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Agenda 02/18/1997 R COLLIER COUNTY ~0A~D OW COUN17 AGENDA Tuesday, Februar%, 18, 1997 9:00 a.m. NOTICE: ALL PERSONS WISHING TO SPEAK ON ANY AGENDA ITE~ MUST REGISTER PRIOR TO SPEAKING. REQUESTS TO ADDRESS THE BOARD ON SUBJECTS WHICH ARE NOT ON THIS AGENDA HUST BE SUBMITTED IN WRITING WITH EXPLANATION TO Ta~ COUNTY MANAGER AT LEAST 13 DAYS PRIOR TO THE DATE OF ThE MEETING AND WILL BE HEARD UNDER "PUBLIC PETITIONS". AN"I PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND Ta=REFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH APPEAL IS TO BE BASED. ALL REGISTERED PUBLIC SPEAKERS WILL BE LIMITED TO FIVE (5) MINUTES UNLESS PERMISSION FOR ADDITIONAL TIHE IS GP. ANTED BY T~ CHAIRMAN. 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. 1. INVOCAT~QN 2. PLEDGE OF ALLEGIANC~ 3. APPROVAL OF AGENDA AND CONSEN~ AGE,D% 4. APPROVAL OF MINIFrES January 28, 1997 - Regular meeting. January 28, 1997 - Workshop. 5. ~ROC~AaATION$ AND ~RV~Z AWARDS A. ~rocla~a~gn~ Proclamation expressing gratitude and appreciation to the officers, directors, members and volunteers of the Friends of the Collier County Museum. To be accepted by Charles B. Price, Jr. and Lynn Kolb, ~ President of Friends of Collier County Museum. Proclamation designating February 16th through February 22, 1997 as National Engineer Week. To be accepted by kevin Higginson, President of the Calusa Chapter of the Florida Engineerin~ Society. B. Service Awards Ephrim W. McMullen - Ochopee Fire Control - 15 years Greg Mihalic - Housing and Urban Development - 5 years Steven Preston - Water Pollution - 5 years 1 February 18, 1997 6. APPROVAL QF CLEFK,S R~PORT A. ANALYSIS OF CHANGES TO RESERVES FOR CONTINGENCIES 1. General Fund (001) 2. Community Development Fund (113) 3. Facilities Construction Fund 7. PUBLIC PETITIQN~ A. William W. Thomas regarding an EMS impact fee refund. 8. COUNTy MANAGZR'S R~P0~T .A. COMMUNITY DEV~0PMEI~ & £NVI~QNMENTAb SERVICE$ (1) Staff review and recommendations relative to ordinance 88-84, as amended, also known as the Naples R & D Park at Lely PUD which, according to the required PUD Status Report submitted by the property owner/agent, has not commenced construction as defined in Section 2.7.3.4 of the Collie~ County Land Development Code, resulting in several possible courses of action for the Board of County Commissioners to consider. (2) Presentation of EPTAB's Report to the BCC on "Invasive Exotic Plants in Collier County". (3) Resolution that the Board of County Commissioners accept and implement the Economic Diversification Program, Phase II, presented by the Council of Economic Advisors and prepared by the Florida Planning Group, Inc. B. PUBtI~ w0~x~ C. pUstzC SERvicEs D. SUPPORT SERvIc£s E. CO.UNTY MANAGLR 9. 'COUNTy ATTOR/TEy'$ REPORT 10. BOARD OF ¢0VN'Uf COMMISSION~RS A. Appointment of members to the Code Enforcement Boards. B. Appointment of members to the Citizens Advisory Task Force. 11. OTHER CONSTITUTIONAL OFFICERS PUBLIC COM2WENT ON GENERAL TOP~C~ PUBLIC HEARINGS WILL BE HEARD IMMEDIATELY FOLLOWING STAFF ITEMS 12. ADVERTISED PUBLIC HEARINGS - BCq A. COMPREHENSIVE p~AN AHENDMENT~ B. ZONING A)fEHDMEN~$ c. 0T~E~ 2 February 18, 1997 A. ADVERTISEP PUBLIC (1) Relating to Petition CU-94-20 for a second extension of a Conditional Use for cluster development in the RSF-5 Zoning District for property described in Resolution 95-70 adopted on January 24, 1995, pursuant to Section 2.7.4 (Conditional Use Procedures) of the LDC. 14. BOARD OF COUNTY COMMISSIONERS' COM]4UNICATIONS 15.-STAFF'S 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 me.m.ber of the Board, that item(s) will be removed from the Consent Agenda and considered separately. A. CO~UNITY DEVELOPMENT & E~.~RO~AD SERVICES (1) Recommendation to approve for recording the final plat of "Replat of Tract B of Airport road Plaza". (2) water and sewer facilities acceptance for Johnnycake Cove. (3) Recommendation to approve Lien Resolution for Code Enforcement Case No. 60621-053; owner of record Claude E. LaRue. (4) Recommendation to approve Lien Resolution for Code Enfgrcement Case No. 60621-031; owner of record Rosa De Cores, Teresita Mendez. Recommendation to approve Lien Resolution for Code Enforcement Case No. 60502-067; owner of record - Guy J. Iarussi, et ux. (6) Recommendation to approve for recording the final plat of "Whittenberg Villas'. (7) Recommendation that the Board of County Commissioners authorize waiver of road impact fees, library system impact fees, parks and recreational facilities impact fees, emergency medical serwices system impact fees, water system impact fees, sewer system impact fees and educational facility system impact fees for four single family houses to be built by Immokalee Habitat for Humanity, Inc., in Naples Manor and to fund said '- waivers from Affordable Housing Trust Fund, Fund 191. (8) Recommendation to grant final acceptance of the roadway, drainage, water and sewer improvements for the final plat of "The 'Seven Sailors". (9) Water facilities acceptance for Glen Manor a/k/a Shorewoods. - February 18, 1997 (10) Recommendation that the Board of County Commissioners direct the County Attorney°s Office to review draft Ordinance authorizing exemption of municipal tax on electricity used in Immokalee Enterprise Zone. PUBLIC WORKS (1) Recommendation that the Board of County Commissioners award Bid #97-2614 for single family curbside recycling containers. (2) Execution of an easement document with Florida Power and Light Company. (3] Award contract to Bonness, Inc. to install sidewalks for County-wide Pathways I Project (Barfield Drive, San Marco Road, 50th Street S.W.,Solana Road), Bid #97-2621. (4) Recommendation to accept a utility easement from Riviera Community Association, Inc. in Township 50, Range 26, Section 18. (S) Approve the Committee selection of a qualified general contracting firm to receive an invitation to bid on the construction of the Medical Examiner Facility. (6) Approve an Amendment of Agreement to the Davis Boulevard Landscape Beautification and Streetscape Master Plan Project Agreement. (7) Approve a Stipulated Final Judgment, for Collier County v. William Kinsley, et al, Case No. 96-1315-CA-01-DRM, Parcels Nos. 90lA, 706A, 906A, 706B, 906B, 706C, 906C, 706D and 906D, OFC and Olde Florida Golf Club, Inc., for the proposed new raw water well sites for the NCRWTP 8-MGD expansion project. (8) Recommendation to approve and execute the Notices of Claim of Lien for the enforcement of the Notice to Connect to Collier County water and Sewer Facilities and Notice of Impact Fee Statement for the Pine Ridge Industrial Park MSTU Project. (9) Recommendation to approve and execute the Notices of Claim of Lien for the enforcement of the Notice to Connect to Collier County Sewer Facilities and Nozice of Sewer Impact Fee Statement for the East and South Sanitary Sewer Project. (10)Recommendation to approve and execute the Notices of Claim of Lien for the enforcement of the Notice of'~ Sewer Impact Fe'e Statement for the Naples Plaza. (Il)Award a Construction Contract to the lowest and most responsive bidder, Sunshine Excavators, Inc. for Lely Hibiscus Golf Course culvert crossing, Bid No. 96-2613. C. Pt~LIC SERVICES (1) Recommendation that the Board of County Commissioners approve the carry forward of the balance remaining in the Services for Seniors Aetna fund. (2] Recommendation that the Board of County Commissioners adopt a resolution allowing the expenditure of County funds for the purchase of several plaques in February lS, 1997 conjunction wit'~ the Memorial Tree Program. (3) Recommendation that the Collier County Board of Commissioners authorize a special fundraising event, Gulfcoast Skimmers show and bonfire to be held at Sugden Regional Park to raise funds for bicycle patrol equipment for the East Naples Sheriff,s Substation. [4) Recommendation that the Board of County Commissioners Proclaim March, 1997 as Parks and Recreation Month and approve the Parks and Recreation Department having an Open house for the 25th anniversary of department. (5) Recommendation that the Board of Collier County Commissioners reappoint Ms. Pat Barton and Mr. Randy Merrill to represent Collier County on the District Eight Health and Human Services Board. D. SUPPORT SERVICE~ (1) (2) (3) Recommendation to approve a budget amendment appropriating carry forward in the Memorandum of Understanding (MOU) First Responder Training Program in Fund (490). Recommendation to approve Change Order No. 1 for the replacement of the two (2) main doors at the Central Library under Work Order VB-14. Recommendation that the Board of County Commissioners approve and execute the Satisfactions of Claim of Lien. Recommendation that the Board of County Commissioners approve and execute the Satisfactions of Notice of Promise to Pay and Agreement to Extend Payment of Sewer Impact Fees. (4) Z. ¢OUWrY MAN~E~ Recommendation to the Board of County Commissioners to authorize the advertisement for a public hearing on a proposed telecommunication ordinance for consideration. (2) recommended by the Employee Advisory Committee. (3) Budget Amendment Report. F. BOARD OF COUNTY COMMI$S~0N~R~ G. MISCELLANEOUS CORRESPONDENc~ 1. Request to establish a trust fund for the Employee Advisory Committee to benefit morale and esprit of Collier County employees or other activities Certificate of CorrectiQ~: NEED MOTION authorizing the Chairman to sign Certificate of Correction to the tax rolls as presented by the Property Appraiser's Office. RECOMMEND APPROVAL. Satisfaction of Lien: NEED MOTION authorizing ~he Chairman to sign Satisfaction of Lien for Services of the Public Defender for Case Nos. 96-5567.~,2~. 96o1420-CFA, 96-1344-CFA, 96o7461oMMA, 96-923-F~MA, 95-S017-MMA, 96oB026-MMA, 96-3502-F~4A, 96-864-CFA, 96-8883-MMA, 96-4301-MMA, 96-8950oMMA. RECO~'2~END APPROVAL. S February 18, 1997 3. Cancellation o~ L~en: NE£D MOTZON author:zing Cha£z~an ~o sign Cancella~ion o~ Lien ~or s~rvice~ o[ the Public Defender for Case Nu,~ber 90~707-CFA. RECO~4ENDAPPROV~J~. 4. Miscellaneous I~ems to File For Record WithAc~io~ ~ Directed R. O~ER CONSTI~IONAL OFFICERS 17. ~uDJOU~2~ Februar~ 18, 1997 PROCLAMATION WHEREAS, WttERF~& NOW the Friends of the Collier County Museum have taken a leading role in the growth and development of Collier County's historical museum as a cultural and educational resource for the community; and in partnership with Collier County Government since 1986, the Friends of the Museum have contributed more than $2 million worth of professional services and new construction, artifacts and exhibits, historic structures, native plant gardens and landscaping improvements, and transformed the Collier County Museum from a 1,500 square-foot facility to a 3-acre historical park with nearly ten times the space for collections and exhibits; an~ the Friendr have initiated a successful series of quality, family-centered events and educational programs such as the annual Old Florida Festival, Black Cultural Arts Festival, South P'7orida Archaeology Week, lectures, conferences and traveling exhibits to stimulate greater public awareness of Collier County's unique heritage; and the Frie~ of the Museum through of service in Fiscal Year to the Collier County that the ibly cared for DONE AND ATTEST: :OCK, AICP, CHAIRMAN DWIGHT E. BROCK. CLERK AG£NDA_I~F£H .o. FEB 1 8 1997 PROCLAMATION WHEREAS, engineers have used their scientific and technical knowledge and skills in creative and innovative ways to fulfill society's needs; and WHEREAS, engineers face the major technological challenges of our time - from building towns devastated by natural disaster to designing an information superhighway that will speed our country into the twenty-first century; and WHEREAS, engineers are encouraging our young math and science students to realize the practical power of their knowledge; and WHEREAS, we will look more than ever to engineers and their knowledge and skills to meet the challenges of the future; NOW THEREFORE, be it proclaimed by the Board of County Commissioners of Collier County, Florida, that February 16 - 22, be designated as National Engineers Week in Collier County. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Timothy L. Hancock, ACIP, Chairman FEB 1 B 1997 BOARD Of COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Februa~ 18,1997 CLERK'S REPORT 6A. Analysis of Changes to Reserves for Contingencies General Fund (001) for FY 96/97 Community Development Fund (113) for 96/97 Facilities Construction Fund (301) for FY 96/97 N:'~ e&lmin \ ¢ tell~ FEB ! 8 1997 ANALYSIS OF CHANGES TO GENERAL FUND (001) RESERVE FOR CONTINGENCIES For ~he meeting date of Feb~'uary 18. 1997 FY 1996-97 RESERVE FOR CONTINGENCIES. Original Budget 10/01/S~ Current Balance 2/11/97 (Reduct~ns) ~ increases as explained below B.A. Date Request 11-27-96 48 EXPLANATION OF REDUCTIONS ExplanaUon To repair the bottoms of the active/and plunge pool 4.675,900 5,929,752 _____1.253.85Z (Reduction)/ Increase (16.5C0 00) 12-11-96 12-11-96 64 To pay Ut~hty expenses for Immokalee Child Care Center 68 To repair the Central Library Chiller 12-31-96 92 1-16-97 110 1-22-97 119 Reduce transfer to Road and Bridge due to additional revenue received fro roadw'ay sweep~ng and mowing To execute the Fair Labor St3ndards Act settlement agreement and releases w~th plant~ffs no longer employed by EMS. To recognize carry forward and reduce required budget revenues, (11,00000) (14.47500) 41.30000 (42.770 00) 1.364,6C0 (30 1-31-97 143 To proceed w~th Tax Deed Appliations fo~ deflnquent taxes for 1994 tax certificates. (35.500 00) Amendments amounting to less than $10,000 each: (No,: 29. 17. 66. 69. 51,) (3t .803) Total Reductk)n$ FEB I 8 19.o, 7 1.253.Pz~Z ANALYSIS OF CHANGES TO COMMUNITY DEVELOPMENT FUND {113) RESERVE FOR CONTINGENCIES For the meeting of February 18. 1997 FY 1996.97 RESERVE FOR CONTINGENCIES: Original Budget 10/01/96 Current Balance 2/11/97 (Redu~ons) or increases as explained below 1-22-97 112 B.A. Date Request EXPLANATION OF REDUCTIONS Explanation Funds provided by excess carry forward 277.400 76_._2.,_6_0_ 0_ 485.20~. (Reduction}/ Increase 485.200 Total Reductions FEB 1 1997 Pg. ................. ~ ~ ~ I III IIIIII I IIII i III II I I I II--- I III IIIIIIIII ANALYSIS OF CHANGES TO FACILITIES CONSTRUCTION FUND (301) RESERVE FOR CONTINGENCIES For the meeting date of Februa~/18. 1997 FY 1995.97 RESERVE FOR CONTINGENCIES: Odginal Budget 10/01196 Cu~Tent Balance 2/11197 (Reductions) or increases as explained below Date Request 11-13-96 EXPLANATION OF REDUCTIONS Explanation Amendments amounting 1o less than $10,000 each: (No.: 25) 294,400 O0 292,199 O0 (Reduction)/ Increase (2.201) Total reductions FEB I 8 1997 I COI.I.IER COUNTY MANAGER'S OFFICE February 11, 1997 William W. Thomas, D.D.S., M.S. 311 Turtle Hatch Road Naples, Florida 34103 3301 E. TAMIAMI TR. NAPLES, FL 34112 (941) 774-8383 FAX (941) 774-4010 A CERTIFIED BLUE CHIP COMMUNITY Re: Request for Public Petition - EMS Impact Fee Refund Dear Dr. Thomas: Please be advised that you are scheduled to appear before the Collier County Board of Commissioners at the meeting of February 18, 1997 regarding the above referenced subject- Your petition to the Board of County Commissioners will be limited to ten minutes. Please be advised that the Board will take no action on your petition at this meeting. However, your petition may be placed on a future agenda for consideration at the Board's discretion. Therefore, your petition to the Board should be to advise them of your concern and the need for action by the Board at a future meeting. The meeting will begin at 9:00 a.m. in the Board's Chambers on the Third Floor of the Administration Building (Building "F") of the government complex. Please arrange to be present at this meeting and to respond to inquiries by Board members. If you require any further information or assistance, please do not hesitate to contact this office. Very truly yours, Interim County Manager WND/bp cc: County Attorney Vince Cautero, Community Development & Environmental Service P9' I William l,]. Thomas, D.D.S., M.$. 311 Turtle Hatch Road Naples, FL 34103 (941) 649-8104 February 6, 1997 County Managers office 3301E. Tamiami Trail Administration Building 2nd Floor Naples, FL 34112 5417 Airport Rd. N. Naples, FL 34109 Dear Sir: I respectfully protest the assessment of an EMS Impact Fee for my orthodontic office at 5417 Airport Road. As ar~ orthodontist, my services are performed on healthy people. My clients are not medicatly compromised and will not be rendered so by my treatment. I do not administer any sort of anesthesia, sedation or pain medication. ~leither do I prescribe al,y narcotic or non-narcotic analgesics, hypnotics, sedative or tranquilizing drugs. I do not hold a PEA number and neither do I prescribe any of the drugs requiring such a number. This office ~;ould not be able to be used by any other type of dental practitioner in the future u¢ithout major modifications requiring future county permits. I trust that upon consideration of the above you will conclude that my new office ~ill in no way impact the EmS and that this fee should be refunded to me. .-~Please place my hearing on the agenda at your earliest convenience and advise me of the date and time. Sincerely, ~Jilliam W. Thomas, D.D.S., M.S. EXECUTIVE SUMMARY STAFF REVIEW AND RECOMMENDATIONS RELATIVE TO ORDINANCE 88-84, AS AMENDED, ALSO KNOWN AS THE NAPLES R&D PARK AT LELY PUD, WHICH, ACCORDING TO THE REQUIRED PUD STATUS REPORT SUBMITTED BY THE PROPERTY OWNEPJAGENT, HAS NOT COMMENCED CONSTRUCTION, AS DEFINED IN SECTION 2.7.3.4 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE, RESULTING IN SEVERAL POSSIBLE COURSES OF ACTION FOR THE BOARD OF COUNTY COMMISSIONERS TO CONSIDER, OBJECTIVE; Staff is requesting that the Board review staff's findings and recommendations regarding the above referenced PUD. CONSIDERATIONS: This PUD was originally approved on November 8, 1988. Section 2.7.3.4 of the Collier County Land Development Code requires that the project developer submit an annual report on the progress of development, commencing on the fifth anniversary of the PUD approval by the Board of County Commissioners. The singular purpose of this report is to evaluate whether or not the project has commenced in earnest in accordance with the cdteda set forth in Section 2.7,3.4. For those PUDs approved pdor to the effective date of adoption of the Land Development Code, the five year approval pedod commenced on the adoption date, October 30, 1991. Therefore, the conditions set forth in Section 2.7.3.4. are applicable as of October 30, 1996. The above referenced PUD has been identified as a project which was approved prior to October 30, 1991 and which has not commenced construction as defined in Section 2.7.3.4. Staff has utilized the required PUD status (monitoring) report, supplemented by field observation and review of in house records to verify the current status of the PUD and as the basis of a recommendation to the Board consistent with the options provided in Section 2.7.3.4 (1) & (2). Section 2.7.3.4 reads as follows: 2.7.3.'4. Time limits for approved PUD master p/ans. In the event that a PUD master p/an is given approval, and the landowner(s) shaft: Fail to obtain approval for improvement plans or a development order for all infrastructure improvements to Include utilities, roads and similar improvements required by the approved PUD master p/an or other development orders for at least 15 percent of the gross land area of the PUD site every five years of the date of approval by the Board of County Commissioners; and Fail to receive final local development orders for at least 15 percent~of the total number of approved dwelling units in the PUD, or in the c ~se ^c~Nj~tT~. of PUDs consisting of nonresidential uses, 30 percent of the total ~o. ~ FEB 1 8 1997 --1-- approved gross leasable floor area within the PUD every six years of the date of approval by the Board of County Commissioners. The project developer shall submit to the Planning Services Director a status report on the progress of development annually commencing on the fifth anniversary date of the PUD approval by the Board of County Commissioners. The singular purpose of the report will be to evaluate whether or not the project has commenced in earnest in accordance with the criteria set forth above. Should the Planning Services Director determine that the development has commenced in earnest, then the land shall retain its existing PUD approval and shall not be subject to additional review and consideration of new development standards or use modification. Should the Planning Services Director determine that the development has not commenced in earnest, then upon review and consideration of the report provided by the owner and any supplemental information that may be provided, the Board of County Commissioners shall elect one of the following: To extend the current PUD approval for a maximum period of two years; at the end of which time, the owner will again submit to the procedure as defined herein. Require the owner to submit an amended PUD in which the unimproved portions of the original PUD shall be consistent with the growth management plan. The existing PUD shall remain in effect until subsequent action by the Board on the submitted amendment of the PUD. if the owner fails to submit an amended PUD within six months of board action to require such an amended submittal, then the Board may initiate proceedings to rezone the unimproved portions of the original PUD to an appropriate zoning classification consistent with the Future Land Use Element of the Growth Management Plan. in the case of Developments of Regional Impact, time limit restrictions shall be superseded by the phasing plan and/or time limits contained within the application for development approval and approved as part of a development order in conformance with F.S..~ 380.06. Synopsis of A_p_proved Land Uses: This 64.8 acre PUD was approved for clean light manufacturing, primarily motion picture and television production, research, production, office, commercial lodging and related uses. The PUD requires retention of a 1 acre preserve area. The maximum density for the hotel/motel on tract B is 28 dwelling units per acre. Section III permits "lodging facilities related to commercial recreation and private clubs' but provides no maximum density. -2- FEB 3. 8 1997 Pg. ~ Land uses of the surrounding area include C-4 zoning along US 41; the undeveloped Miceli PUD which includes a multi-family component (17 units at a density of 2.9 units per acre) and a commercial component with uses generally similar to C-3 zoning; and the undeveloped Lely Lakes PUD which includes 720 single- or two- family dwelling units on 1,495 acres for a density of 0.48 units per acre, and a 1 acre commercial component with uses similar to C-3. Consistency.with Com_~rehensive Growth Manaqement Plan: The subject PUD is designated Urban Coastal Fringe on the Future Land Use Map of the GMP. Based on staff review of the approved land uses, the PUD has been determined to be consistent with the Collier County Growth Management Plan. During Zoning Reevaluation, the Naples R&D Park at Lely was deemed to be consistent, since it meets the requirements of Industrial Under Criteria The PUD is deemed consistent with the following GMP Elements: Future Land Use Element. Consistency with the Collier Count[y_ Land Development Code: The PUD has been distributed to the appropriate jurisdiction review entities specifically for review of the PUD for consistency with current land development regulations. Based on that review, the following inconsistencies have been identit'ied: Transportation: Inconsistencies regarding signalization and Code citations. Environmental: An updated Environmental Impact Statement is required. Engineering/Site Development: Inconsistencies regarding sewer and water requirements. Architecture: The architectural standards of the LDC apply to commercial components of PUDs. This PUD also includes industrial and business park components. FISCAL IMPACT: An amendment to this PUD, as recommended by staff will have no fiscal impact on Collier County as the appropriate PUD amendment and other applicable fees will cover the cost of staff time associated with review of said amendment, and the cost of advertising and public notice. STAFF RECOMMENDATION: Based on a comprehensive review of this PUD document, staff recommends that the Board of County Commissioners direct the property owner/agent to return to the Board within six months of with an amended PUD, addressing the items noted and making the document consistent with current Code. -3- FEB 1 8 1997 .PREPARED BY: FR~, PLANNER CURRENT PLANNING /.~/.~'? DATE _REVIEWED BY: ROBERT J. MULHERE, AICP, MANAGER CURRENT PLANNING DONALD W~ARNOLD,'A'~Cp, DIREC¥~ DATE bATE _~ SERVICES DEPARTMENT VINCENT A. CAUTERO, ADMINISTRATOR ~ATE COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION PUD SUNSET: N~,pies R&D P~,tk a! Le~/ -4- NO. ~ FEB 1 8 1997 ORDINANC-'- 88- ~.~ AN ORDINAI;CE A~L=-NDI!:G ORDINANCE 82-2 OF THE CO:.~HENSX~ ZONING REGULATIONS FOR T~ ~INC0RPO~%TED ~.EA OF COLLIER CO~TY, FLORIDA BY ~2~NDIN~ TH~ ZONXN~ A~AS J*~ NUMBER 50-26-9 BY C~GING THE ZONING CLASSIFICATION OF ~E DESCRIBED REA~ PROPZRTY FROM A-2 TO "PUD" PLANNED ~IT D~LOP~NT N~LES R & D P~ AT LELY FOR ~PROXI~TELY 8 AC~S ~ICK WILL PROVIDE FOR A V~IE~ OF EXTERIOR SCENES NECESS~Y IN CON~:~O~Y FILM PRODUCTION FOR PROPL%~ LO~TED ON SOUTH SIDE OF US-41, ~PROXIZ.~Y ~.~. ONE-MILE SOU~EAST OF ~TTLESN~ ~{OCK RO~ IN SECTIONS 29 ~ND 30, TO%~SEIP 50 SOU~, ~NGE 26 COLLIER CO5~, FL0?.IDA ~D ~NDING PUD O~IN~NCE 86-18 ~ICH ESTABLISHED THE LELY RESE~CH ~ D~LOP~NT P~K, BY C~GING ~E PRO,CT N~; ~ING INDEX PAGE OF ~E P~ DOCU~NT; ~NDiNG LIST OF EXHIBITS ~2~ TABLES; k~NDING STA~)~NT OF CO~L~.NCE; ~NDING SHORT TI~E; ~NDING SECTION 1, PROPER~ DESCRIPTION ~;D O~L~S~IP; SUBSECTION 1.01 IN~ODUCTION, LO~TION, kND PURPOSE; SUBSECTION 1.02 LEG~ DESCRIPTION; SECTION II PRO,CT DE~LOP:~NT; SUBSECTION 2.02 PLAN OF D~LOP~NT, SUBSECTION 2.05 LAND USES; SUBSECTION 2.06 DE~LOP~NT SEQUENCE ~ND SC~ED5%E; ~NDING T~LE I, L~ND USE SU~?~RY; ;2.~NDING SECTION III - PE~1ITTED USES ~ND D~LOP)~NT ST~D~DS - T~CTS A, C ~ D; SUBSECTION 3.01 P~OSE;'SUBSECTION 3.02 PE~ITTED USES ~D STRUCT~S ~D P~MITTED ACCESSORY USES ~ND S~UC~S; SUBSECTION 3.03 DE~LOPt.~NT.ST~TDb3DS; ~NDING SECTION IV - PERMITTED USES ~D DE~LOP~NT ST~ND~S - T~%CT B, SUBSECTION 4.01 PU~OSE; SUBSECTION 4.02 PE~4ITTED USES ~D STRUCT~S - ~,~T~D PRINCIP~ USES ~ S~UCT~S; ~DING SECTION V - PE~IT~D USES ~ DE~LOP~NT ST~ND~S - T~CT E; ~Z~ING FOYER SECTION FI~-GENE~ DE~LOP~NT CO~IT~NTS TO BECO;~ SECTION SIX; ~ING THE PUD ~ST~ PLaN ~ND PROVIDING ~N DATE. WI~EREAS, .Wilson'~ )tiller, Barton, Soll and peek, --I~ ....'../ .' '.representing,Nepal, es R '& D Group, .,.I.n..c:., .petitt6ned the 2oard' ~-2~': ~ ~ r. ~' ~.~ .-~.~~~ ......................... tion -.-- - .L ):O:(, T~ER£rOR~ ~E IT ORDAIN£D by the ~=ard of County Cow.missioners of Collier County, Florida: SECTION ONE: The Zoning Classification of the herein described real property locate~ mn Sections 29 an~ 30, To~nshi9 50 South, Range 26 East, Collier County, Florida ks changed frcm A-2 to "PUD" Planned Unit Development in accordance with the PUD document attached hereto as £Lhibit "A" which ms incorporate~ herein and by reference made'part hereof. The Official Zoning Atlas Ma9 N~er 50-26-9 as described in Ordinance 82-2, is hereby ~=ended accordingly. SECTION TWO: This Ordinance shall become effective upon receipt of notice that ks has been filed with the Secretary of State. DATE: }bv~r. ber 8, 1988 BO~.D OF COU~NTY CO,~.~.ISSIONERS COLLIER COUNTY., FLORIDA R-88-20C/PDA-88-11C Ordinance PLA,N,~IED UNZT DEVELOP,~ENT DOCU~{ENT FOR ~ }IAPLES R ....... & D ............ PARK AT LELY WILSON, MILLER, BARTON, $OLL & PEEK, INC. ENGINEERS, PLANNEAS, & LAND SURVEYORS 1383 A£rpo=~ Road North Naples, Florida 33942 INIT'I'AL P.U.D. AMENDED P.U.D. · ' DATE ISSUED: DATE REVISED: DATE APPROVED BY BCC= ORDIN~CE NU~EK= ~ , . $£CTXON ! SECTION ZV SECTZON ~ Schedule %f:t of Exhibits an{ Tables ii Title ~to~ett¥ Description and O~nershlD Project OeveloD:ent 2-1 Pernttted Uses and DeveloDnent 3-1 St&ndat~s - Tracts A, C & D Pernitted Uses ~n~ DeveloD:en: 4-1 'Standards - Tract B Per~ftte~ Uses end pevelo::~t General Develo~:ent Co~lt~ents ~ $-! SECTIO~I I SECTION II SECTION III SECTI~I IV S£CT!ON V SECTION ~-~ Schedule ~ of £xhib[ts and Tables Statement of Cocpliance and Short P=oJect Develo~=ent Pern!tted Uses and Develc~memt Standards - T:acts A, C & D Pa=mitred Uses and Development Standa=ds - T:act B Permitted Uses and Development General Developnent Commit=ants !-1 2-1 4-1 5-1 6 &-i PARK AT LEL:t T :",:-'. '- Z .' -..~ ;.::~ SCHEDULE OF EXHIBITS AND TABLES IN SU~?ORT OF P. EZON-' APPLICATION° PUD AI4END~4E.NT APPLICATIO}! AND A~ENDE9 PLANNED UNIT DEVELOPaENT DOCUMENT EXHIBIT A. Bo Co Do Go Ho AERIAL PEOTCG~PH/LOCATIDN LIST OF [?A?LES R & D GROU?, INC. COR~O?~.TE OFFICERS SURVEY IiAP & LEGAL DESCR!~TION-TP~CTS A, B. Co & D. SURVEY I*.AP & LEGAL DESCR!?TION-TP. ACT E CO?Y OF COVER SHEET ORDINANCE 86-18 AFFIDAVIT LETTER OF AUTHORIZATIO}I-REZONE LETTER OF AUTHORIZATION-.~UD AI~END,~IENT J. LANDSCAPE SUFFER TABLES LAND USE 5U~.'~ARY (Pace 2 - 6) ii STAT'--M'-.~IT 0~' CO;.:?t~IANC-- The development of &Dproxi=ately £;.3 6;.8 acres of ;:c;ert'! in Collier County, as a Planned Unit Developmenc to ~e kncun as L:~ Naoles R::::::h and D:'::!:;=:nt Park at Lely will be in com--3~l'/ance u£th the plannin~ goals and ob3eccives of Collier County as set forth in the Comprehensive Plan. The planned facilities of L:!y Nao!es ~::::::.h an~ D:v:l:~:~t Park at Lely will be conststemt w~ta the growth policies, land ~e'/eiopment repulations, and applicable c=mprehensive planning objectives for the following reasons: 1) The subject p:c~ert~ has the necessary ratin~ points to determine the availability of adequate community facilities and services. 2) The project ~eve!c~=ent is compatible and complimentary to the surrounding land uses. 3) Improvements are planned to be in substantial cc=~_~!ance with applicable re~u!attcns. 4) The project ~evelcpment will result in an eff~c~en~ and economical extension of community fac~lities and services. ~) The project meets the following Comprehensive Plan c:£teria: a) Ail industrial areas should have direct access to an arterial and an internal circulation network which prahibits lndustrtal traffic fro~ ~ravelin~ through predominantly residential areas. b)' The rezone shoed be in the form of a PUD. c) The proposed site must not be a spot indust:~a! use. The site must be at least 40 acres in size unless immediately adjacent to an existing industrial area or submitted as a part of an interchange industrial/ commercial PUD. In the latter case, the industrial portion of the PUD must be at .least 20 acres ins~'ze. d} The property owner must show a capability for, and agree to, the provision of the needed infrastructure; i.e., internal road network, water supply, sewage treatment and electrical supply. ~0K~ TITLE This ..ordinance shall be known and cited as the "~:~y Naples R=:=:r:~ and D:vcl:pn:nt Park at Lely PUD Ordinance." 1.02 S-'¢TION ! P~O?£~TY D£SC~I?TION A~D INTRODUCTIO~I, LOCATION, AND PURPOSE It is the intent of L:t'.' T:~:~:: ~;aDles R L D G:cu=, fmc. a Planned Unit Develo~nent (P.U.D.) on app=ox~nately ~ 64.8 acres o~ p=operty loca=ed In Collie= Count~, ~lo=Ida. property a~d ~as app=ox£na=ely 1300 l~nea! ~ee= o~ f:on=a~e on U.S. 41. I= is ~he pu=pose of ~h~s docu=ent to establish the s=anda=ds and gu~delines fo= ~he fu=ure develop~en= of this p=ape=ty. LEGAL DESCRIPTION 1-1 Peso::=:ion of oar: of the north 1/2 of Sec:tens 29 and 30. FOR: ~ Estates, Znc. South, Ranoe ~r~ East, ~_~c:icu ac v esc;i ed as o Con,eno:no at the nott~ co:net of ~loc~ "O" o~ ~vttle Cove Acres Unit No. ~ina to the ~ as re:orde'~ ~ Book ~, oaoe ~ Recor s o Co re: Coun~'~'~, Thence alone the south~et~_tttlv richt-of-~av 1Lne c! U.S. 41. easte~ cachet ~at-~esc~ O.R. Boo~ ~ ~aces 1'~0' throuah (nc.usive), ~ Recor~ thence ~ the boundary o! sa~ land tn the folloutm¢ ~escri---~-~ coucses; (1) Sou:~ S0:-S&'-00~ ~es~ 300.00 feet; ]2) Nor:h ~~" West 9o--~-~JT-~eet to the west lln, of sai~ ~'~'-'a~ ~OZNT OF ~'~GZNNING ~ the oarce~ hetefn t~enc~ continue North 8~°--3S'-00' Wes: lS~O.I~ thence Notch ~-'~-b-~--Eest 00. eec: thence Sou:h thence ~- '-0 East 0. eec; thence South 79-- ~'-0 " East . thence ~r~heas~89 feet atone the o: a cztc~ curve cc~cave to t~e southeast tAtoucn a cencra ant · o. :- ,- ", hay,nc & radius o: ~'~-f.~.¢~ fee~ an~ beinc subC~-~'~ ~v a c~o:c w~ich ~e~:s thence Hotc~ ~ East 2T4.93 ~eet to the ~eec; ~hence ~vtn~ sat~ tteht-o~-vav [the, South ~etc co the notc~ ::ne chance ~ sa~ no~t~iine, ~otth Chance ~ the wes: ine o sai ~nd. ~h 2~48'-13' ~oin: ot Becinnino ~ the ca,ce: hecein ~sc~: Sub,eeC Co easements an~ restrict:ohS conta~nin~ ~-~.8 acces mote Descriotion 6~ oacC o~ Section 30, Ta~nshio S0 South, Rance ~ East, ~ County, ~Acre ~ A--~ that ~att ~, To~ South, Rance ~ East, Con~enc~n~ at the eas: 1/4 corner o~ said Section 30: thence a nat · south ina o. the notch l~Section 30, th~ oa-'~-~[ e~etn aescr be ; thence tone--id tine, North 8~3S'-00" ~est thence ~n~ ~aid :ina, North 0~25~-00" ~ast 800.00 thence ~ ~ E~ ~.~ :hence So~0~ ~esc ~~e~t to [h~ Doit: Beainn~ Chi oa:~ ete[n ascribe subject to easements an~ restrictions ~ teco:~= concainino ~ ac:es =o~e o~ ~. PROJECT 2.01 PURPOSE The purpose of this Section is to generally des:rlhe the plan o! the ~eve!¢~en~ en~ de!~fleate -~. ¢~ere! conditions that will apply to the project. 2.02 GENE.:LAL PLAN O? DEVELO?X~NT planned 'development designed to provide bu£1di:~ s~:es fo= clean light manufacturing primarily motion cloture and television oro~uction, research, oroduc:=on, off,ce. commercial, ~odc~nc, and :::::::m ~late~ uses. The pro]et= sna!l be fully served by al! necessary infrastructure, a complete water management system, and shall fulfill the requirements and standards of the Collier County Comprehensive Plan fo= thic these type~ of use!. 2.03 CO:'~PL!ANCE WiTM APPLICABLE ORDINANCES The project is intended to be in substantial comp!lance with the applicable Collier County Zoning and ~u~ivision regulations as well as other Col!let County developnent Codes in effect at the tine pc:nits and/ct plats are requested. 2-1 o o I I I I III IIIIIII I .... I I I I IIIm II " ' " "m' I 2.OS --i~!n:~ly ~'c''~'''~ ............. ':::: :~ -. ...... : ~r: a_.:~.-,. The developer o~ &ny tract ~cst s~=£t a Conceptc~! Site ?lan for the entire tract in ·:cord·nc· with 2.12 of this docu=ent prior to rime1 Site Oe'/eic~ment Plan submittal for any portion of that tract. The developer may choose not to submit a Conceptu~! Site Plan tot the entire tract l~ · rina~ Site P!~n is submitted and approved ·or the entire tract. b__:. ~ The developer of any tract or building patti! ~ust submit prior to or it ~he same time of application for · building per~£t, · deta£~ed site development p!an his tract or parcel in conformance vith the Zoning Ordinance requirements for site development plan approval. This plan shall be in compllanc~ with any approved conceptual site plan as well as al! criteria within this docu=ent. all:~a~!: zm:un: ............. ^' ~":~ng -q-.--- f::ta~e :AND US£S Table Z (Pace 2-61 is a schedule of the intended land use types, vita approximate acreages indicated. The arrangement of these land use types is shown on £xh!bit "A', P.U.O. ~astet V~·n. Changes and variations in design and acreages shall be permitted ·t final des£~n to accommodate .topography, 'vegetation, and other site conditions. The specific location and size of individual tracts and the assign:emi of uses thereto sha~l be submitted to the Administrator for approval as described in Section 2.04 of this document. 2-2 The ~inal s~=e of the la~e and o~en s~ace lands w~! on the ac:ua~ re~uirs~ents for water ~anage=en~, pattern, and bulld!n~ sizes and conElguratio~s, he-ever, the lake area sho~n vith£n Tract B shall not be size or width from that shown on the PUD Mas=er 2.06 DEVELOPM£NT SEOU_~.~:CE AND SCHEDULE planned to--~-~-"develo~ed over an estimated 4-{ ac=sage and ~axtmun building area for the ~er£od. 2.07 RES£RVAT~O:! 0.-- NATU?~%L VEGETATION AND T?.-'E REMOVAL Clearing, grading, earthwork, and site drainage work shall be performed in accordance with the Development Standards outlined in th~$ document. 2.0~ EASEMENTS FOR UTILITIES Easements shall be provided for water management areas, utilities and other purposes as nay be needed. Said easements and improvements shall he in subs:an=ia1 compliance with the Colliec county Subdivision Regulations ~11 necessary easements, dedications, or other instruments shall be granted to insure the continued operation and maiHtenance of all service utilities in substantial compliance with applicable regulations in effect at the tine approvals are requested. 2.09 EXCEPTIONS TO T~£ ¢O~IEa COUNTY SUBDIVISION The following requirements shall be waived subject to review at the time of construction plan submittal. a. Article XI, Section 10: Monuments where such monuments occur within street pavement areas, they sha!l be installed in a typical water valve cover, as'~rescrlbe~ in the current County standards. b. Article XI, Section 17K: Dead End S~reets. Such s~reets shall no= exceed one thousand (l,000J fee= in length. .- .- 2-3 intersections. d. Article XI, Secttcn 21: Utilltv Casinos 2.10 LAKE SITIMG As depicted on the P.U.D. Master Plan (Exhibit A), lakes and natural retention areas have been sited e~je:e~: to existing and planned ~oadways. The goals o~ this are to achieve an overall aesthetic character for the prcj.:%- , tO permit optimum use Of the land, and to increase the efficiency of the water management network. Accordingly, the setback requirements described in Ordinance ~T Section 8A, may be redo:ed with the a;prova! of the County Engineer. Fill material from lakes iS p!anne~ .to be utilized within the project, ho~eve~ excess fill may be utilized off-site, subject to the p:ovis~ons of the excavation ordinance in effect at the time ~e:mi~s are sought. Removal of excess fill from site shall be sub,eot to aooroval of the County £naineer. 2.11 ROADS Roads within the deve!opment may he either public or private roads, depending on location, capacity, and design. The main roads indicate~ cn the P.U.D. Zaster Plan shall be public roads. 2.12 P.U.D. CONCEPTUAL SITE PLAN APPROVAL When . P.U.D. conceptual site plan a~proval is desired or required by this document, the following procedure shall be followed:' a. A written request for conceptual site plan a~p:oval shall be submitted to the Director for apprcval. The request shall include materials necessary tO demonstrate that the approval of the conceptual Site plan will be'in harmony with the general intent and purpose of this document. Such material may include, but Is not limited to the following, where applicable: 1) Site plans at an appropriate scale showing proposed placement of structures on the property; p:cvisions for ingress and egress, off-street pa:king and off-stree~ loading, areas; yards and cther open spaces. 2) ~lafls showing prop°?ed locattofls for utilities hookup. : 3) .~.~ans loc screening and .buffering. _' ..... ....~...'. :.;.:.. ;.. · --..' .'-*:.."-: ..... '-." . .'~..',.T.~-'..; .,...,:;':': ..... ,';-"~,:" ::".".:'..,r?.T.=':r~ .... N~ ,611~,~ I J : ..... . ' ' ' ' ..... :-'~,. ,:"' '--.-'~i'.'. '' ' ,a t · , b. Zn the case o! clustered bui!~!ngs requ!re~ develo~=ent re~u!ations nay he waived cr reduced provided z s£te p!&n is approved under this se:t~on. c. A fee cons£stent ~ith the current fee schedule County Site neve!:p=en~ Plan a~prova! shall eccc=pany the app!lcat!cn. d. Zf approval or ~en~a! is not issued within twenty working days, the submission shall be ¢:ns!dered automatically approved. 2.1] SITE D~VZLO~M£:;T P~AN A~PKOVAL Site Development Plan approval, when ~esired or required by th£s document, shall follow the p~ccedu~e as outlined ~n the Zoning Ordinance. 2.!4 PLATTIM~ 1) Desi~nate ~he Preserve Area as shown on the ~aster Plan as a Preserve Area or easemen~ on ~he ola~. 2_~ Place a note off the elat that states uses i~ the Preserve Area/easenen: are as descr~ec :n cna PUD documen~ ~Or Nao!es R & D Park at Lely. 2-5 DZSC~I?TiON BUILDING Teac= A 126,000 Tract B 126,000 "'~,~=S s.f. 13.$ 8.5 Tract C 90,000 *~ .... s.f. ~.0 10.9 Trac~ D 111,~00 Trac~ £ 25,000 s.f.L 8.0 Lakes ?-? ~'~ TOTAL DEVELOP~£NT 478,~00 . .~T,?~ s.f. ~.~ 64.8 acres * The maxi=u= area that cay be covered by the principal building, accessorX buildings and future additions to either, inc!u~ing loading docks and other workin~ areas, shall not excee~ 60 percen~ of the total area c! the lot or tract. The tc~ei area within any tract may be increased by uo to 10% o~ the a:eas desionatea sauare fo~=aae ~or ~ha= ~rac=, bur the co:a~ wikl no~ exceed the tota[ deveio:nen= of 418,500 souare [e~=. 2-6 " I 3.01 3.02 ..~ P'-2:~ITT--5 USZ$ AgD D'-V~LO?:~.--:[T $TANDARS$ - T?-~,CTS A, C, AND D PURPOSE The purpose ol this lo:lion is to set for:h the petal:ted uses and development s:andards for development ~ith£a ~ Naoles Rt~,~-~-~)~ and 0:'-':1:$~:~% Park at :e!v, ?:acts ' C; P~R~ITT£D US£S AND STAUCTUA~S ~;o building or stru::ure or per: thereof, shall be oreo:ed, altered or used, or lan! or va~er used, in whole or in for other than the 1) Permitted Princioal Uses and Structure~: a) Business and pr¢lessional oi!ices~ banks~ fine,cia! institutions; b) Ltgh: =anu~actut!ng, =orion oicture and television production, processing, Fac~a~lng, or ta::~c~::a~ coapietely enclosed building; (no processing materials) c) ~ed!ca! laborer:rios; ~ed~cal clin!:s~ ~edlca! offices, hosplt~ls, and hospices, co:~erclal recreation, and o:i~ate clubs. Printing, 'lithographing, publishing, fil~ vrodu:tion or siailar establish=en:sl d) Research, design, and product developnent activities; f)' Laboratories, provided that: ... 1) ~o odor, noise, etc., d~tectable to nornal senses fron o~i the preaises are generatedi 2) All work Is done within ~nclosed st~u:tuces. 9. Restauran:s Cexcludtn~ drive-ins and fas: ~) Any other use which is comparable In nature with the foregoing uses and which the Director de:ernines to be co~patible in the district. 3-1 a) Accessory uses a~ structures customari!y vith uses petnitted in this district, lodctno fac£1!ties related to co,nero!a! b) ~eteil sales only as ~n accessory to p:i~ci~l uses above. c} Ca=etaker,s res£d~nces in accordance with County regulations. 3.03 Develoonent Standards: 1) Minimum '' ' Parcel Area: ~.' O~e (1) 2) Mininuu ' -' Porte! width: Omc hundred b) Side Yard - 1S feet c) ~ear Yard - 25 feet d) From U.S. 4! ~::~erty llne - 45 feet e) rrcn all extermal p=opecty boundaries - 33 feet ~} room any existing residen:ia! structure - 100 feet 4) Maximum Heicht cf Structures: Tract A and C Three $) Minimum Floor area of ~=tncioal Structure: One ~housand ([,000) square :em: pet bu~[~:~ c~ floor. 6)' Distance Betveen Principal Struc=ures- Thirty feet. 7) Distance Betveen Princioal a~d Accessory Uses Scruccuce- None. ]~ininufl standards for sign's, parking, lisht!nc, and lan,~scaplng shall be in conformance vit.~ Collie= Coun~ F. fgula~ions In e~c~ a~ ~h~ ~e=~i~s are sou~ unless o~='~lse spec~ft~ lm ~hIs Prior to development of any building parcel, conceptual site ~evelopment'plan shall be approved accordance ~lth Section 2.~2 and ~n accordan~ Section 2.13 and/or the Collect County Zoning Ordinance. .. 3-2 10___4 .~-% Landsc~oe~ ~seas ~an~sca~ng sh~~.. be r.__._._~-~o~ in the a~s~s:s as s~ec£~£ed on al! s£~es es ~ollows: a) A~ least ~0% of the area between t~e s' ee ~£cht-of-wav and bu£1d£n~ o= ~a=kinc a~ee sh~!! be b) A l$-foct lam~scape str~ shall he lnsta!!e~ al! s==eet ~:c~e=t'/ l~nes, exclusive o! a~d walks. ~e~ the IS-!oc: landscape sc:i; cc:uts is required. ~atu=e trees at a naxinun s;aci~g of twenty feet nay be substituted fo= o= con~ine~ with the shrub screen. This landscap~n? may ~e calculated as past of the S0% C) A landscaoe~ buffer sha!l ~e o=ovl~e~ a!cm= 'no=th ~ the novae stu~ the s~uc o s orate on any other t~act o:~e~ than t=ac~ D a a~.s~aDe ~u~.e= as a ~:n=nu= o. eet ~n w~ th, s~a ack,eve ~-~nance ( - ) an sba inc u · tcees the s=ucxo s:=uc=u=e. T~e ancscaoe o.an SAa. be suOni~~ ~eview ~ aD~ ~o ~e De~u~en= Se=v~ces. 11~ ~ Landscaolflc S~an~a=ds · a) The ~0% landscapin~ =equi=enen~ tn 9 a) above shall be located on the st=ce= .side of all valls, ha=tie=s, ~eflces and o~he= screening. b) Ail a=eas n~ paved o= =ese=ve~ ~o= ~u=ure expansion sha!l be screened by landscaping public v~ew with shrubs o= ~=ees o= Is to be scddtd oc seeded. c) Landscaped ya=d a=eas may include ~he use flagpoles, sc:een~, ~e==aces, foun~aims, pocks a~d o~he= ~a=e= a==angenen=s, and va=ious ~ypes o= 3-3 13) 1:) trees and shrubs. All trees, plants and st:ubs with adJacen~ landscaped areas, in the opinion qualified landscape architect or d) All landsca;m~ areas shall be m&inta!ne~ in qood condition at all ti=es. e) Landscapin~ devices shall not c~scure site hazard. Outside Storace a) Outside stora~ Ls no~ allowed, w~k~= '.%: Lot Coverage The naxinun area that ~a~ be covered by the buildin~, accessor~ bulldin~s and future add!~tcns to either shall not exceed 50 percen~ of the total area_ of the lot. The building area includes l:adin$ d=ck~ and other non-enclosed working areas. All buildings within the Par~ shall be of per=anent type ccnstruction with a ~ize retardant rco!. Exterior walls of all buildings shall be of exposed' concrete a~re~a~e, stucco, ~lass, terraz:o, brick, or other similar materials. Concrete, concrete block or wood sidlnq, provid~nq they meet applicable regulations, are also acceptable ma~eria!s for exterior walls, but they shall be ~nished by · .'Painttnq, staining, or other processin~. metal clad bulld!n~ shall be prohibited. Signs Only identification signs 'ldentlfyin$ the name and business of the persons or firms oc:=pyinq the premises shall be permitted. Advertisifl~ siqns, billboards oz other; s£~ns except those spec£f~cally pernitted are p:chlbited. Identification sigds shall generally be' p!acqd upon the outside walls of the buildin~$, buc shall .... I .17) ~ extend above tko line o' the rco! ~o~ever, identification sicks nay be p!a:e~ ix the front yard setback area ~he~ the,/ ire cc~s::~c:ed and designed to be a part o~ a land~cap!n~ e~e other signs in the front yard setback area, signs painted on exterior faces oE buildings or fences, flashiflc or moving s/ch· are Signs shall no~ ~e placed or ex~ernall~ l!lu:i~a:ed Xn a man,er which casts ~lare o= is othe:v~se to neighboring c:=~pancies or to the ·afc ~=':e~e~ o~ traffic. ~,~ilities All electrical an~ te!e~hcne service shell ~e b:c~:ht u~dercround into the site a~d to t~e b ........ · the nearest available source. Pad mounted e!e~rical transfor=ers ·hall be located and screened $o as to prevent viewing frc~ an~ public street or adjacent All loading nu·= be on the site and no on-street loading is Per=fried. Truck loading fac£!it!es shall be on the rear ot side of the building, although lcad!~; on stree~ froz=s nay he Per~itte~ if screened from public vie~ as described in Section S-b. Truck loading aprons and other loading areas shall b~ paved with a d~st-f~ee all-weather sruface~ be well drained~ and be of a strength adequate ~or the traffic expected. . ' Off-s~ree~ parking spaces sufficient to ~he park'ing de=ands ~enera[ed. by the use ·~a!l be provided on ~he site. ~o on-s~reet parking is per~itted. Off-s~ree~ parkin~ areas shall be constructed Collies'County Standards. Drive~avs and Access Area~ Maneuvering o~ veh~cle· in any public or road o~ street l· co~·£dered to be against the'public interest and is.?rohib~ted. Plans shall provide 3-$ oo berths, garages, shop areas, etc., with a ci~: vle~ fro: the cab of the vehicle. Driveways shall be constructed la confo~na~=e vitB Collier County standards. The edge of a d:£vewav apron shall be no closer than I0 feet from the nearest adjacent ~ro~erty line unless ~jacent prope::? c~ners u~il~ze a ccnnon ~:~veway. ~aintenance The o~ner o= lessee of any tract in tBe ' "-Nat!es tines keep the ~:en£ses, bu!l~!n%s, ~=9~ovemem:s a~d appurtenances in a Safe, clean, ~holesone c=n~t~on, and conpLy in al! respects ~lth all government, health and pol~cy requirenents. shall be mainta~ned in orde: to keep an a==:a~t~va appearance. 3-$ -e "-CT I 0,'; IV USES AND D"';--LO?;'I£NT STA.~;DARD$ - T~.AC.' -2 4.01 4.02 The purpose of this Section is to set fo:th the Uses and deve!c~men: s:andards for develo~men: ~i~kin ~.aples R~:::::k and D:...:[:Fn:~~ Park ~t Lo!v, PERaZTT£D US~S AND STKUCTURE~ No building or structure o: par~ thereof, shall ~ erected, altered or used, or land or water used, in whole or in pat: for other than the following: 1) Permitted Princ!oal Uses and Structure,: a) Sustne'ss and professional offices; banks: financial iastitut!ons. b) Zedical ~abotatories; medical clinics; :edlcal offices; hospitals and hospices. c) Laboratories, provided that: l) No odor, noise, etc., de:~ctable to no:aa! senses from off the. pte:ises are generated; 2) Ill work is done within enclosed structures. d) ~otel and motel. e)-Restaurants (exc!:dinc drive-ins and ~ast f)~L~ Any other use ~h!ch is co=para~le in nature v£th the foregoing use and which the Director date:tines to be compatible in the district. 2) Permitted Accessory Uses and Structure : a) Accessory uses and structures custo=arl!y associated with use~ permitted l~ this district. b) ~etail sales on!v as an accessory to P:i~:ipal uses above. ' . c) Catetaker'.s.-..restdences...ln accordance with applicable 4.03 Develoument Standards: 3{ Bininum Setback Reauire~en~s for Pcinciual ' a) ln~e~fla b) Hide Yard - ~S c) ~ea~ Yard - 2S ~) rron ex~s~in~ ~esiden~lat zoned property - 100 ~eet 5) ~lninun F2oor a:ea o~ Princtual SCruc~u~e: One ~ ~ ~ ~ ee~ pe~ u~ a~n{ on ~:ound 71 ~axinun"Densltv:'"T'~entv-six' '(261 units uer ec:e for ~-'CTZO:I v PE~:4'[TT£D US-'-e: ;.ND Dr-'v'"LO?~'~':,''IT ST;..,-',~D~?.De: - "X'?.~CT 5.01. PURPOe:E The outuose o.~ th~-s Secttcn is to uses an~ de.;eLco~enc scanC~rds ~ao~es R & D p~:R ~: C~v Ttzcc E. S.02. PER~IZTTED US~S A~D No ~ut~nc or str~ctute o~ oart thereof, shel~ be e~ected, a[te:e~ o: ~sed, oc ~an~ oc ~1 per,it:ed prtncioa~ Uses and Structures: 'a) Te~ore:v "sttcctcces pie:ucc o: television oto~uc:~on. bi An'z other"use' ~htch is c~no~teble -- ~h~ to:ecoin~ . uses · an~ ~ic~ the -Dx~ec:ot ~te~n~nes'to be co~oa:tbZe tn the dts:c~c:. 21 ~ec~tte& Accessory Uses an8 a) .Accesso:v uses an8 structures ccstc~at~lv assock~t~ ~'~t~ uses oe~n~tted ~) Catet~kec's tes(dence ~ County :e~uZattons. c) ~enoo~a~v production (~c~ltttes ~ ~oo~s, uate:obe, etc.). 5.03. DEVeLOPmeNT ~) ~tnt~u~ Setback ~ecuttenents ~ot ~t~nctoa~ Uses. a~ tto~ a~ extetr, al o~ooettv boun&attes - .~ b) ~revtSe a m~nt~um 20 (oot setback ~o~ the ~esetve Ace~ to: a~ st:uctu:es. ~ ......'..~.:.~: .. ~... ~ :..~..t..: .... L-- - ~ · ....~ ~,%~.~-~m~-.~ ....... . ....... , ............ ~~ ...... ~ ~ ........... .. . . . ........... . ~ · ...... . ~ ......... .... _ ..... ..- .... ?,._.¥_ '- ~,.~. c ~-..~ ........... .., .... ~:~, ~~-~ ~.:~ ~.~v~;:~ ~ 4- .;, .~. '...* ',,'..' .... .: : .,...~:*~.~%,,:~~~~_. .... ~. .~~ ............ ;'~~ ..... ~. · document. -- 4) Prior to develou=ent o~ eny bu~ld~n~ ~a~ceZ. a ~ ' conceucua~ s~Ce 4tveio~en~ ~an s~a~ be a=~c,/ed ~,, '~ accordance ~ith SectiOn 2.~2 in0 in accc:~nct ~ Sec%ion 2.~3 an:/or %ne Collier Coun:v Ordinance. ' 5) All structural Su:=o:t systems shall be ce=tiffed bva ~ 5Cruccu:a[ Zn~in~: licensed in cae Scare -- 6) Landscaped Areas ~ Landscau[na shall ~t orov~ded as soec[fied ~ 8.3~ o} {he Zoainc bcdinance ~an~scaoed au~er Area - and shall be a minimum o~ 25 ~ee= in ~id~h a!onc SOUth and wes= oroo~=%v line. LandscaDin= as 0n Exhibi~ "J" ~S also' recuired. ' "" '? ' ' ' ' a) All landscaoed areas shall be ~erDe tuallv -- main:aimed in'aocC condition a~ ail ~ine~, . . - · b) Landscaoinu .. devices .- shall ,. not obscu:e site -- dis:anc~s 'in .a ..manne~ tha: may create a tra~i~ . · hazard.' .%%~>-,%. ;z- -.~.,'.'-', ~'~-;-' .... ' ' ' ' .~ ! Outside St'ora~~ '.' '7''~ .... ?'' ..... · -- a} 'Outside storage is allo'=ed within this · ~ 8) Cot Coverage Limitations -- The maximum a~ea t..at~ may be cozened' by th~ _. buildincs, semi-pe:nanen~, accessory 'buildincs an~ tu~ure ~dditions to ei~he~ shall no~ ~xceed 60 ~ ~ =he to%al a~ea ~ =he 1o~ at any one tine. ' ~ 91 Signs . Only identification sicns consistent v!%h the production theme shail ~e pernit~ed. · ' " '. *:: .=~:=.~:-z ~2'~ :"::~: ..... .... ~ · · . · ,.~'.~.*.. ..... '~..~..%.. ..~.~:.? · . · ... · ..... .~~~~.~.'~': .~ '~.. ~..:: . . , . . ,...? , · ..~..~ ~~.~~-.~ -~;~'=.,~ · .._ . : .... . ..... .:..==,.,,...,...,,.~..m~9~=: ~ ~ ~.,~.;~ =~;~, · .. .......... ....~.~:..~ ......... ~~,~_~~:--~. '~ .A~~% / All elect:~cal an~ tele:~one service shall undeccround into the si~e. Pad mountee trans~orners sha!l be locate~ and srreenec so as to prevent viewino f~om any ~u:iic s~ree~ o: prooectv. 11) All load!n= must be on the sit~ and n: loadin¢ is Truck loadinc aorcns and other !oadin? areas shall be aved with a d~s:-~ree all-weather surface: ce well' rained; and be o~ a s%ren¢ch adecuate ~o: the truck traffic exoecced, ~21Park~na Off-street park~nc soaces suf!~c~ent to accommodate the parkina demands cenera:ed bv the use shall provided on the site. rio on-s~reet cark!n¢ is Off-street ~arkina. a'reas shal~ be constructed to Collier Counzv ..... · .%..~. .... .~. · . .~. . . ; '- 13) Dr~ve~avs ~nd Access Areas ~aneuver[no of vehicles in anv.oubl~c.or countv-owne~ '" road or-street.is conside(ed to be aaainst.the · ~nteres~ and is p~ohibi~ed...-Plmns sh~ll provide areas . on the site adeauate ~o back trucks to lo'dine ~araces, shoo areas, etc., with a clear vier ~rom the Cab ~ the ve~£cle. Driveways shall be constructed ~n confornence w~th '-. Coll£er' County standards. T~e edre o~ a d.-ivewav _ aoron shall be'no closer than lO'~ee~ ~rom t~.e neares~ · ~acen~ ~rooertv ~ine unless ad~acen~ p~ooer~v o~ners Park a~ ~elv mus~ a~ 'all times keeo C~e ~:emises, buildincs, i~nrovenen%s end ap?ur~enehces ~ · sa~e, Clean, ~hoLeso~e condition, ~n6 comolv in ell res:ec~s WECh ali eovernmenc, h~al~n and oolkc~ reauiremen~s. ' .. All lan~scag~n9 mn4 ,~exte~or.oort~ons.of-st~uc%u~es -- ~ha~ .be ~main~aine6 'in order' ~o keeo an a~r~c~ive GE::-'?~L D-iVZL~,?HENT 65.0L PUR?OSE The purpose of this Set:ion is %0 se: forth the commitments of the project. &&.02 P.U.O. Master Plan (£x~Mit a. The P.U.D. Master ?lan (Hilson, Miller, Bart:n, So!! a Peek, X~c., D:a~ng File ~un~er ~Z-125) ts lllustcative ptell:£~acy developnent plan. The criteria an~ layout !llust~ate~ cn the ~este: Plan shall be understood to Me ~lexible0 so that, the f!~e! may satisfy pro~ect criteria an~ ccmply ~£th applicable re~uire:e~:s of th£s ordinance. b. Ai~ necessary easements, dedications, et other £nstrumeflts shal~ ~e granted to insure the continued operation and mainte~ence o~ al~ service c. Minor ~esign changes shall be perm!tee& sub~ect to County staff administrative approval. 6&.03 TP~NSPORTATION A~iO TP~TIC 2~?ACT a. In accordance ~lth all applicable County ordinances, · requiring develop=e~t to contribute its proportionate share o! funds tc accommodate the /m~act~ cf development on are~ roads; '. ' '" , Naoles R & GrouP, I~C. Or i%s successors c: assigns, a~:ee Co ro--~lmpact fees in accordance with the adopte4 fee schedule, at such ti:e as buildtn? permits are requested. &4-2~~, Naoles a'& D Orouo, Inc. further agrees to pay its fait ~h~re tot a~L inc~section improvements at the .project's access points to U.S. 41 ~eened necessary by the County Engineer. ! * See (Exhibit N) foe revised Traf!ic lmoact Statement. b. All internal roads intende~ to ~ecome public toads : Section as sho~n on conform to the co!!ector roa~ coss the PUD ~astec Plan and applicable standards o! the Subdivision Regulations, except that they shall have a minimum of 12" subg:ade, and 8' ~ase, and I 1/2' asphalt surface c. There shall be only two points of access to the site frcn U.S. 4~ and they shall he opposite Confedecat~ O:ive Johns Street. d. Sub,eot to rDoi' a?proval, the ~eve!o;e.~ s~e!l le~t end ri.cbt turn lanes on U.S. 41 at e~:~ entrance. ~ e. Znd~v~ual parcels shell ~ave access cn!~ to t~ *- coad sVs:e:. The~ shall no: have dEcec: access ~o U.S. ~ 41. .., ~. ~he deve!ope: shall ~:ovide acte:~al level s~:ee: ~ in~ at ~ch p~o~ct ,ntrance. ~. SubJec~ to FDO? approval t~e ~evelc~e~ shall ~rovi~e ~ai~ sha~e cont~!~uticn to'~a ~ t~e capital ccst o~ t~a~c s~nals at the p~o~ec~ entrances w~en o'~ne~, o;e~ate~ an~ na~n~a~ned b~ Collier h. ~he ~eveloper shall p~cv~e a bLke path alon~ t~, ~. All o~ ~he above requirements are cons~e:e~ ~o be s~te- Felate~ ~mp~ovenen~s' as ~e~ned ~n O~d~nance 8S-~ an~ shall flor be appl~e~ as a c~ed~t ~c~*a~d the ~:pact ~ees ~equ~ed by .that O~d~nance. J. All era~c control ~ev~ces used s~all ccno!v ~h the ~nu~i cn Uni~c:~ Traffic Cc~:~c~ Devices -- December" ~, ~5, an~ Oc~o~e~ 5, l~aa an~ h~s no -, to ~ts approval subject t~ the ~o~o'w~ng st~ul~t~cns: --. a. In cooperation wit~ the ~lann!n~ De~r~en~, t:~.:'~D shall review all propos~ industrial ~aci!lties prior ~ issuance of building pernits. I~ a potential prcb!en discovere~ fn relation to toxfc ~aste, the EAC will then '-: review end approve the proposed ~acility. b. For all ~acill~ies {,.g., labo~ato~fes) that nay use -- create substances that ccu!~ be env~rcn=entall~ hazardous, state-o~-the-art tec2nolo~ must he used ~ mEn~mize or p~event an~ potential environ=entel c. ~at~ve species shall Be ~k~lE:ed, where evailaB!e, to the ~aximu~ extent possible in the site len~capin~ des!~. A landscaping plan will be su~itted t~ the Natu~a~ ~ '. : .... ~ -- · i ..... '...:.':'.,,. ~.-.~,~, ~: .~, ,,.~.*~%.L .~ ~2.~..-..~. ~ . . ..- .-. · '- .'' ~", .'. -...'~,~.~r,~-~ ~.~ ...... · ..... "-- '- . ~-.. ,...-..~,, ~,, .=~ . . ~; --- ........ " ' - ~ ~ e~y~and e~lcient: nanne~ s~ as to ~ · provide only'& mininal 'lnter~uptio'n to ~nV ~ons~cuc~ional - Trac~ "i" shall be a preserve area and desiona~ed s~c~ . the ~ast~r Plan. ' · ,, 6~.05 WATER ~NAG~It~NT CONSID~TION~. '- The Water Hanagement · Advisory Board consid-r~ ' the referenced P~titton during Its regular meeting ~ 11, 1985, and Aduinistrative Revte~ Se~tembe ha " . r 15, 19 8 and ~ d no objection .~o i~s appcoval vita CAe toll6vln s~ipula~lons: ;: a Detailed site dra~na-e -lans ~ ' County Zn lneer f~ ~ v~ ~fla~ oe suonitt~d to the · g r · itw. No cons~ruc=lon _ shall bs lssusd unless'~d un~il approval ol the proposed ' '. "'. ".~L~ r ~' I. '. ~v ~ .~'~." L~?&~'L .~ ~" '. ' ~'~ ........ ... ..... .... . ........ . : b. An Excavat.¢.on Pec=~.t ~.ll be ce~u~red ~o: t~e · ~ ~a~e ~n ~cco:~nce v~t~ Co~e~ Co~n~ O:~r.~.:e ~:o. be a~nded ~n the ~c~uce. c. Pekit[one~ shal~ dedicate necessary ov~f~l ca~a~ easements and a 2S fee~ v~de ~a~ntenance eas~=~n: ~he sov~h-easCecl~ a~d so~chetl~ bovndacies. ~ d. The lake sho-~n v~thin Trac~ 'S' sha~l no~ be c:~=~e~. · S~ch a lake sha~ have a n~n~un s~:e of ~ acres ~=~ a - ~ln[~un vidth o~ 200' ~n an~ direc~ion so as the a~reed vpcn bu~fet bet'~een T~acc B and ' residential zoned p~opecc~. Lake locaC~c~s ~r.~ s~zes ~ sha~l be as shcvfl o= ~he FUD ~astet Plan. -- e. The o~o~ect shall be desicned in acco~da~c~ v~t~ th~ ~ ~ mod~ed SOUth ~loc~da '~acer ~anaae~enc~ ~D~scr~cc f. (S.F.H.I~.D.) bernie and vlth discnacae'll..~c~: t: 0.0~ ~ cEs/acce, ' ~ ~$.06 UTXLZTZZS ~ "-' ~' ' The Ut~[~tl~'~':D~vision ~evieved~' this 'Pe~[~i'on a~d has no ~' '. ', . . the~c ~eno dated .~ove~e~ 27, ~985, attached ..... ~ 6.07 FIRE DZPAP. T~NT ........ . ,,_.,.,~ ~.:~ ..-~, ..~.....-.- -~.,~-...,.i~<&.~?I'~T'.-' .. · ~ , ....'. ~ · . ~. ·. . , ~ · ~. ~..~.~ ~.'~- ~ ~..,.... ~ - ~ t0/2,/88 ' ~K/ln ' _, ..: %~-- .. · .... ~..~.~'~ ~ .~---;~ ..... ~ '...- . :.....: _ ~.. -~ ~ r~:~ .. . .~ .......... ~ ..~..~~~~~~~'~ .~.~-.~ ...... ' ............. ~m~~,'.'-,~ .~. ~.~~: .... v --~ ........ , ........... ~ ~ ~ f ..... ~.-~ ..-r .... ~~--. , . .... NAPLES R ~ D PA.RK AT LELY .,SCHEDULE OF' EX~.ZBZTS AND TABLES ZN SUPPORT OF APPLICATION° PUD AIt£ND:;-":.IT APPLICATION AND PLANN£D UNIT D--VELO?I.t-_.~IT DOCU:4-'NT EXHIBIT A. Co P.U.D. /~AST£P. PLAN' AEriAL PHOTO~APH/LOCAT~O~I ~p LIST O~ NAPLES R & D GROUP, ~NC. CO~POP~T~ OFFICERS SURVEY MAP ~,' LEGAL DESCR2PT.'O~I-TP. ACTS A, & D. · ." .......- ... ..... :.: ,..~ .... .. SURVEY KAP & LEGAL DESCRIPTZON-T?.~CT COPY OF COV£.~', SHEET ORDT~'A.~ICE AFrIDRVZT ..... .., · - ' .... LETTE~ or ~'~RZZATZO"--~EZO.~ : ~ LETTER OF AUTKORZZATZON-PUO A~END~EN? TABLES LAND USE SU;~RY (Paae 2 - 6) -- ! NA?LE$ R & D G?.OU?, ]:NCO?.?O~.AT"D - P~ESIDENT: ~obett S. Bennett lSS Shocecraft Court ~a:co Island, Florida (8!3) VICE PRE$ID£NT: Sartley O. ~atrts 3707 Capistrano Trail Austin, Texas 78739 (S!2) 282-81S8 SECR£TARY-TRZASUR£R: Gcant ~. Snfth -336 Cricket Lake Dr~ve Naples, Florida 33962 (813) 434-6544 ~ LEGAL D---SCRI ?TION · ~ TP~%CT A, B, C · D ~ Sec~iofls 29 and 30, ~ownship SO Sou~h, ':' Ranfe 2~, East, Collie~ Coun~, ~ FO~: Lel7 ~s~a~s, Inc. . Al! t~at part cf the north 1/2 of Section 29 and 30, T=wnship · South, 2an~e 26 East, Collier County, florida he,hq no~e -- pa~tic=la=l7 desc:~bed as follo'ws; , . . Ccmmenc~m~ at the no~theaste~l~ corne~ of Bloc~ D o...yrtle ~ Cove Acres Unit ~o. ~ acco~lnq to the plat ~hereof as reco:ded . in P~t Book 3, pa~e 38 ~ublic Records of Collie- County, ~ Florida; · ~ Thence alonq the southwe~terly ri~ht-o[-wa~ line o~ U.S. ~1, (Ta=iani T~all) No,th 3g -0~'-00" Wes~ 247.15 fee~ to ~he ~ easte:!ymost cornet of that !and as desc:~bed ~ Pa~es 170 through 172 (lnclustve), Public Reco:ds of Collier ' County, Florlda; _ thence alon9 the boundar~ of said land In the followtn9 two (2} described co~ses; ~ (1} So, Ch SO~-S~'-00" West 300.00 feet; (2) NotCh 89 -3S'-00" ~esk 961.97 fee~ to the ves~ line ~ said land and the POINT O~ BEGINNING of the parcel herein~ ~ ~escr~h~d; thence c~nttflu~ N~th 89°-~3'-00" Wes~ 1540.16 fe~t; _ ' thence North 0~25'-00" East 100O.O0.feet; thence South 8~ -3S'-00, Za~t 432.18 feet; ' · thence No=th 0v~25'-00" East 100.00 feet; thence South 8~ -35'-00" East 592.98 - ' thence North 0 -25'-00" East' 79.78 feet; thence northe=l~ aha northeasterly 473.89 fee~ along the arc ' .of a circular cu~ye concave to the southeast th:ou:h a -- cen~ra~ angle o, S0 -31 -00 , havinq a radius o. S~.Cg ~ee~ an~ bein~ subtended hy a cho:d which bea~s No,th ., R5"-40'-30~ East 45~.69 fe~; . · thence North 50 ~56'-00~ East R74.93 fe~% to the - Southwesterly r~ht-of-vay line of U.S. 4~ (Tamian~ Tral~; thence alon~ said rlgh%-of-way line, South 39"-04'-00~ East -- 1298.0S feet; ~ thence leaving said'right-of-way l~ne, South 38°-17'-25" West ., 581.30 feet to the northerly line of that land as described ~ ' ~n sa~d 0.~. 679. pages 1]0-172~ - thence along said northerly line, ~otth 89°-3S'-00~ West ~ 348.55 feet to the northwest ~cner of said land~ ' thence along the west lin~ of said land, South 20-48,-13 Wes, 308.Sg feet to the south-west corner o~ said la~d and the ~ Point o~ eeg[nntng o~ the parcel he~ein descrtbed~ . ' subject to easements and restrictions of tecor~ ' ~ containing 56.8 acres ,more .or .less.-..lf%~-...,..... ~',~ .. · . ~ ........ ,.,... .... . .... . ~...:~~=:~:~:.~<.z~_ ;.: .... ,.,~...... ,~,.,..~ .~ ~. ~-~-..~.~. ~~~~~:~=~ ......... I:~' ..r %?.:-'~:~.?~.;~,&.J ":~" ~. ', .... ~r~ · I ._ ;).'.-:,'. :, L£~AL D~$CRZPTZO:! Description of part of Section 30, Tcunship 50 Scu~h, ~an~e 2~ East, Collier County, Florida 8~ Acre Outpatce~ All that Dart of Sect!on 30, Township 50 South, Range 26 East, Co!lief County,. Florida be!n~ more particularly desc:~ed as ~ol~o~s: Connenc!ng at the east 1/4 co:net o~ said Section thence alSng the south line o~ the north 1/2 o£ sa North 8~ -3S0-00. ~est 1Sl0.l& feet to the POZN: ~ Section' 30° the parcel herein described; thence continue along said ~ne, North 8g°-3S°-00" ~est 435.60 thence ~eaving ~aid line, North 0°-2S°-00- e.o~ ann thence ~outh 89~.3S,_00. East 43c ~n ~..~ ~-~ ~uu.uu :eec; $ovth 0 -25'-00' ~est 800.0O feet to the Beginning o~ the parcel'herein'described; sub~ect to easenents and restrictions of record; containing 8.00 acres note at less. '1 · · I "'~° I -~: Il .... --,-.' *" ~ c,::t: r :l*-;~'; i- - .:: .: lI :: ..... I ~ '::' '"' ~' '"' :'j" " ~ · · t I'-. ~i:-':- - . j--.. r ..... .i . I ::: i. ] ::.:: ;.:: -. _ ~i~. ~l . ..~ ........ ' "" ':"::l" .d - '. !:- :.: . :i.., :. ..,..l [ll~ .... I I .:l :"~'~;:l.lil' '.' I:llCZ. . ! { :' :} ri*x: , q--: -, :.. · x, · ~ :-- -~. ~,~k~¢~' :.~ ~ , ~.. .'... ',- : ~..... --..- -. ~'~'-.. · ..... - '..'.~ ' ' ' - . . '-- - .:~ "r~':'..~.~i~- .. ................ ~. ~ . ~ ~ ~~~~: ~ . ,C~......,. %. 2.~' "..: '.'.. ~ . .r . - ~.~...~.,- .~.-. - ~-~.~.~'~.%~--;.~- ~.- --~ .... -.---..- '. . · -' -.-- .. , ..... . ...: . . . .~. ~w~ ' ~ - . '~ L~:.. '~ -.. ,. . . ", 1... ~t~"Z~ a - ~ ...... , . ., . . ~-- ~ ~-. ,.. -'.. ...' . · ..... . ....... ~ · . . -- ....... ------.~t~ -. ~'.- ~- · -' · ...... . ............... ...... prepertT~ -. . ~e~e~o~zeuc h ~cc.~/aacl ~tch che f~ 4ee~eat 4t~iched he~etl ~ .... · ~h~bZC MAe ~ Jo ~.cerfetated heteJa Md b2 ferereKe ~e . · · ' · ' .~'.A~..~. :~...~ . .~ . ,, ,.. ... . sr~rex ~.~, 4 I, Pat:ic.~ T. Davis being f~-rst'dvly s',,orn, depose a.-.~ se'./ thac I an the owner o~ the property descr!.~ed herein ~ %'high is ~he sub~ec~ na~er o~ ~he proposed hearing; ~ha~ al~ ~he ensuecs ~o ~he ques~ions In ~his ~pp~ica~lofl, and a~ sketches, ~e~e, end o~her sup~enen~ecy =a~er a~ached to arid nade a ~e:c o~ th~s beigeS. % understand th~s a~p!~cat~on nust be co:~lete~ accurate ~e~ore a he~r~n~ can ~e adve~t~s~. % ~ur~t'~::~: the undersigned to act as ny representative In an7 ~atte:s rega~dLn9 th~s Petition 3ZgnaGu~e o~ Owner - Co:necczal Properties Southvest, Inc. Patrick T. Davis, Pres/defl~ Suo~n to and subscribed before ne th!s~ day. SignatUre o~ APplican~ Naples ~ & D Group, Xnc. ...... :' . ~y Co~n~ssion Expires- Notary Puoli6/ -- ' ' So~ & Peek, lac. - . ~ ~ ~ ~.~~-'-~" .~ ~ ........... We hereby authorize AZan D. ~evnolds, our behalf £n any hatters rega:~!ng the A~cat~on ~ear~nc For Re=one off 8.0 Acres ~ From A-2 =o PUD , Section 3__0 Tou~sh!~ South, Range 2--6 East, Colliec County, Flot~'da. Sworn Lo and subscribed befo.~.ne...thisCk day o~19'~_~_~. .. ~-. Hy Co~£ssio~ Expires: .Notary Public . · '" "l~c~7~u~c~ -~ -' . - Rag~ ~ & D O=oug, Inc. ~-~. Sworn to and subscribed before ne this .Lda7 of~199~ . ~"'~. o,~-.. ''~,,. ~,. ,~.. ~y Commission ~xptces: · :.' . . . ._ ..~t.. -t:~-...-.-. · ~~--'--- -- , ... ..... -, .~%~'..,~;~ -.'- c.u: -.*, ?....- .... '. '.. ' ..... ' .... .~ ,..,. . .. . ..: .... -. :.:..: ........ -.~:. . ~~.,~, ,~. .=.-',. ,.'.'. -...: ...... - EXHISIT J .'J NAPLES R 8, D PARK ~ TYPICAL LANDSCAPE./ FENCE ~ l~u 'x,,, EUILDING $--T=~:,C:< LINE "~ I D I.~°' TYmC~Cl. t S' CM.'IN LI~':.'C - I r----- ': ;"* 1 1'--'6"&' SHRU~ HT. 1 L'"VI:IE OH FE.N'C£ WI 4' RUNNERS · /I - '"' 6' O.C. SPACIHG G' 0 C S~'A¢ING · Buffer plan Is typic.~! for ... ' ' ' West 6 South -- boundaries of Tr::: -' ' PLAN VIEW ,e 8' Chain llnlt fence shall ..... . . . be ¢long enhre peri.re.tel' . ; . ~ - Gu · - .of property bcu~-J.c;les of . ' '" ~,~ ,~..',~."'.,. :-.',-'.,-.-.--'"~-'".''Tract D 8. E. . · ... ,.. ~'/.'/...,';:1;,",'..\.' .'.'-:L':,'..';'..-','::;':,'I .-:;.'.~'T,~s':,':-;'. ._ · _., ,..:,-,_' .~..? '. ;~.'~.~;: ~.-....'.,.*': ..... G'-8' SHRUB HT. " . ~.' CAROLINA JASMIN,. '~ ' ' / BOUGAINVILLEA -,,. TYPICAL SECTION '- ": · 6EP. M 8,' SWALE AS NECESSARY ! ' -' -' :...., . ...: .....'.'FOR ·WATER MANAGEMENT .~:~,~,~:,..~.~ J .--~:,~,,,;-~--..~.':X.:i-~;~',.*..~ .' '... ...... ,- ...... .~' .',-; '..,..-",','-.:-'~- .-..-:--.~-~::-'.'~.',~.~.'.-.=~:.:.'-Fg%-"d ~':~:'~'.:::.',:- · s~.2::'.. J;:-. . i [,AND USE SUMr~ARY ~ TA:~ LEl ~ *I~AXZMU~t ~ BUiLDZNG AP P ?.0:( i .%AT-' '~ Tract C .90,000 ~,~:: s.f. ~ ~0.~ . '- Tract E 2S,000 s.f. 8.0 .~ Lakes . . ' ' 7.T ~.1 Roads and. Buf~ets., '- * · · .: T.: S.3 ~ TOTAL D~VELO?Z4E~T ~78,S0~ ~ s.f. ~ 64.8 acres -- *'~he mgxim~n'a't~a'thg{'h~ be covere'd by the ptincipLl-building, ,~ accessory ~uildin~s'. and ~uture'additions.to either, including - loading . docks and other vorking areas, shall not exceed 60 ~ percent of.the'total area of the loc or trac: · ..-.-. · * · : ...t~.."} L~ 'T~&..~?~L.,~j~ ".'~rJ~.~-~-- ~:,''a..-'~ '~--* - ' ' ..'.. -'~ ....... ... , . " - ~. -' · '= --~l ., ~' ~,~'~.~a~-%~=~---'~=":% · _ ~.-:_,. .. ,..~ _.~ ...... :~=-.~ ;~r:.;.,g~!~g~~~~~=~.~ ~.. '.: ..... ...... ..... . .~*."~: q~'"'~ · '' . ' "LL~ ................. . .... =: .......... £XHXP~T ! LETTE~ O? AUT~O~IZATIO:~ We he=eby authorize A!an D. ~evno!dS. A!¢? to ac= as AOENT i~ Hearino For PUD Ane~d~e~t to Co!~e: County O~d!~a~¢e 8~-~ Date: May 6, 1986 Sections 29 & 30 Township South, ~ange 2--6 £as~, roll/er County, Floc/da. Signature o--~ ~ = ~-6-~'-'~~oPerr/es South'nest, ~¢. Pat=irk T. Davis, President ' Sworn to and subscribed before ne this._~_day o~' 19 .' ,.. ~ary Public ;~::=-/;c~. ~:~ ,~ .~:~ "~ ~ ..: ~'/~ ~. . ... i ~ ~ a & D Grou~, Inc. .t.¢ '~'' Kober% S. Bennett, Pres~ent Sworn Lo and subscribed btLo~t ce %his Lda~ O{r~19 .~? · .- I RESOLY. rTIO~ 97- "' 2 A RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, PURSUANT TO SECTION 2.7.3.4 OF T~E COLLIER COUNTY LAND DEVELOPMENT CODE AFFECTING ORDINANCE 88-84 ALSO KNOWNAS NAPLES R & D PARK AT LELY PUD, REQUIRING T~E SUBMITTAL OF A PUD ARENDM~NT; AND PROVIDING AN EFFECTIVE DATE. l0 WHEREAS,'the NaPles R & O Park at Lely PUD, Ordinance 88-84, '" 11 adopted on November 8, 1988, is subject to the provisions of Section 12 2.7.3.4., of the Land Development Co~a (LDC), Time Limits for Approved ~ 13 PUD Haster Plans; and -- 14 WHEREAS, the Board of County Commissioners has reviewed the PUD ~ 1S and has determined that the current PUD Zoning is inconsistent with 16 certain provisions of the Grog'ch Hanagement Plan (GMP) and the Land 17 Development Code; and 18 NOW, THEREFORE BE IT RESOLVED, by the Board of Zoning Appeals of -- 19 Collier County, Florida that: ... " 20 1. The above recitals are adopted herein by reference as if ~ 21 fully set forth herein. 22 2. This Resolution shall constitute evidence of compliance with 23 the review requirements of Section 2.7.3.4 of the LOC. ~ 24 3. Pursuant to said section of the LDC, the property o~ner or -- 25 agent shall submit an amended PUD to the Planning Services -- 26 Director prior to August 18, 1997 in order to cause said PUD to 27 become consistent with the Collier County GMP. 28 This Resolution shall become effective immediately upon its 29 approval. ~ 30 BE IT FURTHER RESOLVED that this Resolution be recorded ~n the -- 31 minutes of this Board and in the records of the Petition for which the 32 33 34 extension is granted. Th£s Resolut£on adopted &rte= mot£on, second and ma~o=lty vote. Done this day of , 1997. BOARD OF COUWZ"/ COMHZSSXONI~::tS COLLZER COUNTY, FLORXDA 7 10 11 ATTEST: DWIGHT E. BROCK, CLERK BY: ?IMO~ L. }b%NCOCK, CHAI~LKAN 12 13 14 15 APPROVED AS TO FORM AND LEGAL SUFFICIENCY: 16 18 MARJORIB M..STUDENT 19 ASSISTANT COUNTY ATTORNEY 2O 21 NAPLES R & D PARK AT LELY PUD/19189 22 23 --- 24 26 27 ..~ 28 · -' NO...~ AGEN No. FEB 1 1997 · MEMORANDUM To: Bob Mulhere Current Planning Manager From:qK~arjorie M. Student Assistant County Attorney Date: November 25, 1996 Re: PUD Sunsetting Procedure and Process RLS No. PLS 96103101 In >'our October I$, 1996 Memo you pose four questions as follows: 1. Does the Board have the legal right to put a time limit on a rezoning action.'? All inconsistent PUDs were reviewed under the ZRO program and deemed to be consistent on the basis of improved property or compatibility. Can the BCC eliminate or otherwise affect density or intensity of land use for these PUDs.? 3. Can the BCC reduce density or intensity of land uses other~vise consistent ~vith the FLU'E? 4. Can the BCC eliminate certain uses form a PUD othe~vise consistent with the FLUE? In response to Question l, it is my opinion that the BCC could impose time limits on rezordngs. I have searched the Florida case law and could find no cases on this. Should the Board impose such a time limit, upon the lapse of that period, there could be no "automatic" rezone to another district nor could there be a reversion to the previous zoning district. Op. Atty. Gen. Fla. 72-104 (1972). So long as the BCC conducted public hearings on the proposed rezone that would take place at the end of the time frame determined for the prior zoning, there sholfld be no problem. Of course the Board would have to take into account the criteria for rezonings set forth in Subsections 2.7.2.5 and/or 2.7.3.2.5 of the Land Developmemt Code Cs,DC); review the Staff and Collier County Planning Commission's (CCPC) recommendations on same and conduct public hearings. Any time-frame established must be reasonable. In response to Question 2, it would be my opinion that each fituation must be reviewed on a case by oase basis. As to improved property, I do not see how improved property would even meet the ~riteria needed for PUD sunsetting since there must be substantial improvement on the property in order to receive that designation. In other words, such property should be a legal non-conforming use. As to compatibility exceptions Subsection 2.1.16 of the LDC may control. This pro,,4sion states: FEB 1 8 1997 ~._. P~- ~...._. NSvember"25, 1996 Bob Mulhere Sunsetting Procedures & Proce~ Sec. 2.1.16. Effect of approvals under the zoning reevaluation ordinance. Any use or structure that has been _m'anted a compatibility exception, an exemption, or vested rights pursuant to the Collier County Zoning Reevaluation Ordinance, Ordinance No. 90-23 (1990) [Code ch. 106, a~. II}, shall be a permitted use in the zoning district in which it is located to the extent of its approved maximum density or intensity of use and to the extent that it rcmains effective. Such use or structure shall nevertheless comply with all other requirements and regulations of the land development code. However, it could be argued that the language "to the extent it remains effective" contemplates the Sunset Provision - Subsection 2.7.3.4 of the LDC and thus a PUD receiving a compatibility exception could be subject to the sunsening provision. In any event, such projects should still be evaluated using the rezone criteria set forth in Subsections 2.7.2.5 and/or 2.7.3.2.5 of the LDC. These of course include compatibilit2,.' and consistency with the Growth .Management Plz.'~ (GMP). In response to Question 3, it is my opinion that the BCC'can reduce density or intensity of land uses consi_ctent with the Future Land Use Element (FLUE) so long as such reduction would: (1) meet tee criteria for rezones set ~'orth in Subsections 2.7.2.5 and/or 2.7.3.2.5 of the LDC; (2) not interfere with vested rights of;he project: (3) not trigger the Bert J. Harris, .Ir. Private ProperE:' Rights Protection Act (Section 70.001. ~); (4) not interfere with the affordable housing requirements of Sub.~ection 163.3177(6)(0 of the Growth Management Act.; and (5) not r~ult in exclusionary zoning. The response to Question 4 is the sm'ne as the response to Question 3. Please be advised that pursuant to Board of County Commissioners ofBrevard CounW v. v~_ELY..~;, 627 So.2d 469, 475 (Fla. 1993), a local government has discretion to decide that the maximum development density permitted by the comprehensive plan should not be allowed so long as some development is approved that is consistent with the plan and is ~pportr. xl by competent, substantial evidence. . We have disposed of the other matters discussed in the memo as a result ora meeting earlier this month. If you~have any fimher questions or comments, please do not hesitate to contact me. h:/ewlmm~lmcmosl3lalbes'~ Smm. s4~ag l%ocedures cc: David C. Weigel FEB 1 8 1997 To: David C. Weigel .. nty Attorney From: Mmjorie M. Student Assistant County Attorney Date: November 18, 1996 Re: PUD Sunsetting Concer~ I have several legal concerns regarding the stmsetting of PUDs should that involve adjusting density, or land use. They are categorized in this memo. Additionally this is a response to Attorney Richard Grosso's legal opinion to the Florida Wildlife Federation dated October 21, 1996. I. 'c 'v 'o c ' ' 7 ' ' 3 First of all, I disagree with Mr. Grosso conceming the grandfathering language of the Property Rights Act. He is correct in stating that subsection 2.7.3.4. of the Land Development Code (LDC) dea!irng with PUD stinsetting is not subject to the new law. However, he ignores the fact that any PUD amendments necessary to implement any BCC recommended changes to a PUD document, including density reduction or a land use change, would require the adoption of a new ordinance that would be subject to the Act. The date after which the law applies to ordinance adoptions is May 1995. Subsection 2.7.3.5.5. of the LDC requires that any text change to a PUD must be accomplished by ordinance. Moreover, Subsection 2.7.3.4 requires that should the property owner not make the necessary PUD amendments required by the sunset'ting process then the BCC h~s the authority to rezone the PUD to an appropriate district. TI'tis to.o, would have to be accomplished by an ordinance adopted after the "trigger date" set forth in the Act and thus be subject to it. I also disagree with Mr. Grosso on the density reduction issue for the following reasons. No Florida court has yet had the opportunity to construe any of the key terms in the Act. Subsection 70.001 (2) provides that [w]hen a specific action of a govemmental entity has inordinately burdened an existing use orreal property or a vested right to a specific use of real property, the property, owner of that real property is entitled to relief, which may include compensation for the actual loss to the fair market value of the property caused by the action of the government. The key terms are "existing use", "vested right" and "inordinate FEB 1 8 1997 Novcm't~r 18, 1996 PUD Sm~ettlng Concerns The Act defines an existing use as: 1) ma actual, present use or activity on the real property; 2) periods of inactivity normally associated with or incidental to the n:,ture or type of use that takes place on the property; 3) such reasonably foreseeable, nonspeculative land u.s..~ which are suitable for the subject property, are compatible with adjacent land uses and which have created an existing lair market value in the property greater than the fair mv. rket value of the actual, present use or activity on the property. See Subsection 70.001(3)Co), El.o. ti.da.~al~. A vested fi_viaL as defined in the Act, is determined by applying the principles of equitable estoppel or substantive due process under Florida common law or applying the statutory l~w of the state. Subsection 70.001(3)(a), Florida Statutes. The Act defines an inordinate burden as an action by one or more goverr,.mental enEties that has directly resu"icted or limited the uses of the real property such that the property ov,'~er is permanently unable to attain the reasonable invesu'nent backed expectation for t.he existing use of the property or a vested fi~t to a specific use ofthe real property with respect to the property a whole. Additionally, it can mean that the property ow'ncr is lef~ with existin$ or vested ,uses that are unre~onzble such that the property owner permanently bears a disproportionate shall of a burden imposed for the good of the public which in fairness should be borne by the public at large. See'Subs~fion 70.001(3)(e), Flofid~ Statutes. There is no "'oright line" test to dete,,-n'~ine what a vested fight is. These types of cues in Florida have been de:ermined on a case by case basis. Since our Zoning Reevz!uation Pre,am was set up to deal with this issue, an ar.re.ur, eh: could be made that <y property that passed through that process and received an exemption pursuant to Subsection 106-40 of A.nicle H, "Zoning Reeval~tion", Chapter 106, "Plar~_~ng" of the Code of Laws and Ordinances of Collier County, Florida or a determination ofvested s;atus pursuant to Subsection 10646 of that Ordinance could cl ;z.h'n vested status. Moreover, the Act defines "existing uses" broadly including those that m'e reasonv2r.~ly foreseeable, nonspeculafive, compatible and have created additional fair market value on the property over v_nd above the existing use er ,uses. Rezones from less intense and les~'dertse land uses to more intense, higher density land uses could have the effect of increasing fair mv. xket value as in the case ora rezone from Estates to PUD or Agriculture to PUD - depending of course, on the land ,uses permitted by the particular PUD. It is impossible to draw a "bright Line" here either as each PUD must be evaluated on its own merit. The opinion ora property m:2praiser should be obtained as to the effect of the PUD zoning on any given parcel of'land as well ~ any future downzoning on such parcel upon faiz market value. However, an argument could be made that any reduction in density or decrease in the intensity of land use on. the PLID p.~.":el. could decrease the fair market value of the property and thus trigger the Act. An argumen~ could also be made that any downzoning of the PUD property has created an inordinate burden thereon since as a result, the reasonable, invesu'nent back.~t~~~ the property ow'ncr ~'e not capable of being_ attained. Ofcourse, this is a questiola of f,x~ FEB 1 8 1997 ~I~eulbe'r 18, 1996 2)avicl C. We[gel' ]PUD Suna.ettiag Coacems cannot be uniformly applied to every PUD subject to the sunsetdng. The term "reasonable, investment backed expectations" is not precise. In fact a recent article in the ~ ~-,.9.llil3.~,_D.j~ staled that the concept of investment-backed expectations remains an ambiguous term that is difficult to apply. See "The Wisconsin Supreme Court Responds to I.,ucas", 48 ~ ~, No. 9 at page 6. I therefore, conclude that in order for the County to stay within the Property Rights Act, each PUD must be evaluated on its own merit before any land use or density change can be accomplished. Moreover, it is recommended that the County work with the PUD property ob'ncr to achieve a mutually beneficial result. Besides u"'iggering the Bert J'. Harris, .Ir. PHvate Property Rights Protection Act, if vested rights are interfered ~'ith by a local government there is an equitable remedy in circuit court, that being a determination of vested status and a resulting court order permitting the vested project to occur as originally approved. The common law elements of vested Hghts or equitable estoppel in Florida ~e as follows: an act or omission ora governmental entity upon which the property owner has relied in good faith and has made such a substantial change in position or incurred such excessive o'--'!i?:ions and expenses that it would be kighly inequitable and unjust to destroy . a.o ...... ' v. ' v ,383 So.2d 681 ('Fla. 2d DCA 1980) These rn~rter~ a:e de:e,.-r..ined on a ease by ease basis. There is no "bright line" test. Therefore, any do~2c,,~n=~ tha: may result fi.om sunsetfin~_ of any PUDs should not interfere with a vested a_~a._: z.:.v property owner that was ~.nted an exemption or determination of vested rights th.-ou_o_h th, e County's Zoning Reevaluation process may be able to claim vested status so far as densit%' or pe,.~rted land use is concerned, l~loreover, any property owner gaining PUD ~-pproval since the ~doption of the GM~P m~y be ~ble to achieve vested status by the donation of right-o£-way, creation of easements for public purposes or other related expenditures in favor of the public and also related to the proposed development. In ~ ' ' v ,532 So.2d 722 (Fla. 5~ DCA 1959), the Court opined thai the nature of PUD zoning requires cooperation bev. veen the property owner and the zoning authority in creating the overall plan. Id. at page 728. The Court held that a planned special development by its very nature must be sought by the property owner and cannot be imposed over an owner's objection and thus invalidated a PUD rczone imposed solely by the Coun .ry. Id. at page '729. Collier Coun,¥s PUD requirements are quite similar to the planned special development requirements of St. John's County at issue in While the case did not address PUD amendments, an argument could be made by a property owner that due to the consensual nature of PUD zoning between it and the local government, a PUD amend.men: cz'mot be imposed upon the property without the ow-net's conse case law dealing ',,,-i:/'~ PUD amendments on this point. It is the opinion of the w~ FEB 1 8 1997 'lqov~-m~r 18, 1996 D~vid C. Weigel .... PUD $?¢tti~g Concerns Peg¢ 4 such a case, a court would balance the police power int~ of the local government ag'~.st the private interests of the property owner in determia~g whether or not the PUD amendment is valicL Add~tionzlly, I am concerned tha! ~fde~[t[e~ a~e reduced too greally the Co~mty may ~ afo~ of the need to pro,de affor~ble ho~g p~umt to Subs~on 163.3177(~(0 of~e Gro~ M~agement Act. Additionally, ~ere may be excl~ion~ zo~g proble~ ~ch ~ w~ the ~e ~ South Burlin~on Coun~ N~CP v. Mt. Laurel To~shi~,. 67 N. ~. 151,336 A.2d 713 (1975) where ~ere were low densi~ resid~5~ lind me stm~ ~posed ~o~y ~ou~out ~e Tow~p. I hope th.is memo answers you.r concerns relating to PUD sunsetting. Should you have any further questions or comments, please advise. h"/c~'"Zmms/rt~..'nos,~'c~:;~. PUD Suns¢~ng Concerns FEB 1 8 1997 PRESENTATION OF EPTAB'S REPORT TO THE BCC ON "INVASIVE EXOTIC PLANTS IN COLLIER COUNTY". TO accept EPTAB's report on "Invasive Exotic Plants in Collier County,, and provide direction to staff for future implementation activities. CONSIDERATIONS: The Environmental Policy Technical Advisory Board (EPTAB) has produced a report investigating the problems associated with invasive exotic plants (Attached). EPTAB recommendations from the report are summarized as follows: me Educate the public, government and landscape/nursery industry on recognition, eradication methods assistance sources and legal requirements. ' Adopt a comprehensive Exotics Ordinance to target non- construction problems which Code Enforcement staff must pursue. 3. Improve enforcement of pertinent ordinances through both compliance incentives/flexibility and through increased enforcement field support (volunteer and staff). 4. Actively pursue funding/assistance for control efforts through a) cooperation/sharing of resources with other agencies and organizations; b) application for public and private grants; c) cultivation of volunteer help where applicable (labor is the single biggest eradication expense). 5. Assure exotics removal on County properties. 6. Support research by other entities on better control methods (lobby for a full biological control quarantine facility in South Florida, perhaps connected to FGCU, and federal funding for USDA Australian research station). FISCAL IMPACT: There is no fiscal impact for the BCC to receive the presentation of EPTAB's investigative report. There will be futu-- impacts if the BOO directs staff to imple, ~Jnt ~~- FEB 1 8 1997 recommendations. These impacts can be evaluated after further study and direction. Major program initiatives requiring additional funding can be brought to the BCC as part of the FY98 budget process. Pursuant to Policy 1.Z.1 of the Conservation and Coastal Management Element, EPTAB functions as the BCC's technical advisory committee for the development of the County,s comprehensive environmental management program. That the BCC accept EPTAB's report and provide direction to staff for future implementation activities. Prepared by:~ Date: ~- ~- 97 Approved bY:~tor,te ~-~-~7 Da : Community Development and Environmental Services WDL/gmm/10321 cc: EPTAB Members FEB 1 8 1997 Pi. ~ INVASIVE EXOTIC PLANTS IN COLLIER COUN.-~~ EPTAB Exotic Plant Subcommittee Report January, 1997 Exotic Plant Subcommittee: Chuck Ray, Chairman Bradley Cornell Nancy Payton Staff Liaison: Kimberly Polen FEB 1 8 1997 ACKNOWLEDGMENTS The Environmental Policy Technical Advisory Board wishes lo especially recognize the tremendous research and field assistance g~ven this board by Kimberly Polen, formerly with the Natural Resources Department, and now Environmental Compliance Investigator for Collier County Code Enforcement. EPTAB also gratefully acknowledges the contributions, advice and assistance ofrered by the following people in the execution of this report: Wayne Arnold Barbara Bergeson Ted Center Joe Delate John DiManino Marco Espinar Clyde Fugate Mike Kirby Bruce McNall Shirley Ray Nancy Siemian LiMa Sullivan AGEND FEB 1 8 1997 SUMMARY: Collier County, like all of'South Florida, has not been spared a serious infestation of invasive exotic plants. These plants, wkich include predominantly spec/es such as Melaleuea, Brazilian Pepper, Austral/an Pine, Water Hyacinth, and HydrilIa (and over 100 others to vary/ng lesser degrees), are responsible for very significant health, safety, economic and environmental problems throughoul the county. They are spreading rapidly and thus there is strong impetus to more aggressively address exotics control issues now to minimize greater future expenses and problems for all. Melaleuca and Brazilian Pepper are major sources of year. round allergens to much of our cilizenry, resulting in much higher health care costs and serious health problems for some people. Melaleuea poses a very serious f'Lre hazard to both structures and natural areas due to the high volatilily of/ts oily leaves. Navigation, flood control, and recreation are compromised by invasive exotics choldng the water and banks of canals, rivers and lakes. Real estate values suffer greatly when exotics are present in large quantities, and buyers and sellers unfamiliar with the species are especially vulnerable. And every one of our very unique natural areas is increasingly impacted by the spread ofthese noxious plants as native flora and fauna habitat diminishes in quantity and quality, which also impacts tourism and other nature- based recreation. Collier County has recognized, since 1975, this growing problem through a progression of'ordinances and policies which attempt to curb the spread of'these plants, most notably the LDC and the Litter, Weeds, and Exotics Ordinance. Site inspections by both staffand EPTAB show enforcement has been good for new projects except some County properties, but poor for post-construction monitoring. There is poor awareness, generally, of what the worst species look like, how to get rid of them, and what expense is involved. There also is a lack ora specific, comprehensive, and efficient Exotics Control Ordinance. The EPTAB recommendations are summarized below (,please also see attached Appendix ti which shows a Cost Prioritization of'Specific Recommendations): 1. Educate the public, government, and landscape/nursery industry on recognition, eradication methods, assistance sources, and legal requirements. 2. Adopt a comprehensive Exotics Ordinance to target non-construct/on problems which Code Compliance staff must pursue. 3. Improve enforcement of pertinent ordinances through both compliance incentives/flexibility, and through increased enforcement field support (volunteer and start). 4. Actively pursue funding/ass/stance for control efforts through a) cooperation/sharing of resources with other agencies and organizations; b) application for public and private grants; c) cultivation of volunteer help where applicable (labor is the single biggest eradication expense). .5. Assure exotics removal on County proper'des. 6. Support research by other entities on better control methods. (Lobby for a full biological control quarantine facility in South Florida, perhaps connected to FC-CU, and federal funding for USDA Austral/an research station.) Many of the specific recommendations found in the report have minimal budget impacts, and o~ers which do, such as the education initiative, are good candidates for cooperation with other involved entities, or grant funding. The report emphasizes building community support for invasive exotics control pol/c/es through education initiatives. L Introduction: Overview of a Problem "The unControlled spreading of ~xotlc plants Is one of the most serious ecological problems facing southwest Florida today." That is the concensus of many of Florida's prominent biologists fi'om government, academia and industry. This paper was developed in response to an ecological problem of unparalleled significance and danger to the natural ecology of'south Florida, and in particular Collier Cotmty. Exotic plants are changing the face of south Florida. If left unchecked, Florida's multi-billion dollar tourism industry will suffer increasingly significant erosion, and individual Collier Countians sm'ad to lose out in many ways. Exotics have displaced highly valued mangrove ri'ecs along miles of shoreline. They have altered thousand~ of acres of habitat including that of the Florida panther, black bear and other threatened and endangered species. They cause huma~ suffering by inducing allergic reactions, especially to melaleuca pollen which is present in large quantities throughout the year, and severe skin rashes from Bra.filian pepper. Melaleuca poses a greal fire hazard, particularly in areas which have been overdrained (which is much of Collier County), due to the extraordinary volatility of its oily leaves. Invasive exotics now cost our citizens millions o£dollars every year in allergy-related health expenses, depressed real estate values, and eradication costs, in addition to the impacts on tourism. The problem becomes more critical every day. It has been calculated that melaleuca (Melaleuca quinquenervia) trees invade another 50 acres every day (Plunkett, 1994). Others suggest far greater amounts. It is imperative that Collier County and its citizens participate in the control of this menace. The Governor's Commission for a Sustainable South Florida Initial Report provides excellent background on the extent and serious nature of this species' invasion (Governor's Commission, 1995, pp. 78-82). The predominant source for all these noxious weeds is the commercial importation of exotic plants (Center, 1995). We in Collier Count), taus! address both this source and the all too numerous resultant symptoms of previous failures to screen out invasive plants. The University of Florida Cooperative Extension Service has proposed that "it is the responsibility of those who are aware of the problems caused by noxious exotic plants to educate others as to theiridentity and control to prevent further ecological damage to native ecosystems" (WAS circular 868). The Environmental Policy Technical Advisory Board 0EPTAB) concurs with that position and accepts the inherent requirement "to do something about it". Consistent with that responsibilit)', EPTAB undertook this project to determine the ex'tent of the problem in Collier County, to evaluate the mechanisms available to limit or control exotics, and to consider measures that might enhance Count)' effectiveness in dealing with this problem. D. The Plants Exotic plants are species that were introduced accidentally or deh'berately from Australia, South America and other continents, and are prolife?ating in Florida at the expense of native species. A very important source of exotics is the volume of imported plants for commercial uses - over 456 million in 1993 alone (80% through Port of Miami) (Center, 1995). The Exotic Pest Plant Council's current most inva.sive exotic plants includes 116 species as testament to the inadequacy ofthe screening process. 3 st of FEB 1 8 1997 P~. ~) Melaleuca iMelaleuca qulnquentrvia) in particular has altered vast areas of the Everglades by replacing native tree islands, sawgrass marshes and other habitats. The mature trees typically form impassable jungles of light blocking stands which virtually climinate other plant species. The stands have limited wildlife value and reduce species diversity by as much as 6040% (Center, 1995). They are known to impact a number of endangered or threatened species including Florida panther, wood storlg Big Cypress fox squirrel and others. The loss ofmore than 28 square miles ofhabitat per year is one ofgreat significance to wildlife. M¢laleuca has been most critical to control where individual trees or outliers exist (not the monocultures) which is the initial entry into an ecosystem. This is wher~ the species spreads the fastest (Mel. Mgrat. Plan, 1994). Less thoroughly documented are the impacts of other exotics, especially Brazilian pepper ($Mnus terebinthifollus). This plant is in the same family as poison oak and po/son ivy. It has brilliant red berries and sometimes is referred to as Chr/stmas holly. The colorful berries may have been respons~ie for its importation as a decorative p~ant specimen. In the Florida environment such imports are free of predators, natural enemies and other constraints, so are fr~e to flourish and om-compete native plant communities. Brazilian pepper has altered the appearance of Collier county by dominating, often eliminating native species on public rights of way, agr/cultural lands, undeveloped areas and older subdivisions. Infestations appear to commence along roads and other rights o£way at field margins and in other areas where native plant communities have been disturbed by earth moving. From that foothold, they spread to the interiors of unused lands. Australian pines (Casuarlna spp.) grow quickly to perhaps 50 feet in ten years, and I00 feet by the age of 20. A stead.,,' rain of seed from the original colonizer creates a carpet of seedlings under the canopy. The sprouting plants are just about the only ones able to survive in the darkened and chemically altered environment. A great example of this takeover is what should be one of the Naples area's environmental showplaces, Keywaydin Island. From a boat on the Intercoastal Waterv,,ay between Naples and Marco Island you w-ill see no a show place anchored by mangroves, one of our most important native plants, but instead miles of shoreline where mangroves have been crowded out by Australian pines. Some other less well-known, but potentially harmful invasive species are earleaf acacia (Acacia auriculiformis), lather leaf (Colubrina asfatt'ca), air potato ('Dioscorea bulbifera), woman's tongue (Albizia lebbeck), climbing fern (Zygodiurn mlcrophyllum), downy rosemyrtle (Rhodamyrtus tomen/osus), java plum (Syog, iurn cum/M), and catclaw mimosa (Mimosapigra). They are lesser known only to a complacent population; to even the amateur ecologist they are symbols of a scourge, and all of them are now prohibited species here in Collier County. Yet many of these exotics are seen as valued spec/mens in yards ofall our sub-divisions. Aquatic species, including water hyacinth (Eichhornla crasstpes) and hydrilla (Hydrilla verticillata) cause great damage to navigation and drainage as well as reduce biodiversity and oxygen levels in water. Appendix A lists the most serious ofinvasive spec/es. The present county list of prohibited species should be expanded to include several other recently introduced plants just becoming recognized as potentially serious problems. Asparagus fern (Asparagus denslflorus), the pervasive groundcover wedelia ( Wedelia trilobata), carrot'wood ( Cupaniopsis anacar&'oides), and laurel fig (F/cus microcarpa) are just a few examples. AG E:N.,O,~.!Tr~/,4 ,, ,, NO. ~ 4 FEB 1 8 1997 HI. Economic, Health and Safety Impacts Thc financial cost of exotic plants is almost beyond measuring, and every citizen pays pan of thc cost. Current County budgets include $80,000 for exotic removal and control in clam Bay alone. County Stormwatcr Management Department is responsible for 278 miles of waterways. They have budgeted $$49,400 for removal of exotics because the plants arc panly thc cause of widespread flooding and degraded water quality. In addition, Collier County enjoys great economic benefits from the eco-tourism industry (birdwatching, fishing, canoeing, tours, hunting, h~king, etc.). Accordingly, exotics' environmental degradation will severely impact our local economy's health, if not controlled. Exotics add to the cost of nearly every new dwelling here. Each building permit requires that all prohibited exotic plants be removed from the site prior to the County issuing a Certificate of Occupancy. In the case of large plots seriously infected with large melaleuca or Australian pine stands, the cost can run to many thousands of dollars. For the builder of a modest home in Golden Gate Estates, the cost of clearing is a major consideration. It is important in the selection ora homesite, and may prevent many owners from building. Also, melaleuca groves are a fire hazard. The leaves contain an oily substance which burns fiercely once ignited, and can easily spread to the structures which they surround. Several of the plants constitute health hazards. Melaleuca is widely recogrfized as a human respiratory irritant. Brazil/an pepper is closely related to poison ivy and has the .same effects on many people. Both cause asthma and create other allergy-related health problems. All of us pay these costs directly through medical bills or indirectly through higher insurance rates or subsidized care. Besides County expenditures, the US Departments of Inter/or and Agriculture, Florida State Pm'ks &" Recreation, Forestry and the South Florida Water Management District and other entities annually spend huge sums on exotics control. The State currently spends more than $22 million on melaleuea control alone, and the South Flor/da Water Management District spent $1.4 million on melaleuca control in their Water conservation Area 3, It is estimated that Federal, State and local agencies spent neaxly $10 million dollars on melaleuca control over the past ten years. The costs of removal and/or prevention of complete infestation of the Everglades and South Florida wetlands ~vas estimated at $168.6 million dollars per year (Mci. Mgrnt. Plan). An excellent summary of existing and potential cons ofexotic plant infestations is prov/ded by the Economic Impact Statement submined when melaleuca was added to the Florida Prohibited Aquatic Plant List (Diamond, Davis and $chmitz). /V. On Paper: Regulations, Codes and Reviews Used in Collier County Overview of Collier County Exotic Plant Regulations: More than 25 years ago Collier County · officials recogrgzed that several introduced plants were becoming a serious threat to native habitats. The first official salvo in the war against invasive exotics occurred in June, 1975 (ORD #75-21) when County passed an ordinance eliminating the permit fees for the removal of Australian pine, melaleuca., and Brazil/an pepper. Soon after, ORD #79-73 actually prohibited Brazilian pepper and melaleuca and required their removal during irfitial development phase cleating. .. 5 FEB ! 8 1997 :In 1982 significant ordinances were enacted to control the spread of noxious exotic plants. Australian pine, m¢laleuca, Brazilian pepper, paper mulberry, earle, at'acacia, and chinaberry tree could not be used to meet landscape requirements (ORD #82-2). Brazilian pepper and melaleuca (ORD #82-37) were required to be cleared from the property during the development phase, just as in ORE) #79-73 (the earlier version of the same ordinance). The requirements were well-intended, but failed to consider reinvasion of the prol:x:rty. In 1989 amendments were passed mandating that maintenance programs including control techniques be developed, approved by the county, and implemented through the Planned Unit Development (PUD) section (ORD #89-49) and the Site Development Plan (SDP) section (ORD #89-43). Despite the above efforts, noxious exotics continued their invasion of Collier County's native habitats. Amendments in 1991 (Land Development Code, OR. ID #91-102) attempted to limit the impact that noxious exotics growing on unimproved lanct, common areas, rights-of-way, and easements could have on improved or developed property (required by ordinance to be noxious exotic-free). Also recogn/zing the importance of native species, the 1991 amendments protected native vegetation during the removal of exotics. in 1996, amendments adopted, and being considered (see the revised Litter, Weeds and Exotics Ordinance) may strengthen the ordinances pertaining to exotics on rifts-of, ways and all easements on improved property within subdivisions as well as unimproved properties abutling improved properties. Also the list of prohibited exotics has been expanded, in addition to Australian pine, melaleuca, Brazilian pepper, earleaf acacia., catclaw mimosa, ]ava plum, and downy rosem>Ttle, to now include women's tongue, lather leaf, air potato, and climbfng fern. Unfortunately, because of large exemptions, economic difficult/es related to mandatory eradication, and inefficient treatment of exotics, the Litter, Weeds and Exotics Ordinance is still not a good comprehensive exotics regulatory tool. For a complete history of Collier County's exotic plant regulations, plea. se see the chart in Appendix B. Development review process outlined: As detailed by Mike Kirby, former Environmental Compliance investigator for Collier County's Code Enforcement section, and Clyde Fugate and John DiMartino in Engineering Inspections, a series of inspections by engineering and code enforcement representatives is used to ensure exotics removal on developed property, both public and private. In all cases, developed properties are to be maintained exotics-free in perpetuity. For new subdivisions, all prohibited exotics are required to be removed before acceptance is given. A bond is posted and accepted by Coil/er County and engineering inspections are done for all subdivision improvements. Exotics must be removed in all rights, of. way, preserves, common areas, and water management areas. Inspections occur for preliminary approval and again for final acceptance, and then periodic follow-up inspections until the planned unit development ('PUD) phase is built out. Annual PUD monitoring repons are filed which should reflect the findings of the follow, up inspections-exotics are now part of the monitoring. Once final acceptance has been given, an exotics management plan must be filed with the County and responsibility is transferred from the developer to the subdivision homeowners' association. For site develo ment lan ro'ects w/thin the above subdivisions, an exotics removal inspection is requfred before any certificates ofoccupa, ncy are issued. 6 FEB 1 8 1997 .$ ~, there is an exotics removal inspection line r~ght on the engineering inspection ticket (which there is not on larger projects' tickets). No certificate of occupancy is issued until inspection verifies exotics removal compliance. Code corn liance o rations: Once a pro.~ect has been accepted or a ceniHcate ofoccupancy issued, individual property owners become responsible for maintaining their lots exotics-free. Thc Code Enforcement staff ensure compliance through violations noted on tuG,toting repons, and on citizen complaints called in. Routine, programmatic inspections are to be done of all accepted projects. When violations occur on subdivisions, one year is given for removing the exotics. Other exotics violations are pursued through the letter notification process. If no results, then the County places a lien on the property and removes the vegetation. At th/s time, most liens are not foreclosed on, and when collection does occur the money is directed to the County's general funds rather than code enforcement operations. All "estates" zoned areas are currently exempt from unimproved property exotics removal requirements, such as when a neighboring unimproved lot is infested next to improved property. V. In Practice: EPTAB/Stafflnspections With advice and assistance by Natural Resource Department scientists, EPTAB selected a number of residential, commercial and public projects for evaluation. Removal of exotics appears to be complete in the majority of these projects at the time of completion. Unfortunate]y, follow-up often is lacking. Exotics resprout soon after eradication and continue to flourish. Also, during the last seven years there have been many citizen inquires regarding prohibited exotic plant maintenance and control, but there have not been any routinely scheduled re-inspections after project completions. For a complete account of both punic and private projects inspected, please refer to Appendices C and D, respectively. Public Areas: East Naples Commurdty Park, Veterans Community Park and Barefoot Beach Park all have serious i~.f'estations of exotics; some road and canal fights-of-way are also seriously infested, although most rights-ot"-v,'ay are clear. Those less ~aveled usually are the most seriously impacted. However, the problem has reached advanced stages along several major arterials. Along Vanderbilt Drive, between Bluebill Avenue and Wiggins Pass Road, the mangroves, buttonwoods and other salt tolerating ~'ees and understory have been replaced by Brazilian pepper and Australian pine. Private Areas: Environmental specialists with the Planning Services Section provided the Natural Resources staffv,-ith environmental assessments of 33 Planned Unit Developments (PUD's). Only five of the PUD's, which were evaluated by staff from May, 199.5 through March, 1996, did no__!t have any prohibited exotic plants present. Procedurally, the inspection documentation process for larger developments does not adequately track exotics removal and is successful only because individual staff are vet7 knowledgeable and proficient. County-wide exotics removal and follow-up documentation should be used on ail projects and cases. There also are problems in the efficiency of record retrieval for both staffand the public. These issues have recently been brought to the attention of management staff. Grandfathered, older subdivisions pose an enforcement problem, as do the vast expanses of the Golden Gate Estates. Many areas were created pr/or to ordinances prohibiting exotic plants which harbor a great deal of exotic plant mater/al, often used for landscaping. Right now there is no mechanism to control spreading or provide for removal of exotics until such time as existing structures are substantially improved, or on a complaint basis. Marco Island, Pine Ridge, and Lely are just a few examples ofthe problem. There should be extra incentive to eradicate melaleuca in the more rural areas of the estates 7 No. ~ FEB ! 8 1997 where these trees pose not only threats to the significant native habitats there, but also threats to the health and safety of those residents due to intense fire hazards and respiratory and skin allergy problems. Conclusions on Local Re lal~ Tools: Collier County has basically very progressive and potentially effective rules to help eradicate pest plants locally. The County should continue to update its list of prohibited species, but should do so in coordination with the Florida Exotic Pest Plant Council's List of Florida's Most lnvasive $£ecies ('EPPC, annually updated). Both the present and newly revised versions of the Litter, Weeds and Exotics Ordinance are not fully effective vehicles for controlling the exotic plant situation here. A separate ordinance really is needed to target invasive exotics issues specifically. The problem is most acute in areas like Golden Gate Estates. Exemptions of certain areas fi'om exotic removal requirements, and the lack of education and assistance are major difficulties. The unsatisfactory state of maintenance on properties which should be exotics-free, as evidenced in the recent EPTAB/Staff inspections, indicates Collier County needs to improve its follow-up inspection process. Since projects are generally complying at the outset, it seems to fall to Code Compliance to beef up their mon/toring and complaint response procedures, At present, all complaints cannot be acted upon, and no systematic monitoring takes place anywhere. Cun'ent staffing appears to be inadequate for this task, and education and volunteer utilization could offer tremendous help. Because of the great expense of enforcement actions and actual clearing, both public and private local agencies must better educate and involve the citizenry (including themselves) in control efforts. Volunteer programs involving county-wide code-compliance monitoring, removal assistance (technical advice and help, labor, possible financial), and obtaining grant money directed toward these goals should be pursued. While regulatory requirements are necessary, the disproportionately great expense required of single family home owners demands that flexibility plus more incentives and assistance be utilized in eradicating a difficult problem in Collier County. V'L lSlanagement Strategies in Collier Count)' This is "where the rubber meets the road". A summary of control methods currently in use in Collier County will lead to some policy recommendations in this area. Also, considerable attention has been paid to economic utilization of some of these species, especially melaleuca, to help provide incentive to harvest and thereby control their spread. An unfortunately short list of practical options viii be noted below. Controls Available: Exotic plants are currently controlled or managed in one or more of the following ways: !) biolog/cal control, :2) mechanical control, 3) physical control, or 4) herbicidal consol Ovid. Mgmt. Plan). more plants because the flowers are consumed. Bio-control is still very much in the dc for Florida's most troublesome species, but it is probably the most important in the Ion Biological control involves the use of natural enemies of the targeted species, including insects, pathogens and other host-specific herbivorous organisms. Without bio-controls, it is difficult to see how well-established species like melaleuca and Brazilian pepper could ever be subdued. There are too many acres of them. For example, Ted Center ofthe US Department ofAgriculture (USDA) research center in Ft. Lauderd~le reports that an insect will be released before 1997 which devours new growths on melaleuca. This insect comes fi'om Australia and is the result ofresearch efforts at the USDA's laboratory there. Because it only eats new shoots, it will not kill host trees, but it will slow the spread of FEB 1 8 1997 emphasized that every effort be made to ensure any bio-control a~ent does not produce another exotics invasion problem. In spite oftha! risk, there is a critical need for belier research facilities, in particular for quarantine operations, and for dedicated funding of USDA's Australian research station. Mechanical controls are those which "harvest" the plant by hand tools or machinery. This method can be very effective when used with at least one other control - especially herbicidal follow-up. Except wher~ commercial scale harvesting is involved, this method is limited in effectiveness to small, emergent areas of infestation. Physical controls refer to manipulating environmental conditions such as water levers and fire to stress a plant until it either dies or is vulnerable to other txeatments. This is now being used extensively in the Big Cypress National Preserve with success. Fire is introduced at the proper time of year after either mechanical or herbicidal treatment induces a ~ed release, thus killing both mature and .~eedling melaleucas. This method has limited application because of the need for large areas, and proper liming of flooding or fire is very difficult. Herbicidal control indicates the use of chemicals manufactured to kill the plant through a variety of treatment regimens and application methods. Research has provided a great deal of information on the best methods to apply herbicides to various target weeds. Care must be taken during application to avoid impacting the native vegetation adjacent to treatment areas. With these data and field experience, it should be easier to plan the best management practices for all pest control situations. Herbicides are best used before a species is rampantly out of control. Because its greatest invasive threat comes from widely distributed sporadic outliers and not dense monocultures, labor intensive single tree treatment with herbicides is the preferred control of melaleuca where it is found as individual outliers because it does not affect native vegetation nearby and is very effective on target plants. Brazilian pepper is best managed by foliar treatments, or mechanical removal followed by herbicide treatment Australian pine is most effectively controlled by single tree girdling and painting with herbicide. Aquatic exotics are currently controlled mostly with herbicidal applications. Ali treatment operations require vigilant follow-up to ensure long term effectiveness. In all cases, the greatest expense involved in controlling exotics is the labor cost This is why ultimately some form of broad area, perpetual treatment will be required for control of well-rooted species like melaleuca and Brazilian pepper. That treatment is biological control. Utilization and Exploitation Over the years, very serious attempts have been made to discover economic uses for some of these weeds, in particular melaleuca. While many uses have been identified, only a couple are feasible. Melaleuca is now being successfully marketed as a landscape mulch, with one company in Ft. Myer~ doing about $6 million of business each year selling this product nationally. As with any mulch, a seed kill must be effected, to avoid exacerbating the spread of viable seeds, by maintaining a high temperature while composting There is also a strong potential use for melaleuca as a fuel for power generation. The hardwood core of melaleuca is suitable for tomato stakes and could be used for shipping pallets. Unfortunately, Florida's 3,~elaleuca quinquenervia is not an acceptable source of medicinal teatree oil, which comes from M. ahernafolia. Brazilian pepper is only useful as a mulch. 9 FEB 1 8 1997 Local Aquatic Weed Control Efforts Bruce McNall, of the County Stormwater Management Del~ is systematically spraying herbicides and cutting back ali ~row~h along all canals which are in the county's maintenance respons~ility (about 278 miles). This targets both terrestrial species as well as aquatic, including Brazilian pepper, downy rosemyrtle, Aus~lian pine, melaleuca, water hyacinth, hydrilla, ~d lorpedo grass. The program Ires been motivated chiefly by the need for unimpeded flood control fuigfions ofthese canals, and the results thus far appear positive. One note of caution is that herbicidal control ofaquatic weeds in our canals, where the exotics problem is the worst, can cause trouble if the volume of plant material is so great that their death creates a large fish kill. Appropriate use of mechanical harvesting and adjusting tN: flrequency of spraying can minimize this haTard. An interesting recent development is the use ora type of carp by the South Horida Water Management District lo help control invasive aquatics. Management Summary There is hope of developing better control methods such as biological controls in the near future, and Collier County should support this research in every way possible. Also, tests are continuing on the use of broadcast foliar herbicidal treatments which ,,,,'ill be environmentally benign and more economical. Success requires technical and economical feas~ility, as well as health, safet7 and ecological assurances. In the meantime, battles must be chosen appropriately with the short-term tools currently at hand- herbicidal, mechanical and physical methods. Continuous coordination and dialogue amongst all agencies and entities responsible for exotic weed control is a critical factor in both the development and implementalion of the best comprehensive control strategies. This includes the effective dissemination of this informa~on, along with providing ali the economic incentives possible, to individual homeowners and businesses out there doing it themselves. Management is achieved through both prevention and cure. Thus w~ must not only control species already escaped from cultivation, but recognize the dangers fi'om all potentially invasive exotics. History and the present condition of the natural landscape prove this has not been done well in the past. VIL CONCLUSION AND RECOMbLENDATIONS Collier County has not been spared the onslaught ora literal army ofinvasive exotic plants quickly spreading throughout the entire state of Florida. These plants, most notably including melaleuca, Brazilian pepper and Australian pine (although the list goes on to a minimum of 116 species), threaten the health, safety and economic well-being ofour citizens, and are exacting a humbling toll on every one of our unique natural ecosystems. The Count~ has many of the basic tools it needs to combat these intruders, but it lacks much oftbe awareness and public education required for a truly cooperative effort from all of its citizen,'. such cooperation and knowledge are requirements for mounting any credible campaign to c pervasive problem. Complacency will only result in further degradation and expense in the While the bulk of the acreage is being addressed by state and federal agencies, there is still 10 )ntrol i0i~.~r,~j long run. HqzE~a~ 8 1997 task left to the local level. Recognizing the dispersal threat posed by small colonies of outlier invasive plants, and the.health and safety hazards of large stands of exotics brings urgency to our eft'om to control exotics everywhere we have jurisdiction. Following are the details of EPTAB's recommendations on combating invasive exotic plants in Collier County. Please also see a grouping of these same recommendations by relative general budget impacts in Appendix E. l. Coordinatio_~n should occur with all entities working on this problem: USDA, SFWMD, Lee County, Dade County, restoration efforts for the Everglades, the Cooperative Extension Service and the Univ. of Florida/IFAS, the National Park Service and all South Florida units - especially the Big Cypress National Preserve and Everglades Natioeal Park, USACOE, environmental organizations and other private entities, and the Exotic Pest Plant Council (Collier County should become a member of this non-profit group). 2. ~ research efro.___..~m through either direct contributions of county staff.time and/or money, or through political lobbying on behalf of other entities working on the issue. In particular, the USDA's research station in Australia currently needs dedicated funding of approximately $2$0,000/year. Also, there is a strong need for a large quarantine facility here in South Florida to make bio-control research possible. While Congress has approved the concept ofsuch a facility, they did not fund it. The government, private organizations and citizens of Collier County should lobby for the appropriation of these funds (total of approximately $4 million for an already designed'~ac/lity). It may be very prudent to link such a facility with the new Florida Gulf Coast University and this possibility should be explored. 3. ~enforcemen._.__!t of all regulations aimed at controlling exotics here in Collier County. This includes the following: a. Collect on foreclosed liened properties on weed violations and put that money in the code enforcement budget, not the general budget. b. Improve the inspect/on system so that there are bener un/form records of engineering inspections for exotics. (This has recently been brought to senior management's anention and is being pursued). c. Public inspection records need to be better organized and accessible to all, including the public and all staff. (This, also, has recently been brought to senior management's anention and is likewise being pursued). d. Clarify and ensure that exotics management plans get incorporated into homeowners' associations charters when they assume public area responsibilities from the developer. e. Improve follow-up inspect/on process for code enforcement, utilizing both volunteers and staff' as necessary. f. Engage more code enforcement personnel and volunteers to allow for monitoring the entire county systematically, not only on a complaint basis. 4. Public education is essential. We must shoxv our population how to recognize exotics, and make them aware of the dangers and expense they can cause, as well as how best to get rid of them. EPTAB supports mounting a campaign to familiarize all with ordinances, eradication methods and options, sources for assistance, identification, etc. ne specifics of our education recommendations follow: a. Real estate value "exotics impact disclosure" should be/ncluded in all real estate transactions. b. A clear exotics information brochure, with line drawings of the prohibited species/n the County, should be developed and mailed to all and made widely available. Also c, · ' FEB I 8 1997 P~. ~ ordinances, eradication methods available, and sources/'or assistance. Coordination with the Exotic Pest ?lant Council (EP?C) and/or other entities would be most efficient. c. Training sessions should be conducted for, and required of', all commercial nursery and landscaping operations in Collier County. These ought to be coordinated with other agency staffs. The focus should be on reducing or eliminating invasive exotics usage (the EPPC category I list) as well as cultivating another information source for the punic. d. All homeowners' associations and/or homeowners who are assuming PUD phase management responsibilities (upon the County's final acceptance of the developer's executed duties) should be given orientation sessions on the specifics of those respomfbilides, including maintenance of exotic.free public areas and conservation areas. This should be done just before the actual final acceptance is given to the developer in order to otter the homeowners an informed inspection opportunity. e. Establish an Exotics Control Hotline phone number to call to help all businesses and residents with any aspect of'the issue. TN's should be a joint project with the Cooperative Extension Service and the EPPC. 5. _Volunteer help needed. Every eft'on should be made to encourage volunteer help with any reasonable aspect of exotics control, from county.wide clearing projects to follow, up monitoring assistance (organized "complaint" system of monitoring). Naples "Melaleuca Day" and the Briggs Nature Center volunteer eradication programs are examples ofefTective volunteer efforts. This also provides great educational value. 6. Utilization of"harvest" and other incentives or removal must be encour . · has been demonstrated to be eCG ,~;,.o,,, r,....t, ....... aged Melaleuca m particular no ........ 2, ,~,..,,u,c ~o harvest ~or making landscape mulch. This reduces the cost of'removal and provides incentive as well. Other uses should be pm'sued as research makes them available, and economic incentives to eradicate, apart from or in addition to regulatory requirements, must be provided for private landowners. This is especially important in older developed areas where. exotics removal was not inilially required. a. Subsidized tipping fees for exotics debris. To help implement INs, make it a condilion of the any contracts subsequently issued or renewed v,'ith both the landfill operator and the mulching contraclor. b. Tax credits for voluntary clearing and maintenance ofprivate property. c. Encourage melaleuca mulch (which is readily available both commercially and produced witl'dn a vegetative debris mix at the County's own mulching operations) on private property and on all public projects. d. Consider r~guiring a percentage ofexotics removal anytime a property changes hands. (Allowing the presence of exotics to figure in real estate market value provides incentive to remove.) e. Con.sider adding the EPPC:'s 30 or so Category I h'st ofmost invasive weeds !o the county's landscape l:n'okibition list, or even the removal list, in the land Development Code. f.. Establish a homeowner ass/stance program, especially for residents of Golden Gate Estates to help either financially or teclmically with exotics removal. At the same time, do not exempt such areas fi'om exotics prohibitions (such as presently found in the Litter, Weed and Exotics Ordinance.) 7. _Collier County must aum'essively remove exotic.:, and maintain its own properties as an example, ifnot to conform with its own regulations. - 8. _Actively seek Funding source,:, for eradication efforts. This includes application for gTants from all sources, and solicitation of labOr-assistance, either throu inte research proiects or throu,,t, .... -:~,- ........ gh m programs hke Am}rico~[84,,,, · , , r~, ~,uu,~m volunteers La ~ t)or costs are the N , · 'ggest expen.·/n er~li~ 12 FEB ! 8 1997 Volunteers should also be used to assist monitoring efforts, as happens now with other code enforcement areas, 9. do ta c~T~'c ordinance, which more effectively addresses problems outside of new construction. In particular, policies must be comprehensive (avoid exemptions) and provide for incentives, options, flexibility, assistance to homeowners and better education on the issues. 10. ]~e-establishmcnt of the f rmer adve lane c mm ni is very important part oferadicafion. This must be given more weight in drafting policies on removal anywhere within the county (i.e. Clam Bay). Post-removal monitoring of vegetative regrowth is an absolute minimum. 11. provide an Exotics Removal F~ to check on all property tax bills which are mailed by the County. All money would be dedicated to education and removal work. A separate Fund could be established, so named, or donations could be directed to the appropriate staff work. It need not (and cannot) take a fortune to effectively accomplish much in the elimination ofthis very serious Collier County health and environmental hazard. While a tremendous amount can be accomplished at very minimal extra expense, it will, however, require dedication and commtmity, wide support. In such a naturally rich area as Collier County, there are many environmental, social and economic issues which demand our attention. Without lessening the importance ofany ofthese, EPTAB feels control of our invasive exotic plant problems is worthy of our community's most sincere efforts. Many of the above recommendations have very minimal budget requirements (please see Appendix E on relative budget comparisons) and emphasize policy initiatives on the part of local government. These should be implemented immediately. Many of those items which carry a more substantial monetary cost · are excellent candidates for funding from outside sources, such as federal, state and private grants, and through cooperative work whh other agencies and entities working on exotics in Collier County. Whenever possible, resources should be combined and expertise and labor shared with the Exotic Pest Plant Council, the South Florida Water Management District, Lee County, Dade County, the Cooperative Extension Service, US Department ot'Agriculture, the National Park Service, FL Department of Environmental Protection, the Army Corps of Engineers and the many private organizations and citizens who devote their efforts to exotics issues (Native Plant Society, Collier County Audubon Society, Florida Wildlife Ferderation, the Conservancy, homeowners associations, and other civic groups). Of all the recommendations, it is most critical that citizens, businesses and government leaders be educated to recognize the worst invasive exotic plants, what problems they cause, and learn how they may be most effectively controlled. This will provide the essential community foundation and impetus to enforce and implement the necessary tools for economical and comprehensive exotics control. 13 FEB 1 8 1997 Pi. ~ REFERENCES Center, Ted D., J. H. Frank, and F. A. Dray. "Biological Invasions: Stemming the Tide in Florida." ~ March, 1995, 78(1): 45-55. Diamond, C., Davis, D., and Schmitz, D.C. "Economic Impact Statement: The Addition of Melaleuca Quinquenervia to the Florida Prohibited Aquatic Plant List." (Technical Report NPS/NREVER/NRTR.91/06), in: Proceedings; of the Symposium on Exotic Pest Plants. November 2..4, 1988, University of Miami, Rosenstiel School of Marine and Atmospheric Science, pp. 87-110. Exotic Pest Plant Council. "1995 List of Florida's Most Invasive Species." March 16, 1995. 't/al Re rt ofthe overnor's Commi io /~ r tainable u Florida. by Richard Petdgrew, Chairman. Coral Gables, FL. October I, 1995, pp. 78-82. Laroche, Francois B., ed. elaleuca Maria ement Plan for Flor/da: Recommendations from the Melaleuca Task Frce of the Exoti e t Plant uncil. Apr/l, 1994, Second Edition. Morton, Julia. "Brazilian Pepper -. Its impact on People, Animals and the Environment." Economi~ ot.~3.~1978.32 (4): 353-359. - Plunkett, C. "Jacksonville Manages the Melaleuca Menace." En~,/neer Updat~ 1994. 18 (4): 5. University of Flor/da. IFAS Circular 868. 14 FEB 1 $1997 APPENDIX A Exotic Pest Plant Council Category I and H list of Most l. nvasive Exotic Plants. AG[ND/,, FEB 18 1997 1 16 M~. 1995 EXOTIC PEST PI~NT COUNCIL'S 1995 LIST OF FLORIDA'S MOST INVASIVE SPECIES~ PURPOSE: To locus attention ~: 1). the impacts exotic pest plants have on biodiversitg' inhcrcnt in,impacted systems; 2). the impact ol'exo6c plants on the integrity;of native pl~t .communi .ti: com. po?ition and I'unction;.3). ImEmt losses du~ to exotic plant ~rffestatims; 4). the . ~mpac:ts o/exouF plants on. endangered si:coles primarily due to habitat Ices and ',d~emti~ (e.g.,' Cape Sable .se~de span'ow); 5). the need to prevent habitat loss and alteration ~ cbmprehensive management lot exotic pest plants; 6). the socioeconomic impacts of exotic pe~st plants (e.g., incr .ea.?..d wikt~re intensiry and frequency in M¢/a/~uca).; 7). changes in the seriousness of pest plants and ~ indicate whkh are ~e worst problems: and 8). informing and educating resource managers atx:~ut which'spedes deserve to be monitor~, and to help managers set priorities for management. ~ .... Calegory l--Spedea tha~ ate ~x:xoacl~ng on and dim.,ptlng naxiv~ plant corrtmunltie~ in FIofida~ Thi~ defim'n;on does not re/)' on the econarnJc severity o/the problem and tAe teotroplu'c area covered, b~t t.l~ proven damage cca~td. . . Ca~egor7 ll--Sgedes that bavc shown a gotm~al to iatrudc on and dh~-up~ a.~vc plant commua~t~. ~he~e %c~e~ie x have a real pot~tla/ to becornt carego~. / tar&ed, bdt haze not ).e~ im~led natural Flor~la " cam~nunitie$. Abna precatoHus (rosa~' pea) Acacia auriculiforrrds (ca, ear acacia) Ardisia crenalata (=A. crena:a) (coral ardisia) Ardisia ellipt~ca (=A. humilis) (shocbutton ardi$ia) Asparagus den.dflorus (asparagus fern) Bischofia ja~'anica (bischofia) Brachiaria mu/ica (Pa~ grass) Calophyllum calaba (=C. inophyllum of authors} (mast wood. Alexa~rian la:urd) Cassia coluteoides (=Senna pendula) (climbing cassia., Christmas cassia, Christmas senna) Casuarina tquisetifotia (:C. litarta) (Australian pine) Casuarina gtauca (suckering Australian pine) Cestrum diumum (day jasmine) Cinnamomum camphora (camphor-trce) Cotocasia esculenla (taro) Colubrina ask:fica (lather leaf) Cupaniopsis anacardioldes (carconvood) Dioscorea bulblfera (air.potato) Eichl, ornla cras~qpes (water hyacinth) Eugenia urdflora (Surinam cherry) Ficus rdcrocarpa (=F. nitida; =F. retusa var. ntt/da) (laurel fig) H)drilla verffcillata (hydrilla) Hygrophila polysperma (green hygro) CAIE..Cg~Y 14 Is Is ls ]9 lit3' Iil I13 114 lis its ' 117 l.pl9 ! :o 1 -PS FEB ! 8 (997 t /'="' 16 Mar. 1995 ~e~ ~ (wa~r spinach) J~zinum dic~to.~ (~d C~t j~mine) Jasminum flumi~e ~mine) ~ ~ (1~) ~ctra~ca (Ja~e~ honeysucUe) Lygodiumjapo~cum (Ja~ climbing Lygodium ndcrvphyll~ (Old W~d climbing acf 'e ( Cs claw) Mi~sa pigr~ (~law mime) · Ntphroltp~s cor~folia (sword Oect~s ~a ~r~nd orchid) P~daf~ (skunk s~ne) Ptn~stmmpu~urt~ (Napier ~s) P~'a ~ra~otgs (water Ieee) Psidi~ ~.~ (g~va) Psidi~ linor~ (=P. c~ld~O (s~w~' guava) P~r~a ~ (=P. l~a) (k~zu) R~dom)'rt~ ~o~o~ (downy myrtle) . ~o x~t~ (=R. disc~lor) (oyster plant) $~pium seb~m (~ ~ee, Chin~ ~Iow tree) (~evoI~ h~f-~ower, ~ach nau~) $chin~ t~rtbin~hifoli~ (B~li~ ~r) ~ganu~ t~'~ (turkey ~') 5ol~m via~m (~o~ ~ apple) $?'~'gium cumini ~l~, Java plum) T~ ~ (in~ ~rd fe~) Tr~sc~a~i~is (w~te-Hower~ w~deHng jew) Adenanthera paronina (red sandlewood) Agave sisalana (sisal hemp.) AlbiSa julibfi'ss~n (mimosa) Albizia lebbeck (woman's tongue) Aleuritesfordii (tung oil tree) Abtorda n~rophylla (devil-tree) A#ernanthera philo.~eroides (alligator weed) · Antigonon teptopus (coral vine) Ari.nolochia littoralis (calico flower) ! 24 Z 2'7 l [ 29 1 3o I-P I-P,N ~ 1 4o 1.~ I-P !$1 ! 52 1 53 I $$ 1 57 158 1 $9 TOTAL CATEGORY I--60 Ii eo II ~ II ~4 II-P ~ II 6~ Page 2. Mar. 1995 A.D'stazia gangetica (Ganges pfimrc~) !I 69 Bautu'nia ~riegcaa (~hid ~) It Bro~a ~'r~era ~r mul~') !! C~l~iaf~gr~ (inch plant, s~e~) ii C~ c~ng~d~ (A~i~ ~) il Cere~ u~t~ (night-bl~ing ~re~) ii Coptosteg~ ~g~ade~ (mb~r sSm) II ~t~rgia sa~ (Indi~ d~rgia, si~) 11 Enterolobi~ co~onisliquum (~.~ ~) II Epipre~ pi~t~ ~'. Aureum (~) I1 EucM)pt~ c~Mule~ (Mu~y ~ g~) I1 Fic~ altissi~ (f~ ~} il Fic~ ~ng~le~ (~ng~ fid il Fi~ ~n~d~ (w~ng fig) il Fic~ religio~ (~ ~) II ~~ i~'~ (governors ~um) II Fl~gea virom (fluegg~) !I Hibisc~ ~l~ce~ (m~) !I H)ptage ~n~te~is (hypm~e) II ffasmi~m s~c (Am~ j~mi~) !1 ~ot[~tutt~ tlt~ (gol~n shower t~) Ii ~ ~ep~ (1~ u~) !i HR~tr~ja~cum (J~e~ privet) 11 H~r~m lucidum (C~ privet) II Merits mi~;~ora (mol~ $~s) II Me~a ~o~ (w~-r~) II M.~G'a ~m (~ge-~mi~) II M)~oph)'llum spic.urn (Eu~ s'ater-milfoil) II-P Nephrolepis mut~flora (Asi~ sword fern) It Oc~osia ~ra (:0. etlip~ca) (ko. ia) II P~ cr~i~ (skunk vine, onion vine) II P~florafoeti~ (stin~ng ~sion-flowe0 II 10~ Pittospomm pe~a~mm (pi~mm) II Pinos~ ;obira (Japne~ pi~m, piuos~mm) !I R¥~htlfl~m rtpt~ (Na~ ~s) ii ~,ieHa h)~cintho~e$ (=S. ~f~ciata) (~wstfing hemp) II Solan~ diFhytlum (twid~ ~gh~) !I S)'n~oni~ p~ophyltum (~ he~ vi ne) II Sy~Rium j~os (r~-apple) II 10s Ten~ c~ (~pi~ dm~d) !1 THbul~ cistoi~s (puncture vine) II !I0 Tdp~ ~f0liam (lime ~') II Ure~ ~ (~e~'s w~d) 11 WMe~a m'l~a (w~elia) II TOTAL CATEGORY'II~ TOTAL = 116 AGENDA ITeM NO. ~ FEB 1 8 ?997 APPENDIX B Collier County Exotics Regulations and Ordinances FEB 1 8 1997 FEB :!. 8 1997 oo FEB 1 8 1997 PI. ~ FEE) 1 0 1997 EPTAB/Staff inspections o]' Public Projects A G EI~)A ITEM FEB 1 8 1997 ' FEB 1 8 1997 APPENDIX D EPTAB/Staff Inspections of Private Projects AOEN. J~ FEB 1 8 FEB ! 8 1997 0 o L~ FEB 1 8 1997 Z HO. ~ FEB 1 8 1997 AG£~U~,~ I.TI~ M. FEB ~. 8 1991 APPENDIX E Cost Prioritization of Specific Recommendations Specific Recommendations Which Require Little or No Additional FundinR or Are Policy Initiatives Qnly; 1. Coordination of ctTorts with other entities working on invasivc exotics. 2. Assist any research efforts through either dh'cci contributions ofstafftime or money, or through poli!i.c.a.1 lobbying on b.eM..lf ofot. h~r !:n~i~;ics t~oing r.es.~.argh. A bio-!:ont, rol lt..~, ran~in~ f~¢ility is ~ high priority. .3 .a . .C g l ! .e .c .t 9.n. fp.r.eglO.S.e.d ]j.e~.d p.rgpe~j.e.s 9.n.w.e.e.d vj.'ol.a.tjg..rks., p.u.R.i_n.g ..m. 9..n~. y i_n..e.x.9.tj.c.s .c~.e enforcement. 3b. Improve the inspection system to achieve uniform and computerized tracking of all inspections. (Already addressed to senior management). 3c. Public inspection records need to be better organized and accessible to all. (Addressed to senior management). 3d. Clarify and ensure tha{ exotics management plans get incorporated into homeov,'ners' associations charters when responsibilities are transferred from the developer. 4a. Real estate value "exotics impact disclosure" should be included in all real estate transactions. 6c. Encourage melaleuca mulch on both private and public landscaping projects. 11. Provide an Exotics Removal Fund Donation Box to check on all property tax bills, to benefit education and eradication. Specific Recommendations Which Require Moderate Budgetary Investment: 3e. Improve the currently non.existent follow-up inspection process for code enforcement, utilizing both volunteers and staff(also could be a larger investment, depending on percentage ofvolunteerism). 4b. Produce and distribute a clear exolics information brochure. (Also coordinate with other entities). 4c Conduct exotics reduction training sessions for all commercial nurseD' and landscaping operations in Collier County. This should also be coordinated with entities. 4d. Orientation sessions for all homeowners' associations and others assuming exotics management responsibilities. 4e. Establish an Exotics Control Hotline phone number to call for all businesses and residents. Coordinate Ibis with EPPC and Cooperative Extension Service. 5. Utilize volunteer help in every way reasonable: county-wide exotics clearing days, folio,v-up exotics code enforcement monitoring assistance, educational docents, etc. 6a. Subsidize landfill (mulching) tipping fees for exotics debris. g. Actively seek funding sources for eradication efforts, including gra6ts, solicitation of labor help from interns and volunteers, or other public funds. Specific Recommendations Which Require More Significant Budgetary Investment; 3e. Improve follow-up inspection system for code enforcement efforts, using bot (budget depending on degree ofvolunteerism). FEB 1 8 1997 3['. Engalle more code enforcement personnel and volunteers to allow systematic monitoring. 6b. Offer local tax credits t'or voluntary clearing and maintenance of private property. 6d. Consider requiring a percentage of exotics removal anytime a property changes hands (allows for market incentives to remove). 6e. Consider adding the E?PC's :30 or so Category I list of most invasive plants to ',he County's prohibition list in the LDC. 6f. Establish a homeowner assistance program, especially for Golden Gate Estates, to help either financially or technically with exotics removal. Also, do not exempt such areas from exotics proh~itions. 7. Collier County must set the example ofremoving exotics on its own properties. 9. Adopt a specific exotics ordinance to address problems implementing comprehensive county-wide control of exotics. Should avoid exemptions, provide for incentives, options, flexibility and assistance and educatio~ to homeowners and businesses. 10. Re-establishment of the native plant communities should be given more weight in exotics removal policies throu~out the County (such as in Clam Bay). ~S_lpecific Recommendations Which Ma BestBe GO rativel r rant unded: 1. Coordination. 2. Research assistance. 3e. Improvement of follow-up code enforcement inspection. 3f. Engage more Ixrsonnel, both staff and volunteers, to allow for code enforcement monitoring. 4b. Exotics educational brochure. 4c. Exotics training sessions for nursery and landscape businesses. 4e. Exotics Control Hotline. 6e. Add EPPC's 30 Category I plants to Collier's prohibited list. 6f Homeowner assistance program. 9. Adopt a specific exotics ordinance. 10. Re-establishment of the former native plant community after exotics removal. FEB 1 8 1991 ~l~_~: To appoint 3 members, plus 2 alternates to serve 3 year terms, expiring on February 14, 2000, on the cur~nt Collier County Code Enforcement Board and 7 members, plus 2 alternates to the newly established Collier County Code Enforcement Board. ~: The Collier County Code Enforc~nent Board has 3 terms expiring on February 14, 1997. This 7 mc~nber board is composed of, but not limit~ to, individuals representing the occupations of architect, businessman, engine-x, general contractor, subcontractor and Realtor and ar~ considered, in part, on the basis of experlence or interest in the areas of the codes and ordinances to be enforced. Members are m:luixed to file a Form 1 Statement of Financial Interest each year with the Supervisor of Elections. Terms are 3 years. A list of the current mcmbersh¥ is included in the backup. The terms for Jean Rawson (Attorney/Business), Mireya Louvier~ (Business), and Louis F. Laforet (Engineer) will expire on February 14, 1997. A press rcleas~ was issued for vacancies on both boards and resumes were received from the following 17 interested citizens: Mireya Louviere (re-appt.) Louis F. Laforet (re-appt.) Business 3 yes Engineer I yes Joseph Iuliano Realtor I yes Randy E. Merrill Attorney 4 yes Lynn Bradeen Realtor I yes James E. Lavinski Contractor I yes Rhona E. Saunders Business Consultant 4 yes Fred Mueller Realtor 2 yes Humbert L. Gressani Contractor I yes Lewis P. Oxley Realtor 1 yes Linda GritTan Business Consultant I yes Robert K. Lockhart Civil Engineer 4 yes Maurice DeVito Police Administration 5 yes George P. Ponte Retired CBS Employee I yes Guy P. Adams Surveyor/Mapping 5 yes Diane Taylor Civic Involvement 5 yes Lynn Bradeen Construction Business I yes ~: This is a quasi judicial board and, ti recommendations are not accepted. ~: NONE ~: NONE FEB 1 8 1997 RECOMMENDATION: That the Board of County Comm~'ionen consider the requests for appointment; appoint 3 members to 3 year terms on the current Code F. nf'orcement Board, plus 2 alternates; appoint 7 members to the new Code Bnforcement Bosrd, plus 2 alternates; and, direct the County attorney m prepare a resolution coni~rmlnj the ~l~o/ll~Ilcllt~. Prepared By: Sue Filson Date: February 18, 1997 ilo.__/r,,/ .. FEB 1 8 1997 MEMORANDUM RECEIVED FEB 5 1997 Board of Countl Co~tsstoner's DATE: TO: FROM: February 5, 1997 Sue Filson, Admixfi~tive Assistant Board of County Commissioners L~da Sullivan ~_. Code Enforcement Director Candidates for appointment to the Code Enforcement Board Listed below are the individuals who meet the specific experience criteria set out in Sec. 5 (3) of the Code Enforcement Board Ordinance: Robert K. Lockhan Guy P. Adams Lynn Bradeen Civil Engineer Surveyor/Mapping Construct/on Business Listed below are other individuals who do not meet the specific exp~'ience criteria of the Code Enforcement Board Ordinance but have expressed interest in Code Enforcement issues and would like to se~e on the Board. Linda GriiTm Maur/ce DeVito George P. Ponte Diane Taylor Business Consultant Police Administration Refir,xl Former CBS Employee Resident, Civilly/Involved AGE ND~A~I T~." FEB 1 8 1997 MEMORANDUM DATE: January 27. 1997 TO: FROM: Sue Filson, Administrative Assistant Board of County Commissioners Maria Cruz (/~'~' Code Enforc'~9~nt Specialist RE: Candidates for appointment to the Code Enforcement Board Listed below are the individuals who submitted resumes for consideration in serving on the Code Enforcement Board: NAME CATEGORY Joseph Juliano Randy E. Merrill Lynn Bradeen James E. Lavinski Rhona E. Saunders Mireya Louviere Fred Mueller ~umbert L. Gressani Lewis P. Oxley Louis Laforet Realtor Attorney Realtor Contractor Business Consultant Business Realtor Contractor Realtor Engineer These meet the general classification requirements of the Code Enforcement Board ordinance. Please advise if we may be of further assistance. AGE ND~,.,I T_F,~4 Ho. /Z,' FF FEB 18 1997 Pg. ~ IViEMORANDUM DATE: TO: FROM: February 3, 1997 /~0 Vinell Hills, Elections Office Sue Filson, Adminisu~tive Assista~ Board of County Commissioners RE: Voter Registration - Advisory Board Appointments The Board of County Commissioners will soon consider the following individuals for appointment to one of the county's advisory committees. Please let me know if those listed below are registered voters in Collier County. Also, please list thc commission district ha which each applicant resides. CODE ENFORCEMENT BOARD Linda Grifr-m .~'.~ 7 7 ~,~ 4433 E. Alhambra Circle Naples, FL 34103 Robert K. Lockhart 1361 Lake Shore Drive Naples, FL 34103 Maurice DeVito 64 Chardon Place Naples, FL 34110 COMMISSION DISTRICT / George P. Ponte 565 Augusta Boulevard Naples, FL 34113 Guy P. Adams 3630 11~' Avenue, S.W. Naples, FL 34117 Diane Taylor 3760 Golden Gate Blvd. E. Naples, FL 34120 Lynn Bradeen 1298 Orange Court Marco Island, FL 34145 Thank you for your help. AGENDb 3TAM NO ..~~. MEMORANDUM DATE: TO: FROM: December 30, 1996 Vinell Hills, Elections Office & Sue Filson, Administrative Assistant~,~. Board of Cotmty Commissioners '<"-/' JAN 2 8oard of County RE: Voter Registration - Advisory Board Appointments Thc Board of County Commissioners will soon consider the foUowing individuals for appointment to one of the county's advisory commiRees. Please let me know if those listed below are registered voters in Collier County. Also, please list the commission district in which each applicant re. sides. CODE ENFORCEMENTBOARD COMMISSION DISTRICT Joseph Iuliano ,./ / 475 Echo Cixclc /'~---~ Marco Island, FL 34145 Randy E. Merrill 5140 Crayton Place, South Naples, FL 34103 Lynn Bradeen 1298 Orange Court Marco Island, FL 34145 James E. Lavinski 121 Versailles Circle Naples, FL 34112 Rhona E. Saunders 3770 Parkvicw Way Naples, FL 34103-2737 Mireya Louviere 5780 10~ Avenue, S.W. Naples, FL 34116 Fred Mueller 765 Willow Brook Drive, #1501 Naples, FL 34108 AGENDA ITEM .o. /Of FEB 18 1997 Pg. //9 CODE ENFORCE~BOARD Sumbert L. Gr~s~ 3225 Duchess Dz'ive ,z~ o,.v~.~. Naples, FL 34112 / Lewis P. Oxley ~Tamiami Trail, S., Lot #217 Naples, FL 34114 Louis F. Laforet 272 Forest Hills Boulevard Naples, FL 34113 Thank you for your help. y COM2~SSION DISTRICt' / AGENDA_!TEH NO FEB 18 1997 Pg._ ~ Collier County Code Enforcement Board Charles M. Andrews 5960 Cypress Hollow Way Naples, FL 34109 District: 3 Category: Realtor Richard Healey McCormick 725 109th Avenue, N. Naples, FL 34108 District: 2 Category: £ng~¢er leaa Kawson 530 Neapolitaa Way Naples, FL 34103 District: 2 Category: Attorney/Business M~ya Louvi~'~ 5780 10th Avenue, S.W. N'aples, FL 34116 District: 2 Category: Business Louis F. Lafor~t 272 For~ ~Ils Boulevard Naples, FL 34113 District: 1 Category: £ng~¢er James D. A~len, 116 I-I~roa Avenue Naples, FL .34108 District: 2 Category: C~neral Contractor Celial Ellen Dei~: 9138 Winter View Drive Naples, FL 34109 Distn'ct: 3 Category: Attoraey 543-2404 04/18/95 02/14/98 263-8357 06/30/92 02/I4/94 262-3010 2/I/94 02/14/97 07/19/94 02/14/97 353-4~3a 02/01/94 02/I4/97 775-5818 643-4600 03116/93 02/14/96 793-6893 2/6/96 02/14/99 434-7700 04/18/9:$ 02/14,/98 3 Y~a's 2 Years 3 Years 3 Years Years 3 Yeas 3 Years 3 Yeazs Fn'da~. 996 FEB 18 1997 Collier County Code Enforcement Board · 'ork P~on~ Appt'd Exp. Da:~ Ttrm ffomt Phont Dal~e-appt 2ndExpDa~ 2nd ~'trm This 7 member board was created pursuant to Chapter 162 of the FL Stat. by Ordinance 88-89 and is composed of, but not limited to, individuals mpmssnting the occupations of archit~'t, businessman, engineer, general contractor, subcontractor and Realtor and am considered, in part. on the basis of experience or interest in the areas of the codes and ordinances to be enforced. Members are required to file a Form I Statement of Financial Interest each year wit~ the Supervisor of Elections. Terms are 3 years. This is a Quasi Judicial Board. Staff: Mada Cruz, Code Enforcement Specialist: 643-8455 ,,o:' /D /"/' F£9 18 ~97 Pg' 7 -- DATE: TO: FROM: December 30, 1996 Maria Cruz, Code F.,~orcement Sl~ci~li~ Sue Fiison, Admini=~ve Assist~t./] - ' Board of County Commiss~oner~ Collier County Code E~oreeme~t Board As you know, we currently have vacancies on the above-referenced advisory committee. A press release was issued requesting citizens interested in serving on this committee to submit a resume for consideration. I have attached the resumes received for your r~'iew as follows: Joseph Iuliano 475 Echo Circle Marco Island, FL 34145 Randy E. Merrill 5140 Crayton Place, South Naples, FL 34103 Lynn Bradeen 1298 Orange Court Marco Island, FL 34145 James E. Lavinski 121 Versailles Circle l~laples, FL 34112 Rhona E. Saunders 3770 Parkview Way Naples, FL 34103-2737 Mireya Louviere 5780 I0a' Avenue, S.W. Naples, FL 34116 Fred Mueller 765 Willow Brook Drive, #1501 Naples, FL 34108 Sumbert L. C-ressani 3225 Duchess Drive Naples, FL 34112 AGEND~ NO FEI) 18 1997 Lewis P. Oxley 15554500 Tamiami Trail, £., Lot #217 Naples, FL 34114 Louis F. Laforet 272 Forest Hills Boulevard Naples, FL 34113 Please categorize the applicants in are~ of expertise. If you have any questions, please call mc at ?74-8097. Thank you for your attention to this matter. SF Attachments FEB 18 1997 MARCO ISLAND AR£A ASSOCIATION OF DEC 2 7 1996 BOard of Count~ Commissioners ".0 LLIER '.=OL'.'~T'~' CC'DE E:JFC'RCE:.:E:;T BOARD Ple-.,¢ ::n.,,d.-: :.~ mT iornul :¢qu~. t :o be rained :o d:e ne,r C.o~et C:uaw. ::ode E~eecemen: BoJ~J. A.~ 3 Re,'.:o~ P.-..* t ?:ender. t of tke ).btco !:l~nd .%zez .{mmcuao~ or ."~,~to~ znd .m ~."~ve tw~nt 3i Co,et Coun~ io~ :nozr than =..~ .¥¢.,~. I .-n ~¢:.t- much ~w~te md mtet~ted ,- ~e u~e md mt, pi~ot~ o( :he ~ ~ o~c~ ~ Co~r ,:oun~-. t '~ ?u W~ much/or ~out ccm, dc~on AOEND. A~. ~.~M FEB 18 1997 Pa.~ Joseph luliano 475 Echo Circle Marco Island. FL 34145 941/394-3951 Objective Expedence seat on the new Co;her Coun~r' Code Enforcement Bc, ard 977 - Present Marco Island Realtor · More tr. an $I00.C.~0.000 ~n real es2te · =ormer ~,cd<erl Owner of ReaK'/~eo.eves ~ Marco Is~:l · Woe<ecl ,n Res,:lent~l ~ ~l sect~ of · 5/ears on [~arO of C~C;{O~ of I~,e Marco Islar'4 Area Assoc:a~ d Rea~ · Pres~ent oftt~e Marco Islar~ Ar~a As~ of' Realto~ I~-94 · C_.,ha~mn, an cf Legislative Ccxnrr~'~ 19S~-1997. .:.. · Metal:er d F'lorxia Association Realtors arx:l NalXx'el Assoc:aOon ot'Realtc~ · Metal:er of ~ Fkxicla Assoc~x~ of Realtr.,'s I..eg=ta~ve 19T2.1977 Marco Islanct Landscaping & Lawn Maintenance · As .O~vner Operator started ancl Ceve~coecl ~us:ness 1g~-3.1 gT.?. Pr,~iadel~r.:a. PA Floor Covering Ce~t~a~ter · Suc~ied anti ;nstailect 1'4x~ cov~.r~$ .n .ne~v 1 ~56 - !.=5~ United States Marine Cer~; FEB 18 RANDY E. MERRILL, ESQ. RECF_.tVE December 27, 1996 Ms. Sue Filson Boa. rd of County. Commissioners Collier County Administration Building ya Floor 3301 Tamiami Trail, East Naples, Florida 34112 DEC 2 7 1996 BOard of: Count.v Ca~fssfone:s RE: Code Enforcement Board Dear Ms. Filson: Iasn writing you to apply for the opening on the code enforcement board. For the Board's convenience, I have enclosed copies of my resume, communit3' and professiona] activities and bio sheet. My years as an attorney, especially in prosecution have provided me many opportunities to present code enforcement violations to courts and work well with the count3' staff. I would like to continue to serve mv cornmunit3' on the code enforcement board. Your kind attention to this request is very. much appreciated. enclosu£es REM/smf Randy E. Merrill FEB 1 8 1997 SUITE 18. 2430 SHADOWLAWN DRIVE. NAPLES. FLORIDA · 34112 PHONE: 941.775-2000 · FAX: 941-775-795.$ Randy E. Merrill PROFESSIONAL ACTIVITIES AND ACCOMPLISHMENTS · Articles Ed/tor - Flor/da Bar Journal Magaz/ne, Criminal Law Section · Member - Executive Council, Criminal Law Sect/on ofthe Florida Bar · Subcommittee Chair - Rules of Criminal Procedure Committee ofthe Florida Bar · Steering Committee - Rehabilitation and Criminal Justice System Project ofthe Florida Bar · Trial Manual Revision Committee, Florida Bar · Narcotics Practice Subcommittee · Award Recipient ~r Outstanding Work in Criminal Procedure Rules · Admitted to U.S. istrict Court Bars for Middle and Southern District of Flor/da, including Trial Bar · Lecturer for Law Enforcement Training : · Past Member ofthe American Judicature Society .. COMMUNITY ACTIVITIES · Board Member Representing Collier County on Health & Human Services BoarcL District 8, FIRS · Board of Directors of the Child Protection Team of Collier County · Affordable Housing Advisory Board of Collier County, Vice.-chai~' · Juvenile Justice Council · Executive Committee, Collier County Republican Party · Board of Directors of Collier Sports Officials Association, Inc. · Vice President, South Gulf Football Officials Association · Rotary Intemat/onal · Law Day and Mock Trial · Collier 100 Club · Past Member - Optim!st Club. Pop Warner Youth Football Board of Directors · Usher- Sa/nt Will/am s Parish PERSONAL INTERESTS AND ACTIVITIES · Sports Official for Football, Basketball and Baseball - High School & College Levels · Canoeing, Fishing, Reading and Travel AGENg~,-~ I~.EH No. FEB 18 1 B7 RANDY MERRILL After graduating in the top 25 % of his class in law school and receiving academic excellence awards, Randy was admitted to the Flodda Bar in 1983 and began handing felony cases in Dade County. He was specially assigned the responsibility of prosecuting organizecl crime and major narcotics violators. In 1986 he entered private practice for 6 years, where he tried numerous complex civil (representing both plaintiffs and defendants) and criminal cases throughout the southeastern U.S. After moving to Southwest Flodda. he returned to work at the State Attorney's Office. A~though based in Naples, Randy has had special project assignments working in Charlotte, Hendry, and Glades Counties. Since November, 1996 he has returned to pdvate practice. Randy has been appointed to a number of Flodda Bar Committees, including the Cdminal Rules Committee, where he sat as a subcommittee chairman, the Govemment Lawyer Section - Amici Cudae Committee (vice chair), and the steenng committee for the Bar's Rehabilitation and Cdminal Justice System Project. In the past, Randy has sat on the Trial Practice Manual, Narcotics Practice, Cdminal Trial Manual Revision and Legislative Committees. In June 1996, Randy Merrill was honored by Statewide Prosecutor Melanie Hines for "outstanding work" on the Criminal Rules Committee and was further recognized for his continued dedication to the improvement of criminal practice in Florida by his unanimous election to the Executive CouncJI of the Cdminal Law Sect[on of the Florida Bar. He is articJes editor for the Cdminal Law Section for articles published in the Flodda Bar Journal. Randy is a past member of the Flodda Prosecuting Attorneys Association and of the Amedcan Judicature Society. Admitted to the Florida Bar, the United State's District Court Bar Middle Distdct of Flodda. United State's Distdct Court Bar (General and Trial Bars) Southern District of Flodda. and pro hoc vice before the United State's Distdct Court Bars of the Northern District of Flodda. Northern Distdct of Georgia, District of South Carolina and Southern Distdct of Texas. In addition to his professional activities, Randy represents Collier County on the Health and Human Services Board for Distdct 8, HRS, where he chairs a subcommittee on Developmental Services, and on the Juvenile Justice Council, he serves on the Board of Directors of the Child Protection Team of Collier County and vice chaired the Collier Affordable Housing Advisory Board. He lectures on vadous law topics teaching law enforcement officers and law enforcement trainees. He is a past comm~eeman of the Executive Committee of the Collier County Republican Party. Randy Merrill is married to Mary Beth and they have two children. Randy officiates high school football and basketball and college baseball. He is on the Board of Directors of the Collier Sports Officials' Association, vice president of the South Gulf Football Officials Association and has given many hours to volunteer work in youth sport activities. He has worked extensively with children in the Pop Warner Football programs state wide. He ia a current member of Rotary International and past member of Optimist International. AGENDA ~TEH . FEB 18 1997 RANDY F.. MERRILL $140 Crctyton Place. South Napier Flor~d~ $4105 (941) 649-4007 PROFESSION/IL HISTORY PRIVATE PRACTICE Civil and Criminal Trial Practice November, 1996 to present STATE ATTORNEY'S OFFICE, 20th/UDICIAL CIRCUIT A~istant State Attorney - Responsible for prosecution of fdony ca,es in circuit court. Tried 26 cases to j~ury verdict since beginning with office, handged hundreds of other cases through various procedural stages such aa motions, pleas, ele. A,uigned to provide special prosecution and administration to sevend of the branch offices. Succe~fully handled high profile and sensitive makers from capital murder to lesser felonies. Aprtl. 1995 to Nov.. 1996. ' PRIVATE PRACTI~ · · Private practice civil and criminal litigation in state and federal court~. Representative case~ include auto negligence, premh~ liability, product liability, profe~slonal malpractice, family law and dissolution of marriage, felonkn and mi~demeanofl. Reprc~entaflve corporate client~ included Abbott Laboratories, Dade County $~hool Board, White Meta~ Manufacturing Company, Fanjul Corporation and several insurance companies. 1986 to ,4prtl, 1995 STATE ATTORNEY'S OFFICE, I ITH JUDICIAL CIRCUIT Assistant State Attorney responsible for prosecution of fdony cases in circuit court. Speciaqy assigned to prosecute Major Narcotics violaton as part of the Organized Crime Unit 1983 to 1986 POLICE OFFICER - Montgomery County, Madison Township. Ohio and Tipp City, Ohio 1978 to 1982 ED UCA TION JURI$ DOCTOR University of Dayton. Graduated in Top 25% ofclass on accderated pro,ram. Moot Cou~ R~ T~Mng ~t, ~ l~md~ A~ for A~cs. ]u~fi~ O~k for/udge Ed~d ~1. BA~ELOR OF AR~ Loras Colle~e. Oubuque, Iowa A G E ND,~,~ T,~M No._ /~/yry FEB 18 lgg7 1298 Orange Court Marcolsland, FL 34.145 December 27. 1996 Ms. Sue Filson 3301 East Tamiami Trail Third Floor Naples, FL 341 ! 2 De~r Ms, Filson: 1 am requesting consideration for the open seat on ~he Collier County Code Enforcement Board. I am a graduate of.'vlichisan State University with a degree ia POlitical SCience, Business and Economics. I have been the president ora constn~on company tot ~ las~ 30 years. I was Chairman of the Boanl of Zurbrugg Memorial Hospitals in Riverside a~d Willingboro, New Jersey. I wu a member or'the Bom'd of'Directors of the Cooper Hospital in Camden, New Sersey and a board member ot'G~'aduate Health Systems in Philadelphia, Pennsylvania. I was also a member of'the Board ofTrus'tees of a New/ersey coiJege znd a member of the board off:he Burlington County, New Jers~o, Chamber of Commerce. Additionally, I was president o£ the System Builders Association, and I have been involved with many chanties and community help organizations. I am presen'dy a member ofth~ Board of Dir¢c'tors of'the Marco Island CMc Association (MICA) ami Chairman of'the MrCA Architectural Re~,~ew ¢ommhtee. feel confident that I have the qualificztions for this position and I am m~ious to serve my ffyou have any questions or ifI can assis= in am/way, please do not hesitate to contact me at your convenience al 642-3.37.1. Sb~etely Lynn Bradetn FEB 1 8 1997 December 26, 1996 Board of County Commissioners 3301 U.S. 41 East Naples, FL 34112 Attn: Sue Filson Dear Ms. Filson, I would like to be considered for one of the. openings on the Code Enforcement Board. My resume will show that I have had many years experience in the fields of; construction, property management and q~ality control, all of which required an indepth understanding of laws, rules, regulations and the enforcement thereof. I would be available to meet with you at any time to discuss my qualifications further. Sincerely, James E. Lavinski 121 Versailles Circle Naples, FL 34112 (941) 732-6981 RECF_.iVE. D gE(: 2 7 Board of Count) Comaissioners AGEN~)~ X~M No o../_~ FEI) JAM~S E. LAVINSKI 121 V~RSA/LL~S CIRCLE NAPLES, FL 33962 (941) 732-6981 EDUCATION: 1987-1989 1966-1970 1959-1961 LICENSES: Central New England College, Westboro, Ma. Degree: Applied Technology Business Admin. Northeastern University, Boston, Ma. Major: Industrial Engineering Lowell Technical Institute, Lowell, Ma. Major: Mechanical Engineering Real Estate (Mass., Md., FI.) Notary Public (Fl.) Community Association Manager (Fl.] 1994-PRES 1990-1992 1993-1994 1977-90 1989-90 INDEPENDENT CONTRACTOR (ASSOCIATION MANAGEMENT) Provide full property/association management and real estate services. Develop bid specifications and conduct competitive bidding process. Award contracts and manage contract performance. Develop operating and reserve budgets. Maintain financial records. Perform site inspections. Develop long and short range maintenance plans. FACILITIES MANAGER - DAV0X CORPORATION Provided complete property/facilities management services to Corporate Headquarters and several sales/service offices across the US. Developed and managed a yearly operation budget of 1.5 million dollars. DIGITAL EQUIPMENT CORPORATION PROJECT/PLANNING MANAGER II, FACILITIES Provided project management for various property management services. Implemented a program to locate suppliers of maintenance services. Developed project budgets and tracking systems. 1982-89 1980-82 1977-80 PRIOR FACILITIES MANAGER II (CORPORATE HEADQUARTERS) Managed an organization of 110 employees and SO subcontractors who provided property management and administrative services to a large site consisting of 19 mid and high rise buildings, which totaled 1.2 million square feet and housed 4500 employees. Developed operating budgets of 7.5 million dollars per year. Developed purchasing contracts for products and services in excess of 3.0 millon dollars per year. Managed a ground water reclamation program to restore drinking quality to damaged aquifers. TRAINING MANAGER Designed, developed and implemented Corporate-Wide training programs in the areas of property management and administrative services. SENIOR FACILITIES PLANNER Developed procedures required for property management, building modifications, health and safety. Monitored space layout and utilization. Developed plant facilities budget for capital and expense. Developed and implemented plant long- range space plans and facility requirements. RAYTHEON COMPANY (VARIOUS PLANNING, MANAGEMENT) (AND ENGINEERING POSITIONS) UNITES STATES ARMY (HONORABLE DISCHARGE) Rhona E. Saunders 3770 Parkview Way Naples Florida 34103-2737 December 26, 1996 Ms Sue Filson Administrative Assistant Board of County Commissioners 1301 Tamiami Trail East Naples, Florida 34112 2 6 ( 8olrd of~ Countl Commf$$fone~.s Dear Ms Filson and County Commissioners: Please accept this letter as my formal aplication for appointment to the Collier County Code Enforcement Board. I qualify as a busines woman and as a former Realtor. I have the experience, interest, dedication and energy to serve as an impartial, effective member of the Code Enforcement Board. Code enforcement, in my opinion, is a very necessary and responsible Board; and I share the Commission,s desire to obtain high quality code enforcement recommendations in an expediant manner. As a resident/property owner in Collier County for the past 4 years, I have been active in the business community as well as the non- profit and community relations arenas. I am a business consultant specializing in providing practical, realistic business survival, marketing and business operations advice and mentoring. On a volunteer basis, I share my expertise, time and energy with several groups in the County, including the Naples Community Hospital, a number of social service organizations, the James Lorenzo Walker Vo-Tech Center and International College. Professionally, as a business owner/entrepreneur in Washington, D.C. for more then 25.years, I owned and managed a successful marketing communications business, founded and published two national trade magazines, owned and operated a restaurant and dinner theater, and was a licensed real estate broker in two states. Over the years, I have counseled =any of the nations' leadlng developers and business owners in #sensatiPe- zoning, licensing, and community relations situations. I am not new to the challenges - and opportunities - that confront the Collier County Code Enforcement Board. If appointed to the Code Enforcement Board, I look forward to fulfilling my duties and responsibilities to those with whom I will be serving, to the Collier County Commission and to the people of Collier County. Sincerely, Rhona E. Saunders December 26, 1996 Ms. Sue Filson Adminim'ative Assistant Board of County Commissioners 3301 East Tamiarni Trail, Building F Naples, Florida 34112 tECIEIVEE; Board of County R.e: 1Leappointment to the Collier County Code Eni'orcement Board Dear Ms. FUson: This correspondence ,., submitted to express my continued interest in serving on the Collier County Code Enforcemem Board. During my term, I had the opportunity to be elected the vice-chairperson for this board. The issues that we, as a board, have addreued have been compli.caled but extremely interesting. .": I am enclosing an updated resume which documents the demographic work I have performed/'or the Collier County Water Master Plan. I believe the experience I have obtained performing planning and zoning work/'or my fu'm can serve Collier County well if I am reappointed to a second term on this board. I would consider my reappointment an honor and a privilege and look forward to continuing to serve on this board. Thank you/.or your consideration o/.this request. Sincerely, lohn Norris, District 1 Tun Hancock, District 2 Tim Constantine, District 3 Para Mc. KJe, District 4 Barbara Berry, District $ FEB 18 1997 MIR.EYA M. LOUVIE~ Active Committee Memberships F~ce-Chalr~er~on Colh'er County Code Enforcement Board Hhl~ani¢ Affairt Ad~ory Board Member Pro f e~ional Affiliations 17orida Planning & ~onlng/L~ociation, Ina Secretary. Project Management In~'tute lVfu'eyaLouviere has been associated with Iohnsonl~ngineering, Inc. ~May, 1990. During her employment at J'ohnson~Engineering she has learned thezonlng, design, permitting and constructionphas~ o/'land development. Ms. Louviere was responsible for the rezoning o/the Immokalee Road Centerl)UD an+/- 11.00 acre parcellocated on the comer oflmmokalee Road and A/rport Road. In addition, she has assisted with the subdiv/sion master plan approval for HawksR/dge, Phases I and ri' and the permitting of the Sheriffs ShootingRange for Collier County. In thepast, she has assi.~ed with obtaining permit approval though the DRI process for Toll-Gate Commercial Center. Ms. Louviereis currently involved in the permitting process/'or C.R. 951 an d more recently, obtained approval for an Offdte Parking Petition Variance and site Site Development?lan approval for a site located inMarco Island, Florida. Current proj ec~ include a~i~ting with updating the Potable Water MasterFlan. MS. Louviere's responsibilityincluded generating demograph/c projections and industrial and commerdal square footages from 1995 through the year 2005. The methodology used to obtain the demographic, commerdal and .industrial projections is based on planning conummities and further selp-egation o fthese planni~ communities noTraffic Analy~ Zones (TAZ)'s. In addition, the PlannedUnitDeveloprnem (PUD) list theUrbanBuild- Out Study, Phase I and the Redi Aerial/Zoning Maps for Collier, Demographic and Economic Profiles, Industrial Land Use Study and the S itc DevelopmentPlan logs in conjunctionwith the Collier County's current zoning maps data was used to obtain projectior~. Currently she is working on the re-configuration and generation ora concept plan for Caxambu Park, for the Collier County Office ofCapitalProjecu. Caxambu Park willbe a fourphased project. In addition to the general/on of the concept plan, she ~produce a co~t and t/me estimate forthe conswaction and perr~tt/ng assodated w/th each phase ofthis project. MS. Louviere's current project management IL includes the Medical Examiner Building, (+/- 10,0007, East Naples Skate Park, the City of'Naplea Skate Park, North Naples Tower, Bonita Springs Depot Park, and ',he Naples Airport Authority Terminal Building, Caxambas Park, Phases I throughIV. : .; Fred MueHer. C, RS, ~ Commercial Investments ~v~N& December 16,1996 Ms. Sue Filson, Administrative Assistant 3301 U.S. 41 East Naples, FL 33962 I]EC 2 0 ~Oard of C0unt~ Cc~fssfoners Dear Ms. Filson: The Code Enforcement Board is trying to fill committee vacancies. I wish to apply for this position and ask you to consider my qualifications. Dartmouth College - B.A. with major in Economics Syracuse University -- Graduate School of Sales Management and Marketing. past Work Experience: Mueller Company, Jersey City, New Jersey, Director of Marketing and Finance Tidewater Foods, Easton, Maryland, President Thomas J. Lipton, Englewood Cliffs, New Jersey, Marketing Consultant Skinner Macaroni Company, Omaha, Nebraska, Sales and Marketing Consultant Hershey Foods, Hershey, Pennsylvania, Sales Manager, Pasta Products ~Current Employment: Coldwell Banker McFadden and Sprowls, Naples, Floricl~ 12 years experience in commercial and residential real estate in Naples, Flofi~ Hold the highest academic designations available in commercial and residential real estate. C.C.I.M. -- Certified Commercial lnveshnent Member C.R.S. -- Certified Residential Specialist An InOe~ndently Owned and Ooeratecl Member o/Colo'well Bar, kef Res~denbal Affiliates, Int. AGENDA NO,...~..~~ FEB 1 8' 1997 Page Two past Directorships: Director, lerscy City Savings and Loan Association Director, Statewidc Savings and Loan Director, lersey City Y.M.C.A. Director, Sers~ City Chamber of Commerce Member, Mayor's Advisory Committee Wife: Leah, C.R.S. with Coldwell Banker Daughter: Elizabeth, Masters Degree in Accounting, employed by Slim Fast Daughter: Margaret, Emergency Physician, Rhode Island Hospital Residence: 765 Willow Brook Drive, #1501, Naples, Florida 34108 Purpose of 0~is Application: The Mueller family (7 of us) have visited, worked and lived in Collier County for the last 24 years. We owe the community and want to see it maintain its preeminent position in Southwes~ Florida. I would ILke to make a contribution to the growth of Collier County. My background prepares me to do so. Thank you for yo~~, December 18. 1996 Sue Filson Administrative Assistant Collier County Commission 3301 Ts,miami Trail East Naples, Florida 339e2 FAY 774-3602 Dear Ms F~son: Plea.~ except this letter as ,~/application for a p~sidon an the Collier County Code Enforcement Board. :o With this application I enclose a recent resime which [ have with d~e .american Arbitration Associ~ion for your review. Il'you have any questions ! would be very. happy to answer them Sincerely, Humbert L. C,-rcssani AG E N D~A,e.~T.~_ FEB 1 8 1997 ~lo.eidl Cert~ifled C~enerll Conl:ric~:or Cio..~..C~ American Ad:)i~adon A~xJmtton Re~ne Foam 00Ol 15792 EXPERIENCE: ~ r~vatm~. ~TE~~ D~TE REaL.ON ~ ~uct~ ~i~toc Trojans Wo~k~, F~ M~, I AG E N/O4~ ].zTLE M Nc) o.../.~ FEB 18 lgg7 ~ .al Pg. ~ PECEiVED DECl6 1~8 iloar~ of Count~ Coem~ssfoners ~ AGEN IT FEB 18 1997 P. ESUI~ LEWIS PAUL OXLEY DO[i: 14 APRIL 1929 HEALTH: EXCT. LLE~ ~~ HISTORY ,~k~N~l~di~, 'rEMINDRAR~Y INVOLVED IN 1996 OLYMPIC GAMES ENTR~PRENEURAL ACTIVITIES IN ATLANTA GEORGIA. · · DATES EM~LO~ post,ON(S) R. EA..qON FOR LF..AViNO AUGUST 1993 TO FEBRUARY 19~S AMER CON CORP MIAMI, ~A PRO. CT MANAGER qO_ VERNMENT HOUSING ANGOLA. AFRICA fu~hrE 1992 TO SAL'S ABATEMEHT ~TOR ACCEPT AUGUST 1993 CORPORA~ON OVERSEAS MZAM~ ,FLORIDA ASSIGNMENT AUGUST 1991 TO MAY 1992 JULY 199~ TO ft.rLy 1991 APRIL 1990 TO RR.Y 1990 PROJECT DEVELOPMENT GROUP, PITTSBURGH, PA. Wi~.MODULAIRE RZXviPANO BEACH H.,ORIDA RI3)UCTION DUE TO~ '. MERGED WITH PRO~ECT DEVL~OPMENT GROUP REDUCTION IN FORCE3 DUB TO ~C CONDmONS MAY 1987 TO APRH. 19~0 B.a~,rK VAULT STRUCTURES. INC. LABm -I.~. FL. AUGUST 1986 TO APRIL 19~7 MODULAIRE INDUSTR~S. INC. FT.LAUDERDALE, FL. PRO~ECrS MANAGER FEB 1 8 1997 APRIL 1986 TO AUGUST 1986 OCTOBER 19115 TO IVLa~RCH 19~6 FEBRUARY 1982 TO OCTOI3ER 1985 JULY 1979 TO FEBRUARY 1982 OCTOBER 1977 TO JUNE 1979 SEIki'EMBER 1976 TO AUGUST 1977 APRIL 1976 TO SEPTEMBER 1976 CITY OF NORTH MIAMI BEACH, FL. INTERSTATE BRANCH BUILDING CORPORATION POMPANO BEACH, FL. PANELFAB INTERNATIONAL CORPORATION, M]AlVO, FL. ~AND CHRISTENBERRY ENTERPRISES, INC. MiAMI, FL. PANELFAB INTERNATIONAL ~TION MIAMI, FL. PEPSICO BUILDING SYSTEMS, i~C. Cl~S) PLANT CITY. FL. ENTERPRISE BLDG CORP. (EBC) DUNN~_ -ION, FL. (SUB TO PBS) PARKS AND RECREATION DEFT. CONSIDERATIONS BUILDING OPERATIONS AND MAINTENANCE SUPERVISOR QUALI]rIED CO~?ANY COMP~ AS C;ENERAL CONTRACTI~L OUTOF ESTIMATOR AIVD BUSINESS O3NSTRUCTION MANAGER, MODULAR BUILDING RELOCATIONS, CONDO CONVERS IONS/RLrNOVATION, TECH REP/SUPERVISOR PROJECT PRE-ENGINEERED HOUSING FINISHED AND SUPPORT FACILfTtES KHAM~ MUSRAYT, SAUDi SUPERVISOR. PUNCTIa:)Lrr PROJECT CREW FOR STATE OF FINISHED FLORIDA OWh'ED MODULAR CL.AS~CX3MS. AGEND& IT, EM FEB 18 1697 log o~ TO APR~ 1976 INC., RAJ. EIG~ N.C. OF MOOULAR BANff, DEFUNCt OFFICES & Ct.AS~ J'ONE !~73 TO JANUARY 197~ JANUARY 19611 TO JUNE 1973 URBA~ SY~ DEVELOPMENT CORP. (USDC) AIR.IN.ON. VA. (SUnSXDIARY OF HA'IION/d. TRAR.ER COI~rVOY, 'i ULSA, ~ C~CN-OUT COMPANY MOOULAR TO~S, PI4ASED'oLrr 14UD LOW-COST HOUSn, IO. & CX~tVERrlONAL M~..ITARY flOUS~ COMPANY ~AL AGENT, LEASE OPERATOR, (OWNED FOUR VE~CLES TRAN~I~O MOOULES ACCEPT wrr14 USDC JULY 1947 TO U.S. ARMY FP,/VATE TO MAJOR SEFI'E~3ER 1~7 (M~LITARY INTELLIGENCE.)' ~ EDUCATION: UNITED STATES ARMED FORCES INSTTTUTE, TWO YEAR COLLEG'E LEI/EL. CONTINUING COURSES IN REAL ESTATE, COMMUNITY ASSOCIATION MANAGEMENT, & C.~Elq'ERAL CONTRACTING TO ~AXN LICENSES I~i ACTIVE STATUS. /3/ F£al 8 _1997 Tel-. (941) 775-5818 Fax: 941 775 5818 LouIs F. LAFORET PROFE~IOF/AL E~(~II~EElt December 9,1996 Board of Collier County Commissioners 3301 East Tamiami Trail Naples, FL. 34112-4977 FOREi'~SIC FOREST 111L.125 BLVD. ~IAPLE~, FL34~4~3 Attn: Ms. Sue Filson, Administrative Assistant Ref: Application for Reappointment to Collier County Code Enforcement Board Dear Ms. Filson, In accordance with your advisory letter of December.~, I hereby re- spectfully request consideration for reappointment for second term on the Code Enforcement Board. I have enclosed a copy of my recent updated resume for the American Arbitration Association; prepared as a result of their current upgrading of qualifications for their arbitration and mediation panel members. In the unlikely event that you are n~ versed in the parallel respon- sibilities, I direct your attention to the fact that the hearings and passing of judgements are roughly the same, excepting that the Arbitration panels dedsions are final and not subject to appeal and the panel members are not subject to individual or group legal act- ion against them or AAA. Just a little bit tougher on everybody. If you desire a more comprehensive and detailed CV, please advise me by phone and I'll respond without delay. LFL:mml Encl: Updated Resume CC&Enct: Ms. Maria Cruz Code Enforcement Specialist Yours very truly, _ Louis F. Laforet, P.~. .o. /r./!J FEB 1 8 1997 · American Arbitra~on Assocla~on Resume Fofln NAME: .. CONTROL #: Louis F..Laforet 000067909 CURRENT EMPL(JYERfTITLE: ' ' Louis F. LaEoret_~_z__ProEe'ss'iSnal 'E~ee.~/Priva~ .- . · .- ..- PROFESSION: Registered Professional Engineer - PriVate Prac- tice with current major emphasis in Forensic' Engineering*' (Arbitrati°n/Mediat~~i~-e~ System*Ins. Casualty ~tigations*Sick Building Syndrone Inves- tigations Mec anzca ~ umbzng Systems Analys---{s*MemberCo--'6-~er Cbunty Code Enforcement Board.' .. WORK HISTORY: Bell Bros. Investments-Cofisul~ng' 7~YCu=rent= Amer-Arbit. Assn.-Paneltst.'84/Current= Trident Engr.Assoc,- 'Expert w£tness(Jud£cia[),79/91: Expert. W£tness-Condo.Assns& Developers(High-Rise Condo Apts)D.C.&Md. '64/~84: Univ. Md.- Ch. Engr.'Design&Constr. Div.,77/.85: PrinceGeorgesGen. Hosp2- ~ir. Bldgs,Grnds,&Constr. '?2/'?4: Private Practice7Design ~64/Current: Nat'lCoalAssn.-Development Engr./Constr. Consul- rant*'56/'64: United Mineworkers Welfare ~und-Exec.Asst. 'to Res.Architect .*54/56:*Expert Witness before Fed..~ower Comm. EXPERIENCE: Excess of 30 yrs. in'physical constructi~n, in- cluding multi-million dollar simultaneous constr, of 10 hos- pitals in Ky.; high rise office bidE. in D.C.; multi-million dollar hosp. constr, in Md.; Bld9. Design & Specs. '& field compliance visits during constr, of numerous public'school ~acilities including sewage'treatment plants. Diversified pro3ects from university~swimming pool,.dance floors, gym floors, fume hoods from chem. & nuclear radiation labs, an.- imal rooms, for.Univ.of Md.: .15 yrs.-exp, as ex~ert witnes~ in Judicial System, including "Sick Bldq "situations ALTERNATIVE DISPUTE RESOLUTION EXPERIE~dE:Served as'~rbit- rator on Panels in W.Va,Va,Md,&D.C.f6~'a period '6f~more''''~''' than a decade. Largest case lasting for nearly a'yr..'in Pitt- sburg, PA. involving.the new subway system with initial clafms exceeding 6 million'dol~ars.; Several-various.cases ,involvfng claims ih"excess'of 1 mflliOn'dollars"in'*va,Md,~&D.C.~ll,'~6_ vo£v[ng concraccs, plans.&'specs., systems perzormance,.actual constr, matls.&methods,delays, damages, chan~e orders, etc.: Projects involving gymnasiums, office bldgs, low-income apt. complexes, etc.: Cases involvin~ medical malpractice in .Md'" Doctors & Hosps.: Cases of lesser invOlvemeht of claim amts. i.e. churches, private residences, commercial use bldgs, etc. : . . ; .. .... --)-%-+ .~.. I FEB 1 8 997 I Pg.~ American Arbitration Association Resume Form ALTERNATD/E DISPUTE RESOLtJ~ON TRAINING: Arb£~rator Training 4D.C.eResolv[n Construct£on C ' Program 5/84D'C'~° CnMed[a'i°n Training .... C Md H - - * Fast: pROFESSIONAL LICENSES: (CURRENT) aegister&a p~ofess£~nal g- rm Licensing of PowerS,. *~Oceans)*U.S.Coast n [nee s team ~ ~a~ ..... ~avi-ate Pas senqer'-'~s ) Mary tots L[cease* (CUR/~NT) Amer:Arb£=.Assn' (Con- PROFESSIONAL ASSOCIATIONS: sn:, nergy'Audi~°r' ~u., . ' £ngrs.,Amer-S°c' Et .,efri .&Air Cona.'En s.; · n Inst., Universal craft:smen Council r Engrs., Cogenera=L_o_. _ .. nt. Cn=y Mci..Code .comm. e gY ...... rs.'~r$. Assn_.Mo . · of Engrs.,Btag' 'wwu= Several non-credi= courses specific ~UBk[CATi0NSiAu~hor and/or co Author ahd com~la=~on el .Tech. , :-- ica1 of coal Fired SCm. =~~ AS haul~ Li uo St~"'G tax . + . . · . .'" .-.. · CO~Pa~S~T'O". S~s0.0o- Hou~ ' al : · ."-- ' Da~ly~ . ..:.. . . ., .... . .., .... c,T,z~,~H'~: ;~=~ _.';;,[) .,. ~' ' '- - "" ' ' U.S. '(~an~ve = :. ~. : ..' American (Yankee Version) AGEN~ ,o. FEB 18 1997 MEMORANDUM DATE: TO: FROM: February 3, 1997 Vince Cautero, Administrator Community Development and En~ervices RE: Code Enforcement Board As you know, we currently have vacancies on the above-refcrenced 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: Linda G riH'm 4433 E. Alhambra Circle Naples, FL 34103 Robert K. Lock.hart 1361 Lake Shore Drive Naples, FL 34103 Maurice DeVito 64 Chardon Place Naples, FL 34110 George P. Ponte 565 Augusta Boulevard Naples, FL 34113 Guy P. Adams 3630 11' Avenue, S.W. Naples, FL 34117 Diane Taylor 3760 Golden Gate Blvd. E. Naples, FL 34120 Lynn Bradeen 1298 Orange Court Marco Island, FL 34145 Please let me know, in writing, if the applicants are qualified to serve as members of this board, and I will prepare an executive summary for the Board's consideration. Please c~te~orize the applicants in areas of expertise. If you have any questions, please call me Thank you for your attention to this matter. SF Organizing SYstems inc. Is a se~ice. orientec~ ComOanV Oe:ica:e~ to OUt what our ~e,qts vvar~ ~ ~[odng o~g~ms ~ se~e ~ose SDecffiC our :i~enc ~ ~nc;u~ ~o~ ~oer com. man~ Oo~a K~ ~l~rlton Hotel Oany: WG~-g2 N~ws~¢~o; Oeoa~enc of Human Resources numerous aha ~ea ~all :~i~ ~a TOO~I PR, L~CIPALS: GARY G BLOOM. PE STEPHEN G, VRABEL. PL.S ANDRF.,.S GARGANTA. PE. CARLOS M. MALLOL, P.E. DrVISION .VL&HAG£R: DAVID E..",4cK£E, PE. 24.831 Old .11 Ro~d Bee~la S~nls. ~ 33923 (~ I ) 947~2~ FAX (~1) ~9-1323 Other Coyote (9~) ?8~-~ FAX (9~) 78~-5923 (~ I ) ~7-~8~ FAX (~1) ~n~lle FAX (~) 2T~3102 (~) ~-~141 FAX (~1 ~ando FAX (~91 423~8~ ~lm ~b~ke ~n~ (9~ ~3~786 FAX (9~1 CONSUL-TECH ENGINEERING, INC. Ms.Sue Ftlson Admtntstrattve Asststant Board of County Commissioners 3301 Tamiamt Trail East Naples. Florida 33962 RE: Collier County Code Enforcement Board Consideration for Appointment Dear Ms. Filson. This letter is written to express to the Board of County Commissioners my interest for consideration of appointment to one of the several positions that are either open or are being created as alternates for the Code Enforcement Board. My profession is that of a Civil Engineer: I have been practicing civil engineering in Collier County since my graduation from the University of Florida in August of 1979. I was initially employed with the consulting firm of Wilson/Miller/Barton/Soil & Peek. Inc. for eleven years prior to establishing my own firm. Lockhart Engineering. Inc. for a five year period. In January of 1995. Lockhart Engineering. Inc. merged with the firm of McKee & Associates. Inc.. which has recently been acquired by the consulting firm of Consul-Tech. Inc. in January of this year. I am a registered Professional Engineer in the State of Florida ¢#34300) and have been primarily engaged in land development and its related myriad of activities in my employment. My residence since 1986 has been at 1361 Lake Shore Drive in the We~tlake ~ubdivision of Naples~e~..3~/cx~' number is 262-5986 and my voter registration number~s--Tg-II2953. Attached is my current resume for review: should there be any comments, please do not hesitate to contact me. Very truly yours. Consul-Tech. Inc. Robert K. Lockhart. P.E. AGE~iI~ . . I~o. 1~_~ ~M FEB lB 1997 CONSUL-TECH ENGINEERING, INC. Consulting Engineers Land Planners 24831 Old 41 Road Phone: Bonita Springs. FL 34135 Fax: Land Surveyors (941) 947-0266 (941) 947-1323 ROBERT K. L(X)(HART. P.E. Pro.iect Mmnaqer/Enqt neer Education: ~stratt~: B,S. Degree. University of Florida. Gainesville, 1979 Professional Engineer. Florida No. 34300 Years Experim~: 17 Affiliati~s: Member American Society of Civil Engineers Florida Engineering Society _ Consul-Tech Engineering. Inc. 1997-Present: Senior Engineer/Project Manager - Responsible for all technical aspects of projects. McKee & Associates. Inc. 1995-1997: Project Manager/Engineer . Responsible for plan preparation and permitting for a variety of civil engineering projects related to residential, municipal, and commercial land development. Responsibilities also included the design of projects related to land development. Types of projects included the design of roadways, drainage, water and wastewater systems, and included the preparation of contract documents. specifications, computer program calculations and supervising the execution of computer and drafting work. Additional duties were the preparation and processing of permit applications for local, county, and state agencies. supervision of the activities of field personnel during the construction phases of projects and the preparation of final applications for payment approval. Lockhart Engineering. Inc. 1989-1995: Owner/Director of Engineering . Responsible for the overall control of company, budgets, proposals, contracts, billings, project schedules, quality control and construction inspections. Coordination with CADD Department for production and workload schedules. Oesign and coordination for projects, complete planning, design and construction actninistration for these projects involving extensive coordination with clients and contractors. No o._Y--~ FEB 18 1997 Robert K. Lockhart. P.E. - Page 2 Wil~on. Miller, Barton. Soll& Peek. Inc. 1979-1989: Engineering Otrector/CAOO Manager - Responsible for plan preparation and permitting for a variety of ctvtl engineering projects related to residential, municipal, and commercial land development. Responsibilities also tncluded the design of projects related to land development. Types of projects tncluded the design of roadways, drainage. water and wastewater systems, and included the preparation of contract docunents, specifications, computer program calculations and supervising the execution of computer and drafting work. Additional duties were the preparation and processing of permtt applications for local, county, and state agencies, supervision of the activities of field personnel during the construction phases of projects and the preparation of final applications for payment approval. Responsibilities also included the overall rvision Of project/engineer's workloads and project budgets, proposal. l~ings, schedules, accounts receivable and project closures. Partial List of Projects Responsibilities for the following projects tncluded the planning and design of the water, sewer, paving, grading, and drainage and contract administration during construction, and as applicable, permits through the FOOT. SFl~. FDEP. and local governmental agencies: · Bermuda Gardens Condominium · Bermuda Cove Condomtnt~ · Lexinqton at Lone Oak Subdivision · Lone Oak P.U.D. · Pioer's Pointe Condominiu~ · · · · · · · · · Collier County Public Schools Lely High School Avalon Elementary School Pine Ridge Middle School Oran~etree P. U, O, World Tennis Center Ktnos Lake Subdivision Victoria Park Two and Two Addition Subdivisions Crescent Lake Estates Subdivision Heron Pointe Subdivisi~q The Crosslnqs Subdivision Wvndemere Country Club Wildwood Estates AGEND~¥~I T~4q~ FEB 18 1997 Robert K. Lockhart, P.£. - Pa~e 3 · · · · · · · Wino South Atroark · · · · · · · · · · · Lely Palms Retirement Center Neaoolitan Shoooino Cente Town Center Shoooina Center Kinqs Lake Sauare Shoooinq Center The Island Club Condomint~n and Restaurant Barnett Bank~ Park Shore Center and Satellite Branches and Kings Lake and Downtown Naples Berkshire Lakes P.U.O./Subdivision (Parcels A-C) 1-75 Construction - Borrow'Pit Permittinq Throuoh Lee County The Island at Imoerial Estates Country Club Sunshine Shoooinq Center - Bonita Sorinqi Lan~ark Estates Hobile Home Park Park Shore Unit 5 Subdivision The Villas at Park Sh~re The Trade Center of Naoles Industrial Perk Villas at Pelican Bay Forest Lake Estates South and East Naoles/Collier County Sewer System ExoansiQn - Assessment Roles Collier County Government Comolex - New Courthouse Buildinq and Health Services BuilUinq Boca Cieqa Villaqe Lakewood Units 6 and 7 Subdivision AG E ND~A~I T,~i -" FEB 18 1997 Maurice DeVito 64 Chardon Place, Naples, Florida 34110 Telephone: 941-594-1049 _Resume Educational Background 1956 Graduated Manhatten Avaition High School 1969 -1970 New YOrk City Police Academy Graduated 1973-1974 1974-1976 Courses taken: John Jay College of Criminal Justice New York INstitute of Technology Police Administration, Patrol Functions Basic Legal Concepts and Admin. of Justice N.Y.C.P.D. Substance Abuse detection, Integrity Control Officers Training -internal Affairs Division. lob Experiences September 1987 to January 1992 Retired Executive Officer-Integrity Control Identification Section N.Y.C.P.D. Responsible for 230 civilian and 35 uniform members of the New York Police Dept. We handled all security records and inform- ation within this section. Including the confidentiality of all undercover officers, all criminal history information. Orders of protection,youth criminal records sealed documents,wanted files, records of all NYC licensee and DOA files, We conducted and investigated reports of security viola- tions . Developed integrity control programs. Audit and inspect time and payroll records. This assignment is a personal approved one by the Police Commissioner. During special operations, I was re-assigned to the Command and Control Cent for Support Services Bureau. o P, Page 2 of 2 ~ob Experiences February 1987 to September 1987 Promotion to Sergeant-in March 1987 assigned as Patrol Sergeant 45th Precinct Bronx,N.Y. Responsible for the peace and safety of civilians and officers with in the precinct. Patrol with and instruct members on police procedures and guidelines. Gave training courses as needed. Attended community meetings inter-acting with loc~t civilian groups adjudicating problems as they arose. Publications= Developed and arranged Crime Analysis book and Job function for the N.Y.C.P.D. Crime Analysis Section. Developed and designed Demographic Des- cription of a precinct to be used at the Mayors Town Hall Meetings (Now in use by all commanders in the department (72) precincts. Developed and help design computerized orders of protection for the N.Y.C.P.D. Character References - Upon request Job References -Upon Request Hobbies - Fishing, Boating, hunting and Horticuture. AG£1~O,6. FEB 18 1997 (941) 793-1370 Ms. Sue Fllson Administrative Assistant Board of County Commissioners 3301 US 41 East, Third Floor Naples, FL 34112 January 31, 1997 Dear He. Filson: ! am interested in serving on the citizen's advisory committee of the Code Enforcement Board. I am a full time resident of Collier County, a registered voter, and active in community organizations. My resume is enclosed for your consideration· Sincerely, Enclosure: Resume FEB 1 8 1997 / GEORGE p. PONTE (pronounced: Pont) 565 Augusta Boulevard, Apt. 10 Naples (Lely), 34113 (941) 793-1370 I am a Collier County citizen and registered voter, and have been a resident since 1992. ! am a 61 year old retiree. My sincere interest in County and commUnity affairs is ex~mplified by my current and past responsibilities: * Board of Directors, East Naples Civic Association * Board of Governors, Naples Press Club * Vice President of the Lely Country Club Property Owners Association * Secretary/Treasurer of the Eaglewood West Condominium Association * I have acted as liaison between the East Naples Civic Association and the County's board of Code Enforcement as well as representing the Association on the Sheriff Department's Crime Prevention Awareness Council. * Since retiring to Naples, ! have worked part time at Radio Station WNOG as a telephone talk show producer and technical operator. * Prior to retiring to Naples, I was employed by CBS in New York, where I was responsible for business development of the CBS Radio Networks. * Member the National Fraternity of Broadcast Pioneers, end the Florida Broadcast P~oneers ~o. FEB 18 t.q97 i I l FAX I'~.~'iS,~,tl TTAL _ -..-~.'-..a..,.,,.,,a THiS SHE~7') F[~ 18 iD3?~ iIilnm:/.J, ..... J~mm->'31. ig~7 R.E: t. oin,;r Co~t.,.' Cok'tc E:2:brctment ¢..~ .,..~ So-rd \I:. ':'-.me :.s G'.:;.' .a.d:;ma .z~d :' !:a-..c be.-= a rcside.".t o£Collier Count}' for :h,: past · : e~us. M': '.¥t f.- :~.d ~ a:~d .,,:-.- ',a o :.h:!d'.'e= :nj,.~y :ivln$ ~¢re aacl ,:t'i~l~ ro flourish with Collier C,:ua:r.,' i:'.:o the Tv,'ent? Fir.~t Ce,wary. ! m: a vic: ?r:si~;i.'nt aL AL~. oli B-',rhe.' & Bt'~a,lage, linc., Pr. orcssional E=,t~J=qc=,"s, Plm'mers anc~ L~r.,i Sur, .-'_.'¢~ s. I w,~rk' :toss!}' ~,.'~th %c.d archit¢c~:~, cngincm's, g-~¢ml ¢ontr'ac:ors a,,'tcl realtors. Mos: of my cx~:.n.-n¢~ ~.'.s !:el:: ',vorkJng, with thc Land Dev.-lopm¢~: Cod~ particularly ~it,ti sur: c.,,~:..,t ~ss'~:es such 1.~ bulldog s.:tb=¢Ic.s, ta~¢ments, platting, crc. Furthermore, as ~ conccm,+,d tlr. zen: am aw'._r,', of other Count'.. Codes and Ordinance. hope you £md. m:,' qua!it~catioa~ satis£actory and lock :'o.~vazd to ,..Tfv$ o AGEN@A_ZT~M FEB 18 1997 L,~ '..~otm~': ::)25 .~:n,~. e......u.. ~ ·" :0t, :::ft..',l,t.e,~ ~:.:on~ .z39~2: · ~94t'. 334-tt?~ · PAX: GUY P. ADA.MS, P.S.M. vtc£ ~R~Smr.~T O~ ~'£~SO~,~£L Agaoli, Barber & Brundage, Inc. Professional E.gi.eers, Planner~ nad Surveyors PROFESSIONAL REGISTRATION: Re.:i.;:.er.~.:i Profcesional S ur, e.,.',')r and Ma?7:t. Stat.- of Florida Cerriflc:xre No. a.390 CONT1N UING ED UC.&TION: :he Laws "..':~a! · ;-'=,*,~ ' .',...'ai.,ur.~r Tc~;i'.~ :.~,;.,,~ ~ Mim,~u:v. T.'~hnica[ 4. t:nd,.,,.. .... Re:.-'.-;:::lent E~ td~c,, ~ Pr¢ce.Jure,, for 9,.~uada:.~ FEMA Pubhc ~ M~ltn~ M~t~ Sue'c: in~ Cad,ute:' ~cs tbr L~nJ Sue'c) PROFESSIONAL AFFILI.,,'rlONS: Nation-,} .~u,~tc:} ut' Pro."¢~,.onal FZ.:,.~ 5ur. e> :z:{~ and .Ma~p,n.~ £ $ ~:I.S. 3ol!i.,r'Lee Ch3.o~er~ ( President 19o i. SW Flot;o.a ~'h-',~,ttr .:f E.x,U. tDirec:or. C,~:)(er Buildings .tnd,.stry Associaziun AWARDS: ('l,~.,~er Pr.-s,d~aa ol'~e Year Fl.~:,Sa Su~ ?ins & M~piu{ PROFESSIONAL EXPER! £NCE: P.".'.ic:: :..Ian~cr ~omible tbr 21] ~ of~weyk~g ;:d ~pping. Par. y Ckief responsible t~r ;uper',ision of crew and collection of data. !.l~l_,ua. ifil&._,._ R,~rrn.: _C;nl! & l'ee,~',.ln¢., Naplo, k"l. / 1950 - 1933 . . . ~. :~,~, r¢~),~ble f'ot super','isiou of trey.' a~d collection ofd~t:t. AGE N~A/~IT EJWI[ No. !~/ // FEB 18 199t PROJ]~CI' EXPERIENCE: COLLIER CO['NTY GOVER.'~'MEN'T PROJECTS: Co;tier SECTOR PROJECTS: {)'.irk C-.ho..'~.."_H,Rk. RL~¢ (',,,~,4nm~.,,,~S. Cg]]irr ,:,:c'-'**--.'-'n*.,.; '.3y'~ut ,.~..ms-buil'~ .ti? (':,,~,nd lcta ,,f P,dh.~n ~.Tsr~h C~b'1ef' CO.II~P ~;rvcy zf .~ce. '.dc~(=c.'..'J~ct P::, k. C¢ilier CouaLv 'A,., ,.,.:t 4...L~-?J,i~{ 2:1 Swsmp Bug~ Grou e.d~..Cailk~'.Co.ua~ Immok~l~e T~EB 18 1997 12g$ Orange Court JA:I 2 Marco Island, FL 34145~0ard . December 27, 1906 Of C0u,ql:v CC,~.~$:."..'.?: Ms Sue Filson 3301 East Ta, miami Trail Third Floor Naples, FL 34112 Dear ~s Filson I am requesting consideration for the open seat on the Collier County Code Enforcement Board I am a graduate of'~Iichigan State University with a degree in Political Science, Business and Economics. I have been the president of'a construction company for the last 30 years i was Chairman of'the Board ot'Zurbrugg Memorial Hospitals in River.~ide and Willingboro. New Jersey. I was a member of'the Boa. rd of'Directors of'the Cooper Hospital in Camden, New Jersey a.nd a board member ot'Graduate Health Systems in Philadelphia, Pennsylvania. I was also a member of the Board o£Tru~ees ora New Jersey college and a member of'the board of'the Burlington County. New J'ersey, Chamber of' Commerce. · Additionally, I ,,vas president of the System Builders Association, and I have been involved with many charities and community help organizations. I am presently a member of'the Board of Directors or'the Marco' Island Civic Association (Iv[lC,A) and Chairman of the MICA Architectural Review Committee. [ feel confident that I have the qualifications for this position and [ am anxious to serve my community. lfyou have any questions or if I can assist in any way, please do not hesitate to contact me at your convenience at b42-3374. Sincerely yours. jj/f.. Lynn Bradeen AGENDA_ IT,&M No. FEi} 18 1997 l[~,.~..~l~: To re-appoint/appoint two members io serve 12 year terms, expiring on December 31, 1998, on thc Citizens Advisory Task Force. CONSIDERATION~: The Citizens Advisory Task Force had 2 lenns expir~ on December 31, 1996, representing the categories of"Minority" and "Community At Large". TNs 5 member committee obtains commtulity input and direction on proposed target areas (the geographic area designated for rehabilitation through funding from the Small Cities Community Development Block Grant Program from the State of Florida, Department of' Community Affairs.) They direct, oversee and approve grant applications; monitor the progress of' the grant adml-lstration and evaluate the final completion ofthe grant program. Terms are 2 years. A list of the current membership is included in the backup. The terms for Vivian D. Lager (Minority) and Robert C. Bennett (Community At Large) expired on December 31, 1997. A press release was issued and resumes were received from the following 3 interested citizens: Vivian D. Lager (re-appointment) 4 yes Russel M. Lazega (Attorney) yes Keith Puffer (Community Association Mgmt) 3 yes COMMITTEE RECOMME~Nq)ATIQN: Vivian D. Lager for re-appointment, representing the Minority category, and Russel M. Lazega representing the Community At Large category. FISCAL IMPACT: NONE GROWTH MANAGEMENT IMPACT: NONE RECOMMENDATION: That the Board of County Commissioners consider the recommendation for appointment and appoint 2 members to serve 2 year terms, expiring on December 31, 1998, on the Citizens Advisory Task Force, and direct the County attorney to prepare a resolution confuming the appointments. Prepared By: Sue Filson Date: February 18, 1997 FEB 1 $19 -/ HOUSING AND URBAN IMPROVE NT MEMORANDUM RECEIVED FE9 5 1997 DAT~: February 4, 1997 8oar~ of County Commissioners TO: FROM: Sue Filson, Administrative Assistant Board of County Commissioners Oreg Mihalic, Directorff~/ff Housing and Urban Im-prov-----------------~nt ' SUBIECT: Citizens Advisory Task Force Vacancy I apologize for the length of time it has taken to give you the recommendation of the Citizens Advisory Task Force Committee. The Task Force members have been polled and they recommend Russel Lazega to fill the opening on the Citizens Advisory Task Force. Please transmit this to the Board of County Commissioners as our recommendation to fill the vacancy on the Citizens Advisory Task Force Committee. Thank you very much for your assistance in this matter. If you have any questions, please call me. GM4d Eric. o8 FEB 18 1~7 Pg Citizens Advisory Task Force Work Phone Appt'd Exp. Date Term Home Phone DateRe-appt 2ndExpDate 2nd Term 02/13/96 12/31/97 2 Years Steven H. Bigelow 1937 Empress Court Naples, FL 341 I0 District: 2 Category: Business Leader Vanessa Fit=: 2460 14th Street, North Naples, FL 34103 District: 4 Category: Community At Large Janet Testermaxt 520 9th Avenue South Naples, FL 34102 District: 4 Category: Social Sciences 455-8062 261-0275 261-2861 02/13/96 12/31/97 2 Yeats 02/13/96 12/31/97 2 Year~ Vivian D. Lager . , ~.S..7 ~- 261-9541 Naples, FL ~aT72' ~c['/O3 C-~lo~n4tte, C.~r.t.,l ~. District: 4 Category: Minority Robert C. Bennett 01/10/95 7065 Dennis Circle, #103 Naples, FL 34104 District: 3 Category: Community At Large 01/I0/95 12/31/96 2 Year~ 12/31/96 2 Years / This 5 member committee was created on July 24, 1990, by Ordinance 90-60 to obtain community input and direction on proposed target areas (the geographic area designated for rehabilitation through funding from the Small Cities Community Development Block Grant program from the State of Flodda, Oepar1~ent of Community Affairs.) They direct, oversee and approve grant applications; monitor the progress of the grant adminisl~atJon and evaluate the final compleUonof the grant program. Terms are 2 years. Staff: Gre~ Mihalic. HUI Director:. 643-8330 AGF ND, A/.~I:T~' NC) o_.,~~ FEB ! 8 1997 Pg° q - DATE: December 16, 1996 MEMORANpUM RECIEIVED { DEC 1 II ~oard of County Commtssfoners TO: FROM: Vinell Hills, Elections Office Sue Filson, Administrative Assista~//]' Board of County Commissioners RE: Voter Registration - Advisory Boa~l Appointments The Board of County Commissioners will soon consider the following individuals for appoLntment 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. CITIZENS ADVISORY TASK FORCE Russel M. Lazega ~q~' ,~'l(~ I 651 West Elkcam Circle, Apt. 814 1~' Marco Island, FL 34145 COMMISSION DISTRICT Keith Puffer 5483 25"' Place, S.W. Naples, FL 34116 Thank you for your help. ....- t ~20 '26 AGEND~ FEB 1 8 1997 MEMORANDUM DATE: TO: FROM: October 28, 1996 Board of County Commissioners RE: Voter Registration - Advisory Board Appointments The Board of County Commissioners will soon consider the following individuals for appointment to one of the county's advisory committees. Please let me know if those listed below are registered voters in Collier County. Also, please list the commission district in which each applicant resides. Citizens Advisory Task Force COMMISSION DISTRICT Vivian D. Lager [AP/fi/ 257 Colonade Circle Naples, FL 34103 Thank you for yo~ help. AG E NDyAt~I ~ NO. FEB 1 8 1997 MEMORANDUM DATE: TO: FROM: December 16, 1996 Greg Mihalic, HUI Director Community Development Division ~0/ Sue Filson, Administrative AssistaI~A; ~ Board of County Commissioners "/,J Citizens Advisory Task Force As you know, we currently have vacancies on the above-referenced advisory committee. A press release was issued requesting citizens interested in serving on this committee to submit a resume for consideration. I have attached the resumes received for your review as follows: Russel M. Lazega 651 We~ Elkcam Circle, Apt. 814 Marco Island, FL 34145 Keith Puffer 5483 25* Place, S.W. Naples, FL 34116 Please let me know, in writing, the recommendation of the advisory committee for appointment and I will prepare an executive summary for the Board's consideration. Please categorize the applicants in areas of expertise. If you have any questions, please call me at 774-8097. Thank you for your attention to this matter. SF Attachments A G E N O/Rt.,l T..~Id ao FEI} 1 8 1997 Pg. V , CONDOMTN~M ASSOC/ATION. INC. 14100 E. Ta~daml TraU Naples. FL 33961 December 13,1996 Hrs. Sue Filson Admlnistrat[ve Assistant Board of Collier County Comnissioners 3301 East Tamiam£ Tra£1 Naples, FL 3a112 Dear Hrs. F£1son; O.,, 1 3 19~1 ! vould like co take this opportunity to apply for the Citizens Advisory Task Force Committee opening chac is currently available. Attached is a copy of my resume for review. Thank You. Sincerely, ../.q · Keith Puffer Manager, Imperial W~lderness AGEN06., NC) · --,/--~.~,~.m FEB 18 1997 Pg o_..~ KE]TH PUFFER 5483 25th ;'lace 5[4. NaP)es. Florida 33999 ('~41 ) 35.3 7'~'~2 Oual if ic at ions State of Florida Licensed Community Association Manager L[ce,,sed Poo! Operator University of Florida Graduate of Community Association Management Condominium Manager since 1988 Member of American Community Association Managers Hember of Nam!es Area Chamber of Commerce State of Florida Notary Public Licensed Pool Maintenance and Repair Contractor Licensed for Restricted Pesticide APPlication-F[or£da Continuing Education 'Real Estate and Condominium Laws" Attorney Phil Francoeur 'Making Your Point' CAN Schoo! 'Bringing Your Documents into [he 90's' Becket and Po[iakopf, Attorney at Law 'Ach/eying Goals and Objectives' CAM School Chapter 718 F.S. Update 1991,1992,1993,1994,1995 ~nnua! [4orkshop, Becket and Poliakopf, Attorney Effective ~rchitectura[ Procedures by Correspondence Recycling and Hazardous ~aste Seminar Flood Znsurance Seminar Znvesting Reserve Funds Seminar Experience Knowledge of residentla! plumbing,Installation and repairs, Including disposals,water heaters, and faucets. Electrical repairs and wiring up to 220 volts Carpentry experience in Tough f~amIng,concrete forms and trim carpentry. Knowledge of peintIng,~ooflng,and drywall. Sprinkler systems design,timer repairs,and daily upkeep. Sewer lift station upkeep and repairs. Lawn maintenance,plant care,fertilizing insecticide and Pesticide use. ' Pool maintenance,daily upkeep and repairs. AGE ND~A~[T~ H No FEB 1 8 1997 /~a nagemen~. Exper ~[ence = Job cosLs,es[lmaLe\bids from outside contractors,follow through s~eciftca[lons and job performance,proper use of business accounts,purchase orders and bookkeeping procedures = Budge[ and reserve preparation. · = Develop Job descriptions for office personnel,maintenance employees,housekeeping staff and [awn maintenance. = Authored office and maintenance operating procedures and employee manuals. x Comp/led the 'Board of Directors" procedures manual to acquiant new board members of [he[r respons£bili[Ies ExPerience/Qualifications cont. ObtaEn permits from South FLorida Water Management District for lake bank rehabilitation and recharge well for on site lakes. · Communicate w/th county officials and commissioners to obtain building permits and resolve code v£olations. · Establish and advise member committees such as activities,architectural review,grounds beautification and security. , ~ Develop and implement procedures for 'in-house* accounting using the 'Sassy Software Chairman of the Board.' · Current Association contains 546 units,four condominiums under one association,82 acres ~ith three lakes, eleven employees under my management. Work History ~1-92 to present Imperial Wilderness Condominium Association Condominium Manager 5-88 to 11-92 Ironwood Condominium Association Condominium Manager References Gary Zvosec Owner of Amherst Roofing,Naples 9~1-$9~-1133 James Thomas Owner Thomas Produce Naples S~I-775-.7029 Tom Colwell Owner of Jeff's Grading and Land Clearing,Naples 941-775-~075 AGEND.A~.~T.~M NO FEB 18 1997 Dccembcr 10. 1996 ATTORNEYS-AT-LAW Ms. $u¢ Filson Board of County Commissioners 3301 East Tamiami Trail Naples, Florida 34112 Application for Citizens' Advisory Task Force Dca' ;,ii. Filson: I am responding to your press release adverthing a vacancy on th~ Citizens' Advisory Task Force and have enclosed a recent copy of my resume for your review. Though I am relatively new to Collier County, I am eager for the opportunity to contribute to the community and believe that my experience as an attorney would ~catly contribute to the Committee. '~a~ you for your time and consideration. I hope that my qualifications will be favorably. Sincerely Yours, · ~o.~ FEB 1 8 1997 PLEASE RF. SPON1) TO: BALD KAGLE DR., SUITE SOO, P.O. BOX 1, MARCO ISLAND, FLOR/DA 3414~ (941) 394-S1~1 FAX (941) g42-6402 t3 PELICAN BAY 101 LAUREL OAK DR.. SUFFE (40, N~ FLORIDA 34106 (MI) S(~-3131 FAX (941) S(~,-3161 Russel Martin Lazega 65t West Elkcam Chile Apartment 814 Marco Island. Florida 34145 (9~1) 3946771 Member of the Florida Bar and Collier County Bar Aa$o~imion ~}UCATION Undergraduate: Florida State University College of Law J.D. (With Honors), May 1996 Law Journals: Law Review. Member and Ou~tanding Editorial Assistant Award for Volume *.3:3 Journal of Land Use and Environmental Law, Managing E4itor (1995-96) Journal of Transnational Law and Policy, Execufve Editor (1995-96), Articles and Notes Editor (Spring 199:5) Publications: Reconciling £nvironmental Concerna with the £conomic$ of 3rAFT4. $ $. TRANSNAT'L L. & POL'Y [Spring 1996] The Politics of Municipal Incorporation in Florida, 12 $. LAND USE & ENVTI. L. [publication expected Fall 1996] Honors and Activities: Student Legal Research Board, Director Phi Delta Phi National Legal Honor Society Florida Bat Real Property, Trust & Probate Sect/on Writing Compe6tion. Second Place 1994--95 Florida State University [ntermural Client Counseling Compe6tio~. Co-Champion 1996 National Conference of the Association of Environmental Law Societies, Financial Coordinator 1995-96 Blank-Miller Merit Scholarship .. 1995-96 Alunmi-Endowed Scholarship for Oetstanding Se~tiee to the College of Law 1996 Florida State Universiw Pro Bono Service Awa~ University of Florida B.A. in Political Science (with Honors), May 1993 Houors and Activities: Golden Key National Honor SocieW Phi Kappa Phi National Honor Society Dean's List Spring 1992 Term 4.0 honor roll (5/92 - 5/93) WORK EXPERIENCE Legal: Business: Woodward, Ptres& Lombardo, P.A., Associate. (August 19, 1996 - Present). General civil practice with an emphasis on real estate and commercial ~'ansactions. Assist in ~g of ~ esme development documents including lot purchase aD'cements, joint venmt~ aD'cements and option contracts. Represent clients in small claims and landlord-tenant liti~ztion. Supreme Court of Florida, Judicial Intern to Justice Harry Lee Anstead (Au~st 20, 1995 - December !, 1995). Drafted memoranda and opinions. Researched civil and criminal le~l issues. Reviewed writ petitions and jurisdictional briefs. The Honorable Ro~er Colton, Circuit Judge ISth Judicial Clr~tt of Florida (Civil), Law Clerk (May ~, 1995 - July 2~, 1995). One of only 50 law students in Florida select~ to sen~ in the sunune~ judicial clerkship pn:~-am. Regularly observed trials and motion he--is. Researched legal issues. ~ onlm~ j~dlments, ~d memoranda. Florida Department of Insurance, Law Clerk (Segc~,mbe~ 6, 1994 - April 14, 199S, May 8, 1996 - June 21. 1996~. Researched issues involving Florida adminisnative law, banknq~% corgmam law, Florida appellate procedure and evidence. Drafted motions, consent ordem, settlement stipulations and memofand~ AssL~ed in preparation of appeals. Dtde County Drng Court, Intern (Summer 1994). Sudicial ~ ~ $edgn." Stanley Goldstein (July ! - July 21, 1994). to the Dado County Public Defender Drug Court Liaison {July ~ 1994-Augntst 16, M.P.L./Nova Construction (Summers 1956-19941, Mieni. Family business. Resgonsil drafting and computer systems operation to deliveries, clerical work, and consmaction la COMMUNITY ACTIVITIES onh Shore Op_~mist Cl.ub. of. Miami Beach (1990-preset). iwanis Club of Mat~o Islana Marco Island Jewish Center .KILLS & PERSONAL ~r. AGE NDJ~,~T,,r~H FEB 18 Lq ? Pa. Conversant in Spanish. Word Perfect, Westlaw, Lexis, Word, On-Point CD Rom, Law Desk CD Rom, Pnnnise, DOS, and Windows. Bom in Miami Beach, Florida. Enjoy playing guhar and piano, scuba divinl, sailing, gn~lf, and weightdi~n~. '1 AGE .Oj~/~:~l~ FEB 1 8 1997 Pg. ~_~ DATE: TO: FROM: October 28, 1996 Greg Mihalic, HUI Director Sue Filson, Administrative Assistant, Board of County Commissioners Citizens Advisory Task Force 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: Vivian D. Lager 257 Colonade Circle Naples, FL 34103 Please let me know, in writing, the recommendation of the advisory committee for appointment and I will prepare an executive summary for the Board's consideration. Please categorize the applicants in areas of expertise. If you have any questions, please call me at 774-8097. Thank you for your attention to this matter. SF Attachments FEB Vivian D. Lager, Esq. 31 74 Tamiami Trail East Naples, FL 3411 2 Telephone (941) 774-0991 Fax (941) 774-1434 Fax To: Sue Filson From: Viv~an D. L~ger Fa~c 774-3602 Pzges: 2 Tel: 774-8097 Oa~. October 16. 1996 Re: Advisory Board CC: Urgent [] For Review O Please Comment C:] Please Reply r~ Please Recycle ! I · Comments; Attached ts my updated resume for consideration as my application for reappolntment to the Citizens Advisory Task Force. rm sorry [ ~d not get back to you sooner, but my mail is being fonvarded to my new address whzch caused a delay. Thank you for your attention to tilts matter. FEB 18 1997 Vivian D. Lager 3174 Tam, ami Trail East Naples. FL 34112 774-0991 (Office) 263-026Q (Home) ExpeHence 1996-present Vivian D. Lager, Esq. Attorney. Sole Practitioner Naples, FL · General prac13ce with concentration in real estate. L~JS:$, w~lJ3 and probate; immigration 1990-1993 Vivian D. Lager, Esq Attorney, Sole ~ 8ndgewater, NJ * General prac~ce w,~ concentration in employment law 1989-1991 Lowenstein, Sandier Associate Attorney Rantan, NJ · Litigation Oepartment. Drafted complaints, answers, inten'ogatones, mobons, se~lement agreements; Court apl3earances 1978-1985 Gill St. Bemarcl'$ School Gladstone. NJ Teacher Education Interests · Taught French. Spanish, I_oojc. AJge~3ra 1985-1988 Rutgers University School of Law Newark, NJ · J.D. mceived June 1988 ° Admitted to P,'ac~ce in PA (1988). NJ(1988), FL(! 994) 1960-1964 Univemity of Pennsylvania Philac~elphia, PA ° B,S. rmcaNed Ig~4 Immokalee Child Care Center, 2nd Vice Pres/dent 8oa~ of Directors. duplicate bridge, golf. AGEN~)~.,, No. FEB 18 1997 EXECUTIVE SUMMARY RELATING TO PETITION CU-94-20 FOR A 2~'~O EXTENSION OF A CONDITIONAL USE FOR CLUSTER DEVELOPMENT IN THE RSF-5 ZONING DISTRICT FOR PROPERTY DESCRIBED IN RESOLUTION 95-70 ADOPTED ON JANUARY 24, 1995 PURSUANT TO SECTION 2.7.4 (CONDITIONAL USE PROCEDURES) OF THE LDC. OBJECTIVE: This petition seeks to extend the date by which a conditional use was first approved for single family cluster development in an RSF-5 zoning district. Said conditional use was first approved on January 24, 1995. This is the second extension request. The Collier County Land Development Code provides for a maximum of'three (3) one year extensions to conditional uses. CONSIDERATIONS: Approved development order Resolution 95-20 remains consistent with all elements of the GMP, and in particular the Future Land Use Element (i.e. Density Rating System). The current authorized density is 4.88 dwelling units per acre. Reconsideration is coming forward in an untimely manner because our office neglected to alert the owner to the pending due date for reconsideration as is our procedure. FISCAL IMPACT: None. GROWTtl MANAGEMENT IMPACT: None. · That a sg'cond extension be granted to Petition CU-94-20 in accordance with the attached Resolution !~ Ex, bits thereto.~ RONALD NINO, AICP DATE CHIEF PLANNER FEB 1 8 1997 1 Pg. ] i/~ VI EW_F~D BY: C'itbBERT ~ MULHERE, AICP CURRENT PLANNIN~IA-NAGE-R DONALD W. ARNOLD, AICP PLANNING SERVICES DERARTME-NT DIRECTOR VINCENT A. CAUTERO, ADMINISTRATOR DATE COMMUNITY DEV. AND ENVIRONMENTAL SVCS. DATE DATE Cu-94-20 EX SL'MMARY/pd 2 FEB 1 8 1997 PI. RESOLUTION 97= RELATING TO PETITION NO. CU-94=20 FOR EXTENSION OF CONDITIONAL USE OF PROPERTY HEREINAFTER DESCRIBED IN COLLIER COUNTY, FLORIDA WHEREAS, the Legislature of the State of Florida in Chapter 125, Florida Statutes, has conferred on all Counties in 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 divisions of the County, among which is the granting and extending the time period of Conditional Uses; and WHEREAS, on January 24, 1995, the Board of Zoning Appeals enacted Resolution No. 95-70, attached hereto and incorporated herein, which granted a conditional use pursuant to Ordinance No. 91-102, for cluster develcpment, on the belcw described prc~er=y; and WHEREAS, on December 12, 1996, the Board of Zoning Appeals enacted Resolution No. 95-694, attached hereto and incorporated herein, which granted a one (1] year extension to the Provisional Use granted in Resolution No. 95-70; WHEREAS, Subsection 2.7.4.5 of the Land Development Ccde provides that the Board of Zoning Appeals may extend the one [1] year time period for a conditional use which has not been commenced; NOW, THEREFORE BE IT P, ESOLVED, by the Board of Zoning Appeals of Collier County, Florida that: The written request of Michael Saadeh of Elite Co~unities, Inc. for the second of three (3) permitted one (1) year extensions, in interest of the following described property: See attached legal description Exhibit -1- FEB 1 8 1997 is hereby approved pursuant to Subsection 2.7.4.5 of the Land Development Code (Ordinance No. 91-102), and the expiration date for Resolution No. 95-70, attached hereto and incorporated herein as Exhibit "B", and all conditions applicable thereto, is hereby extended for one additional year until January 24, 1998. BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this Board and in the records of the Petition for which the extension is granted. This Resolution adopted after motion, second and majority vote. Done this day of , 1997. ATTEST: DWIGHT E. BROCK, CLERK BO~~RD OF ZONING APPEALS COLLIER CO~4TY, FLORIDA BY: TIMOTHY L. APPROVED AS TO FOP~M ~:D LEGAL SUFFICIENCY: PtARJORIE M. STUDENT ASSISTANT COUNTY ATTORNEY -2- AGE ~N~AT~ FEB 1 8 1997 ._.__.. Iq. ESOLUTIO~'I '~5- DISTRICT pU?SU~T ~0 5£CTIO~ ~.~.¢-]. O~ COLLIER CO~TI LXIqD D~ELOP~IT CODE IOR SO~, ~GE 25 ~ST, COLLIER CO~TY, 67-~246, Livs o: Tlorl~, ~C Chap:er 125, Tl~:l~ Statures, ~-~S, the County ;.::su~n~ the:e~o h~s e~aptcd a t~r.~ Z~nin9 ~r~inance estzbliski~ :e~u!~tio~s for the zontn~ SeCtion 2.2.4.~ ~ zn ~F-5" Zone :ar c~us:e: deve!cp~er.t c~ accordance VLC~ S~bsec:[c~ 2.~.4.4 c: the L~d Oevelo:~e~: C:~e Collier County plannLn~ C:~[ssLon; and ~Oa, T~FOR[ ~ IT ~SOLVEO, BY TE~ ~OXRD oF collier county, .Florida ....... ~_~__,~'.=~__. ~ ~----~ ~- ~ ~ ............. . ........... .~..~ . . ~ .... ; ..... $- . .... : . : ;... . · I~e and the s~r.,e Js here~y ,~.P?.rove4 for Conditional.Use =5' c! Section' 1. ':2.2.~.3 of t~e .R~F-5" zoning ~is%rict ~or c~us~-er ~eve!op:en: in 4 &coo:dance ~lth ~he Conce~:u~ B. as:er ?lan (:~[~Lt 'C") ar.~ su~ec: ~ the .~a~o.~ng.con&[:~ons: '. " a. ~he ~rrent ~lz~r,g ~an~ger '~Y' ~rove ~[nor " Revie'J mhd z~roval, of %he Collier Coun%y Developzen% Code (ordinanCe ~o. )1-1021. ~e 1,000 s~'Jtffe fee: for one s:o:y residences Zr.~ 1,200 On Unifo~ Trtf:[c Con%rol De'z~ce%. prcjec% en%ran:e. · e. ~he proJec% .s%t%l ~e suS~,c: to a fz[: zn~ ~hzll ~e crt. si%tent vith the Cccn%y's Traffic Lane and Xir~o:: Rozd, %he deve%c~er, or successor cr assigns, lnc~u~Ln~ any ye% %o ~e *for=ed E::eo'-T. ers' Association, shzl% ~e res~ns[5~e for such :air share ~ . .'.'~':j-.'.'." - .~.~j~:.:. ~ convey[n~ rcz~';zy runoff su:h thzt tke:e isnO __~,~.~;~-'" .... ; diminution of c~;zci%y ts presen%%y exis%s. .- ~!" -,, .-~ . ~ for ~hat sec%ion shal% ~e l:?:c';e~ to -, · czpzcl%y' COn~[%~on vLthin one ~etr o~ issuance ~ fir~% Cer~iflcz%e of Occupancy for m residence ,...:.: ..- .~'.':f~ :.=. .... :--- ~- -~, : , ,,l~ con~o~, lot ~ ~~-'"~- ' ' ; ' .-. ~: 2T ~T~ ~SOL~O :ha: th~s ~eso~c:ton be t~co:Ce6 ~n the .~ . . ..._~ .~..... . - ... ;.'. · .. .. . ~- ~. , .~' .......... _ .......... 1.. ~ ~ut~c tht~ ~o~: ....:. ~.. .. .::. . ';.'.:..'.'~ .:~.- .. , ,....-:~:'.~.Zs::co~ss~on~,~~; , . ...... ..- . .,,..v::::..::~:.'.' . .' . . · ~ '9'j;.~'~;~. ;'. -',-~?~ ...... ~" '~' T":~'2'~: ~'' ~[-Z: ~=:~'ond~d b'~-'C~Issl°ner ': . . ..... .._ ~ - .....,- ..:_ .-- . . ~~:~ ..... ~, ..... :.~...~..~i~ ~~=~:.'~,~~t~ y.~c:- _ . .-. ...... :....~ ....... , ,~~~ · ~~ /~; '_ . -.-;-, ~'-:'~*"-'. .... %Z;~~~%...~ .... ~,4~. .... . . .. ~..~- ?:' · ~ r ~,-..:.-.~.* -~.,-. ~ ~..-.~ ...... ~ · , ....... · .~ - ?-~ .... ~ ......... - '-~ "~- z?' ~'~ ~-~---~,~~~~~.~ ..... -.. B. DATE: BY' COLJ~IF__~, 'COU~.~T¥ I~L~J,~;!NG CO.-~3CrSSION }-OR , 3%'CONDITIONFL USE PETITION The follo~'inG facts are found: S'ection 2.2.&.3.5 cf the Land Dev!opment Code authorized the conditional GrantinG the conditional use %'!!! not adversely affect the public interest and %'ill not adversely affect other property or us'es in the same district or neic.:~.~orhood because of: Consistency'"%'it2n the Land Development Cede and Gro'.~h ManaGeuent Plan: Yes /f No'. C- Ingress ~.nd e?ress to ]Drc.:~.rt? and proposed .structures thereon %'ith ~zrticular reference .~.utcmotive and pedestriln safety and convenience, traffic f!o'a and control, and access in case of fire or catastrophe: Add,date ingress & e~ress. Yes · ~-' C. Affects neighborly.G prop~%'~-es in r~lation to noise, glare, econouic cr edor effects: k_fec~ ;/ No affect .~r Affect cannot be mitiGate~ .D. Compatibility %'ith adjacent Dr6pertie.~ and other property in the district:. Compatible use vithin district Yes / Based on the above findings, this ccnditiona! use should, %'ith stipulations, (copy ~ttac'n.ed) (should not) recomnended, for approval- .. .~ast..{/2 of the ~;E 1/4 of the S~ 1/4 of th~ };E 1/4 of Section .... :3, Township 49 south; Range 25 E~st, .Collier county, tess and 'except the' north"305 feet.thereof, and t~o'rth BO5 ~:',[eet of.the lq~ 1/4.of the 'lIE 1/4 of the S~ 1/4 'of the 1;E :,of section 23, To-~nship 49 south, Rana. e 25 East, Collier County, '~Acces$ and utility easements over,~ ,long~ and ~cross t'.~.e Sout:~ 30 feet and the ~est 30 feet the_eo~. ¢ · EXECUTIVE SUMMARY RECOMMENDATION TO APPROVE FOR RECORDING THE FINAL PLAT OF "REPLAT OF TB3%CT B OF AIRPORT ROAD PLAZA" OBJECTIVE: To approve for recording the final plat of "Replat Of Tract B Of Airport Road Plaza", a subdivision of lands located in Section 36, Township 49 South, Range 25 East, Collier County, Florida. CONSIDERATION: Engineering Review Section has completed the review of the final plat of "Replat Of Tract B Of Airport Road Plaza". This document is in compliance with the County Land Development Code and Florida State Statute No. 177. All fees have been paid. There are no subdivision related improvements associated with this plat. Engineering Review Section recommends that the final plat of "Replat Of Tract B Of Airport Road Plaza" be approved for recording. FISCAL IMPACT: The fiscal impact to the County is none. The County will realize revenues as follows: Fund: 113 Agency: County Manager Cost Center: 138900 - Development Services Revenue generated by this project: Total: $450.00 Plat Review Fees GROWTH M3%NAGEMEN~P 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 "Replat Of Tract B Of Airport Road Plaza" with the following stipulations: 1. Authorize the recording of the Final Plat of "Replat B Of Airport Road Plaza." FEB 1 8 1997 Executive Summary Replat Of Tract B Of Airport Road Plaza Page 2 PREPARED BY: John R. Houldsworth, Senior Engineer Engineering Review Date REVIEWED BY: Thomas E. Kuck, P.E. Engineering Review Manager Donald W. Arnold Planning Services Director Vincent A. Cautero, Administrator Community Dev. and Environmental Svcs. Community Dev. and Environmental Svcs. DIVISION JRH:ew Community Dev. and Environmental Svcs. DIVISION Date Date Date FEB 1 8 1997 ~RT : 25 OF SECTION 36, EAST, COLLIER TOWNSHIP 49 5OU'I'H, COUNTY; FLORIDA. 55 ENTERPRISE AVE. EXCHANGE AVE. SECTION PROSPECT AVE. SITE LOCATION RADIO ROAD 36 SECTION 1 NOT GENERAL NOT[ Se EXECUTIVE S UP94ARY WATER JkND SEWER FACILITIES ACCEPT;tNCE FOR JOHNNY~ COVE OBJECTIVE: The Board of County Commissioners, Ex-Officio the Governing Board of the County Water-Sewer District, to accept the newly-constructed water and sewer facilities to serve Johnnycake Cove and authorize the recordation of the appropriate legal documents. CONSIDERATIONS: 1) The developer of Johnnycake Cove has constructed the water and sewer facilities within dedicated utility easements to serve this development. See attached location map. 2) Deed, Bill of Sale and other related documents have been submitted to Engineering Review Services in order for the County to accept the water and sewer facilities in accordance with County Ordinances 78-10 and 79-33. 3) The water and sewer facilities will be, upon acceptance by the Board, operated and maintained by the County Utilities Division under a one (1) year maintenance guarantee furnished by the developer. 4) The on-site inspection of the sewer facilities and water facilities has been conducted by the County Engineering Inspection section with the finding that the water and sewer facilities have been constructed in accordance with County Ordinances and Regulations. 5) The legal documents have been reviewed by the County Attorney and are legally sufficient for acceptance by the Board. 6) A cash bond in the amount of $3,296.30 has been accepted as surety. FISCAL IMPACT: The water and sewer facilities were constructed without cost to the County Water-Sewer District. During the first year, the water and sewer facilities are under a Contractual Guarantee. After that time, the cost of operating and maintaining the water facilities will be paid by monthly user revenues. FEB 1 8 1997 Executive Summary Johnnycake Cove Page Two GROWTH pU~NAGEP~ENT IMPACT: The sewer facilities will be connected to the North County Regional Wastewater Treatment Plant and the water facilities to the County Regional Water Treatment Plant. This project will not create a new impact, as it has been planned for within facilities available at present RECOPR~ENDATIONS: That the Board of County Conunissioners, Ex-Officio the Governing Board of the County Water-Sewer District, accept the water and sewer facilities for Johnnycake Cove, with the following stipulations: The water and sewer facilities to serve the project cannot be placed into service and no Certificate of Occupancy shall be issued until the following items have been furnished: 1) Florida Department of Environmental Regulation furnishes a letter authorizing the placement of these systems into service, and; Bacteriological testing has met the County's requirements, 2) and; 3) The Fire Flow requirements of the project have been satisfied, and the Fire District furnishes a letter accepting the fire hydrant for ownership and maintenance 4) Receipt of payment for water usage from Utilities for bacteriological testing 5) That the Board of County Commissioners accept as surety the deposit of the cash bond in the amount of $3,296.30. PREPA3IED BY: Shirley.Nix, E~ineering Technician II REVIEWED BY: Date Thomas E. Kuck, P.E. Engineering Review Services Manager Date Executive Summary Johnnycake Cove Page Three Donald W. Arnold, AICP P~c~ Department~Director Vincent A. Cautero, Administrator COM>~UNITY DEVELOPMENT AND ENVIRONMENTA SERVICES attachments Date Date FEB 1 8 1997 Pg, ,.~ C.~. 888 PROJECT LOCATION C (C.R. e~) LOCATION MAP FEB 1 8 1997 County of Collier{~ BOARD OF COUNTY COMMISSIONERS cocu£acot, mrm, co~amou$£ 3301 T~ T~ ~T BY: RECEIPT: PAYOR: REF: DEPUTY CLERK 1372986 CLYDE OUINBY TRUSTEE JOHNNYCAKE COVE 008003419 3466 SN OFFICIAL RECEIPT When V~lid~¢d UN. ID ~: 572~D0 0L~.,0/97 OESCF~IPTION AMOUNT OUE DEPOSITS - COMMUNITY OEVELOP 3296.30 1.5 AKF F~ID: ,32~,.~0 DEPT: DSC: PROJECT REVIEW SERVICES TOTAL DUE: 3296.30 FEB 1 8 1997 0 0 AGENDA JT,E,M FIB 1 8 EXECUTIVE S~RY LIEN RESOLUTION - CODE ENFORCEMENT CASE NO. 60621-053 RECORD OWNER CLAUDE E LA RUE OBJECTIVE Board to accept report and adopt Resolution assessing a lien against the parcel in order to recover public funds expended to effect the abatement of a public nuisance at this location, all as provided for in Ordinance 91-47, the Collier County Weed, Litter and Plant Control Ordinance. CONSIDERATION Case Summary: a. Violation determination b. Notice of Violation served c. Verification of unabated nuisance d. Nuisance abated with public funds e. Owner invoiced for costs FISCAL IMPACT 07/01/96 O7/O5/96 09/11/96 09/17/96 09/19/96 Reimbursement of $245.00 may be anticipated by voluntary action or foreclosure. GROW'EH MANAGEMENT IMPACT Not applicable. RECOFIMEN-DATION That the Board of County Commissioners adopt, the Resolution. PREPARED BY: MER SERVICE REPRESENTATIVE APPROVED BY: Vincent A. Cautero, Administrator Conununity Dev. & Envirom_mental Svcs. DATE:~ DATE: FEB 1 8 1997 I:'~o _'L. ~OLLXER ~OU~T¥, FLORXDA LEG~L ~OTX~E OF ASSE$$~Fr OF LXE~ Claude E La Rue DATE: 7012 Chadwell Rd SW Huntsville, AL 35802 P~EFERENCE 60621-053 #62092120004 LIEI~ HUMBER: LEGAL DESCRIPTION: Lot 9, Block 4, NAPLES MANOR ADDITION, according to the plat thereof, on file and recorded in Plat Book 3, Pages 67 and 68 of the Public Records of Collier County, Florida. You, as the owner of the property above described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Ccmpliance Services Manager, did on 7/2/96, order the abatement of a certain nuisance existing on the above property prohibited by Ordinance 91-47, serving notice thereof upon you, such nuisance being: Prohibited accumulation of non-protected mowable vegetation in excess of 18" in height in a subdivision other than Golden Gate Estates. Prohibited dumping, accumulation, storage or burial of litter, waste or abandoned property. You failed to abate such nuisance; whereupon, it was abated by the expenditure of public funds at a direct cost of $45.00 and administrative cost of $200.00 for a total of $245.00. Such costs, by Resolution of the Board of County Cor~,issioners of Collier County, Florida, have been assessed against the above property on and shall become a lien on the property thirty (30) days after such assessment. You may request a hearing before the Board of County Commissioners to show cause, if any, why the expenses and charges ~ncurred by the County under this Ordinance are unwarranted or excessive or why such expenses should not constitute a lien against the property. Such request for hearing must be made to the Clerk of the Board of County Commissioners, Government Center, Naples, Florida 34112 in writing within thirty (30) days from the date of this assessment to be valid. CLERK, BOARD OF COUNTY COMMISSIONERS CSce 9- 1/93 FEB 1 8 1997 RE.qOIJITIO,'I NO. ,ir,. PROVIDING FOR ASSESS51EHT Of: I, IEN, FOR TIlE COST OF THE ABATEMENT Of PUBI, IC IIUISAHCE, IN ACCORDANCE WiTH ORDI~:AHCE 91-47. WHEREAS. as provided xn Ordinance 91-47. the direct costs of abatement of certain nUl:;.H~(:c~.;. ~nclndin,! [,rc:iCrlbCd ~Jdm~n~st. rat]ve cost ~ncurred by the County. sba] 1 bu ~ssessed against such proper%y; and %.;HEREAS. the cost thereof to the Count'/ as to each parcel shall be calculated and reported t.o the {!oard n! Connty Commissioners. together w~h a description of sa~d parcel; and WHEREAS, such assess?.ent s.hall be a legal, valid and b~nding obligation upon the property aqa~r',.~t which made until pa~d; and WHEREAS. the assessment shall become due and payable thirty (30) days after the ma~tlng of N~t~ce of ;.st;en~;ment nfter which interest shall accrue at a rate of twelve percent {12.0%) per annum on any unpaid port,on thereof, NC>I. THEREFORE. BE IT RESOLVED BY TIlE BOARD OF COUNTY CO>U<[SSIO~;ERS OF COLL.tER COlK;TY. FI.O~IDA. that the property described as follows, and havlng been abated cf a publ]c n~:sance after due and proper notice thereof ~o the owner of said property, is hereby assessed the fcilc'~mg costs of such abatement, to w~t: Claude E La Rue 7012 Chadwell Rd SW Huntsville. AL 35802 Lot 9. Block 4. NAPLES ~;OR $245.00 ADDITION. according to the plat thereof, on file and recorded in Plat Book 3, Pages 67 and 68 of the Public Records of Collier County. Florida. REFERENCE: 60621-053 W62092120004 The Clerk of the Board shall mail a notice of assessment of lien to the owner or owners of the above described property, and if such owner fails to pay such assessment within thirty (]0) days hereof, a certified copy of this Resolution shal! be recorded in the official records of Collier County. tn constitute a lien against such property according to law. unless such direction is stayed by this Board upon appeal of the assessment of the owner. This Resolution adopted after motion, second and majority vote. DATED: ATTEST: Dt'IIGIIT E. BROCK, CI,ERK B~)ARD OF COUNTY COMMISSIONERS COI.I.IER COIINTY. FI.ORIDA APPROVED AS TO FORM A~4D LEGAL SUFFICIENCY: COUNTY ATTORNEY CSce 11 - 1/96 BY: TIMOTHY L. HANCOCK. CHAIRMAN FEB 1 8 P~. EXECUTIVE S~RY LIEN RESOLUTION CODE ENFORCEMENT CASE NO. 60621-031 RECORD OW/~ER - ROSA DE CORES TERESITA MENDEZ OBJECTIVE Board to accept report and adopt Resolution assessing a lien against the parcel in order to recover public funds expended to effect the abatement of a public nuisance at this location, all as provided for in Ordinance 91-47, the Collier County Weed, Litter and Plant Control Ordinance. CONSIDERATION Case Summary: a. Violation determination b. Notice of Violation served c. Verification of unabated nuisance d. Nuisance abated with public funds e. Owner invoiced for costs FISCAL IMPACT Reimbursement of $245.00 may be action or foreclosure. 06/19/96 undeliverable 09/11/96 09/17/96 09/19/96 anticipated by voluntary GROW'EH M3LNAGEMENT IMPACT Not applicable. RECO~94EN-DATION That the Board of County Commissioners adopt the Resolution. PREPARED BY: Virg~ia Pack SEN/OR CUSTOMER SERVICE REPRESENTATIVE APPROVED BY: ~A/C//autero~~tor Community Dev. & Environmental Svcs. DATE: ~o. ~ FEB 1 8 1997 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN Rosa De Cores Teresita Mendez 7817 SW 119=h Rd Miami, FL 33183 DATE: REFERENCE 60621-031 #62155920002 LIEN NUMBER: LEGAL DESCRIPTION: Lot 16, Block 9, NAPLES PtkNOR AlUMaX, according to the plat thereof, recorded in Plat Book 1, Page 110 of the Public Records of Collier County, Florida. You, as the owner of the property above described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Compliance Services Manager, did on 6/21/96, order the abatement of a certain nuisance existing on the above property prohibited b}, Ordinance 91-47, serving notice thereof upon you, such nuisance being: Prohibited accumulation of non-protected mowable vegetation in excess of 18" in height in a subdivision other than Golden Gate Estates. You failed to abate such nuisance; whereupon, it was abated by the expenditure of public funds at a direct cost of $45.00 and administrative cost of $200.00 for a total of $245.00. Such costs, by Resolution of the Board of County Commissioners of Collier County, Florida, have been assessed against the above property on and shall become a lien on the property thirty (30) days after such assessment. You may request a hearing before the Board of County Commissioners to show cause, if any, why the expenses and charges incurred by the County under this Ordinance are unwarranted or excessive or why such expenses should not constitute a lien against the property. Such request for hearing must be made to the Clerk of the Board of County Commissioners, Government Center, Naples, Florida 34112 in writing within thirty (30) days from the date of this assessment to be valid. CLERK, BOARD OF COUNTY COMMISSIONERS CSce 9- 1/93 AGE T FEE 1 8 1997 RESOLUTIOII rlo. 97- A RESOLUTIOH OF TIlE BOARD OF COIJNTY COt4t4ISSIOHERS FROVIDIt~G FOR ASSESSI4E~IT OF LIEN, FOR THE COST OF THE ABATEhIE~;T OF PUBLIC ~IUISAIICE, III ACCORDANCE W[TII ORDINANCE 91-47. WHEREAS, as provided in Ordinance 9~-47, the direct costs of abatement of certain nuisances, including prescribed administrative ccst ~ncurred by the County, shall be assessed against such property; and %':HEREAS, the cost thereof ~o the County as to each parcel shall be calculated and reported to the Board of County Commissioners, together w~th a description of said parcel: and %qHEREAS, such assessment shall be a legal, valid and binding obligation upon the property against which made until paid; and WHEREAS, the assessment shall become due and payable thirty {30) days after Lhe mailing of t;oLice of Assessment after which interest shall accrue at a rate of twelve percent (~2.0%) per annum on any t;npa~d ~crt~c~ thereof. :lC%.;, THEREFORE, BE IT RESOLVED BY THE BOARD OF CO~TY C©>U4ISSIOH£RS OF COLLIER C©UHTY, FLOR]DA, that the property descrLbed as follows, and having been abated of a public nuisance after due and proper notice thereof to the owner of said property, is hereby assessed the follow,nE costs of such abatement, [o wit: ~;AME: LEGAL DESCRIPTION: COST Rosa De Cores Teresita Mendez 7817 SW 119~ Rd Hiami, FL 33183 REFERENCE: 60621-031 #62155920002 Lot 16, Block 9, NAPLES MA~4OR A34%~X, according to the plat thereof, recorded in Plat Book l, Page 110 in the Public Records of Collier County, Florida. S245.00 The Clerk of the Board shall mail a notice of assessment of lien to the owner or owners of the above described property, and if such owner fails to pay such assessment w~thin thirty {30) days hereof, a certified copy of this Resolution shall be recorded in the official records of Collier County, to constitute a lien against such property according to law, unless such dlrection ~s stayed by this Board upon appeal of the assessment of the owner. This Resolution adopted after motion, second and majority vote. DATED: ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIOt~ERS COI,I,IER COIINTY, FI,ORIDA APPROVED AS TO FORM M~D LEGAL SUFFICIENCY: DAVID WEIGEL COMITY ATTORNEY CSce 11 - 1/9~ BY: TIi'4OTItY L, HANCOCK, CHAIRMAN FEB 1 8 1997 Pi. EXECUTIVE SUMMARY LIEN RESOLUTION CODE ENFORCEMENT CASE NO. 60502-067 RECORD OWNER - GUY J IARUSSI ET OBJECTIVE Board to accept report and adopt Resolution assessing a lien against the parcel in order to recover public funds expended to effect the abatement of a public nuisance at this location, all as provided for in Ordinance 91-47, the Collier County Weed, Litter and Plant Control Ordinance. CONSIDER~kTION Case Summary: a. Violation determination b. Notice of Violation served c. Verification of unabated nuisance d. Nuisance abated with public funds e. Owner invoiced for costs FISCAL IMPACT 05/09/96 05/20/96 06/10/96 08/16/96 08/21/96 Reimbursement of $2,680.93 may be anticipated by voluntary action or foreclosure. GROWTH MANAGEMENT IMPACT Not applicable. RECOMMENDATION That the Board of County Commissioners adopt the Resolution. PREPARED BY: Virgin/i~ Pack SENIORJCUSTOMER SERVICE REPRESENTATIVE APPROVED BY: Vincent A. Cautero, Administrator Conununity Dev. & Envirornnental Svcs. DATE: FEB 1 8 1997 pgo BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSP[ENT OF LIEN Guy J Iarussi ET UX 788 Park Shore Dr Apt F-25 Naples, FL 33940 DATE: REFEP~ENCE 60502-067 #57700360008 LIEN NL~fBER: LEGAL DESCRIPTIOI:: Lot 9 of Linda Park, a Subdivision of Lot 51 of NAPLES GROVE AND TRUCK CO'S LITTLE FARMS NO. 2, less State Road right-of-way, according to the plat thereof in Plat Book 4, Page 19 of the Public Records of Collier County, Florida. You, as the owner of Lhe property above described, as recorded in the records maintained by the office of the Property Appraiser, are hereby adv:sed t?~at the Compl:ance Services ~anager, did on 5/14/96, order the abaterer, t of a certa:n nu:sance existing on the above property prohibited ~./ ~rdlmance 91-47, £er'.'lng not,ce thereof upon you, such nuisance Accu~nulation of prohibited exotics on unimproved land located within 200' of improved, subdivided property. Prohibited dumping, accuanulation, storage or burial of litter, waste or abandoned property. Melelucas, Austrailian pine trees, chairs, tables, clothes, cushions, rugs, paper, bottles, plastic, glass, wood, etc. You failed to abate such nulsance; whereupon, it was abated by the expenditure of public funds at a d~rect cost of $2480.93 and administrative cost of $200.00 for a total of $2680.93. Such costs, by 9esolution of the Board of Cousty Commissioners of Collier County, Florida, have been assessed against the above property on and shall become a lien on the property thirty (30) days after such assessment. You may request a hearing before the Board of County Commissioners to show cause, if any, why the expenses and charges incurred by the County under this Ordinance are unwarranted or excessive or why such expenses should not constitute a lien against the property. Such request for hearing must be made to the Clerk of the Board of County Convnissioners, Government Center, ~laples, Florida 34112 in writing within days from the date of this assessment to be valid. CLERK, BOARD OF COUNTY CO~dMISSIONERS CSce 9- 1/93 FEB 1 8 '1997 RESOLUTIOt~ t~O. 96- A RESO[,UTIOtl OF' Tile BOARD ~F' COIItITY CO~.lb~I.qSIONERS PROVIDItIG FOR ASSESSNEtIT OF I,IEti. FOR Tile COST OF Tile ABATEb~ENT OF PUBLIC NtJISArlCE, IN ACCORDANCE WITII ORDINA~ICE 91-4'~. ~';HEREAS, as provided in Ordinance 91-47, the direct costs of abatement o~ certain nuisances, including prescribed administrative cost incurred by the County, shall be assessed against such property; and WHEREAS, the cost thereof to [he County as to each parcel shall be calculated and reported to the Board of County Commissioners, together with a description of said parcel; and WHEREAS, such assessment shall be a legal, valid and binding obligation upon the properly against which made until paid; and WH£REAS. the assessment shall become due and payable thirty (30) days after the mailing of t;otlce of Assessment after which interest shall accrue at a rate of twelve percent (X2.0%) per annum on any unpaid portion thereof. EOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF CO~;TY C©:4~.IISSI©:;ERS OF COLLIER CO~JTY, FLORIDA, that the property described as follows, and having been abated of a public nuisance after due and proper notice thereof to ~he owner of said property, is hereby assessed the following costs of such abatement, to wit: Guy J Iarussi ET tTX 788 Park Shore Dr Apt F-25 ~aples, FL 33940 ~AL DESCRIPTI__ON__L COST Lot 9 of Linda Park, a $2690.93 Subdivision of Lot 51 of NAPLES GROVE AJ~D TRUCK CO'S LITTLE FARMS NO. 2, less State Road right-of-way, according to the plat thereof in Plat Book 4, Pag. 19 of the Public Records of Collier County, Florida. REFERENCE: 60502-067 #57700360008 The Clerk of the Board shall mail a notice of assessmen~ of lxen to the owner or owners of [he above described property, and if such owner falls to pay such assessment within thirty (30) days hereof, a certified copy of this Resolution shall be recorded in the official records of Collier County, to constitute a lien against such property according to law, unless such direction is stayed by this Board upon appeal of the assessment of the owner. This Resolution adopted after motion, second and majority vote. DATED: ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COt4MISSIONERS COLLIER COUNTY. FLORIDA APPROVED AS TO FORM AND LEGAL SUFFICIE~:CY: COUTITY ATTORtlEY CSce 11 - 1/96 BY: 'TIblOTHY L. HANCOCK, Ct{AIRHAN FEB 1 8 1997 Pi- '~ EXECUTIV___~ESUMMARY RECOM~ENDATION TO APPROVE "W]{ITTENBERG VILLAS" FOR RECORDING THE FINAL PLAT OF OBJECTIVE: To approve for recording the final plat of "Whittenberg Villas", a subdivision of lands located in Section 6, Township 50 South, Range 26 East, Collier County, Florida. CONSIDERATION: Engineering Review Section has completed the review of the construction drawings, specifications, and final plat of "Whittenberg Villas". These documents are in compliance with the County Land Development Code and Florida State Statute No. 177. All fees have been paid. It is the intent of the developer to record the plat prior to construction of the improvements. The security in the amount of 110% of the total cost of the required improvements is being covered by construction, maintenance and escrow agreement. This would be in conformance with the County Land Development Code - Division 3.2.9. Engineering Review Section recommends that the final plat of "Whittenberg Villas" be approved for recording. FISCAL IMPACT: The fiscal impact to the County is none. The project cost is $683,091.39 (estimated) to be borne by the developer. The cost breakdown is as follows: a) Water & Sewer - $301,870.78 b) Drainage, Paving, Grading - $381,220.61 The Security amount, which exceeds the required 110% of the project cost, is $752,400.00 The County will realize revenues as follows: Fund: 113 Agency: County Manager Cost Center: 138900 - Development Services Revenue generated by this project: Total: $13,107.48 Fees are based on a construction estimate of $683,091.39 and were paid in October, 1 96. ^GE~T~ \ FEB 1 8 1997 Executive Summary Whittenberg Villas Page 2 The breakdown is as follows: a) Plat Review Fee ($425.00 + $4./ - $ 589.32 b) c) Paving, Grading (1.275% const, est.) GROWTH MANAGEMENT IMPACT: Construction Drawing Review Fee Water & Sewer (.50% const, est.) - $1,509.35 Drainage, Paving, Grading (.425% const, est- $1,620.19 Construction Inspection Fee Water & Sewer (1.5% const, est.) - $4,528.06 Drainage, - $4,860.56 The Concurrency Waiver and Release relating to conditional approval has been reviewed and approved by the County Attorney's Office for the project. RECOMMENDATION: That the Board of County Commissioners approve the Final Plat of "~;hittenberg Villas" with the following stipulations: Accept the Construction, Maintenance and Escrow Agreement as security to guarantee completion of the subdivision improvements. Authorize the recording of the Final Plat of "Whittenberg Villas." Authorize the Chairman to execute the attached construction, maintenance and escrow agreement. 4 o That no Certificates of Occupancy be granted until the required improvements have received preliminary acceptance. PREPARED BY: John R. Houldsworth, Senior Engineer Engineering Review REVIEWED~Y: Q~/-----~ Thomas E. Kuck, P.E. Engineering Review Manager Donald W. Arnold Vincent A. Cauter0, Administrator Co,unity Development & Environmental Services Date Date' Date FEB 1 8 1997 F E,AST NAPL ~,RD [XT. (~.1 31 32 RADIO ROAD (C.R. 856) PR, CT LO ',ATIO] (, ] N. r.$. 11 12 -0 18 17 16 T~CI~AS SON DR. RATT iNAKE HAMM0( JU__!L 9_f_~ ~/-~ I: 96.014 J LOCATION MAP WHI TTENBERG DEVEL OPMEN T CORPORA WHI TTENE£RC COASTAL ENGINEERING CONSULTANTS, INC. AGE T No, CONSTRUCTION MAINTENANCE AND ESCROW AGREEblENT FOR SUBDIVISION IMPROVEMENTS MAINTENANCE AND ESCROW AGREEMENT FOR THIS CONSTRUCTION, SUBDMSION IMPROVEMENTS entered into this 9/~/. day of. /"~ec e,, l,-,-- ,1996 by James H. Gorman as President of Whittenberg Development Corporation, a Florida Corporation, description of entity (hereinafter "Developer"), the Board of County Commissioners of Collier County, Florida, (hereinafter the "The Board") and AmSouth Bank of Florida (hereinafter "Lender"). RECITALS A. Developer has, simultaneously w/th the delivery of this Agreement, applied for the approval by the Board of a certain plat of a subdivision to be 'known as: WHITrENBERG B. The subdivision will include certain improvements which are required by Collier County ordinances, as set forth in a site construction cost estimate ("Estimate") prepared by Coastal Engineering Consultants, Inc., a copy of which is attached hereto and incorporated herein as Exhibit 1. For purposes of this Agreement, the "Required Improvements" are limited to those described in the Estimate. C. Sections 3.2.6.5.6 and 3.2.9.1 of the Collier County Subdivision Code Division of the Land Development Code requires the Developer to provide appropriate guarantees for the construction and maintenance of the Required Improvements. FEB 1 8 1997 Lender has entered into a construction loan agreement with Developer dated '~)~c. Iq q~ (the "Construction Loan") to fund the cost of the Required Improvements. E. Developer and the Board have acknowledged that the amount Developer is required to guarantee pursuant to this Agreement is $752,400.00, and this amount represents 110% of the Developer's engineer's estimate of the construction costs for the Required Improvements. NOW, THEREFORE, in consideration of the foregoing prerrdses and mutual covenants hereinafter set forth, Developer, the Board and the Lender do hereby covenant and agree as follows: 1. Developer will cause the water, sewer, roads, drainage and like facilities, the Required Improvements, to be constructed pursuant to specifications that have been approved by the Development Services Director within 36 months from the date of approval of said subdivision plat. 2. Developer hereby authorizes Lender to hold $752,400.00 from the Construction Loan, in escrow, pursuant to the terms of this Agreement. 3. Lender agrees to hold in escrow $752,400.00, from the Construction Loan, to be disbursed only pursuant to tkis Agreement. Lender acknowledges that this Agreement shall not constitute a draw against the Construction Loan fund, but that only such funds as are actually disbursed, whether pursuant to this Agreement or a provision of the Construction Loan, shall accrue interest. 4. The escrowed funds shall be released to the Developer only upon written approval of the Development Services Director who shall approve the release of the funds on deposit not more than once a month to the Developer, in amounts due for v FEB 1 8 1997 based on the percentage completion of the work multiplied by the respective work costs less ten percent (10%); and further, that upon completion of the work, the Development Services Director shall approve the release of any remainder of escrowed funds except to the extent of $68,400.00 which shall remain in escrow as a Developer guaranty of maintenance of the Required Improvements for a minimum period of one (1) year pursuant to Paragraph 10 of the Agreement. However, in the event that Developer shall fail to comply with the requkements of this Agreement, then the Lender agrees to pay to the County immediately upon demand the balance of the funds held in escrow by the Lender, as of the date of the demand, provided that upon payment of such balance to the County, the County will have executed and delivered to the Lender in exchange for such funds a statement to be signed by the Development Services Director to the effect that: (a) Developer for more than sixty (60) days after written notification of such failure has failed to comply with the requirements of this Agreement; (b) the County, or its authorized agent, will complete the work called for under the terms of the above-mentioned contract or will complete such portion of such work as the County, in its sole discretion, shall deem necessary in the public interest to the extent of the funds then held in escrow; (c) the escrow funds drawn do,an by the County shall be used for construction of the Required Improvements, engineering, legal and contingent costs and expenses, and to offset any damages, either direct or consequential, which the County may sustain on account of the 'failure of the Developer to carry out and execute and above-mentioned development work; and (d) the County will promptly repay to the Lender any portion of the funds drawn down and not expended in completion of the said development work. FEB 1 8 1997 Pgo ~ 5. Written notice to the Lender by the County specifying what amounts are to be paid to the Developer shall constitute authorization by the County to the Lender for release of the specified funds to the Developer. Pal, anent by the Lender to the Developer of the amounts specified in a letter of authorization by the County to the Lender shall constitute a release by the County and Developer of the Lender for the funds disbursed in accordance with the letter of authorization from the County. 6. The Required Improvements shall not be considered complete until a statement of substantial completion by Developer's engineer along with the final project records have been furnished to be reviewed and approved by the Development Services Director for compliance with the Collier County Subdivision Regulations. 7. The Development Services Director shall, within sixty (60) days of receipt of the statement of substantial completion, either: a) notify the Developer in writing of his preliminary approval of the improvements; or b) notify the Developer in writing of his refusal to approve the improvements, therewith specifying those conditions which the Developer must fulfill in order to obtain the Director of the Required Improvements. However, in no event shall the Development Services Director refuse preliminary approval of the improvements ff they are in fact constructed and submitted for approval in accordance with the requirements of this Agreement. 8. Should the funds held in escrow be insufficient to complete the Required Improvements, the Board, after duly considering the public interest, may at its option complete the Required Improvements and resort to any and all legal remedies against the Developer. 9. Nothing in this Agreement shall make the Lender liable for any funds other than those placed in deposit by the Developer in accordance with the foregoing provision; provided, that the Lender does not release any monies to the Developer or to any othel~ 4 FEB 1 8 1997 as stated in this Escrow Agreement. 10. The Developer shall maintain all Required Improvements for one year after preliminary approval by the Development Serv/ces Director. After the one year maintenance period by the Developer and upon submission of a written request for inspection, the Development Services Director shall inspect the Required Improvements and, if found to be still in compliance w/th the Code as reflected by final approval by the Board, the Lender's responsibility to the Board under this Agreement is terminated. The Developer's responsibility for maintenance of the Required Improvements shall continue unless or until the Board accepts maintenance responsibility for and by the County. 11. All of the terms, covenants and conditions herein contained are and shall be binding upon the Developer and Lender, the respective successors and assigns of the Developer and Lender. 5 uo./ FEB 1 8 1997 IN WITNESS WHEREOF, the Board, the Devef~per and the Lender have caused this Agreement to be executed by their duly authorized representatives this /'~et~L,.' , 1996. day of Signed, Sealed and Delivered in the presence of: ~Name Printed or Typed Nar~ - James H. Gorm~an as President of Wt)f~tenberg Development Corporation / Printed or Typed Name AmSouth Bank of Florida Printed or Typed Name Printed or Typed Name ATTEST: DMght E. Brock, Clerk BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA Approved as to form and legal sufficiency: ~.MDavid Weigel Collier County Attorney By:__ 6 ., Chairman FEB 1 8 1997 Pg' ~ EXHIBIT ENGINEER'S ESTIMATE OF PROBABLE CONSTRUCTION COST I. POTABLE WATER SYSTEM II. SANITARY SEWER SYSTEM III. DRAINAGE IV. PAVING, CONCRETE, MISCELLANEOUS $ 94,327.50 $207,543.28 $123,680.55 $25?.540.06 SUBTOTAL $683,091.39 TOTAL (ROUNDED TO NEAREST $100) 110% OF TOTAL $752,400.00 $684,000.00 FEB 1 8 1997 EXECUTIVE SUMMARY THE BOARD OF COUNTY COMMISSIONERS AUTItORIZE WAIVER OF ROAD IMPACT FEES, LIBRARY SYSTEbl IMPACT FEES, PARKS AND RECREATIONAL FACILITY IMPACT FEES, EMERGENCY MEDICAL SERVICES SYSTEM IMPACT FEES, WATER SYSTEM IMPACT FEES, SEWER SYSTEM IMPACT FEES AND EDUCATIONAL FACILITY SYSTEM IMPACT FEES FOR FOUR (4) SINGLE FAMILY ItOUSES TO BE BUILT BY IMMOKALEE HABITAT FOR ttUMANITY, INC. IN NAPLES MANOR AND TO FUND SAID WAIVERS FROM AFFORDABLE HOUSING TRUST FUND, FUND 191. To have the Board of County Commissioners authorize the payment of impact fees and to appropriate the funds for the waiver of Road Impact Fees, Library System Impact fees, Parks and Recreational Facility Impact Fees, Emergency Medical Services System Impact Fees, Collier County Regional Water Impact Fees, Collier County Regional Sewer Impact Fees, and Educational Facility System Impact Fees, for four (4) houses to be built by Immokalee Habitat for Humanity, Inc. with funds from the Affordable Housing Trust Fund, Fund 191. CONSIDERATIONS: Immokalee Habitat for Humanity, Inc. has submitted application for waiver of impact fees for the purchasers of four (4) houses to be built in Naples Manor that will sell to very Iow income families for approximately $46,500 each. The homes will be built on the following described properties. Lot 29, Block 13, Naples Manor Lakes, Plat Book 3 at Page 86 Lot 30, Block 13, Naples Manor Lakes, Plat Book 3 at Page 86 Lot 10, Block 13, Naples Manor Extension, Plat Book 3 at Page 101 Lot 27, Block 14, Naples Manor Addition, Plat Book 3 at Page 67 Immokalee Habitat for Humanity, Inc. has certified that the applicants will meet the requirements under the Impact Fee Waiver Ordinances as very low income, first time home buyers to qualify for Affordable Housing Impact Fee Waivers. FISCAL IMPACT; Funding for the proposed impact fee waiver is available in the Affordable Housing Trust Fund, Fund 191-138785. The total amount of impact fees requested to be waived is $24,678.08. Impact fee charges for the four (4) houses in Naples Manor would be itemized as FEB 1 8 1997 Executive Summary Naples Manor Page Two a) Library System Impact Fee $ 180.52 $ 722.08 b) Road Impact Fee 1,379.00 5,516.00 c) Parks & Recreational Impact Fee 1) Community Parks 399.00 1,596.00 2) Regional Parks 179.00 716.00 d) Emergency Services Impact Fee 14.00 56.00 e) Water Impact Fee 900.00 3,600.00 f) Sewer Impact Fee 1,340.00 5,360.00 g) School Impact Fee 1.778.00 ~22_[22~ TOTAL IMPACT FEES $6,169.52 $24,678.08 W ' N ~ · The impact fee ~vaivers will bring relief to the buyers of housing for very Iow income families in compliance with policy 1.5.2 of the Housing Element of the Gro,,vth Management Plan. That the board of County Commissioners approve the Resolutions and Agreements authorizing the waiver of impact fees for four (4) homes to be built in Naples Manor by Immokalee Habitat for Humanity, Inc. for very low income buyers and to pay for these impact fee waivers with State Housing Incentive Partnership [SHIP] program revenue funds. GM/ich'2/4/97 PREPARED BY: Housing'and Urban Improvement Date Vincent A. Cautero, Administrator Community Dev. And Environmental Svcs. jcL/c/naples manor Date FEE) 1 8 1997 P~.._~ t 8 9 lO Il 12 13 15 16 ~$ RESOLUTION NO. 97- RESOLUTION OF TIlE BOARD OF COUNTt' COMMISSIONERS, COI.I.II!R COLrNTY, FLORIDA, AUTHORIZING WAIVER OF REGIONAL WATER SYSTEM IMPACT FEES, REGIONAL SEWER SYSTEM IMPACT FEES, LIBR.A.RY SYSTEM IMPACT FEES, PARKS AND RECREATIONAL FACILITIES IMPACT FEES, ROAD IMPACTT FEES, EMERGENCY MEDICAL SERVICES IMPACT FEES AND EDUCATIONAL FACILITIES SYSTEM IMPACT FEES FOR ONE HOUSE TO BE CONSTRUC--I"ED BY IMMOKALEE HABITAT FOR I.[UMA.NITY. INC.. ON LOT 30, BLOCK 13, NAPkES MANOR L/~CES. NAPLES, FLORiDA. WHEREAS, Collier County I~s recognized and anempted to address the lack of adequate and affordable housing for moderate, Iow. and veq,'-low income households in the County and the need for cream,'e and mnovam,'e pro~,w~ms to assist in the provmon of such housing by including several provts~ons m ~he Colher Count)' Growth Management Plan, including: objective 1.4, pohcy 14 1; objccw,'e 1.5, pohc> I 52. pohcy I 5 3, policy I 5-I. 19 pohcy 1.S.S, pohcy I.S.6: objecm.'e 16, pohcy 163: objecn','c 2.1. pohcy 21 1. pohcy 2.1 2, pohcy 2 I 3. policy 20 2.1.5. and pohcy 2.1.6 of the t{oustng Element; and 21 \VItEKEAS, Colher Count)' has rece~','cd funding pursuant to the State Housing lnmanves Partnershtp 22 Program scl forlh in Secnon ~.20.907 Cl.._.$.~, Honda Statutes and Chapter 91-37, Florida Admm~stratwe Code. and 23 ",Vt{EREAS, in accorda, nce ~"~th Colher Count), Ordinance No. 93-19, the Count)' ~s authorized to use 2.1 funding from the State tIousmg lnmau'.'¢s Pannersh~p [StIIP] Program for '.vawers of Cother Count)' ~mpact fees; 25 and WHEREAS, Immokalee Hah,tat for Humamty, Inc. ~s seeking a wav,'er of ~mpact fees; and WHEILEAS. Immokalee ttabit::q for Humamty, Inc. will construct one (1) three-bedroom unxt (the 28 'Dwclhng Unit') on Lot 30, Block 13. Naples Manor Lakes v,.'hich ts proposed to sell for Forty-Six Thousand Fwe 29 Hundred Dollars ($46,500.00); and 30 WHEREAS. the Dv.'elling Unit ',,.'ill be purchased by a very Iow income household whtch ts required to 31 revest a minimum of five hundred (500) hours of"Sweat Equity' before it obtains role to the house; and 32 WHEREAS, Mr. Charles C. Smith, Vice President of Immokalee Habitat for ttumanity. Inc., submmed to 33 the Office of Housing and Urban Improvement an Affordable Housing Applicanon dated October 2.5. 1996 for a 3~, ~awer of impact fees for the construction of a house on Lot 30, Block 13, Naples Manor Lakes, a copy of satd 35 appltcation ~s on file in the Housing and Urban Improvement Department; and 36 ~,~.q-tEKEAS. in accordance with Section 3.04 of the Regional Water System Impact Fee Ordinance, 37 Ordinance No. 90-86, as amended; Section 3.04 of the Regional Sewer System Impact Fee Ordinance , Ordinance 38 No. 90-87, as amended; Section 3.04 of the Library System Impact Fee Ordinance, Ordinance No. 88-97, as 39 amended; Section 4.05 of thc Parks and Recreational Facilities Impact Fee Ordinance, Ordinance No. 88-96, as 40 amended; Section 3.04 of the Road Impact Fee Ordin~ce, Ordinance No. 92-22, as amended; Section 3.0.5 of the 41 Emergency Medical Services System Impact Fee Ordinance, Ordinance No. 91-71. as amended; and Section 3.05 of 42 the Educational Facilities System Impact Fee ordinance, Ordinance No. 92-33, as amended; an applicant may obtain ~x awer of ~mpact fees by quail lying for a waiver; and - 1 - NO. ~ FEB 1 8 1997 Pg, ~ I '~VHERE^$, Immokale¢ Ilabitat For Ilumanily, Inc. has quahficd for an mlpacl fee v.'av,'er based ul~n Iht 2 following rcprcscnUlions made by lmmoka~cc tlab~ for llumanHy, Inc,: 3 A. ~c Dwelling Unit shall ~ sold Io a first-lime home buyer. 4 B. ~c Dwclhng Un~ shall ~ sold to a household w~h avcO' Iow income level as Ihal Ic~ Is defined S in ~hc Appendices to Ihc rcspcchvc lmpacl Fcc Ordinances and thc mon:hly paymcn~ Io purchase thc 6 umt mus~ bc wHhm thc affordable housing gu~dchncs c~ahhshed ~n T rcs~chvc Impact Fcc Ordinances. ~ C. ~c Dwelling Unit shall ~ thc ltomcs~cad of~hc o~cr. 9 D. ~c Dwelling Unit s~ll remain affordable for fifteen (IS) years From ~hc da~c Ibc ccm~calc of ] 0 ~cup~cy is issued. I I NOW ~E~FO~, BE IT ~SOLVED BY ~IE BO~ OF CO~ COMMISSIONERS OF 12 COLLIER CO~, FLO~DA, tha~: 13 1. ~c Board of Coun~ Commissioners hcrcby authorizes Ibc Coun~ Managcr m ~ssuc an l ~ Authoh~tion for waiver of impact fees to Immokalcc HabHat for Humani~. Inc. for on~ ( 1 ) house 15 which shall ~ co~s~c~cd on Lot 30, Block 13, NapIcs Manor Lakes, Colhcr Counw, Florida. lb 2. U~n rccc~pl by ~hc ttousmg and Urban Improvement Director of an agrccmenl for waiver 17 impact fccs s~gncd by lmmokalcc Habitat For Humam~,, Inc., and'or Ihc purchaser, or other IS documentation acccp~blc ~o Ibc Caunty Attorney, thc Board o~ County Commissioners hereby 19 authorizes thc pa~cnt by CoIllcr Coun:y of thc following impacl fccs from Ibc Affordable Housing 20 Trust F~d, F~d (191). in thc following amours for thc one (I) house to bc buih on Lot 30, Bl~k 21 13, Naples Manor ~kcs by Immokalcc Habi~t for Humam~, [nc.: 22 A. Libra~ Impact Fcc S 180,52 23 B Road Impac~ Fcc 1,37900 24 C. Parks and RccrcaHonal Facilities 25 Impact Fcc: 26 (1) Co~i~ Pat~ 399.00 27 (2) Regional Par~ 179.00 2g D. EMS Impact Fcc 14.00 29 E. Educational Facilitics Syslcm 30 Impact Fcc 1,778.~ 31 F. Water Impact Fcc 900.00 32 G. Sewer Impacl Fcc 33 TOT~ IMPA~ ~ES $6,169.52 34 3. ~c pa~cnt of impact fees by Collier Co~ is subject to Ihc cxccuHon and recordation of an 35 a~cmcnt for waiver of Collier Co~ Impact Fccs ~ccn the pro~ o~cr an~or 36 purc~scr ~d ~¢ Co~, 37 AGEIyp& ITEM ~-'] FEB 1 8 1997 , I Th~s Resolution adopted after motion, second and majority ,.'otc favoring same. ['ED: 5 6 ATTEST: ? D\VIGIIT E, BROCK, Clerk $ 9 10 I1 I..2 13 14 Approved as ~o form and 15 legal sufficiency: 16 17 19 tt¢~dt F. A~hlon 20 Ass~stan! County Atlomey 21 22 23 jd.'gm'c/naples ma.nor lakes.'reso 25 26 2'7 28 29 30 31 32 36 37 3g 39 40 41 42 43 .14 45 .19 50 52 5.1 55 58 59 60 61 62 63 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY. FLORJDA By:, T~mothy L. Hancock, Chatrman AGE~D^ ITEM No. ~ FEB 1 8 1997 Pg. __,,,.-~ 1 lo l! 13 20 21 23 27 2~ 3O 31 33 34 3~ 3~ 3~ EXIIIBIT "'A" LEGAL DESCRIPTION LOT 30 OF BLOCK 13, NAPLES MANOR LAKES, ACCORDING TO TIlE PLAT BOOK TIIEREOF, AS RECORDED IN PLAT BOOK 3, AT PAGE 86, OF TilE PUBLIC RECORDS OF COLLIER COUNTY FLORIDA. FEB 1 8 1997 AGREEMENT FOR XVAIVER OF COLLIER COUNTY IMPACT FEES This Agreement for the Waiver of Impact Fees entered into this _ day of __ 1997, by and between the Board of County Commissioners of Collier County, Florida, hereinaflcr referred to as "COUNTY" and hnmokalec Habitat for Humanity, Inc., hereinafter referred to as "O\VNER." WITNESSETH: WHEREAS, Collier County Ordinance No. 90-86, as amended, the Collier County Regional Water System Impact Fee Ordinance; Collier County Ordinance No. 90-87, as amended, the Collier County Regional Sewer System Impact Fee Ordinance; Collier County Ordinance No. 88-97, as amended, the Collier County Library System Impact Fee Ordinance; Collier County Ordinance No. 88-96, as amended, the Collier County Parks and Recreational Facilities Impact Fee Ordinance; Collier County Ordinance No. 91-71, as amended, the'Collier County Emergency Medical SeN'ices System Impact Fee Ordinance; Collier County Ordinance No. 92-22, as amended, the Collier County Road Impact Fcc Ordinance; and Collier County Ordinance No. 92-33, as amcndcd, the Collier County Educational Facilities System lmpact Fee Ordinance, as they may be further m'ncnded from time to time hereinafter collectively referred to as "Impact Fee Ordinance", provide for waivers of impact fees for new owner-occupied dwelling unit qualifying as affordable housing; and WHEREAS, OV~q'4ER has applied for a waiver of impact fees as required by the Impact Fee Ordinance, a copy of said application being on file in the office of Housing and Urban Improvement; and WHEREAS, the County Manager or his designee has reviewed the OV~q'4ER's application and has found that it complies with the requirements for an affordable housing waiver of impact fees as established in the Impact Fee Ordinance; and WHEREAS, the impact fee waiver shall be presented in lieu of payment of the requisite impact fees subject to satisfaction of all criteria in the Impact Fee Ordinance qualifying the project as eligible for an impact fee waiver; and FEB 1 8 1997 WHEREAS, the COUNTY approved a waiver of impact fees for O\VNER embodied in Resolution No. 97- at its regular meeting of ,1997; and WHEt:LEAS, the Impact Fee Ordinance requires that the OWNER enter into an Agreement with the COUNTY. NOW, THEREFORE, in consideration of the foregoing recitals, the parties covenant and agree as follows: 1. RECITALS INCORPORATED. The foregoing recitals are true and correct and shall be incorporated by reference herein. 2. LEGAL DESCRIPTION. The legal description of the dwelling unit (the "D',velling Unit") is attached hereto as Exhibit "A" and incorporated by reference herein. 3. TERM. OWNER agrees that the Dwelling Unit shall remain as affordable housing in accordance with the standards set forth in the appendices to the Impact Fee Ordinance for a period of fifteen (15) years commencing from the date the certificate of occupancy is issued for the Dwelling Unit. 4. REPRESENTATIONS AND WARRANTIES. O\~,~WER represents and warrants the following: a. The Dwelling Unit shall be sold to a household with a ,,'er)' Iow income as defined in the appendices to the Impact Fee Ordinance and hisq~er monthly payments to purchase the Dwelling Unit shall be within the affordable housing guidelines established in the appendices to the Impact Fee Ordinance; b. The Dwelling Unit shall be sold to a first-time home buyer; c. The Dwelling Unit shall be the homestead of owner; d. The Dwelling Unit shall remain as affordable housing for fifteen (15) years from the date the certificate of occupancy is issued for the Dwelling Unit; and e. OWNER is the owner of record of the Dwelling Unit and ov.'es impact fees in the total amount of S6,169.52 pursuant to the. Impact Fee Ordinance. In return for the waiver of the impact fees owed - 2 - FEB 1 8 1997 Pi[. (~ O\VNER covenants and agrees to comply with the affordable housing impact fee waiver qualification criteria detailed in tile Impact Fcc Ordinance. 5. SUBSEQUENT TRANSFER. If OWNER sells the Dwelling Unit subject to the impact fee waiver to a subsequent purchaser, the Dwelling Unit shall be sold only to households meeting the criteria set forth in the Impact Fee Ordinance. 6. AFFORDABLE REQUIREMENT. The Dwelling Unit must be utilized for affordable housing for a fifteen (15) year period after the date the certificate of occupancy is issued; and if the Dwelling Unit ceases to be utilized for that purpose during such period, the impact fees shall be immediately repaid to the COUNTY. 7. LIEN. The waived impact fees shall be a lien upon the Dwelling [.Init on the effective date of this Agreement; which lien may be foreclosed upon in the event of non-compliance with the requirements of this Agreement. 8. RELEASE OF LIEN. Upon satisfactory completion of the Agreement requirements and fifteen (15) years after the date of issuance of the certificate of occupancy, or upon payment of the waived impact fees, the COUNTY shall, at the expense of the COUNTY, record any necessary documentation evidencing the termination of the lien, includi~g, but not limited to, a release of lien. 9. BINDING EFFECT. This Agreement shall be binding upon the panics to this Agreement and their respective heirs, personal representatives, successors and assigns. In the case of sale or transfer by gift of the Dwelling Unit, the original O\~,2qER shall remain liable for the impact fees waived until said impact fees are paid in full or until the conditions set forth in the Impact Fee Ordinance are satisfied. In addition, this Agreement shall run with the land and shall remain a lien against the Dwelling Unit until the provisions of Section 8 are satisfied. 10. RECORDING. This Agreement shall be recorded by OWNER at the expense of OWNER in the Official Records of Collier County, Florida, within fifteen (15) days after execution of this Agreement by the Chairman of the Board of County Commissioners. I1. DEFAULT. OWNER shall be in default of this Agreement (1) fails to with the affordable housing standards and qualification criteria establish, - 3 - NO. ~ in the I FEB 1 8 11197 Fee Ordinance and thereafter fails to pay the impact fees due within thirly (30) days of said ,~ort-con',pliance, or (2) where OWNER violates one of the affordable housing qt, alification criteria in the Impact Fee Ordinance for a period of fifteen (15) days after notice of the violation. 12. REMEDIES. Should the OWNER of the property fail to comply with the said qualification criteria for fifteen (15) days after notice of violation, or should OWNER violate any provisions of this Agreement, the impact fees waived shall be paid in full by OWNER within thirty (30) days of said non-compliance. OWNER agrees that the impact fees waived shall constitute a lien on the Dwelling Unit commencing on the effective date of this Agreement and continuing for fifteen (15) years from the date of issuance of the certificate of occupancy or until repaid. Such lien shall be superior and paramount to the interest in the Dwelling Unit of an5' owner, lessee, tenant, mortgagee, or other person except the lien for County taxes and shall be on parity with the lien of any such County taxes. Should the O\\qWER be in default of this Agreement and the default is not cured within (30) days after written notice to O\~,qX'ER, the Board may bring a civil action to enforce this agreement. In addition, the lien may be foreclosed or othe~vise enforced by the COUNTY by action or suit in equity as for the foreclosure of a mortgage on real property. This remedy is cumulative with any other right or remedy available to the COUNTY. The Board shall be entitled to recover all fees and costs, including attorneys fees, incurred by the Board in enforcing this agreement, plus interest at the statutory rate for judgments calculated on a calendar day basis until paid. IN WITNESS WI-IEREOF, the parties have executed this Agreement tbr \Vaiver of Impact Fees on the date and year first above written. - 4 - V,/itnesses: Print Name .~, d t/~r> A/ OWNERS: IMMOKALEE HABITAT FOR HUMANITY, INC. Charles C. S~,~e President NO. ~ FEB 1 8 1997 DATED: ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: Timothy L. Hancock, Chairman Approved as to form and legal sufficiency Heidi F. Ashton Assistant County Attorney STATE OF ~~.) COUNTY OF iTsll.Ni__) The foregoing instrument was acknowledged before me this . . by Charles C. Smith, to me. [NOTARIAL SEAL] ,,7' . da5' of :.'-' .... 199tg. Vice President oflmmokalec Habitat for Humanity, Inc. I2i~'is personally known Sig~Ja~re of Person Taking Acknov, le.4tgment Name of Acknowledger Typed, Printed?r Stamped .',X'JT,~.RY i~,.,'?.Ll:2 5'rAlz :.~r' I t_G.,Z,,,q,..,.ON ,,NC . t ........ [ I~,?F CO?ML~SION F.;:P..MAY ~-'kl.lf/'.,8 ] jcl/gm/c/naples manor lakes/agree AGE~D,~ II*El~ No. 1~fig,.)(?) FEB 1 8 1997 EXttIBIT "A" LEGAL DESCRIPTION LOT 30 OF BLOCK 13, NAPLES MANOR LAKES, ACCORDING TO THE PLAT BOOK THEREOF, AS RECORDED rN PLAT BOOK 3, AT PAGE 86, OF THE PUBLIC RECORDS OF COLLIER COUNTY FLORIDA. FEB 1 8 1997 7 $ 9 lO ~2 R. ESOLUTION NO. 97-~ RESOLUTION OF TIlE BOARD OF COUNTY COMMISSIONERS. COLLIER COUNq'Y, FLORiDA, AUTHORIZING WAIVER OF REGIONAL WATER SYSTEM Lx, tPAC-f FEES, REGIONAL SEWER SYSTEM LM. PACT FEES, LIBRARY SYSTEM LMPACT FEES, PARKS AND RECRF_.ATIONAL FACILITIES I2,IPACT FEES, ROAD IMPACT FEES, EMERGENCY MEDICAL SERVICES IMPACT FEES AND EDUCATIONAL FACILITIES SYSTEM IMPACT FEES FOR ONE ttOUSE TO BE CONSTRUC'q'ED BY IMMOKALEE IIABITAT FOR }tUMANITY, INC., ON LOT 29, BLOCK 13, NAPLES MANOR LAKES, NAPLES, FLORiDA. %~.q-IEREAS, Collier County has recognized and attempted to address thc lack of adequate and affordable 16 housing for moderate. Iow, and very-low income households in the County and the need for creaUve and mnovaW,'¢ 17 programs to assm m the provmon of such housing by including s¢vcral provmons m thc Colhcr County Gm~lh IS Management PI~. including: objective 1.4, ~hc7 IAI; objcclwc 1.5, pohcy 1.52, pohcy 1.53, pohcy 1.5.4, 19 pohcy I 5.5. ~hcy 1.5 6; oblcclwc 1.6. ~hcy 163; objecuvc 2.1. ~licy 2 11, pohcy 2.1.2, pohcy 2.13, pohcy 20 2.1.5. and pohcy 2.1.6 of thc Itousing Element; and 21 ~qtE~AS. Colhcr CounD' bas received funding pursuant lo thc State llousmg lmnatwcs Pa~crsh~p 22 ~%~m set forth m Sccnon 420.907 ~., Florida S~IuICS and Chaplet 91-~7. Florida Admm~s~auvc Code; and 23 WHE~Afi. m accordance w~th Colhcr CounD' Ordinance No. 93-19, thc County ~s amhonzcd ~o us~ 24 t2ndmg from the Sut~ Housing Inmanvcs Pa~ncrsh~p [SltlP] Pro,nam for wawcrs of Colhcr County ~mpac~ fees: 25 X~ME~AS. Immokalee llab~tat for Humam~y, Inc. ~5 seeking a ~awer of ~mpact fees. and 27 WHE~AS. Immo~lee tlab~lat for ttumam~, Inc. wall cons~cl one ~1) l~ee-bedroom umt (the 28 'Dwelhng Umt~) on Lot 29, Bilk 13, Naples Manor ~kes which ~ proposed 1o sell for Fo~)'-S~x ~ousand Fwe 29 ttun~d Dollar* (~6,500.00); and 30 ~E~AS. the Dwdling Unit will ~ pmcha~ed by a ve~ low income household which ~ reqmred lo 31 m~*t a minimum of five h~dr~d (500) hour~ of'Sweat EquiD" befor~ it ob~m~ t~tl~ ~o the house; and 32 WHE~AS, Mr. Chatl~ C. Smith. Vice President of ImmokM~ Itabnat lot Itumamty, thc, ,ubmm~d Io 33 the Office of ttou~mg and Urban Improvement an Affordable ttousmg Apphcanon dated October 25. 1996 for a 34 waiver of ~mpact fc~ for the cons~ct~on of a house on Lot 29, Bl~k 13, Napl~ Manor Lak~, a copy of ~a~d 35 applicanon i~ on fil~ in th~ ttou~ing and Urban Improvement D~panm~nt; and 36 X~E~S, in accor~ce wi~ Section 3.~ of ~e R~gion~l Water System lmpact F~e ~dmanc~, 37 Ordinanc~ No. 90-86, a~ amended; Section 3.~ of ~ Regional Scw~r System Impact F~ Ordinanc~ , Ordinance 38 No. 90-87, a~ amended; S~ction 3.04 of the Lib~ System Impact F{e Ordinance, Ordinance No. 88-97, a~ 39 amended; S~ction 4.05 of th~ P~r~ ~d Recreational Facilitie~ Impact Fee Ordinance, Ordin~c~ No. 88-96, a~ 40 am~d~d; Section 3.~ of the Road Impact Fe~ ~dmance, ~dmance No. 92-22. as amended: S~ction 3.05 of the 41 Em*rg~ncy M~dical S~'ice~ System Impact Fee ~dinance, Ordinance No. 91.71. as amended; and Section ~.05 of 42 Ihe Educational Facilities System Impact F~ ~dinance, ~dinance No. 92-33, as amended; an applicant may obtain a waw~r of ~mpact fee~ b7 qualifying for a waiver; md - 1 - FEB 1 8 19 7 I WHEREAS, Immokalee Habitat for Humanity, Inc. has quahfied for an impact fee waiver based upon the 2 follo~'ing representations made by Immokalee Habitat for Humanity, Inc.: 3 A. The Dwelling Unit shall be sold to a first-time home buyer. ~, B. Thc Dwelling Unit shall be sold to a houschold with a very low ~ncome level as that term is defined $ in the Appendices to thc rcspcctivc Impact Fcc C~dinanccs and the monthly payment to purchase the 6 unit must be umhin thc affordable housing guidchnes cstabhshed ,n the Appendices to the ? rcspccnve Impact Fee Ordmanccs. $ C. Thc Dwelling Unit shall be thc ttomcstcad of thc owner. 9 D. Thc DwcIling Unit shall rcmain affordable for fif~ccn (IS) years from thc date the certificate ]0 occupancy is issued. 11 NOW -H~IEREFORE, BE IT RESOLVED BY 'HiE BOARD OF COUNTY COMMISSIONERS OF 12 COLLIER COUNq'Y, FLORIDA, that: 13 1. The Board of County Commissioners hereby authorizes the Count],.' Manager to ~ssue an 14 Authonzation for waiver of impact fees to lmmokale¢ Habitat for llumamr)'. Inc. for one II) house ]5 which shall be constructed on Lot 29, Block 13, Naples Manor Lakes. C'olher Count.','. Florida 16 2. Upon rece,pt by the Housing and Urban Improvement Director of an agreement for '.~a~'.'er of 17 ~mpact fees signed by Immok~lce Habitat for Humanity, Inc., and. or Ibc purchaser, or other 18 documentation acccp:ablc to thc County A~omcy, thc Board of Count' Commissioners hereby 19 authorizes thc payr'ncnt by Collier County of thc follo¥,'ing ~mpact fees from the Affordable Housing 20 Trust Fund. Fund (191), in thc following amounts for thc one (1) house to be bulh on Lot 29, Block 21 13, Naples Manor Lakes by Immokalc¢ Habitat for Humanity, Inc.: 22 A. L~brary Impact Fee S 150.52 23 B. Road Impact Fcc 1,379 00 24 C. Parks and Recreational Facilities 25 Impact Fee: 26 ( I ) Community Parks 399.00 27 (2) Regional Pa~ks 179.00 28 D. EMS Impact Fcc 14.00 29 E. Educatiortal Facilitics System 30 Impact Fcc 1,778.00 31 F. Water Impact Fcc 900.00 32 G. Sewer Impact Fee ~ 33 TOTAL IMPACY FEES $6,169.52 34 3. The payment oZ"impact fees by Collier County is subject to thc execution and r¢cordal~on of an 35 agreement for waivcr of Collier County Impact Fccs between thc property ov,'ner and/or 36 puzchascr and the County. 37 - 2 - AGE~DA IT,EM FEB 1 8 1997 Pg. ~ This Resolution adopted after molion, second and majority '.'otc favonng same. )ATED: 6 AI-I'EST: ? D\VIGIIT E. BROCK. Clerk S 9 11 13 14. Approved as 1o form and 15 I,.gal sufficiency: 1§ 19 20 Ass~stan! CourtD' Allomcy 22 23 jd linc. naples ~or lnkc~'rcso ~6 31 33 BOARD OF COUNTY COMMISSIONERS COLLIER COUI',U'Y, FLORIDA By: T~molhy L. IIancock. Chatrman 37 38 39 40 41 42 43 .44 .:5 ,~9 50 51 52 53 5.1 55 56 57 59 60 61 62 63 - 3 - FEB 8 997 6 ? 9 10 12 1.1 15 16 17 19 2O 21 22 23 24 25 26 27 28 29 BO B2 B6 B9 4O EXIIIBIT HA" LEGAL DESCRIPTION LOT 29 OF BLOCK 13, NAPLES MANOR LAKES, ACCORDiNG TO THE PLAT BOOK TtIEREOF, AS RECORDED iN PLAT BOOK 3, AT PAGE 86, OF THE PUBLIC RECORDS OF COLLIER COLIN'FY FLORJDA. FEB 1 $1997 AGREEMENT FOR WAIVER OF COLLIER COUNTY IMPACT FEES This Agreement for the Waiver of Impact Fees entered into this _ day of 1997, by and bet~'een the Board of County Commissioners of Collier Count')', Florida, hereinafter referred to as "COUNTY" and Immokalee Habitat for Humanity, Inc., hereinafter referred to as "OW'N~ER.'' WITNESSETH: WHER_EAS, Collier County Ordinance No. 90-86, as amended, the Collier County Regional Water System Impact Fee Ordinance; Collier Count)' Ordinance No. 90-87, as amended, the Collier Count)' Regional Sewer System Impact Fee Ordinance; Collier County Ordinance No. 88-97, as a. mended, the Collier Count)' Libra~' System Impact Fee Ordinance; Collier Count)' Ordinance No. 88-96, as amended, the Collier Count)' Parks and Recreational Facilities Impact Fee Ordinance; Collier County Ordinance No. 91-71. as amended, the Collier County Emergency Medical Services System Impact Fee Ordinance: Collier Count.,. Ordinance No. 92-2.?.". as amended, the Collier Count)' Road Impact Fee Ordinance: and Collier Count)' Ordinance No. 92-33, as amended, the Collier Count)' Educational Facilities System Impact Fee Ordin~cc. as the)' ma)' bc further amended from time to time hereinafter collectix'elv referred to as "Impact Fee Ordinance", provide for waivers of impact fees for new owner-occupied dwelling unit qualifying as affordable housing; and WHEREAS, O\VNER has applied for a waiver of impact fees as required by the Impact Fee Ordinance, a copy of said application being on file in the office of Housing' and Urban Improvement; and WHEREAS, the County Manager or his designee has reviewed the O~,~,~'ER's application and has found that it complies with the requirements for an affordable housing waiver of impact fees as established in the Impact Fee Ordinance; and WHEREAS, the impact fee waiver shall be presented in lieu of payment of the requisite impact fees subject to satisfaction of all criteria in the Impact Fee Ordinance quali~,ing the project as eligible for an impact fee waiver: and AG£~DA ITF~. FEB 1 8 1997 WHEREAS, the COUNTY approved a waiver of impact fees for O',,~,qqER embodied in Resolution No. 97-__ at its regular meeting of ,1997; and WHEREAS, the Impact Fee Ordinance requires that the OWNER enter into an Agreement with the COUNTY. NOW, THEREFORE., in consideration of the foregoing recitals, the parties covenant and agree as follows: 1. RECITALS INCORPORATED. The foregoing recitals are true and correct and shall be incorporated by reference herein. 2. LEGAL DESCRIPTION. The legal description of the dwelling unit (the "Dwelling Unit") is attached hcreto as Exhibit "A" and incorporated by reference herein. 3. TEtLM. O\VNER agrees that the Dwelling Unit shall remain as affordable housing in accordance with the standards set forth in the appendices to the Impact Fee Ordinance for a period of fifteen (15) years commencing from the date the certificate of occupancy is issued for the Dwelling Unit. 4.. REPRESENTATIONS AND WARRANTIES. O",~,,'NER represents and warrants the following: a. The Dwelling Unit shall be sold to a household with a ye0' lox,,' income as defined in the appendices to the Impact Fee Ordinance and his,%er monthly' payments Io purchase the Dwelling Unit shall be within the affordable housing guidelines established in the appendices to the Impact Fee Ordinance; b. The Dwelling Unit shall be sold to a first-time home buyer; c. The Dwelling Unit shall be the homestead of owner; d. The Dwelling Unit shall remain as affordable housing for fifteen (15) years from the date the certificate of occupancy is issued for the Dwelling Unit; and e. OV',?,,'ER is the owner of record of the Dwelling Unit and owes impact fees in the total amount of 56.169.52 pursuant to the hnpact Fee Ordinance. In return for the waiver of the impact fees ov, ed FEB 1 8 1997 P~..~ OWN'ER covenants and agrees to comply with the affordable housing impact fee waiver qualification criteria detailed in the Impact Fee OrdNance. 5. SUBSEQUENT TRANSFER. If OWNER sells the Dwelling Unit subject to the impact fee waiver to a subsequent purchaser, the Dwelling Unit shall be sold only to households meeting the criteria set forth in the Impact Fee Ordinance. 6. AFFORDABLE REQUIREMENT. The Dwelling Unit must be utilized for affordable housing for a fifteen (15) year period after the date the certificate of occupancy is issued; and if the Dwelling Unit ceases to be utilized for that purpose during such period, the impact fees shall be immediately repaid to the COUNTY. 7. LIEN. The waived impact fees shall be a lien upon the Dv,'elling Unit on the effective date of this Agreement; which lien may be foreclosed upon in the event of non-compliance with the requirements of this Agreement. 8. RELEASE OF LIEN. Upon satisfactory completion of the Agreement reqmrements and fifteen (15) years after the date of issuance of the certificate of occupancy, or upon payment of the waived impact fees, the COUNTY shall, at the expense of the COU.~TY. record any necessary documentation evidencing the termination of the lien. including, but not limited to, a release of lien. 9. BINq:DING EFFECT. This Agreement shall be binding upon the parties to this Agreement and their respective heirs, personal representatives, successors and assigns. In the case ofsale or transfer by gift of the Dwelling Unit. thc original O\X, .'NER shall remain liable for the impact fees waived until said impact fees are paid in full or until the conditions set forth in the Impact Fee Ordinance are satisfied. In addition, this Agreemenl shall run with the land and shall remain a lien against the Dwelling Unit until the provisions of Section 8 are satislied. 10. RECORDING. This Agreement shall be recorded bf' O\",%'ER at the expense of O\\.'NER in the Official Records of Collier County, Florida, within fifteen (15) days after execution of this Agreement bF' the Chairman of the Board of County Commissioners. 11. DEFAULT O\~,%TR shall be in default of this A~eement (1) where O\~,,"NER fa~ls to with the affordable housing standards and qualification criteria established n the _ _ FEB181997 Fee Ordinance and thereafter fa. ils to pay the impact fees due within thirty (30) days of said non-compliance, or (2) where OWNER violates one of the affordable housing qualification criteria in the Impact Fee Ordinance for a period of fifteen (15) days after notice of the violation. 12. REMEDIES. Should the OWNER of the property fail to comply with the said qualification criteria for fifteen (I 5) days after notice of violation, or should O"3, ,'NER violate any provisions of this Agreement, the impact fees waived shall be paid in full by OWNER within thirty (30) days of said non-compliance. O~,kq'qER agrees that the impact fees waived shall constitute a lien on the Dwelling Unit commencing on the effective date of this Agreement and continuing for fifteen (I 5) years from the date of issuance of the certificate of occupancy or until repaid. Such lien shall be superior and paramount to the interest in the Dwelling Unit of any owner, lessee, tenant, mortgagee, or other person except the lien for County taxes and shall be on parity with the lien of any such Count>, taxes. Should the OV,.'NER be in default of this Agreement and the default is not cured within (30) days after written notice to O~,~WER, the Board may bring a civil action to enforce this agreement. In addition, the lien mai.' be foreclosed or otherwise enforced by the COUNTY by action or suit in equity as for the foreclosure of a n'.,engage on real proper%'. This remedy is cumulative wilh an,,' other right or remedy available to the COL.'N'TY. The Board shall be entitled to recover all fees and costs, including attorneys fees, incurred by the Board in enforcing this agreement, plus interest at the s:atutorv rate for judgments calculated on a calendar day basis until paid. IN WITNESS ",","HEREOF, the parties have executed this .Agreement for Wmver of Impact Fees on the date and >'ear first above written. Witnesses: -3 Print N ame.~Tff,,,o-o,.v~..._/~4-z,..5 .,-:"~,. OW'NERS' IMMOKALEE HABITAT FOR HUMANITY, INC. Charles C. S~ President AGE T FEB 1 8 1997 DATED: ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By':. Timothy L. Hancock, Chairman Approved as to form and legal sufficiency Heidi F. Ashton Assistant County Attorney STATE OF ~) COUNTY OF ~I1L~L~) The foregoing instrument was acknowledged before me this ,2' day o -f, ~)~.~~~,-- 1991~, by Charles C. Smith, Vice President oflmmokalee Habitat for Humanity, Inc. I-~ is personally known to me. [NOTARIAL SEAL] Sig Name of Acknowledger Typed, Printed/or Stamped l jd gm'c naples manor lakes/agree No./~d.,tb&/~2. FEB 1 8 1~7 EXHIBIT "A" LEGAL DESCRIPTION LOT 29 OF BLOCK 13, NAPLES MANOR LAKES, ACCORDING TO THE PLAT BOOK THEREOF, AS RECORDED IN PLAT BOOK 3, AT PAGE 86, OF THE PUBLIC RECORDS OF COLLIER COUNT~' FLORIDA. FEB 1 8 1997 6 $ 9 10 11 12 13 KESOLUTION NO 9?- RESOLUTION OF THE BOARD OF COL.%,TY CO~L\IISSIONERS, COLLIER COL'NTY. FLOR. IDA, AUTHOR1ZrNG WAIVER OF REGIONAL WATER SYSTEM IMPACT FEES, REGIONAL SEWER SYSTEM LMPACT FEES, LIBKARY SYSTEM IMPACT FEES, PARKS AN'I) RECREATIONAL FACILITIES IMPACT FEES. ROAD IMPACT FEES. EMERGENCY MEDICAL SERVICES IMPACT FEES AND EDUCATIONAL FACILFf'I~S SYSTEM EM'PACT FEES FOR ONE [lOUSE TO BE CONSTRUCTED BY LX, LMOKALEE HABITAT FOR HU~,tANTI'Y. INC, ON LOT 10. BLOCK 13, NAPLES b,L~NOR EX'TENSION. NAPLES, FLOKIDA W'[IEREAS, Colher Cou.nb, has rccogmtzed and attempted to address the lack of adequate and affordable 14 huusmg for moderate, los,.', and very.low Income households m thc Count),. and the need for creauve and mno','atv,'e 15 Ftcg~ams t(, assist In the provision of such housing by including several provlsmns In thc Colher Coun,') Gto~.'th 16 .Ma:':agemem Plan. including: objective 1.4, pohcy 141, objechve I 5, pohcy I S 2, pohcy I 5 3. pohcy I 5 4, pohcy 1' : '~ poi:c5 1.56: objec:l'.'e 1.6, I:mhcy 1,6 3; ob.lechve 2.1, pohc.s 2 I !. pohcy 2 1 2. pohcy 2 I 3, pohc.', 2 1 5, and 18 pohc.', 2 t,6 of the Housing Element, a. nd 19 WHER.EAS, Colher Co:mb, has received fundmg pursuant to ',he State Housing lnmaw,'es Parmcrsh~p Program 20 sc: :'omb m Sec:mn .120.907 r&_.~., Florida Statutes and Chapter 91.37. Florida Admm~straw.'e Code, and 21 V,,~lEREAS. in accordance a.nh Colher County. Ordinance No 93.19, thc County ~s aulhonzed to usc funding 22 from :he Stale Housing Inltlahves Pa,'-mershlp [SttIP] Program, for *,alsers ofColi;er CounL'. impac', fees. and 23 WHEREAS, Immokaiee Hah:ca: :'or HumamD, lr.c ~s seeking a '.,.a~'.er of:mpazl fee~ and '¢.'HEKEAS. lmmokalee Hah:tat for }lumam:':. Inc '.,,:I1 cons..'r'ac: one ~ ', ~ :b..'ee-bed:oom umt I~he r ~ ex l. I 10. Block 13. NaTies Manor Ex:ens:on ~h;ch ~s proposed :o sr',l fo: Fo.'v:-Sv,. '12,~,ousand 20 D,:'.ia:. ~$.:¢, 5O0 00~. and 27 ~3,1-tER_EAS. the D~,climg Umt *,';Il be purchased by a '.er? Iow income househoM ~,b4ch ~s reqmred to m',est a 25 ,m r.;m..m of five hundred (500~ hours of"S~eat Equm:'" before ~t ob:ams title to the house, and 29 V,'HEKEAS. Mr Charles C Sm:th. V~ce Pres~der. t of Imrr..oka',ce Habttal for Humam:,v. Inc. subm:xed :o the 30 O::'..e o:' Housing and Urban lin, pro:amain an Affordable Hous:nt. Apphca:wn da:ed December 12. 1996 for a ~.a:'~er 31 e: :r.;'ac: fees for thc cons.':mc:~bn ora house on Lot 10, Block 13. NaTles .Man,.,: Ex:ensmn. a cop) of sa,d 32 :., ,m :';la :n the Housmg and Urban Improvement Department; and 33 WHEREAS. m accordance w~th Section 3.0a of the Regmnal Water System Impact Fee Or&nar, ce, Or, dmance 34 N,. '~,.qe as amended. Sechon 304oftheReg~onalSe~er S?s:emlmpacl FeeOrdmance.Ordmar, ce No 90-.~~.as 35 ,~:xe.zdcd SecIlon 3.0-1 of the L~bra,"y System Impact Fee Ordl:,ance, Ordinance No ~-97, as amended. Secuor, .I 05 36 o: :~..' Parks and Recreahonal Facf,,;~c, Impact Fee Ordinance. Ordinance No ~,$-96. as amended. Section 3 04 of the ',7 u ~ !m..;'act Fee OTdlnance, Ordinance No 9~-.~, as amended. Sec:mn 3 05 of the Emergency .Medical Se!'v~ces 35 bi,,:,'-.-.: Impact Fee Ordinance. Ordinance No 91-71. as amended, and Sectmn 3 05 of lhe Educa:lona'. Facflmes 39 :. -'tm l:'::~act Fee Ordinance. Ordinance No 92.33. as amended, az a?phcam ma'., obla,,n a ','.al',er of ~mpac: !'ee~ b? 4,' ,: . ',nC ';.,' .~ '.,a,,er. and L AGE~DA ITEM. FEB 1 lgg7 P~. ~ ~,TIEREAS, Lmmoknlc¢ Habitat ['or Hunu.nity, Inc. Ms qualified for an ~mpacl fee u,'at','tr based upon thc 2 following rcpresrnunons made by Immokal¢¢ Habim for Humanity, Inc: 3 A Thc Dw¢lhng Uni! shnll b~ sold to a first-~m¢ home buyer. 4 B T'he Dwelhng Unit shall b~ sold to a household with a very Iow tncom¢ level as that term ~s defined m S the Appcndtces Io thc rcslxct~vc Impact Fcc Ordu'a. nces ~nd thc monthly paymcn! 6 must bc within the affordable hous?,ng guidchnes established m the Appendices to thc resp¢cttvc Impact '/ Fee Otdm,mccs. 8 C. The Dwelling Umt shall be the Homestead of'thc owner. 9 D The Dwelhng Umt shall remain affordable for fifteen (15))'cars from the date the cemficate of lC, occupanc.s ~s issued I I NOW FH£REFORE. BE iT RESOLVED BY THE BO.-~ILD OF COL ,'%'TY COMMISSIONERS OF COLLIER 12 COU.',,q'h', FLORLDA, that: 13 I. Thc Board o£ County Commissioners hcteb), authorizes the County Manager to issue an Authorization 14 for waiver of impact fees to Immokalc¢ Habitat for Humanity, [nc. for one (1) house which sh~lI be 15 cons~actcd on Lot I0, Block 13, N'apIcs Manor Exlcnslon. Colher Count).,, Florida 16 2 Upon receipt by the Housing and Urban Improvement D~reclor of an agreement for waiver of impact I': fees s~gned by lmmokalee Habitat for Humamty, [nc., and. tot the purchaser, or other documen:atmn 15 acccpu~b:c ta the Coun~ 'Xrtome.',, thc Board of Count)' Comm~ssmnrrs hereb) aulhonzcs the payrnem 19 by Coil:er CounD of the follo',,,,'mg Impact fees from the Affordable }'lousing Trust Fund. Fund (191), in 20 ':':.; :'ollo,,.mE amounts for the one (1) house lo be bmh on Lo: I0. Block 1), Napies ,Manor IEx:ensmn 21 b) Immoka:ee tlab~:at for }tumanlty. 22 A Llbrao Impact Fee $ 15052 23 B Road lmpacl Fcc 1.3"9 O0 24 C Parks and Recreational Facdmcs 25 Impact Fcc: 26 ( I ) Community Parks 39900 2: t2) Regmnal Parks 179 O0 2S D £.M$ Impact Fee 14 O0 29 E Educat:onal Facilities System -~0 Impact Fee 1,778.00 -: ] F. Water Impact Fcc 90000 32 G. Sewer lmpacl Fee SI.340.00 33 TOTAL LMPACT FEES S6,169.5! 3,.1 3. The payment of impact fees by Colher County Is subject to the exe:uv, on and tccordat:on of ar, 35 agreement for '.,,'a~','er ofColher Counp:' Impact Fees betaeen the propcn: o',vr..,:r and or purchaser ~§ and the FEB 1 8 1997 This Resolution ,,dop~z] ~.ff~' moron, ~cond ~nd rna~on~' vo~e ['ivonn$ s~me. 5 DATED 6 '7 ATTEST 8 DWIGHT E. BROCK, Clerk 9 l0 11 12 13 14 ] J Approved as ~o form a~d 16 iegal sufficiency: 19 20 He~d~F Ash~on 21 &,s~s:an: CounD Anom~y 22 23 ~4 j~ gm c N3ples Manor E~ens~o~ rcso 29 BOARD OF COUNTY COMMISSION'ERS COLLIER COUNTY, FLOR.IDA By: T~mothy L, Hancock, Chairman FEB 1 8 1997 EXHIBIT "A" LEGAL DESCRIPTION Lot I0, Block 13, Naples Manor Exlension, ~ccording to the plat book thereof, ;as recorded in Plat Book 3, Page 101 of the Public Records of Collier Count.',', Florida. FEB 1 8 1997 [ -- [ [ lien[ n[ [ ..... Il [ 1[ ~ll AGREEMENT FOR WAIVER OF COLLIER COUNTY IMPACT FEES This Agreement for the Waiver of Impact Fees entered into this_ day of__ 1997, by and bet~'cen the Board of County Commissioners of Collier County, Florida, hereinafter referred to as "COUNTY" and Im. mokalee Habitat for Humanity, Inc., hereinafter referred to as "OWNER." WITNESSETH: WHEREAS, Collier County Ordinance No. 90-86, as amended, the Collier County Regional Water System Impact Fee Ordinance; Collier County Ordinance No. 90-87, as amended, the Collier County Regional Sewer System Impact Fee Ordinance; Collier County Ordinance No. 88-97, as amended, the Collier Count.,,' Librar3' System Impact Fee Ordinance; Collier County Ordinance No. 88-96, as amended, the Collier County Parks and Recreational Facilities Impact Fee Ordinance; Collier County Ordinance No. 91-71, as amended, the Collier County Emergency Medical Sen'ices System Impact Fee Ordinance; Collier County Ordinance No. 92-22, as amended, the Collier County Road Impact Fee Ordinance; and Collier County Ordinance No. 92-33, as amended, the Collier Count>' Educational Facilities System Impact Fee Ordinance, as thc',' ma.,,' be further amended from time to time hereinafter collectivelx referred to as "Impact Fee Ordinance", provide for waivers of impact fees for new owner-occupied dv,'elling unit qualifTing as affordable housing; and %~,2qEREAS, O~3,ggER has applied for a v,'aiver of impact fees as required bv the Impact Fee Ordinance, a copy of said application being on file in the office of Housing and Urban Improvement; and WHEREAS. the Count3' Manager or his designee has reviex~ cd the O\VNER's application and has found that it complies with the requirements for .~n affordable housing wmxcr ofimpac~ fees as established in the Impact Fee Ordinance; and WHEREAS, the impact fee waiver shall be presented in lieu of payment of the requisite impact fees subject to satisfaction of all criteria in the Impact Fee Ordinance quaqfying the project as eligible for an impact fee waiver: and AG EI~ p~ I,l',E M, No. ~ FEB 1 8 1997 WHEREAS, the COUNTY approved a waiver of impact fees for OV~q'qER embodied in Resolution No. 97- at its regular meeting of _, 1997; and WHEREAS, the Impact Fee Ordinance requires that the OWNER enter into an Agreement with the COUNTY. NOW, THEREFORE, in consideration of the foregoing recitals, the parties covenant and agree as follows: 1. RECITALS INCORPORATED. The foregoing recitals are true and correct and shall be incorporated by reference herein. 2. LEGAL DESCRIPTION. The legal description of the dwelling unit (the "Dwelling UNt") is attached hereto as Exhibit "A" and incorporated by reference herein. 3. TERM. OWNER agrees that the Dwelling Unit shall remain as affordable housing in accordance with the standards set forth in the appendices to the Impact Fee Ordinance for a period of fifteen (15) years commencing from the date the certificate of occupancy is issued for the Dwelling Unit. 4. REPRESENTATIONS AND WARRANTIES. OW'NER represents and warrants the following: The Dwelling Unit shall be sold to a household with a very lov,, income as defined in the appendices to the Impact Fee Ordinance and his'her monthly payments to purchase the Dwelling Unit shall be within die affordable housing guidelines established in the appendices to the Impact Fee Ordinance; The Dwelling Unit shall be sold to a first-time home buyer; The Dwelling Unit shall be the homestead of owner; The Dwelling Unit shall remain as affordable housing for fifteen (15) years from the date the certificate of occupancy is issued for the Dwelling Unit; and OWN'ER is the owner of record of the Dwelling Unit and owes impact fees in the total mount of 56,169.52 pursuant to the Impact Fee Ordinance. In return for the waiver of the impact fees owed b - 2 - FEB 51 8 1997 OWNER covenants and agrees to comply with the affordable housing impact fee waiver qualification criteria detailed in the Impact Fe~ Ordinance. 5. SUBSEQUENT TRANSFER. If OWNER sells the Dwelling Umt subject to the impact fee waiver to a subsequent purchaser, the Dwelling Unit shall be sold only to households meeting the criteria set forth in the Impact Fee Ordinance. 6. AFFORDABLE REQUIREMENT. The Dwelling Umt must be utihzed for affordable housing for a fifteen (15) year period after the date the certificate of occupancy is ~ssued; and if the Dwelling Unit ceases to be utilized for that purpose during such period, the impact fees shall be immediately repaid to the COL%'TY 7. LIEN. The waived impact fees shall be a lien upon the Dv,'elting Unit on the effective date of this Agreement; which lien may be foreclosed upon in the event of non-compliance with the requirements of this Agreement. 8. RELEASE OF LIEN. Upon satisfactory completion of the Agreement requirements and fifteen (15) years after the date of issu:mce of the certificate of occupancy, or upon pa~q-nent of the waived impact fees, the COLWTY shall, at the expense of the COUNTY, record any necessary documentation evidencing the termination of the lien, including, but not limited to, a release of lien. 9. BINDING EFFECT. This Agreement shall be binding upon the par~ies to this Agreement and their respective heirs, personal representatives, successors and assigns. In the case of sale or transfer by gift of the Dwelling Unit, the original O\~, ."NER shall remain liable for the impact fees waived until said impact fees are paid in full or until the conditions set forth in :he Impact Fee Ordinance are satisfied. In addition, this Agreement shall run with the land and shall remain a lien against the Dwelling Unit until the provisions of Section 8 are satisfied. I0 RECORDING This Agreement shall be recorded by O\~,,~ER at the expense of O",~,.'NTR in the Official Records of Collier Count,,,,, Florida, within fifteen (15} days after execution of this Agreement by the Chaim~an of the Board of County Commissioners. II. DEFAULT. O\~,%TR shall be in default of this Agreement (1) where O\'v:"NER fails to with the affordable housing standards and qualification criteria established ir, the Ir~~ - - FEB181997 Fee Ordinance and thereafter fails to pay the impact fees due within thirty (30) days of said non-compliance, or (2) where OWNER violates one of the affordable housing qualification criter/a in the Impact Fee Ordinance for a period of fifteen (15) days after notice of the violation. 12. REMEDIES. Should the OWNER of the property fail to comply with the said qualification criteria for fifteen (15) days after notice of violation, or should OWNER violate any provisions of th. is Agreement, the impact fees waived shall be paid in full by OWNER within thirty (30) days of said non-compliance. OWNER agrees that the impact fees waived shall constitute a lien on the Dwelling Unit commencing on the effective date of this Agreement and continuing for fifteen (15))'ears from the date of issuance of the certificate of occupancy or until repaid. Such lien shall be superior and paramount to the interest in the Dwelling Unit of any ou. aner, lessee, tenant, mortgagee, or other person except the lien for Count.,,' taxes and shall be on parity with the lien of an.',' such Count)' taxes. Should the O'¢,.~"'ER be in default of this Agreement and the default is not cured within (30) days after written notice to OWNER, the Board ma.',' bring a civil action to enforce this agreement. In addition, the lien may be foreclosed or otherwise enforced by the COU%-I"Y by action or suit in equity as for the foreclosure of a mortgage on real property. This remedy is cumulative with an,.' other right or remedy available to the CObVTY. The Board shall be entitled to recover all fees and costs, including attorneys fees, incurred by the Board in enforcing this agreement, plus interest at the statutory rate for judgments calculated on a calendar day basis until paid. IN' WI'I'NESS WHEREOF, the parties ha','e executed this Agreement for Waiver of Impact Fees on the date and .','ear first above written. Witnesses: O\~, ."N'E R S: IMMOKALEE HABITAT FOR HL¢IANITY, INC. Charles C. Srn3t~ President IT£M 1997 DATED: ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORDA By: Timothy L. Hancock, Chairman Approved as to form and legal sufficiency Heidi F. Ashton Assistant County Attorney STATE OF ~) COLrNTY OF The foregoing instrument was acknowledged before me this .~, day o f, ~'?.7~_7~__~:~~, 1991~, by Charles C. Smith, Vice President of Immokalee Habitat for Humanit), Inc. H'~ is personally known to me. [N OT.Zd~IAL SEAL] Sig~ Name of Acknowledger Typed. Printed/or Stamped jd'gm'c 'naples manor lakes/agree FEB 1 8 1997 EX~EI~BIT 'A~ LEGAL DESCRIPTION LOT I0 OF BLOCK 13, NAPLES MANOR EXTENSION, ACCORDING TO THE PLAT BOOK THEREOF, AS RECORDED IN PLAT BOOK 3, AT PAGE 101, OF THE PUBLIC RECORDS OF COLLIER COUNTY FLOR/DA. FEB 1 8 ~997 $ 9 I0 ~2 13 RESOLLrFION NO. 97- RESOLUTION OF 1'HE BOARD OF COUNTY COMMISSION'ERS. COLLIER COL~,TY, FLORIDA, AUTHORIZING WAFVER OF REGIONAL WATER SYSTEM 12v[PACT FEES, REGIONAL SEWER SYSTEM IMPACT FEES. LIBRARY SYSTEM IMPACT FEES, PARKS AND RECREATIONAL FACILFFLES D,J::PACT FEES. ROAD ~G>ACT FEES, EMERGENCY MEDICAL SER~qCES D,~PACT FEES AND EDUCATIONAL FACILITIES SYSTEM I~ACT FEES FOR O,~"E HOUSE TO BE CONSTRUCTED BY IMMOK2tLEE HABFTAT FOR HIj~', INC., ON LOT 27, BLOCK 14, NAPLES MA~OR ADDITION, NAPLES, FLORIDA. WHEREAS. Colher County has recognized and at~mptcd lo adda'ess the lack of adequate and afforc~able 16 housing for moderate, Iow, and very-low income households m the County and the need for creative and mnovanvc 17 proivam~ 'n a~<~st m thc provision of' such housing by ~ncludmg several provisions m thc Colher County Grov.~.h I.~ 'qa,'.~ge.-..~-,,' Plan. including objeclwe I 4, pohcy 141; objectwe I 5, pohcv ] 52, pohcy 1.53. pohc) 154, I'~ ~.,,~c) < 5.: .':c) '. 5.6; object,ye I 6, ~]lc) ] 63 objechve 2 I, pohc)21 I. pohc) 212. pohcy 21 3. ~hcy 2C' : , 3. an~ pohc) 2.1.6 of thc Housing Elcmenl; and 21 ~31E~AS, Colher Count)' has received ~undmg purs~nt to the State Housing lnmatlves Pn~nersh~p 22 ~o~am se~ forth m Sec~mn 420907 ~, Florida S~lules and Chapter 91-37, Florida Admmts~a~lve Code; and 23 ~WE~AS. m nccor~ce w~ Calher Co~ ~dm~ce No. 93-19, the Count' ~s aulhonzed to use 2~ funding ~om ~e S~te Ho~mg [nmatives P~ersh~p [SHIP] Pro.am for ~a~vers of Colher Co~ty ~mpac~ fees; 25 ar.d 26 ~tEREAS, Immokalee Hab~l for Humamty. Inc. ~s seeking a wa~s'et of ~mpacl fees, and WHEREAS, Immokalce Hab~ta~ for HumamD., Inc. will cons~ct one I I~ ~hrre-bedtoom um~ Hhe ~ ~ ,~cT,;r.g LnW';.n l.ol 2~, B~ock ]~ Naples Manor Add~lmn ~h~ch~s proposed ~, ~ell for Fo~-S~ ~ous~nd 29 F:~ H~;r. dre~ DuHats ~Sa6,500 OOL and 3U WHEREAS. the D~elhng Ur,~: ~11 be p~rch~sed b~ a ve~ low income kousehold ~h~ck :s required ~o 31 rexes: u mm:mum of five h~drcd (500~ hours of"Swea~ Equ~D'" be:~re ~: obtains :~:le :o ~he house; and 32 X~E~,&S, Mr Charles C. Smt:h. V~ce President of Immoka;ee Habzta~ for Humamt3. lnc, submmed to 33 ~hc Office of Housing and Urban Improvement ~ Affor~ble Housing Apphca:~on dated October 25, 1996 for a 3~ '.xa:~er of ~mpact fees for the cons~ctmn of a house on Lot 27, Block Ia, Naples Manor Addmon, a copy of said 35 ~pphca:~on ~s on file in the Housing and Urban Improvement Depa~ent, and 3~ WHEREAS. m accordance w~th Section 3.04 of the Regional Water Sys:em Impact Fee Ordinance, ~" , ' ::zarce ~o 90-86, as amended; Section 30a of~he Regional Se~er Syslem lmpa;1 Fee ~dmance , Ordinance 3S N~, 9(,.~~ as amended; Sectmn 3.04 of ~e L~braD' System lmpac: Fee Ordinance. ~dmance No. 88.97, as 3~ .v.r-ded. Section ~.0~ of ~he Par~ and Recreational Facilities Impact Fee Ordinance, ~dmance No. 88-96, as 40 amer, ded; Sec:~on 3.04 of uhe Road Impact Fee ~dm~ce, ~dm~ce No 92-22, as amended; Seclmn 3.05 of the gl Emergency Medical Sen'~ces System Impact Fee Ordm~ce, ~dmance No 9',.~1, as amended; and Sectmn 3 05 of 42 tko E~ca:~onal Facfimes System Impacl Fee ~d~nance. Ord:r, ance No 92-33. a~ amended: an apphcan: ma? obtain g3 . ~ .ce o:'.m~.zt fcc. by quahf)mg for a ~a~s'er, and AG£~ NO. FIB 1 8 1~¢7 WHEREAS. Immokalee Habitat for Humanity. Inc. I'~s quahficd for an ~mpact fee wawcr based upon the mg reprcs, cntat~ons made by Immokalec Habztat for Hum·tory, inc.: A. The Dweilmg Unit sh~ll be sold to · first-time home buyer. B. The Dwelling Unit skall be sold to a household ~ith · very iow income level ~s that term ts defined tn the Appendices to thc respccw.,c Impact Fee Ordinances and the montNy payment to p~chase the ttrut must be w~thm thc affordable housing gmdchncs established in the Appcn&ccs to thc rrspectwe Impact Fcc Ordinances C The Dwclh. nlz Unit shall be the Homestead of the o~'ner, D. Thc Dwelling Unit shall rcm·in affordable for fifteen (IS) years from the date the cemficate of occupancy is issued, NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COL.'NTY COMMISSIONT_RS OF 12 COLLIER COUN'Dr'. FLORIDA. that: l'he Boa. rd of Count> 14 15 Io 1T 19 20 21 22 23 25 26 2r 2S 2q 3~ 3i Commissioners hereby authorizes the Count' Manager lo issue an Authonz.ation for waiver of impact fees to Immokalee Habitat for Hum·mt>', Inc. for one ~' 1) house which shall be constructed on Lot 27, Block 14, Naples M'anor Additmn, Colher Count>', Florida. Upon receipt by the Housing and Urban Improvement Director of an agreement for war,'er of impact fees stgned by lmmokalee Habitat for Humamty, lnc., and'or the purchaser, or other document:lion acceptable to the County Atlomey, the Board of Count},' Commissioners hereby authorizes the payment by Colher County of the following impact fees from the Affordable Housing Trust Fund. Fund (19}.), in the following amounts for the one (I) house to be bmh on Lot 27, Block 14, .Naples Manor Addition by Immokalce Habitat for Hum·tory, A. LibraD' Ir·pact Fee S 180.52 B. Road Impact Fee 1,379.00 C. Parks and Recreational Facdmes Impact Fee: (I) Commumr,/Parks 399 O0 (2) Regional Parks 17900 D, EMS Impact Fee 14.00 E. Educational Facilmcs Syslem Impact Fee 1,778.00 Water Impact Fcc 900.00 Sewer Impact Fee TOTAL IMPACT FEES $6,169.$2 The pa.','ment of impact fees b)' Colher County is subject to the execullon and recordation of an agreement for ',,,'nwer of C'ol]ler Cuunt} Impact Fees bclv, rcn the prope~.x' ov,~'er andor pa;chaser and the Counp:' - 2 - FEB 1 8 1997 TlUs Resolution adoptt~ afl, ct motion, s~cond ~md m~jonty vote fa'.'onng DATED 6 ATTEST: 7 DWIGHT E BROCK, Clerk 9 10 12 13 14 Approved as lo form and t5 legal sufficiency: 16 20 Ass~s~':: Co~n~' A~orncy 22 23 jd grr,'¢ Naples Ma~or Addmoo. ~eso 24 26 2~ 29 30 BOARD OF COUNTY COMMISSIONERS COLLLER COUNTY. FLOR]DA By: Ttmothy L. H~ncock, Chairman 36 3' 3~ 3g 40 .:5 .~9 5', 5a 5~ 5~ 6O AGE M FEB 1 8 l g7 EXltlBIT "A~ II:GAL DESCRIPTION LOT 27 OF BLOCK 14, NAPLES NtANOR ADDITION, ACCORDING TO THE PLAT BOOK THEREOF. AS P~COI:LDED I'N PiAT BOOK 3, AT PAGE 67, OF THE PL'BI.IC REC"ORD5; OF COI.I FLORIDA FEB18 ]997 AGREEMENT FOR WAIVER OF COLLIER COUNTY IMPACT FEES This Agreement for the Waiver of Impact Fees entered into this_ da>' of__ 1997, by and between the Board of County Commissioners of Collier County, Florida, hereinafter referred to as "COUNTY" and Irnmokalee Habitat for Humanity, Inc., hereinafter referred to as WITNESSETH: WHEREAS, Collier County Ordinance No. 90-86, as amended, the Collier County Regional Water System Impact Fcc Ordinance; Collier County Ordinance No. 90-87, as amended, the Collier County Regional Sewer System Impact Fee Ordinance; Collier Count.,,' Ordinance No. 88-97, as amended, the Collier Count.',,' Librao' System Impact Fee Ordinance; Collier County Ordinance No. 88-96, as amended, the Collier County Parks and Recreational Facilities Impact Fee Ordinance; Collier County Ordinance No. 91-71, as amended, the Collier County Emergency Medical Services System Impact Fee Ordinance: Collier County Ordinance No 92-22, as amended, the Collier Count.',' Road Impact Fee Ordinance; and Collier Count.',' Ordinance No. 92-33, as amended, the Collier Count.',' Ed,acational Facilities System Impact Fcc Ordinance, as thc>' may be further amended from time to nme hereinafter collectively referred to as "Impact Fee Ordinance", provide for waivers of impact fees for nexx or, ncr-occupied dwelling unit quali~'ing as affordable housing; and WHEREAS, OXX,,~ER has applied for a waiver of impact fees as required by the Impact Fee Ordinance, a copy of said application being on file in the office of Housing and Urban Improvement; and WHEREAS, the Count>' Manager or his designee has reviev,'ed the O\\~'ER's application and has found that it complies with the requirements for an affordable housing waiver of impact fees as established in the Impact Fee Ordinance; and WHEREAS, the impact fee waiver shall be presented in lieu of pa>ment of the requisite impact fees subject to satisfaction of all criteria in the Impact Fee Ordinance qualifying the project as eligible for an impact fee v.'aivcr; and _ FEB 1 8 1997 WHEREAS, the COUNTY approved a waiver of impact fees for OWNER embodied in Resolution No. 97-__ at its regular meeting of ,1997; and WHEREAS, the Impact Fee Ordinance requires that the OWN'ER enter into an Agreement with the COUNTY. NOW, THEREFORE, in consideration of the foregoing recitals, the parties covenant and agree as follows: 1. RECITALS INCORPO1L&TED. The foregoing recitals are true and correct and shall be incorporated by reference herein. 2. LEGAL DESCRIPTION. The legal description of the dwelling unit (the "Dwelling Unit") is attached hereto as Exhibit "A" and incorporated by reference herein. 3. TERM. OWNER agrees that the Dwelling Unit shall remain as affordable housing in accordance with the standards set for'th in the appendices to the Impact Fee Ordinance for a period of fifteen (15) years commencing from the date the certificate of occupancy is issued for the Dwelling Unit. REPRESENTATIONS A~X,,q2) WAR.RANTIES. O',,'~q';ER represents and wan'ants the following: The Dwelling Unit shall be sold to a household with a very lox,,' income as defined in the appendices to the Impact Fee Ordinance and his'her monthly payments to purchase the Dwelling Unit shall be v,'ithin the affordable housing guidelines established in the appendices to the Impact Fee Ordinance; The Dwelling Unit shall be sold to a first-time home buyer; The Dwelling Unit shall be the homestead of ov,'ner; The Dwelling Unit shall remain as affordable housing for fifteen (15) years from the date the certificate of occupancy is issued for the Dwelling Unit; and Ox,~,'.%'ER is the ov,'ner of record of the Dwelling Unit and owes impact fees in the total amount of 56,169.52 pursuant to the Ordinance. In return for the waiver of the impact fees owe, - 2 - Impnel Fee by O~ FEB 1 8 1997 OWNER covenants and agrees to comply with the affordable housing impact fee waiver qualification criteria detailed in the Impact Fee Ordinance. 5. SUBSEQUENT TRANSFER. IfOWNER sells the Dwelling Unit subject to the impact fee waiver to a subsequent purchaser, the Dwelling Unit shall be sold only to households meeting the criteria set forth in lhe Impact Fee Ordinance. 6. AFFORDABLE REQUIREMENT. The Dwelling Unit must be utilized for affordable housing for a fifteen (15) year period after the date the certificate of occupancy is issued; and if the Dwelling Unit ceases to be utilized for that purpose during such period, the impact fees shall be immediately repaid to the COUNTY. 7. LIEN. The waived impact fees shall be a lien upon the Dwelling Unit on the effective date of this Agreement; which lien may be foreclosed upon in thc event of non-compliance with the requirements of this Agreement. 8. RELEASE OF LIEN. Upon satisfactory completion of the Agreement requirements and fifteen (15) years after the date of issuance of the certificate of occupancy, or upon pa3'ment of the waived impact fees, the COUNTY shall, at the expense of the COUNTY, record an3' necessaD' documentation evidencing the termination of the lien. including, but not limited to, a release of lien. 9. BIN'DING EFFECT. This Agreemenl shall be binding upon the parties to this Agreement and their respective heirs, personal representatives, successors and assigns. In the case ofsale or transfer by gift of the Dwelling Unit, the original O",'t, .'%'ER shall remain liable for the impact fees waived until said impact fees are paid in full or until the conditions set forth in the Impact Fee Ordinance are satisfied. In addition, this Agreement shall run v.'ith the land and shall remain a lien against the Dwelling Unit until the provisions of Section 8 are satisfied. 10. RECORDING. This Agreement shall be recorded by O",\ .'NER at the expense of OWNER in tile Official Records of Collier Count.,,'. Florida, within fifteen (15) days after execution of this Agreement by the Chairman of the Board of County Commissioners. I 1. DEFAULT. Ox, k,'N'ER shall be in default of this Agreement (I) where O"3,.'NER fails to v,,ith the affordable housing standards and qualification criteria establishec in th~F~]~ - 2 - FEB181997 Fee Ordinance and thereafter fails to pay the impact fees due within thirty (30) days of said non.compliance, or (2) where OWNER violates one of the affordable housing qualification criteria in the Impact Fee Ordinance for a period offifleen (15) days after notice ofthe violation. 12. REMEDIES. Should the OWNER of the property fail to comply with the said qualification criteria for fifteen (15) days after notice of violation, or should OWNER violate any provisions of this Agreement, the impact fees waived shall be paid in full by OWNER within thirty (30) days of said non-compliance. OWNER agrees that the impact fees waived shall constitute a lien on the Dwelling Unit commencing on the effective date of this Agreement and continuing for fifteen (15) years from the date of issuance of the certificate of occupancy or until repaid. Such lien shall be superior and paramount to the interest in the Dwelling Unit of any owner, lessee, tenant, mortgagee, or other person except the lien for County taxes and shall be on parity with the lien of any such County taxes. Should the OWNER be in default of this Agreement and the default is not cured within (30) days after written notice to OWNER, the Board may bring a civil action to enforce this agreement. In addition, the lien may be foreclosed or otherwise enforced bv the COUNTY by action or suit in equity as for the foreclosure of a mortgage on real property. This remedy is cumulative with an3, other right or remedv available to the COL'LN'TY. The Board shall be entitled to recover all fees and costs, including attorneys fees, incurred by the Board in enforcing this agreement, plus interest at the statutory rate for judgments calculated on a calendar day basis until paid. IN' WITNESS WHEREOF, the parties have executed this Agreement for Waiver of Impact Fees on the date and 3'ear first above written. Witnesses: Print Name Ox3,.,'NERS: IMMOKALEE HABITAT FOR HUMANqTY, FNC. Charles C. S .m~, V~e~ President FEB 1 8 1997 DATED: ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: Timothy L. Hancock, Chairman Approved as to form and legal sufficiency Heidi F. Ashton Assistant County Attorney STATE OF COUNTY OF Collier~) The foregoing instrument was acknowledged before me this ~ day of )~.z~_~=e~, 199~ by Charles C. Smith, Vice President of Immokalee Habitat for Humanity, Inc. I4'(e is personally known to me. Name of Acknov,'ledger Typed, Printed/6r Stamped ]O,~',~ N E D,": L B k"Y ,"4OTARY VL'BLIZ STAI'E 0£ FLOP, IDA COMM:~e~r:ON' NO MY CO:/".{I~ION J.'.X P, .MAY jd'gm'c.'naples manor lakes/agree FEB 1 8 1997 EXHIBIT "A" LEGAL DESCRIPTION LOT 27 OF BLOCK 14, NAPLES MANOR ADDITION, ACCORDING TO THE PLAT BOOK THEREOF, AS RECORDED IN PLAT BOOK 3, AT PAGE 67, OF THE PUBLIC RECORDS OF COLLIER COUNTY FLOKIDA. FEB 1 8 1997 Pg. ~ EXECUTIV$ SUMMARY RECOMMENDATION TO GRANT FINAL ACCEPTANCE OF THE ROADWAY, DRAINAGE, WATER ;tND SEWER IMPROVEMENTS FOR THE FINAL PLAT OF "THE SEVEN SAILORS" To grant final acceptance of "The Seven Sailors" ~ONSIDERATION: On November 11, 1995, the Community Development and Environmental Services Administrator granted preliminary approval of the roadway, drainage, water and sewer improvements in "The Seven Sailors" 2. The roadway, drainage, water and sewer improvements not required by the plat to be maintained by the project's homeowners association will be maintained by the County. 3. The required improvements have been constructed in accordance with the Land Development Code. The County Development Services has inspected the improvements and is recommending final acceptance of the improvements. 4. A resolution for final acceptance has been prepared and approved by the County Attorney's Office. A copy of the document is attached. FISCAL IMPACT: The roadway, drainage water and sewer improvements not required to be maintained by the project's homeowners association will be maintained by the County Transportation Department and the County Utility Divisions. Funds for the routine maintenance and upkeep will come from the Operations and Maintenance budgets of the Transportation Services and Utility Divisions. SROWTH MANAGEMENT IMPACT: None FEB 1 8 1997 P~. ~ Executive Summary The Seven Sailors Page 2 That the Board of County Commissioners grant final acceptance of the roadway, drainage, water and sewer improvements in "The Seven Sailors" and release the maintenance security. 1. Authorize the Chairman to execute the attached resolution authorizing final acceptance. 2. Authorize the release of the maintenance security. PREPARED BY: John R. Houldsworth, Senlor Engineer Date Engineering Review REVIEWED BY~ , ~ ~\ Tho~ca-s E. Kuck, ~.~. -~ Engineering Review Manager Donald-W. Arno~ Plann~'g Services Director · ~ Administrator Community Dev. and Environmental Svcs. Community Dev. and Environmental Svcs. DIVISION ?_~_~_~ 7 Date Date JRH:ew FEB 1 8 ]997 PI. ~ I 3 4 6 7 9 10 11 13 14 16 17 19 :20 23 29 31 32 33 35 36 37 39 41 ,43 ,46 4'7 49 $0 $I 52 $9 60 RESOLUTION NO 97- RESOLUTION AUTHORIZING FINAL ACCEPTANCE OF TIIOSE ROADWAY, DRAINAGE, WATF. R AND SEWER INfiaROVE.MEN'TS I'N" THE SEVEN SAILORS", RELEASE OF THE MMNqT. NANCE SECURITY, AND ACCEPTING THEE MArNTENANCE RESPONSIB[LITY FOR THE ROADWAY, DRAINAGE , WATER AN'I) SEWER I],.WROVEMEN'rS THAT ARE NOT KF_.QUIRED TO BE MAINTAINED BY THE HOMEOWNERS ASSOCIATION ~q'-[EREAS, the Board ot'Coumy CommJssloners o£ Collier County. Florida. on May 2, 1995 approved the plat of "The Seven Sailors" for recording; and WIiEREAS, lhe developer has consl~cted and maintained thc roadway, drainage, waler ,,nd sewer improvemenls in accordance ~,SIh the approved plans and specifications and as required by the Land Development Code (Collier County Ordinance No 91-102, as amended), and the Utilities Standards and Procedures Ordinance (Collier County Ordinance No 88-76, as a. mended), W}fEREAS, the developer has now requested final acceptance oflhe roadway, drainage, water and sewer improvements and release ot'his maintenance security; and WHEREAS, the Compliance Sen. ices Section or'the Development Scm'ices Depa. nment has inspecterl the roadway, drainage, wa~er and sewer improvements and is recommending acceptance o£said facilities NOV',', THEREFORE, BE IT RESOL'vTD BY THE BOARD OF COU,~TY CO.MNgssIONERS OF COLLIER COL~"i"Y, FLORID,-L, that final acceptance be eranted for those roadway, drainage, water and sewer improvemems in "The Seven Sailors", anc~ authorize the Clerk to release the maintenance security BE IT FURTHER RESOLVED AND ORDERED that the Count)' accept the future maintenance and other attendant costs for the roadway, drainage, '.valet and sewer impro'~ements lhal arc not required to be maintained by the homeo:vners association This Resolution adopted after modon, second and majomy vote t'avoring same DATE. ATTEST: DWIGHT E BROCK, CLERK BO.-.LKD OF COUNTY CO.~L',,IISSION'ERS COLLIER COLrN"rY, FLORID,.',, By TLMOTHY L HA~NCOCK, CHAIR.MAN Approved as lo form and legal sufficiency Held; F AsSort Assistant Collier County Auomey AGENDA_ITEM, Nc). ~ FEB 1 8 1997 EXECUTIV~ SUP~Y WATER FACILITIES ACCEPT/tNCE FOR GLEN MA.NOR A/K/A SHOREWOODS OBJECTIVE: The Board of County Commissioners, Ex-Officio the Governing Board of the Collier County Water-Sewer District, to accept the newly-constructed water facilities to serve Glen Manor and authorize the recordation of the appropriate legal documents. CONSIDER3kTIONS: 1~ The Developer of Glen Manor, has constructed the water facilities within dedicated easements to serve this development. See attached location map. 2) Deed, Bill of Sale and other related documents have been submitted to Engineering Review Services in order for the County to accept the water facilities in accordance with County Ordinance 78-10. 3) The water facilities will be, upon acceptance by the Board, operated and maintained by the County Utilities Division under a one (1) year maintenance guarantee furnished by the developer. 4) .'=~ .'n-site inspection of the water facilities has been conducteo by the County Engineering Inspection section. This inspection reveals that the water facilities have been constructed in accordance with County Ordinances and Regulations. 5) The legal documents have been reviewed by the County Attorney and are legally sufficient for acceptance by the Board. 6) A cash bond in the amount of $365.00 has been accepted as surety. FISC3%L IMPACT: The water facilities were constructed without cost to the Collier County Wa~er-Sewer District. During the first year, the water facilities are under a Contractual Guarantee. After that time, the cost of operating and maintaining the water facilities will be paid by monthly user revenues. GROWTH MANAGEMENT IMPACT: ibis project has been connected to the County Regional Water Treatment Plant. This project will not create a new impact, as it has been planned for within facilities available at present. FEB 1 8 1997 Executive Summary Glen Manor a/k/a Shorewoods Page Two ]~ECC~NDATION: That the Board of County Commissioners, Ex-Officio the Governing Board of the Collier County Water-Sewer District, accept the water facilities for Glen Manor, with the following stipulations: 1) That the Board of County Commissioners accept as surety the receipt for the cash bond in the amount of $365.00. 2) The water facilities to serve the project cannot be placed into service and no Certificate of Occupancy shall be issued until the following items have been furnished. 3) Florida De~rtment of Environmental Regulation furnishes a letter authorizing the placement of the sewer system into service and approving the water distribution system for service. 4) Bacteriological testing has met the County's requirements. 5) The Fire Flow requirements of the project have been satisfied, and the Fire District furnishes a letter accepting the fire hydrant for ownership and maintenance. 6) Receipt of pa yr, ent bacteriological testing of water usage from Utilities for PREPAJ~ED BY: ~hirley~.~ix, ring Technician II Enginee~-/'~g Review Services Date Thomas E. Kuck, P.E. Engineering Rev~_~!/iices Manager Don'aTd-W ~Arnold, AICP ~a/n./ng Service/~partment Director Vincefit A. Cautero, Ad~n~inistrator COM24UNITY DEVELOPMENT A~ND EN"¥IRO~4ENTAL SERVICES Date Date Date AGENDA ITEM. FEB 1 8 1997 SPP. LYG$ '~ VLA, ZA ~ 1401' CTS.. ~ AY , o~s'r I: I ¥/~%E F,G LADES cIR r~,, 1.2 AGENDA.ITEM No. ~ FEB 1 $1997 PS. ~ ..-., 0 ~,I~£NDA JTEM. FEB 1 8 1~7 p~. 4- XE IVE M RY RECOMMEND THAT THE BOARD OF COUNTY COMMISSIONERS DIRECT THE COUNTY ATTORNEY'S OFFICE TO REVIEW A DRAFT ORDINANCE AUTHORIZING EXEMPTION OF MUNICIPAL TAX ON ELECTRICITY USED IN THE IMMOKALEE ENTERPRISE ZONE. OBJECTIVE: To have the Board of County Commissioners direct the County Attorney's Office to review a draft Ordinance authorizing exemption of municipal tax on electricity used by new and expanded businesses in the Immokalee Enterprise Zone. The purpose of such an Ordinance will serve as an incentive for attracting businesses to the Irnmokalee Enterprise Zone. While Collier County does not currently impose an electrical energy usage tax, it is the opinion of the State Department of Revenue that an Ordinance MUST be enacted pursuant to s. 166.231(9)(a) that exempts not less than 50 percent of such tax to be eligible for the exemption. CONSIDERATIONS: On March 28, 1995, the Board of County Commissioners pursuant to Section 290.056, F.S. passed Resolution 95-248 establishing areas included in Tracts 112.03, 113 and 114 and known as the Immokalee Community into an Enterprise Zone. After applying to the State, approval was received designating Immokalee as an Enterprise Zone effective January 1, 1997. With this designation, Florida State legislation allows several varieties of tax credits to encourage businesses to invest, renovate and grow in the Enterprise Zone, and to employ people from Collier County. One of these tax credits relates to State electricity sales tax exemptions. In order for this exemption to be available, a local municipality (which according to the Department of Revenue would be Collier County) MUST enact an Ordinance that provides for exemption of municipal utility taxes even if they do not currently impose such a sales tax. While the State Department of Revenue is reluctant to provide their position in writing, they will ultimately have the final say in authorizing exemption of state sales tax. FISCAL IMPACT: There are no costs to the County associated with this Ordinance. However, such an Ordinance will enable Collier County to offer another incentive to attract businesses to Immokalee that will ultimately increase county tax revenues and help to stabilize the Immokalee Community. AG£ I FEB 1 8 ]997 GROWTH MANAGEMENT IMPACT: While there is not an economic element in the Growth Management Plan, the attraction of businesses to the Immokalee Community will serve to strengthen the economic viability of Immokalee and add stability to a community that has recently suffered a loss of jobs in the agri-business. RECOMMENDATIONS: That the Board of County Commissioners direct the County Attorney's Office to review a draft Ordinance that would authorize a reduction of at least 50 percent of the municipal utility tax for electric energy for qualified businesses within the Immokalee Enterprise Zone. PREPARED BY: Jun G~.~dwin, Housing ~ogram Mgr. Date: ~reg//Mi ,1~ c, D~re~tor ' 'Date: Housing'and Urb~an ImProvement Vincent A. Cautero, Adrninistrator t.._ ~" Date: Community De,,,. & Environmental Srvs. FEB 1 8 1997 .EXECI, JTIVE $1,JM MARY RECOMMENDATION THAT THE BOARD OF COUNTY COMMISSIONERS AWARD BID #97-2614 FOR SINGLE FAMILY CURBSIDE RECYCLING CONTAINERS. OBJECTIVE: To gain Board of Count)' Commissioner approval for the award of Bid #97-2614 for single family curbside recycling containers at $3.83 per container to Rehrig Pacific Company. CONSIDERATION: On JanuaD. 1, 1991 County-v,'ide curbside recycling ,,,,'as implemented to approximately 40.000 single-family homes. As part of this program each home recei,,.ed an 18-gallon rec3'cling container to collect recyclables. In order to maintain supplies of containers for new homes and pro~.'idc rcplacemenB, bids were requested for ney, containers on December 9. 1996. Staff estimates purchasing 5,000 to I0,000 containers per year. The contract length is one year. However, these numbers ma.~ vary depending on user demand. Therefore this contract has'been writlen to allow for fluctuation should the need warrant. Bid inx'itations were solicited from equipment vendors. Bids were opened on January 8. 1997 and 5 vendors submitted bids. For more information on current bids please see attached bid tabulation sheet. The lowest bid meeting specifications was the container manufactured by Rchrig Pacific Company at a cost of $3.83 per unit, Thc Iox,.est bid was rejected because the container did not meet the requirement. Specificall3. thc container was not thc correct size. FISCAL IMPACT: $383 a bin in quantities of 5,000 per order or more Account #473-I 73413-652990 GROWTH MANAGEMENT IMPACT: None RECOMSIENDAT1ON: Ihat the Board of Ccm"fi"~ CommJss oners axxard bid #97-2614 for the purchase of single family c~rOsidc rc~.Oing b, in's~/~;3.83 per container to Rchng Pacific Company. '~rc~ ~I C~k. R~'cling Coordination Date P~PARED BY: Steve Camell. ~rchasing Director' Date J ffa['id X['. Russell. Solid W~te Dir<tor Date ~)~ond W Miller. P.E. Interim Administrator ~blic Works Dix'ision REVIEWED BY: FEB 1 8 1997 TABULATION FOR BID #97-2614 #S~ngle F~nily Curbside Recyc~ Containers" OPENING DATE: Jan. 8. 1997 I:'OSTI]qO DATE: Dec. 9, 1996 INVITATIONS SENT TO: 55 Vez~lors l:~.~e I of' 1 'he Bidder propose4 and alr~es, if proposal Ls accepted, to contract with thc county to furnish work in full, in complete accordance i wtth the specifications, according to thc i following unit price.s: I:LECYCLING CONTAIN~ERS Unit Price DELIVERY FN CALENDAR DAYS FROM DATE OF PURCHASE ORDER (not to exceed 30 days) SAMPLF. FU'R~',II SHE D EXCEtxFIONS LISTED: /5-.30 .days ._~days Yes ~o ~Ycs ~o Prompt Payment Terms: Addenda Acknowledged: Net ~ days N~ ~D days _Y S ~% ~days ~% ~clay WITNESS: "No Bids" received from: Municipal Waste Management, Li~; Astor Chemical Co., Inc.; Southeast Pat:c.r R~cllng Co,; and Laidlaw Env~nmental Scr-dccs, Inc,. TABULATION FOK BID ~97-2614 "Single Family Curbstde Recyctin~ Contalncr~" OPENING DATE: Jan. ~, 1997 POSTING DATE: Dec. 9, 1996 IN'VITATIONS SENT TO: 55 Ve,~ors Page I of I Bidder propo:.es and agreca, if progosal L~ acx. epted, to contract with the c.o~mty to f'umiah work in full, in complete accordance with the specifications, according to the following unit pric~: RECYCLING CONTAINEKS Unit Price DELIVERY IN CALENDAR DAYS FROM DATE OF PURCHASE ORDER (not to exceed 30 days) SAM~PLE FUPJqI SHED EXCEPTIONS LISTED: Prompt Payment Terms: Addenda Acknowledged: ,369 ea~,~' days .days days Yes ?___No Yes __._~o Yes ......_No __Yes .__.~__~No Yes .___No Yes ....__No __Yes N % __days __% __days *4 days ~ __day~ Net '~C" days Net .__ days Net .__ days Net __ days Y~S ~,~q'o __YSS __NO __~S __NO __Y~ .___~0 "No Bids" received from: Municipal Waste Management, LLC; Astor Chemical Co., Inc.; Southcait Paper Recycling Co.; and Laidlaw Environmental Services, Inc.. ExEcvI'rVE SUMMARY EXECUTION OF AN EASEMENT DOCUMENT W]TH FLORIDA PO'vVER & LIGHT COMPANY OBJECTIVE: That the Board of County Commissioners, Ex-officio the governing Board of the County Water-Sewer District, authorize the Chairman to execute the easement document with Florida Power & Light Company for an easement associated with the North County Regional Wastewater Treatment Facility. CONSIDERATIONS: As part of the recent effluent pump station work at the North County Regional Wastewater Treatment Facility, a new power service was necessary. As a result, Florida Power & Light Company requires the County to grant them an easement for the installation of and access and maintenance to their facilities. This item has been reviewed by staff of the Public Works Division and the County Attorney's Office, and we are recommending that the Board of County Commissioners approve this easement. FISCAL IMPACT: There is no fiscal impact associated with providing this easement. The only' fiscal impact is recording of the easement after execution. Funds for this will come from fund 408-233312 ('NCRWWTF). GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: That the Board of County Commissioners, Ex-officio the governing Board of The Collier County Water-Sewer District approve the easement with Florida Power & Light Company and authorize the Chairman to execute said easement document. Consent Agenda 2/I 8,'97 Work Order No I?gT-07..S36 Scc. 27, Twp 48 S, Rge 25 E Parcel I D. # ('Mainuined by Co~'~t)' Appraiser) Form 3722 (Stocked) Rev, 2/92 EASEM£NT This Instrument Prepared By Jim lyre rtl,, m FLOR]DA POWER & LIGHT CON4DANY 4105 SW I$ AV Naples, FL 33999 Page I of 2 ~.~, Thc undcrs gned, in consideration of thc Dayment of $I.OO and other good and valuable consideration, thc adec~cy and receipt of which is hereby acknowledged, grant and give to Florida Power & Lighl Company, its licensees, a~cnts, successors and ass 8ns an casement forever for thc construct,on, operation and maintenance of m, erhcad and underground electric ut ltv facH,t,es (includin8 wires, poles, guys, cables, conduits and appurtenant cqu pment) reco~truct, improve, addto, enlarge, change the voltage as well as. the sizet° be insLalled from time to time, with t~e right to an casement .L~ feet in width described as fo lows: of and remove such faciht~es or any of them v.'ichm An FPL Company easement more particularly described on Exhibit A attached hereto and re.de n par~ hereof Said casement prepared by Amebean Engincerin~ Consul~nts, /nc., daled September 18, 1996 A~EST: DWIGHT E. BROCK, Clerk To~.:cthcr with the risht to permit an',' other person, firm or corporation to attach ,.,,'ires to an)' facihtics hereunder ,tnd la',' cable and conduit within the easement an~l to operalc the ~mc for communicauons purposes, thc right of ,ngress and:egress'to sa~d premises at all tUnes; the right to clear the land and keep it cleared of al/ trees, undergro,,,.-th and other obstructions within the easement area; to trim and cut and keep tr~mmcd and cut all dead, weak, lean ng or dangerous trees easement area ' ' ' . or limbs outside of the ~,h,ch m,ght interfere w,t.h or fall upon the hnes or systems o[ corru'nu~ications or Power ~ansmission or dis~bution; and further grants, to the fullest extent the undersigned has the Power to grant, if at ail, the rights hereinabovc granled on the land heretofore described, over, along, under and across the roads, streets or hiE, h',,.'ays adjoinin8 or th~ouL~h said property ~ WIT'NESS W'H'ER.EOF, the undersisned has signed and sealed this instrument on Board of County Commissioners, Collier (Chairman's signature) Print Name ~ Ptmt Add:ess _~ 19~. County, Florid 3301Tamiami ' Third Floor, Administration Bldq. N_~l~les, Florida 34112 Page 2 of 2 $.~. 1/4 .)4 '-~FK I/4 SKETCH OF LEGAL DESCRIPTION (NOT lO SC,U_[) P,O.C. ' ~N011~S PCc~T C)~ C0&aU~NC"~d~NT p.oR. - OENOT[S PC~NT O~ 0[C~NN~NC ~ - O£NOI'ES BASIS O¢ BE~,mNG LEGAL DESCRIPTION BE.~3 ~ STM O¢ L~O Th~' iS L~C ~rHIN l~C SOUI~,~ST I0~S".P 48 S~. ~ANGC 25 [~St. C~U[~ C~'h~, ~OX AND ~ICH N~ 0 D[G~EES 2g U~NU~S 24 SEC~DS ~ST. ~C ~C [ASl SA~0 SCC~ 27, A glSt~C[ ~ 1319 41 K[ET. ~[N~ q~ 8g BEG,N~,~C ~ A Sm~P ~ LA~0 ~1 ~S ~O rEEl ~ ~D k~C 5 FEEl U~NU~S 01 ~C~O ~ST, X D~STANC[ ~ 75~ ~t. (2) ~CNC[ N~ ~[NC[ N~ 8~ D[~CCS 24 MINg'S 54 ~C~0$ ~ST. A DfSIANC[ ~ t25~ rc[t 10 ~C P~H] ~ ~P~!NuS UN[ ~ SAID ~C~ Z7 1. ALAN NE~,. P.L S ~ ~/~,~/~&,, rLC~OA CC~;,;'~C~ NO 4656 P~E"~'PCD BY AMERICAN ENGINEERING CONSULTANTS, INC. 790 HARBOUR OP~[ ~APLE$, FL, 34103 (941) 649-1551 (FAX) 64~- 7112 573 BALD EAGLE Dn MARCO ISLAND. FL. 34105 (94!) 394-1697 (FAX) .394-7571 f%.Z 1 8 1997 AWARD CONTRACT TO BONNESS, INC. TO INSTALL SIDEWALKS FOR COUNTYWIDE PATHWAYS ! PROJECT, (BARFIELD DRIVE, SAN MARCO ROAD, 50TM ST. S.W., SOLANA ROAD), ('BID 97-2621) ~IVE~: That the Board award a contract to install sidewalks at fo~ locations (Barfield Drive, San Marco Road, 50*' St. S.W., and Solana Road) throughout Collier Cotm~.' in order to implement a portion of the Countywide Pathway program. CONSIDERATIONS: 1. On December 17, 1996. the bid posting occurred. Invitations to bid were sent to sevenw-eight vendors. On JanuaD.' 22, 1997 bids ,,,,'crc opened for thc pathway construction project. 2. Four bids ',','crc received as shov,'n on the attached bid tabulation she,et. Thc lowest, responsive bidder ','.'as Bonncss, Inc. in the amount of $I00,668.85. 3. Bonness. Inc. has a satisfactoD. performance record on other contracts involving similar work. .FISCAL IMPACT: Funds in the amount of $100,668.85 are available in Fund 313-163673-69081. '~ Counw',vidc Bikeways, Io cover thc cost of the contract. GROWTH MANAGEMENT IMPACT: This work is a necessarv component of a transportation capital project which is consistent xvith the-Grov, l.h Management Pla~n. RECOMMENDATIONS: St,'Lffrecommcnds the Board of County Commissioners award a contract for Bid No. 97-2621 to Bonness, Inc. for the total bid in thc amoun(of$100.66§.85 and authorize the chairman to execute the contract. . ~ ") ' · Date (' ' Office of Capital Projects Management KEVIEWED BY: ~., -~'. ~:.',.,,-~_ Steve Cam¢l[. CS.M., Director Date Adolfo A. Gor~lez. P.E., Direr'or --''') O~...~,~ of Capital Projects Mai{agement Ra.'~nd W. Miller, P.E., Interim Administrator L~ate Public Works Division · q:) ~ E.XSI'M.q-;D 004 FEB I 8 1997 .--; ~ FErd 1 8 1997 O0©OC I1 O~OC~ ZZZZZ NO~ T FEB EXECUTIVE SUMMARY RECOMMENDATION TO ACCEPT A UTILITY EASEMENT FROM RIVIERA COMMUNITY ASSOCIATION, INC. LOCATED IN TOWNSHIP 50, RANGE 26, SECTION 18 OBJECTIVE: To accept a Utility Easement from Riviera Community Association. CONSIDERATION: The water and sewer facilities that serviced Riviera Colony Golf Estates were improved. This activity included the installation of a wastewater forcemain along Riviera Boulevard. As a result the existing easement area was changed to accommodate the newly installed facilities. After the Phase II Riviera Colony Project construction is complete, the easement area will be restored with sod and shrubbery as defined in the attached Utility Easement. ,..~. FISCAL IMPACT: The easement was donated to Collier County Water-Sewer District and , ~ record ng fees are paid by the Grantor, Riviera Community Association, Inc. GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: That the Collier County Board of Commissioners accept the Utility Easement for the stated purpose, and direct staff to properly record afl necessary documents in the Public Records of Collier County. Prepared By: 1'~' ' '~-' j''' Lois Nichols, Real Property Specialist II Real Property Management Department Reviewed By: L - "' '" ' ,/',' /" ' ,'"-'.-': ."-,"-" Thomas A. Donegan, P.E., Project Manager II Office of Capital Projects Management Adolfo A Gon~ez, P.E.,~irectu¢' / ,/ ' Office of Capit~l Projects Management Raymodd ~ ~e~ ~ Public Wo~s ~dministrator Division of Public Works FEB I 8 1997 UTILITY EASEMENT THIS INDENTURE, made this --/3 day of ~O~~ , 1996, between Riviera Community Associatlo-~-~, Inc., a Flo~ not-for- profit corporation, whose mailing address is 520 Riviera Boulevard, Naples, Florida 33962 ("Grantor,,) , and BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY FLORIDA, as Ex-Officio Governing Board of Collier County Water-Sewer District whose mailing address is 3301 Tamiami Trail East, Naples, Florida 34112 ("Grantee"). W I TNE 8 SETH: 1. rant and Descri tion of asement Grantcr, for and in consideration of $10.00 and other valuable consideration in hand paid, the receipt of whereof is hereby acknowledged, grants, bargains, sells, transfers and conveys unto Grantee a perpetual non-exclusive blanket utility easement under, upon, over and across Tract H of Riviera Colony, a subdivision, as described in Plat Book 8, Pages 17 and 18 of the Collier County Public Records. The easement is limited to those portions of Tract "H" described in Exhibit "A" hereto. The purpose of this easement is to permit Grantee to construct, operate, maintain, reconstruct, repair and replace utility improvements constituting part of the Collier County Waste Water System. 2. Maintenance and Restoration This Grant of Easement includes the right to remove and/or relocate sod, trees, shrubbery, and sprinkling systems located within Exhibit "A" (hereinafter "the Easement Area") provided however, the cost of replacing sod and sprinkler systems shall be borne solely by the Grantee. Additionally, upon completion, the construction area will be restored with sod and Grantee will plant shrubbery (Coco Plum or equivalent) to buffer or screen the area of the electrical control panel. Grantee will, at its expense, repair any damage which may be caused to Grantor's property as a result of Grantee's negligence. Subject to the ccnditions and limitations of Section 768.28, Florida Statutes, Grantee agrees to indemnify and hold harmless Grantor from all claims, demands and suits (including attorney's fees and costs), by third parties, including employees, agents and contractors of Grantee, from personal injury (including death) and/or property damage arising out of or in connection with the construction, maintenance or operation of the improvements placed within the Easement Area by Grantee. 3. Reservation of Use Grantor, on behalf of itself and on behalf of its members, reserves and shall continue to enjoy the use of the Easement Area for any and all purposes which do not interfere with the purpose and use of the easement granted herein. Title to the Easement Area is reserved in Grantor, subject to other easements and restrictions of record, and this document shall only be construed to grant an easement for the purposes hereinabove set forth. 4. Termination The easements, rights, licenses and privileges granted hereunder shall terminate when, or as such time as, the purposes herein stated cease to exist, are abandoned by Grantee, or become impossible of performance. 5. Enforcement If Grantor or Grantee, or their respective successors, fail to comply with the responsibilities under this Easement, then Grantor or Grantee, or their respective successors, as the case may be, shall have the right to proceed in an action in a court of competent jurisdiction for specific performance and/or damages, as appropriate to the circumstances surrounding the breach of the agreement, and the prevailing party in such litigation shall be entitled to recover its reasonable costs and a reasonable attorney's fee, including attorney's fees on appeal. 6. Modification of Easement There are no other agreements or prcmises by Grantor or Grantee except as specifically set forth herein with respect to this Easement. No alterations, changes, modifications or amendments shall be made to this Easement, except with the written consent of the Grantor and Grantee and/or their respective successors. 7. Interpretation This Easement shall be ccnst~'ued in acccrdance %-.'ith the of the State of Florida. 8. Pr_~arer This Easement has been prepared by Becket & Poliakoff, P.A., solely as a scrivener, based upon information submitted by the parties hereto. Becket & Poliakoff, P.A., has performed no title examination with respect to the subject matter herein, nor has an opinion of title been rendered to either party. -2- 9. Authoritl Grantor represents that it has full authority to enter into this Easement, in accordance with its Articles of Incorporation, Bylaws, and Declaration of Covenants. Grantee represents that it has full authority to enter into this Easement. 10. Effective Date This Agreement shall be effective as of the date the Grantor and Grantee have fully executed same. IN WITNESS WHEREOF, Grantor and Grantee have executed this Easement the day and year first above written. WITNESSES: Printed Name:f~J~-%- g.;'~-.~.. RIVIERA COMMUNITY ASSOCIATION, INC. BY: · ~ ~__2~ · .' ' ! ~)__~=x~. Kenneth Hoge, President Printed hame~/ /' ~.0 ~ '~ I' Printed Name: Prin'ted Na2e:~p ATTEST: Anne G_rcD .e~ -'?lynn S e c r e t~Cr~,? ~,a~ STATE ~ FLOR- ~ .~ DA : : COUNTY OF COLLIER : $5 Th~oregoing instrument was acknowledged before me this /__~_ day of/~a~_~,~c_', 1996, by Kenneth Hoge as President of Riviera Community Association, Inc., who is personally known to me, -3- ~.~) FEB ! 8 1997 or produced as identification, and did/did not take an oath. If no type of identification is indicated, the above-named person is personally known by me. My Notary Public Printed Name of Notary BOARD OF COUNTY COMT~ISSIONERS ~'~r_~..~.r To'r_., C.~..~ ~, FLORIDA ATTEST: Dwight E. Brock, Clerk BY: Timothy L. Hancock, Chairman -4- FEB 1 8 1997 PGo__~ £XHIBIT "A" Pa~e I of 2 3301 OFFICE OF CAPITAL PROJECTS EAST TAMIAMI TRAIL NAPLES, FLORIDA 339G2 (8]3) 77'~-8192 PROJECT NO. PROJ£CT P~RC£L NO TAX PARCEL SKETCH OF LEGAL DESCRIPTION (NOT A SU~ Commencing al Ih,:. Nonheasl comer oftracl "tt" (Lake Cole D'A~r) as sho'~'n on the plal Thereof. RJ'.icra Colon). as recorded in Pla113ook ii Pages 17 & 18 as recorded in the Public records o~Colher Col nTy, Flor da. said poinl being Ihe POINT OF BEGFNrN'ING, and lhe beginning ofa curs. c, concave lo thc Wcsl, havingaradiusof6?9 57 feet, ccnlralangleof29 ° 31' 4S", and a chord of 34637 feet bearing Soulh 22° 15' 21" ~,~,'cst Io tl~e point of c.rs'amrc ora reverse curs, c, concave to lhe Easl, having a radius o£ 31000F¢ct, a central angle 01. 660 52' 28", and a chord of 341 63 fcet hearing South 3° 34' 59" WesLthenceSouthalonBsaidcLrve adistanceof361 83feet thence South 290 51' I$"EasLadistanceof 47 23 feel to thc paim o1.curvature ofa tangent curve, concave to the northeast, having a radius of 230 00 feet and a central angle of 28° 54' 12", thence southeast along said curve, a d~stance of 116 03 feet Io the point of curvature ora reverse curve, concave to the SOIl l'.','('Sl having a radius of 17 00 feet, a central angle of S?° 47' 12". and a chord of16 43 f¢¢l hearing South 29° SI' .SI" Easl, thcnce soulhc.'~st alonp, saM curt.,:, a di~l:,nce ~'~1. 17 IS fuct, thence -%ulh 00 .Sit' IS" East. dlslimct: nf3S t)r~ f,.',.:t, Ih,.:,~ce .%ulh ~9': 0I' .IS" ",V,.'st, a d~,tancc of:'$ Oa feet, Ihenc¢ Nortl~ O° 58' IS" \\'¢~I, a d,~:,~ncc nf .1Fl ,,,,'~ l',..'t'[ tO Ihe pool of CIIrs'ahlre ora non. lan~cnt curt'e, concave to the Nonhea~,L havin~ a radms of 255 O0 Feel. a cenlral angle of 16; 37' 30". and a chord of'73 73 feet bearin~ Noah ,.190 26' SI" West, thence nonhwesi along said curs,e, a d~stance of?3 00 feet, thence Noah 48° 51' 54" Eash distance of I5 00 feet lo Ihe point ora curs'amre ora non-tangent curve, concave to nonheasl, havin~ a radius of 2..I0 O0 Feet. a cemral angle ot' I1" 16' 51", and. chord of 4,7 18 1'c¢I hearing Noah 35° 29' 40" \\'esl, thence northwest along said curs'e, a dislanceol'4725 feel, tl~¢nceN'onh 20~ SI' IS" Wesl, adislanceof4723 feet to point of cHr..,alure ora lan~cnt curs'e, conc~.,c to lh¢ Easl, having a radius of 320 OO feet andacenlratangleo1. 660 52' "8", thence Nonh along said cum. e, a distance of 3'73 SO feet Io the point 01.curs'amrc ora reverse c.rs'e, concave to ~he nonhwcsh having a radius of 669 S? £eel, a central anl41e of 24° 23' IY'. and a chord o1.21~2 84 Feet bearing Noah 24° 49' 3?" Easl, thence nonheas~ along said curs, e, a distance of 284 99 feet, thence Noah '/7° 22' OO" \Vesl, a dislance o1' iS OO feel to Ihe point of'curvalure of,, non- lan~eat curs, e, concave IO the Wesh having a radi.s of 654 .S? feel, ii cenlral angle of 49' OO",.,ndachordof55Oi feet bearingNonh IO° 13' 31"Easl, lhcnceNonhalong said curve, a distance o1.55 03 feel, thence N'nrlh 89" O1' 4.~" £asl, I distance of 2~ :29 feel ~o the POINT OF BEGINNING, sa~d described tract contaimnl:1 11,'783 sqnar¢ feet or 271 acrcs, mo,~ or less Basisofbcarin~sislhch,'onhhncofsimllracl,,ll,,beingNorlh ii9* 01' 4S" EISt OFFICE OF CAPITAL PROJE~T~ ~'~ EXHIBIT "A" 3301 OFFICE OF CAPITAL PROJECTS EAST TAMIAMI TRAIL NAPLES, FLORIDA .33962 (815) 774-8192 Curve numioer % R~dt~ - 67957' 4r¢ · 3~0~38' Tomoem! · 179!0%' Chor~ · 34637' Curve number Ra~us - 31000' A~C · 36~83' rangen~ = ~04 ChOr~ - 34{63' C~eve mu~be~ Ra~vs · ~3000' Yo~oee~ = 59275' Chor~ = 114 Chord B~O S,44'I0'21'E. ~ ~ 57'47'1~' Tomoem~ ' 930~' Chord · 16 43' Chord Br0 S.29'51'51'E. RGdI~s = 255C0' ~ ' 16'37'30' ArC · 73~9' Tomgem~ - 37257' C~Ord ~ro SKETCH OF DESCRIPTION Cvrve mv~ber 6 RG~uS · 24000' ~, ' 11'16'51' ArC · 4725' Tonge-t · 9B262' Chord · 471B' Chord D?~ Curve numbe~ 7 J agoras · 32000' ~uO~*CO lanoemt ' 211 300' Cmo~o · 352655' ,fhO?~ ~e9 N03'34'59'[. R~I~S · 669~7' TRACT ~ ' 2~'23'13' ArC = 204 TGmOem~ * 144~O~' Cmo~ · 2028~' ~ = 04'49'00' 0 R,c · 5503' To~oe~ · ~753' Chord · 25 29' .P,O.B, 77'22'00'W 15 00' 47 23' 15.00' t4 O0'SUI 30 6.3' 5'[. 47 23' S 00'58h5'[ 35 GO' 25 00' GENERAL NOTES ]) P,OC. fndlcotes Po;~t oF COmmencement ~> P.D.]], Imdlcotes Polmt OF' Beginnir~g 3) Sec. Imdlcoies Section 4> Twp, ]n~lcoles 5) ~ge, {indicates ~omge 6) ~/~ IndicaTes RighT-Or-woy 7) All distorters o~e Im Feet omd decImols ~heteoF TrOC~ 'H' ~s being 9) Not v~lld umless signed ~md seoled with The embossed seGt oF The p~oCesstom~J {GmO s~veyo- THIS IS ONLY A SKETCH SCAI.E 06-28-96 RCS-I I SHEET 2 {r).): Y q ) 1997 EXECUTIVE SUMMARY APPROVE THE COMMITTEE SELECTION OF QUALIFIED GENERAL CONTRACTING FIRMS TO RECEIVE AN INVITATION TO BID ON THE CONSTRUCTION OF THE MEDICAL EXAMINER FACILITY. OBJECTIVE_.__~. To qualify general contractors to receive an invitation to bid on the construction of the Medical Examiner Facility. CONSIDERATIONS: The Medical Examiner Facility will be constructed on Domestic Avenue in Naples Production Park. This facility is to include specialized medical facilities and equipment, air-conditioning and filter systems, medical staff offices and laboratory Bidders on this project were selected based upon medical construction experience, financial stability, and having completed similar sized construction projects. Nineteen responses were received to the Request for Qualifications 97-2622. After evaluation by the five member selection team, the responders were individually ranked by each member and then a committee ranking was made. Eight firms were selected with three of the firms receiving equal points. There was a distinct rank separation between the selected firms and the other submittals. The eight firms are: Kraft Construction Company, Inc. Compass Construction Inc. Centex Rooney Construction Company Common Medical Development Vanderbilt Bay Construction Company Professional Building Systems Rovel Construction Inc. Wallace Wilkes Inc. FISCAL IblPACT: Not applicable at this time as there are no project expenditure of funds by this action. GROWTH MANAGEMENT IMPACT: Plan. Consistent with Growth Management RECOM'MENDATION: That the BCC approve the Selection Committee's list of eight firms qualified to bid on construction of the Medical Examiner's Facility. 1997 Thomas A. Donegan, P.E., ?/'oject Manager Office of Capital Projects Management REVIEWED BY DATE: REVIEWED BY: h , Sieve Chrnell, r~irector Purchasing DATE: Tom 01 i iff,' ,X, d m-~n i $ ~t o Public Services Division DATE: Raym'bnd W. Miller, P.E., Interim Administrator Public Works Division SELECTON COMMITTEE FINAL RANKING: FIRST SECOND THIRD FOURTH FIFTH SIXTH SEVENTH EIGHTH NINTH TENTH ELEVENTH 'DcVELTH THIRTEENTH FOURTEENTH FIFTHTEENTH SIXTEENTH SEVENTEENTH EIGHTHTEENTH FIRM I I , r: " ":' '~ ,' ,", c..{- Selection Committee ,Chairman's Final Ranking is the stm of each committee ~nember s rank for each The lowest; sum indicates the position of selection by the co~ittee.| 1997 ]~XECUTIVE SUMMARY APPROVE AN AMENDMENT OF AGREEMENT TO BOULEVARD LANDSCAPE BEAUTIFICATION AND MASTER PLAN, PROJECT AGREEMENT. THE DAVIS STREETSCAPE OBJECTIVE: To request the Board of County Commissioners to approve an Amendment of' Agreement between Collier Nap]escape 90's (Consultant), George Bother, ASLA (Professional) and Collier County for providing 25 additional copies of. the first draft of the Streetscape Master Plan. CONSIDERATIONS: On June 4, 1996, Agenda Item 8 03) (3) the Board of County Commissioners authorized an agreement between Collier Naplescape 90's (Consultant) , George Bother, ASLA Professional and Collier County for Davis Boulevard landscaping design and a Collier County Streetscape Master Plan The agreement specifically states that the professional shall not be reimbursed for any expenditure not included in the proposal nor be reimbursed for amounts in excess of those stated in the proposal unless an amendment to the agreement is entered into by the Consultant, Professional and the County The Professional has been requested to provide 25 additional copies of the fist draft of the Streetscape Master Plan for an additional cost of $1,638.10. FISCAL IMPACT: Funds are available in Fund Cost Center Project 301 117015 60013 (Davis Boulevard Landscape Beautification) GROWTH MANAGEMENT IMPACT: None RECOMMENDATIONS: That the Board of Count}' Commissioners approve an Amendment of Agreemen/ for $1,638 10 and authorize the Board Chairman to execute the Amendment d/~.. //J' ~eorge/H 13arker, Sr' project Manager REVIEWED BY: REVIE%:ED BY: attachment pag ex.~rndav~,bl', d 01 Office, of Capital P, rgjects Management /~//~. 1'/~ Date Adolfo A G~/n2alez, ~P irectorcto.~ Office. o.f Capital Projec~ff/~)Management Raymond W Miller, P E, Interim Administrator Public Works Division AMENDMENT OF AGREEMENT DAVIS BOULEVARD LANDSCAPE BEAUTIFICATION AND STREETSCAPE MASTER PLAN PROJECT AGREEMENT THIS AMENDMENT OF AGREEMENT, dated as of the day of 1997, by and between Collier Naplesc'ape '90's hereinafter called 'CONSULTANT" George Botner, ASLA, hereinafter called "PROFESSIONAL, and Collier County a political subdivision of the State of Florida, hereinafter called the "OWNER" or *COUNTY". WHEREAS, the parties hereto are also the parties to that cedain Agreement dated the 4th day of June 1996; and WHEREAS, it is the desire of the parties to amend said Agreement to provide for provide 25 color copies of the first draft of the Streetscape Master Plan, for use by policy makers; NOW THEREFORE, based on the mutual convenants, conditions and obligations contained in the Agreement, and as further stated herein, the parties agree as follows: 1. That section of the document entitled SCOPE (DF WORK, PAYMENT and AMENDMENTS, comprising a component part of the Agreement, addressing budget revisions be amended in writing, is amended in the following respects: Provide 25 additional copies of the First Draft of the Streetscape Master Plan at a cost $1,638.10. 2. Except as expressly provided herein, the said Agreement dated as of the 4th day of June 1996, remains in full force and effect according to the terms and conditions therein, and said terms and conditions are applicable hereto except as expressly provided otherwise herein. WHEREFORE, the parties have executed this Amendment to Agreement the day and year first above written. ' A'FrEST: Dwight E. Brock, Clerk of Courts BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: By: Date: Timothy L. Hancock, Chairman, AICP (SEAL) First Witness I Type/Print Witness Signature Second Witness Type/Print Witness Signature Type/Print Witness Signature f Secb"~d Witness - Type/Print Witness Signature Collier Naplescape '90's CONSULTANT ~lgnm'fJre / Typed Signature and TiNe CORPORATE SEAL (Corporations Only) Geor,qe Botner, ASLA PROFESSIONAL - Sig~Ture I - - Typed Signatuie and Titl~ CORPORATE SEAL (Corporations Only) Approved as to form ciencv: ~---t~ ich a el Pettit{¢' .... Assistant County Attorney EXECUTIVE SUMMARY APPROVE A STIPULATED FINAL JUDGMENT, FOR COLLIER COUNTY V. WILLIAM KINSLEY, EY AL., CASE NO. 96-1315-CA-01-DRM, PARCEL NOS. 90lA, 706A, 906A, 706B, 906B,.706C, 906C, 706D AND 906D, OFC AND OLDE FLORIDA GOLF CLUB, INC., FOR THE PROPOSED NEW RAW WATER WELL SIYES FOR THE NCWTP 8-MGD EXPANSION PROJECT. OBJECTIVE: To obtain Board approval for payment of $1,207.50 for a stipulated final judgment for Collier County v. William Kinsley, et al., case no. 96-1315-CA-01-DRM, parcel nos. 90lA, 706A, 906A, 706B, 906B, 706C, 906C, 706D and 906D, OFC and Olde Florida Golf Club, Inc. for the proposed new raw water well site easements for the NCWTP 8-mgd Expansion Project. CONSIDERATIONS: The Board on January 9, 1996, item 8 (B)(1), adopted Resolution Nos. 96-13 and 96-1 authorizing staffto acquire the necessary raw water well site easements in fee simple by girl, purchase or condemnation for the NCRWTP 8-mgd Expansion project. These sites have been acquired via fee simple title. Final design is being completed and the project construction will bid in July 1997. The County and the Respondent have entered into a Stipulated Final Judgment subject to the approval of the Board. The Stipulated Final Judgment provides that the County pay an additional Sl'~ .~ ,,.07._ 0 into the Registry of the Court within 30 days of stipulated final judgment (Januar).' 30, 1997). Staffhas reviewed the County's obligations stated in the Stipulated Final Judgment and consider them to be reasonable. The obligations compensate the defendant, Olde Florida Golf Club, Inc., to provide and construct certain landscape buffering improvements in and around Parcel no. 906B, a well site easement. Further, Olde Florida will maintain the installed landscaping. FISCAL IMPACT: Funding of the above acquisition is available in Fund 412-273511- 70859, NCRWTP 8-mgd Expansion.. GROWTH MANAGEMENT IMPACT: The project is consistent with the capital improvement element of the County's Growth Management Plan (CIE 859) and the subject acquisition was a requirement for the project. ~TION: That the Board of Count,,, Commissioners, and as ex-officio the Collier County Water-Sewer District, approve the'conditions of the Stipulated Final Judgment and the expenditure of $1,207.50 in accordance v~Sth the attached Stipulated Final Judgment for the NCRWTP 8-mgd Expansion project. i ii ll, llll ii I IIII IIIIIIII .......... II --- ~ ......... I Executive Sununary Page 2 PREPARED BY: REVIEWED BY: REVIEWED BY: Peter Schalt, PMP, Project Manager OtT~(: of Capi .t,31,4t~jects Manal~ement ~A _~_olfo A. C~nzalez, P.Ef,,,ibirew~ ' Ollice of Capital Project'Management Rayrrfond W. Miller, P.E., Interim Administrator Public Works Division Attachment: Stipulated Final Judgment cc: Kart I15 P, ov~. 'N'hchael 'R. Newrnan, Water Director 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, and THE COLLIER COUNTy WATER- SEWER DISTRICT, Plaintiff, vs. WILLIA24 A. KINSLEY, et al., Case No. 96-1315-CA-01-CTC Parcel Nos. 901A,706A, 906A, 706B, 906B, 706C, 906C, 706D, and 906D Defendants. _/ T P LA E UDGM THIS CAUSE having come before the Court upon a Joint Motion made by Plaintiff and the Defendants, OLDE FLORIDA GOLF CLUB, INC. and OFC OF NAPLES, INC., by and through their undersigned counsel, for entry of a Stipulated Final Judgment as to the above-styled case, 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 Plaintiff is the full compensation due the Defendants, OLDE FLORIDA GOLF CLUB, INC. and OFC OF NAPLES, INC., and the Court being otherwise fully advised in the premises thereof, it is thereupon OPJDERED AND ADJUDGED that the Defendants, OLDE FLORIDA GOLF CLUB, INC. and OFC OF NAPLES, INC., have and recover from the Plaintiff, COLLIER COUNTY, FLORIDA, and THE COLLIER COUNTY WATER-SEWER DISTRICT, the sum of One Thousand Six Hundred Twenty-five Dollars ($1,625.00), consisting of $300.00 for Parcel No. 90lA, non-exclusive perpetual Utility Pipeline Easement; $100.00 for Parcel 706A, Temporary Construction Easement through March 31, 1998; $100 for Parcel No. 906A, non-exclusive perpetual Utility Well Site Easement; $100.00 for Parcel No. 706B, Temporary Construction Easement through March 31, 1998; $500.00 Parcel No. 906B, non-exclusive perpetual Utility Well Site Easement; $100.00 for Parcel No. 706C, Temporary Construction Easement through March 31, 1998; $100.00 for Parcel No. 906C, non-exclusive perpetual Utility Well Site Easement; $100.00 for Parcel No. 706D, Temporary Construction Easement through March 31, 1998; $100.00 for Parcel No. 906D, non-exclusive perpetual Utility Well Site Easement; and $125.00 for Parcel No. 904A, non-exclusive perpetual Utility Pipeline Easement, as full payment for the property interests taken and for any damages resulting to the remainder, if less than the entire property was taken, and for all other damages in connection with said parcels; it is further ORDERED that the Plaintiff shall pay an additional sum of $1,207.50 to the Defendants, OLDE FLORIDA GOLF CLUB, INC. and OFC OF NAPLES, INC., for said Defendants to provide and construct certain landscape buffering improvements in and around Parcel No. 906B, the non-exclusive perpetual Utility Well Site Easement; it is further ORDERED that the Agreement between the parties is hereby ratified and confirmed as to: 1) All landscaping materials constructed in and around Parcel No. 906B shall be maintained by the Defendants, their successors and assigns, and not by the Plaintiff, COLLIER COUNTY, FLORIDA, and THE COLLIER COUNTY WATER-SEWER DISTRICT. 2) All landscaping buffering or any other improvements constructed by the Defendants in and around Parcel No. 906B shall be placed sufficient distance from the Plaintiff's utility structure and facilities so the proposed improvements do not interfere with the Plaintiff's operation, access to and maintenance of the utility facilities located within the non-exclusive perpetual Utility Well Site Easement. ORDERED that the Plaintiff shall deposit an additional sum of One Thousand Two Hundred Seven Dollars and Fifty Cents ($1,207.50), as full payment for the landscape buffering improvements in and around Parcel No. 906B, into the Registry of this Court within 30 days from the date of Stipulated Final Judgment, subject to the approval of the Board of County Commissioners; it is further ORDERED that the Clerk of this Court shall disburse the total sum of Two Thousand Eight Hundred Thirty-two Dollars and Fifty Cents ($2,832.50), less any amounts previously paid to the Defendants for the parcels referenced herein, to Andrew I. Solis, Esquire, Trust Account, Young, van Assenderp & Varnadoe, P.A., Sun 1997 Trust Building, 801 Laurel Oak Drive, Suite 300, P. O. Box 7907, Naples, Florida 34101; and it is further ORDERED that the property interests taken as a non-exclusive perpetual Utility Pipeline Easements, Utility Well Site Easements and Temporary Construction Easements through March 31, 1998, being fully described in Exhibit "A" attached hereto and incorporated herein, which vested in the Plaintiff pursuant to the Order of Taking dated June 17, 1996 and the deposit of money heretofore made, are approved, ratified and confirmed; it is further ORDERED, that this Stipulated Final Judgment is to be recorded in the Official Records of Collier County, Florida; and it is further ORDERED, that this Court retain jurisdiction of this case for the determination of attorney fees and costs in accordance with Chapter 73, Florida Statutes. DONE AND ORDERED in Chambers at Naples, Collier County, Florida, this ~ day of ~ , 1997. conformed copies to:~'~ Circuit Court Judge ~ Andrew I. Solis, Esq%~lre / Vincent Murphy, Esquire v/ Shirley Jean McEachern, Esquire/ First Union Mortgage Corporation/ Richard L. Jaeger, Trustee / David Bourgeau, Esquire ~- Alumi-Tech Industries, Inc./ Boran Craig Barber Construction Co., Inc. / Ernestine Cousineau, CLA~~) 1997 JOINT MOTION FOR STIPULATED FINAL JUDGMENT Plaintiff, and Defendants, OLDE FLORIDA GOLF CLUB, INC. and OFC OF NAPLES, INC., by and through their undersigned counsel, hereby move the Court to enter the foregoing Stipulated Final Judqment as to Parcel Nos. 90lA, 706A, 906A, 706B, 906B, 706C, 906C, 706D, 906D and 904A in the above-styled case. A/~DREW I. SOLIS, ESQUIRE Young, van Assenderp & Varnadoe 801 Laurel Oak Drive, Suite 200 Naples, Florida 33963 Phone: (941) 597-2814 Florida Bar No. ~&~ ATTORNEY FOR DEFENDANTS, OLDE FLORIDA GOLF CLUB, INC. & OFC OF NAPLES, INC. Assistant County Attorney Collier County Govt. Center Administration Bldg., 8th Floor 3301 East Tamiami Trail Naples, Florida 34112 Phone: (941) 774-8400 Florida Bar No. 321044 ATTORNEY FOR PLAINTIFF I u {997 DESCRIPTION OF' PR~O~O C~ U~U~ A PR~OSED C~N~ U~U~ EA~r 0~. UNOER ~O A~OSS ~L THor P~T ~ ~C~ 35. TO~IP ~ 5~. R~ 26 EAST, C~LIER C~NTY. ~IOA BEING M~E P~~ y 0E5~18~ ~E N~ERLY 5.50 ~T ~ C~TAININ~ 0.155 OF ~ A~E PARCEL 5 SEC~ON 35, TOWNSHIP 48 SOU~, RANGE 26 EAST 7230', SOU~ERLY 60' ' SOU~EAST C~NER SECnON 35 NOT A SURLY ~N~ U~LI~ EASEMENT NO~ dc[e: ~LY 2~. 1995 XrC~TO: 0~219400103 DESCRIPTION ~ ~P~ARY C~S~UC~ EASEMENT A PR~O~ ~P~y C~S~C~ EA~T 0~ UNDER AND ACROSS ~ ~AT P~T ~ ~C~ 31. ~P 48 ~. R~ 27 'CAST, C~N~. ~/O~ ~G U~ P~~LY O~IBED AS F~LO~: C~MENONG AT ~E N~ST ~N~ ~ ~ACT I7, UNIT 7. C~EN GA~ ESTA~S. P~T B~ 4. PACE 95; ~ N 8~7'40' E A ~STAN~ ~ I0.~ ~ET TO ~E P~NT ~ BE~NC ~ ~E EA~ENT H~EIN BEING DESCRibED; ~EN~ ~E N 8~7'40' E A ~STAN~ ~ 15.~ ~ N 02~2'20' W ~ ~ST~ ~ 35.~ ~T: ~EN~ S 87~7'40' ~ X DIST~ ~ 35.~ ~EH~ S 02~2'20' E A DtSTAN~ ~ 15.00 ~EH~ N 87~7'40' E A OlSTAN~ ~ 20.~ ~ET: ~EN~ S 02~2'20' E A D~STAN~ ~ 20.00 FEET TO ~E P~NT OF BEGINNING ~ ~E E~M~ T H~EIN OES~IBED; C~TAINI~IO. Otg~ ~N A~E ~ LANO ~ ~ LESS: SUg~CT,~ EASF~ ~ND RES~,C~S ~ RECTO. P'O'C'i 6 NORTHWEST CO~NER NOT A SURVEY lor~. C12(.U~ C12UNrY. FLOI~OA Iproject~' ' H.C.I~W.T.P. I title: SKETCH & DESCRIPTION OF TEMPORARY CONSTRUCTION EASEMEN date: t~[/'O: 00208120009 DESCRIPTION OF' PROPOSED COUNTY U~LITY EASEMENT A PROPOSEO COUNTY UTILITY £A.~EUEN~' OVER. UI'O[R ANO ACROSS ALt PART OF' SECITOf~ .%6. TOWNSHIP ~ SOUTH. RAHC:E 26 EAST. COCLI£R COUhI~Y. I~.OR~OA BEING MOR£ PARTICULARLY O~$CRi~ED AS FOtLOW~J; THE NORTHERLY 20.50 FEET OF THE SOUTHERLY 60,00 FEET OF THE SOUTHEAST OUARTER OF .~JUO SECTION THE SOUTHERLY 39.50 FEET OF THC EASTERLY ~70.56 ~'E£T OF THE .,' SOUTH£,~ST OUARTER OF SA~O sEcno~ 86. CO~TA/mN~Ir.`399 X~ES OF' L~O mO~E OR LESS: sue,~cr lFr £x.~rs ,,.~o R£sm, cno~s OF R£COPO. PARCEL. 18 SECTION J6, TOWNSHIP #8 SOUTH, RANGE 25 EAST 2645' 60' SOUTHERLy .39.5' PROPOSED C.U.E,-I $OUTH£AST CORNER SECTION NOT A SURVEy for:. COLLIER COUNTY. FLORIDA il~O}ect: COUNTY UTILITY EASEMENT title: SKETCH & D£.~P_.~rPTION OF PROPOSED C.U.r_ PART OF SECTIOH 36~ TOWNSHIP 48 SOUTH~ R,M.IGE 26 EAST ~='=~' -,OIJ ' date:REVISED ,2/12/g5 ,AYt. Y 27, 1995 RU HDAGE,~,~ ....... 60' SOUTHERLY 39.5' PROPOSED CU.~-~ ~ 70. 56- F 20.5' PROPOSED CU.F- AS A ~r~.U.,_-"~ ]D',S1~'22~ ~ ln~o: 00219400103 DES~P~ OF PR~O~O ~ A PR~OSED ~ EA~T 0~ UND~ ~O A~OSS A~ ~AT P~T SEC~ 31; TO~IP ~ S~. R~ 27 ~ST. ~ER ~N~. ~E~NNtNG AT ~E N~ST ~N~ ~ ~ACT 17. UNIT 7. ESTA~S. P~T 8~K 4. PAGE 951 ~EN~ N 8~7'~' E A DISTAN~ ~ I0.~ ~EN~ N 02~2'20' W A DtST~ ~ 20.~ ~T: ~ S 8~7'~' W A ~ST~ ~ 20.~ ~ET: ~EN~ S 02~2'20' E ~ OlST~ ~ 20.~ ~EN~ N 87~7'~' E A OISTAN~ ~ 10.~ ~E[ TO ~E P~NT ~Y P. ~O,,~S [ P.L.S. ~390 ~cno~ J~ T48S R27~ ~LL ~S 87~7'~0'w EA~ENT ~ X 20.0~ 87~7'aO'r ~ ~ ~o. oo ~o.oo ~P O.B. ~~ST ~RNER NOT A SURVEY foe ~ ~, ~A [~ro~t: N.C.R.W.[.P. ! uu~ SKET~ ~ D~SCRIP~ON OF ~LL EASEMENT Illlll~ ~.~:~ACS~ "' ~ . r c'y°s~ 1997 · . ( DESCRIPTION Of' ~Y ~TRUCnC~ A PRO~OS~.D TEMPORARY ~S~C~ E~T 0~. ~ ~O A~OSS ~ ~AT PART ~ ~C~ 31, ~P 48 5~, R~ 27 EAST, C~L~R ~N~. ~iD~ B~NG M~E p~n~LY ~5~8~ AS F~O~: ~ N 8~7'40' E A DISTAN~ ~ 50.~ ~ET; ~EN~ S 02~2'20' E A ~ST~ ~ 45.~ ~ET TO ~ P~NT ~ CONTAINrNG 0.038 ~ AN A~E ~ LANO ~E OR L~5S; 5U~CT TO EASE~EN~ ~O RES~tCn~S OF RECORD, ARIEL R. ALVAR£Z P.L.S. 5358 NOT A SURVEY Ic~: COLL.IER COUNTY, FLOR10A Ipro~ct: H.C.R.W.T.P. ~ EXPAI'IS~ON uUe:SKETCH & DE$C~IPI'ION OF T~.MPORARY CONSTRUCTION EASEMEN; date: ~-,U2.'..'~T ?7_ tc~q5 00219400103 D~$CPJPTION Of' PRC~C~:~D ~ A PR~O~D ~ ~T O~ ~D~ ~O A~OSS ~ ~AT PART SEC~ 31. TO.SHIP 48 S~. R~ 27 EAST. ~LI~ ~N~. ~NN[NG AT ~ N~ST ~ ~ ~ACT 49. UNIT 7. ESTA~S. ~AT B~ 4. PA~ g~; ~N~ S 02~2'20' f A DIST~ ~ 45.00 C~TAINING 0.05~ ~ ~ A~E ~ ~0 MOR~ ~ LESS: SU~CT TO ~A~NTS ~NO R~S~lC~S ~ REC~D. ~ P.L.S. R2 7F. WELL ---'--% E.A$£~EUT ~ ~ $ 87'07'~0'W ~_ - _s2._°°- _ _ .~ I ~ I I ~ ~'~o'~-- I ~ ~.~ I ~P.O.~. NOT A SURVEY ~z. q~" [ pr o,~ect: H.CR.W.T.P. UUe: SKETCH & DESCRIP~ON OF ~tt EASEMENT no.: 708 ~[~L_~I~;j~. DE,,,~IP TIC~I OF' T~I4PO~A,RY CONSTRUCTION--------~'~,/EN~21~00103 706C A PROt:~Sc"'D TEmPORARy ~STRUCI'I(~'I EASEI,4E. NT OVER, UNDER AND ACROSS ALL THAT PART OF' ~CTION 31, TO~t~ISHna 4.8 50UTH, RAHGIZ 27 EAST, ~IER COUNTY. FLORIDA. 'B~NG MORE PARTLY O~...~CI~B~D ,A~ FOCL. OW~: CO~'ENONG AT THE NORTHWEST CORNER ~ ~ACT 81. UNrT ESTA~S. P~T B~ 4. PA~ g5: ~ N 8~' E A DISTAN~ ~ I0.~ ~ TO ~E P~NT ~ BE~NNING ~ ~E EA~T H~N ~NG DES~IBED: ~ ~NUE N 87~7'40' E A ~ST~ ~ 1~ ~T: ~ N 02~2'20' W A DIST~ ~ 35.00 ~: ~ S 8~7'40' W X ~ST~ ~ ~ ~T; ~CE N 87~7'40' E A OISTAH~ ~ 20.00 ~ET; ~ENCE S 02~2"20' E A DISTAN~ ~ 20.~ ~ET TO ~E P~NT OF BECINNINC ~ ~E EA~ENT H~EIN CONTAINII,~,_,L, _0.019 OF" AN ACRE OF' LAND l,lOflE ~ LESS: SUB~CTu~ ~TS AND RES~Cn~S ~ RECTO. GUY P. ~SI P.L.S. 4390 SECnO~V 3~ T485 R27E $ 87'07'40'W/ TEMPORARY CO~S ~UC nON ~ 35.~ ~ EA~ENT om ~'~ ~1 I~l~~ P'O'B''' i P.O. I COUNTY. F'L. Of~IDA NOT A SURVEY N.C. FLW. T.P. tlUe: SKETCH & DESCRIPTTON OF TEMPORARY CONSTRUC~ON EASEMEN EIX/O: 00219400103 A ~O~O ~ EA~T O~ U~ ~0 A~O~ ~ ~T PART O~ ~C~ 3~, TO~IP 48 S~. ~ 27 EAST. C~I~ C~H~. ~10~ B~NC M~E P~~Y ~18~ ~ F~LO~ ~E~NN~NG AT ~E N~ST C~N~ ~ ~ACT 8~. UNIT 7. ESTA~ P~T ~ 4. PA~ ~EN~ H 02~2'20' W A ~ST~ ~ 20.~ ~T: NOT A SURVEY COU. J~ COUHT'Y, F].ORIOA fproJect'. N.C.F~.W.T.P. SKETCH & DESCRIPTION OF WELL EASEMENT no.: DESC~:~P110N OF T~MPO~ARY CO61STRUCnON EASE~4ENT A PR~O~ ~Mp~y C~S~UCn~ EA~T O~R, UNOER ~D ACROSS ~ ~AT P.~T ~ ~C~ 3~, TO~ 48 S~, R~ 27 EAST. C~ER ~N~, ~lO~ BEING ~E P~~LY ~S~ED ~ F~O~: C~M~ AT ~E N~ST ~N~ ~ ~ACT I~, UNIT 7, C~EN CA~ ESTA~ P~T B~ 4. PA~ g5: ~ N 87~' E A OtSTAN~ ~ ~0.~ ~T TO ~ P~NT ~ BE~NNINC ~ ~E EA~M~T H~EIN BEING DES~I~ED: ~ ~nNUE N 87~40' E X D~ST~ ~ ~ ~ET; ~ N 02~2'20' W A ~ST~ ~ 35.~ ~ET; ~EN~ S 87~40' ~ A D~ST~ ~ 35.~ ~EN~ S 02~2'20' E A DIST~ ~ 15.~ ~ET; ~EN~ N 87~7'40' E A ~STAN~ ~ 20.00 ~ S 02~2'20' E ~ D~ST~ ~ 20.~ ~ET TO ~E P~NT OF ~CINNINC ~ ~E E~ENT H~EIN DES~IBED; 5Ue~C~TS ~0 RESm~cno~5 OF REC~D. ~Y P. A~MS ~*--~ P.L,S. 4390 NOT A _SURVEY COLLIER OOUNTY. FLOriDA ~C.R. W. r.P. 'uUe:SKETCH & DESCRIPTION OF' TEMPORARY CONSTRUCTION EASEMEN1 date: OESC~IPTION 0~' PROPOS~O W~LJ. EA~MENT A PR~O~ ~ EA~T O~R, UND~ ANO A~OSS A~ ~AT P~T OF SEC~ 31,' TO~IP ~ S~. RAN~ 27 EASC C~IER C~N~, ~lO~ 8EINC M~E P~RLY DESPISED AS F~LO~: ~NN~NC AT ~E N~ST ~N~ ~ ~Acr ESrA~ P~T B~ 4, PA~ ~EN~ S 87~7'~' W A ~S~ ~ 20.00 ~EN~ S 02~2'20' E A OISTAN~ ~ 20.00 ~N~ N B7~7'~' ~ A OlSTAN~ ~ I0,00 ~T TO OF ~E ~ASEMENT HEREIN CONT~NINC 0.~ OF ~ A~E ~ LAND MORE OR LESS; NOT A SURVEY SKETCH & DESCRIPTION OF WE'EL EASEMENT date: ,MLI' 2 scene: / !' - 30't pre,ct / no.: 7086 1997 EXECUTIVE SUMMARY RECOMMENDATION TO APPROVE AND EXECUTE THE NOTICES OF CLAIM OF LIEN FOR THE ENFORCEMENT OF THE NOTICE TO CONNECT TO COLLIER COUNTY WATER AND SEWER FACILITIES AND NOTICE OF IMPACT FEE STATEMENT FOR THE PINE RIDGE INDUSTRIAL PARK MSTU PROJECT OBJECTIVE: That the Board of County Commissioners as the governing body of Collier County, Florida, and as Ex-Officio the Governing Board ofthe Collier County Water and Sewer District authorize the chairman to execute the Notices of Claim of Lien atlached for the properly that have not paid water and sewer impact fees or connected to water and sanitary sewer within the Pine Ridge Industrial Park MSTU Project. CONSIDERATIONS: On July 18, 1995, the Board of County Commissioners authorized staff to prepare the necessary Notices of Claim of Lien to enforce payment of water and sewer impact fees and connection to water and sanitary sewer for the Pine Ridge Industrial Park MSTU Project in accordance with Ordinances No. 90-86 and 90-87, as amended, Chapter 88-499, Laws of Florida. \Ve have made several attempts to notify the Owners of Record, as maintained by lhe Property Appraiser's office. We were finally successful of notifying the owner ofrecord by certified mail to connect to the water and sewer system and to pay the water and sewer impact fees. The owners of record had 90 days in xvhich to connect to the xvater and sewer facilities, and 30 days to pay the required water and sewer impact fees. Propcr~y owners have the availability to finance the water and sewer impact fees along with the interest accrued on delinquent water and sewer impact fees. All recording fees expenses will be borne by the property owner. Letters to property owners have been prepared and upon execution and recordation of the liens, staff will proceed to mail said liens: PROPERTY OWNER OF RECORD I. STANLEY WHITE JR. PROPERTY I.D. NUMBER 00245120004 The County Attorney's Office has reviewed and approved the above listed Notices of Claim of Liens for legal sufficiency. 1997 Executive Summary - Pine Ridge Industrial Park MSTU Project Notices of Claim of Lien Page 2 FISCAl. IMPACT: Fiscal impact ,,viii include the cost ofcertified mail which is budgeted in account no. 408-210110 Public Works Administration. Water and sewer impact fees, delinquent interest charges and recording fees will be collected from property owners in accordance County Ordinances and Laws of Florida, and deposited in the water (411) and sewer (413) impact fee fund. The delinquent water impact fee total is $2,225.00, delinquent water tapping charge total is $350.00, and sewer impact fees total is $3,350.00, which totals to $5,925.00. Estimated interest accrued on the delinquent sewer impact fees totals $301.93, through February 28, 1997. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: The Interim Public Works Administrator recommends that the Board of County Commissioners as the governing body of Collier County, Florida, and as Ex-Officio the Governing Board of the Collier County Water and Sewer District do the following: 1) Authorize the Chairman to execute the Notice of Claim of Lien for the collection of impact fees. 2) Record Notice of Claim of Lien within the Official Records of Collier County upon completion of gap search to be conducted by staff. C~n-dy Mi~rb, Senior Engineering Technician " ' p tionsDirector Ray'rfiond W. Miller, P.E., Interim Public Worlds Administrator FEB I 8 1997 ~Go '~ _ This instrument prcparcd by: Hcldi F. Ashton Assistant County Attorney Officc of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 Folio Number: 00245120004 NOTICE OF CLAIM OF LIEN FOR WATER SYSTEM IMPACT FEES, WATER TAPPING FEES, AND SANITARY SEWER SYSTEM IMPACT FEES Pursuant to Collier County Ordinance No. 90-87. as amended. Chapter SS-499. Lw,','s of Florida. and other applicable provision of law. The Board of Count).' Commissioners of Collier Count.',,'. Florida, as the Governing Body of Collier County a~d as Ex-Officio the Governing Board of the Collier Count)' Water. Sex', er District. hereby files this Notice of Claim of Lien for Water System Impact Fees. Water Tapping Fees. and Sanitary Sev, er System Impact Fees on thc follo',','ing described real property located in Collier County. Florida to '.,,'it: SEE ATTACHED EXHIBIT "A" INCORPOI:L&TED HEREIN BY REFERENCE According to the Public Records of Collier County, Florida the described property apparently is owned by STANLEY WHITE JR.. 386 RIDGE DRIVE. NAPLES. FLORIDA 34108. This Notice of Claim of Lien for Water System Impact Fees. Water Tapping Fees. and Sanitary Sewer Syslern Impact Fees is itemized as follows: Water Impact Fee .............................. $ 2.225.00 Water Tapping Fee ............................ $ 350.00 Sewer Impact Fee .............................. $ 3.350.00 TOTAL OF ABOVE LIENS ............... S 5.925.00 This Notice of Claim of Lien for the Water System Impact Fees. Water Tapping Fees. and Sanitary Server System Impact Fees is in the cumulalive total of S5.925.00. ,,', hich principal amount shall bear interest from August 26. 1996. at the statutory rate for final judgments calculaled on a calendar day basis, until paid. Dated this __ day of __. 1997. ATTEST: DWIGHT E. BROCK. CLERK BOARD OF COUNTY COM,MISSIONER$ 1937 TIMOTHY L. H.~N~K. ~P ~ CHA~M.&N ~- - EXHIBIT "A" NORTH 288,00 FEET OF LOT 30, J & C ~NDUSTR]AL PARK (~ UNRECORDED PLAT) IN THE NORTH 1/2 OF SECT]ON 11, TO~;SHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, AS MORE PARTICULARLY DESCRIBED AS FCLLOWS: COMMENCING AT THE WEST 1/4 CORNER OF SECTION 11, TOWlWSHIP 49 SOUTH, R~GE 25 EAST, COLLIER COb~TY, FLORIDA; THENCE ALONG THE WEST LINE OF SAID SECTION NORTH 00°10'36" WEST, 1,829.95 FEET TO THE CENTERLINE OF A ROAD; THENCE ALONG SAID CENTERLINE NORTH 89°28'18'' EAST, 4,972.60 FEET FOR A PLACE OF BEGInnING; THENCE NORTH 00~31'42" WEST, 4V3.10 FEET; THENCE NORTH 89~26'18'' EAST, 100.00 FEET; THENCE SOUTH 00~31'~2'' F~ST, 473.16 FEET TO SAID CENTERLINE; THENCE SOUTH 89~28'18'' WEST, 100.00 FEET TO THE PLACE OF BEGINNING; BEING A PART OF THE NORTH 1/2 OF SAID SECTION TOWNSHIP 49 SOUTH, RJkNGE 25 EAST, COLLIER COUNTY, FLORIDA; SUBJECT TO A DRAINAGE EASEMENT OVER THE NORTHERLY 15.00 FEET ADD OVER THE EASTERLY 7.50 FEET WITH THE SOUTHERLY 35.00 FEET THEREOF RESERVED AS ROAD RIGHT-OF-WAY FOR PUBLIC INGRESS ~%~ EGRESS. AS DESCRIBED IN THAT DOCLrMENT RECORDED IN OR BOOK 652, PAGE 1598 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. FOLIO ~ 00245120004 FEB ~ ~9~7 I EXECUTIVE SUMMARY RECOMMENDATION TO APPROVE AND EXECUTE THE NOTICES OF CLAIM OF LIEN FOR THE ENFORCEMENT OF THE NOTICE TO CONNECT TO COLLIER COUNTY SEWER FACILITIES AND NOTICE OF SEWER IMPACT FEE STATEMENT FOR THE EAST & SOUTH NAPLES SANITARY SEWER PROJECT OBJECTIVE: That the Board of County Commissioners as the governing body of Collier County, Florida, and as Ex-Officio the Governing Board of the Collier County Water and Sewer District authorize the chairman to execute all Notices of Claim of Lien attached for properties that have not paid sewer impact fees or connected to sanitary sewer within the East & South Naples Sanitary Sewer Project. CONSIDERATIONS: On August 10, 1993, the Board of County Commissioners authorized staffto prepare the necessary Notices of Claim of Lien to enforce payment of impact fees and connection to sanitary sewer for the East & South Sanitary Naples Sewer Project in accordance with Ordinance No. 90-87, as amended, Chapter 88-499, Laws of Florida. \Ve have made several attempts to notify the Owners of Record, as maintained by the Property Appraiser's office. We were finally successful after requesting the Collier County ShefiffOffice to serve to the Notice to Connect to the Collier County Sewer Facilities and Notice of Sewer Impact Fee Statement. Once sen'ed by the Collier County ShefiffOffice, the owners of record had 90 days in v.'hich to connect to the sewer facilities, and 30 days to pay the required sewer impact fees. Property owners have the availability to finance the sewer impact fees along with the interest accrued on delinquent sewer impact fees. Ail recording fees expenses will be borne by the property owner. Letters to property oxvners have been prepared and upon execution and recordation of the liens, staffwill proceed to mail said liens: PROPERTY OWNER OF RECORD PROPERTY I.D. NUMBER 1. MARIANO J. LITTER.lO 2. LYNNE V. CADENHEAD 3. LYNNE V. CADENHEAD 4. LYNNE V. CADENHEAD 5. LYNNE V. CADENHEAD 6. LYNNE V. CADENHEAD 50865005889 74414040006 74413360004 74413320002 74413280003 74413200009 1997 Executive Summary - East & South Sanitary Sewer Project Notices of Claim of Lien Page 2 The County Attorney's Office has reviewed and approved the above listed Notices of Claim of Liens for legal sufficiency. FISCAL IMPACT: Fiscal impact will include the cost of certified mail which is budgeted in account no. 408-210110 Public Works Administration. Sewer impact fees, delinquent interest charges and recording fees will be collected from property owners in accordance County Ordinances and Laws of Florida, and deposited in the sewer impact fee fund (413). The delinquent sewer impact fees total is $8,040.00. Estimated interest accrued on the delinquent sewer impact fees totals $371.18, through February 28, 1997, GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: The Interim Public Works Administrator recommends that the Board of County Commissioners as the governing body of Collier County, Florida, and as Ex-Officio the Governing Board of the Collier County Water and Sewer District do the following: 1) Authorize the Chairman to execute the Notices of Claim of Lien for the collection of impact fees. 2) Record Notices of Claim of Lien within the Official Records of Collier County upon completion of gap search to be conducted by staff. Cindy M. Effb, Senior Engineering Techn~ci~ R V EW D BU.. '-".¥ Edward N. ~m, Operations Director APPROVED BY: /~/'~~(? /ll/]~L..__.~ Raymond W. Miller, P.E., Interim Public Works Administrator / 1997 This instrument prepared by: H¢idi F. Ashton Assistant Coumy Attorney Office of tke Count>' Altorney 3301 East Tamiami Trail Naples. Florida 34112 (941) 774-8400 Folio Number: $0S650055S9 NOTICE OF CLAIM OF LIEN FOR SANITARY SEWER SYSTEM IMPACT FEES Pursuant to Collier Count)' Ordinance No. 90.$7. as amended. Chapter 88-499. La,,,. s of Florida, and other applicable provision of law. Ire Board of Countv Commissioners of Collier Counly. Florida. as the Go:'eming Body of Collier Count,,' ,;nd a.s Ex-O~cio the Go',eming Board of the Collier County Water. Sewer District. he'cb5' files this Notice of Claim of Lien for Ihe Sanitar)' Sewer System Impact Fees on the follo',ving described real property located in Collier Count.',', Flor/da to ',,,,'it: L.'7,,'IT #295, OF ttlTCHING POST ,',,IOBILE HO.\IE PARK. A COOPER.ATIVE. ACCORDING TO EXHIBIT "B" (PLOT PLANI OF IHE MASTER FOR.M PROPRIETARY LEASE RECORDED IN OFFICIAL RECORDS BOOK 1581, PAGES 1728 TItROUGH 1755, INCLUSIVE. OF THE PUBLIC RECORDS OF COLLIER COL.~IY, FLORIDA; AS DESCRIBED IN IHAT DOCU~IEN'T RECORDED IN OR BOOK 1610. PAGE 1753 OF THE PUBL1C RECORDS OF COLLIER COL.'NIY. FLORIDA. According to the Public Records of Collier County, Florida thc described property apparently is owned by HITCHING POST CO-OP. INC., and leased by MAPdANO J. LITTERIO. 17 NATCHEZ TRAIL. NAPLES, FL 34113. This NoticeofClaimofLienforSanitaO.Sewer System Impact Fees is in the principal amount of SI,340.00, which principal amount shall bear interest from August 26. 1996, at the statutory rate for final judgments calculated on a calendar day basis, until paid, Dated this ~ day of ATTEST: DWIGHT E. BROCK, CLEILK ,1997. BOA. RD OF COL.~TY CO,',IMISSIONERS COLLIER COU,~TY, FLORIDA, AS THE GOVEP..\TNG BODY OF COLLIER COUNTY AN'D AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICI TIMOTHY L. HANCOCK, AICP CHAIP~MAN ........ ~ ii II I III II IIII IIII IIII ......... I This instrument prepared by: Heidi F. Ashton Assistant County Attorney Office of the County Attorney 3301 East %miami Trail Naples, Florida 34112 (941 ) 774-8400 Folio Number: 74414040006 NOTICE OF CLAIM OF LIEN FOR SANITARY SEWER SYSTE3I IMPACT FEES Pursuant to Collier County Ordinance NO. 90-87. as amended, Chapter 88-499. Lax~'s of Florida. and olher applicable provision of law. The Board of County Commissioners of Collier Count,,. Florida. as thc Governing Board of the Collier Count>' Water-Sewer District. hereby files thl~ Notice of Claim or Lien tbr the Sanitary Sewer Syslem Impact Fees on thc follo',ving described real property located in Collier Count>'. Florida to wit: LOT I0, BLOCK F. SOUTH TAMIAMI ttEIGHTS. ACCORDING TO PLAT IN PLAT BOOK 3. PAGE 44 OF TH E PUBLIC RECORDS OF COLLIER COL .'NTY. FLORIDA; AS DESCRIBED IN THAT DOCUMENT RECORDED IN OR BOOK 1185. PAGE 1438 OF THE PUBLIC RECORDS OF COLLIER COU.~TY. FLORIDA. According to the Public Records of Collier Count>'. Florida. the described property apparcr.:ly ss m~ned by L'~ ,'N,'NE V. CADENHEAD. A SINGLE WOMAN. 3417 CHEROKEE STREET. NAPLES. FL, 34112. This Notice of Claim of Lien for Sanitary Sex,.cr System Impact Fees is in thc pnnc~pal amount of $1,340.00. which principal amount shall belle an interesl from September 16. 1996. at tile statutory tale for final judgments calculated on a calendar day basis, until paid. Dated this ATTEST: Dx3,qGHT E. BROCK, CLERK dayof .,, , 1997. BOARD OF COUNTY COMMISIONERS COLLIER COUNTY, FLORIDA, AS THE GOVERN~ING BODY OF COLLIER COUNTY AN~) AS EX-OFFICIO THE GOVERNING BOARD OF TIlE COLLIER COUNTY WATER-SEWER DISTRICT BY: TIMOTHY L. HANCOCK. AICP CHAiRMAN J FEB 19g7 This inslmment prepared by: Heidi F. Ashton Assistant County Auomcy Office o£ the Count.`.' Attorney 3301 Ir:.a~ 'l;muanfi Trail Naples. Florida 3-1112 (9411 77.1-8.100 Folio Number: 7.1413360004 NOTICE OF CI.AI,M OF I.IEN FOR SANITARY SEWER SYSTEM IMPACT FEES Pursuant to Colhcr County Ordinance NO. 90-87. as amended. Chapter 85-499, Lasvs of Florida. and other apphcabl¢ provision ofla'.v, The Board oFCounty Commissioners of'Collier Florida. as the Go~, eming Board of the Collier Count.`.' Water-Sev, er District. hereby files this Notice of Claim of Lien for the Sanitar:,.' Se:vet System Impact Fees on the I'ollov,'ing described real property located in Collier Count.,.', Florida to ',','it: LOT 14. BLOCK E. SOUTH TAMIAM1 HEIGHTS. ACCORDING TO PLAT IN PLAT BOOK 3. PAGE 44 OF TH E PUBLIC RECORDS OF COLLIER COL .~TY. FLORIDA; AS DESCRIBED IN THAT DOCU,'MENT RECORDED IN OR BOOK 1185. PAGE 1438 OF THE PUBLIC RECORDS OF COLLIER COUNTY. FLORIDA According to the Public Records of Collier County. Florida. The described property apparently ~s or, ncr by Lh .'N.'NE V. CADENHEAD. A SINGLE WOMAN. 3417 CHEROKEE STREET. N3, PLES. FL. 3-1,112. This Nouce of Claim of Lien for Sanitary Sea''er System Impact Fees is m the pnnc~p.,1 amount of SI.340.00. '.'.hich principal amount shall bear an interest from September 16. 1996. at the statutory rate for final judgments calculated on a calendar day basis, until paid, Dated this __dayof . 1997. ATTEST: DWIGHT E, BROCK, CLERK BOARD OF COU,WTY COMMISIONERS COLLIER COUNTY. FLORID.&. AS THE GOVERNING BODY OF COLLIER COU'NTY ANT) AS EX-OFFICIO THE GOVERNT,,'G BOARD OF THE COLLIER COU,WTY WATER-SEWER DISTRICI BY: TIMOTHY L. HANCOCK. AICP CHAIRMAN .-[ FEB,8 1997 Th~s instrument prepped by: llcid~ F. Ashlon Assistant Count)' Attorney Office of the County Arlomcy 3301 East Tamiami Trail Naples. Florida 34112 (941 ) 774-8400 Foho Nun'~hcr: 74413320002 NOTICE OF CLAI'Sl OF LIEN FOR SANITARY SEWER SYSTEM 15II'ACT FEES Pursuant to Collier Counly Ordinance N0.90-87. as amended. Chapler 88-499. La',,, s of F:o,":.da. and olher applicable pt )~, ision orlaw, The Board of County Commissioners of Collier Co~.~:',. Florida, as Irc Go~cming Board of the Collier Count)' \Vatcr. Scv, cr District, hcrcb>' files ~h:~ Notice of Claim of Lien for the SanitaD, Se,,ver System Impact Fees on the following desc:",bed real property Iocalcd in Collier Count>', Flor/da Io ,,,,'it: LOT 13. BLOCK E. SOUTH TAMI,au\II HEIGHTS. ACCORDING TO PLAT IN PLAT BOOK 3, PAGE 44 OF TH E PL,BLIC RECORDS OF COLLIER COUNTY. FLORIDA; AS DESCRIBED IN THAT DOCL,'MENT RECORDED iN OR BOOK 1185, PAGE 1438 OF THE PUBLIC RECORDS OF COLLIER COUNIY. FLORIDA. According to the Public Records of Collier Counly. Florida. the described properly appar¢.".:i,, ss ov. ned by L'h ."\."NE V. CADENItEAD. A SINGLE WOMAN. 3417 CHEROKEE SIREET. ~.-\PLES. FL. 34112. lhis Notice of Claim of Lien for SanitaD Sewer SFstem Impac! Fees is in xF.e rnncipal amount of S1.340.00. v, hich principal amount shall bear an inleresl from September 16. 1996. at the statutor>' rate for final judgments calculated on a calendar da).' basis, until paid, Dated this . day of _ , 1997. ATTEST: DWIGftl E. BROCK. CLERK BOARD OF COL.~TY CO.MMISIO\'E RS COLLIER COUNTY, FLORIDA. AS THE GO\'ELN'ING BODY OF COLLIER COb,~TY AND AS EX-OFFICIO THE GOVERNP,,'G BOARD OF THE COLLIER COU,~'TY WATER-SEWER DISTRICT BY: TIMOTHY L. HANCOCK, AICP CltAIRMAN This instrument prepared by: tteidi F. Ashton Assistant County Auomey Office o£1he Count>' Auomey 3301 East Tamiami Trail Naples, Flor{da 34112 (941 ) 774-8400 Folio Number: 74,413280003 NOTICE OF CLAIM OF LIEN FOR SANITARY SEWER SYSTEM ISIPACT FEES Pursuam to Collier Count>' Ordinance NO. 90-8'7, as amended. Chapter 88.499. [.a'.t s of Florida. and other applicable provision of ia,,,,. The Board orCountv Commissioners of Collier Count',.'. Florida. as the Go'.. truing Board orthe Collier County \\'a'ter-So,,er District. hereby files lhl.~, Notice of Claim of Licn for the Sanitan:' Sewer System lmpacl Fees on Ih¢ follo'.~.in~ dcscnbcd real property located in Collier Count>'. Florida to ',,,'it: LOT 12. BLOCK E. SOL'TH TAM1AMI }tEIGHIS. ACCORDING TO PLAT IN PLAI BOOK 3. PAGE ,4.1 OF TH E PUBLIC RECORDS OF COLLIER COUNIY. FLORIDA: AS DESCRIBED IN THAI DOCUMENT RECORDED iN OR BOOK 1185. PAGE 1438 OF THE PUBLIC RECORDS OF COLLIER COL.~T'Y, FLORIDA According to the Public Records of Collier Count>'. Florida. the described propcn>' apparcml'..' ts owned by L'~ ."N."NE V. CADENItEAD. A SINGLE WOMAN. 3.1.1' CHEROKEE STREET. ~'APL ES. FL, 3-1112~ ll'ns Notice of Cla,m of Lien for Sanitary Se~,,er S',stem Impact Fees is in fl'~¢ pnnc:;',,~ amount of SI ,340 00. '.~. rich pnncip',l amount shall be~r an inter~st from September 16, 1996. at the statulor>' rate For final judgments calculated on a calendar day basis, until paid. Dated this da',,' of ~ . ~. 1997. ATTEST: DWIGHI E. BROCK. CLERK BOARD OF COL.XTY COM.\IISIONER$ COLLIER COL.~TY. FLORIDA. AS THE GOVER_\'ING BODY OF COLLIER COL.~TY AND AS EX-OFFICIO THE GOVERNIXG BOARD OF TIlE COLLI[R COb.'NTY \VATER.SE\VER DISTRICT BY: TIMOTHY L. HANCOCK. AICP CHAIRMA2,t This instrument prepared by: tlcidi F. Ashton Assistant Count)' Atlomcy OfFice ol'the Count.',' Attorney 3301 East Tamiami Trail Naples. Florida 34112 (941 ) 774.8...100 Folio Number: 7-1413200009 NOTICE OF CLAIM OF LIEN FOR SANITARY SEWER SYSTE.Xl IMPACT FEES Pursuant to Collier Count)' Ordinance NO. 90-87. as amended. Chapter g~-499, kav,'s of Florida. and other applicable provision of la,.,,', The Board of Count,. Co.,mm~sstoners of Collier Count,.'. Florida. as ~he Governing Board of the Collier County X\'a'te:.Se,.,.er District. hereby files th~ Notice of Claim of Lien for the Sanilary Sewer S)'s~er~ lmpa.;t Fees on Ihe follov, ing described real property located in Collier Count)', Florida to '.,,'it: kOT 9. BLOCK E. SOUTH TAMIA.MI HE1GHTS. ACCORDING TO PLAT IN PLAT BOOK 3. PAGE .l.l OF TH E PUBLIC RECORDS OF COkkIER COL,~T'Y. FLORIDA; ..kS DESCRlBED IN THAT DOCUMENT RECORDED IN OR BOOK 1185, PAG[: 1-138 OF THE PUBLIC RECORDS OF COLklER COtu,~T't', FLORIDA. According to the Public Records of Collier Count3.. Florida. :he described property apparently is ov, ncd bv k~, .'%.~E V. CADENHEAD. A S['NGLE WOMA",'. 341' CHEROKEE STREET..~APLES. FL. 3-1112. This Not,ce of Claim of Lien for Sanitarx Sex,..'r S)stem Impact Fees is in thc pnnopal amount of SI.340.00. '.,,hlcb pnncipal amount shall be~r an ~r. terest from September 16. 1996. al thc statu~or:,,, rate for final judgments calculated on a calendar da) basis, until paid. Dated Ibis ATTEST: D\','IGHT E. BROCK, CkERK day of . 1997. BO.-kR.D OF COL .~TY CO.",I.MISIONERS COLLIER COL.'%'TY. FLORIDA. AS THE GOVERNING BODY OF COLklER COL .'%"TY AND AS EX-OFFICIO THE GO\'E1L\'D,'G BOARD OF THE COkklER COL .?,'T'I' WATER.SEWER DISTRICT TIMOTH'~' L. HANCOCK, AICP CH..kilL\lAN ~o. /~'. 6")_~('_ ',-) E__XEC[JTIVE SU__MMARY RECOMMENDATION TO APPROVE AND EXECUTE THE NOTICES OF CLAIM OF LIEN FOR THE ENFORCEMENT OF THE NOTICE OF SEWER IMPACT FEE STATEMENT FOR THE NAPLES PLAZA. OBJECTIVE: That the Board of County Commissioners as the governing body of Collier County, Florida, and as Ex-Officio the Governing Board of the Collier County Water and Sewer District authorize the chairman to execute all Notices of Claim of Lien attached for properties that have not paid sewer impact fees within Naples Plaza. CONSIDERATIONS: In accordance with Ordinance No. 90-87, as amended, Chapter 88-499, Laws of Florida, staffhas prepared the necessary Notices of Claim of Lien to enforce payment of sewer impact fees for Naples Plaza. Owners of Record as maintained by the Property Appraiser's office were notified by certified mail to pay the impact fee for Naples Plaza. The owners of record had 30 days to pay the required sewer impact fees. Property owners have the availability to finance the sexver impact fees along with the interest accrued on delinquent sewer impact fees. All recording fees expenses will be borne by the property owner. Letters to property owners have been prepared and upon execution and recordation of the liens, staffwill proceed to mail said liens: PROPERTY OWNER OF RECORD PRGPERTY I.D. NUMBER 1. SOUTHERN MANAGEMENT CORP. 2. SHELL OIL COMPANY 63000360004 63000320002 The County Attorney's Office has reviewed and approved the above listed Notices of Claim of Liens for legal sufficiency. FISCAL IMPACT: Fiscal impact will include the cost ofcerlified mail which is budgeted in account no. 408-2101 I0 Public Works Administration. Sewer impact fees, delinquent interest charges and recording fees will be collected from property owners in accordance County Ordinances and Laws of Florida, and deposited in the sewer impact fee fund (413). The delinquent sewer impact fees total is $10,050.00. Estimated interest accrued on the delinquent sewer impact fees totals $503.88, through February 28, 1997. Fr.d !997 ~'O. ~ Executive Summary - Naples Plaza Notices of Claim of Lien Page 2 GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: The Interim Public Works Administrator recommends that the Board of County Commissioners as the governing body of Collier County, Florida, anti as Ex-Officio the Goveming Board of the Collier County Water and Sewer District do the following: 1) Authorize thc Chairman to execute the Notices of Claim of Lien for the collection of sewer impact fees. 2) Record Notices of Claim of Lien within the Official Records of Collier County upon completion of gap search to be conducted by staff. PREPARED BY: (_/ _ Cindy MfErb, Senior Engineering Technician " ( Ed'war~ N. Fir~n, Operations Director ' Raymon~t W. Miller, P.E., Interim Public Works Administrator This instrument prepared by; ltcidi F. Ashlon Assistant County Attomcy Of[~ce of IbC Count)' Allomcy 3301 East Tamiami Trail Naples. Florida 34112 (941) "/?4-8400 Folio Number: 63000360004 NOTICE OF CLAIM OF LIEN FOR SANITAR"f SEWER SI'STEM I.',,IPACT FEES Pursuant to Collier Count)' Ordinance NO. 90-87. as amended. Chapter S8.499. La',,, s of Florida. and other applicable provision of law. The Board of Count)' Commissioners of Collier Count)'. Florida, as thc Govcmin$ Board of thc Collier Count)' V.'ater-Se~ er Dislrict, hereby files th~s Notice of Claim of Lien for the SanitaQ' Scv, er System Impact Fees on thc follo',vin~ described real property located in Collier Count}', Florida to w,t: LOT .t, NAPLES PLAZA. ACCORDING TO TIlE PLAT THEREOF RECORDED IX PLAT BOOK 14. AT PAGES 44 AXD 45, OF THE PUBLIC RECORDS OF COLLIER COUNTY. FLORIDA: AS DESCRIBED IN THAT DOCUMEXT RECORDED IN OR BOOK 1554. PAGE 483 OF THE PUBLIC RECORDS OF COLLIER COL.~TY. FLORIDA. According to the Public Records of Collier Count)'. Ftorida, thc described property apparently is o~vned by SOUTHERN MANAGEMENT COR?ORATION. A FLORIDA CORPOR.-~TION. 32-1 SW IbTHSTREET. BELLE GRADE. FL. 33430. This NoticeofClaimofLienforSanitarySe~cr System Impact Fees is in thc principal amount ofS6.700.OO, v, hich principal amount shall bear an interest from August 29, 1996, at thc statutoD' rale for final jud~emems calculated on a calendar day basis, until paid. Dalcd this ~ day of . 1997. ATTEST: DWIGHT E. BROCK. CLERK. BOARD OF COb.~'TY COMMISIONERS COLLIER COU'NTY. FLORIDA, AS THE GOVEP~',,'ING BODY OF COLLIER COb,~TY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT TI.",IOTHY L. HANCOCK. .MCP CHAIRMAN This instrument prepared by: H¢idi F. Ashton Assistant County At:omey Office of the Count>' Attorney 3301 East Tami,~mi Trail Naples. Honda 34112 (941) 77.~.S-~00 Folio Number: 63000320002 .NOTICE OF CLAIM OF LIEN FOR SANITARY SEWER SYSTEM IMPACT FEES Pursuant to Collier Count)' Ordinance NO. 90-8'7, as amended. Chapter 88-499. La',,. s of Florida. and olhcr apphcable provision of la'o,. The Board of County Commissioners of Collier Count), Florida. as Iht Governing Board of the Collier County Water-Se',',cr Distncl. hcrcby files this Not~cc of Claim of Lien for thc Sam~ar2,.' Scwcr System Impact Fees on thc following described real property located in Colhcr County, Florida to wit: LOT 3. NAPLES PLAZA. ACCORDING TO TIlE PLAT THEREOF RECORDED IN PLAT BOOK 14. AT PAGES 44 AND 45, PUBLIC RECORDS OF COLLIER COL.'NTY. FLORIDA; AS DESCRIBED IN THAT DOCL%IENT RECORDED IN OR BOOK 1513, PAGE 1124 OF THE PUBLIC RECORDS OF COLLIER COL~,~TY. FLORIDA. According to the Public Records of Collier Count.,,'. Florida. the described property apparcntl) ~s ov, ncd by SHELL OIL COMPANY, A DELAWARE CORPOR.~,TION. PROPERTY TAX DEPI. P.O. BOX 2099. HOUSTON, TX, 77252-2099. This Notice of Claim of Lien for Sanilary S¢~¢r Syslcm Impact Fees is in thc principal amount of S3.350.00, v, hich principal amount shall bear an interest from August 29. 1996, at lhe slalulor'y ra~c for final judgmenls calculalc-d on a calendar day basis, unlil paid. Dated this ~dayof. . 1997. ATTEST: D\VIGHT E. BROCK. CLERK BOARD OF COUNTY COMMISIONERS COLLIER COL.~TY. FLORIDA. AS THE GOVER.~'I~G BODY OF COLLIER COL~TY AND AS EX-OFFICIO THE GOVEP~\'ING BOARD OF THE COLLIER COb~TY WATER.SEWER DISTR. ICT BY: Th"dOTHY L. H,,k'qCOCK, AICP CHAIKMAN EXECUTIVE SUMMARY AWARD A CONSTRUCTION' CONTRACT TO SUNSItlN£ EXCAVATORS, INC., FOR LELY tlIBISCUS GOLF COURS£ CULV£RT CROSSING, BID NO. 96-261.3 ~ To receive Board approval and award ora construction contract for Lely Hibiscus Golf Course Culvert Crossing to Sunshine Excavators, Inc. in accordance with Bid No. 96-2613. CONSIDERATIONS: The Office of Capital Projects Management (OCPM) has completed the design and permitting of Lely Hibiscus Golf Course Culvert Crossing. Bids were opened January 8, 1997. The contract documents for Bid No. 96-2613 specify a performance time of 50 calendar days for substantial completion and 60 calendar days for all work and final acceptance. The bid stage activities and results for Lely Hibiscus Golf Course Culvert Crossing are summarized below: (1) The Project was adverlised for bids on December 4, 1996. (2) A pre-bid conference was held on December 17, 1996. (3) The bid opening was conducted on January 8, 1997, by the Purchasing Department staff. Six bid proposals were received as tabulated below beginning with the lowest bid amount. Bidder SUNSHINE; EXCAVATORS, INC. Mitchell and Stark Construction Company, Inc. Zep Construction, Inc. Douglas N. Higgins, Inc.. Haskins, Inc. Cross Country Pipe & Rail, Inc. Engineer's Estimate Total Bid $ 37,726.00 $ 86,888.00 $ 97,390.00 S103,070.00 $113,104.00 $117,912.40 SIO0, O00. O0 (4) OCPM staff met with Sunshine Excavators, Inc. to verify the bid and to discuss references. Sunshine Excavators assured staffthat they understood the scope of work and that they are standing by their bid. The bid is based on Collier County providing the pipe material to be installed. Lely Hibiscus Golf Course has issued a check to Collier County in the amount of $10,748.80 to cover the cost ofthe pipe material. OCPM staff.will perform construction inspection services. FISCAL IMPACT; The Stormwater Management Department proposes this construction project by transferring funds from Fund No. 325-172972-31203 (Imperial West / FPL Ditch) to Fund No. 325-172977-31 I01 ('Lely Canal) in the following amount: Contract Amount: $37,726.00 Construction Management: $ 6,000.00 Contingencies: $ 7,000.00 Total Project Budg~:I $50.726,00 A budget amendment is necessary in the amount of $50,726.00 to cover expected construction and administration costs. GROWTH MANAGEMENT IMPACT: None. }"~U ] 8 19117 ~.~a]~)J~LO~ That the Board of County Commissioners: (I) Award a construction contract to Sunshine Excavators, Inc. in the Iow bid amount of $37,726.00 and authorize staff`to proceed with construction. (2) Direct the Board Chairman to execute the construction conlract. (3) Approve the necessary budget amendment to transfer funds from project 31203 to project 3 i 101 for the total project budget of $50,726.00, and re¢ogn£ze the $10,749 £n new revenue. PREPARED BY: ~ DATE: ~ Mi?ah K Massaqu~::P. MP, Project Manager Office of Capital Projects Management REVIEWED BY: REVIEWED BY: REVIEWED BY: REVIEWED BY: Joh~r Stormwater Management Department Steve Y. Camelb Purchasing Direclor AdoJro A.G O~'j~cts 'Management kayrriand '~. ~ ~ Interim Public Works Administrator DATE: DATE: ~/ '" DATE: ~ DATE: Attachment: Copy of check issued to Board of County Commissioners Z Ld U Z LO C::: ._1 _J 0 T 0 Z Z 0 'T 0 >- I-- Z ,.,-] 0 LL 0 n.' 0 EXECUTIVE SUMMARY RECOMMENDATION THAT THE BOARD OF COUNTY COMMISSIONERS APPROVES THE CARRY FORWARD OF THE BALANCE REMAINING IN THE SERVICES FOR SENIORS AETNA FUND OBJECTIVE: To secure Board authorization to transfer funds from the FY 1996 budget to the Services for Seniors Program, account 123-155979-33079. The $1,352.48 in this fund was left in the 1996 budget but were BCC approved for use in 1997. CONSIDERATIONS: Due to required County Budget procedure, the Aetna Fund [123-155979-33079] must be carried forward annually prior to use by Services for Seniors. This fund which currently contains $1,352.48 has been in use since 1988 when the original amount of $7,000 was donated from proceeds of the Aetna Golf Challenge. It was/is to be used by Services for Seniors in meeting client needs not covered by the State and Federal grants which compose the majority of our funding. In the past eleven years, these dollars have been used to repair frail elderly clients' lift chairs, to build wheelchair ramps, and to have shower rails installed. It has enabled purchase of adult diapers and Ensure liquid supplements for indigent clients. These dollars have been stretched to meet client needs over the past 9 years. Services for Seniors currently has several extremely needy clients without the resources to pay for required diapers and nutritional supplements. This $1,352.48 will be once again used to meet these client needs. GROWTH MANAGEMENT IMPACT: None. FISCAL IMPACT: This $1t352.48 remaining 123-155-979-33079 is available for appropriation. in fund RECOMMENDATIONS: That the Board approve this carry forward of $1,353.48 [123-155979-33079] for use by Services for Seniors in the current fiscal year. /Nanc~'E-: Lochner, / Services for Seniors Program Supervisor Reviewed by:~ Date:~~l_ Social Services Department Director Reviewed bye__ Date:._~z:~ Public Services Administrator I~o .~ FEB I 8 1997 pg. BUDGET AMENDMENT REQUEST COLLIER COUNTY . SERVICES FOR SENIORS 123 FUND TITLE DATE PREPARED: 02106/97 FUND NO. FOR I~JOGETIFINANCE USE ONLY BARe ~.PH 0ATE TO IBCC YES NO PREVIOUSLY APPROVED, BCC AGENDA DATE: ITEM NO 1G C (I,) (A?'rAcH EXECUTIVE SUMM,M~') EXPENSE BUDGET DETAIL SERVICES FOR SENIORS ADMIN 155979 COSTCENTERT~TLE E. XPEN01TURE OBJECT CODE 649990 65281O 652990 COST CENTERNO EXPENOITtJRE TtTL~ OTHER MISCELLANEOUS SERVICES PERSONAL CARE ITEMS OTHER OPERATING SUPPLIES SERVICES FOR SENIORS ADMIN PROJECT TITLE ,NCREASE CURRENT (DECREAS~ eUOOET $548.00 $0.00 S150.00 S0.00 $654,48 $000 00000 PROJECT NO RE%lSED J~JD~ET $548.00 $150.00 $554.48 COST CENTER TITLE EXPENDITURE OBJECT COD[ TOTAL $1,352.48 COST CENIER NO PF. OJEC' TITLE PROJECT NO INCREASE CURRENT REVISED EXPENDITURE TITLE (DECREASE) BUDGET BUI:X~E T SERVICES FOR SENIORS ADMIN COST CENTER TITLE REVENUE OBJECT COOE 346904 155979 TOTAL RPVENUF. BUDGET DETAIL SERVICES FOR SENIORS ADMIN COST CENTER NO PROJECT TITLE INCREASE CURRENT REVENUE TITLE (OECREASEI BUOGET SOCIAL SERVICES CONTRACTS-REV $1,352.48 $0.00 PROJECT NO RE~ISEO BUCX,~E T $1.352.48 TOTAL $1,352.48 EXPLANATION WHY FUNDS ARE NEEDED: Funds are needed to provide in~ Collier County. residenls with needed services not covered by State or Federal ~rants. These services have included the purchase o! nutritional supplements and sanitary, supplies, repairs to to wheelchairs and construchon of wheelchair ramps. WHERE ARE FUNDS AVAILABLE: Collier County Senior Services was the rece_pient of a donation from the .proceeds of the Aetna Golf ChaIlencje event herd in 1988. The balance remainin.c] at 9/30/96 from the .proceeds of the event in the amount of $1,352.48 is included in the current ~roved Co~herefore, no additional funds are b~sted. REVIEW PROCESS COST CENTER DIRECTOR: \ V~ DIVISION ADMINISTRATOR: ~ BUDGET DEPARTMENT: DATE: AGENCY MANAGER: FINANCE DEPARTMENT: CLERK OF BOARD ADMIN.: FORM NO. CCO54 IN Pt.J T BY BA NO EXECUTIVE SUMMARY RECOMMENDATION TItAT TIlE BOARD OF COUNTY COMMISSIONERS ADOPT A RESOLUTION ALLOWING TIlE EXPENDITURE OF COUNT~' FUNDS FOR TIlE PURCItASE OF SEVERAL PLAQUES IN CONJUNCTION WITH TIlE MEMORIAL TREE PROGRAM Objective: To have the Board of County Commissioners adopt a Resolution allowing for the expenditure of County funds relative to purchasing plaques in conjunction with the Memorial Tree Program. Considerations: Over the past several months our Department has received four requests for tree plantings relative to the Memorial Tree Program. Our Department is seeking approval to recognize their donations in the form of a memorial plaque. The donations are as follows: I) Henry C. Allen dedicated to Mildred "Dink" Allen; 2) The CaIusa Garden Club donated in the memory of Virginia (DeeDee) McDowell; 3) Kathleen and Jim Ruth in memory of Alexandra Devin; 4) Redman and Parks, Inc. in memory of Sophia Mary Widget. GROWTH MANAGEMENT: None FISCAL IMPACT: The memorial plaque cost is not to exceed $500. Funds in this amount are available in Parks and Other Properties, Fund 001-15633'~ to fund these projects. -' RECOMMENDATION: Staff is recommending that the Board Commissioners approve this Resolution for the funding of these plaques. Prepared b 5dry Fr~c6, P_a_rks_ Superintendent · Depart?nent of Parks and Recreation of County Reviewed by:~~ · p Camp, Acting Director Department of Parks and Recreation Reviewed by:~ Division of Public Services Date~j_~ [4 16 :'7 !0 !1 :6 :7 :8 :9 :2 ;3 R. ESOLUTION NO, 97- RF. SOLU'IION :\UTIIORIZING EXPENDII'L'RE OF At'I'ROXI,'xIATELY ()NE IIUNDRED DOLLARS TO PURCtI,,\SE ,\ P[.AQUE TO RECOGNIZE ,\ .XlE.X. IORIAL TREE DONATION \VI IERI.'.:\.',:,. C,.,llie'r Count)' Ordirmncc No 87-5 pro,, ides th;It public I'ul~...Is maF be expended to purchase plaques t,.~ honor and identify the dtmors of services :md properl),' donated lo Collier County; and V','I IERE..\S. expendilures of Collier Count.',' funds authorized by Ordinance No. 87-5 musl first bt authorized by the Board of Count>' Commissioners on a case-b.v-case basis: and \VI iERE..\S, the Parks and Recreation Department wishes to recognize a donation of a me:n,'~rial tree In mcmor.~ ,It' ~lildred "Dink" ,\Ilea, \'irginia ([)cc Dec) .".IcDo,.v¢ll. Alcxandra Dcvin and Sophia Xlar'.' W~dgcr for thc purpose o£bcaulification of Collier County Parks and Rccrea:ion facili:ics; and \".'} IERE:\S. tl~c Parks and Recreation Department has requested Ihat the 13o;,rd of Coun:.v Commi.,.si,mcrs mith..',rize tile expenditure ufa sum of C'Otlllt)' I'ul'lds not lo exceed live hundred dolla:s :o purchase a plaque to recognize the donation o£a m.:morial tree in memory of ,".lildred "Dink" .-\Ilea. Virginia (Dec Dec) .'klcDov, eII. Alex:malta De\ in and $ophi..i .~Iar.', \Vidger; and \VHEREAS. thc Board of County Commissioners ~vishcs ~o join x,.ith the P:,rks and Recreation Department in recognizing the memor).' of .",lildred "Dink" Allen. Virginia (Dee Dee) .k[cDov,'ell. AIcxandra Devin and Sophia Mary \Vidger: NO\\' TIIEREFORE. BE IT RESOLVED BY THE BOARD OF COU,~TY CO.~INIISSIONERS OF COLLIER COL'NTY, FLORIDA, THAT: The Parks and Recreation Depar~menJ is hereby authorized lo expend a sum of County funds not ~o exceed five hundred dollars (:5500) lo purchase a plaque in honor of the memor), of Mildred "Diak" Allen, Virginia (Dee Dee) FdcDov,'ell, Alexandra Devin and Sophia Mar)' Widget. 4 $ ~0 ~9 ~0 ~4 ~6 ~9 ~0 This I.~c~ohlzion adopk, d ~fl,.'r m( lim~. second and m:ljmhy vo~t. £a','o~h L' Ibc .',~IFKI~. DATE: ATTEST: D\VIGttT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLOfLIDA BY: Deputy Clerk Approved as to form and legal sufficiency: Thomas C. Palmer As$i$1anl County Attorney BY: Timoti~y L. tlancock, Chairman EXECUTIVE SUMMARY RECOMMENDATION THAT TIIE BOARD OF COLLIER COUNTY COMMISSIONERS AUTltORIZE A SPECIAL FUNDRAISING EVENT, GULFCOAST SKIMMERS SHOW AND BONFIRE TO BE ttELD AT SUGDEN REGIONAL PARK TO RAISE FUNDS FOR BICYCLE PATROL EQUIPMENT FOR THE EAST NAPLES SIIERIFF'S SUBSTATION OBJECTIVE: To conduct a special event that includes a bonfire, and to use this event to help develop a policy that safely regulates community events that desire to include bonfires within County Park sites. CONSIDERATIONS: An event is being planned for Sugden Regional Park that would include a special Gulfcoast Skimmer's Wa~er Ski Show, and is proposed to include a bonfire. The event is designed to raise funds for two special all terrain bicycles and other associated equipment, estimated to cost $2,600. The event would include low key music, catered food and contemplates advanced ticket sales to cover expenses and provide the fund raising. The County staff, in response to some interest expressed by the County Commission, has been researching to find communities that allow bonfires or special events that include them. The only community that has been found was the City of Boca Raton, and information has been received regarding their process. In addition, this event would serve as a pilot and help to develop the policy that will ultimately be drafted for bonfire events. Today, for such an event a open, a bum permit from the East Naples Fire Department would be necessary. In addition, the East Naples Fire Department would post a truck on site and provide manpower to actually handle the fire itself. The fire would be located on the open cleared area near the location where the Gulfcoast Skimmers already perform, which is void of trees, or other flammable materials. GROWTH MANAGEMENT IblPACT: None FISCAL IMPACT: Because this is a grass root community effort to raise funds for a community policing-type effort, any fees associated with use of the park we suggested to be waived. There would be little if any cost associated with the event, as Rangers already working would be assigned to this park, and the East Naples Fire Department is participating at no cost. RECOMMENDATION THAT THE COLLIER COUNTY BOARD OF COMMISSIONERS, authorize a special event to raise funds for equipment to outfit a special bicycle patrol within the East Naples Sheriff's Substation, to be conducted at the Sugden Regional Park that will include music, catered food, a special water ski show, and a bonfire. Prepared bY~inistrator EXECUTIVE SUMMARY RECOMMENDATION TItAT TIlE BOARD OF COUNTY COMMISSIONERS PROCLAIM MARCIt 1997 AS PARKS AND RECREATION MONTit AND APPROVE THE PARKS AND RECREATION DEPARTMENT ltAVING AN OPEN ttOUSE FOR TIlE 25TM ANNIVERSARY OF THE DEPARTMENT. Objective: The Board of County Commissioners proclaim the month of March, 1997, as Parks and Recreation Month in Collier County, authorize the Department to have an open house on March 1" at the Golden Gate Aquatic Complex, and Immokalce Recreation/Aquatic Complex, and waive fees for the pool on that day. Considerations: On February 22, 1972, the Board of County Commissioners established a Parks and Recreation Department. Since that time the Department has provided over 400 acres of community park land and over 700 acres of regional park land for the residents and visitors of Collier County to enjoy. The Department hosts over five million visitors per 5'ear. The Department recommends that the Board adopt March 1997, as Parks and Recreation month in Collier County. On March 1" the Department would like to conduct a special event open house at the Golden Gate Aquatic Facility and lmmokalee Recreation/Aquatic Complex. The Department would like to welcome the public to come to the facilities at no charge and to provide refreshments to the public. These refreshments would consist of snow cones and soft drinks. The Department will have to rent the snow cone machines and purchase syrup and cones as well as the soft drinks at a cost of approximately $700. The Department would like to purchase magnetic cards te distribute to the public in honor of the 25'h Anniversary. Ail community centers located in the community parks with corresponding telephone numbers would be listed on these cards. Not only would these cards be distributed at the Open House, but also throughout the )'ear. The cost of the magnetic cards is $1,400. Fiscal Impact: The waiver of the pool admission fees for the day is estimated at $300. The cost of refreshments m~d magnetic cards is $2,100. The $2,100 is available in Fund 001-156341 and Fund 111-156343. Growth Management: None Recommendation: That the Board of County Commission: I) proclaim March, 1997, as Recreation Month in Collier County, 2) authorize the Department to have an Open House at the Aquatic Facilities on March 1", waive pool admission fees, and authorize the expenditures in the amount of $2,100 for the event, 3) approve and authorize the Chairman to sign the attached Resolution regarding expenditure for refreshments. Prepared by: Murdo Smith, Recreation Manager Department of Parks and Recreation Date: Reviexved by: _r~'~~. ~ Skip Camp, Acting Director Department of Parks and Recreation Reviev,'ed by: ~.g4~-'~ ~ Thomas W. Oil~-ff, A-dmi~_~ttor Division of Public Services Date: ~°/~? Date~ A~.p~ ,IN'y, ~ FEB 1 8 ~oe7 Pg, ~_ RESOLUTION NO. 97- A RESOLUTION APPROVING Tile EXPENDITURE Of COUNTY FUNDS, FOR SPECIFIC EXPENDITURES TO BE INCURRED AT Tile OPEN ItOUSE FOR Tile 25TH ANNIVERSARY OF Tile PARKS AND RECREATION DEPARTMENT, AS SERVING A VALID PUBLIC PURPOSE. WItER.~AS. Collier Coumy Ordinance No. 87-$ allov.'s for tile cxpendilurc of County funds to effectuate the purposes of the Ordinance provided that said expenditures arc approved by the Board tl~"ough an in~plcmcnting resolution setting forth the specific purposes of the expenditures; and WHEREAS, on February ~. 1997, the Collier County Board of County Commissioners approved, as part of its public meeting agenda, an Open ttouse for the 25th Anniversary of the Parks and Recreation Department; :,nd WHEREAS, tile Collier Counly Board or Counly Commissioners hereby also seeks to approve the specific expenditures for refreshments to be served to the public al the Open House; and WIIEREAS, the Collier County Clerk of Courts office has conferred with the County Attorney's office regarding Ibc need for clarification about the specific expenditures which thc Board of Courtly Commissioners inlends to approve as serving a valid public purpose, even if the expenditures are ,lot covered by lhe exacl expenditure categories set forth in Collier Count)' Ordinance No. 87.5. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY. FLORiDA. that: 1. The expenditures in the amount not to exceed $700.00 for the Collier County Open House for the 25th Anniversary of the County Parks and Recreation Department, are hereby found by the Board to serve a valid public purpose and are also hereby approved. The specific expenditures hereby approved are: Expenditures for refreshments to be provided to the public including: Snow cones, syrup and machines to prepare and serve refreshments ·nd soft drinks 2. The Board of County Commissioners hereby authorizes the disbursement of $700.00 to pay for said expenditures. This Resolution adopted after motion, second and majority vote favoring DATED: ATTEST: DWIGttT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY. FLORIDA BY: TIMOTHY L. HANCOCK. Chairman Approved as to form and legal sufficiency: Chief Assistant County Allomey Agenda I~ ,~ FEB 1~. ~,~o: ~ EXECUTIVE SUMMARY RECOMMENDATION THAT TIlE BOARD OF COLLIER COUNTY COMMISSIONERS REAPPOINT MS. PAT BARTON AND MR. RANDY MERRILL TO REPRESENT COLLIER COUNTY ON TilE DISTRICT EIGilT HEALTH AND HUMAN SERVICES BOARD OBJECTIVE: To have Collier County representation on the Board, which under the State HRS reorganization will provide local policy oversight, determine funding distributions and act as a Board of Directors for all County Public Health Units in District Eight. CONSIDERATIONS: Under the State's H~S reorganization (outlined in the attached House Bill) two separate committees were created: the Nominee Qualifications Review Committee (BQRC) and a Health and Human Services Board (HHSB). The HHSB for this District is according to the Bill, a 15-member board including three Gubernatorial appointees. Upon creation, the board can expand its membership up to 23 members, again with the Governor having a minimum one-fifth ofthe members appointed. The HHSB was created in an attempt to put the decision making for County Health units at a level substantially closer than Tallahassee, where it has historically been. The duties include: 1. Establish District goals and objectives consistent with state-wide policy parameters. 2. Conduct District needs assessments using methodologies consistent with those estal~lished by the Secretary. 3. Develop and approve a District service delivery plan that: a. Identifies current resources and services available; b. Identifies unmet needs and gaps in services; c. Establishes service and funding priorities; and d. Recommends new services or deletion ofexisting services. 4. Provide budget oversight, including development and approval of the District's legislative budget request. 5. Provide policy oversight, including development and approval of District policies and procedures. 6. Act as a focal point for community participation on department activities such as: a. Assisting in the integration of all health and social services within the community; b. Assisting in the development ofcommunity resources; c. Advocating for community programs and services; d. Receiving and addressing concerns of consumers and others; and e. Advising the District Administrator on the administration of service programs throughout the District or sub-District. Agenda tt~.~ ] FEB 1 8 m7 .o.,, / To create the HHSB, the Nominating Qualification Review Committee NQRC) was also established. This group has advertised, received applications, reviewed according to the established criteria, and voted unanimously to send Collier County the following two nominees for reappointment. The final I-ff-ISB must include two "consumers of the department's (HRS) services". Other than that one hard and fast criteria, the applicants '.,,'ere reviewed based upon their demonstrated interest, commitment, and appropriate expertise for meeting the health and human services needs of the community; and in an attempt to develop a board that reflected the age, gender and ethnicity ofthe district. FISCAL IMPACT: There is no fiscal impact for this requested action. Board members serve without compensation, but may be reimbursed for their travel related expenses by the State. GROWTH MANAGEMENT IMPACT: There is no Growth Management impact for this requested action. RECOMMENDATION TItAT THE COLLIER COUNTY BOARD OF COMMISSIONERS, reappoint Ms. Pat Barton and Mr. Randy Merrill to represent Collier County on the Health and Human Services Board. Prepared and approved by-: Thomas W. Oll~ff, Pubii- e~"~-Tces Administrator FEB 1 8 1997 ~o RESOLUTION NO. 97- RESOLUTION APPOINTING RANDY MEI~RILL TO Tile DISTRICT EIGIIT IIEALTII AND IIUMAN SERVICES BOARD WFIEREAS, the District Eight Health and Human Se~ces Board was created to evaluate district needs and develop and approve a district plan consistent with state-wide policy parameters for hcaJth and social services within the commur~ty; and WI'{EREAS, there is a need lo appoint one (I) member to the District Eight tleahh and Human Serx'ices Board; and WHEREAS, the District Eight Nominee Qualification Review Committee has reviewed a list of eligible applicants to serve on the Health and Human Servlccs Board, NOW, THEREFORE. BE IT RESOLVED BY THE BOARD OF COL,~TY CO,X~IISSIOXERS OF COLLIER COUNTY, that Rand:,' Merrill is hereby reappoinled to thc District Eight Health and Human Services Board for a term beginning December 23, 1996, and expiring December 22, 2000. This Resolution adopted a~er motion, second and majority vote. DATED. ATTEST: D~.~,qGHT E. BROCK, CLERK BOARD OF COUNTY CON~IISSIONERS COLLIER COUNTY, FLORIDA Approved as to Corm and legal sufficiency: Timothy L. Hancock, Chairman 1 2 4 6 '7 11 14 15 I? ]0 ~2 .~6 !8 !9 10 RESOLUTION NO. 97. RESOLUTION APPOINT/uNG PAT BARTON' TO TIlE DISTR/CT EIGI1T IIEALTII AND IlUMAN SERVICES BOARD WHEP. EAS, the District Eight Health and Human Services Board was created to evaluate district needs and develop and approve a district plan consistent with state-wide policy parameters for health and social services within the corru'nunity; and WliEREAS, there is a need to appoint one (I) member to the District Eight Heahh and Human Sen'ices Board; and WtiEREAS, the District Eight Nominee Qualification Review Committee has reviewed a list of eligible applicants to serve on the ttealth and Human Services Board. NOW, TIIEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COSD. LISSIONERS OF COLLIER COUNTY, that Pat Barton is hereby reappointed to the District Eight Heahh and Human Services Board for a term beginning December 23. 1996. and expiring December 22, 2000 This Resolution adopted after motion, second and majority vole. DATED: ATTEST: D~,~qGHT E BROCK. CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Approved as to form and legal sufficiency: County Attorney Timothy L. Hancock. Chairman EXECUTIVE SUMMARY RECOMMENDATION TO APPROVE A BUDGET AMENDMENT APPROPRIATING ~SE~S IN THE MEMORANDUM OF UNDERSTANDING (MOU) FIRST RESPONDER TRAINING PROGRAM IN FUND(490). OBJECTIVE: To obtain approval from the Board to appropriate $19,000 from Fund (490) reserves. CONSIDERATIONS: The First Responder Training Program provides basic medical training, quality assurance and appropriate medical procedures for non- licensed agencies that choose to respond to 911 medical calfs. The funding for the program is provided by the participating Fire Departments. These funds represent FY 96 carry forward from the memorandum of Understanding (MOU) First Responder Training Program in Fund (490). FISCAL IMPACT: A total of $19,000 would be transferred from EMS (490) reserves and appropriated to operating expenses in cost center 490-144641 Firsl Responder Training Program. ' Growth Manacj.~ment I~ None RECOMMENDATION: That the Board of County Commissioners approve a Budget Amendment that recognizes and appropristes reserves from the First Responder Training Program as described herein. PREPARED BY: REVIEWED BY: REVIEWED BY: ~ommander ' E~~c~, Medical Services Department Department of Emergency Services DATE://~7 DATE:~ DATE: ;;'-//¢/,~'......._._.......~ _EXECUTIVE SUMMARY~ RECOMMENDATION TO APPROVE CHANGE ORDER NUMBER 1 FOR THE REPLACEMENT OF THE TWO (2) MAIN DOORS AT THE CENTRAL LIBRARY UNDER WORK ORDER VB-14. OBJECTIVE: To gain Board approval for Change Order Number 1 for the additional costs associated with providing a custom mixed Kynar paint finish for the doors and sidelights at the Central Library to match the existing trim finish. CONSIDERATIONS: The price of the doors were originally priced using a standard paint finish, but on further investigation it was determined that a custom paint finish was used in the original construction. An additional cost of $2,365.00 will be required to match the existing custom mixed paint finish. F~SCAL IMPACT: Funds are available within the Project's budget, 301 - 120435 - 80525, General Building Improvements. GROWTH MANAGEMENT IMPACT: None RECOMMENDATIONS: That the Board approve the Change Order Number 1 to Work Order VB-14 for $2,365.00 which is described wilhin this summary. ./.Ja, ck Crognale; ~ons~ruction Manager ~Depadment of Facilities Management REVIEWED Leo E. Ochs, ~., Admir~(stra{or Support Services ~?~on I FEB 18 1997 CRANGE ORDER CHANGE ORDER NO. 1 TO: Mr. ~ Buk% Pried=it Vm~clerbil~ Bay C-om~-uction. Inc. 2340 3 & C Baul=v~rd N~OIe~, F1 34[09 DATE: Izta.z~-y 30, 1997 WOKK ORDER NO. V'B- 14 PROJECT NAME: R~lacc Central Libra~h PROJECT NO.' Work Ordex # VB-14 Under our AGRI=EMENT da~e.d October 13. 1996. rn,'% .j CHANGE ORD -EK NO. 1 PAGE 2 Yo~ h~'~), ~r~ ~taor~xt a~l ~ to m~c tl~ followiag c.~(0 ~n ~cco~ w~th ~md comfidcm~ of thc Agr~m~t: ProvH¢ a curtom mi,x~ Kyr~ ~ fin/sh for the doors ~id~Jglas at th~ main ~ to th~ C~'~t~ LJ'br~7 to n~r.h t[~ ~xistfia8. For t~ (axididve) mum of: 'I'v,~ty -three lKmd. rcc[ ~d sbcty- five 00/100 DoUara ($ 2.365,00). Od~ A~ Amour $ 8,1 gO.O0 Sum ol'Pr~ous Ch~gcs: $0 Th~ C1~.~8¢ Ordcr (Add) $ 2,365.00 $1o,545.00 Th~ ~ for completion ~ b~ ('mcrc~xl / dccre, a.~xt) by 0 cale.~l~r c~ys due to Ord.. ~~y, ~ C~ T~ i~ ~ ~A~ ~N/A) ~ ~. ~ ~b~U~ ~mp~ ~ ~ ~N/A ~d ~ ~ ~l~on ~ ~ ~N/A · Yo~ ~~ offs C~ ~~ ~ am~fi~ ~~ pe~ ~j~ to ~ ~ ~c tern ~ ~dons ~ ~u~ in ~r ~t indi~t~ ~ ~ ~y ~ ~t~ ~ ~ ~ h ~s ~~. ~ ~ju~t ~, to OWNE~ CONTRACTOR' I /,~,,,-.~.,~ ,~. ,..--. ,.o. BOARD OF COUNTY COMMISSIONERS · c. OF C COUNTY, FLOR.IDA BY'~ BY: ~A I~-25-1996 7:47A!4 FROM VANDERB~LT BAY 941 Bgl 8181 p. ! VANDERBILT BAY CONSTRUCTION, INC.. 234~ J & C Boulevard Napes. FL 34109 Telephone {941 ) 551-0900 Fax(g41) 591.8181 October 24. 1996 Mr Jack Crognale Collier County Government Complex Ofl~ce Of Fac~ities Management 3301 Tamiami Trail East, Building "W" Naples, Florida 33962 Re Central Library Automatic Door Replacement Dear Jack, Please accept the following as the additional costs associated with providing a custom nhxed Kynar paint finish for the doors and sidelights at the above referenced project. TOTAL ADDITIONAL COSTS ......... $2,365.00 This custom color7 increased the delivery time by approximately eight (8) weeks. // t~. lly su tted, Da DP}~~nw EXECUTI~rE SUMMARY RECOMMENDATION THAT THE BOARD OF COUNTY COMMISSIONERS APPROVE A/qD EXECUTE THE SATISFACTION OF CLAIM OF LIEN OBJECTIVE: Recommendation that the Board acknowledges full payment and executes the Satisfaction of Lien. CONSIDERATIONS: The Board of County Commissioners of Collier County, Florida as the Governing Body of Collier County and as Ex-Officio the Governing Board of the Collier County Water/Sewer District of Collier County, Florida, recorded the Claim of Liens in the Office of the Clerk of the Circuit Court of Collier County, Florida. 1.) keri Lynn Reyburn, securing the principal balance of $1,340.00 plus accrued interest and penalties. Full payment and satisfaction of this lien has been made. The County Attorney's Office has reviewed and approved the Satisfaction of Claim of Lien. FISCAL IMPACT: Payment in full of this Claim of Lien increases the cash flow in the County's impact fee liens account to approximately $192,174.00. GROWTH MANAGEMENT: None RECOMMENDATION: Recommendation to acknowledge full payment and the satisfaction of this lien and to surrender the same canceled, and to direct the Clerk of the Circuit Court of Collier County to cancel the same of record. Authorize the Chairman to execute the Satisfaction of Claim of Lien. Agenda Date: February 5, 1997 Prepared by: Cindy Long, /Accounting Technician Revenue Services Reviewed by :~ j~ h~ y~no nYo n k~o,skk[_~ \ Re~.~e~ue ~es~ Leo'Ochs Jr.;/Adm~ Support Se~ces nistrator EB 18'1997 This instrument prepar{~ by: Thomas C. Palmer ~-.~ Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 33962 (941) 774-8400 SATISFACTION OF LIEN k74ow ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTy COM]~ISSIONERS OF COLLIER COL~NTY, FLORIDA, AS THE GOVE~4ING BODY OF COLLIER COUNTy A34D AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTy WATER-SEWER DISTRICT, was the owner and holder of a certain Lien against: KERI LYNN REYBUR/~, 882 BLUEBIRD STREET, NAPLES FLORIDA 33942 , The Lien was recorded on the 30th day of September, 1994, in Official Record Book 1989 Pages 2151 in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of ONE THOUSAND THREE HUNqDRED FORTY DOLLARS 00/100 ($1,340.00) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: LOT 5, BLOCK D, FLAMINGO ESTATES, A SUBDIVISION ACCORDING TO THE PLAT T}{EREOF, RECORDED IN PLAT BOOK 10, PAGES 34 AND 35, OF THE PUBLIC RECORDS OF COLLIER COUNTy, FLORIDA, AS DESCRIBED IN THAT DOCUMENT RECORDED IN OR BOOK 1472, PAGE 1952, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. FOLIO NIIKBER~ 32482640001 Collier County, a political subdivision of the State of Florida, and the Collier County Water-Sewer District, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full Satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, and as Ex-Officio the Governing Board of the Collier County Water-Sewer District, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this day of 199~. '----------- ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUN'rY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTy;hND AS EX-OFFICIO GOVERNING BOARD OF THE COLLIER COUN~ WATER-SEWER DISTRICT Ti~ L. HANCCCK, EXECUTIVE SUMMARY RECOM~ENDATION THAT THE BOARD OF COUNTy COMMISSIONERS APPROVE AND EXECUTE THE SATISFACTIONS OF NOTICE OF PROMISE TO PAY ~ AGREEMENT TO EXTEND PAYMENT OF SEWER SYSTEM IMPACT FEES 9BJECTIVE: Recommendation that the Board of County Commissioners acknowledge full payment and execute the Satisfactions of Notice of Promise to Pay and Agreement to Extend Payment of Sewer System Impact Fees. CONSIDERATIONS: The Board of County Commissioners of Collier County, Florida as the Governing Body of Collier County and as Ex-Officio the Governing Board of the Collier County Water/Sewer District of Collier County, Florida, is the owner and holder of the Notice of Promise to Pay and Agreement to Extend Payment of Water and/or Sewer System Impact Fees (Agreement) executed by: 1.) Scott Arnold and Apple Development, securing the principal balance of $2,363.18 plus accrued interest. 2.) David and Susan Brand, securing the principal balance of $4,570.22 plus accrued interest. 3.) Stone Building Corp. and Douglas and Sandra Carter, securing the principal balance of $1 500 75 plus accrued interest. ' · 4.) 5.) 6.) 7.) 8.) 9.) 10.) 11.) Donald and Sandra Clawson, securing the principal balance of $1,500.75 plus accrued interest. Daniel and Karen Dittman, securing the principal balance of $1,500.30 plus accrued interest. Alma Hunt, securing the principal balance of $2 363 18 plus accrued interest. ' · William E. Jackson, securin9 the principal balance of $1,500.75 plus accrued interest. Prudencio and Gilberta Martinez, securing the principal balance of $1,500.75 plus accrued interest. Steven Medinger, securing the principal balance of $5,916.15 plus accrued interest. Holly Miller, securing the principal balance of $2,363.18 plus accrued interest. Rachel Mae Morgan, securing the principal balance of $1,500.30 plus accrued interest. -- FEB ! 8 1997 Executive Summary Page 2 12.) Shirl Newell, securing the principal balance of $1,500.75 plus accrued interest. 13.) Natalie T. Parks, securing the principal balance of $1,340.00 plus accrued interest. 14.) Barbara Rubinton, securing the principal balance of $1,741.80 plus accrued interest. 15.) Theodore and Judith Sawicki, securing the principal balance of $1,500.75 plus accrued interest. 16.)Cleyo R. Waggoner, securing the principal balance of $1,500.30. 17.) Virginia Harris and Ronald Williamson, securing the principal balance of $9,695.82. Full payment and satisfactions of these agreements have been made. The County Attorney's Office has reviewed and approved the satisfactions. FISCAL IMPACT: Payment in full of these Agreements increases the cash flow in the County's impact fee trust accounts to approximately $3,571,526.00. GRO~FI~H M3%NAGEMENT IMPACT: None RECOM~4ENDATION: Recommendation to acknowledge full payraent and the satisfactions of these agreements and to surrender the same canceled, and to direct the Clerk of Circuit Court of Collier County to cancel the same of record. Authorize the Chairman to execute the Satisfactions of Notice of Promise to Pay and Agreement to Extend Payment of Sewer System Impact Fees. Agenda Date: February 18, 1997 : A~i Cindy Lon~, an Revenue Services__ Reviewed by:~~,,.. _~o.~hn~onk~k~ D~e~t-~-~ R e/v~, e SZ_ervices Approved by:~ Leo ~chs Jr., ~d~tor Support Se .~./es RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS TO AUTHORIZE THE ADVERTISEMENT FOR A PUBLIC HEARING ON A PROPOSED TELECOMMUNICATION ORDINANCE FOR CONSIDERATION. OBJECTIVE: Authorization from the Board of Collier County Commissioners to advertise for public hearing of a new Telecommunications Ordinance for Collier County. CONSIDERATIONS: Due to the rapid technological changes in and deregulation of the telecommunications industry, Collier County has had to re-examine its regulatory and Right-of-way management policies as it applies to telecommunication providers in Collier County. Because, each of the three current cable providers in Collier County are due for franchise renewals, and because of recent legal challenges against the existing ordinance as ,,','ell as changes being adopted by the Federal Communications Corm'nission, it is imperative that the County adopt a new ordinance that will allow the County, in a competitively neutral fashion, to protect the public safety and welfare, ensure service quality, protect consumers rights, manage the public rights-of-way, as well as receive fair compensation for their USe. FISCAL IMPACT: The fiscal impact is only the expense of advertising. Sufficient funds are available in Fund 111-100210. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: That the Board of County Commissioners authorize the advertisement for public hearing on the proposed telecommunications ordinance. AGENDA LTFM ,~',.. FEB 18 PREPARED BY: JAMES K. TZEK,~ISC~kLANALYST · FRANCHISE ADMINISTRATION R.EVIEWED BY: DATE EAN MERRITT, MANAGER FRANCHIS E/~INISTRATION ED R. DAY - ~ EXECUTIVE ASSISTANT TO THE COUNTY MANAGER DATE DATE EXECUTIVE SUMMARY REQUEST TO ESTABLISH A TRUST FUND FOR THE EMPLOYEE ADVISORY COMMITTEE TO BENEFIT MORALE AND ESPRIT OF COLLIER COUNTY EMPLOYEES OR OTHER ACTIVITIES RECOMMENDED BY THE EMPLOYEE ADVISORY COMMITTEE, OBJECTIVE: To receive Board of County Commissioners' approval to create an expendable Trust Fund for the Employee Advisory Committee to benefit morale and esprit of Collier County employees or to be used for other activities as recommended by the Collier County Employee Advisory Committee. CONSIDERATIONS: The Employee Advisory Committee is comprised of twelve County employees who have been nominated and elected by their co-workers from each of the four divisions under the County Manager's Agency. At least once each month, the EAC meets with the County Manger to discuss a broad range of topics of concern to both employees and the Manager. These may include such things as benefits, merit programs, productivity improvement and employee morale. Employee morale is a constant concern of the EAC because of its potential effects on productivity. In a proactive effort to maintain high level of employee morale, ~vith much innovation, the EAC identified a way for the employees to sponsor activities to maintain and/or increase morale. Funds shall be contributed to the Trust through employee fund-raisers or donations. FISCAL IMPACT: Creation ora fund to include new revenues that were not part of the FY-97 adopted budget. RECOMMENDATION: That the Board of County Commissioners adopt a resolution creating a trust fund for the Employee Advisory Committee. PREPARED BY: ~ Date: ..g-;c- ~_.~__ Michelle Edwtm~ Arnold Assistant to the County Manager FEB ! 8 Pg.__Z__.__ 2 4 6 ? 8 I0 II 12 13 15 ~6 17 18 19 20 21 24 :27 29 30 32 .1.1 34 3'7 RESOLUTION NO. 97. A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS TO CREATE AN EXPENDABLE TRUST FUND FOR THE EMPLOYEES' ADVISORY COMMITTEE TO BENEFIT MORALE AND ESPRIT OF COLLIER COUNTY EMPLOYEES OR TO BE USED FOR OTHER ACTIVITIES AS RECOMMENDED BY T}IE COLLIER COUNTY EMPLOYEE ADVISORY COMMI'I-rEE. WHEREAS, the Collier County Employee Advisory Committee (EAC) is comprised of ~'elve County employees who have been nominated and elected by their co-workers from each o£ thc four County Divisions; and WHEREAS, a primary objective of the EAC is to obtain improvements in working conditions to benefit all employees; and WHEREAS, the Employee Advisory Committee has been approached by several businesses encouraging their participation in fund raising activities; and WHEREAS, the Employee Advisory Committee is desirous of organizing Fund raisers and collecting donations for thc improvement oFcmployee morale and esprit or other activities: and W1TEREAS, the Employee Advisory Committee is acting on its own behalf and is not authorized to solicit money or act on behalf of the County: and WHEP,~AS, the money collected shall be voluntaq,, donations from Collier Count:.., Employees or other donallons and shall remain the separate proper~y of the EAC; and WHEREAS, thc Employee Advisory Commiucc desires to deposit an), money collected in a trust fund Io be maintained by Ihe County and disbursed for employee related morale and esprit activities in accordance with the desire o£ the Board or County Commissioners at"ter recommendation by the Employee Advisory commitlee. NOW, THEREFORE, BE IT RESOLVED BY TITE BOARD OF COU~'TY COMMISSIONERS OF COLLIER COUNTY, FLOR/DA, that: I. The Board of County Commissioners hereby creates a separate trust fund to be maintained by the County Finance Department which shall be an interest bearing account or invested pursuant to Count), investment policies and procedures. 2. Thc Employee Advisory Committee shall submit cash deposits to the Finance Department from time-to-time. 3. Thc deposit of money into the trust fund shall be deemed trust by thc Board of Commissioners. -I- a,___cccptance or the donation in AGENDA ITEM. " FEB I 8 4. Thc principal and interest on deposit in Ibc Irus! account shall be used for cmploy¢i: esprit and morale and other employee related acllvilies on a case-by-case basis as directed by thc ~oard of County Commissloncrs by RcsoluHons. Al or before thc public hearing regarding usc of m~s! funds, thc Board of Count'), Commissioners shall consider Ih¢ recommendation of the Employee Advisory Cornmitlcc. S. Thc County Adminls'Irator. Assislan! to thc County Administrator. Chair and/or Trea'~urer of the Employee Advisory Committee arc authorized signatories for funds Io be expended. 6, Thc Resolution shall take effect immediately upon its adoption, Thc Rcsolutlon adopted this ~ day of , 1997 aRer motion, second and majority vote Favoring same. 12 A'VFEST: 13 DWIGIIT E. BROCK. Clerk 14 15 By: 16 Deputy Clerk 17 19 Approved as to form and 20 legal sufficiency: 21 22 23 Thomas Palmer 24 Assistant County AHomey BOARD OF COUNTY COMMISSIONERS COLLIER COlo,~T'Y, FLOR.IDA By: Timothy L. Hancock. Chain'nan -2- APPROVAL OF BUDGET AMENDMENTS BCC AGENDA OF 2/18/97 URBAN IMPROVEMENT GRANTS (121) BUDGET AMENDMENT 97-126 Commu~ment Block Grants Capital Outlay (Impr. General) Capital Outlay (Sewer Facilities) Capital Outlay (Flood & Drain) Capital Outlay (Street Impr.) Capital Outlay (Water Facilities) Capital Outlay (Sidewalks) Capital Outlay (Fire Hydrants) Total _E. Aplanation: ($14o,ooo) 48,100 37,700 31,200 18,500 3,300 I 20O Department of Community Affairs requires that grant expenditures be budgeted to the Grant Activity level. COUNTY WIDE FACILITIES CAPITAL (301) BUDGET AMENDMENT 97-156 BId~. F Renovations & Misc. Pro'el.q_~ Capital Outlay (Lighting Retrofits Project 80505) Capital Outlay (General Bldg. Improvements Project 80525) Reserves Total ($45,000) 30,000 15 000 .~planation: The money for the Lighting Retrofits is not needed now due to the County entering into a performance contract for the lighting. The money will be used for the renovation of the Plaza II building to accommodate the Internal Audit Department. The balance of funds will be placed in reserves. COUNTY WIDE FACILTIES CAPITAL (301) BUDGET AMENDMENT 97-157 Bldg. F Renovations & Misc. Proiects Capital Outlay (Environmental Project 80504) ($14,533) Capital Outlay (General Bldg. Improvements Project 80525) 14 533 Total 0 The Central Library's doors required a special paint to match the existing paint and this was not anticipated in the original purchase order, in addition to various other project~ that need to be done in Building F (Administration). Parks Impact Fees Operating Expense Reserves Total E_~planation: NAPLES & URBAN COLLIER COUNTY PARK IMPACT FEES (368) BUDGET AMENDMENT 97-159 $3,000 To cover the impact fee processing charges from Development Services (permit and inspections). AGENDA ITEM No.~ FEB ~8 1997 Pg%___..~ BOARD OF COUNTY COMMISSIONERS MISCELLANEOUS CORRESPONDENCE February 18, 1997 FOR BOARD ACTION: Certi__ficate of Co~: NEED MOTION authorizing the Chairman to sign Certificate of Correction to the tax rolls as presented by the Property Appraiser's Office. RECOMMEND APPROVAL. Satisfaction of Lien: NEED MOTION authorizing the Chairman to sign Satisfaction of Lien for Services of the Public Defender for Case Nos. 96-5567-MMA, 96-1420-CFA, 96-1344-CFA, 96-7461-M24A, 96-923-MPZA, 95-5017-MMA, 96-8026-MMA, 96-3502-M24A, 96-864-CFA, 96-8883-MMA, 96-4301-Ml~A, 96-8950-MMA. RECOMMEND APPROVAL. Canc~: NEED MOTION authorizing the Chairman to sign Cancellation of Lien for services of the Public Defender for Case ~;umber 90-1707-CFA. RECOMMEND APPROVAL. Miscellaneous Items to File For Record With Action As Directed Districts: ao Port of the Islands Community Improvement District - November 5, 1996, November 21, 1996, and December 19, 1996. ~inutes: Airport Authority - agenda for February 11, 1997. Referred to BCC. AGENDA L~TEM FEB 1 8 1997 Pg. /