three Thousand Dollars and No/100 ($3000.00) for appraisal fees incurred in connection with Parcel 130; it is further ORDERED that Respondent, GERALD R. FREY, TRUSTEE, receive from Petitioner, COLLIER COUNTY, FLORIDA, the sum of Three Thousand Dollars and No/100 ($3000.00) for appraisal fees incurred in connection with Parcel 132; it is further I IFE z za: Jan-2~-04 08:16am ;rem- T-91~ P 005/00~ F-930 ORDEI~-'D that Petitioner, COT ~T IEP, COU2NTY, FLORIDA, shall disburse the sum of Six Thousand Dollars and NoFl00 ($6000.00) to WILLIAMS SCHPr-'INO MAGIONE & STEADY TRUST ACCOUNT c/o P,. Marshall Rainey, Esquire, One Tampa City Center, Suite 2600, 201 North Franklin Street, Tampa, FL 33602 for appraisal tees. DONE AN'D ORDERED this day of January, 2004 in Naples, Collier County, Florida. Conlbrmed copies to: He/dj F. Ashron, Esau/re R. MarshalI RaJney. Esquire E. Glenn Tucker, Esquire CI~C L~r CO LrRT J'UDGE JOINT MOTION The Parties, by and through foregoing A~eed Order. their undersigned attorneys, Dated: hereby move for entry of thc Flor/da Bar No.: 794~ - WILL. lAMS SC~_~'O MAGION'E & STEADY P.A. One Tampa City Center, Suite 2600 201 North Franklin Street Tampa. FL 33602 (813) 221-2626 - Telephone (813) 221-7335 - Facsimile ATTOP~N"E¥ FOR RESPONDENTS I-IEIDI F. ASHTON, ESQUIRE Flor/da Bar No.: 966770 COUNTY ATTORNEY' S OFFICE · Harmon Turner Building 3301 East Tamiami Trail Naples, FL 34112 (239) 774-8400 - Telephone (239) 774-0225 - Facsimile ATTOR_N'E y FOR PETITIONER EXECUTIVE SUMMARY APPROVE THE STIPULATED FINAL JUDGMENT RELATIVE TO THE ACQUISITION OF PARCELS 219 AND 219T IN THE LAWSUIT STYLED COLLIER COUNTY V. KATHRYN HANKINS, ET AL, CASE NO. 00-1296-CA, GOLDEN GATE BOULEVARD PROJECT NO. 63041. ~ That the Board of County Commissioners approve the Stipulated Final Judgment as full and final compensation to be paid for the acquisition of the easement interests in Parcels 219 and 219T for the Golden Gate Boulevard project in the lawsuit styled Collier County v. Kathryn Hankins, et al., Case No. 00-1296-CA. CONSIDERATIONS: On June 30, 2000, an Order of Taking was entered in Collier County Circuit Court regarding the acquisition of Parcels 219 and 219T for the Golden Gate Boulevard project (Project No. 63041). On July 17, 2000, Collier County deposited with the Registry of the Court the sum'of $3400.00 for Parcels 219 and 219T in accordance with the Order of Taking. The last offer was made on June 24, 1999 in the amount of $2900.00. Through negotiations, the parties have reached a settlement agreement whereby the property owners will be fully and fairly compensated for the property interests taken for the public purposes enumerated in the resolution of condemnation (Resolution No. 99-286). The terms of the settlement agreement are set out in the Stipulated Final Judgment (attached as Exhibit "1"). The Stipulated Final Judgment provides for $7100.00 to be paid to Respondents, Kathleen G. Sedlacek and Donald E. Cline, as full compensation for the property rights taken as to Parcels 219 and 219T; and $1386.00 for statutory attorney fees. Staff has reviewed the County's obligations stated in the Stipulated Final Judgment and considers them to be reasonable. s ISCAL IMPACT: Funds in the amount of $5086.00 are available from the Transportation upported Gas Tax and Impact Fee Funds. Source of funds are Gas Taxes and Impact Fees. GROWTH MANAGEMENT IMPACT: Consistent with the Collier County Growth Management Plan. RECOMMENDATION.: That the Board of County Commissioners: 1. approve the Stipulated Final Judgment; and 2. approve the expenditure of the funds as stated. SUBMITTED BY: Heidi F. Ashton, Assistant County Attorney Date: 'REVIEWED BY: REVIEWED BY: REVIEWED BY: APPROVED BY: Date: vi~ hi dnc g', ROW Acqu'h'/fl~n Manager Transportat~o~CM/R :. - .~~/A Date: Gregg Strakaluse, P.E., Director Transportation/ECM Nm~n/l~der, Administra ~r Date: Tra~portation Division David C. Weigel, Co'unty Att~m y NO. !~ FEB 2 P~ .... IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA CIVIL ACTION COLLIER COUNTY, FLORIDA a political subdivision of the State of Florida, Petitioner, VS. Case No.: 00-1296-CA Parcel Nos.: 219/219T KATHRYN HANT-ANS, et al., Respondents. / STIPULATED FINAL JUDGMENT Tills CAUSE having come before the Court upon Joint Motion made by Petitioner, COLLIER COUNTY, FLORIDA, by and through its undersigned counsel, and Respondents, Y, La. THI_ZEN G. SEDLACEK and DONAI~D E. CLINE, by and through their undersig, ned counsel, for entry of a Stipulated Final Judgment as to Parcel Nos. 219 and 219T, and it appearing to the Court that the parties are authorized to make such Motion, the Court finding that the compensation to be paid by Petitioner, COil JER COUNTY, FLORIDA, is the full compensation due Respondents, KATHLEEN G. SEDLACEK and DONALD E. CLINE, and the Court being otherwise fully advised in the premises thereof, it is thereupon ORDERED AND ADIUDGED that Respondents, KATHI.EEN G. SEDLACEK and DONALD E. CLINE, have and recover from Petitioner, COLLIER COUNTY, FLORIDA, the sum of Seventy-One Hundred Dollars and No/100 ($7100.00) for Parcel Nos. 219 and 219T as full payment for the property interests taken and for damages resulting to the remainder, if less than the entire property was taken, business damages, and for all other damages in connection w~t] ~mj~v~t~il~ll-i~M,~ JNO. I1,,1< ~ it is further / ['EB 2; 200~ ORDERED that Respondents, KATHI~EEN G. SEDLACEK and DONAIY) E. CLINE, -receive from Petitioner, COIJ.IF, R COUNTY, FLORIDA, as a statutory attorney's fee the sum of Thirteen Hundred Eighty-Six Dollars and No/100 ($1386.00), pursuant to Section 73.092, F.S.; it is further ORDERED that disbursement of the total amount of Thirty-Seven Hundred Dollars and No/100 ($3700.00) shall be by further order of this Court; it is further ORDERED that the Court reserves jurisdiction to award appraisal fees and other reimbursable costs incurred in the defense of this case pursuant to Section 73.091, F.S.; it is further ORDERED that Petitioner, COI.I .IF, R COUNTY, FLORIDA, shall disburse the total amount of Thirteen Hundred Eight3.,-Six Dollars and No/100 ($1386.00) to WIIJI.IAM A. KEYES, JR., ESQUIRE, Stewart 8: Keyes, P.A., 2125 First Street, Suite 101, P. O. Drawer 790, Fort Myers, FL 33902-0790 for attorney's fees; it is further ORDERED that title to Parcel No. 219, a drainage, utility and maintenance easement, and Parcel 219T, a temporary driveway restoration easement, being fully described in Exhibit "A" attached hereto and incorporated herein, which vested in Petitioner, COI.I.IF, R COUNTY, FLORIDA, pursuant to the Order of Taking dated June 30, 2000. and the deposit of money heretofore made, is approved, ratified, and confirmed; it is further ORDERED that the Notice of Lis Pendens filed in the above-styled cause and recorded in Official Record Book 2664, Page 2666 of the Public Records of Collier County, Florida be dismissed as to Parcel Nos. 219 and 219T; and it is further ORDERED that this Stipulated Final Judgment is to be recorded in the Official Records of Collier County, Florida; it is therefor NO. ~ 2 DONE AND ORDERED in Chambers at Naples, Collier County, Florida, this ,2004. day of CIRCUIT COURT JUDGE Conformed copies to: Heidi F. Ashton, Esquire William A. Keyes, Jr., Esquire E. Glenn Tucker, Esquire Jean G. Howard, Esquire Avatar Properties. Inc. Bank of America, N.A. Market Street Mortgage Corp. Kevin Hendricks - Transportation/ECM Bookkeeping JOINq' MOTION FOR STIPULATED FINAL JUDGMENT The Parties hereby stipulate and respectfully request this Court to enter Stipulated Final Jud~m'nent as to Parcel Nos. 219 and 219T. the foregoing Dated: I'"LLIAM A. KEYES,'-JR., ESQUIRE Florida Bar No.: 0151638 STEWART & KEYES, P.L. 2125 First Street, Suite 101 P. O. Drawer 790 Fort Myers, FL 33902-0790 (239) 334-7477 - Telephone (239) 334-7941 - Facsimile Attorney for Respondents Dated: HEIDI F. ASHTON, ESQUIRE ~ Florida Bar No.: 0966770 COUNrI'Y ATI'OP, NEY'S OFFICE Harmon Turner Building 3301 East Tamiami Trail Naples, FL 34112 (239) 774-8400 - Telephone (239) 774-0225 - Facsimile Attorney for Petitioner PR .OJF:'CT NO. 63041 PROJECT PARCEL NO. 219 LEGAL DESCRIPTION & SKETCH (NOT A SURVEY) : ~?.~ll'~l'/,,~.,, The North 15 feet of the South 65 feet of the East 75 feet of Tract 95, Golden Gate Estates Unit No. 7, as recorded in Plat Book 4, Page 95 of the Public Records of Collier County, Florida. /~/~/.-.;;; ' WEST PROPERTY LINE EX~STING ~ LINE (GOLD~ OATE BLVD.) · . NORTH PROPERTY UNE 15 FEET EAST PROPE,r:TY LINE 'N ,[~ ~1S FOOT DRAINAGE, UTlUTY AND MAINTENANCE EASEMENT ...,'"" :.:): ,. -.-i-i.- .... ...... (~XmT?O ~.F.T..R/W~S~J, rr)'.-' ~OUTH PROPERTY LINI T---'----" ~:~ ' ' ' :.~f~,~. e.~:... ~ .//. /. NO. FEB 2 z~ 200~ Pg. ~PR~)JECT: 63041 !'Ii' ~RCEL: 219T O,,LIO: 36916040005 TEMPORARY DRIVEWAY RESTORATION EASEMENT ~'1 (NOT A SURVEY) The East 35 feet of the North 5 feet of the South 70 feet of the East 75 feet of'Tract 95, Golden Gate Estates Unit No, 7, as recorded in Plat Book 4, Page 95 of the Public Records of Collier County, FIoricla. AGENDA ITEM NO. ~r,, ~ ...~_ FEB 2 ~t Z00~l EXECUTIVE SUMMARY APPROVE THE AGREED ORDER AWARDING EXPERT FEES RELATIVE TO THE FEE TAKING OF PARCEL NO. 194 IN THE LAWSUIT STYLED COLLIER COUNTY V. ROBERT W. PIEPLOW, ET UX., ET AL., CASE NO. 02-2133-CA (IMMOKALEE ROAD PROJECT g60018). OBJECTIVE: That the Board of County Commissioners approve the Agreed Order Awarding Expert Fees for expert planning and appraisal fees incurred in defense of the fee simple acquisition of Parcel 194 for the Immokalee Road Project in the lawsuit styled Collier County v. Robert IV. Pieplow, et ux., et al., Case No. 02-2133-CA. CONSIDERATIONS: On September 5, 2002, an Order of Taking was entered in Collier County Circuit Court regarding the fee simple acquisition of Parcel 194 for the Immokalee Road project (Project No. 60018). On September 19, 2002, Collier County deposited into the Court Registry the sum of $60,300.00 for Parcel 194 in accordance with the Order of Taking. On December 22, 2003, a Stipulated Final Judgment was entered providing for $95,500.00 to be paid to Respondents, Dennis J. Navarra and Anna Navarra, as full compensation for the property rights taken as to Parcel 194 and $9,075.00 to Kenneth A. Jones, Esquire for attorney fees. Pursuant to §73.091, Fla. Stat., the property owner is entitled to all reasonable and necessary costs incurred in defense of the eminent domain proceeding. The property owners submitted invoices for planning and appraisal fees totaling $13,787.00. Through negotiations, the property owners have accepted the County's offer of $9,400.00. Staff has reviewed the County's obligations stated in the Agreed Order Awarding Expert Fees and considers them to be reasonable. ~--I~ISCAL IMPACT: Funds in the amount of $9,400.00 are available in the FY 04 adopted XQYbudget. Source of funds are Gas Taxes and/or Impact Fees. GROWTH MANAGEMENT IMPACT;. None. RECOMMENDATION: That the Board of County Commissioners: Approve the Agreed Order Awarding Expert Fees; Approve the expenditure of funds as stated; and Direct staff to pay the sum of $9,400.00 to Roetzel & Andress Trust Account. AGENDA ITEM~ No. FEB 2 200 Pg. / , SUBMITTED BY: REVIEWED BY: REVIEWED BY: REVIEWED BY: APPROVED BY: Ellen T. Chadwell As;tant~~ Attorney ROW A'6quisition Manager Transportation/ROW Gregg Strakaluse, Director Transportation/ECM N o~'m ~/n Feder,'Administrat Tran~ortation Division David C. Weigel, County A~ney Date: Date: Date: Date: Date: 2 NO. ~-' ~ FEB 2 ~ 200q IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA CIVIL ACTION COLLIER COUNTY, FLORIDA, a political subdivision of the State of Florida, Petitioner, VS. ROBERT W. PIEPLOW, et ux, et al. Respondents. Case No.: 02-2133-CA-TB Parcel No.: 194 AGREED ORDER AWARDING EXPERT FEES AS TO PARCEL 194 THIS MATTER, having come before the court upon Joint Motion by the Petitioner, by and through its undersigned counsel, and Respondents, DENNIS J. NAVARRA and ANNA NAVARRA, by and through their undersigned counsel, and the Court having been fully advised in the premises thereof, it is ORDERED AND ADJUDGED that Petitioner, COLLIER COUNTY, FLORIDA, shall pay a total of Nine Hundred and No/100 Dollars ($900.00) for planning and engineering review services with respect to Parcel 194; it is further ORDERED AND ADJUDGED that Petitioner, COLLIER COUNTY, FLORIDA, shall pay a total of Eight Thousand Five Hundred and No/100 Dollars ($8,500.00) for appraisal fees with respect to Parcel 194; it is further ORDERED that Petitioner, COLLIER COUNTY, FLORIDA, shall pay the total amount of Nine Thousand Four Hundred and No/100 Dollars ($9,400.00) to .o. 1 FEB 2 200 pg. ANDRESS TRUST ACCOUNT, c/o Kenneth A. Jones, Esquire, Roetzel & Andress, 2320 First Street, Suite 1000, Fort Myers, FL 33901. Except as provided herein, no costs shall be awarded in connection with the above-styled cause of action as it relates to Parcel No. 194; it is further DONE AND ORDERED in Naples, Collier County, Florida, this day of Febmary, 2004. Conformed copies to: Ellen T. Chadwell, Esq. Kenneth A. Jones, Esq. World Savings Bank, FSB Jean G. Howard, Esq. E. Glenn Tucker, Esq. Bookkeeping Ted Brousseau Circuit Court Judge JOINT MOTION FOR AGREED ORDER AWARDING EXPERT FEES AS TO PARCEL 194 The Parties hereby respectfully request this Court to enter the foregoing Agreed Order for Expert Fees. Dated: Dated: KENNETH A. JONES, ESQUIRE Florida Bar No.: 0200158 ROETZEL & ANDRESS 2320 First Street, Suite 1000 Fort Myers, Florida 33901 (239) 337-3850 - Telephone (239) 337-0970 - Facsimile ATTORNEY FOR RESPONDENTS DENNIS J. and ANNA NAVARRA ELLEN T. CHADWELL, ESQUIRE Florida Bar No.: 0983860 OFFICE OF THE COUNTY ATTORNEY Harmon Turner Building 3301 East Tamiami Trail Naples, Florida 34112 (239) 774-8400 - Telephone (239) 774-0225 - Facsimile ATTORNEY FOR PETITIONER AGENDA ITEM~.~ Nc). FEB 2 200 Pg. Y EXECUTIVE SUMMARy APPROVE THE STIPULATED FINAL JUDGMENT RELATIVE TO THE ACQUISITION OF PARCEL 199 IN THE LAWSUIT STYLED COLLIER COUNTY V. JOSEPH DELUCIA, TRUSTEE, ET AL, CASE NO. 00-0938-CA, GOLDEN GATE BOULEVARD PROJECT NO. 63041. ~ That the Board of County Commissioners approve the Stipulated Final Judgment as full and final compensation to be paid for the acquisition of the easement interest in Parcel 199 for the Golden Gate Boulevard project in the lawsuit styled Collier County v. Joseph DeLucia, Trustee, et al., Case No. 00-0938-CA. CONSIDERATIONS: On June 20, 2000, an Order of Taking was entered in Collier County Circuit Court regarding the acquisition of Parcel 199 for the Golden Gate Boulevard project (Project No. 63041). On July 3, 2000, Collier County deposited with the Registry of the Court the sum of $1000.00 for Parcel 199 in accordance with the Order of Taking. On October 21, 2001, the Board of County Commissioners approved an Offer of Judgment in the amount of $2000. Through negotiations, the parties have reached a settlement agreement whereby the property owners will be fully and fairly compensated for the property interests taken for the public purposes enumerated in the resolution of condemnation (Resolution No. 99-285). The terms of the settlement agreement are set out in the Stipulated Final Judgment (attached as Exhibit "1"). The Stipulated Final Judgment provides for $2500.00 to be paid to Respondents, Joseph DeLucia and Helen DeLucia, Trustees, as full compensation for thc property rights taken as to Parcel 199, and $165.00 for statutory attorney fees. The Stipulated Final Judgment also provides that Collier County shall deposit an additional amount of $1500.00 with the Court Registry. Staff has reviewed the County's obligations stated in the Stipulated Final Judgment and considers them to be reasonable. ..,~,JFISCAL IMPACT: Funds in the amount of $1765.00 are available from the Transportation Supported Gas Tax and Impact Fee Funds. Source of funds are Gas Taxes and Impact Fees. GROWTH MANAGEMENT IMPACT: Consistent with the Collier County Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners: 2. 3. 4. approve the Stipulated Final Judgment; approve the expenditure of funds as stated; direct staff to deposit the sum of $1500.00 into the Court Registry; an¢ direct payment of $100 service fee to Clerk of Court. NO. lU FEB 2 200 SUBMITTED BY: REVIEWED BY: REVIEWED BY: REVIEWED BY: APPROVED BY: _~li.~,O~_ {/ /'~'~~' e Date: H~Assistant County Attorn y ~'~ ~/~~~~~~~'~ Date: ,~vin ~n~i~o~ ~cqu~ Manager Transpo~ati~C~OW ~ "' r Date: G~e~'s~~irecto~ - Transpo~atio~CM ~~ Date: ~ ~~ ~ Date: David C. Weigel, County Attorney NO..~ 6,/c FEB 2 Pg. IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA CIVIL ACTION CO! .! IER COUNTY, FLORIDA, a political subdivision of the State of Florida, VS. Petitioner, JOSEPH DELUCIA, TRUSTEE, et al., Respondents. Case No.: 00-0938-CA Parcel No.: 199 STIPULATED FINAL JUDGMENT WHEREAS, Respondents, HEI.EN DELUCIA and JOHN DELUCIA, both Trustees in this action, are deceased as of the date of this Stipulated Final Judgment; and WHEREAS, the DeLucia Revocable Living Trust dated December 23, 1992, has been revoked and the assets transferred to the Estate of Joseph DeLucia; and WHEREAS this cause having come before the Court upon Joint Motion made by Petitioner, COLLIER COUNtry, FLORIDA, by and through its undersigned counsel, and Respondents, JOSEPH DELUCIA and HELEN DELUCIA, TRUSTEES of the DELUCIA REVOCABLE LIVING TRUST DATED DECEMBER 23, 1992, by Madeline Meyer, sole beneficiary of the Estate of Joseph DeLucia and ancillary personal representative of the Estate of Joseph DeLucia, for entry of a Stipulated Final Judgment as to Parcel No. 199, and it appearing to the Court that the parties are authorized to make such Motion, the Court finding that the compensation to be paid by Petitioner, COl J JER COUNTY, FLORIDA, is the full compensation due Respondents, JOSEPH DF, LUCIA and HELEN DELUCIA, TRUSTEES of the DELUCIA REVOCABI JE LIVING TRUST DATED DECEMBER ~ AG4-~E ~A i.i.£Ml~~l/ NO. $(,,g '-1. the Court being otherwise fully advised in the premises thereof, it is thereupon ' / FEB 2006 ORDERED AND ADJUDGED that Respondents, JOSEPH DELUCIA and HELEN DELUCIA, TRUSTEES of the DELUCIA REVOCABI ~E LIVING TRUST DATED DECEMBER 23, 1992, have and recover from Petitioner, COIJJER COUNTY, FLORIDA, the sum of Two Thousand Five Hundred Dollars and No/100 ($2,500.00) for Parcel No. 199 as full payment for the property interests taken and for damages resulting to the remainder, if less than the entire property was taken, business damages, and for all other damages in connection with said parcel; it is further ORDERED that excepted as noted herein, no attorney's fees or other costs shall be awarded in connection with the above cause of action as it relates to Parcel No. 199; and it is further ORDERED that Respondents, JOSEPH DELUCIA and HELEN DELUCIA, TRUSTEES of the DELUCIA REVOCABI~E LIVING TRUST DATED DECEMBER 23, 1992, receive from Petitioner, COIJJF. R COUNTY, FLORIDA, as a statutory attorney's fee the sum of One Hundred Sixty-Five Dollars and No/100 ($165.00); it is further ORDERED that Petitioner, COLIJER COUNTY, FLORIDA, shall deposit an additional One Thousand Five Hundred Dollars and No/100 ($1,500.00) subject to approval of the Board of County Commissioners within thirty (30) days of the date of this Stipulated Final Judgment; it is further ORDERED that the Clerk of this Court shall disburse the total amount of Two Thousand Five Hundred Dollars and No/100 ($2,500.00) to EARI~E & PATCHEN TRUST ACCOUNT, c/o Brian P. Patchen, Esquire, 1000 Brickell Avenue, Suite 1112, Miami, FL 33131 for the benefit of Madeline Meyer, as sole beneficiary of the Estate of Joseph DeLucia and as ancillary personal representative of the Estate of Joseph DeLucia; it is further ORDERED that Petitioner, COIJJER COUNTY, FLORIDA, shall disburse the total amount of One Hundred Sixty-Five Dollars and No/100 ($165.00) to BRIAN P. PATCHEN, ESQUIRE, c/o AGENDA ITEM. t I NO. FEB 2 200 · Earle & Patchen, P.A., 1000 Brickell Avenue, Suite 1112, Miami, FL 33131 for attorney's fees; it is further ORDERED that title to Parcel No. 199, a drainage, utility and maintenance easement, being fully described in Exhibit "A" attached hereto and incorporated herein, which vested in Petitioner, COLLIER COUNTY, FLORIDA, pursuant to the Order of Taking dated June 20, 2000, and the deposit of money heretofore made, is approved, ratified, and confirmed; it is further ORDERED that the parties agree that the gross acreage of the parent tract of 5.15 acres remains unchanged by the taking of Parcel 199; it is further ORDERED that the Notice of Lis Pendens filed in the ab6ve-styled cause and recorded in Official Record Book 2653, Page 1178 of the Public Records of Collier County, Florida be dismissed as to Parcel No. 199; and it is further ORDERED that this Stipulated Final Judgment is to be recorded in the Official Records of Collier County, Florida; it is therefor DONE AND ORDERED in Chambers at Naples, Collier County, Florida, this day of ,2004. CIRCUIT COURT JUDGE conformed copies to: Heidi F. Ashton, Esquire Brian P. Patchen, Esquire G. Glenn Tucker, Esquire Kevin Hendricks/Trans/ECM Bookkeeping AGENDA ITEM., NO. J$, C FEB 2 200q pg. ,fi" JOINT MOTION FOR STIPULATED FINAL JUDGMENT The Parties hereby stipulate and respectfully Stipulated Final Judgment as to Parcel No. 199. request this Court to enter the foregoing Dated: Dated: BRIAN P. PATCHEN, ESQUIRE Florida Bar No.: 157545 EARI.E & PATCHEN, P.A. 1000 Brickell Avenue, Suite 11i2 Miami, Florida 33131 (305) 372-1112 - Telephone (305) 372-3691 - Facsimile ATI'ORNEY FOR RESPONDENTS HEIDI F. ASHTON, ESQUIRE Florida Bar No.: 0966770 COUNTY ATTORNEY'S OFFICE Harmon Turner Building 3301 East Tamiami Trail Naples, Florida 34112 (239) 774-8400 - Telephone (239) 774-0225 - Facsimile ATTORNEY FOR PETITIONER AGENDA ITEM No. FEB 2 ~ 200~ 'PROJECT' I~O. 63041 ~PROJ .ECT P,~,RCEL NO. 199 LEGAL DESCRIPTION & SKETCH (NOT A SURVEY') D, ItlBI[ The Nodh 15 feet of the South 65 feet of Tract 34, LESS the East 30 feet thereof, Golden Gate Estates Unit No, 7, as recorded in Plat Book 4, Page 95 of the Public Records of Collier County, Florida, WEST PROPERTY LINE 15 FOOT DRAINAGE. UTILITY AND ./// NORTH PROPER'Pr LINE I I ,~ I EAST PROPERTY LINE I I ' i I I I I I E~STING (EXISTING 50 FT. R/W EASEMENT] OOLO~H. QA.~i~ pLVD.. ': ...?. · ~.'.; ..;. ...; .~....' .;..'/ SOUTH PROPERTY LINE T : ,,.£ r ;..".;,' . .. ?'~:;"' .,,.-~ .-..~,' SCALE: llflCh ' ~0Olee| ~P3UoBiTA~TO. RKS..~ ~3:~ I~iEERiN~DEPT. NAPLES, FLORIDA 34J 12 ~ .-__.__'?::'----- ........ NO. ILk/'-Y FEB 2 ~ 200~, ? ,, EXECUTIVE SUMMARY APPROVE THE STIPULATED FINAL JUDGMENT RELATIVE TO THE ACQUISITION OF PARCEL 161 IN THE LAWSUIT STYLED COLLIER COUNTY V. JOHN W. SCHIEBEL., ET AL., CASE NO. 03-2872-CA (GOLDEN GATE PARKWAY PROJECT//60027). OBJECTIVE: That the Board of County Commissioners approve the Stipulated Final Judgment as full and final compensation to be paid for the acquisition of the fee simple interest of Parcel 161 for the Golden Gate Parkway project in the lawsuit styled Collier County v. John W. Schiebel, et al., Case No. 03-2872-CA. CONSIDERATIONS:. On September 19, 2003 an Order of Taking was entered in Collier County Circuit Court regarding the acquisition of Parcel 161 for the Golden Gate Parkway project (Project No. 60027). On September 30, 2003, Collier County deposited with the Registry of the Court the sum of $21,800.00 for Parcel 161 in accordance with the Order of Taking. Through negotiations, the parties have reached a settlement agreement whereby Respondents, Jean DiSarro and Nicola DiSarro, will be fully and fairly compensated for the property interests taken for the public purposes enumerated in the resolution of condemnation (Resolution No.2003-37). The terms of the settlement agreement are set out in the Stipulated Final Judgment (attached as Exhibit -^-). The Stipulated Final Judgment provides for $28,014.00 to be paid to the Respondents as full compensation for the property rights taken as to Parcel 161. In addition, the Stipulated Final Judgment provides that $1,786.62 will be paid to the Respondent as a reasonable attorney's fees. The Stipulated Final Judgment provides that Collier County shall pay the total amount of $28,014.00 to Respondents, Jean DiSarro and Nicola DiSarro, within 30 days of the date of the Stipulated Final Judgment. Staff has reviewed the County's obligations stated in the Stipulated Final Judgment and consider them to be reasonable. ~ISCAL IMPACT: Funds in the amount of $8,000.62 are available in the FY 04 adopted budget. X~Source of funds are Gas Taxes and Impact Fees. GROWTH MANAGEMENT IMPACT: Consistent with the Collier County Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners: 1. approve the Stipulated Final Judgment; 2. approve the expenditure of the funds as stated; and 3. direct staff to pay the sums set forth in the Respondents, Jean DiSarro and Nicola DiSarro. Stipulated FEB 2 It 2[lOq SUBMITTED BY: REVIEWED BY: REVIEWED BY: APPROVED BY: APPROVED BY: Ellen T. Chadwell Assistant CourgS~ Attorney ~~~ Date: ,,di~vih I:I~(ndripl~s, Manager Right of Way Acquisition Transpgrtation' Utilities & Engineering Dept. /~ ·/~..~/,/~ Date: Gregg Strakdlus'e, [~.E., Director Transportation Engineering & Construct?t) Management /~'/'?~~d~ Date: Norman,E. Feder, Administrator Transpfrtation Division David C. Weigel,'~ou~yAttomi~ Date: NO /'~I -~ FED ~ ~ 200~ IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA CIVIL ACTION COLLIER COUNTY, a political subdivision of the State of Florida, Vo Petitioner, JOHN W. SCHIEBEL, et al., Respondents. Case No.: 03-2872-CA Parcel No.: 161 / STIPULATED FINAL JUDGMENT THIS CAUSE having come before the Court upon Joint Motion made by Petitioner, by and through its undersigned counsel, and Respondents, JEAN DISARRO AND NICOLA DISARRO, for entry ora Stipulated Final Judgment as to Parcel No. 161, and it appearing to the Court that the parties are authorized to make such Motion, the Court finding that the compensation to be paid by Petitioner is the full compensation due the Respondents, JEAN DISARRO AND NICOLA DISARRO, and the Court being otherwise fully advised in the premises thereof, it is thereupon ORDERED AND ADJUDGED that Respondents, JEAN DISARRO AND NICOLA DISARRO, have and recover from Petitioner, COLLIER COUNTY, FLORIDA, the sum of Twenty-Eight Thousand Fourteen and No/100 Dollars ($28,014.00) for Parcel No. 161, as full payment for the property interests taken and for damages resulting to the remainder, if less than the entire property was taken, business damages, and for all other damages in connection with said parcels; it is further ORDERED that JEAN DISARRO AND NIOCLA DISARRO, receive from Petitioner, COLLIER COUNTY, for attorney's fees pursuant to Section 73.092, Florida Sta~[h~Jt',Fg8 of__ NO. FEB 2 200q One Thousand Seven Hundred Eighty-Six and 62/100 Dollars ($1,786.62) for Parcel No. 161; it is further ORDERED that the Clerk of this Court shall disburse forthwith the amount of Twenty-One Thousand Eight Hundred and 00/100 Dollars ($21,800.00) to ROETZEL & ANDRESS TRUST ACCOUNT, c/o Kenneth A. Jones, Esquire, Roetzel & Andress, 2320 First Street, Suite 1000, Fort Myers, FL 33901; it is further ORDERED that except as set forth herein, no attorney's fees, expert wimess fees or other costs shall be awarded in connection with the above cause of action as it relates to Parcel No. 161; it is further ORDERED that disbursement to Respondents, JEAN DISARRO AND NICOLA DISARRO, is subject to any claims of mortgagees; it is further ORDERED that the Court reserves jurisdiction for apportionment, if any, and to assess reasonable attorney's fees and costs in the event of apportionment; it is further ORDERED that Petitioner, COLLIER COUNTY, shall pay the sum of Six Thousand Two Hundred Fourteen and 00/100 Dollars ($6,214.00) within thirty (30) days of the date of this Stipulated Final Judgment, to Respondents, JEAN DISARRO and NICOLA DISARRO, c/o Kenneth A. Jones, Esq., Roetzel & Andress, 2320 1st Street, Suite 1000, Fort Myers, FL 33901- 2904; it is further ORDERED that Petitioner, COLLIER COUNTY, shall pay the sum of One Thousand Seven Hundred Eighty-six and 62/100 Dollars ($1,786.62) within thirty (30) days of the date of this Stipulated Final Judgment, to Roetzel & Andress, c/o Kenneth A. Jones, Esq., Roetzel & Andress, 2320 1st Street, Suite 1000, Fort Myers, FL 33901-2904 for attorney's fees; it is further ORDERED that title to Parcel No. 161, being fully described in Exhibit "t ?*-,,~v. ~-t~,r,-- a~}~ ,~.,~ and incorporated herein, which vested in Petitioner pursuant to the Order of T~ dhted 200 2 Pg ....~r/ September 19, 2003, and the deposit of money heretofore made, are approved, ratified, and confirmed; it is further ORDERED that the Notice of Lis Pendens filed in the above-styled cause and recorded in Official Record Book 3338, Page 1382 of the Public Records of Collier County, Florida be dismissed as to Parcel No. 161; and it is further ORDERED that this Stipulated Final Judgment is to be recorded in the Official Records of Collier County, Florida; it is therefore DONE AND ORDERED in Chambers at Naples, Collier County, Florida, this day of ,2004. TED BROUSSEAU Circuit Court Judge conformed copies to: Ellen T. Chadwell, Assistant County Attorney Kenneth A. Jones, Esquire Chase Mortgage Company East Bookkeeping JOINT MOTION FOR STIPULATED FINAL JUDGMENT The Parties hereby stipulate and respectfully request this Court to enter the foregoing Stipulated Final Judgment as to Parcel 161. Dated: Dated: KENNETH A. JONES, ESQUIRE Florida BarNo.: 0200158 ROETZEL & ANDRESS 2320 First Street, Suite 1000 Fort Myers, Florida 33901 (239) 337-3850 - Telephone (239) 337-0970 - Facsimile ATTORNEY FOR RESPONDENTS 3 ELLEN T. CHADWELL, ESQUIRE Florida Bar No.: 0983860 OFFICE OF THE COUNTY ATTORNEY Harmon Turner Build~.in~g 3301 East Tamiam Tr~iJT£M~'-'~'-~ Florida 341 12 NO. Naples, (239) 774-8400- ~l :lept~ 2/tt ,200/t (239) 774-0225 - F tcsimne · I hereby certify that a tree and correct copy of the foregoing Joint Motion for Stipulated Final Judgment has been furnished by U.S. mail to the parties set forth below. ELLEN T. CHADWELL, ESQ. Jean Disarro Nicola Disarro c/o Kenneth'A. Jones, Esq. Roetzel and Andress 2320 First Street, Suite 1000 Ft. Myers, FL 33901-3419 Chase Mortgage Company East C/o CT Corporation System 1200 S. Pine Island Road Plantation, FL 33324 FEB 2 ~ 2!~- ! Sheet 1 of 2 AVPLAT2003-AR4683 EXECUTIVE SUMMARY PETITION AVPLAT2003-AR4683 TO DISCLAIM, RENOUNCE AND VACATE THE COUNTY'S AND THE PUBLIC'S INTEREST IN A PORTION OF THE 15 FOOT WIDE COUNTY UTILITY EASEMENT LOCATED ALONG THE REAR OF LOT 4, ACCORDING TO THE PLAT OF "VILLA FONTANA UNIT ONE" AS RECORDED IN PLAT BOOK 16, PAGES 71 THROUGH 72, PUBLIC RECORDS OF COLLIER COUNTY, FLOR/DA. LOCATED IN SECTION 8, TOWNSH~ 49 SOUTH, RANGE 26 EAST. OBJECTIVE: To adopt a Resolution to vacate a portion of the 15 foot wide County Utility Easement located along the rear of Lot 4, according to the plat of"Villa Fontana Unit One." CONSIDERATIONS: Petition AVPLAT2003-AR4683 has been received by the Engineering Services Department from Mark and Patsy Hansen, Petitioners, requesting the vacation of a portion of the 15 foot wide County Utility Easement located along the rear of Lot 4. The 15 foot wide easement is actually a Utility Easement and a County Utility Easement. However, only the County Utility Easement was dedicated to Collier County. A portion of the easement is being requested to be vacated because the Petitioners want to construct a pool and pool deck on the rear of their existing home. The pool setback requirement in the rear of the lot is 10 feet so a variance will not be needed. Letters of No Objection have been received from the following Collier County Departments: Public Utilities, Engineering Services, Transportation and Sheriff. Letters of No Objection have also been received fi.om Villa Verona Homeowners Association, Vineyards Utility, Inc., Florida Power and Light, Sprint, Time Warner Cable and the owners of the abutting lots (Lots 3 and 5). Zoning is P.U.D. A copy of this Executive Summary and the date of the County Commission Board Meeting were sent to Ed Kant in Transportation and to Jacquelyn Johnson in Public Utilities on January 15, 2004. FISCAL IMPACT: Planning Services has collected a $1,000 "Petition to Vacate" fee fi.om the petitioner which covers the County's cost of advertising, recording and processing the Petition. GROWTH MANAGEMENT IMPACT: associated with this Executive Summary. There is no Growth Management Impact FEB 2 200 Pg._, ,, Sheet 2 of 2 AVPLAT2003-AR4683 ENGINEERING SERVICES STAFF RECOMMENDATION: Recommendation that the Board of County Commissioners: 1. Adopt the Resolution for Petition AVPLAT2003-AR4683 for the vacation of a portion of the 15 foot wide County Utility Easement along the rear of Lot 4, "Villa Fontana Unit One"; and 2. Authorize the execution of the Resolution by its Chairman and direct the Clerk to the Board to record a certified copy of the Resolution in the Official Records; and 3. Request the Clerk to the Board to make appropriate marginal notes on the recorded plat. PREPARED BY: Rick Grigg, P.S.M. Engineering Services Thomas E. Kuck, P.E. Engineering Services Director DATE:., /~o~ph K. Schrhitt, Administrator /~mmunity Development & Environmental Services /'7/4- FEB 2 203q. RESOLUTION NO. 2004- A RESOLUTION OF THE COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS FOR PETITION AVPLAT2003-AR4683 TO DISCLAIM, RENOUNCE AND VACATE THE COUNTY'S AND THE PUBLIC'S INTEREST IN A PORTION OF THE 15 FOOT WIDE COUNTY UTILITY EASEMENT LOCATED ALONG THE REAR OF LOT 4, ACCORDING TO THE PLAT OF "VILLA FONTANA UNIT ONE" AS RECORDED IN PLAT BOOK 16, PAGES 71 THROUGH 72, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. LOCATED IN SECTION 8, TOWNSHIP 49 SOUTH, RANGE 26 EAST. WHEREAS, pursuant to Section 177.101, Florida Statutes, Mark and Patsy Hansen, Petitioners, do hereby request the vacation of a portion of the 15 foot wide County Utility Easement located along the rear of Lot 4, according to the plat of "Villa Fontana Unit One" as recorded in Plat Book 16, Pages 71 through 72, Public Records of Collier County, Florida; and WHEREAS, the Board has this day held a public hearing to consider vacating a portion of the 15 foot wide County Utility Easement located along the rear of Lot 4, according to the plat of"Villa Fontana Unit One," as more fully described below, and notice of said public hearing to vacate was given as required by law; and WHEREAS, the granting of the vacation will not adversely affect the ownership or right of convenient access of other property owners. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the County's easement interests over and across the following portion of the 15 foot wide County Utility Easement are hereby vacated, extinguished, renounced and disclaimed, and this action is declared to be in the Public's interest and for the Public's benefit: See Exhibit "A" attached hereto and incorporated herein. Page 1 of 2 BE IT FURTHER RESOLVED, that the Clerk to the Board is hereby directed to record a certified copy of this Resolution in the Official Records of Collier County, Florida, and to make proper notation of this vacation on the recorded plat as referenced above. This Resolution is adopted this after motion, second and majority vote favoring same. day of ,2004, DATED: ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: Deputy Clerk Chairman Approved as to form and legal sufficiency: Assistant CounYy Attorney Page 2 of 2 AGENDA ITEM FEB 2 200 , LEGAL DESCRIPTION EXH/BIT "A" SHEET I OF 2 AVPLAT2003-AR4683 PARTIAL EASEMENT VACATION Being a part of Lot 4, VILLA FONTANA, UNIT ONE recorded in Plat Book 16, Pages 71 and 72 of the Public Records of Collier County, Florida, being more particularly described as follows: Commencing at the Southwest comer of Lot 4, VILLA FONTANA, UNIT ONE recorded in Plat Book 16, Pages 71 and 72 of the Public Records of Collier County, Florida and nm N56051'13"W for 15.0 feet; thence nm N33°08'47"E for 5.0 feet to the Point of Beginning of said easement vacation; thence continue N33°08'47"E for 44.0 feet; thence nm S56°5 l'13"E for 5.0 feet; thence S33°08'47"W for 44.0 feet; thence N56°51'13"W for 5.0 feet to the Point of Beginning, subject to restrictions and reservations of record containing 220.0 square feet. Prepared by: Carol E. Nelson, P.L.S. 330 Wilson Boulevard Naples, Florida 34117 Date: Oct. 17, 2003 AGENDA ITEM FEB 2 SKETCH OF LEGAL DESCRIPTION SECTION 8, TOWNSHIP 49 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA LOT ~ EXHIBIT "A" SHEET 2 OF 2 AVPLAT2003-AR4653 LOT 4 Legol Description: LOT 4, HLLA FONTANA, UNIT ONE recorded in Plot-.Book 16, poge~ 71 ond 72 of the Public Records of Collier County, FTorido LOT 5 P.O.C. SOUTHWEST CORNER OF LOT 4. VILLA FONTANA, UNIT ONE / / :0' / / IcuRv~ I RADIUS I LENGTHI CHORD I BEARING I Cl 40.00' 15.38' 15.28' N14'59'33"W THIS IS NOT A SURVEY. POB=POINT OF BEGINNING POC=POINT OF COMMENCEMENT DESCRIPTION: PARTIAL EASEMENT VACATION 22'01'32" BY: ~ '~ CAROL g. NELSON, PLS FLORIDA REG. NO. 5013 SCALE: DATE: A C-,,"~ A I~TF_I~ CAROL E. NELSON, P.A. PROI~SSIONAL LAND SURYEY( 'R FEB 2 ~ 200~ z3o NA.P~, F%,0RIDA 34117-936 / (239) 3o~-oo55 pg.~ .. .=20.0.I OCT 2003 C~ BY: C.g.N. Jan. 9, 2004 1U'IUAM ~u.uo~ r. ~ Date Received: PETITION FORM FOR VACATION OF PLATS OF Attaclunent "B" OF PLATS OR PORTIONS SUBDIVIDED LAND Petition #: Telephone: Zip Code: Zip Code: , ~ . ~r..~-.~,..~..L Subdivision: '~/~ ,1:: ,.:.- , ,:.~ , , · .,,ge.t: Address: ~C/~ tzf;r?,,r~.~/~ ~ T~phone: ~lS~te: Addr~ of'Subj~ P~pe~:_ j~ ~ ~~'~ ~'; ~'~ ~' ~ca6on: Sectinn ~' To~ship~ ~ge' ' ~ Desc~pdonr ~t ~ Block Unit I he. by autho~e Agent above to repr~ent me for th~ ~nte (Title) Signature of Petitioner iht t~ame Please see "Policy and Procedure for the Vacation and Annulment of Plats or Portions of Plats of Subdivided Land" for the list of supportive materials which must accompany this petition, and deliver or mail to: Community. Development & Environmental Services Division Planning Services Department 2800 North Horseshoe Dr. Haple~ Florida 34104 O) (z) o) (4) If applicant is a land tr~st, indicate the name of beneficiaries. If applicant is a corporation, other than a public corporation, indicate the name of officers and umjor stockholders. It. applicant is a partnership, limited partnership or other business entity, indicate the name of principals. AC~NOA ITr~4 J~iSt all othe~ owners. No,.. / '/. FEB 2 4 200 PR.. Official Receipt - Collier County Board of County Commissioners CDPR1103 - Official Receipt ITrans Number 427996 Date I Post Date 9/2/2003 12:18:07 PM 1 9/2/2003 Payment Slip Nbr AR 4683 Appl Name: MARK & PATSY HANSEN Appl Stage/Status: COMPLETENESS STAGE/PENDING Address: 112 FOUNTAIN CIR NAPLES FL 34119-4636 Proj Name: HANSEN, MARK Type: TAZ: 68 Subdiv Nbr: 1864 Project Nbr: 2003090003 Payor' HANSEN Fee Information Fee Code 12TRVC Description REV ACCT/VAC EASEMENT-ROW GL Account 11313832032910000000 Total Amount $1000.00 $1000.00 Waived IPayment Code CHECK Payments IAccount/Check Number 2436 Amount $1000.00 Memo: Total Cash I Total Non-Cash $1000.00 Total Paid I $1000.001 Cashier/location: GARRETT_S / 1 User: SMITH_G Collier County Board of County Commissioners CD-Plus for Windows 95/NT a~ ~kk~ ~ ~> Metropolitan Title & Guaranty ~,~'~Tamiami Trail North, 9304 Naples, Florida 34103 Th~..w,~b~. Taz~y Klein Metropolitan Title & Guaranty ~ 3838 T~miami Trail North, 9304, NaDles, Florida 34103 804,72501403 Christopher L. Butts and Delores K. Butts, husband and wife h~m~L(~fca~e~c~mn~f, to Mark ~ ~d Pat~ H~s~, hus~d ~d wife ~o~ 112 Fo~tain Circle ~ples, ~ ~119 Wim~sc~: ~~,~~of~ roofs 10.00 ~o~ ~ ~, ~t w~f ~ ~ ~w~' h~y ~u, ~, ~, ~, ~, ~,~nv~ ~ ~~ ~~ ~ Coil/er ~t 4, ~ FO~, ~T ~, a ~ivision accor~ng to the plat thereof, as recorded [n Plat ~ok 16, P~es 71 ~d 72, of t~ ~lic Recor~ of Collier Cowry, Florida. ~ ~I~ ~n~e ~d ~r~s ~s~ descried as Eollows: A parcel of l~d lying in ~d ~ing a ~rtion of ~t 3, ~ F~, ~IT O~, ~ r~ord~ in Plat ~ok 16, p~ge 71 ~d 72, of ~he ~lic ~ecor~ of Collier Cowry, Flori~ md berg ~re ~ticul~ly ~scrib~ ~ metes ~d ~ ~ foll~s: Continued To Havc ~ ~ Hol~ ~ ~ ~ ~ ~ ~=. .1AMM KLEIN ~ ~ Delores E. ~tts ~ Naules. FL ~411~ S~ACH ABOVE 'tiffs J.~F~ pOi. IF,~O~JH]q~ ~ATA 26th dayof April A.D. 200! by STAT~ OF Florida COTTRTY OF Collier ~knowhx~6m~Sx~y~ Christopher L. Butts and Delores E. Butts, hus~d wi f e Florida State Driver's Lic~e ~~~ ~ ~w~~ th~ ~ I / AGENDA IT~' -- FEB2 % 200% OR: 2814 PG: 303t *** Continua=ion of a Legal Description Beginn£ng at the front cc~non property corner of ~.ot 3 and Lot 4, Villa Fontana, Uni~ O~e; ~hence North 63'58'23' East 55.49 feet~ thence Nor=h 56'51'13' West 17.47 feet~ thence Sou~h 63'58'23° West 49.46 feet to ~he Northerly right of way of Founta/n Circle as shown on said Dlat~ ~hence Southerly 15.37 feet along ~he arc of a curve, ~hrough a central angle of 22'01'18' having a radius of 40.00 feet and being subtended by a chord ~hat bears South 37'01'01' East and having a chord distance of 15.28 feet to the POINT OF BEGII~T~NG. AGENDA ITEM ~. /'7~ FEB 2 ~ 200~ ~... ,,"¢ 6 I- ~ ~ tv' z z ~® ® YdYN 0 0 n Names and Addresses of Property Owners within 250 ft. of property located at 112 Fountain Circle Property Owners to thc North and North West Sal and June Todaro 114 Foumain Circle Naples, Florida 34119 No Objection letter is vacation letter I0 This is one of the adjacent property, owners. Lot 3 Joe and Martha Bradley 116 Fountain Circle Naples, Florida 34119 No Objection letter attachec[ Lot 2 Four J's Naples Realty LLC C/O Delofis Joy Beiser 20 Seagate Dr. Naples, FL 34103-2471 Lot 1 Property Owners to the South Frank and Virgina LaPlaca 114 Fountain Circle No Objection letter is vacation Naples, Florida 34119 letter # 10. This is one of the adjacent propetl:y owners. Lot 5 William and Barbara King 102 Fountain Circle Naples, Florida 34119 Lot 6 Carl and Rosina Ascari 100 Fountain Circle Naples, Florida 34119 Lot 7 Roberta Carsello Uhlar 96 Fountain Circle Naples, Florida 34119 Lot 8 Joesph and Rosemary Walley 94 Fountain Cirlce Naples, Florida 34119 Lot 9 Parcel Collier County Tax Collector 3301 Tamiami Trail East, Naples, FL 34112-4997 2002 Tax Roll Inquiry System Page 1 of 1 OWNER INFORMATION PROPERTY INFORMATION Name:IIPARISEAU, LEONARD F & DORIS C IParcel:l18047250410e II Acre:Il0'00 Address:Il59 FOUNTAIN ClR Address:Il ^dd~ess:ll Address:llNAPLES, FL 34119-4637 VALUE/EXEMPTION.~ Taxble Value:ill38974 J Millage Code:lb8~ I Homestd Ex:l125ooo J Agricltr Ex:ilo I W~dow Ex:Il0 I Blind Ex:ii0 I oisab~eU:]10 I Veteran Ex:il0 I Who,,y Ex:Il0 I Civ,ian Ex:Ilo I TAX INFORMATION County:Il543.65 School st:ii604.40 School Ioc:JJ356.e5 City Tax:ii0.00 Dependt:Jj135.11 Independ:lJ155.19 Voter Appr:lJ3.72 * Gross Tax:Ill,998.56 Appr fee:Jlo.0o Advertising:J J0.00 J Loc:lis9 FOUNTAIN CIR, NAPLES {M~_p) J Lega~:JlwLLA FONTANA UNIT ONE I Lega~:llLOT 34 I Lega':ll J Lega~:JJ I PAY TERMS PAYMENT INFO I Paid Dt :1111~3m Recpt:J118050 Uach:ll09 Paymt:l11,ga8.62 J'~JJ1,918.62 I---b~111,938.6o J~n:ll~ ,958.59 Feb:Ill ,978.57 Mar:II1,998.56 Apr:II°'°° May:llo.oo I I STATUS INFO. Non Ad va:JJY Installment:liN Defen'ed:llN Bankrupt::lIN TDA:IJo COMMENTS * Non Ad Valorem Amount Included in Gross Tax I NON AD VALOREM INFORMATION IJ Type IlAuth # IlAuth Name IlPer JJAmount 1190~3 iJmsT ~ 11~27.27 Garbage IIGARBAGE Last Updated: 10/2/2003 5:00pm .hjtp ://www.colliertax.com/RecordDetail.aso?FoliolD=80472504109 Parcel Page 1 of 1 Collier County Tax Collector 3301 Tam/ami Trail East, Naples, FL 34112-4997 2002 Tax Roll Inquiry System d- o~-~o OWNER INFORMATION Name:IIMAGALLANES, JOSE & NANCY L Address:Il61 FOUNTAIN CIR Address:Il Address:II Address:II Address:JJNAPLES, FL 34119-4637 I J PROPERTY INFORMATION I IParce=:lls04?2S0"206 II A~e:ll0.00 I Ill Loc:Il61 FOUNTAIN ClR, NAPLES JUmp) IIII Lega,:JJV,LLA FONTANA UN,T ONE IIII Lega':llLOT 32 IJ Jl Lega':ll Illl 'ega':ll VALUE/EXEMPTIONS TAX INFORMATION PAY TERMS PAYMENT INFO Coun~:llsss.?9 School St:Il630.11 School Ioc:JJ371.20 City Tax:llo.oo Dependt:l1140.86 water:l176.29 Independ:l1161.80 J Voter Appr:lJ3.88 J * Gross Tax:JJ2,07S.20 J Appr fee:II0.00 Advertising:J[5.97 Taxble Value:JJ144887 J Millage Code:Ill81 J Homestd Ex:Ilo J Agricltr Ex:Il0 I Widow Ex:Ilo I Blind Ex:Il0 I Disabled:II0 I Veteran E×:JJ0 I Wholly Ex:Ilo I Civi,ia. Ex:Il0 I I N°":lh,*~)5-°7 I Dec:ll~,°ls'ss I I Jan:lj2,°3s-64 I---~ql~,o~..~ ~1~,o~.~o Paid Dt :llo2/~s/o3 Recpt:l113462 Mach:ll05 Paymt:l12,057.42 Mort:Ilo STATUSINFO. Non Ad va:JJY Installment:HN COMMENTS * Non Ad Valorem Amount Included in Gross Tax J!T~y~:age NON AD VALOREM INFORMATION IlAuth # IlAuth Name IIPer lJ9013 IIGA.BAGe I[DIST 1 J[127.27 ' I .:. BaCkt0 Search Last Updated: 10/2/2003 5:00pm col! i efta x_ corn ,/l~~asn~_oliD~-- ~72 5 042 0_6 AGENDA ITEM FE8 2 ~ "'"'"', Parcel Page 1 of 1 Collier County Tax Collector 3301 Tamiami Trail East, Naples, FL 34112-4997 2002 Tax Roll Inquiry System OWNER INFORMATION I I PROPERTY INFORMATION Name:llALAIMO, CHARLES E & MARVE ANN 80472504303 II Ac~e:ll0.00 I Address:Il63 FOUNTAIN ClR Address:Il Address:Il Address:Il Address:IINAPLES, FL 341194637 VALUE/EXEMPTIONS Taxble va~ue:l112o777 Mi"age C°de:l1181 Homestd Ex:l125ooo Agdcltr Ex:Il0 Wid°w Ex:Il0 B,nd Ex:Il0 Disabled:Il0 · Veteran Ex:Ilo Who,y Ex:Il0 Civilian Ex:Il0 TAXINFORMATION County:Il472.47 I Sohoo, S,:11525.26 School Ioc:11309.43 ci,y Tax:llo.oo Dependt:l1117.41 water:Il63.59 Independ:l1134.87 Voter Appr:l13.24 Gross Tax:Ill ,753.54 Appr fee:Il°'°° I Advertising:Il0.00 63 FOUNTAIN CIR, NAPLES I LegaI:IIVILLA FONTANA UNIT ONE ~ILOT 33 PAY TERMS III N°v:lll'683'40 II Dec:Ill ,700.93 II Jaq:l[1,718.47 Feb:lll,Ta6'00 Mar:l[l'753'54 Apr:Il0'00 Uay:ll0.00 PAYMENT INFO Paid Dt :1111/27102 Recpt:l134804 Mach:l[30 Paymt:l[1,683.40 Mod:H205248 STATUS INFO. Non Ad Va:flY I Installment:liN Deferred:JJN COMMENTS * Non Ad Valorem Amount Included in Gross Tax II NON AD VALOREM INFORMATION Type IlAuth # IlAuth Name IJPer JJAmount JlOarbage 119013 IIDIST 1 1[~27.27 IIGARBAGE Last Updated: 10/2/2003 5:00pm AGENDA ITEM~ ... /TFr- FEB 2 4 2004 Parcel Collier County Tax Collector 3301 Tamiami Trail East, Naples, FL 34112-4997 2002 Tax Roll Inquiry System Page 1 of 1 OWNER INFORMATION PROPERTY INFORMATION Name:]IWARNER, CHARLES M IParcel:lls047250--00 II Acre:Il°'°° AOOress:]165 FOU.TAI. CIR Address:IINAPLES, FL 34119-4637 [ Loc:[[6S FOUNTAIN CIR, NAPLES {Map_) Taxble Value:l[l13829 ] Millage Code:Ill81 [ .omestd Ex:Il25000 I Agricltr Ex:Il0 widow Ex:IloI Blir, d Ex,Ilo I O'sab'ed:lloI Ve,erar, EqlO I Who,,~. Ex:Ilo I Civ,,ia. ~,dlo I I LegaI:IIvILLA FONTANA UNIT ONE I Legal:llLOT 34 I Legal:II [Legal:Il VALUE/EXEMPTIONS TAX INFORMATION PAY TERMS cou.,y:ll-5.29 School st:II49s.o4 School ~oc:l1291.63 city Tax:Il0.00 Dependt:l1110.67 Independ:[1127.11 Voter Appr:ll3.o5 Appr fee:llo.oo Advertising:Ii0.00 I PAYMENT INFO I Paid Dt :ll'~m I Recpt:ll~°ss Mach:ll30 Paymt:ll1,593.59 STATUS INFO. Non Ad Va:J[Y Installment:JJN Deferred:liN Bankrupt:liN I TDA:II0 I COMMENTS * Non Ad Valorem Amount Included in Gross Tax JJAuth # JJPer JJAmount I1' age Ii9°~3 Il~ARBAGE iID'sT ~ 11~7'2~ JJAuth Name Back toSeatch: J Last Updated: 10/2/2003 5:00pm AGENDA FEB 2 ~ 200~ <~ Z <~l~l i--z © u..~ I /F AGENDA FEB 2 ~ .... NO~ 5/8 ROD 10' UE~ FOUND NAIL N SITE 5/8 ROD LB 6569 LOT 5 (OCCUPIED) PLAN FOUND s/a ROD ~10 CAP ONE STORY RESIDENCE LOT 3 (OCCUPIED) FOUND 5/8 ROD LB 3964 / / 4 ICURVE I RADIUS I~Gml CHORD I BEARING I DELTA I Ir'OF. ND/ABBREVIATIONS 0 ~r ~ON P/,'J IV/I~AP u~ - u~S Oct. 16, 2003 THIS SURVEY I$ PREPARED FOR: MARK HANSEN and PATSY HANSEN Date of Survey:. LEGAL DESCRIPTION LOT 4, t4LLA FONTANA, UNIT ONE. recorded in Plot Book 16, pages 72 of the Public Records of Collier County, Flor/da ADDRESS OF PROPERTY,. Scale: 1" = 20' ARBOR BLYD. AS BriNG S53'08'47'W Project No. VtLFONT04 ELEVA110NS BASED ON AN ASSUMED 100.0'. FB No. _.~57~ p. 17 Job No. 0.5387 NOT VAUO UNLESS EMBOSSED WlTH SEAL COPYRIGHT ?OOJ 8Y CAROL E. NELSON, P.A., AU- RIGHI~ RESERVED. 112 FOUNTAIN CIRCLE NOTES; FLO00 ZONE 'X' - PANEL 120067 0215 &: 0425 BEARINGS BASED ON PHY~CAL CE:NTERUNE OF Carol E Nelson, P.L.S~ /5013 JJO HMson Boulevard South Naples, Florida J4117-gJ64 (2.39) $04-0055 Office (2J9) .304--0047 Facsimile 2 "g. I hereby certify that this survey meets the minimum technical standards os per Chapter 61G17-6 F.A.C. This is not o certificate of ~Ttle, Zon~g, or Freedom of encumbrances. Abstract has not been revfewed and other easements and restrictions may apply to this parcel. Ail other easements that exist ore required to be provfded to the surveyor bY the client of his COLLAR COtJNIY PUBLIC UTILITIES DMSION 3301 E. Tamiami Trail · Naples, Florida 34112 · (239) 732-2575 · FAX (239) 732-2526 July 30, 2003 Patsy Hansen 112 Fountain Circle Naples, FL 34119 Re: 112 Fountain Circle Easement Vacation Request Dear Ms. Hansen: This office has reviewed your request to vacate a portion of the easement on the southeast portion of the above-referenced lot near Arbor Boulevard. The full description of the easement area to be vacated is attached. The Collier County Water-Sewer District has no facilities in the area and we therefore have no objection to the vacation of the easement. Should you have any further questions, please feel fi:ee to contact me at 732-2571. Sincerely, j a Engineering Technician cc: Paul Mattausch, Water Director Joseph Cheatham, Wastewater Director Rick Grigg, Land Surveyor, Community Development g:\engineering tech\easement-r.o:w. ~v~t~fi\i~_.~_____~l_~ fountain circt~do, c o FEB 2 ~ 200~ COLLIER COUNTY GOVE COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DIVISION Engineering Services Department 2800 N. Horseshoe Dr. · Naples, Horida 34104 ° 239-659-5744 ° Fax 239-643-6968 ENGINEERING REVIEW SECTION www. co.collier, fl.us July 30, 2003 Ms. Patsy Hansen 112 Fountain Circle Naples, FL. 34119 Re: Letter of No Objection Structure Encroachment into 15' Utility Easement Villa Fontana at the Vineyards, Lot 4 Dear Ms, Hansen: We have reviewed the information submitted to us as justification for the above referenced request for a 5 foot vacation of a 15 foot County Utility and Utility Easement and have no obiection to the vacation for the following reasons: There appear to be no drainage facilities within the easement area This approval is granted with the following stipulations: 1. All other easement holders must be notified and written concurrence must be obtained from them for the vacation. 2. If maintenance of the easement or of structures within the easement is the responsibility of a homeowner's organization, written approval must be obtained from that entity. If you should have any questions, please feel free to contact us at 403-2471. J°hn R-H°uldsw°rth ~lr~t [_ ~ Senior Engineer .~,_i v,~.~'~--~-~-~ FEB 2 6 200 COLLIER COUNTY GOVERNMENT TRANSPORTATION SERVICES DIVISION TRANSPORTATION OPERATIONS DEPARTMENT August 12, 2002 Mrs. Patsy Hanson 112 Fountain Circle Naples, Florida 34119 2705 S. HORSESHOE DRIVE NAPLES, FL 34104 (941) 774-8494 FAX (941) 659-5787 transportation@colliergov, net Subject: Request for Vacation of Easement Dear Mrs. Hanson: The Collier County Transportation Operations Development Review and Permitting Department has reviewed the information showing a proposed swimming pool extending into the 15' Utility Easement that crosses the rear yard of your property. Based on an inspection of the plat, the easement appears to be a Utility easement and not a roadway or drainage easement. Therefore, the Transportation Services Division has no interest in the easement and cannot offer any opinion as to whether or not the vacation should be granted. Please present a copy of this letter to the Engineering Review Section so that they will be aware that we have reviewed your request. If you have any questions regarding this matter, do not hesitate to contact me. V~/~ ly your~ Edward ~.~K~/fff//P .E~. Transporta~ff/Operations Director CCi Richard Grigg, P.S.M., Engineering Review Services File: Vacations FEB 2 2004 A 3301 Tamiami Trail East, BIdg - J, Naples, FL 34112 (941) 774-4434 www. colliersherift org June 30,2003 Mr. Jim Allen, Design Consultant Nassau Pools Construction, Inc 3420 Westview Drive Naples, FL 34104 RE: PETITION TO VACATE EASEMENT, TO ALLOW CONSTRUCTION OF AN UNDERGROUND SWIMMING POOL, AT THE HANSON RESIDENCE, 112 FOUNTAIN CIRCLE. LOT 3 AND LOT 4, VILLA FONTANA, UNIT ONE Dear Mr. Allen: Staff has reviewed your request for a letter of"No Objection" for the above described project. The particular vacation is as described in your letter of May 3, 2003. The Sheriff's Office reviews these requests to determine if the granting of the vacation will have any foreseeable negative effect on our ability to provide law enforcement services to the area. These services include emergency response, patrol, and traffic enforcement. So long as the vacation, either now or in the future, does not impinge on our ability to deliver these services, the Collier County Sheriff's Office has "No Objection" to the granting of your request. If the agency can be of any further service, please advise. DH:GY:dv 'q'he duty of the Collier County Sheriff's Office i,, the lives, property and constitutional guan VILLA VERONA HOMEOWNERS ASSOCIATION C/o Resort Management 2685 Horseshoe Drive Naples, FL 34104 July 15, 2003 Mr. & Mrs. Hansen 112 Fountain Circle Naples, FL 34119-4636 Re: Letter on No Objection Dear Mr. & Mrs. Hansen, This letter corLfirms that the Board of Directors for the Villa Verona Homeowners' Association do not object and do approve of your request to alter your home according to the submitted plans. The Board of Directors for the Villa Verona Homeowner's has no objection to the proposed vacation. Sincerely, Tony Sciarrino President Board of Directors Villa Verona Homeowners' Association AGENOA I, No.~~. ',. FEB 2 December 10, 2003 Board of County Commissioners Collier County Cour~ho~ Complex 3301 Tamiami Trail East Naples FL 33962 Vacation of Easement 112 Fountain Circle Vineyards Utility, Inc. 75 Vineyards Boulevard Naples FL 34119 2.~9-353-.1973 Phone 239-348-8757 Fax Dear Commissioners: Vineyards Utility, Lac.has no objection to vacating the above mentioned easement. Should you have any questions, please contact us. .Sincerely, Thorna~ Masters Director FPL aP, FPL Gro~p company Anne Harris Associate Project Designer 4105 15th Ave SW Naples, FI 34116 PHONE 239-353-6070 FAX 239-353-6082 April 7, 2003 Nassau Pools Construction, Inc. 3420 Westview Drive Naples, FL 34104 RE: Hanson Residence-112 Fountain Cir To Whom It May Concern: Thank you for your recent request for a "Letter of no Objection" for the installation of a pool at 112 Fountain Cir. Attached is a copy of our drawing that shows our facilities are in the front easement of this property and the pool is of no conflict to us. If you have any further questions please feel free to contact me at 239-353-6070. Re~r~ectfully, Anne Harris Golden Gate Office AGENDA IT~ -~ FEB 2 ti 200q I~ 0. Box 2469 Naples, FL 34106-2469 Date: May 28, 2003 Mr. Jim Allen Nassau Pools Construction Inc. 3420 Westview Dr. Naples, FL 34104 Re: Easement Encroachment Dear Mr. Allen: This letter is to inform you that after investigation and reviewing the survey prepared by First Financial Surveyors, Inc., we find your encroachment into the utility easement, located in the rear of Lot #4 (along Arbor Blvd) at 112 Fountain Circle, does not interfere with Sprint utilities. Sprint-Florida, Inc. has no objection to the location and placement of your pool at the above address. Please be aware that there are buried telephone cables on this property and extreme caution should be used when working in this area. Our Locating Service should be called 48 hours in advance at 1-800-432-4770 for field location of telephone facilities. Should you require any additional information, please contact me at (239) 263-6268. Sincerely, Henry Hoff Associate Network Engineer II - E & C A(ENDA r~=]~' FEB 2 200 ,,._ .2?_ CABLE June 16, 2003 Mr. Jim Allen Nassau Pools Construction Inc. 3420 Westview Drive Naples, FL 34104 Hanson Residence - 112 Fountain Circle, Naples FL 34119 Lot 3 and Lot 4, Villa Fontana, Unit 1 Letter of No Conflict Dear Mr. Allen: Time Warner Cable (TWC), with franchise authority in Collier County, and Florida Cablevision Management Corporation, its operating entity, has reviewed the above mentioned project and find no conflict. This letter will serve as Time Warner Cable's letter of no involvement. Should you have any questions or require any additional information, please do not hesitate to contact me. Sin~rely, /~~ViitNER CABL~ Construction Su ~ervisor MS/dm CC: Commercial Development Dept., TWC Joe Crone, Technical Operations Director 1610 - 40th Terrace, Naples, Florida 34116 Tel (941) 598-1104 Fax (941) 455-2187 1418 SE Tenth Street, Cape Coral, Florida 33990 Tel (941) 574-2020 Fax (941) 574-2813 FEB 2 6 2026 July [~,2003 To Whom It May Concern: We have no objection to the proposed easement vacation on our neighbors' Mark and Patsy Hansen's lot. Sincerely, ! AGENDA I'IT~Xi FEB 2 ~, 200q July ,20O3 To Whom It May Concern: We have no objection to the proposed easement vacation on our neighbors' Mark and Patsy Hansen's lot. Sincerely, FEB 2 ~ 2004 Map Output Page 1 of 1 h~ttp://arc.collierappraiser.com/servlet/com.esri.esrimap. E_s[imap ?ServiceName=ccp~.-. FEB 2 q L:2'} EXECUTIVE SUMMARY CUE-2003-AR-4856, JAMES K. KEISER, REPRESENTING SOUTHERN EXPOSURE OF NAPLES, INC., REQUESTING A ONE-YEAR EXTENSION OF AN APPROVED CONDITIONAL USE FOR A CLOTHING OPTIONAL SOCIAL CLUB LOCATED AT 1311 JAYBIRD WAY, IN SECTION 18, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF APPROXIMATELY 8.71 ACRES. OBJECTIVE: To have the Board of County Commissioners approve a Conditional Use Extension for a clothing optional social club. CONSIDERATIONS: The Petitioner requests an extension of a Conditional Use for a clothing optional social club. Section 2.7.4.5.1 states that any Conditional Use shall expire three years from the date of grant, if by that date the use for which the conditional use was granted has not been commenced. The subject Conditional Use was approved on September 12, 2000. The petitioner applied for the extension before expiration of the Conditional Use, however staff review delayed the BZA hearing. Section 2.7.4.5.3 states that the Board of Zoning Appeals may grant a maximum of one one-year extension of an approved Conditional Use upon written request of the petitioner. If extended, the Conditional Use will expire on September 12, 2004. A Site Improvement Plan for the club was submitted by the petitioner and is currently under review. It is in the "resubmit" phase, waiting for additional information from the petitioner. However the LDC states that the use shall commence prior to expiration of the Conditional Use (or extension). The use cannot officially commence until the Site Improvement Plan is approved, therefore the petitioner requests a one year extension. FISCAL IMPACT: There will be no fiscal impact beyond those detailed in the attached original Executive Summary. AGENDA GROWTH MANAGEMENT IMPACT: The subject property is within the Urban Residential Subdistrict on the Future Land Use Map of the Growth Management Plan's Future Land Use Element. The original analysis in the attached staff report found the petition consistent with the Growth Management Plan. Changes to the GMP since that time have not affected that analysis. HISTORIC/ARCHAEOLOGICAL IMPACT: Staff's analysis indicates that the petitioner's property is not located within an Area of Historical and Archaeological Probability as referenced on the official Collier Count>' Probability Map. Therefore, a survey or Waiver of Historic and Archaeological Survey & Assessment is not required. EAC RECOMMENDATION: Conditional Use Extensions are not heard by' the Environmental Advisor' Council. PLANNING COMMISSION RECOMMENDATION: Conditional Use Extensions are not heard by the Planning Commission. PLANNING SERVICES STAFF RECOMMENDATION: Because the use is consistent with the applicable provisions of the Growth Management Plan and the Land Development Code, and review of the Site Improvement Plan is underway, staff recommends that the Board of Zoning Appeals approve petition CUE- 2003-AR-4856, extending the expiration date until September 12, 2004, subject to the conditions in the resolution. AGENDA IT FEB 2 4 2004 PREPARED BY: F L, AICP, P~UNCIPAL PLANNER DATE DEPARTMENT OF ZONING & LAND DEVELOPMENT REVIEW REVIEWED BY: LLOWS, CH F PLANNER D--A-CE DEP/~RTMENT OF ZONING & LAND DEVELOPMENT REVIEW o~ . q -O /~USAN MURRAY, AI~>,-DIRECTOR DATE DEPARTMENT OF ZONING & LAND DEVELOPMENT REVIEW APPROVED BY: JOSjEPIt K. sc'HIoII=FT, ADMINISTRATOR D(ATE /OMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION CUE-2003-AR-4856 The Executive Summary and Staff Report (CU-2000-06) for the original Conditional Use petition are attached. FEB l q 2004 EXECUTIVE SUMMARY PETITION CU-2000-06 DAVID W. RYN-DERS, REPRESENTING JAMES K. KEISER, REQUESTING CONDITIONAL USE "14" OF THE "A" ZONING DISTRICT FOR A CLOTHING OPTIONAL SOCIAL CLUB PER SECTION 2.2.2.3. FOR PROPERTY LOCATED AT 1311 PET RANCH ROAD, IN SECTION 18, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA CONSISTING OF 8.71 +/- ACRES. OBJECTIVE: The petitioner is seeking Conditional Use "14" of the "A" Rural Agricultural zoning district in order to allow for an existing Social Organization to remain on site. PURPOSE/DESCRIPTION OF PROJECT: The petitioner is proposing to legitimize an existing social club in which persons reportedly engage in social and recreational activities and who are not clothed. Existing facilities include: an enclosed pole barn with kitchen facilities, restroom facilities, an office, deck and hot tub; a sunbathing area adjacent to an existing lake; a dock and boat ramp facility; an outdoor barbecue pit/picnic area, and a parking area. The subject property is a partially developed 8.71-acre site located between Whippoorwill Lane and 1-75, approximately one-half mile south of Pine Ridge Road. Approximately 2 +/- acres of the site consists of developed upland, the remaining portions of the site, approximately 6 +/- acres is comprised of a lake. Access to the site is provided from Whippoorwill Lane, Nighthawk Drive and a driveway located off of Pet Ranch Road. CONSIDERATIONS: The site fronts on a lake, which abuts 1-75 to the east. Access to the site is from Pet Ranch Road, which according to the property owner, is an improved, state owned and maintained access easement along the western property boundary of the site. Access to Pet Ranch Road is provided from Nighthawk Drive, an unimproved private, dirt/limerock road that intersects with Whippoorwill Lane. Several residential and mixed-use Planned Unit Developments (PUD) which fi-ont Whippoorwill Lane and the future Livingston Road extension have been approved and/or are planned to develop in that area. The Board of County Commissioners recently approved staff's recommendation to create an east/west link between Whippoorwill Lane and Livingston Road just north of the Wyndemere PUD, at the section line. The Traffic Circulation Element and the County's Trafficways Map will be amended to show this link and Whippoorwill Lane as an Urban Collector Roadway. Whippoorwill Lane (currently unimproved) will be improved to a 2-lane collector roadway once surrounding PUD's ar~e__dg_yelop.e.d.. . AGENOA ITEM ~,~ PROS/CONS: The list below contains a summary of the evaluation of the criteria, which are specifically noted in Section 2.7.4.4. of the Land Development Code requiring staff evaluation and comment, and used as the basis for a recommendation for approval or denial by the Planning Commission to the Board of County Commissioners. PROS: The subject site is generally cleared and developed with scattered structures. Presently, all surrounding properties are undeveloped. A private road abuts the site to the west and 1-75 abuts the site to the east. According to the petitioner, activities that occur on site consist of sunbathing, outdoor bar-b-cues, a monthly potluck supper, and an occasional membership meeting. Some of these outdoor activities are generally customary to residential zoning districts and noise levels should not be detrimental to surrounding properties mainly because they are undeveloped. Additionally, there should be no glare, economic or odor effects associated with the use as requested. CONS: Approvals are in place to allow surrounding land to be developed for single family and multi-family residential developments. At buildout, the surrounding area will be developed with approximately 2,500 dwelling units. The element of privacy the club currently enjoys will be significantly diminished at the onset of development and may be difficult to achieve due to the proximity of surrounding, approved projects. Development of the surrounding area may likely increase the possibility of curious onlookers, necessitating security of the site. Compatibility may be difficult to achieve in terms of the need for privacy for both the users of the site and abutting property owners, and security of the subject site due to its proximity to planned future developments in the area, resulting in increased pedestrian and vehicular traffic in the area. FISCAL IMPACT.' This conditional use request by and of itself will have no fiscal impact on the County. The use is already in existence. According to the Code Enforcement Department, a number of structures on site were built without first obtaining building permits. Recommendations stipulated as conditions of approval will require the property owner bring the site up to the current Land Development Code regulations. This will entail the approval of a Site Development Plan and the obtaining of any required building permits and inspections. From this respect, the County will realize some fiscal impact in association with the collection of fees associated with these types of processes. Additionally, it is staff's understanding that there are significant fines associated with the existing Code violations on the site. At the termination of all Code cases against the property owner, the County should realize some fiscal impact that is undetermined at this time. As currently zoned, the property owner would be eligible to construct one single family dwelling unit. The fiscal impacts associated witl the ........ AGENDA ITE~,/~/r~ construction of a single family dwelling unit are described as follows: ~o...___/ 2 FEB l Current Agricultural Zoning District 8 acres / 1 sf du per 5 acres = 1 sf du 1 s.f. x $578.00 (parks) = $578.00 1 s.f. x'$180.52 (library) = $180.52 1 s.f. x .15 x 1000 sq fl (fire) = $150.00 1 s.f. x $1,778 (schools) = $1,788.00 1 s.f. x $1,379 (roads) = $1,379.00 1 s.f. x .005 x 1,000 (radon) = $5.00 1 s.f. x .005 x 1,000 (bldg code) = $5.00 1 s.f. x $1.50 (microfilm) = $1.50 1 s.f. x 14.00 (EMS) = $14.00 Total 1 s.f. du generate = $4,101.02 Building permit fees and utility fees have traditionally offset the cost of administering the community development review process, whereas utility fees are used on their proportionate share of impact to the County system. Finally additional revenue is generated by application of ad valorem tax rates. The revenue that will be generated depends on the value of the improvements. GROWTH MANAGEMENT IMPACT: This petition will have no impact on the County's Growth Management Plan. Traffic Circulation Element: Staff has reviewed the petitioner's request and has the following comment: The proposed use may generate approximately 15 to 25 trips per weekday and 28 to 42 trips on the weekend. Some special events may generate up to 80 trips. Based on this data, the site-generated traffic will not exceed the significance test standard (5 percent of the LOS "C" design volume) on Whippoorwill Road. In addition, this petition will not lower the level of service below any adopted LOS "D" standard within the project's radius of development influence (RDI). Therefore, the project is consistent with Policy 5.1 and 5.2 of the Traffic Circulation Element (TCE). Staffhas reviewed the layout of the site plan from a planning and traffic safety standpoint and finds the following: The existing access points from Pet Ranch Road provides clear sight distance for users of the club and motorists using Pet Ranch Road and Nighthawk Lane. ENVIRONMENTAL ISSUES: There are no environmental issu6s that have been identified by staff upon review of this petition. This land use petition was not required to be heard before the EAC. FEB Z 200q i~11 STORiC/ARCHAEOLOGICAL IMPACT: ~taff's analysis indicates that the petitioner's property is located outside an area of historical a_nd archaeological probability as referenced on the official Collier County Probability Map. Therefore, no Historical/Archaeological Survey and Assessment is required. PLANNING SERVICES STAFF RECOMMENDATION: Staff recommends that Collier County Planning Commission recommend approval of Petition CU- 2000-06 subject to the stipulations as outlined in the resolution of adoption. EAC RECOMMENDATION: The petition was administratively reviewed on behalf of the EAC and staff addressed those matters jurisdictionally within their purview and to the extent necessary provisions were made part of the stipulations in the Resolution of Adoption. PLANNING COMMISSION RECOMMENDATION: At the Planning Commission meeting held on June 15, 2000, the Planning Commission voted unanimously to forward a recommendation for approval of CU-2000-06 to the Board of County Commissioners subject to staff's stipulations as outlined in the resolution of adoption. Note: This petition was heard before the BCC on August 1, 2000. At that meeting the Board voted to continue the petition to the September 12, 2000 meeting. The Board raised concern over the property owner notification letters and signage used for advertising. The Board felt that the description of the project contained in the notification was not sufficient. Staff re-advertised the project for the September 12, 2000 hearing in accordance with the Board's direction. 4 17J-.)] FEB 2 ~ 200q I~REPARED BY: SlfSAN MURRAY, AICP ~ CHIEF PLANNER EWED BY: D F. O~,~CP, MANAGER CURRENT PLANNING SECTION DATE DATE ROBERT J. MULHERE, AICP, DIRECTOR PLANNING SERVICES DEPARTMENT APPROVED BY: DATE VINCENT A. CAUTERO, AICP, ADMINISTRATOR DATE COMMUNITY DEVELOPMENT & ENV. SVCS. DIVISION Petition Number: CU-2000-06, Keiser NOTE: This Petition has been tentatively advertised for the August 1, 2000 BCC meeting. AC~_NDA ITE. M ," ~o. 17'~- , FEg2~2OO~ } TO: FROM: MEMORANDUM AGENDA ITEM ~D COLLIER COUNTY PLANNING COMMISSION PLANNING SERVICES DEPARTMENT COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DIVISION DATE: RE: MAY 19, 2000 PETITION NO: CU-2000-06, KEISER LANDiNG/SOUTHERN EXPOSURE AGENT/OWNER: Agent: David W. Rynders, Attorney-at-Law 305 Wedge Drive Naples, FL 34103 Owner: James K. Keiser c/o 305 Wedge Drive Naples, FL 34103 GEOGRAPHIC LOCATION: The subject site is located south of Pine Ridge Road on the east side of Pet Ranch Road at the end of Nighthawk Road, which presently connects to Whippoorwill Lane. Specifically in Section 18, Township 49 South, Range 26 East, Collier County Florida. REQUESTED ACTION: The petitioner is seeking Conditional Use "14" of the "A" Rural Agricultural zoning district in order to allow for an existing Social Organization to remain on site. PURPOSE/DESCRIPTION OF PROJECT: The subject property is a partially developed 8.71-acre site located between Whippoorwill Lane and 1- 75, approximately one-half mile south of Pine Ridge Road. Approximately 2 +/- acres of the site consists of developed upland, the remaining portions of the site, approximately 6 +/- acres is comprised of a lake. Access to the site is provided from Whippoorwill Lane, Nighthawk Drive and a driveway located off of Pet Ranch Road. bam with kitchen facilities, restroom facilitit:' to an existing lake; a dock and boat ramp area. There exists a 330 foot long Ficus ::~.d The petitioner is proposing to legitimize an existing social club in which persons reportedly engage in social and recreational activities and who are not clothed. Existing facilities include: an enclosed pole :~:~ office, deck and hot tub; a sunbathing area adjacent m outdoor barbecue pit/picnic area, and a parking Plum Hedge along Pet Ranch Road, t: 5-wevN~3i~ ~w_.~ k ITFJ ?/__/_ ) m~ajority of that landscaped area is infested with Brazilian Pepper. The pepper/landscape buffer also runs along the north and south property boundaries. The site fronts on a lake, which abuts 1-75 to the :asr. Access to the site is from Pet Ranch Road, which according to the property owner, is an improved, state owned and maintained access easement along the western property boundary of the site. Access to Pet Ranch Road is provided from Nighthawk Drive, an unimproved private, dirt/limerock road that intersects with Whippoorwill Lane. Several residential and mixed-use Planned Unit Developments (PUD) which front Whippoorwill Lane and the future Livingston Road extension have been approved and/or are planned to develop in that area. The Board of County Commissioners recently approved staff's recommendation to create an east/west link between Whippoorwill Lane and Livingston Road just north of the Wyndemere PUD, at the section line. The Traffic Circulation Element and the County's Trafficways Map will be amended to show this link and Whippoorwill Lane as an Urban Collector Roadway. Whippoorwill Lane (currently unimproved) will be improved to a 2- lane collector roadway once surrounding PUD's are developed. Sewage disposal and the potable water supply will be provided by on-site systems (well and septic). SURROUNDING LAND USE AND ZONING: Existing: The subject 8.71-acre site is currently developed with an enclosed pole bam, an outdoor grill, docks, and unimproved parking area. Surrounding: North: The property to the north is zoned "PUD", Whippoorwill Lakes PUD which is approved for development of 518 dwelling units at a density of 6.74 dwelling units per acre. The land is currently undeveloped. South: The property immediately abutting the site to the south is zoned Agricultural, Further south, the property was recently rezoned to PUD (Whippoorwill Woods PUD) and has been approved for development of 462 dwelling units at a density of 5.51 dwelling units per acre and is currently undeveloped. East: The property to the east is comprised of a Lake and the 1-75 right-of-way. West: The properly to the northwest was recently rezoned to PUD (Whippoorwill Lakes PUD) and has been approved for development of 518 dwelling units. The property to the southwest was recently rezoned to PUD (Whippoorwill Pines PUD) and has been approved for development of 180 dwelling units. GROWTH MANAGEMENT PLAN CONSISTENCY: This petition has be~n reviewed by the appropriate staff for compliance with the applicable elements of the Growth Management Plan (GMP) as noted below: Future Land Use Element: The subject site is designated Urban (Urban Mixed Use District, Urban Residential Subdistrict) on the Future Land Use Map of the Growth Management Plan. The Urban designation permits non- residential land uses, including parks, recreation and open space uses, and community lciliti~Euot, FEB 2 q 200q 2 i~ncluding social and fraternal organizations. Policy 5.4 of the Future Land Use Element requires new land uses to be compatible with the surrounding area. A compatibility analysis is conducted as part of the conditional use petition review process and is explained herein. Based on the above analysis, staff concludes the proposed use for the subject site can be deemed consistent with the Future Land Use Element. HIsTORIC/ARCHAEOLOGICAL IMPACT: Staff's analysis indicates that the petitioner's property is located outside an area of historic/archaeological probability as designated on the official Collier County Probability Map. Pursuant to Section 2.2.25.8.1. of the Land Development Code, if during the course of site clearing, excavation or other construction activity a historic or archaeological artifact is found, all development within the minimum area necessary to protect the discovery shall be immediately stopped and the Collier County Code Enforcement Department contacted. Traffic Circulation Element: Staff has reviewed the petitioner's request and has the following comment: The proposed use may generate approximately 15 to 25 trips per weekday and 28 to 42 trips on the weekend. Some special events may generate up to 80 trips. Based on this data, the site-generated traffic will not exceed the significance test standard (5 percent of the LOS "C" design volume) on Whippoorwill Road. In addition, this petition will not lower the level of service below any adopted LOS "D" standard within the project's radius of development influence (RDI). Therefore, the project is consistent with Policy 5.1 and 5.2 of the Traffic Circulation Element (TCE). Staff has reviewed the layout of the site plan from a planning and traffic safety standpoint and finds the following: The existing access points from Pet Ranch Road provides clear sight distance for users of the club and motorists using Pet Ranch Road and Nighthawk Lane. Other Applicable Element: Other applicable elements are those typically evaluated at the time of subsequent development approvals and generally deal with infrastructure. To the extent that improvements to infrastructure and/or extension of available public utilities are required, these will be mandated at the time of approval of the required site development plan. EVALUATION FOR ENWIRONMENTAL, TRANSPORTATION AND INFRASTRUCTURE: The appropriate staff responsible has reviewed the subject petition for oversi~ght related to the above referenced areas of critical condern. This primarily includes a review by the Community Development environmental and engineering staff, and the Transportation Services Division staff. 3 will be affected by noise related to the use of the subject site. Increased traffic volumes and higher levels of activity may occur should there be an increase in the utilization of the club above that which is currently occurring on the site. The installation of a significant landscape buffer and fencing may help mitigate these conditions to some extent. Compatibility with adjacent properties and other property in the district. Pro: The current activity level and type of uses which occur on site are generally of low intensity and could be considered compatible with surrounding properties because they are presently undeveloped. Con: The subject property at one time was located in what could be considered a relatively remote location of the County. Relative to the nature of the use in relationship to its surroundings, and the need of the club members for privacy, compatibility should also be evaluated in terms of the potential for visual and physical intrusion by non-club members. A significant number of planned projects in the area have been approved, and several projects in the area are pending approval. When rezoning approvals in this area are complete, approximately 2,500 dwelling units will be authorized for development. These planned developments surround the remaining Agriculturally zoned property abutting the lake including the subject site, thus, significantly diminishing the ability to achieve privacy, and greatly increasing the likelihood of physical and visual intrusion by non-club members. Development approvals for the three abutting PUDs (Whippoorwill Lakes, Whippoorwill Pines and Whippoorwill Woods) allow for 3-story multi-family development at a maximum height of 45 feet. Whippoorwill Lakes PUD abuts the subject site to the north and encompasses a portion of the same lake utilized by the club. Residential development areas shown on the PUD Master Plan indicate development will likely occur abutting the lake. Should multi-family development occur adjacent to the lake, privacy would be almost impossible to achieve on land without a mature landscape buffer of significant height and width to screen the properties from each other. This type of landscape buffer does not exist on the subject site nor does it exist on the neighboring property to the north. It would not be possible to instantly create such a buffer with landscape plantings. The ability to screen views from neighboring properties along the property boundaries through the lake will not be possible to achieve. The development planned for that area will significantly increase traffic to the area, which will likely increase the possibility of curious onlookers. For that reason, security of the site by way of a fence and gated entrance is necessary. Summary Conclusion: Approvals are in place to allow surrounding land to be developed for single family and multi-family residential developments. At buildout, the surrounding area will be developed with approximately 2,500 dwelling units. The element of privacy the club currently enjoys will be significantly diminished at the onset of development and may be difficult to achieve due to the proximity of surrounding, approved projects. Development of the surrounding area may likely increase the possibility of curious onlookers, necessitating security of the site. Compatibility may be difficult to achieve in terms of the need for privacy for both the users of the site and abutting property owners, and security of the subject site due to its proximity to planned furore developments in the area, resulting in increased pc l*~-ai~d,~ r[~ vehicular traffic in the area. 6 FEB2 200 STAFF RECOMMENDATION: Staff recommends that the Collier County Planning Commission recommend approval of Petition CU-2000-06 for Conditional Use 14, Social and Fraternal organizations, subject to the following conditions: The Planning Services Department Director may approve minor changes in the location of the use within the building or structures and improvements authorized by the conditional use. Expansion of the uses identified and approved within this conditional use application, or major changes to the site plan submitted as part of this application, shall require the submittal ora new conditional use 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 Code (Ordinance No. 91-102). If, during the course of site clearing, excavation or other construction activity, an historic or archaeological artifact, or other indicator is found, all development within the minimum area necessary to protect the discovery shall be immediately stopped and the Collier County Code Enforcement Department contacted. c. An appropriate portion of native vegetation shall be retained on site as required in section 3.9.5.5.4. of the Collier County Land Development Code. Within 30 days of conditional use approval, the petitioner shall initiate an exotic vegetation removal/maintenance program for the subject property. This removal/maintenance program shall be implemented on a yearly basis at a minimum. The petitioner shall obtain Site Development Plan (SDP) approval for the site within six (6) months of Conditional Use approval by the Board of County Commissioners. Within sixty (60) days of approval of the Conditional Use petition by the Board of County Commissioners, the property owner shall submit a completed application for Site Development Plan approval to Collier County. Concurrent with the Site Development Plan approval process, the property owner shall apply for building permits for all non-permitted structures on site. The property owner shall obtain necessary inspections and a Certificate of Occupancy for the site. go Within ninety (90) days of Conditional Use approval, the developer shall install a minimum of a twenty (20) foot wide, Type D vegetative buffer along the west, north and south property boundaries. The buffer shall be designed to be 100 percent opaque at planting at a minimum height of twelve (12) feet. The developer shall retain existing native vegetation within these buffers to the greatest extent possible. The portion of Nighthawk Lane from its intersection with Whippoorwill Lane to Pet Ranch Road shall be maintained in a dust free condition. FEE 7 i., 'Within ninety (90) days of Conditional Use approval, the developer shall install a six (6) foot high perimeter fence and secure gate at the driveway. The fence shall be located along the north, south and west boundaries adjacent to the internal boundary of the required landscape buffer. J. Within ninety (90) days of Conditional Use approval, the property owner shall remove and properly dispose of or properly store all scrap metal, litter, tools, abandoned vehicles and campers fi.om the subject site. PREPARED BY: /~USAN MURRAY, AICP CHIEF PLANNER REVIEWED BY: ,' RONALD F. NINO, AICP CURRENT PLANNING MANAGER DATE DATE R AICP PLANNING SERVICES DIRECTOR DATE VINCENT A. CAUTERO, AICP, AD~INISTKATOR COMMUNITY DEVELOPMENT & ENrVIRON· SVCS DIVISION DATE StaffReport for the June 15, 2000. This petition is tentatively scheduled for the August 1, 2000 BCC meeting. COLLIER COUNTY PLANNING COMMISSION: /(._.z~ :~d/ ,.q /i ;~t'~ RUSSELL A. BUDD, CHAIRPERSON 9 AGE. NOA ITEM "~ ! so. / 7D FEB 2 ~ 200~ APPLICATION FOR PUBLIC HEARING FOR: COF~ CIJ 0o- 06 Petition No.: Commission District: Planner Assigned: ABOVE TO BE COMI~LETED BY STAFF General Information Applicant s Mailing Aa'dress City ./"~) ~ ? [/O,c-- State Applicant's Telephone # Agent's Mailing Address .,~ 69 City_ Agent's Telephone State f....~_~ Zip T"-/! Z:,g COLLIER COUNTY COMMUNITY DEVELOPMENT PLANNING SERVICES/CURRENT PLANNING 2800 N. HORSESHOE DRIVE - NAPLES, FL 34104 PHONE (941) 403-2400/FAX (941) 643-6968 APPLICATION FOR PUBLIC HEARING FOR CONDITIONAL USE - 6/98 ,o._ FEB 2 PAGE 1 OF 15 12omplete the following for all Association(s) affiliated with th/s petition. sheets if necessary) (Provide additional Name of Homeowner Association: / Mailing Address City State ~ Zip Name of Homeowner Association: Mailing Address City State Zip. Name of Homeowner Association: ~?//~/ Mailing Address City State ~ Zip~ Name of Master Association: Mailing Address City State ~ Zip Name of Civic Association: Mailing Address City State Zip Disclosure of Interest Information: ao If the property is owned fee simple by an INDIVIDUAL, tenancy by the entirety, tenancy in common, or joint tenancy, list all parties with an ownership interest as well as thc percentage of such interest. (Use additional sheets if necessary). Named Address Percentage of Owngrship APPLICATION FOR pLrBLIC HEARING FOR CONDFrlONAL USE - 6/~8 No.AGENOA ITEM /'7 /¢ If the property is oWned by a CORPORATION, list the officers and stockholders and thc percentage of stock owned by each. Name, Address and Office Percentage of Stock If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with the percentage of interest. Name and Address Percentage of Interest If the property is in the name of a GENERAL or LIMITED PARTNERSHIP, list the name of the general and/or limited partners. Name and Address Percentage of Ownership e= If there is a CONTRACT FOR PURCHASE, with an individual or individuals, a Corporation, Trustee, or a Partnership, list the names of the contract purchasers below, including the officers, stockholders, beneficiaries, or partners. Name and Address Percentage of Ownership Date of Contract: /~.PPLICAT1ON FOR PI.qlLIC HEARING FOR CONDmONAL USE - 6/9S PAl AGENDA ITEM / FEB 2 If any contingency clause or contract terms involve additional parties, individuals or officers, if a corporation, partnership, or trust. Name and Adch'¢~s list all go Date subject property acquired (0Aeased ( ): t/~ gg2Term of lease If, Petitioner has option to buy, indicate date of option: terminates: , or anticipated closing date yr./mos. and date option ho Should any changes of ownership or changes in contracts for purchase subsequent to the date of application, but prior to the date of the final public hearing, it is the responsibility of the applicant, or agent on his behalf, to submit a supplemental disclosure of interest form. Detailed legal description of the property_ covered by the application: (If space is inadequate, attach on separate page.) If request involves change to more than one zoning district, include separate legal description for property involved in each district. Applicant shall submit four (4) copies of a recent survey (completed within the last six month~, maximum 1" to 400' scale) if required to do so at the pre-application meeting. NOTE: The applicant is responsible for supplying the correct legal description. If questions arise concerning the legal description, an engineer's certification or sealed survey may be required. Section: /~"' Township: '/-'/ 7 Range: .,'~ ~ Lot: Block: Subdivision: Plat Book__ Metes & Bound~ Description: Page #: Property I.D.#: ~ize of property: g~'O ft.X //,-~ tt.=WotalSq. Ft. 37-].(cO Acres Addre,s/general location of subject .property_: r~PPLICATION FOR PLrBLIC HEARING FOR CONDrrlONAL USE - 6/98 PA _Ad_iacent zoning and land use: Zoning Land use Does property owner own contiguous property to the subject prop~sO, give complete legal description of entire contiguous property. (If' space is inadequate, attach on separate page). Section: /~/,/.~ Township: Range: Lot: Block: Subdivision: Plat Book .... Page #: Property I.D.#: Metes & Bounds Description: Type of Conditional Use: This application is requesting conditional use # I ~{ of the/~ district for Crn'E or usm ~/2C.. ~/~ C ~.o..'~ pal Present Use of the Property: _C,;o-?~ ( ~e~/t;,io.,~x'~4?~"~' APPLICATION FOR pLrBLIC HEARING FOR CONDrFIONAL USE - 6/98 Evaluation Criteria: Provide a narrative statement describing this request for conditional use. NOTE: Pursuant to Section 2.7.4. of the Collier County Land Development Code, staff's recommendation to the Planning Commission and the Planning Commission's recommendation to the Board of Zoning Appeals shall be based upon a finding that the granting of the conditional use will not adversely affect the public interest and that the specific requirements governing the individual conditional use, if any, have been met, and that further, satisfactory provision and arrangement have been made concerning the following matters, where applicable. Please provide detailed response to criterion listed below. Specify how and why the request is consistent ~tl~.each. (Attach additional pages as may be necessary). FEB PAGI 5 OF 15 Describe how the project is consistent with the Collier County Land Development Code and Growth Management Plan (include information on how the request is consistent. with the applicable section or portions of the future land use element): Co do Describe the existing or planned means of ingress and egress to the property and proposed structure thereon with particular reference to automotive and pedestrian afe and convenience, traffu; flow and control, and access in case of fire or catastrophe: /k,/C.7 .,p~,,~,- ~/p~,.~ ~._ t Describe the effect the conditional use will have on neighboring properties in relation to noise, glare, economic impact and odor: /a../O ,a3~ ,.- _~-'~iv'~,~-/a ,'~.~ . j 'NJ ~? // Describe the site's and the proposed use's compatibility with adjacent propem~ and _ other properties in the district: (,_,~' ~'~;~_.4',~- additional information which you .may feel is relevant to ,this _ e. Plcase provide any ~~,ee__ _~/j,/ ~.r-/,, ~.~.~_~_.~_.~,¢.e:. request. AppLICATION FOR PLIBLIC HEARL~G FOR CoNDmONAL USE - PAGE 6 FEB 2 200, 10. 11. Deed Restrictions: The County is legally precluded from enforcing deed restrictions, however, many communities have adopted such restrictions. You may wish to contact the civic or property owners association in the area for which this use is being requested in order to ascertain whether or not the request is affected by existing deed restrictions. · · · · · To your knowledge, has a public hearing been held on this property within the last year? If so, what was the nature of that hearing? Additional Submittal requirements: In addition to this completed application, the ~'ollowing must be submitted in o~der for your application to be deemed sufficient, unless otherwise waived during the preapplication meeting. A copy of the pre-application meeting notes; Eleven (11) copies'of a 24" x 36" conceptual site plan [and one reduced 8¼" x 11" copy of site plan], drawn to a maxi.mm scale of 1 inch equals 400 feet, depicting the following [Additional copies of the plan may be requested upon completion of staff evaluation for distribution to the Board and various advisory boards such as the Environmental Advisory Board (EAB), or CCPC]; · all existing and proposed structures and the dimensions thereof, · provisions for existing and/or proposed ingress and egress (including pedestrian ingress and egress to the site and the structure(s) on site), · all existing and/or proposed parking and loading areas [include matrix indicating required and provided parking and loading, including required parking for the disabled], · locations of solid waste (refuse) containers and service function areas, Ce An Environmental Impact Statement (EIS), as required by Section 3.8. of Development Code (LDC). required yards, open space and preserve areas, proposed locations for utilities (as well as location of existing utility services to the site), proposed and/or existing landscaping and buffering as may be required by the County, location of all signs and lighting including a narrative statement as to the type, character, and dimensions (such as height, area, etc.); he Land AGENDA PAGt ~PPLICAT1ON FOR t't~LIC HEARING FOR CONDITIONAL USE - 6/98 FEB 2 Whether or not an ElS is required, two copies of a recent aerial photograph, (taken within thc previous twelve months), minimum scale of one inch equals 400 feet, shall be submitted. Said aerial shall identify plant and/or wildlife habitats and their boundaries. Such identification shall be consistent with Florida Department of Transportation Land Use Cover and Forms Classification System. e. Statementb~a,~ F'x°f utilitvlp~'ovjsions,~¢~ (.~ .:~,¢yr,-<.(with all~.j~ ffo~required attachm_en, ts ~,c~,~,,~,~-'~ .a~-d sketches); f. A Traffic Impact Statement (~rlS), unless waived at the pre-application meeting; cfi. A historical and archeological survey or waiver application if pr°pc~ is located within an area of historical or archaeological probability (as identified at pre- application meeting); Any additional requirements as may be applicable to specific conditional uses and identified during the pre-application meeting, including but not limited to any required state or federal permits. t~PPLICATION FOR PUBLIC HEARING FOR Cor~mONAL USE -6/98 FEB Z ~ 20L PAGE 8 OF 15 7.' TOTAL POPULATION TO BE SERVED: PEAK AND -AVERAGE' DAILY DEMANDS: A. WATER-PEAK ?J-/'a AVERAGE DALLY B. SEWER-PEAK /"/''~ AVERAGE DALLY ,~'/~, 10. 11. 12. IF PROPOSING TO BE CONNECTED TO COLLIER COUNTY REGIONAL WATER SYSTEM, PLEASE PROVIDE THE DATE SERVICE IS EXPECTED TO BE REQUIRED: ,~" /, ~ · NARRA~ STATEMENT: ~Provide a brief and concise narrative statement and schematic drawing of sewage treatment process to be used as well as a specific statement regarding the method of effluent and sludge disposal. If percolation ponds are to be used, then percolation data and soil involved shall be provided from tests prepared and certified by a professional engineer. ~'~_~ ~/. ~ 5'-< ~.f~,-,--~- COLLIER COUNTY UTILITY DEDICATION STATEMENT: If the project is located within the services boundaries of Collier County's utility service system, written notarized statement shall be provided agreeing to dedicate to Collier County Utilities the water distribution and sewage collection facilities within the project area upon completion of the construction of these facilities in accordance with all applicable County ordinances in effect at the at time. This statement shall also include an agreement that the applicable system development charges and connection fees will be paid to the County Utilities Division prior to the issuance of building permits by the County. If applicable, the statement shall contain shall contain an agreement to dedicate the appropriate utility easements for serving the water and sewer systems. STATEMENT OF AVAILABILITY CAPACITY FROM OTHER PROVIDERS: Unless waived or otherwise provided for at the pre-application meeting, if the project is to receive sewer or potable water services from any provider other than the County, a statement from that provider indicating that there is adequate capacity to serve the project shall be provided. Utility l~ro~tslou Stutemeut RJM lO/lTD? 3pI, LICATION FOR PUBLIC HEARING FOR CONDITIONAL USE - 6/98 AGENDA ITEM FEB 2 200 CONDITIONAL USE APPLICATION SUBMITTAL CHECKLIST THIS COMPLETED CHECI~IST-IS TO BE SUBMITTED WITH APPLICATION PACKET! REQUIREMENTS # oF NOT COPIES REQUIRED REQUIRED 1. Completed Application 11 2. Copy of Deed(s) and list identifying Owner(s) and all 1 Partners if a Corporation 3. Completed Owner/Agent Affidavits, Notarized 1 4. Pre-application notes/minutes 11 5. Conceptual Site Plans 11 6. Environmental Impact Statement- (ELS) 4 7. Aerial Photograph - (with habitat areas identified) 4 8. Completed Utility Provisions Statement (with required 4 attachments and sketches) 9. Traffic Impact Statement- (TIS) 4 10. Historical & Archaeological Survey or Waiver 4 Application 11. Copies of State and/or Federal Permits 4 v/ 12. Architectural Rendering of Proposed Structure(s) 4 13. Application Fee, Check shall be made payable to - Collier County Board of Commissionera 14. Other Requirements- As the authorized agent/applicant for this petition, I attest that all of the information indicated on thia checklist ia included in this submittal package. I understand that failure to include all necessary submittal information may remdt in the delay of process this petition. Applicant/~Agent Signature Date sPPLICATION FOR PUBLIC HEARING FOR CONDITIONAL USE - 6/98 PAGE We~I, .~/~ ',~4c~..C /<'. /C'~ being first duly sworn, depose and say that we/I am/are the owners of the property described herein and which is the subject matter of the proposed hearing; that all the answers to,~h, e questions in this application, including the disclosure of interest information, all sketches, data,-'and other supplementary matter attached to and made a part of this application, are honest and true to the best of our knowledge and belief. FYefI understand that the information requested on this application must be complete and accurate and that the content of this form, whether computer generated or County printed shall not be altered. Public hearings will not be advertised until this application is deemed complete, and ali required information has been submitted. ~ As property owner We/I further authorize /~ 1//' ~'~ &Gl. ~'cJAl ~- {~ r to act as our/my representative in any matters regarding this Petition. '~a[ure of Property Owner Signature of Property Owner Typed or Printed Name of Owner Typed or Printed Name of Owner The?,~g. oing instrument was acknowledged before me tl~is ~'o'-'22-n~ry ~J .4x)v,qo' v~y ._~'7£~, /~. ~/.-(£r~.. w_ho is personally tmawn to me or has produced as identification. State of Florida County of Collier AppLICATION FOR PUBLIC HEARING FOR CONDITIONAL USE - 6/98 ion c,~*oA t .'f~ /'2 (Print, Type, or Stamp Commis Name of Notary Public) ..____.~_.F..) FEB 2 RESOLUTION NO. 04- A RESOLUTION OF THE BOARD OF ZONING APPEALS RELATING TO PETITION NO. CUE- 2003-AR-4856 FOR A ONE-YEAR EXTENSION OF CONDITIONAL USE 14 OF THE "A" AGRICULTURAL ZONING DISTRICT FOR A CLOTHING OPTIONAL SOCIAL CLUB FOR PROPERTY HEREINAFTER DESCRIBED 1N SECTION 18, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. WHEREAS, the Legislature of the State of Florida in Chapter 125, Florida Statutes, has conferred on all counties in Florida the power to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public; and WHEREAS, the County pursuant thereto has adopted a Land Development Code (Ordinance No. 91-102) which establishes comprehensive zoning regulations for the zoning of particular geographic divisions of the County, among which is the granting and extending the time period of conditional uses; and WHEREAS, on September 12, 2000 the Board of Zoning Appeals enacted Resolution No. 2000-299 attached hereto and incorporated by reference herein, as Exhibit "A" which granted a conditional use pursuant to Subsection 2.2.2.3.14 of the Land Development Code for a clothing optional social club on the below described property; and WHEREAS, Subsection 2.7.4.5.3 of the Land Development Code provides that the Board of Zoning Appeals ma3' grant one one-year extension for a conditional use which has not been commenced. NOW, THEREFORE, BE IT RESOLVED by the Board of Zoning Appeals of Collier County, Florida that: The petition of James K. Keiser, of Southern Exposure of Naples, Inc., for a one one-year extension of conditional use 14 in a Rural Agricultural Zoning District pursuant to Subsection 2.2.2.3. of the Land Development Code for a clothing optional social club in interest of the following described property: "Exhibit B" is hereby approved. The expiration date for said Resolution No. 2000-299 and all conditions applicable thereto, is hereby extended for one additional year until September 12, 2004. Page 1 AGF._~A ITE.~ FEB 2 4 BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this Board. This Resolution adopted after motion, second and majority vote. Done this day of ,2004. BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA ATTEST: DWIGHT E. BROCK, CLERK BY: DONNA FIALA, CHAIRMAN Approved as to Form and Legal Sufficiency: Marjorie0M. Student Assistant County Attorney Page 2 AGENOA l i'~i RESOLUTION 2000- 299 A RESOLUTION PROVIDING FOR THE ESTABLISHMENT OF A SOCIAL CLUB CONDITIONAL USE "14" IN THE "A" ZONING DISTRICT FOR A CLOTHING OPTIONAL SOCIAL CLUB PURSUANT TO SECTION 2.2.2.3 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE FOR PROPERTY LOCATED IN SECTION 18, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 8.71+ ACRES, WHEREAS, the Legislature of thc State of Florida in Chapter 67-1246, Laws of Florida, and Chapter 125, Florida Statutes, has conferred on Collier County the power to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of thc public; and WHEREAS, the County pursuant thereto has adopted a Land Development Code (Ordinance No. 91-102) which includes a Comprehensive Zoning Ordinance establishing regulations for the zoning of particular geographic divisions of thc County, among which is the granting of Conditional Uses; and ~rHEREAS, the Collier County Planning Commission, being the duly appointed and constituted planning board ['or the area hereby affected, has held a public hearing after notice as in said regulations made and provided, and has considered the advisability of Conditional Use "14" of Section 2.2.2.3 in an "A" Zone for a clothing optional social club on the property hereinal~er described, and has found as a matter of fact (Exhibit "A") that satisfactory provision and arrangement have been made concerning all applicable matters required by said regulations and in accordance with Subsection 2.'/.4.4 of the Land Development Code for the Collier County Planning Commission; and WHEREAS, all interested parties have been given opportunity to be heard by this Board in a public meeting assembled and the Board having considered all matters presented. NOW, THEtCEFORE BE IT RESOLVED, BY THE BOARD OF ZONING APPEALS of Collier County, Florida that: The petition filed by David W. Rynders, Attorney at Law, representing James K. Keiser, with respect to the property hereinaRer described as: Exhibit "B" which is attached hereto-and incorporated by reference herein ~ be and the same is hereby approved for Conditional Use "14" of Section 2.2.2.3 of the "A" Zoning District for a clothing optional social club in accordance with the Conceptual Master Plan (Exhibit "C") and subject to the following conditions: Exhibit "D" which is attached hereto and incorporated by reference herein. BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this Board. Exhibit "A" AGENOA ITEl,'.. This Resolution adopted after motion, second and majority vote. Donethis J,~(-~ dayo£_. ~~--~~.~ ..,2000. ;;.~' ... L .',." .... ' "":'-':'""';' "5'> '~ . ~; ;; "'. ,v' .~. AT17ES .T.-:'.57 :'..-5 f. :DWi,.O.'~:E~.~ROcK, Clerk "'.d,;i,..,,,": ltte,t as to Chalmn's App~ov~ as to Form ~d s Lc~a! Su£ficic~cy: MarjbHe M. Student Assistant County Attoney g/adrnin/CU-1000'06/RESoLLrrloN/sM/im BOARD OF ZONING APPEALS COLLIER ~A -2- FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR ~U;2000-06 The followin9 facts are found: Section 2.2.2.3.14 of the Land Development Code authorized the conditional use. Grantin9 the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: Consistency with the Land Development Code and Growth Management Plan: Yes / No Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egress Yes v' No Co Do Affects neighboring properties in relation to noise, glare, economic or odor effects: w/No affect or Affect mitigated by Affect c~nnot be mitigated Compatibility with adjacent properties and other property in the district: Compatible use wit~n district Yes No Based on the above findings, this conditional use should, with stipulations, '(copy attached) (should not) be recommended for approva~ ~P~OU~' / ! . g/admin/Findings of Fact ChairmanlCU-2Oan.O6/SM/im EXHIBIT "A" CU-2000-06 Exhibit B N ~A ofN 'A of NE ¼ of SE ¼ of Section 18, Township 49S, Range 26E, less west 70 feet thereof and less 1-75 Right-of-Way. .I L~J Page 1 of 2 of Exhibit D CU-2000-06 Subject to the following conditions: The Planning Services Department Director may approve minor changes in the location of the Use within the building or structures and improvements authorized by the conditional use. Expansion of the uses identified and approved within this conditional use application, or major changes to the site plan submitted as part of this application, shall require the submittal of a new conditional use application, and shall comply with all applicable County ordinances in effect at the time of submittal, including Division 3.3, Site Development Plan Review and approval, of the Collier County Land Development Code (Ordinance'No. 91-102). If, during the course of site cleating, excavation or other construction activity, an historic or archaeological artifact, or other indicator is found, all development within the minimum area necessary to protect the discovery shall be immediately stopped and the Collier County Code Enforcement Department contacted. c. An appropriate portion of native vegetation shall be retained on site as required in section 3.9.5.5.4. of the Collier County Land Development Code. d. Within 30 days of conditional use approval, the petitioner shall initiate an exotic vegetation removal/maintenance program for the subject property. This removal/maintenance program shall be implemented on a yearly basis at a minimum. e. The petitioner shall obtain Site Development Plan (SDP) approval for the site within six (6) months of Conditional Use approval by the Board of County Commissioners. Within sixty (60) days of approval of the Conditional Use petition by the Board of County Commissioners, the property owner shall submit a completed application for Site Development Plan approval to Collier County. f. Concurrent with the Site Development Plan approval process, the property owner shall apply for building permits for all non-permitted structures on site. The property owner shall obtain necessary inspections and a Certificate of Occupancy for the site. g. Within ninety (90) days of Conditional Use approval, the developer shall install a minimum ora twenty (20) foot wide, Type D vegetative buffer along the west, north and south property boundaries. The buffer shall be designed to be 100 percent opaque at planting. Trees shall be planted at a mihimum height of twelve (12) feet. The developer shall retain existing native vegetation within these buffers to the greatest extent possible. h. The portion of Nighthawk Lane from its intersection with Whippoorwill Lane to Pet Ranch Road shall be maintained in a dust free condition. AGENOA FEB 2 200 Page 2 of 2 of Exhibit D CU-2000-06 ko Within ninety (90) days of Conditional Use approval, the developer shall install a six (6) foot high perimeter fence and secure gate at the driveway. The fence shall be located along the north, south and west boundaries adjacent to the internal boundary of the required landscape buffer. Within ninety (90) days of Conditional Use approval, the property owner shall remove and properly dispose of or properly store all scrap metal, litter, tools, abandoned vehicles and campers from the subject site. Activities that occur on site shall be limited to sunbathing, outdoor bar-b-cues, recreational activities associated with bar-b-cues such as volleyball and horseshoes, potluck suppers and membership meetings. The sunbathing, bar-b-cues and recreational activities associated with bar-b-cues may occur on a daily basis. Potluck suppers and membership meetings shall occur no more than once every 30 days per use. Any uses of the site beyond those defined above and/or changes to the time limitations shall require the submittal and approval ora new conditional use. Concurrent with the installation of the required landscape buffer, the petitioner shall install/create an 8 foot wide land buffer which extends 35 feet into the lake, at a 45 degree angle to the shoreline, at the north and south ends of the eastern upland boundary, where it abuts the western boundary of the lake. These buffer areas shall be planted with either vegetation capable of reaching 100 percent opacity within one year, planted at a minimum height of 6 feet, or a fence structure, 100 percent opaque at a minimum of 6 feet in height. AC, ENDA ITEM FEB Z q" .... CU-2000-06 Exhibit B N ½ ofN ½ of NE ¼ ofSE ¼ of Section 18, Township 49S, Range 26E, less west 70 feet thereof and less 1-75 Right-of-Way. EXHIBIT "B" EXECUTIVE SUMMARY APPROVAL TO REPEAL ORDINANCE 77-58, MARCO WATER AND SEWER DISTRICT. OBJECTIVE: That the Board of County Commissioners, Ex-Officio, the Governing Board of the Collier County Water and Sewer District, repeal Ordinance 77-58 which created the Marco Water and Sewer District (MWSD). CONSIDERATIONS: The Board of County Commissioners approved the creation of the MWSD, November 15, 1977 by adopting Ordinance 77-58 in order to provide sewage collection and transmission services. At that time the MWSD did not own any treatment facilities as Florida Water Services Corporation (formerly known as Avatar and also as Southern States Utilities) provided treatment services through a bulk service arrangement. Collier County constructed collection lines and facilities on parts of Marco Island from 1981-1996. In its regular meeting on October 14, 2003 (Agenda Item 10A), the Board adopted a resolution to approve the transfer of Florida Water Services Corporation's Marco Island and Marco Shores Utility Systems to the City of Marco Island, as recommended by the Collier County Water and Wastewater Authority. The City of Marco Island subsequently purchased Florida Water Services Corporation's water and sewer facilities on November 6, 2003. The Board of County Commissioners subsequently approved the purchase and sale, and transfer of Collier County's wastewater collection lines and facilities, the limited sanitary sewer service area for Goodland and the customer base (including the MWSD certificated area and sewer facilities servicing Goodland, transmission mains and supply pipes, pump stations, easements and rights-of-way (see Exhibit "A") to the City of Marco Island, Florida on September 26, 2000 (Item 8C2, Resolution 2000-338). These facilities are identified as approximately 35 miles of sewer lines, 14 lift stations and miscellaneous associated equipment. The City of Marco Island assumed operations of all wastewater collection facilities that were owned by the County that were located within the MWSD on October 1, 2000. Collier County retained ownership of the MWSD as established by Ordinance 77-58; however, the County no longer has any assets or facilities in the MWSD and therefore staff recommends repeal of Ordinance 77-58 that created said District. FISCAL IMPACT: Collier County has no existing obligations, including bonds, and has no current function due to the incorporation of the City of Marco Island coupled with the City's purchase of the water and wastewater systems and facilities from Florida Water Services Corporation. Annually, a $175 fee is made payable to the State of Florida Auditor General's office. This fee is paid in order to maintain the District status. The repeal of Ordinance 77-58 will dissolve the District; therefore, the fee will no longer be due from the County District. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with repealing Ordinance 77-58, MWSD. .o._ FEB 2 q RECOMMENDATION: That the Board of County Commissioners approve this Ordinance that repeals Ordinance 77-58, Marco Water and Sewer District. PREPARED BY: REVIEWED BY: REVIEWED BY: REVIEWED BY: ' .*. ',~ /~ ~ Date: APPROVED BY: c?'-:-' ' ,-.' '-... ~ L"'. .. .... '--Jhmes W. DeLony, P.E., A,,~]mstrator L_ ..... public Utilities Division Barbara A. Olko, Adn-finistrative Assistant Pul~lic Utilities Opera, ions Ann Mane Saylor, p_fferations Ana y Public Utilities Thc~mas G. Wides, Operations Director Pub~ Utilities ~ ~ E. :'Bleu" Wallace, Operations Director Community Development and ~nviro~ental Services FEB 2 200 Z ORDINANCE NO. 2004 - AN ORDINANCE OF COLLIER COUNTY, FLORIDA, REPEALING ORDINANCE NO. 77-58, WHICH ORDINANCE ESTABLISHED THE MARCO WATER AND SEWER DISTRICT; PROVIDING FOR CONTLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; PROVIDING AN EFFECTIVE DATE WHEREAS, effective November 15, 1977, the Board of County Commissioners (Board) adopted Ordinance No. 77-58 to create the Marco Water and Sewer District; and WHEREAS, on September 26, 2000, the Board approved the purchase, sale, and transfer of the wastewater system and all related utility facilities located within the geographic boundaries of this District to the City of Marco Island, Florida, and the City assumed operations of all such facilities, but the County did not dissolve the Marco Water and Sewer District; and WHEREAS, this District has no existing function because of incorporation of the City of Marco Island coupled with the City's purchase of the water and wastewater systems and facilities from Florida Water Services Corporation; and WHEREAS, the District has no outstanding obligations, including bonds; and WHEREAS, staff has recommended that the Board repeal Ordinance No. 77-58 to dissolve this non-functioning Water and Sewer District; and WHEREAS, the Board accepts staff's recommendation to repeal Ordinance No. 77-58. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE. Collier County Ordinance No. 77-58 is hereby repealed. SECTION TWO. CONFLICT AND SEVERABILITY. In the event this Ordinance conflicts with any other Ordinance of Collier County or other applicable law, the more restrictive shall apply. If any phrase or portion of this Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, st~ch portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions. AG~NOA I118 .0.._4'7 6 , FEB 2 q 200~, PG. d~ SECTION THREE. INCLUSION IN THE CODE OF LAWS AND ORDINANCES. This Ordinance shall be made a part of the Code of Laws and Ordinances of Collier County, Florida. The sections of the Ordinance may be renumbered or relettered to accomplish that result, and the word "Ordinance" may be changed to "Section," "Article" or any other appropriate word. SECTION FOUR. EFFECTIVE DATE. This Ordinance shall be effective upon filing with the Florida Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this ~ day of _,2004. ATTEST: Dwight E. Brock, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: Deputy Clerk By: Donna Fiala, Chairman Approved as to form And legal sufficiency Thomas C. Palmer, Assistant County Attorney B 200/, FE 2 PG. ~ '~'"'